AGO 84-21.

Case DateNovember 28, 1984
CourtColorado
Colorado Attorney General Opinions 1984. AGO 84-21. November 28, 1984Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 84-21 AG Alpha No. LE HR AGANZ The Honorable Carl B. Bledsoe Speaker of the Colorado House of Representatives State Capitol Denver, Colorado 80203 RE: Appointment of members to the Joint Budget CommitteeDear Representative Bledsoe: I write in response to your request for my opinion about the appointment of the membership of the Joint Budget Committee. QUESTION PRESENTED AND CONCLUSION Who is the appointing authority for the house members of the Joint Budget Committee? It is both a power and duty of the speaker of the house to appoint the house members of the Joint Budget Committee, consistent with the requirements of section 2-3-201, C.R.S. (1980). ANALYSIS The Joint Budget Committee is established by statute. Section 2-3-201(1), C.R.S. (1980). Its members are to be chosen "in each house in the same manner as members of other standing committees" with the limitation that the membership must "consist of the chairman of the House Appropriations Committee plus one majority party member and one minority party member thereof, and the chairman of the Senate Appropriations Committee plus one majority party member and one minority party member thereof." Id. The term "standing committee" is not expressly defined in the statute, but it is a term of common usage referring to any committee appointed to consider all of the legislative business falling within the category of matters over which it has been given jurisdiction. See Black's Law Dictionary, 248 (5th ed. 1979). Within certain constraints, the statute therefore leaves the ultimate choice of the members of the Joint Budget Committee to each house of the general assembly. The Constitution of Colorado creates each house of the general assembly with the power to determine the rules of its proceedings. Colo. Const. art. V, secs. 1 and 12. Similarly, each house has statutory authority to adopt rules for the orderly conduct of its affairs. Section 2-2-404, C.R.S. (1980). The manner of appointing members to the committees of each house of the general assembly is prescribed by rules promulgated for that purpose. Rule 3(b)(8) of the Rules of the House of Representatives of the Colorado General Assembly...

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