AGO 86-8.

Case Date:June 26, 1986
Court:Colorado
 
FREE EXCERPT
Colorado Attorney General Opinions 1986. AGO 86-8. June 26, 1986Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 86-8 AG Alpha No. EX AD AGAPJ Honorable Richard D. Lamm Governor State Capitol Building Denver, CO 80203 RE: Whether the General Assembly separately reconsidered the Governor's item vetoes of portions of the 1986 Long Bill as required by the Colorado ConstitutionDear Governor Lamm: On June 18, 1986 you wrote requesting my legal opinion on whether the House of Representatives of the Colorado General Assembly complied with the requirements set out in the Colorado Constitution when the House voted to override your item vetoes of certain provisions in H.B. 1342 passed by the 55th General Assembly (the "1986 Long Bill"). Specifically you ask whether the House separately reconsidered each item vetoed by you, as required by Colo. Const. art. IV, sec. 12. QUESTIONS PRESENTED AND CONCLUSIONS Whether the vote of the House of Representatives approving one motion to override all your item vetoes collectively, is sufficient to meet the requirement of Colo. Const. art. IV, sec. 12, that each item objected to shall be separately reconsidered. No. It is my opinion that the procedure followed by the House of Representatives failed to satisfy either the express language of that constitutional requirement or its underlying purpose. Does the failure to vote on each item separately invalidate the passage of the items over the veto. Yes. The failure to properly pass the override allows the vetoes to stand. ANALYSIS You have advised me of the following relevant factual circumstances which are documented by the legislative history prepared by the General Assembly. On May 26, 1986, acting in your capacity as Governor, you exercised your item veto power to disapprove several provisions of the 1986 Long Bill. See, Journal of the House of Representatives, 55th General Assembly, 2d Regular Session, May 27, 1986 ("House Journal"), at 1589-1618. Both houses of the General Assembly considered these vetoes on May 27, 1986. The House overrode all of the vetoed items in a single recorded vote. See House Journal, at 1624. In contrast, the Senate separately reconsidered each of the vetoed items on separate motions made by Senator Dodge. See Senate Journal, 55th General Assembly, 2d...

To continue reading

FREE SIGN UP