Journal for 03/13/2000

House Journal--69th Day--March 13, 2000

2/13/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Sixty-ninth Legislative Day Monday, March 13, 2000

Prayer by the Reverend Doctor Cynthia Cearley, Montview Presbyterian Church, Denver.

The Speaker called the House to order at 10:00 a.m.

The roll was called with the following result:

Present--59.

Excused for legislative business--Representatives May, Smith, Young--3.

Excused--Representative Lawrence--1.

Absent--Representatives Coleman, Tate--2.

Present after roll call--Representatives Coleman, Tate.

The Speaker declared a quorum present.

_______________

On motion of Representative Gagliardi, the reading of the journal of March 10, 2000, was dispensed with and approved as corrected by the Chief Clerk.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, Consideration of Special Orders (

SB00-061

) was laid over until March 14, retaining place on Calendar.

_______________

THIRD READING OF BILLS--FINAL PASSAGE

The following bills were considered on Third Reading. The titles were publicly read. Reading of the bill at length was dispensed with by unanimous consent.

SB00-098

by Senator Sullivant; also Representative Scott--Concerning the use of moneys in a school district's special building and technology fund.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared

passed

YES 61 NO 0 EXCUSED 4 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence E

Lee Y

Leyba Y

Mace Y

May E

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith E

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young E

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Allen, Coleman, Gotlieb, King, Mace, Morrison, Plant, Spence, Williams S

HB00-1016

by Representatives Williams T., Clapp, Decker, Larson; also Senators Anderson, Andrews--Concerning adminis-trative procedures relating to the activities of administrative law judges in the division of administrative hearings in the department of personnel, and, in connection therewith, transferring responsibility for conducting prehearing conferences in workers' compen-sation cases from the division of workers' compensation in the department of labor and employment to the division of administrative hearings, requiring the adoption of procedural rules governing hearings before such administrative law judges, and requiring the adoption of rules for the rotation of cases heard by such administrative law judges, and making an appropriation therefor.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared

passed

YES 56 NO 5 EXCUSED 4 ABSENT 0

Alexander Y

Allen N

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence E

Lee Y

Leyba Y

Mace Y

May E

McElhany Y

McKay N

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez N

Paschall N

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith E

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young E

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives

Coleman, Dean, Gagliardi, Gotlieb, Stengel, Tapia

SB00-095

by Senators Wattenberg, Powers, Chlouber; also Representatives George, Alexander, Coleman, Johnson, McElhany, Takis--Concerning patient access to eye care providers in a health coverage plan or managed care plan when eye care services are a covered benefit of such plan.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared

passed

YES 43 NO 18 EXCUSED 4 ABSENT 0

Alexander Y

Allen N

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke N

Coleman Y

Dean Y

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester N

King N

Larson Y

Lawrence E

Lee N

Leyba Y

Mace Y

May E

McElhany Y

McKay N

McPherson N

Miller Y

Mitchell N

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith E

Spence N

Spradley Y

Stengel N

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. N

Windels Y

Witwer N

Young E

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Bacon, Gordon, Leyba, Plant, Tate, Tochtrop

SB00-080

by Senator Perlmutter; also Representative Spradley--Concerning protections against unfair business practices.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared

passed

YES 61 NO 0 EXCUSED 4 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence E

Lee Y

Leyba Y

Mace Y

May E

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith E

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young E

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Clapp, Coleman, Gagliardi, Hagedorn, Kester, Leyba, Stengel, Tapia, Williams S

HB00-1069

by Representatives Smith, George, Larson, Young; also Senators Dennis, Chlouber, Dyer, Teck, Wattenberg--Concerning the deployment of remote weather systems, and, in connection therewith, making an appropriation.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared

passed

YES 53 NO 8 EXCUSED 4 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence E

Lee Y

Leyba Y

Mace Y

May E

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez N

Paschall Y

Pfiffner Y

Plant N

Ragsdale Y

Saliman N

Scott Y

Sinclair Y

Smith E

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young E

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Berry, Gagliardi, Kester, Mace, McKay, McPherson, Miller, Ragsdale, Scott, Sinclair, Stengel, Swenson, Taylor, Tochtrop, Webster, Zimmerman

HB00-1269

By Representatives Coleman, Dean, Kester, Miller, Takis, and Tochtrop; also Senator Epps--Concerning information technology access for individuals who are blind.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared

passed

YES 59 NO 2 EXCUSED 4 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker N

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence E

Lee Y

Leyba Y

Mace Y

May E

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall N

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith E

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young E

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Allen, Bacon, Chavez, Clarke, Decker, Gagliardi, Gordon, Keller, Larson, Mace, McElhany, Plant, Ragsdale, Tate, Tupa, Veiga, Vigil, Williams S., Windels, Witwer, Zimmerman

_______________

House in recess. House reconvened.
_______________

REPORTS OF COMMITTEE OF REFERENCE

APPROPRIATIONS

After consideration on the merits, the Committee recommends the following:

HB00-1076

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 4, line 12, strike "

submitted

" and substitute "

submitted, by November 1 of each year,

after line 16, insert the following:

SECTION 3. Appropriation - adjustment in 2000 long bill

. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of health care policy and financing, medical services administration, for the fiscal year beginning July 1, 2000, the sum of one hundred seventy-one thousand dollars ($171,000), or so much thereof as may be necessary, for the implementation of this act.

(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by one hundred seventy-one thousand dollars ($171,000).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by one hundred seventy-one thousand dollars ($171,000).".

Renumber succeeding section accordingly.

Page 1, line 102, strike "

women

." and substitute "

women, and making an appropriation in connection therewith

.".

HB00-1101

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Finance Committee Report, dated February 9, 2000, page 1, strike line 1 and substitute the following:

"Amend printed bill, page 10, line 16, after "(1)", insert "(a)".

Page 11, after line 3, insert the following:

"(b)

Each intergovernmental agreement submitted to the executive director pursuant to this subsection (1) shall be accompanied by a filing or service fee established by the executive director for the purpose of covering the reasonable and necessary expense to the department of local affairs attributable to administering this part 12. Moneys in the local growth impact fund established pursuant to such an agreement may be utilized to pay or to reimburse the parties to the agreement for payment of such fee.

line 20, strike "29-1-1203;

and

" and".

Page 2 of the Committee Report, after line 3, insert the following:

""(4)

The general assembly hereby finds and declares that the temporary state sales tax reduction authorized by subsection (1) of this section is a reasonable method of refunding a portion of the excess state revenues required to be refunded in accordance with section 20 (7) (

) of article X of the state constitution.

line 4 of the Committee Report, strike ""

SECTION

" and substitute "

SECTION

HB00-1331

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Strike the Judiciary Committee Report, dated February 15, 2000, and substitute the following:

"Amend printed bill, page 24, strike lines 22 through 26 and substitute the following:

SECTION 34. Appropriation - adjustment in 2000 long bill.

(1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of regulatory agencies, for the fiscal year beginning July 1, 2000, the sum of thirty-four thousand five hundred forty-two dollars ($34,542) and 0.5 FTE, or so much thereof as may be necessary, for the implementation of this act.

(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by thirty-four thousand five hundred forty-two dollars ($34,542).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by thirty-four thousand five hundred forty-two dollars ($34,542).".

Page 25, strike line 1.".

HB00-1361

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Finance Committee Report, dated February 16, 2000, page 1, line 6, strike "

accounts.

";" and substitute "

accounts.

".";

strike lines 7 and 8 of the report;

strike lines 14 and 15 of the report.

Page 3 of the report, after line 5, insert the following:

"Page 10, line 13, after "

2006,

", insert "

if, based on the financial report prepared by the controller in accordance with section 24-77-106.5, C.R.S., the controller certifies that the amount of state revenues for the state fiscal year ending in that income tax year exceeds the limitations on state fiscal year spending imposed by section 20 (7)

(a)

of article X of the state constitution and the voters statewide have either not authorized the state to retain and spend all of the excess state revenues or have authorized the state to retain and spend only a portion of the excess state revenues for that fiscal year,

line 16, strike "(2)" and substitute "(3)".";

strike line 10 of the report, and substitute the following:

interest or familial relationship.

(2) (a)

Any state income tax credit allowed pursuant to this section shall be published in rules promulgated by the executive director of the department of revenue in accordance with article 4 of title 24, C.R.S., and shall be included in income tax forms for that taxable year.

(b)

If one or more ballot questions that seek authorization for the state to retain and spend all or any portion of the amount of excess state revenues for the immediately preceding fiscal year are submitted to the voters at a statewide election to be held on or after January 1, 2000, the executive director of the department of revenue shall not publish rules containing any state income tax credit allowed pursuant to this section until such rules are able to reflect the impact of the results of such election on the state income tax credit allowed pursuant to this section.

(c)

The general assembly hereby finds, determines, and declares that the tax credit created in this section is a reasonable method of refunding excess state revenues.

Renumber succeeding subsections accordingly.

Page 11, line 4, strike "(4)" and substitute "(5)";";

line 11 of the report, strike ""(6)";" and substitute ""(7)";";

strike lines 22 and 23 of the report, and substitute the following:

"(I)

Securing post-secondary education, including but not

Page 4 of the report, line 18, strike "(5)" and substitute "(6)";

line 23 of the report, strike "(5)," and substitute "(6),".

_______________

MEMORANDUM
REPORT FROM THE SENATE AND HOUSE
COMMITTEES ON DELAYED BILLS

Pursuant to Joint Rule 23 (c), the House and Senate Committees on Delayed Bills, acting jointly, extend the following deadline for House Bill 00-1159, Concerning the Financing of Public Schools and Making an Appropriation in Connection Therewith:

The Friday, March 10 deadline (the 66

^th

legislative day) for final passage, including any conference committee report, for any bill prescribing all or a substantial portion of the total funding for public schools pursuant to the "Public School Finance Act of 1994", article 54 of title 22, Colorado Revised Statutes, is extended until March 24, 2000 (the 80

^th

legislative day).

This memorandum shall be printed in the journal of each house as is required by said Joint Rule 23(c).

(signed) (signed)

Russell George Ray Powers

Doug Dean Tom Blickensderfer

Ken Gordon Mike Feeley

______________

PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed:

HB00-1438 and 1439.

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed:

HB00-1172, 1324; SJR00-007.

______________

DELIVERY OF BILLS TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bills have been delivered to the Office of the Governor:

HB00-1028, 1036, 1038, 1046, 1058, 1077, 1088, 1091, 1137, 1190, 1191, 1211, 1218, 1266, 1292, 1307, 1325

at 1:45 p.m. on March 10, 2000.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has postponed indefinitely and returns herewith: HB00-1181, 1332, and 1363.

_________

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes:

SB00-186, amended as printed in Senate Journal, March 8, pages 546-552, March 9, pages 558-567, and on Third Reading as printed in Senate Journal, March 10.

_________

In response to the request of the House for a Conference Committee on HB00-1286, the President appointed Senators Chlouber, Chm., Wattenberg, and Dyer as members of the First Conference Committee on the part of the Senate.

_________

The Senate has passed on Third Reading and returns herewith HB00-1315.

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB00-021;

SB00-135, amended as printed in Senate Journal, March 10, page 578;

HB00-1139, amended as printed in Senate Journal, March 10, pages 575-577, and on Third Reading as printed in Senate Journal, March 13;

HB00-1267, amended as printed in Senate Journal, March 10, page 575;

HB00-1268, amended as printed in Senate Journal, March 10, pages 577-578 and 578-579;

HB00-1297, amended as printed in Senate Journal, March 10, page 578.

_______________

MESSAGES FROM THE REVISOR

We herewith transmit without comment, as amended, SB00-186.

_________

We herewith transmit without comment, SB00-021; and without comment, as amended, SB00-0-135, HB00-1139, 1267, 1268, and 1297.

______________

MESSAGE FROM THE GOVERNOR

I certify I received the following on the 10

^th

day of March, 2000, at 3:50 p.m. The original is on file in the records of the House of Representatives of the General Assembly.

Judith Rodrigue,

Chief Clerk of the House

March 10, 2000

To the Honorable

House of Representatives

Sixty-second General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

HB00-1073

Concerning The Definition Of “Cash Assistance” For Purposes Of The Colorado Works Program.

Approved March 10, 2000 at 8:27 a.m.

HB00-1075

Concerning The Replacement Of The Requirement That A Physician Direct, Supervise, And Set Protocol Of A Certified Nurse-Midwife With The Requirement That A Certified Nurse-Midwife Practice In Accordance With The Standards Of The American College Of Nurse-Midwives.

Approved March 10, 2000 at 11:44 a.m.

HB00-1113

Concerning The Perjury Exception For Statements Made By A Defendant Falsely Denying Guilt In A Previous Prosecution.

Approved March 10, 2000 at 11:40 a.m.

HB00-1176

Concerning A Prohibition On The Authority Of A Local Government To Regulate When Individuals May Conduct Religious Meetings On Private Residential Property.

Approved March 10, 2000 at 8:31 a.m.

Sincerely,

(signed)

Bill Owens

Governor

______________

INTRODUCTION OF BILLS
First Reading

The following bills were read by title and referred to the committees indicated:

HB00-1439

by Representatives Taylor, Scott; also Senator Wattenberg--Concerning the period of years for which an owner or operator of a producing mine may state an average figure for certain items that such owner or operator is required to specify in the annual statement filed with the county assessor for purposes of valuation for assessment of such mine.

Committee on Agriculture, Livestock, & Natural Resources

SB00-186

by Senator Anderson; also Representative Allen--Concerning education reform, and making an appropriation therefor.

Committee on Education

Committee on Appropriations

______________

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title and laid over one day under the rules:

HJR00-1014

By Representatives Lee, and King; also Senator Hillman--Concerning the year 2000 as Colorado's year of the family.

WHEREAS, The family is the backbone of American society and is the first to take care of a sick relative, to come to the rescue when a family member is in need, to care for children, and to look after the elderly; and

WHEREAS, Families ask for no special favors but do such acts naturally out of love, loyalty, and a commitment to each other; and

WHEREAS, Grandparents and other extended family members, foster parents, and others support parents in raising their children or take on parenting responsibilities themselves; and

WHEREAS, The erosion of the family unit is often cited as a contributing factor to America's moral and cultural crisis and families are under increasing pressure to survive; and

WHEREAS, The economic and social costs of family breakdown include increased poverty, crime, substance abuse, adolescent promiscuity and teenage pregnancies; and

WHEREAS, The family is facing additional pressures and undergoing many challenges due to today's economic realities, changes in information and technology, and exposure to violence in the media; and

WHEREAS, Nearly half of all marriages end in divorce, and marital conflict and dissolution of marriage can have a dramatically negative impact on family, and especially the children of a family facing these situations; and

WHEREAS, Studies have shown that those who grow up in loving and nurturing family environments, with both maternal and paternal role models, have a greatly reduced risk of dropping out of school, becoming juvenile delinquents, or using drugs and have the best chance of completing their education, finding meaningful employment, and establishing their own stable marriages and families; and

WHEREAS, Parents are responsible for the physical and spiritual growth and development of their children, and the provision of love and nurturing for a healthy, functioning family; and

WHEREAS, A primary component impacting children's futures is a quality parent-child relationship that will direct children in attaining a sense of purpose, sound psychological adjustment, self-discipline, academic achievement, enhanced social competence, and spiritual awareness; and

WHEREAS, Children are Colorado's most precious asset and each one deserves a chance at the best possible outcome; and

WHEREAS, There is a growing body of knowledge available to our citizens about familial relationships, relationship skills, assets, and values needed to create and maintain a healthy family in good times as well as those times in which a family faces challenges; and

WHEREAS, This information can be used as a valuable resource for making policy decisions regarding children, couples, and families; and

WHEREAS, The family is America's oldest and most precious institution; and

WHEREAS, The Governor of the state of Colorado has issued an Executive Order entitled, "Protection of Families Policy", that requires all departments of the state government to consider families as a factor in their decision-making and either to help families or, at a minimum, to "do no harm"; now, therefore,

Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado, the Senate concurring herein:

That we, the members of the General Assembly, proclaim the year 2000, The Year of the Family.

Be It Further Resolved,

That we, the members of the General Assembly, support the purpose of the Governor's Executive Order in ensuring that government action does not interfere with the formation and maintenance of healthy, nurturing families, but instead strengthens and supports families, and that we, the members of the General Assembly, shall strive to make policy decisions through the lens of the family in an attempt to advocate for the institution of the family.

_________

HJR00-1015

by Representatives Miller, Taylor, George, Alexander, Berry, Gagliardi, Hoppe, Johnson, Kaufman, Kester, Larson, Scott, Smith, Spradley, Tochtrop, Tool, Webster, Zimmerman; also Senators Chlouber, Dennis, Dyer, Hillman, Matsunaka, Owen, Reeves, Sullivant, Teck, Wattenberg--Concerning full funding of the federal "Payment in Lieu of Taxes Act".

WHEREAS, In 1976, the United States Congress enacted the Payment in Lieu of Taxes Act (hereinafter the "PILT program") that is administered by the United States Bureau of Land Management (hereinafter the "BLM") to compensate county governments for the tax-exempt nature of and costs associated with maintaining federal lands; and

WHEREAS, The PILT program provides payments to over 2,000 counties in 49 states to compensate for taxes lost through federal ownership of open space lands; and

WHEREAS, PILT program payments are intended to offset the cost of local government programs and services such as emergency search and rescue, law enforcement, fire and emergency medical services, solid waste disposal, road maintenance, and health and human services, all of which are necessary to support the vast system of national parks, national forests, fish and wildlife refuges, and reclamation areas; and

WHEREAS, Shared natural resource payments to counties from certain economic uses of federal lands are absolutely vital to the financial stability of many county governments and the importance of PILT program payments has increased dramatically as said natural resource payments to county governments decline; and

WHEREAS, While counties continue to rely on property taxes to fund the operation of local government, tax-exempt federal lands impose burdens on local governments that are inappropriately borne by county taxpayers; and

WHEREAS, Congress appropriates PILT program payments each year and the BLM allocates said payments according to a formula in the PILT program that includes population and the amount of federal land within an affected county; and

WHEREAS, Although the authorized amount of the PILT program is $309 million, the President's budget proposes $135 million for fiscal year 2001, an amount substantially short of authorized appropriation levels and substantially short of the revenue recognized if lands are taxed at equivalent levels; and

WHEREAS, Counties have lost significant value from their PILT program receipts because of consumer price increases over the last 24 years; and

WHEREAS, Counties containing public land and the Sixty-second General Assembly of the State of Colorado appreciate the increases that Congress has appropriated to the PILT program since the higher ceiling for PILT program payments was instituted through a revised formula in 1995; and

WHEREAS, The United States Congress is currently considering legislation that will increase the amount of PILT payments for fiscal year 2001; now, therefore,

Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado, the Senate concurring herein:

That the General Assembly urges the United States Congress to consider fully funding the PILT program for fiscal year 2001 to more accurately compensate counties for the burden of maintaining tax-exempt federal lands.

Be It Further Resolved

, That copies of this Joint Resolution be sent to the President of the United States, the Secretary of the Interior, the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of Colorado's delegation to the United States Congress.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until March 14, retaining place on Calendar:

Consideration of General Orders--

HB00-1420, SB00-035, 086, 067, 101, HB00-1417, SB00-055, HB00-1262, 1375, SB00-075, 187, 072, 103, 014, 171, 011, 093, HB00-1081, 1125, 1246, 1255, 1294, 1323, 1364, 1419, SB00-132, HB00-1083, SB00-039, 058, 138, 078, 160

Consideration of Resolutions--

HJR00-1008, SJR00-005, HJR00-1011, 1012, 1007, HR00-1011, 1012

Consideration of Senate Amendments--

HB00-1243, 1047, 1138, 1151, 1271, 1029, 1283

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., March 14, 2000.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk

LC: