Prayer by Father Ed Judy, Samaritan
House, Denver.
The Speaker called the House to order at 9:00
a.m.
The roll was called with the following result:
Present--60.
Absent and excused--Representatives June, Kreutz,
May, Tool, Tucker--5.
The Speaker declared a quorum present.
_______________
On motion of Representative Tate, the reading of the journal of April 2, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEES OF REFERENCE
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee
recommends the following:
HB98-1400 be postponed
indefinitely.
JUDICIARY
After consideration on the merits, the Committee
recommends the following:
HB98-1406 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 7, strike lines 13 through
25.
Renumber succeeding sections accordingly.
Page 8, line 8, strike ", OR";
strike line 9;
strike line 10 and substitute "AND SUCH GUARDIAN
AD LITEM";
line 11, strike "CASA VOLUNTEER";
line 14, strike "OR CASA VOLUNTEER".
Page 9, strike lines 5 through 16, and substitute
the following:
"SECTION 10. 193211 (1) (b),
Colorado Revised Statutes, is amended to read:
193211. Conflict resolution process
rules definitions. (1) (b) A
citizen review panel shall be created in each county and city
and county. ANY GROUP OF COUNTIES MAY JOINTLY ESTABLISH A CITIZEN
REVIEW PANEL. The members of such citizen review panel shall be
appointed by the governing body without influence from the state
department or the county department, be representative of the
community, have demonstrable personal or professional knowledge
and experience with children, and not be employees or agents of
the state department or any county department. At least one member
of the citizen review panel in each county and city and county
shall be the parent of a minor child at the time of his or her
appointment to serve on such panel.
SECTION 11. 264527
(1), Colorado Revised Statutes, is amended to read:
264527. Residential child health care
waiver program. (1) The
department of health care policy and financing, in cooperation
with the department of human services, shall implement a program
concerning residential child health care under this article to
provide services to medicaideligible children residing in
residential child care facilities, AS DEFINED IN SECTION 266102
(8), C.R.S., and children placed through county departments of
social services in licensed or certified outofhome
placement facilities in addition to residential child care facilities.
Children with developmental disabilities, as defined in section
2710.5102 (11), C.R.S., who are placed in such facilities
shall meet the outofhome placement criteria described
in section 191107, C.R.S., and shall be neglected
or dependent as described in section 193102, C.R.S.
The medical services board shall establish the type of rehabilitative
or medical assistance services to be provided under the program
as described in subsection (3) of this section, to the extent
such services are costefficient, and the recipient eligibility
criteria that may include, but are not limited to, a medical necessity
determination and a financial eligibility determination.
SECTION 12. 266102
(8), Colorado Revised Statutes, is amended to read:
266102. Definitions.
As used in this article, unless the context otherwise requires:
(8) "Residential child care facility"
means a facility licensed by the department pursuant to this part
1 to provide twentyfourhour group care and treatment
for five or more children operated under private, PUBLIC, or nonprofit
sponsorship. A residential child care facility may be eligible
for designation by the executive director of the department of
human services pursuant to article 10 of title 27, C.R.S.".
Renumber succeeding sections accordingly.
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB98-1014, 1021, 1065, 1081, 1086, 1101, 1103, 1105, 1110, 1170, 1204, 1274, 1297, 1332, 1363; HR98-1008; HJR98-1012; SB98-27, 87, 174; SJR98-12.
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB98-1407 by Representative Salaz--Concerning the funding for the prison inmate art fund.
Committee on State, Veterans, and Military Affairs.
HB98-1408 by Representative Entz; also Senator Ament--Concerning the handling of substances used in agricultural production.
Committee on Agriculture, Livestock and Natural Resources.
SB98-100 by Senator Ament; also Representative C. Berry--Concerning the specification of certain business property installed through real property as personal property for property tax purposes, and making an appropriation in connection therewith.
Committee on Finance.
Committee on Appropriations.
______________
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title and
laid over one day under the rules:
HJR98-1026 by Representatives
Morrison, Gordon, Saliman, Grossman, Gotlieb, Adkins, George,
Hagedorn, S. Johnson, Kaufman, McPherson, Smith, Tool, and T.
Williams--Concerning proclaiming the week of April 19-25, 1998,
as "Holocaust Awareness Week".
WHEREAS, Prejudice, bigotry, and hate have been the
cause of conflict, war, and mass atrocities throughout history;
and
WHEREAS, The American democratic system prevents
the gross misuse of power and prohibits a tyrant from gaining
the ability to exploit that power and permeate prejudice, bigotry,
and hatred into a society; and
WHEREAS, The Holocaust stemmed from the world's failure
to prevent Hitler and the Nazi Regime from bringing these evils
into society; and
WHEREAS, The Holocaust is the most defining event
of this century because of the universal mass destruction and
the attempted scientific genocide of an entire race; and
WHEREAS, In the Holocaust, the lives of millions
of humans were taken, including six million Jewish lives, and
1.5 million completely defenseless children were lost; and
WHEREAS, It is our duty to make the current generation
aware of the terror that occurred in the past generation so that
the current generation may never forget the morose lessons of
the past and never allow these evils to manifest themselves into
the world; and
WHEREAS, These lessons are becoming harder to teach
because more survivors are passing away and firsthand accounts
are becoming more scarce; and
WHEREAS, If we do nothing to teach the current generation
about our past, the current generation is bound to find itself
in similar situations; now, therefore,
Be It Resolved by the House of Representatives
of the Sixtyfirst General Assembly of the State of Colorado,
the Senate concurring herein:
That we, the members of the Colorado General Assembly, proclaim the week of April 19 through 25, 1998, as "Holocaust Awareness Week" and declare that the state should use this day to teach and remember the past.
_________
HJR98-1027 by Representative
Anderson; also Senator Norton--Concerning the designation of May
15, 1998, as Peace Officers'
Memorial Day and the week of May 10, 1998, as Police Week.
WHEREAS, The Congress and President of the United
States have designated May 15th as Peace Officers' Memorial Day
and the week in which it falls as Police Week; and
WHEREAS, The members of the law enforcement agencies
within the state of Colorado play an essential role in safeguarding
the rights and freedoms of the citizens of the state of Colorado;
and
WHEREAS, It is important that all citizens of Colorado
know and understand the problems, duties, and responsibilities
of their police officers; and
WHEREAS, It is important that police officers throughout
Colorado recognize their duty to serve the people of this state
by safeguarding life and property, protecting citizens against
violence, disorder, and deception, and protecting the weak against
oppression or intimidation; and
WHEREAS, The law enforcement agencies within the
state of Colorado have grown to be modern and progressive agencies
that unceasingly provide a vital public service; and
WHEREAS, It is fitting and appropriate for the citizens
of Colorado to join together in commemorating police officers,
past and present, who by their faithful and loyal devotion to
their responsibilities have rendered a dedicated service to their
community and, in doing so, have established for themselves an
enviable and enduring reputation for preserving the rights and
security of all citizens; now, therefore,
Be It Resolved by the House of Representatives
of the Sixtyfirst General Assembly of the State of Colorado,
the Senate concurring herein:
That we, the members of the General Assembly of the
state of Colorado, hereby proclaim the week commencing May 10,
1998, as Police Week in Colorado in recognition of police officers'
efforts in safeguarding the citizens of Colorado, and call upon
all citizens of the state and upon all patriotic, civic, and educational
organizations to observe Police Week.
Be it Further Resolved, That we, the members of the General Assembly of the state of Colorado, hereby proclaim the day of May 15, 1998, as Peace Officers' Memorial Day in recognition of those officers who, through their courageous deeds, have made the supreme sacrifice or who have been disabled in the line of duty, and call upon the citizens of Colorado to recognize and participate in the observance of this worthy occasion.
_________
HJR98-1028 by Representative
Pfiffner--Concerning the expression of regret for the murder of
Oumar Dia.
WHEREAS, For generations, people from around the
world have sought to escape from poverty, racism, religious persecution,
and other evils by fleeing their native lands and immigrating
to the United States and the State of Colorado to pursue the American
dream of freedom, equality, and economic prosperity; and
WHEREAS, In pursuing their dreams of a better life,
these immigrants have made immeasurable contributions to the culture
and economy of the United States and the State of Colorado and
have played a large part in making the United States and the State
of Colorado the great places that they are today; and
WHEREAS, Oumar Dia was forced to leave his native
land of Mauritania and to move to Senegal because of racism; and
WHEREAS, Oumar Dia emigrated from Senegal to the
United States and the State of Colorado to pursue the American
dream of a better life for himself and his family; and
WHEREAS, Oumar Dia worked tirelessly as a housekeeper
at a Denver hotel and used public transportation to save money
in order to support his wife and three children in Senegal and
eventually bring them to the United States; and
WHEREAS, Oumar Dia's dream of a better life in the
United States was shattered on November 18, 1997, when he was
murdered while waiting for a bus at the corner of 17th Street
and Welton Avenue in downtown Denver; and
WHEREAS, The men who murdered Oumar Dia yelled racial
epithets at him and attempted to terrify and humiliate him before
murdering him; and
WHEREAS, The men who murdered Oumar Dia also shot
Jeannie VanVelkinburgh, leaving her permanently paralyzed below
the waist, when she tried to help Oumar Dia; and
WHEREAS, The men who murdered Oumar Dia were motivated
solely by racism; and
WHEREAS, The murder of Oumar Dia was a senseless
and despicable act, and his death is a tragedy for his family,
his friends, the State of Colorado, and the United States; now,
therefore,
Be It Resolved by the House of Representatives
of the Sixtyfirst General Assembly of the State of Colorado,
the Senate concurring herein:
That we, the members of the Sixtyfirst General
Assembly, are horrified and angered by the senseless, despicable,
and tragic murder of Oumar Dia.
Be It Further Resolved,
That we express our deepest regret and sorrow for the death of
Oumar Dia.
Be It Further Resolved,
That we condemn, with all of our hearts and souls, the murder
of Oumar Dia and the despicable, racist, and immoral beliefs that
motivated it.
Be It Further Resolved, That copies of this Joint Resolution be hand delivered to Oumar Dia's wife and children in Diorbivol, Senegal, if arrangements for such hand delivery can be made with the United States Department of State. If such arrangements cannot be made, copies of this Joint Resolution shall be sent by mail.
______________
APPOINTMENTS TO CONFERENCE COMMITTEES
The Speaker appointed House conferees to the First
Conference Committees as follows:
HB98-1062--Representatives Paschall, Chairman, Dean, Dyer
HB98-1207--Representatives Lawrence, Chairman, McPherson, Reeser
HB98-1224--Representatives Lawrence, Chairman, Kaufman, Grossman
_________
Pursuant to a request from the Senate, the Speaker
appointed House conferees to the First Conference Committee as
follows:
SB98-35--Representatives Swenson, Chairman, Kaufman, June
SB98-36--Representatives Epps, Chairman, George, Leyba
SB98-76--Representatives Lawrence, Chairman, Arrington, Reeser
SB98-137--Representatives Adkins, Chairman, Kaufman, Veiga
SB98-159--Representatives George, Chairman, Smith, Miller
______________
CONSENT GRANTED TO CONFERENCE COMMITTEE
Representative Adkins moved that the First Conference
Committee on SB98-137 be granted permission to go beyond
the scope of the difference between the House and the Senate.
The motion was passed by the following roll call vote:
YES 59 NO 0 EXCUSED 6 ABSENT 0
| Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon Y Gotlieb Y Grampsas Y Grossman Y Hagedorn Y Hefley Y Johnson Y June E Kaufman Y Keller Y Kreutz E Lawrence Y Leyba Y Mace Y May E McElhany Y | McPherson E Miller Y Morrison Y Musgrave Y Nichol Y Owen Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson Y Takis Y Tate Y Taylor Y Tool E Tucker E Tupa Y Udall Y Veiga Y Williams, S. Y Williams, T. Y Young Y Zimmerman Y Mr. Speaker Y |
________________
On motion of Representative Agler, the House resolved itself into Committee of the Whole for consideration of General Orders, and she was called to the Chair to act as Chairman.
________________
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman
reported the titles of the following bills had been read (reading
at length had been dispensed with by unanimous consent), the bills
considered and action taken thereon as follows:
(Amendments to the committee amendment are to the
printed committee report which was printed and placed in the members'
bill file.)
HB98-1334 by Representatives
Hagedorn, Tool, and Morrison; also Senator Hopper-- Concerning
the imposition of increased penalties for persons who commit multiple
alcohol-related driving offenses, and, in connection therewith,
enacting the "Persistent Drinking Driver Act of 1998"
and making an appropriation.
Amendment No. 1, Health,
Environment, Welfare and Institutions Report, dated February 11,
1998, and placed in member's
bill file; Report also printed in House Journal, February 13,
pages 485-486.
Amendment No. 2, Appropriations
Report, dated March 27, 1998, and placed in member's
bill file; Report also printed in House Journal, March 27, pages
1093-1094].
Amendment No. 3, by Representative
Hagedorn.
Amend the Health, Environment, Welfare, and Institutions
Committee Report, dated February 11, 1998, page 1, line 10, strike
"DRUNK"." and substitute "DRUNK";";
after line 10 of the committee report, insert the
following:
"line 25 of the printed bill, after "VEHICLE",
insert "BY THE SAME DRIVER".".
Page 2 of the committee report, line 12, strike "DRUNK"."
and substitute "DRUNK";";
after line 12 of the committee report, insert the
following:
"strike lines 23 through 26 of the printed bill,
and substitute the following:
"(1.5) (a) WHENEVER THE DIRECTOR
REVOKES THE LICENSE OF A PERSON UNDER SECTION 422126
(2) (a) (I), (2) (a) (II), OR (2) (a) (III) FOR A SECOND OR SUBSEQUENT
OFFENSE AND SUCH PERSON WAS DRIVING THE SAME VEHICLE IN TWO OR
MORE OF SUCH OFFENSES BUT DID NOT OWN SUCH VEHICLE, THE DIRECTOR
SHALL";
Page 12 of the printed bill, strike line 6, and substitute
the following:
"VIOLATIONS WHILE OPERATING THE OWNER'S VEHICLE;".".
Amendment No. 4, by Representative
Hagedorn.
Amend the Health, Environment, Welfare, and Institutions
Committee Report, dated February 11, 1998, page 2, line 3, strike
"OF"
line 4, strike "THE DEPARTMENT OF TRANSPORTATION";
line 7, strike "DRIVING."." and substitute "DRIVING. THE DEPARTMENTS OF TRANSPORTATION, REVENUE, AND HUMAN SERVICES SHALL COORDINATE PROGRAMS INTENDED TO ACCOMPLISH SUCH GOALS.".".
Amendment No. 5, by Representative
Pfiffner.
Amend the Heath, Environment, Welfare, and Institutions
Committee Report, dated February 11, 1998, page 1, line 13, strike
""DRUNK"." and substitute ""DRUNK";";
after line 13 of the committee report, insert the
following:
"line 10 of the printed bill, strike "RESEMBLE"
and substitute "BE DISSIMILAR TO".".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
SB98-142 by Senators
Wattenberg, Dennis, and Phillips; also Representatives Schauer,
Adkins, George, Hagedorn, Kaufman, Taylor, and Tool--Concerning
the reduction of air pollutant emissions, and, in connection therewith,
providing for the voluntary reduction of stationary source emissions
and recovery of emission reduction costs.
Laid over until April 6, retaining place on Calendar.
On motion of Representative Anderson, consideration of SB98-8 was laid over until April 6, retaining place on Calendar.
_______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representative Schauer moved to amend the Report
of the Committee of the Whole to show that the following Schauer
amendment, to the Business Affairs and Labor Committee Report
dated March 19, 1998, to SB98142, did pass, and that
SB98142 is laid over until Monday, April 6,
1998.
Amend the Business Affairs and Labor Committee Report,
dated March 19, 1998, page 1, strike lines 15 through 18.
Page 2, strike lines 1 through 9 and substitute the
following:
"Page 15, strike line 13 and substitute the
following:
"EFFECTIVE DATE OF THIS ARTICLE EXCEPT AS
PROVIDED IN SUBSECTION (7) OF THIS SECTION.".
Page 16, after line 22, insert the following:
"(7) (a) IF A PUBLIC UTILITY'S
WHOLESALE SALES ARE SUBJECT TO REGULATION BY THE FEDERAL ENERGY
REGULATORY COMMISSION AND THE PUBLIC UTILITY SELLS POWER ON THE
WHOLESALE MARKET FROM GENERATING FACILITIES THAT ARE SUBJECT TO
A VOLUNTARY AGREEMENT UNDER PART 12 OF ARTICLE 7 OF TITLE 25,
C.R.S., THE PUBLIC UTILITIES COMMISSION SHALL DETERMINE WHETHER
TO ASSIGN A PORTION OF THE AIR QUALITY IMPROVEMENT COSTS TO BE
RECOVERED FROM THE PUBLIC UTILITY'S WHOLESALE CUSTOMERS. THE PUBLIC
UTILITIES COMMISSION MAY ASSIGN A PORTION OF THE AIR QUALITY IMPROVEMENT
COSTS TO THE PUBLIC UTILITY'S WHOLESALE CUSTOMERS TO THE EXTENT
THAT SUCH PORTION OF SUCH COST RECOVERY DOES NOT CONFLICT WITH
THE PUBLIC UTILITY'S WHOLESALE CONTRACTS ENTERED INTO PRIOR TO
APRIL 1, 1998.
(b) IF THE PUBLIC UTILITIES COMMISSION
ASSIGNS A PORTION OF THE PUBLIC UTILITY'S AIR QUALITY IMPROVEMENT
COSTS TO BE RECOVERED FROM THE PUBLIC UTILITY'S WHOLESALE CUSTOMERS,
THE PUBLIC UTILITY MAY APPLY TO THE FEDERAL ENERGY REGULATORY
COMMISSION FOR RECOVERY, EFFECTIVE ON THE DATE OF FILING, OF THE
PORTION OF COSTS ASSIGNED TO THE PUBLIC UTILITY'S WHOLESALE CUSTOMERS.
THE PUBLIC UTILITIES COMMISSION SHALL PERMIT THE PUBLIC UTILITY
TO RECOVER THE PORTION OF COSTS ASSIGNED TO THE PUBLIC UTILITY'S
WHOLESALE CUSTOMERS FROM ITS RETAIL CUSTOMERS PENDING THE FEDERAL
ENERGY REGULATORY COMMISSION'S APPROVAL OF RECOVERY FROM THE PUBLIC
UTILITY'S WHOLESALE CUSTOMERS.
(c) NOTWITHSTANDING PARAGRAPH (b) OF THIS
SUBSECTION (7), IF THE PUBLIC UTILITY FAILS TO APPLY TO THE FEDERAL
ENERGY REGULATORY COMMISSION WITHIN SIX MONTHS AFTER THE PUBLIC
UTILITIES COMMISSION'S FINAL ORDER ASSIGNING A PORTION OF THE
AIR QUALITY IMPROVEMENT COSTS TO THE PUBLIC UTILITY'S WHOLESALE
CUSTOMERS OR FAILS TO MAKE A DILIGENT, GOOD FAITH EFFORT TO PERSUADE
THE FEDERAL ENERGY REGULATORY COMMISSION TO APPROVE THE COST RECOVERY
FROM THE PUBLIC UTILITY'S WHOLESALE CUSTOMERS, THE PUBLIC UTILITY
SHALL NOT BE ENTITLED TO RECOVER SAID PORTION OF THE COSTS FROM
ITS RETAIL CUSTOMERS.
(d) ALL REVENUES THAT A PUBLIC UTILITY
RECEIVES FROM ITS WHOLESALE CUSTOMERS FOR AIR QUALITY IMPROVEMENT
COSTS SHALL BE CREDITED AS AN OFFSET TO THE AIR QUALITY IMPROVEMENT
COSTS CHARGED TO THE PUBLIC UTILITY'S RETAIL CUSTOMERS.".".
The amendment was declared passed by the following
roll call vote:
YES 38 NO 22 EXCUSED 5 ABSENT 0
| Adkins N Agler N Alexander Y Allen N Anderson Y Arrington N Bacon Y Berry, G. N Chavez Y Clarke Y Dean N Dyer Y Entz Y Epps N Faatz Y George Y | Gordon Y Gotlieb Y Grampsas Y Grossman Y Hagedorn N Hefley N Johnson Y June E Kaufman Y Keller Y Kreutz E Lawrence N Leyba Y Mace Y May E McElhany N | McPherson N Miller Y Morrison Y Musgrave N Nichol Y Owen Y Pankey N Paschall N Pfiffner N Reeser Y Romero Y Salaz N Saliman Y Schauer Y Sinclair Y Smith Y | Snyder Y Spradley N Sullivant N Swenson Y Takis Y Tate Y Taylor N Tool E Tucker E Tupa Y Udall Y Veiga Y Williams, S. Y Williams, T. N Young N Zimmerman Y Mr. Speaker Y |
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB98-1334 amended.
Laid over until date indicated retaining place on Calendar:
SB98-142, 8--April 6,
1998.
The Chairman moved the adoption of the Committee
of the Whole Report. As shown by the following roll call vote,
a majority of those elected to the House voted in the affirmative,
and the Report was adopted.
YES 60 NO 0 EXCUSED 5 ABSENT 0
| Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon Y Gotlieb Y Grampsas Y Grossman Y Hagedorn Y Hefley Y Johnson Y June E Kaufman Y Keller Y Kreutz E Lawrence Y Leyba Y Mace Y May E McElhany Y | McPherson Y Miller Y Morrison Y Musgrave Y Nichol Y Owen Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson Y Takis Y Tate Y Taylor Y Tool E Tucker E Tupa Y Udall Y Veiga Y Williams, S. Y Williams, T. Y Young Y Zimmerman Y Mr. Speaker Y |
______________
CONSIDERATION OF CONFERENCE COMMITTEE REPORT
HB98-1149 by Representatives
Morrison, Epps, Sinclair, Snyder, and Tool; also Senator Wham--Concerning
the creation of the Colorado health care task force, and, in connection
therewith, abolishing the joint review committee for the medically
indigent and the medical assistance reform advisory committee
and replacing such committees with the Colorado health care task
force.
(Conference Committee Report printed in House Journal
March 27, pages 1075-1076.)
The Conference Committee Report was adopted
by the following roll call vote:
YES 36 NO 24 EXCUSED 5 ABSENT 0
| Adkins Y Agler Y Alexander Y Allen YAnderson Y Arrington Y Bacon N Berry, G. Y Chavez N Clarke N Dean Y Dyer N Entz Y Epps Y Faatz Y George Y | Gordon N Gotlieb Y Grampsas Y Grossman N Hagedorn N Hefley Y Johnson Y June E Kaufman Y Keller N Kreutz E Lawrence Y Leyba N Mace N May E McElhany Y | McPherson Y Miller N Morrison Y Musgrave Y Nichol N Owen Y Pankey Y Paschall Y Pfiffner Y Reeser N Romero N Salaz Y Saliman N Schauer Y Sinclair Y Smith Y | Snyder N Spradley Y Sullivant Y Swenson Y Takis N Tate N Taylor Y Tool E Tucker E Tupa N Udall N Veiga N Williams, S. N Williams, T. N Young Y Zimmerman N Mr. Speaker Y |
The question being "Shall the bill, as amended, 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, as amended, was declared repassed.
YES 44 NO 16 EXCUSED 5 ABSENT 0
| Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon N Berry, G. Y Chavez N Clarke N Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon N Gotlieb Y Grampsas Y Grossman Y Hagedorn Y Hefley Y Johnson Y June E Kaufman Y Keller Y Kreutz E Lawrence Y Leyba Y Mace N May E McElhany Y | McPherson Y Miller Y Morrison Y Musgrave Y Nichol N Owen Y Pankey Y Paschall Y Pfiffner Y Reeser N Romero N Salaz Y Saliman N Schauer Y Sinclair Y Smith Y | Snyder N Spradley Y Sullivant Y Swenson Y Takis N Tate N Taylor Y Tool E Tucker E Tupa N Udall N Veiga Y Williams, S. N Williams, T. Y Young Y Zimmerman N Mr. Speaker Y |
Representative Snyder requested her name be removed as sponsor.
Co-sponsor added: Representative Johnson.
_______________
RECALL OF SB98-49
Representative Anderson moved for recall of SB98-49 for purpose of reconsideration. The motion passed by unanimous consent. The bill was ordered recalled.
______________
NOTICE OF INTENT TO RECONSIDER SB98-49
Having voted on the prevailing side, Representative Anderson served notice of intent to reconsider the last House action (passage on Third Reading) on SB98-49.
______________
CONSIDERATION OF RESOLUTION
HJR98-1018 by Representatives
Hagedorn, Agler, Clarke, May, and Tate; also Senators Schroeder,
B. Alexander, Ament, Matsunaka, Wattenberg, Wells, and Wham--Concerning
Taxation of Internet Services.
(Printed and placed in member's
files; also printed in House Journal, March 17, pages 931-933.)
On motion of Representative Hagedorn, the resolution
was adopted by the following roll call vote:
YES 59 NO 0 EXCUSED 6 ABSENT 0
Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon Y Gotlieb Y Grampsas Y Grossman Y Hagedorn Y Hefley Y Johnson Y June E Kaufman Y Keller Y Kreutz E Lawrence Y Leyba Y Mace Y May E McElhany Y | McPherson Y Miller Y Morrison Y Musgrave Y Nichol Y Owen Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer E Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson Y Takis Y Tate Y Taylor Y Tool E Tucker E Tupa Y Udall Y Veiga Y Williams, S. Y Williams, T. Y Young Y Zimmerman Y Mr. Speaker Y | ||||
Co-sponsors added: Representatives Nichol, Owen, Mr. Speaker.
_______________
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS
HB98-1140 by Representatives
C. Berry and Dyer; also Senator Norton--Concerning the reestablishment
of an exclusive schedule for permanent partial disability, and,
in connection therewith, increasing the amount of benefits received
under the schedule and limiting benefits for mental stress.
(Amended as printed in Senate Journal, March 27,
page 622.)
Representative C.Berry moved that the House concur
in Senate amend-ments. The motion was declared passed by
the following roll call vote:
YES 47 NO 13 EXCUSED 5 ABSENT 0
Adkins Y Agler Y Alexander YAllen Y Anderson Y Arrington Y Bacon N Berry, G. Y Chavez Y Clarke N Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon N Gotlieb Y Grampsas Y Grossman Y Hagedorn Y Hefley Y Johnson Y June E Kaufman Y Keller Y Kreutz E Lawrence Y Leyba Y Mace N May E McElhany Y | McPherson Y Miller Y Morrison Y Musgrave Y Nichol N Owen Y Pankey Y Paschall Y Pfiffner Y Reeser N Romero N Salaz Y Saliman N Schauer Y Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson Y Takis N Tate N Taylor Y Tool E Tucker E Tupa N Udall Y Veiga Y Williams, S. N Williams, T. Y Young Y Zimmerman N Mr. Speaker Y | ||||
The question being, "Shall the bill, as amended, 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, as amended, was declared repassed.
YES 39 NO 21 EXCUSED 5 ABSENT 0
| Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon N Berry, G. Y Chavez N Clarke N Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon N Gotlieb Y Grampsas Y Grossman N Hagedorn N Hefley Y Johnson Y June E Kaufman Y Keller N Kreutz E Lawrence Y Leyba N Mace N May E McElhany Y | McPherson Y Miller Y Morrison Y Musgrave Y Nichol N Owen Y Pankey Y Paschall Y Pfiffner Y Reeser N Romero N Salaz Y Saliman N Schauer Y Sinclair Y Smith Y | Snyder N Spradley Y Sullivant Y Swenson Y Takis N Tate N Taylor Y Tool E Tucker E Tupa N Udall N Veiga N Williams, S. N Williams, T. Y Young Y Zimmerman N Mr. Speaker Y |
Co-sponsor added: Representative Young.
HB98-1165 by Representative
Musgrave; also Senator Ament--Concerning a change
in state income tax policy to encourage donations of food to qualified
nonprofit organizations that provide food to needy individuals
free of charge.
(Amended as printed in Senate Journal, March 30,
page 649 and 651.)
Representative Musgrave moved that the House concur in Senate amend-ments. The motion was declared passed by the following roll call vote:
YES 59 NO 1 EXCUSED 5 ABSENT 0
Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon Y Gotlieb Y Grampsas Y Grossman Y Hagedorn Y Hefley Y Johnson Y June E Kaufman Y Keller Y Kreutz E Lawrence Y Leyba Y Mace Y May E McElhany Y | McPherson Y Miller Y Morrison Y Musgrave Y Nichol Y Owen Y Pankey Y Paschall Y Pfiffner N Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson Y Takis Y Tate Y Taylor Y Tool E Tucker E Tupa Y Udall Y Veiga Y Williams, S. Y Williams, T. Y Young Y Zimmerman Y Mr. Speaker Y |
The question being, "Shall the bill, as amended, 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, as amended, was declared repassed.
YES 40 NO 20 EXCUSED 5 ABSENT 0
Adkins N Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon N Berry, G. Y Chavez N Clarke N Dean Y Dyer Y Entz Y Epps Y Faatz N George Y | Gordon N Gotlieb Y Grampsas Y Grossman N Hagedorn Y Hefley Y Johnson Y June E Kaufman Y Keller Y Kreutz E Lawrence Y Leyba N Mace N May E McElhany Y | McPherson N Miller Y Morrison Y Musgrave Y Nichol Y Owen Y Pankey Y Paschall Y Pfiffner N Reeser Y Romero N Salaz Y Saliman N Schauer Y Sinclair Y Smith Y | Snyder N Spradley Y Sullivant Y Swenson Y Takis N Tate N Taylor Y Tool E Tucker E Tupa N Udall N Veiga N Williams, S. Y Williams, T. Y Young Y Zimmerman N Mr. Speaker Y | ||||
HB98-1200 by Representative
Taylor; also Senator Wattenberg--Concerning the creation of local
marketing districts.
(Amended as printed in Senate Journal, March 24,
pages 547-548 and 552-553.)
Representative Taylor moved that the House not concur in Senate amendments and that a Conference Committee be appointed. The motion was declared passed by the following roll call vote:
YES 60 NO 0 EXCUSED 5 ABSENT 0
Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon Y Gotlieb Y Grampsas Y Grossman Y Hagedorn Y Hefley Y Johnson Y June E Kaufman Y Keller Y Kreutz E Lawrence Y Leyba Y Mace Y May E McElhany Y | McPherson Y Miller Y Morrison Y Musgrave Y Nichol Y Owen Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson Y Takis Y Tate Y Taylor Y Tool E Tucker E Tupa Y Udall Y Veiga Y Williams, S. Y Williams, T. Y Young Y Zimmerman Y Mr. Speaker Y | ||||
The Speaker appointed Representatives Taylor, Chairman, George and Miller as House conferees to the bill.
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
In response to the request from the House for the recall of SB98-49, the bill is transmitted herewith.
The Senate granted permission to members of the First Conference Committee on HB98-1015 to consider matters not at issue between the two houses.
______________
MESSAGE FROM THE GOVERNOR
I certify I received the following on the 3rd day of April, 1998, at 10:40 a.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
April 3, 1998
To the Honorable
Colorado House of Representatives
Sixty-first 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:
H.B. 98-1026 Concerning the theft of public transportation
systems.
Approved April 2, 1998 at 5:23 p.m.
H.B. 98- 1055 Concerning discovery in workers'
compensation claims.
Approved April 2, 1998 at 5:24 p.m.
H.B. 98- 1064 Concerning an increase in the amount
of fee retained when collecting motor vehicle registration fees.
Approved March 30, 1998 at 9:40 a.m.
H.B. 98-1253 Concerning the payment of claims against
any county.
Approved April 2, 1998 at 5:25 p.m.
H.B. 98-1283 Concerning an exception to the definition
of a "spurious
lien"
for liens imposed by a home rule municipality.
Approved April 2, 1998 at 5:26 p.m.
H.B. 98-1328 Concerning additional restrictions on
activities by minors related to tobacco.
Approved April 2, 1998 at 5:26 p.m.
Sincerely,
(signed)
Roy Romer
Governor
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB98-1409 by Representative S. Johnson; also Senators Dennis and Bishop--Concerning the creation of a wildlife management public education advisory council.
Committee on Agriculture, Livestock and Natural Resources.
HB98-1410 by Representatives Taylor, Miller, Dean, K. Alexander, Bacon, C. Berry, G. Berry, Clarke, Dyer, Entz, George, Gordon, Gotlieb, Grossman, Hagedorn, Hefley, S. Johnson, Kaufman, Leyba, Mace, McPherson, Morrison, Reeser, Salaz, Schauer, Sinclair, Smith, Spradley, Sullivant, Swenson, Takis, Udall, Veiga, S. Williams, and Zimmerman--Concerning authorization for the expenditure of moneys from the department of state cash fund by the Colorado tourism board during the 1998-99 fiscal year.
Committee on Business Affairs and Labor.
______________
INTRODUCTION OF CONCURRENT RESOLUTION
The following resolution was read by title and referred
to the committee indicated:
HCR98-1008 by Representatives Kaufman, Dyer, Entz, George, Morrison, Owen, Reeser, and Taylor; also Senators Wattenberg, B. Alexander, Ament, Bishop, Dennis, and Rizzuto--Submitting to the registered electors of the state of Colorado an amendment to article XI of the constitution of the state of Colorado, authorizing a county, city, town, township, or special district to provide any lawfully authorized health care function, service, or facility in joint ownership or other arrangement with any person or company, public or private, without incurring debt and without pledging its credit or faith; requiring any county, city, town, township, or special district entering into such joint ownership or other arrangement to own its just proportion; and providing that any such entity or relationship established for such purpose shall not be deemed a political subdivision, local government, or local public body for any purpose.
Committee on Health, Environment, Welfare and Institutions.
______________
INTRODUCTION OF RESOLUTION
The following resolution was read by title and laid
over one day under the rules:
HJR98-1029 by Representatives
Lawrence and Kreutz; also Senator Dennis--Concerning the 150th
Anniversary of Women's
suffrage.
WHEREAS, 1998 will mark the 150th anniversary of
the Women's Rights Movement in the United States, a bold and courageous
civil rights movement that began in 1848 in Seneca Falls, New
York, at the first Women's Rights Convention ever held; and
WHEREAS, The Declaration of Sentiments issued as
a result of the first Women's
Rights Convention represents a work as fundamental to our nation's
commitment to liberty and personal freedom as does our Declaration
of Independence; and
WHEREAS, The Declaration of Sentiments launched a
movement that has changed this nation and the hopes of its women
irrevocably; and
WHEREAS, The resulting Women's Rights Movement has
had a profound and undeniable impact on all aspects of American
life and has opened new and welldeserved opportunities for
women in all fields of endeavor, including, among others, commerce,
athletics, business, education, religion, the arts, and scientific
exploration; and
WHEREAS, The full history of this century and a half
of efforts now spanning seven generations of unceasing work to
achieve equality for fully half the American population still,
regrettably, remains unknown and unrecognized by most of our nation's
citizens; and
WHEREAS, The girls and boys of today, together, have
lives far richer and far fairer as a direct result of the Women's
Rights Movement, yet they have scant opportunity to know the heroes,
heroines, and lessons of this vital movement through the textbooks
of most classrooms; and
WHEREAS, The twentyfirst century will find
an everincreasing need for both women and men to share in
the fundamental responsibilities for our national life and the
blessings that must result from full and equal participation in
society; and
WHEREAS, There still remain substantial barriers
to the full equality of America's women before our freedom as
a Nation can be called complete; now, therefore,
Be It Resolved by the House of Representatives
of the Sixtyfirst General Assembly of the State of Colorado,
the Senate concurring herein:
That 1998 will be widely recognized and celebrated
as the 150th anniversary of the Women's Rights Movement under
the national theme, "Living the Legacy: Women's Rights Movement
18481998".
Be It Further Resolved, That we, the members of the Colorado General Assembly, hereby call on all educators, government officials, businesses, and all citizens to mark this year of celebration with appropriate programs, ceremonies, and activities that will remember with gratitude those who have contributed to the nation we were envisioned and created to be, where all have by right a position of equality, fairness, justice, and freedom in the democratic society of the United States of America.
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Anderson, the following
items on the Calendar were laid over until April 6, retaining
place on Calendar:
Consideration of Resolutions--HJR98-1009, 1011, 1021, HR981007, HJR98-1023, 1020.
Consideration of Senate Amendments--HB98-1012, 1188, 1312, 1128.
_______________
On motion of Representative Anderson, the House adjourned
until 10:00 a.m., April 6, 1998.
Approved:
CHARLES E. BERRY,
Attest: Speaker
JUDITH RODRIGUE,
Chief Clerk