This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

HOUSE JOURNAL

SIXTY-FIRST GENERAL ASSEMBLY

STATE OF COLORADO

Second Regular Session

Ninetieth Legislative Day Monday, April 6, 1998

Prayer by the Reverend Bob Hayes, Englewood Bible Church.

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

The roll was called with the following result:

Present--62.

Absent and excused--Representatives Allen, June, Romero--3.

Present after roll call--Representative Romero.

The Speaker declared a quorum present.

_______________

On motion of Representative Udall, the reading of the journal of April 3, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

______________

PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB98-1407, 1408, 1409, and 1410; also HCR98-1008.

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB98-1079, 1131, 1179; SB98-7, 46, 51, 118, 124, 128, 173.

______________

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: HB98-1014, 1021, 1081, 1086, 1101, 1103, 1105, 1110, 1170, 1204, 1274, 1297, 1332, and 1363 at 4:41 p.m. on April 3, 1998.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

In response to the request of the House for a Conference Committee on

HB98-1062, the President appointed Senators Arnold, Chm., Congrove, and Rizzuto as members of the First Conference Committee on the part of the Senate.

In response to the request of the House for a Conference Committee on

HB98-1207, the President appointed Senators Mutzebaugh, Chm., Ament, and Perlmutter as members of the First Conference Committee on the part of the Senate.

In response to the request of the House for a Conference Committee on

HB98-1224, the President appointed Senators Arnold, Chm., Ament, and Perlmutter as members of the First Conference Committee on the part of the Senate.

In response to the request of the House for a Conference Committee on

HB98-1200, the President appointed Senators Wattenberg, Chm., Bishop, and Reeves as members of the First Conference Committee on the part of the Senate.

The Senate has postponed indefinitely and returns herewith: HB98­1100.

______________

INTRODUCTION OF BILL

First Reading

The following bill was read by title and referred to the committee indicated:

HB98-1411 by Representative McElhany, Allen, C. Berry, Dean, Dyer, Epps, Gotlieb, Hefley, June, Kaufman, Lawrence, Mace, May, Morrison, Sinclair, Swenson, Veiga and S. Williams--Concerning establishment of a United States olympic committee special license plate.

Committee on Transportation and Energy.

_______________

APPOINTMENTS TO CONFERENCE COMMITTEES

The Speaker appointed House conferees to the First Conference Committees as follows:

HB98-1305--Representatives George, Chairman, Gotlieb and Grossman

Pursuant to a request from the Senate:

SB98-133--Representatives Faatz, Chairman, Snyder and Kaufman

_______________

THIRD READING OF BILL--FINAL PASSAGE

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

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 Drunk Driver Act of 1998" and 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 52 NO 11 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen E

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 N

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson N

June E

Kaufman Y

Keller Y

Kreutz N

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany N


McPherson N

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen N

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz N

Saliman Y

Schauer N

Sinclair N

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. N

Young N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Epps, Leyba, Sullivant, Tupa.

______________

CONSENT GRANTED TO CONFERENCE COMMITTEE

Representative Clarke moved that the First Conference Committee on HB98-1293 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 63 NO 0 EXCUSED 2 ABSENT 0



Adkins Y

Agler Y

Alexander Y

Allen E

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps YFaatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June E

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

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 Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

________________

On motion of Representative McElhany, the House resolved itself into Committee of the Whole for consideration of General Orders, and he 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.)

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.

Amendment No. 1, Business Affairs Report, dated March 19, 1998, and placed in member's bill file; Report also printed in House Journal, March 20, pages 978-979.

Amendment No. 2, by Representative Schauer was adopted April 3 (printed in House Journal page 1191, lines 31-56; page 1192, lines 1-32).

Amendment No. 3, by Representative Pfiffner.

Amend reengrossed bill, page 15, line 18, after the period, insert the following:

"TO ACCOUNT FOR THE TIMING DIFFERENCES BETWEEN VARIOUS COSTS AND REVENUE RECOVERY, LIFE­CYCLE COSTS SHALL BE CALCULATED USING NET PRESENT VALUE ANALYSIS.".

Amendment No. 4, by Representative Spradley.

Amend reengrossed bill, page 15, line 9, strike "SHALL" and substitute "MAY";

line 11, after "INCURS", insert "PRIOR TO JANUARY 1, 2004,";

line 25, strike "PERIOD." and substitute "PERIOD NOR SHALL SUCH COSTS EXCEED A TOTAL OF TWO HUNDRED ELEVEN MILLION DOLLARS.".

Page 16, after line 22, insert the following:

"(7)  AS PART OF ITS DETERMINATION OF AN APPROPRIATE METHOD OF COST RECOVERY UNDER SUBSECTION (3) OF THIS SECTION, THE COMMISSION SHALL CONDUCT A COST EFFECTIVENESS ANALYSIS OF THE PUBLIC UTILITY'S AIR QUALITY IMPROVEMENT COSTS THAT IT PRUDENTLY INCURS IN ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION.".

As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.

HB98-1398 by Representative Tool; also Senator Schroeder--Concerning a reduction in the rate of interest on deferred property taxes.

Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

On motion of Representative Anderson, consideration of SB98-8 was laid over until April 7, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: SB98-142 amended, HB98-1398.

Laid over until date indicated retaining place on Calendar:

SB98-8--April 7, 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 62 NO 1 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen E

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 Y

Lawrence Y

Leyba Y

Mace Y

May N

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 Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

________________

RECONSIDERATION OF SB98-49

SB98-049 by Senators Schroeder, B. Alexander, Bishop, et al; also Representative May--Concerning a prohibition on the imposition by governmental entities of charges upon access to the internet.

Representative Anderson moved for reconsideration of the last House action (passage on Third Reading) of SB98-49. As shown by the following recorded vote, a two-thirds majority of those elected to the House voted in the affirmative and the motion was declared passed.

YES 63 NO 0 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen E

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 Y

Lawrence Y

Leyba Y

Mace Y

May Y

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 Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

As shown by the following roll call vote, a majority of all members elected to the House voted in the affirmative, and Representative May was given permission to offer a Third Reading amendment:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen E

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 Y

Lawrence Y

Leyba Y

Mace Y

May Y

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 Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Third Reading amendment No. 1, by Representative May.

Amend rerevised bill, page 2, strike line 19, and substitute the following:

"concern;

(e) Until pending federal legislation resolves the issue of whether, and to what extent, state and local taxation of internet access services will further the interests of all participants in the national economy, including the citizens of Colorado, a moratorium of at least three years is appropriate on the imposition of such charges, consistent with the pending national plan.";

line 21, strike "revenue." and substitute "revenue ­ repeal.".

Page 3, after line 9, insert the following:

"(4)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2001.";

line 15, strike "services." and substitute "services ­ repeal.".

Page 4, after line 11, insert the following:

"(4)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2001.";

line 14, strike "refunds." and substitute "refunds ­ repeal.";

line 17, after "(XXVI)", insert "(A)";

after line 18, insert the following:

"(B) THIS SUBPARAGRAPH (XXVI) IS REPEALED, EFFECTIVE JULY 1, 2001.";

line 21, strike "Exemptions." and substitute "Exemptions ­ repeal.";

line 24, after "(ff)", insert "(I)";

after line 25, insert the following:

"(II) THIS PARAGRAPH (ff) IS REPEALED, EFFECTIVE JULY 1, 2001.".

The amendment was declared passed by the following roll call vote:

YES 53 NO 10 EXCUSED 2 ABSENT 0

Adkins Y

Agler N

Alexander Y

Allen E

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez N

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps YFaatz N

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn N

Hefley Y

Johnson Y

June E

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace N

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner N

Reeser N

Romero N

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate N

Taylor Y

Tool Y

Tucker Y

Tupa N

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 passed.

YES 51 NO 12 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen E

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 Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June E

Kaufman Y

Keller N

Kreutz Y

Lawrence Y

Leyba Y

Mace N

May Y

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 Y

Tucker Y

Tupa Y

Udall Y

Veiga N

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsor added: Representative Arrington.

______________

CONSENT GRANTED TO CONFERENCE COMMITTEE

Representative Gordon moved that the First Conference Committee on HB98-1059 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 63 NO 0 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen E

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz YEpps 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 Y

Lawrence Y

Leyba Y

Mace Y

May Y

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 Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

______________

CONSIDERATION OF RESOLUTIONS

HJR98-1009 by Representatives Owen, Anderson, G. Berry, Grampsas, May, Pfiffner, and T. Williams; also Senator Lacy-- Concerning the design and implementation of alternatives to Social Security.

(Printed and placed in member's files; also printed in House Journal, February 3, 1998, page 345.)

Amendment No. 1, moved by Representative Owen.

Health, Environment, Welfare, and Institutions Report, dated March 16, 1998, and placed in member's bill file; Report also printed in House Journal, March 17, page 929.

The amendment was declared passed by viva voce vote.

Amendment No. 2, moved by Representative Arrington.

Amend printed joint resolution, page 2, after line 4, insert the following:

"Be It Further Resolved, That the general assembly's purpose in passing this resolution is to start a process in which to find ways to improve and ensure the stability of the State of Colorado's post­retirement safety net and that nothing herein shall be construed as an attempt to seek waivers to reduce in any way the benefits to which current Social Security recipients are entitled.".

The amendment was declared passed by viva voce vote.

On motion of Representative Owen, the resolution as amended was adopted by the following roll call vote:

YES 44 NO 19 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen E

Anderson Y

Arrington Y

Bacon N

Berry, G. Y

Chavez Y

Clarke N

Dean Y

Dyer N

Entz YEpps N

Faatz Y

George Y


Gordon N

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn N

Hefley Y

Johnson Y

June E

Kaufman Y

Keller N

Kreutz Y

Lawrence Y

Leyba N

Mace N

May Y

McElhany Y


McPherson Y

Miller Y

Morrison N

Musgrave Y

Nichol N

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

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 Y

Tucker Y

Tupa Y

Udall N

Veiga Y

Williams, S. N

Williams, T. Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Pankey, Paschall, Schauer.

HR98-1007 by Representative May--Concerning Major League Baseball "All-Star" Day.

(Printed and placed in member's files; also printed in House Journal, March 27, 1998, page 1097-1098.)

On motion of Representative May, the resolution was adopted by the following roll call vote:

YES 62 NO 0 EXCUSED 3 ABSENT 0

Adkins E

Agler Y

Alexander Y

Allen E

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 Y

Lawrence Y

Leyba Y

Mace Y

May Y

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 Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Roll call of the House.

HJR98-1023 by Representatives Musgrave, Entz, and Young; also Senator Ament--Concerning American Heritage Rivers Initiative.

(Printed and placed in member's files; also printed in House Journal, March 23, 1998, pages 1033-1035.)

Amendment No. 1, moved by Representative Musgrave.

Agriculture, Livestock, and Natural Resources Report, dated April 1, 1998, and placed in member's bill file; Report also printed in House Journal, April 2, page 1180.

The amendment was declared passed by viva voce vote.

On motion of Representative Musgrave, the resolution as amended was adopted by the following roll call vote:

YES 43 NO 19 EXCUSED 3 ABSENT 0

Adkins E

Agler Y

Alexander Y

Allen E

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 Y

Hefley Y

Johnson Y

June E

Kaufman Y

Keller N

Kreutz Y

Lawrence Y

Leyba N

Mace N

May Y

McElhany Y

McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol N

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

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 Y

Tucker Y

Tupa N

Udall N

Veiga N

Williams, S. N

Williams, T. Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Anderson, Epps, Smith, Spradley.

_______________

CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILL

HB98-1188 by Representatives Snyder and Saliman; also Senator Wham--Concerning the "Fair Campaign Practices Act".

(Amended as printed in Senate Journal, March 20, pages 517-518.)

Representative Snyder 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 58 NO 4 EXCUSED 3 ABSENT 0

Adkins E

Agler Y

Alexander Y

Allen E

Anderson Y

Arrington N

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 Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y

McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall N

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y

Snyder Y

Spradley N

Sullivant N

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

The Speaker appointed Representatives Faatz, Chairman, Snyder and Kaufman as House conferees to the bill.

REPORTS OF COMMITTEE OF REFERENCE

APPROPRIATIONS

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

HB98-1003, 1070, 1267, 1382 be referred to the Committee of the Whole with favorable recommendation.

HB98­1006 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 6, strike lines 20 through 25 and substitute the following:

"SECTION 2.  Appropriation. (1)  In addition to any other appropriation:

(a)  On or after May 1, 1998, but no later than May 15, 1998, there is hereby appropriated, out of the moneys in the capital construction fund specified in subsection (2) of this section not otherwise appropriated, to the species conservation trust fund, created in section 24­33­111 (2), Colorado Revised Statutes, for the fiscal year beginning July 1, 1998, the sum of seven million dollars ($7,000,000), or so much thereof as may be necessary, for the implementation of this act; and

(b)  On or after May 1, 1999, but no later than May 15, 1999, there is hereby appropriated, out of the moneys in the capital construction fund specified in subsection (2) of this section not otherwise appropriated, to the species conservation trust fund, created in section 24­33­111 (2), Colorado Revised Statutes, for the fiscal year beginning July 1, 1998, the sum of three million dollars ($3,000,000), or so much thereof as may be necessary, for the implementation of this act.

(2)  The appropriation in subsection (1) of this section shall be made from the remaining proceeds and interest held by the state from the certificates of participation issued pursuant to the 1989 and 1990 master lease purchase agreements described in section 33­60­103 (1) (c) (II) and (III), Colorado Revised Statutes, and transferred to the capital construction fund upon the completion of the principal and interest payments due on each such agreement.".

HB98-1044, 1069, 1190, 1222 be postponed indefinitely.

HB98-1217 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Business Affairs and Labor Committee Report, dated January 27, 1998, page 1, strike lines 1 through 5 and substitute the following:

"Amend printed bill, page 2, strike lines 7 through 26 and substitute the following:

"(33.5) (a)  "UNLICENSED ASSISTANT" MEANS AN UNLICENSED PERSON WHO:

(I)  HAS BEEN ISSUED A LETTER BY A PHARMACIST MANAGER THAT SUCH UNLICENSED ASSISTANT IS EMPLOYED BY SUCH PHARMACIST MANAGER'S PRESCRIPTION DRUG OUTLET; AND

(II)  PERFORMS THOSE FUNCTIONS SET FORTH IN PARAGRAPH (b) OF SUBSECTION (26) OF THIS SECTION UNDER THE SUPERVISION OF A PHARMACIST.

(b)  A PHARMACIST MANAGER WHO EMPLOYS AN UNLICENSED ASSISTANT SHALL FILE WITH THE BOARD A LIST OF NAMES OF ALL UNLICENSED ASSISTANTS WHO ARE EMPLOYED BY THE PHARMACIST MANAGER.

SECTION 2. The introductory portion 12­22­114 (1), Colorado Revised Statutes, is amended, and the said 12-22-114 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH to read:

12­22­114. Fees. (1) Fees shall be determined and collected pursuant to section 24­34­105 for the following licenses AND REGISTRATIONS:

(r) FOR THE INITIAL AND RENEWAL REGISTRATION OF ALL NONRESIDENT PRESCRIPTION DRUG OUTLETS UNDER SECTION 12­22­130.

SECTION 3. Part 1 of article 22 of title 12, Colorado Revised".".

Page 2 of the committee report, after line 34, insert "Renumber succeeding sections accordingly.".

Page 3 of the committee report, after line 7, insert the following:

"Amend printed bill, page 5, after line 24, insert the following:

"SECTION 7. Appropriation - adjustment in 1998 long bill. For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows: The appropriation made to the department of regulatory agencies, division of registrations, personal services, is increased by six thousand six hundred eighty-one dollars ($6,681). Said sum shall be out of moneys in the division of registrations cash fund not otherwise appropriated.".

Renumber succeeding section accordingly.

Page 1, line 106, strike "PHARMACISTS." and substitute "PHARMACISTS, AND MAKING AN APPROPRIATION THEREFOR.".".

HB98-1220 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Business Affairs and Labor Committee Report, dated January 27, 1998, page 1, strike lines 5 through 11, and substitute the following:

"Page 3, strike lines 24 through 26, and substitute the following:

"variances. (5) The board shall not approve alternative materials for the installation of

"Page 4, strike lines 1 through 4.";

strike lines 13 and 14 of the committee report and substitute the following:

"amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:

12­58­114.5.  Inspection ­ application ­ standards. (1.5)  TWO OR MORE LOCAL GOVERNMENT AUTHORITIES MAY ENTER INTO AN INTERGOVERNMENTAL AGREEMENT TO CREATE A PERMITTING AND INSPECTION PROGRAM AND SHALL NOTIFY THE BOARD OF SUCH AGREEMENT.

(8) (a)  THE";

strike lines 18 through 24 of the committee report and substitute the following:

"(II)  THE DATE THE INSPECTION WAS SCHEDULED TO OCCUR;

(III)  THE DATE THE INSPECTION WAS CONDUCTED;

(IV)  IF THE INSPECTION OCCURRED ON A DATE OTHER THAN WHEN SCHEDULED, A WRITTEN STATEMENT INDICATING WHY THE INSPECTION DID NOT OCCUR AS ORIGINALLY SCHEDULED.

(b)  THE RECORDS SHALL BE FORWARDED TO THE PROGRAM ADMINISTRATOR WHO SHALL COMPILE A REPORT FOR THE BOARD SETTING FORTH THE NUMBER OF SCHEDULED INSPECTIONS THAT DID AND DID NOT OCCUR AS ORIGINALLY SCHEDULED AS PROVIDED BY A COMPARISON OF SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (a) OF THIS SUBSECTION (8) AND THE REASONS AS PROVIDED IN SUBPARAGRAPH (IV) OF PARAGRAPH (a) OF THIS SUBSECTION (8).".

Page 2, strike line 28 and substitute the following:

""SECTION 9. Appropriation - adjustments to the 1998 long bill. (1) For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows:

(a) The appropriation made to the department of regulatory agencies, executive director's office, legal services is increased by seven hundred sixty-eight dollars ($768). Said sum shall be from the division of registrations cash fund.

(b) The appropriation made to the department of regulatory agencies, division of registrations, operating expenses, is increased by two thousand nine hundred twenty-six dollars ($2,926). Said sum shall be out of moneys not otherwise appropriated in the Division of Registrations Cash Fund.

(2) For the implementation of this act, appropriations made in the annual general appropriation act to the department of law for fiscal year beginning July 1, 1998, is increased by seven hundred sixty-eight dollars ($768), for the provision of legal services to the department of regulatory agencies related to the implementation of this act. Such sum shall be reduced from cash funds received from the department of regulatory agencies, executive director's office, from moneys not otherwise appropriated in the department of registrations cash fund, out of the appropriation made in paragraph (a) of this subsection (1).".

Page 3, strike lines 1 through 3.

After line 4, insert the following:

"Page 1, line 102, strike "EXAMINERS." and substitute "EXAMINERS, AND MAKING AN APPROPRIATION THEREFOR.".".


HB98-1281 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Transportation and Energy Committee Report, dated March 4, 1998, page 1, line 1, after "bill," insert "page 2,";

line 6 of the committee report, strike "any moneys in the cash" and substitute "cash funds to be received from the regional transportation district, to the legislative department, for allocation to the state auditor's office, for the";

strike line 7 of the committee report.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and transmits herewith: SJR98-020.

______________

INTRODUCTION OF RESOLUTIONS

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

HJR98-1030 by Representatives Epps, Pfiffner, Adkins, Agler, K. Alexander, Allen, Anderson, Arrington, Bacon, C. Berry, G. Berry, Chavez, Clarke, Dean, Dyer, Entz, Faatz, George, Gordon, Gotlieb, Grampsas, Grossman, Hagedorn, Hefley, S. Johnson, Kaufman, Keller, Kreutz, Lawrence, Leyba, Mace, May, McElhany, McPherson, Miller, Morrison, Musgrave, Nichol, Owen, Pankey, Paschall, Reeser, Romero, Salaz, Saliman, Schauer, Sinclair, Smith, Spradley, Sullivant, Swenson, Takis, Tate, Taylor, Tool, Tucker, Tupa, Udall, S. Williams, T. Williams, Young, and Zimmerman; also Senators Arnold, B. Alexander, Ament, Chlouber, Coffman, Congrove, Dennis, Hopper, Tebedo, and Wattenberg--Concerning the recognition of Colorado's volunteer firefighters.

WHEREAS, Many communities in Colorado rely on volunteer firefighters as their first line of defense in almost any emergency; and

WHEREAS, Approximately 260 of the estimated 373 fire departments in Colorado are comprised entirely of volunteers; and

WHEREAS, There are approximately 7,755 volunteer firefighters in Colorado, comprising approximately 68% of the estimated total of 11,455 firefighters within the state; and

WHEREAS, Every year, volunteer firefighters serve their communities by responding to a wide array of emergencies, including fires, medical emergencies, natural disasters, hazardous materials incidents, water rescue emergencies, and high­angle and confined space emergencies, and by also responding to general public service calls; and

WHEREAS, Volunteering in the fire protection services is one of the most demanding volunteer activities today, and volunteer firefighters invest large amounts of time serving their communities by responding to emergencies at all hours of the day and night, training, maintaining equipment, fund raising, and dealing with various administrative duties; and

WHEREAS, The majority of fire departments in Colorado have experienced a steady increase in calls over the past decade which, coupled with a decline in the number of volunteer firefighters during that period, has forced volunteer fire departments to handle more calls with fewer personnel; 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, do hereby recognize and pay tribute to the volunteer firefighters of Colorado who tirelessly protect and serve the citizens of and visitors to the state.

_________

SJR98-20 by Senator Norton; also Representatives Owen and T. Williams--Concerning the extension of congratulations from the General Assembly to the University of Northern Colorado Bears football team.

________________

REPORT FROM THE ETHICS COMMITTEE

IN RE COMPLAINT OF JOHN W. SIMONTON

To the Speaker of the House of Representatives:

The Ethics Committee appointed pursuant to House Rule 49, concerning the committee on ethics, has met on two occasions to consider the complaint filed by John W. Simonton against Representative Tony Grampsas and reports as follows:

Proceedings of the Committee

1. The Ethics Committee met on Monday, February 23, 1998, to officially notify Representative Grampsas of the complaint filed against him, to provide him with a copy of the complaint, and to adopt procedures and timetables for its work.

2. The Ethics Committee conducted a preliminary investigation of the complaint, including a review of various materials relevant to the complaint. In addition to the complaint and its attachments, these materials consisted of Representative Grampsas' answer and the supporting letter from Representative Grampsas' attorney, Tim Foster, dated March 6, 1998; materials that the Committee requested from the University of Colorado, including an internal audit report, the notice of intent to dismiss Dr. David Crawford, a letter from John C. Buechner, President of the University of Colorado, rescinding that notice, and university procedures for the dismissal of a tenured faculty member; a letter from President Buechner dated February 6, 1998, explaining his action to rescind the notice of intent to dismiss Dr. Crawford; Joint Budget Committee schedules, staff memorandums, and a chronology concerning disproportionate share moneys; a staff report; and numerous letters received by the Committee. The Committee focused on the primary source materials.

3. The Ethics Committee met on Monday, March 30, 1998, to consider whether there was probable cause to believe an ethical violation had occurred. The Committee heard a presentation by the Office of Legislative Legal Services which outlined the elements of each offense charged and reviewed the evidence on both sides. After Committee discussion, the Committee found there was no probable cause to believe that a violation had occurred and voted to dismiss each of the charges of the complaint, as set forth below.

Charge No. 1 - Section 18-8-306, C.R.S., Attempt to influence a public servant

4. The criminal offense of attempting to influence a public servant consists of three elements: (1) The attempt to influence; (2) by threat of violence or economic reprisal; and (3) with the intent to alter or affect the public servant's decision or action. President Buechner, who Mr. Simonton alleges was the victim of the crime, is a "public servant" within the meaning of the definition in section 18-1-901 (3) (o), C.R.S. Since no allegation of violence was made, the Committee focused on whether there was a threat of economic reprisal.

5. The evidence offered to show a violation of section 18-8-306 consisted of the allegations that Representative Grampsas threatened President Buechner with the loss of funding for the Health Sciences Center, and perhaps for the university as a whole, and that Representative Grampsas took the issue of disproportionate share federal funding off the table at a meeting of the Joint Budget Committee, with the intent to influence President Buechner to rescind the notice of intent to dismiss Dr. Crawford, Representative Grampsas' personal physician, or to get Dr. Crawford reinstated. Mr. Simonton did not allege that he had direct knowledge of these events. Instead, he relied on newspaper articles which contained information and quotes obtained from Representative Grampsas, President Buechner, Dr. Fulginiti (who at the time in question was the Chancellor of the Health Sciences Center), and others.

6. The evidence offered to show that there was no violation of section 18-8-306 consisted of the following:

a. Both Representative Grampsas and President Buechner said there was no threat. Representative Grampsas and President Buechner were the people directly involved in the transaction, and one would expect that they had the best information about what really happened. The evidence that there was a threat originated with Mr. Simonton and Dr. Fulginiti, who heard about it from others. It is significant that President Buechner said there was no threat. In People v. Janousek, 871 P.2d 1189 (Colo. 1994), the primary case decided by the Colorado Supreme Court interpreting section 18-8-306, the Court cited testimony by a judge who was threatened and implied that the victim's perception of a threat is significant.

b. Representative Grampsas consistently said he only attempted to secure President Buechner's personal review of the Crawford matter, not to change or affect Buechner's ultimate decision. In addition to the first two elements, the statute provides that the accused must have intended to "alter or affect the decision or action" (emphasis supplied), not some preliminary step such as review.

c. The funds that were taken off the table were funds that the legislature had no power to grant or to withhold. Under a line of Colorado Supreme Court decisions concerning the separation of powers, the General Assembly has no power to appropriate most federal money. MacManus v. Love, 179 Colo. 218, 499 P.2d 609 (1972); Colorado General Assembly v. Lamm, 738 P.2d 1156 (Colo. 1987). The Health Sciences Center and Denver General Hospital were asking the Joint Budget Committee's permission to file a claim for disproportionate share moneys with the federal government as a matter of courtesy, not because the hospitals needed legislative authorization. Thus there is doubt as to whether there could have been a credible "threat."

d. President Buechner's letter does not mention Representative Grampsas' actions as one of the reasons for his decision to rescind the notice of intent to dismiss Dr. Crawford. President Buechner said he did an extensive investigation and concluded that the audit report alone was not sufficient to support the notice of intent to dismiss. The results of President Buechner's investigation apparently supported Representative Grampsas' conclusion, which Grampsas had drawn after having the audit report reviewed by Joint Budget Committee staff. In any event, President Buechner said that he had been contacted by many people on the Crawford matter -- faculty, staff, and the public -- as well as legislators.

e. Dr. Fulginiti, in the chronology he furnished to the Committee, said that President Buechner indicated in early October, 1997, that the Health Sciences Center's decision could not stand. If the decision had already been made, Representative Grampsas' influence must have been minimal, since his contact with President Buechner did not occur until sometime after November 10, 1997.

7. Some comments should be added concerning the concept of "economic reprisal", as used in the statutory phrase about a threat of economic reprisal. If Representative Grampsas made no threat, it is irrelevant whether "economic reprisal" includes the idea of an adverse action on appropriations. However, there is serious doubt as to whether cutting an appropriation can ever constitute "economic reprisal" within the meaning of the statute. Decisions on appropriations are at the heart of the legislative process, and the budget process would be drastically affected if legislators had to worry about violating a criminal statute every time they talked about reducing an appropriation. Based on the history of the statute, it is more likely that "economic reprisal" refers to the private economic situation of a public official. Thus the purpose of section 18-8-306 is to prohibit threats, for example, against the jobs that legislators hold in their life outside the legislature.

8. Representative Allen moved, Representative Dyer seconding, that since there was no direct evidence of an attempt to influence President Buechner, no direct evidence of a threat, and no evidence that Representative Grampsas intended to change President Buechner's decision or that President Buechner thought Representative Grampsas was forcing him to change a decision, the Committee find there is no probable cause to believe there was a violation of section 18-8-306. The motion was approved on a 5-0 vote.

Charge No. 2 - Section 18-8-404, C.R.S., First degree official misconduct

9. Section 18-8-404 includes an intent element and a conduct element. The accused must have acted with the intent of obtaining a benefit for himself. In addition, the accused must have committed an act relating to his office but constituting an unauthorized exercise of his official function. Other language in the statute concerning the intent maliciously to cause harm to another does not appear to be relevant to the facts of this case. Similarly, language concerning refraining from performing a duty does not appear to be implicated.

10. The evidence offered to show there was intent to obtain a benefit consisted of allegations that Representative Grampsas had a personal interest because of his relationship with Dr. Crawford, and that Representative Grampsas felt that Dr. Crawford had saved his life.

11. The evidence offered to show there was no intent to obtain a benefit consisted of the following:

a. Representative Grampsas said he did not intend to obtain a benefit for himself but instead acted out of various legislative and budgetary policy concerns. These included: (1) Avoiding a lawsuit based on the university's failure to provide due process to Dr. Crawford; and (2) Damage to the Health Sciences Center's reputation and its ability to fulfill its mission. If a lawsuit were successful, there could be a substantial damage award which would adversely affect the state budget.

b. Senator Wham, as quoted in the newspaper articles attached to the complaint, indicated that she thought there was no personal gain to the legislators who intervened on Dr. Crawford's behalf. In those same articles, Representative Sinclair referred to "the potentiality of legal actions," showing that others were concerned about a lawsuit and its fiscal impact.

c. In Mr. Simonton's own words on page 1 of the complaint, Representative Grampsas was trying to influence Buechner "to make a decision to benefit someone to whom he felt personally beholding [sic]," in other words, to benefit Dr. Crawford, not himself.

12. The evidence offered to show there was an unauthorized exercise of official function consisted of statements in the complaint and in the newspapers that actions by Representative Grampsas and other legislators were an unauthorized intrusion into the university and abridged its integrity, and that they constituted an abuse of power. Strictly speaking, this evidence does not fall into the category of "facts." These statements are more in the nature of ultimate conclusions drawn from the facts, based on the academic perspective of Mr. Simonton and Dr. Fulginiti, not the legislative perspective.

13. The evidence offered to show there was no unauthorized exercise of official function consisted of the following:

a. President Buechner stated in the newspaper articles that legislator contacts are common, and that he did not view such contacts as being unauthorized.

b. Representative Grampsas said that he believed his acts were an appropriate part of the budget process, and the budget process is part of his official function as a legislator and chairman of Joint Budget Committee.

c. Representative Grampsas did not try to interfere with the internal university process. His efforts were directed to President Buechner, whose letter set forth his opinion that the President of the university has a legitimate role and responsibility in dismissal cases.

d. While the Colorado Supreme Court has not interpreted "unauthorized exercise of official function" in this context, there are cases arising under the legislative immunity section of the state and federal constitutions which construe the term "legitimate legislative activity." "Legitimate legislative activity" appears to be analogous to the authorized exercise of an official function. These cases recognize that people expect legislators to do constituent work and indicate that legitimate legislative activity includes the investigation of constituent complaints. Gravel v. United States, 408 U.S. 606, 92 S.Ct. 2614 (1966); Hartley v. Fine, 595 F.Supp. 83 (W.D.Mo. 1984).

14. Representative Reeser moved, Representative May seconding, that since there was no allegation or evidence of any benefit to Representative Grampsas and the evidence shows that Representative Grampsas and President Buechner conducted themselves as if both were engaged in the authorized exercise of official functions, the Committee find there is no probable cause to believe there was a violation of section 18-8-404. The motion passed on a 5-0 vote.

Charge No. 3 - Section 24-18-103, C.R.S., Public trust - breach of fiduciary duty

15. Section 24-18-103 (1) provides that members of the general assembly shall carry out their duties for the benefit of the people of the state.

16. The evidence offered to show a violation of section 24-18-103 consisted of Mr. Simonton's and Dr. Fulginiti's statements that Representative Grampsas' actions were for the benefit of Dr. Crawford or Representative Grampsas or both, not for the benefit of the people.

17. The evidence offered to show there was no violation of section 24-18-103 consisted of Representative Grampsas' statements that his actions were for public policy purposes, such as avoiding a lawsuit and minimizing damage to the Health Sciences Center's reputation, and the absence of any allegation that Representative Grampsas received a personal benefit.

18. Representative May moved, Representative Reeser seconding, that since the evidence shows that Representative Grampsas acted for the public benefit, the Committee find there is no probable cause to believe there was a violation of section 24-18-103. The motion passed on a 5-0 vote.

Charge No. 4 - Section 24-18-107, C.R.S., Ethical principles for members of the general assembly

19. Section 24-18-107 provides that it is only intended to set forth a guideline, not a breach of fiduciary duty. A breach of fiduciary duty is a much more serious matter and can result in personal liability as a trustee of property. Under section 24-18-107, a member who has a personal or private interest in a bill must disclose that interest and not vote on the bill. In deciding whether there is a personal or private interest, the member is required to consider whether the interest impedes his independence of judgment, the effect on public confidence in the integrity of the general assembly, and whether participation is likely to have a significant effect on the disposition of the bill.

20. The evidence offered to show a personal or private interest that would require disclosure and prohibit voting consisted of Mr. Simonton's and Dr. Fulginiti's statements that Representative Grampsas had a personal interest because Dr. Crawford was his private physician.

21. The evidence offered to show there was no personal or private interest that would require disclosure and prohibit voting consisted of the following:

a. Representative Grampsas believed he was acting because of legislative and budgetary policy concerns, not because of his personal relationship with Dr. Crawford. Representative Grampsas indicated that he had considered the statutory criteria and determined that his independence of judgment was not impeded and that his action would not affect public confidence in the general assembly.

b. There is no evidence that any financial interest was involved. Section 24-18-107 and House Rule 21, which covers the same ground, have been construed to forbid voting only when there is a personal financial interest. There is no law or rule that forbids a member to vote when he believes his personal, non-financial interest is coextensive with the public interest.

c. There was no bill involved in Representative Grampsas' action to delay a vote on disproportionate share money. Section 24-18-107 provides that if a member has a personal or private interest in a bill, the member shall not vote. As explained in 6.c. above, the General Assembly has no power to approve or deny the federal funds that were the subject of Representative Grampsas' action.

d. Section 24-18-107 leaves the decision about when not to vote up to each member. Thus under the statute Representative Grampsas had the right to make his own determination about how the statutory factors apply in this case.

22. Representative May moved, Representative Dyer seconding, that since the evidence shows that Representative Grampsas acted for the public benefit, and since members have an obligation to vote unless they have an immediate personal or financial interest, and since the function of section 24-18-107 is to provide guidance for a member's individual decision on whether to vote, and since the duty to vote was not involved in this matter, the Committee find there is no probable cause to believe there was a violation of section 24-18-107. The motion passed on a 5-0 vote.

Charge No. 5 - Senate Rule 41, Ethics

23. Senate Rule 41 by its terms applies only to senators. However, the Committee considered its possible application on the assumption that it includes principles of ethical conduct that should apply to House members as well.

24. Senate Rule 41 is an extensive statement of ethical principles, and it incorporates most of the elements that have been covered in connection with sections 18-8-306, 18-8-404, and the ethics statutes. Senate Rule 41 includes a specific reference to "economic or private gain," so it is apparent that a financial benefit to the member is required in order to show a violation.

25. The evidence offered to show a violation and the evidence offered to show there was no violation have been set forth above.

26. Representative Dyer moved, Representative Allen seconding, that since there is no evidence that shows any of the elements required by Senate Rule 41, the Committee find there is no probable cause to believe there was a violation of Senate Rule 41. The motion passed on a 5-0 vote.

Conclusion

27. On a motion by Representative May, Representative Reeser seconding, the Committee voted 5-0 to dismiss the complaint as a whole.

28. The Ethics Committee believes that the House of Representatives as an institution and its individual members have a responsibility to uphold the Colorado Constitution, the statutes, and the legislative rules, and the members must be committed to conduct that is

consistent therewith. As to the complaint filed in this matter, the Committee finds that there is no probable cause to believe Representative Grampsas has committed an ethical violation.

Respectfully submitted,

(signed)

Representative Tucker, Chair

Representative May, Vice-Chair

Representative Allen

Representative Dyer

Representative Reeser

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until April 7, retaining place on Calendar:

Consideration of Resolutions--HJR98-1011, 1021, 1020, 1026, 1027, 1028, 1029.

Consideration of Senate Amendments--HB98-1012, 1312, 1128, 1016.

_______________

On motion of Representative Anderson, the House adjourned until 9:00 a.m., April 7, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk