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

Ninety-seventh Legislative Day Monday, April 13, 1998

Prayer by the Reverend Bill Haan, 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 Dean, Lawrence, Tate--3.

The Speaker declared a quorum present.

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On motion of Representative Veiga, the reading of the journal of April 9, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

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REPORTS OF COMMITTEES OF REFERENCE

APPROPRIATIONS

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

HB98­1037 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Strike the State, Veterans, and Military Affairs Committee Report, dated January 22, 1998, and substitute the following:

"Amend printed bill, page 2, strike lines 2 through 13 and substitute the following:

"SECTION 2.  Effective date.  This act shall take effect July 1, 1999; except that this act shall not take effect unless moneys are appropriated for the increased mileage fees and the mileage fees for privately owned aircraft, as specified in the annual general appropriations act or in any other act making an appropriation for the fiscal year beginning July 1, 1999.".".

Page 1, strike line 102 and substitute the following:

"EMPLOYEES.".

HB98­1075 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Strike the Transportation and Energy Committee Report, dated February 11, 1998, and substitute the following:

"Amend printed bill, strike everything below the enacting clause, and substitute the following:

"SECTION 1.  42­3­113, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

42­3­113.  Number plates furnished ­ style ­ periodic reissuance. (5) (a) (I)  ON AND AFTER JANUARY 1, 2000, ANY NEW OR REPLACEMENT LICENSE PLATE ISSUED BY THE DEPARTMENT SHALL, TO THE EXTENT THAT IT IS PRACTICAL, HAVE IDENTIFYING CHARACTERS LIMITED TO NO MORE THAN A TOTAL OF SIX NUMBERS AND LETTERS; EXCEPT THAT SUCH CHARACTER LIMITATION DOES NOT APPLY TO PERSONALIZED LICENSE PLATES ISSUED UNDER SECTION 42­3­114.

(II)  BEGINNING JANUARY 1, 2002, THE DEPARTMENT OF REVENUE IS AUTHORIZED TO REQUIRE THE REPLACEMENT OF ANY LICENSE PLATE AS NECESSARY TO ENSURE THAT LICENSE PLATES ARE LEGIBLE AS REQUIRED BY SECTION 42­3­123 (2). ON AND AFTER SUCH DATE, THE DEPARTMENT SHALL TAKE ACTIONS NECESSARY TO REPLACE ALL LICENSE PLATES ISSUED IN THE STATE OTHER THAN THE LICENSE PLATES THAT WERE ISSUED AFTER JANUARY 1, 2000, UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH (a). THE DEPARTMENT SHALL COMPLETE SUCH LICENSE PLATE REPLACEMENT ON OR BEFORE JANUARY 1, 2004.

(III)  DURING THE 2002 REGULAR SESSION OF THE GENERAL ASSEMBLY, THE DEPARTMENT SHALL REPORT TO THE GENERAL ASSEMBLY REGARDING THE NUMBER OF LICENSE PLATES IN THE STATE THAT NEED TO BE REPLACED. THE DEPARTMENT SHALL MAKE A SUPPLEMENTAL APPROPRIATION REQUEST TO THE JOINT BUDGET COMMITTEE FOR THE MONEYS NECESSARY TO COMPLETE THE REPLACEMENT OF THE LICENSE PLATES ISSUED IN THE STATE.

(b)  THE DEPARTMENT SHALL REISSUE ALL MOTOR VEHICLE NUMBER PLATES ISSUED IN THE STATE AT LEAST EVERY SEVEN YEARS AFTER JANUARY 1, 2000.

SECTION 2.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

Page 1, line 102, strike "AUTHORIZING EXTENDED TEMPORARY";

line 103, strike "REGISTRATION OF MOTOR VEHICLES,";

line 104, strike "PLATES, AND MAKING" and substitute "PLATES.";

strike line 105.".

HB98­1092 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Health, Environment, Welfare, and Institutions Committee Report, dated January 21, 1998, page 1, line 11, strike "OR THE AID TO THE NEEDY DISABLED";

line 18, strike "PERSONS AND PERSONS WITH" and substitute "PERSONS,";

line 19, strike "DISABILITIES,".

Page 2, line 5, strike "OR THE AID TO THE NEEDY DISABLED";

line 16, strike "AND AID TO THE";

line 17, strike "NEEDY DISABLED".

Page 3, line 14, strike "AND AID TO THE NEEDY";

line 15, strike "DISPLACED";

line 26, strike "OR THE";

line 27, strike "AID TO THE NEEDY DISABLED";

line 28, strike "INITIAL".

Page 4, line 2, strike "OR THE AID TO THE NEEDY";

line 3, strike "DISABLED";

strike lines 11 through 17 and substitute the following:

"SECTION 2.  Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the old age pension fund not otherwise appropriated, to the department of human services, office of information technology services, for the client­oriented information network, for the fiscal year beginning July 1, 1998, the sum of ten thousand one hundred sixty dollars ($10,160), or so much thereof as may be necessary, for the implementation of this act.

SECTION 3.  Future appropriations. It is the intent of the general assembly that this act be implemented in the future within existing FTE allocations and that no separate appropriations of state moneys for FTE's will be necessary to carry out the provisions of this act.";

line 18, strike "SECTION 2." and substitute "SECTION 4.".


HB98-1155, 1206, 1268, 1329, 1388 be postponed indefinitely.

HB98-1191 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the State, Veterans, and Military Affairs Committee Report, dated February 3, 1998, page 2, after line 3, insert the following:

"(2)  "COMMITTEE" MEANS THE STATE DEFINED CONTRIBUTION RETIREMENT COMMITTEE CREATED IN SECTION 24­54.7­103.".

Renumber succeeding subsections accordingly.

Page 2, strike lines 9 through 11 and substitute the following:

"GENERAL, THE CHIEF DEPUTY ATTORNEY GENERAL, THE SOLICITOR GENERAL, THE SECRETARY OF STATE, THE DEPUTY SECRETARY OF STATE, THE STATE TREASURER, THE DEPUTY STATE TREASURER, A MEMBER OF THE PUBLIC UTILITIES COMMISSION, AN EXECUTIVE DIRECTOR OF A DEPARTMENT OF STATE APPOINTED BY THE GOVERNOR, AN EMPLOYEE OF THE SENATE OR THE HOUSE OF REPRESENTATIVES,";

strike lines 20 through 29 and substitute the following:

"24­54.7­103.  Defined contribution retirement committee ­ creation ­ establishment of defined contribution plans. (1) (a)  THERE IS HEREBY CREATED THE STATE DEFINED CONTRIBUTION RETIREMENT COMMITTEE CONSISTING OF THE FOLLOWING FIVE MEMBERS: THE DIRECTOR OF THE OFFICE OF PLANNING AND BUDGETING, THE DIRECTOR OF THE LEGISLATIVE COUNCIL; THE LIEUTENANT GOVERNOR; ONE MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; AND ONE MEMBER OF THE SENATE APPOINTED BY THE PRESIDENT OF THE SENATE. EACH MEMBER SHALL SERVE ON THE COMMITTEE FOR THE DURATION OF THE MEMBER'S ELECTED OR APPOINTED TERM OF OFFICE.

(b)  THE COMMITTEE SHALL EXERCISE ITS POWERS AND PERFORM ITS DUTIES AND FUNCTIONS AS IF IT WERE TRANSFERRED TO THE DEPARTMENT OF PERSONNEL BY A TYPE 1 TRANSFER, AS SUCH TRANSFER IS DEFINED BY THE "ADMINISTRATIVE ORGANIZATION ACT OF 1968", ARTICLE 1 OF THIS TITLE.

(c)  THE COMMITTEE SHALL BE CONSIDERED A PUBLIC ENTITY FOR PURPOSES OF THE "COLORADO GOVERNMENTAL IMMUNITY ACT", ARTICLE 10 OF THIS TITLE, AND SHALL BE INCLUDED IN THE COVERAGE PROVIDED BY THE RISK MANAGEMENT FUND PURSUANT TO THE PROVISIONS OF SECTION 24­30­1510.

(d)  THE COMMITTEE MAY OBTAIN INSURANCE OR SHALL SELF­INSURE AGAINST LIABILITY WHICH MAY ARISE OUT OF, OR IS IN CONNECTION WITH, THE PERFORMANCE OF DUTIES BY ANY MEMBER OF THE COMMITTEE.

(2)  THE COMMITTEE SHALL HAVE THE AUTHORITY TO ESTABLISH AND ADMINISTER ONE OR MORE DEFINED CONTRIBUTION PLANS PURSUANT TO THE PROVISIONS OF THIS ARTICLE. THE COMMITTEE SHALL ESTABLISH AT LEAST ONE SUCH PLAN ON OR BEFORE JANUARY 1, 1999. THE DEPARTMENT OF PERSONNEL SHALL PROVIDE NECESSARY ADMINISTRATIVE SUPPORT TO THE COMMITTEE IN CONNECTION WITH THE ESTABLISHMENT AND OPERATION OF ANY DEFINED CONTRIBUTION PLAN ESTABLISHED BY THE COMMITTEE.";

line 31, strike "THE LEGISLATIVE" and substitute "THE COMMITTEE";

strike lines 32 through 34.

Page 3, line 2, strike "THE OFFICE OF THE GOVERNOR" and substitute "THE COMMITTEE,";

line 10, strike "LEGISLATIVE COUNCIL AND THE OFFICE OF THE GOVERNOR" and substitute "COMMITTEE";

line 11, strike "SUCH" and substitute "THE COMMITTEE:";

strike line 12;

line 17, strike "LEGISLATIVE" and substitute "COMMITTEE";

line 18, strike "COUNCIL OR THE OFFICE OF THE GOVERNOR".

Page 4, strike lines 7 through 10 and substitute the following:

"COMMITTEE FOR PLANS ESTABLISHED PURSUANT TO THIS ARTICLE SO THAT THE COMMITTEE MAY SERVICE THE ACCOUNTS. IN ADDITION,";

line 12, after "PLAN.", insert "ALL FEES COLLECTED PURSUANT TO THIS PARAGRAPH (c) SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE DEFINED CONTRIBUTION PLAN ADMINISTRATION FUND, WHICH FUND IS HEREBY CREATED. THE GENERAL ASSEMBLY SHALL MAKE ANNUAL APPROPRIATIONS FROM SUCH FUND FOR THE DIRECT AND INDIRECT COSTS OF ADMINISTRATION OF ANY PLAN ESTABLISHED UNDER THIS ARTICLE.";

after line 20 of the committee report, insert the following:

"Page 14 of the printed bill, after line 15, insert the following:

"SECTION 7. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of moneys to be received from providers of investment products for defined contribution plans pursuant to section 24-54.7-104 (2) (c), Colorado Revised Statutes, to the department of personnel, for the fiscal year beginning July 1, 1998, the sum of twenty thousand one hundred forty dollars ($20,140), or so much thereof as may be necessary, for the implementation of this act.

(2) In addition to any other appropriation, there is hereby appropriated to the department of law, for the fiscal year beginning July 1, 1998, the sum of eight thousand six hundred forty dollars ($8,640) and 0.1 FTE, or so much thereof as may be necessary, for the provision of legal services to the department of personnel related to the implementation of this act. Said sum shall be from cash funds exempt received from the department of personnel out of the appropriation made in subsection (1) of this section.".

Renumber succeeding sections accordingly.

Page 1, line 102, strike "EMPLOYEES." and substitute "EMPLOYEES, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".".


HB98­1307 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Judiciary Committee Report, dated February 10, 1998, page 2, strike line 5 and substitute the following:

"the implementation of this act. Said amount is exempt from the statutory limit on state general fund appropriations pursuant to section 24­75­201.1 (1) (a) (III) (A), Colorado Revised Statutes.";

after line 5 of the committee report, insert the following:

"strike lines 24 through 26 and substitute the following:

"SECTION 13. Effective date. This act shall take effect July 1, 1998.".".


HB98-1308 be rereferred to the Committee on Agriculture, Livestock, and Natural Resources with favorable recommendation.

HB98­1326 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Strike the Local Government Committee report, dated February 9, 1998, and substitute the following:

"Amend printed bill, page 2, line 11, strike "ONE" and substitute "THREE";

line 16, after "with", insert "PARAGRAPH (a) OF";

line 26, after "(b)", insert "(I)".

Page 3, line 1, strike "___ PERCENT" and substitute "ONE MILLION DOLLARS ANNUALLY";

line 2, strike "CENTRAL, ___" and substitute "CENTRAL,";

line 3, strike "PERCENT" and substitute "ONE MILLION DOLLARS ANNUALLY";

line 4, strike "___ PERCENT" and substitute "ONE MILLION DOLLARS ANNUALLY";

after line 6, insert the following:

"(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2000.";

strike lines 7 through 26.

Page 4, strike lines 1 through 14 and substitute the following:

"SECTION 2.  12­47.1­701 (4) (b) (I) and (4) (c), Colorado Revised Statutes, are amended to read:

12­47.1­701.  Limited gaming fund ­ repeal. (4) (b) (I)  Of the fifty percent SHARE OF LIMITED GAMING PROCEEDS";

line 18, strike "ONE" and substitute "THREE";

after line 23, insert the following:

"(c)  Out of the forty­eight and eight­tenths percent PORTION that would otherwise be transferred to the general fund pursuant to this subsection (4), an amount to be determined as provided in paragraph (c) of subsection (1) of this section shall be transferred to the state highway fund and the amount transferred to the general fund pursuant to this subsection (4) shall be reduced accordingly.".".


HB98-1333 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 12, line 1, strike "CLASS 6 FELONY." and substitute "MISDEMEANOR.".

Page 19, line 25, after the period, add "SUCH COMPUTER­BASED PROGRAM SHALL BE FUNDED SOLELY WITH MONEYS FROM THE HIGHWAY USERS TAX FUND.".

Page 27, line 9, strike "misdemeanor CLASS 6" and substitute "misdemeanor.";

line 10, strike "FELONY."

Page 36, line 5, after the period, add "SUCH COMPUTER­BASED PROGRAM SHALL BE FUNDED SOLELY WITH MONEYS FROM THE HIGHWAY USERS TAX FUND.";

after line 13, insert the following:

"SECTION 13.  43­4­201 (3) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

43­4­201.  Funds created. (3) (a) (V)  NOTWITHSTANDING ANY OTHER PROVISION IN THIS SECTION, THE GENERAL ASSEMBLY MAY MAKE AN ANNUAL APPROPRIATION OR STATUTORY DISTRIBUTION FROM THE HIGHWAY USERS TAX FUND TO THE DEPARTMENT OF REVENUE FOR THE DATA COLLECTION SERVICES PROVIDED FOR UNDER SECTIONS 39­27­109.7 AND 39­27­218, C.R.S.".

Renumber succeeding section accordingly.


HB98­1374 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Judiciary Committee Report, dated February 26, 1998, page 1, line 2, strike "SECOND OR SUBSEQUENT CLASS 6 FELONY" and substitute "CLASS 6 FELONY THAT IS THE OFFENDER'S SECOND OR SUBSEQUENT FELONY";

strike lines 5 and 6 of the committee report and substitute the following:

"Page 5, after line 2, insert the following:

"(e)  NOTWITHSTANDING ANY PROVISIONS OF THIS SUBSECTION (9) TO THE CONTRARY, THE TOTAL AMOUNT OF TIME SPENT BY AN OFFENDER ON SUPERVISION FOLLOWING MANDATORY PAROLE SHALL NOT EXCEED THE LENGTH OF TIME FOR WHICH THE OFFENDER WAS SENTENCED TO INCARCERATION. TIME SPENT IN INCARCERATION FOLLOWING REVOCATION OF PAROLE OR SUPERVISION PURSUANT TO THIS SUBSECTION (9) SHALL NOT BE INCLUDED IN CALCULATING THE OFFENDER'S MAXIMUM PERIOD OF SUPERVISION. UPON COMPLETION OF THE MAXIMUM PERIOD OF SUPERVISION CALCULATED PURSUANT TO THIS PARAGRAPH (e), THE OFFENDER SHALL BE DISCHARGED.";

line 6, strike "FELONY" and substitute "CLASS 2, 3, 4, OR 5 FELONY, OR A CLASS 6 FELONY THAT IS THE OFFENDER'S SECOND OR SUBSEQUENT FELONY OFFENSE,";";

strike lines 8 through 19 of the committee report and substitute the following:

""SECTION 3. Exception to the requirements of section 2­2­703, Colorado Revised Statutes. The general assembly hereby finds that the amendments to sections 17­22.5­403 and 18­1­105, Colorado Revised Statutes, enacted in this act reflect the General Assembly's original intent in passing House Bill 93­1302. As a clarification of a previously enacted bill, the general assembly finds that said amendments constitute an exception to the five­year appropriation requirements specified in section 2­2­703, Colorado Revised Statutes.

SECTION 4. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".

Renumber succeeding sections accordingly.".

Strike pages 2 and 3 of the committee report.

HB98-1380 be referred to the Committee of the Whole with favorable recommendation.

HB98-1394 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 4, after line 18, insert the following:

"SECTION 4. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".

Renumber succeeding section accordingly.


HB98-1399 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 26, after the period, add "THE START­UP COSTS ASSOCIATED WITH THE IMPLEMENTATION OF A YOUTH CHALLENGE CORPS PROGRAM SHALL BE MET WITHIN EXISTING APPROPRIATIONS.".

Page 6, after line 12, insert the following:

"SECTION 3.  Appropriation. (1)  On July 1, 1998, the state treasurer shall deduct seven hundred thousand dollars ($700,000) from the schools of choice fund created in section 22­36­105, Colorado Revised Statutes, and transfer such sum to the youth challenge corps fund created in section 28­3­1404, Colorado Revised Statutes.

(2)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the youth challenge corps fund created in section 28­3­1404, Colorado Revised Statutes, not otherwise appropriated, to the department of military affairs, for the fiscal year beginning July 1, 1998, the sum of seven hundred thousand dollars ($700,000), or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "PROGRAM." and substitute "PROGRAM, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".



BUSINESS AFFAIRS AND LABOR

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

HB98-1410 be referred to the Committee on Appropriations with favorable recommendation.

STATE, VETERANS AND MILITARY AFFAIRS

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

HB98­1407 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, strike everything below the enacting clause, and substitute the following:

"SECTION 1.  24­80.5­102 (1), Colorado Revised Statutes, is amended to read:

24­80.5­102.  Works of art for correctional facilities. (1)  Each capital construction appropriation for a correctional facility shall include as a nondeductible item an allocation of not less than one­tenth of one percent of the capital construction costs to be used for a prison inmate art fund ALLOCATED TO THE COLORADO COUNCIL ON THE ARTS ESTABLISHED IN ARTICLE 9 OF TITLE 23, C.R.S. The moneys in such fund shall be used for materials to allow inmates to create works of art to be included in the construction of or to be placed permanently in such facility. The department of corrections shall administer by rule and regulation a competitive program among the inmates of such facility in order to determine which art projects and inmates shall receive an incentive award not to exceed two hundred dollars each. The Colorado council on the arts shall appoint one of its members to serve in an advisory capacity to the department of corrections on the implementation of this section.

SECTION 2.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".



TRANSPORTATION AND ENERGY

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

HB98-1411 be referred to the Committee of the Whole with favorable recommendation.

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FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on SB98-13

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB 98­13, concerning disclosure requirements for optional managed care arrangements in motor vehicle insurance policies, has met and reports that it has agreed upon the following:

That the Senate accede to the House amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 2, line 25, strike "VARIANCE IN COST" and substitute "COST SAVINGS".

Page 3, line 17, strike "DIFFERENCE" and substitute "SAVINGS".

Respectfully submitted,

Senate Committee: House Committee:

Ray Powers Tambor Williams

Ed Perlmutter Bill Swenson

Elsie Lacy Jennifer Veiga

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FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on SB98-137

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB 98­137, concerning use of HIV testing information in cases where the person tested is charged with a crime involving sexual behavior, has met and reports that it has agreed upon the following:

1. That the Senate accede to the House amendments made to the bill, as said amendments appear in the rerevised bill.

2. That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendment be recommended:

Amend rerevised bill, page 10, line 16, before "JUDICIAL", insert "ADMINISTRATIVE OR".

Respectfully submitted,

Senate Committee: House Committee:

Dottie Wham Jeanne M. Adkins

Ken Arnold Jennifer Veiga

Joan M. Johnson William G. Kaufman

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PRINTING REPORT

The Chief Clerk reports the following concurrent resolution has been correctly printed: HCR98-1009.

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB98-1123, 1235, 1243, 1323, 1365, 1372, 1375.

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INTRODUCTION OF CONCURRENT RESOLUTION

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

HCR98-1009 by Representatives Dyer and Taylor--Submitting to the registered electors of the state of Colorado an amendment to section 3 of article XXVII of the constitution of the state of Colorado, concerning the use of a specified amount of net lottery proceeds currently allocated to the state general fund for Colorado tourism planning, promotion, and development.

Committee on Business Affairs and Labor.

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INTRODUCTION OF RESOLUTION

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

HJR98-1031 by Representatives Dyer, K. Alexander, G. Berry, Entz, George, Miller, Smith, Sullivant, and Taylor; also Senator B. Alexander--Concerning the endorsement of the modified Animas-LaPlata project.

Committee on Agriculture, Livestock, and Natural Resources.

WHEREAS, Colorado negotiated the Colorado Ute Indian Water Rights Settlement of 1986, which served to resolve all of the reserved water rights claims of the two Colorado Ute Indian Tribes in a way that produced comity, cooperation, and harmony in the allocation of the rivers of Colorado's southwest; and

WHEREAS, A feature of that settlement was the agreement by the State of Colorado, the citizens of Southwestern Colorado, and the two Colorado Ute Indian Tribes that the construction of the Animas­La Plata Project and the allocation of a portion of the water supply from that project to the two tribes would be a part of the resolution of the Colorado Ute Indian reserve water right claims, and in particular those claims associated with the Animas and the La Plata Rivers; and

WHEREAS, Senator Ben Nighthorse Campbell has long been a champion of the Colorado Ute Indian Water Rights Settlement and the construction of the Animas­La Plata Project; and

WHEREAS, The State of Colorado entered into an agreement in principle concerning the Colorado Ute Indian Water Rights Settlement and Binding Agreement for the Animas­La Plata Project Cost Sharing, the other parties to that agreement being the Colorado Water Resources and Power Development Authority, the Animas­La Plata Water Conservancy District, the New Mexico Interstate Stream Commission, Montezuma County, Colorado, the Southern Ute Indian Tribe, the Ute Mountain Ute Indian Tribe, the San Juan Water Commission, and the United States Secretary of the Interior; and

WHEREAS, The agreement provides for the construction of the facilities of the Animas­La Plata Project "or mutually acceptable alternatives" in Phases I and II, for cost sharing of the construction costs of the identified Phase I facilities, and for non­federal financing of the identified Phase II facilities; and

WHEREAS, On December 10, 1986, the State of Colorado, the Southern Ute Indian Tribe, the Ute Mountain Ute Indian Tribe, the San Juan Water Commission, and the United States Department of the Interior, the United States Department of Justice, the Animas­La Plata Water Conservancy District, the Dolores Water Conservancy District, the Mancos Water Conservancy District, the Southwestern Water Conservation District, the city of Durango, Colorado, the town of Pagosa Springs, Colorado, the Florida Farmers Ditch Company, the Florida Canal Company, and Fairfield Communities, Inc., entered into the Colorado Ute Indian Water Rights Final Settlement Agreement; and

WHEREAS, The Congress of the United States adopted and ratified the Colorado Ute Indian Water Rights Settlement by passage of the Colorado Ute Indian Water Rights Settlement Act of 1986; and

WHEREAS, On November 10, 1989, the Colorado Water Resources and Power Development Authority entered into an escrow agreement with the United States Department of the Interior, and the Treasurer of the State of Colorado, pursuant to which certain funds of the Authority were deposited into the Animas­La Plata escrow account with the Treasurer of the State of Colorado for disbursement of up to forty­two million four hundred thousand dollars to the United States to defray a portion of the construction costs of certain Phase I facilities of the Animas­La Plata Project; and

WHEREAS, The escrow agreement provides that upon the occurrence of certain events the authority may order cessation of the disbursements from the escrow account, and in addition, that the escrow agreement will terminate on the occurrence or non­occurrence of certain events; and

WHEREAS, The State of Colorado, acting through the General Assembly, the Colorado Water Resource and Power Development Authority, the Colorado Water Conservation Board, and other state agencies, has fulfilled all of the responsibilities incumbent upon the State of Colorado and arising from the Colorado Ute Indian Water Rights Settlement and the Colorado Ute Indian Water Rights Settlement Act, including participation in the construction of the Dolores Project with irrigation water being delivered to the Ute Mountain Ute Indian Tribe on its reservation, funding the construction of a pipeline to deliver potable water to the town of Towaoc, the successful adoption of water court decrees recognizing the Indian reserved water rights on various tributaries of the San Juan River, and finally the appropriation of funds to defray the construction costs of the Animas­La Plata Project; and

WHEREAS, The State of Colorado, acting through the offices of Governor Roy Romer and Lieutenant Governor Gail Schoettler, has sponsored a series of meetings in an effort to resolve objections to the construction of the Animas­La Plata Project or to seek compromise solutions that meet the purposes of the Animas­La Plata Project in order to allow the fulfillment of the provisions of the Colorado Ute Indian Water Rights Settlement and to reach a consensus that would allow the Animas­La Plata Project construction to proceed; and

WHEREAS, The process convened by Governor Romer and Lieutenant Governor Schoettler produced two proposals to satisfy the Colorado Ute Indian Water Rights Settlement and the goal of the Animas­La Plata Project; and

WHEREAS, The proposal from persons and entities opposing the construction of the Animas­La Plata Project called for a cash settlement fund for the tribes in lieu of the construction of the Animas­La Plata Project, a proposal firmly rejected by both tribes; and

WHEREAS, The second proposal from the Colorado Ute Indian Tribes, the Animas­La Plata Water Conservancy Board of Directors, the Southwestern Water Conservation District, the San Juan Water Commission of New Mexico, and the La Plata Conservancy District of New Mexico proposed to construct a modified and downsized Animas­La Plata Project to settle the tribal rights; and

WHEREAS, Ultimately, Governor Romer and Lieutenant Governor Schoettler endorsed the proposal of the Animas­La Plata Project proponents and joined in rejecting the cash buy­out; and

WHEREAS, The discussion and negotiations among the parties concerned in the development and construction of the Animas­La Plata Project have resulted in the development of a proposal to reconfigure the project by eliminating or delaying the construction of certain facilities; and

WHEREAS, The proposal to modify the project in order to settle the tribal claims contemplates reduction of Colorado's cost­sharing obligation from the Animas­La Plata Project to sixteen million dollars, with the remaining principal of twenty­six million, four hundred thousand dollars currently in the Animas­La Plata escrow account and committed

for cost­sharing on construction of the Project to be held in escrow and not disbursed pending possible future construction of the remaining facilities of the Animas­La Plata Project; and

WHEREAS, The proposal to construct the modified Animas­La Plata Project drastically reduces the federal cost by over half and addresses the concerns for the environment previously expressed; and

WHEREAS, Any further consideration of a cash settlement fund, rejected by the tribes as an alternative to settle the tribal water rights claims, fails to comply with the obligations of the federal government to Colorado; and

WHEREAS, The proposal to construct the modified Animas­La Plata Project to settle tribal claims contemplates the construction of the Ridges Basin Reservoir and the pumping plant and pipeline from the Animas River with the water stored in the reservoir to be used to satisfy the claims of the tribes, and for municipal and industrial purposes without the construction of a transmission facility into the La Plata River drainage or any of the irrigation facilities that had been contemplated for the project; and

WHEREAS, The United States Fish and Wildlife Service has completed its section seven consultation on the project and has authorized the construction of the facilities that are included in the modified Animas­La Plata proposal, together with an entitlement to make an annual 57,100 acre­foot water depletion to the San Juan River system; and

WHEREAS, The project participants have agreed on an allocation of the authorized depletions among themselves and the necessity of constructing the authorized facilities; and

WHEREAS, The United States Bureau of Reclamation has completed a supplemental impact statement at a cost of more than ten million dollars, which evaluated the impacts of constructing the authorized facilities; and

WHEREAS, All environmental laws and regulations of the State of Colorado, the State of New Mexico, and the United States have been addressed; and

WHEREAS, it is necessary to amend the Colorado Ute Indian Water Rights Settlement Act of 1986 to reflect the compromise settlement agreed to by the tribes to secure construction of a modified Animas­La Plata Project; and

WHEREAS, the Colorado Water Conservation Board and the Colorado Water Resources and Power Development Authority have continued to support the construction of the Animas­La Plata Project; and

WHEREAS, the General Assembly wishes to lend its continued support to the construction of the Animas­La Plata Project, and in particular to the full compliance by the United States with the terms of the Colorado Ute Indian Water Rights Settlements; now, therefore,

Be it resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate concurring herein:

(1)  The General Assembly endorses the modified Animas­La Plata Project proposed by the two Colorado Ute Tribes and their non­Indian neighbors;

(2)  The General Assembly commends United States Senator Ben Nighthorse Campbell for his leadership in promoting the Animas­La Plata Project and the Colorado Ute Indian Water Rights Settlement and for his continuing efforts to obtain a compromise acceptable to the two Ute Tribes and their neighbors;

(3)  The General Assembly expresses its support for Governor Romer and Lieutenant Governor Schoettler in their efforts to support and promote this compromise resolution between the two Colorado Ute Tribes and the project proponents;

(4)  The General Assembly expresses its appreciation to the Colorado Ute Tribes for their continued efforts to work with the water users in Southwestern Colorado to ensure that the tribal rights are resolved in a way that avoids taking water from other water users and recognizes that all of the water users in the area must work together to ensure reliable water supplies for all residents of the area;

(5)  The General Assembly expresses its appreciation to the water users in Southwestern Colorado for their support for this resolution of the Indian reserved rights claims, and the General Assembly commends the non­Indian project supporters in achieving a settlement acceptable to the Colorado Ute Indian Tribes;

(6)  The General Assembly expresses its appreciation to the water users in the State of New Mexico and New Mexico's officials and congressional delegation for their support of the negotiations leading to the modified Animas­La Plata Project; and

(7)  The General Assembly urges all members of the Colorado congressional delegation to join Senator Campbell and unanimously endorse the legislative changes necessary to effectuate the modified Animas­La Plata Project and to effectuate the Colorado Ute Indian Water Rights Settlement.

Be it further resolved, That copies of this resolution be sent to each member of the Colorado congressional delegation, the United States Secretary of the Interior, the Administrator of the federal Environmental Protection Agency, each member of the New Mexico congressional delegation, the appropriate officials in each of the Colorado River basin states, the Chairman of the Navajo Nation, the Director of the Native American Rights fund, the Speaker of the United States House of Representatives, and the President of the United States Senate.

_______________

CONSIDERATION OF MEMORIAL

HJM98-1001 by Representative June; also Senators J. Johnson and Bishop--Honoring Former Member John Carroll.

(Printed in House Journal, April 8, 1998, pages 1239-1240.)

The memorial was read at length.

Amendment No. 1, moved by Representative June.

Amend printed joint memorial, page 1, line 13, strike "1962" and substitute "1965".

The amendment was declared passed by viva voce vote.

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

YES 62 NO 0 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander YAllen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean E

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 Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence E

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 E

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.

_______________

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.

HB98-1220 by Representative Taylor; also Senator Wattenberg--Concerning the regulation of plumbers by the board of plumbing examiners, 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 46 NO 16 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon N

Berry, G. Y

Chavez N

Clarke N

Dean E

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon N

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn N

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence E

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 N

Romero N

Salaz Y

Saliman N

Schauer Y

Sinclair Y

Smith Y


Snyder N

Spradley Y

Sullivant Y

Swenson Y

Takis N

Tate E

Taylor Y

Tool Y

Tucker Y

Tupa N

Udall N

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman N

Mr. Speaker Y

HB98-1267 by Representatives Allen, Anderson, and Dean; also Senators B. Alexander and Arnold--Concerning edu-cational reforms.

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 46 NO 16 EXCUSED 3 ABSENT 0

Adkins Y

Agler N

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez N

Clarke N

Dean E

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb N

Grampsas Y

Grossman Y

Hagedorn Y

Hefley N

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz N

Lawrence E

Leyba N

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave N

Nichol Y

Owen Y

Pankey Y

Paschall N

Pfiffner Y

Reeser Y

Romero N

Salaz Y

Saliman N

Schauer Y

Sinclair Y

Smith N


Snyder N

Spradley Y

Sullivant N

Swenson Y

Takis Y

Tate E

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsor added: Representative Tupa.

HB98-1281 by Representative Pfiffner; also Senator Congrove--Concerning expansion of the privatization of bus service operations of the regional transportation district, and making an appropriation in connection therewith.

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 42 NO 20 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson N

Arrington Y

Bacon N

Berry, G. Y

Chavez N

Clarke N

Dean E

Dyer Y

Entz YEpps Y

Faatz Y

George Y


Gordon N

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June N

Kaufman Y

Keller N

Kreutz Y

Lawrence E

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 N

Romero N

Salaz Y

Saliman N

Schauer Y

Sinclair Y

Smith Y


Snyder N

Spradley Y

Sullivant Y

Swenson Y

Takis N

Tate E

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 Allen, Arrington, George, Pankey, Paschall, Sullivant, Mr. Speaker.

________________

On motion of Representative G.Berry, 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.)

HB98-1202 by Representative May; also Senator Powers--Concerning revenues allocated to the capital construction fund for state highway construction projects, and making an appropriation in connection therewith.

Amendment No. 1, Appropriations Report, dated April 7, 1998, and placed in member's bill file; Report also printed in House Journal, April 8, page 1233.

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

HB98-1387 by Representative Faatz; also Senator Lacy--Concerning the enforcement of laws relating to the purchase of tobacco by minors, and making an appropriation therefor.

Amendment No. 1, Finance Report, dated March 18, 1998, and placed in member's bill file; Report also printed in House Journal, March 20, pages 1006-1007.

Amendment No. 2, Appropriations Report, dated April 7, 1998, and placed in member's bill file; Report also printed in House Journal, April 8, pages 1234-1235.

Amendment No. 3, by Representative Faatz.

Amend the Finance Committee Report, dated March 18, 1998, page 1, strike line 1;

line 2, before "line", insert "Amend printed bill, page 3,";

strike lines 3 through 5;

line 7, after "strike", insert "the second";

line 15, strike "ITS" and substitute "THEIR".

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

HB98-1403 by Representatives George, McElhany, and Dyer; also Senators Wham, Ament, and J. Johnson--Concerning the capital development committee, and, in connection therewith, specifying how and when members are appointed and the date by which the chairman and vice-chairman of the committee shall be elected.

Amendment No. 1, State, Veterans, and Military Affairs Report, dated April 7, 1998, and placed in member's bill file; Report also printed in House Journal, April 8, page 1235.

Amendment No. 2, by Representative George.

Amend printed bill, page 2, strike lines 3 through 5 and substitute the following:

"shall be chosen in each house according to the method prescribed by the rules of that house. The committee shall function".

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

HB98-1255 by Representatives Swenson, Dyer, George, Kaufman, and T. Williams; also Senator B. Alexander--Concerning the standardization of crimes whose level of offense depends upon the dollar amount involved.

Amendment No. 1, Judiciary Report, dated February 10, 1998, and placed in member's bill file; Report also printed in House Journal, February 12, pages 477-478.

Amendment No. 2, Appropriations Report, dated April 7, 1998, and placed in member's bill file; Report also printed in House Journal, April 8, pages 1233-1234.

Amendment No. 3, by Representative Swenson.

Amend the Appropriations Committee Report, dated April 7, 1998, page 2, line 12, strike "98-1255;" and substitute "98-1255, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FIRST GENERAL ASSEMBLY;".

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

On motion of Representative Anderson, consideration of HB98-1133 was laid over until April 14, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB98-1202 amended, 1387 amended, 1403 amended, 1255 amended.

Laid over until date indicated retaining place on Calendar:

HB98-1133--April 14, 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 0 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean E

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 Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence E

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 E

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 CONFERENCE COMMITTEE REPORTS

HB98-1015 by Representative Leyba; also Senator Wham--Concerning continuation of the authority of the department of public health and environment to regulate the administration and monitoring of medications in facilities by qualified unlicensed persons.

(Conference Committee Report printed in House Journal April 8, pages 1236-1237.)

The Conference Committee Report was adopted by the following roll call vote:

YES 62 NO 0 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson YArrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean E

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 Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence E

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 E

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 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 62 NO 0 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean E

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 Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence E

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 E

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: Representatives Alexander, Epps, Hefley, Mace, Reeser.

HB98-1130 by Representative Faatz; also Senator Hopper--Concerning crime victim compensation.

(Conference Committee Report printed in House Journal April 8, page 1237.)

The Conference Committee Report was adopted by the following roll call vote:

YES 62 NO 0 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson YArrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean E

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 Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence E

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 E

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 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 62 NO 0 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean E

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 Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence E

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 E

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: Representatives Epps, Hefley, Nichol, Young.

On motion of Representative Anderson, consideration of Conference Committee Report on SB98-76 was laid over until April 20, retaining place on Calendar.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

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

SB98- 026, amended as printed in Senate Journal, April 9, page 739;

HB98-1325, amended as printed in Senate Journal, April 9, page 739.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB98-26 and HB98-1325.

______________

INTRODUCTION OF CONCURRENT RESOLUTION

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

HCR98-1010 by Representatives Grossman and Kaufman--Submitting to the registered electors of the state of Colorado an amendment to article II of the constitution of the state of Colorado, concerning a woman's freedom of reproductive autonomy, and, in connection therewith, specifying that a woman's right of reproductive choice shall be held inviolate.

Committee on State, Veterans and Military Affairs.

_______________

LAY OVER OF CALENDAR ITEMS

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

Consideration of Resolutions--HJR98-1011, 1021, 1020, 1026, 1027, 1028, 1029, 1030, SJR98-20.

Consideration of Senate Amendments--HB98-1012, 1312, 1128, 1016, 1159.

_______________

On motion of Representative Anderson, the House adjourned until 9:00 a.m., April 14, 1998.

Approved:


CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk