Prayer by Rabbi Yaakov Chaitovsky, BMH-BJ
Congregation, Denver.
The Speaker Pro Tempore called the House to order
at 9:00 a.m.
The roll was called with the following result:
Present--61.
Absent and excused--Representatives Gotlieb, Grampsas, Lawrence, Tate--4.
Present after roll call--Representative Grampsas.
The Speaker Pro Tempore declared a quorum present.
_______________
On motion of Representative Veiga, the reading of the journal of April 15, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.
CONSIDERATION OF RESOLUTION
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.
(Printed and placed in member's
files; also printed in House Journal, April 6, 1998, page 1218.)
On motion of Representative Epps, the resolution was read at length and adopted by the following roll call vote:
YES 61 NO 0 EXCUSED 3 ABSENT 1
Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon Y Gotlieb E 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 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.
_______________
House in recess. House reconvened.
_______________
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.
HB98-1037 by Representative
Entz; also Senator Wattenberg--Concerning mileage allowances for
state officers and employees.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
YES 43 NO 16 EXCUSED 5 ABSENT 1
Adkins Y Agler N Alexander Y Allen N Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean NDyer Y Entz Y Epps N Faatz N George Y | Gordon Y Gotlieb E Grampsas N Grossman Y Hagedorn Y Hefley N Johnson Y June Y Kaufman Y Keller Kreutz Y Lawrence E Leyba Y Mace Y May Y McElhany N | McPherson N Miller Y Morrison Y Musgrave N Nichol Y Owen E Pankey N Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y Smith Y | Snyder Y Spradley N Sullivant Y Swenson E Takis N Tate E Taylor Y Tool N Tucker N Tupa Y Udall Y Veiga Y Williams, S. Y Williams, T. Y Young Y Zimmerman Y Mr. Speaker N |
Co-sponsors added: Representatives George, Keller, Smith.
HB98-1075 by Representative
May; also Senator Mutzebaugh--Concerning the registration of motor
vehicles, and, in connection therewith, requiring the periodic
reissuance of all motor vehicle license plates.
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 33 NO 27 EXCUSED 5 ABSENT 0
Adkins Y Agler Y Alexander Y Allen N Anderson Y Arrington N Bacon Y Berry, G. Y Chavez Y Clarke N Dean Y Dyer Y Entz N Epps Y Faatz N George Y | Gordon Y Gotlieb E Grampsas Y Grossman Y Hagedorn Y Hefley N Johnson N June Y Kaufman Y Keller Y Kreutz Y Lawrence E Leyba Y Mace Y May Y McElhany N | McPherson Y Miller N Morrison N Musgrave N Nichol N Owen E Pankey N Paschall Y Pfiffner Y Reeser N Romero N Salaz N Saliman N Schauer Y Sinclair Y Smith N | Snyder N Spradley Y Sullivant N Swenson E Takis N Tate E Taylor N Tool Y Tucker Y Tupa N Udall N Veiga Y Williams, S. Y Williams, T. N Young N Zimmerman N Mr. Speaker Y |
Co-sponsors added: Representatives June, Mace.
HB98-1191 by Representative
Owen; also Senator Rizzuto--Concerning the establishment of defined
contribution plans for specified public employees, and making
an appropriation in connection therewith.
Laid over until April 17, retaining place on Calendar.
HB98-1307 by Representatives
Keller and K. Alexander; also Senator Hopper--Concerning implementation
of the federal "Adoption and Safe Families Act of 1997",
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 60 NO 0 EXCUSED 5 ABSENT 0
Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon Y Gotlieb E 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 E 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 E 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 Chavez, Clarke, Mace, Saliman,
Udall.
HB98-1326 by Representative
Grampsas--Concerning the provision of additional revenue
to municipal governments to meet expenses necessitated by the
advent of limited gaming.
Laid over until April 17, retaining place on Calendar.
HB98-1374 by Representatives
Tucker, Adkins, Kreutz, and McPherson; also Senator Wells--Concerning
strengthening of the statutory provisions concerning post-release
supervision of offenders.
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 8 EXCUSED 5 ABSENT 0
Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez N Clarke N Dean Y Dyer YEntz Y Epps Y Faatz Y George Y | Gordon N Gotlieb E Grampsas Y Grossman Y Hagedorn Y Hefley Y Johnson Y June Y Kaufman Y Keller Y Kreutz Y Lawrence E Leyba N Mace Y May Y McElhany Y | McPherson Y Miller Y Morrison Y Musgrave Y Nichol Y Owen E Pankey Y Paschall Y Pfiffner Y Reeser Y Romero N Salaz Y Saliman Y Schauer Y Sinclair Y Smith Y | Snyder N Spradley Y Sullivant Y Swenson E Takis Y Tate E Taylor Y Tool Y Tucker Y Tupa N Udall Y Veiga Y Williams, S. Y Williams, T. Y Young Y Zimmerman N Mr. Speaker Y |
Co-sponsors added: Representatives Epps, Mace.
HB98-1380 by Representative
Grampsas; also Senator Rizzuto--Concerning pension benefit
amounts provided under the "Volunteer Firefighter Pension
Act".
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 60 NO 0 EXCUSED 5 ABSENT 0
Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon Y Gotlieb E 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 E 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 E 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 Allen, G.Berry, Chavez, Clarke,
Dean, Entz, Epps, Hefley, Kaufman, Keller, Mace, Nichol, Paschall,
Romero, Sullivant, Taylor, Tupa, Udall, S.Williams.
HB98-1394 By Representatives
Pankey, Dean, Entz, Kaufman, Reeser, and Tool; also Senator Blickensderfer--Concerning
the personal identification of persons applying for state benefits.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
YES 59 NO 1 EXCUSED 5 ABSENT 0
Adkins Y Agler Y Alexander YAllen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon Y Gotlieb E 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 E 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 E Takis N 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 |
HB98-1399 by Representatives
Hefley, Gotlieb, Epps, and McElhany; also Senator B. Alexander--Concerning
the establishment of the Colorado youth challenge corps program,
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 55 NO 5 EXCUSED 5 ABSENT 0
Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon Y Gotlieb E Grampsas N 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 N Miller Y Morrison Y Musgrave Y Nichol Y Owen E Pankey Y Paschall Y Pfiffner N Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson E Takis N Tate E Taylor Y Tool Y Tucker Y Tupa Y Udall Y Veiga Y Williams, S. Y Williams, T. Y Young N Zimmerman Y Mr. Speaker Y |
Co-sponsors added: Representatives Dean, Kreutz, Mace, Smith.
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; also Senator Powers--Concerning establishment
of a United States olympic committee special license plate.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
YES 56 NO 4 EXCUSED 5 ABSENT 0
Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz N George Y | Gordon Y Gotlieb E Grampsas Y Grossman Y Hagedorn Y Hefley Y 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 Y Nichol Y Owen E Pankey Y Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y Smith Y | Snyder N Spradley Y Sullivant Y Swenson E 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 SENATE AMENDMENTS TO HOUSE BILL
HB98-1189 by Representatives
Entz and Reeser; also Senator Bishop--Concerning the funding of
Colorado water conservation board projects, and making appropriations
in connection therewith.
(Amended as printed in Senate Journal, April 14,
page 772.)
Representative Entz moved that the House concur
in Senate amendments. The motion was declared passed by
the following roll call vote:
YES 60 NO 0 EXCUSED 5 ABSENT 0
Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz Y Epps YFaatz Y George Y | Gordon Y Gotlieb E 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 E 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 E 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 58 NO 2 EXCUSED 5 ABSENT 0
Adkins Y Agler Y Alexander Y Allen Y 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 E 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 E Pankey Y Paschall N Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson E 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-sponsor added: Representative Musgrave.
________________
On motion of Representative Entz, 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.)
HB98-1092 by Representatives
Kreutz and Pankey; also Senators Coffman and Lacy--Concerning
the creation of a self-sufficiency and employment program for
certain public assistance recipients.
Amendment No. 1, Health, Environment, Welfare and Institutions Report, dated January 21, 1998, and placed in member's bill file; Report also printed in House Journal, January 22, pages 201-204.
Amendment No. 2, Appropriations
Report, dated April 9, 1998, and placed in member's
bill file; Report also printed in House Journal, April 13, page
1273.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1333 by Representatives
May, Adkins, Agler, Allen, Arrington, Bacon, Epps, Gotlieb, S.
Johnson, June, Kaufman, Keller, Kreutz, Lamborn, Lawrence, Mace,
McElhany, McPherson, Musgrave, Nichol, Paschall, Reeser, Sinclair,
Smith, Snyder, Swenson, Tate, Tool, S. Williams, and T. Williams;
also Senator Mutzebaugh--Concerning administration of the excise
tax on fuel.
Amendment No. 1, Finance
Report, dated February 11, 1998, and placed in member's
bill file; Report also printed in House Journal, February 13,
pages 526-527.
Amendment No. 2, Appropriations
Report, dated April 9, 1998, and placed in member's
bill file; Report also printed in House Journal, April 13, pages
1277-1278.
Amendment No. 3, by Representative
May.
Amend the Finance Committee Report, dated February
11, 1998, page 1, strike lines 3 through 9 and substitute the
following:
""SECTION 13. Appropriation. In
addition to any other appropriation, there is hereby";
line 10, strike "general" and substitute
"highway users trust".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB98-1092 amended, 1333
amended.
The Chairman moved the adoption of the Committee
of the Whole Report. As shown by the following roll call vote,
a majority of those elected to the House voted in the affirmative,
and the Report was adopted.
YES 60 NO 0 EXCUSED 5 ABSENT 0
Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. YChavez Y Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon Y Gotlieb E 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 E 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 E 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 |
_______________
REPORTS OF COMMITTEES OF REFERENCE
AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES
After consideration on the merits, the Committee
recommends the following:
HJR98-1031 be referred
out for final action.
FINANCE
After consideration on the merits, the Committee
recommends the following:
SB98-74 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend reengrossed bill, page 2, line 11, strike"FIVE"
and substitute"ONE".
SB98-100 be referred
to the Committee on Appropriations with favorable recommendation.
TRANSPORTATION AND ENERGY
After consideration on the merits, the Committee
recommends the following:
SB98-120 be referred
to the Committee on Appropriations with favorable recommendation.
______________
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on SB98-159
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 98-159,
concerning the obligations of parties to agreements for the payment
of proceeds from the sale of oil and gas, 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 5, strike lines 1 through
8;
line 9, strike "(c)" and substitute "(b)".
Respectfully submitted,
Senate Committee: House Committee:
Tilman Bishop Russell George
Don Ament Matt Smith
Stan Matsunaka Carl Miller
______________
PRINTING REPORT
The Chief Clerk reports the following bill has been correctly printed: HB98-1412.
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB98-1025, 1041, 1140, 1141, 1149, 1165, 1176, 1178, 1300, and 1368.
______________
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: HB98-1007, 1033, 1036, 1039, 1053, 1117, 1154, 1177, 1214, 1215, 1245, 1264, 1269, 1296, 1304, 1371, 1376, and 1395 at 2:00 p.m. on April 15, 1998.
_______________
MESSAGES FROM THE SENATE
Mr. Speaker:
The Senate voted to concur in House Amendments to
SB98-001, 008, 014, 023, 052, 054, and 085 and repassed the bills
as amended.
The Senate has adopted the First Report of the First
Conference Committee on HB98-1059, as printed in Senate Journal,
April 13, pages 751-752, and repassed the bill as amended. The
bill is returned herewith.
The Senate has adopted the First Report of the First
Conference Committee on SB98-013, as printed in Senate Journal,
April 14, page 819, and repassed the bill as amended.
The Senate has adopted the First Report of the First
Conference Committee on SB98-137, as printed in Senate Journal,
April 14, pages 819-820, and repassed the bill as amended.
The Senate has voted not to concur in House Amendments
to SB98-049 and requests that a Conference Committee be appointed.
The bill is transmitted herewith.
The Senate has voted not to concur in House Amendments
to SB98-072 and requests that a Conference Committee be appointed.
The President appointed Senators Coffman, Chm., Hopper, and Pascoe
as members of the First Conference Committee on the part of the
Senate. The bill is transmitted herewith.
The Senate has voted not to concur in House Amendments
to SB98-142 and requests that a Conference Committee be appointed.
The President appointed Senators Wattenberg, Chm., Ament, and
Hernandez as members of the First Conference Committee on the
part of the Senate. The bill is transmitted herewith.
The Senate granted permission to members of the First Conference Committee on HB98-1401 to consider matters not at issue between the two houses.
_________
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes:
SB98- 004, amended as printed in Senate Journal, April 15, page 828;
SB98- 182, amended as printed in Senate Journal, April 15, page 828;
HB98-1256, amended as printed in Senate Journal, March 30, pages 651-657 and 657-658, March 31, pages 671-672, and April 15, page 829, and on Third Reading as printed in Senate Journal, April 16.
_______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended,
SB98-004, 182 and HB98-1256.
______________
INTRODUCTION OF BILLS
First Reading
The following bill was read by title and referred
to the committee indicated:
HB98-1412 by Representatives George, Anderson, Saliman; also Senators Norton and Powers--Concerning the refunding of state revenues in excess of the constitutional limitation on state fiscal year spending for any given fiscal year.
Committee on Finance.
HB98-1413 by Representatives Romero, Owen, and Grampsas; also Senators Rizzuto, Blickensderfer, and Lacy--Concerning restrictions on economic incentives, and, in connection therewith, transferring the authority of boards of education of school districts to negotiate agreements to provide economic incentives to persons or entities creating new business facilities to the Colorado economic development commission and prohibiting the economic development commission from entering into such agreements with, or providing grants or loans from the Colorado development fund to, any person or entity employing persons who are engaged in a labor strike against such a person or entity within Colorado at the time the agreement is to be entered into or the grant or loan is to be approved or made.
Committee on Business Affairs and Labor.
SB98-010 by Senator Ament; also Representative George--Concerning water quality control permit fees, and, in connection therewith, increasing fees for point source discharges, storm water discharges, and industrial pretreatment and making an appropriation.
Committee on Agriculture, Livestock and Natural Resources.
Committee on Appropriations.
SB98-021 by Senator Hernandez; also Representative Mace--Concerning increasing the length of sentence for persons who commit vehicular homicide while in immediate flight from commission of another felony.
Committee on Judiciary.
SB98-022 by Senator Tanner; also Representative George--Concerning increases in travel benefits for service in court proceedings, and making an appropriation therefor.
Committee on Judiciary.
Committee on Appropriations.
SB98-029 by Senators Weddig and Lacy; also Representatives Epps, Lawrence, and Pankey--Concerning the program for aid to the needy disabled.
Committee on Health, Environment, Welfare and Institutions.
SB98-041 by Senator Rupert; also Representative Tate--Concerning female genital mutilation.
Committee on State, Veterans, and Military Affairs.
SB98-053 by Senator Dennis; also Representative Entz--Concerning authorization of special districts to provide services relating to waste disposal.
Committee on Local Government.
SB98-152 by Senator Wattenberg; also Representative George--Concerning an evaluation of the regulatory structure of the retail electric industry in the state of Colorado, and, in connection therewith, establishing an electricity advisory panel, commissioning a study of the issues involved, and making an appropriation.
Committee on Business Affairs and Labor.
Committee on Appropriations.
SB98-154 by Senator Linkhart; also Representative K. Alexander--Concerning a credit against the state income tax for contributions to promote child care in the state.
Committee on Finance.
______________
INTRODUCTION OF CONCURRENT RESOLUTION
The following resolution was read by title and referred
to the committee indicated:
HCR98-1011 by Representatives Leyba, Paschall, Pfiffner, and Tate--Submitting to the registered electors of the state of Colorado an amendment to article XVIII of the constitution of the state of Colorado, concerning the authority of the General Assembly to establish a temporary state-supervised lottery game with net proceeds allocated to the construction of a sports facility designed for use primarily as a National League Football stadium if the registered electors of the Metropolitan Football Stadium District approve a tax increase to fund construction of such sports facility.
Committee on State, Veterans, and Military Affairs.
______________
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title and
referred to the committees indicated:
HJR98-1036 by Representatives
Reeser, Chavez, Dyer, Entz, Hagedorn, Mace, Romero, and Snyder;
also Senators J. Johnson, Congrove, Feeley, Hernandez, Pascoe,
Phillips, Tanner, Thiebaut, Wattenberg, Weddig, and Wells--Concerning
the Aircraft Repair Station Safety Act of 1997.
Committee on Transportation and Energy.
WHEREAS, The Aircraft Repair Station Safety Act of
1997 pending in the federal congress would require all aircraft
maintenance facilities, whether domestic or abroad, to adhere
to the same safety and operating procedures; and
WHEREAS, The Aircraft Repair Station Safety Act of
1997 would provide for more stringent standards for certification
of foreign aircraft repair stations by the Federal Aviation Administration
and would revoke the certification of any repair facility that
knowingly uses defective parts; and
WHEREAS, There are over five hundred fifty persons
with a combined annual income of over twentynine million
dollars employed in the aircraft repair industry in Colorado whose
jobs are at risk of being moved out of the United States unless
foreign aircraft repair stations are required to adhere to our
safety and operating procedures; and
WHEREAS, On January 9, 1997, House Resolution No.
145 was introduced in the House of Representatives of the United
States by Representative Robert Borski; and
WHEREAS, On July 30, 1997, a companion bill, S. 1089,
was introduced in the Senate of the United States by Senator Arlen
Specter; and
WHEREAS, H.R. 145 and S. 1089 both propose to enact
the Aircraft Repair Station Safety Act of 1997; 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 the General Assembly requests the United States
Congress to enact and the President to sign the Aircraft Repair
Station Safety Act of 1997.
Be It Further Resolved, that copies of this Joint Resolution be sent to the President and VicePresident of the United States, the President of the Senate and the Speaker of the House of Representatives of the United States Congress, and to each member of the Congressional delegation from Colorado.
_________
HJR98-1037 by Representative
G. Berry--Concerning a study of higher education organization
and governance.
Committee on Education.
WHEREAS, The current governance structure for higher
education in the state of Colorado was established through legislation
enacted in 1985; and
WHEREAS, The demand and need for higher education
has increased significantly since 1985; and
WHEREAS, An overall review of changes to the higher
education governance structure in the state has not been conducted
since 1985; and
WHEREAS, The voters of Colorado adopted in section
20 of article X of the state constitution in 1992, which limits
the fee and tax revenues that may be collected by the state; and
WHEREAS, Tuition and higher education fees are subject
to the limitations imposed in section 20 of article X of the state
constitution and impact the state's overall revenue calculations;
and
WHEREAS, One effect of the revenue limitations imposed
section 20 of article X of the state constitution is to force
state government, including higher education, to reexamine its
existing method of delivering services and determine whether such
services may be delivered in a more efficient and costeffective
manner; and
WHEREAS, The higher education needs of specific geographic
areas of the state, particularly the rural areas, are not being
adequately served under the current higher education governance
structure; and
WHEREAS, Advances in technology and distance learning
should be explored in the context of their potential to improve
the provision of higher education services; 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) That the staff of the Legislative
Council shall conduct a study of the higher education governance
system in the state of Colorado. The study shall include, but
shall not be limited to, the following:
(a) Examination of the existing higher
education governance structure in the state of Colorado and, to
the extent necessary, an update of the postsecondary education
organizational chart;
(b) Examination of the higher education
governance structures in other states, including, to the extent
necessary, obtaining information and assessments from higher education
experts concerning higher education systems in other states;
(c) Identification of unnecessary duplication
in the areas of administrative oversight, reporting, curriculum,
and personnel management in higher education governance;
(d) Collection of fiscal data from each
higher education governing board in the state relating to administrative
costs, including but not limited to "charge backs" assessed
against institutions;
(e) Examination of annual campus maintenance
costs, including but not limited to costs of deferred maintenance;
(f) Collection of information concerning
capital construction needs for all facilities owned or operated
by state institutions of higher education;
(g) Determination of projected enrollment
growth or decline at state institutions of higher education during
the next five years;
(h) Examination of the current use of
distance learning techniques and technologies by state institutions
of higher education and the potential for increased use of distance
learning techniques and technologies in meeting future demand
for higher education services, especially in rural areas of the
state;
(i) The potential for increased use of
privatization in obtaining and applying distance learning techniques
and technologies by state institutions of higher education;
(j) Review of the role and mission statement
for each state institution of higher education. In reviewing the
institutional role and mission statements, the legislative council
staff shall solicit evaluations of the applicability and relevance
of each institution's role and mission statement from the respective
institution and the Colorado commission on higher education;
(k) Examination and identification of
the geographic distribution of graduate education programs throughout
the state, including but not limited to the sources and accessibility
of such programs, particularly in the rural areas of the state;
and
(l) Examination of migration among higher
education students, including but not limited to why students
choose to attend or leave particular institutions.
(2) That the department of higher education,
the Colorado commission on higher education, the governing boards
of the state institutions of higher education, and the state institutions
of higher education shall cooperate with and, as requested, assist
the Legislative Council staff in completing the study required
in this joint resolution.
(3) That the Legislative Council staff
shall complete the study required in this joint resolution and
deliver a report of the study results to each member of the Education
Committees of the House of Representatives and the Senate and
the Joint Budget Committee of the General Assembly on or before
October 15, 1998. In addition, the Legislative Council staff shall
provide a copy of said report to any member of the General Assembly
upon request.
(4) That, during the first full week of
the first regular session of the sixtysecond general assembly,
the Education Committees of the House of Representatives and the
Senate and the Joint Budget Committee of the General Assembly
shall hold a joint meeting to consider the report prepared by
the Legislative Council staff pursuant to this joint resolution.
The agenda for the joint Education Committee and Joint Budget
Committee meeting shall include but shall not be limited to the
following issues:
(a) How to address the growth or decline
in higher education projected for the next five years;
(b) How to meet the higher education needs
of diverse populations, including but not limited to the needs
of persons living in rural areas of the state;
(c) How state institutions of higher education
can more effectively and costefficiently use distance learning
to meet the needs of higher education and the demands of populations
throughout the state, including consideration of appropriate areas
for privatization in the delivery of distance learning services;
(d) How the existing higher education
governance structure may be consolidated or otherwise realigned
to more effectively and efficiently meet the administrative needs
and the goals of state institutions of higher education, including
but not limited to the fiscal impact of any consolidation or realignment;
(e) Whether the role and mission statements
for the state institutions of higher education should be updated;
(f) Whether the existing physical facilities
and human resources at state institutions of higher education
may be managed and used in a more efficient and costeffective
manner;
(g) The distribution and organization
of higher education campuses throughout the state, including but
not limited to whether the existing campus structures are the
most efficient and effective means of delivering higher education
services to persons in all areas of the state;
(h) Any legislative changes that may be
necessary to improve the existing state system of higher education
to enhance productivity and efficiency in the statewide delivery
of higher education services to the people of Colorado.
(5) That representatives from the Colorado
commission on higher education and from each higher education
governing board in the state shall attend the joint meeting required
in this joint resolution and provide recommendations addressing
each of the issues identified as agenda items for the joint meeting.
(6) That all expenditures incurred while conducting the study required by this joint resolution shall be approved by the chairperson of the Legislative Council and paid as provided by law from moneys allocated to the Legislative Council for legislative studies from appropriations made by the General Assembly.
_________
HJR98-1038 by Representative
Smith; also Senator Bishop--Concerning an interim committee on
commuter airlines.
Committee on Transportation and Energy.
WHEREAS, Commuter airlines provide an important link
between smaller communities and urban centers of Colorado, helping
to maintain connections between the residents of this state who
live in both small communities and urban centers of this state;
and
WHEREAS, Commuter airlines provide similar benefits
to the residents of the states that surround Colorado; and
WHEREAS, Stable and viable commuter service improves the overall hub service to the region; and
WHEREAS, Determining the current viability of commuter
airlines as indicated by the number of flights made by such airlines,
the originations and destinations of flights, and whether such
flights have been cancelled or delayed, and the costs of tickets
for such flights, is important to the formation of sound public
policy; and
WHEREAS, Collective action between Colorado officials
and officials from the surrounding states would be beneficial
to the future of commuter airline service; 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) That there shall be a committee to
meet in the interim after the 1998 Second Regular Session of the
Sixtyfirst General Assembly to review and discuss the current
viability of the commuter airlines operating in Colorado and to
make recommendations on improvements in commuter air services
in Colorado. Such committee shall attempt to meet with representatives
from the states of Wyoming, Nebraska, Kansas, New Mexico, and
Utah to review and discuss the commuter airlines operating in
Colorado and the surrounding states and make recommendations on
improvements in commuter air services in these states. Such interim
committee shall consist of six members of the General Assembly.
Three of such members shall be from the Senate, comprising two
appointed by the President of the Senate and one appointed by
the Minority Leader, and three of such members shall be from the
House of Representatives, appointed by the Speaker of the House
of Representatives, two from the majority party and one from the
minority party. The committee may consider, but need not be limited
to, the following:
(a) Commuter airline services provided
to the residents of Colorado, and if appropriate, residents of
the surrounding states;
(b) The availability, cost, timeliness,
and longterm viability of such commuter airline services
provided to the residents of Colorado, and if appropriate, residents
of the surrounding states;
(c) Findings and recommendations for improving
the availability, cost, timeliness, and longterm viability
of such commuter airline services provided to the residents of
Colorado, and if appropriate, residents of the surrounding states;
and
(d) Findings and recommendations for collective action
between Colorado, the surrounding states, if appropriate, and
the federal government for improving the availability, cost, timeliness,
and longterm viability of such commuter airline services
provided to the residents of Colorado, and if appropriate, residents
of the surrounding states.
(2) That in conducting such meetings,
the interim committee shall attempt to consult with the Colorado
Division of Aeronautics and similar delegations made up of elected
officials and state aviation officials from the states of Wyoming,
Nebraska, Kansas, New Mexico, and Utah, and such other states
as may have significant commuter airline links with Colorado.
The committee may consult with appropriate local, state, and federal
agencies and interested members of the public and may hold and
attend public hearings in locations outside the Denver metropolitan
area, and outside the state of Colorado as may be deemed necessary
for purposes of the meetings. The meetings may involve the participation
of officials and employees of commuter airlines operating in Colorado
and the surrounding states. The committee may meet two or more
times to conduct its business. The meetings shall not require
additional staff for any state agency or any additional appropriation
to such state agency.
(3) That the Legislative Council shall
report the findings and recommendations of the interim committee
to the 1999 First Regular Session of the Sixtysecond General
Assembly.
(4) That all expenditures incurred in the conduct of the meetings enumerated in this resolution shall be approved by the chairperson of the Legislative Council and paid by vouchers and warrants drawn as provided by law from funds allocated to the Legislative Council from appropriations made by the General Assembly.
_________
HJR98-1039 by Representatives
Smith, K. Alexander, Dyer, Entz, George, S. Johnson, Miller, Reeser,
Schauer, Taylor, and Young; also Senators Ament, Bishop, Chlouber,
Dennis, Hopper, and Wattenberg--Concerning the Bureau of Land
Management's premature designation of wilderness in western Colorado.
Committee on Agriculture, Livestock and Natural Resources.
WHEREAS, In 1997, the United States Bureau of Land
Management (BLM) initiated in Colorado a wilderness reinventory
of public lands beginning in western Colorado and including lands
in Moffat, Mesa, Rio Blanco, Garfield, Montrose, Eagle, Delta,
Fremont, Teller, El Paso, Chaffee, Montezuma, Hinsdale, Pitkin,
San Miguel, Dolores, Conejos, and Gunnison counties; and
WHEREAS, To date, six areas in western Colorado have
been reinventoried by the BLM for roadless or wilderness designation
potential and are being managed to protect the potential, but
not necessarily identified, wilderness values as the review process
proceeds; and
WHEREAS, By managing lands as de facto wilderness
areas, the BLM has determined to hold oil and gas leasing in abeyance
and to limit other discretionary multiple uses on such lands until
Congress determines whether the areas qualify for wilderness designation
under the federal "Wilderness Act"; and
WHEREAS, Numerous questions have been raised regarding
the BLM's authority to reinventory these lands for wilderness
designation, and what, if any, meaningful public review has or
will occur; and
WHEREAS, All Colorado BLM lands were reviewed under
the initial wilderness study process as directed under the wilderness
provisions of Section 603 of the federal "Land Policy Management
Act" (FLPMA) and officially completed in November 1980, and
after numerous opportunities for public input and comment, including
public hearings, over 800,000 acres were designated Wilderness
Study Areas, only then to be managed as wilderness under the interim
wilderness management guidelines, with 400,000 acres subsequently
recommended to the President for designation as wilderness; and
WHEREAS, Under Section 603 of FLPMA, the BLM completed
the wilderness study and made its recommendations to the President
in 1991 and the President submitted his recommendations for wilderness
to Congress in 1993; and
WHEREAS, The lands currently selected for wilderness
reinventory in 1997 were rejected by the BLM in the 1980's as
not meeting wilderness criteria; and
WHEREAS, The BLM appears to be reinterpreting its
roadless criteria in order to increase the amount of land eligible
for consideration for wilderness designation by reevaluating approximately
one million acres of land even though such land did not previously
meet wilderness criteria and no significant new information has
been presented to the BLM on these land issues; and
WHEREAS, The BLM is continuing to reinventory such
lands prematurely before Congress has acted on the President's
recommendations; and
WHEREAS, The BLM is holding in abeyance multiple
use activities on lands included as part of the reinventory resulting
in detrimental economic impacts to the citizens of Colorado; now,
therefore,
Be It Resolved by the House of Representatives
of the Sixtyfirst General Assembly of the State of Colorado,
the Senate concurring herein:
That we, the members of the Colorado General Assembly,
hereby request:
(1) That BLM lands continue to be managed
to allow for multiple uses in accordance with existing resource
management plans until such time as plan amendments have been
lawfully adopted; and
(2) That the United States Congress place
a moratorium on any further funding to the BLM for the purpose
of carrying out such roadless or wilderness reinventories until
Congress acts on the President's 1993 recommendations.
Be It Further Resolved,
That copies of this Joint Resolution be transmitted to the President
of the United States, the United States Secretary of the Interior,
the Director of the United States Bureau of Land Management, the
President of the United States Senate, the Speaker of the United
States House of Representatives, and to each member of Colorado's
delegation in the United States Congress.
_________
The following resolution was read by title and laid
over one day under the rules:
HJR98-1040 by Representatives
Schauer, Agler, Allen, Anderson, Arrington, Grampsas, Kreutz,
McPherson, Pankey, Pfiffner, Sullivant, Tucker, and S. Williams;
also Senators Hopper, Blickensderfer, Coffman, Feeley, Lacy, Mutzebaugh,
Perlmutter, Schroeder, and Weddig--Honoring Congressman Daniel
L. Schaefer for his twenty-five years of dedicated public service
to the citizens of the state of Colorado.
WHEREAS, 1998 marks Daniel L. Schaefer's twentyfifth
year of dedicated public service to the state of Colorado; and
WHEREAS, Dan Schaefer served in the Colorado State
House of Representatives from 1977 to 1978 and in the Colorado
State Senate from 1979 to 1983; and
WHEREAS, As a member of the Colorado House of Representatives,
Representative Dan Schaefer held the position of vicechairman
of the House Rules Committee and served as a member of the Transportation,
Appropriations, and Energy Committees; and
WHEREAS, As a member of the Colorado Senate, Senator
Dan Schaefer served as vicechairman of the State Affairs
Committee and served as a member of the Agriculture, Natural Resources
and Energy, and Transportation Committees; and
WHEREAS, In 1983, Daniel L. Schaefer was elected
to represent Colorado's Sixth Congressional District in the United
States House of Representatives, replacing Apollo 13 astronaut
Jack Swigert; and
WHEREAS, Representative Dan Schaefer made his move
to Washington, D.C. with two major goals in mind: To ensure domestic
tranquility against the Cold War and to relieve future generations
of the burden of decades of deficitfinanced federal spending;
and
WHEREAS, As a member of Congress, Representative
Dan Schaefer cochaired Congressional Leaders United for
a Balanced Budget and authored the 1995 Balanced Budget amendment
to the United States Constitution, which made major gains in the
House of Representatives, receiving a twothirds vote on
the House floor only to be killed by the Senate; and
WHEREAS, Representative Dan Schaefer, in each of
his fifteen years in Congress, sponsored the Balanced Budget Amendment
Act to restore fiscal stability to our nation; and
WHEREAS, In order to provide tax fairness and justice
to the citizens of Colorado and the United States, Representative
Dan Schaefer sponsored the National Retail Sales Tax that would
eliminate the national income tax; and
WHEREAS, During his fifteen years as a member of
the U.S. House of Representatives, Representative Dan Schaefer,
in recognition of Colorado's rapid population growth, steadfastly
safeguarded the transportation interests of both his constituents
and the residents of Colorado by obtaining funding for the construction
of highway C470, the Southwest Light Rail Corridor, the
Highway 73 and 74 Intersection, the I225/Iliff Avenue Interchange,
the C470/I70 Interchange, and rail grade separations
and by sponsoring the legislative language authorizing the Mineral
Avenue crossing; and
WHEREAS, Representative Dan Schaefer opened
and extended to the young people of his district every congressional
opportunity available to youth such as the Academy Nominations,
the "Artistic Discovery" high school art competition,
and the Congressional Awards program; and
WHEREAS, Representative Dan Schaefer, ever mindful
of Colorado's great and unique environment, sponsored and obtained
passage of the Federal Facility Compliance Act, the Leaking Underground
Storage Tank Hazardous Material Cleanup Act, and the Waste
Isolation Pilot Plant Withdrawal Amendment Act (expediting its
opening), and he established the first Congressional Renewable
Energy Caucus; and
WHEREAS, Although a devoted Republican, Representative
Dan Schaefer has dedicated himself to fostering positive, bipartisan
problemsolving efforts among all the members of Congress
by establishing such organizations as the House Renewable Energy
Caucus, the House Trails Caucus, and the Mainstream Conservative
Alliance; and
WHEREAS, Representative Dan Schaefer assured his
constituents of constant accessibility to his office by establishing
citizen advisory committees on issues pertaining to senior citizens,
veterans, education, and small business; and
WHEREAS, Representative Dan Schaefer has been an
active participant in the Western Caucus, the Small Business Survival
Caucus, the Congressional Oil and Gas Forum, the Speaker's Environmental
Task Force, and the Congressional Grace Caucus; and
WHEREAS, Locally, Representative Dan Schaefer
is a member of the Drug Prevention Task Force for JeffCo Schools,
the Littleton Business Association, the future Fitzsimons Initiative,
and the Chambers of Commerce for Aurora, Englewood, Evergreen,
Conifer, Golden, South Metro, and The West; and
WHEREAS, Representative Dan Schaefer's many
achievements and accomplishments have been acknowledged by many
groups through the granting of many prestigious awards including:
An Honorary Doctor of Laws from Niagara University, the "Taxpayers'
Friend" Award from the National Taxpayers' Union, U.S. Geothermal
Energy Industry's 1996 "Person of the Year", Colorado
United Veterans Committee's "Congressman of the Year",
and the "Spirit of Enterprise" Award given by the U.S.
Chamber of Commerce, to name a few; and
WHEREAS, This last January, Representative Dan Schaefer
formally announced that he has decided not to seek reelection
to Congress, marking the closing of a chapter in an accomplished
career of local, state, and federal public service; 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, with the retirement of Daniel L. Schaefer
from the United States Congress, the citizens of the State of
Colorado, and especially the citizens of the Sixth Congressional
District, will be losing a great and dedicated public servant
who has worked hard and selflessly provided his services in the
public sector.
Be It Further Resolved,
That it is with great pride and admiration that we, the members
of the Colorado General Assembly, pay honor and respect to Daniel
L. Schaefer, a man of principle and integrity who has given
of himself in order to enhance the lives of the citizens of the
State of Colorado.
Be It Further Resolved,
That we, the members of the General Assembly, on behalf of the
entire State of Colorado, extend our most heartfelt thanks to
Daniel L. Schaefer for all his years of devoted public service.
Be It Further Resolved, That a copy of this Resolution be sent to Daniel L. Schaefer and his wife Mary, his children Danny, Darren, Joel, and Jennifer, and to the Congressional delegation from the State of Colorado.
_________
The following resolutions were read by title and
referred to the committees indicated:
HJR98-1041 by Representatives
McPherson, Anderson, Adkins, Agler, Kaufman, Salaz, Tucker, and
T. Williams--Concerning Colorado's self-audit law and the EPA.
Committee on Judiciary.
WHEREAS, The General Assembly of the State of Colorado
enacted Senate Bill No. 94139 in May, 1994, to benefit the
environment by encouraging regulated entities to perform voluntary
environmental selfaudits in order to ascertain the entities'
compliance with environmental requirements and voluntarily disclose
violations discovered in the audits; and
WHEREAS, The environmental selfaudit law has
encouraged companies to perform selfaudits and to correct
violations found in those audits, thus resulting in a positive
environmental gain for the state; and
WHEREAS, the federal Environmental Protection Agency
(EPA) is attempting to undermine Colorado's selfaudit law
by taking enforcement actions against Colorado companies that
disclosed and corrected violations discovered through a selfaudit;
now, therefore,
Be It Resolved by the House of Representatives of the Sixty-first General Assembly of the State of Colorado, the Senate concurring herein:
That we, the members of the Colorado General Assembly,
hereby request the Attorney General and the Executive Branch of
the State of Colorado to take whatever steps are necessary to
discourage EPA from engaging in overfiles or enforcement actions
against companies that have disclosed and resolved violations
under Senate Bill No. 94139.
Be It Further Resolved, That copies of this Resolution be transmitted to each member of Colorado's Congressional delegation, to the Administrator of the EPA, and to the President of the United States.
_________
HJR98-1042 by Representatives
Anderson, Dean, Allen, C. Berry, Grampsas, June, and Reeser; also
Senator Wells--Concerning opposition to the legalization of marijuana
for medicinal purposes.
Committee on Judiciary.
WHEREAS, We the elected representatives of the citizens
of the state of Colorado are committed to protecting the health
and safety of our citizens, especially our children; and
WHEREAS, Our state is now under attack by groups
of persons who are part of a wellorganized and wellfinanced
national movement to legalize marijuana, which groups are targeting
Colorado by organizing an initiative campaign to place on the
ballot for the next general election a measure to legalize marijuana
in the Constitution of Colorado; and
WHEREAS, One initiative petition that is currently
being circulated misleads the voters of Colorado to believe that
there are medicinal uses for marijuana; however, the American
Medical Association, the American Cancer Society, and other medical
associations have rejected marijuana as a medicine; and
WHEREAS, Research demonstrates that marijuana actually
harms the brain, heart, lungs, and immune system and that it impairs
learning, memory, perception, judgment, and the ability to operate
a motor vehicle; and
WHEREAS, Marijuana is classified as a Schedule I
controlled substance under federal law, indicating that it has
a high potential for abuse and that it is recognized as a gateway
substance of abuse that frequently leads to the abuse of other
drugs, including cocaine, "crack" cocaine, methamphetamine
("speed"), and heroin; and
WHEREAS, There are safe, effective, legal, medical
alternatives for those suffering with chronic pain and other medical
problems; and
WHEREAS, The legalization of marijuana would decrease
the perception of risk associated with the abuse of drugs, especially
in the eyes of our youth; and
WHEREAS, The proportion of drug possession arrests
attributable to juveniles has increased by three hundred twentyseven
percent in Colorado between the years 1991 and 1996; 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 the General Assembly hereby opposes any effort
to mandate in the Constitution of Colorado that marijuana be described
as medicine or that the possession and use of it be decriminalized
for medicinal or any other purpose.
Be It Further Resolved, That any information provided to the general public that attempts to mislead the public into believing that marijuana has medicinal uses for which less harmful, legal, and medical substitutes could be utilized is hereby rejected.
______________
The following resolution was read by title and laid
over one day under the rules:
HR98-1009 by Representatives
Tucker, Agler, Entz, K. Alexander, G. Berry, Dyer, Faatz, George,
Hagedorn, S. Johnson, June, Kaufman, Kreutz, Mace, May, McPherson,
Miller, Morrison, Paschall, Reeser, Smith, Spradley, Swenson,
Tate, Taylor, Tool, Tupa, T. Williams, and Zimmerman--Proclaiming
the week of April 19 through April 25, 1998, to be National County
Government Week in the State of Colorado.
WHEREAS, America's earliest immigrants placed great
faith in the county form of government, which traces its roots
to the English shire; and
WHEREAS, In forming the government of the United
States, the framers of the constitution gave great weight to the
importance of county government and its value to both state and
federal government; and
WHEREAS, County government has a long history in
Colorado, preceding both state and territorial government in the
state; and
WHEREAS, In the last century, Colorado's counties
have become more independent, proactive, and responsive to the
needs of their residents; and
WHEREAS, Counties became political subdivisions of
the state to provide local government to their residents and serve
as an administrative arm of state government; and
WHEREAS, Colorado's counties have vast responsibilities
related to: Administrative and legislative policymaking;
delivery of the state's human services; law enforcement and jail
facilities; land use planning; and the construction, maintenance,
and repair of over 3,200 county bridges and over 58,000 miles
of county roads; and
WHEREAS, The responsibilities of counties have increased
and diversified as a result of major policy changes such as welfare
reform; and
WHEREAS, County commissioners are elected to oversee
and manage a county's administrative, budgetary, and policymaking
functions; and
WHEREAS, All elected county officers must exercise
discretion in the performance of their duties and functions, and
the level of sophistication, background, and training needed to
function effectively increases with each passing year; and
WHEREAS, The needs of Colorado's local communities
range as widely as the state's geographic landscape and empowering
counties to exercise local control and decisionmaking allows
local governments the flexibility needed to meet their diverse
needs; and
WHEREAS, County officials recognize that all levels
of government need to form a strong partnership with each other
to coordinate planning functions and implement policies; now,
therefore,
Be It Resolved by the House of Representatives
of the Sixtyfirst General Assembly of the State of Colorado:
That we, the members of the House of Representatives,
proclaim the week of April 19 through April 25, 1998, to be National
County Government Week in the State of Colorado.
Be It Further Resolved, That
the State of Colorado encourages the continuation of its partnership
with the 63 counties and pledges a commitment of ongoing cooperation
to help counties meet the needs of their citizens.
______________
INTRODUCTION OF MEMORIAL
The following memorial was read by title and laid
over one day under the rules:
HM98-1006 by Representative
Udall--Memorializing former Representative Patricia Burrows.
WHEREAS, By the Will of Divine Providence, our beloved
former member, the Honorable Patricia Eastman Burrows, departed
this life February 13, 1998, at the age of 72; and
WHEREAS, Representative Burrows was born April 21,
1925, in Chamberlain, South Dakota to Thomas Eastman and Ella
Jones Eastman; and
WHEREAS, Representative Burrows received a bachelor's
degree in political science in 1947 from the University of Colorado,
a Colorado teacher's certificate in 1955, and a law degree in
1973 from the University of Denver College of Law; and
WHEREAS, Representative Burrows taught elementary
school from 1952 to 1962 in Boulder, Adams, and Jefferson counties
and business law at the University of Colorado at Denver from
1978 to 1980; and
WHEREAS, From 1975 to 1977, Representative Burrows
was a deputy district attorney for the 17th Judicial District,
in Adams county, and she maintained a private practice of law
from 1977 to 1980, and was a Boulder County Court judge from 1980
to 1983, when she retired; and
WHEREAS, In 1974, Representative Burrows was elected
to the House of Representatives, thus fully exhibiting her passion
for the legal profession and public service; and
WHEREAS, In her term of office, Representative Burrows
was the vicechair of the Judiciary committee, and was a
member of both the Transportation and Energy and Education committees;
and
WHEREAS, Representative Burrows sponsored legislation
on medical malpractice, college scholarship aid for women athletes,
state inheritance tax equity for widows, nuclear plant safety,
and designating Eldorado Canyon as a state park; and
WHEREAS, Representative Burrows was a member of Governor
Richard Lamm's Rocky Flats Task Force, as well as on the governor's
committees on Criminal Justice, Energy Conservation Standards
and Goals, and Accessibility and Confidentiality of Criminal Records;
and
WHEREAS, It is fitting that we, the members of the
House of Representatives of the Sixtyfirst General Assembly,
pay tribute to the years of dedicated public service by Representative
Patricia Burrows and express our deep regret and sorrow occasioned
by her death; now, therefore,
Be It Resolved by the House of Representatives
of the Sixtyfirst General Assembly of the State of Colorado:
That, in the death of Patricia Burrows, the people
of the State of Colorado have lost an outstanding citizen and
a devoted public servant and that we, the members of the House
of Representatives of the Sixtyfirst General Assembly, do
hereby extend our deep and heartfelt sympathy to the members of
her family and pay tribute to a woman who served her community
and the State of Colorado well and faithfully.
Be It Further Resolved,
That a copy of this Memorial be sent to her husband, Lewis, her
son David of Seattle, and her daughters Lynne and Laurel of Denver,
and Jill of Grants Pass, Oregon.
_______________
House in recess. House reconvened.
______________
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title and
referred to the committees indicated:
HJR98-1043 by Representatives
Young, K. Alexander, May, McPher-son, Reeser, Smith, Spradley,
and Taylor; also Senator Ament--Concerning the "Food Quality
Protection Act".
Committee on Agriculture, Livestock and Natural Resources.
WHEREAS, The federal "Food Quality Protection
Act", enacted on August 3, 1996, accomplishes many key objectives
relating to pesticide use and food safety, including repeal of
the obsolete, zero-risk Delaney Clause which threatened cancellation
of more than one hundred crop chemical registrations; and
WHEREAS, The "Food Quality Protection Act"
contains other beneficial provisions, including national uniformity
for food chemical residues and expedited registration for new
cropprotection compounds; and
WHEREAS, The "Food Quality Protection Act"
establishes an extra margin of safety for residues on food consumed
in high amounts by infants and children; and
WHEREAS, The "Food Quality Protection Act"
requires the United States Environmental Protection Agency (EPA)
to consider chemical exposure from sources other than food, such
as drinking water and home pesticide use; and
WHEREAS, The "Food Quality Protection Act"
requires the EPA to consider common mechanisms of toxicity from
similar chemicals; and
WHEREAS, Recent action by the EPA indicates that
the agency's promises may not be kept and that the EPA is not
living up to the spirit or the letter of the law, or to Congressional
intent; and
WHEREAS, The new standard for safe chemical residues
is being interpreted by the EPA to be essentially the same as
the obsolete zero-risk Delaney Clause, thereby thwarting Congressional
intent; and
WHEREAS, The extra margin of safety for infants and
children has triggered denial of registrations for cropprotection
products without demonstrated detrimental health effects to infants
and children; and
WHEREAS, Implementation of the "Food Quality
Protection Act" has not followed normal administrative procedures
for federal rulemaking; and
WHEREAS, There has been little or no opportunity
for notice and comment on proposed policy decisions; and
WHEREAS, The EPA has failed in its responsibility to expedite registrations of new cropprotection compounds to replace those that may be lost; now, therefore,
Be It Resolved by the House of Representatives
of the Sixty-first General Assembly of the State of Colorado,
the Senate concurring herein:
That the Colorado General Assembly expresses concern
with the United States Environmental Protection Agency's implementation
of the federal "Food Quality Protection Act", and strongly
urges the Environmental Protection Agency and the federal Executive
Branch to implement the law as Congress intended.
Be it further resolved, That copies of this Joint Resolution be sent to the President of the United States, the administrator of the United States Environmental Protection Agency, and to each member of Colorado's delegation to the United States Congress.
_________
HJR98-1044 by Representatives
Paschall, Agler, Dean, Musgrave, and Pankey--Concerning Self-Regulatory
Organizations.
Committee on Business Affairs and Labor.
WHEREAS, The Department of Regulatory Agencies includes
some 23 regulatory boards for the regulation of various professions
and occupations; and
WHEREAS, Until recently, such boards were subject
to periodic review by a special, joint Sunrise and Sunset Review
Committee of the General Assembly; and
WHEREAS, In 1996, the Sunrise and Sunset Review Committee
was abolished and the task of reviewing regulatory boards was
assigned to standing committees of the General Assembly; and
WHEREAS, The task of conducting such reviews is arduous,
timeconsuming, and of dubious benefit to the citizens of
Colorado; and
WHEREAS, The supervision of regulated professions
and occupations can be accomplished more efficiently, at lower
cost, and with less government intrusion if businesses are made
answerable to their peers and motivated by an enlightened selfinterest;
and
WHEREAS, A system of private regulation through SelfRegulatory
Organizations (SROs) could perform the functions now served by
government regulation without the attendant problems and could
bring these benefits to the citizens of Colorado; 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) That there shall be a committee to
meet in the interim after the 1998 Second Regular Session of the
Sixtyfirst General Assembly to study the shortterm
and longterm effects of selfregulation of professions
and occupations that are currently regulated under title 12, Colorado
Revised Statutes. Such interim committee shall consist of eleven
members of the General Assembly. Five of such members shall be
from the Senate, comprising three appointed by the President of
the Senate and two appointed by the Minority Leader, and six of
such members shall be from the House of Representatives, appointed
by the Speaker of the House of Representatives. At least one member
of the interim committee from the Senate and one from the House
of Representatives shall be from west of the Continental Divide.
The interim committee may consider, but need not be limited to,
the following:
(a) An overview of the condition of industry
regulation in Colorado and its effectiveness and efficiency; and
(b) Whether or not a system of private
regulation through SROs could effectively replace the current
method of regulation; and
(c) How the citizens of the state would
benefit by the selfregulation of certain professions and
occupations; and
(d) What legal implications exist in the
transition from current regulation by the state of certain professions
and occupations to their regulation through SROs; and
(e) If selfregulation of any professions
and occupations has been implemented in any other state and, if
so, its effectiveness; and
(f) Methods to implement a system of private
regulation of professions and occupation through SROs.
(2) That, in conducting such study, the
interim committee may consult, as may be required, with appropriate
local, state, and federal agencies and interested members of the
public and may hold public hearings in locations of the state
outside the Denver metropolitan area as deemed necessary for purposes
of the study. The study shall not require additional staff for
any state agency or any additional appropriation to any such state
agency.
(3) That the Legislative Council shall
report its findings and recommendations to the 1999 First Regular
Session of the Sixtysecond General Assembly.
(4) That all expenditures incurred in the conduct of the study enumerated in this resolution shall be approved by the chairperson of the Legislative Council and paid by vouchers and warrants drawn as provided by law from funds allocated to the Legislative Council from appropriations made by the General Assembly.
_________
HJR98-1045 by Representatives
Pankey and Mace; also Senator Blickensderfer--Concerning the appointment
of a committee to determine the feasibility of constructing a
nondenominational chapel in the state Capitol.
Committee on State, Veterans and Military Affairs.
WHEREAS, The Founding Fathers of our great nation
offered prayers at the convention at which they created our United
States constitution; and
WHEREAS, Our currency and many of our postage stamps
bear witness to our long history of belief in a higher power,
and many of our national and Colorado leaders have acknowledged
their personal trust in a Supreme Being; and
WHEREAS, The United States Congress has acknowledged
the vital role of spirituality in American life by setting aside
a special room near the rotunda of the United States Capitol where
members of Congress can pray and meditate; and
WHEREAS, Both Congress and the Colorado General Assembly
open all of their sessions with prayer; and
WHEREAS, The preamble to the Colorado constitution
recognizes the value of spirituality to Coloradans by stating
that the state constitution is ordained and established with "profound
reverence for the Supreme Ruler of the Universe"; and
WHEREAS, The great tradition of moral conviction
and strength gained through spiritual fulfillment echoes resoundingly
throughout our history and makes it fitting that the General Assembly
should have, in the State Capitol, a nondenominational chapel
where its members may seek spiritual comfort and strength through
prayer, meditation, and reflection; and
WHEREAS, It is the intent of the General Assembly
that the construction of a nondenominational chapel in the State
Capitol shall be funded entirely through private contributions,
and that no state funds shall be allocated for the construction
of a chapel in the State Capitol; 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) That a state capitol building chapel
committee shall be formed to determine the feasibility of setting
aside space for and constructing a nondenominational chapel in
the State Capitol to be used primarily by members of the General
Assembly for prayer, meditation, and quiet reflection. The committee
shall consist of nine members, who shall serve without compensation
or reimbursement of expenses and shall be appointed no later than
July 1, 1998, as follows:
(a) Three members of the committee, no
more than two of whom shall be from the same political party,
to be appointed by the Speaker of the House of Representatives
from among the members and former members of the House of Representatives;
(b) Three members of the committee, no
more than two of whom shall be from the same political party,
to be appointed by the President of the Senate from among the
members and former members of the Senate;
(c) Three members of the committee, all
of whom shall be of different religious faiths, to be appointed
by the Governor.
(2) That the committee shall hold its
first meeting no later than September 1, 1998, and shall provide
a written recommendation regarding the feasibility of constructing
a nondenominational chapel in the State Capitol to the state capitol
building advisory committee created in section 2482108,
Colorado Revised Statutes, no later than January 30, 1999. If
the committee determines that it is feasible to construct a chapel,
it shall continue to meet as often as necessary but no less frequently
than once every three months until a chapel is constructed or
the committee determines that the construction of a chapel is
no longer feasible. In determining whether the construction of
a nondenominational chapel in the State Capitol is feasible, the
committee shall consider, but need not be limited to, the following:
(a) The extent to which there is available
space to construct a chapel in the State Capitol;
(b) The total costs related to constructing
and furnishing a chapel; and
(c) The constitutional implications of
constructing a chapel on state property.
(3) That, in determining whether the construction
of a nondenominational chapel in the State Capitol is feasible,
the committee may consult with appropriate local, state, and federal
agencies and interested members of the public and may hold public
hearings as it deems necessary.
(4) That it shall be the duty of the committee
to make every effort to solicit sufficient funds to construct
a nondenominational chapel in the State Capitol, and the committee
shall be authorized to accept gifts, grants, or donations of any
kind from any private source to be used for the construction of
such a chapel if such construction is deemed feasible.
(5) That it is the intent of the General Assembly that all such gifts, grants, or donations be transmitted to the state treasurer to be credited to a special account within the public buildings trust fund.
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Anderson, the following
items on the Calendar were laid over until April 17, retaining
place on Calendar:
Consideration of Resolutions--HJR98-1011, 1021, 1026, 1027, 1028, 1029, 1030, 1032, 1035.
Consideration of Memorials--HM98-1004, 1005.
Consideration of Senate Amendments--HB98-1234, 1402.
Consideration of Governor's Veto--HB98-1065.
_______________
On motion of Representative Anderson, the House adjourned until 9:00 a.m., April 17, 1998.
Approved:
Attest: CHARLES E. BERRY,
JUDITH RODRIGUE, Speaker
Chief Clerk