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

One hundredth Legislative Day Thursday, April 16, 1998

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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House in recess. House reconvened.

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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.

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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.

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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.

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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.

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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