Prayer by Lt. Col. Jim Moore, Chaplain,
Civil Air Patrol.
The Speaker called the House to order at 9:00
a.m.
The roll was called with the following result:
Present--59.
Absent and excused--Representatives Gotlieb, Kreutz, Lawrence, Schauer, Swenson, S.Williams--6.
Present after roll call--Representatives Kreutz,
S.Williams.
The Speaker declared a quorum present.
_______________
On motion of Representative Veiga, the reading of the journal of April 16, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEE OF REFERENCE
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee
recommends the following:
HCR98-1009 be referred
to the Committee of the Whole with favorable recommendation.
SB98-26 be referred to the Committee of the Whole with favorable recommendation.
______________
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on HB98-1059
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 HB 981059,
concerning the imposition of increased penalties for traffic violations
committed in school zones, has met and reports that it has agreed
upon the following:
1. That the House accede to the Senate
amendments made to the bill, as said amendments appear in the
rerevised bill.
2. That, under the authority granted the
committee to consider matters not at issue between the two houses,
the following amendment be recommended:
Amend rerevised bill, page 2, line 2, after "DOUBLED.",
add "THE STATE OR LOCAL GOVERNMENT HAVING JURISDICTION OVER
THE PLACEMENT OF TRAFFIC SIGNS AND TRAFFIC CONTROL DEVICES IN
THE SCHOOL ZONE AREA SHALL DESIGNATE WHEN THE AREA WILL BE DEEMED
TO BE A SCHOOL ZONE FOR THE PURPOSES OF THIS SECTION. IN MAKING
SUCH DESIGNATION, THE STATE OR LOCAL GOVERNMENT SHALL CONSIDER
WHEN INCREASED PENALTIES ARE NECESSARY TO PROTECT THE SAFETY OF
SCHOOL CHILDREN.".
Respectfully submitted,
House Committee: Senate Committee:
Jeanne Faatz Ginette Dennis
Shirleen Tucker Douglas Linkhart
Ken Gordon Doug Lamborn
______________
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on SB98-171
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 98171,
concerning modification of the "Metropolitan Football Stadium
District Act", and, in connection therewith, establishing
biennial district elections and modifying the terms of the agreement
that the board of directors negotiates with a national football
league franchise, has met and reports that it has agreed upon
the following:
1. That the Senate accede to the House
amendments made to the bill, as said amendments appear in the
rerevised bill, with the following changes:
Amend rerevised bill, page 3, line 1, strike "JULY
1, 1998," and substitute "THE EFFECTIVE DATE OF THIS
SUBSECTION (1.5),";
strike lines 4 through 23 and substitute the following:
"(a) THAT AREA WITHIN THE CITY OF LONE TREE, STATE OF COLORADO, THAT, AS OF THE EFFECTIVE DATE OF THIS SUBSECTION (1.5), IS ZONED FOR COMMERCIAL USE AND IS WITHIN SECTIONS 3, 4, AND 5, TOWNSHIP 6 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF DOUGLAS, STATE OF COLORADO; AND
(b) THAT AREA EAST OF YOSEMITE STREET,
SOUTH OF COUNTY LINE ROAD, WEST OF INTERSTATE 25 AND WITHIN SECTION
3, TOWNSHIP 6 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF DOUGLAS, STATE OF COLORADO.".
Page 8, strike lines 20 through 25.
Renumber succeeding sections accordingly.
Page 16, strike lines 1 through 5 and substitute
the following:
"TO:
(a) PAY UP TO TWO HUNDRED SIXTYSIX
MILLION DOLLARS FOR THE PRINCIPAL AMOUNT OF SPECIAL OBLIGATION
BONDS, PLUS INTEREST AND PREPAYMENT PENALTY, IF ANY, FOR SUCH
BONDS, PLUS AN AMOUNT THE NET PRESENT VALUE OF WHICH SHALL NOT
EXCEED SEVENTYFIVE MILLION DOLLARS, WHICH NET PRESENT VALUE
SHALL BE CALCULATED AS OF JANUARY 1, 2001, BASED ON AN EIGHT PERCENT
DISCOUNT RATE; AND
(b) PROVIDE COVERAGE RATIOS FOR THE BONDS
AND THE NET PRESENT VALUE AMOUNT AS DETERMINED BY THE BOARD TO
BE MOST ADVANTAGEOUS TO THE DISTRICT AND THE TAXPAYERS.".
Page 23, line 3, strike "(1) (b) and (1) (e),"
and substitute "(1) (b),";
line 4, strike "are" and substitute "is";
strike lines 14 through 22.
2. That, under the authority granted the
committee to consider matters not at issue between the two houses,
the following amendment be recommended:
Amend rerevised bill, page 4, line 1, strike "and
(3)," and substitute "(3), and (5) (c),".
Page 8, after line 19, insert the following:
"(5) In carrying out its duties in
connection with the operation of the stadium, the board shall
duly consider:
(c) That no
person or business be awarded a food and beverage concession contract
allowing such person or business to occupy more than twentyfive
NOT LESS THAN FIFTEEN percent of the total square footage allocated
for food and beverage sales at Mile High stadium if it is renovated
or at the new stadium SHALL BE OCCUPIED, EITHER DIRECTLY OR THROUGH
SUBCONTRACTS, BY PERSONS OR BUSINESSES THAT MAINTAIN THEIR PRINCIPAL
PLACE OF BUSINESS IN COLORADO.
SECTION 3. 3215106,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
3215106. Board of directors
powers and duties. (7) IN
DESIGNING AND CONSTRUCTING A STADIUM PURSUANT TO THIS ARTICLE,
THE BOARD MAY CONSIDER THE TECHNICAL AND ECONOMIC FEASIBILITY
OF INCLUDING A RETRACTABLE ROOF OVER SUCH STADIUM; EXCEPT THAT:
(a) NO CONSTRUCTION COSTS FOR A RETRACTABLE
DOME SHALL BE PART OF THE BALLOT ISSUE PROPOSED, NOR SHALL ANY
SUCH COSTS BE PAID BY ANY BONDS, TAXES, OR OTHER REVENUES ISSUED
UNDER THIS ARTICLE; AND
(b) THE BOARD SHALL NOT AUTHORIZE THE
CONSTRUCTION OF A RETRACTABLE ROOF WITHOUT PRIOR SPECIFIC STATUTORY
AUTHORIZATION IF ANY PORTION OF THE COSTS OF CONSTRUCTION OF SUCH
RETRACTABLE ROOF SHALL BE PAID OR FUNDED BY ANY TAX OR OTHER REVENUES
OF THE DISTRICT.".
Renumber succeeding sections accordingly.
Page 9, line 1, after "(1) (d) (I) (B),",
insert "(1) (d) (II),".
Page 14, after line 1, insert the following:
"(II) Except as otherwise provided
in subparagraph (III) of this paragraph (d), the ballot title
shall be a statement of the language included in the question
set forth in SUBSUBPARAGRAPH (B) OF subparagraph (I) of
this paragraph (d); except that the title SHALL SUBSTITUTE THE
WORDS "THE METROPOLITAN FOOTBALL STADIUM DISTRICT
DEBT SHALL BE INCREASED" FOR "SHALL THE METROPOLITAN
FOOTBALL STADIUM DISTRICT DEBT BE INCREASED", shall
substitute the words "THE METROPOLITAN
FOOTBALL STADIUM DISTRICT TAXES SHALL
BE INCREASED" for the words "SHALL THE
METROPOLITAN FOOTBALL STADIUM DISTRICT
TAXES BE INCREASED", and shall substitute the words "THE
METROPOLITAN FOOTBALL STADIUM DISTRICT
PROCEEDS OF SUCH DEBT AND TAXES AND ANY INVESTMENT INCOME THEREFROM
AND ANY OTHER REVENUES OF THE DISTRICT SHALL BE AUTHORIZED"
for the words "SHALL THE METROPOLITAN
FOOTBALL STADIUM DISTRICT BE AUTHORIZED
THE PROCEEDS OF SUCH DEBT AND TAXES AND ANY INVESTMENT INCOME
THEREFROM AND ANY OTHER REVENUES OF THE DISTRICT BE",
and the title shall end with a period instead of a question mark.".
Page 24, after line 17, insert the following:
"SECTION 17. Article
15 of title 32, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
3215125.5. No action maintainable. AN
ACTION OR PROCEEDING, AT LAW OR IN EQUITY, TO REVIEW ANY ACT,
RESOLUTION, OR PROCEEDING OR TO QUESTION THE VALIDITY OR TO ENJOIN
THE PERFORMANCE OF ANY ACT, RESOLUTION, OR PROCEEDING RELATED
TO THE ISSUANCE OF ANY BONDS OR FOR ANY OTHER RELIEF AGAINST OR
FROM ANY ACT, RESOLUTION, OR PROCEEDING DONE UNDER THIS ARTICLE
WITH RESPECT TO THE FINANCING OF THE STADIUM, THE ELECTION PROVIDED
IN THIS ARTICLE, OR THE ACTIONS OF THE BOARD PURSUANT TO SECTION
3215106 (1) (a) TO (1) (g), (3), OR (5), SECTION 3215107,
OR SECTIONS 3215110 TO 3215113, OR THE
VALIDITY OR EXECUTION OF THE MANAGEMENT AGREEMENT PURSUANT TO
SECTION 3215121 OR THE VALIDITY OR EXECUTION OF THE
LEASE PURSUANT TO SECTION 3215122, WHETHER BASED UPON
IRREGULARITIES OR JURISDICTIONAL DEFECTS, SHALL NOT BE MAINTAINED,
UNLESS COMMENCED WITHIN THIRTY DAYS AFTER THE PERFORMANCE OF THE
ACT, RESOLUTION, OR PROCEEDING OR AFTER THE EFFECTIVE DATE THEREOF,
WHICHEVER IS EARLIER, AND SHALL BE THEREAFTER PERPETUALLY BARRED.".
Renumber succeeding sections accordingly.
Page 1, line 103, strike "ESTABLISHING BIENNIAL
DISTRICT ELECTIONS" and substitute "EXPANDING THE BOUNDARIES
OF THE DISTRICT".
Respectfully submitted,
Senate Committee: House Committee:
Elsie Lacy Doug Dean
Dave Wattenberg Vickie Agler
Ed Perlmutter
______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB98-1413 and HCR98-1011.
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB98-1130, 1221, 1244, 1325, and 1335.
______________
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: HB98-1025, 1041, 1140, 1141, 1149, 1165, 1176, 1178, 1300, and 1368 at 4:00 p.m. on April 16, 1998.
_______________
MESSAGES FROM THE SENATE
Mr. Speaker:
In response to the request of the House for a Conference Committee on
HB98-1012, the President appointed Senators Chlouber,
Chm., Wattenberg, and Johnson as members of the First Conference
Committee on the part of the Senate.
The Senate has postponed indefinitely and returns herewith: HB98-1327.
_________
The Senate has adopted and transmits herewith: SJR98-014.
______________
APPOINTMENTS TO CONFERENCE COMMITTEES
Pursuant to a request from the Senate, the Speaker
appointed House conferees to the First Conference Committees as
follows:
SB98-49--Representatives May, Chairman, Young, Hagedorn.
SB98-72--Representatives May, Chairman, Alexander, Keller.
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB98-1414 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning the preparation of financial statements of state government as they relate to the constitutional limitation on state fiscal year spending.
Committee on Finance.
SB98-004 by Senators Norton, Chlouber, and Mutzebaugh; also Representatives G. Berry and Paschall--Concerning the application of state air quality standards to activities taking place on public property within the state.
Committee on State, Veterans and Military Affairs.
SB98-182 by Senators Norton and Schroeder; also Representative Anderson--Concerning the continued operation of the AIR program, and, in connection therewith, implementing a clean screen remote sensing system in the basic emissions program and a Denver remote sensing pilot study, extending the authority for the operation of the AIR program, and making an appropriation.
Committee on Transportation and Energy.
Committee on Appropriations.
______________
INTRODUCTION OF CONCURRENT RESOLUTIONS
The following resolutions were read by title and
referred to the committees indicated:
HCR98-1012 by Representative Paschall--Submitting to the registered electors of the state of Colorado an amendment to article X of the constitution of the state of Colorado, prohibiting any unit of government created under the constitution of the state of Colorado, under the laws of the state of Colorado, or otherwise, from providing public financing or a mandate of any kind that requires citizens to purchase goods or services that will primarily benefit one person, entity, or business.
Committee on State, Veterans and Military Affairs.
HCR98-1013 by Representative Paschall--Submitting to the registered electors of the state of Colorado an amendment to article V of the constitution of the state of Colorado, concerning a grant of authority to the general assembly to review certain decisions of Colorado courts.
Committee on State, Veterans and Military Affairs.
______________
INTRODUCTION OF RESOLUTION
The following resolution was read by title and laid
over one day under the rules:
SJR98-14 by Senators Congrove and Arnold; also Representative Schauer--Concerning Recognition of the Colorado Law Enforcement Memorial.
_______________
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.
HB98-1191 by Representative
Owen; also Senator Rizzuto--Concerning the establishment of defined
contribution plans for specified public employees, and making
an appropriation in connection therewith.
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 50 NO 11 EXCUSED 4 ABSENT 0
| Adkins Y Agler Y Alexander Y Allen Y Anderson N Arrington N Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz N George Y | Gordon N Gotlieb E Grampsas Y Grossman Y Hagedorn N 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 N Owen Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer E Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson E Takis N Tate Y Taylor Y Tool Y Tucker Y Tupa N Udall Y Veiga Y Williams, S. N Williams, T. Y Young N Zimmerman N Mr. Speaker Y |
HB98-1326 by Representative
Grampsas; also Senator Chlouber--Concerning the provision
of additional revenue to municipal governments to meet expenses
necessitated by the advent of limited gaming.
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 50 NO 11 EXCUSED 4 ABSENT 0
| Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington N Bacon Y Berry, G. Y Chavez N Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz N George Y | Gordon Y Gotlieb E Grampsas Y Grossman N Hagedorn Y Hefley Y Johnson Y June Y Kaufman Y Keller Y Kreutz N Lawrence E Leyba Y Mace Y May Y McElhany Y | McPherson Y Miller Y Morrison Y Musgrave N Nichol Y Owen Y Pankey Y Paschall N Pfiffner Y Reeser Y Romero Y Salaz Y Saliman N Schauer E Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson E Takis Y Tate N Taylor Y Tool Y Tucker Y Tupa N Udall Y Veiga Y Williams, S. Y Williams, T. Y Young Y Zimmerman N Mr. Speaker Y |
Co-sponsors added: Representatives Epps, Spradley, Sullivant,
Taylor.
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, 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 1 EXCUSED 4 ABSENT 0
| Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean YDyer 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 Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer E Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson E Takis N Tate Y Taylor Y Tool Y Tucker Y Tupa Y Udall Y Veiga Y Williams, S. Y Williams, T. Y Young Y Zimmerman Y Mr. Speaker Y |
Co-sponsor added: Representative Leyba.
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, 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 1 EXCUSED 4 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 Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer E Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson E Takis N Tate Y Taylor Y Tool Y Tucker Y Tupa Y Udall Y Veiga Y Williams, S. Y Williams, T. Y Young Y Zimmerman Y Mr. Speaker Y |
Co-sponsors added: Representatives Tucker, Veiga.
______________
CONSIDERATION OF CONFERENCE COMMITTEE REPORTS
SB98-159 by Senator
Bishop; also Representative George--Con-cerning the obligations
of parties to agreements for the payment of proceeds from the
sale of oil and gas.
(Conference Committee Report printed in House Journal,
April 16, page 1347.)
The Conference Committee Report was adopted
by the following roll call vote:
YES 61 NO 0 EXCUSED 4 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 Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer E Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson E Takis Y Tate Y Taylor Y Tool Y Tucker Y Tupa Y Udall Y Veiga Y Williams, S. Y Williams, T. Y Young Y Zimmerman Y Mr. Speaker Y | ||||
The 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 60 NO 0 EXCUSED 4 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 June Y Kaufman Y Keller Y Kreutz Y Lawrence E Leyba Y Mace Y May Y McElhany Y | McPherson Y Miller Y Morrison Y Musgrave Y Nichol Y Owen Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer E Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson E Takis Y Tate Y Taylor Y Tool Y Tucker Y Tupa Y Udall Y Veiga Y Williams, S. Y Williams, T. Y Young Y Zimmerman Y Mr. Speaker Y | ||||
Co-sponsors added: Representatives Smith, Young.
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Anderson, the following
items on the Calendar were laid over until April 20, retaining
place on Calendar:
Consideration of General Orders--SB98-109.
Consideration of Resolutions--HJR98-1011, 1021, 1026, 1027, 1028, 1029, 1032, 1035, 1031, 1040, HR98-1009.
Consideration of Memorials--HM98-1004, 1005, 1006.
Consideration of Senate Amendments--HB98-1234, 1402, 1256.
Consideration of Governor's Veto--HB98-1065.
_______________
On motion of Representative Anderson, the House adjourned
until 10:00 a.m., April 20, 1998.
Approved:
CHARLES E. BERRY,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk