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

Forty-fifth Legislative Day Friday, February 20, 1998

Prayer by Father Ed Judy, Samaritan House, Denver.

The Speaker called the House to order at 9:00 a.m.

The roll was called with the following result:

Present--65.

The Speaker declared a quorum present.

_______________

On motion of Representative Johnson, the reading of the journal of February 19, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

______________

INTRODUCTION OF BILL

First Reading

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

HB98-1376 by Representatives Agler, Adkins, Dean, Salaz, and Young--Concerning the protection of crime victims from civil actions.

Committee on Judiciary.

_______________

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.

HCR98-1002 by Representative George; also Senator Bishop--Submitting to the registered electors of the State of Colorado an amendment to sections 3 and 20 of article X of the State Constitution, concerning property taxation, and, in connection therewith, modifying the valuation for assessment percentages for certain classifications of property, establishing a homestead exemption for a portion of the actual value of owner-occupied residential property used as a primary residence and owned by a person who has resided in the state for two years or longer, and authorizing mill levies to be increased without prior voter approval as long as the existing constitutional restriction on property tax revenues is not exceeded.

The question being "Shall the resolution pass?".

A roll call vote was taken. As shown by the following recorded vote, a constitutional two-thirds majority of those elected to the House voted in the affirmative and the resolution was declared passed.

YES 48 NO 17 EXCUSED 0 ABSENT 0

Adkins N

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez N

Clarke N

Dean Y

Dyer Y

Entz Y

Epps N

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas N

Grossman Y

Hagedorn Y

Hefley N

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz N

Lawrence Y

Leyba Y

Mace N

May Y

McElhany N


McPherson N

Miller Y

Morrison Y

Musgrave N

Nichol Y

Owen N

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 Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young N

Zimmerman Y

Mr. Speaker N

Co-sponsors added: Representatives G.Berry, Dyer, Entz, Miller, Sullivant, Taylor, Tupa.

The complete text of HCR98-1002, as amended, is printed in House Journal pages 719-721.

HB98-1152 by Representative George; also Senator Bishop--Concerning property taxation, and, in connection therewith, specifying the valuation for assessment percentages for certain classifications of property and establishing a homestead exemption for a portion of the actual value of owner-occupied residential property used as a primary residence and owned by a person who has resided in the state for two years or longer.

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 51 NO 14 EXCUSED 0 ABSENT 0

Adkins N

Agler Y

Alexander Y

Allen Y

Anderson YArrington N

Bacon Y

Berry, G. Y

Chavez N

Clarke N

Dean Y

Dyer Y

Entz Y

Epps N

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley N

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz N

Lawrence Y

Leyba Y

Mace N

May Y

McElhany N


McPherson N

Miller Y

Morrison Y

Musgrave N

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 N

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young N

Zimmerman Y

Mr. Speaker N

Co-sponsors added: Representatives Dyer, Entz, Hagedorn, Sullivant.

HB98-1228 by Representative C. Berry; also Senator Powers--Concerning a temporary state income tax rate reduction for the purpose of refunding state revenues in excess of the limitation on state fiscal year spending for any given fiscal year.

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 48 NO 17 EXCUSED 0 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon N

Berry, G. Y

Chavez N

Clarke N

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon N

Gotlieb Y

Grampsas Y

Grossman N

Hagedorn Y

Hefley Y

Johnson Y

June N

Kaufman Y

Keller Y

Kreutz N

Lawrence Y

Leyba N

Mace N

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 N

Schauer Y

Sinclair Y

Smith Y


Snyder N

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate N

Taylor Y

Tool Y

Tucker Y

Tupa N

Udall N

Veiga N

Williams, S. N

Williams, T. Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Agler, Arrington, Dean, Epps, George, Kreutz, McPherson, Musgrave, Owen, Paschall, Sinclair, Spradley, T.Williams.

HB98-1231 by Representatives Tool, Anderson, Dean, Entz, and Sullivant; also Senators J. Johnson, B. Alexander, and Chlouber--Concerning an assistance program for school district capital construction.

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 48 NO 17 EXCUSED 0 ABSENT 0

Adkins N

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 N

Faatz N

George Y


Gordon Y

Gotlieb Y

Grampsas N

Grossman Y

Hagedorn Y

Hefley N

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz N

Lawrence Y

Leyba Y

Mace Y

May N

McElhany N


McPherson N

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen N

Pankey Y

Paschall Y

Pfiffner N

Reeser Y

Romero Y

Salaz N

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate N

Taylor Y

Tool Y

Tucker Y

Tupa N

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young N

Zimmerman Y

Mr. Speaker N

Co-sponsors added: Representatives George, Hagedorn, Keller.

HB98-1226 by Representative Adkins; also Senator Blickensderfer--Concerning limitations on the provision of health education.

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 38 NO 27 EXCUSED 0 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson N

Arrington Y

Bacon N

Berry, G. N

Chavez N

Clarke N

Dean Y

Dyer Y

Entz N

Epps Y

Faatz Y

George Y

Gordon N

Gotlieb N

Grampsas Y

Grossman N

Hagedorn N

Hefley Y

Johnson Y

June N

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba N

Mace N

May Y

McElhany Y

McPherson Y

Miller N

Morrison Y

Musgrave Y

Nichol N

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero N

Salaz Y

Saliman N

Schauer Y

Sinclair Y

Smith Y

Snyder N

Spradley Y

Sullivant Y

Swenson N

Takis N

Tate N

Taylor Y

Tool N

Tucker Y

Tupa N

Udall N

Veiga N

Williams, S. N

Williams, T. Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Arrington, Owen, Pfiffner, Young.

HB98-1021 by Representatives Pfiffner, Clarke, and Leyba; also Senators Bishop, Linkhart, Powers, and Reeves--Concerning the enterprise status of higher education auxiliary facilities, and, in connection therewith, extending the expiration date of the designation of auxiliary facilities as enterprises and modifying the list of auxiliary facilities that are designated as enterprises.

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 65 NO 0 EXCUSED 0 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 Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

HB98-1203 by Representative Smith; also Senator Perlmutter--Concerning deceptive trade practices relating to the sale of manufactured homes.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 46 NO 19 EXCUSED 0 ABSENT 0

Adkins Y

Agler N

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean NDyer Y

Entz N

Epps N

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley N

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz N

Lawrence N

Leyba Y

Mace Y

May N

McElhany N


McPherson N

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen N

Pankey Y

Paschall N

Pfiffner N

Reeser Y

Romero Y

Salaz N

Saliman Y

Schauer Y

Sinclair N

Smith Y


Snyder Y

Spradley N

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool N

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. N

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives George, Nichol, Tupa.

HB98-1256 by Representatives Anderson and Tool; also Senator Wham--Concerning the retention of state revenues in excess of the constitutional limitation on state fiscal year spending for certain fiscal years for the purpose of financing certain government purposes, and, in connection therewith, providing financial assistance for public school capital construction projects and providing additional revenues for state and local transportation needs and for public higher education capital construction projects.

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 39 NO 26 EXCUSED 0 ABSENT 0

Adkins N

Agler N

Alexander N

Allen N

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke N

Dean N

Dyer Y

Entz Y

Epps N

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley N

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May N

McElhany N


McPherson N

Miller Y

Morrison Y

Musgrave N

Nichol Y

Owen N

Pankey N

Paschall N

Pfiffner N

Reeser Y

Romero Y

Salaz N

Saliman Y

Schauer Y

Sinclair Y

Smith N


Snyder Y

Spradley N

Sullivant N

Swenson Y

Takis Y

Tate N

Taylor Y

Tool Y

Tucker Y

Tupa N

Udall Y

Veiga Y

Williams, S. Y

Williams, T. N

Young N

Zimmerman Y

Mr. Speaker N

Co-sponsors added: Representatives Bacon, Chavez, Dyer, Entz, George.

HB98-1287 by Representative Tucker; also Senator Wham--Concerning access to state parks for disabled persons.

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 65 NO 0 EXCUSED 0 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 Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Chavez, Epps, Keller, Mace.

HB98-1300 by Representative Adkins; also Senator Wham--Concerning state entities that provide legal representation for indigent persons.

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 22 EXCUSED 0 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon N

Berry, G. Y

Chavez N

Clarke N

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon N

Gotlieb Y

Grampsas Y

Grossman N

Hagedorn N

Hefley Y

Johnson Y

June N

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba N

Mace N

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol N

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser N

Romero N

Salaz Y

Saliman N

Schauer Y

Sinclair Y

Smith Y


Snyder N

Spradley Y

Sullivant N

Swenson Y

Takis N

Tate N

Taylor Y

Tool Y

Tucker Y

Tupa N

Udall N

Veiga N

Williams, S. N

Williams, T. Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives McPherson, Smith.

HB98-1305 by Representative Grossman; also Senator Wham--Concerning adjustments to a limited area of the boundary between two contiguous counties that may be made without an election if one of such counties exceeds a population of four hundred thousand.

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 65 NO 0 EXCUSED 0 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 Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsor added: Representative Gotlieb.

HB98-1274 by Representatives Gordon and Owen; also Senator Blickensderfer--Concerning the authority of the executive director of the department of personnel to allocate departmental powers, duties, and functions within the department.

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 65 NO 0 EXCUSED 0 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 YEpps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

HB98-1293 by Representative Clarke; also Senator Congrove--Concerning veteran's preferences for public employment.

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 65 NO 0 EXCUSED 0 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 Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Chavez, Dyer, Epps, Hagedorn, Mace, Musgrave, Nichol, Reeser, Romero.

HB98-1332 by Representative Sullivant; also Senator Hopper--Concerning authorization of persons who have obtained special license plates for disabled veterans to make use of parking privileges for persons with disabilities.

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 63 NO 2 EXCUSED 0 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon YBerry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn N

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz N

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Chavez, Entz, Epps, Kaufman, McElhany, Musgrave, Reeser, Tool.

HB98-1363 by Representatives Taylor and Allen; also Senator Thiebaut--concerning the provision by electors of the last four digits of an elector's social security number in connection with voter registration.

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 41 NO 24 EXCUSED 0 ABSENT 0

Adkins N

Agler N

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean N

Dyer Y

Entz Y

Epps N

Faatz N

George Y


Gordon Y

Gotlieb N

Grampsas N

Grossman Y

Hagedorn Y

Hefley N

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence N

Leyba N

Mace N

May Y

McElhany N


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen N

Pankey Y

Paschall N

Pfiffner N

Reeser N

Romero Y

Salaz Y

Saliman N

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant N

Swenson Y

Takis Y

Tate N

Taylor Y

Tool Y

Tucker N

Tupa N

Udall N

Veiga N

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman N

Mr. Speaker Y

HB98-1093 by Representative Veiga; also Senator Mutzebaugh--Concerning elections for members of the board of directors of the regional transportation district.

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 10 EXCUSED 0 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 N

Faatz N

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June N

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson N

Miller Y

Morrison N

Musgrave Y

Nichol N

Owen Y

Pankey N

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith N


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker N

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Allen, Anderson, Mace.

_______________

REPORTS OF COMMITTEE OF REFERENCE

APPROPRIATIONS

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

HB98-1177, 1252, 1360 be referred to the Committee of the Whole with favorable recommendation.

HB98-1276 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Education Committee report, dated February 4, 1998, page 1, line 2, strike ""(2)";" and substitute ""(2)", and strike "(4)" and substitute "(3)";".

HB98-1205 be postponed indefinitely.

________________

On motion of Representative Allen, the House resolved itself into Committee of the Whole for consideration of General Orders, and she was called to the Chair to act as Chairman.

________________

GENERAL ORDERS--SECOND READING OF BILLS

The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been dispensed with by unanimous consent), the bills considered and action taken thereon as follows:

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

SB98-036 by Senator Wham; also Representative Epps--Concerning a requirement for licensure of physicians lawfully practicing medicine in another jurisdiction who perform acts constituting the practice of medicine on persons physically present in Colorado at the time such acts are performed.

Laid over until February 27, retaining place on Calendar.

HB98-1192 by Representative Paschall; also Senator Mutzebaugh--Concerning strategies for the protection of air quality in carbon monoxide nonattainment areas under the state implementation plan, and, in connection therewith, directing the air quality control commission to require the use of oxygenated fuels only as a contingent strategy for such areas that have been redesignated as attainment areas.

Amendment No. 1, State, Veterans, and Military Affairs Report, dated February 12, 1998, and placed in member's bill file; Report also printed in House Journal, February 13, pages 494-495.

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

HB98-1327 by Representative Pfiffner; also Senator Mutzebaugh--Concerning deregulation of passenger transportation, and, in connection therewith, exempting car pool and van pool arrangements in which the owner or operator of a vehicle receives compensation from passengers.

Amendment No. 1, Transportation and Energy Report, dated February 11, 1998, and placed in member's bill file; Report also printed in House Journal, February 13, pages 497-498.

Amendment No. 2, by Representative Pfiffner.

Amend printed bill, page 2, line 11, strike "BUSINESS." and substitute "BUSINESS AND IF THE OWNER OR OPERATOR OF THE VEHICLE MAKES NO MORE THAN ONE ROUND TRIP PER DAY TO THE SAME LOCATION, ACTIVITY, OR EVENT.".

Page 3, line 13, strike "BUSINESS." and substitute "BUSINESS AND IF THE OWNER OR OPERATOR OF THE VEHICLE MAKES NO MORE THAN ONE ROUND TRIP PER DAY TO THE SAME LOCATION, ACTIVITY, OR EVENT.".

Amendment No. 3, by Representative Pfiffner.

Amend printed bill, page 3, after line 17, insert the following:

"SECTION 3.  10­4­707.5 (2), Colorado Revised Statutes, is amended to read:

10­4­707.5.  Ridesharing arrangements ­ benefits payable ­ required coverage. (2)  As used in this section, "ridesharing arrangement" means the vehicular transportation of passengers traveling together primarily to and from such passengers' places of business or work or traveling together on a regularly scheduled basis with a commonality of purpose to and from shopping, health, educational, religious, athletic, or sports facilities if the vehicle used in such transportation is not operated for profit by an entity primarily engaged in the transportation business and if no charge is made therefor other than that reasonably calculated to recover the direct and indirect costs of the "ridesharing arrangement", including, but not limited to, a reasonable incentive to maximize occupancy of the vehicle. However, nothing in this subsection (2) shall be construed as excluding from this definition an arrangement by an employer engaged in the transportation business who provides "ridesharing arrangements" for its employees. The term includes "ridesharing arrangements" commonly known as carpools and vanpools, INCLUDING A "CAR POOL OR VAN POOL ARRANGEMENT" AS DEFINED IN SECTION 40­10­104 (3) (b), C.R.S.; however, this term does not include school transportation vehicles operated by elementary and secondary schools when they are operated for the transportation of children to or from school or on school­related events.".

Renumber succeeding section accordingly.

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

(For change in action, see Amendments to Report.)

HB98-1265 by Representatives Gotlieb, Hagedorn, June, Kaufman, Keller, Kreutz, Lawrence, Leyba, and Schauer; also Senator Arnold--Concerning making a violation of motor vehicle safety belt requirements a primary offense.

Amendment No. 1, by Representative Gotlieb.

Amend printed bill, page 1, strike lines 2 through 8, and substitute the following:

"SECTION 1.  42­4­237 (5), Colorado Revised Statutes, is amended to read:

42­4­237.  Safety belt systems ­ mandatory use ­ exemptions ­ penalty. (5) (a)  ON OR AFTER JULY 1, 2001, no driver in a motor vehicle shall be cited for a violation of subsection (2) of this section unless such driver was stopped by a law enforcement officer for an alleged violation of articles 1 to 4 of this title other than a violation of this section.

(b)  ON OR BEFORE FEBRUARY 1, 2001, THE COMMISSIONER OF INSURANCE SHALL REPORT TO THE GENERAL ASSEMBLY REGARDING THE CHANGE IN AVERAGE MOTOR VEHICLE INSURANCE PREMIUM RATES IN COLORADO BETWEEN THE DATES OF JULY 1, 1998, AND JANUARY 1, 2001, AND SHALL INDICATE WHAT PORTION OF SUCH CHANGE IN RATES WAS CAUSED BY THE PRIMARY ENFORCEMENT OF SAFETY BELT REQUIREMENTS UNDER THIS SECTION. THE COMMISSIONER MAY MAKE INQUIRIES WITH INSURERS TO ASSIST IN MAKING SUCH DETERMINATION. IF THE REPORT OF THE COMMISSIONER OF INSURANCE INDICATES THAT AVERAGE MOTOR VEHICLE INSURANCE PREMIUM RATES IN COLORADO HAVE DECREASED FIVE PERCENT OR MORE DURING SUCH TIME PERIOD BECAUSE OF THE PRIMARY ENFORCEMENT OF SAFETY BELT REQUIREMENTS UNDER THIS SECTION, THEN THIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2001.".

As amended, declared lost on Second Reading.

HB98-1335 by Representative Grampsas--Concerning the creation of the Colorado intermountain fixed guideway authority.

Amendment No. 1, Transportation and Energy Report, dated February 12, 1998, and placed in member's bill file; Report also printed in House Journal, February 13, page 498.

Amendment No. 2, by Representative Grampsas.

Amend printed bill, page 3, line 8, strike "TECHNOLOGY." and substitute "TECHNOLOGY DESIGNED TO BE COMPATIBLE WITH ESTABLISHED STATE AND LOCAL TRANSPORTATION PLANS AND MAJOR INVESTMENT STUDIES.";

line 15, after "OF", insert "ADAMS, ARAPAHOE," and strike "GILPIN," and substitute "EAGLE, GARFIELD,";

line 17, before "FIXED", insert "COLORADO INTERMOUNTAIN".

Page 4, line 7, before "WHOSE", insert "ONE OF WHOM SHALL BE A MEMBER OF THE TRANSPORTATION COMMISSION CREATED IN SECTION 43­1­106, C.R.S., AND";

line 8, strike " APPOINTMENT"and substitute "APPOINTMENTS".

Page 5, strike line 16 and substitute the following:

"(c)  THE DIRECTORS APPOINTED PURSUANT TO PARAGRAPHS (a) AND (b) OF SUBSECTION";

after line 26, insert the following:

"(VII)  PUBLIC TRANSPORTATION;

(VIII)  LAND USE AND ENVIRONMENTAL PLANNING;".

Renumber succeeding subparagraphs accordingly.

Page 6, line 25, after "THAT", insert "IS COMPATIBLE WITH ESTABLISHED STATE AND LOCAL TRANSPORTATION PLANS AND MAJOR INVESTMENT STUDIES AND".

Page 7, line 10, strike "TIME LINES" and substitute "TIMELINES";

line 11, strike "36­16­108, C.R.S.," and substitute "32­16­108,";

line 22, strike "HOW" and substitute "RECOMMENDATIONS CONCERNING HOW".

Page 8, line 1, strike "WHAT" and substitute "RECOMMENDATIONS CONCERNING WHICH";

line 3, strike "WHAT" and substitute "RECOMMENDATIONS CONCERNING WHICH";

line 4, strike "WHAT" and substitute "WHICH";

line 7, strike "SYSTEM;" and substitute "SYSTEM AND RECOMMENDATIONS CONCERNING HOW SUCH ENTITY OR ENTITIES SHALL CONSENT TO THE TRANSFER OF THE OBLIGATIONS OF THE AUTHORITY PRIOR TO ANY SUCH TRANSFER OF OBLIGATIONS;";

after line 7, insert the following:

"(X)  RECOMMENDATIONS CONCERNING HOW THE AUTHORITY, ANY SUCCESSOR ENTITY, OR ANY OF THE ENTITIES DESCRIBED IN SUBPARAGRAPH (VIII) OR (IX) OF THIS PARAGRAPH (b) SHALL SEEK APPROVAL RELATING TO FINANCIAL, TECHNICAL, ENVIRONMENTAL, AND ANY OTHER ISSUES THAT IMPACT THE ENTITIES DESCRIBED IN PARAGRAPH (c) OF THIS SUBSECTION (1);";

line 14, after "TITLE,", insert "TITLE, THE STATE TRANSPORTATION ADVISORY COMMITTEE, THE TRANSPORTATION PLANNING REGIONS,".

Page 10, line 14, strike "SHALL" and substitute "MAY".

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

HB98-1337 by Representative Kaufman; also Senator Matsunaka--Concerning the "Colorado Common Interest Ownership Act", and, in connection therewith, allowing variation by agreement from certain provisions of the act, expanding the exemption from the act for new small cooperatives and small and limited expense planned communities, requiring additional notice of meetings of a unit owners' association, and requiring notice of meetings of a unit owners' association's executive board or committee thereof.

Laid over until February 23, retaining place on Calendar.

HB98-1060 by Representatives Schauer and Taylor; also Senator Wattenberg--Concerning the regulation of public utilities by the public utilities commission.

Amendment No. 1, Business Affairs and Labor Report, dated January 13, 1998, and placed in member's bill file; Report also printed in House Journal, January 16, pages 93-98.

Amendment No. 2, Appropriations, dated January 23, 1998, and placed in member's bill file; Report also printed in House Journal, January 26, pages 217-218.

Amendment No. 3, by Representative Grampsas.

Amend the Business Affairs and Labor Committee Report, dated January 13, 1998, page 6, strike lines 20 through 23, and substitute the following:

"Page 60, line 9, strike "A NEW SUBSECTION," and substitute "THE FOLLOWING NEW SUBSECTIONS,";

strike line 12, and substitute the following:

"(1)  "CHARTER BASIS" MEANS ON THE BASIS OF A CONTRACT FOR TRANSPORTATION WHEREBY A PERSON AGREES TO PROVIDE EXCLUSIVE USE OF A MOTOR VEHICLE TO A SINGLE CHARTERING PARTY FOR A SPECIFIC PERIOD OF TIME DURING WHICH THE CHARTERING PARTY SHALL HAVE THE EXCLUSIVE RIGHT TO DIRECT THE OPERATION OF THE VEHICLE, INCLUDING, BUT NOT LIMITED TO, SELECTION OF THE ORIGIN, DESTINATION, ROUTE, AND INTERMEDIATE STOPS.

(1.2)  "CHARTERING PARTY" MEANS A PERSON OR GROUP OF PERSONS WHO SHARE A PERSONAL OR PROFESSIONAL RELATIONSHIP WHEREBY ALL SUCH PERSONS ARE MEMBERS OF THE SAME AFFILIATED GROUP, INCLUDING, WITHOUT LIMITATION, A FAMILY, BUSINESS, RELIGIOUS GROUP, SOCIAL ORGANIZATION, OR PROFESSIONAL ORGANIZATION. "CHARTERING PARTY" DOES NOT INCLUDE GROUPS OF UNRELATED PERSONS BROUGHT TOGETHER BY A CARRIER, TRANSPORTATION BROKER, OR OTHER THIRD PARTY.

(1) (1.3)  "Charter or scenic bus" means a motor vehicle for the transport";

strike lines 20 through 26.

Page 61, strike line 1, and substitute the following:

"(3) (a)  "Luxury limousine" means a CHAUFFEUR­DRIVEN, luxury motor­driven passenger automobile MOTOR VEHICLE WITH A REAR SEATING CAPACITY OF THREE OR MORE, for hire on a PREARRANGED, charter basis to transport passengers which IN LUXURY LIMOUSINE SERVICE, THAT:

(I)  IS NOT IDENTIFIED BY EXTERIOR SIGNS OR GRAPHICS OTHER THAN LICENSE PLATES;

(II)  IS NOT EQUIPPED WITH A TAXICAB METER OR OTHER DEVICE FOR MEASURING TIME OR MILEAGE OTHER THAN A FACTORY­INSTALLED ODOMETER;

(III)  Offers luxury features which THAT shall include, but need not be limited to, television, telephone, and beverages; If the commission questions whether a specific vehicle is a luxury limousine, it may determine if such vehicle is a luxury limousine when application is made for vehicle identification as required by section 40­2­110.5. "Luxury limousine" does not include a taxicab. AND

(IV)  IN ADDITION, QUALIFIES FOR INCLUSION IN ONE OF THE FOLLOWING CATEGORIES:

(A)  STRETCHED LIMOUSINE, WHICH IS A MOTOR VEHICLE, ORIGINALLY DESIGNED AS A LUXURY MOTOR­DRIVEN PASSENGER VEHICLE, WHOSE WHEELBASE HAS BEEN LENGTHENED BEYOND THE MANUFACTURER'S ORIGINAL SPECIFICATIONS, WHETHER AT THE MANUFACTURER'S FACTORY OR OTHERWISE, AND THAT MEETS APPLICABLE STANDARDS OF THE FEDERAL DEPARTMENT OF TRANSPORTATION.

(B)  EXECUTIVE SEDAN, WHICH IS A FULL­SIZE, FOUR­DOOR, LUXURY SEDAN THAT HAS NOT BEEN ALTERED FROM THE MANUFACTURER'S ORIGINAL SPECIFICATIONS.

(C)  EXECUTIVE VAN, WHICH IS A VAN WITH A REAR SEATING CAPACITY OF SEVEN OR MORE THAT MAY BE OF STANDARD MANUFACTURER'S SPECIFICATIONS, BUT MAY HAVE BEEN ALTERED FROM THE MANUFACTURER'S ORIGINAL SPECIFICATIONS, AND THAT MEETS APPLICABLE STANDARDS OF THE FEDERAL DEPARTMENT OF TRANSPORTATION.

(b)  "LUXURY LIMOUSINE" DOES NOT INCLUDE A TAXICAB.

(3.3)  "LUXURY LIMOUSINE SERVICE" MEANS A SPECIALIZED, LUXURIOUS TRANSPORTATION SERVICE PROVIDED ON A CHARTER BASIS. "LUXURY LIMOUSINE SERVICE" DOES NOT INCLUDE TAXICAB SERVICE OR ANY SERVICE PROVIDED BETWEEN FIXED POINTS OVER REGULAR ROUTES AT REGULAR INTERVALS.";

strike lines 13 through 26.

Page 62, strike lines 1 through 7, and substitute the following:

"(6.3)  "PREARRANGED", IN REFERENCE TO TRANSPORTATION, MEANS ARRANGED IN ADVANCE BY MAIL, TELEPHONE, TELEFACSIMILE, OR COMPUTER BEFORE THE CARRIER BEGINS TO RENDER THE TRANSPORTATION SERVICE OR ANY SERVICE ANCILLARY TO THE TRANSPORTATION SERVICE, INCLUDING, WITHOUT LIMITATION, THE LOADING OF BAGGAGE.".

Renumber succeeding sections accordingly.";

line 25 of the report, strike "58." and substitute "57.".

Page 7 of the report, line 6, strike "59." and substitute "58.".

Amendment No. 4, by Representative Grampsas.

Amend the Amendment No. 3, by Representative Grampsas, printed in House Journal page 709, line 27, before "CHARTER", insert "PREARRANGED";

strike lines 41 through 47 and substitute the following:

"LOADING OF BAGGAGE.

SECTION 52. Article 16 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

40­16­102.5. Luxury limousines ­ operational requirements.

LUXURY LIMOUSINE SERVICE SHALL BE PROVIDED ON A PREARRANGED BASIS ONLY. A LUXURY LIMOUSINE COMPANY SHALL, AT ALL TIMES WHEN PROVIDING SERVICE, CARRY IN EACH VEHICLE A MANIFEST OR CHARTER ORDER CONTAINING THE NAME AND PICKUP ADDRESS OF THE PASSENGERS WHO HAVE ARRANGED FOR USE OF THE VEHICLE. SUCH MANIFEST OR CHARTER ORDER SHALL BE MADE AVAILABLE IMMEDIATELY UPON REQUEST TO ANY AUTHORIZED REPRESENTATIVE OF THE COMMISSION, A LAW ENFORCEMENT AGENCY, OR AN AIRPORT AUTHORITY.".".

Amendment No. 5, by Representative Tate.

Amend the Business Affairs and Labor Committee Report, dated January 13, 1998, page 4, before line 27, insert the following:

"Page 34, line 26, strike "PURCHASES" and substitute "SELLS".";

line 30, strike "LOCAL EXCHANGE".

Page 5 of the committee report, strike lines 10 and 11 and substitute the following:

"40­15­105.5.  Prohibited practices. (1)  THE PROHIBITIONS";

line 22, strike "LOCAL EXCHANGE PROVIDER" and substitute "PROVIDER OF TELECOMMUNICATIONS SERVICE".

Amendment No. 6, by Representative Tate.

Amend the Business Affairs and Labor Committee Report, dated January 13, 1998, page 1, strike lines 16 through 18.

Page 2, strike lines 1 and 2;

line 3, strike "(b)" and substitute "(2)";

line 9, strike "(I)  THE PROVIDER" and substitute "(a)  THE PUBLIC UTILITY";

line 13, strike "(II)" and substitute "(b)";

line 15, strike "(III)" and substitute "(c)";

line 17, strike "(IV)" and substitute "(d)";

line 26, strike "(V)" and substitute "(e)";

line 30, strike "(VI)" and substitute "(f)".

Page 3, line 1, strike "(A)" and substitute "(I)";

line 3, strike "(B)" and substitute "(II)".

Amendment No. 7, by Representative Taylor.

Amend the Business Affairs and Labor Committee Report, dated January 13, 1998, page 6, strike lines 20 through 23.

Amendment No. 8, by Representative Salaz.

Amend printed bill, page 60, before line 7, insert the following:

"SECTION 50.  40­15­302 (1), Colorado Revised Statutes, is amended to read:

40­15­302. Manner of regulation ­ rules and regulations. (1) (a)  The commission shall promulgate rules and regulations as may be appropriate to regulate services and products provided pursuant to this part 3. In promulgating such rules and regulations, the commission shall consider such alternatives to traditional rate of return regulations as flexible pricing, detariffing, and other such manner and methods of regulation that are deemed consistent with the general assembly's expression of intent pursuant to section 40­15­101. It is the intent of the general assembly that traditional rate base or rate of return regulation may be considered but shall not be the sole factor considered by the commission. Such rate of return information shall be provided by the local exchange provider as requested by the commission.

(b)  THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS TO PROHIBIT ANY PERSON OR PROVIDER OF TELECOMMUNICATIONS SERVICE FROM KNOWINGLY OR INTENTIONALLY CAUSING A CUSTOMER ACCOUNT TO BE CHANGED FROM THE EXISTING PROVIDER OF INTRASTATE INTRALATA OR INTRASTATE INTERLATA TELECOMMUNICATIONS SERVICE TO ANOTHER PROVIDER OF THE SAME TELECOMMUNICATIONS SERVICE TO THE CUSTOMER WITHOUT THE CUSTOMER'S PRIOR AUTHORIZATION.".

Renumber succeeding sections accordingly.

Amendment No. 9, by Representative Musgrave.

Amend printed bill, page 39, after line 13, insert the following:

"SECTION 38.  40­10­105, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

40­10­105.  Rules for issuance of certificates ­ standing to protest ­ judicial review. (2.5) (a)  THE HOLDER OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY THAT CONTAINS AUTHORITY TO TRANSPORT PASSENGERS AND THEIR BAGGAGE ON SCHEDULE BETWEEN POINTS IN THE CITY AND COUNTY OF DENVER AND STAPLETON INTERNATIONAL AIRPORT SHALL ALSO BE DEEMED TO HOLD SUCH AUTHORITY BETWEEN POINTS IN THE CITY AND COUNTY OF DENVER AND DENVER INTERNATIONAL AIRPORT IF SUCH PERSON:

(I)  PREVIOUSLY HELD A CERTIFICATE AUTHORIZING SERVICE BETWEEN POINTS IN THE FRONT RANGE AREA, INCLUDING BOULDER, LONGMONT, LOVELAND, FORT COLLINS, AND GREELEY BEFORE THE OPENING OF DENVER INTERNATIONAL AIRPORT;

(II)  FILED TARIFFS WITH THE COMMISSION REFLECTING SUCH AUTHORITY; AND

(III)  HAS CONTINUOUSLY OPERATED THE PREVIOUS CERTIFICATE.

(b)  THE COMMISSION SHALL FORTHWITH AMEND, BY ORDER AND WITHOUT NOTICE OR HEARING, ANY EXISTING CERTIFICATE AS DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (2.5) TO ALLOW SERVICE BETWEEN POINTS IN THE CITY AND COUNTY OF DENVER AND DENVER INTERNATIONAL AIRPORT.".

Renumber succeeding sections accordingly.

Amendment No. 10, by Representative Paschall.

Amend printed bill, page 18, line 3, strike "TWO";

line 4, strike "MILLION FIVE HUNDRED THOUSAND" and substitute "THREE MILLION ONE HUNDRED TWENTY­FIVE THOUSAND";

line 7, strike "TWO­MILLION­FIVE­HUNDRED­THOUSAND­DOLLAR" and substitute "THREE­MILLION­ONE­HUNDRED­TWENTY­FIVE­THOUSAND-DOLLAR";

line 9, strike "TWO";

line 10, strike "MILLION FIVE HUNDRED THOUSAND" and substitute "THREE MILLION ONE HUNDRED TWENTY­FIVE THOUSAND";

line 21, strike "TWO MILLION FIVE HUNDRED THOUSAND" and substitute "THREE MILLION ONE HUNDRED TWENTY­FIVE THOUSAND".

Page 19, line 5, strike "TWO­MILLION­FIVE­HUNDRED­THOUSAND-DOLLAR" and substitute "THREE­MILLION­ONE­HUNDRED­TWENTY-FIVE-THOUSAND­DOLLAR".

Amendment No. 11, by Representative Owen.

Amend printed bill, page 17, after line 22, insert the following:

"SECTION 16.  Article 3 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

40­3­115.  Nonregulated activities ­ disclosure to consumers ­ rules. THE COMMISSION SHALL REQUIRE THAT A REGULATED GAS OR ELECTRIC UTILITY, WHEN MARKETING GOODS OR SERVICES THAT ARE NOT SUBJECT TO REGULATION BY THE COMMISSION, CONSPICUOUSLY DISCLOSE TO CONSUMERS THE FACT THAT SUCH GOODS OR SERVICES ARE NOT SO REGULATED. THIS REQUIREMENT SHALL APPLY WHENEVER THE UTILITY'S NAME OR LOGO IS USED IN CONNECTION WITH THE MARKETING OF SUCH GOODS OR SERVICES, REGARDLESS OF WHETHER THE UTILITY MARKETS SUCH GOODS OR SERVICES DIRECTLY OR THROUGH A DIVISION, SUBSIDIARY, OR AFFILIATE, AND THE DISCLOSURE SHALL BE INCLUDED IN ALL ADVERTISING AND MARKETING MATERIALS, PROPOSALS, CONTRACTS, AND BILLS RELATING TO UNREGULATED GOODS AND SERVICES THAT ARE MARKETED USING THE UTILITY'S NAME OR LOGO. THE COMMISSION MAY ADOPT RULES TO IMPLEMENT THIS SECTION.".

Renumber succeeding sections accordingly.

Amendment No. 12, by Representative Schauer.

Amend printed bill, page 11, after line 12, insert the following:

"SECTION 12.  40­3­104.3, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

40­3­104.3.  Manner of regulation ­ competitive responses. (6)  ALL PROCEEDINGS UNDER THIS SECTION, INCLUDING, WITHOUT LIMITATION, ALL APPLICATIONS AND ALL INFORMATION CONTAINED THEREIN, SHALL BE OPEN AND PUBLIC UNLESS, AND ONLY TO THE EXTENT THAT, THIS SECTION SPECIFICALLY PROVIDES OTHERWISE.".

Renumber succeeding sections accordingly.

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

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative McPherson moved to amend the Report of the Committee of the Whole to show that Amendment No. 2, by Representative Pfiffner (printed in House Journal page 704 lines 45-54) to HB 98­1327 did not pass, that the following McPherson amendments to HB 98­1327 did pass, and that HB 98­1327, as amended, did pass.

McPherson amendment (H.001)

Amend printed bill, page 2, line 11, strike "BUSINESS." and substitute "BUSINESS AND IF THE OWNER OR OPERATOR OF THE VEHICLE MAKES NO MORE THAN ONE ROUND TRIP PER DAY.".

Page 3, line 13, strike "BUSINESS." and substitute "BUSINESS AND IF THE OWNER OR OPERATOR OF THE VEHICLE MAKES NO MORE THAN ONE ROUND TRIP PER DAY.".

McPherson amendment (H.002)

Amend the Transportation and Energy Committee Report, dated February 11, 1998, page 1, line 13, strike "PURPOSE, OR" and substitute "PURPOSE AND".

Page 2, line 11, strike "PURPOSE, OR" and substitute "PURPOSE AND".

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

YES 36 NO 28 EXCUSED 1 ABSENT 0

Adkins N

Agler N

Alexander Y

Allen N

Anderson N

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean N

Dyer N

Entz N

Epps Y

Faatz N

George N


Gordon Y

Gotlieb N

Grampsas N

Grossman E

Hagedorn Y

Hefley N

Johnson N

June Y

Kaufman N

Keller Y

Kreutz Y

Lawrence N

Leyba Y

Mace Y

May N

McElhany Y


McPherson Y

Miller N

Morrison Y

Musgrave N

Nichol Y

Owen Y

Pankey N

Paschall N

Pfiffner N

Reeser Y

Romero Y

Salaz N

Saliman Y

Schauer Y

Sinclair N

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker N

Tupa N

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young N

Zimmerman Y

Mr. Speaker N

Representative Taylor moved to amend the Report of the Committee of the Whole to show that HB98­1327, as amended, did not pass.

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

YES 23 NO 41 EXCUSED 1 ABSENT 0

Adkins N

Agler N

Alexander Y

Allen N

Anderson N

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean N

Dyer Y

Entz N

Epps Y

Faatz N

George N


Gordon N

Gotlieb N

Grampsas N

Grossman E

Hagedorn Y

Hefley N

Johnson N

June Y

Kaufman N

Keller Y

Kreutz N

Lawrence N

Leyba N

Mace Y

May N

McElhany N


McPherson N

Miller Y

Morrison N

Musgrave N

Nichol Y

Owen N

Pankey N

Paschall N

Pfiffner N

Reeser Y

Romero Y

Salaz N

Saliman N

Schauer Y

Sinclair N

Smith N


Snyder N

Spradley N

Sullivant Y

Swenson N

Takis Y

Tate Y

Taylor Y

Tool N

Tucker N

Tupa N

Udall N

Veiga Y

Williams, S. Y

Williams, T. N

Young N

Zimmerman Y

Mr. Speaker N

Representative Arrington moved to amend the Report of the Committee of the Whole to show that Amendment No. 5, by Representative Tate (printed in House Journal page 710 lines 16-31), to HB 98­1060 did not pass, that the following Arrington amendment did pass, and that HB98­1060, as amended, did pass.

Amend the Business Affairs and Labor Committee Report, dated January 13, 1998, page 4, strike lines 27 through 34.

Strike page 5.

Page 6, strike lines 1 through 18 and substitute the following:

"Page 33, strike lines 23 through 26.

Strike pages 34 and 35.

Page 36, strike lines 1 through 23.

Renumber succeeding sections accordingly.".

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

YES 26 NO 38 EXCUSED 1 ABSENT 0

Adkins Y

Agler Y

Alexander N

Allen Y

Anderson N

Arrington Y

Bacon N

Berry, G. N

Chavez N

Clarke N

Dean Y

Dyer N

Entz Y

Epps Y

Faatz N

George Y


Gordon N

Gotlieb N

Grampsas Y

Grossman E

Hagedorn N

Hefley N

Johnson Y

June N

Kaufman N

Keller N

Kreutz Y

Lawrence N

Leyba N

Mace N

May N

McElhany N


McPherson Y

Miller Y

Morrison N

Musgrave Y

Nichol N

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser N

Romero N

Salaz Y

Saliman N

Schauer N

Sinclair N

Smith Y


Snyder N

Spradley N

Sullivant Y

Swenson Y

Takis N

Tate N

Taylor Y

Tool Y

Tucker Y

Tupa N

Udall N

Veiga N

Williams, S. N

Williams, T. N

Young Y

Zimmerman N

Mr. Speaker N

Representative Taylor moved to amend the Report of the Committee of the Whole to show that the following Taylor amendment to HB98­1327 did pass, and that HB98­1327, as amended, did pass.

Amend the Transportation and Energy Committee Report, dated February 11, 1998, page 1, line 6, strike ""CAR" and substitute ""METROPOLITAN CAR";

before line 7, insert the following:

"line 6, strike "ON ALL OR PART OF THE SAME ROUTE" and substitute "BETWEEN POINTS WITHIN COUNTIES HAVING A POPULATION OF AT LEAST ONE HUNDRED THOUSAND";".

Page 2 of the committee report, line 4, strike ""CAR" and substitute ""METROPOLITAN CAR";

before line 5, insert the following:

"line 8, strike "ON ALL OR PART OF THE SAME ROUTE" and substitute "BETWEEN POINTS WITHIN COUNTIES HAVING A POPULATION OF AT LEAST ONE HUNDRED THOUSAND";".

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

YES 34 NO 30 EXCUSED 1 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen N

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean N

Dyer Y

Entz Y

Epps N

Faatz N

George Y


Gordon N

Gotlieb N

Grampsas N

Grossman E

Hagedorn Y

Hefley N

Johnson N

June Y

Kaufman N

Keller Y

Kreutz Y

Lawrence Y

Leyba N

Mace Y

May N

McElhany Y


McPherson Y

Miller Y

Morrison N

Musgrave N

Nichol Y

Owen N

Pankey N

Paschall N

Pfiffner N

Reeser N

Romero Y

Salaz N

Saliman Y

Schauer Y

Sinclair N

Smith Y


Snyder N

Spradley Y

Sullivant N

Swenson Y

Takis Y

Tate N

Taylor Y

Tool N

Tucker N

Tupa N

Udall Y

Veiga Y

Williams, S. Y

Williams, T. N

Young N

Zimmerman Y

Mr. Speaker Y

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB98-1192 amended, 1327 amended, 1335 amended, 1060 amended.

Lost on Second Reading: HB98-1265 amended.

Laid over until date indicated retaining place on Calendar:

HB98-1337--February 23, 1998.

SB98-36--February 27, 1998.

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was adopted.

YES 64 NO 0 EXCUSED 1 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke YDean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman E

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB98-1052, 1084, 1095, 1341, and 1346.

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB98-151;

SB98- 049, amended as printed in Senate Journal, February 13, pages 232-234;

SB98- 124, amended as printed in Senate Journal, February 19, page 281;

SB98- 133, amended as printed in Senate Journal, February 19, page 282;

SB98- 145, amended as printed in Senate Journal, February 19, page 281;

SB98- 165, amended as printed in Senate Journal, February 19, page 282.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB98-151; and, without comment, as amended, SB98-049, 124, 145, and 165.

______________

MESSAGE FROM THE GOVERNOR

I certify I received the following on the 20th day of February, 1998, at 10:10 a.m. The original is on file in the records of the House of Representatives of the General Assembly.

Judith Rodrigue,

Chief Clerk of the House

February 20, 1998

To the Honorable

Colorado House of Representatives

Sixty-first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Act:

H.B. 98-1121 Concerning the Continuation of the Colorado Board of Veterans Affairs.

Approved February 19, 1998 at 6:11 p.m.

Sincerely,

(signed)

Roy Romer

Governor _______________

INTRODUCTION OF BILLS

First Reading

The following bills were read by title and referred to the committees indicated:

HB98-1377 by Representative Morrison--Concerning independent review for the denial of benefits under a health insurance plan.

Committee on Health, Environment, Welfare and Institutions.

HB98-1378 by Representative McElhany--Concerning certain unlawful actions by persons against legislative witnesses.

Committee on State, Veterans, and Military Affairs.

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

Committee on Finance.

SB98-124 by Senators Schroeder, B. Alexander, Congrove, et al; also Representative Agler--Concerning a grant of qualified immunity to licensed professionals who assist in securing the safety of structures during times of emergency.

Committee on Judiciary.

SB98-145 by Senator Reeves; also Representative Allen--Concerning election judges.

Committee on State, Veterans, and Military Affairs.

SB98-151 by Senators Phillips, Thiebaut, Linkhart, Matsunaka, et al; also Representative Kaufman--Concerning mediation of controversies between unit owners' associations and unit owners under the "Colorado Common Interest Ownership Act".

Committee on Business Affairs and Labor.

SB98-165 by Senators Reeves, Hernandez, Hopper, et al; also Representative Adkins--Concerning pilot sites for performance contracting in child welfare.

Committee on Judiciary.

_______________

HOUSE CONCURRENT RESOLUTION 98-1002

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

SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:

Section 3 (1) (b) of article X of the constitution of the state of Colorado is amended, and the said section 3 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

Section 3.  Uniform taxation ­ exemptions. (1) (b)  FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999:

(I)  Residential real property, which shall include all residential dwelling units and the land, as defined by law, on which such units are located, and mobile home parks, but shall not include hotels and motels, shall be valued for assessment at twenty­one TEN percent of its actual value. For the property tax year commencing January 1, 1985, the general assembly shall determine the percentage of the aggregate statewide valuation for assessment which is attributable to residential real property. For each subsequent year, the general assembly shall again determine the percentage of the aggregate statewide valuation for assessment which is attributable to each class of taxable property, after adding in the increased valuation for assessment attributable to new construction and to increased volume of mineral and oil and gas production. For each year in which there is a change in the level of value used in determining actual value, the general assembly shall adjust the ratio of valuation for assessment for residential real property which is set forth in this paragraph (b) as is necessary to insure that the percentage of the aggregate statewide valuation for assessment which is attributable to residential real property shall remain the same as it was in the year immediately preceding the year in which such change occurs. Such adjusted ratio shall be the ratio of valuation for assessment for residential real property for those years for which such new level of value is used.

(II)  VACANT LAND, AS DEFINED BY LAW, SHALL BE VALUED FOR ASSESSMENT AT TWENTY­SIX PERCENT OF ITS ACTUAL VALUE FOR THE PROPERTY TAX YEARS COMMENCING ON JANUARY 1, 1999, AND JANUARY 1, 2000; TWENTY­FOUR PERCENT FOR THE PROPERTY TAX YEARS COMMENCING ON JANUARY 1, 2001, AND JANUARY 1, 2002; TWENTY­TWO PERCENT FOR THE PROPERTY TAX YEARS COMMENCING ON JANUARY 1, 2003, AND JANUARY 1, 2004; AND TWENTY PERCENT FOR THE PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2005.

(III)  All other taxable property shall be valued for assessment at twenty­nine TWENTY­EIGHT percent of its actual value FOR THE PROPERTY TAX YEARS COMMENCING ON JANUARY 1, 1999, AND JANUARY 1, 2000; TWENTY­SEVEN PERCENT FOR THE PROPERTY TAX YEARS COMMENCING ON JANUARY 1, 2001, AND JANUARY 1, 2002; TWENTY­SIX PERCENT FOR THE PROPERTY TAX YEARS COMMENCING ON JANUARY 1, 2003, AND JANUARY 1, 2004; AND TWENTY­FIVE PERCENT FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2005. However, the valuation for assessment for producing mines, as defined by law, and lands or leaseholds producing oil or gas, as defined by law, shall be a portion of the actual annual or actual average annual production therefrom, based upon the value of the unprocessed material, according to procedures prescribed by law for different types of minerals. Non­producing unpatented mining claims, which are possessory interests in real property by virtue of leases from the United States of America, shall be exempt from property taxation.

(e)  FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 2000, A PORTION OF THE ACTUAL VALUE OF RESIDENTIAL REAL PROPERTY THAT, AS OF THE ASSESSMENT DATE, IS OWNER­OCCUPIED AND IS USED AS THE PRIMARY RESIDENCE OF THE OWNER SHALL BE EXEMPT FROM PROPERTY TAXATION AS FOLLOWS:

(I)  FOR THE PROPERTY TAX YEARS COMMENCING ON JANUARY 1, 2000, AND JANUARY 1, 2001, THE FIRST TWENTY­FIVE THOUSAND DOLLARS OF THE ACTUAL VALUE OR AN AMOUNT EQUAL TO THIRTY PERCENT OF THE ACTUAL VALUE, WHICHEVER IS LESS;

(II)  FOR THE PROPERTY TAX YEARS COMMENCING ON JANUARY 1, 2002, AND JANUARY 1, 2003, THE FIRST FIFTY THOUSAND DOLLARS OF THE ACTUAL VALUE OR AN AMOUNT EQUAL TO FORTY PERCENT OF THE ACTUAL VALUE, WHICHEVER IS LESS;

(III)  FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2004, THE FIRST SEVENTY­FIVE THOUSAND DOLLARS OF THE ACTUAL VALUE OR AN AMOUNT EQUAL TO FIFTY PERCENT OF THE ACTUAL VALUE, WHICHEVER IS LESS.

Section 20 (4) of article X of the constitution of the state of Colorado is amended, and the said section 20 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

Section 20.  The Taxpayer's Bill of Rights.  (4)  Required elections. Starting November 4, 1992, districts must have voter approval in advance for: (a) Unless (1), or (6), OR (10) applies, any new tax, tax rate increase, mill levy above that for the prior year, valuation for assessment ratio increase for a property class, or extension of an expiring tax, or a tax policy change directly causing a net tax revenue gain to any district.

(10)  Mill levies.  ON OR AFTER JANUARY 1, 1999, BUT PRIOR TO JANUARY 1, 2006, A LOCAL DISTRICT MAY IMPOSE A MILL LEVY ABOVE THAT FOR THE PRIOR YEAR WITHOUT VOTER APPROVAL AS LONG AS THE AMOUNT OF THE DISTRICT'S PROPERTY TAX REVENUE THAT WILL RESULT FROM THE IMPOSITION OF SUCH MILL LEVY DOES NOT EXCEED THE LIMITATION ON THE DISTRICT'S PROPERTY TAX REVENUE SET FORTH IN PARAGRAPH (c) OF SUBSECTION (7) OF THIS SECTION FOR THE BUDGET YEAR FOR WHICH THE MILL LEVY IS IMPOSED.

SECTION 2.  Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO SECTIONS 3 AND 20 OF ARTICLE X OF THE STATE CONSTITUTION, CONCERNING PROPERTY TAXATION, AND, IN CONNECTION THEREWITH, MODIFYING THE VALUATION FOR ASSESSMENT PERCENTAGES FOR CERTAIN CLASSIFICATIONS OF PROPERTY, ESTABLISHING A HOMESTEAD EXEMPTION FOR A PORTION OF THE ACTUAL VALUE OF OWNER­OCCUPIED RESIDENTIAL PROPERTY USED AS A PRIMARY RESIDENCE AND OWNED BY A PERSON WHO HAS RESIDED IN THE STATE FOR TWO YEARS OR LONGER, AND AUTHORIZING MILL LEVIES TO BE INCREASED WITHOUT PRIOR VOTER APPROVAL AS LONG AS THE EXISTING CONSTITUTIONAL RESTRICTION ON PROPERTY TAX REVENUES IS NOT EXCEEDED?"

SECTION 3.  The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until February 23, retaining place on Calendar:

Consideration of Resolutions--HJR98-1010, 1004.

Consideration of Senate Amendments--HB98-1043, 1031, 1347, 1344.

_______________

On motion of Representative Anderson, the House adjourned until 10:00 a.m., February 23, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk