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

Seventy-sixth Legislative Day Monday, March 23, 1998

Prayer by the Reverend Bill Haan, Englewood Bible Church.

The Speaker called the House to order at 10:00 a.m.

The roll was called with the following result:

Present--64.

Absent and excused--Representative Grampsas--1.

Present after roll call--Representative Grampsas.

The Speaker declared a quorum present.

_______________

On motion of Representative Takis, the reading of the journal of March 20, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

______________

PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB98-1400 and 1401.

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB98-1026, 1055, 1064, 1253, 1283, and 1328.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and returns herewith: HJR98-1015, 1019, and 1022.

The Senate has postponed indefinitely and returns herewith: HB98-1060, 1164, and 1226.

______________

INTRODUCTION OF BILLS

First Reading

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

HB98-1401 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--To provide for the payment of the expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 1998, except as otherwise noted.

Committee on Appropriations.

HB98-1402 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning an increase in the transfer of moneys from the general fund to the capital construction fund.

Committee on Appropriations.

_______________

CHANGE IN SPONSORSHIP

Representative Salaz announced that Senator Dennis has replaced Senator B. Alexander as Senate sponsor for HB98-1260.

_______________

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.

HB98-1146 by Representative Allen--Concerning an expedited dismissal procedure for public school teachers whose performance remains unsatisfactory following completion of intensive remediation.

Laid over until March 30, retaining place on Calendar.

HB98-1099 by Representatives Pfiffner, Leyba, and Owen; also Senators J. Johnson, Dennis, and Mutzebaugh--Con-cerning managed competition for personal services contracts entered into by state government.

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 N

Clarke N

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 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 Y

Schauer Y

Sinclair Y

Smith Y


Snyder N

Spradley Y

Sullivant Y

Swenson Y

Takis N

Tate N

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Anderson, Arrington, Lawrence, Paschall, Sullivant.

SB98-141 by Senator Blickensderfer; also Representative Owen--Concerning conditions for the distribution of moneys from the Colorado economic development fund.

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 Lawrence.

SB98-011 by Senator Bishop; also Representative Allen--Concerning qualifications for the office of school district director, and,

in connection therewith, prohibiting any person convicted of the commission of a sex offense against a child from serving on a school district board of 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 59 NO 6 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 N

Leyba N

Mace Y

May Y

McElhany Y


McPherson N

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 N

Sullivant Y

Swenson Y

Takis N

Tate N

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Epps, Hefley, Mace.

SB98-082 by Senator B. Alexander; also Representative Dean--Concerning the Colorado postsecondary educational facilities authority, and, in connection therewith, changing the name of the authority to the Colorado educational and cultural facilities authority and modifying the institutions that may receive assistance from the authority.

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 64 NO 1 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 YDyer 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 N

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, Epps.

SB98-071 by Senator Phillips; also Representative Takis--Concerning the amount a municipality can appropriate annually to associated charity organizations.

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 N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz N

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 N

Leyba Y

Mace Y

May Y

McElhany N


McPherson N

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey N

Paschall N

Pfiffner N

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair N

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson N

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 Mace, Udall.

SB98-051 by Senator Blickensderfer; also Representative McElhany--Concerning mandated insurance coverages for state 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 64 NO 1 EXCUSED 0 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington YBacon 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 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 Leyba, Pfiffner, Udall.

SB98-111 by Senator Coffman; also Representative Hefley--Concerning certain governmental entities to which current members of the Colorado general assembly are appointed, and, in connection therewith, authorizing the appointment of former members of the Colorado general assembly to such governmental entities.

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 32 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 Y

Gotlieb N

Grampsas Y

Grossman N

Hagedorn Y

Hefley Y

Johnson N

June N

Kaufman Y

Keller N

Kreutz N

Lawrence N

Leyba N

Mace N

May Y

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 Y

Smith N


Snyder N

Spradley Y

Sullivant Y

Swenson Y

Takis N

Tate N

Taylor Y

Tool N

Tucker Y

Tupa N

Udall N

Veiga N

Williams, S. N

Williams, T. N

Young N

Zimmerman N

Mr. Speaker N

Co-sponsor added: Representative Dean.

SB98-070 by Senator Tanner; also Representative Tate--Concerning tuition vouchers at community colleges for Colorado works participants.

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 64 NO 1 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 N

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 Bacon, Clarke, Dyer, Hagedorn, Mace, Nichol, Udall.

SB98-128 by Senator Wells; also Representative Smith--Concerning the prepaid postsecondary education expense trust program.

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 Alexander, Dyer, Kreutz, Leyba, Nichol, S.Williams.

HB98-1379 by Representatives Anderson and McPherson; also Senators Schroeder and Lamborn--Concerning the recommendations of the legislative council relating to approval of air quality control commission revisions to the air quality state implementation plan.

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 5 EXCUSED 0 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean N

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 N

Pfiffner N

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant N

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

HB98-1068 by Representative Anderson; also Senator Ament--Concerning improvements to the state radio communications network, and, in connection therewith, creating a public safety communications trust fund, 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 53 NO 12 EXCUSED 0 ABSENT 0

Adkins Y

Agler N

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke YDean N

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 N

McElhany N


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall N

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley N

Sullivant N

Swenson N

Takis Y

Tate Y

Taylor Y

Tool N

Tucker N

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. N

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Kaufman, Nichol.

HB98-1072 by Representative Morrison; also Senator Wham--Concerning the regulation of the practice of psychotherapy, and, in connection therewith, continuing the Colorado state board of psychologist examiners, the state board of social work examiners, the state board of licensed professional counselor examiners, and the state board of marriage and family therapist examiners, continuing the authority of the state grievance board, and making appropriations.

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 13 EXCUSED 0 ABSENT 0

Adkins Y

Agler N

Alexander Y

Allen N

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean N

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 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 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 N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Gotlieb, Leyba, Mace.

________________

On motion of Representative Pfiffner, 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.)

SB98-157 by Senator Tebedo; also Representative Kreutz--Concerning family child care homes.

Laid over until March 24, retaining place on Calendar.

SB98-171 by Senator Lacy; also Representative Dean--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.

Amendment No. 1, Local Government Report, dated March 16, 1998, and placed in member's bill file; Report also printed in House Journal, March 18, pages 957-959.

Amendment No. 2, by Representative Faatz.

Amend the Local Government Committee Report, dated March 16, 1998, page 2, line 30, strike ""or (4)"." and substitute the ""or (4)";";

after line 30, insert the following:

"after line 19, insert the following:

"SECTION 4.  32­15­110, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

32­15­110. Sales tax imposed ­ collection ­ administration of tax ­ discontinuance. (6)  NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE CONTRARY, THE SALES AND USE TAX TO BE COLLECTED PURSUANT TO THIS ARTICLE SHALL NOT EXCEED AN AMOUNT NECESSARY TO PAY UP TO TWO HUNDRED SIXTY­SIX MILLION DOLLAR PRINCIPAL AMOUNT OF SPECIAL OBLIGATION BONDS, PLUS THE INTEREST AND PREPAYMENT PENALTY, IF ANY, FOR SUCH BONDS, PLUS AN AMOUNT, THE NET PRESENT VALUE OF WHICH, SHALL NOT EXCEED SEVENTY­FIVE MILLION DOLLARS.".

Renumber succeeding sections accordingly.".

Amendment No. 3, by Representative Agler.

Amend the Local Government Committee Report, dated March 16, 1998, page 2, line 1, strike "shall make a good faith effort to NOT" and substitute "shall make a good faith effort MAY";

line 2 strike "and NOR" and substitute "and";

Strike lines 4 through 14 and substitute the following:

"service marks, trade names, and logos. PRIOR TO MAKING A DETERMINATION TO SELL OR LEASE THE NAME OF THE STADIUM, THE BOARD SHALL ASSESS THE COSTS AND BENEFITS OF SUCH SALE OR LEASE AND SPECIFICALLY CONSIDER THE PUBLIC SENTIMENT AND ANY OTHER BENEFITS ASSOCIATED WITH RETAINING THE NAME "MILE HIGH STADIUM" OR WITH USING ANY OTHER NAME THAT REFLECTS THE GEOGRAPHICAL, HISTORICAL, CULTURAL, SPIRITUAL, OR OTHER QUALITIES OF THE STATE. All proceeds from such sale or lease, if any, shall be used by the board to pay the principal, interest, and prepayment premium, if any, on outstanding special obligation bonds issued by the board pursuant to the provisions of this article.".

Amendment No. 4, by Representative Tate.

Amend the Local Government Committee Report, dated March 16, 1998, page 1, strike lines 2 and 3 and substitute the following:

"Page 3, strike line 1 and substitute the following:

"SECTION 1.  32­15­104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

32­15­104.  Creation of district ­ area of district. (1.5)  ON AND AFTER JULY 1, 1998, THE DISTRICT SHALL CONSIST OF ALL OF THE AREA WITHIN THE BOUNDARIES OF THE STATE OF COLORADO.".";

line 4, strike "Page 3,".

Amendment No. 5, by Representatives Gordon and Arrington.

Amend the Local Government Committee Report, dated March 16, 1998, page 1, line 9, strike "COSTS."." and substitute "COSTS; EXCEPT THAT THE FRANCHISE SHALL BE RESPONSIBLE FOR ONE HUNDRED PERCENT OF THE COST OVERRUN.".";

line 15, strike "COSTS.";" and substitute "COSTS; EXCEPT THAT THE FRANCHISE SHALL BE RESPONSIBLE FOR ONE HUNDRED PERCENT OF THE COST OVERRUN.";".

_______________

Committee in recess. Committee reconvened.

_______________

Amendment No. 6, by Representative Paschall.

Amend reengrossed bill, page 7, after line 10, insert the following:

"SECTION 3.  Part 1 of article 15 of title 32, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

32­15­106.8.  Personal seat licenses ­ use of revenue. IN THE EVENT THAT PERSONAL SEAT LICENSES ARE ISSUED REVENUES FROM SUCH LICENSES MUST GO EXCLUSIVELY TO REDUCING THE DISTRICT'S DEBT.".

Renumber succeeding sections accordingly.

Amendment No. 7, by Representative Leyba.

Amend reengrossed bill, page 3 line 5, strike "(1) (p),".

Page 5, strike lines 15 through 26.

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

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

HB98-1384 by Representatives Hefley, Dean, Allen, Arrington, Epps, May, McElhany, Musgrave, Owen, Paschall, and Salaz; also Senator Lamborn--Concerning parental notification of a minor's request for an abortion.

Amendment No. 1, by Representative Hefley.

Amend printed bill, page 3, line 25, strike "AND" and substitute "OR".

Page 4, after line 22, insert the following:

"(III)  THE REQUIREMENTS OF THIS SUBSECTION (4) SHALL NOT APPLY TO AN ATTENDING PHYSICIAN WHO HAS MET WITH THE PREGNANT MINOR'S PARENT AND OBTAINED A SIGNED CERTIFICATION FROM SUCH PARENT THAT HE OR SHE HAS BEEN NOTIFIED OF THE PREGNANT MINOR'S DECISION TO HAVE AN ABORTION.".

Page 5, after line 20, insert the following:

"(c)  AN ATTENDING PHYSICIAN SHALL MAINTAIN A COPY OF A SIGNED CERTIFICATION FROM A PREGNANT MINOR'S PARENT THAT HE OR SHE HAS BEEN NOTIFIED OF THE PREGNANT MINOR'S DECISION TO HAVE AN ABORTION IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPH (III) OF PARAGRAPH (b) OF THIS SUBSECTION (4).".

Amendment No. 2, by Representative Hefley.

Amend printed bill, page 4, line 7, strike "PHYSICIAN OR ANY" and substitute "PHYSICIAN.";

strike lines 8 and 9.

Amendment No. 3, by Representative Paschall.

Amend printed bill, page 3, strike lines 4 through 7, and substitute the following:

"(c)  "EMERGENCY" MEANS ANY CIRCUMSTANCE REQUIRING A MEDICAL PROCEDURE NECESSARY TO PREVENT THE DEATH OF EITHER A PREGNANT WOMAN OR HER UNBORN CHILD UNDER CIRCUMSTANCES WHERE EVERY POSSIBLE EFFORT MAY BE MADE TO PRESERVE THE LIFE OF EACH.".

Page 9, strike lines 16 through 21, and substitute the following:

"(8)  Penalties ­ evidence in civil actions. (a)  THE FACT THAT AN ATTENDING PHYSICIAN PERFORMED AN".

Reletter succeeding paragraphs accordingly.

Page 10, strike lines 16 through 17, and substitute the following:

"effect July 1, 1998.".

Amendment No. 4, by Representative Paschall.

Amend printed bill, page 3, line 1, strike "OR CAN BE FOUND";

line 2, strike "OR CAN BE FOUND".

Page 4, strike line 13, and substitute the following:

"WAIT";

strike lines 21 and 22, and substitute the following:

"PROVISIONS OF SUBSECTION (6) OF THIS SECTION.".

Page 5, strike lines 23 and 24, and substitute the following:

"THE PARENTAL NOTIFICATION REQUIREMENT MAY BE WAIVED IN AN EMERGENCY IF THERE IS INSUFFICIENT TIME TO PROVIDE THE";

line 26, strike everything after the period.

Page 6, strike lines 1 through 4, and substitute the following:

"THE ATTENDING PHYSICIAN SHALL BE REQUIRED TO SUBMIT A COMPLETE WRITTEN REPORT OF THE EMERGENCY TO THE PARENTS OF SUCH MINOR WITHIN FORTY­EIGHT HOURS AFTER THE EMERGENCY.";

line 11, before "WAIVER", insert "TIMELY";

strike lines 12 and 13, and substitute the following:

"NOTIFICATION REQUIREMENT.".

Page 10, strike lines 2 through 5.

Reletter succeeding paragraph accordingly.

As amended, declared lost on Second Reading.

HB98-1091 by Representative Epps; also Senator Powers--Concerning increased penalty for possession of a weapon by a felon, and making an appropriation therefor.

Laid over until March 24, retaining place on Calendar.

HB98-1173 by Representatives Tool and June; also Senator Rizzuto--Concerning an increase in the fees imposed for motor vehicle titles.

Amendment No. 1, Appropriations Report, dated March 13

1998, and placed in member's bill file; Report also printed in House Journal, March 13, pages 908-910.

Amendment No. 2, by Representative Tool.

Amend the Appropriations Committee Report, dated March 13, 1998, page 3, strike line 1;

line 2 of the Committee Report, strike ""SECTION" and substitute "SECTION";

line 11 of the Committee Report, strike "FTE."." and substitute "FTE.";

after line 18 of the Committee Report, insert the following:

"Page 1 of the printed bill, strike line 102, and substitute the following:

"TITLES, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".".

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

HB98-1246 by Representatives Romero, Owen, and Grampsas; also Senators Rizzuto, Blickensderfer, Lacy, and Schroeder--Concerning the elimination of the supplier database cash fund established to cover expenses relating to the state supplier database maintained by the department of personnel.

Amendment No. 1, Appropriations Report, dated March 13, 1998, and placed in member's bill file; Report also printed in House Journal, March 13, page 910.

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

HB98-1272 by Representative Kaufman; also Senator Perlmutter--Concerning domestic violence.

Amendment No. 1, Judiciary Report, dated February 5, 1998, and placed in member's bill file; Report also printed in House Journal, February 9, page 410.

Amendment No. 2, Appropriations Report, dated March 13, 1998, and placed in member's bill file; Report also printed in House Journal, March 13, page 911.

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

HB98-1318 by Representative Grampsas; also Senator Lacy--Concerning the creation of a trust fund for the purpose of funding future capital construction projects for the university of Colorado health sciences center at the former Fitzsimons army base, and making an appropriation in connection therewith.

Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

SB98-007 by Senators Hopper, Martinez, Pascoe, et. al.; also Representatives C. Berry, K. Alexander, Dyer, George, Grossman, S. Johnson, Keller, Mace, Morrison, and S. Williams--Concerning the continuation of the credit against state income taxes for contributions made for purposes of promoting employment for homeless persons.

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

SB98-172 by Senators Lacy, Blickensderfer, and Rizzuto; also Rep-resentatives Owen, Grampsas, and Romero--Concerning the elimination of the management fee imposed on the investment of certain state moneys by the state treasurer.

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

SB98-173 by Senators Rizzuto, Blickensderfer, and Lacy; also Representatives Owen, Grampsas, and Romero--Concerning the exclusion of direct medicare part B costs from allowable medicaid reimbursement to certain nursing facilities.

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

HB98-1385 by Representatives Owen, Grampsas, and Romero; also Senators Blickensderfer, Lacy, and Rizzuto--Concerning establishment of catchment areas for juvenile facilities.

Amendment No. 1, Judiciary Report, dated March 17, 1998, and placed in member's bill file; Report also printed in House Journal, March 18, page 955.

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

On motion of Representative Anderson, the remainder of the General Orders Calendar (HB98-1396, SB98-72, 23, 52) was laid over until March 24, retaining place on Calendar.

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representatives Anderson and Tupa moved to amend the Report of the Committee of the Whole to show that Amendment No. 4, by Representative Tate (printed in House Journal page 1019, lines 17-31), to SB98­171 did not pass, that the following Tupa amendment to SB98­171 did pass, and that SB98­171, as amended, did pass.

Amend the Local Government Committee Report, dated March 16, 1998, page 1, strike lines 2 and 3 and substitute the following:

"Page 3, strike line 1 and substitute the following:

"SECTION 1.  The introductory portion to 32­15­104 (1), Colorado Revised Statutes, is amended, and the said 32­15­104 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

32­15­104.  Creation of district ­ area of district. (1)  There is hereby created a district to be known and designated as the metropolitan football stadium district. The district shall be a body corporate and politic and a political subdivision of the state. EXCEPT AS PROVIDED IN SUBSECTION (1.5) OF THIS SECTION, the area comprising the district shall consist of:

(1.5)  ON AND AFTER JULY 1, 1998, THE DISTRICT SHALL, IN ADDITION TO ANY AREAS LISTED UNDER SUBSECTION (1) OF THIS SECTION, CONSIST OF THE FOLLOWING AREAS:

(a)  ALL OF THE COUNTY OF ADAMS, EXCLUDING VOTER TABULATION DISTRICTS 2087 AND 2090, AS THE DISTRICTS ARE USED BY THE UNITED STATES BUREAU OF THE CENSUS IN DESIGNATION OF LAND AREAS FOR PURPOSES OF THE 1990 CENSUS;

(b)  ALL OF THE COUNTY OF ARAPAHOE, EXCLUDING VOTER TABULATION DISTRICTS 1508 AND 1511, AS THE DISTRICTS ARE USED BY THE UNITED STATES BUREAU OF THE CENSUS IN DESIGNATION OF LAND AREAS FOR PURPOSES OF THE 1990 CENSUS;

(c)  ALL OF THE COUNTY OF DOUGLAS; AND

(d)  THE FOLLOWING AREA IN WELD COUNTY: BEGINNING AT A POINT ON THE WESTERN RIGHT­OF­WAY LINE OF COUNTY ROAD 1 WHERE IT INTERSECTS THE SOUTHERN RIGHT­OF­WAY LINE OF COUNTY ROAD 2; THENCE NORTH ALONG THE WESTERN RIGHT­OF­WAY LINE OF COUNTY ROAD 1 TO THE NORTHERN RIGHT­OF­WAY LINE OF COUNTY ROAD 30; THENCE EAST ALONG THE NORTHERN RIGHT­OF­WAY LINE OF COUNTY ROAD 30 TO THE EASTERN RIGHT­OF­WAY LINE OF COUNTY ROAD 19; THENCE SOUTH ALONG THE EASTERN RIGHT­OF­WAY LINE OF COUNTY ROAD 19 TO THE SOUTHERN RIGHT­OF­WAY LINE OF COUNTY ROAD 2; THENCE WEST ALONG THE SOUTHERN RIGHT­OF­WAY LINE OF COUNTY ROAD 2 TO THE BEGINNING POINT.".";

line 4, strike "Page 3,".

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

YES 48 NO 17 EXCUSED 0 ABSENT 0

Adkins N

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 Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley N

Johnson Y

June N

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace N

May N

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 N

Saliman Y

Schauer Y

Sinclair N

Smith Y


Snyder N

Spradley Y

Sullivant N

Swenson Y

Takis N

Tate N

Taylor Y

Tool N

Tucker Y

Tupa Y

Udall N

Veiga Y

Williams, S. Y

Williams, T. Y

Young N

Zimmerman N

Mr. Speaker Y

Representative Dean moved to amend the Report of the Committee of the Whole to show that Amendment No. 5, by Representatives Gordon and Arrington (printed in House Journal page 1019, lines 33-42), to SB98­171, did not pass, and that SB98­171, as amended, did pass.

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

YES 35 NO 30 EXCUSED 0 ABSENT 0

Adkins Y

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 N

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley N

Johnson N

June Y

Kaufman Y

Keller N

Kreutz N

Lawrence N

Leyba N

Mace Y

May Y

McElhany Y


McPherson N

Miller Y

Morrison N

Musgrave N

Nichol Y

Owen Y

Pankey Y

Paschall N

Pfiffner N

Reeser Y

Romero N

Salaz N

Saliman N

Schauer Y

Sinclair Y

Smith Y


Snyder N

Spradley N

Sullivant N

Swenson Y

Takis N

Tate N

Taylor Y

Tool Y

Tucker Y

Tupa N

Udall N

Veiga N

Williams, S. Y

Williams, T. Y

Young N

Zimmerman N

Mr. Speaker N

Representative Dean moved to amend the Report of the Committee of the Whole to show that Amendment No. 7, by Representative Leyba (printed in House Journal page 1020, lines 7-11), to SB98­171, did not pass, and that SB98­171, as amended, did pass.

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

YES 34 NO 31 EXCUSED 0 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon N

Berry, G. Y

Chavez N

Clarke N

Dean Y

Dyer Y

Entz Y

Epps N

Faatz N

George Y


Gordon N

Gotlieb Y

Grampsas Y

Grossman N

Hagedorn N

Hefley N

Johnson N

June Y

Kaufman Y

Keller N

Kreutz N

Lawrence Y

Leyba N

Mace Y

May Y

McElhany Y


McPherson N

Miller Y

Morrison Y

Musgrave N

Nichol N

Owen Y

Pankey N

Paschall N

Pfiffner N

Reeser Y

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 Y

Williams, S. N

Williams, T. N

Young Y

Zimmerman N

Mr. Speaker Y

Representatives Hefley, Arrington, Dean, May, Paschall, and Musgrave moved to amend the Report of the Committee of the Whole to show that HB98­1384, as amended, did pass.

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

YES 31 NO 34 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 N

Entz N

Epps Y

Faatz N

George N


Gordon N

Gotlieb N

Grampsas Y

Grossman N

Hagedorn N

Hefley Y

Johnson Y

June N

Kaufman N

Keller N

Kreutz N

Lawrence Y

Leyba N

Mace N

May Y

McElhany Y


McPherson N

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 Y

Smith Y


Snyder N

Spradley Y

Sullivant Y

Swenson Y

Takis N

Tate N

Taylor N

Tool N

Tucker Y

Tupa N

Udall N

Veiga N

Williams, S. N

Williams, T. Y

Young Y

Zimmerman N

Mr. Speaker Y

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: SB98-171 amended, HB98-1173 amended, 1246 amended, 1272 amended, 1318, SB98-7, 172, 173, HB98-1385 amended.

Lost on Second Reading: HB98-1384 amended.

Laid over until date indicated retaining place on Calendar: SB98-157, HB98-1091, 1396, SB98-72, 23, 52--March 24, 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 61 NO 3 EXCUSED 1 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 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 Y

McElhany Y


McPherson Y

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 Y

Sullivant E

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

_______________

On motion of Representative Anderson, HB98-1395 shall be made Special Orders on Monday, March 23, 1998, at 4:57 p.m.

_______________

The hour of 4:57 p.m., having arrived, on motion of Representative Pfiffner, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman.

_______________

SPECIAL ORDERS--SECOND READING OF BILL

The Committee of the Whole having risen, the Chairman reported the title of the following bill had been read (reading at length had been dispensed with by unanimous consent), the bill 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.)

HB98-1395 by Representatives Taylor, Miller, Sullivant, Young, Allen, G. Berry, Dean, Dyer, Entz, Gordon, Grossman, June, Leyba, Nichol, Romero, Salaz, Saliman, Takis, Udall, S. Williams, and Zimmerman; also Senators Rizzuto, Lacy, Mutzebaugh, and Wattenberg--Concerning the authority of the department of transportation to immediately acquire the Towner railroad line as part of the state rail bank, and making an appropriation therefor.

Amendment No. 1, Business Affairs and Labor Report, dated March 17, 1998, and placed in member's bill file; Report also printed in House Journal, March 18, pages 943-944.

Amendment No. 2, Appropriations Report, dated March 20, 1998, and placed in member's bill file; Report also printed in House Journal, March 20, pages 977-978.

Amendment No. 3, by Representative Taylor.

Amend the Business Affairs and Labor Committee Report, dated March 17, 1998, page 1, line 10, strike "RAILROAD PURPOSES." and substitute "CONTINUED RAILROAD TRANSPORTATION OVER THE LINE.".

Page 2, line 1, strike "LINE" and substitute "LINE, SUBJECT TO ANY CONTRACTUAL RIGHT OF FIRST REFUSAL,".

Amendment No. 4, by Representative Adkins.

Amend the Business Affairs and Labor Committee Report, dated March 17, 1998, page 1, line 5, after "SELL" insert "OR LEASE";

line 8, after the period, insert "ANY LEASE FOR THE OPERATION OF THE TOWNER RAILROAD LINE SHALL INCLUDE THE PAYMENT OF PROPERTY TAXES THAT A PRIVATE OWNER OF THE TOWNER RAILROAD LINE WOULD PAY IF THE LINE WERE NOT OWNED BY THE STATE.";

line 9, after "SELL" insert "OR LEASE";

line 11, after "SALE" insert "OR LEASE".

Amendment No. 5, by Representative Adkins.

Amend the Business Affairs and Labor Committee Report, dated March 17, 1998, page 1, line 10, after the period, add "THE DEPARTMENT SHALL RECEIVE FOR THE SALE OF THE TOWNER RAILROAD LINE AT LEAST THE PRICE PAID BY THE DEPARTMENT PURSUANT TO THIS SUBSECTION (4) PLUS AN AMOUNT EQUAL TO THE RATE OF INTEREST EARNED BY THE STATE TREASURY POOL DURING THE PERIOD OF THE STATE'S OWNERSHIP OF THE TOWNER RAILROAD LINE.".

Amendment No. 6, by Representative Adkins.

Amend the Business Affairs and Labor Committee Report, dated March 17, 1998, page 1, line 8, after the period insert "THE DEPARTMENT SHALL UTILIZE COMPETITIVE BIDDING TO SELECT A PURCHASER OR LESSEE OF THE TOWNER RAILROAD LINE.".

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: HB98-1395 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 58 NO 5 EXCUSED 2 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 N

Grampsas E

Grossman Y

Hagedorn N

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany N


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

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 E

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 HB98-1014, 1081, 1274, 1297, 1332, 1360, and 1363.

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

HB98- 1008, amended as printed in Senate Journal, March 20, page 515;

HB98- 1018, amended as printed in Senate Journal, March 20, page 516;

HB98- 1021, amended as printed in Senate Journal, March 20, page 516;

HB98- 1036, amended as printed in Senate Journal, March 20, page 515;

HB98- 1103, amended as printed in Senate Journal, March 20, page 516;

HB98- 1179, amended as printed in Senate Journal, March 20, page 516, and on Third Reading as printed in Senate Journal, March 23;

HB98- 1204, amended as printed in Senate Journal, March 20, page 515;

HB98- 1235, amended as printed in Senate Journal, March 20, page 515;

HB98- 1243 amended as printed in Senate Journal, March 20, page 514, and on Third Reading as printed in Senate Journal, March 23;

HB98- 1309, amended as printed in Senate Journal, March 20, page 515;

HB98- 1323 , amended as printed in Senate Journal, March 20, page 518.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, HB98-1008, 1018, 1021, 1036, 1103, 1179, 1204, 1235, 1243, 1309, and 1323.

______________

MESSAGE FROM THE GOVERNOR

I certify I received the following on the 23rd day of March, 1998, at 5:13 p.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

March 23, 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 Acts:

H.B. 98-1017 Concerning clarification of the Colorado Racing Commission's authority regarding regulation of participation in race meets.

Approved March 23, 1998 at 1:30 p.m.

H.B. 98-1019 Concerning the terms of mandatory health care coverage provisions for newborn children and maternity, and, in connection therewith, requiring that such coverages include a minimum length of a hospital stay after childbirth.

Approved March 23, 1998 at 1:10 p.m.

H.B. 98-1024 Concerning the taxability of survivor benefits payable to the survivors of a member of the statewide death and disability plan.

Approved March 23, 1998 at 1:31 p.m.

H.B. 98-1035 Concerning the elimination of a maximum benefit amount for a retirement pension payable by the board to volunteer firefighters who have twenty years of active service and who are over the age of fifty years when an actuarial review indicates that a payment higher than one hundred dollars is actuarially sound.

Approved March 23, 1998 at 1:33 p.m.

H.B. 98-1038 Concerning payment to workers' compensation funds by insurers offering workers' compensation large deductible policies.

Approved March 23, 1998 at 1:35 p.m.

H.B. 98-1056 Concerning the specification of a period of active service required for the payment of an early retirement pension to a volunteer firefighter by the board of the trustees of a volunteer firefighter pension fund.

Approved March 23, 1998 at 1:36 p.m.

H.B. 98-1067 Concerning the conforming of certain provisions of the AColorado Employment Securities Act" to the scope of coverage of provisions of federal law.

Approved March 23, 1998 at 1:38 p.m.

H.B. 98-1073 Concerning the continuation of the Mineral, Energy and Geology Policy Advisory Board in the Department of Natural Resources.

Approved March 23, 1998 at 1:39 p.m.

H.B. 98-1074 Concerning continuation of the Utility Consumers Board in the Department of Regulatory Agencies.

Approved March 23, 1998 at 1:40 p.m.

H.B. 98-1076 Concerning the continuation of the compliance advisory panel to the air pollution control division in the Department of Public Health and Environment.

Approved March 23, 1998 at 1:41 p.m.

H.B. 98-1078 Concerning the continuation of the Office of Consumer Counsel in the Department of Regulatory Agencies.

Approved March 23, 1998 at 1:42 p.m.

H.B. 98-1082 Concerning charging a fee for a replacement electronic benefits transfer card.

Approved March 23, 1998 at 1:42 p.m.

H.B. 98-1097 Concerning the consistency of the definition of the term Aemployer" under the AColorado Employment Securities Act" with such term under the AFederal Unemployment Tax Act.@

Approved March 23, 1998 at 1:43 p.m.

H.B. 98-1119 Concerning the repeal of provisions of the ABank Electronic Funds Act" that may create disparities in the regulatory burdens imposed on banks with regard to their use of communications facilities.

Approved March 23, 1998 at 1:43 p.m.

H.B. 98-1120 Concerning the reestablishment of the requirement that Colorado state individual income tax return forms contain a line whereby individual taxpayers may make voluntary contributions to the United States Olympic Committee.

Approved March 23, 1998 at 1:44 p.m.

H.B. 98-1126 Concerning changes to obsolete provisions of the AColorado Employment Security Act," and, in connection therewith, repealing obsolete statutory provisions and modifying waiting period and between-claim earnings requirements.

Approved March 23, 1998 at 1:44 p.m.

H.B. 98-1132 Concerning the appointment of county judges pursuant to agreement of the parties.

Approved March 23, 1998 at 1:45 p.m.

H.B. 98-1139 Concerning a strengthening of the prohibition against the use of tobacco at schools.

Approved March 23, 1998 at 1:20 p.m.

H.B. 98-1225 Concerning adjustment of the fee for the physician assistants' peer health assistance program

Approved March 23, 1998 at 1:46 p.m.

H.B. 98-1229 Concerning extension of the program to provide home-and community-based services for persons with major mental illnesses.

Approved March 23, 1998 at 1:46 p.m.

H.B. 98-1273 Concerning school bus operation procedures to protect the safety of passengers.

Approved March 23, 1998 at 1:48 p.m.

H.B. 98-1279 Concerning the issuance of special license plates for alumni associations of institutions of higher education located in Colorado.

Approved March 23, 1998 at 1:46 p.m.

H.B. 98-1331 Concerning limited authority for the controller to allow expenditures in excess of appropriations for the purpose of addressing unforseen circumstances arising when the General Assembly is not meeting in session.

Approved March 23, 1998 at 1:49 p.m.

Sincerely,

(signed)

Roy Romer

Governor

______________

INTRODUCTION OF BILL

First Reading

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

HB98-1403 by Representative George; also Senator Wham--Concerning the capital development committee, and, in connection therewith, specifying how and when members are appointed and the date by which the chairman and vice-chairman of the committee shall be elected.

Committee on State, Veterans, and Military Affairs.

______________

INTRODUCTION OF RESOLUTION

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

HJR98-1023 by Representatives Musgrave, Entz, and Young; also Senator Ament--Concerning American Heritage Rivers Initiative.

Committee on Agriculture, Livestock, and Natural Resources.

WHEREAS, The Clinton Administration announced the intent to initiate the American Heritage Rivers Initiative by executive order in the Federal Register on May 19, 1997, and reissued the order on June 20, 1997, without Congressional approval; and

WHEREAS, The American Heritage Rivers Initiative (AHRI) would designate ten American waterways as "Heritage Rivers", each to be overseen by a "River Navigator" appointed by the President at a salary of $100,000 per year, who would coordinate the efforts of thirteen federal agencies that would, in turn, advise local communities on river restoration projects; and

WHEREAS, Although the AHRI has been promoted by the Administration as a "grassroots", "bottom-up" initiative, the designation of rivers and river segments for the program and the selection of the River Navigator exclude any local input; and

WHEREAS, The authority asserted by the Executive Branch to initiate the AHRI through executive order is without constitutional basis and circumvents the legislative process; and

WHEREAS, The AHRI is not needed because, as was noted in the Federal Register announcement, "Communities across America are working to revitalize their waterfronts and to enhance the historic, cultural, recreational, economic, public health, and environmental values of their rivers"; and

WHEREAS, Such community­based efforts, such as the Yampa, Arkansas, and South Platte Riverfront projects in Colorado, have enjoyed tremendous success and have avoided the costs and inefficiencies associated with the involvement of thirteen federal agencies; and

WHEREAS, The intrusion of a "River Navigator", who is envisioned under the AHRI to be the final arbiter over decisions related to Heritage Rivers, into local land use and water resource decision­making effectively usurps local control and stifles local decision­making and may lead to de facto federal land use and water allocation regulations without any statutory authority; and

WHEREAS, Such intrusion by the "River Navigator" could well lead to inappropriate influence on decision­making regarding the distribution of federal funds; and

WHEREAS, Although the AHRI program is purported to be voluntary, no provision in the AHRI prevents a selection council from nominating a river over the objections of private landowners based on the support of entities in the area that have no property or economic interests in the river basin; and

WHEREAS, The AHRI is contrary to the current Administration's "Reinventing Government" program, which includes the principles of less government and less cost to the taxpayer; 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 we, the members of the Colorado General Assembly, hereby request that no rivers in Colorado be designated as "Heritage Rivers" under the American Heritage Rivers Initiative;

2.  That we, the members of the Colorado General Assembly, hereby request the withdrawal of the American Heritage Rivers Initiative;

3.  That we, the members of the Colorado General Assembly, hereby request the Congress of the United States to withhold funding for the implementation of the American Heritage Rivers Initiative.

Be It Further Resolved, That copies of this resolution be sent to each member of Colorado's Congressional delegation.

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LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until March 24, retaining place on Calendar:

Consideration of Resolutions--SJR98-12, HJR98-1009, 1011, 1018, 1017, 1021.

Consideration of Senate Amendments--HB98-1039, 1086, 1105, 1131, 1207, 1365, 1293, 1110.

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On motion of Representative Anderson, the House adjourned until 9:00 a.m., March 24, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk