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

Eightieth Legislative Day Friday, March 27, 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--62.

Absent and excused--Representatives Alexander, Keller, Snyder--3.

Present after roll call--Representative Keller.

The Speaker declared a quorum present.

_______________

On motion of Representative Takis, the reading of the journal of March 26, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEE OF REFERENCE

APPROPRIATIONS

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

HB98-1401 be referred to the Committee of the Whole with favorable recommendation.

HB98-1402 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 9, strike "SIXTEEN" and substitute "PLUS SIXTEEN".

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on HB98-1149

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB 98-1149, concerning the creation of the Colorado health care task force, has met and reports that it has agreed upon the following:

That the House accede to the Senate amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 4, strike lines 15 through 18, and substitute the following:

"(II)  THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, NO MORE THAN TWO OF WHOM SHALL BE FROM THE SAME POLITICAL PARTY;".

Respectfully submitted,

House Committee: Senate Committee:

Marcy Morrison Dottie Wham

Gary L. McPherson Jeffrey Wells

Peggy Reeves

______________

PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB98-1404 and 1405.

______________

INTRODUCTION OF BILL

First Reading

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

HB98-1406 by Representative Adkins--Concerning the welfare of children.

Committee on Judiciary.

_______________

On motion of Representative Anderson, HB98-1401, 1402 shall be made Special Orders on Friday, March 27, 1998, at 9:35 a.m.

_______________

The hour of 9:35 a.m., having arrived, on motion of Representative Adkins, the House resolved itself into Committee of the Whole for consideration of Special Orders and she was called to the Chair to act as Chairman.

_______________

SPECIAL ORDERS--SECOND READING OF BILLS

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

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

HB98-1401 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.

Amendment No. 1, by Representatives Grossman and McElhany.

Amend printed bill, page 104, line 8, strike "COLORADO54, 55" and substitute "COLORADO54, 55, 55a".

Page 118, after line 9, insert the following:

"55a Department of Higher Education, Regents of the University of Colorado -- The University of Colorado is requested to present a report to the House and Senate Education Committees, Capital Development Committee, and the Joint Budget Committee by January 1, 1999, on the plan for moving, in whole or in part, the University of Colorado Health Sciences Center to the Fitzsimons campus. This report shall include the costs of such a move, the sources of funding, the proposed schedule, as well as a transitioning and redevelopment plan for the campus at 9th Avenue and Colorado Boulevard. This report shall also include a detailed description of the extent to which the University has included representatives of the City and County of Denver, the City of Aurora, and the affected neighborhood organizations in the planning process.".

Amendment No. 2, by Representatives G.Berry and Taylor.

Amend printed bill, page 278, line 1, strike "WILDLIFE151, 152, 153, 154" and substitute "WILDLIFE151, 152, 153, 154, 154a".

Page 291, after line 13, insert the following:

"154a Department of Natural Resources, Division of Wildlife -- The Department is requested to submit a report to the General Assembly regarding cash fund revenues, cash fund balances, and cash fund expenditures for each cash fund administered by the Division. Information on cash fund expenditures should include detail about the exact programs and projects funded from each cash fund. This report should be submitted to the Joint Budget Committee, the House Committee on Agriculture, Livestock, and Natural Resources, and the Senate Committee on Agriculture, Natural Resources, and Energy by October 1, 1998.".

Amendment No. 3, by Representative George.

Amend printed bill, page 278, line 7, in the ITEM & SUBTOTAL column, strike "1,832,428" and substitute "2,032,428";

line 12, in the ITEM & SUBTOTAL column, strike "7,841,219" and substitute "8,041,219" and, in the CASH FUNDS column, strike "4,591,219a" and substitute "4,791,219a".

Adjust affected totals accordingly.

Amendment No. 4, by Representative Entz.

Amend printed bill, page 278, after line 7, insert the following:

ITEM &

SUBTOTAL

"Noxious Weed Control 200,000";

line 12, in the ITEM & SUBTOTAL column, strike "7,841,219" and substitute "8,041,219" and, in the CASH FUNDS column, strike "4,591,219a" and substitute "4,791,219a".

Adjust affected totals accordingly.

Amendment No. 5, by Representatives Entz and Grossman.

Amend printed bill, page 278, line 9, in the ITEM & SUBTOTAL column, strike "1,586,348" and substitute "1,606,348";

line 11, in the ITEM & SUBTOTAL column, strike "428,606" and substitute "1,033,572";

line 12, in the ITEM & SUBTOTAL column, strike "7,841,219" and substitute "8,466,185" and, in the CASH FUNDS column, strike "4,591,219a" and substitute "5,216,185a".

Adjust affected totals accordingly.

Amendment No. 6, by Representatives Entz and Grossman.

Amend printed bill, page 278, line 9, in the ITEM & SUBTOTAL column, strike "1,586,348" and substitute "1,640,652";

line 10, in the ITEM & SUBTOTAL column, strike "(35.5 FTE)" and substitute "(36.5 FTE)";

line 11, in the ITEM & SUBTOTAL column, strike "428,606" and substitute "549,336";

line 12, in the ITEM & SUBTOTAL column, strike "7,841,219" and substitute "8,016,253" and, in the CASH FUNDS column, strike "4,591,219a" and substitute "4,766,253a".

Adjust affected totals accordingly.

Amendment No. 7, by Representative McPherson.

Amend printed bill, page 335, strike lines 5 through 7.

Adjust affected totals accordingly.

Page 335, strike line 12.

Page 362, strike lines 3 through 9.

Amendment No. 8, by Representative George.

Amend printed bill, page 342, line 2, in the ITEM & SUBTOTAL column, strike "233,588" and substitute "392,208" and, in the CASH FUNDS EXEMPT column, insert "158,620c";

line 3, in the CASH FUNDS EXEMPT column, insert "(1.9 FTE)";

after line 6, insert the following:

"c This amount shall be from reserves in the Uranium Mill Tailings Remedial Action Program Fund.".

Adjust affected totals accordingly.

Amendment No. 9, by Representative Morrison.

Amend printed bill, page 397, line 14, in the ITEM & SUBTOTAL column, strike "4,884,561" and substitute "5,015,778";

line 15, in the ITEM & SUBTOTAL column, strike "(90.3 FTE)" and substitute "(93.3 FTE)".

Page 398, line 7, in the TOTAL column, strike "6,544,078" and substitute "6,675,295" and, in the CASH FUNDS column, strike "6,294,719a" and substitute "6,425,936a";

line 9, strike "$6,194,719" and substitute "$6,325,936".

Adjust affected totals accordingly.

Amendment No. 10, by Representatives Tool, Reeser, McElhany, Sinclair, and Mace.

Amend printed bill, page 400, line 12, in the ITEM & SUBTOTAL column, strike "1,936,581" and substitute "1,981,282";

line 13, in the ITEM & SUBTOTAL column, strike "(37.0 FTE)" and substitute "(38.0 FTE)".

Page 401, line 7, in the TOTAL column, strike "2,746,021" and substitute "2,790,722" and in the CASH FUNDS column, strike "2,356,618a" and substitute "2,401,319a".

Adjust affected totals accordingly.

Amendment No. 11, by Representative Epps.

Amend printed bill, page 401, line 12, strike "REGISTRATIONS197, 198" and substitute "REGISTRATIONS198".

Page 406, strike lines 9 through 11.

Amendment No. 12, by Representative Pankey.

Amend printed bill, page 410, line 12, strike "DIVISION201, 202" and substitute "DIVISION 201, 202, 202a"

Page 424, after line 10, insert the following:

"202a Department of Revenue, Information Technology Division -- It is the intent of the General Assembly that the Department of Revenue shall perform up to 1,000 hours of programming changes for new legislation by utilizing existing appropriations once the new income tax system becomes operational.".

Amendment No. 13, by Representative Dean.

Amend printed bill, page 461, strike lines 8 through 10.

Adjust affected totals accordingly.

Amendment No. 14, by Representatives Anderson and Allen.

Amend printed bill, page 515, line 14, in the ITEM & SUBTOTAL column, strike "51,175,232" and substitute "45,206,282" and, in the CAPITAL CONSTRUCTION FUND EXEMPT column, strike "51,175,232" and substitute "45,206,282".

Adjust affected totals accordingly.

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

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

HB98-1402 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.

Amendment No. 1, Appropriations Report, dated March 27, 1998, and placed in member's bill file; Report also printed in House Journal, March 27, 1998.

Amendment No. 2, by Representative Grampsas.

Amend printed bill, page 2, strike lines 16 and 17 and substitute "PLUS THREE HUNDRED FIVE MILLION SEVEN HUNDRED SEVENTY-SEVEN THOUSAND FOUR HUNDRED DOLLARS PURSUANT TO H.B. 98-1402,".

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

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative Arrington moved to amend the Report of the Committee of the Whole to show that the following Arrington amendment (J.001), to HB98­1401 did pass, and that HB98­1401, as amended, did pass:

Amend printed bill, page 104, line 11, strike "Allocation" and substitute "Allocation55a".

Page 118, after line 9, insert the following:

"55a Department of Higher Education, Regents of the University of Colorado, Board of Regents and General Campuses, General Fund and Tuition Allocation ­­ It is the intent of the General Assembly that the University of Colorado cannot use this appropriation to establish an autonomous Women's Studies degree program.".

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

YES 16 NO 45 EXCUSED 4 ABSENT 0

Adkins N

Agler E

Alexander E

Allen N

Anderson N

Arrington Y

Bacon N

Berry, G. N

Chavez N

Clarke N

Dean Y

Dyer N

Entz N

Epps Y

Faatz Y

George N


Gordon N

Gotlieb N

Grampsas N

Grossman N

Hagedorn N

Hefley Y

Johnson Y

June N

Kaufman N

Keller N

Kreutz N

Lawrence Y

Leyba N

Mace N

May N

McElhany Y


McPherson N

Miller N

Morrison N

Musgrave Y

Nichol N

Owen N

Pankey Y

Paschall Y

Pfiffner Y

Reeser N

Romero N

Salaz N

Saliman N

Schauer N

Sinclair N

Smith Y


Snyder E

Spradley Y

Sullivant N

Swenson Y

Takis N

Tate N

Taylor N

Tool N

Tucker N

Tupa N

Udall N

Veiga E

Williams, S. N

Williams, T. N

Young Y

Zimmerman N

Mr. Speaker N

Representative McPherson moved to amend the Report of the Committee of the Whole to show that the following McPherson amendment (J.009), to HB98­1401 did pass, and that HB98­1401, as amended, did pass:

Amend printed bill, page 188, line 15, strike "DEFENDER109, 110, 111" and substitute "DEFENDER109, 110".

Page 189, line 7, in the ITEM & SUBTOTAL column, strike "1,084,834" and substitute "1,080,365" and, in the GENERAL FUND column, strike "1,072,084" and substitute "1,067,615";

line 8, in the ITEM & SUBTOTAL column, strike "19,799" and substitute "10,934" and, in the GENERAL FUND column, strike "19,799" and substitute "10,934";

line 12, in the ITEM & SUBTOTAL column, strike "1,056,175" and substitute "1,050,235" and, in the GENERAL FUND column, strike "1,056,175" and substitute "1,050,235".

Adjust affected totals accordingly.

Page 195, strike lines 14 through 16.

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

YES 40 NO 21 EXCUSED 4 ABSENT 0

Adkins Y

Agler E

Alexander E

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 N

Grossman Y

Hagedorn N

Hefley Y

Johnson Y

June N

Kaufman Y

Keller N

Kreutz Y

Lawrence Y

Leyba N

Mace N

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol N

Owen N

Pankey Y

Paschall Y

Pfiffner Y

Reeser N

Romero N

Salaz Y

Saliman N

Schauer Y

Sinclair Y

Smith Y


Snyder E

Spradley Y

Sullivant Y

Swenson Y

Takis N

Tate N

Taylor Y

Tool Y

Tucker Y

Tupa N

Udall N

Veiga E

Williams, S. N

Williams, T. Y

Young Y

Zimmerman N

Mr. Speaker Y

Representative Adkins moved to amend the Report of the Committee of the Whole to show that the following Adkins amendment (J.008), to HB98­1401 did pass, and that HB98­1401, as amended, did pass:

Amend printed bill, page 190, line 8, in the ITEM & SUBTOTAL column, strike "274,788" and substitute "186,687" and, in the GENERAL FUND column, strike "274,788" and substitute "186,687";

line 9, in the GENERAL FUND column, strike "(4.0 FTE)" and substitute "(3.0 FTE)";

line 10, in the ITEM & SUBTOTAL column, strike "7,831" and substitute "5,620" and, in the GENERAL FUND column, strike "7,831" and substitute "5,620";

line 11, in the ITEM & SUBTOTAL column, strike "510" and substitute "346" and, in the GENERAL FUND column, strike "510" and substitute "346";

line 14, in the ITEM & SUBTOTAL column, strike "25,532" and substitute "25,032" and, in the GENERAL FUND column, strike "22,532" and substitute "22,032".

Page 191, strike line 3;

line 6, in the ITEM & SUBTOTAL column, strike "6,458,275" and substitute "6,553,551" and, in the GENERAL FUND column, strike "6,458,275" and substitute "6,553,551".

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

YES 38 NO 23 EXCUSED 4 ABSENT 0

Adkins Y

Agler E

Alexander E

Allen Y

Anderson Y

Arrington Y

Bacon N

Berry, G. Y

Chavez N

Clarke N

Dean Y

Dyer N

Entz Y

Epps Y

Faatz Y

George Y


Gordon N

Gotlieb Y

Grampsas N

Grossman N

Hagedorn Y

Hefley Y

Johnson Y

June N

Kaufman Y

Keller N

Kreutz Y

Lawrence Y

Leyba N

Mace N

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol N

Owen N

Pankey Y

Paschall Y

Pfiffner Y

Reeser N

Romero N

Salaz Y

Saliman N

Schauer Y

Sinclair Y

Smith Y


Snyder E

Spradley Y

Sullivant Y

Swenson Y

Takis N

Tate N

Taylor Y

Tool Y

Tucker Y

Tupa N

Udall N

Veiga E

Williams, S. N

Williams, T. N

Young Y

Zimmerman N

Mr. Speaker Y

Representatives Miller and Taylor moved to amend the Report of the Committee of the Whole to show that the following Miller and Taylor amendment (J.021), to HB98­1401 did pass, and that HB98­1401, as amended, did pass:

Amend printed bill, page 239, line 4, in the ITEM & SUBTOTAL column, strike "600,000" and substitute "2,900,000" and, in the CASH FUNDS EXEMPT column, strike "100,000b" and substitute "2,400,000b".

Adjust affected totals accordingly.

Page 239, line 10, strike "b This amount" and substitute "b Of this amount, $2,300,000 shall be from reserves in the Department of State Cash Fund, and $100,000".

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

YES 42 NO 19 EXCUSED 4 ABSENT 0

Adkins N

Agler E

Alexander E

Allen Y

Anderson N

Arrington N

Bacon Y

Berry, G. Y

Chavez NClarke 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 Y

Lawrence N

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave N

Nichol N

Owen N

Pankey Y

Paschall Y

Pfiffner N

Reeser Y

Romero N

Salaz Y

Saliman Y

Schauer Y

Sinclair N

Smith Y


Snyder E

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker N

Tupa N

Udall Y

Veiga E

Williams, S. Y

Williams, T. N

Young N

Zimmerman Y

Mr. Speaker Y

Representative Pankey moved to amend the Report of the Committee of the Whole to show that the following Pankey amendment (J.012), to HB98­1401 did pass, and that HB98­1401, as amended, did pass:

Amend printed bill, page 303, line 14, strike "Management" and substitute "Management161a".

Page 319, after line 9, insert the following:

"161a Department of Personnel, Central Services, Motor Pool/Garage/Fleet Management ­­ The Department is requested to submit a report regarding the purchase of alternative fuel vehicles to the Joint Budget Committee by November 1, 1998. The report should include the total number of alternative fuel vehicles owned by the State and should make recommendations on ways to increase the percentage of state vehicles using alternative fuels, as well as the fiscal impact of accomplishing this goal.".

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

YES 26 NO 35 EXCUSED 4 ABSENT 0

Adkins N

Agler E

Alexander E

Allen Y

Anderson N

Arrington Y

Bacon N

Berry, G. N

Chavez N

Clarke N

Dean Y

Dyer N

Entz N

Epps N

Faatz N

George N


Gordon Y

Gotlieb Y

Grampsas N

Grossman Y

Hagedorn N

Hefley Y

Johnson Y

June N

Kaufman N

Keller Y

Kreutz Y

Lawrence N

Leyba Y

Mace N

May Y

McElhany Y


McPherson N

Miller N

Morrison Y

Musgrave Y

Nichol N

Owen N

Pankey Y

Paschall N

Pfiffner N

Reeser N

Romero N

Salaz Y

Saliman Y

Schauer N

Sinclair Y

Smith N


Snyder E

Spradley N

Sullivant Y

Swenson Y

Takis N

Tate Y

Taylor N

Tool N

Tucker N

Tupa Y

Udall Y

Veiga E

Williams, S. N

Williams, T. N

Young N

Zimmerman Y

Mr. Speaker Y

Representatives Arrington, Paschall, and Pfiffner moved to amend the Report of the Committee of the Whole to show that the following Paschall amendment (J.006), to HB98­1401 did pass, and that HB98­1401, as amended, did pass:

Amend printed bill, page 350, line 14, strike "Services50, 171, 177" and substitute "Services50, 171, 177, 177a".

Page 365, after line 7, insert the following:

"177a Department of Public Health and Environment, Family and Community Health Services Division, Family Planning, Purchase of Services ­­ In accordance with Article V, Section 50 of the Colorado Constitution, it is the intent of the General Assembly that no public funds be provided through contracts to organizations which conduct, advocate for, or provide referrals for abortions, either directly or indirectly.".

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

YES 16 NO 45 EXCUSED 4 ABSENT 0

Adkins Y

Agler E

Alexander E

Allen N

Anderson N

Arrington Y

Bacon N

Berry, G. N

Chavez N

Clarke N

Dean Y

Dyer N

Entz N

Epps Y

Faatz N

George N


Gordon N

Gotlieb N

Grampsas N

Grossman N

Hagedorn N

Hefley Y

Johnson N

June N

Kaufman N

Keller N

Kreutz N

Lawrence N

Leyba N

Mace N

May Y

McElhany Y


McPherson N

Miller N

Morrison N

Musgrave Y

Nichol N

Owen N

Pankey Y

Paschall Y

Pfiffner Y

Reeser N

Romero N

Salaz Y

Saliman N

Schauer N

Sinclair Y

Smith Y


Snyder E

Spradley N

Sullivant N

Swenson N

Takis N

Tate N

Taylor N

Tool N

Tucker N

Tupa N

Udall N

Veiga E

Williams, S. N

Williams, T. N

Young Y

Zimmerman N

Mr. Speaker Y

Representatives Arrington, Paschall, and Pfiffner moved to amend the Report of the Committee of the Whole to show that the following Paschall amendment (J.003), to HB98­1401 did pass, and that HB98­1401, as amended, did pass:

Amend printed bill, page 350, line 14, in the ITEM & SUBTOTAL column, strike "3,156,072" and substitute "2,167,596", in the GENERAL FUND column, strike "1,145,037" and substitute "750,116", and, in the FEDERAL FUNDS column, strike "1,947,581" and substitute "1,354,026".

Adjust affected totals accordingly.

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

YES 17 NO 44 EXCUSED 4 ABSENT 0

Adkins Y

Agler E

Alexander E

Allen Y

Anderson N

Arrington Y

Bacon N

Berry, G. N

Chavez N

Clarke N

Dean Y

Dyer N

Entz N

Epps Y

Faatz N

George N


Gordon N

Gotlieb N

Grampsas N

Grossman N

Hagedorn N

Hefley Y

Johnson N

June N

Kaufman N

Keller N

Kreutz N

Lawrence N

Leyba N

Mace N

May Y

McElhany Y


McPherson N

Miller N

Morrison N

Musgrave Y

Nichol N

Owen N

Pankey Y

Paschall Y

Pfiffner Y

Reeser N

Romero N

Salaz N

Saliman N

Schauer N

Sinclair Y

Smith Y


Snyder E

Spradley Y

Sullivant N

Swenson N

Takis N

Tate N

Taylor N

Tool N

Tucker N

Tupa N

Udall N

Veiga E

Williams, S. N

Williams, T. N

Young Y

Zimmerman N

Mr. Speaker Y

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB98-1401 amended, 1402 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 59 NO 2 EXCUSED 4 ABSENT 0

Adkins Y

Agler E

Alexander E

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 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 E

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga E

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

REPORTS OF COMMITTEE OF REFERENCE

APPROPRIATIONS

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

HB98-1001 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Transportation and Energy Committee Report, dated February 4, 1998, page 1, after line 5, insert the following:

"Page 16, after line 7, insert the following:

"(9) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT NO GENERAL FUND DOLLARS BE APPROPRIATED FOR THE PURPOSE OF IMPLEMENTING THE REQUIREMENTS OF THIS SECTION.".".

line 6, strike "Page" and substitute "page".

Page 3 of the committee report, line 3, strike "highway users tax fund" and substitute "distributive data processing fund";

line 5, strike "twenty-five thousand dollars" and substitute "sixty-three thousand five hundred dollars ($63,500),";

line 6, strike "($25,000),".


HB98-1010 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend proposed Business Affairs and Labor Committee Report, dated January 8, 1998, strike line 1, and substitute the following:

"Amend printed bill, page 3, after line 24, insert the following:

"SECTION 5.  12­23­102.5, Colorado Revised Statutes, is amended to read:

12­23­102.5.  Repeal of article. This article is repealed, effective July 1, 1998 JULY 1, 2003. Prior to such repeal, the state electrical board FUNCTION OF REGULATING ELECTRICIANS BY THE DIVISION OF REGISTRATIONS shall be reviewed as provided for in section 24­34­104, C.R.S.".

Renumber succeeding sections accordingly.

Page 13, strike line 5 and substitute the following:";

After line 13 of the committee report, add "Page 28, after line 14, insert the following:

"SECTION 23.  24­34­104 (32), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

24­34­104.  General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (32)  The following function of the specified agency shall terminate on July 1, 2003:

(d)  THE REGULATION OF ELECTRICIANS BY THE DIRECTOR OF THE DIVISION OF REGISTRATIONS PURSUANT TO ARTICLE 23 OF TITLE 12, C.R.S.

SECTION 22.  No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".

Renumber succeeding sections accordingly.".


HB98-1013, 1291, 1299 be postponed indefinitely.

HB98-1058 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Finance Committee Report, dated February 26, 1998, page 1, strike line 11 and substitute the following:

"Page 2 of the Business Affairs and Labor Committee Report, strike line 2 and substitute the following:

"Page 15, line 3, strike "OR";

line 4, strike "NO COST LOANS TO SMALL­ OR MEDIUM­SIZED ENTITIES" and substitute "COST LOANS";";

strike lines 6 and 7 of the Business Affairs and Labor Committee Report and substitute the".

strike lines 13 through 15 and substitute the following:

""Page 16, line 6, strike "(a)";

strike lines 13 through 25.".".

Page 2 of the Finance Committee Report, strike lines 1 through 18 and substitute the following:

"Page 17 of the printed bill, strike lines 6 through 26.

Strike pages 18 through 24 of the printed bill.";

strike line 19 of the Finance Committee Report and substitute the following:

"Page 25, strike lines 1 through 7 and substitute the following:

"SECTION 4.  24­21­104 (3) (d), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

24­21­104.  Fees of secretary of state. (3) (d) (IV)  NOTWITHSTANDING ANY PROVISION OF PARAGRAPH (b) OF THIS SUBSECTION (3) TO THE CONTRARY, ON JULY 1, 1998, AND EACH JULY 1 THEREAFTER, THE STATE TREASURER SHALL DEDUCT FIVE HUNDRED THOUSAND DOLLARS FROM THE DEPARTMENT OF STATE CASH FUND AND TRANSFER SUCH SUM TO THE ENVIRONMENTAL LEADERSHIP POLLUTION PREVENTION REVOLVING FUND, CREATED IN SECTION 25­6.7­109 (2), C.R.S.".;

after line 20, insert the following:

"SECTION 4. Appropriation - adjustments in 1998 long bill. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the environmental leadership pollution prevention revolving fund, created in section 25-6.7-109 (2), Colorado Revised Statutes, not otherwise appropriated, to the department of public health and environment, administration and support, for implementation of the environmental leadership pollution prevention revolving fund program, for the fiscal year beginning July 1, 1998, the sum of four hundred ninety-six thousand six hundred eighty dollars ($496,680), so much thereof as may be necessary for the implementation of this act.

(2) For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows:

(a) The appropriation to the department of public health and environment, administration and support, legal services, is increased by one thousand nine hundred twenty dollars ($1,920). Such sum shall be from cash funds exempt from the environmental leadership pollution prevention revolving fund.

(b) The appropriation to the department of public health and environment, information technology services, automated data processing ("ADP") capital outlay, is increased by one thousand four hundred dollars ($1,400). Such sum shall be from cash funds exempt from the environmental leadership pollution prevention revolving fund.

(c) The appropriation to the department of law is increased by one thousand nine hundred twenty dollars ($1,920) for the provision of legal services to the department of public health and environment related to the implementation of this act. Such sum shall be from cash funds exempt received from the department of public health and environment out of the appropriation made in paragraph (a) of this subsection (2).";

Renumber succeeding section accordingly.".;

line 21 of the Finance Committee Report, strike "AND"."." and substitute the following:

"AND";

line 108, strike "LEADERS." and substitute "LEADERS, AND MAKING AN APPROPRIATION THEREFOR.".".


HB98-1151 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, strike lines 13 through 22, and substitute the following:

"cash fund, which is hereby created; except that, of each fee collected pursuant to section 37­90­107 (7) (c) (I) AND (7) (d) (I), 37­90­116 (1) (a), and (1) (h), AND (1) (i), thirty dollars shall be credited to the general fund; of each fee collected pursuant to section 37­90­137 (2) and (3) (a) (I) and (3) (a) (II) and section 37­92­602 (3) (a) for wells applied for pursuant to section 37­92 602 (3) (b), twenty­five dollars shall be credited to the general fund; of each fee collected pursuant to section 37­90­116 (1) (c), ten dollars shall be credited to the general fund; and, of each fee collected pursuant to section 37­90­105 (2) (3) (a) AND (4) (a) and section 37­92­602 (3) (a) for wells applied for pursuant to section 37­92­602 (3) (c) and (5), five dollars shall be credited to the general";

line 23, strike "fund." and substitute "fund."

Page 25, after line 13, insert the following:

"SECTION 16. Adjustments to the 1998 Long Bill. (1) For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows:

(a) The appropriation to the department of natural resources, water resources division, groundwater management, is decreased by seven hundred sixty dollars ($760) cash funds."

Strike lines 14 through 22.


HB98­1169 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 5, line 2, after "1998,", insert "BUT PRIOR TO JULY 1, 2006,".

Page 6, line 13, strike "2004" and substitute "2004, BUT PRIOR TO JULY 1, 2006".

Page 8, line 26, after "1998,", insert "BUT PRIOR TO JANUARY 1, 2006,".

Page 9, line 16, strike "2004." and substitute "2004, BUT PRIOR TO JANUARY 1, 2006.".

Page 11, strike line 1 and substitute the following:

"(4)  This section is repealed, effective July 1, 1998 2006.

(5)  IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS SECTION ARE DECLARED TO BE SEVERABLE.".

Page 13, line 3, after "1998," insert "BUT PRIOR TO JULY 1, 2007,".

Page 14, line 19, strike "2004" and substitute "2004, BUT PRIOR TO JULY 1, 2006".

Page 16, line 20, strike "1998." and substitute "1998, BUT PRIOR TO JULY 1, 2006.".

Page 18, line 5, strike "THEREAFTER." and substitute "THEREAFTER; EXCEPT THAT THE CREDIT SHALL NOT OCCUR AFTER JULY 1, 2006.";

line 22, after the period, add "ANY UNENCUMBERED MONEYS REMAINING IN THE FUND ONE HUNDRED EIGHTY DAYS AFTER THE REPEAL OF THIS SECTION SHALL BE TRANSFERRED TO THE AIR ACCOUNT.

39­32­106.  Repeal.  THIS ARTICLE IS REPEALED, EFFECTIVE JULY 1, 2006.".


HB98­1213 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Transportation and Energy Committee Report, dated February 5, 1998, page 1, strike lines 1 through 16, and substitute the following:

"Amend printed bill, page 2, line 12, strike "IF THE";

strike lines 13 through 17 of the printed bill.

Page 4 of the printed bill, line 2, strike "IF THE";

strike lines 3 through 7 of the printed bill.";

strike line 18 of the committee report.

Page 2 of the committee report, strike lines 1 through 5;

line 6 of the committee report, strike "(2)" and substitute the following:

""SECTION 8.  Appropriation.".


HB98-1227 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Strike the Education Committee Report, dated February 11, 1998.

Amend printed bill, page 6, line 5, strike "TITLE." and substitute "TITLE, IF, IN THE PRECEDING ACADEMIC YEAR, SUCH CHILD EITHER:

(I)  WAS ENROLLED IN A PUBLIC SCHOOL OR CHARTER SCHOOL OF A SCHOOL DISTRICT IN THIS STATE; OR

(II)  WAS NOT ENROLLED IN ANY PRIVATE SCHOOL, HAD NOT PARTICIPATED IN A NON­PUBLIC HOME­BASED EDUCATION PROGRAM, OR HAD NOT PARTICIPATED IN HOME INSTRUCTION BY A LICENSED OR CERTIFIED TEACHER.".

Page 8, after line 16, insert the following:

"SECTION 5.  No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".

Renumber succeeding section accordingly.


HB98-1324 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Finance Committee Report, dated February 25, 1998, page 1, strike lines 4 through 15 and substitute the following:

"SECTION 13. Appropriation - adjustments in the 1998 long bill. (1) For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows:

(a) The appropriation to the department of public health and environment, administration and support, legal services, is increased by seven thousand two hundred dollars ($7,200). Such sum shall be from cash funds exempt from the solid waste management cash fund.

(b) The appropriation to the department of public health and environment, information technology services, ADP capital outlay, is increased by eleven thousand dollars ($11,000). Such sum shall be from cash funds exempt from the solid waste management cash fund.

(c) The appropriation to the department of public health and environment, hazardous materials waste management division, solid waste control program, program costs, is increased by three hundred sixty-six thousand six hundred seventy-three dollars ($366,673) and 6.2 FTE. Such sum shall be from cash funds from the solid waste management cash fund.

(d) The appropriation to the department of law is increased by seven thousand two hundred dollars ($7,200) for the provision of legal services to the department of public health and environment related to the implementation of this act. Such sum shall be from cash funds exempt received from the department of public health and environment out of the appropriation made in paragraph (a) of this subsection (1).".".

Amend the Local Government Committee Report, dated February 11, 1998, page 1, line 16, strike "FIFTEEN" and substitute "THIRTEEN";

line 20, strike "TWENTY­FIVE" and substitute "TWENTY".

Page 2, line 3, strike ""SIXTY CENTS OF EACH DOLLAR"", and substitute ""SEVENTY­FIVE"";

strike line 4 of the Local Government Committee Report;

strike lines 5 through 12, and substitute the following:

"line 16 of the printed bill, strike "25­16­104.6, THIRTY­FIVE" and substitute "25­16­104.6 AND TWENTY­FIVE";

line 18 of the printed bill, strike "MANAGEMENT, AND" and substitute "MANAGEMENT.";

strike lines 19 and 20 of the printed bill.".

strike line 15 of the Local Government Committee Report, and substitute the following:

"Page 5, strike lines 1 through 8, and substitute the following:

"SECTION 3.  25­17­106, Colorado Revised Statutes, is amended to read:

25­17­106.  Repeal of part. This part 1 is repealed, effective July 1, 1998 2008.

SECTION 4.  25­17­203, Colorado Revised Statutes, is amended to read:

25­17­203.  Repeal of part. This part 2 is repealed, effective July 1, 2000 2008.".".


HB98-1334 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Health, Environment, Welfare, and Institutions Committee report, dated February 11, 1998, page 2, strike line 13 and substitute the following:

"Page 16, strike lines 8 through 15 and substitute the following:

"SECTION 10. Appropriations. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the persistent drunk driver cash fund, created in section 42-3-130.5 (7), Colorado Revised Statutes, not otherwise appropriated, to the department of revenue for allocation to the division of motor vehicles, for the fiscal year beginning July 1, 1998, the sum of one hundred thirteen thousand five hundred ninety-two dollars ($113,592) and 0.8 FTE, or so much

thereof as may be necessary, for the implementation of this act.

(2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the distributive data processing fund, not otherwise appropriated, to the department of revenue, special purpose, for distributive data processing, for the fiscal year beginning July 1, 1998, the sum of forty-eight thousand dollars ($48,000), or so much thereof as may be necessary for the implementation of this act.".".


SB98-161 be referred to the Committee of the Whole with favorable recommendation.

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB98-1150; also SB98-49, 63.

______________

DELIVERY OF BILLS TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bills have been delivered to the Office of the Governor: HB98-1047, 1080, 1094, 1096, 1124, 1127, 1208, 1259, and 1360 at 11:00 a.m. on March 27, 1998.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB98-1007, 1020, 1029, 1089, 1090, 1102, 1157, 1186, 1236, 1250, 1317, 1361, and 1370.

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

HB98- 1012, amended as printed in Senate Journal, March 25, page 566;

HB98- 1033, amended as printed in Senate Journal, March 24, page 546;

HB98- 1050, amended as printed in Senate Journal, March 24, page 549;

HB98- 1062, amended as printed in Senate Journal, March 25, page 565;

HB98- 1117, amended as printed in Senate Journal, March 25, page 567;

HB98- 1123, amended as printed in Senate Journal, March 25, page 568;

HB98- 1176, amended as printed in Senate Journal, March 24, page 548;

HB98- 1178, amended as printed in Senate Journal, March 24, page 549;

HB98- 1188, amended as printed in Senate Journal, March 20, pages 517-518;

HB98- 1200, amended as printed in Senate Journal, March 24, pages 547-548 and 552-553;

HB98-1215, amended as printed in Senate Journal, March 24, page 546;

HB98-1221, amended as printed in Senate Journal, March 25, page 566;

HB98-1224, amended as printed in Senate Journal, March 25, page 567;

HB98-1244, amended as printed in Senate Journal, March 25, page 565;

HB98-1245, amended as printed in Senate Journal, March 24, page 550;

HB98-1296, amended as printed in Senate Journal, March 25, page 566;

HB98-1304, amended as printed in Senate Journal, March 24, pages 550-552;

HB98-1337, amended as printed in Senate Journal, March 25, page 565;

HB98-1371, amended as printed in Senate Journal, March 24, page 549;

HB98-1376, amended as printed in Senate Journal, March 25, page 565, and on Third Reading as printed in Senate Journal, March 26.

_________

The Senate voted to concur in House Amendments to SB98-003, 011, 012, 031, 037, 040, 045, 046, 055, 066, 073, 082, 102, 111, 114, 119, 136, 145, 151, and repassed the bills as amended.

The Senate has voted not to concur in House Amendments to SB98-013 and requests that a Conference Committee be appointed. The President appointed Senators Powers, Chm., Lacy, and Perlmutter as members of the First Conference Committee on the part of the Senate. The bill is transmitted herewith.

The Senate has voted not to concur in House Amendments to SB98-035 and requests that a Conference Committee be appointed. The President appointed Senators Mutzebaugh, Chm., Ament, and Johnson as members of the First Conference Committee on the part of the Senate. The bill is transmitted herewith.

The Senate has voted not to concur in House Amendments to SB98-036 and requests that a Conference Committee be appointed. The President appointed Senators Wham, Chm., Wells, and Perlmutter as members of the First Conference Committee on the part of the Senate. The bill is transmitted herewith.

The Senate has voted not to concur in House Amendments to SB98-076 and requests that a Conference Committee be appointed. The President appointed Senators Schroeder, Chm., Alexander, and Weddig as members of the First Conference Committee on the part of the Senate. The Senate granted permission to members of the First Conference Committee on SB98-076 to consider matters not at issue between the two houses. The bill is transmitted herewith.

The Senate has voted not to concur in House Amendments to SB98-133 and requests that a Conference Committee be appointed. The President appointed Senators Wham, Chm., Powers, and Weddig as members of the First Conference Committee on the part of the Senate. The bill is transmitted herewith.

The Senate has voted not to concur in House Amendments to SB98-137 and requests that a Conference Committee be appointed. The President appointed Senators Wham, Chm., Arnold, and Johnson as members of the First Conference Committee on the part of the Senate. The Senate granted permission to members of the First Conference Committee on SB98-137 to consider matters not at issue between the two houses. The bill is transmitted herewith.

The Senate has voted not to concur in House Amendments to SB98-159 and requests that a Conference Committee be appointed. The President appointed Senators Bishop, Chm., Ament, and Matsunaka as members of the First Conference Committee on the part of the Senate. The bill is transmitted herewith.

The Senate has voted not to concur in House Amendments to SB98-171 and requests that a Conference Committee be appointed. The President appointed Senators Lacy, Chm., Wattenberg, and Perlmutter as members of the First Conference Committee on the part of the Senate. The Senate granted permission to members of the First Conference Committee on SB98-171 to consider matters not at issue between the two houses. The bill is transmitted herewith.

In response to the request of the House for a Conference Committee on

HB98-1293, the President appointed Senators Congrove, Chm., Coffman, and Hernandez as members of the First Conference Committee on the part of the Senate.

The Senate granted permission to members of the First Conference Committee on HB98-1359 to consider matters not at issue between the two houses.

The Senate has adopted the First Report of the First Conference Committee on HB98-1149, as printed in Senate Journal, March 26, pages 582-583 , and repassed the bill as amended. The bill is returned herewith.

The Senate has postponed indefinitely and returns herewith: HB98-1199, 1260 and HCR98-1002.

_________

The Senate has passed on Third Reading and returns herewith HB98-1311.

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

HB98- 1154, amended as printed in Senate Journal, March 26, page 604;

HB98- 1335, amended as printed in Senate Journal, March 26, page 604.

_______________

MESSAGES FROM THE REVISOR

We herewith transmit without comment, as amended, HB98-1012, 1033, 1050, 1062, 1117, 1123, 1176, 1178, 1188, 1200, 1215, 1221, 1224, 1244, 1245, 1296, 1304, 1337, 1371, and 1376.

_________

We herewith transmit without comment, as amended, HB98-1154 and 1335.

_______________

APPOINTMENTS TO CONFERENCE COMMITTEES

Pursuant to a request from the Senate, the Speaker appointed House conferees to the First Conference Committees as follows:

SB98-13--Representative T. Williams, Chairman, Swenson, Veiga.

SB98-171--Representatives Dean, Chairman, Agler, Tupa.

______________

INTRODUCTION OF RESOLUTION

The following resolution was read by title and laid over one day under the rules:

HR98-1007 by Representative May--Concerning Major League Baseball "All-Star" Day.

WHEREAS, The first Major League Baseball All-Star Game was played in 1933, and although thought to be a one-time event, the All-Star Baseball Game has become the single greatest event in Major League Baseball; and

WHEREAS, On July 7, 1998, the Colorado Rockies and Major League Baseball will host the 1998 All-Star Baseball Game at Coors Field; and

WHEREAS, This event will be the 69th annual All-Star Baseball Game and the first time in history that the game will be played in Denver, Colorado; and

WHEREAS, People from around the world will gather in Denver to celebrate the "mid-summer classic", and via radio and television, the All-Star celebration will be shown to, and enjoyed by, people throughout the world; and

WHEREAS, The All-Star Baseball Game will bring not only positive exposure to our beautiful state, but the event will also include special events for our community including the Fanfest, the Homerun Hitting Contest, the Workout Day, and other special baseball events for children; and

WHEREAS, The rivalry between the National League and the American League will culminate in a classic baseball match between the best baseball players in the world who represent their respective leagues; and

WHEREAS, The All-Star Classic will leave a legacy reflective of the National Baseball League's commitment to improving education, diversity, and family values, as well as serving as an inspiration for young people; and

WHEREAS, The citizens of Colorado will join together to welcome our guests and fellow baseball fans, to participate in the celebration and excitement of the All-Star Game, and to enjoy the long-term benefits of hosting the greatest event of our national past-time; now, therefore,

Be It Resolved by the House of Representatives of the Sixty-first General Assembly of the State of Colorado:

That we, the members of the House of Representatives, wish to recognize the historic and exciting events that will take place this summer, and urge all citizens of Colorado to join in celebrating the All-Star Baseball Game with fans from this country and from all over the world. Therefore, we hereby declare July 7, 1998, to be known as Major League Baseball "All-Star Day".

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until March 30, retaining place on Calendar:

Consideration of General Orders--SB98-157, HB98-1091, 1396, SB98­72, 23, 52, HB98-1391, SB98-142, HB98-1393, SB98-85, HB98­1389, 1390

Consideration of Resolutions--HJR98-1009, 1011, 1018, 1021.

Consideration of Senate Amendments--HB98-1207, 1036, 1025.

_______________

On motion of Representative Anderson, the House adjourned until 10:00 a.m., March 30, 1998.

Approved:

Attest: CHARLES E. BERRY,

Speaker

JUDITH RODRIGUE,

Chief Clerk