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-SECOND GENERAL ASSEMBLY

STATE OF COLORADO

First Regular Session

One hundredth Legislative Day Thursday, April 15, 1999

Prayer by Bishop Allen Bjornberg, Rocky Mountain Synod of Evangelical Lutheran Church of America.

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

The roll was called with the following result:

Present--61.

Absent and excused--Representatives Hefley, Mitchell, Nuñez, Pfiffner--4.

Present after roll call--Representatives Hefley, Mitchell, Nuñez, Pfiffner.

The Speaker declared a quorum present.

_______________

On motion of Representative Spence, the reading of the journal of April 14, 1999, was dispensed with and approved as corrected by the Chief Clerk.

______________

PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB99-1373, 1374, 1375.

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1107, 1134, 1229, 1269.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate granted permission to members of the First Conference Committee on SB99-052 to consider matters not at issue between the two houses.

The Senate granted permission to members of the First Conference Committee on HB99-1097 to consider matters not at issue between the two houses.

______________

MESSAGE FROM THE GOVERNOR

I certify I received the following on the 14th day of April, 1999, at 4:45 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

April 14, 1999

To the Honorable

House of Representatives

Sixty-second General Assembly

First 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:

HB99-1033 Concerning Protection of Vehicles

Approved April 14, 1999 at 1: 24 p.m.

HB99-1157 Concerning the Reestablishment of an Exclusive Schedule for Permanent Partial Disability Under the Workers' Compensation Law, and, in Connection Therewith, Increasing the Amount of Benefits Received Under the Schedule and Limiting Benefits for Mental Stress.

Approved April 14, 1999 at 1:25 p.m.

Sincerely,

(signed)

Bill Owens

Governor

______________

INTRODUCTION OF BILLS

First Reading

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

HB99-1376 by Representatives Sinclair, May, Johnson, Kaufman, Kester, Lee, McKay, Miller, Nuñez, Scott, Taylor, Tochtrop, Webster; also Senator Owen--Concerning measures to require compliance with federal selective service requirements, and, in connection therewith, requiring compliance for receipt of unemployment benefits and for state employment and requiring distribution of registration forms to certain driver's license applicants.

Committee on State, Veterans, & Military Affairs

HB99-1377 by Representatives Plant, Grossman, Bacon, Gagliardi, Kaufman, Kester, Mace, Miller, Ragsdale, Scott, Sinclair, Tochtrop, Vigil, Zimmerman--Concerning the addition of veterans' organizations registered under section 501 (c) (19) of the "Internal Revenue Code of 1986", as amended, that sponsor a special event, meeting, or other function in the state of Colorado to the definition of charitable organization for purposes of the sales and use tax exemption.

Committee on Finance

HB99­1378 by Representatives Vigil, Bacon, Chavez, Clarke, Coleman, Gagliardi, Gordon, Grossman, Hagedorn, Kaufman, Leyba, Mace, Miller, Plant, Ragsdale, Tapia, Tate, Tochtrop, Tupa, Veiga, Williams S., Windels, Zimmerman; also Senators Hernandez, Feeley­­Concerning statewide assessments of students with limited English proficiency.

Committee on Education

Committee on Appropriations

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INTRODUCTION OF RESOLUTIONS

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

HJR99-1033 by Representatives Hagedorn, Grossman, Coleman, Gagliardi, Miller, Tochtrop, Veiga, S. Williams; also Senators Phillips, Matsunaka, Nichol, Perlmutter--Concerning an interim study of the role of the state with respect to urban sprawl.

Committee on Appropriations

WHEREAS, The General Assembly recognizes that urban sprawl is a type of low­density land development that is associated with population loss in central cities and older suburbs and population growth in suburban areas and other newly developed areas; and

WHEREAS, Urban sprawl often has a variety of adverse consequences that result in diminished quality of life, including loss of productive agricultural land, increased traffic congestion, and increased costs for existing central cities and older suburbs; and

WHEREAS, Since local governments have historically been primarily responsible for determining patterns of growth, the General Assembly must determine whether state policies and subsidies significantly affect such patterns of growth in a manner that encourages urban sprawl; and

WHEREAS, State policies and programs should recognize the primacy of local decision making on issues that affect land use and growth by:

(1)  Minimizing subsidies that inadvertently encourage patterns of land use and growth that contribute to urban sprawl or that are contrary to the wishes of local communities;

(2)  Providing information to local communities that will allow such communities to make informed decisions regarding land use and growth; and

(3)  Encouraging collaborative working relationships among local communities and different levels of government throughout the state with respect to issues, including but not limited to transportation issues and environmental issues, that are related to growth and urban sprawl and that often go beyond the boundaries of local communities; and

WHEREAS, To date the General Assembly has not systematically or comprehensively examined the effect of state policies on urban sprawl; now, therefore,

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

(1)  That there shall be a committee to meet in the interim after the First Regular Session of the Sixty­second General Assembly to study the role of the state with respect to urban sprawl. Such interim committee shall consist of six members of the General Assembly. Three of such members shall be from the House of Representatives, appointed by the Speaker of the House of Representatives, and three of such members shall be from the Senate, appointed by the President of the Senate. No more than two of the members from the House of Representatives and two of the members from the Senate shall be from the same political party. In studying the role of the state with respect to urban sprawl, the committee shall perform the following duties:

(a)  Discuss and determine whether and to what extent state transportation policies and programs encourage urban sprawl and associated growth­related problems;

(b)  Review state taxes and incentives, including but not limited to housing incentives and tax credits for new businesses, and identify any taxes and incentives that may encourage new construction rather than refurbishment of existing structures or that otherwise contribute to urban sprawl;

(c)  Discuss and determine whether and to what extent state environmental policies and requirements discourage development in central cities and older suburbs and encourage development of undeveloped land and prime agricultural land;

(d)  Review and discuss state policies regarding public utility pricing, including the requirement for contributions to the cost of serving rural areas, and determine whether and to what extent such policies encourage urban sprawl by subsidizing new development at the suburban fringe and in rural areas that are more expensive to serve than existing communities; and

(e)  Review and discuss existing collaborative working relationships among local communities and different levels of government throughout the state with respect to issues related to growth and urban sprawl and make recommendations as to how such working relationships can be improved.

(2)  That, in conducting such study, the interim committee shall consult with counties, municipalities, special districts, school districts, taxpayer groups, businesses, appropriate local and state agencies, environmental groups, chambers of commerce, and interested members of the public and may hold public hearings in locations outside the Denver metropolitan area as deemed necessary for purposes of the study. The study shall not require additional staff for any state agency or any additional appropriation to any such state agency.

(3)  That the interim committee may recommend and develop legislation to help local governments reduce urban sprawl or modify state policies and programs that contribute to urban sprawl.

(4)  That the Legislative Council shall report the findings and recommendations of the interim committee to the Second Regular Session of the Sixty­second General Assembly.

(5)  That all expenditures incurred in the conduct of the study enumerated in this Resolution shall be approved by the chairperson of the Legislative Council and paid by vouchers and warrants drawn as provided by law from funds allocated to the Legislative Council from appropriations made by the General Assembly.

_________

HJR99-1034 by Representative King; also Senator Andrews--Concerning an interim study of the financing of special education programs in the state of Colorado.

Committee on Appropriations

WHEREAS, The Office of the State Auditor contracted for a study of special education programs, which was published in October, 1998; and

WHEREAS, One of the subjects of the study was the funding of special education programs; and

WHEREAS, A recommendation of the study was that the Colorado Department of Education evaluate the current funding system and recommend changes for improvement; and

WHEREAS, Expenditures for special education programs represent a significant outlay of moneys for school districts, totaling $343 million statewide in fiscal year 1996­97; and

WHEREAS, The General Assembly appropriates money under the Exceptional Children's Educational Act and the Public School Finance Act of 1994 to help support programs for children with disabilities; and

WHEREAS, Any change to the method of distributing state General Fund moneys appropriated for special education programs will require a change in state law; and

WHEREAS, The impact of special education funding on school districts and the state budget suggests that state policymakers should be involved in an undertaking to evaluate and change Colorado's method of funding special education programs; now, therefore,

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

(1)  That there is hereby created an interim committee to work through the 1999 interim to study the financing of special education programs in the state of Colorado. The interim committee shall consider, but need not be limited to, the following issues:

(a)  Methods to finance special education in Colorado, including methods that will provide neither an incentive or disincentive to identify students as needing special education services, but will provide educators with the flexibility to provide appropriate and effective special education services;

(b)  The impact of federal funds on the financing of special education programs and the impact of the 1997 reauthorization of the federal Individuals with Disabilities Education Act and regulations promulgated pursuant thereto on special education expenditures in Colorado;

(c)  The appropriate data to collect from school districts, recognizing both the need of policymakers to evaluate data to make informed decisions and the administrative burden placed on school districts in the collection of data;

(d)  Options for and the feasibility of equalizing money allocated for the support of special education programs;

(e)  Whether the state board of education should be required to set minimum criteria for school districts to provide special education programs directly and, if so, the factors to be considered in establishing such criteria so that such districts achieve maximum efficiency in administering special education programs;

(f)  The excess cost burden resulting from children with disabilities being placed or attending school in a district other than the district of residence, including children placed by state agencies or courts or attending charter schools.

(2)  That the interim committee shall consist of eleven members. The Speaker of the House of Representatives and the President of the Senate shall appoint the members of the interim committee no later than thirty days after passage of this Joint Resolution, as follows:

(a)  The Speaker of the House of Representatives shall appoint six representatives to serve on the interim committee, one of whom shall be named chair of the interim committee and no more than four of whom shall be members of the same political party;

(b)  The President of the Senate shall appoint five senators to serve on the interim committee, one of whom shall be named vice­chair of the interim committee and no more than three of whom shall be members of the same political party.

(3)  That the interim committee shall work with any interested parties, including but not limited to the Department of Education, the State Auditor, school districts, and parents of children with disabilities, to fulfill its duties as set forth in this Joint Resolution.

(4)  That the interim committee shall make findings and recommendations regarding the issues reviewed in this study, including but not limited to any necessary legislation, and shall submit a written report on the interim committee's findings and recommendations to the Legislative Council no later than November 15, 1999. Legislation recommended by the interim committee shall be treated as legislation recommended by any other interim committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the Senate and the House of Representatives.

(5)  That the interim committee shall meet at least four times to fulfill its responsibilities in this study.

(6)  That the members of the interim committee shall be compensated as provided in section 2­2­307, Colorado Revised Statutes, for attendance at meetings of the interim committee.

(7)  That the Legislative Council staff, the Office of Legislative Legal Services, the Joint Budget Committee, and the State Auditors Office shall be made available to assist the interim committee in carrying out its duties. All personnel of the Department of Education shall cooperate with the interim committee and with any persons assisting the interim committee in carrying out its duties.

(8)  That all expenditures incurred while conducting this study shall be approved by the chair of the Legislative Council and paid by vouchers and warrants drawn as provided by law from moneys allocated to the Legislative Council for legislative studies from appropriations made by the General Assembly.

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The following resolutions were read by title and laid over one day under the rules:

HJR99-1035 by Representative Hoppe; also Senator Hillman--Concerning the Environmental Protection Agency's restrictions on grain fumigants.

WHEREAS, The federal Environmental Protection Agency ("EPA") is about to implement new restrictions on the use of phosphine gas and other restrictions that effectively preclude the use of aluminum or magnesium phosphide gas in most Colorado grain storage facilities; and

WHEREAS, Colorado's agricultural heritage and economy is dependent upon the harvest, storage, and transportation of grain; and

WHEREAS, There are 131 grain elevators in Colorado, many of which are family owned operations; and

WHEREAS, There are 25,500 farms in Colorado, 82% of which are individually or family­owned farm operations; and

WHEREAS, Colorado grain elevators are valued neighbors to and located in close proximity to homes, schools, farms, and businesses in most of Colorado's communities; and

WHEREAS, Colorado grain elevators, feed mills, processors, and growers are committed to protecting the health and safety of persons who apply pesticides and other workers, as well as the public; and

WHEREAS, Grain elevators are located in Colorado communities near railroads and highways to facilitate the transportation of grain; and

WHEREAS, Colorado grain elevators, feed mills, processors, and growers are committed to producing an adequately safe and high quality food supply for domestic and world consumers; and

WHEREAS, International treaties and established foreign trade relations may require pest­controlled grain before grain can be exported; and

WHEREAS, Insects and other pests in grain without fumigation treatment could create health risks and reduce the quality of the grain marketed from Colorado; and

WHEREAS, Aluminum and magnesium phosphide gas are cost­effective fumigants used both by commercial grain elevators and farmers in the storage of grain in Colorado; and

WHEREAS, The EPA acknowledges that few, if any, viable alternatives to the use of aluminum and magnesium phosphide gas exist for fumigation to control pests in stored grain; and

WHEREAS, The federal "Food Quality Protection Act of 1996" was enacted to change the information the EPA evaluates in the risk assessment process for establishing tolerances for pesticide residues in food and feed; and

WHEREAS, The implementation of the "Food Quality Protection Act of 1996" by the EPA without reliable information that uses sound scientific data may have a profound negative effect on domestic agriculture production; and

WHEREAS, The possibility of the elimination of these products will result in fewer pest control options for Colorado and a significant disruption of integrated pest management programs which could be potentially devastating to Colorado's economy and jeopardize our agricultural producers; and

WHEREAS, The current label restrictions for aluminum and magnesium phosphide gas provide for the safe and effective use of the product; and

WHEREAS, Colorado practices rigorous enforcement of the label restrictions on fumigants, ensures adequate training of certified applicators and conducts a fumigation and grain storage project to inspect the use of fumigants; and

WHEREAS, Restrictions in the use of fumigants in grain storage and transportation should be based only on sound scientific reasoning, available technology, and an accurate analysis of risk levels and should avoid raising undue public alarm over unsubstantiated or inconsequential risks; now, therefore,

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

(1)  That the members of the Sixty­second General Assembly urge the United State Congress to direct the EPA to:

(a)  Curtail implementation of new restrictions from its Reregistration Eligibility Decision on phosphine gas that would require a buffer zone of 500 feet and other restrictions that effectively preclude the use of aluminum or magnesium phosphide in most Colorado grain storage facilities and grain transportation; and

(b)  Ensure that risk mitigation allowances for aluminum or magnesium phosphides are clearly demonstrated as necessary to protect human health, are based on sound science and reliable information, are economically and operationally reasonable, and will permit the continued use of such product in accordance with the label; and

(c)  Initiate administrative rule­making that ensures the "Food Quality Protection Act of 1996" is implemented utilizing sound scientific data and protects production, availability, and affordability of food.

(2)  That copies of this resolution be distributed to the President of the United States, the Clerk of the United States House of Representatives, the Secretary of the United States Senate, the Administrator of the EPA, and each member of the Colorado Congressional Delegation.

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HJR99-1036 by Representatives Mace, Chavez, Coleman, Gagliardi, Leyba, Nuñez, Tapia, Vigil, Allen, Clarke, Gotlieb, Larson, Lawrence, Miller, Mitchell, Morrison, Paschall, Ragsdale, Scott, Takis, Tate, Tochtrop, Tupa, Veiga, S. Williams, T. Williams, Zimmerman; also Senator Hernandez--Concerning the celebration of Cinco de Mayo.

WHEREAS, Cinco de Mayo celebrates the triumph of a small Mexican army over the French army that outnumbered them by more than two­to­one at the "Battalla de Puebla" on May 5, 1862, in the Mexican town of Puebla; and

WHEREAS, The Mexican victory at Puebla became a symbol of Mexican unity and patriotism and inspired the Mexican people to fight with renewed determination; and

WHEREAS, The battle commemorated by Cinco de Mayo is important to Mexico and Latin America for many reasons, especially because it filled the Mexican people with great pride and enthusiasm for their country, it demonstrated that some of the best troops in Europe could be defeated by a small but determined group, and it symbolized the people's right to self­determination and national sovereignty; and

WHEREAS, The United States sent forces to Mexico to help drive out the French, and Mexico became one of the staunchest and most loyal allies of the United States, joining the United States in fighting many wars including World War II and the Persian Gulf War; and

WHEREAS, Mexicans never forget who their friends are, and neither do Americans, which is why Cinco De Mayo is such a party that celebrates freedom and liberty, two ideals that Mexicans and Americans have fought shoulder to shoulder to protect ever since the 5^th of May, 1862; and

WHEREAS, Cinco de Mayo is a national holiday in Mexico and is celebrated with speeches and parades and is celebrated not only by Mexico but by many cities in the United States, where it has become an opportunity to celebrate Hispanic culture; and

WHEREAS, Cinco de Mayo is celebrated in Colorado towns, especially in Denver, where festivities include Hispanic musical groups, Mexican food, children's dance troops performing traditional Spanish dances, and Hispanic artisans displaying their wares; and

WHEREAS, Cinco de Mayo has become a celebration for both Hispanics and non­Hispanics alike that educates people about Mexican history and celebrates Hispanic culture; now, therefore,

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

That we, the members of the Colorado General Assembly commemorate the battle of Puebla and congratulate the Mexican people on their historic victory and patriotism.

Be It Further Resolved, That we wish to encourage the celebration of Mexican and Hispanic culture and history in Colorado.

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CONSIDERATION OF RESOLUTION

HJR99-1027 by Representatives Morrison, Alexander, Berry, Chavez, Dean, Gordon, Gotlieb, Hagedorn, Kaufman, Keller, Lawrence, Lee, Leyba, McKay, Plant, Swenson, Tupa, T. Williams, Windels, Witwer, Zimmerman; also Senator Perlmutter--Concerning the declaration of Holocaust awareness week.

(Printed and placed in member's files; also printed in House Journal April 9, pages 1143-1144.)

On motion of Representative Morrison, the resolution was read at length and adopted by viva voce vote.

Co-sponsors added: Roll call of the House.

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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.

HB99-1333 by Representatives Alexander, Dean, Berry, Chavez, Clarke, Gagliardi, George, Gordon, Larson, Leyba, Mace, Miller, Saliman, Smith, Tapia, Taylor, Veiga; also Senators Epps, Dyer--Concerning the development of a western slope state military veterans' cemetery, and making an appropriation therefor.

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

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa N Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Co-sponsors added: Representatives Coleman, Hagedorn, Hefley, Keller, Lee, May, McElhany, McKay, Paschall, Pfiffner, Scott, Stengel, Webster, S.Williams, Witwer.

HB99-1349 by Representatives George, King, Witwer; also Senator Teck--Concerning the repeal of the requirement that an architect's license number be included in advertising.

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

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Co-sponsors added: Representatives May, Pfiffner, Scott, Taylor.

HB99-1354 by Representatives Sinclair, Dean, George, Alexander, Allen, Bacon, Chavez, Clapp, Coleman, Decker, Fairbank, Gotlieb, Hagedorn, Hefley, Hoppe, Johnson, Kaufman, Kester, King, Larson, Lee, Mace, May, McElhany, McKay, Miller, Mitchell, Morrison, Nuñez, Paschall, Saliman, Scott, Smith, Spence, Spradley, Stengel, Swenson, Takis, Taylor, Tupa, Veiga, Vigil, Webster, Williams T., Witwer, Zimmerman; also Senator Owen--Concerning authorization for a contribution toward the construction of the national world war II memorial, and making an appropriation therefor.

The question being "Shall the bill pass?".

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

YES 63 NO 2 EXCUSED 0 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi YGordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence N Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson N		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Co-sponsors added: Representatives Berry, Clarke, Gagliardi, Keller, Ragsdale, Tochtrop, Tool, S.Williams.

HB99-1270 by Representatives Spradley, Kester, Hefley, Hoppe, May, McElhany, Tapia, Webster; also Senators Musgrave, Phillips, Wattenberg--Concerning sellers of manufactured homes, and, in connection therewith, imposing registra-tion, escrow and bonding, and contract requirements upon such sellers, and making an appropriation therefor.

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

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson N		Miller Y Mitchell N Morrison Y Nuñez Y Paschall N Pfiffner N Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith N Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop N Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Co-sponsor added: Representative Coleman.

HB99­1237 by Representatives Pfiffner, Young, May, Hefley, Spradley, McElhany, Alexander, Allen, Clapp, Dean, Decker, Fairbank, Johnson, Kester, Larson, Lawrence, Lee, McKay, Mitchell, Nuñez, Paschall, Sinclair, Smith, Spence, Stengel, Sullivant, Swenson, Webster, T.Williams Witwer; also Senators Andrews, Tebedo, Arnold, Blickensderfer, Congrove, Dyer, Evans, Feeley, Hillman, Lamborn, Musgrave, Owen, Perlmutter, Phillips, Powers, Teck­­Concerning the expansion of the existing modification to Colorado taxable income for capital gains to include capital gains earned on property acquired prior to May 9, 1994.

The question being "Shall the bill pass?".

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

YES 43 NO 22 EXCUSED 0 ABSENT 0

Alexander Y Allen Y Bacon N Berry Y Chavez N Clapp Y Clarke N Coleman N Dean Y Decker Y Fairbank Y Gagliardi N Gordon N Gotlieb Y Grossman N Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller N Kester Y King Y Larson Y Lawrence Y Lee Y Leyba N Mace N May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman N Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis N Tapia Y Tate N Taylor Y Tochtrop N Tool Y Tupa N Veiga N Vigil N Webster Y Williams, S. N Williams, T. Y Windels N Witwer Y Young Y Zimmerman N
						Mr. Speaker Y

Co-sponsors added: Representatives Gotlieb, Miller, Scott, Taylor.

HB99-1115 by Representative Kaufman; also Senator Wham--Concerning domestic violence.

As shown by the following roll call vote, a majority of all members elected to the House voted in the affirmative, and Representative Kaufman was given permission to offer a Third Reading amendment:

YES 65 NO 0 EXCUSED 0 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Third Reading amendment No. , by Representative Kaufman.

Amend engrossed bill, page 3, line 18, strike "3," and substitute "2, 4,";

line 19, strike "5," and strike "2 and 4" and substitute "3 and 5";

line 20, strike "2" and substitute "3".

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

YES 65 NO 0 EXCUSED 0 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

The question being, "Shall the bill, as amended, pass?".

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

YES 65 NO 0 EXCUSED 0 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Allen, Clarke, Coleman, Fairbank, Hagedorn, Larson, Leyba, Mace, Ragsdale, Tupa, Veiga, S.Williams, Mr. Speaker.

HB99-1235 by Representatives Veiga, Grossman; also Senator Wham--Concerning genetic testing of persons convicted of offenses.

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

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Co-sponsors added: Representatives Allen, Bacon, Chavez, Clarke, Coleman, Gagliardi, Gordon, Gotlieb, Hagedorn, Hoppe, Kaufman, Larson, Lawrence, Leyba, Mitchell, Morrison, Plant, Scott, Spence, Swenson, Tochtrop, Tool, Vigil, S.Williams, T.Williams, Witwer, Zimmerman.

HB99-1338 by Representative Tool; also Senator Dennis--Concerning the enhancement of the credit strength of auxiliary facility enterprise financing by state institutions of higher 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 65 NO 0 EXCUSED 0 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker YFairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Co-sponsors added: Representatives Bacon, Scott, Tupa, Mr. Speaker.

HB99-1350 by Representatives McPherson, Mitchell, Morrison, Stengel, Williams T.; also Senator Blickensderfer --Concerning representation of criminal defendants by state-funded 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 56 NO 9 EXCUSED 0 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez N Clapp Y Clarke N Coleman Y Dean Y Decker Y Fairbank Y Gagliardi N Gordon N Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba N Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa N Veiga N Vigil N Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman N
						Mr. Speaker Y

Co-sponsors added: Representatives Spradley, Mr. Speaker.

HB99-1355 by Representatives Taylor, Alexander, George, Gotlieb, Hoppe, Smith, Young; also Senators Dennis, Blickensderfer, Chlouber, Hillman, Nichol, Wattenberg--Concerning the creation of an exception to the off-highway vehicle registration requirement for nonresident off-highway vehicles, and, in connection therewith, implementing the nonresident off-highway vehicle permit requirement.

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

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Co-sponsors added: Representatives Kester, Larson, May, McKay, Scott, Stengel.

HB99-1068 by Representative Kester; also Senator Dennis--Concerning offenders sentenced directly to a community corrections program who fail to complete their sentence.

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 57 NO 8 EXCUSED 0 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence N Lee Y Leyba N Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez N Paschall Y Pfiffner Y Plant Y Ragsdale N Saliman N Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool N Tupa Y Veiga Y Vigil N Webster Y Williams, S. Y Williams, T. Y Windels N Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Co-sponsors added: Representatives Coleman, Lee, McElhany, Miller, Paschall, Pfiffner, Spence, Spradley, Stengel, Taylor, Witwer, Mr. Speaker.

HB99-1118 by Representative Johnson; also Senator Teck--Concerning implementation of a public health program to address hepatitis C, and making an appropriation therefor.

The question being "Shall the bill pass?".

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

YES 56 NO 9 EXCUSED 0 ABSENT 0

Alexander Y Allen N Bacon Y Berry Y Chavez Y Clapp N Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May N McElhany N McKay N McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez N Paschall N Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence N Spradley Y Stengel N Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Clarke, Coleman, Gordon, Gotlieb, Hoppe, Kaufman, Kester, Larson, Leyba, Mace, Plant, Saliman, Scott, Smith, Taylor, Tochtrop, Tool, Tupa, Veiga, Witwer, Zimmerman.

HB99-1146 by Representative Keller; also Senator Wham--Concerning implementation of the federal "Adoption and Safe Families Act of 1997", and making an appropriation in connection therewith.

The question being "Shall the bill pass?".

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

YES 65 NO 0 EXCUSED 0 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank YGagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Chavez, Clarke, Coleman, Gagliardi, Gordon, Kaufman, Mace, Spradley, Tapia, Tupa, S.Williams, Zimmerman.

HB99-1208 by Representative Gordon; also Senator Reeves--Concerning measures to support the multistate tobacco settlement, 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 49 NO 16 EXCUSED 0 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp N Clarke Y Coleman Y Dean N Decker Y Fairbank N Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley N Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee N Leyba Y Mace Y May N McElhany N McKay N McPherson Y		Miller Y Mitchell N Morrison Y Nuñez N Paschall N Pfiffner N Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence N Spradley N Stengel N Swenson N		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Co-sponsors added: Representatives Bacon, Chavez, Clarke, Coleman, Decker, Gagliardi, Hagedorn, Mace, Morrison, Ragsdale, Saliman, Tupa, Vigil, S.Williams, Windels, Zimmerman.

HB99-1211 by Representatives Kaufman, Tool, Johnson, Bacon, Plant, Saliman, Swenson, Tupa, Zimmerman; also Senator Phillips--Concerning additional county court judges, and, in connection therewith, creating one new county court judge in each of the counties of Boulder and Larimer, 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 65 NO 0 EXCUSED 0 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Co-sponsors added: Representatives Kester, McKay, Spence, Tate, Vigil, T.Williams, Mr. Speaker.

HB99-1222 by Representative Young; also Senator Musgrave--Concerning augmentation requirements for water well pumping in the Denver basin aquifers.

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

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Hoppe, Johnson, Lee, McKay, Miller, Morrison, Nuñez, Paschall, Smith, Taylor, Mr. Speaker.

HB99-1323 by Representatives Paschall, Tool, Berry, Dean, Pfiffner, Fairbank, Gotlieb, Hefley, King, Lawrence, Lee, May, McKay, Mitchell, Morrison, Nuñez, Sinclair, Spence, Stengel, Swenson, Taylor, Webster, Williams T.; also Senators Lacy, Powers, Blickensderfer, Andrews, Dennis, Hillman, Musgrave, Teck--Concerning state excess revenues that are required to be refunded pursuant to section 20 (7) (d) of article X of the state constitution but that are not refunded as required, 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 65 NO 0 EXCUSED 0 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

Co-sponsors added: Representatives Bacon, Gordon, Leyba, McElhany, Miller, Scott, Spradley, Vigil, Windels, Young.

HB99-1335 by Representatives Swenson, Hagedorn; also Senators Lacy, Powers--Concerning financial incentives for the development of biotechnological activity in Colorado, and, in connection therewith, refunding state revenues in excess of the constitutional limitation on state fiscal year spending by means of a refund of state sales and use tax paid in connection with tangible personal property to be used in Colorado for biotechnological purposes.

The question being "Shall the bill pass?".

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

YES 50 NO 15 EXCUSED 0 ABSENT 0

Alexander Y Allen YBacon Y Berry Y Chavez N Clapp Y Clarke N Coleman N Dean Y Decker Y Fairbank Y Gagliardi N Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller N Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman N Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis N Tapia Y Tate N Taylor Y Tochtrop N Tool Y Tupa N Veiga N Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels N Witwer Y Young Y Zimmerman N
						Mr. Speaker Y

Co-sponsors added: Representatives Allen, Bacon, Dean, Larson, Lee, McElhany, McKay, Nuñez, Paschall, Spence, Spradley, Stengel, Vigil, Witwer, Mr. Speaker.

HB99-1344 by Representatives King, Fairbank, Johnson, Kester, Larson, Lee, May, Mitchell, Sinclair, Spradley, Swenson, Tapia, Vigil, Webster, Williams T.; also Senator Teck--Concerning the calculation of amounts transferred from a life insurer to a beneficiary or policyholder.

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

Alexander Y Allen Y Bacon N Berry N Chavez N Clapp N Clarke N Coleman N Dean Y Decker Y Fairbank Y Gagliardi N Gordon N Gotlieb N Grossman N Hagedorn N		Hefley Y Hoppe Y Johnson Y Kaufman N Keller N Kester N King Y Larson Y Lawrence N Lee Y Leyba N Mace N May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison N Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman N Scott Y Sinclair Y Smith N Spence Y Spradley Y Stengel Y Swenson Y		Takis N Tapia N Tate N Taylor Y Tochtrop N Tool N Tupa N Veiga N Vigil Y Webster Y Williams, S. N Williams, T. Y Windels N Witwer Y Young Y Zimmerman N
						Mr. Speaker Y

Co-sponsor added: Representative McKay.

Representative Tapia requested his name be removed as sponsor.

HB99-1336 by Representatives Scott, Mitchell, Smith, Spradley, Johnson, Kester; also Senator Evans--Concerning the authorized maturity date for certain securities that collateralize repurchase agreements for legal investments of public funds.

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

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

________________

IMMEDIATE RECONSIDERATION OF HB99-1344

Having voted on the prevailing side, Representative Dean moved for immediate reconsideration of HB99-1344. As shown by the following recorded vote less than a two-thirds majority of those elected to the House voted in the affirmative and the motion was declared lost:

YES 28 NO 37 EXCUSED 0 ABSENT 0

Alexander N Allen N Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean N Decker N Fairbank N Gagliardi Y Gordon YGotlieb Y Grossman Y Hagedorn Y		Hefley N Hoppe Y Johnson N Kaufman Y Keller Y Kester N King N Larson N Lawrence Y Lee N Leyba Y Mace Y May N McElhany N McKay N McPherson N		Miller N Mitchell N Morrison Y Nuñez N Paschall N Pfiffner N Plant N Ragsdale N Saliman N Scott N Sinclair N Smith N Spence N Spradley N Stengel N Swenson N		Takis Y Tapia Y Tate Y Taylor N Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster N Williams, S. N Williams, T. N Windels Y Witwer N Young N Zimmerman Y
						Mr. Speaker N

________________

On motion of Representative Witwer, 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.)

HB99-1095 by Representative Tupa; also Senator Arnold--Concerning the prohibition of drugs associated with drug-induced rape.

Amendment No. 1, Judiciary Report, dated February 2, 1999, and placed in member's bill file; Report also printed in House Journal, February 4, pages 327-329.

Amendment No. 2, Appropriations Report, dated March 26, 1999, and placed in member's bill file; Report also printed in House Journal, March 26, pages 988-989.

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

HB99-1168 by Representative Kaufman; also Senator Wham--Concerning substantive changes for the strengthening of the criminal laws.

Amendment No. 1, Judiciary Report, dated February 2, 1999, and placed in member's bill file; Report also printed in House Journal, February 4, pages 329-330.

Amendment No. 2, by Representative Kaufman.

Amend printed bill, page 5, strike lines 21 through 24 and substitute the following:

"(I)  CONDUCT "IN CONNECTION WITH" A CREDIBLE THREAT MEANS ACTS WHICH FURTHER, ADVANCE, PROMOTE, OR SHARE A CONTINUITY OF PURPOSE, AND MAY OCCUR BEFORE, DURING, OR AFTER THE CREDIBLE THREAT;".

Amendment No. 3, by Representative Hagedorn.

Amend printed bill, page 19, after line 3, insert the following:

"SECTION 26.  Article 13 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18­13­123.  Furnishing laser pointers to minors ­ purchase by minors prohibited. (1)  ANY PERSON WHO KNOWINGLY FURNISHES TO ANY PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE, BY GIFT, SALE, OR ANY OTHER MEANS, ANY ELECTRONIC DEVICE THAT GENERATES A LASER BEAM, COMMITS A CLASS 2 PETTY OFFENSE, AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF TWO HUNDRED DOLLARS. IT SHALL BE AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER THIS SUBSECTION (1) THAT THE PERSON FURNISHING THE LASER DEVICE WAS PRESENTED WITH AND REASONABLY RELIED UPON A DOCUMENT WHICH IDENTIFIED THE PERSON RECEIVING THE LASER DEVICE AS BEING EIGHTEEN YEARS OF AGE OR OLDER.

(2)  ANY PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE AND WHO PURCHASES OR ATTEMPTS TO PURCHASE ANY ELECTRONIC DEVICE THAT GENERATES A LASER BEAM COMMITS A CLASS 2 PETTY OFFENSE, AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF ONE HUNDRED DOLLARS, OR THE COURT SHALL ALLOW SUCH PERSON TO PERFORM COMMUNITY SERVICE AND BE GRANTED CREDIT AGAINST THE FINE AND COURT COSTS AT THE RATE OF FIVE DOLLARS FOR EACH HOUR OF WORK PERFORMED.".

Renumber succeeding sections accordingly.

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

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

HB99-1074 by Representative Tate; also Senator Rupert--Concerning expansion of the crime of ethnic intimidation, and, in connection therewith, changing the name of the crime to a hate crime.

Amendment No. 1, Judiciary Report, dated January 14, 1999, and placed in member's bill file; Report also printed in House Journal, January 18, pages 142-143.

Amendment No. 2, Appropriations Report, dated April 7, 1999, and placed in member's bill file; Report also printed in House Journal, April 8, pages 1086-1087.

As amended, declared lost on Second Reading.

A motion by Representative Dean that the Committee rise, report progress and beg leave to sit again at 3:00 p.m., was adopted by unanimous consent.

________________

House reconvened.

The Committee of the Whole reported it had risen, reported progress and would sit again at 3:00 p.m.

_______________

House in recess. House reconvened.

________________

On motion of Representative Witwer, the House resolved itself into Committee of the Whole for continuation of consideration of General Orders, and he returned to the Chair to act as Chairman.

________________

GENERAL ORDERS--SECOND READING OF BILLS

(Continued)

HB99-1260 by Representative Tool; also Senator Anderson--Concerning strengthening of the criminal laws concerning sex offenders.

Amendment No. 1, Judiciary Report, dated February 16, 1999, and placed in member's bill file; Report also printed in House Journal, February 17, pages 490-492.

Amendment No. 2, Appropriations Report, dated April 7, 1999, and placed in member's bill file; Report also printed in House Journal, April 8, pages 1093-1094.

Amendment No. 3, by Representative Tool.

Amend the Judiciary Committee Report, dated February 16, 1999, page 4, after line 30, insert the following:

"SECTION 19.  18­3­412.5 (2) (c), Colorado Revised Statutes, is amended to read:

18­3­412.5.  Sex offenders ­ duty to register ­ penalties. (2) (c)  The persons specified in paragraphs (a) and (b) of this subsection (2), after obtaining a signed notice from an offender, shall notify local law enforcement agencies of the jurisdiction in which the offender plans to reside of the offender's address within forty­eight hours after an offender has been placed on parole or probation or otherwise released into the community when such an address is provided in the signed notice. Department of corrections personnel shall provide such notice no later than two days before the offender is to be released from the department of corrections. IN PROVIDING NOTICE, THE PERSONS SPECIFIED IN PARAGRAPHS (a) AND (b) OF THIS SUBSECTION (2) MAY ALSO PROVIDE ADDITIONAL INFORMATION CONCERNING THE OFFENDER, INCLUDING BUT NOT LIMITED TO ANY INFORMATION OBTAINED IN CONDUCTING THE ASSESSMENT TO DETERMINE WHETHER THE OFFENDER MAY BE SUBJECT TO COMMUNITY NOTIFICATION PURSUANT TO SECTION 16­13­903, C.R.S.".

Renumber succeeding sections accordingly.

Amendment No. 4, by Representative Tool.

Amend printed bill, page 13, line 12, strike "section 18­3­414.5 (1) (a), C.R.S.," and substitute "section 18­3­414.5 (1) (a), C.R.S. SECTION 18­3­414.5 (1) (a) (II), C.R.S.,";

line 13, strike "(II)," and substitute "(III),".

Amendment No. 5, by Representative Tool.

Amend printed bill, page 13, after line 25, insert the following:

"SECTION 13. 18­3­412.5 (2) (a), Colorado Revised Statutes, is amended to read:

18­3­412.5.  Sex offenders ­ duty to register ­ penalties. (2) (a) (I)  Probation and parole officers, appropriate county jail personnel, and appropriate personnel with the department of corrections and the department of human services shall require any offender described in subsection (1) of this section who is under their jurisdiction to sign a notice that informs the offender of the duty to register with local law enforcement agencies in accordance with this section.

(II)  Department of corrections personnel and department of human services personnel shall require any offender described in subsection (1) of this section to specify, at least five days prior to release into the community, the address at which the offender plans to reside upon release. PRIOR TO RELEASE OF SAID OFFENDER, DEPARTMENT OF CORRECTIONS PERSONNEL OR DEPARTMENT OF HUMAN SERVICES PERSONNEL, WHICHEVER IS APPROPRIATE, IN COOPERATION WITH LOCAL LAW ENFORCEMENT OFFICERS, SHALL VERIFY THAT THE ADDRESS IS A RESIDENCE, THAT THE OCCUPANTS OR OWNERS KNOW OF THE OFFENDER'S HISTORY OF UNLAWFUL SEXUAL BEHAVIOR, AND THAT THE OCCUPANTS OR OWNERS HAVE AGREED TO ALLOW THE OFFENDER TO RESIDE AT THE ADDRESS. IF THE OFFENDER IS BEING RELEASED ON PAROLE, DEPARTMENT PERSONNEL SHALL ALSO VERIFY THAT THE ADDRESS COMPLIES WITH ANY CONDITIONS IMPOSED BY THE PAROLE BOARD.

(III)  IF, ON VERIFYING THE ADDRESS PROVIDED BY AN OFFENDER, DEPARTMENT PERSONNEL DETERMINE THAT THE ADDRESS IS NOT A RESIDENCE, THAT THE OWNERS OR OCCUPANTS ARE NOT AWARE OF THE OFFENDER'S HISTORY OF UNLAWFUL SEXUAL BEHAVIOR, THAT THE OWNERS OR OCCUPANTS HAVE NOT AGREED TO ALLOW THE OFFENDER TO RESIDE AT THE ADDRESS, OR THAT THE ADDRESS VIOLATES THE OFFENDER'S CONDITIONS OF PAROLE, THE OFFENDER SHALL BE DEEMED TO HAVE PROVIDED FALSE INFORMATION TO DEPARTMENT PERSONNEL CONCERNING THE ADDRESS AT WHICH THE OFFENDER PLANS TO RESIDE UPON RELEASE.".

Renumber succeeding sections accordingly.

Page 14, line 10, strike "SERVICES;" and substitute "SERVICES. PROVIDING FALSE INFORMATION SHALL INCLUDE, BUT IS NOT LIMITED TO, PROVIDING FALSE INFORMATION AS DESCRIBED IN PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION.".

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

HB99-1352 by Representatives Hoppe, Bacon, Coleman, George, Gordon, Gotlieb, Johnson, Kaufman, Keller, Kester, Larson, Leyba, Mace, Miller, Plant, Saliman, Smith, Spradley, Takis, Tapia, Tate, Taylor, Tochtrop, Tool, Veiga, Vigil, Webster, Windels, Zimmerman; also Senators Musgrave, Chlouber, Dennis, Dyer, Feeley, Hillman, Martinez, Matsunaka, Perlmutter, Phillips, Rupert, Tebedo, Thiebaut, Wattenberg, Weddig--Concerning a prohibition on entities that administer prescription drug benefits in connection with a managed care plan from imposing different conditions upon covered persons for prescription drugs obtained through mail order pharmacy providers.

Rereferred to the Committee on Business Affairs & Labor.

HB99-1367 by Representative Young--Concerning the size factor used in calculating total program funding for certain small school districts that adopt plans of reorganization that result in deconsolidation of the school districts.

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

On motion of Representative Dean the following bills on the General Orders Calendar were laid over until the date indicated, retaining place on Calendar:

HCR99-1001--May 5, 1999

HB99-1129, SB99-161, 039, 022, 216, HB99-1018, 1339, SB99-033, HB99-1360--April 19, 1999

HB99-1194, SB99-004, HB99-1102, 1116, 1223, 1328, 1340--April 16, 1999

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative Johnson moved to amend the Report of the Committee of the Whole to show that Amendment No. 3, by Representative Hagedorn (L.008 printed in House Journal page 1244, lines 6-34) to HB99­1168, did not pass, and that HB99­1168, as amended, did pass.

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

YES 39 NO 25 EXCUSED 1 ABSENT 0

Alexander Y Allen Y Bacon N Berry Y Chavez N Clapp Y Clarke N Coleman N Dean N Decker Y Fairbank YGagliardi N Gordon N Gotlieb E Grossman N Hagedorn N		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller N Kester Y King Y Larson Y Lawrence Y Lee Y Leyba N Mace N May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner N Plant N Ragsdale N Saliman N Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson N		Takis N Tapia N Tate N Taylor Y Tochtrop Y Tool Y Tupa Y Veiga N Vigil N Webster Y Williams, S. N Williams, T. Y Windels N Witwer Y Young Y Zimmerman N
						Mr. Speaker Y

Representatives Tate and Leyba moved to amend the Report of the Committee of the Whole to show that HB99­1074, as amended, did pass.

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

YES 32 NO 32 EXCUSED 1 ABSENT 0

Alexander N Allen N Bacon Y Berry Y Chavez Y Clapp N Clarke Y Coleman Y Dean N Decker N Fairbank N Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley N Hoppe N Johnson N Kaufman Y Keller Y Kester N King N Larson N Lawrence N Lee N Leyba Y Mace Y May N McElhany N McKay N McPherson Y		Miller Y Mitchell N Morrison Y Nuñez N Paschall N Pfiffner N Plant Y Ragsdale Y Saliman Y Scott N Sinclair N Smith N Spence N Spradley N Stengel N Swenson N		Takis Y Tapia Y Tate Y Taylor N Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer N Young N Zimmerman Y
						Mr. Speaker Y

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1095 amended, 1168 amended, 1260 amended, 1367.

Lost on Second Reading: HB99-1074 amended.

Laid over until date indicated retaining place on Calendar:

HB99-1194, SB99-004, HB99-1102, 1116, 1223, 1328, 1340--April 16, 1999

HB99-1129, SB99-161, 039, 022, 216, HB99-1018, 1339, SB99-033, HB99-1360--April 19, 1999

HCR99-1001--May 5, 1999

Rereferred to Committee indicated: HB99-1352--Committee on Business Affairs & Labor.

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 54 NO 10 EXCUSED 1 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez N Clapp Y Clarke N Coleman Y Dean Y Decker Y Fairbank Y Gagliardi N Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace N May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale N Saliman N Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate N Taylor Y Tochtrop N Tool Y Tupa N Veiga Y Vigil N Webster Y Williams, S. Y Williams, T. E Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

______________

CONSIDERATION OF CONFERENCE COMMITTEE REPORT

SB99-006 by Senator Wham; also Representative Tool--Concerning payments for continuing care.

(Conference Committee Report printed in House Journal, April 14, page 1216.)

The Conference Committee Report was adopted by the following roll call vote:

YES 62 NO 0 EXCUSED 3 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb E Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate E Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. E Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

The question being "Shall the bill, as amended, pass?".

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

YES 60 NO 3 EXCUSED 2 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb E Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall N Pfiffner N Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel N Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. E Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

______________

CONSIDERATION OF RESOLUTIONS

SJR99-020 by Senator Blickensderfer; also Representative Dean--Concerning the convening date for the second regular session of the Sixty-second General Assembly.

(Printed and placed in member's files.)

On motion of Representative Dean, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Gordon, Hagedorn, Sinclair, Spradley.

SJR99-023 by Senators Andrews, Evans, Lamborn; also Representatives Clapp, Nuñez, Spence--Concerning an independent peer review of the federal national weather service probable maximum precipitation study used by the United States Army Corps of Engineers in their redesign study relating to the Cherry Creek Dam.

(Printed and placed in member's files.)

On motion of Representative Clapp, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Allen, Dean, Decker, Fairbank, Hefley, Hoppe, Lee, Miller, Scott, Smith, Spradley.

HJR99-1019 by Representatives Young, Berry, Coleman, Gotlieb, Grossman, Hoppe, Johnson, Miller, Plant, Smith, Spradley, Taylor; also Senator Wattenberg--Concerning the Species Conservation Eligibility List.

(Printed and placed in member's files: also printed in House Journal March 26, pages 966-967.)

Amendment No. 1, Agriculture, Livestock and Natural Resources Report, dated April 7, 1999, and placed in member's bill file; Report also printed in House Journal, April 9, page 1128.

On motion of Representative Young, the amendment was declared passed by viva voce vote.

On motion of Representative Young, the resolution as amended was adopted by viva voce vote.

Representative Taylor requested his name be removed as sponsor.

Co-sponsors added: Representatives May, Tochtrop, Tupa.

HJR99-1020 by Representatives Hoppe, Smith, Alexander, Berry, Clapp, Kester, Larson, McKay, Miller, Mitchell, Spradley, Taylor, Webster, T.Williams; also Senators Dennis, Anderson, Arnold, Chlouber, Dyer, Epps, Evans, Hillman, Musgrave, Teck, Wattenberg, Wham--Concerning opposi-tion to H.R. 829, the "Colorado Wilderness Act of 1999".

(Printed and placed in member's files; also printed in House Journal March 26, pages 968-969.)

Amendment No. 1, Agriculture, Livestock and Natural Resources Report, dated April 8, 1999, and placed in member's bill file; Report also printed in House Journal, April 9, page 1128.

On motion of Representative Hoppe, the amendment was declared passed by viva voce vote.

On motion of Representative Hoppe, the resolution as amended was adopted by viva voce vote.

Co-sponsors added: Representatives Allen, Dean, Decker, Fairbank, Hefley, King, Lawrence, Lee, McElhany, McPherson, Nuñez, Paschall, Scott, Young.

HJR99-1023 by Representatives Miller, Alexander, Smith; also Senator Chlouber--Concerning the bureau of land management's proposed revisions to the regulations governing the conduct of hardrock mining activities on public lands.

(Printed and placed in member's files; also printed in House Journal March 31, pages 1032-1035.)

On motion of Representative Miller, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Hoppe, Kester, Larson, McKay.

SJR99-026 by Senator Hillman; also Representative King--Concerning international freedom from persecution for religious beliefs.

(Printed and placed in member's files.)

On motion of Representative King, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Alexander, Allen, Clapp, Clarke, Coleman, Dean, Decker, Fairbank, Gagliardi, Gordon, Hagedorn, Hefley, Johnson, Kaufman, Keller, Larson, Lawrence, Lee, McElhany, McKay, McPherson, Miller, Morrison, Paschall, Pfiffner, Plant, Ragsdale, Scott, Sinclair, Spence, Spradley, Swenson, Tapia, Tupa, Webster, S.Williams, T.Williams, Witwer, Mr. Speaker.

SJR99-027 by Senators Owen, Andrews, Arnold, Blickensderfer, Powers, Wattenberg, Anderson, Congrove, Dyer, Epps, Evans, Hillman, Lacy, Musgrave, Reeves, Teck; also Representatives Spence, Allen, Dean, Fairbank, George, Johnson, Kester, Lee, McElhany, McKay, McPherson, Mitchell, Nuñez, Paschall, Pfiffner, Spradley, Tool, T. Williams, and Zimmerman--Concerning a request for the United States Congress to strengthen the authority of the Postal Rate Commission.

(Printed and placed in member's files.)

On motion of Representative Spence, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Alexander, Miller, Sinclair.

HJR99-1031 by Representative Kaufman; also Senator Lacy--Concerning the 25^th anniversary of the Colorado Housing and Finance Authority.

(Printed and placed in member's files; also printed in House Journal April 13, pages 1181-1182.)

On motion of Representative Kaufman, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Coleman, Gagliardi, Hagedorn, Keller, Larson, Lawrence, Mace, Tapia, S.Williams, Mr. Speaker.

On motion of Representative Dean, consideration of the following resolutions was laid until the date indicated retaining place on Calendar:

HJR99-1016, 1032--April 16, 1999

HJR99-1030--April 23, 1999

______________

CONSENT GRANTED TO CONFERENCE COMMITTEE

Representative Dean moved that the First Conference Committee on HB99-1097 be granted permission to go beyond the scope of the difference between the House and the Senate. The motion was passed by the following roll call vote:

YES 57 NO 8 EXCUSED 0 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba N Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis N Tapia Y Tate N Taylor Y Tochtrop N Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels N Witwer Y Young Y Zimmerman N
						Mr. Speaker Y

_______________

REPORTS OF COMMITTEES OF REFERENCE

BUSINESS AFFAIRS AND LABOR

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

HB99-1361 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, after line 1, insert the following:

"SECTION 1.  Repeal.  5­4­103 (1) (a), Colorado Revised Statutes, is repealed as follows:

5­4­103.  Definitions: "consumer credit insurance"; "credit insurance act". In this code:

(1)  "Consumer credit insurance" means insurance, other than insurance on property, by which the satisfaction of debt in whole or in part is a benefit provided, but does not include:

(a)  Insurance, as to which a credit service charge or loan finance charge is imposed and provided in relation to a credit transaction in which a payment is scheduled more than ten years after the extension of credit;".

Renumber succeeding sections accordingly.

HB99-1363 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 5, after line 3, insert the following:

"SECTION 3.  40­6­110, Colorado Revised Statutes, is amended to read:

40­6­110.  Complaint by utility ­ grounds ­ expedited process. (1)  Any public utility has a right to complain on any grounds upon which complaints are allowed to be filed by other parties, and, the same procedure shall be adopted and followed as in other cases. BEFORE DOCKETING SUCH A COMPLAINT FOR HEARING, THE COMMISSION SHALL NOTIFY THE UTILITY COMPLAINED AGAINST AND ALLOW AT LEAST A FORTY-EIGHT-HOUR CURE PERIOD FOR INFORMAL RESOLUTION OF THE COMPLAINT. THEREAFTER, THE COMPLAINT SHALL BE DOCKETED AND HEARD AS PROVIDED IN THIS ARTICLE; EXCEPT THAT, AT THE REQUEST OF A PUBLIC UTILITY FILING SUCH A COMPLAINT, AND ONLY UPON THE APPROVAL OF THE COMMISSION, SUCH A COMPLAINT MAY BE HEARD AND DECIDED UNDER THE FOLLOWING EXPEDITED PROCESS:

(a)  THE COMPLAINT SHALL BE FILED WITH THE COMMISSION, AND A COPY SHALL BE SERVED NOT LATER THAN THE NEXT WORKING DAY UPON THE PARTY AGAINST WHOM THE COMPLAINT IS MADE.

(b)  AN ANSWER OR OTHER RESPONSIVE PLEADING TO THE COMPLAINT SHALL BE FILED WITH THE COMMISSION NOT LATER THAN FOURTEEN DAYS AFTER SERVICE OF THE COMPLAINT. COPIES OF THE ANSWER OR RESPONSIVE PLEADING SHALL BE SERVED ON THE COMPLAINANT.

(c)  DISCOVERY MAY COMMENCE UPON THE FILING OF THE COMPLAINT, AND RESPONSES TO DISCOVERY SHALL BE PROVIDED TO THE REQUESTING PARTY NOT LATER THAN FOURTEEN DAYS AFTER THE DATE OF SERVICE OF THE REQUEST.

(d)  A PREHEARING CONFERENCE SHALL BE HELD NOT LATER THAN TEN DAYS AFTER THE ANSWER IS FILED.

(e)  THE COMMISSION SHALL COMMENCE A HEARING ON THE COMPLAINT NOT LATER THAN THIRTY DAYS AFTER THE COMPLAINT IS FILED. PARTIES SHALL BE ENTITLED TO PRESENT EVIDENCE AS PROVIDED BY THE COMMISSION'S RULES.

(f)  UNLESS THE PARTIES OTHERWISE AGREE, THE COMMISSION SHALL ISSUE A DECISION CONCERNING A COMPLAINT NOT LATER THAN SIXTY DAYS AFTER ITS FILING.

(2)  AT OR BEFORE THE TIME FOR FILING THE ANSWER PURSUANT TO PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION, THE PARTIES MAY AGREE TO BINDING ARBITRATION, WHICH SHALL BE CONDUCTED IN ACCORDANCE WITH ARTICLE 22 OF TITLE 13, C.R.S.; EXCEPT THAT:

(a)  ANY SUCH ARBITRATION SHALL BE CONCLUDED WITHIN SIXTY DAYS AFTER FILING OF THE COMPLAINT; AND

(b)  A WRITTEN NOTICE OF THE AGREEMENT TO ARBITRATE, SIGNED BY THE PARTIES AND FILED WITH THE COMMISSION, SHALL BE SUFFICIENT TO MEET THE REQUIREMENTS OF SECTION 13­22­203, C.R.S.

SECTION 4.  Article 6 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

40­6­112.5.  Attorney fees. (1)  SUBJECT TO THE PROVISIONS OF THIS SECTION, IN ANY PROCEEDING UNDER THIS ARTICLE, THE COMMISSION MAY AWARD, AS PART OF ITS DECISION AND IN ADDITION TO ANY COSTS OTHERWISE ASSESSED, REASONABLE ATTORNEY FEES.

(2)  SUBJECT TO THE PROVISIONS OF THIS SECTION, IN ANY PROCEEDING UNDER THIS ARTICLE, THE COMMISSION SHALL AWARD, BY WAY OF DECISION OR SEPARATE ORDER, REASONABLE ATTORNEY FEES AGAINST ANY ATTORNEY OR PARTY WHO HAS BROUGHT OR DEFENDED A COMPLAINT OR OTHER MATTER REQUIRING ACTION BY THE COMMISSION, EITHER IN WHOLE OR IN PART, THAT THE COMMISSION DETERMINES LACKED SUBSTANTIAL JUSTIFICATION.

(3)  WHEN THE COMMISSION DETERMINES THAT REASONABLE ATTORNEY FEES SHOULD BE ASSESSED, IT SHALL ALLOCATE THE PAYMENT THEREOF AMONG THE OFFENDING ATTORNEYS AND PARTIES, JOINTLY OR SEVERALLY, AS IT DEEMS MOST JUST, AND MAY CHARGE SUCH AMOUNT, OR PORTION THEREOF, TO ANY OFFENDING ATTORNEY OR PARTY.

(4)  THE COMMISSION SHALL ASSESS ATTORNEY FEES IF, UPON THE MOTION OF ANY PARTY OR THE COMMISSION ITSELF, IT FINDS THAT AN ATTORNEY OR PARTY BROUGHT OR DEFENDED A COMPLAINT OR OTHER MATTER, OR ANY PART THEREOF, THAT LACKED SUBSTANTIAL JUSTIFICATION OR THAT THE COMPLAINT OR OTHER MATTER, OR ANY PART THEREOF, WAS INTERPOSED FOR DELAY OR HARASSMENT OR IF IT FINDS THAT AN ATTORNEY OR PARTY UNNECESSARILY EXPANDED THE PROCEEDING BY OTHER IMPROPER CONDUCT, INCLUDING, BUT NOT LIMITED TO, THE PROMULGATION OF PLEADINGS, RESPONSES, OR DISCOVERY REQUESTS THAT LACKED SUBSTANTIAL JUSTIFICATION. AS USED IN THIS SECTION, "LACKED SUBSTANTIAL JUSTIFICATION" MEANS SUBSTANTIALLY FRIVOLOUS, SUBSTANTIALLY GROUNDLESS, OR SUBSTANTIALLY VEXATIOUS AND SHALL BE CONSTRUED IN ACCORDANCE WITH COURT DECISIONS CONSTRUING SECTION 13­17­102, C.R.S.

(5)  NO ATTORNEY FEES SHALL BE ASSESSED IF, AFTER FILING OF A COMPLAINT OR OTHER PLEADING, A VOLUNTARY DISMISSAL IS FILED AS TO ANY SUCH PLEADING WITHIN A REASONABLE TIME AFTER THE ATTORNEY OR PARTY FILING THE DISMISSAL KNEW, OR REASONABLY SHOULD HAVE KNOWN, THAT HE OR SHE WOULD NOT PREVAIL ON THE MATTER ASSERTED IN THE PLEADING.

(6)  NO PARTY WHO IS APPEARING WITHOUT AN ATTORNEY SHALL BE ASSESSED ATTORNEY FEES UNLESS THE COMMISSION FINDS THAT THE PARTY CLEARLY KNEW OR REASONABLY SHOULD HAVE KNOWN THAT HIS OR HER COMPLAINT OR OTHER PLEADING OR RESPONSE, OR ANY PART THEREOF, LACKED SUBSTANTIAL JUSTIFICATION; EXCEPT THAT THIS SUBSECTION (6) SHALL NOT APPLY TO SITUATIONS IN WHICH AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE IS APPEARING WITHOUT AN ATTORNEY, IN WHICH CASE, HE OR SHE SHALL BE HELD TO THE STANDARDS ESTABLISHED FOR ATTORNEYS BY OTHER PROVISIONS OF LAW.

(7)  NO ATTORNEY OR PARTY SHALL BE ASSESSED ATTORNEY FEES AS TO ANY PLEADING OR RESPONSE THAT THE COMMISSION DETERMINES WAS ASSERTED BY SAID ATTORNEY OR PARTY IN A GOOD FAITH ATTEMPT TO ESTABLISH A NEW THEORY OF LAW IN COLORADO.".

Renumber succeeding sections accordingly.

Page 16, line 14, after the period, insert "THE SUPPORT MECHANISMS FOR ADVANCED SERVICES SHALL BE ESTABLISHED CONSISTENT WITH THE GOAL OF MAINTAINING AFFORDABLE BASIC LOCAL EXCHANGE SERVICE FOR ALL RESIDENTS OF THE STATE OF COLORADO. IN ESTABLISHING THESE SUPPORT MECHANISMS FOR ADVANCED SERVICES, THE COMMISSION SHALL UTILIZE THE SAME COLLECTION MECHANISM METHOD IT USES FOR BASIC SERVICE SUPPORT AND SHALL ENSURE THAT FUNDING IS EQUITABLE, NONDISCRIMINATORY, AND COMPETITIVELY NEUTRAL THROUGH ASSESSMENTS, WHICH MAY INCLUDE A RATE ELEMENT ON ALL TELECOMMUNICATIONS SERVICE PROVIDERS IN COLORADO THAT MAY INCLUDE A LARGER SURCHARGE ON SOME SERVICES THAN OTHERS.".

Page 17, after line 16, insert the following:

"(b.5)  ANY SURCHARGE IMPOSED TO FUND THE SUPPORT MECHANISMS CREATED PURSUANT TO THIS SUBSECTION (4) SHALL NOT EXCEED:

(I)  A FIFTY­CENT MAXIMUM ON A RESIDENTIAL LINE; EXCEPT THAT WITHIN THE REGION WHERE THE INVESTMENT IS TO BE MADE THE SURCHARGE SHALL NOT EXCEED ONE DOLLAR ON A RESIDENTIAL LINE;

(II)  A ONE­DOLLAR MAXIMUM ON A BUSINESS OR COMMERCIAL LINE; EXCEPT THAT WITHIN THE REGION WHERE THE INVESTMENT IS TO BE MADE, THE SURCHARGE SHALL NOT EXCEED TWO DOLLARS ON A BUSINESS OR COMMERCIAL LINE.

(b.7)  ANY MECHANISM CREATED TO IMPLEMENT THE SUPPORT MECHANISMS CREATED PURSUANT TO THIS SECTION SHALL NOT EXCEED A TOTAL OF FIFTY MILLION DOLLARS ANNUALLY, AND ANY SURCHARGES IMPOSED ON RESIDENTIAL AND BUSINESS OR COMMERCIAL LINES PURSUANT TO PARAGRAPH (b.5) OF THIS SUBSECTION (4) SHALL BE DISCONTINUED WHEN SUCH MECHANISM REACHES THE LEVEL OF FIFTY MILLION DOLLARS.".

TRANSPORTATION AND ENERGY

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

HB99-1028 be postponed indefinitely.

HB99-1366 be referred to the Committee of the Whole with favorable recommendation.

HB99-1370 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 13, strike "JULY" and substitute "SEPTEMBER" and strike "PERSONALLY" and substitute "IN PERSON".

Page 4, line 6, strike "COLORADO" and substitute "TELECOMMUNICATIONS NETWORK OPERATED BY THE BUREAU,";

line 7, strike "CRIMINAL INFORMATION CHECK,".

HJR99-1029 be postponed indefinitely.

______________

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:

HB99-1107, 1134, 1229, 1269 at 9:25 a.m. on April 15, 1999.

HB99-1037, 1090, 1172, 1256, 1314 at 2:45 p.m. on April 15, 1999.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has adopted and transmits herewith: SJR99-029, 032, 035, and 037.

The Senate has adopted and transmits herewith: SJR99-030, amended as printed in Senate Journal, April 15.

The Senate has adopted and returns herewith: HJR99-1021.

_________

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB99-164 and 169;

SB99-020, amended as printed in Senate Journal, Apri1 14, page 800;

SB99-023, amended as printed in Senate Journal, April 14, page 785;

SB99-029, amended as printed in Senate Journal, April 14, page 801;

SB99-065, amended as printed in Senate Journal, April 14, pages 790­800;

SB99-067, amended as printed in Senate Journal, April 14, page 801;

SB99-081, amended as printed in Senate Journal, April 14, pages 784­785;

SB99-117, amended as printed in Senate Journal, April 14, page 786;

SB99-130, amended as printed in Senate Journal, April 14, pages 780­781;

SB99-145, amended as printed in Senate Journal, April 14, page 781;

SB99-150, amended as printed in Senate Journal, April 14, page 800;

SB99-152, amended as printed in Senate Journal, April 14, pages 786­790;

SB99-154, amended as printed in Senate Journal, April 14, pages 781­784;

SB99-163, amended as printed in Senate Journal, April 14, page 800;

SB99-165, amended as printed in Senate Journal, April 14, page 800.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB99-164 and 169; and, without comment, as amended, SB99-020, 023, 029, 065, 067, 081, 117, 130, 145, 150, 152, 154, 163, and 165.

______________

MESSAGE FROM THE GOVERNOR

I certify I received the following on the 15th day of April, 1999, at 4:15 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

April 15, 1999

To the Honorable

House of Representatives

Sixty-second General Assembly

First 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:

HB99-1163 Concerning Implementation of Recommendations of the Committee on Legal Services in Connection With Legislative Review of Rules and Regulations of State Agencies.

Approved April 15, 1999 at 2:17 p.m.

HB99-1304 Concerning the Strengthening of the Crime of Burglary

Approved April 15, 1999 at 2:17 p.m.

Sincerely,

(signed)

Bill Owens

Governor

______________

INTRODUCTION OF BILL

First Reading

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

HB99-1379 by Representatives Decker, Hefley, King, McKay, Scott, Sinclair, Swenson, Witwer--Concerning prohibition of the purchase of firearms by persons on behalf of other persons who are ineligible to purchase firearms.

Committee on Judiciary

______________

INTRODUCTION OF CONCURRENT RESOLUTION

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

HCR99-1002 by Representatives Swenson, Johnson--Concerning the submission to the registered electors of the state of Colorado an amendment to the constitution of the state of Colorado, establishing an agricultural lands preservation program, and, in connection therewith, weakening a statutory spending limitation by requiring that a specified amount of general fund revenues that are in excess of the state statutory limitation on general fund appropriations be appropriated to the Colorado agricultural lands preservation fund and requiring that excess state revenues be retained and appropriated to such fund so that the total amount appropriated to such fund equals but does not exceed twenty-five million dollars per state fiscal year.

Committee on Agriculture, Livestock and Natural Resources

______________

INTRODUCTION OF RESOLUTIONS

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

HJR99-1037 by Representatives Taylor, Miller; also Senator Chlouber--Concerning the Environmental Protection Agency's over-filing against regulated entities in Colorado where Colorado has already taken enforcement action.

Committee on Agriculture, Livestock and Natural Resources

WHEREAS, Protection of public health and the environment are among the highest priorities of government that requires a united and uniform effort at all levels of government; and

WHEREAS, The United States Congress has enacted environmental laws to ensure the protection of the nation's environment and consequently the health of the citizens of the United States; and

WHEREAS, These federal environmental laws often provide for the primacy of their administration and enforcement to be delegated to the individual states; and

WHEREAS, The United States Environmental Protection Agency (EPA) is responsible for the administration and enforcement of these federal environmental laws; and

WHEREAS, States that have been delegated primacy have demonstrated to the EPA that they have adopted laws, regulations, and policies at least as stringent as federal laws, regulations, and policies; and

WHEREAS, The individual states are best able to administer and enforce these environmental laws for the benefit of all of their citizens and the citizens of the United States in general; and

WHEREAS, The EPA and the states have bilaterally developed policy agreements over the past twenty­five years that reflect the roles of the states and the EPA, recognizing that the primary responsibility for enforcement action resides with the individual states, with EPA taking enforcement action principally where an individual state requests assistance or is unwilling or unable to take timely and appropriate enforcement action; and

WHEREAS, Inconsistent with these policy agreements, the EPA has levied fines and penalties against regulated entities in cases where the state previously took appropriate action consistent with the agreements to bring such entities into compliance; and

WHEREAS, Colorado statutes give authority to the appropriate state agencies for the administration and enforcement of state and federal environmental laws; and

WHEREAS, The EPA continues to enforce federal environmental laws despite Colorado's primacy and has acted in areas of violations where the state has already acted; and

WHEREAS, The EPA has been unwilling to recognize the importance of Colorado's ability to develop methods for the state to meet the standards established by the EPA and federal environmental laws while recognizing state and local concerns and circumstances unique to Colorado; and

WHEREAS, A cooperative effort between the state and the EPA is essential to ensure such consistency while making certain to consider state and local concerns; and

WHEREAS, The EPA has been hesitant to recognize that economic incentives and rewarding compliance are acceptable alternatives to acting only after violations have occurred; and

WHEREAS, The EPA's current enforcement practices and policies result in detailed oversight and over­filing of state actions causing the weakening of Colorado's ability to take effective compliance actions and resolve environmental issues; and

WHEREAS, The current EPA enforcement policy and actions have had and continue to have an adverse impact on working relationships between the EPA and Colorado and many other western states; and

WHEREAS, The Western Governors' Association has adopted "Principles for Environmental Protection in the West" which encourages collaboration and not polarization between the EPA and the states, and further encourages the replacement of the command and control structure of the EPA with economic incentives encouraging results and environmental decisions that weigh costs against benefits in taking actions; now, therefore,

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

(1)  That we ask Congress to require the EPA to recognize that the State of Colorado has the requisite authority, expertise, experience, and resources to administer delegated federal environmental programs by:

(a)  Affording Colorado flexibility and deference in the administration and enforcement of delegated federal environmental programs;

(b)  Refraining from over­filing against recognized violators where Colorado has negotiated a compliance action in accordance with its approved EPA management systems, so long as that compliance action achieves compliance with applicable requirements; and

(c)  Allowing Colorado the ability to develop plans for achieving national environmental standards established by the EPA that are tailored to meet local conditions and priorities.

(2)  That we ask Congress to require the EPA to enter into memoranda of understanding with the individual states that outline performance and set joint goals and measures to ensure compliance with federal environmental laws while recognizing that states that have achieved primacy in environmental programs have the right to direct compliance actions.

(3)  That we ask Congress to require the EPA to develop policies and practices that recognize that:

(a)  Successful environmental policy and implementation are best accomplished through balanced, open, inclusive approaches where the public and private stakeholders work together to formulate locally­based solutions to environmental issues;

(b)  Threats of enforcement action to force compliance with specific technology or processes may not result in environmental protection but, instead, reward delay and litigation, cripple incentives for technological innovation, increase animosity between government, industry, and the public, and increase the cost of environmental protection; and

(c)  Effective management of environmental compliance is dependent upon the EPA shifting its focus from threats of enforcement action to one of compliance and the use of all available technologies, tools, and actions of the individual states.

Be It Further Resolved, That copies of this resolution be sent to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, each member of Colorado's Congressional Delegation, the Director of the Environmental Protection Agency, the Director of the Environmental Protection Agency's Office of Enforcement and Compliance Assistance, and the Regional Administrator of EPA Region VIII.

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The following resolutions were read by title and laid over one day under the rules:

HJR99-1038 by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning the deadline schedule for bills that increases the number of judges.

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

That Rule No. 23 of the Joint Rules of the Senate and House of Representatives is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

23. DEADLINE SCHEDULE

(a) (1.6) A MEMBER OF THE GENERAL ASSEMBLY SHALL INTRODUCE A BILL FOR AN INCREASE IN THE NUMBER OF DISTRICT JUDGES IN A JUDICIAL DISTRICT, OR FOR AN INCREASE IN THE NUMBER OF COUNTY JUDGES IN A COUNTY, NO LATER THAN 1ST DAY OF A REGULAR LEGISLATIVE SESSION. THE DEADLINE FOR FINAL PASSAGE OF ANY SUCH BILLS, INCLUDING ANY CONFERENCE COMMITTEE REPORT, SHALL BE THE 59TH LEGISLATIVE DAY.

_________

HJR99-1039 by Representative Mace; also Senator Powers--Concerning amendment of the "Federal Meat Inspection Act" to require country of origin labeling.

WHEREAS, E­coli contamination has become a problem in the United States' food supply; and

WHEREAS, The country or countries in which an animal is raised before slaughter is not currently identifiable to the United States consumer and the source of the imported meat or carcass, or any part thereof, is not accompanied by country of origin labeling; now, therefore,

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

That we, the members of the Colorado General Assembly, request the United States Congress to amend the "Federal Meat Inspection Act", 21 U.S.C. 601, et seq., to require that imported meat and meat food products containing imported meat bear a label identifying the country of origin.

Be it further resolved, That a copy of this resolution be sent to the President of the United States, the President of the Senate and the Speaker of the House of Representatives of the United States Congress, the Secretary of the Department of Agriculture, the Director of the Federal Trade Commission, West's Trade and Transportation Committee of the Council of State Governments, and the members of Colorado's congressional delegation.

_________

HJR99-1040 by Representative Tool--Concerning the Colorado General Assembly's support for an amendment to the United States constitution mandating a balanced federal budget.

WHEREAS, The federal budget has been balanced only once since 1969, and the federal public debt now exceeds $5.5 trillion, an amount equaling approximately $20,000 for every man, woman, and child in America; and

WHEREAS, Chronic deficit spending demonstrates an unwillingness or inability on the part of the executive and legislative branches of the federal government to spend no more than the amount of available revenues; and

WHEREAS, Fiscal irresponsibility at the federal level lowers our standard of living, destroys jobs, and endangers economic opportunity now and for those in the next generation; and

WHEREAS, The federal government's unlimited ability to borrow money to finance its deficits raises concerns directed to the fundamental structure and responsibilities of government, making such fiscal policies an appropriate subject for limitation in the United States constitution; and

WHEREAS, The United States constitution vests the ultimate responsibility for changing the terms of that charter with the people, as represented by their elected state legislatures, and opposition by a small minority in the United States Congress has consistently thwarted the will of the people that a balanced budget amendment be submitted to the states for ratification; now, therefore,

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

That we, members of the Sixty-second General Assembly, request the Congress of the United States to expeditiously pass and submit to the legislatures of the fifty states for their ratification an amendment to the United States constitution requiring that, in the absence of a national emergency, the total of all federal appropriations for any given fiscal year not exceed the total of all estimated federal revenues for that fiscal year.

Be It Further Resolved, That copies of this Joint Resolution be sent to each member of Colorado's delegation to the United States Congress.

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HJR99-1041 by Representative George; also Senator Powers--Concerning Early Childhood Intervention Awareness Day.

WHEREAS, Children are Colorado's most precious resources and represent the future of our state; and

WHEREAS, Two percent of all children up to three years of age have significant developmental conditions or delays; and

WHEREAS, The critical window of opportunity for visual skill development is birth to six months, and the critical window of opportunity for speech development is within the first three years of life; and

WHEREAS, The earlier a child is identified as having a developmental delay or developmental disability, the greater the beneficial effect of services and support which in many cases can greatly limit the severity of a disability or completely eliminate a developmental delay; and

WHEREAS, Early childhood intervention programs provide services to babies and toddlers who are born premature, who have had problems during the newborn period, who are at risk for developmental delay or have minor delays in development, or who are born to very young mothers or into distressed home environments; and

WHEREAS, Each year more than a thousand children up to three years of age are helped by early intervention services in Colorado; and

WHEREAS, The Colorado Association of Community Centered Boards and The Children's Hospital have launched an effort to inform families about Colorado resources to address childhood developmental disabilities and developmental delays; now, therefore,

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

That we, the members of the Colorado General Assembly, recognize the importance of and support the work being done throughout the state to inform, educate, and assist families and children who may be affected by these issues, and proclaim April 28, 1999, Colorado Early Childhood Intervention Awareness Day.

Be It Further Resolved, That copies of this Resolution be sent to the Colorado Association of Community Centered Boards and The Children's Hospital in recognition of their efforts.

_________

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

HJR99-1042 by Representative Tool; also Senator Wham--Concerning creation of an interim committee to study the treatment of persons with mental illness who are involved in the criminal justice system.

Committee on Appropriations

WHEREAS, A study by the Colorado Department of Corrections completed in the fall of 1998 identified approximately 1,200 inmates, or almost 10% of the inmate population of the Department of Corrections, as persons who meet the diagnostic criteria for major mental illnesses; and

WHEREAS, The number of inmates in the Department of Corrections identified in 1998 as meeting the diagnostic criteria for major mental illnesses is twice the number identified in 1996 and five to six times the number identified in 1988; and

WHEREAS, In 1998, approximately 20% of the juveniles held in the legal custody of the Division of Youth Corrections within the Department of Human Services have been identified as having moderate to severe mental health problems requiring psychiatric treatment; and

WHEREAS, A study conducted in 1995 found that approximately 6% of the persons held in county jails and in community corrections throughout the state had been diagnosed as persons with severe or chronic mental illness; and

WHEREAS, It is estimated that currently as many as 8.7% of all the adults and juveniles on probation throughout the state of Colorado and 14.2% of the adults on probation in Denver have been identified as having severe or chronic mental illness; and

WHEREAS, As of April 13, 1999, approximately 45% of the inpatient population at the Colorado Mental Health Institute had been committed following the return of a verdict of not guilty by reason of insanity or a determination by the court that the person was incompetent to stand trial due to mental illness; and

WHEREAS, Persons with mental illness, as a direct or indirect result of their condition, are in many instances more likely than persons who do not have mental illness to be involved in the criminal justice system, including the juvenile justice system; and

WHEREAS, The existing procedures and diagnostic tools used by persons in the criminal justice system may not be sufficient to adequately identify and diagnose persons with mental illness who are involved in the criminal justice system; and

WHEREAS, The criminal justice system, including the juvenile justice system, may not currently be structured in such a manner as to provide the level of treatment and care for persons with mental illness that is necessary to ensure the safety of these persons, of other persons in

the criminal and juvenile justice systems, and of the community at large; and

WHEREAS, The ongoing supervision, care, and monitoring, especially with regard to medication, of persons with mental illness who are released from incarceration are crucial to ensuring the safety of the community; now, therefore,

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

(1)  That there is hereby created an interim committee to work through the 1999 interim to study the identification, diagnosis, and treatment of persons with mental illness who are involved in the state criminal justice system, including the juvenile justice system. The interim committee shall consider, but need not be limited to, the following issues:

(a)  Early identification, diagnosis, and treatment of adults and juveniles with mental illness who are charged with criminal offenses;

(b)  Prosecution and sentencing alternatives for persons with mental illness that may involve treatment and ongoing supervision;

(c)  Diagnosis, treatment, and housing of persons with mental illness who are convicted of crimes or who plead guilty, nolo contendere, or not guilty by reason of insanity or who are found to be incompetent to stand trial;

(d)  Diagnosis, treatment, and housing of juveniles with mental illness who are adjudicated for offenses that would constitute crimes if committed by adults or who plead guilty, nolo contendere, or not guilty by reason of insanity or who are found to be incompetent to stand trial;

(e)  Ongoing treatment and supervision, especially with regard to medication, of adults and juveniles who are convicted or adjudicated and housed within the community;

(f)  Ongoing supervision, especially with regard to medication, of persons with mental illness after discharge from sentence;

(g)  Civil commitment of persons with mental illness who are criminally convicted, found not guilty by reason of insanity, or found to be incompetent to stand trial;

(h)  Other issues concerning persons with mental illness who are involved in the state criminal justice system, including the juvenile justice system, that arise during the course of the interim study.

(2)  That the interim committee shall consist of six members. The Speaker of the House of Representatives and the President of the Senate shall appoint the members of the committee no later than thirty days after passage of this Resolution, as follows:

(a)  The Speaker of the House of Representatives shall appoint three representatives to serve on the interim committee, one of whom shall be named chairperson of the interim committee, and no more than two of whom shall be members of the same political party;

(b)  The President of the Senate shall appoint three senators to serve on the interim committee, one of whom shall be named vice­chairperson of the interim committee, and no more than two of whom shall be from the same political party.

(3)  That the chairperson and vice­chairperson of the interim committee shall appoint an advisory task force to assist the committee in performing its study. The advisory task force shall consist of nineteen members as follows:

(a)  One member who represents the judicial department;

(b)  One member who represents the division of probation within the judicial department;

(c)  One member who represents the division of mental health within the department of human services;

(d)  One member who represents the division of criminal justice within the department of public safety;

(e)  One member who represents the department of corrections;

(f)  One member who represents the division of parole within the department of corrections;

(g)  One member who represents community corrections;

(h)  Two members who represent local law enforcement agencies;

(i)  One member who represents the division of youth corrections within the department of human services;

(j)  One member who represents the division of juvenile parole within the department of human services;

(k)  One member who represents the state attorney general's office;

(l)  One member who represents the district attorneys within the state;

(m)  Two members who represent the criminal defense bar within the state;

(n)  Two members who are mental health professionals practicing within the state;

(o)  Two members of the public who have mental illness and have been involved with the criminal justice system in this state or who have family members who have mental illness and have been involved with the criminal justice system in this state.

(4)  That the interim committee shall make findings and recommendations regarding the issues reviewed in this study, including but not limited to any necessary legislation, and shall submit a written report on the interim committee's findings and recommendations to the General Assembly no later than November 15, 1999. Legislation recommended by the interim committee shall be treated as legislation recommended by any other interim committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the Senate and the House of Representatives.

(5)  That the interim committee shall meet at least three times to fulfill its responsibilities in this study.

(6)  That the members of the interim committee shall be paid compensated as provided in section 2­2­307, Colorado Revised Statutes, for attendance at meetings of the interim committee and of the advisory task force.

(7)  That the members of the advisory task force shall serve without compensation.

(8)  That the Legislative Council staff and the Office of Legislative Legal Services shall be made available to assist the interim committee in carrying out its duties.

(9)  That all expenditures incurred while conducting this study shall be approved by the chair of the Legislative Council and paid by vouchers and warrants drawn as provided by law from moneys allocated to the Legislative Council for legislative studies from appropriations made by the General Assembly.

_________

The following resolutions were read by title and laid over one day under the rules:

HJR99-1043 by Representatives Alexander, Hoppe, Johnson, Miller, Spradley, Taylor, Webster, Young; also Senator Dennis--Concerning the labeling of agricultural products to include the country of origin on the package.

WHEREAS, It is essential that consumers have access to accurate facts to make informed choices about the food they purchase; and

WHEREAS, Current federal legislation requires country­of­origin labeling on frozen produce, but not on meat, poultry, or fresh produce, which creates a confusing double standard for consumers; and

WHEREAS, The current United States Department of Agriculture policy of placing a grading label on imported meats misleads consumers who believe the label means that the product was produced in the United States; and

WHEREAS, Many of the trading partners for the United States require country­of­origin labels on food products produced in the United States; and

WHEREAS, It is estimated that 95% of the 625 million pounds of meat imported into the United States annually is imported for the purpose of additional processing and is therefore exempt from import labeling provisions of the federal "Pure Food and Drug Act"; now, therefore,

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

(1)  That the General Assembly requests that the United States Congress pass legislation requiring labels that disclose the country of origin on meats, poultry, and fresh produce; and

(2)  That the General Assembly requests that the United States Congress pass legislation prohibiting meat and cattle raised or produced outside of the United States and destined for immediate slaughter from carrying the United States Department of Agriculture quality grade label.

Be It Further Resolved, That copies of this resolution be sent to the President of the United States, the President of the Senate and the Speaker of the House of Representatives of the United States Congress, each member of the Congressional delegation from Colorado, the Secretary of the United States Department of Agriculture, and the Federal Trade Commission.

_________

HJR99-1044 by Representatives Clapp, May, Swenson, Mace, Larson, Nuñez, Gotlieb, McElhany, Paschall; also Senator Andrews--Concerning the encouragement of voluntary efforts to alleviate congestion on Colorado highways.

WHEREAS, The state of Colorado contains more than 85,000 miles of roads and 8,300 bridges, and vehicle miles in Colorado last year totaled more than 36 billion, 22 billion of such miles on state roads; and

WHEREAS, Nearly three­fourths of Colorado's portion of the interstate highway system was built before 1970, and since then, the population of this state has increased by 1.8 million people; and

WHEREAS, Insufficient investment in the state's transportation system relative to the state's population growth has resulted in too many congested and unsafe roads, with heavily­traveled portions of such roads forced to handle thousands more daily trips by motorists than was anticipated when such roads were constructed; and

WHEREAS, Although the Colorado Transportation Commission has identified 28 strategic transportation projects across the state that are critical for improving Coloradans' safety and mobility, the projected completion date for all of these projects is literally a generation away; and

WHEREAS, Beneficial growth in Colorado's economy and preservation of our state's unique quality of life will only be possible if goods, services, and people can be moved quickly, efficiently, and economically across our state; and

WHEREAS, Addressing the state's transportation crisis is a major priority of the First Regular Session of the Sixty­second General Assembly, and Governor Owens' administration, working in concert with the General Assembly, has developed a comprehensive package of legislative measures that will, if enacted, accelerate completion of the 28 state­wide strategic transportation projects, provide safer and less congested highways, direct attention to needed improvements in the southeast corridor while freeing up resources for other important projects around the state, and save Colorado taxpayers money and time otherwise lost to traffic congestion; and

WHEREAS, There are numerous actions Colorado public and private employers, families, and citizens can take now on a voluntary basis to relieve or reduce traffic congestion on the state highways that will enhance and supplement the package of transportation measures currently pending before the General Assembly, including the adoption and encouragement of flex­time, home­office, telecommuting, and ride­sharing arrangements, as well as the use of "jitney" taxicab services in heavily congested areas; and

WHEREAS, Voluntary efforts on the part of Colorado public and private employers, families, and citizens to make greater use of these or other alternatives to traditional highway usage could make a meaningful difference in reducing or relieving congestion on state roads at little or no cost to the public; now, therefore,

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

(1)  That the General Assembly encourages Colorado public and private employers, families, and individual citizens to adopt and practice voluntary efforts, whether through flex­time, home­office, telecommuting, ride­sharing, jitney taxicab service, or other arrangements, that will reduce or relieve traffic congestion on state roads.

(2)  That the General Assembly encourages the executive director of each principal department of the executive branch to consider, to the extent not yet undertaken, the adoption of policies that will foster the use of voluntary efforts to reduce traffic congestion on the part of the employees in that department, consistent with existing rules and regulations concerning personnel matters or otherwise.

Be It Further Resolved, That copies of this Joint Resolution be sent to Governor Bill Owens, the executive director of each principal department of the executive branch of state government, and each member of Colorado's delegation to the United States Congress.

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

HJR99-1045 by Representatives Paschall, May, Coleman, Dean, Fairbank, Mace, Mitchell, Nuñez, Scott, Smith, Spradley; also Senators Sullivant, Chlouber, Hernandez, Lamborn--Concerning the creation of an interim committee to study mobile source emissions strategies.

Committee on Agriculture, Livestock & Natural Resources

WHEREAS, The federal "Clean Air Act", as amended by the federal "Clean Air Act Amendments of 1990", 42 U.S.C. sec. 7401 et seq., requires the attainment and maintenance of national ambient air quality standards in part by the regulation of pollution from mobile sources; and

WHEREAS, The General Assembly enacted the AIR program, which consists of basic and enhanced emission programs for the inspection and readjustment of motor vehicles in order to comply with the federal "Clean Air Act" requirements; and

WHEREAS, The AIR program has proven to be cumbersome to operate, inconvenient and expensive for Colorado citizens, and a technologically ineffective method to attain and maintain national ambient air quality standards through motor vehicle inspection and readjustment; and

WHEREAS, The protection of Colorado's air quality from motor vehicle emissions must be derived from strategies based on sound scientific and technological data; and

WHEREAS, Once such strategies have been identified and studied, a better program for the attainment and maintenance of national ambient air quality standards in compliance with the "Clean Air Act" and protection of Colorado's air quality, may be established; now, therefore,

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

(1)  That there shall be a committee to meet in the interim after the 1999 Regular Session of the General Assembly to study mobile source air pollution strategies. Such interim committee shall consist of eleven members of the General Assembly. The Speaker of the House of Representatives shall appoint seven members of the House of Representatives and the President of the Senate shall appoint four members of the Senate. The interim committee may consider, but shall not be limited to, the following:

(a)  Identify alternative mobile source air pollution strategies, based on sound technical and scientific data, that may be utilized in Colorado in order to attain and maintain national ambient air quality standards in compliance with the federal "Clean Air Act";

(b)  Advances in technology and what effect, if any, such advances may have on any mobile source air pollution strategy now and in the future;

(c)  Cost of implementation and operation of the strategy and the feasibility of privatizing such implementation and operation;

(d)  What effect such strategy would have on market shares of the industries that would be affected by the strategy; and

(e)  Determine which of the strategies would best attain and maintain national ambient air quality standards in compliance with the federal "Clean Air Act" in Colorado.

(2)  That, in conducting such study, the interim committee may consult, as may be required, with appropriate local, state, and federal agencies and interested members of the public and may hold public hearings in such locations throughout the state as deemed necessary for purposes of the study. The study shall not require additional staff for any state agency or any additional appropriation to any such state agency.

(3)  That the Legislative Council shall report its findings and recommendations to the 2000 Regular Session of the Sixty­second General Assembly.

(4)  That all expenditures incurred in the conduct of the study enumerated in this resolution shall be approved by the chairperson of the Legislative Council and paid by vouchers and warrants drawn as provided by law from funds allocated to the Legislative Council from appropriations made by the General Assembly.

_________

HJR99-1046 by Representative Taylor; also Senator Wattenberg--Concerning a request for amendment of the federal "Superfund" law to address the needs of small businesses.

Committee on Agriculture, Livestock and Natural Resources

WHEREAS, The General Assembly commends the intent underlying the federal Superfund law, namely, the desire to protect human health and the environment first while deferring until later the assessment of blame and the collection of costs from persons found to be liable; and

WHEREAS, The Superfund law generally serves this intent in cases where causation is clear and the responsible parties are large corporations with substantial assets; and

WHEREAS, The Superfund law has proven not to serve as well in other cases, particularly those involving small businesses; and

WHEREAS, Specifically, the Superfund liability system leads to excessive litigation for small businesses, uncertainties in responsibility that hamper access to capital, unwarranted delays in the resolution of liability, and lack of responsiveness to the particular needs of small business enterprises; and

WHEREAS, Such problems are most vexing in the case of specialty oil change service stations, general automobile service stations, and other small businesses that generate used oil in their daily activities and centrally collect and recycle used oil that would otherwise be disposed of by uncertain means and eventually become dispersed in the environment; and

WHEREAS, A business of this kind that contracts with an oil collection and recycling firm certified by the Environmental Protection Agency should be able to depend on such certification and continue to operate in good faith, without fear of future liability; and

WHEREAS, Nevertheless, the current Superfund law does not offer even this basic level of protection to a small business that makes every effort to be environmentally responsible; and

WHEREAS, Small businesses are committed to environmental protection, but have serious concerns with the current Superfund program; and

WHEREAS, Small businesses are a vital part of Colorado's economy, employing a substantial portion of Colorado's workforce and reflecting a broad spectrum of its citizens; and

WHEREAS, Reforming the Superfund program to address the needs of small businesses would contribute to their continued viability and to the economic health of the state as a whole; now, therefore,

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

That we, the members of the Colorado General Assembly, hereby request the Congress of the United States to make the following changes to the Superfund law:

1.  Eliminate third­party litigation and instead adopt a streamlined, expedited, and informal process to quickly allocate responsibility among all parties potentially liable for cleanup of a Superfund site.

2.  For small businesses that accept their responsibility as allocated under the streamlined process, or that did not have the legal right to control the site during periods when contamination occurred, provide immunity from further liability.

3.  Include, as part of the streamlined process, a means for determining and declaring de minimis liability for contamination at a site within 180 days. If the 180­day period is exceeded by more than 120 days, relieve small business de minimis parties of all liability unless the delay is outside the control of the Environmental Protection Agency.

4.  Make the ability to pay an explicit, required criterion for allocation of financial responsibility to a small business, taking into account the small business's overall financial condition and its ability to raise revenue.

Be it further resolved, That copies of this resolution be sent to each member of Colorado's Congressional delegation and to the administrator of the Environmental Protection Agency.

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HJR99-1047 by Representatives Taylor, Miller; also Senator Wattenberg--Concerning reconsideration of the federal Environmental Protection Agency's implementation of the "Regional Haze Rule".

Committee on Agriculture, Livestock and Natural Resources

WHEREAS, The federal Environmental Protection Agency (EPA) is in the process of implementing the "Regional Haze Rule" which has general national applicability as well as containing alternative provisions that Colorado and other western states may utilize to deal with regional haze problems; and

WHEREAS, The Grand Canyon Visibility Transport Commission, comprised of the states of Colorado, Arizona, California, New Mexico, Nevada, Oregon, Utah, and Wyoming and the Acoma, Hopi, Hualapai, and Navaho tribes, as well as federal agencies, industry, and environmental groups, spent over 3 years of detailed study and analysis to directly address regional haze problems and issued their findings in the 1996 report entitled, "Recommendations for Improving Western Vistas"; and

WHEREAS, It continues to be the belief of the state of Colorado that the western states and its stakeholders are best situated to directly address regional haze problems; and

WHEREAS, The EPA has been working with western states in an attempt to accommodate the needs of those states, but there are several matters that remain at issue; now therefore,

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

(1)  That the members of the General Assembly ask the EPA to re­propose the "Regional Haze Rule" in order to allow full public participation with input from all of the stakeholders in the Western States to develop a new "Regional Haze Rule" that provides strategies based on collaboration and sound air quality science to protect the vistas of the West.

(2)  That we request the EPA to continue to work with western states to improve the"Regional Haze Rule" by ensuring that the following issues are addressed:

(a)  Development of a market trading program covering the Grand Canyon Visibility Transport Commission Class I areas and other Class I areas to ensure that the BART (Best Achievable Retrofit Technology) eligible sources are not in double jeopardy; and

(b)  BART­eligible sources should have their risk reasonably reduced or eliminated from the "reasonable attribution BART" if they are complying with the "regional haze BART" through a market trading program; and

(c)  The national and regional regulatory schemes of the "Regional Haze Rule" should be as separate as legally possible; and

(d)  That other Class I areas in the affected western states that are not defined in the Colorado plateau region be accommodated in a manner that is administratively efficient and that allows them to be treated as equals to the original 16 Grand Canyon Visibility Transport Commission Class I areas; and

(e)  That states have a reasonable period of time to prepare their state implementation plans in a manner that is consistent with federal requirements.

Be It Further Resolved, That copies of this resolution be sent to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, each member of Colorado's Congressional Delegation, the Director of the Environmental Protection Agency, the Director of the Environmental Protection Agency's Office of Enforcement and Compliance Assistance, and the Regional Administrator of EPA Region VIII.

_________

The following resolutions were read by title and laid over one day under the rules:

HJR99-1048 by Representatives Grossman, Kaufman--Concerning the federalization of state crimes.

WHEREAS, Chief Justice Rehnquist, in his annual report dated January 1, 1999, cited the growing caseload in the federal judiciary resulting from the continued expansion of federal jurisdiction as one of the three greatest problems confronting the federal judiciary; and

WHEREAS, In that report, Chief Justice Rehnquist also wrote: "The trend to federalize crimes that traditionally have been handled in state courts not only is taxing the Judiciary's resources and affecting its budget needs, but it also threatens to change entirely the nature of our federal system."; and

WHEREAS, In that report, Chief Justice Rehnquist also wrote: "While there certainly are areas in criminal law in which the federal government must act, the vast majority of localized criminal cases should be decided in the state courts which are equipped for such matters."; and

WHEREAS, The Commission on Structural Alternatives for the Federal Courts of Appeals, chaired by Retired Justice Byron R. White, recently wrote in its final report about the importance of "restraint in conferring new jurisdiction on the federal courts, particularly in areas traditionally covered by state law and served by state courts."; and

WHEREAS, The Judicial Conference of the United States issued its Proposed Long­Range Plan for the Federal Courts in 1995 and included as one of its recommendations: "Congress should commit itself to conserving the federal courts as a distinctive judicial forum of limited jurisdiction in our system of federalism. Civil and criminal jurisdiction should be assigned to the federal courts only to further clearly defined and justified national interests, leaving to the state courts the responsibility for adjudicating all other matters."; and

WHEREAS, Such Long­Range Plan recommends that federal courts should only have criminal jurisdiction in five types of cases:

(1)  Offenses against the federal government or its inherent interests;

(2)  Criminal activity with substantial multi­state or international aspects;

(3)  Criminal activity involving complex commercial or institutional enterprises most effectively prosecuted using federal resources or expertise;

(4)  Serious high level or widespread state or local government corruption; and

(5)  Criminal cases raising highly sensitive local issues; and

WHEREAS, The principles of federalism as set forth in the U. S. Constitution, the Tenth Amendment, and the Federalist Papers underscore the need to reserve to the states the authority to prosecute and try the bulk of all criminal cases; and

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

(1)  That the General Assembly requests the United States Congress to respect the federal structure of our judiciary and to resist attempts to unduly expand the criminal jurisdiction of federal courts.

(2)  That the General Assembly requests the United States Congress to respect the nature and expertise of the state judiciary and its long­standing ability to competently adjudicate criminal matters.

(3)  That the General Assembly requests the United States Congress to retain the unique characteristics of the federal judiciary as courts of limited jurisdiction and as accessible and efficient instruments of justice.

Be It Further Resolved, That copies of this Joint Resolution be sent to the President of the United States and to all members of the Colorado congressional delegation.

_________

HJR99-1049 by Representatives Gordon, Bacon, Chavez, Clarke, Coleman, Gagliardi, Grossman, Hagedorn, Mace, Plant, Ragsdale, Takis, Tapia, Tate, Tochtrop, Tupa, Veiga, Vigil, S. Williams, Windels, Zimmerman; also Senator Feeley--Concerning support for the "Americans With Disabilities Act of 1990" regulation that requires public services in the most integrated setting.

WHEREAS, On April 21, 1999, the United States Supreme Court will hear oral arguments in Olmstead v. L.C. and E.W., Case No. 98­536;

and

WHEREAS, The Olmstead case will challenge the 11th Circuit Court of Appeals decision that the federal "Americans With Disabilities Act of 1990" (the "ADA") prohibits unnecessary institutional segregation of the disabled; and

WHEREAS, The United States Attorney General's regulations implementing Title II of the ADA provide that "[a] public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities"; and

WHEREAS, Nine governors who signed the Amicus Curiae brief supporting the position of the State of Georgia contend that the ADA does not require community placement if appropriate care can also be had in an institutional setting; and

WHEREAS, According to the most recent United States decennial census, there were 54 million disabled Americans, over 2,200,000 of whom reside in nursing homes and other institutions; and

WHEREAS, The average yearly cost of residing in a nursing home is higher than the average yearly cost of providing community home­based attendant services; now, therefore,

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

That the General Assembly supports the most integrated setting mandate in regulations adopted by the United States Attorney General pursuant to the federal "Americans With Disabilities Act of 1990".

Be It Further Resolved, That copies of this Resolution be sent to the Speaker of the U.S. House of Representatives J. Dennis Hastert, House Minority Leader Dick Gephardt, Senate Majority Leader Trent Lott, Senate Minority Leader Thomas Daschle, and to each member of Congress from the State of Colorado.

_________

HJR99-1050 by Representatives Grossman, Kaufman--Concerning a request to expedite federal judicial nominations.

WHEREAS, Pursuant to the United States Constitution, the President shares the responsibility with the U.S. Senate for filling vacancies on the federal bench by nominating federal judges and making such appointments by and with the advice and consent of the U.S. Senate; and

WHEREAS, Congress has not created any new judgeships since 1990, but the federal district court caseload has increased 24% during that same time; and

WHEREAS, The Judicial Conference of the United States recommended in 1996 that one temporary and one permanent judgeship be created for the U.S. District Court for the District of Colorado, but Congress has yet to act on that recommendation; and

WHEREAS, Judge Zita Weinshienk of the U.S. District Court for the District of Colorado took senior status in April 1998, thus creating a vacancy in the federal judiciary serving Colorado, and that vacancy has not yet been filled; and

WHEREAS, Colorado has had its current complement of 7 federal district judgeships since 1984, and in that time the state's population has grown more than 22%; and

WHEREAS, In the U.S. District Court for the District of Colorado, it now takes nearly two years for an average civil case to go to trial, and the district ranks 79^th out of 94 federal judicial districts in the country for the number of civil cases that have been pending more than three years; and

WHEREAS, The civil caseload in the U.S. District Court for the District of Colorado has increased more than 16% over the four years of 1993­1997, and nearly one­fifth of all pending motions in all federal district courts are in the District of Colorado; and

WHEREAS, The criminal caseload in the District of Colorado has increased more than 50% in the last decade, and for the first time in 26 years, national federal criminal filings experienced a double­digit increase in one year, a 15% increase for 1998; and

WHEREAS, Chief Justice Rehnquist has maintained that judicial vacancies contribute to a backlog of cases, undue delays in civil cases, and stopgap measures to shift judicial personnel; and

WHEREAS, As of February 1999, there are 41 federal district court judgeships that remain vacant, and there are now 25 vacancies in the federal judiciary that have been awaiting Senate disposition for 18 months or longer and now constitute "judicial emergencies"; and

WHEREAS, The U.S. Senate confirmed only 65 federal judges in 1998, compared to confirming 101 judges in 1994; and

WHEREAS, In his 1998 annual report, Chief Justice Rehnquist asserted that: "Vacancies cannot remain at such high levels indefinitely without eroding the quality of justice that traditionally has been associated with the federal judiciary"; now, therefore,

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

(1)  That the General Assembly requests the President of the United States to timely nominate qualified persons for federal judgeships, including a nominee for the pending vacancy in Colorado.

(2)  That the General Assembly requests the U.S. Senate to timely act upon all pending and future nominations for federal judgeships.

(3)  That the General Assembly requests the Judiciary Committee of the U.S. Senate to timely review and act upon the qualifications of nominees for the federal judiciary and, after the necessary time for inquiry, to so inform the rest of the Senate and to bring pending nominations to prompt resolution.

(4)  That the General Assembly expresses its concern to both the President and the U.S. Senate regarding the continuing harm to the state of the federal judiciary due to a prolonged nomination and confirmation process.

Be It Further Resolved, That copies of this Joint Resolution be sent to the President of the United States, Senator Wayne Allard, and Senator Ben Nighthorse Campbell, and, in addition, to all other members of the United States Senate, including members of the Senate Judiciary Committee.

_________

HJR99-1051 by Representatives Johnson; also Senator Hillman--Concerning amendment of the federal "Endangered Species Act of 1973".

WHEREAS, The "Endangered Species Act of 1973" (ESA) needs to be amended to encourage proactive species conservation efforts at the state level rather than reactive, burdensome, and costly efforts at the federal level; and

WHEREAS, Merely listing a species as threatened or endangered does little to conserve the species; and

WHEREAS, Many state programs such as Colorado's nongame program have been very successful in conserving species such as the boreal toad without a federal listing; and

WHEREAS, The ESA should provide incentives for states to adopt proactive approaches to avoid the listing of species under the ESA rather than penalizing such efforts; and

WHEREAS, The ESA should be amended to provide that a federal listing is not required where a state has already adopted a program to protect the species unless it is absolutely necessary to avoid nationwide extinction; and

WHEREAS, If a state has an effective program to protect a listed species in place, that program should be recognized as a reasonable and prudent alternative under the ESA, thereby providing a cost­effective means for species recovery, maintaining state jurisdiction over land and water resources, and allowing economic development to move forward; and

WHEREAS, States should not be penalized for efforts to enhance or establish populations of species by federal pre­emption once the species is listed, rather, such populations should qualify as experimental under the ESA, thereby maintaining control and regulation of the species by the state; and

WHEREAS, The ESA should not be applied retroactively, and projects in existence prior to the passage of the ESA that may come up for a federal permit or license renewal but do not involve an expansion of the project or an increase in the environmental impact of the project should not be subject to consultation under Section 7 of the ESA; and

WHEREAS, Federal implementation of the ESA to protect aquatic species must consider state water rights, and any recovery program should be structured to avoid or minimize intrusion into state authority over water allocation and administration; and

WHEREAS, The administration's "No Surprises" policy should be adopted as an amendment to the ESA so that permit holders and landowners have some assurance that once ESA requirements have been met, no further mitigation efforts will be required; now, therefore,

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

That we, the members of the Sixty­second General Assembly, urge Congress to adopt these amendments to the federal "Endangered Species Act of 1973".

Be It Further Resolved, That a copy of this resolution be sent to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of Colorado's Congressional delegation.

_________

HJR99-1052 by Representative Mace; also Senator Hernandez--Concerning National Civility Week.

WHEREAS, Our civilization is founded upon the values of honesty, courtesy, and respectful consideration among its citizens; and

WHEREAS, Society as a whole is dependent on civil interaction between its people; and

WHEREAS, It is in the best interest of the state and nation to support and encourage civility; and

WHEREAS, A lack of civility in recent years has become apparent, as demonstrated in media coverage of road rage, violence occurring in schools, personal deceit, and public corruption; and

WHEREAS, National Civility Week, Inc., strives to teach civility to Colorado's citizens; and

WHEREAS, National Civility Week, Inc., is a nonpartisan Colorado nonprofit corporation devoted to strengthening civility within Colorado and in the nation; and

WHEREAS, National Civility Week, Inc., has established the 19^th through the 25^th of September 1999 as National Civility Week in an effort to reaffirm society's commitment to adhere to well­established rules of civil conduct; and

WHEREAS, National Civility Week will draw attention to the behaviors and standards that we respect as people and will celebrate the conduct that ties together the threads of our social fabric; and

WHEREAS, It is important to encourage programs that will assist those in Colorado that are having difficulty practicing civility; and

WHEREAS, It would benefit Colorado and the nation to increase civility; and

WHEREAS, Those who practice and teach civility to their fellow Coloradans should be rewarded and acknowledged; and

WHEREAS, Colorado would serve as an example of civility to the rest of the world by recognizing National Civility Week; now, therefore,

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

That we, the members of the Sixty­second General Assembly, declare the 19^th through the 25^th of September 1999 is National Civility Week.

Be It Further Resolved, That a copy of this resolution be sent to Charity S. Tillemann­Dick, president of National Civility Week, Inc.

_________

HJR99-1053 by Representative Young; also Senator Hillman--Concerning the Colorado General Assembly's support for amendments to the federal "Unemployment Tax Act" to reduce the tax burden on family farmers.

WHEREAS, Employers who pay cash wages of $20,000 or more to farm workers in any calendar quarter or employ 10 or more employees at least part time during at least 20 different weeks in a calendar year are required to pay federal unemployment taxes in accordance with the federal "Unemployment Tax Act"; and

WHEREAS, The $20,000 threshold has not been adjusted since 1978 when federal unemployment tax liability was first imposed upon farm and ranch employees, and the average size of farms and ranches continues to increase as the number of farms and ranches decreases; and

WHEREAS, While farm production and efficiency have increased, rising costs, imports, and falling commodity prices all threaten the economic security of the nation's family farmers; and

WHEREAS, Given the crisis situation in American agriculture, America's family farmers need tax relief to maintain their operations and their families; and

WHEREAS, Unless America's farm families obtain needed tax relief, these farmers may be forced to sell their land, opening the door for development and threatening the well­being of local economies dependent upon small farms; now, therefore,

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

That we, the members of the Sixty­second General Assembly, request the Congress of the United States to pass legislation to amend the federal "Unemployment Tax Act" to increase the maximum amount of wages that a farmer can pay for agricultural labor without being subject to the federal unemployment tax on such labor, to reflect the effects of inflation on such maximum amount of wages since such tax was first enacted, and to provide for an annual inflation adjustment in such maximum amount of wages.

Be It Further Resolved,  That copies of this Joint Resolution be sent to the Secretary of the United States Department of Agriculture, the Secretary of the United States Department of Labor, and to each member of Colorado's delegation to the United States Congress.

_________

HJR99-1054 by Representative Tupa; also Senator Feeley--Concerning the general Assembly's commitment and support of local control and home rule.

WHEREAS, There are nearly 2,000 units of local government in Colorado ranging from special districts to school districts to municipalities to counties; and

WHEREAS, These political subdivisions are governed by hundreds of elected officials, many of whom serve with little or no compensation, and who simply wish to volunteer their time and energy because of a strong desire to make their local communities better places to live; and

WHEREAS, As a matter of public policy, the state has delegated large responsibilities to these men and women to carry out certain statutory duties, often with great flexibility to recognize that one size does not fit all; and

WHEREAS, The state constitution speaks to the right of local self­determination through such provisions as those establishing municipal and county home rule; and

WHEREAS, Two out of three of our state's citizens live in a city or town that is governed by a home rule charter; and

WHEREAS, These charters, representing 76 very diverse communities in our state, have been written by local citizens and approved by voters locally, thereby exercising the purest form of local control; and

WHEREAS, The Colorado Supreme Court has upheld the principle of home rule numerous times since its inception nearly 100 years ago; and

WHEREAS, As this century comes to a close, we as a General Assembly need to recognize the great diversity embodied by local government and the work that local officials do in partnership with the General Assembly at the state level; and

WHEREAS, Many of the members of this General Assembly have previously served with distinction as local elected officials; and

WHEREAS, The General Assembly considers many bills that enhance, but with increasing frequency, restrict local control; and

WHEREAS, Since the state has historically viewed many of the mandates and restrictions imposed by the Congress and federal government on state government as onerous, burdensome, and costly, it should be cognizant of the fact that local governing bodies could view many of the regulations or requirements imposed by the state on them in the same way; and

WHEREAS, The principle that "the government that governs the least governs the best" is particularly applicable where local issues are involved; now, therefore,

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

That we, the members of the Colorado General Assembly, renew our commitment and support of local control and home rule and honor the contributions that the exercise of these principles have made to the health and welfare of Colorado and its citizens.

Be It Further Resolved, That the General Assembly should act with restraint in enacting laws on matters that could otherwise be addressed by the elected officials of local governments except in those circumstances where such legislation is appropriate, necessary, and, indeed, is better addressed by state law.

Be it Further Resolved, That a copy of this Resolution be transmitted to those organizations working on behalf of local government interests so that this Resolution may be distributed appropriately.

_________

HJR99-1055 by Representative McElhany; also Senator Arnold--Concerning congressional consideration of legislation to eliminate the federal marriage tax penalty.

WHEREAS, The Congressional Budget Office estimates that the federal income tax system imposes a marriage tax penalty on twenty­three million Americans; and

WHEREAS, The marriage tax penalty discourages hard work by penalizing dual­income married couples more than any other individuals; and

WHEREAS, Under the federal income tax system, married individuals have smaller standard deductions, earlier loss of itemized deductions and personal exemptions, a smaller capital loss deduction, and a double loss of IRA deductions when compared to single individuals; and

WHEREAS, The marriage tax penalty has a severe impact on the working poor; and

WHEREAS, It is unfair and inappropriate for the federal government to impose an additional income tax penalty on married individuals; and

WHEREAS, Several bills to eliminate the federal marriage tax penalty are presently pending before the United States Congress; and

WHEREAS, The elimination of the federal marriage tax penalty is an important step in creating a fairer and simpler federal income tax system; now, therefore,

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

That we, the members of the General Assembly, urge the United States Congress to enact legislation eliminating the federal marriage tax penalty.

Be It Further Resolved, That copies of this Joint Resolution be sent to each member of the Colorado congressional delegation and to Charles O. Rossotti, Commissioner of the Internal Revenue Service.

_______________

INTRODUCTION OF MEMORIAL

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

HM99-1003 by Representative Paschall--Memorializing former representative August J. "Mick" Spano.

WHEREAS, By the Will of Divine Providence, our beloved former member, the Honorable August J. "Mick" Spano, departed this life March 28, 1999, at the age of seventy­seven; and

WHEREAS, Representative Spano was born August 4, 1921, in Denver, Colorado; and

WHEREAS, In 1942, Representative Spano earned a Bachelor of Science degree in electrical engineering from the University of Colorado, Boulder, where he was a member of the Sigma Tau honorary engineering society; and

WHEREAS, After undergoing intensive radar training at Harvard University and the Massachusetts Institute of Technology, Representative Spano served his country as a Lieutenant, Senior Grade, in the United States Navy; and

WHEREAS, Representative Spano received two Pacific medals for his naval service in the Pacific Theater during World War II; and

WHEREAS, Representative Spano worked for the United States Bureau of Standards and as a field engineer for Hewlett Packard and managed real estate and investments; and

WHEREAS, Representative Spano was a member of the American Institute of Electrical and Electronic Engineers, the Arvada Chamber of Commerce, and the Elks; and

WHEREAS, Representative Spano served well and faithfully in the Colorado House of Representatives from 1973 to 1982 and on the Board of the Regional Transportation District from 1984 to 1986; and

WHEREAS, Representative Spano served on the Health, Environment, Welfare, and Institutions Committee, and also served as chair of the State Affairs Committee, vice­chair of the Agriculture, Livestock, and Natural Resources Committee, and vice­chair of an interim education committee; and

WHEREAS, Representative Spano sponsored and cosponsored legislation on topics such as the severance tax, air pollution, water conservation, control of predatory animals, education, disabled children and adults, and motor vehicles; and

WHEREAS, It is fitting that we, the members of the House of Representatives of the Sixty­second General Assembly, pay tribute to the years of dedicated public service of Representative Spano and express our deep regret and sorrow occasioned by his death; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­second General Assembly of the State of Colorado:

That, in the death of August J. "Mick" Spano, the people of the State of Colorado have lost an outstanding citizen and public servant and that we, the members of the House of Representatives of the Sixty­second General Assembly, do hereby extend our deep and heartfelt sympathy to the members of his family and pay tribute to a man who served his state well and faithfully.

Be It Further Resolved, That copies of this Memorial be sent to Representative Spano's wife, Marguerite Spano, and his four sons, August Spano, Jr., Art Spano, Chris Spano, and Andy Spano.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Spradley, the following items on the Calendar were laid over until April 16, retaining place on Calendar:

Consideration of Memorials--HM99-1001, 1002.

Consideration of Senate Amendments--HB99-1234, 1108.

_______________

On motion of Representative Spradley, the House adjourned until 9:00 a.m., April 16, 1999.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk