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

Eighty-third Legislative Day Monday, March 29, 1999

Prayer by Colonel Robert E. Mossey, U.S. Air Force, Retired.

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

The roll was called with the following result:

Present--64.

Absent and excused--Representative Grossman--1.

The Speaker declared a quorum present.

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On motion of Representative Plant, the reading of the journal of March 26, 1999, was dispensed with and approved as corrected by the Chief Clerk.

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CONSIDERATION OF RESOLUTIONS

HJR99-1017 by Representatives Sinclair, Alexander, Allen, Bacon, Berry, Chavez, Clarke, Dean, Decker, Fairbank, Gagliardi, George, Gordon, Gotlieb, Hagedorn, Hoppe, Keller, Kester, Larson, Lawrence, Lee, Mace, May, McElhany, McPherson, Miller, Morrison, Nunez, Paschall, Plant, Saliman, Scott, Smith, Spence, Stengel, Swenson, Takis, Tapia, Taylor, Tochtrop, Tool, Tupa, Veiga, Vigil, Webster, S. Williams, T. Williams, Windels, Witwer, Young, and Zimmerman; also Senator Dyer--Concerning the recognition of Military Appreciation Day.

(Printed and placed in member's files; also printed in House Journal, March 25, pages 948-949.)

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

Co-sponsors added: Roll call of the House.

HJR99-1014 by Representatives Stengel, Dean, George, Fairbank, Gagliardi, Gotlieb, Hagedorn, Kester, Lee, May, McKay, Miller, Nunez, Pfiffner, Sinclair, Spence, Swenson, Taylor, Tochtrop, Webster, T. Williams, Young; also Senator Blickensderfer--Concerning the recognition of the 100th anniversary of the Veterans of Foreign Wars.

(Printed and placed in member's files; also printed in House Journal, March 17, pages 810-812.)

On motion of Representative Stengel, 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.

SB99-014 by Senators Lamborn, Powers, Chlouber; also Representatives McElhany, Pfiffner, Larson--Concerning a prohibition on local governments enacting certain local labor laws.

The question being "Shall the bill pass?".

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

YES 41 NO 23 EXCUSED 1 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 E

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 Y

Plant N

Ragsdale N

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia N

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 Hoppe, King, Lee, May, McKay, Nuñez, Paschall, Sinclair, Spence, Young.

HB99-1326 by Representatives McElhany, Pfiffner, Dean, George, Smith, Williams T.; also Senators Owen, Blickensderfer, Chlouber, Powers, Wattenberg--Concerning the acquisition of property by local governments through urban renewal.

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 61 NO 3 EXCUSED 1 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 N

Gotlieb Y

Grossman E

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 N

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

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 Chavez, Fairbank, Lee, Leyba, May, McKay, Paschall, Spradley, Veiga.

HB99-1330 by Representative Mitchell; also Senator Pascoe--Concerning the recommendations of the legislative council relating to approval of air quality control commission revisions to the air quality state implementation plan.

The question being "Shall the bill pass?".

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

YES 64 NO 0 EXCUSED 1 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 EHagedorn 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 Dean, Decker, Scott, Spradley, Mr. Speaker.

SB99-090 by Senators Anderson, Arnold, Dyer, Hernandez, Reeves; also Representatives Kaufman, Alexander, Miller--Concerning benefits of the public employees' retirement association, and, in connection therewith, authorizing affiliated employers to obtain health care coverage for employees, increasing the amount of matching employer contributions paid by the association, and providing matching employer contributions to tax-deferred retirement programs.

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 47 NO 17 EXCUSED 1 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 N

Gotlieb Y

Grossman E

Hagedorn N


Hefley Y

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 N


Miller Y

Mitchell Y

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair N

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. Y

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Bacon, Clarke, Coleman, Gagliardi, Keller, Mace, Ragsdale, Saliman, Tochtrop, Tupa, Zimmerman.

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On motion of Representative Dean, HB99-1164, 1165, 1278, 1287 shall be made Special Orders on Monday, March 29, 1999, at 11:25 a.m.

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The hour of 11:25 a.m., having arrived, on motion of Representative Decker, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman.

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SPECIAL ORDERS--SECOND READING OF BILLS

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

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

HB99-1164 by Representative Dean; also Senator Lacy--Concerning the creation of incentives to prevent receipt by inmates of illegal payments under public programs.

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

HB99-1165 by Representative Kaufman--Concerning the unlawful use of tax-exempt fuel.

Amendment No. 1, Finance Report, dated February 18, 1999, and placed in member's bill file; Report also printed in House Journal, February 19, pages 520-521.

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

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

On motion of Representative Dean, the remainder of the Special Orders Calendar (HB99-1278, 1287) was laid over until March 30, retaining place on Calendar.

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ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1164, 1165 amended.

Laid over until date indicated retaining place on Calendar: HB99-1278, 1287--March 30, 1999.

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

YES 64 NO 0 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp YClarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman E

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

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PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed: HB99-1352.

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1295; SB99-028, 063, 069.

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MESSAGES FROM THE SENATE

Mr. Speaker:

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

HB99-1160, the President appointed Senators Hillman, Chm., Evans, and Dyer as members of the First Conference Committee on the part of the Senate.

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

HB99-1274, the President appointed Senators Andrews, Chm., Congrove, and Matsunaka as members of the First Conference Committee on the part of the Senate.

_________

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

SB99-215, amended as printed in Senate Journal, March 26, pages 582­585 and 586-592, and on Third Reading as printed in Senate Journal, March 29;

SB99-216, amended as printed in Senate Journal, March 26, page 585.

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MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB99-215 and 216. ______________

INTRODUCTION OF BILLS

First Reading

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

SB99-215 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman-Concerning the provision for payment of the expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 1999, except as otherwise noted.

Committee on Appropriations

SB99-216 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman-Concerning an increase in the transfer of moneys from the general fund to the capital construction fund.

Committee on Appropriations

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INTRODUCTION OF RESOLUTION

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

HJR99-1022 by Representative McPherson; also Senator Blickensderfer--Concerning the modification of the date of Scottish Tartan Day.

WHEREAS, House Joint Resolution 96­1014 established Scottish Tartan Day as July 1, 1996, and every July 1 thereafter to honor the great traditions and heritage of Scotland and to pay tribute to the powerful symbol of the Tartan, that represents Scottish strength, perseverence, and reverence for family in Scottish history; and

WHEREAS, On April 6, 1320, Scotland's leading nobility and clergy gathered at the Abbey of Arbroath to place their signatures on a document drafted by the Bernard de Linton, the Abbot of Arbroath; and

WHEREAS, This Latin language declaration was addressed to Pope John XXII and called on the pontiff to officially recognize the independent Kingdom of Scotland under King Robert Bruce; and

WHEREAS, This event occurred six years after the decisive Scottish victory at the Battle of Bannockburn, that, at least temporarily, concluded the war waged against Scotland by the English King Edward I, known as "The Hammer of Scotland", and his son King Edward II; and

WHEREAS, The Declaration of Arbroath stands as a historical landmark in the struggle for the liberty of mankind; and

WHEREAS, April 6 has a special significance for all Americans, and especially those Americans of Scottish descent, because the Declaration of Arbroath, the Scottish Declaration of Independence, was signed on April 6, 1320, and the American Declaration of Independence was modeled on that inspirational document; and

WHEREAS, On March 20, 1998, the United States Senate unanimously designated April 6 of each year as "National Tartan Day"; 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 Colorado General Assembly hereby redesignates Scottish Tartan Day as April 6, 1999, and every April 6 thereafter.

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LAY OVER OF CALENDAR ITEMS

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

Consideration of General Orders--HB99-1129, SB99-161, 039, 022, 004.

Consideration of Conference Committee Reports--HB99-1061.

Consideration of Resolutions--HJR99-1016, SJR99-020, HJR99-1021.

Consideration of Senate Amendments--SB99-1172, 1228, 1229.

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On motion of Representative Dean, the House adjourned until 9:00 a.m., March 30, 1999.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk