HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY

STATE OF COLORADO

First Regular Session

Eighty-fifth Legislative Day Wednesday, March 31, 1999

Prayer by the Reverend Patty Lucas, Mile High Church, Denver.

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

The roll was called with the following result:

Present--64.

Absent and excused--Representative Alexander--1.

Present after roll call--Representative Alexander.

The Speaker declared a quorum present.

_______________

On motion of Representative Plant, the reading of the journal of March 30, 1999, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEE OF REFERENCE

APPROPRIATIONS

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

SB99-215 be referred to the Committee of the Whole with favorable recommendation.

SB99-216 be referred to the Committee of the Whole with favorable recommendation.

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on SB99-044

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99­044, concerning the distribution of vinous liquors at wine festivals pursuant to a wine festival permit, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 3, line 9, strike "SIX" and substitute "NINE" and strike "A" and substitute "THE".

Respectfully submitted,

Senate Committee: House Committee:

Ronald J. Teck Kay Alexander

Ken Chlouber Gayle Berry

Ed Perlmutter Carl Miller

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on SB99-123

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99-123, concerning the payment of insurance claims to third persons holding assignments from insureds, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 2, line 19, strike "IN THE EVENT THAT THE INSURER FAILS TO";

strike lines 20 through 22;

line 23, strike "PLUS INTEREST AND COURT COSTS.".

Respectfully submitted,

Senate Committee: House Committee:

Ronald J. Teck Donald Lee

Mark Hillman Bob Hagedorn

Doug Linkhart Andy McElhany

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1176; HJR99-1014, 1017.

______________

DELIVERY OF BILL TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bill has have been delivered to the Office of the Governor: HB99-1176 at 2:00 p.m. on March 30, 1999.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB99­1225.

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

HB99-1214, amended as printed in Senate Journal, March 29, page 604.

_________

The Senate voted to concur in House amendments to SB99-021, 043, 068, 074, 106,109, 141, 168, 170, and 174 and repassed the bills as amended.

The Senate has voted not to concur in House Amendments to SB99-011 and requests that a Conference Committee be appointed. The President appointed Senators Anderson, Chm., Dennis, and Matsunaka as members of the First Conference Committee on the part of the Senate. The bill is transmitted herewith.

The Senate has voted not to concur in House Amendments to SB99-025 and requests that a Conference Committee be appointed. The President appointed Senators Dennis, Chm., Hillman, and Reeves as members of the First Conference Committee on the part of the Senate. The Senate granted permission to members of the First Conference Committee on SB99-025 to consider matters not at issue between the two houses. The bill is transmitted herewith.

The Senate has voted not to concur in House Amendments to SB99-072 and requests that a Conference Committee be appointed. The President appointed Senators Tebedo, Chm., Lamborn, and Nichol as members of the First Conference Committee on the part of the Senate. The bill is transmitted herewith.

_________

The Senate has adopted and transmits herewith: SJR99-023.

The Senate has adopted and returns herewith: HJR99-1015.

The Senate voted to recede from its position on HB99-1033, and repassed the bill. The bill is returned herewith.

The Senate has adopted the First Report of the Second Conference Committee on HB99-1134, as printed in Senate Journal, March 29, pages 607-608, and repassed the bill as amended. The bill is returned herewith.

The Senate has adopted the First Report of the First Conference Committee on HB99-1269, as printed in Senate Journal, March 29, page 608, and repassed the bill as amended. The bill is returned herewith.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, HB99-1214.

______________

APPOINTMENTS TO CONFERENCE COMMITTEES

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

SB99-011--Representatives Kaufman, Chairman, Scott, Plant

SB99-072--Representatives Kaufman, Chairman, T.Williams, Tochtrop

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, Consideration of Special Orders (HB99-1278, 1287) was laid over until April 1, retaining place on Calendar.

_______________

Representative Dean moved to suspend House Rule 33A(a) for the purpose of allowing amendments to SB99-215 to be drafted during second reading on Wednesday, March 31, 1999. The motion was declared passed by the following roll call vote:

YES 63 NO 1 EXCUSED 0 ABSENT 1

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 N


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. ­

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

On motion of Representative Dean, SB99-215 shall be made Special Orders on Wednesday, March 31, 1999, at 9:25 a.m.

_______________

The hour of 9:25 a.m., having arrived, on motion of Representative Taylor, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman.

_______________

SPECIAL ORDERS--SECOND READING OF BILL

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

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

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.

Amendment No. 1, by Representatives Tupa, Clarke, Coleman, Mace, Plant, Vigil, Windels, S. Williams, and Zimmerman.

Amend reengrossed bill, page 260, line 9, in the ITEM & SUBTOTAL column, strike "2,643,899" and substitute "1,467,000" and, in the GENERAL FUND column, strike "1,176,899";

line 10, in the GENERAL FUND column, strike "(2.5 FTE)" and, in the CASH FUNDS EXEMPT column, insert "(2.5 FTE)".

Adjust affected totals accordingly.

Amendment No. 2, by Representative Spradley.

Amend reengrossed bill, page 112, line 13, in the ITEM & SUBTOTAL column, strike "453,383,372" and substitute "453,383,472" and, in the GENERAL FUND column, strike "199,078,096a" and substitute "199,078,196a".

Adjust affected totals accordingly.

Page 115, line 9, in the ITEM & SUBTOTAL column, strike "70,366,985" and substitute "70,366,885" and, in the GENERAL FUND column, strike "39,454,391a" and substitute "39,454,291a".

Adjust affected totals accordingly.

Amendment No. 3, by Representative Spradley.

Amend reengrossed bill, page 123, line 9, strike "Grants" and substitute "Grant" and, in the ITEM & SUBTOTAL column, strike "12,821,426";

line 10, strike "Program Administration74a" and substitute "Program" and, in the ITEM & SUBTOTAL column, strike "367,620" and substitute "13,189,046";

line 11, in the ITEM & SUBTOTAL column, strike "(10.0 FTE)" and substitute "(13.0 FTE)".

Amendment No. 4, by Representative McKay.

Amend reengrossed bill, page 141, line 1, in the GENERAL FUND column, strike "8,573,148" and substitute "8,838,860" and, in the FEDERAL FUNDS column, strike "124,990,271b" and substitute "124,724,559b ".

Adjust affected totals accordingly.

Page 149, line 4, in the ITEM & SUBTOTAL column, strike "3,889,853" and substitute "3,551,366", in the GENERAL FUND column, strike "1,506,097(M)" and substitute "1,240,385(M)", and, in the FEDERAL FUNDS column, strike "2,043,797e" and substitute "1,971,022b";

line 5, in the ITEM & SUBTOTAL column, strike "(50.0 FTE)" and substitute "(44.0 FTE)".

Adjust affected totals accordingly.

Page 149, line 12, strike "b This amount" and substitute "b These amounts";

strike line 15.

Amendment No. 5, by Representatives Mace, Bacon, Chavez, Coleman, Gagliardi, Gordon, Leyba, Miller, Plant, Ragsdale, Tapia, Tate, Tochtrop, Veiga, Vigil, and Windels.

Amend reengrossed bill, page 141, line 1, in the GENERAL FUND column, strike "8,573,148" and substitute "8,403,623" and, in the FEDERAL FUNDS column, strike "124,990,271b" and substitute "125,159,796b".

Adjust affected totals accordingly.

Page 145, line 9, in the ITEM & SUBTOTAL column, strike "11,820,408" and substitute "11,989,933" and, in the GENERAL FUND column, strike "664,868(M)" and substitute "834,393(M)".

Adjust affected totals accordingly.

Amendment No. 6, by Representatives Keller, Alexander, Gotlieb, Hefley, and Morrison.

Amend reengrossed bill, page 141, line 1, in the GENERAL FUND column, strike "8,573,148" and substitute "7,198,148" and, in the FEDERAL FUNDS column, strike "124,990,271b" and substitute "126,365,271b".

Adjust affected totals accordingly.

Page 147, line 14, in the ITEM & SUBTOTAL column, strike "1,819,528" and substitute "3,194,528" and, in the GENERAL FUND column, insert "1,375,000".

Adjust affected totals accordingly.

Amendment No. 7, by Representatives Larson and Witwer.

Amend reengrossed bill, page 151, after line 7, insert the following:

CASH ITEM & FUNDS

SUBTOTAL EXEMPT

$ $

"(8) Family Development

Centers93a 960,000 960,000h".

Adjust affected totals accordingly.

Page 152, after line 1, insert the following:

"h This amount shall be from reserves in the Family Issues Cash Fund pursuant to Section 26-5.3-106 (1.5), Colorado Revised Statutes.".

Page 178, after line 10, insert the following:

"93a Department of Human Services, Children, Youth and Families, Special Purpose Welfare Programs, Family Development Centers -- It is the intent of the General Assembly that prior to receiving any funding through this line item, each Family Development Center should make efforts to access any other funds available for its operations. Such other funding sources shall include, but not be limited to, federal Temporary Assistance to Needy Families Block Grant funds provided to counties for the administration of the Colorado Works Program.".

Amendment No. 8, by Representatives Leyba and Alexander.

Amend reengrossed bill, page 641, after line 6, insert the following:

"SECTION 14.  Appropriation from funds remaining in the statewide instant background check cash fund. (1) The general assembly hereby finds and declares that:

(a) The statewide instant criminal background check system for handguns established by article 26.5 of title 12, Colorado Revised Statutes, was repealed in accordance with section 12­26.5­109 due to the implementation of the federal national instant criminal background check system;

(b) The statewide instant background check cash fund created by section 12­26.5­107, Colorado Revised Statutes, will contain moneys that will not be needed because of the repeal of the statewide instant criminal background check system; and

(c) It is the function of the general assembly to determine how moneys remaining in the statewide instant background check cash fund should be expended; and, therefore,

(d) Subsection (2) of this section is enacted in order to designate how moneys in the statewide instant background check cash fund shall be expended.

(2) In addition to any other appropriation made for the fiscal year beginning July 1, 1999, there is hereby appropriated to the department of human services, health and rehabilitation services, division of vocational rehabilitation, independent living grants, the sum of three hundred thousand dollars ($300,000). Said sum shall come from moneys remaining in the statewide instant background check cash fund created in section 12­26.5­107, Colorado Revised Statutes, that are no longer needed because of the repeal of the statewide instant criminal background check system.".

Renumber succeeding section accordingly.

Amendment No. 9, by Representatives Tool and Smith.

Amend reengrossed bill, page 166, line 1 strike "Domiciliary" and substitute "Domiciliary122".

Page 187, after line 4, insert the following:

"122 Department of Human Services, Direct Services, Homelake Domiciliary -- It is the intent of the General Assembly that the Homelake Domiciliary not require additional General Fund dollars. The Department is requested to prepare an annual plan outlining potential General Fund reductions and the impact on client fees and submit the plan to the Joint Budget Committee by November 1 of each year.".

Amendment No. 10, by Representative Kaufman.

Amend reengrossed bill, page 197, line 4, in the ITEM & SUBTOTAL column, strike "67,161,626" and substitute "67,481,538" and, in the GENERAL FUND column, strike "67,161,626" and substitute "67,481,538";

line 5, in the GENERAL FUND column, strike "(1,439.1 FTE)" and substitute "(1,445.1 FTE)";

line 6, in the ITEM & SUBTOTAL column, strike "5,280,486" and substitute "5,293,586" and, in the GENERAL FUND column, strike "3,553,750" and substitute "3,566,850";

line 7, in the ITEM & SUBTOTAL column, strike "426" and substitute "163,600" and, in the GENERAL FUND column, strike "426" and substitute "163,600".

Adjust affected totals accordingly.

Page 202, line 12, in the ITEM & SUBTOTAL column, strike "19,712,953" and substitute "19,763,961" and, in the GENERAL FUND column, strike "19,712,953" and substitute "19,763,961";

line 13, in the GENERAL FUND column, strike "(320.0 FTE)" and substitute "(321.4 FTE)".

Page 203, line 3, in the ITEM & SUBTOTAL column, strike "1,161,411" and substitute "1,164,879" and, in the GENERAL FUND column, strike "1,148,661" and substitute "1,152,129";

line 4, in the ITEM & SUBTOTAL column, strike "37,525" and substitute "43,904" and, in the GENERAL FUND column, strike "37,525" and substitute "43,904".

Adjust affected totals accordingly.

Amendment No. 11, by Representatives Grossman, Bacon, Coleman, Gordon, Plant, Ragsdale, Tate, Tupa, Veiga, and Zimmerman.

Amend reengrossed bill, page 234, line 13, strike "Act" and substitute "Act156a", in the ITEM & SUBTOTAL column, strike "632,887" and substitute "911,143" and, in the GENERAL FUND column, strike "556,511" and substitute "834,767";

line 15, in the ITEM & SUBTOTAL column, strike "(9.9 FTE)" and substitute "(14.3 FTE)".

Page 235, line 4, in the ITEM & SUBTOTAL column, strike "811,615" and substitute "1,217,423" and, in the GENERAL FUND column, strike "811,615" and substitute "1,217,423".

Adjust affected totals accordingly.

Page 240, after line 14, insert the following:

"156a Department of Law, Special Purpose, Comprehensive Environmental Response, Compensation and Liability Act -- The Department is requested to submit a report analyzing the progress made in cleaning up Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) sites in Colorado under existing federal law. Such report should detail the successes and failures of the current federal CERCLA program in achieving timely and effective cleanup of CERCLA sites in Colorado.".

Amendment No. 12, by Representatives Paschall, Fairbank, Hefley, King, and Larson.

Amend reengrossed bill, page 155, line 13, in the ITEM & SUBTOTAL column, strike "11,607,049" and substitute "10,767,049" and, in the GENERAL FUND column, strike "11,607,049" and substitute "10,767,049".

Adjust affected totals accordingly.

Page 274, after line 7, insert the following:

ITEM & GENERAL

SUBTOTAL FUND

$ $

"Challenge Program170a 840,000 840,000".

Adjust affected totals accordingly.

Page 277, after line 10, insert the following:

"170a Department of Military Affairs, Executive Director and Army National Guard, Challenge Program -- It is the intent of the General Assembly that if the Challenge Program receives any grant funds, a like amount of the General appropriation for this line shall be transferred to the Department of Human Services, Division of Youth Corrections, S.B. 91-94 Programs.".

Amendment No. 13, by Representative Lawrence.

Amend reengrossed bill, page 290, line 7, in the ITEM & SUBTOTAL column, strike "1,498,428" and substitute "1,717,754", in the CASH FUNDS column, strike "749,214a" and substitute "858,877a", and, in the CASH FUNDS EXEMPT column, strike "749,214b" and substitute "858,877b";

line 8, in the ITEM & SUBTOTAL column, strike "(29.0 FTE)" and substitute "(34.0 FTE)";

line 9, in the ITEM & SUBTOTAL column, strike "79,598" and substitute "112,418", in the CASH FUNDS column, strike "39,799a" and substitute "56,209a", and, in the CASH FUNDS EXEMPT column, strike "39,799b" and substitute "56,209b".

Adjust affected totals accordingly.

Amendment No. 14, by Representatives Tool, Berry, and Saliman.

Amend reengrossed bill, page 302, line 3, in the ITEM & SUBTOTAL column, strike "4,610,191" and substitute "4,310,191".

Page 303, line 5, in the ITEM & SUBTOTAL column, strike "22,022,251" and substitute "21,722,251" and, in the CASH FUNDS column, strike "18,306,137a" and substitute "18,006,137a";

line 7, strike "$18,304,463" and substitute "$18,004,463".

Adjust affected totals accordingly.

Amendment No. 15, by Representatives Tool, Berry, and Saliman.

Amend reengrossed bill, page 308, line 4, in the ITEM & SUBTOTAL column, strike "149,437" and substitute "122,437" and, in the GENERAL FUND column, strike "40,652" and substitute "13,652".

Adjust affected totals accordingly.

Amendment No. 16, by Representatives Tool, Berry, and Saliman.

Amend reengrossed bill, page 308, strike line 6.

Adjust affected totals accordingly.

Under House Rule 33A(b) Representative Larson requested permission to offer the following second reading amendment to SB99-215. A majority voted in the affirmative, and permission was granted.

Amendment No. 17, by Representative Larson.

Amend reengrossed bill, page 119, line 3, in the ITEM & SUBTOTAL column, strike "1,125,220" and substitute "625,220" and, in the CASH FUNDS EXEMPT column, strike "1,125,220(T)a" and substitute "625,220(T)a".

Adjust affected totals and (T) notation totals accordingly.

Page 263, line 14, in the ITEM & SUBTOTAL column, strike "1,125,220" and substitute "625,220";

line 15, in the ITEM & SUBTOTAL column, strike "4,258,620" and substitute "3,758,620" and, in the GENERAL FUND column, strike "4,258,620" and substitute "3,758,620".

Adjust affected totals accordingly.

Page 356, line 3, in the ITEM & SUBTOTAL column, strike "962,154" and substitute "1,031,073" and, in the GENERAL FUND column, strike "763,901(M)" and substitute "832,820(M)";

line 7, in the ITEM & SUBTOTAL column, strike "239,032" and substitute "260,597" and, in the GENERAL FUND column, strike "239,032" and substitute "260,597";

line 12, in the ITEM & SUBTOTAL column, strike "4,539,132" and substitute "4,948,648" and, in the GENERAL FUND column, strike "4,539,132" and substitute "4,948,648".

Adjust affected totals accordingly.

Amendment No. 18, by Representative Dean.

Amend reengrossed bill, page 379, line 9, strike "Services219, 220" and substitute "Services - Public Agencies219, 220", in the ITEM & SUBTOTAL column, strike "3,285,061" and substitute "2,019,547", in the GENERAL FUND column, strike "1,191,983" and substitute "742,153", and, in the FEDERAL FUNDS column, strike "2,027,022" and substitute "1,211,338";

after line 9, insert the following:

"Purchase of Services - Private Agencies219, 220", in the ITEM & SUBTOTAL column, insert "1,265,514", in the GENERAL FUND column, insert "449,830", and, in the FEDERAL FUNDS column, insert "815,684".

Adjust affected totals accordingly.

Page 397, line 7, strike "Services --" and substitute "Services - Public Agencies; and Purchase of Services - Private Agencies --";

line 13, strike "Services --" and substitute "Services - Public Agencies; and Purchase of Services - Private Agencies --".

Amendment No. 19, by Representative Taylor.

Amend reengrossed bill, page 455, line 11, in the ITEM & SUBTOTAL column, strike "1,942,635" and substitute "2,146,786";

line 12, in the ITEM & SUBTOTAL column, strike "(28.1 FTE)" and substitute "(32.0 FTE)";

line 15, in the TOTAL column, strike "2,668,635" and substitute "2,872,786" and, in the GENERAL FUND column, strike "1,942,635" and substitute "2,146,786".

Adjust affected totals accordingly.

Amendment No. 20, by Representatives Veiga and Leyba.

Amend reengrossed bill, page 461, line 5, in the ITEM & SUBTOTAL column, strike "2,607,552" and substitute "2,567,552";

line 6, in the ITEM & SUBTOTAL column, strike "(70.0 FTE)" and substitute "(69.0 FTE)".

Page 462, line 12, in the TOTAL column, strike "3,991,490" and substitute "3,951,490" and, in the CASH FUNDS column, strike "3,991,490b" and substitute "3,951,490b".

Adjust affected totals accordingly.

Amendment No. 21, by Representatives Tool, Berry, and Saliman.

Amend reengrossed bill, page 473, line 4, strike "OPERATIONS251a" and substitute "OPERATIONS".

Page 475, strike line 17.

Page 476, strike lines 1 and 2.

Amendment No. 22, by Representatives Tool, Berry, and Saliman.

Amend reengrossed bill, page 477, line 5, in the ITEM & SUBTOTAL column, strike "867,913" and substitute "947,408";

line 6, in the ITEM & SUBTOTAL column, strike "(15.0 FTE)" and substitute "(16.0 FTE)".

Page 478, line 7, in the TOTAL column, strike "1,153,810" and substitute "1,233,305" and, in the GENERAL FUND column, strike "1,153,810" and substitute "1,233,305".

Adjust affected totals accordingly.

Amendment No. 23, by Representative Young.

Amend reengrossed bill, page 483, line 12, strike "OPERATING BUDGETS" and substitute "OPERATING BUDGETS255a".

Page 483, after line 16, insert the following:

"FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2.

255a Grand Totals, Operating Budgets -- It is the intent of the General Assembly that no state funds shall be used for the purposes of regulating carbon dioxide or otherwise enforcing the provisions of the United Nations Framework Convention on Climate Change (otherwise known as the Kyoto Treaty) until such time as the treaty is ratified by the United States Senate.".

Under House Rule 33A(b) Representative Lawrence requested permission to offer the following second reading amendment to SB99-215. A majority voted in the affirmative, and permission was granted.

Amendment No. 24, by Representatives Lawrence and Smith.

Amend reengrossed bill, page 556, line 5, strike "WILDLIFE" and substitute "WILDLIFE3a";

strike line 9.

Adjust affected totals accordingly.

Page 570, after line 5, insert the following:

"3a Capital Construction, Department of Natural Resources, Division of Wildlife -- It is the intent of the General Assembly that for FY 1999-00, the Division will be required to submit all requests for land acquisitions as supplemental capital construction requests pursuant to Section 24-75-111, C.R.S.".

Amendment No. 25, by Representative Young.

Amend reengrossed bill, page 557, after line 15, insert the following:

CASH

ITEM & FUNDS

SUBTOTAL EXEMPT

$ $

"Lower Arkansas River

Commission Implementation

Plan4 5,000,000 5,000,000a".

Adjust affected totals accordingly.

Page 570, after line 5, insert the following:

"4 Capital Construction, Department of Natural Resources, Division of Wildlife, Capital Construction and Controlled Maintenance Projects, Lower Arkansas River Commission Implementation Plan -- It is the Intent of the General Assembly that these funds be used to protect and enhance fish and wildlife resources at the Great Plains Reservoir pursuant to Section 33-1-101 (3.5) (a), C.R.S. The provisions of Section 3 (1)(a) of this act notwithstanding, it is the intent of the General Assembly that the $5,000,000 appropriation made under the Lower Arkansas River Commission Implementation Plan line item remain available only until June 30, 2000. At the end of this time period, any unexpended funds shall revert to the Wildlife Cash Fund from which they were appropriated.".

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

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

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative Tochtrop moved to amend the Report of the Committee of the Whole to show that the following Tochtrop, Bacon, Clarke, Gagliardi, Hagedorn, Keller, Leyba, Mace, Plant, Ragsdale, Takis, Tapia, Tate, Tupa, Veiga, Vigil, S. Williams, and Windels amendment (J.116) to SB99­215, did pass, and that SB 99­215, as amended, did pass.

Amend reengrossed bill, page 85, line 7, in the ITEM & SUBTOTAL column, strike "326,024" and substitute "340,424", in the GENERAL FUND column, strike "130,541(M)" and substitute "137,741(M)", and, in the FEDERAL FUNDS column, strike "163,012" and substitute "170,212".

Adjust affected totals accordingly.

Page 90, line 4, strike "$14,656.98" and substitute "$14,695.68" and, in the ITEM & SUBTOTAL column, strike "511,323,440" and substitute "512,673,386";

line 8, strike "$9,090.46" and substitute "$9,098.96" and, in the ITEM & SUBTOTAL column, strike "47,152,193" and substitute "47,196,299".

Page 91, line 6, strike "$6,969.79" and substitute "$6,973.19" and, in the ITEM & SUBTOTAL column, strike "371,022,936" and substitute "371,204,084".

Page 93, line 9, in the TOTAL column, strike "1,225,974,331" and substitute "1,227,549,531", in the GENERAL FUND column, strike "608,068,020(M)" and substitute "608,854,045(M)", and, in the FEDERAL FUNDS column, strike "608,053,178" and substitute "608,842,353".

Adjust affected totals accordingly.

Page 133, line 8, in the ITEM & SUBTOTAL column, strike "1,783,576" and substitute "1,797,976".

Page 134, line 9, in the TOTAL column, strike "32,596,663" and substitute "32,611,063 and, in the CASH FUNDS EXEMPT column, strike "4,191,926c" and substitute "4,206,326c".

Adjust affected totals accordingly.

Page 135, line 1, strike "$2,185,380(T)" and substitute "$2,199,780(T)".

Adjust affected (T) notation totals accordingly.

Page 138, line 9, in the ITEM & SUBTOTAL column, strike "48,807,008" and substitute "48,889,088" and, in the CASH FUNDS column, strike "48,236,162a" and substitute "48,318,242a";

line 15, strike "$62.91" and substitute "$63.84", in the ITEM & SUBTOTAL column, strike "3,099,845" and substitute "3,145,605", in the GENERAL FUND column, strike "2,313,228" and substitute "2,349,836", and, in the CASH FUNDS EXEMPT column, strike "786,617c" and substitute "795,769c".

Adjust affected totals accordingly.

Page 140, line 9, strike "$578,307(L)" and substitute "$587,459(L)".

Adjust affected (L) notation totals accordingly.

Page 141, line 1, in the GENERAL FUND column, strike "8,573,148" and substitute "7,743,315" and, in the FEDERAL FUNDS column, strike "124,990,271b" and substitute "125,820,104b".

Adjust affected totals accordingly.

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

YES 39 NO 23 EXCUSED 3 ABSENT 0

Alexander Y

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb E

Grossman Y

Hagedorn Y


Hefley Y

Hoppe N

Johnson Y

Kaufman N

Keller Y

Kester Y

King N

Larson Y

Lawrence N

Lee N

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson N


Miller Y

Mitchell N

Morrison E

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman E

Scott N

Sinclair Y

Smith N

Spence N

Spradley N

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool N

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker N



Representative Dean moved to amend the Report of the Committee of the Whole to show that the following Dean amendment (J.078) to SB99­215, did pass, and that SB99­215, as amended, did pass.

Amend reengrossed bill, page 121, strike lines 12 and 13.

Adjust affected totals accordingly.

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

YES 36 NO 26 EXCUSED 3 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry N

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb E

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller N

Kester N

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace N

May Y

McElhany Y

McKay Y

McPherson Y


Miller N

Mitchell Y

Morrison E

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman E

Scott Y

Sinclair N

Smith Y

Spence Y

Spradley N

Stengel Y

Swenson Y


Takis N

Tapia N

Tate Y

Taylor Y

Tochtrop N

Tool N

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


Representative Leyba moved to amend the Report of the Committee of the Whole to show that the following McKay amendment (J.051) to SB99­215, did not pass, and that SB99­215, as amended, did pass.

Amend reengrossed bill, page 141, line 1, in the GENERAL FUND column, strike "8,573,148" and substitute "8,838,860" and, in the FEDERAL FUNDS column, strike "124,990,271b" and substitute "124,724,559b ".

Adjust affected totals accordingly.

Page 149, line 4, in the ITEM & SUBTOTAL column, strike "3,889,853" and substitute "3,551,366", in the GENERAL FUND column, strike "1,506,097(M)" and substitute "1,240,385(M)", and, in the FEDERAL FUNDS column, strike "2,043,797e" and substitute "1,971,022b";

line 5, in the ITEM & SUBTOTAL column, strike "(50.0 FTE)" and substitute "(44.0 FTE)".

Adjust affected totals accordingly.

Page 149, line 12, strike "b This amount" and substitute "b These amounts";

strike line 15.

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

YES 32 NO 30 EXCUSED 3 ABSENT 0

Alexander Y

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb E

Grossman Y

Hagedorn Y


Hefley N

Hoppe N

Johnson N

Kaufman Y

Keller Y

Kester Y

King N

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson N


Miller Y

Mitchell N

Morrison E

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman E

Scott N

Sinclair N

Smith N

Spence N

Spradley N

Stengel N

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool N

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams, S. Y

Williams, T. N

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker Y


Representative Plant moved to amend the Report of the Committee of the Whole to show that the following Plant, Coleman, Mace, Tupa, and S.Williams amendment (J.100) to SB99­215, did pass, and that SB99­215, as amended, did pass.

Amend reengrossed bill, page 317, line 4, strike "OFFICE40, 193, 194" and substitute "OFFICE40, 193, 194, 194a".

Page 344, after line 2, insert the following:

"194a Department of Personnel, Executive Director's Office ­­ The Department is requested to provide the Joint Budget Committee a comprehensive statewide study of the estimated annual cost by fund type to provide an ECO­Pass issued by the Regional Transportation District (RTD) to all eligible state employees. This report should be submitted by no later than October 1, 1999, and should include at a minimum a cost­benefit analysis for each department and recommended enabling statutory language, if necessary.".

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

YES 23 NO 39 EXCUSED 3 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean NDecker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb E

Grossman Y

Hagedorn N


Hefley N

Hoppe N

Johnson N

Kaufman N

Keller Y

Kester N

King N

Larson N

Lawrence N

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson N


Miller Y

Mitchell N

Morrison E

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman E

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 N

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams, S. Y

Williams, T. N

Windels Y

Witwer N

Young N

Zimmerman Y

Mr. Speaker N


Representative Vigil moved to amend the Report of the Committee of the Whole to show that the following Vigil amendment (J.079) to SB99­215, did pass, and that SB99­215, as amended, did pass.

Amend reengrossed bill, page 62, line 7, in the ITEM & SUBTOTAL column, strike "4,634,816" and substitute "4,681,926" and, in the GENERAL FUND column, strike "4,634,816" and substitute "4,681,926".

Adjust affected totals accordingly.

Page 141, line 1, in the GENERAL FUND column, strike "8,573,148" and substitute "8,526,038" and, in the FEDERAL FUNDS column, strike "124,990,271b" and substitute "125,037,381b".

Adjust affected totals accordingly.

Page 641, after line 6, insert the following:

"SECTION 14.  Appropriation from funds remaining in the statewide instant background check cash fund. (1) The general assembly hereby finds and declares that:

(a) The statewide instant criminal background check system for handguns established by article 26.5 of title 12, Colorado Revised Statutes, was repealed in accordance with section 12­26.5­109 due to the implementation of the federal national instant criminal background check system;

(b) The statewide instant background check cash fund created by section 12­26.5­107, Colorado Revised Statutes, will contain moneys that will not be needed because of the repeal of the statewide instant criminal background check system; and

(c) It is the function of the general assembly to determine how moneys remaining in the statewide instant background check cash fund should be expended; and, therefore,

(d) Subsection (2) of this section is enacted in order to designate how moneys in the statewide instant background check cash fund shall be expended.

(2) In addition to any other appropriation made for the fiscal year beginning July 1, 1999, there is hereby appropriated to the department of education, public school finance, student assessments, the sum of one hundred thousand dollars ($100,000). Said sum shall come from moneys

remaining in the statewide instant background check cash fund created in section 12­26.5­107, Colorado Revised Statutes, that are no longer needed because of the repeal of the statewide instant criminal background check system.".

Renumber succeeding section accordingly.

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

YES 29 NO 33 EXCUSED 3 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb E

Grossman Y

Hagedorn Y


Hefley N

Hoppe N

Johnson N

Kaufman Y

Keller Y

Kester Y

King Y

Larson N

Lawrence N

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson N


Miller Y

Mitchell N

Morrison E

Nuñez N

Paschall N

Pfiffner Y

Plant Y

Ragsdale Y

Saliman E

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 N

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams, S. N

Williams, T. N

Windels Y

Witwer N

Young Y

Zimmerman Y

Mr. Speaker Y


Representative Berry moved to amend the Report of the Committee of the Whole to show that the following Tool, Berry, and Saliman amendment (J.060) to SB99­215, did pass, and that SB99­215, as amended, did pass.

Amend reengrossed bill, page 541, strike line 8.

Adjust affected totals accordingly.

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

YES 38 NO 24 EXCUSED 3 ABSENT 0

Alexander N

Allen Y

Bacon Y

Berry Y

Chavez N

Clapp N

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb EGrossman Y

Hagedorn Y


Hefley N

Hoppe Y

Johnson Y

Kaufman Y

Keller N

Kester Y

King Y

Larson N

Lawrence N

Lee Y

Leyba N

Mace N

May Y

McElhany Y

McKay Y

McPherson Y


Miller N

Mitchell Y

Morrison E

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman E

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley N

Stengel Y

Swenson Y


Takis Y

Tapia N

Tate Y

Taylor N

Tochtrop N

Tool Y

Tupa Y

Veiga Y

Vigil N

Webster Y

Williams, S. N

Williams, T. Y

Windels N

Witwer N

Young Y

Zimmerman Y

Mr. Speaker Y


Representatives Clapp, Spradley, and Hefley moved to amend the Report of the Committee of the Whole to show that the following Veiga and Leyba amendment (J.114) to SB99­215, did not pass, and that SB99­215, as amended, did pass.

Amend reengrossed bill, page 461, line 5, in the ITEM & SUBTOTAL column, strike "2,607,552" and substitute "2,567,552";

line 6, in the ITEM & SUBTOTAL column, strike "(70.0 FTE)" and substitute "(69.0 FTE)".

Page 462, line 12, in the TOTAL column, strike "3,991,490" and substitute "3,951,490" and, in the CASH FUNDS column, strike "3,991,490b" and substitute "3,951,490b".

Adjust affected totals accordingly.

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

YES 38 NO 24 EXCUSED 3 ABSENT 0

Alexander Y

Allen N

Bacon N

Berry Y

Chavez N

Clapp Y

Clarke Y

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi 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 E

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman E

Scott Y

Sinclair Y

Smith Y

Spence N

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia N

Tate Y

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. N

Williams, T. N

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y


Representative Nuñez moved to amend the Report of the Committee of the Whole to show that the following Nuñez amendment (J.129) to SB99­215, did pass, and that SB99­215, as amended, did pass.

Amend reengrossed bill, page 483, line 12, strike "OPERATING BUDGETS" and substitute "OPERATING BUDGETS255a".

Page 483, after line 16, insert the following:

"FOOTNOTES ­­ The following statements are referenced to the numbered footnotes throughout section 2.

255a Grand Totals, Operating Budgets ­­ It is the intent of the General Assembly that $2,519,931 in General Fund appropriations for FY 1998­99 as a result of final court orders and federal mandates shall not be built into the base for calculating the allowable six percent increase in General Fund appropriations for FY 1999­00.".

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

YES 25 NO 37 EXCUSED 3 ABSENT 0

Alexander N

Allen N

Bacon N

Berry N

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb E

Grossman N

Hagedorn N


Hefley Y

Hoppe N

Johnson Y

Kaufman N

Keller N

Kester Y

King Y

Larson N

Lawrence N

Lee Y

Leyba N

Mace N

May Y

McElhany Y

McKay Y

McPherson N


Miller Y

Mitchell Y

Morrison E

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman E

Scott Y

Sinclair Y

Smith N

Spence Y

Spradley N

Stengel Y

Swenson N


Takis N

Tapia N

Tate N

Taylor N

Tochtrop N

Tool N

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. N

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker N

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: SB99-215 amended.

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

YES 56 NO 6 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 EGrossman 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 N

McPherson Y


Miller Y

Mitchell N

Morrison E

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman E

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 N

Young Y

Zimmerman Y

Mr. Speaker Y

______________

FIRST REPORT OF SECOND CONFERENCE COMMITTEE

on HB99-1134

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your second conference committee appointed on HB99­1134, concerning the funding of underground conversion of overhead public utilities, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 4, line 1, after "A", insert "DIRECT";

line 11, after "A", insert "DIRECT".

Respectfully submitted,

House Committee: Senate Committee:

Mark Larson Dave Wattenberg

Brad Young Norma Anderson

Bob Hagedorn Jim Dyer

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on HB99-1269

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99­1269, concerning the reduction of workers' compensation benefits in cases where a claimant makes a materially deceptive statement that willfully misleads an employer as part of the job application process concerning the physical ability of the claimant to perform the requirements of the job, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 2, line 3, strike "BENEFITS SHALL BE REDUCED WHERE" and substitute "WHERE";

line 4, after "EMPLOYEE'S", insert "PHYSICAL";

line 5, strike "SAFELY".

Respectfully submitted,

House Committee: Senate Committee:

Keith King Dave Owen

Abel Tapia Norma Anderson

Tambor Williams Jim Dyer

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1105, 1188, 1213, 1217, 1227, 1265, 1318, 1327; SB99-136.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

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

SB99-205, amended as printed in Senate Journal, March 30, pages 627­628;

HB99-1071, amended as printed in Senate Journal, March 24, page 568, and March 30, pages 626-627;

HB99-1097, amended as printed in Senate Journal, March 30, pages 625­626.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB99-205, HB99­1071, and 1097.

______________

MESSAGES FROM THE GOVERNOR

I certify I received the following on the 31st day of March, 1999, at 9:50 a.m. The original is on file in the records of the House of Representatives of the General Assembly.

Judith Rodrigue,

Chief Clerk of the House

March 30, 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:

HB99-1113 Concerning an Increase in the Funding for Charter Schools.

Approved March 30, 1999 at 3:39 p.m.

HB99-1209 Concerning the Financing of Public Schools, and Making Appropriations in Connection Therewith.

Approved March 30, 1999 at 3:40 p.m.

Sincerely,

(signed)

Bill Owens

Governor

_________

I certify I received the following on the 31st day of March, 1999, at 4:07 p.m. The original is on file in the records of the House of Representatives of the General Assembly.

Judith Rodrigue,

Chief Clerk of the House

March 31, 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:

HB99-1072 Concerning Immunity from Civil Liability for an Employer Who Provides Information About an Employee to Such Employee=s Prospective Employer.

Approved March 31, 1999 at 3:32 p.m.

HB99-1143 Concerning the Regulation of Health Care Coverage.

Approved March 31, 1999 at 11:04 a.m.

HB99-1191 Concerning the Inspection of Public Records

Approved March 31, 1999 at 3:13 p.m.

HB99-1215 Concerning the Sale of Alcohol Beverages by Common Carrier Public Transportation System Licensees.

Approved March 31, 1999 at 11:05 a.m.

HB99-1242 Concerning the Inspection of Public Records

Approved March 31, 1999 at 3:12 p.m.

HB99-1244 Concerning the Modification of the Time Period Used to Determine the Level of Value for Classes of Taxable Real Property When Comparable Valuation Data is Not Available for the One-and One-Half-Year Period Prior to July 1 Immediately Preceding Any Regular Biennial Property Tax Assessment Date.

Approved March 31, 1999 at 11:05 2 a.m.

HB99-1267 Concerning the Uranium Mill Tailings Remedial Action Program.

Approved March 31, 1999 at 11:06 a.m.

Sincerely,

(signed)

Bill Owens

Governor ______________

INTRODUCTION OF BILLS

First Reading

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

HB99-1353 by Representatives Gotlieb, Mitchell, George, Mace; also Senators Wham, Hernandez--Concerning programs for persons convicted of a crime in another state.

Committee on Judiciary

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, Nunez, 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.

Committee on Appropriations

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.

Committee on Agriculture, Livestock, & Natural Resources

HB99-1356 by Representative Smith; also Senator Blickensderfer--Concerning absentee voters, and, in connection therewith, establishing permanent absentee voter status.

Committee on Local Government

HB99-1357 by Representatives George, Gordon, Kaufman; also Senators Blickensderfer, Feeley, Linkhart--Concerning the creation of an individual development account program, and making an appropriation in connection therewith.

Committee on Finance

Committee on Appropriations

SB99-205 by Senator Teck; also Representative Clapp--Concerning limitations on the authority of a political subdivision to bring suit.

Committee on State, Veterans, & Military Affairs

______________

INTRODUCTION OF RESOLUTIONS

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

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.

Committee on Agriculture, Livestock & Natural Resources

WHEREAS, The mining industry is vital to the economy of Colorado, with direct and indirect contributions to the state's economy that exceed $7.7 billion annually; and

WHEREAS, Hardrock miners are the highest paid industrial workers in Colorado, earning average annual wages of approximately $60,000; and

WHEREAS, The producers of gold, silver, lead, zinc, molybdenum, gypsum, and other minerals located under the general mining laws provide a source of high paying jobs in rural areas of Colorado whose economies are highly dependent upon resource extraction; and

WHEREAS, Lower mineral commodity prices and other economic factors continue to challenge this industry making it important that state and local governments fashion regulatory programs that are cost effective and yet sufficient to regulate the environmental impacts of hardrock mining activities on public and private lands; and

WHEREAS, The "Federal Land Policy and Management Act of 1976" requires that mineral activities on federal lands protect the environment and prohibits any mining activity that would result in unnecessary and undue degradation of these areas; and

WHEREAS, The Bureau of Land Management within the United States Department of the Interior implements the mandate of federal law through regulations codified at 43 C.F.R. subpart 3809, and these laws and regulations are among the many laws that require mineral producers to protect air, water, cultural, historic, fish, wildlife, and other resources; and

WHEREAS, The division of minerals and geology in the Colorado department of natural resources, through a cooperative agreement with the Bureau of Land Management, is the lead agency responsible for regulating mining activity on both public and private lands; and

WHEREAS, Colorado effectively regulates mining operations pursuant to the "Colorado Mined Land Reclamation Act", part 1 of article 32 of title 34, Colorado Revised Statutes, that sets forth very comprehensive permitting, bonding, environmental management, monitoring, and reclamation requirements for hardrock mining activities on both public and private lands; and

WHEREAS, The Colorado General Assembly strengthened this law in 1993 requiring that mining operators using certain toxic chemicals in mineral extraction meet more stringent standards before receiving authorization to mine; and

WHEREAS, The United States Department of the Interior, through the Bureau of Land Management, has announced its intention to propose revisions to 43 C.F.R. subpart 3809, that would preempt, conflict with, and duplicate the very effective state program now in place, and replace it with a plenary federal program that may well lessen the environmental protections available under state law; and

WHEREAS, In 1998, the United States Congress enacted legislation directing the National Academy of Sciences to perform a study of the adequacy of state and federal laws governing hardrock mining on public lands and submit its findings and recommendations before the Department of the Interior's Bureau of Land Management may finalize changes to regulations under 43 C.F.R. subpart 3809; and

WHEREAS, Notwithstanding the express mandate of Congress, the Bureau of Land Management proposed revisions to the regulations promulgated under 43 C.F.R. subpart 3809, in February, 1999, before the National Academy of Sciences has concluded, much less submitted, its study and recommendations, and the Bureau of Land Management has failed to consider the National Academy of Sciences' findings or process in fashioning the various regulatory revisions currently awaiting public comment; and

WHEREAS, Any changes to the regulations promulgated under 43 C.F.R. subpart 3809 must be based upon sound science and compelling policy reasons, and must take into account the findings and recommendations of the National Academy of Sciences' study before the Bureau of Land Management submits its proposal for public comment, yet the comment period on the proposed rules is set to expire on May 10, 1999, before the National Academy of Sciences completes its study of existing laws; 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 calls upon the United States Department of the Interior and the Bureau of Land Management to withdraw the current proposal to amend the federal regulations, 43 C.F.R. subpart 3809 and published at 64 F.R. 6422 on February 9, 1999, governing hardrock mining activity.

2.  That the General Assembly calls upon the Bureau of Land Management to await completion of the study currently underway by the National Academy of Sciences of the adequacy of hardrock mining regulations, which must be completed prior to July 31, 1999, and that the Bureau of Land Management refrain from publishing any further changes to the existing rules before it has fully considered the results of the study.

3.  That the General Assembly calls upon the Bureau of Land Management, if it decides that further revisions to 43 C.F.R. subpart 3809 are necessary, to fully explain in the preamble to the new regulations how it fashioned its proposals in response to the anticipated findings and conclusions of the National Academy of Sciences' study and give the public at least 90 days to comment on the proposed changes.

4.  That the General Assembly opposes changes to 43 C.F.R. subpart 3809 that would preempt the existing Colorado regulatory program or that would duplicate permitting and other requirements.

5.  That the General Assembly calls upon the United States Department of the Interior to consider that the mining industry is one of the most heavily regulated industries in the United States and that unreasonable delays in obtaining permits are a significant disincentive to the location of new mines or expansion of existing mines in the United States.

6.  That the General Assembly opposes the concept developed as a result of 43 C.F.R. subpart 3809 of using the "Most Appropriate Technology and Practices" which allows the Bureau of Land Management to dictate what type of equipment and technologies are employed by mining operators. Using the "Most Appropriate Technology and Practices" would replace the existing regulatory scheme that requires mining operators meet performance standards, but allows the individual operators to decide how the individual operator will meet environmental standards.

7.  That the General Assembly specifically calls upon the Bureau of Land Management to consider the economic impact on mining and the communities dependent upon mining in Colorado and other states.

8.  That the Bureau of Land Management specifically consider the conclusions in the Fraser Report that found that Colorado and many other states were ranked low in investment attractiveness due, in part, to the burden that government regulation imposes on the industry. Colorado received a score of only 24 out of a possible 100 in the Fraser Report.

9.  That the General Assembly further calls upon the Congress of the United States to impose a moratorium on any appropriations for the continuation or completion of the current rulemaking until the Department of the Interior withdraws the current rulemaking and agrees to fully consider the findings and recommendations of the National Academy of Sciences' study.

Be it further resolved, That a copy of this resolution be transmitted to the Speaker of the United States House of Representatives, the Majority Leader of the United States Senate, the President of the United States, the Vice­president of the United States, the Secretary of the United States Department of the Interior, the Director of the Bureau of Land Management, and each member of the Colorado Congressional delegation.

_______

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

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.

_______________

APPOINTMENTS TO CONFERENCE COMMITTEE

Pursuant to a request from the Senate, the Speaker appointed Representatives Johnson, Chairman, T.Williams and Veiga as House conferees to the First Conference Committee on SB99-025.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until April 1, retaining place on Calendar:

Consideration of Third Reading--HB99-1165.

Consideration of General Orders--HB99-1129, SB99-161, 039, 022, 004, HB99-1095, 1195, 1245, 1306, 1308, 1313, 1342.

Consideration of Conference Committee Reports--HB99-1061.

Consideration of Resolutions--HJR99-1016, SJR99-020, HJR99-1021, 1022.

Consideration of Senate Amendments--HB99-1017, 1172, 1228, 1229.

_______________

On motion of Representative Spradley, the House adjourned until 9:00 a.m., April 1, 1999.

Approved:

RUSSELL GEORGE,

Attest: Speaker

JUDITH RODRIGUE,

Chief Clerk