Untitled

This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

HOUSE JOURNAL

SIXTY-FIRST GENERAL ASSEMBLY

STATE OF COLORADO

Second Regular Session

One hundred-seventh Legislative Day Thursday, April 23, 1998

Prayer by Rabbi Yaakov Chaitovsky, BMH-BJ Congregation, Denver.

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

The roll was called with the following result:

Present--63.

Absent and excused--Representatives Owen, Sinclair--2

The Speaker declared a quorum present.

_______________

On motion of Representative S. Williams, the reading of the journal of April 22, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

SB98-10 be referred to the Committee on Appropriations with favorable recommendation.

SB98-188 be referred to the Committee of the Whole with favorable recommendation.

EDUCATION

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

HJR98-1009 be referred to the Committee on Appropriations.

FINANCE

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

HB98-1414 be referred to the Committee of the Whole with favorable recommendation.

SB98-154 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 23, strike "THAT DIRECTLY BENEFIT THE" and substitute "FOR CONTRIBUTIONS THAT A TAXPAYER MAKES TO A CHILD CARE FACILITY IN WHICH THE TAXPAYER OR A PERSON RELATED TO THE TAXPAYER HAS A FINANCIAL INTEREST.";

strike lines 24 and 25.

Page 3, after line 5, insert the following:

(5) "THIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2005.".

SB98-158 be referred to the Committee on Appropriations with favorable recommendation.

HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

SB9824 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, strike everything below the enacting clause, and substitute the following:

"SECTION 1. Part 1 of article 1 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

261131. Atrisk adult abuse study report required repeal. (1) (a) THE GENERAL ASSEMBLY HEREBY FINDS THAT ABUSE OF ATRISK ADULTS IS AN IMPORTANT ISSUE WORTHY OF STUDY AND OF LEGISLATIVE ACTION. THE GOVERNOR SHALL APPOINT A TASK FORCE TO STUDY THE PROBLEM OF ATRISK ADULT ABUSE AND THE MANDATORY REPORTING OF SUCH ABUSE. THE TASK FORCE SHALL CONSIST OF NOT MORE THAN FIFTEEN MEMBERS WHO SHALL SERVE VOLUNTARILY AND WITHOUT PAY OR REIMBURSEMENT FOR EXPENSES. THE MEMBERS OF THE TASK FORCE SHALL BE CHOSEN FROM DIVERSE AREAS OF THE STATE AND SHALL INCLUDE, BUT NOT BE LIMITED TO:

(I) DISABLED CITIZENS;

(II) SENIOR CITIZENS; AND

(III) REPRESENTATIVES OF COUNTY DEPARTMENTS OF SOCIAL SERVICES.

(b) THE STATE DEPARTMENT SHALL PROVIDE ALL NECESSARY STAFF AND SUPPORT FROM ITS EXISTING BUDGET.

(c) ON OR BEFORE JANUARY 1, 1999, THE TASK FORCE SHALL REPORT ITS FINDINGS TO THE HOUSE OF REPRESENTATIVES AND THE SENATE AND TO THE HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.

(2) THIS SECTION SHALL BE REPEALED EFFECTIVE JANUARY 31, 1999.

SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

SB98-79 be referred to the Committee on Appropriations with favorable recommendation.

SB98185 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 6, strike lines 21 through 25, and substitute the following:

"(IV) THERE IS HEREBY CREATED THE WORKS ALLOCATION COMMITTEE THAT SHALL CONSIST OF SEVEN MEMBERS, FIVE OF WHOM SHALL BE APPOINTED BY A STATEWIDE ASSOCIATION OF COUNTIES AND TWO OF WHOM SHALL BE APPOINTED BY THE STATE DEPARTMENT. THE APPOINTING AUTHORITIES SHALL CONSULT WITH EACH OTHER TO ENSURE THAT THE WORKS ALLOCATION COMMITTEE IS REPRESENTATIVE OF THE COUNTIES IN THE STATE. IF A STATEWIDE ASSOCIATION OF COUNTIES DOES NOT APPOINT A REPRESENTATIVE FROM THE COUNTY THAT HAS THE GREATEST PERCENTAGE OF THE STATE'S WORKS CASELOAD, THE STATE DEPARTMENT SHALL APPOINT SUCH A REPRESENTATIVE FROM SUCH COUNTY. THE WORKS ALLOCATION COMMITTEE SHALL DEVELOP ITS OWN OPERATIONAL PROCEDURES.&QUOT;.

LOCAL GOVERNMENT

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

SB98-53 be referred to the Committee of the Whole with favorable recommendation.

TRANSPORTATION AND ENERGY

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

HJR98-1036, 1038 be referred out for final action.

SB98-30 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 3, line 12, strike "THE" and substitute "IN CONSULTATION WITH THE REGIONAL TRANSPORTATION DISTRICT, THE".

______________

DELIVERY OF BILLS TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bills have been delivered to the Office of the Governor: HB98-1059, 1128, and 1189 at 4:05 p.m. on April 22, 1998.

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MESSAGE FROM THE SENATE

Mr. Speaker:

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

SB98- 183, amended as printed in Senate Journal, April 21, page 920, and on Third Reading as printed in Senate Journal, April 22;

SB98- 192, amended as printed in Senate Journal, April 21, page 920;

HB98-1228, amended as printed in Senate Journal, April 15, page 828;

HB98-1378, amended as printed in Senate Journal, April 21, page 910;

HB98-1385, amended as printed in Senate Journal, April 21, page 910;

HB98-1389, amended as printed in Senate Journal, April 21, pages 909-910.

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MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB98-183, 192, HB98-1228, 1378, 1385, and 1389.

______________

MESSAGES FROM THE GOVERNOR

I certify I received the following on the 22nd day of April, 1998, at 4:00 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 22, 1998

To the Honorable

Colorado House of Representatives

Sixty-first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

H.B. 98-1007 Concerning continuation of the Public Utilities Commission in the Department of Regulatory Agencies.

Approved April 21, 1998 at 8:01 p.m.

H.B. 98-1025 Concerning requirements for personal injury protection coverage policies.

Approved April 21, 1998 at 8:02 p.m.

H.B. 98-1033 Concerning the category classification of certain counties for the purposes of increasing county officers' salaries.

Approved April 21, 1998 at 8:03 p.m.

H.B. 98-1036 Concerning exempting the permanently disabled from having to provide proof of disability to renew their special license plates, and, in connection therewith, extending such exemption to the renewal of identifying placards.

Approved April 21, 1998 at 7:11 p.m.

H.B. 98-1039 Concerning an increase in the penalties for poaching certain big game animals.

Approved April 22, 1998 at 9:30 a.m.

H.B. 98-1041 Concerning the theft of cable services.

Approved April 21, 1998 at 8:04 p.m.

H.B. 98-1053 Concerning exemption of short-term limited duration health insurance policies from the definition of a "health benefit plan" subject to regulation by the commissioner of insurance.

Approved April 21, 1998 at 6:17 p.m.

H.B. 98-1117 Concerning procedures related to the execution of prisoners in the custody of the Department of Corrections, and, in connection therewith, eliminating the prohibition against the executive director of the Department of Corrections making the day and hour of executions public and increasing the number of witnesses who may attend executions.

Approved April 22, 1998 at 9:16 a.m.

H.B. 98-1123 Concerning functions of the executive director of the Department of Revenue regarding motor vehicle sales transactions.

Approved April 21, 1998 at 8:05 p.m.

H.B. 98-1141 Concerning termination of a tenancy on the basis of acts that constitute a public nuisance.

Approved April 21, 1998 at 8:06 p.m.

H.B. 98-1176 Concerning waste tire recycling, and, in connection therewith, directing the Department of Local Affairs to use moneys from the waste tire recycling development cash funds to provide partial reimbursement to waste tire processors and end users.

Approved April 21, 1998 at 8:07 p.m.

H.B. 98-1177 Concerning sex offenders.

Approved April 21, 1998 at 8:00 p.m.

H.B. 98-1178 Concerning the use of inmate labor at nonstate-owned facilities.

Approved April 21, 1998 at 8:08 p.m.

H.B. 98-1215 Concerning civil penalties for violations of the disclosure requirements for making loans secured by a mortgage or deed of trust.

Approved April 21, 1998 at 8:09 p.m.

H.B. 98-1243 Concerning required health care coverage for medical costs associated with the administration of general anesthesia for dental procedures performed on dependent children.

Approved April 22, 1998 at 9:12 a.m.

H.B. 98-1245 Concerning the authority of pharmacists to dispense prescriptions received via facsimile transmission for schedule II controlled substances.

Approved April 21,1998 at 8:10 p.m.

H.B. 98-1252 Concerning the educational programs at Fort Lewis College.

Approved April 21, 1998 at 8:11 p.m.

H.B. 98-1261 Concerning school district reorganization.

Approved April 21, 1998 at 8:12 p.m.

H.B. 98-1264 Concerning discovery procedures in Class 1 felony cases.

Approved April 21, 1998 at 7:46 p.m.

H.B. 98-1269 Concerning an exemption from state use tax for certain donations of manufactured goods by the manufacturer of such goods, and, in connection therewith, exempting from state sales tax purchases of tangible personal property by a manufacturer that uses such property as a component part of certain goods that it manufacturers and donates.

Approved April 22, 1998 at 10:06 a.m.

H.B. 98-1296 Concerning implementation of an early education and school readiness program.

Approved April 21, 1998 at 8:13 p.m.

H.B. 98-1304 Concerning the funding of transportation system projects in Colorado, and, in connection therewith, providing for the private investment in such transportation system projects.

Approved April 21, 1998 at 8:14 p.m.

H.B. 98-1311 Concerning the representation of closely held business entities by persons who are not licensed to practice law in this state.

Approved April 22, 1998 at 9:25 a.m.

H.B. 98-1317 Concerning the appropriation by a county assessor of the value of a mobile home that is moved after the assessment date for property tax purposes.

Approved April 21, 1998 at 8:13 p.m.

H.B. 98-1325 Concerning the implementation of the non-Medicaid state subsidized insurance program known as the "Children's Basic Health Plan.@

Approved April 21, 1998 at 8:16 p.m.

H.B. 98-1337 Concerning the "Colorado Common Interest Ownership Act," and, in connection therewith, allowing variation by agreement from certain provisions of the act, expanding the exemption from the act for new small cooperatives and small and limited expense planned communities, requiring additional notice of meetings of a unit owners' association's executive board or committee thereof.

Approved April 22, 1998 at 9:20 a.m.

H.B. 98-1361 Concerning the annual appropriation of moneys to the judicial department rather than the state treasurer for the purpose of reimbursing the judicial division trust fund of the Public Employees' Retirement Association for increases in retirement benefits paid to retired judges who return to temporary judicial duties.

Approved April 21, 1998 at 8:17

H.B. 98-1365 Concerning the denial of unemployment compensation benefits to certain persons who are addicted to drugs or alcohol.

Approved April 21, 1998 at 6:39 p.m.

H.B. 98-1371 Concerning grounds for expulsion related to dangerous weapons.

Approved April 21, 1998 at 8:18 p.m.

H.B. 98-1372 Concerning requiring certificates of review in professional negligence actions to include the defendants' employer.

Approved April 22, 1998 at 9:22 a.m.

H.B. 98-1375 Concerning the establishment of transportation planning regions by the transportation commission.

Approved April 21, 1998 at 8:19 p.m.

H.B. 98-1376 Concerning the protection of crime victims from civil actions.

Approved April 21, 1998 at 7:50 p.m.

H.B. 98-1395 Concerning the authority of the Department of Transportation to immediately acquire the Towner Railroad Line as part of the State Rail Bank, and making an appropriation therefor.

Approved April 22, 1998 at 10:26 a. m.

Sincerely,

(signed)

Roy Romer

Governor

_________

April 22, 1998

To the Honorable Colorado

House of Representatives

Sixty-first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

Today I am signing House Bill 98-1395, "Concerning the Authority of the Department of Transportation to Immediately Acquire the Towner Railroad Line as Part of the State Rail Bank, and Making an Appropriation Therefor." In taking this action, however, I am concerned about the precedent the Legislature's action may set.

The bill, which passed the Legislature by large margins and with little debate, for the first time puts the taxpayers of Colorado in the business of owning commercial rail lines.

It was prompted by the proposed abandonment of the Towner-NA Junction line in southeastern Colorado. Unfortunately, the line has not been profitable to Union Pacific, the current owners. There is little or no local traffic generated along the line, and after a year and a half of efforts by the state, including contacts with close to two hundred potential private sector rail operators, we were unable to find a buyer.

Local officials and residents argue that they need more time to find a purchaser. That is why I am signing the bill: additional time may yield a legitimate buyer which would continue rail service in the area. The legislation appropriates $10 million to buy the line from Union Pacific while those efforts continue for the next two years. If no buyer is found, the state would then sell the rail, and recoup its costs.

Rail abandonments have serious effects on the local communities throughout Colorado, and I hope that an buyer can be found for the Towner line. But if they cannot, I am concerned that further time extensions will be sought by local communities, resulting in the state holding this property for an extended period of time.

But there are still unresolved broad policy questions which need to be answered.

should Colorado taxpayers be in the business of buying commercial rail lines that are not attractive investments for the private sector? There are several other rail lines that may be abandoned in the future, and I am very concerned about the precedent we are setting with the purchase of the Towner line. The cost of purchasing these additional abandonments could well exceed $65 million, and that does not include operation and maintenance costs to keep these assets in condition for resale.
what is the state's liability for accidents and implications for continued environmental clean-up along the lines?
what about other transportation issues? Does this argue that the state should subsidize air service in rural communities, or telecommunications services?

My bottom line is, and always has been, that the state of Colorado should not be in the business of owning railroads, and either operating them directly or entering into long term leases with operators. But because this legislation buys some more time for local communities and the private sector, and does not put us directly in the rail business, I have decided to sign it.

But I do so with this warning: if a buyer cannot be found, the state must not continue to hold this asset. I urge future legislatures to carefully consider the broader policy issues before buying any additional rail lines.

Sincerely,

(signed)

Roy Romer

Governor

______________

INTRODUCTION OF BILLS

First Reading

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

SB98-183 by Senator Wattenberg; also Representative George--Concerning the acceptance of Colorado Northwestern community college into the state system of community and technical colleges, and, in connection therewith, approving the continuation of the Rangely junior college district and the Moffat county affiliated junior college district for specified purposes.

Committee on Education.

SB98-192 by Senator Wattenberg; also Representative McPherson--Concerning amendments to the existing statutory distribution formula for gross receipts derived from pari-mutuel wagering on greyhound races.

Committee on Agriculture, Livestock and Natural Resources.

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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.

HB98-1004 by Representatives Epps, Hagedorn, Kreutz, and Leyba; also Senator Hopper--Concerning the regulation of domestic violence treatment providers who treat domestic violence perpetrators pursuant to court order.

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 0 EXCUSED 2 ABSENT 0

Adkins Y
Agler Y
Alexander Y
Allen Y
Anderson Y
Arrington Y
Bacon Y
Berry, G. Y
Chavez Y
Clarke Y
Dean Y
Dyer Y
Entz Y
Epps Y
Faatz Y
George Y

Gordon Y
Gotlieb Y
Grampsas Y
Grossman Y
Hagedorn Y
Hefley Y
Johnson Y
June Y
Kaufman Y
Keller Y
Kreutz Y
Lawrence Y
Leyba Y
Mace Y
May Y
McElhany Y

McPherson Y
Miller Y
Morrison Y
Musgrave Y
Nichol Y
Owen E
Pankey Y
Paschall Y
Pfiffner Y
Reeser Y
Romero Y
Salaz Y
Saliman Y
Schauer Y
Sinclair E
Smith Y

Snyder Y
Spradley Y
Sullivant Y
Swenson Y
Takis Y
Tate Y
Taylor Y
Tool Y
Tucker Y
Tupa Y
Udall Y
Veiga Y
Williams, S. Y
Williams, T. Y
Young Y
Zimmerman Y
Mr. Speaker Y

Co-sponsors added: Representatives Chavez, Hefley, Mace, Nichol, Romero, Udall, Veiga.

HB98-1238 by Representative George; also Senator Wham--Concerning judicial compensation.

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 48 NO 15 EXCUSED 2 ABSENT 0

Adkins Y
Agler N
Alexander Y
Allen Y
Anderson Y
Arrington N
Bacon Y
Berry, G. Y
Chavez Y
Clarke Y
Dean N
Dyer Y
Entz Y
Epps N
Faatz N
George Y

Gordon Y
Gotlieb Y
Grampsas Y
Grossman Y
Hagedorn Y
Hefley N
Johnson Y
June Y
Kaufman Y
Keller Y
Kreutz N
Lawrence Y
Leyba Y
Mace Y
May Y
McElhany N

McPherson Y
Miller Y
Morrison Y
Musgrave N
Nichol Y
Owen E
Pankey N
Paschall N
Pfiffner N
Reeser Y
Romero Y
Salaz N
Saliman Y
Schauer Y
Sinclair E
Smith Y

Snyder Y
Spradley N
Sullivant Y
Swenson Y
Takis Y
Tate Y
Taylor Y
Tool Y
Tucker Y
Tupa Y
Udall Y
Veiga Y
Williams, S. Y
Williams, T. Y
Young N
Zimmerman Y
Mr. Speaker Y

Co-sponsors added: Representatives Reeser, Schauer.

HB98-1405 by Representative Salaz; also Senator Dennis--Concerning a prohibition on the transfer of a customer's account from one provider of telecommunications services to another without the customer's prior approval, and, in connection therewith, applying such prohibition to persons who purchase and resell telecommunications services, 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 63 NO 0 EXCUSED 2 ABSENT 0

Co-sponsors added: Representatives Alexander, Bacon, Epps, Faatz, Hagedorn, Hefley, Lawrence, Leyba, Mace, Musgrave, Nichol, Paschall, Takis, Taylor, Tucker, Udall, Veiga, S.Williams.

HB98-1407 by Representative Salaz; also Senator Lamborn--Concerning the funding for the prison inmate art fund.

The question being "Shall the bill pass?".

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

YES 56 NO 7 EXCUSED 2 ABSENT 0

Adkins Y
Agler Y
Alexander Y
Allen Y
Anderson Y
Arrington Y
Bacon Y
Berry, G. Y
Chavez N
Clarke N
Dean Y
Dyer YEntz Y
Epps Y
Faatz Y
George Y

Gordon Y
Gotlieb Y
Grampsas Y
Grossman Y
Hagedorn Y
Hefley Y
Johnson Y
June Y
Kaufman Y
Keller Y
Kreutz Y
Lawrence Y
Leyba N
Mace Y
May Y
McElhany Y

McPherson Y
Miller Y
Morrison Y
Musgrave Y
Nichol Y
Owen E
Pankey Y
Paschall Y
Pfiffner Y
Reeser Y
Romero Y
Salaz Y
Saliman Y
Schauer Y
Sinclair E
Smith Y

Snyder Y
Spradley N
Sullivant Y
Swenson Y
Takis N
Tate N
Taylor Y
Tool Y
Tucker Y
Tupa N
Udall Y
Veiga Y
Williams, S. Y
Williams, T. Y
Young Y
Zimmerman Y
Mr. Speaker Y

Co-sponsors added: Representatives Anderson, Entz, McElhany, Swenson, Young.

________________

On motion of Representative George, 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.)

HCR98-1009 by Representatives Dyer and Taylor--Submitting to the registered electors of the state of Colorado an amendment to section 3 of article XXVII of the constitution of the state of Colorado, concerning the use of a specified amount of net lottery proceeds currently allocated to the state general fund for Colorado tourism planning, promotion, and development.

Amendment No. 1, by Representatives Dyer and Taylor.

Amend printed concurrent resolution, page 3, line 22, after the period, add "MONEYS CREDITED TO THE COLORADO TOURISM PROMOTION FUND PURSUANT TO THIS SUBSUBPARAGRAPH (B) SHALL NOT BE SUBJECT TO ANY CONSTITUTIONAL OR STATUTORY LIMITATION ON REVENUES, APPROPRIATIONS, OR SPENDING.".

Page 4, line 3, strike "DEVELOPMENT."" and substitute &QUOT;DEVELOPMENT, AND, IN CONNECTION THEREWITH, EXCLUDING SUCH REVENUES FROM ANY CONSTITUTIONAL OR STATUTORY LIMITATION ON REVENUES, APPROPRIATIONS, OR SPENDING."".

Page 1, line 106, strike "DEVELOPMENT." and substitute "DEVELOPMENT, AND, IN CONNECTION THEREWITH, EXCLUDING SUCH REVENUES FROM ANY CONSTITUTIONAL OR STATUTORY LIMITATION ON REVENUES, APPROPRIATIONS, OR SPENDING.&QUOT;.

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

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

SB98-015 by Senators Bishop, Ament, Dennis, et. al.; also Representatives Entz, Adkins, S. Johnson, Miller, Reeser, Smith, and Young--Concerning the elimination of the yearly limit on the amount of per diems paid to the members of the ground water commission.

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

SB98-107 by Senator Matsunaka; also Representative Entz--Concerning expeditious access to medical treatment for persons who are covered by insurance.

Amendment No. 1, Business Affairs and Labor Report, dated February 26, 1998, and placed in member's bill file; Report also printed in House Journal, February 27, pages 755-756.

Amendment No. 2, by Representative Allen.

Amend the Business Affairs and Labor Committee Report, dated February 26, 1998, page 1, line 6, strike "AN" and substitute "EXCEPT AS PROVIDED IN SECTION 264115 (2) (s), AN".

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

SB98-148 by Senator Powers; also Representative Entz--Concerning public projects supervised by the department of transportation that are exempt from the requirements of the "Construction Bidding for Public Projects Act".

Amendment No. 1, by Representative Entz.

Amend reengrossed bill, page 3, line 2, after "ON", insert &QUOT;AT LEAST".

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

HCR98-1008 by Representatives Kaufman, Dyer, Entz, George, Morrison, Owen, Reeser, and Taylor; also Senators Wattenberg, B. Alexander, Ament, Bishop, Dennis, and Rizzuto; also Senator B. Alexander--Submitting to the registered electors of the state of Colorado an amendment to article XI of the constitution of the state of Colorado, authorizing a county, city, town, township, or special district to provide any lawfully authorized health care function, service, or facility in joint ownership or other arrangement with any person or company, public or private, without incurring debt and without pledging its credit or faith; requiring any county, city, town, township, or special district entering into such joint ownership or other arrangement to own its just proportion; and providing that any such entity or relationship established for such purpose shall not be deemed a political subdivision, local government, or local public body for any purpose.

Amendment No. 1, Health, Environment, Welfare and Institutions Report, dated April 20, 1998, and placed in member's bill file; Report also printed in House Journal, April 21, page 1403.

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

On motion of Representative Anderson, the remainder of the General Orders Calendar (SB98-165) was laid over until April 24, retaining place on Calendar.

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative Pfiffner moved to amend the Report of the Committee of the Whole to show that Amendment No. 1 (printed in House Journal page 1447, lines 36 through 52), to HCR981009, did not pass, and that HCR98-1009 did pass.

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

YES 55 NO 8 EXCUSED 2 ABSENT 0

Adkins Y
Agler Y
Alexander Y
Allen Y
Anderson Y
Arrington Y
Bacon Y
Berry, G. Y
Chavez N
Clarke Y
Dean Y
Dyer Y
Entz Y
Epps Y
Faatz Y
George Y

Gordon N
Gotlieb Y
Grampsas Y
Grossman N
Hagedorn Y
Hefley Y
Johnson Y
June Y
Kaufman Y
Keller Y
Kreutz Y
Lawrence Y
Leyba Y
Mace Y
May Y
McElhany Y

McPherson Y
Miller Y
Morrison Y
Musgrave Y
Nichol Y
Owen E
Pankey Y
Paschall Y
Pfiffner Y
Reeser Y
Romero N
Salaz Y
Saliman N
Schauer Y
Sinclair E
Smith Y

Snyder Y
Spradley Y
Sullivant Y
Swenson Y
Takis N
Tate N
Taylor Y
Tool Y
Tucker Y
Tupa Y
Udall Y
Veiga N
Williams, S. Y
Williams, T. Y
Young Y
Zimmerman Y
Mr. Speaker Y

Representative Paschall moved to amend the Report of the Committee of the Whole to show that HCR981008, as amended, did not pass.

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

YES 13 NO 50 EXCUSED 2 ABSENT 0

Adkins Y
Agler Y
Alexander N
Allen N
Anderson N
Arrington YBacon N
Berry, G. N
Chavez N
Clarke N
Dean N
Dyer N
Entz N
Epps N
Faatz Y
George N

Gordon N
Gotlieb N
Grampsas N
Grossman N
Hagedorn N
Hefley Y
Johnson N
June N
Kaufman N
Keller N
Kreutz Y
Lawrence N
Leyba N
Mace N
May N
McElhany Y

McPherson Y
Miller N
Morrison N
Musgrave N
Nichol Y
Owen E
Pankey Y
Paschall Y
Pfiffner Y
Reeser N
Romero N
Salaz N
Saliman N
Schauer N
Sinclair E
Smith N

Snyder N
Spradley N
Sullivant Y
Swenson N
Takis N
Tate N
Taylor N
Tool N
Tucker N
Tupa N
Udall N
Veiga N
Williams, S. N
Williams, T. N
Young N
Zimmerman N
Mr. Speaker N

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HCR98-1009, SB98-15, 107 amended, 148 amended, HCR98-1008 amended.

Laid over until date indicated retaining place on Calendar:

SB98-165--April 24, 1998.

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

YES 63 NO 0 EXCUSED 2 ABSENT 0

______________

CONSIDERATION OF CONFERENCE COMMITTEE REPORTS

HB98-1016 by Representative T. Williams; also Senator Schroeder--Concerning regulation of architects by the state board of examiners of architects.

(Conference Committee Report printed in House Journal April 22, page 1417.)

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

YES 61 NO 0 EXCUSED 2 ABSENT 2

Adkins Y
Agler Y
Alexander Y
Allen Y
Anderson Y
Arrington Y
Bacon Y
Berry, G. Y
Chavez Y
Clarke Y
Dean Y
Dyer Y
Entz Y
Epps Y
Faatz Y
George Y

Gordon Y
Gotlieb Y
Grampsas Y
Grossman Y
Hagedorn Y
Hefley Y
Johnson Y
June Y
Kaufman Y
Keller Y
Kreutz Y
Lawrence Y
Leyba
Mace Y
May Y
McElhany Y

McPherson Y
Miller Y
Morrison Y
Musgrave Y
Nichol Y
Owen E
Pankey Y
Paschall Y
Pfiffner Y
Reeser Y
Romero
Salaz Y
Saliman Y
Schauer Y
Sinclair E
Smith Y

Snyder Y
Spradley Y
Sullivant Y
Swenson Y
Takis Y
Tate Y
Taylor Y
Tool Y
Tucker Y
Tupa Y
Udall Y
Veiga Y
Williams, S. Y
Williams, T. Y
Young Y
Zimmerman Y
Mr. Speaker Y

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 61 NO 0 EXCUSED 2 ABSENT 2

Adkins Y
Agler Y
Alexander Y
Allen Y
Anderson Y
Arrington Y
Bacon Y
Berry, G. Y
Chavez Y
Clarke Y
Dean Y
Dyer Y
Entz Y
Epps Y
Faatz Y
George Y

Gordon Y
Gotlieb Y
Grampsas Y
Grossman Y
Hagedorn Y
Hefley Y
Johnson Y
June Y
Kaufman Y
Keller Y
Kreutz Y
Lawrence Y
Leyba Y
Mace Y
May Y
McElhany Y

McPherson Y
Miller Y
Morrison Y
Musgrave Y
Nichol Y
Owen E
Pankey Y
Paschall Y
Pfiffner Y
Reeser Y
Romero Y
Salaz Y
Saliman Y
Schauer Y
Sinclair E
Smith Y

Snyder Y
Spradley
Sullivant Y
Swenson Y
Takis Y
Tate Y
Taylor
Tool Y
Tucker Y
Tupa Y
Udall Y
Veiga Y
Williams, S. Y
Williams, T. Y
Young Y
Zimmerman Y
Mr. Speaker Y

Co-sponsors added: Representatives Taylor, S.Williams.

HB98-1293 by Representative Clarke; also Senator Congrove--Concerning veteran's preferences for public employment.

(Conference Committee Report printed in House Journal April 22, page 1418.)

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

YES 63 NO 0 EXCUSED 2 ABSENT 0

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 63 NO 0 EXCUSED 2 ABSENT 0

HB98-1312 by Representative Pfiffner; also Senator Blickensderfer--Concerning the state employee compensation law, and, in connection therewith, restructuring the provisions concerning state employee job evaluation and compensation.

(Conference Committee Report printed in House Journal April 22, pages 1418-1419.)

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

YES 63 NO 0 EXCUSED 2 ABSENT 0

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 50 NO 13 EXCUSED 2 ABSENT 0

Adkins Y
Agler Y
Alexander Y
Allen Y
Anderson Y
Arrington Y
Bacon Y
Berry, G. Y
Chavez N
Clarke N
Dean Y
Dyer Y
Entz Y
Epps Y
Faatz Y
George Y

Gordon N
Gotlieb Y
Grampsas Y
Grossman Y
Hagedorn Y
Hefley Y
Johnson Y
June Y
Kaufman Y
Keller Y
Kreutz Y
Lawrence Y
Leyba N
Mace Y
May Y
McElhany Y

McPherson Y
Miller Y
Morrison Y
Musgrave Y
Nichol N
Owen E
Pankey Y
Paschall Y
Pfiffner Y
Reeser N
Romero N
Salaz Y
Saliman Y
Schauer Y
Sinclair E
Smith Y

Snyder N
Spradley Y
Sullivant Y
Swenson Y
Takis N
Tate N
Taylor Y
Tool Y
Tucker Y
Tupa Y
Udall N
Veiga N
Williams, S. Y
Williams, T. Y
Young Y
Zimmerman N
Mr. Speaker Y

Co-sponsor added: Representative Sullivant.

HB98-1358 by Representatives Grampsas, Owen, Romero, George, McElhany, and Dyer; also Senators Lacy, Blickensderfer, Rizzuto, Wham, Ament, and J. Johnson--Concerning supplemental appropriations for capital construction.

(Conference Committee Report printed in House Journal April 22, page 1419.)

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

YES 62 NO 0 EXCUSED 3 ABSENT 0

Adkins Y
Agler Y
Alexander Y
Allen Y
Anderson Y
Arrington Y
Bacon Y
Berry, G. Y
Chavez Y
Clarke Y
Dean E
Dyer Y
Entz Y
Epps Y
Faatz Y
George Y
Gordon Y
Gotlieb Y
Grampsas Y
Grossman Y
Hagedorn Y
Hefley Y
Johnson Y
June Y
Kaufman Y
Keller Y
Kreutz Y
Lawrence Y
Leyba Y
Mace Y
May Y
McElhany Y
McPherson Y
Miller Y
Morrison Y
Musgrave Y
Nichol Y
Owen E
Pankey Y
Paschall Y
Pfiffner Y
Reeser Y
Romero Y
Salaz Y
Saliman Y
Schauer Y
Sinclair E
Smith Y
Snyder Y
Spradley Y
Sullivant Y
Swenson Y
Takis Y
Tate Y
Taylor Y
Tool Y
Tucker Y
Tupa Y
Udall Y
Veiga Y
Williams, S. Y
Williams, T. Y
Young Y
Zimmerman Y
Mr. Speaker Y

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 61 NO 1 EXCUSED 3 ABSENT 0

Adkins Y
Agler Y
Alexander Y
Allen Y
Anderson Y
Arrington Y
Bacon Y
Berry, G. Y
Chavez Y
Clarke Y
Dean E
Dyer Y
Entz Y
Epps Y
Faatz Y
George Y
Gordon Y
Gotlieb Y
Grampsas Y
Grossman Y
Hagedorn Y
Hefley Y
Johnson Y
June Y
Kaufman Y
Keller Y
Kreutz Y
Lawrence Y
Leyba Y
Mace Y
May Y
McElhany Y
McPherson Y
Miller Y
Morrison Y
Musgrave Y
Nichol Y
Owen E
Pankey Y
Paschall N
Pfiffner Y
Reeser Y
Romero Y
Salaz Y
Saliman Y
Schauer Y
Sinclair E
Smith Y
Snyder Y
Spradley Y
Sullivant Y
Swenson Y
Takis Y
Tate Y
Taylor Y
Tool Y
Tucker Y
Tupa Y
Udall Y
Veiga Y
Williams, S. Y
Williams, T. Y
Young Y
Zimmerman Y
Mr. Speaker Y

______________

CONSIDERATION OF RESOLUTIONS

HJR98-1027 by Representative Anderson; also Senator Norton--Concerning the designation of May 15, 1998, as Peace Officers' Memorial Day and the week of May 10, 1998, as Police Week.

(Printed and placed in member's files; also printed in House Journal, April 3, 1998, pages 1186-1187.)

On motion of Representative Anderson, the resolution was adopted by the following roll call vote:

YES 61 NO 0 EXCUSED 3 ABSENT 1

Adkins Y
Agler Y
Alexander Y
Allen Y
Anderson Y
Arrington Y
Bacon Y
Berry, G. Y
Chavez Y
Clarke Y
Dean E
Dyer Y
Entz Y
Epps Y
Faatz Y
George Y
Gordon Y
Gotlieb Y
Grampsas Y
Grossman Y
Hagedorn Y
Hefley Y
Johnson Y
June
Kaufman Y
Keller Y
Kreutz Y
Lawrence Y
Leyba Y
Mace Y
May Y
McElhany Y
McPherson Y
Miller Y
Morrison Y
Musgrave Y
Nichol Y
Owen E
Pankey Y
Paschall Y
Pfiffner Y
Reeser Y
Romero Y
Salaz Y
Saliman Y
Schauer Y
Sinclair E
Smith Y
Snyder Y
Spradley Y
Sullivant Y
Swenson Y
Takis Y
Tate Y
Taylor Y
Tool Y
Tucker Y
Tupa Y
Udall Y
Veiga Y
Williams, S. Y
Williams, T. Y
Young Y
Zimmerman Y
Mr. Speaker Y

Co-sponsors added: Representatives Agler, Allen, Epps, George, Grampsas, Kaufman, Lawrence, Leyba, Mace, McElhany, Nichol, Pfiffner, Schauer, Tool, Tucker, Young, Mr. Speaker.

SJR98-14 by Senators Congrove and Arnold; also Representative Schauer--Concerning Recognition of the Colorado Law Enforcement Memorial.

(Printed and placed in member's files.)

On motion of Representative Schauer, the resolution was adopted by the following roll call vote:

YES 61 NO 0 EXCUSED 4 ABSENT 0

Adkins Y
Agler Y
Alexander Y
Allen Y
Anderson Y
Arrington Y
Bacon Y
Berry, G. Y
Chavez Y
Clarke YDean E
Dyer Y
Entz Y
Epps Y
Faatz Y
George Y
Gordon Y
Gotlieb Y
Grampsas Y
Grossman Y
Hagedorn Y
Hefley Y
Johnson Y
June E
Kaufman Y
Keller Y
Kreutz Y
Lawrence Y
Leyba Y
Mace Y
May Y
McElhany Y
McPherson Y
Miller Y
Morrison Y
Musgrave Y
Nichol Y
Owen E
Pankey Y
Paschall Y
Pfiffner Y
Reeser Y
Romero Y
Salaz Y
Saliman Y
Schauer Y
Sinclair E
Smith Y
Snyder Y
Spradley Y
Sullivant Y
Swenson Y
Takis Y
Tate Y
Taylor Y
Tool Y
Tucker Y
Tupa Y
Udall Y
Veiga Y
Williams, S. Y
Williams, T. Y
Young Y
Zimmerman Y
Mr. Speaker Y

Co-sponsors added: Representatives Entz, Epps, Grampsas, Hefley, Johnson, Kaufman, Lawrence, Leyba, Mace, Nichol, Paschall, Pfiffner, Swenson, Tate, Tool, Tucker.

SJR98-18 by Senators Tanner, Congrove, Hernandez, Ament, Arnold, Bishop, Chlouber, Coffman, Lamborn, Feeley, Hopper, J. Johnson, Linkhart, Matsunaka, Mutzebaugh, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder, Thiebaut, Weddig, Wells, and Wham; also Representatives George, Adkins, Agler, K. Alexander, Allen, Chavez, Clarke, Dean, Epps, Gordon, Gotlieb, Grossman, Hagedorn, June, S. Johnson, Keller, Kreutz, Lawrence, Leyba, May, McElhany, McPherson, Miller, Morrison, Musgrave, Pankey, Paschall, Pfiffner, Salaz, Saliman, Schauer, Sinclair, Smith, Snyder, Swenson, Tate, Taylor, Tool, Tucker, Tupa, Udall, Veiga, and S. Williams--Urging the Colorado General Assembly to set aside an annual appreciation day for all Colorado peace officers.

(Printed and placed in member's files.)

On motion of Representative George, the resolution was adopted by the following roll call vote:

YES 61 NO 0 EXCUSED 4 ABSENT 0

Adkins Y
Agler Y
Alexander Y
Allen Y
Anderson Y
Arrington Y
Bacon Y
Berry, G. Y
Chavez Y
Clarke Y
Dean E
Dyer Y
Entz Y
Epps Y
Faatz Y
George Y
Gordon Y
Gotlieb Y
Grampsas Y
Grossman Y
Hagedorn Y
Hefley Y
Johnson Y
June E
Kaufman Y
Keller Y
Kreutz Y
Lawrence Y
Leyba Y
Mace Y
May Y
McElhany Y
McPherson Y
Miller Y
Morrison Y
Musgrave Y
Nichol Y
Owen E
Pankey Y
Paschall Y
Pfiffner Y
Reeser Y
Romero Y
Salaz Y
Saliman Y
Schauer Y
Sinclair E
Smith Y
Snyder Y
Spradley Y
Sullivant Y
Swenson Y
Takis Y
Tate Y
Taylor Y
Tool Y
Tucker Y
Tupa Y
Udall Y
Veiga Y
Williams, S. Y
Williams, T. Y
Young Y
Zimmerman Y
Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Anderson, Bacon, Faatz, Grampsas, Hefley, Kaufman, Mace, McElhany, Musgrave, Nichol, Reeser, Schauer, Spradley, Sullivant, Tool, Tucker, Udall, S.Williams, Young, Mr. Speaker.

SJR98-22 by Senators Perlmutter, B. Alexander, Ament, Arnold, Bishop, Blickensderfer, Chlouber, Coffman, Congrove, Dennis, Feeley, Hernandez, Hopper, J. Johnson, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Mutzebaugh, Norton, Pascoe, Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder, Tanner, Tebedo, Thiebaut, Wattenberg, Weddig, Wells, and Wham; also Representatives Gotlieb, Adkins, Agler, K. Alexander, Allen, Anderson, Arrington, Bacon, C. Berry, G. Berry, Chavez, Clarke, Dean, Dyer, Entz, Epps, Faatz, George, Gordon, Grampsas, Grossman, Hagedorn, Hefley, S. Johnson, Kaufman, Keller, Kreutz, Lawrence, Leyba, Mace, May, McElhany, McPherson, Miller, Morrison, Musgrave, Nichol, Owen, Pankey, Paschall, Pfiffner, Reeser, Romero, Salaz, Saliman, Schauer, Sinclair, Smith, Snyder, Sullivant, Swenson, Takis, Tate, Taylor, Tool, Tucker, Tupa, Udall, Veiga, S. Williams, T. Williams, Young, and Zimmerman--Concerning commending the State of Israel on the occasion of its 50th Anniversary.

(Printed and placed in member's files.)

On motion of Representative Gotlieb, the resolution was read at length and adopted by the following roll call vote:

YES 60 NO 0 EXCUSED 5 ABSENT 0

Adkins Y
Agler Y
Alexander Y
Allen Y
Anderson Y
Arrington Y
Bacon Y
Berry, G. Y
Chavez Y
Clarke Y
Dean E
Dyer Y
Entz E
Epps Y
Faatz Y
George Y

Gordon Y
Gotlieb Y
Grampsas Y
Grossman Y
Hagedorn Y
Hefley Y
Johnson Y
June E
Kaufman Y
Keller Y
Kreutz Y
Lawrence Y
Leyba Y
Mace Y
May Y
McElhany Y

McPherson Y
Miller Y
Morrison Y
Musgrave Y
Nichol Y
Owen E
Pankey Y
Paschall Y
Pfiffner Y
Reeser Y
Romero Y
Salaz Y
Saliman Y
Schauer Y
Sinclair E
Smith Y

Snyder Y
Spradley Y
Sullivant Y
Swenson Y
Takis Y
Tate Y
Taylor Y
Tool Y
Tucker Y
Tupa Y
Udall Y
Veiga Y
Williams, S. Y
Williams, T. Y
Young Y
Zimmerman Y
Mr. Speaker Y

Co-sponsor added: Representative Spradley.

_______________

House in recess. House reconvened.

_______________

REPORTS OF COMMITTEE OF REFERENCE

BUSINESS AFFAIRS AND LABOR

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

SB98-152 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 8, strike line 6 and substitute the following: "COMPETITIVE ADVANTAGES/DISADVANTAGES ON EXISTING POTENTIAL PROVIDERS OF RETAIL";

line 14, strike "SIXTEEN" and substitute "NINETEEN";

line 25, strike "AND".

Page 9, strike line 2 and substitute "UTILITY; AND";

after line 2, insert the following:

"(G) ONE REPRESENTATIVE OF SMALL BUSINESS CONSUMERS WHO EMPLOY LESS THAN FIFTY PERSONS;";

line 12, strike "AND";

line 14, strike "ENERGY;" and substitute "ENERGY; AND";

after line 14, insert the following:

"(F) ONE REPRESENTATIVE OF A MARKETER OR BROKER OF ELECTRICITY;";

line 23, strike "A MARKETER OR BROKER OF";

line 24, strike "ELECTRICITY OR";

line 26, strike "INDUSTRIAL OR" and substitute "A".

Page 10, line 1, strike "CONSUMERS" and substitute "CONSUMER";

after line 4, insert the following:

"(F) ONE REPRESENTATIVE OF AN INDUSTRIAL CONSUMER;".

HJR98-1044 be postponed indefinitely.

STATE, VETERANS AND MILITARY AFFAIRS

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

SB984 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend reengrossed bill, page 2, line 11, after "FEE", insert "PURSUANT TO SECTION 257114.7";

line 12, after "TO", insert "PRIVATE AND NONFEDERAL GOVERNMENTAL".

Page 3, after line 1, insert the following:

"(c) AS USED IN THIS SUBSECTION (7) AND IN SUBSECTION (8) OF THIS SECTION, THE TERMS &QUOT;FEDERAL PROPERTY AND FACILITIES&QUOT; AND &QUOT;FEDERAL ACTIVITIES&QUOT; DO NOT INCLUDE PROPERTY, FACILITIES, OR ACTIVITIES OF PRIVATE PARTIES ON FEDERAL LANDS PURSUANT TO A VALID FEDERAL RIGHTOFWAY, LEASE, LICENSE, OR PERMIT.";

line 6, strike "TO THE MAXIMUM EXTENT PRACTICABLE" and substitute "USING AVAILABLE, PRACTICABLE, AND TECHNOLOGICALLY FEASIBLE METHODS";

strike lines 18 and 19, and substitute "THE GOAL OF MINIMIZING EMISSIONS AS SET FORTH IN SAID PARAGRAPH (a).".

SB9841 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 3, line 15, strike &QUOT;SECTION 186406,&QUOT; and substitute &QUOT;SECTION 186401,&QUOT;.

Page 6, line 6, strike "Section 2475302(2)(k)" and substitute

"2475302 (2) (k), Colorado Revised Statutes,";

line 23, strike "Article" and substitute "Part 1 of article";

line 26, strike "SECTION&QUOT; and substitute "SECTION&QUOT;.

Page 7, line 2, strike "S.B.&QUOT; and substitute &QUOT;S.B.&QUOT;

_______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB98-1112; HJR98-1017, 1023; SB98-1, 73, 82, 102, 145.

______________

DELIVERY OF BILL TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bill has been delivered to the Office of the Governor: HB98-1112 at 5:00 p.m. on April 23, 1998.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has adopted and returns herewith: HJM98-1001.

The Senate has adopted and transmits herewith: SJM98-002.

_________

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

HB98- 1203, amended as printed in Senate Journal, April 9, page 739, and April 22, pages 929-930, and on Third Reading as printed in Senate Journal, April 23;

HB98- 1379, amended as printed in Senate Journal, April 22, page 929.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, HB98-1203 and 1379.

______________

INTRODUCTION OF RESOLUTION

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

SJM98-2 by Senator Blickensderfer; also Representative Schauer--Memorializing the United States Senate to ratify the protocol to the North Atlantic Treaty on the accession of the Czech Republic, Hungary, and Poland to NATO.

_______________

House in recess. House reconvened.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted the First Report of the First Conference Committee on HB98-1401, as printed in Senate Journal, April 23, and repassed the bill as amended. The bill is returned herewith.

The Senate has postponed indefinitely and returns herewith: HB98-1057, 1091, and 1406.

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on HB98-1401

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB 98-1401, concerning the payment of the expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 1998, except as otherwise noted has met and reports that it has agreed upon the following:

1. 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 18, line 1, in the GENERAL FUND column, strike "150,000" and, in the CASH FUNDS EXEMPT column, insert "150,000(T)^e";

after line 8, insert the following:

"^e This amount shall be from the Department of Natural Resources, Division of Wildlife.".

Adjust affected totals and affected (T) notation totals accordingly.

Page 55, line 5, in the ITEM & SUBTOTAL column, strike "6,922,757" and substitute "6,993,074" and, in the CASH FUNDS EXEMPT column, strike "796,257(T)^b" and substitute "866,574(T)^b";

line 6, in the CASH FUNDS EXEMPT column, strike "(14.5 FTE)" and substitute "(15.5 FTE)".

Adjust affected totals and affected (T) notation totals accordingly.

Page 57, line 3, strike "and";

line 4, strike "Program." and substitute "Program, and $70,317 shall be from the Department of Natural Resources, Division of Wildlife.".

Page 58, line 11, in the ITEM & SUBTOTAL column, strike "100,000" and substitute "50,000" and, in the GENERAL FUND column, strike "50,000".

Adjust affected totals accordingly.

Page 72, strike lines 13 through 15.

Adjust affected totals accordingly.

Page 91, line 10, in the ITEM & SUBTOTAL column, strike "30,361,681" and substitute "25,305,167", in the CASH FUNDS EXEMPT column, strike "5,350,000^b" and substitute "3,650,000^b", and, in the FEDERAL FUNDS column, strike "20,154,084" and substitute "16,797,570".

Adjust affected totals accordingly.

Page 92, strike line 2 and substitute the following:

"^b Of this amount, $650,000 shall be from a donation from The University Hospital and $3,000,000 shall".

Page 194, line 9, in the GENERAL FUND column, strike "(4.0 FTE)" and substitute "(3.0 FTE)".

Page 230, line 6, strike "funding the Department of Law solely with General Fund" and substitute "directly funding the Department of Law using all funds".

Page 244, strike lines 7 and 8 and substitute the following:

"^a This amount shall be from reserves in the Economic Development Fund pursuant to Section 24-46-105, C.R.S.".

Page 282, line 7, in the ITEM & SUBTOTAL column, strike "1,832,428" and substitute "2,032,428";

after line 7, insert the following:

ITEM &

SUBTOTAL

"Noxious Weed Control 200,000";

line 10, in the ITEM & SUBTOTAL column, strike "1,586,348" and substitute "1,660,652";

line 11, in the ITEM & SUBTOTAL column, strike "(35.5 FTE)" and substitute "(36.5 FTE)";

line 12, in the ITEM & SUBTOTAL column, strike "428,606" and substitute "1,154,302";

line 13, in the ITEM & SUBTOTAL column, strike "7,841,219" and substitute "9,041,219" and, in the CASH FUNDS column, strike "4,591,219^a" and substitute "5,791,219^a".

Adjust affected totals accordingly.

Page 283, after line 8, insert the following:

ITEM &

SUBTOTAL

"Chronic Wasting Disease Study 150,000".

Page 284, line 10, in the ITEM & SUBTOTAL column, strike "22,485,245" and substitute "22,635,245" and, in the CASH FUNDS column, strike "18,487,685^a" and substitute "18,637,685^a".

Adjust affected totals accordingly.

Page 284, line 12, strike "$18,486,073" and substitute "18,636,073".

Page 285, line 2, in the ITEM & SUBTOTAL column, strike "1,630,061" and substitute "1,690,407";

line 4, in the ITEM & SUBTOTAL column, strike "611,408" and substitute "621,379";

line 13, in the ITEM & SUBTOTAL column, strike "6,695,976" and substitute "6,766,293" and, in the CASH FUNDS column, strike "6,375,976^a" and substitute "6,446,293^a".

Adjust affected totals accordingly.

Page 285, line 15, strike "$5,695,596" and substitute "$5,765,913".

Page 391, strike lines 1 through 4.

Adjust affected totals accordingly.

Page 407, line 13, in the ITEM & SUBTOTAL column, strike "7,170,735" and substitute "7,148,140";

line 14, in the ITEM & SUBTOTAL column, strike "(148.6 FTE)" and substitute "(147.6 FTE)".

Page 408, line 9, in the TOTAL column, strike "11,668,743" and substitute "11,646,148" and, in the CASH FUNDS column, strike "8,786,318^a" and substitute "8,763,723^a".

Adjust affected totals accordingly.

Page 470, strike lines 8 through 10.

Adjust affected totals accordingly.

Page 540, strike lines 6 through 12 and substitute the following:

CAPITAL CASH

TOTAL CONSTRUCTION FUNDS

FUND EXEMPT

EXEMPT

$ $ $

"(3) CAPITAL CONSTRUCTION PROJECT

Asynchronous Transfer

Modes Telecommunications

Equipment,

Phase 2 of 3 1,546,904 464,071 1,082,833^a".

Adjust affected totals accordingly.

2. That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendments be recommended:

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

"Child Care and Development Block Grant".

Page 15, line 12, in the ITEM & SUBTOTAL column, strike "112,234" and substitute "112,102" and, in the GENERAL FUND column, strike "102,334" and substitute "102,202".

Adjust affected totals accordingly.

Page 16, line 7, in the ITEM & SUBTOTAL column, strike "200,978" and substitute "213,294" and, in the CASH FUNDS column, strike "63,035^b" and substitute "75,351^b".

Adjust affected totals accordingly.

Page 21, line 2, in the CASH FUNDS column, strike "8,000,000^a" and, in the CASH FUNDS EXEMPT column, insert "8,000,000^a".

Adjust affected totals accordingly.

Page 37, line 3, in the ITEM & SUBTOTAL column, strike "140,910" and substitute "129,770";

line 5, in the ITEM & SUBTOTAL column, strike "1,169,586" and substitute "1,158,446" and, in the GENERAL FUND column, strike "1,169,586" and substitute "1,158,446".

Adjust affected totals accordingly.

Page 44, line 5, strike "Subprogram" and substitute "Subprogram^16a".

Page 54, after line 6, insert the following:

"16a Department of Corrections, Inmate Programs, Volunteers Subprogram -- It is the intent of the General Assembly that the Department consider using some funds in this subprogram for services associated with matching inmates with individual volunteers to aid offenders in the transition process out of the Department's institutions.".

Page 59, line 6, in the ITEM & SUBTOTAL column, strike "1,846,364,021" and substitute "1,851,564,021" and, in the GENERAL FUND column, strike "1,770,528,939" and substitute "1,775,728,939".

Adjust affected totals accordingly.

Page 91, line 10, strike "Plan⁵¹" and substitute "Plan^{51, 51a}" and, in the GENERAL FUND column, strike "4,857,597(M)" and substitute "4,857,597".

Page 100, after line 11, insert the following:

"51a Department of Health Care Policy and Financing, Other Medical Services, H.B. 97-1304 Children's Basic Health Plan -- This appropriation assumes that ten percent for program administration is matched by Title XXI federal funds, assumes an average cost per child of $720 per year, and thus assumes an estimated annual caseload of 31,631 children. The Department is requested to report quarterly to the Joint Budget Committee, beginning October 1, 1998, on the program's projected administrative costs, and the federally reimbursable administration ratio as a percent of the total program, and on the program's estimated caseload.".

Page 106, line 3, strike "earnings." and substitute "earnings and is listed here for informational purposes.";

line 11, strike "Allocation" and substitute "Allocation^55b";

line 13, in the ITEM & SUBTOTAL column, strike "24,874,015" and substitute "25,074,015" and, in the CASH FUNDS EXEMPT column, strike "300,000^c" and substitute "500,000^c".

Adjust affected totals accordingly.

Page 107, line 3, strike "earnings." and substitute "earnings and is listed here for informational purposes.";

line 4, strike "^c This amount" and substitute "^c Of this amount, $300,000";

line 5, after the period, insert the following:

"Also, $200,000 (T) shall be from the Local Government Mineral Impact Fund pursuant to Section 34-63-102, C.R.S. This amount represents a 1999 calendar year grant; any unexpended balance on June 30, 1999 is intended to roll forward and remain available for expenditure in FY 1999-00.".

Adjust affected (T) notation totals accordingly.

Page 107, line 13, in the ITEM & SUBTOTAL column, strike "43,170,802" and substitute "43,455,802" and, in the CASH FUNDS EXEMPT column, insert "285,000(T)^d".

Adjust affected totals and affected (T) notation totals accordingly.

Page 108, line 3, strike "earnings." and substitute "earnings and is listed here for informational purposes.";

after line 4, insert the following:

"^d This amount shall be from the Local Government Mineral Impact Fund pursuant to Section 34-63-102, C.R.S. This amount represents a 1999 calendar year grant; any unexpended balance on June 30, 1999 is intended to roll forward and remain available for expenditure in FY 1999-00.".

Page 110, line 10, strike "earnings." and substitute "earnings and is listed here for informational purposes.".

Page 111, line 10, strike "earnings." and substitute "earnings and is listed here for informational purposes.".

Page 113, line 2, in the ITEM & SUBTOTAL column, strike "1,450,758" and substitute "1,774,709";

line 4, in the ITEM & SUBTOTAL column, strike "12,199,408" and substitute "12,857,391";

line 5, in the ITEM & SUBTOTAL column, strike "13,650,166" and substitute "14,632,100" and, in the FEDERAL FUNDS column, strike "13,650,166" and substitute "14,632,100".

Adjust affected totals accordingly.

Page 122, after line 3, insert the following:

"55b Department of Higher Education, State Board of Agriculture, General Fund and Tuition Allocation -- Consistent with the continuation of state policy under Section 23-31-135, C.R.S., this appropriation includes a support fee paid by each cooperative state or accountable student of $19,900.".

Page 129, line 5, in the ITEM & SUBTOTAL column, strike "19,979,751" and substitute "19,952,360";

line 6, in the ITEM & SUBTOTAL column, strike "(522.8 FTE)" and substitute "(521.9 FTE)";

line 7, in the ITEM & SUBTOTAL column, strike "2,157,493" and substitute "2,147,493".

Page 130, line 1, in the TOTAL column, strike "32,555,232" and substitute "32,517,841" and, in the GENERAL FUND column, strike "17,350,294(M)" and substitute "17,312,903(M)".

Adjust affected totals accordingly.

Page 142, line 10, in the GENERAL FUND column, strike "81,842,735 (M)^a" and substitute "76,642,735(M)^a" and, in the CASH FUNDS EXEMPT column, strike "105,990,833^b" and substitute "111,190,833^b".

Adjust affected totals accordingly.

Page 142, line 15, strike "$24,974,901" and substitute "$30,174,901".

Page 168, line 13, strike "package." and substitute "package in FY 1998-99.";

line 15, after "findings", insert "regarding the purchase of any such software";

line 16, strike "November 1, 1998." and substitute "August 1, 1998. Further, if spending authority is required, the Department is requested to submit a subsequent supplemental budget request accordingly.".

Page 177, line 4, strike "FY 1998-99" and substitute "FY 1999-00".

Page 191, line 1, in the ITEM & SUBTOTAL column, strike "1,231,666" and substitute "1,131,666" and, in the CASH FUNDS EXEMPT column, strike "276,190(T)^g" and substitute "176,190(T)^g";

line 2, in the CASH FUNDS EXEMPT column, strike "(6.0 FTE)" and substitute "(4.3 FTE)".

Adjust affected totals and affected (T) notation totals accordingly.

Page 192, strike lines 3 and 4 and substitute the following:

"^g This amount shall be from state Victims Assistance and Law Enforcement grant funds appropriated in the Department of Public Safety, Division of Criminal Justice.".

Page 203, line 11, strike "TRAINING⁷⁰" and substitute "TRAINING^{70, 116a}".

Page 207, line 11, in the GENERAL FUND column, strike "4,659" and, in the CASH FUNDS EXEMPT column, strike "795,213(T)^a" and substitute "799,872(T)^a".

Adjust affected totals and affected (T) notation totals accordingly.

Page 213, line 7, strike "package." and substitute "package in FY 1998-99.";

line 9, after "findings", insert "regarding the purchase of any such software";

line 10, strike "November 1, 1998." and substitute "August 1, 1998. Further, if spending authority is required, the Department is requested to submit a subsequent supplemental budget request accordingly.";

after line 14, insert the following:

"116a Department of Labor and Employment, Division of Employment and Training -- It is the intent of the General Assembly that the Department develop a plan to achieve efficiencies in the administration of Unemployment Insurance and Employment Programs. This plan shall include estimated implementation costs, an implementation schedule, and information on how the department intends to decrease costs in the Division in order to adjust to expected federal funding levels. This plan shall be submitted to the Joint Budget Committee no later than November 16, 1998.".

Page 217, line 5, strike "SECTIONS¹²¹" and substitute "SECTIONS^{121, 121a}".

Page 218, line 13, in the ITEM & SUBTOTAL column, strike "(173.8 FTE)" and substitute "(175.0 FTE)".

Page 221, line 14, in the CASH FUNDS EXEMPT column, strike "253,700(T)^I" and substitute "253,700(T)ⁱ".

Page 222, line 15, strike "^I This" and substitute "ⁱThis".

Page 225, after line 3, insert the following:

"121a Department of Law, General Enforcement and Appellate Sections -- It is the intent of the General Assembly that in FY 1998-99, the Department of Law be authorized to use up to $750,000 in custodial funds from the Consumer Protection and Antitrust Custodial Funds, designated by a Court for future consumer protection and antitrust enforcement purposes, to fund the State Tobacco Litigation.";

line 12, strike "drafting motions, legal research," and substitute "drafting,".

Page 229, line 7, strike "(LEGISLATIVE)^{4,
5, 5a}" and substitute "(LEGISLATIVE)^{4,
5, 128a}".

Page 230, line 6, strike "5a Legislative Department" and substitute "128a Legislative Department, Totals".

Page 244, line 12, in the ITEM & SUBTOTAL column, strike "993,200" and substitute "1,100,400" and, in the CASH FUNDS column, strike "643,200^a" and substitute "750,400^a";

line 15, in the ITEM & SUBTOTAL column, strike "1,500,800" and substitute "1,393,600" and, in the CASH FUNDS column, strike "1,500,800^a" and substitute "1,393,600^a".

Page 252, line 15, strike "134" and substitute "134".

Page 273, line 13, in the ITEM & SUBTOTAL column, strike "2,180,211" and substitute "2,179,305" and, in the CASH FUNDS column, strike "2,180,211^a" and substitute "2,179,305^a".

Adjust affected totals accordingly.

Page 274, line 4, strike "$11,472" and substitute "$10,566".

Page 286, line 14, in the ITEM & SUBTOTAL column, strike "4,259,741" and substitute "4,255,821";

line 15, in the ITEM & SUBTOTAL column, strike "16,474,824" and substitute "16,470,904" and, in the CASH FUNDS column, strike "16,474,824^a" and substitute "16,470,904^a".

Adjust affected totals accordingly.

Page 287, line 2, strike "$16,473,547" and substitute "$16,469,627".

Page 299, line 11, strike "SERVICES³²" and substitute "SERVICES^32, ^32a".

Page 308, line 10, in the ITEM & SUBTOTAL column, strike "443,217" and substitute "543,217";

line 15, in the ITEM & SUBTOTAL column, strike "15,563,974" and substitute "15,663,974" and, in the CASH FUNDS EXEMPT column, strike "14,842,382(T)^b" and substitute "14,942,382(T)^b".

Adjust affected totals and affected (T) notation totals accordingly.

Page 311, line 9, in the GENERAL FUND column, strike "146,279" and substitute "317,253" and, in the CASH FUNDS EXEMPT column, strike "1,685,660(T)^a" and substitute "1,514,686(T)^a".

Adjust affected totals and affected (T) notation totals accordingly.

Page 311, line 11, strike "$106,152" and substitute "$53,067" and strike "$1,415,356" and substitute "$1,323,086";

line 12, strike "$164,152" and substitute "$138,533".

Page 314, line 2, in the ITEM & SUBTOTAL column, strike "695,104" and substitute "17,100";

line 6, in the ITEM & SUBTOTAL column, strike "2,298,736" and substitute "2,928,736";

line 7, in the ITEM & SUBTOTAL column, strike "4,851,137" and substitute "5,634,510";

line 12, in the ITEM & SUBTOTAL column, strike "8,809,417" and substitute "9,544,786" and, in the CASH FUNDS EXEMPT column, strike "8,580,364(T)^b" and substitute "9,315,733(T)^b".

Adjust affected totals and affected (T) notation totals accordingly.

Page 315, line 1, strike "$8,555,364" and substitute "$9,290,733".

Page 322, after line 10, insert the following:

"32a Department of Personnel, Human Resource Services -- The Department of Personnel shall prepare a report for the Joint Budget Committee by October 1, 1998, making recommendations on a gain-sharing employee incentive program that could be incorporated into performance-based management and performance-based pay programs. At a minimum, the report should address feasibility, budget process, evaluation processes, and, if appropriate, enabling statutory requirements.".

Page 352, line 7, in the FEDERAL FUNDS column, insert "(0.7 FTE)".

Page 373, line 11, in the ITEM & SUBTOTAL column, strike "503,902" and substitute "535,246", in the GENERAL FUND column, insert "14,431", and, in the CASH FUNDS EXEMPT column, strike "503,902^j" and substitute "520,815^j".

Adjust affected totals accordingly.

Page 375, line 7, strike "$271,900" and substitute "$288,813".

Adjust affected Highway Users Tax Fund totals accordingly.

Page 376, line 11, in the ITEM & SUBTOTAL column, strike "5,296,114" and substitute "4,639,196", in the GENERAL FUND column, strike "464,437" and substitute "342,831", in the CASH FUNDS column, strike "160,221ⁱ" and substitute "116,604ⁱ", in the CASH FUNDS EXEMPT column strike "4,671,456^j" and substitute "4,175,490^j", and, in the FEDERAL FUNDS column, insert "4,271".

Page 378, line 10, in the ITEM & SUBTOTAL column, strike "5,726,489" and substitute "5,658,175", in the CASH FUNDS column, strike "93,936^b" and substitute "89,879^b", in the CASH FUNDS EXEMPT column, strike "5,541,406^u" and substitute "5,476,602^u", and, in the FEDERAL FUNDS column, strike "91,147" and substitute "91,694".

Adjust affected totals accordingly.

Page 379, strike lines 11 and 12 and substitute the following:

"^j Of this amount, $3,856,239 shall be from the Highway Users Tax Fund, $289,251(T) shall be from user fees collected from state agencies, and $30,000(T) shall be from Limited Gaming funds appropriated in the Department of Revenue.".

Adjusted affected (T) notation totals and affected Highway Users Tax Fund totals accordingly.

Page 380, strike line 8 and substitute the following:

"^u Of this amount, $5,281,920 shall be from the Highway Users Tax Fund and $194,682 shall be from various exempt local sources.".

Adjusted affected Highway Users Tax Fund totals accordingly.

Page 387, line 12, in the ITEM & SUBTOTAL column, strike "21,223" and substitute "21,147" and, in the GENERAL FUND column, strike "15,447" and substitute "15,371".

Adjust affected totals accordingly.

Page 390, line 8, in the GENERAL FUND column, strike "2,041,269" and substitute "2,109,583" and, in the CASH FUNDS EXEMPT column, strike "241,803(T)^a" and substitute "173,489(T)^a".

Adjust affected totals and affected (T) notation totals accordingly.

Page 395, line 14, strike "$1" and substitute "$2".

Page 405, line 12, in the ITEM & SUBTOTAL column, strike "17,759,534" and substitute "17,904,833";

after line 12, in the ITEM & SUBTOTAL column, insert "(1.6 FTE)";

line 13, in the TOTAL column, strike "28,132,674" and substitute "28,277,973" and, in the CASH FUNDS column, strike "27,097,217^a" and substitute "27,242,516^a".

Adjust affected totals accordingly.

Page 406, line 1, strike "$17,759,534" and substitute "$17,904,833".

Page 419, line 13, in the ITEM & SUBTOTAL column, strike "6,717,611" and substitute "6,714,847".

Page 420, line 3, in the TOTAL column, strike "6,772,946" and substitute "6,770,182" and, in the CASH FUNDS EXEMPT column, strike "6,114,101^b" and substitute "6,111,337^b".

Adjust affected totals and affected Highway Users Tax Fund totals accordingly.

Page 423, strike line 15 and substitute the following:

"set forth in Section 24-75-201.1 (1)(a)(III)(C), C.R.S.".

Page 431, strike line 6 and substitute the following:

"prioritization of its programming projects by November 1, 1998, particularly those that the Department refers to as discretionary enhancements. This report should indicate the ranking".

Page 445, line 13, strike "12-47.1-701 (c)(I)," and substitute "12-47.1-701(1)(c)(I),".

Page 466, line 2, strike "San Carlos" and substitute "Skyline Correctional Center, Centennial Correctional Center,";

line 3, strike "Correctional Facility";

line 13, strike "and";

line 14, strike "Women's" and substitute "Women's, and Soil Remediation at Fremont Correctional Facility".

Page 467, line 15, strike "Phase 1" and substitute "Phase 1 of 2".

Page 469, line 8, strike "Phase 2" and substitute "Phase 3".

Page 474, strike line 9 and substitute the following:

"(2) TRUSTEES OF THE STATE COLLEGES".

Page 480, line 5, strike "Replace Leaking Condensate" and substitute "Chloroflourocarbon";

line 6, strike "Line, South Campus Loop" and substitute "Chiller Replacement".

Page 531, after line 8, insert the following:

ITEM & CASH FUNDS

SUBTOTAL EXEMPT

$ $

"Major Repairs/

Minor Recreation

Improvements 2,400,000 2,400,000^a".

Adjust affected totals accordingly.

Page 536, after line 4, insert the following:

ITEM & CASH FUNDS

SUBTOTAL EXEMPT

$ $

"Lower Arkansas River

Commission Implementation

Plan^4a 5,000,000 5,000,000^a";

Adjust affected totals accordingly.

Page 543, line 16, in the CAPITAL CONSTRUCTION FUND EXEMPT column, strike "754,497" and substitute "233,299" and, in the CASH FUNDS EXEMPT column, insert "521,198^b".

Adjust affected totals accordingly.

Page 544, line 4, strike "^b This amount" and substitute "^b These amounts".

Adjust affected Highway Users Tax Fund totals accordingly.

Page 544, line 7, in the CASH FUNDS EXEMPT column, strike "$525,000^a" and substitute "$525,000".

Page 545, line 2, in the CAPITAL CONSTRUCTION FUND EXEMPT column, strike "300,857" and substitute "317,770" and, in the CASH FUNDS EXEMPT column, strike "133,124^a" and substitute "116,211^a".

Adjust affected totals and affected Highway Users Tax Fund totals accordingly.

Page 546, strike lines 9 and 10 and substitute the following:

"2 Capital Construction, Department of Higher Education, Trustees of the State Colleges, Capital Construction Project, Unified Technical Education Center -- It is the intent of the General Assembly that these funds be transferred from the Trustees of the State Colleges to the Grand Valley Board of Cooperative Educational Services, Unified Technical Education Center, for the purchase of equipment. It is also the intent of the General Assembly that this appropriation supersede any provision to the contrary, and that upon passage of this act, no further appropriation of state funds shall be requested or authorized for this project.".

Page 547, after line 4, insert the following:

"4a 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 Reservoirs pursuant to Section 33-1-101 (3.5) (a), C.R.S. The provisions of Section 3 (1) (a) of H.B. 98-1401 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, 1999. At the end of this time period, any unexpended funds shall revert to the Wildlife Cash Fund from which they were appropriated.".

Respectfully submitted,

House Committee: Senate Committee:

Tony Grampsas Elsie Lacy

David Owen Tom Blickensderfer

James Rizzuto

______________

CONSIDERATION OF CONFERENCE COMMITTEE REPORT

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

(Conference Committee Report printed in House Journal, April 23, pages 1461-1473.)

On motion of Representative Anderson, the rules were suspended for immediate consideration of Conference Committee Report on HB981401.

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

YES 36 NO 26 EXCUSED 3 ABSENT 0

Adkins Y
Agler Y
Alexander Y
Allen Y
Anderson Y
Arrington N
Bacon N
Berry, G. Y
Chavez N
Clarke N
Dean Y
Dyer Y
Entz YEpps Y
Faatz Y
George Y

Gordon N
Gotlieb Y
Grampsas Y
Grossman N
Hagedorn N
Hefley Y
Johnson Y
June N
Kaufman Y
Keller N
Kreutz Y
Lawrence Y
Leyba N
Mace N
May Y
McElhany Y

McPherson Y
Miller Y
Morrison Y
Musgrave Y
Nichol N
Owen E
Pankey N
Paschall N
Pfiffner N
Reeser N
Romero N
Salaz E
Saliman N
Schauer Y
Sinclair E
Smith Y

Snyder N
Spradley Y
Sullivant Y
Swenson Y
Takis N
Tate N
Taylor Y
Tool Y
Tucker Y
Tupa N
Udall N
Veiga N
Williams, S. N
Williams, T. Y
Young Y
Zimmerman N
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 37 NO 25 EXCUSED 3 ABSENT 0

Adkins Y
Agler Y
Alexander Y
Allen Y
Anderson Y
Arrington N
Bacon N
Berry, G. Y
Chavez Y
Clarke N
Dean Y
Dyer Y
Entz Y
Epps Y
Faatz Y
George Y

Gordon N
Gotlieb Y
Grampsas Y
Grossman Y
Hagedorn N
Hefley Y
Johnson Y
June N
Kaufman Y
Keller Y
Kreutz Y
Lawrence Y
Leyba N
Mace N
May N
McElhany Y

McPherson Y
Miller Y
Morrison Y
Musgrave N
Nichol N
Owen E
Pankey N
Paschall N
Pfiffner N
Reeser N
Romero Y
Salaz E
Saliman N
Schauer Y
Sinclair E
Smith Y

Snyder N
Spradley Y
Sullivant N
Swenson Y
Takis N
Tate N
Taylor Y
Tool Y
Tucker Y
Tupa N
Udall Y
Veiga N
Williams, S. N
Williams, T. Y
Young N
Zimmerman N
Mr. Speaker Y

Co-sponsor added: Representative Anderson.

_______________

MESSAGES FROM THE GOVERNOR

I certify I received the following on the 22nd day of April, 1998, at 4:04 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 22, 1998

The Honorable Colorado

House of Representatives

Sixty-first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I am returning to you House Bill 98-1005, AConcerning Reduction of Property Taxes,@ which I vetoed today at 10:04 a.m. This letter sets forth my reasons for vetoing the bill.

This bill would permanently exempt the first $25,000 of the actual value of a business= personal property from school district property taxes, the primary source of local funding for operating Colorado=s schools. In 1996, I signed a bill which provided limited business personal property tax reduction because I thought it was responsible and affordable. But this legislation, which is similar to bills I vetoed in 1996 and 1997, is something we cannot afford. Let me restate my reasons for opposing this action.

HB 1005 would cause a substantial reduction in the assessed valuation of personal property as applied to school districts= general fund levy, which would have a significant effect on the local property tax base, and consequently on the public schools.

The bill would reduce revenue to local school districts by $16.3 million in fiscal year 2000, and a total of $84.5 million over 5 years. Under the bill, state government would back fill revenue lost to school districts. I do not believe that we should create a circumstance where local school districts are even more dependent on state revenues to meet their traditional obligations. State government already provides nearly 60% of funds for operating the schools, up from 40% just 10 years ago. And, while the state might be able to afford this back filling now, in future years, we may not.

As I stated in my veto message earlier this year, I am concerned about enacting permanent tax cuts because under TABOR, the General Assembly cannot reinstate them in future years if the situation warranted. In addition, we cannot approach tax policy on a piece-meal basis. We need a comprehensive review of our tax system, which the legislature has not yet conducted. Before we cut any tax of this significance, we should make sure our overall tax system B property, income, sales, and other taxes B is fair and makes sense for our economy.

Permanent tax cuts may be politically appealing in the short-term, but in the long-term they hurt our ability to keep Colorado strong. One of our fundamental responsibilities as elected officials is to ensure a long-term, stable funding base for public education, public safety, transportation, and other essential services for the people of Colorado. HB 1005 undermines that funding base, both at the state and local level, and it is unwise.

Right now, we have good economic times in Colorado, and we have budget surpluses. But even now, this legislature is not providing enough money for our schools to keep up with inflation. Even now, public schools are being squeezed.

Over the next 5 years, we can, and should, return a portion of the surplus to citizens, and make key investments in transportation and capital construction for schools and higher education. We can take these steps, and at the same time increase funding for schools because we have a strong revenue base.

But neither the good times nor the budget surpluses will last forever. I remember when the economy was not so strong, when we were unable to adequately fund education and transportation. As long as I am Governor, I will do everything in my power to make sure we are not in that position again.

Colorado has become one of the strongest economies in the nation because over the last decade we have made wise investments, enacted sound policies and worked in every community to help create good jobs and ensure economic growth and opportunity. To continue on this course, we must be thoughtful in these good economic times. And that means managing our fiscal policy responsibly, and making critical investments in education, transportation and other priorities.

House Bill 1005 does not keep us on this responsible course, and I have therefore vetoed it.

Sincerely,

(signed)

Roy Romer

Governor

_________

April 22, 1998

The Honorable Colorado

House of Representatives

Sixty-first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I am returning to you House Bill 98-1140, AConcerning the Reestablishment of an Exclusive Schedule for Permanent Partial Disability, and, in Connection Therewith, Increasing the Amount of Benefits Received Under the Schedule and Limiting Benefits for Mental Stress,@ which I vetoed today at 10:15 a.m. This letter sets forth my reasons for vetoing the bill.

This bill would make major changes in Colorado=s workers= compensation laws. First, it would prohibit combining a Ascheduled injury@ with a Anon-scheduled injury@ to achieve a whole person rating. Second, it would also prohibit combining a scheduled injury with mental or emotional stress to achieve a whole person rating. Third, the bill would put a twelve week limit on benefits to injured workers who have mental impairment arising from an on-the-job injury.

I am vetoing the bill because it is unfair to workers with serious multiple injuries. If workers have multiple injuries, they should be compensated for the compounded effect of those injuries. The separate treatment of scheduled, non-scheduled and mental or emotional stress injuries would reduce injured workers= compensation for their injuries.

The practice of treating injuries separately directly conflicts with the AAmerican Medical Association Guides to the Evaluation of Permanent Partial Impairment@ in determining the disability. These guidelines, developed by the national medical community, instruct that the consequences of an impairment cannot be understood without taking the whole person into account. H.B. 1140 would prohibit such consideration.

During my tenure as Governor, I have worked with businesses, labor organizations, and the legislature to craft workable solutions to ensure a workers= compensation system that is equitable and fair to both employees and employers. Our reforms in 1991 are working B premiums have dropped by one-fourth, from the 5^th highest to 30^th, and benefits are in the top ten. There is no evidence that mental stress claims have increased dramatically. These reforms are working, and any changes to the system must come from a negotiated consensus among affected groups. They must not be one-sided.

H.B. 1140 was reviewed by the workers= compensation advisory review group which I requested to analyze proposed workers= compensation changes. This group, composed of management and labor, reviewed workers= compensation related issues during the 1998 legislative session. Because there was no consensus on the need for this major change in our workers= compensation laws, I have vetoed the bill.

Sincerely,

(signed)

Roy Romer

Governor

_________

April 22, 1998

The Honorable Colorado

House of Representatives

Sixty-first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I am returning to you House Bill 98-1149, AConcerning the Creation of the Colorado Health Care Task Force, and, In Connection Therewith, Abolishing the Joint Review Committee for the Medically Indigent and the Medical Assistance Reform Advisory Committee and Replacing Such Committees with the Colorado Health Care Task Force,@ which I vetoed today at 10:07 a.m. This letter sets forth my reasoning for vetoing the bill.

This bill would create a Health Care Task Force to examine medically indigent and medical assistance issues and make legislative recommendations. I support the general concept of the bill, and I believe the task force would make an important contribution.

However, I am vetoing the bill because the appointment process is fundamentally unfair to the minority party in the House. The Senate had amended the bill so that the President of the Senate would appoint two members and the Minority Leader of the Senate would appoint one member. Likewise, the Speaker of the House would appoint two members, and the Minority Leader of the House would appoint one member. This was done to conform with Colorado=s tradition of having most boards be bi-partisan.

In the House, the bill was amended so that the Speaker would appoint all three House appointments, excluding the Minority Leader from the process. The bill left the Senate appointments the same. There is only one reason for the House changeCpure partisan politics. I do not contest the right of the majority party to have more appointments than the minority party. But there is a line between exercising the power of the majority and being blatantly unfair. This bill crosses that line.

Colorado courts have long recognized that the minority party is entitled to fair treatment, particularly when it comes to appointments. In a 1984 case which gave the minority party the right to appoint members to the Joint Budget Committee, then Chief Judge of the Denver District Court Clifton Flowers said Ait is not only legally right that the minority party choose its members of a joint committee as important as the Joint Budget Committee, but it is also fair.@ His wisdom is as true now as it was then.

The bill also fails to provide adequate consumer representation on the task force, with only one consumer representative. Consumers have a unique voice to bring to the table regarding health care, and this voice should heard through more than one representative. The task force members should be evenly represented by both the health care industry and the consumer community.

I believe the Health Care Task Force would perform a beneficial role, and if the General Assembly sends me a bill that allows the Minority Leader of the House to make an appointment and that includes adequate consumer representation, I will sign it.

Sincerely,

(signed)

Roy Romer

Governor

_________

April 22, 1998

The Honorable Colorado

House of Representatives

Sixty-first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I am returning to you House Bill 98-1154, AConcerning Requirements Related to the Payment of Unemployment Insurance Benefits,@ which I vetoed today at 10:09 a.m. This letter sets forth my reasoning for vetoing the bill.

The bill would prohibit the payment of unemployment benefits to employees who leave their jobs for Acompelling personal reasons@ not attributable to employment.

Under certain circumstances, individuals can receive benefits if they successfully demonstrate a compelling personal reason for leaving their job. When this is the basis of an unemployment benefit request, the Department of Labor and Employment (DOLE) can review the facts on a case by case basis, and act appropriately.

However, under this bill, DOLE would have no discretion to grant benefits to these individuals. I am concerned that this blanket prohibition would extend to victims of domestic violence. There are cases where acts of violence or threatened violence can cause an employee to reasonably feel compelled to leave his or her employment, especially when the workplace is targeted. I believe that the law must continue to have the flexibility to these cases into account.

Some argue that employers should not have to pay benefits to victims of domestic violence because it is a non-work related problem. Yet if an employee separates from work because of health problems or alcohol or substance abuse, they can receive unemployment benefits. I believe that domestic violence is a significant public health issue and warrants similar consideration.

Finally, addressing the problem of domestic violence makes good business sense. The Bureau of National Affairs estimates that domestic violence costs employers $3-5 billion annually in lost days of work and productivity. In some cases the only way for a victim to escape an abusive situation is to leave a job and seek new employment.

It is unwise to eliminate in all circumstances the ability of workers to receive unemployment benefits because of Acompelling personal reasons@. For this reason I have vetoed H.B. 1154.

Sincerely,

(signed)

Roy Romer

Governor

_________

April 22, 1998

The Honorable Colorado

House of Representatives

Sixty-first General Assembly

Second Regular Session

Denver, CO 80203

Ladies And Gentlemen:

I am returning to you House Bill 98-1165, AConcerning a Change in State Income Tax Policy to Encourage Donations of Food to Qualified Nonprofit Organizations that Provide Food to Needy Individuals Free of Charge,@ which I vetoed today at 10:08 a.m. This letter sets forth my reasoning for vetoing the bill.

I support efforts to feed needy Coloradans, and I praise citizens in the agricultural and nonprofit communities who today spend many hours at this task.

HB 1165 would add two new permanent state income tax credits. First, a farmer who donates crops to feed the needy by allowing others to come onto his or her land to glean crops could claim a credit in the amount of 25% of the wholesale market price of the gleaned crop. Second, HB 1165 establishes a new credit for any individual who donates food to a tax exempt organization who feeds the needy. The donor could claim 25% of the total value of this donation.

However, I don=t think these new credits are necessary because the current corporate tax code already contains an income tax credit for a taxpayer who donates crops or livestock to a tax exempt charitable organization. The current credit is 25% of the market price, not to exceed $1,000 per tax year. In addition, both farmers and individuals who donate food to charitable organizations may claim a charitable deduction on their federal income tax returns, which also reduces state liability.

Perhaps the most troublesome part of HB 1165 is the in-kind donation credit for anyone who donates food. This credit is too broad. There are already federal & resulting state tax benefits for donation of food. Additional tax breaks for individuals are unnecessary, and there is no evidence that additional tax incentives will increase overall giving.

As I have stated in vetoing other tax bills, my obligation as Governor is to ensure a long-term, stable funding base for public education, public safety, transportation, health care and other essential services for the people of Colorado. Undermining that base by any amount is unwise. Right now, we have good economic times in Colorado, along with

budget surpluses. But this will not last forever. I remember when our economy was not so strong, and we were unable to adequately fund education and transportation. I will do everything in my power to make sure we are not in that position again.

Because of TABOR, this cut is permanent and the General Assembly would be unable to reinstate it in future years if the situation warranted it. Only a statewide vote of the people could restore these taxes.

In sum, we must preserve the state revenue base for the long-term needs. Our current tax law already encourages donations to feed the needy. HB 1165 will not increase donations, but would reduce our state revenue base, and therefore, I am vetoing it.

Sincerely,

(signed)

Roy Romer

Governor

_________

April 22, 1998

The Honorable Colorado

House of Representatives

Sixty-first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I am returning to you House Bill 98-1214, AConcerning the Exemption of Farm Equipment from State Sales and Use Tax,@ which I vetoed today at 10:11 a.m. This letter sets forth my reasons for vetoing the bill.

This bill would permanently exempt from state sales and use taxes the purchase of farm equipment having a market value of $1,000 or more. The bill defines farm equipment as tractors, implements of husbandry, irrigation systems and other tangible personal property used primarily and directly in a farming operation. This exemption would reduce general fund revenues by about $4 million this year, and over $20 million over the next five years.

Proponents of this bill argue that Colorado farm equipment dealers are at a business disadvantage because neighboring states do not levy sales tax on similar purchases, resulting in lost sales to other states. As you know, I am in the farm equipment business, and have heard these arguments.

However, current law requires that when a person buys any tangible personal property, including farm equipment, in another state and uses it in Colorado, the buyer is required to pay a use tax to Colorado. The purpose of the use tax is to ensure that there is no advantage to buying the equipment from out of state. Therefore, the real remedy for any unfair competition faced by Colorado farm equipment dealers is to make sure the use tax is collected properly. I have instructed the Department of Revenue to work to ensure that everyone pays their fair share of taxes on farm equipment, no matter where it is purchased.

Also, with the exception of machines used in manufacturing, equipment used in most other industries is subject to the sales tax, and I am concerned about singling out another specific industry, even as one as critical to Colorado as agriculture, for special treatment.

In addition, as I stated in other veto messages, I am concerned about enacting permanent tax cuts because under TABOR, the General Assembly cannot reinstate them in future years if the situation warranted. Also, we cannot approach tax policy on a piece-meal basis. We need a comprehensive review of our tax system, which the legislature has not yet conducted. We should make sure our overall tax system B sales, use, property, income, and other taxes B is fair and makes sense for our economy.

Permanent tax cuts may be politically appealing in the short-term, but in the long-term they hurt our ability to keep Colorado strong. One of our fundamental responsibilities as elected officials is to ensure a long-term, stable funding base for public education, public safety, transportation, and other essential services for the people of Colorado. Undermining that funding base by any amount is unwise.

HB 1214 does not keep us on this responsible course, and there is an existing remedy for any inequities in the system. Therefore, I have vetoed it.

Sincerely,

(signed)

Roy Romer

Governor

_________

April 22, 1998

The Honorable Colorado

House of Representatives

Sixty-first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I am returning to you House Bill 98-1300, AConcerning State Entities that Provide Legal Representation for Indigent Persons,@ which I vetoed today at 10:13 a.m. This letter sets forth my reasoning for vetoing this bill.

House Bill 98-1300 would replace the existing Public Defender and Alternate Defense Counsel commissions with larger commissions, and alter the way members are selected. In addition, the bill would provide for increased formal oversight of the commissions by the General Assembly.

I am vetoing this bill because I am not aware of any problems with the existing system. Currently, the Chief Justice of the Colorado Supreme Court selects the members, and the commissions already are accountable to the legislature through the budget process.

Under this bill the governor would make five appointments, and the Speaker of the House and the President of the Senate one each. I object to removing the power of appointment from the judiciary, and placing it in the hands of elected officials. I believe that this will unwisely and unnecessarily politicize the public defender system.

The Public Defender and the Office of Alternate Defense Counsel serve an essential service: providing legal representation for those accused of criminal offenses who are unable to afford their own attorney, as provided for in the U.S. Constitution.

Public Defenders often represent individuals who are accused of heinous crimes, and their causes are unpopular. But our legal system is based on the principle that all defendants are entitled to adequate legal representation. To ensure that our judicial system is fair and just and that it passes constitutional muster, these attorneys must not be subject to electoral political concerns. I am concerned that they would be if we took the appointment power away from the non-partisan judicial branch.

In the absence of compelling evidence that the current system requires reform,

I am vetoing this measure to help ensure that politics will not hamper the constitutional responsibilities of these important offices.

Sincerely,

(signed)

Roy Romer

Governor

_______________

On motion of Representative Schauer, the following remarks were ordered printed in the journal:

Letter read by Representative Morrison, written by her daughter:

Dear Mom and Dad,

I'll probably never remember to send you this letter, but I'm writing it anyway since I'm the only person awake on the entire train and you know how bored I get with no one to talk to. We are traveling across Germany, having left Poland via Prague two days ago, and being that the images are fresh in my mind I thought I'd jot down a few of my thoughts.

In Warsaw we came across swastikas twice - once on the outside of a factory and once on the wall of the only remaining synagogue in Warsaw. The swastika on the synagogue had been painted next to the entrance, which was badly damaged during a recent fire bombing of the building. This sight, in a city where 500,000 Jews lived before the war but only a few hundred live now, was a powerful reminder that the past was alive and well in the present. When I asked our guide Robert about the swastika and the fire bombing, he said it was probably the work of "hoodlums" and gently reminded me--the righteous American--that the United States also has our share of "hoodlums." This is true I admitted, but when the synagogue was fire bombed and vandalized was there any reaction or outrage among the citizens of Warsaw? Robert smiled at me and said that the Polish people have had very hard lives - occupation during the war followed by years of suffering behind the Iron Curtain - a little graffiti on a synagogue is not enough to inspire a reaction. We then spoke a great deal about perception.

I told him that for years one particular scene from the acclaimed documentary film Shoah stuck in my mind more than any other. The director, Claude Lanzman, asked various Poles what they had perceived as happening to the Jews during the war. Several people said they had no idea what was happening even though they lived in places where they were exposed to the deportation and murder of their Jewish neighbors. Robert claims that this perception that the Poles were unconcerned by the Holocaust is an unfair stereotype. There's that word again. He then took us to meet an elderly Jewish couple in a small city about 45 minutes from Warsaw and about 30 minutes from the death camp at Treblinka. They are the only Jews left in a city where 30,000 Jews once lived. A Polish woman saved the man. He lived in the rafters of her house. When I asked her about the role of the Polish people during the war she simply said, "Don't blame the Poles. Germany was to blame."

Another survivor whom we spoke with had entirely different view. The women, born in Poland, survived the Lodz ghetto, Auschwitz, slave labor, the bombing of Berlin, a death march, and imprisonment in two other concentration camps in Germany. She claims and strongly believes that the Polish culture was steeped in centuries of anti-semitism and therefore fertile ground for a genocide.

I guess you are probably curious as to my reaction to the death camps. Although I intellectually knew that these evil infernos were located in close proximity to cities and villages, I now see how close. At Treblinka, a real village, at least 800,000 Polish Jews perished in just over a year. We visited the same day as a group of Israeli teenagers. Just as American high school seniors often visit Washington D.C., Israeli teenagers visit Poland prior to graduation and the army. Seeing those kids holding the Israeli flag in the snow and singing Hatikvah, the Israeli national anthem is a picture that I will forever hold close to my heart.

Auschwitz-Birkenau is as frightening as I imagined it to be. It was snowing the day we were there. In my mind I heard the voices of the survivors telling their stories of how they stayed alive in a place so awful it is beyond comprehension. The barracks were long flimsy sheds, which housed up to 500 people at time, and the latrines were cement holes - 30 or 40 to a row, side by side. It was so cold. Yet the prisoners were forced to stand for hours in tedious roll calls with barely any clothes or shoes. In my mind Auschwitz had to be far away from the rest of humanity, yet it was only 45 minutes away from big cities.

OK. They are closing the dining car, which means I have to finish up. Here are my final thoughts. The elderly woman (whom I mentioned earlier) asked me about my parents. When I said you (Mom) were a politician she was surprised. She said she is still shocked to hear that Jews are active in the political process. Citizen activism was one of the most important lessons American Jews learned form the Holocaust and a strong value in my own family. One must speak up for what one believes and for those who cannot, I always tell people that "petition" and "concerned citizen" were probably my first words. I thank you for setting such a strong example. Thank you for encouraging me to explore our history; to see the country from where my great-grandparents were born and fled; and for instilling in me tolerance and an appreciation of others.

Love,

Bren

_________

Reaction to the Holocaust Resolution, written by Marla A. Zeiderman and read by Representative Grossman:

To remember the Holocaust is to remember the past. It is our duty to make future generations aware of the horrible atrocities that plagued this century. Not only must we do this for ourselves but for our survivors. Their first-hand accounts are beginning to dissipate along with the memory of the Holocaust. We, the next generation, the future leaders, are also the grandchildren of these persevering people. I find myself angry and discouraged to know that there are people who continually deny the Holocaust's existence. For me, it's like denying the existence of my grandparents and therefore myself. Acknowledging the Holocaust, those who instigated it, those who watched, and those who helped, is important not only to me, but to those who surround me. They, along with this horrible event, have helped shape and define my life. They have taught me to question events, discover their purpose, and to speak out against things I do not approve. I know that I must be an active leader in my community and in everything I do, I must work with others to ensure that no one person could ever again have complete control.

I believe education is the key. To teach is to remember and to prevent. Understanding the worlds' biggest failure, idleness, is only the beginning.

This Holocaust Awareness Day provides me with a moment to reflect and commemorate the Holocaust. It is a time for me to look towards the future while never forgetting the past. Thus, we all must work together, put aside our differences and grievances to ensure that history will never be doomed to repeat itself.

_________

Holocaust Remembered, written by Jon Japha and read by Representative Saliman:

Why should we remember? Why should we study what happened over a half century ago? Why should we recall events that occurred on another continent to people that we never knew? Why, after 50 years, do we still hold on to an event that has nothing to do with our everyday lives? The answer is simple: it is our duty. It is not our duty to remember the past because we will repeat the same events. There is not an individual among us capable of simulating the destruction perpetuated by Adolf Hitler. The reason we must study the Holocaust and work to remember what occurred in Germany in the 1940's is to remember its lessons.

While each individual is not capable of killing millions of innocent people, each one of us, regardless of race, gender, or religion is capable of judging others that are different. Each one of us has, at some time in our lives, looked down upon someone else because of who they are or what they believed. If there is something to be learned from the Holocaust, it is that small, isolated acts of hatred against others add up, they keep growing until they grow into something bigger. In Germany, it did not seem to matter if one person hated Jews or Gypsies or Homosexuals until that number grew. Finally it grew so large that people were indifferent if their neighbors were killed. Probably we won't see something like that in our country in our lifetimes; probably we won't ever have to face a tyrant who breaks through the threads of our democratic society. But from remembering the Holocaust, we learn not to ever let someone like that take power. We learn to be tolerant towards others and never give any individual or faction the opportunity to destroy the morals of America. It is important to look at the numbers of deaths and the ways that one person was almost able to wipe out an entire people, but the reason that we must remember, the reason that there must be Holocaust Remembrance Day, is so that each one of us can be reminded that hatred and intolerance towards anyone, no matter how small the act may seem, is destructive and has the ability to fester into an event that our children will be forced to remember.

_________

Reaction to Holocaust Resolution, written by Jessica Quiat and read by Representative Gordon:

This is a modern society where freedom is often emphasized. I am perplexed as to how the whole horror of the Holocaust occurred. I shudder to think of the person who could not only organize the mass murder of millions, but also the people who willingly participated. How could they be made of the same flesh and blood as you and I? Still worse, this isn't ancient history. It occurred so recently that survivors live to speak of the atrocities. I wonder what drove the will and hearts of those who committed the horrors, or those who allowed it to occur. I cannot fathom a hatred so great that would give anyone the desire to take one, much less millions, of precious lives.

There are those amazing people who stood up for what was right. Most chanced their own life to hide a few strangers. It must have taken a great deal of determination to act this way. I am in awe of the person who is driven to act so proactively and stand up against the crowd.

This proclamation is important - very important. It forces us all to remember the Holocaust and the people involved. Let the lessons of this disaster be broadened to fit daily life. If you see a law or ruler that is unjust, what do you do about it? Perhaps you, like so many others grumble about how someone else should do something? I strongly believe that it is our human duty to stop the prejudice, vote against the Hitler, and stand up for what is right. It's part of being a living, breathing person. as it has been so aptly said before by Eldridge Cleaver, "You're either part of the solution or you're part of the problem." However difficult it may be, the lives of so many worthy people depend on the actions of each person. Just think, if someone had spoken against Hitler one day earlier, how many lives could have been saved?

_________

Remarks by Representative Gordon:

Fellow representatives this is the sixth year I have spoken on the occasion of our Holocaust Resolution.

In the past I have spoken about by grandmother's family who in 1916 were killed by Ukrainian Cossacks because they were Jews.

I have spoken about how much of what was done by the Nazis was preceded by a lawful process of gradual dehumanization done in a legal form called the Nuremberg laws. And we need to remember that there were other victims - homosexuals, catholics and other clergy, and Gypsies.

I have spoken about how as a teenager and later as an adult, I came to wonder about how such a thing could happen and the old explanation that Hitler was a madman did not suffice to explain the activities of a whole country. I came to understand that Hitler and his Germany considered themselves to be victims. And I told you that I believed that people who self-identify as victims are capable of great evil because they feel justified in shedding the normal strictures of humanity. They feel wronged and feel that they are acting in self defense. The Nazis thought that there was a vast Jewish international conspiracy that allied with communism was intent on enslaving Europe. The power of this paranoid conception was enough to drive Germany to the brink of world domination only to be stopped by the greatest of exertions by the world's democracies.

So I see democracy as the protection against the kind of evil that caused the Holocaust. Not just because Democracy is the natural enemy of tyranny, but because the nature of a democratic state should prevent the kind of paranoid conspiracy theories that lead people to act out of irrational evil. And because I believe that the people who do great evil do not do so as a conscious object but as a result of their own deep feelings of fear and helplessness. It is counter-intuitive but it is true. There is not enough pure malice in the world to account for the Holocaust. I believe that it was caused by twisted terror. We cannot conceive of it. But we cannot conceive of what it is like to lose a world war, to have foreign soldiers walking our soil and raping the women and then to have a depression that wipes out the small security and treasure that was accumulated by a generation of labor.

It is important for us to look at the reality of the causation because if we think that Hitlerism and Nazism were caused by madness and sophisticated malice then we will miss seeing it, even if it is happening around us and events like the Oklahoma bombing, the killing of Omar Dia, and violence committed against homosexuals makes me fear that it is.

Democracy in its ideal is incompatible with the kind of political evil of Second World War Germany, because people who feel in control of their lives and their society do not fall into the paranoia that those who feel helpless and hopeless do.

So because Democracy is not only the action of the spirit and power of adult human beings seeking security and happiness but is also a fortress against the demons that from time to time lead whole societies to irrational cruelty, brutality and murder, it is appropriate to examine the state of our democracy.

Democracy is not an object like a school or a stadium. It is not a theory like Marxism or capitalism and it is not a document like the Declaration of Independence or the Constitution. It is an on the ground process of learning, acting and participating.

And because people have stopped voting in the United States and can't identify their elected representatives and don't know how the two candidates in an election defer on issues, and because hundreds of millions of campaign dollars are spent on mindless name recognition television ads--our democracy is in trouble. Maybe not today when the economy is good but tomorrow when people are out of work and being evicted and they see some conspiracy at work. A conspiracy that is not any less frightening for being imaginary.

I am not one who thinks that the people are right whatever they do. I do not absolve them from the responsibility for voting and knowing how the candidates that they vote for stand on issues. But I think we have a responsibility as well, because people need to believe that it is worth their effort to find out who we are and how we stand on issues. We hold a trust--so we need to act trustworthy or we cannot blame them for not voting and holding paranoid views about who has the real power in the society. We need to conduct ourselves in such a manner that our sovereigns, the people, feel and know that they have the political power in our society and they need not be fearful that their government works for someone else.

Thank you for your time.

_________

Holocaust Awareness Day Resolution Response, written by Brandy Herman and read by Representative Gotlieb:

As an 18 year old living in a predominantly secular area, this resolution means a great deal to me. My high school has very few practicing Jews-and because they are of such a minority, Jewish holidays and celebrations are often overlooked with many not understanding the beliefs or practices of Judaism. That is why Holocaust Awareness Day is so important.

Many of my friends have often questioned or wondered about certain aspects of Judaism which mean a great deal to me and I always answer them, because no matter how basic or complex the question is, the answer furthers their understanding and prevents the kind of ignorance which led to the hatred of the Holocaust. After all, many individuals have never come in contact with a Jew before, and therefore have no one to educate them about the falsity of stereotypes. I have met a few people who fit this description and although they do not recognize their ignorance, to me, it is still extremely disturbing and frightening.

Although it may be difficult to educate the entire world about Judaism and about other religions, having a Holocaust Day is a step in the right direction.

Since the generation which experienced the Holocaust first hand is slowly disappearing, it is imperative that such a day has been established. Although the witnesses to the actual events may physically die, their messages and stories must never leave our hearts, so that future generations do not suffer from the ignorance that was so prominent during the Holocaust.

By the government making such a statement to the public, that we need to remember the tragedy of the Holocaust, it is also making the statement that we need to better understand one another, so that an event such as the Holocaust will never re-occur. I strongly commend the government's efforts to remember our ancestors who died because of ignorance and hatred.

_________

Remarks by Representative Gotlieb:

I wear a button purchased from the National Holocaust Museum in Washington D.C. It says, "Never again." Those are not just words to me. They represent a way of thinking which has governed my life. I stand before you in memory and in honor of the grandparents I never knew, who lost their lives, not because of who they were or had become, but rather merely because of what they were. And though I cannot change the suffering in the entire world, within whatever capacity I have been able to muster, I have dedicated the life I was gifted, due the fortunate circumstances which caused my parents to escape in the nick of time, just as Hitler was marching into their city, to ferociously protecting the individual rights and personal freedoms of those around me.

The Holocaust - 1938. Sixty years ago. Did it really happen? Did we learn anything? are we so quick to forget? Genocide. We will wipe out those who we think are lesser than our ideal. We will make them disappear from our sight, so that we do not have to deal with them. We will pretend they do not exist. They make us uncomfortable. They do not believe as we do. They are not like us.

The National socialist Party started small, started with a insignificant cadre of people, who listened to the doctrine of powerful speakers and, eventually, one powerful speaker. The original members of the group recruited others to their cause, some weak, some strong, and the movement grew. The principles of the fledgling party postulated that only a certain type of people were acceptable. That only one philosophy, one way of thinking, was acceptable. That people who didn't fit the certain stereotype, or hold to the specific way of thinking, were to be first ridiculed, then shunned and ostracized, then tattooed with numbers and adorned with identifying signs, then walled into specific areas, then jailed, and then, eventually, taken away to their ultimate disappearance, into dehumanizing camps with gas chambers, and the subsequent sacrilegious reprehensible mass graves. And, eventually, to any who decided they no longer wished to tow the party line, there was also disciplinary action, at the least, and for many, the ultimate of consequences - just for disagreeing, or for choosing to befriend another person, even one's own spouse, or even just for being afraid.

But we all know that can't happen here. Not here in the United States of America. It really can't happen here.

Or can it?

_______________

LAY OVER OF CALENDAR ITEMS

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

Consideration of Resolutions--HJR98-1011, 1021, 1029, 1032, 1035, 1040, HR98-1009, HJR98-1045, SJR98-26, HJR98-1041, 1042.

Consideration of Memorial--HM98-1005.

Consideration of Senate Amendments--HB98-1234, 1256, 1144, 1171, 1390, 1391, 1396.

Consideration of Governor's Veto--HB98-1065.

_______________

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

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk