Prayer by Rabbi Yakov 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--61.

Absent and excused--Representatives May, McPherson, Paschall, Romero--4.

Present after roll call--Representatives May, McPherson, Paschall, Romero.

The Speaker declared a quorum present.

_______________

On motion of Representative Johnson, the reading of the journal of February 18, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

______________

PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed: HCR98-1006.

________________

On motion of Representative Schauer, 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.)

HB98-1060 by Representatives Schauer and Taylor; also Senator Wattenberg--Concerning the regulation of public utilities by the public utilities commission.

Laid over until February 20, retaining place on Calendar.

HB98-1251 by Representative Snyder; also Senator Wattenberg--Concerning the custody of county funds, and, in connection therewith, specifying the county treasurer's authority as custodian of county funds and moneys and limiting the board of county commissioners' authority to appoint one or more custodians of county funds.

Amendment No. 1, Local Government Report, dated February 2, 1998, and placed in member's bill file; Report also printed in House Journal, February 3, page 343.

As amended, declared lost on Second Reading.

HB98-1226 by Representative Adkins--Concerning limitations on the provision of health education.

Amendment No. 1, by Representative Kreutz.

Strike the State, Veterans, and Military Affairs Committee Report, dated February 3, 1998, and substitute the following:

"Amend printed bill, page 1, strike lines 2 through 6.

Strike page 2.

Page 3, strike lines 1 through 18.

Renumber succeeding sections accordingly.

Page 3, strike lines 20 and 21 and substitute the following:

"22­25­106 (4) (b), and 22­25­106 (4) (b) (II), Colorado Revised Statutes, are amended, and the said 22­25­106 (4) (b) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:"

strike lines 24 through 26 and substitute the following:

"(4) (a)  Each local comprehensive health education program which THAT is adopted by a school district or board of cooperative services shall include a procedure to exempt a student, upon request of the parent or guardian of such student. from a specific portion of the program on the grounds that it is contrary to the religious beliefs and teachings of the student or the student's parent or guardian.".

Page 4, strike lines 1 through 3;

strike lines 8 through 19, and substitute the following:

"(II)  The curriculum and materials to be used shall be made available for public inspection at reasonable times and reasonable hours and a public forum to receive public comment upon such curriculum and materials shall be held; AND

(III)  VERBAL NOTIFICATION OF SUCH LOCAL COMPREHENSIVE HEALTH EDUCATION PROGRAM SHALL ALSO BE GIVEN BY A HOMEROOM TEACHER OR OTHER TEACHER OF THE SCHOOL DISTRICT TO THE PARENTS OR GUARDIANS OF STUDENTS DURING THE COURSE OF REGULARLY SCHEDULED PARENT­TEACHER CONFERENCES.".

Page 5, line 6, strike "22­25­106 (4). and" and substitute "22­25­106 (4); and";

strike lines 7 through 10 and substitute the following:

"(b)  Establish a procedure to exempt a student, upon request of the parent or guardian of such student, from ALL OR ANY PART OF a specific portion of the health education program. on the grounds that it is contrary to the religious beliefs and teachings of the student or the student's parent or guardian."."

Amendment No. 2, by Representative Adkins.

Amend the Amendment No. 1, by Representative Kreutz, printed in House Journal page 664, after line 38, insert the following:

"Page 3, before line 19, insert the following:

"SECTION 1. 22­25­104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

22­25­104. Colorado comprehensive health education program ­ role of department of education ­ recommended curriculum guidelines ­ allocation of funds ­ rules and regulations. (1.5) NO SCHOOL DISTRICT OR BOARD OF COOPERATIVE SERVICES THAT ESTABLISHES A LOCAL COMPREHENSIVE HEALTH EDUCATION PROGRAM PURSUANT TO THIS ARTICLE SHALL REQUIRE A STUDENT TO PARTICIPATE IN SUCH PROGRAM.".".

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

HB98-1021 by Representatives Pfiffner, Clarke, and Leyba; also Senators Bishop, Linkhart, Powers, and Reeves--Concerning the enterprise status of higher education auxiliary facilities, and, in connection therewith, extending the expiration date of the designation of auxiliary facilities as enterprises and modifying the list of auxiliary facilities that are designated as enterprises.

Amendment No. 1, by Representative Pfiffner.

Amend printed bill, page 3, strike line 5 and substitute the following:

"(I)  Internal services operations;".

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

HB98-1203 by Representative Smith; also Senator Perlmutter--Concerning deceptive trade practices relating to the sale of manufactured homes.

Amendment No. 1, Agriculture, Livestock and Natural Resources Report, dated January 28, 1998, and placed in member's bill file; Report also printed in House Journal, January 30, page 284.

Amendment No. 2, by Representative Smith.

Amend the Agriculture, Livestock, and Natural Resources Committee Report, dated January 28, 1998, page 1, strike lines 1 through 3, and substitute the following:

"Amend printed bill, page 2, strike line 1, and substitute the following:

"THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:";

after line 5 of the printed bill, insert the following:

"(13.5)  "UNAVOIDABLE DELAY" MEANS AN ACT OF GOD, THE PUBLIC ENEMY, A LABOR STRIKE, OR SOME OTHER EVENT THAT COULD NOT HAVE BEEN REASONABLY FORESEEN AT THE TIME OF THE PARTIES' ENTERING INTO A CONTRACT.";

strike lines 11 through 26 of the printed bill.

Page 3 of the printed bill, strike lines 1 through 10, and substitute the following:

"(qq)  EXCEPT WITH RESPECT TO ACTIVITIES SUBJECT TO ARTICLE 61 OF TITLE 12, C.R.S., IN CONNECTION WITH THE ADVERTISEMENT OR SALE OF A MANUFACTURED HOME:

(I)  FAILS TO DISCLOSE CLEARLY AND CONSPICUOUSLY IN THE CONTRACT THE DATE ON WHICH THE MANUFACTURED HOME WILL BE DELIVERED, SUBJECT TO THE POSSIBILITY OF UNAVOIDABLE DELAY;

(II) (A)  FAILS TO ESCROW ALL HOME SALE DEPOSITS IN A SEPARATE"";

line 7 of the committee report, strike "AMOUNTS ACTUALLY PAID" and substitute "HOME SALE DEPOSITS";

strike line 16 of the committee report, and substitute the following:

"THE SELLER SHALL DISCLOSE IN THE CONTRACT THAT THE BUYER MAY HAVE NO LEGAL RIGHT TO RESCIND THE CONTRACT UNLESS SPECIFICALLY PROVIDED BY THE TERMS OF THE CONTRACT OR FOR DELINQUENT DELIVERY AND THAT THE SELLER HAS A SEPARATE";

line 17 of the committee report, strike "SALES RECEIPTS" and substitute "HOME SALE DEPOSITS";

line 20 of the committee report, strike "AMOUNTS RECEIVED" and substitute "HOME SALE DEPOSITS".

Page 2 of the committee report, line 8, strike "(VI)" and substitute "(III)";

line 11, strike "THIRTY" and substitute "SIXTY".

Amendment No. 3, by Representative Smith.

Amend the Amendment No. 2, by Representative Smith, printed in House Journal page 666, strike lines 22 through 25 and substitute the following:

""(13.5)  "UNAVOIDABLE DELAY" MEANS INCLEMENT WEATHER AND OTHER EVENTS OUTSIDE THE CONTROL OF THE BUYER OR SELLER.";".

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

HB98-1256 by Representatives Anderson and Tool; also Senator Wham--Concerning the retention of state revenues in excess of the constitutional limitation on state fiscal year spending for certain fiscal years for the purpose of financing certain government purposes, and, in connection therewith, providing financial assistance for public school capital construction projects and providing additional revenues for state and local transportation needs and for public higher education capital construction projects.

Amendment No. 1, Finance Report, dated February 12, 1998, and placed in member's bill file; Report also printed in House Journal, February 13, page 523.

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

HB98-1231 by Representatives Tool, Anderson, Dean, Entz, and Sullivant; also Senators J. Johnson, B. Alexander, and Chlouber--Concerning an assistance program for school district capital construction.

Amendment No. 1, by Representative Tool.

Amend printed bill, page 4, line 3, strike "BILL 98­____," and substitute "BILL 98­1256,".

Amendment No. 2, by Representative Saliman.

Page 4, line 25, strike "AREAS." and substitute "AREAS, OR INVOLVING THE INCORPORATION OF TECHNOLOGY INTO THE EDUCATIONAL ENVIRONMENT.".

Amendment No. 3, by Representative Saliman.

Amend printed bill, page 5, line 8, after the period, add "INDIVIDUAL SCHOOLS MAY APPLY FOR MATCHING GRANTS THROUGH THE SCHOOL DISTRICT IN WHICH THE SCHOOLS ARE LOCATED AND THE SCHOOL DISTRICT MAY, IN TURN, APPLY TO THE STATE BOARD FOR SUCH GRANTS PURSUANT TO THIS SECTION.".

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

HB98-1287 by Representative Tucker; also Senator Wham--Concerning access to state parks for disabled persons.

Amendment No. 1, Finance Report, dated February 11, 1998, and placed in member's bill file; Report also printed in House Journal, February 13, pages 523-524.

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

HB98-1337 by Representative Kaufman; also Senator Matsunaka--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, and requiring notice of meetings of a unit owners' association's executive board or committee thereof.

Laid over until February 20, retaining place on Calendar.

HB98-1305 by Representative Grossman; also Senator Wham--Concerning adjustments to a limited area of the boundary between two contiguous counties that may be made without an election if one of such counties exceeds a population of four hundred thousand.

Amendment No. 1, Local Government Report, dated February 11, 1998, and placed in member's bill file; Report also printed in House Journal, February 13, pages 491-492.

Amendment No. 2, by Representative Grossman.

Amend the Local Government Committee Report, dated February 11, 1998, page 1, line 16, strike "CONSTITUTION;" and substitute "CONSTITUTION AND THE GOVERNING BODIES OF SUCH COUNTIES HAVE CONSENTED BY RESOLUTION TO THE ADJUSTMENT;".

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

HB98-1192 by Representative Paschall; also Senator Mutzebaugh--Concerning strategies for the protection of air quality in carbon monoxide nonattainment areas under the state implementation plan, and, in connection therewith, directing the air quality control commission to require the use of oxygenated fuels only as a contingent strategy for such areas that have been redesignated as attainment areas.

Laid over until February 20, retaining place on Calendar.

HB98-1300 by Representative Adkins; also Senator Wham--Concerning state entities that provide legal representation for indigent persons.

Amendment No. 1, by Representative Adkins

Amend printed bill, page 7, line 25, strike "COMMISSION," and substitute "COMMISSION AND";

strike line 26 and substitute the following:

"THE GENERAL ASSEMBLY. Colorado supreme court. The chief".

Amendment No. 2, by Representative Adkins

Amend printed bill, page 7, strike lines 5 through 7 and substitute the following:

"SOUGHT THE DEATH PENALTY AND THE COSTS INCURRED BY THE DEPARTMENT IN CONNECTION WITH THE DEFENSE OF SAID CASES; AND".

Page 13, strike lines 22 through 24 and substitute the following:

"PROSECUTION SOUGHT THE DEATH PENALTY AND THE COSTS INCURRED BY THE DEPARTMENT IN CONNECTION WITH THE DEFENSE OF SAID CASES; AND".

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

HB98-1274 by Representatives Gordon and Owen; also Senator Blickensderfer--Concerning the authority of the executive director of the department of personnel to allocate depart-ental powers, duties, and functions within the department.

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

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

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

HB98-1332 by Representative Sullivant--Concerning authorization of persons who have obtained special license plates for disabled veterans to make use of parking privileges for persons with disabilities.

Amendment No. 1, by Representative Sullivant.

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

"SECTION 1.  42­3­115.5 (5) (a), Colorado Revised Statutes, is amended to read:

42­3­115.5.  Special plates ­ military veterans ­ rules. (5)  Disabled veterans. (a) (I)  The disabled veteran special license plate shall indicate that the owner of the motor vehicle to which such license plate is attached is a disabled veteran of the United States armed forces.

(II)  IN ADDITION TO REQUIREMENTS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (a), IF THE APPLICANT DEMONSTRATES THAT HE OR SHE HAS A PHYSICAL IMPAIRMENT AFFECTING MOBILITY UNDER THE STANDARDS PROVIDED IN SECTION 42­3­121 (1), THEN SUCH SPECIAL LICENSE PLATE SHALL HAVE AN ADDITIONAL IDENTIFYING FEATURE, AS DETERMINED BY THE DEPARTMENT, TO INDICATE THAT THE OWNER OF THE VEHICLE IS AUTHORIZED TO MAKE USE OF PARKING PRIVILEGES FOR PERSONS WITH DISABILITIES. ".

Renumber succeeding sections accordingly.

Page 2, line 1, strike "UNDER SECTION 42­3­115.5 (5)." and substitute "WITH THE IDENTIFYING FEATURE FOR A PERSON WITH A PHYSICAL IMPAIRMENT AFFECTING MOBILITY UNDER SECTION 42­3­115.5 (5) (a) (II).";

line 4, after "PLATES", insert "WITH THE IDENTIFYING FEATURE FOR A PERSON WITH A PHYSICAL IMPAIRMENT AFFECTING MOBILITY UNDER SECTION 42­3­115.5 (5) (a) (II)";

line 12, after "PLATES", insert "WITH THE IDENTIFYING FEATURE UNDER SECTION 42­3­115.5 (5) (a) (II)";

strike line 18, and substitute the following:

"VETERANS CONTAINING THE IDENTIFYING FEATURE UNDER SECTION 42­3­115.5 (5) (a) (II).";

line 22, after "(5)", insert "(a) (II)".

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

HB98-1363 by Representatives Taylor and Allen--Concerning the provision by electors of the last four digits of an elector's social security number in connection with voter registration.

Amendment No. 1, State, Veterans, and Military Affairs Report, dated February 12, 1998, and placed in member's bill file; Report also printed in House Journal, February 13, page 495.

Amendment No. 2, by Representative Dean.

Amend the State, Veterans, and Military Affairs Committee Report, dated February 12, 1998, page 2, after line 3, insert the following:

"(b)  NO REGISTERED ELECTOR SHALL BE PROHIBITED FROM VOTING AT ANY ELECTION FOR FAILURE TO PROVIDE THE LAST FOUR DIGITS OF THE ELECTOR'S SOCIAL SECURITY NUMBER OR THE ELECTOR'S FULL SOCIAL SECURITY NUMBER PURSUANT TO A REQUEST MADE PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (4).";

line 4, strike "(b)" and substitute "(c)".

Amendment No. 3, by Representative Taylor.

Amend printed bill, page 2, strike line 1 and substitute the following:

"NUMBER, IF THE ELECTOR WISHES TO STATE IT;".

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

HB98-1093 by Representative Veiga; also Senator Mutzebaugh--Concerning elections for members of the board of directors of the regional transportation district.

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 (HB98-1265, 1327, 1335) was laid over until February 20, retaining place on Calendar.

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representatives Paschall, Arrington, and Musgrave moved to amend the Report of the Committee of the Whole to show that Amendment No. 1, by Representative Kreutz (printed in House Journal page 664 lines 23-56, page 665 lines 1-19), as amended by the Adkins amendment (printed in House Journal page 665 lines 21-37), to HB 98­1226 did not pass, that the following Paschall amendment, as amended by the following Adkins amendment, to HB 98­1226 did pass, and that HB 98­1226, as amended, did pass.

Strike the State, Veterans, and Military Affairs Committee Report, dated February 3, 1998, and substitute the following:

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

"SECTION 10  22­25­103 (3), Colorado Revised Statutes, is amended, and the said 22­25­103 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

22­25­103.  Definitions. As used in this article, unless the context otherwise requires:

(3)  "Comprehensive health education" means a planned, sequential health program of learning experiences in preschool, kindergarten, and grades one through twelve which THAT shall include, but shall not be limited to, the following topics:

(a)  Communicable diseases, including, but not limited to, acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) related illness;

(b)  Community and environmental health;

(c)  Consumer health;

(d)  Dental health;

(e)  Tobacco, alcohol, and other drug use;

(f)  Human growth and development; EXCEPT AS DEFINED IN SUBSECTION (5.5) OF THIS SECTION;

(g)  Hereditary and developmental conditions; EXCEPT AS DEFINED IN SUBSECTION (5.5) OF THIS SECTION;

(h)  Mental and emotional health;

(i)  Nutrition, personal health, and physical fitness;

(j)  Family life education; EXCEPT AS DEFINED IN SUBSECTION (5.5) OF THIS SECTION;

(k)  Injury prevention, safety, motor vehicle safety, and emergency care; AND

(l)  High­risk behaviors and concerns; and

(m)  Age appropriate instruction on family roles and expectations, child development, and parenting; EXCEPT AS DEFINED IN SUBSECTION (5.5) OF THIS SECTION.

(5.5)  "SEX EDUCATION" MEANS THAT PORTION OF THE LOCAL COMPREHENSIVE HEALTH EDUCATION PROGRAM THAT SHALL INVOLVE AGE APPROPRIATE INSTRUCTION AND SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING TOPICS:

(a)  COMMUNICABLE DISEASES, INCLUDING, BUT NOT LIMITED TO, ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HUMAN IMMUNODEFICIENCY VIRUS (HIV) RELATED ILLNESS;

(b)  HUMAN GROWTH AND DEVELOPMENT, AS THEY RELATE TO HUMAN REPRODUCTIVE HEALTH EDUCATION;

(c)  HEREDITARY AND DEVELOPMENTAL CONDITIONS, AS THEY RELATE TO HUMAN REPRODUCTIVE HEALTH EDUCATION;

(d)  FAMILY LIFE EDUCATION, AS IT RELATES TO HUMAN REPRODUCTIVE HEALTH EDUCATION;

(e)  HIGH­RISK BEHAVIORS AND CONCERNS; AND

(f)  FAMILY ROLES AND EXPECTATIONS, CHILD DEVELOPMENT, AND PARENTING, AS THEY RELATE TO HUMAN REPRODUCTIVE HEALTH EDUCATION; AND

(g)  HUMAN REPRODUCTIVE HEALTH EDUCATION, HUMAN REPRODUCTIVE ANATOMY, AND METHODS OF CONTRACEPTION; EXCEPT THAT THIS PARAGRAPH (g) SHALL NOT BE CONSTRUED TO INCLUDE INSTRUCTION IN THE REGULAR COURSE OFFERINGS OF BIOLOGY, HUMAN PHYSIOLOGY, OR HUMAN ANATOMY.

SECTION 20  22­25­106 (4), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

22­25­106.  Local comprehensive health education programs ­ establishment of comprehensive health education advisory councils. (4) (c)  NOTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (4) TO THE CONTRARY, A SCHOOL DISTRICT SHALL OBTAIN WRITTEN PERMISSION FROM A PARENT OR LEGAL GUARDIAN OF ANY STUDENT PRIOR TO THE SCHOOL DISTRICT BEGINNING ALL OR ANY INSTRUCTION IN THE SEX EDUCATION PORTION OF A LOCAL COMPREHENSIVE HEALTH EDUCATION PROGRAM DURING THAT ACADEMIC YEAR OR SEMESTER.

SECTION 30  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.".".

_________

Representative Adkins' amendment:

Amend the above Paschall amendment, page 673, after line 1, insert the following:

"SECTION 2. 22­25­104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

22­25­104. Colorado comprehensive health education program ­ role of department of education ­ recommended curriculum guidelines ­ allocation of funds ­ rules and regulations. (1.5) NO SCHOOL DISTRICT OR BOARD OF COOPERATIVE SERVICES THAT ESTABLISHES A LOCAL COMPREHENSIVE HEALTH EDUCATION PROGRAM PURSUANT TO THIS ARTICLE SHALL REQUIRE A STUDENT TO PARTICIPATE IN SUCH PROGRAM.".

Renumber succeeding section accordingly.

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

YES 29 NO 35 EXCUSED 1 ABSENT 0

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

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

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

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

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB98-1226 amended, 1021 amended, 1203 amended, 1256 amended, 1231 amended, 1287 amended, 1305 amended, 1300 amended, 1274, 1293, 1332 amended, 1363 amended, 1093.

Lost on Second Reading: HB98-1251 amended.

Laid over until date indicated retaining place on Calendar: HB98-1060, 1337, 1192, 1265, 1327, 1335--February 20, 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 64 NO 0 EXCUSED 1 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 E Epps Y Faatz Y George Y

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

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

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has postponed indefinitely and returns herewith: HB98-1113.

_______________

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.

HCR98-1005 by Representatives Pankey, Allen, Arrington, June, Kaufman, Romero, and Swenson; also Senator Mutzebaugh--Submitting to the registered electors of the state of Colorado an amendment to article XI of the constitution of the state of Colorado, concerning the pledging of certain state-owned real property for the financing of transportation system projects through public-private partnerships.

Laid over until February 23, retaining place on Calendar.

HB98-1221 by Representative Kaufman; also Senator Wham--Con-cerning a process for attorney general review of significant transactions effecting the transfer of assets or control of a hospital.

The question being "Shall the bill pass?".

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

YES 64 NO 0 EXCUSED 1 ABSENT 0

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 E Epps Y Faatz Y George Y

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

McPherson Y Miller Y Morrison Y Musgrave Y Nichol Y Owen Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y 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, Chavez, Clarke, George, Hagedorn, Lawrence, Udall, S.Williams.

HB98-1104 by Representatives Veiga and Swenson; also Senator Tebedo--Concerning certain required automobile insurance coverage amounts.

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 38 NO 26 EXCUSED 1 ABSENT 0

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

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

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

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

Co-sponsors added: Representatives Alexander, Leyba, Paschall, Reeser.

HB98-1100 by Representatives Salaz, Arrington, Epps, Lawrence, McElhany, Musgrave, Paschall, Sinclair, and T. Williams; also Senator Lamborn--Concerning the reduction of the state income tax rate.

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 35 NO 29 EXCUSED 1 ABSENT 0

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

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

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

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

Co-sponsors added: Representatives G.Berry, Dean, May, Pankey, Pfiffner, Spradley, Taylor.

HB98-1260 by Representatives Salaz, McElhany, Pankey, McPherson, Arrington, Dean, Lamborn, Musgrave, Owen, Paschall, Pfiffner, Smith, Taylor, and Young; also Senator B. Alexander--Concerning restrictions on the regulation of firearms by local governments.

Pursuant to House Rule 16, Representative Salaz moved "Shall the main question be now put?" The motion was declared passed by the following roll call vote:

YES 38 NO 26 EXCUSED 1 ABSENT 0

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

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

McPherson Y Miller Y Morrison Y Musgrave Y Nichol Y Owen Y Pankey Y Paschall Y Pfiffner N Reeser N Romero N Salaz Y Saliman N Schauer Y Sinclair Y 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 pass?".

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

YES 43 NO 21 EXCUSED 1 ABSENT 0

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

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

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

Co-sponsors added: Representatives Adkins, Alexander, Anderson, Epps, George, Sullivant.

HB98-1160 by Representative Adkins; also Senator Wham--Concerning substantive changes for the strengthening of the criminal laws, and making an appropriation therefor.

The question being "Shall the bill pass?".

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

YES 49 NO 15 EXCUSED 1 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 E 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 N Mace N May Y McElhany Y

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

Co-sponsors added: Representatives Arrington, Epps, George, Hagedorn, Nichol, Reeser, Schauer.

HB98-1146 by Representative Allen--Concerning an expedited dismissal procedure for public school teachers whose performance remains unsatisfactory following completion of intensive remediation.

Laid over until February 23, retaining place on Calendar.

HB98-1101 by Representative Young; also Senator Wattenberg--Concerning regulation of the livestock industry by the division of brand inspection in the department of agriculture, and, in connection therewith, increasing fees for livestock inspection, providing for the public sale of abandoned brands, creating an annual transportation permit for cattle and alternative livestock, and authorizing the certification of feedlots by the state board of stock inspection commissioners.

The question being "Shall the bill pass?".

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

YES 64 NO 0 EXCUSED 1 ABSENT 0

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 E Epps Y Faatz Y George Y

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

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

HB98-1131 by Representative K. Alexander; also Senator Bishop--Concerning self-sufficiency for persons with disabilities by assuring reliable facilitative technology.

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 54 NO 10 EXCUSED 1 ABSENT 0

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

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

McPherson N Miller Y Morrison Y Musgrave Y Nichol Y Owen N Pankey Y Paschall N Pfiffner N Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y 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 N Zimmerman Y Mr. Speaker Y

Co-sponsors added: Representatives Chavez, Keller, Morrison.

HB98-1250 by Representative Kaufman; also Senator Reeves--Concerning electronic filing requirements relating to amounts deducted and withheld from employee wages for state income tax purposes.

The question being "Shall the bill pass?".

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

YES 57 NO 7 EXCUSED 1 ABSENT 0

Adkins Y Agler N Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz E Epps Y Faatz N 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 N Miller Y Morrison Y Musgrave N Nichol Y Owen Y Pankey Y Paschall N Pfiffner N Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y 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 N Zimmerman Y Mr. Speaker Y

HB98-1269 by Representative Sinclair; also Senator Powers--Concerning an exemption from state use tax for certain donations of manufactured goods by the manufacturer of such goods.

The question being "Shall the bill pass?".

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

YES 65 NO 0 EXCUSED 0 ABSENT 0

Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y 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 Y Mace Y May Y McElhany Y

McPherson Y Miller Y Morrison Y Musgrave Y Nichol Y Owen Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y 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 Epps, Leyba, McElhany, Morrison, Salaz, Tucker, Tupa, Veiga, Zimmerman, Mr. Speaker.

HB98-1271 by Representative Spradley; also Senator Dennis--Concerning the state estate tax.

The question being "Shall the bill pass?".

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

YES 65 NO 0 EXCUSED 0 ABSENT 0

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 Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y 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 George, Hefley, Lawrence, Pfiffner, Young, Mr. Speaker.

HB98-1279 by Representatives Tupa, Gordon, Allen, Bacon, G. Berry, Chavez, Dean, Dyer, June, Kaufman, Lamborn, Mace, Morrison, Saliman, Swenson, Veiga, S. Williams, T. Williams, and Zimmerman; also Senators Reeves, Hernandez, Pascoe, Rupert, and Thiebaut--Concerning the issuance of special license plates for alumni associations of institutions of higher education located in Colorado.

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 58 NO 7 EXCUSED 0 ABSENT 0

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

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

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

Snyder N 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 Lawrence.

HB98-1309 by Representative Gotlieb; also Senator Chlouber--Concerning the requirement of health insurers to provide coverage for the treatment of diabetes.

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 45 NO 20 EXCUSED 0 ABSENT 0

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

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

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

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

Co-sponsors added: Representatives Chavez, George, Gordon, Mace, Morrison, Tupa, S.Williams.

HB98-1328 by Representative Gordon--Concerning additional restrictions on activities by minors related to tobacco.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a

majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 63 NO 2 EXCUSED 0 ABSENT 0

Adkins Y Agler Y Alexander Y Allen N 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 Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y Smith Y

Snyder Y Spradley Y Sullivant Y Swenson Y Takis N 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, Dean, Musgrave, Paschall, Saliman, Tupa, S.Williams.

HB98-1236 by Representative Epps; also Senator Coffman--Concerning placements of offenders after completion of a regimented inmate discipline program.

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 62 NO 3 EXCUSED 0 ABSENT 0

Adkins N 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 N Lawrence N Leyba Y Mace Y May Y McElhany Y

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

HB98-1264 by Representatives Adkins and Kaufman; also Senator Wells--Concerning discovery procedures in class 1 felony cases.

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 58 NO 7 EXCUSED 0 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 N Mace Y May Y McElhany Y

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

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

Co-sponsors added: Representatives Epps, Nichol.

HB98-1368 by Representative Adkins; also Senator Mutzebaugh --Concerning scientific and cultural facilities districts, and, in connection therewith, authorizing the inclusion of all of Douglas county in the Denver metropolitan scientific and cultural facilities district and authorizing the creation of scientific and cultural facilities districts that are not coterminous with county boundaries.

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 58 NO 7 EXCUSED 0 ABSENT 0

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

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

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

Snyder Y Spradley Y Sullivant N 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

HCR98-1001 by Representatives Pankey, Agler, and Lawrence; also Senators Wham, Lacy, and Weddig--Submitting to the registered electors of the state of Colorado an amendment to article IV of the constitution of the state of Colorado, concerning modifications to the old age pension program, and, in connection therewith, providing for a phased-in increase in the minimum age of eligibility from age sixty to coincide with the retirement age for social security, retaining the minimum age of sixty for persons who are disabled or unemployable, authorizing the recovery of interim assistance reimbursement payments, providing that these constitutional changes shall apply to applicants on or after January 1, 1999, and that there shall be no interruption or change in benefits to recipients currently receiving the old age pension, and, increasing the cap on the state-only health and medical care program for old age pensioners.

The question being "Shall the resolution pass?".

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

YES 44 NO 21 EXCUSED 0 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 N Hagedorn N Hefley Y Johnson Y June Y Kaufman Y Keller N Kreutz Y Lawrence Y Leyba N Mace N May Y McElhany Y

McPherson Y Miller N Morrison N Musgrave Y Nichol N Owen Y Pankey Y Paschall Y Pfiffner Y Reeser N Romero N Salaz Y Saliman N Schauer Y Sinclair Y 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. Y Williams, T. Y Young Y Zimmerman N Mr. Speaker Y

The complete text of HCR98-1001, as amended, is printed House Journal pages 688-690.

HB98-1114 by Representatives Pankey, Agler, and Lawrence; also Senators Wham, Lacy, and Weddig--Concerning implementation of constitutional changes to the old age pension program, 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 44 NO 21 EXCUSED 0 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 N Hagedorn N Hefley Y Johnson Y June Y Kaufman Y Keller N Kreutz Y Lawrence Y Leyba N Mace N May Y McElhany Y

McPherson Y Miller N Morrison N Musgrave Y Nichol N Owen Y Pankey Y Paschall Y Pfiffner Y Reeser N Romero N Salaz Y Saliman N Schauer Y Sinclair Y 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. Y Williams, T. Y Young Y Zimmerman N Mr. Speaker Y

HCR98-1004 by Representatives Dean, Agler, Allen, Arrington, Bacon, Gordon, Musgrave, Pankey, Pfiffner, Reeser, Salaz, Sinclair, Swenson, Taylor, and Tool; also Senators Rizzuto and Congrove--Submitting to the registered electors of the state of Colorado an amendment to article V of the constitution of the state of Colorado, concerning measures initiated by petition, and, in connection therewith, decreasing the number of signatures required on petitions proposing state legislation, increasing the number of signatures required on petitions proposing a constitutional amendment, and prohibiting the General Assembly from amending or repealing any law enacted by the initiative within two years of adoption unless approved by two-thirds of all the members elected to each house of the General Assembly.

The question being "Shall the resolution pass?".

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

YES 49 NO 16 EXCUSED 0 ABSENT 0

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

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

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

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

Co-sponsors added: Representatives Alexander, Nichol, Paschall.

The complete text of HCR98-1001, as amended, is printed House Journal pages 690-691.

HB98-1165 by Representative Musgrave; also Senator Ament--Concerning 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.

The question being "Shall the bill pass?".

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

YES 41 NO 24 EXCUSED 0 ABSENT 0

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

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

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

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

Co-sponsors added: Representatives Alexander, Arrington, G.Berry, Epps, Taylor.

HB98-1214 by Representative K. Alexander; also Senator Ament--Concerning the exemption of farm equipment from state sales and use tax.

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 45 NO 20 EXCUSED 0 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 N George Y

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

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

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

Co-sponsors added: Representatives G.Berry, Entz, George, Gotlieb, Owen, Salaz, Taylor, Young.

_______________

HOUSE CONCURRENT RESOLUTION 98­1001

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

SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:

Section 3 of article XXIV of the constitution of the state of Colorado is amended to read:

Section 3.  Persons entitled to receive pensions. From and after January 1, 1957 JANUARY 1, 1999, every citizen of the United States who has been a resident of the state of Colorado for such period as the general assembly may determine, who has attained the age of sixty years or more, ELIGIBILITY FOR AN OLD AGE PENSION AS DETERMINED BY THE GENERAL ASSEMBLY and who qualifies under the laws of Colorado to receive a pension shall be entitled to receive the same; provided, A PENSION; however, that no person otherwise qualified shall be denied a pension by reason of the fact that he SUCH PERSON is the owner of real estate occupied by him THE PERSON as a residence; nor for the reason that relatives may be financially able to contribute to his OR HER support and maintenance; nor shall any person be denied a pension for the reason that he SUCH PERSON owns personal property which by law is exempt from execution or attachment; nor shall any person be required, in order to receive a pension, to repay, or promise to repay, the state of Colorado any money paid to him SUCH PERSON as an old age pension; EXCEPT THAT THE STATE MAY RECOUP INTERIM ASSISTANCE PAYMENTS MADE TO A PERSON WHO QUALIFIES FOR SUPPLEMENTAL SECURITY INCOME. FOR INDIVIDUALS WHO ARE DISABLED OR UNEMPLOYABLE , THE AGE OF ELIGIBILITY FOR THE PENSION SHALL BE AGE SIXTY. THE GENERAL ASSEMBLY SHALL ESTABLISH CRITERIA FOR THE DETERMINATION OF DISABILITY AND UNEMPLOYABILITY. THE GENERAL ASSEMBLY SHALL PROVIDE FOR A PHASED­IN INCREASE IN THE MINIMUM AGE OF ELIGIBILITY FOR THE PENSION FOR THOSE PERSONS WHO ARE NOT DISABLED OR ARE EMPLOYABLE UNDER THE CRITERIA ESTABLISHED BY THE GENERAL ASSEMBLY AND SHALL INCREASE THE MINIMUM AGE FROM SIXTY YEARS BY SIX MONTHS ON JANUARY 1 OF EVERY YEAR COMMENCING ON JANUARY 1, 2000, UNTIL THE MINIMUM AGE FOR THE PENSION REACHES SIXTY­FIVE YEARS. IF THE UNITED STATES CONGRESS INCREASES THE FULL RETIREMENT AGE FOR SOCIAL SECURITY BENEFITS, THE MINIMUM AGE OF ELIGIBILITY FOR THE OLD AGE PENSION FOR PERSONS WHO ARE NOT DISABLED OR WHO ARE EMPLOYABLE SHALL BE AUTOMATICALLY INCREASED BY SIX MONTHS EACH YEAR UNTIL IT IS EQUIVALENT TO THE FULL RETIREMENT AGE FOR SOCIAL SECURITY BENEFITS. THE CHANGES IN THIS SECTION SHALL APPLY TO PERSONS WHO APPLY FOR A PENSION ON OR AFTER JANUARY 1, 1999, AND THERE SHALL BE NO INTERRUPTION OR CHANGE IN BENEFITS TO RECIPIENTS WHO ARE RECEIVING THE PENSION BEFORE JANUARY 1, 1999.

Paragraph (c) of section 7 of article XXIV of the constitution of the state of Colorado is amended to read:

Section 7.   Stabilization fund and health and medical care fund. (c)  Any moneys remaining in the old age pension fund, after full payment of basic minimum awards, and after establishment and maintenance of the stabilization fund in the amount of five million dollars, shall be transferred to a health and medical care fund. The state board of public welfare MEDICAL SERVICES, or such other agency as may be authorized by law to administer old age pensions THE HEALTH AND MEDICAL CARE FUND, shall establish and promulgate rules and regulations for administration of a program to provide health and medical care to persons who qualify to receive old age pensions and who are not patients in an institution for tuberculosis or mental disease; the costs of such program, not to exceed ten TWENTY million dollars in any fiscal year, shall be defrayed from such health and medical care fund; provided, however, EXCEPT THAT all moneys available, accrued or accruing, received or receivable, in said health and medical care fund, in excess of ten TWENTY million dollars in any fiscal year, shall be transferred to the general fund of the state to be used pursuant to law.

SECTION 2.  Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO ARTICLE XXIV OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING MODIFICATIONS TO THE OLD AGE PENSION PROGRAM, AND, IN CONNECTION THEREWITH, PROVIDING FOR A PHASED­IN INCREASE IN THE MINIMUM AGE OF ELIGIBILITY FROM AGE SIXTY TO COINCIDE WITH THE RETIREMENT AGE FOR SOCIAL SECURITY, RETAINING THE MINIMUM AGE OF SIXTY FOR THOSE PERSONS WHO ARE DISABLED OR UNEMPLOYABLE, AUTHORIZING THE RECOVERY OF INTERIM ASSISTANCE REIMBURSEMENT PAYMENTS, PROVIDING THAT THESE CONSTITUTIONAL CHANGES SHALL APPLY TO APPLICANTS ON OR AFTER JANUARY 1, 1999, AND THAT THERE SHALL BE NO INTERRUPTION OR CHANGE IN BENEFITS TO RECIPIENTS CURRENTLY RECEIVING THE OLD AGE PENSION, AND INCREASING THE CAP ON THE STATE­ONLY HEALTH AND MEDICAL CARE PROGRAM FOR OLD AGE PENSIONERS."

SECTION 3.  The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.

_______________

HOUSE CONCURRENT RESOLUTION 98­1004

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

SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:

Section 1 (2) of article V of the constitution of the state of Colorado is amended, and the said section 1 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

Section 1.  General assembly ­ initiative and referendum. (2)  The first power hereby reserved by the people is the initiative, and signatures by registered electors in an amount equal to at least five SIX percent of the total number of votes cast for all candidates for the office of secretary of state at the previous general election shall be required to propose any measure AMENDMENT TO THE CONSTITUTION by petition, and SIGNATURES BY REGISTERED ELECTORS IN AN AMOUNT EQUAL TO AT LEAST FOUR PERCENT OF THE TOTAL NUMBER OF VOTES CAST FOR ALL CANDIDATES FOR THE OFFICE OF SECRETARY OF STATE AT THE PREVIOUS GENERAL ELECTION SHALL BE REQUIRED TO PROPOSE ANY LEGISLATION BY PETITION. Every such petition shall include the full text of the measure so proposed. Initiative petitions for state legislation and amendments to the constitution, in such form as may be prescribed pursuant to law, shall be addressed to and filed with the secretary of state at least three months before the general election at which they are to be voted upon.

(4.5)  NOTWITHSTANDING SUBSECTION (4) OF THIS SECTION, THE GENERAL ASSEMBLY SHALL HAVE NO POWER TO AMEND OR REPEAL ANY LAW ENACTED BY THE INITIATIVE WITHIN TWO YEARS AFTER THE DATE OF THE OFFICIAL DECLARATION OF THE VOTE ADOPTING THE INITIATIVE UNLESS THE GENERAL ASSEMBLY APPROVES SUCH AN AMENDMENT OR REPEAL IN A BILL THAT IS PASSED BY A VOTE OF TWO­THIRDS OF ALL THE MEMBERS ELECTED TO EACH HOUSE.

SECTION 2.  Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING MEASURES INITIATED BY PETITION, AND, IN CONNECTION THEREWITH, DECREASING THE NUMBER OF SIGNATURES REQUIRED ON PETITIONS PROPOSING STATE LEGISLATION, INCREASING THE NUMBER OF SIGNATURES REQUIRED ON PETITIONS PROPOSING A CONSTITUTIONAL AMENDMENT, AND PROHIBITING THE GENERAL ASSEMBLY FROM AMENDING OR REPEALING ANY LAW ENACTED BY THE INITIATIVE WITHIN TWO YEARS OF ADOPTION UNLESS APPROVED BY TWO­THIRDS OF ALL THE MEMBERS ELECTED TO EACH HOUSE OF THE GENERAL ASSEMBLY."

SECTION 3.  The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until February 20, retaining place on Calendar:

Consideration of Resolutions--HJR98-1010, 1004.

Consideration of Senate Amendments--HB98-1043, 1031, 1347, 1344.

______________

Correction

H.J. page 661, strike lines 34 through 36 and substitute "amended, 1264, 1368, 1100 amended, 1165 amended."

_______________

On motion of Representative Anderson, the House adjourned until 9:00 a.m., February 20, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk