house journal - leg.state.co.us · pdf file2 adopted by viva voce vote. 3 4 the speaker...

HOUSE JOURNALSIXTY-FOURTH GENERAL ASSEMBLY

STATE OF COLORADOSecond Regular Session

First Legislative Day Wednesday, January 7, 2004

Colors were posted by the Colorado National Guard.12

Pledge of Allegiance led by Representative McGihon.34

Prayer by E. Fred Sullivan, Beulah United Methodist Church.56

The Speaker called the House to order at 10:00 a.m.78

The Speaker appointed Judith Rodrigue Temporary Chief Clerk.9______________10

11COMMUNICATIONS12

13STATE OF COLORADO14

Department of15 State16

17UNITED STATES OF AMERICA ) SS. Certificate18 STATE OF COLORADO )19

20I, Donetta Davidson, Secretary of State of the State of Colorado, do21hereby certify that the attached is a true and exact copy of the22Resignation from Office as filed in this office on the 26th day of June,232003 by State Representative Timothy Fritz.24

25IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed26the Great Seal of the State of Colorado, at the City and County of Denver27this 17th day of July, 2003.28

29(Signed)30Donetta Davidson31Secretary of State32

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STATE OF COLORADO35Department of36 State37


41I, Donetta Davidson, Secretary of State of the State of Colorado, do42hereby certify that the attached is a true and exact copy of the Certificate43

House Journal–1st Day–January 7, 2004

of Appointment to Fill a Vacancy as filed in this office on the 16th day1of July, 2003, by the Republican 51st House District Vacancy2Committee, designating the appointment of James E Welker to fill the3vacancy in the office of the Colorado State House of Representatives,4District 51, for the Sixty-fourth General Assembly of the State of5Colorado, caused by the resignation of the Honorable Timothy Fritz.6

7IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed8the Great Seal of the State of Colorado, at the City and County of Denver9this 18th day of July 2003.10


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23I, Donetta Davidson, Secretary of State of the State of Colorado, do24hereby certify that the attached is a true and exact copy of the Candidate25Acceptance of Designation and Declaration of Qualification as filed in26this office on the 16th day of July, 2003, by James E. Welker, accepting27the appointment of the Republican 51st House District Vacancy28Committee, to fill the vacancy in the office of Colorado State House of29Representatives, District 51, for the Sixty-Fourth General Assembly of30the State of Colorado, caused by the resignation of the Honorable31Timothy Fritz.32

33IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed34the Great Seal of the State of Colorado, at the City and County of Denver35this 18th day of July, 2003.36


41(Note: On July 18, 2003, at 9:00 a.m., James E. Welker of 1757 Stove42Prairie Circle, Loveland, Colorado 80538 was sworn in as Representative43for District 51. Speaker Lola Spradley administered the oath of office in44the Chamber of the House of Representatives.)45

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54I, Donetta Davidson, Secretary of State of the State of Colorado, do55hereby certify that the attached is a true and exact copy of the letter of56


Resignation from Office as filed in this office on the 21st day of July,12003, by State Representative Jennifer Veiga.2

3IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed4the Great Seal of the State of Colorado, at the City and County of Denver5this 4th day of August, 2003.6


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19I, Donetta Davidson, Secretary of State of the State of Colorado, do20hereby certify that the attached is a true and exact copy of the Certificate21of Appointment to Fill a Vacancy as filed in this office on the 31st day22of July, 2003, by the Democratic 3rd House District Vacancy Committee,23designating the appointment of Anne L. McGihon to fill the vacancy in24the office of the Colorado State House of Representatives, District 3, for25the Sixty-Fourth General Assembly of the State of Colorado, caused by26the resignation of the Honorable Jennifer Veiga.27

28IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed29the Great Seal of the State of Colorado, at the City and County of Denver30this 4th day of August, 2003.31


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4546

I, Donetta Davidson, Secretary of State of the State of Colorado, do47hereby certify that the attached is a true and exact copy of the Acceptance48of Designation/Nomination by Vacancy Committee and Declaration of49Qualification as filed in this office on the 31st day of July, 2003 by Anne50L. McGihon, accepting the appointment of the Democratic 3rd House51District Vacancy Committee, to fill the vacancy in the office of Colorado52State House of Representatives, District 3, for the Sixty-Fourth General53Assembly of the State of Colorado, caused by the resignation of the54Honorable Jennifer Veiga.55

56


IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed1the Great Seal of the State of Colorado, at the City and County of Denver2this 4th day of August, 2003.3


8(Note: On August 4, 2003, at 2:30 p.m., Anne McGihon of 238 South9Ogden, Denver, Colorado, was sworn in as Representative for District 3.10Justice Mary Mallarkey administered the oath of office in the Chamber11of the House of Representatives.)12

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The roll was called with the following result:1516

Present--64.17Excused--Representative Lee--1.18

19The Speaker declared a quorum present.20

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On motion of Representative King, the Speaker appointed23Representatives Mitchell, Chairman, Smith, and Jahn to notify the Senate24that the House was organized and ready for business.25

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House in recess.28_______________29

30The Speaker recognized a committee from the Senate. Senators Johnson,31Taylor, and Windels reported that the Senate was organized and ready for32business.33

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House reconvened.36_______________37

38Representative Mitchell, Chairman, of the Committee to Notify the39Senate, reported that the Senate had been notified that the House was40organized and ready for business.41

_______________424344

INTRODUCTION AND CONSIDERATION OF RESOLUTION4546

HJR04-1001 by Representative(s) King, White, Romanoff, Vigil; also47Senator(s) Hillman, Andrews, Fitz-Gerald--Concerning a48Joint Session of the House of Representatives and the49Senate for the purpose of hearing a message from His50Excellency, Governor Bill Owens, and appointing a51committee to escort the Governor. 52

53On motion of Representative King, the rules were suspended and the54resolution given immediate consideration.55

56


On motion of Representative King, the resolution was read by title and1adopted by viva voce vote.2

3The Speaker appointed Representatives Sinclair, T. Williams, Miller4pursuant to the resolution.5

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MESSAGE FROM THE SENATE89

Madam Speaker:1011

The Senate has adopted and transmits herewith: SJR04-001. Pursuant to12the resolution, the President appointed Senators Anderson and Tapia.13

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INTRODUCTION AND CONSIDERATION OF RESOLUTION1617

On motion of Representative King, the rules were suspended and the18resolution given immediate consideration.19

20SJR04-001 by Senator(s) Hillman, Andrews, Fitz-Gerald; also21

Representative(s) King, Spradley, Romanoff--Concerning22the appointment of a joint committee to notify the23governor that the Second Regular Session of the Sixty-24fourth General Assembly is organized and ready to25transact business. 26

27On motion of Representative King, the resolution was read by title and28adopted by viva voce vote.29

30The Speaker appointed Representatives Berry, chairman, Spence, Miller31pursuant to the resolution.32

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House in recess. House reconvened.35_______________36

37Representative Berry, Chairman, of the Committee to Notify the38Governor, reported that the office of the Governor had been notified that39the House was organized and ready for business.40

_______________4142

Representative King moved that the remarks of Speaker Spradley and43Representative Romanoff be printed in the House Journal. There being44no objection the remarks were printed.45

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Speaker Spradley delivered the following address to the House: 4849

Mr. Majority Leader, Mr. Minority Leader, fellow representatives, staff, family50and honored guests: Let me begin by welcoming two new members, one from51each side of the aisle, who were not part of the General Assembly when we52adjourned in May. Rep. Jim Welker was chosen to replace Tim Fritz, as the53representative from House District 51 in Larimer County. And Rep. Anne54McGihon was chosen to replace Jennifer Veiga, as the representative from55House District 3, which includes parts of Denver and Englewood. Welcome to56


the General Assembly. We look forward to working with you. 12

I would like to give a special thanks to the families of our legislators who will3spend many hours away from their loved ones during the legislative session.4Over the next 120 days, you won’t see enough of your loved ones, and we5appreciate the sacrifice you will make while they are doing the people’s business.6Thank you for your continued support and encouragement. 7

8Each session brings new challenges -- and new opportunities. Today, as we9begin the 2nd Regular Session of the 64th General Assembly, I would like to10take a moment to reflect back to this same point in time one year ago.11

12When the 2003 session began, we were facing the largest budget shortfall since13World War II, a record drought, the aftermath of devastating wildfires and14spiraling increases in the cost of purchasing health and auto insurance. Many15observers felt the General Assembly would accomplish little more than balancing16the state budget. 17

18They underestimated our resolve. Certainly we had our differences. We had19many spirited debates in committee and on this House floor. At the same time,20members on both sides of the aisle shared the goal of wanting to minimize the21impact budget cuts would have on Coloradans, particularly our most vulnerable22citizens. At the end of the day, we were able to balance the budget -- and23thereby meet our constitutional responsibility -- with bipartisan cooperation on24a number of key votes. We achieved nearly $1 billion in budget savings, without25raising taxes, and we managed to increase funding in four key areas: K-1226education, corrections, the judiciary and Medicaid.27

28Our successes did not stop there. We passed significant legislation dealing with29the economy, education, health care, auto insurance, tort reform, public safety --30and more.31

32Leading up to the 2004 session, there are some who want to ignore these33significant achievements and instead focus all their attention and energy on34looking back at just one issue -- congressional redistricting. Admittedly, this was35one of the most partisan political battles Colorado has seen in a long time.36Feelings ran strong among Republicans and Democrats alike, as they always do37during redistricting or reapportionment.38

39But I am optimistic that this body can rise above any leftover feelings we might40have over redistricting. It is time to move forward. We need to roll up our41sleeves and do the people’s business.42

43Today, we are pleased to have with us several individuals who have faced44tremendous challenges of their own. Rather than wringing their hands and45thinking of themselves as victims, they have shown courage, determination and46optimism in overcoming the obstacles before them. We would do well to follow47their example.48

49First, I would like to introduce Sergeant First Class Gregory Hatfield. He50represents the many fine men and women stationed at Fort Carson who have51seen the front lines of the war against terrorism. With Sergeant First Class52Hatfield is his wife Erin and their children, Michaela and Connor.53

54Each day, the news media reminds us of the danger our troops face in the war55on terror. As of Friday, 34 soldiers from Fort Carson have died in Iraq. Overall,56


nearly 500 U.S. troops have been killed since the war began. Rarely a day goes1by without an attack of some type. Families of our men and women in uniform2have also had to endure hardships of their own.3

4Sergeant First Class Hatfield is a platoon sergeant, and is no stranger to threats5on the battlefield. During his seven month long deployment in Iraq, he served as6a member of the entry team on several raids looking for weapons and fugitives.7He also conducted daily patrols of the main supply route searching for explosive8devices targeted at American convoys. Despite the risk, Sergeant First Class9Hatfield will be returning to Iraq on the first of February.10

11Last month, Time magazine named "The American soldier" as its Person of the12Year. In its cover story, Time noted: "...in a year when it felt at times as if we13had nothing in common anymore, we were united in this hope: that our men and14women at arms might soon come safely home, because their job was done. They15are the bright, sharp instrument of a blunt policy, and success or failure in a war16unlike any in history ultimately rests with them."17

18Sergeant First Class Hatfield, we salute you and your family. We wish you19godspeed and a safe return. Please tell your fellow soldiers that they have our20prayers and our gratitude. 21

22Next, let me introduce Carol Kyte, a constituent of mine from Beulah. She is23here today with her husband Gary. They have faced a different kind of challenge.24

25Carol’s daughter Kristi is a single mother who supports two teenage children by26working as an occupational therapist for School District 60 in Pueblo. As a27result of her diabetes, she had to be placed on kidney dialysis. Then four years28ago she underwent a kidney transplant after her mother unselfishly donated one29of her kidneys. As Carol said, “Being a mom, it was an easy choice. I wanted my30daughter to have a better life.”31

32The insurance paid for the operation and both Kristi and Carol came through in33good shape. But there’s another piece to the story. Before doctors would allow34the operation, Carol, who was in her late 50s, was put through all kinds of tests35to ensure that she was healthy enough to give up one of her kidneys, and36afterwards there was additional screening. 37

38Even though Carol was – and continues to be – in excellent health, she was39turned down when she later tried to switch to a less expensive insurance plan.40The reason: she was a kidney donor. Society encourages us to be organ donors,41and Carol had no forewarning that an insurance company would reject her42because she had given the ultimate gift of life. Those who give so unselfishly of43themselves should not be the targets of unjust premiums. Carol, we appreciate44your bringing this example of unfair discrimination to our attention. This session,45we will take up legislation to address this problem.46

47As Colorado has seen firsthand, fire can be one of the most devastating forces48in nature. The largest wildfire in Colorado history was the Hayman fire, which49ignited June 8, 2002. Before it was finally controlled six weeks later, the50Hayman fire burned an estimated 137,000 acres and destroyed some 60051structures. The cost was nearly $40 million.52

53This morning, I’d like to introduce Mark Knight and his daughter Kami. Two54years before the Hayman fire, Mark had realized his long-time dream of starting55his own business, an aerial mapping company. He ran the business from his56


residence on a ranch in northwestern Teller County. 12

Shortly after the Hayman fire began, Mark and his children evacuated their3home. The fire ended up consuming seven of the 10 structures on the ranch.4Although Mark’s residence was spared, smoke damage to his equipment was5substantial. As a result, he was not able to fulfill several important contracts,6which in turn put his aerial photography business in jeopardy. 7

8Had it not been for financial help he received through the Forest Fire Victims9Task Force, Mark believes his business would not have survived. Mark had10never been one to ask for help, but he is grateful for the assistance he received11and is back on his feet. To give back to the community, he is now serving on the12Board of Directors and volunteering as a caseworker for another group which13helps the less fortunate in Teller County. Mark, thank you for being with us14today and letting me share your story. 15

16More recently, you may have read about the historic Virginia Dale Church,17which was destroyed by fire on November 16, 2003. Authorities believe the fire18was due to arson. 19

20The town of Virginia Dale is located on Highway 287 halfway between Fort21Collins and Laramie, Wyoming. It is on the old Overland Trail stagecoach line22and has a colorful history. Virginia Dale Church is located about a mile from the23old stage coach stop. Originally built of hand hewn logs, the church has always24been known for being left unlocked as a welcome shelter for travelers and25nearby residents.26

27Over the years, anywhere from six to a dozen people have worshiped at the28church each Sunday, including Norma Dent, who is with us today. Please help29me welcome Norma, her husband Bob and daughter Sheri. Norma is 70 and has30attended the Virginia Dale Church her entire life. She was shocked when the31church was burned down in November, but says there was never any doubt that32it would be rebuilt. Support has poured in from all over. Almost all the work and33materials have been donated. The congregation plans to hold a service in34someone's house as early as this coming Sunday, and hopes to have the church35ready for services in February. Despite the fire, the rebuilt church will continue36to leave its doors open to those seeking shelter or a moment of reflection.37

38All of the individuals I have introduced today faced enormous challenges. Their39stories are remarkable. They could have chosen to be victims and walk away.40Instead, they chose to be survivors by exhibiting a strong "can-do" spirit. We41face a similar choice. The next 120 days will determine which path we choose.42

43Our journey will not always be easy. I believe that we need to create jobs, create44affordable energy, and create healthcare coverage by creating consensus. We45need to build on the spirit of “can-do” to produce a legacy of “was-done.” 46

47In this spirit, creating jobs will be at the top of our agenda. Economists are48cautiously optimistic about 2004, but Colorado's recovery is lagging behind the49rest of the country. Businesses have begun talking about hiring more workers,50but 5.6 percent of our workforce is still unemployed. 51

52We can start by making Colorado more business-friendly. Many existing53companies are at the point of expanding or retooling, and will be deciding in the54near future whether they can afford to stay in Colorado, or whether they should55move to another state, or even another country. 56


It is important to encourage out-of-state companies to relocate to Colorado, but1it's also important that we enable existing businesses to remain here and prosper.2

3Here are several steps we might consider: 4

51. Phasing out or eliminating the business personal property tax, which makes6it difficult for Colorado businesses to compete with those in other states. 7

82. Modifying or expanding enterprise zones, particularly in rural areas.9

103. Ensuring funding for community college programs that train workers.11Without a well-trained workforce, businesses cannot expand, even if they want12to do so.13

144. Redirecting the $100 million planned to go to the Certified Capital Company15

(CAPCO) program into more effective ways to promote economic16development.17

185. Taking a new look at making Colorado a Right to Work state.19

20In addition, we need to be careful about the image we project. As recently as a21few years ago, a number of people, including some in this body, were advocating22no-growth or limited-growth strategies that would have been among the most23radical in the nation. Even some of the master plans that some local jurisdictions24have implemented have become a detriment to business expansion and growth.25That is not the message we want to send to business decision makers who might26be considering relocating their companies to Colorado.27

28As part of the budget cuts we had to make last year, the legislature suspended29the senior citizen property tax exemption -- not because we wanted to do so, but30because we had to in order to balance the budget. Now that the economy is31showing signs of improvement, we should look at restoring at least part of the32senior homestead exemption and targeting the exemption to those seniors who33need it most. 34

35While we’re working to provide jobs for Coloradans, we will work to provide36affordable energy for those without work or with limited income.37

38That’s why another priority is addressing the high cost of energy. The recent 7339percent jump in natural gas prices poses a serious hardship for many Coloradans,40in particular seniors living on fixed incomes and other struggling individuals and41families. 42

43Gov. Owens recently authorized an additional $10 million to be used to help44low-income citizens with their heating bills. We appreciate this investment, but45we need to look at the predictability and sustainability of the subsidy system we46have in order to ensure that all our citizens are warm this winter and in the47future. 48

49In addition, we need to reexamine our dependence on natural gas. I will be50reintroducing a Renewable Energy Bill that will encourage increased production51of alternative sources of energy, including wind, biomass, geothermal, hydro and52solar. 53

54We need to make health care more affordable. Currently, 700,000 Coloradans55are uninsured. Many small businesses can no longer afford to offer coverage to56


their employees due to Cover Colorado assessments and continuing premium1increases.2

3There are at least three steps we can take:4

51. As soon as revenues permit, we need to restore adequate funding for the6Cover Colorado program, which contributes to health coverage for uninsured7individuals with preexisting health conditions. By doing this, insurance carriers8would no longer need to tack such a large special assessment onto all health9insurance policies.10

112. We need to revisit the Multiple Employer Welfare Arrangements (MEWA)12law that passed last year to make it easier for small businesses to band together13and find less expensive group coverage.14

153. Finally, it is important that we preserve and enhance tax exempt accounts for16medical needs. The language in our Medical Savings Account statute needs to17conform with the new federal Health Savings Accounts passed as a part of the18Medicaid Bill signed by President Bush. We need to make these savings19accounts available to a larger number of Coloradoans.20

21Another priority is to address the interaction between three constitutional22amendments -- Amendment 23, TABOR and Gallagher. Acting together, they23have created what's been referred to as "the perfect fiscal storm." By24simultaneously mandating increases in spending for K-12 and limiting the25amount of revenue we can spend, they are making it more and more difficult for26the legislature to balance the budget each year and still provide services our27citizens expect from government. Unless we make changes, we will have to cut28deeply into other programs.29

30Admittedly it's an election year. But I am hopeful that a bipartisan majority will31emerge to enable us to address these amendments so that we can keep the major32purpose behind each of them while at the same time giving us more flexibility,33particularly in times of economic downturn. For us to put any changes before the34voters will take a two-thirds vote in both houses, so there needs to be a greater35willingness to compromise than we've seen so far from the proponents of these36amendments.37

38There is no denying the fact that Colorado has a finite water supply and a39growing population. This body passed Referendum A last year on a bipartisan40vote, but the citizens of Colorado sent a message that more money was not the41solution. We need to work on basin of origin issues, mitigation and42intergovernmental cooperation to address our water concerns.43

44In order to set the stage for future growth, we need to bring parties together45from all four corners of the state to meet Colorado’s future water needs. We46should encourage conservation along with development of water storage.47

48From conversations I have had with members of both sides of the aisle, I believe49there is consensus on many of the goals and priorities for this session. This year50is the same as other years; the difference is that we have different solutions. The51question we must ask is whether we can exhibit the type of "can-do spirit"52exemplified by the people we have met here today.53

54In closing, let me cite one more example of what cooperation and teamwork can55achieve. Let's call it the story of two Erics -- one is a Republican; the other a56


Democrat. Some of you may have met them when they were here two years ago1for a tribute brought forth by Rep. Witwer.2

3The one Erik is 34-year-old Erik Weihenmayer, who lives in Golden. Despite4losing his vision at age 13, he is an accomplished mountain climber, paraglider,5and skier. He has run in several marathons and just recently completed a6grueling 457-mile endurance adventure race through the Sierra Nevadas. But on7May 25, 2001, Erik achieved what many of us would consider the impossible.8That's when he became the first blind man in history to reach the summit of9Mount Everest, the world's highest peak at 29,035 feet. 10

11For Erik, whose sight is totally gone, this was just another example of never12letting his blindness interfere with his passion for an exhilarating and fulfilling13life. But he would be the first to tell you that he could not have achieved this feat14alone. With him were 12 other members of the Colorado Everest Summit Team,15including the other Eric -- Eric Alexander.16

17Eric Alexander is a long-time ski instructor to the blind who lives in Vail and18founded a nonprofit organization for disabled teens. He is credited with helping19to provide the vision that enabled Erik Weihenmayer to reach the top of Everest,20guiding his blind friend by shouting out instructions to Erik as they climbed.21Both placed total faith and trust in one another, and what they achieved is22remarkable. 23

24Before their ascent, some wondered why someone who is blind would want to25climb Mount Everest. "After all, it's about the view, isn't it?" they asked.26

27"No," responded Eric Alexander. "It's about the journey. It's about how you get28there."29

30In the 2004 session, it’s about the journey and what we do once we get there.31I believe that in this room we have the team and the spirit to create jobs, warm32homes and insure the uninsured. Through consensus, we can make the ascent to33the top of our own Mt. Everest – good public policy for the citizens of34Colorado.35

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40Representative Romanoff delivered the following address to the House:41

42There is a great deal on which Democrats and Republicans agree:43• Like the citizens who sent us here, we want our children to be not just more44

comfortable but safer, smarter, and healthier than we are.45• We want to create jobs, to curb the cost of health care, and to rekindle the46

promise of public education.47• We want to preserve the land, the water, the natural beauty that make48

Colorado such an extraordinary place to live.4950

We Coloradans literally stand atop the nation. But by many counts, we are not51leading America; we are lagging it. Over the last three years, Colorado has52fallen to 48th in high-school graduation, 49th in job growth, and 50th in child53immunization.54

55Today, 140,000 Coloradans can’t find jobs; 650,000 Coloradans can’t afford56


health insurance; and 400,000 Coloradans – more than one quarter of them,1children – live in poverty. 2

3We can do better. We can get this state back to work. We can stage the4greatest comeback in Colorado history.5

6And we can do so without raiding resources from the next generation. If we7reshape our priorities and repair our constitution, we can not only balance our8own budget but also make it possible for our successors to balance theirs. 9

10In the weeks ahead, Democrats will offer 100 specific proposals to restore11Colorado’s prosperity. Here are four of them:12

13First, we engineer an economic comeback. We reduce the tax burden on small14businesses. We help farmers earn more from their commodities. We promote15Colorado to prospective tourists and employers. And – most important – we16make sure that our state still has something to promote: a skilled workforce, a17modern transportation system, and a high quality of life.18

19Second, we reform our health care system. We make insurance coverage20affordable – and insurance companies accountable – to all Coloradans. We tame21the price of prescription drugs. And we replace both our tough talk about22substance abuse and our medieval attitudes toward mental illness with actual23treatment.24

25Third, we prepare our students to compete with their counterparts around the26world. We give schools not only the tests we need to measure their27performance but also the teachers, the training, and the textbooks they need to28succeed. We make preschool and kindergarten available to more children. And29we ensure that any Academic Bill of Rights includes the right to financial aid, so30that the doors of higher education remain open to every Coloradan.31

32Fourth, we sustain Colorado’s natural resources. We recognize the realities of33living in a semi-arid state, by pursuing both water storage and water34conservation. We protect basins of origin from the economic and environmental35damage of water diversions. And we make Colorado a leader in the production36and use of clean, efficient, and renewable energy. 37

38Delivering the Great Colorado Comeback will not be easy, and it will not be39free. But doing nothing is far more expensive.40

41If you want to know how much it costs to ignore drug addiction, ask a prison42warden or a welfare agent or an emergency-room physician. Ask a foster parent43or a special-education teacher to calculate the consequences of fetal alcohol44syndrome. And then ask yourself why we don’t change course.45

46If we are to change course – if Colorado is to stage a comeback – you and I47must first renew our commitment to work together, to put this building back to48work.49

50“While one party may possess the levers of power, one party does not possess51a monopoly on good ideas.” 52

53Governor Owens was right when he said that in his State-of-the-State Address54last year. Both parties would benefit from his advice. Even in an election year,55politicians like us can debate public policy without demonizing our opponents,56


denigrating each other’s patriotism, or destroying the democratic process we are1sworn to defend.2

3Most Coloradans are unimpressed by ideology and suspicious of self-4righteousness. They share a Democratic demand for progress and a Republican5respect for prudence. They are socially tolerant, fiscally responsible, and6fundamentally pragmatic. 7

8Our work should reflect the bread-and-butter concerns of these constituents:9jobs, schools, health care, water. Given the challenges we face in each of these10areas, collaboration is a sign not of cowardice but of common sense.11

12During the next 120 days, we will have occasion to engage in rhetorical combat.13We Democrats will not shrink from this fight. But we know that when we14adjourn, our success will be measured less by the arguments we have won than15by the work we have done.16

17Our predecessors understood that. They used their time here to bring jobs to18Colorado; to build schools and parks, rail-lines and roadways. The territory they19led can now claim, in proportional terms, more high-quality hospitals, more20aerospace firms, and more top-ranked public colleges and universities than21almost any other state in the union. 22

23We can take pride in these achievements, but we cannot take them for granted.24Most victories result not from coincidence or from happenstance but from talent,25from tenacity, and – above all – from teamwork. Colorado’s comeback will be26no exception.27

28The men and women who held these seats before us did not always agree with29one another. But, for the most part, they treated each other with respect. And30in doing so, they earned the respect of the citizens they served. If we follow31their lead, perhaps the same will someday be said of us.32

33The hour of 11:22 a.m. has arrived, and with it has come something even more34precious than the end of a lawmaker’s speech. In Alamosa, or in Yuma, or in35some other part of our state, in the 10 minutes it has taken me to finish these36words, a baby has been born.37

38More than 20,000 children will make their way into this world – or at least the39corner we call Colorado – by the time our session is through. Will their dreams40be deferred? Or will the miracle of their birth be matched by the majesty of our41imagination?42

43Let us agree to make laws worthy of the power we hold and the lives we share.44

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Madam Speaker:5051

The Senate has adopted and transmits herewith: SJR04-002. 5253

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INTRODUCTION AND CONSIDERATION OF RESOLUTIONS12

SJR04-002 by Senator(s) Hillman, Andrews, Fitz-Gerald; also3Representative(s) Cloer, Johnson R., Garcia, Jahn--4Concerning employee salary ranges for the Second5Regular Session of the Sixty-fourth General Assembly. 6


10On motion of Representative Cloer, the resolution was read by title and11adopted by viva voce vote.12

_________1314

HR04-1001 by Representative(s) Cloer, Johnson R., Garcia, Jahn--15Concerning employees and positions for the House of16Representatives convened in the Second Regular Session17of the Sixty-fourth General Assembly. 18



_________2526

HR04-1002 by Representative(s) Cloer, Johnson R., Garcia, Jahn--27Concerning payment of employees for pre-session work28for the House of Representatives convened in the Second29Regular Session of the Sixty-fourth General Assembly. 30



_________3738

HR04-1003 by Representative(s) Cloer, Johnson R., Garcia, Jahn--39Concerning the chaplain position in the House of40Representatives.41



__________484950

HR04-1004 by Representative(s) King--Concerning modification of51certain requirements imposed when resolutions, joint52resolutions, memorials, and joint memorials are introduced53in the House of Representatives of the Colorado General54Assembly. 55

56


Representative King moved to suspend the rules for immediate1consideration of the resolution. The motion was adopted by the2following roll call vote:3

4 YES5 58 NO 06 EXCUSED 01 ABSENT 00Berry6 Y Garcia Y McCluskey Y Sinclair YBorodkin7 Y Hall Y McFadyen Y Smith YBoyd8 Y Harvey Y McGihon Y Spence YBriggs9 Y Hefley Y Merrifield Y Stafford YBrophy10 Y Hodge Y Miller Y Stengel YButcher11 N Hoppe Y Mitchell Y Tochtrop NCadman12 Y Jahn Y Paccione Y Vigil NCarroll13 Y Johnson Y Plant Y Weddig NCerbo14 N Judd Y Pommer Y Weissmann YClapp15 Y King Y Ragsdale N Welker YCloer16 Y Larson Y Rhodes Y White YColeman17 Y Lee E Rippy Y Wiens YCrane18 Y Lundberg Y Romanoff Y Williams S. YDecker19 Y Madden Y Rose Y Williams T. YFairbank20 Y Marshall Y Salazar Y Witwer YFrangas21 Y May Y Schultheis Y Young Y

22 Speaker Y23

On motion of Representative King, the resolution was read by title and24adopted by the following roll call vote:25

26 YES27 52 NO 12 EXCUSED 01 ABSENT 00Berry28 Y Garcia Y McCluskey Y Sinclair YBorodkin29 Y Hall Y McFadyen Y Smith YBoyd30 Y Harvey Y McGihon Y Spence YBriggs31 Y Hefley Y Merrifield N Stafford YBrophy32 Y Hodge N Miller Y Stengel YButcher33 N Hoppe Y Mitchell Y Tochtrop NCadman34 Y Jahn Y Paccione Y Vigil YCarroll35 Y Johnson Y Plant N Weddig NCerbo36 N Judd Y Pommer N Weissmann YClapp37 Y King Y Ragsdale N Welker YCloer38 Y Larson Y Rhodes Y White YColeman39 N Lee E Rippy Y Wiens YCrane40 Y Lundberg Y Romanoff Y Williams S. YDecker41 N Madden N Rose Y Williams T. YFairbank42 Y Marshall Y Salazar Y Witwer YFrangas43 Y May Y Schultheis Y Young Y

44 Speaker Y45

_______________4647

APPOINTMENTS4849

Representative Romanoff announced the following changes in committee50assignments:51Committee on Appropriations 52

Representative Madden to replace Representative Butcher53Committee on Business Affairs & Labor54

Representatives Butcher and Cerbo to replace Representatives55Coleman and Hodge56


Committee on Finance1Representative Coleman to replace Representative Boyd2

Committee on Health, Environment, Welfare, and Institutions3Representatives Coleman and Weissmann to replace4Representatives Cerbo and Romanoff5

Committee on Information & Technology6Representatives Garcia and McGihon to replace Representatives7Carroll and Salazar8

Committee on Judiciary9Representatives Boyd and McGihon to replace Representatives10Madden and Romanoff11

Committee on Legislative Council12Representative Vigil to replace Representative Veiga13

Committee on Local Government14Representatives Carroll and Cerbo to replace Representatives15Coleman and Ragsdale16

Committee on State, Veterans, & Military Affairs 17Representative Ragsdale to replace Representative Cerbo18

_________1920

The Speaker announced the following changes in committee assignments:21Committee on Capitol Development22

Representative Rose to replace Representative Rippy23Committee on Education24

Representative King to replace Representative T. Williams25Committee on Finance26

Representative Cloer to replace Representative Fritz27Committee on Information &Technology28

Representative Welker to replace Representative Fritz29Committee on Transportation & Energy30

Representative Welker to replace Representative Cloer31_______________32

33The appointment to the Committee on Legislative Council was confirmed34by unanimous consent.35

_______________3637


4041

PRINTING REPORT4243

The Chief Clerk reports the following bills have been correctly44preprinted: HB04-1001, 1002, 1003, 1004, 1005,1006, 1007, 1008, 1009,451010, 1011, 1012, 1013, 1014, 1015,1016, 1017, 1018, 1019, 1020, 1021,461022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032,471033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043,481044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054,491055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065,501066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076,511077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085; HCR04-1001,521002, 1003.53

54_______________55

56


INTRODUCTION OF BILLS1First Reading2

3The following bills were read by title and referred to the committees4indicated:5

6HB04-1001 by Representative(s) Stengel; also Senator(s) Cairns--7

Concerning the property tax exemption for qualifying8seniors, and, in connection therewith, increasing the9maximum amount of actual value of the primary owner-10occupied residence of a qualifying senior that is partly11exempt from property taxation for the 2004 and 200512property tax years. 13

Committee on Finance1415

HB04-1002 by Representative(s) Crane; also Senator(s) Lamborn--16Concerning conforming amendments to the pledge of17allegiance statute to make the statute constitutional as18required by the United States court of appeals for the19seventh circuit in the 1992 decision entitled Sherman20versus Community Consolidated School District 21 of21Wheeling Township. 22

Committee on State, Veterans, & Military Affairs2324

HB04-1003 by Representative(s) McCluskey; also Senator(s) Johnson25S.--Concerning laws related to the impersonation of a26peace officer, and making an appropriation therefor. 27

Committee on Judiciary28Committee on Appropriations29

30HB04-1004 by Representative(s) Stafford, Welker; also Senator(s)31

Lamborn--Concerning enhanced protection for child users32of public library services from harmful materials on the33internet. 34

Committee on Information & Technology3536

HB04-1005 by Representative(s) Williams T., Coleman, Rhodes; also37Senator(s) Tupa, Anderson, Takis, Taylor--Concerning the38enterprise status of auxiliary facilities of institutions of39higher education. 40


HB04-1006 by Representative(s) Hefley; also Senator(s) McElhany--43Concerning the classification of a dependent of a member44of the armed forces for purposes of determining tuition at45public institutions of higher education. 46

Committee on Education4748

HB04-1007 by Representative(s) Williams T., Coleman, Rhodes; also49Senator(s) Takis, Anderson, Taylor, Tupa--Concerning the50obligations of a governing body of an institution of higher51education that establishes an optional retirement plan. 52



HB04-1008 by Representative(s) Cloer; also Senator(s) Lamborn--1Concerning assignment of benefits offered under a motor2vehicle insurance policy. 3

Committee on Business Affairs & Labor45

HB04-1009 by Representative(s) King; also Senator(s) Reeves--6Concerning the ability of the governing board of each7institution of higher education to elect to be exempt from8certain state administrative restrictions. 9


HB04-1010 by Representative(s) King, Spradley; also Senator(s)12Reeves--Concerning the elimination of certain education13advisory boards. 14


HB04-1011 by Representative(s) King; also Senator(s) Anderson,17Andrews--Concerning the employment status of persons18employed within the state system of higher education. 19


HB04-1012 by Representative(s) Rose--Concerning clarifications to22the requirement of obtaining a criminal background check23prior to the transfer of a firearm at a gun show. 24


HB04-1013 by Representative(s) Johnson R.; also Senator(s)27Johnson S.--Concerning changing the name of the division28of prevention and intervention services for children and29youth to the prevention services division. 30

Committee on Health, Environment, Welfare, & Institutions3132

HB04-1014 by Representative(s) Tochtrop; also Senator(s) Isgar --33Concerning the regulation of medication administration by34certified nurse aides. 35


HB04-1015 by Representative(s) Pommer--Concerning the38authorization of specified persons to obtain drugs39commonly used in connection with animal control40activities. 41

Committee on Agriculture, Livestock, & Natural Resources4243

HB04-1016 by Representative(s) Johnson R.; also Senator(s) Dyer --44Concerning the addition of certain obscenity offenses to45the “Colorado Sex Offender Registration Act” that46requires registration upon conviction of the offense. 47

Committee on Judiciary4849

HB04-1017 by Representative(s) Berry, Borodkin, Larson, McFadyen,50Pommer, Spence, Stafford, Welker, Williams S.; also51Senator(s) May R., Isgar--Concerning the age at which a52person may lawfully drive a motor vehicle. 53

Committee on Transportation & Energy545556


HB04-1018 by Representative(s) Cerbo--Concerning the requirement1that a notice of final admission in a workers’2compensation case include a statement that the case will3not automatically be closed as to maintenance medical4benefits if a claimant does not contest the final admission.5


HB04-1019 by Representative(s) Borodkin, McFadyen, Stafford; also8Senator(s) Takis, Isgar--Concerning an increase in the9maximum dollar amount of a contract that a public airport10authority may execute without using a competitive bidding11process that awards the contract to the lowest responsible12bidder. 13


HB04-1020 by Representative(s) Romanoff, Plant; also Senator(s)16Teck, Reeves--Concerning state employee incentive17programs for cost-savings innovations. 18

Committee on State, Veterans, & Military Affairs19Committee on Appropriations20

21HB04-1021 by Representative(s) Briggs, Merrifield; also Senator(s)22

McElhany--Concerning the consumption of alcohol. 23Committee on Transportation & Energy24

25HB04-1022 by Representative(s) Vigil, Coleman, Rhodes, Williams26

T.; also Senator(s) Anderson, Takis, Taylor, Tupa--27Concerning the duties of the division of central services in28the department of personnel. 29

Committee on Finance30Committee on Appropriations31

32HB04-1023 by Representative(s) Boyd, Miller, Rippy; also Senator(s)33

Entz, Hanna--Concerning the designation of Yule marble34as the state rock. 35


HB04-1024 by Representative(s) Weissmann--Concerning a38requirement that the political subdivision holding a mail39ballot election pay the postage on the return envelope40provided to registered voters. 41


HB04-1025 by Representative(s) Ragsdale, McFadyen, Merrifield;44also Senator(s) None, Isgar, May R., Nichol--Concerning45the expiration date of certificates of emissions control for46new diesel vehicles. 47


HB04-1026 by Representative(s) Carroll--Concerning the minimum50amount of medical payments coverage that may be offered51by an auto insurer. 52



HB04-1027 by Representative(s) Vigil, Coleman, Rhodes, Williams1T.; also Senator(s) Takis, Anderson, Taylor, Tupa--2Concerning the role of the comprehensive primary and3preventive care grant program’s advisory council. 4


HB04-1028 by Representative(s) Coleman, Rhodes, Williams T.; also7Senator(s) Anderson, Takis, Taylor, Tupa--Concerning the8fee paid in connection with representation of indigent9persons. 10


HB04-1029 by Representative(s) Boyd, Cloer, Coleman, Frangas,13Johnson R., Stafford, Tochtrop; also Senator(s) Hagedorn,14Hanna, Kester, Sandoval--Concerning authorization for15counties to increase participation in vocational education16by Colorado works participants. 17


HB04-1030 by Representative(s) Frangas, Boyd, Johnson R., Stafford,20Tochtrop; also Senator(s) Hanna, Hagedorn, Kester,21Sandoval--Concerning the evaluation of the Colorado22works program, and making an appropriation in23connection therewith. 24

Committee on Health, Environment, Welfare, & Institutions25Committee on Appropriations26

27HB04-1031 by Representative(s) Weissmann--Concerning the public28

utilities commission, and, in connection therewith,29requiring the members of the public utilities commission30to be elected and subjecting the rate and coverage31decisions of the insurance commissioner to oversight by32the public utilities commission. 33

Committee on Business Affairs & Labor34Committee on State, Veterans, & Military Affairs35

36HB04-1032 by Representative(s) Rose--Concerning the repeal date of37

the discounted youth hunting licenses program. 38Committee on Agriculture, Livestock, & Natural Resources39

40HB04-1033 by Representative(s) McFadyen, Merrifield, Welker; also41

Senator(s) Chlouber, May R.--Concerning information42signs on interstate highways within specified populated43areas. 44


HB04-1034 by Representative(s) Welker, Berry, Borodkin, Larson,47Pommer, Sinclair, Spence, Stafford; also Senator(s) Takis,48Isgar, May R.--Concerning electronic renewal of a driver’s49license. 50



HB04-1035 by Representative(s) Hoppe, Miller, Rippy, Salazar,1White; also Senator(s) Entz, Dyer, Isgar, Tapia, Taylor--2Concerning a prohibition on proxy voting by members of3the Colorado water conservation board. 4


HB04-1036 by Representative(s) Williams S., Briggs, Larson,7Merrifield; also Senator(s) Arnold--Concerning a8prohibition against minor drivers carrying minor9passengers. 10


HB04-1037 by Representative(s) Hodge--Concerning the treatment of13American sign language as a foreign language in14education. 15


HB04-1038 by Representative(s) Berry; also Senator(s) Arnold--18Concerning an exemption from civil liability for a19volunteer at a crisis telephone hotline. 20


HB04-1039 by Representative(s) Spence--Concerning the expansion of23the teacher loan forgiveness pilot program to include a24teacher who is hired to teach in a qualified position after25his or her first year of teaching. 26

Committee on Education27Committee on Appropriations28

29HB04-1040 by Representative(s) Salazar, Miller, Rippy, White; also30

Senator(s) Taylor, Entz, Isgar--Concerning the31requirement to mitigate the effects on the water basin of32origin of a diversion of water from a water basin. 33


HB04-1041 by Representative(s) Clapp; also Senator(s) Teck--36Concerning changes to the eligibility requirements for the37home care allowance program. 38


HB04-1042 by Representative(s) Welker; also Senator(s) Jones--41Concerning the requirement of demonstrating proof of42motor vehicle insurance at the time a motor vehicle is43registered. 44


HB04-1043 by Representative(s) Fairbank--Concerning mandatory47criteria to be used by courts in determining congressional48district boundaries. 49



HB04-1044 by Representative(s) Vigil--Concerning the establishment1of a credit against the state income tax in favor of eligible2small businesses to offset the costs of premiums paid by3the businesses for obtaining health insurance coverage on4behalf of their employees. 5

Committee on Finance6Committee on Appropriations7

8HB04-1045 by Representative(s) Borodkin--Concerning the creation9

of a medical advisory board to assist the department of10revenue in the determination of whether a person is able to11operate a motor vehicle safely upon the highways of this12state. 13


HB04-1046 by Representative(s) McGihon--Concerning the16computation of days in determining certain time periods17for forcible entry and detainer actions. 18


HB04-1047 by Representative(s) Rose; also Senator(s) Hagedorn--21Concerning the authority of a county to require certain22persons who receive child care assistance to cooperate23with child support enforcement efforts. 24


HB04-1048 by Representative(s) King; also Senator(s) McElhany--27Concerning beneficiary deeds. 28


HB04-1049 by Representative(s) Williams S.--Concerning child care31assistance for families who transition off of the Colorado32works program for specified reasons. 33


HB04-1050 by Representative(s) Butcher; also Senator(s) Tapia--36Concerning a prohibition against changing an inscription37on a burial memorial without required permission. 38


HB04-1051 by Representative(s) Weddig--Concerning a requirement41that a local government approve the termination of certain42common interest communities. 43

Committee on Local Government4445

HB04-1052 by Representative(s) Judd--Concerning changes to the46name-change statute. 47


HB04-1053 by Representative(s) Hall; also Senator(s) Groff--50Concerning allowing the loss of a license if a person51licensed to sell motor vehicles does not timely notify a52consumer regarding the outcome of an attempt to secure53financing for the purchase of a motor vehicle. 54



HB04-1054 by Representative(s) Brophy; also Senator(s) Hillman--1Concerning the duties of occupants of vehicles involved in2accidents resulting in personal harm. 3


HB04-1055 by Representative(s) Rhodes, Coleman, Williams T.; also6Senator(s) Tupa, Anderson, Takis, Taylor--Concerning the7modification of the process used to make matching grants8for school district capital construction from the school9construction and renovation fund. 10


HB04-1056 by Representative(s) Frangas--Concerning residential13expenses assistance for the elderly or disabled. 14


HB04-1057 by Representative(s) Miller; also Senator(s) Taylor--17Concerning newspaper theft. 18


HB04-1058 by Representative(s) Rippy; also Senator(s) May R.--21Concerning eligibility determinations under the "Colorado22Medical Assistance Act". 23


HB04-1059 by Representative(s) Hoppe--Concerning additional26enforcement authority regarding marketing orders issued27by the commissioner of agriculture. 28


HB04-1060 by Representative(s) Lundberg--Concerning modifications31to the "Colorado Children's Code" to comply with the32federal "Keeping Children and Families Safe Act of332003". 34


HB04-1061 by Representative(s) Berry, Hefley, Jahn, Madden,37McFadyen, Williams S.--Concerning the utilization of38child advocacy centers. 39


HB04-1062 by Representative(s) Larson, Berry, McFadyen; also42Senator(s) May R., Takis--Concerning the disposition of43motor vehicles abandoned at motor vehicle repair shops.44


HB04-1063 by Representative(s) Garcia--Concerning the regulation of47mobile communication devices in motor vehicles. 48


HB04-1064 by Representative(s) Tochtrop; also Senator(s) Jones--51Concerning the repeal of the provision defining a child as52dependent or neglected when the child is beyond the53control of the person responsible for the child. 54



HB04-1065 by Representative(s) Paccione--Concerning the granting of1immunity related to the provision of human services2referral information. 3


HB04-1066 by Representative(s) Wiens--Concerning the opportunity6for voters in the town of Castle Rock in Douglas county to7determine whether to be included in the boundaries of8certain special districts. 9

Committee on State Affairs10Committee on Finance11

12HB04-1067 by Representative(s) Coleman; also Senator(s) Taylor--13

Concerning the conversion of state refunds of business14personal property taxes owed by the department of15revenue to a taxpayer into unclaimed property for which16a claim may be filed under the "Unclaimed Property Act"17when the refund is represented by a warrant that has been18cancelled in accordance with law. 19


HB04-1068 by Representative(s) Marshall; also Senator(s) Veiga--22Concerning actions for damages on behalf of an employee23for injuries that arise from the negligent conduct of a24stranger. 25


HB04-1069 by Representative(s) White; also Senator(s) Lamborn--28Concerning deferred deposit loans. 29


HB04-1070 by Representative(s) Schultheis, Brophy, Cloer, Crane,32Harvey, May M., Mitchell, Stafford; also Senator(s)33Lamborn, Hillman, Johnson S.--Concerning the protection34of women's health through the licensure of health clinics35that perform abortions. 36

Committee on Health, Environment, Welfare, & Institutions37Committee on Appropriations38

39HB04-1071 by Representative(s) Decker; also Senator(s) McElhany--40

Concerning a credit for tobacco taxes that are bad debts.41Committee on Finance42

43HB04-1072 by Representative(s) May M.--Concerning the authority of44

the governing body of a municipality to submit to the45registered electors of the municipality the question of46changing the regular election date of the municipality. 47


HB04-1073 by Representative(s) Smith--Concerning surface owner50notifications filed by an applicant for a water right. 51


HB04-1074 by Representative(s) Lee--Concerning a department of54corrections reentry program. 55



HB04-1075 by Representative(s) Romanoff--Concerning continued1services for women in the treatment program for high-risk2pregnant women. 3


HB04-1076 by Representative(s) Madden, Brophy, Hodge, Rose; also6Senator(s) Arnold--Concerning a prohibition on driving7motor vehicles in the passing lane except when8appropriate.9


HB04-1077 by Representative(s) Jahn--Concerning the requirement12that a current background investigation be conducted on13persons who apply for placement on certain treatment14services provider lists. 15


HB04-1078 by Representative(s) Harvey, Lundberg, Rhodes--18Concerning regulation of sexually explicit representations19that are harmful to minors. 20


HB04-1079 by Representative(s) Cadman; also Senator(s) Dyer--23Concerning standard nonforfeiture regulation for24individual deferred annuities offered by insurers. 25


HB04-1080 by Representative(s) Williams T.; also Senator(s)28Lamborn--Concerning the "Uniform Arbitration Act". 29


HB04-1081 by Representative(s) White--Concerning attorney fees in32civil matters. 33


HB04-1082 by Representative(s) Briggs--Concerning the property tax36classification of land used to produce agricultural and37livestock products not grown in the ground. 38


HB04-1083 by Representative(s) Sinclair--Concerning termination of41child support obligations based upon DNA evidence of42nonparentage. 43


HB04-1084 by Representative(s) Cadman--Concerning the execution46of a writ of restitution after entry of judgment in a forcible47entry and detainer action. 48


HB04-1085 by Representative(s) Plant--Concerning the creation of the51"Colorado Civil Union Act". 52



HB04-1086 by Representative(s) Spradley, King, Young; also1Senator(s) Teck, Owen--Concerning the structure of the2state system of community colleges. 3


HB04-1087 by Representative(s) Rhodes--Concerning the6establishment of the highest degree of care in the defense7of a negligence claim under the high voltage power line8statutes by proof of compliance with an applicable9standard of the national electrical code. 10


HB04-1088 by Representative(s) Salazar; also Senator(s) Entz--13Concerning the weight of a motor vehicle that may be14issued special military license plates without paying a fee.15


HB04-1089 by Representative(s) McCluskey--Concerning a preference18for the purchase of Colorado agricultural products by19governmental entities. 20


HB04-1090 by Representative(s) Rhodes--Concerning criteria for23independent contractors for purposes of workers'24compensation coverage. 25


HB04-1091 by Representative(s) Miller--Concerning development of28the Denver basin aquifers. 29


HB04-1092 by Representative(s) Spence--Concerning teachers serving32in administrative capacities. 33


HB04-1093 by Representative(s) McFadyen, Miller, Rose, Salazar,36Tochtrop; also Senator(s) Hillman, Entz, Isgar--37Concerning a preference for the purchase of Colorado38agricultural products by governmental entities. 39


______________424344

INTRODUCTION OF CONCURRENT RESOLUTIONS4546

The following resolutions were read by title and referred to the47committees indicated:48

49HCR04-1001 by Representative(s) Romanoff--Submitting to the50

registered electors of the state of Colorado amendments to51section 17 (1) of article IX and section 20 of article X of52the constitution of the state of Colorado, concerning the53stabilization of government revenues, and, in connection54therewith, suspending the required one percent increase in55certain state education funding during an economic56


downturn, requiring fiscal year spending limits for state1and local districts to be calculated based upon prior fiscal2year spending limits, with adjustments for inflation and3growth, without being subject to reduction due to declines4in revenues, and allowing local districts to seek voter5approval to impose a fluctuating mill levy for a specified6period in order to allow the local district to collect7property tax revenues not to exceed the amount of such8revenues collected in the prior year, as adjusted for9inflation and local growth. 10

Committee on State, Veterans, & Military Affairs11Committee on Finance12

13HCR04-1002 by Representative(s) White--Submitting to the registered14

electors of the state of Colorado the proposal for the15holding of a constitutional convention to revise, alter, and16amend section 17 of article IX and sections 3, 3.5, and 2017of article X of the constitution of the state of Colorado,18with any referred measure from the convention requiring19the vote of two-thirds of the delegates thereto. 20


HCR04-1003 by Representative(s) King--Submitting to the registered23electors of the state of Colorado amendments to section 1724of article IX and section 20 of article X of the constitution25of the state of Colorado, concerning state spending, and,26in connection therewith, replacing the requirement that27statewide base per pupil funding for preschool, primary,28and secondary education and total state funding for all29categorical programs for each of the ten state fiscal years30starting with the 2001-02 state fiscal year increase by at31least the rate of inflation plus one percentage point with a32requirement that the general assembly set the statewide33base per pupil funding and total state funding for all34categorical programs at no less than the levels of the35statewide base per pupil funding and total state funding for36all categorical programs for the prior state fiscal year in37any state fiscal year that follows a calendar year in which38state general fund revenues did not increase by at least the39sum of inflation plus the percentage change in state40population for the prior calendar year; replacing the41requirement that statewide base per pupil funding for42preschool, primary, and secondary education and total43state funding for all categorical programs for state fiscal44years starting with the 2011-12 state fiscal year increase45by the rate of inflation with a requirement that the general46assembly set the statewide base per pupil funding and total47state funding for all categorical programs at no less than48the levels of the statewide base per pupil funding for49preschool, primary, and secondary education and total50state funding for all categorical programs for the prior51fiscal year; increasing the state fiscal year spending limits52for the 2005-06 and 2006-07 state fiscal years by one53percentage point each; including each one percentage54point increase in the state fiscal year spending base for the55purpose of calculating subsequent years’ state fiscal year56


spending limits even if state revenues decline; and1requiring some of the additional moneys under the2increased state fiscal year spending limits to be expended3first to compensate local governments for revenue losses4from the senior property tax exemption, next to provide a5state credit against business personal property taxes, and6lastly for refunds to taxpayers. 7

Committee on State, Veterans, & Military Affairs8_______________9

1011


Madam Speaker:1415

The Senate has adopted and returns herewith: HJR04-1001.1617

Pursuant to HJR04-1001, the President appointed Chlouber and Nichol.18______________19

20On motion of Representative King, the House adjourned until 9:00 a.m.,21January 08, 2004.22

23Approved:24

252627

LOLA SPRADLEY,28Speaker29

Attest:3031

JUDITH RODRIGUE,32 Chief Clerk33

house journal - leg.state.co.us · pdf file2 adopted by viva voce vote. 3 4 the speaker...

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