HOUSE JOURNAL

SIXTY-FIRST GENERAL ASSEMBLY

STATE OF COLORADO

First Extraordinary Session

Third Legislative Day Wednesday, October 22, 1997

Prayer by Pastor Stephen Swanson, St. Paul's Lutheran Church, Denver.

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

The roll was called with the following result:

Present--64.

Absent and excused--Representative Faatz--1.

Present after roll call--Representative Faatz.

The Speaker declared a quorum present.

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On motion of Representative Spradley, the reading of the journal of October 21, 1997, was declared dispensed with and approved as corrected by the Chief Clerk.

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MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has postponed indefinitely and returns herewith: HB97S-1002.

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THIRD READING OF BILL--FINAL PASSAGE

The following bill was considered on Third Reading. The title was publicly read. Reading of the bill at length was dispensed with by unanimous consent.

SB97S-5 by Senator Schroeder; also Representative Tucker--Concerning continuation statements filed with filing officers under the "Uniform Commercial Code - Secured Transactions" and the "Central Filing of Effective Financing Statements Act", and, in connection therewith, validating such statements filed in forms not containing certain language deleted or intended to be deleted by Senate Bill 97-155 and deleting remaining statutory language reflecting this requirement mistakenly not deleted by Senate Bill 97-155.

The question being "Shall the bill pass?".

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

YES 63 NO 0 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz E

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lamborn E

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

Representative Lamborn excused from voting under House Rule 21(c).

Co-sponsors added: Representatives Gotlieb, Grampsas, Kaufman, Musgrave, Reeser, Schauer, Tate.

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House in recess. House reconvened.

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MESSAGE FROM THE SENATE

Mr. Speaker:

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

HB97S-1001, amended as printed in Senate Journal, October 21, pages 14-18, and on Third Reading as printed in Senate Journal, October 22.

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MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, HB97S-1001.

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House in recess. House reconvened.

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CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILL

HB97S-1001 by Representative Grampsas; also Senator Lacy--Concerning the granting of a one-time tax credit to qualified individuals for the purpose of refunding state revenues in excess of the constitutional limitation on state fiscal year spending for the 1996-97 state fiscal year, and making an appropriation therefor.

(Amended as printed in Senate Journal, October 21, pages 14-18, and on Third Reading as printed in Senate Journal, October 22, page 25.)

Representative Grampsas moved that the House not concur in Senate amendments and that a Conference Committee be appointed. The motion was declared passed by the following roll call vote:

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

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lamborn 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

The Speaker appointed Representatives Grampsas, Chairman, Anderson and Reeser as House conferees to the bill.

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House in recess. House reconvened.

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MESSAGE FROM THE SENATE

Mr. Speaker:

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

HB97S-1001, the President appointed Senators Lacy, Chm., Schroeder, and Perlmutter as members of the First Conference Committee on the part of the Senate.

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House in recess. House reconvened.

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MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted the First Report of the First Conference Committee on HB97S-1001, as printed in Senate Journal, October 22, and repassed the bill as amended. The bill is returned herewith.

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FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on HB97S-1001

This Report Amends the Rerevised Bill
.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB 97S­1001, concerning the granting of a one­time tax credit to qualified individuals for the purpose of refunding state revenues in excess of the constitutional limitation on state fiscal year spending for the 1996­97 state fiscal year, and making an appropriation therefor, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 5, line 15, strike "RETURN" and substitute "RETURN, A MARRIED FILING SEPARATE RETURN,";

line 18, strike "TWENTY­FIVE" and substitute "FIFTEEN";

line 20, strike "THIRTY­FOUR" and substitute "THIRTY­SEVEN";

line 22, strike "TWENTY­FIVE" and substitute "FIFTEEN";

line 23, strike "EIGHTY" and substitute "ONE HUNDRED";

line 24, strike "SIXTY­FIVE" and substitute "SIXTY";

line 26, strike "EIGHTY" and substitute "ONE HUNDRED".

Page 6, line 1, strike "ONE HUNDRED NINE" and substitute "EIGHTY";

line 7, strike "TWENTY­FIVE" and substitute "FIFTEEN";

line 9, strike "SIXTY­EIGHT" and substitute "SEVENTY­FOUR";

line 11, strike "TWENTY­FIVE" and substitute "FIFTEEN";

line 12, strike "EIGHTY" and substitute "ONE HUNDRED";

line 13, strike "ONE HUNDRED THIRTY" and substitute "ONE HUNDRED TWENTY";

line 15, strike "EIGHTY" and substitute "ONE HUNDRED";

line 16, strike "TWO HUNDRED EIGHTEEN" and substitute "ONE HUNDRED SIXTY".

Page 7, strike lines 20 through 25.

Strike pages 8 through 12.

Page 13, strike lines 1 through 19.

Renumber succeeding sections accordingly.

Page 13, line 20, strike "(1)".

Page 14, strike lines 3 through 10.

Respectfully submitted,

House Committee: Senate Committee:

Tony Grampsas Elsie Lacy

Norma Anderson William R. Schroeder, Jr.

Jeannie Reeser Ed Perlmutter

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CONSIDERATION OF CONFERENCE COMMITTEE REPORT

HB97S-1001 by Representative Grampsas; also Senator Lacy--Concerning the granting of a one-time tax credit to qualified individuals for the purpose of refunding state revenues in excess of the constitutional limitation on state fiscal year spending for the 1996-97 state fiscal year, and making an appropriation therefor.

(Conference Committee Report printed in House Journal, October 22, pages 30-31.)

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

YES 60 NO 5 EXCUSED 0 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez N

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps YFaatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman N

Hagedorn Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lamborn 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 Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate N

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga N

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y


The question being "Shall the bill, as amended, pass?".

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

YES 62 NO 3 EXCUSED 0 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez N

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lamborn 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 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 N

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 Dean, Morrison, Nichol, Tupa, Zimmerman.

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INTRODUCTION AND CONSIDERATION OF RESOLUTIONS

The following resolutions were read at length and given immediate consideration:

HJR97S-1001 by Representatives Anderson, C. Berry, and Snyder; also Senators Wells, Norton, and Feeley--Concerning an appointment of a joint committee to notify the Governor that the First Extraordinary session of the Sixty-first General Assembly is about to adjourn Sine-Die.

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

That a joint committee of five members, consisting of two members of the Senate and three members of the House of Representatives, be appointed, respectively, by the President of the Senate and the Speaker of the House of Representatives to notify the Honorable Roy Romer, Governor of the State of Colorado, that the First Extraordinary Session of the Sixty-first General Assembly is about to adjourn SINE DIE and to inquire if he has any communication to convey to the General Assembly in Joint Session.

On motion of Representative Anderson, House Rule 26(e) was suspended and the resolution given immediate consideration and adopted by viva voce vote.

The Speaker appointed Representatives Musgrave, Alexander and Mace pursuant to the resolution.

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HJR97S-1002 by Representatives Anderson, C. Berry, and Snyder; also Senators Well, Norton, and Feeley--Concerning the adjournment Sine-Die of the First Extraordinary Session of the Sixty-first General Assembly.

Be It Resolved by the House of Representatives of the Sixty-first General Assembly of the State of Colorado, the Senate concurring herein.

That when the First Extraordinary Session of the Sixty-first General Assembly adjourns on October 22, 1997, it shall stand adjourned SINE DIE.

On motion of Representative Anderson, House Rule 26(e) was suspended and the resolution given immediate consideration and adopted by viva voce vote.

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MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate voted to lay HB97S-1006 on the table. The bill is returned herewith.

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REPORT OF SINE DIE COMMITTEE

The Committee appointed pursuant to HJR97S-1001 reported that they had notified Governor Romer that the First Extraordinary Session of the Sixty-first General Assembly was ready to adjourn sine die.

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MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and returns herewith: HJR97S-1001. The President appointed Senators Mutzebaugh and Hernandez pursuant to the resolution.

The Senate has adopted and returns herewith: HJR97S-1002.

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At the hour of 9:40 p.m., both the House of Representatives and the Senate being in agreement, on motion of Representative Anderson, the First Extraordinary Session of the Sixty-first General Assembly was declared adjourned sine die.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk