HOUSE JOURNAL

SIXTY-FIRST GENERAL ASSEMBLY

STATE OF COLORADO

Second Regular Session

Eighty-fifth Legislative Day Wednesday, April 1, 1998

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

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

The roll was called with the following result:

Present--58.

Absent and excused--Representatives C.Berry, Dean, Gordon, Hefley, Romero, Tucker, Tupa--7.

Present after roll call--Representatives Dean, Hefley, Tucker.

The Speaker Pro Tempore declared a quorum present.

_______________

On motion of Representative Tate, the reading of the journal of March 31, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

_______________

THIRD READING OF BILLS--FINAL PASSAGE

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

HB98-1001 by Representative May; also Senator Mutzebaugh--Concerning transportation 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 59 NO 0 EXCUSED 6 ABSENT 0


Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. YChavez Y

Clarke Y

Dean E

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon E

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley E

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 E

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 E

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker E

Co-sponsors added: Representatives Gotlieb, Schauer, Swenson.

HB98-1058 by Representative Adkins; also Senator Norton--Concerning the creation of a voluntary environmental leadership program, and, in connection therewith, creating an environmental leadership pollution prevention revolving fund and enacting financial incentives for pollu-tion prevention, toxic use reduction, source reduction, resource recovery, energy efficiency, and innovative environmental technology activities for such environ-mental leaders, 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 56 NO 3 EXCUSED 6 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean E

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon E

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley E

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 E

Salaz Y

Saliman N

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 E

Udall N

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker E

Co-sponsors added: Representatives Epps, Gotlieb, Keller, Nichol, Paschall, Schauer, Swenson, Tucker.

HB98-1169 by Representatives Agler, Adkins, Bacon, Grampsas, Reeser, Snyder, Tucker, and Zimmerman; also Senators Ament, Blickensderfer, and Phillips--Concerning the promotion of alternative fuel use for transportation purposes, and, in connection therewith, eliminating theautomatic  repeal  date for the  alternative fuels income

tax credit, modifying the provisions of said tax credit, adding an income tax credit for alternative fuel refueling facilities, establishing a rebate program for governmental and tax-exempt entities that use alternative fuel vehicles, and making an appropriation.

The question being "Shall the bill pass?".

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

YES 56 NO 3 EXCUSED 6 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson N

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean E

Dyer Y

Entz Y

Epps Y

Faatz N

George Y


Gordon E

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley E

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 N

Reeser Y

Romero E

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 E

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker E

Co-sponsors added: Representatives Musgrave, Swenson, Udall, Young.

HB98-1213 by Representative Swenson; also Senator Arnold--Concerning mandating that motor vehicle owners comply with insurance requirements prior to registering a motor vehicle in Colorado, 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 59 NO 0 EXCUSED 6 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean EDyer Y

Entz Y

Epps Y

Faatz Y

George Y

Gordon E

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley E

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 E

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 E

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker E

Co-sponsors added: Representatives Bacon, G.Berry, Gotlieb, Hagedorn, Morrison, Owen, Spradley, Sullivant, Tucker, Udall, Veiga, S.Williams, T.Williams, Young, Zimmerman.

HB98-1227 by Representative Schauer; also Senator Blickensderfer--Concerning authorization of alternative educational programs for students in public schools.

The question being "Shall the bill pass?".

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

YES 48 NO 11 EXCUSED 6 ABSENT 0

Adkins Y

Agler Y

Alexander N

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean E

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon E

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley E

Johnson Y

June N

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace N

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave N

Nichol Y

Owen Y

Pankey Y

Paschall N

Pfiffner Y

Reeser Y

Romero E

Salaz Y

Saliman N

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley N

Sullivant N

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool N

Tucker Y

Tupa E

Udall Y

Veiga Y

Williams, S. N

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker E

Co-sponsors added: Representatives Bacon, Leyba, Reeser.

SB98-161 by Senators Wells, Norton, and Feeley; also Representatives Anderson, C. Berry, and Snyder--Concerning an appropriation to the legislative department.

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 59 NO 0 EXCUSED 6 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen YAnderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean E

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y

Gordon E

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley E

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 E

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 E

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker E

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate voted to recall HB98-1128 for purposes of reconsideration, and requests the return of the bill.

________________

On motion of Representative Pankey, 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.)

HB98-1010 by Representative G. Berry; also Senator Chlouber--Concerning the regulation of electricians, and, in connection therewith, repealing the state electrical board and providing for the regulation of electricians by the director of the division of registrations.

Amendment No. 1, Business Affairs and Labor Report, dated January 8, 1998, and placed in member's bill file; Report also printed in House Journal, January 12, pages 57-58.

Amendment No. 2, Appropriations Report, dated March 27, 1998, and placed in member's bill file; Report also printed in House Journal, March 27, pages 1087-1088.

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

HB98-1151 by Representatives Young and Entz; also Senator Ament--Concerning administrative functions related to the regulation of ground water, and, in connection therewith, making an appropriation.

Amendment No. 1, Agriculture, Livestock and Natural Resources Report, dated February 4, 1998, and placed in member's bill file; Report also printed in House Journal, February 5, pages 381-382.

Amendment No. 2, Appropriations Report, dated March 27, 1998, and placed in member's bill file; Report also printed in House Journal, March 27, page 1090.

Amendment No. 3, by Representatives Young and George.

Amend printed bill, page 6, strike lines 9 and 10 and substitute the following:

"(c) (I)  One well not exceeding fifty gallons per minute and used in one commercial business. or

(II)  TO QUALIFY AS A "COMMERCIAL BUSINESS" UNDER THIS PARAGRAPH (c), THE BUSINESS SHALL BE:

(A)  A BUSINESS THAT WILL BE OPERATED BY THE WELL OWNER AND THAT WILL HAVE ITS OWN BOOKS, BANK ACCOUNTS, CHECKING ACCOUNTS, AND SEPARATE TAX RETURNS;

(B)  A BUSINESS THAT WILL HAVE ITS OWN EMPLOYEES FOR OPERATION OF ITS BUSINESS OR WILL CONTRACT FOR EMPLOYEES;

(C)  A BUSINESS THAT WILL USE WATER SOLELY ON THE LAND INDICATED IN THE PERMIT FOR THE WELL AND FOR THE PURPOSES STATED IN SUCH PERMIT;

(D)  A BUSINESS THAT WILL MAINTAIN ITS INDIVIDUAL ASSETS AND WILL OWN OR LEASE THE PROPERTY ON WHICH THE WELL IS TO BE LOCATED OR WHERE THE BUSINESS IS OPERATED;

(E)  A BUSINESS THAT WILL HAVE ITS OWN CONTRACTUAL AGREEMENTS FOR OPERATION OF THE BUSINESS;

(F)  A BUSINESS THAT AGREES NOT TO TRANSFER A PERMIT ISSUED UNDER THIS PARAGRAPH (c) TO ANOTHER ENTITY THAT ALSO HOLDS A SMALL CAPACITY COMMERCIAL WELL PERMIT UNDER THIS PARAGRAPH (c); AND

(G)  A BUSINESS THAT AGREES TO NOTIFY ANY POTENTIAL BUYER THAT SUCH BUYER SHALL NOTIFY THE STATE ENGINEER OF ANY CHANGE IN OWNERSHIP OF SUCH BUSINESS WITHIN SIXTY DAYS AFTER ANY SUCH CHANGE IN OWNERSHIP.".

Amendment No. 4, by Representative Pfiffner.

Amend the Amendment No. 3, by Representatives Young and George, printed in House Journal, page 1136, strike lines 29 and 30.

Reletter succeeding sub­subparagraphs accordingly.

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

HB98-1324 by Representative Anderson; also Senator Rizzuto--Concerning administration of the state solid waste management program, and, in connection therewith, providing for a brownfields remediation program.

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 492-494.

Amendment No. 2, Finance Report, dated February 25, 1998, and placed in member's bill file; Report also printed in House Journal, February 27, page 775.

Amendment No. 3, Appropriations Report, dated March 27, 1998, and placed in member's bill file; Report also printed in House Journal, March 27, pages 1092-1093.

Amendment No. 4, by Representative Anderson.

Amend the Appropriations Committee Report, dated March 27, 1998, page 1, strike lines 17 and 18 and substitute the following:

"waste control program, program costs, is increased by two hundred forty­six thousand eight hundred fifty­six dollars ($246,856) and 4.4".

Amendment No. 5, by Representative Anderson.

Amend the Local Government Committee Report, dated February 11, 1998, page 2, strike lines 17 through 19, and substitute the following:

"Page 5 of the printed bill, strike lines 13 through 16, and substitute the following:

"(4)  Recyclable materials" means a ANY type of DISCARDED OR WASTE material that is subject to reuse or recycling NOT REGULATED UNDER SECTION 25­8­205 (1) (e), C.R.S., AND CAN BE REUSED, REMANUFACTURED, RECLAIMED, OR RECYCLED, BUT NOT INCLUDING EXCLUDED SCRAP METAL THAT IS BEING RECYCLED.".".

Amendment No. 6, by Representative Paschall.

Amend the Amendment No. 5, by Representative Anderson, printed in House Journal page 1137, line 41, after "RECYCLED,", insert "INCLUDING RECYCLED AUTO PARTS,".

Amendment No. 7, by Representative Anderson.

Amend the Local Government Committee Report, dated February 11, 1998, page 3, strike lines 3 through 8, and substitute the following:

"Page 15 of the printed bill, strike lines 19 through 25, and substitute the following:

"AREA OF THE COUNTY, OR BY THE GOVERNING BODY OF A MUNICIPALITY IF THE VIOLATION OCCURRED WITHIN THE MUNICIPALITY. ANY PERSON WHO FAILS TO COMPLY WITH SUCH ORDERS SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH DAY OF SUCH VIOLATION. SUCH VIOLATION AND CIVIL PENALTY SHALL BE DETERMINED AND ENFORCED BY A COURT OF COMPETENT JURISDICTION UPON ACTION INSTITUTED BY THE BOARD OR GOVERNING BODY THAT ISSUED THE ORDERS. ANY PENALTY COLLECTED SHALL BE DISTRIBUTED TO THE COUNTY OR MUNICIPALITY THAT INSTITUTED THE ACTION.

(5) (a)  ANY PERSON WHO IS FOUND PURSUANT TO SUBSECTION (2) OF THIS SECTION TO BE IN VIOLATION OF SUBSECTION (1) OF THIS SECTION OR WHO FAILS TO COMPLY WITH AN ORDER ISSUED BY THE DEPARTMENT SHALL BE SUBJECT TO A CIVIL".

Page 16 of the printed bill, strike lines 10 through 15.".

Amendment No. 8, by Representative Anderson.

Amend printed bill, page 5, strike line 17, and substitute the following:

"SECTION 5.  30­20­102 (5) and (6), Colorado Revised Statutes, are".

Page 6, line 12, after the period add "THIS SUBSECTION (5) DOES NOT APPLY TO ACTIVITIES REGULATED UNDER SECTION 25­8­205 (1) (e), C.R.S.";

after line 12, insert the following:

"(6)  Notwithstanding the provisions of subsections (1) and (2) of this section, the final use for beneficial purposes, including fertilizer, soil conditioner, fuel, and livestock feed, of sludge which has been processed and certified or designated as meeting all applicable regulations of the state board of health and the department of agriculture shall not require a certificate of designation for such final use. IN ADDITION, THE USE OF MANURE AS A FERTILIZER OR SOIL CONDITIONER AS PART OF A STANDARD AGRICULTURAL PRACTICE SHALL NOT REQUIRE A CERTIFICATE OF DESIGNATION.".

Page 17, after line 13, insert the following:

"(9)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS PART 1, THE PROCESSING, APPLICATION, STORAGE, OR COMPOSTING OF BIOSOLIDS OR OTHER MATERIALS UNDER REGULATIONS PROMULGATED PURSUANT TO SECTION 25­8­205 (1) (e), C.R.S., SHALL BE EXCLUDED FROM THE PROVISIONS OF THIS PART 1.".

Amendment No. 9, by Representative Anderson.

Amend printed bill, page 6, strike lines 17 through 21, and substitute the following:

"CERTIFICATE OF DESIGNATION.".

Page 7 , strike line 7, and substitute the following:

"THE DEPARTMENT IN ITS FINAL REPORT SHALL BE INCORPORATED AS";

Page 8, strike lines 16 through 19, and substitute the following:

"THE DEPARTMENT IS AUTHORIZED TO EXPEND SUCH MONEYS FOR CLOSURE, POSTCLOSURE CARE, OR CORRECTIVE ACTION AS IS MADE AVAILABLE TO THE DEPARTMENT BY OPERATION OF LAW FROM THE FINANCIAL ASSURANCE MECHANISMS PROVIDED BY THE OWNER OR OPERATOR OF THE SOLID WASTES SITE AND FACILITY.".

Amendment No. 10, by Representative Anderson.

Amend printed bill, page 11, strike lines 19 through 26.

Page 12 of the printed bill, strike lines 1 through 6, and substitute the following:

"(c)  No radioactive materials or materials contaminated by radioactive substances shall be disposed of in sites or facilities not specifically designated for that purpose.

(g)  ALL FACILITIES SHALL HAVE A WASTE CHARACTERIZATION PLAN APPROVED BY THE DEPARTMENT. THE PLAN SHALL OUTLINE SCREENING METHODOLOGIES AND WASTE HANDLING PROCEDURES AND SHALL INCLUDE A HAZARDOUS WASTE EXCLUSION PLAN.".

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

On motion of Representative Anderson, the remainder of the General Orders Calendar (SB98-142) was laid over until April 2, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB98-1010 amended, 1151 amended, 1324 amended..

Laid over until date indicated retaining place on Calendar:

SB98-142--April 2, 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 59 NO 0 EXCUSED 6 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen YAnderson 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 E

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 E

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate E

Taylor Y

Tool Y

Tucker Y

Tupa E

Udall E

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker E

______________

CONSENT GRANTED TO CONFERENCE COMMITTEE

Representative Leyba moved that the First Conference Committee on HB98-1015 be granted permission to go beyond the scope of the difference between the House and the Senate. The motion was passed by the following roll call vote:

YES 59 NO 0 EXCUSED 6 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 E

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 E

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate E

Taylor Y

Tool Y

Tucker Y

Tupa E

Udall E

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker E

_______________

REPORT OF COMMITTEE OF REFERENCE

JUDICIARY

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

SB98­8 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend revised bill, page 2, line 14, after "(b)", insert "(I)";

line 21, after the period, add "IF THE DEFENDANT IS IN CUSTODY AT THE TIME OF THE DISPOSITIONAL HEARING AND IF NO DISPOSITION TO THE MATTER IS PRESENTED TO THE COURT AFTER SUCH HEARING, THE COURT SHALL CONSIDER A REDUCTION IN THE BOND PURSUANT TO SECTION 16­4­107.";

after line 21, insert the following:

"(II)  THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT IS ENCOURAGED TO PROMULGATE RULES DEFINING THE TERM "DISPOSITIONAL HEARING" FOR PURPOSES OF THIS PARAGRAPH (b), SECTION 18­1­404 (2), C.R.S., AND SECTION 19­2­705 (1.5), C.R.S.".

Page 3, line 26, after the period, add "IF THE DEFENDANT IS IN CUSTODY AT THE TIME OF THE DISPOSITIONAL HEARING AND IF NO DISPOSITION TO THE MATTER IS PRESENTED TO THE COURT AFTER SUCH HEARING, THE COURT SHALL CONSIDER A REDUCTION IN THE BOND PURSUANT TO SECTION 16­4­107, C.R.S.".

Page 5, line 3, after the period, add "IF THE JUVENILE IS IN CUSTODY AT THE TIME OF THE DISPOSITIONAL HEARING AND IF NO DISPOSITION TO THE MATTER IS PRESENTED TO THE COURT AFTER SUCH HEARING, THE COURT SHALL CONSIDER A REDUCTION IN THE BOND PURSUANT TO SECTION 19­2­509.".

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

On Reconsideration, the Senate has passed on Third Reading and transmitted to the Revisor of Statutes: HB98-1224, amended on Third Reading as printed in Senate Journal, March 31, page 670. (Previously amended as printed in Senate Journal, March 25, page 567.)

_________

The motion for Reconsideration of HB98-1128 was denied. The bill is returned herewith.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, HB98-1224.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until April 2, retaining place on Calendar:

Consideration of Conference Committee Report--HB98-1149.

Consideration of Resolutions--HJR98-1009, 1011, 1018, 1021, HR98­1007.

Consideration of Senate Amendments--HB98-1207, 1036, 1025, 1012, 1033, 1050, 1062, 1117, 1123, 1176, 1178, 1188, 1200, 1215, 1221, 1244, 1245, 1296, 1304, 1337, 1371, 1376, 1154, 1335, 1016, 1041, 1053, 1140, 1141, 1177, 1300, 1305, 1312, 1368, 1372, 1005, 1128, 1165, 1269.

_______________

On motion of Representative Anderson, the House adjourned until 9:00 a.m., April 2, 1998.

Approved:


CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk