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

The Speaker called the House to order at 9:30 a.m.

The roll was called with the following result:

Present--64.

Absent and excused--Representative Tate--1.

The Speaker declared a quorum present.

_______________

On motion of Representative Udall, the reading of the journal of April 7, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

APPROPRIATIONS

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

HB98-1085, 1118, 1134, 1153, 1175, 1201, 1397 be postponed indefinitely.

HB98-1133 be referred to the Committee of the Whole with favorable recommendation.

HB98-1202 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, line 3, strike "98-____," and substitute "98-1202".

HB98-1255 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Judiciary Committee Report, dated February 10, 1998, page 2, line 17, strike "17-1-126." and substitute A17-1-122.";

line 29, strike "GENERAL FUND" and substitute "CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S.,".

Page 3, line 3, strike "GENERAL FUND" and substitute "CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S.,";

after line 22, insert the following:

"SECTION 27. 24-75-302 (2) (l) and (2) (m), Colorado Revised Statutes, are amended to read:

24­75­302. Capital construction fund ­ capital assessment fees ­ calculation. (2) As of July 1, 1988, and July 1 of each year thereafter through July 1, 2001, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24­75­201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:

(l) On July 1, 1999, three hundred twenty­three thousand nine hundred ninety­eight dollars pursuant to H.B. 97­1186, enacted at the first regular session of the sixty­first general assembly, PLUS EIGHT HUNDRED NINETEEN THOUSAND SIX HUNDRED NINETY-SEVEN DOLLARS PURSUANT TO H.B. 98-1255, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FIRST GENERAL ASSEMBLY;

(m) On July 1, 2000, one hundred eighty­four thousand ninety dollars pursuant to H.B. 97­1186, plus four hundred seventy­eight thousand six hundred thirty­four dollars pursuant to H.B. 97­1077, enacted at the first regular session of the sixty­first general assembly, PLUS THREE HUNDRED SIX THOUSAND ONE HUNDRED SEVENTY-NINE DOLLARS PURSUANT TO H.B. 98-1255; and

SECTION 28.  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to offenses committed on or after said date.";

line 23, strike "SECTION 27." and substitute "SECTION 29.".

HB98-1387 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Finance Committee Report, dated March 18, 1998, page 2, strike lines 9 through 22 and substitute the following:

""SECTION 5.  Appropriations. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of revenue, liquor enforcement division, for the fiscal year beginning July 1, 1998, the sum of one hundred forty thousand eight hundred six dollars ($140,806) and 2.5 FTE, or so much thereof as may be necessary, for the implementation of this act. Said amount is exempt from the statutory limit on state general fund appropriations pursuant to section 24-75-201.1 (1) (a) (III) (A), Colorado Revised Statutes.

(2) In addition to any other appropriation, there is hereby appropriated to the department of law, for the fiscal year beginning July 1, 1998, the sum of seven thousand three hundred sixty-six dollars ($7,366) and 0.1 FTE, or so much thereof as may be necessary, for the provision of legal services to the department of revenue related to the implementation of this act. Said sum shall be from cash funds exempt received from the department of revenue out of the appropriation made in subsection (1) of this section.

(3) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the tobacco use prevention fund created in section 24-35-507, Colorado Revised Statutes, not otherwise appropriated, to the department of human services, alcohol and drug abuse division, for the fiscal year beginning July 1, 1998, the sum of twenty-two thousand dollars ($22,000), or so much thereof as may be necessary, for the implementation of this act.".".

STATE, VETERANS AND MILITARY AFFAIRS

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

HB98-1403 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, strike lines 11 and 12 and substitute the following:

"PROVIDED THAT SUCH APPOINTEES ARE MEMBERS OF THE CURRENT GENERAL ASSEMBLY.";

line 13, strike everything through the period.

HB98-1405 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 2, line 13, strike "IN A";

line 14, strike "MANNER PRESCRIBED BY THE COMMISSION BY RULE, WHETHER";

line 16, strike "OTHER MEANS." and substitute "ANY OTHER MANNER PRESCRIBED BY THE COMMISSION BY RULE.";

strike lines 24 through 26 and substitute the following:

"FOR SIGNATURE IN CONNECTION WITH A SWEEPSTAKES OR OTHER GAME OF CHANCE.".

Page 3, strike lines 1 and 2 and substitute the following:

"(3)  A TELECOMMUNICATIONS PROVIDER WHO INITIATES AN UNAUTHORIZED CHANGE IN A CUSTOMER'S TELECOMMUNICATIONS PROVIDER IN VIOLATION OF THIS SECTION IS LIABLE:

(a)  TO THE CUSTOMER FOR ALL INTRASTATE LONG DISTANCE CHARGES, INTERSTATE LONG DISTANCE CHARGES, MONTHLY SERVICE CHARGES, PROVIDER SWITCHING FEES, AND OTHER RELEVANT CHARGES INCURRED BY THE CUSTOMER DURING THE PERIOD OF THE UNAUTHORIZED CHANGE; AND

(b)  TO THE CUSTOMER'S LOCAL EXCHANGE PROVIDER FOR ALL CHARGES INCURRED BY THE LOCAL EXCHANGE PROVIDER DURING THE PERIOD OF THE UNAUTHORIZED CHANGE, INCLUDING, WITHOUT LIMITATION, CHARGES RELATED TO THE UNAUTHORIZED CHANGE AND REINSTATING THE CUSTOMER TO THE ORIGINAL PROVIDER.".

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on HB98-1015

This Report Amends the Reengrossed Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB 98­1015, concerning continuation of the authority of the department of public health and environment to regulate the administration and monitoring of medications in facilities by qualified unlicensed persons, has met and reports that it has agreed upon the following:

1. That the Senate recede from its amendments made to the bill, as said amendments appear in the rerevised bill.

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

Amend reengrossed bill, page 3, line 21, before "and" insert "(1) (ee) (III) (B)";

line 22, strike "amended" and substitute "amended, and the said 25­1­107 (1) (ee) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH,".

Page 5, line 9, strike "FIVE" and substitute "FOUR";

after line 22, insert the following:

"(III) (B)  The executive directors of the departments which THAT control the "facilities" defined in sub­subparagraphs (A) and (B) of subparagraph (II.5) of this paragraph (ee) may direct the unlicensed staff of any such facility to monitor medications in any part of any such facility. Administration of medications in any such facility shall be allowed only in those areas of any such facility which THAT have a licensed physician or other licensed practitioner on duty. NOTWITHSTANDING OTHER TRAINING REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (I.5) OF THIS PARAGRAPH (ee), THE OPERATOR OR ADMINISTRATOR OF EVERY FACILITY THAT HIRES AN UNLICENSED PERSON TO ADMINISTER MEDICATIONS PURSUANT TO THIS PARAGRAPH (ee) SHALL PROVIDE ON­THE­JOB TRAINING FOR SUCH PERSON, AND ALL SUCH UNLICENSED PERSONS HIRED ON OR AFTER JULY 1, 1998, SHALL BE ADEQUATELY SUPERVISED UNTIL THEY HAVE COMPLETED SUCH TRAINING. SUCH ON­THE­JOB TRAINING SHALL BE APPROPRIATE TO THE JOB RESPONSIBILITIES OF EACH TRAINEE. FACILITY OPERATORS AND ADMINISTRATORS SHALL DOCUMENT EACH UNLICENSED PERSON'S SATISFACTORY COMPLETION OF ON­THE­JOB TRAINING IN THEIR PERMANENT PERSONNEL FILE.".

Respectfully submitted,

House Committee: Senate Committee:

Mary Ellen Epps Dottie Wham

Marilyn Musgrave Sally Hopper

Gloria Leyba Dorothy Rupert

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on HB98-1130

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 98­1130, concerning crime victim compensation, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 4, line 24, strike "shall MAY" and substitute "shall";

line 25, strike "mittimus." and substitute "mittimus; EXCEPT THAT THE COURT AT THE TIME OF SENTENCING MAY IMPOSE, OR AT A LATER DATE MAY AMEND THE RESTITUTION ORDER TO REFLECT, AN AMOUNT OF RESTITUTION THAT IS LESS THAN THE FULL PECUNIARY LOSS CAUSED BY THE DEFENDANT IF THE DEFENDANT, THE PROSECUTING ATTORNEY, AND THE VICTIM AGREE ON SUCH LESSER AMOUNT.".

Respectfully submitted,

House Committee: Senate Committee:

Jeanne Faatz Sally Hopper

Penn Pfiffner Ed Perlmutter

Jeannie Reeser Dottie Wham

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB98-1050, 1089, 1090, 1102, 1236, 1252, 1261, 1271, 1370; SB98-31, 40, 66, 161; SJR98-16.

______________

DELIVERY OF BILLS TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bills have been delivered to the Office of the Governor: HB98-1008, 1018, 1020, 1029, 1186, 1209, 1250, and 1309 at 9:45 a.m. on April, 8, 1998.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

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

HB98-1188, the President appointed Senators Wham, Chm., Powers, and Weddig as members of the First Conference Committee on the part of the Senate.

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

HB98-1305, the President appointed Senators Wham, Chm., Wattenberg, and Weddig as members of the First Conference Committee on the part of the Senate. _________

The Senate has adopted the First Report of the First Conference Committee on HB98-1015, as printed in Senate Journal, April 6, pages 695-696, and repassed the bill as amended. The bill is returned herewith.

The Senate has adopted the First Report of the First Conference Committee on HB98-1130, as printed in Senate Journal, March 30, page 650, and repassed the bill as amended. The bill is returned herewith.

The Senate granted permission to members of the First Conference Committee on HB98-1059, 1207, and 1224 to consider matters not at issue between the two houses.

The Senate has adopted and returns herewith: HJR98-1018, 1024, and 1025. _________

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB98-074;

SB98- 120, amended as printed in Senate Journal, April 7, page 719;

SB98- 122, amended as printed in Senate Journal, April 7, page 718;

SB98- 167, amended as printed in Senate Journal, April 7, page 718;

SB98- 180, amended as printed in Senate Journal, April 7, page 718;

HB98-1159, amended as printed in Senate Journal, April 7, page 719.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB98-074; and, without comment, as amended, SB98-120, 122, 167, 180, and HB98-1159.

______________

INTRODUCTION OF MEMORIAL

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

HJM98-1001 by Representative June; also Senators J. Johnson and Bishop--Honoring Former Member John Carroll.

WHEREAS, By the Will of Divine Providence, our former member, the Honorable John Carroll, departed this life on January 28, 1998, at the age of 69; and

WHEREAS, John Carroll was born on June 10, 1928, in Boulder, Colorado; and

WHEREAS, John Carroll graduated from Gunnison High School at the age of 16, then attended the University of Colorado at Boulder where he received a bachelor's degree in English at the age of 19; and

WHEREAS, John Carroll served his country in the Fifth Infantry Division of the United States Army, where he received a good conduct medal, and then returned to Denver to obtain his law degree from the University of Denver in 1952 as a Fulbright Scholar; and

WHEREAS, John Carroll became a member of this body in 1962 where he served faithfully for ten years, serving as the vice­chair of the Natural Resources committee as well as serving on the Business Affairs, Judiciary, State Affairs, Labor, Appropriations, Transportation and Highways, and Rules committees, and sponsoring criminal law revisions and consumer related bills; and

WHEREAS, Following his term in the legislature, John Carroll became the Northglenn city attorney; and

WHEREAS, During his practice of law after he left the legislature, John Carroll participated in precedent setting cases in Colorado that limited sovereign immunity, set aside releases where the nature and extent of injuries are unknown to the plaintiff, and changed Workers' Compensation Law; and

WHEREAS, John Carroll was devoted to protecting the rights and interests of the working class and to guaranteeing dignified treatment of ordinary individuals at the hands of the law; and

WHEREAS, John Carroll also made time for civic responsibilities, including participating in the Lions Club, the Adams County Metropolitan Chamber of Commerce, and the International, American, Colorado, Adams County, and Denver Bar Associations, and he served as director of the Westminster and District 50 Civil Boosters Association, the Colorado Trial Lawyers Association, and the Colorado chapter of the American Civil Liberties Union; and

WHEREAS, John Carroll was the editor­in­chief of "Trial Talk" from 1981 to 1989; and

WHEREAS, In his spare time, John Carroll published several articles in the "Archaeological Review", published one book, traveled extensively, and taught himself eight languages; now, therefore,

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

That we, the members of the Colorado General Assembly, hereby pay tribute to John Carroll for his many contributions to the people of the state of Colorado whom he served well and faithfully.

Be It Further Resolved, That a copy of this resolution be transmitted to his daughters, Majorie Dianne Carroll, Barbara Lynn Carroll, Debra Hunt Carroll, and Morgan Lenore Carroll, his son, Michael John Carroll Wilson, his stepson, Douglas Bradley, his former wives, Rebecca L. Bradley and Joan Appel Carroll Garner, and his friend, Marvin Woolf.

_______________

House in recess. House reconvened.

______________

CONSENT GRANTED TO CONFERENCE COMMITTEE

Representative Lawrence moved that the First Conference Committee on SB98-76 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 5 EXCUSED 1 ABSENT 0

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

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

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

Snyder Y Spradley Y Sullivant N Swenson Y Takis Y Tate E 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

________________

On motion of Representative Tool, 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.)

SB98-008 by Senator Wells; also Representative Adkins--Concerning the elimination of preliminary hearings in certain classes of felonies.

Previously amended March 18, 1998, House Journal page 952. Rereferred during Third Reading (March 20, House Journal page 986) to Committee on Judiciary.

Amendment No. 3, by Representative Adkins.

Strike the Judiciary Committee Report, dated March 31, 1998, and substitute the following:

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

after line 21, insert the following:

"(II)  ANY DEFENDANT ACCUSED OF A CLASS 4, 5, OR 6 FELONY WHO IS NOT OTHERWISE ENTITLED TO A PRELIMINARY HEARING PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b), MAY DEMAND AND SHALL RECEIVE A PRELIMINARY HEARING WITHIN A REASONABLE TIME PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (1), IF THE DEFENDANT IS IN CUSTODY; EXCEPT THAT, UPON MOTION OF EITHER PARTY, THE COURT SHALL VACATE THE PRELIMINARY HEARING IF THERE IS A REASONABLE SHOWING THAT THE DEFENDANT HAS BEEN RELEASED FROM CUSTODY PRIOR TO THE PRELIMINARY HEARING.

(III)  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 19, after "(2)", insert "(a)";

after line 26, insert the following:

"(b)  ANY DEFENDANT ACCUSED OF A CLASS 4, 5, OR 6 FELONY WHO IS NOT OTHERWISE ENTITLED TO A PRELIMINARY HEARING PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2), MAY DEMAND AND SHALL RECEIVE A PRELIMINARY HEARING WITHIN A REASONABLE TIME PURSUANT TO SUBSECTION (1) OF THIS SECTION, IF THE DEFENDANT IS IN CUSTODY; EXCEPT THAT, UPON MOTION OF EITHER PARTY, THE COURT SHALL VACATE THE PRELIMINARY HEARING IF THERE IS A REASONABLE SHOWING THAT THE DEFENDANT HAS BEEN RELEASED FROM CUSTODY PRIOR TO THE PRELIMINARY HEARING.".

Page 4, line 20, after "(1.5)", insert "(a)".

Page 5, after line 3, insert the following:

"(b)  ANY JUVENILE ACCUSED OF A CLASS 4, 5, OR 6 FELONY WHO IS NOT OTHERWISE ENTITLED TO A PRELIMINARY HEARING PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (1.5), MAY DEMAND AND SHALL RECEIVE A PRELIMINARY HEARING WITHIN A REASONABLE TIME PURSUANT TO SUBSECTION (1) OF THIS SECTION, IF THE JUVENILE IS IN CUSTODY; EXCEPT THAT, UPON MOTION OF EITHER PARTY, THE COURT SHALL VACATE THE PRELIMINARY HEARING IF THERE IS A REASONABLE SHOWING THAT THE JUVENILE HAS BEEN RELEASED FROM CUSTODY PRIOR TO THE PRELIMINARY HEARING.".".

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

HB98-1406 by Representative Adkins--Concerning the welfare of children.

Amendment No. 1, Judiciary Report, dated April 2, 1998, and placed in member's bill file; Report also printed in House Journal, April 3, pages 1183-1185.

Amendment No. 2, by Representative Saliman.

Amend printed bill, page 3, after line 6, insert the following:

"SECTION 3. 26­5­101 (2), Colorado Revised Statutes, is amended to read:

26­5­101. Definitions. As used in this article, unless the context otherwise requires:

(2)  "Child welfare allocations committee" means a committee that consists of four county commissioners appointed by a statewide association of counties and four members appointed by the state department, which ONE OF WHICH REPRESENTS A COUNTY THAT IS NOT REPRESENTED BY A STATEWIDE ASSOCIATION OF COUNTIES. THE committee shall develop its own organizational rules.".

Renumber succeeding sections accordingly.

Amendment No. 3, by Representative Saliman.

Amend printed bill, page 3, after line 23, insert the following:

"(b)  THE FORMULAS FOR CAPPED AND TARGETED ALLOCATIONS DEVELOPED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (3) SHALL INCLUDE A METHOD FOR REWARDING A COUNTY THAT HAS DEMONSTRATED ITS ABILITY TO LIMIT OR REDUCE OUT­OF­HOME PLACEMENT COSTS.".

Reletter succeeding paragraphs accordingly.

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

HB98-1003 by Representatives Schauer, G. Berry, Paschall, and Tucker; also Senators Mutzebaugh, Chlouber, and Norton--Concerning the removal of provisions in the air quality state implementation plan that are more stringent than those required by federal law.

Previously amended January 30, 1998, House Journal page 298. Referred during Third Reading (February 9, House Journal page 411) to Committee on Appropriations.

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

_______________

Committee in recess. Committee reconvened.

_______________

HB98-1006 by Representatives Adkins, Smith, and S. Johnson; also Senators Bishop, Ament, and Dennis--Concerning the establishment of a fund to promote the conservation of native species, and making an appropriation in connection therewith.

Amendment No. 1, Agriculture, Livestock and Natural Resources Report, dated January 28, 1998, and placed in member's bill file; Report also printed in House Journal, January 30, pages 281-283.

Amendment No. 2, Appropriations Report, dated April 3, 1998, and placed in member's bill file; Report also printed in House Journal, April 6, page 1214.

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

HB98-1070 by Representative Taylor--Concerning extended temporary motor vehicle registration, and, in connection therewith, making an appropriation.

Amendment No. 1, Transportation and Energy Report, dated January 21, 1998, and placed in member's bill file; Report also printed in House Journal, January 23, page 213.

Amendment No. 2, by Representative Taylor.

Amend the Transportation and Energy Committee Report, dated January 21, 1998, page 1, after line 11, insert the following:

"strike lines 18 through 23 and substitute the following:

"SECTION 5.  No appropriation.  The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.";";

line 14 of the Committee report, strike "Clause." and substitute "clause.".

Page 2, after line 1, insert the following:

"Page 1, line 101, strike "REGISTRATION," and substitute "REGISTRATION.";

strike line 102.".

Amendment No. 3, by Representative Taylor.

Amend printed bill, page 6, strike lines 7 and 8 and substitute the following:

"PERSON WHO VIOLATES THE PROVISIONS OF THIS PARAGRAPH (b) SHALL BE SUBJECT TO THE PENALTY PROVISIONS IN SECTION 42­3­103 (4) (a).".

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

HB98-1217 by Representative T. Williams; also Senator Hopper--Concerning the regulation of the practice of pharmacy by the state board of pharmacy, and, in connection therewith, regulating the supervision of nonpharmacist personnel by pharmacists and allowing the state board of pharmacy to impose fines against licensees for violations of statutes regulating pharmacists.

Amendment No. 1, Business Affairs and Labor Report, dated January 27, 1998, and placed in member's bill file; Report also printed in House Journal, January 28, pages 261-263.

Amendment No. 2, Appropriations Report, dated April 3, 1998, and placed in member's bill file; Report also printed in House Journal, April 6, pages 1214-1215.

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

HB98-1382 by Representative Hefley; also Senator Coffman--Concerning testing for controlled substances of participants in the Colorado works program.

Amendment No. 1, Health, Environment, Welfare and Institutions Report, dated March 16, 1998, and placed in member's bill file; Report also printed in House Journal, March 18, pages 944-946.

Amendment No. 2, by Representative Hefley.

Amend the Health, Environment, Welfare, and Institutions Committee Report, dated March 16, 1998, page 4, after line 6, insert the following:

"SECTION 5. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".

Renumber succeeding section accordingly.

Amendment No. 3, by Representative Hefley.

Amend the Health, Education, Welfare, and Institutions Committee Report, dated March 16, 1998, page 2, strike lines 19 and 20 and substitute the following:

"good cause exists as determined by the county.".

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 (HB98-1220, 1267, 1281) was laid over until April 9, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: SB98-8 amended, HB98-1406 amended, 1003, 1006 amended, 1070 amended, 1217 amended, 1382 amended.

Laid over until date indicated retaining place on Calendar: HB98-1220, 1267, 1281--April 9, 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 62 NO 0 EXCUSED 3 ABSENT 0

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

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

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

Snyder Y Spradley Y Sullivant E Swenson Y Takis Y Tate E 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

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on SB98-76

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 SB 98-76, concerning the acknowledgment of instruments, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 5, after line 10, insert the following:

"(2)  FOR EACH NOTARIAL ACT, A NOTARY'S JOURNAL MAY CONTAIN THE FOLLOWING INFORMATION:

(a)  THE TYPE AND DATE OF THE NOTARIAL ACT;

(b)  THE TITLE OR TYPE OF DOCUMENT OR PROCEEDING THAT WAS NOTARIZED AND THE DATE OF SUCH DOCUMENT OR PROCEEDING, IF DIFFERENT THAN THE DATE OF THE NOTARIZATION;

(c)  THE NAME OF EACH PERSON WHOSE OATH, AFFIRMATION, ACKNOWLEDGMENT, AFFIDAVIT, DECLARATION, DEPOSITION, PROTEST, VERIFICATION, OR OTHER STATEMENT IS TAKEN;

(d)  THE SIGNATURE AND ADDRESS OF EACH PERSON WHOSE OATH, AFFIRMATION, ACKNOWLEDGMENT, AFFIDAVIT, DECLARATION, DEPOSITION, PROTEST, VERIFICATION, OR OTHER STATEMENT IS TAKEN;

(e)  THE SIGNATURE, PRINTED NAME, AND ADDRESS OF EACH WITNESS TO THE NOTARIZATION;

(f)  ANY OTHER INFORMATION THE NOTARY CONSIDERS APPROPRIATE TO RECORD THAT CONCERNS THE NOTARIAL ACT.";

line 12, strike "(2)" and substitute "(3)";

line 17, strike "(2)," and substitute "(3),".

Page 8, strike lines 16 through 19.

Renumber succeeding section accordingly.

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

Amend rerevised bill, page 5, after line 16, insert the following:

"(b)  NOTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (3) TO THE CONTRARY, NO FIRM, EMPLOYER, OR PROFESSIONALLY LICENSED PERSON SHALL PROHIBIT AN EMPLOYEE WHO IS A NOTARY FROM MAINTAINING A JOURNAL OF HIS OR HER NOTARIAL ACTS IN THE REGULAR COURSE OF BUSINESS OF SUCH FIRM, EMPLOYER, OR PROFESSIONALLY LICENSED PERSON.";

line 17, strike "(b)" and substitute "(c)";

line 19, after "LAWYER,", insert "TITLE INSURANCE COMPANY, TITLE INSURANCE AGENT,".

Page 7, line 2, strike "THREE" and substitute "FIVE".

Respectfully submitted,

Senate Committee: House Committee:

William R. Schroeder Joyce R. Lawrence

Frank Weddig Barry Arrington

Ben Alexander Jeannie G. Reeser

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate granted permission to members of the First Conference Committee on SB98-013 to consider matters not at issue between the two houses.

______________

INTRODUCTION OF BILLS

First Reading

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

SB98-074 by Senator Weddig; also Representative Hagedorn--Concerning the reinstatement of the sales and use tax exemption for bulk sales of coins and precious metal bullion.

Committee on Finance.

SB98-120 by Senator Ament; also Representative Owen--Concerning authorization for including a portion of Weld county in the regional transportation district, and making an appropriation in connection therewith.

Committee on Transportation and Energy.

Committee on Appropriations.

SB98-122 by Senator Schroeder; also Representative May--Concerning the creation of the department of communication and information resources.

Committee on State, Veterans, and Military Affairs.

SB98-167 by Senator Feeley; also Representative Snyder--Concerning the creation of a statewide gulf war syndrome registry.

Committee on State, Veterans, and Military Affairs.

SB98-180 by Senator Schroeder; also Representative Adkins--Concerning continued implementation of the Colorado integrated criminal justice information system, and making an appropriation therefor.

Committee on Judiciary.

Committee on Appropriations.

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LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until April 9, retaining place on Calendar:

Consideration of Resolutions--HJR98-1011, 1021, 1020, 1026, 1027, 1028, 1029, 1030, SJR98-20.

Consideration of Senate Amendments--HB98-1012, 1312, 1128, 1016.

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Correction

H.J. page 1033, line 31, after "George" insert ", McElhany, and Dyer";

after "Wham" insert "Ament, and J. Johnson".

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

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk