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HOUSE JOURNAL

SIXTY-FIRST GENERAL ASSEMBLY

STATE OF COLORADO

Second Regular Session

Twenty-seventh Legislative Day Monday, February 2, 1998

Prayer by the Reverend Bill Haan, Englewood Bible Church.

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

The roll was called with the following result:

Present--64.

Vacancy--1.

The Speaker declared a quorum present.

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On motion of Representative Gotlieb, the reading of the journal of January 30, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

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LETTER OF RESIGNATION

January 31, 1998

The Honorable Chuck Berry

Speaker of the House

House of Representatives

State Capitol

Denver, CO 80203

Dear Mr. Speaker:

Because I have run for the Senate District 9 Vacancy Committee selection, and been selected to fill that vacancy, I hereby resign my position as the State Representative from House District 20. This resignation is effective immediately upon my being sworn in as the State Senator from District 9, which swearing in ceremony is tentatively set for Monday, February 2, 1998.

It has been a great honor to serve the people of House District 20, and to serve the Republican caucus in the House of Representatives as Majority Whip. I look forward to an even greater opportunity to serve more people as the State Senator from Senate District 9.

Sincerely,

(signed)

Doug Lamborn, State Representative

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REPORT OF COMMITTEE OF REFERENCE

JUDICIARY

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

HB98­1183 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

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

"SECTION 1.  14­10­103 (3), Colorado Revised Statutes, is amended, and the said 14­10­103 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

14­10­103.  Definition and interpretation of terms. (3)  On and after July 1, 1993, the term "visitation" has been changed to "parenting time". It is not the intent of the general assembly to modify or change the meaning of the term "visitation" nor to alter the legal rights of a noncustodial parent with respect to the child as a result of changing the term "visitation" to "parenting time".

(4)  ON AND AFTER FEBRUARY 1, 1999, THE TERM "CUSTODY" AND RELATED TERMS SUCH AS "CUSTODIAL" AND "CUSTODIAN" HAVE BEEN CHANGED TO "PARENTAL RESPONSIBILITIES". IT IS NOT THE INTENT OF THE GENERAL ASSEMBLY TO MODIFY OR CHANGE THE MEANING OF THE TERM "CUSTODY" NOR TO ALTER THE LEGAL RIGHTS OF ANY CUSTODIAL PARENT WITH RESPECT TO THE CHILD AS A RESULT OF CHANGING THE TERM "CUSTODY" TO "PARENTAL RESPONSIBILITIES".

SECTION 2.  14­10­104.5, Colorado Revised Statutes, is amended to read:

14­10­104.5.  Legislative declaration.  The general assembly recognizes that it is in the best interests of the parties to a marriage in which a dissolution has been granted and in which there are children of the marriage for the parties to be able to resolve disputes that arise subsequent to the dissolution in an amicable and fair manner. THE GENERAL ASSEMBLY FURTHER RECOGNIZES THAT, IN MOST CASES, IT IS IN THE BEST INTERESTS OF THE CHILDREN OF THE MARRIAGE TO HAVE A RELATIONSHIP WITH BOTH PARENTS AND THAT, IN MOST CASES, IT IS THE PARENTS' RIGHT TO HAVE A RELATIONSHIP WITH THEIR CHILDREN. The general assembly emphasizes that one of the underlying purposes of this article is to mitigate the potential harm to the spouses and their children AND THE RELATIONSHIPS BETWEEN THE PARENTS AND THEIR CHILDREN caused by the process of legal dissolution of marriage. The general assembly recognizes that when a marriage in which children are involved is dissolved both parties either agree to or are subject to orders which contain certain obligations and commitments. The general assembly declares that the honoring and enforcing of those obligations and commitments made by both parties is necessary to maintaining a relationship which THAT is in the best interest of the children of the marriage. In recognition thereof the general assembly hereby declares that both parties should honor and fulfill all of the obligations and commitments made between the parties and ordered by the court.

SECTION 3.  14­10­123, Colorado Revised Statutes, is amended to read:

14­10­123.  Commencement of proceedings concerning allocation of parental responsibilities ­ jurisdiction. (1)  A child custody proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES is commenced in the district court or as otherwise provided by law:

(a)  By a parent:

(I)  By filing a petition for dissolution or legal separation; or

(II)  By filing a petition seeking custody of the ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO A child in the county where the child is permanently resident or where he THE CHILD is found; or

(b)  By a person other than a parent, by filing a petition seeking custody of THE ALLOCATION OF PARENTAL RESPONSIBILITIES FOR the child in the county where the child is permanently resident or where he THE CHILD is found, but only if the child is not in the physical custody CARE of one of his THE CHILD'S parents;

(c)  By a person other than a parent who has had THE physical custody CARE of a child for a period of six months or more, if such action is commenced within six months of the termination of such physical custody CARE; or

(d)  By a parent or person other than a parent who has been granted custody of HAD PARENTAL RESPONSIBILITIES CONCERNING a child ALLOCATED TO SUCH PERSON through a juvenile court order entered pursuant to section 19­1­104 (6), C.R.S., by filing a certified copy of the juvenile court order in the county where the child is permanently resident. Such order shall be treated in the district court as any other custody decree issued in a child custody proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES.

(2)  Except for a proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES commenced pursuant to paragraph (d) of subsection (1) of this section, notice of a child custody proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES shall be given to the child's parent, guardian, and custodian PERSON ALLOCATED PARENTAL RESPONSIBILITIES, who may appear and be heard and may file a responsive pleading. The court may, upon a showing of good cause, permit the intervention of other interested parties.

SECTION 4.  14­10­123.3, Colorado Revised Statutes, is amended to read:

14­10­123.3.  Requests for placement ­ responsibility and authority for a child by grandparents.  Whenever a grandparent seeks legal custody of AUTHORITY AND RESPONSIBILITY FOR his or her grandchild pursuant to the provisions of this article, the court entering such order shall consider any credible evidence of the grandparent's past conduct of child abuse or neglect. Such evidence may include, but shall not be limited to, medical records, school records, police reports, records of the state central registry of child protection, and court records.

SECTION 5.  14­10­123.4, Colorado Revised Statutes, is amended to read:

14­10­123.4.  Rights of children in matters relating to parental responsibilities.  The general assembly hereby declares that children have certain rights in the determination of custody MATTERS RELATING TO THE PARENTAL RESPONSIBILITIES WITH RESPECT TO SUCH CHILDREN, including the right to have such determinations based upon the best interests of the child.

SECTION 6. Repeal.  14­10­123.5, Colorado Revised Statutes, is repealed as follows:

14­10­123.5.  Joint custody. (1)  For the purposes of this article, "joint custody" means an order awarding legal custody of the minor child to both parties and providing that all major decisions regarding the health, education, and general welfare of the child shall be made jointly. The order may designate one party as a residential custodian for the purpose of determining the legal residence of the child. The order may also provide that one party shall have a longer period of physical custody of the child than the other party, but such provision shall have no legal effect on the rights or responsibilities of the parties with regard to joint custody. The order shall state that, under emergency circumstances, it is sufficient for either party to sign legal releases or to take any other necessary measures.

(2)  Joint custody shall not eliminate the duty of child support ordered pursuant to section 14­10­115, nor shall joint custody alone constitute grounds for modification of a support order. In making the determination of child support, the court may consider, in addition to the factors specified in section 14­10­115, the ability of each party to maintain adequate housing for the child and may order modified support payments to continue from one party to the other during a period when the child is not residing in the home of the payee.

(3)  In order to implement joint custody, both parties may submit a plan or plans for the court's approval. If no plan is submitted or if the court does not approve a submitted plan, the court, on its own motion, shall formulate a plan which shall address and resolve, where applicable, the parties' arrangements for the following:

(a)  The location of both parties, the periods of time during which each party will have physical custody of the child, and the legal residence of the child;

(b)  The child's education;

(c)  The child's religious training, if any;

(d)  The child's health care;

(e)  Finances to provide for the child's needs;

(f)  Holidays and vacations; and

(g)  Any other factors affecting the physical or emotional health and well­being of the child.

(4)  The court may order mediation to assist the parties in formulating or modifying a plan or in implementing a plan specified in subsection (3) of this section and may allocate the cost of said mediation between the parties.

(5)  The final plan specified in subsection (3) of this section shall be jointly agreed to by the parties.

(6)  Repealed.

(7)  Notwithstanding any other provision of law to the contrary, access to information pertaining to a minor child, including but not limited to medical, dental, and school records, shall not be denied to the noncustodial parent.

(8)  In the event of a dispute about the necessity of or the type of medical treatment provided to the minor child or children, either parent shall be allowed to obtain necessary medical treatment for the minor child or children without being in violation of the joint custody order or in contempt of court.

SECTION 7.  14­10­123.6, Colorado Revised Statutes, is amended to read:

14­10­123.6.  Required notice of prior restraining orders to prevent domestic abuse ­ proceedings concerning parental responsibilities relating to a child.  When filing a child custody proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES RELATING TO A CHILD pursuant to this article, the filing party shall have a duty to disclose to the court the existence of any prior temporary or permanent restraining orders to prevent domestic abuse issued pursuant to article 4 of this title entered against either party by any court within ninety days prior to the filing of the child custody proceeding. The disclosure required pursuant to this section shall address the subject matter of the previous restraining orders, including the case number and jurisdiction issuing such orders.

SECTION 8.  14­10­123.7 (2), Colorado Revised Statutes, is amended to read:

14­10­123.7.  Parental education ­ legislative declaration. (2)  A court may order a parent of a WHOSE child IS under eighteen years of age to attend a program designed to provide education concerning the impact of separation and divorce on children in cases in which the parent of a minor is a named party in a dissolution of marriage proceeding, a legal separation proceeding, custody or A PROCEEDING CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES, parenting time proceedings, or postdecree proceedings involving custody THE ALLOCATION OF PARENTAL RESPONSIBILITIES or parenting time or proceedings in which the parent is the subject of a restraining order issued pursuant to this article.

SECTION 9.  Article 10 of title 14, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

14­10­123.8.  Access to records. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ACCESS TO INFORMATION PERTAINING TO A MINOR CHILD, INCLUDING BUT NOT LIMITED TO MEDICAL, DENTAL, AND SCHOOL RECORDS, SHALL NOT BE DENIED TO EITHER PARENT.

SECTION 10.  14­10­124, Colorado Revised Statutes, is amended to read:

14­10­124.  Best interests of child. (1)  Legislative declaration. The general assembly finds and declares that it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage. In order to effectuate this goal, the general assembly urges parents to share the rights and responsibilities of child­rearing and to encourage the love, affection, and contact between the children and the parents.

(1.5)  Allocation of parental responsibilities.  THE COURT SHALL DETERMINE THE ALLOCATION OF PARENTAL RESPONSIBILITIES, INCLUDING PARENTING TIME AND DECISION­MAKING RESPONSIBILITIES, IN ACCORDANCE WITH THE BEST INTERESTS OF THE CHILD GIVING PARAMOUNT CONSIDERATION TO THE PHYSICAL, MENTAL, AND EMOTIONAL CONDITIONS AND NEEDS OF THE CHILD AS FOLLOWS:

(a)  Determination of parenting time. The court shall determine custody in accordance with the best interests of the child. The court, upon the motion of either party or upon its own motion, may order joint or sole custody after making a finding that joint or sole custody would be advantageous to the child and in his best interests MAKE PROVISIONS FOR PARENTING TIME THAT THE COURT FINDS ARE IN THE CHILD'S BEST INTERESTS UNLESS THE COURT FINDS, AFTER A HEARING, THAT PARENTING TIME BY THE PARTY WOULD ENDANGER THE CHILD'S PHYSICAL HEALTH OR SIGNIFICANTLY IMPAIR THE CHILD'S EMOTIONAL DEVELOPMENT. In determining the best interests of the child FOR PURPOSES OF PARENTING TIME, the court shall consider all relevant factors, including:

(a) (I)  The wishes of the child's parents as to his custody PARENTING TIME;

(b) (II)  The wishes of the child as to his custodian IF HE OR SHE IS SUFFICIENTLY MATURE TO EXPRESS REASONED AND INDEPENDENT PREFERENCES AS TO THE PARENTING TIME SCHEDULE;

(c) (III)  The interaction and interrelationship of the child with his OR HER parents, his OR HER siblings, and any other person who may significantly affect the child's best interests;

(d) (IV)  The child's adjustment to his OR HER home, school, and community;

(e) (V)  The mental and physical health of all individuals involved;

(f)  The ability of the custodian to encourage the sharing of love, affection, and contact between the child and the noncustodial party;

(g)  Credible evidence of the ability of the parties to cooperate and to make decisions jointly;

(h)  Credible evidence of the (VI)  THE ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;

(i) (VII)  Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support; which would indicate an ability as joint custodians to provide a positive and nourishing relationship with the child;

(j) (VIII)  The physical proximity of the parties to each other as this relates to the practical considerations of awarding joint custody PARENTING TIME;

(k)  Whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parties;

(l) (IX)  Whether one of the parties has been a perpetrator of child abuse or neglect under section 18­6­401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence; If the court makes a finding of fact that one of the parties has been a perpetrator of child abuse or neglect, then it shall not be in the best interests of the child to award joint custody over the objection of the other party or the guardian ad litem of the child.

(m) (X)  Whether one of the parties has been a perpetrator of spouse abuse as defined in subsection (4) of this section, which factor shall be supported by credible evidence; If the court makes a finding of fact that one of the parents has been a perpetrator of spouse abuse, then it shall not be in the best interests of the child to award joint custody over the objection of the other party or the guardian ad litem of the child, unless the court finds that the parties are able to make shared decisions about their children without physical confrontation and in a place and manner which is not a danger to the abused spouse or the child.

(n) (XI)  THE ABILITY OF EACH PARTY TO PLACE THE NEEDS OF THE CHILD AHEAD OF HIS OR HER OWN NEEDS.

(b)  Allocation of decision­making responsibility. THE COURT, UPON THE MOTION OF EITHER PARTY OR ITS OWN MOTION, SHALL ALLOCATE THE DECISION­MAKING RESPONSIBILITIES BETWEEN THE PARTIES BASED UPON THE BEST INTERESTS OF THE CHILD. IN DETERMINING DECISION­MAKING RESPONSIBILITY, THE COURT MAY ALLOCATE THE DECISION­MAKING RESPONSIBILITY WITH RESPECT TO EACH ISSUE AFFECTING THE CHILD MUTUALLY BETWEEN BOTH PARTIES OR INDIVIDUALLY TO ONE OR THE OTHER PARTY OR ANY COMBINATION THEREOF. IN DETERMINING THE BEST INTERESTS OF THE CHILD FOR PURPOSES OF ALLOCATING DECISION­MAKING RESPONSIBILITIES, THE COURT SHALL CONSIDER, IN ADDITION TO THE FACTORS SET FORTH IN PARAGRAPH (a) OF THIS SUBSECTION (1.5), ALL RELEVANT FACTORS INCLUDING:

(I)  CREDIBLE EVIDENCE OF THE ABILITY OF THE PARTIES TO COOPERATE AND TO MAKE DECISIONS JOINTLY;

(II)  WHETHER THE PAST PATTERN OF INVOLVEMENT OF THE PARTIES WITH THE CHILD REFLECTS A SYSTEM OF VALUES, TIME COMMITMENT, AND MUTUAL SUPPORT THAT WOULD INDICATE AN ABILITY AS MUTUAL DECISION MAKERS TO PROVIDE A POSITIVE AND NOURISHING RELATIONSHIP WITH THE CHILD;

(III)  WHETHER AN ALLOCATION OF MUTUAL DECISION­MAKING RESPONSIBILITY ON ANY ONE OR A NUMBER OF ISSUES WILL PROMOTE MORE FREQUENT OR CONTINUING CONTACT BETWEEN THE CHILD AND EACH OF THE PARTIES;

(IV)  WHETHER ONE OF THE PARTIES HAS BEEN A PERPETRATOR OF CHILD ABUSE OR NEGLECT UNDER SECTION 18­6­401, C.R.S., OR UNDER THE LAW OF ANY STATE, WHICH FACTOR SHALL BE SUPPORTED BY CREDIBLE EVIDENCE. IF THE COURT MAKES A FINDING OF FACT THAT ONE OF THE PARTIES HAS BEEN A PERPETRATOR OF CHILD ABUSE OR NEGLECT, THEN IT SHALL NOT BE IN THE BEST INTERESTS OF THE CHILD TO ALLOCATE MUTUAL DECISION­MAKING WITH RESPECT TO ANY ISSUE OVER THE OBJECTION OF THE OTHER PARTY OR THE REPRESENTATIVE OF THE CHILD.

(V)  WHETHER ONE OF THE PARTIES HAS BEEN A PERPETRATOR OF SPOUSE ABUSE AS DEFINED IN SUBSECTION (4) OF THIS SECTION, WHICH FACTOR SHALL BE SUPPORTED BY CREDIBLE EVIDENCE. IF THE COURT MAKES A FINDING OF FACT THAT ONE OF THE PARTIES HAS BEEN A PERPETRATOR OF SPOUSE ABUSE, THEN IT SHALL NOT BE IN THE BEST INTERESTS OF THE CHILD TO ALLOCATE MUTUAL DECISION­MAKING RESPONSIBILITY OVER THE OBJECTION OF THE OTHER PARTY OR THE REPRESENTATIVE OF THE CHILD, UNLESS THE COURT FINDS THAT THE PARTIES ARE ABLE TO MAKE SHARED DECISIONS ABOUT THEIR CHILDREN WITHOUT PHYSICAL CONFRONTATION AND IN A PLACE AND MANNER THAT IS NOT A DANGER TO THE ABUSED PARTY OR THE CHILD.

(2)  The court shall not consider conduct of a proposed custodian PARTY that does not affect his THAT PARTY'S relationship to the child.

(3) In considering a proposed custodian DETERMINING PARENTING TIME OR DECISION-MAKING RESPONSIBILITIES, the court shall not presume that any person is better able to serve the best interests of the child because of that person's sex.

(4) If a parent PARTY is absent or leaves home because of spouse abuse by the other parent PARTY, such absence or leaving shall not be a factor in determining the best interests of the child. For the purpose of this subsection (4), "spouse abuse" means the proven threat of or infliction of physical pain or injury by a spouse OR A PARTY on the other parent PARTY.

(5)  Repealed.

(6) IN THE EVENT OF A DISPUTE ABOUT THE NECESSITY OR TYPE OF MEDICAL TREATMENT PROVIDED TO THE MINOR CHILD OR CHILDREN, EITHER PARTY SHALL BE ALLOWED TO OBTAIN NECESSARY MEDICAL TREATMENT FOR THE MINOR CHILD OR CHILDREN WITHOUT BEING IN VIOLATION OF THE ORDER ALLOCATING DECISION­MAKING RESPONSIBILITY OR IN CONTEMPT OF COURT.

(7)  IN ORDER TO IMPLEMENT AN ORDER ALLOCATING PARENTAL RESPONSIBILITIES AND RIGHTS, BOTH PARTIES MAY SUBMIT A PARENTING PLAN OR PLANS FOR THE COURT'S APPROVAL THAT SHALL ADDRESS BOTH PARENTING TIME AND THE ALLOCATION OF DECISION­MAKING RESPONSIBILITIES. IF NO PARENTING PLAN IS SUBMITTED OR IF THE COURT DOES NOT APPROVE A SUBMITTED PARENTING PLAN, THE COURT, ON ITS OWN MOTION, SHALL FORMULATE A PARENTING PLAN THAT SHALL ADDRESS PARENTING TIME AND THE ALLOCATION OF DECISION­MAKING RESPONSIBILITIES.

(8)  THE COURT MAY ORDER MEDIATION TO ASSIST THE PARTIES IN FORMULATING OR MODIFYING A PARENTING PLAN OR IN IMPLEMENTING A PARENTING PLAN SPECIFIED IN SUBSECTION (7) OF THIS SECTION AND MAY ALLOCATE THE COST OF SAID MEDIATION BETWEEN THE PARTIES.

SECTION 11.  14­10­125, Colorado Revised Statutes, is amended to read:

14­10­125.  Temporary orders. (1)  A party to a custody proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES may move for a temporary custody order. The court may award temporary custody ALLOCATE TEMPORARY PARENTAL RESPONSIBILITIES, INCLUDING TEMPORARY PARENTING TIME AND TEMPORARY DECISION­MAKING RESPONSIBILITY, after a hearing.

(2)  If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary custody order CONCERNING THE ALLOCATION OF PARENTAL RESPONSBILITIES is vacated unless a parent or the child's custodian PERSON ALLOCATED PARENTAL RESPONSIBILITIES moves that the proceeding continue as a custody proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES and the court finds, after a hearing, that the circumstances of the parents and the best interests of the child require that a custody decree CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES be issued.

(3)  If a custody proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any temporary custody order CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES is vacated.

SECTION 12.  14­10­126 (1), Colorado Revised Statutes, is amended to read:

14­10­126.  Interviews. (1)  The court may interview the child in chambers to ascertain the child's wishes as to his custodian THE ALLOCATION OF PARENTAL RESPONSIBILITIES. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made, and it shall be made part of the record in the case.

SECTION 13.  14­10­127 (1) (a) (I), (2), (3), (4), (6) (b), and (7), Colorado Revised Statutes, are amended to read:

14­10­127.  Evaluation and reports. (1) (a) (I)  In all custody proceedings CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO A CHILD, the court shall, upon motion of either party or may upon its own motion, order the court probation department, any county or district social services department, or a licensed mental health professional qualified pursuant to subsection (4) of this section to perform an evaluation and file a written report concerning custodial THE DISPUTED ISSUES RELATING TO THE ALLOCATION OF PARENTAL RESPONSIBILITIES or parenting time arrangements, or both, for the child, unless such motion by either party is made for the purpose of delaying the proceedings. No later than January 1, 1990, any court or social services department personnel appointed by the court to do such evaluation shall be qualified pursuant to subsection (4) of this section. When a mental health professional performs the evaluation, the court shall appoint or approve the selection of the mental health professional. The moving party shall, at the time of the appointment of the evaluator, deposit a reasonable sum with the court to pay the cost of the evaluation. The court may order the reasonable charge for such evaluation and report to be assessed as costs between the parties. The court shall appoint another mental health professional to perform a supplemental evaluation at the initial expense of the moving party. unless The court SHALL NOT ORDER A SUPPLEMENTAL EVALUATION IF IT determines that any of the following applies, based on motion and supporting affidavits:

(A)  Such motion is interposed for purposes of delay;

(B)  A party objects, and the party who objects or the child has a physical or mental condition which THAT would make it harmful for such party or the child to participate in the supplemental evaluation;

(C)  The purpose of such motion is to harass or oppress the other party;

(D)  The moving party has failed or refused to cooperate with the first evaluation; or

(E)  The weight of the evidence other than the custody evaluation CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES OR PARENTING TIME by the mental health professional demonstrates that a second evaluation would not be of benefit to the court in determining custody THE ALLOCATION OF PARENTAL RESPONSIBILITIES AND PARENTING TIME.

(2)  In preparing his THE report concerning a child, the evaluator may consult any person who may have information about the child and his THE CHILD'S potential custodial PARENTING arrangements. Upon order of the court, the evaluator may refer the child to other professional personnel for diagnosis. The evaluator may consult with and obtain information from medical, mental health, educational, or other expert persons who have served the child in the past without obtaining the consent of the parent or the child's custodian PERSON ALLOCATED PARENTAL RESPONSIBILITIES FOR THE CHILD; but the child's consent must be obtained if he THE CHILD has reached the age of fifteen YEARS unless the court finds that he THE CHILD lacks mental capacity to consent. If the requirements of subsections (3) to (7) of this section are fulfilled, the evaluator's report may be received in evidence at the hearing.

(3)  The evaluator shall mail his THE report to the court and to counsel and to any party not represented by counsel at least twenty days prior to the hearing. The evaluator shall make available to counsel and to any party not represented by counsel his OR HER file of underlying data and reports, complete texts of diagnostic reports made to the evaluator pursuant to the provisions of subsections (2), (5), and (6) of this section, and the names and addresses of all persons whom the evaluator has consulted. Any party to the proceeding may call the evaluator and any person WITH whom he THE EVALUATOR has consulted for cross­examination. No party may waive his OR HER right of cross­examination prior to the hearing.

(4)  A person shall not be allowed to testify regarding a custody PARENTAL RESPONSIBILITIES or parenting time evaluation which THAT the person has performed pursuant to this section unless the court finds that the person is qualified as competent, by training and experience, in the areas of:

(a)  The effects of divorce and remarriage on children, adults, and families;

(b)  Appropriate parenting techniques;

(c)  Child development, including cognitive, personality, emotional, and psychological development;

(d)  Child and adult psychopathology;

(e)  Applicable clinical assessment techniques; and

(f)  Applicable legal and ethical requirements of child custody PARENTAL RESPONSIBILITIES evaluation.

(6) (b)  A mental health professional may make recommendations even though all parties and the child have not been evaluated by the same mental health professional in the following circumstances if the mental health professional states with particularity in his OR HER opinion the limitations of his OR HER findings and recommendations:

(I)  Any of the parties reside outside Colorado and it would not be feasible for all parties and the child to be evaluated by the same mental health professional; or

(II)  One party refuses or is unable to cooperate with the court­ordered evaluation; or

(III)  The mental health professional is a member of a team of professionals which THAT performed the child custody evaluation and is presenting recommendations of the team which THAT has interviewed and assessed all parties to the dispute.

(7) (a)  A written report of the evaluation shall be provided to the court and to the parties pursuant to subsection (3) of this section.

(b)  The report of the evaluation shall include, but need not be limited to, the following information:

(I)  A description of the procedures employed during the evaluation;

(II)  A report of the data collected;

(III)  A conclusion which THAT explains how the resulting recommendations were reached from the data collected, with specific reference to criteria listed in section 14­10­124 (1.5), and, if applicable, to the criteria listed in sections SECTION 14­10­131, and 14­10­131.5, and their relationship to the results of the evaluation;

(IV)  Recommendations concerning custody THE ALLOCATION OF PARENTAL RESPONSIBILITIES FOR THE CHILD, INCLUDING DECISION­MAKING RESPONSIBILITY, parenting time, and other considerations; and

(V)  An explanation of any limitations in the evaluations or any reservations regarding the resulting recommendations.

SECTION 140  14­10­128 (1), (3), and (4), Colorado Revised Statutes, are amended to read:

14­10­128.  Hearings. (1)  Custody Proceedings CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO A CHILD shall receive priority in being set for hearing.

(3)  The court without a jury shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child's best interests, the court may exclude the public from a custody hearing CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES but may admit any person who has a direct and legitimate interest in the particular case or a legitimate educational or research interest in the work of the court.

(4)  If the court finds it necessary in order to protect the child's welfare that the record of any interview, report, investigation, or testimony in a custody proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES be kept secret, the court shall make an appropriate order sealing the record.

SECTION 150  14­10­129 (1), (2), and (3) (a), Colorado Revised Statutes, are amended, and the said 14-10-129 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:

14­10­129.  Modification of parenting time. (1)  A parent not granted custody of the child is entitled to reasonable parenting time rights unless the court finds, after a hearing, that parenting time by the parent would endanger the child's physical health or significantly impair the child's emotional development.

(2)  The court may make or modify an order granting or denying parenting time rights whenever such order or modification would serve the best interests of the child; but the court shall not restrict a parent's parenting time rights unless it finds that the parenting time would endanger the child's physical health or significantly impair the child's emotional development. Nothing in this section shall be construed to affect grandparent visitation granted pursuant to section 19­1­117, C.R.S.

(1.5)  IF A MOTION FOR A SUBSTANTIAL MODIFICATION OF THE PARENTING TIME ORDER HAS BEEN FILED, WHETHER OR NOT IT HAS BEEN GRANTED, NO SUBSEQUENT MOTION MAY BE FILED WITHIN TWO YEARS AFTER DISPOSITION OF THE PRIOR MOTION UNLESS THE COURT DECIDES, ON THE BASIS OF AFFIDAVITS, THAT THE CHILD'S PRESENT ENVIRONMENT MAY ENDANGER THE CHILD'S PHYSICAL HEALTH OR SIGNIFICANTLY IMPAIR THE CHILD'S EMOTIONAL DEVELOPMENT.

(2)  THE COURT SHALL NOT MODIFY A PRIOR ORDER CONCERNING PARENTING TIME THAT SUBSTANTIALLY CHANGES THE PARENTING TIME ORDER UNLESS IT FINDS, UPON THE BASIS OF FACTS THAT HAVE ARISEN SINCE THE PRIOR DECREE OR THAT WERE UNKNOWN TO THE COURT AT THE TIME OF THE PRIOR DECREE, THAT A CHANGE HAS OCCURRED IN THE CIRCUMSTANCES OF THE CHILD OR THE PARTY WITH WHOM THE CHILD RESIDES THE MAJORITY OF THE TIME AND THAT THE MODIFICATION IS NECESSARY TO SERVE THE BEST INTERESTS OF THE CHILD. IN APPLYING THESE STANDARDS, THE COURT SHALL RETAIN THE PARENTING TIME SCHEDULE ESTABLISHED IN THE PRIOR DECREE UNLESS:

(a)  THE PARTIES AGREE TO THE MODIFICATION;

(b)  THE CHILD HAS BEEN INTEGRATED INTO THE FAMILY OF THE MOVING PARTY WITH THE CONSENT OF THE OTHER PARTY; OR

(c)  THE CHILD'S PRESENT ENVIRONMENT ENDANGERS THE CHILD'S PHYSICAL HEALTH OR SIGNIFICANTLY IMPAIRS THE CHILD'S EMOTIONAL DEVELOPMENT AND THE HARM LIKELY TO BE CAUSED BY A CHANGE OF ENVIRONMENT IS OUTWEIGHED BY THE ADVANTAGE OF A CHANGE TO THE CHILD.

(3) (a)  If a noncustodial parent has been convicted of any of the crimes listed in paragraph (b) of this subsection (3), or convicted of any crime in which the underlying factual basis has been found by the court on the record to include an act of domestic violence, as defined in section 18­6­800.3 (1), C.R.S., which THAT constitutes a potential threat or endangerment to the child, the custodial OTHER parent, or any other person who has been granted custody of OR AUTHORITY AND RESPONSIBILITY FOR the child pursuant to court order may file an objection to parenting time with the court. The custodial OTHER parent or other person having custody OR AUTHORITY AND RESPONSIBILITY shall give notice to the noncustodial OFFENDING parent of such objection as provided by the Colorado rules of civil procedure, and the noncustodial OFFENDING parent shall have twenty days from such notice to respond. If the noncustodial OFFENDING parent fails to respond within twenty days, the parenting time rights of the noncustodial SUCH parent shall be suspended until further order of the court. If the noncustodial SUCH parent responds and objects, a hearing shall be held within thirty days of such response. The court may determine that any noncustodial OFFENDING parent who responds and objects shall be responsible for the costs associated with any hearing, including reasonable attorney fees incurred by the custodial OTHER parent. In making such determination, the court shall consider the criminal record of the noncustodial OFFENDING parent and any actions to harass the custodial OTHER parent and the children, any mitigating actions by the noncustodial OFFENDING parent, and whether the actions of either parent have been substantially frivolous, substantially groundless, or substantially vexatious. The noncustodial OFFENDING parent shall have the burden at the hearing to prove that parenting time by the noncustodial SUCH parent is in the best interests of the child or children.

SECTION 160  The introductory portion to 14­10­129.5 (2) and 14­10­129.5 (2) (f), Colorado Revised Statutes, are amended to read:

14­10­129.5.  Disputes concerning parenting time. (2)  After the hearing, if a court finds that a parent has not complied with the parenting time order or schedule and has violated the court order, the court, in the best interests of the child, shall issue an order which THAT may include but not be limited to one or more of the following orders:

(f)  An order scheduling a hearing for modification of custody THE ALLOCATION OF PARENTAL RESPONSIBILITIES with respect to a motion filed pursuant to section 14­10­131; or 14­10­131.5;

SECTION 170  14­10­130, Colorado Revised Statutes, is amended to read:

14­10­130.  Judicial supervision. (1)  Except as otherwise agreed by the parties in writing at the time of the custody decree CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO A CHILD, the custodian PERSON OR PERSONS WITH RESPONSIBILITY FOR DECISION­MAKING may determine the child's upbringing, including his OR HER education, health care, and religious training, unless the court, after hearing and upon motion by the noncustodial parent OTHER PARTY, finds that, in the absence of a specific limitation of the custodian's PERSON'S OR PERSONS' DECISION-MAKING authority, the child's physical health would be endangered or his THE CHILD'S emotional development significantly impaired.

(2)  If both parents PARTIES or all contestants agree to the order or if the court finds that in the absence of the order the child's physical health would be endangered or the child's emotional development significantly impaired, the court may order the county or district welfare department or the court's probation department to exercise continuing supervision over the case to assure that the custodial TERMS RELATING TO THE ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO THE CHILD or parenting time terms of the decree are carried out.

SECTION 180  14­10­131, Colorado Revised Statutes, is amended to read:

14­10­131.  Modification of decision­making responsibility. (1)  If a motion for modification of a CUSTODY decree granting custody to one party OR A DECREE ALLOCATING DECISION­MAKING RESPONSIBILITY has been filed, whether or not it was granted, no subsequent motion may be filed within two years after disposition of the prior motion unless the court decides, on the basis of affidavits, that there is reason to believe that the child's present environment A CONTINUATION OF THE PRIOR DECREE OF CUSTODY OR ORDER ALLOCATING DECISION-MAKING RESPONSIBILITY may endanger his THE CHILD'S physical health or significantly impair his THE CHILD'S emotional development.

(2)  The court shall not modify a prior custody decree granting custody to one party OR A DECREE ALLOCATING DECISION­MAKING RESPONSIBILITY unless it finds, upon the basis of facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child or his THE CHILD'S custodian OR PARTY TO WHOM DECISION­MAKING RESPONSIBILITY WAS ALLOCATED and that the modification is necessary to serve the best interests of the child. In applying these standards, the court shall retain the custodian THE ALLOCATION OF DECISION­MAKING RESPONSIBILITY established by the prior decree unless:

(a)  The custodian agrees PARTIES AGREE to the modification;

(b)  The child has been integrated into the family of the petitioner with the consent of the custodian or OTHER PARTY AND SUCH SITUATION WARRANTS A MODIFICATION OF THE ALLOCATION OF DECISION-MAKING RESPONSIBILITIES;

(b.5)  THERE HAS BEEN A MODIFICATION IN THE PARENTING TIME ORDER PURSUANT TO SECTION 14­10­129, THAT WARRANTS A MODIFICATION OF THE ALLOCATION OF DECISION­MAKING RESPONSIBILITIES;

(b.7)  A PARTY HAS CONSISTENTLY CONSENTED TO THE OTHER PARTY MAKING INDIVIDUAL DECISIONS FOR THE CHILD WHICH DECISIONS THE OTHER PARTY WAS TO MAKE INDIVIDUALLY OR THE PARTIES WERE TO MAKE MUTUALLY; OR

(c)  The child's present environment endangers his TO RETAIN THE ALLOCATION OF DECISION-MAKING RESPONSIBILITY WOULD ENDANGER THE CHILD'S physical health or significantly impairs his THE CHILD'S emotional development and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child.

SECTION 190  Repeal.  14­10­131.5, Colorado Revised Statutes, is repealed as follows:

14­10­131.5.  Joint custody modification ­ termination. (1)  Except as provided in subsection (3) of this section, an award of joint custody may be modified or terminated upon motion of one or both parties or on the court's own motion, if such modification or termination is in the best interest of the child, as specified in section 14­10­124 (1.5), and the harm likely to be caused by the change of environment is outweighed by the advantage of such change to the child. The court shall also take into consideration the pattern of involvement of the parties with the child.

(2)  No motion for modification of joint custody may be filed within two years after disposition of a prior motion for modification unless the parties stipulate to such a change or the court decides on the basis of affidavits that adequate cause for hearing the motion is established, in which case the court shall set a date for a hearing on the motion.

(3)  When a motion to modify joint custody is filed, the burden of proof is on the party seeking a change, and the standard is by a preponderance of the evidence.

(4)  Any order awarding custody of a minor child entered by a court of this state or any order of a court in another state which is enforceable by a court of this state pursuant to section 14­10­123 may be modified from sole custody to joint custody at any time pursuant to this section.

SECTION 200  Article 10 of title 14, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:

14­10­131.6.  Relocation of child. (1)  IF A PARTY ELECTS TO CHANGE RESIDENCES IN SUCH A WAY THAT WOULD REQUIRE A SUBSTANTIAL MODIFICATION OF THE PARENTING PLAN, THE PARTY PROPOSING TO MOVE SHALL BEAR THE BURDEN OF PROOF TO PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT THE MOVE WOULD BE IN THE BEST INTERESTS OF THE CHILD. IN DETERMINING WHETHER TO MODIFY THE PARENTING PLAN, AUTHORIZING THE CHANGE OF RESIDENCE OF THE CHILD, THE COURT SHALL CONSIDER, IN ADDITION TO THE BEST INTERESTS OF THE CHILD, SUCH FACTORS AS THE EMPLOYMENT OPPORTUNITIES AVAILABLE TO THE PARTY WISHING TO MOVE, MARITAL RELATIONSHIPS AND ANY OTHER SIGNIFICANT RELATIONSHIPS IMPACTING THE CHILD, AND SUCH OTHER FACTORS AS MAY IMPACT THE BEST INTERESTS OF THE CHILD.

(2)  THE PARTY WISHING TO AMEND THE PARENTING PLAN BECAUSE OF A CHANGE IN RESIDENCE SHALL PROVIDE THE OTHER PARTY WITH WRITTEN NOTICE AS SOON AS PRACTICABLE OF HIS OR HER INTENT TO MODIFY THE PARENTING PLAN, THE ADDRESS AT WHICH THE PARTY INTENDS TO RESIDE, AND THE BASES FOR SUCH MODIFICATION OF THE PARENTING PLAN BY A CHANGE IN RESIDENCE.

(3)  A COURT HEARING PURSUANT TO THIS SECTION SHALL TAKE PRECEDENCE ON THE COURT'S DOCKET.

14­10­131.7.  Designation of custody for the purpose of other state and federal statutes. FOR PURPOSES OF ALL OTHER STATE AND FEDERAL STATUTES THAT REQUIRE A DESIGNATION OR DETERMINATION OF CUSTODY, THE PARENTING PLAN SET FORTH IN THE COURT'S ORDER SHALL IDENTIFY THE RESPONSIBILITIES OF EACH OF THE PARTIES.

14­10­131.8.  Construction ­ actions pending prior to February 1, 1999. NOTWITHSTANDING THE REPEAL AND MODIFICATION OF PRIOR LAWS, CAUSES OF ACTION RELATING TO THE ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO A CHILD, PARENTING PLANS, PARENTING TIME, AND VISITATION THAT WERE PROPERLY AND VALIDLY PENDING IN THE DISTRICT COURTS OF THIS STATE PRIOR TO FEBRUARY 1, 1999, SHALL NOT BE GOVERNED BY THIS ARTICLE, BUT SHALL BE GOVERNED BY THE PROVISIONS OF THE LAW IN EFFECT ON JANUARY 31, 1999.

14­10­131.9.  Decrees entered into prior to February 1, 1999. (1)  DECREES UNDER THIS ARTICLE INVOLVING CHILD CUSTODY, PARENTING TIME, GRANDPARENT VISITATION, OR CHILD SUPPORT ENTERED IN CAUSES OF ACTION COMMENCED PRIOR TO FEBRUARY 1, 1999, SHALL BE DEEMED TO BE PARENTING PLANS FOR PURPOSES OF THIS ARTICLE.

(2)  THE ENACTMENT OF THE 1999 REVISIONS TO THIS ARTICLE DOES NOT CONSTITUTE SUBSTANTIALLY CHANGED CIRCUMSTANCES FOR THE PURPOSES OF MODIFYING DECREES INVOLVING CHILD CUSTODY, PARENTING TIME, GRANDPARENT VISITATION, OR CHILD SUPPORT. ANY ACTION TO MODIFY ANY DECREE INVOLVING CHILD CUSTODY, PARENTING TIME, GRANDPARENT VISITATION, CHILD SUPPORT, OR A PARENTING PLAN SHALL BE GOVERNED BY THE PROVISIONS OF THIS ARTICLE.

SECTION 210  14­10­132, Colorado Revised Statutes, is amended to read:

14­10­132.  Affidavit practice. A party seeking the modification of a custody decree OR A DECREE CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES shall submit, together with his OR HER moving papers, an affidavit setting forth facts supporting the requested modification and shall give notice, together with a copy of his OR HER affidavit, to other parties to the proceeding, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested modification should not be granted.

SECTION 220  Effective date ­ applicability. (1)  This act shall take effect February 1, 1999, unless a referendum petition is filed during the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect February 1, 1999.

(2)  The provisions of this act shall apply to causes of action filed on or after the effective date of this act and to motions filed on or after the effective date of this act for modifications of previously entered court orders.". ______________

PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB98-1311, 1312, 1313, 1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323, 1324, 1325, 1326, 1327, 1328, 1329, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1337, and 1338; also HCR98-1005.

_______________

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.

HB98-1015 by Representative Leyba; also Senator Wham--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.

The question being "Shall the bill pass?".

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

YES 64 NO 0 EXCUSED 0 ABSENT 0 VACANCY 1

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

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

HB98-1052 by Representative Dyer; also Senator B. Alexander--Concerning the addition of for-profit organizations to the list of student employers for purposes of higher education work-study programs.

The question being "Shall the bill pass?".

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

YES 64 NO 0 EXCUSED 0 ABSENT 0 VACANCY 1

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 YFaatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Bacon, G.Berry, Gotlieb, Reeser, Romero, Takis, Tupa, S.Williams.

HB98-1102 by Representative Owen; also Senator Blickensderfer--Concerning enforcement of the Colorado instant criminal background check system, and, in connection therewith, changing the repeal date to coincide with federal law and clarifying certain provisions within the Colorado instant criminal background check system.

The question being "Shall the bill pass?".

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

YES 62 NO 2 EXCUSED 0 ABSENT 0 VACANCY 1

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

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 N

Taylor Y

Tool Y

Tucker Y

Tupa N

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

HB98-1168 by Representative Arrington; also Senator Coffman--Concerning limitations on the use of social security account numbers.

The question being "Shall the bill pass?".

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

YES 64 NO 0 EXCUSED 0 ABSENT 0 VACANCY 1

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson YArrington 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

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Agler, Kreutz, Paschall, Salaz, Tupa.

HB98-1208 by Representatives S. Williams, Bacon, and Keller; also Senator Wattenberg--Concerning the exception of school psychologists and school social workers from certain teacher licensing examination requirements.

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 8 EXCUSED 0 ABSENT 0 VACANCY 1

Adkins Y

Agler Y

Alexander Y

Allen N

Anderson N

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz N

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz N

Lawrence N

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey N

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz N

Saliman Y

Schauer N

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsor added: Representative Mace.

HB98-1139 by Representative Leyba; also Senator Chlouber--Concerning a strengthening of the prohibition against the use of tobacco at 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 41 NO 23 EXCUSED 0 ABSENT 0 VACANCY 1

Adkins N

Agler Y

Alexander N

Allen N

Anderson Y

Arrington Y

Bacon N

Berry, G. Y

Chavez Y

Clarke Y

Dean N

Dyer Y

Entz Y

Epps N

Faatz Y

George N


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn 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 N

Nichol Y

Owen N

Pankey N

Paschall N

Pfiffner N

Reeser Y

Romero Y

Salaz N

Saliman Y

Schauer N

Sinclair Y

Smith N


Snyder Y

Spradley N

Sullivant N

Swenson Y

Takis N

Tate Y

Taylor N

Tool N

Tucker Y

Tupa N

Udall Y

Veiga N

Williams, S. Y

Williams, T. Y

Young N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Kaufman, Morrison, Tucker.

HB98-1079 by Representative Miller; also Senator Ament--Concerning prisoner lawsuits.

As shown by the following roll call vote, a majority of all members elected to the House voted in the affirmative, and Representative Grossman was given permission to offer a Third Reading amendment:

YES 64 NO 0 EXCUSED 0 ABSENT 0 VACANCY 1

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

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

Third Reading amendment No. 1, by Representative Grossman.

Amend engrossed bill, page 3, line 14, strike "BY THE";

line 15, strike " DEPARTMENT OF CORRECTIONS.";" and substitute "FOR THE DETAINING FACILITY.".

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

YES 64 NO 0   EXCUSED 0   VACANCY 1 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz 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

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 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 passed.

YES 60    NO 4   EXCUSED 0   ABSENT 0 VACANCY 1

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

Lawrence Y

Leyba N

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman N

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis 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

Co-sponsors added: Representatives Adkins, Alexander, G.Berry, Dean, Grossman, Hagedorn, Johnson, Kaufman, Morrison, Nichol, Paschall, Pfiffner, Smith, Sullivant, Taylor, Young, Zimmerman.

HB98-1103 by Representative Clarke; also Senators Bishop, Linkhart, and Reeves--Concerning payment for medically-related services to inmates in the department of corrections.

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 52    NO 12   EXCUSED 0 ABSENT 0   VACANCY 1

Adkins N

Agler N

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean N

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz N

Lawrence Y

Leyba Y

Mace Y

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 Y

Salaz N

Saliman Y

Schauer Y

Sinclair Y

Smith N


Snyder Y

Spradley Y

Sullivant N

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker N

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young N

Zimmerman Y

Mr. Speaker Y

HB98-1141 by Representative Allen; also Senator Lacy --Concerning termination of a tenancy on the basis of acts that constitute a public nuisance.

The question being "Shall the bill pass?".

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

YES 57 NO 7 EXCUSED 0 ABSENT 0 VACANCY 1

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

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 N

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith N


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis N

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

Co-sponsors added: Representatives Arrington, Paschall, Young.

HB98-1143 by Representatives Spradley, Dyer, Epps, George, S. Johnson, Keller, Lawrence, and May; also Senators Arnold, Bishop, and Pascoe--Concerning the eligibility requirements for children to be enrolled in the health care program sponsored by the public employees' retirement association.

The question being "Shall the bill pass?".

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

YES 64 NO 0   EXCUSED 0   ABSENT 0 VACANCY 1

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

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Dean, Takis, Taylor, S.Williams.

HB98-1036 by Representative S. Johnson; also Senator Hopper--Concerning exempting the permanently disabled from having to provide proof of disability to renew their special license plates, and, in connection therewith, extending such exemption to the renewal of identifying placards.

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 34 NO 30   EXCUSED 0   ABSENT 0 VACANCY 1

Adkins Y

Agler N

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez NClarke N

Dean N

Dyer Y

Entz Y

Epps Y

Faatz N

George Y


Gordon N

Gotlieb Y

Grampsas Y

Grossman N

Hagedorn Y

Johnson Y

June Y

Kaufman Y

Keller N

Kreutz N

Lawrence N

Leyba N

Mace N

May Y

McElhany Y


McPherson Y

Miller Y

Morrison N

Musgrave Y

Nichol N

Owen Y

Pankey N

Paschall N

Pfiffner Y

Reeser Y

Romero N

Salaz N

Saliman N

Schauer Y

Sinclair Y

Smith Y


Snyder N

Spradley Y

Sullivant N

Swenson Y

Takis Y

Tate N

Taylor N

Tool Y

Tucker N

Tupa N

Udall N

Veiga N

Williams, S. N

Williams, T. N

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives G.Berry, Gotlieb, McElhany.

HB98-1081 by Representative Bacon; also Senators Reeves and Hopper--Concerning reporting by motor vehicle owners in conjunction with the registration of such vehicles in the AIR program area.

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 1   EXCUSED 0   ABSENT 0 VACANCY 1

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

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 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

HB98-1054 by Representative McPherson; also Senator Schroeder--Concerning the use of inmate labor for disaster relief.

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 5   EXCUSED 0   ABSENT 0 VACANCY 1

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 Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn 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 N

Tate N

Taylor Y

Tool Y

Tucker Y

Tupa N

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsor added: Representative Kaufman.

HB98-1057 by Representative Sullivant; also Senator Chlouber --Concerning funding for pupils who attend school in a school district other than the school district of residence under the provisions of article 36 of title 22, C.R.S.

The question being "Shall the bill pass?".

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

YES 62    NO 2   EXCUSED 0   ABSENT 0 VACANCY 1

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson N

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz N

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Dean, Paschall, Taylor.

HB98-1225 by Representative Epps; also Senator Wham--Concerning adjustment of the fee for the physicians' and physician assistants' peer health assistance program.

The question being "Shall the bill pass?".

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

YES 61    NO 3   EXCUSED 0   ABSENT 0 VACANCY 1

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 N

Grossman Y

Hagedorn 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 N

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 Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Hagedorn, Lawrence, Mace, Morrison.

HB98-1176 by Representative Swenson; also Senator Powers--Concerning waste tire recycling, and, in connection therewith, directing the department of local affairs to use moneys from the waste tire recycling development cash fund to provide partial reimbursement to waste tire processors and end users.

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 52    NO 12   EXCUSED 0   ABSENT 0 VACANCY 1

Adkins N

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps N

Faatz N

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz N

Lawrence Y

Leyba N

Mace Y

May Y

McElhany Y


McPherson N

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen N

Pankey Y

Paschall N

Pfiffner Y

Reeser Y

Romero Y

Salaz N

Saliman Y

Schauer Y

Sinclair Y

Smith N


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young N

Zimmerman N

Mr. Speaker Y

Co-sponsor added: Representative Dean.

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.

Laid over until February 9, retaining place on Calendar.

HB98-1210 by Representatives Tupa, Epps, Clarke, and S. Williams; also Senator Wham--Concerning the infant immunization tracking system.

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 1   EXCUSED 0   ABSENT 0 VACANCY 1

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

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 Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Hagedorn, Mace, Snyder.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, Consideration of General Orders (HB98-1011, 1088, 1060, 1179, 1110, 1021, 1124, 1138, 1106, 1188, 1220, 1020, 1029, 1105 was laid over until February 3, retaining place on Calendar.

______________

CONSIDERATION OF RESOLUTION

HJR98-1007 by Representative Entz; also Senator Ament--Concerning modification of the drinking water eligibility list.

(Printed and placed in Member's files; also printed in House Journal, January 19, pages 109-114.)

On motion of Representative Entz, the resolution was adopted by the following roll call vote:

YES 64    NO 0   EXCUSED 0   ABSENT 0 VACANCY 1

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

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Miller, Nichol, Reeser, Taylor, Young.

_______________

CHANGES IN SPONSORSHIP

Due to the resignation of Representative Lamborn, the Speaker announced the following changes in bill sponsorship:

HB98-1058--Representative Adkins

HB98-1100--Representative Salaz

HB98-1170--Representative George

HB98-1241--Representative Adkins

HB98-1242--Representative Anderson

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and returns herewith: HJR98-1006.

______________

INTRODUCTION OF BILLS

First Reading

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

HB98-1339 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of agriculture.

Committee on Appropriations.

HB98-1340 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of corrections.

Committee on Appropriations.

HB98-1341 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of education.

Committee on Appropriations.

HB98-1342 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of health care policy and financing.

Committee on Appropriations.

HB98-1343 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of higher education.

Committee on Appropriations.

HB98-1344 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of human services.

Committee on Appropriations.

HB98-1345 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the judicial department.

Committee on Appropriations.

HB98-1346 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of labor and employment.

Committee on Appropriations.

HB98-1347 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of law.

Committee on Appropriations.

HB98-1348 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of local affairs.

Committee on Appropriations.

HB98-1349 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of military affairs.

Committee on Appropriations.

HB98-1350 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of natural resources.

Committee on Appropriations.

HB98-1351 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of personnel.

Committee on Appropriations.

HB98-1352 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of public health and environment.

Committee on Appropriations.

HB98-1353 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of public safety.

Committee on Appropriations.

HB98-1354 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of regulatory agencies.

Committee on Appropriations.

HB98-1355 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of revenue.

Committee on Appropriations.

HB98-1356 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of transportation.

Committee on Appropriations.

HB98-1357 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of the treasury.

Committee on Appropriations.

HB98-1358 by Representatives Grampsas, Owen, Romero, George, McElhany, and Dyer; also Senators Lacy, Blickensderfer, Rizzuto, Wham, Ament, and J. Johnson--Concerning supplemental appropriations for capital construction.

Committee on Appropriations.

_______________

House in recess. House reconvened.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

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

HB98-1002 , amended as printed in Senate Journal, January 29, pages 121-122.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, HB98-1002.

______________

INTRODUCTION OF BILL

First Reading

The following bill was read by title and referred to the committee indicated:

HB98-1359 by Representative Dean; also Senator Lacy--Concerning elections.

Committee on State, Veterans, and Military Affairs.

_______________

On motion of Representative Anderson, the House adjourned until 9:00 a.m., February 3, 1998.

Approved:


CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk