Prayer by the Reverend Bob Hayes, Englewood
Bible Church.
The Speaker called the House to order at 10:00
a.m.
The roll was called with the following result:
Present--65.
The Speaker declared a quorum present.
_______________
On motion of Representative Grossman, the reading of the journal of February 6, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEES OF REFERENCE
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee
recommends the following:
HB98-1012 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. 1223102.5,
Colorado Revised Statutes, is amended to read:
1223102.5. Repeal of article.
This article is repealed, effective July
1, 1998 JULY 1, 2000. Prior to such
repeal, the state electrical board shall be reviewed as provided
for in section 2434104, C.R.S.
SECTION 2. Repeal.
2434104 (27) (a) (II), Colorado Revised Statutes,
is repealed as follows:
2434104. General assembly
review of regulatory agencies and functions for termination, continuation,
or reestablishment. (27) (a) The
following boards in the division of registrations shall terminate
on July 1, 1998:
(II) The state
electrical board, created by article 23 of title 12, C.R.S.;
SECTION 3. 2434104
(29), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
2434104. General assembly
review of regulatory agencies and functions for termination, continuation,
or reestablishment. (29) The
following boards shall terminate on July 1, 2000:
(d) THE STATE ELECTRICAL BOARD, CREATED
BY ARTICLE 23 OF TITLE 12, C.R.S.
SECTION 4. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.".
Page 1, strike line 102 and substitute "THE
STATE ELECTRICAL BOARD".
HB98-1014 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 1, line 5, strike "2011"
and substitute "2003".
HB98-1299 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 18, strike lines 3 through
6 and substitute the following:
"MANUFACTURED, SOLD, OR DISTRIBUTED;".
Page 19, strike lines 8 through 10 and substitute
"OF THIS ARTICLE; AND";
line 25, strike "TIMES, PLACES," and substitute
"PLACES".
Page 20, strike lines 11 through 13.
Reletter succeeding paragraphs accordingly.
Page 21, line 4, strike "PERSONS, LOCATIONS,
AND EQUIPMENT" and substitute "PERSONS AND LOCATIONS";
strike lines 5 through 7 and substitute "GAMING;
AND";
line 8, strike "(q)" and substitute "(o)".
Page 23, line 13, strike "expenditure;"
and substitute "expenditure; AND";
strike lines 14 through 16.
Reletter succeeding sub-subparagraphs accordingly.
Page 23, line 19, strike "applied; and"
and substitute "applied. and";
strike lines 20 through 22.
Page 27, line 3, strike "FOR A";
strike line 4;
line 5, strike "FOR ANY OTHER" and substitute
"BY ANY".
Page 28, after line 23, insert the following:
"SECTION 11. 129104.5
(6), Colorado Revised Statutes, is amended, and the said 129104.5
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
129104.5. Landlord licensees
stipulations. (6) EXCEPT
AS OTHERWISE PROVIDED IN SUBSECTION (7) OF THIS SECTION, no landlord
licensee or any employee or agent of a landlord licensee shall
be a party responsible for or assisting with the conduct, management,
or operation of any game of chance within Colorado; except that
a landlord licensee which
THAT is also a bingoraffle licensee may conduct such activities
as its bingoraffle license allows exclusively on its own
behalf.
(7) NOTWITHSTANDING SUBSECTION (6) OF
THIS SECTION:
(a) A PERSON WHO IS AN EMPLOYEE OF A LANDLORD
LICENSEE AND WHO IS ALSO A MEMBER OF A BINGORAFFLE LICENSEE
MAY ASSIST IN THE CONDUCT, MANAGEMENT, OR OPERATION OF A GAME
OF CHANCE DURING A BINGORAFFLE OCCASION HELD BY SUCH BINGORAFFLE
LICENSEE AT THE LANDLORD LICENSEE'S PREMISES WHEN NOT SO EMPLOYED
BY THE LANDLORD LICENSEE DURING SUCH OCCASION; AND
(b) A LANDLORD LICENSEE WHO IS A MEMBER
OF A BINGORAFFLE LICENSEE CONDUCTING A LICENSED GAME OF
CHANCE AT PREMISES OTHER THAN THAT OPERATED BY SUCH LANDLORD LICENSEE
MAY ASSIST IN THE CONDUCT, MANAGEMENT, OR OPERATION OF A GAME
OF CHANCE FOR SUCH BINGORAFFLE LICENSEE.".
Renumber succeeding sections accordingly.
Page 29, line 14, strike "PERIOD NOT TO EXCEED
TWO YEARS." and substitute "PERIOD ESTABLISHED BY THE
COMMISSION BY RULE.";
line 22, strike "12-9-107 (1)," and substitute
"12-9-107 (1) and (7)," and strike "is" and
substitute "are".
Page 30, strike lines 14 through 22;
line 23, strike "(c)" and substitute "(b)".
Page 31, line 6, after "LEASED", insert
"ONLY";
line 7, strike "LICENSEE PURSUANT TO A" and substitute "LICENSEE.";
after line 7, insert the following:
"(7) No licensee may hold, operate, or conduct
a game of bingo or lotto more often than on one hundred five
FIFTY-EIGHT occasions in any calendar year.";
strike lines 8 through 17.
Renumber succeeding sections accordingly.
Page 31, strike lines 19 and 20 and substitute "are
amended to read:".
Page 32, strike line 5 and substitute the following:
"and bingo-raffle licensees; except that:
(a) A supplier or manufacturer or its";
line 10, change the period to a semicolon and add
"AND";
after line 10, insert the following:
"(b) A BINGO-RAFFLE LICENSEE MAY SELL ANY OR
ALL OF ITS USED EQUIPMENT TO ANOTHER BINGO-RAFFLE LICENSEE.";
strike lines 11 through 16.
EDUCATION
After consideration on the merits, the Committee
recommends the following:
HB98-1278, 1301
be postponed indefinitely.
HB98-1279 be referred
to the Committee on Finance with favorable recommendation.
JUDICIARY
After consideration on the merits, the Committee
recommends the following:
HB98-1125, 1194, 1223
be postponed indefinitely.
HB98-1201 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 2, after line 5, insert
the following:
"SECTION 2. Appropriation. In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the general fund not otherwise appropriated,
to the judicial department, for the fiscal year beginning July
1, 1998, the sum of two hundred nine thousand seven hundred sixty-two
dollars ($209,762) and 3.0 FTE, or so much thereof as may be necessary,
for the implementation of this act.".
Renumber succeeding section accordingly.
Page 1, line 101, strike "COUNTY."
and substitute "COUNTY, AND MAKING AN APPROPRIATION IN CONNECTION
THEREWITH.".
HB98-1268 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 3, strike lines 20 through
26.
Renumber succeeding sections accordingly.
Page 4, strike lines 1 through 8, and substitute
the following:
"SECTION 3. Part
1 of article 1 of title 17, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
171125. Appropriation to
comply with section 22703.
(1) PURSUANT TO SECTION 22703, C.R.S.,
THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS
MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT HB 98-1268, ENACTED
AT THE SECOND REGULAR SESSION OF THE SIXTYFIRST GENERAL
ASSEMBLY:
(a) FOR THE FISCAL YEAR BEGINNING JULY
1, 1998, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION
RESERVE FUND CREATED IN SECTION 171116, THE SUM OF
SIXTY-NINE THOUSAND EIGHT HUNDRED ELEVEN DOLLARS ($69,811).
(b) (I) FOR THE FISCAL YEAR BEGINNING
JULY 1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS
HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION
RESERVE FUND CREATED IN SECTION 171116, THE SUM OF
NINETEEN THOUSAND SEVEN HUNDRED EIGHTY DOLLARS ($19,780).
(II) FOR THE FISCAL YEAR BEGINNING JULY
1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS
IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF TWENTY-THREE
THOUSAND THREE HUNDRED FIFTY-TWO DOLLARS ($23,352).
(c) FOR THE FISCAL YEAR BEGINNING JULY
1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS
IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF SIX
THOUSAND SIX HUNDRED SIXTEEN DOLLARS ($6,616).
(d) FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, 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.
(e) FOR THE FISCAL YEAR BEGINNING JULY
1, 2002, 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.".
Page 1, line 103, strike "CRIME." and substitute
"CRIME, AND MAKING AN APPROPRIATION THEREFOR.".
HB98-1272 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 6, line 8, after "THE", insert "DISTRICT OR".
______________
PRINTING REPORT
The Chief Clerk reports the following bill has been correctly printed: HB98-1367.
______________
DELIVERY OF RESOLUTION TO GOVERNOR
The Chief Clerk of the House of Representatives reports the following resolution has been delivered to the Office of the Governor: HJR98-1007 at 9:13 a.m., on February 9, 1998.
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has adopted and transmits herewith: SJR98-005.
______________
INTRODUCTION OF BILL
First Reading
The following bill was read by title and referred
to the committee indicated:
HB98-1368 by Representative Adkins--Concerning scientific and cultural facilities districts, and, in connection therewith, authorizing the inclusion of all of Douglas county in the Denver metropolitan scientific and cultural facilities district and authorizing the creation of scientific and cultural facilities districts that are not coterminous with county boundaries.
Committee on Local Government.
_______________
INTRODUCTION AND CONSIDERATION OF RESOLUTION
The following resolution was read at length and given
immediate consideration:
SJR98-5 by Senators
Powers, Bishop, and Norton; also Representative Owen--Memorializing
the President and the Congress to enact legislation to rename
the Washington National Airport as the "Ronald
Reagan Washington National Airport".
On motion of Representative Owen, the rules were
suspended and the resolution given immediate consideration and
adopted by the following roll call vote:
YES 51 NO 14 EXCUSED 0 ABSENT 0
| Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon N Berry, G. Y Chavez N Clarke N Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon Y Gotlieb Y Grampsas Y Grossman N Hagedorn Y Hefley Y Johnson Y June Y Kaufman Y Keller N 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 N Salaz Y Saliman N Schauer Y Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson Y Takis N Tate N Taylor Y Tool Y Tucker Y Tupa N Udall N Veiga N Williams, S. N Williams, T. Y Young Y Zimmerman N Mr. Speaker Y |
Co-sponsors added: Representatives Arrington, Dean, Epps, Hefley, Johnson, Pankey, Pfiffner, Smith, Taylor, Tucker, Young, Mr. Speaker.
_______________
THIRD READING OF BILL--FINAL PASSAGE
The following bill was considered on Third Reading.
The title was publicly read. Reading of the bill at length was
dispensed with by unanimous consent.
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.
Referred to the Committee on Appropriations.
_______________
On motion of Representative Anderson, HB98-1339, 1340, 1341, 1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358 shall be made Special Orders on Monday, February 9, 1998, at 10:27 a.m.
_______________
The hour of 10:27 a.m., having arrived, on motion
of Representative Young, the House resolved itself into Committee
of the Whole for consideration of Special Orders and he was called
to the Chair to act as Chairman. _______________
SPECIAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman
reported the titles of the following bills had been read (reading
at length had been dispensed with by unanimous consent), the bills
considered and action taken thereon as follows:
(Amendments to the committee amendment are to the
printed committee report which was printed and placed in the members'
bill file.)
HB98-1339 by Representatives
Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer,
and Rizzuto--Concerning a supplemental appropriation to the department
of agriculture.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1340 by Representatives
Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer,
and Rizzuto--Concerning a supplemental appropriation to the department
of corrections.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1341 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning a supplemental appropriation to the department of education.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
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.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB98-1343 by Representatives
Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer,
and Rizzuto--Concerning a supplemental appropriation to the department
of higher education.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1344 by Representatives
Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer,
and Rizzuto--Concerning a supplemental appropriation to the department
of human services.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1345 by Representatives
Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer,
and Rizzuto--Concerning a supplemental appropriation to the judicial
department.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
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.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1347 by Representatives
Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer,
and Rizzuto--Concerning a supplemental appropriation to the department
of law.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1348 by Representatives
Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer,
and Rizzuto--Concerning a supplemental appropriation to the department
of local affairs.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1349 by Representatives
Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer,
and Rizzuto--Concerning a supplemental appropriation to the department
of military affairs.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1350 by Representatives
Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer,
and Rizzuto--Concerning a supplemental appropriation to the department
of natural resources.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1351 by Representatives
Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer,
and Rizzuto--Concerning a supplemental appropriation to the department
of personnel.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
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.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1353 by Representatives
Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer,
and Rizzuto--Concerning a supplemental appropriation to the department
of public safety.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1354 by Representatives
Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer,
and Rizzuto--Concerning a supplemental appropriation to the department
of regulatory agencies.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1355 by Representatives
Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer,
and Rizzuto--Concerning a supplemental appropriation to the department
of revenue.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1356 by Representatives
Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer,
and Rizzuto--Concerning a supplemental appropriation to the department
of transportation.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1357 by Representatives
Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer,
and Rizzuto--Concerning a supplemental appropriation to the department
of the treasury.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
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.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB98-1339, 1340, 1341,
1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352,
1353, 1354, 1355, 1356, 1357, 1358.
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 65 NO 0 EXCUSED 0 ABSENT 0
| Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon Y Gotlieb Y Grampsas Y Grossman Y Hagedorn Y 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 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 |
________________
On motion of Representative Young, the House resolved
itself into Committee of the Whole for consideration of General
Orders, and he was called to the Chair to act as Chairman.
________________
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman
reported the titles of the following bills had been read (reading
at length had been dispensed with by unanimous consent), the bills
considered and action taken thereon as follows:
(Amendments to the committee amendment are to the
printed committee report which was printed and placed in the members'
bill file.)
HB98-1011 by Representatives
Entz and Miller; also Senators Dennis and J. Johnson--Concerning
the replacement of depletions from new withdrawals of groundwater
in water division 3 that will affect the rate or direction of
movement of groundwater in the confined aquifer, and, in connection
therewith, authorizing the state engineer to promulgate rules
that optimize the use of the groundwater and provide alternative
methods to prevent injury.
Referred to the Committee on Appropriations.
HB98-1088 by Representative
Kaufman; also Senator Mutzebaugh--Concerning procedural changes
for the strengthening of the criminal laws.
Referred to the Committee on Appropriations.
HB98-1124 by Representative
McElhany; also Senator Wells--Con-cerning the extension
of the statutory limitation period for theft of trade secrets.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1138 by Representative
Arrington--Concerning the expansion of the definition of unlawful
entry when a person is immune for the use of force against an
intruder.
Amendment No. 1, Judiciary
Report, dated January 27, 1998, and placed in member=s
bill file; Report also printed in House Journal, January 28, page
264.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1106 by Representatives
Tucker, G. Berry, Paschall, and Schauer; also Senators Mutzebaugh,
Chlouber, and Norton --Concerning the authority of the air quality
control commission to revise control regulations to utilize new
or improved technology.
Amendment No. 1, State, Veterans, and Military Affairs Report, dated January 27, 1998, and placed in member's bill file; Report also printed in House Journal, January 28, page 259.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1188 by Representatives
Snyder and Saliman; also Senator Wham--Concerning the "Fair
Campaign Practices Act".
Amendment No. 1, State,
Veterans, and Military Affairs Report, dated January 27, 1998,
and placed in member's
bill file; Report also printed in House Journal, January 28, page
259.
Amendment No. 2, by Representative
Anderson.
Amend printed bill, page 6, after line 10, insert
the following:
"SECTION 7. 145113
(1), Colorado Revised Statutes, is amended, and the said 145113
is further amended BY THE ADDITION OF A NEW SUBSECTION to read:
145113. Sanctions.
(1) (a) It shall be a class two misdemeanor for
any person to willfully and intentionally violate sections 145104,
145105, 145106, or 145107.
C.R.S.
It shall also be a class two misdemeanor for any person to willfully
and intentionally fail to disclose any contribution or expenditure
on any report filed pursuant to this article.
(b) A CAMPAIGN TREASURER OR INDIVIDUAL
VOLUNTEERING HIS OR HER TIME ON BEHALF OF A CANDIDATE OR CANDIDATE
COMMITTEE SHALL BE IMMUNE FROM THE CRIMINAL LIABILITY IMPOSED
PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (1).
(6) NO CAMPAIGN TREASURER FOR A CANDIDATE
COMMITTEE OR ANY INDIVIDUAL VOLUNTEERING HIS OR HER TIME ON BEHALF
OF A CANDIDATE OR CANDIDATE COMMITTEE SHALL BE PERSONALLY LIABLE
FOR ANY FINE OR PENALTY IMPOSED PURSUANT TO THIS SECTION.".
Renumber succeeding section accordingly.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1220 by Representative
Taylor; also Senator Wattenberg--Concerning the regulation of
plumbers by the board of plumbing examiners.
Referred to the Committee on Appropriations.
HB98-1020 by Representatives
Taylor, Clarke and Leyba; also Senators Reeves, Bishop, and Linkhart--Concerning
the modification of requirements for the exemption of certain
local governments from audits.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1029 by Representative Takis; also Senator Martinez--Concerning the term of office for mayors in statutory council-manager cities.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1105 by Representative
Anderson; also Senator Powers--Concerning reporting in local government
elections pursuant to the "Fair Campaign Practices Act".
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1109 by Representatives
Taylor, G. Berry, Paschall, and Schauer; also Senators Ament,
Chlouber, and Mutze-baugh--Concerning the responsibilities of
federal officials in connection with visibility monitoring in
class I areas.
Amendment No. 1, Agriculture,
Livestock and Natural Resources Report, dated January 29, 1998,
and placed in member's
bill file; Report also printed in House Journal, January 30, page
283.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1142 by Representative
Owen; also Senator Ament--Concerning the use of community rating
criteria in small group health insurance plans.
Amendment No. 1, Business
Affairs and Labor Report, dated January 29, 1998, and placed in
member's
bill file; Report also printed in House Journal, January 30, pages
300-302.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1050 by Representative
Tool; also Senator Wells--Concerning multiple-year employment
contracts at institutions of higher education.
Amendment No. 1, by Representative
Faatz.
Amend printed bill, page 2, line 2, before "SUBSECTION",
insert "PARAGRAPH (a) OF";
line 11, strike "AND";
line 14, strike "APPROPRIATED." and substitute
"APPROPRIATED; AND";
after line 14, insert the following:
"(c) THE CONTRACT CONTAINS THE TERMS
REQUIRED BY PARAGRAPHS (b) AND (c) OF SUBSECTION (1) OF THIS SECTION.".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1186 by Representatives
S. Williams, Bacon, Dyer, Entz, Mace, S. Johnson, and Keller;
also Senator Chlouber--Con-cerning teaching of American Indian
culture in public schools.
Amendment No. 1, Education
Report, dated January 28, 1998, and placed in member's
bill file; Report also printed in House Journal, January 30, page
285.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1026 by Representative
June; also Senator Powers--Concerning the theft of public transportation
services.
Amendment No. 1, Transportation
Report, dated January 14, 1998, and placed in member's
bill file; Report also printed in House Journal, January 16, page
100.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1047 by Representative
McPherson; also Senator Powers--Concerning regulation by the department
of transportation of signs located on rights-of-way of interstate
highways, and, in connection therewith, authorizing the placement
of business signs for tourist-oriented attractions, authorizing
the placement of business signs in urbanized areas, and allowing
for the financing of such signage through public-private initiatives.
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, pages
212-213.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1064 by Representative
Tool; also Senator Rizzuto--Concerning an increase
in the amount of fee retained when collecting motor vehicle registration
fees.
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 (HB98-1060, 1179, 1110, 1021, 1203, 1039, 1067, 1097, 1112, 1130, 1150, 1162, 1132, 1230, 1040, 1104, 1116, 1183, 1164, 1171, 1231, 1249, 1261, 1170, 1251, 1253, 1140, 1154, 1235, 1019, 1226, 1053, 1229, 1245, 1207, 1215, 1224) was laid over until February 10, retaining place on Calendar.
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB98-1124, 1138 amended, 1106 amended, 1188 amended, 1020, 1029, 1105, 1109 amended, 1142 amended, 1050 amended, 1186 amended, 1026 amended, 1047 amended, 1064.
Laid over until date indicated retaining place on
Calendar: HB98-1060, 1179, 1110, 1021, 1203, 1039, 1067, 1097,
1112, 1130, 1150, 1162, 1132, 1230, 1040, 1104, 1116, 1183, 1164,
1171, 1231, 1249, 1261, 1170, 1251, 1253, 1140, 1154, 1235, 1019,
1226, 1053, 1229, 1245, 1207, 1215, 1224--February 10, 1998.
Referred to Committee indicated: HB98-1011, 1088,
1220--Committee on Appropriations.
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 65 NO 0 EXCUSED 0 ABSENT 0
| Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon Y Gotlieb Y Grampsas Y Grossman Y Hagedorn Y 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 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 |
_______________
REPORTS OF COMMITTEE OF REFERENCE
FINANCE
After consideration on the merits, the Committee
recommends the following:
HB981005
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 10 Legislative declaration. The
general assembly hereby finds that the partial tax exemption created
in this act for business personal property and the resulting decrease
in the amount of property tax paid on business personal property
will benefit not just business owners but all citizens of the
state, because reducing a business' property tax liability will
enable the business to invest or spend the amount of the property
tax reduction, thereby stimulating economic growth.
SECTION 20 Article 3 of title
39, Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW SECTION to read:
393119.7. Personal property
exemption from school district property tax. FOR
PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, PERSONAL
PROPERTY NOT OTHERWISE EXEMPT FROM PROPERTY TAX SHALL BE EXEMPT
FROM THE LEVY AND COLLECTION OF PROPERTY TAX BY SCHOOL DISTRICTS
FOR THE PAYMENT OF THE COSTS OF THE FINANCIAL BASE OF SUPPORT
FOR THE SYSTEM OF FREE PUBLIC SCHOOLS IN THE STATE AS DETERMINED
UNDER THE PROVISIONS OF THE "PUBLIC SCHOOL FINANCE ACT
OF 1994", ARTICLE 54 OF TITLE 22, C.R.S., AND FOR THE
PURPOSE OF GENERATING REVENUE TO REPLACE CATEGORICAL PROGRAM SUPPORT
FUNDS THAT SCHOOL DISTRICTS WOULD OTHERWISE BE ELIGIBLE TO RECEIVE
FROM THE STATE. THE EXEMPTION GRANTED PURSUANT TO THIS SECTION
SHALL APPLY ONLY TO THE FIRST TWENTYFIVE THOUSAND DOLLARS
OF PERSONAL PROPERTY LISTED ON A SINGLE PERSONAL PROPERTY SCHEDULE.
SECTION 30 Article 40 of title
22, Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW SECTION to read:
2240102.5. Personal property
exemption. NOTWITHSTANDING
ANY PROVISION OF THIS ARTICLE TO THE CONTRARY, FOR PROPERTY TAX
YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, PERSONAL PROPERTY
NOT OTHERWISE EXEMPT FROM PROPERTY TAX SHALL BE EXEMPT FROM THE
LEVY AND COLLECTION OF PROPERTY TAX BY SCHOOL DISTRICTS FOR THE
PAYMENT OF THE COSTS OF THE FINANCIAL BASE OF SUPPORT FOR THE
SYSTEM OF FREE PUBLIC SCHOOLS IN THE STATE AS DETERMINED UNDER
THE PROVISIONS OF THE "PUBLIC SCHOOL FINANCE ACT OF 1994",
ARTICLE 54 OF THIS TITLE, AND FOR THE PURPOSE OF GENERATING REVENUE
TO REPLACE CATEGORICAL PROGRAM SUPPORT FUNDS THAT SCHOOL DISTRICTS
WOULD OTHERWISE BE ELIGIBLE TO RECEIVE FROM THE STATE. THE EXEMPTION
GRANTED PURSUANT TO THIS SECTION SHALL APPLY ONLY TO THE FIRST
TWENTYFIVE THOUSAND DOLLARS OF PERSONAL PROPERTY LISTED
ON A SINGLE PERSONAL PROPERTY SCHEDULE.
SECTION 40 2254106
(2), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
2254106. Local and state
shares of district total program. (2) (d) IN
DETERMINING THE NUMBER OF MILLS IT WILL LEVY FOR THE 19992000
BUDGET YEAR, EACH SCHOOL DISTRICT SHALL BASE THE DETERMINATION
ON THE SCHOOL DISTRICT'S ASSESSED VALUATION FOR THE 1999 PROPERTY
TAX YEAR, PLUS THE ASSESSED VALUATION OF ALL PERSONAL PROPERTY
THAT IS EXEMPT FROM THE LEVY AND COLLECTION OF PROPERTY TAX BY
THE SCHOOL DISTRICT PURSUANT TO SECTION 393119.7,
C.R.S.
SECTION 50 2254106
(9), Colorado Revised Statutes, is amended to read:
2254106. Local and state
shares of district total program. (9) (a) If
a district reduces or ends business personal property taxes through
action taken pursuant to section 20 (8) (b) of article X of the
state constitution, the state's share of the district's total
program for the budget year in which such action is taken and
any budget year thereafter shall be the amount by which the district's
total program exceeds the amount of specific ownership tax revenue
paid to the district and the amount of property tax revenue which
the district would have been entitled to receive if such action
had not been taken by the district.
(b) THE PROVISIONS OF THIS SUBSECTION
(9) SHALL NOT APPLY TO THE PROPERTY TAX EXEMPTION CREATED PURSUANT
TO SECTION 393119.7, C.R.S.
SECTION 60 Safety clause. The
general assembly hereby finds, determines, and declares that this
act is necessary for the immediate preservation of the public
peace, health, and safety.".
HB98-1065, 1228
be referred to the Committee of the Whole with favorable recommendation.
HB981100
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 19 through
26.
Page 3, strike lines 1 through 7 and substitute the
following:
"SECTION 3. Effective
date. This act shall take effect at 12:01 a.m.
on the day following the expiration of 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; except that, if 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 on the date
of the official declaration of the vote thereon by proclamation
of the governor.".
HB98-1152 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 10, strike "TWENTY-THREE"
and substitute "TWENTY-FOUR";
line 11, strike "NINETEEN" and substitute
"TWENTY-TWO";
line 13, strike "FIFTEEN" and substitute
"TWENTY".
HB98-1182, 1212, 1232, 1263, 1275 be postponed indefinitely.
HB98-1266 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, line 4, strike "SIX"
and substitute "TWO THOUSAND THREE HUNDRED";
line 5, strike "THOUSAND";
line 8, strike "TWELVE THOUSAND" and substitute
"FOUR THOUSAND SIX HUNDRED".
HCR981002
be amended as follows, and as so amended, be referred to the Committee
of the Whole with favorable recommendation:
Amend printed concurrent resolution, page 4, line
3, strike "TWENTYTHREE" and substitute "TWENTYFOUR";
line 4, strike "NINETEEN" and substitute
"TWENTYTWO";
line 6, strike "FIFTEEN" and substitute
"TWENTY".
Page 5, line 26, after "JANUARY 1, 1999,",
insert "BUT PRIOR TO JANUARY 1, 2006,".
HCR98-1003 be postponed indefinitely.
______________
INTRODUCTION OF RESOLUTION
The following resolution was read by title and referred
to the committee indicated:
HJR98-1011 by Representatives Grossman, Leyba, Tate, Udall, and Veiga--Concerning urging the United States Senate to act in a timely manner to confirm federal judgeship nominees,
Committee on Judiciary.
WHEREAS, Chief Justice William Rehnquist issued his
annual YearEnd Report on the Federal Judiciary on January
1, 1998; and
WHEREAS, Chief Justice Rehnquist, in that report,
pointedly expressed his disapproval of the slow pace of confirmation
of federal judges by the U.S. Senate; and
WHEREAS, The President shares the responsibility
for nominating federal judges with the U.S. Senate, making such
appointments by and with the advice and consent of the U.S. Senate;
and
WHEREAS, Courts of appeals and bankruptcy filings
were at their highest rates in history in fiscal year 1997; and
WHEREAS, There was a five percent increase in criminal
cases in federal court in 1997 alone, creating the largest federal
criminal caseload in sixty years; and
WHEREAS, Bankruptcy filings increased twentythree
percent in 1997 alone, with the overall increase coming predominantly
from nonbusiness filings; and
WHEREAS, Congress has not created any new judgeships
since 1990, but the federal appeals court caseload has increased
twentyone percent and the federal district court caseload
has increased twentyfour percent in that same time; and
WHEREAS, While there are no pending federal judicial
vacancies in Colorado, the Judicial Conference of the United States
recommended in 1996 that one temporary and one permanent judgeship
be created for the U.S. District Court for the District of Colorado,
but Congress has yet to act on that recommendation; and
WHEREAS, Judge Zita Weinshienk of the U.S. District
Court for the District of Colorado has announced that she will
be taking senior status in April of this year, thus creating a
vacancy in the federal judiciary serving Colorado; and
WHEREAS, Judges Clarence Brimmer and Alan Johnson
of Cheyenne and Judge William Downes of Casper, all of the U.S.
District Court for the District of Wyoming, have each been assisting
with the pending federal caseload in Colorado, each taking approximately
onethird of a fulltime caseload in Colorado; and
WHEREAS, In his annual report, Chief Justice Rehnquist
maintained that judicial vacancies contribute to a backlog of
cases, undue delays in civil cases, and stopgap measures to shift
judicial personnel; and
WHEREAS, Nearly one in ten federal judgeships is
currently vacant, and there are now twentysix vacancies
in the federal judiciary that have been awaiting Senate disposition
for eighteen months or longer and now constitute "judicial
emergencies"; and
WHEREAS, The U.S. Senate has confirmed only fiftythree
federal judges over the last two years, compared to confirming
one hundred one judges in 1994 alone; and
WHEREAS, In his annual report, Chief Justice Rehnquist
asserted that: "Vacancies cannot remain at such high levels
indefinitely without eroding the quality of justice that traditionally
has been associated with the federal judiciary"; now, therefore,
Be It Resolved by the House of Representatives
of the Sixtyfirst General Assembly of the State of Colorado,
the Senate concurring herein:
(1) That the General Assembly requests
the U.S. Senate to timely act upon all pending and future nominations
for federal judgeships.
(2) That the General Assembly requests
the Judiciary Committee of the U.S. Senate to timely review and
act upon the qualifications of nominees for the federal judiciary
and, after the necessary time for inquiry, to so inform the rest
of the Senate and to bring pending nominations to prompt resolutions.
(3) That the General Assembly expresses
its concern to both the President and the U.S. Senate regarding
the continuing harm to the state of the federal judiciary due
to a prolonged nomination and confirmation process.
Be It Further Resolved, That copies of this Joint Resolution be sent to Senator Wayne Allard and to Senator Ben Nighthorse Campbell, and, in addition, to all members of the United States Senate, including members of the Senate Judiciary Committee, and to the President urging them to expedite the nomination and confirmation of federal judges consistent with the appeal by Chief Justice Rehnquist.
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Anderson, Consideration of Resolutions (HJR98-1010, 1004) was laid over until February 10, retaining place on Calendar.
_______________
On motion of Representative Anderson, the House adjourned
until 9:00 a.m., February 10, 1998.
Approved:
CHARLES E. BERRY,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk