This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

HOUSE JOURNAL

SIXTY-FIRST GENERAL ASSEMBLY

STATE OF COLORADO

Second Regular Session

Thirty-eighth Legislative Day Friday, February 13, 1998

Prayer by Father Ed Judy, Samaritan House, Denver.

The Speaker called the House to order at 9:00 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 12, 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:

HB98-1285 be postponed indefinitely.

EDUCATION

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

HB98-1146 be referred to the Committee of the Whole with favorable recommendation.

HB98-1227 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 8, after line 16, insert the following:

"SECTION 5. Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of education, public school finance, total program, for the fiscal year beginning July 1, 1998, the sum of six million nine hundred eighteen thousand four hundred dollars ($6,918,400), or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section(s) accordingly.

Page 1, line 102, strike "SCHOOLS." and substitute "SCHOOLS, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".


HB98-1234 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 1, line 7, strike "$73" and substitute "$110";

after line 8, insert the following:

"SECTION 2.  The introductory portion to 22­42­104 (1.3) and 22­42­104 (1.3) (a), Colorado Revised Statutes, are amended to read:

22­42­104.  Limit of bonded indebtedness. (1.3)  Notwithstanding the provisions of paragraph (a) of subsection (1) of this section, the limit on bonded indebtedness of a school district shall be the greater of the limit determined pursuant to paragraph (b) of subsection (1) of this section or twenty­five percent of the latest valuation for assessment of the taxable property in such district, as certified by the county assessor to the board of county commissioners, for any bonded indebtedness approved at any election held between July 1, 1994, and July 1, 2000 JULY 1, 2005, if the commissioner of education or the commissioner's designee certifies that for each of the preceding three fiscal years the pupil enrollment or the funded pupil count of the district as of October 1, whichever is applicable, has increased:

(a)  By three TWO AND ONE­HALF percent or more over each preceding year, if the district has a pupil enrollment or funded pupil count, whichever is applicable, of at least one thousand pupils;

SECTION 3. Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of education, public school finance, total program, for the fiscal year beginning July 1, 1998, the sum of ninety-two million three hundred five thousand four hundred eighty-three dollars ($92,305,483), or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, line 101, strike "SCHOOLS." and substitute "SCHOOLS, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

HB98-1290 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.  22­60.5­203, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

22­60.5­203.  Assessment of professional competencies ­ waiver. (4)  NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, ANY APPLICANT FOR A PROVISIONAL TEACHER LICENSE OR FOR A RENEWAL OF SUCH LICENSE WHO HAS SCORED WITHIN TEN PERCENT OF THE PASSING SCORE ON THE ASSESSMENT OF PROFESSIONAL COMPETENCIES MAY FILE A WRITTEN REQUEST FOR A REVIEW OF HIS OR HER APPLICATION WITH THE STATE BOARD. THE REVIEW SHALL BE CONDUCTED BY A TRIBUNAL OF THREE MEMBERS CHOSEN BY THE STATE BOARD FROM MEMBERS OF THE TEACHER AND SPECIAL SERVICES PROFESSIONAL STANDARDS BOARD CREATED AT SECTION 22­60.5­214. THE TRIBUNAL SHALL CONDUCT THE REVIEW OF THE APPLICATION ON THE WRITTEN RECORD AND ISSUE A RECOMMENDATION TO THE STATE BOARD WITHIN THIRTY DAYS OF RECEIPT OF THE REQUEST FOR REVIEW. THE STATE BOARD SHALL EITHER ACCEPT OR REJECT THE RECOMMENDATION OF THE TRIBUNAL. IF THE STATE BOARD SO GRANTS OR RENEWS THE APPLICATION FOR A PROVISIONAL TEACHER LICENSE, THE DEPARTMENT SHALL ISSUE SUCH LICENSE.

SECTION 2.  No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.

SECTION 3.  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.".

HB98-1367 be postponed indefinitely.

HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

HB98­1334 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 3, strike "Drinking" and substitute "Drunk".

Page 3, line 3, strike "drinking" and substitute "drunk";

line 5, strike "drinking" and substitute "drunk";

line 9, strike "drinking" and substitute "drunk";

line 14, strike "drinking" and substitute "drunk";

line 18, strike "drinking" and substitute "drunk";

line 21, strike "drinking" and substitute "drunk";

line 23, strike "Drinking" and substitute "Drunk".

Page 4, line 3, strike "DRINKING" and substitute "DRUNK".

Page 5, line 6, strike "drinking" and substitute "drunk";

line 20, strike "DRINKING" and substitute "DRUNK".

Page 8, line 6, strike "DRINKING" and substitute "DRUNK".

Page 9, line 26, strike "DRINKING" and substitute "DRUNK".

Page 10, line 4, strike "DRINKING" and substitute "DRUNK";

line 6, strike "(1.5)." and substitute "(1.5) AND TO SUPPORT PROGRAMS OF THE DEPARTMENT OF TRANSPORTATION THAT ARE INTENDED TO DETER PERSISTENT DRUNK DRIVING OR INTENDED TO EDUCATE THE PUBLIC, WITH PARTICULAR EMPHASIS ON THE EDUCATION OF YOUNG DRIVERS, REGARDING THE DANGERS OF PERSISTENT DRUNK DRIVING.".

Page 11, line 13, strike "DRINKING" and substitute "DRUNK", and strike everything after the period;

strike lines 14 through 16 and substitute "ANY MONEYS COLLECTED FOR SUCH";

line 18, strike "DRINKING" and substitute "DRUNK".

Page 16, line 10, strike "drinking" and substitute "drunk".

Page 1, line 104, strike "DRINKING" and substitute "DRUNK".

SB98-36 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 15, strike "he", and substitute "he SUCH PHYSICIAN";

line 16, strike "he" and substitute "he SUCH PHYSICIAN";

line 19, strike "HE" and substitute "SUCH PHYSICIAN", and after "his" insert "OR HER";

line 20, strike "he", and substitute "he SUCH PHYSICIAN";

line 23, strike "CONTACT" and substitute "CONSULTATION".



LOCAL GOVERNMENT

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

HB98­1118 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

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

"SECTION 1.  Legislative declaration. (1)  The general assembly hereby finds and declares that the expansion of legalized gambling in Colorado has greatly increased the availability of gambling to persons who gamble compulsively and, because of this availability, numerous citizens of Colorado are suffering from the effects of excessive gambling. Further, children currently growing up in Colorado are the first generation in the state that has been faced with the pressures and attractions of the wide variety of gambling now available, and numerous young people in the state have succumbed to gambling addictions despite the illegality of wagering by minors.

(2)  The general assembly further finds that the state, as the proponent of the most widely available form of gambling in Colorado, must take a share of the responsibility for compulsive gambling problems in Colorado and should proceed with measures intended to educate persons regarding compulsive gambling and to provide support to persons facing crises involving excessive gambling. The general assembly recognizes that at this time a person facing compulsive gambling difficulties who calls a toll­free gambling helpline will speak to counselors in another state because of the lack of a system in place in Colorado. The general assembly concludes that it is necessary that the state become more involved in addressing its own compulsive gambling problems.

(3)  The general assembly finds that the funding of the costs of the compulsive gambling prevention program is a proper expense of the state lottery and the portion of general fund revenues generated by the limited gaming, charitable gaming, and racing industries. The general assembly recognizes that moneys spent for compulsive gambling intervention, education, research, and prevention will ultimately result in savings to the state because of fewer incidents of crime, domestic violence, emergency response, and other consequences of excessive gambling by compulsive gamblers.

SECTION 2.  Part 2 of article 35 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

24­35­210.5.  Compulsive gambling prevention program ­ compulsive gambling prevention account in the lottery fund. (1)  THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL IMPLEMENT A COMPULSIVE GAMBLING PREVENTION PROGRAM UNDER THE PROVISIONS OF THIS SECTION THROUGH THE GRANTING OF MONEYS TO ORGANIZATIONS AND ENTITIES AS PROVIDED IN SUBSECTION (3) OF THIS SECTION. THE STATE BOARD OF HEALTH SHALL PROMULGATE RULES REGARDING THE IMPLEMENTATION OF THE COMPULSIVE GAMBLING PREVENTION PROGRAM. AT A MINIMUM, SUCH RULES SHALL SPECIFY PROCEDURES BY WHICH AN ORGANIZATION OR ENTITY MAY APPLY FOR A GRANT THROUGH THE PROGRAM AND THE CRITERIA FOR AWARDING GRANTS THROUGH THE PROGRAM.

(2)  THERE IS HEREBY CREATED WITHIN THE STATE TREASURY THE COMPULSIVE GAMBLING PREVENTION FUND. SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY, THE MONEYS IN SUCH FUND SHALL BE USED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO PAY THE EXPENSES OF THE COMPULSIVE GAMBLING PREVENTION PROGRAM CREATED IN THIS SECTION.

(3)  THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL PROVIDE, PURSUANT TO THE STATE'S COMPETITIVE CONTRACTING PROCEDURES, GRANTS OF MONEYS TO ORGANIZATIONS AND ENTITIES THAT HAVE DOCUMENTED EXPERIENCES IN THE FIELD OF COMPULSIVE GAMBLING PREVENTION FOR THE FOLLOWING PURPOSES:

(a)  ESTABLISHMENT AND MAINTENANCE OF A TOLL­FREE TELEPHONE NUMBER TO PROVIDE CRISIS COUNSELING AND REFERRAL SERVICES TO INDIVIDUALS AND FAMILIES FACING DIFFICULTIES BECAUSE OF COMPULSIVE GAMBLING;

(b)  PRESENTATION OF EDUCATIONAL PROGRAMS TO TEACH CHILDREN IN THE SCHOOLS AND OTHERS ABOUT THE DANGERS OF EXCESSIVE GAMBLING AND THE SIGNS OF GAMBLING ADDICTIONS;

(c)  PROMOTION OF PUBLIC AWARENESS OF THE DANGERS OF PROBLEM AND COMPULSIVE GAMBLING AND OF WARNING SIGNS OF COMPULSIVE GAMBLING;

(d)  RESEARCH REGARDING THE EFFECTS OF GAMBLING ON THE CITIZENS OF COLORADO; AND

(e)  PROGRAMS FOR THE TREATMENT OF GAMBLING ADDICTIONS AND THE PROVISION OF SUPPORT FOR COMPULSIVE GAMBLERS AND THEIR FAMILIES.

(4)  ON AND AFTER JANUARY 1, 1999, THE TOLL­FREE TELEPHONE NUMBER OF THE COMPULSIVE GAMBLING CRISIS COUNSELING AND REFERRAL SERVICE PROVIDED PURSUANT TO PARAGRAPH (a) OF SUBSECTION (3) OF THIS SECTION SHALL BE IMPRINTED ON ANY LOTTERY TICKET OR SHARE SOLD PURSUANT TO THE PROVISIONS OF THIS PART 2; EXCEPT THAT THE SUPPLY OF ALL LOTTERY TICKETS OR SHARES THAT ARE PRINTED, ORDERED, OR UNDER CONTRACT BEFORE SUCH DATE MAY CONTINUE TO BE USED AND SOLD WITHOUT CONTAINING SUCH INFORMATION UNTIL SUCH SUPPLY OF TICKETS OR SHARES IS DEPLETED. THE COMMISSION BY RULE SHALL SPECIFY THE INFORMATION TO BE IMPRINTED PURSUANT TO THIS SUBSECTION (4).

(5) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL PRESCRIBE BY RULE THE FORM OF REQUIRED NOTICE OF THE COMPULSIVE GAMBLING CRISIS COUNSELING AND REFERRAL SERVICES. THE NOTICE SHALL, AT A MINIMUM, BE A POSTER NOT LESS THAN EIGHTEEN INCHES BY EIGHTEEN INCHES IN DIMENSION AND POSTED ON PREMISES WHERE REQUIRED BY LAW. THE NOTICE SHALL CONTAIN ESSENTIAL INFORMATION ABOUT COMPULSIVE GAMBLING CRISIS COUNSELING AND REFERRAL SERVICES, INCLUDING A TOLL­FREE TELEPHONE NUMBER OR NUMBERS, AS SET FORTH IN PARAGRAPH (a) OF SUBSECTION (3) OF THIS SECTION, AND SHALL DESCRIBE SOME MAJOR SYMPTOMS OF COMPULSIVE GAMBLING.

(6)  THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL ANNUALLY REPORT TO THE GENERAL ASSEMBLY REGARDING THE COMPULSIVE GAMBLING PREVENTION PROGRAM CREATED IN THIS SECTION. SUCH REPORT SHALL INCLUDE AN ACCOUNTING OF THE EXPENSES OF THE PROGRAM AND INFORMATION REGARDING THE EFFECTIVENESS OF MEASURES TO ADDRESS COMPULSIVE GAMBLING THAT ARE SUPPORTED BY GRANTS PROVIDED UNDER THE PROVISIONS OF THIS SECTION.

SECTION 3. 12­9­106.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

12­9­106.5. Form of landlord license ­ display ­ fee. (3) ON AND AFTER JANUARY 1, 1999, ANY LANDLORD LICENSEE AS DEFINED IN SECTION 12­9­102 (9.5) SHALL POST, IN CONSPICUOUS PLACES ON THE PREMISES, NOTICES IDENTIFYING THE COMPULSIVE GAMBLING CRISIS COUNSELING AND REFERRAL SERVICES PROVIDED PURSUANT TO SECTION 24­35­210.5 (5), C.R.S., AND PROVIDING THE TOLL­FREE TELEPHONE NUMBER FOR THE SERVICES. FAILURE BY A LANDLORD LICENSEE TO POST NOTICE PURSUANT TO THIS SUBSECTION (3) SHALL BE A VIOLATION OF THIS ARTICLE FOR PURPOSES OF SECTION 12­9­110.

SECTION 4.  Part 5 of article 47.1 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

12­47.1­529.5.  Licensees ­ duty to post notices ­ compulsive gambling counseling. ON AND AFTER JANUARY 1, 1999, EACH RETAIL GAMING LICENSEE SHALL POST, IN A CONSPICUOUS PLACE WITHIN THE LICENSED PREMISES, AT LEAST ONE NOTICE IDENTIFYING THE COMPULSIVE GAMBLING CRISIS COUNSELING AND REFERRAL SERVICES PROVIDED PURSUANT TO SECTION 24­35­210.5 (5), C.R.S., AND PROVIDING THE TOLL­FREE TELEPHONE NUMBER FOR THE SERVICES. FAILURE BY A GAMING LICENSEE TO POST NOTICE PURSUANT TO THIS SECTION SHALL BE A VIOLATION OF THIS ARTICLE FOR PURPOSES OF SECTION 12­47.1­525.

SECTION 5. 12­60­505, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

12­60­505. Meet licenses. (9) ON AND AFTER JANUARY 1, 1999, ANY LICENSEE AS DEFINED IN SECTION 12­60­102 (17) SHALL POST, IN CONSPICUOUS PLACES NEAR ALL WAGERING AREAS, NOTICES IDENTIFYING THE COMPULSIVE GAMBLING CRISIS COUNSELING AND REFERRAL SERVICES PROVIDED PURSUANT TO SECTION 24­35­210.5 (5), C.R.S., AND PROVIDING THE TOLL­FREE TELEPHONE NUMBER FOR THE SERVICES. FAILURE BY A LICENSEE TO POST NOTICE PURSUANT TO THIS SUBSECTION (9) SHALL BE A VIOLATION OF THIS ARTICLE FOR PURPOSES OF SECTION 12­60­507 (1).

SECTION 6.  24­35­206, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

24­35­206.  Licenses. (5.5)  ON AND AFTER JANUARY 1, 1999, EACH LOTTERY SALES AGENT SHALL POST, IN A CONSPICUOUS PLACE NEAR THE POINT OF SALE OF ANY TICKETS OR SHARES IN THE LOTTERY, A NOTICE IDENTIFYING THE COMPULSIVE GAMBLING CRISIS COUNSELING AND REFERRAL SERVICES PROVIDED PURSUANT TO SECTION 24­35­210.5 (5) AND PROVIDING THE TOLL­FREE TELEPHONE NUMBER FOR THE SERVICES. FAILURE BY A LOTTERY SALES AGENT TO POST NOTICE PURSUANT TO THIS SUBSECTION (5.5) SHALL BE A VIOLATION OF THIS PART 2 FOR PURPOSES OF PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION.

SECTION 7.  The introductory portion to 24­35­208 (2), Colorado Revised Statutes, is amended, and the said 24­35­208 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

24­35­208.  Commission ­ powers and duties. (2)  Rules and regulations promulgated pursuant to subsection (1) of this section shall include, but shall not be limited to, the following:

(l)  THE INFORMATION REGARDING THE COMPULSIVE GAMBLING PREVENTION PROGRAM TO BE IMPRINTED ON ANY LOTTERY TICKET OR SHARE PURSUANT TO THE REQUIREMENTS OF SECTION 24­35­210.5 (4).

SECTION 8.  24­35­210 (1), Colorado Revised Statutes, is amended to read:

24­35­210.  Lottery fund ­ repeal. (1)  There is hereby created, in the office of the state treasurer, the lottery fund. The initial appropriation to the division, and all subsequent revenues of the division not earlier paid as prizes, shall be paid into the lottery fund. All expenses of the division, including the expenses of organized crime investigation and prosecution relating to the lottery AND THE EXPENSES OF THE COMPULSIVE GAMBLING PREVENTION PROGRAM CREATED IN SECTION 24­35­210.5, shall be paid from the lottery fund. For the purposes of this section and section 24­35­208, "expenses" do not include amounts expended for lottery prizes. Prizes for the lottery shall be paid only from the lottery fund or from moneys collected from the sale of lottery tickets or shares. Amounts for prizes and expenses are hereby appropriated to the division, except as provided in subsection (2) of this section.

SECTION 9.  25­1­107 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

25­1­107.  Powers and duties of the department ­ repeal. (1)  The department has, in addition to all other powers and duties imposed upon it by law, the following powers and duties:

(hh)  TO IMPLEMENT THE COMPULSIVE GAMBLING PREVENTION PROGRAM PURSUANT TO SECTION 24­35­210.5, C.R.S.

SECTION 10. 25­1­108 (1) (c), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

25­1­108. Powers and duties of the state board of health. (1)  In addition to all other powers and duties conferred and imposed upon the state board of health by the provisions of this part 1, the board has the following specific powers and duties:

(c) (VI)  TO ADOPT RULES CONCERNING THE COMPULSIVE GAMBLING PREVENTION PROGRAM PURSUANT TO SECTION 24­35­210.5, C.R.S.

SECTION 11.  Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the compulsive gambling prevention account within the state treasury not otherwise appropriated, to the department of public health and environment, for the fiscal year beginning July 1, 1998, the sum of two hundred eleven thousand eighty-two dollars ($211,082) and 1.0 FTE, or so much thereof as may be necessary, for the implementation of this act.

SECTION 12.  Effective date. This act shall take effect July 1, 1998.

SECTION 13.  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.".

HB98-1254, 1295 be postponed indefinitely.

HB98­1305 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 5, strike "adjustments." and substitute "adjustments - repeal.".

Page 3, line 2, after the period, insert the following:

"ALL OWNERS OF REAL PROPERTY IN THE TERRITORY ARE TO BE NOTIFIED OF SUCH HEARING BY FIRST CLASS MAIL NOT LESS THAN TEN DAYS AND NOT MORE THAN THIRTY DAYS BEFORE THE HEARING.";

line 19, after the period, insert the following:

"ALL OWNERS OF REAL PROPERTY IN THE TERRITORY ARE TO BE NOTIFIED OF SUCH HEARING BY FIRST CLASS MAIL NOT LESS THAN TEN DAYS AND NOT MORE THAN THIRTY DAYS BEFORE THE HEARING.".

Page 4, strike lines 3 through 6 and substitute the following:

"(c)  BOTH THE COUNTY FROM WHICH SUCH TERRITORY IS TO BE STRICKEN OFF AND THE ADJOINING COUNTY TO WHICH SUCH TERRITORY IS TO BE ADDED ARE REPRESENTED ON THE BOUNDARY CONTROL COMMISSION ESTABLISHED BY SECTION 1 OF ARTICLE XX OF THE COLORADO CONSTITUTION;

(d)  AS TO ANY COUNTY BOUNDARY ADJUSTMENT UNDER THIS SECTION WHICH WILL RESULT IN THE DETACHMENT OF AREA FROM ANY SCHOOL DISTRICT AND THE ATTACHMENT OF THE SAME TO ANOTHER SCHOOL DISTRICT, THE BOARD OF DIRECTORS OF THE SCHOOL DISTRICT TO WHICH SUCH AREA WILL BE ATTACHED HAS CONSENTED BY RESOLUTION TO SUCH ADJUSTMENT;

(e)  THE GOVERNING BODY OF ANY MUNICIPALITY HAVING INCORPORATED TERRITORY CONTIGUOUS TO OR CONTAINED WITHIN ANY PORTION OF THE TERRITORY TO BE STRICKEN OFF HAS CONSENTED, BY ORDINANCE OR RESOLUTION, TO SUCH ADJUSTMENT.";

strike lines 22 through 26.

Page 5, strike lines 1 and 2;

line 9, strike "FOLLOWING" and substitute "EFFECTIVE UPON";

line 14, strike "COUNTY." and substitute "COUNTY; EXCEPT THAT THE EFFECTIVE DATE OF SUCH NEW BOUNDARY FOR THE PURPOSE OF GENERAL TAXATION SHALL BE ON AND AFTER THE NEXT JANUARY 1.";

line 16, strike "IN ANY GIVEN CALENDAR";

line 17, strike "YEAR";

after line 17, insert the following:

"(8) THIS SECTION IS REPEALED, EFFECTIVE ON THE DATE THAT IS FIVE YEARS FROM THE EFFECTIVE DATE OF THIS ACT.";

strike lines 18 through 20 and substitute the following:

"SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day 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.".

HB98-1324 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 3, strike lines 8 through 11, and substitute the following:

"SECTION 2. 25­16­104.5 (1), (2), and (6), Colorado Revised Statutes, are amended to read:

25­16­104.5. Solid waste user fee ­ imposed ­ rate ­ direction ­ repeal. (1) On and after January 1, 1986, there is hereby imposed a user fee upon each person disposing of solid waste at an attended solid wastes disposal site. The fee is intended to be a charge to waste producers in addition to any charges specified by contract. Such fee shall be collected by the operator of such site or facility at the time of disposal and shall be imposed and passed through to waste producers and other persons at the following rate, or at an equivalent rate established by the department:

(a) Ten SEVEN cents per load transported by a motor vehicle which is commonly used for the noncommercial transport of persons over the public highways;

(b) Twenty FIFTEEN cents per load transported by a truck, as such term is defined in section 42­1­102 (108), C.R.S., which is commonly used for the noncommercial transport of persons and property over the public highways;

(c) Thirty TWENTY­FIVE cents per cubic yard per load transported by any commercial vehicle or other vehicle not included in paragraph (a) or (b) of this subsection (1).

(2) All fee money collected by operators of solid waste disposal";

line 14, strike "FIFTY" and substitute "SIXTY CENTS OF EACH DOLLAR";

line 15, strike "PERCENT";

line 16, strike "THIRTY­FIVE PERCENT" and substitute "TWENTY­EIGHT CENTS OF EACH DOLLAR OF SUCH MONEYS";

strike lines 19 and 20, and substitute the following:

TWELVE CENTS OF EACH DOLLAR OF SUCH MONEYS TO THE ENVIRONMENTAL LEADERSHIP POLLUTION PREVENTION REVOLVING FUND, CREATED IN SECTION 25­6.7­109, C.R.S., BY HOUSE BILL NO. 98­1058, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY.";

strike lines 22 through 26.

Strike page 4.

Page 5, strike lines 1 through 8.

Renumber succeeding sections accordingly.

Page 5, strike lines 15 and 16, and substitute the following:

"REMANUFACTURED, RECLAIMED, OR RECYCLED, BUT NOT INCLUDING EXCLUDED SCRAP METAL THAT IS BEING RECYCLED.".

Page 6, strike lines 23 and 24, and substitute the following:

"amended to read:".

Page 7, strike line 26.

Page 8, strike lines 1 through 6.

Page 12, strike lines 20 through 26.

Page 13, strike lines 1 through 14.

Renumber succeeding sections accordingly.

Page 15, strike lines 23 through 25, and substitute the following:

"ORDER ISSUED BY THE DEPARTMENT SHALL BE SUBJECT TO A CIVIL".

Page 16, strike line 11, and substitute the following:

"GOVERNING BODY IN AMOUNTS UP TO TWO THOUSAND DOLLARS PER VIOLATION PER DAY PURSUANT TO PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION SHALL BE DETERMINED AND".

Page 17, line 24, strike "state, EXCEPT FOR THE PURPOSES" and substitute "state.";

strike lines 25 and 26.

Page 18, strike lines 2 through 7, and substitute the following:

"APPROPRIATED BY THE GENERAL ASSEMBLY FOR THE IMPLEMENTATION OF THE DEPARTMENT'S SOLID WASTE PROGRAM PURSUANT TO THIS PART 1.".

Page 1, strike lines 102 and 103, and substitute the following:

"PROGRAM.".

HB98-1368 be referred to the Committee of the Whole with favorable recommendation.

STATE, VETERANS AND MILITARY AFFAIRS

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

HB98-1192 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 4 and 5, and substitute the following:

"COMMISSION MAY ONLY REQUIRE THE USE OF OXYGENATED FUELS IN CARBON MONOXIDE NONATTAINMENT AREAS";

line 7, strike the comma;

strike lines 20 through 22.

HB98-1274, 1293, 1332 be referred to the Committee of the Whole with favorable recommendation.

HB98-1318 be referred to the Committee on Appropriations with favorable recommendation.

HB98­1363 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 6 through 16 and substitute the following:

"1­2­204.  Questions answered by elector. (4) (a)  IN THE EVENT THAT THE REGISTRATION RECORD OF A REGISTERED ELECTOR DOES NOT CONTAIN THE LAST FOUR DIGITS OF THE ELECTOR'S SOCIAL SECURITY NUMBER, THE COUNTY CLERK AND RECORDER SHALL REQUEST THE ELECTOR TO PROVIDE EITHER THE LAST FOUR DIGITS OF SUCH ELECTOR'S SOCIAL SECURITY NUMBER OR THE ELECTOR'S FULL SOCIAL SECURITY NUMBER IF THE ELECTOR WISHES TO STATE SUCH NUMBER. SUCH A REQUEST SHALL BE MADE OF THE REGISTERED ELECTOR BY THE COUNTY CLERK AND RECORDER:

(I)  IN ANY WRITTEN COMMUNICATION BY MAIL FROM THE COUNTY CLERK AND RECORDER TO SUCH REGISTERED ELECTOR INCLUDING, BUT NOT LIMITED TO, A VOTER INFORMATION CARD PROVIDED PURSUANT TO SECTION 1­5­206 OR AN ELECTOR INFORMATION CARD PROVIDED PURSUANT TO SECTION 1­2­605;

(II)  AT THE REGISTERED ELECTOR'S POLLING PLACE ON THE DAY OF THE ELECTION;

(III)  AT THE REGISTERED ELECTOR'S EARLY VOTERS' POLLING PLACE;

(IV)  IN AN ABSENTEE BALLOT APPLICATION FORM OR IN MATERIALS TO BE RETURNED BY THE REGISTERED ELECTOR WITH THE ABSENTEE BALLOT.

(b)  ANY SOCIAL SECURITY NUMBER OR THE LAST FOUR DIGITS OF A SOCIAL SECURITY NUMBER OF AN ELECTOR THAT IS OBTAINED BY THE COUNTY CLERK AND RECORDER FROM SUCH ELECTOR PURSUANT TO THIS SECTION SHALL BE HELD CONFIDENTIAL AND SHALL NOT BE PUBLISHED OR BE OPEN TO OR AVAILABLE FOR PUBLIC INSPECTION. THE COUNTY CLERK AND RECORDER SHALL DEVELOP APPROPRIATE SECURITY MEASURES TO ENSURE THE CONFIDENTIALITY OF SUCH NUMBERS.".

TRANSPORTATION AND ENERGY

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

HB98-1066, 1167 be postponed indefinitely.

HB98-1075 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, strike lines 2 through 17.

Strike pages 3 through 6.

Page 7, strike lines 1 through 6.

Renumber succeeding sections accordingly.

Page 7, line 17, after "VEHICLE", insert "WITH A LICENSE PLATE CONTAINING TWO ALPHABETIC CHARACTERS AND NO MORE THAN FOUR NUMERIC CHARACTERS";

after line 23, insert the following:

"(c)  IN ADDITION TO ANY OTHER FEE IMPOSED BY THIS ARTICLE, A FEE OF FOUR DOLLARS AND TWENTY­FIVE CENTS SHALL BE COLLECTED WHEN ANY LICENSE PLATE IS REISSUED BY THE DEPARTMENT UNDER THE PROVISIONS OF THIS SUBSECTION (5). IF SUCH FEE IS COLLECTED BY AN AUTHORIZED AGENT OF THE DEPARTMENT, THE AUTHORIZED AGENT SHALL RETAIN ONE DOLLAR AND SIXTY­FIVE CENTS OF SUCH FEE TO DEFRAY THE COSTS OF THE AGENT. THE REMAINDER OF SUCH FEES SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT SUCH FEES TO THE HIGHWAY USERS TAX FUND. THE GENERAL ASSEMBLY SHALL APPROPRIATE SUCH MONEYS TO THE DEPARTMENT OF REVENUE FOR THE COSTS CONNECTED WITH THE REISSUANCE OF LICENSE PLATES.".

Reletter succeeding paragraph accordingly.

Page 8, line 2, strike "(c)" and substitute "(d)".

Page 8, strike lines 3 through 26.

Page 9, strike lines 1 through 26 and substitute the following:

"SECTION 2.  Future appropriations.  Although no appropriation is included in this act for the fiscal year beginning July 1, 1998, it appears that this act will require appropriations from the highway users tax fund for subsequent fiscal years in an annual amount estimated to be thirteen million eight hundred fifty-eight thousand one hundred fifty-one dollars ($13,858,151), or so much thereof as may be necessary for the implementation of this act.

SECTION 3.  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.".

Strike page 10.

Page 1, line 102, strike "AUTHORIZING EXTENDED TEMPORARY";

line 103, strike "REGISTRATION OF MOTOR VEHICLES,";

line 104, strike "PLATES," and substitute "PLATES".

HB98-1093, 1265 be referred to the Committee of the Whole with favorable recommendation.

HB98-1202 be referred to the Committee on Appropriations with favorable recommendation.


HB98-1327 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 9, strike "SIXTEEN" and substitute "FOURTEEN".

Page 2, strike lines 3 and 4, and substitute the following:

"FROM, AND SHARES A COMMONALITY OF PURPOSE WITH, PASSENGERS.

(II)  AS USED IN THIS PARAGRAPH (b):

(A)  "CAR POOL OR VAN POOL";

line 12, strike "SUBPARAGRAPH (II)" and substitute "SUB­SUBPARAGRAPH (A)";

after line 15, insert the following:

"(B)  "COMMONALITY OF PURPOSE" MEANS A DESTINATION OR ROUTE CHOSEN IN ADVANCE BY THE OWNER OR OPERATOR AND ONE OR MORE PASSENGERS FOR THE SAKE OF CONVENIENCE OR EFFICIENCY. IF THE OWNER OR OPERATOR TRAVELS FOR THE SAME PURPOSE, OR TO THE SAME OR A NEARBY LOCATION, ACTIVITY, OR EVENT, AS ONE OR MORE OF THE PASSENGERS, IT SHALL BE PRESUMED THAT A COMMONALITY OF PURPOSE EXISTS.".

Page 3, line 2, strike "SIXTEEN" and substitute "FOURTEEN";

strike lines 5 and 6 and substitute the following:

"FROM, AND SHARES A COMMONALITY OF PURPOSE WITH, PASSENGERS.

(II)  AS USED IN THIS PARAGRAPH (e):

(A)  "CAR POOL OR VAN POOL";

line 14, strike "SUBPARAGRAPH (II)" and substitute "SUB­SUBPARAGRAPH (A)";

after line 17, insert the following:

"(B)  "COMMONALITY OF PURPOSE" MEANS A DESTINATION OR ROUTE CHOSEN IN ADVANCE BY THE OWNER OR OPERATOR AND ONE OR MORE PASSENGERS FOR THE SAKE OF CONVENIENCE OR EFFICIENCY. IF THE OWNER OR OPERATOR TRAVELS FOR THE SAME PURPOSE, OR TO THE SAME OR A NEARBY LOCATION, ACTIVITY, OR EVENT, AS ONE OR MORE OF THE PASSENGERS, IT SHALL BE PRESUMED THAT A COMMONALITY OF PURPOSE EXISTS.".


HB98-1335 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 6, strike "SPEED, ELEVATED" and substitute "SPEED".

______________

PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed: HB98-1369.

______________

INTRODUCTION OF BILL

First Reading

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

HB98-1369 by Representative Salaz--Concerning chiropractic licensure examinations.

Committee on Health, Environment, Welfare and Institutions.

______________

INTRODUCTION OF RESOLUTION

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

HJR98-1012 by Representative C. Berry; also Senators Norton and Wells--Concerning the authority of the Jack Swigert Memorial Commission to raise additional moneys to place an additional statue of John Swigert in the state of Colorado.

Committee on State, Veterans and Military Affairs.

WHEREAS, The Jack Swigert Memorial Commission has fulfilled its mission as ordered by the Colorado General Assembly of raising the necessary funds to build and place a statue of Apollo 13 Astronaut John "Jack" Swigert in the United States Capitol in Washington, D.C.; and

WHEREAS, The statue of John L. Swigert was dedicated on May 22, 1997, to stand in the hall of Congress; and

WHEREAS, John Swigert was famous for coolly uttering the phrase "Houston, we have a problem", when an explosion ripped apart an oxygen tank on Apollo 13 two hundred fifty thousand miles from earth; and

WHEREAS, John Swigert was elected to Congress in 1982 but died of complications from cancer one week before he was to have been sworn in to take office; and

WHEREAS, Each state is permitted to put two statues of its choosing in Statutory Hall; and

WHEREAS, The statue of John L. Swigert, born in Denver, Colorado, is the second statue from this state in the Capitol, the first being a sculpture of Dr. Florence Rena Sabin, who led the way for women to go to medical school; and

WHEREAS, The statue depicts Swigert in a white space suit holding a gold­colored helmet with an Apollo 13 crew patch picturing three horses streaking toward the moon on the left breast and the American flag on the left shoulder, with the inscription on the statue saying "Astronaut, Apollo 13, congressman­elect 1982"; and

WHEREAS, Among those present at the dedication were Fred Haise, Jr., and James Lovell, Jr., his fellow astronauts on the Apollo 13 mission, Daniel Goldin, NASA administrator, members of the Colorado General Assembly who authorized the statue, and Newt Gingrich, House Speaker, accepting the statue on behalf of Congress who said it was fitting to have someone representing "a state created by pioneers who was himself a pioneer" and who also said "that a person of that caliber is represented here not only speaks well of the state of Colorado, but will serve as a lesson for all the young people who come through here and ask, 'what does it mean to be an American?'"; 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 we, the members of the General Assembly, authorize the Jack Swigert Memorial Commission to raise the necessary funds from the private sector and place an identical statue of John Swigert in the State of Colorado;

(2)  That the Jack Swigert Memorial Commission is hereby authorized to raise sufficient donations through public subscription from private sources to cover all costs of the entire project, including sculpture, transportation, and erection in the state of Colorado;

(3)  That the Jack Swigert Memorial Commission shall direct such donations to the state treasurer to be accepted pursuant to section 24­22­105, Colorado Revised Statutes;

(4)  That the Jack Swigert Memorial Commission shall give account of income and expenditures to the Joint Budget Committee of the Colorado General Assembly; and

(5)  That no public moneys shall be expended by the Jack Swigert Memorial Commission and the members thereof shall not be paid any salary or per diem for serving on the commission. The Jack Swigert Memorial Commission may use public facilities to hold public meetings.

________________

On motion of Representative Arrington, 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.)

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

Amendment No. 1, State, Veterans, and Military Affairs Report, dated February 5, 1998, and placed in member's bill file; Report also printed in House Journal, February 6, pages 396-397.

Amendment No. 2, by Representative Anderson.

Amend printed bill, page 2, strike lines 6 and 7 and substitute the following:

"SECTION 2. 1­45­113 (1), Colorado Revised Statutes, is amended, and the said 1­45­113 is further amended BY THE ADDITION OF A NEW SUBSECTION to read:";

line 8, after "(1)", insert "(a)";

after line 13, insert the following:

"(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.".

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

HB98-1060 by Representatives Schauer and Taylor; also Senator Wattenberg--Concerning the regulation of public utilities by the public utilities commission.

Laid over until February 19, retaining place on Calendar.

HB98-1110 by Representatives Tupa, Paschall, and Pfiffner--Concerning ballot access for minor political parties.

Amendment No. 1, State, Veterans, and Military Affairs Report, dated January 22, 1998, and placed in member's bill file; Report also printed in House Journal, January 26, pages 225-226.

Amendment No. 2, by Representative Tupa.

Amend printed bill, page 4, after line 16, insert the following:

"(4) (a)  UPON FILING, THE SECRETARY OF STATE SHALL REVIEW ALL PETITION INFORMATION AND VERIFY THE INFORMATION AGAINST THE REGISTRATION RECORDS. THE SECRETARY OF STATE SHALL ESTABLISH GUIDELINES FOR VERIFYING PETITION ENTRIES.

(b)  NOT MORE THAN FIFTEEN DAYS AFTER RECEIPT OF THE PETITION, THE SECRETARY OF STATE SHALL NOTIFY THE MINOR POLITICAL PARTY SEEKING TO QUALIFY OF THE NUMBER OF VALID SIGNATURES AND WHETHER THE PETITION APPEARS TO BE SUFFICIENT OR INSUFFICIENT.

(c)  IN CASE A PETITION TO ALLOW A MINOR POLITICAL PARTY TO NOMINATE CANDIDATES IS NOT SUFFICIENT, IT MAY BE AMENDED ONCE AT ANY TIME PRIOR TO 3 P.M. ON THE SEVENTH DAY FOLLOWING THE NOTIFICATION OF INSUFFICIENCY. IF SUCH PETITION IS AMENDED PRIOR TO 3 P.M. ON THE SEVENTH DAY FOLLOWING THE NOTIFICATION OF INSUFFICIENCY, THE SECRETARY OF STATE SHALL NOTIFY THE MINOR POLITICAL PARTY OF WHETHER THE PETITION IS SUFFICIENT OR INSUFFICIENT NO LATER THAN THE FOURTEENTH DAY FOLLOWING THE NOTIFICATION OF INSUFFICIENCY.

(d)  UPON DETERMINING THAT THE PETITION IS SUFFICIENT:

(I)  THE SECRETARY OF STATE SHALL NOTIFY THE MINOR POLITICAL PARTY AND THE CLERK AND RECORDER OF EACH COUNTY THAT SUCH PARTY IS QUALIFIED TO NOMINATE MINOR POLITICAL PARTY CANDIDATES; AND

(II) ELIGIBLE ELECTORS SHALL BE ABLE TO REGISTER AS AFFILIATED WITH SUCH MINOR POLITICAL PARTY.".

Page 7, after line 1, insert the following:

"1­4­1305.  Disqualification of minor political party. (1)  IN THE EVENT A MINOR POLITICAL PARTY CEASES TO QUALIFY AS SUCH A PARTY PURSUANT TO SECTION 1­4­1303 (2) AND FAILS TO SUBSEQUENTLY QUALIFY AS SUCH A PARTY PURSUANT TO SECTION 1­4­1303, THE SECRETARY OF STATE SHALL NOTIFY THE CHAIRPERSON OF SUCH PARTY AND THE CLERK AND RECORDER OF EACH COUNTY OF SUCH DISQUALIFICATION.

(2)  SUCH NOTICE OF DISQUALIFICATION SHALL BE PROVIDED BY THE SECRETARY OF STATE TO THE CHAIRPERSON OF THE MINOR POLITICAL PARTY AND TO EACH CLERK AND RECORDER NO LATER THAN JULY 1 OF AN ELECTION YEAR IN WHICH A MINOR POLITICAL PARTY MAY QUALIFY CANDIDATES FOR THE BALLOT. NO CERTIFICATE OF DESIGNATION OF CANDIDATES PURSUANT TO SECTION 1­4­1304 (3) SHALL BE ACCEPTED BY THE SECRETARY OF STATE FROM THE MINOR POLITICAL PARTY FOR THE ELECTION FOR WHICH SUCH PARTY HAS CEASED TO QUALIFY.

(3)  UPON NOTIFICATION OF DISQUALIFICATION OF A MINOR POLITICAL PARTY, EACH REGISTERED ELECTOR THAT IS AFFILIATED WITH SUCH MINOR POLITICAL PARTY SHALL BE DESIGNATED ON THE REGISTRATION BOOKS OF THE COUNTY CLERK AND RECORDER AS "UNAFFILIATED".".

Amendment No. 3, by Representative Tupa.

Amend the Amendment No. 2, by Representative Tupa, printed in House Journal page 501, line 24, strike "FIFTEEN" and substitute "TWENTY-ONE".

Amendment No. 4, by Representative Tupa.

Amend printed bill, page 6, line 7, strike "SECRETARY OF STATE" and substitute "DESIGNATED ELECTION OFFICIAL";

line 18, strike "SECRETARY OF STATE" and substitute "DESIGNATED ELECTION OFFICIAL";

line 20, strike "SECRETARY OF STATE" and substitute "DESIGNATED ELECTION OFFICIAL".

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

HB98-1203 by Representative Smith--Concerning deceptive trade practices relating to the sale of manufactured homes.

Laid over until February 16, retaining place on Calendar.

HB98-1067 by Representatives Tate and Reeser; also Senator Matsunaka--Concerning the conforming of certain provisions of the "Colorado Employment Security Act" to the scope of coverage of provisions of federal law.

Amendment No. 1, Business Affairs and Labor Report, dated January 15, 1998, and placed in Member's bill file; Report also printed in House Journal, January 16, page 98.

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

HB98-1039 by Representative Udall; also Senator Bishop--Concerning an increase in the penalties for poaching certain big game animals.

Amendment No. 1, Finance Report, dated January 28, 1998, and placed in member's bill file; Report also printed in House Journal, January 30, pages 302-303.

Amendment No. 2, by Representative Young.

Amend printed bill, page 1, line 7, strike "TAKEN OR" and substitute "TAKEN:";

strike line 8.

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

HB98-1097 by Representative Leyba; also Senator Matsunaka--Concerning the consistency of the definition of the term "employer" under the "Colorado Employment Security Act" with such term under the "Federal Unemployment Tax Act".

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

HB98-1112 by Representative Swenson; also Senator Hopper--Concerning assistance grants for elderly and disabled persons.

Referred to the Committee on Appropriations.

HB98-1130 by Representative Faatz; also Senator Hopper--Concerning crime victim compensation.

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

HB98-1150 by Representative Epps; also Senator Powers--Concerning the taxing authority of school districts to support school libraries which are supported by taxes levied prior to the enactment of the "Colorado Library Law".

Amendment No. 1, Finance Report, dated January 28, 1998, and placed in member's bill file; Report also printed in House Journal, January 30, pages 304-305.

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

HB98-1162 by Representative Bacon; also Senator Matsunaka--Concerning payment of tuition for students enrolled in institutions of higher education through the "Post-secondary Enrollment Options Act".

Amendment No. 1, Education Report, dated January 19, 1998, and placed in Member's bill file; report also printed in House Journal, January 20, page 121.

Amendment No. 2, by Representative Sinclair.

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

"(c)  PRIOR TO PAYING THE TUITION FOR ANY PUPIL PURSUANT TO THIS SUBSECTION (8), THE SCHOOL DISTRICT SHALL REQUIRE THE PUPIL AND HIS OR HER PARENT OR GUARDIAN TO SIGN A PROMISE TO REPAY THE AMOUNT OF TUITION PAID BY THE SCHOOL DISTRICT ON THE PUPIL'S BEHALF IF THE PUPIL DOES NOT COMPLETE THE POSTSECONDARY COURSE FOR ANY REASON, WITHOUT CONSENT OF THE PRINCIPAL OF THE HIGH SCHOOL IN WHICH THE PUPIL IS ENROLLED, OR OTHERWISE FAILS TO PASS THE COURSE.";

line 7, strike "(c)" and substitute "(d)";

line 13, strike "DISTRICT" and substitute "DISTRICT, AS PROVIDED IN THE PROMISE SIGNED PURSUANT TO PARAGRAPH (c) OF THIS SUBSECTION (8),".

Amendment No. 3, by Representative Faatz.

Amend the Amendment No. 2, by Representative Sinclair, printed in House Journal page 504, line 15, strike "ENROLLED, OR OTHERWISE FAILS TO PASS" and substitute "ENROLLED.";";

strike line 16.

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

HB98-1132 by Representative Epps; also Senator Wham--Concerning appointment of county judges pursuant to agreement of the parties.

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

HB98-1230 by Representative Chavez; also Senator Weddig--Concerning the elimination of the requirement that an absentee voter provide residence address information in the self-affirmation printed on the return envelope for an absentee ballot.

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

HB98-1040 by Representatives Nichol, June, Kaufman, Swenson, and Zimmerman; also Senator Mutzebaugh--Concerning revocation of minor drivers' licenses for nonfelony marihuana convictions.

Declared lost on Second Reading.

On motion of Representative Anderson, the remainder of the General Orders Calendar (HB98-1179, 1021, 1104, 1116, 1183, 1164, 1171, 1231, 1249, 1261, 1170, 1251, 1253, 1140, 1154, 1235, 1019, 1226, 1053, 1229, 1245, 1207, 1215, 1224, 1007, 1018, 1028, 1144, 1178, 1331, 1033, 1317, 1204, HCR98-1005, HB98-1273, 1304, 1012, 1014, HCR98-1002, HB98-1005, 1065, 1100, 1152, 1228, 1266, 1272, 1283, 1159, 1199, 1244, 1259, 1297, 1306, 1365, 1089, 1090, 1209, 1240, 1247, 1296, 1200, HCR98-1004, HB98-1260, 1302, 1312) was laid over until February 16, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB98-1359 amended, 1110 amended, 1039 amended, 1067 amended, 1097, 1130, 1150 amended, 1162 amended, 1132, 1230.

Lost on Second Reading: HB98-1040.

Laid over until date indicated retaining place on Calendar: HB98-1179, 1021, 1203, 1104, 1116, 1183, 1164, 1171, 1231, 1249, 1261, 1170, 1251, 1253, 1140, 1154, 1235, 1019, 1226, 1053, 1229, 1245, 1207, 1215, 1224, 1007, 1018, 1028, 1144, 1178, 1331, 1033, 1317, 1204, HCR98-1005, HB98-1273, 1304, 1012, 1014, HCR98-1002, HB98-1005, 1065, 1100, 1152, 1228, 1266, 1272, 1283, 1159, 1199, 1244, 1259, 1297, 1306, 1365, 1089, 1090, 1209, 1240, 1247, 1296, 1200, HCR98-1004, HB98-1260, 1302, 1312--February 16, 1998.

HB98-1060--February 19, 1998.

Referred to Committee indicated:

HB97-1112--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 64 NO 0 EXCUSED 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

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y

McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero E

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y

Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate 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 COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

HB98­1308 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, line 1, strike "ARE BECOMING MORE" and substitute "CONTRIBUTE TO THE COLORADO ECONOMY; HOWEVER,";

line 2, strike "PREVALENT IN THE STATE OF COLORADO AND";

strike line 5 and substitute the following:

"ARE INSUFFICIENT MEANS TO TRACK THE NUMBER AND";

line 6, strike "NOR";

line 13, strike "REGULATION" and substitute "REASONABLE REGULATIONS";

line 14, strike "IS" and substitute "ARE".

Page 4, line 13, strike "0.2" and substitute "0.4".

Page 5, line 20, after "PRODUCTION", insert "OR POSTHARVEST RESIDUE".

Page 7, strike lines 21 through 23 and substitute the following:

"FEEDING OPERATION TO WATERS OF THE STATE UNLESS, IN THE CASE OF FACILITIES THAT WERE CONSTRUCTED PRIOR TO APRIL 16, 1974, AND HAVE NOT BEEN REACTIVATED, EXPANDED, OR SIGNIFICANTLY RECONSTRUCTED SINCE THAT DATE, THERE IS A TEN­YEAR, TWENTY­FOUR­HOUR EVENT, OR, IN THE CASE OF FACILITIES CONSTRUCTED AFTER APRIL 16, 1974, THERE IS A TWENTY­FIVE­YEAR, TWENTY­FOUR­HOUR EVENT. IF SUCH EVENTS OCCUR, THE FACILITIES SHALL BE REQUIRED TO DETAIN SUCH WATERS IN ACCORDANCE WITH SECTION 25­8.3­202.".

Page 8, line 11, strike "THE" and substitute "DRAWINGS AND SPECIFICATIONS FOR THE";

line 13, strike "THE" and substitute "DRAWINGS AND SPECIFICATIONS FOR THE";

strike lines 15 and 16 and substitute the following:

"(VIII)  SPECIFICATIONS FOR THE DISPOSAL OR USE OF THE MANURE OR PROCESS WASTEWATER PRODUCED AT THE FACILITY.".

Page 9, before line 1, insert the following:

"(16)  "OFF­SITE APPLICATION" MEANS THE PROCESS WHEREBY MANURE OR PROCESS WASTEWATER IS APPLIED TO LAND OR CROPS NOT OWNED, LEASED, OR OTHERWISE UNDER THE CONTROL OF A CAFO. OFF­SITE APPLICATION OF MANURE OR PROCESS WASTEWATER SHALL BE REGULATED PURSUANT TO THE "COLORADO CHEMIGATION ACT", ARTICLE 11 OF TITLE 35, C.R.S.

(17)  "ON­SITE APPLICATION" MEANS THE PROCESS WHEREBY MANURE OR PROCESS WASTEWATER IS APPLIED TO LAND OR CROPS THAT ARE OWNED, LEASED, OR OTHERWISE UNDER THE CONTROL OF A CAFO. ON­SITE APPLICATION OF MANURE OR PROCESS WASTEWATER SHALL BE REGULATED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.".

Renumber succeeding subsections accordingly.

Page 9, line 3, strike "(17)" and substitute "(19)";

line 15, strike "FEEDLOT" and substitute "FACILITY".

Page 11, line 7, strike "REVIEW AND";

line 16, strike "IS A FINDING BY THE DIVISION OF SIGNIFICANT" and substitute "IS, UPON A SITE INSPECTION, A FINDING BY THE DIVISION OF";

strike lines 21 though 26 and substitute the following:

"SECTION 25­8.3­103, SUBMIT A CONSTRUCTION REPORT TO THE DIVISION. THE CONSTRUCTION REPORT SHALL CONSIST OF DESIGN SPECIFICATIONS AND DRAWINGS OF THE NEW FACILITIES. THE DIVISION SHALL PROVIDE COMMENTS ON THE".

Page 12, line 3, after the period, add "A NUTRIENT MANAGEMENT PLAN SHALL BE DEVELOPED FOR THE FACILITY AND SHALL BE AVAILABLE FOR REVIEW BY THE DIVISION PRIOR TO THE INITIAL OPERATION OF THE FACILITY.";

line 5, strike "COMMISSION" and substitute "COMMISSION, WITH CONCURRENCE WITH THE DEPARTMENT OF AGRICULTURE,";

line 8, strike "ARTICLE." and substitute "ARTICLE AND SHALL BE NO MORE RESTRICTIVE THAN THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY'S REQUIREMENTS.";

strike lines 15 through 26.

Renumber succeeding C.R.S. section accordingly.

Page 13, line 12, strike "SIGNIFICANT".

Page 15, line 14, strike "DESIGNED";

line 15, strike "AND CONSTRUCTED" and substitute "DESIGNED, CONSTRUCTED, AND MAINTAINED";

line 16, strike "STRUCTURES." and substitute "STRUCTURES DURING AN APPLICABLE STORM EVENT.".

Page 16, line 1, strike "CONSTRUCTED" and substitute "CONSTRUCTED, RECONSTRUCTED, OR EXPANDED".

Page 19, line 2, strike "SOILS" and substitute "MATERIALS";

line 3, strike "INCLUDE" and substitute "INCLUDE, BUT ARE NOT LIMITED TO,".

Page 20, line 15, after "IF", insert "ON­SITE";

line 26, strike "SIGNIFICANT".

Page 21, line 15, after "THE", insert "ON­SITE".

Page 23, line 8, strike "INNOVATIVE";

line 9, strike "OR DISPOSAL";

line 18, strike "SIGNIFICANT".

Page 24, line 17, strike "BASIS." and substitute "BASIS OR AS OTHERWISE DEEMED NECESSARY BY THE DIVISION.";

line 21, strike "SIGNIFICANT".

Page 25, line 7, strike "SIGNIFICANT";

line 19, strike "EVERY";

line 20, strike "LEGAL OWNER" and substitute "THE LEGAL OWNERS".

Page 26, line 24, strike "DETERRING" and substitute "DEWATERING".

Page 27, line 4, strike "(3)" and substitute "3";

line 9, strike "SIGNIFICANT";

line 21, strike "SIGNIFICANT";

line 23, strike "SIGNIFICANT".

Page 28, strike lines 1 and 2 and substitute the following:

"facilities. (1)  COMPLIANCE WITH THE";

line 3, strike "NO­DISCHARGE" and substitute "GENERAL PERMIT".

Page 32, line 2, strike "THIS";

line 3, strike "(1)" and substitute "(2)";

line 10, strike "EARTHEN";

line 11, strike "SOILS" and substitute "MATERIALS";

line 13, strike "INCLUDE" and substitute "INCLUDE, BUT ARE NOT LIMITED TO,";

line 19, strike "PARAGRAPHS (a) OR (b)" and substitute "PARAGRAPH (b) OR (c)";

line 20, strike the first "THE".

Page 33, line 6, after "BUT", insert "NOT";

line 9, strike "JULY";

line 10, strike "1, 1998," and substitute "AUGUST 1, 1992,".

Page 34, line 3, after "IF", insert "ON­SITE";

line 15, strike "SIGNIFICANT".

Page 35, line 4, after "THE", insert "ON­SITE";

strike lines 9 through 21 and substitute the following:

"(f)  IF NO SUPPLEMENTAL OR COMMERCIAL FERTILIZERS ARE UTILIZED IN ADDITION TO THE MANURE AND PROCESS WASTEWATER GENERATED BY THE FACILITY AND IF THE PROPER LAND APPLICATION RATE IS BASED ON APPLICABLE DATA FROM RELIABLE SOURCES SUCH AS THE LAND GRANT AND STATE UNIVERSITIES COOPERATIVE EXTENSION SERVICES OR THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCE CONSERVATION SERVICE, NO SITE ANALYSIS IS REQUIRED. CROP NITROGEN UPTAKE RATES SHALL BE COMPUTED BASED ON THE SPECIFIED CROP YIELDS. IN ADDITION, THE OPERATOR SHALL RELY ON THE GENERALLY ACCEPTED TEXTBOOK VALUES FROM SOURCES SUCH AS THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCE CONSERVATION SERVICE NATIONAL ENGINEERING HANDBOOK, COLORADO STATE UNIVERSITY'S "BEST MANAGEMENT PRACTICES FOR MANURE UTILIZATION" OR "BEST MANAGEMENT PRACTICES FOR NITROGEN FERTILIZATION", AND SUBSEQUENT AMENDMENTS OR OTHER SIMILAR RELIABLE SOURCES FOR TOTAL NITROGEN CONTENT IN MANURE AND PROCESS WASTEWATER IN COMPUTING THE PROPER APPLICATION RATE. THE OPERATOR SHALL LIMIT APPLICATION BASED ON THE ASSUMPTION THAT ALL OF THE TOTAL NITROGEN APPLIED FROM MANURE AND PROCESS WASTEWATER IS PLANT­AVAILABLE DURING THE YEAR FOLLOWING THE MANURE APPLICATION.".

Page 37, line 1, after "BOARD", insert "OR THE FEDERAL EMERGENCY MANAGEMENT AGENCY OR AS VERIFIED BY A LICENSED PROFESSIONAL ENGINEER OR PROFESSIONAL LAND SURVEYOR".

Page 38, line 10, strike "HOURS";

line 12, strike "SIGNIFICANT";

line 23, strike "INNOVATIVE";

line 24, strike "APPLICATION AT OR" and substitute "APPLICATION,";

line 25, strike "BELOW AGRONOMIC RATES IS UTILIZED,".

Page 39, strike line 19 and substitute the following :

"amended to read:".

Page 40, before line 1, insert the following:

SECTION 3. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of public health and environment, for the fiscal year beginning July 1, 1998, the sum of four hundred ten thousand one hundred ninety-one dollars ($410,191) and 4.5 FTE, or so much thereof as may be necessary for the implementation of this act.

(2) In addition to any other appropriation, there is hereby appropriated to the department of law, for the fiscal year beginning July 1, 1997, the sum of three thousand eight hundred forty dollars ($3,840), or so much thereof as may be necessary, for the provision of legal services to the department of public health and environment related to the implementation of this act. Said sum shall be from cash funds exempt received from the department of public health and environment out of the appropriation made in subsection (1) of this section.".

Renumber succeeding sections accordingly.

APPROPRIATIONS

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

HB98-1114 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 6, after line 17, insert the following:

"SECTION 4.   Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the old age pension fund not otherwise appropriated, to the department of human services, office of information technology services, for the client-oriented information network, for the fiscal year beginning July 1, 1998, the sum of twenty-six thousand four hundred ninety-six dollars ($26,496), or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding sections accordingly.

Page 1, line 102, strike "PROGRAM" and substitute "PROGRAM, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

HB98­1160 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Judiciary Committee Report, dated January 20, 1998, page 1, line 4, after "DISMISSED,", insert "UNTIL";

strike lines 6 through 18 of the committee report and substitute the following:

"Page 17, strike lines 13 through 26.

Renumber succeeding sections accordingly.

Page 18, strike lines 12 through 23, and substitute the following:

"SECTION 29.  Article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17­1­122.  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 98­1160, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY:

(a)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, 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 SEVENTY­ONE THOUSAND TWO HUNDRED SEVEN DOLLARS ($71,207).

(b) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, 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 THREE HUNDRED FORTY­NINE THOUSAND FIFTY­FIVE DOLLARS ($349,055).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, 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 TWENTY­THREE THOUSAND NINE HUNDRED SIXTEEN DOLLARS ($23,916).

(c) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, 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 THREE HUNDRED NINETY­SEVEN THOUSAND NINE HUNDRED TWENTY­THREE DOLLARS ($397,923).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, 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 ONE HUNDRED FORTY THOUSAND SIX HUNDRED SEVENTY­SIX DOLLARS ($140,676).

SECTION 30. No appropriation. For the fiscal year beginning July 1, 1998, 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 2 of the committee report, strike lines 1 through 16;

line 18, strike "2," and substitute "102,".

HB98-1325 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 4, line 17, strike "creation." and substitute "creation - repeal.".

Page 5, after line 18, insert the following:

"(3) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2000.".

Page 6, line 23, strike "appointment. THE" and substitute "appointment - repeal. (1) THE".

Page 7, after line 3, insert the following:

"(2) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2000.".

HCR98-1001 be referred to the Committee of the Whole with favorable recommendation.

BUSINESS AFFAIRS AND LABOR

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

HB98-1311 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, strike line 2 and substitute the following:

"SECTION 1. 13-1-127 (1), (2), (3), (4), and (5), Colorado Revised Statutes are amended, and the said 13-1-127 (1) is further amended BY THE ADDITION OF A NEW SUBSECTION,".

Page 2, strike lines 1 through 22 and substitute the following:

"(a.2)  "COOPERATIVE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 7-90-102 (9), C.R.S.

(a.5)  "Corporate licensed child placement agency" means a corporation which AN ENTITY THAT places, or arranges for placement of, the care of any child with any family, person, or institution other than persons related to said child and which THAT is licensed by the department of human services pursuant to section 26­6­104, C.R.S., as a child placement agency.

(b)  "Officer" means a duly elected president, vice­president, secretary, or treasurer of a corporation. "CORPORATION" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 7-90-102 (10), C.R.S.

(c)  "Shareholder" means an individual, an association of individuals, a partnership, or a corporation having title to any share of a corporate stock "ENTITY" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 7-90-102 (20), C.R.S.

(d)  "LIMITED LIABILITY COMPANY" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 7-90-102 (32), C.R.S.

(e)  "LIMITED PARTNERSHIP" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 7-90-102 (34), C.R.S.

(f)  "LIMITED PARTNERSHIP ASSOCIATION" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 7-90-102 (35), C.R.S.

(g)  "NONPROFIT ASSOCIATION" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 7-90-102 (38), C.R.S.

(h)  "NONPROFIT CORPORATION" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 7-90-102 (39), C.R.S.

(i)  "OFFICER" MEANS A PERSON GENERALLY OR SPECIFICALLY AUTHORIZED BY AN ENTITY TO TAKE ANY ACTION CONTEMPLATED BY THIS SECTION.

(j) "OWNER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 7-90-102 (43), C.R.S.

(2)  Except as otherwise provided in section 13­6­407, a closely held Colorado corporation which is in compliance with the requirements otherwise imposed on corporations by law ENTITY may be represented before any court of record or any administrative agency by an officer OF SUCH CLOSELY HELD ENTITY if:".

Page 3, after line 6, insert the following:

"(2.3)  FOR THE PURPOSES OF THIS SECTION, EACH OF THE FOLLOWING PERSONS SHALL BE PRESUMED TO HAVE THE AUTHORITY TO APPEAR ON BEHALF OF THE CLOSELY HELD ENTITY UPON PROVIDING EVIDENCE OF THE PERSON'S HOLDING THE SPECIFIED OFFICE OR STATUS:

(a)  AN OFFICER OF A COOPERATIVE, CORPORATION, OR NONPROFIT CORPORATION;

(b)  A GENERAL PARTNER OF A PARTNERSHIP OR OF A LIMITED PARTNERSHIP;

(c)  A PERSON IN WHOM THE MANAGEMENT OF A LIMITED LIABILITY COMPANY IS VESTED OR RESERVED; AND

(d)  A MEMBER OF A LIMITED PARTNERSHIP ASSOCIATION.";

strike lines 7 through 26.

Page 4, strike lines 1 through 24.

strike line 26 and substitute the following:

"Colorado corporation which ENTITY THAT allows a named officer to".

Page 5, strike lines 19 through 26.

Page 6, strike lines 1 through 4.

Renumber succeeding section accordingly.

HB98-1323 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 19, strike "LIEN." and substitute the following:

"LIEN, UNLESS A CLAIM IS MADE TO SUCH MOLD BY THE HOLDER OF A PRIOR LIEN OR BY THE HOLDER OF A LIEN OF PUBLIC RECORD.";

strike lines 24 and 25 and substitute the following:

"OVER A LIEN OF PUBLIC RECORD, INCLUDING A LIEN FILED PURSUANT TO TITLE 4, C.R.S., REGARDLESS OF WHEN THE FINANCING STATEMENT OR NOTICE OF LIEN WAS FILED OR RECORDED.".

FINANCE

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

HB98-1030 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 20, insert the following:

"SECTION 3.  No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the provisions of this act.".

Renumber succeeding sections accordingly.

HB98-1059 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 7, after "ZONE", insert "WHEN CHILDREN ARE PRESENT";

strike lines 10 and 11, and substitute the following:

"AN AREA THAT IS DESIGNATED AS A SCHOOL ZONE BY THE POSTING OF APPROPRIATE SIGNS THAT IS NO MORE THAN ONE THOUSAND FEET FROM THE PERIMETER OF THE SCHOOL.".

Page 2, strike line 1.

HB98­1101 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 14, line 10, strike "DUE." and substitute "DUE, NOT TO EXCEED FIFTY DOLLARS ($50) PER LATE PAYMENT, PLUS INTEREST AT THE LEGAL RATE SPECIFIED IN SECTION 5­12­102 (1) (b), C.R.S., UNTIL PAID.".

HB98-1131 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, strike lines 3 and 4 and substitute the following:

"FACILITATIVE DEVICE".

Page 5, strike lines 22 through 26.

Page 6, strike lines 1 through 8.

Renumber succeeding subsections accordingly.

Page 7, line 2, strike "TWO" and substitute "THREE";

line 6, strike "DAYS OR TEN CONSECUTIVE BUSINESS".

Page 9, line 7, strike "WHEN THE FACILITATIVE";

strike lines 8 through 13;

strike lines 22 through 26.

Page 10, strike lines 1 through 11.

Renumber succeeding subsections accordingly.

Page 11, line 25, strike "(5)" and substitute "(4)".

Page 12, strike line 15 and substitute the following:

"NONCONFORMITY TO";

line 17, strike "WHEN THE";

strike lines 18 through 22.

HB98­1165 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 5, line 3, strike "_______" and substitute "TWENTY-FIVE".

Page 6, after line 13, insert the following:

"SECTION 2.  13­21­133, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

13­21­113.  Donation of items of food ­ exemption from civil and criminal liability. (5)  NO FARMER WHO GROWS AN AGRICULTURAL CROP AND PERMITS THE GLEANING OF SUCH CROP OR A PORTION THEREOF FOR DONATION TO A QUALIFIED NONPROFIT ORGANIZATION IN ACCORDANCE WITH SECTION 39­22­520, C.R.S., SHALL BE LIABLE FOR DAMAGES IN ANY CIVIL ACTION OR SUBJECT TO PROSECUTION IN ANY CRIMINAL PROCEEDING RESULTING FROM INJURIES INCURRED DURING THE GLEANING OF THE AGRICULTURAL CROP. FOR THE PURPOSES OF THIS SUBSECTION (5), "GLEANING" AND "QUALIFIED NONPROFIT ORGANIZATION" SHALL HAVE THE SAME MEANINGS AS SET FORTH IN SECTION 39­22­520 (5), C.R.S.".

Renumber succeeding sections accordingly.

HB98­1173 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 1, line 3, strike "amended" and substitute "amended, and the said 42­6­137 is further amended BY THE ADDITION OF A NEW SUBSECTION,";

line 6, strike "FOURTEEN dollars, and fifty cents," and substitute "SIX dollars and fifty cents,".

Page 2, line 2, strike "FIFTEEN dollars, and fifty cents," and substitute "SEVEN dollars and fifty cents,";

after line 4, insert the following:

"(7)  USING THE INCREASES IN TITLE ISSUANCE FEES THAT BECAME EFFECTIVE ON JULY 1, 1998, AN AUTHORIZED AGENT SHALL, IF POSSIBLE, PROVIDE THE FOLLOWING TITLES ON THE SAME DAY AS THE DATE OF REQUEST BY AN APPLICANT:

(a)  ON AND AFTER JULY 1, 1998, ANY TITLE ISSUED UPON A COLORADO TO COLORADO TRANSFER OF A MOTOR VEHICLE;

(b)  ON AND AFTER JANUARY 1, 1999, ANY TITLE ISSUED FOR A NEW MOTOR VEHICLE UPON FILING OF A MANUFACTURER'S STATEMENT OF ORIGIN WITHOUT ANY LIENS; AND

(c)  ON AND AFTER JULY 1, 2000, ANY OTHER TITLE ISSUED BY THE AUTHORIZED AGENT.";

line 10, strike "ELEVEN DOLLARS AND FIFTY CENTS" and substitute "FOUR DOLLARS";

line 23, strike "FOURTEEN dollars and fifty cents" and substitute "SIX dollars and fifty cents".

HB98-1187, 1280, 1289, 1315, 1320, 1336 be postponed indefinitely.

HB98-1190 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

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

"SECTION 1.  Article 30 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 20

SCHOOL DISTRICT EMERGENCY

CAPITAL CONSTRUCTION PROJECTS

24­30­2001.  Definitions.  AS USED IN THIS PART 20, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "CAPITAL CONSTRUCTION PROJECT" MEANS:

(a)  RECONSTRUCTION, REPAIR, REMODELING, OR RENOVATION OF EXISTING BUILDINGS OR OTHER PHYSICAL FACILITIES;

(b)  PURCHASE OF THE SERVICES OF ARCHITECTS, ENGINEERS, AND OTHER CONSULTANTS TO PREPARE PLANS, PROGRAM DOCUMENTS, AND OTHER STUDIES ASSOCIATED WITH A PROJECT THAT MEETS THE CRITERIA ESTABLISHED IN PARAGRAPH (a) OF THIS SUBSECTION (1) AND TO SUPERVISE THE CONSTRUCTION OR EXECUTION OF SUCH CAPITAL CONSTRUCTION PROJECTS.

(2)  "EMERGENCY CAPITAL CONSTRUCTION PROJECT" OR "EMERGENCY PROJECT" MEANS A CAPITAL CONSTRUCTION PROJECT, AS DEFINED IN SUBSECTION (1) OF THIS SECTION, THAT HAS QUALIFIED FOR SUCH EMERGENCY DESIGNATION UNDER THE PROVISIONS OF SECTION 24­30­2002.

(3)  "SCHOOL DISTRICT" MEANS ANY PUBLIC SCHOOL DISTRICT ORGANIZED UNDER THE LAWS OF COLORADO, EXCEPT A JUNIOR COLLEGE DISTRICT.

24­30­2002.  Emergency capital construction funds for school districts.  (1)  ANY SCHOOL DISTRICT MAY SUBMIT A REQUEST TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL FOR EMERGENCY CAPITAL CONSTRUCTION PROJECT FUNDS. A REQUEST FOR FUNDS SHALL INCLUDE:

(a)  A REPORT BY THE APPROPRIATE BUILDING DEPARTMENT OF THE COUNTY, TOWN, CITY, OR CITY AND COUNTY WHERE THE BUILDING OR PHYSICAL FACILITY IS LOCATED CERTIFYING THAT CONDITIONS EXIST IN THE BUILDING OR PHYSICAL FACILITY THAT ARE NOW, OR WILL BECOME IN THE IMMEDIATE FUTURE, HAZARDOUS TO THE HEALTH OR SAFETY OF PERSONS USING OR OCCUPYING THE BUILDING OF FACILITY;

(b)  A DESCRIPTION OF THE SCOPE AND NATURE OF THE EMERGENCY PROJECT AND HOW THE EMERGENCY PROJECT ADDRESSES ANY HEALTH OR SAFETY CONCERNS NOTED IN THE REPORT PROVIDED TO THE EXECUTIVE DIRECTOR;

(c)  THE TOTAL AMOUNT REQUESTED TO FINANCE THE EMERGENCY PROJECT WITH AN ITEMIZATION OF THE COSTS ASSOCIATED WITH THE EMERGENCY PROJECT;

(d)  EVIDENCE THAT THE SCHOOL DISTRICT DOES NOT HAVE SUFFICIENT MONEYS TO FINANCE THE EMERGENCY PROJECT USING EXISTING REVENUE SOURCES;

(e)  SUCH OTHER INFORMATION AS THE EXECUTIVE DIRECTOR MAY REQUIRE FOR THE EVALUATION OF THE EMERGENCY PROJECT.

(2)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL SHALL REVIEW EACH EMERGENCY CAPITAL CONSTRUCTION PROJECT REQUEST AND DETERMINE WHETHER THE PROJECT SHOULD BE DESIGNATED AS AN EMERGENCY PROJECT. THE EXECUTIVE DIRECTOR SHALL REVIEW THE FINDINGS IN THE REPORT FROM THE LOCAL BUILDING DEPARTMENT AND MAY PERFORM AN ACTUAL INSPECTION OF THE BUILDING OR OTHER PHYSICAL FACILITY IF THE EXECUTIVE DIRECTOR DETERMINES SUCH AN INSPECTION IS NECESSARY. THE EXECUTIVE DIRECTOR MAY CONSULT WITH ANY DEPARTMENT OF STATE GOVERNMENT THAT MAY PROVIDE EXPERTISE AND INFORMATION CONCERNING A SCHOOL DISTRICT MAKING AN EMERGENCY CAPITAL CONSTRUCTION PROJECT REQUEST. NO PROJECT SHALL BE DESIGNATED AS AN EMERGENCY PROJECT UNLESS THE EXECUTIVE DIRECTOR FINDS THAT CONDITIONS EXIST IN THE BUILDING OR PHYSICAL FACILITY THAT ARE NOW, OR WILL BECOME IN THE IMMEDIATE FUTURE, HAZARDOUS TO THE HEALTH OR SAFETY OF PERSONS USING OR OCCUPYING THE BUILDING OF FACILITY.

(3)  DESIGNATION BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL OF A CAPITAL CONSTRUCTION PROJECT AS AN EMERGENCY PROJECT SHALL BE SOLELY FOR THE PURPOSE OF DETERMINING WHETHER THE SCHOOL DISTRICT MAY REQUEST EMERGENCY CAPITAL CONSTRUCTION PROJECT FUNDS PURSUANT TO THIS PART 20 AND SHALL NOT BE USED FOR ANY OTHER PURPOSE.

24­30­2003.  Funding of emergency capital construction projects ­ department of personnel responsibilities relating to costs of projects.  (1)  THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE AN AMOUNT FROM THE SCHOOL DISTRICT EMERGENCY CAPITAL CONSTRUCTION PROJECT ACCOUNT WITHIN THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24­75­302 (5) TO THE DEPARTMENT OF PERSONNEL FOR EMERGENCY CAPITAL CONSTRUCTION PROJECTS. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL SHALL SUPERVISE AND BE RESPONSIBLE FOR THE EXPENDITURE OF SUCH APPROPRIATION.

(2)  WHEN A SCHOOL DISTRICT'S EMERGENCY CAPITAL CONSTRUCTION PROJECT IS FUNDED, THE SCHOOL DISTRICT SHALL ENTER INTO AGREEMENTS WITH ARCHITECTS, ENGINEERS, OR CONSULTANTS AND CONSTRUCTION CONTRACTS WITH CONTRACTORS OR CONSTRUCTION MANAGERS NECESSARY FOR COMPLETION OF THE EMERGENCY PROJECT; HOWEVER, SUCH AGREEMENTS AND CONTRACTS SHALL PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL OF THE STATE OF COLORADO SHALL BE RESPONSIBLE FOR DISBURSING FUNDS FOR THE PAYMENT OF ALL EXPENDITURES ASSOCIATED WITH THE AGREEMENTS AND CONTRACTS PURSUANT TO THE AUTHORITY GRANTED THE EXECUTIVE DIRECTOR UNDER THIS PART 20.

(3)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL SHALL ANNUALLY REPORT TO THE CAPITAL DEVELOPMENT COMMITTEE ON THE EMERGENCY CAPITAL CONSTRUCTION PROJECTS FUNDED PURSUANT TO THIS PART 20.

24­30­2004.  Rule­making authority.  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL IS AUTHORIZED TO PROMULGATE RULES IN ACCORDANCE WITH ARTICLE 4 OF THIS TITLE FOR THE IMPLEMENTATION OF THIS PART 20.

SECTION 2.  24­75­302, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

24­75­302.  Capital construction fund ­ capital assessment fees ­ calculation. (5) (a)  THERE IS HEREBY CREATED A SPECIAL ACCOUNT WITHIN THE CAPITAL CONSTRUCTION FUND ESTABLISHED PURSUANT TO SUBSECTION (1) OF THIS SECTION TO BE KNOWN AS THE "SCHOOL DISTRICT EMERGENCY CAPITAL CONSTRUCTION PROJECT ACCOUNT". MONEYS IN THE ACCOUNT SHALL BE APPROPRIATED BY THE GENERAL ASSEMBLY TO THE DEPARTMENT OF PERSONNEL FOR EXPENDITURE FOR SCHOOL DISTRICT EMERGENCY CAPITAL CONSTRUCTION PROJECTS PURSUANT TO PART 20 OF ARTICLE 30 OF THIS TITLE AND SHALL NOT BE AVAILABLE FOR ANY OTHER PURPOSE. ALL MONEYS UNEXPENDED OR UNENCUMBERED IN ANY FISCAL YEAR SHALL REMAIN IN THE ACCOUNT. ALL INTEREST EARNED FROM THE INVESTMENT OF MONEYS IN SAID ACCOUNT SHALL REMAIN IN SAID ACCOUNT AND BECOME A PART THEREOF.

(b)  THE SCHOOL DISTRICT EMERGENCY CAPITAL CONSTRUCTION PROJECT ACCOUNT IN THE CAPITAL CONSTRUCTION FUND SHALL CONSIST OF SUCH MONEYS THAT THE GENERAL ASSEMBLY MAY APPROPRIATE TO SAID ACCOUNT.

SECTION 3.  Appropriation.  (1)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the school district emergency capital construction project account in the capital construction fund created in section 24­75­302, Colorado Revised Statutes, not otherwise appropriated, to the department of personnel, for the fiscal year beginning July 1, 1998, the sum of three million dollars ($3,000,000) or so much thereof as may be necessary, for expenditure for school district emergency capital construction projects pursuant to part 20 of article 30 of title 24, Colorado Revised Statutes.

(2)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of personnel, for the fiscal year beginning July 1, 1998, the sum of ninety­one thousand two hundred thirty­three dollars ($91,233) and 2.0 FTE, or so much thereof as may be necessary, for costs incurred by the department in administering part 20 of article 30 of title 24, Colorado Revised Statutes.

(3)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, for the fiscal year beginning July 1, 1997, to the school district emergency capital construction project account in the capital construction fund created in section 24­75­302 (5), Colorado Revised Statutes, the sum of three million dollars ($3,000,000).

SECTION 4.  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.".

HB98-1214 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 6 and 7 and substitute the following:

"(II) (A)   ANY FARM EQUIPMENT UNDER LEASE OR CONTRACT";

line 10, strike "DOLLARS," and substitute "DOLLARS AND";

strike lines 11 through 13 and substitute the following:

"DIRECTLY IN ANY FARM OPERATION.";

line 14, strike "OR RENTAL RETAILER";

strike lines 19 through 22 and substitute the following:

"(I)  "FARM EQUIPMENT" MEANS FARM TRACTORS, AS DEFINED IN SECTION 42­1­102 (33), C.R.S., IRRIGATION SYSTEMS, AND OTHER TANGIBLE PERSONAL PROPERTY USED PRIMARILY AND DIRECTLY IN ANY FARMING OPERATION AND HAVING A PER UNIT OR, IN THE CASE OF IRRIGATION SYSTEMS, A PER SYSTEM PURCHASE PRICE OF AT LEAST ONE THOUSAND".

Page 3, strike lines 11 and 12 and substitute the following:

"(II)  "FARMING OPERATION" MEANS THE PRODUCTION OF RAW AGRICULTURAL PRODUCTS, INCLUDING RAW DAIRY PRODUCTS, FOR PROFIT, INCLUDING BUT NOT LIMITED TO A BUSINESS THAT";

strike lines 22 through 25 and substitute the following:

"(I)  "FARM EQUIPMENT" MEANS FARM TRACTORS, AS DEFINED IN SECTION 42­1­102 (33), C.R.S., IRRIGATION SYSTEMS, AND OTHER TANGIBLE PERSONAL PROPERTY USED PRIMARILY AND DIRECTLY IN ANY FARMING OPERATION AND HAVING A PER UNIT OR, IN THE CASE OF IRRIGATION SYSTEMS, A PER SYSTEM PURCHASE PRICE OF AT LEAST ONE THOUSAND".

Page 4, strike lines 14 and 15 and substitute the following:

"(II)  "FARMING OPERATION" MEANS THE PRODUCTION OF RAW AGRICULTURAL PRODUCTS, INCLUDING RAW DAIRY PRODUCTS, FOR PROFIT, INCLUDING BUT NOT LIMITED TO A BUSINESS THAT";

strike lines 17 and 18 and substitute the following:

"(gg) (I)  TO ANY FARM EQUIPMENT";

line 20, strike "DOLLARS," and substitute "DOLLARS AND";

strike lines 22 through 24 and substitute the following:

"DIRECTLY IN ANY FARM OPERATION.";

line 25, strike "OR RENTAL RETAILER".

Page 5, after line 2, insert the following:

"SECTION 3.  29­2­105 (1) (d), Colorado Revised Statutes, is amended to read:

29­2­105.  Contents of sales tax ordinances and proposals. (1)  The sales tax ordinance or proposal of any incorporated town, city, or county adopted pursuant to this article shall be imposed on the sale of tangible personal property at retail or the furnishing of services, as provided in paragraph (d) of this subsection (1). Any countywide or incorporated town or city sales tax ordinance or proposal shall include the following provisions:

(d)  A provision that the tangible personal property and services taxable pursuant to this article shall be the same as the tangible personal property and services taxable pursuant to section 39­26­104, C.R.S., and subject to the same exemptions as those specified in section 39­26­114, C.R.S., except the exemption allowed by section 39­26­114 (11), C.R.S., for purchases of machinery or machine tools, the exemption of sales and purchases of those items in section 39­26­114 (1) (a) (XXI), C.R.S., the exemption for sales of food specified in section 39­26­114 (1) (a) (XX), C.R.S., and the exemption for occasional sales by a charitable organization set forth in section 39­26­114 (18), C.R.S., AND THE EXEMPTION FOR SALES AND PURCHASES OF FARM EQUIPMENT SPECIFIED IN SECTION 39­26­114 (19), C.R.S. Sales of food, as defined in section 39­26­102 (4.5), C.R.S., exempted from the state sales tax pursuant to section 39­26­114 (1) (a) (XX), C.R.S., sales and purchases of those items exempted from the state sales tax pursuant to section 39­26­114 (1) (a) (XXI), C.R.S., purchases of machinery or machine tools as provided in section 39­26­114 (11), C.R.S., or occasional sales by a charitable organization as provided in section 39­26­114 (18), C.R.S., OR SALES AND PURCHASES OF FARM EQUIPMENT EXEMPTED FROM THE STATE SALES TAX PURSUANT TO SECTION 39­26­114 (19), C.R.S., may be exempted from said town, city, or county sales tax only by the express inclusion of such exemption either at the time of adoption of the initial sales tax ordinance or resolution or by amendment thereto. Any such amendment shall be adopted in the same manner as the initial ordinance or resolution. In the absence of express provision for the exemption for sales of food, as defined in section 39­26­102 (4.5), C.R.S., or purchases of machinery or machine tools as provided in section 39­26­114 (11), C.R.S., or exemption of sales and purchases of those items in section 39­26­114 (1) (a) (XXI), C.R.S., or exemption of occasional sales by a charitable organization as provided in section 39­26­114 (18), C.R.S., OR EXEMPTION OF SALES AND PURCHASES OF FARM EQUIPMENT AS PROVIDED IN SECTION 39­26­114 (19), C.R.S., all sales tax ordinances or resolutions, whether adopted prior to, on, or subsequent to July 1, 1979, which provide in substance that the tangible personal property and services taxed shall be the same as the tangible personal property and services taxable pursuant to section 39­26­104, C.R.S., or any predecessor statute, and subject to the same exemptions as those specified in section 39­26­114, C.R.S., or any predecessor statute, shall be construed as imposing or continuing to impose the town, city, or county sales tax on food, as defined in section 39­26­102 (4.5), C.R.S., purchases of machinery and machine tools as described in section 39­26­114 (11), C.R.S., sales or purchases of those items described in section 39­26­114 (1) (a) (XXI), C.R.S., and occasional sales by a charitable organization as described in section 39­26­114 (18), C.R.S., AND SALES AND PURCHASES OF FARM EQUIPMENT AS DESCRIBED IN SECTION 39­26­114 (19), C.R.S. The regional transportation district may, in its discretion, continue to levy a sales tax on purchases of machinery or machine tools, as provided in section 39­26­114 (11), C.R.S.

SECTION 4.  29­2­106 (4) (a), Colorado Revised Statutes, is amended to read:

29­2­106.  Collection ­ administration ­ enforcement. (4) (a)  The executive director of the department of revenue shall, at no charge, administer, collect, and distribute the sales tax of any home rule municipality, upon request of the governing body of such municipality, if the provisions of the sales tax ordinance of said municipality, other than those provisions relating to local procedures followed in adopting the ordinance and whether or not the ordinance applies the sales tax to the sale of food, as defined in section 39­26­102 (4.5), C.R.S., or purchases of machinery or machine tools as provided in section 39­26­114 (11), C.R.S., or sales or purchases of electricity, coal, wood, gas, fuel oil, or coke as provided in section 39­26­114 (1) (a) (XXI), C.R.S., OR SALES OR PURCHASES OF FARM EQUIPMENT AS PROVIDED IN SECTION 39­26­114 (19), C.R.S., correspond to the requirements of this article for sales taxes imposed by counties, towns, and cities and if no use tax is to be collected by the department except as provided in section 39­26­208, C.R.S. At the time of making such request, said governing body shall certify to the executive director of the department of revenue a true copy of said sales tax ordinance.".

Renumber succeeding sections accordingly.

HB98-1242, 1269, 1271, 1279 be referred to the Committee of the Whole with favorable recommendation.

HB98­1250 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 6 through 20 and substitute the following:

"SECTION 2.  39­22­604 (6), Colorado Revised Statutes, is amended to read:

39­22­604.  Withholding tax ­ requirement to withhold ­ tax lien ­ exemption from lien. (6) (a)  Every employer shall, in accordance with such regulations".


HB98-1256 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 4, line 16, strike "98­____," and substitute "98­1231,".

Page 8, strike lines 21 through 23 and substitute the following:

"SHALL".

Page 9, line 1, strike "YEARS," and substitute "YEARS FOR THE PURPOSE OF FUNDING SCHOOL DISTRICT CAPITAL CONSTRUCTION PROJECTS, STATE AND LOCAL TRANSPORTATION NEEDS, AND CAPITAL CONSTRUCTION PROJECTS OF STATE COLLEGES AND UNIVERSITIES,".


HB98­1287 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, strike lines 8 through 10 and substitute the following:

"(1.5)  THE FEE FOR A DISABLED VISITOR'S COLUMBINE ANNUAL PASS SHALL BE AN AMOUNT EQUAL TO TWENTY­FIVE PERCENT OF THE ANNUAL VEHICLE ENTRANCE FEE SET BY THE BOARD PURSUANT TO SECTION 33­10­111 (5).".

Page 2, strike line 7 and substitute the following:

"RULE OF THE BOARD,";

line 8, strike "PASS HOLDER,";

strike line 16 and substitute the following:

"ADOPT SUCH RULE BY NOVEMBER 1, 1998. An aspen leaf pass shall entitle".

Page 3, line 5, strike "Disabled visitor" and substitute "Columbine";

line 7, after "TO BE", insert "TOTALLY AND PERMANENTLY";

strike lines 10 and 11;

line 12, strike "THE DIVISION A" and substitute "A REGIONAL OFFICE OR THE CENTRAL OFFICE OF THE DIVISION, OR AT SUCH OTHER LOCATIONS AS MAY BE DETERMINED BY THE DIVISION, A COLUMBINE ANNUAL PASS.";

line 13, strike "DISABLED VISITOR ANNUAL PASS.";

line 14, strike "DISABLED VISITOR" and substitute "COLUMBINE";

line 16, after the period add the following:

"THE BOARD SHALL BY RULE PROVIDE FOR A TRANSFERABLE COLUMBINE ANNUAL PASS THAT SHALL BE VALID WHEN TEMPORARILY AFFIXED TO ANY VEHICLE USED TO BRING SUCH PASS HOLDER INTO A PARK.";

line 17, strike "DISABLED VISITOR" and substitute "COLUMBINE";

strike lines 20 through 26 and substitute the following:

"SECTION 4.  Effective date ­ applicability. (1)  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.".

Page 4, strike line 1.

HB98-1322 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Strike the State, Veterans, and Military Affairs Committee Report, dated February 3, 1998, and substitute the following:

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

"SECTION 1.  25­7­114.2, Colorado Revised Statutes, is amended to read:

25­7­114.2.  Construction permits - legislative declaration. (1)  No person shall construct or substantially alter any building, facility, structure, or installation, except single­family residential structures, or install any machine, equipment, or other device, or commence the conduct of any such activity, or commence performance of any combinations thereof, or commence operations of any of the same which THAT will or do constitute a new stationary source or a new indirect air pollution source without first obtaining or having a valid construction permit therefor from the division or commission, as the case may be; except that no construction permit shall be required for new indirect air pollution sources until regulations regarding construction permits for such sources have been promulgated by the commission, but in no event shall regulations governing indirect air pollution sources be more stringent than those required for compliance with the federal act and final rules and regulations adopted pursuant thereto. Any emission permit validly issued prior to July 1, 1992, pursuant to section 25­7­114, as said section existed prior to July 1, 1992, and in effect on or after July 1, 1992, shall be deemed to be a valid construction permit issued pursuant to this section. The commission shall designate by regulation those classes of minor or insignificant sources of air pollution which THAT are exempt from the requirement for a permit because of their negligible impact on air quality.

(2) (a)  THE GENERAL ASSEMBLY HEREBY DECLARES THAT ALL SHORT­TERM EMISSION LIMITS IN EXISTING AND NEW STATIONARY SOURCE AIR POLLUTION PERMITS SHALL ONLY BE ENFORCEABLE BY THE STATE OF COLORADO UNDER POWERS RESERVED BY THE STATE OF COLORADO UNLESS THE SHORT­TERM LIMIT IS SPECIFICALLY REQUIRED IN A SPECIFIC FEDERALLY APPLICABLE REQUIREMENT, SUCH AS A NEW SOURCE PERFORMANCE STANDARD, NATIONAL EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS, OR A SOURCE­SPECIFIC ELEMENT OF THE STATE IMPLEMENTATION PLAN, IN WHICH CASE THE SHORT­TERM LIMIT MAY BE FEDERALLY ENFORCEABLE. THE STATE OF COLORADO'S INTERPRETATION OF COMPLIANCE WITH ALL SHORT­TERM EMISSION LIMITS SHALL BE PARAMOUNT.

(b)  SHORT­TERM EMISSION LIMITS DEEMED NECESSARY TO PROTECT A NATIONAL AMBIENT AIR QUALITY STANDARD AT THE PROPERTY LINE OR NEAREST OFF­SITE RECEPTOR SHALL BE WRITTEN WITH THE LONGEST AVERAGING PERIOD FEASIBLE TO BE PROTECTIVE OF HUMAN HEALTH AND THE ENVIRONMENT AND ALLOW THE SOURCE FLEXIBILITY IN OPERATING THE FACILITY.

SECTION 2.  25­7­114.3, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

25­7­114.3.  Operating permits required for emission of pollutants - legislative declaration. (1.5)  THE GENERAL ASSEMBLY HEREBY DECLARES THAT ALL SHORT­TERM EMISSION LIMITS IN EXISTING AND NEW STATIONARY SOURCE AIR POLLUTION PERMITS SHALL ONLY BE ENFORCEABLE BY THE STATE OF COLORADO UNDER POWERS RESERVED BY THE STATE OF COLORADO UNLESS THE SHORT­TERM LIMIT IS SPECIFICALLY REQUIRED IN A SPECIFIC FEDERALLY APPLICABLE REQUIREMENT, SUCH AS A NEW SOURCE PERFORMANCE STANDARD, NATIONAL EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS, OR A SOURCE­SPECIFIC ELEMENT OF THE STATE IMPLEMENTATION PLAN, IN WHICH CASE THE SHORT­TERM LIMIT MAY BE FEDERALLY ENFORCEABLE. THE STATE OF COLORADO'S INTERPRETATION OF COMPLIANCE WITH ALL SHORT­TERM EMISSION LIMITS SHALL BE PARAMOUNT.

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.".".

HB98-1329 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, strike line 18 and substitute the following:

"THE SENATE SHALL EACH APPOINT FIVE MEMBERS. THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES SHALL EACH APPOINT TWO MEMBERS.".


HB98-1333 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 5, line 18, after "FOR", insert "SALE OR".

Page 36, after line 13, insert the following:

"SECTION 13. Appropriation.  (1)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of corrections, for the fiscal year beginning July 1, 1998, the sum of sixty-nine thousand eight hundred eleven dollars ($69,811), or so much thereof as may be necessary, for the implementation of this act.

(2)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 1998, the sum of six hundred twenty-two thousand eight hundred fifty-seven dollars ($622,857) and 1.5 FTE, or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding sections accordingly.

Page 1, line 101, strike "FUEL." and substitute "FUEL, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".



HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

HB98­1153 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

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

"SECTION 1.  Part 8 of article 1 of title 25, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

25­1­804.  Confidentiality of medical records ­ legislative declaration ­ task force ­ duties ­ report to legislative committees ­ repeal. (1)  THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT THE INCREASING SOPHISTICATION OF TECHNOLOGY AND THE ABILITY TO TRANSMIT INFORMATION FROM ONE PLACE TO ANOTHER BY COMPUTER REQUIRES AN INQUIRY INTO WHETHER OR NOT THE METHODS CURRENTLY USED TO PROTECT THE CONFIDENTIALITY OF MEDICAL RECORDS IN COLORADO ARE SUFFICIENT. THE GENERAL ASSEMBLY FURTHER FINDS, DETERMINES, AND DECLARES THAT THE CREATION OF A TASK FORCE TO UNDERTAKE THIS INQUIRY IS NECESSARY FOR THE PUBLIC SAFETY.

(2)  THE EXECUTIVE DIRECTOR OF HEALTH CARE POLICY AND FINANCING, THE EXECUTIVE DIRECTOR OF PUBLIC HEALTH AND ENVIRONMENT, AND THE COMMISSIONER OF INSURANCE SHALL JOINTLY APPOINT A TASK FORCE TO STUDY THE ISSUES OF ACHIEVING AND MAINTAINING THE CONFIDENTIALITY OF MEDICAL RECORDS AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS FOR LEGISLATION, IF ANY, TO THE GENERAL ASSEMBLY IN ACCORDANCE WITH SUBSECTION (5) OF THIS SECTION. THE CONFIDENTIALITY OF MEDICAL RECORDS TASK FORCE SHALL BE COMPRISED OF FIFTEEN MEMBERS WITH REPRESENTATION FROM THE FOLLOWING GROUPS INCLUDING, BUT NOT LIMITED TO:

(a)  LICENSED MEDICAL FACILITIES;

(b)  SKILLED NURSING FACILITIES;

(c)  LICENSED HEALTH CARE PROFESSIONALS;

(d)  MENTAL HEALTH AND SUBSTANCE ABUSE COUNSELORS;

(e)  CARRIERS OF HEALTH, NO­FAULT, ACCIDENT, AND SICKNESS INSURANCE;

(f)  COLORADO BAR ASSOCIATION;

(g)  LAW ENFORCEMENT;

(h)  MEDICAL RESEARCH;

(i)  THE EXECUTIVE DIRECTORS OF THE COLORADO DEPARTMENTS OF HEALTH CARE POLICY AND FINANCING AND PUBLIC HEALTH AND ENVIRONMENT, THE COMMISSIONER OF INSURANCE, AND THE GOVERNOR, OR THEIR RESPECTIVE DESIGNEES; AND

(j)  THE PUBLIC.

(3)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, AND THE COMMISSIONER OF INSURANCE SHALL EACH APPOINT FIVE MEMBERS OF THE TASK FORCE PURSUANT TO SUBSECTION (2) OF THIS SECTION. THE MEMBERS OF THE TASK FORCE SHALL SERVE WITHOUT COMPENSATION.

(4)  THE TASK FORCE SHALL UNDERTAKE AT LEAST THE FOLLOWING TASKS:

(a)  SURVEY OF ALL PROVISIONS OF THE COLORADO REVISED STATUTES, COLORADO CASES, AND FEDERAL LAWS THAT CONCERN THE CONFIDENTIALITY OF MEDICAL RECORDS IN ORDER TO DETERMINE THE STATUS OF CURRENT LAW AND PRACTICE;

(b)  SURVEY CURRENT AND EMERGING TECHNOLOGY AND PRACTICES;

(c)  CONVENE PUBLIC MEETINGS AS NECESSARY AND INVITING COMMENT AND INPUT FROM PARTIES OF INTEREST AND MEMBERS OF THE PUBLIC.

(5)  THE TASK FORCE SHALL REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES NO LATER THAN NOVEMBER 30, 1998.

(6)  THE TASK FORCE MAY ACCEPT GIFTS, GRANTS, AND DONATIONS FROM ANY SOURCE SOLELY FOR THE PURPOSE OF CARRYING OUT ITS CHARGE ACCORDING TO THIS SECTION AND SHALL MAKE A FULL ACCOUNTING OF ANY GIFTS, GRANTS, AND DONATIONS RECEIVED AND EXPENDED TO THE GENERAL ASSEMBLY IN ACCORDANCE WITH SUBSECTION (5) OF THIS SECTION.

(7)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 1999.

SECTION 2.  No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the provisions of this act.

SECTION 3.  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.".

HB98-1309 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 "PROFESSIONAL" and substitute "PROVIDER";

line 5, strike "LAW." and substitute "LAW, AND, IF COVERAGE IS PROVIDED THROUGH A MANAGED CARE PLAN, SUCH QUALIFIED PROVIDER SHALL BE A PARTICIPATING PROVIDER IN SUCH MANAGED CARE PLAN.";

line 7, after "EDUCATION", insert "WHEN PRESCRIBED".

HB98-1328 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, strike lines 2 through 6.

Page 2, strike lines 1 through 21.

Renumber succeeding sections accordingly.

Page 3, strike lines 3 through 10.

Renumber succeeding sections accordingly.

JUDICIARY

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

HB98­1236 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 2, after "(c)", insert "(I)".

Page 2, line 4, after "PROGRAM", insert "WITHIN";

strike lines 7 through 18.

Page 3, line 2, after "TITLE", insert "WITHIN".


HB98-1264, 1300 be referred to the Committee of the Whole with favorable recommendation.

HB98-1314, 1319, 1330 be postponed indefinitely.

HB98-1337 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 22, strike "SIX" and substitute "FOUR";

line 26, strike "SIX-HUNDRED-DOLLAR" and substitute "FOUR-HUNDRED-DOLLAR".

Page 4, line 11, strike "(1) and";

line 12, strike "are" and substitute "is";

line 13, strike "(1) Meetings of the unit owners, as the";

strike lines 14 through 26.

Page 5, strike lines 1 through 7, and substitute the following:

"(2)  All regular and special meetings of the association's executive";

line 12, strike "HAND" and substitute "CONSPICUOUSLY POSTED WITHIN THE COMMON INTEREST COMMUNITY.";

strike lines 13 and 14;

line 15, strike "IN WRITING BY THE UNIT OWNER.".

______________

INTRODUCTION OF BILL

First Reading

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

HB98-1370 by Representatives Hefley, Adkins, Kreutz, McPherson, Morrison, Reeser, Schauer, Spradley, and Tool; also Senator Mutzebaugh--Concerning membership on district boards of health.

Committee on Health, Environment, Welfare and Institutions.

______________

INTRODUCTION OF RESOLUTION

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

HJR98-1013 by Representative Schauer; also Senator Norton--Concerning a request to Congress, the Secretary of Defense, and the Secretary of the Air Force to authorize the relocation of the military exchange and commissary at Fitzsimons Army Garrison to new facilities to be constructed at Buckley Air National Guard Base.

Committee on State, Veterans and Military Affairs.

WHEREAS, The federal military base realignment and closure process has led to the closing of Lowry Air Force Base and the impending closure of Fitzsimons Army Garrison; and

WHEREAS, The exchange and commissary at the former Lowry Air Force Base has been closed, and the exchange and commissary at Fitzsimons Army Garrison is scheduled to be closed in March, 1999; and

WHEREAS, Over three thousand two hundred active duty military personnel with approximately six thousand eight hundred dependents are assigned to Buckley Air National Guard Base or other locations in the Denver metropolitan area; and

WHEREAS, Over four thousand members of the National Guard and Reserves in the Denver metropolitan area are entitled to unlimited exchange and limited commissary privileges; and

WHEREAS, Over nineteen thousand military retirees reside in the Denver metropolitan area; and

WHEREAS, The closure of the exchange and commissary at Lowry Air Force Base and the consequent increase in the number of persons using the exchange and commissary at Fitzsimons Army Garrison has resulted in the exchange and commissary at Fitzsimons being inadequate to support the needs of the persons eligible to use it; and

WHEREAS, The active duty military personnel, members of the National Guard and Reserves, and military retirees presently entitled to exchange and commissary privileges at Fitzsimons Army Garrison will suffer from decreased quality of life and increased financial burdens when the exchange and commissary at Fitzsimons Army Garrison is closed in March, 1999; and

WHEREAS, The closure of the exchange and commissary at Fitzsimons Army Garrison will eliminate over two hundred jobs; and

WHEREAS, The closest alternative exchange and commissary for the Denver metropolitan area is located at the United States Air Force Academy, which is over sixty miles and more than an hour's drive away from Denver; and

WHEREAS, Buckley Air National Guard Base is owned by the United States Air Force, but licensed to the State of Colorado; and

WHEREAS, Buckley Air National Guard Base and the City of Aurora, Colorado have sufficient power, water, and sewer infrastructure to support a new exchange and commissary at Buckley Air National Guard Base; and

WHEREAS, Roy Romer, Governor of Colorado; Major General William A. Westerdahl, Adjutant General of the Colorado National Guard; and Paul E. Tauer, Mayor of Aurora, Colorado all support the relocation of the exchange and commissary from Fitzsimons Army Garrison to new facilities to be constructed at Buckley Air National Guard Base; now, therefore,

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

That we, the members of the of the Sixty­first General Assembly, request that the Congress of the United States, the Secretary of Defense, and the Secretary of the Air Force take immediate action to authorize the relocation of the exchange and commissary at Fitzsimons Army Medical Garrison to new facilities to be constructed at Buckley Air National Guard Base and to ensure that the exchange and commissary at Fitzsimons Army Garrison remains open until the new facilities are completed.

Be It Further Resolved, That the new exchange and commissary to be constructed at Buckley Air National Guard Base be sized to adequately meet the needs of all persons in the Denver metropolitan area who are eligible to use it.

Be It Further Resolved, That copies of this Resolution be sent to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the Secretary of Defense, the Secretary of the Air Force, the Speaker of the House and the President of the Senate of each state's legislature of the United States of America, and Colorado's Congressional delegation.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until February 16, retaining place on Calendar:

Consideration of Resolutions--HJR98-1010, 1004.

Consideration of Senate Amendments--HB98-1043.

______________

Correction

H.J. page 460, strike lines 8 through 12 and substitute the following:

"Amend printed bill, page 3, strike line 19 and substitute the following:

"(4) This section is repealed, effective July 1, 1998.".

_______________

On motion of Representative Anderson, the House adjourned until 10:00 a.m., February 16, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk