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

Forty-first Legislative Day Monday, February 16, 1998

Prayer by the Reverend Bill Haan, Englewood Bible Church.

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

The roll was called with the following result:

Present--64.

Absent and excused--Representative Taylor--1.

Present after roll call--Representative Taylor.

The Speaker Pro Tempore declared a quorum present.

_______________

On motion of Representative Kaufman, the reading of the journal of February 13, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

______________

PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed: HB98-1370.

______________

DELIVERY OF BILL TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bill has been delivered to the Office of the Governor: HB98-1121 at 2:43 p.m. on February 13, 1998.

______________

INTRODUCTION OF BILL

First Reading

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

HB98-1371 by Representative Swenson--Concerning grounds for expulsion related to dangerous weapons.

Committee on Education.

_______________

On motion of Representative Anderson, HB98-1325 shall be made Special Orders on Monday, February 16, 1998, at 10:10 a.m.

_______________

The hour of 10:10 a.m., having arrived, on motion of Representative Johnson, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman.

_______________

SPECIAL ORDERS--SECOND READING OF BILL

The Committee of the Whole having risen, the Chairman reported the title of the following bill had been read (reading at length had been dispensed with by unanimous consent), the bill 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.)

HB98-1325 by Representatives Owen, Grampsas, and Romero; also Senators Rizzuto, Blickensderfer, and Lacy--Concerning the implementation of the non-medicaid state subsidized insurance program known as the "children's basic health plan".

Amendment No. 1, Health, Environment, Welfare and Institutions Report, dated February 9, 1998, and placed in member's bill file; Report also printed in House Journal, February 9, pages 448-451.

Amendment No. 2, Appropriations Report, dated February 13,1998, and placed in member's bill file; Report also printed in House Journal, February 13, page 512.

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

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB98-1325 amended.

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 YBerry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor E

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

THIRD READING OF BILLS--FINAL PASSAGE

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

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

The question being "Shall the bill pass?".

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

YES 44 NO 20 EXCUSED 1 ABSENT 0

Adkins N

Agler Y

Alexander Y

Allen N

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean N

Dyer Y

Entz Y

Epps N

Faatz Y

George Y


Gordon Y

Gotlieb N

Grampsas Y

Grossman Y

Hagedorn Y

Hefley N

Johnson N

June Y

Kaufman N

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May N

McElhany N


McPherson N

Miller Y

Morrison Y

Musgrave N

Nichol Y

Owen N

Pankey N

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer N

Sinclair N

Smith N


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor E

Tool N

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young N

Zimmerman Y

Mr. Speaker N

Co-sponsors added: Representatives Anderson, Udall.

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

The question being "Shall the bill pass?".

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

YES 48 NO 16 EXCUSED 1 ABSENT 0

Adkins N

Agler N

Alexander Y

Allen N

Anderson N

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean N

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May N

McElhany N


McPherson N

Miller Y

Morrison Y

Musgrave N

Nichol Y

Owen N

Pankey N

Paschall N

Pfiffner N

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley N

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor E

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Bacon, Grossman, Johnson, Kaufman, Reeser, Saliman, Snyder, Sullivant, Takis, Tupa, Veiga, Zimmerman.

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.

The question being "Shall the bill pass?".

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

YES 64 NO 0 EXCUSED 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 Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y

Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor E

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

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".

The question being "Shall the bill pass?".

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

YES 64 NO 0 EXCUSED 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 Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor E

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsor added: Representative S. Williams.

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

The question being "Shall the bill pass?".

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

YES 65 NO 0 EXCUSED 0 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz YEpps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Dean, Hagedorn, Leyba, Mace, Morrison, Snyder.

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".

The question being "Shall the bill pass?".

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

YES 65 NO 0 EXCUSED 0 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

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

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".

The question being "Shall the bill pass?".

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

YES 65 NO 0 EXCUSED 0 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen YAnderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Dean, Gotlieb, Johnson, Mace, Tool, Tupa, S.Williams.

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

The question being "Shall the bill pass?".

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

YES 65 NO 0 EXCUSED 0 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

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.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a

majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 63 NO 2 EXCUSED 0 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz N

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson N

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Gordon, Mace, Reeser, Romero.

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

The question being "Shall the bill pass?".

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

YES 49 NO 16 EXCUSED 0 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez N

Clarke N

Dean Y

Dyer Y

Entz Y

Epps N

Faatz Y

George Y


Gordon Y

Gotlieb N

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson N

June Y

Kaufman N

Keller Y

Kreutz N

Lawrence Y

Leyba N

Mace N

May Y

McElhany N


McPherson N

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair N

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis N

Tate Y

Taylor Y

Tool N

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker N

________________

On motion of Representative Johnson, 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.)

HB98-1179 by Representative Tucker; also Senator Mutzebaugh--Concerning consolidation of procedures for issuing civil restraining orders.

Amendment No. 1, by Representative Tucker.

Strike the Judiciary Committee Report, dated January 22, 1998, and substitute the following:

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

"SECTION 1.  Article 1 of title 13, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

13­1­136.  Civil restraining orders ­ single set of forms. (1)  THE GENERAL ASSEMBLY HEREBY FINDS THAT THE STATUTES PROVIDE FOR THE ISSUANCE OF SEVERAL TYPES OF CIVIL RESTRAINING ORDERS TO PROTECT THE PUBLIC, BUT THAT MANY OF THESE RESTRAINING ORDERS HAVE MANY ELEMENTS IN COMMON. THE GENERAL ASSEMBLY ALSO FINDS THAT CONSOLIDATING THE VARIOUS FORMS FOR ISSUING CIVIL RESTRAINING ORDERS AND CREATING A STANDARDIZED SET OF FORMS THAT WILL BE APPLICABLE TO THE ISSUANCE OF ANY CIVIL RESTRAINING ORDER WILL SIMPLIFY THE PROCEDURES FOR ISSUING THESE RESTRAINING ORDERS AND ENHANCE THE EFFICIENT USE OF THE COURTS' AND CITIZENS' TIME AND RESOURCES.

(2)  ON OR BEFORE MARCH 1, 1999, THE STATE COURT ADMINISTRATOR, PURSUANT TO THE RULE-MAKING AUTHORITY OF THE COLORADO SUPREME COURT, SHALL DESIGN AND MAKE AVAILABLE TO THE COURTS COPIES OF A STANDARDIZED SET OF FORMS TO BE USED IN THE ISSUANCE OF ANY CIVIL RESTRAINING ORDER ISSUED PURSUANT TO SECTION 13­6­107 OR SECTION 14­4­102 OR 14­10­108, C.R.S., OR RULE 365 OF THE COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE. THE STATE COURT ADMINISTRATOR SHALL DESIGN THE STANDARDIZED SET OF FORMS IN SUCH A MANNER AS TO MAKE THE FORMS EASY TO UNDERSTAND AND USE AND IN SUCH A MANNER AS WILL FACILITATE AND IMPROVE THE PROCEDURE FOR REQUESTING, ISSUING, AND ENFORCING CIVIL RESTRAINING ORDERS.

(3)  IN DEVELOPING THE STANDARDIZED SET OF FORMS FOR THE ISSUANCE OF CIVIL RESTRAINING ORDERS PURSUANT TO THIS SECTION, THE STATE COURT ADMINISTRATOR SHALL WORK WITH REPRESENTATIVES OF MUNICIPAL, COUNTY, AND DISTRICT COURT JUDGES AND REPRESENTATIVES OF OTHER INTERESTED GROUPS.

SECTION 2.  13­6­107 (1) and (5), Colorado Revised Statutes, are amended to read:

13­6­107.  Restraining orders to prevent emotional abuse of the elderly. (1)  A county court shall have authority to issue temporary and permanent restraining orders to prevent emotional abuse of the elderly. ANY RESTRAINING ORDER ISSUED PURSUANT TO THIS SECTION ON OR AFTER MARCH 1, 1999, SHALL BE ISSUED USING THE STANDARDIZED SET OF FORMS DEVELOPED BY THE STATE COURT ADMINISTRATOR PURSUANT TO SECTION 13­1­136.

(5)  Upon the filing of a complaint duly verified, alleging that the defendant has committed acts constituting emotional abuse of an elderly person, any judge or magistrate, after hearing the evidence and being fully satisfied therein that sufficient cause exists, may issue a temporary restraining order on a standardized form prescribed by the judicial department to prevent such abuse and a citation directed to the defendant commanding the defendant to appear before the court at a specific time and date, to show cause, if any, why said temporary restraining order should not be made permanent. Complaints may be filed by the elderly person or by persons listed in section 26­3.1­102 (1) (b) and (1) (c), C.R.S.

SECTION 3.  14­4­102 (1) and (5), Colorado Revised Statutes, are amended to read:

14­4­102.  Restraining orders to prevent domestic abuse. (1)  A municipal court of record, if authorized by the municipal governing body, county court, and district court shall have authority to issue temporary and permanent restraining orders to prevent domestic abuse whether or not such relief could be obtained in a domestic relations action filed in a district court. ANY RESTRAINING ORDER ISSUED PURSUANT TO THIS SECTION ON OR AFTER MARCH 1, 1999, SHALL BE ISSUED USING THE STANDARDIZED SET OF FORMS DEVELOPED BY THE STATE COURT ADMINISTRATOR PURSUANT TO SECTION 13­1­136, C.R.S.

(5)  Upon the filing of a complaint, duly verified, alleging that the defendant has committed acts constituting domestic abuse against the plaintiff or a minor child of either of the parties, any judge of a municipal, county, or district court, after hearing the evidence and being fully satisfied therein that sufficient cause exists, may issue a temporary restraining order on a standardized form prescribed by the judicial department to prevent domestic abuse and a citation directed to the defendant, commanding such defendant to appear before the court at a specific time and date, to show cause, if any, why said temporary restraining order should not be made permanent. However, if the temporary restraining order is issued by the district court in connection with an action filed under the "Uniform Dissolution of Marriage Act", article 10 of this title, or by the juvenile court under the "Uniform Parentage Act", article 4 of title 19, C.R.S., the court may dispense with the issuance of a citation and require that the temporary restraining order remain in effect until revoked, modified, or terminated as provided in section 14­10­108.

SECTION 4.  14­10­108 (3), Colorado Revised Statutes, is amended, and the said 14­10­108 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

14­10­108.  Temporary order or temporary injunction. (2.3)  ANY RESTRAINING ORDER ISSUED PURSUANT TO THIS SECTION ON OR AFTER MARCH 1, 1999, SHALL BE ISSUED USING THE STANDARDIZED SET OF FORMS DEVELOPED BY THE STATE COURT ADMINISTRATOR PURSUANT TO SECTION 13­1­136, C.R.S.

(3)  The court may issue a temporary restraining order without requiring notice to the other party only if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury would result to the moving party if no order were issued until the time for responding had elapsed. Any temporary restraining order issued pursuant to this section shall be on a standardized form prescribed by the judicial department and A copy OF ANY TEMPORARY RESTRAINING ORDER ISSUED PURSUANT TO THIS SECTION shall be provided to the protected parties.

SECTION 5.  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.".".

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

HB98-1104 by Representatives Veiga and Swenson; also Senator Tebedo--Concerning certain required automobile insurance coverage amounts.

Laid over until February 19, retaining place on Calendar.

HB98-1362 by Representatives Romero, Grampsas, and Owen; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning an extension until March 1, 1999, of the period for which the Colorado state fair authority is not subject to the provisions of the "Procurement Code", articles 101 to 112 of title 24, Colorado Revised Statutes.

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

HB98-1116 by Representative Pankey; also Senator Ament--Concerning the elimination of certain restrictions on the awarding of contracts to provide bus service within the regional transportation district.

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

HB98-1183 by Representatives Gordon, Sullivant, Veiga, K. Alexander, Kaufman, Keller, and S. Williams--Concern-ing child custody.

Amendment No. 1, Judiciary Report, dated January 29, 1998, and placed in member's bill file; Report also printed in House Journal, February 2, pages 310-325.

Amendment No. 2, by Representative Gordon.

Amend the Judiciary Committee Report, dated January 29, 1998, page 10, line 30, strike "RESPONSIBILITIES AND RIGHTS," and substitute "RESPONSIBILITIES,".

Page 19, line 22, strike "OTHER".

Page 21, strike lines 13 through 21;

line 24, strike "GRANDPARENT VISITATION, OR CHILD SUPPORT" and substitute "OR GRANDPARENT VISITATION";

line 30, strike "GRANDPARENT VISITATION, OR CHILD SUPPORT." and substitute "OR GRANDPARENT VISITATION.";

line 32, strike "CHILD SUPPORT,".

Page 22, after line 10, insert the following:

"SECTION 22. 10­16­104 (6) (c) and (6) (d), Colorado Revised Statutes, are amended to read:

10­16­104.  Mandatory coverage provisions.  (6)  Dependent children. (c)  When a dependent child is enrolled in a noncustodial parent's health insurance plan OF A PARENT WITH WHOM THE CHILD RESIDES LESS THAN FIFTY PERCENT OF THE TIME, the entity described in paragraph (a) of this subsection (6) shall:

(I)  Provide to the dependent child's custodial parent WITH WHOM THE CHILD RESIDES THE MAJORITY OF THE TIME information that is necessary for the dependent child to obtain medical benefits and services;

(II)  Allow the custodial parent DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (c), the health care provider with the custodial SUCH parent's approval, or the state to submit claims for covered services without the approval of the noncustodial OTHER parent;

(III)  Make payments directly to the custodial parent DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (c), the health care provider, or the state medical assistance agency on claims submitted pursuant to subparagraph (II) of this paragraph (c).

(d)  Whenever a noncustodial parent of a dependent child WITH WHOM THE CHILD RESIDES LESS THAN FIFTY PERCENT OF THE TIME is subject to a court or an administrative order to provide health care coverage for the dependent child, and the noncustodial SUCH parent is eligible for family health care coverage through the noncustodial parent's employment, the entity described in paragraph (a) of this subsection (6) shall:

(I)  Permit the noncustodial SUCH parent to enroll the dependent child under the family coverage plan, regardless of any enrollment season restriction;

(II)  Enroll the dependent child upon application for enrollment by the custodial parent WITH WHOM THE CHILD RESIDES THE MAJORITY OF THE TIME, the state medical assistance agency, or the state child support enforcement agency or a delegate child support enforcement unit if the noncustodial parent WITH WHOM THE CHILD RESIDES LESS THAN FIFTY PERCENT OF THE TIME is enrolled in a family coverage plan but fails to enroll the dependent child, regardless of any enrollment restrictions;

(III)  Not cancel or revoke enrollment of the dependent child, or eliminate coverage for the dependent child, unless the insurer is provided with satisfactory written proof that:

(A)  The court or administrative order for health care coverage is no longer in effect; or

(B)  The child is or will be enrolled in a comparable plan through another insurer, which enrollment takes effect no later than the effective date of the cancellation or revocation of enrollment or the elimination of coverage.

SECTION 23.  13­5­301 (3) (e) (V), Colorado Revised Statutes, is amended to read:

13­5­301.  Family law magistrates ­ qualifications ­ duties.  (3)  Subject to the provision that no magistrate may preside in any trial by jury, family law magistrates shall have the following duties, powers, and authority:

(e)  To conduct hearings under the "Uniform Dissolution of Marriage Act", article 10 of title 14, C.R.S., including:

(V)  Parenting time, and the modification thereof, including motions to restrict parenting time or parental contact, where custody THE ALLOCATION OF PARENTAL RESPONSIBILITIES is not an issue;

SECTION 24.  13­6­105 (1) (d), Colorado Revised Statutes, is amended to read:

13­6­105.  Specific limits on civil jurisdiction.  (1)  The county court shall have no civil jurisdiction except that specifically conferred upon it by law. In particular, it shall have no jurisdiction over the following matters:

(d)  Matters affecting children, including custody, THE ALLOCATION OF PARENTAL RESPONSIBILITIES, support, guardianship, adoption, dependency, or delinquency;

SECTION 25.  13­8­124, Colorado Revised Statutes, is amended to read:

13­8­124.  Appellate review. Appellate review of any order, decree, or judgment may be taken to the supreme court or the court of appeals, as provided by law and the Colorado appellate rules. Initials shall appear on the record on appeal in place of the name of the child. Appeals from orders or decrees concerning legal custody, THE ALLOCATION OF PARENTAL RESPONSIBILITIES, termination of parent­child legal relationships, and adoptions shall be advanced upon the calendar of the supreme court or of the court of appeals and shall be decided at the earliest practicable time.

SECTION 26.  13­20­206, Colorado Revised Statutes, is amended to read:

13­20­206.  Unlawful to name correspondent. It is unlawful for any person, either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to cause to be filed in any court of this state any pleading or paper naming or describing in such manner as to identify any person as correspondent or participant in misconduct of the adverse party in any action for dissolution of marriage, legal separation, declaration of invalidity of marriage, or custody THE ALLOCATION OF PARENTAL RESPONSIBILITIES or support of children, or in any citation or proceeding ancillary or subsequent to such action. In all such cases it is sufficient for such pleader to designate any such correspondent or third party in general language which THAT is not sufficient for identification, and such general language shall operate with the same legal effect as complete naming and identification of the person would do; except that the adverse party may file a motion for a bill of particulars to secure such name, identity, or other facts. The granting of such motion, in whole or in part, rests in the sound discretion of the court; and, if ordered granted, the bill of particulars shall set forth the information specifically required by said order, but no further, and when filed the same shall be sealed, not to be opened without an order of the court. If the motion for a bill of particulars is granted, the party named in said bill of particulars shall be given five days' notice in writing prior to the filing of the same, said notice to be given either by personal service or by registered mail addressed to his last­known address.

SECTION 27.  13­21­107.5 (1) (a) and (3), Colorado Revised Statutes, are amended to read:

13­21­107.5.  Civil damages for loss caused by theft. (1) As used in this section, unless the context otherwise requires:

(a)  "Emancipated minor" means an individual under the age of eighteen years whose parents or guardian have surrendered PARENTAL RESPONSIBILITIES, the right to the care, custody, and earnings of such individual and are no longer under a duty to support or maintain such individual.

(3)  The parents or guardian having custody of OR PARENTAL RESPONSIBILITIES WITH RESPECT TO an unemancipated minor who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price, and with the intention of converting such merchandise to his own use or who alters the price indicia of any merchandise shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of not less than one hundred dollars nor more than two hundred fifty dollars.

SECTION 28.  13­22­102, Colorado Revised Statutes, is amended to read:

13­22­102.  Minors ­ consent for medical care and treatment for addiction to or use of drugs. Notwithstanding any other provision of law, any physician licensed to practice in this state, upon consultation by a minor as a patient, with the consent of such minor patient, may examine, prescribe for, and treat such minor patient for addiction to or use of drugs without the consent of or notification to the parent, parents, or legal guardian of such minor patient, or to any other person having custody OR DECISION­MAKING RESPONSIBILITY WITH RESPECT TO THE MEDICAL CARE of such minor patient. In any such case the physician or any person acting pursuant to the minor's direction shall incur no civil or criminal liability by reason of having made such examination or prescription or having rendered such treatment, but this immunity shall not apply to any negligent acts or omissions by the physician or any person acting pursuant to his THE PHYSICIAN'S direction.

SECTION 29.  13­22­106 (2) (a) and (2) (b), Colorado Revised Statutes, are amended to read:

13­22­106.  Minors ­ consent ­ sexual assault. (2) (a)  Prior to examining or treating a minor pursuant to subsection (1) of this section, a physician shall make a reasonable effort to notify the parent, parents, legal guardian, or any other person having custody OR DECISION­MAKING RESPONSIBILITY WITH RESPECT TO THE MEDICAL CARE of such minor of the sexual assault.

(b)  So long as the minor has consented, the physician may examine and treat the minor as provided for in subsection (1) of this section whether or not the physician has been able to make the notification provided for in paragraph (a) of this subsection (2) and whether or not those notified have given consent, but, if the person having custody OR DECISION­MAKING RESPONSIBILITY WITH RESPECT TO THE MINOR'S MEDICAL CARE objects to treatment, then the physician shall proceed under the provisions of part 3 of article 3 of title 19, C.R.S.

SECTION 30.  14­2­106 (1) (a) (I), Colorado Revised Statutes, is amended to read:

14­2­106.  License to marry. (1) (a)  When a marriage application has been completed and signed by both parties to a prospective marriage and at least one party has appeared before the county clerk and recorder and has paid the marriage license fee of seven dollars plus an additional fee of ten dollars, except as provided in paragraph (c) of this subsection (1), such additional fee to be credited to the Colorado children's trust fund pursuant to section 19­3.5­106, C.R.S., and an additional amount established pursuant to section 25­2­121, C.R.S., such amount to be credited to the vital statistics records cash fund pursuant to section 25­2­121, C.R.S., the county clerk shall issue a license to marry and a marriage certificate form upon being furnished:

(I)  Satisfactory proof that each party to the marriage will have attained the age of eighteen years at the time the marriage license becomes effective; or, if over the age of sixteen years but has not attained the age of eighteen years, has the consent of both parents or guardian or, if the parents are not living together, the parent who has legal custody DECISION­MAKING RESPONSIBILITY CONCERNING SUCH MATTERS or with whom the child is living or judicial approval, as provided in section 14­2­108; or, if under the age of sixteen years, has both the consent to the marriage of both parents or guardian or, if the parents are not living together, the parent who has legal custody DECISION­MAKING RESPONSIBILITY CONCERNING SUCH MATTERS or with whom the child is living and judicial approval, as provided in section 14­2­108; and

SECTION 31. 14­2­108 (1) (b), Colorado Revised Statutes, is amended to read:

14­2­108.  Judicial approval. (1)  The juvenile court, as defined in section 19­1­103 (17), C.R.S., after a reasonable effort has been made to notify the parents or guardian of each underaged party, may order the county clerk and recorder to issue a marriage license and a marriage certificate form:

(b)  To a party under the age of sixteen years who has the consent to his OR HER marriage of both parents, if capable of giving consent, or his OR HER guardian or, if the parents are not living together, the parent who has legal custody DECISION­MAKING RESPONSIBILITY CONCERNING SUCH MATTERS or with whom the child is living.

SECTION 32.  14­5­1001, Colorado Revised Statutes, is amended to read:

14­5­1001.  Venue. Venue in an initiating proceeding is proper in any county in which the child resides or is physically present, or in any county where a child support order exists, or in any county where public assistance is or was being paid on behalf of the child. Venue in a responding proceeding is proper in any county where the obligor parent resides, or in any county where the obligor parent is employed or derives income, or in any county where a child support order exists, or in any county where public assistance is or was being paid on behalf of the child. The tribunal shall not decline or refuse to accept and forward the complaint on the ground that it should be filed with some other tribunal of this or any other state where there is pending another action for divorce, separation, annulment, dissolution, habeas corpus, adoption, or custody OR THE ALLOCATION OF PARENTAL RESPONSIBILITIES between the same parties.

SECTION 33.  14­10­105 (2), Colorado Revised Statutes, is amended to read:

14­10­105.  Application of Colorado rules of civil procedure. (2)  A proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage shall be entitled "In re the Marriage of ........ and ..........". A custody PROCEEDING FOR THE ALLOCATION OF PARENTAL RESPONSIBILITIES or A support proceeding shall be entitled "In re the (Custody) (PARENTAL RESPONSIBILITIES) (Support) of (SUPPORT OF) ..........".

SECTION 34.  14­10­106 (1) (b), Colorado Revised Statutes, is amended to read:

14­10­106.  Dissolution of marriage ­ legal separation. (1) (b)  In connection with every decree of dissolution of marriage and to the extent of its jurisdiction to do so, the court shall consider, approve, or make provision for child custody, ALLOCATE PARENTAL RESPONSIBILITIES WITH RESPECT TO ANY CHILD OF THE MARRIAGE, the support of any child of the marriage who is entitled to support, the maintenance of either spouse, and the disposition of property; but the entry of a decree with respect to custody, PARENTAL RESPONSIBILITIES, support, maintenance, or disposition of property may be deferred by the court until a time subsequent to the decree of dissolution of marriage upon a finding that such deferral is necessary in the best interests of the parties.

SECTION 35.  14­10­107 (2) (e), Colorado Revised Statutes, is amended to read:

14­10­107.  Commencement ­ pleadings ­ abolition of existing defenses ­ automatic, temporary injunction ­ enforcement. (2)  The petition in a proceeding for dissolution of marriage or legal separation shall allege that the marriage is irretrievably broken and shall set forth:

(e)  Any arrangements as to the custody ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO THE CHILDREN OF THE MARRIAGE and support of the children and the maintenance of a spouse; and

SECTION 36.  14­10­107.7, Colorado Revised Statutes, is amended to read:

14­10­107.7.  Required notice of involvement with department of human services. When filing a petition for dissolution of marriage or legal separation, a petition in support or custody proceedings, PROCEEDINGS FOR THE ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO THE CHILDREN OF THE MARRIAGE, or any other matter pursuant to this article with the court, if the parties have joint legal responsibility for a child for whom the petition seeks an order of child support, the parties shall be required to indicate on a form prepared by the court whether or not the parties or the dependent children of the parties have received within the last five years or are currently receiving benefits or public assistance from either the state department of human services or county department of social services. If the parties indicate that they have received such benefits or assistance, the court shall inform the appropriate delegate child support enforcement unit so that the unit can determine whether any support enforcement services are required. There shall be no penalty for failure to report as specified in this section.

SECTION 37.  14­10­108 (1) and (2.5), Colorado Revised Statutes, are amended to read:

14­10­108.  Temporary order or temporary injunction. (1)  In a proceeding for dissolution of marriage, legal separation, child custody, THE ALLOCATION OF PARENTAL RESPONSIBILITIES, or declaration of invalidity of marriage or a proceeding for disposition of property, maintenance, or support following dissolution of the marriage, either party may move for temporary payment of debts, use of property, maintenance, custody, PARENTAL RESPONSIBILITIES, support of a child of the marriage entitled to support, or payment of attorney fees. The motion may be supported by an affidavit setting forth the factual basis for the motion and the amounts requested.

(2.5)  As part of a temporary restraining order, the court may award interim legal custody DECISION­MAKING RESPONSIBILITY of a child to a person entitled to bring a custody AN action FOR THE ALLOCATION OF PARENTAL RESPONSIBILITIES under section 14­10­123, when such award is reasonably related to preventing domestic abuse as defined in section 14­4­101 (2) or preventing the child from witnessing domestic abuse. The interim legal custody DECISION­MAKING RESPONSIBILITY order may be modified or dissolved, based upon the best interests of the child as set forth in section 14­10­124, at a subsequent temporary or permanent orders hearing or as otherwise provided by subsection (6) of this section or as otherwise ordered by the court. The interim legal custody DECISION­MAKING RESPONSIBILITY order may be issued without notice to the other party only if the court finds that irreparable injury would result to the moving party or the child if no order were issued until the time for responding to the motion had elapsed. The interim legal custody DECISION­MAKING RESPONSIBILITY order shall be without prejudice to the rights of the parties or child at subsequent hearings in the proceedings. The interim legal custody DECISION­MAKING RESPONSIBILITY order may provide for parenting time for any other party.

SECTION 38.  14­10­111 (6), Colorado Revised Statutes, is amended to read:

14­10­111.  Declaration of invalidity. (6)  The provisions of this article relating to the property rights of spouses, maintenance, and support OF and custody THE ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO THE of children on dissolution of marriage are applicable to decrees of invalidity of marriage.

SECTION 39. 14­10­112 (1), (2), and (6), Colorado Revised Statutes, are amended to read:

14­10­112.  Separation agreement. (1)  To promote the amicable settlement of disputes between the parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for the maintenance of either of them, the disposition of any property owned by either of them, and the custody, ALLOCATION OF PARENTAL RESPONSIBILITIES, support, and parenting time of their children.

(2)  In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except terms providing for the custody, THE ALLOCATION OF PARENTAL RESPONSIBILITIES, support, and parenting time of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unconscionable.

(6)  Except for terms concerning the support, custody, THE ALLOCATION OF DECISION­MAKING RESPONSIBILITY, or parenting time of children, the decree may expressly preclude or limit modification of terms set forth in the decree if the separation agreement so provides.

SECTION 40.  14­10­113 (1) (c) , Colorado Revised Statutes, is amended to read:

14­10­113.  Disposition of property. (1) (c)  The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children; WITH WHOM ANY CHILDREN RESIDE THE MAJORITY OF THE TIME; and

SECTION 41.  14­10­115 (4) (c), (8), (9), (10) (c), and (14), Colorado Revised Statutes, are amended to read:

14­10­115.  Child support ­ guidelines ­ schedule of basic child support obligations. (4)  The child support guideline does the following:

(c)  Allocates the amount of child support to be paid by each parent based upon physical custody CARE arrangements.

(8)  Shared physical care. For the purposes of this section, "shared physical custody CARE" means that each parent keeps the children overnight for more than ninety­two overnights each year and that both parents contribute to the expenses of the children in addition to the payment of child support.

(9)  Split physical care. For the purposes of this section, "split custody PHYSICAL CARE" means that each parent has physical custody CARE of at least one of the children BY MEANS OF THAT CHILD OR CHILDREN RESIDING WITH THAT PARENT THE MAJORITY OF THE TIME.

(10)  Basic child support obligation. (c)  Because shared physical custody CARE presumes that certain basic expenses for the children will be duplicated, an adjustment for shared physical custody CARE is made by multiplying the basic child support obligation by one and fifty one­hundredths (1.50).

(14)  Computation of child support. (a)  Except in cases of shared physical custody CARE or split custody PHYSICAL CARE as defined in subsections (8) and (9) of this section, a total child support obligation is determined by adding each parent's respective obligations for the basic child support obligation, work­related net child care costs, extraordinary medical expenses, and extraordinary adjustments to the schedule. The custodial parent RECEIVING A CHILD SUPPORT PAYMENT shall be presumed to spend his or her total child support obligation directly on the children. The noncustodial parent PAYING CHILD SUPPORT TO THE OTHER PARENT shall owe his or her total child support obligation as child support to the custodial OTHER parent minus any ordered payments included in the calculations made directly on behalf of the children for work­related net child care costs, extraordinary medical expenses, or extraordinary adjustments to the schedule.

(b)  In cases of shared physical custody, CARE, each parent's adjusted basic child support obligation obtained by application of paragraph (c) of subsection (10) of this section shall first be divided between the parents in proportion to their respective adjusted gross incomes. Each parent's share of the adjusted basic child support obligation shall then be multiplied by the percentage of time the children spend with the other parent to determine the theoretical basic child support obligation owed to the other parent. To these amounts shall be added each parent's proportionate share of work­related net child care costs, extraordinary medical expenses, and extraordinary adjustments to the schedule. The parent owing the greater amount of child support shall owe the difference between the two amounts as a child support order minus any ordered direct payments made on behalf of the children for work­related net child care costs, extraordinary medical expenses, or extraordinary adjustments to schedule. In no case, however, shall the amount of child support ordered to be paid exceed the amount of child support which THAT would otherwise be ordered to be paid if the parents did not share physical custody.

(c) (I)  In cases of split physical custody, CARE, a child support obligation shall be computed separately for each parent based upon the number of children living with the other parent in accordance with subsections (10), (11), (12), and (13) of this section. The amount so determined shall be a theoretical support obligation due each parent for support of the child or children for whom he or she has primary physical custody. The obligations so determined shall then be offset, with the parent owing the larger amount owing the difference between the two amounts as a child support order.

(II)  If the parents also share physical custody CARE as outlined in paragraph (b) of this subsection (14), an additional adjustment for shared physical custody CARE shall be made as provided in paragraph (b) of this subsection (14).

SECTION 42. 14­10­116 (2) (a), Colorado Revised Statutes, is amended to read:

14­10­116.  Appointments in domestic relations cases ­ representation of child ­ special advocates. (2)  The court may appoint either or both of the following:

(a)  An individual to serve as a representative of the child. The individual shall be an attorney. The individual shall represent the best interests of the minor or dependent child, as that term is described in section 14­10­124, with respect to the child's custody, THE ALLOCATION OF PARENTAL RESPONSIBILITIES, support for the child, the child's property, parenting time, or any other issue related to the child that is identified in the court's order of appointment. The individual appointed shall actively participate in all aspects of the case involving the child, within the bounds of the law. Such attorney shall not be called as a witness in the case.

SECTION 43.  14­10­120 (5), Colorado Revised Statutes, is amended to read:

14­10­120.  Decree. (5)  Whenever child support has been ordered, the decree of dissolution, legal separation, declaration of invalidity, custody, ALLOCATING PARENTAL RESPONSIBILITIES, or support shall contain an order for an income assignment pursuant to section 14­14­111.5.

SECTION 44.  14­10­120.3 (1) (a), Colorado Revised Statutes, is amended to read:

14­10­120.3.  Dissolution of marriage upon affidavit ­ requirements. (1)  Final orders in a proceeding for dissolution of marriage may be entered upon the affidavit of either or both parties when:

(a)  There are no minor children of the husband and wife and the wife is not pregnant or the husband and wife are both represented by counsel and have entered into a separation agreement granting custody to one or both parents THAT PROVIDES FOR THE ALLOCATION OF PARENTAL RESPONSIBILITIES CONCERNING THE CHILDREN OF THE MARRIAGE and setting out the amount of child support to be provided by the husband or wife or both; and

SECTION 45.  14­10­122 (5), Colorado Revised Statutes, is amended to read:

14­10­122.  Modification and termination of provisions for maintenance, support, and property disposition ­ automatic lien. (5)  When a voluntary change of physical custody CARE occurs, the provisions for support, if modified pursuant to this section, will be modified as of the date when physical custody CARE was changed. When a voluntary change of physical custody CARE occurs, parties are encouraged to avail themselves of the provision for updating and modifying a child support order without a court hearing, which is set forth in section 14­10­115 (3) (b) (II).

SECTION 46.  14­10.5­102 (3), Colorado Revised Statutes, is amended to read:

14­10.5­102.  Legislative declaration. (3)  It is the purpose of this article to enhance children's opportunities for access to their noncustodial parent WITH WHOM THE CHILD DOES NOT RESIDE THE MAJORITY OF THE TIME PURSUANT TO COURT ORDER in compliance with any orders entered in that regard. To that end, the general assembly hereby determines that it is appropriate for the state to seek the federal grant described in section 391 of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104­193, in order to explore alternative methods by which to support and facilitate a child's access to and time with his or her noncustodial parent WITH WHOM THE CHILD DOES NOT RESIDE THE MAJORITY OF THE TIME in contested parenting time proceedings.

SECTION 47. Repeal.  14­10.5­103, Colorado Revised Statutes, is repealed as follows:

14­10.5­103.  Definition. For purposes of this article, "noncustodial parent" means the parent of a child who is the subject of a parenting time court proceeding and who, pursuant to a court order, either was not granted custody but was awarded parenting time with his or her child or who was granted joint custody and parenting time with his or her child but who is not the parent with whom the child primarily resides.

SECTION 48.  14­10.5­104 (1) (a) (VII), Colorado Revised Statutes, is amended to read:

14­10.5­104.  Parenting time enforcement program ­ authorization. (1) (a)  The appropriate state agency, as determined by the governor, is hereby authorized to develop a parenting time enforcement program. The program, if developed, shall comply with all requirements and restrictions, if any, set forth in federal law or in federal regulation promulgated by the secretary of the federal department of health and human services and, if in compliance with federal law and regulation, shall address the enhancement and facilitation of children's access to their noncustodial parents by any one or any combination of the following methods:

(VII)  Alternative custody arrangements WITH RESPECT TO PARENTAL RESPONSIBILITIES;

SECTION 49.  14­13­103 (2) and (3), Colorado Revised Statutes, are amended to read:

14­13­103.  Definitions. As used in this article, unless the context otherwise requires:

(2)  "Custody determination" means a court decision and court orders and instructions providing for the custody of a child OR ALLOCATING PARENTAL RESPONSIBILITIES WITH RESPECT TO A CHILD, including grandparent visitation or parenting time rights; it does not include a decision relating to child support or any other monetary obligation of any person.

(3)  "Custody proceeding" includes proceedings in which a custody determination OR THE ALLOCATION OF PARENTAL RESPONSIBILITIES is one of several issues, such as an action for divorce, dissolution of marriage, or separation, and includes child neglect and dependency proceedings.

SECTION 50.  14­14­104 (2), (3), (4), and (7), Colorado Revised Statutes, are amended to read:

14­14­104.  Recovery for child support debt. (2)  The county department of social services through its delegate child support enforcement unit shall be subrogated to the right of the dependent child or children or person having legal or AND physical custody of said child or children OR HAVING BEEN ALLOCATED DECISION­MAKING AUTHORITY WITH RESPECT TO THE CHILD OR CHILDREN to pursue any child support action existing under the laws of this state to obtain reimbursement of public assistance expended. If a court enters a judgment for or orders the payment of any amount of child support to be paid by an obligor, the county department of social services shall be subrogated to the debt created by such judgment or order.

(3)  No agreement between any one parent or custodial person OR PERSON ALLOCATED PARENTAL RESPONSIBILITIES and the obligor, either relieving the obligor of any duty of support or responsibility therefor or purporting to settle past, present, or future child support obligations either as settlement or as prepayment, shall act to reduce or terminate any rights of the county department of social services to recover from that obligor for any public assistance provided unless the county department of social services through its delegate child support enforcement unit has consented to the agreement, in writing, and such written consent has been incorporated into and made a part of the agreement.

(4)  Any parental rights with respect to custody OR DECISION­MAKING RESPONSIBILITY WITH RESPECT TO A CHILD or parenting time which THAT are granted by a court of competent jurisdiction or are subject to court review shall remain unaffected by the establishment or enforcement of a child support debt or obligation by the county department of social services or other person pursuant to the provisions of this article; and the establishment or enforcement of any such child support debt or obligation shall also remain unaffected by such parental rights with respect to custody OR DECISION­MAKING RESPONSIBILITY WITH RESPECT TO A CHILD or parenting time.

(7)  When a portion of a public assistance grant, paid to or for the benefit of a dependent child, includes moneys paid to provide the custodial parent OR THE PARENT WITH WHOM THE CHILD RESIDES THE MAJORITY OF THE TIME or caretaker relative with necessities including but not limited to shelter, medical care, clothing, or transportation, then those moneys are deemed to be paid to or for the benefit of the dependent child.

SECTION 51.  15­14­104, Colorado Revised Statutes, is amended to read:

15­14­104.  Delegation of powers by parent or guardian. A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding nine months, any of his OR HER powers regarding care, custody, DECISION­MAKING RESPONSIBILITY, or property of the minor child or ward, except his OR HER power to consent to marriage or adoption of a minor ward.

SECTION 52.  15­14­204 (1) (b), (1) (c), and (1) (d), Colorado Revised Statutes, are amended to read:

15­14­204.  Court appointment of guardian of minor ­ conditions for appointment. (1)  The court, if it finds it will be in the best interests of the minor, may appoint a guardian for an unmarried minor:

(b)  If legal custody of DECISION­MAKING RESPONSIBILITY FOR such minor has been suspended by prior court order; or

(c)  If the minor is found to have been abandoned by the parents or custodial person OR PERSON WITH DECISION­MAKING RESPONSIBILITY; or

(d)  If the parents or custodial person OR PERSON WITH DECISION­MAKING RESPONSIBILITY requests the court to appoint a guardian for such minor.

SECTION 53.  15­18.6­102, Colorado Revised Statutes, is amended to read:

15­18.6­102.  CPR directives for CPR ­ who may execute. Any adult over age eighteen who has the decisional capacity to provide informed consent to or refusal of medical treatment or any other person who is, pursuant to the laws of this state or any other state, authorized to make medical treatment decisions on behalf of an adult who lacks such decisional capacity, may execute a CPR directive. After a physician issues a "do not resuscitate" order for a minor child, and only then, may the parents of the minor, if married and living together, the custodial parent OR PARENT WITH DECISION­MAKING RESPONSIBILITY FOR SUCH A DECISION, or the legal guardian execute a CPR directive.

SECTION 54.  16­11­204 (2) (b) (II), Colorado Revised Statutes, is amended to read:

16­11­204.  Conditions of probation. (2) (b)  When granting probation, in addition to the consideration of the provisions set forth in paragraph (a) of this subsection (2), the court shall order as a condition of probation in cases in which the defendant was convicted of a crime, the underlying factual basis of which included an act of domestic violence, as defined in section 18­6­800.3 (1), C.R.S., that the defendant:

(II)  Comply with any existing court orders concerning a proceeding to determine paternity, custody, THE ALLOCATION OF DECISION­MAKING RESPONSIBILITY, parenting time, or support;

SECTION 55.  18­3­304 (1), (2), and (4), Colorado Revised Statutes, are amended to read:

18­3­304.  Violation of custody order relating to parental responsibilities. (1)  Any person, including a natural or foster parent, who, knowing that he OR SHE has no privilege to do so or heedless in that regard, takes or entices any child under the age of eighteen years from the custody OR CARE of his THE CHILD'S parents, guardian, or other lawful custodian, OR PERSON WITH PARENTAL RESPONSIBILITIES WITH RESPECT TO THE CHILD commits a class 5 felony.

(2)  Any parent or other person who violates an order of any district or juvenile court of this state, granting the custody of a CHILD OR PARENTAL RESPONSIBILITIES WITH RESPECT TO A child under the age of eighteen years to any person, agency, or institution, with the intent to deprive the lawful custodian OR PERSON WITH PARENTAL RESPONSIBILITIES of the custody OR CARE of a child under the age of eighteen years, commits a class 5 felony.

(4)  Any criminal action charged pursuant to this section may be tried in either the county where the act is committed or in which the court issuing the orders granting custody OR ALLOCATING PARENTAL RESPONSIBILITIES is located, if such court is within this state.

SECTION 56.  The introductory portion to 18­6­601, 18­6­601 (1) (a) (V), and (1) (c), Colorado Revised Statutes, are amended to read:

18­6­601.  Harboring a minor. (1) (a)  A person commits the crime of harboring a minor if the person knowingly provides shelter to a minor without the consent of a parent, guardian, or custodian of the minor, OR THE PERSON WITH WHOM THE CHILD RESIDES THE MAJORITY OF THE TIME PURSUANT TO A COURT ORDER ALLOCATING PARENTAL RESPONSIBILITIES and if the person intentionally:

(V)  Fails to notify the parent, guardian, or custodian of the minor, OR THE PERSON WITH WHOM THE CHILD RESIDES THE MAJORITY OF THE TIME PURSUANT TO A COURT ORDER ALLOCATING PARENTAL RESPONSIBILITIES or a law enforcement officer that the minor is being sheltered within twenty­four hours after shelter has been provided.

(c)  It is a defense to a prosecution under this section that the defendant had custody of the minor OR LAWFUL PARENTING TIME WITH THE MINOR pursuant to a court order.

SECTION 57.  18­6­803.5 (6) (a), Colorado Revised Statutes, is amended to read:

18­6­803.5.  Crime of violation of a restraining order ­ penalty ­ peace officers' duties. (6) (a)  A peace officer is authorized to use every reasonable means to protect the alleged victim or the alleged victim's children to prevent further violence. Such peace officer may transport, or obtain transportation for, the alleged victim to shelter. Upon the request of the protected person, the peace officer may also transport the minor child of the protected person, who is not an emancipated minor, to the same shelter if such shelter is willing to accept the child, whether or not there is a custody order OR AN ORDER ALLOCATING PARENTAL RESPONSIBILITIES WITH RESPECT TO SUCH CHILD or an order for the care and control of the child and whether or not the other parent objects. A peace officer who transports a minor child over the objection of the other parent shall not be held liable for any damages which THAT may result from interference with the custody, PARENTAL RESPONSIBILITIES, care, and control of or access to a minor child in complying with this subsection (6).

SECTION 58.  18­6­803.6 (3) (a), Colorado Revised Statutes, is amended to read:

18­6­803.6.  Duties of peace officers and prosecuting agencies ­ preservation of evidence. (3) (a)  A peace officer is authorized to use every reasonable means to protect the alleged victim or the alleged victim's children to prevent further violence. Such peace officer may transport, or obtain transportation for, the alleged victim to shelter. Upon the request of the protected person, the peace officer may also transport the minor child of the protected person, who is not an emancipated minor, to the same shelter if such shelter is willing to accept the child, whether or not there is a custody order or an order for the care and control of the child OR AN ORDER ALLOCATING PARENTAL RESPONSIBILITIES WITH RESPECT TO THE CHILD and whether or not the other parent objects. A peace officer who transports a minor child over the objection of the other parent shall not be held liable for any damages which THAT may result from interference with the custody, PARENTAL RESPONSIBILITIES, care, and control of or access to a minor child in complying with this subsection (3).

SECTION 59.  19­1­103 (82) (b), Colorado Revised Statutes, is amended to read:

19­1­103.  Definitions. As used in this title or in the specified portion of this title, unless the context otherwise requires:

(82) (b)  "Parent", as used in sections 19­1­114, 19­2­514, and 19­2­515, includes a natural parent having sole or joint custody, regardless of whether the parent is designated as the primary residential custodian, OR A PARENT ALLOCATED PARENTAL RESPONSIBILITIES WITH RESPECT TO A CHILD, or an adoptive parent. For the purposes of section 19­1­114, "parent" does not include a person whose parental rights have been terminated pursuant to the provisions of this title or the parent of an emancipated minor.

SECTION 60.  19­1­104 (5) and (6), Colorado Revised Statutes, are amended to read:

19­1­104.  Jurisdiction. (5)  Where a custody award OR AN ORDER ALLOCATING PARENTAL RESPONSIBILITIES WITH RESPECT TO A CHILD has been made in a district court in a dissolution of marriage action or another proceeding and the jurisdiction of the district court in the case is continuing, the juvenile court may take jurisdiction in a case involving the same child if he OR SHE is dependent or neglected or otherwise comes within the jurisdiction set forth in this section.

(6)  When the juvenile court maintains jurisdiction in a case involving a child who is dependent or neglected and no child custody action OR ACTION FOR THE ALLOCATION OF PARENTAL RESPONSIBILITIES concerning the same child is pending in a district court in this state, upon the petition of a party to the dependency or neglect case, the juvenile court may enter an order awarding sole or joint custody ALLOCATING PARENTAL RESPONSIBILITIES and addressing parenting time and child support matters. The parent or person other than a parent who has been granted custody of a child WITH WHOM THE CHILD RESIDES THE MAJORITY OF THE TIME pursuant to the juvenile court's order shall file a certified copy of the order in the district court in the county where the child is permanently resident. Such order shall be treated in the district court as any other custody decree issued in a child custody proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES.

SECTION 61.  19­1­111 (2) (a) (I), (2) (a) (II), and (2) (c), Colorado Revised Statutes, are amended to read:

19­1­111.  Appointment of guardian ad litem. (2)  The court may appoint a guardian ad litem in the following cases:

(a)  For a child in a delinquency proceeding where:

(I)  No parent, guardian, legal custodian, custodian, PERSON TO WHOM PARENTAL RESPONSIBILITIES HAVE BEEN ALLOCATED, relative, stepparent, or spousal equivalent appears at the first or any subsequent hearing in the case;

(II)  The court finds that a conflict of interest exists between the child and parent, guardian, legal custodian, custodian, PERSON TO WHOM PARENTAL RESPONSIBILITIES HAVE BEEN ALLOCATED, relative, stepparent, or spousal equivalent; or

(c)  For a parent, guardian, legal custodian, custodian, PERSON TO WHOM PARENTAL RESPONSIBILITIES HAVE BEEN ALLOCATED, stepparent, or spousal equivalent in dependency or neglect proceedings who has been determined to be mentally ill or developmentally disabled by a court of competent jurisdiction; except that, if a conservator has been appointed, the conservator shall serve as the guardian ad litem. If the conservator does not serve as guardian ad litem, he THE CONSERVATOR shall be informed that a guardian ad litem has been appointed.

SECTION 62.  19­1­114 (1) and (2) (c), Colorado Revised Statutes, are amended to read:

19­1­114.  Order of protection. (1)  The court may make an order of protection in assistance of, or as a condition of, any decree authorized by this title. The order of protection may set forth reasonable conditions of behavior to be observed for a specified period by the parent, guardian, legal custodian, custodian, PERSON TO WHOM PARENTAL RESPONSIBILITIES HAVE BEEN ALLOCATED, stepparent, spousal equivalent, or any other person who is party to a proceeding brought under this title.

(2)  The order of protection may require any such person:

(c)  To abstain from offensive conduct against a child, his THE CHILD'S parent or parents, his THE CHILD'S guardian or legal custodian, or any other person to whom legal custody of OR PARENTAL RESPONSIBILITIES WITH RESPECT TO a child has been given;

SECTION 63.  The introductory portion to 19­1­117 (1) and 19­1­117 (1) (b) and (2), Colorado Revised Statutes, are amended to read:

19­1­117.  Visitation rights of grandparents. (1)  Any grandparent of a child may, in the manner set forth in this section, seek a court order granting him THE GRANDPARENT reasonable grandchild visitation rights when there is or has been a child custody case OR A CASE CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES RELATING TO THAT CHILD. Because cases arise which THAT do not directly deal with child custody OR THE ALLOCATION OF PARENTAL RESPONSIBILITIES but nonetheless have an impact on the custody of OR PARENTAL RESPONSIBILITIES WITH RESPECT TO a child, for the purposes of this section, a "child custody case" "CASE CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO A CHILD" includes any of the following, whether or not child custody was OR PARENTAL RESPONSIBILITIES WERE specifically an issue:

(b)  That legal custody of PARENTAL RESPONSIBILITIES WITH RESPECT TO the child has HAVE been given ALLOCATED to a party other than the child's parent or that the child has been placed outside of and does not reside in the home of his THE CHILD'S parent, excluding any child who has been placed for adoption or whose adoption has been legally finalized; or

(2)  A party seeking a grandchild visitation order shall submit, together with his OR HER motion for visitation, to the district court for the district in which the child resides an affidavit setting forth facts supporting the requested order and shall give notice, together with a copy of his OR HER affidavit, to the party who has legal custody of the child. WITH PARENTAL RESPONSIBILITIES AS DETERMINED BY A COURT PURSUANT TO ARTICLE 10 OF TITLE 14, C.R.S. The party with legal custody PARENTAL RESPONSIBILITIES AS DETERMINED BY A COURT PURSUANT TO ARTICLE 10 OF TITLE 14, C.R.S., may file opposing affidavits. If neither party requests a hearing, the court shall enter an order granting grandchild visitation rights to the petitioning grandparent only upon a finding that the visitation is in the best interests of the child. A hearing shall be held if either party so requests or if it appears to the court that it is in the best interests of the child that a hearing be held. At the hearing, parties submitting affidavits shall be allowed an opportunity to be heard. If, at the conclusion of the hearing, the court finds it is in the best interests of the child to grant grandchild visitation rights to the petitioning grandparent, the court shall enter an order granting such rights.

SECTION 64.  The introductory portion to 19­1­117.5 (1), 19­1­117.5 (1) (b), and the introductory portion to 19­1­117.5 (2), Colorado Revised Statutes, are amended to read:

19­1­117.5.  Disputes concerning grandparent visitation. (1)  Upon a verified motion by a grandparent who has been granted visitation or upon the court's own motion alleging that the person with legal custody OR PARENTAL RESPONSIBILITIES of the child AS DETERMINED BY A COURT PURSUANT TO ARTICLE 10 OF TITLE 14, C.R.S., with whom visitation has been granted is not complying with a grandparent visitation order or schedule, the court shall determine from the verified motion, and response to the motion, if any, whether there has been or is likely to be a substantial and continuing noncompliance with the grandparent visitation order or schedule and either:

(b)  Set the matter for hearing with notice to the grandparent and the person with legal custody OR PARENTAL RESPONSIBILITIES of the child AS DETERMINED BY THE COURT of the time and place of the hearing; or

(2)  After the hearing, if a court finds that the person with legal custody OR PARENTAL RESPONSIBILITIES of the child AS DETERMINED BY THE COURT has not complied with the visitation order or schedule and has violated the court order, the court, in the best interests of the child, may issue orders which may include but need not be limited to:

SECTION 65.  19­1­304 (1) (a) (XI), (1) (c) (VI), and (2) (a) (XI), Colorado Revised Statutes, are amended to read:

19­1­304.  Juvenile delinquency records. (1) (a)  Court records ­ open. Except as provided in paragraph (b.5) of this subsection (1), court records in juvenile delinquency proceedings or proceedings concerning a juvenile charged with the violation of any municipal ordinance except a traffic ordinance shall be open to inspection to the following persons without court order:

(XI)  Any person conducting a custody AN evaluation pursuant to section 14­10­127, C.R.S.;

(c)  Probation records ­ limited access. Except as otherwise authorized by section 19­1­303, a juvenile probation officer's records, whether or not part of the court file, shall not be open to inspection except as provided in subparagraphs (I) to (IX) of this paragraph (c):

(VI)  To any person conducting a custody AN evaluation pursuant to section 14­10­127, C.R.S.;

(2) (a)  Law enforcement records in general ­ closed. Except as otherwise provided by paragraph (b.5) of subsection (1) of this section and otherwise authorized by section 19­1­303, the records of law enforcement officers concerning juveniles, including identifying information, shall be identified as juvenile records and shall not be inspected by or disclosed to the public, except:

(XI)  To any person conducting a custody AN evaluation pursuant to section 14­10­127, C.R.S.;

SECTION 66.  19­1­307 (2) (m) (II), Colorado Revised Statutes, is amended to read:

19­1­307 Dependency and neglect records and information.  (2) (m)  The state departments of health care policy and financing and human services and the county departments of social services, for the following purposes:

(II)  Conducting custody evaluations PURSUANT TO SECTION 14­10­127, C.R.S.;

SECTION 67.  19­2­308 (3), Colorado Revised Statutes, is amended to read:

19­2­308.  Community service and work programs.  (3)  With the written consent of the victim of the juvenile's delinquent act, the juvenile or both the juvenile and the custodial parent OR THE JUVENILE'S PARENT WHO HAS PARENTAL RESPONSIBILITIES or guardian of the juvenile may be ordered to perform work for the victim.

SECTION 68.  19­2­919 (1) (c) and (2) (a), Colorado Revised Statutes, are amended to read:

19­2­919.  Sentencing ­ requirements imposed on parents.  (1)  In addition to any of the provisions specified in sections 19­2­907 to 19­2­918, any sentence imposed pursuant to section 19­2­907 may require:

(c)  The juvenile or both the juvenile and his or her custodial parent OR PARENT WITH PARENTAL RESPONSIBILITIES or guardian to perform services for the victim, as provided in section 19­2­308, designed to contribute to the rehabilitation of the juvenile, if the victim consents in writing to such services. However, the value of the services required to be rendered by the parent, guardian, or legal custodian of OR PARENT WITH PARENTAL RESPONSIBILITIES WITH RESPECT TO the juvenile under this paragraph (c) shall not exceed the damages as set forth in section 13­21­107, C.R.S., for any one delinquent act.

(2)  In addition to any sentence imposed pursuant to section 19­2­907 or subsection (1) of this section and regardless of whether the court orders the juvenile to pay restitution pursuant to section 19­2­918, the court may order:

(a)  The guardian or legal custodian of the juvenile OR THE PARENT ALLOCATED PARENTAL RESPONSIBILITIES WITH RESPECT TO THE JUVENILE to make restitution to one or more victims pursuant to the terms and conditions set forth in this subsection (2); except that the liability of the guardian or legal custodian of the juvenile OR PARENT ALLOCATED PARENTAL RESPONSIBILITIES WITH RESPECT TO THE JUVENILE under this subsection (2) shall not exceed the damages as set forth in section 13­21­107, C.R.S., for any one delinquent act. If the court finds, after a hearing, that the guardian or legal custodian of the juvenile OR THE PARENT ALLOCATED PARENTAL RESPONSIBILITIES WITH RESPECT TO THE JUVENILE has made diligent, good faith efforts to prevent or discourage the juvenile from engaging in delinquent activity, the court shall absolve the guardian or legal custodian OR PARENT ALLOCATED PARENTAL RESPONSIBILITIES WITH RESPECT TO THE JUVENILE of liability for restitution under this subsection (2).

SECTION 69.  19­4­111 (4), Colorado Revised Statutes, is amended to read:

19­4­111.  Pretrial proceedings.  (4)  Upon the filing of a petition under this article, any party may seek the issuance of a temporary restraining order or injunction under the criteria set forth in section 14­10­108, C.R.S. Any party may further seek temporary orders as to custody, THE ALLOCATION OF PARENTAL RESPONSIBILITIES, INCLUDING ALLOCATION OF DECISION­MAKING RESPONSIBILITY AND parenting time, and support once an order determining the existence of the parent and child relationship has been entered by the court. The filing of a motion for temporary orders shall not prevent a party or public agency from seeking other relief as may be provided by this article. Issues of temporary custody, ORDERS CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES, INCLUDING DECISION­MAKING RESPONSIBILITY AND parenting time, and ISSUES OF support shall be determined in accordance with the criteria set forth in the "Uniform Dissolution of Marriage Act", article 10 of title 14, C.R.S. Any temporary restraining order issued pursuant to this subsection (4) shall be on a standardized form prescribed by the judicial department, and a copy shall be provided to the protected person.

SECTION 70.  19­4­116 (3) (a) and (6) (i), Colorado Revised Statutes, are amended to read:

19­4­116.  Judgment or order ­ birth­related costs ­ evidence ­ repeal.  (3) (a)  The judgment or order may contain any other provision directed against the appropriate party to the proceeding concerning the duty of support, the recovery of child support debt pursuant to section 14­14­104, C.R.S., the custody ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO THE CHILD and guardianship of the child, parenting time privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment or order may direct the father to pay for genetic testing and to pay the reasonable expenses of the mother's pregnancy and confinement.

(6)  In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, a court enforcing the obligation of support shall consider all relevant facts, including:

(i)  The value of services contributed by the custodial parent IN WHOSE CARE THE CHILD RESIDES THE MAJORITY OF THE TIME;

SECTION 71.  19­4­130 (1), Colorado Revised Statutes, is amended to read:

19­4­130.  Temporary custody orders.  (1)  Upon the filing of any proceeding under this article or under article 13.5 of title 26, C.R.S., the court shall, as soon as practicable, enter a temporary or permanent custody order ALLOCATING PARENTAL RESPONSIBILITIES that shall determine the legal custody ALLOCATE THE DECISION­MAKING RESPONSIBILITY AND PARENTING TIME of the child until further order of the court.

SECTION 72.  19­5­203 (1) (e), Colorado Revised Statutes, is amended to read:

19­5­203.  Availability for adoption.  (1)  A child may be available for adoption only upon:

(e)  Written and verified consent of the parent having only residual parental rights and responsibilities when custody PARENTAL RESPONSIBILITIES has HAVE been awarded ALLOCATED to the other parent in a dissolution of marriage proceeding where the spouse of the parent having custody PARENTAL RESPONSIBILITIES wishes to adopt the child;

SECTION 73.  22­1­102 (2) (a), Colorado Revised Statutes, is amended to read:

22­1­102.  Residence of child.  (2)  A child shall be deemed to reside in a school district if:

(a)  Both his OR HER parents, or the survivor of them, or the one of them to WITH whom custody of such child has been awarded by RESIDES A MAJORITY OF THE TIME PURSUANT TO AN ORDER OF any court of competent jurisdiction resides in the school district;

SECTION 74.  23­3.3­201 (1) (c), Colorado Revised Statutes, is amended to read:

23­3.3­201.  Definitions. As used in this part 2, unless the context otherwise requires:

(1)  "Dependent" means:

(c)  Any child in the legal custody of WHOSE PARENT HAS PARENTAL RESPONSIBILITIES WITH RESPECT TO SUCH CHILD or for which proceedings for custody THE ALLOCATION OF PARENTAL RESPONSIBILITIES were initiated by either of said child's parents prior to the time such parent served as a prisoner of war, was declared missing in action, served on state active duty or authorized training duty as a Colorado national guardsman, or was permanently disabled or killed while acting to preserve the public peace, health, and safety in the capacity of police officer, sheriff, or other law enforcement officer or firefighter.

SECTION 75.  23­7­103 (3), Colorado Revised Statutes, is amended to read:

23­7­103.  Presumptions and rules for determination of status.  (3)  An unemancipated minor qualifies for a change in his OR HER classification to in­state student for tuition purposes only if either of his OR HER parents, regardless of custody, PARENTAL RESPONSIBILITIES, or his OR HER legal guardian has completed the requirements for establishing a Colorado domicile. Eligibility for classification as an in­state student for tuition purposes shall be lost if both of his parents, regardless of custody, PARENTAL RESPONSIBILITIES, or his OR HER legal guardian has lost eligibility. An emancipated minor or adult who has registered as a student does not qualify for a change in his OR HER classification to in­state student for tuition purposes unless he OR SHE has established and maintained a domicile for twelve continuous months in this state.

SECTION 76.  24­34­501 (1.6), Colorado Revised Statutes, is amended to read:

24­34­501.  Definitions. As used in this part 5, unless the context otherwise requires:

(1.6)  "Familial status" means one or more individuals, who have not attained eighteen years of age, being domiciled with a parent or another person having legal custody of such individual or individuals or the designee of such parent or other persons having such custody with the written permission of such parent or other person. Familial status shall apply to any person who is pregnant or is in the process of securing legal custody OR PARENTAL RESPONSIBILITIES of any individual who has not attained eighteen years of age.

SECTION 77.  25­4­402 (4), Colorado Revised Statutes, is amended to read:

25­4­402.  Venereal cases shall be reported ­ physician's immunity.  (4)  Any physician, upon consultation by a minor as a patient and with the consent of such minor patient, may make a diagnostic examination for venereal disease and may prescribe for and treat such minor patient for venereal disease without the consent of or notification to the parent or guardian of such minor patient or to any other person having custody of OR PARENTAL RESPONSIBILITIES WITH RESPECT TO such minor patient. In any such case, the physician shall incur no civil or criminal liability by reason of having made such diagnostic examination or rendered such treatment, but such immunity shall not apply to any negligent acts or omissions.

SECTION 78.  24­4­1704 (2), (2.5) (a), (2.5) (b), and (2.5) (d), Colorado Revised Statutes, are amended to read:

25­4­1704.  Infant immunization program ­ delegation of authority to immunize minor.  (2)  Every parent, legal guardian, or person vested with legal custody OR DECISION­MAKING RESPONSIBILITY FOR THE MEDICAL CARE OF A MINOR, or person otherwise responsible for the care and custody of an infant residing in this state, shall be responsible for having such infant vaccinated in compliance with the schedule of immunization established by the board of health; except that, failure to vaccinate a child in accordance with this subsection (2) shall not constitute sufficient grounds for any insurance company to deny a claim submitted on behalf of a child who develops a vaccine preventable disease.

(2.5) (a)  Subject to the provisions of this subsection (2.5), a parent, legal guardian, person vested with legal custody of a minor OR DECISION­MAKING RESPONSIBILITY FOR THE MEDICAL CARE OF A MINOR, or such other adult person responsible for the care and custody of a minor in this state, other than any employee of a licensed child care center in which the minor is enrolled, may delegate, verbally or in writing, that person's authority to consent to the immunization of a minor to a stepparent, an adult relative of first or second degree of kinship, or an adult child care provider who has care and control of the minor. Any immunization administered pursuant to a delegation of authority under this subsection (2.5) shall be administered only at a health care clinic, hospital, office of a private practitioner, or county public health clinic.

(b)  If a parent, legal guardian, person vested with legal custody of a minor OR DECISION­MAKING RESPONSIBILITY FOR THE MEDIAL CARE OF A MINOR, or other adult person responsible for the care and custody of a minor in this state verbally delegates his or her authority to consent to the immunization of a minor under this subsection (2.5), the person to whom such authority is thereby delegated shall confirm the verbal delegation in writing and shall verbally relay any relevant health history to the administering practitioner. The practitioner administering the vaccination shall include the written confirmation in the minor's medical record. If a parent, legal guardian, person vested with legal custody of a minor OR DECISION­MAKING RESPONSIBILITY FOR THE MEDICAL CARE OF A MINOR, or other adult person responsible for the care and custody of a minor in this state delegates his or her authority to consent to the immunization of a minor under this subsection (2.5) in writing, such writing shall include the relevant health history, and the practitioner administering the vaccination shall include a copy of the written delegation of authority in the minor's medical record.

(d)  A person may not consent to the immunization of a minor pursuant to this subsection (2.5) if:

(I)  The person has actual knowledge that the parent, legal guardian, person vested with legal custody of a minor OR DECISION­MAKING RESPONSIBILITY FOR THE MEDICAL CARE OF A MINOR, or other adult person responsible for the care and custody of a minor in this state has expressly refused to give consent to the immunization; or

(II)  The parent, legal guardian, person vested with legal custody of a minor OR DECISION­MAKING RESPONSIBILITY FOR THE MEDICAL CARE OF A MINOR, or other adult person responsible for the care and custody of a minor in this state has told the person that the person may not consent to the immunization of the minor or, in the case of a written authorization, has withdrawn the authorization in writing.

SECTION 79.  26­13­107 (2) (c), (2) (d), (3) (a.5) (III), (3) (a.5) (IV), and (3) (a.5) (VI), Colorado Revised Statutes, are amended to read:

26­13­107.  State parent locator service.  (2)  To effectuate the purposes of subsection (1) of this section, the executive director may request and shall receive from departments, boards, bureaus, or other agencies of the state, including but not limited to law enforcement agencies, or any of its political subdivisions, and the same are authorized to provide, such assistance and data as will enable the state department and delegate child support enforcement units or their authorized agents properly to carry out their powers and duties to locate such parents for the purpose of establishing parentage or establishing, modifying, or enforcing child support obligations. In addition, any federal agency or such agency's authorized agents properly carrying out their powers and duties to locate a parent for the purpose of establishing parentage or establishing, modifying, or enforcing child support obligations may request and shall have access to any motor vehicle or law enforcement system used by the state to locate an individual. Any records established pursuant to the provisions of this section shall be available only to the following:

(c)  Courts having jurisdiction in support and abandonment proceedings or actions to establish child support against a noncustodial parent or to issue an order against a custodial parent for child custody THE ALLOCATION OF PARENTAL RESPONSIBILITIES or parenting time rights or any agent of such court;

(d)  The custodial OBLIGEE parent, legal guardian, attorney, or agent of a child who is not receiving aid under Title IV­A of the federal "Social Security Act", as amended, when a court order is provided; and

(3) (a.5)  The state parent locator service shall only accept applications from and transmit Colorado and federal parent locator information to:

(III)  Courts having jurisdiction in support and abandonment proceedings or actions to establish child support against a noncustodial parent or to issue an order against a custodial parent for child custody THE ALLOCATION OF PARENTAL RESPONSIBILITIES or parenting time rights or any agent of such court;

(IV)  The custodial OBLIGEE parent, legal guardian, attorney, or agent of a child who is not receiving aid under Title IV­A of the federal "Social Security Act", as amended, when a court order is provided;

(VI)  The court when a court order is provided from a noncustodial parent seeking to enforce a child custody, PARENTAL RESPONSIBILITIES , or parenting time order.

SECTION 80.  The introductory portion to 26­13­122 (1), Colorado Revised Statutes, is amended to read:

26­13­122.  Administrative lien and attachment. (1)  The state child support enforcement agency may issue a notice of administrative lien and attachment to any person, insurance company, or agency providing workers' compensation insurance benefits for any employer to attach workers' compensation benefits of an obligor who is responsible for the support of a child on whose behalf the custodian of that child OBLIGEE is receiving support enforcement services from the state's child support enforcement agency pursuant to this article. The notice shall include the following statements and information:

SECTION 81.  26­13­128 (2), Colorado Revised Statutes, is amended to read:

26­13­128.  Agreements with financial institutions ­ data match system ­ limited liability.  (2)  The purpose of the program authorized by this section shall be to develop and operate, in coordination with such financial institutions and state entities, a data match system, using automated data exchanges, to the maximum extent feasible, in which each such financial institution or state entity is required to provide semiannually the name, record address, and social security number, or other taxpayer identification number, of any account holder or customer that maintains an account at such institution or entity and who owes past­due child support, as identified by the state by name and social security number, or other taxpayer identification number. The state department shall enter into an agreement with each financial institution and state entity, which agreement shall specify a schedule of data matches. The agreement shall provide that the financial institution or state entity shall have forty­five days after the receipt of the informational electronic or magnetic data from the child support enforcement agency to conduct the data match required by this subsection (2). The agreement shall also provide that the financial institution or state entity shall return the data in electronic or magnetic form to the child support enforcement agency within three business days after conducting the data match. The financial institution or state entity shall include information concerning all accounts where a data match occurs, including, but not limited to, information regarding joint accounts, partnership accounts, sole proprietorship accounts, custodial accounts, and commercial accounts. The child support enforcement agency shall make a reasonable effort to accommodate those financial institutions upon which the requirements of this section would pose a hardship. The financial institution or entity, in response to a notice of lien or levy from the state department, shall encumber or surrender assets, except for custodial accounts created pursuant to the "Colorado Uniform Transfers to Minors Act", article 50 of title 11, C.R.S., and except for trust accounts of moneys held in trust for a third party, held by such institution or entity on behalf of any noncustodial OBLIGOR parent who is subject to a child support lien, subject to any right of setoff the financial institution may have against such assets. In addition to any right of setoff the financial institution may have, before the financial institution surrenders any assets of the noncustodial OBLIGOR parent to the state department, the financial institution shall apply any assets held by the financial institution on behalf of the noncustodial OBLIGOR parent against the balance of any amounts owed by the noncustodial OBLIGOR parent to the financial institution, regardless of whether the noncustodial OBLIGOR parent is in default under any agreement with the financial institution or whether any payments are currently due to the financial institution, subject to prior agreement of the noncustodial OBLIGOR parent.

SECTION 82.  26­13.5­105 (3) (d), Colorado Revised Statutes, is amended to read:

26­13.5­105.  Negotiation conference ­ issuance of order of financial responsibility ­ filing of order with district court.  (3) (d)  Notwithstanding any rules of the Colorado rules of civil procedure, a complaint is not required in order to initiate a court action pursuant to this subsection (3). The court shall inform the delegate child support enforcement unit of the date and location of the hearing and the court or the delegate child support enforcement unit shall send a notice to the obligor informing the obligor of the date and location of the hearing. In order to meet federal requirements of expedited process for child support enforcement, the court shall hold a hearing and decide only the issue of child support within ninety days after receipt of notice, as defined in section 26­13.5­102 (13), or within six months after receipt of notice, as defined in section 26­13.5­102 (13), if the obligor is contesting the issue of paternity. If the obligor raises issues relating to custody THE ALLOCATION OF PARENTAL RESPONSIBILITIES, DECISION­MAKING RESPONSIBILITY, or parenting time and the court has jurisdiction to hear such matters, the court shall set a separate hearing for those issues after entry of the order of support. In any action, including an action for paternity, no additional service beyond that originally required pursuant to section 26­13.5­104 shall be required if no stipulation is reached at the negotiation conference and the court is requested to set a hearing in the matter.

SECTION 83. 33­1­102 (38) (d.5), Colorado Revised Statutes, is amended to read:

33­1­102. Definitions. As used in this title, unless the context otherwise requires:

(38) (d.5)  The residency status of children under eighteen years of age is presumed to be that of the custodial parent WITH WHOM THE CHILD RESIDES THE MAJORITY OF THE TIME PURSUANT TO COURT ORDER or legal guardian.".

Renumber succeeding section accordingly.

Amendment No. 3, by Representative Gordon.

Amend the Amendment No. 2, by Representative Gordon, printed in House Journal page 544, strike line 7, and substitute the following:

"Amend the Judiciary Committee Report, dated January 29, 1998, page 3, line 27, strike "placement ­ responsibility and" and substitute "parental responsibility";

line 28, strike "authority";

strike line 29 and substitute the following:

"legal custody of PARENTAL RESPONSIBILITY FOR his or her".

Page 4, strike line 5 and substitute the following:

"PARENTAL RESPONSIBILITIES,".

Page 6, line 30, strike "EITHER PARENT." and substitute "ANY PARTY ALLOCATED PARENTAL RESPONSIBILITIES.".

Page 10, strike lines 23 and 24 and substitute the following:

"(6)  IN THE EVENT OF A MEDICAL EMERGENCY,";";

after line 9 of Amendment No. 2, by Representative Gordon, insert the following:

"Page 11, line 3, strike "MEDIATION" and substitute "MEDIATION, PURSUANT TO SECTION 13­22­311, C.R.S.,".

Page 17, line 8, strike "AUTHORITY AND" and substitute "PARENTAL";

line 11, strike "AUTHORITY AND" and substitute "PARENTAL".";

strike lines 13 through 16 of Amendment No. 2, by Representative Gordon, and substitute the following:

"Page 21, strike lines 13 through 27 and substitute the following:

"14­10­131.8.  Construction of 1999 revisions. THE ENACTMENT OF THE 1999 REVISIONS TO THIS ARTICLE";".

Amendment No. 4, by Representative Gordon.

Amend the Judiciary Committee Report, dated January 29, 1998, page 7, line 33, strike "involved;" and substitute "involved, EXCEPT THAT A DISABILITY ALONE SHALL NOT BE A BASIS TO DENY OR RESTRICT PARENTING TIME;".

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

HB98-1164 by Representatives McElhany, Arrington, Dean, and Sinclair; also Senator B. Alexander--Concerning funding for at-risk students enrolled in charter schools.

Amendment No. 1, Education Report, dated February 2, 1998, and placed in member's bill file; Report also printed in House Journal, February 3, page 341.

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

HB98-1171 by Representative Arrington; also Senator Coffman--Concerning the granting of waivers for charter schools.

Amendment No. 1, Education Report, dated February 2, 1998, and placed in member's bill file; Report also printed in House Journal, February 3, page 341.

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

HB98-1231 by Representatives Tool, Anderson, Dean, Entz, and Sullivant; also Senators J. Johnson, B. Alexander, and Chlouber--Concerning an assistance program for school district capital construction.

Laid over until February 19, retaining place on Calendar.

HB98-1249 by Representatives Dean, C. Berry, and Arrington; also Senator B. Alexander--Concerning funding for charter schools.

Amendment No. 1, Education Report, dated February 2, 1998, and placed in member's bill file; Report also printed in House Journal, February 3, page 342.

Amendment No. 2, by Representative Dean.

Amend the Education Committee Report, dated February 2, 1998, page 1, strike line 4 and substitute the following:

"strike lines 18 through 21 and substitute the following:

"this subsection (2) be less than eighty percent of the district per pupil operating revenues multiplied by the number of pupils enrolled in the charter school; EXCEPT THAT, EFFECTIVE JULY 1, 1999, THE AMOUNT OF FUNDING NEGOTIATED PURSUANT TO THIS SUBSECTION (2) SHALL NOT BE LESS THAN THE PERCENTAGES OF DISTRICT PER".".

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

HB98-1261 by Representative Tool; also Senator Mutzebaugh--Concerning school district reorganization.

Amendment No. 1, by Representative Tool.

Strike the Education Committee Report, dated February 2, 1998, and substitute the following:

"Amend printed bill, page 2, line 10, after the period, add "FOR PURPOSES OF THIS SECTION, "ACTUAL EXPENSES" MEANS TRAVEL EXPENSES AND EXPENSES INCURRED IN PURCHASING NECESSARY SUPPLIES.".".

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

HB98-1170 by Representative George; also Senator Chlouber--Concerning qualifying shooting ranges.

Laid over until February 17, retaining place on Calendar.

HB98-1251 by Representative Snyder; also Senator Wattenberg--Concerning the custody of county funds, and, in connection therewith, specifying the county treasurer's authority as custodian of county funds and moneys and limiting the board of county commissioners' authority to appoint one or more custodians of county funds.

Laid over until February 19, retaining place on Calendar.

_______________

House in recess. House reconvened.

_______________

HB98-1253 by Representative Adkins; also Senator Schroeder--Concerning the payment of claims against any county.

Amendment No. 1, Local Government Report, dated February 2, 1998, and placed in member's bill file; Report also printed in House Journal, February 3, page 343.

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

HB98-1140 by Representatives C. Berry and Dyer; also Senator Norton--Concerning the reestablishment of an exclusive schedule for permanent partial disability, and, in connection therewith, increasing the amount of benefits received under the schedule and limiting benefits for mental stress.

Amendment No. 1, Business Affairs and Labor Report, dated February 3, 1998, and placed in member's bill file; Report also printed in House Journal, February 4, pages 349-350.

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

HB98-1154 by Representatives T. Williams, Agler, Dean, S. Johnson, McPherson, Pfiffner, Sinclair, Taylor, and Tucker; also Senator Schroeder--Concerning requirements related to the payment of unemployment insurance benefits.

Amendment No. 1, Business Affairs and Labor Report, dated February 3, 1998, and placed in member's bill file; Report also printed in House Journal, February 4, pages 350-351.

Amendment No. 2, by Representative Spradley.

Amend printed bill, page 3, line 6, strike "STRIKE OR LABOR DISPUTE," and substitute "STRIKE,";

line 7, strike "LABOR DISPUTE," and substitute "STRIKE,".

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

HB98-1235 by Representative Bacon; also Senator Chlouber--Concerning the regulation of industrial banks, and, in connection therewith, repealing references to the industrial bank guarantee fund and providing for parity between state and industrial banks.

Amendment No. 1, Business Affairs and Labor Report, dated February 3, 1998, and placed in member's bill file; Report also printed in House Journal, February 4, pages 351-352.

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

HB98-1019 by Representative Morrison; also Senator Reeves--Concerning the terms of mandatory health care coverage provisions for newborn children and maternity, and, in connection therewith, requiring that such coverages include a minimum length of a hospital stay after childbirth.

Amendment No. 1, Health, Environment, Welfare and Institutions Report, dated February 2, 1998, and placed in member's bill file; Report also printed in House Journal, February 4, pages 367-368.

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

HB98-1226 by Representative Adkins--Concerning limitations on the provision of health education.

Laid over until February 19, retaining place on Calendar.

HB98-1229 by Representatives Chavez and Romero; also Senator Wham--Concerning extension of the program to provide home- and community-based services for persons with major mental illnesses.

Amendment No. 1, Health, Environment, Welfare and Institutions Report, dated February 4, 1998, and placed in member's bill file; Report also printed in House Journal, February 5, pages 387-388.

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

HB98-1245 by Representatives Morrison, Dean, Epps, Faatz, Keller, and Lawrence--Concerning the authority of pharmacists to dispense prescriptions received via facsimile transmission for schedule II controlled substances.

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

HB98-1207 by Representatives Lawrence, Allen, Gotlieb, June, Kaufman, Swenson, Tool, and S. Williams; also Senator Mutzebaugh--Concerning the transportation of prisoners through the state.

Amendment No. 1, Judiciary Report, dated February 3, 1998, and placed in member's bill file; Report also printed in House Journal, February 5, page 388.

Amendment No. 2, by Representative Lawrence.

Amend printed bill, page 3, line 11, strike the second "SUBSECTION" and substitute "SUBSECTIONS (2) OR".

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

HB98-1215 by Representative Nichol; also Senator B. Alexander--Concerning civil penalties for violations of the disclosure requirements for making loans secured by a mortgage or deed of trust.

Amendment No. 1, Judiciary Report, dated February 3, 1998, and placed in member's bill file; Report also printed in House Journal, February 5, pages 388-389.

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

HB98-1224 by Representative Lawrence; also Senator Arnold--Con-cerning bail recovery, and, in connection therewith, pro-hibiting a person from engaging in bail recovery activities unless such person is licensed as a bail bonding agent and modifying bail bonding agent prelicensure education requirements to include training in bail recovery practices.

Amendment No. 1, Judiciary Report, dated February 3, 1998, and placed in member's bill file; Report also printed in House Journal, February 5, pages 389-390.

Amendment No. 2, by Representative Dean.

Amend the Judiciary Committee Report, dated February 3, 1998, page 2, line 20, strike "12­7­105.5."." and substitute "12­7­105.5.";

SECTION 5.  20­1­103, Colorado Revised Statutes, is amended to read:

20­1­103. Collect forfeited recognizances. It is the exclusive duty of the district attorney to collect PROVIDE FOR THE COLLECTION OF forfeited recognizances and turn the money so collected into the registry of the court declaring the forfeiture. IN FULFILLING SUCH DUTY, THE DISTRICT ATTORNEY MAY CONTRACT WITH ANY PERSON OR ENTITY AND PROVIDE FOR PAYMENT OF ANY FEES AND COSTS FOR THE SERVICES OF SUCH PERSON OR ENTITY OUT OF SUCH MONEYS COLLECTED.".";

line 24, strike "6." and substitute "7.".

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

HB98-1007 by Representatives Spradley and Taylor; also Senator Wattenberg--Concerning continuation of the public util-ities commission in the department of regulatory agencies.

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

HB98-1018 by Representative Takis; also Senator Schroeder--Con-cerning continuation of the state board of examiners of architects.

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

HB98-1028 by Representative Young; also Senator Bishop--Con-cerning continuation of the function of licensing of bingo and other games of chance through the secretary of state.

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

HB98-1144 by Representative Sullivant; also Senator Bishop--Concerning the securing of aggregate materials during transport by motor vehicle.

Referred to the Committee on Appropriations.

HB98-1178 by Representative Snyder; also Senator Bishop--Con-cerning the use of inmate labor at nonstate-owned facilities.

Amendment No. 1, Judiciary Report, dated January 27, 1998, and placed in member's bill file; Report also printed in House Journal, January 28, page 265.

Amendment No. 2, by Representative Snyder.

Amend the Judiciary Committee Report, dated January 27, 1998, strike lines 1 through 4, and substitute the following:

"Amend printed bill, page 2, line 14, strike "16-11-308 (2)," and substitute "16-11-308.5 (2),".

Amendment No. 3, by Representative Snyder.

Amend printed bill, page 2, line 24, after "(3)", insert "(a)".

Page 3, line 1, strike "(a)" and substitute "(I)";

line 5, strike "(b)" and substitute "(II)";

line 8, strike "(c)" and substitute "(III)";

line 11, strike "(d)" and substitute "(IV)";

line 15, strike "(e)" and substitute "(V)";

line 22, strike "(f)" and substitute "(VI)";

line 24, strike "(g)" and substitute "(VII)".

Page 4, line 2, strike "(h)" and substitute "(VIII)";

after line 4, insert the following:

"(b) THE RULES PROMULGATED PURSUANT TO THIS SUBSECTION (3) SHALL BE SUBSTANTIALLY SIMILAR TO THE RULES GOVERNING PROGRAMS AT FACILITIES OPERATED BY THE DEPARTMENT.".

Amendment No. 4, by Representatives Pfiffner and Snyder.

Amend printed bill, page 4, strike lines 5 through 15, and substitute the following:

"(4) (a)  EACH NONSTATE­OWNED PRISON FACILITY OPERATING AN INMATE LABOR PROGRAM SHALL HOLD WAGES EARNED BY A STATE PRISONER IN TRUST FOR THE PRISONER IN A REVENUE­PRODUCING ACCOUNT UNTIL THE PRISONER IS PAROLED OR DISCHARGED FROM CUSTODY. OUT OF THE WAGES HELD IN TRUST FOR A STATE PRISONER PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH (a), THE NONSTATE­OWNED PRISON FACILITY SHALL MAKE DISBURSEMENTS PURSUANT TO THE PROVISIONS OF SECTION 17­24­122 (4) AND (5). SECTION 17­24­122 (6) SHALL ALSO APPLY TO ANY WAGES HELD IN TRUST FOR A STATE PRISONER PURSUANT TO THIS PARAGRAPH (a).

(b)  EACH NONSTATE­OWNED PRISON FACILITY OPERATING AN INMATE LABOR PROGRAM SHALL HOLD AND DISTRIBUTE WAGES EARNED BY AN INMATE FROM A STATE OTHER THAN COLORADO PURSUANT TO THE STATUTES AND RULES OF THAT STATE OR THE CONTRACT BETWEEN THAT STATE AND THE PRISON FACILITY.".

Amendment No. 5, by Representative Young.

Amend printed bill, page 3, strike lines 15 and 16 and substitute the following:

"(e)  REQUIRING";

line 17, strike "DIVISION AND";

line 20, strike "INTEREST UNLESS" and substitute "INTEREST;";

strike line 21.

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

HB98-1331 by Representatives George, Grampsas, Dyer, McElhany, Owen, and Romero; also Senators Wham, Lacy, Ament, Blickensderfer, J. Johnson, and Rizzuto--Concerning limited authority for the controller to allow expenditures in excess of appropriations for the purpose of addressing unforeseen circumstances arising when the general assembly is not meeting in session.

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

HB98-1033 by Representative Miller; also Senator Chlouber--Concerning the category classification of certain counties for the purposes of increasing county officers' salaries.

Amendment No. 1, Local Government Report, dated February 4, 1998, and placed in member's bill file; Report also printed in House Journal, February 6, pages 394-395.

Amendment No. 2, by Representative Sullivant.

Amend printed bill, page 1, line 12, after "CHAFFEE," insert "CLEAR CREEK,".

Page 2, line 4, strike "Clear Creek," and substitute "Clear Creek,".

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

HB98-1317 by Representatives Spradley, Arrington, Lawrence and Swenson; also Senator Ament--Concerning the apportion-ment by a county assessor of the value of a mobile home that is moved after the assessment date for property tax purposes.

Amendment No. 1, Local Government Report, dated February 4, 1998, and placed in member's bill file; Report also printed in House Journal, February 6, pages 395-396.

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

HB98-1204 by Representatives Entz, George, and Salaz; also Senators Dennis, Bishop, Chlouber, Congrove, Rizzuto, and Wattenberg--Concerning the administration of state nursing homes, and, in connection therewith, repealing and reenacting statutes relating to the management, control, supervision, and authority to establish state nursing homes and state veterans nursing homes.

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, page 396.

Amendment No. 2, by Representative Entz.

Amend printed bill, page 18, strike lines 1 through 3.

Renumber succeeding subsection accordingly.

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

HB98-1273 by Representative K. Alexander; also Senator Congrove--Concerning school bus operation procedures to protect the safety of passengers.

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

HB98-1304 by Representatives Pankey, Young, June, Nichol, Paschall, Swenson, and Taylor; also Senator Mutzebaugh--Con-cerning the funding of transportation system projects in Colorado, and, in connection therewith, providing for the private investment in such transportation system projects.

Amendment No. 1, Transportation and Energy Report, dated February 4, 1998, and placed in member's bill file; Report also printed in House Journal, February 6, pages 401-402.

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

HCR98-1005 by Representatives Pankey, Allen, Arrington, June, Kauf-man, Romero, and Swenson; also Senator Mutzebaugh--Submitting to the registered electors of the state of Colorado an amendment to article XI of the constitution of the state of Colorado, concerning the pledging of certain state-owned real property for the financing of transporta-tion system projects through public-private partnerships.

Amendment No. 1, Transportation and Energy Report, dated February 4, 1998, and placed in member's bill file; Report also printed in House Journal, February 6, pages 402-403.

Amendment No. 2, by Representative Gordon.

Amend printed concurrent resolution, page 2, line 8, after "projects.", insert "(a)";

before line 15, insert the following:

"(b)  TRANSPORTATION SYSTEM PROJECTS INCLUDE HIGHWAYS AND ALTERNATIVE FORMS OF TRANSPORTATION.".

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

HB98-1012 by Representative Reeser; also Senator Chlouber--Concerning continuation of the regulation of electricians by the division of registrations.

Laid over until February 17, retaining place on Calendar.

HB98-1014 by Representative Reeser; also Senator Wattenberg--Concerning continuation of the examining board of plumbers.

Amendment No. 1, Business Affairs and Labor Report, dated February 5, 1998, and placed in member's bill file; Report also printed in House Journal, February 9, page 406.

Amendment No. 2, by Representatives Reeser and Spradley.

Amend the Business Affairs and Labor Committee Report, dated February 5, 1998, after line 1, insert the following:

"Page 2, strike lines 3 through 10 and substitute the following:

"SECTION 3.  24­34­104 (32.5), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

24­34­104.  General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (32.5)  The following agencies, functions, or both, shall terminate on July 1, 2003:

(c)  THE EXAMINING BOARD OF PLUMBERS, CREATED BY ARTICLE 58 OF TITLE 12, C.R.S.".".

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

On motion of Representative Anderson, consideration of HCR98-1002, HB98-1005, 1065, 1100, 1152, 1228, 1266 was laid over until February 17, retaining place on Calendar.

HB98-1272 by Representative Kaufman; also Senator Perlmutter--Concerning domestic violence.

Referred to the Committee on Appropriations.

HB98-1283 by Representatives Udall and Lawrence; also Senator Dennis--Concerning an exception to the definition of a "spurious lien" for liens imposed by a home rule municipality.

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

HB98-1159 by Representatives T. Williams, McPherson, Agler, Gotlieb, S. Johnson, Pfiffner, Salaz, Sinclair, and Tucker; also Senator Rizzuto--Concerning approval of workers' compensation claim settlement agreements.

Amendment No. 1, by Representative T. Williams.

Strike the Business Affairs and Labor Committee Report, dated February 10, 1998, and substitute the following:

"Amend printed bill, page 2, strike lines 2 through 10, and substitute the following:

"(2)  Such a settlement shall be in writing and shall be signed by a representative of the employer or insurer and signed and sworn to by the injured employee. FOR CLAIMS THAT HAVE A SETTLEMENT AMOUNT OF SEVENTY­FIVE THOUSAND DOLLARS OR MORE, SUCH A WRITTEN SETTLEMENT AGREEMENT SHALL CONTAIN A WRITTEN NOTICE TO THE EMPLOYER SPECIFYING THE FOLLOWING INFORMATION:

(a)  IF THE EMPLOYER BELIEVES THAT THE COST OF SUCH CLAIM ERRONEOUSLY AFFECTS THE EXPERIENCE MODIFICATION FACTORS AND CLASSIFICATION ASSIGNMENT DECISIONS RELATING TO SUCH EMPLOYER UNDER THE WORKERS' COMPENSATION LAWS OF THIS STATE, SUCH EMPLOYER MAY FILE AN APPEAL WITH THE WORKERS' COMPENSATION CLASSIFICATION APPEALS BOARD PURSUANT TO ARTICLE 55 OF THIS TITLE;

(b)  ANY SUCH APPEAL MUST BE FILED WITHIN THIRTY DAYS AFTER THE EMPLOYER HAS EXHAUSTED ALL APPEAL REVIEW PROCEDURES PROVIDED BY THE INSURANCE COMPANY OR THE COLORADO COMPENSATION INSURANCE AUTHORITY, AS THE CASE MAY BE; AND

(c)  AN EMPLOYER MAY APPEAL ANY DECISION OF THE WORKERS' COMPENSATION CLASSIFICATION APPEALS BOARD TO THE OFFICE OF THE COMMISSIONER OF INSURANCE WITHIN THIRTY DAYS AFTER THE DECISION OF THE WORKERS' COMPENSATION CLASSIFICATION APPEALS BOARD.".".

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

HB98-1199 by Representative Schauer; also Senator Schroeder--Con-cerning adherence to the exemptions from overtime recog-nized by the federal "Fair Labor Standards Act of 1938" in determining requirements for overtime in Colorado.

Amendment No. 1, Business Affairs and Labor Report, dated February 10, 1998, and placed in member's bill file; Report also printed in House Journal, February 11, pages 454-455.

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

HB98-1244 by Representatives McPherson and Schauer; also Senator Matsunaka--Concerning regulation under the "Colorado Securities Act" of persons offering investment advisory services.

Amendment No. 1, Business Affairs and Labor Report, dated February 10, 1998, and placed in member's bill file; Report also printed in House Journal, February 11, page 455.

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

HB98-1259 by Representative Tate; also Senators Chlouber and Tanner--Concerning alternative penalties for employers not maintaining required workers' compensation coverage.

Laid over until February 17, retaining place on Calendar.

HB98-1297 by Representative Tucker; also Senator Schroeder--Concerning the authority of the commissioner of insurance to impose certain requirements on nonadmitted insurers as a condition of being an approved nonadmitted insurer in this state, and, in connection therewith, adopting standards for the service of process and trust requirements for nonadmitted insurers.

Amendment No. 1, Business Affairs and Labor Report, dated February 10, 1998, and placed in member's bill file; Report also printed in House Journal, February 11, pages 455-456.

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

HB98-1306 by Representative McElhany--Concerning additional criteria for termination of temporary disability workers' compensation benefits.

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

HB98-1365 by Representative Musgrave; also Senator B. Alexander--Concerning the denial of unemployment compensation benefits to certain persons who are addicted to drugs or alcohol.

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

HB98-1089 by Representatives Allen, Dean, Tupa, and T. Williams; also Senators Arnold, B. Alexander, and Matsunaka--Concerning the performance evaluation system for certificated education personnel.

Amendment No. 1, Education Report, dated February 9, 1998, and placed in member's bill file; Report also printed in House Journal, February 11, pages 456-457.

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

HB98-1090 by Representatives Dean and Allen; also Senators Arnold, B. Alexander, and Matsunaka--Concerning teacher dismissal.

Amendment No. 1, Education Report, dated February 9, 1998, and placed in member's bill file; Report also printed in House Journal, February 11, pages 457-459.

Amendment No. 2, by Representative Dean.

Amend the Education Committee Report, dated February 9, 1998, page 3, line 33, strike "(e)" and substitute "(f)".

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

On motion of Representative Anderson, the remainder of the General Orders Calendar (HB98-1021, 1203, 1053, 1209, 1240, 1247, 1296, 1200, HCR98-1004, HB98-1260, 1302, 1312, SB98-19, HB98-1221, 1243, 1361, 1364) was laid over until February 17, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB98-1179 amended, 1362, 1116, 1183 amended, 1164 amended, 1171 amended, 1249 amended, 1261 amended, 1253 amended, 1140 amended, 1154 amended, 1235 amended, 1019 amended, 1229 amended, 1245, 1207 amended, 1215 amended, 1224 amended, 1007, 1018, 1028, 1178 amended, 1331, 1033 amended, 1317 amended, 1204 amended, 1273, 1304 amended, HCR98-1005 amended, HB98-1014 amended, 1283, 1159 amended, 1199 amended, 1244 amended, 1297 amended, 1306, 1365, 1089 amended, 1090 amended.

Laid over until date indicated retaining place on Calendar:

HB98-1021, 1203, 1170, 1053, 1012, HCR98-1002, HB98-1005, 1065, 1100, 1152, 1228, 1266, 1259, 1209, 1240, 1247, 1296, 1200, HCR98­1004, HB98-1260, 1302, 1312, SB98-19, HB98-1221, 1243, 1361, 1364--February 17, 1998.

HB98-1104, 1231, 1251, 1226--February 19, 1998.

Referred to Committee indicated:

HB98-1144, 1272--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 61 NO 0 EXCUSED 4 ABSENT 0

Adkins E

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman E

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz E

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate E

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

REPORT OF COMMITTEE OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

HB98-1291 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 1, after line 1, insert the following:

"SECTION 1.  33-1-104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

33­1­104. General duties of commission. (8.5) (a)  ON OR BEFORE DECEMBER 1, 1998, THE COMMISSION SHALL ESTABLISH A LOCAL BIG GAME MANAGEMENT ADVISORY COMMITTEE FOR EACH GEOGRAPHICAL AREA ASSIGNED TO THE AREA WILDLIFE MANAGER. SUCH ADVISORY COMMITTEES SHALL BE COMPRISED OF THE FOLLOWING MEMBERS NOMINATED BY THEIR RESPECTIVE INTERESTS AND APPOINTED BY THE DIRECTOR:

(I)  TWO MEMBERS REPRESENTING AGRICULTURAL LANDOWNERS PROVIDING SIGNIFICANT HABITAT FOR WILDLIFE;

(II)  TWO MEMBERS REPRESENTING SPORTS PERSONS WHO REGULARLY PURCHASE BIG GAME LICENSES;

(III)  TWO MEMBERS REPRESENTING CONSERVATIONISTS; AND

(IV)  TWO MEMBERS REPRESENTING LOCAL BUSINESS OWNERS.

(V)  ONE MEMBER REPRESENTING MUNICIPALITIES.

(VI)  ONE MEMBER REPRESENTING COUNTIES.

(b)  THE APPOINTMENTS TO THE BIG GAME MANAGEMENT ADVISORY COMMITTEES SHALL BE AS FOLLOWS:

(I)  THE INITIAL TERM LENGTH FOR MEMBERS REPRESENTING AGRICULTURAL LANDOWNERS AND CONSERVATIONISTS SHALL BE FOUR YEARS.

(II)  THE INITIAL TERM LENGTH FOR MEMBERS REPRESENTING SPORTS PERSONS AND BUSINESS OWNERS SHALL BE TWO YEARS.

(III)  ALL APPOINTMENTS MADE AFTER THE INITIAL APPOINTMENTS HAVE BEEN MADE AND THE INITIAL TERMS HAVE BEEN SERVED SHALL BE FOR A PERIOD OF FOUR YEARS.

(c)  THE BIG GAME MANAGEMENT ADVISORY COMMITTEES SHALL HAVE THE FOLLOWING POWERS, DUTIES, AND RESPONSIBILITIES:

(I)  TO ADVISE AND MAKE RECOMMENDATIONS TO THE AREA WILDLIFE MANAGER CONCERNING BIG GAME MANAGEMENT;

(II)  TO RESOLVE DISPUTES BETWEEN LANDOWNERS AND THE DIVISION CONCERNING LANDOWNER LICENSE PREFERENCES AND ALLOCATIONS BASED ON LANDOWNER CONTRIBUTIONS TO WILDLIFE;

(III)  TO ACT BY UNANIMOUS VOTE ONLY. WHENEVER A BIG GAME MANAGEMENT ADVISORY COMMITTEE IS UNABLE TO REACH A UNANIMOUS VOTE, THE MATTER VOTED UPON MAY BE REFERRED TO THE COMMISSION FOR ASSISTANCE UPON A CONCURRENCE OF SIX MEMBERS OF SUCH ADVISORY COMMITTEE.

(IV)  TO APPEAL ANY BIG GAME MANAGEMENT DECISION TO THE COMMISSION WHEN SIX MEMBERS OF SUCH ADVISORY COMMITTEE BELIEVE THE AREA WILDLIFE MANAGER IS DISREGARDING SUCH COMMITTEE'S ADVICE OR RECOMMENDATIONS.

(d)  THE BIG GAME MANAGEMENT ADVISORY COMMITTEES SHALL BE FORMED DURING FISCAL YEAR 1999-2000.

(e) (I)  THIS SUBSECTION (8.5) IS REPEALED, EFFECTIVE JULY 1, 2005.

(II)  PRIOR TO SUCH REPEAL, THE BIG GAME MANAGEMENT ADVISORY COMMITTEES CREATED IN THIS SUBSECTION (8.5) SHALL BE REVIEWED AS PROVIDED FOR IN SECTION 2-3-1203, C.R.S.

SECTION 2.   33­1­112.5 (2) (a), Colorado Revised Statutes, is amended to read:

33­1­112.5.  Search and rescue fund ­ transfer of duties. (2) (a) (I) A surcharge of twenty­five cents shall be assessed on each hunting and each fishing license listed in section 33­4­102 (1), (1.4), and (1.5) which is sold by the division or one of its license agents pursuant to section 33­4­101, and on each hiking certificate which THAT is sold by the division pursuant to section 33­4­118 (1).

(II)  A SEARCH AND RESCUE SURCHARGE OF TWENTY­FIVE CENTS SHALL NOT BE ASSESSED ON THE HUNTING AND FISHING LICENSES LISTED IN SECTION 33­4­102 (1), (1.4), AND (1.5), BUT SUCH SURCHARGE SHALL BE COLLECTED FROM THE PURCHASERS OF SUCH LICENSES WHEN THEY PURCHASE A RESCUE AND EDUCATION STAMP REQUIRED PURSUANT TO SECTION 33­4­120. THE RESCUE AND EDUCATION STAMP FEE SHALL INCLUDE THE SEARCH AND RESCUE SURCHARGE.

(III)  ALL receipts and interest from the SEARCH AND RESCUE surcharge PORTION OF THE RESCUE AND EDUCATION STAMP FEE shall be deposited in the search and rescue fund created in subsection (1) of this section.

SECTION 3.   Article 1 of title 33, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

33­1­112.6.  Wildlife management public education cash fund ­ creation. (1) (a)  THERE IS HEREBY CREATED IN THE STATE TREASURY A WILDLIFE MANAGEMENT PUBLIC EDUCATION CASH FUND. MONEYS IN SUCH FUND SHALL CONSIST OF MONEYS COLLECTED FROM SALES OF RESCUE AND EDUCATION STAMPS PURSUANT TO SECTION 33­4­120 AND ANY GIFTS, DONATIONS, AND REIMBURSEMENTS MADE FROM OTHER SOURCES TO THE WILDLIFE MANAGEMENT PUBLIC EDUCATION COUNCIL, CREATED IN SECTION 33­4­121.

(b)  MONEYS IN THE WILDLIFE MANAGEMENT PUBLIC EDUCATION CASH FUND SHALL BE USED BY THE WILDLIFE MANAGEMENT PUBLIC EDUCATION COUNCIL FOR CARRYING OUT ITS DUTIES AS SET FORTH IN SECTION 33­4­121, INCLUDING, BUT NOT LIMITED TO, ADMINISTRATIVE COSTS INCURRED BY THE DIVISION WITH RESPECT TO RESCUE AND EDUCATION STAMPS AND THE REASONABLE AND NECESSARY EXPENSES INCURRED BY COUNCIL MEMBERS IN FULFILLING THEIR DUTIES, AS APPROVED BY THE DIRECTOR.

(2)  ALL RECEIPTS AND INTEREST DERIVED FROM THE INVESTMENT OF MONEYS IN THE WILDLIFE MANAGEMENT PUBLIC EDUCATION CASH FUND SHALL BE CREDITED TO SUCH FUND. ANY BALANCE REMAINING IN SUCH FUND AT THE END OF ANY FISCAL YEAR SHALL REVERT TO THE WILDLIFE CASH FUND, CREATED IN SECTION 33­1­112 (1).".

Renumber succeeding sections accordingly.

Page 2, strike line 10, and substitute the following:

"(y)  Rescue and education stamp 2.00 2.00";

strike lines 11 through 24.

Renumber succeeding sections accordingly.

Page 2, line 25, strike "(1) (d)," and substitute "(1) (c), (1) (d), (1) (e),".

Page 3, line 1, strike "A NEW SUBSECTION," and substitute "THE FOLLOWING NEW SUBSECTIONS,";

after line 11, insert the following:

"(c)  Application for a license preference, including authority to transfer the license preference if applicable, is made concurrent with the submittal of an application for the desired license on forms provided by the division.";

after line 13, insert the following:

"(e)  All licenses permitting firearm hunting of the species for which a license preference is requested are limited in TO A SPECIFIC number by commission regulation AND ISSUED BY DRAWING in the area where the land is located.";

strike lines 14 through 15 and substitute the following:

"Landowner license preference may be transferred to any person who is eligible for a big game license.

(2) LANDOWNER PREFERENCES SHALL BE PROVIDED IN TERMS OF THE NUMBER OF APPLICATIONS PER SPECIES PER CALENDAR YEAR EACH LANDOWNER IS PERMITTED TO SUBMIT. EACH LANDOWNER'S PREFERENCE SHALL BE BASED ON CONTRIBUTIONS SUCH LANDOWNER HAS MADE IN SUPPORT OF WILDLIFE. ANY LANDOWNER PREFERENCES OBTAINED BY A LANDOWNER THROUGH A LANDOWNER PREFERENCE DRAWING SHALL BE ISSUED TO SUCH LANDOWNER IN THE FORM OF A VOUCHER THAT IS REDEEMABLE AT ANY LOCAL LICENSING AGENT. SUCH LANDOWNER MAY TRANSFER ANY SUCH VOUCHER TO ANY PERSON HE OR SHE SELECTS, IF SUCH PERSON IS ELIGIBLE FOR A LICENSE. SUCH A VOUCHER MAY ONLY BE TRANSFERRED BY THE LANDOWNER AND SHALL NOT BE TRANSFERRED BY THE TRANSFEREE. Up to AT LEAST fifteen";

strike lines 24 through 26 and substitute the following:

"(3)  THE PERCENTAGE OF DEER, ELK, AND ANTELOPE LICENSES TO BE ALLOCATED TO THE LANDOWNER PREFERENCE PROGRAM SHALL BE DETERMINED AS FOLLOWS:

(a)  WITH RESPECT TO OWNERS OF PROPERTY SITUATED EAST OF INTERSTATE 25, THE PERCENTAGE OF SUCH LICENSES ALLOCATED TO THE PREFERENCE PROGRAM SHALL BE EQUAL TO THE PERCENTAGE OF LAND IN THE MANAGEMENT UNIT THAT IS PRIVATELY HELD, BUT NOT LESS THAN FIFTEEN PERCENT NOR MORE THAN FIFTY PERCENT OF SUCH LICENSES SHALL BE SO ALLOCATED. SUCH LICENSES SHALL BE VALID ON PRIVATE LAND ONLY.

(b)  WITH RESPECT TO OWNERS OF PROPERTY SITUATED WEST OF INTERSTATE 25:

(I)  THE PERCENTAGE OF SUCH LICENSES ALLOCATED TO THE PREFERENCE PROGRAM SHALL BE EQUAL TO THE PROPORTION OF SUPPORT CONTRIBUTED TO WILDLIFE IN THE MANAGEMENT UNIT IN ANY YEAR BY LANDOWNERS ENROLLED IN THE LANDOWNER PREFERENCE PROGRAM. THE COMMISSION SHALL DETERMINE THE AMOUNT OF SUPPORT CONTRIBUTED BY A LANDOWNER.

(II)  NOT LESS THAN FIFTEEN PERCENT NOR MORE THAN FIFTY PERCENT OF DEER, ELK, AND ANTELOPE LICENSES SHALL BE ALLOCATED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b).

(III)  IF MORE THAN FIFTEEN PERCENT OF DEER, ELK, OR ANTELOPE LICENSES IN ANY MANAGEMENT UNIT ARE ISSUED THROUGH THE LANDOWNER PREFERENCE PROGRAM, THE COMMISSION SHALL DETERMINE WHERE SUCH LICENSES ARE VALID. SUCH LICENSES SHALL BE VALID ONLY ON PRIVATE LAND UNLESS THE COMMISSION DETERMINES THAT PRIVATE PROPERTY OWNERSHIP IN SUCH UNIT IS INTERSPERSED IN SUCH A MANNER THAT LICENSES SHOULD NOT BE RESTRICTED SOLELY TO PRIVATE LAND. NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH (b) TO THE CONTRARY, THE FIRST FIFTEEN PERCENT OF SUCH LICENSES SHALL BE VALID ON ANY PUBLIC OR PRIVATE LAND IN THE MANAGEMENT UNIT THAT IS OPEN TO HUNTING.

(4)  ON OR BEFORE DECEMBER 1, 1998, THE COMMISSION SHALL ISSUE RULES FOR THE ADMINISTRATION OF THIS SECTION. SUCH RULES SHALL INCLUDE AN ADMINISTRATIVE PROCESS FOR THE RECONSIDERATION OF COMMISSION DECISIONS CONCERNING LANDOWNER PREFERENCES, INCLUDING CONTRIBUTION LEVELS, AND SHALL REQUIRE THAT AN APPELLANT'S RECOMMENDATIONS, AND ANY RECOMMENDATIONS OF THE REPRESENTATIVES OF AN APPELLANT'S LOCAL COMMUNITY, BE CONSIDERED IN THE COURSE OF ANY SUCH RECONSIDERATION.

(5)  IF ALL DEER OR ALL ELK LICENSES IN THIS STATE ARE LIMITED AND ISSUED BY DRAWING ONLY, THE COMMISSION SHALL REEVALUATE THE LANDOWNER PREFERENCE PROGRAM WITHIN TWELVE MONTHS AFTER SUCH ACTION LIMITING SUCH LICENSES AND MAY RECOMMEND APPROPRIATE CHANGES TO THE GENERAL ASSEMBLY.

(6)  IF THE COMMISSION PROPOSES TO INCREASE THE NUMBER OF LIMITED UNITS FOR DEER OR ELK, THEY SHALL DEMONSTRATE THAT UTILIZATION OF QUOTAS BY MANAGEMENT UNITS IS NOT FEASIBLE.".

Page 4, strike lines 1 through 5.

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

"SECTION 8.  Article 4 of title 33, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:";

after line 13, insert the following:

"33­4­120.  Rescue and education stamp ­ fee.  EACH PERSON WHO PURCHASES A LICENSE TO HUNT OR FISH PURSUANT TO SECTION 33­4­102 FROM THE DIVISION OR ONE OF ITS LICENSE AGENTS PURSUANT TO SECTION 33­4­101 SHALL PURCHASE ONE RESCUE AND EDUCATION STAMP EACH CALENDAR YEAR FOR TWO DOLLARS. FORTY CENTS FROM THE SALE OF EVERY RESCUE AND EDUCATION STAMP SHALL BE DEPOSITED IN THE SEARCH AND RESCUE FUND CREATED IN SECTION 33­1­112.5. THE DIRECTOR SHALL ALLOCATE THE REMAINING PROCEEDS AMONG THE WILDLIFE CASH FUND CREATED IN SECTION 33­1­112, FOR THE REIMBURSEMENT OF APPROPRIATE ADMINISTRATIVE COSTS RELATED TO THE RESCUE AND EDUCATION STAMP AND THE WILDLIFE MANAGEMENT PUBLIC EDUCATION CASH FUND CREATED IN 33­1­112.6. EACH RESCUE AND EDUCATION STAMP SHALL BE VALID ONLY IN THE YEAR OF PURCHASE.

33­4­121.  Wildlife management public education council ­ creation. (1) (a)  THE DIRECTOR OF THE DIVISION SHALL APPOINT A COMMITTEE OF NINE PERSONS TO ACT AS THE WILDLIFE MANAGEMENT PUBLIC EDUCATION COUNCIL, REFERRED TO IN THIS SECTION AS THE COUNCIL. THE COUNCIL SHALL HAVE STATEWIDE RESPONSIBILITY AND AUTHORITY.

(b) (I)  THE COUNCIL SHALL CONSIST OF THE FOLLOWING MEMBERS:

(A)  TWO SPORTS PERSONS WHO PURCHASE BIG GAME LICENSES ON A REGULAR BASIS IN COLORADO;

(B)  TWO SPORTS PERSONS WHO PURCHASE FISHING LICENSES ON A REGULAR BASIS IN COLORADO;

(C)  ONE PERSON REPRESENTING LOCAL COUNTIES IN RURAL AREAS OF COLORADO, THE ECONOMIES OF WHICH HAVE A SUBSTANTIAL INCOME FROM HUNTING OR FISHING RECREATION;

(D)   ONE PERSON REPRESENTING MUNICIPALITIES IN RURAL AREAS OF COLORADO, THE ECONOMIES OF WHICH HAVE A SUBSTANTIAL INCOME FROM HUNTING OR FISHING RECREATION;

(E)   ONE PERSON REPRESENTING THE DIVISION OF WILDLIFE;

(F)   ONE PERSON, WHO SHALL NOT BE AN EMPLOYEE OF THE DIVISION, WITH A SUBSTANTIAL BACKGROUND IN MEDIA AND MARKETING OPERATIONS; AND

(G)  ONE PERSON REPRESENTING THE AGRICULTURAL COMMUNITY.

(II) THE COUNCIL MEMBERS APPOINTED PURSUANT TO SUB­SUBPARAGRAPHS (A) AND (B) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) SHALL HAVE BEEN NOMINATED BY ORGANIZED SPORTS PERSON GROUPS WITH STATEWIDE MEMBERSHIP. THE COUNCIL MEMBERS APPOINTED PURSUANT TO SUB­SUBPARAGRAPHS (C) AND (D) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) SHALL HAVE BEEN NOMINATED BY ORGANIZATIONS THAT REPRESENT THE INTERESTS OF SUCH COUNTIES AND MUNICIPALITIES.

(III)  ALL MEMBERS OF THE COUNCIL SHALL BE RESIDENTS OF THE STATE OF COLORADO.

(c)  EXCEPT AS OTHERWISE PROVIDED, THERE SHALL BE NO LIMIT ON THE NUMBER OF TERMS A MEMBER MAY SERVE. THE APPOINTMENTS TO THE COUNCIL SHALL BE AS FOLLOWS:

(I)  THE INITIAL TERMS OF THE FOUR MEMBERS REPRESENTING SPORTS PERSONS WHO HUNT AND FISH SHALL BE TWO YEARS FOR ONE MEMBER OF EACH SUCH GROUP AND FOUR YEARS FOR THE OTHER MEMBER OF SUCH GROUP.

(II)  THE INITIAL TERM LENGTH FOR THE MEMBER REPRESENTING THE DIVISION SHALL BE AT THE DISCRETION OF THE DIRECTOR OF THE DIVISION.

(III)  THE INITIAL TERM LENGTH FOR THE MEMBER REPRESENTING COUNTIES AND FOR THE MEMBER REPRESENTING THE AGRICULTURAL COMMUNITY SHALL BE FOUR YEARS.

(IV)  THE INITIAL TERM LENGTH FOR THE MEMBER REPRESENTING MUNICIPALITIES AND FOR THE MEMBER WITH SUBSTANTIAL EXPERIENCE IN MEDIA AND MARKETING OPERATIONS SHALL BE TWO YEARS.

(V) AFTER THE INITIAL APPOINTMENTS, ALL SUBSEQUENT APPOINTMENTS SHALL BE FOR FOUR YEARS.

(d)  THE COUNCIL SHALL PERFORM THE FOLLOWING DUTIES:

(I)  OVERSEE THE DESIGN AND IMPLEMENTATION OF A COMPREHENSIVE MEDIA­BASED PUBLIC INFORMATION PROGRAM TO EDUCATE THE GENERAL PUBLIC ABOUT THE BENEFITS OF WILDLIFE, WILDLIFE MANAGEMENT, AND WILDLIFE­RELATED RECREATIONAL OPPORTUNITIES IN COLORADO, SPECIFICALLY HUNTING AND FISHING;

(II)  PREPARE, FOR THE DIRECTOR'S APPROVAL, AN OPERATIONAL PLAN FOR THE FOLLOWING FISCAL YEAR;

(III)   THE COUNCIL SHALL BE AUTHORIZED TO EXPEND MONEYS FROM THE WILDLIFE MANAGEMENT PUBLIC EDUCATION FUND IN ACCORDANCE WITH THE OPERATIONAL PLAN APPROVED BY THE DIRECTOR; EXCEPT THAT ALL SUCH EXPENDITURES SHALL BE CERTIFIED AS WITHIN THE SCOPE OF THE ACTIVITIES AND FUNDING LEVELS AUTHORIZED IN SUCH OPERATIONAL PLAN BEFORE ANY SUCH EXPENDITURE MAY BE AUTHORIZED.

(IV)  PREPARE AN ANNUAL REPORT DESCRIBING THE EXPENDITURES AND ACCOMPLISHMENTS OF THE WILDLIFE MANAGEMENT PUBLIC EDUCATION COUNCIL DURING THE PRECEDING FISCAL YEAR, FOR SUBMISSION TO THE DIRECTOR OF THE DIVISION NO LATER THAN AUGUST 15 OF EACH YEAR.

(2)  NOTHING IN THIS SECTION IS INTENDED TO BE CONSTRUED AS A MECHANISM TO SUBSTITUTE FUNDING THAT WOULD OTHERWISE BE AVAILABLE FOR EXPENDITURE BY THE DIVISION OR TO REPLACE OR REDUCE THE OBLIGATION OF THE DIVISION TO CARRY OUT PUBLIC INFORMATION PROGRAMS UNDER THIS TITLE.

(3) (a)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2005.

(b)  PRIOR TO SAID REPEAL, THE COUNCIL CREATED IN THIS SECTION SHALL BE REVIEWED AS PROVIDED FOR IN SECTION 2­3­1203, C.R.S.

SECTION 9.  2­3­1203 (3) (r), Colorado Revised Statutes, is amended to read:

2­3­1203.  Sunset review of advisory committees. (3)  The following dates are the dates for which the statutory authorization for the designated advisory committees is scheduled for repeal:

(r)  July 1, 2005:

(I)  The advisory committee on hearing in newborn infants in the department of public health and environment established in section 25­4­1004.7 (2), C.R.S.;

(II)  THE WILDLIFE MANAGEMENT PUBLIC EDUCATION COUNCIL, CREATED IN SECTION 33­4­121, C.R.S.

SECTION 10.  Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the wildlife cash fund not otherwise appropriated, to the department of natural resources, for allocation to the division of wildlife, for the fiscal year beginning July 1, 1998, the sum of sixty-six thousand five hundred dollars ($66,500), or so much thereof as may be necessary, for the implementation of this act.

SECTION 11.  2-3-1203 (3) (r), Colorado Revised Statutes, is amended to read:

2­3­1203.  Sunset review of advisory committees. (3)  The following dates are the dates for which the statutory authorization for the designated advisory committees is scheduled for repeal:

(r)  July 1, 2005:

(I)  The advisory committee on hearing in newborn infants in the department of public health and environment established in section 25­4­1004.7 (2), C.R.S.;

(II)  THE BIG GAME MANAGEMENT ADVISORY COMMITTEE, CREATED IN SECTION 33-1-104 (8.5), C.R.S.".

Renumber succeeding sections accordingly.

Page 6, line 15, strike "section 1" and substitute "section 4".

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

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB98-016;

SB98- 008, amended as printed in Senate Journal, February 13, page 229;

SB98- 037, amended as printed in Senate Journal, February 13, page 229;

SB98- 045, amended as printed in Senate Journal, February 13, page 230;

SB98- 046, amended as printed in Senate Journal, February 13, page 230;

SB98- 073, amended as printed in Senate Journal, February 9, page 195 and February 13, pages 229-230;

SB98- 104, amended as printed in Senate Journal, February 13, page 230;

SB98- 107, amended as printed in Senate Journal, February 13, page 228;

SB98- 118, amended as printed in Senate Journal, February 13, page 231;

SB98- 119, amended as printed in Senate Journal, February 13, page 231;

SB98- 147, amended as printed in Senate Journal, February 13, pages 231-232;

HB98- 1031, amended as printed in Senate Journal, February 13, pages 230-231.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB98-016; and, without comment, as amended, SB98-008, 037, 045, 046, 073, 104, 107, 118, 119, 147, and HB98-1031.

______________

INTRODUCTION OF BILLS

First Reading

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

HB98-1372 by Representative Swenson; also Senator Norton--Concerning requiring certificates of review in professional negligence actions to include the defendant's employer.

Committee on Judiciary.

HB98-1373 by Representatives Hefley, Agler, Allen, Arrington, Dean, Epps, Musgrave, Sinclair, and Tool--Concerning a state income tax credit for the expenses of an employer incurred in providing English language training for the employer's employees.

Committee on Finance.

HB98-1374 by Representatives Tucker, Adkins, Kreutz, and McPherson; also Senator Wells--Concerning strengthening of the statutory provisions concerning post-release supervision of offenders.

Committee on Judiciary.

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

Committee on Judiciary.

SB98-037 by Senator Lacy; also Representative Tool--Concerning disciplinary procedures applicable to the alleged sale of alcohol beverages to a person under twenty-one years of age who is acting at the direction of an employee of a law enforcement agency.

Committee on Business Affairs and Labor.

SB98-045 by Senator J. Johnson; also Representative George--Concerning an increase in compensation for public trustees, and, in connection therewith, increasing public trustees' salaries.

Committee on Local Government.

SB98-046 by Senator Arnold; also Representative Reeser--Concerning an exemption from emission inspection requirements for the sale of a motor vehicle if sufficient notice is provided to the purchaser.

Committee on Transportation and Energy.

SB98-104 by Senator Reeves; also Representative K. Alexander--Concerning a requirement that managed care plans provide patients with direct access to the services of a certified nurse midwife.

Committee on Health, Environment, Welfare and Institutions.

SB98-107 by Senator Matsunaka; also Representative Entz--Concerning expeditious access to medical treatment for persons who are covered by insurance.

Committee on Business Affairs and Labor.

SB98-118 by Senator Powers; also Representative Paschall--Concerning clarifying that persons whose business consists primarily of renting motor vehicles for transportation purposes need not be licensed under statutes governing licensure of persons transacting insurance business.

Committee on Transportation and Energy.

SB98-119 by Senator Alexander; also Representative Dean--Concerning the extension of state employee benefit coverage to noncompensated state elected officials.

Committee on State, Veterans, and Military Affairs.

SB98-147 by Senator Powers; also Representative McElhany--Concerning the establishment of a process that a builder and homeowner follow before the homeowner files a civil action against the builder to recover for damages to the homeowner's residence.

Committee on Business Affairs and Labor.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until February 17, retaining place on Calendar:

Consideration of Resolutions--HJR98-1010, 1004.

Consideration of Senate Amendments--HB98-1043.

_______________

On motion of Representative Anderson, the House adjourned until 9:00 a.m., February 17, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk