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

Fifty-first Legislative Day Thursday, February 26, 1998

Prayer by Rabbi Yakov Chaitovsky, BMH-BJ Congregation, Denver.

The Speaker called the House to order at 9:00 a.m.

The roll was called with the following result:

Present--64.

Absent and excused--Representative Kaufman--1.

The Speaker declared a quorum present.

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On motion of Representative Miller, the reading of the journal of February 25, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

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REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

SB98-103, 153 be referred to the Committee of the Whole with favorable recommendation.

SJR98-3, 4 be referred out for final action.



EDUCATION

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

HB98-1371 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

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

"SECTION 1. 22­33­106 (1) (d), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

22­33­106. Grounds for suspension, expulsion, and denial of admission. (1)  The following shall be grounds for suspension or expulsion of a child from a public school during a school year:

(d) (III)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (d), CARRYING, BRINGING, OR POSSESSING A DANGEROUS WEAPON WITHOUT THE AUTHORIZATION OF THE SCHOOL OR THE SCHOOL DISTRICT SHALL NOT REQUIRE MANDATORY EXPULSION IF, WHEN THE STUDENT DISCOVERS THAT HE OR SHE HAS CARRIED, BROUGHT, OR IS IN POSSESSION OF A DANGEROUS WEAPON, THE STUDENT IMMEDIATELY NOTIFIES A TEACHER, ADMINISTRATOR, OR OTHER AUTHORIZED PERSON IN THE SCHOOL DISTRICT AND DELIVERS THE DANGEROUS WEAPON TO THE TEACHER, ADMINISTRATOR, OR OTHER AUTHORIZED PERSON. NOTHING IN THIS SUBPARAGRAPH (III) SHALL BE CONSTRUED AS PROHIBITING A SCHOOL DISTRICT FROM EXPELLING A STUDENT UNDER THE CIRCUMSTANCES SPECIFIED IN THIS SUBPARAGRAPH (III) IF SUCH EXPULSION WOULD BE IN ACCORDANCE WITH THE SCHOOL DISTRICT'S DISCIPLINE CODE.

SECTION 2. 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.".



JUDICIARY

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

HB98-1148 be postponed indefinitely.

SB98-66 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, strike lines 12 through 14, and substitute the following:

"ACCOMMODATIONS, IF ANY, CONSISTENT WITH FEDERAL AND STATE LAW, THAT THE COURT SHALL MAKE AVAILABLE TO PERMIT THE PERSON TO PERFORM THE DUTIES OF A JUROR.".


SB98-90 be referred to the Committee of the Whole with favorable recommendation.

SB98-114 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 3, line 16, strike the first "ON" and substitute "AN". ______________

PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB98-1379, 1380, and 1381.

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MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB98-002;

SB98- 015, amended as printed in Senate Journal, February 24, page 343;

SB98- 025, amended as printed in Senate Journal, February 24, page 343;

SB98- 050, amended as printed in Senate Journal, February 24, pages 343 and 344;

SB98- 051, amended as printed in Senate Journal, February 24, page 340;

SB98- 052, amended as printed in Senate Journal, February 19, page 282, and February 24, pages 340-341;

SB98- 072, amended as printed in Senate Journal, February 24, pages 341-343, and on Third Reading as printed in Senate Journal, February 25;

SB98- 106, amended as printed in Senate Journal, February 23, page 327, and February 24, pages 344 and 347;

SB98- 171, amended as printed in Senate Journal, February 20, pages 302-307 and 308, and February 24, pages 345-347, and on Third Reading as printed in Senate Journal, February 25;

SB98- 172, amended as printed in Senate Journal, February 24, page 343;

SB98- 174, amended as printed in Senate Journal, February 24, page 341.

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MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB98-002; and, without comment, as amended, SB98-015, 025, 050, 051, 052, 072, 106, 171, 172, and 174.

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INTRODUCTION OF BILLS

First Reading

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

HB98-1379 by Representatives Anderson, McPherson, and Lamborn; also Senator Schroeder--Concerning the recommendations of the legislative council relating to approval of air quality control commission revisions to the air quality state implementation plan.

Committee on Health, Environment, Welfare and Institutions.

HB98-1380 by Representative Grampsas--Concerning pension benefit amounts provided under the "Volunteer Firefighter Pension Act".

Committee on Local Government

HB98-1381 by Representative McPherson--Concerning the restruc-turing of the retail electric market in Colorado.

Committee on Business Affairs and Labor.

SB98-002 by Senators Wham, Ament, and J. Johnson; also Repre-sentatives George, Dyer, and McElhany--Concerning an extension of the annual general fund transfer to the capital construction fund.

Committee on Finance.

SB98-015 by Senators Bishop, Ament, Dennis, et. al.; also Repre-sentatives Entz, Adkins, S. Johnson, Miller, Reeser, Smith, and Young--Concerning the elimination of the yearly limit on the amount of per diems paid to the members of the ground water commission.

Committee on Agriculture, Livestock and Natural Resources.

SB98-025 by Senator Rizzuto; also Representative Owen--Con-cerning the administration of the alcohol and drug driving safety program, and making an appropriation in connection therewith.

Committee on Judiciary.

Committee on Appropriations.

SB98-050 by Senator Hopper; also Representative George--Con-cerning creation of a criminal justice committee, and making an appropriation therefor.

Committee on Judiciary.

Committee on Appropriations.

SB98-051 by Senator Blickensderfer; also Representative McElhany --Concerning mandated insurance coverages for state employees.

Committee on State, Veterans, and Military Affairs.

SB98-052 by Senator Matsunaka; also Representative S. Johnson--Concerning an incentive program for state agencies to reduce costs.

Committee on State, Veterans, and Military Affairs.

SB98-072 by Senator Coffman; also Representative May--Concern-ing requirements relating to anatomical gifts under the "Uniform Anatomical Gift Act", and, in connection there-with, deleting requirements for witnesses to anatomical gift documents and HLA typing information on drivers' licenses and identification cards, clarifying the revoca-bility and irrevocability of such gifts, making the form placed on drivers' licenses and identification cards consistent with such changes, and clarifying provisions relating to the administration of the organ and tissue donation awareness fund.

Committee on Health, Environment, Welfare and Institutions.

SB98-106 by Senator Phillips; also Representative Gotlieb--Concerning prohibition against hazing.

Committee on Education.

SB98-111 by Senator Coffman; also Representative Hefley--Concerning certain governmental entities to which current members of the Colorado general assembly are appointed, and, in connection therewith, authorizing the appointment of former members of the Colorado general assembly to such governmental entities.

Committee on State, Veterans, and Military Affairs.

SB98-136 by Senator Mutzebaugh; also Representative T. Williams --Concerning jury service.

Committee on Judiciary.

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LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until February 27, retaining place on Calendar:

Consideration of Resolutions--HJR98-1010, 1004, 1013.

Consideration of Memorial--HM98-1001.

Consideration of Senate Amendments--HB98-1074, 1078, 1351.

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On motion of Representative Anderson, the House adjourned until 9:00 a.m., February 27, 1998.

Approved:


CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk