Prayer by Father Ed Judy, Samaritan House, Denver.

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

The roll was called with the following result:

Present--62.

Absent and excused--Representative May--1.

Absent--Representatives Grossman, Tupa--2.

Present after roll call--Representatives Grossman, Tupa.

The Speaker declared a quorum present.

_______________

On motion of Representative Miller, the reading of the journal of February 26, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

SB98-78 be referred to the Committee of the Whole with favorable recommendation.

BUSINESS AFFAIRS AND LABOR

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

SB98-107 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

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

"SECTION 1.  Part 1 of article 16 of title 10, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

10-16-122.  Access to prescription drugs. AN ENTITY SUBJECT TO THIS ARTICLE THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND HAS NEGOTIATED THE CONTRACT PRICING AND TERMS FOR THE ADMINISTRATION OF THE PRESCRIPTION DRUG BENEFIT WITH A PHARMACY BENEFIT MANAGEMENT FIRM OR INTERMEDIARY SHALL OFFER TO CONTRACT WITH EACH PHARMACY PROVIDER IN THE SAME GEOGRAPHIC AREA IF SUCH PHARMACY PROVIDER AGREES TO REASONABLE CONTRACT TERMS AND PRICES AS SET BY SUCH ENTITY AND THE PHARMACY BENEFIT MANAGEMENT FIRM OR INTERMEDIARY.

SECTION 2.  Effective date ­ applicability. (1)  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

(2)  The provisions of this act shall apply to all contracts for pricing and terms for the administration of a prescription drug benefit negotiated, renegotiated, or renewed by insurers subject to article 16 of title 10, Colorado Revised Statutes, on or after the effective date of this act.".

SB98-147 be postponed indefinitely.

LOCAL GOVERNMENT

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

SB98-5, 32 be referred to the Committee of the Whole with favorable recommendation.

SB98­55 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 1, strike lines 2 through 5.

Page 2, strike lines 1 through 8.

Renumber succeeding sections accordingly.

Page 2, strike lines 24 and 25 and substitute the following:

"HUNDRED DOLLARS.".

Page 3, strike line 2 and substitute the following:

"THE REMEDIES SET FORTH IN SECTION 30-28-124, OR".

Page 5, after line 22, insert the following:

"SECTION 2.  Part 2 of article 28 of title 30, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

30­28­210.  County court actions for civil penalties and costs for building violations. (1)  IT IS UNLAWFUL TO ERECT, CONSTRUCT, RECONSTRUCT, ALTER, MAINTAIN, OR USE ANY BUILDING, STRUCTURE, OR LAND IN VIOLATION OF THIS PART 2 OR ANY PROVISIONS OF THE AREA BUILDING CODE. IN ADDITION TO ANY PENALTIES IMPOSED PURSUANT TO SECTION 30­28­209, ANY PERSON, FIRM, OR CORPORATION VIOLATING ANY SUCH PROVISION OF THIS PART 2 OR ANY PROVISION OF THE AREA BUILDING CODE MAY BE SUBJECT TO THE IMPOSITION, BY ORDER OF THE COUNTY COURT, OF A CIVIL PENALTY IN AN AMOUNT OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS. IT IS WITHIN THE DISCRETION OF THE COUNTY ATTORNEY TO DETERMINE WHETHER TO PURSUE THE CIVIL PENALTIES SET FORTH IN THIS SECTION, THE REMEDIES SET FORTH IN SECTION 30­28­209, OR BOTH. EACH DAY AFTER THE ISSUANCE OF THE ORDER OF THE COUNTY COURT DURING WHICH SUCH UNLAWFUL ACTIVITY CONTINUES SHALL BE DEEMED A SEPARATE VIOLATION AND SHALL, IN ACCORDANCE WITH THE SUBSEQUENT PROVISIONS OF THIS SECTION, BE THE SUBJECT OF A CONTINUING PENALTY IN AN AMOUNT NOT TO EXCEED FIFTY DOLLARS FOR EACH SUCH DAY.

(2) (a)  IN THE EVENT ANY BUILDING OR STRUCTURE IS ERECTED, CONSTRUCTED, RECONSTRUCTED, ALTERED, MAINTAINED, OR USED IN VIOLATION OF THIS PART 2 OR OF ANY PROVISION OF THE AREA BUILDING CODE, THE COUNTY ATTORNEY OF THE COUNTY IN WHICH SUCH BUILDING OR STRUCTURE IS SITUATED, IN ADDITION TO OTHER REMEDIES PROVIDED BY LAW, MAY COMMENCE A CIVIL ACTION IN COUNTY COURT FOR THE COUNTY IN WHICH SUCH BUILDING OR STRUCTURE IS SITUATED, SEEKING THE IMPOSITION OF A CIVIL PENALTY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.

(b)  A BUILDING INSPECTOR DESIGNATED BY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS SHALL, UPON PERSONAL INFORMATION AND BELIEF THAT A VIOLATION OF THIS PART 2 OR OF ANY PROVISION OF THE AREA BUILDING CODE HAS OCCURRED, GIVE WRITTEN NOTICE TO THE VIOLATOR TO CORRECT SUCH VIOLATION WITHIN THIRTY DAYS AFTER THE DATE OF SUCH NOTICE. IF THE VIOLATOR FAILS TO CORRECT THE VIOLATION WITHIN SUCH THIRTY­DAY PERIOD OR WITHIN ANY EXTENSION PERIOD GRANTED BY THE BUILDING INSPECTOR, THE BUILDING INSPECTOR MAY REQUEST THAT THE SHERIFF OF THE COUNTY OR THE COUNTY ATTORNEY ISSUE A SUMMONS AND COMPLAINT TO THE VIOLATOR, STATING THE NATURE OF THE VIOLATION WITH SUFFICIENT PARTICULARITY TO GIVE NOTICE OF SUCH CHARGE TO THE VIOLATOR.

(c)  ONE COPY OF THE SUMMONS AND COMPLAINT ISSUED PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (2) SHALL BE SERVED UPON THE VIOLATOR IN THE MANNER PROVIDED BY LAW FOR THE SERVICE OF A COUNTY COURT CIVIL SUMMONS AND COMPLAINT IN ACCORDANCE WITH THE COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE. THE SUMMONS AND COMPLAINT SHALL ALSO BE FILED WITH THE CLERK OF THE COUNTY COURT AND THEREAFTER THE ACTION SHALL PROCEED IN ACCORDANCE WITH THE COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE.

(d)  IF THE COUNTY COURT FINDS, BY A PREPONDERANCE OF THE EVIDENCE, THAT A VIOLATION OF THIS PART 2 OR OF ANY PROVISION OF THE AREA BUILDING CODE HAS OCCURRED, THE COURT SHALL ORDER THE VIOLATOR TO PAY A CIVIL PENALTY IN AN AMOUNT ALLOWED PURSUANT TO SUBSECTION (1) OF THIS SECTION. SUCH PENALTY SHALL BE PAYABLE IMMEDIATELY BY THE VIOLATOR TO THE COUNTY TREASURER. IN THE EVENT THAT THE ALLEGED VIOLATION HAS BEEN CURED OR OTHERWISE REMOVED AT LEAST FIVE DAYS PRIOR TO THE APPEARANCE DATE IN THE SUMMONS, THEN THE COUNTY ATTORNEY SHALL SO INFORM THE COURT AND REQUEST THAT THE ACTION BE DISMISSED WITHOUT FINE OR APPEARANCE OF THE DEFENDANT.

(3)  UPON THE FILING WITH THE COURT OF A RECEIPT ISSUED BY THE COUNTY TREASURER SHOWING PAYMENT IN FULL OF A CIVIL PENALTY ASSESSED PURSUANT TO THIS SECTION AND UPON THE FILING OF AN AFFIDAVIT OF THE COUNTY BUILDING INSPECTOR THAT THE VIOLATION HAS BEEN CURED, REMOVED, OR CORRECTED, THE COURT SHALL DISMISS THE ACTION AND ISSUE A SATISFACTION IN FULL OF THE JUDGMENT SO ENTERED.

(4)  IF A RECEIPT SHOWING FULL PAYMENT OF THE CIVIL PENALTY OR THE AFFIDAVIT REQUIRED BY SUBSECTION (3) OF THIS SECTION IS NOT FILED, THE ACTION SHALL CONTINUE AND THE COURT SHALL RETAIN JURISDICTION TO IMPOSE AN ADDITIONAL PENALTY AGAINST THE VIOLATOR IN THE AMOUNT SPECIFIED IN SUBSECTION (1) OF THIS SECTION. SUCH ADDITIONAL PENALTY SHALL BE IMPOSED BY THE COURT UPON MOTION FILED BY THE COUNTY AND PROOF THAT THE VIOLATION HAS NOT BEEN CURED, REMOVED, OR CORRECTED. THEREAFTER, THE ACTION SHALL CONTINUE UNTIL THE FILING WITH THE COURT OF A RECEIPT ISSUED BY THE COUNTY TREASURER SHOWING PAYMENT IN FULL OF THE CIVIL PENALTY AND ANY ADDITIONAL PENALTIES SO ASSESSED AND THE FILING OF AN AFFIDAVIT OF THE COUNTY BUILDING INSPECTOR THAT THE VIOLATION HAS BEEN CURED, REMOVED, OR CORRECTED.".

Renumber succeeding sections accordingly.

TRANSPORTATION AND ENERGY

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

HB98-1123 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, line 6, strike "director" and substitute "director, INCLUDING LICENSING,".

Page 2, line 14, strike "REVENUE" and substitute "REVENUE, INCLUDING LICENSING,".

HB98-1128 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 4, line 24, strike "A MOTOR";

strike line 25;

strike line 26 and substitute "ANY AUCTIONING OF MOTOR VEHICLES BY AN".

Page 6, strike lines 9 and 10, and substitute the following:

"SECTION 4.  12­6­104 (2), (3) (e) (I), (3) (f), (3) (j) (II), (3) (j)";

strike lines 22 through 26.

Page 7, strike lines 1 and 2;

line 6, strike "AND CONDUCT FACT­FINDING HEARINGS";

strike lines 9 through 16.

Page 8, line 5, after the period, add "WHEN A LETTER OF REPRIMAND IS SENT TO A LICENSEE OF THE BOARD, SUCH LICENSEE SHALL BE NOTIFIED IN WRITING REGARDING THE RIGHT TO REQUEST IN WRITING, WITHIN TWENTY DAYS AFTER RECEIPT OF SUCH LETTER, THAT FORMAL DISCIPLINARY PROCEEDINGS BE INITIATED AGAINST SUCH LICENSEE TO ADJUDICATE THE PROPRIETY OF THE CONDUCT UPON WHICH THE LETTER OF REPRIMAND IS BASED. IF A REQUEST IS MADE WITHIN SUCH TIME PERIOD, THE LETTER OF REPRIMAND IS DEEMED VACATED AND THE MATTER SHALL BE PROCESSED BY MEANS OF FORMAL DISCIPLINARY PROCEEDINGS.".

Page 9, strike lines 1 through 10.

Page 11, after line 24, insert the following:

"(o) (I)  TO IMPOSE A FINE OF UP TO ONE THOUSAND DOLLARS PER DAY PER VIOLATION FOR ANY PERSON FOUND, AFTER NOTICE AND HEARING PURSUANT TO SECTION 24­4­105, C.R.S., TO HAVE VIOLATED THE PROVISIONS OF SECTION 12­6­120 (2). FOR THE PURPOSES OF THIS PARAGRAPH (o), THE ADDRESS FOR THE NOTICE TO BE GIVEN UNDER SECTION 24­4­105, C.R.S., IS THE LAST­KNOWN ADDRESS FOR THE PERSON AS INDICATED IN THE STATE MOTOR VEHICLE RECORDS; THE LAST­KNOWN ADDRESS FOR THE OWNER OF THE REAL PROPERTY UPON WHICH MOTOR VEHICLES ARE DISPLAYED IN VIOLATION OF SECTION 12­6­120 (2) AS INDICATED IN THE RECORDS OF THE COUNTY ASSESSOR'S OFFICE; OR AN ADDRESS FOR SERVICE OF PROCESS IN ACCORDANCE WITH RULE 4 OF THE COLORADO RULES OF CIVIL PROCEDURE.

(II)  ANY PERSON WHO FAILS TO PAY A FINE ORDERED BY THE BOARD FOR A VIOLATION OF SECTION 12­6­102 (2) UNDER THIS PARAGRAPH (o) SHALL BE SUBJECT TO ENFORCEMENT PROCEEDINGS, BY THE BOARD THROUGH THE ATTORNEY GENERAL, IN THE COUNTY OR DISTRICT COURT PURSUANT TO THE COLORADO RULES OF CIVIL PROCEDURE. ANY FINES COLLECTED UNDER THE PROVISIONS OF THIS PARAGRAPH (o) SHALL BE DISPOSED OF PURSUANT TO SECTION 12­6­123.".

Page 12, strike line 8 and substitute "after consultation with APPROVAL OF the board, an executive secretary for the board.";

line 9, strike "WHO SHALL BE EXPERIENCED IN THE INTERPRETATION,";

strike lines 10 through 13 and substitute "THE EXECUTIVE SECRETARY SHALL BE ACCOUNTABLE TO THE BOARD AND SHALL, PURSUANT TO DELEGATION BY THE".

Page 13, strike lines 14 through 17.

Renumber succeeding sections accordingly.

Page 16, line 1, strike "amended" and substitute "amended, and the said 12­6­112.2 is further amended BY THE ADDITION OF A NEW SUBSECTION,";

after line 11, insert the following:

"(3)  NO CORPORATE SURETY SHALL BE REQUIRED TO MAKE ANY PAYMENT TO ANY PERSON CLAIMING UNDER SUCH BOND UNTIL A FINAL DETERMINATION OF FRAUD OR FRAUDULENT REPRESENTATION HAS BEEN MADE BY THE BOARD OR BY A COURT OF COMPETENT JURISDICTION.".

Page 17, strike lines 1 through 23 and substitute the following:

"SECTION 12.  12­6­118 (6), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

12­6­118.  Licenses ­ grounds for denial, suspension, or revocation. (6)  Any license issued pursuant to this part 1 may be denied, revoked, or suspended if unfitness of such licensee or licensee applicant is shown in the following:

(d)  VIOLATION OF ANY LAWFUL ORDER OF THE BOARD.

SECTION 13.  12­6­118, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

12­6­118.  Licenses ­ grounds for denial, suspension, or revocation. (7) (a)  ANY LICENSE ISSUED OR FOR WHICH AN APPLICATION HAS BEEN MADE PURSUANT TO THIS PART 1 SHALL BE REVOKED OR DENIED IF THE LICENSEE OR APPLICANT HAS BEEN CONVICTED OF OR PLEADED NO CONTEST TO ANY OF THE FOLLOWING OFFENSES IN THIS STATE OR ANY OTHER JURISDICTION:

(I)  A FELONY IN VIOLATION OF ARTICLE 3, 4, OR 5 OF TITLE 18, C.R.S., OR ANY SIMILAR CRIME UNDER FEDERAL LAW OR THE LAW OF ANY OTHER STATE; OR

(II)  A CRIME INVOLVING ODOMETER FRAUD, SALVAGE FRAUD, MOTOR VEHICLE TITLE FRAUD, OR THE DEFRAUDING OF A RETAIL CONSUMER IN A MOTOR VEHICLE SALE OR LEASE TRANSACTION.

(b)  A CERTIFIED COPY OF A JUDGMENT OF CONVICTION BY A COURT OF COMPETENT JURISDICTION OF AN OFFENSE UNDER PARAGRAPH (a) OF THIS SUBSECTION (7) IS CONCLUSIVE EVIDENCE OF SUCH CONVICTION IN ANY HEARING HELD PURSUANT TO THIS ARTICLE.".

Renumber succeeding sections accordingly.

Page 18, line 8, strike "The court of";

strike lines 9 through 11, and substitute the following:

"HEARINGS CONDUCTED BY A HEARING OFFICER APPOINTED FROM THE BOARD MEMBERSHIP SHALL BE IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE BOARD. HEARINGS CONDUCTED BEFORE AN ADMINISTRATIVE LAW JUDGE SHALL BE IN ACCORDANCE WITH THE RULES OF PROCEDURE OF THE DIVISION OF ADMINISTRATIVE HEARINGS. The court of appeals shall have initial jurisdiction to review all final actions and orders that are subject to judicial review of the board. Such proceedings shall be conducted in accordance with section 24­4­106 (11), C.R.S.";

after line 11, insert the following:

"SECTION 15.  12­6­122 (1), Colorado Revised Statutes, is amended to read:

12­6­122.  Right of action for loss. (1)  If any person suffers loss or damage by reason of any fraud practiced on such person or fraudulent representation made to such person by a licensed dealer or one of the dealer's salespersons acting for the dealer on such dealer's behalf or within the scope of the employment of the salesperson, or suffers any loss or damage by reason of the violation by such dealer or salesperson of any of the provisions of this part 1, whether or not such violation is the basis for denial, suspension, or revocation of a license, such person shall have a right of action against the dealer, such dealer's motor vehicle salespersons, and the sureties upon their respective bonds. The right of a person to recover for loss or damage as provided in this subsection (1) against the dealer or salesperson shall not be limited to the amount of their respective bonds.".

Renumber succeeding sections accordingly.

Page 18, line 15, strike "2003" and substitute "2008";

strike lines 25 and 26 and substitute the following:

"SECTION 18.  24-34-104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:".

Page 19, strike lines 3 through 6, and substitute the following:

"THE FOLLOWING AGENCIES, FUNCTIONS, OR BOTH, SHALL TERMINATE ON JULY 1, 2008:

(c)  THE MOTOR VEHICLE DEALER BOARD CREATED BY SECTION 12­6­103, C.R.S.

SECTION 19.  42­3­127 (6) (b) (III), Colorado Revised Statutes, is amended to read:

42­3­127.  Manufacturers or dealers. (6) (b) (III)  Full­use dealer plates shall be valid for a period not to exceed one year. Each full­use dealer plate shall expire on June 30 in the year of expiration.".

Renumber succeeding sections accordingly.

HB98-1193 be postponed indefinitely.

HB98-1375 be referred to the Committee of the Whole with favorable recommendation.

SB98-35 be referred to the Committee of the Whole with favorable recommendation.

SB98-43 be postponed indefinitely.

SB98-46 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 4, after the period, add "IF A MOTOR VEHICLE IS EXEMPTED FROM THE REQUIREMENT FOR OBTAINING A CERTIFICATION OF EMISSIONS CONTROL PRIOR TO SALE BECAUSE IT IS INOPERABLE OR OTHERWISE CANNOT BE TESTED, THE NEW OWNER OF THE MOTOR VEHICLE IS REQUIRED TO OBTAIN A CERTIFICATION OF EMISSIONS CONTROL FOR SUCH MOTOR VEHICLE BEFORE REGISTERING IT IN THE PROGRAM AREA.".

Page 4, after line 20, insert the following:

"(c)  IF A MOTOR VEHICLE IS EXEMPTED FROM THE REQUIREMENT FOR OBTAINING A CERTIFICATION OF EMISSIONS CONTROL PRIOR TO SALE BECAUSE IT IS INOPERABLE OR OTHERWISE CANNOT BE TESTED, THE NEW OWNER OF THE MOTOR VEHICLE IS REQUIRED TO OBTAIN A CERTIFICATION OF EMISSIONS CONTROL FOR SUCH MOTOR VEHICLE BEFORE REGISTERING IT IN THE PROGRAM AREA.".

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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- 116, amended as printed in Senate Journal, February 25, page 355;

HB98-1362 , amended as printed in Senate Journal, February 25, page 355.

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MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB98-116 and HB98-1362.

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB98-1052, 1084, and 1095.

______________

INTRODUCTION OF RESOLUTION

The following resolution read by title and laid over one day under the rules:

HJR98-1014 by Representatives, S. Williams, Reeser, Adkins, K. Alexander, Arrington, Bacon, G. Berry, Chavez, Clarke, Dean, Dyer, Entz, Faatz, George, Gordon, Gotlieb, Grampsas, Grossman, Hagedorn, Hefley, June, Kaufman, Keller, Kreutz, Leyba, Mace, McPherson, Miller, Morrison, Musgrave, Nichol, Pankey, Paschall, Pfiffner, Romero, Saliman, Schauer, Smith, Snyder, Spradley, Swenson, Takis, Tate, Taylor, Tool, Tucker, Tupa, Udall, Veiga, T. Williams ,Young, and Zimmerman; also Senator Hopper--Concerning statewide participation in "Read Across America" Day on March 2, 1998.

WHEREAS, The citizens of the state of Colorado stand firmly committed to promoting reading as the catalyst for our children's future academic success, their preparation for America's jobs, and the ability to compete in a global economy; and

WHEREAS, The state of Colorado has been a leader in the area of community involvement in the education of our youth, grounded in the principle that educational investment is key to the state's well­being; and

WHEREAS, Research shows that students who read outside of school do better in school and that family involvement is an important part of developing strong reading skills in children; and

WHEREAS, "Read Across America", a national celebration of Dr. Seuss' birthday on March 2, 1998, promotes reading and adult involvement in the education of our state's children; and

WHEREAS, Thousands of businesses, community and education groups, schools, and individuals across the country have pledged their participation in this national celebration of reading; now, therefore,

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

That we, the members of the Colorado General Assembly, do hereby call on the citizens of the state of Colorado to assure that every child is in a safe place reading with a caring adult on the evening of March 2, 1998;

Be It Further Resolved, That the General Assembly enthusiastically endorses "Read Across America" and recommits this state to engage in programs and activities to continue to support the ongoing efforts to make Colorado's children among the best readers in the country.

______________

CONSIDERATION OF RESOLUTIONS

HJR98-1010 by Representatives Hagedorn, Allen, Takis, and S. Williams; also Senators Weddig, Coffman, Lacy, and Martinez--Concerning the extension of congratulations from the General Assembly to the Hinkley High School football team.

(Printed and placed in Member=s files; also printed in House Journal, February 5, 1998, pages 392-393.)

On motion of Representative Hagedorn, the resolution was read at length and adopted by the following roll call vote:

YES 63 NO 0 EXCUSED 2 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 E Hagedorn Y Hefley Y Johnson Y June Y Kaufman Y Keller Y Kreutz Y Lawrence Y Leyba Y Mace Y May E 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: Roll call of the House.

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

(Printed and placed in Member=s files; also printed in House Journal, February 13, 1998, pages 530-532.)

Representative Schauer moved the following amendment:

Amendment No. 1, State, Veterans, and Military Affairs Report, dated February 25, 1998, and placed in member's bill file; Report also printed in House Journal, February 25, page 741.

The amendment was declared passed by viva voce vote.

On motion of Representative Schauer, the resolution as amended was adopted by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean E 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 E 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 Allen, Anderson, Epps, George, Grampsas, Hagedorn, Hefley, Swenson, Takis, Mr. Speaker.

_______________

CONSIDERATION OF MEMORIAL

HM98-1001 by Representative Kreutz--Memorializing former Repre-sentative Charles W. "Chuck" Henning.

(Printed in House Journal, February 25, 1998, pages 743-745.)

On motion of Representative Kreutz, the memorial was read at length and adopted by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. YChavez Y Clarke Y Dean E 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 E 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

Roll call of the House added as co-sponsors.

_______________

House in recess. House reconvened.

_______________

CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILL

On motion of Representative Anderson, the rules were suspended for immediate consideration of HB98-1362.

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.

(Amended as printed in Senate Journal, February 25, page 355.)

Representative Grampsas moved that the House concur in Senate amendments. The motion was declared passed by the following roll call vote:

YES 61 NO 0 EXCUSED 4 ABSENT 0

Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean E 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 E McElhany Y

McPherson Y Miller Y Morrison Y Musgrave Y Nichol Y Owen Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero E Salaz Y Saliman Y Schauer Y Sinclair Y Smith Y

Snyder Y Spradley Y Sullivant Y Swenson Y Takis Y Tate 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

The question being, "Shall the bill, as amended, pass?".

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

majority of those elected to the House voted in the affirmative, and the bill, as amended, was declared repassed.

YES 61 NO 0 EXCUSED 4 ABSENT 0

Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean E 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 E McElhany Y

McPherson Y Miller Y Morrison Y Musgrave Y Nichol Y Owen Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero E Salaz Y Saliman Y Schauer Y Sinclair Y Smith Y

Snyder Y Spradley Y Sullivant Y Swenson Y Takis Y Tate 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

________________

On motion of Representative G.Berry, the House resolved itself into Committee of the Whole for consideration of General Orders, and she 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.)

SB98-036 by Senator Wham; also Representative Epps--Concerning a requirement for licensure of physicians lawfully practicing medicine in another jurisdiction who perform acts constituting the practice of medicine on persons physically present in Colorado at the time such acts are performed.

Amendment No. 1, Health, Environment, Welfare and Institutions Report, dated February 11, 1998, and placed in member's bill file; Report also printed in House Journal, February 13, pages 486-487.

Amendment No. 2, by Representative Kreutz.

Amend the Health, Environment, Welfare, and Institutions Committee report, dated February 11, 1998, page 1, strike line 7 and substitute the following:

"line 23, strike "PERSON-TO-PERSON CONTACT" and substitute "PATIENT CONSULTATION".".

Amendment No. 3, by Representatives Owen and May.

Amend the Health, Environment, Welfare, and Institutions Committee Report, dated February 11, 1998, page 1, strike lines 1 and 2 and substitute the following:

"Amend reengrossed bill, page 2, line 14, strike "does not limit such" and substitute "does not limit such";

strike line 15 and substitute the following:

"services to an occasional case PROVIDES REGULAR OR ROUTINE CASE SERVICES or if he SUCH PHYSICIAN has any";";

after line 3 of the report, insert the following:

"line 17, strike "CONTRACT, AGREEMENT, OR UNDERSTANDING" and substitute "CONTRACT";";

line 7, change the period to a semicolon;

after line 7, insert the following:

"after line 25, insert the following:

"SECTION 2.  12-36-106 (3), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

12-36-106.  Practice of medicine defined - exemptions from licensing requirements - repeal. (3)  Nothing in this section shall be construed to prohibit, or to require a license under this article with respect to, any of the following acts:

(u)  THE PROVISION, TO A TREATING PHYSICIAN LICENSED IN THIS STATE, OF THE RESULTS OF LABORATORY TESTS PERFORMED IN A LABORATORY CERTIFIED TO PERFORM SUCH TESTS UNDER THE FEDERAL "CLINICAL LABORATORIES IMPROVEMENT ACT OF 1967," AS AMENDED, 42 U.S.C. SEC. 263a.".

Renumber succeeding sections accordingly.".

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

SB98-013 by Senators Powers, Lacy, and Tebedo; also Representatives T. Williams, Swenson, and Veiga--Concerning disclosure requirements for optional managed care arrangements in motor vehicle insurance policies.

Amendment No. 1, Business Affairs and Labor Report, dated February 24, 1998, and placed in member's bill file; Report also printed in House Journal, February 25, page 739.

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

SB98-067 by Senator J. Johnson; also Representative Schauer--Concerning tavern liquor licenses, and, in connection therewith, authorizes the multiple ownership of tavern licenses and requires the registration of managers of licensed taverns.

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

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.

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

SB98-040 by Senator Coffman; also Representative Pfiffner--Concerning the state deferred compensation plan.

Amendment No. 1, State, Veterans, and Military Affairs Report, dated February 24, 1998, and placed in member's bill file; Report also printed in House Journal, February 25, pages 741-742.

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

SB98-145 by Senator Reeves; also Representative Allen--Concerning election judges.

Amendment No. 1, State, Veterans, and Military Affairs Report, dated February 24, 1998, and placed in member's bill file; Report also printed in House Journal, February 25, page 742.

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

On motion of Representative Anderson, consideration of HB98-1337, 1234, SB98-12, 14, HB98-1369, 1370, SB98-119 was laid over until March 2, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: SB98-36 amended, 13 amended, 67, 104, 40 amended, 145 amended.

Laid over until date indicated retaining place on Calendar: HB98-1337, 1234, SB98-12, 14, HB98-1369, 1370, SB98-119--March 2, 1998.

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 60 NO 0 EXCUSED 5 ABSENT 0

Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke E 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 E McElhany Y

McPherson Y Miller Y Morrison Y Musgrave Y Nichol Y Owen Y Pankey Y Paschall Y Pfiffner Y Reeser Y Romero E Salaz Y Saliman Y Schauer Y Sinclair Y Smith Y

Snyder Y Spradley Y Sullivant Y Swenson Y Takis Y Tate 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 E

_______________

REPORTS OF COMMITTEES OF REFERENCE

APPROPRIATIONS

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

HB98-1009, 1011, 1030, 1088, 1189 be referred to the Committee of the Whole with favorable recommendation.

HB98-1112 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Strike the Finance Committee Report, dated January 28, 1998, and substitute the following:

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

"SECTION 1.  39­31­101 (2) (a), (2) (b), and (3) (b), Colorado Revised Statutes, are amended, and the said 39­31­101 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

39­31­101.  Real property tax assistance ­ eligibility ­ applicability. (2)  Such grant shall be the amount of the general property taxes actually paid on the residence or the amount of taxes actually paid on a mobile home, plus any tax­equivalent payments computed pursuant to subsection (4) of this section, with respect to the rent of a trailer space during the year for which such grant is claimed, the amount of the specific ownership tax actually paid on a trailer coach, or the amount of the tax­equivalent payments, computed pursuant to subsection (4) of this section, actually made during the year for which such grant is claimed, but in no event may it exceed:

(a)  In the case of an individual:

(I)  FOR GRANTS CLAIMED FOR YEARS COMMENCING PRIOR TO JANUARY 1, 1999, five hundred dollars reduced by twenty percent of the amount by which his THE INDIVIDUAL'S income exceeds five thousand dollars;

(II)  FOR GRANTS CLAIMED FOR YEARS COMMENCING ON OR AFTER JANUARY 1, 1999, SIX HUNDRED DOLLARS REDUCED BY TEN PERCENT OF THE AMOUNT BY WHICH THE INDIVIDUAL'S INCOME EXCEEDS FIVE THOUSAND DOLLARS;

(b)  In the case of a husband and wife:

(I)  FOR GRANTS CLAIMED FOR YEARS COMMENCING PRIOR TO JANUARY 1, 1999, five hundred dollars reduced by twenty percent of their income over eight thousand seven hundred dollars;

(II)  FOR GRANTS CLAIMED FOR YEARS COMMENCING ON OR AFTER JANUARY 1, 1999, SIX HUNDRED DOLLARS REDUCED BY TEN PERCENT OF THEIR INCOME OVER EIGHT THOUSAND SEVEN HUNDRED DOLLARS.

(2.5)  IN 2000 AND IN EVERY EVEN­NUMBERED YEAR THEREAFTER, THE FINANCE COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES SHALL EXAMINE THE GRANT AMOUNTS AND REDUCTION PERCENTAGES SET FORTH IN SUBSECTION (2) OF THIS SECTION, CONSIDERING THE LEVEL OF THE FEDERAL POVERTY INDEX AND SUCH OTHER INFORMATION AS IS AVAILABLE TO THE COMMITTEES, AND SHALL DETERMINE WHETHER SAID AMOUNTS AND PERCENTAGES SHOULD BE MODIFIED.

(3)  Such grant shall be allowed to such persons as described in subsection (1) of this section who meet the following requirements:

(b)  Have income from all sources for the taxable year of less than seven thousand five hundred ELEVEN THOUSAND dollars if single or, in the case of a husband and wife, less than eleven thousand two hundred FOURTEEN THOUSAND SEVEN HUNDRED dollars including, but not limited to, for this purpose, alimony, support money, cash public assistance and relief, pension or annuity benefits, federal social security benefits, veterans' benefits (except those specific veterans' benefits that are service­connected disability compensation payments), nontaxable interest, workers' compensation, and unemployment compensation benefits, but not including outright gifts. "Service­connected disability compensation payments" means those payments made for permanent disability, which disability shall be limited to loss of or loss of use of both lower extremities so as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; loss of use of both hands; blindness in both eyes, including such blindness with only light perception; or loss of one lower extremity together with residuals or organic disease or injury which so affects the functions of balance or propulsion as to preclude locomotion without the use of a wheelchair.

SECTION 2.  39­31­104 (2) (a), (2) (b), and (3) (b), Colorado Revised Statutes, are amended, and the said 39­31­104 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

39­31­104.  Heat or fuel expenses assistance ­ eligibility ­ applicability. (2)  Such grant shall be as follows:

(a)  In the case of an individual:

(I)  FOR GRANTS CLAIMED FOR YEARS COMMENCING PRIOR TO JANUARY 1, 1999, one hundred sixty dollars reduced by six and four­tenths percent of the amount by which his THE INDIVIDUAL'S income exceeds five thousand dollars;

(II)  FOR GRANTS CLAIMED FOR YEARS COMMENCING ON OR AFTER JANUARY 1, 1999, ONE HUNDRED NINETY­TWO DOLLARS REDUCED BY THREE AND TWO­TENTHS PERCENT OF THE AMOUNT BY WHICH THE INDIVIDUAL'S INCOME EXCEEDS FIVE THOUSAND DOLLARS;

(b)  In the case of a husband and wife:

(I)  FOR GRANTS CLAIMED FOR YEARS COMMENCING PRIOR TO JANUARY 1, 1999, one hundred sixty dollars reduced by six and four­tenths percent of their income over eight thousand seven hundred dollars;

(II)  FOR GRANTS CLAIMED FOR YEARS COMMENCING ON OR AFTER JANUARY 1, 1999, ONE HUNDRED NINETY­TWO DOLLARS REDUCED BY THREE AND TWO­TENTHS PERCENT OF THEIR INCOME OVER EIGHT THOUSAND SEVEN HUNDRED DOLLARS.

(2.5)  IN 2000 AND IN EVERY EVEN­NUMBERED YEAR THEREAFTER, THE FINANCE COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES SHALL EXAMINE THE GRANT AMOUNTS AND REDUCTION PERCENTAGES SET FORTH IN SUBSECTION (2) OF THIS SECTION, CONSIDERING THE LEVEL OF FEDERAL POVERTY INDEX AND SUCH OTHER INFORMATION AS IS AVAILABLE TO THE COMMITTEES, AND SHALL DETERMINE WHETHER SAID AMOUNTS AND PERCENTAGES SHOULD BE MODIFIED.

(3)  Such grant shall be allowed to such persons as described in subsection (1) of this section who meet the following requirements:

(b)  Have income from all sources for the taxable year of less than seven thousand five hundred ELEVEN THOUSAND dollars if single or, in the case of a husband and wife, less than eleven thousand two hundred FOURTEEN THOUSAND SEVEN HUNDRED dollars including, but not limited to, for this purpose, alimony, support money, cash public assistance and relief, pension or annuity benefits, federal social security benefits, veterans' benefits (except those specific veterans' benefits that are service­connected disability compensation payments), nontaxable interest, workers' compensation, and unemployment compensation benefits, but not including outright gifts. "Service­connected disability compensation payments", as used in this paragraph (b), means those payments made for permanent disability, which disability shall be limited to loss of or loss of use of both lower extremities so as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; loss of use of both hands; blindness in both eyes, including such blindness with only light perception; or loss of one lower extremity together with residuals or organic disease or injury which so affects the functions of balance or propulsion as to preclude locomotion without the use of a wheelchair.

SECTION 3. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of revenue, for old age heat and fuel and property tax assistance grants, for the fiscal year beginning July 1, 1998, the sum of six million seven hundred thirty-three thousand nine hundred eighty-nine dollars ($6,733,989), or so much thereof as may be necessary, for the implementation of this act. For purposes of complying with the limitation on state fiscal year spending imposed by article X, section 20 of the state constitution these moneys are shown here for informational purposes as they are continuously appropriated by a permanent statute or constitutional provision and, therefore, are not subject to the limitation of general fund appropriations as set forth in section 24-75-201.1, Colorado Revised Statutes.

SECTION 4.   Effective date.  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".".

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

HB98­1137 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Strike the health, environment, welfare, and institutions committee amendment, dated February 2, 1998, and substitute the following:

"Amend printed bill, page 2, strike lines 14 through 19, and substitute the following:

"FEDERAL SOCIAL SECURITY ACT; EXCEPT THAT A COUNTY MAY NOT USE FUNDS TRANSFERRED PURSUANT TO THIS SUBSECTION (8) FOR THE DELIVERY OF CHILD WELFARE SERVICES THAT ARE FUNDED THROUGH THE CAPPED ALLOCATION PROVIDED TO A COUNTY UNDER ARTICLE 5 OF THIS TITLE.".".

HB98-1197 be postponed indefinitely.

FINANCE

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

HB98­1058 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend the Business Affairs and Labor Committee Report, dated February 10, 1998, page 1, line 11, strike "NOTICES OF VIOLATIONS" and substitute "VIOLATIONS";

After line 12 of the committee report, insert the following:

"Page 6, strike lines 9 through 11;

line 12, strike "(5)" and substitute "(4)".

Page 9, line 14, strike "SAME;" and substitute "SAME.";

strike lines 15 through 18.

Page 10, strike line 21 and substitute the following:

"INCENTIVES TO BE PROVIDED TO THE".".

Page 2 of the committee report, strike lines 6 and 7 and substitute the following:

"Page 16, strike lines 13 through 25 and substitute the following:

"(b)  NOTWITHSTANDING ANY PROVISION OF LAW RESTRICTING THE USE OF FUNDS WITHIN THE AIR ACCOUNT, CREATED IN THE HIGHWAY USERS TAX FUND PURSUANT TO SECTION 42­3­134 (26) (a), C.R.S., THE STATE TREASURER SHALL, ON JUNE 30, 1998, AND EACH JUNE 30 THEREAFTER, TRANSFER MONEYS IN THE AIR ACCOUNT TO THE ENVIRONMENTAL LEADERSHIP POLLUTION PREVENTION REVOLVING FUND, CREATED IN SUBSECTION (2) OF THIS SECTION, AS FOLLOWS:

(I)  ANY MONEYS IN THE AIR ACCOUNT IN EXCESS OF TWO HUNDRED FIFTY THOUSAND DOLLARS BUT LESS THAN FIVE HUNDRED THOUSAND DOLLARS; AND

(II)  ANY MONEYS IN THE AIR ACCOUNT IN EXCESS OF ONE MILLION DOLLARS BUT LESS THAN ONE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS.

(c)  THE STATE TREASURER SHALL, BEFORE MAKING ANY CREDIT OR TRANSFER FROM THE AIR ACCOUNT TO ANY OTHER ACCOUNT OR FUND, CALCULATE THE MONEYS TO BE TRANSFERRED TO THE ENVIRONMENTAL LEADERSHIP POLLUTION PREVENTION REVOLVING FUND PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (3).".

Page 20, strike lines 21 through 26.

Strike pages 21 through 24.

Page 25, strike lines 1 through 7.

Renumber succeeding section accordingly.

Page 1, line 104, strike "TAX AND".".

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

Amend the Local Government Committee Report, dated February 11, 1998, page 3, strike line 15 and substitute the following:

"1.

SECTION 13. Appropriation.  (1)  In addition to any other appropriation, there is hereby appropriated, to the department of public health and environment, for the fiscal year beginning July 1, 1998, the sum of two hundred sixty-five thousand fifty-six dollars ($265,056) and 4.4 FTE, or so much thereof as may be necessary, for the implementation of this act. Said sum shall be from the solid waste management cash fund.

(2) In addition to any other appropriation, there is hereby appropriated, to the department of law, for fiscal year beginning July 1, 1998, the sum of seven thousand two hundred dollars ($7,200), or so much thereof as may be necessary, for the implementation of this act. Said sum shall be from the solid waste management cash fund.".

Renumber succeeding sections accordingly.";

strike line 17 and substitute the following:

"PROGRAM, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

HB98-1373 be postponed indefinitely.

SB98-3 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 1, line 6, strike "2014." and substitute "2009.".

SB98-16, 38, 132 be referred to the Committee of the Whole with favorable recommendation.

JUDICIARY

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

HB98-1372 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 1, strike "named as a party," and substitute "AND named as a party PARTIES IN SUCH ACTION,".

HB98­1374 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 1, strike "AN" and substitute "A CLASS 2, 3, 4, OR 5 FELONY OR A SECOND OR SUBSEQUENT CLASS 6 FELONY OFFENSE";

line 2, strike "OFFENSE".

Page 5, line 6, strike "FELONY" and substitute "CLASS 2, 3, 4, OR 5 FELONY OR A SECOND OR SUBSEQUENT CLASS 6 FELONY";

after line 19, insert the following:

"SECTION 3.  Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17­1­126.  Appropriation to comply with section 2­2­703. (1)  PURSUANT TO SECTION 2­2­703, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT HB 98-1374, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY:

(a)  FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, THE GENERAL ASSEMBLY HAS DETERMINED THAT THIS ACT CAN BE IMPLEMENTED WITHIN EXISTING APPROPRIATIONS, AND THEREFORE NO SEPARATE APPROPRIATION OF STATE MONEYS IS NECESSARY TO CARRY OUT THE PURPOSES OF THIS ACT.

(b)  FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, THE GENERAL ASSEMBLY HAS DETERMINED THAT THIS ACT CAN BE IMPLEMENTED WITHIN EXISTING APPROPRIATIONS, AND THEREFORE NO SEPARATE APPROPRIATION OF STATE MONEYS IS NECESSARY TO CARRY OUT THE PURPOSES OF THIS ACT.

(c)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF NINE HUNDRED NINETY-EIGHT THOUSAND TWO HUNDRED NINETY-SEVEN DOLLARS ($998,297).

(d) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF ONE MILLION ONE HUNDRED FIFTY-EIGHT THOUSAND EIGHT HUNDRED SIXTY-THREE DOLLARS ($1,158,863).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF THREE HUNDRED THIRTY-THREE THOUSAND NINE HUNDRED THIRTY-FOUR DOLLARS ($333,934).

(e) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF TWO MILLION THREE HUNDRED FIFTY-TWO THOUSAND SIX HUNDRED THIRTY-ONE DOLLARS ($2,352,631).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF SEVEN HUNDRED TWENTY-ONE THOUSAND FIVE HUNDRED SEVENTY-SEVEN DOLLARS ($721,577).".

Renumber succeeding sections accordingly.

Page 1, line 102, strike "OFFENDERS." and substitute "OFFENDERS, AND MAKING AN APPROPRIATION THEREFOR.".

HB98-1376 be referred to the Committee of the Whole with favorable recommendation.

SB98­137 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 4, after line 9, insert the following:

"(3) (a)  THE TEST ORDERED PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL BE PERFORMED BY A FACILITY THAT PROVIDES ONGOING HEALTH CARE.

(b)  AN EMPLOYEE OF THE FACILITY THAT PERFORMS THE TEST SHALL PROVIDE, FOR PURPOSES OF PRETRIAL PREPARATION AND IN COURT PROCEEDINGS, ORAL AND DOCUMENTARY EVIDENCE LIMITED TO WHETHER THE PERSON TESTED PURSUANT TO SUBSECTION (1) OF THIS SECTION AND SUBSEQUENTLY CHARGED UNDER SECTION 18­7­201.7 OR 18­7­205.7 WAS PROVIDED NOTICE PRIOR TO THE DATE OF THE OFFENSE THAT HE OR SHE HAD TESTED POSITIVE FOR THE HUMAN IMMUNODEFICIENCY VIRUS (HIV) THAT CAUSES ACQUIRED IMMUNE DEFICIENCY SYNDROME AND THE DATE OF SUCH NOTICE.".

Page 5, after line 19, insert the following:

"(3) (a)  THE TEST ORDERED PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL BE PERFORMED BY A FACILITY THAT PROVIDES ONGOING HEALTH CARE.

(b)  AN EMPLOYEE OF THE FACILITY THAT PERFORMS THE TEST SHALL PROVIDE, FOR PURPOSES OF PRETRIAL PREPARATION AND IN COURT PROCEEDINGS, ORAL AND DOCUMENTARY EVIDENCE LIMITED TO WHETHER THE PERSON TESTED PURSUANT TO SUBSECTION (1) OF THIS SECTION AND SUBSEQUENTLY CHARGED UNDER SECTION 18­7­201.7 OR 18­7­205.7 WAS PROVIDED NOTICE PRIOR TO THE DATE OF THE OFFENSE THAT HE OR SHE HAD TESTED POSITIVE FOR THE HUMAN IMMUNODEFICIENCY VIRUS (HIV) THAT CAUSES ACQUIRED IMMUNE DEFICIENCY SYNDROME AND THE DATE OF SUCH NOTICE.".

Page 10, line 5, after "C.R.S.,", insert "OR SUBJECT TO TESTING UNDER SECTION 18­7­201.5 OR 18­7­205.5, C.R.S.,".

Page 11, after line 1, insert the following:

"SECTION 9.  18­4­412 (2) (c), Colorado Revised Statutes, is amended to read:

18­4­412.  Theft of medical records or medical information ­ penalty. (2)  As used in this section:

(c)  "Proper authorization" means:

(I)  A written authorization signed by the patient or his OR HER duly designated representative; or

(II)  An appropriate order of court; or

(III)  Authorized possession pursuant to law or regulation for claims processing, possession for medical audit or quality assurance purposes, possession by a consulting physician to the patient, or possession by hospital personnel for record­keeping and billing purposes; OR

(IV)  AUTHORIZED POSSESSION PURSUANT TO SECTION 18­7­201.5 OR 18­7­205.5.".

Renumber succeeding section accordingly.

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HM98-1001.

______________

INTRODUCTION OF BILLS

First Reading

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

SB98-093 by Senator Linkhart; also Representative Agler--Concerning an alternate procedure for taxpayers to contest the valuation of real property for property tax purposes in certain counties that elect to utilize such alternative procedure.

Committee on Finance.

SB98-102 by Senator Linkhart; also Representative Tate--Concern-ing entities created pursuant to title 7, Colorado Revised Statutes.

Committee on Business Affairs and Labor.

SB98-116 by Senator Schroeder; also Representative Schauer--Concerning the collection of sales and use taxes on purchases of tangible personal property by persons in Colorado from out-of-state retailers, and, in connection therewith, specifying the method depending on federal legislation for collecting and remitting local taxes where such sales are affected by mail order or use of the internet.

Committee on Finance.

SB98-157 by Senator Tebedo; also Representative Kreutz--Concerning family child care homes.

Committee on Health, Environment, Welfare and Institutions.

SB98-159 by Senator Bishop; also Representative George--Con-cerning the obligations of parties to agreements for the payment of proceeds from the sale of oil and gas.

Committee on Agriculture, Livestock and Natural Resources.

SB98-171 by Senator Lacy; also Representative Dean--Concerning modification of the "Metropolitan Football Stadium District Act", and, in connection therewith, establishing biennial district elections and modifying the terms of the agreement that the board of directors negotiates with a national football league franchise.

Committee on Local Government.

SB98-172 by Senators Lacy, Blickensderfer, and Rizzuto; also Representatives Owen, Grampsas, and Romero--Concerning the elimination of the management fee imposed on the investment of certain state moneys by the state treasurer.

Committee on Finance.

SB98-174 by Senator Chlouber; also Representative George--Concerning allowing persons licensed to hold a race meet of greyhounds to enter into agreements with organizations that represent a majority of kennel owners participating in a race meet to specify purse structure.

Committee on Agriculture, Livestock and Natural Resources.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until March 2, retaining place on Calendar:

Consideration of Third Reading--HCR98-1005, HB98-1146.

Consideration of Resolutions--HJR98-1004, SJR98-3, 4.

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

_______________

On motion of Representative Anderson, the House adjourned until 10:00 a.m., March 2, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk