Prayer by Pastor Bob Hayes, Englewood
Bible Church.
The Speaker called the House to order at 10:00
a.m.
The roll was called with the following result:
Present--60.
Absent and excused--Representatives Dyer, Salaz, Smith, Tate, Taylor--5.
Present after roll call--Representatives Salaz, Smith,
Taylor.
The Speaker declared a quorum present.
_______________
On motion of Representative Arrington, the reading of the journal of January 9, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEE OF REFERENCE
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee
recommends the following:
HB98-1010 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 13, strike line 5 and substitute
the following:
A12-23-109. License
by endorsement. The board
may DIRECTOR SHALL@.
Page 14, strike lines 23 through 25 and substitute "licensed
electrician. The degree of supervision required shall
be no more than one licensed electrician to supervise no more
than one apprentice at the job site.".
Page 25, line 24, strike "REGIONAL" and
substitute "PERMITTING";
line 25, strike "BUILDING DEPARTMENT APPROVED
BY THE DIRECTOR" and substitute "AND INSPECTION PROGRAM
INVOLVING TWO OR MORE LOCAL GOVERNMENT AUTHORITIES OPERATING WITH
AN INTERGOVERNMENTAL AGREEMENT".
Page 26, line 1, strike "REGIONAL BUILDING DEPARTMENT"
and substitute "QUALIFIED PERMITTING AND INSPECTION PROGRAM".
HB98-1016 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 1, strike lines 2 and 3
and substitute the following:
"SECTION 1. 124102 (5), Colorado
Revised Statutes, is amended, and the said 124102
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
124102. Definitions.
As used in this article, unless the context otherwise requires:
(3.5) "DRAWINGS" MEANS THE
ORIGINAL DOCUMENTS PRODUCED TO DESCRIBE A PROJECT. SUCH ORIGINAL
DOCUMENTS MAY BE PRODUCED BY CADD OR OTHER MEANS.
(5) The
"Practice of architecture" means the
performance of the professional services of planning and design
of buildings, preparation of construction contract documents including
working drawings and specifications for the construction of buildings,
observation of construction pursuant to an agreement between an
architect and any other person, and administration of construction
contracts for the construction of buildings, but not the performance
of the construction of buildings
PERFORMING AND BEING RESPONSIBLE FOR PROFESSIONAL SERVICES THAT
REQUIRE THE SKILLS OF AN ARCHITECT IN THE PLANNING OF SITES, AND
THE DESIGN, IN WHOLE OR IN PART, OF BUILDINGS OR GROUPS OF BUILDINGS
INTENDED FOR HUMAN HABITATION OR OCCUPANCY.".
Page 2, strike lines 12 through 20 and substitute
AColorado.@;
line 21, strike ADATE.@.
Page 4, strike lines 14 through 26 and substitute
the following:
"misconduct by the board, made pursuant to article
4 of title 24, C.R.S. as follows:
(I) In the first administrative
proceeding against a licensee, a fine of not less than five hundred
dollars nor more than one thousand dollars;
(II) In
any subsequent
AN administrative proceeding against a licensee for transactions
occurring after a final agency action determining that a violation
of this article has occurred, a fine of not less than one thousand
dollars nor more than two
FIVE thousand dollars.".
Page 5, strike line 1 and substitute the following:
SECTION 5. 124112
(3), Colorado Revised Statutes, is amended to read:
124112. Exemptions.
(3) Nothing in this article shall be construed as curtailing
or extending the rights of any other legally
recognized profession or craft.".
Renumber succeeding sections accordingly.
Page 5, line 4, strike "A NEW SUBSECTION"
and substitute "THE FOLLOWING NEW SUBSECTIONS";
after line 14, insert the following:
"(1.5) NOTHING IN THIS SECTION SHALL
PROHIBIT A PERSON WHO IS LICENSED TO PRACTICE ARCHITECTURE IN
ANOTHER JURISDICTION OF THE UNITED STATES FROM SOLICITING WORK
IN COLORADO. SUCH PERSON SHALL NOT PERFORM THE PRACTICE OF ARCHITECTURE
IN THIS STATE WITHOUT FIRST HAVING OBTAINED A LICENSE FROM THE
BOARD, OR HAVING ASSOCIATED WITH AN ARCHITECT LICENSED IN THIS
STATE WHO IS ASSOCIATED WITH THE PROJECT AT ALL STAGES OF THE
PROJECT.".
Page 6, after line 13, insert the following:
"(3) ANY LISTING OR ADVERTISEMENT
BY AN ARCHITECT IN ANY COLORADO PUBLICATION SHALL INCLUDE THE
COLORADO LICENSE NUMBER OF THE ARCHITECT.";
strike line 15 and substitute the following:
"Revised Statutes, are amended, and the said
124116 (1) is further amended BY THE ADDITION OF A
NEW PARAGRAPH, to read:";
strike lines 18 and 19 and substitute the following:
"(a) The stamp, and
the signature of the architect whose
name appears on the stamp, AND DATE OF THE SIGNATURE OF SUCH ARCHITECT
shall be placed on".
Page 7, after line 10, insert the following:
"(e) ONE ORIGINAL DOCUMENT MAY BE
STAMPED, SIGNED, AND DATED PURSUANT TO THE REQUIREMENTS OF FEDERAL
GOVERNMENT CONTRACTS.".
HB98-1074 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, strike lines 14 through
18 and substitute the following:
"SECTION 4. Effective date.
This act shall take effect at 12:01 a.m. on the day following
the expiration of the ninetyday period after final adjournment
of the general assembly that is allowed for submitting a referendum
petition pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.".
HB98-1078 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, strike lines 14 through
18 and substitute the following:
"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.".
______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB97-1147, 1148, 1149, and 1150.
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HJR98-1001 and 1002; also HR98-1001, 1002, and 1003.
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB98-1151 by Representatives Young and Entz; also Senator Ament--Concerning administrative functions related to the regulation of ground water, and, in connection therewith, making an appropriation.
Committee on Agriculture, Livestock and Natural Resources.
Committee on Appropriations.
HB98-1152 by Representative George--Concerning property taxation, and, in connection therewith, specifying the valuation for assessment percentages for certain classifications of property and establishing a homestead exemption for a portion of the actual value of owner-occupied residential property used as a primary residence and owned by a person who has resided in the state for two years or longer.
Committee on Finance.
HB98-1153 by Representative Hagedorn; also Senator Chlouber--Concerning the maintaining of the confidentiality of patient medical records and information.
Committee on Health, Environment, Welfare and Institutions.
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.
Committee on Business Affairs and Labor.
HB98-1155 by Representatives Smith, G. Berry, Dyer, George, and McElhany; also Senator Bishop--Concerning capital construction projects to be undertaken by boards of cooperative services.
Committee on Education.
Committee on Appropriations.
HB98-1156 by Representatives Anderson, C. Berry, and Owen; also Senators Wells and Hopper--Concerning supervision of sex offenders.
Committee on Judiciary.
HB98-1157 by Representative Gotlieb--Concerning the effect of employment after retirement on the amount of retirement benefits payable to persons receiving retirement benefits through a school district's retirement fund.
Committee on Education.
HB98-1158 by Representative Musgrave--Concerning rights of parents to determine access to student education records.
Committee on Education.
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.
Committee on Business Affairs and Labor.
HB98-1160 by Representative Adkins; also Senator Wham--Concerning substantive changes for the strengthening of the criminal laws.
Committee on Judiciary.
HB98-1161 by Representatives Keller and Mace; also Senator Wham--Concerning the protection of persons from restraint.
Committee on Health, Environment, Welfare and Institutions.
HB98-1162 by Representative Bacon--Concerning payment of tuition for students enrolled in institutions of higher education through the "Postsecondary Enrollment Options Act".
Committee on Education.
HB98-1163 by Representative Sullivant; also Senator Schroeder--Concerning municipal annexation.
Committee on State, Veterans, and Military Affairs.
HB98-1164 by Representatives McElhany, Arrington, Dean, and Sinclair--Concerning funding for at-risk students enrolled in charter schools.
Committee on Education.
HB98-1165 by Representative Musgrave--Concerning a change in state income tax policy to encourage donations of food to qualified nonprofit organizations that provide food to needy individuals free of charge.
Committee on Finance.
HB98-1166 by Representative Veiga; also Senator Pascoe--Concerning implementation of the Colorado family and medical leave act.
Committee on Business Affairs and Labor.
HB98-1167 by Representatives Tool and K. Alexander; also Senator B. Alexander--Concerning a requirement that any driver who is involved in a serious automobile accident submit to drug and alcohol testing.
Committee on Transportation and Energy.
HB98-1168 by Representative Arrington--Concerning limitations on the use of social security account numbers.
Committee on State, Veterans, and Military Affairs.
HB98-1169 by Representatives Agler, Adkins, Bacon, Grampsas, Reeser, Snyder, Tucker, and Zimmerman; also Senators Ament, Blickensderfer, and Phillips--Concerning the promotion of alternative fuel use for transportation purposes, and, in connection therewith, eliminating the automatic repeal date for the alternative fuels income tax credit, modifying the provisions of said tax credit, adding an income tax credit for alternative fuel refueling facilities, establishing a rebate program for governmental and tax-exempt entities that use alternative fuel vehicles, and making an appropriation.
Committee on Finance.
Committee on Appropriations.
HB98-1170 by Representatives Lamborn and George; also Senator Chlouber--Concerning qualifying shooting ranges.
Committee on Local Government.
HB98-1171 by Representative Arrington; also Senator Coffman--Concerning the granting of waivers for charter schools.
Committee on Education.
HB98-1172 by Representatives Bacon and Saliman--Concerning a re-quirement that a helmet be worn during certain activities, and, in connection therewith, authorizing the department of public safety to establish an in-line skate and bicycle helmet public education and awareness program.
Committee on Transportation and Energy.
HB98-1173 by Representatives Tool and June; also Senator Rizzuto--Concerning an increase in the fees imposed for motor vehicle titles.
Committee on Finance.
HB98-1174 by Representatives Keller and Entz; also Senator Chlouber--Concerning the creation of a school district capital construction account in the capital construction fund for the purpose of distributing moneys to qualifying school districts for capital construction projects.
Committee on Education.
HB98-1175 by Representatives Veiga, Clarke, Kreutz, and Leyba--Concerning the expansion of treatment programs for high-risk pregnant women to include those pregnant women who use tobacco.
Committee on Health, Environment, Welfare and Institutions.
HB98-1176 by Representative Swenson--Concerning waste tire recycling, and, in connection therewith, directing the department of local affairs to use moneys from the waste tire recycling development cash fund to provide partial reimbursement to waste tire processors and end users.
Committee on Local Government.
HB98-1177 by Representative Agler--Concerning sex offenders, and making an appropriation in connection therewith.
Committee on Judiciary.
Committee on Appropriations.
HB98-1178 by Representative Snyder; also Senator Bishop--Concerning the use of inmate labor at nonstate-owned facilities.
Committee on Judiciary.
HB98-1179 by Representative Tucker; also Senator Mutzebaugh--Concerning consolidation of procedures for issuing civil restraining orders.
Committee on Judiciary.
HB98-1180 by Representative Udall--Concerning the creation of an income tax credit for taxpayers who donate real property interests for conservation purposes.
Committee on Finance.
HB98-1181 by Representatives Grossman, Gordon, and Udall--Con-cerning the prohibition of assault weapons in the state of Colorado.
Committee on Judiciary.
HB98-1182 by Representative Pfiffner; also Senator Coffman--Concerning tax policy reform, and, in connection therewith, specifying the valuation for assessment percentages for certain classifications of property, establishing a homestead exemption for a portion of the actual value of owner-occupied residential property used as a primary residence, repealing the "Urban and Rural Enterprise Zone Act", and allowing the carry forward of any income tax credits authorized by the "Urban and Rural Enterprise Zone Act".
Committee on Finance.
HB98-1183 by Representatives Gordon, Sullivant, Veiga, K. Alexander, Kaufman, Keller, and S. Williams--Concern-ing child custody.
Committee on Judiciary.
HB98-1184 by Representative Udall--Concerning the reduction of class size in the early grades by means of an incentive payment, and making an appropriation in connection therewith.
Committee on Education.
Committee on Appropriations.
HB98-1185 by Representatives Pfiffner, Dean, Lamborn, May, Epps, Agler, K. Alexander, Allen, Arrington, C. Berry, Musgrave, Paschall, Salaz, Sinclair, and T. Williams; also Senators Arnold and B. Alexander--Concerning the creation of educational income tax incentives.
Committee on Education.
______________
INTRODUCTION OF CONCURRENT RESOLUTION
The following resolution was read by title and referred
to the committee indicated:
HCR98-1002 by Representative George--Submitting to the registered electors of the State of Colorado an amendment to sections 3 and 20 of article X of the State Constitution, concerning property taxation, and, in connection therewith, modifying the valuation for assessment percentages for certain classifications of property, establishing a homestead exemption for a portion of the actual value of owner-occupied residential property used as a primary residence and owned by a person who has resided in the state for two years or longer, and authorizing mill levies to be increased without prior voter approval as long as the existing constitutional restriction on property tax revenues is not exceeded.
Committee on Finance.
______________
INTRODUCTION OF RESOLUTION
The following resolution was read by title and referred
to the committee indicated:
HJR98-1004 by Representatives George and K. Alexander; also Senator B. Alexander--Concerning competitive marketing and packing of beef.
Committee on Agriculture, Livestock and Natural Resources.
WHEREAS, The market concentration of the top three
beef packing processing companies has increased dramatically from
just thirtythree percent of the market in 1978 to over eighty
percent of the market in 1996; and
WHEREAS, This market concentration has resulted in
record low prices for Colorado cattle producers while cost to
consumers has steadily increased in relation to quality of product
available; and
WHEREAS, Over time this situation has continued to
intensify resulting in an alarming loss of input to the overall
economy of Colorado; and
WHEREAS, This trend towards concentration and vertical
integration of the livestock industry threatens free enterprise
and the independence of livestock producers in Colorado and the
nation, as well as the economic vitality of the communities and
states dependent upon the livestock industry; and
WHEREAS, Federal antitrust law is founded on the
economic principle of the preservation of competitive markets
and a social policy of the preservation of small businesses; and
WHEREAS, Federal antitrust laws, if enforced, would
ensure that individual businesses do not dominate shares of individual
markets to the point of harming a public that includes consumers,
livestock producers, and workers; and
WHEREAS, Free competitive markets foster innovation
and efficiency, promote free enterprise and public confidence,
and are beneficial not only to the general population but also
to the security of the nation; 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 the General Assembly requests that the United
States Congress direct the Federal Trade Commission, the Packers
and Stockyards Administration of the United States Department
of Agriculture, the Commodity Futures Trading Commission, and
the United States Attorney General to enforce existing law, including
the Packers and Stockyards Act of 1921, 7 U.S.C. sec. 181 et seq.,
and all regulations promulgated thereto, to:
(1) Prohibit meat packing processing firms
from owning or controlling their live animal inventory needs beyond
seven days prior to pickup or delivery; and
(2) Require meat packing processing firms
to report daily concerning the quantity, kind, and quality of
animals purchased, their purchase prices, and their places of
origin; and
(3) Require meat packing processing firms
to report weekly concerning the quantity, quality, kind, and respective
price of all products sold for each market category including:
Carcass, boxed, restaurant, export, byproduct, and pharmaceutical;
and
(4) Require meat wholesalers and distributors
to report weekly the quantity, quality, kind, and respective price
of products sold for each market category including: Carcass,
boxed, restaurant, export, tripe, and byproduct; and
(5) Prohibit meat packing processing firms
from speculative "short" selling of commodity future
contracts; and
(6) Require meat packing processing firms
to divest themselves of any producing capacity exceeding twenty
percent of total production share; and
(7) Require monthly reporting by the United
States Department of Agriculture of the retail value of all meat
and meat products and market categories, grocery sales, governmental
and institutional sales, catering and restaurant sales, and export
sales; and
(8) Lift the federal ban on federal equivalent
state inspected meats for interstate commerce, thereby allowing
state meat inspectors to inspect meats for interstate commerce;
and
(9) Require meat and meat products to
have country of origin and processor identification labels; and
(10) Prohibit the United States Department
of Agriculture from grading imported meat; and
(11) Require permanent country of origin
identification of imported livestock; and
(12) Require all imported or domestic
meat, poultry, and seafood products to be subject to the same
inspection, testing, and labeling processes and standards; and
(13) Require research for implementation
of a valuebased pricing structure for the live cattle that
reflects the premium obtained by the meat packer processors from
the high quality meat products demanded by the consumer in today's
market.
Be It Further Resolved,
That the General Assembly requests the Congressional delegation
from Colorado to:
(1) Take whatever measures are necessary to ensure the enactment, implementation, and enforcement of laws to restore competition and fair market pricing to livestock markets; and
(2) Introduce and support federal legislation
to protect livestock producers from retaliation by meat packing
processing firms due to any statement made by such livestock producers
to the United States Department of Agriculture, to law enforcement
agencies, or in a public forum regarding practices or actions
of meat packing processing firms; and
(3) Impel fullscale investigations
at the federal level of activities and practices within the United
States Department of Agriculture and other responsible agencies
concerning the gathering, reporting, and interpreting of agricultural
commodities supply data and what effect these reports historically
have had upon the cash and commodities futures markets.
Be It Further Resolved, That copies of this resolution be sent to the President of the United States, the President of the Senate and the Speaker of the House of Representatives of the United States Congress, each member of the Congressional delegation from Colorado, the Secretary of the United States Department of Agriculture, the Federal Trade Commission, the United States Department of Justice, and the Commodity Futures Trading Commission.
_______________
On motion of Representative Anderson, the House adjourned
until 9:00 a.m., January 13, 1998.
Approved:
CHARLES E. BERRY,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk