Prayer by Pastor Stephen Swanson, St.
Paul's Lutheran Church, Denver.
The Speaker called the House to order at 9:00
a.m.
The roll was called with the following result:
Present--63.
Absent and excused--Representatives Adkins, Young--2.
Present after roll call--Representatives Adkins,
Young.
The Speaker declared a quorum present.
On motion of Representative Arrington, the reading of the journal of January 13, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.
JUDICIARY
After consideration on the merits, the Committee
recommends the following:
HB981002
be amended as follows, and as so amended, be referred to the Committee
of the Whole with favorable recommendation:
Amend printed bill, page 3, strike lines 19 through
26.
Strike pages 4 and 5.
Page 6, strike lines 1 through 10, and substitute
the following:
"(a) District 44: THE COUNTIES
OF CUSTER, FREMONT, AND TELLER AND THE FOLLOWING PORTIONS OF PUEBLO
COUNTY: BLOCK GROUPS 1, 2, 3, 4, AND 5 AND BLOCKS 642, 643A, 644,
645, 646, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658,
659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671,
672, 673, 674, 675, 676, 677, 678, AND 679 IN TRACT 28.04; BLOCK
GROUP 2 AND BLOCKS 101, 102, 103, 104, 105, 106, 107, 108, 109,
110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122,
123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 140,
141, 144, 145, 146, 147, 148, 149, 150, 158, 159, 160, 161, 162,
163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175,
176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188,
189, 190, 191, 192, 193, 195, 196, 197, AND 199 IN TRACT 28.06
; AND BLOCK 319 IN TRACT 28.07.
(b) District 45: THE FOLLOWING
PORTIONS OF PUEBLO COUNTY: TRACTS 9.03, 9.04, 9.05, 16, 17, 28.02,
29.03, 29.05, 33, AND 34; BLOCK GROUP 1 AND BLOCKS 201, 202, 203,
204, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307,
308, AND 309 IN TRACT 1; BLOCKS 101, 102, 103, 104, 105, 106,
107, 108, 109, 110, 111, 112, 113, 114, 117, 118, 120, 209, 212,
213, 214, 215, 216, 217, 218, 219, 220, 221, 223, 224, 225, 226,
301, 302, 303, AND 304 IN TRACT 4; BLOCKS 101, 102, 103, 104,
105, 106, 107, 108, 109, 111, 112, 116, 121, 122, 123, 140, 141,
224, 301, 308, 309, 318, 319, 322, 323, 401, 402, 405, 406, 407,
408, 409, 410, 411, 412, 413, 414, 415, 416, 418, AND 421 IN TRACT
5; BLOCK GROUPS 2, 3, AND 4 AND BLOCKS 101, 102, 103, 104, 106,
124, 125, 126, 127, 128, AND 129 IN TRACT 9.02; BLOCK 101B IN
TRACT 13; BLOCKS 101, 102, 103, 104, 105, 106, 107, 108, 109,
110, 111, 112, 204, 212, 213, 220, 224, 225, 226, 227, AND 228
IN TRACT 15; BLOCK GROUPS 1 AND 2 AND BLOCKS 301, 302, 303, 304,
305, 306, 307, 310, 311, 312, 313, AND 316 IN TRACT 18; BLOCKS
106, 107, 108, AND 114 IN TRACT 19; BLOCKS 135, 136, 137, 138,
139, AND 194 IN TRACT 28.06; THAT PART OF TRACT 28.07 THAT IS
NOT IN DISTRICT 44; BLOCK GROUPS 1, 2, 4, 5, 6, 7, 8, AND 9 AND
BLOCKS 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311,
312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324,
325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337,
338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350,
351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 365,
366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378,
379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391,
392, 393, 394, 395, 396, 397, 399B, 699A, AND 799 IN TRACT 29.04;
BLOCK GROUP 2 AND BLOCKS 101A, 102, 103, 104, 105, 106, 107, 109,
110, 299A, 299B, AND 299C IN TRACT 30.01; BLOCKS 101, 102, 103,
104, 105, 106, 107, 108, 109, 111A, 111B, 112, 113, 114, 115,
116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128,
129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141,
142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154,
155, 156, 157, 158, 159, 160, 161A, 161B, 162, 163, 166, 167,
199A, AND 199B IN TRACT 30.03; BLOCKS 102A, 102B, 102C, 103A,
103B, 104, 105, 106, 107, 108, 109, AND 110 IN TRACT 30.04; BLOCK
GROUPS 1 AND 3 AND BLOCKS 201, 202, 203, 204, 205, 206, 207, 208,
209, 212, 223, 224, 225, 226, 227, 228, 401, 402, 404, 405, 406,
407, 408, 409, 410, 411, 412, 413, 415, 416, 901, 902, 903, 904,
905, 906, 910, 911, 912, 913, 914, 915, 920, 922, 923, 925, AND
999C IN TRACT 31.01; BLOCK GROUPS 1, 3, AND 7 AND BLOCKS 201,
203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215,
216, 217, 220, 222, 224, AND 225 IN TRACT 31.02; AND BLOCKS 101,
102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,
115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127,
128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 143, 144,
145, 146, 147, 148, 149, 150, 151, 152, 155, 156, 157, 164, 165,
166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178,
179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191,
192, 193, 194, 195, 196, 197, 199A., 199B, 199C, AND 199D IN TRACT
32.
(c) District 46: THE FOLLOWING
PORTIONS OF PUEBLO COUNTY: TRACTS 2, 3, 6, 7, 14, 22, 23, 24,
25, 26, 27, 28.01, 28.08, AND 29.01; THOSE PARTS OF TRACTS 1,
4, 5, 15, 18, 19, AND 29.04 THAT ARE NOT IN DISTRICT 45; BLOCK
GROUP 1 AND BLOCKS 201, 202, 203, 204, 205, 206, 207, 208, 209,
210, 211, 212, 213, 216, 217, 219, 401, 402, 407, 412, 413, 417,
418, 419, 420, 421, AND 422 IN TRACT 8; BLOCK GROUPS 2 AND 3 IN
TRACT 13; BLOCK GROUPS 3, 4, AND 5 AND BLOCKS 208, 209, 210, 211,
212, 213, AND 215 IN TRACT 20; BLOCK GROUPS 2 AND 3 AND BLOCKS
102, 103, 104, 105, 106A, 106B, 110, AND 113 IN TRACT 21; AND
THAT PART OF TRACT 28.06 THAT IS NOT IN DISTRICT 44 OR 45.".
Page 7, line 15, strike "CONEJOS" and
substitute "ALAMOSA, CONEJOS,";
line 16, strike "ALAMOSA,";
strike lines 18 through 26.
Page 8, strike line 1;
line 2, strike "(II)" and substitute "(I)";
line 4, strike "(III)" and substitute "(II)";
line 9, strike "(IV)" and substitute "(III)".
Page 9, line 6, strike "(V)" and substitute
"(IV)";
line 18, strike "ALAMOSA,";
strike line 19;
line 20, strike "(II)" and substitute "(I)";
line 21, strike "(III)" and substitute
"(II)";
line 23, strike "(IV)" and substitute "(III)".
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee
recommends the following:
HB981043
be amended as follows, and as so amended, be referred to the Committee
of the Whole with favorable recommendation:
Amend printed bill, page 4, strike lines 10 through 19;
Renumber succeeding sections accordingly.
Page 4, strike line 23, and substitute "1255103.5.
Training. THE OFFICE OF THE".
Page 5, strike lines 2 through 7.
Page 6, strike lines 22 through 26.
Page 7, strike lines 1 through 7.
Renumber succeeding sections accordingly.
HB98-1063 be referred
to the Committee on Appropriations with favorable recommendation.
HB98-1121 be referred
to the Committee of the Whole with favorable recommendation.
HB98-1136 be postponed indefinitely.
______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB98-1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, and 1185; also HCR98-1002 and 1003.
______________
INTRODUCTION OF BILLS
First Reading
The following bills have read by title and referred
to the committees indicated:
HB98-1208 by Representatives S. Williams, Bacon, and Keller--Concerning the exception of school psychologists and school social workers from certain teacher licensing examination requirements.
Committee on Education.
HB98-1209 by Representatives Young, K. Alexander, and Allen; also Senator Rizzuto--Concerning education reform.
Committee on Education.
HB98-1210 by Representatives Tupa, Epps, Clarke, and S. Williams; also Senator Wham--Concerning the infant immunization tracking system.
Committee on Health, Environment, Welfare and Institutions.
HB98-1211 by Representative Chavez; also Senator Lacy--Concerning a requirement that local licensing authorities consider the concerns of the neighborhood as a factor when reviewing liquor license applications.
Committee on Local Government.
HB98-1212 by Representative George; also Senator Bishop--Concerning state revenues in excess of the constitutional limitation on state fiscal year spending, and, in connection therewith, submitting a ballot question to voters statewide to authorize the state to annually retain an amount of such excess revenues not to exceed two hundred fifty million dollars for a period of five fiscal years to be used for certain governmental purposes and providing for a temporary state income tax rate reduction for the purpose of refunding state excess revenues that voters have not authorized the state to retain.
Committee on Finance.
HB98-1213 by Representative Swenson--Concerning mandating that motor vehicle owners comply with insurance requirements prior to registering a motor vehicle in Colorado.
Committee on Transportation and Energy.
HB98-1214 by Representative K. Alexander; also Senator Ament--Concerning the exemption of farm equipment from state sales and use tax.
Committee on Finance.
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.
Committee on Judiciary.
HB98-1216 by Representative Paschall; also Senator B. Alexander--Concerning collaborative drug therapy agreements between physicians and pharmacists.
Committee on Business Affairs and Labor.
HB98-1217 by Representative T. Williams--Concerning the regulation of the practice of pharmacy by the state board of pharmacy, and, in connection therewith, regulating the supervision of nonpharmacist personnel by pharmacists and allowing the state board of pharmacy to impose fines against licensees for violations of statutes regulating pharmacists.
Committee on Business Affairs and Labor.
HB98-1218 by Representative Tupa; also Senators Rizzuto and Wattenberg--Concerning fermented malt beverages, and, in connection therewith, enacting the "Drinking Responsibility Act of 1998" and authorizing the issuance of provisional drinking permits to certain persons who are eighteen years of age or older.
Committee on State, Veterans, and Military Affairs.
HB98-1219 by Representative Clarke--Concerning requirements for the issuance of state identification cards by the department of revenue to disabled persons.
Committee on Health, Environment, Welfare and Institutions.
HB98-1220 by Representative Taylor; also Senator Wattenberg--Concerning the regulation of plumbers by the board of plumbing examiners.
Committee on Business Affairs and Labor.
HB98-1221 by Representative Kaufman--Concerning a process for attorney general review of significant transactions effecting the transfer of assets or control of a hospital.
Committee on Health, Environment, Welfare and Institutions.
HB98-1222 by Representatives S. Johnson, Bacon, Kaufman, Morrison, Gotlieb, Swenson, and Tupa; also Senator Reeves--Concerning the creation of a "no sales solicitation calls list" through the office of consumer counsel in the department of regulatory agencies, and, in connection therewith, making enforcement of violations thereof subject to the "Colorado Consumer Protection Act" and making an appropriation.
Committee on State, Veterans, and Military Affairs.
Committee on Appropriations.
HB98-1223 by Representative Tate; also Senator Matsunaka--Concerning the augmentation of civil penalties for violations of the Colorado employment discrimination laws.
Committee on Judiciary.
HB98-1224 by Representative Lawrence; also Senator Arnold--Concerning bail recovery, and, in connection therewith, prohibiting 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.
Committee on Judiciary.
HB98-1225 by Representative Epps; also Senator Wham--Concerning adjustment of the fee for the physicians' and physician assistants' peer health assistance program.
Committee on Health, Environment, Welfare and Institutions.
HB98-1226 by Representative Adkins--Concerning limitations on the provision of health education.
Committee on State, Veterans, and Military Affairs.
INTRODUCTION OF RESOLUTION
The following resolution was read by title and referred
to the committee indicated:
HJR98-1006 by Representatives Agler, Grampsas, Owen, Romero, and Pfiffner; also Senators Coffman, Lacy, Blickensderfer, and Rizzuto--Concerning the revenue estimate for the 1998-99 fiscal year.
Committee on Finance.
WHEREAS, The general assembly is required by section
2475201.3, Colorado Revised Statutes, to make an annual
certification of its estimate of general fund revenues for the
next fiscal year to the controller; and
WHEREAS, Gross general fund revenues for the 199899 fiscal year, as estimated in this resolution, have already been obligated by law as follows:
(1) $50,316,635 for transfer to the capital
construction fund pursuant to section 2475302 (2)
(k), Colorado Revised Statutes;
(2) Amounts required by statute to be
used for: Payments to local governments based on state cigarette
tax collections; property tax and heat or fuel expense grants;
and payments to the fire and police members' benefit fund; and
WHEREAS, Under current law, general fund revenues
must be used first to fund the obligations set forth above, second
to fund appropriations for the executive, legislative, and judicial
departments, and third to fund the reserve mandated by section
2475201.1 (1) (d), Colorado Revised Statutes; and
WHEREAS, The general assembly recognizes that new
programs can be funded from the general fund only after these
three priorities are satisfied; and
WHEREAS, If appropriate statutes are amended, additional
general fund revenues could be realized; and
WHEREAS, The estimate of general fund revenues certified
in this resolution does not include the balance carried forward
from the 199798 fiscal year; and
WHEREAS, The general assembly intends to make an
annual certification of its estimate of the allowable state fiscal
year spending amount under section 20 of article X of the state
constitution and its estimate of the total allowable state general
fund appropriations under section 2475201.1, Colorado
Revised Statutes; and
WHEREAS, In accordance with the provisions of article
77 of title 24, Colorado Revised Statutes, the estimate of the
allowable state fiscal year spending amount for the 199899
fiscal year under said provisions will be based upon the following
conclusions:
(1) For the 199798 fiscal year,
the state fiscal year spending is $6,866.6 million;
(2) The percentage of allowable increase
in state fiscal year spending for the 199899 fiscal year
is estimated to be 5.4 %; and
WHEREAS, In accordance with the provisions of section
2475201.1, Colorado Revised Statutes, the estimate
of the allowable state general fund appropriations for the 199899
fiscal year will be based upon the following conclusions:
(1) State general fund appropriations
for the 199798 fiscal year, prior to the enactment of any
supplemental appropriations during the 1998 regular session, are
$4,424.2 million;
(2) The allowable increase in state general fund appropriations for the 199899 fiscal year is the cost of reappraisal of taxable property for property tax purposes as required by section 391105.5, Colorado Revised Statutes, plus 6% of the 199798 state general fund appropriations; and
WHEREAS, The revenue estimate and the estimates of
spending made pursuant to this resolution are made for the purpose
of providing direction and guidance to the joint budget committee
in the preparation of the 199899 general appropriation act
and does not affect the ability of the general assembly to make
spending decisions in the general appropriation act; and
WHEREAS, The revenue estimate and the estimates of
spending made pursuant to this resolution may be adjusted if additional
relevant information is received by the general assembly after
the adoption thereof; and
WHEREAS, For purposes of section 39 of article V of the state constitution, this resolution relates solely to the transaction of business of the two houses of the general assembly; 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, in accordance with section 2475201.3,
Colorado Revised Statutes, the general assembly hereby certifies
to the controller of the state of Colorado that the estimate of
gross general fund revenues for the fiscal year beginning July
1, 1998, is $5,393.2 million. The general assembly further certifies
that the estimate of the allowable state fiscal year spending
amount for the fiscal year beginning July 1, 1998, under section
20 of article X of the state constitution and article 77 of title
24, Colorado Revised Statutes, is $7,237.4 million and the estimate
of the allowable state general fund appropriations for the fiscal
year beginning July 1, 1998, under section 2475201.1,
Colorado Revised Statutes, is $4,689.7 million.
Be It Further Resolved, That a copy of this Resolution be transmitted to the controller of the state of Colorado, Clifford W. Hall.
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Salaz, Consideration of General Orders (HB98-1016, 1074, 1078) was laid over until January 15, retaining place on Calendar.
_______________
On motion of Representative Salaz, the House adjourned
until 9:00 a.m., January 15, 1998.
Approved:
CHARLES E. BERRY,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk