Prayer by Father Ed Judy, Samaritan House, Denver.

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

The roll was called with the following result:

Present--60.

Absent and excused--Representatives Adkins, C.Berry, Entz, Gordon--4.

Absent--Representative May--1.

Present after roll call--Representatives Gordon, May.

The Speaker declared a quorum present.

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On motion of Representative Arrington, the reading of the journal of January 15, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

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REPORTS OF COMMITTEES OF REFERENCE

BUSINESS AFFAIRS AND LABOR

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

HB98-1038. 1080 be referred to the Committee of the Whole with favorable recommendation.

HB98-1060 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, line 14, strike "Director ­ duties." and substitute "Director ­ duties ­ assisting commission ­ informal public hearings.".

Page 4, strike line 4 and substitute the following:

"(2)  IN ADDITION TO CONDUCTING FORMAL PUBLIC HEARINGS AS PROVIDED IN THIS TITLE, THE COMMISSION MAY CONDUCT OR MAY AUTHORIZE THE DIRECTOR OR THE DIRECTOR'S DESIGNEE";

line 11, after "DIRECTOR'S", insert "OR DESIGNEE'S".

Page 28, after line 8, insert the following:

"SECTION 26.  40­6­110, Colorado Revised Statutes, is amended to read:

40­6­110.  Complaint by utility ­ grounds ­ expedited process. (1)  Any public utility has a right to complain on any grounds upon which complaints are allowed to be filed by other parties, and the same procedure shall be adopted and followed as in other cases.

(2) (a)  IN ADDITION TO THE GROUNDS FOR COMPLAINT PROVIDED IN SUBSECTION (1) OF THIS SECTION, A PROVIDER OF TELECOMMUNICATIONS SERVICE MAY COMPLAIN AGAINST A LOCAL EXCHANGE PROVIDER ON ANY OF THE GROUNDS LISTED IN SECTION 40­15­105.5.

(b)  AT THE REQUEST OF THE PARTY FILING A COMPLAINT AND ONLY UPON THE APPROVAL OF THE COMMISSION, A COMPLAINT MAY BE HEARD AND DECIDED UNDER AN EXPEDITED PROCESS IN LIEU OF THE PROCESS PROVIDED IN THIS ARTICLE. SUCH EXPEDITED PROCESS SHALL BE SUBSTANTIALLY SIMILAR TO THE PROCESS PROVIDED IN THIS ARTICLE, WITH THE FOLLOWING EXCEPTIONS:

(I)  THE PROVIDER COMPLAINED AGAINST SHALL ANSWER THE COMPLAINT WITHIN SEVEN DAYS OF THE COMMISSION SERVING NOTICE THAT THIS EXPEDITED PROCESS IS APPLICABLE, UNLESS SUCH OTHER TIME FOR AN ANSWER IS ESTABLISHED.

(II)  A HEARING ON THE COMPLAINT SHALL COMMENCE WITHIN THIRTY DAYS AFTER FILING OF THE COMPLAINT.

(III)  A WRITTEN, RECOMMENDED DECISION SHALL BE ISSUED WITHIN FIFTEEN DAYS AFTER THE CONCLUSION OF THE HEARING.

(IV)  A WRITTEN, RECOMMENDED DECISION OF AN ADMINISTRATIVE LAW JUDGE OR INDIVIDUAL COMMISSIONER SHALL BECOME FINAL IF NO EXCEPTIONS ARE FILED WITHIN SEVEN DAYS AFTER SERVICE UPON THE PARTIES. IF EXCEPTIONS ARE FILED OR IF, WITHIN SEVEN DAYS AFTER ISSUANCE OF THE WRITTEN RECOMMENDED DECISION, THE COMMISSION TAKES UP THE MATTER ON ITS OWN MOTION, THE COMMISSION SHALL ISSUE ITS FINAL DECISION WITHIN FIFTEEN DAYS THEREAFTER. RESPONSES TO EXCEPTIONS SHALL BE FILED WITHIN THREE BUSINESS DAYS AFTER SERVICE OF THE EXCEPTIONS.

(V)  IN ADDITION TO ALL OTHER REMEDIES AND PENALTIES PROVIDED BY LAW, THE RELIEF GRANTED MAY BE IN THE FORM OF AN ORDER TO CEASE AND DESIST FROM THE PRACTICE COMPLAINED OF OR TO AFFIRMATIVELY TAKE ACTION AS PRESCRIBED IN THE DECISION.

(VI)  AT OR BEFORE THE TIME FOR FILING THE ANSWER, THE PARTIES MAY AGREE TO BINDING ARBITRATION, WHICH SHALL BE CONDUCTED IN ACCORDANCE WITH ARTICLE 22 OF TITLE 13, C.R.S.; EXCEPT THAT:

(A)  ANY SUCH ARBITRATION SHALL BE CONCLUDED WITHIN SIXTY DAYS AFTER FILING OF THE COMPLAINT; AND

(B)  A WRITTEN NOTICE OF THE AGREEMENT TO ARBITRATE, SIGNED BY THE PARTIES AND FILED WITH THE COMMISSION, SHALL BE SUFFICIENT TO MEET THE REQUIREMENTS OF SECTION 13­22­203, C.R.S.".

Renumber succeeding sections accordingly.

Page 31, after line 2, insert the following:

"SECTION 28.  Article 6 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

40­6­112.5. Attorney fees. (1)  SUBJECT TO THE PROVISIONS OF THIS SECTION, IN ANY PROCEEDING UNDER THIS ARTICLE, THE COMMISSION MAY AWARD, AS PART OF ITS DECISION AND IN ADDITION TO ANY COSTS OTHERWISE ASSESSED, REASONABLE ATTORNEY FEES.

(2)  SUBJECT TO THE PROVISIONS OF THIS SECTION, IN ANY PROCEEDING UNDER THIS ARTICLE, THE COMMISSION SHALL AWARD, BY WAY OF DECISION OR SEPARATE ORDER, REASONABLE ATTORNEY FEES AGAINST ANY ATTORNEY OR PARTY WHO HAS BROUGHT OR DEFENDED A COMPLAINT OR OTHER MATTER REQUIRING ACTION BY THE COMMISSION, EITHER IN WHOLE OR IN PART, THAT THE COMMISSION DETERMINES LACKED SUBSTANTIAL JUSTIFICATION.

(3)  WHEN THE COMMISSION DETERMINES THAT REASONABLE ATTORNEY FEES SHOULD BE ASSESSED, IT SHALL ALLOCATE THE PAYMENT THEREOF AMONG THE OFFENDING ATTORNEYS AND PARTIES, JOINTLY OR SEVERALLY, AS IT DEEMS MOST JUST, AND MAY CHARGE SUCH AMOUNT, OR PORTION THEREOF, TO ANY OFFENDING ATTORNEY OR PARTY.

(4)  THE COMMISSION SHALL ASSESS ATTORNEY FEES IF, UPON THE MOTION OF ANY PARTY OR THE COMMISSION ITSELF, IT FINDS THAT AN ATTORNEY OR PARTY BROUGHT OR DEFENDED A COMPLAINT OR OTHER MATTER, OR ANY PART THEREOF, THAT LACKED SUBSTANTIAL JUSTIFICATION OR THAT THE COMPLAINT OR OTHER MATTER, OR ANY PART THEREOF, WAS INTERPOSED FOR DELAY OR HARASSMENT OR IF IT FINDS THAT AN ATTORNEY OR PARTY UNNECESSARILY EXPANDED THE PROCEEDING BY OTHER IMPROPER CONDUCT, INCLUDING, BUT NOT LIMITED TO, THE PROMULGATION OF PLEADINGS, RESPONSES, OR DISCOVERY REQUESTS THAT LACKED SUBSTANTIAL JUSTIFICATION. AS USED IN THIS SECTION, "LACKED SUBSTANTIAL JUSTIFICATION" MEANS SUBSTANTIALLY FRIVOLOUS, SUBSTANTIALLY GROUNDLESS, OR SUBSTANTIALLY VEXATIOUS, AND SHALL BE CONSTRUED IN ACCORDANCE WITH COURT DECISIONS CONSTRUING SECTION 13­17­102, C.R.S.

(5)  NO ATTORNEY FEES SHALL BE ASSESSED IF, AFTER FILING OF A COMPLAINT OR OTHER PLEADING, A VOLUNTARY DISMISSAL IS FILED AS TO ANY SUCH PLEADING WITHIN A REASONABLE TIME AFTER THE ATTORNEY OR PARTY FILING THE DISMISSAL KNEW, OR REASONABLY SHOULD HAVE KNOWN, THAT HE OR SHE WOULD NOT PREVAIL ON THE MATTER ASSERTED IN THE PLEADING.

(6)  NO PARTY WHO IS APPEARING WITHOUT AN ATTORNEY SHALL BE ASSESSED ATTORNEY FEES UNLESS THE COMMISSION FINDS THAT THE PARTY CLEARLY KNEW OR REASONABLY SHOULD HAVE KNOWN THAT HIS OR HER COMPLAINT OR OTHER PLEADING OR RESPONSE, OR ANY PART THEREOF, LACKED SUBSTANTIAL JUSTIFICATION; EXCEPT THAT THIS SUBSECTION (6) SHALL NOT APPLY TO SITUATIONS IN WHICH AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE IS APPEARING WITHOUT AN ATTORNEY, IN WHICH CASE, HE OR SHE SHALL BE HELD TO THE STANDARDS ESTABLISHED FOR ATTORNEYS BY OTHER PROVISIONS OF LAW.

(7)  NO ATTORNEY OR PARTY SHALL BE ASSESSED ATTORNEY FEES AS TO ANY PLEADING OR RESPONSE WHICH THE COMMISSION DETERMINES WAS ASSERTED BY SAID ATTORNEY OR PARTY IN A GOOD FAITH ATTEMPT TO ESTABLISH A NEW THEORY OF LAW IN COLORADO.".

Renumber succeeding sections accordingly.

Page 35, line 2, strike "TARIFF" and substitute "TARIFF, PRICE LIST, OR RATE SCHEDULE";

after line 11, insert the following:

"(g)  ANY LOCAL EXCHANGE PROVIDER WHO VIOLATES SECTION 40­15­105.5 OR ANY ORDER, DECISION, DECREE, DIRECTION, DEMAND, OR REQUIREMENT OF THE COMMISSION, OTHER THAN AN ORDER FOR THE PAYMENT OF MONEY, ISSUED PURSUANT TO SECTION 40­15­105.5 MAY BE ASSESSED A FINE OF NOT MORE THAN TWENTY­FIVE THOUSAND DOLLARS FOR EACH VIOLATION.".

Reletter succeeding paragraphs accordingly.

Page 35, line 14, strike "(f)" and substitute "(g)".

Page 47, strike lines 9 through 26.

Strike pages 48 through 59.

Page 60, strike lines l through 6 and substitute the following:

"SECTION 51.  Part 1 of article 15 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

40­15­105.5.  Anticompetitive practices by local exchange providers ­ orders for emergency relief. (1)  THE PROHIBITIONS CONTAINED IN THIS SECTION ARE CUMULATIVE WITH, AND DO NOT SUPERSEDE, THE PROHIBITIONS CONTAINED IN OTHER PROVISIONS OF THIS PART 1, INCLUDING ,WITHOUT LIMITATION, THOSE OF SECTIONS 40­15­105, 40­15­106, AND 40­15­109.

(2)  AS USED IN THIS SECTION, THE TERMS "UNBUNDLED NETWORK ELEMENTS" AND "FACILITIES", TOGETHER WITH THE CONDITIONS, DUTIES, AND OBLIGATIONS ASSOCIATED THEREWITH, ARE USED AND SHALL BE CONSTRUED IN AGREEMENT WITH THE FEDERAL "TELECOMMUNICATIONS ACT OF 1996", PUBLIC LAW 104­104, EFFECTIVE FEBRUARY 8, 1996, AND WITH RELEVANT RULES OF THE COMMISSION.

(3)  NO LOCAL EXCHANGE PROVIDER SHALL, WITH RESPECT TO ANOTHER PROVIDER OF TELECOMMUNICATIONS SERVICE:

(a)  UNREASONABLY DELAY, DENY, OR REQUEST ANY OF THE FOLLOWING:

(I)  INTERCONNECTION WITH SUCH OTHER PROVIDER OR ACCESS FOR INTERCONNECTION WITH SUCH OTHER PROVIDER;

(II)  TRANSFER OF CUSTOMER SERVICE;

(III)  ACCESS TO UNBUNDLED NETWORK ELEMENTS, FACILITIES, OR RETAIL TELECOMMUNICATIONS SERVICES THAT ARE SOUGHT FOR THE PURPOSE OF RESALE;

(IV)  NECESSARY INFORMATION AS SET FORTH BY THE PUBLIC UTILITIES COMMISSION REQUESTED FOR THE PURPOSE OF INTERCONNECTION OR RESALE, INCLUDING, WITHOUT LIMITATION, TECHNICAL SPECIFICATIONS AND INFORMATION CONCERNING THE STATUS OF INTERCONNECTION, UNBUNDLED NETWORK ELEMENTS, AND RESOLD SERVICES;

(b)  IMPAIR THE SPEED, QUALITY, OR EFFICIENCY OF SERVICES AND UNBUNDLED NETWORK ELEMENTS USED BY OTHER PROVIDERS;

(c)  VIOLATE THE TERMS OR DELAY THE IMPLEMENTATION OF ANY FEDERAL OR STATE STATUTE OR ANY REQUIREMENT OF AN ORDER OF THE COMMISSION OR OF ANY COURT; OR

(d)  DISCRIMINATE IN FAVOR OF ITSELF, ITS AFFILIATES, OR ANOTHER PROVIDER IN THE PROVISION OF ANY TELECOMMUNICATIONS SERVICE OR ANY UNBUNDLED NETWORK ELEMENT OR FACILITY RELATED TO THE PROVISION OF TELECOMMUNICATIONS SERVICE.".

Renumber succeeding sections accordingly.

Page 60, line 22, strike "features." and substitute "features AND NOT A VAN OR A CONVERTED VAN.";

strike line 24 and substitute "vehicle AUTOMOBILE is a luxury limousine, it may determine if such vehicle AUTOMOBILE is a luxury".

Page 66, after line 19, insert the following:

"SECTION 58.  Repeal.  40­27­106 (5), Colorado Revised Statutes, is repealed as follows:

40­27­106.  Engineer to notify agent ­ inspection. (5)  Should the animal be so badly injured that it is in great suffering and cannot live or recover, it is the duty of either the stock inspector or the section foreman upon inspection to immediately kill the animal. If through any cause such an authorized inspector does not appear to inspect such animal so killed within thirty­six hours after such killing, it is the duty of the section foreman to remove the hide of said animal and preserve the same until it has been inspected by such inspector, and thereafter the carcass of such animal shall be disposed of by the railroad company, without prejudice to its rights, in such manner as it may determine.

SECTION 59.  Repeal.  40­27­108 (2), Colorado Revised Statutes, is repealed as follows:

40­27­108.  Notification of owner and claim agent. (2)  Should the secretary be unable to determine from the description furnished by the stock inspector the owner or probable owner of such animal so killed or injured, he shall cause an advertisement to be placed in a newspaper published in the county where said killing or wounding occurred, describing the animal so killed or injured, giving the marks or brands appearing on said animal, if any, and notifying the owner to appear within six months of the date of such killing or injuring and make claim for said animal. Said advertisement shall appear for two consecutive weeks and the cost of same shall not exceed two dollars for any one animal. The cost of such advertisement shall be paid out of the brand inspection fund of the state board of stock inspection commissioners and shall be deducted from the amount of damages that may be awarded against the railway company or corporation. Should no claim be made for any animal so advertised, the cost of such advertising shall be paid by the railroad company responsible for such killing or injuring and shall be deposited in the brand inspection fund of said board.".

Renumber succeeding sections accordingly.

HB98-1067 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 2, line 23, strike "before January 1, 1995," and substitute "before January 1, 1995,".

Page 4, line 26, strike "(5) (h)" and substitute "(5) (g), (5) (h),".

Page 5, strike line 3 and substitute the following:

"8-76-104.  Successor employer. (5) (g)  The transfer of experience with respect to a segregable unit shall be of no force and effect unless an application for such transfer, signed by both the predecessor employer and the successor, is filed with the division. Such application shall be filed within thirty SIXTY days after the date of transfer NOTICE OF EMPLOYER LIABILITY FROM THE DIVISION IS MAILED TO THE SUCCESSOR EMPLOYER. SUCH NOTICE SHALL CONTAIN INFORMATION PERTAINING TO SEGREGABLE UNIT TRANSFERS.

(5) (h)  When any part of the".

FINANCE

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

HB98-1120 be referred to the Committee of the Whole with favorable recommendation.

LOCAL GOVERNMENT

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

HB98-1086, 1096, 1127 be referred to the Committee of the Whole with favorable recommendation.

TRANSPORTATION AND ENERGY

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

HB98-1008 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

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

"SECTION 1.  42­2­107 (1), Colorado Revised Statutes, is amended to read:

42­2­107.  Application for license or instruction permit ­ anatomical gifts ­ donations to organ and tissue donation awareness fund ­ legislative declaration. (1) (a)  Every application for an instruction permit or for a driver's, minor driver's, or provisional driver's license shall be made upon forms furnished by the department. Every application shall be accompanied by the required fee. The fee for an application for any instruction permit shall be ten dollars. Every applicant shall submit, with the application, proof of age or proof of identity, or both, as the department may require.

(b)  AN APPLICANT WHO SUBMITS PROOF OF AGE OR PROOF OF IDENTITY ISSUED BY AN ENTITY OTHER THAN A STATE OR THE UNITED STATES SHALL ALSO SUBMIT SUCH PROOF OF LEGAL PRESENCE IN THE UNITED STATES AS THE DEPARTMENT MAY REQUIRE.

SECTION 2.  42­2­122 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

42­2­122.  Department may cancel license ­ provisional license for physical or mental limitations. (1)  The department has the authority to cancel, deny, or deny the reissuance of any driver's, minor driver's, or provisional driver's license upon determining that the licensee was not entitled to the issuance thereof for any of the following reasons:

(f)  THE PERSON'S PRESENCE IN THE UNITED STATES IS IN VIOLATION OF FEDERAL IMMIGRATION LAWS.".

Renumber succeeding sections accordingly.

HB98-1013 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, line 1, strike "SUBSEQUENT" and substitute "SECOND";

after line 4, insert the following:

"(c)  ANY PERSON WHO COMMITS A THIRD OR SUBSEQUENT VIOLATION OF SUBSECTION (1) OF THIS SECTION WITHIN A TWELVE­MONTH PERIOD SHALL BE SUBJECT TO AN INCREASED PENALTY PURSUANT TO SECTION 42­4­1701 (4) (a) (I) (N).".

Page 4, strike lines 15 and 16 and substitute the following:

"42­4­1414 (2) (a) 500.00 60.00

42­4­1414 (2) (b) 1,000.00 120.00

42­4­1414 (2) (c) 5,000.00 600.00".

Page 5, after line 10, insert the following:

"SECTION 5. Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the highway users tax fund not otherwise appropriated, to the department of revenue, for allocation to the division of motor carrier services, for the fiscal year beginning July 1, 1998, the sum of one hundred twelve thousand seven hundred sixty three dollars ($112,763) and 3.9 FTE, or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

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

HB98-1026 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 2, line 22, strike "FARE OR OCCUPIES, RIDES IN, OR USES A PUBLIC", and substitute "FARE.";

strike lines 23 and 24.

HB98-1073 be referred to the Committee of the Whole with favorable recommendation.

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LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, Consideration of General Orders (HB98-1016, 1074, 1078, 1031, 1084, 1022, 1035, 1056, 1002, 1043, 1121) was laid over until January 19, retaining place on Calendar.

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On motion of Representative Anderson, the House adjourned until 10:00 a.m., January 19, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk