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HOUSE JOURNAL

SIXTY-FIRST GENERAL ASSEMBLY

STATE OF COLORADO

Second Regular Session

Seventeenth Legislative Day Friday, January 23, 1998

Prayer by Lt. Col. Jim Moore, Chaplain, Civil Air Patrol.

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--Representatives McPherson, Morrison, Romero--3.

Present after roll call--Representatives McPherson, Romero.

The Speaker declared a quorum present.

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On motion of Representative Bacon, the reading of the journal of January 22, 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:

HB98-1042, 1166 be postponed indefinitely.

TRANSPORTATION AND ENERGY

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

HB98-1036 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 3, strike "A NEW PARAGRAPH," and substitute "THE FOLLOWING NEW PARAGRAPHS".

Page 2, line 4, after the period, add "IF A PERSON RENEWS THE LICENSE PLATES OR IDENTIFYING PLACARD OF AND ON BEHALF OF A PERSON WITH A DISABILITY, THE PERSON RENEWING SUCH LICENSE PLATES OR PLACARD SHALL SIGN AN AFFIDAVIT ATTESTING TO THE FACT THAT THE PERSON WITH A DISABILITY IS STILL IN NEED OF THE HANDICAPPED PARKING PLATE OR PLACARD AND STATING THAT SUCH LICENSE PLATES AND PLACARD SHALL BE SURRENDERED TO THE MOTOR VEHICLE DIVISION UPON THE DEATH OF THE PERSON WITH A DISABILITY.".


HB98-1047 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

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

"SECTION 1.  Legislative declaration. (1)  The general assembly finds, determines, and declares that:

(a)  The purpose of this act is to encourage cooperation between the state and private businesses in the provision of useful information to the traveling public, not to usurp functions properly performed by the private sector nor to compete unfairly with private businesses;

(b)  The role of the department of transportation in administering this act should be as nonintrusive and evenhanded as possible consistent with the public purpose to be achieved; and, therefore,

(c)  The department shall administer this act in a competitively neutral fashion and shall, in all its dealings with private businesses pursuant to this act, follow a pro­competitive and business­friendly approach.".

Renumber succeeding sections accordingly.

Page 2, line 25, strike "identified." and substitute "identified UNLESS OTHERWISE SPECIFIED BY A CONTRACTOR IN AN AGREEMENT NEGOTIATED PURSUANT TO SECTION 43­1­1202 (1) (a) (XI).".

Page 3, line 3, strike "department." and substitute "department OR BY THE CONTRACTOR IN AN AGREEMENT NEGOTIATED PURSUANT TO SECTION 43­1­1202 (1) (a) (XI).";

line 8, after "department", insert "OR, IF SO SPECIFIED IN AN AGREEMENT NEGOTIATED PURSUANT TO SECTION 43­1­1202 (1) (a) (XI), THE CONTRACTOR,";

line 9, after the period, add "THE DEPARTMENT SHALL NOT CONDITION ELIGIBILITY FOR BUSINESS SIGNS ON THE UTILIZATION OF ANY OTHER OFF­PREMISE OUTDOOR ADVERTISING DEVICES.".

Page 4, line 2, after the period, add "THE DEPARTMENT SHALL NOT CONDITION ELIGIBILITY FOR BUSINESS SIGNS ON THE UTILIZATION OF ANY OTHER OFF­PREMISE OUTDOOR ADVERTISING DEVICES.";

line 19, after the period, add "THE DEPARTMENT MAY PROVIDE BY CONTRACT FOR PRIVATE BUSINESSES TO PAY A REASONABLE FEE TO THE DEPARTMENT TO REFLECT THE COST OF THE USE OF HIGHWAY RIGHTS­OF­WAY AND THE DEPARTMENT'S COSTS OF ADMINISTERING THE PROGRAM.".


HB98-1061 be postponed indefinitely.

HB98-1070 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 4, line 8, after "SECTION,", insert "A MOTOR VEHICLE OWNER IS ELIGIBLE FOR EXTENDED TEMPORARY REGISTRATION ONLY IF THE MOTOR VEHICLE IS VALIDLY REGISTERED IN ANOTHER STATE AT THE TIME THE APPLICATION FOR SUCH REGISTRATION IS MADE.";

line 9, strike "AN" and substitute "AN";

strike lines 20 through 25.

Reletter succeeding paragraph accordingly.

Page 6, strike lines 25 and 26.

Page 7, strike lines 1 through 14.

Renumber succeeding sections accordingly.

Page 10, line 9, strike "(6)" and substitute "(7)";

strike lines 24 through 26.

Page 11, strike lines 1 through 9 and substitute the following:

"SECTION 6.  Safety Clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

HB98-1081 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 ""COVERED" and substitute ""ELIGIBLE".

Page 2, line 2, strike ""COVERED" and substitute ""ELIGIBLE";

line 10, strike ""COVERED" and substitute ""ELIGIBLE";

line 15, strike ""COVERED" and substitute ""ELIGIBLE".

Page 3, line 6, strike ""COVERED" and substitute ""ELIGIBLE";

line 7, strike ""COVERED" and substitute ""ELIGIBLE";

line 8, strike ""COVERED" and substitute ""ELIGIBLE".

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PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed: HB98-1231.

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INTRODUCTION OF BILLS

First Reading

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

HB98-1231 by Representatives Tool, Anderson, Dean, Entz, and Sullivant; also Senators J. Johnson, B. Alexander, and Chlouber--Concerning an assistance program for school district capital construction.

Committee on Education.

HB98-1232 by Representatives S. Johnson, Epps, Gotlieb, Kaufman, Lamborn, McPherson, Musgrave, Salaz, Smith, Spradley, Tool, and T. Williams; also Senator Blickensderfer--Concerning the exemption of personal property acquired after a specified date from property taxation.

Committee on Finance.

HB98-1233 by Representative S. Johnson--Concerning boards of county commissioners' authority to publish certain financial information using the internet.

Committee on Local Government.

HB98-1234 by Representatives Allen and Anderson; also Senator Wells--Concerning the financing of public schools.

Committee on Education.

HB98-1235 by Representative Bacon; also Senator Chlouber--Concerning the regulation of industrial banks, and, in connection therewith, repealing references to the industrial bank guarantee fund and providing for parity between state and industrial banks.

Committee on Business Affairs and Labor.

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CONSIDERATION OF RESOLUTIONS

HR98-1004 by Representative Gotlieb--Congratulating the Denver Broncos on a great season and supporting them in their quest to bring the Super Bowl Trophy to Colorado.

(Printed and placed in Members' files; also printed in House Journal, January 22, 1998, pages 209-210.)

On motion of Representative Gotlieb, 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 Y

Hagedorn Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lamborn Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson E

Miller Y

Morrison E

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.

HJR98-1006 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.

(Printed and placed in Members' files; also printed in House Journal, January 14, 1998, pages 84-86.)

On motion of Representative Agler, the resolution 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 Y

Dyer Y

Entz Y

Epps YFaatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lamborn Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson E

Miller Y

Morrison E

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-sponsor added: Mr Speaker.

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House in recess. House reconvened.

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REPORTS OF COMMITTEE OF REFERENCE

FINANCE

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

HB98-1180 be postponed indefinitely.

HB98-1143 be referred to the Committee of the Whole with favorable recommendation.

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MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and transmits herewith: SJR98-3 and 4.

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LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, Consideration of General Orders (HB98-1015, 1038, 1080, 1120, 1086, 1096, 1127, 1008, 1073, 1017, 1024, 1045, 1117, 1113, 1052, 1071, 1157, 1158, 1041, 1055, 1062, 1119, 1126, 1149, 1077, 1102, 1168) was laid over until January 26, retaining place on Calendar.

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On motion of Representative Anderson, the House adjourned until 10:00 a.m., January 26, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk