Prayer by the Reverend Bill Haan, Englewood
Bible Church.
The Speaker called the House to order at 10:00
a.m.
The roll was called with the following result:
Present--63.
Absent and excused--Representative Keller--1.
Absent--Representative Tupa--1.
Present after roll call--Representative Tupa.
The Speaker declared a quorum present.
_______________
On motion of Representative G. Berry, the reading of the journal of January 23, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEES OF REFERENCE
APPROPRIATIONS
After consideration on the merits, the Committee
recommends the following:
HB98-1060 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend the Business Affairs and Labor Committee Report,
dated January 13, 1998, page 1, after line 8, insert the following:
"Page 5, strike lines 22 through 26 and substitute
the following:
"(2.5) Every towing carrier which has been issued
a permit pursuant to section 40-13-103 shall pay an annual identification
fee of five dollars to the commission for each towing vehicle
said carrier owns, controls, operates, or manages. Said fees shall
be valid for the period of February
1 through January 31 JANUARY 1 AND
DECEMBER 31 of the following year and shall be valid only for
those specific vehicles for which the fee has been paid.".
Page 6, strike line 1.".
Page 4, after line 26, insert the following:
"Page 31, strike line 8, and substitute the
following:
"(3), a towing carrier as defined in section
40-13-101 (3), those motor";
strike lines 25 and 26, and substitute the following:
"(d) Any person who operates a motor vehicle
for hire as a towing carrier without first having obtained a permit
from the commission as required by section 40-13-103 may be assessed
a civil penalty of not more than four hundred dollars.".
Page 32, strike lines 1 and 2;
line 5, strike "13,
14, and" and substitute "13,
14, and";
line 8, strike "relating
to towing carriers" and substitute
"relating to towing carriers".".
Page 7, strike line 24 and substitute the following:
"deposited in the
brand inspection fund of said board."
SECTION 60. No appropriation.
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.".".
JUDICIARY
After consideration on the merits, the Committee
recommends the following:
HB98-1034 be postponed
indefinitely.
HB981179
be amended as follows, and as so amended, be referred to the Committee
of the Whole with favorable recommendation:
Amend printed bill, page 5, line 12, strike "DAYS."
and substitute "DAYS;";
after line 12, insert the following:
"(e) PROVIDE SUCH OTHER RELIEF AS
THE COURT DEEMS APPROPRIATE AND NECESSARY TO PREVENT DOMESTIC
ABUSE.";
strike lines 21 through 26.
Page 6, strike line 1.
Reletter succeeding paragraphs accordingly.
Page 6, after line 11, insert the following:
"(6) THE PROVISIONS OF THIS ARTICLE
SHALL NOT APPLY TO ANY CLAIM OF DOMESTIC ABUSE AGAINST A PERSON
UNDER EIGHTEEN YEARS OF AGE. SUCH CLAIMS SHALL BE ADDRESSED BY
THE JUVENILE COURT PURSUANT TO SECTION 192707, C.R.S.";
strike lines 24 and 25, and substitute the following:
"(2) A COMPLAINT OR MOTION FOR A
TEMPORARY CIVIL RESTRAINING ORDER TO PREVENT EMOTIONAL ABUSE OF
THE ELDERLY, AS DESCRIBED IN SECTION 131.3103 (3),
OR TO PREVENT DOMESTIC ABUSE, AS DESCRIBED IN SECTION 131.3103
(4), SHALL BE SET DOWN FOR HEARING AT THE EARLIEST POSSIBLE TIME
AND SHALL TAKE PRECEDENCE OVER ALL MATTERS EXCEPT THOSE MATERS
OF THE SAME CHARACTER THAT HAVE BEEN ON THE COURT DOCKET FOR A
LONGER PERIOD OF TIME. ALL OTHER COMPLAINTS OR MOTIONS FOR A TEMPORARY
CIVIL RESTRAINING ORDER SHALL BE EXPEDITIOUSLY RESOLVED. EXCEPT
AS".
Page 7, line 1, strike "A TEMPORARY" and
substitute "ANY TEMPORARY CIVIL";
line 14, strike "PARAGRAPHS (b)" and substitute
"THIS SUBSECTION (4).";
strike line 15.
Page 8, after line 6, insert the following:
"(d) A COURT SHALL NOT GRANT A MUTUAL
CIVIL RESTRAINING ORDER TO PREVENT DOMESTIC ABUSE, AS DESCRIBED
IN SECTION 131.3103 (4), FOR THE PROTECTION OF OPPOSING
PARTIES UNLESS EACH PARTY HAS MET HIS OR HER BURDEN OF PROOF AS
DESCRIBED IN PARAGRAPH (c) OF THIS SUBSECTION (4) AND THE COURT
MAKES SEPARATE AND SUFFICIENT FINDINGS OF FACT TO SUPPORT THE
ISSUANCE OF THE MUTUAL CIVIL RESTRAINING ORDER TO PREVENT DOMESTIC
ABUSE FOR THE PROTECTION OF OPPOSING PARTIES. NO PARTY MAY WAIVE
THE REQUIREMENTS SET FORTH IN THIS PARAGRAPH (d).".
Page 9, line 11, after "SECTION,", insert
"THE COURT SHALL INQUIRE ABOUT, AND".
Page 10, line 16, strike "WITHOUT NOTICE"
and substitute "IN A DOMESTIC PROCEEDING PURSUANT TO SECTION
131.3103 (4) WITHOUT NOTICE,";
strike line 21 and substitute the following:
"SET DOWN FOR HEARING AT THE EARLIEST POSSIBLE
TIME AND TAKE PRECEDENCE OVER ALL MATTERS EXCEPT OLDER MATTERS
OF THE SAME CHARACTER, AND THE COURT SHALL DETERMINE SUCH MOTION
AS EXPEDITIOUSLY AS THE ENDS OF JUSTICE REQUIRE.".
Page 12, line 12, strike "C.R.S." and substitute
"C.R.S. ALL REQUESTS FOR TEMPORARY CARE AND CONTROL PURSUANT
TO THIS SECTION SHALL BE GOVERNED BY THE "UNIFORM CHILD
CUSTODY JURISDICTION ACT", ARTICLE 13 OF TITLE 14, C.R.S.".
Page 13, strike line 25 and substitute the following:
"issuance. (1) (a) EXCEPT
AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (1),
A RETURN DATE FOR THE CITATION INITIALLY ENTERED".
Page 14, after line 9, insert the following:
"(b) FOR ANY TEMPORARY CIVIL RESTRAINING
ORDER TO PREVENT EMOTIONAL ABUSE OF THE ELDERLY, AS DESCRIBED
IN SECTION 131.3103 (3), OR TO PREVENT DOMESTIC ABUSE,
AS DESCRIBED IN SECTION 131.3103 (4), THE RETURN DATE
OF THE CITATION INITIALLY ENTERED SHALL BE SET NOT MORE THAN FOURTEEN
DAYS AFTER THE ISSUANCE OF THE TEMPORARY CIVIL RESTRAINING ORDER
AND CITATION. IF THE PROTECTED PERSON IS UNABLE TO SERVE THE RESTRAINED
PERSON IN THAT PERIOD, THE PROVISIONS OF PARAGRAPH (a) OF THIS
SUBSECTION (1) SHALL APPLY.";
line 10, after "(2)", insert "(a)";
line 16, strike "MAY" and substitute "SHALL";
line 24, strike "MAY" and substitute "SHALL";
after line 26, insert the following:
"(b) FOR PURPOSES OF A CIVIL RESTRAINING
ORDER TO PREVENT DOMESTIC ABUSE, AS DESCRIBED IN SECTION 131.3103
(4), ACTS CONSTITUTING DOMESTIC ABUSE COMMITTED BY THE RESTRAINED
PERSON AGAINST THE PROTECTED PERSON OR A MINOR CHILD OF EITHER
PARTY SHALL CONSTITUTE ACTS WARRANTING ISSUANCE OF THE CIVIL RESTRAINING
ORDER.
(3) ANY TEMPORARY OR PERMANENT CIVIL RESTRAINING
ORDER TO PREVENT DOMESTIC ABUSE THAT IS ISSUED UNDER THE CIRCUMSTANCES
SPECIFIED IN SECTION 131.3103 (4) (b) OR (4) (d),
SHALL TERMINATE WHENEVER A SUBSEQUENT ORDER REGARDING THE SAME
SUBJECT MATTER IS GRANTED PURSUANT TO THE "UNIFORM DISSOLUTION
OF MARRIAGE ACT", ARTICLE 10 OF TITLE 14, C.R.S., OR
THE "UNIFORM CHILD CUSTODY JURISDICTION ACT",
ARTICLE 13 OF TITLE 14, C.R.S., OR THE "COLORADO CHILDREN'S
CODE, TITLE 19, C.R.S.".
Page 16, line 9, after the period, add "IN ADDITION,
EITHER PARTY MAY REQUEST THE COURT TO ISSUE A TEMPORARY INJUNCTION:";
strike lines 10 through 15, and substitute the following:
"(a) Restraining any party from transferring,
encumbering, concealing, or in any way disposing of any property,
except in the usual course of business or for the necessities
of life, and, if so restrained, required him OR HER to notify
the moving party of any proposed extraordinary expenditures and
to account to the court for all extraordinary expenditures made
after the order is issued.";
line 16, strike "(b)"
and substitute "(b)";
line 18, strike "(c)"
and substitute "(c)";
line 21, strike "(3), (4), (5), (6), and (7),";
line 22, strike "are" and substitute "is".
Page 19, line 22, strike "section
1410108" and substitute
"section 1410108 OR".
Page 20, strike lines 13 through 18.
Renumber succeeding sections accordingly.
Page 21, line 18, strike "section
1410108, C.R.S.,"
and substitute "section 1410108, C.R.S.,".
Page 22, line 15, strike "section
1410108, C.R.S.,"
and substitute "section 1410108, C.R.S.,".
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee
recommends the following:
HB98-1037 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 2, strikes lines 2 through
8 and substitute the following:
"SECTION 2. Appropriation. (1) In
addition to any other appropriation, there is hereby appropriated,
to the department of agriculture, for the fiscal year beginning
July 1, 1998, the sum of thirty-eight thousand ninety-six dollars
($38,096), or so much thereof as may be necessary, for the implementation
of this act. Of said sum, eight thousand one hundred four dollars
($8,104) shall be from the general fund, twenty-four thousand
six hundred ninety-six dollars ($24,696) shall be from cash funds,
four thousand dollars ($4,000) shall be from cash funds exempt,
and one thousand two hundred ninety-six dollars ($1,296) shall
be from federal funds.
(2) In addition to any other appropriation,
there is hereby appropriated, to the department of corrections,
for the fiscal year beginning July 1, 1998, the sum of two thousand
seven hundred seventeen dollars ($2,717), or so much thereof as
may be necessary, for the implementation of this act. Of said
sum, two thousand three hundred thirty-four dollars ($2,334) shall
be from the general fund, eighteen dollars ($18) shall be from
cash funds, and three hundred sixty-six dollars ($366) shall be
cash funds exempt.
(3) In addition to any other appropriation,
there is hereby appropriated, to the department of education,
for the fiscal year beginning July 1, 1998, the sum of thirty-six
thousand eight hundred forty-seven dollars ($36,847), or so much
thereof as may be necessary, for the implementation of this act.
Of said sum, thirty-six thousand eight hundred forty-seven dollars
($36,847) shall be from the general fund.
(4) In addition to any other appropriation,
there is hereby appropriated, to the department of health care
policy and financing, for the fiscal year beginning July 1, 1998,
the sum of one thousand eight hundred forty-seven dollars ($1,847),
or so much thereof as may be necessary, for the implementation
of this act. Of said sum, nine hundred twenty-three dollars ($923)
shall be from the general fund, and nine hundred twenty-four dollars
($924) shall be from federal funds.
(5) 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 fifty-one thousand eight hundred thirty dollars ($51,830),
or so much thereof as may be necessary, for the implementation
of this act. Of said sum, four thousand three hundred seventy-nine
dollars ($4,379) shall be from the general fund, three thousand
three hundred ninety-eight dollars ($3,398) shall be from cash
funds, four thousand eight hundred two dollars ($4,802) shall
be cash funds exempt, and thirty-nine thousand two hundred fifty
dollars ($39,250) shall be from federal funds.
(6) In addition to any other appropriation,
there is hereby appropriated, to the department of higher education,
for the fiscal year beginning July 1, 1998, the sum of eight hundred
seventy-six thousand one hundred thirty-five dollars ($876,135),
or so much thereof as may be necessary, for the implementation
of this act. Of said sum, one hundred ninety thousand eight hundred
fifteen dollars ($190,815) shall be from the general fund, two
hundred forty-two thousand six hundred nine dollars ($242,609)
shall be from cash funds, one hundred seventy-four thousand nine
hundred sixty-three dollars ($174,963) shall be from cash funds
exempt, and two hundred sixty-seven thousand seven hundred forty-eight
dollars ($267,748) shall be from federal funds.
(7) In addition to any other appropriation,
there is hereby appropriated, to the department of human services,
for the fiscal year beginning July 1, 1998, the sum of one hundred
six thousand one hundred eighty-four dollars ($106,184), or so
much thereof as may be necessary, for the implementation of this
act. Of said sum, fifty-eight thousand three hundred eight dollars
($58,308) shall be from the general fund, one thousand eighteen
dollars ($1,018) shall be from cash funds, fifteen thousand seven
hundred thirteen dollars ($15,713) shall be cash funds exempt,
and thirty-one thousand one hundred forty-five dollars ($31,145)
shall be from federal funds.
(8) In addition to any other appropriation,
there is hereby appropriated, to the judicial department, for
the fiscal year beginning July 1, 1998, the sum of one hundred
seventy-three thousand seven hundred sixty-one dollars ($173,761),
or so much thereof as may be necessary, for the implementation
of this act. Of said sum, one hundred fifty-seven thousand one
hundred twenty-four dollars ($157,124) shall be from the general
fund, ten thousand four dollars ($10,004) shall be from cash funds,
and six thousand six hundred thirty-four dollars ($6,634) shall
be from cash funds exempt.
(9) In addition to any other appropriation,
there is hereby appropriated, to the department of labor and employment,
for the fiscal year beginning July 1, 1998, the sum of forty-three
thousand five hundred fifty-seven dollars ($43,557), or so much
thereof as may be necessary, for the implementation of this act.
Of said sum, six thousand four hundred three dollars ($6,403)
shall be from the general fund, sixteen thousand six hundred thirty-three
dollars ($16,633) shall be from cash funds, four hundred eighty
dollars ($480) shall be cash funds exempt, and twenty thousand
forty-one dollars ($20,041) shall be from federal funds.
(10) In addition to any other appropriation,
there is hereby appropriated, to the department of law, for the
fiscal year beginning July 1, 1998, the sum of three thousand
one hundred sixty-two dollars ($3,162), or so much thereof as
may be necessary, for the implementation of this act. Of said
sum, one hundred seventy-four dollars ($174) shall be from the
general fund, two thousand four hundred forty-nine dollars ($2,449)
shall be from cash funds, and five hundred thirty-nine dollars
($539) shall be cash funds exempt.
(11) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the general
fund not otherwise appropriated, to the general assembly, for
the fiscal year beginning July 1, 1998, the sum of four thousand
six hundred five dollars ($4,605), or so much thereof as may be
necessary, for the implementation of this act.
(12) In addition to any other appropriation,
there is hereby appropriated, to the department of local affairs,
for the fiscal year beginning July 1, 1998, the sum of three thousand
seven hundred forty-nine dollars ($3,749), or so much thereof
as may be necessary, for the implementation of this act. Of said
sum, one thousand one hundred thirty dollars ($1,130) shall be
from the general fund, sixty-four dollars ($64) shall be cash
funds exempt, and two thousand five hundred fifty-five dollars
($2,555) shall be from federal funds.
(13) In addition to any other appropriation,
there is hereby appropriated, to the department of military affairs,
for the fiscal year beginning July 1, 1998, the sum of one thousand
four hundred seven dollars ($1,407), or so much thereof as may
be necessary, for the implementation of this act. Of said sum,
eight hundred thirty-eight dollars ($838) shall be from the general
fund, and five hundred sixty-nine dollars ($569) shall be from
federal funds.
(14) In addition to any other appropriation,
there is hereby appropriated, to the department of natural resources,
for the fiscal year beginning July 1, 1998, the sum of ninety-eight
thousand one hundred six dollars ($96,106), or so much thereof
as may be necessary, for the implementation of this act. Of said
sum, fifty-seven thousand eight hundred forty-nine dollars ($57,849)
shall be from the general fund, thirty-seven thousand six hundred
thirty-two dollars ($37,632) shall be from cash funds, and two
thousand six hundred twenty-five dollars ($2,625) shall be from
federal funds.
(15) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the general
fund not otherwise appropriated, to the office of the governor,
for the fiscal year beginning July 1, 1998, the sum of twelve
thousand one hundred fifty-six dollars ($12,156), or so much thereof
as may be necessary, for the implementation of this act. Of said
sum, two thousand thirty dollars ($2,030) shall be from the general
fund, sixty-one dollars ($61) shall be from cash funds, four thousand
forty-eight dollars ($4,048) shall be cash funds exempt, and six
thousand seventeen dollars ($6,017) shall be from federal funds.
(16) In addition to any other appropriation,
there is hereby appropriated, to the department of personnel/general
support services, for the fiscal year beginning July 1, 1998,
the sum of twelve thousand three hundred fifty-seven dollars ($12,357),
or so much thereof as may be necessary, for the implementation
of this act. Of said sum, one thousand five hundred fifty-seven
dollars ($1,557) shall be from the general fund, three hundred
eighty-three dollars ($383) shall be from cash funds, and ten
thousand four hundred seventeen dollars ($10,417) shall be cash
funds exempt.
(17) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the general
fund not otherwise appropriated, to the judicial department, for
allocation to the office of the state public defender, for the
fiscal year beginning July 1, 1998, the sum of thirty-five thousand
sixty-eight dollars ($35,068), or so much thereof as may be necessary,
for the implementation of this act.
(18) In addition to any other appropriation,
there is hereby appropriated, to the department of public safety,
for the fiscal year beginning July 1, 1998, the sum of eighteen
thousand five hundred fifty-six dollars ($18,556), or so much
thereof as may be necessary, for the implementation of this act.
Of said sum, one thousand two hundred five dollars ($1,205) shall
be from the general fund, three thousand seven hundred eighty-nine
dollars ($3,789) shall be from cash funds, four thousand forty-two
dollars ($4,042) shall be from cash funds exempt, one thousand
eight hundred fourteen dollars shall be from the highway users
tax fund, and seven thousand seven hundred six dollars ($7,706)
shall be from federal funds.
(19) In addition to any other appropriation,
there is hereby appropriated, to the department of regulatory
agencies, for the fiscal year beginning July 1, 1998, the sum
of thirty-one thousand fifty-two dollars ($31,052), or so much
thereof as may be necessary, for the implementation of this act.
Of said sum, seven hundred eight-six dollars ($786) shall be from
the general fund, twenty-nine thousand eight hundred twenty-eight
dollars ($29,828) shall be from cash funds, and four hundred thirty-eight
dollars ($438) shall be cash funds exempt.
(20) In addition to any other appropriation,
there is hereby appropriated, to the department of revenue, for
the fiscal year beginning July 1, 1998, the sum of fifty thousand
forty-four dollars ($50,044), or so much thereof as may be necessary,
for the implementation of this act. Of said sum, forty thousand
two hundred eighty-three dollars shall be from the general fund,
one thousand nine hundred eighty-three dollars ($1,983) shall
be from cash funds, three thousand two hundred seventy-four dollars
($3,274) shall be cash funds exempt, and four thousand five hundred
five dollars ($4,505) shall be from the highway users tax fund.
(21) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the general
fund not otherwise appropriated, to the office of the state auditor,
for the fiscal year beginning July 1, 1998, the sum of four thousand
dollars ($4,000), or so much thereof as may be necessary, for
the implementation of this act.
(22) In addition to any other appropriation,
there is hereby appropriated, out of any cash funds not otherwise
appropriated, to the department of state, for the fiscal year
beginning July 1, 1998, the sum of four thousand three hundred
fifty-three dollars ($4,353), or so much thereof as may be necessary,
for the implementation of this act.
(23) In addition to any other appropriation,
there is hereby appropriated, to the department of transportation,
for the fiscal year beginning July 1, 1998, the sum of nineteen
thousand six hundred sixty-four dollars ($19,664), or so much
thereof as may be necessary, for the implementation of this act.
Of said sum, eighteen dollars ($18) shall be from the general
fund, one thousand one hundred forty-eight dollars ($1,148) shall
be from cash funds, eighteen thousand four hundred sixty-four
dollars ($18,464) shall be cash funds exempt, and thirty-four
dollars ($34) shall be from federal funds.
(24) 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 treasury,
for the fiscal year beginning July 1, 1998, the sum of three hundred
eighty-one dollars ($381), or so much thereof as may be necessary,
for the implementation of this act.".
HB98-1054 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 "VARIOUS@
and substitute "CERTAIN@.
Page 2, line 16, strike "MEDIUM,@.
Page 3, line 17, after "CREW.@,
add "IT
IS THE INTENT OF THE GENERAL ASSEMBLY THAT NO GENERAL FUND REVENUES
BE USED FOR THIS PROGRAM.@.
HB981110
be amended as follows, and as so amended, be referred to the Committee
of the Whole with favorable recommendation:
Amend printed bill, page 5, line 10, strike "OF
ITS@
and substitute "STATEWIDE@;
line 11, strike "CANDIDATES"
and substitute "CANDIDATE".
Page 6, line 8, strike "TWENTIETH"
and substitute "TWENTY-EIGHTH".
Page 14, strike lines 12 through 22, and substitute
the following:
"SECTION 15. Applicability. The
provisions of this act shall apply to minor political parties
existing on or after the effective date of this act.
SECTION 16. 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.".
HB98-1122 be postponed indefinitely.
______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB98-1232, 1233, 1234, 1235, and 1236.
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HR98-1004.
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB98-1236 by Representative Epps; also Senator Coffman--Con-cerning placements of offenders after completion of a regimented inmate discipline program.
Committee on Judiciary.
HB98-1237 by Representative McElhany--Concerning a requirement to report the use of at-risk pupil funding.
Committee on Education.
HB98-1238 by Representative George; also Senator Wham--Concerning judicial compensation, and making an appropriation therefor.
Committee on Judiciary.
Committee on Appropriations.
HB98-1239 by Representatives Nichol and Allen--Concerning including motorcycles in the definition of motor vehicles for purposes of motor vehicle warranties.
Committee on Transportation and Energy.
HB98-1240 by Representative Keller; also Senator Reeves--Con-cerning the membership of the state special education advisory committee.
Committee on Education.
HB98-1241 by Representatives Lamborn and Adkins; also Senator Duke--Concerning the evaporation of water from on-stream state reservoirs constructed prior to 1895.
Committee on Agriculture, Livestock and Natural Resources.
________________
On motion of Representative May, the House resolved itself into Committee of the Whole for consideration of General Orders, and he 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.)
HB98-1038 by Representative
Reeser; also Senator Chlouber--Con-cerning payments to workers'
compensation funds by insurers offering workers' compensation
large deductible policies.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1080 by Representative
Reeser; also Senator Wattenberg--Concerning continuation of the
definition of medical treatment guidelines until July 1, 2003.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1120 by Representative
C. Berry--Concerning the reestablish-ment of the requirement that
Colorado state individual income tax return forms contain a line
whereby individual taxpayers may make voluntary contributions
to the United States olympic committee.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1086 by Representative
May; also Senator B. Alexander--Concerning the forms of
evidence that may be presented to prove that a parcel of land
is not "agricultural real estate" for foreclosure redemption
purposes.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1096 by Representative
Smith; also Senator J. Johnson--Concerning the exclusion of certain
scrap metals from regulation as solid waste.
Amendment No. 1, by Representative
Smith.
Amend printed bill, page 2, line 2, strike "scrap
metal", and substitute "scrap metal, if recycled,".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1127 by Representative
Tucker; also Senator Schroeder--Concerning clarification of provisions
regarding underage persons driving with alcohol content, and,
in connection therewith, clarifying that driving a motor vehicle
while under twenty-one years of age while having a blood or breath
alcohol content of at least 0.02 but not more than 0.05 is a traffic
infraction.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1008 by Representative
McPherson; also Senator Mutzebaugh--Concerning requirements for
the issuance of photographic documents by the division of motor
vehicles in the department of revenue.
Amendment No. 1, Transportation
and Energy Report, dated January 14, 1997, and placed in member's
bill file; Report also printed in House Journal, January 16, pages
99-100.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1073 by Representative
McElhany; also Senator Mutzebaugh--Concerning the continuation
of the minerals, energy, and geology policy advisory board in
the department of natural resources.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1017 by Representative
Leyba; also Senator Powers--Con-cerning clarification of the Colorado
racing commission's authority regarding regulation of participation
in race meets.
Amendment No. 1, Agriculture, Livestock and Natural Resources Report, dated January 15, 1997, and placed in member's bill file; Report also printed in House Journal, January 19, page 103.
Amendment No. 2, by Representative
Leyba.
Amend the Agriculture, Livestock, and Natural Resources
Committee Report, dated January 15, 1998, page 1, strike lines
3 through 8, and substitute the following:
""commission shall establish investigation
and application fees. for the purpose
of paying for the administrative costs of the commission and for
paying for any background investigations of applicants and others.
These fees may vary depending on the type of application, the
complexity of the investigation, or the costs of the commission
in reviewing the matters involved.".".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1024 by Representatives
Dean, K. Alexander, G. Berry, George, S. Johnson,
June, Miller, Nichol, Saliman, and Tucker; also Senators Tebedo,
B. Alexander, Feeley, Powers, and Reeves.--Concerning the
taxability of survivor benefits payable to the survivors of a
member of the statewide death and disability plan.
Amendment No. 1, Finance
Report, dated January 14, 1997, and placed in member's
bill file; Report also printed in House Journal, January 19, pages
104-105.
Amendment No. 2, by Representative
Dean.
Amend printed bill, page 5, strike lines 7 through
14 and substitute the following:
"December 31, 1999.
SECTION 3. 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.".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1045 by Representative
Sinclair; also Senator Tebedo--Concerning authorizing
a court to consider whether a person has been convicted of an
inchoate offense in furtherance of an attempt to kill that person's
spouse in entering orders in domestic relations cases.
Amendment No. 1, Judiciary
Report, dated January 15, 1997, and placed in member's
bill file; Report also printed in House Journal, January 19, page
105.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1117 by Representative
Spradley; also Senator Chlouber--Con-cerning procedures
related to the execution of prisoners in the custody of the department
of corrections, and, in connection therewith, eliminating the
prohibition against the executive director of the department of
corrections making the day and hour of executions public and increasing
the number of witnesses who may attend executions.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1113 by Representative Lawrence--Concerning the authoriza-tion of the state lottery division to conduct instant scratch lotteries based upon the game of chance commonly known as bingo.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1071 by Representative
Schauer; also Senator Ament--Con-cerning clarification
of the definition of substitute teacher.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1157 by Representative
Gotlieb; also Senator Wells--Con-cerning 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.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1041 by Representative
Dean; also Senator Schroeder--Concerning the theft of cable services.
Amendment No. 1, Business
Affairs and Labor Report, dated January 20, 1997, and placed in
member's
bill file; Report also printed in House Journal, January 21, pages
133-134.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1055 by Representative
T. Williams; also Senator Dennis--Concerning discovery in workers'
compensation claims.
Amendment No. 1, Business
Affairs and Labor Report, dated January 20, 1997, and placed in
member's
bill file; Report also printed in House Journal, January 21, page
134.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1062 by Representative Paschall; also Senator Arnold--Concerning procedural requirements for the selection of an independent medical examiner in cases of disputes under the "Workers' Compensation Act of Colorado".
Amendment No. 1, Business
Affairs and Labor Report, dated January 20, 1997, and placed in
member's
bill file; Report also printed in House Journal, January 21, pages
134-139.
Amendment No. 2, by Representative
Paschall.
Amend the Business Affairs and Labor committee report,
dated January 20, 1998, page 2, line 36, before "IME's",
insert "MAILING OF THE".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1119 by Representative
Tate; also Senator Wattenberg--Concerning the repeal of provisions
of the "Bank Electronic Funds Act" that may create disparities
in the regulatory burdens imposed on banks with regard to their
use of communication facilities.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1126 by Representatives
Reeser, McPherson, Dyer, Mace, Tate, and Zimmerman; also Senator
Schroeder--Concerning changes to obsolete provisions of the "Colorado
Employment Security Act", and, in connection therewith, repealing
obsolete statutory provisions and modifying waiting period and
between-claim earnings requirements.
Amendment No. 1, Business
Affairs and Labor Report, dated January 20, 1997, and placed in
member's
bill file; Report also printed in House Journal, January 21, page
139.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1158 by Representative
Musgrave; also Senator Arnold--Concerning rights of parents
to determine access to student education records.
Amendment No. 1, Education
Report, dated January 19, 1997, and placed in member's
bill file; Report also printed in House Journal, January 20, page
121.
Amendment No. 2, by Representative
Musgrave.
Amend printed bill, page 2, line 5, after "(1)",
insert "(a)";
after line 8, insert the following:
"(b) FOR PURPOSES OF THIS SECTION, "PARENT"
INCLUDES LEGAL GUARDIAN.".
Page 4, line 10, strike "TWO WEEK"
and substitute "ONE WEEK";
line 14, strike "TWO WEEK" and substitute
"ONE WEEK";
strike lines 17 and 18 and substitute the following:
"(II) THE SCHOOL EMPLOYEE IS REQUIRED TO
REPORT CHILD ABUSE OR NEGLECT PURSUANT TO SECTION".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1149 by Representatives
Morrison, Epps, Sinclair, Snyder, and Tool; also Senator Wham--Concerning
the creation of the Colorado health care task force, and, in connection
therewith, abolishing the joint review committee for the medically
indigent and the medical assistance reform advisory committee
and replacing such committees with the Colorado health care task
force.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1077 by Representative
Zimmerman; also Senator Rupert--Concerning the authorization
of a county clerk and recorder to impose fees for conducting motor
vehicle inspections.
Amendment No. 1, Local
Government Report, dated January 19, 1997, and placed in member's
bill file; Report also printed in House Journal, January 21, page
140.
As amended, declared lost on Second Reading.
On motion of Representative Anderson, the remainder of the General Orders Calendar (HB98-1015, 1052, 1102, 1168, 1011, 1208, 1139, 1049, 1079, 1088, 1103, 1141) was laid over until January 27, retaining place on Calendar.
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB98-1038, 1080, 1120,
1086, 1096 amended, 1127, 1008 amended, 1073, 1017 amended, 1024
amended, 1045 amended, 1117, 1113, 1071, 1157, 1041 amended, 1055
amended, 1062 amended, 1119, 1126 amended, 1158 amended, 1149.
Lost on Second Reading: HB98-1077 amended.
Laid over until date indicated retaining place on
Calendar: HB98-1015, 1052, 1102, 1168, 1011, 1208, 1139, 1049,
1079, 1088, 1103, 1141--January 27, 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 64 NO 0 EXCUSED 1 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 E Kreutz Y Lamborn Y Lawrence Y Leyba Y Mace Y May Y 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 |
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB98-1242 by Representatives Lamborn and Anderson--Concerning a one-tenth of one percent reduction in the contribution rate for employers in the state and school division of the public employees' retirement association.
Committee on Finance.
HB98-1243 by Representative Lawrence--Concerning required health care coverage for medical costs associated with the administration of general anesthesia for dental procedures performed on dependent children.
Committee on Health, Environment, Welfare and Institutions.
HB98-1244 by Representative McPherson; also Senator Matsunaka--Concerning regulation under the "Colorado Securities Act" of persons offering investment advisory services.
Committee on Business Affairs and Labor.
HB98-1245 by Representatives Morrison, Dean, Epps, Faatz, Keller, and Lawrence--Concerning the authority of pharmacists to dispense prescriptions received via facsimile transmission for schedule II controlled substances.
Committee on Health, Environment, Welfare and Institutions.
HB98-1246 by Representatives Romero, Owen, and Grampsas; also Senators Rizzuto, Blickensderfer, Lacy, and Schroeder--Concerning the elimination of the supplier database cash
fund established to cover expenses relating to the state supplier database maintained by the department of personnel.
Committee on Finance.
______________
INTRODUCTION OF RESOLUTION
The following resolution was read by title and referred
to the committee indicated:
HJR98-1008 by Representative Dean--Concerning an interim study of funding school district capital projects.
Committee on Education.
WHEREAS, Section 2 of article IX of the Colorado
Constitution requires the General Assembly to provide for the
establishment and maintenance of a thorough and uniform system
of free public schools throughout the state; and
WHEREAS, The school buildings in several school districts
throughout the state are old and in need of significant repair;
and
WHEREAS, Under current law the primary source of
funding for capital construction projects by school districts
is local property tax; and
WHEREAS, The amount and value of real property varies
widely among the school districts in the state, thereby creating
great disparities in the amount of property tax moneys that can
be raised by each school district for capital construction; and
WHEREAS, It has been alleged in Giardino, et al.
v. Colorado State Board of Education, et al., Case No. 98CV0246,
Denver District Court, filed on January 13, 1998, that the current
statutory system for assessing and collecting property tax for
school districts and for financing public schools violates the
constitutional requirement of providing a uniform system of free
public schools throughout the state and other constitutional provisions;
now, therefore,
Be It Resolved by the House of Representatives
of the Sixtyfirst General Assembly of the State of Colorado,
the Senate concurring herein:
(1) That there shall be created an interim
committee to work through the 1998 interim to study the feasibility
of establishing in statute an interestfree loan program
to assist school districts in funding capital development projects.
In studying this issue, the interim committee shall consider,
but is not limited to, the following:
(a) Eligibility requirements for participants
in the program;
(b) The appropriate entity or entities
to manage the program;
(c) Sources of funding for the program;
(d) The types of projects that would be
eligible for funding through the program;
(e) The responsibilities imposed on and
the expectations of the entities participating in the program;
(f) The criteria for granting loans through
the program;
(g) Mechanisms to ensure repayment of
loans granted through the program; and
(h) Any other necessary issues to design
a functional mechanism to assist school districts in obtaining
funds for capital construction projects.
(2) That the interim commission shall
consist of ten legislative members. The Speaker of the House of
Representatives and the President of the Senate shall appoint
the members of the interim committee no later than thirty days
after passage of this Resolution, as follows:
(a) The Speaker of the House of Representatives
shall appoint five representatives to serve on the interim committee,
one of whom shall be named chair of the committee and no more
than three of whom shall be from the same political party. Of
the members appointed by the Speaker of the House of Representatives,
at least one shall be a member of the House Education Committee,
at least one shall be a member of the House Finance Committee,
and at least one shall be a member of the Joint Budget Committee.
(b) The President of the Senate shall
appoint five senators to serve on the interim committee, one of
whom shall be named vicechair of the committee and no more
than three of whom shall be from the same political party. Of
the members appointed by the President of the Senate, at least
one shall be a member of the Senate Education Committee, at least
one shall be a member of the Senate Finance Committee, and at
least one shall be a member of the Joint Budget Committee.
(3) That the chair and vicechair
of the interim committee, with the assistance of the Legislative
Council staff, shall appoint an advisory task force of six members
to assist the committee in performing its study. The chair and
vicechair of the interim committee shall each appoint three
members. The members appointed shall represent the following groups:
(a) School district boards of education;
(b) School district executives;
(c) Teachers' organizations;
(d) Parents of children attending public
schools; and
(e) The business community.
(4) That the interim committee shall make
findings and recommendations regarding the issues reviewed in
this study, including but not limited to any necessary legislation,
and shall submit a written report of the interim committee's findings
and recommendations to the Legislative Council no later than October
15, 1998. Legislation recommended by the interim committee shall
also be recommended to the Legislative Council no later than October
15, 1998, in accordance with Joint Rule No. 24 (b) (1) (D) of
the Joint Rules of the Senate and House of Representatives.
(5) That the interim committee shall meet
at least three times to fulfill its responsibilities in this study.
(6) That the members of the interim committee
shall be compensated in accordance with section 22307,
C.R.S., for attendance at meetings of the interim committee and
of the advisory task force.
(7) That the members of the advisory task
force shall serve without compensation.
(8) That the Legislative Council staff
and the Office of Legislative Legal Services shall be made available
to assist the interim committee in carrying out its duties. All
personnel of the Department of Education shall cooperate with
the interim committee and with any persons assisting the interim
committee, including the advisory task force, in carrying out
their duties.
(9) That all expenditures incurred while conducting this study shall be approved by the chair of the Legislative Council and paid by vouchers and warrants drawn as provided by law from moneys allocated to the Legislative Council for legislative studies from appropriations made by the General Assembly.
_______________
On motion of Representative Anderson, the House adjourned
until 9:00 a.m., January 27, 1998.
Approved:
CHARLES E. BERRY,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk