Prayer by Rabbi Yakov Chaitovsky, BMH-BT Congregation, 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--Representative Veiga--1.

Absent--Representative Grossman--1.

Present after roll call--Representative Grossman.

The Speaker declared a quorum present.

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On motion of Representative G.Berry, the reading of the journal of January 28, 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:

HB98-1220 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.

Strike page 2.

Page 3, strike lines 1 through 6.

Renumber succeeding sections accordingly.

Page 3, line 22, strike "A NEW SUBSECTION" and substitute "THE FOLLOWING NEW SUBSECTIONS";

line 24, strike "ADOPT APPLICATION" and substitute "PROVIDE FOR THE APPROVAL";

line 25, strike "PROCEDURES FOR THE APPROVAL";

strike line 26 and substitute "METHODS FOR STATE INSPECTION.".

Page 4, strike lines 1 through 4 and substitute the following:

"(6)  LOCAL GOVERNMENTS SHALL ON A SPECIFIC PROJECT BASIS BE PERMITTED TO APPROVE ALTERNATIVE MATERIALS AND METHODS OF CONSTRUCTION IF THE LOCAL GOVERNMENT HAS ADOPTED EITHER THE UNIFORM PLUMBING CODE OR THE INTERNATIONAL PLUMBING CODE. IF A LOCAL GOVERNMENT APPROVES SUCH ALTERNATIVE MATERIALS AND METHODS, THE LOCAL GOVERNMENT SHALL NOTIFY THE BOARD.".

Page 6, after line 17, insert the following:

"SECTION 6. 12­58­114.5 (7), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

12­58­114.5. Inspection ­ application ­ standards. (7) (e)  THE PROGRAM ADMINISTRATOR SHALL COMPILE A REPORT OF ALL REQUESTS FOR REVIEW, AND COMPLAINTS FILED WITH THE PROGRAM ADMINISTRATOR, OR THE BOARD PURSUANT TO THIS SUBSECTION (7). THE REPORT SHALL BE FORWARDED TO THE BOARD FOR REVIEW BY JANUARY 1 OF EACH YEAR. SUCH REPORT SHALL BE A PUBLIC RECORD PURSUANT TO SECTION 24-72-203, C.R.S.

SECTION 7. 12­58­114.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

12­58­114.5. Inspection ­ application ­ standards. (8) (a)  THE STATE PLUMBING INSPECTORS SHALL MAINTAIN RECORDS SETTING FORTH FOR EACH INSPECTION:

(I)  THE DATE THE INSPECTION WAS REQUESTED;

(II)  THE DATE THE INSPECTION WAS CONDUCTED; AND

(III)  ANY REASON FOR THE DELAY OF INSPECTION OR FAILURE TO INSPECT THE PROPERTY.

(b)  THE RECORDS SHALL BE FORWARDED TO THE PROGRAM ADMINISTRATOR WHO SHALL COMPILE A REPORT TO THE BOARD SETTING FORTH THE AVERAGE DELAY BETWEEN THE DATE AN INSPECTION WAS REQUESTED AND THE DATE THE INSPECTION WAS CONDUCTED.".

Renumber succeeding sections accordingly.

Page 6, strike lines 24 through 26.

Page 7, strike lines 1 through 8 and substitute the following:

"SECTION 9.  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.".

Renumber succeeding sections accordingly.

JUDICIARY

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

HB98­1156 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 5, line 10, after the period, add ""SEX OFFENDER" ALSO MEANS ANY PERSON SENTENCED AS A SEX OFFENDER PURSUANT TO SECTION 16­13­804 (4).";

strike lines 11 through 13, and substitute the following:

"(4) (a)  "SEX OFFENSE" MEANS ANY OF THE FOLLOWING OFFENSES:";

line 14, strike "(a)" and substitute "(I)";

line 16, strike "(b)" and substitute "(II)";

line 18, strike "(c)" and substitute "(III)";

line 20, strike "(d)" and substitute "(IV)";

line 22, strike "(e)" and substitute "(V)";

line 24, strike "(f)" and substitute "(VI)";

line 26, strike "(g)" and substitute "(VII)".

Page 6, line 2, strike "(h)" and substitute "(VIII)";

line 3, strike "(i)" and substitute "(IX)";

strike lines 5 through 22;

line 23, strike "(s)" and substitute "(X)";

after line 24, insert the following:

"(b)  "SEX OFFENSE" ALSO INCLUDES CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION TO COMMIT ANY OF THE OFFENSES SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (4) IF SUCH CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION WOULD CONSTITUTE A CLASS 2, 3, OR 4 FELONY.".

Page 8, line 3, strike "4, 5, OR 6" and substitute "4";

after line 20, insert the following:

"(4) (a)  THE COURT MAY SENTENCE ANY PERSON PURSUANT TO THE PROVISIONS OF THIS SECTION IF:

(I)  THE PERSON IS CONVICTED OF OR PLEADS GUILTY OR NOLO CONTENDERE TO A CRIME SPECIFIED IN PARAGRAPH (b) OF THIS SUBSECTION (4); AND

(II)  AN ASSESSMENT OF THE PERSON PURSUANT TO SECTION 16­11.7­104 DETERMINES THAT THE PERSON IS LIKELY TO COMMIT ONE OR MORE OF THE OFFENSES SPECIFIED IN SECTION 18­3­414.5 (1) (a), C.R.S., UNDER THE CIRCUMSTANCES DESCRIBED IN SECTION 18­3­414.5 (1) (b), C.R.S.

(b)  THE PROVISIONS OF THIS SUBSECTION (4) SHALL APPLY TO ANY PERSON WHO IS CONVICTED OF OR PLEADS GUILTY OR NOLO CONTENDERE TO ANY OF THE FOLLOWING OFFENSES OR CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION TO COMMIT ANY OF THE FOLLOWING OFFENSES:

(I)  TRAFFICKING IN CHILDREN, AS DESCRIBED IN SECTION 18­6­402, C.R.S.;

(II)  FELONY SEXUAL EXPLOITATION OF CHILDREN, AS DESCRIBED IN SECTION 18­6­403, C.R.S.;

(III)  PROCUREMENT OF A CHILD FOR SEXUAL EXPLOITATION, AS DESCRIBED IN SECTION 18­6­404, C.R.S.;

(IV)  SOLICITING FOR CHILD PROSTITUTION, AS DESCRIBED IN SECTION 18­7­402, C.R.S.;

(V)  PANDERING OF A CHILD, AS DESCRIBED IN SECTION 18­7­403, C.R.S.;

(VI)  PROCUREMENT OF A CHILD, AS DESCRIBED IN SECTION 18­7­403.5, C.R.S.;

(VII)  KEEPING A PLACE OF CHILD PROSTITUTION, AS DESCRIBED IN SECTION 18­7­404, C.R.S.;

(VIII)  PIMPING OF A CHILD, AS DESCRIBED IN SECTION 18­7­405, C.R.S.;

(IX)  INDUCEMENT OF CHILD PROSTITUTION, AS DESCRIBED IN SECTION 18­7­405.5, C.R.S.

(c)  ANY PERSON SENTENCED AS A SEX OFFENDER PURSUANT TO THIS SUBSECTION (4) SHALL BE SUBJECT TO THE PROVISIONS OF THIS PART 8.";

line 21, strike "(4)" and substitute "(5)";

line 22, after "(1)", insert "OR (4)".

Page 9, line 22, after "C.R.S.,", insert "OR CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION TO COMMIT ANY OF THE OFFENSES SPECIFIED IN SECTION 16­13­803 (4) (a) THAT WOULD CONSTITUTE A CLASS 5 FELONY".

Page 10, line 3, strike "LIMIT" and substitute "LIMITED";

line 20, strike "GOOD TIME OR".

Page 13, line 9, strike "4, 5, OR 6" and substitute "4".

Page 14, line 19, after "C.R.S.,", insert "OR CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION TO COMMIT ANY OF THE OFFENSES SPECIFIED IN SECTION 16­13­803 (4) (a) THAT WOULD CONSTITUTE A CLASS 5 FELONY".

Page 15, line 16, after "COMMITTEE", insert "AND THE JOINT HOUSE AND SENATE JUDICIARY COMMITTEE".

Page 16, line 9, strike "4, 5, OR 6" and substitute "4".

Page 27, after line 19, insert the following:

"SECTION 14. Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17-1-124. Appropriations to comply with section 2-2-703 - HB 98-1156. (1) PURSUANT TO SECTION 2-2-703, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT HB 98-1156, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FIRST GENERAL ASSEMBLY:

(a) FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, 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.

(b) FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, 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.

(c) FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17-1-116, THE SUM OF ONE MILLION ONE HUNDRED NINE THOUSAND SEVEN HUNDRED SIXTY-TWO DOLLARS ($1,109,762).

(d) (I) FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17-1-116, THE SUM OF THREE HUNDRED FIFTY-THREE THOUSAND NINE HUNDRED FORTY-TWO DOLLARS ($353,942).

(II) FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF THREE HUNDRED SEVENTY-ONE THOUSAND TWO HUNDRED NINETY-SEVEN DOLLARS ($371,297).

(e) (I) FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17-1-116, THE SUM OF NINE MILLION FOUR HUNDRED TWENTY-EIGHT THOUSAND SIX HUNDRED FIFTEEN DOLLARS ($9,428,615).

(II) FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF FOUR HUNDRED EIGHTY-NINE THOUSAND SIX HUNDRED NINETY-ONE DOLLARS ($489,691).

SECTION 15. Appropriation. (1) 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 public safety , for the fiscal year beginning July 1, 1998, the sum of one hundred forty-eight thousand four hundred seventy-seven dollars ($148,477) and 3.5 FTE, or so much thereof as may be necessary, for the implementation of this act.

(2) 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 the fiscal year beginning July 1, 1998, the sum of one million five hundred seventeen thousand five hundred forty dollars ($1,517,540) and 23.7 FTE, or so much thereof as may be necessary, for the implementation of this act. Of said sum, eighteen thousand five hundred twenty-five dollars ($18,525) and 0.3 FTE, or so much thereof as may be necessary, is for allocation to the district court; and one million four hundred ninety-nine thousand fourteen dollars ($1,499,014) and 23.4 FTE, or so much thereof as may be necessary, is for allocation to the office of probation services.

(3) 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 corrections, for the fiscal year beginning July 1, 1998, the sum of one hundred seventy-five thousand one hundred fifty-four dollars ($175,154) and 3.7 FTE, or so much thereof as may be necessary, for the implementation of this act. Of said sum, one hundred fourteen thousand two hundred dollars ($114,200) and 2.7 FTE, or so much thereof as may be necessary, is for allocation to the sex offender treatment program; fifty-eight thousand four hundred fifty-four dollars ($58,454) and 1.0 FTE, or so much thereof as may be necessary, is for allocation to the sex offender intensive parole program; and two thousand five hundred dollars ($2,500), or so much thereof as may be necessary, is for allocation to the division of community corrections.".

Renumber succeeding sections accordingly.

Page 1, line 101, strike "OFFENDERS." and substitute "OFFENDERS, AND MAKING AN APPROPRIATION THEREFOR.".

LOCAL GOVERNMENT

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

HB98-1020, 1029, 1105 be referred to the Committee of the Whole with favorable recommendation.

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PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB98-1253, 1254, 1255, 1256, 1257, 1258, 1259, 1260, 1261, 1262, and 1263.

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INTRODUCTION OF BILLS

First Reading

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

HB98-1268 by Representative Tate; also Senator Rupert--Concerning expansion of the crime of ethnic intimidation, and, in connection therewith, changing the name of the crime to a hate crime.

Committee on Judiciary.

HB98-1269 by Representative Sinclair--Concerning an exemption from state use tax for certain donations of manufactured goods by the manufacturer of such goods.

Committee on Finance.

HB98-1270 by Representative Leyba; also Senator Tanner--Concerning the extension of civil rights to those persons discriminated against on the basis of sexual orientation.

Committee on Business Affairs and Labor.

HB98-1271 by Representative Spradley; also Senator Dennis--Concerning the state estate tax.

Committee on Finance.

HB98-1272 by Representative Kaufman; also Senator Perlmutter--Concerning domestic violence.

Committee on Judiciary.

HB98-1273 by Representative K. Alexander; also Senator Congrove--Concerning school bus operation procedures to protect the safety of passengers.

Committee on Transportation and Energy.

HB98-1274 by Representatives Gordon and Owen; also Senator Blickensderfer--Concerning the authority of the executive director of the department of personnel to allocate departmental powers, duties, and functions within the department.

Committee on State, Veterans, and Military Affairs.

HB98-1275 by Representative Adkins--Concerning the refund of state revenues in excess of the constitutional limitation on state fiscal year spending for any given fiscal year through the temporary reduction of school districts' property tax rate levied for the operation of public schools.

Committee on Finance.

HB98-1276 by Representative Salaz; also Senator Bishop--Concerning imposition of restrictions on the availability of student information by state-supported institutions of higher education.

Committee on Education.

HB98-1277 by Representative K. Alexander--Concerning profes-sionals involved in legal matters relating to children.

Committee on Health, Environment, Welfare and Institutions.

HB98-1278 by Representative Romero--Concerning the implemen-tation of the class size reduction pilot program for the reduction of class sizes in the elementary grades, and making an appropriation therefor.

Committee on Education.

Committee on Appropriations.

HB98-1279 by Representatives Tupa, Gordon, Allen, Bacon, G. Berry, Chavez, Dean, Dyer, June, Kaufman, Lamborn, Mace, Morrison, Saliman, Swenson, Veiga, S. Williams, T. Williams, and Zimmerman; also Senators Reeves, Hernandez, Pascoe, Rupert, and Thiebaut--Concerning the issuance of special license plates for alumni associations of institutions of higher education located in Colorado.

Committee on Education.

HB98-1280 by Representative Pfiffner; also Senator Coffman--Concerning cash funds.

Committee on Finance.

HB98-1281 by Representative Pfiffner; also Senator Congrove--Concerning expansion of the privatization of bus service operations of the regional transportation district.

Committee on Transportation and Energy.

HB98-1282 by Representative Agler--Concerning the authority of state entities under the "Administrative Organization Act of 1968".

Committee on State, Veterans, and Military Affairs.

HB98-1283 by Representatives Udall and Lawrence; also Senator Dennis--Concerning an exception to the definition of a "spurious lien" for liens imposed by a home rule municipality.

Committee on Local Government.

HB98-1284 by Representative Schauer--Concerning the restructuring of the retail electric market in Colorado.

Committee on Business Affairs and Labor.

HB98-1285 by Representatives Veiga, Gordon, and Reeser--Con-cerning the imposition of conditions upon the opening of the retail electricity market to competition.

Committee on Business Affairs and Labor.

HB98-1286 by Representative Morrison--Concerning the improper use of the intact dilation and extraction procedure to terminate a pregnancy in a woman as constituting unprofessional conduct under the "Colorado Medical Practice Act".

Committee on State, Veterans, and Military Affairs.

HB98-1287 by Representative Tucker; also Senator Wham--Con-cerning access to state parks for disabled persons.

Committee on Finance.

HB98-1288 by Representatives Smith, Reeser, and George--Con-cerning the creation of a process for the development of water projects to increase the water resources available to the citizens of Colorado, and, in connection therewith, providing for mitigation of the impact of said projects, establishing a water project assistance fund, and making an appropriation.

Committee on Agriculture, Livestock and Natural Resources.

Committee on Appropriations.

HB98-1289 by Representative Mace--Concerning the securing of vehicle loads during transport by a motor vehicle.

Committee on Transportation and Energy.

HB98-1290 by Representative Dean; also Senator B. Alexander--Concerning waivers of requirements within title 22 of the Colorado revised statutes.

Committee on Education.

HB98-1291 by Representative Entz; also Senator Bishop--Concerning licenses issued by the division of wildlife.

Committee on Agriculture, Livestock and Natural Resources.

HB98-1292 by Representative Schauer; also Senator B. Alexander--Concerning the sale of alcohol beverages.

Committee on Business Affairs and Labor.

HB98-1293 by Representative Clarke--Concerning veteran's prefer-ences for public employment.

Committee on State, Veterans, and Military Affairs.

HB98-1294 by Representatives S. Williams, Clarke, Dyer, Gordon, June, Kaufman, Keller, Tate, and Tool; also Senator J. Johnson--Concerning health care coverage parity for temporomandibular disorders.

Committee on Health, Environment, Welfare and Institutions.

HB98-1295 by Representative Grossman; also Senator Wham--Concerning a redevelopment plan for the property being vacated by the university of Colorado health sciences center when it moves to Fitzsimons.

Committee on Local Government.

HB98-1296 by Representative George; also Senator Wham--Concerning implementation of an early education and school readiness program.

Committee on Education.

HB98-1297 by Representative Tucker; also Senator Schroeder--Concerning the authority of the commissioner of insurance to impose certain requirements on nonadmitted insurers as a condition of being an approved nonadmitted insurer in this state, and, in connection therewith, adopting standards for the service of process and trust requirements for nonadmitted insurers.

Committee on Business Affairs and Labor.

HB98-1298 by Representative Owen; also Senator B. Alexander--Concerning the provision of alternative chartering authority for charter schools.

Committee on Education.

HB98-1299 by Representative Young; also Senator Bishop--Concerning the regulation of games of chance, and making an appropriation in connection therewith.

Committee on Business Affairs and Labor.

Committee on Appropriations.

HB98-1300 by Representative Adkins--Concerning state entities that provide legal representation for indigent persons.

Committee on Judiciary.

HB98-1301 by Representatives Hagedorn and Lamborn--Concerning creation of a pilot program for privately funded education vouchers.

Committee on Education.

HB98-1302 by Representative May--Concerning the "Paycheck Protection Act of 1998", and, in connection therewith, prohibiting the expenditure of public moneys for the purpose of collecting political funds.

Committee on State, Veterans, and Military Affairs.

HB98-1303 by Representatives Zimmerman, Saliman, and Swenson; also Senators Mutzebaugh, Phillips, and Weddig--Concerning municipal designation of dedicated bus routes in the regional transportation district.

Committee on Local Government.

HB98-1304 by Representatives Pankey, Young, June, Nichol, Paschall, Swenson, and Taylor; also Senator Mutzebaugh--Con-cerning the funding of transportation system projects in Colorado, and, in connection therewith, providing for the private investment in such transportation system projects.

Committee on Transportation and Energy.

HB98-1305 by Representative Grossman; also Senator Wham--Concerning adjustments to a limited area of the boundary between two contiguous counties that may be made without an election if one of such counties exceeds a population of four hundred thousand.

Committee on Local Government.

SB98-040 by Senator Coffman; also Representative Pfiffner--Concerning the state deferred compensation plan.

Committee on State, Veterans, and Military Affairs.

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LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, Consideration of General Orders (HB98-1015, 1052, 1102, 1168, 1011, 1208, 1139, 1049, 1079, 1088, 1103, 1141, 1143, 1036, 1081, 1060, 1179, 1054, 1110, 1021, 1057, 1225, 1176) was laid over until January 30, retaining place on Calendar.

_______________

On motion of Representative Anderson, the House adjourned until 9:00 a.m., January 30, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk