Prayer by Father Ed Judy, Samaritan
House, Denver.
The Speaker called the House to order at 9:00
a.m.
The roll was called with the following result:
Present--63.
Absent and excused--Representatives Paschall, Romero--2.
Present after roll call--Representatives Paschall,
Romero.
The Speaker declared a quorum present.
_______________
On motion of Representative G.Berry, the reading of the journal of January 29, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEES OF REFERENCE
AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES
After consideration on the merits, the Committee
recommends the following:
HB981006
be amended as follows, and as so amended, be referred to the Committee
on Appropriations with favorable recommendation:
Amend printed bill, page 2, strike lines 6 and 7,
and substitute the following:
"RECOGNIZES THE IMPORTANCE OF CONSERVING NATIVE
SPECIES THAT HAVE BEEN LISTED AS";
line 10, strike "SERVICE, AND" and substitute,
"SERVICE."'
strike lines 11 through 15 and substitute the following:
"THE GENERAL ASSEMBLY HEREBY DECLARES AND DETERMINES".
Page 3, line 3, strike "APPROPRIATION"
and substitute, "AUTHORIZATION";
line 14, strike "program";
strike lines 15 through 17 and substitute the following:
"report. (a) THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES, AFTER CONSULTATION
WITH THE COLORADO WATER CONSERVATION BOARD AND ITS DIRECTOR, THE
WILDLIFE COMMISSION, AND THE DIRECTOR OF THE DIVISION OF WILDLIFE,";
line 18, after "CONSERVATION", insert "ELIGIBILITY;
line 20, after "THE", insert "SPECIES
CONSERVATION";
strike lines 24 through 26 and substitute the following:
"CONSERVATION ELIGIBILITY LIST IS SUBMITTED,
THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES, AFTER CONSULTATION
WITH THE COLORADO WATER CONSERVATION BOARD AND ITS DIRECTOR, THE
WILDLIFE COMMISSION, AND THE DIRECTOR OF".
Page 4, line 4, after the period, add "THE REPORT
SHALL INCLUDE AN ASSESSMENT OF HABITAT BENEFITS, BOTH PUBLIC AND
PRIVATE, ATTRIBUTABLE TO SUCH ACTIVITIES.";
strike lines 5 through 26 and substitute the following:
"(b) FUNDING SHALL BE DISTRIBUTED
BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES
AMONG PROJECTS INCLUDED IN THE SPECIES CONSERVATION ELIGIBILITY
LIST FOR THE FOLLOWING PURPOSES:
(I) COOPERATIVE AGREEMENTS, RECOVERY PROGRAMS,
AND OTHER PROGRAMS THAT ARE DESIGNED TO MEET OBLIGATIONS ARISING
UNDER THE FEDERAL "ENDANGERED SPECIES ACT OF 1973",
16 U.S.C. 1531, ET SEQ., AND THAT PROVIDE REGULATORY CERTAINTY
IN ACCORDANCE WITH SUBSECTION (4) OF THIS SECTION;
(II) STUDIES AND PROGRAMS ESTABLISHED
OR APPROVED BY THE DIVISION OF WILDLIFE AND THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT OF NATURAL RESOURCES REGARDING:
(A) SPECIES PLACED ON THE STATE ENDANGERED
OR THREATENED LIST IN ACCORDANCE WITH SECTION 332105,
C.R.S.; OR
(B) CANDIDATE SPECIES IN ORDER TO ASSIST
IN THE RECOVERY OR PROTECTION OF THE SPECIES TO AVOID LISTING
OF THE SPECIES.".
Page 5, strike lines 1 through 6 and substitute the
following:
"(C) SCIENTIFIC RESEARCH RELATING
TO LISTING OR DELISTING ANY SPECIES.
(D) IF A SPECIES THAT IS NOT ON THE FEDERAL
ENDANGERED OR THREATENED SPECIES LIST IS PROPOSED TO BE ADDED
TO THE STATE ENDANGERED OR THREATENED SPECIES LIST, THE EVALUATION
OF THE SPECIES PURSUANT TO THIS SUBSUBPARAGRAPH (B) SHALL
INCLUDE: SCIENTIFIC EVALUATION OF GENETIC DATA THAT PROVES THE
SPECIES IS A SEPARATE AND DISTINCT SPECIES IN THE ECOSYSTEM; EVALUATION
OF THE SPECIES HABITAT THAT ENCOMPASSES THE ENTIRE GEOGRAPHIC
AREA OF THE SPECIES HABITAT NOT JUST PORTIONS OF SUCH HABITAT;
AND THE RELIABLE SCIENTIFIC BASELINE DATA USED TO ASCERTAIN THAT
THE NUMBER OF THE SPECIES IN THE HABITAT IS RAPIDLY DECLINING
OVER TIME.
(c) IN NO EVENT SHALL MONEYS FROM THE
SPECIES CONSERVATION TRUST FUND, CREATED IN SUBSECTION (2) OF
THIS SECTION, BE USED TO ACQUIRE ANY PROPERTY THROUGH THE EXERCISE
OF EMINENT DOMAIN.";
strike lines 17 and 18 and substitute the following:
"PROTECT PRIVATE PROPERTY RIGHTS, AND SHALL
ASSIST IN MEETING THE REGULATORY";
line 19, after "REQUIREMENTS", insert "THAT
CURRENTLY EXIST OR THAT MAY BECOME APPLICABLE IN THE FUTURE".
Page 6, line 1, strike "NEGATE" and substitute,
"ELIMINATE";
line 3, strike "ITS REMOVAL FROM THE LIST."
and substitute "DELISTING.";
strike lines 6 through 9 and substitute the following:
"THE SPECIES CONSERVATION TRUST FUND BY APPLYING
FOR AVAILABLE GRANTS CONSISTENT WITH THE PURPOSES OF THE FUND.
FEDERAL GRANTS AND VOLUNTARY CONTRIBUTIONS MAY BY ACCEPTED AND
EXPENDED AS PROVIDED IN THIS SECTION.";
line 10, strike "SHALL", and substitute
"SHALL, UPON ACCEPTANCE,";
line 14, after the period, insert "NO FUNDING
SHALL BE ACCEPTED, APPROVED, OR USED TO INITIATE THE LISTING OF
SPECIES AS THREATENED OR ENDANGERED UNDER FEDERAL LAW.";
line 17, after "DIVISION", insert, "OF
WILDLIFE";
line 24, strike "the sum of _____ dollars ($
)", and substitute "the sum of five million eight hundred
fifty-one thousand six hundred fifty-nine dollars ($5,851,659)".
HB98-1101 be referred
to the Committee on Finance with favorable recommendation.
HB98-1109 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, line 4, strike "REASONABLY"
and substitute "REGIONAL HAZE";
line 5, strike "ATTRIBUTABLE".
HB98-1203 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 3, strike lines 4 through
10, and substitute the following:
"(V) (A) FAILS TO ESCROW ALL
SALES RECEIPTS IN A SEPARATE FIDUCIARY ACCOUNT IN A BANK OR TRUST
COMPANY DOING BUSINESS IN THE STATE OF COLORADO OR PROVIDE A LETTER
OF CREDIT, CERTIFICATE OF DEPOSIT, FIDUCIARY BOND, OR OTHER SIMILAR
SURETY IN AN AMOUNT SUFFICIENT TO COVER THE REPAYMENT OF AMOUNTS
ACTUALLY PAID UNDER AGREEMENTS UNDER THIS PARAGRAPH (qq) UNTIL
THE DELIVERY OF SUCH MANUFACTURED HOMES.
(B) ANY LETTER OF CREDIT, CERTIFICATE OF DEPOSIT,
FIDUCIARY BOND, OR OTHER SIMILAR SURETY SHALL BE FILED WITH AND
DRAWN IN FAVOR OF THE ATTORNEY GENERAL OF THE STATE OF COLORADO
FOR USE OF THE PEOPLE OF THE STATE OF COLORADO AND SHALL BE REVOCABLE
ONLY WITH THE WRITTEN CONSENT OF THE ATTORNEY GENERAL.
(C) IN ANY CONTRACT FOR THE SALE OF A
MANUFACTURED HOME, THE SELLER SHALL DISCLOSE THAT SUCH SELLER
HAS A SEPARATE FIDUCIARY ACCOUNT FOR THE ESCROW OF SALES RECEIPTS
PENDING DELIVERY OR A LETTER OF CREDIT, CERTIFICATE OF DEPOSIT,
FIDUCIARY BOND, OR OTHER SIMILAR SURETY FILED WITH THE ATTORNEY
GENERAL OF THE STATE OF COLORADO FOR THE REPAYMENT OF AMOUNTS
RECEIVED PENDING DELIVERY OF MANUFACTURED HOMES. ANY SUCH CONTRACT
SHALL ALSO DISCLOSE THAT COMPLAINTS AGAINST SELLERS OF MANUFACTURED
HOMES MAY BE FILED WITH THE OFFICE OF THE ATTORNEY GENERAL OF
THE STATE OF COLORADO OR THE DISTRICT ATTORNEY FOR THE JUDICIAL
DISTRICT WHERE THE SALE OCCURS. ANY SUCH CONTRACT SHALL ALSO DISCLOSE
THAT AN AGGRIEVED PERSON MAY BRING A CIVIL ACTION UNDER THE "COLORADO
CONSUMER PROTECTION ACT" TO REMEDY VIOLATIONS OF THE PROVISIONS
OF THIS PARAGRAPH (qq).";
strike line 11, and substitute the following:
"(VI) UNLESS DELAY IN DELIVERY IS
CAUSED BY THE BUYER, FAILS TO ALLOW THE BUYER TO CANCEL THE CONTRACT
AND";
strike lines 14 and 15, and substitute the following:
"MORE THAN THIRTY DAYS AFTER THE DATE OF DELIVERY
SET FORTH IN THE CONTRACT AS REQUIRED BY SUBPARAGRAPH (IV) OF
THIS PARAGRAPH (qq).".
HJR98-1007 be referred
out for final action.
EDUCATION
After consideration on the merits, the Committee
recommends the following:
HB98-1050 be referred
to the Committee of the Whole with favorable recommendation.
HB98-1186 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 2, strike "221104,"
and substitute "221104 (2),";
strike lines 4 through 12, and substitute the following:
"221104. Teaching
of history, culture, and civil government. (2) In
addition, the history and civil government of the United States,
including
WHICH INCLUDES the history, culture, and contributions of minorities,
including, but not limited to, THE AMERICAN INDIANS, the Spanish
Americans and the American Negroes,
HISPANIC AMERICANS, AND THE AFRICAN AMERICANS, shall be taught
in all the public schools of the state.".
HJR98-1008 be amended
as follows, and as so amended, be referred to the Legislative
Council Committee:
Amend printed joint resolution, page 2, strike line
21 and substitute "House Education Committee,";
line 22, strike "Finance Committee,";
line 28, strike "Committee, at" and substitute
"Committee,";
strike line 29 and substitute "and at least";
line 37, strike "executives;" and substitute
"executives; and";
line 38, strike "organizations;" and substitute
"organizations.".
Page 3, strike lines 1 and 2.
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee
recommends the following:
HB98-1222 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 2, line 9, after "BUSINESS",
insert "FOR PROFIT".
Page 3, line 18, strike the second "THE".
Page 4, strike lines 3 through 11, and substitute the following:
"QUARTERLY LIST PUBLISHED BY THE OFFICE OF CONSUMER
COUNSEL.".
HB98-1230 be referred
to the Committee of the Whole with favorable recommendation.
TRANSPORTATION AND ENERGY
After consideration on the merits, the Committee
recommends the following:
HB98-1040, 1116
be referred to the Committee of the Whole with favorable recommendation.
HB98-1059 be amended
as follows, and as so amended, be referred to the Committee on
Finance with favorable recommendation:
Amend printed bill, page 2, line 15, strike "1997,"
and substitute "1998,".
HB98-1104 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, line 2, strike "A
NEW PARAGRAPH," and substitute "THE FOLLOWING NEW PARAGRAPHS,".
Page 3, line 17, after the period insert the following:
"SUCH ADDITIONAL PAYMENT SHALL BE MADE ONLY
IF AND TO THE EXTENT SUCH PAYMENT IS WITHIN THE FIVE THOUSAND
DOLLAR TOTAL BENEFIT AMOUNT PAYABLE UNDER THIS SUBPARAGRAPH (I).".
Page 4, after line 1, insert the following:
"(g) AN INSURER OFFERING THE COVERAGES
AUTHORIZED IN THIS SUBSECTION (1), AS AMENDED BY H.B. 981104,
ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTYFIRST
GENERAL ASSEMBLY, SHALL DEMONSTRATE IN RATE FILINGS SUBMITTED
TO THE COMMISSIONER THE SAVINGS TO THE INSURED TO BE REALIZED
UNDER THE PLAN.".
HB98-1144 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:
Amend printed bill, page 2, line 18, strike "MARBLE,
SHALE, OR SIMILAR SUBSTANCES." and substitute "MARBLE,
AND SHALE.";
after line 18, insert the following:
"(3) (a) NO VEHICLE SHALL BE
DRIVEN OR MOVED ON ANY HIGHWAY FOR A DISTANCE OF MORE THAN TWO
MILES IF THE VEHICLE IS TRANSPORTING AGGREGATE MATERIAL, UNLESS
THE VEHICLE IS EQUIPPED WITH REAR TIRE FLAPS THAT PROVIDE SUFFICIENT
PROTECTION AGAINST SUCH AGGREGATE MATERIAL FROM SPRAYING ON OTHER
VEHICLES.".
Renumber succeeding subsection accordingly.
HB98-1198 be postponed indefinitely.
______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB98-1264, 1265, 1266, 1267, 1268, 1269, 1270, 1271, 1272, 1273, 1274, 1275, 1276, 1277, 1278, 1279, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297, 1298 , 1299, 1300, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310; also HCR98-1004.
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB98-1306 by Representative McElhany--Concerning additional criteria for termination of temporary disability workers' compensation benefits.
Committee on Business Affairs and Labor.
HB98-1307 by Representatives Keller and K. Alexander; also Senator Hopper--Concerning implementation of the federal "Adoption and Safe Families Act of 1997".
Committee on Judiciary.
HB98-1308 by Representatives Smith and Owen; also Senators Ament, Chlouber, Powers, and Wattenberg--Concerning the establishment of a permitting system for concentrated animal feeding operations to protect the quality of the waters of the state.
Committee on Agriculture, Livestock and Natural Resources.
HB98-1309 by Representative Gotlieb; also Senator Chlouber--Concerning the requirement of health insurers to provide coverage for the treatment of diabetes.
Committee on Health, Environment, Welfare and Institutions.
HB98-1310 by Representative Sullivant--Concerning the establishment of fees by boards of county commissioners for the issuance of building permits.
Committee on Local Government.
HB98-1311 by Representative Udall; also Senator Mutzebaugh--Concerning the representation of closely held business entities by persons who are not licensed to practice law in this state.
Committee on Business Affairs and Labor.
HB98-1312 by Representative Pfiffner; also Senator Blickensderfer--Concerning the state employee compensation law, and, in connection therewith, restructuring the provisions concerning state employee job evaluation and compensation.
Committee on State, Veterans, and Military Affairs.
HB98-1313 by Representative Entz--Concerning granting water conservation districts power to deal with conservation easements in gross.
Committee on Agriculture, Livestock and Natural Resources.
HB98-1314 by Representative T. Williams--Concerning acts of the general assembly affecting the number of court personnel employed in local facilities.
Committee on Judiciary.
HB98-1315 by Representative Miller and G. Berry--Concerning the promotion of tourist-related activities in Colorado, and, in connection therewith, transferring a portion of state sales and use tax revenues to the tourism promotion fund and refunding a portion of increased state sales and use tax revenues to qualified individuals.
Committee on Finance.
HB98-1316 by Representative Sullivant; also Senators Tebedo and Hopper--Concerning the regulation of video lottery terminals as gaming devices, and, in connection therewith, including video lottery terminals within the definition of a slot machine and prohibiting the lottery division from permitting lottery games to be played on a slot machine.
Committee on State, Veterans, and Military Affairs.
HB98-1317 by Representatives Spradley, Arrington, Lawrence and Swenson-- Concerning the apportionment by a county assessor of the value of a mobile home that is moved after the assessment date for property tax purposes.
Committee on Local Government.
HB98-1318 by Representative Grampsas; also Senator Lacy--Concerning the creation of a trust fund for the purpose of funding future capital construction projects for the university of Colorado health sciences center at the former Fitzsimons army base, and making an appropriation in connection therewith.
Committee on State, Veterans, and Military Affairs.
Committee on Appropriations
HB98-1319 by Representative Saliman, K. Alexander, Keller, and Morrison; also Senators B. Alexander, Rizzuto, and Rupert--Concerning termination of the parent-child relationship when the parent of a young child is in long-term confinement.
Committee on Judiciary.
HB98-1320 by Representative Leyba; also Senator Thiebaut--Concerning the provision of basic motor vehicle insurance for vehicles registered in Colorado, and, in connection therewith, collecting a premium for basic motor vehicle insurance coverage when gasoline or special fuel is purchased, when motor vehicles are registered, and when drivers' licenses are obtained.
Committee on Finance.
HB98-1321 by Representatives G. Berry, Dyer, K. Alexander, Bacon, George, Kaufman, Reeser, Smith, Takis, Udall, S. Williams, and T. Williams; also Senators Hopper, Linkhart, B. Alexander, Bishop, and Reeves--Concerning youth mentoring services, and making an appropriation in connection therewith.
Committee on Judiciary.
Committee on Appropriations.
HB98-1322 by Representative McPherson--Concerning emission limitations in operating permits issued to stationary sources of air pollution under the "Colorado Air Pollution Prevention and Control Act".
Committee on State, Veterans, and Military Affairs.
HB98-1323 by Representative Swenson--Concerning the ownership of molds used in the manufacturing process, and, in connection therewith, establishing a molders' lien.
Committee on Business Affairs and Labor.
HB98-1324 by Representative Anderson; also Senator Rizzuto--Concerning administration of the state solid waste management program, and, in connection therewith, providing for a brownfields remediation program.
Committee on Local Government.
HB98-1325 by Representatives Owen, Grampsas, and Romero; also Senators Rizzuto, Blickensderfer, and Lacy--Concerning the implementation of the non-medicaid state subsidized insurance program known as the "children's basic health plan".
Committee on Health, Environment, Welfare and Institutions.
HB98-1326 by Representative Grampsas--Concerning the provision of additional revenue to municipal governments to meet expenses necessitated by the advent of limited gaming.
Committee on Local Government.
HB98-1327 by Representative Pfiffner--Concerning deregulation of passenger transportation, and, in connection therewith, exempting car pool and van pool arrangements in which the owner or operator of a vehicle receives compensation from passengers.
Committee on Transportation and Energy.
HB98-1328 by Representative Gordon--Concerning additional restrictions on activities by minors related to tobacco.
Committee on Health, Environment, Welfare and Institutions.
HB98-1329 by Representative Schauer, George, Gotlieb, and Young; also Senator Ament--Concerning governmental effective-ness, and, in connection therewith, providing for the creation of a task force to study the efficiency, effective-ness, and necessity of state and local governments and the commissioning of a review and analysis of Colorado's total tax revenues, tax expenditures, and fiscal policies.
Committee on Finance.
HB98-1330 by Representative Kaufman; also Senator Dennis--Concerning offenses committed against railroad property.
Committee on Judiciary.
HB98-1331 by Representatives George, Grampsas, Dyer, McElhany, Owen, and Romero; also Senators Wham, Lacy, Ament, Blickensderfer, J. Johnson, and Rizzuto--Concerning limited authority for the controller to allow expenditures in excess of appropriations for the purpose of addressing unforeseen circumstances arising when the general assembly is not meeting in session.
Committee on Finance.
HB98-1332 by Representative Sullivant--Concerning authorization of persons who have obtained special license plates for disabled veterans to make use of parking privileges for persons with disabilities.
Committee on State, Veterans, and Military Affairs.
HB98-1333 by Representatives May, Adkins, Agler, Allen, Arrington, Bacon, Epps, Gotlieb, S. Johnson, June, Kaufman, Keller, Kreutz, Lamborn, Lawrence, Mace, McElhany, McPherson, Musgrave, Nichol, Paschall, Reeser, Sinclair, Smith, Snyder, Swenson, Tate, Tool, S. Williams, and T. Williams; also Senator Mutzebaugh--Concerning administration of the excise tax on fuel.
Committee on Finance.
HB98-1334 by Representatives Hagedorn and Tool, and Morrison--also Senator Hopper Concerning the imposition of increased penalties for persons who commit multiple alcohol-related driving offenses, and, in connection therewith, enacting the "Persistent Drinking Driver Act of 1998" and making an appropriation.
Committee on Health, Environment, Welfare and Institutions.
Committee on Appropriations.
HB98-1335 by Representative Grampsas--Concerning the creation of the Colorado intermountain fixed guideway authority.
Committee on Transportation and Energy.
HB98-1336 by Representative Paschall--Concerning the use of state revenues in excess of the constitutional limitation on state fiscal year spending in lieu of sales tax revenues to provide public moneys for a stadium pursuant to the provisions of the "Metropolitan Football Stadium District Act".
Committee on Finance.
HB98-1337 by Representative Kaufman; also Senator Matsunaka--Concerning the "Colorado Common Interest Ownership Act", and, in connection therewith, allowing variation by agreement from certain provisions of the act, expanding the exemption from the act for new small cooperatives and small and limited expense planned communities, requiring additional notice of meetings of a unit owners' association, and requiring notice of meetings of a unit owners' association's executive board or committee thereof.
Committee on Judiciary.
HB98-1338 by Representatives Lawrence and Kreutz; also Senator Schroeder--Concerning consumer protection standards for the administration of motor vehicle insurance contracts.
Committee on Health, Environment, Welfare and Institutions.
______________
INTRODUCTION OF CONCURRENT RESOLUTION
The following resolution was read by title and referred
to the committee indicated:
HCR98-1004 by Representatives Dean, Agler, Allen, Arrington, Bacon, Gordon, Musgrave, Pankey, Pfiffner, Reeser, Salaz, Sinclair, Swenson, Taylor, and Tool; also Senators Rizzuto and Congrove--Submitting to the registered electors of the state of Colorado an amendment to article V of the constitution of the state of Colorado, concerning measures initiated by petition, and, in connection therewith, decreasing the number of signatures required on petitions proposing state legislation, increasing the number of signatures required on petitions proposing a constitutional amendment, and prohibiting the General Assembly from amending or repealing any law enacted by the initiative within four years of adoption unless approved by two-thirds of all the members elected to each house of the General Assembly.
Committee on State, Veterans and Military Affairs.
______________
INTRODUCTION AND CONSIDERATION OF RESOLUTION
The following resolution was read by title and given
immediate consideration:
HR98-1006 by Representatives
Kreutz, June, and Lamborn--Regarding employee and position for
the House of Representatives convened in the Second Regular Session
of the Sixty-first General Assembly.
Be It Resolved by the House of Representatives
of the Sixty-first General Assembly of the State of Colorado:
That the following named person be appointed as officer
and employee of the House of Representatives of the Sixty-first
General Assembly, convened in Second Regular Session to the position
set opposite her respective name.
Deena Guenzel Assignable Clerk--Grade 61 Step 1
On motion of Representative Kreutz, the rules were suspended and the resolution given immediate consideration and adopted by viva voce vote.
________________
On motion of Representative Lamborn, 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.)
HB98-1015 by Representative
Leyba; also Senator Wham--Concerning continuation of the authority
of the department of public health and environment to regulate
the administration and monitoring of medications in facilities
by qualified unlicensed persons.
Amendment No. 1, Health,
Environment, Welfare and Institutions Report, dated January 14,
1997, and placed in member=s
bill file; Report also printed in House Journal, January 15, page
90.
Amendment No. 2, by Representative
Leyba.
Amend the Health, Environment, Welfare, and Institutions
Committee Report, dated January 14, 1998, strike lines 1 and 2
and substitute the following:
"Amend printed bill, page 4, strike line 12
and substitute following:
"SERVICES FUNDED THROUGH AND REGULATED BY THE
DEPARTMENT OF HUMAN SERVICES PURSUANT TO ARTICLE 10.5 OF TITLE
27, C.R.S., in";".
Amendment No. 3, by Representative
Leyba.
Amend printed bill, page 4, line 5, after the period
insert the following:
"NOTHING IN THIS SUBPARAGRAPH (I.5) AUTHORIZES
OR SHALL BE CONSTRUED TO AUTHORIZE THE PRACTICE OF PHARMACY, AS
DEFINED IN SECTION 12-22-102 (26).".
Amendment No. 4, by Representative
Leyba.
Amend printed bill, page 4, line 4, strike "THIS
PARAGRAPH (ee)," and substitute "THIS SUBPARAGRAPH (I.5),";
line 9, after the period add "NO UNLICENSED
PERSON SHALL FILL AND LABEL MEDICATION REMINDER BOXES PURSUANT
TO THIS SUBPARAGRAPH (I.5) UNTIL SUCH PERSON HAS COMPLETED APPROPRIATE
TRAINING APPROVED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT,
AND NO FACILITY SHALL USE AN UNLICENSED PERSON TO PERFORM SUCH
SERVICES UNLESS SUCH FACILITY HAS A QUALIFIED MANAGER TO OVERSEE
THE WORK OF SUCH UNLICENSED PERSON OR PERSONS. EVERY UNLICENSED
PERSON AND QUALIFIED MANAGER DESCRIBED IN THIS SUBPARAGRAPH (I.5)
SHALL SIGN A DISCLOSURE STATEMENT UNDER PENALTY OF PERJURY STATING
THAT HE OR SHE NEVER HAD A PROFESSIONAL LICENSE TO PRACTICE NURSING,
MEDICINE, OR PHARMACY REVOKED IN THIS OR ANY OTHER STATE FOR REASONS
DIRECTLY RELATED TO THE ADMINISTRATION OF MEDICATIONS. FOR PURPOSES
OF THIS SUBPARAGRAPH (I.5), A "QUALIFIED MANAGER" MEANS
A PERSON WHO:
(A) IS THE OWNER OR OPERATOR OF THE FACILITY
OR A SUPERVISOR DESIGNATED BY THE OWNER OR OPERATOR OF THE FACILITY
FOR THE PURPOSE OF IMPLEMENTING THIS SUBPARAGRAPH (I.5); AND
(B) HAS COMPLETED TRAINING IN THE ADMINISTRATION
OF MEDICATIONS PURSUANT TO THIS SUBPARAGRAPH (I.5) OR IS A LICENSED
NURSE PURSUANT TO ARTICLE 38 OF TITLE 12, C.R.S., A LICENSED PHYSICIAN
PURSUANT TO ARTICLE 36 OF TITLE 12, C.R.S., OR A LICENSED PHARMACIST
PURSUANT TO ARTICLE 22 OF TITLE 12, C.R.S. EVERY UNLICENSED PERSON
WHO IS A "QUALIFIED MANAGER" WITHIN THE MEANING OF THIS
SUBPARAGRAPH (I.5) SHALL, EVERY FIVE YEARS, SUCCESSFULLY COMPLETE
A TEST APPROVED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
PERTAINING TO THE ADMINISTRATION OF MEDICATIONS.
(I.6) TO DEVELOP AND IMPLEMENT POLICIES
AND PROCEDURES WITH RESPECT TO THE PROVISIONS IN SUBPARAGRAPH
(I.5) OF THIS PARAGRAPH (ee) CONCERNING THE ADMINISTRATION OF
MEDICATION REMINDER BOXES.".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1052 by Representative
Dyer--Concerning the addition of for-profit organizations to the
list of student employers for purposes of higher education work-study
programs.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1102 by Representative
Owen; also Senator Blickensderfer--Concerning enforcement
of the Colorado instant criminal background check system, and,
in connection therewith, changing the repeal date to coincide
with federal law and clarifying certain provisions within the
Colorado instant criminal background check system.
Amendment No. 1, State,
Veterans, and Military Affairs Report, dated January 20, 1997,
and placed in member=s
bill file; Report also printed in House Journal, January 21, page
141.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1168 by Representative
Arrington--Concerning limitations on the use of social
security account numbers.
Amendment No. 1, by Representative
Arrington.
Strike the State, Veterans, and Military Affairs
Committee Report, dated January 20, 1998, and substitute the following:
"Amend printed bill, strike everything below
the enacting clause, and substitute the following:
"SECTION 1. Part 1 of
article 21 of title 13, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
1321109.5. Recovery of
damages for fraudulent use of social security numbers.
(1) NO PERSON SHALL BUY OR OTHERWISE OBTAIN OR SELL,
OFFER FOR SALE, TAKE OR GIVE IN EXCHANGE, OR PLEDGE OR GIVE IN
PLEDGE ANY INDIVIDUAL'S SOCIAL SECURITY ACCOUNT NUMBER, OR ANY
DERIVATIVE OF SUCH NUMBER, FOR THE PURPOSE OF COMMITTING FRAUD
OR FRAUDULENTLY USING OR ASSUMING SAID INDIVIDUAL'S IDENTITY.
(2) ANY INDIVIDUAL AGGRIEVED BY THE ACT
OF ANY PERSON IN VIOLATION OF SUBSECTION (1) OF THIS SECTION MAY
BRING A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION TO RECOVER:
(a) SUCH PRELIMINARY AND EQUITABLE RELIEF
AS THE COURT DETERMINES TO BE APPROPRIATE; AND
(b) THE GREATER OF:
(I) ACTUAL DAMAGES; OR
(II) LIQUIDATED DAMAGES OF UP TO TEN THOUSAND DOLLARS.
(3) IN ADDITION TO ANY DAMAGES AND OTHER
RELIEF AWARDED PURSUANT TO SUBSECTION (2) OF THIS SECTION, IF
THE AGGRIEVED INDIVIDUAL PREVAILS, THE COURT MAY ASSESS AGAINST
THE DEFENDANT REASONABLE ATTORNEY FEES AND ANY OTHER LITIGATION
COSTS AND EXPENSES, INCLUDING EXPERT FEES, REASONABLY INCURRED
BY THE AGGRIEVED INDIVIDUAL.
(4) ANY ACTION BROUGHT PURSUANT TO THIS
SECTION SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, ANY CRIMINAL
PROSECUTION THAT MAY BE BROUGHT UNDER ANY STATE OR FEDERAL LAW.
SECTION 2. Effective
date applicability. (1) This act shall take
effect at 12:01 a.m. on the day following the expiration of the
ninetyday period after final adjournment of the general
assembly that is allowed for submitting a referendum petition
pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
(2) The provisions of this act shall apply
to causes of action accruing on or after the applicable effective
date of this act.".".
Amendment No. 2, by Representative
Arrington.
Amend the Amendment No. 1, by Representative Arrington,
printed in House Journal January 30, page 295, after line 10,
insert the following:
"SECTION 2. 2472204, Colorado
Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION
to read:
2472204. Allowance or denial of inspection
grounds procedure appeal.
(3.7) PRIOR TO ALLOWING INSPECTION OF ANY PUBLIC RECORD
THAT INCLUDES A SOCIAL SECURITY NUMBER, THE CUSTODIAN SHALL EXCISE
THE SOCIAL SECURITY NUMBER OR OTHERWISE RENDER IT ILLEGIBLE.
SECTION 3. 2472304,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SECTION to read:
2472305. Allowance or denial of inspection
grounds procedure appeal.
(8) PRIOR TO ALLOWING INSPECTION OF ANY CRIMINAL JUSTICE
RECORD THAT INCLUDES A SOCIAL SECURITY NUMBER, THE CUSTODIAN SHALL
EXCISE THE SOCIAL SECURITY NUMBER OR OTHERWISE RENDER IT ILLEGIBLE.".
Renumber succeeding section accordingly.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1208 by Representatives S. Williams, Bacon, and Keller; also Senator Wattenberg--Concerning the exception of school psychologists and school social workers from certain teacher licensing examination requirements.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1139 by Representative
Leyba; also Senator Chlouber--Concerning a strengthening of the
prohibition against the use of tobacco at schools.
Amendment No. 1, by Representative
Paschall.
Amend printed bill, page 1, line 3, strike "amended"
and substitute "amended, and the said 2514103.5
is further amended BY THE ADDITION OF A NEW SUBSECTION,".
Page 2, after line 5, insert the following:
"(7) THE DEPARTMENT OF EDUCATION
SHALL WORK WITH BOARDS OF EDUCATION OF LOCAL SCHOOL DISTRICTS
TO DEVELOP SEMINARS, EDUCATIONAL COURSES , AND OTHER PROGRAMS
TO ASSIST LOCAL SCHOOL DISTRICTS IN OPERATING TOBACCOFREE
SCHOOLS.".
As amended, referred to the Committee on Appropriations.
(For change in action, see Amendments to Report.)
HB98-1049 by Representative
McPherson; also Senator Schroeder--Concerning the
prohibition of certain transactions by gaming licensees or their
employees involving checks that represent a payment of cash assistance
to a participant under the Colorado works program.
Rereferred to the Committee on Judiciary.
HB98-1079 by Representative
Miller; also Senator Ament--Concerning prisoner
lawsuits.
Amendment No. 1, Judiciary
Report, dated January 20, 1997, and placed in member=s
bill file; Report also printed in House Journal, January 22, pages
205-206.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1103 by Representative
Clarke; also Senators Bishop, Linkhart, and Reeves--Concerning
payment for medically-related services to inmates in the department
of corrections.
Amendment No. 1, Judiciary
Report, dated January 20, 1997, and placed in member=s
bill file; Report also printed in House Journal, January 22, page
207.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1141 by Representative
Allen; also Senator Lacy --Concerning termination
of a tenancy on the basis of acts that constitute a public nuisance.
Amendment No. 1, State,
Veterans, and Military Affairs Report, dated January 20, 1997,
and placed in member=s
bill file; Report also printed in House Journal, January 22, page
208.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1143 by Representatives
Spradley, Dyer, Epps, George, S. Johnson, Keller, Lawrence,
and May; also Senators Arnold, Bishop, and Pascoe--Concerning
the eligibility requirements for children to be enrolled in the
health care program sponsored by the public employees' retirement
association.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1036 by Representative
S. Johnson; also Senator Hopper--Concerning exempting the permanently
disabled from having to provide proof of disability to renew their
special license plates, and, in connection therewith, extending
such exemption to the renewal of identifying placards.
Amendment No. 1, Transportation
and Energy Report, dated January 21, 1998, and placed in member=s
bill file; Report also printed in House Journal, January 23, pages
211-212.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1081 by Representative
Bacon; also Senators Reeves and Hopper--Concerning reporting by
motor vehicle owners in conjunction with the registration of such
vehicles in the AIR program area.
Amendment No. 1, Transportation
and Energy Report, dated January 21, 1998, and placed in member=s
bill file; Report also printed in House Journal, January 23, pages
213-214.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1054 by Representative
McPherson--Concerning the use of inmate labor for disaster
relief.
Amendment No. 1, State,
Veterans, and Military Affairs Report, dated January 22, 1998,
and placed in member=s
bill file; Report also printed in House Journal, January 26, page
225.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1057 by Representative Sullivant; also Senator Chlouber --Concerning funding for pupils who attend school in a school district other than the school district of residence under the provisions of article 36 of title 22, C.R.S.
Amendment No. 1, Education
Report, dated January 26, 1998, and placed in member=s
bill file; Report also printed in House Journal, January 27, pages
237-238.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1225 by Representative
Epps; also Senator Wham--Concerning adjustment of the fee for
the physicians' and physician assistants' peer health assistance
program.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1176 by Representative
Swenson; also Senator Powers--Concerning waste tire
recycling, and, in connection therewith, directing the department
of local affairs to use moneys from the waste tire recycling development
cash fund to provide partial reimbursement to waste tire processors
and end users.
Amendment No. 1, Local
Government Report, dated January 26, 1998, and placed in member=s
bill file; Report also printed in House Journal, January 27, pages
254-255.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1003 by Representatives
Schauer, G. Berry, Paschall, and Tucker; also Senators Mutzebaugh,
Chlouber, and Norton--Concerning the removal of provisions in
the air quality state implementation plan that are more stringent
than those required by federal law.
Amendment No. 1, Business
Affairs and Labor Report, dated January 27, 1998, and placed in
member=s
bill file; Report also printed in House Journal, January 28, pages
260-261.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1217 by Representative
T. Williams--Concerning the regulation of the practice of pharmacy
by the state board of pharmacy, and, in connection therewith,
regulating the supervision of nonpharmacist personnel by pharmacists
and allowing the state board of pharmacy to impose fines against
licensees for violations of statutes regulating pharmacists.
Referred to the Committee on Appropriations.
HB98-1210 by Representatives
Tupa, Epps, Clarke, and S. Williams; also Senator Wham--Concerning
the infant immunization tracking system.
Amendment No. 1, Health,
Environment, Welfare and Institutions Report, dated January 26,
1998, and placed in member=s
bill file; Report also printed in House Journal, January 28, pages
258-259.
Amendment No. 2, by Representative
Tupa.
Amend the Health, Environment, Welfare, and Institutions
Committee Report, dated January 26, 1998, page 1, strike lines
12 through 16;
line 17, strike "SECTION 4." and
substitute ""SECTION 4.".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
On motion of Representative Anderson, the remainder of the General Orders Calendar (HB98-1011, 1088, 1060, 1179, 1110, 1021, 1124, 1138, 1106, 1188) was laid over until February 2, retaining place on Calendar.
_______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representative Leyba moved to amend the Report of
the Committee of the Whole to show that Amendment No. 1, by Representative
Paschall (printed in House Journal page 296, lines 8 through 19),
to HB981139, did not pass, that the Owen motion to
refer the bill to the Committee on Appropriations did not pass,
and that HB981139, did pass.
The amendment was declared passed by the following
roll call vote:
YES 40 NO 25 EXCUSED 0 ABSENT 0
Adkins N Agler N Alexander N Allen N Anderson N Arrington N Bacon Y Berry, G. Y Chavez Y Clarke Y Dean N Dyer Y Entz Y Epps N Faatz Y George N | Gordon Y Gotlieb Y Grampsas Y Grossman Y Hagedorn Y Johnson Y June Y Kaufman Y Keller N Kreutz Y Lamborn N Lawrence Y Leyba Y Mace Y May Y McElhany N | McPherson Y Miller Y Morrison Y Musgrave N Nichol Y Owen N Pankey N Paschall N Pfiffner N Reeser Y Romero Y Salaz Y Saliman Y Schauer N Sinclair Y Smith N | Snyder Y Spradley N Sullivant N Swenson Y Takis Y Tate Y Taylor N Tool N Tucker Y Tupa Y Udall Y Veiga Y Williams, S. Y Williams, T. Y Young N Zimmerman Y Mr. Speaker N |
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB98-1015 amended, 1052,
1102 amended, 1168 amended, 1208, 1139, 1079 amended, 1103 amended,
1141 amended, 1143, 1036 amended, 1081 amended, 1054 amended,
1057 amended, 1225, 1176 amended, 1003 amended, 1210 amended.
Laid over until date indicated retaining place on
Calendar: HB98-1011, 1088, 1060, 1179, 1110, 1021, 1124, 1138,
1106, 1188--February 2, 1998.
Referred to Committee indicated:
HB98-1217--Committee on
Appropriations.
Rereferred to Committee indicated:
HB98-1049--Committee on
Judiciary.
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 65 NO 0 EXCUSED 0 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 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 |
_______________
REPORTS OF COMMITTEES OF REFERENCE
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee
recommends the following:
HB98-1142 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 10 1016102
(6), Colorado Revised Statutes, is amended to read:
1016102. Definitions.
As used in this article, unless the context otherwise requires:
(6) (a) "Business group of one"
means, for purposes of initial qualification, an individual, a
sole proprietor, or a single fulltime employee of a subchapter
S corporation, C corporation, nonprofit corporation, limited liability
company, or partnership who has carried on significant business
activity for a period of at least one year prior to application
for coverage, has taxable income as indicated on federal internal
revenue service forms 1040, schedule C, F, or SE, or other forms
recognized by the federal internal revenue service for income
reporting purposes which generated taxable income in one of the
two previous years or from which that individual, sole proprietor,
or single fulltime employee has derived at least a substantial
part of such individual's income for one year out of any consecutive
threeyear period. This definition
shall be met by an individual certifying in an individual affidavit
signed under oath that such individual meets the definition set
forth in this paragraph (a).
(b) "Business group of one"
includes a fulltime household employee who works twentyfour
hours or more a week on a permanent basis as a household employee,
if that employee has derived at least a substantial part of such
employee's earned income for one year out of the preceding threeyear
period from household employment, and if the employee's employer,
on at least fifty percent of the days in a normal work week during
the preceding calendar quarter, employed at least one household
employee.
(c) Carriers may require whatever
information is reasonably necessary
ANY TWO OF THE FOLLOWING FORMS OF DOCUMENTATION to determine whether
or not a household employee
PERSON meets the requirements of this paragraph
(b), including SUBSECTION (6):
(I) Employmentrelated tax and withholding
information, INCLUDING, WITHOUT LIMITATION, A FEDERAL INTERNAL
REVENUE SERVICE FORM 1099; AND
(II) FEDERAL AND STATE TAX RETURNS OR
A CERTIFICATION BY AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT
THAT FEDERAL AND STATE TAX RETURNS HAVE BEEN FILED AS A BUSINESS.".
Renumber succeeding sections accordingly.
Page 1, strike line 2 and substitute the following:
"SECTION 2. 10-16-105 (8) (a) (I) and
(8) (a) (VII), Colorado Revised Statutes, are";
line 6, after "(I)", insert "(A)".
Page 2, strike line 8 and substitute the following:
"STATUS. THE RATE ADJUSTMENT FACTOR SHALL BE
NO LOWER THAN 0.65 AND NO HIGHER THAN 1.35.
(B) For the purposes of this subsection
(8), small employer carriers";
after line 13, insert the following:
"(VII) For health
benefit plans newly issued and all health benefit plans renewed
on and after January 1, 1998, no rate adjustment factor shall
be used, except as provided in subparagraph (X) of this paragraph
(a).
SECTION 3. Effective date applicability.
This act shall take effect July 1, 1998, and shall apply to policies
newly issued or renewed on or after said date.".
Renumber succeeding section accordingly.
FINANCE
After consideration on the merits, the Committee
recommends the following:
HB98-1026, 1047, 1064, 1067, 1097, 1130, 1162
be referred to the Committee of the Whole with favorable recommendation.
HB98-1039 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Strike the Agriculture, Livestock, and Natural Resources
Committee Report, dated January 14, 1998, and substitute the following:
"Amend printed bill, page 2, line 1, strike
"EIGHT THOUSAND DOLLARS;" and substitute "TEN THOUSAND
DOLLARS;";
line 3, strike "FIVE THOUSAND DOLLARS;"
and substitute "TEN THOUSAND DOLLARS;";
line 5, strike "FIVE THOUSAND DOLLARS;"
and substitute "TEN THOUSAND DOLLARS;";
line 6, strike "EIGHT THOUSAND DOLLARS;"
and substitute "TEN THOUSAND DOLLARS;";
line 9, strike "SIX THOUSAND DOLLARS;"
and substitute "TEN THOUSAND DOLLARS;";
line 11, strike "TWO THOUSAND DOLLARS."
and substitute "FOUR THOUSAND DOLLARS.";
line 12, after "(b)" insert "(I)";
after line 18, insert the following:
"(II) NOTWITHSTANDING THE PROVISIONS OF SECTION
33-6-105, ALL MONEYS COLLECTED AS SURCHARGES UNDER THIS SUBSECTION
(3.4) SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT
SUCH MONEYS TO THE COLORADO TOWN, CITY, COUNTY, OR CITY AND COUNTY
WHERE THE ARREST FOR THE OFFENSE WAS MADE OR THE CITATION FOR
THE OFFENSE WAS ISSUED. SUCH SURCHARGES MAY BE USED TO FURTHER
LAW ENFORCEMENT OR WILDLIFE RELATED PROGRAMS.
SECTION 2. 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 section accordingly.
HB981085
be amended as follows, and as so amended, be referred to the Committee
on Appropriations with favorable recommendation:
Amend printed bill, page 2, strike line 18 and substitute
the following:
"HAS PURCHASED, IN COLORADO, IN THE AGGREGATE
AT LEAST TEN MILLION DOLLARS OF";
line 20, strike "ARTICLE; AND" and substitute
"ARTICLE. PURCHASES OF COMMODITIES OR TANGIBLE PERSONAL PROPERTY
TO BE ERECTED UPON OR AFFIXED TO REAL PROPERTY, INCLUDING, BUT
NOT LIMITED TO, BUILDING AND CONSTRUCTION MATERIALS AND FIXTURES,
SHALL BE EXCLUDED FROM THE AGGREGATE TOTAL OF PURCHASES OF COMMODITIES,
SERVICES, OR TANGIBLE PERSONAL PROPERTY DESCRIBED IN THIS PARAGRAPH
(a).";
line 22, after "ARTICLE", insert "OR
ANY OTHER ARTICLE IN THIS TITLE ADMINISTERED BY THE DEPARTMENT
OF REVENUE".
Page 3, line 3, after "ARTICLE", insert
"OR ANY OTHER ARTICLE IN THIS TITLE ADMINISTERED BY THE DEPARTMENT
OF REVENUE";
after line 7, insert the following:
"(c) THE EXECUTIVE DIRECTOR MAY WAIVE
THE REQUIREMENTS OF PARAGRAPH (b) OF THIS SUBSECTION (1) IF THE
PERSON SUBMITTING THE APPLICATION CAN SHOW THAT ANY FAILURE TO
COMPLY WITH SUCH COLLECTION, REMITTANCE, OR REPORTING REQUIREMENTS
WAS DUE TO REASONABLE CAUSE.
(d) SUCH PERSON HAS IN PLACE AN ACCOUNTING SYSTEM, ACCEPTABLE TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE, THAT WILL ENABLE THE DEPARTMENT TO FULLY AND ACCURATELY COLLECT AND ALLOCATE TO MUNICIPALITIES, COUNTIES, AND ANY OTHER LOCAL TAXING ENTITIES ALL SALES TAXES THAT THE DEPARTMENT COLLECTS FOR SUCH MUNICIPALITIES, COUNTIES, AND OTHER LOCAL TAXING ENTITIES.";
after line 24, insert the following:
"(5) THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF REVENUE MAY REVOKE THE DIRECT PAYMENT PERMIT NUMBER
OF A QUALIFIED PURCHASER THAT HAS VIOLATED ANY PROVISION OF THIS
ARTICLE. THE EXECUTIVE DIRECTOR SHALL GIVE A NOTICE OF REVOCATION
TO SUCH QUALIFIED PURCHASER BY FIRSTCLASS MAIL PURSUANT
TO SECTION 3921105.5. ANY SUCH REVOCATION MAY BE APPEALED
BY THE QUALIFIED PURCHASER WITHIN THIRTY DAYS OF RECEIPT OF THE
NOTICE OF REVOCATION TOGETHER WITH A REQUEST FOR A HEARING ON
SUCH REVOCATION BEFORE THE EXECUTIVE DIRECTOR OR THE EXECUTIVE
DIRECTOR'S DESIGNEE. THE EXECUTIVE DIRECTOR SHALL PROMULGATE RULES
SPECIFYING THE PROCEDURES FOR A REVOCATION APPEAL HEARING. A REVOCATION
APPEAL HEARING SHALL TAKE PLACE WITHIN A REASONABLE TIME AFTER
RECEIPT OF THE REQUEST FOR HEARING BY THE EXECUTIVE DIRECTOR.
THE EXECUTIVE DIRECTOR SHALL ISSUE A FINDING UPHOLDING THE REVOCATION
OR REINSTATING THE DIRECT PAYMENT PERMIT NUMBER WITHIN A REASONABLE
TIME AFTER THE REVOCATION APPEAL HEARING.".
Page 6, strike lines 19 and 20 and substitute the
following:
"(f) ANY QUALIFIED PURCHASER THAT
PROVIDES A DIRECT";
strike lines 23 through 26 and substitute the following:
"PARAGRAPH (a) OF THIS SUBSECTION (1) TO THE
EXTENT OF ANY TAX OWED AS A RESULT OF PURCHASES MADE BY THE QUALIFIED
PURCHASER PLUS ANY PENALTY AND INTEREST ASSESSED PURSUANT TO THIS
ARTICLE OR ARTICLE 21 OF THIS TITLE.".
Page 7, strike lines 1 through 9.
HB98-1112 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 4, strike lines 25 and 26,
and substitute the following:
"SUBSECTION (2), THE EXECUTIVE DIRECTOR MAY
SEEK A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF SUCH EXCESS
EXPENDITURE.";
strike line 26.
Page 5, strike lines 1 through 7.
HB98-1150 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, line 1, after "SCHOOL",
insert "DISTRICT SUPPORTED PUBLIC";
line 4, after "SCHOOL", insert "DISTRICT
SUPPORTED PUBLIC";
line 7, after "SCHOOL", insert "DISTRICT
SUPPORTED PUBLIC";
line 9, after "SCHOOL", insert "DISTRICT
SUPPORTED PUBLIC";
line 10, after "LIBRARY", insert "SOLELY";
line 12, after the period, add "FOR ALL OTHER
PURPOSES UNDER THIS ARTICLE, A SCHOOL DISTRICT SUPPORTED PUBLIC
LIBRARY SHALL BE DEEMED A PUBLIC LIBRARY.";
line 17, after "SCHOOL", insert "DISTRICT
SUPPORTED PUBLIC".
Page 3, line 11, after "SCHOOL", insert
"DISTRICT SUPPORTED PUBLIC";
line 15, after "SCHOOL", insert "DISTRICT
SUPPORTED PUBLIC";
line 16, after "LIBRARY", insert "SOLELY";
line 18, strike "1997" and substitute "1979";
line 25, after "SCHOOL", insert "DISTRICT
SUPPORTED PUBLIC".
Page 4, line 12, after "SCHOOL", insert
"DISTRICT SUPPORTED PUBLIC".
HB98-1169 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 19, strike lines 1 through
3 and substitute the following:
"year beginning July 1, 1998, the amount of
six hundred fifty-four thousand five hundred ninety-five dollars
($654,595). Of such amount, thirty-four thousand dollars ($34,000),
or so much thereof as may be necessary, is".
JUDICIARY
After consideration on the merits, the Committee
recommends the following:
HB98-1083, 1135
be postponed indefinitely.
HB98-1132 be referred to the Committee of the Whole with favorable recommendation.
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB98-087 and 090.
_______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, SB98-087 and 090.
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
SB98-087 by Senator Hopper; also Representative Epps--Concerning the establishment of the most current version of the "American National Standard for Buildings and Facilities providing Accessibility and Usability for Physically Handicapped People" as the criteria for structural requirements for buildings.
Committee on Health, Environment, Welfare and Institutions.
SB98-090 by Senators Wattenberg, Matsunaka, Perlmutter, et. al.; also Representatives Kaufman, Adkins, Grossman, Kreutz, and Nichol--Concerning the enactment of Colorado Revised Statutes 1997 as the positive and statutory law of the state of Colorado.
Committee on Judiciary.
______________
INTRODUCTION OF CONCURRENT RESOLUTION
The following resolution was read by title and referred
to the committee indicated:
HCR98-1005 by Representatives Pankey, Allen, Arrington, June, Kaufman, Romero, and Swenson; also Senator Mutzebaugh--Submitting to the registered electors of the state of Colorado an amendment to article XI of the constitution of the state of Colorado, concerning the pledging of certain state-owned real property for the financing of transportation system projects through public-private partnerships.
Committee on Transportation and Energy.
________________
REPORTS TO THE COLORADO GENERAL ASSEMBLY
The following Reports have been received by the Chief
Clerk of the House of Representatives. The reports are on file
in the Library of Legislative Council.
Colorado Auditor=s Office
Schedule of Computations required under Article X,
Section 20 of the State Constitution - Annual TABOR report (pursuant
to 2477106.5, CRS).
Colorado Children=s Trust Fund
Financial Report, Year Ended June 30, 1997 (pursuant
to 193.5105(1)(j), CRS).
Colorado Public Utilities Commission
Final Report regarding Staff's informal inquiry into
the potential of natural gas local distribution company unbundling
- December 9, 1997.
Colorado Water resources and Power Development Authority
No Fund Request for 1998 (pursuant to 37-95-116,
CRS).
Department of Corrections
1996 Annual Report.
Division of Correctional Industries: Juniper Valley
Products, 1996 Annual Report.
Juvenile Management Plan - Housing Young Offenders
in an Adult System (pursuant to 17-1-104.7, CRS).
Department of Health Care Policy & Financing
Medicaid Consumer Certificate of Choice Program:
A Feasibility Study (pursuant to 26-4-125, CRS).
Department of Human Services
1997 Annual Report
Colorado Regimented Juvenile Training Program Evaluation
Report (pursuant to 19-2-309(6.5)(a)(b), CRS).
Personnel Pilot Project Status Report (pursuant to
24-50-703(6)(a), CRS).
Department of Law
Office of the Attorney General: Legal analysis of
SB94-139.
Department of Natural Resources
Division of Water Resources, Office of the State
Engineer: 13th Annual Report on Dam Safety for FY96-97 (pursuant
to 37-87-114.4, CRS).
Department of Personnel
General Support Services:
Colorado Information Technology Services (CITS): Computing Services (pursuant to 24-30-1603(d), CRS).
Office of the State Controller:
Central Collection Service's Progress and Expenditure
Report for fiscal year 1996-97 (pursuant to 2430202.4,
CRS).
Colorado Comprehensive Annual Financial Report for
the year ended June 30, 1997 (pursuant to 2430204,
CRS).
Total Compensation Survey
Department of Public Safety
Division of Criminal Justice: 1997 Annual Report.
Department of Regulatory Agencies
Promoting Competition in Local Telecommunications:
A report on the actions of the Colorado Public Utilities Commission
(pursuant to SB97-215, Footnote 169a).
Department of Revenue
Colorado Lottery:
Statement of Lottery Revenues, Prize Disbursements
and Other Expenses (Unaudited) for two (2) months ended August
31, 1997 (pursuant to 24-35-204, CRS).
Liquor Enforcement Division: Enforcement actions
for all licensing authorities for calendar year 1997 (pursuant
to 12-47-601(8), CRS).
Department of the Treasury
Quarterly Report of the Department's financial condition for the period ending December 31, 1997.
_______________
On motion of Representative Anderson, the House adjourned
until 10:00 a.m., February 2, 1998.
Approved:
CHARLES E. BERRY,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk