This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

HOUSE JOURNAL

SIXTY-FIRST GENERAL ASSEMBLY

STATE OF COLORADO

Second Regular Session

Twenty-fourth Legislative Day Friday, January 30, 1998

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