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HOUSE JOURNAL

SIXTY-FIRST GENERAL ASSEMBLY

STATE OF COLORADO

Second Regular Session

Fifty-ninth Legislative Day Friday, March 6, 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--62.

Absent and excused--Representatives Adkins, Salaz, Taylor--3.

The Speaker declared a quorum present.

_______________

On motion of Representative Hefley, the reading of the journal of March 5, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

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REPORTS OF COMMITTEES OF REFERENCE

STATE, VETERANS AND MILITARY AFFAIRS

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

HJR98-1012 be referred out for final action.

HB98­1378 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 21 through 26 and substitute the following:

"SECTION 2.  Effective date.  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.".

TRANSPORTATION AND ENERGY

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

HB98-1281 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, line 2, strike ", the introductory";

line 3, strike "portion to 32-9-119.5 (3) (e) (II),".

Page 7, strike lines 10 through 17.

Page 9, after line 11, insert the following:

"SECTION 3. Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the cash fund not otherwise appropriated, to the department of state auditor, for the fiscal year beginning July 1, 1998, the sum of thirty thousand dollars ($30,000), or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "DISTRICT." and substitute "DISTRICT, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

SB98-118 be referred to the Committee of the Whole with favorable recommendation.

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PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB98-1384 and 1385.

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB98-1022, 1054, 1071, 1230, 1351, 1355; SJR98-4, 8, 19.

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DELIVERY OF BILL TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bill has been delivered to the Office of the Governor: HB98-1071 at 9:00 a.m. on March 6, 1998.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has postponed indefinitely and returns herewith: HB98-1192.

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INTRODUCTION OF BILL

First Reading

The following bill was read by title and referred to the committee indicated:

HB98-1385 by Representatives Owen, Grampsas, and Romero; also Senators Blickensderfer, Lacy, and Rizzuto--Concerning establishment of catchment areas for juvenile facilities.

Committee on Judiciary.

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CONSIDERATION OF MEMORIAL

HM98-1002 by Representative C. Berry--Memorializing Arthur C. Herzberger.

(Printed in House Journal, March 4, 1998, pages 814-816.)

On motion of Representative C.Berry, the memorial was read at length and adopted by the following roll call vote:

YES 62 NO 0 EXCUSED 3 ABSENT 0

Adkins E

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

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz 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 E

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor E

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Roll call of the House.

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CONSIDERATION OF RESOLUTION

HJR98-1012 by Representative C. Berry; also Senators Norton and Wells--Concerning the authority of the Jack Swigert Memorial Commission to raise additional moneys to place an additional statue of John Swigert in the state of Colorado.

(Printed and placed in member's files; also printed in House Journal, February 13, 1998, pages 498-500.)

On motion of Representative Anderson, the rules were suspended and the resolution given immediate consideration.

On motion of Representative C.Berry, the resolution was adopted by the following roll call vote:

YES 62 NO 0 EXCUSED 3 ABSENT 0

Adkins E

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

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz 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 E

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor E

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Faatz, George, Gotlieb, Hagedorn, Hefley, McPherson, Nichol, Pankey, Paschall, Reeser, Romero, Schauer, Smith, Snyder, Tucker, Young.

________________

On motion of Representative T.Williams, the House resolved itself into Committee of the Whole for consideration of General Orders, and she 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.)

SB98-066 by Senator Wells; also Representative Kreutz--Concerning service of persons with disabilities as jurors in court cases.

Amendment No. 1, Judiciary Report, dated February 24, 1998, and placed in member's bill file; Report also printed in House Journal, February 26, page 750.

As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.

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.

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

SB98-114 by Senator Wells; also Representative Kaufman--Concerning the formulae by which public employee retirement benefits may be divided pursuant to a court-approved agreement entered into between parties to a domestic relations action.

Amendment No. 1, Judiciary Report, dated February 24, 1998, and placed in member's bill file; Report also printed in House Journal, February 26, page 750.

As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.

SB98-078 by Senator Ament; also Representative Entz--Concerning the financing of water resource projects by the Colorado water resources and power development authority.

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

HB98-1009 by Representative Sullivant--Concerning the fire suppression program in the fire safety division of the Colorado department of public safety.

Amendment No. 1, State, Veterans, and Military Affairs Report, dated January 15, 1998, and placed in member's bill file; Report also printed in House Journal, January 19, pages 106-107.

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB98-1030 by Representative Agler; also Senator Schroeder--Concerning the elimination of the consideration of federal broadcast licenses by the property tax administrator when determining the actual value of a wireless carrier for property tax purposes.

Amendment No. 1, Finance Report, dated February 11, 1998, and placed in member's bill file; Report also printed in House Journal, February 13, page 514.

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB98-1088 by Representative Kaufman; also Senator Mutzebaugh--Concerning procedural changes for the strengthening of the criminal laws.

Amendment No. 1, Judiciary Report, dated January 20, 1998, and placed in member's bill file; Report also printed in House Journal, January 22, pages 206-207.

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB98-1112 by Representative Swenson; also Senator Hopper--Concerning assistance grants for elderly and disabled persons.

Amendment No. 1, Appropriations Report, dated February 27, 1998, and placed in member's bill file; Report also printed in House Journal, February 27, pages 770-773.

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB98-1137 by Representatives Kreutz and Lawrence; also Senator Coffman--Concerning authorization of county transfers of temporary assistance for needy families funds to programs funded by Title XX of the federal "Social Security Act".

Amendment No. 1, Appropriations Report, dated February 27, 1998, and placed in member's bill file; Report also printed in House Journal, February 27, page 773.

Amendment No. 2, by Representative Owen.

Amend the Appropriations Committee Report, dated February 27, 1998, page 1, strike lines 5 through 9, and substitute the following:

""FEDERAL SOCIAL SECURITY ACT; EXCEPT THAT, IF A COUNTY USES FUNDS TRANSFERRED PURSUANT TO THIS SUBSECTION (8) FOR THE DELIVERY OF CHILD WELFARE SERVICES IN THE COUNTY, THE COUNTY MAY ONLY MAKE SUCH TRANSFER TO MEET THE COUNTY'S SHARE OF THE AMOUNT OF ITS CAPPED ALLOCATION PURSUANT TO THE PROVISIONS OF SECTION 26­5­104. A COUNTY SHALL NOT BE AUTHORIZED TO MAKE A TRANSFER OF FUNDS PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (8) IF ALL FUNDS IN ITS CAPPED ALLOCATION FOR CHILD WELFARE SERVICES HAVE BEEN EXHAUSTED.".".".

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB98-1189 by Representatives Entz and Reeser; also Senator Bishop--Concerning the funding of Colorado water conservation board projects, and making appropriations in connection therewith.

Amendment No. 1, Agriculture, Livestock and Natural Resources Report, dated February 4, 1998, and placed in member's bill file; Report also printed in House Journal, February 5, pages 382-384.

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

SB98-003 by Senators Bishop and Linkhart; also Representatives Schauer, Clarke, and Leyba--Concerning the extension of the termination date of the state lottery division of the department of revenue.

Amendment No. 1, Finance Report, dated February 25, 1998, and placed in member's bill file; Report also printed in House Journal, February 27, page 775.

As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.

SB98-132 by Senators Hopper and Tebedo; also Representative Grampsas--Concerning valuation for property tax purposes of real property that is located within districts in which limited gaming is authorized but is not used for limited gaming.

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

HB98-1376 by Representatives Agler, Adkins, Dean, Salaz, and Young--Concerning the protection of crime victims from civil actions.

Amendment No. 1, by Representatives Agler and Grossman.

Amend printed bill, page 3, after line 20, insert the following:

"(a.6) FOR PURPOSES OF PARAGRAPH (a.5) OF THIS SUBSECTION (2), A FINDING OF NOT GUILTY OF CRIMINAL CHARGES DOES NOT INCLUDE A FINDING OF NOT GUILTY BY REASON OF INSANITY OR A FINDING OF NOT GUILTY BY REASON OF IMPAIRED MENTAL CONDITION.".

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

SB98-038 by Senator Weddig; also Representative Owen--Concerning agreements to pay compensation for the recovery of unclaimed property.

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

HB98-1372 by Representative Swenson; also Senator Norton--Concerning requiring certificates of review in professional negligence actions to include the defendant's employer.

Amendment No. 1, Judiciary Report, dated February 26, 1998, and placed in member's bill file; Report also printed in House Journal, February 27, page 776.

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, SB98-107, 16, 5, 32, 55, HB98-1123, 1128, 1375, SB98-35, 46, 87, 27, 45, 37, 73, 102, 151, 1, 63, 76, 133.) was laid over until March 9, retaining place on Calendar.

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ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: SB98-66 amended, 90, 114 amended, 78, HB98-1009 amended, 1030 amended, 1088 amended, 1112 amended, 1137 amended, 1189 amended, SB98-3 amended, 132, HB98-1376 amended, SB98-38, HB98-1372 amended.

Laid over until date indicated retaining place on Calendar: HB98-1011, SB98-107, 16, 5, 32, 55, HB98-1123, 1128, 1375, SB98-35, 46, 87, 27, 45, 37, 73, 102, 151, 1, 63, 76, 133--March 9, 1998.

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was adopted.

YES 60 NO 0 EXCUSED 4 ABSENT 1

Adkins E

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

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey ­

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz E

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor E

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker E

_______________

REPORTS OF COMMITTEES OF REFERENCE

APPROPRIATIONS

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

HB98-1023 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, after line 1, insert the following:

"SECTION 2. Appropriation - adjustments to the 1998 long bill. (1) For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows:

(a) The appropriation to the department of human services, office of information technology services, for the client-oriented information network, is increased by two thousand two hundred ten dollars ($2,210). Said sum shall be from the old age pension fund.

(b) The appropriation to the department of human services, for county administration, is increased by sixty-eight thousand eight hundred twenty-one dollars ($68,821). Of said sum, fifty-five thousand fifty-seven dollars ($55,057) shall be from the general fund, and thirteen thousand seven hundred sixty-four dollars ($13,764) shall be from cash funds exempt.

(c) The appropriation to the department of human services, division of self-sufficiency, for the old age pension program, is decreased by five hundred ninety-three thousand five hundred fifty-four dollars ($593,554). Said sum shall be from the old age pension fund.

(d) The appropriation to the department of human services, division of self-sufficiency, for the aid to the needy disabled state supplement grant program, is increased by one hundred ninety-two thousand two hundred seventy-one dollars ($192,271). Of said sum, one hundred fifty-three thousand eight hundred seventeen dollars ($153,817) shall be from the general fund, and thirty-eight thousand four hundred fifty-four dollars ($38,454) shall be from cash funds exempt.

(e) The appropriation to the department of human services, division of self-sufficiency, for the aid to the needy disabled state-only grant program, is increased by two hundred thirty-one thousand six hundred sixty dollars ($231,660). Of said sum, one hundred eighty-five thousand three hundred twenty-eight dollars ($185,328) shall be from the general fund, and forty-six thousand three hundred thirty-two dollars ($46,332) shall be from cash funds exempt.

(f) The appropriation to the department of health care policy and financing, medical programs, medical services, for services for old age pensioners (OAP-A), is decreased by nine million seven hundred twenty-nine thousand six hundred sixty-eight dollars ($9,729,668). Of said sum, four million seven hundred eighty-five thousand fifty dollars ($4,785,050) shall be from the general fund, and four million nine hundred forty-four thousand six hundred eighteen dollars ($4,944,618) shall be from federal funds.

(g) The appropriation to the department of health care policy and financing, medical programs, medical services, for services for old age pensioners (OAP-B), is decreased by four hundred eighty-nine thousand four hundred eight dollars ($489,408). Of said sum, two hundred forty thousand six hundred ninety-one dollars ($240,691) shall be from the general fund, and two hundred forty-eight thousand seven hundred seventeen dollars ($248,717) shall be from federal funds.

(h) The appropriation to the department of health care policy and financing, medical programs, medical services, for the old age pension state medical program, is decreased by one hundred ten thousand seventy-four dollars ($110,074). Said sum shall be from the old age pension health and medical fund.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "PENSION." and substitute "PENSION, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

HB98­1063 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 4, after line 10, insert the following:

"SECTION 4.  Appropriation. In addition to any other appropriation, there is hereby transferred, out of any moneys in the state schools of choice fund created in section 22­36­105, Colorado Revised Statutes, not otherwise appropriated, for the fiscal year beginning July 1, 1998, the sum of one hundred ten thousand three hundred twenty dollars ($110,320), or so much thereof as may be necessary, for the implementation of this act. Of such sum, fifty­three thousand three hundred twenty dollars ($53,320), is appropriated to the department of education; and fifty­seven thousand dollars ($57,000) is transferred to the highway users tax fund.".

Renumber succeeding section accordingly.

Page 1, strike line 104, and substitute the following:

"CHARGE, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

HB98-1099, 1144 be referred to the Committee of the Whole with favorable recommendation.

HB98-1321 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 6, line 13, strike "THE EXECUTIVE DIRECTOR OF THE";

strike lines 14 and 15;

line 16, strike "SECTION.".

Page 7, strike lines 22 through 26.

Page 8, strike lines 1 through 8.

Renumber succeeding section accordingly.

Page 1, line 101, strike "SERVICES, AND MAKING AN" and substitute "SERVICES.";

strike line 102.

FINANCE

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

HCR98-1006 be postponed indefinitely.

SB98-2, 49, 93, 141 be referred to the Committee of the Whole with favorable recommendation.

SB98-116 be postponed indefinitely.

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HM98-1002.

______________

DELIVERY OF BILL TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bill has been delivered to the Office of the Governor: HB98-1031 at 9:30 a.m. on March 6, 1998.

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LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until March 6, retaining place on Calendar:

Consideration of Resolutions--SJR98-3, 9.

Consideration of Senate Amendments--HB98-1143, 1149.

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On motion of Representative Anderson, the House adjourned until 10:00 a.m., March 9, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk