Prayer by the Reverend Bill Haan, Englewood
Bible Church.
The Speaker called the House to order at 10:00
a.m.
The roll was called with the following result:
Present--62.
Absent and excused--Representatives Alexander, Entz, Smith--3.
Present after roll call--Representative Alexander.
The Speaker declared a quorum present.
_______________
On motion of Representative Spradley, the reading of the journal of March 13, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.
______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB98-1394, 1395, 1396, and 1397.
_______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: SB98-67, 103, 104, 153.
______________
DELIVERY OF BILLS TO GOVERNOR
The Chief Clerk of the House of Representatives reports the following bills have been delivered to the Office of the Governor: HB98-1017, 1019, 1024, 1035, 1038, 1056, 1067, 1073, 1074, 1076, 1078, 1082, 1097, 1109, 1119, 1120, 1126, 1132, 1139, 1210, 1225, 1229, 1240, 1273, 1279, and 1331 at 2:00 p.m. on March 13, 1998.
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
In response to the request of the House for a Conference Committee on
______________
CONSIDERATION OF RESOLUTION
HJR98-1016 by Representatives Lawrence, C. Berry, Agler, K. Alexander, Allen, Anderson, Arrington, Dean, Entz, Epps, Faatz,George, Gotlieb, Grampsas, Hefley, S. Johnson, Kaufman,Kreutz, May, McElhany, McPherson, Morrison, Musgrave,Owen, Pankey, Paschall, Pfiffner, Romero, Schauer,Sinclair,Smith,Spradley,Sullivant, Swenson, Tool, Tucker,andYoung; also Senator Powers--Recognizing El PomarFoundation.
(Printed and placed in Member's
files; also printed in House Journal, March 9, 1998, pages-854.)
On motion of Representative Lawrence, the resolution
was read at length and adopted by the following roll call
vote:
YES 62 NO 0 EXCUSED 3 ABSENT 0
| Adkins Y Agler Y Alexander E Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz E 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 Y Saliman Y Schauer Y Sinclair Y Smith E | 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 |
Co-sponsors added: Roll call of the House.
_______________
LAY OVER OF CALENDAR ITEM
On motion of Representative Anderson, Consideration of Third Reading (HB98-1146) was laid over until March 23, retaining place on Calendar.
________________
On motion of Representative Spradley, 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.)
On motion of Representative Anderson, HB98-1011
was laid over until March 17, retaining place on Calendar.
On motion of Representative Anderson, SB98-107
was laid over until March 20, retaining place on Calendar.
SB98-035 by Senator
Mutzebaugh; also Representative Swenson--Concerning the performance
of a field survey by a professional land surveyor before railroad
tracks are removed from abandoned railroad rights-of-way to create
a legal description of the property.
Amendment No. 1, by Representative
Swenson.
Amend reengrossed bill, page 1, strike lines 4 through
7 and substitute the following:
"4311311. Railroad
track removal notice to adjacent landowners survey.
(1) Before any railroad
tracks are removed from abandoned railroad rightsofway
in Colorado, if a proper legal description is not available, the
person or entity removing the railroad tracks shall cause a field
survey of the centerline of such railroad tracks to be made by
a professional land surveyor, if title to any land references
such railroad tracks. The professional land surveyor shall deposit
a survey plat in accordance with section 3850101,
C.R.S., showing the following: BEFORE
ANY PERSON OR ENTITY REMOVES ANY RAILROAD TRACKS FROM ABANDONED
RAILROAD RIGHTSOFWAY IN COLORADO, THE PERSON OR ENTITY
REMOVING THE RAILROAD TRACKS SHALL NOTIFY ALL LANDOWNERS WHO OWN
LAND IMMEDIATELY ADJACENT TO THE ABANDONED RAILROAD RIGHTOFWAY
AT LEAST SIX MONTHS BEFORE THE RAILROAD TRACKS ARE REMOVED. SUCH
NOTICE SHALL BE BY FIRST CLASS MAIL AND SHALL ADVISE THE LANDOWNER
OF THE FOLLOWING:
(a) Fieldmeasured
dimensions of the centerline of the railroad tracks
THE DATE THE RAILROAD TRACKS ARE GOING TO BE REMOVED; and
(b) Fieldmeasured
bearing and distance ties to public land survey monument corners
so that no point on said abandoned railroad rightsofway
is further than two miles from a public land survey monument corner.
THAT REMOVAL OF THE RAILROAD TRACKS MAY AFFECT THE LEGAL DESCRIPTION
OF THE LANDOWNER'S PROPERTY AND THAT THE LANDOWNER MAY WISH TO
CONTACT A PROFESSIONAL LAND SURVEYOR IN ORDER TO DETERMINE IF
A NEW SURVEY OF THE PROPERTY SHOULD BE PERFORMED PRIOR TO THE
REMOVAL OF THE RAILROAD TRACKS; AND
(c) IF THE LANDOWNER DETERMINES THAT A
NEW SURVEY OF HIS OR HER PROPERTY IS IN ORDER, THE PERSON OR ENTITY
REMOVING THE RAILROAD TRACKS SHALL ALLOW THE LANDOWNER ACCESS
TO THE ABANDONED RAILROAD RIGHTOFWAY SOLELY FOR THE
PURPOSE OF PERFORMING THE NEW SURVEY; AND
(d) THE NAME, ADDRESS, AND TELEPHONE NUMBER
OF A PERSON REPRESENTING THE PERSON OR ENTITY REMOVING THE RAILROAD
TRACKS THAT THE LANDOWNER MAY CONTACT FOR INFORMATION AND TO ARRANGE
ACCESS TO THE ABANDONED RAILROAD RIGHTOFWAY.
(2) NO RAILROAD TRACKS MAY BE REMOVED
FROM AN ABANDONED RAILROAD RIGHTOFWAY PRIOR TO THE
EXPIRATION OF THE SIXMONTH PERIOD PROVIDED IN SUBSECTION
(1) OF THIS SECTION, UNLESS ALL LANDOWNERS WHO OWN THE LAND IMMEDIATELY
ADJACENT TO THE ABANDONED RAILROAD RIGHTOFWAY WAIVE
THE SIXMONTH PERIOD, IN WRITING.".
Page 2, strike lines 1 through 12.
Amendment No. 2, by Representative
Swenson.
Amend the Amendment No. 1, by Representative Swenson,
printed in House Journal page 919, line 38, after "RIGHTOFWAY",
insert "AND THE COUNTY CLERK AND RECORDER'S OFFICES WHERE
SUCH RIGHTOFWAY IS LOCATED";
line 39, strike "NOTICE" and substitute
"NOTICES";
line 40, after "LANDOWNER" insert "AND
CLERK AND RECORDER'S OFFICES".
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB98-046 by Senator
Arnold; also Representative Reeser--Concerning an exemption from
emission inspection requirements for the sale of a motor vehicle
if sufficient notice is provided to the purchaser.
Amendment No. 1, Transportation
and Energy Report, dated February 26, 1998, and placed in member's
bill file; Report also printed in House Journal, February 27,
page 762.
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
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.
Ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB98-027 by Senator
Reeves; also Representative Tucker--Concerning the authority of
county treasurers.
Ordered revised and placed on the Calendar for Third
Reading and Final Passage.
SB98-055 by Senator
Dennis; also Representative Lawrence--Concerning the enforcement
authority of county governments for violations of county laws.
Amendment No. 1, Local
Government Report, dated February 24, 1998, and placed in member's
bill file; Report also printed in House Journal, February 27,
pages 756-758.
Amendment No. 2, by Representative
Lawrence.
Amend the Local Government Committee Report, dated
February 24, 1998, page 1, line 7, strike "OR"."
and substitute "OR";";
after line 7, insert the following:
"line 8, after the period, add "IN NO EVENT
SHALL CIVIL PENALTIES IMPOSED PURSUANT TO THIS SECTION CONSTITUTE
A LIEN AGAINST THE REAL PROPERTY.";
line 18, strike "AND";
line 19, strike "RECOVERY OF REASONABLE ATTORNEY
FEES AND COURT COSTS".".
Page 2 of the committee report, line 13, after the
period, add "IN NO EVENT SHALL CIVIL PENALTIES IMPOSED PURSUANT
TO THIS SECTION CONSTITUTE A LIEN AGAINST THE REAL PROPERTY.".
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB98-045 by Senator
J. Johnson; also Representative George--Concerning an increase
in compensation for public trustees, and, in connection therewith,
increasing public trustees' salaries.
Amendment No. 1, Local
Government Report, dated March 2, 1998, and placed in member's
bill file; Report also printed in House Journal, March 3, pages
795-797.
Amendment No. 2, by Representative
George.
Amend the Local Government Committee Report, dated
March 2, 1998, page 1, line 4, strike "lines 5 and 6"
and substitute "line 5".
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB98-037 by Senator
Lacy; also Representative Tool--Concerning disciplinary
procedures applicable to the alleged sale of alcohol beverages
to a person under twenty-one years of age who is acting at the
direction of an employee of a law enforcement agency.
Amendment No. 1, Business
Affairs and Labor Report, dated March 3, 1998, and placed in member's
bill file; Report also printed in House Journal, March 4, page
809.
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB98-073 by Senator
Matsunaka; also Representative McElhany--Concerning property rental
issues.
Amendment No. 1, Business
Affairs and Labor Report, dated March 3, 1998, and placed in member's
bill file; Report also printed in House Journal, March 4, pages
809-810.
Amendment No. 2, by Representative
McElhany.
Amend the Business Affairs and Labor Committee Report,
dated March 3, 1998, page 1, strike line 7 and substitute the
following:
""SECTION 2. 84127
(3), Colorado Revised Statutes, is amended to read:
84127. Termination of occupancy to
a contract of employment legislative declaration. (3) If
an employee fails to vacate the premises within three days after
the receipt of the notice of termination of the license to occupy
the premises, the employer may contact a
local law enforcement agency THE
COUNTY SHERIFF to have the employee removed from the premises.
The local law enforcement officer
COUNTY SHERIFF shall remove the employee and any personal property
of the employee from the premises upon the showing to the local
law enforcement officer COUNTY SHERIFF
of the notice of termination of the license to occupy the premises
and agreement pursuant to which the license to occupy the premises
was granted.
SECTION 3. This
act shall take effect at 12:01 a.m. on the day".
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB98-102 by Senator
Linkhart; also Representative Tate--Con-cerning entities created
pursuant to title 7, Colorado Revised Statutes.
Amendment No. 1, by Representative
Tate.
Amend reengrossed bill, page 23, strike lines 3 through
26.
Page 24, strike lines 1 through 4.
Renumber succeeding sections accordingly.
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB98-151 by Senators
Phillips, Thiebaut, Linkhart, Matsunaka, et al; also Representative
Kaufman--Concerning mediation of controversies between
unit owners' associations and unit owners under the "Colorado
Common Interest Ownership Act".
Amendment No. 1, Business
Affairs and Labor Report, dated March 3, 1998, and placed in member's
bill file; Report also printed in House Journal, March 4, page
810.
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB98-001 by Senators
Wells; also Representative Adkins--Concerning discipline of students
in public schools.
Amendment No. 1, Education
Report, dated March 2, 1998, and placed in member's
bill file; Report also printed in House Journal, March 4, pages
810-811.
Amendment No. 2, by Representative
Adkins.
Amend the Education Committee Report, dated March
2, 1998, page 1, line 16, strike ""(I) and (1) (c.5)
(IV),";" and substitute ""(IV),".";
strike line 17.
Page 2 of the report, strike lines 1 through 4 and
substitute the following:
"Page 9, strike lines 4 through 6 and substitute
the following:
"(c.5) (IV) No child shall be
declared to be an habitually disruptive".
Amendment No. 3, by Representative
Adkins.
Amend reengrossed bill, page 7, strike lines 6 through
11 and substitute the following:
"(I) The number
of students expelled from COSTS INCURRED
BY the applying school district IN PROVIDING EDUCATIONAL SERVICES
TO EXPELLED STUDENTS during the school year preceding the school
year for which the grant is requested;
(II) The estimated
number of students enrolled in the school district who are anticipated
to be at risk of suspension or expulsion during the year for which
the grant is requested;";
strike lines 15 through 17 and substitute the following:
"year for which the grant is requested; and
the number of expelled students anticipated to receive such services
during the year for which the grant is requested;".
Amendment No. 4, by Representative
Adkins.
Amend reengrossed bill, page 6, line 14, before "PURSUANT",
insert "AND TO STUDENTS AT RISK OF EXPULSION".
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB98-063 by Senators
Arnold, B. Alexander, Blickensderfer, et. al.; also Representatives
Adkins, Allen, Arrington, June, Keller, Musgrave, Reeser, Sinclair,
and Sullivant--Concerning repeal of the repeal provision of the
"Charter Schools Act".
Ordered revised and placed on the Calendar for Third
Reading and Final Passage.
SB98-076 by Senator
Weddig; also Representative Lawrence--Concerning the acknowledgment
of instruments.
Amendment No. 1, State,
Veterans, and Military Affairs Report, dated March 3, 1998, and
placed in member's
bill file; Report also printed in House Journal, March 4, pages
811-813.
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
On motion of Representative Anderson, the remainder of the General Orders Calendar (SB98-133, 159, 174, 8, 31, 54, 124, 136, HB98-1023, 1063, 1099, 1144, 1321, SB98-2, 49, 93, 141, HB98-1378, SB98-118, 157, 11, 82, 71, 51, 111, 70, 128, HB98-1379) was laid over until March 17, retaining place on Calendar.
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ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: SB98-35 amended, 46 amended,
87, 27, 55 amended, 45 amended, 37 amended, 73 amended, 102 amended,
151 amended, 1 amended, 63, 76 amended.
Laid over until date indicated retaining place on Calendar:
HB98-1011, SB98-133, 159, 174, 8, 31, 54, 124, 136, HB98-1023, 1063, 1099, 1144, 1321, SB98-2, 49, 93, 141, HB98-1378, SB98-118, 157, 11, 82, 71, 51, 111, 70, 128, HB98-1379--March 17, 1998.
SB98-107--March 20, 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 62 NO 0 EXCUSED 3 ABSENT 0
| Adkins Y Agler Y Alexander Y Allen YAnderson Y Arrington Y Bacon Y Berry, G. Y Chavez Y Clarke Y Dean Y Dyer Y Entz E 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 E Pankey Y Paschall Y Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y Smith E | 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 |
_______________
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILL
HB98-1149 by Representatives
Morrison, Epps, Sinclair, Snyder, and Tool; also Senator Wham--Concerning
the creation of the Colorado health care task force, and, in connection
therewith, abolishing the joint review committee for the medically
indigent and the medical assistance reform advisory committee
and replacing such committees with the Colorado health care task
force.
(Amended as printed in Senate Journal, February 27,
pages 363-364, and on Third Reading as printed in Senate Journal,
March 3.)
Representative Morrison moved that the House not
concur in Senate amendments and that a Conference Committee
be appointed. The motion was declared passed by the following
roll call vote:
YES 62 NO 1 EXCUSED 2 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 E 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 N Pfiffner Y Reeser Y Romero Y Salaz Y Saliman Y Schauer Y Sinclair Y Smith E | 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 |
The Speaker appointed Representatives Morrison, Chairman, McPherson and Leyba as House conferees to the bill.
On motion of Representative Anderson, Consideration of Senate amendments to HB98-1015, 1039 was laid over until March 17, retaining place on Calendar.
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has adopted and transmits herewith: SJR98-007 and 012.
______________
INTRODUCTION OF RESOLUTIONS
The following resolution was read by title and referred
to the committee indicated:
SJR98-7 by Senators Norton, Arnold, Chlouber, and Powers; also Representatives Adkins, Entz, Lawrence, Miller, Owen, Paschall, Swenson, and Young--Concerning a request for action to defend Senate Bill 94-139 and to allow the state to implement that law without interference from the environmental protection agency.
Committee on Judiciary.
_________
The following resolution was read by title and laid
over one day under the rules:
SJR98-12 by Senator Blickensderfer; also Representative McPherson--Concerning the recognition of Liberty Day and Liberty month in Colorado.
_______________
On motion of Representative Anderson, the House adjourned
until 9:00 a.m., March 17, 1998.
Approved:
CHARLES E. BERRY,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk