Prayer by Bishop Allan Bjornberg, Rocky Mountain Synod of Evangelical Lutheran Church in America.

The Speaker called the House to order at 9:00 a.m.

The roll was called with the following result:

Present--58.

Absent and excused--Representatives Adkins, Grampsas, Romero, Sullivant, Tate, Tupa, S. Williams--7.

Present after roll call--Representatives Adkins, Romero, Sullivant, Tupa, S. Williams.

The Speaker declared a quorum present.

_______________

On motion of Representative Spradley, the reading of the journal of March 17, 1998, was declared dispensed with and approved as corrected by the Chief Clerk. _______________

APPOINTMENT

Pursuant to House Rule 3(b)(5), the Speaker designated Representative Schauer to serve as the Speaker Pro Tempore in the absence of Representative Grampsas.

_______________

REPORTS OF COMMITTEES OF REFERENCE

BUSINESS AFFAIRS AND LABOR

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

HB98-1395 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 17, strike "LINE" and substitute "LINE FROM MILEPOST 747.5 NEAR TOWNER TO MILEPOST 869.4 NEAR NA JUNCTION, COLORADO";

after line 22, insert the following:

"(c) (I) THE DEPARTMENT SHALL USE ITS BEST EFFORTS TO SELL THE TOWNER RAILROAD LINE BEFORE JUNE 30, 2000, TO A FINANCIALLY RESPONSIBLE RAILROAD OPERATOR WHO WILL USE THE LINE TO PROVIDE RAIL SERVICE. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE DEPARTMENT SHALL HAVE THE AUTHORITY TO SELL THE TOWNER RAILROAD LINE ONLY FOR RAILROAD PURPOSES.

(II) THE MONEYS RECEIVED BY THE DEPARTMENT FOR THE SALE OF THE TOWNER RAILROAD LINE SHALL BE FORWARDED TO THE STATE TREASURER WHO SHALL DEPOSIT SUCH MONEYS IN THE STATE RAILBANK FUND, CREATED IN SECTION 43-1-1309.

(d) THE STATE SHALL NOT BE RESPONSIBLE FOR THE PAYMENT OF ANY TAX, INCLUDING PROPERTY TAX, THAT MAY RESULT FROM ITS OWNERSHIP OF THE TOWNER RAILROAD LINE.

(e) IF THE DEPARTMENT IS UNABLE TO SELL THE TOWNER RAILROAD LINE TO A FINANCIALLY RESPONSIBLE RAILROAD OPERATOR BY JUNE 30, 2000, THE DEPARTMENT SHALL TAKE THE STEPS NECESSARY TO COMPLETE THE ABANDONMENT OF THE TOWNER RAILROAD LINE AND SALVAGE THE RAILROAD TRACKS.

(f) THIS SUBSECTION (4) IS REPEALED EFFECTIVE JUNE 30 , 2001.".

HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

HB98-1377, 1383, 1386 be postponed indefinitely.

HB98-1382 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, strike everything below the enacting clause, and substitute the following:

"SECTION 1.  26­2­708 (3), Colorado Revised Statutes, is amended to read:

26­2­708.  Benefits ­ assessment ­ individual responsibility contract ­ screening for domestic violence. (3)  The IRC shall contain provisions in bold print at the beginning of the document that notify the participant of the following:

(a)  That no individual is legally entitled to any form of assistance under the Colorado works program;

(b)  That the IRC is a contract that contains terms and conditions governing the participant's receipt of assistance under the Colorado works program and that nothing in such contract may be deemed to create a legal entitlement to assistance under the Colorado works program; and

(c)  That the participant's failure to comply with the terms and conditions of the IRC may result in sanctions, including but not limited to the termination of any cash assistance; AND

(d)  FOR A COUNTY THAT HAS ELECTED TO IMPLEMENT A WORKS DRUG ABUSE CONTROL PROGRAM DESCRIBED IN SECTION 26­2­711 (5) (c), THAT, IF A PARTICIPANT IS NOT SANCTIONED FOR NONPARTICIPATION IN A WORK ACTIVITY BASED UPON A DETERMINATION OF GOOD CAUSE AND SUCH GOOD CAUSE IS BASED UPON THE PARTICIPANT'S USE OF A CONTROLLED SUBSTANCE, SUCH PARTICIPANT SHALL TAKE ACTION TOWARD REHABILITATION CONSISTENT WITH THE RECOMMENDATIONS OF THE ASSESSMENT PURSUANT TO SECTION 26­2­711 (5) (c). SUCH REHABILITATION PLAN MAY INCLUDE RANDOM DRUG TESTING, DRUG TREATMENT, OR OTHER REHABILITATION ACTIVITIES. THE PARTICIPANT MAY BE SUBJECT TO ANY SANCTIONS FOR NONPARTICIPATION IN A WORK ACTIVITY IF THE PARTICIPANT FAILS TO MEET THE REQUIREMENTS OF THE REHABILITATION PLAN; EXCEPT, HOWEVER, A PARTICIPANT MAY NOT BE SANCTIONED FOR FAILING TO MEET THE REQUIREMENTS OF THE REHABILITATION PLAN IF SERVICES REQUIRED UNDER SUCH PLAN ARE NOT AVAILABLE OR IF THE COSTS OF THE SERVICES ARE PROHIBITIVE.

SECTION 2.  26­2­711 (5), Colorado Revised Statutes, is amended to read:

26­2­711.  Works program sanctions against participants. (5) (a)  A person shall not be required to participate in work activities if good cause exists as determined by the county PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (5).

(b)  Good cause does not constitute an exemption from work or time limits. Good cause is, however, a proper basis for not imposing a sanction for nonparticipation in a work activity, SUBJECT TO THE PROVISIONS OF PARAGRAPH (c) OF THIS SUBSECTION (5).

(c)  A COUNTY MAY ELECT TO IMPLEMENT THE WORKS DRUG ABUSE CONTROL PROGRAM PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH (c). IF A COUNTY SO ELECTS AND IF A COUNTY DEPARTMENT DETERMINES THAT A PARTICIPANT SHALL NOT BE SANCTIONED FOR NONPARTICIPATION IN A WORK ACTIVITY BASED UPON A DETERMINATION OF GOOD CAUSE, AND IF SUCH GOOD CAUSE DETERMINATION IS BASED IN WHOLE OR IN PART UPON A REPRESENTATION BY THE PARTICIPANT THAT THE PARTICIPANT IS USING CONTROLLED SUBSTANCES OR A FINDING BY THE COUNTY DEPARTMENT, PURSUANT TO AN ASSESSMENT BY A CERTIFIED DRUG TREATMENT PROVIDER, THAT THE PARTICIPANT IS OR MAY BE USING CONTROLLED SUBSTANCES, THE COUNTY DEPARTMENT SHALL:

(I)  REQUIRE THE PARTICIPANT TO FOLLOW A REHABILITATION PLAN, BASED UPON THE ASSESSMENT AND DEVELOPED BY A CERTIFIED DRUG TREATMENT PROVIDER, INCLUDING BUT NOT LIMITED TO, PARTICIPATION IN A DRUG TREATMENT PROGRAM AS A CONDITION OF CONTINUED RECEIPT OF ASSISTANCE UNDER THE WORKS PROGRAM. THIS DOES NOT CREATE AN ENTITLEMENT TO REHABILITATION SERVICES OR PAYMENT FOR SUCH SERVICES.

(II)  IF REQUIRED BY THE REHABILITATION PLAN, CONDUCT RANDOM TESTING ON SUCH PARTICIPANT TO DETERMINE IF HE OR SHE IS REMAINING FREE OF CONTROLLED SUBSTANCES; AND

(III)  IMPOSE ANY APPLICABLE SANCTIONS FOR NONPARTICIPATION IN A WORK ACTIVITY ON SUCH PARTICIPANT IN THE EVENT THAT HE OR SHE FAILS TO FOLLOW THE REHABILITATION PLAN OR TESTS POSITIVE ON A RANDOM TEST IF CONDUCTED PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH (c) OR REFUSES TO PARTICIPATE IN A RANDOM TEST IF CONDUCTED PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH (c); EXCEPT, HOWEVER, A PARTICIPANT MAY NOT BE SANCTIONED FOR FAILING TO MEET THE REQUIREMENTS OF THE REHABILITATION PLAN IF SERVICES REQUIRED UNDER SUCH PLAN INCLUDING TRANSPORTATION AND CHILD CARE ARE NOT AVAILABLE OR IF THE COSTS OF THE SERVICES ARE PROHIBITIVE.

(d) EACH COUNTY DEPARTMENT SHALL REPORT TO THE STATE DEPARTMENT IN THE MOST COST­EFFECTIVE MANNER POSSIBLE THE NUMBER OF GOOD CAUSE EXEMPTIONS FROM BEING SANCTIONED FOR NONPARTICIPATION IN A WORK ACTIVITY, GRANTED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (5), THAT ARE BASED, IN WHOLE OR IN PART, UPON A REPRESENTATION BY THE PARTICIPANT OR A FINDING BY THE COUNTY DEPARTMENT THAT THE PARTICIPANT IS OR MAY BE USING CONTROLLED SUBSTANCES.

SECTION 3.  26­2­716, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

26­2­716.  County duties ­ appropriations ­ penalties ­ incentives. (8)  A COUNTY MAY ADMINISTER A WORKS DRUG ABUSE CONTROL PROGRAM PURSUANT TO SECTION 26­2­711 (5) (c).

SECTION 4.  26­2­720 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

26­2­720.  Short­term works emergency fund. (2)  The state department shall be authorized to allocate moneys in the short­term works emergency fund:

(g)  TO COUNTIES FOR THE ASSESSMENT OF PARTICIPANTS AND IMPLEMENTATION OF RANDOM TESTING FOR CONTROLLED SUBSTANCE USE PURSUANT TO SECTION 26­2­711 (5) (c).

SECTION 5.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

STATE, VETERANS AND MILITARY AFFAIRS

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

HB98-1366 be postponed indefinitely.

HB98-1384 be referred to the Committee of the Whole with favorable recommendation.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB98-1127, 1253, 1259, 1283, and 1328.

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes:

HB98- 1059, amended as printed in Senate Journal, March 16, page 477;

HB98- 1130, amended as printed in Senate Journal, March 16, page 479;

HB98- 1293, amended as printed in Senate Journal, March 16, pages 479-480.

_________

The Senate has postponed indefinitely and returns herewith: HB98-1104 and 1302.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, HB98-1059, 1130, and 1293.

______________

MESSAGE FROM THE GOVERNOR

I certify I received the following on the 17th day of March, 1998, at 3:05 p.m. The original is on file in the records of the House of Representatives of the General Assembly.

Judith Rodrigue,

Chief Clerk of the House

March 17, 1998

To the Honorable

Colorado House of Representatives

Sixty-first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I am filing with the Secretary of State H.B. 98-1031, "Concerning the Private Occupational School Division." As of this date, I have neither signed nor vetoed the bill, therefore, according to state law, it will become effective March 17, 1998 at 12:01 a.m. This letter sets forth my reasoning for letting the bill become law without my signature.

H.B. 1031 creates a new structure for regulation and oversight of the private occupational school industry. The bill will serve to protect not only current and prospective students, but also the numerous well-respected proprietary schools that provide vocational, technical and other work skills-oriented education.

Because this administrative restructuring so vastly improves the status quo, this bill should become law. However, because I am concerned that a late amendment to the bill is potentially contrary to its underlying goal of consumer protection, I have allowed the bill to become law without my signature.

The bill was amended on the Senate floor to require that any person who seeks redress for deceptive trade and sales practices must exhaust all administrative remedies before filing suit in district court. Before it was amended, H.B. 1031 allowed students to choose the forum -- administrative or judicial -- that would best and most efficiently provide a remedy for their deceptive trade and sales claims. While there is benefit to promoting administrative resolutions to these complaints, I believe this provision threatens to place undue obstacles before students. Allowing students to file complaints outside that administrative system would provide an important safety valve. Moreover, in light of the increased interest in private occupational school education that has accompanied the work requirements of welfare reform, our focus should be on enhancing -- not restricting -- consumer protections.

It is my understanding that this so called exhaustion requirement will not apply to counterclaims in suits brought against former students for collection of unpaid tuition and debts, the most common situation under which claims of deceptive trade and sales practices arise. As I understand the amendment, if a student counterclaims against the private occupational school and alleges that no tuition is owed because the school engaged in unlawful misrepresentations, that student need not bring his or her counterclaims to the new Board created by this bill before proceeding in court. If I did not believe this were the case, I would not have allowed this legislation to become law.

The administrative restructuring accomplished in H.B. 1031 will serve to protect both students and the industry from an unscrupulous few. I have allowed this bill to become law to correct the fundamental weaknesses of the status quo. However, I urge the General Assembly to continue to protect the public interest, monitor the impact of the so called exhaustion requirement and ensure that it does not undermine the underlying goals of this legislation.

Sincerely,

(signed)

Roy Romer

Governor

______________

INTRODUCTION OF BILL

First Reading

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

HB98-1398 by Representative Tool--Concerning a reduction in the rate of interest on deferred property taxes.

Committee on Finance.

______________

INTRODUCTION OF RESOLUTION

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

HJR98-1020 by Representative Spradley--Concerning the repeal of the federal Internal Revenue Code.

Committee on Finance.

WHEREAS, The procedures for the assessment and collection of federal taxes and the method of refunding such taxes under the federal Internal Revenue Code is beyond repair; and

WHEREAS, The current federal Internal Revenue Code contains seven million words and eight thousand pages, making this system of taxation foreign, complicated, and unfair; and

WHEREAS, Complying with federal tax laws each year is a two­hundred­billion­dollar business, causing taxpayers to spend 5.4 billion hours on tax matters, which is more working hours than is needed by the nation's entire automobile industry; and

WHEREAS, The Internal Revenue Service is twice the size of the Central Intelligence Agency and five times as big as the Federal Bureau of Investigation; and

WHEREAS, Taxpayers are hopelessly bogged down with complying with the instructions of the Internal Revenue Service's "simplest" income tax return, the 1040EZ Form, and the even more massive instructions of the IRS 1040 Form; and

WHEREAS, Because of the harsh and arbitrary way in which the Internal Revenue Code is written, individual taxpayers and businesses are forced to go to unusual extremes simply trying to comply with the filing requirements specified in the Code; and

WHEREAS, The current system of federal taxation under the Internal Revenue Code burdens taxpayers with taxes that are too high; and

WHEREAS, Any steps taken by the federal government to lower taxes by modifying the existing Code would complicate the system even more; and

WHEREAS, There is an urgent need to develop a system of federal taxation within a time frame that is both adequate and specific and that pertains to everything connected with federal taxes, including the paying of taxes, the furnishing of records, and the withholding of wages; that is not deceptive or misleading; that does not burden the taxpayer with unnecessary misstatements and misleading references to specific code sections; and that does not convey an erroneous legal meaning through the word "must"; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate concurring herein:

(1)  That we, the members of the General Assembly, urge the Congress of the United States to enact legislation to abolish the Internal Revenue Code by December 31, 2000, and to replace it with a new system of federal taxation, which, in essence, will:

(a)  Make it clear to taxpayers which information is required by law to disclose and the authority for the requirement;

(b)  Lower federal taxes, thereby creating job opportunities;

(c)  Foster growth by encouraging work and savings;

(d)  Be fair for all taxpayers;

(e)  Be simple enough for all taxpayers to understand;

(f)  Allow the people, not government, to make or expand their choices with respect to developing and implementing a new system of federal taxation;

(g)  Be visible so people know the cost of government;

(h)  Provide stability so that people can plan for the future.

Be It Further Resolved, That we, the members of the General Assembly, urge other states to request the abolishment of the current Internal Revenue Code and to request the development of a new income tax code that would provide a new system of assessing and collecting taxes and of refunding taxes.

Be It Further Resolved, That copies of this Resolution be forwarded to the President of the Senate and the Speaker of the House of Representatives of the United States Congress and to each member of Colorado's Congressional delegation.

_______________

THIRD READING OF BILL--FINAL PASSAGE

The following bill was considered on Third Reading. The title were publicly read. Reading of the bill at length was dispensed with by unanimous consent.

SB98-102 by Senator Linkhart; also Representative Tate--Concerning entities created pursuant to title 7, Colorado Revised Statutes.

Laid over until March 19, retaining place on Calendar.

________________

On motion of Representative Morrison, 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.)

HB98-1011 by Representatives Entz and Miller; also Senators Dennis and J. Johnson--Concerning the replacement of depletions from new withdrawals of groundwater in water division 3 that will affect the rate or direction of movement of groundwater in the confined aquifer, and, in connection therewith, authorizing the state engineer to promulgate rules that optimize the use of the groundwater and provide alternative methods to prevent injury.

_______________

Committee in recess. Committee reconvened.

_______________

Amendment No. 1, Agriculture, Livestock and Natural Resources Report, dated January 21, 1998, and placed in membe's bill file; Report ralso printed in House Journal, January 22, pages 145-147.

Amendment No. 2, by Representatives Anderson and Entz.

Amend the Agriculture, Livestock, and Natural Resources Committee Report, dated January 21, 1998, page 3, strike line 12 and substitute the following:

"strike line 22 and substitute the following:

"This act shall become effective on the effective date of the appropriation for the Rio Grande compact decision support system in House Bill 98­1189. This act shall apply on or after said date to all new and".".

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

SB98-133 by Senator Wham; also Representative Snyder--Concerning contributions to candidate committees, and, in connection therewith, specifying that a candidate committee may accept contributions prior to the filing of a candidate affidavit and authorizing certain additional uses of unexpended campaign contributions.

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, page 813.

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

SB98-159 by Senator Bishop; also Representative George--Con-cerning the obligations of parties to agreements for the payment of proceeds from the sale of oil and gas.

Amendment No. 1, Agriculture, Livestock and Natural Resources Report, dated March 4, 1998, and placed in member's bill file; Report also printed in House Journal, March 5, pages 831-832.

Amendment No. 2, by Representative George.

Amend the Agriculture, Livestock, and Natural Resources Committee Report, dated March 4, 1998, page 1, line 6, strike ""(b) SUBSECTIONS" and substitute the following:

""(b) NO IMPLIED COVENANT, INCLUDING, WITHOUT LIMITATION, AN IMPLIED DUTY TO MARKET OIL AND GAS PRODUCTION, SHALL BE IMPOSED IN SUCH A MANNER AS TO ALTER OR DEROGATE THE WRITTEN PROVISIONS OF A LEASE OR OTHER AGREEMENT RELATING TO THE METHOD OR POINT OF VALUATION FOR THE PAYMENT OF PROCEEDS DERIVED FROM OIL AND GAS PRODUCTION, INCLUDING, WITHOUT LIMITATION, A WRITTEN PROVISION SPECIFYING THAT OIL AND GAS PRODUCTION SHALL BE VALUED "AT THE WELL".

(c) SUBSECTIONS".".

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

SB98-174 by Senator Chlouber; also Representative George--Concerning allowing persons licensed to hold a race meet of greyhounds to enter into agreements with organizations that represent a majority of kennel owners participating in a race meet to specify purse structure.

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

SB98-008 by Senator Wells; also Representative Adkins--Concerning the elimination of preliminary hearings in certain classes of felonies.

Amendment No. 1, by Representative Adkins.

Amend reengrossed bill, page 1, line 10, strike "EVERY PERSON" and substitute "ONLY THOSE PERSONS".

Page 2, line 3, strike "HAS" and substitute "SHALL HAVE";

line 13, strike "EVERY" and substitute "NO";

line 17, after "C.R.S.,", insert "SHALL HAVE THE RIGHT TO DEMAND OR RECEIVE A PRELIMINARY HEARING; EXCEPT THAT SUCH PERSON".

Page 3, line 1, strike "EVERY" and substitute "ONLY THOSE PERSONS";

line 2, strike "PERSON";

line 6, strike "TITLE 18, HAS" and substitute "THIS TITLE, SHALL HAVE";

line 16, strike "EVERY" and substitute "NO";

line 20, strike "TITLE 18," and substitute "THIS TITLE, SHALL HAVE THE RIGHT TO DEMAND OR RECEIVE A PRELIMINARY HEARING; EXCEPT THAT SUCH PERSON".

Amendment No. 2, by Representative Adkins.

Amend reengrossed bill, page 4, line 6, strike "A DELINQUENT ACT THAT CONSTITUTES A" and substitute "ONLY THOSE DELINQUENT ACTS THAT CONSTITUTE";

line 7, strike "FELONY WHICH FELONY" and substitute "FELONIES WHICH FELONIES";

line 8, strike "CONSTITUTES A CRIME" and substitute "CONSTITUTE CRIMES";

line 9, strike "CONSTITUTES A SEXUAL OFFENSE" and substitute "CONSTITUTE SEXUAL OFFENSES";

line 21, after "SHALL", insert "NOT HAVE THE RIGHT TO DEMAND OR RECEIVE A PRELIMINARY HEARING BUT SHALL".

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 (SB98-31, 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, 1068, 1072, 1091, 1173, 1246, 1272, 1318, SB98-7, 172) was laid over until March 19, retaining place on Calendar.

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representatives Gordon and Arrington moved to amend the Report of the Committee of the Whole to show that the following Gordon and Arrington amendment to SB98­008, did pass, and that SB98­008, as amended, did pass.

Amend reengrossed bill, page 1, line 3, strike "amended" and substitute "amended, and the said 16­5­301 is further amended BY THE ADDITION OF A NEW SUBSECTION,".

Page 2, after line 19, insert the following:

"(1.5)  NOTWITHSTANDING THE RESTRICTIONS SET FORTH IN SUBSECTION (1) OF THIS SECTION, THE COURT SHALL GRANT A PRELIMINARY HEARING WHEN REQUESTED BY MOTION AND AFFIDAVIT SETTING FORTH GOOD CAUSE, AS DEFINED IN SECTION 18­1­404 (3) (b), C.R.S., FOR SAID PRELIMINARY HEARING.".

Page 3, after line 22, insert the following:

"(3) (a)  NOTWITHSTANDING THE RESTRICTIONS SET FORTH IN SUBSECTIONS (1) AND (2) OF THIS SECTION, THE COURT SHALL GRANT A PRELIMINARY HEARING WHEN REQUESTED BY MOTION AND AFFIDAVIT SETTING FORTH GOOD CAUSE FOR SAID PRELIMINARY HEARING.

(b)  FOR PURPOSES OF PARAGRAPH (a) OF THIS SUBSECTION (3), "GOOD CAUSE" SHALL INCLUDE THE INABILITY OF THE DEFENDANT TO POST BOND ON THE CHARGE FOR WHICH THE PRELIMINARY HEARING IS SOUGHT OR THE PRESENTATION OF PRIMA FACIE EVIDENCE THAT THE PROSECUTION WILL NOT BE ABLE TO ESTABLISH PROBABLE CAUSE.";

line 25, strike "A NEW SUBSECTION," and substitute "THE FOLLOWING NEW SUBSECTIONS,".

Page 4, after line 24, insert the following:

"(1.7)  NOTWITHSTANDING THE RESTRICTIONS SET FORTH IN SUBSECTIONS (1) AND (1.5) OF THIS SECTION, THE COURT SHALL GRANT A PRELIMINARY HEARING WHEN REQUESTED BY MOTION AND AFFIDAVIT SETTING FORTH GOOD CAUSE, AS DEFINED IN SECTION 18­1­404 (3) (b), C.R.S., FOR SAID PRELIMINARY HEARING.".

The amendment was declared lost by the following roll call vote:

YES 25 NO 37 EXCUSED 3 ABSENT 0

Adkins N Agler N Alexander N Allen N Anderson Y Arrington Y Bacon Y Berry, G. N Chavez Y Clarke Y Dean N Dyer N Entz N Epps N Faatz N George N

Gordon Y Gotlieb N Grampsas E Grossman Y Hagedorn N Hefley N Johnson N June Y Kaufman N Keller Y Kreutz N Lawrence Y Leyba Y Mace Y May N McElhany N

McPherson N Miller N Morrison N Musgrave N Nichol N Owen N Pankey N Paschall Y Pfiffner Y Reeser N Romero Y Salaz N Saliman Y Schauer N Sinclair N Smith Y

Snyder Y Spradley N Sullivant Y Swenson N Takis Y Tate E Taylor N Tool N Tucker N Tupa Y Udall Y Veiga Y Williams, S. Y Williams, T. N Young N Zimmerman Y Mr. Speaker E

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB98-1011 amended, SB98-133 amended, 159 amended, 174, 8 amended.

Laid over until date indicated retaining place on Calendar: SB98-31, 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, 1068, 1072, 1091, 1173, 1246, 1272, 1318, SB98-7, 172--March 19, 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 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 E 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 Y

Snyder Y Spradley Y Sullivant Y Swenson Y Takis Y Tate E Taylor Y 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

JUDICIARY

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

HB98-1385 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, strike lines 7 through 9, and substitute the following:

"TO ENSURE THAT THE JUVENILE IS HELD IN A JUVENILE DETENTION FACILITY LOCATED WITHIN THE JUDICIAL DISTRICT IN WHICH THE OFFENSE IS COMMITTED. FOR JUDICIAL DISTRICTS IN WHICH NO JUVENILE DETENTION FACILITY IS LOCATED, THE DEPARTMENT SHALL ESTABLISH THE CATCHMENT AREAS BASED ON CONSIDERATIONS OF PROXIMITY, BED AVAILABILITY, WORK LOAD, AND COST EFFICIENCY.".

HB98­1388 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 2, strike "ALSO MOST".

Page 6, strike lines 20 through 25.

Renumber succeeding sections accordingly.

Page 7, line 1, strike "1998;" and substitute "1999;";

line 5, strike "1998." and substitute "1999.".

Page 1, line 101, strike "VIOLENCE, AND" and substitute "VIOLENCE.";

strike line 102.

HJR98-1011 be referred out for final action.

SB98­165 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 5, before line 11, insert the following:

"(3.5)  Evaluation. (a)  THE STATE DEPARTMENT IS AUTHORIZED TO CONTRACT FOR AN EXTERNAL EVALUATION OF THE PERFORMANCE CONTRACTS AUTHORIZED PURSUANT TO THIS SECTION. CRITERIA FOR AND COMPONENTS OF THE EVALUATION SHALL BE DEVELOPED BY THE STATE DEPARTMENT WITH INPUT FROM THE PILOT COUNTIES AUTHORIZED PURSUANT TO THIS SECTION. THE ENTITY THAT THE STATE DEPARTMENT SELECTS TO PERFORM THE EVALUATION SHALL COMPLETE A PROGRESS REPORT ON THE EVALUATION NO LATER THAN JULY 1, 2000, AND SHALL PROVIDE COPIES OF ITS REPORT TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE CHIEF JUSTICE OF THE SUPREME COURT.

(b)  THE STATE DEPARTMENT, WITH INPUT FROM THE COUNTIES, SHALL DEVELOP RECOMMENDATIONS FOR STATEWIDE IMPLEMENTATION OF SYSTEM REFORMS FOR THE DELIVERY OF CHILD WELFARE SERVICES. THE PLAN SHALL BE SUBMITTED TO THE GENERAL ASSEMBLY AND THE CHIEF JUSTICE OF THE SUPREME COURT NO LATER THAN DECEMBER 1, 2000.";

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 family issues cash fund created in section 26­5.3­106, Colorado Revised Statutes, not otherwise appropriated, to the department of human services, for the fiscal year beginning July 1, 1998, the sum of two hundred and fifty thousand dollars ($250,000), or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, strike line 102 and substitute the following:

"WELFARE, AND MAKING AN APPROPRIATION THEREFOR.".

LOCAL GOVERNMENT

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

SB98-171 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, strike lines 2 through 11.

Page 3, strike line 1.

Renumber succeeding sections accordingly.

Page 3, strike line 13 and substitute the following:

"TWENTY-FIVE PERCENT OF THE ACTUAL CONSTRUCTION COSTS OF THE STADIUM, INCLUDING BUT NOT LIMITED TO PROFESSIONAL FEES, SITE ACQUISITION COSTS, AND MATERIALS AND LABOR COSTS AND REQUIRING THE FRANCHISE TO PAY FOR TWENTY-FIVE PERCENT OF ALL COSTS IN EXCESS OF THE ANTICIPATED CONSTRUCTION COSTS.".

Page 4, line 19, strike "AN AMOUNT NOT TO EXCEED ONE HUNDRED" and substitute "TWENTY-FIVE PERCENT OF THE ACTUAL CONSTRUCTION COSTS OF THE STADIUM, INCLUDING BUT NOT LIMITED TO PROFESSIONAL FEES, SITE ACQUISITION COSTS, AND MATERIALS AND LABOR COSTS AND REQUIRING THE FRANCHISE TO PAY FOR TWENTY-FIVE PERCENT OF ALL COSTS IN EXCESS OF THE ANTICIPATED CONSTRUCTION COSTS.";

strike line 20.

Page 7, strike lines 2 through 10 and substitute the following:

"the board shall make a good faith effort to NOT sell or lease the name of the stadium and NOR any symbol or image of the general design, appearance, or configuration of the stadium, including trademarks, service marks, trade names, and logos. All proceeds from such sale or lease, if any, shall be used by the board to pay the principal, interest, and prepayment premium, if any, on outstanding special obligation bonds issued by the board pursuant to the provisions of this article. THE NAME OF THE STADIUM SHALL BE MILE HIGH STADIUM. SUCH NAME SHALL NOT BE CHANGED UNLESS THE BOARD DETERMINES, THROUGH THE USE OF A PUBLIC PROCESS, THAT ANOTHER NAME SHOULD BE ADOPTED. ANY OTHER NAME ADOPTED FOR THE STADIUM SHALL REFLECT THE HISTORICAL, GEOGRAPHICAL, CULTURAL, SPIRITUAL, OR OTHER QUALITIES OF THE STATE AS WELL AS THE FACT THAT THE STADIUM IS PUBLICLY FINANCED AND OWNED.";

line 12, strike "(1) (b) (I),";

line 13, strike "(4) (a),".

Page 9, strike lines 2 through 12;

line 13, after "maximum", insert "PRINCIPAL";

line 17, strike "dollars, OR SUCH HIGHER MAXIMUM" and substitute "dollars.";

strike lines 18 and 19.

Page 11, line 15, strike "MULTI-USE" and substitute "FOOTBALL".

Page 12, after line 12, insert the following:

"$ [THE ADMISSIONS TAX SHALL NOT EXTEND BEYOND JANUARY 1, 2012, OR THE PAYMENT IN FULL OF SUCH DEBT, WHICHEVER OCCURS EARLIER;] [THIS PARAGRAPH TO BE INSERTED IF DETERMINED TO BE APPROPRIATE BY THE DISTRICT]".

Page 13, strike lines 19 through 26.

Page 14, line 11, strike "or (4)" and substitute "or (4)".

Page 17, line 15, strike "meet the obligations of any agreement with" and substitute "meet the obligations of any agreement with PROVIDE";

line 16, strike "to provide such" and substitute "to provide such";

line 17, strike "counties and the city and county of Denver" and substitute "counties and the city and county of Denver";

line 26, after "revenues", insert "AND FROM ADMISSIONS TAX REVENUES, IF ANY,".

Page 18, line 1, after "maximum", insert "PRINCIPAL";

line 3, strike everything after "borrowed.";

strike lines 4 through 7.

Page 21, line 20, strike "(1) (b), Colorado Revised Statutes, is" and substitute "(1) (b) and (1) (e), Colorado Revised Statutes, are".

Page 22, after line 1, insert the following:

"(e) A provision requiring the franchise to agree that, during the lease term, the franchise will not limit the broadcast of any game to a CABLE OR pay-per-view broadcast; except that this provision may be waived if the board deems it would violate national football league requirements and except that, if the board waives this provision, the lease agreement shall include a provision requiring the franchise, in addition to the lease payments otherwise required, to pay an amount equal to the amount received by the franchise as a result of any CABLE OR pay-per-view broadcast;";

strike line 4 and substitute the following:

"32-15-122. Lease of stadium. (1) Any lease agreement entered into by the district and the franchise shall include, but is not limited to, the following:

(h) A PROVISION REQUIRING THE FRANCHISE, UPON THE SALE OF";

line 5, strike "80%" and substitute "EIGHTY PERCENT";

line 6, strike "DISTRICT" and substitute "DISTRICT, AS A ONE-TIME PAYMENT, AN AMOUNT EQUAL TO THE SHARING AMOUNT";

strike line 7 and substitute the following:

"ACTIVITY PROGRAMS.";

line 8, strike everything before "AS";

line 9, strike "2%" and substitute "TWO PERCENT";

line 12, strike "CAPITOL" and substitute "CAPITAL";

line 13, strike the first "OF" and substitute "TO";

line 14, strike "6%" and substitute "SIX PERCENT";

line 19, strike "80%" and substitute "EIGHTY PERCENT".

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until March 19, retaining place on Calendar:

Consideration of Resolutions--SJR98-12, HJR98-1009, 1019.

Consideration of Senate Amendments--HB98-1015, 1039, 1086, 1105, 1131, 1207, 1359, 1365.

_______________

On motion of Representative Anderson, the House adjourned until 9:00 a.m., March 19, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk