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 Grampsas, Saliman--2.
The Speaker declared a quorum present.
_______________
On motion of Representative Spradley, the reading of the journal of March 19, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEES OF REFERENCE
APPROPRIATIONS
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 of
the Whole with favorable recommendation:
Amend printed bill, page 2, line 23, strike "Appropriation."
and substitute "Appropriation - adjustment in 1998 long
bill. (1)".
Page 3, line 1, strike "current fiscal year,"
and substitute "fiscal year beginning July 1, 1997,";
after line 3, insert the following:
"(2) For implementation of this act, appropriations
made in the annual general appropriations act for the fiscal year
beginning July 1, 1998, shall be adjusted as follows:
(a) The appropriation to the department of education, public school finance, total program, is increased by two hundred eighty-six thousand eight hundred sixty-seven dollars ($286,867) General Fund.
(b) The appropriation to the department of education,
distributions, special contingency reserve, shall be reduced by
two hundred eighty-six thousand eight hundred sixty-seven dollars
($286,867) General Fund.".
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee
recommends the following:
HB98-1391 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, strike everything below the enacting
clause, and substitute the following:
"SECTION 1. 1016201.5,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
1016201.5. Renewability
of health benefit plans modification of health benefit
plans. (8) (a) WITH RESPECT
TO BENEFITS PROVIDED UNDER A SMALL GROUP HEALTH BENEFIT PLAN OR
INDIVIDUAL HEALTH BENEFIT PLAN RENEWED ON OR AFTER JANUARY 1,
1999, A CARRIER MAY MAKE REASONABLE MODIFICATIONS IF:
(I) THE MODIFICATION IS EFFECTIVE ONLY
UPON RENEWAL OF SUCH HEALTH BENEFIT PLAN;
(II) THE HEALTH BENEFIT PLAN IS UNIFORMLY
MODIFIED FOR ALL GROUPS AND INDIVIDUALS COVERED BY SUCH HEALTH
BENEFIT PLAN;
(III) THE PROPOSED MODIFICATION IS PROVIDED
TO POLICYHOLDERS AND THE COMMISSIONER AT LEAST NINETY DAYS PRIOR
TO THE EFFECTIVE DATE OF THE MODIFICATION; AND
(IV) THE CARRIER PROVIDES TO EACH AFFECTED
POLICYHOLDER THE OPPORTUNITY TO PURCHASE ANY OTHER HEALTH INSURANCE
COVERAGE OFFERED BY THE CARRIER IN SUCH MARKET.
(b) THE COMMISSIONER MAY PROMULGATE SUCH
REASONABLE RULES AND REGULATIONS AS ARE NECESSARY AND PROPER TO
CARRY OUT THE PROVISIONS OF THIS SUBSECTION (8).
SECTION 2. 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.".
SB98-142 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend reengrossed bill, page 14, strike lines 1 through
14 and substitute the following:
"2571208. Economic
or costeffectiveness analyses not";
after line 19, insert the following:
"SECTION 2. 257114.7
(2) (a), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
257114.7. Emission fees
fund. (2) (a) (VI) NOTWITHSTANDING
SUBPARAGRAPH (III) OF THIS PARAGRAPH (a), THE DIVISION SHALL NOT
ASSESS A FEE FOR WORK PERFORMED TO NEGOTIATE A VOLUNTARY AGREEMENT
UNDER PART 12 OF THIS ARTICLE ABOVE A MAXIMUM OF ONE HUNDRED HOURS
AT A RATE OF FIFTY DOLLARS PER HOUR UNLESS THE OWNER OR OPERATOR
PROPOSING THE VOLUNTARY AGREEMENT CONSENTS TO A GREATER FEE IN
WRITING.".
Renumber succeeding sections accordingly.
Page 15, strike lines 8 through 13 and substitute
the following:
"40-3.2-102. Recovery of air quality
improvement costs. (1) TO THE EXTENT THAT SUCH
RECOVERY IS NOT CONTRARY TO A PUBLIC UTILITY'S WHOLESALE CONTRACTS
ENTERED INTO PRIOR TO JULY 1, 1998, A PUBLIC UTILITY SHALL BE
ENTITLED TO FULLY RECOVER FROM ALL OF ITS CUSTOMERS THE AIR QUALITY
IMPROVEMENT COSTS THAT IT PRUDENTLY INCURS AS A RESULT OF A VOLUNTARY
AGREEMENT ENTERED INTO PURSUANT TO PART 12 OF ARTICLE 7 OF TITLE
25, C.R.S., AFTER JULY 1, 1998. IF THE FEDERAL ENERGY REGULATORY
COMMISSION DOES NOT APPROVE THE RECOVERY OF SUCH AIR QUALITY IMPROVEMENT
COSTS FROM THE PUBLIC UTILITY'S WHOLESALE CUSTOMERS, THE PUBLIC
UTILITY SHALL BE ENTITLED TO FULLY RECOVER SUCH AIR QUALITY IMPROVEMENT
COSTS FROM ITS RETAIL CUSTOMERS.".
EDUCATION
After consideration on the merits, the Committee
recommends the following:
HB98-1393 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 1, strike lines 2 through
8.
Strike page 2.
Page 3, strike line 1.
Renumber succeeding sections accordingly.
Page 3, strike lines 17 through 26.
Strike page 4.
Page 5, strike lines 1 through 12.
Renumber succeeding sections accordingly.
Page 5, strike lines 18 through 26.
Page 6, strike lines 1 and 2.
Renumber succeeding sections accordingly.
Page 6, strike lines 17 through 26.
Strike page 7.
Page 8, strike lines 1 through 9.
Renumber succeeding section accordingly.
SB98-106 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend reengrossed bill, strike everything below the
enacting clause, and substitute the following:
"SECTION 1. Part 1 of
article 9 of title 18, Colorado Revised Statutes, is amended BY
THE ADDITION OF A NEW SECTION to read:
189124. Hazing penalties.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "HAZING" MEANS ANY ACTIVITY
BY WHICH A PERSON RECKLESSLY ENDANGERS THE SAFETY OR PHYSICAL
OR MENTAL HEALTH OF AN INDIVIDUAL FOR THE PURPOSE OF INITIATION
OR ADMISSION INTO OR AFFILIATION OR CONTINUED MEMBERSHIP WITH
ANY STUDENT ORGANIZATION WHETHER ON OR OFF THE PREMISES OF ANY
SCHOOL OR INSTITUTION OF HIGHER EDUCATION.
(b) "HAZING" INCLUDES
BUT IS NOT LIMITED TO:
(I) WHIPPING, BRANDING, PHYSICAL CONFINEMENT,
FORCED AND PROLONGED PHYSICAL ACTIVITY, OR PROLONGED EXPOSURE
TO THE ELEMENTS;
(II) FORCED CONSUMPTION OF ANY FOOD, ALCOHOLIC
OR OTHER BEVERAGE, OR PRESCRIPTION OR NONPRESCRIPTION MEDICATION
OR DRUG IN EXCESS OF THE USUAL AMOUNTS FOR HUMAN CONSUMPTION OR
FORCED CONSUMPTION OF ANY FOOD, DRUG, OR HARMFUL SUBSTANCE NOT
GENERALLY INTENDED FOR HUMAN CONSUMPTION;
(III) PROLONGED DEPRIVATION OF SLEEP, FOOD, OR DRINK;
(IV) THE PERFORMANCE OF ANY ACT THAT PLACES
A PERSON AT SUBSTANTIAL RISK OF DEATH OR BODILY INJURY, AS DEFINED
IN SECTION 181901 (3) (c);
(V) THREATENING OR INTIMIDATING A PERSON
WITH RETRIBUTION SUCH AS SOCIAL OSTRACISM, SHAME, OR DISGRACE;
OR
(VI) REQUIRING A PERSON TO PERFORM A DUTY
OR TASK THAT INVOLVES A VIOLATION OF THE CRIMINAL LAWS OF THIS
STATE OR ANY POLITICAL SUBDIVISION OF THIS STATE.
(c) "HAZING" DOES NOT
INCLUDE ANY SCHOOL PROGRAMS OR CLASSES DIRECTED BY PERSONNEL WHO
ARE EMPLOYED BY THE EDUCATIONAL INSTITUTION OR PERSONNEL WHO ARE
MEMBERS OF THE ARMED FORCES OF THE UNITED STATES.
(2) IT SHALL BE UNLAWFUL FOR ANY PERSON
TO ENGAGE OR PARTICIPATE IN HAZING.
(3) ANY PERSON WHO VIOLATES SUBSECTION
(2) OF THIS SECTION COMMITS A CLASS 3 MISDEMEANOR.
SECTION 2. Effective
date applicability. This act shall take effect
July 1, 1998, and shall apply to offenses committed on or after
said date.
SECTION 3. 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.".
JUDICIARY
After consideration on the merits, the Committee
recommends the following:
SJR98-7 be referred
out for final action.
LOCAL GOVERNMENT
After consideration on the merits, the Committee
recommends the following:
HB98-1390 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, strike everything below the enacting
clause, and substitute the following:
"SECTION 1. 31-23-307, Colorado Revised
Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION, to read:
31-23-307. Board of adjustment. (5)
THE GOVERNING BODY OF A MUNICIPALITY THAT HAS ENTERED INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OR COUNTIES WITHIN
WHICH IT IS LOCATED FOR THE PURPOSES OF JOINT PARTICIPATION IN
LAND USE PLANNING, SUBDIVISION PROCEDURES AND ZONING PURSUANT
TO THE AUTHORITY GRANTED IN SECTION 31-23-227 (2), C.R.S., MAY,
BY ORDINANCE, ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE
COUNTY OR COUNTIES WITHIN WHICH IT IS LOCATED FOR THE PURPOSES
OF JOINT PARTICIPATION IN THE ESTABLISHMENT OF A JOINT ZONING
BOARD OF ADJUSTMENT, FOR A SPECIFIC AREA DESIGNATED IN THE INTERGOVERNMENTAL
AGREEMENT.
SECTION 2. 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:
HB98-1392 be postponed
indefinitely.
HB98-1394 be referred to the Committee on Appropriations with favorable recommendation.
______________
PRINTING REPORT
The Chief Clerk reports the following bill has been correctly printed: HB98-1399.
______________
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: HB98-1116, 1143, 1162, 1168, and 1356 at 2:23 p.m. on March 19, 1998.
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HJR98-1016.
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has postponed indefinitely and returns herewith: HB981247.
______________
INTRODUCTION OF RESOLUTION
The following resolution was read by title and laid
over one day under the rules:
HJR98-1021 by Representatives
Owen and May; also Senator Norton--Concerning asking the federal
government to take all necessary and appropriate action to ensure
that Japan establishes and maintains an open and competitive market
for U. S. exports.
WHEREAS, For many years, the U.S. Trade Representative
has reported in the National Trade Estimate Report on numerous
barriers to U.S. exports in the Japanese market; and
WHEREAS, Japan's policies to restrict market access
have perpetuated the chronic and seemingly intractable trade deficit
the United States has with Japan for more than three decades;
and
WHEREAS, The U.S. Trade Representative engaged over
the last several years in an intensive investigation of the Japanese
distribution system and its impact on U.S. exports; and
WHEREAS, On June 16, 1996, the U.S. Trade Representative
found that the government of Japan created and tolerated a market
structure that impedes U.S. exports of consumer photographic film
and paper; and
WHEREAS, The World Trade Organization agreements
do not provide a current basis to address the systematic Japanese
barriers found to exist by the U.S. Trade Representative; and
WHEREAS, The continued denial of market access in
Japan for U.S. exports through maintenance of a closed distribution
system and other liberalization countermeasures injures companies
and workers in this state; now, therefore,
Be It Resolved by the House of Representatives
of the Sixty-first General Assembly of the State of Colorado,
the Senate concurring herein:
That we, the members of the Colorado General Assembly,
call upon the federal government to take all necessary and appropriate
action to ensure that Japan establishes and maintains an open
and competitive market for U.S. exports.
Be It Further Resolved, That a copy of this resolution be delivered to the Colorado delegation to the United States Congress.
_______________
INTRODUCTION AND CONSIDERATION OF RESOLUTION
The following resolution was read at length and given
immediate consideration:
HJR98-1022 by Representatives
Paschall, Arrington, Dean, Hefley, Musgrave, Pfiffner, Adkins,
Agler, K. Alexander, Allen, Epps, George, Grampsas, Hagedorn,
S. Johnson, Kaufman, Lawrence, May, McElhany, McPherson, Morrison,
Nichol, Owen, Pankey, Reeser, Salaz, Schauer, Sinclair, Smith,
Spradley, Sullivant, Taylor, Tool, Tucker, and Young; also Senators
Congrove, B. Alexander, Bishop, Blickensderfer, Chlouber, Coffman,
Lacy, Lamborn, Mutzebaugh, Phillips, Powers, Rizzuto, and Wattenberg--Concerning
the recognition of Home Education Day in Colorado on March 20,
1998.
WHEREAS, The state of Colorado is committed to excellence
in education and to public policy that strengthens the family;
and
WHEREAS, The state of Colorado recognizes the importance
of parental choice in pursuit of educational excellence and the
significance of parental involvement in education; and
WHEREAS, Parents rightfully have the final authority
and responsibility for the care, upbringing, and choice of education
for their children; and
WHEREAS, While in the early history of this country
most children received their precollege training at home, this
country had an extremely high literacy rate according to studies
of Daniel Webster, Alexis de Tocqueville, and Pierre Du Pont,
and the United States was recognized as the most educated nation
on earth; and
WHEREAS, Most children educated at home have been
shown to score above average on nationally standardized tests
that measure academic and social development and ability; and
WHEREAS, Homeeducation gives families the opportunity
for their children to receive a sound academic education integrated
with high ethical standards within a safe and secure environment;
and
WHEREAS, The state of Colorado saves tens of millions
of dollars every year by parents who educate their children at
home; and
WHEREAS, Home education is the fastest growing educational
alternative in this country; and
WHEREAS, Home educating families tend to be strong,
healthy families who contribute greatly to Colorado society; and
WHEREAS, It is appropriate that Colorado home educators
and homeeducated children be recognized for their contribution
to the diversity and quality of education in this great state;
now, therefore,
Be It Resolved by the House of Representatives
of the Sixtyfirst General Assembly of the State of Colorado,
the Senate concurring herein:
That the General Assembly honors, thanks, and celebrates the home educators of this state and recognizes March 20, 1998, as Home Education Day in Colorado.
On motion of Representative Anderson, the rules were
suspended and the resolution was given immediate consideration.
On motion of Representative Paschall the resolution
was read at length and adopted by the following roll call
vote:
YES 56 NO 6 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 N Hagedorn E 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 E Schauer Y Sinclair Y Smith Y | Snyder N Spradley Y Sullivant Y Swenson Y Takis N Tate N Taylor Y Tool Y Tucker Y Tupa Y Udall Y Veiga Y Williams, S. N Williams, T. Y Young Y Zimmerman N Mr. Speaker Y |
Co-sponsors added: Representatives Anderson, Clarke, Faatz, Mace, Romero, T.Williams.
______________
CONSIDERATION OF RESOLUTION
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.
On motion of Representative Anderson, the rules were
suspended and the resolution was given immediate consideration.
On motion of Representative Adkins, the resolution
was read at length and adopted the following roll call
vote:
YES 56 NO 7 EXCUSED 2 ABSENT 0
| Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez NClarke N Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon Y Gotlieb Y Grampsas E Grossman N Hagedorn Y Hefley Y Johnson Y June Y Kaufman Y Keller Y Kreutz Y Lawrence Y Leyba N 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 E Schauer Y Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson Y Takis N Tate Y Taylor Y Tool Y Tucker Y Tupa N Udall N Veiga Y Williams, S. Y Williams, T. Y Young Y Zimmerman Y Mr. Speaker Y |
Co-sponsors added: Representatives Alexander, Allen, Anderson, Epps, Gotlieb, Hefley, Johnson, Kaufman, Kreutz, Mace, May, McPherson, Musgrave, Nichol, Reeser, Schauer, Sinclair, Smith, Taylor, Tucker, T.Williams.
_______________
THIRD READING OF BILLS--FINAL PASSAGE
The following bills were considered on Third Reading.
The titles were publicly read. Reading of the bill at length was
dispensed with by unanimous consent.
SB98-008 by Senator
Wells; also Representative Adkins--Concerning the elimination
of preliminary hearings in certain classes of felonies.
Representative Anderson moved that the bill be adopted
on Third Reading and Final passage. A substitute motion by Representative
Adkins, that the bill be rereferred to the Committee on Judiciary
was adopted by the following roll call vote:
YES 61 NO 2 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 Y Epps Y Faatz Y George Y | Gordon N 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 E Schauer Y Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant N 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 |
SB98-031 by Senators Linkhart, Bishop, and Reeves; also Repre-sentatives Leyba, Clarke, Pfiffner, and Taylor--Concerning requirements relating to the awarding of grants under the youth crime prevention and intervention program.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
YES 63 NO 0 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 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 E 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 | ||||
SB98-054 by Senator
Dennis; also Representative Kaufman--Concerning regulation of
private prison facilities.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
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 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 N Reeser Y Romero Y Salaz Y Saliman E 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 | ||||
Co-sponsors added: Representatives Anderson, Lawrence, Mace, Nichol, Zimmerman.
SB98-124 by Senators
Schroeder, B. Alexander, Congrove, et al; also Representative
Agler--Concerning a grant of qualified immunity to licensed professionals
who assist in securing the safety of structures during times of
emergency.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
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 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 E Schauer Y Sinclair Y Smith Y | Snyder Y Spradley Y Sullivant Y Swenson Y Takis N 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: Representatives Lawrence, Pfiffner, Salaz,
Tucker.
SB98-136 by Senator
Mutzebaugh; also Representative T. Williams--Concerning jury service.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
YES 63 NO 0 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 Y Epps YFaatz 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 E 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 |
Co-sponsors added: Representatives Dyer, Lawrence, Udall.
HB98-1023 by RepresentativesKreutz,
Agler, Lawrence, Musgrave, and Pankey; also Senators Lacy and
Weddig--Concerning the imposition of a residency requirement for
eligibility for the old age pension, and making an appropriation
in connection therewith.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
YES 45 NO 18 EXCUSED 2 ABSENT 0
Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon N Berry, G. Y Chavez N Clarke N Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon N Gotlieb Y Grampsas E Grossman Y Hagedorn N Hefley Y Johnson Y June Y Kaufman Y Keller Y Kreutz Y Lawrence Y Leyba N Mace N May Y McElhany Y | McPherson Y Miller Y Morrison Y Musgrave Y Nichol N Owen Y Pankey Y Paschall Y Pfiffner Y Reeser N Romero N Salaz Y Saliman E Schauer Y Sinclair Y Smith Y | Snyder N Spradley Y Sullivant Y Swenson Y Takis N Tate N Taylor Y Tool Y Tucker Y Tupa N Udall N Veiga N Williams, S. N Williams, T. Y Young Y Zimmerman N Mr. Speaker Y | ||||
Co-sponsors added: Representatives Paschall, Pfiffner.
HB98-1063 by Representatives
Keller, Dyer, and Entz; also Senator Coffman--Concerning elimination
of the requirement that a disabled veteran obtain the disability
prior to May 7, 1975, in order to be eligible to receive special
license plates without charge, and making an appropriation in
connection therewith.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
YES 63 NO 0 EXCUSED 2 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 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 E 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 |
Co-sponsors added: Representatives Dean, Epps, Grossman, Hagedorn,
Mace, Salaz.
HB98-1144 by Representative
Sullivant; also Senator Bishop--Concerning the securing of aggregate
materials during transport by motor vehicle.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
YES 63 NO 0 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 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 E 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 |
Co-sponsors added: Representatives Agler, Entz, Epps, Lawrence,
Pankey, Paschall, Tupa.
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.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
YES 58 NO 5 EXCUSED 2 ABSENT 0
| Adkins N 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 N Lawrence Y Leyba Y Mace Y May Y McElhany Y | McPherson N Miller Y Morrison Y Musgrave Y Nichol Y Owen Y Pankey Y Paschall N Pfiffner N Reeser Y Romero Y Salaz Y Saliman E 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 |
Co-sponsors added: Representatives Chavez, Epps, Gotlieb, Hagedorn,
Mace, Nichol, Romero.
SB98-002 by Senators
Wham, Ament, and J. Johnson; also Representatives George, Dyer,
and McElhany--Concerning an extension of the annual general fund
transfer to the capital construction fund.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
YES 61 NO 2 EXCUSED 2 ABSENT 0
Adkins Y Agler Y Alexander Y Allen N 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 N Pfiffner Y Reeser Y Romero Y Salaz Y Saliman E 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 | ||||
SB98-049 by Senators
Schroeder, B. Alexander, Bishop, et al; also Representative May--Concerning
a prohibition on the imposition by governmental entities of
charges upon access to the internet.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
YES 44 NO 19 EXCUSED 2 ABSENT 0
Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon N Berry, G. Y Chavez N Clarke N Dean Y Dyer Y Entz Y Epps Y Faatz Y George Y | Gordon N Gotlieb Y Grampsas E Grossman N Hagedorn Y Hefley Y Johnson Y June N Kaufman Y Keller N Kreutz Y Lawrence N Leyba N Mace N May Y McElhany Y | McPherson Y Miller Y Morrison Y Musgrave Y Nichol N Owen Y Pankey Y Paschall Y Pfiffner Y Reeser N Romero N Salaz Y Saliman E Schauer Y Sinclair Y Smith Y | Snyder N Spradley Y Sullivant Y Swenson Y Takis N Tate N Taylor Y Tool Y Tucker Y Tupa Y Udall N Veiga N Williams, S. N Williams, T. Y Young Y Zimmerman Y Mr. Speaker Y | ||||
Co-sponsors added: Representatives Adkins, Agler, Epps, Hagedorn,
Hefley, Kreutz, McPherson, Paschall, Pfiffner, Smith, Sullivant,
Swenson, Tupa, Mr. Speaker.
SB98-093 by Senator
Linkhart; also Representative Agler--Con-cerning an alternate
procedure for taxpayers to contest the valuation of real property
for property tax purposes in certain counties that elect to utilize
such alternative procedure.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
YES 63 NO 0 EXCUSED 2 ABSENT 0
Adkins Y Agler Y Alexander Y Allen Y Anderson Y Arrington Y Bacon Y Berry, G. Y Chavez YClarke 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 E 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 |
Co-sponsors added: Representatives Alexander, Epps, Gotlieb, Tool.
HB98-1378 by Representative
McElhany; also Senator Powers--Concerning certain
unlawful actions by persons against legislative witnesses.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
YES 63 NO 0 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 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 E 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 |
Co-sponsors added: Representatives Bacon, Epps, Hefley, Mace,
Reeser, Tool, Mr. Speaker.
SB98-118 by Senator
Powers; also Representative Paschall--Con-cerning clarifying that
persons whose business consists primarily of renting motor vehicles
for transportation purposes need not be licensed under statutes
governing licensure of persons transacting insurance business.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.
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 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 N 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 E 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 |
________________
On motion of Representative Alexander, 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.)
SB98-107 by Senator
Matsunaka; also Representative Entz--Concerning expeditious access
to medical treatment for persons who are covered by insurance.
Referred to the Committee on Appropriations.
HB98-1099 by Representatives
Pfiffner, Leyba, and Owen; also Senators J. Johnson, Dennis, and
Mutzebaugh--Con-cerning managed competition for personal services
contracts entered into by state government.
Amendment No. 1, State,
Veterans, and Military Affairs Report, dated January 20, 1998,
and placed in member's
bill file; Report also printed in House Journal, January 21, pages
140-141.
The committee report was adopted as follows:
Page 1 lines 1 through 13, declared passed;
line 14, declared lost;
line 15, declared passed.
Page 2, lines 1 through 19, declared passed.
Amendment No. 2, by Representative
Pfiffner.
Amend printed bill, page 3, line 26, strike "ANY"
and substitute "NOTWITHSTANDING THE PROVISIONS OF ARTICLE
113 OF THIS TITLE, ANY".
Amendment No. 3, by Representative
Pfiffner.
Amend printed bill, page 7, line 13, strike "ADVANTAGE
OVER OTHER BIDDERS;" and substitute "UNFAIR ADVANTAGE
OVER OTHER BIDDERS SUCH AS UNEQUAL ACCESS TO EVALUATION INFORMATION
OR A SCORING PREFERENCE BASED SOLELY ON ITS STATUS AS A BUSINESS
ENTITY;";
line 16, after "MET.", insert "FOR
PURPOSES OF THIS SUBPARAGRAPH (II), AN UNFAIR ADVANTAGE SHALL
NOT EXIST SOLELY BY VIRTUE OF POTENTIAL COST SAVINGS DISTRIBUTIONS
TO STATE EMPLOYEES OR TRAINING OR BID PREPARATION ASSISTANCE TO
A BUSINESS UNIT BY A STATE AGENCY.".
Amendment No. 4, by Representative
Pfiffner.
Amend printed bill, page 9, line 23, after "UNIT",
insert "OR EMPLOYEE";
line 24, after "UNIT", insert "OR
EMPLOYEE".
Amendment No. 5, by Representative
Pfiffner.
Amend printed bill, page 10, before line 17, insert
the following:
"(12) NOTHING IN THIS SECTION SHALL
CREATE ANY CONTRACTUAL, PROCUREMENT, OR OTHER CLAIM OR RIGHT WHATSOEVER
BY A BUSINESS UNIT OR ITS EMPLOYEES AGAINST A STATE AGENCY, ITS
OFFICIALS, OR EMPLOYEES.".
Amendment No. 6, by Representative
Pfiffner.
Amend printed bill, page 10, before line 17, insert
the following:
"(12) THE DISTRIBUTION OF COST SAVINGS
DESCRIBED IN SUBSECTION (9) OF THIS SECTION SHALL NOT BE CONSTRUED
TO CONFLICT WITH OR VIOLATE SECTION 2450507 (2) OR
SECTION 2418201.".
Amendment No. 7, by Representative
Pfiffner.
Amend printed bill, page 5, after line 21, insert
the following:
"(b) IN ADDITION TO ANY OTHER INFORMATION
REQUESTED BY THE COMMISSION, THE PROPOSAL SHALL INCLUDE THE FOLLOWING
DETERMINATIONS:
(I) THE NECESSITY FOR THE SERVICE AND THE INTENDED GOALS OF THE SERVICE;
(II) A DESCRIPTION OF THE PROBLEMS AND
INEFFICIENCIES EXISTING WITH THE CURRENT GOVERNMENTAL OPERATION
OF THE SERVICE;
(III) THE AVAILABILITY OF MULTIPLE, QUALIFIED,
AND COMPETITIVE PRIVATE CONTRACTORS AND THE STATE'S ABILITY TO
CHANGE FROM ONE PRIVATE CONTRACTOR TO ANOTHER.".
Reletter succeeding paragraph accordingly.
Amendment No. 8, by Representative
Pfiffner.
Amend printed bill, page 10, after line 6, insert
the following:
"(10) A STATE AGENCY MAY NOT SELL, DISPOSE OF, OR OTHERWISE TRANSFER CONTROL OR OWNERSHIP OF STATEOWNED EQUIPMENT AND FACILITIES TO ANY PRIVATE ENTITY THAT IS A PARTY TO A PERSONAL SERVICES CONTRACT WITH THAT STATE AGENCY OR TO ANY OTHER PERSON FOR THE PURPOSES OF ALLOWING THE STATE AGENCY TO ENTER INTO THAT CONTRACT. NOTHING IN THIS SUBSECTION (10) SHALL PROHIBIT A STATE AGENCY FROM LEASING, AT FAIR MARKET VALUE, STATEOWNED EQUIPMENT AND FACILITIES TO A PRIVATE ENTITY PURSUANT TO A WRITTEN AGREEMENT BETWEEN THE STATE AGENCY AND THE PRIVATE ENTITY.".
Renumber succeeding subsections accordingly.
Amendment No. 9, by Representative
Pfiffner.
Amend printed bill, page 8, line 13, strike "SERVERS"
and substitute "SERVICE".
Amendment No. 10, by Representative
Pfiffner.
Amend printed bill, page 9, after line 18, insert
the following:
"(III) IN THE EVENT EMPLOYEES IN
THE BUSINESS UNIT ARE AWARDED THE MAXIMUM BONUS ALLOWED PURSUANT
TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) AND THE STATE AGENCY
DETERMINES, IN CONSULTATION WITH THE LABOR MANAGEMENT COUNCIL
OR, IN THE ABSENCE OF THE COUNCIL, THE BUSINESS UNIT, THAT THE
BALANCE OF THE COST SAVINGS ALLOCATED PURSUANT TO SUBPARAGRAPH
(II) OF THIS PARAGRAPH (b) EXCEED THE REASONABLY NECESSARY RETAINED
EARNINGS FOR IMPROVED EFFICIENCY OF THE EMPLOYEES IN THE BUSINESS
UNIT, THE EXECUTIVE DIRECTOR OF THE STATE AGENCY MAY ALLOCATE
SUCH EXCESS COST SAVINGS TO OTHER PROGRAMS OR FUNCTIONS WITHIN
THE STATE AGENCY.".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
SB98-141 by Senator
Blickensderfer; also Representative Owen--Concerning conditions
for the distribution of moneys from the Colorado economic development
fund.
Ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB98-011 by Senator
Bishop; also Representative Allen--Concerning qualifications for
the office of school district director, and, in connection therewith,
prohibiting any person convicted of the commission of a sex offense
against a child from serving on a school district board of education.
Amendment No. 1, Education
Report, dated March 9, 1998, and placed in member's
bill file; Report also printed in House Journal, March 11, page
875.
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB98-082 by Senator
B. Alexander; also Representative Dean--Concerning the Colorado
postsecondary educational facilities authority, and, in connection
therewith, changing the name of the authority to the Colorado
educational and cultural facilities authority and modifying the
institutions that may receive assistance from the authority.
Amendment No. 1, by Representative
Dean.
Amend reengrossed bill, page 18, strike lines 17
through 25 and substitute the following:
"SECTION 19. 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.".
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB98-071 by Senator
Phillips; also Representative Takis--Concerning the amount a municipality
can appropriate annually to associated charity organizations.
Ordered revised and placed on the Calendar for Third
Reading and Final Passage.
SB98-051 by Senator
Blickensderfer; also Representative McElhany--Concerning mandated
insurance coverages for state employees.
Ordered revised and placed on the Calendar for Third
Reading and Final Passage.
SB98-111 by Senator
Coffman; also Representative Hefley--Concerning certain governmental
entities to which current members of the Colorado general assembly
are appointed, and, in connection therewith, authorizing the appointment
of former members of the Colorado general assembly to such governmental
entities.
Amendment No. 1, State,
Veterans, and Military Affairs Report, dated March 10, 1998, and
placed in member's
bill file; Report also printed in House Journal, March 11, pages
876-879.
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB98-070 by Senator
Tanner; also Representative Tate--Concerning tuition vouchers
at community colleges for Colorado works participants.
Ordered revised and placed on the Calendar for Third
Reading and Final Passage.
SB98-128 by Senator
Wells; also Representative Smith--Concerning the prepaid postsecondary
education expense trust program.
Ordered revised and placed on the Calendar for Third
Reading and Final Passage.
HB98-1379 by Representatives
Anderson and McPherson; also Senators Schroeder and Lamborn--Concerning
the recommendations of the legislative council relating to approval
of air quality control commission revisions to the air quality
state implementation plan.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB98-1068 by Representative
Anderson; also Senator Ament--Concerning improvements to the state
radio communications network, and, in connection therewith, creating
a public safety communications trust fund, and making an appropriation
in connection therewith.
Amendment No. 1, Judiciary
Report, dated January 27, 1998, and placed in member's
bill file; Report also printed in House Journal, January 28, page
263.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB98-1072 by Representative Morrison; also Senator Wham--Con-cerning the regulation of the practice of psychotherapy, and, in connection therewith, continuing and expanding the authority of the Colorado state board of psychologist examiners, the state board of social work examiners, the state board of licensed professional counselor examiners, and the state board of marriage and family therapist examiners and continuing the authority of the state grievance board with jurisdiction limited to the regulation of unlicensed psychotherapists.
Amendment No. 1, Health,
Environment, Welfare and Institutions Report, dated January 19,
1998, and placed in member's
bill file; Report also printed in House Journal, January 22, pages
147-201.
Amendment No. 2, Appropriations
Report, dated March 13, 1998, and placed in member's
bill file; Report also printed in House Journal, March 13, pages
899-908.
Amendment No. 3, by Representative
Morrison.
Amend the Health, Environment, Welfare, and Institutions
Committee Report, dated January 19, 1998, page 4, line 2, after
the period, add ""UNLICENSED PSYCHOTHERAPIST"
ALSO MEANS A PERSON WHO IS A CERTIFIED OR LICENSED SCHOOL PSYCHOLOGIST,
CERTIFIED PURSUANT TO SECTION 2260104 (1) (c), C.R.S.,
OR LICENSED PURSUANT SECTION 2260.5210, C.R.S., AND
WHO IS PRACTICING OUTSIDE OF A SCHOOL SETTING.".
Page 61, line 5, after the period, add ""UNLICENSED
PSYCHOTHERAPIST" ALSO MEANS A PERSON WHO IS A CERTIFIED
OR LICENSED SCHOOL PSYCHOLOGIST, CERTIFIED PURSUANT TO SECTION
2260104 (1) (c), C.R.S., OR LICENSED PURSUANT SECTION
2260.5210, C.R.S., AND WHO IS PRACTICING OUTSIDE OF
A SCHOOL SETTING.".
Amendment No. 4, by Representative
Morrison.
Amend the Health, Environment, Welfare, and Institutions
Committee Report, dated January 19, 1998, page 12, line 6, strike
"or certified school psychologist"
and substitute "LICENSED or certified school psychologist,";
line 10, strike "or
certified school psychologist's"
and substitute "LICENSED or certified school psychologist's,";
line 14, strike "or
certified school" and substitute
"LICENSED or certified school";
line 15, strike "psychologist,"
and substitute "psychologist,";
line 21, strike "or
certified school psychologist"
and substitute "LICENSED or certified school psychologist,";
line 24, strike "or
certified school psychologist"
and substitute "LICENSED or certified school psychologist,";
line 26, strike "or
certified school psychologist"
and substitute "LICENSED or certified school psychologist,";
line 28, strike "or
certified school psychologist"
and substitute "LICENSED or certified school psychologist,";
line 32, strike "or
certified school" and substitute
"LICENSED or certified school";
line 33, strike "psychologist"
and substitute "psychologist,".
Page 13, line 4 strike "or
certified school" and substitute
"LICENSED or certified school";
line 14, strike "psychologist"
and substitute "psychologist,".
Amendment No. 5, by Representative
Leyba.
Amend the Health, Environment, Welfare, and Institutions
Committee Report, dated January 19, 1998, page 65, line 36, before
"DEGREE", insert "BEHAVIORAL SCIENCES OR SOCIAL
WORK RELATED".
Page 66, line 1, after the semicolon, add "AND".
Amendment No. 6, by Representative
Paschall.
Amend the Health, Environment, Welfare, and Institutions
Committee Report, dated January 19, 1998, page 69, line 17, after
"LICENSE;", insert "OR FURNISHED BY AN UNLICENSED
PSYCHOTHERAPIST ACTING IN COMPLIANCE WITH PART 7 OF ARTICLE 43
OF TITLE 12, C.R.S.;";
line 31, strike "or" and substitute "or";
line 32, strike "OR";
line 33, after "state,", insert "OR
UNLICENSED PSYCHOTHERAPIST ACTING IN COMPLIANCE WITH PART 7 OF
ARTICLE 43 OF TITLE 12, C.R.S.,".
line 36, strike "OR";
line 37, strike "THERAPIST" and substitute
"THERAPIST, OR UNLICENSED PSYCHOTHERAPIST".
Page 70, line 3, strike "OR";
line 4 strike "THERAPIST" and substitute
"THERAPIST, OR UNLICENSED PSYCHOTHERAPIST";
line 14, strike "AND";
line 18, strike "C.R.S." and substitute
"C.R.S., UNDER APPROPRIATE SUPERVISION, BEYOND A MASTER'S
DEGREE; AND "UNLICENSED PSYCHOTHERAPIST" MEANS
A PERSON WHO IS LISTED AS AN UNLICENSED PSYCHOTHERAPIST UNDER
PART 7 OF ARTICLE 43 OF TITLE 12, C.R.S., AND WHO HAS AT LEAST
FIVE YEARS OF EXPERIENCE IN PSYCHOTHERAPY, AS DEFINED IN 1243701
(9), C.R.S., UNDER APPROPRIATE SUPERVISION, BEYOND A MASTER'S
DEGREE.".
Amendment No. 7, by Representative
Epps.
Amend the Health, Environment, Welfare, and Institutions
Committee Report, dated January 19, 1998, page 74, strike lines
8 through 22 and substitute the following:
"(a) When any person appears to be
mentally ill and, as a result of such mental illness, appears
to be an imminent danger to others or to himself OR HERSELF or
appears to be gravely disabled, THEN a peace officer; a professional
person; a registered professional nurse as defined in section
1238103 (11), C.R.S., who by reason of postgraduate
education and additional nursing preparation has gained knowledge,
judgment, and skill in psychiatric or mental health nursing; A
LICENSED MARRIAGE AND FAMILY THERAPIST OR LICENSED PROFESSIONAL
COUNSELOR, LICENSED UNDER THE PROVISIONS OF PART 5 OR 6 OF ARTICLE
43 OF TITLE 12, C.R.S., WHO BY REASON OF POSTGRADUATE EDUCATION
AND ADDITIONAL PREPARATION HAS GAINED KNOWLEDGE, JUDGMENT, AND
SKILL IN PSYCHIATRIC OR CLINICAL MENTAL HEALTH THERAPY, FORENSIC
PSYCHOTHERAPY, OR THE EVALUATION OF MENTAL DISORDERS; or a licensed
clinical social worker licensed under the provisions of part 4
of article 43 of title 12, C.R.S., EACH OF WHOM IS REFERRED TO
IN THIS SECTION AS THE "INTERVENING PROFESSIONAL",
upon probable cause and with such assistance as may be required,
may take the person into custody, or cause him
THE PERSON to be taken into custody, and place
him PLACED in a facility designated
or approved by the executive director for a seventytwohour
treatment and evaluation.".
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 (SB98-157, HB98-1091, 1173, 1246, 1272, 1318, SB98-7, 172, 173, HB98-1385, SB98-171, HB98-1384) was laid over until March 23, retaining place on Calendar.
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB98-1099 amended, SB98-141,
11 amended, 82 amended, 71, 51, 111 amended, 70, 128, HB98-1379,
1068 amended, 1072 amended.
Laid over until date indicated retaining place on
Calendar: SB98-157, HB98-1091, 1173, 1246, 1272, 1318, SB98-7,
172, 173, HB981385, SB98-171, HB98-1384--March 23, 1998.
Referred to Committee indicated:
SB98-107--Committee on
Appropriations.
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. YChavez 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 E 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 E |
_______________
REPORTS OF COMMITTEES OF REFERENCE
JUDICIARY
After consideration on the merits, the Committee
recommends the following:
HB98-1389 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 3, line 26, strike "Repeal.".
Page 4, line 1, strike "repealed
as follows:"
and substitute "amended
to read:";
strike lines 5 through 9, and substitute the following:
Acorrections
repeal. (10) (a) On
or before January 30, 1994
JANUARY 30, 1999, the department of corrections shall submit a
report to the capital development
committee and the joint budget committee
HOUSE AND SENATE JUDICIARY COMMITTEES concerning the youthful
offender system and thereafter shall
submit an annual updated report that includes but is not necessarily
limited to the following CONTAINING
A SUMMARY OF THE RECIDIVISM RATE FOR OFFENDERS WHO COMPLETE THE
PROGRAMS IN THE YOUTHFUL OFFENDER SYSTEM THAT TRACKS SUCH OFFENDERS
FOR FIVE YEARS FOLLOWING RELEASE FROM THE YOUTHFUL OFFENDER SYSTEM
AS WELL AS AN ACCOUNTING OF THE AMOUNT SPENT PER OFFENDER FOR
EACH OF THE FIRST FIVE YEARS OF OPERATION OF THE YOUTHFUL OFFENDER
SYSTEM.".
Page 6, strike lines 4 through 10.
Renumber succeeding sections accordingly.
Page 6, line 17, strike "Repeal.";
line 18, strike "repealed
as follows:"
and substitute "amended
to read:";
strike lines 24 through 26.
Page 7, strike line 1 and substitute the following:
A(4)
On March 1
OR BEFORE JANUARY 31 of each
year, the
attorney general shall transmit to the general assembly
OR, ALTERNATIVELY, MAY PRESENT AS PART OF THE ANNUAL LEGISLATIVE
BRIEFING BY THE DEPARTMENT OF LAW, a report which shall be a statistical
compilation of the reports received from district attorneys, as
well as similar information from his
THE ATTORNEY GENERAL'S office.";
strike lines 6 through 14, and substitute the following:
A(g) To
require of the head of each institution and agency assigned to
the department an annual report containing such information and
submitted at such a time as the executive director shall decide.
The executive director shall prepare and transmit annually in
the form and manner prescribed by the heads of the principal departments
pursuant to the provisions of section 241136, C.R.S.
TO THE GENERAL ASSEMBLY OR, ALTERNATIVELY, MAY INCORPORATE INTO
THE ANNUAL DEPARTMENT OF CORRECTIONS STATISTICAL REPORT PRESENTED
TO THE HOUSE AND SENATE IN JANUARY OF EACH YEAR, a report accounting
to the governor and the general assembly for the efficient discharge
of all responsibilities assigned by law or directive to the department
or to the divisions thereof.";
line 15, strike "Repeal.";
line 16, strike "repealed
as follows:"
and substitute "amended
to read:";
strike lines 17 through 24, and substitute the following:
A171104.3. Correctional
facilities locations security level.
(4) On or before November
1, 1995, and the first day of each November thereafter,
ON OR BEFORE JANUARY 31 OF EACH YEAR, the department shall submit
an annual report to the joint budget committee, the capital development
committee, and the judiciary committees of each house of the general
assembly PREPARE AND TRANSMIT TO
THE GENERAL ASSEMBLY OR, ALTERNATIVELY, MAY INCORPORATE INTO THE
ANNUAL DEPARTMENT OF CORRECTIONS STATISTICAL REPORT PRESENTED
TO THE HOUSE AND SENATE IN JANUARY OF EACH YEAR, A REPORT that
compares the construction and operating costs of facilities with
mixed custody levels to the construction and operating costs of
facilities without such mixed custody levels.".
Page 10, line 12, strike "(2),"
and substitute "(2)
(a),";
line 14, strike "(2) (a)@
and substitute "(2) (a)".
Page 11, strike lines 5 through 14.
Page 12, line 12, strike "Repeal.";
line 13, strike "repealed
as follows:"
and substitute "amended
to read:";
strike lines 14 through 18, and substitute the following:
A191116. Funding
alternatives to placement out of the home.
(3) The department of human services shall report annually
to the house and senate committees on health, environment, welfare,
and institutions concerning the funds
reimbursed to AMOUNT OF CAPPED ALLOCATIONS,
AS DEFINED IN SECTION 26-5-101 (1), C.R.S., RECEIVED BY each county
pursuant to this section, by line item, and each county's spending,
by line item.";
line 19, strike "Repeal."
and, strike "(2),"
and substitute "(2)
(a)";
line 20, strike "repealed
as follows:"
and substitute "amended
to read:";
strike lines 21 through 26.
Page 13, strike lines 1 through 15, and substitute
the following:
A191123. Expedited
procedures for permanent placement children under the age
of six years designated counties annual report.
(2) (a) On or before December 31, 1995, and each
December 31 thereafter through and including December 31, 2003,
the department of human services in consultation with the judicial
department shall submit a written report to the joint budget committee
AND TO THE HOUSE AND SENATE COMMITTEES ON HEALTH, EDUCATION, WELFARE,
AND INSTITUTIONS regarding program effectiveness and progress
toward statewide implementation. Such report shall also provide
an evaluation as to whether outofhome placement costs
have been avoided as a result of the program. In the event such
costs have been avoided, the department of human services shall
request that any available moneys be transferred from the outofhome
placement budget category to the family issues cash fund for the
purposes of statewide implementation. The implementation of expedited
procedures in additional counties shall be subject to specific
appropriation by the general assembly.".
Page 14, line 11, after "22.",
insert "Repeal.";
strike line 12 and substitute "repealed
as follows:";
strike lines 22 through 26.
Strike page 15.
Page 16, strike lines 1 through 7, and substitute
the following:
"(a) To
establish a set of criteria for both detention and commitment
for the purposes of determining which juvenile offenders are appropriate
for placement in the physical or legal custody of the department
of human services. Such criteria shall conform with section 192508.
This set of criteria, when adopted by the department of human
services and the judicial department, shall be used to promote
a more uniform system of determining which juveniles should be
placed in the physical custody of the department of human services
or in the legal custody of the department of human services so
that decisions for such placement of a juvenile are made based
upon a uniform set of criteria throughout the state. In developing
such set of criteria, the working group shall utilize any existing
risk scale devised by the department of human services or any
other measures to determine when it is appropriate to place a
juvenile in the physical custody of the department of human services
or in the legal custody of the department of human services. The
working group established pursuant to this subsection (1) shall
hold a meeting once each year to review and propose revision to
the criteria established pursuant to this paragraph (a) and the
formula created pursuant to paragraph (b) of this subsection (1).
The working group shall report any changes made to the criteria
or to the formula to the general assembly on or before December
1 of each year.".
Renumber succeeding sections accordingly.
Page 17, strike lines 7 through 26.
Page 18, strike lines 1 through 19, and substitute
the following:
"SECTION
23. 19-2-309 (6.5), Colorado Revised Statutes,
is amended to read:
192309. Regimented juvenile training
program legislative declaration repeal.
(6.5) (a) In addition to the report
submitted pursuant to subsection (6) of this section, on or before
January 15, 1998, and on or before January 15 of each year thereafter,
the department of human services shall submit to the general assembly
a report that includes, but is not limited to, the following information:
(I) A nonidentifying profile of each juvenile
participating in the regimented juvenile training program during
the preceding year;
(II) A description of the services provided
through the regimented juvenile training program during the preceding
year; and
(III) The completion rate for the regimented
juvenile training program, calculated for the state as a whole
and for each judicial district.
(b) On or before January
15, 1998, and on or before January 15 of each year thereafter,
the judicial department shall submit to the general assembly a
report that includes, but is not limited to, the following information:
(I) Descriptions of the aftercare services
provided by each judicial district;
(II) The completion rate for each aftercare
service or program provided; and
(III) The recidivism rate for juveniles who
complete the regimented juvenile training program, calculated
for the state as a whole and for each judicial district. The recidivism
rate calculated pursuant to this subparagraph (III) shall include
any juvenile who commits a criminal offense, either as a juvenile
or as an adult, within three years after completing the regimented
juvenile training program.
(c) On or before January
15, 2000, NOVEMBER 30, 1999, the
department of human services shall submit to the general assembly
an evaluation of the regimented juvenile training program.".
Renumber succeeding sections accordingly.
Page 19, strike lines 10 through 26.
Strike page 20.
Page 21, strike lines 1 through 13.
Renumber succeeding sections accordingly.
FINANCE
After consideration on the merits, the Committee
recommends the following:
HB981387
be amended as follows, and as so amended, be referred to the Committee
on Appropriations with favorable recommendation:
Amend printed bill, page 3, line 13, strike "STATE";
line 24, after "KIND", insert "AT
A SPECIFIC LOCATION".
Page 5, line 12, strike "STATE";
line 15, strike "STATE";
line 18, strike "STATE".
Page 6, line 3, strike "STATE";
line 8, strike "STATE";
line 18, after "(2)", insert "(a)";
strike lines 20 and 21, and substitute the following:
"PERSONALLY DELIVERED TO THE RETAILER AT THE
ACTUAL RETAIL LOCATION OR MAILED TO THE RETAILER AT THE LAST KNOWN
ADDRESS AS SHOWN BY THE RECORDS OF THE DEPARTMENT.";
after line 23, insert the following:
"(b) A RETAILER THAT DOES NOT CLAIM
AN AFFIRMATIVE DEFENSE PURSUANT TO SECTION 2435506
(2) MAY WAIVE ITS RIGHT TO A HEARING AND PAY THE APPROPRIATE FINE.";
line 24, after "CONDUCTED", insert
"AT A LOCATION DESIGNATED BY THE DIVISION".
Page 7, line 19, strike "LIMITED".
Page 8, line 26, strike "LIMITED".
Page 10, strike lines 3 through 9;
line 10, strike "24-35-509"
and substitute "24-35-508.".
Page 13, strike lines 20 through 25, and substitute
the following:
"SECTION 5. Appropriation. (1) In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the general fund not otherwise appropriated,
to the department of revenue, for allocation to the division of
liquor enforcement, for the fiscal year beginning July 1, 1998,
the sum of one hundred thirty-six thousand seventy-three dollars
($136,073), or so much thereof as may be necessary, for the implementation
of this act. Of said sum, seven thousand three hundred sixty-six
dollars ($7,366) cash fund exempt shall be to the department of
law for legal services.
(2) In addition to any other appropriation,
there is hereby appropriated, to the department of human services,
for the fiscal year beginning July 1, 1998, the sum of twenty-two
thousand dollars ($22,000) cash fund exempt spending authority,
or so much thereof as may be necessary, for the implementation
of this act.".
SB98-85 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Strike the Local Government Committee report, dated
March 9, 1998.
Amend reengrossed bill, page 5, line 22, after "THE", insert "HOUSE AND SENATE BUSINESS AFFAIRS AND LABOR COMMITTEES OF THE".
_______________
MESSAGES FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes:
HB98- 1110, amended as printed in Senate Journal, March 13, pages 454-456.
_________
In response to the request of the House for a Conference Committee on
HB98-1015, the President appointed Senators Wham,
Chm., Hopper, and Rupert as members of the First Conference Committee
on the part of the Senate.
In response to the request of the House for a Conference Committee on
HB98-1059, the President appointed Senators Dennis,
Chm., Lamborn, and Linkhart as members of the First Conference
Committee on the part of the Senate.
In response to the request of the House for a Conference Committee on
HB98-1130, the President appointed Senators Hopper,
Chm., Wham, and Perlmutter as members of the First Conference
Committee on the part of the Senate.
In response to the request of the House for a Conference Committee on
HB98-1359, the President appointed Senators Lacy, Chm., Powers, and Matsunaka as members of the First Conference Committee on the part of the Senate.
_______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended, HB98-1110.
______________
INTRODUCTION OF BILL
First Reading
The following bill was read by title and referred
to the committee indicated:
HB98-1400 by Representatives Owen, May, Paschall, Pfiffner, Entz, George, S. Johnson, Pankey, Schauer, and T. Williams; also Senator Ament--Concerning restructuring of the natural gas industry.
Committee on Business Affairs and Labor.
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Anderson, the following
items on the Calendar were laid over until March 23, retaining
place on Calendar:
Consideration of Resolutions--SJR98-12, HJR98-1009, 1011, 1018, 1017.
Consideration of Senate Amendments--HB98-1039, 1086, 1105, 1131, 1207, 1365, 1293.
_______________
On motion of Representative Anderson, the House adjourned
until 10:00 a.m., March 23, 1998.
Approved:
CHARLES E. BERRY,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk