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

HOUSE JOURNAL

SIXTY-FIRST GENERAL ASSEMBLY

STATE OF COLORADO

Second Regular Session

Eighty-third Legislative Day Monday, March 30, 1998

Prayer by Lt. Col. Jim Moore, Chaplain, Civil Air Patrol.

The Speaker Pro Tempore called the House to order at 10:00 a.m.

The roll was called with the following result:

Present--61.

Absent and excused--Representatives  C. Berry, Gordon, Tate, Taylor--4.

Present after roll call--Representatives Gordon, Tate, Taylor.

The Speaker Pro Tempore declared a quorum present.

_______________

On motion of Representative Dyer, the reading of the journal of March 27, 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 Speaker Pro Tempore.

______________

PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed: HB98-1406.

______________

DELIVERY OF BILL TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bill has been delivered to the Office of the Governor: HB98-1150 at 4:05 p.m. on March 27, 1998.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate failed to pass HB98-1045 and 1093 on Second Reading. The bill is returned herewith.

The Senate voted to lay HB98-1249 on the table. The bill is returned herewith.

The President appointed Senator Matsunaka to replace Senator Perlmutter as a member of the Conference Committee on SB98-036.

______________

MESSAGE FROM THE GOVERNOR

I certify I received the following on the 27th day of March, 1998, at 4:05 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 27, 1998

To the Honorable

Colorado House of Representatives

Sixty-first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

H.B. 98-1116 Concerning the elimination of certain restrictions on the awarding of contracts to provide bus service within the Regional Transportation District.

Approved March 27, 1998 at 1:48 p.m.

H.B. 98- 1143 Concerning the eligibility requirements for children to be enrolled in the health care program sponsored by the Public Employees' Retirement Association.

Approved March 27, 1998 at 1:50 p.m.

H.B. 98- 1162 Concerning payment of tuition for students enrolled in institutions of higher education through the "Postsecondary Enrollment Options Act."

Approved March 27, 1998 at 1:51 p.m.

H.B. 98-1168 Concerning limitations on the use of social security account numbers.

Approved March 27, 1998 at 1:52 p.m.

H.B. 98-1356 Concerning a supplemental appropriation to the Department of Transportation.

Approved March 27, 1998 1:53 p.m.

Sincerely,

(signed)

Roy Romer

Governor

______________

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title and laid over one day under the rules:

HJR98-1024 by Representative Anderson; also Senator Wells--Concerning the convening date of the First Regular Session of the Sixty-second General Assembly and the deadline schedule.

WHEREAS, Section 2-2-303.5, Colorado Revised Statutes, authorizes the General Assembly to designate the convening date for regular sessions by joint resolution; and

WHEREAS, During the previous legislative session, Joint Rule No. 23, concerning the legislative deadline schedule was amended to change several deadlines to accommodate concerns relating to the processing of bills during that session, an odd-numbered year; and

WHEREAS, One of these changes also impacted the deadlines for sessions held in even-numbered years, but a conforming amendment was not made; and

WHEREAS, The general assembly has conducted the current legislative session under the assumption that the conforming amendment had been made; 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 pursuant to section 2-2-303.5, Colorado Revised Statutes, the General Assembly designates Wednesday, January 6, 1999, as the convening date for the First Regular Session of the Sixty-second General Assembly.

2.  That the action of the House of Representatives in not adopting several Senate Bills until it completes work on the Long Appropriation Bill is hereby validated. This action was based on the assumption that the deadline for passage of Senate Bills in the House of Representatives would have been moved to a date following the deadline for the House to act on the Long Appropriation Bill. This change should have been made to be consistent with the extension by one week of the deadline for Committees of Reference to act on bills originating in the opposite house from the 66th day to the 73rd day.

3.  That Joint Rule No. 23 (a) (1) of the Joint Rules of the Senate and the House of Representatives is amended to read:

23. DEADLINE SCHEDULE

(a) (1) Deadline schedule. For the purposes of organizing the legislative session, the schedule for the enactment of legislation shall be as follows:


5 days prior to 1st day

Deadline for filing one of each member's three bills requested prior to December 1 or December 15 pursuant to paragraph (2) of this subsection (a) and Joint Rule 24 (b) (1) (A) with the house of introduction for printing, distribution to Legislative Council staff for preparation of fiscal notes, and introduction on the 1st day.

1st day

Deadline for the introduction of the bills required to be filed 5 days prior to the 1st day.

3rd day

Deadline for introduction of the two remaining Senate bills requested prior to December 1 or December 15 pursuant to paragraph (2) of this subsection (a) and Joint Rule 24 (b) (1) (A).

6th day

Deadline for introduction of the two remaining house bills requested prior to December 1 or December 15 pursuant to paragraph (2) of this subsection (a) and Joint Rule 24 (b) (1) (A).

Deadline for bill draft requests to the Office of Legislative Legal Services.


17th day

Final deadline for introduction of Senate bills, except the long appropriation bill. No Senate bill delivered by the Office of Legislative Legal Services on or before the twelfth legislative day shall be introduced more than five legislative days after such delivery. Any Senate bill delivered by the Office of Legislative Legal Services on or after the thirteenth legislative day shall be introduced not later than the seventeenth legislative day.

22nd day

Final deadline for introduction of House bills, except the long appropriation bill. No House bill delivered by the Office of Legislative Legal Services on or before the seventeenth legislative day shall be introduced more than five legislative days after such delivery. Any House bill delivered by the Office of Legislative Legal Services on or after the eighteenth legislative day shall be introduced not later than the twenty­second legislative day.

37th day

Deadline for Senate committees of reference to report Senate bills.*

38th day

Deadline for House committees of reference to report House bills.*

48th day

Deadline for final passage of House bills in the House of Representatives.*

50th day

Deadline for final passage of Senate bills in the Senate.*

73rd day

Deadline for committees of reference to report bills originating in the other house.*

76th day

Deadline for introduction of the long appropriation bill in the house of origin which shall be the House of Representatives in even-numbered years and the Senate in odd-numbered years. and

Deadline in even-numbered years for final passage in the House of Representatives of all bills originating in the Senate.*


80th day

Deadline for final passage of the long appropriation bill in the house of origin.

83rd day

Deadline in even­numbered years for final passage in the Senate of all bills originating in the House of Representatives*.

Deadline in odd­numbered years for final passage in the House of Representatives of all bills originating in the Senate*.


87th day

Deadline for final passage of the long appropriation bill in the second house; and

Deadline for final passage, including any conference committee report, for any bill prescribing all or a substantial portion of the total funding for public schools pursuant to the "Public School Finance Act of 1994", Article 54 of Title 22, Colorado Revised Statutes.


90th day

Deadline in odd-numbered years for final passage in the Senate of all bills originating in the House of Representatives.* and for final passage in the House of Representatives of all bills originating in the Senate.*

Deadline in even-numbered years for final passage in the House of Representatives of all bills originating in the Senate.*


94th day

Deadline for adoption of the conference committee report on the long appropriation bill.

Deadline for Appropriations Committee in house of introduction to report bills referred to Appropriations Committee.


101st day

Deadline for final passage in house of introduction of all bills referred to Appropriations Committee in that house.

108th day

Deadline for Appropriations Committee in second house to report bills referred to Appropriations Committee.

113th day

Deadline for final passage in second house of all bills referred to Appropriations Committee in that house.

118th day

If there has been adjournment to a day certain, reconvene for adjournment sine die unless the joint resolution for adjournment to a day certain specifies another day for reconvening.

* All bills in the Appropriations Committee in either house on the day of the asterisked deadline are excluded from these deadlines.

_________

HJR98-1025 by Representative Anderson; also Senator Wells--Concerning budget review by committees.

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

That Joint Rule No. 25 (d) of the Joint Rules of the Senate and the House of Representatives is amended to read:

25. DEADLINE RESPONSIBILITIES OF

COMMITTEES OF REFERENCE

AND STATUTORY COMMITTEES

(d) Committees of reference and the Capital Development Committee shall also review, each year, the budget of all the departments of the executive department of state government or the portions thereof for any divisions, sections, offices, agencies, or operations and programs which THAT are within the subject­matter jurisdiction of each committee, as provided in subsection (b) of this rule. TO ACCOMPLISH THIS REVIEW, THE COMMITTEES OF REFERENCE OF EACH HOUSE AND THE CAPITAL DEVELOPMENT COMMITTEE SHALL CONDUCT HEARINGS DURING THE FIRST TWO WEEKS OF THE LEGISLATIVE SESSION. THE DEADLINE FOR COMPLETING THE HEARINGS IS THE FIFTEENTH LEGISLATIVE DAY. AT SUCH HEARINGS, PERSONNEL OF THE EXECUTIVE DEPARTMENTS SHALL PROVIDE TO THE APPROPRIATE COMMITTEE THAT HAS SUBJECT MATTER JURISDICTION A SUMMARY OF THE SAME MATERIALS AND TESTIMONY PREVIOUSLY PROVIDED TO THE JOINT BUDGET COMMITTEE DURING THE DEPARTMENT'S BUDGET HEARING. THE STAFF OF THE JOINT BUDGET COMMITTEE SHALL BE AVAILABLE TO PROVIDE THE RESPECTIVE COMMITTEES WITH ASSISTANCE AND TO EXPLAIN ANY JOINT BUDGET COMMITTEE RESPONSES OR RECOMMENDATIONS REGARDING THE DEPARTMENT'S HEARING BEFORE THE JOINT BUDGET COMMITTEE. AFTER COMPLETION OF THE HEARINGS, THE CHAIRMEN OF THE COMMITTEES SHALL COMMUNICATE ANY CONCERNS OR COMMENTS REGARDING PREPARATION OF THE LONG APPROPRIATION BILL TO THE JOINT BUDGET COMMITTEE MEMBERS OF THAT HOUSE.

_______________

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.

HB98-1146 by Representative Allen--Concerning an expedited dismissal procedure for public school teachers whose performance remains unsatisfactory following completion of intensive remediation.

Representative Anderson moved to lay the bill over until May 7. The motion was declared passed by viva voce vote. The bill is deemed lost.

HB98-1401 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--To provide for the payment of the expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 1998, except as otherwise noted.

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 54 NO 7 EXCUSED 4 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps YFaatz Y

George Y


Gordon E

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave N

Nichol Y

Owen Y

Pankey N

Paschall N

Pfiffner N

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant N

Swenson Y

Takis Y

Tate E

Taylor E

Tool Y

Tucker Y

Tupa N

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker E

Co-sponsors added: Representatives Entz, George.

HB98-1402 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning an increase in the transfer of moneys from the general fund 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 58 NO 3 EXCUSED 4 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon E

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave N

Nichol Y

Owen Y

Pankey Y

Paschall N

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 E

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker E

Co-sponsor added: Representative George.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and transmits herewith: SJR98-016.

______________

INTRODUCTION AND CONSIDERATION OF RESOLUTION

The following resolution was read at length and given immediate consideration:

SJR98-16 by Senators Coffman and B. Alexander, Chlouber, et.al.; also Representatives Dyer, Clarke, Entz, May, Owen, Pankey, Pfiffner, Romero, Sinclair, Taylor, and Tool--Concerning recognition on Military Appreciation Day on March, 30, 1998.

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

On motion of Representative Dyer, the resolution was read at length and adopted by the following roll call vote:

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 E

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith 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

Co-sponsors added: Roll call of the House.

________________

On motion of Representative Taylor, the House resolved itself into Committee of the Whole for consideration of General Orders, and he was called to the Chair to act as Chairman.

________________

GENERAL ORDERS--SECOND READING OF BILLS

The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been dispensed with by unanimous consent), the bills considered and action taken thereon as follows:

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

HB98-1091 by Representative Epps; also Senator Powers--Concerning increased penalty for possession of a weapon by a felon, and making an appropriation therefor.

Amendment No. 1, Judiciary Report, dated January 15, 1998, and placed in member's bill file; Report also printed in House Journal, January 19, pages 105-106.

Amendment No. 2, Appropriations Report, dated March 13, 1998, and placed in member's bill file; Report also printed in House Journal, March 13, page 908.

Amendment No. 3, by Representative Epps.

Amend the Appropriations Committee Report, dated March 13, 1998, page 1, strike lines 18 through 20 and substitute the following:

"enacted at the first regular session of the sixty-first general assembly, PLUS ONE HUNDRED THIRTY-TWO THOUSAND SIX HUNDRED FORTY-ONE DOLLARS PURSUANT TO H.B. 98-1091, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FIRST GENERAL ASSEMBLY;".

Amendment No. 4, by Representative Epps.

Amend the Appropriations Committee Report, dated March 13, 1998, page 1, strike lines 1 through 3 and substitute the following:

"Amend the Judiciary Committee Report, dated January 15, 1998, strike page 1.

Page 2, strike lines 1 through 5 and substitute the following:"

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

SB98-157 by Senator Tebedo; also Representative Kreutz--Concerning family child care homes.

Amendment No. 1, by Representative Kreutz.

Amend reengrossed bill, page 3, line 6, after "provisions.", insert "(1)  AS USED IN THIS SECTION, "FAMILY CHILD CARE HOME" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 26­6­102 (4) IN WHICH THE PROVIDER CARES FOR NOT MORE THAN EIGHT CHILDREN, INCLUDING THE PROVIDER'S OWN CHILDREN.".

Renumber succeeding subsections accordingly.

Page 3, strike lines 17 through 20, and substitute the following:

"(3) (a)  ON AND AFTER JULY 1, 1998, NO NEW SUBDIVISION OR A DECLARANT FOR A COMMON INTEREST COMMUNITY SHALL FILE A COVENANT GOVERNING THE USE OF REAL PROPERTY THAT DIRECTLY OR EFFECTIVELY PROHIBITS THE OPERATION OF A FAMILY CHILD CARE HOME.".

Page 4, after line 5, insert the following:

"(4)  NOTHING IN THIS SECTION SHALL BE INTERPRETED TO LIMIT THE EXERCISE OF RIGHTS PURSUANT TO SECTION 38­33.3­217, C.R.S.".

Renumber succeeding subsections accordingly.

Page 5, after line 24, insert the following:

"SECTION 5.  38­33.3­205, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

38­33.3­205.  Contents of declaration. (4)  THE DECLARATION OF A DECLARANT MAY NOT CONTAIN A COVENANT PROHIBITING THE OPERATION OF A FAMILY CHILD CARE HOME, EXCEPT AS SPECIFICALLY AUTHORIZED PURSUANT TO SECTION 26­6­103.5, C.R.S.".

Renumber succeeding sections accordingly.

As amended, declared lost on Second Reading.

HB98-1396 by Representative Entz; also Senator Bishop--Concerning the establishment of special hunting licensing programs, and, in connection therewith, establishing special licensing programs for youth and for the mobility-impaired.

Amendment No. 1, Agriculture, Livestock and Natural Resources Report, dated March 18, 1998, and placed in member's bill file; Report also printed in House Journal, March 19, pages 974-975.

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

SB98-072 by Senator Coffman; also Representative May--Con-cerning requirements relating to anatomical gifts under the "Uniform Anatomical Gift Act", and, in connection therewith, deleting requirements for witnesses to anatomical gift documents and HLA typing information on drivers' licenses and identification cards, clarifying the revocability and irrevocability of such gifts, making the form placed on drivers' licenses and identification cards consistent with such changes, and clarifying provisions relating to the administration of the organ and tissue donation awareness fund.

Amendment No. 1, Health, Environment, Welfare and Institutions Report, dated March 16, 1998, and placed in member's bill file; Report also printed in House Journal, March 17, pages 927-929.

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

SB98-023 by Senator Pascoe; also Representative Morrison--Con-cerning actions to protect against unsafe used infant cribs.

Amendment No. 1, Health, Environment, Welfare and Institutions Report, dated March 18, 1998, and placed in member's bill file; Report also printed in House Journal, March 19, pages 961-962.

Amendment No. 2, by Representative Morrison.

Amend reengrossed bill, page 4, strike line 3 and substitute the following:

"AVAILABLE TO THE PUBLIC A COPY OF THE FEDERAL STANDARDS AND A COPY OF THE".

Amendment No. 3, by Representative Pfiffner.

Amend reengrossed bill, page 2, line 2, strike "A PARENT'S" and substitute "PARENTS'";

strike line 3 and substitute the following:

"OF USED INFANT CRIBS OCCASIONALLY RESULTS IN CRIB ACCIDENTS";

line 4, strike "AN INFANT'S INJURY OR DEATH," and substitute "INFANTS' INJURIES OR DEATHS,".

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

SB98-052 by Senator Matsunaka; also Representative S. Johnson--Concerning an incentive program for state agencies to reduce costs.

Amendment No. 1, State, Veterans, and Military Affairs Report, dated March 17, 1998, and placed in member's bill file; Report also printed in House Journal, March 19, pages 962-963.

Amendment No. 2, by Representative Pfiffner.

Amend the State, Veterans, and Military Affairs Committee Report, dated March 17, 1998, page 1, strike lines 1 through 4 and substitute the following:

"Amend reengrossed bill, page 2, strike line 22 and substitute the following:

"REDUCTION OR PERSONAL SERVICES CONTRACTS THAT THE AGENCY ENTERED INTO UNDER A MANAGED COMPETITION PROCESS."."

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

HB98-1391 by Representatives S. Johnson, Hagedorn, Owen, and Smith; also Senator Bishop--Concerning the conditions under which a health care coverage entity may modify benefits within an existing small group or individual health benefit plan.

Amendment No. 1, Business Affairs and Labor Report, dated March 19, 1998, and placed in member's bill file; Report also printed in House Journal, March 20, page 978.

Amendment No. 2, by Representative Johnson.

Amend the Business Affairs and Labor Committee Report, dated March 19, 1998, page 1, after line 13, insert the following:

"(III) TO THE EXTENT A HEALTH BENEFIT PLAN ALREADY PROVIDES THE BENEFITS AND COVERAGES ESTABLISHED IN SECTION 10­16­105 (7.2) AND RULES AND REGULATIONS PROMULGATED THEREUNDER, THE PROPOSED MODIFICATIONS TO BENEFITS AND COVERAGES DO NOT FALL BELOW SUCH REQUIREMENTS;".

Renumber succeeding subparagraphs accordingly.

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

HB98-1393 by Representative Allen; also Senator B. Alexander--Concerning recommendations of the house committee on education related to the continuation of requirements for certain periodic reports to the general assembly from executive and judicial branch agencies under articles 1 to 60 of title 22, Colorado Revised Statutes.

Amendment No. 1, Education Report, dated March 18, 1998, and placed in member's bill file; Report also printed in House Journal, March 20, pages 979-980.

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

SB98-085 by Senator Schroeder; also Representative Dyer--Concerning the establishment of the "Rural Technology Enterprise Zone Act" to increase private investment in technology infrastructure that improves internet access in rural areas of the state.

Amendment No. 1, Finance Report, dated March 18, 1998, and placed in member's bill file; Report also printed in House Journal, March 20, page 1007.

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

HB98-1389 by Representative Adkins; also Senator Wham--Concerning recommendations of the house committee on the judiciary related to the continuation of requirements for certain periodic reports to the general assembly from executive and judicial branch agencies under articles 16 to 90 of title 13 and under titles 14 to 21, Colorado Revised Statutes.

Amendment No. 1, Judiciary Report, dated March 19, 1998, and placed in member's bill file; Report also printed in House Journal, March 20, pages 1002-1006.

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

HB98-1390 by Representative Kaufman; also Senator Matsunaka--Concerning authorization for the governing body of a municipality to enter into an intergovernmental agreement with the county or counties in which it is located to establish a joint zoning board of adjustment.

Amendment No. 1, Local Government Report, dated March 18, 1998, and placed in member's bill file; Report also printed in House Journal, March 20, pages 981-982.

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 (SB98-142) was laid over until March 31, retaining place on Calendar.

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative Paschall moved to amend the Report of the Committee of the Whole to show that SB98­023, as amended, did not pass.

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

YES 26 NO 36 EXCUSED 3 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 N

Entz N

Epps N

Faatz N

George E


Gordon N

Gotlieb N

Grampsas N

Grossman N

Hagedorn N

Hefley Y

Johnson N

June Y

Kaufman N

Keller N

Kreutz N

Lawrence Y

Leyba N

Mace N

May Y

McElhany Y


McPherson Y

Miller N

Morrison N

Musgrave Y

Nichol N

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser N

Romero N

Salaz Y

Saliman N

Schauer N

Sinclair Y

Smith N


Snyder N

Spradley E

Sullivant Y

Swenson Y

Takis N

Tate N

Taylor Y

Tool N

Tucker N

Tupa N

Udall N

Veiga N

Williams, S. N

Williams, T. Y

Young Y

Zimmerman N

Mr. Speaker E

Representative Spradley excused from voting under House Rule 21(c).

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB98-1091 amended, 1396 amended, SB98-72 amended, 23 amended, 52 amended, HB98-1391 amended, 1393 amended, SB98-85 amended, HB98-1389 amended, 1390 amended.

Lost on Second Reading: SB98-157 amended.

Laid over until date indicated retaining place on Calendar: SB98-142--March 31, 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 63 NO 0 EXCUSED 2 ABSENT 0

Adkins Y

Agler YAlexander 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 E

Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y

McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith 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

______________

CONSENT GRANTED TO CONFERENCE COMMITTEE

Representative Dean moved that the First Conference Committee on SB98-171 be granted permission to go beyond the scope of the difference between the House and the Senate. The motion was passed by the following roll call vote:

YES 49 NO 13 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez N

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz E

George E


Gordon Y

Gotlieb Y

Grampsas Y

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 N


McPherson N

Miller Y

Morrison Y

Musgrave N

Nichol Y

Owen Y

Pankey N

Paschall N

Pfiffner N

Reeser N

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant N

Swenson N

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 E

______________

Correction

H.J. page 1072, line 48, after "Schauer" insert "; also Senator Powers".

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until March 31, retaining place on Calendar:

Consideration of Conference Committee Report--HB98-1149.

Consideration of Resolutions--HJR98-1009, 1011, 1018, 1021, HR98­1007.

Consideration of Senate Amendments--HB98-1207, 1036, 1025, 1012, 1033, 1050, 1062, 1117, 1123, 1176, 1178, 1188, 1200, 1215, 1221, 1224, 1244, 1245, 1296, 1304, 1337, 1371, 1376, 1154, 1335.

_______________

On motion of Representative Anderson, the House adjourned until 9:00 a.m., March 31, 1998.

Approved:


CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk