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-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
First Regular Session
Tenth Legislative
Day Friday, January 15, 1999
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.
Vacancy--1.
Absent and excused--Representative Mitchell--1.
Present after roll call--Representative Mitchell.
The Speaker declared a quorum present.
_______________
On motion of Representative Coleman, the reading of the journal of January 14, 1999, was dispensed with and approved as corrected by the Chief Clerk.
LETTER OF RESIGNATION
January 13, 1999
The Honorable Russell George
Speaker of the House
State Capitol
Denver, CO 80203
Dear Mr. Speaker:
As you are aware, Governor Bill Owens has asked me
to serve on his cabinet as Commissioner of Agriculture. This
letter is to notify you, that effective January 15, 1999, I will
resign my seat as State Representative for District 65. Given
that the legislature is in session for only 120 days and bills
are being voted on each day, I have urged the chairman of the
vacancy committee in District 65 to make every effort to fill
this vacancy quickly so that District 65 will not go unrepresented
for any portion of the session.
As a former Representative and Senator for Northeast
Colorado, I would like to express my sincere appreciation to the
voters of our district who have chosen me to serve them over the
past 12 years. I can't express what an honor and privilege it
has been to serve the people with whom I live and work everyday.
While I will miss working with my colleagues in the
General Assembly, I look forward to the challenges of my new position
as Commissioner of Agriculture. Best wishes for a productive
legislative session.
Sincerely,
(signed)
Don Ament
State Representative
_______________
REPORTS OF COMMITTEES OF REFERENCE
AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES
After consideration on the merits, the Committee
recommends the following:
HB99-1002 be amended
as follows, and as so amended, be referred to the Committee on
Finance with favorable recommendation:
Amend printed bill, page 2, line 22, strike "SYSTEMS"
and substitute "EQUIPMENT";
line 23, strike "SYSTEMS" and substitute
"EQUIPMENT".
Page 3, line 21, after "LIVESTOCK", insert
"AS DEFINED IN SECTION 39-26-102 (5.5), C.R.S.".
Page 4, line 13, strike "SYSTEMS" and substitute
"EQUIPMENT";
line 14, strike "SYSTEMS" and substitute
"EQUIPMENT".
Page 5, line 11, after "LIVESTOCK", insert
"AS DEFINED IN SECTION 39-26-102 (5.5), C.R.S.".
HB99-1015 be referred
to the Committee on Finance with favorable recommendation.
HB99-1016 be amended
as follows, and as so amended, be referred to the Committee on
Finance with favorable recommendation:
Amend printed bill, page 2, line 1, after "CHEMICALS,",
insert "ENHANCING COMPOUNDS,";
line 2, strike the second "AND";
line 5, strike "LIVESTOCK." and substitute
"LIVESTOCK; AND";
after line 5, insert the following:
"(III) ANIMAL PHARMACEUTICALS THAT
HAVE BEEN APPROVED BY THE FOOD AND DRUG ADMINISTRATION.";
line 17, after "CHEMICALS,", insert "ENHANCING
COMPOUNDS,";
line 18, strike the second "AND";
line 21, strike "LIVESTOCK." and substitute
"LIVESTOCK; AND";
after line 21, insert the following:
"(C) ANIMAL PHARMACEUTICALS THAT
HAVE BEEN APPROVED BY THE FOOD AND DRUG ADMINISTRATION.".
HB99-1053 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 13, strike "EXEMPTIONS
UNDER";
line 14, strike "SECTION 300f - 4 (B) (i) OF" and substitute the following:
"EXCLUSION FROM THE DEFINITION OF A PUBLIC WATER
SYSTEM UNDER".
HB99-1054 be referred
to the Committee of the Whole with favorable recommendation.
HB99-1055 be referred
to the Committee of the Whole with favorable recommendation.
EDUCATION
After consideration on the merits, the Committee
recommends the following:
HB99-1038 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 3, line 5, strike "INCLUDE:"
and substitute "INCLUDE, BUT NOT BE LIMITED TO:";
line 11, strike "OVER THE COURSE" and substitute
"FROM ONE ACADEMIC YEAR TO THE NEXT";
line 12, strike "OF AN";
line 14, strike "SCHOOL BEGAN SUCH ACADEMIC"
and substitute "SCHOOL'S PREVIOUS RESULTS HAD";
line 15, strike "YEAR WITH";
line 18, strike "OVER THE COURSE OF AN"
and substitute "FROM ONE ACADEMIC YEAR TO THE NEXT";
line 20, strike "SCHOOL BEGAN" and substitute
"SCHOOL'S PREVIOUS RESULTS HAD";
line 21, strike "SUCH ACADEMIC YEAR WITH".
Page 4, after line 19, insert the following:
"(d) THE STATE BOARD SHALL ANNUALLY
REVIEW THE INDEX SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH (a)
OF THIS SUBSECTION (2) AND THE PERCENTAGES CONTAINED THEREIN AS
GOALS AND THE STATE BOARD MAY RAISE SUCH REQUIREMENTS AS NECESSARY
IN ORDER TO ENHANCE HIGHER LEVELS OF STUDENT ACHIEVEMENT.".
Page 6, line 18, strike "____" and substitute
"two hundred thousand" and strike "($ )"
and substitute "($200,000)".
HB99-1041 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend page 3, after line 8, insert the following:
"SECTION 3. No appropriation. The
general assembly has determined that this act can be implemented
within existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.".
Renumber succeeding section accordingly.
HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS
After consideration on the merits, the Committee
recommends the following:
HB99-1019 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 6, after line 2, insert
the following:
"(D) MEDICAL AND PATIENT RECORD CONFIDENTIALITY.".
HB99-1089 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, after line 1, insert the following:
"SECTION 2. 262709,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
262709. Benefits
cash assistance programs. (1.5) Rules
concerning cash assistance. (a) THE STATE BOARD
SHALL PROMULGATE RULES TO GIVE MEANING TO THE TERM "ONETIME"
AS USED IN THE DEFINITION OF "CASH ASSISTANCE" SET FORTH
IN SECTION 262703 (3.5) (b), IN ORDER TO PREVENT THE
MISUSE OR ABUSE OF CASH ASSISTANCE BY PARTICIPANTS REPEATEDLY
APPLYING FOR AND RECEIVING ONETIME SHORTTERM ASSISTANCE.
(b) THE STATE BOARD SHALL PROMULGATE RULES
AS MAY BE NECESSARY TO COMPLY WITH CHANGES IN FEDERAL REGULATIONS
RELATING TO THE DEFINITION OF THE TERM "CASH ASSISTANCE".".
Renumber succeeding sections accordingly.
HB99-1091 be referred
to the Committee of the Whole with favorable recommendation.
HB99-1112 be postponed
indefinitely.
LOCAL GOVERNMENT
After consideration on the merits, the Committee
recommends the following:
HB99-1062 be referred
to the Committee of the Whole with favorable recommendation.
HB99-1063 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 8, after "CHILD,"
insert the following:
"AS DEFINED IN SUBSECTION 31-31-801 (2),".
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee
recommends the following:
HB99-1076 be referred
to the Committee of the Whole with favorable recommendation.
HB99-1078 be referred to the Committee of the Whole with favorable recommendation.
HB99-1079 be referred
to the Committee of the Whole with favorable recommendation.
HB99-1084 be postponed indefinitely.
______________
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title and
referred to the committees indicated:
HJR99-1004 by Representative Young; also Senator Watten-berg-Concerning additions and modifications to the Water Pollution Control Revolving Fund Eligibility List.
Committee on Agriculture, Livestock and Natural Resources
WHEREAS, Pursuant to the federal "Clean Water
Act" and the provisions of section 3795107.6,
Colorado Revised Statutes, the Water Pollution Control Revolving
Fund has been created in the Colorado Water Resources and Power
Development Authority ("Authority") to provide financial
assistance for wastewater treatment system projects as set forth
in section 3795107.6, Colorado Revised Statutes, and
in accordance with the terms and conditions of the federal "Clean
Water Act"; and
WHEREAS, Pursuant to section 3795107.6
(4) (c), Colorado Revised Statutes, in order to qualify as wastewater
treatment system projects eligible for assistance from the Authority
through the Water Pollution Control Revolving Fund or otherwise,
proposed projects must be included upon a Project Eligibility
List; and
WHEREAS, Pursuant to section 3795107.6
(4) (b), Colorado Revised Statutes, annual additions or modifications
to the Project Eligibility List are required to be approved by
Joint Resolution of the Colorado General Assembly, signed by the
Governor; and
WHEREAS, The Colorado Water Quality Control Commission
has developed additions or modifications to the Project Eligibility
List consisting of proposed wastewater treatment system projects
that have been identified by the Authority, in conjunction with
the Colorado Department of Public Health and Environment, acting
through the Colorado Water Quality Control Division and the Colorado
Department of Local Affairs, acting through the Colorado Division
of Local Government, as appropriate for inclusion as additions
or modifications to the Project Eligibility List; and
WHEREAS, The provision of financial assistance from
the Authority through the Water Pollution Control Revolving Fund
or otherwise to the proposed projects will preserve, protect,
conserve, and develop the water resources of the state; promote
the beneficial use of the waters of the state and the protection
and preservation of the public health, safety, and welfare; create
and preserve jobs and employment opportunities; and improve the
economic welfare of the people of the state; and
WHEREAS, The General Assembly deems the projects
to be in the interest and to the advantage of the people of the
state; now, therefore,
Be It Resolved by the House of Representatives
of the Sixty-second General Assembly of the State of Colorado,
the Senate concurring herein:
1. That the following fiftyfive
proposed wastewater treatment system projects are hereby included
as additions or modifications to the Project Eligibility List
as defined in sections 3795103 (10.5) and 3795107.6
(4), Colorado Revised Statutes, as projects eligible for financial
assistance from the Colorado Water Resources and Power Development
Authority through the Water Pollution Control Revolving Fund or
otherwise:
ADDITIONS OR MODIFICATIONS TO THE
PROJECT ELIGIBILITY LIST
ENTITY PROJECT DESCRIPTION
Antonito, Town of Wastewater treatment system improvements
including, but not limited to, treatment plant and collection
system.
Aurora/Sand Creek Wastewater treatment system improvements
including, but not limited to, treatment plant/reuse.
Bent County/Hasty Wastewater treatment system improvements
including, but not limited to, treatment plant and collection
system.
Bristol Water & Sanitation Wastewater treatment system
District improvements including, but not limited
to, treatment plant.
Central Clear Creek Sanitation Wastewater treatment system
District improvements including, but not limited
to, treatment plant.
Colorado Springs, City of Wastewater treatment system
improvements including, but not limited to, treatment plant and
interceptor.
Crestone, Town of Wastewater treatment system improvements
including, but not limited to, treatment plant and interceptor.
Dacono Sanitation District Wastewater treatment system improvements including, but not limited to, interceptors.
Deer Trail, Town of Wastewater treatment system
improvements including, but not limited to, collection lines.
Douglas County/Jackson Creek Wastewater treatment
system improvements including, but not limited to, treatment plant,
collection system, and interceptor.
Eagle River Water and Wastewater treatment system
Sanitation District improvements including, but
not limited to, treatment plant.
Edgewater, City of Wastewater treatment system
improvements including, but not limited to, collection system.
Evergreen Metropolitan District Wastewater treatment
system improvements including, but not limited to, treatment plant
and biosolids facilities.
Forest Lakes Metropolitan Wastewater treatment system
District improvements including, but not limited
to, treatment plant and collection system.
Fort Garland Water and Wastewater treatment system
Sanitation District improvements including, but
not limited to, treatment plant and collection system.
Fowler, Town of Wastewater treatment system improvements
including, but not limited to, treatment plant.
Fremont County Special Wastewater treatment system
Improvement District improvements including, but
not limited to, collection system and interceptor.
Fremont Sanitation District Wastewater treatment
system improvements including, but not limited to, treatment plant
and biosolids facilities.
Genoa, Town of Wastewater treatment system improvements
including, but not limited to, collection system and interceptor.
Gilcrest, Town of Wastewater treatment system improvements including, but not limited to, treatment plant.
Golden, City of Wastewater treatment system improvements
including, but not limited to, stormwater project.
Grover, Town of Wastewater treatment system improvements
including, but not limited to, treatment plant, biosolids
facilities, and lift station.
Gunnison County Wastewater treatment system improvements
including, but not limited to, collection system and interceptor.
Gunnison County/Somerset Wastewater treatment system
improvements including, but not limited to, collection system
and interceptors.
HillnPark Sanitation District Wastewater
treatment system improvements including, but not limited to, treatment
plant and interceptor.
Kersey, Town of Wastewater treatment system improvements
including, but not limited to, collection system.
LaJunta, City of Wastewater treatment system improvements
including, but not limited to, treatment plant and collection
system.
Lake City, Town of Wastewater treatment system
improvements including, but not limited to, treatment plant.
Lake County Wastewater treatment system improvements
including, but not limited to, treatment plant.
Lakehurst Water and Wastewater treatment system
Sanitation District improvements including, but
not limited to, collection system.
Lamar, City of Wastewater treatment system improvements
including, but not limited to, stormwater project.
Monte Vista, City of Wastewater treatment system
improvements including, but not limited to, treatment plant and
stormwater project.
Mt. Crested Butte Sanitation Wastewater treatment system
District improvements including, but not limited
to, treatment plant and collection system.
North Lamar Sanitation District Wastewater treatment
system improvements including, but not limited to, transmission,
interceptor, and collection system.
Olney Springs, Town of Wastewater treatment system
improvements including, but not limited to, treatment plant.
Orchard City, Town of Wastewater treatment system
improvements including, but not limited to, treatment plant, collection
system, and interceptors.
Penrose Water District/Fremont Wastewater treatment system
County improvements including, but not limited
to, treatment plant.
Pikes Peak Highway/Colorado Wastewater treatment system
Springs improvements including, but not limited
to, stormwater (erosion/sedimentation) project.
Pinion Water and Sanitation Wastewater treatment system
District improvements including, but not limited
to, treatment plant and interceptor.
Prowers County/Road HH Wastewater treatment system
improvements including, but not limited to, treatment plant and
interceptor.
Pueblo West Metropolitan Wastewater treatment system
District improvements including, but not limited
to, treatment plant.
Rangely, Town of Wastewater treatment system improvements
including, but not limited to, treatment plant.
Rico, Town of Wastewater treatment system improvements
including, but not limited to, treatment plant and collection
system.
Ridgway, Town of Wastewater treatment system improvements including, but not limited to, treatment plant.
Round Mountain Water and Wastewater treatment system
Sanitation District improvements including, but
not limited to, treatment plant and leach field.
Saguache, Town of Wastewater treatment system improvements
including, but not limited to, treatment plant and collection
system.
Salida, City of Wastewater treatment system improvements
including, but not limited to, treatment plant and biosolids
facilities.
San Miguel County Wastewater treatment system
(Placer Valley) improvements including, but not
limited to, treatment plant, collection system, and interceptor.
South Adams County Water Wastewater treatment system and
Sanitation District improvements including, but
not limited to, treatment plant and biosolids facilities.
Timnath, Town of Wastewater treatment system improvements
including, but not limited to, treatment plant, collection system,
and interceptor.
Triple Creek Sanitation District Wastewater treatment
system improvements including, but not limited to, treatment plant.
West Glenwood Springs Wastewater treatment system
Sanitation District improvements including, but
not limited to, treatment plant.
Westwood Lakes Water and Wastewater treatment system
Sanitation District improvements including, but
not limited to, treatment plant, collection system, and interceptor.
Widefield Sanitation District Wastewater treatment
system improvements including, but not limited to, treatment plant.
Winter Park Water and Wastewater treatment system
Sanitation District improvements including, but
not limited to, treatment plant.
2. That the following thirtythree
proposed wastewater treatment system projects are hereby deleted
from the Project Eligibility List as defined in sections 3795103
(10.5) and 3795107.6 (4), Colorado Revised Statutes,
as projects eligible for financial assistance from the Colorado
Water Resources and Power Development Authority from the Water
Pollution Control Revolving Fund ("WPCRF") or otherwise:
ENTITY STATUS/FUNDING
SOURCE
Battlement Mesa Metro District Not ready to proceed
Bennett, City of Utilized other funds
Berthoud, Town of Utilized other funds
Boulder, City of Utilized other funds
Boulder/Triple Creek Name change
Castle Pines North Utilized other funds
Metropolitan District
Colorado Springs, City of Utilized WPCRF loan and
other funds
Dacono, Town of Name change
Eagle, Town of Utilized WPCRF loan and other funds
East River Reg. Sanitation No regional project
District
Elizabeth, Town of Utilized other funds
Erie Water and Sanitation Name change
District
Fountain Sanitation District Utilized WPCRF loan
Fruita, City of Utilized other funds
Gunnison City/East Name change
Gunnison City/North Name change
Hermosa Sanitation District Utilized other funds
Hotchkiss, Town of Utilized other funds
Kremmling, Town of Name change
Lamar, City of Utilized other funds
Littleton/Englewood Utilized other funds
Lyons, Town of Utilized WPCRF loan and other funds
Manzanola, Town of Utilized WPCRF loan and other
funds
Monte Vista, City of Project change
Montrose County/Spring Creek Utilized other funds
Estates
Montrose County/Spring Creek Utilized other funds
Mesa
Mt. Crested Butte/Meridian Utilized WPCRF loan
Lakes
Orchard City, Town of Project change
Pagosa Springs Sanitation Utilized WPCRF loan and other funds
District
Snyder Sanitation District Utilized other funds
Superior Metro District No. 1 Utilized other funds
West Jefferson Metro District Utilized other funds
Winter Park Water and Utilized WPCRF loan
Sanitation District
Be It Further Resolved, That this Resolution be presented to the Governor for signature pursuant to section 3795107.8 (4) (a), Colorado Revised Statutes.
_________
HJR99-1005 by Representative Young; also Senator Watten-berg-Concerning additions and modifications to the drinking water revolving fund eligibility list.
Committee on Agriculture, Livestock and Natural Resources
WHEREAS, Pursuant to section 3795107.8,
Colorado Revised Statutes, the Drinking Water Revolving Fund has
been created in the Colorado Water Resources and Power Development
Authority ("Authority") to provide financial assistance
for certain drinking water supply projects; and
WHEREAS, Pursuant to section 3795103
(4.8), Colorado Revised Statutes, in order to qualify for financial
assistance from the Drinking Water Revolving Fund, proposed projects
must be included on the Drinking Water Project Eligibility List;
and
WHEREAS, Pursuant to section 3795107.8
(4) (b), Colorado Revised Statutes, the Division of Administration
in the Department of Public Health and Environment, in conjunction
with the Board of Health, has proposed additions and modifications
to the Drinking Water Project Eligibility List; and
WHEREAS, The provision of financial assistance from
the Drinking Water Revolving Fund to the proposed projects will
preserve, protect, conserve, and develop the water resources of
the state; promote the beneficial use of the waters of the state
and the protection and preservation of the public health, safety,
and welfare; create and preserve jobs and employment opportunities;
and improve the economic welfare of the people of the state; and
WHEREAS, The General Assembly deems the projects
to be in the interest and to the advantage of the people of the
state; now, therefore,
Be It Resolved by the House of Representatives
of the Sixtysecond General Assembly of the State of Colorado,
the Senate concurring herein:
1. That the following fifty proposed drinking water
projects are hereby included as additions or modifications to
the Drinking Water Project Eligibility List as defined in sections
3795103 (4.8) and 3795107.8, Colorado
Revised Statutes, as projects eligible for financial assistance
from the Drinking Water Revolving Fund.
ADDITIONS OR MODIFICATIONS TO THE
PROJECT ELIGIBILITY LIST
ENTITY PROJECT DESCRIPTION
Aspen, City of Water management facilities including,
but not limited to, treatment plant, transmission pipeline, distribution
system, and meters.
Aurora, City of Water management facilities including,
but not limited to, treatment plant.
Basalt, Town of Water management facilities including,
but not limited to, treatment plant.
Bayfield, Town of Water management facilities including,
but not limited to, treatment plant.
Breckenridge, Town of Water management facilities
including, but not limited to, treatment plant, distribution system,
and storage.
Brighton, City of Water management facilities including, but not limited to, new supply and treatment plant.
Brookside, Town of Water management facilities
including, but not limited to, distribution system.
Buffalo Creek/Jefferson County Water management facilities
including, but not limited to, new supply and treatment plant.
Clifton Water District Water management facilities
including, but not limited to, treatment plant and storage.
Costilla County/San Acacio Water management facilities
including, but not limited to, well, distribution system, and
storage.
Cottonwood Water and Water management facilities including,
Sanitation District but not limited to, wells,
treatment plant, and storage.
Cripple Creek, Town of Water management facilities
including, but not limited to, treatment plant, transmission pipelines,
distribution system, and meters.
Crowley County Water Water management facilities
including, but not limited to, distribution system.
DeBeque, Town of Water management facilities including,
but not limited to, treatment plant.
Eagle River Water and Water management facilities including,
Sanitation District but not limited to, treatment
plant and storage.
Elizabeth, Town of Water management facilities
including, but not limited to, storage.
Estes Park, Town of Water management facilities
including, but not limited to, distribution system.
Glenwood Springs, City of Water management facilities
including, but not limited to, treatment plant, transmission pipelines,
distribution system, storage, and upgrade supply.
Granada, Town of Water management facilities including, but not limited to, well, distribution system, and storage.
Grand County Water and Water management facilities including,
Sanitation District No. 1 but not limited to, treatment
plant, distribution system, and storage.
Gunnison, City of Water management facilities including,
but not limited to, wells, distribution system, and storage.
Gypsum, Town of Water management facilities including,
but not limited to, transmission pipelines and pumping system.
Hamilton Creek Water management facilities including,
Metropolitan District but not limited to, well,
transmission pipelines, and distribution system.
Hartman, Town of Water management facilities including,
but not limited to, distribution system and storage.
Hazeltine Heights Water and Water management facilities including,
Sanitation District but not limited to, transmission
pipelines and distribution system.
Highland Acres Water and Water management facilities including,
Sanitation District but not limited to, treatment
plant and transmission pipelines.
Holyoke, Town of Water management facilities including,
but not limited to, well, storage, and pumping plant.
Hudson, Town of Water management facilities including,
but not limited to, storage.
Johnstown, Town of Water management facilities including,
but not limited to, treatment plant, pumps, and meters.
Julesburg, Town of Water management facilities
including, but not limited to, wells, treatment plant, transmission
pipelines, distribution system, and storage.
LaJunta, City of Water management facilities including,
but not limited to, treatment plant, transmission pipelines, distribution
system, and storage.
Leadville/Lake County MHPs Water management facilities including, but not limited to, transmission pipelines and distribution system.
Limon, Town of Water management facilities including,
but not limited to, treatment plant.
Lookout Mountain Water Water management facilities including,
District but not limited to, distribution system.
Loveland, City of Water management facilities including,
but not limited to, treatment plant.
Paint Brush Hills Water management facilities including,
Metropolitan District but not limited to, well and
treatment plant.
Parachute, Town of Water management facilities
including, but not limited to, treatment plant.
Pine Drive Water District Water management facilities
including, but not limited to, new supply and treatment plant.
Project 7 Water Authority Water management facilities
including, but not limited to, treatment plant and storage.
Ridgway, Town of Water management facilities including,
but not limited to, treatment plant and transmission pipelines.
Salida, City of Water management facilities including,
but not limited to, treatment plant.
Silver Heights Water and Water management facilities including,
Sanitation District but not limited to, well.
Silverton, Town of Water management facilities
including, but not limited to, treatment plant.
South Adams County Water Water management facilities including,
and Sanitation District but not limited to, new
supply and storage.
Starkville, Town of Water management facilities
including, but not limited to, transmission pipelines and distribution
system.
Trinidad, City of Water management facilities including,
but not limited to, treatment plant, transmission pipelines, and
storage.
Walsh, Town of Water management facilities including,
but not limited to, well and pump station.
Westwood Lakes Water Water management facilities including,
District but not limited to, treatment plant,
transmission pipelines, distribution system, and storage.
Wilson Mesa/Telluride Water management facilities
including, but not limited to, distribution system and meters.
Woodmoor Water and Water management facilities including,
Sanitation District No. 1 but not limited to, well
and transmission pipelines.
2. That the following twentythree
proposed drinking water projects are hereby deleted from the Drinking
Water Project Eligibility List as defined in sections 3795103
(4.8) and 3795107.8, Colorado Revised Statutes, as
projects eligible for financial assistance from the Colorado Water
Resources and Power Development Authority from the Drinking Water
Revolving Fund ("DWRF") or otherwise.
Deletions due to completed projects, projects being
funded by other resources, projects becoming ineligible for DWRF
assistance, name/project change, or facilities in compliance include:
DELETIONS FROM THE PROJECT ELIGIBILITY LIST
ENTITY STATUS/FUNDING
SOURCE
Arapahoe Estates Water District Utilized DWRF loan
and other funds
Berkeley Water and Sanitation Utilized other funds
District
Bow Mar Water and Sanitation Utilized other funds
District
Castle Pines North Metro District Utilized other
funds
Englewood, City of Utilized DWRF loan
Georgetown, Town of Utilized other funds
Glenwood Springs, City of Project change
Hoover Hills Water and Sanitation Not ready to proceed
District
Julesburg, Town of Project change
Keenesburg, Town of Utilized other funds
La Plata County Name change
Mancos, Town of Utilized other funds
Naturita, Town of Utilized other funds
Palmer Lake, Town of Utilized other funds
Rangely, Town of Utilized other funds
Redstone Water and Sanitation District Utilized DWRF
loan
San Miguel County Not ready to proceed
(Placerville)
Shannon Water District Utilized other funds
Steamboat II Water and Utilized other funds
Sanitation District
Teller County Water and Utilized other funds
Sanitation District No. 1
Victor, City of Utilized other funds
Westlake Water and Sanitation Utilized other funds
District
WillOWisp Metro District Utilized other
funds
Be It Further Resolved, That this Resolution be presented to the Governor for signature pursuant to section 3795107.8 (4) (b), Colorado Revised Statutes.
________________
On motion of Representative Johnson, 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.)
HB99-1040 by Representative
Gotlieb; also Senator Wham--Concerning benefit retirement systems
for school districts.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB99-1043 by Representative
Tool; also Senator Wattenberg--Concerning payment of fees to the
Colorado state university professional veterinary medicine program.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB99-1057 by Representative
Larson; also Senator Teck--Concerning the modification
of the length of time for which title insurance documents must
be retained.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB99-1061 by Representative
T.Williams; also Senator Dennis--Concerning requirements for the
payment of unemployment insurance benefits.
Amendment No. 1, Business
Affairs & Labor Report, dated January 12, 1998, and placed
in member's
bill file; Report also printed in House Journal, January 13, page
87.
Amendment No. 2, by Representative
T. Williams.
Amend the House Business Affairs and Labor Committee
Report, dated January 12, 1999, page 1, line 9, strike "ABUSE;"."
and substitute "ABUSE; AND".".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB99-1083 by Representative
Saliman, Smith, Tochtrop--Concerning a requirement that notice
of certain provisions of the "Mobile Home Park Act"
be provided to a mobile home owner whose tenancy is being terminated.
Amendment No. 1, Local
Government January 11, 1999, and placed in member's
bill file; Report also printed in House Journal, January 12, page 77.
Amendment No. 2, by Representative
Saliman.
Amend the Local Government Committee Report, dated
January 11, 1999, page 1, line 3, strike ""IF"."
and substitute ""WHETHER OR NOT".";
line 8, strike ""CURE""."
and substitute ""CURE"";";
after line 8, insert the following:
"line 9, strike "TERMINATED."
and substitute "TERMINATED PURSUANT TO SECTIONS 3812202
AND 3812203, COLORADO REVISED STATUTES".".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB99-1017 by Representative
Chavez; also Senator Reeves--Concerning appeals of disputed individual
responsibility contracts under the Colorado works program.
Amendment No. 1, Health,
Environment, Welfare, & Institutions January 11, 1999, and
placed in member's
bill file; Report also printed in House Journal, January 12, page
79-81.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
On motion of Representative Dean, the remainder of the General Orders Calendar (HB99-1072) was laid over until January 18, retaining place on Calendar.
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB99-1040, 1043, 1057,
1061 amended, 1083 amended, 1017 amended.
Laid over until date indicated retaining place on Calendar:
HB99-1072--January 18,
1999.
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 64 NO 0 EXCUSED 0 VACANCY 1 ABSENT 0
|
Alexander Y
Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y | Hagedorn Y Hefley Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y | Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Sullivant Y Swenson Y | Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y Mr. Speaker Y |
_______________
REPORTS OF COMMITTEE OF REFERENCE
FINANCE
After consideration on the merits, the Committee
recommends the following:
HB99-1005 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 6, after "PERSON"
insert "DOMICILED IN COLORADO";
line 18, strike "TEN" and substitute "SEVEN".
Page 8, strike line 26 and substitute the following:
"MANNER AS LIABILITY WOULD BE IMPOSED ON A QUALIFIED
PURCHASER FOR STATE SALES TAX PURSUANT TO SECTION 3926105
(3), C.R.S.".
Page 9, strike lines 1 and 2;
strike lines 19 through 21 and substitute the following:
"MANNER AS LIABILITY WOULD BE IMPOSED ON A QUALIFIED
PURCHASER FOR STATE SALES TAX PURSUANT TO SECTION 3926105
(3), C.R.S.".
Page 10, strike lines 14 through 16 and substitute
the following:
"SAME MANNER AS LIABILITY WOULD BE IMPOSED ON
A QUALIFIED PURCHASER FOR STATE SALES TAX PURSUANT TO SECTION
3926105, (3) C.R.S.".
Page 11, strike line 26 and substitute the following:
"MANNER AS LIABILITY WOULD BE IMPOSED ON A QUALIFIED
PURCHASER FOR STATE SALES TAX PURSUANT TO SECTION 3926105
(3), C.R.S.".
Page 12, strike lines 1 and 2.
Page 13, strike lines 11 and 12 and substitute the
following:
"QUALIFIED PURCHASER FOR STATE SALES TAX PURSUANT
TO SECTION 3926105 (3), C.R.S.".
Page 14, strike lines 15 and 16 and substitute the
following:
"QUALIFIED PURCHASER FOR STATE SALES TAX PURSUANT
TO SECTION 3926105 (3), C.R.S.";
strike lines 19 through 21 and substitute the following:
"SECTION 12. Effective date.
This act shall take effect at 12:01 a.m. on the day following
the expiration of the ninetyday period after final adjournment
of the general assembly that is allowed for submitting a referendum
petition pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.".
HB99-1012 be referred
to the Committee of the Whole with favorable recommendation.
HB991014
be amended as follows, and as so amended, be referred to the Committee
of the Whole with favorable recommendation:
Amend printed bill, page 3, strike lines 1 through
3 and substitute the following:
"SECTION 3. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".
______________
INTRODUCTION OF RESOLUTION
The following resolution was read by title and laid
over one day under the rules:
HR99-1006 by Representatives
Lawrence, Alexander, and Chavez-Concerning
employee positions at specified grades and steps and the appointment
of employees to said positions for the House of Representatives
for the first regular session of the Sixty-second general assembly.
Be It Resolved by the House of Representatives
of the Sixty-second General Assembly of the State of Colorado:
That pursuant to the provision of section 2-2-305,
Colorado Revised Statutes, the following positions are hereby
created for the First Regular Session of the Sixty-second General
Assembly, the monthly compensation to be paid to the persons elected
or appointed to each position to be the amount set opposite the
position:
OF THE HOUSE
1 Visitor's Aide Grade 62 Step 1
1 Receptionist Grade 62 Step 1
That the following named persons be appointed as
employees of the House of Representatives of the Sixty-second
General Assembly, convened in the First Regular Session to the
position set opposite their respective names.
Leah M. McGee Visitor's Aide
Debra Woller Receptionist
_______________
APPOINTMENTS
The Speaker announced the following appointments
to fill vacancies caused by the resignation of Representative
Ament:
Capital Development Committee: Representative Larson
Appropriations Committee: Representative Lawrence
_______________
On motion of Representative Dean, the House adjourned until 10:00 a.m., January 18, 1999.
_______________
JOINT SESSION
The Joint Session was called to order by the Speaker
of the House, Russell George.
On motion of Senator Blickensderfer, the morning
roll call of the Senate was made the roll call of the Joint Session.
On motion of Representative Dean, the morning roll
call of the House was made the roll call of the Joint Session.
The Speaker declared a quorum present and as is customary
presented the gavel to the President of the Senate to preside
over the joint session.
President Powers requested the Joint Committee, composed
of Senators Epps and Linkhart, and Representatives Kaufman, T.Williams
and Grossman to escort the Chief Justice to the rostrum.
Chief Sergeant-at-Arms Suman announced the arrival
of the Honorable Mary Mullarkey, Chief Justice of the State of
Colorado.
The Joint Committee escorted the Chief Justice to
the rostrum where she addressed the Joint Session.
The Joint Committee escorted the Chief Justice from
the Chambers.
On motion of Representative Dean, the Chief Justice's
message was ordered printed in the House Journal.
_________
ADDRESS BY THE HONORABLE
MARY MULLARKEY
I am honored to offer my thoughts on the state of
the judiciary to you, the members of the 62nd General
Assembly.
WHO WE ARE
First, let me tell you about who we are and what
we do. We do two things: we resolve disputes and we supervise
offenders on probation.
We do these two things with 239 judges and 2500 staff
(clerks, probation officers, magistrates, jury commissioners)
located in 22 judicial districts throughout the state. The Supreme
Court and the Court of Appeals are located here in Denver.
We have an operating budget of $197 million; $148
million of it is general fund dollars. Our general fund budget
is 3 percent of the total state budget. Last year we collected
$34 million in court fees and fines, which went to the general
fund.
COUNTY COURTS
We have a county court in each of Colorado's
63 counties. This year, we will have more than 470,000 cases
filed in our county courts.
Examples of cases in county courts include: traffic
and drunk driving; landlord-tenant; domestic violence protective
orders; misdemeanors; collection actions; small claims; and civil
disputes involving less than $10,000.
DISTRICT COURTS
The counties are organized into 22 judicial districts.
This year, we will have almost 170,000 cases filed in our district
courts. The district courts are courts of general jurisdiction,
meaning that district judges hear all types of disputes. More
than one-half of cases filed in metropolitan district courts involve
family law -- divorce; custody; probate and mental health; juvenile
delinquency; and dependency and neglect proceedings. Felonies
are handled in the district courts, as are civil disputes involving
more than $10,000. Water cases are heard by specially designated
district court judges.
COURT OF APPEALS
In 1998, the 16-member Court of Appeals received
a record 2,606 cases on appeal. The court hears appeals of right
from district courts and from administrative agencies and boards.
Currently, the number of criminal appeals is the most rapidly
increasing segment of the court's
work. Between July 1 and December 31, 1998, 604 criminal appeals
were filed in the Court of Appeals, compared with 403 in the same
six-month period in 1997.
SUPREME COURT
Over 1500 new cases were filed in the Supreme Court
in the past year. The seven-member Supreme Court has discretion
to review cases decided by the Court of Appeals and by the district
courts acting on appeals from the county courts. The court has
original jurisdiction to review ongoing matters in the trial courts
and court of appeals. We also decide ballot title submissions,
interlocutory appeals, attorney discipline cases, and certified
questions from the governor, legislature, and federal courts.
We rule in direct appeals in water cases, Public Utility Commission
cases, and death penalty cases. The court is the licensing authority
for attorneys practicing law in Colorado, and we recently made
major changes to improve the handling of complaints against attorneys.
PROBATION
Probation is an important part of the judicial branch.
Probation officers prepare presentence investigation reports
to aid judges in sentencing criminal offenders. Probation officers
also supervise nearly 50,000 offenders. That's
114 percent more than in 1987. Of those 50,000, nearly 10,000
are juveniles.
Our rate of success is good. While on probation,
only 2.5 percent of juveniles and 3.3 percent of adults commit
new crimes. In the year following successful completion of probation,
less than 8 percent of juveniles and less than 12 percent of adults
re-offend.
In adult probation, domestic violence offenses account
for the majority of growth in the number of probationers. While
there is a range of supervision options, most receive close supervision
along with 24 to 36 weeks of treatment.
The most intense adult probation is maintained for
sex offenders where a range of supervision and therapy are required
for the duration of their probation (an average of 6 to 8 years
and up to life).
Our juvenile probationers are assessed using the
award-winning Colorado Standardized Assessment Program. Based
upon the assessment, they are supervised according to their risk
for re-offending. We have children in our system as young as
ten years old, and we may continue to supervise them into their
early 20's.
Each child may be required to undergo some of the wide range
of treatments available -- substance abuse treatment, family therapy,
individual therapy, anger therapy, and, in some cases, parenting
classes. We often supervise young girls who are parents themselves.
With that background in mind, I want to discuss some
of the challenges we face and the responses we are making.
CHALLENGES FACING JUDICIAL
The courts face four major challenges:
1. Growing Caseloads
In the past ten years, the caseloads of our trial
courts have increased by 23 percent -- from 517,000 to 636,000.
New district court filings in 1998 were more than 9 percent higher
than in 1997. Civil cases grew by 20 percent, and criminal cases
grew by 15 percent. County court filings remained static over
the last year, but the complexity of the cases has increased dramatically.
One example is in the area of domestic violence, where restraining
orders are issued and other actions are taken by the courts to
assist the victims. In county courts alone, more than 12,000
restraining orders are issued annually.
Cases filed in the appellate courts also are on the
rise. Over the past five years, the Supreme Court caseload has
increased by 22 percent and the Court of Appeals filings have
increased by 14 percent.
The growth in new cases is attributable, in large
part, to the growth in the state population. About four million
people lived in Colorado in July 1998. That number is expected
to increase at a rate slightly under 2 percent per year through
the next twenty years. More people mean more cases.
2. Diverse Court Users
As our population grows, so does the diversity of
our fellow Coloradans. Courts are facing increasing demands for
language translation. Judges and court staff must be able to
deal with people of many different backgrounds and cultures.
Court users come from a variety of countries and some have limited
familiarity with our language, let alone our constitution or laws.
We are responding to the increased diversity among
court users by building on the successful changes we made in response
to gender bias concerns. Ten years ago the Supreme Court launched
a study of gender bias in the courts. That study resulted in
a report documenting problems in the court system. We have worked
since then to make the necessary changes that will ensure fair
treatment of all men and women.
Through a multicultural commission chaired by Justice
Scott, we have undertaken a similar examination of racial and
ethnic bias in the courts. The multicultural commission's
report was issued a few months ago, and calls many issues to the
court's
attention. The commission's
work will be an important aid in dealing with diversity. We know
from our experience with gender issues that real change requires
leadership from the top and continuous, ongoing educational programs
for judges and all judicial staff.
3. Pro se Parties
Another part of the new reality for courts is that
many more litigants represent themselves without the assistance
of attorneys. This is especially true in domestic relations.
In some jurisdictions, at least one of the parties appears without
an attorney in 50 to 65 percent of domestic relations matters.
This places special burdens on the judges and court staff who
are asked to answer questions and otherwise assist the unrepresented
parties while at the same time remaining scrupulously neutral
and fair to both sides of the dispute.
4. Changing Nature of Cases
Family law cases now are the majority of all cases
filed in the metro area district courts. There's
a growing consensus that many of these cases are not well suited
to resolution by the traditional adversarial method used in courts.
By passing the parenting law last session, which eliminates the
notion of children as property, you have taken an important step
in reducing the conflict involved in marital breakups.
The mix of cases in the courts changes with the legislation
you pass. Trial courts are profoundly affected by new acts that
change the existing structure of our laws or create new rights
and responsibilities. Often new legislation means more litigation
as the meaning of the law is developed on a case-by-case basis.
Sometimes it means that the courts must develop new ways of handling
cases.
Example: Responsibility for death penalty sentencing
is now placed in a three-judge panel. We don't
yet know the effect of the new law but we can predict that it
will reduce those judges'
ability to timely process other types of cases.
Similar challenges affect probation. Probation officers
face overwhelming caseloads that often are three times the national
standard. The nature of the cases has changed as well with more
serious felons being placed on probation and many low risk probationers
being supervised by private providers.
Probation is no longer reserved for first time offenders.
Many probationers have been convicted of multiple felonies.
Simply put, state probation officers end up with the more difficult
and more dangerous cases. The officers perform their jobs with
a remarkable degree of success.
RESPONSES TO THE CHALLENGES
Overall we are committed to improving the service
we give to the public. 1999 is The Year of Customer Service
in the judicial branch. We won't
give frequent filer discounts and we don't
necessarily want repeat customers, especially in probation. But
we'll
try to serve the public better through improved telephone service
and courthouse signs and more efficient, courteous personal contact.
Through its Outreach program, the seven Supreme Court
justices will visit all 22 judicial districts and the Court of
Appeals, meeting with judges, court staff, probation staff, attorneys
and members of the public. This will give us first hand knowledge
of local issues, strengths and weaknesses.
Another way we reach out to the public is by encouraging
our judges to participate in the community. Examples: Chief
Judge Buss of Grand Junction periodically entertains juvenile
offenders in detention facilities by singing and playing the harmonica
for them to let them know they are not forgotten. Judge Polidori
of Jefferson County founded a tandem bicycle program pairing sighted
riders with people who are vision impaired. The Supreme Court
and Court of Appeals continue their Courts in the Community
program, bringing oral arguments in real cases to high school
students throughout the state. We meet with the students after
hearing the cases, often over lunch. We answer their questions
and explain how the judiciary resolves disputes.
These contacts with the public are important if we
are to develop the new ideas and new approaches necessary to turn
these challenges into opportunities. We can resolve more cases
and get better results by changing our old ways of doing business.
Examples: Drug court, a high volume court pioneered in
Denver District Court, emphasizes drug treatment and personal
responsibility with swift consequences for bad behavior. Another
adult drug court is in Fremont County District Court with juvenile
drug courts in Denver Juvenile and Larimer County District Court.
Domestic case managers employed by district courts such
as Boulder help individuals with the difficult process of divorce.
They inform the parties about community resources available to
parents and children. They make sure that these cases are handled
appropriately and expeditiously. In particular, the case managers
ensure that children's
interests are protected, and they help with the paperwork as necessary.
With your support, we hope to expand case managers to ten other
district courts.
Mediation and other alternative methods are used
throughout the state to resolve disputes without trials. Four
courts are multi-door courthouses offering a variety of techniques.
Specially trained judges use mediation in dependency and neglect
actions in the 4th (El Paso and Teller) judicial district.
In Lamar, Chief Judge Arends and his staff have been trained
in mediation techniques and are able to resolve child custody
disputes without litigation. Senior (i.e., retired) judges have
been trained as mediators and operate successfully as settlement
judges in many parts of the state.
New ideas and new approaches will work only if we
hold ourselves to high standards and identify where we fall short.
A good example is our "court
improvement project"
for abused and neglected children. Our studies showed that we
were taking too long to make decisions regarding permanent homes
for these children - children often waited for years to find out
whether they would return to their families or be free for adoption.
Since the inception of the court improvement project, we have
seen these timeframes shrink. For example, the original 1995
study showed that 70 percent of abused and neglected children
in Mesa County waited in excess of 18 months for a hearing regarding
their permanent home. Recent numbers indicate that the Mesa district
court now reaches this critical hearing for 100 percent of the
children within 18 months. 67 percent reach this stage within
one year.
We know that we must streamline and improve judicial
services at the points most affecting the public. Jury service
is the court function that affects the largest number of people.
For the last three years, Justice Kourlis has chaired a jury
reform effort that has made significant improvements in this most
American of institutions. Jurors are given more relevant information
upfront. They are allowed to take notes and may ask questions
through the judge. All are common sense changes and make trials
function better.
Next to jury service, traffic cases involve the largest
numbers of people. First Appearance Centers are being
tested in four county courts (El Paso, Larimer, Douglas and Park)
to expedite the resolution of traffic offenses. A form of "one
stop shopping,"
it allows individuals who wish to contest traffic tickets to finish
the process in one visit to the courthouse lasting about one hour.
Under traditional methods, the same result would take two or
three court visits and six or more hours of time.
These centers are only part of a larger effort in
which the district attorneys are key players. In many courts,
the back of a traffic ticket is now an offer of a plea bargain.
A reduced fine and points are offered, and the driver can accept
by mail within a certain period of time. No court visit is required.
We're
also looking at new ideas in the context of criminal law. Restorative
justice is a concept that attempts to address the harm done by
crimes. Those most affected by crimes, of course, are the victims
who suffer the physical injury or property damage. But there
are many secondary victims as well, including the victim's
family, friends, neighbors, and the greater community. Restorative
justice is not a substitute for punishment of the offender. Rather,
it focuses on redressing the harm caused by the crime, repairing
the tear in the fabric of society.
Probation has been working with restorative justice
for several years. It has been used successfully with juvenile
offenders who are on probation for committing property crimes.
With the victim's
consent, victim and offender are brought together to discuss the
crime and an appropriate remedy. This use of restorative justice
brings closure or resolution to the crime that is far more satisfying
to the victim than traditional sentencing standing alone.
Bricks and mortar also are part of the solution to
the challenges facing us. Counties have responded to growing
caseloads and overcrowded antiquated courthouses with new buildings.
Under our law, counties build local courthouses and the state
buys the courthouse furnishings. Adams, Douglas and Montrose
counties opened new courthouses in 1998. Two new Larimer County
courthouses in Fort Collins and Loveland and one new courthouse
in Fremont County will be underway in 1999. New buildings can
be designed to solve problems such as security at the entrances
and the segregation of persons in custody from the public. I
am asking that all new courthouses include children's
waiting rooms. Children should not be exposed to what so many
of them hear and see every day in courtrooms and courthouse corridors.
We have recognized the need for victims'
waiting areas and should extend the idea to children.
An increase in qualified language interpreters (and
funding to pay them) is quickly moving up our priority list.
We are not confident that all our court users understand the process
or what is happening to them. Competent language translation
can help to ensure they are treated fairly. As a mandated cost,
this is an area where the legislature can make a significant difference.
With strong legislative support, we have invested
heavily in electronic technology over the past ten years. We
now have a statewide case management and financial data system.
Electronic research is available to judges statewide. We've
been able to improve our collections and better serve the public.
We are continuing to assess how technological advances can better
serve the public by experimenting with electronic filing of documents
in the Arapahoe District Court.
More judges, court staff and probation staff are
part of the answer. You created two new district judgeships in
1998 for the 18th (Arapahoe, Douglas and Elbert) district
and the 4th (El Paso and Teller). In 1999, we're
asking for one new district judgeship in the 1st (Jefferson
and Gilpin) district and two county judgeships in Larimer and
Boulder. We're
also asking for more court and probation staff.
For the past 30 years, Colorado has used a merit-based
method for selecting its judges. The result is one of the best
judiciaries in the country. We seek a pay raise for judges to
bring their salaries from 39th in the nation to the
national average for state judges. The pay raise is a matter
of fairness, given the high demands we in Colorado place on our
judges. It is necessary in order to attract and retain the most
qualified individuals to serve as our state judges. Finally,
we ask for you to continue the judicial performance commissions,
which were created ten years ago. Fair, objective assessment
of judges is vital to an informed electorate.
CONCLUSION
I hope that I have given you a brief picture of the workings of the judicial branch and its many talented people. You are welcome to visit our courts and probation offices at any time. My door is open to you. Please call or stop by.
_________
On motion of Senator Blickensderfer, the Joint Session was dissolved.
_______________
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk