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

One hundred-twelfth Legislative Day Tuesday, April 28, 1998

Prayer by Pastor Brad Strait, South Presbyterian Church, Littleton.

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

The roll was called with the following result:

Present--64.

Absent and excused--Representative Owen--1.

The Speaker declared a quorum present.

_______________

On motion of Representative Schauer, the reading of the journal of April 27, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

EDUCATION

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

SB98-181 be postponed indefinitely.

SB98-183 be referred to the Committee on Appropriations with favorable recommendation.


HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

SJR98-24 be postponed indefinitely.

LOCAL GOVERNMENT

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

SB98-184 be postponed indefinitely.

______________

MEMORANDUM

REPORT FROM THE HOUSE AND SENATE

COMMITTEES ON DELAYED BILLS

Pursuant to Joint Rule 23, the House and Senate Committees on Delayed Bills, acting jointly extend the following deadline for House Bill 98-1234, Concerning the Financing of Public Schools and Making an Appropriation in Connection Therewith:

The April 17 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, is extended until May 1, 1998.

(signed)

Charles E. Berry Tom Norton

Norma Anderson Jeffrey M. Wells

Carol Snyder Mike Feeley

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on SB98-49

This Report Amends the 2nd Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB 98­49, concerning a prohibition on the imposition by governmental entities of charges upon access to the internet, has met and reports that it has agreed upon the following:

That the Senate accede to the House amendments made to the bill, as said amendments appear in the 2nd rerevised bill, with the following changes:

Amend 2nd rerevised bill, page 2, line 20, strike "the issue of" and substitute "issues involving electronic commerce, including".

Page 3, strike lines 1 through 9, and substitute the following:

"24­79­102.  Limitation on sources of revenue. (1)  FROM MAY 1, 1998, TO AND INCLUDING APRIL 30, 2001, THERE SHALL BE A TEMPORARY MORATORIUM DURING WHICH THE STATE SHALL NOT IMPOSE, ASSESS, OR COLLECT ANY TAX, REGULATION, FEE, OR CHARGE UPON:

(a)  THE DIRECT CHARGES FOR PROVISION OF INTERNET ACCESS SERVICES; OR

(b)  ANY PROVIDER OF INTERNET ACCESS SERVICES AS A MEANS OF COLLECTING SALES OR USE TAXES FROM PERSONS WHO PURCHASE TAXABLE PROPERTY OR SERVICES THROUGH USE OF THE INTERNET UNLESS SUCH PROVIDER ACTS AS A VENDOR OF TAXABLE PROPERTY OR SERVICES.";

line 10, strike "(3)" and substitute "(2)";

strike line 16;

line 21, strike "Exemption from" and substitute "Moratorium on";

strike line 22 and substitute the following:

"and on­line services. (1) (a)  FROM MAY 1, 1998, TO AND INCLUDING APRIL 30, 2001, THERE SHALL BE A TEMPORARY MORATORIUM DURING WHICH NO STATUTORY OR HOME RULE CITY";

line 25, strike "IMPOSE" and substitute "IMPOSE, ASSESS, OR COLLECT".

Page 4, after line 1, insert the following:

"(b)  PARAGRAPH (a) OF THIS SUBSECTION (1) SHALL NOT APPLY TO TAXES ON INTERNET ACCESS SERVICES ACTUALLY COLLECTED AND ENFORCED BY A HOME RULE CITY ON OR BEFORE APRIL 15, 1998.".

Reletter succeeding paragraph accordingly.

Page 4, line 8, strike "NO" and substitute "FROM MAY 1, 1998, TO AND INCLUDING APRIL 30, 2001, THERE SHALL BE A TEMPORARY MORATORIUM DURING WHICH NO";

strike line 19;

line 22, strike "refunds ­ repeal." and substitute "refunds.";

line 25, strike "(A)  INTERNET" and substitute "FROM MAY 1, 1998, TO AND INCLUDING APRIL 30, 2001, INTERNET";

strike line 26 and substitute "24­79­102 (2), C.R.S.".

Page 5, strike lines 1 and 2;

line 5, strike "Exemptions ­ repeal." and substitute "Exemptions.";

line 8, strike "(I)  TO" and substitute "FROM MAY 1, 1998, TO AND INCLUDING APRIL 30, 2001, TO";

line 9, strike "24­79­101 (3)," and substitute "24­79­102 (2),";

strike line 10.

Respectfully submitted,

Senate Committee: House Committee:

William Schroeder Ronny May

Ben Alexander Brad Young

Rob Hernandez Bob Hagedorn

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on SB98-133

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB 98­133, concerning contributions to candidate committees, and, in connection therewith, specifying that a candidate committee may accept contributions prior to the filing of a candidate affidavit and authorizing certain additional uses of unexpended campaign contributions, has met and reports that it has agreed upon the following:

That the Senate accede to the House amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 4, after line 4, insert the following:

"(II)  POLITICAL ISSUE EDUCATION, WHICH INCLUDES OBTAINING

INFORMATION FROM OR PROVIDING INFORMATION TO THE ELECTORATE;".

Renumber succeeding subparagraphs accordingly.

Respectfully submitted,

Senate Committee: House Committee:

Dottie Wham Jeanne Faatz

Ray Powers William Kaufman

Frank Weddig Carol Snyder

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB98-1009 and 1394.

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB98-191, and 195;

SB98- 179, amended as printed in Senate Journal, April 24, pages 963-964;

SB98- 189, amended as printed in Senate Journal, April 24, page 965;

HB98- 1037, amended as printed in Senate Journal, April 24, page 966;

HB98- 1058, amended as printed in Senate Journal, April 24, page 966;

HB98- 1242, amended as printed in Senate Journal, April 24, page 965;

HB98- 1321, amended as printed in Senate Journal, April 24, page 966;

HB98- 1369, amended as printed in Senate Journal, April 24, page 966.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB98-191 and SB98-195; and, without comment, as amended, SB98-179, SB98-189, HB98-1037, HB98-1058, HB98-1242, HB98-1321, and 1369.

_______________

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.

SB98-165 by Senators Reeves, Hernandez, Hopper, et al; also Representative Adkins--Concerning pilot sites for performance contracting in child welfare, and making an appropriation therefor.

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 64 NO 0 EXCUSED 1 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 Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen E

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith 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, Reeser, S.Williams.

SB98-188 by Senators Wham, B. Alexander, J. Johnson, and Phillips; also Representatives Anderson, K. Alexander, G. Berry, Hefley, S. Johnson, Spradley, and Swenson--Concerning the Colorado horse development authority, and, in connection therewith, allowing for the imposition of an assessment on horse brand inspections.

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 43 NO 21 EXCUSED 1 ABSENT 0

Adkins Y

Agler N

Alexander Y

Allen NAnderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean N

Dyer Y

Entz Y

Epps N

Faatz N

George Y


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 Y

Miller Y

Morrison N

Musgrave N

Nichol Y

Owen E

Pankey N

Paschall N

Pfiffner N

Reeser Y

Romero Y

Salaz N

Saliman Y

Schauer Y

Sinclair N

Smith N


Snyder Y

Spradley Y

Sullivant N

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker N

Tupa N

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young N

Zimmerman Y

Mr. Speaker N

Co-sponsor added: Representative George.

HB98-1414 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning the preparation of financial statements of state government as they relate to the constitutional limitation on state fiscal year spending.

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 2 EXCUSED 1 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 N

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen E

Pankey Y

Paschall Y

Pfiffner N

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 Y

SB98-053 by Senator Dennis; also Representative Entz--Concerning authorization of special districts to provide services relating to waste disposal.

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 3 EXCUSED 1 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 Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen E

Pankey Y

Paschall N

Pfiffner N

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 Y

Co-sponsor added: Representative George.

SB98-030 by Senator Thiebaut; also Representative Swenson--Concerning high-occupancy vehicle lanes.

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 64 NO 0 EXCUSED 1 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 Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen E

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith 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 Gotlieb, Udall, S.Williams, Young.

________________

On motion of Representative McPherson, 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.)

SB98-010 by Senator Ament; also Representative George--Concerning water quality control permit fees, and, in connection therewith, increasing fees for point source discharges, storm water discharges, and industrial pretreatment and making an appropriation.

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

SB98-020 by Senator Congrove; also Representative Tucker--Concerning the peace officer standards and training board.

Amendment No. 1, Judiciary Report, dated April 21, 1998, and placed in member's bill file; Report also printed in House Journal, April 22, pages 1428-1429.

Amendment No. 2, by Representative Tucker.

Amend the Judiciary Committee Report, dated April 21, 1998, page 1,

line 5, change the period to a semicolon;

strike lines 6 through 16, and substitute the following:

"strike lines 20 and 21.

Strike page 3.".

Page 2 of the committee report, strike lines 1 through 7;

after line 8, insert the following:

"Renumber succeeding sections accordingly.".

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

SB98-154 by Senator Linkhart; also Representative K. Alexander--Concerning a credit against the state income tax for contributions to promote child care in the state.

Amendment No. 1, Finance Report, dated April 22, 1998, and placed in member's bill file; Report also printed in House Journal, April 23, page 1436.

Amendment No. 1, by Representative Alexander.

Amend reengrossed bill, page 2, line 5, strike "BUT SHALL NOT BE LIMITED TO";

strike line 8 and substitute the following:

"ESTABLISHMENT OR OPERATION OF A CHILD CARE FACILITY OR PROGRAM IN THE STATE;".

Page 3, after line 5, insert the following:

"(5)  IF THE AMOUNT OF THE CREDIT ALLOWED PURSUANT TO THE PROVISIONS OF THIS SECTION EXCEEDS THE AMOUNT OF INCOME TAXES OTHERWISE DUE ON THE TAXPAYER'S INCOME IN THE INCOME TAX YEAR FOR WHICH THE CREDIT IS BEING CLAIMED, THE AMOUNT OF THE CREDIT NOT USED AS AN OFFSET AGAINST INCOME TAXES IN SAID INCOME TAX YEAR MAY BE CARRIED FORWARD AND USED AS A CREDIT AGAINST SUBSEQUENT YEARS' INCOME TAX LIABILITY FOR A PERIOD NOT TO EXCEED FIVE YEARS AND SHALL BE APPLIED FIRST TO THE EARLIEST INCOME TAX YEARS POSSIBLE. ANY CREDIT REMAINING AFTER SAID PERIOD SHALL NOT BE REFUNDED OR CREDITED TO THE TAXPAYER.".

Page 4, strike lines 3 and 4 and substitute the following:

"(b)  NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, NOTHING IN THIS SUBSECTION (2) SHALL BE CONSTRUED TO LIMIT THE ABILITY OF A TAXPAYER TO CLAIM A CREDIT UNDER THIS SUBSECTION (2) FOR CONTRIBUTIONS MADE ON OR AFTER JULY 1, 1999, PURSUANT TO THE TERMS OF AN AGREEMENT ENTERED INTO PRIOR TO SUCH DATE BETWEEN THE TAXPAYER AND AN ENTERPRISE ZONE ADMINISTRATOR.".

Amendment No. 3, by Representative Saliman.

Amend reengrossed bill, page 2, after line 25, insert the following:

"(4)  WHEN A CONTRIBUTION FOR WHICH A CREDIT IS CLAIMED PURSUANT TO THIS SECTION IS MADE TO A FOR­PROFIT BUSINESS, SUCH CONTRIBUTION SHALL BE DIRECTLY INVESTED BY THE BUSINESS FOR THE ACQUISITION OR IMPROVEMENT OF FACILITIES, EQUIPMENT, OR SERVICES, INCLUDING THE IMPROVEMENT OF STAFF SALARIES, STAFF TRAINING, OR THE QUALITY OF CHILD CARE.".

Renumber succeeding subsections accordingly.

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

SB98-021 by Senator Hernandez; also Representative Mace--Concerning increasing the length of sentence for persons who commit vehicular homicide while in immediate flight from commission of another felony.

Amendment No. 1, Judiciary Report, dated April 21, 1998, and placed in member's bill file; Report also printed in House Journal, April 22, pages 1429-1430.

Amendment No. 2, Appropriations Report, dated April 24, 1998, and placed in member's bill file; Report also printed in House Journal, April 24, pages 1504-1505.

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

SB98-079 by Senator Pascoe; also Representative Lawrence--Concerning parity for long-term care services in medicaid.

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

SB98-139 by Senator Wells; also Representative Adkins--Concerning support obligations, and making an appropriation in connection therewith.

Amendment No. 1, Judiciary Report, dated April 21, 1998, and placed in member's bill file; Report also printed in House Journal, April 22, pages 1431-1433.

Amendment No. 2, Appropriations Report, dated April 24, 1998, and placed in member's bill file; Report also printed in House Journal, April 24, page 1505.

Amendment No. 3, by Representative Adkins.

Amend the Judiciary Committee Report, dated April 21, 1998, page 1, strike lines 1 and 2 and substitute the following:

"Amend reengrossed bill, page 8, line 4, after "or", insert "child";

strike lines 6 and 7, and substitute the following:";

line 3 of the committee report, strike "maintenance or" and substitute "maintenance or CHILD".

Page 2 of the committee report, line 30, strike "OCTOBER 1, 1999."." and substitute "OCTOBER 1, 1999.";";

after line 30 of the committee report, insert the following:

"line 18, after "SUPPORT,", insert "CHILD SUPPORT WHEN COMBINED WITH MAINTENANCE,";

line 19, after "DEBT", insert "TO BE PAID THROUGH A REGISTRY".".

Page 3 of the committee report, strike line 3 and substitute the following:

"strike lines 5 through 14 and substitute the following:

"(I) Any obligor who is obligated to make payments for child support, child support when combined with maintenance, child support arrears, or child support debt under a court order or administrative order in a IV­D case where the order does not already specify paying through the family support registry; IN NON­IV­D CASES IN WHICH THERE IS AN ORDER TO MAKE THE PAYMENTS THROUGH A REGISTRY, ANY OBLIGOR WHO IS OBLIGATED TO PAY CHILD SUPPORT OR CHILD SUPPORT WHEN COMBINED WITH MAINTENANCE WHERE THE ORDER DOES NOT ALREADY SPECIFY PAYING THROUGH THE FAMILY SUPPORT REGISTRY;".";

after line 3 of the committee report, insert the following:

"Page 18, line 16, strike "(I.5),";

strike line 4 of the committee report and substitute the following :

"Page 19, line 2, strike "registry" and substitute "registry, IF THE SUPPORT ORDER REQUIRES PAYMENTS TO BE MADE THROUGH THE FAMILY SUPPORT REGISTRY,";

strike lines 6 through 11;".

Amendment No. 4, by Representative Sullivant.

Amend reengrossed bill, page 27, line 25, strike "(7) (d.5) (I)," and substitute "(3) (a), (7) (d.5) (I),";

line 26, strike "is" and substitute "are".

Page 28, after "obligations.", insert the following:

"(3) (a)  In any action to establish or modify child support, whether temporary or permanent, the child support guideline as set forth in this section shall be used as a rebuttable presumption for the establishment or modification of the amount of child support. Courts may deviate from the guideline where its application would be inequitable, unjust, or inappropriate. Any such deviation shall be accompanied by written or oral findings by the court specifying the reasons for the deviation and the presumed amount under the guidelines without a deviation. These reasons may include, but are not limited to, the extraordinary medical expenses incurred for treatment of either parent or a current spouse, EXTRAORDINARY COSTS ASSOCIATED WITH PARENTING TIME, the gross disparity in income between the parents, the ownership by a parent of a substantial nonincome producing asset, consistent overtime not considered in gross income under sub­subparagraph(C) of subparagraph (I) of paragraph (a) of subsection (7) of this section, or income from employment that is in addition to a full­time job or that results in the employment of the obligor more than forty hours per week or more than what would otherwise be considered to be full­time employment. The existence of a factor enumerated in this section does not require the court to deviate from the guidelines, but is a factor to be considered in the decision to deviate. The court may deviate from the guidelines even if no factor enumerated in this section exists.";

Amendment No. 5, by Representative Sullivant.

Amend reengrossed bill, page 27, line 25, after "(7) (d.5) (I)", insert "and (13) (a) (II),";

line 26, strike "is" and substitute "are".

Page 28, after line 22, insert the following:

(13)  Extraordinary adjustments to schedule. (a)  By agreement of the parties or by order of court, the following reasonable and necessary expenses incurred on behalf of the child shall be divided between the parents in proportion to their adjusted gross income:

(II)  Any expenses for transportation of the child, OR THE CHILD AND AN ACCOMPANYING PARENT IF THE CHILD IS LESS THAN TWELVE YEARS OF AGE, between the homes of the parents.".

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

SB98-152 by Senator Wattenberg; also Representative George--Concerning an evaluation of the regulatory structure of the retail electric industry in the state of Colorado, and, in connection therewith, establishing an electricity advisory panel, commissioning a study of the issues involved, and making an appropriation.

Amendment No. 1, Business Affairs and Labor Report, dated April 23, 1998, and placed in member's bill file; Report also printed in House Journal, April 23, page 1458.

Amendment No. 2, Appropriations Report, dated April 24, 1998, and placed in member's bill file; Report also printed in House Journal, April 24, pages 1505-1507.

Amendment No. 3, by Representative George.

Amend the Appropriations Committee Report, dated April 24, 1998, page 3, line 14, strike "FIXED UTILITIES CASH FUND." and substitute "FIXED UTILITY FUND.".

Amendment No. 4, by Representative George.

Amend the Appropriations Committee report, dated April 24, 1998, page 2, strike lines 15 through 21, and substitute the following:

""(5)  Funding for evaluation study. WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR OF THE COMMISSION SHALL PREPARE A BUDGET, FOR THE PANEL'S APPROVAL, ESTIMATING THE COSTS AND EXPENSES FOR MINISTERIAL SERVICES AS SET FORTH IN SECTION 40­4­113 (2) (d) (III) AND FOR EXPERT SERVICES NECESSARY TO ASSIST THE PANEL IN CONDUCTING THE EVALUATION STUDY AND PREPARING ITS REPORT. THE DIRECTOR SHALL ALSO PREPARE A WORK PLAN FOR THE PANEL'S APPROVAL, WHICH WORK PLAN SHALL INCLUDE RECOMMENDATIONS ON THE BUDGET AMOUNTS TO BE ALLOCATED TO THE VARIOUS STUDY ISSUES SET FORTH IN SUBSECTION (3) OF THIS SECTION AND THE RESOURCES AVAILABLE TO THE COMMISSION TO ADDRESS SUCH ISSUES.

(6)  Repeal. THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2000.".

Amendment No. 5, by Representative George.

Amend the Appropriations Committee report, dated April 24, 1998, page 1, line 2, strike """TWENTY­TWO";";" and substitute """TWENTY­FIVE";";";

line 4 of the Appropriations Committee Report, strike ""EIGHT";";" and substitute ""NINE";";";

strike lines 7 and 8 of the Appropriations Committee Report, and substitute the following:

"strike lines 8 and 9 of the Business Affairs and Labor Committee Report, and substitute the following:

"(G)  ONE REPRESENTATIVE OF ENVIRONMENTAL INTEREST ORGANIZATIONS THAT ARE ACTIVELY INVOLVED IN ELECTRIC UTILITY MATTERS; AND";";

line 11 of the Appropriations Committee Report, strike "SOURCES;";";" and substitute the following:

"SOURCES; AND

(I)  ONE REPRESENTATIVE OF AGRICULTURAL IRRIGATORS;";";";

line 13 of the Appropriations Committee Report, strike ""SEVEN";";" and substitute ""EIGHT";";".

Page 2 of the Appropriations Committee Report, line 1, strike "AND";

line 4, strike "ELECTRICITY;";";" and substitute the following:

"ELECTRICITY; AND

(H)  ONE REPRESENTATIVE OF A COUNTY IN WHICH THERE IS BOTH AN ELECTRIC GENERATING FACILITY EMPLOYING AT LEAST TWENTY PERSONS AND ONE OR MORE BUSINESS CONCERNS THAT MINE OR PRODUCE COAL OR NATURAL GAS FOR SALE TO COLORADO ELECTRIC UTILITIES FOR EVENTUAL USE IN THE GENERATION OF ELECTRICITY;";";";

line 6 of the Appropriations Committee Report, strike ""SEVEN";"." and substitute ""EIGHT";";";

strike line 8 of the Appropriations Committee Report and substitute the following:

"strike lines 3 and 4 of the Business Affairs and Labor Committee report, and substitute the following:

"strike lines 2 through 4 of the reengrossed bill, and substitute the following:

"(E)  ONE REPRESENTATIVE OF SMALL BUSINESS CONSUMERS WHO EMPLOY LESS THAN FIFTY PERSONS;

(F)  ONE REPRESENTATIVE OF AN INDUSTRIAL CONSUMER; AND";

line 9, strike "AND";

line 12, strike "ELECTRICITY;";" and substitute the following:

"ELECTRICITY; AND

(H)  ONE REPRESENTATIVE OF RESIDENTIAL CONSUMERS IN A COUNTY WITH A POPULATION OF LESS THAN THIRTY THOUSAND.";".

Amendment No. 6, by Representative George.

Amend the Business Affairs and Labor Committee report, dated April 23, 1998, page 1, line 2, strike "ADVANTAGES/DISADVANTAGES" and substitute "ADVANTAGES AND DISADVANTAGES", and after "EXISTING", insert "AND".

Amendment No. 7, by Representative George.

Amend reengrossed bill, page 3, line 12, after "(c)", insert "(I)";

line 18, strike "ELEVEN" and substitute "FIFTEEN";

after line 22, insert the following:

"(II)  THE PANEL'S FINAL REPORT SHALL CONTAIN THE PANEL'S RECOMMENDATIONS ON ALL ISSUES ON WHICH TWO­THIRDS OR MORE OF THE MEMBERS OF THE PANEL AGREE. IN ADDITION, A MINORITY REPORT ON ANY OF SUCH ISSUES SHALL BE INCLUDED AT THE REQUEST OF ONE OR MORE OF THE DISSENTING MEMBERS.".

Amendment No. 8, by Representative Schauer.

Amend reengrossed bill, page 8, line 26, strike "GOVERNMENT," and substitute "GOVERNMENT THAT DOES NOT OWN OR OPERATE AN ELECTRIC".

Page 9, strike line 1.

Amendment No. 9, by Representative Schauer.

Amend reengrossed bill, page 4, line 14, after the period, add "NO EXPERT OR CONSULTING SERVICES FROM PRIVATE PARTIES SHALL BE FUNDED FROM THE RETAIL ELECTRICITY POLICY DEVELOPMENT FUND, CREATED IN SECTION 40­14­114, UNLESS THE EXPERT OR CONSULTANT IS APPROVED BY AT LEAST TWO­THIRDS OF THE MEMBERS OF THE PANEL.".

Amendment No. 10, by Representative Schauer.

Amend reengrossed bill, page 5, line 20, strike "THE REPORT SHALL STATE" and substitute "THE REPORT SHALL PRESENT THE ALTERNATIVE PERSPECTIVES OF THE PANEL MEMBERS AS TO";

strike lines 23 through 26 and substitute the following:

"AS A WHOLE. THE REPORT SHALL ADDRESS THE MANNER IN WHICH RESTRUCTURING SHOULD BE IMPLEMENTED, INCLUDING THE TIMING OF IMPLEMENTATION, IF THE GENERAL ASSEMBLY DECIDES TO GO FORWARD WITH IMPLEMENTATION OF ELECTRIC INDUSTRY RESTRUCTURING.".

Page 6, strike lines 1 and 2.

Page 7, strike lines 19 through 21 and substitute the following:

"(3.5)  THE PANEL REPORT SHALL FAIRLY REPRESENT THE VIEWS OF ALL PANEL MEMBERS. THE PANEL SHALL INCLUDE IN ITS".

Amendment No. 11, by Representative Schauer.

Amend reengrossed bill, page 7, line 18, change the period to a semicolon;

after line 18, insert the following:

"(j)  AN ASSESSMENT OF THE IMPACT ON COMPETITION, INCLUDING ANY COMPETITIVE ADVANTAGE AFFORDED TO ANY PROVIDER OF ELECTRICITY, INCLUDING INVESTOR­OWNED UTILITIES, COOPERATIVELY OWNED UTILITIES, MUNICIPALLY OWNED UTILITIES, AND INDEPENDENT POWER PRODUCERS, PROVIDED BY ANY FEDERAL, STATE, OR LOCAL LAWS. ISSUES TO BE ASSESSED SHALL INCLUDE, BUT NOT BE LIMITED TO, DIFFERING TREATMENT UNDER TAX LAW, PREFERENTIAL ACCESS TO FEDERAL ELECTRICITY, ACCESS TO LOWER THAN MARKET RATE CAPITAL, AND PREFERENTIAL SALES.".

Amendment No. 12, by Representative Reeser.

Amend reengrossed bill, page 8, after line 15, insert the following:

"(A)  ONE MEMBER AT LARGE, NOT AFFILIATED WITH ANY OF THE GROUPS REPRESENTED BY OTHER MEMBERS OF THE PANEL;".

Reletter succeeding sub­subparagraphs accordingly.

Page 9, after line 4, insert the following:

"(A)  ONE MEMBER AT LARGE, NOT AFFILIATED WITH ANY OF THE GROUPS REPRESENTED BY OTHER MEMBERS OF THE PANEL;".

Reletter succeeding sub­subparagraphs accordingly.

Page 9, after line 16, insert the following:

"(A)  ONE MEMBER AT LARGE, NOT AFFILIATED WITH ANY OF THE GROUPS REPRESENTED BY OTHER MEMBERS OF THE PANEL;".

Reletter succeeding sub­subparagraphs accordingly.

Amendment No. 13, by Representative Paschall.

Amend reengrossed bill, page 6, line 5, after "RATES", insert "AND COSTS OF GENERATION, TRANSMISSION, AND DISTRIBUTION";

line 6, strike "RATES" and substitute "EQUIVALENT RATES AND COSTS".

Amendment No. 14, by Representative Paschall.

Amend reengrossed bill, page 7, strike line 6 and substitute the following:

"UTILITIES, INCLUDING WHETHER OR NOT REGULATORY EXPECTATIONS SHOULD TRANSLATE INTO RECOVERABLE EXPENSES AS A RESULT OF THE INCURRENCE OF STRANDED COSTS.".

Amendment No. 15, by Representative Young.

Amend reengrossed bill, page 8, before line 16, insert the following:

"(A)  ONE REPRESENTATIVE OF A JOINT ACTION AGENCY THAT FURNISHES WHOLESALE ELECTRIC POWER TO ITS MEMBERS.".

Reletter succeeding sub-subparagraphs accordingly.

Amendment No. 16, by Representatives George and Entz.

Amend reengrossed bill, page 8, before line 16, insert the following:

"(A)   ONE REPRESENTATIVE OF EMPLOYEES OF A DISTRIBUTION UTILITY;".

Reletter succeeding sub­subparagraphs accordingly.

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

SB98-158 by Senators Phillips, Bishop, Matsunaka, and Rupert; also Representative Tool--Concerning a change in state income tax policy pertaining to expenses related to child care, and making an appropriation in connection therewith.

Amendment No. 1, Appropriations Report, dated April 24, 1998, and placed in member's bill file; Report also printed in House Journal, April 24, page 1507.

Amendment No. 2, by Representative Tool.

Amend reengrossed bill, page 1, line 102, strike "CARE, AND MAKING AN" and substitute "CARE.";

strike line 103.

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

SB98-167 by Senator Feeley; also Representative Snyder--Concerning the creation of a statewide gulf war syndrome registry.

Amendment No. 1, Appropriations Report, dated April 24, 1998, and placed in member's bill file; Report also printed in House Journal, April 24, pages 1507-1508.

Amendment No. 2, by Representative Dean.

Amend reengrossed bill, page 3, line 20, after "1990,", insert "BUT PRIOR TO DECEMBER 31, 1991,".

Amendment No. 3, by Representative Dean.

Amend reengrossed bill, page 3, strike line 26 and substitute the following:

"LOCATIONS.".

Page 4, strike line 1.

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

SB98-177 by Senators Lacy, Rizzuto, and Blickensderfer; also Representatives Grampsas, Owen, and Romero--Concerning the administration by the public utilities commission of mechanisms for the support of universal telephone service in high cost areas.

Amendment No. 1, Business Affairs and Labor Report, dated April 21, 1998, and placed in member's bill file; Report also printed in House Journal, April 22, pages 1415.

Amendment No. 2, Appropriations Report, dated April 24, 1998, and placed in member's bill file; Report also printed in House Journal, April 24, pages 1508-1509.

Amendment No. 3, by Representatives Spradley and Gordon.

Amend reengrossed bill, page 4, line 9, strike "AND";

line 14, strike "YEAR." and substitute "YEAR; AND";

after line 14, insert the following:

"(X) THE TOTAL AMOUNT OF DISTRIBUTIONS FROM THE HIGH COST FUND AND HOW THEY ARE BALANCED BY RATE REDUCTIONS BY ALL PROVIDERS FOR THE SAME PERIOD AND A FULL ACCOUNTING OF AND JUSTIFICATION FOR ANY DIFFERENCE.".

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

SB98-180 by Senator Schroeder; also Representative Adkins--Concerning continued implementation of the Colorado integrated criminal justice information system, and making an appropriation therefor.

Amendment No. 1, Appropriations Report, dated April 24, 1998, and placed in member's bill file; Report also printed in House Journal, April 24, page 1509.

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

SB98-004 by Senators Norton, Chlouber, and Mutzebaugh; also Representatives G. Berry and Paschall--Concerning the application of state air quality standards to activities taking place on public property within the state.

Amendment No. 1, State, Veterans, and Military Affairs Report, dated April 23, 1998, and placed in member's bill file; Report also printed in House Journal, April 24, page 1458.

Amendment No. 2, Finance Report, dated April 24, 1998, and placed in member's bill file; Report also printed in House Journal, April 24, page 1510.

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

On motion of Representative Anderson, the remainder of the General Orders Calendar (SB98-185) was laid over until April 29, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: SB98-10, 20 amended, 154 amended, 21 amended, 79, 139 amended, 152 amended, 158 amended, 167 amended, 177 amended, 180 amended, 4 amended.

Laid over until date indicated retaining place on Calendar:

SB98-185--April 29, 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 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 Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen E

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith 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

______________

CONSIDERATION OF CONFERENCE COMMITTEE REPORT

SB98-036 by Senator Wham; also Representative Epps--Concerning a requirement for licensure of physicians lawfully practicing medicine in another jurisdiction who perform acts constituting the practice of medicine on persons physically present in Colorado at the time such acts are performed.

(Conference Committee Report printed in House Journal, April 24, pages 1510-1511.)

The Conference Committee Report was adopted by the following roll call vote:

YES 57 NO 6 EXCUSED 2 ABSENT 0

Adkins Y

Agler N

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 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 N


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen E

Pankey Y

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 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

The question being "Shall the bill, as amended, 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, as amended, was declared repassed.

YES 51 NO 11 EXCUSED 2 ABSENT 1

Adkins N

Agler N

Alexander Y

Allen ­

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz YEpps Y

Faatz N

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May N

McElhany N


McPherson Y

Miller Y

Morrison Y

Musgrave N

Nichol Y

Owen E

Pankey Y

Paschall N

Pfiffner N

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer N

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker N

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker E

________________

RECONSIDERATION AND RECALL OF HB98-1335

HB98-1335 by Representative Grampsas; also Senator Hopper--Concerning the creation of the Colorado intermountain fixed guideway authority.

Representative Anderson moved to suspend Rule 35(a) for reconsideration of the last House action (repassage) of HB98-1335 and requested recall of the bill. The motion was passed with unanimous consent.

Representative Anderson moved for reconsideration of repassage of HB98­1335. As shown by the following recorded vote, a two thirds majority of those elected voted in the affirmative the motion 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 Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen E

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith 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

Representative Anderson moved for reconsideration of House concurrence in Senate amendments to HB98-1335. As shown by the following recorded vote, a two thirds majority of those elected voted in the affirmative the motion was declared passed:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander YAllen 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 Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen E

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith 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

Representative Anderson moved that the House not concur in Senate amendments and that a Conference Committee be appointed with permission to go beyond the scope of the difference between the House and the Senate. The motion was declared passed by the following roll call vote:

YES 62 NO 1 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen E

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa N

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker E

HB98-1335 was recalled from the Governor.

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB98-1016 and 1293; SB98-13, 14, 54, 111; SJR 98-14, 18, 22.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

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

SB98- 194, amended as printed in Senate Journal, April 27, pages 982-985, and on Third Reading as printed in Senate Journal, April 28;

HB98-1072, amended as printed in Senate Journal, April 27, pages 981-982;

HB98-1272, amended as printed in Senate Journal, April 27, page 986;

HB98-1287, amended as printed in Senate Journal, April 27, page 986;

HB98-1324, amended as printed in Senate Journal, April 27, page 987, and on Third Reading as printed in Senate Journal, April 28;

HB98-1364, amended as printed in Senate Journal, April 27, page 987;

HB98-1398, amended as printed in Senate Journal, April 27, page 987.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB98-194, HB98-1072, 1272, 1287, 1324, 1364, and 1398.

______________

MESSAGE FROM THE GOVERNOR

I certify I received the following on the 28th day of April, 1998, at 11:45 a.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

April 28, 1998

The Honorable

Colorado House of Representatives

Sixty-first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I am returning to you House Bill 98-1335 per your request.

Thank you.

Sincerely,

(signed)

Roy Romer

Governor

______________

INTRODUCTION OF BILLS

First Reading

The following bills were read by title and referred to the committees indicated:

SB98-179 by Senators Dennis, Bishop, and Perlmutter; also Representative Young--Concerning enforcement of the federal "Safe Drinking Water Act" by the department of public health and environment.

Committee on Local Government.

SB98-191 by Senator Dennis; also Representatives Entz and Salaz--Concerning the acquisition of property by the division of wildlife in Las Animas county for public purposes, and making an appropriation therefor.

Committee on Agriculture, Livestock and Natural Resources.

Committee on Appropriations.

_______________

House in recess. House reconvened.

_______________

REPORT OF COMMITTEE OF REFERENCE

HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

SJR98-27 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend engrossed joint resolution, page 2, line 17, strike "municipalities" and substitute "districts";

line 18, strike "well";

strike lines 22 and 23 and substitute the following:

"(b)  Discuss the report of the Office of the State";

line 31, strike "may" and substitute "shall";

line 32, strike "consult, as may be required, with" and substitute the following:

"consult with counties, small, medium, and large businesses, motor carriers, environmental mitigation contractors, the Colorado emergency planning commission, local emergency planning commissions, and";

after line 37, insert the following:

"(4)  That it is not the intent of the general assembly for the interim committee to address the designation of hazardous material routes.";

line 38, strike "(4)" and substitute "(5)";

line 41, strike "(5)" and substitute "(6)".

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and returns herewith: HJR98-1042.

In response to the request of the House for a Conference Committee on

HB98-1171, the President appointed Senators Coffman, Chm., Arnold, and Matsunaka 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

HB98-1379, the President appointed Senators Schroeder, Chm., Powers, and Rizzuto as members of the First Conference Committee on the part of the Senate.

______________

INTRODUCTION OF BILLS

First Reading

The following bills were read by title and referred to the committees indicated:

HB98-1419 by Representative Pfiffner; also Senator J. Johnson--Concerning governmental efficiency.

Committee on State, Veterans, and Military Affairs.

SB98-189 by Senator Hopper; also Representative Lawrence--Concerning the regulation of retail food establishments, and making an appropriation in connection therewith.

Committee on Health, Environment, Welfare and Institutions.

Committee on Appropriations.

SB98-195 by Senators Ament and Dennis; also Representatives S. Johnson and Kaufman--Concerning the standing of political subdivisions with respect to federal law and actions or application of Colorado constitutional provisions to existing contracts.

Committee on Judiciary.

_______________

APPOINTMENTS TO CONFERENCE COMMITTEE

The Speaker appointed Representatives Grampsas, Chairman, George and Dyer as House conferees to the First Conference Committee on HB98­1335.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until April 29, retaining place on Calendar:

Consideration of Resolutions--HJR98-1011, 1021, 1029, 1032, 1035, 1040, SJR98-26, HJR98-1039, 1043.

Consideration of Memorials--HM98-1005, SJM98-2.

Consideration of Senate Amendments--HB98-1256, 1228, 1385, 1203.

Consideration of Governor's Vetoes--HB98-1065, 1005, 1140, 1149, 1154, 1165, 1214, 1300.

_______________

On motion of Representative Taylor, the House adjourned until 9:00 a.m., April 29, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk