Prayer by Lt. Col. Jim Moore, Chaplain,
Civil Air Patrol.
The Speaker called the House to order at 9:00
a.m.
The roll was called with the following result:
Present--56.
Absent and excused--Representatives Anderson, Dyer, Gordon, McPherson, Romero, Schauer, Udall--7.
Absent--Representatives Grossman, Tupa--2.
Present after roll call--Representatives Grossman,
Tupa.
The Speaker declared a quorum present.
_______________
On motion of Representative Gotlieb, the reading of the journal of February 4, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.
APPOINTMENTS
Due to the resignation of Representative Lamborn
and the appointment of Representative Hefley, the Speaker announced
the following committee assignments:
Committee on Appropriations--Representative G.Berry
Committee on Judiciary--Representative Hefley
Committee on House Services--Representative Kaufman
_______________
REPORTS OF COMMITTEES OF REFERENCE
AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES
After consideration on the merits, the Committee
recommends the following:
HB98-1151 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 6, strike lines 1 and 2, and substitute the following:
"this article: but
ground water management districts may by rules and regulations
further restrict issuance of small capacity permits:".
Page 7, line 6, strike "ACREFEET."
and substitute "ACREFEET, UNLESS THE WELL IS LOCATED
IN A GROUND WATER MANAGEMENT DISTRICT THAT HAS ADOPTED RULES THAT
ALLOW AN ANNUAL VOLUME IN EXCESS OF FIVE ACREFEET.".
Page 9, strike lines 2 and 3, and substitute the
following:
"OF THIS SECTION. SUCH WELL SHALL BE IN ADDITION
TO THE ONE COMMERCIAL BUSINESS WELL ALLOWED IN PARAGRAPH (c) OF
SUBSECTION (1) OF THIS SECTION. SUCH AN APPLICATION";
line 9, after the period add "PERMITS ISSUED
AFTER JANUARY 1, 1996, UP TO THE EFFECTIVE DATE OF THIS PARAGRAPH
(b) SHALL REMAIN VALID THEREAFTER ACCORDING TO THE TERMS AND CONDITIONS
OF THOSE PERMITS.".
Page 10, after line 9, insert the following:
"(7) THE BOARD OF ANY GROUND WATER
MANAGEMENT DISTRICT HAS THE AUTHORITY TO ADOPT RULES THAT FURTHER
RESTRICT THE ISSUANCE OF SMALL CAPACITY WELL PERMITS. IN ADDITION,
THE BOARD OF ANY GROUND WATER MANAGEMENT DISTRICT HAS THE AUTHORITY
TO ADOPT RULES THAT EXPAND THE ACREFOOT LIMITATIONS FOR
SMALL CAPACITY WELLS SET FORTH IN THIS SECTION. HOWEVER, IN NO
EVENT SHALL AN ANNUAL VOLUME OF MORE THAN EIGHTY ACREFEET
BE ALLOWED FOR ANY SMALL CAPACITY WELL. RULES ADOPTED BY THE BOARD
MAY BE INSTITUTED ONLY AFTER A PUBLIC HEARING. NOTICE OF SUCH
HEARING SHALL BE PUBLISHED. SUCH NOTICE SHALL STATE THE TIME AND
PLACE OF THE HEARING AND DESCRIBE, IN GENERAL TERMS, THE RULES
PROPOSED. WITHIN SIXTY DAYS AFTER SUCH HEARING THE BOARD SHALL
ANNOUNCE THE RULES ADOPTED AND SHALL CAUSE NOTICE OF SUCH ACTION
TO BE PUBLISHED. IN ADDITION, THE BOARD SHALL MAIL, WITHIN FIVE
DAYS AFTER THE ADOPTION OF THE RULES, A COPY OF THE RULES TO THE
STATE ENGINEER. ANY PARTY ADVERSELY AFFECTED OR AGGRIEVED BY SUCH
A RULE MAY, NOT LATER THAN THIRTY DAYS AFTER THE LAST DATE OF
PUBLICATION, INITIATE JUDICIAL REVIEW IN ACCORDANCE WITH THE PROVISIONS
OF SECTION 244106, C.R.S.; EXCEPT THAT VENUE FOR SUCH
JUDICIAL REVIEW SHALL BE IN THE DISTRICT COURT FOR THE COUNTY
IN WHICH THE OFFICE OF THE GROUND WATER MANAGEMENT DISTRICT IS
LOCATED.".
Page 12, line 7, after "REQUIRED" insert
"UNDER COMMISSION RULES".
Page 13, line 4, after "REQUIRED" insert
"UNDER COMMISSION RULES".
HB981189
be amended as follows, and as so amended, be referred to the Committee
on Appropriations with favorable recommendation:
Amend printed bill, page 3, strike lines 1 and 2, and substitute the following:
"Water Rights Purchase a
(j) Riverside Reservoir and $ 450,000
Land Co. Riverside Res.
Spillway Rehab. and Land
Purchase
(k) Windsor Canal and $ 925,000
Reservoir Co. Big Windsor
Reservoir Pump Station
Totals $11,822,000".
Page 6, line 4, strike "Deauathorization
of" and substitute "Decreases to".
Page 7, strike lines 8 and 9 and substitute the following:
"Rehab.
Goodhue Ditch HB 951155 $ 19,000 $ 19,000 $ 0
and Reservoir
Co. Goodhue
Ditch Rehabilitation
Totals $6,817,892 $6,817,892
$ 0";
line 13, after "including", insert "data
collection and";
strike lines 20 and 21, and substitute the following:
"and the division of water resources, the sum
of two million dollars ($2,000,000), or so much thereof as may
be necessary,".
Page 12, after line 17, insert the following:
"SECTION 12. Geohydrologic
investigation of the Denver basin aquifers appropriation.
(1) In addition to any other appropriation, there is
hereby appropriated, out of any moneys in the Colorado water conservation
board construction fund not otherwise appropriated, to the Colorado
water conservation board, the sum of ninety thousand dollars ($90,000),
or so much thereof as may be necessary, for allocation to the
Denver Museum of Natural History and the United States Geological
Survey, in cooperation with the National Science Foundation, to
drill and core a two thousand foot research well in the Denver
basin aquifers near Kiowa in the central Denver basin and to conduct
a geohydrologic analysis.
(2) The moneys appropriated in subsection
(1) of this section shall remain available for the designated
purposes until the project is completed.
SECTION 13. Paragraph
(a) of subsection (1) of Section 11 of Chapter 168, Session Laws
of Colorado 1997, is amended to read:
Section 11. Exception to law concerning
fish and wildlife resources account for the Grand Valley water
management project and native aquatic species facility.
(1) To further the goals stated in section 3760122.2
(1) (a), Colorado Revised Statutes, and not withstanding the provisions
of section 3760122.2 (1) (b), (1) (c), (2) (b), and
(2) (c), Colorado Revised Statutes, the Colorado water conservation
board is authorized to:
(a) Make a nonreimbursable grant of not
more than one million two hundred fifty thousand dollars from
the fish and wildlife resources account in the Colorado water
conservation board construction fund to the
United States fish and wildlife service
PARTICIPANTS OF THE COLORADO RIVER RECOVERY IMPLEMENTATION PROGRAM
for the Grand Valley water management project proposed by the
recovery implementation program for the endangered fish species
of the upper Colorado river basin under provisions that assure
that any unneeded or unused portion of these funds will be restored
to the fish and wildlife resources account if the recovery program
ceases to be in effect or to serve its intended purposes; and
SECTION 14. 3760121
(3), Colorado Revised Statutes, is amended to read:
3760121. Colorado water
conservation board construction fund creation of
nature of fund funds for investigations contributions
use for augmenting the general fund.
(3) Contributions of money, property, or equipment
may be received AND EXPENDED from any county, municipality, federal
agency, water conservation district, metropolitan water district,
conservancy district, water users' association, person, or corporation
for use in making investigations, contracting projects, or otherwise
carrying out the purposes of sections 3760119 to 3760122.".
Renumber succeeding section accordingly.
EDUCATION
After consideration on the merits, the Committee
recommends the following:
HB98-1252 be referred
to the Committee on Appropriations with favorable recommendation.
HB98-1276 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 2, strike lines 5 through
8;
line 9, strike "(3)" and substitute "(2)";
strike lines 11 through 13 and substitute the following:
"MAKE AVAILABLE FOR SALE INFORMATION CONCERNING
A STUDENT ONLY UPON THE EXPRESS CONSENT OF THE STUDENT. THIS SUBSECTION
(2) SHALL NOT APPLY TO "DIRECTORY INFORMATION"
AS SET";
line 15, strike "(4)" and substitute "(3)";
strike lines 23 through 26.
Page 3, strike lines 1 through 9 and substitute the
following:
"(4) NOTWITHSTANDING THE PROVISIONS OF THIS
SECTION, A STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION SHALL
NOT TRANSFER A DATABASE INCLUDING DIRECTORY INFORMATION TO ANY
THIRD PARTY FOR COMMERCIAL PURPOSES.";
after line 11, 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:
HB98-1044 be referred
to the Committee on Appropriations with favorable recommendation.
HB98-1053 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, strike line 26, and substitute
the following:
"POLICY. THIS POLICY IS LIMITED TO A SIXMONTH
DURATION WITH A MAXIMUM OF TWELVE MONTHS OF CONSECUTIVE COVERAGE
AND IS NOT GUARANTEED RENEWABLE."".
HB98-1229 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 1, strike lines 2 through
7 and substitute the following:
"SECTION 1. 26-4-676 (3), Colorado Revised
Statutes, is amended, to read:
26-4-676. Implementation of subpart contingent
upon receipt of federal waiver - repeal of subpart.
(3) This subpart 5 is repealed, effective July
1, 1998 JULY 1, 2002, unless otherwise
repealed prior to said date in accordance with subsection (2)
of this section.".
HB98-1245 be referred
to the Committee of the Whole with favorable recommendation.
JUDICIARY
After consideration on the merits, the Committee
recommends the following:
HB98-1049, 1181
be postponed indefinitely.
HB98-1207 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 7, strike "PRISONER."
and substitute "PRISONER; EXCEPT THAT "CONTRACTING
ENTITY" SHALL NOT INCLUDE THE DEPARTMENT OF CORRECTIONS
OR A COUNTY SHERIFF OF A COUNTY LOCATED WITHIN THE STATE OF COLORADO.";
line 17, strike "TRANSPORTED, THE PRISONER SHALL"
and substitute "TRANSPORTED BY A CONTRACTING ENTITY, THE
PRISONER SHALL BE SHACKLED AND CUFFED AND";
line 18, strike "BE";
line 21, after "TRANSPORTED", insert "BY
A CONTRACTING ENTITY".
Page 3, line 7, after "PRISONERS", insert
"FOR A CONTRACTING ENTITY";
line 16, strike "MAY" and substitute "SHALL".
HB981215
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 7, strike "five"
and substitute "five
ONE THOUSAND";
line 8, strike "hundred" and substitute
"hundred";
strike lines 11 through 19, and substitute the following:
"SECTION 3840102, INCLUDES BUT SHALL
NOT BE LIMITED TO THE DIFFERENCE BETWEEN THE".
Page 3, strike lines 1 through 3 and substitute the
following:
"SECTION 2. 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.".
HB98-1224 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, strike lines 22 through
26, and substitute the following:
"SECTION 3. Article 7 of title 12, Colorado
Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION
to read:
127105.5. Bail recovery services
requirements. (1) PRIOR TO
HIRING, CONTRACTING WITH, OR PAYING ANY COMPENSATION TO ANY INDIVIDUAL
OTHER THAN ANOTHER LICENSED BAIL BONDING AGENT FOR BAIL RECOVERY
SERVICES, A LICENSED BAIL BONDING AGENT SHALL:
(a) OBTAIN A SET OF FINGERPRINTS FROM
THE INDIVIDUAL AND SUBMIT SUCH FINGERPRINTS TO THE COLORADO BUREAU
OF INVESTIGATION FOR A CRIMINAL BACKGROUND CHECK TO DETERMINE
WHETHER SUCH INDIVIDUAL HAS BEEN CONVICTED OF ANY FELONY DURING
THE PREVIOUS TEN YEARS. THE COLORADO BUREAU OF INVESTIGATION MAY
ACCEPT SUCH FINGERPRINTS AND CONDUCT SUCH BACKGROUND CHECK UPON
PAYMENT OF THE BUREAU'S COSTS. THE INDIVIDUAL IS RESPONSIBLE FOR
PAYMENT OF THE COST OF THE BACKGROUND CHECK.
(b) OBTAIN A COPY OF A CERTIFICATE OF
TRAINING FROM THE INDIVIDUAL INDICATING THAT SUCH INDIVIDUAL HAS
RECEIVED TRAINING IN BAIL FUGITIVE APPREHENSION FROM A NATIONALLY
RECOGNIZED RECOVERY PROGRAM OR AN ACCREDITED INSTITUTION OF HIGHER
EDUCATION; AND
(c) OBTAIN A STATEMENT FROM THE INDIVIDUAL
ATTESTING TO THE FACT THAT SUCH INDIVIDUAL IS PROVIDING TRUE AND
COMPLETE INFORMATION TO THE BAIL BONDING AGENT.
(2) A LICENSED BAIL BONDING AGENT MAY
NOT HIRE, CONTRACT WITH, OR PAY ANY COMPENSATION TO ANY INDIVIDUAL
FOR BAIL RECOVERY SERVICES IF THE BAIL BONDING AGENT KNOWS, THROUGH
THE BACKGROUND CHECK REQUIRED BY PARAGRAPH (a) OF SUBSECTION (1)
OF THIS SECTION OR THROUGH ANY OTHER SOURCE, THAT SUCH INDIVIDUAL
HAS BEEN CONVICTED OF A FELONY DURING THE PREVIOUS TEN YEARS.
SECTION 4. 127106
(1), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
127106. Denial, suspension,
revocation, and refusal to renew license hearing
alternative civil penalty. (1) The
division shall deny, suspend, revoke, or refuse to renew, as may
be appropriate, the license of any person engaged in the business
of bail bonding agent for any of the following reasons:
(j) HIRING, CONTRACTING WITH, OR PAYING
COMPENSATION TO ANY INDIVIDUAL FOR BAIL RECOVERY SERVICES IN VIOLATION
OF THE PROVISIONS OF SECTION 127105.5.".
Page 3, strike lines 1 through 11.
Renumber succeeding sections accordingly.
Page 3, after line 17, insert the following:
"SECTION 6. 2433.5412
(1), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
2433.5412. Functions of
bureau legislative review. (1) The
bureau has the following authority:
(p) TO CONDUCT A CRIMINAL BACKGROUND CHECK
OF AN APPLICANT WHO WISHES TO PROVIDE BOUNTY RECOVERY SERVICES
FOR A BAIL BONDING AGENT UNDER SECTION 127105.5 (1)
(a), C.R.S.".
Renumber succeeding sections accordingly.
Page 1, strike lines 102 through 106, and substitute
the following:
"PROHIBITING A BAIL BONDING AGENT FROM HIRING,
CONTRACTING WITH, OR PAYING COMPENSATION TO AN INDIVIDUAL FOR
BAIL RECOVERY SERVICES UNLESS CERTAIN REQUIREMENTS ARE MET.".
HB98-1238 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 2, strike lines 14 through
16, and substitute the following:
"hundred seventy-two thousand six hundred twenty-three
dollars ($1,872,623), or so much thereof as may be necessary,
for the implementation of this act. Of said sum, seven thousand
three hundred eight dollars ($7,308), or so much thereof as may
be necessary, is for allocation to the office of alternate defense
counsel.".
______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB98-1360 and 1361.
______________
DELIVERY OF BILL TO GOVERNOR
The Chief Clerk of the House of Representatives reports the following bill has been delivered to the Office of the Governor: HB98-1002 at 11:20 a.m. on February 4, 1998.
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has adopted and returns herewith: HJR98-1007.
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB98-1361 by Representatives Grampsas, Owen, and Romero; also Senators Blickensderfer, Lacy, and Rizzuto--Concerning the annual appropriation of moneys to the judicial department rather than the state treasurer for the purpose of reimbursing the judicial division trust fund of the public employees' retirement association for increases in retirement benefits paid to retired judges who return to temporary judicial duties.
Committee on Judiciary.
HB98-1362 by Representatives Romero, Grampsas, and Owen; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning an extension until March 1, 1999, of the period for which the Colorado state fair authority is not subject to the provisions of the "Procurement Code", articles 101 to 112 of title 24, Colorado Revised Statutes.
Committee on Agriculture, Livestock and Natural Resources.
HB98-1363 by Representatives Taylor and Allen--Concerning the provision by electors of the last four digits of an elector's social security number in connection with voter registration.
Committee on State, Veterans, and Military Affairs.
HB98-1364 by Representatives Owen, Grampsas, and Romero; also Senators Blickensderfer, Lacy, and Rizzuto--Concerning the use of the fees collected by the clerk of the Colorado supreme court to fund the supreme court library.
Committee on Judiciary.
HB98-1365 by Representative Musgrave; also Senator B. Alexander--Concerning the denial of unemployment compensation benefits to certain persons who are addicted to drugs or alcohol.
Committee on Business Affairs and Labor.
HB98-1366 by Representative Musgrave--Concerning abstinence education grants available pursuant to the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996".
Committee on State, Veterans, and Military Affairs.
______________
INTRODUCTION OF RESOLUTION
The following resolution was read by title and laid
over one day under the rules:
HJR98-1010 by Representatives
Hagedorn, Allen, Takis, and S. Williams; also Senators Weddig,
Coffman, Lacy, and Martinez--Concerning the extension of congratulations
from the General Assembly to the Hinkley High School football
team.
WHEREAS, The Hinkley Thunderbirds football team recently
completed a stellar football season in which it won the 1997 Class
4A high school football championship; and
WHEREAS, In winning the championship game by a 6242
score, the Hinkley Thunderbirds earned their thirteenth victory
of the year, including both regular and postseason victories;
and
WHEREAS, This is the first high school football state
title ever earned by the Hinkley Thunderbirds; and
WHEREAS, Place kicker Jessica Hanneman became the
first female football player to score points in a Colorado state
final football game; and
WHEREAS, Center Adam Bryning and running back DeShawn
Perkins were selected to play in the Coaches Association of Colorado
All State Game; and
WHEREAS, The Hinkley Thunderbirds were led to victory
by head coach John Pounder, who was selected as both the Class
4A and the Denver Broncos Coach of the Year; and
WHEREAS, The accomplishments of the Hinkley Thunderbirds
during the 1997 season are an inspiration to us all; now, therefore,
Be It Resolved by the House of Representatives
of the Sixtyfirst General Assembly of the State of Colorado,
the Senate concurring herein:
That we, the members of the General Assembly, extend
our congratulations to the players and staff who comprise the
Hinkley Thunderbirds football team for their success in the 1997
season.
Be it further resolved, That a copy of this resolution be transmitted to John Pounder, Head Coach of the Hinkley Thunderbirds football team, and to Mike Nachazel, Principal of Hinkley High School.
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Faatz, Consideration of General Orders (HB98-1183, 1164, 1171, 1231, 1249, 1261, 1170, 1251, 1253) was laid over until February 6, retaining place on Calendar.
_______________
On motion of Representative Faatz, the House adjourned
until 9:00 a.m., February 6, 1998.
Approved:
CHARLES E. BERRY,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk