March 9, 2001

Mr. Speaker:

Your JUDICIARY COMMITTEE, to whom has been referred

HOUSE BILL 742

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 3, strike lines 14 and 15 and insert in lieu thereof "person appointed as deputy receiver shall be free of conflict of interest with the health facility that is in receivership.".

2. On page 3, line 24, strike "The" and insert in lieu thereof "No later than December 31, 2001, the".

3. On page 3, line 24, strike "may" and insert in lieu thereof "shall".

4. On page 4, line 1, strike the comma and insert in lieu thereof a period, strike the remainder of line 1, strike lines 2 through 5 and insert in lieu thereof:

"As a minimum, the rules shall establish:

A. conditions under which a petition for a health facility receivership may be filed;

B. the duties, authority and responsibilities of

the deputy receiver and the health facility;

C. the specific authority of the deputy receiver to impose financial conditions and requirements on the health facility;

D. minimum qualifications for deputy receivers; and

E. provisions that will be requested for inclusion in district court orders entered pursuant to the Health Facility Receivership Act."".

5. On page 4, between lines 5 and 6, insert the following new section:

"Section 5. A new section of the Health Facility Receivership Act is enacted to read:

"[NEW MATERIAL] FACILITY MAY SEEK MODIFICATION OR TERMINATION.--A health facility under receivership may petition the court at any time for modification or termination of the order of receivership."".

The roll call vote on Amendment #4 was 7 For 3 Against

Yes: 7

No: Foley, Taylor, Thompson

Excused: Rios

Absent: None

Respectfully submitted,

W. Ken Martinez, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 9 For 1 Against

Yes: 9

No: Godbey

Excused: Rios

Absent: None

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