Journal for 01/25/2000

House Journal--21st Day--January 25, 2000

0/25/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Twenty-first Legislative Day Tuesday, January 25, 2000

Prayer by the Reverend Reginald Holmes, New Covenant Christian Church, Denver.

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

The roll was called with the following result:

Present--64.

Excused--Representative Lawrence--1.

Present after roll call--Representative Lawrence.

The Speaker declared a quorum present.

_______________

On motion of Representative Webster, the reading of the journal of January 24, 2000, was 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:

HB00-1276

be referred to the Committee of the Whole with favorable recommendation.

HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

HB00-1172

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, strike everything below the enacting clause, and substitute the following:

SECTION 1.

25-7-133 (1), (2), (4) (b) (I), (4) (b) (III), (4) (b) (IV), (4) (b) (V), (4) (c), and (6), Colorado Revised Statutes, are amended to read:

25-7-133. Legislative review and approval of state implementation plans and rules - repeal.

(1) Notwithstanding any other provision of law,

the general assembly shall review and approve state implementation plans (SIP) and revisions and any rules pertaining thereto pursuant to the procedures set forth in section 24-4-103 (8) (c) and (8) (d), C.R.S., and this section

by January 15 of each year the commission shall certify in a report to the chairperson of the executive committee of the legislative council in summary form any additions or changes to elements of the state implementation plan adopted during the prior year that are to be submitted to the administrator for purposes of federal enforceability. Such report shall be written in plain, nontechnical language using words with common and everyday meaning that are understandable to the average reader. Copies of such report shall be available to the public and shall be made available to each member of the general assembly.

The provisions of this section shall not apply to control measures and strategies

~~which~~

that

have been adopted

and implemented by the enacting jurisdiction of a local unit of government if such measures and strategies do not result in mandatory direct costs upon any entity other than the enacting jurisdiction.

(2) (a)

By the February 15 following submission of the certified report under subsection (1) of this section, any member of the general assembly may make a request in writing to the chairperson of the executive committee of the legislative council that the legislative council review any addition or change to elements of the SIP contained in the report submitted pursuant to subsection (1) of this section. Any review by the legislative council shall determine whether the addition or change to the SIP element accomplishes the results intended by enactment of the statutory provisions under which the addition or change to the SIP element was adopted. The legislative council, after allowing a public hearing preceded by adequate notice to the public and the commission, may recommend the introduction of a bill or bills based on the results of such review. Any bill recommended for consideration under this subsection (2) shall not be counted against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and the house of representatives.

(b)

Unless a written request for legislative council review of an addition or change to a SIP element is submitted by the February 15 following submission of the report under subsection (1) of this section, all other additions or changes to a SIP element described in such report shall be submitted to the administrator for final approval and incorporation into the SIP.

(c)

Until such February 15 as provided in paragraph

(b)

of this subsection (2),

the commission may only submit

an addition or change to the

SIP

or any element thereof

, as defined in section 110 of the federal act, any rule which is a part thereof, or any revision thereto as specified in subsection (1) of this section to the administrator for conditional approval or temporary approval.

If legislative council review is requested as to any addition or change to a SIP element under paragraph

(a)

of this subsection (2), then

no such SIP, revision, rule required by the SIP or revision, or rule related to the implementation of the SIP or revision so submitted to the administrator may take effect for purposes of federal enforceability, or enforcement of any kind at the state level against any person or entity based only on the commission's general authority to adopt a SIP under section 25-7-105 (1), unless expiration of the SIP, rule required for the SIP, or

~~revision~~

addition or change to a SIP element

has been postponed by the general assembly acting by bill in the same manner as provided in section 24-4-103 (8) (c) and (8) (d), C.R.S.

In addition to the requirements set forth in section 24-4-103 (8) (c) and (8) (d), C.R.S., the legislative council shall conduct a review of the SIP, rule, or revision thereto to determine whether it accomplishes the results intended by enactment of the statutory provisions under which the SIP, rule, or revision was adopted. The legislative council may, after allowing a public hearing preceded by adequate notice to the public and the commission, make such recommendations as it deems appropriate based on the results of such review. The provisions of this subsection (2) shall apply to actions of the commission taken after January 1, 1995.

Any member of the general assembly may introduce a bill to modify or delete all or a portion of the SIP or any rule or

~~revision~~

additions or changes to SIP elements

which

are

a component thereof.

(d) (I)

Notwithstanding any other provision of this section, the commission shall submit the certified report required under subsection (1) of this section to the chairperson of the executive committee of the legislative council no later than March 1, 2000. Notwithstanding any other provision of this section, any written notice requesting legislative council review of an addition or change to a SIP element described in such certified report shall be filed under paragraph

(a)

of this subsection (2) no later than March 15, 2000, and, after March 15, 2000, paragraph

(b)

of this subsection (2) shall apply to any addition or change to a SIP element described in such certified report filed by March 1, 2000.

(II)

This paragraph

(d)

is repealed, effective July 1, 2001.

(4) (b) On or before November 15 of each year, the commission, in coordination with designated organizations for air quality planning in local areas, shall provide the legislative council:

(I) A comprehensive listing of

~~SIPs or revisions thereto~~

additions or changes to elements of the SIP

that the commission and local areas will consider during the following calendar year;

(III)

~~The projected schedule for submittal by the commission to legislative council for the SIP or any revisions thereto;~~

(IV) The statutory deadline, if any, for submittal to the administrator of the

change or addition to elements of the

SIP

~~or revision,~~

and the corresponding federal sanctions or consequences for failure to submit the

change or addition to elements of the

SIP

~~or revisions thereto~~

by the deadline under the federal act; and

(V) A brief description of the principal technical and policy issues and available options presented for decision in each

addition or change to elements of the

SIP.

~~or revision thereto.~~

(c) The commission, in coordination with designated organizations for air quality planning in local areas, shall communicate regularly with the legislative council regarding each of the

~~SIPs~~

SIP elements

or revisions thereto scheduled for adoption and submission to the administrator of the United States environmental protection agency.

The commission shall provide immediate notice in writing when the projected schedules required in subparagraphs (I) and (II) of paragraph (b) of this subsection (4) will be delayed, including an alternative projected schedule considering the delay.

(6)

~~This section is repealed, effective July 1, 2000.~~

SECTION 2.

Safety clause.

The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

LOCAL GOVERNMENT

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

HB00-1001

be referred to the Committee of the Whole with favorable recommendation.

HB00-1013

be postponed indefinitely.

HB00-1015

be postponed indefinitely.

HB00-1143

be postponed indefinitely.

HB00-1218

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 6 through 8 and substitute the following:

tenancy of a mobile home owner is being terminated under section 38-12-202 or section

Page 2, strike lines 4 through 8 and substitute the following:

"(a)

The notice to quit as provided in section 38-12-202 (1); or

(b)

The notice of nonpayment of rent as provided in section 38-12-204 (1).

Page 3, line 13, after "

rent",

insert "

and any applicable fees

______________

PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed:

HB00-1284, 1285, 1286, 1287, 1288, 1289.

_______________

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.

HB00-1028

By Representative Swenson; also Senator Owen--Concerning parental shares in judgment for the wrongful death of an unmarried person.

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 65 NO 0 EXCUSED 0 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

Hoppe 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

Nu�ez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel 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

HB00-1057

By Representative Swenson; also Senator Musgrave--Concerning an exception to the three-lane highway at-grade intersection prohibition in the "Public Highway Authority Law".

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 63 NO 2 EXCUSED 0 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

Hoppe 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

Nu�ez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale Y

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel 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

Co-sponsor added: Representative

Mitchell

HB00-1127

By Representatives Fairbank, and Stengel; also Senator Hillman--Concerning a prohibition on the collection of moneys for political activities through student fees.

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 39 NO 26 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb Y

Grossman N

Hagedorn N

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller N

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace N

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison N

Nu�ez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams S. N

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker N

Co-sponsors added: Representatives

Clapp, Dean, Decker, Hefley, Hoppe, Kester, King, Lee, May, McKay, Mitchell, Paschall, Pfiffner, Sinclair, Spence, Taylor, Witwer, Young

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, Consideration of General Orders (

HB00-1106, 1078, 1092, 1180, 1151, 1059, 1134, 1036, 1119, 1138, 1139, 1152, 1226, 1055, 1109, 1089, 1091, 1040, 1046, 1108, 1216, 1148, 1161, 1105

) was laid over until January 26, retaining place on Calendar.

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., January 26, 2000.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk

LC: