0/26/100
3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
Twenty-second Legislative Day Wednesday, January 26, 2000
Prayer by Rabbi Yaakov Chaitovsky, BMH-BJ Congregation, Denver.
The Speaker called the House to order at 9:00 a.m.
The roll was called with the following result:
The Speaker declared a quorum present._______________
On motion of Representative Webster, the reading of the journal of January 25, 2000, was dispensed with and approved as corrected by the Chief Clerk._______________
REPORTS OF COMMITTEES OF REFERENCE
HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS
After consideration on the merits, the Committee recommends the following:
HB00-1029 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 21, strike "eighty-five percent of the" and substitute "two hundred twenty-five percent of the federal poverty level";
line 22, strike "state's median income".
Page 3, line 2, strike "shall" and substitute "is strongly encouraged to";
line 4, strike "eight-five" and substitute "two hundred twenty-five percent of the federal poverty level";
line 5, strike "percent of the state's median income".
HB00-1037 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 1, line 2, strike "(2) (f) (I)," and substitute "(2) (f),";
line 4, strike "amended" and substitute "amended, and the said 10-16-116 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH,".
Page 2, line 5, strike "policy" and substitute "plan";
line 6, strike "Have" and substitute "In order to be considered a qualified higher deductible plan for purposes of a medical savings account pursuant to section 39-22-504.7, C.R.S., have";
line 14, after "policy;", insert "except that a business group of one may be restricted to obtaining coverage during an open enrollment period as specified by section 10-16-105 (7.3) (i);";
strike lines 15 through 20 and substitute the following:
"(f) (I) Be priced pursuant to a modified form of community rating, except as provided in subparagraph (II) of this paragraph (f). The information to be taken into account by the insurer during the underwriting process is limited to the applicant's age, sex, health status, and the geographical area in which the applicant lives Be priced according to appropriate rating requirements for health benefit plans as specified by law.
(II) If the catastrophic health insurance policy covers the employees of a small employer, then it shall be priced pursuant to section 10-16-105 (8).".
Page 3, after line 2, insert the following:
"(i) Comply with requirements for health benefit plans specified in this article, including those related to preexisting conditions in accordance with section 10-16-118.";
after line 15, insert the following:
"SECTION 3. Effective date - applicability. This act shall take effect January 1, 2001, and shall apply to catastrophic insurance policies newly issued on or after said date.".
Renumber succeeding section accordingly.
HB00-1076 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 25, strike "any";
strike line 26 and substitute the following:
"women who are eligible for emergency medical assistance through a program administered by the state department called the prenatal care for undocumented women pilot program.".
Page 3, strike line 1;
strike line 4 and substitute the following:
"arrange for the provision of emergency medical assistance and prenatal care only to";
line 6, after "(3).", add "Emergency medical assistance status does not constitute membership in a managed care organization.";
line 11, after "condition",", insert ""geographic area",";
line 15, strike "provide" and substitute "arrange for the provision of";
line 18, strike "A pregnant woman" and substitute "The care of a pregnant woman who is";
line 19, strike "enrolled in" and substitute "managed by";
line 21, strike "lives," and substitute "lives or delivers,";
strike line 23, and substitute "arrange for the provision of prenatal care in that geographic area. The cost of providing prenatal care shall be borne by the managed care organization providing the care. The rate or reimbursement provided by the medical assistance program to the managed care organization for prenatal care, labor, and delivery shall be limited to the amount provided for emergency labor and delivery. Prenatal care and any other non-emergency medical service is not reimbursable through the medical assistance program.";
strike lines 24 and 25;
line 26, strike "labor and delivery.".
Page 4, line 2, after "living", insert "or delivering";
line 4, after "living", insert "or delivering";
line 8, after the first "care", insert "for undocumented women pilot";
after line 15, insert the following:
"(II) Out-of-network providers who do not routinely and regularly perform emergency labor and delivery professional services but who, on occasion, do provide such services shall be reimbursed at one hundred percent of the medicaid fee schedule.
(III) The managed care organization shall be required to offer a contract to existing or historical providers of prenatal care or labor and delivery services and to reimburse professional services for prenatal care and labor and delivery at one hundred percent of the medicaid fee schedule.".
Renumber succeeding subparagraph accordingly.
JUDICIARY
After consideration on the merits, the Committee recommends the following:
HB00-1085 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 3, line 20, after "(4)", insert "(a)";
line 22, strike "the division or any";
strike line 23;
after line 24, insert the following:
"(b) "Trustee" does not include:
(I) The division, the director, or any fund created under article 46 of this title; or
(II) Any officer, employee, or agent of a person or entity listed in subparagraph (I) of this paragraph (b).".
Page 8, strike lines 20 through 26, and substitute “included, or other information to the division as required by rule.”.
Renumber succeeding C.R.S. section accordingly.
Page 9, strike lines 1 through 3.
HB00-1147 be postponed indefinitely.
HB00-1165 be referred to the Committee of the Whole with favorable recommendation.
HB00-1168 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 4, strike lines 17 through 21, and substitute the following:
"SECTION 5. Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
17-1-128. Appropriation to comply with section 2-2-703. (1) Pursuant to section 2-2-703, C.R.S., the following statutory appropriations, or so much thereof as may be necessary, are made in order to implement HB 00-1168, enacted at the second regular session of the sixty-second general assembly:
(a) For the fiscal year beginning July 1, 2000, in addition to any other appropriation, there is hereby appropriated from the general fund to the corrections expansion reserve fund created in section 17-1-116, the sum of sixty-nine thousand four hundred sixty-seven dollars ($69,467).
(b) For the fiscal year beginning July 1, 2001, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of twenty-six thousand two hundred thirty-eight dollars ($26,238).
(c) For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of twelve thousand two hundred forty-four dollars ($12,244).
(d) For the fiscal year beginning July 1, 2003, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of twenty-six thousand two hundred thirty-eight dollars ($26,238).
(e) For the fiscal year beginning July 1, 2004, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of twelve thousand two hundred forty-four dollars ($12,244).".
Page 1, line 103, strike “crime” and substitute “crime, and making an appropriation therefor.”.
HB00-1229 be referred to the Committee of the Whole with favorable recommendation.
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee recommends the following:
HB00-1208 be referred to the Committee of the Whole with favorable recommendation.
HB00-1220 be postponed indefinitely.
HB00-1245 be postponed indefinitely.
HB00-1289 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 17, strike "use,";
line 24, strike "use,";
line 26, strike "use,"._______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB00-039._______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, SB00-039.______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred to the committees indicated:
HB00-1290 by Representative Gotlieb; also Senator Wattenberg--Concerning the extension of an increase in water quality control permit program fees, and, in connection therewith, adding an element to a reporting requirement concerning such program and making an appropriation therefor.
Committee on Agriculture, Livestock, & Natural Resources
Committee on Appropriations
HB00-1291 By Representative Kester; also Senator Dennis; also Senator Dennis--Concerning delivery of a terminated employee's final paycheck to a location selected by the employer.
Committee on Business Affairs & Labor
HB00-1292 by Representative Kester--Concerning an authorization for creditors to issue credit insurance for periods shorter than the full term of indebtedness.
Committee on Business Affairs & Labor
HB00-1293 by Representative Dean--Concerning the authority of a licensed attorney to accept funds for distribution pursuant to a power of attorney granted by a claimant under the "Workers' Compensation Act of Colorado".
Committee on Business Affairs & Labor
HB00-1294 by Representative Morrison; also Senator Epps--Concerning regulation of respiratory therapists, and, in connection therewith, making an appropriation.
Committee on Health, Environment, Welfare, & Institutions
Committee on Appropriations
HB00-1295 by Representative Lawrence; also Senator Evans--Concerning the creation of a state income tax credit for employer contributions to medical savings accounts.
Committee on Finance
Committee on Appropriations
HB00-1296 by Representative McPherson; also Senator Blickensderfer--Concerning creation of the "Certified Capital Company Act".
Committee on Business Affairs & Labor
HB00-1297 by Representative Morrison--Concerning recom-mendations of the house health, education, welfare, and institutions committee related to the continuation of requirements for certain reports to the general assembly under title 25 to title 27, Colorado Revised Statutes.
Committee on Health, Environment, Welfare, & Institutions
HB00-1298 by Representative Swenson; also Senator Weddig--Concerning required automobile insurance coverage.
Committee on Business Affairs & Labor
HB00-1299 by Representative McPherson; also Senator Powers--Concerning sentencing in cases involving class 1 felonies.
Committee on State, Veterans, & Military Affairs
HB00-1300 by Representatives Tochtrop, Alexander, Clarke, Hagedorn, Hefley, Lawrence, Morrison, Witwer; also Senator Rupert--Concerning the regulation of persons who treat the hearing impaired, and, in connection therewith, continuing the regulation of audiologists and registered hearing aid providers by the director of the division of registrations and clarifying provisions of the "Colorado Consumer Protection Act" relating to audiologists and registered hearing aid providers.
Committee on Health, Environment, Welfare, & Institutions
HB00-1301 By Representatives Vigil, and Tapia; also Senator Dennis--Concerning a requirement for moneys in racing purse trust accounts to be federally protected.
Committee on Agriculture, Livestock, & Natural Resources
HB00-1302 by Representative Kaufman; also Senator Matsunaka--Concerning tax incentives for owners of qualified low-income housing developments.
Committee on Finance
Committee on Appropriations
HB00-1303 by Representative Gordon--Concerning certain communi-cations by persons in an election campaign that relate to a public office that is to be voted on in such election.
Committee on State, Veterans, & Military Affairs
HB00-1304 by Representative McElhany; also Senator Hillman--Concerning the implementation of constitutional amend-ments relating to information provided to the electorate for an election on a ballot issue.
Committee on State, Veterans, & Military Affairs
HB00-1305 by Representative Leyba; also Senator Reeves--Concerning the quality of care incentive payment program in the department of health care policy and financing, and, in connection therewith, extending the quality of care incentive program advisory committee and requiring an accounting of payments made under the program.
Committee on Health, Environment, Welfare, & Institutions
HB00-1306 by Representatives McPherson, Smith--Concerning incen-tives for redevelopment of contaminated land.
Committee on Finance
HB00-1307 by Representative Young; also Senator Chlouber--Concerning repeal of the advisory committee on river outfitters.
Committee on Agriculture, Livestock, & Natural Resources
HB00-1308 by Representative Stengel; also Senator Teck--Concerning the creation of the advanced technology fund for use by the Colorado commission on higher education to promote waste diversion.
Committee on Education
HB00-1309 by Representatives Mitchell, May, Hagedorn, Kester, Takis, Tupa, Young, Zimmerman; also Senators Teck, Chlouber, Dennis, Weddig--Concerning enactment of the "Colorado Junk Email Law", and, in connection therewith, restricting unsolicited commercial electronic mail messages.
Committee on Business Affairs & Labor
HB00-1310 By Representatives Dean, Spradley--Concerning the creation of a temporary credit against unemployment insurance taxes.
Committee on Finance
HB00-1311 by Representative Gagliardi--Concerning the invalidation of certain special license plates for motor vehicles.
Committee on Transportation and Energy
HB00-1312 by Representatives Tool, Berry, Alexander, George, Hoppe, Kester, Larson, Miller, Smith, Spradley, Taylor, Webster; also Senators Teck, Chlouber, Dennis, Dyer, Feeley, Hillman, Musgrave, Wattenberg--Concerning the creation of a source of equity capital exclusively targeted to the revitalization of rural Colorado economies.
Committee on Finance
HB00-1313 by Representative McElhany--Concerning requirements related to the provision of assistance in voting for disabled electors.
Committee on State, Veterans and Military Affairs
HB00-1314 by Representative Johnson; also Senator Wattenberg--Concerning authority for the division of wildlife to reintroduce in Colorado two endangered species that are listed under the federal "Endangered Species Act of 1973", and, in connection therewith, authorizing the reintroduction of the bonytail and the black-footed ferret.
Committee on Agriculture, Livestock, & Natural Resources
HB00-1315 by Representative Allen--Concerning standards for reclaimed domestic wastewater to be used for purposes other than drinking.
Committee on Agriculture, Livestock and Natural Resources
HB00-1316 by Representative Pfiffner; also Senator Musgrave--Concerning fees in public schools.
Committee on Education
HB00-1317 by Representative Tool; also Senator Anderson--Concerning sex offenders, and making an appropriation in connection therewith.
Committee on Judiciary
Committee on Appropriations
HB00-1318 by Representatives Tapia, Keller, Mace, Ragsdale, Williams S.--Concerning the notification of relatives prior to placement of children out of the home.
Committee on Judiciary
HB00-1319 by Representative Takis--Concerning the provision of notices of an election by election officials.
Committee on State, Veterans, & Military Affairs
HB00-1320 by Representative Sinclair--Concerning the selection process for employment in the state personnel system.
Committee on State, Veterans, & Military Affairs
HB00-1321 by Representative Scott--Concerning the authorized maturity date for certain securities that collateralize repurchase agreements for legal investments of public funds.
Committee on Local Government
HB00-1322 by Representative McKay--Concerning additional requirements for the introduction of species into Colorado.
Committee on Agriculture, Livestock, & Natural Resources
HB00-1323 by Representative Hoppe; also Senator Wattenberg--Concerning authorization of a special license plate for agriculture and natural resources.
Committee on Transportation & Energy
HB00-1324 by Representative Larson--Concerning the approval of the intergovernmental agreement between the Southern Ute Indian tribe and the state of Colorado on air quality control on the Southern Ute Indian reservation.
Committee on Business Affairs & Labor
HB00-1325 by Representative Larson--Concerning the creation of the Southern Ute Indian tribe/state of Colorado environmental commission, and, in connection therewith, setting forth the authority of the commission to establish and administer an air quality program for all lands within the exterior boundaries of the Southern Ute Indian reservation.
Committee on Business Affairs & Labor
HB00-1326 By Representatives Scott, Dean--Concerning the "Uniform Principal and Income Act".
Committee on Judiciary
HB00-1327 by Representative Grossman--Concerning postconviction relief.
Committee on Judiciary
HB00-1328 by Representative Chavez--Concerning information about crimes against at-risk adults.
Committee on Judiciary
HB00-1329 by Representatives Scott, Johnson, McPherson, Smith, Tapia--Concerning the adoption of the "Uniform Electronic Transactions Act".
Committee on Local Government______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB00-1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315._______________
House in recess. House reconvened.
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred to the committees indicated:
HB00-1330 by Representative Gordon--Concerning the enhancement of sentencing for certain animal cruelty crimes.
Committee on Judiciary
HB00-1331 by Representative Leyba--Concerning the extension of civil rights to persons discriminated against on the basis of sexual orientation, and making an appropriation in connection therewith.
Committee on Judiciary
Committee on Appropriations
HB00-1332 by Representative Larson; also Senator Dyer--Concerning the authority of a local governing body to place a weed assessment upon private lands to manage noxious weeds.
Committee on Agriculture, Livestock, & Natural Resources
HB00-1333 by Representative McPherson; also Senator Epps--Concerning the state board of parole.
Committee on Judiciary
HB00-1334 By Representatives Williams S., and Windels--Concerning credit given to newly hired teachers for previous years of employment as teachers.
Committee on Education
HB00-1335 by Representative Vigil; also Senator Pascoe--Concerning non-public home-based educational programs.
Committee on Education
HB00-1336 by Representatives Coleman, Ragsdale; also Senator Linkhart--Concerning access to adoption records.
Committee on Judiciary
HB00-1337 by Representative Tool--Concerning recommendations of the house appropriations committee related to the continuation of requirements for certain reports to the general assembly from executive agencies under articles 75 to 114 of title 24, Colorado Revised Statutes.
Committee on Appropriations
HB00-1338 by Representative Swenson--Concerning a state income tax credit for expenses incurred by employers who provide commuter benefits to their employees.
Committee on Finance
Committee on Appropriations
HB00-1339 by Representative Smith--Concerning the creation of a Colorado income tax credit for emergency services volunteers who incur nonreimbursed training expenses.
Committee on Finance
Committee on Appropriations
HB00-1340 by Representative Stengel--Concerning a credit against state income tax for qualified expenses incurred by employers for training qualified employees.
Committee on Finance
Committee on Appropriations
HB00-1341 by Representative Smith--Concerning the establishment of a program for the placement of roadside memorials on highways in this state.
Committee on Transportation & Energy
HB00-1342 by Representatives Morrison, Alexander, Berry, Gotlieb, Johnson, Keller, Mace, Spence, Swenson, Williams S., Young; also Senator Lamborn--Concerning provision of services to youth.
Committee on Judiciary
HB00-1343 by Representative Leyba--Concerning prohibitions against the financial exploitation of at-risk adults.
Committee on Judiciary
HB00-1344 by Representative McPherson--Concerning the authority of the department of corrections to enter into agreements for the confinement and maintenance of undocumented alien inmates in foreign countries.
Committee on Judiciary
HB00-1345 by Representative Spradley; also Senator Musgrave--Concerning the regulation of installers of manufactured homes.
Committee on Business Affairs & Labor
HB00-1346 By Representatives Paschall, Nuņez, and Pfiffner; also Senators Tebedo, and Sullivant--Concerning selection of administrative law judges for hearings under the "Workers' Compensation Act of Colorado".
Committee on Business Affairs & Labor
HB00-1347 By Representatives Spradley, Alexander, Allen, Coleman, Dean, Decker, Fairbank, George, Gotlieb, Hefley, Hoppe, Kaufman, Keller, Kester, King, Larson, Lawrence, Leyba, May, McElhany, McKay, Miller, Paschall, Smith, Stengel, Swenson, Takis, Tapia, Tochtrop, Veiga, Vigil, Williams S., Williams T., Witwer, and Young; also Senator Perlmutter--Concerning consumer protection against sweepstakes and contests.
Committee on Business Affairs & Labor
HB00-1348 By Representatives Spradley, Young, Coleman, George, Johnson, Kester, May, Smith, and Witwer; also Senator Owen--Concerning the state income tax credit for taxpayers who donate real property interests for conservation purposes.
Committee on Finance
Committee on Appropriations
HB00-1349 By Representatives Saliman, Berry, Tool, Allen, Bacon, Gordon, Gotlieb, Keller, and Paschall; also Senators Lacy, Anderson, Reeves, and Tanner--Concerning the elimination of the adjustment of the state's share of a school district's total program as a result of any agreements entered into by the school district to provide incentive payments to taxpayers who establish new business facilities or who expand existing business facilities.
Committee on Education
HB00-1350 By Representatives Berry, Allen, Dean, Scott, and Taylor; also Senators Anderson, Dyer, and Wattenberg--Concerning the applicability of sales and use taxes to ski area passenger tramways.
Committee on Finance
Committee on Appropriations
HB00-1351 by Representatives Hefley, Spradley, Decker, Johnson, Spence--Concerning modification of the state tax policy relating to child care.
Committee on Finance
Committee on Appropriations
HB00-1352 by Representatives Dean, George, and Gordon; also Senators Blickensderfer, Powers, and Feeley--Concerning the payment of expenses of the legislative department, and making an appropriation in connection therewith.
Committee on Appropriations_______________
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, 1011, 1056, 1084, 1179) was laid over until January 27, retaining place on Calendar._______________
On motion of Representative Kaufman, the House adjourned until 9:00 a.m., January 27, 2000.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk