Journal for 04/05/2000

House Journal--92nd Day--April 5, 2000

3/5/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Ninety-second Legislative Day Wednesday, April 5, 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:

Present--50.

Excused--Representatives Allen, Bacon, Berry, Coleman, Hefley, Lawrence, McPherson, Saliman, Spence, Tapia, Tate, Tool, Tupa, Vigil, Young--15.

Present after roll call--Representatives Allen, Bacon, Berry, Coleman, Hefley, Lawrence, McPherson, Saliman, Spence, Tapia, Tool, Tupa, Vigil, Young.

The Speaker declared a quorum present.

_______________

On motion of Representative Larson, the reading of the journal of April 4, 2000, was dispensed with and approved as corrected by the Chief Clerk.

______________

PRINTING REPORT

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

HB00-1470, 1471, 1472, 1473.

_______________

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.

HB00-1380

by Representative Bacon--Concerning the privacy of motor vehicle records maintained by the department of revenue.

Laid over until April 6, retaining place on Calendar.

HB00-1076

by Representative Tool; also Senator Wham--Concerning the provision of prenatal care to undocumented women, and making an appropriation in connection therewith..

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 42 NO 21 EXCUSED 2 ABSENT 0

Alexander Y

Allen N

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean Y

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley N

Hoppe Y

Johnson N

Kaufman Y

Keller Y

Kester Y

King N

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson N

Miller Y

Mitchell N

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair N

Smith Y

Spence N

Spradley N

Stengel N

Swenson Y

Takis Y

Tapia Y

Tate E

Taylor Y

Tochtrop Y

Tool Y

Tupa E

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Bacon, Clarke, Coleman, Gagliardi, Grossman, Kaufman, Keller, Lawrence, Leyba, Mace, Morrison, Plant, Ragsdale, Saliman, Scott, Tapia, Taylor, Tochtrop, Veiga, Vigil, Williams S., Windels, Zimmerman, Mr. Speaker

HB00-1067

by Representatives Paschall, Gotlieb, Gordon, Tupa; also Senator Evans-Concerning the promotion of alternative use fuel for transportation purposes.

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 2 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker N

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

Nuñez Y

Paschall Y

Pfiffner N

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 E

Taylor Y

Tochtrop Y

Tool Y

Tupa E

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Bacon, Chavez, Coleman, Gagliardi, Grossman, Keller, Lee, Mace, May, McKay, Miller, Plant, Saliman, Scott, Stengel, Tapia, Taylor, Veiga, Williams S., Windels, Young, Zimmerman

HB00-1261

by Representatives Johnson, George, Plant, and Saliman; also Senator Anderson--Concerning authorization for the board of parks and outdoor recreation in the department of natural resources to increase fees without statutory approval.

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 46 NO 17 EXCUSED 2 ABSENT 0

Alexander Y

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

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 N

Leyba Y

Mace Y

May N

McElhany N

McKay Y

McPherson N

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall N

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair N

Smith N

Spence N

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate E

Taylor N

Tochtrop Y

Tool N

Tupa E

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young N

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Bacon, Coleman, Kaufman, Lawrence

HB00-1462

by Representative Dean; also Senator Lacy--Concerning the replacement of certain incentives for businesses to establish new business facilities or expand existing facilities with a tax credit against state taxes in an amount equal to a portion of the amount of personal property taxes paid to a school district as a means to refund state revenues in excess of 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 48 NO 15 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke N

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson N

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace Y

May Y

McElhany N

McKay Y

McPherson Y

Miller Y

Mitchell N

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant N

Ragsdale N

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel N

Swenson Y

Takis Y

Tapia Y

Tate E

Taylor Y

Tochtrop N

Tool Y

Tupa E

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Coleman, Hefley, King, Spradley

HB00-1133

By Representative Kaufman; also Senator Wham--Concerning the department of corrections.

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 0 EXCUSED 2 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

Nuñez 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 E

Taylor Y

Tochtrop Y

Tool Y

Tupa E

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Coleman, Gagliardi, Grossman, Hoppe, Kester, Miller, Mr. Speaker

________________

IMMEDIATE RECONSIDERATION OF HB00-1462

Having voted on the prevailing side, Representative Dean moved for immediate reconsideration of HB00-1462. As shown by the following recorded vote less than a two-thirds majority of those elected to the House voted in the affirmative and the motion was declared

lost

YES 13 NO 50 EXCUSED 2 ABSENT 0

Alexander N

Allen N

Bacon N

Berry N

Chavez N

Clapp N

Clarke Y

Coleman N

Dean N

Decker N

Fairbank N

Gagliardi N

Gordon N

Gotlieb N

Grossman N

Hagedorn N

Hefley N

Hoppe N

Johnson N

Kaufman N

Keller Y

Kester N

King N

Larson N

Lawrence N

Lee N

Leyba Y

Mace N

May N

McElhany Y

McKay N

McPherson N

Miller N

Mitchell N

Morrison N

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale Y

Saliman N

Scott N

Sinclair N

Smith N

Spence N

Spradley N

Stengel N

Swenson N

Takis N

Tapia N

Tate E

Taylor N

Tochtrop Y

Tool N

Tupa E

Veiga N

Vigil N

Webster Y

Williams S. N

Williams T. N

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker N

_______________

CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILL

HB00-1159

by Representatives Allen, Dean, Kester; also Senator Anderson--Concerning the financing of public schools.

(Amended as printed in Senate Journal, April 3, page 817-818.)

Representative Allen moved that the House

concur

in Senate amendments.

A substitute motion by Representative Gordon, that the House

adhere

to its position was declared

lost

by the following roll call vote:

YES 27 NO 36 EXCUSED 2 ABSENT 0

Alexander N

Allen Y

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley N

Hoppe N

Johnson N

Kaufman N

Keller Y

Kester N

King N

Larson Y

Lawrence N

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson Y

Miller N

Mitchell N

Morrison N

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair N

Smith N

Spence N

Spradley N

Stengel N

Swenson Y

Takis Y

Tapia Y

Tate E

Taylor N

Tochtrop Y

Tool N

Tupa E

Veiga Y

Vigil Y

Webster N

Williams S. Y

Williams T. N

Windels Y

Witwer Y

Young N

Zimmerman N

Mr. Speaker N

Representative Allen's motion that the House

concur

in Senate amend-ments was declared

passed

by the following roll call vote:

YES 53 NO 10 EXCUSED 2 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 N

Gotlieb Y

Grossman Y

Hagedorn N

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson N

Lawrence Y

Lee Y

Leyba N

Mace Y

May N

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez N

Paschall N

Pfiffner N

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 E

Taylor Y

Tochtrop Y

Tool Y

Tupa E

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

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 60 NO 3 EXCUSED 2 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

Nuñez N

Paschall N

Pfiffner N

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 E

Taylor Y

Tochtrop Y

Tool Y

Tupa E

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 Zimmerman

________________

On motion of Representative Larson, 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.)

HB00-1433

by Representative Kaufman; also Senator Lamborn--Concerning the facilitation of fiduciary transactions.

Amendment No. 1

, Judiciary Report, dated March 16, 2000, and placed in member’s bill file; Report also printed in House Journal, March 17, pages 993-994.

Amendment No. 2

, by Representative Kaufman.

Amend printed bill, page 2, line 12, before "

enterprise

", insert "

business

line 14, before "

enterprise

", insert "

business

Page 3, line 1, strike the second "

family

" and substitute "

beneficiaries

strike line 3 and substitute the following:

"(3)

Except as otherwise provided in the instrument under which the fiduciary is acting:

(a)

A fiduciary may proceed as provided in this subsection (3) with the formation of such

line 5, after "

considering

", insert "

only

line 6, strike "

and

" and substitute "

including

line 7, strike "

family

" and substitute "

beneficiaries

line 10, strike "

he or she

" and substitute "

the fiduciary

line 11, strike "

his or her

" and substitute "

the fiduciary's

Page 4, line 6, strike "

or incapacitated

person

" and substitute "

minor, or incapacitated

person";

line 7, strike "

minor child

line 11, strike "

line 12, strike "

incapacitated

persons

or minor children

" and substitute "

minor, or incapacitated

persons";

line 15, strike "

or incapacitated

persons

or minor

" and substitute "

minor, or incapacitated

persons.";

strike line 16.

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

HB00-1435

by Representative Kaufman; also Senator Lamborn--Concerning article 9 of the "Uniform Commercial Code" on secured transactions.

Laid over until April 12, retaining place on Calendar.

HB00-1434

by Representatives McElhany, Pfiffner; also Senator Tebedo--Concerning recommendations of the state, veterans, and military affairs committees of the general assembly related to the continuation of requirements for certain reports to the general assembly from executive agencies, and, in connection therewith, repealing reporting requirements to the general assembly that are obsolete.

Amendment No. 1

, State, Veterans, & Military Affairs Report, dated March 16, 2000, and placed in member’s bill file; Report also printed in House Journal, March 17, page 1002.

Amendment No. 2

, by Representative McElhany.

Amend printed bill, page 18, strike lines 21 through 26.

Page 19, strike lines 1 through 3, and substitute the following:

"(4)

Prior to obtaining a construction grant from the federal department of veterans affairs and in conjunction with the report required pursuant to subsection (3) of this section, the state department shall present a business plan to the state, veterans, and military affairs committees of the house of representatives and the senate, the capital development committee, and the joint budget committee of the general assembly that identifies potential alternative sources of funding the remaining construction costs, as well as start-up costs necessary for the initial operation of the facility.

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

HB00-1072

by Representative Mace;

also Senator Epps--Concerning state moneys to provide services to older persons, and making an appropriation in connection therewith.

Amendment No. 1

, Health, Environment, Welfare, & Institutions Report, dated January 31, 2000, and placed in member’s bill file; Report also printed in House Journal, February 2, pages 279-281.

Amendment No. 2

, Finance Report, dated February 16, 2000, and placed in member’s bill file; Report also printed in House Journal, February 2, page 279.

Amendment No. 3

, Appropriations Report, dated March 17, 2000, and placed in member’s bill file; Report also printed in House Journal, March 20, pages 1040-1041.

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

HB00-1444

by Representatives Sinclair, Lee, Gagliardi, Johnson, Miller, Nuñez, Paschall, Stengel, Tochtrop, and Windels; also Senator Owen--Concerning compliance with federal selective service requirements prior to the issuance of drivers' licenses.

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

HB00-1437

by Representative George--Concerning rural transportation authorities.

Laid over until April 7, retaining place on Calendar.

HB00-1074

by Representatives Leyba, Clarke, Hagedorn, Morrison, Tochtrop; also Senators Linkhart, Reeves, Rupert, Wham--Concerning the establishment of additional data collection requirements to improve the effectiveness of the Colorado works program.

Amendment No. 1

, Health, Environment, Welfare, & Institutions Report, dated February 2, 2000, and placed in member’s bill file; Report also printed in House Journal, February 3, pages 294-295.

Amendment No. 2

, by Representative Leyba.

Amend the Health, Environment, Welfare, and Institutions Committee Report, dated February 2, 2000, page 1, line 16, after "

employment,

", insert "

the field of employment,

" and strike "

pay,

" and substitute "

pay and the pay or salary ranges available in that field,

Page 2, strike lines 12 through 15 and substitute the following:

shall conduct an exit interview with each participant leaving the Colorado works program and shall conduct a sixty-day follow-up interview with the same participant, to the extent possible.

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

HB00-1023

by Representatives Hagedorn, Morrison, and Tochtrop; also Senator Reeves--Concerning measures to implement a registry that tracks immunization information for children in Colorado.

Amendment No. 1

, Health, Environment, Welfare, & Institutions Report, dated January 17, 2000, and placed in member’s bill file; Report also printed in House Journal, January 19, pages 118-120.

Amendment No. 2

, Health, Environment, Welfare, & Institutions Report, dated March 27, 2000, and placed in member’s bill file; Report also printed in House Journal, March 29, page 1149.

Amendment No. 3

, by Representative Pfiffner.

Amend the Health, Environment, Welfare, and Institutions Committee Report, dated March 27, 2000, page 1, strike lines 5 and 6, and substitute the following:

"line 4, strike "(II) (D),";".";

line 7 of the March 27 committee report, strike ""through 8;";" and substitute ""through 8, and substitute the following:

"(III)

Any legal guardian or other person who may delegate authority to consent to immunizations of a child pursuant to this part 17 may request that such child's immunization records not be included within the tracking system. The basis of such request shall provide a religious objection to inclusion in a tracking system.

";";";

after line 8 of the March 27 committee report, insert the following:

"Page 3 of the January 17 committee report, after line 25, insert the following:

"(c)

".".

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

HB00-1455

by Representatives Leyba, Lee, Mitchell, Veiga, Windels, and Zimmerman; also Senator Wham--Concerning an increase in the administrative penalties for employers who violate certain restrictions on the times a minor may work under the "Colorado Youth Employment Opportunity Act of 1971", and, in connection therewith, requiring an employer to post certain prohibitions and penalties of the act.

Amendment No. 1

, Judiciary Report, dated March 28, 2000, and placed in member’s bill file; Report also printed in House Journal, March 29, pages 1149-1150.

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

HB00-1104

by Representative Williams T.; also Senator Owen--Concerning the establishment of a credit against state income tax for expenses incurred by individuals for health benefit plans.

Amendment No. 1

, Finance Report, dated February 2, 2000, and placed in member’s bill file; Report also printed in House Journal, February 4, page 347.

Amendment No. 2

, Appropriations Report, dated March 29, 2000, and placed in member’s bill file; Report also printed in House Journal, March 30, page 1166.

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

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative Spence moved to amend the Report of the Committee of the Whole to show that the following Spence amendment, to HB00-1023, did pass, and that

HB00-1023, as amended

, did pass.

Amend the Amendment No. 2, by Representative Pfiffner, as printed in House Journal page 1294, line 37, strike "

objection

" and substitute "

or philosophical objection

line 48, strike "

objection

" and substitute "

or philosophical objection

The amendment was declared

lost

by the following roll call vote:

YES 29 NO 35 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry N

Chavez N

Clapp Y

Clarke N

Coleman Y

Dean Y

Decker N

Fairbank Y

Gagliardi N

Gordon N

Gotlieb N

Grossman N

Hagedorn N

Hefley Y

Hoppe Y

Johnson N

Kaufman N

Keller N

Kester N

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace N

May Y

McElhany Y

McKay Y

McPherson Y

Miller N

Mitchell Y

Morrison N

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Scott Y

Sinclair Y

Smith N

Spence Y

Spradley Y

Stengel Y

Swenson N

Takis N

Tapia N

Tate E

Taylor Y

Tochtrop N

Tool N

Tupa N

Veiga N

Vigil N

Webster N

Williams S. N

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker N

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading:

HB00-1433 amended, 1434 amended, 1072 amended, 1444, 1074 amended, 1023 amended, 1455 amended, 1104 amended

Laid over until date indicated retaining place on Calendar:

HB00-1437

--April 7, 2000.

HB00-1435

--April 12, 2000.

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 64 NO 0 EXCUSED 1 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

Nuñez 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 E

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

______________

CONSENT GRANTED TO CONFERENCE COMMITTEE

Representative Berry moved that the First Conference Committee on

SB00-171

be granted permission to go beyond the scope of the difference between the House and the Senate. The motion was passed by the following roll call vote:

YES 64 NO 0 EXCUSED 1 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

Nuñez 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 E

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

_______________

REPORTS OF COMMITTEES OF REFERENCE

BUSINESS AFFAIRS AND LABOR

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

SB00-201

be postponed indefinitely.

SB00-202

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

JUDICIARY

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

HB00-1463

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

_______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed:

SB00-024, 057, 065

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate granted permission to members of the First Conference Committees on HB00-1185, 1267, 1268, 1451, and 1452 to consider matters not at issue between the two houses.

_________

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

SB00-020, amended as printed in Senate Journal, April 4, page 828;

SB00-148, amended as printed in Senate Journal, April 4, page 828;

SB00-170, amended as printed in Senate Journal, April 4, page 828;

SB00-205, amended as printed in Senate Journal, April 4, page 829.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB00-020, 148, 170 and 205.

______________

INTRODUCTION OF BILLS
First Reading

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

SB00-020

by Senator Linkhart; also Representatives Lawrence, Tool --Concerning the provision of clinic services to children by school-based clinics for purposes of the "Colorado Medical Assistance Act", and making an appropriation in connection therewith.

Committee on Health, Environment, Welfare, & Institutions

Committee on Appropriations

SB00-148

by Senators Evans, Chlouber, Dennis, Dyer, Epps, Hillman, Musgrave, Owen, Pascoe; also Representative McPherson--Concerning the prohibition of certain types of provisions in contracts between health insurance carriers and health care providers.

Committee on Health, Environment, Welfare, & Institutions

SB00-170

by Senator Tanner; also Representative Johnson--Concerning the preservation of historic Dearfield, and making an appropriation therefor.

Committee on State, Veterans, & Military Affairs

Committee on Appropriations

SB00-205

by Senator Wattenberg; also Representative Smith--Concerning a limitation on the state's liability regarding eligible damage to commercial agricultural resources caused by wildlife.

Committee on Agriculture, Livestock, & Natural Resources

______________

INTRODUCTION OF RESOLUTIONS

The following resolution was read by title and referred to the committee indicated:

HJR00-1025

by Representatives Hagedorn, and Morrison; also Senators Phillips, and Wham--Concerning patients' rights, and, in connection therewith, urging Congress to amend the federal "Employee Retirement Income Security Act of 1974" to include additional health benefit coverages.

Committee on Health, Environment, Welfare, & Institutions

WHEREAS, Colorado has incorporated several important benefits for insureds within the past ten years; and

WHEREAS, Colorado has mandated insurance coverage for health benefit plans subject to state regulation, including the following benefits:

• Diabetes treatment;

• Prostate screenings;

• Newborn coverage, including forty-eight-hour maternity stays in hospitals for typical deliveries and ninety-six-hour stays for mothers who undergo a caesarian;

• Immunizations for children;

• Low-dose mammography for females;

• Coverage for dependent children;

• Hospice care if hospitalization coverage is offered;

• Limited treatment of some mental health conditions;

• Parity to any other medical condition for schizophrenia, schizoaffective disorders, bipolar disorder, major depressive disorder, specific obsessive compulsive disorders, and panic disorder; and

•General anesthesia for dental procedures for dependents; and

WHEREAS, Insurance carriers are required to advise individuals that coverage is available for alcohol addiction treatment and that the person may obtain such coverage; and

WHEREAS, Colorado has adopted provisions to allow females direct access to obstetric and gynecological care and provides for insurance reimbursement for the services of a certified midwife; and

WHEREAS, Colorado law also provides for consumer protections related to:

• Benefit disclosure forms;

• Elimination of restrictions on communications between a health care provider and a patient;

• Continuity of care;

• Standing referrals to specialists;

• Adoption of the prudent lay person standard when seeking emergency medical assistance;

• Independent external review of denial of medical benefits;

• The prompt payment of medical expenses; and

•Limitations on the liability of insureds for financial responsibilities owed to the health care provider by the insurer; and

WHEREAS, The provisions that have been enacted by Colorado serve the citizens and should be adopted by the United States Congress as an amendment to the federal"Employee Retirement Income Security Act of 1974" (ERISA); and

WHEREAS, Amending ERISA to include the consumer protections and mandated benefits that currently exist in Colorado would benefit Coloradans who receive health insurance through self-funded insurance programs, as well as other residents of the United States; now, therefore,

Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado, the Senate concurring herein:

(1) That the Colorado General Assembly recognizes the importance of improving patients' rights;

(2) That the 106th Congress of the United States be urged to enact legislation to expand patients' rights for self-funded insurance programs to include all of the mandated and consumer protection benefits that exist in Colorado; and

(3) That the Colorado General Assembly requests the state's Congressional delegation to support legislation for the enhancement of patients' rights at the Congressional level.

Be It Further Resolved,

That copies of this joint resolution be sent to the Speaker of the United States House of Representatives, the Majority Leader of the United States House of Representatives, the Minority Leader of the United States House of Representatives, the President of the United States Senate, the Majority Leader of the United States Senate, the Minority Leader of the United States Senate, and all members of the Colorado Congressional delegation.

_________

The following resolution was read by title and laid over one day under the rules:

HJR00-1026

by Representative Hagedorn; also Senator Linkhart--Concerning honoring the Metropolitan State College of Denver men's basketball team.

WHEREAS, On March 25, 2000, the Metropolitan State College of Denver (MSCD) Roadrunners men's basketball team played the Kentucky Wesleyan Panthers in the nationally televised NCAA basketball Division II Final at the Kentucky International Convention Center in Louisville, Kentucky; and

WHEREAS, The Roadrunners played the championship game in the opponent's home state and near the opponent's home court; and

WHEREAS, The Roadrunners faced a tough Kentucky Wesleyan team that had over 30 victories, a 10-game winning streak, and a 12-rebounds-per-game average over opponents and that held virtually every Division II postseason record, including wins and championships; and

WHEREAS, The Roadrunners entered the championship game having outscored this year's tournament opponents by an average of 14 points; and

WHEREAS, The Roadrunners in the championship game raced to a 31-14 lead early in the game, led 50-30 at halftime, and never trailed Kentucky Wesleyan; and

WHEREAS, The Roadrunners trounced Kentucky Wesleyan 97-79 to win the NCAA Division II Championship; and

WHEREAS, No other team in Colorado has advanced this far in any NCAA men's basketball division; and

WHEREAS, With their victory in the NCAA Division II Final, the 1999-2000 Roadrunners men's basketball team won the first national basketball title for a Colorado school, and won MSCD's first national title in any sport; and

WHEREAS, The Roadrunners remain Colorado's most successful NCAA basketball team ever; and

WHEREAS, Roadrunner Coach Mike Dunlap has done an outstanding job at MCSD, having coached the Roadrunners to an 86-15 cumulative record and a national title; and

WHEREAS, The Roadrunners' 2000-2001 men's basketball team is expected to once again be in the top rank of Division II teams in the country; now, therefore,

Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado, the Senate concurring therein:

That we, the members of the General Assembly, extend our congratulations to the players, coaches, and staff who comprise the Metropolitan State College of Denver Roadrunners men's basketball team for their success and for winning the NCAA Division II championship in the 1999-2000 season.

Be it further resolved,

That a copy of this Resolution be transmitted to Mike Dunlap, head coach of the Roadrunners basketball team, Sheila Kaplan, president of Metropolitan State College of Denver, and to each member of Colorado's Congressional delegation.

_______________

House in recess. House reconvened.

_______________

REPORTS OF COMMITTEES OF REFERENCE

APPROPRIATIONS

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

HB00-1082

be postponed indefinitely.

HB00-1169

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

Amend the Judiciary Committee Report, dated February 3, 2000, page 5, line 9, strike "five" and substitute "two hundred fifty-one thousand nine hundred seventy-seven dollars ($251,977) and 6.4 FTE,";

strike line 10;

line 11, strike "($539,388) and 13.7 FTE,";

line 18, strike "act."." and substitute "act.";

after line 18, insert the following:

"(3) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by seventy-two thousand two hundred fifteen dollars ($72,215).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by seventy-two thousand two hundred fifteen dollars ($72,215).".".

HB00-1177

be postponed indefinitely.

HB00-1183

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

Amend the Finance Committee Report, dated March 9, 2000, page 3, line 19, strike "

may

" and substitute "

shall

Page 7, line 28, strike "

C.R.S."."

and substitute "

C.R.S.";

after line 28, insert the following:

SECTION 4. Appropriation.

(1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the boxing cash fund, created in section 12-10-109 (2), Colorado Revised Statutes, not otherwise appropriated, to the department of regulatory agencies, executive director's office, for the fiscal year beginning July 1, 2000, the sum of fifty-four thousand two hundred seventy-four dollars ($54,274), or so much thereof as may be necessary, for the implementation of this act.

(2) In addition to any other appropriation, there is hereby appropriated to the department of law, for the fiscal year beginning July 1, 2000, the sum of ten thousand five hundred seventy-four dollars ($10,574) and 0.1 FTE, or so much thereof as may be necessary, for the provision of legal services to the department of regulatory agencies related to the implementation of this act. Said sum shall be from cash funds exempt received from the executive director's office in the department of regulatory agencies out of the appropriation made in subsection (1) of this section.";

line 31, strike ""

commission."."

and substitute ""

commission, and making an appropriation therefor.".".

HB00-1227

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

Amend the Finance Committee Report, dated February 2, 2000, page 1, after line 7, insert the following:

"Page 18, line 3, after "(31)", insert "(a)";

strike lines 6 through 8 and substitute the following:

state controller containing the amount by which registration fees collected pursuant to this section during the immediately preceding month were or would have been reduced by the application of

line 9, strike "00-____," and substitute "00-1227,";

after line 10, insert the following:

"(b)

For purposes of the monthly reports required by paragraph

(a)

of this subsection (31) and for consultation with the state controller pursuant to section 24-75-216 (2), C.R.S., the executive director of the department shall compare the amount of registration fees collected during each month of fiscal year 2000-01 with the amount of such fees collected during the same month of fiscal year 2001-02 and, using the total number of vehicles by weight and class, determined each month, shall calculate, as nearly as is practicable using such data, the net reduction in registration fees resulting from the application of the fee reductions enacted by House Bill 00-1227, enacted at the second regular session of the sixty-second general assembly.

Page 19, strike line 1 and substitute the following:

to the application of the fee reductions enacted by House Bill 00-1227, enacted at the second regular session of the sixty-second general assembly.

line 5, strike "

For each

" and substitute "(1) (a)

This section shall apply to state fiscal years 2000-01 through 2004-05, and to any state fiscal year thereafter for which the state controller certifies to the executive director of the department of revenue pursuant to subsection (2) of this section that there will be sufficient excess state revenues.

(b)

For each

line 6, strike "

treasurer

" and substitute "

controller

strike line 15 and substitute the following:

"month. As soon possible after receiving the report of the amount of registration fees not collected due to said fee reductions, the state controller shall adjust the allocation for the previous month to reflect such amount. Such adjustment shall be based upon the written reports from the executive director of the department of revenue submitted pursuant to section 42-3-134 (31), C.R.S.

(2)

On or before September 1, 2004, and on or before each September 1 thereafter, the state controller, after consultation with the department of revenue, shall certify to the executive director of the department of revenue whether the controller estimates that, without a reduction in vehicle registration fees pursuant to House Bill 00-1227, enacted at the second regular session of the sixty-second general assembly, there will be an excess of state revenue in that state fiscal year that will be required to be refunded pursuant to section 20 of article X of the state constitution that is in an amount equal to or greater than the revenue that would be lost due to such reduction.

(3)

The general assembly hereby finds and declares that the temporary state motor vehicle registration fee reduction authorized by House Bill 00-1227, enacted at the second regular session of the sixty-second general assembly, is a reasonable method of refunding a portion of the excess state revenues required to be refunded in accordance with section 20 (7) (

) of article X of the state constitution.

".";

line 8 of the committee report, strike "line 13," and substitute "line 11,";

line 9 of the committee report, strike ""

SECTION 6.

" and substitute ""

SECTION 5.

strike line 17 of the committee report and substitute the following:

"Renumber succeeding sections accordingly.

Page 20, strike lines 12 and 13 and substitute the following:

SECTION 6. Effective date - applicability.

Sections 5, 6, and 7 of this act shall take effect July 1, 2000. Sections 1 through 4 of this act shall take effect July 1, 2001, and shall apply in any fiscal year in which the state controller certifies to the executive director of the department pursuant to section 24-75-216, Colorado Revised Statutes, that there is anticipated to be sufficient excess state revenue.".".

HB00-1228

be postponed indefinitely.

HB00-1231

be postponed indefinitely.

HB00-1305

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

HB00-1327

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

Amend the Judiciary Committee Report, dated February 10, 2000, page 1, strike lines 7 through 12 and substitute the following:

Section 10. 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.".";

strike lines 14 and 15.

HB00-1355

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

Amend the House Finance Committee Report, dated February 2, 2000, page 1, strike lines 1 and 2 and substitute the following:

"Amend printed bill, page 9, line 13, strike "

thirty

" and substitute "

twenty

line 21, strike "twenty" and substitute "fifteen".".

HB00-1370

be postponed indefinitely.

HB00-1378

be postponed indefinitely.

HB00-1389

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

Amend printed bill, page 5, line 15, after the comma, insert "medical services administration,";

line 16, strike "_______ dollars ($ )," and substitute "sixty-one thousand twenty-three dollars ($61,023) and 1.0 FTE,";

line 17, after the period, insert the following:

"The general assembly anticipates that, for the fiscal year beginning July 1, 2000, the department of health care policy and financing, medical services administration, will receive the sum of one hundred thirty thousand twenty-eight dollars ($130,028) in federal funds for the implementation of this act. Although these funds are not appropriated in this act, they are noted for the purpose of indicating the assumptions used relative to these funds. Of these general fund and federal fund sums, fifty-three thousand thirty-nine dollars ($53,039) and 1.0 FTE shall be for personal services and operating expenses, one hundred thirty thousand dollars ($130,000) shall be for the medicaid management information system, and eight thousand twelve dollars ($8,012) shall be for contractual utilization review.";

line 22, strike "_______ dollars ($ )." and substitute "sixty-one thousand twenty-three dollars ($61,023).";

line 24, strike "________" and substitute "sixty-one thousand twenty-three dollars ($61,023).";

strike line 25.

HB00-1395

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

Amend the Business Affairs and Labor Committee Report, dated February 15, 2000, strike page 1.

Strike page 2 and substitute the following:

"Amend printed bill, page 3, strike lines 5 through 26.

Strike page 4 and substitute the following:

"(1)

There is hereby created, in the department of state, a task force on information policy to meet before and during the 2001 interim. The task force shall recommend legislation for the 2002 legislative session, as well as administrative policies to be adopted by state agencies, governing the appropriate collection, storage, and transfer of data by and among information systems, both public and private.

(2)

The task force shall consist of twenty-three members, as follows:

(a)

The secretary of state or his or her designee;

(b)

The attorney general or his or her designee;

(c)

The following seventeen members appointed by the governor:

(I)

One representative of executive-branch government agencies other than the department of state and the office of the attorney general;

(II)

One representative of the judicial branch of government, nominated by the chief justice of the Colorado supreme court;

(III)

Fifteen persons who are not currently employees of state government. These fifteen members shall be appointed by and serve at the pleasure of the governor, and each shall represent one or more of the following groups: Consumers; persons fifty-five years of age or older; providers of electronic information pertaining to individuals; banks and providers of financial services; county clerks and recorders; health care providers; insurers, insurance agencies, or bail bonding agents; businesses engaged in telemarketing or direct mail marketing; providers of telecommunications service; small businesses; attorneys; private investigators; or law enforcement agencies; and

(d)

Two members of the house of representatives and two members of the senate, appointed in accordance with applicable rules of the house of representatives and senate respectively.

(3)

The secretary of state or his or her designee shall serve as chairperson of the task force.

(4)

Members of the task force shall be appointed within ninety days following the effective date of this part 3.

(5)

Members of the task force shall serve without compensation other than reimbursement for their reasonable and actual expenses incurred to attend meetings.

(6)

Members of the task force shall represent as broad a spectrum as possible of the constituency they were appointed to represent and shall advocate the views of such constituency in a fair and unbiased manner.

".".

Page 3 of the committee report, strike lines 2 and 3 and substitute the following:

"strike line 7 and substitute "

least quarterly, beginning in September, 2000, or as soon thereafter as the secretary of state certifies that adequate funding is available as contemplated in subsections (5) and (6) of this section, to:

".";

line 12 of the committee report, strike "

may be fully or partly

" and substitute "

shall be fully

line 16 of the committee report, strike "

sources.

";" and substitute the following:

sources. The secretary of state is authorized to, and shall, accept such contributions and shall deposit such contributions in the department of state cash fund. Payment of the costs associated with the task force and its activities shall be paid by the secretary of state from the department of state cash fund in accordance with the budget prepared by the secretary of state and approved by the task force as provided in subsection (6) of this section. None of such costs shall be paid from the general fund of the state. Notwithstanding any provision of this part 3 to the contrary, the task force shall not meet and no costs associated with the task force and its activities shall be paid until the secretary of state certifies that sufficient contributions have been received to pay the full amount of the estimated costs and expenses set forth in the budget prepared and approved as provided in subsection (6) of this section.

";";

line 18 of the committee report, strike "Page 7, strike" and substitute the following:

"Page 7, line 6, strike "(5)" and substitute "(6)";

strike";

after line 21, insert the following:

"after line 17, insert the following:

SECTION 2. Appropriation - adjustment in 2000 long bill.

(1) In addition to any other appropriation, there is hereby appropriated, to the governor - lieutenant governor - state planning and budgeting, office of innovation and technology, for the information privacy task force, for the fiscal year beginning July 1, 2000, the sum of twenty-eight thousand one hundred forty-four dollars ($28,144), or so much thereof as may be necessary, for the implementation of this act. Said sum shall be cash funds exempt from contributions from state, federal, regional, county, municipal, special district, or other governmental units or subdivisions; private business and industry; nonprofit organizations; and other sources.".

Renumber succeeding section accordingly.".

Page 3, line 22, strike "line" and substitute "Page 7, line";

after line 22, insert the following:

"Page 1, line 105, strike "

entities

." and substitute "

entities, and making an appropriation in connection therewith

.".

HB00-1418

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

Amend printed bill, page 3, line 26, strike "

November

15, 2001," and substitute "

November

1, 2001," and strike "

on November

15" and substitute "

ovember

1".

Page 7, after line 4, insert the following:

SECTION 3. Appropriation

- adjustment in 2000 long bill.

(1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the legislative department, for the fiscal year beginning July 1, 2000, the sum of fifty-one thousand nine hundred ninety-two dollars ($51,992) and 1.1 FTE, or so much thereof as may be necessary, for the implementation of this act. Of such sum, seven thousand six hundred thirty-two dollars ($7,632), shall be allocated to the general assembly; forty thousand three hundred ten dollars ($40,310) and 1.0 FTE, shall be allocated to the legislative council; and, four thousand fifty dollars ($4,050) and 0.1 FTE, shall be allocated to the office of legislative legal services.

(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by

fifty-one thousand nine hundred ninety-two dollars ($51,992)

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by

fifty-one thousand nine hundred ninety-two dollars ($51,992).".

Renumber succeeding section accordingly.

Page 1, line 102, strike "

government."

and substitute "

government, and making an appropriation in connection therewith."

HB00-1428

be postponed indefinitely.

________________

On motion of Representative Larson, 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

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

HB00-1111

by Representative Miller; also Senator Blickensderfer--Concerning production of false identification documentation.

Amendment No. 1

, Judiciary Report, dated January 18, 2000, and placed in member’s bill file; Report also printed in House Journal, January 20, page 124.

Amendment No. 2

, Appropriations Report, dated March 29, 2000, and placed in member’s bill file; Report also printed in House Journal, March 30, pages 1167-1168.

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

HB00-1158

by Representatives Veiga, Kaufman, Hagedorn--Concerning domestic violence, and making an appropriation therefor.

Laid over until April 6, retaining place on Calendar.

HB00-1166

by Representatives Grossman, Hagedorn; also Senator Wham--Concerning a requirement for genetic testing of certain offenders.

Amendment No. 1

, Judiciary Report, dated February 1, 2000, and placed in member’s bill file; Report also printed in House Journal, February 3, page 309.

Amendment No. 2

, Appropriations Report, dated March 29, 2000, and placed in member’s bill file; Report also printed in House Journal, March 30, page 1169.

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

HB00-1171

by Representative Taylor; also Senator Blickensderfer--Concerning an exclusion of certain income from federal taxable income for Colorado income tax purposes, and, in connection therewith, excluding certain interest income, dividend income, net capital gains, and net capital gains as adjusted for inflation from the income tax imposed on individuals, estates, and trusts.

Amendment No. 1

, Appropriations Report, dated March 29, 2000, and placed in member’s bill file; Report also printed in House Journal, March 30, pages 1169-1171.

Amendment No. 2

, by Representative Taylor.

Amend the Appropriations Committee Report, dated March 29, 2000, page 1, before line 1, insert the following:

"Strike the Finance Committee Report, dated February 3, 2000, and substitute the following:";

line 1, strike "Amend" and substitute ""Amend".

Page 3 of the Appropriations Committee Report, line 2, strike "5."." and substitute "5.".".".

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

HB00-1232

by Representatives Stengel, Lee, Pfiffner, Clapp, Decker, Fairbank, Kaufman, Larson, Mitchell, Sinclair, and Spence--Concerning the creation of a database on the Internet to provide information about persons convicted of unlawful sexual behavior.

Amendment No. 1

, Judiciary Report, dated February 1, 2000, and placed in member’s bill file; Report also printed in House Journal, February 3, page 311.

Amendment No. 2

, Appropriations Report, dated March 29, 2000, and placed in member’s bill file; Report also printed in House Journal, March 30, page 1171.

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

HB00-1280

by Representatives Berry, Bacon, Gagliardi, George, Gotlieb, Hoppe, Kaufman, Kester, Larson, Leyba, McKay, Saliman, Swenson, Taylor, Tool, Webster, Witwer, Zimmerman; also Senators Owen, Arnold, Chlouber, Dyer, Epps, Lacy, Nichol, Phillips, Sullivant, Teck, Wattenberg, Weddig--Concerning the determination of prevailing total compensation for state troopers employed by the Colorado state patrol.

Amendment No. 1

, Business Affairs & Labor Report, dated February 8, 2000, and placed in member’s bill file; Report also printed in House Journal, February 10, page 435.

Amendment No. 2

, Appropriations Report, dated March 29, 2000, and placed in member’s bill file; Report also printed in House Journal, March 30, pages 1171-1172.

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

HB00-1317

by Representative Tool; also Senator Anderson--Concerning sex offenders, and making an appropriation in connection therewith.

Amendment No. 1

, Judiciary Report, dated February 17, 2000, and placed in member’s bill file; Report also printed in House Journal, February 18, page 634.

Amendment No. 2

, Appropriations Report, dated March 29, 2000, and placed in member’s bill file; Report also printed in House Journal, March 30, pages 1172-1173.

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

HB00-1351

by Representatives Hefley, Spradley, Decker, Johnson, and Spence; also Senator Musgrave--Concerning modification of the state tax policy relating to child care.

Amendment No. 1

, Finance Report, dated February 2, 2000, and placed in member’s bill file; Report also printed in House Journal, February 4, page 366.

Amendment No. 2

, Appropriation Report, dated March 29, 2000, and placed in member’s bill file; Report also printed in House Journal, March 30, pages 1173-1175.

Amendment No. 3

, by Representatives Scott, Hefley.

Amend the Appropriations Committee Report, dated March 29, 2000, page 2, after line 9, insert the following:

"line 6, strike "

one hundred

" and substitute "

seventy"

;";

after line 13 of the committee report, insert the following:

"line 16, strike "

two

" and substitute "

three

";";

after line 14 of the committee report, insert the following:

"Page 5, line 4, strike "

two

" and substitute "

three

";";

line 15 of the committee report, strike "Page 5,";

line 17 of the committee report, strike "

seventy-five

" and substitute "

sixty-four

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

HCR00-1002

by Representative Witwer; also Senator Evans--Concerning the submission to the registered electors of the state of Colorado of an amendment to article X of the constitution of the state of Colorado, establishing a homestead exemption for a specified percentage of a limited amount of the actual value of owner-occupied residential real property that is the primary residence of an owner-occupier who is sixty-five years of age or older and has resided in such property for five years or longer, and, in connection therewith, allowing the general assembly by law to adjust the maximum amount of actual value of such residential real property of which such specified percentage shall be exempt, requiring the aggregate statewide valuation for assessment that is attributable to residential real property to be calculated as if the full actual value of all owner-occupied primary residences that are partially exempt from taxation was subject to taxation for the purpose of determining the biennial adjustment to be made to the ratio of valuation for assessment for residential real property, requiring the general assembly to compensate local governmental entities for the net amount of property tax revenues lost as a result of the homestead exemption, and specifying that said compensation shall constitute a voter-approved revenue change and shall not be included in state or local government fiscal year spending or subject to any statutory limitation on general fund appropriations.

Amendment No. 1

, Finance Report, dated March 2, 2000, and placed in member’s bill file; Report also printed in House Journal, March 3 page 826.

Amendment No. 2

, Appropriations Report, dated March 29, 2000, and placed in member’s bill file; Report also printed in House Journal, March 30, page 1175.

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

HB00-1446

by Representatives McPherson, Fairbank, George, Hefley, Kaufman, Kester, Mitchell, Morrison, Paschall, Stengel, Taylor, Tool, Williams T., Witwer; also Senators Hillman, Anderson, Blickensderfer, Dennis, Dyer, Owen, Perlmutter, Teck, Wattenberg, Wham--Concerning the exclusion of host home providers from the applicability of the term "employee" for purposes of workers' compensation.

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

HB00-1447

by Representatives Dean, Tate, Coleman; also Senator Chlouber--Concerning regulatory processes to ensure increased competition in the retail telecommunications market.

Laid over until April 7, retaining place on Calendar.

HB00-1457

by Representative Mace; also Senator Wham--Concerning the extension of the old age pension work incentive program.

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

SB00-188

by Senators Blickensderfer, Phillips; also Representative McPherson--Concerning requirements for providing copies of patient records to patients or their designated representatives.

Amendment No. 1

, by Representatives McPherson, Pfiffner.

Strike the Judiciary Committee Report, dated March 30, 2000, and substitute the following:

"Amend reengrossed bill, page 3, line 25, after "

the

" insert "

house of representatives and senate committees on health, environment, welfare, and institutions of the

Page 4, line 3, strike "

services;

" and substitute "

services. The board shall provide to the house of representatives and senate committees on health, environment, welfare, and institutions of the general assembly an interim report on this factor by December 31, 2001.

Page 8, line 9, after "

the

" insert "

house of representatives and senate committees on health, environment, welfare, and institutions of the

".".

Amendment No. 2

, by Representative McPherson.

Amend reengrossed bill, page 4, line 17, after "

C.R.S.,

", insert "

or by a public defender under title 21, C.R.S.

,";

line 19, strike "

attorney.

" and substitute "

attorney or public defender.

Page 9, line 1, after "

C.R.S.,

", insert "

or by a public defender under title 21, C.R.S.,

line 3, strike "

attorney.

" and substitute "

attorney or public defender.

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

HB00-1456

by Representatives Paschall, Coleman, George, Kester, Larson, May, McKay, Spradley, and Zimmerman; also Senators Wattenberg, Hillman, Anderson, Matsunaka, and Phillips--Concerning a requirement that insurers notify parties of the status of a claim in a timely manner.

Laid over until April 7, retaining place on Calendar.

HB00-1438

by Representative Taylor; also Senator Wattenberg--Concerning repeal of the power of the Colorado water conservation board regarding conditional water rights for instream flow uses in the Yampa river basin.

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

HB00-1439

by Representatives Taylor, Scott; also Senator Wattenberg--Concerning the period of years for which an owner or operator of a producing mine may state an average figure for certain items that such owner or operator is required to specify in the annual statement filed with the county assessor for purposes of valuation for assessment of such mine.

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

HB00-1460

By Representatives Hoppe, Alexander, Gotlieb, Hefley, Johnson, Kester, Miller, Mitchell, Smith, Taylor, Webster, Williams T., and Young; also Senator Hillman--Concerning divisions within the department of natural resources pertaining to the conservation of native vegetation.

Amendment No. 1

, Agriculture, Livestock, & Natural Resources Report, dated March 30, 2000, and placed in member’s bill file; Report also printed in House Journal, March 31, page 1226.

Amendment No. 2

, by Representatives Hoppe, Smith.

Amend printed bill, page 2, strike lines 17 through 26 and substitute the following:

"a degree from an accredited school in their professional field. The board may

~~designate, as its agent to carry out the provisions of this part 2,~~

appoint, pursuant to its personnel powers, in consultation with the executive director of the department

of natural resources, to carry out the provisions of this part 2 and part 3 of this article,

a professional forester, to be known as the state forester, whose duties shall be primarily of an educational or regulatory nature.".

Amendment No. 3

, by Representatives Hoppe, Smith, Grossman, Plant.

Amend printed bill, page 6, line 19, strike "

timber

" and substitute "

forest products

line 20, strike "

the environmental community.

" and substitute "

an organization dedicated to forest and wildlife habitat preservation.

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

On motion of Representative Dean, the remainder of the General Orders Calendar (

SCR00-002, HB00-1140, SB00-190, HB00-1052, 1063, 1168, 1257, 1263, 1270, 1274, 1275, 1295, 1318, 1440, 1445, 1448, 1449, 1450, 1454, SB00-011, HB00-1162

) was laid over until April 6, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading:

HB00-1111 amended, 1166 amended, 1171 amended, 1232 amended, 1280 amended, 1317 amended, 1351 amended, HCR00-1002 amended, HB00-1446, 1457, SB00-188 amended, HB00-1438, 1439, 1460 amended

Laid over until date indicated retaining place on Calendar:

SCR00-002, HB00-1140, 1158, SB00-190, HB00-1052, 1063, 1168, 1257, 1263, 1270, 1274, 1275, 1295, 1318, 1440, 1445, 1448, 1449, 1450, 1454, SB00-011, HB00-1162

--April 6, 2000.

HB00-1447, 1456

--April 7, 2000.

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 58 NO 0 EXCUSED 7 ABSENT 0

Alexander Y

Allen E

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke E

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 E

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott E

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate E

Taylor Y

Tochtrop Y

Tool Y

Tupa E

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker E

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

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

HB00-1078, the President appointed Senators Epps, Chm., Evans, and Nichol 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

HB00-1202, the President appointed Senators Musgrave, Chm., Evans, and Tanner 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

HB00-1326, the President appointed Senators Lamborn, Chm., Evans, and Nichol as members of the First Conference Committee on the part of the Senate.

______________

MESSAGE FROM THE GOVERNOR

I certify I received the following on the 5

^th

day of April, 2000, at 3:30 p.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 5, 2000

To the Honorable

House of Representatives

Sixty-second General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

HB00-1007

Concerning Revenues Received By The Regional Transportation District.

Approved April 5, 2000 at 12:44 p.m.

HB00-1265

Concerning The Definition Of “Borrower” In The “Colorado Agricultural Development Act”.

Approved April 5, 2000 at 12:43 p.m.

Sincerely,

(signed)

Bill Owens

Governor

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until April 6, retaining place on Calendar:

Consideration of Conference Committee report--

HCR00-1001

Consideration of Resolutions--

HJR00-1008, SJR00-005, HJR00-1012, 1007, HR00-1011, 1012, HJR00-1014, 1020, 1021, 1023, 1024, SJR00-011

Consideration of Senate amendments--

HB00-1243, 1114, 1347, 1322, 1208, 1336

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., April 6, 2000.

Approved:

Attest: RUSSELL GEORGE,

Speaker

JUDITH RODRIGUE,

Chief Clerk

LC: