Journal for 01/18/2000

House Journal--14th Day--January 18, 2000

0/18/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Fourteenth Legislative Day Tuesday, January 18, 2000

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

The roll was called with the following result:

Present--64.

Excused--Representative Mitchell--1.

The Speaker declared a quorum present.

_______________

On motion of Representative Vigil, the reading of the journal of January 17, 2000, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORT OF COMMITTEE OF REFERENCE

HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

HB00-1039

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

______________

INTRODUCTION OF BILL
First Reading

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

HB00-1250

by Representative Williams T.; also Senator Anderson--Concerning the creation of the "Arbitration Fairness Act".

Committee on Judiciary

______________

PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed:

HB00-1250.

_______________

THIRD READING OF BILL--FINAL PASSAGE

The following bill was considered on Third Reading. The title was publicly read. Reading of the bill at length was dispensed with by unanimous consent.

HB00-1141

by Representatives Dean, George, Spradley, Gordon; also Senators Blickensderfer, Powers, Feeley--Concerning the clarification of statutes relating to the conduct of interim activities of the general assembly.

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 51 NO 12 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez E

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman N

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell E

Morrison N

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis N

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa N

Veiga N

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

______________

CONSIDERATION OF RESOLUTIONS

HR00-1005

by Representatives Dean, George, Spradley, Gordon--Concerning categories of house committees.

Laid over until May 4.

HR00-1007

by Representatives Dean, George, Spradley, Gordon--Concerning reconsideration.

(Printed and placed in Member's file; also printed in House journal, January 7, pages 46-47.)

Amendment No. 1

, moved by Representative Tate.

Amend printed resolution, page 2, line 9, strike "

committee

;" and substitute "

committee and no further motion to reconsider in the committee shall be in order

;".

The amendment was declared

passed

viva voce

vote.

Amendment No. 2

, moved by Representative Tate.

Amend printed resolution, page 2, line 17, strike "

Notice of intention to move

" and substitute "

After a question has been decided by the committee, any member recorded as having voted on the prevailing side may give notice of intention to move to reconsider. Notice having been given, such member may move to reconsider at the same meeting or at the next meeting of the committee.

strike lines 18 and 19.

The amendment was declared

lost

by the following roll call vote:

YES 23 NO 39 EXCUSED 3 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry N

Chavez E

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb N

Grossman Y

Hagedorn Y

Hefley N

Hoppe N

Johnson N

Kaufman N

Keller Y

Kester N

King N

Larson N

Lawrence N

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson E

Miller N

Mitchell E

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 N

Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool N

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams, S. Y

Williams, T. N

Windels Y

Witwer N

Young N

Zimmerman Y

Mr. Speaker N

On motion of Representative Dean, the resolution as amended was

adopted

by the following roll call vote:

YES 62 NO 0 EXCUSED 3 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez E

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 E

Miller Y

Mitchell E

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 Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsor added: Representative Kaufman.

HJR00-1002

by Representatives Dean, George, Spradley, Gordon; also Senators Blickensderfer, Powers, Feeley--Concerning changes to the Joint Rules relating to interim committees.

(Printed and placed in Member's file; also printed in House journal, January 12, 2000, page 67-69.)

Amendment No. 1

, moved by Representative Dean.

Amend printed resolution, page 1, strike line 26 and substitute the following:

statute or resolution that operates during the interim

may recommend

to the Legislative Council for consideration as an approved interim committee bill

more than

~~four~~

Page 2, line 27, after the period, add "

In addition to any bills recommended for approval as interim committee bills, the legislative committees created in article 3 of title 2, Colorado Revised Statutes, and the committees of reference performing the duties required in section 24-1-136 and 24-34-104, Colorado Revised Statutes, may, in accordance with their statutory authority, recommend any additional bills for introduction during a legislative session. Such additional bills shall be exempt from the five-bill limitation set out in subparagraph (A) of this paragraph (1).

strike lines 45 through 47.

Page 3, strike lines 1 through 5 and substitute the following:

"(b)

Any bill or joint resolution that creates or authorizes any studies to be conducted during the interim that require funding from the legislative budget or the use of legislative staff resources or any bill or joint resolution that allocates any additional legislative staff resources during the interim shall be reviewed and prioritized by the legislative council in accordance with section 2-3-303.3, Colorado Revised Statutes. For purposes of such review, the committees of reference shall send a copy of any such bill or resolution to the legislative council. When the review and prioritization is completed by the legislative council, the staff of legislative council shall inform the committees of reference of the action taken by the legislative council regarding approval and prioritization.

If a bill or joint resolution receives approval and prioritization by the legislative council, it may then be approved by the committee of reference and sent directly to the committee of the whole unless referral to another committee is appropriate.".

The amendment was declared

passed

viva voce

vote.

On motion of Representative Dean, the resolution as amended was

adopted

by the following roll call vote:

YES 56 NO 7 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez E

Clapp Y

Clarke N

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi N

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 N

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis N

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa N

Veiga Y

Vigil N

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

HR00-1008

by Representatives Dean, George, Spradley, Gordon--Concerning legislative council acting as a committee of reference.

Laid over until May 4.

HR00-1009

by Representatives Dean, George, Spradley, Gordon--Concerning electronic participation in committees of reference.

(Printed and placed in Member's file; also printed in House journal, January 12, 2000, page 69.)

On motion of Representative Dean, the resolution was

adopted

viva voce

vote.

_______________

REPORT OF COMMITTEE OF REFERENCE

LOCAL GOVERNMENT

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

HB00-1154

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

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

SECTION 1.

24-75-601, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

24-75-601. Definitions.

As used in this part 6, unless the context otherwise requires:

(2.5)

"Qualified provider" means either a state bank located in the state of Colorado or a national bank, either one of which:

(a)

Is insured by the federal deposit insurance corporation;

(b)

Has a long-term debt rating of "A" or better from at least two nationally recognized rating organizations;

(c)

Is financially and operationally stable as determined by the public entity;

(d)

Has at least one other public fund customer participating in its securities lending program; and

(e)

Has a securities lending program in place for a minimum of three years.

SECTION 2.

24-75-601.1 (1), Colorado Revised Statutes, is amended to read:

24-75-601.1. Legal investments of public funds.

(1) It is lawful to invest public funds in any of the following securities if the period from the date of purchase of such security to its maturity date is five years or less or if the governing body of the public entity authorizes investment for such period in excess of five years:

(n)

A securities lending agreement using any securities authorized in paragraph

(a)

(b)

of this subsection (1) if all of the following conditions are met:

(I)

The securities lending agreement is entered into with a qualified provider;

(II)

The securities lending agreement requires the qualified provider to provide and maintain collateral with a mutually agreed-upon custodian. Such collateral shall be in the form of either cash, which the qualified provider may invest in a permitted investment stated in the securities lending agreement, or securities that are authorized investments for the public entity. Such collateral shall have a value that is equal to or greater than one hundred two percent of the value of the securities lent by the public entity plus any accrued interest. If the collateral is in the form of corporate securities, the collateral shall have a value that is equal to or greater than one hundred five percent of the value of the securities.

(III)

Either the custodian or the qualified provider if verified by the custodian marks to market daily the value of the collateral with all differences in valuation resolved on a daily basis; except that, if all of the collateral is cash, the difference in valuation need only be resolved at such time as the value of the collateral is less than one hundred percent of the value of the securities;

(IV)

In the case of a county, the securities lending agreement is approved and designated by written resolution duly adopted by a majority vote of the board of county commissioners, which resolution shall be recorded in its minutes.

SECTION 3.

Effective date.

This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, Consideration of General Orders (

HB00-1027, 1086, 1087, 1123, 1097, 1038, 1058, 1075, 1035, 1009, 1113, 1031, 1028, 1106, 1012, 1024

) was laid over until January 19, retaining place on Calendar.

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., January 19, 2000.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk

LC: