Journal for 01/19/2000

House Journal--15th Day--January 19, 2000

0/19/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Fifteenth Legislative Day Wednesday, January 19, 2000

Prayer by the Reverend Craig Burleson, Loving Saints Christian Fellowship, Denver.

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

The roll was called with the following result:

Present--62.

Excused--Representatives Kaufman, Mitchell, Paschall--3.

The Speaker declared a quorum present.

_______________

On motion of Representative Vigil, the reading of the journal of January 18, 2000, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

EDUCATION

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

HB00-1041

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

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

SECTION 1.

Article 20 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

22-20-117. Excess state revenue fund - created.

(1)

There is hereby established in the state treasury the excess state revenue fund, which shall consist of general fund revenues transferred thereto pursuant to subsection (2) of this section. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any moneys remaining in the fund at the end of any fiscal year shall not revert or be transferred to the general fund of the state.

(2) (a)

No later than February 1, 2001, the state treasurer shall transfer an amount of revenues from the general fund to the excess state revenue fund established in subsection (1) of this section equal to the lesser of:

(I)

Sixty-four million six hundred fifteen thousand dollars; or

(II)

The amount of state revenues from sources not excluded from state fiscal year spending that is in excess of the fiscal year spending limitation imposed upon the state by section 20 (7)

(a)

of article X of the state constitution for the 1999-2000 state fiscal year.

(b)

Upon certification that state revenues from sources not excluded from state fiscal year spending exceed the limitation on fiscal year spending imposed upon the state by section 20 (7)

(a)

of article X of the state constitution for the fiscal year commencing on July 1, 2000, the state treasurer shall transfer an amount of revenues from the general fund to the excess state revenue fund established in subsection (1) of this section equal to the lesser of:

(I)

One hundred nineteen million two hundred sixty thousand dollars; or

(II)

The amount of state revenues from sources not excluded from state fiscal year spending that is in excess of the fiscal year spending limitation imposed upon the state by section 20 (7)

(a)

of article X of the state constitution for the 2000-2001 state fiscal year.

(c)

Upon certification that state revenues from sources not excluded from state fiscal year spending exceed the limitation on fiscal year spending imposed upon the state by section 20 (7)

(a)

of article X of the state constitution for the fiscal year commencing on July 1, 2001, the state treasurer shall transfer an amount of revenues from the general fund to the excess state revenue fund established in subsection (1) of this section equal to the lesser of:

(I)

One hundred seventy-nine million five hundred eighty-five thousand dollars; or

(II)

The amount of state revenues from sources not excluded from state fiscal year spending that is in excess of the fiscal year spending limitation imposed upon the state by section 20 (7)

(a)

of article X of the state constitution for the 2001-2002 state fiscal year.

(d)

Upon certification that state revenues from sources not excluded from state fiscal year spending exceed the limitation on fiscal year spending imposed upon the state by section 20 (7)

(a)

of article X of the state constitution for the fiscal year commencing on July 1, 2002, the state treasurer shall transfer an amount of revenues from the general fund to the excess state revenue fund established in subsection (1) of this section equal to the lesser of:

(I)

Two hundred forty-six million forty-five thousand dollars; or

(II)

The amount of state revenues from sources not excluded from state fiscal year spending that is in excess of the fiscal year spending limitation imposed upon the state by section 20 (7)

(a)

of article X of the state constitution for the 2002-2003 state fiscal year.

(e)

Upon certification that state revenues from sources not excluded from state fiscal year spending exceed the limitation on fiscal year spending imposed upon the state by section 20 (7)

(a)

of article X of the state constitution for the fiscal year commencing on July 1, 2003, the state treasurer shall transfer an amount of revenues from the general fund to the excess state revenue fund established in subsection (1) of this section equal to the lesser of:

(I)

Three hundred nineteen million one hundred twenty-five thousand dollars; or

(II)

The amount of state revenues from sources not excluded from state fiscal year spending that is in excess of the fiscal year spending limitation imposed upon the state by section 20 (7)

(a)

of article X of the state constitution for the 2003-2004 state fiscal year.

(f)

Upon certification that state revenues from sources not excluded from state fiscal year spending exceed the limitation on fiscal year spending imposed upon the state by section 20 (7)

(a)

of article X of the state constitution for the fiscal year commencing on July 1, 2004, the state treasurer shall transfer an amount of revenues from the general fund to the excess state revenue fund established in subsection (1) of this section equal to the lesser of:

(I)

Three hundred ninety-nine million four hundred fifteen thousand dollars; or

(II)

The amount of state revenues from sources not excluded from state fiscal year spending that is in excess of the fiscal year spending limitation imposed upon the state by section 20 (7)

(a)

of article X of the state constitution for the 2004-2005 state fiscal year.

(g) (I)

Upon certification that state revenues from sources not excluded from state fiscal year spending exceed the limitation on fiscal year spending imposed upon the state by section 20 (7)

(a)

of article X of the state constitution for any fiscal year commencing on or after July 1, 2005, the state treasurer shall transfer an amount of revenues from the general fund to the excess state revenue fund established in subsection (1) of this section equal to the lesser of:

(A)

An amount equal to eighty percent of the estimated total cost of providing special education programs for children with disabilities statewide; or

(B)

The amount of state revenues from sources not excluded from state fiscal year spending that is in excess of the fiscal year spending limitation imposed upon the state by section 20 (7)

(a)

of article X of the state constitution for such state fiscal year as certified and audited pursuant to section 24-77-106.5, C.R.S.

(II)

The state treasurer shall transfer said amount of revenues to the excess state revenue fund no later than November 1 immediately following the end of the state fiscal year for which such excess state revenues are certified.

(h)

Any transfer of revenues from the general fund to the excess state revenue fund pursuant to the provisions of this section shall not be deemed to be an appropriation subject to the limitation of section 24-75-201.1, C.R.S., because voter approval at the 2000 general election of House Bill 00-1041, enacted at the second regular session of the sixty-second general assembly, constitutes voter approval of a weakening of said limitation.

(i)

Revenues transferred to the excess state revenue fund pursuant to this section shall constitute a voter-approved revenue change, and such revenues shall not be included in either state or local government fiscal year spending for purposes of section 20 of article X of the state constitution and section 24-77-102 (17), C.R.S.

(3)

For fiscal years commencing on and after July 1, 2001, the general assembly shall, by bill, appropriate revenues in the excess state revenue fund in accordance with section 22-20-114

(4) (b).

SECTION 2.

Refer to people under referendum.

This act shall be submitted to a vote of the registered electors of the state of Colorado at the next biennial regular general election, for their approval or rejection, under the provisions of the referendum as provided for in section 1 of article V and section 20 of article X of the state constitution, and in article 40 of title 1, Colorado Revised Statutes. Each elector voting at said general election and desirous of voting for or against said ballot question shall cast a vote as provided by law either "Yes" or "No" on the proposition: "

For the purpose of increasing state funding of the costs of special education programs to at least the eighty percent rate for the 2006-07 fiscal year and fiscal years thereafter, shall the state of Colorado be authorized to retain up to the following amounts of state revenues in excess of the constitutional limitation on state fiscal year spending for the specified fiscal years:

$64,615,000 for the 1999-2000 fiscal year;

$119, 260, 000 for the 2000-01 fiscal year;

$179,585,000 for the 2001-02 fiscal year;

$246,045,000 for the 2002-03 fiscal year;

$319,125,000 for the 2003-04 fiscal year;

$399,415,000 for the 2004-05 fiscal year;

and up to an amount equal eighty percent of the estimated total cost of providing special education programs for children with disabilities statewide for each fiscal year commencing on or after July 1, 2006, notwithstanding any restriction on spending, revenues, or appropriations, including without limitation the restrictions of section 20 of article X of the state constitution and the statutory limitation on state general fund appropriations, and, in connection therewith, requiring annual transfers of excess state revenues for this purpose

?" The votes cast for the adoption or rejection of the question submitted pursuant to subsection (1) of this section shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress.".

HB00-1081

be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 1, strike line 6.

Page 2, strike lines 1 through 15.

Renumber succeeding C.R.S. section numbers accordingly.

Page 3, line 8, strike "39-22-2102" and substitute "39-22-2101";

line 14, strike "39-22-2102" and substitute "39-22-2101".

HB00-1126

be postponed indefinitely.

HB00-1127

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 9, strike "

or mandatory

Page 2, line 1, strike "

fees.

" and substitute "

fees; except that, such a fee or charge may be collected if it requires an affirmative authorization by the student or parent to pay such a fee or charge.

HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

HB00-1023

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 3, strike "(5) (e) (II) (C), (5) (e)" and substitute "(5) (e) (II)";

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

line 8, strike "(a)".

Page 3, strike lines 3 through 26.

Strike page 4.

Page 5, strike lines 1 and 2;

strike lines 15 through 26, and substitute the following:

"(II)

Records in the immunization tracking system established pursuant to subparagraph (I) of this paragraph (e) shall be strictly confidential and shall not be released, shared with any agency or institution, or made public, except under the following circumstances:

~~(A) Release may be made of medical and epidemiological information in a manner such that no individual person can be identified.~~

(B) Release may be made of immunization records and epidemiological information to the extent necessary for the treatment, control, investigation, and prevention of vaccine preventable diseases; except that every effort shall be made to limit disclosure of personal identifying information to the minimal amount necessary to accomplish the public health purpose.

(C) Release may be made of immunization records and epidemiological information to the parent of the infant, the physician treating the person who is the subject of an immunization record, a school in which such person is enrolled, or any entity or person described in sub-subparagraph (E), (F), (G), or (H) of subparagraph (I) of this paragraph (e).

(D) No officer or employee or agent of the state department of public health and environment or local department of health shall be examined in any judicial, executive, legislative, or other proceeding as to the existence or content of any infant's report obtained by such department without consent of the infant's parent. However, this provision shall not apply to infants who are under isolation, quarantine, or other restrictive action taken pursuant to section 25-1-107 (1) (b).

Page 6, strike lines 1 through 6;

line 8, strike "

July 1, 2001."

and substitute "

January 1, 2002.";

after line 16, insert the following:

SECTION 3.

Part 17 of article 4 of title 25, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

25-4-1712. Confidentiality of immunization records.

(1) (a)

The following persons may maintain immunization records for any child:

(I) Any person or entity defined in section 25-4-1705 (5)

(e)

(I) (D), (5) (

) (I) (E), (5) (

) (I) (F), or (5) (

e) (I) (H);

(II)

Any legal guardian or other person who may delegate authority to consent to the immunization of a child pursuant to this part 17;

(III)

Any physician, licensed health care practitioner, clinic, or hospital treating the child who is the subject of an immunization record;

(IV)

Schools;

(V)

Licensed day care centers where the child is or has been enrolled;

(VI)

The department or any local health department; or

(VII)

Any person or entity that has contracted with any of the persons or entities listed in this subsection (1) to maintain immunization records for such person or entity.

(b)

All records maintained by persons listed in paragraph (

of this subsection shall be strictly confidential and shall not be released, shared with any agency or institution, or made public upon subpoena, search warrant, or discovery proceeding, except in the following circumstances:

(I)

Release may be made in a manner such that no individual person may be identified;

(II)

Release may be made to the extent necessary for the treatment, control, investigation, or prevention of vaccine-preventable diseases; except that every effort shall be made to limit disclosure of personal identifying information to the minimum amount necessary to accomplish the public health purposes; or

(III)

Release may be made to any person or entity listed in paragraph

(a)

of this subsection (1).

(2)

No officer, employee, or agent of any person or entity listed in subsection (1) of this section shall be examined in any judicial, executive, legislative, or other proceeding as to the existence or content of any information obtained pursuant to this section without consent of the parent, legal guardian, or child.

Renumber succeeding sections accordingly.

Page 6, line 23, strike "immunization and all vaccines administered" and substitute "immunization.";

strike line 24.

HB00-1077

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

Amend printed bill, page 4, line 15, strike "

" and substitute "

and

Page 6, line 1, strike "

and

line 2, strike "

department.

" and substitute "

department; and

after line 2, insert "

(F) the attorney general or his or her designee.

line 24, after "

regarding

", insert "

reasonable and appropriate

Page 8, line 2, strike "

the state or

Page 9, line 25, strike "

the cause of"

and substitute "

caused by".

Page 11, strike lines 9 through 26.

Strike page 12.

Page 13, strike lines 1 through 4.

Renumber succeeding sections accordingly.

HB00-1078

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 22, after "

knowingly

", insert "

and willfully

line 24, after "

knowingly

", insert "

and willfully

line 26, after "

knowingly

", insert "

and willfully

Page 3, line 4, after "

knowingly

", insert "

and willfully

line 7, after "

knowingly

", insert "

and willfully

Page 4, line 17, after "

information

;", insert "

strike lines 18 and 19.

Renumber succeeding subparagraph accordingly.

Page 6, line 22, strike "

remedy

." and substitute "

remedy; except that, if a penalty is also available under federal law, either the penalty under this part 10 or federal law shall be imposed, but not both.".

LOCAL GOVERNMENT

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

HB00-1176

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 7, strike “

peace

”, and substitute “

health, welfare,

”;

line 8, after the period, add "

This section shall not be construed to authorize the use of private residential property as a church and shall not apply if money or any other form of offering is regularly solicited.

STATE, VETERANS AND MILITARY AFFAIRS

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

HB00-1217

be postponed indefinitely.

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed:

HJR00-1001; HR00-1001, 1002, 1003

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB00-033, 055, 064, 066;

SB00- 003, amended as printed in Senate Journal, January 17, page 109;

SB00- 017, amended as printed in Senate Journal, January 14, page 99;

SB00- 023, amended as printed in Senate Journal, January 17, page 109;

SB00- 035, amended as printed in Senate Journal, January 17, page 109;

SB00- 069, amended as printed in Senate Journal, January 17, page 109.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB00-033, 055, 064, 066; and without comment, as amended, SB00-003, 017, 023, 035, and 069.

_______________

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, 1088, 1155, 1095, 1096, 1057

) was laid over until January 20, retaining place on Calendar.

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., January 20, 2000.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk

LC: