Journal for 02/09/2000

House Journal--36th Day--February 9, 2000

1/9/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Thirty-sixth Legislative Day Wednesday, February 9, 2000

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

The roll was called with the following result:

Present--65.

The Speaker declared a quorum present.

_______________

On motion of Representative Witwer, the reading of the journal of February 8, 2000, was dispensed with and approved as corrected by the Chief Clerk.

_______________

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.

HB00-1137

by Representative McElhany, also Senator Teck--Concerning the licensure of real estate appraisers.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared

passed

YES 63 NO 2 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson N

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall N

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

HB00-1084

by Representatives May, Dean, Hoppe, Johnson, Kester, Larson, McElhany, McKay, McPherson, Paschall, Pfiffner, Sinclair, Taylor, Williams T.; also Senators Andrews, Blickensderfer, Chlouber, Congrove, Epps, Hillman, Lamborn, Musgrave, Powers, Teck--Concerning a requirement that employers not deduct money from employees' paychecks unless the deduction is for a lawful charge or indebtedness.

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 34 NO 31 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb N

Grossman N

Hagedorn N

Hefley Y

Hoppe Y

Johnson Y

Kaufman N

Keller N

Kester Y

King Y

Larson Y

Lawrence N

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 Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool N

Tupa N

Veiga N

Vigil N

Webster Y

Williams S. N

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker N

Co-sponsors added: Representatives

Clapp, Fairbank, Lee, Nuñez, Young

_______________

REPORTS OF COMMITTEES OF REFERENCE

APPROPRIATIONS

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

HB00-1396

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

HB00-1397

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

HB00-1398

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

HB00-1399

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

HB00-1400

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

HB00-1401

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

HB00-1402

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

HB00-1403

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

HB00-1404

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

HB00-1405

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

HB00-1406

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

HB00-1407

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

HB00-1408

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

HB00-1409

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

HB00-1410

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

HB00-1411

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

HB00-1412

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

HB00-1413

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

HB00-1414

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

HB00-1415

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

HB00-1416

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

SB00-073

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

HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

HB00-1207

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 7, strike "

For any

" and substitute "

Any

strike lines 12 through 14, and substitute the following:

long-term treatment, may be transferred to a facility located in an adjoining state if the";

strike line 19, and substitute the following:

27-10-121.5, and the facility has appropriate space available to treat the patient;

strike lines 20 through 22, and substitute the following:

"(II)

A professional person, as defined in section 27-10-102 (11), or the director of a designated facility having custody of the person finds that it is in the best

Page 5, strike lines 2 through 6, and substitute the following:

"(III)

The patient has consented to the transfer to the out-of-state facility, within the larger context of involuntary treatment, or there are no appropriate beds available within Colorado for treatment of the patient;

(IV)

The out-of-state treatment is invoked by an affidavit sworn to or affirmed before a judge having jurisdiction over the matter pursuant to this article and the judge orders that the patient be transferred to the approved and designated facility in an adjoining state.

line 19, strike "

patient or

" and substitute "

patient and

HB00-1300

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 1, strike "and (4) (b)," and substitute "(4) (b), and (5),";

line 7, after "trainee", insert "

or associate

Page 6, after line 2, insert the following:

"(5) Any person issued a trainee registration certificate

, including an associate,

under this section is subject to the disciplinary provisions of section 12-5.5-205.";

line 17, strike "or trainee" and substitute "

trainee,

or associate

line 20, strike "trainee." and substitute "trainee

or associate.

JUDICIARY

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

HB00-1234

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

HB00-1254

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

Amend printed bill, page 11, strike lines 5 through 26.

Page 12, strike lines 1 and 2.

Renumber succeeding sections accordingly.

HB00-1285

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

HB00-1343

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 18, strike "

require

" and substitute "

urge

Page 4, line 23, strike "

Reporting requirements.

" and substitute "

Reporting.

Page 5, line 2, strike "

shall

" and substitute "

is strongly urged to

line 5, strike "

shall

" and substitute "

may

line 10, strike "

required

" and substitute "

strongly urged

Page 6, strike line 3, and substitute the following:

nursing facility;

(XIV) attorneys, so long as such reporting does not violate the Colorado Rules of Professional Conduct.

line 4, strike "

required

" and substitute "

who are strongly urged

Page 9, line 26, strike "

or sections 11-6-113, 11-37.5-204, and 11-37.5-206 to

" and substitute "

or section 11-6-113, C.R.S., or any other applicable law,

Page 10, line 1, strike "

11-37.5-212, C.R.S.,

line 8, strike "

" and substitute "

Upon request, a

line 9, after "

adult

", insert "

over the age of sixty or any at-risk adult

line 16, strike "

and the

" and substitute "

and a

line 24, strike "

required

" and substitute "

who are urged

Page 11, after line 3, insert the following:

SECTION 2.

26-3.1-101 (4) (c), Colorado Revised Statutes, is amended to read:

26-3.1-101. Definitions.

As used in this article, unless the context otherwise requires:

(4) "Mistreatment" means an act or omission which threatens the health, safety, or welfare of an at-risk adult, as such term is defined in subsection (1) of this section, or which exposes the adult to a situation or condition that poses an imminent risk of death, serious bodily injury, or bodily injury to the adult. "Mistreatment" includes, but is not limited to:

~~or the at-risk adult's resources~~

for another person's

~~profit or~~

advantage.".

Renumber succeeding section accordingly.

HB00-1377

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

SB00-125

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

Amend reengrossed bill, page 8, strike line 18 and substitute the following:

denied.

(c)

In the case of any transfer denied pursuant to paragraph

(b)

of subsection (3) of this section, the inability of the transferee to obtain the final disposition of a case that is no longer pending shall not constitute the basis for the continued denial of the transfer so long as the transferee provides a certified statement signed by the clerk of the court that indicates that no final case disposition information is available. Upon presentation of such statement to the bureau, the bureau shall reverse the denial.

(d)

If the bureau reverses a denial, the bureau shall

Page 13, line 2, strike "In" and substitute "(1) In";

after line 9, insert the following:

"(2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of public safety, for the fiscal year beginning July 1, 2000, the sum of one million sixty-five thousand four hundred eighty dollars ($1,065,480) and 19.0 FTE, or so much thereof as may be necessary, for the implementation of this act.".

LOCAL GOVERNMENT

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

HB00-1367

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

Amend printed bill, page 2, line 14, after "

district.

", insert "

The district shall pay for all costs associated with the election at which the question is submitted to the eligible electors pursuant to this section.

Page 3, strike lines 13 through 21 and substitute the following:

SECTION 2.

32-15-110, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

32-15-110. Sales tax imposed - collection - administration of tax - discontinuance.

(7)

Subject to the limitations specified in section 39-21-107, C.R.S., nothing in this section shall be construed to restrict the authority of the department after the discontinuance of the tax levied pursuant to this section to conduct audits, assess amounts owing, refund amounts due, or otherwise take necessary action related to taxes due and owing pursuant to this section on or before such date.

SECTION 3. 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.

SECTION 4. Safety clause.

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

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed:

HJR00-1004.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

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

SB00-106, amended as printed in Senate Journal, February 4, pages 213-214, and on Third Reading as printed in Senate Journal, February 8.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB00-106.

______________

INTRODUCTION OF BILL
First Reading

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

HB00-1417

by Representative Smith; also Senator Wattenberg--Concerning the increase of fees for the extraction of construction materials, and making an appropriation therefor.

Committee on Agriculture, Livestock, & Natural Resources

_______________

House in recess. House reconvened.
_______________

REPORTS OF COMMITTEE OF REFERENCE

APPROPRIATIONS

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

HB00-1224

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 January 25, 2000, page 1, strike lines 1 through 6 and substitute the following:

"Amend printed bill, page 3, after line 12, insert the following:

"(1)

"Additional source fund" means the Colorado travel and tourism additional source fund created in section 24-49.7-106 (2).

Renumber succeeding subsections accordingly.

Page 3, line 16, strike "24-49.7-106." and substitute "24-49.7-106 (1).".

Page 6, line 26, after "

fund

", insert "

and the additional source fund

Page 8, line 2, after "

fund

", insert "

and the additional source fund

line 15, strike "

funds

" and substitute "

moneys

line 21, after "

fund

", insert "

and the additional source fund

Page 9, line 15, strike "

costs.

Any

" and substitute "

costs - transfer of employees.

(1)

Except as provided in subsection (2) of this section, any administrative

strike line 18 and substitute the following:

fund and the additional source fund shall be met with existing employees transferred from the department of local affairs pursuant to subsection (3) of this section and with the existing staff, office space, and

strike lines 20 and 21 and substitute the following:

created. Moneys in the fund shall not be appropriated for said expenses.

(2)

The board may expend moneys in the additional source fund for administrative expenses associated with the office or the expenditure of moneys from the fund or the additional source fund.";";

line 7 of the Committee Report, strike ""(2)" and substitute "(3)";

line 14 of the Committee Report, strike "(3)" and substitute "(4)";

line 15 of the Committee Report, strike "(2)" and substitute "(3)";

line 21 of the Committee Report, strike "

regulations.

"." and substitute "

regulations.

";";

after line 21 of the committee report, insert the following:

"line 23, strike "

creation - nature of fund.

" and substitute "

Colorado travel and tourism additional source fund - creation - nature of funds.

Page 10, after line 4, insert the following:

"(2)

There is hereby created a fund in the state treasury to be known as the Colorado travel and tourism additional source fund, which shall be administered by the board and which shall consist of:

Renumber succeeding subsection accordingly.

Page 10, line 5, strike "(c)" and substitute "(a)";

line 8, strike "(d)" and substitute "(b);

line 9, strike "

fund.

" and substitute "

additional source fund or the office to be expended for the purposes set forth in this article.

line 10, after "(3)", insert "(a)";

after line 15, insert the following:

"(b)

The moneys in the additional source fund shall be continuously appropriated for the purposes of this article. All moneys not expended, including interest earned on the investment or deposit of moneys in the fund, shall remain in the additional source fund and shall not revert to the general fund of the state at the end of any fiscal year.

line 18, after "

fund

", insert "

and the additional source fund

line 24, after "

fund

", insert "

and the additional source fund

".".

Page 2 of the committee report, line 5, strike "affairs for tourism promotion" and substitute "affairs for Colorado welcome centers, other program costs, and production and distribution of state highway maps,";

after line 9, insert the following:

"Page 1, line 104, strike "

authority.

" and substitute "

authority, and making an appropriation therefor.

".".

HB00-1247

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

Amend Judiciary Committee Report, dated February 3, 2000, page 2, line 32, strike "

July 1, 2003,

" and substitute "

July 1, 2002,

Page 3, line 38, strike "assembly;" and substitute "

~~assembly.~~

assembly;

HB00-1349

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

Strike the House Education Committee Report dated February 7, 2000.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Spradley, the following items on the Calendar were laid over until February 10, retaining place on Calendar:

Consideration of General Orders--

HB00-1138, 1089, 1108, 1011, 1001, 1218, 1009, 1029, 1165, 1229, 1208, 1124, 1222, 1099, 1080, 1008, 1047, 1012, 1164, 1185, 1114, 1240, 1225, 1007, 1186, 1181, 1243, 1025, HCR00-1001, HB00-1201, 1214, 1235, 1241, 1272, 1175, 1204, 1206, 1020, 1205, 1150, 1195, 1239, 1223, 1264, 1321, 1202, 1249, 1070, 1212, 1237, 1267, 1283, 1286, 1307, 1112, 1310, 1144, 1299

Consideration of Memorial--

SJM00-001

Consideration of Senate Amendments--

HB00-1141

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., February 10, 2000.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk

LC: