1/16/100
3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
Forty-second Legislative Day Tuesday, February 15, 2000
Prayer by Pastor Rick Long, Grace Church, Arvada.
The Speaker called the House to order at 8:00 a.m.
The roll was called with the following result:
Present--53.
Excused--Representatives Paschall, Larson, Lawrence, Veiga--4.
Absent--Representatives Coleman, Gordon, Hefley, McPherson, Pfiffner, Ragsdale, Williams S., Zimmerman--8.
Present after roll call--Representatives Coleman, Gordon, Hefley, Larson, Lawrence, McPherson, Paschall, Pfiffner, Ragsdale, Veiga, Williams S., Zimmerman
The Speaker declared a quorum present._______________
On motion of Representative Clapp, the reading of the journal of February 14, 2000, was dispensed with and approved as corrected by the Chief Clerk.______________
PRINTING REPORT
The Chief Clerk reports the following bill has been correctly printed: HB00-1420._______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and returns herewith HB00-1155.
The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB00-156;
SB00-018, amended as printed in Senate Journal, February 11, page 269, and on Third Reading as printed in Senate Journal, February 14;
SB00-057, amended as printed in Senate Journal, January 21, page 136;
SB00-072, amended as printed in Senate Journal, February 11, page 269;
SB00-077, amended as printed in Senate Journal, February 11, page 270;
SB00-101, amended as printed in Senate Journal, February 11, page 270;
SB00-129, amended as printed in Senate Journal, February 11, page 270;
SB00-132, amended as printed in Senate Journal, February 11, page 269;
SB00-144, amended as printed in Senate Journal, February 4, page 214, and February 11, page 268;
SB00-179, amended as printed in Senate Journal, February 11, pages 270-271, and on Third Reading as printed in Senate Journal, February 14._______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, SB00-156; and without comment, as amended, SB00-018, 057, 072, 077, 101, 129, 132, 144, and 179.______________
INTRODUCTION OF RESOLUTION
The following resolution was read by title and laid over one day under the rules:
HJR00-1005 by Representative Morrison; also Senator Perlmutter--Concerning brain injury awareness in Colorado.
WHEREAS, Every year, 3,500 Coloradans sustain brain injuries serious enough to require at least a one-night stay in the hospital, while thousands more are seen in emergency rooms or are not diagnosed until later; and
WHEREAS, Each year, 1,100 Coloradans sustain traumatic brain injuries that leave them disabled one year after injury and longer; and
WHEREAS, The highest rates for brain injury are among males between the ages of 15 and 24 and over the age of 65; and
WHEREAS, Fifty percent of brain injuries come from motor vehicle accidents; and
WHEREAS, Other common causes of brain injury include assaults and other forms of violence, and bicycle and sporting accidents; and
WHEREAS, Brain injury often results in dramatic changes in family structure and financial resources. Insurance coverage may become exhausted while providing appropriate care to the injured family member; and
WHEREAS, The costs of providing ongoing care to persons with brain injuries is most effectively contained by providing timely and well managed care such as early rehabilitation and in-home services and support; 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:
That we, the members of the General Assembly recognize brain injury as a statewide problem, impacting people in all walks of life, and that we support the coordination of state and federal resources to provide the most effective, comprehensive services to persons with brain injuries and their families._______________
On motion of Representative Dean, HB00-1165, 1144, 1229, 1234, 1264, 1124, 1222, 1099, 1080, 1047, 1012, 1164, 1225, 1181, HCR00-1001, HB00-1175, 1020, 1239, 1223, 1321, 1249, 1070, 1212, 1237, 1267, 1283, 1286, 1307, 1310 shall be made Special Orders on Monday, February 15, 2000, at 8:17 a.m._______________
The hour of 8:17 a.m., having arrived, on motion of Representative Mitchell, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman._______________
SPECIAL 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.)
HB00-1165 by Representative Kaufman--Concerning creation of a statutory exception to the hearsay rule of evidence.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1144 by Representative Sinclair; also Senator Tebedo--Concerning the selection of the lieutenant governor, and, in connection therewith, requiring a major political party's candidate for governor to nominate the major party's candidate for lieutenant governor after the primary election.
Amendment No. 1, State, Veterans, & Military Affairs Report, dated February 3, 2000, and placed in member’s bill file; Report also printed in House Journal, February 4, page 374-379.
Amendment No. 2, by Representative Sinclair.
Amend the State, Veterans, & Military Affairs Committee Report, dated February 3, 2000, page 8, line 12, strike "arose."." and substitute "arose."
after line 12, insert the following:
"SECTION 9. 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.".
Page 1 of the printed bill, line 101, strike "governor, and, in" and substitute "governor.";
strike lines 102 through 105.".
As amended, declared lost on Second Reading.
(For change in action, see Amendments to Report.)
HB00-1229 by Representatives McPherson, Kester, and Gordon--Concerning the selection of the lieutenant governor.
Amendment No. 1, by Representative Hagedorn.
Amend printed bill, page 3, line 6, strike "by the major political";
strike lines 7 and 8 and substitute the following:
"by the party's candidate for governor and the party's state central committee. No later than seven days following the primary election, the party's candidate for governor shall propose a candidate for lieutenant governor. No later than twenty-seven days following the primary election, the state central committee shall meet to approve or disapprove the proposed lieutenant governor candidate. The party's candidate for governor shall also attend the meeting. If a majority of the members of the committee present and voting at the meeting approve the proposed candidate the candidate shall be the party's candidate for lieutenant governor at the general election. If fifty percent or fewer of the members of the committee present and voting at the meeting approve the candidate, the candidate for governor shall propose another candidate. The meeting shall not adjourn until a majority of the members of the committee present and voting have approved a candidate for lieutenant governor proposed by the party's candidate for governor. Other nominations for the";
line 25, strike "twenty-one" and substitute "thirty".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1234 By Representatives Mitchell, Hoppe, Kester,Lawrence--Concerning expansion of aggravating factors for imposition of the death penalty.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1264 by Representatives George, Alexander, Bacon, Gagliardi, Kaufman, Kester, King, Larson, Lee, Mace, McKay, Plant, Scott, Tochtrop, Vigil, Webster, Windels, Witwer; also Senators Wham, Congrove, Dennis, Dyer, Evans, Nichol, Perlmutter, Wattenberg--Concerning an increase in the compensation of county commissioners.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1124 By Representative King; also Senator Andrews--Concerning public schools, and, in connection therewith, authorizing charter schools to impose fees for excess transportation costs and to engage in the building planning and inspection process and authorizing public schools to use capital reserve fund expenditures for certain purposes.
Amendment No. 1, Education Report, dated January 26, 2000, and placed in member’s bill file; Report also printed in House Journal, January 27, page 203.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1222 by Representative Bacon; also Senator Matsunaka--Concerning maintenance of public employee retirement benefits for retirees who are hired as nonlicensed employees by a school district during a critical employee shortage.
Amendment No. 1, Education Report, dated January 26, 2000, and placed in member’s bill file; Report also printed in House Journal, January 27, pages 204-205.
Amendment No. 2, by Representative Bacon.
Amend the Education Committee Report, dated January 26, 2000, page 2, line 3, strike "(1) Upon the declaration of a";
strike line 4;
line 5, strike "C.R.S.,", and insert the following:
"(1) Upon the adoption by a school district of a resolution declaring a critical shortage pursuant to section 22-32-109 (1) (f) (II) (A), C.R.S., the school district shall notify the association of the resolution and".
Amendment No. 3, by Representatives Gotlieb and Bacon.
Amend printed bill, page 2, line 13, after "C.R.S.,", insert "or pursuant to parts 1 or 2 of article 64 of title 22,";
page 2, line 16, strike "C.R.S." and substitute "C.R.S., and sections 22-64-111 (1.5) and 22-64-211 (1.5).".
Page 3, after line 19, insert the following:
"SECTION 3. 24-64-111, Colorado Revised Statutes, is amended BY THE ADDITION OF NEW SUBSECTION to read:
22-64-111. Employment after retirement. (4) (a) A retiree who is hired as a nonlicensed employee of a school district in which the district board of education has adopted a resolution declaring a critical shortage of nonlicensed employees pursuant to section 22-32-109 (1) (f) may receive a salary or other compensation from the school district without reduction in benefits regardless of the number of hours or days worked in the calendar year.
(b) This subsection (4) is repealed, effective July 1, 2003.".
Renumber succeeding section accordingly.
Amendment No. 4, by Representatives Gotlieb and Bacon.
Amend printed bill, page 3, after line 19, insert the following:
"SECTION 4. 22-64-211, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
22-64-211. Employment after retirement. (4) (a) A retiree who is hired as a nonlicensed employee of as school district in which the district board of education has adopted a resolution declaring a critical shortage of nonlicensed employees pursuant to section 22-32-109 (1) (f) may receive a salary or other compensation from the school district without reduction in benefits regardless of the number of hours or days worked in the calendar year.
(b) This subsection (4) is repealed, effective July 1, 2003.
SECTION 5. 22-64-218, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
22-64-218. Employer and member contributions - pickup of employee contributions. (5) (a) Upon the declaration of a critical shortage pursuant to section 22-32-109 (1) (f), employer contributions shall commence when the retiree's employment
exceeds any time period in section 22-64-211 (1).
(b) This subsection (5) is repealed, effective July 1, 2003.".
Renumber succeeding section accordingly.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1099 by Representatives Morrison, Miller; also Senator Chlouber--Concerning the authority of governmental agencies that operate penal institutions to establish certain sanitary standards affecting penal institutions.
Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated January 26, 2000, and placed in member’s bill file; Report also printed in House Journal, January 27, page 205.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1080 by Representative Kaufman; also Senator Dyer--Concerning the application of the "Colorado Uniform Prudent Investor Act" to investments of portions of volunteer firefighter pension funds that are not affiliated with the fire and police pension association.
Amendment No. 1, Local Government Report, dated January 26, 2000, and placed in member’s bill file; Report also printed in House Journal, January 27, page 206.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1047 by Representatives Lawrence, Larson, Veiga; also Senators Phillips, Arnold, Wham--Concerning the extension of certain sunset dates relating to property transactions conducted by the wildlife commission.
Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated January 26, 2000, and placed in member’s bill file; Report also printed in House Journal, January 28, page 217.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1012 by Representatives Swenson, Gotlieb, and May; also Senators Dyer, and Powers--Concerning the ability of the department of revenue's authorized agents to collect a fee to recoup the cost of mailing motor vehicle license plates.
Amendment No. 1, Appropriations Report, dated January 28, 2000, and placed in member’s bill file; Report also printed in House Journal, January 28, page 232.
Amendment No. 2, by Representative Swenson.
Amend printed bill, page 3, line 7, after "determined", insert "manually".
Amendment No. 3, by Representative Pfiffner.
Amend printed bill, page 3, line 8, strike "and indirect".
Amendment No. 4, by Representative Pfiffner.
Amend printed bill, page 3, line 8, strike "incurred" and substitute "incurred, not to exceed five dollars,".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1164 by Representatives Berry, Saliman, Tool; also Senators Tanner, Lacy, Owen--Concerning the funding of transportation programs through the allocation of moneys by the transportation commission in lieu of appropriations by the general assembly.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1225 By Representatives King, Decker, Hoppe, McKay, Mitchell, Scott, Stengel, and Williams T.; also Senator Owen--Concerning the establishment of a defined contribution plan pursuant to section 401 (a) of the internal revenue code to receive contributions for eligible employees who participate in the state deferred compensation plan.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HCR00-1001 by Representative Fairbank; also Senator Anderson--Concerning the submission to the registered electors of the state of Colorado of an amendment to section 8 of article XIV of the constitution of the state of Colorado, which requires the selection of county surveyors by election, to also allow the appointment of county surveyors.
Amendment No. 1, Local Government Report, dated January 31, 2000, and placed in member’s bill file; Report also printed in House Journal, February 1, page 271.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1175 by Representative Paschall; also Senator Arnold--Concerning payments from the subsequent injury fund for occupational diseases as determined under the workers' compensation law.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1020 by Representatives Alexander, Tupa, Williams S.; also Senators Wham, Linkhart, Pascoe--Concerning the creation of an interdisciplinary child care commission.
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, page 294.
Amendment No. 2, by Representatives Alexander and Pfiffner.
Amend printed bill, page 3, after line 10, insert the following:
"(1) "Child care" means care provided to a child or children by a child care facility required to be licensed pursuant to part 1 of this article or by a facility described in section 26-6-103 that is not required to be licensed. The term "child care" as used in this part 3 does not include care provided to a child by that child's parent or legal guardian.";
line 11, strike "(1)" and substitute "(2)";
line 21, strike "(2)" and substitute "(3)".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1239 by Representative Pfiffner; also Senator Arnold--Concerning sex offenders.
Amendment No. 1, by Representative Young.
Amend printed bill, page 2, after line 20, insert the following:
"SECTION 3. 18-3-412.5 (6.5) (b) and (6.5) (c), Colorado Revised Statutes, are amended to read:
18-3-412.5. Sex offenders - duty to register - penalties. (6.5) (b) When necessary for public protection, A local law enforcement agency shall release information regarding any person registered with the local law enforcement agency pursuant to this section to any person residing within the local law enforcement agency's jurisdiction. Any person requesting information pursuant to this paragraph (b) shall show proper identification or other proof of residence.
Renumber succeeding sections accordingly.
Amendment No. 2, by Representative Young.
Amend printed bill, page 2, after line 20, insert the following:
"SECTION 3. 16-11-204, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
16-11-204. Conditions of probation. (2.4) When granting probation to a person who has been convicted of unlawful sexual behavior, as defined in section 18-3-412.5 (1) (b), C.R.S., or of any other offense, the underlying factual basis for which includes unlawful sexual behavior, the court, as a condition of probation, may impose any requirement that the court deems necessary for the protection of the public safety, including but not limited to requiring the convicted person to notify persons within the community that he or she has been convicted of unlawful sexual behavior or of another offense, the underlying factual basis for which includes unlawful sexual behavior. Any such requirement shall be in addition to the requirement that the person register as a sexual offender pursuant to section 18-3-412.5, C.R.S.".
Renumber succeeding sections accordingly.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1223 By Representatives Smith, Berry, Coleman, Johnson, Kaufman, Keller, Kester, Larson, Morrison, and Webster; also Senators Anderson, Pascoe, Feeley, Lacy, Matsunaka, Phillips, and Weddig--Concerning enhanced land use planning relationships among local governments.
Laid over until February 16, retaining place on Calendar.
HB00-1181 by Representative Spence--Concerning the formation of charter schools.
Laid over until February 16, retaining place on Calendar.
HB00-1321 by Representative Scott, also Senator Sullivant--Concerning the authorized maturity date for certain securities that collateralize repurchase agreements for legal investments of public funds.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1249 by Representatives Paschall, Alexander, Clapp, Dean, Decker, Fairbank, Hefley, King, Lee, May, McKay, Mitchell, Scott, Sinclair, Witwer; also Senators Andrews, Congrove, Evans, Hillman, Teck--Concerning strengthen-ing of the marriage relationship.
Laid over until February 16, retaining place on Calendar.
HB00-1070 by Representatives Saliman, Spradley--Concerning an increase in the maximum number of days that a temporary motor vehicle license plate may be valid.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1212 by Representatives Hoppe, Johnson, and Webster; also Senator Dennis--Concerning the ability of the Colorado beef council authority to use fees collected by the state board of stock inspection commissioners.
Amendment No. 1, by Representatives Smith and Hoppe.
Amend printed bill, page 1, before line 2, insert the following:
"SECTION 1. 35-57-102 (2) (c), Colorado Revised Statutes, is amended to read:
35-57-102. Legislative declaration. (2) The purposes of this article are:
(c) To provide funds for the administration and enforcement of this article by voluntary contributions or fees in the event the federal cattlemen's beef promotion and research board, established in 7 U.S.C. sec. 2904 (1), ceases to exist. Such moneys to be collected in the manner prescribed in this article.".
Renumber succeeding sections accordingly.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1237 by Representatives Young, Hoppe--Concerning the purchase by state government of agriculturally-based alternatives to nonrenewable products.
Laid over until May 4.
HB00-1267 by Representative Johnson; also Senator Hillman--Concerning the administration of the "Pet Animal Care and Facilities Act" by the department of agriculture.
Amendment No. 1, Agriculture, Livestock, & Natural resources Report, dated February 7, 2000, and placed in member’s bill file; Report also printed in House Journal, February 8, pages 403-404.
Amendment No. 2, by Representatives Grossman and Johnson.
Amend printed bill, page 4, after line 16, insert the following:
"SECTION 8. 35-80-112 (1) (b), Colorado Revised Statutes, is repealed as follows:
35-80-112. Disciplinary actions - denial of license. (1) The commissioner, pursuant to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition or deny, suspend, refuse to renew, restrict, or revoke any license authorized under this article if the applicant or licensee:
(b) Has been convicted of cruelty to animals as defined in article 9 of title 18, C.R.S., or any similar statute of any other state;
SECTION 9. Article 80 of title 35, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
35-80-112.5. Denial of license - animal cruelty conviction. The commissioner, pursuant to the provisions of article 4 of title 24, C.R.S., shall deny, refuse to renew, or revoke any license authorized under this article if the applicant or licensee has been convicted of cruelty to animals as defined in article 9 of title 18, C.R.S., or any similar statute of any other state.".
Renumber succeeding sections accordingly.
Amendment No. 3, by Representative Young.
Amend printed bill, page 4, line 8, strike "an administrative" and substitute "a".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1283 By Representatives Sinclair, Johnson, Kester, Mace, Ragsdale, Smith, Tapia, and Webster; also Senator Wattenberg--Concerning fire management by certain governmental agencies, and, in connection therewith, modifying a sheriff's authority to control fires, specifying the authority of counties to implement fire management plans, and modifying governmental policies and objectives regarding fire.
Amendment No. 1, Agriculture, Livestock, & Natural resources Report, dated February 3, 2000, and placed in member’s bill file; Report also printed in House Journal, February 4, pages 330-331.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1286 by Representatives Webster, Alexander, Hoppe, Johnson, Kester, Mitchell, Smith, Spradley, Stengel, Tool, Young; also Senators Chlouber, Dennis--Concerning the expenditure of money for the protection of livestock.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1307 by Representative Young; also Senator Chlouber--Concerning repeal of the advisory committee on river outfitters.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1310 By Representatives Dean, and Spradley; also Senator Owen--Concerning the creation of a temporary credit against unemployment insurance taxes.
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.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage._______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representative Sinclair moved to amend the Report of the Committee of the Whole to show that HB00-1144, as amended, did pass.
The amendment was declared passed by the following roll call vote:
YES 47 NO 18 EXCUSED 0 ABSENT 0
Alexander Y
Allen N
Bacon N
Berry Y
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker Y
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester N
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay N
McPherson Y
Miller Y
Mitchell N
Morrison N
Nuņez Y
Paschall N
Pfiffner N
Plant Y
Ragsdale N
Saliman Y
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley N
Stengel N
Swenson Y
Takis Y
Tapia Y
Tate N
Taylor Y
Tochtrop Y
Tool Y
Tupa N
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker Y
Representatives Lee and Stengel moved to amend the Report of the Committee of the Whole to show that HB00-1222, as amended, did not pass.
The amendment was declared lost by the following roll call vote:
YES 30 NO 35 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 Y
Grossman N
Hagedorn N
Hefley Y
Hoppe N
Johnson N
Kaufman N
Keller N
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba N
Mace N
May Y
McElhany Y
McKay Y
McPherson Y
Miller N
Mitchell N
Morrison N
Nuņez Y
Paschall N
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott Y
Sinclair Y
Smith Y
Spence N
Spradley Y
Stengel Y
Swenson N
Takis N
Tapia N
Tate N
Taylor Y
Tochtrop N
Tool Y
Tupa N
Veiga N
Vigil N
Webster Y
Williams S. N
Williams T. Y
Windels N
Witwer N
Young Y
Zimmerman N
Mr. Speaker N
Representatives Plant, Witwer, Scott moved to amend the Report of the Committee of the Whole to show that the following Plant amendment to HB00-1283, did pass, and that HB00-1283, as amended, did pass:
Amend the Agriculture, Livestock, and Natural Resources Committee Report, dated February 3, 2000, page 1, strike lines 1 through 7;
line 8, before "line 13,", insert "Amend printed bill,".
The amendment was declared lost by the following roll call vote:
YES 27 NO 38 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez Y
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 N
Miller N
Mitchell N
Morrison Y
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott Y
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 Y
Young N
Zimmerman Y
Mr. Speaker N
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB00-1165, 1144 amended, 1229 amended, 1234, 1264, 1124 amended, 1222 amended, 1099 amended, 1080 amended, 1047 amended, 1012 amended, 1164, 1225, HCR00-1001 amended, HB00-1175, 1020 amended, 1239 amended, 1321, 1070, 1212 amended, 1267 amended, 1283 amended, 1286, 1307, 1310 amended.
Laid over until date indicated retaining place on Calendar:
HB00-1223, 1181, 1249--February 16, 2000.
HB00-1237--May 4, 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 65 NO 0 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 Y
Miller Y
Mitchell Y
Morrison Y
Nuņez 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
_______________
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.
HB00-1138 by Representative Leyba; also Senator Linkhart--Concerning limitations on civil liability of foster care providers for the actions of the foster children in their care.
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 65 NO 0 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 Y
Miller Y
Mitchell Y
Morrison Y
Nuņez 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-sponsors added: Representatives Chavez, Coleman, Gagliardi, Mace, Ragsdale, Tapia, Tochtrop, Vigil, Williams S.
HB00-1089 by Representative Tapia; also Senator Hernandez--Concerning the ability of a person who performs work on a public works project to substitute a bond approved by a district court judge for a claim filed against the contract.
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 65 NO 0 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 Y
Miller Y
Mitchell Y
Morrison Y
Nuņez 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-sponsors added: Representatives Coleman, Gagliardi, Mace, Miller, Plant, Sinclair, Spradley, Veiga, Vigil, Young, Zimmerman.
HB00-1108 By Representatives Ragsdale, and Coleman; also Senator Evans--Concerning placement decisions involving children who are siblings.
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 64 NO 1 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 Y
Miller Y
Mitchell Y
Morrison Y
Nuņez 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 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-sponsors added: Representatives Bacon, Gagliardi, Gordon, Gotlieb, Lawrence, Mace, Morrison, Stengel, Takis, Tapia, Tochtrop, Vigil, Williams S., Windels, Zimmerman.
HB00-1011 by Representative Coleman; also Senator Musgrave--Concerning the adoption of a definition of "rural telecommunications provider".
Laid over until February 16, retaining place on Calendar.
HB00-1001 by Representatives Gotlieb, Zimmerman; also Senator Reeves--Concerning specific criteria that may be included in local government master plans.
As shown by the following roll call vote, a majority of all members elected to the House voted in the affirmative, and Representative Gotlieb was given permission to offer a Third Reading amendment:
YES 50 NO 15 EXCUSED 0 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke N
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon N
Gotlieb Y
Grossman N
Hagedorn Y
Hefley Y
Hoppe Y
Johnson N
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
Nuņez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale Y
Saliman N
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia N
Tate N
Taylor Y
Tochtrop Y
Tool Y
Tupa N
Veiga N
Vigil N
Webster Y
Williams S. N
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman N
Mr. Speaker Y
Third Reading amendment No. 1, by Representative Gotlieb.
Amend engrossed bill, page 6, line 11, strike "shall," and substitute "shall may,".
The amendment was declared passed by the following roll call vote:
YES 41 NO 24 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 Y
Grossman N
Hagedorn N
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller N
Kester Y
King Y
Larson Y
Lawrence N
Lee Y
Leyba N
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale Y
Saliman N
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel N
Swenson Y
Takis N
Tapia N
Tate N
Taylor Y
Tochtrop N
Tool Y
Tupa N
Veiga N
Vigil N
Webster Y
Williams S. N
Williams T. Y
Windels N
Witwer Y
Young Y
Zimmerman N
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 passed.
YES 36 NO 29 EXCUSED 0 ABSENT 0
Alexander Y
Allen Y
Bacon N
Berry Y
Chavez Y
Clapp Y
Clarke N
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon N
Gotlieb Y
Grossman N
Hagedorn N
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller N
Kester N
King Y
Larson N
Lawrence N
Lee Y
Leyba N
Mace N
May Y
McElhany N
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner N
Plant N
Ragsdale N
Saliman N
Scott Y
Sinclair N
Smith N
Spence N
Spradley Y
Stengel N
Swenson Y
Takis N
Tapia Y
Tate N
Taylor Y
Tochtrop Y
Tool Y
Tupa N
Veiga N
Vigil N
Webster N
Williams S. N
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman N
Mr. Speaker Y
Co-sponsor added: Representative Fairbank.
Representative Zimmerman requested his name be removed as sponsor.________________
IMMEDIATE RECONSIDERATION OF HB00-1001
Having voted on the prevailing side, Representative Dean moved for immediate reconsideration of HB00-1001. 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 21 NO 44 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez N
Clapp N
Clarke Y
Coleman N
Dean N
Decker Y
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb N
Grossman Y
Hagedorn N
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller N
Kester Y
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
Nuņez N
Paschall N
Pfiffner N
Plant N
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith Y
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop N
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
__________
HB00-1218 by Representatives Saliman, Smith, Tochtrop; also Senator Reeves--Concerning a requirement that notice of certain provisions of the "Mobile Home Park Act" be provided to a mobile home owner whose tenancy is being terminated.
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 45 NO 20 EXCUSED 0 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
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 Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King N
Larson N
Lawrence Y
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller Y
Mitchell N
Morrison Y
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith Y
Spence N
Spradley N
Stengel N
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 N
Zimmerman Y
Mr. Speaker Y
Co-sponsors added: Representatives Coleman, Gagliardi, Gordon, Leyba, Mace, Plant, Ragsdale, Sinclair, Tate, Tupa, Veiga, Vigil, Zimmerman.
HB00-1029 by Representatives Tupa, Alexander, Hefley, Williams S.; also Senators Pascoe, Linkhart, Wham--Concerning eligibility for the Colorado child care assistance program.
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 17 EXCUSED 0 ABSENT 0
Alexander Y
Allen N
Bacon Y
Berry Y
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker Y
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
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 Y
Morrison Y
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith N
Spence N
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-sponsors added: Representatives Bacon, Coleman, Gagliardi, Hagedorn, Mace, Tapia, Tochtrop, Veiga, Vigil, Windels, Zimmerman.
HB00-1324 by Representative Larson; also Senator Dyer--Concerning the approval of the intergovernmental agreement between the Southern Ute Indian tribe and the state of Colorado on air quality control on the Southern Ute Indian reservation.
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 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 E
Miller Y
Mitchell Y
Morrison Y
Nuņez 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-sponsors added: Representatives Alexander, Allen, Berry, Chavez, Coleman, Dean, Fairbank, Gagliardi, Gotlieb, Hefley, Hoppe, Kaufman, Kester, Mace, May, McKay, McPherson, Miller, Mitchell, Ragsdale, Scott, Spradley, Stengel, Tapia, Tate, Taylor, Williams T., Mr. Speaker.
HB00-1325 by Representative Larson; also Senator Dyer--Concerning the creation of the Southern Ute Indian tribe/state of Colorado environmental commission, and, in connection therewith, setting forth the authority of the commission to establish and administer an air quality program for all lands within the exterior boundaries of the Southern Ute Indian reservation.
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 65 NO 0 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 Y
Miller Y
Mitchell Y
Morrison Y
Nuņez 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-sponsors added: Representatives Alexander, Allen, Chavez, Coleman, Fairbank, Gagliardi, Gotlieb, Hefley, Hoppe, Kaufman, Kester, Mace, May, Miller, Mitchell, Ragsdale, Scott, Spradley, Stengel, Tapia, Tate, Taylor, Webster, Williams S., Williams T., Young, Mr. Speaker._______________
REPORTS OF COMMITTEES OF REFERENCE
EDUCATION
After consideration on the merits, the Committee recommends the following:
HB00-1316 be postponed indefinitely.
HB00-1373 be postponed indefinitely.
HB00-1391 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:
HB00-1294 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, after line 24, insert the following:
"(4) "Medical director" means a licensed physician who holds such title in any inpatient or outpatient facility, department, or home care agency, and who is responsible for the quality, safety, and appropriateness of the respiratory therapy provided.".
Renumber succeeding subsections accordingly.
Page 3, line 4, strike "and other" and substitute "under the overall direction of a medical director.";
line 5, strike "system functions.";
line 16, strike "physician;" and substitute "physician or advanced practice nurse;";
line 26, after "physician", insert "or advanced practice nurse".
Page 4, line 3, strike "physician:" and substitute "physician or advanced practice nurse:";
strike lines 20 through 23 and substitute the following:
"but no other person, may use the title "licensed respiratory therapist" or the letters "L.R.T.".".
Page 5, line 22, strike "state;" and substitute "state, and whether the applicant has ever had a disciplinary action taken in regard to the applicant's license to practice respiratory therapy in another state;".
Page 6, line 14, after "lapsed", insert "or expired";
line 15, strike "fee and a reinstatement fee if the request" and substitute "fee.";
strike lines 16 through 24.
Page 11, line 10, strike "action." and substitute "action and has served by first-class mail a notice of formal complaint on the licensee.".
Page 12, strike lines 1 and 2 and substitute the following:
"(c) Any service provided during an emergency that may be included in the definition of the practice of respiratory therapy;";
strike lines 11 through 17 and substitute the following:
"(f) Any person registered, certified, or licensed in this state under this title from engaging in the practice for which such person is registered, certified, or licensed;
(g) The practice by certified pulmonary function technologists and registered pulmonary function technologists who hold credentials from an organization that has been recognized by the nation board for respiratory care; or
(h) The instruction or training of persons to administer emergency oxygen during an aquatic emergency, when such instruction or training is provided by an individual who has been certified to conduct such instruction or training by a nationally recognized certifying agency.";
line 22, strike "It" and substitute "Except as provided in section 12-41.5-110, it".
Page 14, line 9, strike "2005." and substitute "2010.";
line 11, strike "2005." and substitute "2010.".
Page 15, strike lines 6 through 14 and substitute the following:
"SECTION 3. 24-34-104 (41), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (41) The following agencies, functions, or both, shall terminate on July 1, 2010:";
line 15, strike "(b)" and substitute "(f)".
HB00-1388 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 8, after line 21, insert the following:
"SECTION 2. 24-22-115.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
24-22-115.5. Legislative declaration - tobacco litigation settlement trust fund - creation. (3) (a) The state treasurer shall invest the moneys in the tobacco litigation settlement trust fund pursuant to the provisions of this subsection (3). In addition to the investments authorized in sections 24-36-109, 24-36-112, 24-36-112, and 24-36-113, the state treasurer may invest moneys in the tobacco litigation settlement trust fund in domestic and international equities; except that the state treasurer shall not:
(I) Invest more than five percent of the existing book value of the trust fund in common stock or preferred stock, or both, of any single corporation;
(II) Acquire more than five percent of the outstanding stock or bonds of any single corporation;
(III) Invest more than sixty percent of the existing book value of the trust fund in common or preferred stock or in corporate bonds, notes, or debentures that are convertible into common or preferred stock; or
(IV) Invest more than fifteen percent of the existing book value of the trust fund in common or preferred shares of stock of corporations not organized under the laws of the United States, any state, territory, or possession of the United States, or the district of Columbia or the dominion of Canada or any province of Canada.
(b) The state treasurer is authorized to make the investments authorized by paragraph (a) of this subsection (3) in the form of mutual funds or may contract with private professional fund managers and may employ professional fund advisors or portfolio managers as necessary. The treasurer is authorized to make payments without appropriation of all actual and necessary charges for expenses related to the investment of the tobacco litigation trust fund moneys. Such payments shall be made from the investment income or assets of the trust fund.".
Renumber succeeding sections accordingly.
Page 15, line 5, strike "contraceptives".
Page 17, strike lines 15 through 26.
Page 18, strike lines 1 through 15.
Renumber succeeding subsections accordingly.
Page 18, line 17, after "formulary", insert "that is no more restrictive than the medicaid formulary".
Page 19, line 2, strike "shall" and substitute "may".
Page 25, line 20, strike "a private, nonprofit entity";
line 21, strike "or public" and substitute "an".
Page 32, strike line 1, and substitute the following:
"SECTION 8. 26-19-103 (2), Colorado Revised Statutes, is amended, and the said 26-19-103 is further amended";
after line 4, insert the following:
"(2) "Children's basic health plan" or "plan" means the health and dental insurance product designed by the department of health care policy and financing and provided to enrollees, as defined in this section.";
after line 6, insert the following:
"SECTION 9. 26-19-104, Colorado Revised Statutes, is amended to read:
26-19-104. Children's basic health plan - implementation required - rules. The policy board is authorized to adopt rules to implement and administer the children's basic health plan to provide health and dental insurance coverage to children on a statewide basis pursuant to the provisions of this article.
SECTION 10. 26-19-104.6 (1) (a) and (1) (c), Colorado Revised Statutes, are amended to read:
26-19-104.6. Policy board - power and duties - reports. (1) In addition to any other powers enumerated in this article, the policy board shall have the following powers and duties:
(a) To report periodically to the joint budget committee on the progress made in inter-program coordination and program consolidation with existing health and dental care programs and on the efficiencies achieved in utilizing existing health and dental care programs pursuant to this article;
(c) To report on enrollment, utilization, and quality of health and dental care services provided through the children's basic health plan, and identify barriers related to enrollment, utilization, and quality.".
Renumber succeeding sections accordingly.
Page 32, after line 25, insert the following:
"SECTION 12. 26-19-107 (1) (a), Colorado Revised Statutes, is amended to read:
26-19-107. Duties of the department - schedule of services - premiums - copayments - subsidies. (1) In addition to any other duties pursuant to this article, the department shall have the following duties:
(a) To design, on or after April 21, 1998, and from time to time revise, a schedule of health and dental care services included in the plan and to propose said schedule to the policy board for approval or modification. The schedule of health and dental care services as proposed by the department and approved by the policy board, shall include, but shall not be limited to, preventive care, physician services, inpatient and outpatient hospital services, prescription drugs and medications, and other services that may be medically necessary for the health of enrollees. The department shall design and revise this schedule of health care services included in the plan to be similar to the basic and standard health benefit plans defined in section 10-16-102 (4) and (42), C.R.S.".
Renumber succeeding sections accordingly.
Page 50, line 17, strike "for reading classes" and substitute "for reading classes";
line 23, after "grade", insert "for reading classes".
SB00-051 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 2, line 20, strike "(1)".
Page 3, strike lines 11 through 21.
Page 4, line 20, after "(4)", insert "(a)";
strike lines 23 through 26 and substitute the following:
"who are not related to the head of such home.
(b) "Family child care home" may include:
(I) Infant-toddler child care homes that limit care to infant and toddler aged children;
(II) Large child care homes that allow an increased number of children and require a second child care provider; and
(III) Experienced provider child care homes that allow increased flexibility for providers with extensive training and experience.
(c) The state board shall promulgate such rules as it deems necessary and appropriate to identify the family child care homes described in subparagraphs (I), (II), and (III) of paragraph (b) of this subsection (4) as well as any other types of family child care homes the state board may identify by rule.".
Page 5, strike lines 1 and 2.
LOCAL GOVERNMENT
After consideration on the merits, the Committee recommends the following:
HB00-1271 be referred to the Committee of the Whole with favorable recommendation.
HB00-1277 be referred to the Committee of the Whole with favorable recommendation.
HB00-1372 be postponed indefinitely._______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate voted to concur in House amendments to SB00-125 and repassed the bill as amended.______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred to the committees indicated:
HB00-1421 by Representative Spradley; also Senator Dennis--Concerning community corrections program agents within the department of corrections.
Committee on Judiciary
SB00-018 by Senators Dyer, Musgrave, Powers; also Representatives Gotlieb, Hagedorn, Mace, May, Swenson--Concerning the ignition interlock program.
Committee on Transportation & Energy
SB00-057 by Senator Hillman; also Representative McPherson--Concerning the creation of an unclaimed property trust fund that consists of moneys collected by the treasurer under the Colorado "Unclaimed Property Act", and, in connection therewith, providing for the use of the principal and interest of the unclaimed property trust fund, eliminating the unclaimed property cash funds, and declaring the moneys in the trust fund exempt from fiscal year spending and state appropriation.
Committee on Business Affairs & Labor
SB00-072 by Senators Reeves, Anderson, Lamborn, Linkhart; also Representatives Taylor, Clarke, Leyba, Young--Concerning the administration of sales tax collections of the department of revenue for local governments.
Committee on Finance
SB00-077 by Senator Reeves; also Representative Larson--Concerning the Colorado peace officers standards and training board.
Committee on State, Veterans, & Military Affairs
SB00-101 by Senator Reeves; also Representatives Morrison, Williams T., Johnson--Concerning when a disciplinary proceeding against a mental health professional is open to the public.
Committee on Health, Environment, Welfare, & Institutions
SB00-129 by Senator Dyer; also Representative Larson--Concerning economic deregulation of intrastate railroads.
Committee on Transportation & Energy
SB00-132 by Senator Weddig; also Representative Miller--Concerning information provided to consumers by consumer reporting agencies.
Committee on Business Affairs & Labor
SB00-144 by Senator Owen; also Representative Spradley--Concerning the regulation of deferred deposit loans.
Committee on Business Affairs & Labor
SB00-156 by Senator Dennis; also Representative Smith--Concerning the distribution of taxes collected on aviation fuel that are credited to the aviation fund, and in connection therewith, modifying the definition of aviation purposes.
Committee on Transportation & Energy
SB00-179 by Senator Hernandez; also Representative Tochtrop--Concerning the licensure of a specialist in school psychology.
Committee on Health, Environment, Welfare & Institutions______________
INTRODUCTION OF RESOLUTION
The following resolution was read by title and laid over one day under the rules:
HJR00-1006 by Representative Dean; also Senator Blickensderfer--Concerning authorization for adjournment for more than three days during the current session of the general assembly and setting the convening date for the next regular session of the general assembly.
WHEREAS, Section 15 of article V of the Constitution states that neither house shall, without the consent of the other, adjourn for more than three days; and
WHEREAS, The House of Representatives and the Senate wish to authorize adjournment for all or any portion of the period covering Passover on Thursday, April 20, Good Friday on April 21, Saturday, April 22, and Easter Sunday on April 23; and
WHEREAS, Adjournment for these dates requires that certain legislative deadlines be adjusted to accommodate the adjournment; and
WHEREAS, Section 2-2-303.5, Colorado Revised Statutes, authorizes the General Assembly to designate the convening date for regular sessions by joint resolution; 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:
That each house of the General Assembly is hereby authorized to adjourn for all or any portion of the period between the close of business on Wednesday, April 19, 2000, and the time set for reconvening on the following Monday morning, April 24, 2000.
Be It Further Resolved:
That Joint Rule No. 23 (a) of the Joint Rules of the Senate and the House of Representatives is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
23. DEADLINE SCHEDULE
(a) (1.1) Notwithstanding the provisions of paragraph (1) of this subsection (a), for the second regular session of the sixty-second General Assembly only, the deadline for Appropriations Committee in second house to report bills referred to Appropriations Committee is changed from Friday, April 21, the 108th day to Monday, April 24, the 111th day and the deadline for final passage in second house of all bills referred to Appropriations Committee in that house is changed from Wednesday, April 26, the 113th day to Friday, April 28, the 115th day. This paragraph (1.1) is repealed, effective May 4, 2000.
Be It Further Resolved:
That, pursuant to section 2-2-303.5, Colorado Revised Statutes, the General Assembly designates Wednesday, January 10, 2001, as the convening date for the First Regular Session of the Sixty-third General Assembly._______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, the following items on the Calendar were laid over until February 16, retaining place on Calendar:
Consideration of General Orders--HB00-1008, 1185, 1007, 1186, 1025, 1204, 1206, 1205, 1150, 1195, 1202, 1112, 1299, 1251, 1297, 1281, 1349, 1207, 1300, 1254, 1285, 1343, 1377, SB00-073, HB00-1159, 1266, 1282, 1292, 1293, 1298, 1383, 1256, 1368, 1261, 1290, 1301, 1314, 1315, 1332, 1259, 1291, 1302, 1049, 1103, 1306, 1352, 1167, 1048, 1116, 1268, 1284, 1336, 1363, 1142.
Consideration of Memorial--SJM00-001.
Consideration of Senate Amendments--HB00-1141._______________
On motion of Representative Dean, the House adjourned until 8:00 a.m., February 16, 2000.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk