0/12/100
3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
Eighth Legislative Day Wednesday, January 12, 2000
Prayer by Rabbi Yaakov Chaitovsky, BMH-BJ Congregation, Denver.
The Speaker Pro Tempore called the House to order at 9:00 a.m.
The roll was called with the following result:
Present--64.
Absent and excused--Representative Taylor--1.
Present after roll call--Representative Taylor.
The Speaker Pro Tempore declared a quorum present._______________
On motion of Representative Scott, the reading of the journal of January 11, 2000, was dispensed with and approved as corrected by the Chief Clerk.______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred to the committees indicated:
HB00-1184 by Representatives Scott, Paschall, Dean, Johnson, King, Lee, McKay, Mitchell, Witwer--Concerning the regional transportation district.
Committee on Local Government
HB00-1185 by Representative Berry--Concerning the "Uniform Consumer Credit Code".
Committee on Business Affairs & Labor
HB00-1186 by Representatives George, May, Kester, Alexander, Allen, Dean, Decker, Gotlieb, Hoppe, Kaufman, King, Larson, Lawrence, McElhany, McKay, Miller, Smith, Swenson, Taylor, Tool, Williams T.; also Senators Anderson, Chlouber, Dennis, Dyer, Epps, Powers, Reeves, Teck, Wattenberg--Concerning the relationship between motor vehicle dealers and manufacturers.
Committee on Business Affairs & Labor
HB00-1187 By Representatives McKay, Pfiffner, Nuņez, and Paschall; also Senator Lamborn--Concerning an exemption from state sales tax for occasional transactions, and, in connection therewith, exempting from state sales tax isolated or occasional sales and purchases of services and isolated or occasional sales, purchases, and leases of tangible personal property other than motor vehicles.
Committee on Finance
Committee on Appropriations
HB00-1188 by Representative McKay--Concerning requirements for multistate associations issuing health insurance.
Committee on Business Affairs & Labor
HB00-1189 by Representative Johnson; also Senator Dennis--Concerning regulation of licensees conducting charitable games of chance.
Committee on Business Affairs & Labor
HB00-1190 by Representative Webster--Concerning an increase in the limitation on the outstanding bond amount issued by the Colorado student obligation bond authority.
Committee on Education
HB00-1191 by Representative Clarke; also Senator Andrews-- Concerning the authority of the department of the treasury to withhold the salary of a district court judge when such judge fails to rule in a timely manner.
Committee on Judiciary
Committee on Appropriations
HB00-1192 by Representative Hagedorn; also Senator Phillips-- Concerning restrictions on post-termination employment of persons involved in government.
Committee on Judiciary
HB00-1193 by Representative Stengel--Concerning the creation of a Colorado nonreimbursed instructional expenses income tax credit as a means of refunding state revenues in excess of the constitutional limitation on state fiscal year spending in any given fiscal year, and making an appropriation therefor.
Committee on Finance
Committee on Appropriations
HB00-1194 by Representatives George, McPherson--Concerning campaign finance.
Committee on State, Veterans, & Military Affairs
HB00-1195 by Representative Tate--Concerning measures to correct underutilization of protected classes in the state personnel system.
Committee on Judiciary
HB00-1196 by Representative McElhany--Concerning granting a liquor licensing authority the power to suspend a portion of certain liquor licenses.
Committee on Business Affairs & Labor
HB00-1197 By Representatives Williams S., Coleman, Keller, Mace, Tapia, and Windels; also Senators Perlmutter, Linkhart, and Weddig--Concerning prohibition of the negligent storage of firearms.
Committee on Judiciary
HB00-1198 By Representatives Keller, Kaufman, Smith, and Windels; also Senator Perlmutter--Concerning the creation of a Colorado income tax credit for the educational expenses of children incurred by their parents as a means of refunding state revenue in excess of the constitutional limitation on state fiscal year spending in any given fiscal year.
Committee on Finance
Committee on Appropriations
HB00-1199 by Representatives Nuņez, Kester, Webster; also Senator Evans--Concerning county approval of the municipal annexation of an area located in such county.
Committee on Local Government
HB00-1200 By Representatives Nuņez, Pfiffner, Clapp, Fairbank, Hefley, Lee, May, McElhany, McKay, Mitchell, Paschall, Scott, Sinclair, Stengel, Taylor, Webster, and Witwer; also Senators Owen, Andrews, and Lamborn--Concerning a reduction in the annual allowable increase in total state general fund appropriations, and, in connection therewith, reducing the allowable increase from the lesser of five percent of Colorado personal income or six percent over general fund appropriations for the previous fiscal year to the lesser of five percent of Colorado personal income or five percent over general fund appropriations for the previous fiscal year, and directing that any moneys saved as a result of the change in the allowable increase shall be treated as excess state revenues.
Committee on Finance
Committee on Appropriations
HB00-1201 by Representative McElhany--Concerning prohibition of the possession of a weapon by a previous offender, and making an appropriation therefor.
Committee on Judiciary
Committee on Appropriations
HB00-1202 By Representatives Clapp, Dean, Decker, Fairbank, King, Lee, McKay, Nuņez, Paschall, and Pfiffner--Concerning access to student information.
Committee on State, Veterans, & Military Affairs
HB00-1203 by Representatives Williams S., Alexander, Hefley, Tupa; also Senators Pascoe, Linkhart--Concerning a state income tax credit for certain employees of child care facilities.
Committee on Finance
HB00-1204 By Representatives Johnson, May, Hagedorn, Young, Bacon, Hoppe, Larson, and Morrison; also Senators Chlouber, Dennis, Reeves, and Weddig--Concerning the creation of the Colorado telemarketing no call list for residential telephone subscribers who wish to avoid unwanted commercial telephone solicitation.
Committee on Business Affairs & Labor
HB00-1205 by Representatives Hagedorn, Tool--Concerning the licensure of addiction counselors.
Committee on Health, Environment, Welfare, & Institutions
HB00-1206 By Representatives May, Alexander, Berry, Clapp, Dean, Decker, Fairbank, Hefley, Johnson, Kester, King, Larson, Lee, McElhany, McKay, McPherson, Mitchell, Nuņez, Paschall, Pfiffner, Sinclair, Smith, Spence, Stengel, Tool, Webster, Witwer, Young, Allen, Hoppe, Scott, Swenson, and Williams T.; also Senators Hillman, Andrews, Arnold, Congrove, Epps, Owen, Sullivant, and Tebedo--Concerning the prohibition of discrimination against employees based upon labor union participation.
Committee on Business Affairs & Labor
HB00-1207 By Representatives Larson, Morrison, Alexander, Johnson, Keller, and Witwer--Concerning the treatment of mentally ill persons in facilities located outside of Colorado.
Committee on Health, Environment, Welfare, & Institutions
HB00-1208 by Representatives Clapp, Berry, Dean, Decker, Fairbank, Hefley, Hoppe, Johnson, King, Larson, Lee, May, McKay, Nuņez, Paschall, Scott, Sinclair, Spence, Spradley, Taylor, Witwer, Young; also Senator Teck--Concerning limitations on civil actions regarding firearms.
Committee on State, Veterans, & Military Affairs
HB00-1209 by Representatives Pfiffner, Berry, Clapp, Dean, Decker, Fairbank, Hefley, Hoppe, Johnson, Larson, Lee, McElhany, McKay, Mitchell, Nuņez, Paschall, Sinclair, Smith, Swenson, Webster, Williams T., Witwer, and Young; also Senators Andrews, Arnold, Chlouber, Dyer, and Hillman--Concerning the expansion of the existing capital gains modification to Colorado taxable income.
Committee on Finance
Committee on Appropriations
HB00-1210 By Representatives Vigil, Coleman, King, and Spence; also Senator Hernandez--Concerning statewide assessments of students with limited English proficiency.
Committee on Education
HB00-1211 By Representatives Hoppe, Kester, and Webster--Concerning the refunding of tax paid on the purchase of special fuel.
Committee on Finance
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.
Committee on Agriculture, Livestock, & Natural Resources
HB00-1213 by Representatives Tupa, Gordon, Plant, Williams S., Windels; also Senator Thiebaut--Concerning the reduction of class sizes in public schools.
Committee on Education
HB00-1214 By Representatives Decker, Dean, Gordon, Lee, McKay, Scott, Sinclair, Stengel, Swenson, Bacon, Hefley, King, May, Williams S., Windels, Young, and Zimmerman; also Senator Sullivant--Concerning prohibition of the purchase of firearms by persons on behalf of other persons who are ineligible to purchase firearms, and making an appropriation therefor.
Committee on Judiciary
Committee on Appropriations
HB00-1215 By Representatives Gotlieb, Bacon, Clarke, Gordon, Grossman, Kaufman, Keller, Kester, Larson, Miller, Morrison, Smith, Spradley, Tapia, Williams S., and Witwer; also Senators Arnold, Blickensderfer, Dennis, Dyer, Feeley, Teck, Weddig, and Pascoe--Concerning an increase in the state contribution for employees enrolled in group benefit plans.
Committee on Health, Environment, Welfare, & Institutions
HB00-1216 by Representative Lawrence; also Senator Arnold--Concerning procedural changes for the strengthening of the criminal laws.
Committee on Judiciary
HB00-1217 by Representative Tupa--Concerning the scope of campaign activities in elections, and, in connection therewith, establishing limits on contributions that may be made to candidate committees for state offices and to political committees, imposing restrictions on certain electioneering communications, and prohibiting certain conduct by state employees in connection with campaign activity.
Committee on State, Veterans, & Military Affairs
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.
Committee on Local Government
HB00-1219 By Representatives Decker, Bacon, Stengel, Swenson, and Williams S.--Concerning accreditation by the state board of education.
Committee on Education
HB00-1220 By Representative Zimmerman; also Senators Phillips, and Weddig--Concerning the prohibition of the purchase of handguns at gun shows by persons under twenty-one years of age, and making an appropriation in connection therewith.
Committee on State, Veterans, & Military Affairs
Committee on Appropriations
HB00-1221 by Representative Bacon; also Senator Linkhart-- Concerning the provision of health care to persons in the aid to the needy disabled program who are not receiving medicaid.
Committee on Health, Environment, Welfare, & Institutions
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.
Committee on Education
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.
Committee on Local Government
HB00-1224 By Representatives Taylor, Miller, Dean, Allen, Berry, George, Hoppe, Johnson, Kaufman, Kester, May, McElhany, McPherson, Smith, Spence, Spradley, Tool, and Young; also Senators Lacy, Dennis, Tebedo, Arnold, Chlouber, Hillman, and Matsunaka--Concerning the promotion of tourism in the state of Colorado, and, in connection therewith, creating the Colorado tourism office and eliminating the Colorado tourism board and the Colorado travel and tourism authority.
Committee on Business Affairs & Labor
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.
Committee on State, Veterans, & Military Affairs
HB00-1226 By Representatives Fairbank, Spence, and Stengel--Concerning the conversion of a liquor-licensed drugstore license to a retail liquor store license under the "Colorado Liquor Code".
Committee on Local Government______________
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title and laid over one day under the rules:
HJR00-1002 by Representatives Dean, George, Spradley, Gordon; also Senators Blickensderfer, Powers, Feeley--Concerning changes to the Joint Rules relating to interim committees.
Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado, the Senate concurring herein:
That Joint Rule 23A (d) of the Joint Rules of the Senate and the House of Representatives is repealed as follows:
23A. CONSIDERATION OF BILLS BY COMMITTEES
(d) Repealed and Relocated in amended form to Joint Rule 24A (b).
Any bill or resolution that creates an interim study committee, or an advisory committee, commission, or task force that is charged with interim study responsibility, shall be referred from the committee of reference to the Legislative Council for purposes of review and prioritization in accordance with the process established in Section 2-3-303.3, Colorado Revised Statutes.
That Joint Rule 24 (b) (1) (D) and 24 (b) (1) (E) of the Joint Rules of the Senate and the House of Representatives are amended to read:
24. SPONSORSHIP OF BILLS
(b) (1) (D) In addition to the bills which may be introduced in accordance with subparagraph (A) of this paragraph (1), a member may introduce the bills permitted under this subparagraph (D). Such bills shall be from among those recommended by interim Legislative Council committees or other committees created by statute or resolution which operate during the interim. except that No interim Legislative Council committee or committee created by statute or resolution may recommend more than four bills. No committee created by statute may recommend more than two bills per member of the Senate or House serving on such committee, and no committee created by resolution may recommend more than one bill per member of the Senate or House serving on such committee; except that any committee that has fewer than eight legislative members shall be allowed to recommend up to eight bills. A member may not introduce more than two such bills recommended by committees pursuant to this subparagraph (D). In order for a committee bill to be designated as one of the additional bills which may be introduced by a member under this subparagraph (D), including a bill recommended by a committee created by statute or resolution, it shall be approved by the Legislative Council no later than October 15 in even-numbered years and no later than November 15 in odd-numbered years. Bills or other measures recommended by an interim Legislative Council committee or by a committee created by statute or resolution need not be sponsored by a member of the committee making the recommendation. Upon written request of a committee, the Executive Committee of Legislative Council may waive the limit imposed by this subparagraph (D) on the number of bills that a committee may recommend. Such a request shall be made to the Executive Committee no later than thirty days before the applicable October 15 or November 15 approval date.
(E) Bills or other measures recommended by an interim Legislative Council committee or by a committee created by statute or resolution which operates during the interim and which reports to the Legislative Council need not have a sponsor for purposes of such report; however, no such bill or other measure shall be approved by the Legislative Council until it has a prime sponsor for introduction.
That the Joint Rules of the Senate and the House of Representatives are amended BY THE ADDITION OF A NEW RULE to read:
24A. INTERIM COMMITTEE REQUIREMENTS - VOTING
REQUIREMENTS - ELECTRONIC PARTICIPATION
(a) For purposes of this rule, "interim study committee" includes any committee, subcommittee, ad hoc committee, advisory committee, commission, or task force that is authorized to conduct an interim study or is charged with interim study responsibility.
(b) Any bill or resolution that creates any interim study committee or that provides for any study or additional activity that requires the allocation of legislative staff resources during the interim shall be referred from the committee of reference to the Legislative Council for purposes of review and prioritization in accordance with the process established in section 2-3-303.3, Colorado Revised Statutes.
(c) Any such bill or resolution, at a minimum, shall specify the membership of the interim study committee; the appointing authority for the members, including the appointing authority for any member who is required to meet specific professional, geographic, or other conditions; the specific issues to be studied; and any agencies that are required to provide staff support.
(d) Unless otherwise specified in statute or rule or in a bill or resolution creating an interim study committee, the following shall apply to interim study committees:
(1) The chairman shall be appointed by the Speaker of the House of Representatives when the bill or resolution creating the committee originates in the House and the President of the Senate when the bill or resolution creating the committee originates in the Senate. The vice-chairman shall be appointed by the Speaker of the House of Representatives when the bill or resolution creating the committee originates in the Senate and by the President of the Senate when the bill or resolution creating the committee originates in the House of Representatives.
(2) The number of committee meetings shall not exceed six unless the committee chairman obtains prior approval of the Executive Committee;
(3) Expenses for travel shall be approved by the Executive Committee prior to any travel;
(4) Expenses and a per diem shall not be paid to non-legislative members;
(5) Majority and minority party membership from each house shall be proportional to the majority and minority party membership of the respective body, which proportion shall be determined by the Speaker of the House of Representatives for House members and the President of the Senate for Senate members;
(6) The committee shall report its findings and recommendations to the Legislative Council by the date specified in Joint Rule 24 (b) (1) (D) and shall be subject to the limitations on bills contained in such joint rule; except that a committee shall only be required to report to the Legislative Council when it recommends the adoption of any legislative measure.
(e) During the interim, the Executive Committee shall approve the use of any additional staff resources required as the result of action taken by any existing committee to authorize a new interim activity or to create a committee, subcommittee, ad hoc committee, advisory committee, commission, or task force that will operate during the interim.
(f) If any interim study committee or committee created by statute or resolution includes non-legislative members, a majority vote of the legislative members shall be required to recommend any legislation unless otherwise specified in the statute or resolution.
(g) Legislators shall not be permitted to participate in any meeting of an interim study committee through telephone or other electronic connection._________
HR00-1008 by Representatives Dean, George, Spradley, Gordon--Concerning legislative council acting as a committee of reference.
Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado:
That Rule 25 (a.1) of the Rules of the House of Representatives is amended to read:
25. COMMITTEES
(a.1) (1) The Committee on Legal Services shall be considered a committee of reference for any bill introduced pursuant to section 24-4-103 (8) (d), Colorado Revised Statutes. 1973.
(2) The Legislative Council shall be considered a committee of reference for any bill or resolution that is referred to it for review and prioritization pursuant to Joint Rule 23A (d) and section 2-3-303.3, Colorado Revised Statutes._________
HR00-1009 by Representatives Dean, George, Spradley, Gordon--Concerning electronic participation in committees of reference.
Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado:
That the Rules of the House of Representatives are amended BY THE ADDITION OF A NEW RULE to read:
25A. ELECTRONIC PARTICIPATION IN
COMMITTEES OF REFERENCE
Members of the House of Representatives shall not be permitted to participate in any meeting of a committee of reference through telephone or other electronic connection.
______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB00-1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202._______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, Consideration of HR00-1004, 1005, 1006, 1007 was laid over until January 13, retaining place on Calendar._______________
On motion of Representative Dean, the House adjourned until 9:00 a.m., January 13, 2000.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk