This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY

STATE OF COLORADO

First Regular Session

One hundred-fifth Legislative Day Tuesday, April 20, 1999

Prayer by Pastor Dan Elliott, South Presbyterian Church, Littleton.

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 Stengel, the reading of the journal of April 19, 1999, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

EDUCATION

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

HB99-1375 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 6, strike "THERE" and substitute "(1) THERE";

after line 14, insert the following:

"(2) FOR PURPOSES OF THIS PART 3, "SCHOOL" MEANS A PUBLIC SCHOOL OF A SCHOOL DISTRICT IN THIS STATE.";

line 23, strike "TO:" and substitute "TO, AT LEAST ONE OF THE FOLLOWING:".

SB99-165 be referred to the Committee on Appropriations with favorable recommendation.


HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

HB99-1374 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, after line 2, insert the following:

"SECTION 3.  The introductory portion to 26­6­108 (2) and 26­6­108 (2) (l), Colorado Revised Statutes, are amended, and the said 26­6­108 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

26­6­108.  Denial of original license ­ suspension ­ revocation ­ probation ­ refusal to renew license. (2)  The department may deny, suspend, revoke, or make probationary the license of any facility regulated and licensed under this part 1 should the licensee, AN AFFILIATE OF THE LICENSEE, A person employed by the licensee, or A person who resides with the licensee:

(l)  Admit to an act of child abuse or if substantial evidence is found that the licensee, person employed by the licensee, or person who resides with the licensee in the licensed facility has committed an act of child abuse. For the purposes of this paragraph (l), "child abuse" has the same meaning as that ascribed to the term "abuse" or "child abuse or neglect" in section 19­1­103 (1), C.R.S.; OR

(m)  IS THE SUBJECT OF A NEGATIVE LICENSING ACTION.".

Renumber succeeding section accordingly.

SB99-096 be referred to the Committee on Appropriations with favorable recommendation.



LOCAL GOVERNMENT

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

SB99-020 be referred to the Committee on Finance with favorable recommendation.

HJR99-1028 be referred to the Committee on Appropriations with favorable recommendation.

______________

DELIVERY OF BILLS TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bills have been delivered to the Office of the Governor: HB99-1063, 1228 at 3:20 p.m. on April 19, 1999.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate voted to concur in House amendments to SB99-155 and repassed the bills as amended.

The Senate granted permission to members of the First Conference Committee on HB99-1188 to consider matters not at issue between the two houses.

_________

The Senate has passed on Third Reading and returns herewith HB99­1012, 1032, 1092, 1111, 1132, 1174, and 1319.

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

SB99-173, amended as printed in Senate Journal, April 15, page 822;

SB99-220, amended as printed in Senate Journal, April 16, page 843;

HB99-1019, amended as printed in Senate Journal, April 16, page 844;

HB99-1079, amended as printed in Senate Journal, April 16, page 844;

HB99-1198, amended as printed in Senate Journal, April 16, pages 844­845;

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB99-173, 220, HB99-1019, 1079, and 1198.

_______________

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.

HB99-1359 by Representatives Allen, May, Dean, Gotlieb, King, McKay; also Senator Lacy--Concerning the assumption of certain functions relating to advanced technology programs by the Colorado commission on higher education, and, in connection therewith, abolishing the Colorado advanced technology institute and the Colorado advanced technology institute commission and transferring moneys appropriated to the institute for the 1999-2000 fiscal year to the Colorado commission on higher education and the governor's office.

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 53 NO 12 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 Y

Gordon N

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 N

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia Y

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Lee, Paschall, Spence, Stengel, Mr. Speaker.

HB99-1368 by Representatives Spradley, Kester, Larson, May, Tate; also Senator Anderson--Concerning the discipline of real estate licensees using incentives or disincentives to effect referrals to certain title insurance entities.

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 61 NO 4 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 N

Gagliardi Y

Gordon YGotlieb 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 N

McKay Y

McPherson Y


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 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 Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Coleman, Leyba, Stengel.

HB99-1361 by Representatives Kester, Young, Hoppe, Alexander, Coleman, Johnson, Kaufman, King, Larson, Lee, McElhany, McKay, Smith, Spradley, Stengel, Swenson, Webster; also Senator Hillman--Concerning the issuance of credit insurance in connection with credit transactions having certain terms of indebtedness.

Referred to the Committee on Local Government.

HB99-1366 by Representatives Larson, Alexander, Coleman, Gotlieb, May, Morrison, Tate, S. Williams, Witwer; also Senators Arnold, Reeves, Dyer, Evans, Teck, Wham--Concerning a modification of the exemptions from required use of systems designed to restrain children in motor vehicles.

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 49 NO 16 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley N

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace Y

May Y

McElhany N

McKay N

McPherson Y


Miller Y

Mitchell N

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia Y

Tate Y

Taylor N

Tochtrop N

Tool Y

Tupa N

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Clarke, Gagliardi, Mace, Stengel.

HB99-1370 by Representative Larson; also Senator Arnold--Concerning information maintained by the division of motor vehicles.

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 43 NO 22 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman N

Dean Y

Decker Y

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 Y

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace N

May Y

McElhany N

McKay N

McPherson N


Miller Y

Mitchell N

Morrison N

Nuñez N

Paschall N

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair Y

Smith Y

Spence N

Spradley N

Stengel Y

Swenson Y


Takis N

Tapia Y

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young N

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Gagliardi, Kaufman, Kester, Ragsdale, Swenson.

________________

On motion of Representative Webster, the House resolved itself into Committee of the Whole for consideration of General Orders, and he was called to the Chair to act as Chairman.

________________

GENERAL 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.)

SB99-022 by Senator Wham; also Representative Tool--Concerning coverage under a health benefit plan of health care services related to a woman's reproductive system provided by participating physicians who routinely practice women's reproductive system health care.

Amendment No. 1, by Representative Tool.

Strike the Health, Environment, Welfare, and Institutions Committee Report, dated March 3, 1999, and substitute the following:

"Amend reengrossed bill, page 1, line 4, strike "are amended, and the said 10­16­107 (5) is" and substitute "are amended to read:";

strike lines 5 and 6.

Page 2, line 2, strike "OBSTETRICIAN," and substitute "OBSTETRICIAN OR" and strike "OR CERTIFIED";

strike line 3, and substitute the following:

"THAT IS AFFILIATED WITH THE PLAN. THE OBSTETRICIAN, GYNECOLOGIST, CERTIFIED FAMILY PLANNING CLINIC, OR AN ADVANCED PRACTICE NURSE WHO IS A CERTIFIED NURSE MIDWIFE PURSUANT TO SECTION 12­38­111.5, C.R.S., SELECTED BY A WOMAN COVERED UNDER THE PLAN SHALL TRANSMIT TO THE PRIMARY CARE PROVIDER OF THE COVERED WOMAN A WRITTEN REPORT OF THE TREATMENT AFTER EACH VISIT. Effective";

line 6, strike "plan: either" and substitute "plan either:";

line 8, strike "CERTIFIED FAMILY PLANNING CLINIC,";

line 14, strike "CERTIFIED";

line 15, strike "FAMILY PLANNING CLINIC,";

strike lines 21 through 26.

Page 3, strike lines 1 through 7.

As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.

SB99-216 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman-Concerning an increase in the transfer of moneys from the general fund to the capital construction fund.

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

HB99-1018 by Representative Clarke; also Senator Wham--Concerning prenatal care for undocumented aliens, and making an appropriation therefor.

Amendment No. 1, by Representative Clarke.

Strike the Appropriations Committee Report, dated April 8, 1999, and substitute the following:

"Amend printed bill, page 2, line 7, strike "the provision of" and substitute "a study of how to provide";

strike lines 19 through 22, and substitute the following:

"(a.5) (I)  THE STATE DEPARTMENT MAY REVIEW OPTIONS TO PROVIDE PRENATAL CARE STATEWIDE FOR UNDOCUMENTED ALIENS THROUGH MEDICAID PROVIDERS, INCLUDING ESSENTIAL COMMUNITY PROVIDERS, AND THE POSSIBLE FUNDING SOURCES, INCLUDING BUT NOT LIMITED TO FEDERAL FUNDS, GRANTS, AND DONATIONS. FOR SUCH PURPOSES, THE STATE DEPARTMENT SHALL SEEK A FEDERAL WAIVER, INCLUDING A REQUEST FOR ANY NECESSARY CHANGE IN FEDERAL REGULATIONS OR STATUTES, FOR IMPLEMENTATION OF A PROGRAM THAT WILL INCLUDE FEDERAL FINANCIAL PARTICIPATION IN REIMBURSEMENT FOR PRENATAL CARE FOR UNDOCUMENTED ALIENS. THE STATE DEPARTMENT SHALL REPORT ON POSSIBLE OPTIONS AND FUNDING SOURCES AND THE POSSIBILITY OF FEDERAL FUNDING TO THE JOINT BUDGET COMMITTEE AND TO THE HOUSE AND SENATE COMMITTEES ON HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS BY OCTOBER 1, 1999.

(II)  THIS PARAGRAPH (a.5) IS REPEALED, EFFECTIVE DECEMBER 31, 1999.";

line 25, strike "condition AND INCLUDING" and substitute "condition.";

strike line 26.

Page 3, strike lines 1 through 6.

Renumber succeeding section accordingly.

Page 1, line 101, strike "ALIENS, AND MAKING" and substitute "ALIENS.";

strike line 102.".

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB99-1332 by Representatives Taylor, Paschall, Stengel; also Senators Blickensderfer, Dyer, Weddig--Concerning tuition assistance for members of the Colorado national guard, and making an appropriation therefor.

Amendment No. 1, State, Veterans, & Military Affairs Report, dated March 23, 1999, and placed in member's bill file; Report also printed in House Journal, March 24, pages 931-932.

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB99-1346 by Representatives Tool, George--Concerning the creation of a community food distribution program, and making an appropriation therefor.

Amendment No. 1, Health, Environment, Welfare, & Report, Institutions dated April 5, 1999, and placed in member's bill file; Report also printed in House Journal, April 6, pages 1061-1062.

Amendment No. 2, Appropriations Report, dated April 16, 1999, and placed in member's bill file; Report also printed in House Journal, April 16, page 1302.

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB99-1166 by Representative Tochtrop; also Senator Wham--Concerning personal needs funding for medicaid residents in nursing care facilities.

Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated January 27, 1999, and placed in member's bill file; Report also printed in House Journal, January 28, pages 236-237.

Amendment No. 2, Appropriations Report, dated April 16, 1999, and placed in member's bill file; Report also printed in House Journal, April 16, pages 1300-1301.

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

SB99-153 by Senators Owen, Andrews, Blickensderfer, Dennis, Feeley, Phillips, Powers, Reeves; also Representatives Spradley, George, Hagedorn, Johnson, Lee, Mitchell, Paschall, Tool--Concerning the voluntary restructuring of the retail market for natural gas.

Amendment No. 1, Business Affairs & Labor Report, dated March 16, 1999, and placed in member's bill file; Report also printed in House Journal, March 18, pages 822-823.

Amendment No. 2, by Representative McElhany.

Amend the Business Affairs and Labor Committee report, dated March 16, 1999, page 1, line 10, strike "THE CONTRACTS" and substitute "ANY PROPOSED CONTRACTS";

line 11, strike "ENTERED INTO" and substitute "BEING NEGOTIATED";

strike lines 12 and 13, and substitute "UTILITY AS CONFIDENTIAL INFORMATION UNTIL SUCH CONTRACTS OR AGREEMENTS ARE FORMALLY EXECUTED. UPON";

line 16, strike "DOCUMENTS" and substitute "CONTRACTS";

line 21, strike "DOCUMENTS" and substitute "CONTRACTS".

Page 2, line 1, strike "DOCUMENTS" and substitute "CONTRACTS";

line 2, strike "C.R.S.;" and substitute "C.R.S., UNTIL FORMALLY EXECUTED BY THE PARTIES;";

line 3, strike "DOCUMENTS" and substitute "CONTRACTS";

line 4, after "THEREOF", insert "PRIOR TO EXECUTION".

Amendment No. 3, by Representative Spradley.

Amend reengrossed bill, page 14, line 2, after the period add "IN THE CERTIFICATION REQUIREMENTS THE COMMISSION SHALL REQUIRE NATURAL GAS SUPPLIERS TO OPERATE A CUSTOMER SERVICE LOCATION IN THE STATE AND PROVIDE CUSTOMERS WITH A TOLL­FREE TELEPHONE NUMBER TO REACH THE NATURAL GAS SUPPLIER.".

As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.

HB99-1372 by Representatives May, George, Taylor; also Senator Lacy--Concerning the creation of the office of innovation and technology in the governor's office.

Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB99-1194 by Representatives Pfiffner, Paschall, Alexander, Allen, Dean, McElhany, McPherson, Sullivant, T. Williams, Young; also Senators Blickensderfer, Chlouber, Congrove, Hillman, Lacy, Lamborn, Musgrave, Powers, Tebedo--Concerning the state personnel system.

Amendment No. 1, by Representative Pfiffner.

Strike the State, Veterans, and Military Affairs Committee Report, dated January 28, 1999, and substitute the following:

"Amend printed bill, page 2, strike lines 2 through 19.

Strike pages 3 through 14.

Page 15, strike lines 1 through 8.

Page 15, after line 8, insert the following:

"SECTION 1.  24­50­104 (1) (c), Colorado Revised Statutes, is amended to read:

24­50­104.  Job evaluation and compensation. (1)  Total compensation philosophy. (c)  The state personnel director shall develop a performance management, evaluation, and reward system that permits periodic salary increases based on demonstrated performance withholding AND THAT WITHHOLDS such increases for less than satisfactory performance. and the establishment of NOTWITHSTANDING SECTION 24­50­118, THE STATE PERSONNEL DIRECTOR MAY AUTHORIZE STATE AGENCIES TO ESTABLISH A PLAN FOR THE PARTICULAR STATE AGENCY TO IMPLEMENT THE PERFORMANCE MANAGEMENT, EVALUATION, AND REWARD SYSTEM. THE DEPARTMENT OF PERSONNEL SHALL ESTABLISH BY RULE A PROCESS TO RESOLVE EMPLOYEE DISPUTES RELATED TO PERFORMANCE EVALUATIONS THAT DO NOT RESULT IN CORRECTIVE OR DISCIPLINARY ACTION AGAINST THE EMPLOYEE. EACH SUCH PLAN OF A STATE AGENCY SHALL BE SUBJECT TO THE DIRECTOR'S APPROVAL. THE STATE PERSONNEL DIRECTOR SHALL ALSO ESTABLISH a job rate for all classes in each occupational group, except the medical occupational group, the senior executive service, and any group where job rate is inapplicable as determined by the state personnel director. Movement within a pay grade ANNUAL PERFORMANCE PAY INCREASES shall be based on satisfactory or better performance. Once an employee reaches the job rate, which shall be an amount established by the annual total compensation survey, the employee shall be eligible only for nonbase­building performance awards rather than base salary adjustments. Except as provided in paragraph (d) of subsection (5) of this section, salaries may be increased or left unchanged subject to available appropriations for the performance management, evaluation, and reward system; except that no annual increase shall be guaranteed. Each agency shall establish an effective date for its performance awards based on the agency's business needs and available appropriations so long as the agency's appropriation requests related to such performance awards for the next fiscal year are no greater than the agency would have requested before establishing the effective date.

SECTION 2.  24­50­123, Colorado Revised Statutes, is amended to read:

24­50­123.  Grievances ­ review.  The board shall, by rule, adopt a uniform grievance procedure PROCEDURES to be used by all principal departments and agencies for employees in the state personnel system. The grievance procedure PROCEDURES shall provide an orderly system of review for all grievances except those AND SHALL DEFINE MATTERS THAT ARE SUBJECT TO SUCH GRIEVANCE PROCEDURES. MATTERS arising under section SECTIONS 24­50­125 AND 24­50­104 (1) (c) SHALL NOT BE SUBJECT TO A GRIEVANCE PROCEDURE UNDER THIS SECTION. The decision of the appointing authority shall be final; except that the board may review the decision of the appointing authority and, upon such review, shall uphold the decision unless the board finds that the decision was made arbitrarily or capriciously.".

Renumber succeeding sections accordingly.

Page 15, line 21, strike "EMPLOYEE";

line 22, strike "APPOINTMENT AND PROMOTION" and substitute "HUMAN RESOURCES INNOVATION".

Page 16, strike lines 3 and 4 and substitute the following:

"24­50­703. Agency­based human resources innovation program ­ personnel ­ guidelines and goals. (1) (a) There is";

line 5, strike "EMPLOYEE APPOINTMENT";

line 6, strike "AND PROMOTION" and substitute "HUMAN RESOURCES INNOVATION";

line 7, strike "pilot program" and substitute "pilot program AGENCY PROGRAMS";

line 8, strike "the" and substitute "the";

line 9, after "pilot" insert "EACH";

after line 10, insert the following:

"(b) A PERFORMANCE MANAGEMENT, EVALUATION, AND REWARD SYSTEM DEVELOPED PURSUANT TO SECTION 24­50­104 (1) (c) SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS PART 7.";

strike lines 11 through 26.

Strike page 17.

Page 18, strike line 1 and substitute the following:

"(2)  Participation in the pilot HUMAN RESOURCES INNOVATION program shall be initiated by an application of the head of an agency to the governor on or before January 1, 1996 SUBMITTING A PLAN TO THE STATE PERSONNEL DIRECTOR. Such application shall be submitted together with the plan described in subsection (3) of this section.

(3) (a)  Each agency that makes an application to participate in the pilot program shall design and submit a plan to the governor that incorporates a system for one or more of the following: PLAN SHALL BE FORMULATED UTILIZING THE REQUIREMENTS AND CRITERIA CONTAINED IN SECTION 24­50­704 AND THE INPUT OF THE AGENCY'S MANAGEMENT AND NON­MANAGEMENT EMPLOYEES.

(I)  The recruitment of employees;

(II)  The appointment of employees;

(III)  The promotion of employees;

(IV)  The classification of employees;

(V)  Employee dispute resolution;

(VI)  The performance evaluation of employees.

(b)  The plan shall be formulated utilizing the requirements and criteria contained in section 24­50­704 and the input of the agency's management employees and nonmanagement employees.

(c)  Each plan shall include a mechanism for periodic evaluations of the pilot program by the participating agency that focuses on whether the requirements and criteria described in section 24­50­704 are being achieved.

(4) (a)  The governor STATE PERSONNEL BOARD AND THE STATE PERSONNEL DIRECTOR shall either approve or reject the plan ESTABLISH A PROCESS FOR APPROVING PLANS submitted by an agency AGENCIES. If the plan is not approved, by the governor, the governor shall return the plan SHALL BE RETURNED to the agency with comments outlining the reasons for its rejection. and the period of time in which the agency may resubmit the plan to the governor.

(b)  A plan that is approved by the governor shall be submitted to the state personnel board for final approval or rejection. Any plan not objected to by the state personnel board within thirty days of its submittal shall be deemed approved and shall become effective.

(5)  The head of an agency participating in the pilot HUMAN RESOURCES INNOVATION program shall be responsible for implementing ADMINISTERING the pilot program in that agency.

(6) (a)  The state agencies participating in the pilot program shall present an annual status report on or before January 1, 1997, and on or before January 1, 1998. On or before December 31, 1999, those state agencies shall present a final report on the program together with recommendations for the future implementation of agency­based personnel programs in the state personnel system.

(b)  The reports required pursuant to this subsection (6) shall be filed in accordance with section 24­1­136 (9).";

strike lines 12 through 18 and substitute the following:

"SECTION 7.  Effective date.  This act shall take effect at 12:01".".

Amendment No. 2, by Representative Pfiffner.

Amend the Amendment No. 1, by Representative Pfiffner (L.009), printed in House Journal, page 1336, strike lines 20 through 32 and substitute the following:

"NON­MANAGEMENT EMPLOYEES, AND SHALL INCORPORATE A SYSTEM FOR ONE OR MORE OF THE FOLLOWING:

(I) (a)  The recruitment of employees;

(II) (b)  The appointment of employees;

(III) (c)  The promotion of employees;

(IV) (d)  The classification of employees;

(V) (e)  Employee dispute resolution;

(VI) (f)  The performance evaluation of employees.".

Amendment No. 3, by Representative Pfiffner.

Amend the Amendment No. 1, by Representative Pfiffner (L.009), printed in House Journal, page 1336, line 19, after "OF", insert "AN AGENCY LABOR­MANAGEMENT COUNCIL, IF ANY, AUTHORIZED BY HOUSE BILL 99­1195, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­SECOND GENERAL ASSEMBLY, AND OF".

Page 1337, strike lines 4 through 12 and substitute the following:

"(6) (a)  The state agencies participating in the pilot program shall present an annual status report on or before January 1, 1997, and on or before January 1, 1998. On or before December 31, 1999, AND ON OR BEFORE DECEMBER 31 OF EACH YEAR THEREAFTER, those state agencies PARTICIPATING IN THE HUMAN RESOURCES INNOVATION PROGRAM shall present a final AN ANNUAL report on the program together with recommendations for the future implementation of agency­based personnel programs in the state personnel system THE PROGRAM.

(b)  The reports required pursuant to this subsection (6) shall be filed WITH THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL, THE STATE PERSONNEL BOARD, A LABOR­MANAGEMENT COUNCIL AUTHORIZED BY HOUSE BILL 99­1195, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­SECOND GENERAL ASSEMBLY, IF ANY, OF THE AGENCY PARTICIPATING IN THE PROGRAM, AND in accordance with section 24­1­136 (9). SUCH LABOR­MANAGEMENT COUNCIL MAY REVIEW AND MAKE COMMENTS AND RECOMMENDATIONS ON THE PROGRAM AND PLAN DESCRIBED IN SUBSECTION (2) OF THIS SECTION TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL AND THE STATE PERSONNEL BOARD.".

Amendment No. 4, by Representative Pfiffner.

Amend the Amendment No. 3, by Representative Pfiffner (L.010), printed in House Journal, page 1337, line 44, strike "IF ANY, AUTHORIZED BY HOUSE";

strike lines 45 and 46 and substitute the following:

"IF ANY,";

line 25,after "EMPLOYEES.", insert "A LABOR­MANAGEMENT COOPERATION COUNCIL MAY BE ORGANIZED WITHIN ANY STATE AGENCY THAT CHOOSES TO IMPLEMENT SUCH A PLAN. SUCH COUNCIL SHALL BE COMPRISED OF REPRESENTATIVES FROM THE STATE AGENCY'S MANAGEMENT, NONMANAGEMENT EMPLOYEES, AND STATE EMPLOYEE ORGANIZATIONS, AS FULL PARTNERS. THE COUNCIL SHALL PARTICIPATE IN ALL STAGES OF THE CONSIDERATION AND IMPLEMENTATION OF A STATE AGENCY'S PLAN.".

Page 1338, strike lines 6 and 7 of the proposed amendment and substitute the following:

"OF THE".

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB99-1339 by Representatives Pfiffner, Paschall, Fairbank, Keller, McKay, McPherson, Scott, Vigil; also Senators Teck, Andrews--Concerning the expansion of property tax exemptions for entities that serve children.

Amendment No. 1, Finance Report, dated March 24, 1999, and placed in member's bill file; Report also printed in House Journal, March 25, page 960.

Amendment No. 2, Appropriations Report, dated April 9, 1999, and placed in member's bill file; Report also printed in House Journal, April 9, page 1135.

Amendment No. 3, by Representative Pfiffner.

Amend printed bill, page 2, strike lines 7 through 19 and substitute the following:

"SECTION 2.  39­3­110 (3), Colorado Revised Statutes, is amended to read:

39­3­110.  Property ­ integral part of child care center ­ charitable purposes ­ exemption ­ limitations. (3)  The provisions of subsection (1) of this section shall not apply to any child care center which THAT is operated for religious purposes and which THAT is exempt from the levy and collection of property tax pursuant to the provisions of section 39­3­106 or 39­3­106.5 OR THAT IS OPERATED AS A SCHOOL AND IS EXEMPT FROM THE LEVY AND COLLECTION OF PROPERTY TAX PURSUANT TO THE PROVISIONS OF SECTION 39­3­107. A CHILD CARE CENTER SHALL NOT BE DISQUALIFIED FROM CLASSIFICATION AS A SCHOOL THAT IS EXEMPT FROM THE LEVY AND COLLECTION OF PROPERTY TAX PURSUANT TO THE PROVISIONS OF SECTION 39­3­107 SOLELY BECAUSE SUCH CHILD CARE CENTER MAINTAINS HOURS OF OPERATION IN EXCESS OF THE MINIMUM HOUR REQUIREMENTS OF SECTION 22­32­109 (1) (n) (I), C.R.S.".

Amendment No. 4, by Representative Keller.

Amend printed bill, page 2, line 3, before "EDUCATIONAL", insert "NOT­FOR­PROFIT".

Amendment No. 5, by Representative Pfiffner.

Amend printed bill, page 1, line 6, after "(15.5)", insert "(a)";

line 7, strike "(a)" and substitute "(I)".

Page 2, line 3, strike "(b)" and substitute "(II)";

after line 6, insert the following:

"(b)  "SCHOOL" INCLUDES ANY EDUCATIONAL INSTITUTION THAT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (I) OR (II) OF PARAGRAPH (a) OF THIS SUBSECTION (15.5), EVEN IF SUCH EDUCATIONAL INSTITUTION MAINTAINS HOURS OF OPERATION IN EXCESS OF THE MINIMUM HOUR REQUIREMENTS OF SECTION 22­32­109 (1) (n) (I), C.R.S.".

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

(For change in action, see Amendments to Report.)

On motion of Representative Dean, the remainder of the General Orders Calendar (SB99-161, 039, 033, HB99-1360, SB99-204, HB99-1363, SB99-001, 034, 051, 119) was laid over until April 21, retaining place on Calendar.

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative Tate moved to amend the Report of the Committee of the Whole to show that Amendment No. 3, by Representative Pfiffner (L.006 printed in House Journal, page 1338 lines 53-56, and on page 1339 lines 1-16) to HB99­1339, did not pass, that the following Tate amendment, (L.002) to HB99­1339, did pass, and that HB99­1339, as amended, did pass.

Amend printed bill, page 2, strike lines 7 through 19.

Renumber succeeding sections accordingly.

The amendment was declared passed by the following roll call vote:

YES 36 NO 27 EXCUSED 2 ABSENT 0

Alexander Y

Allen N

Bacon Y

Berry Y

Chavez E

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 N

Johnson Y

Kaufman Y

Keller N

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 N

Morrison Y

Nuñez N

Paschall E

Pfiffner N

Plant Y

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 Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams, S. N

Williams, T. Y

Windels Y

Witwer N

Young N

Zimmerman Y

Mr. Speaker Y

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: SB99-022 amended, 216, HB99-1018 amended, 1332 amended, 1346 amended, 1166 amended, SB99-153 amended, HB99-1372, 1194 amended, 1339 amended.

Laid over until date indicated retaining place on Calendar:

SB99-161, 039, 033, HB99-1360, SB99-204, HB99-1363, SB99-001, 034, 051, 119--April 21, 1999.

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 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez E

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi YGordon 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

Nuñez Y

Paschall E

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

______________

CONSIDERATION OF CONFERENCE COMMITTEE REPORTS

SB99-143 by Senator Perlmutter; also Representative Kaufman--Concerning amendments to the "Colorado Consumer Protection Act", and, in connection therewith, limiting the class of potential plaintiffs to consumers of a defendant's goods, services, or property, restructuring the noneconomic damages provisions, and reorganizing provisions for clarity.

(Conference Committee Report printed in House Journal, April 16, page 1288.)

The Conference Committee Report was adopted by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez E

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman 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

Nuñez Y

Paschall E

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


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 repassed.

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon YBerry Y

Chavez E

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall E

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 Gotlieb, McElhany, McPherson, Veiga, Mr. Speaker.

SB99-025 by Senator Reeves; also Representative Johnson--Concerning an adjustment of certain time requirements affecting elections.

(Conference Committee Report printed in House Journal April 16, pages 1287-1288.)

The Conference Committee Report was adopted by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez E

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman 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

Nuñez Y

Paschall E

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


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 repassed.

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez E

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman 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

Nuñez Y

Paschall E

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 Kester, T.Williams.

_______________

CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS

HB99-1234 by Representative Mace; also Senator Perlmutter--Concerning the automatic temporary injunction in a petition for dissolution of marriage.

(Amended as printed in Senate Journal, March 31, page 643.)

Representative Mace moved that the House concur in Senate amend-ments. The motion was declared passed by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez E

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman 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

Nuñez Y

Paschall E

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


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 repassed.

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez E

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman 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

Nuñez Y

Paschall E

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 Leyba, Miller.

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on SB99-072

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99­072, concerning requirements for access to the primary election ballot by petition, has met and reports that it has agreed upon the following:

That it is unable to reach an agreement upon the differences between the two houses and that it asks to be discharged and that a second conference committee be appointed.

Respectfully submitted,

Senate Committee: House Committee:

MaryAnne Tebedo William Kaufman

Alice Nichol Tambor Williams

Doug Lamborn Lois Tochtrop

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1056, 1127, 1175, 1239, 1268, 1294; SB99-205; SJR99-022, 024, 027, 028.

______________

DELIVERY OF BILLS TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bills have been delivered to the Office of the Governor: HB99-1056, 1127 at 11:10 a.m. on April 20, 1999.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB99­1010 and 1312.

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

SB99-218, amended as printed in Senate Journal, Apri1 19, page 862.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB99-218.

______________

INTRODUCTION OF BILLS

First Reading

The following bills were read by title and referred to the committees indicated:

HB99-1380 by Representatives Johnson, Alexander, Gagliardi, George, Gotlieb, Grossman, Kester, Larson, Lawrence, McKay, Miller, Smith, Spradley, Stengel, Swenson, Tochtrop, Webster, Young, Zimmerman; also Senators Wattenberg, Chlouber, Dennis, Dyer, Hillman, Matsunaka, Musgrave, Nichol, Owen, Phillips, Powers, Reeves, Teck--Concerning the youth licensing program within the wildlife commission.

Committee on Agriculture, Livestock, & Natural Resources

SB99-173 by Senator Dennis; also Representative Young--Concerning the funding of Colorado water conservation board projects, and making appropriations in connection therewith.

Committee on Agriculture, Livestock, & Natural Resources

Committee on Appropriations

SB99-218 by Senator Anderson; also Representative Stengel--Concerning procedures to alleviate regulatory impairment of property rights.

Committee on State, Veterans, & Military Affairs

SB99-220 by Senator Lamborn; also Representative Kaufman--Concerning the enactment of the "Colorado Uniform Custodial Trust Act".

Committee on Judiciary

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until April 21, retaining place on Calendar:

Consideration of Resolutions--HJR99-1016, 1032, 1035, 1036, 1038, 1039, 1040, 1041, 1043, 1044, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, SJR99-029, 030, 031, 032, 035, 037, 039, 043, 044, 047.

Consideration of Memorials--HM99-1001, 1002, 1003, SJM99-004.

Consideration of Senate Amendments--HB99-1108.

______________

Correction

H.J. page 1321, line 44, strike "HB99-1323" and substitute "HB99-1328";

line 48, strike "HB99-1323" and substitute "HB99-1328".

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., April 21, 1999.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk