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-seventh Legislative Day Thursday, April 22, 1999

Prayer by Pastor Stephen Swanson, St Paul's Lutheran Church, Denver.

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

The roll was called with the following result:

Present--60.

Absent and excused--Representatives Berry, Dean, George, Lawrence, Tool--5.

Present after roll call--Representatives Berry, Dean, George, Lawrence, Tool.

The Speaker declared a quorum present.

_______________

On motion of Representative Stengel, the reading of the journal of April 21, 1999, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

BUSINESS AFFAIRS AND LABOR

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

HB99-1352 be postponed indefinitely.

HB99-1371 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, line 15, strike "MAKE AVAILABLE UPON REQUEST" and substitute "PROVIDE".


SB99-210 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, strike lines 16 through 18 and substitute the following:

"SECTION 2.  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.".

SB99-217 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:

HB99-1373 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 1, insert the following:

"SECTION 1. 26-4-103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

26-4-103. Definitions. As used in this article, unless the context otherwise requires:

(13.3)  "PILOT PROGRAM", AS USED IN SECTION 26-4-414.7, MEANS THE FAMILY PLANNING PILOT PROGRAM ESTABLISHED IN SECTION 26-4-414.7, WHICH IS CARRIED OUT BY ALL EXISTING MEDICAID PROVIDERS AND WHICH SHALL BE REPEALED, EFFECTIVE JULY 1 FIVE YEARS AFTER THE ISSUANCE OF THE FEDERAL WAIVER OR JULY 1 IN THE YEAR IN WHICH THE WAIVER IS TERMINATED, WHICHEVER OCCURS FIRST.".

Renumber succeeding sections accordingly.

Page 2, after line 21, insert the following:

"(3) (a)  UPON ISSUANCE OF THE FEDERAL WAIVER SOUGHT PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE DEPARTMENTS OF HEALTH CARE POLICY AND FINANCING AND PUBLIC HEALTH AND ENVIRONMENT SHALL SEEK THE NECESSARY APPROPRIATION OF GENERAL FUNDS THROUGH THE NORMAL BUDGETARY PROCESS FOR THE IMPLEMENTATION OF THIS ACT.";

line 22, strike "(3)" and substitute "(b)".

Page 3, line 20, strike "APPROPRIATIONS." and substitute "APPROPRIATIONS PURSUANT TO PARAGRAPH (a) OF SUBSECTION (3) OF THIS SECTION.".

Page 4, strike lines 5 through 26.

Page 5, strike lines 1 and 2.

Renumber succeeding section accordingly.

Page 1, strike lines 102 and 103 and substitute the following:

"INDIVIDUALS.".

JUDICIARY

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

HB99-1379 be referred to the Committee of the Whole with favorable recommendation.

SB99-130 be referred to the Committee of the Whole with favorable recommendation.

SB99-150 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 4, strike lines 15 through 19, and substitute the following:

"COST OF TREATMENT AND REHABILITATION, MEDICAL EXPENSES, OR ANY OTHER PECUNIARY LOSS PROXIMATELY CAUSED BY AN INDIVIDUAL'S USE OF AN ILLEGAL DRUG;";

strike lines 21 through 23, and substitute the following:

"PAIN AND SUFFERING, DISFIGUREMENT, LOSS OF ENJOYMENT, LOSS OF COMPANIONSHIP AND CONSORTIUM, AND".

Page 5, strike line 1, and substitute the following:

"(d)  REASONABLE ATTORNEY FEES INCURRED AS A RESULT OF BRINGING AN ACTION UNDER THIS SECTION; AND".

Page 6, strike lines 3 through 8, and substitute the following:

"13­21­606. Comparative negligence. (1)  AN ACTION UNDER THIS PART 6 IS GOVERNED BY THE PRINCIPLES OF COMPARATIVE NEGLIGENCE.".

Page 7, line 3, after "FELONY", insert "RELATED TO PARTICIPATION IN THE MARKETING OF ILLEGAL DRUGS";

line 13, strike "104" and substitute "102";

line 15, strike "104" and substitute "102".

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on SB99-052

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99-052, concerning charter schools, and, in connection therewith, modifying deadlines and procedures for charter school applications and specifying membership on review committees for charter school applications, has met and reports that it has agreed upon the following:

1. That the Senate accede to the House amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 2, strike lines 8 through 14 and substitute the following:

"(4.5) (a)  IN ORDER TO CLARIFY THE STATUS OF CHARTER SCHOOLS FOR PURPOSES OF TAX­EXEMPT FINANCING, A CHARTER SCHOOL, AS A PUBLIC SCHOOL, IS A GOVERNMENTAL ENTITY. DIRECT LEASES AND FINANCIAL OBLIGATIONS".

Page 4, strike lines 18 through 26.

Page 5, strike lines 1 through 4.

Renumber succeeding section accordingly.

2. That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendments be recommended:

Amend rerevised bill, page 2, strike line 5 and substitute the following:

"amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:".

Page 3, after line 1, insert the following:

"(b)  NOTWITHSTANDING THE PROVISIONS OF SECTION 22­30.5­110 (1) TO THE CONTRARY, A CHARTER SCHOOL AND THE LOCAL BOARD OF EDUCATION MAY AGREE TO EXTEND THE LENGTH OF THE CHARTER BEYOND FIVE YEARS FOR THE PURPOSE OF ENHANCING THE TERMS OF ANY LEASE OR FINANCIAL OBLIGATION.

(8) A CHARTER SCHOOL SHALL BE AUTHORIZED TO OFFER ANY EDUCATIONAL PROGRAM THAT MAY BE OFFERED BY A SCHOOL DISTRICT UNLESS EXPRESSLY PROHIBITED BY ITS CHARTER OR BY STATE LAW.";

line 2, strike "(1) and";

line 3, strike "are" and substitute "is";

strike lines 5 through 20 and substitute the following:

"22­30.5­107. Charter application ­ process. (1.5)  FOR PURPOSES OF REVIEWING A CHARTER SCHOOL".

Respectfully submitted,

Senate Committee: House Committee:

Jim Congrove Keith King

Marilyn Musgrave Doug Dean

Jim Dyer Carl Miller

______________

PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed: HB99-1380.

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1012, 1032, 1092, 1159, 1160, 1171, 1204, 1288, 1317; SB99-215.

______________

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: HB99-1175, 1239, 1268, 1294 at 2:15 p.m. on April 21, 1999.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has postponed indefinitely and returns herewith: HB99-1004, 1087, and 1287.

_______________

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.

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.

As shown by the following roll call vote, a majority of all members elected to the House voted in the affirmative, and Representative Tool was given permission to offer a Third Reading amendment:

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

Nuñez 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 amendment No. 1, by Representative Tool.

Amend revised bill, page 2, line 3, strike "CERTIFIED FAMILY PLANNING CLINIC,".

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

YES 57 NO 8 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 N

Gordon N

Gotlieb Y

Grossman N

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 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 Y

Tate N

Taylor Y

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 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 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

Nuñez 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, Clarke, Coleman, Hagedorn, Kaufman, Larson, Leyba, Mace, Morrison, Saliman, Tapia, Tate, Tochtrop, Tupa, Veiga, Vigil, S.Williams, Witwer.

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.

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 62 NO 3 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 YGrossman 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 N

Paschall N

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 Larson, Lawrence, Mr. Speaker.

HB99-1018 by Representative Clarke; also Senator Wham--Concerning prenatal care for undocumented aliens.

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 N

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean Y

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 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 N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair N

Smith Y

Spence N

Spradley Y

Stengel N

Swenson N


Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Bacon, Chavez, Coleman, Gagliardi, Gordon, Grossman, Kaufman, Mace, Miller, Plant, Ragsdale, Saliman, Tapia, Tate, Tochtrop, Tupa, Veiga, Vigil, Williams, S., Zimmerman, Mr. Speaker.

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.

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 57 NO 8 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez NClapp Clarke N

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi N

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 N

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 Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool N

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 Bacon, Dean, Grossman, Lee, Morrison, Nuñez, Stengel, Swenson, Witwer, Young.

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.

As shown by the following roll call vote, a majority of all members elected to the House voted in the affirmative, and Representative Pfiffner was given permission to offer a Third Reading amendment:

YES 53 NO 12 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi N

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 N

Mace N

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale N

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil N

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y


Third Reading amendment No. 1, by Representative Pfiffner.

Amend engrossed bill, page 5, line 25, after "ANY,", insert "AND".

Page 6, line 6, strike "AND" and substitute "THE PLAN".

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

YES 50 NO 15 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

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 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 N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa Y

Veiga Y

Vigil N

Webster Y

Williams, S. N

Williams, T. Y

Windels Y

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 38 NO 27 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 N

Keller N

Kester N

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace N

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 N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool 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 N

Co-sponsors added: Representatives Lee, May, McKay, Spence, Stengel, Taylor, Webster.

Representative Allen requested her name be removed as sponsor.

HB99-1166 by Representative Tochtrop; also Senator Wham--Concerning personal needs funding for medicaid residents in nursing care facilities, and making an appropriation in connection therewith.

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 62 NO 3 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 N

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez N

Paschall N

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Allen, Bacon, Chavez, Clapp, Clarke, Coleman, Dean, Decker, Fairbank, Gagliardi, Hagedorn, Hoppe, Keller, Kester, Lawrence, Lee, Leyba, Mace, Mitchell, Morrison, Plant, Ragsdale, Saliman, Scott, Spence, Spradley, Stengel, Takis, Tapia, Taylor, Tool, Tupa, Veiga, Vigil, Webster, S.Williams, Windels, Zimmerman.

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

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 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 Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez 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, Dean, Gagliardi, Hefley, Kester, Lawrence, Lee, Leyba, McKay, Miller, Mitchell, Morrison, Scott, Spence, Spradley, Swenson, Tapia, Witwer, Young, Zimmerman, Mr. Speaker.

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

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 Y

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 Y

Lawrence Y

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair N

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 N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Bacon, Chavez, Coleman, Gagliardi, Gordon, Kester, Lawrence, Leyba, Mace, Miller, Plant, Saliman, Tapia, Taylor, Tochtrop, Tupa, Veiga, Vigil, Witwer, Zimmerman.

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.

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

Nuñez 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 Hefley, May, McKay, Stengel.

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.

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 60 NO 5 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 Y

Gordon Y

Gotlieb Y

Grossman N

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 Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

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 N

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Fairbank, Gotlieb, Hagedorn, Hefley, Kester, Larson, Lawrence, Lee, Paschall, Plant, Scott, Smith, Stengel, Swenson, T.Williams.

_______________

On motion of Representative Dean, HB99-1363 shall be made Special Orders on Thursday, April 22, 1999, at 10:12 a.m.

_______________

The hour of 10:12 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 BILL

The Committee of the Whole having risen, the Chairman reported the title of the following bill had been read (reading at length had been dispensed with by unanimous consent), the bill 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.)

HB99-1363 by Representatives Taylor, George, Alexander, Dean, Hoppe, Johnson, Kester, Larson, Miller, Smith, Webster, Young; also Senators Blickensderfer, Dennis, Dyer, Hillman, Wattenberg--Concerning the conditions under which local exchange telecommunications providers compete in Colorado.

Rereferred to the Committee on Business Affairs & Labor.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Rereferred to Committee indicated: HB99-1363--Committee on Business Affairs & Labor.

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 64 NO 0 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp E

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb YGrossman 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 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

_______________

House in recess. House reconvened.

_______________

REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

SB99-145 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 3, strike lines 7 through 11, and substitute the following:

"(b)  THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT THE RECOMMENDATIONS OF THE GRAND CANYON VISIBILITY TRANSPORT COMMISSION FOR IMPROVING WESTERN VISTAS IDENTIFIED NATURAL AND PRESCRIBED FIRES AS HAVING THE SINGLE GREATEST IMPACT ON VISIBILITY AT CLASS I AREAS THROUGH THE YEAR 2040 AND THAT OTHER SIGNIFICANT AMOUNTS OF VISIBILITY IMPAIRMENT RESULT FROM ACTIVITIES ON FEDERAL LANDS, FROM MOBILE SOURCES, AND FROM MEXICO. THE ONLY MAJOR SOURCE OF VISIBILITY IMPAIRMENT OVER WHICH THIS STATE HAS JURISDICTION BUT HAS NOT YET DEVELOPED A COMPREHENSIVE PROGRAM TO REDUCE SUCH IMPAIRMENT IS THE EMISSIONS FROM ACTIVITIES MANAGED BY FEDERAL LAND MANAGEMENT AGENCIES; THEREFORE, THIS";

line 23, after the period, add "THE STATE, BY REVIEWING FEDERAL LAND MANAGEMENT PLANS, CAN ACHIEVE SIGNIFICANT PROGRESS TOWARDS COOPERATIVELY REDUCING EMISSIONS FROM THOSE LANDS WHICH IMPACT VISIBILITY IN COLORADO.".

Page 4, line 6, strike "AVAILABLE, PRACTICABLE, AND" and substitute "ALL AVAILABLE, PRACTICABLE METHODS THAT ARE";

line 7, strike "METHODS" and substitute "AND ECONOMICALLY REASONABLE".

APPROPRIATIONS

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

HB99-1007 be postponed indefinitely.

HB99-1345 be referred to the Committee of the Whole with favorable recommendation.

HB99-1347 be postponed indefinitely.

HB99-1348 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 6, after line 12 insert the following:

"SECTION 2.  Appropriation - adjustment in 1999 long bill. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the legislative department, for the fiscal year beginning July 1, 1999, the sum of fifty-four thousand seven hundred nine dollars ($54,709) and 1.1 FTE, or so much thereof as may be necessary, for the implementation of this act. Of said sum, forty thousand two hundred fifty-four dollars ($40,254) and 1.0 FTE shall be allocated to the legislative council, three thousand seven hundred twenty-seven dollars ($3,727) and 0.1 FTE shall be allocated to the office of legislative legal services, and ten thousand seven hundred twenty-eight dollars ($10,728) shall be allocated to the general assembly.

(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 1999, shall be adjusted as follows:

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by fifty-four thousand seven hundred nine dollars ($54,709).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by fifty-

four thousand seven hundred nine dollars ($54,709).".

Renumber succeeding section accordingly.

Page 1, line 102, strike "COMMITTEE." and substitute "COMMITTEE, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

HB99-1351 be referred to the Committee of the Whole with favorable recommendation.

HB99-1353 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the House Judiciary Committee Report, dated April 8, 1999, page 2, line 4, strike "Appropriation." and substitute "Appropriation - adjustment in 1999 long bill. (1)";

line 9, strike "act."." and substitute "act.";";

after line 9, insert the following:

"(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 1999, shall be adjusted as follows:

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by twenty-eight thousand five hundred thirty dollars ($28,530).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by twenty-eight thousand five hundred thirty dollars ($28,530).".


HB99-1369 be referred to the Committee of the Whole with favorable recommendation.

EDUCATION

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

HB99-1378 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 4, line 17, strike "ENGLISH." and substitute "ENGLISH; EXCEPT THAT, ANY STUDENT WHO HAS PARTICIPATED IN THE ENGLISH LANGUAGE PROFICIENCY PROGRAM CREATED PURSUANT TO SECTION 22­24­104 FOR MORE THAN A TOTAL OF THREE YEARS SHALL BE INELIGIBLE FOR ADMINISTRATION OF THE ASSESSMENTS IN A LANGUAGE OTHER THAN ENGLISH.";

after line 19, insert the following:

"SECTION 6. Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of education, for the fiscal year beginning July 1, 1999, the sum of one hundred forty-seven thousand one hundred ten dollars ($147,110), or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "PROFICIENCY." and substitute "PROFICIENCY, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

SB99-093 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 4, after line 14, insert the following:

"(c)  ADOPT A POLICY GOVERNING ACCEPTABLE USE OF THE INTERNET BY ITS RESIDENTS, STUDENTS, OR FACULTY, AS THE CASE MAY BE;".

Reletter succeeding paragraphs accordingly.

Page 5, strike lines 21 through 25 and substitute the following:

"THAT SHALL BE NO LESS THAN THREE THOUSAND DOLLARS. NOTWITHSTANDING THE FACT THAT".

Page 6, strike lines 6 through 11 and substitute the following:

"THAT SHALL BE NO LESS THAN THREE THOUSAND DOLLARS. NOTWITHSTANDING THE FACT THAT A SCHOOL";

strike lines 18 through 23 and substitute the following:

"AMOUNT THAT SHALL BE NO LESS THAN THREE THOUSAND DOLLARS.".



TRANSPORTATION AND ENERGY

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

SB99-040 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 3, after line 16, insert the following:

"SECTION 3.  43­1­110 (3), Colorado Revised Statutes, is amended to read:

43­1­110.  Powers and duties of the chief engineer ­ hearings ­ rule­making. (3)  The chief engineer and the executive director are hereby authorized to accept, on behalf of the state, any federal moneys made available for highway, railway, mass transit, and other public transportation purposes. for which no regional or local subdivision of the state has operating authority.

SECTION 4.  43­1­1001 (2), Colorado Revised Statutes, is amended to read:

43­1­1001.  Urban mass transportation grants. (2)  The authority contained in subsection (1) of this section shall not apply to ALL federal grant funds. where there exists a designated recipient for such funds, and funds made available under section 3 of the federal "Urban Mass Transportation Act of 1964" within the Denver regional transportation district, and funds for other projects in urbanized areas with populations in excess of two hundred thousand persons, except as provided in sections 43­1­601 and 43­1­901. IN ADDITION, WITHIN THE DENVER REGIONAL TRANSPORTATION DISTRICT, THE REGIONAL TRANSPORTATION DISTRICT SHALL ALSO BE ELIGIBLE TO APPLY FOR AND ADMINISTER ANY FUNDS MADE AVAILABLE UNDER THE FEDERAL "URBAN MASS TRANSPORTATION ACT OF 1964", AS AMENDED, OR ANY SUCCESSOR FEDERAL LEGISLATION.".

Renumber succeeding section accordingly.

SB99-079 be referred to the Committee on Appropriations with favorable recommendation.

SB99-117 be referred to the Committee on Appropriations with favorable recommendation.

SB99-164 be referred to the Committee of the Whole 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: HB99-1012, 1032, 1092, 1159, 1160, 1171, 1204, 1288, 1317 at 11:45 a.m. on April 22, 1999.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate voted to lay over consideration of the Conference Committee report on HB99-1305 to May 6, 1999. The bill is returned herewith.

_________

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB99-224;

SB99-124, amended as printed in Senate Journal, Apri1 20, page 870;

SB99-223, amended as printed in Senate Journal, April 20, page 871.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB99-224; and, without comment, as amended, SB99-124 and 223.

______________

INTRODUCTION OF BILLS

First Reading

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

HB99-1381 by Representatives Young, Hagedorn, Hoppe, Kester, Miller, Webster; also Senators Wattenberg, Dennis, Hillman, Musgrave, Nichol--Concerning the exemption of compounds used in the production of agricultural products from the state sales and use tax.

Committee on Finance

HB99-1382 by Representative Young--Concerning the authority of governmental entities to negotiate rail projects, and making an appropriation therefor.

Committee on Transportation & Energy

Committee on Appropriations

SB99-124 by Senator Owen; also Representative McElhany--Concerning small group health insurance.

Committee on State, Veterans, & Military Affairs

SB99-223 by Senator Wham; also Representative Kaufman--Concerning state employee performance.

Committee on Business Affairs & Labor

SB99-224 by Senators Blickensderfer, Powers, Owen, Feeley; also Representative George--Concerning the repeal of section 10-16-324 (4) (e) (I) (H), Colorado Revised Statutes, relating to the ownership limitation for converted nonprofit hospital, medical-surgical, and health service corporations.

Committee on Health, Environment, Welfare, & Institutions

______________

CONSIDERATION OF RESOLUTION

HJR99-1038 by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning the deadline schedule for bills that increases the number of judges.

(Printed an placed in member's files; also printed in House Journal April 15, page 1262.)

On motion of Representative Tool, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Bacon, Kaufman.

_______________

CHANGE IN SPONSORSHIP

Due to the resignation of Representative Sullivant, the Speaker Pro Tempore announced the following change in sponsorship:

HB99-1185--Representative McElhany

________________

On motion of Representative Mitchell, 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.)

HB99-1360 by Representatives Grossman, Kaufman; also Senators Wham, Nichol, Perlmutter, Wattenberg--Concerning the revision of statutes in the Colorado Revised Statutes, as amended, amending or repealing obsolete, inconsistent, and conflicting provisions of law and clarifying the language to reflect the legislative intent of the laws.

Amendment No. 1, Judiciary Report, dated April 8, 1999, and placed in member's bill file; Report also printed in House Journal, April 9, page 140.

Amendment No. 2, by Representative Pfiffner.

Amend printed bill, page 30, after line 23, insert the following:

"SECTION 49. 38­30.5­104 (2), Colorado Revised Statutes, is amended to read:

38­30.5­104.  Creation of conservation easements in gross. (2)  A conservation easement in gross may only be created through a grant to a governmental entity or to a charitable organization exempt under section 501 (c) (3) of the "Internal Revenue Code of 1954", "INTERNAL REVENUE CODE OF 1986", as amended, which organization was created at least two years prior to receipt of the conservation easement.".

Renumber succeeding section accordingly.

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

HB99-1375 by Representative King; also Senator Anderson--Concerning creation of the excellent schools program, and, in connection therewith, specifying criteria for eligibility for school awards.

Amendment No. 1, Education Report, dated April 19, 1999, and placed in member's bill file; Report also printed in House Journal, April 20, page 1325.

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

HB99-1374 by Representatives Berry, Tool, Saliman; also Senators Lacy, Owen, Tanner-Concerning negative licensing action against an affiliate of a child care licensee as a standard for the licensure of child care facilities.

Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated April 19, 1999, and placed in member's bill file; Report also printed in House Journal, April 20, page 1326.

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

SB99-161 by Senators Tebedo, Andrews, Congrove, Dyer, Epps, Lamborn, Musgrave, Owen, Teck; also Representatives Berry, McElhany, May, McKay, Young--Concerning reduction of workers' compensation disability benefits where there is evidence of intoxication.

Amendment No. 1, Business Affairs & Labor Report, dated March 18, 1999, and placed in member's bill file; Report also printed in House Journal, March 19, pages 859-860.

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

SB99-039 by Senators Tebedo, Arnold, Hernandez; also Repre-sentatives Mace, Gotlieb--Concerning reporting of dropout rates of students in secondary schools in the state.

Amendment No. 1, by Representative Gotlieb.

Amend reengrossed bill, page 1, line 7, strike "leaves school for any reason" and substitute "leaves school for any reason, INCLUDING";

line 8, strike "HAS" and substitute "HAVING".

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

SB99-204 by Senator Tebedo; also Representative McElhany--Concerning recommendations of the senate state, veterans, and military affairs committee related to the continuation of requirements for certain reports to the general assembly from executive agencies under title 24 to part 1 of article 32, Colorado Revised Statutes.

Amendment No. 1, State, Veterans, & Military Affairs Report, dated April 13, 1999, and placed in member's bill file; Report also printed in House Journal, April 14, page 1192.

Amendment No. 2, by Representative McElhany.

Amend reengrossed bill, page 3, line 15, strike "MAIL A POSTCARD TO" and substitute "NOTIFY, IN THE MOST COST­EFFECTIVE MANNER AVAILABLE,";

line 16, strike "NOTIFYING EACH MEMBER";

line 24, strike "MAIL" and substitute "NOTIFY, IN THE MOST COST­EFFECTIVE MANNER AVAILABLE,";

line 25, strike "A POSTCARD TO" and strike "NOTIFYING";

line 26, strike "EACH MEMBER".

Page 5, line 14, strike "MAIL A" and substitute "NOTIFY, IN THE MOST COST­EFFECTIVE MANNER AVAILABLE,";

line 15, strike "POSTCARD TO" and strike "NOTIFYING EACH";

line 16, strike "MEMBER".

Page 6, line 17, strike "MAIL A POSTCARD TO" and substitute "NOTIFY, IN THE MOST COST­EFFECTIVE MANNER AVAILABLE,";

line 18, strike "NOTIFYING EACH MEMBER".

Page 9, line 16, strike "MAIL A POSTCARD TO" and substitute "NOTIFY, IN THE MOST COST­EFFECTIVE MANNER AVAILABLE,";

line 18, strike "GIVING NOTICE".

Page 12, line 18, strike "MAIL A POSTCARD" and substitute "NOTIFY, IN THE MOST COST­EFFECTIVE MANNER AVAILABLE,";

line 19, strike "TO" and strike "NOTIFYING EACH MEMBER";

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

SB99-001 by Senators Powers, Blickensderfer; also Representative Leyba--Concerning the participation of the state of Colorado in a western presidential primary election.

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

SB99-034 by Senator Musgrave; also Representative May--Concerning an increase in the minimum base period wage eligibility level required to receive unemployment benefits.

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

SB99-051 by Senator Hernandez; also Representative George--Concerning the reduction of dropout rates in secondary schools through prevention and intervention programs, and making an appropriation in connection therewith.

Amendment No. 1, Education Report, dated March 17, 1999, and placed in member's bill file; Report also printed in House Journal, March 18, pages 823-827.

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

SB99-119 by Senator Wham; also Representative Kaufman--Concerning HIV testing in cases where the person tested is charged with a crime involving sexual behavior.

Amendment No. 1, Judiciary Report, dated March 18, 1999, and placed in member's bill file; Report also printed in House Journal, March 19, pages 837-839.

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 1303.

Amendment No. 3, by Representative Kaufman.

Amend reengrossed bill, page 2, line 2, strike "(1)";

strike lines 13 and 14.

Page 3, strike lines 1 through 3.

Page 9, line 6, strike "SAID PERSON" and substitute "THE PERSON TESTED PURSUANT TO SUBSECTION (2) OF THIS SECTION";

line 17, strike "(d)" and substitute "(c)".

Page 15, before line 23, insert the following:

"SECTION 12.  Effective date ­ applicability. This act shall take effect upon passage, and sections 5 and 6 of this act shall apply to offenses committed on or after said date.".

Renumber succeeding section accordingly.

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

SB99-033 by Senators Linkhart, Reeves; also Representatives Pfiffner, Leyba, Taylor--Concerning mechanisms to ensure that enterprise zones meet the economic development objectives set forth for such zones in the urban and rural enterprise zone act.

Laid over until May 4, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1360 amended, 1375 amended, 1374 amended, SB99-161 amended, 039 amended, 204 amended, 001, 034, 051 amended, 119 amended.

Laid over until date indicated retaining place on Calendar:

SB99-033--May 4, 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 62 NO 0 EXCUSED 0 ABSENT 3

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 ­

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 Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel ­

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. ­

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

______________

CONSIDERATION OF RESOLUTIONS

HJR99-1016 by Representatives Pfiffner, Berry, Clapp, Decker, Fairbank, Gotlieb, Hoppe, King, Lawrence, Lee, McElhany, McKay, Nuñez, Scott, Smith, Spradley, Stengel, Swenson, Taylor, Tool, Webster, T.Williams, Witwer; also Senators Arnold, Andrews, Chlouber, Congrove, Dennis, Epps, Evans, Hillman, Lacy, Lamborn, Musgrave, Owen, Powers, Sullivant, Wham--Concerning the General Assembly's support for federal legislation that would require a balanced federal budget and the repayment of the national debt.

(Printed and placed in member's files; also printed in House Journal, March 24, pages 933-934.)

On motion of Representative Pfiffner, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Alexander, Allen, Bacon, Coleman, Dean, Grossman, Hefley, Larson, May, Miller, Morrison, Paschall, Tupa, Veiga, S.Williams, Windels.

HJR99-1040 by Representative Tool; also Senator Powers--Concerning the Colorado General Assembly's support for an amendment to the United States constitution mandating a balanced federal budget.

(Printed and placed in member's files; also printed in House Journal April 15, pages 1263-1264.)

On motion of Representative Tool, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Alexander, Clapp, Coleman, Dean, Decker, Gordon, Hagedorn, Hefley, Hoppe, Kaufman, King, Larson, Lawrence, May, McElhany, Miller, Mitchell, Morrison, Nuñez, Paschall, Pfiffner, Scott, Spradley, Swenson, S.Williams, T.Williams, Witwer, Young.

HJR99-1041 by Representative George; also Senator Powers--Concerning Early Childhood Intervention Awareness Day.

(Printed and placed in member's files; also printed in House Journal April 15, page 1264.)

Amendment No. 1, by Representative Pfiffner.

Amend printed resolution, page 1, strike lines 1 and 2 and substitute the following:

"WHEREAS, Our children are most precious and represent our future; and".

The amendment was declared passed by viva voce vote.

On motion of Representative George, the resolution as amended was adopted by viva voce vote.

Co-sponsors added: Representatives Alexander, Allen, Bacon, Berry, Chavez, Clarke, Coleman, Dean, Decker, Gagliardi, Gotlieb, Hefley, Kaufman, Keller, Kester, King, Larson, Lawrence, Leyba, Mace, May, McElhany, Miller, Morrison, Plant, Ragsdale, Saliman, Scott, Stengel, Swenson, Tapia, Tate, Tochtrop, Tool, Tupa, Vigil, Webster, S.Williams, T.Williams, Windels, Witwer, Zimmerman.

HJR99-1044 by Representatives Clapp, May, Swenson, Mace, Larson, Nuñez, Gotlieb, McElhany, Paschall; also Senator Andrews--Concerning the encouragement of voluntary efforts to alleviate congestion on Colorado highways.

(Printed and placed in member's files; also printed in House Journal April 15, pages 1269-1270.)

On motion of Representative Clapp, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Bacon, Chavez, Coleman, Leyba, McKay, Plant, Scott, Spence, Stengel, Vigil, S.Williams, Young, Zimmerman.

HJR99-1049 by Representatives Gordon, Bacon, Chavez, Clarke, Coleman, Gagliardi, Grossman, Hagedorn, Mace, Plant, Ragsdale, Takis, Tapia, Tate, Tochtrop, Tupa, Veiga, Vigil, S. Williams, Windels, Zimmerman; also Senator Feeley--Concerning support for the "Americans With Disabilities Act of 1990" regulation that requires public services in the most integrated setting.

(Printed and placed in member's files; also printed in House Journal, April 15, pages 1276-1277.)

On motion of Representative Gordon, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Alexander, Larson, Miller, Saliman, Scott.

HJR99-1053 by Representative Young; also Senator Hillman--Concerning the Colorado General Assembly's support for amendments to the federal "Unemployment Tax Act" to reduce the tax burden on family farmers.

(Printed and placed in member's files; also printed in House Journal April 15, pages 1281-1282.)

On motion of Representative Young, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Alexander, Bacon, Chavez, Decker, Hoppe, Kaufman, Kester, Miller, Ragsdale.

HJR99-1055 by Representative McElhany; also Senator Arnold--Concerning congressional consideration of legislation to eliminate the federal marriage tax penalty.

(Printed and placed in member's files; also printed in House Journal April 15, pages 1283-1284.)

On motion of Representative McElhany, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Bacon, Chavez, Gordon, Hefley, Hoppe, Johnson, Kaufman, Kester, Larson, Lawrence, Leyba, May, Miller, Mitchell, Morrison, Nuñez, Pfiffner, Scott, Spence, Stengel, Tapia, Vigil, Young.

SJR99-029 by Senators Andrews, Congrove, Dyer, Epps, Evans, Hillman, Lamborn, Musgrave, Owen, Powers, Tebedo; also Representatives Sinclair, Lee, Dean, Decker, Fairbank, Gotlieb, Hoppe, Johnson, Kester, Larson, May, McElhany, McKay, McPherson, Miller, Nunez, Paschall, Scott, Swenson, Webster, T. Williams, and Witwer--Concerning national missile defense.

(Printed and placed in member's files.)

On motion of Representative Sinclair, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Hefley, Kaufman, Mitchell, Pfiffner, Stengel, Taylor.

SJR99-031 by Senators Perlmutter, Rupert, Phillips, Anderson, Andrews, Arnold, Blickensderfer, Chlouber, Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Pascoe, Powers, Reeves, Sullivant, Tanner, Teck, Thiebaut; also Representative McElhany--Concerning suicide prevention.

(Printed and placed in member's files.)

On motion of Representative McElhany, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Alexander, Bacon, Clarke, Coleman, Dean, Gordon, Gotlieb, Hagedorn, Hefley, Hoppe, Kaufman, Keller, Kester, Larson, Lawrence, Leyba, Mace, May, Miller, Morrison, Plant, Ragsdale, Saliman, Scott, Sinclair, Spence, Stengel, Swenson, Tate, Taylor, Tochtrop, Tool, Tupa, Veiga, S.Williams, Witwer, Zimmerman.

SJR99-035 by Senator Evans; also Representative Gotlieb--Concern-ing the Colorado Preterm Birth Prevention Project 1999.

(Printed and placed in member's files.)

On motion of Representative Gotlieb, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Alexander, Berry, Chavez, Clarke, Coleman, Gagliardi, Gordon, Hagedorn, Hefley, Hoppe, Kaufman, Kester, Leyba, Mace, May, Miller, Morrison, Plant, Ragsdale, Scott, Stengel, Swenson, Tapia, Tate, Taylor, Tochtrop, Veiga, Vigil, S.Williams, Windels, Witwer, Zimmerman.

SJR99-039 by Senator Chlouber; also Representative Miller--Concerning waiver of local access and transport areas.

(Printed and placed in member's files.)

On motion of Representative Miller, the resolution was adopted by the following roll call vote:

YES 47 NO 15 EXCUSED 2 ABSENT 1

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke YColeman Y

Dean Y

Decker Y

Fairbank E

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn ­


Hefley Y

Hoppe N

Johnson Y

Kaufman Y

Keller Y

Kester Y

King N

Larson Y

Lawrence N

Lee E

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair N

Smith Y

Spence N

Spradley N

Stengel N

Swenson Y


Takis N

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 Gordon, Kester, Mace, Taylor, Tochtrop, Young.

On motion of Representative Dean, Consideration of the following resolutions was laid over until the date indicated:

HJR99-1035, 1043, 1048, 1050, 1051, 1054, SJR99-032, 043, 044, 047­­April 23, 1999

HJR99-1039, 1052, SJR99-037--April 26, 1999

HJR99-1032--May 3, 1999

HJR99-1036--May 5, 1999

SJR99-030--May 6, 1999

_______________

REPORTS OF COMMITTEES OF REFERENCE

BUSINESS AFFAIRS AND LABOR

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

SB99-169 be referred to the Committee on Appropriations with favorable recommendation.

HB99-1363 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

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

"SECTION 1.  Legislative declaration. (1)  The general assembly hereby finds, determines, and declares that it is the policy of the state of Colorado to promote a competitive telecommunications marketplace to bring the benefits of competition to all citizens of Colorado while protecting, developing, and maintaining the wide availability of high­quality telecommunications services on a statewide basis. The general assembly further finds that the technological advancements and increased customer choices for telecommunications services generated by such market competition will enhance Colorado's economic development and play a critical role in Colorado's economic future. However, the general assembly recognizes that the strength of

competitive forces varies widely between markets and products and services. Therefore, to foster, encourage, and accelerate the continuing emergence of a competitive telecommunications environment, the general assembly declares that flexible regulatory treatments are appropriate for different telecommunications services.

(2)  The general assembly further finds, determines, and declares that:

(a)  Wise public policy relating to the telecommunications industry and the other crucial services it provides is in the interest of Colorado and its citizens;

(b)  Sound and well­informed decisions need to be made on a continuing basis to ensure that the benefits of existing and new telecommunications services continue to be available to the greatest number of Colorado citizens;

(c)  It is in the public interest and it is the intention of this act to promote free and fair competition in the provision of such goods and services; and

(d)  The rural nature of Colorado requires that special rules and support mechanisms be adopted to achieve the goal of ensuring that universal basic local exchange service be available to all residents of the state at reasonable rates.

(3)  The general assembly acknowledges the goal of universal access to advanced service to all telecommunications consumers in this state. The general assembly also recognizes that all services generally available in the urban areas of the state should be available to the rural areas of the state within a reasonable time after such services are made available in urban areas. In order to further ensure the wide availability of high­quality services provided by telecommunications providers statewide and thereby enhance Colorado's economic development, the general assembly finds that any settlement proceeds agreed to be invested by any provider in improvements to that provider's telecommunications facilities should be invested in such a manner to balance the needs of all Colorado residents.

SECTION 2.  40­3­103, Colorado Revised Statutes, is amended to read:

40­3­103.  Utilities to file rate schedules. Under such rules and regulations as the commission may prescribe, every public utility EXCEPT THOSE UTILITIES SUBJECT TO OR EXEMPT FROM REGULATION UNDER ARTICLE 15 OF THIS TITLE shall file with the commission, within such time and in such form as the commission may designate, and shall print and keep open to public inspection, schedules showing all rates, tolls, rentals, charges, and classifications collected or enforced, or to be collected and enforced, together with all APPLICABLE rules, regulations, contracts, privileges, and facilities which in any manner affect or relate to rates, tolls, rentals, classifications, or service; except that the commission may not prescribe by rule or regulation the lease rate that is charged to a driver of a motor vehicle by a common or contract carrier. Changes in such lease rates shall not be subject to the notice provision of section 40­3­102.

SECTION 3.  40­6­110, Colorado Revised Statutes, is amended to read:

40­6­110.  Complaint by utility ­ grounds ­ expedited process. (1)  Any public utility has a right to complain on any grounds upon which complaints are allowed to be filed by other parties, and, the same procedure shall be adopted and followed as in other cases BEFORE DOCKETING SUCH A COMPLAINT FOR HEARING, THE COMMISSION SHALL NOTIFY THE UTILITY COMPLAINED AGAINST AND ALLOW AT LEAST A FORTY­EIGHT­HOUR CURE PERIOD FOR INFORMAL RESOLUTION OF THE COMPLAINT. THEREAFTER, THE COMPLAINT SHALL BE DOCKETED AND HEARD AS PROVIDED IN THIS ARTICLE; EXCEPT THAT, AT THE REQUEST OF A PUBLIC UTILITY FILING SUCH A COMPLAINT, AND ONLY UPON THE APPROVAL OF THE COMMISSION, SUCH A COMPLAINT MAY BE HEARD AND DECIDED UNDER THE FOLLOWING EXPEDITED PROCESS:

(a)  THE COMPLAINT SHALL BE FILED WITH THE COMMISSION, AND A COPY SHALL BE SERVED NOT LATER THAN THE NEXT WORKING DAY UPON THE PARTY AGAINST WHOM THE COMPLAINT IS MADE.

(b)  AN ANSWER OR OTHER RESPONSIVE PLEADING TO THE COMPLAINT SHALL BE FILED WITH THE COMMISSION NOT LATER THAN FOURTEEN DAYS AFTER SERVICE OF THE COMPLAINT. COPIES OF THE ANSWER OR RESPONSIVE PLEADING SHALL BE SERVED ON THE COMPLAINANT.

(c)  DISCOVERY MAY COMMENCE UPON THE FILING OF THE COMPLAINT AND RESPONSES TO DISCOVERY SHALL BE PROVIDED TO THE REQUESTING PARTY NOT LATER THAN FOURTEEN DAYS AFTER THE DATE OF SERVICE OF THE REQUEST.

(d)  A PREHEARING CONFERENCE SHALL BE HELD NOT LATER THAN TEN DAYS AFTER THE ANSWER IS FILED.

(e)  THE COMMISSION SHALL COMMENCE A HEARING ON THE COMPLAINT NOT LATER THAN THIRTY DAYS AFTER THE COMPLAINT IS FILED. PARTIES SHALL BE ENTITLED TO PRESENT EVIDENCE AS PROVIDED BY THE COMMISSION'S RULES.

(f)  UNLESS THE PARTIES OTHERWISE AGREE, THE COMMISSION SHALL ISSUE A DECISION CONCERNING A COMPLAINT NOT LATER THAN SIXTY DAYS AFTER ITS FILING.

(2)  AT OR BEFORE THE TIME FOR FILING THE ANSWER PURSUANT TO PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION, THE PARTIES MAY AGREE TO BINDING ARBITRATION, WHICH SHALL BE CONDUCTED IN ACCORDANCE WITH ARTICLE 22 OF TITLE 13, C.R.S.; EXCEPT THAT:

(a)  ANY SUCH ARBITRATION SHALL BE CONCLUDED WITHIN SIXTY DAYS AFTER FILING OF THE COMPLAINT; AND

(b)  A WRITTEN NOTICE OF THE AGREEMENT TO ARBITRATE, SIGNED BY THE PARTIES AND FILED WITH THE COMMISSION, SHALL BE SUFFICIENT TO MEET THE REQUIREMENTS OF SECTION 13­22­203, C.R.S.

SECTION 4.  Article 6 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

40­6­112.5.  Attorney fees. (1)  SUBJECT TO THE PROVISIONS OF THIS SECTION, IN ANY PROCEEDING UNDER THIS ARTICLE, THE COMMISSION MAY AWARD, AS PART OF ITS DECISION AND IN ADDITION TO ANY COSTS OTHERWISE ASSESSED, REASONABLE ATTORNEY FEES.

(2)  SUBJECT TO THE PROVISIONS OF THIS SECTION, IN ANY PROCEEDING UNDER THIS ARTICLE, THE COMMISSION SHALL AWARD, BY WAY OF DECISION OR SEPARATE ORDER, REASONABLE ATTORNEY FEES AGAINST ANY ATTORNEY OR PARTY WHO HAS BROUGHT OR DEFENDED A COMPLAINT OR OTHER MATTER REQUIRING ACTION BY THE COMMISSION, EITHER IN WHOLE OR IN PART, THAT THE COMMISSION DETERMINES LACKED SUBSTANTIAL JUSTIFICATION.

(3)  WHEN THE COMMISSION DETERMINES THAT REASONABLE ATTORNEY FEES SHOULD BE ASSESSED, IT SHALL ALLOCATE THE PAYMENT THEREOF AMONG THE OFFENDING ATTORNEYS AND PARTIES, JOINTLY OR SEVERALLY, AS IT DEEMS MOST JUST, AND MAY CHARGE SUCH AMOUNT, OR PORTION THEREOF, TO ANY OFFENDING ATTORNEY OR PARTY.

(4)  THE COMMISSION SHALL ASSESS ATTORNEY FEES IF, UPON THE MOTION OF ANY PARTY OR THE COMMISSION ITSELF, IT FINDS THAT AN ATTORNEY OR PARTY BROUGHT OR DEFENDED A COMPLAINT OR OTHER MATTER, OR ANY PART THEREOF, THAT LACKED SUBSTANTIAL JUSTIFICATION OR THAT THE COMPLAINT OR OTHER MATTER, OR ANY PART THEREOF, WAS INTERPOSED FOR DELAY OR HARASSMENT OR IF IT FINDS THAT AN ATTORNEY OR PARTY UNNECESSARILY EXPANDED THE PROCEEDING BY OTHER IMPROPER CONDUCT, INCLUDING, BUT NOT LIMITED TO, THE PROMULGATION OF PLEADINGS, RESPONSES, OR DISCOVERY REQUESTS THAT LACKED SUBSTANTIAL JUSTIFICATION. AS USED IN THIS SECTION, "LACKED SUBSTANTIAL JUSTIFICATION" MEANS SUBSTANTIALLY FRIVOLOUS, SUBSTANTIALLY GROUNDLESS, OR SUBSTANTIALLY VEXATIOUS AND SHALL BE CONSTRUED IN ACCORDANCE WITH COURT DECISIONS CONSTRUING SECTION 13­17­102, C.R.S.

(5)  NO ATTORNEY FEES SHALL BE ASSESSED IF, AFTER FILING OF A COMPLAINT OR OTHER PLEADING, A VOLUNTARY DISMISSAL IS FILED AS TO ANY SUCH PLEADING WITHIN A REASONABLE TIME AFTER THE ATTORNEY OR PARTY FILING THE DISMISSAL KNEW, OR REASONABLY SHOULD HAVE KNOWN, THAT HE OR SHE WOULD NOT PREVAIL ON THE MATTER ASSERTED IN THE PLEADING.

(6)  NO PARTY WHO IS APPEARING WITHOUT AN ATTORNEY SHALL BE ASSESSED ATTORNEY FEES UNLESS THE COMMISSION FINDS THAT THE PARTY CLEARLY KNEW OR REASONABLY SHOULD HAVE KNOWN THAT HIS OR HER COMPLAINT OR OTHER PLEADING OR RESPONSE, OR ANY PART THEREOF, LACKED SUBSTANTIAL JUSTIFICATION; EXCEPT THAT THIS SUBSECTION (6) SHALL NOT APPLY TO SITUATIONS IN WHICH AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE IS APPEARING WITHOUT AN ATTORNEY, IN WHICH CASE, HE OR SHE SHALL BE HELD TO THE STANDARDS ESTABLISHED FOR ATTORNEYS BY OTHER PROVISIONS OF LAW.

(7)  NO ATTORNEY OR PARTY SHALL BE ASSESSED ATTORNEY FEES AS TO ANY PLEADING OR RESPONSE THAT THE COMMISSION DETERMINES WAS ASSERTED BY SAID ATTORNEY OR PARTY IN A GOOD FAITH ATTEMPT TO ESTABLISH A NEW THEORY OF LAW IN COLORADO.

SECTION 5.  40­15­102 (20), Colorado Revised Statutes, is amended, and the said 40­15­102 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

40­15­102.  Definitions. As used in this article, unless the context otherwise requires:

(20)  "Operator services" means services, OTHER THAN DIRECTORY ASSISTANCE, provided either by live operators or by the use of recordings or computer­voice interaction to enable customers to receive individualized and select telephone call processing or specialized or alternative billing functions. "Operator services" includes nonoptional operator services, optional operator services, and operator services necessary for the provision of basic local exchange service.

(24.5)  "RURAL TELECOMMUNICATIONS PROVIDER" MEANS A LOCAL EXCHANGE PROVIDER THAT:

(a)  PROVIDES COMMON CARRIER SERVICES TO ANY LOCAL EXCHANGE CARRIER STUDY AREA, AS USED IN THE COMMISSION RULES, THAT DOES NOT INCLUDE EITHER:

(I)  ANY INCORPORATED PLACE OF TEN THOUSAND INHABITANTS OR MORE; OR

(II)  ANY TERRITORY INCLUDED IN AN URBANIZED AREA AS DEFINED BY THE BUREAU OF THE CENSUS;

(b)  PROVIDES SERVICE TO FEWER THAN FIFTY THOUSAND ACCESS LINES;

(c)  PROVIDES SERVICE TO ANY LOCAL EXCHANGE CARRIER STUDY AREA, AS USED IN THE COMMISSION RULES, WITH FEWER THAN ONE HUNDRED THOUSAND ACCESS LINES; OR

(d)  HAS LESS THAN FIFTEEN PERCENT OF ITS ACCESS LINES IN COMMUNITIES OF MORE THAN FIFTY THOUSAND INHABITANTS.

SECTION 6.  40­15­105 (2), Colorado Revised Statutes, is amended to read:

40­15­105.  Nondiscriminatory access charges. (2)  At its option, any local exchange provider with fifty thousand or fewer access lines RURAL TELECOMMUNICATIONS PROVIDER may, in lieu of the provisions of subsection (1) of this section, remain under the jurisdiction of the commission pursuant to part 2 of this article. A local exchange RURAL TELECOMMUNICATIONS provider operating under this subsection (2) may at any time apply to the commission for regulatory relief under section 40­15­203 or 40­15­207. Any such local exchange RURAL TELECOMMUNICATIONS provider, upon the granting of regulatory relief, shall provide access services under the conditions established in subsection (1) of this section; except that the commission shall set the maximum price for access services for such provider.

SECTION 7.  40­15­109 (1), Colorado Revised Statutes, is amended to read:

40­15­109.  Assurance of interconnections ­ averaging of rates. (1)  If a local exchange provider does not have interconnection with an interexchange provider, the commission may order any provider of interexchange service in the state to interconnect with the local exchange provider. Nothing in this subsection (1) shall require a local exchange provider with less than fifty thousand lines RURAL TELECOMMUNICATIONS PROVIDER to provide interexchange telecommunications service.

SECTION 8.  Part 1 of article 15 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

40­15­113.  Rate schedules. UNDER SUCH RULES AS THE COMMISSION MAY PRESCRIBE, EVERY PROVIDER OF TELECOMMUNICATIONS SERVICES SHALL FILE WITH THE COMMISSION, WITHIN SUCH TIME AND IN SUCH FORM AS THE COMMISSION MAY DESIGNATE, SCHEDULES SHOWING ALL RATES, TOLLS, RENTALS, CHARGES, AND CLASSIFICATIONS COLLECTED OR ENFORCED, OR TO BE COLLECTED AND ENFORCED, TOGETHER WITH APPLICABLE RULES UNDER WHICH THE PROVIDER PROVIDES REGULATED TELECOMMUNICATIONS SERVICES TO ITS CUSTOMERS. EVERY PROVIDER OF TELECOMMUNICATIONS SERVICES SHALL ALSO PRINT AND KEEP OPEN TO PUBLIC INSPECTION SUCH SCHEDULES AND RULES. THIS SECTION SHALL NOT BE INTERPRETED TO REQUIRE THE FILING OF SCHEDULES FOR PRODUCTS AND SERVICES THAT ARE NOT REGULATED TELECOMMUNICATIONS SERVICES, INCLUDING, BUT NOT LIMITED TO, MARKETING ARRANGEMENTS THAT AFFECT OR RELATE TO REGULATED PRODUCTS OR SERVICES OFFERED AT PUBLICLY SCHEDULED RATES.

SECTION 9.  40­15­203.5, Colorado Revised Statutes, is amended to read:

40­15­203.5.  Simplified regulatory treatment for rural telecommunications providers. The commission, with due consideration of the public interest, quality of service, financial condition, and just and reasonable rates, shall grant regulatory treatment which THAT is less comprehensive than otherwise provided for under this article to small local exchange providers that serve fewer than fifty thousand access lines in the state RURAL TELECOMMUNICATIONS PROVIDERS. The commission shall issue policy statements and rules and regulations which THAT maintain reasonable regulatory oversight and that consider the cost of regulation in relation to the benefit derived from such regulation. These rules and regulations shall encourage the cost­effective deployment and use of modern telecommunications technology. All proposed rules applicable to small local exchange RURAL TELECOMMUNICATIONS providers which THAT come before the commission shall consider the economic impact on small local exchange RURAL TELECOMMUNICATIONS providers and their subscribers. The commission and small local exchange RURAL TELECOMMUNICATIONS providers are encouraged to work together in a cooperative and proactive fashion to implement this section. Initial implementation of this section shall consist of a review of the rules in existence on July 1, 1993, presentation of proposed changes to the commission no later than January 1, 1994, and adoption of simplified rules no later than June 30, 1994.

SECTION 10.  40­15­301 (2) (c), (2) (d), and (2) (f), Colorado Revised Statutes, are amended to read:

40­15­301.  Regulation by the commission ­ repeal. (2)  The following telecommunications products, services, and providers are declared to be initially subject to regulation pursuant to this part 3 and subject to potential deregulation under section 40­15­305:

(c) (I)  InterLATA toll, EXCEPT AS PROVIDED IN SECTION 40­15­401 (1) (m) AND SUBJECT TO THE PROVISIONS OF SECTION 40­15­309;

(II)  THIS PARAGRAPH (c) IS REPEALED, EFFECTIVE JULY 1, 2001.

(d) (I)  IntraLATA toll, subject to the provisions of section 40­15­306 EXCEPT AS PROVIDED IN SECTION 40­15­401 (1) (n) AND SUBJECT TO THE PROVISIONS OF SECTION 40­15­309;

(II)  THIS PARAGRAPH (d) IS REPEALED, EFFECTIVE JULY 1, 2001.

(f)  Private line service, subject to the provisions of section 40­15­308;

SECTION 11.  40­15­302 (5), Colorado Revised Statutes, is amended to read:

40­15­302.  Manner of regulation ­ rules and regulations. (5)  Consistent with the provisions of section 40­15­301 (1), rates for nonoptional operator services shall allow the provider of such services the opportunity to earn a just and reasonable return on the associated used and useful investment, including but not limited to equipment costs incurred to originate such services. Such rates shall be set at or below a SINGLE STATEWIDE benchmark rate APPLICABLE TO ALL PROVIDERS as determined by the commission, unless the commission approves a higher rate. THE STATEWIDE BENCHMARK RATE SHALL APPLY TO ALL NONOPTIONAL OPERATOR SERVICES REGARDLESS OF WHETHER SUCH SERVICES ARE INTRALATA OR INTERLATA. If the commission approves a rate higher than the benchmark rate, and the commission determines that disclosure of the rate to customers is in the public interest, the commission may require the nonoptional operator services provider to orally disclose, to the person responsible for payment of the telephone call, the total charges for the call and that such charges are higher than the benchmark rate. The nonoptional operator services provider shall make such disclosure at no charge to the caller and before the call is connected, allowing the caller to disconnect before incurring any charges. If the commission finds, after notice and opportunity for a hearing, that a nonoptional operator services provider has violated this subsection (5), the commission may, in addition to such other enforcement powers as may be authorized in this title, order any regulated telecommunications service provider to block access to the nonoptional operator services provider for all intrastate operator­handled calls. A regulated telecommunications provider that blocks the access of a nonoptional operator services provider in compliance with an order of the commission and incurs attorney fees or costs to defend such action shall be entitled to recover its costs and attorney fees in each such proceeding. The commission shall promulgate rules necessary to implement this subsection (5) no later than thirty days after August 7, 1996.

SECTION 12.  Repeal.  40­15­305 (2), Colorado Revised Statutes, is repealed as follows:

40­15­305.  Time period for consideration of deregulation of emerging competitive telecommunications service. (2)  Any telecommunications service or product not defined in part 1 of this article or not already classified pursuant to parts 2 to 4 of this article shall be classified as an emerging competitive telecommunications service under this part 3.

SECTION 13.  40­15­306, Colorado Revised Statutes, is amended to read:

40­15­306.  IntraLATA interexchange services, interLATA interexchange services, and operator services. IntraLATA interexchange telecommunications services shall be regulated in accordance with the provisions of this part 3; except that such services shall not automatically be deregulated as part 4 services pursuant to section 40­15­305 except upon application of the provider of such services. No interexchange provider shall market intraLATA interexchange telecommunications services without obtaining prior approval of the commission. An interexchange provider shall not be required to compensate a local exchange provider for incidental telecommunications services that occur after July 2, 1987 AND INTERLATA INTEREXCHANGE TELECOMMUNICATIONS SERVICES ARE DEREGULATED AS PROVIDED IN SECTION 40­15­401 (1) (m) AND (1) (n); EXCEPT THAT THE COMMISSION SHALL RETAIN JURISDICTION TO DESIGNATE A MINIMUM OF TWO OR MORE INTRALATA INTEREXCHANGE TELECOMMUNICATIONS SERVICE PROVIDERS AND TWO OR MORE INTERLATA INTEREXCHANGE TELECOMMUNICATIONS SERVICE PROVIDERS TO PROVIDE SUCH SERVICES TO SUBSCRIBERS OF RURAL TELECOMMUNICATIONS PROVIDERS THROUGHOUT THE STATE. THE COMMISSION SHALL ONLY DESIGNATE TWO PROVIDERS IF REQUESTED TO DO SO BY A RURAL LOCAL EXCHANGE PROVIDER WHOSE CUSTOMERS HAVE FEWER THAN TWO INTRALATA INTEREXCHANGE TELECOMMUNICATIONS SERVICE PROVIDER CHOICES. ALL SUCH SERVICES SHALL BE PROVIDED BY THE DESIGNATED PROVIDERS TO SUBSCRIBERS OF RURAL TELECOMMUNICATIONS PROVIDERS AT STATEWIDE LIST PRICES. THE STANDARD PER­MINUTE LIST PRICE SHALL BE THE SAME IN RURAL EXCHANGES AS IN NONRURAL EXCHANGES. OPTIONAL INTRALATA AND INTERLATA INTEREXCHANGE TELECOMMUNICATIONS SERVICES SHALL BE MADE AVAILABLE IN RURAL AREAS AND SHALL BE PRICED THE SAME AS IN NONRURAL AREAS. ANY RURAL TELECOMMUNICATIONS PROVIDER REQUESTING A NEW PLAN FROM ANY INTEREXCHANGE PROVIDER SHALL BEAR THE COST OF CONFORMING ITS BILLING SYSTEM TO PROVIDE FOR THE BILLING AND COLLECTION OF ANY SUCH NEW CALLING PLAN CUSTOMER CHARGE.

SECTION 14.  Repeal.  40­15­308, Colorado Revised Statutes, is repealed as follows:

40­15­308.  Private line services. Private line services shall be reviewed with all due haste pursuant to section 40­15­305.

SECTION 15.  Part 3 of article 15 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

40­15­309.  Incorporation of switched access rates ­ repeal. (1)  TO ENSURE THAT NO INTRASTATE TOLL PROVIDER CAN PLACE ANOTHER INTRASTATE TOLL PROVIDER AT A COMPETITIVE DISADVANTAGE, IF THE COMMISSION DETERMINES THAT INCORPORATION OF SWITCHED ACCESS RATES INTO TOLL PRICES IS NECESSARY, ALL INTRASTATE TOLL PROVIDERS SHALL INCORPORATE INTO THEIR INTRASTATE TOLL RATES AND CHARGES IDENTICAL STATEWIDE INTRASTATE SWITCHED ACCESS RATES TO BE DETERMINED BY THE COMMISSION. THE SWITCHED ACCESS RATES REQUIRED TO BE INCORPORATED SHALL BE IDENTICAL FOR ALL PROVIDERS AND SHALL BE APPLICABLE FOR ALL TOLL SERVICES, REGARDLESS OF WHETHER SUCH SERVICES ARE INTRALATA OR INTERLATA.

(2)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2001.

SECTION 16.  40­15­401 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:

40­15­401.  Services, products, and providers exempt from regulation. (1)  The following products, services, and providers are exempt from regulation under this article or under the "Public Utilities Law" of the state of Colorado:

(m)  INTERLATA TOLL, SUBJECT TO THE FOLLOWING RESTRICTION: INTERLATA TOLL SHALL BE EXEMPT FROM ALL REGULATION BY THE COMMISSION ONLY FOR THE PURPOSES OF RATES AND PRICING, SUBJECT TO THE PROVISIONS OF SECTION 40­15­309,UNTIL JULY 1, 2001, AT WHICH TIME THIS RESTRICTION SHALL EXPIRE AND INTERLATA TOLL SHALL BE EXEMPT FROM REGULATION UNDER THIS ARTICLE OR UNDER THE "PUBLIC UTILITIES LAW" OF THE STATE OF COLORADO FOR ALL PURPOSES;

(n)  INTRALATA TOLL, SUBJECT TO THE FOLLOWING RESTRICTION: INTRALATA TOLL SHALL BE EXEMPT FROM ALL REGULATION BY THE COMMISSION ONLY FOR THE PURPOSES OF RATES AND PRICING, SUBJECT TO THE PROVISIONS OF SECTION 40­15­309, UNTIL JULY 1, 2001, AT WHICH TIME THIS RESTRICTION SHALL EXPIRE, AND INTRALATA TOLL SHALL BE EXEMPT FROM REGULATION UNDER THIS ARTICLE OR UNDER THE "PUBLIC UTILITIES LAW" OF THE STATE OF COLORADO FOR ALL PURPOSES;

(o)  DIGITAL PRIVATE LINE SERVICE;

(p)  ANALOG PRIVATE LINE SERVICE WITH THE CAPACITY OF TWENTY­FOUR OR MORE VOICE GRADE CIRCUITS;

(q)  DIRECTORY ASSISTANCE.

SECTION 17.  40­15­502 (4) and (5) (a), Colorado Revised Statutes, are amended to read:

40­15­502.  Expressions of state policy. (4)  Universal access to advanced service. The general assembly acknowledges the goal of universal access to advanced service to all telecommunications consumers in this state. The commission shall consider the impact of opening entry to the local exchange market and shall determine whether additional support mechanisms may be necessary to promote this goal. if competition for local exchange services fails to deliver advanced services in all areas of the state. THE COMMISSION SHALL CONDUCT AN OFFICIAL PROCEEDING AND SHALL REPORT ITS FINDINGS, POLICY OPTIONS FOR CONSIDERATION, AND RECOMMENDATIONS, IF ANY, TO THE HOUSE AND SENATE BUSINESS AFFAIRS AND LABOR COMMITTEES ON OR BEFORE JANUARY 31, 2001. THE COMMISSION PROCEEDING AND THE REPORT SHALL, AT A MINIMUM, ADDRESS THE OPTIONS THAT MIGHT BE CONSIDERED IN ESTABLISHING ADDITIONAL SUPPORT MECHANISMS OR MARKET MECHANISMS OR OTHER METHODS OF PAYMENT FOR THE COSTS OF ENSURING THE AVAILABILITY OF ADVANCED TELECOMMUNICATIONS SERVICES THROUGHOUT THE STATE.

(5)  Universal service support mechanisms. (a)  In order to accomplish the goals of universal basic service, universal access to advanced service, and any revision of the definition of basic service under subsection (2) of this section, the commission shall create a system of support mechanisms to assist in the provision of such services in high­cost areas. These support mechanisms shall be funded equitably and on a nondiscriminatory, competitively neutral basis through assessments, which may include a rate element, on all telecommunications service providers in Colorado and shall be distributed equitably and on a nondiscriminatory, competitively neutral basis. For purposes of administering such support mechanisms, the commission shall divide the state into reasonably compact, competitively neutral geographic support areas. A provider's eligibility to receive support under the support mechanisms shall be conditioned upon the provider's offering basic service throughout an entire support area. The commission shall review the costs of basic service and shall administer such support mechanisms. IN ADDITION, IN ORDER TO FURTHER ENSURE THE WIDE AVAILABILITY OF HIGH­QUALITY SERVICES PROVIDED BY TELECOMMUNICATIONS PROVIDERS, INCREASE THE CHOICES AVAILABLE TO COLORADO CONSUMERS STATEWIDE, AND THEREBY ENHANCE THE TELECOMMUNICATIONS INFRASTRUCTURE PLATFORM AND COLORADO'S ECONOMIC DEVELOPMENT, THE COMMISSION SHALL DIRECT THAT ANY SETTLEMENT PROCEEDS AGREED TO BE INVESTED BY ANY PROVIDER IN IMPROVEMENTS TO THAT PROVIDER'S TELECOMMUNICATIONS FACILITIES BE INVESTED IN BOTH BASIC AND ADVANCED SERVICES IN SUCH A MANNER TO BALANCE THE NEEDS OF URBAN AND RURAL AREAS.

SECTION 18.  40­15­503 (1), (2) (a), (2) (c), and (2) (d), Colorado Revised Statutes, are amended, and the said 40­15­503 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

40­15­503.  Opening of competitive local exchange market ­ process of negotiation and rule­making ­ issues to be considered by commission. (1)  Commencing on or before the effective date of this section and concluding on or before January 1, 1996, members of the working group identified in section 40­15­504 shall meet and attempt to reach consensus on proposed rules to be submitted to the commission for consideration and adoption as appropriate to implement section 40­15­502 (1).

(2) (a)  On or before January 1, 1996, The commission shall initiate rule­making proceedings ADOPT RULES to implement section 40­15­502 (1). Rules adopted in such proceedings shall become effective on or before July 1, 1996. The commission shall grant substantial deference to the proposals submitted by the working group under subsection (1) of this section in regard to issues on which the working group reports it has reached consensus. Said rules shall be designed to foster and encourage the emergence of a competitive telecommunications marketplace and may include more active regulation of one provider than another or the imposition of geographic limits or other conditions on the authority granted to a provider. In addition, in adopting such rules, the commission shall consider the differences between the economic conditions of rural and urban areas.

(b.5)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE OR THE "PUBLIC UTILITIES LAW" OF THE STATE OF COLORADO, RECIPROCAL COMPENSATION FOR THE TRANSPORT AND TERMINATION OF LOCAL TELECOMMUNICATIONS SERVICES SHALL ONLY BE LAWFUL FOR TELECOMMUNICATIONS SERVICES THAT TERMINATE WITHIN AN ORIGINATING PROVIDER'S LOCAL CALLING AREA. TELECOMMUNICATIONS SERVICES SHALL NOT BE DEEMED TO TERMINATE, FOR PURPOSES OF COMPENSATION, IF A CARRIER OR OTHER PERSON DELIVERS TRAFFIC TO ANOTHER CARRIER OR OTHER PERSON FOR DELIVERY OUTSIDE THE ORIGINATING PROVIDER'S LOCAL CALLING AREA IRRESPECTIVE OF THE TECHNOLOGY USED TO ACCOMPLISH, OR THE REGULATORY STATUS OF THE ENTITY ACCOMPLISHING, SUCH FURTHER DELIVERY. THIS PARAGRAPH (b.5) SHALL NOT BE APPLIED TO ALTER, MODIFY, OR OTHERWISE CHANGE THE PROVISIONS OF SECTION 40­15­401 (1).

(c) (I)  The commission shall consider changing CHANGE to forms of price regulation other than rate­of­return regulation for any telecommunications provider REQUESTING SUCH A CHANGE that provides services regulated under part 2 or 3 of this article and shall consider the UNDER conditions under which such a change may take place to THAT ensure that telecommunications services continue to be available to all consumers in the state at fair, just, and reasonable rates. This paragraph (c) shall not be construed to limit the manner and methods of regulation available under section 40­15­302.

(II)  As used in this paragraph (c), "price regulation" means a form of regulation that may contain, without limitation, any of the following elements:

(A)  Regulation of the price and quality of services;

(B)  Price floors and price ceilings;

(C)  Flexibility in pricing between price floors and price ceilings;

(D)  Modified tariff requirements;

(E)  Incentives for increased efficiency, productivity, and quality of service.

(III)  PROVIDERS REGULATED BY FORMS OF PRICE REGULATION OTHER THAN RATE­OF­RETURN REGULATION SHALL BE PERMITTED TO DETERMINE DEPRECIATION METHODS, PROCEDURES, AND RATES USING GENERALLY ACCEPTED ACCOUNTING PRINCIPLES FOR PURPOSES OF RECORDING EXPENSES AND ACCRUALS ON THEIR REGULATED BOOKS OF ACCOUNT.

(d)  The commission shall adopt rules providing for simplified regulatory treatment for basic local exchange providers that serve only rural exchanges of ten thousand or fewer access lines RURAL TELECOMMUNICATIONS PROVIDERS AS DEFINED IN SECTION 40­15­102 (24.5). Such simplified treatment may include, but shall not be limited to, optional methods of regulatory treatment that reduce regulatory requirements, reduce the financial burden of regulation, and allow pricing flexibility. Such simplified treatment may also allow extensions of time for the implementation of requirements under this part 5 in rural exchanges for which there are no competing basic local exchange providers certified.

SECTION 19.  Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day 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.".

HB99-1365 be postponed indefinitely.

FINANCE

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

HB99-1329 be referred to the Committee of the Whole with favorable recommendation.

HB99-1377 be referred to the Committee of the Whole with favorable recommendation.

SB99-020 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:

SB99-023 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

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

"SECTION 1.  Title 19, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 7

Short­term Out­of­home and

Family Preservation Treatment Act

19­7­101.  Short title. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "SHORT­TERM OUT­OF­HOME AND FAMILY PRESERVATION TREATMENT ACT".

19­7­102.  Legislative declaration. (1)  THE GENERAL ASSEMBLY FINDS THAT MANY PARENTS IN COLORADO HAVE EXPERIENCED CHALLENGING CIRCUMSTANCES BECAUSE THEIR CHILDREN HAVE DEMONSTRATED OUT­OF­CONTROL BEHAVIOR. MANY TIMES PARENTS HAVE BECOME INCREASINGLY FRUSTRATED IN THEIR ATTEMPTS TO NAVIGATE THE VARIOUS GOVERNMENTAL SYSTEMS INCLUDING CHILD WELFARE, MENTAL HEALTH, LAW ENFORCEMENT, JUVENILE JUSTICE, EDUCATION, AND YOUTH CORRECTIONS IN AN ATTEMPT TO FIND HELP FOR THEIR CHILDREN. FREQUENTLY IN THESE SITUATIONS AN ACTION IN DEPENDENCY OR NEGLECT UNDER ARTICLE 3 OF THIS TITLE OR DELINQUENCY UNDER ARTICLE 2 OF THIS TITLE, MAY NOT BE APPROPRIATE OR WARRANTED. IN ADDITION, THE CHILD MAY NOT HAVE A MENTAL ILLNESS DIAGNOSIS THAT WOULD ENABLE THE CHILD TO MEET ELIGIBILITY REQUIREMENTS FOR MEDICAID FUNDED SERVICES THROUGH THE MENTAL HEALTH SYSTEM. ALTHOUGH APPROPRIATE SERVICES, INCLUDING OUT­OF­HOME SERVICES, THAT MAY OTHERWISE BENEFIT THE CHILD MAY BE AVAILABLE THROUGH THE STATE, COUNTY DEPARTMENT OF SOCIAL SERVICES, COMMUNITY MENTAL HEALTH CENTERS, OR OTHER COMMUNITY AGENCIES, THE PARENT IS OFTEN PRECLUDED FROM OBTAINING THE APPROPRIATE SERVICES WITHOUT THE FILING OF AN ACTION IN DEPENDENCY OR NEGLECT OR DELINQUENCY, WHICH SOME FAMILIES FIND UNDESIRABLE AND STIGMATIZING.

(2)   THE GENERAL ASSEMBLY FINDS THAT IT IS DESIRABLE TO ASSIST CHILDREN EXPERIENCING SUCH DIFFICULT CIRCUMSTANCES AS THOSE DESCRIBED IN SUBSECTION (1) OF THIS SECTION AND SUCH CHILDREN'S FAMILIES. ACCORDINGLY, THE GENERAL ASSEMBLY DETERMINES THAT IT IS APPROPRIATE TO ADOPT A PROGRAM PURSUANT TO WHICH MENTAL HEALTH SERVICES, AS THAT TERM IS DEFINED IN SECTION 19­1­103 (77.3), WOULD BE PROVIDED TO ELIGIBLE CHILDREN WHO ARE DEMONSTRATING OUT­OF­CONTROL BEHAVIOR AND TO SUCH CHILDREN'S FAMILIES WHEN THE PARENTS OR LEGAL GUARDIANS REQUEST TREATMENT SERVICES, INCLUDING SHORT­TERM OUT­OF­HOME PLACEMENT.

19­7­103.  Short­term out­of­home placement and family preservation treatment program ­ creation. (1) (a)  THE STATE DEPARTMENT IS HEREBY DIRECTED TO ESTABLISH A SHORT­TERM OUT­OF­HOME PLACEMENT AND FAMILY PRESERVATION TREATMENT PROGRAM. THE PURPOSE OF THE PROGRAM SHALL BE TO PROVIDE MENTAL HEALTH SERVICES, AS THAT TERM IS DEFINED IN SECTION 19­1­103 (77.3), INCLUDING SHORT­TERM OUT­OF­HOME PLACEMENT SERVICES, NOT TO EXCEED TWO TIMES ANNUALLY FOR A MAXIMUM OF FIVE CONSECUTIVE DAYS OF OUT­OF­HOME PLACEMENT EACH TIME, AND FAMILY PRESERVATION TREATMENT SERVICES, NOT TO EXCEED TWO TIMES ANNUALLY FOR A MAXIMUM OF THIRTY CONSECUTIVE DAYS EACH TIME, COMMENCING NO LATER THAN JANUARY 1, 2000, TO ELIGIBLE CHILDREN WHO ARE AT RISK OF OUT­OF­HOME PLACEMENT AND WHO MEET THE ELIGIBILITY CRITERIA ESTABLISHED BY THE STATE BOARD AND TO SUCH CHILDREN'S FAMILIES. UPON REQUEST OF THE CHILD'S PARENT OR LEGAL GUARDIAN, SUCH SERVICES THAT THE FAMILY AND THE SERVICE PROVIDER AGREE ARE APPROPRIATE SHALL BE PROVIDED TO ELIGIBLE CHILDREN AND THEIR FAMILIES, SUBJECT TO AVAILABLE APPROPRIATIONS, IF:

(I)  THE FAMILY IS ELIGIBLE PURSUANT TO THE CRITERIA ESTABLISHED BY THE STATE BOARD PURSUANT TO SECTION 19­7­104;

(II)  THE ASSESSMENT BY THE SERVICE PROVIDER, AS THAT TERM IS DEFINED IN SECTION 19­1­103 (95.5), SELECTED BY THE GOVERNING BODY OR GROUP OF GOVERNING BODIES PURSUANT TO PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION TO PROVIDE SERVICES PURSUANT TO THIS ARTICLE DETERMINES THAT THE REQUESTED SERVICES ARE APPROPRIATE;

(III)  THERE ARE SUFFICIENT FUNDS AVAILABLE TO PROVIDE THE SERVICES; AND

(IV) THE FAMILY CHOOSES TO ACCEPT THE OFFERED SERVICES.

(b) IF THE SERVICE PROVIDER SELECTED BY THE GOVERNING BODY OR GROUP OF GOVERNING BODIES DETERMINES THAT THE CHILD OR FAMILY DOES NOT MEET THE ELIGIBILITY CRITERIA FOR THIS PROGRAM AND THAT SUCH CHILD'S OR FAMILY'S NEEDS MAY MORE APPROPRIATELY BE MET THROUGH OTHER EXISTING PROGRAMS, THEN THE SERVICE PROVIDER SHALL MAKE THE APPROPRIATE REFERRAL.

(2) (a)  PURSUANT TO THE RULES OF THE STATE BOARD, THE STATE DEPARTMENT SHALL ALLOCATE TO THE GOVERNING BODY OF EACH COUNTY OR CITY AND COUNTY THE MONEYS APPROPRIATED FOR THE IMPLEMENTATION OF THIS ARTICLE. A GOVERNING BODY OR GROUP OF GOVERNING BODIES MAY USE THIS ALLOCATION TO DEVELOP NEW PROGRAMS OR TO AUGMENT EXISTING PROGRAMS AND MAY ALSO USE COUNTY MONEYS AND RESOURCES TO PROVIDE ADDITIONAL SERVICES.

(b)  THE GOVERNING BODY OF EACH COUNTY OR CITY AND COUNTY, ALONE OR IN COMBINATION WITH ANY OTHER GOVERNING BODY, SHALL SELECT AND CONTRACT WITH ONE OR MORE APPROPRIATE SERVICE PROVIDERS, AS THAT TERM IS DEFINED IN SECTION 19­1­103 (95.5), IN THE COMMUNITY FOR THE PROVISION OF MENTAL HEALTH SERVICES THROUGH SHORT­TERM OUT­OF­HOME PLACEMENT AND FAMILY PRESERVATION TREATMENT SERVICES FOR CHILDREN WHO MEET THE ELIGIBILITY CRITERIA FOR SERVICES AS DEVELOPED BY RULE OF THE STATE BOARD PURSUANT TO SECTION 19­7­104 AND SUCH CHILDREN'S FAMILIES IN ORDER TO ACHIEVE CRISIS STABILIZATION IN THAT FAMILY. IN ADDITION TO ANY OTHER COUNTY MONEYS THAT A GOVERNING BODY OR GROUP OF GOVERNING BODIES MAY ELECT TO APPLY TO THE IMPLEMENTATION OF THIS ARTICLE, A GOVERNING BODY OR GROUP OF GOVERNING BODIES MAY NOT EXPEND MORE THAN THE AMOUNT OF MONEYS ALLOCATED TO THE GOVERNING BODY OR THE COMBINED AMOUNT OF MONEYS ALLOCATED TO THE GROUP OF GOVERNING BODIES, PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2), FOR THE IMPLEMENTATION OF THIS ARTICLE IN ANY FISCAL YEAR.

(3)  EACH GOVERNING BODY OR GROUP OF GOVERNING BODIES SHALL REPORT TO THE STATE DEPARTMENT AS PRESCRIBED BY RULE OF THE STATE BOARD PURSUANT TO SECTION 19­7­104.

(4)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE AN ENTITLEMENT PROGRAM FOR CHILDREN OR THEIR FAMILIES BEYOND THE AMOUNT OF RESOURCES ALLOCATED TO ANY GOVERNING BODY OR GROUP OF GOVERNING BODIES PURSUANT TO PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION.

(5)  NOTHING IN THIS ARTICLE SHALL REQUIRE A GOVERNING BODY OR GROUP OF GOVERNING BODIES OPERATING A CHILD WELFARE MANAGED CARE PILOT SITE PURSUANT TO SECTION 26­5­105.5, C.R.S., TO CHANGE OR MODIFY SUCH PROGRAM OR FUNDING IN SUCH PROGRAM IN ORDER TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.

19­7­104.  Rules. (1)  THE STATE BOARD SHALL PROMULGATE RULES IMPLEMENTING THE PROGRAM. THE RULES SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING:

(a)  THE CRITERIA THAT A CHILD SHALL MEET IN ORDER TO BE ELIGIBLE TO RECEIVE SERVICES PURSUANT TO THIS ARTICLE WHICH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO:

(I)  THAT THE CHILD IS AT LEAST TEN YEARS OF AGE, BUT LESS THAN SIXTEEN YEARS OF AGE;

(II)  THAT THE BEHAVIOR OF THE CHILD INCLUDES CONSISTENT ACTING OUT IN AN INAPPROPRIATE MANNER THAT IS BEYOND THE CONTROL OF THE CHILD'S PARENT OR GUARDIAN;

(III)  THAT THE CHILD DEMONSTRATES BEHAVIOR THAT IS IMPULSIVE, VIOLENT, OR DANGEROUS TO HIMSELF OR HERSELF OR OTHERS, AND THAT REQUIRES SHORT­TERM OUT­OF­HOME PLACEMENT OR FAMILY PRESERVATION SERVICES;

(IV)  THAT THE BEHAVIOR OF THE CHILD DOES NOT RESULT FROM A DIAGNOSED MENTAL ILLNESS, DOES NOT CONSTITUTE ACTS THAT MAY LEAD TO AN ADJUDICATION PURSUANT TO ARTICLE 2 OF THIS TITLE, IS NOT RELATED TO ISSUES OF DEPENDENCY OR NEGLECT PURSUANT TO ARTICLE 3 OF THIS TITLE, AND IS NOT BEHAVIOR THAT PLACES THE CHILD AT RISK OF LONG­TERM OUT­OF­HOME PLACEMENT;

(b)  THE TYPES OF SERVICES THAT MAY BE PROVIDED PURSUANT TO THIS ARTICLE;

(c)  THE METHOD OR FORMULA TO BE USED TO ALLOCATE FUNDS;

(d)  THE METHOD OR FORMULA TO BE USED TO ASSESS PARENTAL SERVICE FEES ON A SLIDING SCALE BASIS, IN ORDER TO COVER PART OF THE COST OF SERVICES;

(e)  THE IDENTIFICATION OF A SINGLE, STATEWIDE PROCEDURE BY WHICH EACH GOVERNING BODY OR GROUP OF GOVERNING BODIES SHALL REPORT ANNUALLY TO THE STATE DEPARTMENT CONCERNING THE NUMBER OF FAMILIES SERVED, THE TYPE OF SERVICES PROVIDED, AND THE NUMBER OF FAMILIES THAT THE GOVERNING BODY WAS UNABLE TO SERVE AND THE BASIS THEREFOR.

19­7­105.  Service fee for mental health services ­ short­term out­of­home placement and family preservation services. (1)  IF THE PARENT OR LEGAL GUARDIAN OF THE CHILD RECEIVING SERVICES PURSUANT TO THIS ARTICLE HAS PRIVATE INSURANCE THAT WILL COVER ALL OR A PORTION OF THE COSTS ASSOCIATED WITH THE SERVICES DESCRIBED IN THIS ARTICLE, THEN THAT RESOURCE SHALL BE USED FIRST TO PAY FOR SUCH SERVICES.

(2)  IF THE CHILD OR FAMILY BEING PROVIDED SERVICES PURSUANT TO THIS ARTICLE IS NOT COVERED BY PRIVATE INSURANCE OR IF THE PRIVATE INSURANCE DOES NOT COVER THE ENTIRE COST OF THE SERVICES, THEN THE SERVICE AGENCY SHALL ASSESS PARENTAL SERVICE FEES BASED ON A SLIDING SCALE ESTABLISHED BY RULE OF THE STATE BOARD PURSUANT TO SECTION 19­7­104 (1) (d).

SECTION 2.  19­1­103 (54), (102), and (103), Colorado Revised Statutes, are amended, and the said 19­1­103 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:

19­1­103.  Definitions. As used in this title or in the specified portion of this title, unless the context otherwise requires:

(11.5)  "AT RISK OF OUT­OF­HOME PLACEMENT", AS USED IN ARTICLE 7 OF THIS TITLE, MEANS CIRCUMSTANCES UNDER WHICH A CHILD WHO DOES NOT HAVE A DIAGNOSED MENTAL ILLNESS, WHO IS NOT ELIGIBLE FOR MEDICAID, AND FOR WHOM IT MAY NOT BE APPROPRIATE OR WARRANTED TO FILE AN ACTION IN DEPENDENCY OR NEGLECT PURSUANT TO ARTICLE 3 OF THIS TITLE OR A DELINQUENCY ACTION PURSUANT TO ARTICLE 2 OF THIS TITLE, BUT WHO IS BEYOND THE CONTROL OF HIS OR HER PARENT OR GUARDIAN.

(54)  "Governing body", as used in section 19­3­211 AND AS USED IN ARTICLE 7 OF THIS TITLE, means the board of county commissioners of a county or the city council of a city and county.

(77.3)  "MENTAL HEALTH SERVICES", AS USED IN ARTICLE 7 OF THIS TITLE, MEANS APPROPRIATE CRISIS INTERVENTION SERVICES DIRECTED TOWARD FAMILY STABILITY AND FAMILY PRESERVATION, INCLUDING IN­HOME FAMILY PRESERVATION SERVICES, NOT TO EXCEED TWO TIMES ANNUALLY FOR A MAXIMUM OF THIRTY CONSECUTIVE DAYS EACH TIME, AND SHORT­TERM OUT­OF­HOME SERVICES, NOT TO EXCEED TWO TIMES ANNUALLY FOR A MAXIMUM OF FIVE CONSECUTIVE DAYS OF OUT­OF­HOME PLACEMENT EACH TIME, OR ANY OF THOSE SERVICES DEFINED IN SECTION 26­5­101 (3), C.R.S., PROVIDED TO A CHILD WHO IS AT RISK OF OUT­OF­HOME PLACEMENT, AS THAT TERM IS DEFINED IN SUBSECTION (11.5) OF THIS SECTION AND WHO MEETS THE CRITERIA SPECIFIED IN SECTION 19­7­104.

(86.5)  "PROGRAM", AS USED IN ARTICLE 7 OF THIS TITLE, MEANS THE SHORT­TERM OUT­OF­HOME AND FAMILY PRESERVATION TREATMENT PROGRAM ESTABLISHED IN A COUNTY OR GROUP OF COUNTIES PURSUANT TO SECTION 19­7­103.

(95.5)  "SERVICE PROVIDER", AS USED IN ARTICLE 7 OF THIS TITLE, MEANS THE PERSONS OR THE PUBLIC OR PRIVATE ENTITIES THAT ARE DETERMINED BY A GOVERNING BODY, AS THAT TERM IS DEFINED IN SUBSECTION (54) OF THIS SECTION, TO BE QUALIFIED TO PROVIDE THE SERVICES DESCRIBED IN ARTICLE 7 OF THIS TITLE.

(102)  "State board", as used in part 3 of article 3 of this title AND AS USED IN ARTICLE 7 OF THIS TITLE, means the state board of human services.

(103)  "State department", as used in section 19­3­211, and part 3 of article 3 of this title, AND ARTICLE 7 OF THIS TITLE, means the department of human services created by section 24­1­120, C.R.S.

SECTION 3.  Appropriation ­ adjustment in 1999 long bill. (1)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of human services, for the fiscal year beginning July 1, 1999, the sum of one million eight hundred fifty­seven thousand nine hundred dollars ($1,857,900), or so much thereof as may be necessary, for the implementation of this act.

(2)  For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 1999, shall be adjusted as follows:

(a)  The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by one million eight hundred fifty­seven thousand nine hundred dollars ($1,857,900).

(b)  The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by one million eight hundred fifty­seven thousand nine hundred dollars ($1,857,900).

SECTION 4.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

SB99-067 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 2, strike lines 5 and 6 and substitute "the aid to the needy disabled program.";

line 7, strike "program.".

SB99-152 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 3, strike line 9 and substitute the following:

"A PROBATIONARY LICENSE.";

line 23, after "requires.", insert "THE STATE BOARD OF HUMAN SERVICES SHALL PROMULGATE RULES REQUIRING THE RECERTIFICATION OF FOSTER CARE HOMES EVERY THREE YEARS AND THE PROCEDURAL REQUIREMENTS ASSOCIATED WITH SUCH RECERTIFICATION.".

Page 9, strike line 6 and substitute the following:

"DESIGNATED AS "STATUS PENDING"".

Page 10, line 19, strike "SEND" and substitute "PROVIDE".

Page 14, line 18, strike "26­6­108.5 (2)" and substitute "26­6­108.5 (1) (c)".

Page 15, line 9, after "ACTION," insert "OR THE IMPOSITION OF A FINE PURSUANT TO SECTION 26-6-108 (2) AND (2.7)";

line 20, after "ACTION", insert "OR THE FINE IMPOSED".

Page 18, line 17, strike "THE MEMBERS OF THE CHILD CARE INTERIM COMMITTEE";

line 18, strike "CREATED IN SECTION 26­6­116, AND".

______________

MESSAGE FROM THE GOVERNOR

I certify I received the following on the 22nd day of April, 1999, at 4:20 p.m. The original is on file in the records of the House of Representatives of the General Assembly.

Judith Rodrigue,

Chief Clerk of the House

April 22, 1999

To the Honorable

House of Representatives

Sixty-second General Assembly

First Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

HB99-1027 Concerning Mandatory Denial of a Driver's License as Penalty for Certain Criminal Mischief Convictions.

Approved April 22, 1999 at 11:59 a. m.

HB99-1037 Concerning the Authority of a School district to Prohibit Certain Expelled Students From Enrolling in Certain Schools.

Approved April 22, 1999 at noon.

HB99-1061 Concerning Requirements for the Payment of Unemployment Insurance Benefits.

Approved April 22, 1999 at 12:03 p. m.

HB99-1063 Concerning Termination Upon Remarriage of Benefits Paid Under the Statewide Death and Disability Plan to a Surviving spouse of a fire and Police Pension Association Member who Dies While in Active Service.

Approved April 22, 1999 at 11:53 a. m.

HB99-1071 Concerning the Granting of Immunity to Licensed Physicians from Civil Liability While Performing Volunteer Work.

Approved April 22, 1999 at 12:04 p. m.

HB99-1090 Concerning the Protection of Persons from Restraint.

Approved April 22, 1999 at 11:54 a. m.

HB99-1134 Concerning the Funding of Underground Conversion of Overhead Public Utilities.

Approved April 22, 1999 at 11:51 a. m.

HB99-1172 Concerning Criminal Cases in Which the Defendant Raises His or Her Mental State as a Defense.

Approved April 22, 1999 at 12:10 p. m.

HB99-1228 Concerning Limits on Access to an Animal's Veterinary Records, and, in Connection Therewith, Exempting Certain Records in the Custody of A State Institution from Inspection Under the Open Records Law

Approved April 22, 1999 at 11:49 a. m.

HB99-1256 Concerning the Enforcement of Traffic offenses By Counties.

Approved April 22, 1999 at 11:48 a. m.

HB99-1284 Concerning the Elimination of the Requirement that the State Engineer be Allowed the Sum of Ten Dollars Per Diem for Services Rendered in connection With the Settlement of a boundary Dispute Between Two Counties.

Approved April 22, 1999 at 11:55 a. m.

HB99-1301 Concerning a Prohibition on the Requirement of Donation of Professional Services as a Condition of Licensure in a Regulated Profession or Occupation.

Approved April 22, 1999 at 12:14 p. m.

HB99-1310 Concerning the Creation of an Exemption from Filing Requirements for Insurers Providing Coverage To Exempt Commercial Policyholders.

Approved April 22, 1999 at 11:58 a. m.

Sincerely,

(signed)

Bill Owens

Governor

______________

INTRODUCTION OF BILL

First Reading

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

HB99-1383 by Representatives McPherson, Hefley, Tate, King--Concerning the creation of a Colorado earned income tax credit, and, in connection therewith, utilizing the earned income tax credit as a means of refunding state revenues in excess of the constitutional limitation on state fiscal year spending for any given fiscal year.

Committee on Finance

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until April 23, retaining place on Calendar:

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

Consideration of Senate Amendments--HB99-1108, 1019, 1079, 1198.

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., April 23, 1999.

Approved:

Attest: RUSSELL GEORGE,

Speaker

JUDITH RODRIGUE,

Chief Clerk