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
Twenty-ninth
Legislative Day Wednesday, February 3, 1999
Prayer by Rabbi Yaakov Chaitovsky, BMH-BJ
Congregation, Denver.
The Speaker called the House to order at 9:00
a.m.
The roll was called with the following result:
Present--63.
Absent and excused--Representative Tupa--1.
Absent--Representative Chavez--1.
Present after roll call--Representative Chavez.
The Speaker declared a quorum present.
_______________
On motion of Representative Gagliardi, the reading of the journal of February 2, 1999, was dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEES OF REFERENCE
HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS
After consideration on the merits, the Committee
recommends the following:
HB99-1085 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 2, line 5, strike "AND
THE RESOURCE ELIGIBILITY STANDARDS APPLICABLE TO THE";
line 6, strike "COLORADO WORKS PROGRAM UNDER
SECTION 262706 (2),";
line 7, after the period, add "NO RESOURCE STANDARD
SHALL BE APPLIED TO CHILDREN IN THE BABY AND KID CARE PROGRAM
AS A CONDITION OF ELIGIBILITY.";
strike lines 24 through 26, and substitute the following:
"effect on July 16, 1996. NO RESOURCE STANDARD
SHALL BE APPLIED AS A CONDITION OF ELIGIBILITY TO CHILDREN WHO
MEET THE INCOME REQUIREMENTS OF THE STATE'S AID TO FAMILIES WITH
DEPENDENT CHILDREN PROGRAM PURSUANT TO RULES THAT WERE IN EFFECT
ON JULY 16, 1996.".
HB99-1090 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, after "TO",
insert "INVOLUNTARILY";
line 18, after "TO", insert "INVOLUNTARILY";
line 21, after "TO", insert "INVOLUNTARILY";
strike line 26 and substitute the following:
"(a) THE USE OF ANY FORM OF RESTRAINT
IN A LICENSED OR CERTIFIED HOSPITAL WHEN SUCH USE IS IN THE CONTEXT
OF PROVIDING MEDICAL SERVICES THAT ARE PROVIDED WITH THE CONSENT
OF THE INDIVIDUAL OR THE INDIVIDUAL'S GUARDIAN AND ARE IN COMPLIANCE
WITH INDUSTRY STANDARDS ADOPTED BY A NATIONALLY RECOGNIZED ACCREDITING
BODY OR THE CONDITIONS OF PARTICIPATION ADOPTED FOR FEDERAL MEDICARE
AND MEDICAID PROGRAMS;".
Page 4, strike lines 1 through 5.
HB99-1184 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, strike everything below the enacting
clause and substitute the following:
"SECTION 1. 184412 (2) (b),
Colorado Revised Statutes, is amended, and the said 184412
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
184412. Theft of medical records
or medical information penalty.
(1.5) ANY PERSON WHO KNOWINGLY OBTAINS PRESCRIPTION DRUG DISPENSING
INFORMATION SHALL KEEP SUCH INFORMATION CONFIDENTIAL AND SHALL
NOT USE SUCH INFORMATION OR DISCLOSE SUCH INFORMATION TO THIRD
PARTIES EXCEPT FOR PURPOSES DIRECTLY CONNECTED WITH DISPENSING
THE PRESCRIPTION DRUG PURSUANT TO THE ORIGINAL PRESCRIPTION OR
SUBSEQUENT RENEWAL THEREOF OR PROCESSING THE PATIENT'S CLAIM
FOR BENEFITS UNDER A MANAGED CARE PLAN. FOR PURPOSES OF THIS
SECTION, PHARMACY DRUG DISPENSING INFORMATION INCLUDES BUT IS
NOT LIMITED TO INFORMATION CONCERNING THE PATIENT'S NAME, THE
TYPE AND QUANTITY OF THE DRUG PURCHASED, AND THE NAME OF THE PRESCRIBING
HEALTH CARE PRACTITIONER. ANY PERSON WHO FAILS TO COMPLY WITH
THE REQUIREMENTS OF THIS SUBSECTION (1.5) COMMITS THEFT OF A MEDICAL
RECORD OR MEDICAL INFORMATION.
(2) As used in this section:
(b) "Medical information" means
any information contained in the medical record or any information
pertaining to the medical and health care services performed at
the direction of a physician or other licensed health care provider
which is protected by the physicianpatient privilege established
by section 1390107 (1) (d), C.R.S. "MEDICAL
INFORMATION" INCLUDES BUT IS NOT LIMITED TO PRESCRIPTION
DRUG DISPENSING INFORMATION.
SECTION 2. Part
1 of article 1 of title 17, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
171128. Appropriation to
comply with section 22703.
(1) PURSUANT TO SECTION 22703, C.R.S.,
THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS
MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT HB 99-1184,
ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTYSECOND
GENERAL ASSEMBLY:
(a) (I) FOR THE FISCAL YEAR BEGINNING
JULY 1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS
HEREBY APPROPRIATED FROM THE CAPITAL CONSTRUCTION FUND TO THE
CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 171116,
THE SUM OF __ DOLLARS ($__).
(II) FOR THE FISCAL YEAR BEGINNING JULY
1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS
IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF __
DOLLARS ($__).
(b) (I) FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE CAPITAL CONSTRUCTION FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 171116,
THE SUM OF __ DOLLARS ($__).
(II) FOR THE FISCAL YEAR BEGINNING JULY
1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS
IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF __
DOLLARS ($__).
(c) (I) FOR THE FISCAL YEAR BEGINNING
JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS
HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND TO THE
CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 171116,
THE SUM OF __ DOLLARS ($__).
(II) FOR THE FISCAL YEAR BEGINNING JULY
1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS
IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF __
DOLLARS ($__).
(d) (I) FOR THE FISCAL YEAR BEGINNING
JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS
HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND TO THE
CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 171116,
THE SUM OF __ DOLLARS ($__).
(II) FOR THE FISCAL YEAR BEGINNING JULY
1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS
IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF __
DOLLARS ($__).
(e) (I) FOR THE FISCAL YEAR BEGINNING
JULY 1, 2003, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS
HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND TO THE
CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 171116,
THE SUM OF __ DOLLARS ($__).
(II) FOR THE FISCAL YEAR BEGINNING JULY
1, 2003, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS
IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF __
DOLLARS ($__).
SECTION 3. Effective
date applicability. This act shall take
effect July 1, 1999, and shall apply to offenses committed on
or after said date.
SECTION 4. 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.".
HB99-1203 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 2, line 16, after "(d)",
insert "(I)";
strike lines 18 and 19 and substitute the following:
"THE IRC MAY REQUIRE THE PARTICIPANT TO PARTICIPATE
IN SUCH DRUG ABUSE CONTROL PROGRAM";
line 20, strike "SUBSTANCE, SUCH" and substitute
"SUBSTANCE BY REQUIRING THE";
line 21, strike "SHALL" and substitute
"TO".
Page 3, after line 5, insert the following:
"(II) APPEALS BY A PARTICIPANT CONCERNING
THE TERMS OF HIS OR HER IRC RELATING TO CONTROLLED SUBSTANCE REHABILITATION
PROGRAM REQUIREMENTS SHALL FIRST BE HEARD THROUGH THE COUNTY DISPUTE
RESOLUTION PROCESS.";
line 13, strike "SUBJECT TO" and substitute
"AND MAY INCLUDE, BUT NEED NOT BE LIMITED TO,";
line 17, after "PROGRAM,", insert "IF
THE USE OF A CONTROLLED SUBSTANCE PREVENTS THE PARTICIPANT FROM
SUCCESSFULLY PARTICIPATING IN HIS OR HER WORK ACTIVITY, THEN";
and strike "DETERMINE";
strike lines 18 and 19 and substitute the following:
"REQUIRE THE PARTICIPANT TO PARTICIPATE IN A
DRUG ABUSE CONTROL PROGRAM BASED IN WHOLE OR IN PART UPON A";
strike lines 24 and 25 and substitute the following:
"CHOOSES TO REQUIRE THE PARTICIPANT TO PARTICIPATE
IN A DRUG ABUSE CONTROL PROGRAM, THEN THE".
Page 4, strike lines 24 through 26.
Page 5, strike lines 1 and 2;
strike lines 8 through 15 and substitute the following:
"SECTION 4. 262703,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
262703. Definitions. As
used in this part 7, unless the context otherwise requires:
(5.5) "CONTROLLED SUBSTANCE"
MEANS A SUBSTANCE, A DRUG, OR AN IMMEDIATE PRECURSOR INCLUDED
IN SCHEDULES I TO V OF PART 2 OF ARTICLE 18 OF TITLE 18, C.R.S.,
AND ANY "ALCOHOL BEVERAGE" AS DEFINED IN SECTION 1247103
(2), C.R.S.
SECTION 5. Appropriation. In
addition to any other appropriation, there is hereby appropriated,
to the department of human services, for the fiscal year beginning
July 1, 1999, the sum of sixty-seven thousand five hundred dollars
($67,500), or so much thereof as may be necessary, for the implementation
of this act. Of said sum, four thousand eight hundred forty-five
dollars ($4,845) shall be from the general fund, ten thousand
six hundred fifty-nine dollars ($10,659) shall be from cash funds
exempt, and fifty-one thousand nine hundred ninety-six dollars
($51,996) shall be from federal funds.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "PROGRAM." and
substitute "PROGRAM, AND MAKING AN APPROPRIATION IN CONNECTION
THEREWITH.".
HB99-1208 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 2, strike lines 2 through
23.
Page 2, strike lines 1 through 12.
Renumber succeeding sections accordingly.
Page 12, after line 2, insert the following:
"SECTION 2. Appropriation. (1) In
addition to any other appropriation, there is hereby appropriated,
to the department of revenue, for the fiscal year beginning July
1, 1999, the sum of forty-six thousand two hundred sixty dollars
($46,260), or so much thereof as may be necessary, for the implementation
of this act. Of said sum, forty-six thousand two hundred sixty
dollars ($46,260) shall be from the general fund.
(2) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in cash funds
exempt not otherwise appropriated, to the department of law, for
the fiscal year beginning July 1, 1999, the sum of forty-six thousand
two hundred sixty dollars ($46,260) and 0.5 FTE, or so much thereof
as may be necessary, for the implementation of this act.".
Renumber succeeding section accordingly.
Page 12, line 12, strike "offenses" and
substitute "the sale of all cigarettes";
line 13, strike "committed".
Page 1, line 102, strike "SETTLEMENT."
and substitute "SETTLEMENT, AND MAKING AN APPROPRIATION IN
CONNECTION THEREWITH.".
LOCAL GOVERNMENT
After consideration on the merits, the Committee
recommends the following:
HB99-1191 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 1, line 2, strike "(IV)"
and substitute "(X) (A)".
Page 2, strike lines 1 through 7 and substitute the
following:
"(X) (A) Any records of sexual
harassment complaints and investigations, which
are maintained pursuant to any rule of the general assembly on
a sexual harassment policy, whether
or not such records are maintained as part of a personnel file;
except that, an administrative agency investigating the complaint
may, upon a showing of necessity to the custodian of records,
gain access to information necessary to the investigation of such
a complaint.
(XIII) RECORDS PROTECTED UNDER THE COMMON
LAW GOVERNMENTAL OR "DELIBERATIVE PROCESS" PRIVILEGE,
IF THE MATERIAL IS SO CANDID OR PERSONAL THAT PUBLIC DISCLOSURE
IS LIKELY TO STIFLE HONEST AND FRANK DISCUSSION WITHIN THE GOVERNMENT,
UNLESS THE PRIVILEGE HAS BEEN WAIVED. THE GENERAL ASSEMBLY HEREBY
FINDS AND DECLARES THAT IN SOME CIRCUMSTANCES, PUBLIC DISCLOSURE
OF SUCH RECORDS MAY CAUSE SUBSTANTIAL INJURY TO THE PUBLIC INTEREST.
IF ANY PUBLIC RECORD IS WITHHELD PURSUANT TO THIS SUBPARAGRAPH
(XIII), THE CUSTODIAN SHALL PROVIDE THE APPLICANT WITH A SWORN
STATEMENT SPECIFICALLY DESCRIBING EACH DOCUMENT WITHHELD, EXPLAINING
WHY EACH SUCH DOCUMENT IS PRIVILEGED, AND WHY DISCLOSURE WOULD
CAUSE SUBSTANTIAL INJURY TO THE PUBLIC INTEREST. IF THE APPLICANT
SO REQUESTS, THE CUSTODIAN SHALL APPLY TO THE DISTRICT COURT FOR
AN ORDER PERMITTING HIM OR HER TO RESTRICT DISCLOSURE. THE APPLICATION
SHALL BE SUBJECT TO THE PROCEDURES AND BURDEN OF PROOF PROVIDED
FOR IN SUBSECTION (6) OF THIS SECTION. ALL PERSONS ENTITLED TO
CLAIM THE PRIVILEGE WITH RESPECT TO THE RECORDS IN ISSUE SHALL
BE GIVEN NOTICE OF THE PROCEEDINGS AND SHALL HAVE THE RIGHT TO
APPEAR AND BE HEARD. IN DETERMINING WHETHER DISCLOSURE OF THE
RECORDS WOULD CAUSE SUBSTANTIAL INJURY TO THE PUBLIC INTEREST,
THE COURT SHALL WEIGH, BASED ON THE CIRCUMSTANCES PRESENTED IN
THE PARTICULAR CASE, THE PUBLIC INTEREST IN HONEST AND FRANK DISCUSSION
WITHIN GOVERNMENT AND THE BENEFICIAL EFFECTS OF PUBLIC SCRUTINY
UPON THE QUALITY OF GOVERNMENTAL DECISIONMAKING AND PUBLIC
CONFIDENCE THEREIN.".
HB99-1122 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 1, strike line 7.
Page 2, strike line 1 and substitute the following:
"(a) To prohibit within or
within one mile beyond the outer
limits of the municipality any offensive or unwholesome business
or";
line 3, strike "or within" and substitute
"or within";
strike lines 4 through 13 and substitute the following:
"one mile beyond
the outer
limits of the municipality.
(d) To direct the location and regulate
the management and construction of slaughterhouses, packing houses,
renderies, tallow candleries, bone factories, soap factories,
tanneries, and dairies within the limits of the municipality;
or within one mile beyond the municipal
limits;".
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee
recommends the following:
HB99-1097 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 3, strike line 12 and substitute the following:
"AT ANY GENERAL ELECTION HELD IN NOVEMBER, 2000,
OR".
Page 4, line 23, strike "C.R.S.;" and substitute
"C.R.S.";
strike lines 24 through 26.
Page 5, strike lines 1 and 2;
line 12, strike "MAY" and substitute "SHALL".
Page 9, strike lines 5 through 18 and substitute the following:
"RETURNS.";
line 22, strike "1998" and substitute "2000".
Page 14, strike lines 23 through 26 and substitute
the following:
"15505. Election expenses
to be paid by county. (1) The cost of conducting
general, primary, and congressional vacancy elections, including
the cost of printing and supplies, shall be a county charge, the
payment of which shall be provided for in the same manner as the
payment of other county expenses.
(2) (a) FOR A SPECIAL LEGISLATIVE
ELECTION, IF THE STATE SENATORIAL OR STATE REPRESENTATIVE DISTRICT
IN WHICH THE SPECIAL LEGISLATIVE ELECTION IS TO BE HELD IS COMPRISED
OF ONE OR MORE WHOLE COUNTIES OR A PART OF ONE COUNTY AND ALL
OR A PART OF ONE OR MORE OTHER COUNTIES, THE COST OF CONDUCTING
A SPECIAL LEGISLATIVE ELECTION, INCLUDING THE COST OF PRINTING
AND SUPPLIES, SHALL BE A COUNTY CHARGE OF THE COUNTY IN WHICH
THERE WERE IRREGULARITIES IN THE VOTES CAST OR COUNTED AT THE
GENERAL ELECTION FOR SUCH DISTRICT.
(b) IF THE STATE SENATORIAL OR STATE REPRESENTATIVE
DISTRICT IN WHICH THE SPECIAL ELECTION IS TO BE HELD IS COMPRISED
OF A PORTION OF ONE COUNTY, THE COST OF CONDUCTING A SPECIAL LEGISLATIVE
ELECTION, INCLUDING THE COST OF PRINTING AND SUPPLIES, SHALL BE
A COUNTY CHARGE OF SUCH COUNTY.
(c) THE PAYMENT OF SUCH COSTS OF A SPECIAL
LEGISLATIVE ELECTION SHALL BE PROVIDED FOR IN THE SAME MANNER
AS THE PAYMENT OF OTHER COUNTY EXPENSES.".
Page 15, strike line 1.
HB99-1100 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, strike lines 3 through
9 and substitute the following:
"bidding on a construction contract for a public
project.
SECTION 2. Article
19 of title 8, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
"819102.5. Resident
bidder reciprocity. NOTWITHSTANDING ANY
PROVISION OF THIS PART 1 TO THE CONTRARY, THE RESIDENCE, REGISTRATION,
UNEMPLOYMENT COMPENSATION, AND OTHER PREFERENCE CONDITIONS APPLIED
TO A COLORADO RESIDENT BIDDER DOING BUSINESS IN ANOTHER STATE
OR FOREIGN COUNTRY SHALL BE APPLIED TO A RESIDENT BIDDER FROM
THAT STATE OR FOREIGN COUNTRY DOING BUSINESS IN COLORADO IN DETERMINING
WHETHER A PREFERENCE SHALL BE ALLOWED.".
Renumber succeeding section accordingly.
HB99-1142 be postponed
indefinitely.
HB99-1144 be postponed indefinitely.
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HJR99-1006, 1008, 1009; HR99-1008.
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and returns
herewith HB99-1043.
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes: SB99-101, 113, 122, 135, 136, 139;
SB99- 006, amended as printed in Senate Journal, February 1, page 144;
SB99- 022, amended as printed in Senate Journal, February 1, page 144.
_______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, SB99-101, 113, 122, 135, 136, and 139; and, without comment, as amended, SB99-006 and 022.
______________
INTRODUCTION OF BILL
First Reading
The following bill was read by title and referred
to the committees indicated:
HB99-1311 by Representatives Spradley, McPherson, Dean, Kester, Larson, Lee, May, McKay, Pfiffner, Spence, Stengel, Williams T., Witwer; also Senator Owen--Concerning the refunding of state revenues in excess of the constitutional limitation on state fiscal year spending by means of a credit against state taxes, and making an appropriation therefor.
Committee on Finance
Committee on Appropriation
_______________
On motion of Representative Dean, the House adjourned
until 9:00 a.m., February 4, 1999.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk