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.

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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.

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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.

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HJR99-1006, 1008, 1009; HR99-1008.

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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.

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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.

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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

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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