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
Forty-second
Legislative Day Tuesday, February 16, 1999
Prayer by Pastor Brad Strait, South
Presbyterian Church, Littleton.
The Speaker called the House to order at 9:00
a.m.
The roll was called with the following result:
Present--60.
Absent and excused for Legislative Business--Representatives May, Tate--2.
Absent and excused--Representatives Lawrence, Veiga, McPherson--3.
Present after roll call--Representatives Lawrence,
McPherson, Tate, Veiga.
The Speaker declared a quorum present.
_______________
On motion of Representative King, the reading of the journal of February 15, 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:
HB99-1214 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 23, after "OF"
insert "THE MOST";
line 24, strike "WHICH" and substitute
"AND".
Page 5, line 13, after the period add "NOTHING
IN THIS SUBPARAGRAPH (II) SHALL PRECLUDE THE PATIENT, THE PATIENT'S
REPRESENTATIVE, OR THE PATIENT'S HEIRS FROM OBTAINING FACTUAL
INFORMATION RELEVANT TO THE PATIENT'S CARE. NOTHING IN THIS SUBPARAGRAPH
(II) SHALL BE CONSTRUED TO ALLOW ACCESS TO CONFIDENTIAL PROFESSIONAL
REVIEW COMMITTEE RECORDS OR REVIEWS CONDUCTED UNDER ARTICLE 36.5
OF TITLE 12, C.R.S.".
HB99-1255 be postponed
indefinitely.
HB99-1281 be amended
as follows, and as so amended, be referred to the Committee on
Finance with favorable recommendation:
Amend printed bill, page 2, line 6, strike "rules."
and substitute "rules - evaluation - repeal.".
Page 4, line 5, before "COMPLAINT", insert
"SUBSTANTIATED";
strike lines 13 through 16 and substitute the following:
"(a) THE LICENSEE HAS BEEN LICENSED
IN COLORADO AS A FAMILY CHILD CARE HOME AND HAS PROVIDED CHILD
CARE SERVICES FOR AT LEAST SIX CONSECUTIVE YEARS IMMEDIATELY PRECEDING
THE DATE OF APPLICATION;";
line 21, strike "SUBSTANTIAL" and substitute
"SUBSTANTIATED";
line 25, strike "CONTINUING EDUCATION"
and substitute "TRAINING THAT IS VERIFIED AND APPROVED BY
THE STATE DEPARTMENT".
Page 5, line 5, after "SPACE,", insert
"AS SPECIFIED BY RULE OF THE STATE BOARD,";
line 24, strike "FOUR" and substitute "THREE";
line 26, strike "ONE AND ONE-HALF" and
substitute "TWO".
Page 6, line 1, strike "ONE AND" and substitute
"THREE YEARS OF AGE; OR";
strike lines 2 and 3;
line 4, strike "CAPACITY." and substitute
"CAPACITY FOR A MAXIMUM OF TWO MONTHS EACH CALENDAR YEAR
AS NEEDED FOR FLEXIBILITY PURPOSES AND AN OVERLAP OF ONE EXTRA
CHILD FOR UP TO TWO HOURS PER DAY.";
after line 9, insert the following:
"(c) NOTHING IN THIS SUBSECTION (4)
SHALL BE INTENDED TO INHIBIT THE ABILITY OF THE STATE DEPARTMENT
TO MONITOR AND INSPECT LICENSED FACILITIES AND INVESTIGATE AND
TAKE ACTION CONCERNING COMPLAINTS MADE AGAINST LICENSED FACILITIES.";
line 12, strike "CONTINUING EDUCATION"
and substitute "TRAINING THAT IS VERIFIED AND APPROVED BY
THE STATE DEPARTMENT";
after line 16, insert the following:
"(7) ON OR BEFORE OCTOBER 1, 2001,
THE STATE DEPARTMENT SHALL EVALUATE THE IMPACT OF THE EXPERIENCED
CHILD CARE PROVIDER DESIGNATION AUTHORIZED BY THIS SECTION. IN
CONDUCTING SUCH EVALUATION, THE STATE DEPARTMENT SHALL COMPARE
THE NUMBER OF COMPLAINTS FILED, SAFETY VIOLATIONS IDENTIFIED,
INSPECTION AND MONITORING RESULTS OBSERVED BETWEEN LICENSED FAMILY
CHILD CARE HOME PROVIDERS THAT HAVE RECEIVED THE EXPERIENCED DESIGNATION
AND ALL OTHER LICENSED FAMILY CHILD CARE HOME PROVIDERS.
(8) THIS SECTION IS REPEALED, EFFECTIVE
SEPTEMBER 1, 2002.";
line 23, strike "FOLLOWING" and substitute
"CRIMINAL OFFENSES IDENTIFIED IN SECTION 26-6-104 (7) OR
SECTION 26-6-108 (2) (a).";
strike lines 24 through 26.
Page 7, strike lines 1 through 9.
HB99-1306 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 18, strike lines 9 through
17, and substitute the following:
"SECTION 4. Appropriation.
In addition to any other appropriation, there is hereby appropriated,
out of any moneys in the division of insurance cash fund not otherwise
appropriated, to the department of regulatory agencies, for allocation
to the division of insurance, for the fiscal year beginning July
1, 1999, the sum of seventeen thousand five hundred dollars ($17,500),
or so much thereof as may be necessary, for the implementation
of this act.".
HB99-1307 be referred
to the Committee of the Whole with favorable recommendation.
TRANSPORTATION AND ENERGY
After consideration on the merits, the Committee
recommends the following:
HB99-1293 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 3, line 19, after "C.R.S.",
add "THE DEPARTMENT SHALL NOT RELEASE PHOTOGRAPHS, ELECTRONICALLY
STORED PHOTOGRAPHS, DIGITIZED IMAGES, OR FINGERPRINTS FILED WITH,
MAINTAINED BY, OR PREPARED BY THE DEPARTMENT THROUGH BULK ELECTRONIC
TRANSFER.";
strike lines 24 through 26 and substitute the following:
"GENERAL ASSEMBLY SHALL MAKE ANNUAL APPROPRIATIONS
FROM THE GENERAL FUND FOR THE COSTS ASSOCIATED WITH THE ADMINISTRATION
OF THIS SUBSECTION (3.5).".
Page 4, strike lines 1 through 4;
strike lines 8 through 22 and substitute the following:
"SECTION 3. 2472204
(2) (a) (VI), Colorado Revised Statutes, is amended to read:
2472204. Allowance or denial
of inspection grounds procedure appeal.
(2) (a) The custodian may deny the right of inspection
of the following records, unless otherwise provided by law, on
the ground that disclosure to the applicant would be contrary
to the public interest:
(VI) Photographs filed with, maintained
by, or prepared by the department of revenue pursuant to section
422121 (2) (c) (I) (F), C.R.S. Copies
of photographs, electronically stored photographs, or digitized
images may be sold by the department of revenue under section
421206 (3), C.R.S., for the purpose of prevention
of fraud.
SECTION 4. Repeal.
421206 (3), Colorado Revised Statutes, is repealed
as follows:
421206. Records open to
inspection furnishing of copies.
(3) (a) Except as
provided in paragraph (d) of this subsection (3), the department
may sell copies of photographs, electronically stored photographs,
or digitized images that are recorded and maintained as required
by section 422121 (2) (c) (I) (F) if such items are
to be used solely for the prevention of fraud, including, but
not limited to, use in mechanisms intended to prevent the fraudulent
use of credit cards, debit cards, checks, or other forms of financial
transactions. The use of such photographs, electronically stored
photographs, or digitized images obtained pursuant to this subsection
(3) is limited to the verification of the identity of the holder
of an account and may not be used for any other purpose.
(b) The department may sell copies
of photographs, electronically stored photographs, or digitized
images that are recorded and maintained by the department as required
by section 422121 (2) (c) (I) (F), upon receipt of
the following from an applicant:
(I) Proof of the identity of the
applicant;
(II) A declaration, in such form
as is required by the department, describing how the applicant
will use such photographs, electronically stored photographs,
or digitized images for the prevention of fraud; and
(III) Payment of a fee for the
photographs, electronically stored photographs, or digitized images.
The department shall establish a fee for providing copies of
such photographs, electronically stored photographs, or digitized
images and all fees collected pursuant to this subsection (3)
shall be used to defray the costs of the department in providing
such copies to applicants.
(c) The department may authorize
an applicant to obtain copies of photographs, electronically stored
photographs, or digitized images directly from a vendor. To obtain
such items from a vendor, the applicant shall apply to the department
and comply with the provisions of subparagraphs (I) and (II) of
paragraph (b) of this subsection (3). If the application is approved
by the department, the applicant shall pay the vendor directly
for the cost of obtaining the photographs, electronically stored
photographs, or digitized images.
(d) The department may not sell
any photograph, electronically stored photograph, or digitized
image of a person whose address is required to be kept confidential
under section 2472204 (3.5), C.R.S.".
Page 1, strike lines 103 and 104 and substitute the following:
"OF REVENUE.".
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB99-1043.
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and returns
herewith HB99-1080 and 1106.
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes: SB99-094;
SB99-021, amended as printed in Senate Journal, February 12, page 252;
SB99-025, amended as printed in Senate Journal, February 12, page 253;
SB99-052, amended as printed in Senate Journal, February 12, pages 251-252;
SB99-114, amended as printed in Senate Journal, February 12, page 252;
SB99-123, amended as printed in Senate Journal, February 12, page 254;
SB99-137, amended as printed in Senate Journal, February 12, pages 252 and 254;
SB99-140, amended as printed in Senate Journal, February 12, page 253.
_______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, SB99-094; and without comment, as amended, SB99-021, 025, 052, 114, 123, 137, and 140.
_______________
THIRD READING OF BILL--FINAL PASSAGE
The following bill was considered on Third Reading. The title was publicly read. Reading of the bill at length was dispensed with by unanimous consent.
HB99-1090 by Representatives
Keller, Morrison; also Senator Wham--Concerning the protection
of persons from restraint.
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 33 NO 31 EXCUSED 1 ABSENT 0
|
Alexander Y Allen N Bacon Y Berry Y Chavez Y Clapp N Clarke Y Coleman Y Dean N Decker N Fairbank N Gagliardi Y Gordon Y Gotlieb N Grossman Y Hagedorn Y | Hefley N Hoppe N Johnson N Kaufman N Keller Y Kester Y King N Larson N Lawrence N Lee N Leyba Y Mace Y May E McElhany N McKay N McPherson N | Miller Y Mitchell N Morrison Y Nuñez N Paschall N Pfiffner Y Plant Y Ragsdale Y Saliman Y Sinclair N Smith Y Spence N Spradley N Stengel N Sullivant N Swenson N | Takis Y Tapia Y Tate Y Taylor N Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. N Windels Y Witwer N Young N Zimmerman Y | |||
| Mr. Speaker N |
Co-sponsors added: Representatives Alexander, Bacon, Chavez, Clarke, Coleman, Gagliardi, Gordon, Grossman, Mace, S.Williams, Windels.
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, Consideration of General Orders (HB99-1233, 1199, 1163, 1206, 1204, 1244, 1285, 1274, 1288, 1251, 1275, 1213, 1215, 1217, 1269, 1218, 1247, 1265, 1268, 1284, 1216, SB99-002, HB99-1267, 1004, 1174, 1231, 1295, 1301, SB99-031, HB99-1242, 1261, 1277, 1279, 1212, 1220, 1256) was laid over until February 17, retaining place on Calendar.
_______________
On motion of Representative Dean, the House adjourned
until 9:00 a.m., February 17, 1999.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk