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-fourth Legislative Day Thursday, February 18, 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--62.

Absent and excused--Representative McPherson--1.

Absent--Representatives Grossman, T.Williams--2.

Present after roll call--Representatives Grossman, McPherson, T.Williams.

The Speaker declared a quorum present.

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On motion of Representative King, the reading of the journal of February 17, 1999, was dispensed with and approved as corrected by the Chief Clerk.

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REPORTS OF COMMITTEES OF REFERENCE

BUSINESS AFFAIRS AND LABOR

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

HB99-1225 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 2 and 3 and substitute the following:

"(3) (a)  Within ten EXCEPT AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (3), NO LATER THAN FOUR days after the adjournment of the assembly, each candidate";

line 5, after "filed." insert "THIS ACCEPTANCE MAY BE TRANSMITTED BY FACSIMILE TRANSMISSION. IF THE ACCEPTANCE IS TRANSMITTED BY FACSIMILE TRANSMISSION, THE ORIGINAL ACCEPTANCE MUST ALSO BE FILED AND POSTMARKED NO LATER THAN TEN DAYS AFTER THE ADJOURNMENT OF THE ASSEMBLY.";

line 20, after the period, add "NOTHING IN THIS PARAGRAPH (b) SHALL PROHIBIT A CANDIDATE FROM FILING AN ACCEPTANCE OF NOMINATION DIRECTLY WITH THE OFFICER WITH WHOM THE CERTIFICATE OF DESIGNATION IS FILED FOLLOWING WRITTEN NOTICE OF SUCH FILING BY THE CANDIDATE TO THE PRESIDING OFFICER OF THE POLITICAL PARTY HOLDING SUCH ASSEMBLY.".

Page 3, line 9, strike "FIVE" and substitute "THREE";

strike lines 16 and 17 and substitute the following:

"(3)  Certificates of designation by assembly shall be filed within ten NO LATER THAN FOUR days after the adjournment of the assembly. CERTIFICATES OF DESIGNATION MAY BE TRANSMITTED BY FACSIMILE TRANSMISSION; HOWEVER, THE ORIGINAL CERTIFICATE MUST ALSO BE FILED AND POSTMARKED NO LATER THAN TEN DAYS AFTER THE ADJOURNMENT OF THE ASSEMBLY.";

strike line 22 and substitute the following:

"(6) (a) NO LATER THAN FOUR DAYS AFTER THE ADJOURNMENT OF THE ASSEMBLY,";

line 23, strike "ELECTION,".

Page 4, line 3, after "OFFICE.", insert "SUCH A COMPILATION OF CERTIFICATES OF DESIGNATION MAY BE TRANSMITTED BY FACSIMILE TRANSMISSION; HOWEVER, THE ORIGINAL COMPILATION MUST ALSO BE FILED AND POSTMARKED NO LATER THAN TEN DAYS AFTER THE ADJOURNMENT OF THE ASSEMBLY.";

line 12, strike "FIFTY­THREE" and substitute "FIFTY­SEVEN";

line 18, strike "FIFTY­ONE" and substitute "FIFTY­SIX".


HB99-1278 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, strike lines 5 through 9.

Page 4, strike lines 9 and 10 and substitute the following:

"(3) (a)  THE DIVISION OF ADMINISTRATIVE HEARINGS SHALL IMPLEMENT A PILOT PROGRAM THAT ALLOWS EACH PARTY TO AN ADMINISTRATIVE HEARING TO STRIKE THE NAME OF AN ADMINISTRATIVE LAW JUDGE FROM A LIST OF POTENTIAL ADMINISTRATIVE LAW JUDGES THAT ARE AVAILABLE TO CONDUCT A HEARING. BEGINNING SEPTEMBER 1, 1999, BUT PRIOR TO AUGUST 31, 2000, THE DIVISION SHALL INCLUDE IN THE WRITTEN NOTICE PROVIDED TO THE PARTIES PURSUANT TO SUBSECTION (1) OF THIS SECTION A LIST OF NAMES OF POTENTIAL ADMINISTRATIVE LAW JUDGES THAT THE DIVISION HAS AVAILABLE TO CONDUCT THE HEARING. THE NOTICE SHALL ALSO INFORM THE PARTIES THAT THEY HAVE THE RIGHT TO STRIKE ONE POTENTIAL ADMINISTRATIVE LAW JUDGE ON THE LIST FROM CONSIDERATION AS AN ADMINISTRATIVE LAW JUDGE FOR THE HEARING.

(b)  WITHIN TEN DAYS OF RECEIVING THE DIVISION'S WRITTEN NOTICE SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (3), EACH PARTY TO THE";

after line 17, insert the following:

"(c)  NO LATER THAN DECEMBER 31, 2000, THE DIVISION OF ADMINISTRATIVE HEARINGS SHALL REPORT ITS FINDINGS AND RECOMMENDATIONS ON THE CONTINUATION OF THE PILOT PROGRAM ESTABLISHED PURSUANT TO THIS SUBSECTION (3) TO THE LEGISLATIVE COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.".

Page 5, line 25, strike "SIXTEEN" and substitute "EIGHTEEN".

Page 6, strike lines 11 through 14 and substitute the following:

"(e)  TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES;

(f)  TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT OF THE SENATE AND ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND";

after line 14, insert the following:

"(g)  TWO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE TO REPRESENT BUSINESSES THAT PROVIDE WORKERS' COMPENSATION INSURANCE AND THE OTHER TO REPRESENT BUSINESSES THAT ARE SELF-INSURED FOR WORKERS' COMPENSATION CLAIMS.".

Page 7, strike lines 21 through 23 and substitute the following:

"OF REPRESENTATIVES WITH THREE MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES. THREE OF SUCH MEMBERS SHALL BE FROM THE SENATE WITH TWO MEMBERS APPOINTED BY THE PRESIDENT OF THE SENATE AND ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE. THE SPEAKER, THE PRESIDENT, AND THE RESPECTIVE MINORITY LEADERS SHALL".

Page 8, after line 18, insert the following:

"SECTION 5. Appropriation.  (1)  In addition to any other appropriation, there is hereby appropriated, to the department of personnel, for the fiscal year beginning July 1, 1999, the sum of thirty-two thousand nine hundred twenty-six dollars ($32,926) and 1.0 FTE, or so much thereof as may be necessary, for the implementation of this act.

(2)  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 eighteen thousand three hundred forty-four dollars ($18,344) and 0.4 FTE, or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

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


HB99-1310 be referred to the Committee of the Whole with favorable recommendation.



EDUCATION

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

HB99-1262 be postponed indefinitely.



HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

HB99-1223 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 4, line 3, after "DEPARTMENT", insert "OR THE EXECUTIVE DIRECTOR'S DESIGNEE".

Page 6, line 24, strike "THE PAYMENT OF THE", and substitute "BUT MAY ELECT TO PAY FOR THE".

Page 8, line 12, after "DIRECTOR", insert "OR THE EXECUTIVE DIRECTOR'S DESIGNEE".

Page 10, line 6, strike "(10)" and substitute "(11)".

Page 11, line 20, after "DIRECTOR", insert "OR THE EXECUTIVE DIRECTOR'S DESIGNEE".

Page 14, after line 2, insert the following:

"(12)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE THE STATE DEPARTMENT OR THE DIRECTOR OF ANY FACILITY OPERATED BY THE STATE DEPARTMENT FROM ADOPTING A POLICY REGARDING SELF­REPORTING OF ARRESTS, CHARGES, OR SUMMONSES OR A POLICY REGARDING DISQUALIFICATION FROM EMPLOYMENT THAT INCLUDES OTHER OFFENSES NOT SET FORTH IN PARAGRAPH (b) OR (c) OF SUBSECTION (7) OF THIS SECTION.".


HB99-1227 be referred to the Committee of the Whole with favorable recommendation.



LOCAL GOVERNMENT

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

SB99-015 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 1, line 5, after "TRAIL," insert "A PUBLIC GOLF COURSE,".


SB99-024 be referred to the Committee of the Whole with favorable recommendation.

SJR99-006 be referred out for final action.



TRANSPORTATION AND ENERGY

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

HB99-1238 be referred to the Committee on Appropriations with favorable recommendation.

HB99-1239 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 lines 6 through 8 and substitute the following:

"(2.5)  "CONVERTER" MEANS A PERSON WHO OPERATES OR USES A MOTOR VEHICLE IN AN UNAUTHORIZED MANNER THAT SUCH PERSON KNOWS OR SHOULD HAVE KNOWN WAS BEYOND THE SCOPE OF THE PERMISSION GIVEN BY A NAMED INSURED OR A RESIDENT RELATIVE.".

HB99-1287 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 1, strike "PROJECTS," and substitute "PROJECTS PURSUANT TO SECTION 43­1­208 OR 43­1­225,";

line 2, after "LESSEES", insert "AND LICENSEES";

line 15, strike "COSTS." and substitute "COSTS OF LESSEES AND LICENSEES OF THE UTILITY FACILITY AS AUTHORIZED BY SUBSECTION (1) OF THIS SECTION.";

strike lines 16 through 24.

Page 3, strike lines 1 through 3 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 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.".

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PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB99-1315, 1316, and 1317.

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1005 and 1080.

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DELIVERY OF BILL TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bill has have been delivered to the Office of the Governor: HB99-1106 at 2:15 p.m. on February 17, 1999.

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MESSAGE FROM THE SENATE

Mr. Speaker:

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

SB99-174, amended as printed in Senate Journal, February 12, page 254, and on Third Reading as printed in Senate Journal, February 17.

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MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB99-174.

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INTRODUCTION OF BILL

First Reading

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

HB99-1318 by Representatives Hoppe, George, Alexander, Berry, Johnson, Kaufman, Kester, McKay, Miller, Smith, Spradley, Webster, Young; also Senators Wattenberg, Dennis, Dyer--Concerning the addition of the commissioner of agriculture to the Colorado water conservation board as a nonvoting ex officio member.

Committee on Agriculture, Livestock, & Natural Resources

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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, 1250, 1214, 1307) was laid over until February 19, retaining place on Calendar.

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House in recess. House reconvened.

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COMMUNICATION

STATE OF COLORADO

Department of

State

UNITED STATES OF AMERICA ) SS. Certificate

STATE OF COLORADO )

I, VICTORIA BUCKLEY, Secretary of State of the State of Colorado, do hereby certify that the attached is a true and exact copy of the letter from the Honorable Bryan S. Sullivant, to Secretary of State Victoria Buckley, received February 18, 1999, in which he resigns his position as State Representative, House District 62, effective at noon, February 18, 1999, upon accepting the appointment as State Senator, Senate District 13.

IN TESTIMONY WHEREOF, I have unto set my hand and affixed the Great Seal of the State of Colorado, at the City of Denver this 18th day of February, 1999.

(Signed)

Victoria Buckley

Secretary of State

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LETTER OF RESIGNATION

February 18, 1999

Secretary of State Vikki Buckley

Civic Center Plaza

1560 Broadway, #200

Denver, CO 80202

The Honorable Vikki Buckley:

It is with mixed emotions that I am sending you this letter of resignation.

I have been fortunate to have served House District 62 for the past six years. It has been both a pleasure and a privilege.

Last night I was extremely honored to be elected by the Vacancy Committee for Senate District 13 to fill the seat left by the untimely death of Senator Grampsas. It is with deep respect for that seat and that district that I accept the nomination and the challenge.

Senate District 13 is large and diverse. I am grateful for the opportunity to serve this district and I look forward to representing everyone living and working there to the very best of my ability.

Please make my resignation effective immediately.

Sincerely,

(signed)

Bryan S. Sullivant

Assistant House Majority Leader

Representative for House District 62

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: SJR99-011.

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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: HB99-1005 and 1080 at 2:50 p.m. on February 18, 1999.

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MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB99-1053, 1054, and 1055.

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

SB99-004, amended as printed in Senate Journal, February 17, page 296;

SB99-009, amended as printed in Senate Journal, February 17, pages 297-298;

SB99-012, amended as printed in Senate Journal, February 17, page 298;

SB99-050, amended as printed in Senate Journal, February 17, page 298;

SB99-074, amended as printed in Senate Journal, February 17, page 298;

SB99-168, amended as printed in Senate Journal, February 17, page 295;

SB99-170, amended as printed in Senate Journal, February 17, pages 294-295;

SB99-172, amended as printed in Senate Journal, February 17, page 296.

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MESSAGE FROM THE REVISOR

We herewith transmit without comment, HB99-1053, 1054, and 1055; and, without comment, as amended, SB99-004, 009, 012, 050, 074, 168, 170, and 172.

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INTRODUCTION OF BILL

First Reading

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

SB99-174 by Senators Grampsas, Teck, Dyer, Musgrave, Powers, Feeley, Thiebaut; also Representatives Allen, McPherson, May--Concerning limitations on the disclosure of information by the department of revenue.

Committee on State, Veterans, & Military Affairs

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On motion of Representative Dean, the House adjourned until 9:00 a.m., February 19, 1999.

Approved:


RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk