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.
_______________
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.
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.".
______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB99-1315, 1316, and 1317.
_____________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB99-1005 and 1080.
_______________
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.
_______________
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.
_______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended, SB99-174.
______________
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
______________
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.
_______________
House in recess. House reconvened.
______________
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
_______________
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
_____________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: SJR99-011.
_______________
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.
_______________
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.
_______________
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.
______________
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
_______________
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