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

Sixth Legislative Day Monday, January 11, 1999

Prayer by the Reverend Doctor Cynthia Cearley, Montview Presbyterian Church, Denver.

The Speaker called the House to order at 10:00 a.m.

The roll was called with the following result:

Present--65.

The Speaker declared a quorum present.

_______________

On motion of Representative Coleman, the reading of the journal of January 8, 1999, was dispensed with and approved as corrected by the Chief Clerk.

______________

PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB99-1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, and 1117.

______________

INTRODUCTION OF BILLS

First Reading

The following bills were read by title and referred to the committees indicated:

HB99-1111 by Representatives Alexander, Johnson, Miller, Smith, Spradley, and Taylor; also Senator Chlouber--Concerning the captive wildlife and alternative livestock board, and, in connection therewith, extending the termination date of the board and modifying the cervidae disease revolving fund administered pursuant to recommendations of the board.

Committee on Agriculture, Livestock, & Natural Resources

HB99-1112 by Representative Keller--Concerning a guaranteed period of eligibility for medical assistance.

Committee on Health, Environment, Welfare, & Institutions

HB99-1113 by Representatives Dean, King--Concerning an increase in the funding for charter schools.

Committee on Education

HB99-1114 by Representatives Spradley, May; also Senator Dennis--Concerning an increase in the maximum amount that a railroad corporation may be required to pay for railroad crossings.

Committee on Business Affairs & Labor

HB99-1115 by Representative Kaufman--Concerning domestic violence, and making an appropriation in connection therewith.

Committee on Judiciary

Committee on Appropriations

HB99-1116 by Representatives Keller, Alexander, Paschall; also Senators Arnold, Linkhart, Wham--Concerning the provision of services to children whose mental illness places them at risk of out-of-home placement.

Committee on Health, Environment, Welfare, & Institutions

HB99-1117 by Representatives McKay, Sullivant, Witwer--Con-cerning the "Pest Control Act".

Committee on Agriculture, Livestock, & Natural Resources

______________

CONSIDERATION OF RESOLUTION

HR99-1005 by Representative Dean--Concerning changes to the House Rules.

(Printed in House Journal, January 8, page 60.)

On motion of Representative Dean, the resolution was adopted by viva voce vote.

_______________

House in recess. House reconvened.

______________

INTRODUCTION OF BILLS

First Reading

The following bills were read by title and referred to the committees indicated:

HB99-1118 by Representative Johnson--Concerning implementation of a public health program to address hepatitis C.

Committee on Health, Environment, Welfare, & Institutions

HB99-1119 by Representative Stengel; also Senator Andrews--Concerning limitation of actions against persons providing care to foster children.

Committee on Judiciary

HB99-1120 by Representative Plant--Concerning state tax incentives that encourage environmental protection.

Committee on Agriculture, Livestock, & Natural Resources

HB99-1121 by Representative McKay--Concerning a prohibition against the selection of any felon as a new employee for a position that constitutes a peace officer, level Ia.

Committee on State, Veterans, & Military Affairs

HB99-1122 by Representative Webster; also Senator Chlouber--Concerning the imposition of limitations on the authority of governing bodies of municipalities to regulate agricultural businesses.

Committee on Local Government

HB99-1123 by Representatives Webster, Johnson, Kaufman, Young; also Senator Chlouber--Concerning the consent of the board of directors of a water conservancy district before annexed land is included within the boundaries of that water conservancy district.

Committee on Agriculture, Livestock, & Natural Resources

HB99-1124 by Representative Swenson--Concerning an expansion of the state use tax exemption to include donations of inventoried goods by the owner of such goods, and, in connection therewith, expanding the exemption from the state sales tax to include sales and purchases of inventoried goods that are subsequently donated.

Committee on Finance

HB99-1125 by Representative Swenson--Concerning an adjustment in the computation of the amount of foreign source income to be apportioned to Colorado for state corporate income tax purposes to allow a percentage used in such computation to reflect the effective federal corporate income tax rate for that corporation.

Committee on Finance

HB99-1126 by Representatives Kaufman, Alexander, Coleman, George, Gotlieb, Mace, Miller, Morrison, Plant, Tate; also Senators Blickensderfer, Feeley, Chlouber, Dyer, Phillips, Reeves, Wham--Concerning the promotion of cultural activities, and, in connection therewith, establishing the Colorado cultural trust fund to support cultural facilities and programs and establishing a credit against the state income tax for contributions to the Colorado cultural trust fund.

Committee on Finance

HB99-1127 by Representative Gotlieb; also Senator Powers--Concerning authorization for the acceptance by governmental entities of additional forms of payment.

Committee on Local Government

HB99-1128 by Representative Johnson--Concerning subordinate officers of county sheriffs.

Committee on Local Government

HB99-1129 by Representatives McElhany, May--Concerning the findings of independent medical examiners in workers' compensation claims.

Committee on Business Affairs & Labor

HB99-1130 by Representative Veiga; also Senator Matsunaka--Concerning the annual gross income level required to qualify for a basic personal injury protection auto insurance policy.

Committee on Business Affairs & Labor

HB99-1131 by Representatives Hefley, Sinclair, Kester, Webster--Concerning a state income tax credit for the expenses of an employer incurred in providing English language training for the employer's employees.

Committee on Finance

HB99-1132 by Representatives Young, Webster--Concerning the regulation of Colorado commercial feed.

Committee on Agriculture, Livestock, & Natural Resources

HB99-1133 by Representative McElhany; also Senator Owen--Concerning rate filing requirements for insurers providing coverage to exempt commercial policyholders.

Committee on Business Affairs & Labor

HB99-1134 by Representative Hagedorn; also Senator Wattenberg--Concerning the funding of underground conversion of overhead public utilities.

Committee on Local Government

HB99-1135 by Representative Clapp--Concerning a requirement that school districts reduce administrative costs when instructional personnel costs are reduced.

Committee on Education

HB99-1136 by Representative Tupa--Concerning problems associated with the year 2000 date change.

Committee on Judiciary

HB99-1137 by Representative Taylor--Concerning an exclusion of certain income from Colorado taxable income, and, in connection therewith, excluding certain interest income, dividend income, and net capital gains from the income tax imposed on individuals, estates, and trusts.

Committee on Finance

HB99-1138 by Representative Leyba; also Senator Thiebaut--Concerning a prohibition on the ability of a taxpayer that engages in an unfair labor practice to claim a tax benefit pursuant to the "Urban and Rural Enterprise Zone Act".

Committee on Finance

HB99-1139 by Representative Grossman--Concerning an exclusion of certain earned income from Colorado taxable income, and, in connection therewith, excluding certain wage and business income from the Colorado income tax imposed on individuals, estates, and trusts when state revenues for the previous fiscal year exceeded the constitutional limitation on fiscal year spending and are required to be refunded.

Committee on Finance

HB99-1140 by Representative Hagedorn; also Senator Chlouber--Concerning the refunding of state sales and use tax paid in connection with film production in Colorado.

Committee on Finance

HB99-1141 by Representative T. Williams; also Senator Owen--Concerning the elimination of the requirement that appointments of insurance producers by insurance companies be filed with the commissioner of insurance, and, in connection therewith, requiring insurers to maintain a current list of authorized agents and to make such list available to the commissioner for investigation and enforcement purposes.

Committee on Business Affairs & Labor

HB99-1142 by Representative Windels--Concerning a change in the election of members of the state board of education from partisan to nonpartisan.

Committee on State, Veterans, & Military Affairs

HB99-1143 by Representative Lawrence--Concerning the regulation of health care coverage.

Committee on Health, Environment, Welfare, & Institutions

HB99-1144 by Representative Bacon; also Senator Feeley--Concerning the conduct of presidential primary elections by mail ballot.

Committee on State, Veterans, & Military Affairs

HB99-1145 by Representatives Taylor, Kester; also Senators Anderson, Congrove--Concerning the authority of local governments to regulate plumbing programs for their jurisdictions, and, in connection therewith, granting local governments the authority to approve alternate products, materials, applications, or methods of construction.

Committee on Business Affairs & Labor

HB99-1146 by Representative Keller; also Senator Wham--Concerning implementation of the federal "Adoption and Safe Families Act of 1997".

Committee on Judiciary

HB99-1147 by Representative Mitchell--Concerning vacancies on the state board of education.

Committee on State, Veterans, & Military Affairs

HB99-1148 by Representatives Tool, Witwer--Concerning the nomination of political party candidates for elected office.

Committee on State, Veterans, & Military Affairs

HB99-1149 by Representative Windels; also Senator Wattenberg--Concerning the reduction of the minimum dimensions of a department of transportation survey plat that may be filed with a county clerk and recorder.

Committee on Local Government

HB99-1150 by Representative Coleman; also Senator Hernandez--Concerning elections for members of the board of education of school district 1.

Committee on Education

HB99-1151 by Representative Sinclair; also Senator Lamborn--Concerning an increase in the amount of retirement income received by persons sixty-five years of age or older that may be subtracted from federal taxable income for purposes of calculating state income tax.

Committee on Finance

HB99-1152 by Representative Takis; also Senator Nichol--Concerning clarification of affiliation requirements for electors.

Committee on State, Veterans, & Military Affairs

HB99-1153 by Representative Tate; also Senator Phillips--Concerning augmentation of Colorado employment discrimination laws.

Committee on Business Affairs & Labor

HB99-1154 by Representative Young; also Senator Dennis--Concerning a credit against Colorado income tax for the total amount of the state estate tax levied upon the share of the gross estate that is attributable to agricultural assets.

Committee on Finance

HB99-1155 by Representatives Spradley, Alexander, George, Hefley, Johnson, Larson, Lawrence, Lee, May, Sullivant, Swenson, Witwer, Young; also Senator Owen--Concerning the creation of an income tax credit for taxpayers who donate real property interests for conservation purposes.

Committee on Agriculture, Livestock, & Natural Resources

HB99-1156 by Representatives Lee, Paschall, Hagedorn; also Senator Andrews--Concerning a restorative justice program in the juvenile justice system.

Committee on Judiciary

HB99-1157 by Representatives Ament, May; also Senator Owen--Concerning the reestablishment of an exclusive schedule for permanent partial disability under the workers' compensation law, and, in connection therewith, increasing the amount of benefits received under the schedule and limiting benefits for mental stress.

Committee on Business Affairs & Labor

HB99-1158 by Representatives Morrison, May, McElhany, Swenson, S. Williams; also Senators Reeves, Evans, Teck--Concerning the operation of motor vehicles by persons under eighteen years of age, and, in connection therewith, establishing certain driving restrictions for persons with minor driver's licenses.

Committee on Transportation & Energy

HB99-1159 by Representatives Berry, Kester, Mace, Webster; also Senators Tebedo, Chlouber, Phillips, Teck--Concerning improvement districts of local general purpose governments.

Committee on Local Government

HB99-1160 by Representative Fairbank--Concerning the canvass of elections.

Committee on State, Veterans, & Military Affairs

HB99-1161 by Representatives McElhany, May--Concerning collection of voluntary special dues for United States olympic license plates.

Committee on Transportation & Energy

HB99-1162 by Representative Lawrence; also Senator Arnold--Concerning procedural changes for the strengthening of the criminal laws.

Committee on Judiciary

HB99-1163 by Representatives Kaufman, Grossman; also Senators Perlmutter, Nichol, Wattenberg, Wham--Concerning implementation of recommendations of the committee on legal services in connection with legislative review of rules and regulations of state agencies.

Committee on Legal Services

HB99-1164 by Representative Dean; also Senator Lacy--Concerning the creation of incentives to prevent receipt by inmates of illegal payments under public programs.

Committee on State, Veterans, & Military Affairs

HB99-1165 by Representative Kaufman--Concerning the unlawful use of tax-exempt fuel.

Committee on Transportation & Energy

HB99-1166 by Representative Tochtrop--Concerning personal needs funding for medicaid residents in nursing care facilities.

Committee on Health, Environment, Welfare, & Institutions

HB99-1167 by Representatives Clapp, Lee--Concerning employment of teachers.

Committee on Education

HB99-1168 by Representative Kaufman; also Senator Wham--Concerning substantive changes for the strengthening of the criminal laws.

Committee on Judiciary

HB99-1169 by Representative Decker; also Senator Epps--Concerning authority of local governments to limit carrying of concealed weapons by any person who holds a concealed weapons permit.

Committee on State, Veterans, & Military Affairs

HB99-1170 by Representative Tapia--Concerning the Colorado preschool program, and, in connection therewith, increasing the number of children who may be served through full-day kindergarten programs.

Committee on Education

HB99-1171 by Representative Decker--Concerning election of school district directors.

Committee on Education

HB99-1172 by Representative Tool--Concerning criminal cases in which the defendant raises his or her mental state as a defense.

Committee on Judiciary

HB99-1173 by Representative Veiga; also Senator Perlmutter--Con-cerning educational requirements for certain youthful offenders.

Committee on Judiciary

HB99-1174 by Representatives Morrison, Tool--Concerning preven-tion programs funded through state agencies.

Committee on Judiciary

HB99-1175 by Representative Kaufman--Concerning the Colorado probate code, and, in connection therewith, authorizing guardians and conservators to petition the court for dissolution of marriage or legal separation on behalf of an incapacitated person or a protected person, establishing a presumption of tenancy in common for disposition of tangible personal property, and clarifying the requirements for private arrangements among successors.

Committee on Judiciary

HB99-1176 by Representatives Spence, Allen; also Senator Chlouber--Concerning the authorization to delegate power over personnel matters in state-supported institutions of higher education.

Committee on Education

HB99-1177 by Representative Zimmerman--Concerning a limitation on the aggregate amount of government tax incentives granted for the purpose of encouraging land development.

Committee on Local Government

HB99-1178 by Representatives Lee, May, Clapp, Fairbank, Hefley, Kester, King, McElhany, McKay, McPherson, Mitchell, Nunez, Paschall, Sinclair, Spradley, Tool, Webster; also Senators Musgrave, Teck, Evans, Hillman--Concerning the requirement for front license plates on motor vehicles.

Committee on Transportation & Energy

HB99-1179 by Representative Kester; also Senator Dennis--Concerning the procurement of products that evidence the registration of a motor vehicle.

Committee on Transportation & Energy

HB99-1180 by Representative Chavez--Concerning prohibition of open alcoholic containers in motor vehicles.

Committee on Transportation & Energy

HB99-1181 by Representative Plant--Concerning emissions control requirements for government-owned motor vehicles.

Committee on Transportation & Energy

HB99-1182 by Representative King; also Senator Lamborn--Concerning revenue from annual motor vehicle registrations.

Committee on Transportation & Energy

HB99-1183 by Representative Witwer--Concerning legislative review of executive branch agency rules based upon reasonableness.

Committee on Judiciary

HB99-1184 by Representative Witwer--Concerning confidentiality of medical information.

Committee on Health, Environment, Welfare, & Institutions

HB99-1185 by Representative Sullivant--Concerning comprehensive planning by local governments to manage urban growth, and making an appropriation therefor.

Committee on Local Government

Committee on Appropriations

HB99-1186 by Representatives S. Williams, Alexander, Bacon, Clarke, Gagliardi, Keller, Mace, Swenson, Windels--Concerning establishment of a voluntary credentialing system for child care professionals.

Committee on Health, Environment, Welfare, & Institutions

HB99-1187 by Representatives Johnson, Bacon, Decker, Gotlieb, McKay, Spence, Takis, Tochtrop, T. Williams, Witwer, Young; also Senators Dennis, Anderson, Perlmutter, Phillips--Concerning the regulation of games of chance, and, in connection therewith, creating a charitable gaming commission in the department of state, continuing licensing powers conferred upon the secretary of state by the Colorado constitution, redesignating the secretary of state as the administrative and enforcement authority for bingo and other games of chance, and making an appropriation.

Committee on Business Affairs & Labor

Committee on Appropriations

HB99-1188 by Representative Coleman; also Senator Linkhart--Concerning procedures related to adoption.

Committee on Judiciary

HB99-1189 by Representatives May, Alexander, Allen, Berry, Clapp, Dean, Decker, Fairbank, Hefley, Johnson, Kaufman, Kester, King, Larson, Lee, McElhany, McKay, McPherson, Mitchell, Morrison, Nunez, Paschall, Pfiffner, Sinclair, Smith, Spence, Stengel, Swenson, Webster, T. Williams, Witwer, Young; also Senators Andrews, Arnold, Congrove, Epps, Hillman, Tebedo--Concerning a prohibition on the expenditure of public moneys for the purpose of collecting political funds.

Committee on State, Veterans, & Military Affairs

HB99-1190 by Representative T. Williams; also Senator Blickens-derfer--Concerning the limitation of liability for civil actions relating to financial service providers arising from date-related problems.

Committee on Judiciary

HB99-1191 by Representatives Smith, Chavez, Grossman--Concerning the inspection of public records.

Committee on Local Government

HB99-1192 by Representatives Stengel, Fairbank, Kester, Lee, McElhany, Mitchell, Spence--Concerning regulatory impairment of property rights.

Committee on Local Government

HB99-1193 by Representative Saliman--Concerning the authority for public hearings before the air quality control commission for a construction permit application for a modification to an existing stationary source that has been designated by the commission as warranting public comment upon request of a local government entity having land use jurisdiction over the stationary source.

Committee on Health, Environment, Welfare, & Institutions

HB99-1194 by Representatives Pfiffner, Paschall, Alexander, Allen, Dean, McElhany, McPherson, Sullivant, T. Williams, Young; also Senators Blickensderfer, Chlouber, Congrove, Hillman, Lacy, Lamborn, Musgrave, Powers,Tebedo--Concerning the state personnel system.

Committee on State, Veterans, & Military Affairs

HB99-1195 by Representatives Pfiffner, May, Paschall, Allen, Dean, McElhany, McPherson, Sullivant, T. Williams, Young; also Senators Owen, Dennis, Powers, Congrove, Hillman, Lamborn, Musgrave, Tebedo--Concerning governmental efficiency.

Committee on State, Veterans, & Military Affairs

HB99-1196 by Representatives Tate, Grossman, Plant; also Senators Perlmutter, Rupert-Concerning reduction in corrections expenditures.

Committee on Judiciary

HB99-1197 by Representative Grossman; also Senator Epps--Concerning the conduct of health coverage plans when making decisions regarding health care services of covered persons, and, in connection therewith, extending the scope of required review procedures for such decisions and establishing a civil right of action against health coverage carriers that act negligently with respect to such decisions.

Committee on Health, Environment, Welfare, & Institutions

HB99-1198 by Representative Sinclair; also Senator Tebedo--Concerning the strengthening of the supervisory powers of the division of financial services in the department of regulatory agencies.

Committee on Business Affairs & Labor

HB99-1199 by Representatives Paschall, Hefley, Lee, Dean, Fairbank, Mitchell; also Senators Lamborn, Andrews, Arnold, Congrove, Hillman, Musgrave, Owen--Concerning the authorization of covenant marriages.

Committee on Judiciary

HB99-1200 by Representatives S. Williams, Keller, Bacon, Swenson, Takis, Windels; also Senator Arnold--Concerning student achievement on statewide assessments.

Committee on Education

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and returns herewith: HJR99-1003 .

The Senate has adopted and transmits herewith: SJR99-007, amended as printed in Senate Journal, January 11.

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., January 12, 1999.

Approved:


RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk