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HOUSE JOURNAL
SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
First Regular Session
Sixteenth Legislative
Day Thursday, January 21, 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--64.
Vacancy--1.
The Speaker declared a quorum present.
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On motion of Representative Decker, the reading of the journal of January 20, 1999, was dispensed with and approved as corrected by the Chief Clerk.
COMMUNICATIONS FROM THE SECRETARY OF STATE
STATE OF COLORADO
Department of
State
UNITED STATES OF AMERICA ) SS. Certificate
STATE OF COLORADO )
I, VICTORIA BUCKELY, 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 Don Ament, to Secretary
of State Victoria Buckley, received January 19, 1999, in which
he resigns his position as State Representative from House District
65, effective January 15, 1999, upon accepting the appointment
as Commissioner of Agriculture for the State of Colorado.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the Great Seal of the State of Colorado, at the City
of Denver this 20th day of January, 1999.
(Signed)
Victoria Buckley
Secretary of State
_________
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 Certificate of Appointment to fill a Vacancy
as filed in this office on January 20, 1999, by the Republican
State House District 65 Vacancy Committee naming Phyllis Diane
Hoppe to said Vacancy in the first regular session of the sixty-second
General Assembly of the State of Colorado, caused by the resignation
of the Honorable Don Ament.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the Great Seal of the State of Colorado, at the City
of Denver this 20th day of January, 1999.
(Signed)
Victoria Buckley
Secretary of State
_________
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 Declaration of Acceptance of Appointment to
Fill a Vacancy in the office of State Representative District
65, by Phyllis D. Hoppe, as filed in this office on January 20,
1999.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the Great Seal of the State of Colorado, at the City
of Denver this 20th day of January, 1999.
(Signed)
Victoria Buckley
Secretary of State
_______________
REPORT OF THE COMMITTEE ON CREDENTIALS
The Committee on Credentials has made an examination
and finds that the certificate of the Republican Vacancy Committee
for the Sixty-fifth Representative District, State of Colorado,
naming Phyllis Diane Hoppe certified by the Secretary of State
of the state of Colorado, is a true, complete and authentic certificate.
Diane Hoppe is entitled to membership in this body pursuant to
law in such case made and provided.
(signed)
Doug Dean, Chairman
Bryan S. Sullivant
Ken Gordon
On motion of Representative Dean, the report from the Committee on Credentials was adopted by viva voce vote.
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Representative Dean announced that on receipt of
the papers from the Secretary of State, Representative Diane Hoppe,
PO Box 1174, Sterling, CO 80751, was sworn in as Representative
for District 65 by Justice Scott, January 20, 1999, at 2:00 p.m.
in the Chamber of the House of Representatives.
The Speaker ordered her name added to the roll call
of the House.
Present--65.
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APPOINTMENTS
The Speaker announced the appointment of Representative Hoppe to the Committees on Business Affairs and Labor and Agriculture, Livestock, and Natural Resources to replace Representative Ament.
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REPORTS OF COMMITTEES OF REFERENCE
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee
recommends the following:
HB99-1077 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 3, after line 17, insert
the following:
"SECTION 3. No
appropriation. The general assembly has determined
that this act can be implemented within existing appropriations,
and therefore no separate appropriation of state moneys is necessary
to carry out the purposes of this act".
Renumber succeeding section accordingly.
HB99-1141 be referred
to the Committee on Finance with favorable recommendation.
EDUCATION
After consideration on the merits, the Committee
recommends the following:
HB99-1044 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, line 23, strike "TITLE."
and substitute "TITLE;";
after line 23, insert the following:
"(IV) THE "EXCEPTIONAL CHILDREN'S EDUCATIONAL
ACT", ARTICLE 20 OF THIS TITLE;
(V) THE "PUBLIC SCHOOL FINANCE ACT OF 1994",
ARTICLE 54 OF THIS TITLE;
(VI) PART 3 OF ARTICLE 63 OF THIS TITLE,
CONCERNING TEACHER DISMISSAL.".
HB99-1209 be referred
to the Committee on Appropriations with favorable recommendation.
FINANCE
After consideration on the merits, the Committee
recommends the following:
HJR99-1006 be amended
as follows, and as so amended, be referred out for final action:
Amend printed joint resolution, page 2, line 13,
strike "$7,236.2" and substitute "$7,232.7".
Page 3, line 10, strike "$7,554.6" and
substitute "$7,550.9".
JUDICIARY
After consideration on the merits, the Committee
recommends the following:
HB99-1087 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 4 through
18, and substitute the following:
"(2) NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, NO PERSON SHALL POSSESS EPHEDRINE, PSEUDOEPHEDRINE,
OR PHENYLPROPANOLAMINE OR THEIR SALTS, ISOMERS, OR SALTS OF ISOMERS
WITH THE INTENT TO USE THE PRODUCT AS A PRECURSOR TO ANY CONTROLLED
SUBSTANCE.".
HB99-1156 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, line 16, strike "(2) (a)"
and substitute "(2)".
Strike pages 3 through 7.
Renumber succeeding sections accordingly.
Page 8, strike lines 1 through 20, and substitute
the following:
"SECTION 2. 19-2-303, Colorado
Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION
to read:
19-2-303. Juvenile diversion program - authorized. (7)
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY IS
AUTHORIZED TO ACCEPT AND EXPEND ON BEHALF OF THE";
strike line 26.
Page 9, strike lines 1 through 7;
strike lines 12 and 13, and substitute "RESTORATIVE
JUSTICE SERVICES".
HB99-1172 be referred
to the Committee of the Whole with favorable recommendation.
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee
recommends the following:
HB99-1189 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 3, after line 11, insert
the following:
"(6) THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT THE EXPENDITURES OF PUBLIC MONEYS BY AN AGENCY, DEPARTMENT, BOARD, DIVISION, BUREAU, COMMISSION, OR COUNCIL OF THE STATE OR OF A POLITICAL SUBDIVISION OF THE STATE TO COLLECT OR ASSIST IN THE COLLECTION OF FUNDS FOR CHARITABLE PURPOSES FOR ORGANIZATIONS EXEMPT FROM TAXATION UNDER SECTION 501(c)(3) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986".".
HB99-1195 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 18, after line 22, insert
the following:
"SECTION 3. Appropriation. In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the general fund not otherwise appropriated,
to the department of personnel, for the fiscal year beginning
July 1, 1999, the sum of fifty thousand seven hundred sixty-seven
dollars ($50,767) and 1.0 FTE, or so much thereof as may be necessary,
for the implementation of this act.".
Renumber succeeding section accordingly.
Page 1, line 101, strike "EFFICIENCY." and substitute "EFFICIENCY, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".
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LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, Consideration of General Orders (HB99-1041) was laid over until January 22, retaining place on Calendar.
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House in recess. House reconvened.
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INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB99-1213 by Representatives Spradley, May, Dean, Hefley, Larson, Lawrence, McElhany, Paschall, Sullivant, Tapia, T.Williams; also Senators Feeley, Congrove--Concerning the extension of the "Voluntary Clean-up and Redevelopment Act".
Committee on Business Affairs & Labor
HB99-1214 by Representative Lawrence; also Senator Wham--Concerning the statewide trauma care system, and, in connection therewith, authorizing the designation of regional pediatric trauma centers and protecting the confidentiality of information collected by area trauma advisory councils.
Committee on Health, Environment, Welfare, &
Institutions
HB99-1215 by Representative Larson; also Senator Dyer--Concerning the sale of alcohol beverages by common carrier public transportation system licensees.
Committee on Business Affairs & Labor
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INTRODUCTION OF CONCURRENT RESOLUTION
The following resolution was read by title and referred
to the committee indicated:
HCR99-1001 by Representatives Pfiffner, Paschall, Alexander, Allen, Clapp, Dean, Fairbank, Hefley, Johnson, Kester, King, Lee, McElhany, McKay, McPherson, Mitchell, Morrison, Nunez, Sinclair, Spence, Stengel, Sullivant, Taylor, Webster, T. Williams, Witwer, Young; also Senators Blickensderfer, Andrews, Chlouber, Congrove, Grampsas, Hillman, Lacy, Lamborn, Musgrave, Owen, Powers, Tebedo, Teck--Concerning the submission to the registered electors of the state of Colorado an amendment to articles V and XII of the constitution of the state of Colorado, requiring the general assembly to provide by law for a state personnel system governing the employment of employees in the executive branch of state government, and, in connection therewith, repealing those original provisions of the constitution establishing the state personnel system, the state personnel board, the state department of personnel, and the state personnel director, requiring the general assembly to enact laws ensuring due process for state employees, retaining the requirement that appointments and promotions within the state personnel system be made according to merit and fitness, and making conforming amendments to provisions pertaining to the veterans' preference and the state auditor's staff.
Committee on State Veterans & Military Affairs
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INTRODUCTION OF RESOLUTION
The following resolution was read by title and referred
to the committee indicated:
HJR99-1007 by Representative Clarke--Concerning the reimbursement rate for providers in the program for the medically indigent.
Committee on Health, Environment, Welfare and Institutions
WHEREAS, Safety net clinics and hospitals that participate
in the program for the medically indigent receive reimbursement
rates ($65.19 per hospital visit and $18.91 per clinic visit)
that are below cost for providing quality health care to medically
indigent recipients; and
WHEREAS, The reimbursement amount established annually
in the Long Appropriation Act is inadequate to provide quality,
continuous health care services to patients; now, therefore,
Be It Resolved by the House of Representatives
of the Sixty-second General Assembly of the State of Colorado,
the Senate concurring herein:
That the program for the medically indigent pay a
higher reimbursement rate to participating providers in the specialty
and outstate programs.
Be it Further Resolved, That the entire appropriation for services provided by safety net clinics and outstate providers participating in the program for the medically indigent should be paid to the participating clinics and outstate providers and that the joint budget committee and the department of health care policy and financing should determine a process to be followed in the event that there are unexpended funds so that funds are not returned or do not revert to the general fund at the end of a fiscal year.
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MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has adopted and transmits herewith: SJR99-009.
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INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
SB99-002 by Senator Tebedo; also Representative Sinclair--Concerning procedures for striking a signature from a petition to recall a public official upon the request of the signer.
Committee on State, Veterans, & Military Affairs
SB99-017 by Senator Wham; also Representative Kaufman--Concerning continuation of the statutory authority for commissions that review judicial performance.
Committee on Judiciary
SB99-031 by Senators Anderson, Chlouber, Lamborn, Phillips, Powers, Teck, Wattenberg; also Representatives Berry, Ament, Dean, Leyba, May, McElhany--Concerning the authority of employee leasing companies to provide employer benefit plans on behalf of employees.
Committee on Business Affairs & Labor
SB99-037 by Senators Arnold, Hernandez, Tebedo; also Representatives Gotlieb, Allen, Mace--Concerning the repeal of specific dropout programs, and, in connection therewith, repealing educational clinics for public school dropouts and the second chance program for problem students.
Committee on Education
SB99-039 by Senators Tebedo, Arnold, Hernandez; also Representatives Mace, Gotlieb--Concerning reporting of dropout rates of students in secondary schools in the state.
Committee on Education
SB99-044 by Senator Teck; also Representatives Alexander, Berry--Concerning the distribution of vinous liquors at wine festivals pursuant to a wine festival permit.
Committee on Business Affairs & Labor
SB99-046 by Senator Epps; also Representative Morrison--Concerning the restructuring of the state board of nursing, and, in connection therewith, creating panels to investigate, adjudicate, and perform licensing functions.
Committee on Health, Environment, Welfare, &
Institutions
SB99-066 by Senator Grampsas; also Representative Witwer--Concerning the continuation of the division of racing events in the department of revenue.
Committee on Business Affairs & Labor
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INTRODUCTION OF RESOLUTION
The following resolution was read by title and laid
over one day under the rules:
SJR99-009 by Senators Powers, Blickensderfer, Feeley; also Representatives George, Dean, Gordon--Concerning the deadline for passage of the school finance bill.
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On motion of Representative Kaufman, the House adjourned
until 9:00 a.m., January 22, 1999.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk