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
Twenty-second
Legislative Day Wednesday, January 27, 1999
Prayer by Judith Rodrigue, Chief Clerk.
The Speaker called the House to order at 9:00
a.m.
The roll was called with the following result:
Present--65.
The Speaker declared a quorum present.
_______________
On motion of Representative Fairbank, the reading of the journal of January 26, 1999, was dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEES OF REFERENCE
EDUCATION
After consideration on the merits, the Committee
recommends the following:
HB99-1037 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 5, strike "FOR
COMMISSION OF AN OFFENSE";
line 6, strike "AGAINST AN IDENTIFIABLE VICTIM";
line 19, after "(b)", add "THE PROVISIONS
OF THIS SUBSECTION (4) SHALL NOT APPLY TO ANY OFFENSE THAT DOES
NOT HAVE AN IDENTIFIABLE VICTIM OR AN OFFENSE THAT CONSTITUTES
A CRIME AGAINST PROPERTY.".
HB99-1046 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 5, strike "TO
IMPLEMENT" and substitute "INCLUDING";
line 17, strike "rates, IMPLEMENT A" and
substitute "rates AND ADDRESS";
line 18, strike "PREVENTION PLAN," and
substitute "PREVENTION,";
strike lines 22 through 26.
Page 3, strike lines 1 through 10.
Renumber succeeding sections accordingly.
HB99-1135 be postponed
indefinitely.
HB99-1170 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 2, line 14, strike "10,850"
and substitute "9,850".
Page 3, line 1, strike "11,850" and substitute
"10,350";
line 3, strike "200103" and substitute
"200203";
after line 13, insert the following:
"SECTION 2. 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 education, public school finance, total
program, for the fiscal year beginning July 1, 1999, the sum of
two million four hundred thirty-six thousand dollars ($2,436,000),
or so much thereof as may be necessary, for the implementation
of this act.".
Renumber succeeding section accordingly.
Page 1, line 104, strike "PROGRAMS." and
substitute "PROGRAMS, AND MAKING AN APPROPRIATION THEREFOR.".
HB99-1171 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:
HB99-1032 be referred
to the Committee of the Whole with favorable recommendation.
HB99-1081 be postponed
indefinitely.
HB99-1121 be referred to the Committee on Judiciary with favorable recommendation.
______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB99-1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, and 1244.
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB99-1245 by Representative Leyba; also Senator Tanner--Concerning the extension of civil rights to persons discriminated against on the basis of sexual orientation.
Committee on Judiciary
HB99-1246 by Representatives Tate, Saliman; also Senator Owen--Concerning a state income tax credit for long-term care insurance.
Committee on Finance
HB99-1247 by Representative Sinclair; also Senator Epps--Concerning the repeal of the prohibition on home rule local governments to impose a use tax on taxable tangible personal property that is used within a home rule local government more than three years after the most recent sale of such property if, within the three years following such sale, such property has been significantly used within the state for the principal purpose for which it was purchased.
Committee on Local Government
HB99-1248 by Representative Tool--Concerning the creation of the Colorado election commission.
Committee on State, Veterans, & Military Affairs
HB99-1249 by Representatives Spradley, George, May, Alexander, Johnson, Miller, Paschall, Pfiffner, Smith, Sullivant, Zimmerman, Clapp, Dean, Hoppe, Kester, King, Mitchell, Witwer; also Senators Wattenberg, Chlouber, Dennis, Perlmutter, Tebedo, Dyer--Concerning the severance tax upon mined materials.
Committee on Agriculture, Livestock, & Natural
Resources
SB99-018 by Senator Wham; also Representative George--Concerning a reduction in mandatory funding for art in juvenile correctional facilities.
Committee on Judiciary
SB99-035 by Senators Powers, Linkhart, Reeves; also Representatives Taylor, Pfiffner--Concerning the inspection of certain manufactured units.
Committee on Business Affairs & Labor
SB99-043 by Senator Chlouber; also Representative Miller--Concerning the award of costs in actions for nuisance against agricultural operations.
Committee on Agriculture, Livestock, & Natural
Resources
SB99-068 by Senator Hernandez; also Representative Lee--Concerning authority of a school district to impose sanctions on students for failure to return textbooks.
Committee on Education
SB99-071 by Senator Chlouber; also Representative McElhany--Concerning billing practices in connection with long-distance telephone service.
Committee on Business Affairs & Labor
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, Consideration of General Orders (HB99-1123, 1132, 1114, 1010, 1108, 1071, 1075, 1067, 1134, 1082, 1147, 1152, 1024, 1031, 1179) was laid over until January 29, retaining place on Calendar.
_______________
House in recess. House reconvened.
_______________
REPORT OF COMMITTEE OF REFERENCE
APPROPRIATIONS
After consideration on the merits, the Committee
recommends the following:
HB99-1209 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 1, line 7, strike "$95"
and substitute "$91";
after line 8, insert the following:
"SECTION 2. 2254104 (5) (b) (I.3), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSUBPARAGRAPH to read:
2254104. District total
program. (5) (b) (I.3) (C) NOTWITHSTANDING
ANY PROVISION OF SUBSUBPARAGRAPH (A) OF THIS SUBPARAGRAPH
(I.3) TO THE CONTRARY, FOR THE 19992000 BUDGET YEAR AND
BUDGET YEARS THEREAFTER, NO DISTRICT SHALL HAVE A SIZE FACTOR
OF LESS THAN 1.0136.".
Renumber succeeding sections accordingly.
Page 2, after line 11, insert the following:
"SECTION 4. Appropriations.
(1) 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 education, for
public school finance, public school transportation, for the fiscal
year beginning July 1, 1999, the sum of eight hundred sixtysix
thousand nine hundred thirtythree dollars ($866,933), 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 department of education,
for public school finance, English language proficiency, for the
fiscal year beginning July 1, 1999, the sum of sixtytwo
thousand four hundred thirtyeight dollars ($62,438), or
so much thereof as may be necessary, for the implementation of
this act.
(3) 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 education,
for public school finance, special education children with
disabilities, for the fiscal year beginning July 1, 1999, the
sum of one million six hundred sixtyfive thousand eight
hundred fiftynine dollars ($1,665,859), or so much thereof
as may be necessary, for the implementation of this act.
(4) 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 education,
for public school finance, special education gifted and
talented children, for the fiscal year beginning July 1, 1999,
the sum of one hundred thirtytwo thousand dollars ($132,000),
or so much thereof as may be necessary, for the implementation
of this act.
(5) 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 education,
for public school finance, small attendance centers, for the fiscal
year beginning July 1, 1999, the sum of eight hundred nineteen
thousand two hundred dollars ($819,200), or so much thereof as
may be necessary, for the implementation of this act.".
Renumber succeeding section accordingly.
Page 1, line 101, strike "SCHOOLS." and substitute "SCHOOLS, AND MAKING APPROPRIATIONS IN CONNECTION THEREWITH.".
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB99-1250 by Representatives Johnson, Bacon, Chavez, Clarke, Coleman, George, Gotlieb, Grossman, Kaufman, Keller, Kester, King, Lawrence, Leyba, Mace, Miller, Ragsdale, Sinclair, Smith, Spradley, Sullivant, Swenson, Takis, Tapia, Taylor, Tochtrop, Tool, Vigil, Williams S., Zimmerman; also Senators Epps, Dyer, Evans, Feeley, Hernandez, Nichol, Perlmutter, Phillips, Reeves, Rupert, Tebedo, Thiebaut, Weddig, Wham--Concerning require-ments for the prompt payment of health insurance claims.
Committee on Health, Environment, Welfare, &
Institutions
HB99-1251 by Representative Williams S.; also Senator Arnold--Concerning establishment of a voluntary credentialing system for child care professionals.
Committee on Health, Environment, Welfare, &
Institutions
HB99-1252 by Representatives Hefley, Alexander, Decker, King, May, McPherson, Sullivant; also Senators Tebedo, Arnold--Concerning the establishment of the Colorado youth challenge corps program.
Committee on Education
HB99-1253 by Representative Mitchell; also Senator Lamborn--Concerning statements made by juveniles during custodial interrogations.
Committee on Judiciary
HB99-1254 by Representative Swenson--Concerning the collection of criminal restitution.
Committee on Judiciary
HB991255 by Representatives Stengel, Pfiffner, May, Dean, Lee, McElhany, Mitchell, Nunez, PaschallConcerning eligibility for the Colorado old age pension.
Committee on Health, Environment, Welfare, &
Institutions
HB99-1256 by Representative Swenson--Concerning the enforcement of traffic offenses by counties.
Committee on Transportation & Energy
HB99-1257 by Representative Lawrence; also Senator Anderson--Concerning programs to assist teachers in learning to teach standards-based education.
Committee on Education
HB99-1258 by Representative Zimmerman--Concerning the protection of local government employees from retaliation by local government employers for disclosing certain negative information about such employers.
Committee on Local Government
HB991259 by Representative KaufmanConcerning presumptions related to certificates of limited partnership.
Committee on Business Affairs & Labor
HB99-1260 by Representative Tool; also Senator Anderson--Concerning strengthening of the criminal laws concerning sex offenders.
Committee on Judiciary
HB99-1261 by Representative Tate--Concerning measures to correct underutilization of protected classes in the state personnel system.
Committee on Judiciary
HB99-1262 by Representatives Coleman, Keller; also Senator Pascoe--Concerning creation of the educating work force 2000 program.
Committee on Education
HB99-1263 by Representatives May, Paschall, Stengel, Alexander, Allen, Berry, Clapp, Dean, Decker, Fairbank, Gotlieb, Hefley, Johnson, Kaufman, Kester, King, Larson, Lee, McElhany, McKay, McPherson, Mitchell, Morrison, Nunez, Pfiffner, Sinclair, Smith, Spence, Sullivant, Swenson, Tool, Webster, Williams T., Witwer, Young, Hoppe; also Senators Owen, Andrews, Arnold, Congrove, Epps, Hillman, Tebedo, Blickensderfer, Evans, Grampsas, Lamborn, Musgrave, Teck--Concerning the prohibition of discrimination against employees based upon labor union participation.
Committee on State, Veterans, & Military Affairs
HB99-1264 by Representative McPherson--Concerning the creation of a Colorado earned income tax credit.
Committee on Finance
HB99-1265 by Representatives Sinclair, Tapia; also Senators Dyer, Dennis, Thiebaut--Concerning the authority of boards of county commissioners to impose restrictions on graffiti implements that may be used by juveniles.
Committee on Local Government
HB99-1266 by Representatives McElhany, George, Larson, Spence; also Senator Lacy-Concerning exemptions from the state sales and use tax.
Committee on Finance
HB99-1267 by Representatives Smith, George, Alexander, Berry, Larson, Miller; also Senator Teck--Concerning the uranium mill tailings remedial action program.
Committee on Agriculture, Livestock, & Natural
Resources
HB99-1268 by Representative Decker--Concerning special district elections.
Committee on Local Government
HB99-1269 by Representatives King, Berry, Fairbank, Hefley, Lee, McKay, McPherson, Mitchell, Paschall, Pfiffner, Spradley, Stengel, Webster, Williams T.; also Senator Owen--Concerning the reduction of workers' compensation benefits in cases where a claimant makes a materially deceptive statement as part of the job application process concerning the physical ability of the claimant to perform the requirements of the job.
Committee on Business Affairs & Labor
HB99-1270 by Representatives Spradley, Kester, Hefley, Hoppe, May, McElhany, Tapia, Webster; also Senators Musgrave, Phillips, Wattenberg--Concerning sellers of manufactured homes, and, in connection therewith, imposing registration, escrow and bonding, and contract requirements upon such sellers.
Committee on Business Affairs & Labor
HB99-1271 by Representative Sullivant; also Senator Evans--Concerning financial incentives for clean fuel vehicles, and, in connection therewith, creating a state sales and use tax exemption for specified motor vehicles, power sources for motor vehicles, and parts used for converting the power sources of motor vehicles that are certified to meet specified emission standards and removing the prohibition against a person covered by the clean fuel fleet program from receiving incentives from the state for purchasing a clean fuel vehicle.
Committee on Finance
HB99-1272 by Representatives Gotlieb, Allen, Dean, Johnson, King, McPherson; also Senator Anderson--Concerning the repeal of the transportation legislation review committee.
Committee on Transportation & Energy
HB99-1273 by Representative Witwer; also Senator Epps--Concerning the applicability of the "Colorado Medical Practice Act" to determinations of appropriateness of medical care under health care coverage policies.
Committee on Health, Environment, Welfare, &
Institutions
HB99-1274 by Representatives King, Fairbank, Hefley, Lee, McKay; also Senator Andrews--Concerning charter schools.
Committee on Education
HB99-1275 by Representative Fairbank--Concerning the changes to the operating requirements of health maintenance organizations, and, in connection therewith, changing indemnity benefits, solvency requirements, and reporting requirements of health maintenance organizations.
Committee on Health, Environment, Welfare, &
Institutions
HB99-1276 by Representative T.Williams; also Senator Anderson--Concerning the commissioning of a blue ribbon study of the fiscal policies of state and local governments in Colorado.
Committee on Finance
HB99-1277 by Representative Grossman--Concerning mandatory disclosure requirements for forfeiture provisions in agreements affecting persons in facilities providing residential care.
Committee on Judiciary
HB99-1278 by Representative Williams T.; also Senator Lamborn--Concerning administrative hearings in workers' compensation cases conducted by administrative law judges.
Committee on Business Affairs & Labor
_______________
House in recess. House reconvened.
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB99-1279 by Representatives Hagedorn, Tool, Kaufman; also Senator Dennis--Concerning penalties for alcohol-related traffic offenses.
Committee on Judiciary
HB99-1280 by Representative McPherson; also Senator Lamborn--Concerning the protection of property development rights established in property included in approved site specific development plans.
Committee on Business Affairs & Labor
HB99-1281 by Representatives McKay, King, Witwer--Concerning incentives for experienced licensed family child care home providers.
Committee on Health, Environment, Welfare, &
Institutions
HB99-1282 by Representatives McKay, May, Paschall--Concerning boards of county commissioners' authority to provide certain financial information to the public, and, in connection therewith, requiring the boards of county commissioners to provide notice of the availability of such information and post such information on the internet.
Committee on Local Government
HB99-1283 by Representatives Spence, Coleman, Witwer, Decker, Kester, King, Lawrence, Stengel, Swenson, Tapia, Vigil, Webster; also Senator Blickensderfer--Concerning limited immunity for the use of automated external defibrillators in emergency situations.
Committee on Judiciary
HB99-1284 by Representative Spence--Concerning the elimination of the requirement that the state engineer be compensated for services rendered in connection with the settlement of a boundary dispute between two counties.
Committee on Local Government
HB99-1285 by Representatives Lee, Clapp, Stengel, Allen, Dean, Fairbank, Hefley, King, Larson, Lawrence, May, McElhany, McKay, Mitchell, Nunez, Paschall, Pfiffner, Spradley, Webster; also Senator Andrews--Concerning school elections, and, in connection therewith, the election of school directors.
Committee on State, Veterans, & Military Affairs
HB99-1286 by Representative Gordon--Concerning the establishment of a process to allow a board of county commissioners to make recommendations to the water quality control commission concerning ground water quality within such county at the request of a county resident.
Committee on Agriculture, Livestock, & Natural
Resources
HB99-1287 by Representative Young--Concerning payment of relocation costs of utility facilities by the department of transportation to utility facility users for federal-aid highway projects when federal reimbursement is available.
Committee on Transportation & Energy
HB99-1288 by Representative Dean--Concerning the creation of a college savings program.
Committee on Education
HB99-1289 by Representatives Berry, Smith; also Senators Andrews, Teck--Concerning a study of higher education.
Committee on Education
HB99-1290 by Representatives Kaufman, McElhany--Concerning the limitation of civil actions involving breaches of fiduciary duty.
Committee on Judiciary
HB991291 by Representative YoungConcerning the establishment of a credit against the Colorado income tax for health care professionals practicing in health care professional shortage areas.
Committee on Finance
HB99-1292 by Representative Swenson; also Senator Teck--Concerning the refund of state revenues in excess of the constitutional limitation on state fiscal year spending for four consecutive fiscal years, beginning with fiscal year 1998-99, through the temporary reduction of school districts' property tax rate levied for the operation of public schools.
Committee on Finance
Committee on Appropriations
HB99-1293 by Representative McElhany--Concerning the creation of a system to allow bulk electronic transfer of public records maintained by the department of revenue, and making an appropriation in connection therewith.
Committee on Transportation & Energy
Committee on Appropriations
HB99-1294 by Representative Ragsdale--Concerning the establishment of a procedure to include additional areas within certain special district boundaries.
Committee on Local Government
HB99-1295 by Representatives Williams T., May--Concerning the liability of businesses for civil actions arising from electronic computing device failures associated with the year 2000 date change.
Committee on Business Affairs & Labor
_______________
On motion of Representative Dean, the House adjourned
until 9:00 a.m., January 28, 1999.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk