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

Fifty-eighth Legislative Day Thursday, March 4, 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--63.

Absent and excused--Representatives Mitchell, Tate--2.

The Speaker declared a quorum present.

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On motion of Representative Lee, the reading of the journal of March 3, 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:

SB99-035 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend reengrossed bill, page 5, line 17, strike "the division" and substitute "the division AND AFFIXED BY THE DIVISION OR";

line 20, strike "the division" and substitute "the division AND AFFIXED BY THE DIVISION OR".


SB99-085 be referred to the Committee of the Whole with favorable recommendation.

SB99-109 be referred to the Committee of the Whole with favorable recommendation.

SB99­113 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 4, strike lines 11 through 13 and substitute the following:

"SECTION 3. Effective date. This act shall take effect12:01 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.".



HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

SB99-019 be referred to the Committee of the Whole with favorable recommendation.

SB99-022 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 4, strike "are amended, and the said 10­16­107 (5) is" and substitute "are amended";

strike line 5, and substitute the following:

"to".

Page 2, line 3, after "PLAN." insert "THE OBSTETRICIAN, GYNECOLOGIST, CERTIFIED FAMILY PLANNING CLINIC, OR AN ADVANCED PRACTICE NURSE WHO IS A CERTIFIED NURSE MIDWIFE PURSUANT TO SECTION 12­38­111.5, C.R.S., SELECTED BY A WOMAN COVERED UNDER THE PLAN SHALL TRANSMIT TO THE PRIMARY CARE PROVIDER OF THE COVERED WOMAN A WRITTEN REPORT OF THE TREATMENT AFTER EACH VISIT, UNLESS THE WOMAN REQUESTS THE WRITTEN REPORT OF TREATMENT NOT BE TRANSMITTED TO HER PRIMARY CARE PROVIDER.";

strike lines 21 through 26.

Page 3, strike lines 1 through 7.


JUDICIARY

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

HB99-1314 be referred to the Committee of the Whole with favorable recommendation.

HB99-1317 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 19 through 21 and substitute the following:

"GENERAL OF ANY CRIMES SO INVESTIGATED SHALL BE:

(I)  REPORTED TO THE APPLICABLE LOCAL LAW ENFORCEMENT AGENCY; OR

(II)  WITH THE CONSENT OF THE DISTRICT ATTORNEY, REPORTED DIRECTLY TO THE DISTRICT ATTORNEY, ATTORNEY GENERAL, OR UNITED STATES ATTORNEY HAVING JURISDICTION OVER THE ISSUE; OR

(III)  IN THE CASE OF A CITY AND COUNTY, REPORTED IMMEDIATELY TO THE LOCAL LAW ENFORCEMENT AGENCY AND SUCH AGENCY MAY COMPLETE THE INVESTIGATION AND REPORT THE FINDINGS TO THE DISTRICT ATTORNEY HAVING JURISDICTION OVER THE CITY AND COUNTY.".

Page 3, line 22, strike "INSPECTORS" and substitute "INVESTIGATORS";

line 23, strike "(b)" and substitute "(c)";

after line 23, insert the following:

"(b)  EACH INVESTIGATOR SHALL NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY WHEN THE INVESTIGATOR IS OPERATING OR INTENDS TO OPERATE ANYWHERE WITHIN THE LOCAL LAW ENFORCEMENT AGENCY'S JURISDICTION AND SHALL COOPERATE WITH SUCH AGENCY DURING THE CONDUCT OF THE INVESTIGATION.".

Reletter succeeding paragraphs accordingly.

Page 4, strike lines 9 through 11 and substitute the following:

"AS SUCH CRIMINAL ACTS ARE DIRECTLY RELATED TO THE SECURITY AND SAFE OPERATION OF THE DEPARTMENT AND ITS CORRECTIONAL FACILITIES, INCLUDING BUT NOT LIMITED TO SUCH ACTS AS ASSISTED ESCAPES FROM".

Page 5, strike lines 1 through 4.

Page 7, strike lines 16 through 24 and substitute the following:

"SECTION 5.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

SB99-017 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 1, after line 5, insert the following:

"SECTION 2. 13­5.5­107, Colorado Revised Statutes, is amended to read:

13­5.5­107.  Acceptance of private or federal grants ­ general appropriations. The state commission is authorized to accept any grants of federal or private funds made available for any purpose consistent with the provisions of this article. Any funds received pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the state commission on judicial performance cash fund, which is hereby created. Moneys in the fund may be expended by the state commission, subject to annual appropriation by the general assembly, for the purposes of this article. IN ADDITION, THE GENERAL ASSEMBLY MAY MAKE ANNUAL APPROPRIATIONS FROM THE GENERAL FUND FOR THE PURPOSES OF THIS ARTICLE.".

Renumber succeeding section accordingly.


SB99-018 be referred to the Committee of the Whole with favorable recommendation.

SB99-168 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 15, strike "job;" and substitute "job. FOR PURPOSES OF THIS PARAGRAPH (a), "HARASS" MEANS TO CREATE A HOSTILE WORK ENVIRONMENT BASED UPON AN INDIVIDUAL'S RACE, NATIONAL ORIGIN, SEX, DISABILITY, AGE, OR RELIGION. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH (a), HARASSMENT IS NOT AN ILLEGAL ACT UNLESS A COMPLAINT IS FILED WITH THE APPROPRIATE AUTHORITY AT THE COMPLAINANT'S WORKPLACE AND SUCH AUTHORITY FAILS TO INITIATE A REASONABLE INVESTIGATION OF A COMPLAINT AND TAKE PROMPT REMEDIAL ACTION IF APPROPRIATE.".



LOCAL GOVERNMENT

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

HB99-1258 be postponed indefinitely.


STATE, VETERANS AND MILITARY AFFAIRS

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

SB99-027 be referred to the Committee of the Whole with favorable recommendation.

SJR99-010 be referred out for final action.

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HJR99-1004, 1005, 1011; HR99-1010.

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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: HJR99-1004, 1005 at 2:40 p.m., on March 3, 1999.

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MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB99­1083.

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

SB99-073, amended as printed in Senate Journal, March 1, page 385, and on Third Reading as printed in Senate Journal, March 3;

HB99-1048, amended as printed in Senate Journal, March 1, pages 382­383, and March 2, page 395.

On Reconsideration, the Senate has passed on Third Reading and transmitted to the Revisor of Statutes:

SB99-088, amended as printed in Senate Journal, March 2, page 396.

The Senate has adopted and transmits herewith: SJR99-014.

The Senate has postponed indefinitely and returns herewith: HB99­1149.

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MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB99-073, 088, and HB99-1048.

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INTRODUCTION OF BILLS

First Reading

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

HB99-1330 by Representative Mitchell; also Senator Pascoe--Concerning the recommendations of the legislative council relating to approval of air quality control commission revisions to the air quality state implementation plan.

Committee on Health, Environment, Welfare, & Institutions

SB99-011 by Senator Matsunaka; also Representative Kaufman--Concerning the authority of a special district to waive charges against property within the district for the purpose of facilitating affordable housing.

Committee on Local Government

SB99-030 by Senator Matsunaka; also Representative Kaufman--Concerning the exemption of voter-approved marketing and promotion taxes levied by a local marketing district from the statutory seven percent sales or use tax limit.

Committee on Local Government

Committee on Finance

Committee on Appropriations

SB99-073 by Senator Arnold; also Representative Kester--Concerning the authority of local governments to issue revenue bonds to finance educational facilities, and, in connection therewith, authorizing counties and municipalities to issue revenue bonds to finance public and private institutions of higher education as well as public charter elementary and secondary schools.

Committee on Education

Committee on Finance

Committee on Appropriations

SB99-088 by Senators Andrews, Musgrave, Tebedo, Teck; also Representative Young--Concerning high occupancy vehicle lanes.

Committee on Transportation & Energy

Committee on Appropriations

SB99-201 by Senators Lacy, Owen, Tanner; also Representatives Berry, Tool, Saliman-Concerning the operations of the Colorado state fair authority, and, in connection therewith, permanently exempting the authority from the requirements of the "Procurement Code" and clarifying the circumstances in which the board of commissioners of the authority may accept contributions from nonstate sources.

Committee on Agriculture, Livestock, & Natural Resources

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INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title and laid over one day under the rules:

HJR99-1013 by Representatives Alexander, Hefley, Witwer, Chavez, Clarke, Fairbank, Johnson, Keller, Lawrence, Leyba, Mitchell, Morrison, Tochtrop, Allen, Gordon, Larson; also Senator Reeves--Concerning Colorado nonprofit day.

WHEREAS, Nonprofit organizations help build and sustain healthy communities in our state and enhance the quality of life for Coloradans and for others throughout the country and the world; and

WHEREAS, The thousands of nonprofit organizations based in Colorado contribute significantly to a viable economy by providing Coloradans with jobs, goods, and services; and

WHEREAS, More than half of our state's adult population volunteer time and services for nonprofit organizations; and

WHEREAS, The nonprofit sector acts as a responsible steward of charitable dollars to achieve a diverse range of missions and goals; and

WHEREAS, The nonprofit sector is a responsible partner with private enterprise and government in working to alleviate the most pressing social issues of our time; and

WHEREAS, Nonprofit organizations often fulfill their missions by advocating on behalf of those who cannot advocate for themselves; and

WHEREAS, The nonprofit sector throughout Colorado has a proud history of service, innovation, and social change, and the accomplishments of the sector deserve acknowledgment, affirmation, and celebration; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­second General Assembly of the State of Colorado, the Senate concurring herein:

That we, the members of the Colorado general assembly, proclaim March 11, 1999, Colorado nonprofit day.

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SJR99-014 by Senators Dennis, Hillman, Reeves; also Representative Alexander--Concerning osteoporosis prevention, treatment, and public education.

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LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until March 5, retaining place on Calendar:

Consideration of General Orders--HB99-1316, 1318, SB99-111, 041, HB99-1003, 1015, 1016, 1141, 1207, SB99-044, 066, 135, 037, 039, 139, 010, 046.

Consideration of Resolution--HJR99-1007.

Consideration of Senate Amendments--HB99-1017, 1061, 1073, 1100, 1123, 1156, 1047, 1091, 1122.

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On motion of Representative Dean, the House adjourned until 9:00 a.m., March 5, 1999.

Approved:


RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk