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.
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.
_______________
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.
_________
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