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

Sixty-fifth Legislative Day Thursday, March 11, 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 Hagedorn, Tochtrop--2.

The Speaker declared a quorum present.

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On motion of Representative McKay, the reading of the journal of March 11, 1999, was dispensed with and approved as corrected by the Chief Clerk.

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REPORTS OF COMMITTEES OF REFERENCE

FINANCE

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

SB99-034 be referred to the Committee on Appropriations with favorable recommendation.



LOCAL GOVERNMENT

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

SB99­011 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 18, after the period, add the following: "IN NO EVENT SHALL THE BOARD IMPOSE OR INCREASE ANY FEE OR CHARGE AGAINST OTHER PROPERTY IN THE DISTRICT FOR THE PURPOSE OF OFFSETTING A COST TO THE DISTRICT ASSOCIATED WITH AFFORDABLE HOUSING.";

Strike lines 19 through 21, and substitute the following:

"SECTION 2. Effective date. This act shall take effect at 12:01 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.".

SB99-030 be referred to the Committee on Finance with favorable recommendation.

STATE, VETERANS AND MILITARY AFFAIRS

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

HB99-1326 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, line 18, after "unless", insert "ON THE BASIS OF CLEAR AND CONVINCING EVIDENCE";

line 21, after "project.", insert the following:

"IN MAKING ITS DETERMINATION, THE AUTHORITY SHALL CONSIDER, WITHOUT LIMITATION, IN ADDITION TO THE FACTORS SET FORTH IN SECTION 31­25­103 (2), SUCH FACTORS AS RECENT USAGE AND ECONOMIC ACTIVITY AFFECTING PROPERTY IN THE AREA UNDER CONSIDERATION AS MAY BE DOCUMENTED BY THE OWNER OF SUCH PROPERTY.".

Page 4, after line 25, insert the following:

"(c)  WRITTEN NOTICE OF THE PUBLIC HEARING PRESCRIBED BY SUBSECTION (3) OF THIS SECTION HAS BEEN PROVIDED TO ALL AFFECTED PROPERTY OWNERS, RESIDENTS, AND BUSINESS OWNERS AT LEAST THIRTY DAYS PRIOR TO SUCH HEARING. SUCH NOTICE SHALL CONTAIN THE SAME INFORMATION AS THAT REQUIRED FOR THE NOTICE DESCRIBED IN SUBSECTION (3) OF THIS SECTION.".

Reletter succeeding paragraphs accordingly.

Page 5, line 6, strike "THIRTY-SIX" and substitute "TWENTY-FOUR";

after line 16, insert the following:

"SECTION 4.  31­25­115, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

31­25­115.  Transfer ­ abolishment ­ duty of notification ­ penalty. (3)  THE MUNICIPALITY IN WHICH THE URBAN RENEWAL AUTHORITY HAS BEEN ESTABLISHED PURSUANT TO THE PROVISIONS OF THIS PART 1 SHALL TIMELY NOTIFY THE ASSESSOR OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED THAT ANY OUTSTANDING INDEBTEDNESS INCURRED BY SUCH AUTHORITY HAS BEEN PAID OFF OR THAT THE PURPOSES OF SUCH AUTHORITY HAVE OTHERWISE BEEN ACHIEVED. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL SUBJECT SUCH MUNICIPALITY TO A CIVIL PENALTY EQUIVALENT TO THE INTEREST THAT ACCRUES ON THE BALANCE OF THE PROCEEDS COLLECTED BY SUCH MUNICIPALITY FROM TAX INCREMENT FINANCING PURSUANT TO THE PROVISIONS OF THIS PART 1 AFTER THE DATE ON WHICH THE MUNICIPALITY ASSUMES THE DUTY OF NOTIFICATION PURSUANT TO THE PROVISIONS OF THIS SUBSECTION. SUCH RATE OF INTEREST IS TO BE THE BLENDED ANNUAL APPLICABLE FEDERAL RATE OF INTEREST AS SET BY THE INTERNAL REVENUE SERVICE. ANY INTEREST PENALTY COLLECTED PURSUANT TO THE PROVISIONS OF THIS SUBSECTION SHALL BE DISTRIBUTED TO THE GOVERNMENTAL ENTITIES ON A PRO RATA BASIS BASED UPON THE MILL LEVY.".

Renumber succeeding sections accordingly.

SB99-004 be referred to the Committee of the Whole with favorable recommendation.

SB99-174 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, after line 5, insert the following:

"SECTION 2.  24­72­204 (3.5), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

24­72­204.  Allowance or denial of inspection ­ grounds ­ procedure ­ appeal. (3.5) (g)  PRIOR TO THE RELEASE OF ANY INFORMATION REQUIRED TO BE KEPT CONFIDENTIAL PURSUANT TO THIS SUBSECTION (3.5), THE CUSTODIAN SHALL REQUIRE THE PERSON REQUESTING THE INFORMATION TO PRODUCE A VALID COLORADO DRIVER'S LICENSE OR IDENTIFICATION CARD AND WRITTEN AUTHORIZATION FROM ANY ENTITY AUTHORIZED TO RECEIVE INFORMATION UNDER THIS SUBSECTION (3.5). THE CUSTODIAN SHALL KEEP A RECORD OF THE REQUESTING PERSON'S NAME, ADDRESS, AND DATE OF BIRTH AND SHALL MAKE SUCH INFORMATION AVAILABLE TO THE INDIVIDUAL REQUESTING CONFIDENTIALITY UNDER THIS SUBSECTION (3.5) OR ANY PERSON AUTHORIZED BY SUCH INDIVIDUAL.".

Renumber succeeding sections accordingly.

Page 4, strike lines 3 through 6.

Reletter succeeding paragraph accordingly.

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PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed: HB99-1333.

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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: HB99-1047, 1065, 1073, 1091, 1100, 1122, 1130, 1156 at 3:15 p.m. on March 10, 1999.

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MESSAGES FROM THE SENATE

Mr. Speaker:

In response to the request of the House for a Conference Committee on

HB99-1113, the President appointed Senators Arnold, Chm., Anderson. and Perlmutter as members of the First Conference Committee on the part of the Senate.

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In response to the request of the House for a Conference Committee on

HB99-1209, the President appointed Senators Anderson, Chm., Teck, and Matsunaka as members of the First Conference Committee on the part of the Senate. The Senate granted permission to members of the First Conference Committee on HB99-1209 to consider matters not at issue between the two houses.

The Senate granted permission to members of the First Conference Committee on H B99-1113 to consider matters not at issue between the two houses.

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THIRD READING OF BILLS--FINAL PASSAGE

The following bills were considered on Third Reading. The titles were publicly read. Reading of the bill at length was dispensed with by unanimous consent.

SB99-017 by Senator Wham; also Representative Kaufman--Concerning continuation of the statutory authority for commissions that review judicial performance.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon YBerry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop E

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Grossman, Saliman, Spence, Stengel, Veiga, T.Williams.

SB99-018 by Senator Wham; also Representative George--Concerning a reduction in mandatory funding for art in juvenile correctional facilities.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop E

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Coleman, Decker, Kaufman, Kester, Lawrence, Lee, May, McElhany, Paschall, Pfiffner, Scott, Spence, Stengel, Taylor, Veiga, Witwer, Young.

SB99-027 by Senator Hillman; also Representative Larson--Concerning a change in the date on which precinct caucuses are held.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 62 NO 1 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith N

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop E

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Kester, Miller, Taylor.

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CONSIDERATION OF RESOLUTIONS

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.

(Printed and placed in member's files; also printed in House Journal, March 4, page 677.)

On motion of Representative Alexnader, the resolution was read at length and adopted by viva voce vote.

Co-sponsors added: Roll call of the House.

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

Laid over until May 6. Resolution deemed lost.

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MESSAGE FROM THE GOVERNOR

I certify I received the following on the 11th day of March, 1999, at 9:28 a.m. The original is on file in the records of the House of Representatives of the General Assembly.

Judith Rodrigue,

Chief Clerk of the House

March 10, 1999

To the Honorable

Colorado House of Representatives

Sixty-second General Assembly

First Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

H.B. 99-1057 Concerning the Modification of the Length of Time for Which Title Insurance documents Must Be Retained

Approved March 10, 1999 at 3:54 p.m.

H.B. 99-1077 Concerning the Creation of a Statewide System for Tracking Employment Claims Against the State for the Purpose of Risk Management, and in connection therewith, Establishing a Pilot Program for the Purpose of Developing Such a System.

Approved March 10, 1999 at 3:55 p.m.

H.B. 99-1089 Concerning the Definition of Cash Assistance for Purposes of the Colorado Works Program.

Approved March 10, 1999 at 3:57 p.m.

H.B. 99-1094 Concerning Aggravated Juvenile Offenders

Approved March 10, 1999 at 3:59 p.m.

Sincerely,

(signed)

Bill Owens

Governor

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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 12, retaining place on Calendar:

Consideration of General Orders--HCR99-1001, HB99-1194, 1206, 1316, 1003, 1015, 1016, 1207, SB99-044, 039, 046, HB99-1125, 1246, SB99-109, 019, 022, HB99-1317, 1314, SB99-168, 112, 122, 136, HB99-1001, 1011, 1019, 1126, 1311, 1312, SB99-155, 025, 028, 072, 063, 129, HB99-1009, 1271, 1110, SB99-052, 200, 014, 140.

Consideration of Senate Amendments--HB99-1017, 1048, 1026, 1114, 1160, 1191, 1215, 1072, 1075, 1134, 1143, 1147, 1269.

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

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk