Journal for 02/24/2000

House Journal--51st Day--February 24, 2000

1/24/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Fifty-first Legislative Day Thursday, February 24, 2000

Prayer by Pastor Dan Elliott, South Fellowship, Littleton.

The Speaker Pro Tempore called the House to order at 9:00 a.m.

The roll was called with the following result:

Present--63.

Excused--Representatives George, Mitchell--2.

Present after roll call--Representative Mitchell.

The Speaker declared a quorum present.

_______________

On motion of Representative Coleman, the reading of the journal of February 23, 2000, 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:

SB00-064

be referred to the Committee of the Whole with favorable recommendation.

SB00-183

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 8, strike "

information

Page 3, line 19, strike "

and

line 20, after "

Colorado,

", insert "

Aims community college, and Colorado mountain college,

line 24, after "

with

", insert "

the university of Denver, the Colorado technical university, and

line 25, before "

nonpublic

", insert "

other

Page 4, line 17, strike "

directors

" and substitute "

trustees appointed by the governor and

line 21, strike "

and

strike line 23 and substitute the following:

system; Aims community college, and Colorado mountain college

;".

Page 5, line 5, after "(d)", insert "(I)";

line 7, strike "

information

", and after line 7, insert the following:

"(II)

The eight members appointed by the governor, pursuant to subparagraph (I) of this paragraph

(d)

shall serve terms of four years; except that, of the first eight members appointed by the governor, two shall initially serve a one-year term, two shall initially serve a two-year term, and two shall initially serve a three-year term. At the time of the appointments, the governor shall designate which members shall serve which initial terms.

(e)

The governor shall designate a member of the board of trustees to serve as the chair of the board of trustees."

;

line 8, strike "

directors

" and substitute "

trustees

line 20, strike "

directors

" and substitute "

trustees

strike lines 23 through 25 and substitute the following:

"(4)

The governor shall appoint an initial chief executive officer of the institute and an initial chancellor of the institute both of whom shall serve at the pleasure of the board of trustees.

Page 6, line 2, strike "

information

line 4, strike "

information

line 9, strike "

information

line 12, strike "

information

line 15, strike "

information

line 20, strike "

information

strike lines 22 and 23.

Reletter succeeding paragraphs accordingly.

Page 7, line 2, strike "

information

line 6, strike "

information

line 13, strike "

information

Page 1, line 104, strike "

information

TRANSPORTATION AND ENERGY

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

SB00-017

be referred to the Committee of the Whole with favorable recommendation.

SB00-018

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 9, after line 14, insert the following:

"(b)

A person whose privilege to drive has been revoked pursuant to section 42-2-126 (6)

(b)

(I) may voluntarily apply for an early reinstatement with a restricted license under the provisions of this section after the person's privilege to drive has been revoked for a period of thirty days. The restrictions on a license issued pursuant to this paragraph (

) shall be in effect for a period of ninety days.

Reletter succeeding paragraphs accordingly.

Page 10, line 6, strike "

section

." and substitute "

section; except that, a person who receives a restricted license pursuant to paragraph

(b)

of this subsection (1.5) shall maintain such proof of financial responsibility with the department for the period of time that the person's license is restricted under this section.".

Page 11, line 5, strike "(d)" and substitute "(e)".

SB00-053

be referred to the Committee of the Whole with favorable recommendation.

SB00-087

be referred to the Committee of the Whole with favorable recommendation.

______________

PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed:

HB00-1423, 1424, 1425.

______________

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:

HB00-1031, 1045, 1155

at 1:55 p.m. on February 23, 2000.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB00-1396, 1397, 1398, 1399, 1400, 1401, 1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411,1412, and 1415.

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB00-160, 176, and 191;

SB00-009, amended as printed in Senate Journal, February 22, page 375;

SB00-024, amended as printed in Senate Journal, February 22, page 374;

SB00-065, amended as printed in Senate Journal, February 22, page 375;

SB00-068, amended as printed in Senate Journal, February 22, page 378;

SB00-088, amended as printed in Senate Journal, February 22, page 376;

SB00-094, amended as printed in Senate Journal, February 22, page 375;

SB00-096, amended as printed in Senate Journal, January 28, page 172 and February 22, pages 376-377;

SB00-145, amended as printed in Senate Journal, February 22, page 376;

SB00-182, amended as printed in Senate Journal, February 22, page 378;

SB00-189, amended as printed in Senate Journal, February 22, page 378;

HB00-1402, amended as printed in Senate Journal, February 22, page 380;

HB00-1413, amended as printed in Senate Journal, February 22, page 381;

HB00-1414, amended as printed in Senate Journal, February 22 , page 382;

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB00-160, 176, and 191; and without comment, as amended, SB00-009, 024, 065, 068, 094, 096, 145, 182, 189, HB00-1402, 1413, and 1414; and with comment, as amended, SB00-088.

_______________

CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILL

HB00-1176

By Representative Dean; also Senator Sullivant--Concerning a prohibition on the authority of a local government to regulate when individuals may conduct religious meetings on private residential property.

(Amended as printed in Senate Journal, February 17, page 338.)

Representative Dean moved that the House

concur

in Senate amendments. The motion was declared

passed

by the following roll call vote:

YES 48 NO 16 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry N

Chavez N

Clapp Y

Clarke N

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman N

Hagedorn Y

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 N

Ragsdale N

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel N

Swenson Y

Takis N

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams S. Y

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker E

The question being, "Shall the bill, as amended, 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, as amended, was declared

repassed

YES 50 NO 14 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb N

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace N

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel N

Swenson Y

Takis N

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa N

Veiga Y

Vigil N

Webster Y

Williams S. Y

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker E

Co-sponsors added: Representatives Hoppe, Johnson, Kaufman, McElhany, Paschall, Smith, Witwer, Young.

_______________

REPORTS OF COMMITTEE OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

SB00-033

be referred to the Committee of the Whole with favorable recommendation.

SB00-055

be referred favorably to the Committee on Finance.

SJR00-004

be referred out for final action.

______________

INTRODUCTION OF BILLS
First Reading

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

HB00-1423

By Representatives Swenson, Dean, May, and Larson; also Senator Lamborn--Concerning the temporary withholding of certain items from persons who have outstanding warrants for their arrest.

Committee on Judiciary

HB00-1424

by Representatives Larson, Spradley, Swenson, Taylor, Williams T.; also Senator Blickensderfer--Concerning billing requirements for medical costs incurred by insureds entitled to benefits under a complying automobile insurance policy under the "Colorado Auto Accident Reparations Act".

Committee on Business Affairs & Labor

HB00-1425

by Representative Gordon--Concerning a feasibility study to be conducted for the implementation of the "Colorado Complete Care Health Insurance Program".

Committee on Health, Environment, Welfare, & Institutions

SB00-011

by Senator Lamborn; also Representative Gotlieb--Concerning documents issued by the division of motor vehicles.

Committee on Transportation & Energy

SB00-014

by Senator Epps; also Representative Hefley--Concerning the admissibility into evidence of videotaped, out-of-court statements by victims of crimes against at-risk persons.

Committee on Judiciary

SB00-015

by Senators Powers, Musgrave, Dyer; also Representatives Swenson, Gotlieb, Williams S.--Concerning electronic certificates of title for motor vehicles by county clerks.

Committee on Transportation & Energy

SB00-075

by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman-Concerning the disposition of moneys received by the attorney general.

Committee on Judiciary

SB00-078

by Senators Arnold, Andrews, Chlouber, Dennis, Evans, Hillman, Musgrave, Teck; also Representative Mitchell--Concerning the assignment of the city and county of Broomfield to a judicial district.

Committee on Judiciary

SB00-093

by Senator Nichol; also Representative Paschall--Concerning the requirement for notifying the department of revenue in a timely manner when an abandoned motor vehicle is towed.

Committee on Transportation & Energy

SB00-095

by Senators Wattenberg, Powers, Chlouber; also Representatives George, Alexander, Coleman, Johnson, McElhany, Takis--Concerning patient access to eye care providers in a health coverage plan or managed care plan when eye care services are a covered benefit of such plan.

Committee on Health, Environment, Welfare, & Institutions

SB00-120

by Senators Perlmutter, Blickensderfer, Matsunaka, Wattenberg, Wham; also Representatives Kaufman, Grossman, Miller, Morrison, Smith--Concerning implementation of recommendations of the committee on legal services in connection with legislative review of rules and regulations of state agencies.

Committee on Legal Services

SB00-138

by Senator Sullivant; also Representative Dean--Concerning the requirement of an insurer with a managed care arrangement under motor vehicle insurance to have an internal appeal process, and, in connection therewith, notifying the covered person of the right to appeal the internal decision to the personal injury protection examination panel.

Committee on Health, Environment, Welfare, & Institutions

SB00-171

by Senators Tanner, Dennis, Hernandez, Lacy, Martinez, Musgrave, Nichol, Reeves, Rupert, Thiebaut; also Representatives Berry, Clarke--Concerning certain abandoned children.

Committee on Judiciary

SB00-187

by Senators Lacy, Congrove, Owen, Tanner; also Representatives Tool, Berry, Dean, Saliman--Concerning the repeal of the authority of the state treasurer to issue state pension obligation notes for purposes of paying in one lump sum the state's share of the unfunded liability of certain state-assisted firefighters' and police officers' old hire pension plans.

Committee on Local Government

______________

INTRODUCTION OF RESOLUTION

The following resolution was read by title and referred to the committee indicated:

SJR00-005

by Senators Arnold, Anderson, Blickensderfer, Dennis, Epps, Evans, Hillman, Lacy, Musgrave, Owen, Powers, Tebedo, Wham; also Representative McElhany--Concerning congressional consideration of legislation to eliminate the federal marriage tax penalty.

Committee on State, Veterans, & Military Affairs

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until February 25, retaining place on Calendar:

Consideration of General Orders--

HB00-1285, SB00-073, 051

Consideration of Resolution--

HJR00-1008

Consideration of Senate Amendments--

HB00-1141

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., February 25, 2000.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk

LC: