0/7/100
3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
Third Legislative Day Friday, January 7, 2000
Prayer by Father Ed Judy, Samaritan House, Denver.
The Speaker called the House to order at 9:00 a.m.
The roll was called with the following result:
Present--64.
Absent and excused--Representative Dean--1.
The Speaker declared a quorum present._______________
On motion of Representative Hoppe, the reading of the journal of January 6, 2000, was dispensed with and approved as corrected by the Chief Clerk.______________
PRINTING REPORT
The Chief Clerk reports the following bills been correctly printed: HB00-1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128. ______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred to the committees indicated:
HB00-1142 by Representative Witwer--Concerning the requirement for commercial vehicles that are equipped with engine compression brake devices to have mufflers for such devices.
Committee on Transportation & Energy
HB00-1143 by Representative Zimmerman--Concerning impact fees for public improvements.
Committee on Local Government
HB00-1144 by Representative Sinclair--Concerning the selection of the lieutenant governor, and, in connection therewith, requiring a major political party's candidate for governor to nominate the major party's candidate for lieutenant governor after the primary election.
Committee on State, Veterans, & Military Affairs
HB00-1145 by Representative Spradley; also Senator Owen--Concerning business personal property tax, and, in connection therewith, modifying the credit against state taxes for a portion of business personal property tax paid and the administration of the credit and exempting from taxation as an item held for consumption any item of personal property that is held by a business and that was acquired by the business at a cost of no more than five hundred dollars.
Committee on Finance
Committee on Appropriations
HB00-1146 by Representatives Tochtrop, Coleman, Leyba, Mace--Concerning the expansion of personal needs benefits for medicaid recipients, and making an appropriation therefor.
Committee on Health, Environment, Welfare, and Institutions
Committee on Appropriations
HB00-1147 By Representatives Young, McKay, and Mitchell--Concerning a prohibition on new common-law marriages in the state.
Committee on Judiciary
HB00-1148 By Representatives Paschall, Lawrence, Spence, Gordon, Hagedorn, Lee, Nuņez, Pfiffner, Scott, Sinclair, Stengel, Swenson, Tochtrop, Windels; also Senators Congrove, Andrews, Hillman, and Musgrave--Concerning the creation of a system for numbering county election precincts.
Committee on State, Veterans, & Military Affairs
HB00-1149 by Representative Veiga; also Senator Arnold--Concerning an increase in the maximum income limit for eligibility for the basic personal injury protection no fault auto insurance program.
Committee on Business Affairs & Labor
HB00-1150 by Representative Leyba--Concerning creation of specific parole provisions for special needs offenders.
Committee on Judiciary
HB00-1151 by Representative Gotlieb; also Senator Evans--Concerning the issuance of professional educator licenses to persons holding educator licenses issued by other states.
Committee on Education
HB00-1152 by Representatives Saliman, Berry, Tool; also Senators Owen, Lacy, Tanner--Concerning the expedited permanency planning program for children.
Committee on Judiciary
HB00-1153 by Representative Swenson; also Senator Arnold--Concerning the denial of certain privileges to persons who have failed to appear before a court.
Committee on Judiciary
HB00-1154 by Representative Smith--Concerning the authority of public entities to enter into securities lending agreements.
Committee on Local Government
HB00-1155 by Representatives McKay, Kester, Larson, Miller, Spradley, Taylor, Williams T.; also Senator Teck--Concerning amendments to conform the Colorado Revised Statutes to the sunset of the regulation of debt management companies by the division of banking, and, in connection therewith, deleting references to such regulatory program at the conclusion of the wind-up period under the sunset law.
Committee on Business Affairs & Labor
HB00-1156 by Representative Clarke--Concerning a prohibition on abusing mobile communication devices while driving.
Committee on Transportation & Energy______________
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title and laid over one day under the rules:
HR00-1004 by Representatives Dean, George, Spradley, Gordon--Concerning house committees of reference.
Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado:
That Rule No. 25 (j) (3) and 25 (j) (9) of the Rules of the House of Representatives are amended to read:
25. COMMITTEES
(j) (3) After a committee of reference has taken its final action on a measure, the chairman of the committee shall make a report of such action to the chief clerk of the House within three legislative days, and the chairman shall not delay or withhold making or signing such a report. For committees that meet on Wednesday or Thursday, the chairman shall have two legislative days in which the general assembly is in actual session to make such a report rather than three legislative days. However, during the last three days of a legislative session, the chairman of the committee shall make any committee of reference report as soon as possible. Final action shall consist of reporting a measure out of committee, with or without amendments, for consideration by the committee of the whole, a recommendation for reference to another committee of reference, or postponing the measure indefinitely. A motion to postpone consideration of a measure for more than 30 days or until a date beyond the date for adjournment sine die of the legislative session shall be considered a motion to postpone indefinitely. In addition, a measure shall be considered postponed indefinitely when there has been a tie vote on a motion that would constitute final action and the applicable deadline for House committees of reference to report bills has passed without action by the House Committee on Delayed Bills to extend the deadline for the measure. The chairman shall make a report to the chief clerk of the House indicating that any such measure is deemed postponed indefinitely. Following the date of the applicable committee deadline, the chairman shall have three legislative days in which the general assembly is in actual session to submit such report.
(9) Roll call votes shall be taken and recorded in each committee on final action and on proposed amendments to which one or more committee members have voiced objection. The record shall include the names and numbers of those voting on motions to amend and on final action. Said record shall be available for public inspection._________
HR00-1005 by Representatives Dean, George, Spradley, Gordon--Concerning categories of house committees.
Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado:
That Rule No. 25 (k) (1) of the Rules of the House of Representatives is amended to read:
25. COMMITTEES
(k) (1) The committees of reference as listed in subsection (a) of this rule shall be placed in the following categories for the purpose of scheduling meetings:
1 Business Affairs and Labor.
Finance.
Judiciary.
State, Veterans, and Military Affairs.
2 Education.
Health, Environment, Welfare, and Institutions.
Local Government.
3 Agriculture, Livestock, and Natural Resources.
Finance.
State, Veterans, and Military Affairs.
Transportation and Energy.
4 Appropriations.
That the amendment to Rule 25 (k) (1) of the Rules of the House of Representatives as contained in this resolution shall take effect on the first day of the First Regular Session of the Sixty-third General Assembly; except that said rule shall only take effect if Rule 22 (l) (1) of the Rules of the Senate is amended to make the same changes to the categories of Senate committees of reference._________
HR00-1006 by Representatives Dean, George, Spradley, Gordon--Concerning a change to House Rule 33A relating to amendments to the general appropriation bill.
Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado:
That Rule 33A of the Rules of the House of Representatives is amended to read:
33A. GENERAL APPROPRIATION BILL
(a) No amendment to the annual general appropriation bill shall be in order on second reading unless:
(1) A request that the amendment be drafted was submitted by a member to the staff of the Joint Budget Committee at least twenty-four twelve hours prior to consideration of the bill on second reading; and
(2) The completed amendment was delivered to the member requesting the amendment, and delivered by such member to the chief clerk, at least twelve hours as a part of a packet of all amendments prepared by the staff of the Joint Budget Committee prior to consideration of the bill on second reading. The chief clerk shall provide a copy of each amendment to the House prime sponsor of the bill and to the majority and minority leaders of the House on or before the day of deliver a copy of the packet of amendments to all members prior to consideration of the bill on second reading.
(b) An amendment not meeting the requirements of subsection (a) of this Rule may be considered on second reading with the consent of a majority of all members elected. The question of such consent shall be decided without debate.
(b.5) An amendment offered on second or third reading or on consideration of the report of the committee of the whole to the annual general appropriation bill for the upcoming fiscal year or to the annual general appropriation act for the current fiscal year that increases the amount of any appropriation from a general fund, general fund exempt, cash funds, cash funds exempt, or capital construction fund, or capital construction fund exempt column shall not be in order unless the amount identifies the source or sources of the entire amount of the increase. The part of an amendment that increases the amount of any appropriation shall not be severable from the part that identifies the source or sources of the entire amount of the increase. Such sources may be specified reserves, specified reductions in the amount of other appropriations in the same column, or a specified combination of such reserves and reductions.
(b.7) An amendment offered on second or third reading to the annual general appropriation bill for the upcoming fiscal year or to the annual general appropriation act for the current fiscal year shall not be in order if the effect of the amendment would be to cause or allow a violation of:
(1) Any limit on state fiscal year spending contained in section 20 of article X of the state constitution; or
(2) Any limitation on state general fund appropriations contained in section 24-75-201.1, Colorado Revised Statutes.
(c) Repealed 1993 Session._________
HR00-1007 by Representatives Dean, George, Spradley, Gordon--Concerning reconsideration.
Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado:
That Rule No. 35 of the Rules of the House of Representatives is amended to read:
35. RECONSIDERATION
(a) After a question has been decided by the House, any member recorded as having voted on the prevailing side may, at any time before adjournment of the current legislative day, move to reconsider or may give notice of intention to move to reconsider. Notice having been given, such member may move to reconsider on the same day or before 12 o'clock noon of the next day of actual session, but after the adoption of a resolution fixing the time for adjournment sine die, any member may so move.
(b) A motion to reconsider shall require the affirmative vote of two-thirds of the members elected to be adopted, and if such motion be defeated, no further motion to reconsider shall be in order; but during the last two days of a session, such a motion shall require only a majority vote of those elected to the House, and reconsideration may be had concerning any bill acted on during the previous two days.
(c) Notice of intention to move to reconsider any bill, resolution, or memorial having been given, the chief clerk shall retain such bill, resolution, or memorial in the possession of the House until such time as a motion to reconsider shall have been made and acted upon, or until the time for making such motion shall have expired; and should such bill, resolution, or memorial have been transmitted to the Senate or to the Governor, such notice shall constitute a mandate upon the chief clerk to request its return to the House, unless said bill, resolution, or memorial has already been introduced in the Senate.
(d) Adoption of the report of the committee of the whole or any amendment thereto and readoption of vetoed bills shall not be subject to reconsideration upon this rule.
(e) After a question has been decided by a committee of reference, any member having voted on the prevailing side may move to reconsider. A motion to reconsider shall require the affirmative vote of two-thirds of the members of the committee; but during the last two days of a session, such a motion shall require only a majority of the members of the committee. Such a motion may be made at the meeting at which the decision was made by the committee or at the next meeting of the committee. However, such a motion may not be made if a committee report regarding the decision of the committee has already been signed by the chairman of the committee and delivered to the chief clerk. Notice of intention to move to reconsider a question decided by a committee shall not apply.
(f) When there has been a tie vote on a question decided by the House or by a committee of reference, for purposes of the making of a motion to reconsider, a member who voted "no" shall be deemed to have voted on the prevailing side.
That Rule No. 25 of the Rules of the House of Representatives is amended BY THE ADDITION OF A NEW SUBSECTION to read:
25. COMMITTEES
(l) Reconsideration in a committee of reference shall be governed by the provisions of Rule 35 (e) and (f).______________
INTRODUCTION OF MEMORIAL
The following memorial was read by title and laid over one day under the rules:
HM00-1001 by Representative Larson--Memorializing former representative Tommy Neal.
WHEREAS, By the Will of Divine Providence, our beloved former member, Tommy Neal, departed this life on May 27, 1999, at the age of 77; and
WHEREAS, Former Representative Tommy Neal was born in El Paso, Texas, in 1922, grew up in Birmingham, Alabama, and graduated from high school there in 1939; and
WHEREAS, Representative Neal graduated from Baylor University then received a Master's Degree in History from Northwestern University; and
WHEREAS, He served in the United States Army Air Corps in the European Theater of Operations during World War II; and
WHEREAS, After the war, he moved to Durango, Colorado, where he had a special way of connecting with his students while teaching history and civics at Durango High School and Miller Junior High School; and
WHEREAS, Representative Neal worked as a sports writer at The Durango Herald and co-owned the Silverton Standard newspaper in the early 1960's; and
WHEREAS, Representative Neal began his career as a public servant as a staff assistant to United States Representative Wayne Aspinall of Colorado; and
WHEREAS, He was appointed to the state legislature in December of 1965 to fill the unexpired term of Representative R.E. O'Brien and was elected to the House in 1966 and again in 1968; and
WHEREAS, As a member of the Colorado General Assembly, Representative Neal served on the Agriculture and Livestock, Finance, and Local Government committees and, according to former governor John Vanderhoof, was known as a "good legislator" who was ". . . always trying to work for a medium ground"; and
WHEREAS, Following his terms in the Colorado House of Representatives, Representative Neal moved to Topeka, Kansas, where he served as executive director of the commission that reorganized Kansas state government; and
WHEREAS, After his return to Denver, Representative Neal served as the Secretary of the state Democratic Party and later worked for the Education Committee of the States; and
WHEREAS, In 1974, Representative Neal pursued the Democratic nomination for lieutenant governor then continued his service to the state with two terms on the State Board of Land Commissioners; and
WHEREAS, Representative Neal spent the last 10 years of his career working for the National Conference of State Legislators, where he wrote a valuable textbook for high school students called "Lawmaking and the Legislative Process" and where, before his retirement in 1998, he was a specialist in campaign finance reform, worked on the legislative management program, and was staff support for the legal services staff section; now, therefore,
Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado:
That in the death of Tommy Neal, the State of Colorado has lost a valuable and beloved public servant, a man remembered by his colleagues with fondness and respect, and a legislator who could "get things done".
Be It Further Resolved, That we, the members of the Colorado House of Representatives, honor Tommy Neal for his years of service and many contributions to the people of the State of Colorado and do hereby extend our deep and heartfelt sympathy to the members of his family.
Be It Further Resolved, That a copy of this Memorial be sent to his wife, Beverlee Neal of Lakewood, Colorado, his daughters, Tina Lam of Ann Arbor, Michigan, and Maureen Neal of Grand Junction, Colorado, his son, Fitz Neal of Edmond, Oklahoma, his stepdaughters, Lorree True of New York, New York, and Jana Thorne of Arvada, Colorado, and his sisters, Velma Griffin and Sue McBrayer._______________
On motion of Representative Spradley, the House adjourned until 10:00 a.m., January 10, 2000.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk