0/14/100
3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
Tenth Legislative Day Friday, January 14, 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.
Excused for legislative business--Representative Alexander--1.
The Speaker declared a quorum present._______________
On motion of Representative Scott, the reading of the journal of January 13, 2000, was dispensed with and approved as corrected by the Chief Clerk._______________
REPORTS OF COMMITTEE OF REFERENCE
JUDICIARY
After consideration on the merits, the Committee recommends the following:
HB00-1028 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 13 through 26, and substitute the following:
"(c) (I) If the deceased is an unmarried minor without descendants or an unmarried adult without descendants, by the father or mother who may join in the suit. Except as provided in subparagraphs (II) and (III) of this paragraph (c), the father and mother and each shall have an equal interest in the judgment, or if either of them is dead, then by the surviving parent shall have an undivided interest in the judgment.
(II) For cases in which the father and mother are divorced, separated, or living apart, a motion may be filed by either the father or the mother prior to trial requesting the court to apportion fairly any judgment awarded in the case. Where such a motion is filed, the court shall conduct a post-judgment hearing at which the father and the mother shall have the opportunity to be heard and to produce evidence regarding each parent's relationship with the deceased child.
(III) On conclusion of the post-judgment hearing conducted pursuant to subparagraph (II) of this paragraph (c), the court shall fairly determine the percentage of the judgment to be awarded to each parent. In making such a determination, the court shall consider each parent's relationship with the deceased, including custody, control, support, parental responsibility, and any other factors the court deems pertinent. The court's determination of the percentage of the judgment awarded to each parent shall not be disturbed absent an abuse of discretion.".
Page 3, strike lines 1 through 6.
HB00-1106 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 4, strike lines 8 through 10, and substitute the following:
"(B) With respect to a Party State, the chief administrator of the State's criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository.";
strike lines 25 and 26, and substitute the following:
"history record repository" means the state agency designated by the Governor or other appropriate executive official or the legislature of a State to perform centralized record-keeping functions for criminal history records and services in the State.".
Page 22, line 15, after "title.", add "For purposes of said compact, the compact officer for the state of Colorado shall be the director of the bureau or a designee of the director.".
HB00-1113 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 1, line 6, strike “section” and substitute “sections”.
HB00-1115 be postponed indefinitely.
______________
PRINTING REPORT
The Chief Clerk reports the following bill has been correctly printed: HB00-1249._______________
On motion of Representative Dean, HB00-1045, 1122, 1073, 1005, 1006, 1017, 1018, 1022 shall be made Special Orders on Friday, January 14, 2000, at 9:15 a.m._______________
The hour of 9:15 a.m., having arrived, on motion of Representative Clapp, the House resolved itself into Committee of the Whole for consideration of Special Orders and she was called to the Chair to act as Chairman._______________
SPECIAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been dispensed with by unanimous consent), the bills considered and action taken thereon as follows:
(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)
HB00-1045 by Representative Larson; also Senator Dyer--Concerning the authority of governmental entities in the state to enter into intergovernmental agreements with the governing body of an Indian tribe.
Amendment No. 1, Committee on Local Government Report, dated January 12, 2000, and placed in member’s bill file; Report also printed in House Journal, January 13, page 76.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1122 by Representatives Witwer, Berry, Saliman; also Senators Owen, Lacy--Concerning the management of moneys by the trustees of the Colorado school of mines, and, in connection therewith, creating the Colorado school of mines fund and providing for the control and use thereof.
Amendment No. , Education Report, dated January 10, 2000, and placed in member's bill file; Report also printed in House Journal, January 11, page 57.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1073 by Representatives Hefley, Alexander, Lawrence, Leyba, Morrison, Tochtrop, Witwer; also Senators Epps, Evans, Linkhart, Reeves, Wham--Concerning the definition of "cash assistance" for purposes of the Colorado works program.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1005 by Representatives Plant, Kester; also Senator Reeves--Concerning interest charges for delinquent contributions to the fire and police pension association statewide defined benefit plan.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1006 by Representatives Plant, Kester; also Senator Reeves--Concerning the elimination of certain transfers to the disability and death benefits account of the fire and police members' benefit fund.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1017 by Representatives Mace, Kester, Webster; also Senator Tebedo--Concerning the irrevocability of an election by a member of the fire and police pension association to receive a disability benefit option in lieu of a normal annual disability benefit.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1018 by Representatives Scott, Kester, Webster; also Senator Andrews--Concerning the fiduciary duties associated with the investment of the assets of the fire and police members' money purchase plan benefit fund.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1022 by Representatives Scott, Kester, Webster; also Senator Andrews--Concerning the creation of options to increase contribution rates under the statewide money purchase plan for police officers and firefighters.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage._______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB00-1045 amended, 1122 amended, 1073, 1005, 1006, 1017, 1018, 1022.
The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was adopted.
YES 62 NO 0 EXCUSED 3 ABSENT 0
Alexander E
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 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 E
McElhany Y
McKay Y
McPherson E
Miller Y
Mitchell Y
Morrison Y
Nuņez 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 Y
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
_______________
REPORTS OF COMMITTEES OF REFERENCE
AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES
After consideration on the merits, the Committee recommends the following:
HB00-1009 be referred to the Committee of the Whole with favorable recommendation.
HB00-1031 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 1, line 8, strike "act" and substitute "act schedule a public hearing";
line 9, strike "If" and substitute "If The public hearing shall be held within forty-five days after receipt of the petition. If, after such hearing,".
TRANSPORTATION AND ENERGY
After consideration on the merits, the Committee recommends the following:
HB00-1012 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 2, line 18, strike "part 3;" and substitute "article;".
HB00-1024 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 2, line 15, strike "the proof of insurance certificate, insurance”;
strike lines 16 through 19 and substitute the following:
"Nothing in this paragraph (c) shall be interpreted to".
Page 3, line 16, strike "the proof of insurance certificate,
insurance”;
strike lines 17 through 20 and substitute the following:
"Nothing in this paragraph (b) shall be interpreted to".
HB00-1042 be referred to the Committee on Appropriations with favorable recommendation._______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, Consideration of HR00-1004, 1005, 1006, 1007, HJR00-1002, HR00-1008, 1009, 1010 was laid over until January 17, retaining place on Calendar._______________
On motion of Representative Dean, the House adjourned until 10:00 a.m., January 17, 2000.
Approved:
RUSSELL GEORGE,
Attest: Speaker
JUDITH RODRIGUE,
Chief Clerk