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-FIRST GENERAL ASSEMBLY

STATE OF COLORADO

Second Regular Session

Twenty-eighth Legislative Day Tuesday, February 3, 1998

Prayer by Lt. Col. Jim Moore, Chaplain, Civil Air Patrol.

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

The roll was called with the following result:

Present--61.

Absent and excused--Representatives Clarke, Entz, Udall--3.

Vacancy--1.

Present after roll call--Representative Clarke.

The Speaker declared a quorum present.

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On motion of Representative Gotlieb, the reading of the journal of February 2, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

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REPORTS OF COMMITTEES OF REFERENCE

EDUCATION

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

HB98-1164 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 11, after "RECEIVE", insert "AT LEAST".


HB98-1171 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 9, strike "FIVE" and substitute "TEN".

Page 2, line 2, strike "THIRTY" and substitute "FORTY-FIVE";

line 11, strike "THIRTY" and substitute "FORTY-FIVE".

HB98-1231 be referred to the Committee of the Whole with favorable recommendation.

HB98-1237 be postponed indefinitely.

HB98-1249 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, after "PROGRAM", insert "AS DEFINED IN SECTION 22-54-103 (6)";

line 16, after "COUNT", insert "AS DEFINED IN SECTION 22-54-103 (7)";

line 20, strike "; OR" and substitute "; EXCEPT THAT".


HB98-1261 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 4 through 10.

Renumber succeeding sections accordingly.



LOCAL GOVERNMENT

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

HB98-1170 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 4, line 20, strike "TO THE EXTENT THAT HE OR SHE" and substitute "AS SET FORTH IN SECTION 13-21-111.7, C.R.S.";

strike lines 21 through 26.

Page 5, strike lines 1 and 2;

line 8, strike "RANGE." and substitute "RANGE AND BEING PRESENT IN THE RANGE FOR ANY REASON.";

strike lines 9 through 12.


HB98-1233 be postponed indefinitely.

HB98-1251 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 20, strike "COUNTY" and substitute "DISTRICT";

line 22, strike "COUNTY" and substitute "DISTRICT".

Page 3, strike lines 13 through 18.

Renumber succeeding section accordingly.


HB98-1253 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 5, line 16, strike "CHAIR" and substitute "CHAIRPERSON".

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PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: 1339, 1340, 1341, 1342, and 1343.

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MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB98-035, 071, 103;

SB98-012, amended as printed in Senate Journal, January 30, page 130;

SB98-013, amended as printed in Senate Journal, January 30, page 129;

SB98-014, amended as printed in Senate Journal, January 30, page 130;

SB98-038, amended as printed in Senate Journal, January 30, page 130;

SB98-043, amended as printed in Senate Journal, January 30, page 129.

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MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB98-035, 071, and 103; and, without comment, as amended, SB98-012, 013, 014, 038, and 043.

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INTRODUCTION OF BILLS

First Reading

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

SB98-012 by Senator Tebedo; Representative Swenson--Concerning a prohibition against any insurer taking adverse actions against a person because the person has not maintained motor vehicle insurance coverage in the past.

Committee on Business Affairs and Labor.

SB98-013 by Senators Powers, Lacy, and Tebedo; also Representa-tives T. Williams, Swenson, and Veiga--Concerning disclosure requirements for optional managed care arrangements in motor vehicle insurance policies.

Committee on Business Affairs and Labor.

SB98-014 by Senators Powers, Lacy, and Tebedo; also Repre-sentative T. Williams--Concerning elimination of the requirement that motor vehicle insurance policies include wage loss replacement coverage, and, in connection therewith, requiring insurers to provide optional wage loss replacement coverage.

Committee on Business Affairs and Labor.

SB98-035 by Senator Mutzebaugh; also Representative Swenson--Concerning the performance of a field survey by a professional land surveyor before railroad tracks are removed from abandoned railroad rights-of-way to create a legal description of the property.

Committee on Transportation and Energy.

SB98-038 by Senator Weddig; also Representative Owen--Concerning agreements to pay compensation for the recovery of unclaimed property.

Committee on Finance.

SB98-043 by Senator Alexander; also Representative Dyer--Concerning the exception of scenic railroads from Colorado public utilities rate regulation.

Committee on Transportation and Energy.

SB98-071 by Senator Phillips; also Representative Takis--Con-cerning the amount a municipality can appropriate annually to associated charity organizations.

Committee on Local Government.

SB98-103 by Senator Bishop; also Representative Smith--Con-cerning the operation of the Grand Junction drainage district.

Committee on Agriculture, Livestock and Natural Resources.

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INTRODUCTION OF RESOLUTION

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

HJR98-1009 by Representatives Owen, Anderson, G. Berry, Grampsas, May, Pfiffner, and T. Williams; also Senator Lacy-- Concerning the design and implementation of alternatives to Social Security.

Committee on Health, Environment, Welfare, and Institutions.

WHEREAS, Social Security is a federal program that does not recognize the individual retirement needs of many Americans; and

WHEREAS, Social Security tax revenues alone will be insufficient to pay current benefits as early as the year 2012; and

WHEREAS, The Social Security Trust Fund may be completely exhausted by the year 2029; and

WHEREAS, The investment return on contributions made to the Social Security system is significantly below that available from other sources; and

WHEREAS, Colorado workers deserve the opportunity to invest more productively for their own retirements; and

WHEREAS, More retirement investment alternatives might dramatically increase the savings rates of Coloradans; and

WHEREAS, The federal government has recognized Colorado's ability to develop successful alternatives for managing programs at the state level through waivers for a managed care system in the state's medical assistance program; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate concurring herein:

That the Congress of the United States is urged to enact legislation amending the federal "Social Security Act" to authorize the issuance of waivers to the states that would permit the design and implementation of alternatives to the Social Security system.

Be It Further Resolved, That a copy of this Resolution be sent to each member of Congress from the State of Colorado.

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CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILL

HB98-1002 by Representatives McPherson, Salaz, and Tool; also Senators Blickensderfer and Powers--Concerning the redistricting of house of representatives districts as required by the tenth circuit court of appeals.

(Amended as printed in Senate Journal, January 29, pages 121-122.)

Representative McPherson moved that the House concur in Senate amendments. The motion was declared passed by the following roll call vote:

YES 61 NO 1 EXCUSED 2 ABSENT 0 VACANCY 1

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz E

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey N

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall E

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

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 55 NO 7 EXCUSED 2 ABSENT 0 VACANCY 1

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean N

Dyer Y

Entz E

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence N

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller N

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey N

Paschall Y

Pfiffner Y

Reeser N

Romero Y

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant N

Swenson Y

Takis Y

Tate Y

Taylor N

Tool Y

Tucker Y

Tupa Y

Udall E

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

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LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, Consideration of General Orders (HB98-1011, 1088, 1060, 1179, 1110, 1021, 1124, 1138, 1106, 1188, 1220, 1020, 1029, 1105, 1109, 1203, 1142, 1050, 1186, 1026, 1039, 1047, 1064, 1067, 1097, 1112, 1130, 1150, 1162, 1132, 1230, 1040, 1104, 1116) was laid over until February 9, retaining place on Calendar.

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On motion of Representative Anderson, the House adjourned until 9:00 a.m., February 4, 1998.

Approved:


CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk