HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY

STATE OF COLORADO

First Regular Session

Thirty-fifth Legislative Day Tuesday, February 9, 1999

Prayer by the Reverend Pastor Dan Elliott, South Presbyterian Church, Littleton.

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

The roll was called with the following result:

Present--65.

The Speaker declared a quorum present.

_______________

On motion of Representative Kester, the reading of the journal of February 8, 1999, 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:

HB99-1274 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, after line 1, insert the following:

"SECTION 1.  Legislative declaration. The general assembly hereby finds that in empowering charter schools to enter into contracts pursuant to section 22­30.5­104, Colorado Revised Statutes, and in identifying a charter school's charter as the basis for a contract between the charter school and the local board of education, pursuant to section 22­30.5­105, Colorado Revised Statutes, it was the intent of the general assembly that such contracts would be enforceable and that the parties to such contracts could obtain such remedies for the violation of such contracts as are provided by law. Thus, in sections 3 and 4 of this act, it is the intent of the general assembly to make remedial changes to clarify sections 22­30.5­104 (7) (b) and 22­30.5­105 (1), Colorado Revised Statutes, respectively, and that such changes are applicable to any causes of action filed prior to, on, or after the effective date of this act.".

Renumber succeeding sections accordingly.

Page 2, line 5, after the period, add "A CHARTER SCHOOL APPLICANT SHALL PROVIDE, UPON REQUEST OF THE SCHOOL DISTRICT, AGGREGATE INFORMATION CONCERNING THE GRADE LEVELS AND SCHOOLS IN WHICH PROSPECTIVE PUPILS ARE ENROLLED.".

Page 3, strike lines 8 through 18;

Renumber succeeding section accordingly.


HB99-1288 be referred to the Committee of the Whole with favorable recommendation.


HB99-1308 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, strike lines 17 through 26.

Page 3, strike lines 1 through 6.

Renumber succeeding sections accordingly.

Page 3, line 9, strike "THE GENERAL";

strike lines 10 through 12;

line 13, strike everything up through the period;

line 14, strike "THEREFORE".




HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

HB99­1251 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 10, strike lines 20 through 22 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.".


HB99-1275 be referred to the Committee of the Whole with favorable recommendation.

______________

PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed: HB99-1312.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB99­1005.

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB99-142.

SB99-041, amended as printed in Senate Journal, February 5, page 187;

SB99-109, amended as printed in Senate Journal, February 5, page 188, and on Third Readingas printed in Senate Journal, February 8;

SB99-112, amended as printed in Senate Journal, February 5, pages 188­189;

SB99-167, amended as printed in Senate Journal, February 5, page 189.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB99-142; and without comment, as amended, SB99-041, 109, 112, and 167.

______________

INTRODUCTION OF BILLS

First Reading

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

HB99-1313 by Representatives Alexander, Hoppe, Johnson, Miller, Smith, Spradley, Taylor, Webster--Concerning the wildlife commission, and, in connection therewith, changing the meeting schedule, operation, and composition of the wildlife commission.

Committee on Agriculture, Livestock, & Natural Resources

SB99-041 by Senators Dyer, Perlmutter; also Representatives Swenson, Williams T.--Concerning traffic regulations relating to bicycles.

Committee on Transportation & Energy

SB99-109 by Senator Teck; also Representative McElhany--Concerning prohibited activities in connection with real estate brokerage relationships.

Committee on Business Affairs & Labor

SB99-112 by Senator Hernandez; also Representative Johnson--Concerning the regulation of dogs.

Committee on Agriculture, Livestock, & Natural Resources

SB99-142 by Senators Evans, Epps, Reeves, Rupert; also Representative Mitchell--Concerning the regulation of nursing home administrators, and, in connection therewith, continuing the board of examiners of nursing home administrators.

Committee on Health, Environment, Welfare, & Institutions

SB99-167 by Senator Perlmutter; also Representative Smith--Concerning foreclosure sales by public trustees.

Committee on Local Government

_______________

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.

HB99-1132 by Representatives Young, Webster; also Senator Hillman--Concerning the regulation of Colorado commercial feed.

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 65 NO 0 EXCUSED 0 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 YGordon 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 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

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant 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

Co-sponsors added: Representatives Coleman, Hoppe, Larson, McKay, Spradley, Taylor.

HB99-1032 by Representative Tochtrop; also Senator Chlouber--Concerning the issuance of special license plates for motorcycles owned by certain military veterans.

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 65 NO 0 EXCUSED 0 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 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 Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant 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

Co-sponsors added: Representatives Alexander, Allen, Clapp, Clarke, Dean, Decker, Gagliardi, Hefley, Larson, Mace, McElhany, McKay, Paschall, Pfiffner, Stengel, Takis, Tapia, Tool, Tupa, Vigil, Witwer.

HB99-1049 by Representatives Paschall, Hefley; also Senator Arnold--Concerning the procedural requirements for the selection of an independent medical examiner in cases of disputes under the "Workers' Compensation Act of Colorado".

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 42 NO 23 EXCUSED 0 ABSENT 0

Alexander Y

Allen YBacon N

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb Y

Grossman N

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller N

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

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

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. N

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Larson, May, McKay.

HB99-1157 by Representatives Ament, May; also Senator Owen--Concerning the reestablishment of an exclusive schedule for permanent partial disability under the workers' compensation law, and, in connection therewith, increasing the amount of benefits received under the schedule and limiting benefits for mental stress.

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 42 NO 23 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb Y

Grossman N

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller N

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

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

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. N

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Hoppe, Larson, McKay, Paschall, Smith, Spradley, Sullivant.

________________

On motion of Representative McElhany, the House resolved itself into Committee of the Whole for consideration of General Orders, and he was called to the Chair to act as Chairman.

________________

GENERAL 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.)

HB99-1171 by Representative Decker also Senator Teck--Concerning election of school district directors.

(Amended as printed in House Journal, February 8, page 379.)

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB99-1107 by Representative Swenson; also Senator Hillman--Concerning causation in cases of permanent disability under the "Workers' Compensation Act of Colorado".

Amendment No. 1, Business Affairs & Labor Report, dated January 26, 1999, and placed in member=s bill file; Report also printed in House Journal, January 28, page 236.

Amendment No. 2, by Representative Swenson.

Amend the Business Affairs & Labor Committee Report, dated January 26, 1999, page 1, line 1, after "page 3,", insert "line 12,".

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB99-1145 by Representatives Taylor, Kester; also Senators Anderson, Congrove--Concerning the authority of local governments to regulate plumbing programs for their jurisdictions, and, in connection therewith, granting local governments the authority to approve alternate products, materials, applications, or methods of construction.

Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB99-1198 by Representative Sinclair; also Senator Tebedo--Concerning the strengthening of the supervisory powers of the division of financial services in the department of regulatory agencies.

Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB99-1201 by Representatives King, Lee; also Senator Epps--Concerning the authority of the Colorado insurance guaranty association.

Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB99-1048 by Representative Pfiffner; also Senator Hillman-Concerning limitations on the amount a governmental entity may charge as a result of the late payment of an amount due and owing to such entity.

Amendment No. 1, Finance Report, dated January 27, 1999, and placed in member=s bill file; Report also printed in House Journal, January 29, pages 242-245.

Amendment No. 2, by Representative Pfiffner.

Amend the Finance Committee Report, dated January 27, 1999, page 2, line 24, strike "ONE DELINQUENCY CHARGE" and substitute "THE AMOUNT SET FORTH IN SUBSECTION (3) OF THIS SECTION";

line 29, strike "ONE";

line 30, strike "DELINQUENCY CHARGE" and substitute "THE AMOUNT SET FORTH IN SUBSECTION (3) OF THIS SECTION".

Page 4, line 15, strike "ONE DELINQUENCY CHARGE" and substitute "THE AMOUNT SET FORTH IN SUBSECTION (3) OF THIS SECTION";

line 22, strike "ONE DELINQUENCY CHARGE" and substitute "THE AMOUNT SET FORTH IN SUBSECTION (3) OF THIS SECTION".

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB99-1027 by Representative Williams S; also Senator Wham.--Concerning mandatory denial of a driver's license as penalty for certain criminal mischief convictions.

Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB99-1070 by Representative Leyba; also Senator Reeves--Concerning the ages of the parties involved in the crime of second degree sexual assault.

Amendment No. 1, Judiciary Report, dated January 26, 1999, and placed in member=s bill file; Report also printed in House Journal, January 29, pages 245-246.

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB99-1173 by Representative Veiga; also Senator Perlmutter--Concerning educational requirements for certain youthful offenders.

Laid over until February 10, retaining place on Calendar.

HB99-1175 by Representative Kaufman; also Senator Perlmutter--Concerning the Colorado probate code, and, in connection therewith, authorizing guardians and conservators to petition the court for dissolution of marriage or legal separation on behalf of an incapacitated person or a protected person, establishing a presumption of tenancy in common for disposition of tangible personal property, and clarifying the requirements for private arrangements among successors.

Amendment No. 1, Judiciary Report, dated January 28, 1999, and placed in member=s bill file; Report also printed in House Journal, January 29, page 273.

Amendment No. 2, by Representative Kaufman.

Amend printed bill, page 6, line 16, strike "OR";

line 18, strike "PROPERTY." and substitute "PROPERTY; OR";

after line 18, insert the following:

"(f)  PROPERTY MAINTAINED IN A DEPOSIT ACCOUNT THAT BY ITS TERMS IS HELD IN JOINT TENANCY WITH RIGHT OF SURVIVORSHIP.".

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB99-1188 by Representative Coleman; also Senator Linkhart--Concerning procedures related to adoption.

Amendment No. 1, Judiciary Report, dated January 26, 1999, and placed in member=s bill file; Report also printed in House Journal, January 29, page 249.

Amendment No. 2, by Representative Coleman.

Amend the Judiciary Committee Report, dated January 26, 1999, page 2, strike line 2 and substitute the following:

"THE ADOPTEE OR THE ADOPTEE'S FAMILY.

(C)  NOTWITHSTANDING THE PROVISIONS OF SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (I), THE ADOPTION RECORDS SHALL NOT BE OPEN FOR INSPECTION OR AVAILABLE FOR COPYING WITH RESPECT TO ANY IDENTIFYING INFORMATION CONCERNING A BIRTH PARENT IF SUCH BIRTH PARENT HAS PREVIOUSLY PROVIDED THE COURT WITH A WRITTEN STATEMENT WITHIN SIXTY DAYS AFTER THE FINAL ORDER OF RELINQUISHMENT OR TERMINATION SPECIFYING THAT SUCH PARENT WISHES THE IDENTIFYING INFORMATION CONCERNING THAT PARENT TO REMAIN CONFIDENTIAL. THE WRITTEN STATEMENT SHALL REMAIN IN THE COURT'S RELINQUISHMENT OR TERMINATION FILE UNLESS LATER WITHDRAWN BY THE PARENT.";";

after line 4 of the committee report, insert the following:

"strike line 14, and substitute the following:

"19­5­304; EXCEPT THAT CONTACT WITH A BIRTH PARENT WHO HAS PREVIOUSLY PROVIDED A WRITTEN STATEMENT TO THE COURT AS DESCRIBED IN SUB­SUBPARAGRAPH (C) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) MAY BE ATTEMPTED THROUGH A CONFIDENTIAL INTERMEDIARY APPOINTED PURSUANT TO SECTION 19­5­304.";";

line 6 of the committee report, strike ""ADULT"." and substitute ""ADULT";";

after line 6 of the committee report, insert the following:

"strike line 22 and substitute the following:

"RECORDS; EXCEPT THAT, THE ADOPTION RECORDS SHALL NOT BE OPEN FOR INSPECTION OR AVAILABLE FOR COPYING WITH RESPECT TO ANY IDENTIFYING INFORMATION CONCERNING A BIRTH PARENT WHO HAS PREVIOUSLY PROVIDED THE COURT WITH A WRITTEN STATEMENT DESCRIBED IN SUB­SUBPARAGRAPH (C) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) REQUESTING IDENTIFYING INFORMATION CONCERNING THAT PARENT TO REMAIN CONFIDENTIAL.".".

Amendment No. 3, by Representative Coleman.

Amend the Judiciary Committee Report, dated January 26, 1999, page 2, strike lines 1 and 2 and substitute the following:

"DUE TO ABUSE OR THROUGH A DEPENDENCY OR NEGLECT ACTION.";";

after line 8 of the committee report, insert the following:

"Page 10, line 21, before "MEDICAL,", insert "SERIOUS";

line 24, strike "MEDICAL" and substitute "SERIOUS MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC".".

As amended, laid over until February 10, retaining place on Calendar.

HB99-1127 by Representative Gotlieb; also Senator Powers--Concerning authorization for the acceptance by governmental entities of additional forms of payment.

Amendment No. 1, Local Government Report, dated January 27, 1999, and placed in member=s bill file; Report also printed in House Journal, January 29, pages 250-254.

Amendment No. 2, by Representative Gotlieb.

Amend the Local Government Committee Report, dated January 27, 1999, page 1, line 10, strike "PAYMENT" and substitute "PAYMENT, INCLUDING BUT NOT LIMITED TO CREDIT OR DEBIT CARDS,".

Page 2, line 5, strike "PAYMENT, INCLUDING BUT NOT LIMITED TO CREDIT OR DEBIT CARDS," and substitute "PAYMENT";

line 25, after "MORE", insert "CONTRACTUAL".

Page 3, line 30, strike "PAYMENTS" and substitute "GROSS PAYMENTS";

strike lines 33 through 35 and substitute the following:

"(b)  NET REVENUES REMITTED TO STATE GOVERNMENTAL ENTITIES BY PROVIDERS OF ALTERNATIVE FORMS OF PAYMENT PURSUANT TO MASTER AGREEMENTS DURING SUCH".

Page 4, line 8, strike "PAYMENT," and substitute "PAYMENT";

line 9, strike "INCLUDING BUT NOT LIMITED TO ANY CREDIT OR DEBIT CARD ISSUER,";

strike lines 12 through 15 and substitute the following:

"REMIT TO THE STATE GOVERNMENTAL ENTITY THE NET REVENUE OF THE APPROVED TRANSACTION DUE TO THE STATE GOVERNMENTAL ENTITY.";

strike lines 16 through 21;

line 29, strike "PAYMENT" and substitute "PAYMENT, INCLUDING BUT NOT LIMITED TO CREDIT OR DEBIT CARDS,".

Page 5, line 14, strike "PAYMENT, INCLUDING BUT NOT LIMITED TO" and substitute "PAYMENT";

line 15, strike "CREDIT OR DEBIT CARDS,".

Amendment No. 3, by Representative Vigil.

Amend the Local Government Committee Report, dated January 27, 1999, page 1, after line 10, insert the following:

"(2)  "MONEYS PAYABLE TO THE STATE" MEANS MONEYS OWED OR PAID TO ANY STATE GOVERNMENTAL ENTITY OTHER THAN MONEYS THAT THE STATE GOVERNMENTAL ENTITY MUST RETURN TO THE PAYER UPON THE SATISFACTION OF ONE OR MORE SPECIFIED CONDITIONS BY THE PAYER.".

Renumber succeeding subsections accordingly.

Page 5, after line 5, insert the following:

"(3)  "MONEYS PAYABLE TO A LOCAL GOVERNMENTAL ENTITY" MEANS MONEYS OWED OR PAID TO ANY LOCAL GOVERNMENTAL ENTITY OTHER THAN MONEYS THAT THE LOCAL GOVERNMENTAL ENTITY MUST RETURN TO THE PAYER UPON THE SATISFACTION OF ONE OR MORE SPECIFIED CONDITIONS BY THE PAYER.".

Renumber succeeding subsection accordingly.

Page 5, line 13, strike "GOVERNMENT" and substitute "GOVERNMENTAL ENTITY";

line 26, strike "SUCH" and substitute "A".

Page 6, line 10, strike "SUCH and substitute "A".

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB99-1159 by Representatives Berry, Kester, Mace, Webster; also Senators Tebedo, Chlouber, Phillips, Teck--Concerning improvement districts of local general purpose governments.

Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HCR99-1001 by Representatives Pfiffner, Paschall, Alexander, Allen, Clapp, Dean, Fairbank, Hefley, Johnson, Kester, King, Lee, McElhany, McKay, McPherson, Mitchell, Morrison, Nunez, Sinclair, Spence, Stengel, Sullivant, Taylor, Webster, T. Williams, Witwer, Young; also Senators Blickensderfer, Andrews, Chlouber, Congrove, Grampsas, Hillman, Lacy, Lamborn, Musgrave, Owen, Powers, Tebedo, Teck--Concerning the submission to the registered electors of the state of Colorado an amendment to articles V and XII of the constitution of the state of Colorado, requiring the general assembly to provide by law for a state personnel system governing the employment of employees in the executive branch of state government, and, in connection therewith, repealing those original provisions of the constitution establishing the state personnel system, the state personnel board, the state department of personnel, and the state personnel director, requiring the general assembly to enact laws ensuring due process for state employees, retaining the requirement that appointments and promotions within the state personnel system be made according to merit and fitness, and making conforming amendments to provisions pertaining to the veterans' preference and the state auditor's staff.

Laid over until February 22, retaining place on Calendar.

HB99-1194 by Representatives Pfiffner, Paschall, Alexander, Allen, Dean, McElhany, McPherson, Sullivant, T. Williams, Young; also Senators Blickensderfer, Chlouber, Congrove, Hillman, Lacy, Lamborn, Musgrave, Powers, Tebedo--Concerning the state personnel system.

Laid over until February 22, retaining place on Calendar.

On motion of Representative Dean, the remainder of the General Orders Calendar (HB99-1160, 1180, 1090, 1122, 1191, 1097, 1100, 1130, 1096, 1210, 1162, 1192, 1117, 1228, 1229, 1233, 1111, 1199, 1163, 1039, 1244, 1285, 1305, 1158, 1181, 1206) was laid over until February 10, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1171 amended, 1107 amended, 1145, 1198, 1201, 1048 amended, 1027, 1070 amended, 1175 amended, 1127 amended, 1159.

Laid over until date indicated retaining place on Calendar: HB99-1173, 1188 amended, 1160, 1180, 1090, 1122, 1191, 1097, 1100, 1130, 1096, 1210, 1162, 1192, 1117, 1228, 1229, 1233, 1111, 1199, 1163, 1039, 1244, 1285, 1305, 1158, 1181, 1206--February 10, 1999.

HCR99-1001, HB99-1194--February 22, 1999.

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 65 NO 0 EXCUSED 0 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 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 Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant 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

______________

INTRODUCTION OF BILLS

First Reading

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

HB99-1314 by Representative Dean; also Senator Blickensderfer--Concerning the administration of the legislative branch.

Committee on Judiciary

SB99-057 by Senator Dennis; also Representative Mitchell--Con-cerning the economic regulation of telecommunications.

Committee on Business Affairs & Labor

SB99-111 by Senators Hillman, Andrews, Congrove, Dennis, Evans, Musgrave, Owen; also Representatives Kester, Young, McKay, Webster--Concerning a prohibition against the release of destructive rodent pests into a county without the prior approval of the board of county commissioners of the county.

Committee on Agriculture, Livestock, & Natural Resources

SB99-131 by Senator Wham; also Representative Kaufman--Concerning continuation of the youthful offender system.

Committee on Judiciary

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes:

SB99-057, amended as printed in Senate Journal, February 2, page 154, and February 8, pages 202-203;

SB99-111, amended as printed in Senate Journal, February 8, page 203;

SB99-131, amended as printed in Senate Journal, February 8, page 203.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB99-057, 111, and 131.

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., February 10, 1999.

Approved:


RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk