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-SECOND GENERAL ASSEMBLY

STATE OF COLORADO

First Regular Session

Thirty-sixth Legislative Day Wednesday, February 10, 1999

Prayer by Dr. James Moore, Church of Jesus Christ of Latter Day Saints, Lakewood.

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 9, 1999, was dispensed with and approved as corrected by the Chief Clerk.

______________

PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB99-1313 and 1314.

_______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: SJR99-009.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and transmits herewith: SJR99-11.

_______________

APPOINTMENTS

Representative Dean announced the appointment of Representative Morrison to the Board of Ethics.

Representative Gordon announced the appointment of Representative Keller to the Board of Ethics.

_______________

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.

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

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



HB99-1107 by Representative Swenson; also Senator Hillman--Concerning causation in cases of permanent disability 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 41 NO 24 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

Dean YDecker N

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 Decker, Larson, May, McKay, Paschall.

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.

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 40 NO 25 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 N


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 N

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 Fairbank, May, Mitchell, Paschall, Young.

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.

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-sponsor added: Representative May.

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

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 Decker, Hefley, Plant, Swenson.

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.

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 Decker, Hagedorn, McKay, Stengel, Sullivant, Young.

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

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 44 NO 21 EXCUSED 0 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker Y

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb YGrossman Y

Hagedorn Y


Hefley Y

Hoppe N

Johnson Y

Kaufman Y

Keller Y

Kester Y

King N

Larson N

Lawrence Y

Lee N

Leyba Y

Mace Y

May Y

McElhany Y

McKay N

McPherson N


Miller Y

Mitchell Y

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith N

Spence N

Spradley N

Stengel N

Sullivant N

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop N

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Chavez, Clarke, Coleman, Gagliardi, Hagedorn, Kaufman, Mace, Tapia, Tupa, Vigil, Windels, Zimmerman.

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

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 62 NO 3 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 N

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson N


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith N

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, Bacon, Chavez, Clarke, Coleman, Decker, Gagliardi, Hagedorn, Hefley, Kaufman, Lee, Mace, McElhany, Plant, Ragsdale, Saliman, Tapia, Tochtrop, Tool, Tupa, Veiga, Vigil, S.Williams, Windels, Witwer, Young, Zimmerman.

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.

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 64 NO 1 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 N


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, Mace.

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

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 64 NO 1 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman N

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 Bacon, Kester, Saliman, Swenson, Tool, Veiga, Vigil.

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

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-sponsor added: Representative Smith.

_______________

REPORTS OF COMMITTEES OF REFERENCE

JUDICIARY

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

HB99-1121 be postponed indefinitely.

HB99-1241 be postponed indefinitely.

HB99-1296 be postponed indefinitely.



LOCAL GOVERNMENT

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

HB99-1247 be referred to the Committee of the Whole with favorable recommendation.

HB99-1265 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 4, strike "INCLUDE, WITHOUT" and substitute "INCLUDE";

line 5, strike "LIMITATION,";

strike lines 13 and 14 and substitute the following:

"GRAFFITI STICK, OR ETCHING EQUIPMENT.".


HB99­1268 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 7, strike lines 4 through 20.

Renumber succeeding sections accordingly.

Page 10, strike lines 5 through 20 and substitute the following:

"SECTION 9. 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.".


HB99-1282 be postponed indefinitely.

HB99-1284 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 2, strike "Repeal.";

line 3, strike "repealed" and substitute "amended";

strike lines 4 through 7 and substitute the following:

"30­6­111.  State engineer ­ compensation.  The OFFICE OF THE state engineer shall be allowed for his services the sum of ten dollars per diem and his necessary expenses incurred therein, and all REIMBURSED FOR the expenses of such ANY survey CONDUCTED IN CONNECTION WITH A BOUNDARY DISPUTE PURSUANT TO SECTION 30­6­110, AND SUCH EXPENSES shall be borne equally by such THE counties INVOLVED IN THE BOUNDARY DISPUTE.".

Page 2, strike lines 1 through 5.

Renumber succeeding section accordingly.

Page 1, line 102, strike "COMPENSATED" and substitute "ALLOWED THE SUM OF TEN DOLLARS PER DIEM".



STATE, VETERANS AND MILITARY AFFAIRS

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

HB99-1216 be referred to the Committee of the Whole with favorable recommendation.

SB99-002 be referred to the Committee of the Whole with favorable recommendation.

______________

INTRODUCTION AND CONSIDERATION OF RESOLUTION

The following resolution was read at length and given immediate consideration:

SJR99-011 by Senator Blickensderfer; also Representative Dean--Concerning a change in the deadline for senate committees to report senate bills.

On motion of Representative Dean, the rules were suspended and the resolution given immediate consideration and adopted by viva voce vote.

________________

On motion of Representative Pfiffner, 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.)

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

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

Amendment No. 2, by Representative Veiga.

Amend printed bill, page 3, line 7, strike "COURT" and substitute "PAROLE BOARD".

Page 4, line 15, strike "COURT" and substitute "PAROLE BOARD".

Page 5, line 18, strike "COURT" and substitute "PAROLE BOARD";

line 25, after "court", insert "OR PAROLE BOARD".

Page 6, line 1, strike "court:" and substitute "court OR PAROLE BOARD:";

line 16, after "court", insert "OR PAROLE BOARD";

line 17, strike "court," and substitute "court OR PAROLE BOARD,".

Amendment No. 3, by Representative Veiga.

Amend printed bill, page 6, line 5, strike "17­22.5­405 (4.5)," and substitute "17­22.5­404 (4.5),".

Amendment No. 4, by Representative Young.

Amend printed bill, page 2, line 13, strike "C.R.S." and substitute "C.R.S.; EXCEPT THAT THE BOARD SHALL NOT REQUIRE ANY SUCH JUVENILE TO ATTEND A SCHOOL FROM WHICH HE OR SHE HAS BEEN EXPELLED WITHOUT THE PRIOR APPROVAL OF THAT SCHOOL'S LOCAL BOARD OF EDUCATION.";

after line 16, insert the following:

"SECTION 2.  19­2­925 (2) (d), Colorado Revised Statutes, is amended to read:

19­2­925.  Probation ­ terms ­ release ­ revocation. (2)  The court shall, as minimum conditions of probation, order that the juvenile:

(d)  Attend school or an educational program or work regularly at suitable employment; EXCEPT THAT THE COURT SHALL NOT REQUIRE ANY SUCH JUVENILE TO ATTEND A SCHOOL FROM WHICH HE OR SHE HAS BEEN EXPELLED WITHOUT THE PRIOR APPROVAL OF THAT SCHOOL'S LOCAL BOARD OF EDUCATION;".

Renumber succeeding sections accordingly.

Page 3, line 3, strike "C.R.S." and substitute "C.R.S.; EXCEPT THAT THE BOARD SHALL NOT REQUIRE ANY SUCH JUVENILE TO ATTEND A SCHOOL FROM WHICH HE OR SHE HAS BEEN EXPELLED WITHOUT THE PRIOR APPROVAL OF THAT SCHOOL'S LOCAL BOARD OF EDUCATION.".

Page 4, line 12, strike "C.R.S." and substitute "C.R.S.; EXCEPT THAT THE HEARING PANEL SHALL NOT REQUIRE ANY SUCH JUVENILE TO ATTEND A SCHOOL FROM WHICH HE OR SHE HAS BEEN EXPELLED WITHOUT THE PRIOR APPROVAL OF THAT SCHOOL'S LOCAL BOARD OF EDUCATION.";

line 25, strike "C.R.S." and substitute "C.R.S.; EXCEPT THAT THE COURT SHALL NOT REQUIRE ANY SUCH JUVENILE TO ATTEND A SCHOOL FROM WHICH HE OR SHE HAS BEEN EXPELLED WITHOUT THE PRIOR APPROVAL OF THAT SCHOOL'S LOCAL BOARD OF EDUCATION.".

Page 5, line 14, strike "C.R.S." and substitute "C.R.S.; EXCEPT THAT THE PAROLE BOARD SHALL NOT REQUIRE ANY SUCH JUVENILE TO ATTEND A SCHOOL FROM WHICH HE OR SHE HAS BEEN EXPELLED WITHOUT THE PRIOR APPROVAL OF THAT SCHOOL'S LOCAL BOARD OF EDUCATION.".

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.

(Amended as printed in House Journal, February 9, pages 395-396.)

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

HB99-1180 by Representative Chavez--Concerning prohibition of open alcoholic containers in motor vehicles.

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

HB99-1160 by Representative Fairbank; also Senator Dyer--Concerning the canvass of elections.

Amendment No. 1, State, Veterans, & Military Affairs Report, dated January 28, 1999, and placed in member's bill file; Report also printed in House Journal, January 29, pages 273-274.

Amendment No. 2, by Representative Fairbank.

Amend printed bill, page 21, line 21, strike "TWENTY­FIRST" and substitute "THIRTIETH".

Page 26, line 8, strike "CANVASS" and substitute "ABSTRACT OF VOTES CAST";

line 16, strike the first "CANVASS" and substitute "ABSTRACT OF VOTES CAST".

Page 29, line 17, strike "A CANVASS" and substitute "AN ABSTRACT OF VOTES CAST";

line 23, strike "CANVASS" and substitute "ABSTRACT OF VOTES CAST".

Page 30, line 2, strike "CANVASS," and substitute "ABSTRACT OF VOTES CAST,".

Amendment No. 3, by Representative Dean.

Amend printed bill, page 10, after line 3, insert the following:

"(4)  IN THE EVENT THE SECRETARY OF STATE IS UNABLE TO CERTIFY THE ELECTION OF ANY CANDIDATE, THE SECRETARY SHALL INCLUDE THE METHOD OF RESOLVING THAT ELECTION AND THE FINAL RESULT IN THE STATEWIDE ABSTRACT OF VOTES CAST.".

Renumber succeeding subsections accordingly.

Page 27, line 11, after "certification." add "IF THE SECRETARY OF STATE IS UNABLE TO CERTIFY THE CANDIDATE ELECTED TO A STATE OR DISTRICT OFFICE OF STATE CONCERN, NO SUCH CERTIFICATION OF ELECTION SHALL BE TRANSMITTED BY THE SECRETARY OF STATE UNTIL THE CANDIDATE ELECTED HAS BEEN DETERMINED.";

after line 11, insert the following:

"SECTION 18.  1­11­106, Colorado Revised Statutes, is amended to read:

1­11­106.  Delivery of certified list of results. Upon the organization of the house of representatives, the secretary of state shall deliver to the speaker of the house a certified list of candidates elected to each state office and of each member elected to the general assembly showing the member's district. IF THE SECRETARY OF STATE IS UNABLE TO CERTIFY THE CANDIDATE ELECTED TO STATE OFFICE OR THE MEMBER ELECTED TO THE GENERAL ASSEMBLY FROM A PARTICULAR DISTRICT, THE SECRETARY OF STATE SHALL ALSO DELIVER A LIST OF THE STATE OFFICES OR DISTRICTS FOR WHICH NO CERTIFICATION MAY BE MADE. The speaker, upon receipt of the CERTIFIED list AND, IF DELIVERED, THE LIST OF OFFICES AND DISTRICTS FOR WHICH NO CERTIFICATION MAY BE MADE and before proceeding to other business, shall open and announce the results in the presence of a majority of the members of both houses of the general assembly, who shall assemble for that purpose in the chamber of the house of representatives. The person having the highest number of votes for any of the offices shall be declared duly elected by the presiding officer of the joint assembly. The two houses on joint ballot shall then resolve any tie votes which are on the certified list of results.".

Renumber succeeding sections accordingly.

Amendment No. 4, by Representative Gordon.

Amend the Amendment No. 3, by Representative Dean, printed in House Journal, page 413, line 10, after "EVENT", insert "THAT AN ACCURATE AND VERIFIABLE DETERMINATION OF THE COUNT CANNOT BE MADE AND THEREFORE";

strike lines 12 and 13 and substitute the following:

"ISSUE A REPORT INDICATING THE NATURE OF THE IRREGULARITY RATHER THAN ISSUE A CERTIFICATION.".".

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

HB99-1090 by Representatives Keller, Morrison; also Senator Wham--Concerning the protection of persons from restraint.

Laid over until February 16, retaining place on Calendar.

HB99-1122 by Representative Webster; also Senator Chlouber--Concerning the imposition of limitations on the authority of governing bodies of municipalities to regulate agricultural businesses.

Laid over until February 12, retaining place on Calendar.

HB99-1191 by Representatives Smith, Chavez, Grossman--Concerning the inspection of public records.

Amendment No. 1, Local Government Report, dated February 1, 1999, and placed in member's bill file; Report also printed in House Journal, February 3, pages 314-315.

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

HB99-1097 by Representative Dean; also Senator Blickensderfer--Concerning election contests for members of the general assembly when the outcome of an election in a legislative district is uncertain, and, in connection therewith, creating a special legislative election procedure.

Amendment No. 1, State, Veterans, & Military Affairs Report, dated February 2, 1999, and placed in member's bill file; Report also printed in House Journal, February 3, page 316.

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

HB99-1100 by Representative Tapia; also Senator Dennis--Concerning the eligibility criteria for resident bidders given bid preference on construction contracts for public projects.

Amendment No. 1, State, Veterans, & Military Affairs Report, dated February 2, 1999, and placed in member's bill file; Report also printed in House Journal, February 3, page 317.

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

HB99-1130 by Representative Veiga; also Senator Matsunaka--Concerning the annual gross income level required to qualify for a basic personal injury protection auto insurance policy.

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

HB99-1096 by Representative Bacon; also Senator Reeves--Concerning the employment of probationary teachers.

Amendment No. 1, Education Report, dated February 3, 1999, and placed in member's bill file; Report also printed in House Journal, February 4, page 320.

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

HB99-1210 by Representative Gotlieb; Senator Tebedo--Concerning provision of services to gifted students who are at risk of dropping out of school.

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

HB99-1162 by Representative Lawrence; also Senator Arnold--Concerning procedural changes for the strengthening of the criminal laws.

Amendment No. 1, Judiciary Report, dated February 2, 1999, and placed in member's bill file; Report also printed in House Journal, February 4, page 329.

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

HB99-1192 by Representatives Stengel, Fairbank, Kester, Lee, McElhany, Mitchell, Spence--Concerning regulatory impairment of property rights.

Laid over until February 12, retaining place on Calendar.

HB99-1228 by Representatives Johnson, Bacon, Kaufman, Tool; also Senator Reeves--Concerning limits on access to an animal's veterinary records, and, in connection therewith, exempting certain records in the custody of a state institution from inspection under the open records law.

Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated February 3, 1999, and placed in member's bill file; Report also printed in House Journal, February 5, pages 336-337.

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

HB99-1117 by Representatives McKay, Sullivant, Witwer--Con-cerning the "Pest Control Act".

Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated February 3, 1999, and placed in member's bill file; Report also printed in House Journal, February 5, pages 335-336.

Amendment No. 2, by Representative Young.

Amend the Agriculture, Livestock, & Natural Resources Committee Report, dated February 3, 1999, page 1, line 6, after "FORESTER", insert "OR COUNTY EXTENSION OFFICE".

Amendment No. 3, by Representative McKay.

Amend printed bill, page 7, strike lines 3 through 23.

Renumber succeeding section accordingly.

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

HB99-1229 by Representatives Johnson, Alexander, Hoppe, Larson, Miller, Paschall, Pfiffner, Smith, Young; also Senator Wattenberg--Concerning legislative action required before an endangered species under the federal "Endangered Species Act of 1973" may be relocated to Colorado.

Amendment No. 1, by Representative Johnson.

Strike the Agriculture, Livestock, and Natural Resources Committee Report, dated February 4, 1999, and substitute the following:

"Amend printed bill, page 2, line 1, after "INCLUDING THE", insert "INTRODUCTION OR";

line 2, strike "EXTINCT" and substitute "NOT FOUND OR NO LONGER FOUND";

line 6, strike "STATE" and substitute "STATE, THAT IS A CANDIDATE FOR LISTING, THAT HAS BEEN PETITIONED TO BE LISTED,";

line 7, strike "AND" and substitute "OR";

line 10, strike "FEDERAL,";

line 11, strike "STATE," and substitute "STATE".".

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

On motion of Representative Dean, the remainder of the General Orders Calendar (HB99-1233, 1111, 1199, 1163, 1039, 1244, 1285, 1305, 1158, 1181, 1206, 1204) was laid over until February 11, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1173 amended, 1188 amended, 1180, 1160 amended, 1191 amended, 1097 amended, 1100 amended, 1130, 1096 amended, 1210, 1162 amended, 1228 amended, 1117 amended, 1229 amended.

Laid over until date indicated retaining place on Calendar: HB99-1233, 1111, 1199, 1163, 1039, 1244, 1285, 1305, 1158, 1181, 1206, 1204--February 11, 1999.

HB99-1122, 1192--February 12, 1999.

HB99-1090--February 16, 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 63 NO 2 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 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 Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate N

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

BUSINESS AFFAIRS AND LABOR

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

HB99-1213 be referred to the Committee of the Whole with favorable recommendation.

HB99-1215 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 1, strike "commercial airline COMMON CARRIER" and substitute "commercial airline";

strike lines 3 through 9 and substitute the following:

"liquors by the drink in an airport or airport concourse private club room which THAT is in existence and operated by such licensee on or before April 1, 1995. A PUBLIC TRANSPORTATION SYSTEM LICENSE ISSUED TO A COMMON CARRIER RAILROAD SHALL BE DEEMED TO AUTHORIZE SUCH LICENSEE TO SELL MALT, VINOUS, OR SPIRITUOUS LIQUORS BY THE DRINK AT ANY EVENT NOT OPEN TO THE PUBLIC THAT IS HELD IN A MUSEUM OWNED AND OPERATED BY THE LICENSEE SO LONG AS THE LICENSEE HAS NOTIFIED THE APPROPRIATE LOCAL LAW ENFORCEMENT AGENCY OF SUCH EVENT NO LATER THAN SEVEN DAYS PRIOR TO THE SCHEDULED DATE OF THE EVENT.

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.".


HB99-1217 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 12, strike "MAY" and substitute "SHALL".


HB99-1269 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 3 through 6 and substitute the following:

"FALSE STATEMENT IN WRITING OR FAILED TO FULLY DISCLOSE IN WRITING CONDITIONS CONCERNING THE PHYSICAL ABILITY OF THE EMPLOYEE TO PERFORM THE REQUIREMENTS OF THE JOB PURSUANT TO ANY WRITTEN MEDICAL INQUIRY OR EXAMINATION WITH A WRITTEN RECORD PERMISSIBLE UNDER STATE OR FEDERAL LAW, AND THE".



JUDICIARY

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

HB99-1218 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 16, strike "MORE." and substitute "MORE AND THE CHILD HAS NOT BEEN PLACED IN THE LEGAL CUSTODY OF THE COUNTY DEPARTMENT OF SOCIAL SERVICES OR A CHILD PLACEMENT AGENCY PURSUANT TO SECTION 19­3­508 (1) (c).".

Page 3, line 16, strike "MORE." and substitute "MORE AND THE CHILD HAS NOT BEEN PLACED IN THE LEGAL CUSTODY OF THE COUNTY DEPARTMENT OF SOCIAL SERVICES OR A CHILD PLACEMENT AGENCY PURSUANT TO SECTION 19­3­508 (1) (c).".

_______________

On motion of Representative Dean, the House adjourned until 8:30 a.m., February 11, 1999.

Approved:


RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk