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