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

Forty-eighth Legislative Day Monday, February 22, 1999

Prayer by the Reverend Doctor Cynthia Cearley, Montview Presbyterian Church, Denver.

The Speaker Pro Tempore called the House to order at 10:00 a.m.

The roll was called with the following result:

Present--60.

Vacancy--1.

Absent and excused--Representatives Alexander, George, Hefley--3.

Absent--Representative Tupa--1.

Present after roll call--Representatives Alexander, George, Tupa.

The Speaker Pro Tempore declared a quorum present.

_______________

On motion of Representative Larson, the reading of the journal of February 19, 1999, was dispensed with and approved as corrected by the Chief Clerk.

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MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB99-070 and 159;

SB99-014, amended as printed in Senate Journal, February 17, page 294;

SB99-120,amended as printed in Senate Journal, February 12, pages 253 and 254, and February 18, pages 307-308;

SB99-141, amended as printed in Senate Journal, February 18, page 307;

SB99-143, amended as printed in Senate Journal, February 17, page 297, and February 18, page 307.

_________

The Senate has adopted and transmits herewith: SJR99-010.

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MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB99-070 and 159; and, without comment, as amended, SB99-014, 120, 141, and 143.

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MESSAGE FROM THE GOVERNOR

I certify I received the following on the 19th day of February, 1999, at 3:35 p.m. The original is on file in the records of the House of Representatives of the General Assembly.

Judith Rodrigue,

Chief Clerk of the House

February 19, 1999

To the Honorable

Colorado House of Representatives

Sixty-second General Assembly

First Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Act:

H.B. 99-1043 Concerning Payment of Fees to the Colorado State University Professional Veterinary Medicine Program

Approved February 19, 1999 at 11:59 a.m.

H.B. 99-1080 Concerning the Application of Section 415 of the Federal "Internal Revenue Code of 1986", As Amended, to the Public Employees' Retirement Association, and, in Connection Therewith, Modifying the Provisions Governing the Purchase of Service Credit to Conform to Federal Law

Approved February 19, 1999 at 12:01 p.m.

H.B. 99-1106 Concerning the Enactment of Colorado Revised Statutes 1998 as the Positive and Statutory Law of the State of Colorado

Approved February 19, 1999 at 12:03 p.m.

Sincerely,

(signed)

Bill Owens

Governor

_______________

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.

SB99-031 by Senators Anderson, Chlouber, Lamborn, Phillips, Powers, Teck, Wattenberg; also Representatives Berry, Ament, Dean, Leyba, May, McElhany--Concerning the authority of employee leasing companies to provide employer benefit plans on behalf of employees.

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 0 EXCUSED 2 VACANCY 1 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 E

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

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 E

Co-sponsors added: Representatives Coleman, Hoppe, Larson, McKay, McPherson, Plant, Spence, Tapia, Young.

HB99-1295 by Representatives Williams T., May; also Senator Blickensderfer--Concerning the liability of businesses for civil actions arising from electronic computing device failures associated with the year 2000 date change.

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 61 NO 1 EXCUSED 2 VACANCY 1 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 E

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

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 E

Co-sponsors added: Representatives Alexander, Coleman, Hoppe, Lawrence, McKay, Stengel, Webster.

HB99-1242 by Representative Chavez; also Senator Chlouber--Concerning the inspection of public records.

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 61 NO 1 EXCUSED 2 VACANCY 1 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 E

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

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 E

Co-sponsors added: Representatives Clarke, Dean, Gordon, Mace, McElhany, Plant, Saliman, Smith, Veiga, Vigil.

On motion of Representative Dean, the remainder of the Third Reading Calendar (HB99-1199, 1163, 1204, 1244, 1274, 1288, 1251, 1275, 1213, 1215, 1217, 1218, 1247, 1265, 1268, 1284, 1216, 1267) was laid over until February 23, retaining place on Calendar.

________________

On motion of Representative Allen, the House resolved itself into Committee of the Whole for consideration of General Orders, and she 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.)

On motion of Representative Dean, the following bills were laid over to the date indicated, retaining place on Calendar:

HCR99-1001, HB99-1194 laid over until March 8.

HB99-1206, 1285 laid over until February 23.

HB99-1269 by Representatives King, Berry, Fairbank, Hefley, Lee, McKay, McPherson, Mitchell, Paschall, Pfiffner, Spradley, Stengel, Webster, Williams T.; also Senator Owen--Concerning the reduction of workers' compensation benefits in cases where a claimant makes a materially deceptive statement as part of the job application process concerning the physical ability of the claimant to perform the requirements of the job.

Amendment No. 1, Business Affairs & Labor Report, dated February 9, 1999, and placed in member's bill file; Report also printed in House Journal, February 10, page 418.

Amendment No. 2, by Representative King.

Amend printed bill, page 2, strike lines 22 through 25, and substitute the following:

"(2) The provisions of this act shall apply to injuries occurring on or after the applicable effective date of this act.".

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

HB99-1004 by Representative Plant--Concerning the creation of a voluntary contribution on Colorado income tax returns for the purpose of allowing individuals to make contributions to benefit public education.

Amendment No. 1, Education Report, dated January 18, 1999, and placed in member's bill file; Report also printed in House Journal, January 20, pages 157-158.

Amendment No. 2, Finance Report, dated January 28, 1999, and placed in member's bill file; Report also printed in House Journal, January 29, pages 241-242.

Amendment No. 3, Appropriations Report, dated February 12, 1999, and placed in member's bill file; Report also printed in House Journal, February 12, pages 444-445.

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

HB99-1174 by Representatives Morrison, Tool; also Senator Lamborn--Concerning prevention programs funded through state agencies.

Amendment No. 1, Appropriations Report, dated February 12, 1999, and placed in member's bill file; Report also printed in House Journal, February 12, page 445.

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

HB99-1231 by Representative Swenson; also Senator Perlmutter--Concerning an exception to the five-year limitation on medical treatment in the automobile no-fault laws.

Amendment No. 1, Business Affairs & Labor Report, dated February 11, 1999, and placed in member's bill file; Report also printed in House Journal, February 12, page 445.

Amendment No. 2, by Representative Spradley.

Amend the Business Affairs and Labor Committee Report, dated February 11, 1999, page 1, strike line 12, and substitute the following:

"Page 5, strike lines 10 through 17, and substitute the following:

"(F)  NO INSURER SHALL BE REQUIRED TO MAINTAIN A PIP CLAIM FILE LONGER THAN IS REQUIRED BY APPLICABLE LAW UNLESS THE CLAIM FILE CONTAINS A WRITTEN OPINION RECEIVED BY THE INSURER WITHIN FIVE YEARS AFTER THE DATE OF THE ACCIDENT, PURSUANT TO SUB-SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (I). ANY INSURER THAT RECEIVES SUCH A WRITTEN OPINION SHALL MAINTAIN SUCH CLAIM FILE UNTIL THE CLAIMANT RECEIVES THE NECESSARY SURGERY OR RECONSTRUCTIVE PROCEDURE OR ATTAINS EIGHTEEN YEARS OF AGE.".".

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

HB99-1301 by Representatives Mitchell, Alexander, Allen, Clarke, Coleman, Fairbank, Hefley, Lee, Leyba, Morrison, Tochtrop--Concerning a prohibition on the requirement of donation of professional services as a condition of licensure in a regulated profession or occupation.

Laid over until February 23, retaining place on Calendar.

HB99-1261 by Representative Tate--Concerning measures to correct underutilization of protected classes in the state personnel system.

Laid over until February 23, retaining place on Calendar.

HB99-1277 by Representative Grossman--Concerning mandatory disclosure requirements for forfeiture provisions in agreements affecting persons in facilities providing residential care.

Amendment No. 1, Judiciary Report, dated February 11, 1999, and placed in member's bill file; Report also printed in House Journal, February 12, pages 449-450.

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

HB99-1279 by Representatives Hagedorn, Tool, Kaufman; also Senator Dennis--Concerning penalties for alcohol-related traffic offenses.

Amendment No. 1, Judiciary Report, dated February 9, 1999, and placed in member's bill file; Report also printed in House Journal, February 12, pages 450-453.

Amendment No. 2, by Representative Hagedorn.

Amend printed bill, page 2, before line 9, insert the following:

"SECTION 2.  42­2­126 (2) (b), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

42­2­126. Revocation of license based on administrative determination. (2) (b)  ANY REVOCATION PURSUANT TO THIS SECTION SHALL RUN CONSECUTIVELY AND NOT CONCURRENTLY WITH ANY OTHER REVOCATION PURSUANT TO THIS SECTION.".

Renumber succeeding sections accordingly.

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

HB99-1212 by Representative Gotlieb; also Senator Arnold--Concerning the primary offense of failure to wear a motor vehicle safety belt.

Laid over until February 23, retaining place on Calendar.

HB99­1220 by Representative Swenson­­Concerning the denial of the privilege to drive due to an outstanding warrant.

Referred to the Committee on Appropriations.

HB99-1256 by Representative Swenson--Concerning the enforcement of traffic offenses by counties.

Amendment No. 1, by Representative Swenson.

Amend printed bill, page 1, line 7, strike "counties and incorporated cities and towns" and substitute "counties, and incorporated cities and towns, AND COUNTIES".

Page 2, line 26, after the period add "IN THE CASE OF COUNTY TRAFFIC ORDINANCE VIOLATIONS, THE PROVISIONS OF SECTION 42-4-1701 AND 42-4-1703, C.R.S., AND SECTION 42-4-1708 THROUGH 42-4-1718, C.R.S., SHALL APPLY.".

Page 3, strike lines 1 through 13.

Renumber succeeding sections accordingly.

Page 3, line 22, after "that" insert "MISDEMEANOR TRAFFIC OFFENSES AND".

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

HB99-1250 by Representatives Johnson, Bacon, Chavez, Clarke, Coleman, George, Gotlieb, Grossman, Kaufman, Keller, Kester, King, Lawrence, Leyba, Mace, Miller, Ragsdale, Sinclair, Smith, Spradley, Sullivant, Swenson, Takis, Tapia, Taylor, Tochtrop, Tool, Vigil, Williams S., Zimmerman; also Senators Epps, Dyer, Evans, Feeley, Hernandez, Nichol, Perlmutter, Phillips, Reeves, Rupert, Tebedo, Thiebaut, Weddig, Wham--Concerning require-ments for the prompt payment of health insurance claims.

Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated February 12, 1999, and placed in member's bill file; Report also printed in House Journal, February 15, pages 461-463.

Amendment No. 2, by Representative Johnson.

Amend the Health, Environment, Welfare, & Institutions Committee Report, dated February 12, 1999, page 3, line 32, strike "CARRIER'S ENTITY" and substitute "ENTITY WITH WHICH THE CARRIER CONTRACTS".

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

HB99-1214 by Representative Lawrence; also Senator Wham--Concerning the statewide trauma care system, and, in connection therewith, authorizing the designation of regional pediatric trauma centers and protecting the confidentiality of information collected by area trauma advisory councils.

Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated February 15, 1999, and placed in member's bill file; Report also printed in House Journal, February 16, page 471.

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

HB99-1307 by Representative Vigil; also Senator Feeley--Concerning the continuation of the "Home and Community-based Services for Persons with Brain Injury Act".

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

HB99-1289 by Representatives Berry, Smith; also Senators Andrews, Teck--Concerning a study of higher education.

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

HB99-1226 by Representative Kaufman; also Senator Lamborn--Concerning damages in wrongful death cases.

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

HB99-1234 by Representative Mace; also Senator Perlmutter--Concerning the automatic temporary injunction in a petition for dissolution of marriage.

Amendment No. 1, Judiciary Report, dated February 16, 1999, and placed in member's bill file; Report also printed in House Journal, February 17, page 485.

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

HB99-1243 by Representatives Clapp, Fairbank, McElhany, McKay, Tool, Vigil, Young, Dean, Lee, Mitchell, Spence, Stengel; also Senators Dyer, Perlmutter--Concerning a requirement that health care practitioners participating in personal injury protection examination review panels be actively engaged in practice at the office listed with the commissioner of insurance.

Laid over until February 23, retaining place on Calendar.

HB99-1253 by Representative Mitchell; also Senator Lamborn--Concerning statements made by juveniles during custodial interrogations.

Amendment No. 1, Judiciary Report, dated February 16, 1999, and placed in member's bill file; Report also printed in House Journal, February 17, page 489.

Amendment No. 2, by Representative Tate.

Amend printed bill, page 1, line 8, before "MISREPRESENTATIONS", insert "DELIBERATE".

Page 2, line 2, before "MISREPRESENTATION,", insert "DELIBERATE".

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

HB99-1283 by Representatives Spence, Coleman, Witwer, Decker, Kester, King, Lawrence, Stengel, Swenson, Tapia, Vigil, Webster; also Senator Blickensderfer--Concerning limited immunity for the use of automated external defibrillators in emergency situations.

Amendment No. 1, by Representative Spence.

Amend printed bill, page 4, after line 11, insert the following:

"(5)  THE REQUIREMENTS OF SUBSECTION (3) OF THIS SECTION SHALL NOT APPLY TO ANY INDIVIDUAL USING AN AED DURING A MEDICAL EMERGENCY IF THAT INDIVIDUAL IS ACTING AS A GOOD SAMARITAN UNDER SECTION 13­21­108.".

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

A motion by Representative Dean that the Committee rise, report progress and beg leave to sit again at 1:30 p.m., was adopted by unanimous consent.

________________

House reconvened.

The Committee of the Whole reported it had risen, reported progress and would sit again at 1:30 p.m.

_______________

House in recess. House reconvened.

_______________

REPORTS OF COMMITTEE OF REFERENCE

APPROPRIATIONS

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

HB99-1002 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Finance Committee Report, dated February 4, 1999, page 2, strike lines 23 through 36.

Page 3, line 9, strike "year." and substitute "year.".".

HB99-1151 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Finance Committee report dated, February 4, 1999, page 1, line 1, strike "2001," and substitute "1999,".


HB99-1155 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Finance Committee Report, dated February 4, 1999, page 1, strike line 13 and substitute the following:

"Amend printed bill, page 2, line 4, strike "JANUARY";

line 5, strike "1, 2000," and substitute the following:

"JULY 1, 1999, IF, BASED UPON THE FINANCIAL STATEMENT PREPARED IN ACCORDANCE WITH SECTION 24­77­106.5, C.R.S., THE CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR EXCEEDED THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION AND THE VOTERS STATEWIDE DID NOT AUTHORIZE THE STATE TO RETAIN AN SPEND ALL OF THE EXCESS STATE REVENUES FOR THAT STATE FISCAL YEAR, THEN".".

Page 2, line 5, strike "REFUNDABLE."." and substitute "REFUNDABLE.";";

after line 5, insert the following:

"after line 13, insert the following:

"SECTION 2.  24­77­106.5, Colorado Revised Statutes, is amended to read:

24­77­106.5.  Annual financial report. (1) (a)  For each fiscal year, the controller shall prepare a financial report for the state for purposes of ascertaining compliance with the provisions of this article. Any financial report prepared pursuant to this section shall include, but shall not be limited to, state fiscal year spending, reserves, revenues, and debt. Such financial report shall be audited by the state auditor.

(b)  BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH PARAGRAPH (a) OF THIS SUBSECTION (1) FOR ANY GIVEN FISCAL YEAR, THE CONTROLLER SHALL CERTIFY TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE NO LATER THAT SEPTEMBER 1 FOLLOWING THE END OF A FISCAL YEAR THE AMOUNT OF STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION, IF ANY, FOR SUCH FISCAL YEAR.

(2)  ANY FINANCIAL REPORT PREPARED AND CERTIFICATION OF STATE EXCESS REVENUES MADE PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL BE AUDITED BY THE STATE AUDITOR. NO LATER THAN SEPTEMBER 15 FOLLOWING THE CERTIFICATION MADE BY THE STATE CONTROLLER FOR ANY GIVEN FISCAL YEAR, THE STATE AUDITOR SHALL REPORT AND TRANSMIT TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE THE RESULTS OF ANY AUDIT CONDUCTED IN ACCORDANCE WITH THIS SUBSECTION (2).

(2) (3)  Notwithstanding any generally accepted accounting principles to the contrary, financial reports prepared pursuant to subsection (1) of this section shall not include any unrealized gains or losses on investments held by the state.".

Renumber succeeding section accordingly.".

SB99-175 be referred to the Committee of the Whole with favorable recommendation.

SB99-176 be referred to the Committee of the Whole with favorable recommendation.

SB99-177 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 7, line 3, in the ITEM & SUBTOTAL column, strike "36,582,763" and substitute "36,660,494" and, in the CASH FUNDS EXEMPT column, strike "460,536(L)c" and substitute "538,267(L)c".

Adjust affected totals accordingly.

Page 11, line 5, strike "$460,536" and substitute "$538,267".


SB99-178 be referred to the Committee of the Whole with favorable recommendation.

SB99-179 be referred to the Committee of the Whole with favorable recommendation.

SB99-180 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 34, line 1, in the ITEM & SUBTOTAL column, strike "31,142,987" and substitute "30,907,653" and, in the GENERAL FUND column, strike "21,781,095" and substitute "21,545,761";

line 9, in the ITEM & SUBTOTAL column, strike "2,072,494" and substitute "2,072,494" and, in the GENERAL FUND column, strike "2,072,494" and substitute "2,072,494";

after line 9, in the ITEM & SUBTOTAL column, insert "2,307,828" and, in the GENERAL FUND column, insert "2,307,828".

Adjust affected totals accordingly.

SB99-181 be referred to the Committee of the Whole with favorable recommendation.

SB99-182 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 10, line 7, strike "$7,068,668" and substitute "$7,075,343" and strike "$210,731 $214,616" and substitute "$210,731";

line 8, strike "$151,320 $154,110" and substitute "$151,320".


SB99-183 be referred to the Committee of the Whole with favorable recommendation.

SB99-184 be referred to the Committee of the Whole with favorable recommendation.

SB99-185 be referred to the Committee of the Whole with favorable recommendation.

SB99-186 be referred to the Committee of the Whole with favorable recommendation.

SB99-187 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 30, line 2, strike "3,739,177" and substitute "3,324,200";

line 6, strike "4,096,128" and substitute "4,511,105".


SB99-188 be referred to the Committee of the Whole with favorable recommendation.

SB99-189 be referred to the Committee of the Whole with favorable recommendation.

SB99-190 be referred to the Committee of the Whole with favorable recommendation.

SB99-191 be referred to the Committee of the Whole with favorable recommendation.

SB99-192 be referred to the Committee of the Whole with favorable recommendation.

SB99-193 be referred to the Committee of the Whole with favorable recommendation.

SB99-194 be referred to the Committee of the Whole with favorable recommendation.

SB99-195 be referred to the Committee of the Whole with favorable recommendation.

SB99-196 be referred to the Committee of the Whole with favorable recommendation.

SB99-197 be referred to the Committee of the Whole with favorable recommendation.

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CHANGES IN SPONSORSHIP

Due to the resignation of Representative Sullivant, The Speaker announced the following changes in sponsorship:

HB99-1009 -- Representative Pfiffner

HB99-1033 -- Representative Gotlieb

HB99-1221 -- Representative Mitchell

HB99-1230 -- Representative T.Williams

SB99-128 -- Representative Spradley

SB99-140 -- Representative Smith

________________

On motion of Representative Allen, the House resolved itself into Committee of the Whole for continuation of consideration of General Orders, and she returned to the Chair to act as Chairman.

________________

GENERAL ORDERS--SECOND READING OF BILLS

(Continued from page 542)

HB99-1290 by Representatives Kaufman, McElhany; also Senator Evans--Concerning the limitation of civil actions involving breaches of fiduciary duty.

Laid over until February 23, retaining place on Calendar.

HB99-1304 by Representative Grossman; also Senator Wham--Concerning the strengthening of the crime of burglary.

Amendment No. 1, Judiciary Report, dated February 16, 1999, and placed in member's bill file; Report also printed in House Journal, February 17, page 493.

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

HB99-1225 by Representative Leyba; also Senator Wattenberg--Concerning the designation of candidates for a primary election.

Amendment No. 1, Business Affairs & Labor Report, dated February 16, 1999, and placed in member's bill file; Report also printed in House Journal, February 18, pages 495-496.

Amendment No. 2, by Representative Leyba.

Amend the printed bill, page 2, line 24, strike "assembly." and substitute "assembly ­ legislative declaration.".

Page 4, after line 19, insert the following:

"(d)  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT IT IS BENEFICIAL TO IMPROVE THE PROCEDURE AND TIMELINESS FOR COMMUNICATING THE DESIGNATION OF CANDIDATES FOR THE PRIMARY ELECTION BALLOT BY POLITICAL PARTY ASSEMBLIES BETWEEN THE OFFICERS OF SUCH ASSEMBLIES, THE STATE CENTRAL COMMITTEE OF EACH POLITICAL PARTY, AND THE SECRETARY OF STATE. THE GENERAL ASSEMBLY FURTHER FINDS THAT PRESCRIBING CERTAIN ADDITIONAL REVIEW PROCESSES FOR THE DOCUMENTATION EVIDENCING DESIGNATIONS AND NOMINATIONS OF CANDIDATES THAT ARE NOT ONEROUS WILL SERVE TO MINIMIZE THE LIKELIHOOD OF A CANDIDATE BEING DEPRIVED OF HIS OR HER CANDIDACY AND OF AN ERRONEOUS PRIMARY ELECTION BALLOT. THE GENERAL ASSEMBLY FURTHER ENCOURAGES THE RESPONSIBLE OFFICIALS TO ENGAGE IN THE ENHANCED COMMUNICATION AND REVIEW DESCRIBED IN THIS SUBSECTION WELL IN ADVANCE OF STATUTORILY PRESCRIBED DEADLINES OR BALLOT CERTIFICATION DATES, IF POSSIBLE, IN ORDER TO MAXIMIZE THE TIME FOR GIVING NOTICE AND RESOLVING ANY ISSUES THAT MAY ARISE FROM THE PRIMARY BALLOT NOMINATION PROCESS.".

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

HB99-1310 by Representative McElhany; also Senator Owen--Concerning the creation of an exemption from filing requirements for insurers providing coverage to exempt commercial policyholders.

Amendment No. 1, by Representative McElhany.

Amend printed bill, page 3, line 7, strike "10-4-401 (3) (b)." and substitute "10-4-401 (3) (b), EXCEPT THE COMMISSIONER SHALL NOT INCLUDE PURCHASERS OF TITLE INSURANCE WITHIN THE DEFINITION OF AN EXEMPT COMMERCIAL POLICYHOLDER.".

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

HB99-1227 by Representatives Tapia, Coleman, Lawrence, Spradley, Zimmerman; also Senator Dennis--Concerning the definition of residential child care facilities.

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

HB99-1239 by Representative Veiga; also Senator Blickensderfer--Concerning the concept of permissible use in the context of the Colorado no-fault insurance laws, and, in connection therewith, defining converter.

Laid over until February 23, retaining place on Calendar.

On motion of Representative Dean, the remainder of the General Orders Calendar (SB99-002, 005, 032, 015, 024) was laid over until February 23, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1269 amended, 1004 amended, 1174 amended, 1231 amended, 1277 amended, 1279 amended, 1256 amended, 1250 amended, 1214 amended, 1307, 1289, 1226, 1234 amended, 1253 amended, 1283 amended, 1304 amended, 1225 amended, 1310 amended, 1227.

Laid over until date indicated retaining place on Calendar: HB99-1206, 1285, 1301, 1261, 1212, 1243, 1290, 1239, SB99-002, 005, 032, 015, 024--February 23, 1999.

HCR99-1001, HB99-1194--March 8, 1999.

Referred to Committee indicated:

HB99-1220--Committee on Appropriations.

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 61 NO 0 EXCUSED 3 VACANCY 1 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 E


Hefley E

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 E

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

On motion of Representative Dean, SB99-175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, HB99-1259, 1281, 1236 shall be made Special Orders on Monday, February 22, 1999, at 1:55 p.m.

_______________

The hour of 1:55 p.m., having arrived, on motion of Representative Allen, the House resolved itself into Committee of the Whole for consideration of Special Orders and she was called to the Chair to act as Chairman.

_______________

SPECIAL ORDERS--SECOND READING OF BILLS

The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been dispensed with by unanimous consent), the bills considered and action taken thereon as follows:

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

SB99-175 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of agriculture.

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

SB99-176 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of corrections.

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

SB99-177 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of education.

Amendment No. 1, Appropriations Report, dated February 19, 1999, and placed in member's bill file; Report also printed in House Journal, February 22, 1999, page 544.

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

SB99-178 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the offices of the governor, lt. governor, and state planning and budgeting.

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

SB99-179 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of health care policy and finance.

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

SB99-180 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of human services.

Amendment No. 1, Appropriations Report, dated February 19, 1999, and placed in member's bill file; Report also printed in House Journal, February 22, 1999, page 544.

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

_______________

Committee in recess. Committee reconvened.

_______________

SB99-181 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the judicial department.

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

SB99-182 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of labor and employment.

Amendment No. 1, Appropriations Report, dated February 19, 1999, and placed in member's bill file; Report also printed in House Journal, February 22, 1999, pages 544-545.

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

SB99-183 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of law.

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

SB99-184 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the legislative department.

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

SB99-185 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of Local Affairs.

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

SB99-186 by Senators Lacy, Tanner, Owen; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of military affairs.

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

SB99-187 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of natural resources.

Amendment No. 1, Appropriations Report, dated February 19, 1999, and placed in member's bill file; Report also printed in House Journal, February 22, 1999, page 545.

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

SB99-188 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of personnel.

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

SB99-189 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of public health and environment.

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

SB99-190 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of public safety.

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

SB99-191 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of regulatory agencies.

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

SB99-192 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of revenue.

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

SB99-193 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of state.

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

SB99-194 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of transportation.

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

SB99-195 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of the treasury.

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

SB99-196 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning supplemental appropriations to capital construction.

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

SB99-197 by Senators Blickensderfer, Powers, Feeley; also Representatives Dean, George, Gordon--Concerning the payment of expenses of the legislative department, and making an appropriation in connection therewith.

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

HB99­1259 by Representative Kaufman­­Concerning presumptions related to certificates of limited partnership.

Amendment No. 1, Business Affairs & Labor Report, dated February 18, 1999, and placed in member's bill file; Report also printed in House Journal, February 19, pages 517-518.

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

HB99-1281 by Representatives McKay, King, Witwer--Concerning incentives for experienced licensed family child care home providers.

Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated February 15, 1999, and placed in member's bill file; Report also printed in House Journal, February 16, pages 472-473.

Amendment No. 2, Finance Report, dated February 18, 1999, and placed in member's bill file; Report also printed in House Journal, February 19, page 521.

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

HB99-1236 by Representative Chavez--Concerning repeal of the dead man's statute.

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

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: SB99-175, 176, 177 amended, 178, 179, 180 amended, 181, 182 amended, 183, 184, 185, 186, 187 amended, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, HB99-1259 amended, 1281 amended, 1236.

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 0 EXCUSED 1 VACANCY 1 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 E

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

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

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB99-1062.

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

SB99-063, amended as printed in Senate Journal, February 19, page 327;

SB99-106, amended as printed in Senate Journal, February 19, page 323;

SB99-129, amended as printed in Senate Journal, February 19, page 327;

SB99-156, amended as printed in Senate Journal, February 19, pages 323-326;

HB99-1014, amended as printed in Senate Journal, February 19, page 327;

HB99-1063, amended as printed in Senate Journal, February 19, page 327.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB99-063, 106, 129, 156, HB99-1014 and 1063.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, Consideration of SJR99-006 was laid over until February 23, retaining place on Calendar.

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., February 23, 1999.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk