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-ninth
Legislative Day Tuesday, February 23, 1999
Prayer by Pastor Dan Elliott, South
Presbyterian Church, Littleton.
The Speaker called the House to order at 9:00
a.m.
The roll was called with the following result:
Present--64.
Vacancy--1.
The Speaker declared a quorum present.
_______________
On motion of Representative Larson, the reading of the journal of February 22, 1999, was dispensed with and approved as corrected by the Chief Clerk.
REPORT OF COMMITTEE OF REFERENCE
APPROPRIATIONS
After consideration on the merits, the Committee
recommends the following:
HB99-1137 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 1, strike line 7 and substitute
the following:
"(j) (I) FOR ANY INCOME TAX
YEAR COMMENCING ON OR AFTER JANUARY 1, 2000, IF, BASED UPON THE
FINANCIAL REPORT PREPARED IN ACCORDANCE WITH SECTION 2477106.5,
C.R.S., THE CONTROLLER CERTIFIES THE AMOUNT OF STATE REVENUES
FOR THE STATE FISCAL YEAR ENDING IN THAT INCOME TAX YEAR EXCEED
THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION
20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION AND THE VOTERS
STATEWIDE HAVE EITHER NOT AUTHORIZED THE STATE TO RETAIN AND SPEND
ALL OF THE EXCESS STATE REVENUES OR HAVE AUTHORIZED THE STATE
TO RETAIN AND SPEND ONLY A PORTION OF THE EXCESS STATE REVENUES
FOR THAT FISCAL YEAR,".
Page 2, line 1, strike "1, 2000,";
after line 12, insert the following:
"(II) ANY STATE INCOME TAX MODIFICATION
ALLOWED PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH (j) SHALL
BE PUBLISHED IN RULES PROMULGATED BY THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT OF REVENUE IN ACCORDANCE WITH ARTICLE 4 OF TITLE
24, C.R.S., AND SHALL BE INCLUDED IN INCOME TAX FORMS FOR THAT
TAXABLE YEAR.
(III) IF ONE OR MORE BALLOT QUESTIONS
THAT SEEK AUTHORIZATION FOR THE STATE TO RETAIN AND SPEND ALL
OR ANY PORTION OF THE AMOUNT OF EXCESS STATE REVENUES FOR THE
IMMEDIATELY PRECEDING FISCAL YEAR ARE SUBMITTED TO THE VOTERS
AT A STATEWIDE ELECTION TO BE HELD IN NOVEMBER OF ANY CALENDAR
YEAR COMMENCING ON OR AFTER JANUARY 1, 2000, THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT OF REVENUE SHALL NOT PUBLISH RULES CONTAINING
ANY STATE INCOME TAX MODIFICATION ALLOWED PURSUANT TO THIS PARAGRAPH
(j) UNTIL SUCH RULES ARE ABLE TO REFLECT THE IMPACT OF THE RESULTS
OF SUCH ELECTION ON THE STATE INCOME TAX MODIFICATION ALLOWED
PURSUANT TO THIS PARAGRAPH (j).
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 THAN 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
THE 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.
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes:
SB99-099, amended as printed in Senate Journal, February 17, page 297.
_______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended, SB99-099.
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, Consideration of Third Reading (HB99-1199, 1163, 1204, 1244, 1274, 1288, 1251, 1275, 1213, 1215, 1217, 1218, 1247, 1265, 1268, 1284, 1216, 1267, 1269, 1004, 1174, 1231, 1277, 1279, 1256, 1250, 1214, 1307, 1289, 1226, 1234, 1253, 1283, 1304, 1225, 1310, 1227, SB99-175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 190, 191, 192, 193, 194, 195, 196, 197, HB99-1259, 1281, 1236) was laid over until February 24, retaining place on Calendar.
________________
On motion of Representative Taylor, 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.)
HB99-1206 by Representative
May; also Senator Powers--Concerning the continuation of the allocation
of the state sales and use tax to the highway users tax fund.
Laid over until March 1, retaining place on Calendar.
HB99-1285 by Representatives Lee, Clapp, Stengel, Allen, Dean, Fairbank, Hefley, King, Larson, Lawrence, May, McElhany, McKay, Mitchell, Nunez, Paschall, Pfiffner, Spradley, Webster; also Senator Andrews--Concerning school elections, and, in connection therewith, the election of school directors.
Amendment No. 1, by Representative
Lee.
Amend printed bill, page 2, strike lines 6 through
26.
Page 3, strike lines 1 and 2.
Renumber succeeding sections accordingly.
Page 3, strike lines 16 through 26.
Strike pages 4 through 12.
Renumber succeeding sections accordingly.
Page 16, line 13, strike "(2) (a), (2) (b) (I),
and (3)," and substitute "(2) (a), and (2) (b) (I),".
Page 18, strike lines 24 through 26.
Page 19, strike lines 1 through 4.
Page 28, strike lines 5 through 15 and substitute
the following:
"school director. (2) Any
person who desires to be a candidate for the office of school
director shall file a written notice of intention with the secretary
of the board of education of the school district in which the
person resides prior to sixtysix days before the election
date, together with a nomination petition according to the provisions
of section 14803 and part 9 of article 4 of title
1, C.R.S. NO PERSON WHO IS AN EMPLOYEE OF A SCHOOL DISTRICT SHALL
BE ELIGIBLE TO SERVE AS A SCHOOL DIRECTOR. AN EMPLOYEE OF A SCHOOL
DISTRICT WHO WISHES TO SERVE AS A SCHOOL DIRECTOR SHALL TERMINATE
HIS OR HER EMPLOYMENT WITH THE DISTRICT PRIOR TO BEING SWORN IN
TO THE OFFICE OF SCHOOL DIRECTOR.".
Page 31, line 11, strike "(1) (a), (2), (3),
and (4)," and substitute "(1) (a) and (3),";
strike lines 19 through 26.
Page 32, strike lines 1 through 7;
strike lines 21 through 25.
Page 36, line 7, strike "THE SECOND TUESDAY
OF JANUARY NEXT AFTER".
Page 42, line 12, strike "14803
and part 9 of article 4 of title 1, C.R.S.
2371114." and substitute "14803
and part 9 of article 4 of title 1, C.R.S.".
Page 43, strike lines 2 through 26.
Page 44, strike line 1.
Renumber succeeding sections accordingly.
Page 44, line 14, strike "section
14803 SECTION 2371114"
and substitute "section 14803".
Page 46, strike lines 14 through 26.
Page 47, strike lines 1 through 12.
Renumber succeeding sections accordingly.
As amended, declared lost on Second Reading.
HB99-1301 by Representatives
Mitchell, Alexander, Allen, Clarke, Coleman, Fairbank, Hefley,
Lee, Leyba, Morrison, Tochtrop; also Senator Owen--Concerning
a prohibition on the requirement of donation of professional services
as a condition of licensure in a regulated profession or occupation.
Amendment No. 1, by Representative
Leyba.
Amend printed bill, page 1, line 6, after "prohibited.",
insert "(1)".
Page 2, after line 6, insert the following:
"(2) THIS SECTION SHALL NOT BE CONSTRUED TO
PROHIBIT THE CREDITING OF REQUIRED HOURS OF CONTINUING EDUCATION
IN EXCHANGE FOR HOURS OF DONATED SERVICES BY A PERSON IN A REGULATED
PROFESSION OR OCCUPATION.".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB99-1261 by Representative
Tate--Concerning measures to correct underutilization of
protected classes in the state personnel system.
Amendment No. 1, Judiciary
Report, dated February 11, 1999, and placed in member's
bill file; Report also printed in House Journal, February 12,
page 449.
Amendment No. 2, by Representative
Tate.
Amend the Judiciary Committee Report, dated February
11, 1999, page 1, strike lines 1 and 2, and substitute the following:
"Amend printed bill, page 2, strike lines 3
and 4, and substitute the following:
"2450115.4. Underutilization
selection procedures legislative declaration. (1) THE
GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT:
(a) THE EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION REQUIRES A COMPELLING GOVERNMENTAL INTEREST TO JUSTIFY CLASSIFICATIONS BASED ON RACE;
(b) RACIAL PREFERENCES IN HIRING ARE SUBJECT
TO THE STRICT SCRUTINY STANDARD OF REVIEW BY THE COURTS, WHICH
REQUIRES EVIDENCE OF PAST DISCRIMINATION;
(c) THIS EVIDENTIARY STANDARD MAY BE MET
BY CONVINCING EVIDENCE OF STATISTICAL UNDERUTILIZATION OF PROTECTED
CLASS MEMBERS, AS DEFINED IN PARAGRAPH (c) OF SUBSECTION (2) OF
THIS SECTION, AND OTHER DIRECT EVIDENCE OF DISCRIMINATION;
(d) THE PROCEDURES CONTAINED IN THIS SECTION
WILL WORK TO ALLEVIATE THE STATISTICAL UNDERUTILIZATION OF PROTECTED
CLASS MEMBERS IN THE STATE PERSONNEL SYSTEM AND ARE NARROWLY TAILORED
TO MEET THAT PURPOSE; AND
(e) THE IMPLEMENTATION OF THE PROCEDURES
CONTAINED IN THIS SECTION SHOULD BE PERFORMED IN A MANNER THAT
COMPLIES WITH THE REQUIREMENTS OF FEDERAL AND STATE LAW.
(2) AS USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES:".
Renumber succeeding subsections accordingly.
Page 2 of the printed bill, line 23, after "RATE",
insert "SUBSTANTIALLY".".
strike lines 5 and 6 of the Report, and substitute
the following:
"Page 4 of the printed bill, line 9, strike
"(2) TO (5)" and substitute "(3) TO (5)";
line 10 of the printed bill, strike "DIRECTOR."
and substitute "DIRECTOR BASED ON CONVINCING EVIDENCE OF
UNDERUTILIZATION.";
line 13 of the printed bill, strike "(2) TO
(5)" and substitute "(3) TO (5)".".
Amendment No. 3, by Representative
McPherson.
Amend printed bill, page 1, strike line 1.
As amended, declared lost on Second Reading.
(For change in action, see Amendments to Report.)
HB99-1212 by Representative
Gotlieb; also Senator Arnold--Concerning the primary offense of
failure to wear a motor vehicle safety belt.
Amendment No. 1, by Representative
Gotlieb.
Strike the Transportation & Energy Committee
Report, dated February 10, 1999, and substitute the following:
"Amend printed bill, page 1, after line 8, insert
the following:
"SECTION 2. 424237, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
424237. Safety
belt systems mandatory use exemptions penalty.
(9) ON OR BEFORE FEBRUARY 1, 2004, THE TRANSPORTATION
& ENERGY COMMITTEE OF THE HOUSE AND THE TRANSPORTATION COMMITTEE
OF THE SENATE OF THE GENERAL ASSEMBLY SHALL REVIEW THE EFFECTIVENESS
OF THE PRIMARY ENFORCEMENT OF SAFETY BELTS UNDER THIS SECTION,
INCLUDING, BUT NOT LIMITED TO, A REVIEW OF THE GENERAL RATE FILINGS
SUBMITTED TO THE COMMISSIONER OF INSURANCE BY INSURERS PURSUANT
TO SECTION 104706 (1) (f), C.R.S. IF EITHER COMMITTEE
FINDS THAT THE PRIMARY ENFORCEMENT OF SAFETY BELTS UNDER THIS
SECTION HAS BEEN INEFFECTIVE, THEN A BILL MAY BE INTRODUCED TO
REENACT THE SECONDARY ENFORCEMENT OF SAFETY BELTS.".
Renumber succeeding sections accordingly.".
Amendment No. 2, by Representative
Tate.
Amend printed bill, page 1, before line 9, insert
the following:
"SECTION 3. 424237
(2), Colorado Revised Statutes, is amended, and the said 424237
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
424237. Safety
belt systems mandatory use exemptions penalty.
(2) Unless exempted pursuant to subsection (3) of
this section, every driver of and every front seat passenger in
a motor vehicle equipped with a safety belt system shall wear
a fastened safety belt while the motor vehicle is being operated
on a street or highway in this state. THE FAILURE OF A DRIVER
OF, OR A FRONT SEAT PASSENGER IN, A MOTOR VEHICLE TO WEAR A FASTENED
SAFETY BELT SHALL NOT CONSTITUTE PROBABLE CAUSE FOR A LAW ENFORCEMENT
OFFICER TO ARREST THE DRIVER OR PASSENGER OR TO CONDUCT A SEARCH
OF A MOTOR VEHICLE, ITS CONTENTS, THE DRIVER, OR ANY PASSENGER.
(10) FROM JULY 1, 1999 TO DECEMBER 1,
1999, NO DRIVER IN A MOTOR VEHICLE SHALL BE CITED FOR A VIOLATION
OF SUBSECTION (2) OF THIS SECTION UNLESS SUCH DRIVER WAS STOPPED
BY A LAW ENFORCEMENT OFFICER FOR AN ALLEGED VIOLATION OF ARTICLES
1 TO 4 OF THIS TITLE OTHER THAN A VIOLATION OF SUBSECTION (2)
OF THIS SECTION; EXCEPT THAT A DRIVER IN VIOLATION OF SUBSECTION
(2) OF THIS SECTION MAY BE ISSUED A WARNING NOTICE OF VIOLATION
OF THE SAFETY BELT REQUIREMENT UNDER THIS SECTION.".
Renumber succeeding sections accordingly.
As amended, declared lost on Second Reading.
(For change in action, see Amendments to Report.)
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.
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.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB99-1290 by Representatives
Kaufman, McElhany; also Senator Evans--Concerning the limitation
of civil actions involving breaches of fiduciary duty.
Amendment No. 1, by Representative
Kaufman.
Strike the Judiciary Committee Report, dated February
16, 1999, and substitute the following:
"Amend printed bill, page 2, strike lines 10
through 18, and substitute the following:
"(2) (a) NOTWITHSTANDING SUBSECTION
(1) OF THIS SECTION, ALL COMMON LAW CIVIL CAUSES OF ACTION FOR
BREACH OF FIDUCIARY OBLIGATION AGAINST AN INDIVIDUAL ACTING ON
BEHALF OF A RELIGIOUS ORGANIZATION ARE LIMITED TO CAUSES OF ACTION
AGAINST AN INDIVIDUAL WHO HAS BEEN ENTRUSTED WITH AND ACCEPTED
A FINANCIAL OR PROPERTY INTEREST OF ANOTHER AND WHO HAS VIOLATED
THAT TRUST, OR AGAINST AN INDIVIDUAL IN A POSITION OF TRUST WHO
HAS ACTUALLY ENGAGED IN PHYSICAL OR SEXUAL ABUSE OF OR CONDUCT
FOR THE PURPOSES OF SEXUAL GRATIFICATION WITH ANOTHER INDIVIDUAL,
OR AGAINST A PERSON DESIGNATED AS A FIDUCIARY BY STATUTE.
(b) NOTWITHSTANDING SUBSECTION (1) OF
THIS SECTION, ALL COMMON LAW CIVIL CAUSES OF ACTION FOR BREACH
OF FIDUCIARY OBLIGATION AGAINST A RELIGIOUS ORGANIZATION, OR FOR
VICARIOUS LIABILITY AGAINST A RELIGIOUS ORGANIZATION ARISING OUT
OF A BREACH OF FIDUCIARY OBLIGATION, ARE LIMITED TO CAUSES OF
ACTION AGAINST A RELIGIOUS ORGANIZATION THAT HAS BEEN ENTRUSTED
WITH AND ACCEPTED A FINANCIAL OR PROPERTY INTEREST OF ANOTHER
AND WHICH HAS VIOLATED THAT TRUST, OR AGAINST A PERSON DESIGNATED
AS A FIDUCIARY BY STATUTE.
(c) FOR PURPOSES OF THIS SUBSECTION (2),
"RELIGIOUS ORGANIZATION" MEANS A RELIGIOUS ORGANIZATION
QUALIFIED PURSUANT TO SECTION 501 (c) (3) OF THE FEDERAL INTERNAL
REVENUE CODE.".".
Amendment No. 2, by Representative
Kaufman.
Amend printed bill, page 2, strike lines 2 and 3,
and substitute the following:
"LIMITED AS SET FORTH IN SECTION 151113.".
As amended, 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.
Amendment No. 1, Transportation
& Energy Report, dated February 17, 1999, and placed in member's
bill file; Report also printed in House Journal, February 18,
page 499.
Amendment No. 2, by Representative
Veiga.
Amend the Transportation and Energy Committee Report,
dated February 17, 1999, page 1, strike lines 3 through 6, and
substitute the following:
""(2.5) "CONVERTER" MEANS A
PERSON OTHER THAN A NAMED INSURED WHO OPERATES A MOTOR VEHICLE
IN A MANNER THAT A REASONABLE PERSON WOULD DETERMINE WAS UNAUTHORIZED
OR BEYOND THE SCOPE OF PERMISSION GIVEN BY A NAMED INSURED OR
RESIDENT RELATIVE. IN DETERMINING WHETHER A PERSON IS A CONVERTER,
THE FOLLOWING FACTORS SHOULD BE CONSIDERED:
(a) THE DURATION OF THE PERSON'S CONTROL OVER THE
VEHICLE;
(b) THE PERSON'S INTENT TO OPERATE OR USE THE MOTOR
VEHICLE IN A WAY THAT IS INCONSISTENT WITH THE INTENDED OPERATION
OR USE OF THE VEHICLE BY THE NAMED INSURED OR RESIDENT RELATIVE;
(c) THE PERSON'S GOOD FAITH.".".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB99-1294 by Representative
Ragsdale; also Senator Lacy--Concerning the establishment
of a procedure to include additional areas within certain special
district boundaries.
Amendment No. 1, Local
Government Report, dated February 15, 1999, and placed in member's
bill file; Report also printed in House Journal, February 17,
pages 479-481.
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.
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.
________________
On motion of Representative Taylor, the House resolved itself into Committee of the Whole for continuation of consideration of General Orders, and he returned to the Chair to act as Chairman.
________________
GENERAL ORDERS--SECOND READING OF BILLS
(Continued)
HB99-1263 by Representatives
May, Paschall, Stengel, Alexander, Allen, Berry, Clapp, Dean,
Decker, Fairbank, Gotlieb, Hefley, Johnson, Kaufman, Kester, King,
Larson, Lee, McElhany, McKay, McPherson, Mitchell, Morrison, Nunez,
Pfiffner, Sinclair, Smith, Spence, Sullivant, Swenson, Tool, Webster,
Williams T., Witwer, Young, Hoppe; also Senators Owen, Andrews,
Arnold, Congrove, Epps, Hillman, Tebedo, Blickensderfer, Evans,
Grampsas, Lamborn, Musgrave, Teck--Concerning the prohibition
of discrimination against employees based upon labor union participation.
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 (SB99-002, 005, 032, 015, 024, 101, 057, 131) was laid over until February 24, retaining place on Calendar.
_______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representative Allen moved to amend the Report of
the Committee of the Whole to show that HB991294, as
amended, did not pass.
The amendment was declared lost by the following
roll call vote:
YES 29 NO 35 EXCUSED 0 VACANCY 1 ABSENT 0
|
Alexander Y Allen Y Bacon N Berry Y Chavez N Clapp Y Clarke N Coleman N Dean YDecker Y Fairbank Y Gagliardi N Gordon N Gotlieb N Grossman N Hagedorn N | Hefley Y Hoppe N Johnson N Kaufman N Keller N Kester N King Y Larson Y Lawrence Y Lee Y Leyba N Mace N May Y McElhany Y McKay Y McPherson N | Miller N Mitchell Y Morrison N Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman N Sinclair Y Smith N Spence Y Spradley Y Stengel Y
Swenson Y | Takis N Tapia N Tate N Taylor Y Tochtrop N Tool N Tupa Y Veiga N Vigil N Webster Y Williams, S. N Williams, T. N Windels N Witwer Y Young Y Zimmerman N | |||
| Mr. Speaker N |
Representative Gotlieb moved to amend the Report
of the Committee of the Whole to show that HB991212,
as amended, did pass.
The amendment was declared passed by the following
roll call vote:
YES 33 NO 31 EXCUSED 0 VACANCY 1 ABSENT 0
|
Alexander N Allen N Bacon Y Berry N Chavez Y Clapp N Clarke Y Coleman Y Dean N Decker N Fairbank N Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y | Hefley N Hoppe Y Johnson N Kaufman Y Keller Y Kester N King N Larson Y Lawrence N Lee N Leyba Y Mace Y May Y McElhany N McKay Y McPherson N | Miller N Mitchell N Morrison Y Nuñez N Paschall N Pfiffner N Plant N Ragsdale Y Saliman Y Sinclair N Smith N Spence N Spradley N Stengel Y
Swenson Y | Takis N Tapia Y Tate Y Taylor N Tochtrop N Tool Y Tupa N Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young N Zimmerman N | |||
| Mr. Speaker Y |
Representatives Tate and Leyba moved to amend the
Report of the Committee of the Whole to show that Amendment No.
3, by Representative McPherson, printed in House Journal page
560, lines 37 through 39, to HB991261, did not pass, and
that HB991261, as amended, did pass.
The amendment was declared passed by the following
roll call vote:
YES 33 NO 31 EXCUSED 0 VACANCY 1 ABSENT 0
|
Alexander N Allen N Bacon Y Berry N Chavez Y Clapp N Clarke Y Coleman YDean N Decker N Fairbank N Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y | Hefley N Hoppe N Johnson N Kaufman Y Keller Y Kester Y King N Larson N Lawrence N Lee N Leyba Y Mace Y May Y McElhany N McKay N McPherson N | Miller Y Mitchell N Morrison Y Nuñez N Paschall N Pfiffner N Plant Y Ragsdale Y Saliman Y Sinclair N Smith N Spence N Spradley N Stengel N
Swenson Y | Takis Y Tapia Y Tate Y Taylor N Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. N Windels Y Witwer N Young N Zimmerman Y | |||
| Mr. Speaker Y |
Representative T. Williams moved to amend the Report
of the Committee of the Whole to show that Amendments No. 1 and
2, printed in House Journal page 562, lines 13 through 51, to
HB99-1290, did not pass, that the Judiciary Committee Report dated
February 16, 1999, did pass, and that HB99-1290, as amended,
did pass.
The amendment was declared lost by the following
roll call vote:
YES 16 NO 48 EXCUSED 0 ABSENT 0
|
Alexander Y Allen N Bacon N Berry Y Chavez N Clapp N Clarke N Coleman N Dean N Decker Y Fairbank N Gagliardi N Gordon N Gotlieb N Grossman N Hagedorn N | Hefley Y Hoppe Y Johnson Y Kaufman N Keller N Kester N King N Larson N Lawrence N Lee Y Leyba N Mace N May N McElhany Y McKay Y McPherson N | Miller N Mitchell N Morrison N Nuñez N Paschall N Pfiffner Y Plant N Ragsdale N Saliman N Sinclair N Smith N Spence N Spradley Y Stengel Y
Swenson N | Takis N Tapia N Tate N Taylor N Tochtrop N Tool N Tupa N Veiga N Vigil N Webster Y Williams, S. N Williams, T. Y Windels N Witwer Y Young Y Zimmerman N | |||
| Mr. Speaker N |
Representative Lee moved to amend the Report of the
Committee of the Whole to show that HB991285, as amended,
did pass.
The amendment was declared lost by the following
roll call vote:
YES 24 NO 39 EXCUSED 1 VACANCY 1 ABSENT 0
|
Alexander Y Allen Y Bacon N Berry N Chavez N Clapp Y Clarke EColeman N Dean Y Decker Y Fairbank Y Gagliardi N Gordon N Gotlieb Y Grossman N Hagedorn N | Hefley Y Hoppe N Johnson Y Kaufman N Keller N Kester N King Y Larson Y Lawrence N Lee Y Leyba N Mace N May Y McElhany Y McKay Y McPherson Y | Miller N Mitchell Y Morrison N Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman N Sinclair Y Smith N Spence N Spradley N Stengel Y
Swenson Y | Takis N Tapia N Tate N Taylor N Tochtrop N Tool N Tupa N Veiga N Vigil N Webster N Williams, S. N Williams, T. N Windels N Witwer Y Young N Zimmerman N | |||
| Mr. Speaker N |
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB99-1301 amended, 1261
amended, 1212 amended, 1243 amended, 1290 amended, 1239
amended, 1294 amended, 1263.
Lost on Second Reading: HB99-1285 amended.
Laid over until date indicated retaining place on Calendar: SB99-002, 005, 032, 015, 024, 101, 057, 131--February 24, 1999.
HB99-1206--March 1, 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 0 EXCUSED 1 VACANCY 1 ABSENT 0
|
Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke E 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
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 |
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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB99-1055.
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MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes:
SB99-072, amended as printed in Senate Journal, February 22, page 335.
_________
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes:
SB99-161, amended as printed in Senate Journal, February 12, pages 253 and 254, and February 22, page 336.
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MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended, SB99-161; and, with comment, as amended, SB99-072.
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LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, the following items
on the Calendar were laid over until February 24, retaining place
on Calendar:
Consideration of Resolution--SJR99-006.
Consideration of Senate Amendments--HB99-1014, 1063.
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On motion of Representative Dean, the House adjourned
until 9:00 a.m., February 24, 1999.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk