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.

Third Legislative Day Friday, January 8, 1999

Prayer by Father Ed Judy, Samaritan House, Denver.

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

The roll was called with the following result:

Present--63.

Absent and excused--Representatives Kaufman, Paschall--2.

The Speaker declared a quorum present.

On motion of Representative Clapp, the reading of the journal of January 7, 1999, was dispensed with and approved as corrected by the Chief Clerk.

Mr. Speaker:

The Senate has adopted and returns herewith: HJR99-1001. Pursuant to the resolution, the President appointed Senators Anderson and Dyer.

The Senate has adopted and returns herewith: HJR99-1002. Pursuant to the resolution, the President appointed Senators Epps and Linkhart.

The Chief Clerk reports the following bills have been correctly printed: HB99-1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096; 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, and 1108.

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

HB99-1108 by Representatives Miller, Taylor--Concerning the permanent extension of the increased threshold for the tonnage exemption for coal from the severance tax.

Committee on Finance

HB99-1109 by Representatives Kester, Paschall, S. Williams; also Senators Hillman, Feeley, Musgrave--Concerning a description of the nutritional remedial measures that may be taken by licensed chiropractors.

Committee on Health, Environment, Welfare, & Institutions

HB99-1110 by Representatives Fairbank, Dean--Concerning the "Fair Campaign Practices Act", article 45 of title 1, Colorado Revised Statutes.

Committee on State, Veterans, & Military Affairs

The following resolution was read by title and laid over one day under the rules:

HR99-1005 by Representative Dean--Concerning changes to the House Rules.

Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado:

That Rule 16 of the Rules of the House of Representatives is amended to read:

(a) The previous question may be moved upon all recognized motions or amendments which are debatable; it may be moved upon a single motion or amendment pending, or upon a series of motions and amendments pending, or upon part of them.

(b) The previous question shall be stated in this manner: "Shall the main question be now put?" and, until it be decided, it shall preclude all amendments or debate; if decided in the negative, the main question shall be considered as still remaining under debate, but if decided in the affirmative by a majority vote of all members elected, it shall put an end to all debate and bring the House to a direct vote upon all motions and amendments involved, in the inverse order in which they were offered.

(c) When a motion for the previous question has prevailed, and prior to a decision upon the main question upon which it was ordered, it shall not be in order to move for a call of the House unless it shall appear by the ayes and noes on the main question that a quorum is not present until the main question has been decided. However, if the main question is not decided because the vote thereon indicates that a quorum is no longer present, it shall be in order to move for a call of the House.

That Rule 18 of the Rules of the House of Representatives is amended to read:

(a) No member shall absent himself from a session of the House unless he shall be sick and unable to attend, or unless he shall have secured consent of the House to be excused from the session. If absent without being sick or having been excused, the sergeant-at-arms may be sent for him and may take him into custody and bring him forthwith to the House chamber; and the expense thereof shall be assessed to such member, and a reprimand, fine, or other disciplinary measure may be imposed upon him.

(b) When roll is called at the beginning of a legislative day, the chief clerk shall make a note in the journal when a member has been excused for the day to attend to other legislative duties. In addition, the chief clerk shall make a similar note in the journal when a member is present for the beginning roll call but is subsequently excused to attend to other legislative duties and a recorded vote is taken.

That Rule 20 (d) and (e) of the Rules of the House of Representatives are amended to read:

(d) When the electric roll call system is utilized for the taking of the ayes and noes, the presiding officer shall state the question and announce: "All those in favor shall vote aye; all those opposed shall vote no. The House members will proceed to vote."

When sufficient time has been allowed for each member to vote, the presiding officer shall ask: "Have all members present voted?" The presiding officer shall then direct the chief clerk to lock close the machine and record the vote. When the vote has been completely recorded, the presiding officer shall announce the result to the House.

(e) A member may change his vote until the machine has been ordered locked closed by the presiding officer. It shall be the responsibility of each member to determine the accuracy of his vote as registered opposite his name on the electric roll call board. Except as otherwise provided for in House Rule 18 (b), votes of absent or excused members shall be recorded only as absent or excused.

That Rule 21 of the Rules of the House of Representatives is amended to read:

(a) Every member who shall be within the House chamber when a question shall be stated from the chair shall vote thereon, unless he shall be directly interested in the question or shall have been excused from voting by the House; but, when a vote is taken without the use of the electric roll call system, no member shall be obliged to vote upon any question unless he shall be within the House chamber when his name shall be called.

(b) A request by a member to be excused from voting shall be made before the call for the ayes and noes has begun; any member desiring to be excused from voting on a question shall make a brief statement of his reasons, and the question shall be put without further debate.

(c) A member who has an immediate personal or financial interest in any bill or measure proposed or pending before the General Assembly shall disclose the fact to the House, and shall not vote upon such bill or measure.

(d) When a vote is taken without the use of the electric roll call system, a member shall be allowed to change his vote before the result has been announced, but not thereafter.

(e) A member shall not be compelled by a majority of a political caucus to cast his vote for or against any legislative measure.

That Rule 23 of the Rules of the House of Representatives is amended to read:

(a) No member shall walk across or out of the House chamber while the Speaker is putting the question.

(b) No member shall engage in loud private discourse or commit any other act tending to distract the attention of the House from the business before it.

(c) Should any member, in speaking or otherwise, transgress the rules of the House, the Speaker on his own initiative, or upon the objection of another member, may call him to order whereupon, subject to his right to appeal from a decision of the chair as in other cases, he shall immediately sit quietly in his place.

(d) When speaking or debating before the House, a member shall confine his remarks to the question under discussion or debate, avoiding personalities.

(e) When the General Assembly is in session, members and such employees as authorized by the chief clerk shall be the only persons to use the center aisle of the House chambers, the aisles between the member's desks, and the well of the House chambers immediately in front of the House front desk. The center aisle of the House chambers and the well of the House chambers may also be used during joint sessions by Senators and by such guests as may be authorized by the Speaker.

(f) Members shall be the only persons to use the chairs provided for the use of the members in the House chambers. However, a member may authorize a Senator to use his or her chair during joint sessions or an immediate family member to use his or her chair during special ceremonies.

(g) Whenever the House is conducting business in the House chambers, gentlemen members shall be required to wear a suit coat or sport coat. The requirement to wear a suit coat or sport coat may be suspended by the chair when the House is sitting as a committee of the whole or by the Speaker when the Speaker deems suspension appropriate. The majority party leader shall develop guidelines for proper dress for members and staff attending to legislative business in the House chambers and assure that such guidelines are communicated to the members and staff.

That Rule 25 (j) of the Rules of the House of Representatives is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

(j) All committees of reference, as listed in (a) above, shall observe the following rules of procedure:

(1.5) The chairman of a committee of reference may delegate any duty or responsibility provided for in this subsection (j) to the vice-chairman of the committee.

That Rule 29 (b) of the Rules of the House of Representatives is amended to read:

The course of every bill in its introduction, reference, consideration, and passage through the House shall be as follows:

(b) Reference of the bill by the Speaker, by number only, to the appropriate committee of reference, not later than the close of the next day of actual session on the third calendar day following deposit of the bill with the chief clerk. The Speaker may refer the bill to two separate committees of reference in succession if in his judgment the subject matter of the bill so requires.

That Rule 51 of the Rules of the House of Representatives is amended to read:

(a) Smoking is prohibited in the House chambers, rooms adjoining the House chambers, House lounge, House rest rooms, House gallery, House committee rooms, lobbies adjacent to such committee rooms, and all areas that provide immediate access to such chambers, adjoining rooms, lounge, rest rooms, gallery, porch area, committee rooms, and lobbies. When the House is not in session or is in a recess, smoking is permitted in the porch area.

(b) As used in this rule, "smoking" includes the carrying of a lighted pipe, lighted cigar, or lighted cigarette of any kind and includes the lighting of a pipe, cigar, or cigarette of any kind.

The Speaker announced the appointment of Representative Ament as Presiding Officer.

HJR99-1003 by Representative George; also Senator Powers--Concerning the appointment of members of the Colorado Commission on Uniform State Laws.

(Printed and placed in Member's files: also printed in House Journal, January 7, page 58.)

On motion of Representative George, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Alexander, Gotlieb, Larson, Swenson, Taylor, Young.

On motion of Representative Dean, the House adjourned until 10:00 a.m., January 11, 1999.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk