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
Fifteenth Legislative
Day Wednesday, January 20, 1999
Prayer by Rabbi Yaakov Chaitovsky, BMH-BJ
Congregation, Denver.
The Speaker Pro Tempore called the House to order
at 9:00 a.m.
The roll was called with the following result:
Present--63.
Vacancy--1.
Absent and excused--Representative George--1.
The Speaker Pro Tempore declared a quorum present.
_______________
On motion of Representative Decker, the reading of the journal of January 19, 1999, was dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEES OF REFERENCE
EDUCATION
After consideration on the merits, the Committee
recommends the following:
HB99-1004 be amended
as follows, and as so amended, be referred to the Committee on
Finance with favorable recommendation:
Amend printed bill, page 2, line 17, strike "1999,"
and substitute "2000,";
line 18, strike "2002," and substitute
"2003," .
Page 4, line 17, after "FACILITIES;", insert
"AND";
line 20, strike "MATERIALS;" and substitute
"MATERIALS.";
strike lines 21 through 23;
line 26, strike "IN".
Page 5, strike lines 1 and 2;
line 3, strike "ISSUED BY THE SCHOOL DISTRICT.";
line 13, strike "2003." and substitute
"2004.".
Page 6, line 18, strike "2003." and substitute
"2004.".
HB99-1042 be postponed
indefinitely.
HB99-1047 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 7, strike "institution.
or any branch"
and substitute "institution or any branch".
Page 2, strike lines 1 through 15 and substitute
the following:
"program of an institution of higher education
whose principal campus and facilities are located outside this
state, UNLESS THE INSTITUTION OPERATING THE BRANCH PROGRAM HAS
RECEIVED A CERTIFICATE OF APPROVAL FROM THE PRIVATE OCCUPATIONAL
SCHOOL DIVISION IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 59
OF TITLE 12, C.R.S.
SECTION 2. 233.7102
(3), Colorado Revised Statutes, is amended to read:
233.7102. Definitions.
As used in this article, unless the context otherwise requires:
(3) "Nonpublic institution of higher
education" means an institution of higher education operating
in this state which
THAT:
(a) Receives no support from general fund
moneys in support of its operating costs;
(b) Admits as regular students only persons
having a certification of graduation from a school providing secondary
education or the recognized equivalent of such a certificate;
(c) Is accredited by a nationally recognized
accrediting agency or association AND, IN THE CASE OF PRIVATE
OCCUPATIONAL SCHOOLS, HOLDS A CERTIFICATE OF APPROVAL FROM THE
PRIVATE OCCUPATIONAL SCHOOL DIVISION IN ACCORDANCE WITH THE PROVISIONS
OF ARTICLE 59 OF TITLE 12, C.R.S., OR IS REGULATED OR APPROVED
PURSUANT TO ANY OTHER STATUTE;
(d) (I) Provides an educational program
for which it awards a bachelor's degree or a graduate degree;
OR
(II) PROVIDES NOT LESS THAN A TWOYEAR
PROGRAM THAT IS ACCEPTABLE FOR FULL CREDIT TOWARDS SUCH A DEGREE;
OR
(III) PROVIDES NOT LESS THAN A ONEYEAR PROGRAM OF TRAINING TO PREPARE STUDENTS FOR GAINFUL EMPLOYMENT IN A RECOGNIZED OCCUPATION; OR
(IV) IS A PRIVATE OCCUPATIONAL SCHOOL
PROVIDING NOT LESS THAN A SIXMONTH PROGRAM OF TRAINING TO
PREPARE STUDENTS FOR GAINFUL EMPLOYMENT IN A RECOGNIZED OCCUPATION;
AND
(e) Is not
either a proprietary institution or an institution operated for
profit; and
(f) Is not a pervasively sectarian or
theological institution or any branch program or campus of an
institution of higher education whose principal campus and facilities
are located outside this state, UNLESS THE INSTITUTION OPERATING
THE BRANCH PROGRAM HAS RECEIVED A CERTIFICATE OF APPROVAL FROM
THE PRIVATE OCCUPATIONAL SCHOOL DIVISION IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE 59 OF TITLE 12, C.R.S.".
HB99-1176 be referred
to the Committee of the Whole with favorable recommendation.
HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS
After consideration on the merits, the Committee
recommends the following:
HB99-1051 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 4, line 8, strike ""BOTANICAL
REMEDIES" MEANS REMEDIES" and substitute ""BOTANICALS"
MEANS SUBSTANCES";
line 10, after "SUBSTANCES", insert "THAT
DO NOT REQUIRE PRESCRIPTIVE AUTHORITY";
line 19, after the period, insert ""HYDROTHERAPY"
DOES NOT INCLUDE THE USE OF COLONICS.";
after line 21, insert the following:
"(7) "NATUROPATHIC MUSCULOSKELETAL
THERAPY" MEANS THE THERAPEUTIC USE OF THE PHYSICAL AGENTS
OF AIR, WATER, HEAT, COLD, SOUND, LIGHT, AND ELECTROMAGNETIC NONIONIZING
RADIATION AND THE PHYSICAL MODALITIES OF ELECTROTHERAPY, DIATHERMY,
ULTRAVIOLET LIGHT, ULTRASOUND, HYDROTHERAPY, THERAPEUTIC EXERCISE,
AND MANUAL TREATMENT OF THE MUSCULOSKELETAL SYSTEM.";
line 22, strike "(7)" and substitute "(8)";
strike lines 24 through 26.
Page 5, strike lines 1 through 3;
line 14, strike "BOTANICAL REMEDIES," and substitute "BOTANICALS,";
line 15, strike "PHYSIOTHERAPY," and substitute
"MUSCULOSKELETAL THERAPY,";
line 17, after "AUTHORITY", insert "OR
THE AUTHORITY TO PERFORM THE EQUIVALENT OF A GRADE FIVE MOBILIZATION
OR CHIROPRACTIC MANIPULATION OR ADJUSTMENT".
Page 6, strike lines 24 and 25 and substitute the
following:
"COLLEGE AND HAVE SUCCESSFULLY COMPLETED AN
EXAMINATION".
Page 7, line 3, strike "DIVISION; AND"
and substitute "DIVISION; OR
(b) HAVE A VALID, UNSUSPENDED, AND UNREVOKED
LICENSE OR REGISTRATION ISSUED BY A DULY CONSTITUTED REGULATORY
AUTHORITY UNDER THE LAWS OF ANOTHER STATE OR OF ANY TERRITORY
OF THE UNITED STATES WHOSE REGULATORY STANDARDS ARE SUBSTANTIALLY
EQUIVALENT TO OR HIGHER THAN THOSE OF THIS STATE; AND";
strike lines 9 through 15.
Page 11, after line 12, insert the following:
"(f) IF, AS A RESULT OF AN INVESTIGATION
OR A COMPLAINT BY ANY PERSON OR OF AN INVESTIGATION ON THE DIRECTOR'S
OWN MOTION, THE DIRECTOR DETERMINES THAT ANY PERSON WHO IS ACTING
OR HAS ACTED WITHOUT THE REQUIRED REGISTRATION OR IS IN VIOLATION
OF THIS ARTICLE, THE DIRECTOR MAY ISSUE AN ORDER TO CEASE AND
DESIST SUCH ACTIVITY. THE ORDER SHALL SET FORTH THE STATUTES
AND RULES ALLEGED TO HAVE CONSTITUTED THE VIOLATION, AND THE REQUIREMENT
THAT ALL UNLAWFUL ACTS CEASE FORTHWITH. THE PERSON SO ORDERED
MAY REQUEST A HEARING ON THE QUESTION OF WHETHER ANY VIOLATION
OCCURRED IF SUCH REQUEST IS MADE WITHIN THIRTY DAYS AFTER THE
DATE OF SERVICE OF THE ORDER TO CEASE AND DESIST. THE HEARING
SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
4 OF TITLE 24, C.R.S. IN THE EVENT THAT ANY PERSON FAILS TO COMPLY
WITH A CEASE AND DESIST ORDER, THE DIRECTOR MAY REQUEST THE ATTORNEY
GENERAL OR THE DISTRICT ATTORNEY FOR THE JUDICIAL DISTRICT IN
WHICH THE ALLEGED VIOLATION OCCURRED TO BRING A SUIT FOR A TEMPORARY
RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF TO PREVENT ANY FURTHER
OR CONTINUED VIOLATION OF THE ORDER. NO STAY OF A CEASE AND DESIST
ORDER SHALL BE ISSUED BEFORE A HEARING THEREON INVOLVING ALL PARTIES.".
HB99-1088 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, strike everything below the enacting
clause, and substitute the following:
"SECTION 1. 1016104 (1) (c) (I) and (1) (c) (II) (A), Colorado Revised Statutes, are amended, and the said 1016104 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1016104. Mandatory coverage
provisions. (1) Newborn
children. (c) (I) EXCEPT AS PROVIDED FOR
CLEFT LIP AND CLEFT PALATE COVERAGE IN SUBSUBPARAGRAPH (A)
OF SUBPARAGRAPH (II) OF THIS PARAGRAPH (c), the coverage
for BENEFITS AVAILABLE TO newborn
children shall consist of coverage of injury or sickness, including
the ALL
MEDICALLY necessary care and treatment of medically diagnosed
congenital defects and birth abnormalities FOR THE FIRST THIRTYONE
DAYS OF THE NEWBORN'S LIFE, NOTWITHSTANDING POLICY LIMITATIONS
AND EXCLUSIONS APPLICABLE TO OTHER CONDITIONS OR PROCEDURES COVERED
BY THE POLICY. Except as provided in subsubparagraph (C)
of subparagraph (II) of this paragraph (c), such coverage shall
be subject to the same
copayment, deductible, and aggregate dollar limit
provisions as POLICY MAXIMUMS THAT
ARE NO HIGHER THAN are generally applicable under the policy to
all other sicknesses, diseases, and conditions otherwise covered
under the policy.
(II) (A) With regard to newborn children
born with cleft lip or cleft palate or both, THERE SHALL BE NO
AGE LIMIT ON BENEFITS FOR SUCH CONDITIONS, AND care and treatment
shall include to the extent medically necessary: Oral and facial
surgery, surgical management, and followup care by plastic
surgeons and oral surgeons; prosthetic treatment such as obturators,
speech appliances, and feeding appliances; medically necessary
orthodontic treatment; medically necessary prosthodontic treatment;
habilitative speech therapy; otolaryngology treatment; and audiological
assessments and treatment.
(1.7) Therapies for congenital defects
and birth abnormalities. (a) AFTER THE FIRST THIRTYONE
DAYS OF LIFE, POLICY LIMITATIONS AND EXCLUSIONS THAT ARE GENERALLY
APPLICABLE UNDER THE POLICY MAY APPLY; EXCEPT THAT ALL INDIVIDUAL
AND GROUP HEALTH BENEFIT PLANS SHALL PROVIDE MEDICALLY NECESSARY
PHYSICAL, OCCUPATIONAL, AND SPEECH THERAPY FOR THE CARE AND TREATMENT
OF CONGENITAL DEFECTS AND BIRTH ABNORMALITIES FOR COVERED CHILDREN
UP TO FIVE YEARS OF AGE.
(b) THE LEVEL OF BENEFITS REQUIRED IN
PARAGRAPH (a) OF THIS SUBSECTION (1.7) SHALL BE THE GREATER OF
THE NUMBER OF SUCH VISITS PROVIDED UNDER THE POLICY OR PLAN OR
TWENTY THERAPY VISITS PER YEAR EACH FOR PHYSICAL THERAPY, OCCUPATIONAL
THERAPY, AND SPEECH THERAPY. SAID THERAPY VISITS SHALL BE DISTRIBUTED
AS MEDICALLY APPROPRIATE THROUGHOUT THE YEARLY TERM OF THE POLICY
OR YEARLY TERM OF THE ENROLLEE COVERAGE CONTRACT, WITHOUT REGARD
TO WHETHER THE CONDITION IS ACUTE OR CHRONIC AND WITHOUT REGARD
TO WHETHER THE PURPOSE OF THE THERAPY IS TO MAINTAIN OR TO IMPROVE
FUNCTIONAL CAPACITY.
(c) THE COVERAGE DESCRIBED IN THIS SUBSECTION
(1.7) IS SUBJECT TO THE PROVISIONS OF SECTION 1016118
(1) (b).
SECTION 2. Effective date applicability.
This act shall take effect January 1, 2000, and shall apply to
health care policies and contracts issued, modified, or renewed
on or after said date.
SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".
LOCAL GOVERNMENT
After consideration on the merits, the Committee
recommends the following:
HB99-1065 be referred
to the Committee of the Whole with favorable recommendation.
HB99-1080 be referred
to the Committee of the Whole with favorable recommendation.
HB99-1149 be referred to the Committee of the Whole with favorable recommendation.
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PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB99-1210, 1211, and 1212.
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INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB99-1211 by Representatives Kaufman, Tool, Johnson, Bacon, Plant, Saliman, Swenson, Tupa, Zimmerman--Concerning additional county court judges, and, in connection therewith, creating one new county court judge in each of the counties of Boulder and Larimer.
Committee on Judiciary
HB99-1212 by Representative Gotlieb; also Senator Arnold--Concerning the primary offense of failure to wear a motor vehicle safety belt.
Committee on Transportation & Energy
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MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes: SB99-017, 037, and 066;
SB99-002, amended as printed in Senate Journal, January 18, page 72;
SB99-031, amended as printed in Senate Journal, January 18, pages 7172;
SB99-039, amended as printed in Senate Journal, Janaury 18, page 72;
SB99-044, amended as printed in Senate Journal, January 18, page 72;
SB99-046, amended as printed in Senate Journal, January
18, page 72.
_______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, SB99-017, 037, and 066; and without comment, as amended, SB99-002, 031, 039, 044, and 046.
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, Consideration of General Orders (HB99-1105, 1073, 1094, 1106, 1025, 1026, 1033, 1036) was laid over until January 22, retaining place on Calendar.
_______________
On motion of Representative Dean, the House adjourned
until 9:00 a.m., January 21, 1999.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk