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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.

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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.

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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.

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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.

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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.

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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