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
Sixty-fourth
Legislative Day Wednesday, March 10, 1999
Prayer by Rabbi Yaakov Chaitovsky, BMH-BJ
Congregation, 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 McElhany, Keller--2.
The Speaker declared a quorum present.
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On motion of Representative McKay, the reading of the journal of March 9, 1999, was dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEES OF REFERENCE
APPROPRIATIONS
After consideration on the merits, the Committee
recommends the following:
SB99-172 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:
SB99-021 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend reengrossed bill, page 2, line 3, after the
period, insert the following:
"SUCH POLICIES SHALL INCLUDE, WITHOUT LIMITATION,
A DESCRIPTION OF THE KINDS OF ASSISTANCE AVAILABLE UNDER THE COLORADO
WORKS PROGRAM WITHIN THE COUNTY, ANY ELIGIBILITY CRITERIA FOR
ASSISTANCE THAT MAY BE UNIQUE TO THE COUNTY, AND THE PROCESS BY
WHICH SUCH ELIGIBILITY AND ASSISTANCE IS DETERMINED ON AN INDIVIDUAL
BASIS. SUCH POLICIES SHALL NOT BE CONSTRUED TO CREATE AN ENTITLEMENT
TO ANY SERVICE OR BENEFIT UNDER THE COLORADO WORKS PROGRAM IN
ANY COUNTY FOR ANY APPLICANT OR PARTICIPANT, AND SHALL NOT LIMIT
THE FLEXIBILITY OF A COUNTY TO RESPOND TO THE INDIVIDUAL CIRCUMSTANCES
OF A PARTICIPANT.".
SB99-074 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend reengrossed bill, page 3, line 8, strike "five"
and substitute "five
SEVEN";
line 10, strike "five" and substitute "five
SEVEN".
SB99-142 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend reengrossed bill, page 2, line 18, before "FROM"
insert "PROFESSIONALS".
Page 3, line 6, strike "the failure" and
substitute "the failure";
strike line 7 and substitute the following:
"to attend
three consecutive
UNEXCUSED ABSENCES FROM SCHEDULED meetings in any one calendar";
line 12, strike "ENGAGED" and substitute "EMPLOYED".
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PRINTING REPORT
The Chief Clerk reports the following bill has been correctly printed: HB99-1332.
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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB99-1047, 1073, 1091, 1100, 1122, 1156; SB99-175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190.
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MESSAGES FROM THE SENATE
Mr. Speaker:
In response to the request of the House for a Conference Committee on
HB99-1061, the President appointed Senators Dennis, Chm., Anderson, and Dyer as members of the First Conference Committee on the part of the Senate.
_________
The Senate has passed on Third Reading and returns
herewith HB991201, 1259, and 1275.
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes:
SB99-090, amended as printed in Senate Journal, March 8, page 435;
HB99-1072, amended as printed in Senate Journal, March 8, page 436;
HB99-1075, amended as printed in Senate Journal, March 8, page 435;
HB99-1134, amended as printed in Senate Journal, March 8, page 435;
HB99-1143, amended as printed in Senate Journal, March 5, page 420, and on Third Reading as printed in Senate Journal, March 9;
HB99-1147, amended as printed in Senate Journal, March 8, page 435;
HB99-1269, amended as printed in Senate Journal, March 8, page 436, and on Third Reading as printed in Senate Journal, March 9.
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MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended, SB99-090, HB99-1072, 1075, 1134, 1143, 1147, and 1269.
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INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB99-1333 by Representatives Alexander, Dean, Berry, Chavez, Clarke, Gagliardi, George, Gordon, Larson, Leyba, Mace, Miller, Saliman, Smith, Tapia, Taylor, Veiga; also Senators Epps, Dyer--Concerning the development of a western slope state military veterans' cemetery, and making an appropriation therefor.
Committee on State, Veterans, & Military Affairs
Committee on Appropriations
SB99-090 by Senators Anderson, Arnold, Dyer, Hernandez, Reeves; also Representatives Kaufman, Alexander, Miller--Concerning benefits of the public employees' retirement association, and, in connection therewith, authorizing affiliated employers to obtain health care coverage for employees, increasing the amount of matching employer contributions paid by the association, and providing matching employer contributions to tax-deferred retirement programs.
Committee on Business Affairs & Labor
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THIRD READING OF BILL--FINAL PASSAGE
The following bill was considered on Third Reading. The title was publicly read. Reading of the bill at length was dispensed with by unanimous consent.
HB99-1187 by Representatives
Johnson, Bacon, Decker, Gotlieb, McKay, Spence, Takis, Tochtrop,
T. Williams, Witwer, Young; also Senators Dennis, Anderson, Perlmutter,
Phillips--Concerning the regulation of games of chance, and, in
connection therewith, creating a charitable gaming board in the
department of state, continuing licensing powers conferred upon
the secretary of state by the Colorado constitution, redesignating
the secretary of state as the administrative and enforcement authority
for bingo and other games of chance, and making an appropriation.
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 42 NO 21 EXCUSED 2 ABSENT 0
Alexander Y Allen Y Bacon Y Berry Y Chavez N Clapp N Clarke N Coleman N Dean N Decker Y Fairbank Y Gagliardi Y Gordon N Gotlieb Y Grossman N Hagedorn N | Hefley Y Hoppe Y Johnson Y Kaufman Y Keller E Kester Y King Y Larson N Lawrence Y Lee Y Leyba N Mace N May Y McElhany E McKay Y McPherson Y | Miller Y Mitchell N Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale Y Saliman N Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y | Takis Y Tapia N Tate N Taylor Y Tochtrop Y Tool Y Tupa N Veiga Y Vigil N Webster Y Williams, S. N Williams, T. Y Windels N Witwer Y Young Y Zimmerman N | |||
Mr. Speaker Y |
Co-sponsor added: Representative Kaufman.
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On motion of Representative Morrison, 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.
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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.)
SB99-017 by Senator
Wham; also Representative Kaufman--Concerning continuation of
the statutory authority for commissions that review judicial performance.
Amendment No. 1, Judiciary
Report, dated March 2, 1999, and placed in member's
bill file; Report also printed in House Journal, March 4, page 674.
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB99-018 by Senator
Wham; also Representative George--Concerning a reduction in mandatory
funding for art in juvenile correctional facilities.
Ordered revised and placed on the Calendar for Third
Reading and Final Passage.
SB99-027 by Senator
Hillman; also Representative Larson--Concerning a change in the
date on which precinct caucuses are held.
Ordered revised and placed on the Calendar for Third Reading and Final Passage.
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ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: SB99-017 amended, 018,
027.
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 2 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 YGotlieb Y Grossman Y Hagedorn Y | Hefley Y Hoppe Y Johnson Y Kaufman Y Keller E Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany E McKay Y McPherson Y | Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott 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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LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, the following items
on the Calendar were laid over until March 10, retaining place
on Calendar:
Consideration of General Orders--HCR99-1001, HB99-1194, 1206, 1316, 1003, 1015, 1016, 1207, SB99-044, 039, 046, HB99-1125, 1246, SB99-109, 019, 022, HB99-1317, 1314, SB99-168, 112, 122, 136, HB99-1001, 1011, 1019, 1126, 1311, 1312, SB99-155, 025, 028, 072, 063, 129, HB99-1009, 1271, 1110.
Consideration of Resolution--SJR99-014.
Consideration of Senate Amendments--HB99-1017, 1048, 1026, 1114, 1160, 1191, 1215.
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House in recess. House reconvened.
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REPORTS OF COMMITTEES OF REFERENCE
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee
recommends the following:
SB99-069 be referred
to the Committee of the Whole with favorable recommendation.
SB99-070 be referred
to the Committee of the Whole with favorable recommendation.
SB99-123 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend reengrossed bill, page 3, after line 4, insert
the following:
"SECTION 2. 1031104,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
1031104. Unfair methods of competition and unfair or deceptive acts or practices. (5) IT SHALL NOT BE AN UNFAIR PRACTICE IN THE BUSINESS OF INSURANCE FOR AN INSURER TO PAY AN ASSIGNEE IF THE INSURER BELIEVES IN GOOD FAITH THAT THE CLAIM IS SUBJECT TO A WRITTEN ASSIGNMENT FROM THE INSURED. THE INSURER SHALL REMAIN
RESPONSIBLE TO THE INSURED FOR SUCH AMOUNTS PURSUANT
TO THE APPLICABLE POLICY TERMS IN THE EVENT THE PERSON PAID DID
NOT HOLD A WRITTEN ASSIGNMENT AND DID NOT PROVIDE SERVICES OR
GOODS TO THE INSURED AT THE INSURED'S REQUEST.".
Renumber succeeding section accordingly.
Page 1, strike lines 102 through 104 and substitute the following:
"HOLDING ASSIGNMENTS FROM INSUREDS.".
SB99-170 be referred
to the Committee of the Whole with favorable recommendation.
JUDICIARY
After consideration on the merits, the Committee
recommends the following:
SB99-159 be postponed indefinitely.
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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB99-1065, 1130; HJR99-1012; SB99-005, 024, 032, 101; SJR99-006.
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MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes:
SB99-051, amended as printed in Senate Journal, March 5, page 423;
HB99-1113, amended as printed in Senate Journal, March 9, pages 448449, and on Third Reading as printed in Senate Journal, March 10;
HB99-1209, amended as printed in Senate Journal, March 9, pages 446447, and on Third Reading as printed in Senate Journal, March 10.
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MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended,
SB99-051, HB99-1113, and 1209.
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INTRODUCTION OF BILL
First Reading
The following bill was read by title and referred
to the committees indicated:
SB99-051 by Senator Hernandez; also Representative George--Concerning the reduction of dropout rates in secondary schools through prevention and intervention programs, and making an appropriation in connection therewith.
Committee on Education
Committee on Appropriations
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CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS
On motion of Representative Dean, House Rule 36(d)
was suspended for immediate consideration of Senate amendments
to HB99-1113, 1209.
HB99-1113 by Representatives
Dean, King; also Senator Arnold--Concerning an increase in the
funding for charter schools.
(Amended as printed in Senate Journal, March 9, pages
448449, and on Third Reading as printed in Senate Journal,
March 10)
Representative Dean moved that the House not concur
in Senate amendments and that a Conference Committee be appointed
with permission to go beyond the scope of the difference between
the House and the Senate. The motion was declared passed
by the following roll call vote:
YES 50 NO 12 EXCUSED 3 ABSENT 0
Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke N Coleman N Dean Y Decker Y Fairbank Y Gagliardi N Gordon Y Gotlieb Y Grossman Y Hagedorn Y | Hefley Y Hoppe Y Johnson Y Kaufman Y Keller E Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace N May Y McElhany E McKay Y McPherson Y | Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman N Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson E | Takis N Tapia Y Tate Y Taylor Y Tochtrop N Tool Y Tupa N Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels N Witwer Y Young Y Zimmerman N | |||
Mr. Speaker Y |
The Speaker appointed Representatives Dean, Chairman,
King and Bacon as House conferees to the bill.
HB99-1209 by Representatives
Allen, Dean; also Senator Anderson--Concerning the financing of
public schools, and making appropriations in connection therewith.
(Amended as printed in Senate Journal, March 9, pages
446447, and on Third Reading as printed in Senate Journal,
March 10.)
Representative Allen moved that the House not
concur in Senate amendments and that a Conference Committee
be appointed with permission to go beyond the scope of the difference
between the House and the Senate. The motion was declared passed
by the following roll call vote:
YES 52 NO 10 EXCUSED 3 ABSENT 0
Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman N Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman N Hagedorn N | Hefley Y Hoppe Y Johnson Y Kaufman Y Keller E Kester Y King Y Larson Y Lawrence Y Lee Y Leyba N Mace N May Y McElhany E McKay Y McPherson Y | Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson E | Takis N Tapia Y Tate N Taylor Y Tochtrop N Tool Y Tupa Y Veiga N Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman N | |||
Mr. Speaker Y |
The Speaker appointed Representatives Allen, Chairman, Dean and Keller as House conferees to the bill.
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On motion of Representative Dean, the House adjourned
until 9:00 a.m., March 11, 1999.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk