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.

_______________

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.

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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.

_______________

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.

_______________

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