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
Seventieth Legislative
Day Tuesday, March 16, 1999
Prayer by Pastor Dan Elliott, South
Presbyterian Church, Littleton.
The Speaker called the House to order at 10:00
a.m.
The roll was called with the following result:
Present--62.
Absent and excused--Representatives Chavez, Clapp, Hoppe--3.
Present after roll call--Representative Chavez.
The Speaker declared a quorum present.
_______________
On motion of Representative Kaufman, the reading of the journal of March 15, 1999, was dispensed with and approved as corrected by the Chief Clerk.
APPOINTMENTS TO CONFERENCE COMMITTEE
The Speaker appointed Representatives Larson, Chairman, Young and Hagedorn as House conferees to the First Conference Committee on HB99-1134.
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REPORTS OF COMMITTEES OF REFERENCE
EDUCATION
After consideration on the merits, the Committee
recommends the following:
SB99-068 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend reengrossed bill, page 1, line 8, after "THE",
insert "REPLACEMENT OF DAMAGED TEXTBOOKS OR THE";
line 11, strike "YEAR OR BY RETAINING SAID"
and substitute "YEAR. THE SCHOOL DISTRICT SHALL MAKE A REASONABLE
EFFORT TO OBTAIN PAYMENT FOR LOST OR DAMAGED TEXTBOOKS. IF THE
SCHOOL DISTRICT DETERMINES THAT A STUDENT IS UNABLE TO PAY, THE
SCHOOL DISTRICT MAY OBTAIN PAYMENT THROUGH OTHER METHODS, INCLUDING
BUT NOT LIMITED TO PAYMENT PLANS OR SERVICE WITHIN THE SCHOOL
IN WHICH THE STUDENT IS ENROLLED.".
Page 2, strike lines 1 and 2;
line 3, strike "SCHOOL, WHICHEVER IS APPROPRIATE.";
line 4, after "GRADUATION", insert "OR
CONTINUATION";
line 5, after "GRADUATION", insert "OR
CONTINUATION";
line 7, after "GRADUATION", insert "OR
CONTINUATION".
HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS
After consideration on the merits, the Committee
recommends the following:
HB99-1330 be referred
to the Committee of the Whole with favorable recommendation.
SB99-114 be referred
to the Committee of the Whole with favorable recommendation.
SB99-141 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 5, strike "opinions
when coverage is denied." and substitute "opinions.";
strike lines 6 and 7 and substitute the following:
"Therefore, Coloradans should be informed about
the availability of second medical opinions.";
line 12, strike "Insurers" and substitute
"Carriers and entities that contract with carriers";
strike lines 13 and 14 and substitute the following:
"patient time and effort and to save the carriers
and entities that contract with carriers unnecessary expenses.";
line 16, strike "by insurers providing"
and substitute "if carriers and entities that contract with
carriers provide";
strike line 17 and substitute the following:
"specialists for covered persons for a period
of up to one year, or longer if the health benefit plan provides
for such.";
strike lines 23 through 26 and substitute the following:
"providers. (9.5) IF THE
HEALTH BENEFIT PLAN PROVIDES COVERAGE FOR A SECOND OPINION, THE
CARRIER AND ANY ENTITY THAT CONTRACTS WITH THE CARRIER SHALL DISCLOSE
THE AVAILABILITY OF THE SECOND OPINION ALONG WITH THE HEALTH BENEFIT
DESCRIPTION FORM.".
Page 3, strike lines 1 through 4 and substitute the
following:
"(11.5) A CARRIER OR ENTITY THAT
CONTRACTS WITH THE CARRIER, SHALL NOT PENALIZE A";
line 5, strike "FOR" and substitute "OF";
line 8, strike "DISAFFILIATION, WHEN THE"
and substitute "DISAFFILIATION.";
strike line 9;
line 10, after "carrier" insert "OR
ENTITY THAT CONTRACTS WITH A CARRIER";
strike lines 19 and 20 and substitute the following:
"DEFINED IN SECTION 1016102 (43.5),
FOR MEDICALLY NECESSARY TREATMENT, TO A SPECIALIST OR SPECIALIZED
TREATMENT CENTER PARTICIPATING IN THE CARRIER'S NETWORK OR PARTICIPATING
IN A SUBDIVISION OR SUBGROUPING OF THE CARRIER'S NETWORK IF THE
SUBDIVISION OR SUBGROUPING DEMONSTRATES NETWORK ADEQUACY PURSUANT
TO SECTION 1016704.";
line 21, strike "TREATMENT.";
line 24, strike "CONTINUING" and substitute
"ONGOING";
line 26, strike "YEAR" and substitute "YEAR,
OR A LONGER PERIOD OF TIME IF AUTHORIZED BY THE CARRIER OR ANY
ENTITY THAT CONTRACTS WITH THE CARRIER,".
Page 4, line 4, after the period, add "TO BE
REIMBURSED BY THE CARRIER OR ENTITY CONTRACTING WITH A CARRIER,
TREATMENT PROVIDED BY THE SPECIALIST SHALL BE FOR A COVERED PERSON
AND MUST COMPLY WITH PROVISIONS CONTAINED IN THE COVERED PERSON'S
CERTIFICATE OR POLICY.";
line 10, strike "PARTICIPATING";
line 11, strike "FOR CONTINUOUS" and substitute
"PARTICIPATING IN THE CARRIER'S NETWORK FOR ONGOING";
line 19, strike "denial, and"
and substitute "denial and";
line 20, strike "decision, AND AT" and
substitute "decision.";
strike lines 21 through 24 and substitute the following:
"SECTION 5. 1016107
(3) (b) (II) (A), Colorado Revised Statutes, is amended to read:
1016107. Rate regulation
approval of policy forms benefit certificates
evidences of coverage loss ratio guarantees disclosures
on treatment of intractable pain. (3) (b) An
evidence of coverage shall contain:
(II) A clear and complete statement, if
a contract, or a reasonably complete summary, if a certificate,
of:
(A) The health care services and the insurance
or other benefits, if any, to which the enrollee is entitled under
the health care plan, INCLUDING THE ABILITY TO OBTAIN A SECOND
OPINION FOR PROPOSED TREATMENT BY THE HEALTH CARE PROVIDER, IF
THE HEALTH BENEFIT PLAN PROVIDES SUCH COVERAGE;".
Renumber succeeding section accordingly.
LOCAL GOVERNMENT
After consideration on the merits, the Committee
recommends the following:
SB99-091 be postponed indefinitely.
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB99-1275.
______________
DELIVERY OF BILLS TO GOVERNOR
The Chief Clerk of the House of Representatives reports the following bills have been delivered to the Office of the Governor: HB99-1067, 1096, 1201 at 2:30 p.m. on March 15, 1999.
_______________
MESSAGES FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and returns
herewith HB99-1040, 1076, 1078, 1216,1231, 1242, and 1267.
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes:
SB99-110, amended as printed in Senate Journal, March 10, pages 457458, and on Third Reading as printed in Senate Journal, March 15;
HB99-1172, amended as printed in Senate Journal, March 12, page 477;
HB99-1188, amended as printed in Senate Journal, March 12, pages 479480;
HB99-1265, amended as printed in Senate Journal, March 12, page 479.
_________
The Senate has adopted and transmits herewith: SJR99-016, amended as printed in Senate Journal, March 16.
_________
The Senate voted to concur in House amendments to SB99-057 and repassed the bill as amended.
_______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended, SB99-110, HB99-1172, 1188, and 1265.
______________
MESSAGE FROM THE GOVERNOR
I certify I received the following on the 16th day
of March, 1999, at 10:00 a.m. The original is on file in the
records of the House of Representatives of the General Assembly.
Judith Rodrigue,
Chief Clerk of the House
March 15, 1999
House of Representatives
Sixty-second General Assembly
First Regular Session
Denver, CO 80203
Ladies and Gentlemen:
I have the honor to inform you that I have approved
and filed with the Secretary of State the following Acts:
HB99-1036 Concerning the
Authority of the Transportation Commission to Regulate Houses
During Which Hazardous Materials May Be Transported Through the
Eisenhower Tunnel.
Approved March 15, 1999 at 5:26 p.m.
HB99-1073 Concerning the
Division of Public Employee Retirement Benefits in a Domestic
Relations Action.
Approved March 15, 1999 at 5:27 p.m.
HB99-1091 Concerning the
Sixty-Month Lifetime Maximum for the Receipt of Benefits Under
the Colorado Works Program.
Approved March 15, 1999 at 5:28 p.m.
HB99-1123 Concerning the
Consent of the Board of Directors of a Water Conservancy District
Before Annexed Land is Included Within the Boundaries of that
Water Conservancy District.
Approved March 15, 1999 at 5:28 p.m.
HB99-1130 Concerning the
Annual Gross Income Level Required to Qualify for a Basic Personal
Injury Protection Auto Insurance Policy.
Approved March 15, 1999 at 5:29 p.m.
HB99-1162 Concerning Procedural
Changes for the Strengthening of Criminal Laws.
Approved March 15, 1999 at 5:31 p.m.
HB99-1173 Concerning Educational
Requirements of Certain Youthful Offenders.
Approved March 15, 1999 at 5:32 p.m.
Sincerely,
(signed)
Bill Owens
Governor
______________
INTRODUCTION AND CONSIDERATION OF RESOLUTION
The following resolution was read by title and given
immediate consideration:
SJR99-016 by Senator
Blickensderfer; also Representative Stengel--Concerning the recognition
of Liberty Day and Liberty Month in Colorado.
On motion of Representative Dean, the rules were
suspended and the resolution given immediate consideration.
On motion of Representative Stengel, the resolution
was adopted by viva voce vote.
Co-sponsors added: Roll call of the House.
_______________
HOUSE RECEDES ON HB99-1209
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
446-447; and on Third Reading as printed in Senate Journal, March
10.)
Representative Allen moved that the House recede
from its position on HB99-1209 and that the Conference
Committee be discharged. The motion was declared passed
by viva voce vote.
Representative Allen moved that the House concur
in Senate amend-ments. The motion was declared passed
by the following roll call vote:
YES 61 NO 1 EXCUSED 3 ABSENT 0
|
Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp E Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y | Hefley Y Hoppe E Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May E McElhany Y McKay Y McPherson Y | Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner N 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 |
The question being, "Shall the bill, as amended, 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, as amended, was declared repassed.
YES 60 NO 2 EXCUSED 3 ABSENT 0
Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp E Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi YGordon Y Gotlieb Y Grossman Y Hagedorn Y | Hefley Y Hoppe E Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May E McElhany Y McKay Y McPherson Y | Miller Y Mitchell Y Morrison Y Nuñez Y Paschall N Pfiffner N 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 |
Co-sponsors added: Representatives S.Williams, Mr. Speaker.
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, the following items
on the Calendar were laid over until March 17, retaining place
on Calendar:
Consideration of General Orders--HCR99-1001, HB99-1194, 1206, 1316, 1003, 1015, 1016, 1207, SB99-039, HB99-1125, 1246, SB99-109, 022, HB99-1317, 1314, SB99-136, HB99-1001, 1011, 1126, 1311, 1312, SB99- 025, 028, 072, 063, 129, HB99-1009, 1271, 1110, SB99-052, 014, 140, 070, 170, 021, 074, 142, 172, 011, HB99-1326, SB99-004, 174, HB99-1319, 1203, 1238, 1249, 1293, 1299, 1129, 1280, SB99-050.
Consideration of Senate Amendments--HB99-1160.
_______________
On motion of Representative Dean, the House adjourned
until 9:00 a.m., March 17, 1999.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk