Journal for 04/03/2000

House Journal--90th Day--April 3, 2000

3/3/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Ninetieth Legislative Day Monday, April 3, 2000

Prayer by the Reverend Bruce Porter, Civil Air Patrol, Colorado Wing.

The Speaker called the House to order at 10:00 a.m.

The roll was called with the following result:

Present--62.

Excused--Representatives Alexander, Scott, Spradley--3.

Present after roll call--Representatives Alexander, Scott, Spradley.

The Speaker declared a quorum present.

_______________

On motion of Representative Larson, the reading of the journal of March 31, 2000, was dispensed with and approved as corrected by the Chief Clerk.

_______________

CONSIDERATION OF MEMORIAL

HM00-1003

by Representative Hoppe--Memorializing former Representative John G. Hamlin.

(Printed and placed in member's file; also printed in House Journal, March 30, pages 1154-1156.)

On request of the Speaker, the memorial was read at length.

_______________

Pursuant to House Rule 26(f) the House stood in recess to allow the following former members to speak on behalf of the honorable John G. Hamlin: The Honorable Bev Bledsoe, Senator Dave Wattenberg, Danny Williams, Senator Ray Powers, Bob Shoemaker, Stan Johnson, Don Ament, Chris Paulson, Bob Kirscht, Paul Schauer.

_______________

House reconvened.

_______________

On motion of Representative Hoppe, the memorial was

adopted

by the following roll call vote:

YES 64 NO 0 EXCUSED 1 ABSENT 0

Alexander E

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

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

Co-sponsors added: Roll call of the House.

_______________

THIRD READING OF BILLS--FINAL PASSAGE

The following bills were considered on Third Reading. The titles were publicly read. Reading of the bill at length was dispensed with by unanimous consent.

HB00-1246

by Representative Tupa; also Senator Epps--Concerning safety standards for body art facilities.

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 39 NO 26 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley N

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King N

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson N

Miller Y

Mitchell N

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair N

Smith Y

Spence N

Spradley N

Stengel N

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool N

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. N

Williams T. Y

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker N

Co-sponsors added: Representatives Clarke, Coleman, Gagliardi, Johnson, Lawrence, Mace, Plant, Ragsdale, Saliman, Zimmerman

HB00-1033

by Representatives Tool, Kester; also Senators Anderson, Martinez--Concerning a continuing examination of the treatment of persons with mental illness who are involved in the criminal justice system, and making an appropriation therefor.

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 64 NO 1 EXCUSED 0 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 Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace Y

May Y

McElhany Y

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

Co-sponsors added: Representatives Alexander, Bacon, Coleman, Kaufman, Lawrence, Mace, Morrison, Tapia, Tochtrop, Williams S

HB00-1042

by Representative Larson; also Senator Dyer--Concerning payments made by recipients of purple hearts for special license plates, and making an appropriation in connection therewith

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 65 NO 0 EXCUSED 0 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 Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

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

Co-sponsors added: Representatives Alexander, Berry, Decker, Gordon, Gotlieb, Hoppe, Kaufman, Keller, Lawrence, Lee, Mace, McElhany, McKay, Miller, Nuñez, Pfiffner, Plant, Ragsdale, Scott, Sinclair, Spence, Spradley, Stengel, Takis, Tapia, Taylor, Tochtrop, Windels, Witwer, Young, Zimmerman

HB00-1380

by Representative Bacon--Concerning the privacy of motor vehicle records maintained by the department of revenue.

Laid over until April 4, retaining place on Calendar.

HB00-1426

by Representatives Hefley, Kaufman, Decker, Fairbank, Grossman, McPherson, Mitchell, Spence, Swenson, and Veiga; also Senator Evans--Concerning traffic laws governing restraints on drivers' licenses.

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 59 NO 6 EXCUSED 0 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 Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

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 N

Taylor Y

Tochtrop Y

Tool Y

Tupa N

Veiga Y

Vigil N

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsor added: Representative Lawrence

Representative Grossman requested his name be removed as sponsor.

SB00-154

by Senators Tebedo, Hillman, Owen, Wattenberg; also Representative McPherson--Concerning existing defenses to weapons laws.

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 46 NO 19 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon N

Gotlieb N

Grossman N

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller N

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace N

May Y

McElhany Y

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 Y

Takis N

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams S. Y

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Clapp, Dean, Hefley, King, Lee, May, McElhany, Miller, Nuñez, Pfiffner, Spence, Spradley, Stengel, Swenson, Tochtrop, Young

________________

On motion of Representative Webster, the House resolved itself into Committee of the Whole for consideration of General Orders, and he was called to the Chair to act as Chairman.

________________

GENERAL ORDERS--SECOND READING OF BILL

The Committee of the Whole having risen, the Chairman reported the title of the following bill had been read (reading at length had been dispensed with by unanimous consent), the bill 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.)

HB00-1125

by Representative Dean--Concerning support of space-based educational opportunities, and making an appropriation therefor.

Amendment No. 1

, Education Report, dated February 9, 2000, and placed in member's bill file; Report also printed in House Journal, February 10, pages 429-434.

Amendment No. 2

, Appropriations Report, dated March 3, 2000, and placed in member's bill file; Report also printed in House Journal, March 6, pages 846-847.

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

On motion of Representative Dean, the remainder of the General Orders Calendar (

HB00-1076, 1331, 1067, 1261, 1433, 1435, 1434, 1072, 1444, SCR00-002, HB00-1437, 1023, 1074, 1455, 1104, 1111, 1140, 1158, 1166, 1171, 1232, 1280, 1317, 1351, HCR00-1002, HB00-1446, 1447, 1457, SB00-188

) was laid over until April 4, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading:

HB00-1125 amended

Laid over until date indicated retaining place on Calendar:

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 57 NO 8 EXCUSED 0 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 Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell N

Morrison Y

Nuñez Y

Paschall Y

Pfiffner N

Plant Y

Ragsdale N

Saliman Y

Scott N

Sinclair Y

Smith N

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis N

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa N

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

REPORT OF COMMITTEE OF REFERENCE

APPROPRIATIONS

After consideration on the merits, the Committee recommends the following:

HB00-1162

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Strike the House Agriculture, Livestock, and Natural Resources Committee Report, dated January 19, 2000.

Strike the Finance Committee Report, dated February 2, 2000, and substitute the following:

"Amend printed bill, page 2, line 6, strike "(44)" and substitute "(44) (a)";

line 7, strike "designed

or adapted

" and substitute "designed,

adapted, or used

line 12, after "equipment,", insert "

agricultural commodity handling equipment,

line 13, after "farms", insert "

or in a livestock production facility

line 16, strike "

Aircraft designed

strike lines 17 through 19 and substitute the following:

"(44) (b)

Effective July 1, 2001, subject to section 39-26-127, C.R.S., "implement of husbandry" means every vehicle that is designed, adapted, or used for agricultural purposes. It also includes equipment used solely for the application of liquid, gaseous, and dry fertilizers. Transportation of fertilizer, in or on the equipment used for its application, shall be deemed a part of application if it is incidental to such application. It also includes hay balers, hay stacking equipment, combines, tillage and harvesting equipment, agricultural commodity handling equipment, and other heavy movable farm equipment primarily used on farms or in a livestock production facility and not on the highways. Trailers specially designed to move such equipment on highways shall, for the purposes of part 5 of article 4 of this title, be considered as component parts of such implements of husbandry.

Page 3, strike lines 13 through 20 and substitute the following:

"Agricultural commodity" means any agricultural commodity as defined in section 35-28-104 (1), C.R.S.; except that, for purposes of article 26 of this title, "agricultural commodity" shall also include sugar beets, timber and timber products, oats, malting barley, barley, hops, rice, milo, and any other feed grain.

Page 4, strike lines 10 through 15 and substitute the following:

"(5.7)

"Livestock production facility" means any structure used predominately for the housing, containing, sheltering, or feeding of livestock, including, without limitation, barns, corrals, feedlots, and swine houses.

strike lines 17 through 19 and substitute the following:

"Colorado Revised Statutes, are amended to read:";

line 26, strike "(A)".

Page 5, line 6, after "operation.", insert "

Subject to the provisions of section 39-26-127, on and after July 1, 2001, "farm equipment" also includes, regardless of purchase price, parts that are used in the repair or maintenance of the farm equipment described in this subparagraph (II).

strike lines 7 through 21;

line 22, after "

", insert "The introductory portion to";

strike lines 23 and 24 and substitute the following:

"is amended to read:".

Page 6, line 4, strike "(A)";

line 10, after "operation.", insert "

Subject to the provisions of section 39-26-127, effective July 1, 2001, "farm equipment" also includes, regardless of purchase price, parts that are used in the repair or maintenance of the farm equipment described in this subparagraph (II).

strike lines 11 through 18 and substitute the following:

SECTION 5.

Part 1 of article 26 of title 39, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

39-26-127. Fiscal years commencing on or after July 1, 2000 - temporary exemption of certain items used in agricultural operations from state sales and use tax to refund revenues exceeding TABOR limit - expanded definition of implement of husbandry - authority of executive director.

(1) (a)

For any fiscal year commencing on or after July 1, 2000, if the revenue estimate prepared by the staff of the legislative council in June of the calendar year in which that fiscal year ends indicates that the aggregate amount of state revenues will exceed the limitation on state fiscal year spending imposed by section 20 (7) (

) of article X of the state constitution for that fiscal year and voters statewide either have not authorized the state to retain and spend all of the excess state revenues for that fiscal year or have authorized the state to retain and spend only a portion of the excess state revenues for that fiscal year, the executive director of the department of revenue shall temporarily exempt from the sales and use tax imposed pursuant to sections 39-26-114 and section 39-26-203, for the period commencing July 1 of the calendar year in which that fiscal year ends through June 30 of the immediately subsequent calendar year, the tax levied upon all sales of parts used in the repair or maintenance of farm equipment in accordance with sections 39-26-114 (20) (

) (II) and 39-26-203 (1) (

) (II), and "implement of husbandry" shall have the meaning provided in section 42-1-102 (44) (

b), C.R.S.

(b)

If the revenue estimate prepared by the staff of the legislative council in June of the calendar year in which that fiscal year ends indicates that the aggregate amount of state revenues will not exceed the limitation on state fiscal year spending imposed by section 20 (7) (

) of article X of the state constitution for that fiscal year or voters statewide have authorized the state to retain and spend all of the excess state revenues for that fiscal year, then the sales and use tax exemption authorized by paragraph (

) of this subsection (1) and the definition of implement of husbandry provided in section 42-1-102 44 (

), C.R.S., shall not be allowed for the period commencing July 1 of the calendar year in which that fiscal year ends through June 30 of the immediately subsequent calendar year.

(2)

The general assembly finds and declares that providing a state sales and use tax exemption for all sales of parts used in the repair or maintenance of farm equipment and expanding the definition of implement of husbandry to encourage the sale of agricultural products are reasonable methods of refunding excess state revenues required to be refunded in accordance with section 20 (7) (

) of article X of the state constitution.

(3)

Any state sales and use tax exemption allowed pursuant to this section shall be published in rules promulgated by the executive director of the department of revenue in accordance with article 4 of title 24, C.R.S., and shall be included in such notices and publications as are customarily issued by the department on at least a quarterly basis concerning exemptions from the state sales and use tax.

Renumber succeeding sections accordingly.

Page 9, strike line 26.

Page 10, strike lines 1 through 3 and substitute the following:

and purchases of parts used in the repair or maintenance of

Page 11, strike lines 1 through 6 and substitute the following:

"contract,

parts used in the repair or maintenance of farm equipment,

as provided in section 39-26-114 (20), C.R.S., or sales of low-emitting";

strike lines 19 through 26.

Strike pages 12 through 19 and substitute the following:

SECTION 14. Effective date.

This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".".

______________

PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed:

HB00-1465, 1466, 1467; HCR00-1003.

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed:

HB00-1047; HM00-1003.

______________

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:

HB00-1029, 1122, 1234

at 10:24 a.m. on April 3, 2000.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker: