0/31/100
3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
Twenty-fourth Legislative Day Friday, January 28, 2000
Prayer by Father Ed Judy, Samaritan House, Denver.
The Speaker called the House to order at 9:00 a.m.
The roll was called with the following result:
Present--62.
Excused--Representative Williams S.--1.
Absent--Representatives Gordon, Stengel--2.
Present after roll call--Representatives Gordon, Stengel.
The Speaker declared a quorum present._______________
On motion of Representative Webster, the reading of the journal of January 27, 2000, was dispensed with and approved as corrected by the Chief Clerk._______________
REPORTS OF COMMITTEES OF REFERENCE
AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES
After consideration on the merits, the Committee recommends the following:
HB00-1008 be referred to the Committee of the Whole with favorable recommendation.
HB00-1047 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 5, strike "2010" and substitute "2003".
Page 2, line 1, strike "2010" and substitute "2003";
line 5, strike "2010" and substitute "2003".
HB00-1071 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 15, after "costs", insert ", not including great outdoors Colorado program trust fund moneys to be used annually for such purposes based on great outdoors Colorado program's proportionate share of the acquisition cost of this property,".
FINANCE
After consideration on the merits, the Committee recommends the following:
THIS CORRECTED COMMITTEE REPORT REPLACES THE
HOUSE FINANCE REPORT DATED JANUARY 19, 2000
and printed in House Journal January 21, pages 146-147
HB00-1046 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 3, line 21, strike "board of regents," and substitute "governing board,".
Page 4, line 20, after the period add "No provision of this part 2 shall be interpreted to modify or limit the rights and powers conferred on such public entity by any other provision of state law, unless the public entity elects to use such provisions in the issuance of its securities. This part 2 shall not modify or limit any provisions of articles 51 and 59 of this title.".
Page 5, line 1, after "may," insert "in the act of issuance," and strike "officer or";
line 2, strike "employee" and substitute "member of the issuing authority, chief executive officer, or chief financial officer";
strike lines 4 and 5, and substitute the following:
"The securities. Such delegation shall be effective for sixty days after adoption of the act of issuance. In addition to any determinations that may be delegated in accordance with other provisions of state law, the following determinations may be delegated to such member or officer without any requirement that the";
line 13, after "amount", insert "and denominations".
Page 6, strike lines 6 through 9, and substitute the following:
"of securities - rate of interest. (1) Any securities issued may:".
Reletter succeeding paragraphs accordingly.
Page 6, line 11, strike "entity," and substitute "entity or as provided in section 11-57-205,";
line 14, strike "entity;" and substitute "entity or as provided in section 11-57-205;";
line 16, after "treasurer", insert "or other appropriate officer or employee".
Page 7, line 14, after "perfection,", insert "enforcement,".
Page 8, line 2, strike "valid and binding" and substitute "valid, binding, and enforceable";
line 9, after "no", insert "civil";
line 23, after "securities", insert "shall";
line 26, strike "securities." and substitute "securities after their delivery for value.".
Page 11, line 11, strike "at least five days prior to" and substitute "on or before".
Page 12, after line 10, insert the following:
"(12) Nothing in this section applies to any condemnation of property.".
TRANSPORTATION AND ENERGY
After consideration on the merits, the Committee recommends the following:
HB00-1007 be referred to the Committee of the Whole with favorable recommendation.
HB00-1130 be postponed indefinitely.
HB00-1156 be postponed indefinitely.
HB00-1178 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 7, strike "annual" and substitute "annual".
Page 3, line 11, strike "department no later than" and substitute "department.";
strike lines 12 and 13;
line 14, strike "this section is required.";
after line 22, insert the following:
"(II) An owner of special mobile machinery that is not registered in Colorado shall submit the application upon the arrival in Colorado of the special mobile machinery for which specific ownership tax under this section is required.
(III) An owner of special mobile machinery that is registered in Colorado shall submit the application when the owner renews the registration of the special mobile machinery for which specific ownership tax under this section is required.".
Renumber succeeding subparagraphs accordingly.
Page 4, line 11, strike "submission of proof" and substitute "request";
line 23, after "Colorado", insert "unless the owner has paid the specific ownership tax assessed pursuant to this article, nor shall any owner operate special mobile machinery in Colorado";
line 26, strike "a civil" and substitute "an administrative".
Page 7, line 2, after the period, add "Such rules shall also allow for extensions of apportioned registration periods. During such rule-making, the department shall confer with its authorized agents regarding enhanced communications with the authorized agents and the coordination of enforcement efforts.".______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB00-1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1386._______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred to the committees indicated:
HB00-1392 by Representatives Coleman, Miller, Tapia--Concerning creation of the Colorado's work force empowerment program, and making an appropriation in connection therewith.
Committee on Business Affairs & Labor
HB00-1393 by Representatives Ragsdale, Larson; also Senator Dyer--Concerning an increase in the maximum weight allowable for vehicles issued military veteran special license plates.
Committee on Transportation & Energy
HB00-1394 by Representative McPherson--Concerning methods to prevent voter fraud in state elections.
Committee on State, Veterans, & Military Affairs
HB00-1395 by Representative Smith--Concerning the creation of a task force to study privacy issues related to information policy, and, in connection therewith, to recommend legislation and administrative policies governing the collection, retention, and use of information by public and private entities.
Committee on Business Affairs & Labor________________
On motion of Representative Paschall, 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 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.)
HB00-1106 by Representative Lawrence; also Senator Arnold--Concerning ratification of an interstate compact involving the exchange of criminal history records for noncriminal justice purposes.
Amendment No. 1, Judiciary Report, dated January 13, 2000, and placed in member’s bill file; Report also printed in House Journal, January 14, page 84.
As amended, declared lost on Second Reading.
(For change in action, see Amendments to Report.)
HB00-1078 by Representative Leyba; also Senator Epps--Concerning penalties for false medicaid claims.
Amendment No. 1, Health, Environment, Welfare, & Institutions, Report, dated January 17, 2000, and placed in member’s bill file; Report also printed in House Journal, January 19, page 120-121.
Amendment No. 2, by Representative Leyba.
Amend printed bill, page 2, line 23, after "representation", insert "of a material fact".
Page 3, line 21, strike "26-4-410.5;" and substitute "26-4-410.5 or any safe harbor regulations of the federal department of health and human services;".
Page 4, line 6, after "a", insert "fixed amount or a".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1092 By Representative Sinclair; also Senator Epps--Concerning removal of the requirement that certain financial service institutions provide an original signature in their routine reports to the state commissioner of financial services.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1180 by Representatives Veiga, Clapp, Decker, Hagedorn, Larson, Williams T.; also Senators Owen, Anderson, Andrews--Concerning a requirement for the issuance of written findings of fact and conclusions of law within a certain period of time after the conclusion of hearings in workers' compensation cases.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1151 by Representative Gotlieb; also Senator Evans--Concerning the issuance of professional educator licenses to persons holding educator licenses issued by other states.
Amendment No. 1, Education Report, January 19, 2000, and placed in member’s bill file; Report also printed in House Journal, January 20, pages 123-124.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1059 by Representative Vigil; also Senator Wham--Concerning the time in which payment is due on the first installment for property taxes without accruing delinquent interest.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1134 by Representative McElhany--Concerning the exclusion of certain individuals from the definition of "resident individual" for purposes of Colorado individual income taxation.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1119 by Representatives McKay, Lee, Williams S., Larson, Spence; also Senator Anderson--Concerning the exchange of information related to children.
Amendment No. 1, Judiciary Report, dated January 18, 2000, and placed in member’s bill file; Report also printed in House Journal, January 20, page 126.
Amendment No. 2, by Representative McKay, Kaufman.
Amend printed bill, page 3, line 6, strike "schools" and substitute "schools, school districts,";
line 12, strike "schools" and substitute "schools, school districts,";
line 17, strike "schools" and substitute "schools, school districts,";
line 19, strike "schools" and substitute "schools, school districts,";
line 26, after "children,", insert "school districts,".
Page 4, after line 1, insert the following:
"(c) The general assembly further finds that partners in multi-agency assessment centers for children are often frustrated by their lack of ability to exchange information with each other when attempting to serve children and the public. The general assembly finds that assessment centers for children are better able to assist children when they are equipped with knowledge concerning a child's history and experiences. The general assembly, however, recognizes that any such sharing of information among agencies who are part of a multi-agency assessment center for children mandates an awareness of the responsibility on the part of the agencies receiving or providing the information that it be used only for its intended and limited purpose as authorized by law and that the confidential nature of the information be preserved.";
line 4, after "agencies", insert "and schools";
line 13, after "cases", insert "or any other provisions of this title";
strike line 21 and substitute "subsection (2) of this section. paragraph (b) of this subsection (1).".
Page 5, line 23, strike "(I)";
line 25, strike "the following information" and substitute "any information or records".
Page 6, line 2, strike "designee:" and substitute "designee and, if the student is or will be enrolled at a public school, with the superintendent of the school district in which the student is or will be enrolled or the superintendent's designee as follows:";
strike lines 3 through 9 and substitute the following:
"(I) Any information or records, except mental health or medical records, relating to incidents that, in the discretion of the agency or center, rises to the level of a public safety concern, including but not limited to, any information or records of";
strike line 14 and substitute the following:
"felonies; or
(II) Any records, except mental health or medical records, of incidents that such agency or center may have concerning the child that, in the discretion of the agency or center, do not rise to the level of a public safety concern, but that relate to the adjudication or conviction of a child for a municipal ordinance violation or that relate to the charging, adjudication, deferred prosecution, deferred judgment, or diversion of a child for an act that, if committed by an adult, would have constituted a misdemeanor or a felony.";
line 20, strike "student." and substitute "student and, if the student is enrolled in a public school, from the superintendent of the school district in which the student is enrolled, or such superintendent's designee.";
line 24, after "parent,", insert "either" and strike "a school," and substitute "the school in which the child is enrolled,";
line 25, after "designee,", insert "or, if the student is enrolled in a public school, the superintendent of the school district in which the student is enrolled, or such superintendent's designee,".
Page 7, line 5, after "School", insert "and school district";
line 9, after "school", insert "or a school district";
line 10, after "school", insert "or a school district";
after line 12, insert the following:
"(2.5) Notwithstanding any other provision of law to the contrary and in addition to the provisions of subsections (1) and (2) of this section, assessment centers for children and the agencies, other than schools and school districts participating in the local assessment centers for children are authorized to provide and share information, except for mental health or medical records and information, with each other, without the necessity of signed releases, concerning children who have been taken into temporary custody by law enforcement or who have been referred to the assessment center for children for case management purposes. Agencies shall have annually updated signed agreements with assessment centers for children to be considered a participating agency.".
Page 9, line 10, after "School", insert "and school district";
strike line 25 and substitute the following:
"(a) "Assessment center for children" is defined in section 19-1-103 (10.5).
(a.1) "Case management purposes" is defined in section 19-1-103".
Page 10, line 17, strike "student." and substitute "student and, if the student is or will be enrolled in a public school, to the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee.".
Page 11, line 3, strike "student." and substitute "student and, if the student is or will be enrolled in a public school, to the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee.";
line 5, strike "A NEW SUBPARAGRAPH," and substitute "THE FOLLOWING NEW SUBPARAGRAPHS,";
line 15, strike "student." and substitute "student and, if the student is or will be enrolled in a public school, to the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee.";
after line 15, insert the following:
"(XVI) To assessment centers for children.";
line 21, strike "student." and substitute "student and, if the student is or will be enrolled in a public school, by the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee. Parole records shall also be open to inspection by assessment centers for children.".
Page 12, before line 1, insert the following:
"(10.5) "Assessment center for children", as used in sections 19-1-303 and 19-1-304, means a multi-disciplinary, community-based center that provides services to children and their families, including, but not limited to, detention screening, case management, and therapeutic intervention relating to delinquency, abuse or neglect, family conflict, and truancy.".
Page 14, line 1, after "section,", insert "either";
line 2, after "designee,", insert "or, if the student is enrolled in a public school, the superintendent of a school district in which the student is enrolled, or such superintendent's designee,".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1138 by Representative Leyba--Concerning limitations on civil liability of foster care providers for the actions of the foster children in their care.
Laid over until January 31, retaining place on Calendar.
HB00-1139 By Representatives Mace, Tapia, and Williams S.; also Senator Feeley--Concerning the appointment of guardians for minors.
Amendment No. 1, Judiciary Report, dated January 18, 2000, and placed in member’s bill file; Report also printed in House Journal, January 20, page 126.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1152 by Representatives Saliman, Berry, Tool; also Senators Owen, Lacy, Tanner--Concerning the expedited permanency planning program for children.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1226 By Representatives Fairbank, Spence, and Stengel; also Senator Hillman, Spence, Stengel--Concerning the conversion of a liquor-licensed drugstore license to a retail liquor store license under the "Colorado Liquor Code".
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1036 by Representative Witwer; also Senators Blickensderfer, Anderson--Concerning access by coroners to privileged information maintained by any person who provided treatment, consultation, counseling, or therapy services to a deceased person.
Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated January 19, 2000, and placed in member’s bill file; Report also printed in House Journal, January 20, page 124.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage._______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representatives Lawrence, Grossman, Kaufman moved to amend the Report of the Committee of the Whole to show that HB00-1106, as amended, did pass.
The amendment was declared passed by the following roll call vote:
YES 38 NO 26 EXCUSED 1 ABSENT 0
Alexander N
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp N
Clarke N
Coleman Y
Dean Y
Decker N
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb N
Grossman Y
Hagedorn Y
Hefley Y
Hoppe N
Johnson N
Kaufman Y
Keller Y
Kester Y
King N
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson Y
Miller Y
Mitchell N
Morrison Y
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale N
Saliman Y
Scott N
Sinclair Y
Smith N
Spence Y
Spradley Y
Stengel N
Swenson Y
Takis N
Tapia Y
Tate Y
Taylor Y
Tochtrop N
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster Y
Williams S. E
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman N
Mr. Speaker Y
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB00-1106 amended, 1078 amended, 1092, 1180, 1151 amended, 1059, 1134, 1119 amended, 1139 amended, 1152, 1226, 1036 amended.
Laid over until date indicated retaining place on Calendar:
HB00-1138--January 31, 2000.
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 1 ABSENT 1
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
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott -
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. E
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
_______________
On motion of Representative Dean, HB00-1289 shall be made Special Orders on Friday, January 28, 2000, at 11:29 a.m._______________
The hour of 11:29 a.m., having arrived, on motion of Representative Paschall, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman._______________
SPECIAL 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.)
HB00-1289 By Representatives Hefley, McPherson, Clapp, Dean, Fairbank, Lee, May, McElhany, Nuņez, and Paschall, --Concerning firearms regulation, and, in connection therewith, standardizing firearms regulation as a matter of statewide concern.
Amendment No. 1, State Veterans, & Military Affairs Report, dated January 25, 2000, and placed in member’s bill file; Report also printed in House Journal, January 26, page 194.
Amendment No. 2, by Representatives Hefley, Pfiffner.
Amend printed bill, page 2, line 21, after "(a)", insert "(I)" and strike "law," and substitute "law except as otherwise provided in subparagraph (II) of this paragraph (a),".
Page 3, after line 2, insert the following:
"(II) Subparagraph (I) of this paragraph (a) shall not be interpreted to restrict a municipality, county, or city and county from regulating the areas in or circumstances under which a person may discharge a firearm.".
Amendment No. 3, by Representative Dean.
Amend printed bill, page 3, after line 12, insert the following:
"SECTION 2. 18-12-105.1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
18-12-105.1 Permits for concealed weapons - liability. (3) A sheriff or chief of police shall not require an applicant for a concealed weapons permit to provide information concerning any weapon owned or used by the applicant, including but not limited to the brand name, model, caliber, or serial number of any firearm owned or used by the applicant.".
Renumber succeeding section accordingly.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
_______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representative Plant moved to amend the Report of the Committee of the Whole to show that Amendment No. 3, by Representative Dean (printed in House Journal, page 228, lines 24-38) to HB00-1289 did not pass, and that HB1289, as amended, did pass.
The amendment was declared lost by the following roll call vote:
YES 24 NO 38 EXCUSED 3 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker N
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb N
Grossman Y
Hagedorn Y
Hefley N
Hoppe N
Johnson N
Kaufman Y
Keller Y
Kester N
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace Y
May E
McElhany N
McKay N
McPherson N
Miller N
Mitchell N
Morrison Y
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair E
Smith N
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop N
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. E
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
Representative Grossman moved to amend the Report of the Committee of the Whole to show that Amendment No. 2, by Representatives Hefley, Pfiffner (printed in House Journal, page 228, lines 11-22) to HB00-1289 did not pass, and that HB1289, as amended, did pass.
The amendment was declared lost by the following roll call vote:
YES 26 NO 36 EXCUSED 3 ABSENT 0
Alexander N
Allen N
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 N
Johnson N
Kaufman Y
Keller Y
Kester N
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace Y
May E
McElhany N
McKay N
McPherson N
Miller N
Mitchell N
Morrison Y
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair E
Smith N
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. E
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
Representatives Gordon, Saliman, Leyba moved to amend the Report of the Committee of the Whole to show that HB1289, as amended, did not pass.
The amendment was declared lost by the following roll call vote:
YES 22 NO 40 EXCUSED 3 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker N
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb N
Grossman Y
Hagedorn Y
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller Y
Kester N
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace Y
May E
McElhany N
McKay N
McPherson N
Miller N
Mitchell N
Morrison N
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair E
Smith N
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop N
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. E
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
Representatives Windels, Grossman moved to amend the Report of the Committee of the Whole to show that the following Grossman amendment to HB00-1289 did pass, and that HB1289, as amended, did pass:
Amend printed bill, page 3, after line 12, insert the following:
"SECTION 2. 18-12-105.5 (3) (d), Colorado Revised Statutes, is amended to read:
18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds. (3) It shall not be an offense under this section if:
(d) The person, prior to the time of carrying a concealed weapon, has been issued a written permit pursuant to section 18-12-105.1 to carry the weapon by the chief of police of a city or city and county or the sheriff of a county; or
SECTION 3. Effective date - applicability. This act shall take effect upon passage and the provisions of section 2 of this act shall apply to offenses committed on or after said date.".
Renumber succeeding section accordingly.
The amendment was declared lost by the following roll call vote:
YES 28 NO 34 EXCUSED 3 ABSENT 0
Alexander N
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 N
Johnson N
Kaufman Y
Keller Y
Kester N
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace Y
May E
McElhany N
McKay N
McPherson N
Miller Y
Mitchell N
Morrison Y
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair E
Smith N
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. E
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB00-1289 amended.
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 39 NO 23 EXCUSED 3 ABSENT 0
Alexander Y
Allen Y
Bacon N
Berry Y
Chavez N
Clapp Y
Clarke N
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon N
Gotlieb N
Grossman N
Hagedorn N
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 E
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott Y
Sinclair E
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis N
Tapia N
Tate N
Taylor Y
Tochtrop Y
Tool Y
Tupa N
Veiga N
Vigil N
Webster Y
Williams S. E
Williams T. Y
Windels N
Witwer Y
Young Y
Zimmerman N
Mr. Speaker Y
_______________
House in recess. House reconvened.
_______________
REPORTS OF COMMITTEES OF REFERENCE
APPROPRIATIONS
After consideration on the merits, the Committee recommends the following:
HB00-1012 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Strike the Transportation and Energy Committee Report, dated January 12, 2000, and substitute the following:
"Amend printed bill, page 2, line 18, strike "part 3;" and substitute "article;".
Page 3, after line 11, insert the following:
"SECTION 4. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the distributive data processing fund not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 2000, the sum of forty-six thousand two hundred dollars ($46,200), or so much thereof as may be necessary, for the implementation of this act. The general assembly has determined that no general fund appropriation is necessary to carry out the provisions of this act.".
Renumber succeeding section accordingly.
Page 1, line 103, strike "plates." and substitute "plates, and making an appropriation therefor.".".
HB00-1085 be postponed indefinitely.
HB00-1145 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend the Finance Committee Report, dated January 19, 2000, page 3, after line 30, insert the following:
"Page 17, after line 18, insert the following:
"SECTION 5. No Appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the provisions of this act.".
Renumber succeeding section accordingly.".
HB00-1164 be referred to the Committee of the Whole with favorable recommendation.
HB00-1194 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend the State, Veterans, & Military Affairs Committee Report, dated January 18, 2000, page 2, after line 2, insert the following:
""SECTION 12. No Appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the provisions of this act.".";
line 3, strike "12." and substitute "13.".
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee recommends the following:
HB00-1185 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 37, line 9, strike "twenty" and substitute "twenty-five".
Page 53, line 21, strike "year;" and substitute "year pursuant to section 18-15-104, C.R.S.;".
Page 65, line 22, after "code.", add "This subsection (5) does not require the administrator to allow a licensee to make corrective action prior to the administrator filing legal or administrative action for repeated or willful violations of this code.".
Page 67, line 16, strike "percent." and substitute "percent pursuant to section 18-15-104, C.R.S.".
Page 100, strike lines 15 through 18 and substitute the following:
"expected to produce a ratio of incurred claims to earned premium of not less than forty percent.".
Page 102, line 23, after "as", insert "the".
Page 103, line 15, strike "two thousand one hundred" and substitute "three thousand".
Page 143, strike lines 22 and 23 and substitute the following:
"consist of the attorney general, the chairperson of the council, and three members of the council appointed by such chairperson. Of the subcommittee members who are also members of the council, two shall be representatives of the consumer credit industry and two shall be representatives of the public. Any action taken by a".
Page 144, after line 2, insert the following:
"SECTION 2. 5-9-101 (1), (2), (3) (a), and (3) (b), Colorado Revised Statutes, are amended to read:
5-9-101. Time of taking effect - provisions for transition. (1) Except as otherwise provided in this section, this code takes as it existed prior to the enactment of House Bill 1185, as enacted at the second regular session of the sixty-second general assembly, took effect at 12:01 a.m. on October 1, 1971 and was in effect through June 30, 2000.
(2) To the extent appropriate to permit the administrator to prepare for operation of this code as it existed prior to the enactment of House Bill 1185, as enacted at the second regular session of the sixty-second general assembly, when it takes took effect and to act on applications for licenses to make supervised loans under this code as it existed prior to the enactment of House Bill 1185, as enacted at the second regular session of the sixty-second general assembly, (subsection (1) of section 5-3-503), the provisions on supervised loans (part 5) of the article on loans (article 3 of this title) and of the article on administration (article 6 of this title) take took effect on July 1, 1971 and were in effect through June 30, 2000.
(3) Transactions entered into before October 1, 1971, and the rights, duties, and interests flowing from them thereafter, may be terminated, completed, consummated, or enforced as required or permitted by any statute, rule of law, or other law amended, repealed, or modified by this code as though the repeal, amendment, or modification had not occurred, but this code, as it existed prior to the enactment of House Bill 1185, as enacted at the second regular session the sixty-second general assembly, applies to:
(a) Refinancings, consolidations, and deferrals made on or after October 1, 1971, and before July 1, 2000, concerning sales, leases, and loans whenever made;
(b) Sales or loans made on or after October 1, 1971, and before July 1, 2000, pursuant to revolving charge accounts (section 5-2-108) and revolving loan accounts (section 5-3-108) entered into, arranged, or contracted for before October 1, 1971; and
SECTION 3. 5-9-102, Colorado Revised Statutes, is amended to read:
5-9-102. Continuation of licensing. Notwithstanding the repeal and reenactment of articles 2 and 3 of chapter 73, C.R.S. 1963, by this code, all persons licensed or otherwise authorized under the provisions of articles 2 or 3 of chapter 73, C.R.S. 1963, immediately prior to October 1, 1971, are licensed to make supervised loans under this code as it existed prior to the enactment of House Bill 1185, as enacted at the second regular session the sixty-second general assembly, pursuant to the provisions on supervised loans of the article on loans (part 5 of article 3 of this title) in effect on and after October 1, 1971 but before July 1, 2000, and all provisions of said sections apply to the persons so previously licensed or authorized. The administrator may, but is not required to, deliver evidence of licensing to the persons so previously licensed or authorized.
SECTION 4. Article 9 of title 5, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:
5-9-101.5 Time of taking effect - provisions for transition. (1) Except as otherwise provided in this section, this code as it exists following the repeal and reenactment contained in House Bill 1185, as enacted at the second regular session of the sixty-second general assembly, takes effect at 12:01 a.m. on July 1, 2000.
(2) Transactions entered into before July 1, 2000, and the rights, duties, and interests flowing from them thereafter, may be terminated, completed, consummated, or enforced as required or permitted by any statute, rule of law, or other law amended, repealed, or modified by this code as though the repeal, amendment, or modification had not occurred, but this code applies to:
(a) Refinancings, consolidations, and deferrals made on or after July 1, 2000, concerning sales, leases, and loans whenever made;
(b) Sales or loans made on or after July 1, 2000, pursuant to revolving credit entered into, arranged, or contracted for before July 1, 2000; and
(c) All credit transactions made before July 1, 2000, insofar as the remedies and penalties under article 5 of this title limits the remedies of creditors.
(3) With respect to revolving credit accounts entered into, arranged, or contracted for before July1, 2000, disclosure pursuant to section 5-3-103 shall be made not later than thirty days after July 1, 2000.
5-9-102.5 Continuation of licensing. Notwithstanding the repeal and reenactment of part 5 of article 3 of this title by House Bill 1185, as enacted at the second regular session of the sixty second general assembly, all persons licensed or otherwise authorized under the provisions of part 5 of article 3 immediately prior to July 1, 2000, are licensed to make supervised loans under this code pursuant to the provisions on supervised loans contained in part 3 of article 2 of this title, and all provisions of said part 3 apply to the persons so previously licensed or authorized. The administrator may, but is not required to, deliver evidence of licensing to the persons so previously licensed or authorized.
"SECTION 5. Effective date. This act shall take effect July 1, 2000.".
Renumber succeeding section accordingly.
HB00-1296 be referred favorably to the Committee on Finance.
JUDICIARY
After consideration on the merits, the Committee recommends the following:
HB00-1114 be referred to the Committee of the Whole with favorable recommendation.
HB00-1240 be referred to the Committee of the Whole with favorable recommendation.
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee recommends the following:
HB00-1183 be referred favorably to the Committee on Finance.
HB00-1225 be referred to the Committee of the Whole with favorable recommendation._______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, the General Orders Calendar (HB00-1138, 1055, 1109, 1089, 1091, 1040, 1046, 1108, 1216, 1148, 1161, 1105, 1011, 1056, 1084, 1179, 1276, 1172, 1001, 1218, 1009, 1154, 1029, 1037, 1165, 1229, 1208) was laid over until January 31, retaining place on Calendar._______________
On motion of Representative Dean, the House adjourned until 10:00 a.m., January 31, 2000.
Approved:
Attest: RUSSELL GEORGE,
Speaker
JUDITH RODRIGUE,
Chief Clerk