Journal for 04/07/2000

House Journal--94th Day--April 7, 2000

3/7/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Ninety-fourth Legislative Day Friday, April 7, 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--65.

The Speaker declared a quorum present.

_______________

On motion of Representative Larson, the reading of the journal of April 6, 2000, was dispensed with and approved as corrected by the Chief Clerk.

_______________

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.

HB00-1052

By Representative McPherson; also Senator Feeley--Concerning an income tax credit for monetary contributions to the Colorado institute for telecommunication education.

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 48 NO 17 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke N

Coleman Y

Dean Y

Decker N

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 N

Mace Y

May N

McElhany N

McKay Y

McPherson Y

Miller Y

Mitchell N

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale N

Saliman Y

Scott N

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel N

Swenson Y

Takis N

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer N

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Hagedorn, Tapia, Tupa, Vigil

HB00-1063

By Representative Young; also Senator Sullivant-- Concerning the establishment of a credit against the Colorado income tax for health care professionals practicing in health care professional shortage areas.

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 61 NO 4 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 N

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson N

Miller Y

Mitchell Y

Morrison Y

Nuñez N

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

Co-sponsors added: Representatives Alexander, Clapp, Clarke, Coleman, Fairbank, Gagliardi, Hagedorn, Hoppe, Keller, Kester, Lawrence, Leyba, Mace, Miller, Mitchell, Morrison, Plant, Scott, Spence, Spradley, Tapia, Tate, Taylor, Tochtrop, Williams S., Windels, Zimmerman

HB00-1162

by Representative Alexander; also Senator Musgrave--Concerning the exemption of items used in agricultural operations from the state sales and use tax.

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 51 NO 14 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 N

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller N

Kester Y

King Y

Larson Y

Lawrence Y

Lee N

Leyba N

Mace Y

May N

McElhany Y

McKay Y

McPherson N

Miller Y

Mitchell Y

Morrison N

Nuñez Y

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman N

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 Y

Webster Y

Williams S. Y

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Berry, Gagliardi, Hoppe, McKay, Nuñez, Spence, Taylor, Webster, Young

HB00-1257

By Representatives Pfiffner, Allen, Clapp, Fairbank, Hoppe, King, Lee, May, McKay, Miller, Mitchell, Nuñez, Spradley, Swenson, Taylor, and Webster; also Senators Congrove, Arnold, Blickensderfer, Dennis, Dyer, Evans, Musgrave, Tebedo, Wattenberg, Andrews, Chlouber, Hillman, and Sullivant--Concerning taxation of property utilized for pollution control.

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 50 NO 15 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry N

Chavez N

Clapp Y

Clarke N

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 N

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison N

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 N

Tool N

Tupa N

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Coleman, Hefley, Spence, Young

HB00-1274

by Representatives Dean, Alexander; also Senator Owen--Concerning the exclusion of qualified state tuition program contributions from federal taxable income for Colorado state income tax purposes.

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 53 NO 12 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez N

Clapp Y

Clarke N

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 N

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace Y

May Y

McElhany Y

McKay Y

McPherson N

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

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 Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Allen, Hefley, Hoppe, Lee, Miller, Scott, Spence, Tapia

HB00-1275

by Representative Dean; also Senator Owen--Concerning the extension of the state sales and use tax exemption relating to vehicles used in interstate commerce.

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 52 NO 13 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon N

Gotlieb Y

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 Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

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 N

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa N

Veiga N

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Allen, Fairbank, Hefley, Hoppe, McKay, Miller, Mitchell, Spence, Taylor, Vigil, Young, Zimmerman

HB00-1295

by Representative Lawrence; also Senator Evans--Concerning the creation of a state income tax credit for employer contributions to medical savings accounts.

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 56 NO 9 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon N

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller N

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace N

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 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 Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Coleman, Fairbank, Hagedorn, Hoppe, Kaufman, Lee, McElhany, Miller, Morrison, Paschall, Plant, Scott, Sinclair, Spence, Tapia, Tochtrop, Williams T., Young

HB00-1318

By Representatives Tapia, Keller, Mace, Ragsdale, and Williams S.; also Senator Perlmutter--Concerning the notification of relatives prior to placement of children out of the home.

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 60 NO 5 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 N

Miller Y

Mitchell N

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman N

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 N

Young N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Clarke, Coleman, Gagliardi, Tochtrop, Vigil

HB00-1448

by Representative Stengel; also Senator Wattenberg--Concerning an increase in fees for nonresident big game licenses issued by the division of wildlife.

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 38 NO 27 EXCUSED 0 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank Y

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 Y

Lawrence N

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay Y

McPherson Y

Miller N

Mitchell N

Morrison Y

Nuñez N

Paschall N

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair N

Smith N

Spence N

Spradley N

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop N

Tool N

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Coleman, Plant, Saliman, Tupa, Mr. Speaker

HB00-1158

by Representatives Veiga, Kaufman, Hagedorn; also Senator Wham--Concerning domestic violence, 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 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, Allen, Chavez, Clarke, Coleman, Gagliardi, Gordon, Lee, Mace, McElhany, Miller, Paschall, Plant, Ragsdale, Scott, Tochtrop, Tool, Vigil, Williams S.

SB00-190

by Senator Feeley; also Representative Kaufman--Concerning methyl tertiary butyl ether.

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 56 NO 9 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean Y

Decker N

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 N

McElhany N

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 N

Spradley N

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil N

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Clarke, Coleman, Gagliardi, Mace, Miller, Plant, Scott, Swenson, Taylor

HB00-1263

by Representatives Tool, Kaufman, Lawrence, Chavez, Clarke, Decker, Grossman, Hefley, Leyba, McPherson, Mitchell, Morrison, Spence, Veiga; also Senator Evans--Concerning the management of domestic violence offenders, 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 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, Allen, Coleman, Gagliardi, Hagedorn, Kester, Mace, McElhany, Tapia, Williams S., Windels

HB00-1270

by Representative Miller; also Senator Chlouber--Concerning clarification of the existing exemption from sales and use tax for property purchased for resale in the regular course of business to apply to any motor vehicle held by a motor vehicle dealer in inventory prior to the retail sale of such vehicle, regardless of any use by such motor vehicle dealer.

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 63 NO 1 EXCUSED 1 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 N

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 E

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 Hoppe, Kester, Taylor

Representative Spradley excused from voting under House Rule 21(c).

HB00-1450

by Representative Stengel; also Senator Wattenberg--Concerning fiscal policies of the division of wildlife.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, less than a majority of those elected to the House voted in the affirmative and the bill was declared

lost

YES 28 NO 37 EXCUSED 0 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank Y

Gagliardi N

Gordon Y

Gotlieb N

Grossman Y

Hagedorn Y

Hefley N

Hoppe N

Johnson N

Kaufman Y

Keller Y

Kester N

King N

Larson Y

Lawrence Y

Lee N

Leyba N

Mace Y

May N

McElhany N

McKay N

McPherson N

Miller N

Mitchell N

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant N

Ragsdale Y

Saliman N

Scott N

Sinclair N

Smith N

Spence N

Spradley N

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop N

Tool N

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams S. Y

Williams T. N

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker Y

________________

IMMEDIATE RECONSIDERATION OF HB00-1450

Having voted on the prevailing side, Representative Dean moved for immediate reconsideration of HB00-1450. As shown by the following recorded vote less than a two-thirds majority of those elected to the House voted in the affirmative and the motion was declared

lost

YES 29 NO 36 EXCUSED 0 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 N

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 Y

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson N

Miller N

Mitchell N

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair N

Smith N

Spence N

Spradley N

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop N

Tool N

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams S. Y

Williams T. N

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker Y

_______________

REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

HB00-1098

be amended as follows, and as so amended, be rereferred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, strike everything below the enacting clause, and substitute the following:

SECTION 1.

33-4-103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

33-4-103.

Landowner preference for hunting license.

(3) (a)

The general assembly hereby finds, determines, and declares that the wildlife resources of the state are in danger of decline from increasing population pressures and the loss of wildlife habitat. In order to encourage private landowners to provide habitat for wildlife, discourage the harboring of game animals on private lands during public hunting seasons, and relieve hunting pressure on public lands by increasing game hunting on private lands, the general assembly finds that it is necessary to provide an incentive-based system to landowners to provide habitat for wildlife through a hunting license allocation program that allows hunters access to the state’s wildlife under the cooperative control of the private landowner.

(b)

As an alternative to the landowner license preference program established in subsections (1) and (2) of this section, and within the fifteen percent limit established for limited license units, a landowner who is an owner as shown by a recorded deed of a parcel of agricultural land of one hundred and sixty acres or more is eligible to participate under this subsection (3) in the wildlife conservation landowner hunting preference program for wildlife habitat improvement, hereinafter referred to as the "wildlife conservation application program" or "program". This

program is designed to encourage hunter access to private land by enabling landowners to apply for licenses using applications based upon land ownership and benefit to wildlife.

A landowner that applies to participate in the wildlife conservation application program shall have issued to that landowner applications for licenses permitting the hunting of deer, elk, antelope, and such other species as determined by the commission to meet animal management objectives for the game management unit in which the property lies, as long as such species inhabited the land for which a license is requested during the greater portion of the year previous to the application. These applications shall be issued under the restrictions set forth in this subsection (3) and as a first priority for licenses over the preferences issued under subsections (1) and (2) of this section. Fifteen percent of the total number of licenses established for the game management unit where firearm hunting licenses are totally limited for the species for which the license is requested shall be made available to landowners who meet the qualifications of this section.

(II)

The applications available under this subsection (3) shall be allocated to any participant based upon the following schedule:

(A)

For owners of one hundred sixty to six hundred thirty-nine acres, one application;

(B)

For owners of six hundred forty to one thousand one hundred ninety-nine acres, two applications;

(C)

For owners of one thousand two hundred acres to two thousand three hundred ninety-nine acres, three applications;

(D)

For owners of two thousand four hundred acres to three thousand nine hundred ninety-nine acres, four applications;

(E)

For each additional one thousand acres an additional application shall be allocated up to a maximum of six applications for owners of acreage in excess of six thousand acres.

(III)

The commission may by rule allow for the issuance of additional applications to landowners in consideration of the provision of valuable game habitat, the provision of habitat management, the provision of voluntary access to public hunting, or other factors, to achieve game management objectives.

(d)

In addition to the limitation on the number of applications available under the program as set forth in this subsection (3), the program shall have the following additional requirements:

(I)

The commission may by rule provide for the issuance of licenses in addition to the method set forth in paragraph

(c)

of this subsection (3) based upon game management objectives. If the commission decides to establish such rules, a minimum of three different types of management units shall be established: areas on the eastern plains east of interstate highway 25; areas specifically managed for quality animal hunting or quality hunting experience; and areas managed for maximum hunter opportunity. Any additional licenses issued pursuant to this subparagraph (I) shall be restricted to private lands only.

(II)

Successful applicants under this subsection (3) will receive a voucher that may be transferred to any person who is eligible for a big game license for that species to be used for the purchase of a license for that species.

(III)

Where an application is being submitted under the program in those game management units where firearm hunting licenses are totally limited for the species for which an application is being submitted, the landowner whose application does not yield all licenses set forth in subparagraph (ii) of paragraph

(c)

of this subsection (3) for the current season shall be in priority for application preference in the succeeding year.

(IV)

Hunting seasons for male licenses issued under this program shall be concurrent with public hunting seasons or designated by the commission to meet game management objectives.

(V)

For purposes of anterless management, by rule, the commission may require, for game management objectives, as a condition to participation in the program, that landowners allow hunting on their land by properly licensed hunters for the species that male licenses were issued to landowners under the program, using a maximum of three female licenses for every male license issued. Such hunts shall be conducted during a separate season. Such licenses shall be issued to landowners determined eligible, and the landowner shall ensure that all such licenses are distributed to eligible hunters. The landowner shall not charge an access fee of more than twenty-five dollars to participate in such hunts.

(VI)

In those game management units where hunting is totally limited for a species and the private landowner pool of license preferences and applications does not use the number of landowner licenses established for a species for that management area, then those unused licenses shall be made available to private landowners in that particular game management unit or data analysis unit as a first priority before becoming available to the general public hunter.

(e)

The commission shall adopt rules to implement this section prior to July 1, 2001.

SECTION 2. Safety clause.

The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

HJR00-1018

be amended as follows, and as so amended, be referred out for final action:

Amend printed resolution, page 2, after line 32, insert the following:

"WHEREAS, The Preferred Management Alternative calls for the closure of a number of vacant cattle and sheep grazing allotments; and

WHEREAS, Ensuring that ranches remain viable operations requires adequate national forest grazing allotments, and vacant grazing allotments should be kept available in case of drought, short season restrictions, and possible increased demand; and".

FINANCE

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

HB00-1436

be postponed indefinitely.

HB00-1461

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, line 1, after the period, add "

Such line shall appear prior to any other line whereby a taxpayer designates the amount of a voluntary contribution authorized in accordance with this article.

strike lines 15 through 24 and substitute the following:

"(2)

Moneys received by the Denver foundation or its successor pursuant to subsection (1) of this section shall be used to provide medical and educational assistance for victims who received physical injuries as a result of the Columbine high school shootings that took place on April 20, 1999, and to provide medical and educational assistance for other school-age victims who receive physical injuries as a result of violent crimes in Colorado. In no event shall more than the amount of five million dollars received by the Denver foundation or its successor, pursuant to subsection (1) of this section and section 42-3-115.6, C.R.S., combined, be used to provide assistance for victims who received physical injuries as a result of the Columbine high school shootings that took place on April 20, 1999.

Page 5, strike lines 1 through 10 and substitute the following:

"(c)

Moneys received by the Denver foundation or its successor pursuant to paragraph (

) of this subsection (4) shall be used to provide medical and educational assistance for victims who received physical injuries as a result of the Columbine high school shootings that took place on April 20, 1999, and to provide medical and educational assistance for other school-age victims who receive physical injuries as a result of violent crimes in Colorado. In no event shall more than the amount of five million dollars received by the Denver foundation or its successor, pursuant to paragraph (

) of this subsection (4) and section 39-22-2103, C.R.S., combined, be used to provide assistance for victims who received physical injuries as a result of the Columbine high school shootings that took place on April 20, 1999.

SECTION 3.

Appropriation - adjustment in 2000 long bill.

(1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 2000, the sum of sixty-nine thousand three hundred dollars ($69,300), or so much thereof as may be necessary, to implement the provisions of this act establishing an income tax checkoff.

(2) In addition to any other appropriation, there is hereby appropriated for the fiscal year beginning July 1, 2000, to the department of revenue, special purpose, data processing services, the sum of twenty-three thousand one hundred dollars ($23,100) to implement the provisions of this act creating a new special license plate. Such amount shall be cash funds exempt from the distributive data processing account of the highway users tax fund.

(3) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by sixty-nine thousand three hundred dollars ($69,300).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by sixty-nine thousand three hundred dollars ($69,300).".

Renumber succeeding section accordingly.

HB00-1465

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 9, strike "but" and substitute "

~~but~~

except that

line 13, strike "assets;" and substitute "assets,

and except that the aggregate amount of foreign investments that may be admitted assets pursuant to this paragraph

(h)

and to paragraph

(i)

of this subsection (1) in a single foreign jurisdiction shall not exceed:

(I)

Ten percent of its admitted assets as to a foreign jurisdiction that has a sovereign debt rating from a nationally recognized statistical rating organization recognized by the securities valuation office of the national association of securities commissioners equivalent to securities valuation office rating 1 in the then current purposes and procedures manual of the securities valuation office; or

(II)

Three percent of its admitted assets as to any other foreign jurisdiction.".

Page 4, line 1, strike "but" and substitute "

~~but~~

except that

line 5 strike "assets;" and substitute "assets,

and except that the aggregate amount of foreign investments that may be admitted assets pursuant to this paragraph

(i)

and to paragraph

(h)

of this subsection (1) in a single foreign jurisdiction shall not exceed:

(I)

(II)

Three percent of its admitted assets as to any other foreign jurisdiction.

Page 5, line 8, before "

more

", insert "

Page 7, strike line 10 and substitute the following:

admitted assets. The aggregate value of all shares that may be admitted assets shall not exceed

HB00-1470

be referred favorably to the Committee on Appropriations.

______________

PRINTING REPORT

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

HB00-1474, 1475, 1476.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has postponed indefinitely and returns herewith: HB00-1187.

______________

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title and laid over one day under the rules:

HJR00-1028

by Representative Paschall; also Senator Arnold--Concerning congratulations to the Metropolitan State College of Denver men's basketball team on winning the NCAA Division II National Championship.

WHEREAS, On March 25, 2000, the Metropolitan State College of Denver (MSCD) Roadrunners men's basketball team were crowned the NCAA Division II national champions in Louisville, Kentucky, after their awesome 97-79 victory over the defending national champion, Kentucky Wesleyan College; and

WHEREAS, The Roadrunners are MSCD's first national champions in any sport and Colorado's first national champion in any division of NCAA basketball; and

WHEREAS, The Roadrunners are now three-time Rocky Mountain Athletic Conference (RMAC) East Division champions and back-to-back North Central Region champions, and they have made back-to-back NCAA Division II men's basketball championship game appearances; and

WHEREAS, The Roadrunners' honors for the 1999-2000 season include: NCAA Division II Coach of the Year and RMAC Coach of the Year (Head Coach Mike Dunlap); Division II First Team All American, All North Central Region First Team, RMAC Most Valuable Player, and ELITE 8 Most Valuable Player (DeMarcos Anzures); ELITE 8 All Tournament First Team (DeMarcos Anzures, Kane Oakley, Lee Barlow, and John Bynum); and RMAC Player of the Year (Lee Barlow); and

WHEREAS, The Roadrunners in the 1999-2000 season either broke or tied several school records, including: Most victories in a single season (34); most consecutive wins (tie at 13); first preseasonal number 1 ranking; third straight 25-plus victory winning season; best home game winning streak (25); and all-time scoring leader (DeMarcos Anzures with 2,116 career points); and

WHEREAS, The Roadrunners have made Colorado state history by reaching a new pinnacle of excellence with their national championship victory before a nationwide television audience; now, therefore,

Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado, the Senate concurring herein:

That we, the members of the General Assembly, extend our highest praise and congratulations to the players, coaches, and staff of the Metropolitan State College of Denver Roadrunners men's basketball team for their tremendous successes and accomplishments during the 1999-2000 season, including their spectacular NCAA Division II men's basketball championship victory.

Be it further resolved

, That a copy of this Resolution be transmitted to Mike Dunlap, head coach of the Roadrunners men's basketball team, and Sheila Kaplan, President of MSCD, and to each member of Colorado's Congressional delegation.

_________

HJR00-1029

by Representatives Morrison, Gotlieb, Gordon, Saliman, Grossman, Alexander, Bacon, Clarke, Fairbank, George, Johnson, Kaufman, Keller, Larson, Lawrence, Leyba, Mace, Miller, Mitchell, Pfiffner, Swenson, Tate, Tool, and Williams T.--Concerning the declaration of holocaust awareness week.

WHEREAS, Bigotry and hatred have initiated many bloody conflicts throughout history; and

WHEREAS, The Jewish people have been the target of prejudice and intolerance; and

WHEREAS, Anti-Semitism became ingrained in certain societies resulting in the Crusades, the Inquisition, and the pogroms in Eastern Europe; and

WHEREAS, The ramifications of the Treaty of Versailles on the German economy led to the election of a tyrant; and

WHEREAS, This oppressive political leader grossly abused his power and took advantage of the German citizens' need for a scapegoat and a long-standing tradition of anti-Semitism; and

WHEREAS, All of these factors contributed to the pain, suffering, persecution, and death during the Second World War, allowing for the systematic annihilation of the Jewish people as well as Gypsies, political dissidents, the mentally and physically disabled, and homosexuals; and

WHEREAS, The world's nations have not yet learned all that they could from the Holocaust, as demonstrated by ethnic cleansing and mass killings in China, Cambodia, Africa, and the Balkans; and

WHEREAS, One of the pillars of America is that we must protect the rights and identity of the individual; and

WHEREAS, It is imperative that as Americans and Coloradans, we participate in both the local and national governmental processes; and

WHEREAS, It is the individual participation and the American system of checks and balances that prevents the misuse of power; and

WHEREAS, It is the responsibility of parents, educators, the faith community, and the mass media to teach the Holocaust as a political and human tragedy; now, therefore,

Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado, the Senate concurring herein:

That we, the members of the Sixty-second General Assembly, remember the Holocaust, Yom HaShoah, by demonstrating leadership and encouraging Colorado's citizens to put an end to bigotry and prejudice and to strive for

tikkun olam

- to repair and improve the world.

Be It Further Resolved,

That the week of May 1 through 7, 2000, is proclaimed "Holocaust Awareness Week".

_________

HJR00-1030

by Representatives Berry, Gordon, Smith, Alexander, Coleman, George, Hoppe, Kaufman, Larson, Lawrence, Miller, Saliman, Taylor, Tool, and Zimmerman; also Senators Teck, Blickensderfer, Chlouber, Dennis, Dyer, Feeley, Hillman, Sullivant, and Wattenberg--Concerning support for the Aspinall Memorial Commission.

WHEREAS, The Honorable Wayne N. Aspinall of Palisade, Colorado, was engaged in public service to the people of Colorado for more than half a century; and

WHEREAS, Wayne N. Aspinall served with distinction in the Colorado House of Representatives from 1931 to 1934, including service as Democratic Whip in 1931 and 1933; and

WHEREAS, Representative Aspinall also served with distinction in the Colorado House of Representatives in 1937 and 1938, during which time he was Speaker of the House; and

WHEREAS, Senator Aspinall served with distinction in the Colorado Senate from 1939 to 1948, including service as Democratic Whip in 1939, majority leader in 1941, and minority leader in 1943, 1945, and 1947; and

WHEREAS, Wayne N. Aspinall served as the United States Congressman from the Fourth Congressional District of Colorado during the Eighty-second through the Ninety-second Congress, serving as Chairman of the House Committee on Interior and Insular Affairs and as Chairman of the Public Land Law Review Commission from 1965 to 1970; and

WHEREAS, Congressman Aspinall was Chairman of the Subcommittee on Irrigation and Reclamation of the House Committee on Interior and Insular Affairs when Congress enacted the Colorado River Storage Project Act, which at that time was the largest reclamation authorization act ever approved by Congress; and

WHEREAS, The Colorado River Storage Project Act contained authorization to construct four large water conservation storage units (Curecanti, Flaming Gorge, Glen Canyon, and Navajo) and eleven participating irrigation projects in Colorado and her three sister states in the Upper Colorado River Basin; and

WHEREAS, It is fitting that one who has served this state long and faithfully should be recognized in a permanent and substantial way; and

WHEREAS, The Aspinall Memorial Commission, Inc., a nonprofit corporation, has been formed by a group of citizens in Palisade and Mesa County for the purpose of erecting a memorial to Wayne Aspinall; and

WHEREAS, A major component of the planned Wayne N. Aspinall Memorial is a series of "Walls of Accomplishment" to educate students and others about the water conservation needs of the State of Colorado and the entire western United States; and

WHEREAS, The town of Palisade has donated land for the Wayne N. Aspinall Memorial at a prime location in Palisade Park and has, by resolution, agreed to maintain the memorial once it is conveyed to the town by the Aspinall Memorial Commission; and

WHEREAS, The Honorable Wayne Aspinall is one of Colorado's most devoted and illustrious statesmen and citizens; and

WHEREAS, The faithful, dedicated public service of Wayne Aspinall provides an inspiring example for those who follow him in the difficult tasks of self government; and

WHEREAS, Wayne Aspinall deserves a substantial and lasting memorial for contributing so much to the improvement of the great state of Colorado; now, therefore,

Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado, the Senate concurring herein:

1. That the General Assembly encourages all private citizens, corporations, clubs, and other organizations to provide support and assistance to the Aspinall Memorial Commission.

2. That the General Assembly encourages private grant-making foundations and organizations to support the efforts of the Aspinall Memorial Commission.

3. That the General Assembly encourages all agencies of the State of Colorado to support, cooperate with, and provide assistance to the Aspinall Memorial Commission to the fullest extent possible.

4. That the General Assembly encourages Governor Bill Owens to use his best efforts to cause Colorado's neighboring states and their cities that benefit from the dams and reservoirs built as a result of Wayne Aspinall's tenure in the United States House of Representatives to provide assistance and support to the Aspinall Memorial Commission.

________________

On motion of Representative McKay, 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.)

SB00-011

by Senator Lamborn; also Representative Gotlieb--Concerning documents issued by the division of motor vehicles.

(Amended previously as printed in House Journal March 14, pages 922-923.)

Amendment No. 5

, Finance Report, dated March 29, 2000, and placed in member’s bill file; Report also printed in House Journal, March 31, pages 1240-1241.

Amendment No. 6

, by Representative Gotlieb.

Amend reengrossed bill, page 44, before line 13, insert the following:

SECTION 45.

42-3-121 (3), Colorado Revised Statutes, is amended to read:

42-3-121. Parking privileges for persons with disabilities - applicability.

(3) The department shall issue temporary distinguishing license permits and a temporary identifying placard to any person who is temporarily a person with a disability upon presentation to the motor vehicle division of a written statement, verified by a physician licensed to practice medicine in this state or practicing medicine pursuant to section 12-36-106 (3) (i), C.R.S., that such person temporarily meets the definition of a person with a disability.

The department shall issue such permits and placards to a qualifying person who is a resident of another state who becomes disabled while in this state.

Such permits and placard shall be valid for a period of ninety days from the date of issuance and may continually be renewed for additional ninety-day periods during the term of such disability upon resubmission of such written and verified statements. The provisions of this section including provisions regarding the privileges granted to persons with disabilities, revocation of license plates or placards, and display of license plates and placards shall apply in the case of temporary license permits and temporary placards issued under this subsection (3). Further, the requirement that the placard include a printed identification number as set forth in subparagraph (II) of paragraph (a) of subsection (2) of this section shall apply to both temporary license permits and temporary placards issued under this subsection (3). Temporary license permits and temporary placards issued by states other than Colorado shall be valid so long as they are currently valid in the state of issuance and valid pursuant to 23 C.F.R. part 1235.".

Renumber succeeding section accordingly.

Amendment No. 6

, by Representative Gotlieb.

Amend reengrossed bill, page 7, line 14, strike "

licensed

line 15, strike "

licensed

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

HB00-1447

by Representatives Dean, Tate, Coleman; also Senator Chlouber--Concerning regulatory processes to ensure increased competition in the retail telecommunications market.

Amendment No. 1

, Business Affairs & Labor Report, dated March 28, 2000, and placed in member’s bill file; Report also printed in House Journal, March 30, pages 1151-1152.

Amendment No. 2

, by Representative Dean.

Amend the Business Affairs and Labor Committee Report, dated March 28, 2000, page 1, line 6, strike ""(4)

With

" and substitute the following:

""(3.5)

Notwithstanding any provision of this section to the contrary, the commission shall at all times ensure that no provider of a telecommunications service prices such service in a manner that will impede the development of a competitive retail telecommunications market in Colorado.

(4)

With

Amendment No. 3

, by Representative Spradley.

Amend the Business Affairs and Labor Committee Report, dated March 28, 2000, page 2, line 3, strike "index." and substitute "index";

strike lines 4 and 5 and substitute the following:

"minus an index that represents telecommunications productivity changes as determined by the commission. This adjustment shall be granted only".

Amendment No. 4

, by Representative Spradley.

Amend the Business Affairs and Labor Committee Report, dated March 28, 2000, page 2, line 23, strike ""

apply

.";" and substitute ""

apply. In addition, notwithstanding any provision of this article to the contrary, the commission shall retain jurisdiction to enforce its standard concerning predatory pricing, established pursuant to section 40-15-110.5 (3), and any related rules or standards concerning monopolistic price discrimination or practices commonly referred to as "price squeezing" practices.

";";

after line 24 of the committee report, insert the following:

"line 19, strike "

deregulation.

" and substitute "

deregulation; except that the commission shall retain jurisdiction to enforce its standard concerning predatory pricing, established pursuant to section 40-15-110.5 (3), and any related rules or standards concerning monopolistic price discrimination or practices commonly referred to as "price squeezing" practices.

";";

after line 29 of the committee report, insert the following:

"line 18, after "

exchanges.

", add "

In addition, notwithstanding any provision of this section to the contrary, the commission shall retain jurisdiction to enforce its standard concerning predatory pricing, established pursuant to section 40-15-110.5 (3), and any related rules or standards concerning monopolistic price discrimination or practices commonly referred to as "price squeezing" practices.

";".

Amendment No. 5

, by Representative Tate.

Amend the Business Affairs and Labor Committee Report, dated March 28, 2000, page 1, after line 2, insert the following:

"Page 3, line 25, strike "A NEW SECTION" and substitute "THE FOLLOWING NEW SECTIONS".";

line 13 of the committee report, strike "

section.

";" and substitute the following:

section.

40-15-110.7. Expedited procedure - availability.

(1)

A complaint alleging a violation of the prohibition on predatory pricing contained in section 40-15-110.5 or of the commission's rules governing quality of service shall be filed with the commission and may be heard by the commission or, at the commission's discretion, by an administrative law judge designated by the commission.

(2)

A hearing on a complaint described in subsection (1) of this section shall be held in accordance with the procedures set forth in article 6 of this title; except that the commission, in its discretion and upon notice to the parties, may use an expedited or accelerated time schedule adopted by the commission by rule or may apply the following expedited time schedule:

(a)

The complaint shall be served by hand delivery upon the respondent and filed with the commission on the same day that it is served upon the respondent.

(b)

An answer or other responsive pleading to the complaint shall be filed with the commission not more than ten calendar days after receipt of the complaint. Copies of the answer or responsive pleading shall be served by hand delivery upon the complainant on the same day that it is filed.

(c)

Within ten calendar days after being served with the answer or other responsive pleading, the complainant shall file and serve on all other parties a list of witnesses and exhibits it intends to offer at the hearing, together with a brief summary of the testimony of each witness, the address and telephone number of each witness, and copies of all exhibits it intends to offer into evidence. Within ten calendar days after being served with the complainant's list of witnesses and exhibits, the respondent and each other party shall file and serve on all other parties its own list of witnesses and exhibits, together with all corresponding summaries, copies, and other information as required of the complainant under this paragraph

(c).

(d)

A prehearing conference shall be held not later than thirty days after the answer is filed. A hearing on the complaint shall commence not later than forty-five days after the complaint is filed.

(e)

Within twenty days after the hearing is conducted, the commission shall either prepare a decision or approve the decision of the administrative law judge. The final decision shall be issued as an order of the commission.

(f)

Discovery shall be governed by procedures adopted by the commission; except that the number of interrogatories, including all discrete subparts and requests for production of documents, shall not exceed twenty, and the number of depositions shall not exceed two per party unless otherwise ordered. Discovery shall commence by hand delivery within fifteen days after service of the complaint. Responses to written discovery, including any objections, shall be served by hand delivery within seven calendar days after receipt. Motions to compel responses to discovery shall be filed within five days after receipt of any objection, and such motions shall be governed by procedures adopted by the commission; except that such motions shall be hand-delivered and responses thereto shall be served and filed within seven calendar days after receipt.

(g) (I)

If the commission or administrative law judge finds that a violation of this section has occurred, the commission shall, within five business days, order the violator to remedy the violation within a specified period of time. The commission may prescribe specific action to be taken by the violator, including, but not limited to, submitting a plan for preventing future violations. The commission shall review and approve or disapprove the plan. In addition, the commission may order bill credits, to the telecommunications provider whose service and customers were affected, in an amount that equitably reflects the impairment of service suffered by that provider and its customers.

(II)

If the violation continues beyond the time period specified in the commission's order or if the violator does not meet the goals of its improvement plan within the time period specified in the plan, additional penalties may be assessed against the violator. The commission on its own motion or upon the motion of an interested party may impose such penalties on the violator.

";".

Amendment No. 6

, by Representative Tate.

Amend the Amendment No. 5, by Representative Tate, as printed in House Journal page 1372, line 33, strike "

commission and

" and substitute "

commission. The commission, in its sole discretion, shall determine if the matter will be heard on an expedited basis. If so, it

Amendment No. 7

, by Representative Hefley.

Amend printed bill, page 6, line 13, strike "

Effective"

and substitute the following:

On or before January 1, 2004, the staff of the commission shall provide the commission with a report assessing the status of competition in the Colorado telecommunications market and, before January 1, 2004, the commission shall institute a proceeding to determine whether the Colorado telecommunications market is sufficiently competitive. If, after such proceeding, the commission determines the Colorado telecommunications market is sufficiently competitive, effective";

strike lines 17 through 19 and substitute the following:

articles 1 to 7 of this title.".

Amendment No. 8

, by Representative King.

Amend the Amendment No. 7, by Representative Hefley as printed in House Journal page 1374, strike line 26 and substitute the following:

articles 1 to 7 of this title. If, after such proceeding, the commission determines that the Colorado telecommunications market is not sufficiently competitive, the commission shall retain jurisdiction over all such services.

".".

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

(For change in action, see Amendments to Report.)

HB00-1437

by Representative George--Concerning rural transportation authorities.

Amendment No. 1

, by Representative George.

Amend printed bill, page 4, line 2, strike "

accommodations;

" and substitute "

accommodations in any amount that would not cause the aggregate amount of the visitor benefit tax and any lodging tax imposed on such overnight rooms or accommodations to exceed four percent of the price of such overnight rooms or accommodations;

line 15, after "

and

", insert "

a minimum of seventy-five percent of the net revenue derived from the tax

after line 18, insert the following:

"(III)

Notwithstanding the provisions of subparagraph (I) of this paragraph (

i.5

), an authority may derive no more than one third of its total revenues from the visitor benefit tax.

Renumber succeeding subparagraph accordingly.

Amendment No. 2

, by Representative Scott.

Amend printed bill, page 4, after line 18, insert the following:

"(III)

Any authority that imposes a visitor benefit tax shall give due consideration to the transportation needs of persons who pay the visitor benefit tax on the purchase of overnight rooms or accommodations when constructing, operating, and maintaining rural transportation systems and shall ensure that such visitors have easy access to such rural transportation systems.

Renumber succeeding subparagraph accordingly.

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

HB00-1456

by Representatives Paschall, Coleman, George, Kester, Larson, May, McKay, Spradley, and Zimmerman; also Senators Wattenberg, Hillman, Anderson, Matsunaka, and Phillips--Concerning a requirement that insurers notify parties of the status of a claim in a timely manner.

Amendment No. 1

, Business Affairs & Labor Report, dated March 30, 2000, and placed in member’s bill file; Report also printed in House Journal, March 31, page 1213.

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

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

HB00-1140, 1440, 1449, 1454, 1136, 1169, 1183, 1227, 1305, 1327, 1355, 1389, 1395, 1418, SB00-202, HB00-1463

) was laid over until April 10, retaining place on Calendar.

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative Dean moved to amend the Report of the Committee of the Whole to show that Amendment No. 4, by Representative Spradley (printed in House Journal page 1371, lines 42-56, and on page 1372, lines 1-14) to HB00-1447, did not pass, and that

HB00-1447, as amended

, did pass.

The amendment was declared

passed

by the following roll call vote:

YES 35 NO 30 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry N

Chavez Y

Clapp Y

Clarke N

Coleman Y

Dean Y

Decker N

Fairbank Y

Gagliardi N

Gordon N

Gotlieb Y

Grossman N

Hagedorn Y

Hefley N

Hoppe Y

Johnson Y

Kaufman N

Keller N

Kester Y

King Y

Larson N

Lawrence N

Lee Y

Leyba N

Mace Y

May N

McElhany N

McKay N

McPherson Y

Miller Y

Mitchell Y

Morrison N

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale N

Saliman N

Scott Y

Sinclair Y

Smith N

Spence Y

Spradley N

Stengel Y

Swenson Y

Takis N

Tapia N

Tate Y

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels N

Witwer N

Young N

Zimmerman N

Mr. Speaker Y

Representative Dean moved to amend the Report of the Committee of the Whole to show that Amendment No. 3, by Representative Spradley (printed in House Journal page 1371, lines 32-40) to HB00-1447, did not pass, and that

HB00-1447, as amended

, did pass.

The amendment was declared

passed

by the following roll call vote:

YES 35 NO 30 EXCUSED 0 ABSENT 0

Alexander N

Allen Y

Bacon N

Berry N

Chavez Y

Clapp Y

Clarke N

Coleman Y

Dean Y

Decker N

Fairbank Y

Gagliardi N

Gordon N

Gotlieb Y

Grossman N

Hagedorn Y

Hefley N

Hoppe Y

Johnson N

Kaufman N

Keller N

Kester Y

King Y

Larson N

Lawrence N

Lee Y

Leyba N

Mace Y

May N

McElhany N

McKay N

McPherson Y

Miller Y

Mitchell Y

Morrison N

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley N

Stengel Y

Swenson Y

Takis N

Tapia Y

Tate Y

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga Y

Vigil Y

Webster Y

Williams S. N

Williams T. N

Windels N

Witwer N

Young Y

Zimmerman N

Mr. Speaker Y

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading:

SB00-011 amended, HB00-1447 amended, 1437 amended, 1456 amended

Laid over until date indicated retaining place on Calendar:

HB00-1140, 1440, 1449, 1454, 1136, 1169, 1183, 1227, 1305, 1327, 1355, 1389, 1395, 1418, SB00-202, HB00-1463

--April 10, 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 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 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 N

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

_______________

REPORT FROM THE SENATE AND HOUSE
COMMITTEES ON DELAYED BILLS

Pursuant to Joint Rule 23 (c), the House and Senate Committees on Delayed Bills, acting jointly, extend the following deadline for House Bill 00-1451, Concerning the Long Appropriations Bill:

The Friday, April 7 deadline (the 94

^th

legislative day) for adoption of the conference committee report on the long appropriation bill is extended until April 14, 2000 (the 101

^st

legislative day).

This memorandum shall be printed in the journal of each house as is required by said Joint Rule 23(c).

(signed) (signed)

Russell George Ray Powers

Doug Dean Tom Blickensderfer

Ken Gordon Mike Feeley

_______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed:

SB00-061, 088, 103, 176

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB00-206;

SB00-016, amended as printed in Senate Journal, April 6, page 873;

SB00-204, amended as printed in Senate Journal, April 6, page 873;

SB00-207, amended as printed in Senate Journal, April 6, page 873.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB00-206; and without comment, as amended, SB00-016, 204, and 207.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until April 10, retaining place on Calendar:

Consideration of Conference Committee report--

HCR00-1001

Consideration of Resolutions--

HJR00-1008, SJR00-005, HJR00-1012, 1007, HR00-1011, 1012, HJR00-1020, 1021, 1023, 1024, SJR00-011, HJR00-1026

Consideration of Senate amendments--

HB00-1243, 1114, 1347, 1322, 1208, 1336

______________

Correction

H.J. page 922, line 31, strike "Page 26" and substitute "Page 16".

_______________

On motion of Representative Dean, the House adjourned until 10:00 a.m., April 10, 2000.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk

LC: