0/31/100
3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
Twenty-seventh Legislative Day Monday, January 31, 2000
Prayer by the Reverend Doctor Cynthia Cearley, Montview Presbyterian Church, Denver.
The Speaker called the House to order at 10:00 a.m.
The roll was called with the following result:
Present--63.
Excused--Representative Tate--1.
Absent--Representative Tupa--1.
Present after roll call--Representative Tupa.
The Speaker declared a quorum present._______________
On motion of Representative Windels, the reading of the journal of January 28, 2000, was dispensed with and approved as corrected by the Chief Clerk._______________
REPORTS OF COMMITTEE OF REFERENCE
JUDICIARY
After consideration on the merits, the Committee recommends the following:
HB00-1201 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, after line 14, insert the following:
"SECTION 3. 18-12-108, Colorado Revised Statutes, is amended BY THE ADDITION OF NEW SUBSECTION to read:
18-12-108. Possession of weapons by previous offenders. (6) (a) Upon the discharge of any inmate from the custody of the department of corrections, the department shall provide a written advisement to such inmate of the prohibited acts and penalties specified in this section. The written advisement, at a minimum, shall include the written statement specified in paragraph (c) of this subsection (6).
(b) Any written stipulation for deferred judgment and sentence entered into by a defendant pursuant to section 16-7-403, C.R.S., shall contain a written advisement of the prohibited acts and penalties specified in this section. The written advisement, at a minimum, shall include the written statement specified in paragraph (c) of this subsection (6).
(c) The written statement shall provide that:
(I) A person commits the crime of possession of a weapon by a previous offender in violation of this section if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h), or any other weapon that is subject to the provisions of this title subsequent to the person's conviction for a felony, or subsequent to the person's conviction for attempt or conspiracy to commit a felony, or subsequent to the person's conviction for a misdemeanor crime of domestic violence as defined in 18 U.S.C. sec. 921 (a) (33) (A), or subsequent to the person's conviction for attempt or conspiracy to commit such misdemeanor crime of domestic violence; and
(B) For the purposes of this paragraph (c), "felony" means any felony under Colorado law, federal law, or the laws of any other state; and
(II) A violation of this section may result in a sentence of imprisonment or fine, or both.
(d) The act of providing the written advisement described in this subsection (6) or the failure to provide such advisement may not be used as a defense to any crime charged and may not provide any basis for collateral attack on, or for appellate relief concerning, any conviction.".
Renumber succeeding sections accordingly.
Page 3, line 19, strike “2-2-703.” and substitute “2-2-703 - HB 00 -1201.”;
line 22, strike “HB 00-____,” and substitute “HB 00-1201,";
strike lines 24 through 26, and substitute the following:
"(a) For the fiscal year beginning July 1, 2000, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of four hundred forty-two thousand eight hundred fifty-two dollars ($442,852).
(b) (I) For the fiscal year beginning July 1, 2001, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of one million one hundred sixteen thousand nine hundred seventy-one dollars ($1,116,971).
(II) For the fiscal year beginning July 1, 2001, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of one hundred sixty-seven thousand two hundred sixty-seven dollars ($167,267).
(c) (I) For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of one hundred twenty-one thousand five hundred sixty-seven dollars ($121,567).
(II) For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of five hundred eighty-nine thousand one hundred fifty-two dollars ($589,152).
(d) For the fiscal year beginning July 1, 2003, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of six hundred thirty-five thousand sixty-nine dollars ($635,069).
(e) (I) For the fiscal year beginning July 1, 2004, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of two hundred thirty-three thousand eight hundred-seventy-two dollars ($233,872).
(II) For the fiscal year beginning July 1, 2004, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of six hundred thirty-five thousand sixty-nine dollars ($635,069).".
Strike page 4.
Page 5, strike lines 1 through 12.
HB00-1214 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 1, line 6, strike “who” and substitute “whom the transferor knows or reasonably should know”;
strike line 8 and substitute the following:
"a class 4 felony.
(2) Notwithstanding the provisions of subsection (1) of this section, any person may purchase or otherwise obtain a firearm on behalf of or transfer to a minor child with the consent of the minor child’s parent or legal guardian.
(3) Any person who sells a firearm and knows or reasonably should know the buyer intends to transfer the firearm to a person who is ineligible to possess the firearm pursuant to state or federal law commits a class 4 felony.”.
Page 2, line 1, strike “(2)” and substitute “(4)”;
strike line 8 and substitute “subsection (4) commits a class 2 petty offense.”;
line 13, strike “HB 00-____.” and substitute “HB 00-1214.”;
line 15, strike “H.B. 00-____,” and substitute “H.B. 00-1214,”;
strike lines 18 through 26, and substitute the following:
“(a) For the fiscal year beginning July 1, 2000, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of four hundred sixteen thousand eight hundred two dollars ($416,802).
(b) (I) For the fiscal year beginning July 1, 2001, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of four hundred sixteen thousand eight hundred two dollars ($416,802).
(II) For the fiscal year beginning July 1, 2001, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of one hundred fifty-seven thousand four hundred twenty-eight dollars ($157,428).
(c) (I) For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of two hundred fifty-four thousand seven hundred twelve dollars ($254,712).
(II) For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of three hundred fourteen thousand eight hundred fifty-six dollars ($314,856).
(d) (I) For the fiscal year beginning July 1, 2003, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of twenty-seven thousand seven hundred eighty-seven dollars ($27,787).
(II) For the fiscal year beginning July 1, 2003, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of four hundred eleven thousand sixty-two dollars ($411,062).
(e) (I) For the fiscal year beginning July 1, 2004, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of twelve thousand nine hundred sixty-seven dollars ($12,967).
(II) For the fiscal year beginning July 1, 2004, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of four hundred twenty-one thousand five hundred fifty-seven dollars ($421,557).".
Strike page 3.
Page 4, strike lines 1 through 6.
HB00-1235 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 1, line 6, strike ""juvenile offender"" and substitute ""juvenile"";
strike line 7;
line 8, strike "with committing" and substitute "any juvenile who is charged with committing, summoned, taken into custody, or held in detention for committing".
Page 2, line 2, strike "C.R.S." and substitute "C.R.S., as if committed by an adult.";
line 3, strike "offender" and, strike "and arrested" and substitute "or detained";
strike line 5 and substitute the following:
"by the entity authorized by the court or the local law enforcement agency to obtain fingerprints. Such entity or local agency";
line 6, strike "enforcement agency" and, strike "juvenile" and substitute "juvenile's";
line 7, strike "offender's";
strike lines 9 through 19, and substitute the following:
"(3) If a juvenile has not been fingerprinted prior to the first appearance of the juvenile before the court, the court shall order the juvenile to report to an entity authorized by the court or the local law enforcement agency for fingerprinting. The authorized entity or local law enforcement agency shall endorse upon a copy of the order the completion of the fingerprinting and return the same to the court. The authorized entity or local law enforcement agency shall forward a set of fingerprints ordered pursuant to this subsection (3) to the Colorado bureau of investigation in the form and manner prescribed by the bureau.";
after line 24, insert the following:
"SECTION 2. Appropriation. 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 public safety, for allocation to the Colorado bureau of investigation, for the fiscal year beginning July 1, 2000, the sum of eighteen thousand four hundred eighty-one dollars ($18,481) and 0.5 FTE, or so much thereof as may be necessary, for the implementation of this act.".
Renumber succeeding section accordingly.
Page 1, line 101, strike "juveniles." and substitute "juveniles, and making an appropriation in connection therewith.".
HB00-1241 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 4, after line 12, insert the following:
"(7) (a) Upon the discharge of any inmate from the custody of the department of corrections, the department shall provide a written advisement to such inmate of the prohibited acts and penalties specified in this section. The written advisement, at a minimum, shall include the written statement specified in paragraph (c) of this subsection (7).
(b) Any written stipulation for deferred judgment and sentence entered into by a defendant pursuant to section 16-7-403, C.R.S., shall contain a written advisement of the prohibited acts and penalties specified in this section. The written advisement, at a minimum, shall include the written statement specified in paragraph (c) of this subsection (7).
(c) The written statement shall provide that:
(I) (A) A person commits the crime of possession of a weapon by a previous offender in violation of this section if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this title subsequent to the person's conviction for a felony, or subsequent to the person's conviction for attempt or conspiracy to commit a felony, or subsequent to the person's conviction for a misdemeanor crime of domestic violence as defined in 18 U.S.C. sec. 921 (a) (33) (A), or subsequent to the person's conviction for attempt or conspiracy to commit such misdemeanor crime of domestic violence; and
(B) For the purposes of this paragraph (c), "felony" means any felony under Colorado law, federal law, or the laws of any other state; and
(II) A violation of this section may result in a sentence of imprisonment or fine, or both.
(d) The act of providing the written advisement described in this subsection (7) or the failure to provide such advisement may not be used as a defense to any crime charged and may not provide any basis for collateral attack on, or for appellate relief concerning any conviction.".
Page 6, 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 general fund not otherwise appropriated, to the judicial department, for allocation to the office of the state public defender, for the fiscal year beginning July 1, 2000, the sum of twenty-three thousand two hundred seventy-nine dollars ($23,279) and 0.5 FTE, or so much thereof as may be necessary, for the implementation of this act.".
Renumber succeeding sections accordingly.
Page 6, line 16, strike “HB 00-____.” and substitute “HB 00-1241.”;
line 18, strike “H.B. 00-____,” and substitute “H.B. 00-1241,”;
strike lines 21 through 26, and substitute the following:
“(a) For the fiscal year beginning July 1, 2000, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of two hundred forty-three thousand one hundred thirty-five dollars ($243,135).
(b) (I) For the fiscal year beginning July 1, 2001, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of two hundred nineteen thousand one hundred ten dollars ($219,110).
(II) For the fiscal year beginning July 1, 2001, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of ninety-one thousand eight hundred thirty-three dollars ($91,833).
(c) (I) For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of seven hundred forty-seven thousand three hundred forty-nine dollars ($747,349).
(II) For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of one hundred seventy-four thousand five hundred ninety-two dollars ($174,592).
(d) (I) For the fiscal year beginning July 1, 2003, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of four hundred sixty-seven thousand one hundred sixty-six dollars ($467,166).
(II) For the fiscal year beginning July 1, 2003, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of four hundred fifty-six thousand eight hundred sixty-nine dollars ($456,869).
(e) (I) For the fiscal year beginning July 1, 2004, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of thirty-four thousand seven hundred thirty-three dollars ($34,733).
(II) For the fiscal year beginning July 1, 2004, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of six hundred thirty-three thousand three hundred twenty dollars ($633,320).".
Strike page 7.
Page 8, strike lines 1 thorough 9.
HB00-1242 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, strike everything below the enacting clause, and substitute the following:
"SECTION 1. 18-12-101 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:
18-12-101. Definitions. (1) As used in this article, unless the context otherwise requires:
(e.2) "Gun show" means an event that is sponsored to foster the collecting, competitive use, sporting use, or other legal use of firearms and at which fifty or more firearms are offered or exhibited for sale, transfer, or exchange and at which there are at least ten gun show vendors.
(e.3) "Gun show organizer" means any person who organizes or conducts a gun show.
(e.4) "Gun show vendor" means a person who exhibits, sells, offers for sale, transfers, or exchanges one or more firearms at a fixed, assigned, or contracted location at a gun show.
SECTION 2. Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
18-12-111. Gun shows - background checks - civil immunity. (1) (a) Except as otherwise provided in paragraph (c) of this subsection (1), it shall be unlawful for a gun show vendor to sell, exchange, or otherwise transfer a firearm at a gun show unless he or she:
(I) Conducts a national instant criminal background check pursuant to the provisions of 18 U.S.C. sec. 922 (t) of the person who is purchasing or receiving the exchange or transfer of the firearm; and
(II) Receives a response authorizing the gun show vendor to proceed with the sale, exchange, or transfer.
(b) Any sale, exchange, or transfer of a firearm by a gun show vendor at a gun show in violation of this subsection (1) is a class 1 misdemeanor.
(c) The provisions of this subsection (1) shall not apply:
(I) To the sale, exchange, or transfer of an antique firearm, as defined in 18 U.S.C. sec. 921 (a) (16), or a curio or relic, as defined in 27 CFR sec. 178.11;
(II) to the sale, exchange, or transfer of a firearm to a person who demonstrates that:
(A) He or she has a valid, written permit to carry a concealed weapon issued pursuant to section 18-12-105.1 within the preceding five years; and
(B) The issuing authority, prior to issuing the permit, determined that, based on the information available, possession of a firearm by the person would not be in violation of law;
(III) To the sale, exchange, or transfer of a firearm to a person who provides written evidence certified by an employee of the Colorado bureau of investigation that, during the course of the gun show at which the sale, exchange, or transfer is to occur, an employee of the Colorado bureau of investigation, if allowed by federal law, has:
(A) Conducted a national instant criminal background check pursuant to the provisions of 18 U.S.C. sec. 922 (t) of the person who is purchasing or receiving the exchange or transfer of the firearm; and
(B) Received a proceed response.
(2) If a gun show vendor is not a licensed importer, licensed manufacturer, or licensed dealer, as defined in 18 U.S.C. sec. 921 (9), (10), and (11), respectively, the gun show vendor shall use the services of a licensed dealer to conduct the national instant criminal background check pursuant to the provisions of 18 U.S.C. sec. 922 (t), as required in subsection (1) of this section. A licensed dealer may charge a fee of up to ten dollars for conducting a national instant criminal background check on behalf of a gun show vendor. The gun show organizer shall ensure that at least one licensed dealer is available at the gun show to assist gun show vendors in complying with the requirements of subsection (1) of this section.
(3) One or more employees of the Colorado bureau of investigation, upon request of a gun show organizer, may attend a gun show to conduct, if allowed by federal law, a national instant criminal background check pursuant to the provisions of 18 U.S.C. sec. 922 (t), on any person attending the gun show, upon said person's request. The employee shall provide to said person certified, written evidence of the response received in conducting the background check and the date and time such response was received.
(4) The Colorado bureau of investigation shall not retain any record obtained or created in the course of conducting a background check pursuant to this section for more than forty-eight hours after the day on which the bureau receives a proceed response.
(5) Any transferor who complies with the provisions of this section shall not be subject to any civil or criminal liability or regulatory sanction that may arise from the lawful transfer or lawful denial of the transfer of a firearm.
SECTION 3. Effective date - applicability. This act shall take effect upon passage, and shall apply to offenses committed on or after said date.
SECTION 4. 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.".
HB00-1243 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:
Amend printed bill, page 1, line 7, strike “provide such a firearm” and substitute “sell, rent, or transfer ownership or allow unsupervised possession of a firearm with or”.
HB00-1272 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, strike lines 20 through 25, and substitute the following:
"(2) (a) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver any firearm or ammunition to any individual who the licensee knows is less than eighteen years of age.
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver any firearm or ammunition, other than a shotgun or rifle or ammunition for a shotgun or rifle, to any individual who the licensee knows is less than twenty-one years of age.".
Page 3, line 12, strike “HB 00-____.” and substitute “HB 00-1272.”;
line 14, strike “H.B. 00-____,” and substitute “H.B. 00-1272,";
strike lines 17 through 26, and substitute the following:
"(a) For the fiscal year beginning July 1, 2000, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of sixty-nine thousand four hundred sixty-seven dollars ($69,467).
(b) For the fiscal year beginning July 1, 2001, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of twenty-six thousand two hundred thirty-eight dollars ($26,238).
(c) For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of twenty-six thousand two hundred thirty-eight dollars ($26,238).
(d) For the fiscal year beginning July 1, 2003, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of fifteen thousand three hundred six dollars ($15,306).".
Strike page 4.
Page 5, strike lines 1 through 5.______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB00-1363, 1364, 1365, 1366, 1367, 1368, 1369, 1370, 1371, 1372, 1373, 1374, 1375, 1376, 1377, 1378, 1379, 1380, 1381, 1382, 1383, 1384, 1385, 1387, 1388, 1389, 1390, 1391, 1392, 1393, 1394, 1395._______________
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.
HB00-1106 by Representative Lawrence; also Senator Arnold--Concerning ratification of an interstate compact involving the exchange of criminal history records for noncriminal justice 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 40 NO 24 EXCUSED 1 ABSENT 0
Alexander N
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp N
Clarke N
Coleman Y
Dean Y
Decker Y
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb N
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson N
Kaufman Y
Keller Y
Kester Y
King Y
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 E
Taylor Y
Tochtrop N
Tool Y
Tupa Y
Veiga Y
Vigil N
Webster N
Williams S. Y
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker Y
Co-sponsors added: Representatives Grossman, Lee.
HB00-1078 by Representative Leyba; also Senator Epps--Concerning penalties for false medicaid claims.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.
YES 64 NO 0 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 Y
Miller Y
Mitchell Y
Morrison Y
Nuņez 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 E
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, Gagliardi, Hagedorn, Mace, Morrison, Ragsdale, Takis, Tapia, Tochtrop, Vigil, Young.
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.
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 57 NO 7 EXCUSED 1 ABSENT 0
Alexander Y
Allen Y
Bacon N
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman N
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 N
Saliman Y
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate E
Taylor Y
Tochtrop N
Tool Y
Tupa Y
Veiga Y
Vigil N
Webster Y
Williams S. Y
Williams T. Y
Windels N
Witwer Y
Young Y
Zimmerman N
Mr. Speaker Y
Co-sponsor added: Representative Scott.
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.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.
YES 64 NO 0 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 Y
Miller Y
Mitchell Y
Morrison Y
Nuņez 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 E
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 Coleman, Gagliardi, Mace, Plant, Tapia, Vigil, Williams S.
HB00-1151 by Representative Gotlieb; also Senator Evans--Concerning the issuance of professional educator licenses to persons holding educator licenses issued by other states.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.
YES 64 NO 0 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 Y
Miller Y
Mitchell Y
Morrison Y
Nuņez 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 E
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, Bacon, Berry, Chavez, Clapp, Clarke, Coleman, Decker, Fairbank, Gagliardi, Gordon, Hagedorn, Hefley, Hoppe, Keller, King, Larson, Lawrence, Lee, Leyba, Mace, May, McElhany, McKay, Miller, Mitchell, Nuņez, Paschall, Plant, Ragsdale, Saliman, Scott, Sinclair, Spence, Spradley, Stengel, Swenson, Tapia, Taylor, Tool, Veiga, Vigil, Webster, Williams S., Williams T., Windels, Young.
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.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.
YES 64 NO 0 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 Y
Miller Y
Mitchell Y
Morrison Y
Nuņez 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 E
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 Coleman, Gagliardi, Mace, Pfiffner, Plant, Ragsdale, Takis, Tapia, Tochtrop, Zimmerman.
HB00-1134 by Representative McElhany; also Senator Epps-- Concerning the exclusion of certain individuals from the definition of "resident individual" for purposes of Colorado individual income taxation.
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 Y
Miller Y
Mitchell Y
Morrison Y
Nuņez 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 E
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 Fairbank, Hefley, Lee, May, McKay, Mitchell, Nuņez, Pfiffner, Scott, Sinclair, Tool.
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.
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 12 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 N
Hagedorn N
Hefley N
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence N
Lee N
Leyba Y
Mace Y
May Y
McElhany N
McKay Y
McPherson N
Miller Y
Mitchell N
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley N
Stengel N
Swenson Y
Takis Y
Tapia Y
Tate E
Taylor Y
Tochtrop Y
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. N
Windels Y
Witwer Y
Young Y
Zimmerman N
Mr. Speaker Y
Co-sponsors added: Representatives Alexander, Dean, Larson, Mace, Plant, Ragsdale, Windels.
HB00-1119 by Representatives McKay, Lee, Williams S., Larson, Spence; also Senator Anderson--Concerning the exchange of information related to children.
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 62 NO 2 EXCUSED 1 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
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 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 Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis N
Tapia Y
Tate E
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, Bacon, Berry, Coleman, Fairbank, Gotlieb, Grossman, Hagedorn, Hoppe, Kaufman, King, McPherson, Miller, Mitchell, Morrison, Nuņez, Paschall, Plant.
HB00-1139 By Representatives Mace, Tapia, and Williams S.; also Senator Feeley--Concerning the appointment of guardians for minors.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.
YES 64 NO 0 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 Y
Miller Y
Mitchell Y
Morrison Y
Nuņez 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 E
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, Chavez, Coleman, Gagliardi, Gordon, Keller, Larson, Miller, Tochtrop, Vigil, Zimmerman.
HB00-1152 by Representatives Saliman, Berry, Tool; also Senators Owen, Lacy, Tanner--Concerning the expedited permanency planning program for children.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.
YES 64 NO 0 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 Y
Miller Y
Mitchell Y
Morrison Y
Nuņez 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 E
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, Coleman, Keller, Mace, Morrison, Plant, Ragsdale, Swenson, Tochtrop, Veiga, Vigil.
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".
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 57 NO 7 EXCUSED 1 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez N
Clapp Y
Clarke N
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman N
Hagedorn N
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 N
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis N
Tapia Y
Tate E
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 Chavez, Clapp, Hoppe, Kester, King, Sinclair.
HB00-1289 By Representatives Hefley, McPherson, Clapp, Dean, Fairbank, Lee, May, McElhany, Nuņez, and Paschall; also Senator Hillman--Concerning firearms regulation, and, in connection therewith, standardizing firearms regulation as a matter of statewide concern.
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 26 EXCUSED 1 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 N
Keller N
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba N
Mace N
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison N
Nuņez 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 N
Tate E
Taylor Y
Tochtrop N
Tool Y
Tupa N
Veiga N
Vigil N
Webster Y
Williams S. N
Williams T. Y
Windels N
Witwer Y
Young Y
Zimmerman N
Mr. Speaker Y
Co-sponsors added: Representatives Alexander, Decker, King, McKay, Spence, Spradley, Williams T., Young._______________
On motion of Representative Dean, HB00-1179, 1046, 1056, 1055, 1109, 1091, 1145, 1148, 1161, 1154, 1037, 1137, 1190 shall be made Special Orders on Monday, January 31, 2000, at 11:17 a.m._______________
The hour of 11:17 a.m., having arrived, on motion of Representative Williams T., the House resolved itself into Committee of the Whole for consideration of Special Orders and she was called to the Chair to act as Chairman._______________
SPECIAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been dispensed with by unanimous consent), the bills considered and action taken thereon as follows:
(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)
HB00-1179 by Representatives Kester, Gotlieb; also Senators Chlouber, Powers--Concerning the regulation of barbers and cosmetologists, and, in connection therewith, repealing the state board of barbers and cosmetologists and authorizing the director of the division of registrations in the department of regulatory agencies to license barbers and cosmetologists.
Amendment No. 1, Business Affairs & Labor Report, dated January 20, 2000, and placed in member’s bill file; Report also printed in House Journal, January 24, pages 175-177.
Amendment No. 2, by Representative Kester.
Amend the Business Affairs and Labor Committee Report, dated January
20, 2000, page 2, strike line 10 and substitute the following:
"committee - repeal.".";
line 12, after ""(2)", insert "(a)";
line 17, strike "C.R.S.";" and substitute the following:
"C.R.S.
(b) This subsection (2) is repealed, effective July 1, 2005. Prior to such repeal, the advisory committee shall be reviewed as provided for in section 2-3-1203, C.R.S.";".
Page 4, line 23, strike "director;"." and substitute "director;";";
after line 23, insert the following:
"after line 25 of the bill, insert the following:
"SECTION 30. 2-3-1203 (3) (r), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
2-3-1203. Sunset review of advisory committees. (3) The following dates are the dates for which the statutory authorization for the designated advisory committees is scheduled for repeal:
(r) July 1, 2005:
(III) The advisory committee appointed pursuant to section 12-8-108 (2), C.R.S., by the director of the division of registrations in the department of regulatory agencies.".
Renumber succeeding sections accordingly.".
Amendment No. 3, by Representative Dean.
Amend printed bill, page 17, line 23, strike "2005." and substitute "2015.".
Page 18, strike lines 15 through 26 and substitute the following:
"SECTION 30. 24-34-104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (46) The following agencies, functions, or both, shall terminate on July 1, 2015: The licensing of barbers and cosmetologists by the director of the division of registrations pursuant to article 8 of title 12, C.R.S.".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1046 By Representative Spence; also Senator Teck--Concerning the creation of elective supplemental procedures concerning securities issued by public entities.
Amendment No. 1, Finance Report, dated January 28, 2000, and placed in member’s bill file; Report also printed in House Journal, January 28, pages 218-219.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1056 by Representative Spradley; also Senator Teck--Concerning an increase in the allocation of moneys into the unemployment revenue fund.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1055 by Representatives Lawrence, Larson, Veiga; also Senators Arnold, Wham, Phillips--Concerning an extension of the annual general fund transfer to the capital construction fund.
Amendment No. 1, Finance Report, dated January 12, 2000, and placed in member’s bill file; Report also printed in House Journal, January 13, page 74.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1109 by Representative McPherson; also Senator Powers--Concerning an increase in the number of district judges in two judicial districts, and making an appropriation therefor.
Amendment No. 1, Judiciary Report, dated January 1, 2000, and placed in member’s bill file; Report also printed in House Journal, January 13, page 76.
Amendment No. 2, Appropriations Report, dated January 21, 2000, and placed in member's bill file; Report also printed in House Journal, January 21, page 146.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1091 by Representatives Taylor, Clarke, Young; also Senators Wattenberg, Anderson, Lamborn, Linkhart, Reeves--Concerning the safe operation of physical processes generating high pressures, and, in connection therewith, amending requirements governing explosives and pressure vessels.
Amendment No. 1, Business Affairs & Labor Report, dated January 18, 2000, and placed in member’s bill file; Report also printed in House Journal, January 21, pages 131-133.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
On motion of Representative Dean, the remainder of the Special Orders Calendar (HB00-1145, 1148, 1161, 1154, 1037, 1137, 1190) was laid over until February 1, retaining place on Calendar._______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB00-1179 amended, 1046 amended, 1056, 1055 amended, 1109 amended, 1091 amended.
Laid over until date indicated retaining place on Calendar: HB00-1145, 1148, 1161, 1154, 1037, 1137, 1190--February 1, 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 62 NO 0 EXCUSED 3 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
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith E
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate E
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
_______________
REPORTS OF COMMITTEE OF REFERENCE
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee recommends the following:
HB00-1083 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 4, line 4, before "moneys", insert "Title I";
line 5, strike "capped at a specified" and substitute "as specified in Title I of the federal "Workforce Investment Act of 1998.";
strike line 6.
Page 5, line 4, strike "C.R.S." and substitute "C.R.S., or any other state agency specified by the governor through executive order or otherwise.";
line 15, after "means", insert "Title I of".
Page 6, after line 1, insert the following:
"(12) "National program grant" means a grant under subtitle D of Title I of the federal act.".
Renumber succeeding subsections accordingly.
Page 6, line 10, strike "council," and substitute "council and based upon local plans,";
after line 11, insert the following:
"(17) "Title I" means Title I of the federal act.
(18) "Title I moneys" means moneys distributed pursuant to Title I.
(19) "Wagner-Peyser Act" means the federal "Wagner-Peyser Act", 29 U.S.C. sec. 49a et seq.".
Renumber succeeding subsections accordingly.
Page 6, strike lines 13 and 14 and substitute the following:
"received by the Colorado department of labor and employment pursuant to the Wagner-Peyser Act and Title II of the federal act.".
Page 8, line 18, strike "federal" and substitute "national program".
Page 9, line 8, strike "officials", and substitute "officials, in agreement with the work force board,";
line 13, strike "law." and substitute "law; except that Wagner-Peyser funds shall not be used to award contracts to private or nonprofit entities.".
Page 11, strike lines 2 and 3.
Page 12, line 13, strike "the one-stop" and substitute "the federally required one-stop".
Page 13, line 12, strike "grant" and substitute "Title I".
Page 17, line 4, before "moneys", insert "Title I";
line 16, before "moneys", insert "Title I".
Page 19, line 7, strike "entities;" and substitute "entities, which may include public schools, boards of cooperative educational services, private occupational schools and private or charter schools;";
line 11, after "organizations", insert "at least one of whom may represent the needs of persons with disabilities".
Page 20, line 8, strike "services" and substitute "services, if one-stop operators do not provide such services,";
line 12, strike "Recommend" and substitute "In partnership with the local elected officials, approve";
line 13, strike "Negotiate" and substitute "In conjunction with the local elected officials, negotiate".
Page 21, line 17, after "act", insert "that may include parents representing issues affecting youth with disabilities";
Page 22, line 10, after "Conduct", insert "performance".
Page 23, line 5, strike "section," and substitute "section and subject to federal law,";
line 7, strike "all";
line 9, strike "Such authority" and substitute "Authority" and strike "shall include," and substitute "of the consortium board shall be limited to";
line 10, strike "without limitation,".
Page 24, line 13, after the first "The", insert "consortium youth council shall review and comment, as appropriate, upon that portion of the local plan relating to eligible youth and shall submit such plan to the consortium work force board. Subject to federal law, the";
line 14, strike "all";
line 17, strike "Delegating" and substitute "Subject to federal law, delegating";
line 18, strike "all".
Page 25, line 21, strike "federal" and substitute "national program";
line 23, after "Any", insert "national program".
Page 26, line 4, strike "and the approved";
line 5, strike "local one-stop operators";
line 23, strike "years." and substitute "years, which term may be renewable.".
Page 27, line 1, strike "requirements, delegate" and substitute "requirements for membership";
line 2, strike "contract authority to the governor,";
line 3, after "responsibility", insert "and contractual responsibility";
line 7, strike "Subject to the governor’s approval," and substitute "Subject to section 116(a) of chapter 2 of the federal act concerning designation of work force areas,";
line 8, strike "after";
line 9, strike "July 1, 1998," and substitute "before the effective date of the federal act";
line 10, strike everything after the period;
strike lines 11 through 13;
line 15, before "any", insert "on an annual basis";
line 16, strike "area on an annual basis." and substitute "area.".
Page 28, line 5, after the period, insert "Automatic temporary designation as a designated work force investment area shall be granted to any unit or units of local government with a total population of two hundred thousand or more that constituted a service delivery area before the effective date of the federal act and that requests such designation. Temporary designation shall be for a period of not more than two years; except that the period may be extended until the end of the period covered by the five-year plan if the work force investment area has substantially met the local performance measures and sustained the fiscal integrity of its Title I funds.";
line 6, after "(5)", insert "(a)";
line 11, strike "July 1, 1998," and substitute "the effective date of the federal act";
after line 15, insert the following:
"(b) Any approved local work force investment area in the consortium work force investment area shall operate with the same authority as, and function as if it were, a federally designated work force investment area.";
line 20, strike "operating" and substitute "participating in the delivery of services for".
Page 29, line 19, strike "and";
after line 19 insert the following:
"(d) programs resulting from the federal "ticket to work and work incentives Improvement act of 1999"; and ";
line 20, strike "(d)" and substitute "(e)".
Page 30, line 2, strike "moneys" and substitute "moneys, personnel, and other available resources";
line 3, strike "system;" and substitute "system to the extent the partners benefit; except that, to the extent such use would violate federal law or lead to a loss of federal moneys, this paragraph (c) shall not apply;";
line 24, strike "operation of" and substitute "provision of services in".
Page 31, line 22, after "operator", insert "if the entity qualifies as a current one-stop operator functioning on and after the effective date of the federal act or, alternatively,".
Page 35, after line 1, insert the following:
"8-71-218.5. Intensive services – training services – individual training accounts. (1) Access to intensive services, as specified in the federal act, shall be available to individuals who are adults or dislocated workers who are unemployed and are unable to obtain employment through core services and who have been determined by a one-stop operator to be in need of more intensive services to obtain employment or who are employed but are determined by a one-stop operator to be in need of such services. Such services may include diagnostic testing, individual or group counseling and career planning, case management and follow-up services, and training services specified in subsection (2) of this section.
(2) Access to training services, as specified in the federal act, shall be available to participants who have met the eligibility requirements for intensive services, are unable to obtain or retain employment through such services, are determined by the one-stop operator to be in need of such services, and are eligible for such services as specified in the federal act. Such training services include, without limitation, occupational skills training, on-the-job training, and training programs operated by the private sector.
(3) Training services authorized under this section shall be provided through the use of individual training accounts, as specified in the federal act, and shall be provided to eligible individuals through the one-stop system. Exceptions to the use of individual training accounts, as set forth in the federal act, include customized training, training services not provided by a training provider within the work force area, or training services that are offered by community-based organizations or other private organizations that serve such special populations that face multiple barriers to employment.";
line 2, strike "County block grant allocation. The" and substitute "Title I appropriation - allocation. As specified in section 191(a) of the federal act, moneys received by the state under the federal act shall be subject to appropriation by the general assembly, consistent with the terms and conditions required under the federal act. The";
line 3, after "officials", insert "or their designee" and strike "block";
line 4, strike "grant" and substitute "Title I" and strike "area. The";
strike line 5 and substitute "area by the governor";
line 9, after the period, insert "The department shall contract directly with each local work force investment board.";
line 10, strike "grant" and substitute "title I";
line 12, strike "Such" and substitute "Except when such designee is the department, such";
strike lines 16 through 23 and substitute the following:
"Subject to available appropriations by the general assembly, the department shall allocate Title I moneys to each work force investment area for the operation of the work force investment program in that work force investment area.".
Page 36, line 16, strike "block grants under" and substitute "services under Title I of";
strike line 18 and substitute "recommendations to the state council pursuant to section 8-71-222 (2) (f) for review and comment. The state council shall then submit such recommendations, together with the state council's comments, to the joint budget committee of the general";
line 19, strike "approval." and substitute "approval and forwarding to the governor for final determination.";
strike lines 22 and 23 and substitute "the state council for review and comment and submission to the joint budget committee, which shall approve one such alternative and forward it to the governor for final determination. The local elected officials and CCI";
line 24, after the period, insert "Any moneys received by the state under Title I of the federal act, together with any associated full-time equivalent personnel positions, shall be subject to appropriation by the general assembly.".
Page 38, line 3, strike "Development of" and substitute "Review and comment on, and submission to the joint budget committee for final approval of,";
line 10, strike "federal "Wagner-Peyser Act", 29 U.S.C." and substitute "Wagner-Peyser Act;";
strike line 11;
line 16, strike "of labor and employment";
line 21, strike "systems;" and substitute "systems to the extent such systems pertain to activities under the federal act;";
line 23, strike "centers;" and substitute "centers as requested by a local work force area;";
line 24, strike "youth providers,";
strike lines 25 and 26 and substitute "training providers.".
Page 39, line 1, after "moneys", insert "appropriated by the general assembly";
strike lines 3 through 6.
Renumber succeeding paragraphs accordingly.
Page 42, line 13, after "designate,", insert "including persons with disabilities who can represent statewide cross-disability issues,".
Page 43, line 24, strike "each of".
Page 44, line 2, strike "established" and substitute "determined";
line 5, strike "state." and substitute "state and appropriated by the general assembly.";
Page 44, after line 8, insert the following:
"24-46.3-102. Transfer of functions. (1) The state council and the office of work force development shall, on and after the effective date of this section, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the work force coordinating council within the governor's office prior to said date concerning the duties and functions transferred to the state council and the office of work force development pursuant to this section.
(2) (a) On and after the effective date of this section, the officers and employees of the work force coordinating council prior to said date whose duties and functions concerned the duties and functions transferred to the state council and the office of work force development pursuant to this section shall be transferred to the state council and the office of work force development; except that they shall continue to be employees of the governor's office and shall serve at the pleasure of the governor.
(b) Any such employees who are classified employees in the state personnel system shall retain all rights to the personnel system and retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and regulations.
(3) On the effective date of this section, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the work force coordinating council prior to said date pertaining to the duties and functions transferred to the state council and the office of work force development pursuant to this section, are transferred to the state council and the office of work force development and become the property thereof.
(4) Whenever the work force coordinating council is referred to or designated by a contract or other document in connection with the duties and functions transferred to the state council and the office of work force development pursuant to this article, such reference or designation shall be deemed to apply to the state council. All contracts entered into by the work force coordinating council prior to the effective date of this section, in connection with the duties and functions transferred to the state council and the office of work force development pursuant to this section are hereby validated, with the state council succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred pursuant to such contracts are hereby transferred and appropriated to the state council for the payment of such obligations.";
strike lines 18 through 22 and substitute the following:
"SECTION 4. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".
HB00-1186 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 12, after line 20, insert the following:
"12-6-122.5. Contract disputes - venue - choice of law. (1) In the event of a dispute between a motor vehicle dealer and a manufacturer under a franchise agreement, notwithstanding any provision of the agreement to the contrary:
(a) At the option of the motor vehicle dealer, venue shall be proper in the county or judicial district where the dealer resides or has its principal place of business; and
(b) Colorado law shall govern, both substantively and procedurally.".
HB00-1189 be postponed indefinitely._______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, Consideration of General Orders (HB00-1138, 1089, 1040, 1108, 1216, 1105, 1011, 1084, 1276, 1172, 1001, 1218, 1009, 1029, 1165, 1229, 1208, 1149, 1124, 1222, 1099, 1080 was laid over until February 1, retaining place on Calendar.______________
Correction
H.J. page 79, line 36, strike ", Kester, Swenson".
_______________
On motion of Representative Dean, the House adjourned until 9:00 a.m., February 1, 2000.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk