Journal for 04/17/2000

House Journal--104th Day--April 17, 2000

3/17/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

One Hundred-fourth Legislative Day Monday, April 17, 2000

Prayer by the Reverend 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--62.

Excused--Representatives Gordon, Hefley, McPherson--3.

Present after roll call--Representative McPherson.

The Speaker declared a quorum present.

_______________

On motion of Representative McKay, the reading of the journal of April 14, 2000, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

BUSINESS AFFAIRS AND LABOR

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

HB00-1346

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.

8-47-107, Colorado Revised Statutes, is amended to read:

8-47-107. Adoption of rules.

The director has the power to adopt reasonable and proper rules

~~and regulations~~

relative to the administration of articles 40 to 47 of this title and proper rules

~~and regulations~~

to govern proceedings

~~and hearings~~

of the division.

~~and the director has the discretion to amend said rules and regulations from time to time.~~

No such rule shall limit the jurisdiction of an administrative law judge in the division of administrative hearings to hear and decide all matters arising under articles 40 to 47 of this title.

The executive director of the department of personnel has the power to adopt reasonable and proper rules to govern procedures for hearings in workers' compensation cases before an administrative law judge in the division of administrative hearings.

Such rules

~~and regulations~~

shall be promulgated in accordance with section 24-4-103, C.R.S.

SECTION 2.

24-30-1001, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

24-30-1001. Division of administrative hearings.

(3.5)

In order to perform the duties and functions set forth in this part 10, the executive director of the department of personnel shall, in relation to departments, institutions, and agencies of the executive branch:

(a)

Adopt rules to permit the rotation of cases heard before administrative law judges in the division of administrative hearings, including the rotation of prehearing conference functions in workers' compensation cases under section 8-43-207.5, C.R.S.;

(b)

Adopt rules to govern the geographic rotation of administrative law judges in the division of administrative hearings;

(c)

Adopt rules governing hearing procedures for hearings before administrative law judges in the division of administrative hearings.

SECTION 3.

Effective date - applicability.

(1) 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.

(2) The provisions of this act shall apply to the conduct of hearings by administrative law judges in the division of administrative hearings in the department of personnel on or after the applicable effective date of this act.".

HB00-1466

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

Amend printed bill, page 2, line 17, strike "such person

~~may~~

or insurer shall

" and substitute "such person may,

and such insurer shall,

line 23, strike "

person, insurer,

" and substitute "

insurer

line 26, strike "

act to:

" and substitute "

act, upon request, to:

Page 3, line 4, strike "insurer or" and substitute "

~~insurer or~~

line 8, strike "may" and substitute "may,

and any insurer that has reason to believe the same shall,

line 14, strike "litigation." and substitute "litigation,

but only to the extent that the insurer or person disclosing the information is granted immunity under section 10-4-1005.

after line 17, insert the following:

"(b)

Paragraph

(a)

of this subsection (8) shall not be construed to prohibit the admission of evidence of a fraudulent insurance act:

(I)

In any civil litigation involving such fraudulent insurance act; or

(II)

In any civil litigation involving the alleged disclosure of information as to which the insurer or person alleged to have made such disclosure does not have immunity under section 10-4-1005.

line 18, strike "(b)" and substitute "(c)";

line 22, strike "

applicant.

" and substitute "

applicant; except that such request and any such release of information shall be solely for the purpose of detecting, investigating, preventing, or prosecuting an actual or suspected fraudulent insurance act. Information so provided shall not be used for underwriting or rating purposes except in connection with an application or policy under which a fraudulent insurance act was committed.

Page 4, strike line 21 and substitute the following:

10-4-1003 (8)

(c)

solely for the purpose of detecting, investigating, preventing, or prosecuting an actual or suspected fraudulent insurance act. Information so provided shall not be used for underwriting or rating purposes except in connection with an application or policy under which a fraudulent insurance act was committed.

Page 5, strike lines 16 and 17 and substitute the following:

"effect upon passage and shall apply to all insurance claims and".

HB00-1469

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

Amend printed bill, page 1, strike lines 2 through 9.

Strike page 2.

Page 3, strike lines 1 through 15.

Renumber succeeding sections accordingly.

Page 4, line 12, strike "

thirteen

" and substitute "

fifteen

line 14, strike "

seven

" and substitute "

nine

after line 22, insert the following:

"(V)

One small business representative;

(VI)

One representative from agriculture;".

Renumber succeeding subparagraphs accordingly.

Page 5, strike lines 18 through 21.

STATE, VETERANS AND MILITARY AFFAIRS

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

HB00-1472

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

Amend printed bill page 2, strike lines 9 through 13 and substitute the following:

"(II)

The separate segregated account of any partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons that has accepted total contributions in excess of five hundred dollars or made total expenditures in excess of five hundred dollars to support or oppose any ballot issue or ballot question. For purposes of this subparagraph (II), the term "expenditure" does not include expenditures made by persons in the regular course and scope of their business or in connection with communications sent solely to their members. The term "expenditure" also does not include a contribution, as defined in subsection (4) of this section.

Page 3, line 2, after "

committee

", insert "

that is described in section 1-45-103 (8) (

) (II) but not in section 1-45-103 (8) (

) (I)

strike line 5 and substitute "

issue or ballot question by means of the separate segregated account established for such purpose. Such issue committee shall not be

line 7, strike "

payments are expressly

" and substitute "

amounts are used or to be used

line 8, strike "

designated

______________

PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed:

HB00-1486.

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed:

HB00-1216, 1271, 1291, 1297, 1314; SB00-106.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

In response to the request of the House for a Conference Committee on

HB00-1336, the President appointed Senators Congrove, Chm., Evans, and Linkhart as members of the First Conference Committee on the part of the Senate.

_______________

CONSIDERATION OF MEMORIALS

HM00-1004

by Representatives Clarke, Tate--Memorializing former Representative Daniel Grove.

(Printed and placed in member's file; also printed in House Journal, April 13, pages 1465-1466.)

The memorial was read at length.

Representative Clarke introduced members of the family that were present.

_______________

Pursuant to House Rule 26(f) the House stood in recess to allow the following former members to speak on behalf of the honorable Daniel Grove: The honorable Senator Gloria Tanner, Wayne Knox, Jerry Kopel, Richard Gebhardt, Arie Taylor, Wilma Webb.

_______________

House reconvened.
_______________

On motion of Representative Clarke, the memorial was

adopted

by the following roll call vote:

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 E

Fairbank Y

Gagliardi Y

Gordon E

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley E

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

Nu�ez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Roll call of the House.

HM00-1005

by Representative Gotlieb--Memorializing former Representative William M. Griffith.

(Printed and placed in member's file; also printed in House Journal, April 13, pages 1466-1467.)

The memorial was read at length.

On motion of Representative Gotlieb, the memorial was

adopted

viva voce

vote.

Co-sponsors added: Roll call of the House.

_______________

THIRD READING OF BILLS--FINAL PASSAGE

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

HB00-1423

By Representatives Swenson, Dean, May, and Larson; also Senator Lamborn--Concerning the temporary withholding of certain items from persons who have outstanding warrants for their arrest, and making an appropriation in connection therewith

The question being "Shall the bill pass?".

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

passed

YES 54 NO 7 EXCUSED 4 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker E

Fairbank Y

Gagliardi N

Gordon E

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley E

Hoppe Y

Johnson Y

Kaufman E

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 Y

Nu�ez 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 Y

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool N

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-sponsor added: Representative McElhany

SCR00-002

by Senators Blickensderfer, Powers, Feeley; also Representatives Dean, George, Gordon--Concerning the submission to the registered electors of the state of Colorado of an amendment to section 48 of article V of the constitution of the state of Colorado, concerning the timetable for adoption of a redistricting plan for the general assembly.

The question being "Shall the resolution pass?".

A roll call vote was taken. As shown by the following recorded vote, a constitutional two-thirds majority of those elected to the House voted in the affirmative and the resolution was declared

passed

YES 61 NO 0 EXCUSED 4 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker E

Fairbank Y

Gagliardi Y

Gordon E

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley E

Hoppe Y

Johnson Y

Kaufman E

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

Nu�ez 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 Fairbank, Stengel, Taylor, Young

SB00-119

by Senators Blickensderfer, Powers, Feeley; also Representatives Dean, George, Gordon--Concerning the redistricting process, 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 61 NO 0 EXCUSED 4 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker E

Fairbank Y

Gagliardi Y

Gordon E

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley E

Hoppe Y

Johnson Y

Kaufman E

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

Nu�ez 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 Fairbank, Spradley, Stengel, Taylor

HB00-1435

by Representative Kaufman; also Senator Lamborn--Concerning article 9 of the "Uniform Commercial Code" on secured transactions.

Laid over until April 18, retaining place on Calendar.

HB00-1043

by Representative Young; also Senator Chlouber--Concerning the continuing jurisdiction of the public utilities commission over telecommunications services that are not subject to traditional forms of economic regulation.

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 0 EXCUSED 4 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker E

Fairbank Y

Gagliardi Y

Gordon E

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley E

Hoppe Y

Johnson Y

Kaufman E

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

Nu�ez 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 Coleman, Kester, Larson, Leyba, McKay, McPherson, Miller, Scott, Taylor

HB00-1071

by Representatives Bacon, Johnson; also Senators Matsunaka, Wattenberg--Concerning the acquisition of property by the division of wildlife in Larimer county for public purposes, 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 48 NO 13 EXCUSED 4 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker E

Fairbank N

Gagliardi Y

Gordon E

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley E

Hoppe Y

Johnson Y

Kaufman E

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay Y

McPherson N

Miller Y

Mitchell N

Morrison Y

Nu�ez Y

Paschall N

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley N

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 N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Coleman, Plant, Saliman, Smith, Stengel, Zimmerman

HB00-1429

By Representatives Hoppe, George, Johnson, Stengel, Tool, and Witwer; also Senators Teck, and Lacy--Concerning an increase in the amount of moneys in the species conservation trust fund, and making an appropriation in connection therewith.

The question being "Shall the bill pass?".

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

passed

YES 59 NO 2 EXCUSED 4 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker E

Fairbank Y

Gagliardi Y

Gordon E

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley E

Hoppe Y

Johnson Y

Kaufman E

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

Nu�ez Y

Paschall Y

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor N

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, Kester, Leyba, Smith, Webster, Williams T., Young

HB00-1430

by Representatives Stengel, Fairbank, Gotlieb, Hagedorn, Hefley, Hoppe, Kester, King, Larson, Lee, Mace, May, McPherson, Nu�ez, Sinclair, Smith, Swenson, Webster, Zimmerman; also Senator Teck--Concerning the creation of the advanced technology fund for use by the Colorado commission on higher 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 56 NO 5 EXCUSED 4 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry N

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker E

Fairbank Y

Gagliardi Y

Gordon E

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley E

Hoppe Y

Johnson Y

Kaufman E

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany N

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nu�ez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool N

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer N

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Bacon, Coleman, Lawrence, Mitchell, Paschall, Tapia, Tupa, Vigil, Williams S., Young, Mr. Speaker

HB00-1479

by Representative May; also Senator Dennis--Concerning administration of the excise tax on fuels, and, in connection therewith, amending and relocating part 2 of article 27 of title 39, Colorado Revised Statutes.

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 0 EXCUSED 4 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker E

Fairbank Y

Gagliardi Y

Gordon E

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley E

Hoppe Y

Johnson Y

Kaufman E

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

Nu�ez 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 Kester, Larson, Lee, Paschall, Scott, Mr. Speaker

_______________

On motion of Representative Dean,

HB00-1473, 1342, 1098, 1470

shall be made Special Orders on Monday, April 17, 2000, at 11:19 a.m.

_______________

The hour of 11:19 a.m., having arrived, on motion of Representative Berry, 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.)

HB00-1473

by Representative McPherson--Concerning property tax assessments involving public utilities.

Amendment No. 1

, Finance Report, dated April 13, 2000, and placed in member’s bill file; Report also printed in House Journal, April 14, page 1578-1579.

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

HB00-1342

by Representatives Morrison, Alexander, Berry, Gotlieb, Johnson, Keller, Mace, Spence, Swenson, Williams S., Young; also Senator Lamborn--Concerning provision of services to youth.

Amendment No. 1

, Judiciary Report, dated February 17, 2000, and placed in member’s bill file; Report also printed in House Journal, February 21, page 665.

Amendment No. 2

, Appropriations Report, dated April 12, 2000, and placed in member’s bill file; Report also printed in House Journal, April 13, pages 1450-1451.

Amendment No. 3

, by Representative Morrison.

Amend the Appropriations Committee Report, dated April 12, 2000, page 1, strike lines 2 through 5 and substitute the following:

"3, line 1, change the semi-colon to a period;

strike lines 2 through 5 of the committee report.".

Page 2 of the Appropriations Committee Report, strike lines 8 through 11 and substitute the following:

"strike lines 17 through 24 of the Committee Report and substitute the following:

"Page 48, strike lines 17 through 26.".".

Page 3 of the Appropriations Committee Report, strike lines 1 through 4 and substitute the following:

"strike lines 10 through 33 of the Committee Report.

Page 12 of the Committee Report, strike lines 1 through 15;

line 16 of the Committee Report, strike "

17.

" and substitute "

12.

";";

line 6 of the Appropriations Committee Report, strike "

16.

" and substitute "

13.

Amendment No. 4

, by Representative Morrison.

Amend printed bill, page 7, strike line 24 and substitute the following:

"(b)

To identify performance indicators for prevention, intervention, and treatment programs based on the standards adopted by the state board of health pursuant to section 25-20.5-106 (2)

(d),

and to review, as provided in section 25-20.5-108 all

Page 10, line 24, strike "

evaluation

" and substitute "

review

Page 14, line 2, strike "

evaluating

" and substitute "

reviewing

strike line 5 and substitute the following:

"(d)

Performance standards and measurable

line 10, strike "

program.

" and substitute "

program;

after line 10, insert the following:

"(f)

A formula for calculating the amount forwarded to the division by each prevention, intervention, and treatment program to offset the costs incurred by the division in reviewing the programs.

Page 15, line 1, strike "

and

line 2, strike "

evaluating

Page 16, strike line 2 and substitute the following:

25-20.5-108, and to forward a percentage of the program operating funds, as determined by rule, to the division to offset the costs incurred in reviewing the program;

Page 17, line 11, strike "

evaluations

" and substitute "

reviews

" and strike "

evaluation

" and substitute "

review

Page 19, strike line 15 and substitute the following:

four years, shall review, or cause to be reviewed under a

line 16, strike "(4)" and substitute "(5)";

line 20, strike "

evaluation

" and substitute "

review

line 21, strike "

evaluation

" and substitute "

review

Page 20, after line 20, insert the following:

"(4)

The division shall receive a percentage, as determined by rule, of the operating cost of each state prevention, intervention, and treatment program reviewed pursuant to this section to offset the costs incurred by the division in performing such review.

Renumber succeeding subsections accordingly.

Page 20, line 22, strike "

evaluations

" and substitute "

reviews

Page 21, line 1, strike "

evaluations

" and substitute "

reviews

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

HB00-1098

by Representative Johnson; also Senator Dennis--Concerning authority for implementation of the wildlife conservation landowner hunting preference program for wildlife habitat improvement.

Amendment No. 1

, Agriculture, Livestock, & Natural Resources Report, dated April 6, 2000, and placed in member’s bill file; Report also printed in House Journal, April 7, page 1360-1363.

Amendment No. 2

, by Representative Johnson.

Amend the House Agriculture, Livestock, and Natural Resources Committee Report, dated April 6, 2000, page 4, line 13, strike "

" and substitute "

Amendment No. 3

, by Representative Johnson.

Amend the House Agriculture, Livestock, and Natural Resources Committee Report, dated April 6, 2000, page 2, line 12, strike "

species

" and substitute "

species, except for moose, rocky mountain big horn sheep, desert big horn sheep, and rocky mountain goat,

Page 3, line 30, after "

license

", insert "

to be used only within the applicant's game management unit

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

HB00-1470

by Representative McPherson; also Senator Lacy--Concerning the modification of the manner in which the gross receipts derived from pari-mutuel wagering on greyhound racing are allocated, and, in connection therewith, reducing the tax imposed on such gross receipts from four and one-half percent to three quarters of one percent, increasing the percentage of such gross receipts that is allocated as purses from five percent to six percent and allocating one quarter of one percent of such gross receipts to pay prize awards under a newly created greyhound winners' award program.

Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representatives Lawrence and Saliman moved to amend the Report of the Committee of the Whole to show that

HB00-1470

did not pass.

The amendment was declared

lost

by the following roll call vote:

YES 18 NO 43 EXCUSED 4 ABSENT 0

Alexander Y

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker E

Fairbank N

Gagliardi Y

Gordon E

Gotlieb N

Grossman Y

Hagedorn N

Hefley E

Hoppe N

Johnson N

Kaufman E

Keller N

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 N

Nu�ez N

Paschall N

Pfiffner N

Plant Y

Ragsdale N

Saliman Y

Scott N

Sinclair N

Smith N

Spence N

Spradley N

Stengel N

Swenson Y

Takis N

Tapia N

Tate Y

Taylor N

Tochtrop Y

Tool N

Tupa Y

Veiga Y

Vigil N

Webster N

Williams S. N

Williams T. N

Windels Y

Witwer N

Young N

Zimmerman N

Mr. Speaker N

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading:

HB00-1473 amended, 1342 amended, 1098 amended, 1470

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 61 NO 0 EXCUSED 4 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker E

Fairbank Y

Gagliardi Y

Gordon E

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley E

Hoppe Y

Johnson Y

Kaufman E

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

Nu�ez 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

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed:

HM00-1004.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes:

SB00-122, amended as printed in Senate Journal, April 14, page 1003;

SB00-128, amended as printed in Senate Journal, April 14, page 1003.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB00-122 and 128.

______________

INTRODUCTION OF BILLS
First Reading

The following bills were read by title and referred to the committees indicated:

HB00-1487

by Representatives Mitchell, Fairbank, Gotlieb, Grossman, King, McKay, Paschall, Pfiffner, Scott, Spradley, Veiga; also Senators Blickensderfer, Feeley, Phillips--Concerning information disclosed to retail customers of electricity by electric utilities.

Committee on State, Veterans, & Military Affairs

HB00-1488

by Representative McElhany; also Senator Wattenberg--Concerning certificates of review in professional negligence actions.

Committee on Business Affairs & Labor

SB00-076

by Senator Owen; also Representative King--Concerning the state defined contribution plan, and making an appropriation in connection therefor.

Committee on Finance

SB00-122

by Senator Lacy; also Representatives Dean, Spradley--Concerning the provision of a portion of limited gaming proceeds to certain municipal governments to meet needs related to the advent of limited gaming in such municipalities, and making an appropriation in connection therewith.

Committee on Business Affairs & Labor

SB00-128

by Senator Lacy; also Representative Dean--Concerning the rate-setting methodology for reimbursement of nursing facilities providing services through the medicaid program.

Committee on Health, Environment, Welfare, & Institutions

Committee on Appropriations

_______________

House in recess. House reconvened.
_______________

REPORTS OF COMMITTEE OF REFERENCE

LOCAL GOVERNMENT

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

HB00-1482

be referred to the Committee of the Whole with favorable recommendation.

SB00-212

be referred to the Committee of the Whole with favorable recommendation.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate voted to concur in House amendments to SB00-069 and 190 and repassed the bills as amended.

The Senate has voted not to concur in House Amendments to SB00-154 and requests that a Conference Committee be appointed. The President appointed Senators Tebedo, Chm., Wham, and Nichol as members of the First Conference Committee on the part of the Senate. The Senate granted permission to members of the First Conference Committee on SB00-154 to consider matters not at issue between the two houses. The bill is transmitted herewith.

The Senate has adopted the First Report of the First Conference Committee on HB00-1229, as printed in Senate Journal, April 10, pages 919-920, and repassed the bill as amended. The bill is returned herewith.

The Senate has adopted the First Report of the First Conference Committee on HB00-1267, as printed in Senate Journal, April 10, pages 918-919, and repassed the bill as amended. The bill is returned herewith.

The Senate has adopted the First Report of the First Conference Committee on HB00-1326, as printed in Senate Journal, April 13, page 979, and repassed the bill as amended. The bill is returned herewith.

The Senate has adopted the First Report of the First Conference Committee on SB00-171, as printed in Senate Journal, April 14, page 982 , and repassed the bill as amended.

The Senate has adopted the First Report of the First Conference Committee on SB00-132, as printed in Senate Journal, April 17, and repassed the bill as amended.

The Senate has postponed indefinitely and returns herewith: HB00-1275 and 1295.

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on HB00-1229

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB00-1229, concerning the selection of the lieutenant governor, has met and reports that it has agreed upon the following:

1. That the House accede to the Senate amendments made to the bill, as the amendments appear in the rerevised bill.

2. That, under the authority granted to the committee to consider matters not at issue between the two houses, the following amendment is recommended:

Amend rerevised bill, page 2, line 2, strike "

2003,

" and substitute "

2001,

Page 3, line 3, strike "

2003:

" and substitute "

2001:

Page 5, line 14, strike "

2003,

" and substitute "

2001,

line 22, strike "

2003,

" and substitute "

2001,

Page 6, line 24, strike "

2003,

" and substitute "

2001,

Page 7, line 15, strike "

2007,

" and substitute "

2003

,".

Respectfully submitted,

House Committee: Senate Committee:

Gary McPherson Ken Chlouber

Bill Kaufman Ginette Dennis

Gloria Leyba Alice Nichol

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on HB00-1267

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB00-1267, concerning the administration of the "Pet Animal Care and Facilities Act" by the department of agriculture, has met and reports that it has agreed upon the following:

1. That the House accede to the Senate amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 5, after line 5, insert the following:

SECTION 9.

Article 80 of title 35, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

35-80-112.5. Denial of license - animal cruelty conviction.

(1)

The commissioner, pursuant to the provisions of article 4 of title 24, C.R.S., may deny, refuse to renew, or revoke any license authorized under this article if the applicant or licensee has been convicted of cruelty to animals pursuant to article 9 of title 18, C.R.S., or any similar statute of any other state.

(2)

Notwithstanding subsection (1) of this section, the commissioner, pursuant to the provisions of article 4 of title 24, C.R.S., shall deny, refuse to renew, or revoke any license authorized under this article if the applicant or licensee has been convicted, at any time, of one or more violations of section 18-9-202, C.R.S., the underlying factual basis of which has been found by the court to include the knowing or intentional torture or torment of an animal which needlessly injures, mutilates, or kills an animal.

Renumber succeeding sections accordingly.

2. That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendments be recommended:

Amend rerevised bill, page 3, line 4, before "

means

", insert "

or "large scale operation dog breeder"

line 8, before "

means

", insert "

or "small scale operation dog breeder"

Page 5, line 13, after "35-80-115 (1) (c),", insert "(1) (n),";

after line 24, insert the following:

"(n) One person who represents

~~commercial~~

large scale operation

dog breeders.".

Respectfully submitted,

House Committee: Senate Committee:

Steve Johnson Mark Hillman

Matt Smith Robert Hernandez

Daniel Grossman Ginette Dennis

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on HB00-1326

This Report Amends the Reengrossed Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB00-1326, concerning the "Uniform Principal and Income Act", has met and reports that it has agreed upon the following:

That the Senate recede from its amendment made to the bill, as said amendment appears in the rerevised bill, and that the following amendment be substituted therefor:

Amend reengrossed bill, page 5, after line 12, insert the following:

"(3)

The terms and conditions of a trust or a will shall govern all actions taken by a fiduciary with respect to any matter within the scope of this part 4. The provisions of this part 4 are default provisions and may be expanded, restricted, eliminated, or otherwise altered by the provisions of a trust or a will. The provisions of this part 4 shall govern the administration of a trust or will by a fiduciary only if such trust or will contains no conflicting provision.

(4)

Nothing in this part 4 shall be construed to limit or restrict a maker of a trust or will from making provisions in such trust or will that are different from the provisions in this part 4.

Respectfully submitted,

House Committee: Senate Committee:

Glenn Scott Doug Lamborn

Bill Kaufman John Evans

Jennifer Veiga Alice Nichol

______________

DELIVERY OF BILLS TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bills have been delivered to the Office of the Governor:

HB00-1216, 1271, 1291, 1297, 1314

at 2:06 p.m. on April 17, 2000.

_______________

APPOINTMENTS TO CONFERENCE COMMITTEE

Pursuant to a request from the Senate, the Speaker appointed Representatives McPherson, Chairman, Kaufman and Veiga as House conferees to the First Conference Committee on

SB00-154

______________

INTRODUCTION OF BILL
First Reading

The following bill was read by title and referred to the committee indicated:

HB00-1489

by Representative Williams T.; also Senator Blickens-derfer--Concerning business entities.

Committee on Business Affairs & Labor

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until April 18, retaining place on Calendar:

Consideration of General Orders--

HB00-1449, 1454, SB00-202, 178, 172, 071, 124, HB00-1468, SB00-003, 018, 022, 023, 050, 074, 094, 135, 145, 156, 165, 196, 197, 203

Consideration of Conference Committee reports--

HCR00-1001, SB00-160, HB00-1138, 1150, 1186, 1258

Consideration of Resolutions--

HJR00-1008, SJR00-005, HJR00-1012, HR00-1011, 1012, HJR00-1021, 1024, SJR00-011, HJR00-1026, 1028, 1029, 1030, 1018, 1025, 1031, 1032, HR00-1013, HJR00-1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, HR00-1014, HJR00-1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054

Consideration of Senate amendments--

HB00-1114, 1208

Consideration of Adherence--

HB00-1105

_______________

On motion of Representative Scott, the House adjourned until 8:00 a.m., April 18, 2000.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk

LC: