Journal for 03/31/2000

House Journal--87th Day--March 31, 2000

2/31/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Eighty-seventh Legislative Day Friday, March 31, 2000

Prayer by Father Ed Judy, Samaritan House, Denver.

The Speaker called the House to order at 9:00 a.m.

The roll was called with the following result:

Present--63.

Excused--Representative Leyba--1.

Absent--Representatives Williams S.--1.

Present after roll call--Representative Williams S..

The Speaker declared a quorum present.

_______________

On motion of Representative King, the reading of the journal of March 30, 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:

HB00-1043

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.

Part 1 of article 15 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:

40-15-105.5. Interconnection among providers - definitions - authority of commission - complaints - procedure - penalties.

(1)

For purposes of this section:

(a)

The terms "facilities" and "unbundled network elements", together with the conditions, duties, and obligations associated therewith, have the meanings set forth in, and shall be construed in accordance with, the federal "Telecommunications Act of 1996", 47 U.S.C. sec. 251 et seq., and with relevant rules of the commission.

(b)

"Incumbent local exchange provider" means a telecommunications provider that is authorized by the commission to provide local exchange service and that was so authorized before July 1, 1995.

(2)

General duty of telecommunications carriers.

Each provider of telecommunications services has the duty

(a)

To interconnect directly or indirectly with the facilities and equipment of other providers of telecommunications services; and

(b)

Not to install network features, functions, or capabilities that do not comply with the guidelines and standards established pursuant to 47 U.S.C. sec. 255 or 256.

(3)

Obligations of all local exchange providers.

Each local exchange provider has the following duties:

(a)

Resale, which means the duty not to prohibit, and not to impose unreasonable or discriminatory conditions or limitations on, the resale of its telecommunications services;

(b)

Number portability, which means the duty to provide, to the extent technically feasible, number portability in accordance with requirements prescribed by the federal communications commission and the public utilities commission;

(c)

Dialing parity, which means the duty to provide dialing parity to competing providers of telephone exchange service and telephone toll service and the duty to permit all such providers to have nondiscriminatory access to telephone numbers, operator services, directory assistance, and directory listing, with no unreasonable dialing delays;

(d)

Access to rights-of-way, which means the duty to afford access to the poles, ducts, conduits, and rights-of-way of such local exchange provider to competing providers of telecommunications services on rates, terms, and conditions that are consistent with 47 U.S.C. sec. 224; and

(e)

Reciprocal compensation, which means the duty to establish reciprocal compensation arrangements for the transport and termination of telecommunications.

(4)

Additional obligations of incumbent local exchange providers.

In addition to the duties contained in subsection (3) of this section, each incumbent local exchange provider has the following duties:

(a)

Duty to negotiate, which means the duty to negotiate in good faith in accordance with 47 U.S.C. sec. 252 the particular terms and conditions of agreements to fulfill the duties described in this subsection (4) and in subsection (3) of this section. The requesting provider of telecommunications services also has the duty to negotiate in good faith the terms and conditions of such agreements.

(b)

Interconnection, which means the duty to provide, for the facilities and equipment of any requesting provider of telecommunications services, interconnection with the local exchange provider's network:

(I)

For the transmission and routing of telephone exchange service and exchange access;

(II)

At any technically feasible point within the carrier's network;

(III)

That is at least equal in quality to that provided by the local exchange provider to itself or to any subsidiary, affiliate, or any other party to which the carrier provides interconnection; and

(IV)

On rates, terms, and conditions that are just, reasonable, and nondiscriminatory, in accordance with the terms and conditions of the agreement and the requirements of this section and 47 U.S.C. sec. 252.

(c)

Unbundled access, which means the duty to provide, to any requesting provider of telecommunications services for the provision of a telecommunications service, nondiscriminatory access to network elements on an unbundled basis at any technically feasible point on rates, terms, and conditions that are just, reasonable, and nondiscriminatory in accordance with the terms and conditions of the agreement and the requirements of this section and 47 U.S.C. sec. 252. An incumbent local exchange provider shall provide such unbundled network elements in a manner that allows requesting carriers to combine such elements in order to provide such telecommunications service.

(d)

Resale, which means the duty:

(I)

To offer for resale at wholesale rates any telecommunications service that the carrier provides at retail to subscribers who are not providers of telecommunications services; and

(II)

Not to prohibit, and not to impose unreasonable or discriminatory conditions or limitations on, the resale of such telecommunications service; except that the commission may, consistent with regulations prescribed by the federal communications commission under 47 U.S.C. sec. 251, prohibit a reseller that obtains at wholesale rates a telecommunications service that is available at retail only to a category of subscribers from offering such service to a different category of subscribers.

(e)

Notice of changes, which means the duty to provide reasonable public notice of changes in the information necessary for the transmission and routing of services using that local exchange provider's facilities or networks, as well as of any other changes that would affect the interoperability of those facilities and networks.

(f)

Colocation, which means the duty to provide, on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, for physical colocation of equipment necessary for interconnection or access to unbundled network elements at the premises of the local exchange provider; except that the carrier may provide for virtual colocation if the local exchange provider demonstrates to the commission that physical colocation is not practical for technical reasons or because of space limitations.

(5)

Procedure. Disputes between parties to an interconnection agreement, and complaints arising from any alleged violation of a duty or requirement imposed by this section, shall be heard by the commission or an administrative law judge under an accelerated or expedited procedure adopted by the commission

(6)

Penalties.

(a)

If the commission or administrative law judge finds that a violation of this section has occurred, the commission shall, within five business days, order the violator to remedy the violation within a specified period of time. The commission may prescribe specific action to be taken by the violator, including, but not limited to, submitting a plan for preventing future violations. The commission shall review and approve or disapprove the plan. In addition, the commission may assess penalties against the violator in accordance with paragraph (

) of this subsection (6).

(

b) If the violation continues beyond the time period specified in the commission's order or if the violator does not meet the goals of its improvement plan within the time period specified in the plan, then the commission, upon its own motion, may assess additional penalties against the violator.

(c)

The commission is hereby authorized to fashion penalties for violations of this section. Such penalties may consist of either penalties as set forth in section 40-7-105 or bill credits or other forms of restitution payable by the violator to its customers or to the telecommunications provider whose service and customers were adversely affected by the violation, or both.

40-15-113. Unauthorized charge for services.

(1)

It is unlawful for a provider of telecommunications services to:

(a)

Charge a customer, through the customer's bill for telecommunications services, for goods or services without the customer's authorization to add such goods or services to the customer's bill; or

(b)

When providing billing services for another entity, knowingly participate in charging a customer for goods or services without the customer's authorization to add such goods or services to the customer's bill.

(2)

In accordance with federal law, paragraph (

) of subsection (1) of this section shall not apply to providers of wireless services who do not engage in third-party billing.

(3)

A customer is not liable for an amount charged in violation of this section.

(4)

A customer has no obligation to pay for a product not delivered or a service not furnished.

SECTION 2.

Safety clause.

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

HB00-1424

be postponed indefinitely.

HB00-1456

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

Amend printed bill, page 1, line 5, strike "

An insurer shall"

and substitute the following:

Pursuant to rules promulgated by the commissioner, an insurer shall notify any additional insured on a general liability policy, whose interests are affected by a claim, of the results of the insurer's investigation of such claim and the status of the claim

within a reasonable period of time as determined by the commissioner. Such notice shall include:".

Page 2, strike lines 1 through 6;

line 13, strike "

a third party

" and substitute "

any additional insured

strike lines 16 and 17 and substitute the following:

"(3)

The provisions of this section shall not apply to those claims under a general liability policy upon which a lawsuit has been filed.".

______________

PRINTING REPORT

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

HB00-1464.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

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

HB00-1267, the President appointed Senators Hillman, Chm., Dennis, and Hernandez as members of the First Conference Committee on the part of the Senate.

_________

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

HB00-1249, the President appointed Senators Andrews, Chm., Musgrave, and Nichol as members of the First Conference Committee on the part of the Senate.

______________

MESSAGE FROM THE GOVERNOR

I certify I received the following on the 30

^th

day of March, 2000, at 5:10 p.m. The original is on file in the records of the House of Representatives of the General Assembly.

Judith Rodrigue,

Chief Clerk of the House

March 30, 2000

To the Honorable

House of Representatives

Sixty-second General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

HB00-1240

Concerning The Inspection Of Juvenile Delinquency Records By The Colorado Bureau Of Investigation.

Approved March 29, 2000 at 1:59 p.m.

HB00-1254

Concerning The Treatment Of Offenders.

Approved March 29, 2000 at 4:19 p.m.

HB00-1276

Concerning The Confidentiality Of Records Of The Colorado Student Obligation Bond Authority.

Approved March 29, 2000 at 1:58 p.m.

HB00-1293

Concerning The Authority Of A Licensed Attorney To Accept Funds For Distribution Pursuant To A Power Of Attorney Granted By A Claimant Under The “Workers’ Compensation Act Of Colorado.”

Approved March 29, 2000 at 1:58 p.m.

HB00-1377

Concerning Crime Victims.

Approved March 29, 2000 at 4:40 p.m.

HB00-1421

Concerning Community Corrections Programs Agents Within The Department Of Corrections.

Approved March 29, 2000 at 2:00 p.m.

Sincerely,

(signed)

Bill Owens

Governor

_______________

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.

SB00-069

by Senator Chlouber; also Representative Tool--Concerning payment of employee benefits under the "Workers' Compensation Act of Colorado" to a minor employee's family upon the death of the employee.

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 0 EXCUSED 2 ABSENT 1

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba E

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 E

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. -

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

SB00-195

by Senator Chlouber; also Representative Allen--Concerning the assessment of professional competencies of educators.

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 0 EXCUSED 2 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 E

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 E

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 Bacon, Clapp, Gotlieb, King, Plant, Spence, Spradley, Stengel, Vigil

SB00-021

by Senator Dennis; also Representative McPherson--Concerning the authority of the Colorado bureau of investigation to apprehend fugitives.

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 0 EXCUSED 2 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 E

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 E

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, Fairbank, Gagliardi, Gotlieb, Grossman, Hagedorn, Hefley, Kaufman, Kester, Lawrence, Lee, McElhany, McKay, Miller, Pfiffner, Stengel, Windels

SB00-141

by Senator Wham; also Representative Lawrence--Concerning enforcement authority of the state capitol building advisory committee over objects placed at the state capitol.

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 0 EXCUSED 2 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 E

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 E

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 Gotlieb, Kaufman

________________

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

________________

GENERAL ORDERS--SECOND READING OF BILLS

The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been dispensed with by unanimous consent), the bills considered and action taken thereon as follows:

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

HB00-1246

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

Amendment No. 1

, by Representatives Tupa, Morrison, Tochtrop.

Strike the Appropriations Committee Report, dated March 3, 2000.

Strike the Health, Environment, Welfare, and Institutions Committee Report, dated January 26, 2000, and substitute the following:

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

SECTION 1.

25-1-709 (1) (b), Colorado Revised Statutes, is amended to read:

25-1-709. Regional health departments - services - programs.

(1) The program and services of regional health departments shall include to the greatest extent possible, but not be limited to:

(b) Environmental health services, including: Water quality control; sewage disposal; air pollution control; solid wastes disposal; drinking water quality surveillance; restaurant inspection; food sanitation and consumer protection; milk sanitation; rabies control; occupational health; radiological health; noise control; accident prevention; migratory and low income housing sanitation; vector control; swimming pool sanitation;

body art facility sanitation;

and plumbing sanitation;

SECTION 2.

Article 4 of title 25, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 21
BODY ARTISTS

25-4-2101. Powers and duties of department - rules.

In addition to any other powers and duties, the department of public health and environment shall promulgate rules governing the safe and sanitary practice of body art, the safe and sanitary physical environment where body art is performed, and the safe and sanitary conditions of equipment utilized in body art procedures.

25-4-2102. Penalties for violations.

Upon a finding by the department of public health and environment or a local board of health that a body art facility is in violation of any rule adopted pursuant to section 25-4-2101, the department or local board of health may assess a penalty not to exceed two hundred fifty dollars for each day of a violation. Each day of a violation shall be considered a separate offense. The department or local board of health shall consider the degree of danger to the public caused by the violation, the duration of the violation, and whether such facility has committed any similar violations.

25-4-2103. Parental consent for minors.

No body artist shall perform a body art procedure upon a minor unless the body artist has received express consent from the minor's parent or guardian. Failure to obtain such permission before performing body art procedures on a minor shall constitute a petty offense punishable by a fine of two hundred fifty dollars.

SECTION 3.

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.".".

Amendment No. 2

, by Representative Tupa.

Amend the Amendment No. 1, by Representatives Tupa, Morrison, Tochtrop, page 1218, line 52, after the period, add "

Nothing in this section shall be construed to prohibit a city, county, local board of health established pursuant to part 6 of article 1 of this title, or a county or district health department established pursuant to part 5 of article 1 of this title from adopting or enforcing ordinances, resolutions, or rules that impose standards for body art that are at least as stringent as the standards imposed by the rules adopted by the department of public health and environment.

As amended, referred to the Committee on Finance.

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

HB00-1033

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

Amendment No. 1

, Judiciary Report, dated January 11, 2000, and placed in member’s bill file; Report also printed in House Journal, January 13, page 75.

Amendment No. 2

, Appropriations

Report, dated March 10, 2000, and placed in member’s bill file; Report also printed in House Journal, March 10, page 887.

Amendment No. 3

, by Representative Tool.

Amend printed bill, page 6, line 20, strike "

department;

" and substitute "

department, and one who shall have experience handling juvenile justice matters within the department;

Page 7, line 4, strike "

agencies;

" and substitute "

agencies, one of whom shall have experience dealing with juveniles in the juvenile justice system;

line 24, strike "

state;

" and substitute "

state, one of whom shall have experience representing juveniles in the juvenile justice system;

line 26, strike "

state;

" and substitute "

state, one of whom shall have experience treating juveniles;

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

HB00-1042

by Representative Larson; also Senator Dyer--Concerning payments made by recipients of purple hearts for special license plates.

Amendment No. 1

, Appropriations Report, dated March 10, 2000, and placed in member’s bill file; Report also printed in House Journal, March 10, page 887.

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

HB00-1380

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

Amendment No. 1

, Appropriations Report, dated March 10, 2000, and placed in member’s bill file; Report also printed in House Journal, March 10, page 892.

Amendment No. 2

, by Representative Bacon.

Amend printed bill, page 2, strike line 15 and substitute the following:

"for

resale, transfer, or for

any

other

purpose, other than a purpose";

strike line 25 and substitute the following:

"not resell, transfer, or use the information in a manner that".

Page 3, strike line 14 and substitute the following:

"for

resale, transfer, or for

any

other

purpose, other than a purpose";

strike line 23 and substitute the following:

requestor shall not resell, transfer, or use the information ".

Page 5, strike line 9 and substitute the following:

"information

~~other than as specified in the contract~~

in a manner that is not authorized under law

.".

Amendment No. 3

, by Representative Dean.

Amend printed bill, page 5, after line 24, insert the following:

SECTION 3.

42-4-110.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

42-4-110.5. Automated vehicle identification systems.

(3.5) (a)

Pursuant to section 42-3-112 (14), if the purpose of a request for information is to obtain the identity of a person suspected of a violation of a state or municipal law detected through the use of an automated vehicle identification device, the department shall not release the name or address of the owner of a motor vehicle registered in this state to a county, city and county, or municipality unless there is posted a temporary sign notifying the public that an automated vehicle identification device is in use immediately ahead. The temporary sign shall be placed in a conspicuous place approximately one hundred feet for every ten miles per hour of the posted speed limit before the area in which the automated vehicle identification device is used. Such a temporary sign shall not be posted if an automated vehicle identification device is not in use.

(b)

This subsection (3.5) shall not apply to an automated vehicle identification system designed to detect violations of a traffic control device.".

Renumber succeeding section accordingly.

Amendment No. 4

, by Representative Dean.

Amend printed bill, page 5, before line 25, insert the following:

SECTION 4.

42-4-110.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

42-4-110.5. Automated vehicle identification systems.

(3.6)

(a)

The state, a county, a city and county, or a municipality shall not require another county, city and county, or municipality to serve any penalty assessment or summons issued for a violation of a state or municipal law detected through the use of an automated vehicle identification device.

(b)

All notices relating to an alleged violation detected through the use of an automated vehicle identification device shall contain the notice required by sub-subparagraph (B) of subparagraph (I) of paragraph

(a)

of subsection (2) of this section.

Renumber succeeding section accordingly.

Amendment No. 5

, by Representative Dean.

Amend printed bill, page 5, after line 24, insert the following:

SECTION 3.

42-4-110.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

42-4-110.5. Automated vehicle identification systems.

(3.4)

Renumber succeeding section accordingly.

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

HB00-1426

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

Amendment No. 1

, Judiciary Report, dated March 9, 2000, and placed in member’s bill file; Report also printed in House Journal, March 10, pages 878-879.

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

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

SB00-154

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

Amendment No. 1

, by Representative Dean.

Strike the Judiciary Committee Report, dated March 16, 2000.

Amend reengrossed bill, page 1, strike lines 2 and 3 and substitute the following:

SECTION 1.

The introductory portion to 18-12-105 (2), Colorado Revised Statutes, is amended to read:";

strike lines 7 through 12.

Page 2, strike lines 1 through 9.

Renumber succeeding sections accordingly.

Page 3, strike lines 9 through 11 and substitute the following:

person or property while traveling into or through a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern.".

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

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

HB00-1125, 1076, 1331, 1067, 1261, 1433, 1435, 1434, 1072, 1444, SCR00-002, HB00-1437, 1023, 1074, 1455

) was laid over until April 3, retaining place on Calendar.

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representatives Tupa and Johnson moved to amend the Report of the Committee of the Whole to show that the McPherson motion to send HB00-1246 to the Committee on Finance did not pass, and that

HB00-1246, as amended

, did pass.

The amendment was declared

passed

by the following roll call vote:

YES 36 NO 25 EXCUSED 3 ABSENT 1

Alexander Y

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon E

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley -

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King N

Larson Y

Lawrence Y

Lee N

Leyba E

Mace Y

May N

McElhany N

McKay N

McPherson N

Miller Y

Mitchell N

Morrison Y

Nu�ez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair N

Smith Y

Spence N

Spradley N

Stengel N

Swenson E

Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool N

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker N

Representatives Grossman and Tate moved to amend the Report of the Committee of the Whole to show that Amendment No. 3, by Representative Dean (printed in House Journal, page 1220, lines 53-55, and page 1221, lines 1-24) to HB00-1380, did not pass, and that

HB00-1380, as amended

, did pass.

The amendment was declared

lost

by the following roll call vote:

YES 22 NO 40 EXCUSED 3 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman N

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon E

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley N

Hoppe N

Johnson Y

Kaufman N

Keller Y

Kester N

King N

Larson N

Lawrence N

Lee N

Leyba E

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 Y

Saliman Y

Scott N

Sinclair N

Smith N

Spence N

Spradley N

Stengel N

Swenson E

Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop N

Tool N

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams S. Y

Williams T. N

Windels Y

Witwer N

Young N

Zimmerman Y

Mr. Speaker N

Representative McPherson moved to amend the Report of the Committee of the Whole to show that Amendment No. 1, by Representative Dean (printed in House Journal, page 1222, lines 42-56, and page 1223, lines 1-6) to SB00-154, did not pass, that the Judiciary Committee Report dated March 16, 2000, did pass, and that

SB00-154, as amended

, did pass.

The amendment was declared

lost

by the following roll call vote:

YES 31 NO 30 EXCUSED 4 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon E

Gotlieb Y

Grossman Y

Hagedorn N

Hefley N

Hoppe N

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence N

Lee N

Leyba E

Mace Y

May N

McElhany N

McKay N

McPherson Y

Miller N

Mitchell N

Morrison Y

Nu�ez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair N

Smith N

Spence N

Spradley Y

Stengel N

Swenson E

Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop N

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams S. Y

Williams T. Y

Windels Y

Witwer E

Young N

Zimmerman Y

Mr. Speaker N

Representative Spradley moved to amend the Report of the Committee of the Whole to show that the following Spradley amendment, to HB00-1426, did pass, and that

HB00-1426, as amended

, did pass.

Amend the Judiciary Committee Report, dated March 9, 2000, page 2, line 10, strike "3" and substitute "1".

The amendment was declared

passed

by the following roll call vote:

YES 36 NO 25 EXCUSED 4 ABSENT 0

Alexander Y

Allen N

Bacon N

Berry N

Chavez Y

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank N

Gagliardi N

Gordon E

Gotlieb Y

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 E

Mace Y

May Y

McElhany N

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison N

Nu�ez N

Paschall Y

Pfiffner N

Plant N

Ragsdale N

Saliman Y

Scott Y

Sinclair N

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson E

Takis N

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams S. N

Williams T. Y

Windels Y

Witwer E

Young Y

Zimmerman N

Mr. Speaker Y

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading:

HB00-1246 amended, 1033 amended, 1042 amended, 1380 amended, 1426 amended, SB00-154 amended

Laid over until date indicated retaining place on Calendar:

HB00-1125, 1076, 1331, 1067, 1261, 1433, 1435, 1434, 1072, 1444, SCR00-002, HB00-1437, 1023, 1074, 1455

--April 3, 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 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 Y

Fairbank Y

Gagliardi Y

Gordon E

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 E

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 E

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 E

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

HB00-1438

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

HB00-1439

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

HB00-1453

be postponed indefinitely.

HB00-1460

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

Amend printed bill, page 9, line 23, after "

moneys

", insert "

for the fiscal year beginning July 1, 2000, and".

SB00-190

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

Amend reengrossed bill, page 1, line 5, strike "

prohibited use in fuel

" and substitute "

prohibition - phase-out

line 6, strike "

products

Page 2, strike lines 11 and 12 and substitute the following:

"(3) (a)

Except as otherwise provided in paragraph

(b)

of this subsection (3), a person may not sell, offer for sale, or store any fuel product containing or treated with MTBE.

(b)

Any person who, as of March 1, 2000, is selling or offering to sell or storing any fuel product containing or treated with MTBE, shall phase out the sale, offer for sale, and storage thereof on or before April 30, 2002.

(c)

For purposes of this

Page 3, strike lines 20 through 26.

Strike pages 4 and 5.

Page 6, strike lines 1 through 12.

Renumber succeeding sections accordingly.

APPROPRIATIONS

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

HB00-1032

be postponed indefinitely.

HB00-1052

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

Amend printed bill, page 1, line 6, after "

For

", insert "

any

strike line 7 and substitute the following:

tax year commencing on or after January 1, 2001, if, based on the financial report prepared by the controller in accordance with section 24-77-106.5, C.R.S., the controller certifies that the amount of state revenues for the state fiscal year ending in that income tax year exceeds the limitation on state fiscal year spending imposed by section 20 (7) (

) of article X of the state constitution and the voters statewide either have not authorized the state to retain and spend all of the excess state revenues or have authorized the state to retain and spend only a portion of the excess state revenues for that fiscal year, there shall be

Page 2, line 2, strike "

twenty-five

" and substitute "

fifteen

after line 14, insert the following:

"(3)

Any credit allowed for any given income tax year pursuant to this section shall be published in rules promulgated by the executive director in accordance with article 4 of title 24, C.R.S., and shall be included in income tax forms for that income tax year.

(4)

If one or more ballot questions are submitted to the voters at a statewide election to be held in November of any calendar year commencing on or after January 1, 2001, that seek authorization for the state to retain and spend all of the amount of excess state revenues for the state fiscal year ending during said calendar year, the executive director shall not determine whether the credit authorized by subsection (1) of this section shall be allowed and shall not promulgate rules containing said credit until the impact of the results of said election on the amount of the excess state revenues to be refunded is ascertained.

(5)

The general assembly finds and declares that the income tax credit authorized by this section is a reasonable method of refunding a portion of the excess state revenues required to be refunded in accordance with section 20 (7) (

) of article X of the state constitution.

strike lines 15 through 23 and substitute the following:

SECTION 2.

Safety clause.

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

HB00-1063

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

Amend the Finance Committee Report, dated February 2, 2000, page 2, strike lines 5 through 7 and substitute the following:

subsection (4) of this section up to the

line 12, strike "

the balance due and owing on

HB00-1064

be postponed indefinitely.

HB00-1133

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

HB00-1146

be postponed indefinitely.

HB00-1168

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

Amend the House Judiciary Committee Report, dated January 25, 2000, page 1, line 1, strike "lines 17 through 21," and substitute "lines 7 through 21,";

line 3, strike "

"SECTION 5.

" and substitute ""

SECTION 4.

line 6, strike "

17-1-128.

" and substitute "

17-1-126.

line 13, strike "

general fund

" and substitute "

capital construction fund

Page 2, line 15, strike "($12,244)."" and substitute "($12,244).";

after line 15, insert the following:

SECTION 5.

24-75-302 (2) (m) Colorado Revised Statutes is amended to read:

24-75-302. Capital construction fund-capital assessment fees-calculation.

(2) As of July 1, 1988, and July 1 of each year thereafter through July 1, 2002, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24-75-201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:

(m) On July 1, 2000, one hundred million dollars, plus one hundred eighty-four thousand ninety dollars pursuant to H.B. 97-1186; plus four hundred seventy-eight thousand six hundred thirty-four dollars pursuant to H.B. 97-1077, enacted at the first regular session of the sixty-first general assembly; plus twelve thousand two hundred seventeen dollars pursuant to S.B. 98-021, enacted at the second regular session of the sixty-first general assembly; plus seventy-one thousand two hundred seven dollars pursuant to H.B. 98-1160, enacted at the second regular session of the sixty-first general assembly;

plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 00-1168, enacted at the second regular session of the sixty-second general assembly;

".".

HB00-1257

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

Amend printed bill, page 2, after line 1, insert the following:

SECTION 1.

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

39-26-127. Fiscal years commencing on or after July 1, 1999 - temporary exemption of pollution control equipment from state sales and use tax to refund revenues exceeding TABOR limit - authority of executive director.

(1)

For the fiscal year commencing on July 1, 1999, if the revenue estimate prepared by the staff of the legislative council in June 2000 indicates that the aggregate amount of excess state revenues will exceed the limitation on state fiscal year spending imposed by section 20 (7) (

) of article X of the state constitution for that fiscal year and voters statewide either have not authorized the state to retain and spend all of the excess state revenues for that fiscal year or have authorized the state to retain and spend only a portion of the excess state revenues for that fiscal year, the executive director of the department of revenue shall temporarily exempt from the sales and use tax imposed pursuant to sections 39-26-104 and 39-26-202, for the period commencing on October 1, 2000, through June 30, 2001, pollution control equipment in accordance with sections 39-26-114 (24) and 39-26-203 (1)

(nn);

except that, if a referendum petition is filed against this act during the ninety day period after final adjournment of the second regular session of the sixty-second general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, and if the act is approved by the voters statewide, then the temporary exemption authorized by this subsection (1) shall be effective for the period commencing on April 1, 2001, through June 30, 2001.

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

) of article X of the state constitution for that fiscal year and voters statewide either have not authorized the state to retain and spend all of the excess state revenues for that fiscal year or have authorized the state to retain and spend only a portion of the excess state revenues for that fiscal year, the executive director of the department of revenue shall temporarily exempt from the sales and use tax imposed pursuant to sections 39-26-104 and 39-26-202, for the period commencing on July 1 of the calendar year in which that fiscal year ends through June 30 of the immediately subsequent calendar year, pollution control equipment in accordance with sections 39-26-114 (24) and 39-26-203 (1)

(nn).

(3)

The general assembly finds and declares that providing a state sales and use tax exemption for pollution control equipment is a reasonable method of refunding a portion of the excess state revenues required to be refunded in accordance with section 20 (7)

(d)

of article X of the state constitution.

(4)

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

Renumber succeeding sections accordingly.

Page 2, line 5, strike "

All

" and substitute "

Subject to section 39-26-127, all

Page 4, line 15, strike "

" and substitute "

Subject to section 39-26-127, to

HB00-1263

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

Amend the Judiciary Committee Report, dated February 17, 2000, page 2, strike line 4, and substitute the following:

"Page 8, strike line 11 and substitute the following:

placed on

line 21, strike "

inpatient";

Page 2 of the committee report, strike lines 23 through 28 and substitute the following:

"Page 11, strike lines 19 through 26.

Page 12, strike lines 1 through 6.

Renumber succeeding C.R.S. section accordingly.".

Page 3 of the committee report, strike lines 1 through 5;

line 6, before "line", insert "Page 12,";

after line 12, insert the following

"line 7, strike "16-11.8-105," and substitute "16-11.8-104,";

line 21, change the period to a semicolon;

after line 21, insert the following:

"line 20, strike "16-11.8-105," and substitute "16-11.8-104,".

Page 4 of the committee report, strike line 5, and substitute the following:

created in section 16-11.8-103, C.R.S.

SECTION 7.

Appropriation - adjustment in 2000 long bill.

(1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of public safety, for allocation to the division of criminal justice, for the fiscal year beginning July 1, 2000, the sum of one hundred thirty thousand one hundred twenty-eight dollars ($130,128) and 2.0 FTE, or so much thereof as may be necessary, for the implementation of this act.

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

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by one hundred thirty thousand one hundred twenty-eight dollars ($130,128).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by one hundred thirty thousand one hundred twenty-eight dollars ($130,128).".".

Page 4 of the committee report, after line 8, insert the following:

"Page 1, line 101, strike "

offenders.

" and substitute "

offenders, and making an appropriation therefor.".

HB00-1270

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

HB00-1274

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

HB00-1275

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

Amend the Finance Committee Report, dated February 2, 2000, page 1, strike line 1 and substitute the following:

"Amend printed bill, page 1, after line 1, insert the following:

SECTION 1.

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

39-26-127. Fiscal years commencing on or after July 1, 2000 - temporary exemption of sales of certain vehicles used in interstate commerce from state sales and use tax to refund revenues exceeding TABOR limit - authority of executive director.

(1) (

) For any fiscal year commencing on or after July 1,

2000,

if the revenue estimate prepared by the staff of the legislative council in June of the calendar year in which that fiscal year ends indicates that the aggregate amount of state revenues will exceed the limitation on state fiscal year spending imposed by section 20 (7) (

) of article X of the state constitution for that fiscal year and voters statewide have not authorized the state to retain and spend all of the excess state revenues for that fiscal year, the executive director of the department of revenue shall temporarily exempt from the sales and use tax imposed pursuant to sections 39-26-104 and 39-26-202, for the period commencing on July 1 of the calendar year in which that fiscal year ends through June 30 of the immediately subsequent calendar year, any sale of a new or used commercial truck, truck tractor, tractor, semitrailer, or vehicle used in combination therewith that has a gross vehicle weight rating in excess of twenty-six thousand pounds if the commercial truck, truck tractor, tractor, semitrailer, or vehicle used in combination therewith is purchased for use in interstate commerce and if the purchaser has registered, or furnishes an affidavit to the seller that the purchaser promptly will register, the commercial truck, truck tractor, tractor, semitrailer, or vehicle used in combination therewith under the international registration plan or any successor agreement thereto that provides for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes in accordance with sections 39-26-114 (1) (

a) (IX) and 39-26-203 (1) (p).

(b)

The general assembly finds and declares that providing a state sales and use tax exemption for any sale of a new or used commercial truck, truck tractor, tractor, semitrailer, or vehicle used in combination therewith that has a gross vehicle weight rating in excess of twenty-six thousand pounds if the commercial truck, truck tractor, tractor, semitrailer, or vehicle used in combination therewith is purchased for use in interstate commerce and if the purchaser has registered, or furnishes an affidavit to the seller that the purchaser promptly will register, the commercial truck, truck tractor, tractor, semitrailer, or vehicle used in combination therewith under the international registration plan or any successor agreement thereto that provides for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes is a reasonable method of refunding excess state revenues required to be refunded in accordance with section 20 (7) (

) of article X of the state constitution.

(2)

Renumber succeeding sections accordingly.

Page 2 of the printed bill, strike lines 6 through 26 and substitute the";

line 12, strike "

Any

" and substitute "

Subject to section 39-26-127,

any

Page 2 of the committee report, line 21, strike "

Any

" and substitute "

Subject to section 39-26-127,

any

HB00-1295

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

HB00-1318

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

Amend the Judiciary Committee Report, dated February 15, 2000, page 2, strike lines 15 through 24.

FINANCE

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

HB00-1440

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 1, strike "

there shall be a moratorium during which

line 13, strike "

science

" and substitute "

innovation

line 15, after "

state

", insert "

and local

strike line 17 and substitute "

Colorado

The study shall examine the current and potential implications for state and local governments of foregoing revenue collections by vendors of property or services who do not have nexus in Colorado. In addition, the study shall evaluate the potential impact that the elimination of sales and use taxes on internet transactions would have on state and local governments.

While examining such implications and impacts to state and local governments, the office shall confer with the Colorado municipal league, Colorado counties, incorporated, and the Colorado retail council. The study shall also examine the alternatives to existing"

;

line 20, strike "

state

." and substitute "

state and local governments

.".

Page 3, line 6, strike "

science

" and substitute "

innovation

line 8, strike "_______." and substitute "

January 31, 2001.

line 13, strike "

there

line 14, strike "

shall be a moratorium during which

Page 4, line 4, strike "

there shall be a

line 5, strike "

moratorium during which

HB00-1445

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 1, after "(9.5)", insert "(a)";

after line 11, insert the following:

"(b)

The enterprise created pursuant to this section shall have all the powers and duties authorized by articles 1 to 6 of this title.

(c)

Nothing in this section shall be construed to limit or restrict the authority of the division to expend its revenues consistent with the provisions of articles 1 to 6 of this title.".

HB00-1448

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

HB00-1449

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

HB00-1450

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

HB00-1454

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

Amend printed bill, page 4, strike lines 10 and 11 and substitute the following:

"(2)

"bond" means any revenue bond or obligation, including refunding bonds or obligations, issued by the corporation or by any trust sponsored by the corporation pursuant to this article.";

line 26, strike

"holding legal title to the trust".

Page 5, line 1, strike

"property and";

line 5, after

"corporation",

insert

"or pursuant to which the board transfers any specific ownership interests of the corporation in the right to receive damages payments to one or more third parties in accordance with section 24-82.5-204 (2)".

Page 6, line 5, strike

"no"

and substitute

"said members shall serve at the pleasure of the governor. No";

line 11, after

"and",

insert

"shall serve at the pleasure of the speaker. Said members";

line 16, after

"and",

insert

"shall serve at the pleasure of the president. Said members".

Page 7, strike lines 5 through 8 and substitute the following:

"Appointing authority at any time and for any reason.".

Page 10, line 8, after

"authorizing",

insert

"the execution of a property sales contract or any other transfer agreement or authorizing".

Page 11, lin 15, strike

"moneys"

and substitute

"no more than two hundred fifty thousand dollars";

line 20, strike

"defraying"

and substitute

"raising no more than two hundred fifty thousand dollars to defray";

line 22, after

"bonds",

insert

"or execute property sale contracts or other transfer agreements with third parties";

line 23, after

"article",

insert

or to sponsor trusts to issue such bonds or execute such contracts or transfer agreements".

Page 12, line 2, strike

"revenue bonds issued"

and substitute

"bonds";

line 3, strike

"pursuant to this article"

and substitute

"for the purpose of distributing moneys to the state";

after line 13, insert the following:

"24-82.5-107. Corporate fiscal year - account of activities and

receipts for expenditures - report - audit. The fiscal and budget year for the corporation shall commence on July 1 and end on June 30 of each year. The corporation shall keep an accurate account of all its activities and of all its receipts and expenditures and shall submit an annual report that sets forth a complete and detailed operating and financial statement of the corporation for the most recently ended fiscal year to the governor, the state auditor, and the house and senate finance committees of the general assembly no later than October 1 of each calendar year. The state auditor may investigate the affairs of the corporation, may examine the properties and records of the corporation, and may prescribe methods of accounting and the rendering of additional periodical reports in relation to the undertakings of the corporation.

24-82.5-108. Limitation on power of corporation to declare bankruptcy. The corporation shall have no authority to file a voluntary petition under the federal bankruptcy code of 1978, chapter 9 of title 11, u.s.c., as amended, or any successor bankruptcy code, and neither any public officer nor any organization, entity, or other person shall authorize the corporation to be or to become a debtor under said code. The state hereby covenants with the holders of any bonds issued pursuant to this article that the state will not limit or alter the prohibition on the filing of voluntary bankruptcy petitions set forth in this section until one year and one day after the corporation no longer has any bonds outstanding.".

Page 15, strike line 6 and substitute the following:

"Subject to the provisions of subsection (2) of this section, the state treasurer may executive an absolute assignment of the state's";

line 11, strike

"and present";

line 14, strike

"contract and may";

strike lines 15 through 17;

line 18, strike

"contract."

and substitute

"contract, and upon the execution of a property sale contract by the state treasurer, the right to receive damages payments transferred shall not be considered property of the state for any purpose under state or federal law. In connection with any property sale contract, the state treasurer may execute such agreements and certificates, containing such representations and covenants, as are reasonable and appropriate to accomplish the transfer of the right to receive damages payments.";

line 19, strike

"he or she"

and substitute

"has been approved by the state auditor in accordance with the provisions of subsection (2) of this section and that the state treasurer";

line 20, strike

"state and execution"

and substitute

"state. Execution";

line 24, strike

"moneys"

and substitute

"no more than two hundred fifty thousand dollars";

line 26, strike

"bonds"

and substitute

"bonds, the execution of any property sale contract with any party other than the state treasurer, or the execution of any other transfer agreement by the corporation".

Page 16, after line 1, insert the following:

"(2) the state treasurer may not enter into any property sale contract pursuant to subsection (1) of this section unless the state auditor or the state auditor's designee has reviewed the terms of the property sale contract and the state auditor has made a written determination that it is in the best interest of the state for the state treasurer to enter into the property sale contract. The state treasurer and the board shall provide to the state auditor any information that the state auditor reasonably deems necessary to make an informed decision as to the merits of a proposed property sale contract.";

line 2, strike "(2)" and substitute "(3)";

line 6, strike

"sale of"

;

line 7, strike

"bonds."

and substitute

"transfer of right to damages payments by corporation."

;

strike line 11 and substitute the following:

"Contract with the state treasurer. The corporation shall fund any such purchase by entering into a property sales contract or other transfer agreement with one or more third parties or by";

line 12, strike

"section."

and substitute

"article.";

strike lines 13 through 26.

Strike page 17.

Page 18, strike lines 1 through 7 and substitute the following:

"(2) the corporation may execute an absolute assignment of the corporation's right to receive damages payments under a property sales contract with the state by entering into one or more property sales contracts with one or more third parties. Any such property sale contract shall represent a transfer by the corporation of the complete right of the corporation to all or any defined portion of such damages payments in exchange for cash and any other valuable consideration specified in the property sale contract. Upon the execution of a property sales contract by the corporation pursuant to this subsection (2), the right to damages payments transferred shall not be considered property of the corporation for any purpose under state or federal law. The corporation may also transfer any right of the corporation to receive damages payments receivable under a property sale contract with the state by executing one or more agreements that are not characterized as property sale contracts with one or more third parties in exchange for cash and any other valuable consideration.

(3) in connection with any property sale contract or other transfer agreement executed pursuant to subsection (2) of this section, the corporation may execute such agreements and certificates, containing such representations and covenants, as are reasonable and appropriate to accomplish the intended transfer of the right to receive damages payments. The corporation shall authorize the execution of any property sale contract, other transfer agreement, or related certificate or agreement pursuant to a resolution of the board.";

line 8, strike "

Payment

" and substitute "

Sale of bonds - payment

after line 8, insert the following:

"(1) the corporation shall issue bonds pursuant to a bond resolution that may contain provisions setting forth the rights and remedies of the owners or holders of the bonds, provisions for protecting and enforcing the rights and remedies of the owners or holders of the bonds, and such other provisions as the board deems appropriate for the security of the owners or holders of the bonds. Such provisions may include, but shall not be limited to, provisions regarding credit enhancement, including, but not limited to, letters of credit, insurance, stand-by credit agreements, or other forms of credit ensuring timely payment of the bonds, including the redemption price or the purchase price, and provisions regarding the reimbursement of providers of such credit out of revenues available for the payment of principal of and interest on the bonds for any amounts paid by such providers with respect to such bonds.

(2) bonds may be issued in such aggregate principal amount, may be issued in one or more series, may bear such dates, may be in such denomination or denominations, may mature on any date or dates, may mature in such amount or amounts, may be in such form, may be payable at such place or places, may be subject to such terms of redemption with or without a premium, may contain such provisions as the board deems appropriate regarding insurance to ensure the timely payment of the bonds, and may contain such other provisions consistent with the provisions of this part 2 as the board may determine.

(3) The rate or rates of interest borne by the bonds may be fixed, adjustable, or variable, or any combination thereof, without regard to any interest rate limitation appearing in any other law of this state. If any rate or rates are adjustable or variable, the standard, index, method, or formula shall be determined by the board or, if authorized by the board, by the executive officer or any other agent of the board.

(4) Bonds may be sold at public or private sale and may be sold at, above, or below the principal amounts thereof.

(5) The board may delegate the power to fix the date of sale of bonds, to receive bids or proposals, to award and sell bonds, to fix interest rates, and to take all other action necessary to sell and deliver bonds to the board's executive officer or any other agent of the board.

(6) The board may engage the services of such consultants, financial advisors, underwriters, bond insurers, letter of credit banks, rating agencies, agents, or other persons whose services may be required or deemed advantageous by the board in connection with bonds.

(7) With respect to bonds that have been issued or proposed bonds, the board may enter into interest rate exchange agreements in accordance with article 59.3 of title 11, c.r.s.".

Renumber succeeding subsections accordingly.

Page 19, strike lines 21 through 23 and substitute the following:

"24-82.5-207. Bonds - taxable status. Any bonds issued pursuant to this part 2 shall be sold on a taxable basis for purposes of federal law.".

Page 20, line 2, strike "2." and substitute

"2 or any party or any property sales contract or other transfer agreement entered into by the corporation pursuant to section 24-82.5-204(2).";

line 4, after the first

"of",

insert

"either";

line 8, strike

"discharged."

and substitute

"discharged, or any party to any property sales contract or other transfer agreement entered into by the corporation pursuant to section 24-82.5-204 (2).";

strike lines 9 through 16;

line 17, strike

"24-82.5-210."

and substitute

"24-82.5-209."

;

strike lines 18 through 21;

line 22, strike

"part 2,"

and substitute

"proceeding at law or in equity to review, question the validity of, enjoin the performance of, or otherwise seek relief against or from any acts or proceedings done under this part 2, including, but not limited to, any execution of a property sale contract or other transfer agreement or any issuance of bonds,";

line 26, after

"barred.",

add

"however, this section shall not modify or limit any provision of article 51 of title 11, c.r.s.".

SB00-011

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

Amend reengrossed bill, page 18, strike lines 25 and 26 and substitute the following:

"(a) (I)

Except as provided in subparagraph (III) of this paragraph

(a),

before July 1, 2006,

a fee of three dollars and fifty cents at the time of".

Page 19, after line 5, insert the following:

"(II)

Except as provided in subparagraph (III) of this paragraph

(a),

on and after July 1, 2006, a fee of seven dollars at the time of application for an identification card or renewal of an identification card; except that for applicants sixty years of age or older and applicants referred by any county department of social services pursuant to section 26-2-106 (3), C.R.S., or section 26-4-106 (3), C.R.S., there shall be no fee;

line 6, strike "(II)" and substitute "(III)";

after line 11, insert the following:

"(IV)

On or before July 1, 2005, the department shall submit a report to the transportation legislation review committee, created in section 43-2-145, C.R.S., concerning the effect of extending the expiration of identification cards on the fee revenue of the

department.

Page 44, after line 12, insert the following:

SECTION 46.

39-26-123 (2) (a) (I) (A), Colorado Revised Statutes, is amended to read:

39-26-123. Receipts - disposition.

(2) (a) (I) (A) Eighty-five percent of all receipts collected under the provisions of this article shall be credited to the old age pension fund. For the fiscal year commencing July 1, 1997, and for each fiscal year thereafter, the remaining fifteen percent shall be allocated between and credited to the general fund and the highway users tax fund, as a portion of the sales and use taxes attributable to sales or use of vehicles and related items, as follows: Ten percent of net revenue from sales and use tax to the highway users tax fund and five percent thereof to the general fund;

except that, for the state fiscal year 2001-2002, the amount of the net revenue allocated to the highway users tax fund shall be increased and the amount allocated to the general fund shall be decreased by the amount of sixty-seven thousand dollars.

SECTION 47.

43-4-205 (6.5) (a), Colorado Revised Statutes, is amended, and the said 43-4-205 (6.5) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

43-4-205. Allocation of fund.

(6.5) (a)

Except as provided in paragraph

(c)

of this subsection (6.5),

the revenues credited to the highway users tax fund pursuant to section 39-26-123 (2), C.R.S., shall be paid to the state highway fund for allocation to the department of transportation and shall be expended as provided in section 43-4-206 (2).

(c)

For the state fiscal year 2001-2002, of the revenues credited to the highway users tax fund by the state treasurer pursuant to section 39-26-123 (2), C.R.S., sixty-seven thousand dollars shall be allocated as follows:

(I)

Sixty-five percent of such revenue shall be paid to the state highway fund and shall be expended as provided in section 43-4-206;

(II)

Twenty-six percent of such revenue shall be paid to the county treasurers of the respective counties, subject to annual appropriation by the general assembly, and shall be allocated and expended as provided in section 43-4-207; and

(III)

Nine percent of such revenue shall be paid to the cities and incorporated towns, subject to annual appropriation by the general assembly, and shall be allocated and expended as provided in section 43-4-208 (2) and

(6).".

Renumber succeeding section accordingly.

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on HB00-1179

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 HB00-1179, 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, has met and reports that it has agreed upon the following:

That the Senate recede from its amendments made to the bill, as said amendments appear in the rerevised bill, and that the following amendments be substituted therefore:

Amend reengrossed bill, page 20, line 9, strike "2015." and substitute "2005.".

Page 21, strike lines 10 through 17 and substitute the following:

SECTION 33.

24-34-104 (36), Colorado Revised Statutes, is amended to read:

24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment.

(36) The following agencies, functions, or both, shall terminate on July 1, 2005:

(a) The fire suppression program of the division of fire safety created pursuant to sections 24-33.5-1204.5, 24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-1206.4, 24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6, C.R.S.;

(b)

The licensing of barbers and cosmetologists by the director of the division of registrations pursuant to article 8 of title 12, C.R.S.

Respectfully submitted,

House Committee: Senate Committee:

Ken Kester Ken Chlouber

Matt Smith Bryan Sullivant

Carl Miller Alice Nichol

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on HB00-1286

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 HB00-1286, concerning the expenditure of money for the protection of livestock, has met and reports that it has agreed upon the following:

1. That the Senate recede from its amendment made to the bill, as said amendment appears in the rerevised bill.

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

Amend reengrossed bill, page 3, after line 5, insert the following:

SECTION 4.

35-41-102, Colorado Revised Statutes, is amended to read:

35-41-102. Brand inspection fund - estray fund.

All moneys coming into the hands of the state board of stock inspection commissioners from the sale of estray animals shall constitute and be known as the estray fund,

which fund is hereby continuously appropriated to the board,

and shall be kept in an account separate and distinct from other accounts, in conformity with regulations to be prescribed by said board. All other funds of said board, including fees collected for the inspection of cattle, shall constitute and be known as the brand inspection fund of said board, which shall be kept in conformity with the regulations to be prescribed by said board. The board is authorized, in the administration of the brand inspection fund, to maintain an accounts receivable system for the collection of all moneys to be credited to said fund. The board is authorized to expend a maximum of three and six-tenths percent, or actual costs, whichever is less, of the base appropriation allocated to the brand inspection division to offset the indirect costs of the board.".

Renumber succeeding sections accordingly.

Respectfully submitted,

House Committee: Senate Committee:

W. H. Webster Ken Chlouber

Diane Hoppe Dave Wattenberg

Carl Miller Jim Dyer

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on HB00-1321

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 HB00-1321, concerning the authorized maturity date for certain securities that collateralize repurchase agreements for legal investments of public funds, has met and reports that it has agreed upon the following:

That the House accede to the Senate amendment made to the bill, as the amendment appears in the rerevised bill, with the following changes:

Amend rerevised bill, page 1, line 2, strike "24-75-601.1 (1)," and substitute "24-75-601.1,";

line 3, strike "PARAGRAPH" and substitute "SUBSECTION";

line 4, strike "(1) It is lawful";

strike lines 5 through 9.

Page 2, strike lines 1 through 5 and substitute the following:

"(3.5)

Notwithstanding the limitations stated in the introductory portion to subsection (1) of this section, the securities subject to a repurchase agreement authorized in paragraph

(j)

of said subsection (1) may have a maturity in excess of five years.

Respectfully submitted,

House Committee: Senate Committee:

Glenn Scott Bryan Sullivant

Matt Smith John Evans

Jennifer Veiga Mike Feeley

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on HCR00-1001

This Report Amends the Rerevised Resolution.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HCR00-1001, concerning the submission to the registered electors of the state of Colorado of an amendment to section 8 of article XIV of the constitution of the state of Colorado, which requires the selection of county surveyors by election, to allow the appointment of county surveyors, has met and reports that it has agreed upon the following:

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 2, strike line 26.

Page 3, strike line 1 and substitute the following:

requiring the selection of county surveyors by appointment rather than by election.

"".

Page 1, line 103, strike "

which

strike lines 104 and 105 and substitute the following:

requiring the selection of county surveyors by appointment rather than by election.

Respectfully submitted,

House Committee: Senate Committee:

Rob Fairbank Norma Anderson

Lynn Hefley Peggy Reeves

Nolbert Chavez Mark Hillman

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed:

HB00-1029, 1122, 1234.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate voted to recede from its position on HB00-1149 and repassed the bill. The bill is returned herewith.

The Senate has adopted the First Report of the First Conference Committee on HB00-1179, as printed in Senate Journal, March 15, pages 633-634, and repassed the bill as amended. The bill is returned herewith.

The Senate has adopted the First Report of the First Conference Committee on HB00-1286, as printed in Senate Journal, March 16, pages 649-650, and repassed the bill as amended. The bill is returned herewith.

The Senate has adopted the First Report of the First Conference Committee on HB00-1321, as printed in Senate Journal, March 28, pages 769-770, and repassed the bill as amended. The bill is returned herewith.

The Senate has adopted the First Report of the First Conference Committee on HCR00-1001, as printed in Senate Journal, March 20, page 684, and repassed the bill as amended. The concurrent resolution is returned herewith.

_________

The Senate voted to concur in House amendments to SB00-014, 035, 061, 072, 088, 103, 106, 144, 176, and 189, and repassed the bills as amended.

The Senate has voted not to concur in House Amendments to SB00-132 and requests that a Conference Committee be appointed. The President appointed Senators Blickensderfer, Chm., Lamborn, and Weddig as members of the First Conference Committee on the part of the Senate. The bill is transmitted herewith.

The Senate has voted not to concur in House Amendments to SB00-160 and requests that a Conference Committee be appointed. The President appointed Senators Evans, Chm., Hillman, and Hernandez as members of the First Conference Committee on the part of the Senate. The bill is transmitted herewith.

The Senate has voted not to concur in House Amendments to SB00-171 and requests that a Conference Committee be appointed. The President appointed Senators Anderson, Chm., Congrove, and Tanner 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 SB00-171 to consider matters not at issue between the two houses. The bill is transmitted herewith.

______________

INTRODUCTION OF BILLS
First Reading

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

HB00-1465

by Representatives Scott, and Dean; also Senator Sullivant--Concerning the financial management of domestic insurance companies.

Committee on Finance

HB00-1466

by Representative Stengel--Concerning insurance fraud.

Committee on Business Affairs & Labor

HB00-1467

by Representatives Stengel, Lee, and Kester--Concerning direct record electronic voting machines.

Committee on State, Veterans, & Military Affairs

______________

INTRODUCTION OF CONCURRENT RESOLUTION

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

HCR00-1003

by Representatives Gordon, Bacon, Chavez, Clarke, Coleman, Gagliardi, Grossman, Keller, Leyba, Mace, Plant, Ragsdale, Saliman, Takis, Tapia, Tate, Tochtrop, Tupa, Veiga, Vigil, Williams S., Windels, and Zimmerman; also Senators Sullivant, Dyer, Hernandez, Linkhart, Phillips, and Rupert--Concerning the submission to the registered electors of the state of Colorado of an amendment to article II of the constitution of the state of Colorado, concerning a guaranty of certain inalienable rights, and, in connection therewith, requiring that the general assembly enact measures to protect the natural environment in Colorado.

Committee on Judiciary

______________

INTRODUCTION OF RESOLUTION

The following resolution was read by title and laid over one day under the rules:

HJR00-1023

by Representative Gordon--Concerning the recognition of the People to People Ambassadorship Program.

WHEREAS, The citizens of the state of Colorado stand firmly committed to helping prepare young people for their role as responsible citizens and leaders; and

WHEREAS, The People to People Ambassadorship Program, established by President Eisenhower and endorsed by succeeding United States presidents, promotes opportunities for developing understandings between people of different cultures through direct contact and interaction; and

WHEREAS, Over two hundred fifty Colorado students will be traveling under the auspices of the People to People Ambassadorship Program to nine different countries during the summer of 2000 to promote international goodwill and understanding, to learn about other cultures, to develop their understanding of world affairs, and to gain a deeper appreciation of their own cultural values; and

WHEREAS, The People to People Student Ambassador Program offers students the opportunity to develop an accurate impression of today's world society and America's role in that society through travel opportunities involving cultural, governmental, and economic experiences; and

WHEREAS, Dedicated teachers and other Colorado citizens from cities along the Front Range have held monthly orientation meetings with students to prepare them with travel guidelines and cultural and historical information that will enhance students' background knowledge and interpersonal skills; now, therefore,

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

That we, the members of the Colorado General Assembly, do hereby call on the citizens of the state of Colorado to enthusiastically endorse participants in "The People To People Ambassadorship Program" and to recommit this state to engaging in programs and activities that will continue to support ongoing efforts to make Colorado's students responsible American and world citizens.

Be It Further Resolved

, That copies of this Resolution be sent to the President of the United States, the Vice President of the United States, the United States Secretary of State, and the Speaker of the United States House of Representatives.

_______________

APPOINTMENTS TO CONFERENCE COMMITTEE

Pursuant to a request from the Senate, the Speaker appointed Representatives Taylor, Chairman, Spradley and Miller as House conferees to the First Conference Committee on

SB00-132

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until April 3, retaining place on Calendar:

Consideration of Conference Committee Report--

SB00-087

Consideration of Resolutions--

HJR00-1008, SJR00-005, HJR00-1012, 1007, HR00-1011, 1012, HJR00-1014, 1020, 1021

Consideration of Memorial--

HM00-1003

_______________

On motion of Representative Dean, the House adjourned until 10:00 a.m., April 3, 2000.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk

LC: