Journal for 02/07/2000

House Journal--34th Day--February 7, 2000

1/7/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Thirty-fourth Legislative Day Monday, February 7, 2000

Prayer by the Reverend Doctor Cynthia Cearley, Montview Presbyterian Church, Denver.

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

The roll was called with the following result:

Present--65.

The Speaker declared a quorum present.

_______________

On motion of Representative Witwer, the reading of the journal of February 4, 2000, was dispensed with and approved as corrected by the Chief Clerk.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, Consideration of Special Orders (

HB00-1145, 1148, 1161, 1154, 1037, 1137, 1190

) was laid over until 10:45 a.m., retaining place on Calendar.

______________

CONSIDERATION OF RESOLUTION

HJR00-1004

by Representative Hoppe; also Senator Dennis--Con-cerning the designation of Colorado 4-H Day.

(Printed and placed in member's file.)

WHEREAS, Succeeding generations of well-educated, concerned, and involved youth are required to ensure that America has a competent and innovative work force, a cohesive social structure, an effective education system, strong leadership, continued economic prosperity, and healthy communities in the years to come; and

WHEREAS, The 4-H Program is founded on the notion that youth are a vital resource for ensuring a better tomorrow, and assisting youth as they prepare for the future is the 4-H Program's central mission; and

WHEREAS, To this end, 4-H offers a wealth of opportunities for young people to acquire decision-making, leadership, and communication skills, as well as a host of other life skills, in a hands-on, friendly learning environment; and

WHEREAS, Since 1914, young people in all parts of Colorado have employed 4-H's "learn-by-doing" philosophy while working on a wide range of constructive and engaging projects and, in the process, learning to manage time, follow through on commitments, meet deadlines, and cooperate with one another; and

WHEREAS, Nearly 150,000 Colorado youth, with the guidance of over 10,000 adult and youth volunteer leaders, currently contribute to their communities and gain practical experience in such subject areas as workforce preparation and career exploration, leadership and volunteerism, character and ethics, food and nutrition, agriculture and natural resources, conservation, consumer decision-making, veterinary medicine, animal sciences, and public speaking, just to name a few; and

WHEREAS, Colorado 4-H provides youth an opportunity to interact with people from other countries and cultures through its international exchange program, which pairs participants from other nations with host families in Colorado and places Colorado 4-H members in homes abroad; and

WHEREAS, The 4-H emblem, a green, four-leaf clover with a white "H" on each leaf, represents the characteristics each 4-H participant develops: Head, which involves thinking, making decisions, and learning new things; heart, which entails caring about other people, accepting responsibility, and developing positive values; hands, which symbolize the effort to acquire and perfect new skills; and health, which involves protecting the well-being of the self and others; and

WHEREAS, Participation in 4-H in Colorado is open to youth from all economic, social, and cultural backgrounds between the ages of 5 and 19; 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 the General Assembly salutes the Colorado 4-H Program in its efforts to prepare Colorado's youth for the future.

That the General Assembly wishes to encourage young people in Colorado to get a head start on life by participating in 4-H activities.

Be it further resolved

, That the State of Colorado hereby declares this day, February 7, 2000, Colorado 4-H Day in recognition of the 4-H Program's efforts on behalf of Colorado's youth.

On motion of Representative Hoppe, the resolution was read at length and

adopted

viva voce

vote.

Co-sponsors added: Roll call of the House.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, Consideration of Special Orders (

HB00-1145, 1148, 1161, 1154, 1037, 1137, 1190

) was laid over until 10:55 a.m., retaining place on Calendar.

_______________

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.

HB00-1194

by Representatives George, McPherson; also Senator Powers--Concerning campaign finance.

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 36 NO 29 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry Y

Chavez Y

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb N

Grossman N

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller N

Kester Y

King Y

Larson N

Lawrence Y

Lee Y

Leyba N

Mace N

May Y

McElhany Y

McKay Y

McPherson Y

Miller N

Mitchell Y

Morrison Y

Nuñez Y

Paschall N

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley N

Stengel Y

Swenson Y

Takis N

Tapia N

Tate N

Taylor N

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams S. N

Williams T. Y

Windels N

Witwer N

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives

Dean, Fairbank, Kaufman, Lee, Stengel, Young

HB00-1040

by Representative Spence; also Senator Hillman--Concerning waivers of requirements imposed on school districts.

The question being "Shall the bill pass?".

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

passed

YES 38 NO 27 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

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 N

Mace N

May Y

McElhany Y

McKay Y

McPherson Y

Miller N

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson N

Takis N

Tapia Y

Tate N

Taylor Y

Tochtrop N

Tool N

Tupa N

Veiga N

Vigil N

Webster Y

Williams S. N

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker N

Co-sponsors added: Representatives

Clapp, Dean, Decker, Fairbank, Hefley, Hoppe, King, Larson, Lee, McKay, Mitchell, Paschall, Stengel, Young

HB00-1216

by Representative Lawrence; also Senator Arnold--Concerning procedural changes for the strengthening of the criminal laws.

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 6 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke N

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis N

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa N

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives

Decker, Hagedorn, Kaufman, Spence

HB00-1276

By Representatives Dean, Alexander, and Allen; also Senator Owen--Concerning

the confidentiality of records of the Colorado student obligation bond authority

The question being "Shall the bill pass?".

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

passed

YES 65 NO 0 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Hoppe, McKay, Morrison, Pfiffner, Scott, Spence, Spradley, Stengel, Webster, Young

_______________

The hour of 10:55 a.m., having arrived, on motion of Representative Stengel, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman.

_______________

SPECIAL ORDERS--SECOND READING OF 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.)

HB00-1145

by Representative Spradley; also Senator Owen--Concerning business personal property tax, and, in connection therewith, modifying the credit against state taxes for a portion of business personal property tax paid and the administration of the credit and exempting from taxation as an item held for consumption any item of personal property that is held by a business and that was acquired by the business at a cost of no more than five hundred dollars.

Amendment No. 1

, Finance Report, dated January 19, 2000, and placed in member’s bill file; Report also printed in House Journal, January 21, pages 147-149.

Amendment No. 2

, Appropriations Report, dated January 28, 2000, and placed in member’s bill file; Report also printed in House Journal, January 28, page 232.

Amendment No. 3

, by Representative Spradley.

Amend the Finance Committee Report, dated January 19, 2000, strike pages 1 and 2.

Page 3, strike lines 1 through 20 and substitute the following:

"Amend printed bill, page 7, strike lines 24 through 26.

Page 8, strike lines 1 through 25 and substitute the following:

"(I)

No later than June 30 of such state fiscal year:

(A)

Each county treasurer shall provide to the department of revenue the name, address, schedule number or numbers, and amount of personal property tax paid for each qualified taxpayer who was required to list all of the taxpayer's taxable personal property within the county on a schedule or statements or exhibits attached to a schedule in accordance with section 39-5-107 (1) or for whom the property tax administrator has determined the actual value of taxable property within the county pursuant to the provisions of article 4 of this title; and

(B)

Each county assessor shall provide to the department of revenue the name, schedule number or numbers, and taxpayer identification number, if available, for each qualified taxpayer who was required to list all of the taxpayer's taxable personal property within the county on a schedule or statements or exhibits attached to a schedule in accordance with section 39-5-107 (1) or for whom the property tax administrator has determined the actual value of taxable property within the county pursuant to the provisions of article 4 of this title.

(II)

The property tax administrator shall provide to the county assessor of each county the taxpayer identification number for each qualified taxpayer for whom the property tax administrator has determined the actual value of taxable property within the county and any additional information that the county assessor requires to maximize the accuracy and completeness of the information to be provided to the department pursuant to sub-subparagraph (B) of subparagraph (I) of this paragraph (

Page 10, strike lines 16 through 26.

Page 11, strike lines 1 through 20 and substitute the following:

"(I)

No later than October 15 of the state fiscal year immediately succeeding such state fiscal year:

(A)

(B)

(II)

Page 12, line 26, after "

treasurer

", insert "

and each county assessor

".".

Amendment No. 4

, by Representative Spradley.

Amend printed bill, page 13, line 2, after "(d)", insert "

The department shall include a notice with each refund issued pursuant to this section that indicates that any taxpayer receiving such refund who also receives an abatement or refund of taxes paid on personal property must remit back to the department any portion of any refund received pursuant to this section that is attributable to the taxes paid on personal property that were refunded or abated.

line 5, strike "

refunded, or is in the

line 6, strike "

process of refunding

" and substitute "

refunded

line 8, strike "

include with the

strike lines 9 through 13 and substitute the following:

send the qualified taxpayer a notice specifying the amount of any refund received by the qualified taxpayer pursuant to this section that is attributable to the taxes paid on personal property that were refunded or abated and that the taxpayer must remit back to the department.

Page 17, line 14, strike "

such owner's taxpayer identification

line 15, strike "

number,

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

HB00-1148

By Representatives Paschall, Lawrence, Spence, Gordon, Hagedorn, Lee, Nuñez, Pfiffner, Scott, Sinclair, Stengel, Swenson, Tochtrop, Windels; also Senators Congrove, Andrews, Hillman, and Musgrave--Concerning the creation of a system for numbering county election precincts.

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

HB00-1161

By Representative McElhany; also Senator Tebedo--Concerning general fund appropriations for veterans service officers.

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

HB00-1154

by Representative Smith--Concerning the authority of public entities to enter into securities lending agreements.

Amendment No. 1

, Local Government Report, dated January 17, 2000, and placed in member's bill file; Report also printed in House Journal, January 18, pages 110-111.

Amendment No. 2

, by Representative Smith.

Amend the Local Government Committee Report, dated January 17, 2000, page 3, before line1, insert the following:

"(IV)

With respect to permitted investments purchased with cash received as collateral to a securities lending agreement:

(A)

A minimum of twenty percent of such permitted investments matures or is redeemable on any business day;

(B)

A permitted investment in the form of an instrument that is issued or guaranteed by the United States government or any agency thereof and that has a variable rate of interest set off of a money market index, readjusted no less frequently than every ninety-five days, is treated, for purposes of this paragraph

(n),

as having a maturity equal to the period remaining until the next readjustment of the interest rate;

(C)

A permitted investment in the form of an instrument that is issued by a corporation that has a variable rate of interest set off of a money market index, readjusted no less frequently than every ninety-five days, is a final maturity not to exceed four hundred thirty days or an unconditional put back to the issuer not to exceed ninety-five days;

(D)

The maximum maturity on any fixed rate investments or repurchase agreements does not exceed one hundred ninety days; and

(E)

The investment maturity or reset date for such permitted investment is not greater than ninety-five days unless the securities lending agreement term and the permitted investment are matched to each other.

line 1, strike "(IV)" and substitute "(V)".

Amendment No. 3

, by Representative Smith.

Amend the Local Government Committee Report, dated January17, 2000, page 3, line 1, strike "

a county,

" and substitute "

local government,

line 3, strike "

board of county

" and substitute "

governing body of such local government

,";

line 4, strike "

commissioners,

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

HB00-1037

by Representative Hoppe; also Senator Musgrave--Concerning catastrophic health insurance coverage.

Amendment No. 1

, Health, Environment, Welfare, & Institutions Report, dated January 24, 2000, and placed in member’s bill file; Report also printed in House Journal, January 26, page 189-190.

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

HB00-1137

by Representative McElhany--Concerning the licensure of real estate appraisers.

Amendment No. 1

, Business Affairs & Labor Report, dated January 25, 2000, and placed in member’s bill file; Report also printed in House Journal, January 27, page 207.

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

HB00-1190

By Representative Webster; also Senator Dennis--Concerning an increase in the limitation on the outstanding bond amount issued by the Colorado student obligation bond authority.

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

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading:

HB00-1145 amended, 1148, 1161, 1154 amended, 1037 amended, 1137 amended, 1190

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was

adopted

YES 64 NO 0 EXCUSED 1 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 Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

On motion of Representative Dean,

HB00-1149, 1105, 1084

shall be made Special Orders on Monday, February 7, 2000, at 11:26 a.m.

_______________

The hour of 11:26 a.m., having arrived, on motion of Representative Stengel, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman.

_______________

SPECIAL ORDERS--SECOND READING OF BILLS

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

HB00-1149

by Representative Veiga; also Senator Arnold--Concerning an increase in the maximum income limit for eligibility for the basic personal injury protection no fault auto insurance program.

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

HB00-1105

by Representative Kester; also Senator Arnold--Concerning the fastening of temporary motor vehicle registration identification to the vehicle.

Amendment No. 1

, Transportation & Energy Report, dated January 19, 2000, and placed in member’s bill file; Report also printed in House Journal, January 21, pages 135-136.

Amendment No. 2

, by Representative Pfiffner.

Amend the Transportation and Energy Committee Report, dated January 19, 2000, page 2, line 3, strike "

and indirect"

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

HB00-1084

by Representatives May, Dean, Hoppe, Johnson, Kester, Larson, McElhany, McKay, McPherson, Paschall, Pfiffner, Sinclair, Taylor, Williams T.; also Senators Andrews, Blickensderfer, Chlouber, Congrove, Epps, Hillman, Lamborn, Musgrave, Powers, Teck--Concerning a requirement that employers not deduct money from employees' paychecks unless the deduction is for a lawful charge or indebtedness.

Amendment No. 1

, Business Affairs & Labor Report, dated January 20, 2000, and placed in member’s bill file; Report also printed in House Journal, January 24, pages 174-175.

Amendment No. 2

, by Representative May.

Amend the Business Affairs and Labor Committee Report, dated January 20, 2000, page 1, line 16, strike "

which:

" and substitute "

which contributions are made to a candidate committee, political committee, or political party.

".".

Strike page 2.

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

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representatives Tate and Leyba moved to amend the Report of the Committee of the Whole to show that

HB00-1084, as amended

, did not pass.

The amendment was declared

lost

by the following roll call vote:

YES 31 NO 34 EXCUSED 0 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley N

Hoppe N

Johnson N

Kaufman Y

Keller Y

Kester N

King N

Larson N

Lawrence Y

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson N

Miller Y

Mitchell N

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair N

Smith N

Spence N

Spradley N

Stengel N

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool Y

Tupa N

Veiga Y

Vigil Y

Webster N

Williams S. Y

Williams T. N

Windels Y

Witwer N

Young N

Zimmerman Y

Mr. Speaker Y

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading:

HB00-1149, 1105 amended, 1084 amended

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was

adopted

YES 65 NO 0 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

REPORTS OF COMMITTEE OF REFERENCE

FINANCE

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

HB00-1014

be postponed indefinitely.

HB00-1032

be referred favorably to the Committee on Appropriations.

HB00-1052

be referred favorably to the Committee on Appropriations.

HB00-1053

be referred favorably to the Committee on Appropriations.

HB00-1171

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

Amend printed bill, page 4, line 26, strike "(I)".

Page 5, strike lines 2 and 3 and substitute the following:

interest income, dividend income, and net capital gains to the extent included in

line 6, strike "39-22-518." and substitute the following:

39-22-518, but not to exceed three thousand dollars in any taxable year. In the case of two individuals filing a joint return or a qualified individual filing as a surviving spouse, the amount subtracted from federal taxable income shall not exceed six thousand dollars in any taxable year. For purposes of this paragraph

(l.5),

"net capital gains" means net capital gain as defined in section 1222 (11) of the internal revenue code.

strike lines 7 through 26.

Strike page 6.

Page 7, strike lines 1 through 5.

HB00-1211

be referred favorably to the Committee on Appropriations.

HB00-1233

be postponed indefinitely.

HB00-1252

be postponed indefinitely.

HB00-1270

be referred favorably to the Committee on Appropriations.

HB00-1295

be referred favorably to the Committee on Appropriations.

HB00-1296

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

Amend printed bill, page 9, line 25, strike "

investor."

and substitute "

investor, beginning with the certified investor's tax liability for premiums earned during calendar year 2001 and continuing thereafter for ten years or, if the credit is carried forward pursuant to subsection (2) of this section, until the credit is fully utilized.

HB00-1312

be postponed indefinitely.

HB00-1339

be postponed indefinitely.

HB00-1354

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

Amend printed bill, page 2, line 10, strike "(IX)" and substitute "(IX),".

Page 3, line 11, after "(11)," insert "

line 13, strike "

inventory

" and substitute "

inventory,

strike lines 14 through 17 and substitute the following:

storage locations, or other source for employment in the manufacturing operation; except that, in the case of items that must be moved from their inventory, storage locations, or other source over public roads or by common carrier to the situs of

line 18, strike "

location

," and substitute "

operation,

Page 4, strike line 1 and substitute the following:

that become part of the completed product, and items of tangible personal property that, although not part of the completed product, are

strike line 13 and substitute the following:

limitation, assembling and processing and refining, blasting, exploring

,";

strike lines 23 through 26 and substitute the following:

"(VII) "

Predominant use" means more than fifty percent of actual use. Actual use does not include time when an item is not in use, even when the item is being repaired or maintained.

Page 5, strike lines 1 through 3.

line 25, strike "

items, without

" and substitute "

items:

strike line 26.

Page 6, strike lines 16 and 17 and substitute the following:

personal property that controls, physically supports, produces power

line 24, strike "

operation

;" and substitute "

operation or the completed product;

Page 7, strike lines 1 through 9 and substitute the following:

"(A)

Produce or extract electricity, coal, coke, gas, water in any form, compressed air, and other similar items for use in the continuous manufacturing operation;

(B) Treat, filter, pump, chill, heat, compress, or otherwise make such items suitable for use in the continuous manufacturing operation; and

(C) Transport or transmit such items for use in the continuous manufacturing operation

line 16, strike "

and

after line 16, insert the following:

"(VII)

Machinery, equipment, and other tangible personal property for use by a telecommunications provider to provide a telecommunications service, including without limitation, computers, transformers, amplifiers, routers, bridges, repeaters, multiplexers, cable, fiber, radio transmitters and receivers, satellite equipment, and microwave equipment. Such term also includes ancillary machinery and equipment that regulates, controls, or enables the preceding to accomplish their intended function, including without limitation, auxiliary power supply, conduit, antennas, poles, towers, and vaults.

(VIII) Machinery, equipment, and other tangible personal property used by a telecommunications service provider to test a telecommunications service

.".

line 17, strike "(VII)" and substitute "(IX)".

Page 8, strike lines 2 and 3 and substitute the following:

materials or parts prior to the beginning, and after the end, of the continuous manufacturing operation

;".

Page 9, line 16, strike "

predominate

" and substitute "

predominant

line 24, strike "

The absence of a

strike lines 25 and 26.

Page 10, strike lines 1 and 2.

Page 12, line 25, after "C.R.S.,", insert "

as in effect prior to the enactment of House Bill 00-1354, enacted at the second regular session of the sixty-second general assembly

,".

Page 13, line 16, after "C.R.S.,", insert "

as in effect prior to the enactment of House Bill 00-1354, enacted at the second regular session of the sixty-second general assembly

,".

Page 14, line 5, after "C.R.S.,", insert "

as in effect prior to the enactment of House Bill 00-1354, enacted at the second regular session of the sixty-second general assembly

,";

line 24, after "C.R.S.,", insert "

as in effect prior to the enactment of House Bill 00-1354, enacted at the second regular session of the sixty-second general assembly

,".

Page 15, line 18, strike "

operation

" and substitute "

operation, except for purchases of machinery and machine tools as provided in section 39-26-114 (11), C.R.S., as in effect prior to the enactment of House Bill 00-1354, enacted at the second regular session of the sixty-second general assembly

if an exemption for such items was previously adopted by the incorporated town, city, or county,

line 19, after "

", insert "

by a telecommunications service provider

Page 16, line 1, strike "C.R.S." and substitute "

C.R.S., prior to July 1, 2000, or, on or after July 1, 2000, on sales, leases, rentals, or purchases of tangible personal property by a manufacturer for use in a continuous manufacturing operation or by a telecommunications service provider for use in providing a telecommunications service

.";

line 13, after "C.R.S.,", insert "

as in effect prior to the enactment of House Bill 00-1354, enacted at the second regular session of the sixty-second general assembly

,";

line 26, after "

", insert "

by a telecommunications service provider

Page 18, line 1, after "

", insert "

by a telecommunications service provider

line 22, after "

", insert "

by a telecommunications service provider

Page 20, line 3, after "

", insert "

by a telecommunications service provider

line 24, after "

", insert "

by a telecommunications service provider

Page 21, line 18, after "

", insert "

by a telecommunications service provider

Page 22, line 13, after "

", insert "

by a telecommunications service provider

Page 23, line 6, after "

", insert "

by a telecommunications service provider

Page 24, line 1, after "

", insert "

by a telecommunications service provider

after line 6, insert the following:

SECTION 13.

39-26-123 (2) (a) (I), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUB-SUBPARAGRAPH to read:

39-26-123. Receipts - disposition.

(2) (a) (I) (A.5)

For the fiscal year beginning July 1, 2000, the allocation of receipts under sub-subparagraph (A) of this subparagraph (I) to the highway users tax fund shall be increased by

dollars, and the allocation to the general fund shall be decreased by

dollars, pursuant to House Bill 00-1354, enacted at the second regular session of the sixty-second general assembly. The modifications to the allocation of receipts made pursuant to this sub-subparagraph (A.5) shall be in addition to any other modifications to the allocation of such receipts made by law.

Renumber succeeding sections accordingly.

HB00-1362

be postponed indefinitely.

______________

INTRODUCTION OF BILLS
First Reading

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

HB00-1396

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of agriculture.

Committee on Appropriations

HB00-1397

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of corrections.

Committee on Appropriations

HB00-1398

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of education.

Committee on Appropriations

HB00-1399

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the offices of the governor, lieutenant governor, and state planning and budgeting.

Committee on Appropriations

HB00-1400

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of health care policy and financing.

Committee on Appropriations

HB00-1401

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of higher education.

Committee on Appropriations

HB00-1402

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of human services.

Committee on Appropriations

HB00-1403

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the judicial department.

Committee on Appropriations

HB00-1404

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of labor and employment.

Committee on Appropriations

HB00-1405

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of law.

Committee on Appropriations

HB00-1406

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of military affairs.

Committee on Appropriations

HB00-1407

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of natural resources.

Committee on Appropriations

HB00-1408

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of personnel.

Committee on Appropriations

HB00-1409

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of public health and environment.

Committee on Appropriations

HB00-1410

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of public safety.

Committee on Appropriations

HB00-1411

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of regulatory agencies.

Committee on Appropriations

HB00-1412

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of revenue.

Committee on Appropriations

HB00-1413

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of state.

Committee on Appropriations

HB00-1414

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of transportation.

Committee on Appropriations

HB00-1415

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of the treasury.

Committee on Appropriations

HB00-1416

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning funding for capital construction, and making supplemental appropriations in connection therewith.

Committee on Appropriations

______________

PRINTING REPORT

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

HB00-1397, 1398, 1399, 1400, 1401, 1403, 1404, 1406, 1408, 1409, 1410, 1411, 1412, 1413, 1414, 1415.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until February 8, retaining place on Calendar:

Consideration of General Orders--

HB00-1138, 1089, 1108, 1011, 1001, 1218, 1009, 1029, 1165, 1229, 1208, 1124, 1222, 1099, 1080, 1008, 1047, 1012, 1164, 1185, 1114, 1240, 1225, 1007, 1186, 1181, 1243, 1025, HCR00-1001, HB00-1201, 1214, 1235, 1241, 1272, 1175, 1204, 1206, 1020, 1205, 1150, 1195, 1239, 1223, 1264, 1321, 1202, 1249, 1070

Consideration of Memorial--

SJM00-001

Consideration of Senate Amendments--

HB00-1141

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., February 8, 2000.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk

LC: