1/22/100
3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
Forty-eighth Legislative Day Monday, February 21, 2000
Prayer by Chaplain Eugene Packer, Rocky Mountain Region Civil Air Patrol.
The Speaker called the House to order at 10:00 a.m.
The roll was called with the following result:
Present--62.
Excused--Representatives Bacon, Hefley, McPherson--3.
Present after roll call--Representatives Bacon, Hefley, McPherson.
The Speaker declared a quorum present._______________
On motion of Representative Coleman, the reading of the journal of February 18, 2000, was dispensed with and approved as corrected by the Chief Clerk._______________
REPORT OF COMMITTEE OF REFERENCE
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee recommends the following:
HB00-1370 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"SECTION 1. 29-5.5-103, Colorado Revised Statutes, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:
29-5.5-103. Definitions. As used in this article, unless the context otherwise requires:
(1) "Competitive examination" means any method used to qualify for appointment or employment with any public employer.
(2) "Division" means the division of veterans affairs within the department of human services.
(3) "Political subdivision of the state" shall have the same meaning as in article XII, section 15 of the Colorado constitution including, but not limited to, the regional transportation district.
(4) "Preference-eligible person" means a person who is eligible to receive additional points on a competitive examination pursuant to article XII, section 15, subsections (1) and (7) of the Colorado constitution.
(5) "Public employer" means any political subdivision of the state, including any municipality chartered or to be chartered under article XX of the Colorado constitution.
(6) "Public employment" means any position of employment with a public employer.
(7) "Service office" means any county veterans service office as such office is identified in section 26-9-101, C.R.S.
(8) "Veterans preference points" means the points added pursuant to article XII, section 15 of the Colorado constitution to the passing grade achieved on the competitive examination for appointment or employment by a candidate applying for public employment.
SECTION 2. 29-5.5-104, Colorado Revised Statutes, is amended to read:
29-5.5-104. Veterans preference points. (1) Each applicant for appointment or employment in any civil service, merit, or personnel system of a political subdivision of the state that is comparable to that of the state shall be awarded, at a minimum, the appropriate veterans preference points pursuant to article XII, section 15 of the Colorado constitution.
(2) When a public employer does not have a numerical scoring system for employment positions, the public employer shall consider preference-eligible persons who meet the minimum qualifications for employment ahead of other applicants in the following order:
(a) Disabled veteran preference-eligible persons;
(b) Veteran preference-eligible persons; and
(c) All other preference-eligible persons.
SECTION 3. Article 5.5 of title 29, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:
29-5.5-104.5. Prohibited personnel actions. (1) No public employer and no employee of a public employer shall:
(a) Knowingly take, recommend, or approve any personnel action if such personnel action would violate the rights of a preference-eligible person as set forth in this article and in article XII, section 15 of the Colorado constitution; or
(b) Willfully disqualify a preference-eligible person from public employment on the basis of national guard or reserve duty status.
29-5.5-106. Enforcement - public employer - remedies - rules. (1) Any preference-eligible person may contact the division or any service office for assistance with any grievances concerning compliance with the provisions of this article by any public employer or any employee of a public employer.
(2) Violations of any of the provisions of this article or any rules promulgated pursuant to this article:
(a) May be restrained or enjoined by any court of competent jurisdiction when all administrative remedies have been exhausted; and
(b) Shall constitute grounds for an aggrieved person to bring a cause of action in any court of competent jurisdiction for damages when all administrative remedies have been exhausted. The aggrieved person may also recover costs and reasonable attorney fees.
(3) The remedies set forth in subsection (2) of this section are in addition to any other remedies permitted by law.
29-5.5-107. Model programs - development and adoption. (1) The department of personnel shall compile and submit annually a report to the state, veterans, and military affairs committees of the house of representatives and the senate that shall include:
(a) A listing of all public employers in the state that have a veterans preference policy and that have adopted in whole or in part a model program pursuant to this section; and
(b) A distribution of the number of veterans employed in the workforce of each public employer.
SECTION 4. 29-5.5-105, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
29-5.5-105. Appeals. (4) Any applicant, after exhausting all administrative remedies, may appeal the decision rendered pursuant to this section to any court of competent jurisdiction.
SECTION 5. Effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
(2) The provisions of this act shall apply to any candidate for public employment applying on or after the applicable effective date of this act."._______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB00-075, 120, 165, and 187;
SB00-014, amended as printed in Senate Journal, February 17, page 339;
SB00-015, amended as printed in Senate Journal, February 17, page 340;
SB00-045, amended as printed in Senate Journal, February 17, page 340;
SB00-093, amended as printed in Senate Journal, February 16, pages 327-328;
SB00-095, amended as printed in Senate Journal, February 17, pages 338-339, and on Third Reading as printed in Senate Journal, February 18;
SB00-138, amended as printed in Senate Journal, February 17, page 340;
SB00-171, amended as printed in Senate Journal, February 17, page 339, and on Third Reading as printed in Senate Journal, February 18;
HB00-1176, amended as printed in Senate Journal, February 17, page 338._______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, SB00-075, 120, 165, and 187; and without comment, as amended, SB00-014, 015, 045, 093, 095, 138, 171, and HB00-1176._______________
On motion of Representative Lee, 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.)
HB00-1249 by Representatives Paschall, Alexander, Clapp, Dean, Decker, Fairbank, Hefley, King, Lee, May, McKay, Mitchell, Scott, Sinclair, Witwer; also Senators Andrews, Congrove, Evans, Hillman, Teck--Concerning strength-ening of the marriage relationship.
Amendment No. 1, by Representative Paschall.
Amend printed bill, page 3, line 20, strike "00-______," and substitute "00-1249,".
Amendment No. 2, by Representative Paschall.
Amend printed bill, strike everything below the enacting clause, and substitute the following:
"SECTION 1. 14-2-104, Colorado Revised Statutes, is amended to read:
14-2-104. Formalities. (1) Except as otherwise provided in subsection (3) of this section, a marriage between a man and a woman licensed, solemnized, and registered as provided in this part 1 is valid in this state if:
(a) It is licensed, solemnized, and registered as provided in this part 1; and
(b) It is only between one man and one woman.
(2) Notwithstanding the provisions of section 14-2-112, any marriage contracted within or outside this state that does not satisfy paragraph (b) of subsection (1) of this section shall not be recognized as valid in this state.
(3) Nothing in this section shall be deemed to repeal or render invalid any otherwise valid common law marriage between one man and one woman.
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.".
As amended, rereferred to the Committee on Judiciary.
(For change in action, see Amendments to Report.)
HB00-1315 by Representative Allen--Concerning standards for reclaimed domestic wastewater to be used for purposes other than drinking.
Amendment No. 1, Agriculture, Livestock and Natural Resources Report, dated February 9, 2000, and placed in member’s bill file; Report also printed in House Journal, February 11, pages 459-460.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1332 by Representative Larson; also Senator Dyer--Concerning the authority of a local governing body to place a weed assessment upon private lands to manage noxious weeds.
Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated February 10, 2000, and placed in member’s bill file; Report also printed in House Journal, February 11, page 460.
Amendment No. 2, by Representative Larson.
Amend printed bill, page 2, line 15, strike "right-of-way." and substitute "right-of-way or assess the cost of providing for or compelling the management of noxious weeds on private property until the level of management called for in the notice or the management plan developed by the arbitration panel has been successfully achieved.".
Amendment No. 3, by Representatives Larson and Smith.
Amend printed bill, page 3, line 5, strike "hearing." and substitute "hearing; except that in no event shall such penalty exceed ten thousand dollars per year.".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1259 by Representatives McPherson, Gordon; also Senator Teck--Concerning the reduction of the state sales and use tax rate.
Amendment No. 1, Finance Report, dated February 2, 2000, and placed in member’s bill file; Report also printed in House Journal, February 4, pages 359-360.
Amendment No. 2, Appropriations Report, dated February 11, 2000, and placed in member’s bill file; Report also printed in House Journal, February 11, pages 454-455.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1291 By Representative Kester; also Senator Dennis; also Senator Dennis--Concerning delivery of a terminated employee's final paycheck to a location selected by the employer.
Amendment No. 1, Business Affairs & Labor Report, dated February 10, 2000, and placed in member’s bill file; Report also printed in House Journal, February 11, page 460.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1049 By Representative McPherson; also Senator Lacy--Concerning the allowance of an earned income tax credit for all income tax years regardless of whether state revenues exceed the constitutional limitation on state fiscal year spending.
Amendment No. 1, Appropriations Report, dated February 11, 2000, and placed in member’s bill file; Report also printed in House Journal, February 11, pages 453-454.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1103 by Representative Spradley; also Senators Owen, Tebedo--Concerning the reduction of the state income tax rate.
Amendment No. 1, Finance Report, dated February 2, 2000, and placed in member’s bill file; Report also printed in House Journal, February 4, pages 345-346.
Amendment No. 2, Appropriations Report, dated February 11, 2000, and placed in member’s bill file; Report also printed in House Journal, February 11, page 454.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
A motion by Representative Dean that the Committee rise, report progress and beg leave to sit again at 1:30 p.m., was adopted by unanimous consent.________________
House reconvened.
The Committee of the Whole reported it had risen, reported progress and would sit again at 1:30 p.m._______________
House in recess. House reconvened.
______________
INTRODUCTION OF RESOLUTION
The following resolution was read by title and laid over one day under the rules:
HJR00-1008 by Representatives Clapp, Alexander, Dean, Fairbank, George, Hefley, Lawrence, Lee, McKay, Nuņez, Paschall, Spence, Stengel, Young; also Senator Musgrave--Concerning a joint rule regarding authorization to bring a firearm or any other dangerous device into areas used or occupied by the general assembly.
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 Joint Rules of the Senate and the House of Representatives are amended BY THE ADDITION OF A NEW RULE to read:
41. AUTHORIZATION TO BRING FIREARMS
OR OTHER DANGEROUS DEVICES INTO CAPITOL.
(a) No person, including any member of the general assembly, shall bring or possess a firearm or any explosive or incendiary device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located unless such person obtains prior written authorization in accordance with subsection (b) of this joint rule and complies with the procedure set out in subsection (c) of this joint rule.
(b) If the firearm or device will be brought into or possessed in any area within the authority of the Speaker of the House, prior written authorization of the Speaker must be obtained. If the firearm or device will be brought into or possessed in any area within the authority of the President of the Senate, prior written authorization of the President must be obtained. If the firearm or device will be brought into or possessed in any area within the joint authority of the Speaker of the House or the President of the Senate, prior written authorization of both the Speaker and the President must be obtained. The person making a request for such authorization shall provide a description of the firearm or device, shall specify the date and places where the person proposes to bring it or possess it, and shall specify the purpose for bringing it into or possessing it in such area.
(c) The following procedures shall be followed when any person brings or possesses a firearm or explosive or incendiary device in any area described in subsection (a) of this joint rule:
(1) Prior to the time that the firearm or device is to be brought into or possessed in any such area, the person shall provide a copy of the signed authorization to a member of the state patrol assigned to the security detail for the capitol building.
(2) If the firearm or device is to be brought into or possessed in a committee hearing, the person shall give prior notice to the committee chairman and provide the chairman with a copy of the signed authorization.
(3) The person shall report to a member of the state patrol assigned to the security detail for the capitol building immediately upon entering any such area and provide the firearm or device to the state patrol for inspection. The state patrol shall assure that the firearm or device is safe. Any firearm shall be unloaded, the bolt shall be open, and the safety engaged.
(4) A member of the state patrol shall accompany the person for the entire time that he or she has the firearm or device in his or her possession within any such area. During any time that the person does not have the firearm or device in his or her personal possession, it shall be left with the state patrol for safekeeping. It shall be returned to the person when the purpose for bringing it into such area has been met and the person wishes to remove it.
(d) This joint rule shall not apply to a firearm in the possession of the following:
(1) A person who, prior to the time of carrying a concealed weapon, has been issued a written permit pursuant to section 18-12-105.1, Colorado Revised Statutes, to carry the weapon by the chief of police of a city or city and county, or the sheriff of a county; or
(2) A peace officer, level I or level Ia, as defined in section 18-1-901 (3) (l) (I) or (3) (l) (II), Colorado Revised Statutes; or
(3) A peace officer, level II, as defined in section 18-1-901 (3) (l) (III), Colorado Revised Statutes, while on duty; or
(4) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States._______________
On motion of Representative Dean, HB00-1367 shall be added to the Special Orders Calendar on Monday, February 21, 2000.________________
On motion of Representative Lee, the House resolved itself into Committee of the Whole for continuation of consideration of Special Orders, and he returned to the Chair to act as Chairman.
________________
SPECIAL ORDERS--SECOND READING OF BILLS
(Continued from page 647)
HB00-1352 by Representatives Dean, George, and Gordon; also Senators Blickensderfer, Powers, and Feeley--Concerning the payment of expenses of the legislative department, and making an appropriation in connection therewith.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1048 by Representative Mitchell--Concerning the continuation of the voluntary contribution on state individual income tax returns for the Colorado special olympics to provide funding.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1116 by Representative George; also Senator Wham--Concerning the legal consequences of acts of fraud against senior citizens.
Amendment No. 1, Judiciary Report, dated January 20, 2000, and placed in member’s bill file; Report also printed in House Journal, January 21, page 153.
Amendment No. 2, Finance Report, dated February 9, 2000, and placed in member’s bill file; Report also printed in House Journal, February 11, page 462.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1314 by Representative Johnson; also Senator Wattenberg--Concerning authority for the division of wildlife to reintroduce in Colorado two endangered species that are listed under the federal "Endangered Species Act of 1973", and, in connection therewith, authorizing the reintroduction of the bonytail and the black-footed ferret.
Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated February 10, 2000, and placed in member’s bill file; Report also printed in House Journal, February 11, page 459.
The committee report was adopted as follows:
Page 1, lines 1-6, declared passed;
lines 7-12, declared lost;
lines 13-18, declared passed.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1268 by Representatives McKay, McPherson; also Senators Teck, Congrove--Concerning the assessment of property for property tax purposes.
Amendment No. 1, Finance Report, dated February 10, 2000, and placed in member’s bill file; Report also printed in House Journal, February 11, page 464.
Amendment No. 2, by Representative George.
Amend printed bill, page 2, after line 12, insert the following:
"SECTION 2. 39-5-121.5, Colorado Revised Statutes, is amended to read:
39-5-121.5. Valuation - inspection of data by taxpayers. At the request of any taxpayer or any agent of such taxpayer and subject to such confidentiality requirements as provided by law, the assessor shall, at no cost to the taxpayer or the agent, promptly make available and either mail, fax, or e-mail to the address, phone number, or e-mail address supplied all of the data used by the assessor in determining the actual value of any property owned by such taxpayer, including but not limited to the data derived from the declarations filed pursuant to the provisions of article 14 of this title and confidential data, provided that such confidential data shall be presented in such a manner that the source cannot be identified.".
Renumber succeeding sections accordingly.
Page 3, after line 12, insert the following:
"SECTION 5. 39-8-107 (1) and (3), Colorado Revised Statutes, are amended to read:
39-8-107. Hearings on appeal. (1) At the hearing upon a petition, the assessor or the assessor's authorized representative shall be present and shall produce information to support the basis and amount of the assessor's valuation of the property. The board shall hear and consider all testimony and examine all exhibits produced or introduced by either the petitioner or the assessor, with no presumption in favor of any pending valuation, and may subpoena witnesses to testify. The costs of producing the petitioner's witnesses shall be paid by the petitioner, and the costs of producing the assessor's witnesses shall be paid by the county. On the basis of the testimony produced and the exhibits introduced, the board shall grant or deny the petition, in whole or in part, and shall notify the petitioner and the assessor in writing. If the board denies the petition, in whole or in part, such written notice shall inform the petitioner of the right to appeal within the thirty-day period following the denial to the district court or the board of assessment appeals pursuant to the provisions of section 39-8-108 (1) or within the thirty-day period following the denial to submit the case to arbitration pursuant to the provisions of section 39-8-108.5. Such notice shall state that, if the appeal is to the board of assessment appeals, the hearing before the board of assessment appeals shall be the last hearing at which testimony, exhibits, or any other type of evidence may be introduced by either party and that, if there is an appeal to the court of appeals pursuant to section 39-8-108 (2), the record from the hearing before the board of assessment appeals and no new evidence shall be the basis for the court's decision. The phone number and address of the board of assessment appeals shall also be included on the notice. The notice shall also state, in general terms, how to pursue arbitration and that, if a taxpayer submits the case to arbitration, the decision reached under such process shall be final and not subject to review. If a referee heard the case for the board, the board shall include the referee's findings and recommendations with the notice.
(3) The assessor, upon request made at least five days before the hearing, shall make available to the taxpayer or agent by mail, fax, or e-mail to the address, fax number, or e-mail address supplied at least two working days prior to any hearing all data supporting the assessor's valuation.".
Renumber succeeding sections accordingly.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1306 by Representatives McPherson, Smith--Concerning incentives for redevelopment of contaminated land.
Amendment No. 1, Finance Report, dated February 2, 2000, and placed in member’s bill file; Report also printed in House Journal, February 4, pages 365-366.
Amendment No. 2, Appropriations Report, dated February 11, 2000, and placed in member’s bill file; Report also printed in House Journal, February 11, page 457.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1142 By Representative Witwer; also Senator Arnold--Concerning the requirement for commercial vehicles that are equipped with engine compression brake devices to have mufflers for such devices.
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, page 136.
Amendment No. 2, by Representative Witwer.
Amend the Transportation and Energy Committee Report, dated January 19, 2000, page 1, strike lines 5 through 7 and substitute the following:
""Fifty percent of any fine for a violation of";
line 9, strike "town" and substitute "town, or within the unincorporated area of a county,";
line 10, strike "city or town," and substitute "city, town, or county,".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1391 By Representative Gotlieb; also Senator Teck--Concerning student election judges.
Amendment No. 1, by Representative Gotlieb.
Amend printed bill, page 2, line 20, strike "high school";
line 23, strike "high";
line 24, strike "school".
Page 3, line 1, strike "high school";
line 12, after "judges.", insert "Home-schooled students may apply to the school district or public secondary educational institution for the district in which they reside, or a private secondary educational institution, for appointment as a student election judge pursuant to the requirements of this section.".
Page 4, line 5, after "institution", insert "or being home-schooled".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1271 by Representative Mitchell; also Senator Anderson--Concerning the authority of a board of a special district to divide the district into areas, and, in connection therewith, allowing the board to furnish services, programs, and facilities within such areas and to levy taxes upon property within such areas to pay the costs associated with furnishing any services, programs, and facilities within such areas.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1277 by Representative Dean; also Senator Sullivant--Concerning the eminent domain proceedings by the board of a park and recreation district, and, in connection therewith, requiring the court to appoint an arbitrator if requested by all of the owners of a parcel of real property being condemned by a park and recreation district.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
On motion of Representative Dean, the remainder of the Special Orders Calendar (HB00-1367) was laid over until February 22, retaining place on Calendar.
_______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representative Saliman moved to amend the Report of the Committee of the Whole to show that the following Saliman amendment, to HB00-1103, did pass, and that HB00-1103, as amended, did pass:
Amend printed bill, page 1, line 4, strike "A NEW SUBSECTION," and substitute "THE FOLLOWING NEW SUBSECTIONS,".
Page 2, after lines 6, add the following:
"(1.9) Notwithstanding any other provision of this article, with respect to taxable years commencing on or after January 1, 2000, if, based on the financial report prepared in accordance with section 24-77-106.5, C.R.S., the state 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) (a) 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 state fiscal year, then a tax of four and sixty-five one hundredths percent is imposed on the federal taxable income of every individual, estate, trust, and corporation as a refund of such excess state revenues. In the absence of such certification of state excess revenues, a tax of four and three-quarters percent is imposed on the federal taxable income of every individual, estate, trust, and corporation. The general assembly finds and declares that the income tax rate reduction authorized by this subsection (1.9) is a reasonable method of refunding a portion of state excess revenues required to be refunded in accordance with section 20 (7) (d) of article X of the state constitution.".
The amendment was declared lost by the following roll call vote:
YES 25 NO 40 EXCUSED 0 ABSENT 0
Alexander N
Allen Y
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker N
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb N
Grossman Y
Hagedorn Y
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller Y
Kester N
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller N
Mitchell N
Morrison N
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith N
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
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 Paschall moved to amend the Report of the Committee of the Whole to show that the Kaufman motion to refer HB00-1249 to the Committee on Judiciary did not pass, and that HB00-1249, as amended, did pass.
The amendment was declared passed by the following roll call vote:
YES 33 NO 32 EXCUSED 0 ABSENT 0
Alexander Y
Allen Y
Bacon N
Berry N
Chavez N
Clapp Y
Clarke N
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon N
Gotlieb N
Grossman N
Hagedorn N
Hefley Y
Hoppe Y
Johnson Y
Kaufman N
Keller N
Kester Y
King Y
Larson N
Lawrence Y
Lee Y
Leyba N
Mace N
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison N
Nuņez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis N
Tapia N
Tate N
Taylor Y
Tochtrop N
Tool N
Tupa N
Veiga N
Vigil N
Webster Y
Williams S. N
Williams T. N
Windels N
Witwer Y
Young Y
Zimmerman N
Mr. Speaker N
Representatives Nuņez and Pfiffner moved to amend the Report of the Committee of the Whole to show that the following Nuņez amendment, to HB00-1103, did pass, and that HB00-1103, as amended, did pass:
Amend the Finance Committee Report, dated February 2, 2000, page 1, strike lines 4 and 5;
line 6, before "after", insert "Page 2,".
Page 2, strike lines 26 through 29;
line 30, before "after", insert "Page 3,".
The amendment was declared lost by the following roll call vote:
YES 27 NO 38 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon N
Berry N
Chavez N
Clapp Y
Clarke N
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon N
Gotlieb N
Grossman N
Hagedorn N
Hefley Y
Hoppe Y
Johnson N
Kaufman N
Keller N
Kester N
King N
Larson Y
Lawrence N
Lee Y
Leyba N
Mace N
May Y
McElhany Y
McKay Y
McPherson N
Miller Y
Mitchell Y
Morrison N
Nuņez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis N
Tapia N
Tate N
Taylor N
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
Representative Stengel moved to amend the Report of the Committee of the Whole to show that HB00-1049, as amended, did not pass.
The amendment was declared lost by the following roll call vote:
YES 18 NO 47 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon N
Berry N
Chavez N
Clapp Y
Clarke N
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon N
Gotlieb N
Grossman N
Hagedorn N
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller N
Kester N
King N
Larson N
Lawrence N
Lee Y
Leyba N
Mace N
May Y
McElhany Y
McKay Y
McPherson N
Miller N
Mitchell Y
Morrison N
Nuņez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott N
Sinclair N
Smith N
Spence N
Spradley N
Stengel Y
Swenson Y
Takis N
Tapia N
Tate N
Taylor N
Tochtrop N
Tool N
Tupa N
Veiga N
Vigil N
Webster N
Williams S. N
Williams T. Y
Windels N
Witwer Y
Young Y
Zimmerman N
Mr. Speaker N
Representatives Allen and Tate moved to amend the Report of the Committee of the Whole to show that HB00-1268, as amended, did not pass.
The amendment was declared lost by the following roll call vote:
YES 26 NO 39 EXCUSED 0 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman N
Dean N
Decker N
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman N
Hagedorn Y
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller N
Kester N
King N
Larson N
Lawrence Y
Lee Y
Leyba Y
Mace N
May N
McElhany N
McKay N
McPherson N
Miller N
Mitchell N
Morrison N
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith N
Spence Y
Spradley N
Stengel N
Swenson Y
Takis N
Tapia Y
Tate Y
Taylor Y
Tochtrop N
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster Y
Williams S. N
Williams T. N
Windels N
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB00-1249 amended, 1315 amended, 1332 amended, 1259 amended, 1291 amended, 1049 amended, 1103 amended, 1352, 1048, 1116 amended, 1314 amended, 1268 amended, 1306 amended, 1142 amended, 1391 amended, 1271, 1277.
Laid over until date indicated retaining place on Calendar:
HB00-1367--February 22, 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 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
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate 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
_______________
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.
HB00-1165 by Representative Kaufman; also Senator Wham--Concerning creation of a statutory exception to the hearsay rule of evidence.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.
YES 53 NO 12 EXCUSED 0 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke N
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon Y
Gotlieb Y
Grossman N
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis N
Tapia N
Tate N
Taylor Y
Tochtrop N
Tool Y
Tupa N
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman N
Mr. Speaker Y
Co-sponsor added: Mr. Speaker.
HB00-1222 by Representative Bacon; also Senator Matsunaka--Concerning maintenance of public employee retirement benefits for retirees who are hired as nonlicensed employees by a school district during a critical employee shortage.
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 N
Allen N
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker Y
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley N
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester N
King N
Larson Y
Lawrence N
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller Y
Mitchell Y
Morrison Y
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith N
Spence Y
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. Y
Williams T. N
Windels Y
Witwer Y
Young N
Zimmerman Y
Mr. Speaker Y
Co-sponsors added: Representatives Coleman, Gagliardi, Gordon, Plant, Ragsdale, Spence, Tapia, Vigil, Williams S., Windels, Zimmerman.
HB00-1080 by Representative Kaufman; also Senator Dyer--Concerning the application of the "Colorado Uniform Prudent Investor Act" to investments of portions of volunteer firefighter pension funds that are not affiliated with the fire and police pension association.
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
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate Y
Taylor Y
Tochtrop Y
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
Co-sponsors added: Representatives Kester, Mr. Speaker.
HB00-1181 by Representative Spence; also Senator Andrews--Concerning the formation of charter schools.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.
YES 53 NO 12 EXCUSED 0 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez N
Clapp Y
Clarke N
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba N
Mace N
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale N
Saliman N
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis N
Tapia Y
Tate N
Taylor Y
Tochtrop N
Tool Y
Tupa N
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman N
Mr. Speaker Y
Co-sponsors added: Representatives Fairbank, Hefley, McKay, Mitchell, Stengel.
HB00-1299 by Representative McPherson; also Senator Powers--Concerning sentencing in cases involving class 1 felonies.
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 33 NO 32 EXCUSED 0 ABSENT 0
Alexander Y
Allen Y
Bacon N
Berry Y
Chavez N
Clapp Y
Clarke N
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon N
Gotlieb N
Grossman N
Hagedorn N
Hefley Y
Hoppe Y
Johnson Y
Kaufman N
Keller N
Kester N
King Y
Larson Y
Lawrence Y
Lee Y
Leyba N
Mace N
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell N
Morrison N
Nuņez Y
Paschall Y
Pfiffner N
Plant N
Ragsdale N
Saliman N
Scott N
Sinclair Y
Smith N
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis N
Tapia N
Tate N
Taylor Y
Tochtrop N
Tool Y
Tupa N
Veiga N
Vigil N
Webster Y
Williams S. N
Williams T. Y
Windels N
Witwer Y
Young Y
Zimmerman N
Mr. Speaker Y
Co-sponsors added: Representatives Fairbank, King, May, McElhany, Paschall, Sinclair, Spence, Stengel._________
IMMEDIATE RECONSIDERATION OF HB00-1299
Having voted on the prevailing side, Representative McPherson moved for immediate reconsideration of HB900-1299. As shown by the following recorded vote less than a two-thirds majority of those elected to the House voted in the affirmative and the motion was declared lost:
YES 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 N
Grossman Y
Hagedorn Y
Hefley N
Hoppe N
Johnson N
Kaufman Y
Keller Y
Kester Y
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller N
Mitchell Y
Morrison Y
Nuņez N
Paschall N
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair N
Smith Y
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
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
_________
HB00-1223 By Representatives Smith, Berry, Coleman, Johnson, Kaufman, Keller, Kester, Larson, Morrison, and Webster; also Senators Anderson, Pascoe, Feeley, Lacy, Matsunaka, Phillips, and Weddig--Concerning enhanced land use planning relationships among local governments.
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 41 NO 24 EXCUSED 0 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
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 Y
Johnson N
Kaufman Y
Keller Y
Kester Y
King N
Larson Y
Lawrence Y
Lee N
Leyba Y
Mace N
May N
McElhany N
McKay N
McPherson N
Miller Y
Mitchell N
Morrison Y
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair N
Smith Y
Spence N
Spradley N
Stengel N
Swenson Y
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 Y
Co-sponsors added: Representatives Bacon, Chavez, Clarke, Gordon, Grossman, Hagedorn, Plant, Scott, Tate, Tupa, Veiga, Vigil, Windels, Witwer, Zimmerman, Mr. Speaker.
_________
IMMEDIATE RECONSIDERATION OF HB00-1223
Having voted on the prevailing side, Representative Smith moved for immediate reconsideration of HB00-1223. As shown by the following recorded vote less than a two-thirds majority of those elected to the House voted in the affirmative and the motion was declared lost:
YES 19 NO 46 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon N
Berry N
Chavez N
Clapp Y
Clarke N
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon N
Gotlieb N
Grossman N
Hagedorn N
Hefley Y
Hoppe N
Johnson Y
Kaufman N
Keller N
Kester N
King Y
Larson N
Lawrence N
Lee Y
Leyba N
Mace Y
May Y
McElhany Y
McKay Y
McPherson N
Miller N
Mitchell Y
Morrison N
Nuņez N
Paschall N
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott N
Sinclair Y
Smith N
Spence Y
Spradley N
Stengel Y
Swenson N
Takis N
Tapia N
Tate N
Taylor Y
Tochtrop N
Tool N
Tupa N
Veiga N
Vigil N
Webster N
Williams S. N
Williams T. N
Windels N
Witwer N
Young Y
Zimmerman N
Mr. Speaker N
_________
HB00-1186 by Representatives George, May, Kester, Alexander, Allen, Dean, Decker, Gotlieb, Hoppe, Kaufman, King, Larson, Lawrence, McElhany, McKay, Miller, Smith, Swenson, Taylor, Tool, Williams T.; also Senators Anderson, Chlouber, Dennis, Dyer, Epps, Powers, Reeves, Teck, Wattenberg--Concerning the relationship between motor vehicle dealers and manufacturers.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.
YES 62 NO 2 EXCUSED 1 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke 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 N
Morrison Y
Nuņez Y
Paschall Y
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley E
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate Y
Taylor Y
Tochtrop Y
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
Representative Spradley excused from voting under House Rule 21(c).
Co-sponsors added: Representatives Coleman, Gagliardi, Hefley, Mace, Sinclair, Spence, Tapia, Webster.
HB00-1159 by Representatives Allen, Dean, Kester; also Senator Anderson--Concerning the financing of public schools, and making an appropriation in connection therewith.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.
YES 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
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate Y
Taylor Y
Tochtrop Y
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
Co-sponsors added: Representatives Alexander, Bacon, Berry, Chavez, Clapp, Clarke, Coleman, Decker, Fairbank, Gagliardi, Gordon, Gotlieb, Hagedorn, Hefley, Hoppe, Kaufman, Keller, King, Larson, Lawrence, Mace, May, McElhany, McKay, Miller, Mitchell, Morrison, Plant, Saliman, Scott, Smith, Spence, Spradley, Stengel, Swenson, Tapia, Taylor, Tool, Tupa, Veiga, Vigil, Webster, Williams S., Williams T., Windels, Witwer, Young, Mr. Speaker.
HB00-1185 By Representative Berry; also Senator Matsunaka--Concerning the "Uniform Consumer Credit Code".
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.
YES 63 NO 2 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
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis N
Tapia Y
Tate Y
Taylor Y
Tochtrop N
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 Gagliardi, Gotlieb, Hefley, Kaufman, Larson, May, McKay, Smith, Tapia, Mr. Speaker.
HB00-1368 By Representatives Lee, Fairbank, and McKay; also Senator Blickensderfer--Concerning compliance by certain residential facilities with local government zoning requirements as a condition to state licensure of such facilities.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.
YES 40 NO 25 EXCUSED 0 ABSENT 0
Alexander N
Allen Y
Bacon N
Berry Y
Chavez N
Clapp Y
Clarke N
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon N
Gotlieb Y
Grossman N
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson N
Lawrence Y
Lee Y
Leyba N
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott N
Sinclair Y
Smith N
Spence N
Spradley Y
Stengel Y
Swenson N
Takis N
Tapia N
Tate N
Taylor Y
Tochtrop N
Tool Y
Tupa N
Veiga N
Vigil N
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman N
Mr. Speaker Y
Co-sponsor added: Representative Paschall._______________
REPORT OF COMMITTEE OF REFERENCE
JUDICIARY
After consideration on the merits, the Committee recommends the following:
HB00-1342 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 6, strike lines 1 through 4, and substitute the following:
"environment to operate prevention and intervention programs and to oversee the provision of prevention, intervention, and treatment services through federally and state-funded prevention, intervention, and treatment programs to ensure collaboration among programs and the availability of a continuum of services for children and youth.";
line 9, strike "prevention," and substitute "prevention and";
line 10, strike "intervention, and treatment" and substitute "intervention";
line 26, strike "prevention, intervention, and" and substitute "prevention and intervention".
Page 7, line 1, strike "treatment";
line 3, strike "prevention, intervention, and" and substitute "prevention and intervention";
line 4, strike "treatment";
line 5, strike "prevention, intervention, and" and substitute "prevention and intervention";
line 6, strike "treatment".
Page 8, line 10, strike "prevention, intervention, and" and substitute "prevention and intervention";
line 11, strike "treatment" and, strike "part 3 of";
line 12, strike "prevention, intervention, and treatment" and substitute "prevention and intervention";
line 14, strike "moneys;" and substitute "moneys, including but not limited to reviewing applications submitted by entities to receive funding through said programs and making recommendations to the state board of health for the awarding of grants and the amount of said grants;";
line 19, strike "prevention, intervention, and treatment" and substitute "prevention and intervention".
Page 9, after line 7, insert the following:
"(2) In addition to any prevention and intervention programs created in or transferred to the division by executive order and any prevention and intervention programs transferred to the division by the executive director pursuant to subsection (4) of this section, the division shall operate the following prevention and intervention programs:
(a) The Tony Grampsas youth services program created in section 25-20.5-201;
(b) The Colorado youth mentoring services program created in section 25-20.5-203;
(c) The Colorado student dropout prevention and intervention program created in section 25-20.5-204;
(d) The Colorado children's trust fund created in section 25-20.5-205;
(e) The family development center program created in section 25-20.5-301; and
(f) The Colorado comprehensive health education program created in section 25-20.5-302.".
Renumber succeeding subsections accordingly.
Page 9, line 8, strike "prevention, intervention, and treatment" and substitute "prevention and intervention";
line 10, strike "prevention, intervention, and treatment" and substitute "prevention and intervention";
line 17, strike "prevention," and substitute "prevention and";
strike line 18, and substitute the following:
"intervention programs operated by the".
Page 10, strike lines 7 through 11, and substitute the following:
"within the state. The state plan shall be designed to coordinate and provide direction for the delivery of prevention, intervention, and treatment services through the various prevention and intervention programs operated by the division and the prevention, intervention, and treatment programs operated by other state departments and to ensure collaboration among programs that results in a continuum of services available to children and youth throughout the state. At a minimum, the state plan";
line 23, strike "year" and substitute "years".
Page 11, line 6, strike "executive director." and substitute "state board of health.";
line 19, strike "year" and substitute "years".
Page 14, line 13, strike "prevention, intervention, and treatment" and substitute "prevention and intervention";
strike lines 19 through 23, and substitute the following:
"(a) To review recommendations of the division regarding entities to receive grants through prevention and intervention programs operated by the division and to award such grants, specifying the amount of said grants;".
Page 16, line 15, strike "completes" and substitute "complies".
Page 19, line 14, after "board", insert "of".
Page 20, line 23, after the second "and", insert "assist in".
Page 21, after line 9, insert the following:
"25-20.5-109. Programs not included. (1) Notwithstanding any other provisions of this article to the contrary, the following programs are not subject to the requirements of this article:
(a) Any juvenile programs operated by the division of youth corrections in the department of human services;
(b) Any program operated for juveniles in connection with the state judicial system;
(c) Any program pertaining to out-of-home placement of children pursuant to title 19, C.R.S.".
Page 23, strike lines 20 through 26.
Page 24, strike lines 1 through 3;
line 4, strike "(7)" and substitute "(5)";
line 10, strike "25-20.5-204" and substitute "25-20.5-203";
line 14, strike "25-20.5-204" and substitute "25-20.5-203";
strike lines 15 through 19.
Page 25, strike lines 6 through 14.
Reletter succeeding paragraphs accordingly.
Page 26, after line 12, insert the following:
"(IV) Beginning with the members appointed to terms beginning July 1, 2001, the governor, in appointing members, shall appoint at least one person who is knowledgeable in the area of child abuse prevention and at least one person who is knowledgeable in the area of community planning for youth violence prevention.".
Page 28, line 10, strike "25-20.5-205." and substitute "25-20.5-204.";
line 12, strike "25-20.5-205," and substitute "25-20.5-204,".
Page 29, line 2, strike "25-20.5-205" and substitute "25-20.5-204".
Strike pages 30 through 34.
Page 35, strike lines 1 through 25.
Renumber succeeding C.R.S. sections accordingly.
Page 48, strike lines 18 and 19, and substitute the following:
"PREVENTION AND INTERVENTION PROGRAMS".
Page 57, line 17, strike "grades six" and substitute "preschool, kindergarten, and grades one".
Page 58, after line 4, insert the following:
"(X) Family life education;";
line 5, strike "(X)" and substitute "(XI)";
line 7, strike "(XI)" and substitute "(XII)" and, strike "concerns." and substitute "concerns; and";
after line 7, insert the following:
"(XIII) Age-appropriate instruction on family roles and expectations, child development, and parenting.";
line 14, strike "health." and substitute "health or which may impede their ability to lead healthy and productive lives. "High-risk behaviors" includes, but is not limited to, dropping out of school, incest and other sexual activity with adults, sexual activity by school-aged children, physical and mental abuse, violence, and use of tobacco, alcohol, or other drugs.";
line 16, strike "students about" and substitute "non-lawyers about law, the legal system, and".
Page 59, line 22, strike "grades six" and substitute "preschool, kindergarten, and grades one".
Page 60, line 3, strike "students, while not" and substitute "students; and";
strike lines 4 through 6;
line 12, strike "This";
strike lines 13 and 14;
after line 22, insert the following:
"(e) Upon the request of a school district or board of cooperative services, the department of education shall provide, within available resources, such technical assistance as may be necessary to develop a local comprehensive health education program.".
Reletter succeeding paragraphs accordingly.
Page 60, line 25, strike "give primary emphasis to" and substitute "emphasize";
line 26, strike everything after the period.
Page 61, strike lines 1 through 6.
Page 62, after line 11, insert the following:
"(C) The role of law in American society;";
line 12, strike "(C)" and substitute "(D)";
line 14, strike "(D)" and substitute "(E)";
line 15, strike "(E)" and substitute "(F)" and, change the period to a semi-colon;
after line 15, insert the following:
"(G) The alternative dispute resolution approach including mediation and conflict resolution.
(III) Schools are encouraged to seek the cooperation of and use the expertise of available state and local law-related education programs such as the drug abuse resistance education (D.A.R.E.) program.".
Page 63, line 13, strike everything after the period;
strike line 14;
after line 19, insert the following:
"(e) (I) Each school district may prepare an annual report concerning the progress of the school district in implementing a law-related education program. Such report shall be filed with the division on or before October 1, 2000, and on or before October 1 of each year thereafter.
(II) Each annual report of a school district prepared pursuant to subparagraph (I) of this paragraph (e) shall include, but shall not be limited to, an analysis by school district officials of the effect of the law-related education program on the incidence of gang involvement and substance abuse by the students in the school district.";
line 25, strike "may" and substitute "shall".
Page 64, line 8, strike everything after the period;
strike lines 9 and 10;
line 11, strike "away from core curriculum subjects.".
Page 66, line 5, strike "No";
strike lines 6 and 7.
Page 67, line 4, strike "or moral";
strike lines 5 and 6, and substitute the following:
"student or the student's parent or guardian.";
strike lines 21 through 26, and substitute the following:
"reasonable hours and a public forum to receive public comment upon such curriculum and materials shall be held.".
Page 69, line 25, strike "or moral";
line 26, strike "guardian or" and substitute "guardian.".
Page 70, strike line 1;
after line 13, insert the following:
"SECTION 8. Repeal. 2-3-204 (2), Colorado Revised Statutes, is repealed as follows:
2-3-204. Staff director, assistants, and consultants. (2) Effective January 1, 1997, in addition to the duties specified in subsection (1) of this section, the staff of the joint budget committee shall assist the state auditor's office in conducting programmatic reviews and evaluations of prevention and intervention programs pursuant to section 2-3-112.
SECTION 9. Repeal. 2-3-304 (6), Colorado Revised Statutes, is repealed as follows:
2-3-304. Director of research - assistants. (6) Effective January 1, 1997, the legislative council staff shall assist the state auditor's office in conducting programmatic reviews and evaluations of prevention and intervention programs pursuant to section 2-3-112.
SECTION 10. Repeal. 19-1-310, Colorado Revised Statutes, is repealed as follows:
19-1-310. Information related to intervention and prevention programs - review and evaluation of programs. (1) Notwithstanding any provision of law to the contrary, the state auditor and the state auditor's staff shall have access to all records and information related to the persons served by prevention and intervention programs being reviewed and evaluated pursuant to section 2-3-112, C.R.S., for the limited purpose of conducting such reviews and evaluations. The state auditor is authorized to provide such information to any individual or entity with which the auditor may contract for purposes of conducting such reviews and evaluations. The state auditor's office and any other person or entity assisting the auditor or with whom the auditor may contract for purposes of conducting the programmatic reviews and evaluations shall maintain the confidential nature of the information received pursuant to this section and section 2-3-112, C.R.S., and shall not disclose any confidential information.
(2) The state auditor shall specify the descriptive information that each executive agency and the judicial department shall provide and the form in which the executive agencies and the judicial department shall provide the information to the auditor's office for purposes of conducting the programmatic reviews and evaluations specified in section 2-3-112 (1), C.R.S.
SECTION 11. The introductory portion to 14-2-106 (1) (a), Colorado Revised Statutes, is amended to read:
14-2-106. License to marry. (1) (a) When a marriage application has been completed and signed by both parties to a prospective marriage and at least one party has appeared before the county clerk and recorder and has paid the marriage license fee of seven dollars plus an additional fee of ten dollars, except as provided in paragraph (c) of this subsection (1), such additional fee to be credited to the Colorado children's trust fund pursuant to section 19-3.5-106, C.R.S., section 25-20.5-205, C.R.S., and an additional amount established pursuant to section 25-2-121, C.R.S., such amount to be credited to the vital statistics records cash fund pursuant to section 25-2-121, C.R.S., the county clerk shall issue a license to marry and a marriage certificate form upon being furnished:
SECTION 12. Repeal. 19-1-103 (16), (19), (86), (91), and (110), Colorado Revised Statutes, are repealed as follows:
19-1-103. Definitions. As used in this title or in the specified portion of this title, unless the context otherwise requires:
(16) "Board", as used in article 3.5 of this title, means the Colorado children's trust fund board created in section 19-3.5-104.
(19) "Child abuse", as used in article 3.5 of this title, means any act that reasonably may be construed to fall under the definition of abuse or child abuse or neglect in subsection (1) of this section.
(86) "Prevention program", as used in article 3.5 of this title, means a program of direct child abuse prevention services to a child, parent, or guardian and includes research or education programs related to the prevention of child abuse. Such a prevention program may be classified as a primary prevention program when it is available to the community on a voluntary basis and as a secondary prevention program when it is directed toward groups of individuals who have been identified as high risk.
(91) "Recipient", as used in article 3.5 of this title, means and is limited to a nonprofit or public organization that receives a grant from the trust fund created in section 19-3.5-106.
(110) "Trust fund", as used in article 3.5 of this title, means the Colorado children's trust fund created in section 19-3.5-106.
SECTION 13. Repeal. 24-1-114 (4) (g), Colorado Revised Statutes, is repealed as follows:
24-1-114. Department of higher education - creation. (4) For the purposes of section 22 of article IV of the state constitution, the following are allocated to the department of higher education but shall otherwise continue to be administered as provided by law:
(g) The Colorado children's trust fund board, created by article 3.5 of title 19, C.R.S.
SECTION 14. 26-5.3-106 (1.5), Colorado Revised Statutes, is amended to read:
26-5.3-106. State's savings - cash fund created - use of moneys in fund - plan required. (1.5) All moneys in the fund shall be subject to annual appropriation by the general assembly and shall be used for the purposes set forth in the plan for improving the child welfare system in the state, developed in accordance with subsection (2) of this section, for the implementation of the emergency assistance program established pursuant to section 26-5.3-104, and for the family development center program established pursuant to section 26-18-104. section 25-20.5-301, C.R.S. Federal funds received by the state for the emergency assistance program shall be used only for such program and not for any other purpose. In accordance with section 24-36-114, C.R.S., all interest derived from the deposit and investment of moneys in the fund shall be credited to the general fund. It is the general assembly's intent that no additional state or county general fund moneys shall be used to finance the implementation of the plan established in accordance with subsection (2) of this section.
SECTION 15. Repeal. 24-1-120 (4) (c), Colorado Revised Statutes, is repealed as follows:
24-1-120. Department of human services - creation. (4) Unless otherwise transferred to the department of health care policy and financing or the department of public health and environment, the department of human services shall exercise the following powers and perform the following duties:
(c) Powers, duties, and functions relating to the family development center pilot program, created in article 18 of title 26, C.R.S., which are transferred by a type 2 transfer to the department of human services.
SECTION 16. 22-54-114 (3), Colorado Revised Statutes, is amended to read:
22-54-114. State public school fund. (3) Fifty percent of any unexpended balance of moneys appropriated by the general assembly in the state public school fund at the end of each fiscal year shall be transferred to the Colorado comprehensive health education fund created in section 22-25-109. section 25-20.5-302, C.R.S. The remaining fifty percent and any balances derived from other sources shall remain in said state public school fund and become available for distribution during the following fiscal year.
SECTION 17. 24-1-119 (5), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
24-1-119. Department of public health and environment - creation. (5) The department of public health and environment shall consist of the following divisions:
(c) The division of prevention and intervention services for children and youth, created in article 20.5 of title 25, C.R.S.".
Renumber succeeding sections accordingly.
Page 70, strike lines 14 and 15.
Renumber succeeding section accordingly._______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: SJM00-001.________________
On motion of Representative Lee, 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.)
HB00-1008 by Representative Larson; also Senator Perlmutter--Concerning documentation to be provided to surface landowners at the time of advance notice of the commencement of oil and gas operations.
Laid over until May 4.
HB00-1007 by Representative Williams S.; also Senator Dyer--Concerning revenues received by the regional transportation district.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1025 by Representatives Clarke, Leyba, Taylor, Young; also Senators Linkhart, Anderson, Lamborn, Reeves--Concerning the Colorado children's trust fund.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1204 By Representatives Johnson, May, Hagedorn, Young, Bacon, Hoppe, Larson, and Morrison; also Senators Chlouber, Dennis, Reeves, and Weddig--Concerning the creation of the Colorado telemarketing no call list for residential telephone subscribers who wish to avoid unwanted commercial telephone solicitation.
Laid over until February 22, retaining place on Calendar.
HB00-1206 By Representatives May, Alexander, Berry, Clapp, Dean, Decker, Fairbank, Hefley, Johnson, Kester, King, Larson, Lee, McElhany, McKay, McPherson, Mitchell, Nuņez, Paschall, Pfiffner, Sinclair, Smith, Spence, Stengel, Tool, Webster, Witwer, Young, Allen, Hoppe, Scott, Swenson, and Williams T.; also Senators Hillman, Andrews, Arnold, Congrove, Epps, Owen, Sullivant, and Tebedo--Concerning the prohibition of discrimination against employees based upon labor union participation.
Laid over until February 22, retaining place on Calendar.
HB00-1150 by Representative Leyba; also Senator Feeley--Concerning creation of specific parole provisions for special needs offenders.
Amendment No. 1, Judiciary Report, dated February 1, 2000, and placed in member’s bill file; Report also printed in House Journal, February 3, page 304.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1195 by Representative Tate--Concerning measures to correct underutilization of protected classes in the state personnel system.
Declared lost on Second Reading.
(For change in action, see Amendments to Report.)
HB00-1112 by Representative Grossman--Concerning the requirement of a regulatory analysis of rules proposed by executive branch agencies that impact small businesses.
Amendment No. 1, Business Affairs & Labor Report, dated February 3, 2000, and placed in member’s bill file; Report also printed in House Journal, February 4, pages 331-332.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1281 by Representative Kaufman; also Senator Matsunaka--Concerning the modification of land use requirements for cluster developments.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1202 By Representatives Clapp, Dean, Decker, Fairbank, King, Lee, McKay, Nuņez, Paschall, and Pfiffner; also Senator Musgrave--Concerning access to student information.
Amendment No. 1, State, Veterans, & Military Affairs Report, dated February 1, 2000, and placed in member’s bill file; Report also printed in House Journal, February 3, page 300.
Amendment No. 2, by Representative Clapp.
Amend the State, Veterans, & Military Affairs Committee Report, dated February 1, 2000, page 1, line 4, strike "Information concerning values" and substitute "Values".
Amendment No. 3, by Representative Clapp.
Amend printed bill, page 8, strike lines 2 through 4 and substitute the following:
"the custodian of records from transmitting data concerning the scholastic achievement of any student to any prospective employer of such student, nor shall anything in this subsection (3) prohibit the custodian of records";
line 9, after "under", insert "criminal";
strike lines 11 through 13 and substitute the following:
"investigation.".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1205 by Representatives Hagedorn, Tool--Concerning the licensure of addiction counselors.
Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated February 2, 2000, and placed in member’s bill file; Report also printed in House Journal, February 3, pages 295-296.
The committee report was adopted as follows:
Page 1, lines 1-4, declared passed;
lines 5-9, declared lost.
Amendment No. 2, by Representative Mitchell.
Amend printed bill, page 5, line 14, strike "master's" and substitute "baccalaureate".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1349 by Representatives Saliman, Berry, Tool, Allen, Bacon, Gordon, Gotlieb, Keller, and Paschall; also Senators Lacy, Anderson, Reeves, and Tanner--Concerning the elimination of the adjustment of the state's share of a school district's total program as a result of any agreements entered into by the school district to provide incentive payments to taxpayers who establish new business facilities or who expand existing business facilities.
Laid over until February 22, retaining place on Calendar.
HB00-1285 by Representative Kaufman; also Senator Perlmutter--Concerning enactment of the "Colorado Home Improvement Contract Requirement" under the "Colorado Consumer Protection Act".
Laid over until February 22, retaining place on Calendar.
HB00-1343 by Representative Leyba--Concerning prohibitions against the financial exploitation of at-risk adults.
Laid over until February 22, retaining place on Calendar.
SB00-073 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman-Concerning the repeal of the "Federal Mandates Act".
Laid over until February 22, retaining place on Calendar.
HB00-1261 by Representatives Johnson, George, Plant, and Saliman; also Senator Anderson--Concerning authorization for the board of parks and outdoor recreation in the department of natural resources to increase fees without statutory approval.
Referred to the Committee on Finance.
HB00-1290 by Representative Gotlieb; also Senator Wattenberg--Concerning the extension of an increase in water quality control permit program fees, and, in connection therewith, adding an element to a reporting requirement concerning such program and making an appropriation therefor.
Amendment No. 1, by Representative Gotlieb.
Amend printed bill, page 3, strike lines 4 through 21.
Renumber succeeding section accordingly.
Page 1, line 104, strike "program and making an appropriation" and substitute "program.";
strike line 105.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1301 By Representatives Vigil, and Tapia; also Senator Dennis--Concerning a requirement for moneys in racing purse trust accounts to be federally protected.
Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated February 9, 2000, and placed in member’s bill file; Report also printed in House Journal, February 11, pages 457-459.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1302 by Representative Kaufman; also Senator Matsunaka--Concerning tax incentives for owners of qualified low-income housing developments.
Amendment No. 1, Finance Report, dated , 2000, and placed in member’s bill file; Report also printed in House Journal, February 4, page 365.
Amendment No. 2, Appropriations Report, dated February 11, 2000, and placed in member’s bill file; Report also printed in House Journal, February 11, pages 455-456.
Amendment No. 3, by Representative Kaufman.
Amend the Appropriations Committee Report, dated February 11, 2000, page 1, strike lines 8 through 17.
Amendment No. 4, by Representative Young.
Amend printed bill, page 4, line 11, strike "(6)" and substitute "(7)".
Page 5, after line 2, insert the following:
"(5) The authority shall not allocate a credit pursuant to this part 21 unless:
(a) The owner of the qualified development and the local government in which the development is located have conducted a public hearing in the community in which the qualified development is located concerning the project for which the allocation has been applied. At such hearing, the owner of the qualified development and the local government shall specify the total cost of the project, the estimated present value of the allocation, and the total amount of the allocation. Public comments and other information shall be solicited at the hearing. The hearing shall be recorded and the owner of the qualified development shall make copies of the recording available to interested parties. The authority shall consider any comments or other information provided at the hearing when ranking an application for a credit pursuant to this section.
(b) The authority has obtained a written commitment approved by a public vote of the governing body of a local government to provide a matching monetary, in-kind, or other contribution benefitting the qualified development.".
Renumber succeeding subsections accordingly.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
On motion of Representative Dean, the remainder of the General Orders Calendar (HB00-1167, 1284, 1336, 1363, SB00-051, HB00-1278, 1304, 1313, 1319, 1394, 1260, 1326) was laid over until 7:00 p.m., February 21, retaining place on Calendar._______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representative Tate moved to amend the Report of the Committee of the Whole to show that HB00-1195 did pass.
The amendment was declared passed by the following roll call vote:
YES 35 NO 28 EXCUSED 2 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry Y
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 Y
Hoppe E
Johnson N
Kaufman Y
Keller Y
Kester Y
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller Y
Mitchell N
Morrison Y
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith Y
Spence N
Spradley N
Stengel N
Swenson Y
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. Y
Williams T. E
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker Y
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB00-1007, 1025, 1150 amended, 1195, 1112 amended, 1281, 1202 amended, 1205 amended, 1290 amended, 1301 amended, 1302 amended.
Laid over until date indicated retaining place on Calendar:
HB00-1167, 1284, 1336, 1363, SB00-051, HB00-1278, 1304, 1313, 1319, 1394, 1260, 1326--7:00 p.m., February 21, 2000.
HB00-1204, 1206, 1349, 1285, 1343, SB00-073--February 22, 2000.
HB00-1008--May 4, 2000.
Referred to Committee indicated: HB00-1261--Committee on Finance.
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 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 E
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate Y
Taylor Y
Tochtrop Y
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. E
Windels Y
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
_______________
House in recess. House reconvened.
________________
On motion of Representative Lee, 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.)
HB00-1167 by Representative Swenson--Concerning maximization of the use of the waste tire cleanup fund.
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.
Amendment No. 2, by Representative Swenson.
Amend printed bill, page 4, line 11, after "counties" insert "and municipalities".
Page 6, strike line 17 and substitute the following:
"SECTION 3. 24-32-114 (3) (b), (3) (c), and (4), Colorado Revised Statutes, are".
Page 7, after line 5, insert the following:
"(3) (b) Counties and municipalities receiving grants pursuant to this section may use such grants to fund the removal and disposal or recycling of waste tires with county or municipal personnel or may contract with private entities, other local governments, or other governmental agencies for such activities, if such contracts are otherwise in accordance with law. The use of inmate labor shall be pursued whenever feasible, at the sole discretion of the board of county commissioners or the governing body of the municipality.
(c) In awarding contracts for services pursuant to this section, a county or municipality may give preferential bidding treatment to individuals or entities that will recycle, pursuant to regulations of the department of public health and environment concerning recycling, and reuse, rather than dispose of, the waste tires.";
line 7, after "county" insert "and municipality";
line 10, after "county" insert "or municipality";
line 13, after "county" insert "or municipality".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1284 by Representatives Tate, Mace--Concerning housing authorities.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1336 by Representatives Coleman, Ragsdale; also Senator Linkhart--Concerning access to adoption records.
Amendment No. 1, Judiciary Report, dated February 10, 2000, and placed in member’s bill file; Report also printed in House Journal, February 11, pages 464-466.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1363 by Representative Hagedorn--Concerning disclosure of information required to be filed under the "Colorado Sunshine Act of 1972".
Amendment No. 1, by Representative Hagedorn.
Amend printed bill, page 5, strike lines 6 through 10 and substitute the following:
"hours of an agreement to engage in lobbying for any person not disclosed in the registration statement filed pursuant to section 24-6-303 (1), either by means of the electronic filing system created in section 24-6-303 (6.3) or by facsimile transmission in accordance with the following:
(I) In the case of a written agreement to engage such lobbyist, disclosure shall be made within twenty- four hours of the date of such agreement; and
(II) In the case of an oral agreement to engage such lobbyist, such disclosure shall be made within twenty-four hours of either the date of a subsequent written agreement between the parties or the date the lobbyist receives any payment on such agreement, whichever occurs first.".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
SB00-051 by Senators Tebedo, Arnold, Linkhart, Pascoe, Wham; also Representatives Spradley, Alexander, Hefley, Tupa, Williams S.--Concerning child care.
Laid over until February 22, retaining place on Calendar.
HB00-1278 by Representative King; also Senator Blickensderfer--Concerning state assistance to school districts in meeting capital construction needs.
Laid over until February 22, retaining place on Calendar.
HB00-1304 by Representative McElhany; also Senator Hillman--Concerning the implementation of constitutional amendments relating to information provided to the electorate for an election on a ballot issue.
Amendment No. 1, by Representative McElhany.
Amend printed bill, page 7, after line 12, insert the following:
"SECTION 8. 1-5-407, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
1-5-407. Form of ballots. (5.3) Commencing with the general election held in November 2000, each statewide measure initiated by the people shall be numbered consecutively in regular numerical order beginning with the number twenty. Such consecutive numbering of measures shall continue at any odd-year or general election held after such election at which any such measure is on the ballot beginning with the number following the highest number utilized in the previous election until the number ninety-nine is utilized at an election for any such measure. Such measures shall again be numbered consecutively in regular numerical order beginning with the number one and in accordance with this subsection (5.3) following the utilization of the number ninety-nine for any such measure. The secretary of state may promulgate rules as may be necessary to administer this subsection (5.3), including, but not limited to, rules specifying the grouping of such measures for purposes of such numbering or reserving specific sequences of numbers for certain categories of measures. Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S.".
Renumber succeeding sections accordingly.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1313 by Representative McElhany--Concerning requirements related to the provision of assistance in voting for disabled electors.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1319 by Representative Takis--Concerning the provision of notices of an election by election officials.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1394 by Representative McPherson--Concerning methods to prevent voter fraud in state elections.
Amendment No. 1, State, Veterans, & Military Affairs Report, dated February 15, 2000, and placed in member’s bill file; Report also printed in House Journal, February 16, page 554.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1260 by Representative Dean; also Senator Lacy--Concerning the exoneration of a person executing a bail bond from liability after a period of three years.
Amendment No. 1, Judiciary Report, dated February 15, 2000, and placed in member’s bill file; Report also printed in House Journal, February 17, page 578.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1326 By Representatives Scott, Dean--Concerning the "Uniform Principal and Income Act".
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage._______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB00-1167 amended, 1284, 1336 amended, 1363 amended, 1304 amended, 1313, 1319, 1394 amended, 1260 amended, 1326.
Laid over until date indicated retaining place on Calendar: SB00-051, HB00-1278--February 22, 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 59 NO 0 EXCUSED 6 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 E
Hoppe E
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith Y
Spence E
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate Y
Taylor E
Tochtrop Y
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. E
Windels Y
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker E
______________
Correction
H.J. page 580, line 29, strike "HB00-1250" and substitute "HB00-1379". _______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, Consideration of Senate amendments to HB00-1141 was laid over until February 22, retaining place on Calendar._______________
On motion of Representative Dean, the House adjourned until 9:00 a.m., February 22, 2000.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk