1/7/100
3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
Thirty-first Legislative Day Friday, February 4, 2000
Prayer by Father Ed Judy, Samaritan House, Denver.
The Speaker called the House to order at 9:00 a.m.
The roll was called with the following result:
The Speaker declared a quorum present._______________
On motion of Representative Windels, the reading of the journal of February 3, 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 10:30 a.m., retaining place on Calendar._______________
On motion of Representative Dean, HB00-1194, 1040, 1216, 1276 shall be made Special Orders on Friday, February 4, 2000, at 9:29 a.m._______________
The hour of 9:29 a.m., having arrived, on motion of Representative Paschall, 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.)
HB00-1194 by Representatives George, McPherson--Concerning campaign finance.
Amendment No. 1, State Veterans, & Military Affairs Report, dated January 18, 2000, and placed in member’s bill file; Report also printed in House Journal, January 21, pages 134-135.
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 233.
Amendment No. 3, by Representative Stengel.
Amend the Appropriations Committee Report, dated January 28, 2000, page 1, strike line 7 and substitute the following:
"strike lines 3 through 11 and substitute the following:
"SECTION 13. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".".
Amendment No. 4, by Representative Dean.
Amend the State, Veterans, & Military Affairs Committee Report, dated January 18, 2000, page 1, strike lines 1 and 2 and substitute the following:
"Amend printed bill, page 3, line 12, strike "Ten thousand" and substitute "Seven thousand five hundred";
line 14, strike "Five thousand" and substitute "Three thousand five hundred";
line 17, strike "Two thousand five hundred" and substitute "Two thousand two hundred fifty";
line 18, after "senate", insert "or district attorney";
line 19, strike "One thousand five hundred" and substitute "One thousand two hundred fifty";".
Amendment No. 5, by Representative George.
Amend printed bill, page 4, line 6, after "year.", add "A political party that accepts contributions that are intended or in any way designated by the person making the contribution to be passed through the party to a specific state candidate's candidate committee shall include the name and address of such person making the contribution and of the candidate committee designated by such person in a report filed pursuant to section 1-45-108.".
Page 5, after line 10, insert the following:
"(7) A conduit for a contribution shall include the name and address of the person making the contribution and of the candidate that the conduit is transmitting the contribution to in a report filed pursuant to section 1-45-108.".
Renumber succeeding subsections accordingly.
Page 6, line 12, strike "(7)" and substitute "(8)".
Page 8, line 23, strike "(3),".
Page 9, strike lines 5 through 11.
Amendment No. 6, by Representative George.
Amend printed bill, page 18, strike lines 14 through 16 and substitute the following:
"appropriate officer. The prevailing party in any such private action shall be entitled to reasonable attorney fees and costs.".
Amendment No. 7, by Representative George.
Amend printed bill, page 12, after line 23, insert the following:
"(B) On Monday of each week beginning on the first Monday in July before the primary election;".
Reletter succeeding sub-subparagraphs accordingly.
Amendment No. 8, by Representative Dean.
Amend the Amendment No. 7, by Representative George, printed in House Journal page 319, line 26, strike "election;"." and substitute "election if reports can be filed electronically through a website on the internet with the secretary of state by July 1, 2000; except that nothing in this sub-subparagraph (B) shall require filing by such means;".
Amendment No. 9, by Representative George.
Amend printed bill, page 4, strike lines 10 and 11 and substitute the following:
"any foreign corporation that does not have authority to transact business in this state pursuant to article 115 of title 7, C.R.S.";
strike lines 18 and 19 and substitute the following:
"the United States or from any foreign corporation that does not have authority to transact business in this state pursuant to article 115 of title 7, C.R.S.".
Amendment No. 10, by Representative Dean.
Amend printed bill, page 4, line 23, strike "or authorized committee";
after line 25, insert the following:
"(4.5) No candidate committee shall accept a contribution or contribution in kind from an authorized committee, including an authorized committee of the same candidate that was established for a different public office.".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1040 by Representative Spence; also Senator Hillman--Concerning waivers of requirements imposed on school districts.
Amendment No. 1, Education Report, dated January 21, 2000, and placed in member’s bill file; Report also printed in House Journal, January 21, page 154.
Amendment No. 2, by Representative Spence.
Amend printed bill, page 2, strike lines 15 through 17 and substitute the following:
"(b) The state board shall not waive any of the requirements specified in any of the following statutory provisions:
(I) The "Public School Finance Act of 1994", article 54 of this title; or
(II) The "Exceptional Children's Educational Act", article 20 of this title.".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1216 by Representative Lawrence; also Senator Arnold--Concerning procedural changes for the strengthening of the criminal laws.
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, by Representative Lawrence.
Amend printed bill, page 2, line 10, before "test", insert "diagnostic";
line 11, before "test", insert "diagnostic";
line 12, before "test", insert "diagnostic";
line 13, before "test", insert "diagnostic";
line 16, before "test", insert "diagnostic";
line 20, before "test", insert "diagnostic".
Page 3, line 10, before "test", insert "diagnostic";
line 11, before "test", insert "diagnostic";
line 12, before "test", insert "diagnostic";
line 13, before "test", insert "diagnostic";
line 14, before "test", insert "diagnostic";
line 20, after "(1)", insert "(a)";
line 22, before "test", insert "diagnostic";
line 25, before "test", insert "diagnostic";
after line 25, insert the following:
"(b) As used in this subsection (1), "diagnostic test" means a human immunodeficiency virus (HIV) screening test followed by a supplemental HIV test for confirmation in those instances when the HIV screening test is repeatedly reactive.".
Page 4, line 3, after "(1)", insert "(a)";
line 6, before "test", insert "diagnostic";
line 8, before "test", insert "diagnostic";
after line 8, insert the following:
"(b) As used in this subsection (1), "diagnostic test" means a human immunodeficiency virus (HIV) screening test followed by a supplemental HIV test for confirmation in those instances when the HIV screening test is repeatedly reactive.
SECTION 5. 18-3-401, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
18-3-401. Definitions. As used in this part 4, unless the context otherwise requires:
(1.7) "Diagnostic test" means a human immunodeficiency virus (HIV) screening test followed by a supplemental HIV test for confirmation in those instances when the HIV screening test is repeatedly reactive.".
Renumber succeeding sections accordingly.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1276 By Representatives Dean, Alexander, and Allen; also Senator Owen--Concerning the confidentiality of records of the Colorado student obligation bond authority.
Amendment No. 1, by Representative Dean.
Amend printed bill, page 2, line 18, strike "individuals;" and insert "individuals; except that the authority may disclose such information to an individual purchaser regarding his or her own contract;".
Page 3, after line 9, insert the following:
"(5) The authority shall provide, or cause to be provided, a report to each purchaser of an advance payment contract setting forth the value of and rate of return on the advance payment contract based on a calculation of average tuition and setting forth the amount of the stabilization reserve and retained earnings in the prepaid expense program. The report shall be provided at least annually and upon request of the purchaser of the advance payment contract.";
line 25, strike "individuals;" and insert "individuals; except that the authority may disclose such information to an account owner regarding his or her own account;".
Page 4, after line 15, insert the following:
"(5) The authority shall provide, or cause to be provided, a report to each account owner of an individual trust account or savings account setting forth the value of and rate of return on the account. The report shall be provided at least annually and upon request of the account owner.".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage._______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representatives Tupa and Grossman moved to amend the Report of the Committee of the Whole to show that the Appropriations Committee report dated January 28, 2000, did not pass, that the State, Veterans, and Military Affairs Committee report dated January 18, 2000, did not pass, that Amendment No. 3, by Representative Stengel (printed in House Journal page 318, lines 12-21); Amendment No. 4, by Representative Dean (printed in HJ page 318, lines 23-41); Amendment No. 5, by Representative George (printed in HJ page 318, lines 43-56, and page 319, lines 1-11); Amendment No. 6, by Representative George (printed in HJ page 319, lines 13-19); Amendment No. 7, by Representative George (printed in HJ page 319, lines 21-28); Amendment No. 8, by Representative Dean (printed in HJ page 319, lines 30-37); Amendment No. 9, by Representative George (printed in HJ page 319, lines 39-52); Amendment No 10, by Representative Dean (printed in HJ page 319, lines 54-56, and on page 320, lines 1-6), did not pass, that the following Tupa amendment, to HB00-1194, did pass, and that HB00-1194, as amended, did pass:
Strike the Appropriations Committee Report, dated January 28, 2000, and substitute the following:
"Strike the State, Veterans, & Military Affairs Committee Report, dated January 18, 2000, and substitute the following:
"Amend printed bill, strike everything below the enacting clause, and substitute the following:
"SECTION 1. 1-45-104 (2) and (7), Colorado Revised Statutes, are amended to read:
1-45-104. Contribution limits. (2) No natural person or political committee shall make, and no candidate committee shall accept, aggregate contributions to a candidate committee for a primary or general election or for a special legislative election in excess of the following amounts:
(a) Five hundred Two thousand five hundred dollars to any one governor candidate committee;
(b) One thousand two hundred fifty dollars to any one lieutenant governor, secretary of state, state treasurer, or attorney general candidate committee; and
(b) (c) One Seven hundred fifty dollars to any one state senate candidate committee; and
(d) Five hundred dollars to any one state house of representatives, state board of education, or regent of the university of Colorado candidate committee.
(7) No political committee shall accept an aggregate contribution from any person in excess of two hundred fifty one thousand dollars per house of representatives election cycle.
SECTION 2. No Appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the provisions of this act.
SECTION 3. Applicability. This act shall apply to any natural person, political committee, or candidate committee subject to the limits on contributions contained in this act on and after January 1, 2001, and for any portion of any election cycle remaining after such date. Such restrictions shall not apply to contributions made prior to such date.
SECTION 4. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".".".
The amendment was declared lost by the following roll call vote:
YES 26 NO 39 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez N
Clapp Y
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 N
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 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. N
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
Representatives Pfiffner and Gordon moved to amend the Report of the Committee of the Whole to show that Amendment No. 4, by Representative Dean (printed in HJ page 318, lines 23-41) to HB00-1194, did not pass, and that the following Pfiffner amendment, to HB00-1194 did pass, and that HB00-1194, as amended, did pass:
Amend the State, Veterans, and Military Affairs Committee Report, dated January 18, 2000, page 1, strike lines 1 and 2 and substitute the following:
"Amend printed bill, page 3, line 12, strike "Ten" and substitute "Six";
strike line 14 and substitute the following:
"(b) Three thousand dollars to any one";
line 15, strike "governor,";
after line 16, insert the following:
"(c) Two thousand dollars to any one lieutenant governor, state board of education from a congressional district, or regent of the university of Colorado from a congressional district candidate committee;".
Reletter succeeding paragraphs accordingly.
Page 3, line 17, strike "Two thousand five hundred" and substitute "One thousand";
line 19, strike "One thousand five" and substitute "Five".
The amendment was declared lost by the following roll call vote:
YES 25 NO 40 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez N
Clapp N
Clarke N
Coleman Y
Dean N
Decker N
Fairbank N
Gagliardi N
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller Y
Kester N
King N
Larson Y
Lawrence N
Lee N
Leyba N
Mace N
May N
McElhany N
McKay N
McPherson Y
Miller N
Mitchell N
Morrison Y
Nuņez N
Paschall N
Pfiffner Y
Plant Y
Ragsdale N
Saliman Y
Scott N
Sinclair N
Smith N
Spence N
Spradley Y
Stengel N
Swenson Y
Takis Y
Tapia Y
Tate N
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga N
Vigil N
Webster Y
Williams S. Y
Williams T. N
Windels Y
Witwer Y
Young N
Zimmerman Y
Mr. Speaker Y
Representative Gordon moved to amend the Report of the Committee of the Whole to show that the following Gordon amendment, to HB00-1194, did pass, and that HB00-1194, as amended, did pass.
Amend printed bill, page 8, after line 22, insert the following:
"1-45-107.5. Electioneering communications. (1) Any person who expends one thousand dollars or more per calendar year on electioneering communications shall make such expenditures solely from funds that:
(a) Are contributed by natural persons, political parties, or political committees; and
(b) Are maintained in a separate segregated fund by such person for the purpose of making such expenditures.
(2) Any person described in subsection (1) of this section shall be subject to the reporting requirements of section 1-45-108 (2). In addition to any other relevant reporting requirement, such report shall include the name, address, occupation, and employer of any natural person that contributes more than two hundred fifty dollars per year to such person described in subsection (1) of this section for electioneering communication purposes.".
Page 10, after line 7, insert the following:
"(5.5) (a) "Electioneering communication" means any communication broadcasted by television or radio, printed in a newspaper, directly mailed to persons on a commercial or voter registration list, printed in a writing that is delivered by hand to residences, or otherwise distributed that:
(I) Unambiguously refers to any specific public office or candidate for such office;
(II) Is broadcasted, printed, mailed, delivered, or distributed within thirty days before a primary election or sixty days before a general election; and
(III) Is broadcasted to, printed in a newspaper distributed to, mailed to, delivered by hand to, or otherwise distributed to an audience that includes members of the electorate for such public office.
(b) "Electioneering communication" does not include news articles, editorial endorsements, opinion or commentary writings, or letters to the editor printed in a newspaper.
(c) "Electioneering communication" does not include any communication made solely to the members of the organization making the communication.".
Page 17, line 20, after "1-45-106,", insert "1-45-107.5,".
Page 19, line 1, after "1-45-106,", insert "1-45-107.5,".
The amendment was declared lost by the following roll call vote:
YES 29 NO 36 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 N
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 N
Morrison Y
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 Y
Young N
Zimmerman Y
Mr. Speaker N
Representative Bacon moved to amend the Report of the Committee of the Whole to show that the following Bacon amendment, to HB00-1040, did pass, and that HB00-1040, as amended, did pass.
Amend printed bill, page 2, after line 17, insert the following:
"(III) Part 3 of article 63 of this title, concerning teacher dismissal.".
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 N
Hagedorn Y
Hefley N
Hoppe N
Johnson N
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 N
Morrison Y
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 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. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker Y
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB00-1194 amended, 1040 amended, 1216 amended, 1276 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 59 NO 6 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 N
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 Y
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate Y
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
_______________
APPOINTMENTS
The Speaker announced the appointment of Representative Coleman to replace Representative Miller on the Committee on Legal Services.
The appointment was confirmed by the following roll call vote:
YES 63 NO 0 EXCUSED 2 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence E
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 E
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
______________
INTRODUCTION OF RESOLUTION
The following resolution was read by title and laid over one day under the rules:
HJR00-1004 by Representative Hoppe; also Senator Dennis--Con-cerning the designation of Colorado 4-H Day._______________
House in recess. House reconvened.
_______________
REPORTS OF COMMITTEES OF REFERENCE
AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES
After consideration on the merits, the Committee recommends the following:
HB00-1212 be referred to the Committee of the Whole with favorable recommendation.
HB00-1237 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, strike everything below the enacting clause, and substitute the following:
"SECTION 1. Part 2 of article 103 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
24-103-208. State purchase of agriculturally-based products. (1) As used in this section, unless the context otherwise requires:
(a) "Agriculturally-based", in reference to a product, means that at least twenty percent of the raw material of the product consists of flora or a derivative of flora. Flora does not include petroleum or coal. For purposes of this section, agriculturally-based does not include ethanol.
(b) "Alternative product" means a Colorado product that is listed in the department of agriculture's list of agriculturally-based alternatives to nonrenewable products.
(2) The department of agriculture shall publish a list of viable agriculturally-based alternative products produced and available in Colorado.
(3) When purchasing products that are comparable to products listed by the department of agriculture pursuant to subsection (2) of this section, the executive director or any purchasing agent shall purchase agriculturally-based alternatives to nonrenewable resource-based products, including petroleum-based products, unless the cost of such products exceeds the cost of comparable products by five percent.
(4) If it is determined by the executive director or any purchasing agent that compliance with this section may cause denial of federal moneys which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements.
(5) Agriculturally-based alternative products shall not be given a purchasing preference under this section unless such products meet or exceed any uniformly applied performance standard set by any department or agency purchasing such products or if use of such product would void a manufacturer's warranty.
SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".
HB00-1267 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 2, line 23, before "(13),", insert "(2.5) and", and strike "is" and substitute "are";
strike line 25 and substitute the following:
"ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:".
Page 3, strike lines 2 through 4 and substitute the following:
"(2.5) "Commercial dog breeder" means a dog breeder that transfers at least one hundred dogs per year, excluding racing greyhounds that are not intended to be companion pets.
(6.6) "Dog breeder, large scale operation" means a dog breeder that transfers at least one hundred dogs per year, excluding racing greyhounds that are not intended to be companion pets.
(6.7) "Dog breeder, small scale operation" means a dog breeder that transfers at least twenty-five but no more than ninety-nine dogs per year.".
Page 4, line 8, strike "an administrative" and substitute "a";
line 14, strike "kept." and substitute "kept for the purpose of carrying out the provisions of this act.".
Page 5, line 7, strike "small limited operation" and substitute "small scale operation";
line 14, strike "small limited operation" and substitute "small scale operation".
HB00-1283 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 2, line 7, after "interface.", insert "It is the intent of this legislation to encourage pre-suppression activities through the harvest of commercially viable materials where practicable.", and after "is", insert "also".
Page 3, line 4, strike "fires," and substitute "fires and other pre-suppression activities, such as the harvest of commercially viable materials,";
line 13, strike first "state" and substitute "state, including wild land-urban interface areas,".
Page 7, line 9, strike "prescribed burns" and substitute "burning";
strike lines 10 through 18 and substitute the following:
"SECTION 9. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".
HB00-1286 be referred to the Committee of the Whole with favorable recommendation.
HB00-1307 be referred to the Committee of the Whole with favorable recommendation.
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee recommends the following:
HB00-1010 be postponed indefinitely.
HB00-1079 be postponed indefinitely.
HB00-1093 be referred favorably to the Committee on Finance.
HB00-1094 be postponed indefinitely.
HB00-1112 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, strike everything below the enacting clause, and substitute the following:
"SECTION 1. 24-4-103 (3) (a), Colorado Revised Statutes, is amended to read:
24-4-103. Rule-making - procedure. (3) (a) (I) Notice of proposed rule-making shall be published as provided in subsection (11) of this section and shall state the time, place, and nature of public rule-making proceedings which that shall not be held less than twenty days after such publication, the authority under which the rule is proposed, and either the terms or the substance of the proposed rule or a description of the subjects and issues involved. If any material is to be incorporated by reference in a proposed rule pursuant to subsection (12.5) of this section, the agency shall identify the material in the notice by the name of the appropriate agency, organization, or association and by the date, title, or citation of the material. In the statement of basis and purpose of the proposed rule prepared by the agency, the agency shall include a statement of issues affecting small businesses, including:
(A) A list of regulatory requirements that have or may have an economic impact upon small businesses;
(B) A list of the alternatives to the proposed regulations that were considered by the agency, if any.
(II) For purposes of this paragraph (a), "small business" means a commercial concern, including its affiliates, that is independently owned and operated and that either employs fewer than fifty full-time employees or an equivalent number of part-time employees or has gross annual revenue of less than five million dollars.
(III) The agency shall make the statement of basis and purpose accessible electronically on the internet, if the agency has internet capability or immediately upon obtaining that capability, and shall include instructions for accessing the proposed rules and the statement of basis and purpose in the notice of rule-making published in the Colorado register in accordance with subsection (11) of this section.
SECTION 2. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.
SECTION 3. Effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
(2) The provisions of this act shall apply to rules adopted on or after the applicable effective date of this act.".
HB00-1196 be postponed indefinitely.
FINANCE
After consideration on the merits, the Committee recommends the following:
HB00-1019 be postponed indefinitely.
HB00-1021 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 1, line 2, strike "(1.5), Colorado Revised Statutes, is" and substitute "(1.5) and (2), Colorado Revised Statutes, are".
Page 2, after line 6, insert the following:
"(2) Prior to the application of the rate of tax prescribed in subsection subsection (1), (1.5), or (1.7) of this section, the federal taxable income shall be modified as provided in subsections (3) and (4) of this section.
SECTION 2. The introductory portion to 39-22-105 (1) and 39-22-105 (3) and (4), Colorado Revised Statutes, are amended, and the said 39-22-105 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
39-22-105. Alternative minimum tax. (1) With respect to each taxable year commencing on or after January 1, 1987, but prior to January 1, 2000, for every individual, estate, and trust, in addition to the tax imposed in section 39-22-104, a tax is imposed in an amount equal to the excess of:
(1.5) With respect to each taxable year commencing on or after January 1, 2000, for every individual, estate, and trust, in addition to the tax imposed in section 39-22-104, a tax is imposed in an amount equal to the excess of:
(a) Three and nineteen one-hundredths percent of the Colorado alternative minimum taxable income, as determined pursuant to subsection (2) of this section; over
(b) The tax imposed in section 39-22-104.
(3) (a) For taxable years beginning on or after January 1, 1988, but prior to January 1, 2000, each individual, estate, and trust shall be allowed a credit against the tax imposed by this part 1 in an amount equal to eighteen percent of the credit allowed for the same tax year by section 53 of the internal revenue code.
(b) For taxable years beginning on or after January 1, 2000, each individual, estate, and trust shall be allowed a credit against the tax imposed by this part 1 in an amount equal to eleven and thirty-eight one-hundredths percent of the credit allowed for the same tax year by section 53 of the internal revenue code.
(4) In the case of a nonresident taxpayer, the tax imposed by subsection subsections (1) and (1.5) of this section and the credit allowed by subsection (2) subsection (3) of this section shall be apportioned in the ratio of the modified federal alternative minimum taxable income from Colorado sources over the total modified federal alternative minimum taxable income.".
Renumber succeeding sections accordingly.
HB00-1030 be postponed indefinitely.
HB00-1049 be referred favorably to the Committee on Appropriations.
HB00-1050 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 5, line 11, strike "00-____," and substitute "00-1050,".
Page 6, line 18, strike "00-____," and substitute "00-1050,".
Page 7, line 17, strike "00-____," and substitute "00-1050,".
Page 8, line 23, strike "00-____," and substitute "00-1050,".
Page 9, line 18, strike "00-____," and substitute "00-1050,".
Page 10, line 12, strike "00-____," and substitute "00-1050,".
Page 11, line 7, strike "00-____," and substitute "00-1050,";
line 26, strike "00-____," and substitute "00-1050,".
Page 12, line 21, strike "00-____," and substitute "00-1050,".
Page 13, line 17, strike "00-____," and substitute "00-1050,".
HB00-1051 be postponed indefinitely.
HB00-1060 be postponed indefinitely.
HB00-1061 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 3, line 18, after "(e)", insert "(I)".
Page 4, after line 3, insert the following:
"(II) At the rate specified in section 39-2-106 (1) (c), for any state fiscal year commencing on or after July 1, 2000, but prior to July 1, 2002, upon the amount paid for prepared food or food marketed for immediate consumption as defined in section 39-26-102 (6.6), and sales of carbonated water marketed in containers, chewing gum, seeds and plants to grow foods, prepared salads and salad bars, packaged and unpackaged cold sandwiches, deli trays, and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated or coin-collecting food and snack devices on behalf of a vendor.
SECTION 4. 39-26-105 (1) (a), Colorado Revised Statutes, is amended, and the said 39-26-105 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
39-26-105. Vendor liable for tax. (1) (a) Except as provided in paragraph paragraphs (d) and (e) of this subsection (1), every retailer, also in this part 1 called "vendor", shall, irrespective of the provisions of section 39-26-106, be liable and responsible for the payment of an amount equivalent to three percent of all sales made by the vendor of commodities or services as specified in section 39-26-104 and shall, before the twentieth day of each month, make a return to the executive director of the department of revenue for the preceding calendar month and remit an amount equivalent to said three percent on such sales to said executive director, less three and one-third percent of the sum so remitted to cover the vendor's expense in the collection and remittance of said tax; but, if any vendor is delinquent in remitting said tax, other than in unusual circumstances shown to the satisfaction of the executive director, the vendor shall not be allowed to retain any amounts to cover his expense in collecting and remitting said tax, and an amount equivalent to the full three percent, plus the amount of any local vendor expense which may be allowed by the local government to the vendor, shall be remitted to the executive director by any such delinquent vendor. Such returns of the taxpayer or the taxpayer's duly authorized agent shall contain such information and be made in such manner and upon such forms as the executive director shall prescribe. Any local vendor expense remitted to the executive director shall be deposited to the state general fund.
(e) For any state fiscal year commencing on or after July 1, 2000, but prior to July 1, 2002, every retailer or vendor who sells items upon which a sales tax is imposed pursuant to section 39-26-106 (1) (c) shall be liable and responsible for the payment of an amount equivalent to the amount of sales tax imposed on such items less three and one-third percent.
SECTION 5. 39-26-106 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
39-26-106. Schedule of sales tax. (1) (c) Notwithstanding the three percent rate provision of paragraph (a) of this subsection (1):
(I) For the state fiscal year commencing on July 1, 2000, the tax imposed pursuant to this subsection (1) shall be imposed upon all sales of prepared food or food marketed for immediate consumption as defined in section 39-26-102 (6.6), and sales of carbonated water marketed in containers, chewing gum, seeds and plants to grow foods, prepared salads and salad bars, packaged and unpackaged cold sandwiches, deli trays, and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated or coin-collecting food and snack devices on behalf of a vendor at a rate of two percent; and
(II) For the state fiscal year commencing on July 1, 2001, the tax imposed pursuant to this subsection (1) shall be imposed upon all sales of prepared food or food marketed for immediate consumption as defined in section 39-26-102 (6.6), and sales of carbonated water marketed in containers, chewing gum, seeds and plants to grow foods, prepared salads and salad bars, packaged and unpackaged cold sandwiches, deli trays, and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated or coin-collecting food and snack devices on behalf of a vendor at a rate of one percent.".
Renumber succeeding sections accordingly.
Page 5, after line 11, insert the following:
"SECTION 8. 29-2-105 (8), Colorado Revised Statutes, is amended to read:
29-2-105. Contents of sales tax ordinances and proposals. (8) Any statutory or home rule city, town, city and county, or county which that provides an exemption for the sale of food shall define "food" as defined in section 39-26-102 (4.5), C.R.S.; except that, on and after July 1, 2000, any statutory or home rule city, town, city and county, or county that provided an exemption for the sale of food as food was defined prior to July 1, 2000 in section 39-26-102 (4.5), C.R.S., may continue to impose sales tax on sales of prepared food or food marketed for immediate consumption as defined in section 39-26-102 (6.6), C.R.S., and sales of carbonated water marketed in containers, chewing gum, seeds and plants to grow foods, prepared salads and salad bars, packaged and unpackaged cold sandwiches, deli trays, and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated or coin-collecting food and snack devices on behalf of a vendor, notwithstanding that the term "food" as defined in section 39-26-102 (4.5), C.R.S., on and after July 1, 2000, includes said items and prepared food or food marketed for immediate consumption.
SECTION 9. 29-2-106 (4) (a), Colorado Revised Statutes, is amended to read:
29-2-106. Collection - administration - enforcement. (4) (a) The executive director of the department of revenue shall, at no charge, administer, collect, and distribute the sales tax of any home rule municipality, upon request of the governing body of such municipality, if the provisions of the sales tax ordinance of said municipality, other than those provisions relating to local procedures followed in adopting the ordinance and whether or not the ordinance applies the sales tax to the sale of food, either as defined in section 39-26-102 (4.5), C.R.S., or as otherwise permitted pursuant to section 29-2-105 (8), or purchases of machinery or machine tools as provided in section 39-26-114 (11), C.R.S., or sales or purchases of electricity, coal, wood, gas, fuel oil, or coke as provided in section 39-26-114 (1) (a) (XXI), C.R.S., or vending machine sales of food as described in section 39-26-114 (7.5), C.R.S., or sales or purchases of farm equipment or farm equipment under lease or contract as provided in section 39-26-114 (20), C.R.S., or sales of low-emitting motor vehicles, power sources, or parts used for converting such power sources as specified in section 39-26-114 (22), C.R.S., or to pesticides that are registered by the commissioner of agriculture for use in the production of agricultural and livestock products pursuant to the provisions of the "Pesticide Act", article 9 of title 35, C.R.S., and offered for sale by dealers licensed to sell such pesticides pursuant to section 35-9-115, C.R.S., as provided in section 29-2-105 (1) (d), correspond to the requirements of this article for sales taxes imposed by counties, towns, and cities and if no use tax is to be collected by the department except as provided in section 39-26-208, C.R.S. At the time of making such request, said governing body shall certify to the executive director of the department of revenue a true copy of said sales tax ordinance.
SECTION 10. 30-20-604.5 (1), Colorado Revised Statutes, is amended to read:
30-20-604.5. District sales tax. (1) The board of any county having a population greater than one hundred thousand, for the purpose of funding all or a portion of the cost of any improvements constructed pursuant to section 30-20-603 (1) (a) and (1) (c), may levy a sales tax throughout the district upon every transaction or other incident with respect to which a sales tax is authorized pursuant to section 29-2-105, C.R.S.; except that such tax may be levied only upon those transactions specified in section 39-26-104 (1) (a), (1) (b), (1) (e), and (1) (f), C.R.S. The board may, in its discretion, levy or continue to levy a sales tax on:
(a) The sales of low-emitting motor vehicles, power sources, or parts used for converting such power sources as specified in section 39-26-114 (22), C.R.S.; and
(b) Either all sales of food upon which any statutory home rule city, town, city and county, or county may levy a sales tax pursuant to section 29-2-105, C.R.S., or the portion of such sales that constitutes sales of prepared food or food marketed for immediate consumption as defined in section 39-26-102 (6.6), C.R.S., and sales of carbonated water marketed in containers, chewing gum, seeds and plants to grow foods, prepared salads and salad bars, packaged and unpackaged cold sandwiches, deli trays, and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated or coin-collecting food and snack devices on behalf of a vendor.
SECTION 11. 32-9-119 (2) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
32-9-119. Additional powers of district. (2) (a) To provide revenue to finance the operations of the district, to defray the cost of construction of capital improvements and acquisition of capital equipment, and to pay the interest and principal on securities of the district, the board, for and on behalf of the district after approval by election held pursuant to articles 1 to 13 of title 1, C.R.S., shall have the power to levy uniformly throughout the district a sales tax at the rate of six-tenths of one percent upon every transaction or other incident with respect to which a sales tax is now levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S.; except that:
(III) The board may, in its discretion, levy or continue to levy a sales tax upon either all sales of food upon which any statutory home rule city, town, city and county, or county may levy a sales tax pursuant to section 29-2-105, C.R.S., or the portion of such sales that constitutes sales of prepared food or food marketed for immediate consumption as defined in section 39-26-102 (6.6), C.R.S., and sales of carbonated water marketed in containers, chewing gum, seeds and plants to grow foods, prepared salads and salad bars, packaged and unpackaged cold sandwiches, deli trays, and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated or coin-collecting food and snack devices on behalf of a vendor.
SECTION 12. 32-13-105 (4) (a), Colorado Revised Statutes, is amended to read:
32-13-105. Authorizing elections - repeal. (4) (a) For purposes of complying with the provisions of section 20 (4) of article X of the state constitution and upon proper submittal of a valid initiative petition to or upon the adoption of a resolution by the board of the district created in section 32-13-104, the district may submit to the registered electors within the geographical boundaries of the district, at a general election or an election held on the first Tuesday in November of an odd-numbered year, the question of whether the district shall be authorized to levy and collect the following sales and use taxes in lieu of the sales and use taxes specified in subsection (1) of this section for a period of time not to exceed ten years from the date upon which the authority of the district to levy and collect the sales and use taxes specified in subsection (1) of this section is scheduled to expire:
(I) A uniform sales and use tax throughout said geographical area at a rate of fifty-nine one-thousandths of one percent upon every transaction or other incident with respect to which a sales and use tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S., except such sales and use tax shall be levied on purchases of machinery or machine tools which are otherwise exempt pursuant to section 39-26-114 (11), C.R.S., to the extent such purchases are subject to a sales and use tax levied by the regional transportation district pursuant to section 29-2-105 (1) (d), C.R.S. to For as long as such sales and use tax is levied, it shall be levied upon all sales of food upon which any statutory home rule city, town, city and county, or county may levy a sales tax pursuant to section 29-2-105, C.R.S., unless the district adopts a resolution that exempts either all of such sales or the portion of such sales that do not constitute sales of prepared food or food marketed for immediate consumption as defined in section 39-26-102 (6.6), C.R.S., and sales of carbonated water marketed in containers, chewing gum, seeds and plants to grow foods, prepared salads and salad bars, packaged and unpackaged cold sandwiches, deli trays, and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated or coin-collecting food and snack devices on behalf of a vendor from the sales and use tax. The revenues generated by the sales and use tax shall be distributed to the Denver museum of natural history, the Denver zoological gardens, the Denver art museum, and the Denver botanical gardens pursuant to the provisions of section 32-13-107 (3) (a);
(II) A uniform sales and use tax throughout said geographical area at a rate of twenty-eight one-thousandths of one percent upon every transaction or other incident with respect to which a sales and use tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S., except such sales and use tax shall be levied on purchases of machinery or machine tools which are otherwise exempt pursuant to section 39-26-114 (11), C.R.S., to the extent such purchases are subject to a sales and use tax levied by the regional transportation district pursuant to section 29-2-105 (1) (d), C.R.S. to For as long as such sales and use tax is levied, it shall be levied upon all sales of food upon which any statutory home rule city, town, city and county, or county may levy a sales tax pursuant to section 29-2-105, C.R.S., unless the district adopts a resolution that exempts either all of such sales or the portion of such sales that do not constitute sales of prepared food or food marketed for immediate consumption as defined in section 39-26-102 (6.6), C.R.S., and sales of carbonated water marketed in containers, chewing gum, seeds and plants to grow foods, prepared salads and salad bars, packaged and unpackaged cold sandwiches, deli trays, and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated or coin-collecting food and snack devices on behalf of a vendor from the sales and use tax. The revenues generated by the sales and use tax shall be distributed to scientific and cultural facilities pursuant to the provisions of section 32-13-107 (3) (b);
(III) A uniform sales and use tax throughout said geographical area at a rate of thirteen one-thousandths of one percent upon every transaction or other incident with respect to which a sales and use tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S., except such sales and use tax shall be levied on purchases of machinery or machine tools which are otherwise exempt pursuant to section 39-26-114 (11), C.R.S., to the extent such purchases are subject to a sales and use tax levied by the regional transportation district pursuant to section 29-2-105 (1) (d), C.R.S. to For as long as such sales and use tax is levied, it shall be levied upon all sales of food upon which any statutory home rule city, town, city and county, or county may levy a sales tax pursuant to section 29-2-105, C.R.S., unless the district adopts a resolution that exempts either all of such sales or the portion of such sales that do not constitute sales of prepared food or food marketed for immediate consumption as defined in section 39-26-102 (6.6), C.R.S., and sales of carbonated water marketed in containers, chewing gum, seeds and plants to grow foods, prepared salads and salad bars, packaged and unpackaged cold sandwiches, deli trays, and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated or coin-collecting food and snack devices on behalf of a vendor from the sales and use tax. The revenues generated by the sales and use tax shall be distributed to scientific and cultural facilities pursuant to the provisions of section 32-13-107 (3) (c).
SECTION 13. 32-13-107 (1) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
32-13-107. Sales and use tax imposed - collection - administration of tax - use. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), upon the approval of the registered electors pursuant to the provisions of section 32-13-105, the board shall have the power to levy such uniform sales and use taxes throughout the district created in section 32-13-104 upon every transaction or other incident with respect to which a sales and use tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S.; except that such sales and use tax shall be levied on:
(IV) All sales of food upon which any statutory home rule city, town, city and county, or county may levy a sales tax pursuant to section 29-2-105, C.R.S., unless the district adopts a resolution that exempts either all of such sales or the portion of such sales that do not constitute sales of prepared food or food marketed for immediate consumption as defined in section 39-26-102 (6.6), C.R.S., and sales of carbonated water marketed in containers, chewing gum, seeds and plants to grow foods, prepared salads and salad bars, packaged and unpackaged cold sandwiches, deli trays, and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated or coin-collecting food and snack devices on behalf of a vendor from the sales and use tax.
SECTION 14. 32-14-114 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
32-14-114. Sales tax imposed - collection - administration of tax - discontinuance. (1) Upon the approval of the registered electors pursuant to the provisions of section 32-14-105 and upon the granting of a major league baseball franchise by major league baseball to be located in the district, the board shall have the power to levy such uniform sales tax for a period not to exceed twenty years throughout the district created in section 32-14-104 upon every transaction or other incident with respect to which a sales tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S.; except that such sales tax shall be levied on:
(d) All sales of food upon which any statutory home rule city, town, city and county, or county may levy a sales tax pursuant to section 29-2-105, C.R.S., unless the district adopts a resolution that exempts either all of such sales or the portion of such sales that do not constitute sales of prepared food or food marketed for immediate consumption as defined in section 39-26-102 (6.6), C.R.S., and sales of carbonated water marketed in containers, chewing gum, seeds and plants to grow foods, prepared salads and salad bars, packaged and unpackaged cold sandwiches, deli trays, and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated or coin-collecting food and snack devices on behalf of a vendor from the sales tax.
SECTION 15. 32-15-110 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
32-15-110. Sales tax imposed - collection - administration of tax - discontinuance. (1) Upon the approval of the registered electors pursuant to the provisions of section 32-15-107, the board shall have the power to levy such uniform sales tax upon the adoption of a resolution for a period commencing after the termination of the sales tax levied and collected by the Denver metropolitan major league baseball stadium district pursuant to section 32-14-105 and continuing for a period not to extend beyond January 1, 2012, throughout the district created in section 32-15-104 upon every transaction or other incident with respect to which a sales tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S.; except that such sales tax shall be levied on:
(d) All sales of food upon which any statutory home rule city, town, city and county, or county may levy a sales tax pursuant to section 29-2-105, C.R.S., unless the district adopts a resolution that exempts either all of such sales or the portion of such sales that do not constitute sales of prepared food or food marketed for immediate consumption as defined in section 39-26-102 (6.6), C.R.S., and sales of carbonated water marketed in containers, chewing gum, seeds and plants to grow foods, prepared salads and salad bars, packaged and unpackaged cold sandwiches, deli trays, and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated or coin-collecting food and snack devices on behalf of a vendor from the sales tax.".
Renumber succeeding sections accordingly.
HB00-1063 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 1, before "health", insert "rural";
line 7, after "by", insert "rural communities and";
line 8, strike "accept employment offers." and substitute "practice.";
line 16, after the first "or", insert "advanced practice";
strike lines 18 through 22 and substitute the following:
"(b) "Rural health care professional shortage area" means:
(I) Any area within a county that is not included within Colorado's metropolitan statistical area counties of Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo, and Weld; or
(II) Any area within a county that is included within Colorado's metropolitan statistical area counties as enumerated in subparagraph (I) of this paragraph (b) that is located thirty or more miles from the nearest hospital containing thirty or more beds.".
Page 3, strike lines 5 through 13 and substitute the following:
"(3) For income tax years commencing on or after January 1, 2000, there shall be allowed to each taxpayer a credit against the tax imposed by this article in an amount equal to one-third of the amount of the student loan referenced in paragraph (d) of subsection (4) of this section, or one-third of the balance due and owing on such loan, as of the date of the first payment on such loan or January 1, 2000, whichever is later, up to the amount of the taxpayer's actual income tax liability for the taxable year for which the credit is claimed; except that in no event shall the aggregate amount of the credit claimed by the taxpayer for all income tax years pursuant to this section exceed the amount of the balance due and owing on the student loan referenced in paragraph (d) of subsection (4) of this section.";
line 18, after "a", insert "rural";
line 20, after "the", insert "first", and strike "year;" and substitute "year for which the credit is claimed;";
line 21, after "a", insert "rural";
line 22, after "three", insert "but up to five".
Page 4, line 11, after "years.", insert "The credit allowed by subsection (3) of this section shall only be allowed for the number of income tax years in which the taxpayer was actually residing and practicing in the rural health care professional shortage area consistent with the taxpayer's commitment to reside and practice in such area in conformity with subsection (4) of this section.".
Page 5, line 1, after "a", insert "rural";
line 2, strike "three-year";
line 3, strike "refund" and substitute "repay";
after line 5, insert the following:
"(8) If the amount of the credit allowed pursuant to the provisions of this section exceeds the amount of the income taxes otherwise due on the taxpayer's income in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in said income tax year may be carried forward and used as a credit against subsequent years' income tax liability for a period not to exceed ten years and shall be applied first to the earliest income tax years possible. Any credit remaining after said period shall not be refunded or credited to the taxpayer.".
HB00-1064 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 7, line 1, strike "00-____," and substitute "00-1064,".
Page 8, line 10, strike "00-____," and substitute "00-1064,".
Page 9, line 11, strike "00-____," and substitute "00-1064,".
Page 10, line 20, strike "00-____," and substitute "00-1064,".
Page 11, line 17, strike "00-____," and substitute "00-1064,".
Page 12, line 13, strike "00-____," and substitute "00-1064,".
Page 13, line 10, strike "00-____," and substitute "00-1064,".
Page 14, line 5, strike "00-____," and substitute "00-1064,".
Page 15, line 2, strike "00-____," and substitute "00-1064,";
line 26, strike "00-____," and substitute "00-1064,".
HB00-1065 be referred favorably to the Committee on Appropriations.
HB00-1066 be postponed indefinitely.
HB00-1067 be referred favorably to the Committee on Appropriations.
HB00-1082 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 10, after line 16, insert the following:
"SECTION 7. 32-13-105 (4) (a), Colorado Revised Statutes, is amended to read:
32-13-105. Authorizing elections - repeal. (4) (a) For purposes of complying with the provisions of section 20 (4) of article X of the state constitution and upon proper submittal of a valid initiative petition to or upon the adoption of a resolution by the board of the district created in section 32-13-104, the district may submit to the registered electors within the geographical boundaries of the district, at a general election or an election held on the first Tuesday in November of an odd-numbered year, the question of whether the district shall be authorized to levy and collect the following sales and use taxes in lieu of the sales and use taxes specified in subsection (1) of this section for a period of time not to exceed ten years from the date upon which the authority of the district to levy and collect the sales and use taxes specified in subsection (1) of this section is scheduled to expire:
(I) A uniform sales and use tax throughout said geographical area at a rate of fifty-nine one-thousandths of one percent upon every transaction or other incident with respect to which a sales and use tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S., except such sales and use tax shall be levied on purchases of machinery or machine tools which are otherwise exempt pursuant to section 39-26-114 (11), C.R.S., to the extent such purchases are subject to a sales and use tax levied by the regional transportation district pursuant to section 29-2-105 (1) (d), C.R.S. to For as long as such sales and use tax is levied, it shall also be levied upon all sales and purchases of tangible personal property used for research and development that are otherwise exempt pursuant to section 39-26-114 (24), C.R.S., unless the district adopts a resolution that exempts such property from the sales tax. The revenues generated by the sales and use tax shall be distributed to the Denver museum of natural history, the Denver zoological gardens, the Denver art museum, and the Denver botanical gardens pursuant to the provisions of section 32-13-107 (3) (a);
(II) A uniform sales and use tax throughout said geographical area at a rate of twenty-eight one-thousandths of one percent upon every transaction or other incident with respect to which a sales and use tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S., except such sales and use tax shall be levied on purchases of machinery or machine tools which are otherwise exempt pursuant to section 39-26-114 (11), C.R.S., to the extent such purchases are subject to a sales and use tax levied by the regional transportation district pursuant to section 29-2-105 (1) (d), C.R.S. to For as long as such sales and use tax is levied, it shall also be levied upon all sales and purchases of tangible personal property used for research and development that are otherwise exempt pursuant to section 39-26-114 (24), C.R.S., unless the district adopts a resolution that exempts such property from the sales tax. The revenues generated by the sales and use tax shall be distributed to scientific and cultural facilities pursuant to the provisions of section 32-13-107 (3) (b);
(III) A uniform sales and use tax throughout said geographical area at a rate of thirteen one-thousandths of one percent upon every transaction or other incident with respect to which a sales and use tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S., except such sales and use tax shall be levied on purchases of machinery or machine tools which are otherwise exempt pursuant to section 39-26-114 (11), C.R.S., to the extent such purchases are subject to a sales and use tax levied by the regional transportation district pursuant to section 29-2-105 (1) (d), C.R.S. to For as long as such sales and use tax is levied, it shall also be levied upon all sales and purchases of tangible personal property used for research and development that are otherwise exempt pursuant to section 39-26-114 (24), C.R.S., unless the district adopts a resolution that exempts such property from the sales tax. The revenues generated by the sales and use tax shall be distributed to scientific and cultural facilities pursuant to the provisions of section 32-13-107 (3) (c).".
Renumber succeeding sections accordingly.
Page 11, line 4, strike "C.R.S." and substitute "C.R.S., unless the district adopts a resolution that exempts such property from the sales tax.";
line 18, strike "C.R.S." and substitute "C.R.S., unless the district adopts a resolution that exempts such property from the sales tax.".
Page 12, line 8, strike "C.R.S." and substitute "C.R.S., unless the district adopts a resolution that exempts such property from the sales tax.".
HB00-1103 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 1, line 2, strike "(1.5), Colorado Revised Statutes, is" and substitute "(1.5) and (2), Colorado Revised Statutes, are".
Page 2, line 4, strike "one-half" and substitute "sixty-five one-hundredths";
after line 6, insert the following:
"(2) Prior to the application of the rate of tax prescribed in subsection (1) subsection (1), (1.5), or (1.7) of this section, the federal taxable income shall be modified as provided in subsections (3) and (4) of this section.
SECTION 2. The introductory portion to 39-22-105 (1) and 39-22-105 (3) and (4), Colorado Revised Statutes, are amended, and the said 39-22-105 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
39-22-105. Alternative minimum tax. (1) With respect to each taxable year commencing on or after January 1, 1987, but prior to January 1, 2000, for every individual, estate, and trust, in addition to the tax imposed in section 39-22-104, a tax is imposed in an amount equal to the excess of:
(1.5) With respect to each taxable year commencing on or after January 1, 2000, for every individual, estate, and trust, in addition to the tax imposed in section 39-22-104, a tax is imposed in an amount equal to the excess of:
(a) Three and thirty-eight one-hundredths percent of the Colorado alternative minimum taxable income, as determined pursuant to subsection (2) of this section; over
(b) The tax imposed in section 39-22-104.
(3) (a) For taxable years beginning on or after January 1, 1988, but prior to January 1, 2000, each individual, estate, and trust shall be allowed a credit against the tax imposed by this part 1 in an amount equal to eighteen percent of the credit allowed for the same tax year by section 53 of the internal revenue code.
(b) For taxable years beginning on or after January 1, 2000, each individual, estate, and trust shall be allowed a credit against the tax imposed by this part 1 in an amount equal to twelve percent of the credit allowed for the same tax year by section 53 of the internal revenue code.
(4) In the case of a nonresident taxpayer, the tax imposed by subsection (1) subsections (1) and (1.5) of this section and the credit allowed by subsection (2) subsection (3) of this section shall be apportioned in the ratio of the modified federal alternative minimum taxable income from Colorado sources over the total modified federal alternative minimum taxable income.".
Renumber succeeding sections accordingly.
Page 2, line 20, strike "one-half" and substitute "sixty-five one-hundredths".
Page 3, line 7, strike "one-half" and substitute "sixty-five one-hundredths";
after line 7, insert the following:
"SECTION 5. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of revenue, for allocation to the division of cash and document processing, for the fiscal year beginning July 1, 2000, the sum of seventy-one thousand two hundred fifty-four dollars ($71,254), or so much thereof as may be necessary, for the implementation of this act.".
Renumber succeeding section accordingly.
Page 1, line 101, strike "rate." and substitute "rate, and making an appropriation in connection therewith.".
HB00-1104 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 2, strike "a health" and substitute "an individual health";
strike line 5 and substitute the following:
"resident individual's income under this article if:
(I) The resident individual or the resident individual's spouse or dependents were not covered by an individual health benefit plan or an employee or group health benefit plan during any portion of the income tax year immediately preceding the income tax year for which the credit is being claimed; or
(II) The resident individual was allowed or was eligible to claim the credit allowed pursuant to this subsection (1) for the income tax year immediately preceding the income tax year for which the credit is being claimed.
(b) Except as otherwise provided in subsection (3) of this section, the credit shall".
Reletter succeeding paragraph accordingly.
Page 2, line 9, strike "one thousand" and substitute "five hundred";
strike lines 14 and 15 and substitute the following:
"(21), C.R.S., that is acquired individually by a taxpayer.";
line 24, after "by", insert "a taxpayer or" and before the second "for", insert "during any given taxable year";
line 25, strike "a" and substitute "an employee or group";
line 26, strike "during any given taxable year." and substitute "that is provided through the taxpayer's employer.".
Page 3, strike lines 1 through 6 and substitute the following:
"(3) The credit allowed pursuant to paragraph (a) of subsection (1) of this section shall not exceed the amount of income taxes due on the taxpayer's income for the income tax year for which the credit is claimed and the amount of the credit not used to offset income taxes shall not be carried forward as a credit against the taxpayer's subsequent years' income tax liability and shall not be refunded to the taxpayer.".
HB00-1135 be postponed indefinitely.
HB00-1140 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 4, strike "price" and substitute "price, including trade-in value or financial credit from a trade-in,".
Page 4, after line 19, insert the following:
"SECTION 3. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 2000, the sum of seven thousand seven hundred dollars ($7,700), or so much thereof as may be necessary, for the implementation of this act.
(2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of education, public school finance, total program, for the fiscal year beginning July 1, 2000, the sum of one hundred forty-seven thousand seven hundred sixty-seven dollars ($147,767), or so much thereof as may be necessary, for the implementation of this act.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "taxes." and substitute "taxes, and making an appropriation in connection therewith.".
HB00-1162 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 16, strike "Aircraft designed";
strike lines 17 through 19.
Page 4, strike lines 10 through 15.
Page 5, line 13, strike "a farm building or";
line 20, strike "a farm building or".
Page 6, line 17, strike "a farm";
line 18, strike "building or".
Page 10, line 1, strike "a farm";
line 2, strike "building or".
Page 11, line 4, strike "a farm";
line 5, strike "building or".
Page 12, line 7, strike "a farm";
line 8, strike "building or".
Page 13, line 15, strike "a farm";
line 16, strike "building or".
Page 14, line 12, strike "a farm";
line 13, strike "building or".
Page 15, line 7, strike "a farm";
line 8, strike "building or".
Page 16, line 4, strike "a farm building or";
line 24, strike "a farm building or".
Page 17, line 20, strike "a farm building or".
Page 18, line 17, strike "a farm building or".
HB00-1163 be referred favorably to the Committee on Appropriations.
HB00-1177 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 8, strike "school" and substitute "school, educational foundation,".
Page 3, line 14, strike "school" and substitute "school, educational foundation,";
line 16, strike "school" and substitute "school, educational foundation,";
line 18, after "the", insert "executive director of the";
line 19, strike "rule." and substitute "rules promulgated in accordance with article 4 of title 24, C.R.S.";
after line 26, insert the following:
"(b) "Educational foundation" means a private nonprofit foundation or nonprofit corporation that is exempt from federal income taxes pursuant to section 501 (c) (3) of the internal revenue code and that distributes moneys to any school located within Colorado.".
Reletter succeeding paragraphs accordingly.
HB00-1187 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. 39-26-114, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
39-26-114. Exemptions - disputes - credits or refunds - definitions - creation of fund - repeal. (18.5) On and after October 1, 2000, the following sales and leases shall be exempt from taxation under this part 1:
(a) All isolated or occasional sales of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of selling the same or substantially similar tangible personal property, if such sales are not otherwise exempt from taxation pursuant to subsection (18) of this section; and
(b) All isolated or occasional leases of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of leasing the same or substantially similar tangible personal property.
SECTION 2. 39-26-203 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
39-26-203. Exemptions - definitions. (nn) To the storage, use or consumption of tangible personal property that is exempt from state sales tax pursuant to section 39-26-114 (18.5).
SECTION 3. 29-2-105 (1) (d), Colorado Revised Statutes, is amended to read:
29-2-105. Contents of sales tax ordinances and proposals. (1) The sales tax ordinance or proposal of any incorporated town, city, or county adopted pursuant to this article shall be imposed on the sale of tangible personal property at retail or the furnishing of services, as provided in paragraph (d) of this subsection (1). Any countywide or incorporated town or city sales tax ordinance or proposal shall include the following provisions:
(d) A provision that the tangible personal property and services taxable pursuant to this article shall be the same as the tangible personal property and services taxable pursuant to section 39-26-104, C.R.S., except as otherwise provided in this paragraph (d). The tangible personal property and services taxable pursuant to this article are subject to the same exemptions as those specified in section 39-26-114, C.R.S., except the exemption allowed by section 39-26-114 (11), C.R.S., for purchases of machinery or machine tools, the exemption of sales and purchases of those items in section 39-26-114 (1) (a) (XXI), C.R.S., the exemption for sales of food specified in section 39-26-114 (1) (a) (XX), C.R.S., the exemption for vending machine sales of food set forth in section 39-26-114 (7.5), C.R.S., the exemption for occasional sales by a charitable organization set forth in section 39-26-114 (18), C.R.S., the exemption for sales and purchases of farm equipment and farm equipment under lease or contract specified in section 39-26-114 (20), C.R.S., and the exemption for sales of low-emitting motor vehicles, power sources, or parts used for converting such power sources as specified in section 39-26-114 (22), C.R.S. Sales of food, as defined in section 39-26-102 (4.5), C.R.S., exempted from the state sales tax pursuant to section 39-26-114 (1) (a) (XX), C.R.S., vending machine sales of food as described in section 39-26-114 (7.5), C.R.S., sales and purchases of those items exempted from the state sales tax pursuant to section 39-26-114 (1) (a) (XXI), C.R.S., purchases of machinery or machine tools as provided in section 39-26-114 (11), C.R.S., occasional sales by a charitable organization as provided in section 39-26-114 (18), C.R.S., sales and purchases of farm equipment or farm equipment under lease or contract exempted from the state sales tax pursuant to section 39-26-114 (20), C.R.S., or sales of low-emitting motor vehicles, power sources, or parts used for converting such power sources as specified in section 39-26-114 (22), C.R.S., may be exempted from said town, city, or county sales tax only by the express inclusion of such exemption either at the time of adoption of the initial sales tax ordinance or resolution or by amendment thereto. Any such amendment shall be adopted in the same manner as the initial ordinance or resolution. In the absence of an express provision for the exemption for sales of food, as defined in section 39-26-102 (4.5), C.R.S., or for the exemption of vending machine sales of food as provided in section 39-26-114 (7.5), C.R.S., or for the exemption of purchases of machinery or machine tools as provided in section 39-26-114 (11), C.R.S., or for the exemption of sales and purchases of those items in section 39-26-114 (1) (a) (XXI), C.R.S., or for the exemption of occasional sales by a charitable organization as provided in section 39-26-114 (18), C.R.S., or exemption of sales and purchases of farm equipment or farm equipment under lease or contract as provided in section 39-26-114 (20), C.R.S., or exemption of sales of low-emitting motor vehicles, power sources, or parts used for converting such power sources as specified in section 39-26-114 (22), C.R.S., all sales tax ordinances or resolutions, whether adopted prior to, on, or subsequent to July 1, 1979, which provide in substance that the tangible personal property and services taxed shall be the same as the tangible personal property and services taxable pursuant to section 39-26-104, C.R.S., or any predecessor statute, except as otherwise provided in this paragraph (d), and subject to the same exemptions as those specified in section 39-26-114, C.R.S., or any predecessor statute, shall be construed as imposing or continuing to impose the town, city, or county sales tax on food, as defined in section 39-26-102 (4.5), C.R.S., vending machine sales of food as described in section 39-26-114 (7.5), C.R.S., purchases of machinery and machine tools as described in section 39-26-114 (11), C.R.S., sales or purchases of those items described in section 39-26-114 (1) (a) (XXI), C.R.S., occasional sales by a charitable organization as described in section 39-26-114 (18), C.R.S., sales and purchases of farm equipment and farm equipment under lease or contract as described in section 39-26-114 (20), C.R.S., and sales of low-emitting motor vehicles, power sources, or parts used for converting such power sources as specified in section 39-26-114 (22), C.R.S. Any incorporated town, city, or county that adopts or has adopted a sales tax ordinance or resolution pursuant to this article shall levy a sales tax on pesticides that are registered by the commissioner of agriculture for use in the production of agricultural and livestock products pursuant to the provisions of the "Pesticide Act", article 9 of title 35, C.R.S., and offered for sale by dealers licensed to sell such pesticides pursuant to section 35-9-115, C.R.S., notwithstanding the removal of such pesticides from the state sales tax base pursuant to House Bill 99-1381, enacted at the first regular session of the sixty-second general assembly, unless exempted by local ordinance or resolution. Any incorporated town, city, or county that adopts or has adopted a sales tax ordinance or resolution pursuant to this article shall levy a sales tax upon all isolated or occasional sales of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of selling the same or substantially similar tangible personal property and all occasional leases of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of leasing the same or substantially similar tangible personal property, notwithstanding the removal of such isolated or occasional sales and leases from the state sales tax base pursuant to House Bill 00-1187, enacted at the second regular session of the sixty-second general assembly, unless exempted by local ordinance or resolution. The regional transportation district may, in its discretion, continue to levy a sales tax on vending machine sales of food as described in section 39-26-114 (7.5), C.R.S., and on purchases of machinery or machine tools, as provided in section 39-26-114 (11), C.R.S.
SECTION 4. 29-2-106 (4) (a), Colorado Revised Statutes, is amended to read:
29-2-106. Collection - administration - enforcement. (4) (a) The executive director of the department of revenue shall, at no charge, administer, collect, and distribute the sales tax of any home rule municipality, upon request of the governing body of such municipality, if the provisions of the sales tax ordinance of said municipality, other than those provisions relating to local procedures followed in adopting the ordinance and whether or not the ordinance applies the sales tax to the sale of food, as defined in section 39-26-102 (4.5), C.R.S., or purchases of machinery or machine tools as provided in section 39-26-114 (11), C.R.S., or sales or purchases of electricity, coal, wood, gas, fuel oil, or coke as provided in section 39-26-114 (1) (a) (XXI), C.R.S., or vending machine sales of food as described in section 39-26-114 (7.5), C.R.S., or sales or purchases of farm equipment or farm equipment under lease or contract as provided in section 39-26-114 (20), C.R.S., or sales of low-emitting motor vehicles, power sources, or parts used for converting such power sources as specified in section 39-26-114 (22), C.R.S., or to pesticides that are registered by the commissioner of agriculture for use in the production of agricultural and livestock products pursuant to the provisions of the "Pesticide Act", article 9 of title 35, C.R.S., and offered for sale by dealers licensed to sell such pesticides pursuant to section 35-9-115, C.R.S., or isolated or occasional sales of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of selling the same or substantially similar tangible personal property and all isolated or occasional leases of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of leasing the same or substantially similar tangible personal property, notwithstanding the removal of such isolated or occasional sales and leases from the state sales tax base pursuant to House Bill 00-1187, enacted at the second regular session of the sixty-second general assembly, as provided in section 29-2-105 (1) (d), correspond to the requirements of this article for sales taxes imposed by counties, towns, and cities and if no use tax is to be collected by the department except as provided in section 39-26-208, C.R.S. At the time of making such request, said governing body shall certify to the executive director of the department of revenue a true copy of said sales tax ordinance.
SECTION 5. 30-20-604.5 (1), Colorado Revised Statutes, is amended to read:
30-20-604.5. District sales tax. (1) The board of any county having a population greater than one hundred thousand, for the purpose of funding all or a portion of the cost of any improvements constructed pursuant to section 30-20-603 (1) (a) and (1) (c), may levy a sales tax throughout the district upon every transaction or other incident with respect to which a sales tax is authorized pursuant to section 29-2-105, C.R.S.; except that such tax may be levied only upon those transactions specified in section 39-26-104 (1) (a), (1) (b), (1) (e), and (1) (f), C.R.S. The board may, in its discretion, levy or continue to levy a sales tax on:
(a) The sales of low-emitting motor vehicles, power sources, or parts used for converting such power sources as specified in section 39-26-114 (22), C.R.S.; and
(b) All isolated or occasional sales of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of selling the same or substantially similar tangible personal property and all isolated or occasional leases of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of leasing the same or substantially similar tangible personal property, notwithstanding the removal of such isolated or occasional sales and leases from the state sales tax base pursuant to House Bill 00-1187, enacted at the second regular session of the sixty-second general assembly.
SECTION 6. 32-9-119 (2) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
32-9-119. Additional powers of district. (2) (a) To provide revenue to finance the operations of the district, to defray the cost of construction of capital improvements and acquisition of capital equipment, and to pay the interest and principal on securities of the district, the board, for and on behalf of the district after approval by election held pursuant to articles 1 to 13 of title 1, C.R.S., shall have the power to levy uniformly throughout the district a sales tax at the rate of six-tenths of one percent upon every transaction or other incident with respect to which a sales tax is now levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S.; except that:
(III) The board shall continue to levy a sales tax upon all isolated or occasional sales of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of selling the same or substantially similar tangible personal property and all isolated or occasional leases of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of leasing the same or substantially similar tangible personal property, notwithstanding the removal of such isolated or occasional sales and leases from the state sales tax base pursuant to House Bill 00-1187, enacted at the second regular session of the sixty-second general assembly, unless the district adopts a resolution that exempts such isolated or occasional sales and leases from the sales tax.
SECTION 7. 32-13-105 (4) (a), Colorado Revised Statutes, is amended to read:
32-13-105. Authorizing elections - repeal. (4) (a) For purposes of complying with the provisions of section 20 (4) of article X of the state constitution and upon proper submittal of a valid initiative petition to or upon the adoption of a resolution by the board of the district created in section 32-13-104, the district may submit to the registered electors within the geographical boundaries of the district, at a general election or an election held on the first Tuesday in November of an odd-numbered year, the question of whether the district shall be authorized to levy and collect the following sales and use taxes in lieu of the sales and use taxes specified in subsection (1) of this section for a period of time not to exceed ten years from the date upon which the authority of the district to levy and collect the sales and use taxes specified in subsection (1) of this section is scheduled to expire:
(I) A uniform sales and use tax throughout said geographical area at a rate of fifty-nine one-thousandths of one percent upon every transaction or other incident with respect to which a sales and use tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S., except such sales and use tax shall be levied on purchases of machinery or machine tools which are otherwise exempt pursuant to section 39-26-114 (11), C.R.S., to the extent such purchases are subject to a sales and use tax levied by the regional transportation district pursuant to section 29-2-105 (1) (d), C.R.S. to For as long as such sales and use tax is levied, it shall be levied upon all isolated or occasional sales of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of selling the same or substantially similar tangible personal property and all isolated or occasional leases of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of leasing the same or substantially similar tangible personal property, notwithstanding the removal of such isolated or occasional sales and leases from the state sales tax base pursuant to House Bill 00-1187, enacted at the second regular session of the sixty-second general assembly, unless the district adopts a resolution that exempts such isolated or occasional sales and leases from the sales and use tax. The revenues generated by the sales and use tax shall be distributed to the Denver museum of natural history, the Denver zoological gardens, the Denver art museum, and the Denver botanical gardens pursuant to the provisions of section 32-13-107 (3) (a);
(II) A uniform sales and use tax throughout said geographical area at a rate of twenty-eight one-thousandths of one percent upon every transaction or other incident with respect to which a sales and use tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S., except such sales and use tax shall be levied on purchases of machinery or machine tools which are otherwise exempt pursuant to section 39-26-114 (11), C.R.S., to the extent such purchases are subject to a sales and use tax levied by the regional transportation district pursuant to section 29-2-105 (1) (d), C.R.S. to For as long as such sales and use tax is levied, it shall be levied upon all isolated or occasional sales of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of selling the same or substantially similar tangible personal property and all isolated or occasional leases of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of leasing the same or substantially similar tangible personal property, notwithstanding the removal of such isolated or occasional sales and leases from the state sales tax base pursuant to House Bill 00-1187, enacted at the second regular session of the sixty-second general assembly, unless the district adopts a resolution that exempts such isolated or occasional sales and leases from the sales and use tax. The revenues generated by the sales and use tax shall be distributed to scientific and cultural facilities pursuant to the provisions of section 32-13-107 (3) (b);
(III) A uniform sales and use tax throughout said geographical area at a rate of thirteen one-thousandths of one percent upon every transaction or other incident with respect to which a sales and use tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S., except such sales and use tax shall be levied on purchases of machinery or machine tools which are otherwise exempt pursuant to section 39-26-114 (11), C.R.S., to the extent such purchases are subject to a sales and use tax levied by the regional transportation district pursuant to section 29-2-105 (1) (d), C.R.S. to For as long as such sales and use tax is levied, it shall be levied upon all isolated or occasional sales of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of selling the same or substantially similar tangible personal property and all isolated or occasional leases of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of leasing the same or substantially similar tangible personal property, notwithstanding the removal of such isolated or occasional sales and leases from the state sales tax base pursuant to House Bill 00-1187, enacted at the second regular session of the sixty-second general assembly, unless the district adopts a resolution that exempts such isolated or occasional sales and leases from the sales and use tax. The revenues generated by the sales and use tax shall be distributed to scientific and cultural facilities pursuant to the provisions of section 32-13-107 (3) (c).
SECTION 8. 32-13-107 (1) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
32-13-107. Sales and use tax imposed - collection - administration of tax - use. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), upon the approval of the registered electors pursuant to the provisions of section 32-13-105, the board shall have the power to levy such uniform sales and use taxes throughout the district created in section 32-13-104 upon every transaction or other incident with respect to which a sales and use tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S.; except that such sales and use tax shall be levied on:
(IV) All isolated or occasional sales of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of selling the same or substantially similar tangible personal property and all isolated or occasional leases of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of leasing the same or substantially similar tangible personal property, notwithstanding the removal of such isolated or occasional sales and leases from the state sales tax base pursuant to House Bill 00-1187, enacted at the second regular session of the sixty-second general assembly, unless the district adopts a resolution that exempts such isolated or occasional sales and leases from the sales tax.
SECTION 9. 32-14-114 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
32-14-114. Sales tax imposed - collection - administration of tax - discontinuance. (1) Upon the approval of the registered electors pursuant to the provisions of section 32-14-105 and upon the granting of a major league baseball franchise by major league baseball to be located in the district, the board shall have the power to levy such uniform sales tax for a period not to exceed twenty years throughout the district created in section 32-14-104 upon every transaction or other incident with respect to which a sales tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S.; except that such sales tax shall be levied on:
(d) All isolated or occasional sales of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of selling the same or substantially similar tangible personal property and all isolated or occasional leases of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of leasing the same or substantially similar tangible personal property, notwithstanding the removal of such isolated or occasional sales and leases from the state sales tax base pursuant to House Bill 00-1187, enacted at the second regular session of the sixty-second general assembly, unless the district adopts a resolution that exempts such isolated or occasional sales and leases from the sales tax.
SECTION 10. 32-15-110 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
32-15-110. Sales tax imposed - collection - administration of tax - discontinuance. (1) Upon the approval of the registered electors pursuant to the provisions of section 32-15-107, the board shall have the power to levy such uniform sales tax upon the adoption of a resolution for a period commencing after the termination of the sales tax levied and collected by the Denver metropolitan major league baseball stadium district pursuant to section 32-14-105 and continuing for a period not to extend beyond January 1, 2012, throughout the district created in section 32-15-104 upon every transaction or other incident with respect to which a sales tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S.; except that such sales tax shall be levied on:
(d) All isolated or occasional sales of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of selling the same or substantially similar tangible personal property and all isolated or occasional leases of tangible personal property other than motor vehicles, aircraft, and watercraft that are made by persons who are neither regularly engaged in nor holding themselves out as engaged in the business of leasing the same or substantially similar tangible personal property, notwithstanding the removal of such isolated or occasional sales and leases from the state sales tax base pursuant to House Bill 00-1187, enacted at the second regular session of the sixty-second general assembly, unless the district adopts a resolution that exempts such isolated or occasional sales and leases from the sales tax.
SECTION 11. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".
HB00-1193 be postponed indefinitely.
HB00-1203 be postponed indefinitely.
HB00-1209 be referred favorably to the Committee on Appropriations.
HB00-1227 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 4, strike "fifty" and substitute "twenty-five";
line 20, strike "fifty" and substitute "twenty-five".
Page 3, line 22, strike "fifty" and substitute "twenty-five";
line 25, strike "fifty" and substitute "twenty-five".
Page 15, line 1, strike "fifty" and substitute "twenty-five".
Page 17, line 10, strike "fifty" and substitute "twenty-five".
Page 20, after line 13, insert the following:
"SECTION 6. Appropriation. In addition to any other appropriation, there is hereby appropriated, to the department of revenue, for the fiscal year beginning July 1, 2000, the sum of sixty-five thousand two hundred seventeen dollars ($65,217), or so much therefore as may be necessary, for the implementation of this act. Of said sum, five hundred thirty-seven dollars ($537) shall be from the general fund, and sixty-four thousand six hundred eighty dollars ($64,680) shall be from the distributive data processing cash fund.".
Renumber succeeding section accordingly.
Page 1, line 101, strike "registrations." and substitute "registrations, and making an appropriation in connection therewith.".
HB00-1257 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 3, line 5, after "C.R.S.,", insert "solid waste, as defined in section 30-20-101 (6), C.R.S.,";
after line 21, insert the following:
"(VI) For the purposes of preventing noise in excess of the limits specified in section 25-12-103, C.R.S., or pursuant to the requirement of a state or local government agency.".
Page 5, line 6, after "C.R.S.,", insert "solid waste, as defined in section 30-20-101 (6), C.R.S.,";
after line 20, insert the following:
"(F) For the purposes of preventing noise in excess of the limits specified in section 25-12-103, C.R.S., or pursuant to the requirement of a state or local government agency.".
Page 6, strike lines 24 and 25 and substitute the following:
"limited to, gas or wind turbines and associated compressors or equipment or solar, thermal, or photovoltaic equipment.".
HB00-1259 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 1, after line 1, insert the following:
"SECTION 1. 29-2-108, Colorado Revised Statutes, is amended to read:
29-2-108. Limitation on amount. (1) In no case shall the total sales tax or total use tax imposed by the state of Colorado, any county, and any city or town in any locality in the state of Colorado exceed seven six and six-tenths percent; except that this limitation shall not preclude a county sales tax or use tax at a rate not to exceed one percent.
(2) Repealed.
(3) The additional two-tenths of one percent tax imposed by article 26.1 of title 39, C.R.S., any tax imposed pursuant to sections 30-11-107.5 and 30-11-107.7, C.R.S., and the additional tax authorized by section 30-20-604.5, C.R.S., if imposed, shall be exempt from the seven six and six-tenths percent limitation imposed by subsection (1) of this section.
(4) Any additional increment of sales tax or total use tax which may be imposed by any county pursuant to the provisions of section 29-2-103.5 shall be exempt from the seven six and six-tenths percent limitation imposed by subsection (1) of this section.
(5) Any additional increment of sales tax or use tax imposed by any category IV or category V county, as defined in section 30-2-102, C.R.S., for the specific purpose of funding the operations of any health service district created within such county pursuant to the "Special District Act", article 1 of title 32, C.R.S., shall be exempt from the seven six and six-tenths percent limitation imposed by subsection (1) of this section. In no case shall such additional increment of sales tax or use tax exceed a rate of one percent. Any tax imposed pursuant to this subsection (5) may be terminated by the board of county commissioners of any such county after notice to the health service district and a public hearing thereon. If any such tax is terminated, the effective date of such termination shall be not less than six months after the decision thereon by the board of county commissioners.".
Renumber succeeding sections accordingly.
Page 2, line 5, strike "six-tenths" and substitute "eighty-five one-hundredths";
line 20, strike "six-tenths" and substitute "eighty-five one-hundredths".
Page 3, after line 5, insert the following:
"SECTION 5. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of moneys in the general fund not otherwise appropriated, to the department of revenue, for allocation to the division of cash and document processing, for the fiscal year beginning July 1, 2000, the sum of one hundred twenty-four thousand five hundred thirty-eight dollars ($124,538) and 0.6 FTE, or so much thereof as may be necessary, for the implementation of this act.".
Page 1, line 101, strike "rate." and substitute "rate, and making an appropriation in connection therewith.".
HB00-1274 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 3, strike lines 2 through 20.
Renumber succeeding subparagraph accordingly.
HB00-1275 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, strike lines 6 through 26 and substitute the following:
"(IX) Any sale of a new or used trailer, semitrailer, truck, truck tractor, or truck body manufactured within this state if such vehicle is purchased from the manufacturer for use exclusively outside this state or in interstate commerce and is delivered by the manufacturer to the purchaser within this state if the purchaser drives or moves such vehicle to any point outside this state within thirty days after the date of delivery, and if the purchaser furnishes an affidavit to the manufacturer that such vehicle will be permanently licensed and registered outside this state and will be removed from this state within thirty days after the date of delivery; Any sale of a new or used commercial truck, truck tractor, tractor, semitrailer, or vehicle used in combination therewith that has a gross vehicle weight rating in excess of twenty-six thousand pounds if the commercial truck, truck tractor, tractor, semitrailer, or vehicle used in combination therewith is purchased for use in interstate commerce and if the purchaser has registered, or furnishes an affidavit to the seller that the purchaser promptly will register, the commercial truck, truck tractor, tractor, semitrailer, or vehicle used in combination therewith under the international registration plan or any successor agreement thereto that provides for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes.".
Page 3, strike lines 1 through 21 and substitute the following:
"(X) Any sale of a new or used trailer, semitrailer, truck, truck tractor, or truck body if such vehicle is purchased for use exclusively outside this state or in interstate commerce and is delivered by the manufacturer or licensed Colorado dealer to the purchaser within this state if the purchaser drives or moves such vehicle to any point outside this state within thirty days after the date of delivery, and if the purchaser furnishes an affidavit to the seller that such vehicle will be permanently licensed and registered outside this state and will be removed from this state within thirty days after the date of delivery;".
Strike page 4 and substitute the following:
"(p) To the storage or use of a new or used trailer, semitrailer, truck, truck tractor, or truck body manufactured within this state if such vehicle is purchased from the manufacturer for use exclusively outside this state or in interstate commerce and is delivered by the manufacturer to the purchaser within this state if the purchaser drives or moves such vehicle to any point outside this state within thirty days after the date of delivery, and if the purchaser furnishes an affidavit to the manufacturer that such vehicle will be permanently licensed and registered outside this state and will be removed from this state within thirty days after the date of delivery; Any sale of a new or used commercial truck, truck tractor, tractor, semitrailer, or vehicle used in combination therewith that has a gross vehicle weight rating in excess of twenty-six thousand pounds if the commercial truck, truck tractor, tractor, semitrailer, or vehicle used in combination therewith is purchased for use in interstate commerce and if the purchaser has registered, or furnishes an affidavit to the seller that the purchaser promptly will register, the commercial truck, truck tractor, tractor, semitrailer, or vehicle used in combination therewith under the international registration plan or any successor agreement thereto that provides for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes.";
Page 5, strike lines 1 through 16 and substitute the following:
"(q) To the storage or use of a new or used trailer, semitrailer, truck, truck tractor, or truck body if such vehicle is purchased for use exclusively outside this state or in interstate commerce and is delivered by the manufacturer or licensed Colorado dealer to the purchaser within this state if the purchaser drives or moves such vehicle to any point outside this state within thirty days after the date of delivery, and if the purchaser furnishes an affidavit to the seller that such vehicle will be permanently licensed and registered outside this state and will be removed from this state within thirty days after the date of delivery;".
Page 8, line 23, strike "trailers, semitrailers,";
strike lines 24 through 26.
Page 9, strike lines 1 and 2 and substitute the following:
"commercial trucks, truck tractors, tractors, semitrailers, or vehicles used in combination therewith that have a gross vehicle weight rating in excess of twenty-six thousand pounds, are purchased for use in interstate commerce, and are registered, or will promptly will be registered, under the international registration plan or any successor agreement thereto that provides for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes,";
line 4, strike "00-____," and substitute "00-1275,".
Page 10, line 7, strike "trailers, semitrailers,";
strike lines 8 through 12 and substitute the following:
"commercial trucks, truck tractors, tractors, semitrailers, or vehicles used in combination therewith that have a gross vehicle weight rating in excess of twenty-six thousand pounds, are purchased for use in interstate commerce, and are registered, or will promptly will be registered, under the international registration plan or any successor agreement thereto that provides for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes, as described in section";
line 13, strike "(IX) and 1 (a) (X)," and substitute "(IX),".
Page 11, line 8, strike "trailers, semitrailers, trucks,";
strike lines 9 through 13 and substitute the following:
"commercial trucks, truck tractors, tractors, semitrailers, or vehicles used in combination therewith that have a gross vehicle weight rating in excess of twenty-six thousand pounds, are purchased for use in interstate commerce, and are registered, or will promptly will be registered, under the international registration plan or any successor agreement thereto that provides for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes, notwithstanding the removal of";
line 15, strike "00-____," and substitute "00-1275,".
Page 12, line 4, strike "trailers, semitrailers, trucks, truck";
strike lines 5 through 9 and substitute the following:
"commercial trucks, truck tractors, tractors, semitrailers, or vehicles used in combination therewith that have a gross vehicle weight rating in excess of twenty-six thousand pounds, are purchased for use in interstate commerce, and are registered, or will promptly will be registered, under the international registration plan or any successor agreement thereto that provides for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes, notwithstanding the removal of";
line 11, strike "00-____," and substitute "00-1275,".
Page 13, strike lines 13 through 17;
line 18, strike "body," and substitute "or used commercial trucks, truck tractors, tractors, semitrailers, or vehicles used in combination therewith that have a gross vehicle weight rating in excess of twenty-six thousand pounds, are purchased for use in interstate commerce, and are registered, or will promptly will be registered, under the international registration plan or any successor agreement thereto that provides for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes,";
line 19, strike "00-____," and substitute "00-1275,".
Page 14, strike lines 11 through 15;
line 16, strike "body," and substitute "or used commercial trucks, truck tractors, tractors, semitrailers, or vehicles used in combination therewith that have a gross vehicle weight rating in excess of twenty-six thousand pounds, are purchased for use in interstate commerce, and are registered, or will promptly will be registered, under the international registration plan or any successor agreement thereto that provides for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes,";
line 17, strike "00-____," and substitute "00-1275,".
Page 15, line 6, strike "trailers,";
strike lines 7 through 11 and substitute the following:
"commercial trucks, truck tractors, tractors, semitrailers, or vehicles used in combination therewith that have a gross vehicle weight rating in excess of twenty-six thousand pounds, are purchased for use in interstate commerce, and are registered, or will promptly will be registered, under the international registration plan or any successor agreement thereto that provides for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes,";
line 13, strike "00-____," and substitute "00-1275,".
Page 16, line 4, strike "trailers, semitrailers,";
strike lines 5 through 9 and substitute the following:
"commercial trucks, truck tractors, tractors, semitrailers, or vehicles used in combination therewith that have a gross vehicle weight rating in excess of twenty-six thousand pounds, are purchased for use in interstate commerce, and are registered, or will promptly will be registered, under the international registration plan or any successor agreement thereto that provides for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes,";
line 11, strike "00-____," and substitute "00-1275,";
line 26, strike "trailers, semitrailers, trucks,".
Page 17, strike lines 1 through 5 and substitute the following:
"commercial trucks, truck tractors, tractors, semitrailers, or vehicles used in combination therewith that have a gross vehicle weight rating in excess of twenty-six thousand pounds, are purchased for use in interstate commerce, and are registered, or will promptly will be registered, under the international registration plan or any successor agreement thereto that provides for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes, notwithstanding the removal of";
line 7, strike "00-____," and substitute "00-1275,";
line 23, strike "trailers, semitrailers, trucks,";
strike lines 24 through 26.
Page 18, strike lines 1 and 2 and substitute the following:
"commercial trucks, truck tractors, tractors, semitrailers, or vehicles used in combination therewith that have a gross vehicle weight rating in excess of twenty-six thousand pounds, are purchased for use in interstate commerce, and are registered, or will promptly will be registered, under the international registration plan or any successor agreement thereto that provides for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes, notwithstanding the removal of";
line 4, strike "00-____," and substitute "00-1275,".
HB00-1279 be postponed indefinitely.
HB00-1302 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 3, line 20, strike "commencing on or after" and substitute "during the credit period, there shall be";
strike line 21;
line 25, strike "The" and substitute "For each of the calendar years 2001 and 2002, the".
Page 5, line 9, strike "during the credit";
strike line 10;
line 11, strike "and";
strike lines 12 through 17 and substitute the following:
"(6) During each calendar year of the two-year period beginning January 1, 2001, and ending December 31, 2002, the authority may allocate a credit, the full amount of which may be claimed against the taxes imposed by this article for each taxable year of the four-year credit period. The aggregate amount of all credits allocated by the authority in each calendar year of the two-year period beginning January 1, 2001, and ending December 31, 2002, shall not exceed the amount of:
(a) Five million dollars for credits allocated pursuant to subsection (1) of this section and section 39-22-2105 combined;".
HB00-1306 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 4, after line 23, insert the following:
"SECTION 4. Appropriation. In addition to any other appropriation, there is hereby appropriated out of the hazardous substance response fund, to the department of public health and environment, for the fiscal year beginning July 1, 2000, the sum of two hundred fifty thousand dollars ($250,000), or so much thereof as may be necessary, for the implementation of this act. In addition to said appropriation, the general assembly anticipates that, for the fiscal year beginning July 1, 2000, the department of public health and environment will receive the sum of nine hundred seventy-five thousand dollars ($975,000) in federal funds for the implementation of this act. Although the federal funds are not appropriated in this act, they are noted for the purpose of indicating the assumptions used relative to these funds in developing the state appropriation amounts.".
Renumber succeeding section accordingly.
Page 1, line 101, strike "land." and substitute "land, and making an appropriation in connection therewith.".
HB00-1310 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 2, line 9, strike "The" and substitute "As of the most recent computation date, the";
line 10, strike "to date";
line 17, strike "next" and substitute "immediately";
line 22, strike "taxable" and substitute "insured" and strike "that";
strike line 23 and substitute "immediately preceding the computation date.";
strike lines 24 through 26 and substitute the following:
"SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".
Strike page 3.
HB00-1338 be postponed indefinitely.
HB00-1340 be postponed indefinitely.
HB00-1348 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 3, strike lines 20 through 22 and substitute the following:
"(III) If any refund is claimed pursuant to subparagraph (I) of this paragraph (b), then the aggregate amount of the refund and amount of the credit used as an offset against income taxes for that income tax year shall not exceed twenty thousand dollars for that income tax year. Nothing in this subparagraph (III) shall limit a taxpayer's ability to claim a credit against taxes due in excess of twenty thousand dollars in accordance with subsection (4) of this section.".
HB00-1351 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 3, line 24, after "(5)", insert "(a)".
Page 4, line 4, strike "(a)" and substitute "(I)";
line 9, strike "paragraph (b) or (c)" and substitute "subparagraph (I)";
line 10, strike "subsection (5)." and substitute "paragraph (a).";
line 11, strike "(b)" and substitute "(II)";
line 16, strike "five" and substitute "twelve";
strike lines 19 through 26.
Page 5, strike lines 1 through 6 and substitute the following:
"(b) A resident individual whose federal adjusted gross income is one hundred thousand one dollars or more shall not be allowed a credit under this subsection (5).";
line 18, strike "or in-kind".
HB00-1353 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 7, strike "2010." and substitute "2003.";
line 20, strike "2010." and substitute "2003.";
line 22, strike "amended" and substitute "amended, and the said 33-1-105.5 is further amended BY THE ADDITION OF A NEW SUBSECTION,".
Page 3, strike line 2 and substitute the following:
"easements in gross - repeal. (9.5) Nothing in this section shall be construed to favor fee title acquisition over the acquisition of other types of control or ownership of real property, such as conservation easements in gross, term easements, or management agreements.
(10) This section is repealed, effective July 1, 2000";
line 3, strike "2010." and substitute "2003.";
line 12, strike "amended" and substitute "amended, and the said 39-22-522 is further amended BY THE ADDITION OF A NEW SUBSECTION,";
line 21, after the period, add "A taxpayer who donates a term easement pursuant to this subsection (2), shall comply with the provisions of subsection (2.5) of this section in order to receive such credit.";
before line 22, insert the following:
"(2.5) (a) In order to receive a credit with respect to the income taxes imposed by this article by the donation of the value of a term easement upon real property the taxpayer owns to a governmental entity or charitable organization, such real property shall remain classified as agricultural land pursuant to section 39-1-102 (1.6) during the term of the term easement and for three years after the termination of such term easement.
(b) Notwithstanding any other law to the contrary, if any taxpayer who has donated a term easement and who has claimed the credit pursuant to the provisions of this section takes any action that prevents the classification of such real property as agricultural land pursuant to section 39-1-102 (1.6) at any time during the term of the term easement and for three years after the termination of such term easement the taxpayer shall refund fifty percent of the amount of the credit which has been used to offset income taxes.".
HB00-1355 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 10, line 11, strike "three hundred million" and substitute "__________".
Page 13, line 26, after "of ", insert "higher".
Page 14, line 12, after "of", insert "higher".
HB00-1356 be postponed indefinitely.
HB00-1360 be postponed indefinitely.
JUDICIARY
After consideration on the merits, the Committee recommends the following:
HB00-1160 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 19, strike "concerted" and substitute "reasonable".
Page 3, line 11, strike "conducting a kinship search." and substitute "kinship care.".
Page 5, line 7, strike "sixty" and substitute "ninety";
line 23, strike "sixty" and substitute "ninety".
Page 7, line 5, strike "due diligence" and substitute "reasonable efforts".
HB00-1169 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 3, strike lines 4 through 6.
Renumber succeeding paragraphs accordingly.
Page 6, line 19, strike "offense" and substitute "offense, except any order of conviction for a state traffic misdemeanor offense issued by a municipal or county court in which the prosecuting attorney is acting as a special deputy district attorney pursuant to an agreement with the district attorney's office,".
Page 8, strike line 11 and substitute the following:
"section shall also be deemed to order that:";
line 14, strike "That the" and substitute "The".
Page 10, line 25, strike "new hire data,".
Page 11, line 19, strike "of restitution" and substitute "ordered";
line 20, strike "of restitution" and substitute "ordered";
line 22, strike "of restitution" and substitute "ordered".
Page 18, line 22, strike "court ordered obligation." and substitute "order from a criminal case or for child support.";
line 23, strike "court ordered obligation," and substitute "order from a criminal case or for child support,".
Page 19, line 21, after the period, add "The filing of a victim's intent to pursue collection and a victim's subsequent collection efforts do not alter a court's order that restitution is a condition of the defendant's probation, and such probation may still be revoked by the court upon a finding of failure to pay restitution.".
Page 21, line 23, strike "administrator" and substitute "chair";
strike line 24, and substitute the following:
"enforcement board, in consultation with the board, and the chair of the crime victim";
line 25, strike "fund" and substitute "board, in consultation with the board,".
Page 22, line 3, strike "administrators" and substitute "chairs".
Page 31, strike line 26 and substitute the following:
"(e) costs of court proceedings or costs of supervision of probation, any fines or fees imposed by a court Payment of costs for the crime victims compensation fund, pursuant to section 24-4.1-119, C.R.S.;
(f) Payment of surcharges for the victims and witnesses assistance and law enforcement fund, pursuant to section 24-4.2-104, C.R.S.;
(g) Payment of restitution;
(h) Payment of a time payment fee;
(i) Payment of late fees;
(j) Payment of any other fines, fees, or surcharges; and".
Page 32, strike lines 1 through 3;
line 4, strike "(h)" and substitute "(k)".
Page 34, strike lines 11 through 14, and substitute the following:
"of their priority: Restitution, legal obligations of support for dependents, probation supervision costs,
(a) Any current child support order;
(b) Any child support arrearage;
(c) Any child support debt order;
(d) Any spousal maintenance;
(e) Costs for the crime victims compensation fund, pursuant to section 24-4.1-119, C.R.S.;
(f) Surcharges for the victims and witnesses assistance and law enforcement fund, pursuant to section 24-4.2-104, C.R.S.;
(g) Restitution;
(h) A time payment fee;
(i) Late fees;
(j) Any other fines, fees, or surcharges;
(k) Room, board, and work supervision inside and outside the county jail or other facility; any fines or fees imposed by the court, and
(l) The probationer.";
strike lines 20 through 26, and substitute the following:
"(a) Restitution or reparation, or both, to the victim of his conduct for the damage or injury which was sustained, the amount and manner of performance thereof which shall be fixed by the court and shall not exceed an amount the defendant can or will be able to pay; Payment of any current child support order;
(b) The board of the prisoner; Payment of any child support arrearage;
(b.3) The supervision and administrative services provided to the prisoner during his home detention; Payment of any child support debt order;
(c) Necessary travel expense to and from work and other incidental expenses of the prisoner; Payment of any spousal maintenance;
(d) Support of the prisoner's dependents, if any; Payment of costs for the crime victims compensation fund, pursuant to section 24-4.1-119, C.R.S.;
(e) Payment, either in full or ratably, of the prisoner's obligations acknowledged by him in writing or which have been reduced to judgment; Payment of surcharges for the victims and witnesses assistance and law enforcement fund, pursuant to section 24-4.2-104, C.R.S.;
(f) The balance, if any, to the prisoner upon his discharge. Payment of restitution;
(g) Payment of a time payment fee;
(h) Payment of late fees;
(i) Payment of any other fines, fees, or surcharges;
(j) Payment of the board of the prisoner;
(k) Payment of the supervision and administrative services provided to the prisoner during his home detention;
(l) Payment of necessary travel expense to and from work and other incidental expenses of the prisoner;
(m) Payment, either in full or ratably, of the prisoner's obligations acknowledged by him in writing or which have been reduced to judgment; and
(n) The balance, if any, to the prisoner upon his discharge.".
Page 35, strike lines 1 through 13.
Page 41, after line 5, insert the following:
“SECTION 24. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the judicial collection enhancement fund created in section 16-11-101.6 (2), Colorado Revised Statutes, not otherwise appropriated, to the judicial department, for the fiscal year beginning July 1, 2000, the sum of five hundred thirty-nine thousand three hundred eighty-eight dollars ($539,388) and 13.7 FTE, or so much thereof as may be necessary, for the implementation of this act.
(2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of corrections, for the fiscal year beginning July 1, 2000, the sum of seventy-two thousand two hundred fifteen dollars ($72,215) and 1.0 FTE, or so much thereof as may be necessary, for the implementation of this act.”.
Renumber succeeding section accordingly.
Page 1, line 101, strike "cases." and substitute "cases, and making an appropriation in connection therewith.".
HB00-1174 be referred favorably to the Committee on Appropriations.
HB00-1191 be referred favorably to the Committee on Appropriations.
HB00-1197 be postponed indefinitely.
HB00-1247 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, after line 25, insert the following:
“SECTION 2. Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
17-1-126. Appropriation to comply with section 2-2-703. (1) Pursuant to section 2-2-703, C.R.S., the following statutory appropriations, or so much thereof as may be necessary, are made in order to implement HB 00-1247, enacted at the second regular session of the sixty-second general assembly:
(a) For the fiscal year beginning July 1, 2000, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of sixty-nine thousand four hundred sixty-seven dollars ($69,467).
(b) (I) For the fiscal year beginning July 1, 2001, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of sixty-nine thousand four hundred sixty-seven dollars ($69,467).
(II) For the fiscal year beginning July 1, 2001, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of twenty-six thousand two hundred thirty-eight dollars ($26,238).
(c) (I) For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of forty thousand five hundred twenty-two dollars ($40,522).
(II) For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of fifty-two thousand four hundred seventy-six dollars ($52,476).
(d) For the fiscal year beginning July 1, 2003, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of sixty-seven thousand seven hundred eighty-two dollars ($67,782).
(e) For the fiscal year beginning July 1, 2004, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of sixty-seven thousand seven hundred eighty-two dollars ($67,782).
SECTION 3. The introductory portion to 24-75-302 (2) and 24-75-302 (2) (m), (2) (n), and (2) (o), Colorado Revised Statutes, are amended to read:
24-75-302. Capital construction fund - capital assessment fees - calculation. (2) As of July 1, 1988, and July 1 of each year thereafter through July 1, 2002, July 1, 2003, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24-75-201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:
(m) On July 1, 2000, one hundred million dollars, plus one hundred eighty-four thousand ninety dollars pursuant to H.B. 97-1186; plus four hundred seventy-eight thousand six hundred thirty-four dollars pursuant to H.B. 97-1077, enacted at the first regular session of the sixty-first general assembly; plus twelve thousand two hundred seventeen dollars pursuant to S.B. 98-021, enacted at the second regular session of the sixty-first general assembly; plus seventy-one thousand two hundred seven dollars pursuant to H.B. 98-1160, enacted at the second regular session of the sixty-first general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 00-1247, enacted at the second regular session of the sixty-second general assembly;
(n) On July 1, 2001, one hundred million dollars, plus one hundred fifty-four thousand six hundred thirty-six dollars pursuant to H.B. 97-1186; plus nine hundred five thousand seven hundred twenty-three dollars pursuant to H.B. 97-1077, enacted at the first regular session of the sixty-first general assembly; plus nine thousand eight hundred ninety dollars pursuant to S.B. 98-021, enacted at the second regular session of the sixty-first general assembly; plus three hundred forty-nine thousand fifty-five dollars pursuant to H.B. 98-1160, enacted at the second regular session of the sixty-first general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 00-1247, enacted at the second regular session of the sixty-second general assembly; and
(o) On July 1, 2002, thirteen thousand nine hundred sixty-two dollars pursuant to S.B. 98-021, enacted at the second regular session of the sixty-first general assembly; plus eight million three hundred seven thousand five hundred nine dollars pursuant to H.B. 98-1156, enacted at the second regular session of the sixty-first general assembly; plus three hundred ninety-seven thousand nine hundred twenty-three dollars pursuant to H.B. 98-1160, enacted at the second regular session of the sixty-first general assembly; plus forty thousand five hundred twenty-two dollars pursuant to H.B. 00-1247, enacted at the second regular session of the sixty-second general assembly.”.
Renumber succeeding sections accordingly.
Page 1, line 102, strike “juvenile.” and substitute “juvenile, and making an appropriation therefor.”.
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee recommends the following:
HB00-1144 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, strike everything below the enacting clause and substitute the following:
"SECTION 1. 1-4-101 (3), Colorado Revised Statutes, is amended to read:
1-4-101. Primary election nominations made. (3) All nominations by major political parties for candidates for United States senator, representative in congress, all elective state, district, and county officers, and members of the general assembly shall be made by primary elections. For primary elections occurring after January 1, 2003, candidates for governor and lieutenant governor shall seek nomination as joint candidates and shall be nominated jointly by the casting by each voter of a single vote applicable to both offices. Neither the secretary of state nor any county clerk and recorder shall place on the official general election ballot the name of any person as a candidate of any major political party who has not been nominated in accordance with the provisions of this article, or who has not been affiliated with the major political party for at least twelve months unless otherwise provided by law, or who does not meet residency requirements for the office, if any. The information found on the voter registration record of the county of current or previous residence of the person seeking to be placed on the ballot is admissible as prima facie evidence of compliance with this article.
SECTION 2. 1-4-103, Colorado Revised Statutes, is amended to read:
1-4-103. Order of names on primary ballot. Candidates designated and certified by assembly for a particular office shall be placed on the primary election ballot in the order of the vote received at the assembly. The candidate receiving the highest vote shall be placed first in order on the ballot, followed by the candidate receiving the next highest vote. For primary elections occurring after January 1, 2003, joint candidates for governor and lieutenant governor shall be placed on the primary election ballot in the order of the vote received at the assembly for the candidates for governor. The pair of joint candidates that includes the candidate for governor that received the highest vote shall be placed first in order on the ballot, followed by the pair of joint candidates that includes the candidate for governor who received the next highest vote. To qualify for placement on the primary election ballot, a candidate must receive thirty percent or more of the votes of the assembly. The names of two or more candidates receiving an equal number of votes for designation by assembly shall be placed on the primary ballot in the order determined by lot in accordance with section 1-4-601 (2). Candidates by petition for any particular office, including joint candidates by petition for the offices of governor and lieutenant governor, shall follow assembly candidates and shall be placed on the primary election ballot in an order established by lot.
SECTION 3. 1-4-502 (1), Colorado Revised Statutes, is amended to read:
1-4-502. Methods of nomination for partisan candidates. (1) Nominations for United States senator, representative in congress, governor, lieutenant governor, secretary of state, state treasurer, attorney general, member of the state board of education, regent of the university of Colorado, member of the general assembly, district attorney, and all county officers to be elected at the general election may be made by primary election by major political parties, by petition for nomination of an unaffiliated candidate as provided in section 1-4-802, or by a minor political party as provided in section 1-4-1304 (2). For primary elections occurring after January 1, 2003, candidates for governor and lieutenant governor shall be nominated jointly by the casting by each voter of a single vote applicable to both offices.
SECTION 4. 1-4-601, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
1-4-601. Designation of candidates for primary election. (2.5) For primary elections occurring after January 1, 2003, assembly designations of lieutenant governor candidates for nomination on the primary election ballot shall not be made as specified in subsection (2) of this section, but shall be made as follows:
(a) Prior to the adjournment of the assembly, each candidate for governor who has received sufficient votes at the assembly to be certified by the assembly for nomination on the primary election ballot shall propose to the assembly a candidate for lieutenant governor who the candidate for governor wishes to run with for nomination as joint candidates on the primary election ballot. The candidate for governor shall propose a candidate for lieutenant governor who is eligible for designation by the assembly as a candidate under subsection (4) of this section. If more than fifty percent of all duly accredited assembly delegates who are present and voting approve the proposed candidate for lieutenant governor, his or her name shall be placed on the certificate of designation with that of the candidate for governor.
(b) If fifty percent or less of all duly accredited assembly delegates who are present and voting approve a candidate for lieutenant governor proposed pursuant to paragraph (a) of this subsection (2.5), the candidate for governor who proposed said candidate shall propose another candidate for lieutenant governor. A candidate who fails to receive approval from more than fifty percent of all duly accredited assembly delegates who are present and voting shall not be designated by the assembly for nomination on the primary election ballot as a candidate for lieutenant governor, but the assembly may only designate a candidate for lieutenant governor who has been proposed by a candidate for governor pursuant to this subsection (2.5). The assembly shall not adjourn until it has designated a candidate for lieutenant governor who was proposed by a candidate for governor pursuant to this subsection (2.5).
SECTION 5. 1-4-605, Colorado Revised Statutes, is amended to read:
1-4-605. Order of names on primary ballot. Candidates designated and certified by assembly for a particular office shall be placed on the primary election ballot in the order of the vote received at the assembly. The candidate receiving the highest vote shall be placed first in order on the ballot, followed by the candidate receiving the next highest vote, and so on until all of the candidates designated have been placed on the ballot. For primary elections occurring after January 1, 2003, joint candidates for governor and lieutenant governor shall be placed on the primary election ballot in the order of the vote received at the assembly for the candidates for governor. The pair of joint candidates that includes the candidate for governor that received the highest vote at the assembly shall be placed first in order on the ballot, followed by the pair of joint candidates that includes the candidate for lieutenant governor that received the next highest vote. The names of two or more candidates receiving an equal number of votes for designation by assembly shall be placed on the primary ballot in the order determined by lot in accordance with section 1-4-601 (2). Candidates by petition for any particular office shall follow assembly candidates and shall be placed on the primary election ballot in an order established by lot.
SECTION 6. 1-4-801 (1), Colorado Revised Statutes, is amended to read:
1-4-801. Designation of party candidates by petition. (1) Candidates for political party nominations may be placed on the primary election ballot by petition. Every petition to nominate candidates for a primary election shall state the name of the office for which the person is a candidate and the candidate's name and address and shall designate in not more than three words the name of the political party which the candidate represents. No petition shall contain the name of more than one person for the same office; except that, for primary elections occurring after January 1, 2003, any petition for a candidate for governor shall also include a candidate for lieutenant governor, and together they shall be considered joint candidates for the primary election.
SECTION 7. 1-4-801 (2) (c), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
1-4-801. Designation of party candidates by petition. (2) The signature requirements for the petition are as follows:
(c) (III) For primary elections occurring after January 1, 2003, every petition in the case of joint candidates for governor and lieutenant governor shall be signed by at least one thousand five hundred eligible electors in each congressional district.
SECTION 8. 1-4-1002 (1), (2), (2.3) (a), (2.5), and the introductory portion to 1-4-1002 (7), Colorado Revised Statutes, are amended, and the said 1-4-1002 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1-4-1002. Vacancies in designation or nomination. (1) Any vacancy in a party designation occurring after the party assembly at which the designation was made and no later than sixty-one days before the primary election may be filled by the party assembly vacancy committee of the district, county, or state, depending upon the office for which the vacancy in designation has occurred. However, for any primary election occurring after January 1, 2003, a party assembly vacancy committee of the state may only fill a vacancy in a party designation of a candidate for nomination for lieutenant governor with a person proposed by the party designee for nomination for governor who lacks a running mate due to the vacancy. A vacancy may be caused by the declination, death, disqualification, or withdrawal of any person designated by the assembly as a candidate for nomination, or by failure of the assembly to make designation of any candidate for nomination, or by death or resignation of any elective officer after an assembly at which a candidate could have been designated for nomination for the office at a primary election had the vacancy then existed. No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date of the assembly that made the original designation.
(2) Any vacancy in a party designation occurring during the sixty days before the primary election or any vacancy in a party nomination occurring on or after the day of the primary election and no later than sixty-one days before the general election may be filled by the respective party assembly vacancy committee of the district, county, or state, depending upon the office for which the vacancy in designation or nomination has occurred. However, for any primary or general election occurring after January 1, 2003, a party assembly vacancy committee of the state may only fill a vacancy in a party designation of a candidate for nomination for lieutenant governor or a nominated party candidate for lieutenant governor with a person proposed by the party designee for nomination for governor or nominated party candidate for governor who lacks a running mate due to the vacancy. A vacancy may be caused by the declination, death, disqualification, resignation, or withdrawal of any person previously designated or of any person nominated at the primary election or by declination, death, disqualification, or withdrawal of any elective officer after a primary election at which a nomination could have been made for the office had the vacancy then existed. No person is eligible for appointment to fill a vacancy in the party designation or nomination unless that person meets all of the requirements of candidacy as of the date of the primary election.
(2.3) (a) Any vacancy in a party nomination occurring after the day of the primary election and more than eighteen days but less than sixty-one days before the general election may be filled by the respective party assembly vacancy committee of the district, county, or state, as appropriate, depending upon the office for which the vacancy in nomination has occurred in accordance with the provisions of subsection (9) of this section. However, for any general election occurring after January 1, 2003, a party assembly vacancy committee of the state may only fill a vacancy in a party nomination for lieutenant governor with a person proposed by the nominated party candidate for governor. A vacancy may be caused by the declination, death, disqualification, resignation, or withdrawal of any person nominated at the primary election or by the declination, death, disqualification, resignation, or withdrawal of any elective officer after a primary election at which a nomination could have been made for the office had the vacancy then existed. No person is eligible for appointment to fill a vacancy in the party nomination unless that person meets all of the requirements of candidacy as of the date of the primary election.
(2.5) (a) Any vacancy in a party nomination occurring less than eighteen days before the general election that is caused by the declination, death, disqualification, or withdrawal of any person nominated at the primary election or by the declination, death, disqualification, or withdrawal of any elective officer after a primary election at which a nomination could have been made for the office had the vacancy then existed shall not be filled before the general election. In such case, the votes cast for the candidate whose declination, death, disqualification, or withdrawal caused the vacancy are to be counted and recorded, and, if the candidate receives a plurality of the votes cast, such vacancy shall be filled after the general election by the respective party vacancy committee of the district, county, or state, as appropriate, depending upon the office for which the vacancy in nomination has occurred and in the manner provided for in part 2 of article 12 of this title for filling vacancies in office.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (2.5), for any general election occurring after January 1, 2003, any vacancy in a party nomination for lieutenant governor occurring less than eighteen days before the general election that is caused by the declination, death, disqualification, or withdrawal of any person nominated at the primary election or by the declination, death, disqualification, or withdrawal of the lieutenant governor after a primary election at which a nomination could have been made for lieutenant governor had the vacancy then existed, shall not be filled before the general election. In such case, if the nominated party candidate for governor who lacks a running mate due to the vacancy in the party nomination for lieutenant governor receives a plurality of the votes cast, a party assembly vacancy committee of the state may fill the vacancy only with a person proposed by the nominated party candidate for governor.
(7) Except as otherwise provided in subsection (7.3) of this section, any vacancy in a statewide or county office, in the office of district attorney, or in the office of a state senator occurring during a term of office shall be filled at the next general election with nomination or designation by the political party as follows:
(7.3) Any vacancy in the office of lieutenant governor occurring after January 15, 2003, shall be filled by a person proposed by the governor and approved by the governor's political party's central committee vacancy committee for the state. A person selected to fill such a vacancy in the office of lieutenant governor shall serve for the remainder of the regular term during which the vacancy in the office of lieutenant governor arose.".
HB00-1231 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 4, strike lines 12 through 26, and substitute the following:
"SECTION 2. 18-6.5-102 (1) and (1.5), Colorado Revised Statutes, are amended to read:
18-6.5-102. Definitions. As used in this article, unless the context otherwise requires:
(1) "At-risk adult" means any person who is sixty years of age or older or any person who is eighteen years of age or older and is a person with a disability, as said term is defined in subsection (3) of this section, or any person who is pregnant.
(1.5) "At-risk juvenile" means any person who is under the age of eighteen years and is a person with a disability, as said term is defined in subsection (3) of this section, or any person who is pregnant.".
Page 5, strike lines 1 through 24.
Renumber succeeding sections accordingly.
Page 6, line 3, strike "H.B. 00- ____." and substitute "H.B. 00-1231.";
line 5, strike "H.B. 00-____," and substitute "H.B. 00-1231,";
strike lines 8 through 26, and substitute the following:
"(a) For the fiscal year beginning July 1, 2000, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of one hundred nineteen thousand two hundred fifty-two dollars ($119,252).
(b) For the fiscal year beginning July 1, 2001, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of forty-five thousand forty-two dollars ($45,042).
(c) For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of twelve thousand two hundred forty-four dollars ($12,244).
(d) For the fiscal year beginning July 1, 2003, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of one hundred nineteen thousand two hundred fifty-two dollars ($119,252).
(e) For the fiscal year beginning July 1, 2004, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of forty-five thousand forty-two dollars ($45,042).".
Page 7, strike lines 1 through 22, and substitute the following:
"SECTION 4. The introductory portion to 24-75-302 (2) and 24-75-302 (2) (m), Colorado Revised Statutes, are amended, and the said 24-75-302 (2) is further amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPH, to read:
24-75-302. Capital construction fund - capital assessment fees - calculation. (2) As of July 1, 1988, and July 1 of each year thereafter through July 1, 2002, July 1, 2004, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24-75-201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:
(m) On July 1, 2000, one hundred million dollars, plus one hundred eighty-four thousand ninety dollars pursuant to H.B. 97-1186; plus four hundred seventy-eight thousand six hundred thirty-four dollars pursuant to H.B. 97-1077, enacted at the first regular session of the sixty-first general assembly; plus twelve thousand two hundred seventeen dollars pursuant to S.B. 98-021, enacted at the second regular session of the sixty-first general assembly; plus seventy-one thousand two hundred seven dollars pursuant to H.B. 98-1160, enacted at the second regular session of the sixty-first general assembly, plus one hundred nineteen thousand two hundred fifty-two dollars pursuant to H.B. 00-1231, enacted at the second regular session of the sixty-second general assembly;
(p) On July 1, 2003, one hundred nineteen thousand two hundred fifty-two dollars pursuant to H.B. 00-1231, enacted at the second regular session of the sixty-second general assembly.".
Renumber succeeding section accordingly.
HB00-1299 be referred to the Committee of the Whole with favorable recommendation.
HB00-1320 be postponed indefinitely.
TRANSPORTATION AND ENERGY
After consideration on the merits, the Committee recommends the following:
HB00-1068 be postponed indefinitely._______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and transmitted to the Revisor of Statutes:
SB00-183, amended as printed in Senate Journal, February 2, page 203._______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended, SB00-183.______________
INTRODUCTION OF BILL
First Reading
The following bill was read by title and referred to the committees indicated:
SB00-047 by Senators Anderson, Martinez; also Representatives Leyba, Kester, Tool--Concerning the development of a standardized screening process for mentally ill persons in the criminal justice system.
Committee on Health, Environment, Welfare, & Institutions_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, the following items on the Calendar were laid over until February 7, retaining place on Calendar:
Consideration of Special Orders--HB00-1145, 1148, 1161, 1154, 1037, 1137, 1190.
Consideration of General Orders--HB00-1138, 1089, 1108, 1105, 1011, 1084, 1001, 1218, 1009, 1029, 1165, 1229, 1208, 1149, 1124, 1222, 1099, 1080, 1008, 1047, 1012, 1164, 1185, 1114, 1240, 1225, 1007, 1186, 1181, 1243, 1025, HCR00-1001.
Consideration of Memorial--SJM00-001.
Consideration of Senate Amendments--HB00-1141._______________
On motion of Representative Dean, the House adjourned until 10:00 a.m., February 7, 2000.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk