0/27/100
3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
Twenty-third Legislative Day Thursday, January 27, 2000
Prayer by Pastor Dan Elliott, South Fellowship, Littleton.
The Speaker called the House to order at 9:00 a.m.
The roll was called with the following result:
Present--57.
Excused--Representatives Chavez, Gotlieb, Johnson, Mitchell, Swenson, Tate, Veiga, Williams S.--8.
Present after roll call--Representatives Chavez, Gotlieb, Johnson, Mitchell, Swenson, Tate.
The Speaker declared a quorum present._______________
On motion of Representative Webster, the reading of the journal of January 26, 2000, was dispensed with and approved as corrected by the Chief Clerk._______________
REPORTS OF COMMITTEES OF REFERENCE
EDUCATION
After consideration on the merits, the Committee recommends the following:
HB00-1124 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 2, strike lines 3 through 23 and substitute the following:
"amended BY THE ADDITION OF A NEW SUBSECTION to read:
22-30.5-104. Charter school - requirements - authority. (9) Decisions regarding the planning, siting, and inspection of charter school facilities shall be made in accordance with section 22-32-124, and as specified by contract with the district.".
HB00-1173 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 7, line 14, strike “twenty” and substitute “thirty”.
Page 12, line 12, strike “twenty” and substitute “thirty”;
line 13, strike “twenty” and substitute “thirty”.
HB00-1190 be referred to the Committee of the Whole with favorable recommendation.
HB00-1222 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 18, strike "2005" and substitute "2003".
Page 3, line 14, strike "2005." and substitute "2003.";
line 15, strike "such employment" and substitute "such employment the employment described in subsection (1) of this section";
after line 16, insert the following:
"(2.5) (a) Salary from the employment described in subsection (1.5) of this section shall be subject to employer contributions under the circumstances set forth in section 24-51-1103.5.
(b) This subsection (2.5) is repealed, effective July 1, 2003.";
line 17, strike "Such service retiree" and substitute "Such service retiree Any service retiree employed pursuant to this section";
after line 19, insert the following:
"SECTION 3. Part 11 of article 51 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
24-51-1103.5. Contributions for a retiree employed by a school district during critical shortage - no benefit calculation upon subsequent termination - repeal. (1) Upon the declaration of a critical shortage pursuant to section 22-32-109 (1) (f) (II) (A), C.R.S., employer contributions for service retirees shall commence, pursuant to the provisions of part 4 of this article, upon the first occurrence of any of the following events:
(a) Employment of more than four hours per day exceeds one hundred ten days in the calendar year;
(b) Employment of four hours or less per day exceeds seven hundred twenty hours in the calendar year; or
(c) Employment consisting of a combination of daily and hourly employment exceeds one hundred ten days in the calendar year.
(2) If the employment of a service retiree pursuant to section 24-51-1101 (1.5) spans two or more calendar years, such employment shall not be subject to employer contributions unless the service retiree's time worked in any one calendar year corresponds with any event described in subsection (1) of this section. The time worked by a service retiree in any calendar year shall not accrue for purposes of determining the time worked in any subsequent calendar year.
(3) Any service retiree who is employed as a nonlicensed employee of a school district in a position for which a critical shortage has been declared pursuant to section 22-32-109 (1) (f) (II) (A), C.R.S., shall not be required to resume membership. Upon termination of such service retiree's employment, there shall be no benefit calculation reflecting additional service credit accumulated or any increase in the highest average salary of such person.
(4) This section is repealed, effective July 1, 2003.".
Renumber succeeding section accordingly.
HB00-1236 be postponed indefinitely.
HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS
After consideration on the merits, the Committee recommends the following:
HB00-1099 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 20, strike "or";
line 21, strike "under contract with".
Page 3, line 7, strike "or under contract with";
line 15, after the period, add "Private correctional facilities operated under contract with the department pursuant to part 2 of this article shall be subject to applicable national correctional standards and the requirements of applicable court orders and state law as provided in section 17-1-105.1 (3) (a).".
HB00-1146 be referred favorably to the Committee on Appropriations.
HB00-1246 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 11, after line 4, insert the following:
"25-4-2111. Parental consent for minors. No body artist shall perform a body art procedure upon a minor unless the body artist has received written consent from the minor's parent or guardian. Failure to obtain such permission before performing body art procedures on a minor shall constitute a petty offense punishable by a fine of two hundred and fifty dollars.".
Renumber succeeding C.R.S. sections accordingly.
LOCAL GOVERNMENT
After consideration on the merits, the Committee recommends the following:
HB00-1080 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. 31-30-1113 (2), Colorado Revised Statutes, is amended to read:
31-30-1113. Fund investments. (2) Upon the board's direction, the treasurer of a municipality or district may invest part of the fund available for investment, with or without one or more other volunteer firefighter pension funds, in a noninsured trust pension plan with a bank or trust company authorized to exercise trust powers in this state as a trustee. The trustee's investment of fund moneys is governed by part 3 of article 1 article 1.1 of title 15, C.R.S., but the trustee shall at all times hold fixed-income obligations having a book value or cost of not less than sixty percent of the total contributions made to the trust less the amounts paid out.
SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".
HB00-1184 be postponed indefinitely.______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB00-1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323, 1324, 1325, 1326, 1327, 1328, 1329, 1330, 1331, 1332._______________
House in recess. House reconvened.
_______________
REPORTS OF COMMITTEE OF REFERENCE
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee recommends the following:
HB00-1137 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 3, line 13, after "license", insert "as referenced in subparagraph (III) of paragraph (b) of subsection (1) of this section";
line 25, strike "commission" and substitute "board".
HB00-1149 be referred to the Committee of the Whole with favorable recommendation.
HB00-1167 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 5, line 4, strike "waste tires in Colorado" and substitute "Colorado waste tires";
line 23, after "raw", insert "Colorado".
Page 6, line 13, strike "unencumbered funds from" and substitute "uncommitted moneys between";
line 14, strike "for which";
line15, strike "no grant application has been submitted".
HB00-1182 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 1, line 4, strike "A NEW SUBSECTION," and substitute "THE FOLLOWING NEW SUBSECTIONS,".
Page 2, after line 7, insert the following:
"(1.5) "Board" means the collection agency board created in section 12-14-116.".
Page 4, strike lines 3 through 26.
Strike page 5.
Page 6, strike lines 1 through 3 and substitute the following:
"SECTION 5. 12-14-113 (4), Colorado Revised Statutes, is amended to read:
12-14-113. Civil liability. (4) An action to enforce any liability created by the provisions of this article may be brought in any court of competent jurisdiction within two years one year from the date on which the violation occurs.
SECTION 6. 12-14-114, Colorado Revised Statutes, is amended to read:
12-14-114. Administrative enforcement. Compliance with this article shall be enforced by the board. The board has power to make reasonable rules and regulations for the administration and enforcement of this article, including standards of conduct for licensees and registrants and collection notices and forms. The board shall be subject to the provisions of section 24-5-101, C.R.S.".
Renumber succeeding sections accordingly.
Page 6, strike lines 11 through 26 and substitute the following:
"SECTION 8. 12-14-116 (2), Colorado Revised Statutes, is amended to read:
12-14-116. Collection agency board - created. (2) No person shall be appointed as a member of such board unless such person is a bona fide resident of the state of Colorado. Effective July 1, 1995 July 1, 2000, board appointments shall ensure that three members of the board have been engaged in the collection business within the state of Colorado, either as a collections managers, owners, partners, or officers of a corporation, for a period of at least five years immediately prior to their appointment manager, owner, or part owner of a licensed collection agency. Two members of the board shall be representatives of the general public and not engaged in the collection business.".
Page 7, strike lines 1 through 15.
Renumber succeeding sections accordingly.
Page 8, line 16, strike "(1) (a) (II),";
line 17, strike "(2) (d) (IV), (3),";
line 18, strike "(6)";
strike lines 22 through 25.
Page 9, line 3, strike "by the collection agency board" and substitute "by the collection agency board";
strike lines 10 through 18;
line 21, strike "board administrator." and substitute "board.";
strike line 26.
Page 10, strike lines 1 and 2.
Page 11, line 7, strike "board administrator." and substitute "board.".
Page 12, line 22, strike "(1) (e) and";
line 23, strike "are" and substitute "is";
strike lines 24 through 26.
Page 13, strike lines 1 and 2 and substitute the following:
"12-14-123. Duties of collection agencies. (2) (a) No collection agency shall employ any collections";
strike line 18 and substitute the following:
"SECTION 16. 12-14-124 (10),";
line 19, strike "are" and substitute "is";
strike lines 20 through 26.
Strike pages 14 and 15.
Page 16, strike lines 1 through 7;
line 8, before "(10)", insert "14-14-124. Bond.";
line 12, strike "collection agency board administrator." and substitute "collection agency board.".
Page 17, line 22, strike "board or" and substitute "board or";
line 24, strike "12-14-130," and substitute "12-14-130 (10) (b) and (10) (d),"; and strike "is" and substitute "are";
strike line 26.
Strike pages 18 and 19.
Page 20, strike lines 1 through 10;
line 11, strike "(b) The board or" and substitute "12-14-130. Complaint - investigations - powers of the administrator - sanctions. (10) (b) The board or";
line 14, strike "board" and substitute "board";
line 15, strike "administrator";
strike lines 16 through 18;
strike lines 24 through 26.
Page 21, strike lines 1 through 6;
strike lines 24 through 26.
Page 22, strike lines 1 through 8.
Renumber succeeding sections accordingly.
Page 22, strike lines 23 through 26 and substitute the following:
"SECTION 23. 12-14-137, Colorado Revised Statutes, is amended to read:
12-14-137. Termination of board. The collection agency board
shall be terminated July 1, 2000 2003. Prior to such termination, the board shall be reviewed as provided in section 24-34-104, C.R.S.".
Page 23, strike line 1;
line 7, strike "2007" and substitute "2003";
strike lines 19 through 26.
Renumber succeeding sections accordingly.
Page 24, strike lines 8 through 15 and substitute the following:
"SECTION 27. 24-34-104 (32.5), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (32.5) The following agencies, functions, or both, shall terminate on July 1, 2003:
(f) The licensing and regulation of collection agencies, pursuant to article 14 of title 12, C.R.S., by the collection agency board and administrator of the "Uniform Consumer Credit Code".".
Renumber succeeding sections accordingly.
HB00-1224 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 9, line 15, strike "costs." and substitute "costs - transfer of employees. (1)";
line 18, after "with", insert "existing employees transferred from the department of local affairs pursuant to subsection (2) of this section and with";
after line 21, insert the following:
"(2) On and after August 1, 2000, employees of the department of local affairs prior to said date whose duties and functions concerned the duties and functions assumed by the office pursuant to this section and whose employment in the office is deemed necessary by the administrator of the office to carry out the purposes of this article shall be transferred to the office and become employees thereof.
(3) Any employees transferred to the office pursuant to subsection (2) of this section who are classified employees in the state personnel system shall retain all rights to the personnel system and retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and regulations.".
Page 12, after line 16, insert the following:
"SECTION 5. Transfer of appropriation. Any appropriation made in the annual general appropriation act for the fiscal year beginning July 1, 2000, to the tourism promotion fund and to the department of local affairs for tourism promotion and any corresponding FTE, are hereby transferred to the Colorado travel and tourism promotion fund and to the Colorado tourism office in the office of the governor, for the implementation of this act.".
Renumber succeeding sections accordingly._______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has adopted and returns herewith: HJR00-1003.
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred to the committees indicated:
HB00-1353 by Representative Taylor--Concerning acquisition of an interest in real property for the protection of open space, and, in connection therewith, allowing the wildlife commission to acquire conservation easements in gross, allowing conservation easements in gross to be for a term of at least twelve years, and providing a tax credit to persons who donate conservation easements that are less than perpetual but are for a term of at least twelve years.
Committee on Finance
Committee on Appropriations
HB00-1354 by Representative Stengel; also Senator Teck--Concerning the exemption of purchases of items related to manufacturing from state sales and use tax.
Committee on Finance
HB00-1355 by Representatives King, Allen, Bacon, Decker, Fairbank, George, Hagedorn, Lee, May, McElhany, McKay, Miller, Spence, Spradley, Swenson, Tapia, Tool, Vigil, Webster; also Senators Teck, Andrews, Blickensderfer, Chlouber, Lacy, Phillips, Powers, Reeves--Concerning high technology scholarships, and, in connection therewith, establishing the Colorado high technology scholarship program and creating a credit against state income tax for monetary contributions made to fund high technology scholarships awarded through the program.
Committee on Finance
Committee on Appropriations
HB00-1356 by Representative Swenson; also Senator Teck--Concerning a credit against the state income tax for contributions by business entities used to defray educational expenses of students in Colorado.
Committee on Finance
Committee on Appropriations
HB00-1357 by Representative Grossman--Concerning a study of the effectiveness of state economic incentives, and, in connection therewith, establishing a commission to make recommendations to the general assembly on the effectiveness of state economic incentives and establishing a statutory committee to implement the recommendations.
Committee on Finance
Committee on Appropriations
HB00-1358 by Representatives Tool, Swenson; also Senator Teck--Concerning the interest assessed against deferred real property taxes.
Committee on Finance
HB00-1359 by Representatives Hagedorn, Allen, George, Gotlieb, Miller, Tapia, Tool, Veiga--Concerning the retention of specified state funds for a specified period of time for the purpose of creating an enhanced local law enforcement grant program, and, in connection therewith, authorizing the retention of cash fund balances from the collection of certain monetary assessments imposed for criminal behavior, authorizing the retention of state revenues in excess of the constitutional limitation on state fiscal year spending for the purpose of financing the enhanced local law enforcement grant program, and limiting the number of state fiscal years that such revenues can be retained for financing the enhanced local law enforcement grant program.
Committee on Finance
HB00-1360 by Representative Hoppe--Concerning the creation of income tax credits for natural habitat land strips.
Committee on Finance
HB00-1361 by Representatives George, Gordon, Gotlieb, Hagedorn, Johnson, Kaufman, Morrison, Takis, Tool; also Senators Blickensderfer, Dyer, Feeley, Linkhart--Concerning the creation of an individual development account program.
Committee on Finance
HB00-1362 by Representatives Taylor, Kaufman; also Senator Matsunaka--Concerning a state income tax credit for employers who provide qualified employees with cash assistance toward the purchase of qualified housing.
Committee on Finance
Committee on Appropriations
HB00-1363 by Representative Hagedorn--Concerning disclosure of information required to be filed under the "Colorado Sunshine Act of 1972".
Committee on State, Veterans, & Military Affairs
HB00-1364 by Representative Veiga--Concerning the alteration of pets in conjunction with adoption from an animal shelter, and, in connection therewith, creating a special license plate to increase donations for spaying and neutering for pets.
Committee on Agriculture, Livestock, & Natural Resources
HB00-1365 by Representative Hefley; also Senator Lamborn--Concerning Monument lake dam, and, in connection therewith, the clarification and transfer of ownership of the dam structure and water storage rights.
Committee on Agriculture, Livestock, & Natural Resources
HB00-1366 by Representatives Alexander, George, Miller, Smith; also Senators Teck, Chlouber--Concerning the relocation of waste from the Shattuck superfund site, and, in connection therewith, making an appropriation.
Committee on Local Government
HB00-1367 By Representatives Tupa, and Swenson--Concerning the addition of areas to special districts that extend into four or more counties.
Committee on Local Government
HB00-1368 By Representatives Lee, Fairbank, and McKay; also Senator Blickensderfer--Concerning compliance by certain residential facilities with local government zoning requirements as a condition to state licensure of such facilities.
Committee on Local Government
HB00-1369 By Representatives Decker, Pfiffner, May, Clapp, Dean, Paschall, Spradley, and Young; also Senator Thiebaut--Concerning the increase of claimant's protections in asset forfeiture actions.
Committee on Judiciary
HB00-1370 by Representatives Decker, Dean; also Senators Epps, Congrove--Concerning policies to grant a preference to veterans in filling positions of public employment.
Committee on State, Veterans, & Military Affairs
HB00-1371 By Representatives Alexander, Kaufman, Larson, and Spradley--Concerning families in the court system, and making an appropriation in connection therewith.
Committee on Judiciary
HB00-1372 by Representative Zimmerman--Concerning the protection of certain employees from retaliation by their employers for disclosing certain negative information.
Committee on Local Government
HB00-1373 By Representatives Windels, Gordon, Gagliardi, Keller, and Williams S.--Concerning the creation of a community involvement grant program, and making an appropriation in connection therewith.
Committee on Education
HB00-1374 by Representative Tupa--Concerning public records open to inspection.
Committee on Judiciary
HB00-1375 by Representative Kaufman; also Senator Lamborn--Concerning the enactment of the "Colorado Uniform Guardianship and Protective Proceedings Act".
Committee on Judiciary
HB00-1376 by Representative Windels--Concerning a prohibition against discriminating in wages for persons employed in comparable employment.
Committee on Judiciary
HB00-1377 by Representative Veiga--Concerning crime victims.
Committee on Judiciary
HB00-1378 by Representative Fairbank--Concerning prohibitions on trademark counterfeiting.
Committee on Judiciary
HB00-1379 by Representative Gagliardi--Concerning the requirement that the Colorado department of transportation allocate a specified portion of federal surface transportation program moneys to areas with a population of less than two hundred thousand people.
Committee on Transportation & Energy
HB00-1380 by Representative Bacon--Concerning the privacy of motor vehicle records maintained by the department of revenue.
Committee on Transportation & Energy
HB00-1381 by Representative Stengel; also Senator Andrews--Concerning emissions testing for diesel vehicles, and, in connection therewith, increasing the emissions testing fee and extending the validity of emissions testing for certain diesel vehicles.
Committee on Transportation & Energy
HB00-1382 by Representative Chavez--Concerning the transfer of governance authority over the state colleges from the trustees of state colleges in Colorado to the state board of agriculture.
Committee on Education
HB00-1383 by Representatives Decker, Clapp, Lee; also Senator Lamborn--Concerning deletion of the reference to a specific age of retirement for purposes of the offset against permanent total disability benefits under the "Workers' Compensation Act of Colorado".
Committee on Business Affairs & Labor
HB00-1384 by Representative McElhany--Concerning telecommuni-cations surcharges.
Committee on Business Affairs & Labor
HB00-1385 By Representatives Paschall, and Nuņez; also Senators Wattenberg, Dyer, and Hillman--Concerning time limitations on a contractor's insurer to settle claims in which no material fact is in dispute.
Committee on Business Affairs & Labor
HB00-1386 By Representatives Mitchell, and Fairbank--Concerning the repeal of certain administrative rules relating to hepatitis B vaccinations.
Committee on Health, Environment, Welfare, & Institutions
HB00-1387 by Representatives McElhany, Alexander; also Senator Chlouber--Concerning the holding of alcohol beverage tastings on licensed premises.
Committee on Business Affairs & Labor
HB00-1388 By Representatives Lawrence, and Leyba; also Senator Owen--Concerning the use of tobacco settlement moneys, and, in connection therewith, limiting the use of such moneys to health and education programs.
Committee on Health, Environment, Welfare, & Institutions
HB00-1389 by Representatives Lawrence, Hefley; also Senator Wham--Concerning a medicaid waiver program for autism, and making an appropriation therefor.
Committee on Health, Environment, Welfare, & Institutions
HB00-1390 by Representative Zimmerman--Concerning prohibited methods of regulating smoking.
Committee on Health, Environment, Welfare, & Institutions
HB00-1391 by Representative Gotlieb--Concerning student election judges.
Committee on Education_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, Consideration of General Orders (HB00-1106, 1078, 1092, 1180, 1151, 1059, 1134, 1036, 1119, 1138, 1139, 1152, 1226, 1055, 1109, 1089, 1091, 1040, 1046, 1108, 1216, 1148, 1161, 1105, 1011, 1056, 1084, 1179, 1276, 1172, 1001, 1218) was laid over until January 28, retaining place on Calendar._______________
On motion of Representative Grossman, the House adjourned until 9:00 a.m., January 28, 2000.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk