2/10/100
3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
Sixty-sixth Legislative Day Friday, March 10, 2000
Prayer by Father Ed Judy, Samaritan House, Denver.
The Speaker called the House to order at 9:00 a.m.
The roll was called with the following result:
Present--47.
Excused for legislative business--Representatives Allen, Bacon, Berry, Kester, King, Lawrence, Leyba, Mace, McKay, McPherson, Mitchell, Paschall, Saliman, Spence, Tapia, Tool, Vigil, Young--18.
Present after roll call--Representatives Allen, Bacon, Berry, King, Lawrence, Leyba, Mace, McKay, McPherson, Mitchell, Paschall, Saliman, Spence, Tapia, Tool, Vigil, Young.
The Speaker declared a quorum present._______________
On motion of Representative Fairbank, the reading of the journal of March 9, 2000, was dispensed with and approved as corrected by the Chief Clerk._______________
On motion of Representative Witwer, 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.)
SB00-061 by Senators Anderson, Lamborn, Linkhart, Reeves; also Representatives Young, Clarke, Leyba, Taylor--Concerning the authority of the Colorado commission on higher education to pursue nonprofit incorporation for the purpose of developing discoveries and technology.
Laid over until March 13, retaining place on Calendar.
SB00-098 by Senator Sullivant; also Representative Scott--Concerning the use of moneys in a school district's special building and technology fund.
Ordered revised and placed on the Calendar for Third Reading and Final Passage.
HB00-1285 By Representative Kaufman; also Senator Perlmutter--Concerning enactment of the "Colorado Home Improvement Contract Requirement" under the "Colorado Consumer Protection Act".
Laid over until May 4._______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: SB00-098.
Laid over until date indicated retaining place on Calendar:
SB00-061--March 13, 2000.
HB00-1285--May 4, 2000.
The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was adopted.
YES 48 NO 0 EXCUSED 17 ABSENT 0
Alexander Y
Allen E
Bacon E
Berry E
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker E
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester E
King E
Larson Y
Lawrence E
Lee Y
Leyba E
Mace E
May Y
McElhany Y
McKay E
McPherson E
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman E
Scott Y
Sinclair Y
Smith Y
Spence E
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia E
Tate Y
Taylor Y
Tochtrop Y
Tool E
Tupa Y
Veiga Y
Vigil E
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young E
Zimmerman Y
Mr. Speaker Y
_______________
REPORTS OF COMMITTEES OF REFERENCE
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee recommends the following:
SB00-057 be referred to the Committee of the Whole with favorable recommendation.
SB00-106 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 4, strike line 10 and substitute the following:
"commissioner; except that credit life and credit accident and health insurers shall file schedules of premium rates pursuant to sections 10-10-109 and 10-10-110.".
Page 5, line 6, strike "one or more of" and substitute "one or more of";
line 13, strike "and" and substitute "or".
SB00-144 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 2, line15, after "a", insert "consumer";
line 16, strike "lender" and substitute "lender, for a fee, finance charge, or other consideration,".
Page 3, line 3, strike "consumer" and substitute "consumer, credits to the consumer's account, or pays to another person on the consumer's behalf";
line 8, after "(5)", insert "(a)", and strike "offering" and substitute "who offers or makes";
line 9, strike "loan." and substitute the following:
"loan, who arranges a deferred deposit loan for a third party, or who acts as an agent for a third party, regardless of whether the third party is exempt from licensing under this article or whether approval, acceptance, or ratification by the third party is necessary to create a legal obligation for the third party.
(b) Lender includes, but is not limited to, a supervised financial organization as defined in section 5-1-301 (17).
(c) Notwithstanding that a bank, saving and loan association, credit union, or supervised lender may be exempted by federal law from this code's interest rate, finance charges, and licensure provisions, all other applicable provisions of this code apply to both a deferred deposit loan and a deferred deposit lender.";
line 12, strike "amended." and substitute "amended, or as supplemented by this code, articles 1 to 9 of this title.".
Page 4, line 12, strike "twenty" and substitute "fifteen";
line 17, strike "over" and substitute "an amount greater than five hundred dollars nor shall the amount financed exceed".
Page 5, line 14, strike "twenty" and substitute "fifteen";
after line 24, insert the following:
"(4) Nothing in this section prohibits a lender from refinancing a deferred deposit loan as a supervised loan subject to the provision of this code, articles 1 to 9 of this title.
JUDICIARY
After consideration on the merits, the Committee recommends the following:
HB00-1426 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 1, line 4, after "(a)", insert "(I)".
Page 2, strike lines 5 through 10, and substitute the following:
"C.R.S.
(II) Notwithstanding the provisions of section 18-1-106, C.R.S., any person convicted of violating subparagraph (I) of this paragraph (a) shall be sentenced to a mandatory minimum term of imprisonment in the county jail for thirty days, or a mandatory minimum fine of three thousand dollars, or both. The minimum jail sentence and fine required by this subparagraph (II) shall be in addition to any other penalty provided in section 18-1-106, C.R.S. The court may suspend all or a portion of the mandatory jail sentence or fine if the defendant successfully completes no less than forty hours, and no greater than three hundred hours, of useful public service. In no event shall the court sentence the convicted person to probation. Upon the defendant's successful completion of the useful public service, the court shall vacate the suspended sentence. In the event the defendant fails or refuses to complete the useful public service ordered, the court shall impose the jail sentence, fine, or both, as required under this subparagraph (II).";
line 15, strike "paragraph (a)" and substitute "paragraphs (a) or (d)".
Page 3, line 1, after "42-2-127", insert "(5) (f) (I), (5) (f) (II), (5) (f) (III), and";
line 2, strike "is amended" and substitute "are amended";
after line 7, insert the following:
"(I) One to four miles per hour over the reasonable and prudent speed or one to four miles per hour over the maximum lawful speed limit of seventy-five miles per hour0
(II) Five to nine miles per hour over the reasonable and prudent speed or five to nine miles per hour over the maximum lawful speed limit of seventy-five miles per hour3
(III) Ten to nineteen miles per hour over the reasonable and prudent speed or ten to nineteen miles per hour over the maximum law ful speed limit of seventy-five miles per hour4";
line 9, after "or", insert "twenty to thirty-nine miles per hour";
line 12, after "or", insert "forty or more miles per hour".
SB00-024 be referred to the Committee of the Whole with favorable recommendation.
SB00-189 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 1, line 2, strike "(4) (h) and (4) (k)," and substitute "(4) (h),";
line 3, strike "are" and substitute "is";
line 9, after "made", insert "to any law enforcement or prosecution official or".
Page 2, strike lines 2 through 6.______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB00-1435, 1436, 1437.
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB00-1037, 1087, 1092, 1154, 1226, 1310; HJR00-1010; SB00-017, 033.______________
DELIVERY OF BILLS TO GOVERNOR
The Chief Clerk of the House of Representatives reports the following bills have been delivered to the Office of the Governor: HB00-1037, 1087, 1092, 1154, 1194, 1226, 1310 at 4:15 p.m. on March 9, 2000._______________
MESSAGES FROM THE SENATE
Mr. Speaker:
The Senate has adopted and returns herewith: HJR00-1013._________
The Senate has adopted and transmits herewith: SJR00-007.______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred to the committees indicated:
HB00-1436 by Representative Mitchell; also Senator Musgrave--Concerning the tax on fuels used in regional transportation district buses that are operated under contract by private bus service providers.
Committee on Finance
HB00-1437 by Representative George--Concerning rural transportation authorities.
Committee on Local Government
HB00-1438 by Representative Taylor; also Senator Wattenberg--Concerning repeal of the power of the Colorado water conservation board regarding conditional water rights for instream flow uses in the Yampa river basin.
Committee on Agriculture, Livestock, & Natural Resources
SB00-190 by Senator Feeley; also Representative Kaufman--Concerning methyl tertiary butyl ether.
Committee on Agriculture, Livestock, & Natural Resources
______________
INTRODUCTION OF RESOLUTION
The following resolution was read at length and laid over one day under the rules:
SJR00-007 by Senators Tanner, Rupert; also Representatives Leyba, Clarke, Tate--Concerning Harriet Tubman day._______________
House in recess. House reconvened.
_______________
On motion of Representative Dean, HB00-1192, 1016, SB00-095, 080, HB00-1069, 1269 shall be made Special Orders on Friday, March 10, 2000, at 9:50 a.m._______________
The hour of 9:50 a.m., having arrived, on motion of Representative Witwer, 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.)
HB00-1192 by Representative Hagedorn; also Senator Phillips--Concerning restrictions on post-termination employment of persons involved in government.
Amendment No. 1, by Representative Dean.
Amend printed bill, page 1, strike line 1.
As amended, declared lost on Second Reading.
HB00-1016 by Representatives Williams T., Clapp, Decker, Larson; also Senators Anderson, Andrews--Concerning administrative procedures relating to the activities of administrative law judges in the division of administrative hearings in the department of personnel, and, in connection therewith, transferring responsibility for conducting prehearing conferences in workers' compensation cases from the division of workers' compensation in the department of labor and employment to the division of administrative hearings, requiring the adoption of procedural rules governing hearings before such administrative law judges, and requiring the adoption of rules for the rotation of cases heard by such administrative law judges.
Amendment No. 1, Business Affairs & Labor Report, dated February 17, 2000, and placed in member’s bill file; Report also printed in House Journal, February 18, page 621.
Amendment No. 2, Appropriations Report, dated March 3, 2000, and placed in member’s bill file; Report also printed in House Journal, March 6, page 845.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
SB00-080 by Senator Perlmutter; also Representative Spradley--Concerning protections against unfair business practices.
Ordered revised and placed on the Calendar for Third Reading and Final Passage.
HB00-1069 by Representatives Smith, George, Larson, Young; also Senators Dennis, Chlouber, Dyer, Teck, Wattenberg--Concerning the deployment of remote weather systems, and, in connection therewith, making an appropriation.
Amendment No. 1, Appropriations Report, dated March 3, 2000, and placed in member’s bill file; Report also printed in House Journal, March 6, page 846.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
SB00-095 by Senators Wattenberg, Powers, Chlouber; also Representatives George, Alexander, Coleman, Johnson, McElhany, Takis--Concerning patient access to eye care providers in a health coverage plan or managed care plan when eye care services are a covered benefit of such plan.
Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated March 6, 2000, and placed in member’s bill file; Report also printed in House Journal, March 7, pages 858-859.
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
HB00-1269 By Representatives Coleman, Dean, Kester, Miller, Takis, and Tochtrop; also Senator Epps--Concerning information technology access for individuals who are blind.
Amendment No. 1, Business Affairs & Labor Report, dated February 15, 2000, and placed in member’s bill file; Report also printed in House Journal, February 18, page 585 .
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage._______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representatives Hagedorn, Gordon, Saliman, Grossman, S. Williams, Gagliardi, Bacon, Keller, Leyba, Coleman, Tapia, Tupa, Clarke, Takis, Zimmerman, Plant, Vigil, and Mace moved to amend the Report of the Committee of the Whole to show that Amendment No. 1, by Representative Dean (printed in House Journal page 881, lines 39-41) to HB00-1192, did not pass, that the Judiciary Committee Report dated March 2, 2000, did pass, and that HB00-1192, as amended, did pass.
The amendment was declared lost by the following roll call vote:
YES 22 NO 39 EXCUSED 4 ABSENT 0
Alexander N
Allen E
Bacon Y
Berry N
Chavez N
Clapp N
Clarke Y
Coleman Y
Dean N
Decker N
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb N
Grossman Y
Hagedorn Y
Hefley N
Hoppe N
Johnson Y
Kaufman Y
Keller N
Kester E
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller N
Mitchell N
Morrison Y
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale N
Saliman Y
Scott N
Sinclair N
Smith E
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate E
Taylor N
Tochtrop N
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. Y
Williams T. N
Windels N
Witwer N
Young N
Zimmerman Y
Mr. Speaker Y
Representative Lawrence moved to amend the Report of the Committee of the Whole to show that the following Lawrence amendment, to SB00-095, did pass, and that SB00-095, as amended, did pass:
Amend reengrossed bill, page 4, line 14, after the period, add "Nothing in this subparagraph (II) shall be construed to exclude reimbursement to a certified optician who fills prescriptions for corrective eyewear when the coverage of such prescriptions is included in the health coverage plan or managed care plan.".
The amendment was declared lost by the following roll call vote:
YES 22 NO 39 EXCUSED 4 ABSENT 0
Alexander N
Allen E
Bacon N
Berry N
Chavez N
Clapp Y
Clarke N
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon N
Gotlieb N
Grossman N
Hagedorn N
Hefley Y
Hoppe N
Johnson N
Kaufman N
Keller Y
Kester E
King Y
Larson N
Lawrence Y
Lee Y
Leyba N
Mace N
May Y
McElhany Y
McKay Y
McPherson N
Miller N
Mitchell Y
Morrison Y
Nuņez N
Paschall Y
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott N
Sinclair N
Smith E
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis N
Tapia N
Tate E
Taylor N
Tochtrop N
Tool N
Tupa N
Veiga N
Vigil N
Webster Y
Williams S. N
Williams T. N
Windels N
Witwer Y
Young N
Zimmerman N
Mr. Speaker N
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB00-1016 amended, SB00-080, HB00-1069 amended, SB00-095 amended, HB00-1269 amended.
Lost on Second Reading: HB00-1192 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 61 NO 0 EXCUSED 4 ABSENT 0
Alexander Y
Allen E
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 E
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith E
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate E
Taylor Y
Tochtrop Y
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
_______________
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS
HB00-1172 by Representatives Gordon, George; also Senators Blickensderfer, Powers--Concerning the legislative council process for review of air quality state implementation plans.
(Amended as printed in Senate Journal, March 6, page 486, and on Third Reading as printed in Senate Journal, March 7.)
Representative Gordon moved that the House concur in Senate amend-ments. The motion was declared passed by the following roll call vote:
YES 60 NO 0 EXCUSED 5 ABSENT 0
Alexander Y
Allen E
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 E
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison E
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith E
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate E
Taylor Y
Tochtrop Y
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
The question being, "Shall the bill, as amended, pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative, and the bill, as amended, was declared repassed.
YES 61 NO 0 EXCUSED 4 ABSENT 0
Alexander Y
Allen E
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 E
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith E
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate E
Taylor Y
Tochtrop Y
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
Co-sponsors added: Representatives Paschall, Stengel.
HB00-1286 by Representatives Webster, Alexander, Hoppe, Johnson, Kester, Mitchell, Smith, Spradley, Stengel, Tool, Young; also Senators Chlouber, Dennis--Concerning the expenditure of money for the protection of livestock.
(Amended as printed in Senate Journal, March 6, page 488-489.)
Representative Webster moved that the House not concur in Senate amendments and that a Conference Committee be appointed with permission to go beyond the scope of the difference between the House and the Senate. The motion was declared passed by the following roll call vote:
YES 53 NO 8 EXCUSED 4 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman N
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester E
King Y
Larson Y
Lawrence Y
Lee N
Leyba Y
Mace Y
May Y
McElhany N
McKay Y
McPherson E
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall N
Pfiffner N
Plant N
Ragsdale Y
Saliman N
Scott Y
Sinclair Y
Smith E
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate E
Taylor Y
Tochtrop Y
Tool Y
Tupa N
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
The Speaker appointed Representatives Webster, Chairman, Hoppe and Miller as House conferees to the bill.______________
CONSIDERATION OF RESOLUTION
SJR00-007 by Senators Tanner, Rupert; also Representatives Leyba, Clarke, Tate--Concerning Harriet Tubman day.
On motion of Representative Dean, the rules were suspended and the resolution was given immediate consideration.
On motion of Representative Leyba, the resolution was read at length and adopted by viva voce vote.
Co-sponsors added: Roll call of the House._______________
REPORTS OF COMMITTEES OF REFERENCE
APPROPRIATIONS
After consideration on the merits, the Committee recommends the following:
HB00-1023 be rereferred favorably to the Committee on Health, Environment, Welfare & Institutions.
HB00-1033 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend the Judiciary Committee Report, dated January 11, 2000, page 1, line 3, strike ""Appropriation. (1)"" and substitute ""Appropriation -adjustment in 2000 long bill. (1)"";
line 13, strike "act."." and substitute the following:
(3) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:
(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by fifty-seven thousand three hundred twenty-one dollars ($57,321).
(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by fifty-seven thousand three hundred twenty-one dollars ($57,321).".".
HB00-1042 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 3, after line 4, insert the following:
"SECTION 5. Appropriation - adjustment in 2000 long bill. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of education, for the fiscal year beginning July 1, 2000, the sum of sixty-six thousand eight hundred twenty-seven dollars ($66,827), or so much thereof as may be necessary, for the implementation of this act.
(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:
(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by sixty-six thousand eight hundred twenty-seven dollars ($66,827).
(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by sixty-six thousand eight hundred twenty-seven dollars ($66,827).".
Renumber succeeding section accordingly.
Page 1, line 102, strike "plates." and substitute "plates, and making an appropriation in connection therewith.".
HB00-1053 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 1, line 7, strike "For income tax years" and substitute "(I) For any income tax year".
Page 2, line 1, after "2001,", insert "if, based on the financial report prepared by the controller in accordance with section 24-77-106.5, C.R.S., the controller certifies that the amount of state revenues for the state fiscal year ending in that calendar year exceeds the limitation on state fiscal year spending imposed by section 20 (7) (a) of article X of the state constitution and the voters statewide either have not authorized the state to retain and spend all of the excess state revenues or have authorized the state to retain and spend only a portion of the excess state revenues for that fiscal year,";
after line 10, insert the following:
"(II) Any state income tax modification allowed pursuant to the provisions of subparagraph (I) of this paragraph (m) shall be published in rules promulgated by the executive director in accordance with article 4 of title 24, C.R.S., and shall be included in income tax forms for that taxable year.
(III) If one or more ballot questions that seek authorization for the state to retain and spend all excess state revenues for the immediately preceding fiscal year are submitted to the voters at a statewide election to be held in November of any calendar year commencing on or after January 1, 2001, the executive director shall not determine whether the state income tax modification authorized by subparagraph (I) of this paragraph (m) shall be allowed and shall not promulgate rules containing said state income tax modification until the impact of the results of said election on the excess state revenues to be refunded is ascertained.
(IV) The general assembly hereby finds and declares that the state income tax modification authorized by subparagraph (I) of this paragraph (m) is a reasonable method of refunding a portion of the excess state revenues required to be refunded in accordance with section 20 (7) (d) of article X of the state constitution.".
HB00-1065 be referred to the Committee of the Whole with favorable recommendation.
HB00-1153 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend the Judiciary Committee Report, dated January 20, 2000, page 1, strike lines 7 through 13 and substitute the following: "All outstanding judgments and warrants that are in the department's records as of August 31, 2000, shall be deemed void for purposes of this section effective September 1, 2005.".
Page 2, strike lines 7 through 30 and substitute the following:
"SECTION 2. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any administrative processing cost or fee remitted or paid to the department of revenue pursuant to section 42-2-118 (3) (c), Colorado Revised Statutes, not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 2000, the sum of sixty-four thousand thirty-eight dollars ($64,038) and 0.7 FTE, or so much thereof as may be necessary, for the implementation of this act.".
HB00-1178 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 7, after line 2, insert the following,
"SECTION 5. Appropriation - adjustment in 2000 long bill. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 2000, the sum of eighty-four thousand seven hundred dollars ($84,700), or so much thereof as may be necessary, for the implementation of this act.
(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:
(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by eighty-four thousand seven hundred dollars ($84,700).
(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by eighty-four thousand seven hundred dollars ($84,700).".
Renumber succeeding section accordingly.
Page 1, line 102, strike "machinery." and substitute "machinery, and making an appropriation in connection therewith.".
HB00-1187 be referred to the Committee of the Whole with favorable recommendation.
HB00-1253 be postponed indefinitely.
HB00-1296 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend the Finance Committee Report, dated February 3, 2000, and substitute the following:
"Amend printed bill, page 9, line 20, strike the first comma;
line 24, strike "in any taxable year of";
strike line 25 and substitute the following:
"each year beginning in calendar year 2002 and continuing thereafter for ten years or, if the credit is carried forward pursuant to subsection (2) of this section, until the credit is fully utilized.".
Page 16, strike lines 7 and 8 and substitute the following:
"10-3.5-108. Distributions. (1) A certified capital company may make qualified distributions at any time.
(2) In order to make a";
strike line 12 and substitute the following:
"certified capital; except that:
(a) A certified capital company may";
line 16, strike "credits." and substitute the following:
"credits; and
(b) For purposes of satisfying the one hundred percent criterion specified in this subsection (2), a certified capital company that invests in a qualified business whose principal business operations, at the time of the investment, were located in a county with a population of less than one hundred fifty thousand shall be deemed to have invested one and one-half dollars for every dollar actually so invested.".
Page 20, line 4, strike "2000." and substitute "2001.";
line 7, strike "2000." and substitute "2001.";
line 14, strike "September 1, 2000." and substitute "January 1, 2002.";
after line 14, insert the following:
"(c) All direct and indirect expenditures incurred by the department of regulatory agencies in carrying out the responsibilities assigned to the department in this subsection (6) shall be paid from the department of insurance cash fund, created in section 10-1-103 (3).
SECTION 3. 10-1-103 (3), Colorado Revised Statutes, is amended to read:
10-1-103. Division of insurance - subject to termination - repeal of article. (3) All direct and indirect expenditures of the division shall be paid from the division of insurance cash fund, which fund is hereby created in the state treasury. All fees collected pursuant to sections 8-44-204 (7), C.R.S., 8-44-205 (6), C.R.S., 10-2-413, 10-3-108, 10-3-207, 10-3.5-104, 10-3.5-107, 10-12-106, 10-15-103, 10-16-110 (1) and (2), 10-16-111 (1), 10-16-503, 12-7-104, C.R.S., 24-10-115.5 (5), C.R.S., and 29-13-102 (5), C.R.S., and all taxes collected pursuant to section 10-3-209 (4) designated for the division of insurance, shall be transmitted to the state treasurer, who shall credit the same to the division of insurance cash fund. All moneys credited to the division of insurance cash fund shall be used as provided in this section and in section 24-1-122 (6), C.R.S., shall not be deposited in, or transferred to, the general fund of the state or to any other fund, and shall be subject to annual appropriation by the general assembly for the purposes authorized in this title and as otherwise authorized by law. In accordance with section 24-36-114, C.R.S., all interest derived from the deposit and investment of moneys in the fund shall be credited to the general fund.".
Renumber succeeding section accordingly.".
HB00-1329 be postponed indefinitely.
HB00-1345 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 7, after line 17, insert the following:
"(8) On and after July 1, 2000, the division may accept gifts, grants, and donations for the implementation of this part 31. Such gifts, grants, or donations received shall be transmitted to the state treasurer, who shall credit such moneys to the manufactured home fund, created in section 6-1-603, C.R.S.".
Page 12, line 9, strike "The" and substitute "On and after July 1, 2000, the".
Page 16, strike lines 10 and 11, and substitute the following:
"SECTION 2. Appropriation. In addition to any other appropriation, there is hereby appropriated, to the department of local affairs, division of housing, for the fiscal year beginning July 1, 2000, the sum of eight thousand dollars ($8,000). Such sum shall be cash funds exempt from the manufactured home fund.
SECTION 3. Effective date. This act shall take effect July 1, 2001; except that provisions related to abilities of the division of housing to accept gifts, grants, and donations in section 24-32-3103 (8), Colorado Revised Statutes, in section 1 of the act, and training to be implemented by the division of housing pursuant to section 24-32-3105 (9), Colorado Revised Statutes, in section 1 of the act, shall take effect July 1, 2000.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "homes." and substitute "homes, and making an appropriation in connection therewith."
HB00-1370 be rereferred favorably to the Committee on State, Veterans, & Military Affairs.
HB00-1380 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 5, after line 24, insert the following:
"SECTION 3. 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.".
Renumber succeeding section accordingly.
HB00-1393 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 3, after line 8, insert the following:
"SECTION 2. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the distributive data processing fund not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 2000, the sum of nine thousand two hundred forty dollars ($9,240), or so much thereof as may be necessary, for the implementation of this act.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "plates." and substitute "plates, and making an appropriation in connection therewith.".
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee recommends the following:
SB00-009 be referred to the Committee of the Whole with favorable recommendation.
SB00-068 be referred to the Committee of the Whole with favorable recommendation.
SB00-069 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 3, line 13, strike "said" and substitute "February 1, 2000.";
strike line 14.______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB00-1028, 1036, 1038, 1046, 1058, 1077, 1088, 1091, 1137, 1190, 1191, 1211, 1218, 1266, 1292, 1307, 1325; HJR00-1013; SB00-127, 130._______________
MESSAGE FROM THE SENATE
Mr. Speaker:
In response to the request of the House for a Conference Committee on
HB00-1179, the President appointed Senators Chlouber, Chm., Sullivant, and Nichol as members of the First Conference Committee on the part of the Senate._______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, the following items on the Calendar were laid over until March 13, retaining place on Calendar:
Consideration of General Orders--HB00-1420, SB00-035, 086, 067, 101, HB00-1417, SB00-055, HB00-1262, 1375, SB00-075, 187, 072, 103, 014, 171, 011, 093, HB00-1081, 1125, 1246, 1255, 1294, 1323, 1364, 1419, SB00-132, HB00-1083, SB00-039, 058, 138, 078.
Consideration of Resolutions--HJR00-1008, SJR00-005, HJR00-1011, 1012, 1007, HR00-1011, 1012.
Consideration of Senate Amendments--HB00-1243, 1047, 1138, 1151, 1271, 1029, 1283._______________
On motion of Representative Dean, the House adjourned until 10:00 a.m., March 13, 2000.
Approved:
RUSSELL GEORGE,
Attest: Speaker
JUDITH RODRIGUE,
Chief Clerk