1/3/100
3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
Thirtieth Legislative Day Thursday, February 3, 2000
Prayer by Pastor Brad Strait, South Fellowship, Littleton.
The Speaker called the House to order at 9:00 a.m.
The roll was called with the following result:
Present--64.
Excused--Representative Chavez--1.
The Speaker declared a quorum present._______________
On motion of Representative Windels, the reading of the journal of February 2, 2000, was dispensed with and approved as corrected by the Chief Clerk._______________
REPORTS OF COMMITTEES OF REFERENCE
APPROPRIATIONS
After consideration on the merits, the Committee recommends the following:
HB00-1201 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 27, 2000, page 4, strike line 3 and substitute the following:
"Page 5, strike lines 1 through 12 and substitute the following:
"SECTION 6. The introductory portion to 24-75-302 (2) and 24-75-302 (2) (m), (2) (n), and (2) (o) are amended, and the said 24-75-302 (2) is further amended BY THE ADDITION OF A 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, and on 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 four hundred forty-two thousand eight hundred fifty-two dollars pursuant to H.B. 00-1201, 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 one million one hundred sixteen thousand nine hundred seventy-one dollars pursuant to H.B. 00-1201, 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. assembly; plus one hundred twenty-one thousand five hundred sixty-seven dollars pursuant to H.B. 00-1201, enacted at the second regular session of the sixty-second general assembly; and
(p) On July 1, 2004, two hundred thirty-three thousand eight hundred seventy-two dollars pursuant to H.B. 00-1201, enacted at the second regular session of the sixty-second general assembly.".
Renumber succeeding sections accordingly.".
HB00-1214 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend the Judiciary Committee Report, January 27, 2000, page 2, line 23, strike "fifty-four thousand", and substitute "fifty thousand eighty-one dollars ($250,081).";
strike line 24;
strike lines 30 through 34.
Page 3, strike line 1;
line 2, strike "(II)" and substitute "(d)";
line 5, strike "eleven" and substitute "nine thousand three hundred thirteen dollars ($409,313).";
strike lines 6 through 12;
line 13, strike "(II)" and substitute "(e)";
strike lines 17 and 18, and substitute "nine thousand three hundred thirteen dollars ($409,313).".";
strike line 20 and substitute the following:
"Page 4, strike lines 1 through 6, and substitute the following:
"SECTION 3. 24-75-302 (2) (m), (2) (n), and (2) (o) 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, 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 four hundred sixteen thousand eight hundred two dollars pursuant to H.B. 00-1214, 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 four hundred sixteen thousand eight hundred two dollars pursuant to H.B. 00-1214, 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. assembly; plus two hundred fifty thousand eighty-one dollars pursuant to H.B.00-1412, enacted at the second regular session of the sixty-second general assembly.".
Renumber succeeding sections accordingly.".
HB00-1235 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 31, 2000, page 2, strike lines 14 through 20 and substitute the following:
"SECTION 2. 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 public safety, for the fiscal year beginning July 1, 2000, the sum of eighteen thousand four hundred eighty-one dollars ($18,481), 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 eighteen thousand four hundred eighty-one dollars ($18,481).
(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by eighteen thousand four hundred eighty-one dollars ($18,481).".
HB00-1241 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 27, 2000, page 2, strike lines17 through 23, and substitute the following:
""SECTION 4. 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 judicial department, for allocation to the office of state public defender, for the fiscal year beginning July 1, 2000, the sum of twenty-three thousand two hundred seventy-nine dollars ($23,279) and 0.5 FTE, 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 twenty-three thousand two hundred seventy-nine dollars ($23,279).
(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by twenty-three thousand two hundred seventy-nine dollars ($23,279).".".
Page 4, strike line 14 and substitute the following:
"Page 8, strike lines 1 through 9, and substitute the following:
"SECTION 6. The introductory portion to 24-75-302 (2) and 24-75-302 (2) (m), (2) (n), and (2) (o) are amended, and the said 24-75-302 (2) is further amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS, 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 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 two hundred forty-three thousand one hundred thirty-five dollars pursuant to H.B. 00-1241, 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 two hundred nineteen thousand one hundred ten dollars pursuant to H.B. 00-1241, 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. assembly; plus seven hundred forty-seven thousand three hundred forty-nine dollars pursuant to H.B. 00-1241, enacted at the second regular session of the sixty-second general assembly;
(p) On July 1, 2003, four hundred sixty-seven thousand one hundred sixty-six dollars pursuant to H.B. 00-1241, enacted at the second regular session of the sixty-second general assembly; and
(q) On July 1, 2004, thirty-four thousand seven hundred thirty-three dollars pursuant to H.B. 00-1241, enacted at the second regular session of the sixty-second general assembly.".
Renumber succeeding sections accordingly.".
HB00-1272 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 27, 2000, page 1, strike line 13 and substitute the following:
"Page 3, after line 7, insert the following:
"SECTION 2. 24-75-302 (2) (m), Colorado Revised Statutes, is 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, 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. 00-1272, enacted at the second regular session of the sixty-second general assembly.".
Renumber succeeding sections accordingly.".
EDUCATION
After consideration on the merits, the Committee recommends the following:
HB00-1159 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 13, insert the following:
"SECTION 3. 22-54-104 (5) (c) (II) (B), Colorado Revised Statutes, is amended, and the said 22-54-104 (5) (c) (II) is further amended BY THE ADDITION OF A NEW SUB-SUBPARAGRAPH, to read:
22-54-104. District total program - repeal. (5) For purposes of the formulas used in this section:
(c) (II) (B) Except as provided in subparagraph (IV) of this paragraph (c), for the 1998-99 budget year and budget years thereafter and 1999-2000 budget years, a district's cost of living factor shall be the greater of: The district's cost of living factor for the prior budget year or the cost of living factor determined by dividing the percentage change in the district's cost of living amount from the previous cost of living study to the current cost of living study by the lowest positive percentage change in the cost of living amount of all districts in the state, dividing said amount by one thousand and rounding to the nearest one-thousandth of one percent, and adding the result obtained to the district's cost of living factor for the prior budget year.
(B.1) Except as provided in subparagraph (IV) of this paragraph (c), for the 2000-01 budget year and budget years thereafter, a district's cost of living factor shall be the district's cost of living factor for the prior budget year, but, if the percentage change in the district's cost of living amount from the previous cost of living study to the current cost of living study is greater than the rate of inflation for the most recent calendar year preceding the budget year in which the cost of living factor is to take effect, a district's cost of living factor shall be determined by dividing the percentage change in the district's cost of living amount from the previous cost of living study to the current cost of living study by the rate of inflation for the calendar year preceding the budget year in which the cost of living factor is to take effect, dividing said amount by one thousand and rounding to the nearest one-thousandth of one percent, and adding the result obtained to the district's cost of living factor for the prior budget year. For purposes of this sub-subparagraph (B.1), "the rate of inflation" means the percentage change in the consumer price index for the Denver-Boulder consolidated metropolitan statistical area for all urban consumers, all goods, as published by the United States department of labor, bureau of labor statistics, or its successor index.".
Renumber succeeding sections accordingly.
Page 4, after line 4, insert the following:
"SECTION 6. 22-20-114 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
22-20-114. Funding of programs. (1) (b.8) (I) For the 2000-01 budget year and each budget year thereafter, in addition to any other moneys received pursuant to this subsection (1), five hundred thousand dollars shall be distributed to administrative units that have children with disabilities:
(A) For whom tuition is paid by the administrative units for such children to receive educational services at facilities approved by the state board pursuant to section 22-2-107 (1) (p) and
(B) For whom parental rights have been relinquished by the parents or terminated by a court, the parents of whom are incarcerated, the parents of whom cannot be located, the parents of whom reside out of the state but the department of human services has placed such children within the administrative unit, or who are legally emancipated.
(II) Said moneys shall be distributed in each budget year to administrative units based upon each administrative unit's share of the aggregate number of children with disabilities who are specified in subparagraph (I) of this paragraph (b.8); except that no administrative unit shall receive an amount that exceeds the aggregate amount of tuition paid by that administrative unit for such specified children with disabilities to receive educational services at facilities approved by the state board pursuant to section 22-2-107 (1) (p) during the immediately preceding budget year. For purposes of this paragraph (b.8), the number of children with disabilities that are specified in subparagraph (I) of this paragraph (b.8) shall be based upon the count taken in December of the immediately preceding budget year.
SECTION 7. 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 public school finance - total program, for the fiscal year beginning July 1, 2000, the sum of one hundred twenty-one million seven hundred twenty-two thousand three hundred twenty-nine dollars ($121,722,329), 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 public school fund reserves not otherwise appropriated, to the department of education for public school finance - total program, for the fiscal year beginning July 1, 2000, the sum of eight million five hundred fifty-four thousand two hundred ninety-five dollars ($8,554,295), or so much thereof as may be necessary, for the implementation of this act.
(3) 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 purpose of conducting a study of funding education programs for children with disabilities, for the fiscal year beginning July 1, 2000, the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, for the implementation of this act.
(4) (a) For the implementation of section 6 of this act, the general fund appropriation made in the annual general appropriation act to the department of education, for public school finance, special education - children with disabilities, for the fiscal year beginning July 1, 2000, shall be increased by five hundred thousand dollars ($500,000).
(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by five hundred thousand dollars ($500,000).".
Renumber succeeding section accordingly.
Page 1, line 101, strike "schools." and substitute "schools, and making an appropriation in connection therewith.".
HB00-1213 be postponed indefinitely.
HB00-1244 be postponed indefinitely.
HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS
After consideration on the merits, the Committee recommends the following:
HB00-1020 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 4, line 2, strike "seventeen" and substitute "fifteen";
line 4, strike "six" and substitute "five";
line 5, strike "six" and substitute "five";
line 13, strike "September" and substitute "August";
line 14, strike"eleven" and substitute "nine";
line 15, strike "six" and substitute "five".
Page 5, strike lines 2 and 3 and substitute the following:
"(IV) The state board for community colleges and occupational education;".
Renumber succeeding subparagraphs accordingly.
Page 5, strike lines 6 and 7.
Renumber succeeding subparagraphs accordingly.
Page 7, strike lines 7 and 8.
Reletter succeeding paragraphs accordingly.
Page 8, line 17, strike the first "December" and substitute "November" and strike the second "December" and substitute "November".
HB00-1074 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. 26-2-723 (4) (a), Colorado Revised Statutes, is amended to read:
26-2-723. Evaluation - audit committee - repeal. (4) (a) The goals of the evaluation shall be to obtain an objective analysis of the outcomes realized as a result of the implementation of the works program. Such outcomes shall include but not be limited to:
(I) The number of adults who leave the works program for employment;
(II) The extent to which job placements result in job retention;
(III) The rate at which participants return to the program after periods of employment;
(IV) The extent to which job placements are leading participants to long-term self-sufficiency, including but not limited to evaluation of the type of employment, rate of pay, employee benefits provided, and longevity of employment;
(V) The number of adults who leave the works program for other reasons;
(VI) The impact of the implementation of the works program on the medicaid, child care, and child welfare programs operated in the state;
(VII) The number of former participants who have received or are receiving transitional medicaid;
(VIII) The number of self-identified domestic violence victims.
SECTION 2. 26-2-716, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
26-2-716. County duties - county policies - appropriations - penalties - incentives - exit interviews. (9) A county department shall conduct exit interviews with participants leaving the Colorado works program and shall conduct sixty-day follow-up interviews with the same participants as much as practicable.
SECTION 3. Effective date. This act shall take effect July 1, 2000.
SECTION 4. 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.".
HB00-1205 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 5, line 14, strike "field of human";
line 15, strike "services" and substitute "social sciences";
strike lines 25 and 26, and substitute the following:
"C.R.S.;".
Page 6, strike lines 1 and 2;
line 17, strike "counselors." and substitute "counselors;";
after line 17, insert:
"(K) Unlicensed psychotherapists pursuant to part 7 of article 43 of title 12, C.R.S.".
HB00-1215 be referred favorably to the Committee on Appropriations.
LOCAL GOVERNMENT
After consideration on the merits, the Committee recommends the following:
HB00-1223 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 1, insert the following:
"(c) Land use planning in fringe areas of municipalities should take into account the location of the existing utilities, the long range utility plans of the existing utilities, and the plans of the municipalities to provide utility services.";
strike lines 10 through 26.
Strike page 4.
Page 5, strike lines 1 through 7.
Renumber succeeding sections accordingly.
Page 5, line 15, after "eligible", insert "on the date of the application";
line 22, after "days", insert "after the date of such application";
line 25, after "master", insert "or comprehensive";
line 26, strike "procedures." and substitute "procedures, including applicable zoning and subdivision regulations.".
Page 6, strike lines 10 through 19 and substitute the following:
"building, and related regulations. Without limiting the ability of local governments to cooperate or contract with each other under this or any other provision of law, counties may, pursuant to an agreement with a municipality, adopt by reference the municipality's development standards and requirements and enforce such standards and requirements when approving the development or redevelopment of land in any unincorporated area that is within three miles of the municipality or such other distance as may be agreed to by the county and the municipality where such development or redevelopment is likely to impact the municipality. Notwithstanding any".
Page 7, strike lines 4 through 6 and substitute the following:
"SECTION 4. 30-28-106 (3) (a) and (f), Colorado Revised Statutes, is amended, and the said 30-28-106 (3) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
30-28-106. Adoption of master plan - contents. (3) (a) The master plan of a county or region, with the accompanying maps, plats, charts, and descriptive and explanatory matter, shall show the county or regional planning commission's recommendations for the development of the territory covered by the plan and may include: The general location, character, and extent of streets or roads, viaducts, bridges, parkways, playgrounds, forests, reservations, parks, airports, and other public ways, grounds, places, and spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, sanitation, transportation, communication, heat, and other purposes; the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities, or terminals; methods for assuring access to sunlight for solar energy devices; the general character, location, and extent of community centers, town sites, housing developments, whether public or private, and urban conservation or redevelopment areas; the general location and extent of forests, agricultural areas, flood control areas, and open development areas for purposes of conservation, food and water supply, sanitary and drainage facilities, flood control, or the protection of urban development; and a land classification and utilization program. For informational purposes only, the master plan shall note the service territories of utilities certificated by the public utilities commission where such territories are within three miles of the municipal boundary.
(c.3) The master plan of a county or region may include a water supply element. When such plans include a water supply element, such element shall identify a legal and physical water supply element sufficient for the needs of the public and private infrastructure that is reasonably anticipated or identified in the planning process. Nothing in this paragraph (c.3) shall be construed to supercede, abrogate, or otherwise impair the allocation of water as provided for in sections 5 and 6 of article XVI of the state constitution or the "Water Right Determination and Administration Act of 1969", article 92 of title 37, C.R.S.
(f) The";
strike lines 14 through 16 and substitute the following:
"SECTION 5. 31-23-206 (1) (b) and (3), Colorado Revised Statutes, is amended, and the said 31-23-206 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
31-23-206. Master plan. (1) It is the duty of the commission to make and adopt a master plan for the physical development of the municipality, including any areas outside its boundaries, subject to the approval of the governmental body having jurisdiction thereof, which in the commission's judgment bear relation to the planning of such municipality. Such plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the commission's recommendations for the development of said territory including, but not limited to:
(b) The general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes, and, for informational purposes only, shall note the service territories of utilities certificated by the public utilities commission where such territories are within three miles of the municipal boundary.
(1.3) The master plan of a municipality may include a water supply element. When such plan includes a water supply element, such element shall identify a legal and physical water supply element sufficient for the needs of the public and private infrastructure that is reasonably anticipated or identified in the planning process. Nothing in this subsection (1.3) shall be construed to supercede, abrogate, or otherwise impair the allocation of water as provided for in sections 5 and 6 of article XVI of the state constitution or the "Water Right Determination and Administration Act of 1969", article 92 of title 37, C.R.S.
(3) The master plan of a municipality".
Page 10, line 5, after "corporation", insert "or a private entity that has consented to provide such services,";
line 14, strike "annexed." and substitute "annexed so long as such period does not exceed five years.";
strike lines 19 and 20 and substitute the following:
"amended to read:".
Page 11, strike lines 1 through 4 and substitute the following:
"of such municipal boundary in any one year. Within said three-mile area, the contiguity";
line 9, strike "three-mile said" and substitute "three-mile";
line 18, strike "three-mile" and substitute "three-mile";
line 19, strike "distance";
line 21, strike "three-mile said" and substitute "three-mile";
line 23, strike "three-mile" and substitute "three-mile".
Page 12, line 3, after "plan", insert "and each special district providing services within such area";
strike lines 7 through 11 and substitute the following:
(e.3) Notwithstanding any other provision of this subsection (1) to the contrary, a municipality and a special district may provide by intergovernmental agreement for the provision of services or facilities within any annexation area, including agreement not to exclude any property within such area from the special district pursuant to section 32-1-502 C.R.S.".
Page 13, line 12, after "are", insert "generally";
line 15, strike "32-1-204 (1)." and substitute "32-1-204 (1), if such facilities or services will be fully integrated with the facilities or services of the county or municipality.";
line 26, strike "district." and substitute "district unless otherwise consistent with any county or municipal master plan, comprehensive plan, annexation plan, or existing or proposed intergovernmental agreement.".
Page 14, line 17, strike "C.R.S." and substitute "C.R.S., and offer comments regarding the service plan to the board of county commissioners of each county where the special district is located.";
line 18, strike "plan," and substitute "plan for a special district that is proposed to be organized wholly or partly within a municipality,".
Page 16, line 10, after "or", insert "substantial or consequential";
line 20, after "municipality", insert "that has adopted a resolution of approval of the special district pursuant to section 32-1-204.5".
Page 17, line 2, strike "or" and substitute "or, if also requested by the county,";
line 3, strike the second "annual report" and substitute "annual report, if requested by the board of county commissioners or the governing body of any municipality in which the special district is wholly or partially located,";
after line 16, insert the following:
"SECTION 15. 38-5-108, Colorado Revised Statutes, is amended to read:
38-5-108. Consent necessary to use of streets. Nothing in this article shall be construed to authorize any person, partnership, association, corporation, or city or town to erect any poles, construct any electric light power line, or pipeline, or extend any wires or lines along, through, in, upon, under, or over any streets or alleys of any city, city and county, or incorporated town without first obtaining the consent of the municipal authorities having power to give the consent of such city, city and county, or incorporated town. Such city, city and county, or unincorporated town may not unreasonably deny, withhold, or condition such consent. Such consent shall be deemed to have been given to the certificated utility from and after the date of annexation or consolidation in all annexed or consolidated areas of such city, city and county, or incorporated town on identical terms of the existing franchise or other rights given to any utility providing such utility service in such city, city and county, or incorporated town.".
Renumber succeeding sections accordingly.
HB00-1264 be referred to the Committee of the Whole with favorable recommendation.
HB00-1321 be referred to the Committee of the Whole with favorable recommendation.
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee recommends the following:
HB00-1202 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 4, line 6, strike "or";
line 7, strike "law." and substitute "law; or"
after line 7, insert the following:
"(VIII) Information concerning values and lifestyles.";
line 19, strike "or reviewed;" and substitute "reviewed, or disseminated;".
Page 5, strike lines 2 through 14 and substitute the following:
"(d) Nothing in this subsection (5) shall be construed to prevent a public school employee from reporting known or suspected child abuse or neglect pursuant to section 19-3-304, C.R.S.".
Page 6, strike lines 12 through 14 and substitute the following:
"(c) Consent forms obtained pursuant to this section shall be retained by the school district.".
HB00-1249 be referred to the Committee of the Whole with favorable recommendation.
TRANSPORTATION AND ENERGY
After consideration on the merits, the Committee recommends the following:
HB00-1070 be referred to the Committee of the Whole with favorable recommendation.______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HJR00-1003._______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and transmitted to the Revisor of Statutes:
SB00-004, amended as printed in Senate Journal, January 31, page 186;
SB00-022, amended as printed in Senate Journal, January 31, page 186;
SB00-051, amended as printed in Senate Journal, January 31, page 186;
SB00-125, amended as printed in Senate Journal, February 1, page 194, and on Third Reading as printed in Senate Journal, February 2._______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended, SB00-004, 022, 051, and 125._______________
THIRD READING OF BILL--FINAL PASSAGE
The following bill was considered on Third Reading. The title was publicly read. Reading of the bill at length was dispensed with by unanimous consent.
HB00-1172 by Representatives Gordon, George; also Senators Blickensderfer, Powers--Concerning the legislative council process for review of air quality state implementation plans.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.
YES 43 NO 21 EXCUSED 1 ABSENT 0
Alexander Y
Allen N
Bacon Y
Berry N
Chavez E
Clapp N
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 N
King Y
Larson Y
Lawrence Y
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller Y
Mitchell Y
Morrison Y
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith Y
Spence N
Spradley N
Stengel N
Swenson Y
Takis Y
Tapia Y
Tate Y
Taylor Y
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
Co-sponsor added: Representative Mace._______________
REPORTS OF COMMITTEES OF REFERENCE
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee recommends the following:
HB00-1090 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 "activities related to" and substitute "building trades as such term is used in title 29 of the United States Code.";
strike lines 8 through 10;
line 17, after the period, add ""Temporary worker" also includes workers who are leased from an entity that provides temporary labor for the construction industry.".
Page 3, line 10, after the period, add "Safety training for temporary workers who are leased from an entity that provides temporary labor for the construction industry shall be provided by the entity from which such workers are leased.";
line 22, after the comma, insert "an insurance company,".
Page 4, line 2, strike "industry;" and substitute "industry in a job that involved safety training or provided safety training to others;";
line 4, strike "up to" and substitute "at least".
Page 5, after line 2, insert the following:
"(4) Employers may submit to the board verification from the employer's insurer that the employer's cost containment and
risk management program meets the requirements of subsection (3) of this section.";
strike lines 3 through 11 and substitute the following:
"SECTION 3. Effective date - applicability. (1) This act shall take effect July 1, 2001; except that this act shall not take effect unless moneys are appropriated for the cost containment and risk management program in the division of workers' compensation in the department of labor and employment as specified in the annual general appropriations act or in any other act making an appropriation for the fiscal year beginning July 1, 2001.
(2) The provisions of this act shall apply to all new applications for cost containment and risk management certification from the workers compensation cost containment board in the division of workers compensation submitted on or after the effective date of this act.
SECTION 4. 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.".
HB00-1175 be referred to the Committee of the Whole with favorable recommendation.
HB00-1188 be postponed indefinitely.
HB00-1204 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 21, strike "can" and substitute "should".
Page 5, strike lines 12-15.
Page 6, line 9, strike "service." and substitute "service when that person or entity's service or equipment is capable of allowing the display of the number.".
Page 7, line 17, strike "solicitations;" and substitute "solicitations. The designated agent shall provide either printed billing inserts or camera ready art for such inserts to the local exchange provider. The size of such single or double-sided, single sheet billing inserts shall be limited so that they will fit into billing envelopes without folding. If printed by the local exchange provider, such insert shall be printed on a paper of similar weight and finish to other billing inserts. If billing inserts are printed by the local exchange provider, the actual documented costs of such printing shall be reimbursed by the designated agent.".
Page 8, line 9, after "residential subscribers", insert "or local exchange providers".
Page 9, strike lines 19 through 26.
Page 10, strike lines 1 and 2 and substitute the following:
"(4) Names of people on the Colorado telemarketing no call list shall be subject to public inspection under the provisions of part 2 of article 72 of title 24, C.R.S. However, the public utilities commission, as custodian of the record, shall not provide the addresses or phone numbers of people on such list.";
line 20, after "thereto.", insert "The fee for internet access shall not exceed fifty dollars per year.";
after line 23, insert the following:
"(8) Information from the Colorado telemarketing no call list to be provided to persons or entities desiring to make telephone solicitations shall be limited to telephone numbers with or without associated zip codes of residential subscribers.".
Page 11, line 20, after "of", insert "basic local exchange service or";
strike lines 23 through 26.
HB00-1206 be referred to the Committee of the Whole with favorable recommendation.
JUDICIARY
After consideration on the merits, the Committee recommends the following:
HB00-1117 be postponed indefinitely.
HB00-1150 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 16, after "C.R.S.", add ";or";
after line 16, insert the following:
"(III) Is a sex offender as defined in section 16-13-803 (4), C.R.S.".
Page 3, strike lines 23 through 26.
Page 4, strike lines 1 through 12.
Renumber succeeding section accordingly.
HB00-1153 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 "(a), Colorado Revised Statutes, is" and substitute "(a) and (3), Colorado Revised Statutes, are".
Page 2, line 15, strike "clerk," and substitute "clerk on or after September 1, 2000,".
Page 3, line 4, strike "(A)";
line 7, strike "Before July 1," and substitute the following:
"The department shall coordinate with county and municipal courts in an attempt through electronic means to confirm the validity of such judgments and warrants. All judgments and warrants that are in the department's records as of August 31, 2000, that have not been confirmed within one year after request by the department for such confirmation shall be deemed void for purposes of this section.
(3) Upon such cancellation, the licensee must surrender the license so cancelled to the department, and thereafter such licensee shall be entitled to a hearing by the department if such license is returned and if such request is made within thirty days from the date of such cancellation; except that a denial or cancellation under paragraph (h) of subsection (1) of this section shall be deemed to be final agency action for judicial review purposes under section 24-4-104, C.R.S. Such hearing, if requested, shall be held no later than thirty days from the date of such cancellation. Notification of such cancellation shall be given as provided in section 42-2-119.";
strike lines 8 through 26.
Strike page 4.
Page 5, strike lines 1 through 7, and substitute the following:
“SECTION 2. 8-73-108, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
8-73-108. Benefit awards. (10) Notwithstanding subsection (4) of this section, on and after January 1, 2001, the division shall not grant a benefit award if the employee has an outstanding judgment or warrant issued by any district, county, or municipal court for the applicant's failure to appear before the court. If there is an outstanding warrant for or judgment against the employee, prior to receiving a benefit award, the employee shall provide the division with proof, in the form of a certificate issued by the clerk of the court entering the judgment or issuing the warrant, that the judgment or warrant is no longer outstanding.
SECTION 3. 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 six hundred sixty-one thousand five hundred ninety-three dollars ($661,593), or so much thereof as may be necessary, for the implementation of this act. Of said sum, four hundred twenty-nine thousand eight hundred fifty dollars ($429,850) shall be from the general fund, and two hundred thirty-one thousand seven hundred forty-three dollars ($231,743) shall be from 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.”.
Renumber succeeding section accordingly.
Page 1, line 102, strike “court.” and substitute "court, and making an appropriation in connection therewith.".
HB00-1158 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 20, insert the following:
"SECTION 2. 18-6-803.5 (1) and (1.5) (d), Colorado Revised Statutes, are amended to read:
18-6-803.5. Crime of violation of a restraining order - penalty - peace officers' duties. (1) A person commits the crime of violation of a restraining order if such person contacts, harasses, injures, intimidates, molests, threatens, or touches any protected person or enters or remains on premises or comes within a specified distance of a protected person or premises or violates any other provision of a restraining order to protect the protected person from imminent danger to life or health, and such conduct is prohibited by a restraining order, after such person has been personally served with any such order or otherwise has acquired from the court actual knowledge of the contents of any such order.
(1.5) As used in this section:
(d) "Restraining order" means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises or any other provision to protect the protected person from imminent danger to life or health, that is issued by a court of this state or a municipal court, and that is issued pursuant to article 14 of title 13, C.R.S., sections 14-4-101 to 14-4-105, C.R.S., section 14-10-107, C.R.S., section 14-10-108, C.R.S., section 18-1-1001, section 19-2-707, C.R.S., section 19-3-316, C.R.S., section 19-4-111, C.R.S., or rule 365 of the Colorado rules of county court civil procedure, an order issued as part of the proceedings concerning a criminal municipal ordinance violation, or any other order of a court that prohibits a person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises. For purposes of this section only, "restraining order" includes any order that amends, modifies, supplements, or supersedes the initial restraining order. "Restraining order" also includes any foreign protection order as defined in section 18-6-803.8.".
Renumber succeeding sections accordingly.
Page 3, line 2, strike "(5)," and substitute "(5) and (6)," and, strike "is" and substitute "are".
Page 4, after line 2, insert the following:
"(6) A copy of the complaint together with a copy of the temporary civil restraining order and a copy of the citation shall be served upon the defendant and upon the person to be protected, if the complaint was filed by another person, in accordance with the rules for service of process as provided in rule 304 of the rules of county court civil procedure or rule 4 of the Colorado rules of civil procedure. The citation shall inform the defendant that, if the defendant fails to appear in court in accordance with the terms of the citation, a bench warrant may be issued for the arrest of the defendant and if the restraining order is to prevent domestic abuse, the temporary restraining order previously entered by the court shall be made permanent without further notice or service upon the defendant.".
Page 6, line 6, strike “H.B. 00-____,” and substitute “H.B. 00-1158,”;
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 six hundred twenty-five thousand two hundred three dollars ($625,203).
(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 two hundred ninety-one thousand seven hundred sixty-one dollars ($291,761).
(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 two hundred thirty-six thousand one hundred forty-two dollars ($236,142).
(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 three hundred forty-six thousand three hundred forty-two dollars ($346,342).
(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 three hundred forty-six thousand three hundred forty-two dollars ($346,342).
(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 three hundred forty-six thousand three hundred forty-two dollars ($346,342).".
Page 7, strike lines 1 through 22, and substitute the following:
“SECTION 8. The introductory portion to 24-75-302 (2) and 24-75-302 (2) (m) and (2) (n), 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, 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 six hundred twenty-five thousand two Hundred three dollars pursuant to H.B. 00-1158, 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 two hundred ninety-one thousand seven hundred sixty-one dollars pursuant to H.B. 00-1158, enacted at the second regular session of the sixty-second general assembly; and”.
Renumber succeeding section accordingly.
HB00-1166 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 10, insert the following:
"SECTION 3. 16-11-104 (1) and (3), Colorado Revised Statutes, are amended to read:
16-11-104. Genetic testing. (1) (a) (I) In the case of any offender who is convicted of an offense involving unlawful sexual behavior or for which the underlying factual basis involves unlawful sexual behavior, if the court sentences the offender directly to incarceration in a county jail or to a community corrections facility pursuant to article 27 of title 17, C.R.S., the court shall also order that the offender submit to and pay for a chemical testing of the offender's blood to determine the genetic markers thereof.
(II) An offender shall submit to and pay for a chemical testing of the offender's blood to determine the genetic markers thereof if the offender is sentenced directly to incarceration in a county jail or to a community corrections facility pursuant to article 27 of title 17, C.R.S., for the conviction of any of the following offenses occurring on or after July 1, 2000:
(A) A crime of violence, as defined in 16-11-309 (2);
(B) Murder in the second degree, in violation of section 18-3-103 (1), C.R.S.;
(C) Assault in the first degree, in violation of section 18-3-202 (1), C.R.S.;
(D) Assault in the second degree, in violation of section 18-3-203 (1) (b), (1) (c), (1) (d), (1) (g), or (2) (b.5), C.R.S.;
(E) Second degree kidnapping, in violation of section 18-3-302 (4), C.R.S.;
(F) First degree arson, in violation of section 18-4-102 (3), C.R.S.;
(G) First degree burglary, in violation of section 18-4-202, C.R.S.;
(H) Aggravated robbery, in violation of section 18-4-302 (4), C.R.S.;
(I) Second degree burglary, in violation of section 18-4-203, C.R.S.; and
(J) Third degree burglary, in violation of section 18-4-204, C.R.S.
(b) The court shall direct the sheriff of the jurisdiction in which the jail or community corrections facility to which the offender is sentenced is located to collect the blood sample for testing pursuant to this section. The results of the testing shall be filed and maintained by the Colorado bureau of investigation. The results of such test shall be furnished to any law enforcement agency upon request.
(3) Any moneys received from offenders pursuant to subparagraph (I) of paragraph (a) of subsection (1) of this section shall be deposited in the sex offender identification fund created in section 24-33.5-415.5, C.R.S. Any moneys received from offenders pursuant to subparagraph (II) of paragraph (a) of subsection (1) of this section shall be deposited in the offender identification fund created in section 24-33.5-415.6, C.R.S.".
Renumber succeeding sections accordingly.
Page 2, line 17, strike "section" and substitute "section sections 16-11-104 (1) (a) (II) and";
line 20, strike "section" and substitute "section sections 16-11-104 (1) (a) (II) and";
strike lines 24 through 26, and substitute the following:
"SECTION 5. 16-11-308, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
16-11-308. Custody of department of corrections - procedure. (4.5) (a) While confined in the diagnostic center, the following offenders shall submit to a chemical testing of the offender's blood to determine the genetic markers:
(I) Any offender sentenced on or after July 1, 2000, as a habitual offender pursuant to the provisions of section 16-11-101; and
(II) Any offender convicted of one or more of the following offenses committed on or after July 1, 2000:
(A) Second degree burglary as described in section 18-4-203, C.R.S.; or
(B) Third degree burglary as described in section 18-4-204, C.R.S.
(b) The results of the testing conducted pursuant to paragraph (a) of this subsection (4.5) shall be filed and maintained by the Colorado bureau of investigation. The results of such test shall be furnished to any law enforcement agency upon request.".
Page 3, strike lines 1 through 12.
Page 4, line 9, strike "sections" and substitute "sections";
strike line 10 and substitute the following:
"16-11-104, 16-11-204.3, and 16-11-308 (4.5), C.R.S. and sections 17-2-201";
line 18, strike "sections 16-11-204.3 and" and substitute "sections 16-11-104, 16-11-204.3, and 16-11-308 (4.5), C.R.S., and";
line 19, strike "section 16-11-204.3, C.R.S., and";
after line 20, insert the following:
“SECTION 9. 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 corrections, for the fiscal year beginning July 1, 2000, the sum of nineteen thousand six hundred forty-four dollars ($19,644) and 0.5 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 judicial department, for the fiscal year beginning July 1, 2000, the sum of eleven thousand nine hundred seventy-nine dollars ($11,979), or so much thereof as may be necessary, for the implementation of this act.
(3) 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 public safety, for the fiscal year beginning July 1, 2000, the sum of one hundred twenty-seven thousand six hundred fifty dollars ($127,650) and 1.0 FTE, or so much thereof as may be necessary, for the implementation of this act.”.
Renumber succeeding sections accordingly.
Page 1, line 102, strike "offenders." and substitute "offenders, and making an appropriation in connection therewith.".
HB00-1195 be referred to the Committee of the Whole with favorable recommendation.
HB00-1232 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 “of each” and substitute “of, and a description of the offense or offenses committed by, each”;
line 9, after the semicolon, insert "and";
line 12, change the semicolon to a period;
strike lines 13 through 26.
Strike page 3.
Page 4, strike lines 1 through 4.
Page 5, line 3, after "herself.", insert "At the time that the person sits for the photograph or image, the person shall also supply a set of fingerprints to verify the person's identity.";
line 4, strike "image." and substitute "image and fingerprints.";
after line 20, insert the following:
"SECTION 6. 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 public safety, for the fiscal year beginning July 1, 2000, the sum of one hundred sixteen thousand five hundred fourteen dollars ($116,514) and 1.0 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 thirty-four thousand forty-four dollars ($34,044) 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 103, strike "behavior." and substitute "behavior, and making an appropriation in connection therewith.".
HB00-1239 be referred to the Committee of the Whole with favorable recommendation.______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred to the committees indicated:
SB00-002 by Senator Tebedo; also Representative Lee--Concerning jury service.
Committee on Judiciary
SB00-003 by Senator Perlmutter; also Representative Smith--Concerning exempt assets.
Committee on Judiciary
SB00-012 by Senator Musgrave; also Representative McKay--Concerning the deregulation of retail sales of specified telecommunications services, and, in connection therewith, deregulating retail directory assistance and private line services.
Committee on Business Affairs & Labor
SB00-017 by Senator Blickensderfer; also Representative May--Concerning permission for motor vehicle dealers to maintain business records at off-site locations in Colorado.
Committee on Transportation & Energy
SB00-022 by Senators Tebedo, Arnold, Linkhart, Pascoe, Wham; also Representatives Alexander, Hefley, Tupa, Williams S. --Concerning inspections of child care facilities, and, in connection therewith, increasing the number of child care inspectors, specifying a time frame within which child care facility inspectors are to respond to complaints lodged with the department of human services concerning a child care facility, and making an appropriation therefor.
Committee on Health, Environment, Welfare, & Institutions
Committee on Appropriations
SB00-023 by Senator Anderson; also Representative Hoppe--Concerning claims for reimbursement for the costs of handling hazardous substance incidents.
Committee on Local Government
SB00-029 by Senator Hillman; also Representative Young--Concerning the limitation of actions for nuisance against agricultural operations.
Committee on Agriculture, Livestock, & Natural Resources
SB00-033 by Senator Dennis; also Representative Hoppe--Concerning exemptions under the federal "Safe Drinking Water Act".
Committee on Agriculture, Livestock, & Natural Resources
SB00-035 by Senator Owen; also Representative Williams T.--Concerning a requirement that insurance companies comply with investment plans approved by their boards of directors.
Committee on Business Affairs & Labor
SB00-039 by Senator Evans; also Representative Spence--Concerning authorization for the use of moneys in the special building and technology fund to purchase building security technology.
Committee on Education
SB00-043 by Senator Chlouber; also Representative Spradley--Concerning dependency and neglect trials.
Committee on Judiciary
SB00-050 by Senator Epps; also Representative Lawrence--Concerning the extension of the regimented juvenile training program.
Committee on Judiciary
SB00-051 by Senators Tebedo, Arnold, Linkhart, Pascoe, Wham; also Representatives Spradley, Alexander, Hefley, Tupa, Williams S.--Concerning child care.
Committee on Health, Environment, Welfare, & Institutions
SB00-053 by Senators Musgrave, Dyer, Powers; also Representatives Mace, Gotlieb, May, Swenson, Williams S.--Concerning regulation of school buses.
Committee on Transportation & Energy
SB00-055 by Senator Wattenberg; also Representative Smith--Concerning moneys in the local government mineral impact fund, and, in connection therewith, requiring that income derived from the deposit and investment of the moneys in the local government mineral impact fund be credited to the fund.
Committee on Agriculture, Livestock, & Natural Resources
SB00-058 by Senator Dyer; also Representative Hoppe--Concerning the exemption of certain educational programs from the "Private Occupational Education Act of 1981".
Committee on Education
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.
Committee on Education
SB00-064 by Senator Arnold; also Representatives Spence, Keller, Saliman--Concerning the extension of the designation of the student loan division as an enterprise.
Committee on Education
SB00-066 by Senator Teck; also Representative Larson--Concerning the addition of suppliers of laborers to those persons who may file a mechanic's lien.
Committee on Business Affairs & Labor
SB00-067 by Senators Owen, Lacy, Tanner; also Representatives Saliman, Berry, Tool--Concerning allocation of funds under the Colorado works program.
Committee on Health, Environment, Welfare, & Institutions
SB00-069 by Senator Chlouber; also Representative Tool--Concerning payment of employee benefits under the "Workers' Compensation Act of Colorado" to a minor employee's family upon the death of the employee.
Committee on Business Affairs & Labor
SB00-073 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman-Concerning the repeal of the "Federal Mandates Act".
Committee on Appropriations
SB00-080 by Senator Perlmutter; also Representative Spradley--Concerning protections against unfair business practices.
Committee on Business Affairs & Labor
SB00-087 by Senator Epps; also Representative Gotlieb--Concerning the elimination of blood testing as an option for drivers under twenty-one years of age to determine blood alcohol levels.
Committee on Transportation & Energy
SB00-098 by Senator Sullivant; also Representative Scott--Concerning the use of moneys in a school district's special building and technology fund.
Committee on Education.
SB00-125 by Senators Owen, Lacy, Tanner; also Representatives Tool, Saliman, Berry--Concerning implementation of the national instant criminal background check system with the Colorado bureau of investigation serving as the state point of contact, and making an appropriation therefor.
Committee on Judiciary
Committee on Appropriations
SB00-130 by Senator Hillman; also Representative Kester--Concerning elimination of the ten-year duration requirement of credit life insurance.
Committee on Business Affairs & Labor______________
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title and referred to the committees indicated:
SJR00-003 by Senator Wattenberg; also Representative Young--Concerning additions and modifications to the water pollution control revolving fund eligibility list.
Committee on Agriculture, Livestock, & Natural Resources
SJR00-004 by Senator Wattenberg; also Representative Young--Concerning additions and modifications to the drinking water revolving fund eligibility list.
Committee on Agriculture, Livestock, & Natural Resources_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Kaufman, the following items on the Calendar were laid over until February 4, retaining place on Calendar:
Consideration of Special Orders--HB00-1145, 1148, 1161, 1154, 1037, 1137, 1190.
Consideration of General Orders--HB00-1138, 1089, 1040, 1108, 1216, 1105, 1011, 1084, 1276, 1001, 1218, 1009, 1029, 1165, 1229, 1208, 1149, 1124, 1222, 1099, 1080, 1008, 1047, 1012, 1164, 1194, 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 Kaufman, the House adjourned until 9:00 a.m., February 4, 2000.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk