2/17/100
3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
Seventy-third Legislative Day Friday, March 17, 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--59.
Excused--Representatives Clarke, Gordon, Lawrence, Spence--4.
Absent--Representatives Paschall, Tate--2.
Present after roll call--Representatives Lawrence, Paschall, Spence, Tate.
The Speaker declared a quorum present._______________
On motion of Representative Gagliardi, the reading of the journal of March 16, 2000, was dispensed with and approved as corrected by the Chief Clerk._______________
On motion of Representative Dean, HB00-1101, 1361, 1065, 1153, 1296, 1345, SB00-009, HB00-1187 shall be added to the Special Orders Calendar on Friday, March 17, 2000._______________
On motion of Representative Hoppe, the House resolved itself into Committee of the Whole for consideration of Special Orders and she 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.)
HB00-1361 by Representatives George, Gordon, Gotlieb, Hagedorn, Johnson, Kaufman, Morrison, Takis, Tool; also Senators Blickensderfer, Dyer, Feeley, Linkhart--Concerning the creation of an individual development account program.
Amendment No. 1, Finance Report, dated February 16, 2000, and placed in member’s bill file; Report also printed in House Journal, February 18, pages 626-629.
Amendment No. 2, Appropriations Report, dated March 10, 2000, and placed in member’s bill file; Report also printed in House Journal, March 13, pages 901-902.
Amendment No. 3, by Representative George.
Amend the Finance Committee Report, dated February 16, 2000, page 4, line 25, strike "program, whether" and substitute "program";
line 26, strike "the department or".
Amendment No. 4, by Representative George.
Amend the Finance Committee Report, dated February 16, 2000, page 2, after line 14, insert the following:
"line 21, strike "financial institution" and substitute "nonprofit organization designated by the state department of revenue in section 39-22-523, C.R.S.,";";
line 20, strike "year."." and substitute "year.";";
after line 20, insert the following:
"line 26, strike "a financial institution," and substitute "the nonprofit organization designated by the state department of revenue in section 39-22-523, C.R.S.,".";
strike lines 21 and 22, and substitute the following:
"Page 9, strike lines 3 through 6, and substitute the following:
"financial institution that a withdrawal was made for a purpose other than one authorized under section 26-2-1004 (1) and the individual development account shall be terminated by the financial institution.";".
Page 3, strike lines 1 and 2.
Amendment No. 5, by Representative Leyba.
Amend the Finance Committee Report, dated February 16, 2000, page 3, strike line 21, and substitute the following:
"(b) A history of success in the following areas:".
Amendment No. 6, by Representative Leyba.
Amend printed bill, page 3, line 11, strike "best";
line 17, after the semicolon, add "and";
strike lines 18 through 22.
Reletter succeeding paragraph accordingly.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1101 by Representative George--Concerning the authority of local governmental entities to provide financial assistance to growth-impacted local governmental entities through the utilization of intergovernmental agreements.
Amendment No. 1, Finance Report, dated February 9, 2000, and placed in member’s bill file; Report also printed in House Journal, February 11, page 461.
Amendment No. 2, Appropriations Report, dated March 10, 2000, and placed in member’s bill file; Report also printed in House Journal, March 13, page 900.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
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.
Amendment No. 1, by Representative Young.
Amend reengrossed bill, page 4, line 4, strike "institution." and substitute "institution or the commission.".
Page 5, strike lines 10 through 12 and substitute the following:
"(e.5) In the case of the commission, accept donations, income or other revenues and make grants to support commission programs; and
(f) Carry on such other activities as the governing board or the commission may deem appropriate for achieving the purposes of this section.
(6) At the discretion of the governing board of the state-supported institution of higher education, research facilities and personnel at their own institutions or campuses may be utilized to achieve the purposes of this section.".
Amendment No. 2, by Representative Young.
Amend reengrossed bill, page 2, after line 9, insert the following:
"SECTION 2. 23-1-102 (8), Colorado Revised Statutes, is amended to read:
23-1-102. Commission abolished - commission reestablished - terms of office. (8) (a) Notwithstanding other provisions of this section, on or after July 1, 1999, the governor, with the consent of the senate, shall appoint two additional members to the commission for terms ending on June 30, 2002 2003. except that one of the two additional members shall be appointed from the membership of the Colorado advanced technology institute commission as such commission existed prior to its abolition on July 1, 1999. Thereafter, members appointed pursuant to this subsection (8) shall serve for terms of four years.
(b) This subsection (8) is repealed, effective July 1, 2002.".
Renumber succeeding sections accordingly.
Amendment No. 3, by Representative Young.
Amend reengrossed bill, page 5, after line 16, insert the following:
"SECTION 3. 24-6-402 (1) (d), Colorado Revised Statutes, is amended to read:
24-6-402. Meetings - open to public. (1) For the purposes of this section:
(d) "State public body" means any board, committee, commission, or other advisory, policy-making, rule-making, decision-making, or formally constituted body of any state agency, state authority, governing board of a state institution of higher education including the regents of the university of Colorado, a nonprofit corporation incorporated pursuant to section 23-5-121 (2), C.R.S., or the general assembly, and any public or private entity to which the state, or an official thereof, has delegated a governmental decision-making function but does not include persons on the administrative staff of the state public body.
SECTION 4. 24-6-402 (3) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
24-6-402. Meetings - open to public. (3) (a) The members of a state public body subject to this part 4, upon the announcement by the state public body to the public of the topic for discussion in the executive session and the affirmative vote of two-thirds of the entire membership of the body after such announcement, may hold an executive session only at a regular or special meeting and for the sole purpose of considering any of the matters enumerated in paragraph (b) of this subsection (3) or the following matters; except that no adoption of any proposed policy, position, resolution, rule, regulation, or formal action shall occur at any executive session that is not open to the public:
(VII) With respect to nonprofit corporations incorporated pursuant to section 23-5-121 (2), C.R.S., matters concerning trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data furnished by or obtained from any person.
SECTION 5. 24-72-202 (6) (a) (I), Colorado Revised Statutes, is amended to read:
24-72-202. Definitions. As used in this part 2, unless the context otherwise requires:
(6) (a) (I) "Public records" means and includes all writings made, maintained, or kept by the state, any agency, institution, a nonprofit corporation incorporated pursuant to section 23-5-121 (2), C.R.S., or political subdivision of the state, or that are described in section 29-1-902, C.R.S., and held by any local government-financed entity for use in the exercise of functions required or authorized by law or administrative rule or involving the receipt or expenditure of public funds.".
Renumber succeeding section accordingly.
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
HB00-1065 by Representative Spradley; also Senator Wattenberg--Concerning the severance tax on oil and gas.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1153 by Representative Swenson; also Senator Arnold--Concerning the denial of certain privileges to persons who have failed to appear before a court.
Amendment No. 1, Judiciary Report, dated January 20, 2000, and placed in member’s bill file; Report also printed in House Journal, February 3, pages 305-306.
Amendment No. 2, Appropriations Report, dated March 10, 2000, and placed in member’s bill file; Report also printed in House Journal, March 10, pages 888-889.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1296 by Representative McPherson; also Senator Blickensderfer--Concerning creation of the "Certified Capital Company Act".
Amendment No. 1, Appropriations Report, dated March 10, 2000, and placed in member’s bill file; Report also printed in House Journal, March 10, pages 890-891.
Amendment No. 2, by Representative McPherson.
Amend the Appropriations Committee Report, dated March 10, 2000, page 1, strike lines 1 through 3 and substitute the following:
"Strike the Finance Committee Report, dated February 3, 2000, and substitute the following:
"Amend printed bill, page 4, line 25, strike "10-3.5-106;" and substitute "10-3.5-107;".
Page 5, line 18, strike "10-3.5-106." and substitute "10-3.5-107.".
Page 7, after line 13, insert the following:
"10-3.5-104. Executive director - rules. (1) In addition to the powers and duties conferred by law upon the executive director of the department, the executive director shall adopt, amend, and repeal all rules necessary and proper to carry out the provisions of this article.
(2) Notwithstanding any other provision of this article, the executive director shall annually review and adjust the fees charged under this article so that such fees generate revenue sufficient to recover the anticipated direct and indirect costs associated with carrying out the provisions of this article.".
Renumber succeeding C.R.S. sections accordingly.
Page 9, line 20, strike "10-3.5-106," and substitute "10-3.5-107";";
strike lines 10 and 11 of the committee report and substitute the following:
"Page 16, line 4, strike "of five thousand dollars;" and substitute "in an amount established by the executive director of the department;";
strike lines 7 and 8 and substitute the following:
"10-3.5-109. Distributions. (1) A certified capital company".
Page 2 of the committee report, line 10, strike "invested."." and substitute "invested.";";
after line 10 of the committee report, insert the following:
"line 26, strike "10-3.5-107" and substitute "10-3.5-108".
Page 17, line 3, strike "10-3.5-107," and substitute "10-3.5-108,";
line 12, strike "10-3.5-107," and substitute "10-3.5-108,".
Page 18, line 4, strike "10-3.5-107" and substitute "10-3.5-108";
line 6, strike "10-3.5-107" and substitute "10-3.5-108";
line 14, strike "10-3.5-107" and substitute "10-3.5-108".
Page 19, line 20, strike "10-3.5-109" and substitute "10-3.5-110".".
Amendment No. 3, by Representative McPherson.
Amend printed bill, page 13, line 16, strike "department" and substitute "office of economic development";
line 18, strike "department" and substitute "office of economic development";
line 22, strike "department" and substitute "office of economic development";
line 26, strike "department" and substitute "office of economic development".
Page 14, line 3, strike "department" and substitute "office of economic development";
line 5, strike "department" and substitute "office of economic development".
As amended, declared lost on Second Reading.
HB00-1345 by Representative Spradley; also Senator Musgrave--Concerning the regulation of installers of manufactured homes.
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, pages 585-587.
Amendment No. 2, Appropriations Report, dated March 10, 2000, and placed in member’s bill file; Report also printed in House Journal, March 10, pages 891-892.
Amendment No. 3, by Representative Spradley.
Amend the Appropriations Committee Report, dated March 10, 2000, page 1, line 20, strike "(9)," and substitute "(8),".
Amendment No. 4, by Representative Spradley.
Amend the Business Affairs and Labor Committee Report, dated February 15, 2000, page 3, line 11, strike "C.R.S."." and substitute "C.R.S.; except that damages shall be limited to the provisions of section 6-1-113 (2.7), C.R.S.".";
line 18, strike "C.R.S."." and substitute the following:
"C.R.S.
SECTION 3. 6-1-113, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
6-1-113. Damages. (2.7) Notwithstanding the provisions of subsection (2) of this section, in the case of any violation of section 6-1-105 (1) (rr), in addition to interest, costs of the action, and reasonable attorney fees as determined by the court, the prevailing party shall be entitled only to damages in an amount sufficient to refund moneys actually paid for the installation of a manufactured home not installed in accordance with the provisions of part 31 of article 32 of title 24, C.R.S.".".
Amendment No. 5, by Representative Spradley.
Amend the Business Affairs and Labor Committee Report, dated February 15, 2000, page 1, line 10, strike "and" and substitute "or";
after line 12, insert the following:
"Page 4, line 9, strike ""Installation"";
strike lines 10 and 11;
strike lines 14 through 17.
Renumber succeeding subsections accordingly.
Page 5, line 17, after "who" insert "installs the owner's own manufactured home";
after line 19, insert the following:
"(2) Each registered installer shall file with the division a letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer in the amount of ten thousand dollars for the performance of an installation pursuant to the manufacturer's instructions or standards promulgated by the division. The letter of credit, certificate of deposit, or surety bond shall be filed with the division at the same time the initial application for registration is filed.".
Renumber succeeding subsections accordingly.
Page 6, line 24, after "insurance", insert "and letter of credit, certificate of deposit, or surety bond", and strike "subsection (3)" and substitute "subsections (2) and (4)".";
strike line 13, and substitute the following:
"Page 7, line 3, strike "and indirect";
line 4, strike "and indirect";
line 7, strike "or the";
line 8, strike "local government unit";
strike lines 13 and 14, and substitute the following:".
Page 2, after line 2, insert the following:
"line 20, strike "installation,", and substitute "installation to the manufactured home,";";
strike line 4, and substitute the following:
"strike line 21, and substitute the following:
"to the division. The division or";
line 22, strike "local government unit" and substitute "independent contractor at the request of the division" and strike "its" and substitute "the division's".
Page 9, strike lines 8 through 21;
line 22, strike "(b)" and substitute "(3) (a)";
line 25, strike "this subsection (4);" and substitute "section 24-32-3103;";
Page 10, line 10, strike "(c)" and substitute "(b)";
line 11, strike "a local government unit." and substitute "an owner.";
line 12, strike "(5)" and substitute "(4)";
strike line 15, and substitute the following:
"division.";";
strike line 5, and substitute the following:
"line 16, strike "(6)" and substitute "(5) (a)";";
after line 5, insert the following:
"strike lines 17 through 20, and substitute the following:
"standard form to be used statewide by the division or an independent contractor as a certificate of installation certifying that";";
strike line 11 and substitute "division;";
strike line 24, and substitute the following:
"line 9, strike "(7)" and substitute "(6)".
Renumber succeeding subsections accordingly.
Page 11, line 10, strike "(6)" and substitute "(5)";
line 13, strike "complaint" and substitute "request";
strike line 14, and substitute the following:
"owner, installer, manufacturer, or retailer of a manufactured home. Such";";
strike line 27, and substitute the following:
"strike lines 16 through 18;
line 24, strike "owner" and substitute "party requesting the inspection".
Page 12, line 11, strike "The division shall";
strike lines 12 through 26, and substitute the following:
"The division may provide training for independent contractors.".
Page 13, strike lines 1 through 8, and substitute the following:
"All such independent contractors";
Reletter succeeding paragraph accordingly.".
Page 3, line 1, strike "Page 13,";
after line 1, insert the following:
"line 15, strike "inspector." and substitute "inspector or independent contractor.";";
strike lines 5 and 6, and substitute the following:
"Page 14, line 3, strike "division or the local government unit," and substitute "division,";
line 8, strike "local government unit" and substitute "independent contractor";
line 13, strike "certificate of application" and substitute "inspection";
line 14, strike "a local government unit" and substitute "an independent contractor";
strike lines 22 through 26, and substitute the following:
"statewide by the division.".";
strike line 13, and substitute the following:
""SECTION 2. 24-32-707 (1) (h) and (3), Colorado Revised Statutes, are amended to read:
24-32-707. Powers of board. (1) The board shall have the following powers:
(h) To promulgate rules and regulations establishing standards for the installation pursuant to part 31 of this article and setup of manufactured housing units as defined by this article. Any such rules and regulations promulgated by the board shall make provisions for enforcement of such rules and regulations by local governmental subdivisions of this state and may provide for additional regulation by such governmental subdivisions concerning special weather and topographical conditions in the area comprised by such governmental subdivisions.
(3) Nothing in this article shall be construed to prevent local governmental subdivisions of this state from enforcing rules and regulations for installation of manufactured housing as promulgated by the board and from collecting fees therefor.
SECTION 3. 6-1-105 (1), Colorado Revised Statutes, is".".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
SB00-009 by Senators Owen, Anderson, Andrews; also Representatives Larson, Clapp, Decker, Williams T.--Concerning the conduct of administrative law judges in the division of administrative hearings in the department of personnel, and, in connection therewith, requiring that such administrative law judges comply with the Colorado code of judicial conduct.
Ordered revised and placed on the Calendar for Third Reading and Final Passage.
HB00-1187 By Representatives McKay, Pfiffner, Nuņez, and Paschall; also Senator Lamborn--Concerning an exemption from state sales tax for occasional transactions, and, in connection therewith, exempting from state sales tax isolated or occasional sales and purchases of services and isolated or occasional sales, purchases, and leases of tangible personal property other than motor vehicles.
Amendment No. 1, Finance Report, dated February 2, 2000, and placed in member’s bill file; Report also printed in House Journal, February 4, pages 350-358.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage._______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representatives McElhany, Paschall, and King moved to amend the Report of the Committee of the Whole to show that HB00-1101, as amended, did not pass.
The amendment was declared lost by the following roll call vote:
YES 28 NO 35 EXCUSED 2 ABSENT 0
Alexander N
Allen Y
Bacon N
Berry N
Chavez N
Clapp Y
Clarke E
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon E
Gotlieb Y
Grossman N
Hagedorn N
Hefley Y
Hoppe N
Johnson Y
Kaufman N
Keller N
Kester Y
King Y
Larson N
Lawrence N
Lee Y
Leyba N
Mace N
May Y
McElhany Y
McKay Y
McPherson Y
Miller N
Mitchell Y
Morrison N
Nuņez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott N
Sinclair Y
Smith N
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis N
Tapia N
Tate N
Taylor N
Tochtrop N
Tool N
Tupa N
Veiga N
Vigil N
Webster Y
Williams S. N
Williams T. Y
Windels N
Witwer Y
Young Y
Zimmerman N
Mr. Speaker N
Representatives McElhany and Paschall moved to amend the Report of the Committee of the Whole to show that the following McElhany amendment, to HB00-1101, did pass, and that HB00-1101, as amended, did pass:
Amend printed bill, page 7, strike lines 8 through 10 and substitute the following:
"(II) Such proposal has been submitted to voters at a statewide election pursuant to paragraph (b) of this subsection (2) and such voters have authorized a temporary reduction of the state sales tax imposed pursuant to section 39-26-104, C.R.S., in such county or in such city or town.";
strike lines 22 through 26 and substitute the following:
"odd-numbered year and shall be conducted in accordance with the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S.".
Page 21, line 11, after "year,", insert "and such voters have authorized a temporary reduction of the state sales tax imposed pursuant to section 39-26-104 in such county or in such city or town,".
The amendment was declared lost by the following roll call vote:
YES 25 NO 38 EXCUSED 2 ABSENT 0
Alexander N
Allen Y
Bacon N
Berry N
Chavez N
Clapp Y
Clarke E
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon E
Gotlieb N
Grossman N
Hagedorn N
Hefley Y
Hoppe N
Johnson N
Kaufman N
Keller N
Kester Y
King Y
Larson N
Lawrence N
Lee Y
Leyba N
Mace N
May Y
McElhany Y
McKay Y
McPherson Y
Miller N
Mitchell Y
Morrison N
Nuņez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott N
Sinclair Y
Smith N
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis N
Tapia N
Tate N
Taylor N
Tochtrop N
Tool N
Tupa Y
Veiga N
Vigil N
Webster Y
Williams S. N
Williams T. N
Windels N
Witwer Y
Young N
Zimmerman N
Mr. Speaker N
Representatives Paschall, King, Fairbank, Scott, Pfiffner, McElhany, McKay, May, Nuņez, and Sinclair moved to amend the Report of the Committee of the Whole to show that HB00-1361, as amended, did not pass.
The amendment was declared lost by the following roll call vote:
YES 23 NO 40 EXCUSED 2 ABSENT 0
Alexander N
Allen N
Bacon N
Berry N
Chavez N
Clapp Y
Clarke E
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon E
Gotlieb N
Grossman N
Hagedorn N
Hefley Y
Hoppe N
Johnson N
Kaufman N
Keller N
Kester N
King Y
Larson Y
Lawrence N
Lee Y
Leyba N
Mace N
May Y
McElhany Y
McKay Y
McPherson Y
Miller N
Mitchell N
Morrison N
Nuņez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott Y
Sinclair Y
Smith N
Spence Y
Spradley Y
Stengel Y
Swenson N
Takis N
Tapia N
Tate N
Taylor N
Tochtrop N
Tool N
Tupa N
Veiga N
Vigil N
Webster Y
Williams S. N
Williams T. N
Windels N
Witwer Y
Young Y
Zimmerman N
Mr. Speaker N
Representatives Paschall, King, and Scott moved to amend the Report of the Committee of the Whole to show that the Appropriations Committee Report to HB00-1361, dated March 10, 2000, did not pass, and that HB00-1361, as amended, did pass.
The amendment was declared lost by the following roll call vote:
YES 21 NO 42 EXCUSED 2 ABSENT 0
Alexander N
Allen N
Bacon N
Berry N
Chavez N
Clapp Y
Clarke E
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon E
Gotlieb N
Grossman N
Hagedorn N
Hefley Y
Hoppe N
Johnson N
Kaufman N
Keller N
Kester N
King Y
Larson N
Lawrence N
Lee Y
Leyba N
Mace N
May Y
McElhany Y
McKay Y
McPherson N
Miller N
Mitchell Y
Morrison N
Nuņez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott Y
Sinclair Y
Smith N
Spence Y
Spradley Y
Stengel Y
Swenson N
Takis N
Tapia N
Tate N
Taylor N
Tochtrop N
Tool N
Tupa N
Veiga N
Vigil N
Webster N
Williams S. N
Williams T. N
Windels N
Witwer Y
Young Y
Zimmerman N
Mr. Speaker N
Representative McPherson moved to amend the Report of the Committee of the Whole to show that HB00-1296, as amended, did pass.
The amendment was declared lost by the following roll call vote:
YES 25 NO 38 EXCUSED 2 ABSENT 0
Alexander Y
Allen Y
Bacon N
Berry N
Chavez N
Clapp N
Clarke E
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon E
Gotlieb N
Grossman N
Hagedorn Y
Hefley Y
Hoppe N
Johnson Y
Kaufman Y
Keller N
Kester Y
King Y
Larson N
Lawrence N
Lee Y
Leyba N
Mace N
May Y
McElhany N
McKay N
McPherson Y
Miller Y
Mitchell N
Morrison N
Nuņez N
Paschall Y
Pfiffner N
Plant N
Ragsdale N
Saliman N
Scott N
Sinclair Y
Smith N
Spence Y
Spradley N
Stengel N
Swenson N
Takis N
Tapia N
Tate N
Taylor Y
Tochtrop N
Tool Y
Tupa N
Veiga N
Vigil Y
Webster N
Williams S. N
Williams T. N
Windels N
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB00-1361 amended, 1101 amended, SB00-061 amended, HB00-1065, 1153 amended, 1345 amended, SB00-009, HB00-1187 amended.
Lost on Second Reading: HB00-1296 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 63 NO 0 EXCUSED 2 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke E
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon E
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate Y
Taylor Y
Tochtrop Y
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
_______________
REPORTS OF COMMITTEES OF REFERENCE
AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES
After consideration on the merits, the Committee recommends the following:
HB00-1429 be referred favorably to the Committee on Appropriations.
APPROPRIATIONS
After consideration on the merits, the Committee recommends the following:
SB00-186 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend the Education Committee Report, dated March 15, 2000, page 11, line 5, change the semicolon to a period;
strike lines 6 through 30.
Page 12, strike lines 1 through 31.
Page 13, after line 18, insert the following:
"Page 96, line 20, strike "seven" and substitute "eight hundred twenty-seven thousand seven hundred fifty-nine dollars ($11,827,759) and 4.0 FTE,";
strike line 21;
line 25, after "($3,752,978)" insert "and 2.0 FTE".
Page 97, line 2, after "($2,497,169)" insert "and 1.0 FTE";
line 4, strike "eighteen thousand nine hundred" and substitute "seventy-seven thousand six hundred twelve dollars ($5,577,612) and 1.0 FTE";
line 5, strike "seventy-three dollars ($5,518,973)";";
line 19 of the Education Committee Report, strike "Page 97,".
FINANCE
After consideration on the merits, the Committee recommends the following:
HB00-1183 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 3, strike lines 2 and 3.
Renumber succeeding subsections accordingly.
Page 3, after line 7, insert the following:
"(3) "Commission" means the Colorado state boxing commission created in section 12-10-105.".
Renumber succeeding subsections accordingly.
Page 3, after line 9, insert the following:
"(5) "Department" means the department of regulatory agencies.
(6) "Director" means the director of the office of boxing created in section 12-10-104.".
Renumber succeeding subsections accordingly.
Page 3, after line 23, insert the following:
"(11) "Office" means the office of boxing created in section 12-10-104.".
Renumber succeeding subsections accordingly.
Page 4, strike lines 5 through 15 and substitute the following:
"12-10-104. Office of boxing - creation. There is hereby created, within the office of the executive director of the department of regulatory agencies, the office of boxing. The office of boxing and the Colorado state boxing commission, created in section 12-10-105, shall exercise their respective powers and perform their respective duties and functions as specified in this article under the department of regulatory agencies as if the same were transferred to the department by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.; except that the commission shall have full and exclusive authority to promulgate rules related to matches without any approval by, or delegation of authority from, the department.
12-10-105. Colorado state boxing commission - creation. (1) There is hereby created, within the office of boxing, the Colorado state boxing commission. The commission shall regulate matches in Colorado.".
Renumber succeeding C.R.S. sections accordingly.
Page 4, line 16, strike "authority" and substitute "commission".
Page 5, line 11, strike "authority" and substitute "commission";
line 14, strike "authority" and substitute "commission";
line 19, strike "authority" and substitute "commission".
Page 6, line 1, strike "authority" and substitute "commission";
line 3, strike "authority" and substitute "commission";
line 5, strike "authority" and substitute "commission";
line 7, strike "authority" and substitute "commission";
strike lines 17 through 26.
Page 7, strike lines 1 through 16 and substitute the following:
"12-10-106. General powers and duties of the commission. (1) In addition to any other powers specifically granted to the commission in this article, the commission shall issue such rules as are necessary".
Renumber succeeding subsections accordingly.
Page 8, line 13, strike "authority;" and substitute "commission;";
line 15, strike "authority" and substitute "commission";
strike lines 18 and 19.
Renumber succeeding subsections accordingly.
Page 8, line 20, strike "authority" and substitute "commission";
line 24, strike "authority" and substitute "commission";
line 26, after "Director -", insert "appointment -".
Page 9, strike lines 1 and 2 substitute the following:
"(1) The director shall be appointed by the executive director of the department and shall be under the immediate supervision of the commission. The executive director of the department may employ the director as an independent contractor who is compensated per match.
(2) The director shall:".
Renumber succeeding subsection accordingly.
Page 9, line 4, strike "authority;" and substitute "commission;";
line 10, strike "authority." and substitute "office.";
line 14, strike "authority" and substitute "commission";
line 16, strike "authority;" and substitute "commission;";
line 17, strike "authority" and substitute "commission";
line 23, strike "authority," and substitute "commission,";
line 24, after "any", insert "person,".
Page 10, line 3, strike "authority" and substitute "commission";
line 5, strike "authority;" and substitute "commission;";
line 6, strike "authority" and substitute "commission";
line 7, strike "authority," and substitute "commission,";
strike line 9 and substitute the following:
"(f) Advise the commission and recommend to the commission";
line 12, strike "authority" and substitute "commission";
line 13, strike "authority" and substitute "commission";
line 15, strike "authority;" and substitute "commission;";
line 16, strike "authority" and substitute "commission";
line 20, strike "authority," and substitute "commission,";
line 24, strike "authority;" and substitute "commission;";
line 26, strike "authority," and substitute "commission,".
Page 11, line 2, strike "authority" and substitute "commission";
after line 4, insert the following:
"12-10-108. Governmental immunity - limitation on liability. (1) The commission, any member of the commission, any person on the staff of the commission, any technical advisor appointed by the commission, and any independent contractor hired to perform or acting as a boxing inspector on behalf of the commission with whom the commission contracts for assistance shall be provided all protections of governmental immunity provided to public employees by article 10 of title 24, C.R.S., including, but not limited to, the payment of judgments and settlements, the provision of legal defense, and the payment of costs incurred in court actions. These protections shall be provided to the commission, commission members, staff, technical advisors, and independent contractors hired to perform or acting as a boxing inspector on behalf of the commission only with regard to actions brought because of acts or omissions committed by such persons in the course of official commission duties.
(2) The provisions of this section shall be construed as a specific exception to the general exclusion of independent contractors hired to perform or acting as a boxing inspector on behalf of the commission from the protections of governmental immunity provided in article 10 of title 24, C.R.S.".
Renumber succeeding C.R.S. sections accordingly.
Page 11, strike lines 5 through 23 and substitute the following:
"12-10-109. Fees - boxing cash fund - created. (1) The commission shall establish by rule, promulgated consistent with section 24-4-103, C.R.S., and collect nonrefundable license fees and may establish by rule and collect surcharges and other moneys as the commission deems necessary; except that such fees and surcharges shall not exceed the amount necessary to carry out the provisions of this article.
(2) It is the intent of the general assembly that all direct and indirect costs incurred in the implementation of this article be funded by annual registration and renewal fees and such other moneys collected by the commission pursuant to subsection (1) of this section. All fees collected by the commission shall be transmitted to the state treasurer, who shall credit the same to the boxing cash fund, which fund is hereby created. All moneys credited to such fund shall be used for the administration and enforcement of this article. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.";
line 24, strike "authority" and substitute "commission".
Page 12, line 1, strike "authority" and substitute "commission";
line 9, strike "authority" and substitute "commission";
line 12, strike "authority" and substitute "commission";
line 15, strike "authority" and substitute "commission";
line 18, strike "authority" and substitute "commission";
strike lines 23 through 26 and substitute the following:
"(5) Judicial review. Final commission actions and orders appropriate for judicial review may be judicially reviewed in the court of appeals in accordance with section 24-4-106 (11), C.R.S.".
Strike page 13.
Page 14, strike lines 1 through 10 and substitute the following:
"12-10-111. Repeal of article. (1) This article is repealed, effective July 1, 2010.
(2) Prior to such repeal, the office and the commission shall be reviewed as provided for in section 24-34-104, C.R.S.
SECTION 2. 24-34-104 (41), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (41) The following agencies, functions, or both, shall terminate on July 1, 2010:
(f) The office of boxing, including the Colorado state boxing commission, created by article 10 of title 12, C.R.S.
SECTION 3. 24-34-101 (1), Colorado Revised Statutes, is amended to read:
24-34-101. Department created - executive director. (1) (a) There is hereby created the department of regulatory agencies, the head of which shall be the executive director of the department of regulatory agencies, which office is hereby created. The executive director shall be appointed by the governor, with the consent of the senate, and he shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. The executive director shall have those powers, duties, and functions prescribed for heads of principal departments in the "Administrative Organization Act of 1968". The department of regulatory agencies shall be organized as provided in the "Administrative Organization Act of 1968"; but nothing in this part 1 shall be construed to prevent the establishment, combination, or abolition of divisions, sections, or units other than those created by law.
(b) The office of the executive director of the department of regulatory agencies shall also consist of the office of boxing, the head of which shall be the director of the office of boxing, pursuant to section 12-10-104, C.R.S.".
Renumber succeeding sections accordingly.
Page 1, line 102, after "the", insert "office of boxing and the";
line 103, strike "authority." and substitute "commission.".
HB00-1261 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 3, strike "amended" and substitute "amended, and the said 33-10-111 (5) (b) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH,".
Page 2, after line 12, insert the following:
"(IV) Subject to the limitation on its fee setting authority contained in paragraph (a) of this subsection (5), in order to manage the public's demand for services provided by the board, on and after July 1, 2001, the board may promulgate rules to:
(A) Set lower fees for particular facilities owned or operated by the board by any amount deemed necessary by the board; and
(B) Charge a park capacity fee on particular specified days or during particular specified seasons of up to four dollars at any park at which the board has determined that visitation or other capacity issues have significantly affected the park's resources and visitor experience. The board shall determine whether such capacity fee will be charged in conjunction with another fee or fees or be charged independently of any other fee. Once established, the board may increase any such park capacity fee subject to subparagraph (III) of this paragraph (b).".
SB00-074 be referred favorably to the Committee on Appropriations.
JUDICIARY
After consideration on the merits, the Committee recommends the following:
HB00-1433 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 4, after line 16, insert the following:
"SECTION 3. 4-3-307 (b) (2), Colorado Revised Statutes, is amended to read:
4-3-307. Notice of breach of fiduciary duty. (b) If (i) an instrument is taken from a fiduciary for payment or collection or for value, (ii) the taker has knowledge of the fiduciary status of the fiduciary, and (iii) the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply:
(2) In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is (i) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary or (ii) taken in a transaction known by the taker to be for the personal benefit of the fiduciary. or (iii) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.".
Renumber succeeding section accordingly.
HB00-1435 be referred to the Committee of the Whole with favorable recommendation.
SB00-003 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 "(3) and";
line 3, strike "are" and substitute "is";
strike lines 6 and 7.
Page 2, strike lines 1 through 6;
strike lines 18 through 21, and substitute the following:
"amended to read:
13-54-102. Property exempt. (1) The following property is".
Page 3, line 8, strike the second "and used" and substitute "and used or";
line 9, strike "by his" and substitute "by his".
Page 4, line 5, strike "for the purpose of carrying on any gainful occupation" and substitute "for the purpose of carrying on any gainful occupation";
line 6, after "dollars;", add "or";
line 9, strike "for the purpose of obtaining medical";
strike lines 10 and 11, and substitute the following:
"for the purpose of obtaining medical care for himself or his elderly or disabled dependent. The value of the vehicle shall not exceed three in the aggregate value of six";
line 23, after "owner;", add "The full amount of any federal or state earned income tax credit refund.";
strike lines 24 through 26.
Strike page 5.
Page 6, strike lines 1 through 21.
SB00-145 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 24 and substitute the following:
"contain the following information and, except in cases in which the obligee is receiving child support enforcement services pursuant to section 26-13-106, C.R.S., shall have a certified copy of the support order attached thereto:".
Page 10, after line 11, insert the following:
"(19) A person submitting a fraudulent notice to withhold income for support to an employer, trustee, or other payor of funds shall be subject to a fine of not less than one thousand dollars and court costs and attorney fees.";
line 13, strike "A NEW PARAGRAPH" and substitute "THE FOLLOWING NEW PARAGRAPHS";
line 15, strike "of income assignment." and substitute "to withhold income for support.";
line 22, strike "a notice of income assignment" and substitute "a notice of income assignment a notice to withhold income for support".
Page 11, line 5, strike "notice of income assignment" and substitute "notice of income assignment notice to withhold income for support";
line 9, strike "notice of income assignment shall contain:" and substitute "notice of income assignment notice to withhold income for support shall contain the following information and, except in cases in which the obligee is receiving child support enforcement services pursuant to section 26-13-106, C.R.S., shall have a certified copy of the support order attached thereto:";
after line 13, insert the following:
"(n) A statement that a fraudulent submission of a notice to withhold income for support shall subject the person submitting the notice to an employer, trustee, or other payor of funds to a fine of not less than one thousand dollars and court costs and attorney fees.
SECTION 4. 14-5-501, Colorado Revised Statutes, is amended to read:
14-5-501. Employer's receipt of income-withholding order of another state. An income-withholding order issued in another state may be sent by first class mail to the person or entity defined as the obligor's employer under the income-withholding law of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
SECTION 5. 14-5-502 (b), Colorado Revised Statutes, is amended to read:
14-5-502. Employer's compliance with income-withholding order of another state. (b) The employer shall treat a certified copy of an income-withholding order or an authenticated copy of an administrative order issued by the equivalent of a state child support enforcement agency or delegate child support enforcement unit of another state issued in another state which appears regular on its face as if it had been issued by a tribunal of this state. or by a delegate child support enforcement unit of this state.
SECTION 6. 14-10-115 (18), Colorado Revised Statutes, is amended to read:
14-10-115. Child support - guidelines - schedule of basic child support obligations - repeal. (18) (a) The child support guidelines and general child support issues shall be reviewed and the results of such review and any recommended changes shall be reported to the governor and to the general assembly on or before December 1, 1991, and at least every four years thereafter by a child support commission, which commission is hereby created. As part of its review, the commission must consider economic data on the cost of raising children and analyze case data on the application of, and deviations from, the guidelines to be used in the commission's review to ensure that deviations from the guidelines are limited. In addition, the commission shall review issues identified in the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104-193, including out-of-wedlock births and the prevention of teen pregnancy. The child support commission shall consist of no more than fifteen members. The governor shall appoint no fewer than two interested citizens to the commission. Eleven members of the commission appointed by the governor shall include a male custodial parent, a female custodial parent, a male noncustodial parent, a female noncustodial parent, a joint custodial parent, a parent in an intact family, a judge or court magistrate, the director of the division in the state department of human services which is responsible for child support enforcement or his or her designee, an attorney who is knowledgeable in child support, and a director of a county department of social services. In making his or her appointments to the commission, the governor shall attempt to assure geographical diversity by appointing at least one member from each of the congressional districts in the state. The remaining two members of the commission shall be a member of the house of representatives appointed by the speaker of the house of representatives and a member of the senate appointed by the president of the senate and shall not be members of the same political party. The parent representatives, attorney representative, public members, and the legislative members shall not be employees of public agencies or courts which deal with child support issues. Members of the child support commission shall not be compensated for their services on the commission; except that members shall be reimbursed for actual and necessary expenses for travel and mileage incurred in connection with their duties. The child support commission is authorized, subject to appropriation, to incur expenses related to its work, including the costs associated with public hearings, printing, travel, and research.
(b) (Deleted by amendment, L. 92, p. 188, § 1, effective August 1, 1992.)
(c) (Deleted by amendment, L. 91, p. 234, § 1, effective July 1, 1991.)
(d) (Deleted by amendment, L. 92, p. 188, § 1, effective August 1, 1992.)
(e) (Deleted by amendment, L. 94, p. 1536, § 5, effective July 1, 1994.)
(f) In reviewing the child support guidelines as required in paragraph (a) of this subsection (18), the child support commission shall study the following issues:
(I) The merits of a statutory time limitation or the application of the doctrine of laches or such other time-limiting provision on the enforcement of support judgments that arise pursuant to the provisions of section 14-10-122;
(II) Whether different time limitations on the enforcement of support judgments should apply depending on whether support payments are made directly to an obligee or whether such payments are made through the family support registry;
(III) The merits of support judgments arising automatically as provided in section 14-10-122 (1) (c); and
(IV) Whether support obligors should receive additional notice and an opportunity for hearing prior to execution on such judgments.".
Renumber succeeding sections accordingly.
Page 18, line 23, strike "assure" and substitute "assure,".
Page 19, line 19, after "(3)", insert "(a)";
line 24, strike "affidavit," and substitute "statement,";
line 25, strike "under penalty of perjury, together with the application" and substitute "together with the application,".
Page 20, after line 9, insert the following:
"SECTION 12. 14-14-113 (1) (a), Colorado Revised Statutes, is amended to read:
14-14-113. Recordation of social security numbers in certain family matters. (1) (a) (I) Except as otherwise provided in subparagraph (II) of this paragraph (a), effective July 1, 1997, every application for, or application for the renewal of, a professional or occupational license or certificate, a commercial driver's license pursuant to section 42-2-403, C.R.S., or a marriage license pursuant to section 14-2-105 sought by an individual person shall require the applicant's social security number. Such social security number shall be recorded on the application regardless of the licensing agency's use of another number on the social security field on the license. Nothing in this paragraph (a) shall be construed to require that a person's social security number appear on the professional or occupational license, commercial driver's license, or marriage license.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (a), if an applicant for a professional or occupational license, commercial driver's license, or marriage license submits a sworn statement, together with the application, stating that the applicant does not have a social security number, such applicant shall not be required to provide a social security number on his or her application as required in subparagraph (I) of this paragraph (a).".
Renumber succeeding sections accordingly.
SB00-154 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 10, strike "jurisdictions en" and substitute "jurisdictions, regardless of the number of times the person stops in any jurisdiction; or";
strike line 11.
Page 2, line 8, strike "jurisdictions en" and substitute "jurisdictions, regardless of the number of times the person stops in any jurisdiction; or";
strike line 9.
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee recommends the following:
HB00-1370 be amended as follows, and as so amended, be rereferred to the Committee on Appropriations with favorable recommendation:
Strike the State, Veterans, & Military Affairs Committee Report, dated February 17, 2000, and substitute the following:
"Amend printed bill, strike everything below the enacting clause, and substitute the following:
"SECTION 1. 29-5.5-103, Colorado Revised Statutes, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:
29-5.5-103. Definitions. As used in this article, unless the context otherwise requires:
(1) "Department" means the department of local affairs created in section 24-1-125, C.R.S.
(2) "Political subdivision of the state" shall have the same meaning as in article XII, section 15 of the Colorado constitution including, but not limited to, the regional transportation district.
(3) "Preference-eligible person" means a person who is eligible to receive additional points on a competitive examination pursuant to article XII, section 15, subsections (1) and (7) of the Colorado constitution.
(4) "Public employer" means any political subdivision of the state, including any municipality chartered or to be chartered under article XX of the Colorado constitution.
(5) "Public employment" means any position of employment with a public employer.
SECTION 2. Article 5.5 of title 29, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:
29-5.5-104.5. Prohibited personnel actions. (1) No public employer and no employee of a public employer shall:
(a) Knowingly take, recommend, or approve any personnel action if such personnel action would violate the rights of a preference-eligible person as set forth in this article and in article XII, section 15 of the Colorado constitution; or
(b) Willfully disqualify a preference-eligible person from public employment on the basis of national guard or reserve duty status.
29-5.5-106. Enforcement - public employer - remedies - rules. (1) Violations of any of the provisions of this article or any rules promulgated pursuant to this article:
(a) May be restrained or enjoined by any court of competent jurisdiction when all administrative remedies have been exhausted; and
(b) Shall constitute grounds for an aggrieved person to bring a cause of action in any court of competent jurisdiction for damages when all administrative remedies have been exhausted. The aggrieved person may also recover costs and reasonable attorney fees.
(2) The remedies set forth in subsection (1) of this section are in addition to any other remedies permitted by law.
29-5.5-107. Task force - creation - duties - report - repeal. (1) In order to study the implementation of veterans employment preferences set forth in article XII, section 15 of the Colorado constitution, there is hereby created the Colorado veterans preference in public employment task force. The task force shall consist of sixteen members selected as follows:
(a) Three members representing veterans selected by a statewide association representing veterans organizations;
(b) Three members representing counties selected by a statewide association representing counties;
(c) Three members representing municipalities selected by a statewide association representing municipalities;
(d) Three members representing special districts selected by a statewide association representing such special districts;
(e) Three members representing school districts selected by a statewide association representing school district boards of education;
(f) One member selected by the governor who shall serve as chairperson of the task force.
(2) The term of office of each member of the task force shall commence on July 1, 2000.
(3) The members of the task force shall serve without compensation but shall be reimbursed for all necessary and actual expenses incurred in the performance of their duties. Such members shall receive reimbursement for no more than six meetings.
(4) The task force shall meet at least four times and as convened by the chairperson.
(5) The department is authorized to contract with any public or private entity for all or part of the professional and support services required to implement the provisions of this section.
(6) Duties. (a) In carrying out its duties and functions under this section, the task force shall perform or consider, but need not be limited to, the following:
(I) Appropriate implementation by public employers of the provisions of article XII, section 15 of the Colorado constitution;
(II) With the assistance of the department, compilation of a statewide survey of public employers in the state regarding current implementation of the provisions of article XII, section 15 of the Colorado constitution;
(III) With the assistance of the department, development of model veterans preference programs that shall be disseminated to all public employers in the state;
(IV) Methods for educating public employers on the implementation of veterans preference policies and the hiring of veterans generally; and
(V) Recommendations for any statutory changes, if necessary, to assist in the full implementation of the provisions of article XII, section 15 of the Colorado constitution.
(b) The task force shall report its findings to the house of representatives and senate committees on state, veterans, and military affairs no later than January 5, 2001.
(7) This section is repealed, effective July 1, 2001.
SECTION 3. 29-5.5-105, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
29-5.5-105. Appeals. (4) Any applicant, after exhausting all administrative remedies, may appeal the decision rendered pursuant to this section to any court of competent jurisdiction.
SECTION 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 department of local affairs, for the fiscal year beginning July 1, 2000, the sum of eighty thousand dollars ($80,000), 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 thousand dollars ($80,000).
(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by eighty thousand dollars ($80,000).
SECTION 5. 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.".".
HB00-1434 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 9, strike lines 16 through 26.
Page 10, strike lines 1 through 10.
Renumber succeeding sections accordingly.
Page 17, line 10 strike "The";
strike lines 11 and 12, and substitute the following:
"The governor shall provide an annual report of the activities of the GCVTC or its successor bodies to the general assembly until such time as the governor has forwarded to the federal environmental protection agency notification that the state shall comply with the provisions of Title 40, code of federal regulations, part 51.308, adopted in accordance with the federal act. The goal of this process".______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed: HB00-1446, 1447, 1448, 1449, 1450._______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: SJR00-008._______________
MESSAGES FROM THE SENATE
Mr. Speaker:
The Senate has postponed indefinitely and returns herewith: HB00-1206._________
In response to the request of the House for a Conference Committee on
HCR00-1001, the President appointed Senators Anderson, Chm., Hillman, and Reeves as members of the First Conference Committee on the part of the Senate._________
The Senate has passed on Third Reading and transmitted to the Revisor of Statutes:
HB00-1309, amended as printed in Senate Journal, March 16, pages 638-639._______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended, HB00-1309._______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, the following items on the Calendar were laid over until March 20, retaining place on Calendar:
Consideration of General Orders--SB00-103, 171, HB00-1125, 1246, SB00-078, 160, HB00-1033, 1042, 1053, 1178, 1380, 1393, SB00-057, 068, 069, 106, 144, HB00-1426, SB00-189, 024, HB00-1076, 1331, 1067, SB00-195, 191.
Consideration of Resolutions--HJR00-1008, SJR00-005, HJR00-1011, 1012, 1007, HR00-1011, 1012, HJR00-1014, 1016, 1017.
Consideration of Senate Amendments--HB00-1243, 1047, 1138, 1151, 1271, 1029, 1283, 1139, 1267, 1268, 1297, 1040, 1105, 1112, 1180, 1391._______________
On motion of Representative Spradley, the House adjourned until 10:00 a.m., March 20, 2000.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk