3/25/100
3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
One Hundred-eleventh Legislative Day Monday, April 24, 2000
Prayer by Representative Bill Kaufman.
The Speaker called the House to order at 10:00 a.m.
The roll was called with the following result:
Present--50.
Excused--Representatives Allen, Bacon, Berry, Lawrence, McPherson, Mitchell, Saliman, Sinclair, Spence, Tapia, Tool, Vigil, Young--13.
Absent--Representatives Clarke, Williams T.--2.
Present after roll call--Representatives Allen, Bacon, Berry, Clarke, Lawrence, McPherson, Mitchell, Saliman, Spence, Tapia, Tool, Vigil, Williams T., Young.
The Speaker declared a quorum present._______________
On motion of Representative Mitchell, the reading of the journal of April 19, 2000, was dispensed with and approved as corrected by the Chief Clerk._______________
REPORT OF COMMITTEE OF REFERENCE
AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES
After consideration on the merits, the Committee recommends the following:
HJR00-1027 be amended as follows and as so amended, be referred out for final action:
Amend printed joint resolution, page 2, strike lines 32 through 41 and substitute the following:
"(h) An analysis of the Division's budgets, including the use of resources for lobbying and the use of technology to improve customer service and to increase the efficiency of the division's operations;
(i) An analysis of the Division's current payment and refund requirements for different licenses;".
Page 3, after line 19, add the following:
"(5) That the interim committee shall submit its written findings and recommendations, including, but not limited to, any recommended legislation, to the Legislative Council no later than October 15, 2000. Legislation recommended by the interim committee shall be treated as legislation recommended by any other interim committee for purposes of any introduction deadlines or bill limitations imposed by the Joint Rules of the Senate and the House of Representatives.
(6) That the Legislative Council staff and the Office of Legislative Legal Services shall be made available to assist the interim committee in carrying out its duties."._______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: SB00-069, 190._______________
MESSAGES FROM THE SENATE
Mr. Speaker:
The Senate has postponed indefinitely and returns herewith: HB00-1168._________
The Senate has adopted and transmits herewith: SJR00-025.______________
INTRODUCTION OF RESOLUTION
The following resolution was read by title and laid over one day under the rules:
SJR00-025 by Senators Congrove, Dyer, Owen; also Representative Sinclair--Concerning Colorado Civil Air Patrol Cadet Program Day.______________
CONSIDERATION OF RESOLUTION
HJR00-1039 by Representative Plant; also Senator Phillips--Concerning permanent preservation of the Rocky Flats buffer zone as open space.
(Printed and placed in member's file; also printed in House Journal, April 13, pages 1502-1503.)
Amendment No. 1, moved by Representative Plant.
Amend printed resolution, page 2, line 11, strike "H.R. 2179 will also" and substitute "Any federal legislation related to Rocky Flats should";
strike lines 15 through 22 and substitute the following:
"WHEREAS, Any federal legislation related to Rocky Flats should fully involve the public and local communities in deciding how the site will be manages as open space and for wildlife habitat; and
WHEREAS, U.S. Senator Wayne Allard and U.S. Representative Mark Udall have proposed federal legislation that would preserve the open space and wildlife resources of Rocky Flats while also ensuring a thorough and timely cleanup and closure of the site; now, therefore,";
strike lines 27 and 28 and substitute the following:
"expresses its support for efforts by Senator Allard and Representative Udall to preserve the open space and wildlife habitat resources of Rocky Flats while also ensuring a thorough and timely cleanup and closure of the site, and urges the rest of the Colorado Congressional Delegation and the United States Congress to support their legislative efforts.
Be It Further Resolved, That the General Assembly of the State of Colorado urges Senator Allard and Representative Udall to work together to develop a single legislative vehicle that accomplishes the goals of open space protection and wildlife habitat preservation of the entire existing site, and an effective, thorough, and timely cleanup that they could then jointly sponsor and introduce in the U.S. Senate and the U.S. House of Representatives.".
Laid over until April 25, retaining place on Calendar._______________
On motion of Representative Dean, HB00-1449, 1454, SB00-071, HB00-1466, 1472, 1482, 1478, 1464, 1480, 1034, 1475, 1476, 1486, 1219, 1481, 1490 shall be made Special Orders on Monday, April 24, 2000, at 10:31 a.m._______________
The hour of 10:31 a.m., having arrived, on motion of Representative Taylor, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman._______________
SPECIAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been dispensed with by unanimous consent), the bills considered and action taken thereon as follows:
(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)
HB00-1449 by Representative Stengel; also Senator Wattenberg--Concerning authorization for the wildlife commission to increase fees by an aggregate amount that does not exceed any restriction on state spending contained in section 20 of article X of the state constitution.
Laid over until May 4.
HB00-1454 by Representatives Dean, McPherson, Pfiffner, and Scott; also Senator Feeley--Concerning the creation of the structured settlement financing corporation, and, in connection therewith, authorizing the corporation and the state treasurer to enter into an agreement that would allow the corporation to purchase the state's right to receive all or any portion of the tobacco litigation settlement damages payments scheduled to be received by the state before a specified date and requiring the corporation to issue bonds to fund any such purchase.
Amendment No. 1, Finance Report, dated March 29, 2000, and placed in member’s bill file; Report also printed in House Journal, March 31, pages 1235-1240.
Amendment No. 2, by Representative Dean.
Amend the Finance Committee Report, dated March 29, 2000, page 8, line 2, strike "C.R.S."." and substitute "C.R.S.";";
after line 2, insert the following:
"after line 26, insert the following:
"24-82.5-210. Repeal of article. (1) This article is repealed, effective December 31, 2002, unless the corporation enters into a property sale contract with a third party pursuant to section 24-82.5-204 or issues bonds pursuant to section 24-82.5-205 prior to said date.
(2) No later than January 15, 2003, the state treasurer shall notify the revisor of statutes that this article is to be repealed if the corporation did not enter into a property sale contract with a third party pursuant to section 24-82.5-204 or issue bonds pursuant to section 24-82.5-205 prior to December 31, 2002.".".
Amendment No. 3, by Representative Dean.
Amend the Finance Committee Report, dated March 29, 2000, page 3, line 30, strike "by the";
line 31, strike "state auditor in accordance with" and substitute "as required by".
Page 4, line 10, after ""(2)", insert "(a)";
line 19, strike "contract.";" and substitute "contract.";
after line 19, insert the following:
"(b) In addition to the limitation set forth in paragraph (a) of this subsection (2), the state treasurer may not enter into any property sale contract that would transfer to the corporation less than fifty percent of the state's right to receive damages payments scheduled to be received by the state during a specified time period pursuant to the terms of the settlement agreement.";".
Amendment No. 4, by Representative Tate.
Amend the Finance Committee Report, dated March 29, 2000, page 5, line 29, strike "board.";" and substitute "board.";
after line 29, insert the following:
"(4) Notwithstanding any other provision of this part 2, the corporation shall not enter into any property sale contract pursuant to this part 2 with any third party that is a corporation or other business entity and a party to the tobacco litigation settlement or with any assignee, agent, partner, corporate parent, affiliate, subsidiary, or successor in interest of any such third party.";".
Page 6, line 30, after "thereof.", add "However, the corporation shall not sell bonds at private sale to any corporation or other business entity that is a party to the tobacco litigation settlement or to any assignee, agent, partner, corporate parent, affiliate, subsidiary, or successor in interest of any such corporation or other business entity.".
Amendment No. 5, by Representative Dean.
Amend the Finance Committee Report, dated March 29, 2000, page 7, line 10, strike "Any" and substitute "Unless otherwise provided in a bond resolution, the income from any bonds issued pursuant to this part 2 shall be exempt from all state taxation. However, any".
Page 8, after line 2, insert the following:
"Page 1, strike lines 108 and 109 and substitute the following:
"date.".".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1472 by Representative George; also Senator Powers--Concerning public disclosure of certain information pertaining to electoral activity by issue committees for purposes of satisfying the reporting requirements of the "Fair Campaign Practices Act".
Amendment No. 1, State, Veterans, & Military Affairs Report, dated April 13, 2000, and placed in member’s bill file; Report also printed in House Journal, April 17, page 1590.
Amendment No. 2, by Representative George.
Amend the State, Veterans, and Military Affairs Committee Report, dated April 13, 2000, page 1, line 3, strike "The separate segregated account of any" and substitute "Any";
strike lines 17 through 19.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1482 by Representative Mitchell--Concerning the authority of a city that has been authorized to become a city and county pursuant to an amendment to the state constitution that has been approved by the registered electors of the state of Colorado to form a local improvement district to provide certain improvements in the district.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1478 by Representatives Dean, Morrison, Alexander, Allen, Clarke, Gordon, Hefley, Keller, Stengel, and Williams T.; also Senator Wham--Concerning health care coverage parity for prosthetic devices.
Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated April 17, 2000, and placed in member’s bill file; Report also printed in House Journal, April 18, pages 1618-1619.
Amendment No. 2, by Representative Morrison.
Amend the Health, Environment, Welfare, and Institutions Committee Report, dated April 17, 2000, page 1, line 16, strike "standard model" and substitute "most appropriate model".
Page 2, line 11, strike "carrier."." and substitute "carrier to the extent that a carrier provides in-network and out-of-network services, the coverage for the prosthetic device shall be offered no less extensively.".".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1464 by Representative Allen; also Senator Owen--Concerning students admitted to institutions of higher education.
Amendment No. 1, Education Report, dated April 17, 2000, and placed in member’s bill file; Report also printed in House Journal, April 18, pages 1616-1617.
Amendment No. 2, by Representative Allen.
Amend the Education Committee Report, dated April 17, 2000, page 1, line 2, change the period to a semicolon;
after line 2, insert the following:
"line 11, after "Mesa state college,", insert "any local community college,".";
line 4, change the period to a semicolon;
after line 4, insert the following:
"line 14, after "education,", insert "local community colleges,".";
strike line 11 of the committee amendment and substitute the following:
"this section.
(6) For purposes of this section, "local community college" shall include Aims community college, Colorado mountain college, northeastern junior college, and Colorado northwestern community college.".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1480 by Representative George; also Senator Dyer--Concerning conflict of interest requirements for members of the oil and gas conservation commission.
Amendment No. 1, Judiciary Report, dated April 18, 2000, and placed in member’s bill file; Report also printed in House Journal, April 19, page 1629.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
A motion by Representative Dean that the Committee rise, report progress and beg leave to sit again at 2:00 p.m., was adopted by unanimous consent.________________
House reconvened.
The Committee of the Whole reported it had risen, reported progress and would sit again at 2:00 p.m._______________
On motion of Representative Dean, SB00-124 shall be added to the Special Orders on Monday, April 24, 2000._______________
House in recess. House reconvened.
_______________
REPORTS OF COMMITTEE OF REFERENCE
APPROPRIATIONS
After consideration on the merits, the Committee recommends the following:
HB00-1484 be referred favorably to the Committee on Finance.
SB00-019 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend the Health, Environment, Welfare, & Institutions Committee Report, dated April 19, 2000, page one, strike lines 1 through 16 and substitute the following:
"Amend reengrossed bill, page 7, after line 19, insert the following:
"SECTION 5. Appropriation - adjustments to the 2000 long bill. (1) In addition to any other appropriation, there is hereby appropriated, to the department of human services, children, youth and families, child care, for the fiscal year beginning July 1, 2000, the sum of one million twenty-nine thousand nine hundred thirty dollars ($1,029,930), or so much thereof as may be necessary, for the implementation of article 6.5 of title 26, Colorado Revised Statutes. Said sum shall be from federal child care development fund moneys.
(2) For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:
(a) The appropriation to the department of human services, children, youth and families, child care, for child care grants, is decreased by one million twenty-nine thousand nine hundred thirty dollars ($1,029,930). Said sum shall be from federal child care development fund moneys.".".
After line 17 of the Committee Report, insert the following:
"Page 1, line 101, strike "services." and substitute "services, and making an appropriation therefor.".".
SB00-042 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend House Health, Welfare, Environment and Institutions Report, dated April 19, 2000, page 2, line 26, strike "five hundred thousand dollars" and substitute "two hundred fifty thousand dollars".
SB00-049 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 1, strike lines 2 through 7.
Strike page 2.
Page 3, strike lines 1 through 24.
Renumber succeeding sections accordingly.
SB00-076 be postponed indefinitely.
SB00-085 be referred to the Committee of the Whole with favorable recommendation.
SB00-115 be postponed indefinitely.
SB00-122 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 lines 17 through 26 and substitute the following:
"SECTION 2. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the local government limited gaming impact fund not otherwise appropriated, to the department of local affairs, division of local government, field services, for the fiscal year beginning July 1, 2000, the sum of three million nine hundred eighty-five thousand four hundred fifty-four dollars ($3,985,454) and 0.2 FTE, or so much thereof as may be necessary, for the implementation of this act. Of this amount, seven thousand five hundred fifty-eight dollars ($7,558) shall be used for administrative purposes.".
Page 5, strike lines 1 through 6.
SB00-133 be referred to the Committee of the Whole with favorable recommendation.
SB00-146 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 2, before line 15, insert the following:
"SECTION 2. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the distributive data processing fund, not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 2000, the sum of fifteen thousand four hundred dollars ($15,400), or so much thereof as may be necessary, for implementation of this act.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "collectors." and substitute "collectors, and in connection therewith, making an appropriation.".
SB00-147 be postponed indefinitely.
SB00-181 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 2, strike lines 2 through 22.
Strike pages 3 and 4.
Page 5, strike lines 1 through 25.
Renumber succeeding sections accordingly.
Page 5, line 26, strike "(1) and (2)," and substitute "(1),".
Page 6, strike lines 9 through 11 and substitute the following:
"assembly subsection (5) of this section and any other moneys as may be made";
strike lines 13 through 19.
Page 8, line 26, strike "fund that were" and substitute "fund. Only"
Page 9, strike line 1;
strike lines 5 through 12.
Page 10, strike lines 5 through 11;
line 12, strike "state". ______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB00-1159, 1283, 1284, 1416._______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate granted permission to members of the First Conference Committee on HB00-1208 and 1336 to consider matters not at issue between the two houses.________________
On motion of Representative Taylor, the House resolved itself into Committee of the Whole for continuation of consideration of Special Orders, and he returned to the Chair to act as Chairman.________________
GENERAL ORDERS--SECOND READING OF BILLS
(Continued from page 1661)
HB00-1034 by Representatives Kester, Leyba, Tool; also Senators Wham, Anderson, Martinez--Concerning the creation of community-based management pilot programs for persons with mental illness who are involved in the criminal justice system.
Amendment No. 1, Appropriations Report, dated April 19, 2000, and placed in member’s bill file; Report also printed in House Journal, April 19, pages1635-1637.
Amendment No. 2, by Representative Pfiffner.
Amend printed bill, page 4, line 5, strike "services." and substitute "services; except that "eligible juvenile offender" shall not include any juvenile who is adjudicated for or convicted of a class 1 felony or first or second degree sexual assault.".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1475 by Representatives Tool, Hefley, Alexander, Chavez, Clarke, Hagedorn, Hoppe, Kaufman, Kester, Lawrence, Leyba, Morrison, Saliman, Tochtrop; also Senators Lacy, Linkhart, Reeves--Concerning reimbursement to federally qualified health centers for the total amount of reasonable costs of providing health care services to recipients of medicaid assistance.
Amendment No. 1, Appropriations Report, dated April 19, 2000, and placed in member’s bill file; Report also printed in House Journal, April 19, pages 1637-1638.
Amendment No. 2, by Representative Tool.
Amend printed bill, page 2, line 21, after "reimbursed", insert "by the state department".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1476 by Representative Dean; also Senator Owen--Concerning the use of moneys allocated from the employment support fund for existing programs in the department of labor and employment.
Amendment No. 1, Appropriations Report, dated April 19, 2000, and placed in member’s bill file; Report also printed in House Journal, April 19, page 1638.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1486 by Representatives Taylor, Larson--Concerning the use of the petroleum storage tank fund related to storage tank safety, and, in connection therewith, allowing payment from the fund for facility inspections and meter calibrations and reducing the fee for certain tank truckloads.
Amendment No. 1, Appropriations Report, dated April 19, 2000, and placed in member’s bill file; Report also printed in House Journal, April 19, pages 1638-1639.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1219 By Representatives Decker, Bacon, Stengel, Swenson, and Williams S.--Concerning accreditation by the state board of education.
Amendment No. 1, Education Report, dated April 19, 2000, and placed in member’s bill file; Report also printed in House Journal, April 19, pages 1641-1643.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1481 by Representative George; also Senator Powers--Concerning enactment of a pilot project that encourages reporting under the Colorado environmental self-audit law.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1490 by Representatives George, May, Swenson, Gotlieb, Larson, Mace, McElhany, Nuñez, Ragsdale, Williams S., and Witwer; also Senator Powers--Concerning a modification in the requirement that the department of transportation spend the state sales and use tax revenues attributable to sales or use tax on vehicles and related items for the implementation of the strategic transportation project investment program so that at least ninety percent of such revenues are expended for highway or highway-related purposes.
Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB00-1466 By Representative Stengel; also Senator Blickensderfer--Concerning insurance fraud.
Amendment No. 1, Business Affairs & Labor Report, dated April 13, 2000, and placed in member’s bill file; Report also printed in House Journal, April 18, pages 1588-1589.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
SB00-124 by Senator Andrews; also Representative Tapia--Concerning literacy in early elementary grades, and, in connection therewith, establishing a read-to-achieve program, and making an appropriation in connection therewith.
Amendment No. 1, Education Report, dated April 3, 2000, and placed in member’s bill file; Report also printed in House Journal, April 4, page 1268.
Amendment No. 2, by Representative Tapia.
Amend reengrossed bill, page 7, after line 15, insert the following:
"(h) On or before February 1, 2004, the read-to-achieve board shall report to the governor and to education committees of the senate and house of representatives on the effectiveness of the program. The report shall include but is not limited to:
(I) The number of schools that received grants under the program and the average amount of the grants;
(II) The number of pupils enrolled in intensive literacy programs funded by the program, the number of pupils enrolled who improved their reading skills to grade level or achieved proficiency on the state assessment in reading for their grade level in the year after starting the intensive literacy program, and the percentage of pupils who achieved proficiency on the state assessment for reading for their grade level in both the year after starting the intensive literacy program and the following year; and
(III) Whether any statutory changes are recommended, including but not limited to the appropriateness of the requirements in subparagraphs (I) and (II) of paragraph (e) of this subsection (3) that to be eligible in subsequent years, schools must show that twenty-five percent of the students enrolled in the intensive literacy program improved their reading skills to grade level or achieved proficiency on the state assessment in reading for their grade level.".
Amendment No. 3, by Representative Tapia.
Amend reengrossed bill, page 6, line 17, strike "reading" and substitute "literacy".
Page 7, line 13, after the second "the", insert "intensive".
Page 8, strike lines 15 through 19 and substitute the following:
"teacher and the school administration shall formulate an individual literacy plan for the pupil or, if the pupil is eligible, enroll the pupil in an intensive literacy program funded through the read to achieve program pursuant to section 22-7-506. For compliance with this section, a".
Amendment No. 4, by Representative Tapia.
Amend reengrossed bill, page 2, line 16, after "members,", insert "no more than six of whom are from the same political party,".
Amendment No. 5, by Representatives King and Tupa.
Amend reengrossed bill, page 5, line 15, strike "nation." and substitute "nation; and
(III) The per-pupil cost of the program.".
Amendment No. 6, by Representative Tupa.
Amend reengrossed bill, page 4, line 8, strike "years." and substitute "years, but no grant for any one school shall be for more than one hundred thousand dollars for any one year.".
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB00-071 by Senators Anderson, Reeves; also Representative Morrison--Concerning use of moneys received pursuant to the tobacco litigation settlement, and making an appropriation in connection therewith.
Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated March 13, 2000, and placed in member’s bill file; Report also printed in House Journal, March 15, page 934.
Amendment No. 2, Appropriations Report, dated April 7, 2000, and placed in member’s bill file; Report also printed in House Journal, April 10, page 1404-1411.
Amendment No. 3, by Representative Morrison.
Amend reengrossed bill, page 56, line 11, strike "illness." and substitute "illness; or";
after line 11, insert the following:
"(g) Activities to prevent the sale or furnishing by other means of cigarettes or tobacco products to minors.".
Amendment No. 4, by Representative Morrison.
Amend reengrossed bill, page 66, after line 17, insert the following:
"(5) (a) This section is repealed, effective July 1, 2005.
(b) Prior to said repeal, the read-to-achieve board appointed pursuant to this section shall be reviewed as provided for in section 24-34-104, C.R.S.".
Page 68, after line 18, insert the following:
"SECTION 17. 24-34-104 (36), Colorado Revised Statutes, is amended to read:
24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (36) The following agencies, functions, or both, shall terminate on July 1, 2005: The fire suppression program of the division of fire safety created pursuant to sections 24-33.5-1204.5, 24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-1206.4, 24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6, C.R.S., and the read-to-achieve board created pursuant to section 22-7-506, C.R.S.".
Renumber succeeding sections accordingly.
Amendment No. 5, by Representative Morrison.
Amend reengrossed bill, page 63, line 2, strike "nation." and substitute "nation; and
(III) The per-pupil cost of the program.".
Amendment No. 6, by Representative Morrison.
Amend reengrossed bill, page 60, line 5, after "members,", insert "no more than six of whom are from the same political party,".
Amendment No. 7, by Representative Morrison.
Amend reengrossed bill, page 61, line 19, strike "part 5." and substitute "section.";
line 21, after the period, insert "Grants may be for between one and three years.".
Page 62, line 18, before "amount", insert "duration and".
Page 67, line 14, strike "or" and substitute "or, if the pupil is eligible,".
Page 68, line 6, after "pass", insert "for reading classes";
line 8, strike "fourth" and substitute "third".
Amendment No. 8, by Representative Morrison.
Amend reengrossed bill, page 65, after line 2, insert the following:
"(h) On or before February 1, 2004, the read to achieve board shall report to the governor and to education committees of the senate and the house of representatives on the effectiveness of the program. The report shall include but is not limited to:
(I) The number of schools that received grants under the program and the average amount of the grants;
(II) The number of pupils enrolled in intensive literacy programs funded by the program, the number of pupils enrolled who improved their reading skills to grade level or achieved proficiency on the state assessment in reading for their grade level in the year after starting the intensive literacy program, and the percentage of pupils who achieved proficiency on the state assessment for reading for their grade level in both the year after starting the intensive literacy program and the following year; and
(III) Whether any statutory changes are recommended, including but not limited to the appropriateness of the requirements in paragraph (e) of this subsection (3) that to be eligible in subsequent years, schools must show that twenty-five percent of the students enrolled in the intensive literacy program improved their reading skills to grade level or achieved proficiency on the state assessment in reading for their grade level.".
Amendment No. 9, by Representative Morrison.
Amend reengrossed bill, page 61, line 21, before "Each", insert "No grant for any one school shall be for more than one hundred thousand dollars for any one year.".
Amendment No. 10, by Representative Saliman.
Amend reengrossed bill, page 30, line 14, after "25-30-106 (1) (e),", insert "the extent to which the program serves medicaid-eligible persons and provides services that may be provided in part through medicaid funding,";
line 15, strike "program." and substitute "program, including but not limited to any changes that may be appropriate to enable the program to receive medicaid funding.".
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
(For change in action, see Amendments to Report.)_______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representative Dean moved to amend the Report of the Committee of the Whole to show that the following Tate amendment, to HB00-1454, as amended by the following Scott amendment, did pass, and that HB00-1454, as amended, did pass:
Tate amendment:
Amend the Finance Committee Report, dated March 29, 2000, page 3, line 30, strike "by the";
line 31, strike "state auditor in accordance with" and substitute "as required by".
Page 4, line 10, after ""(2)", insert "(a)";
line 19, strike "contract.";" and substitute "contract.";
after line 19, insert the following:
"(b) (I) In addition to the limitation set forth in paragraph (a) of this subsection (2), the state treasurer may not enter into any property sale contract if, on the date that the contract is to be executed, the true interest cost of the transaction that the corporation will enter into to obtain the moneys necessary to pay its obligations to the state under the terms of the property sale contract is more than two hundred fifty basis points over the prevailing rate for the ten-year treasury note as determined by a mutually acceptable quotation system acceptable to both the state treasurer and the state auditor. If, under the terms of the proposed property sale contract, the state treasurer is to sell only a specified percentage of the state's right to receive damages payments for a specified period of time rather than selling the right to receive all of the damages payments scheduled to be received for said specified period of time pursuant to the terms of the settlement agreement, the true interest cost of the transaction that the corporation will enter into to obtain the moneys necessary to pay its obligations to the state under the terms of the property sale contract shall not exceed two hundred fifty basis points over the prevailing rate for the ten-year treasury note.
(II) For purposes of this paragraph (b), the true interest cost for a transaction shall be the discount rate that, as of the delivery date for the transaction, equals the present value of the sum of all payments to be made on the transaction plus all payments to be made for credit enhancing the transaction plus all other costs of repaying or hedging the transaction plus the present value of the adjusted issue price of the transaction.
(A) For purposes of this paragraph (b), the adjusted issue price of a transaction is an amount equal to the difference of all amounts generated from the sale of the transaction to purchasers minus all payments from any source for underwriting, placement fees, and all other costs of issuing the transaction.
(B) For purposes of this subparagraph (II)The true interestcost of a transaction shall be calculated using an actuarial method based upon the compounding of interest at the end of each compounding period using any consistently applied compounding interval.";".
Scott amendment:
Amend the above Tate amendment, House Journal page 1671, line 13, strike "two" and substitute "three".
House Journal page 1671, line 26, strike "two" and substitute "three".
The amendment was declared lost by the following roll call vote:
YES 26 NO 38 EXCUSED 1 ABSENT 0
Alexander Y
Allen Y
Bacon N
Berry Y
Chavez N
Clapp N
Clarke N
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon N
Gotlieb Y
Grossman N
Hagedorn N
Hefley N
Hoppe Y
Johnson N
Kaufman Y
Keller N
Kester N
King Y
Larson Y
Lawrence Y
Lee N
Leyba N
Mace N
May N
McElhany N
McKay Y
McPherson Y
Miller Y
Mitchell N
Morrison N
Nuñez Y
Paschall N
Pfiffner N
Plant N
Ragsdale N
Saliman N
Scott Y
Sinclair E
Smith N
Spence Y
Spradley N
Stengel Y
Swenson N
Takis N
Tapia N
Tate N
Taylor Y
Tochtrop N
Tool Y
Tupa N
Veiga N
Vigil N
Webster Y
Williams S. N
Williams T. Y
Windels N
Witwer Y
Young Y
Zimmerman N
Mr. Speaker Y
Representative Tate moved to amend the Report of the Committee of the Whole to show that the following Tate amendment, to HB00-1454, did pass, and that HB00-1454, as amended, did pass.
Amend the Finance Committee Report, dated March 29, 2000, page 3, line 30, strike "by the";
line 31, strike "state auditor in accordance with" and substitute "as required by".
Page 4, line 10, after ""(2)", insert "(a)";
line 19, strike "contract.";" and substitute "contract.";
after line 19, insert the following:
"(b) (I) In addition to the limitation set forth in paragraph (a) of this subsection (2), the state treasurer may not enter into any property sale contract if, on the date that the contract is to be executed, the true interest cost of the transaction that the corporation will enter into to obtain the moneys necessary to pay its obligations to the state under the terms of the property sale contract is more than two hundred fifty basis points over the prevailing rate for the ten-year treasury note as determined by a mutually acceptable quotation system acceptable to both the state treasurer and the state auditor. If, under the terms of the proposed property sale contract, the state treasurer is to sell only a specified percentage of the state's right to receive damages payments for a specified period of time rather than selling the right to receive all of the damages payments scheduled to be received for said specified period of time pursuant to the terms of the settlement agreement, the true interest cost of the transaction that the corporation will enter into to obtain the moneys necessary to pay its obligations to the state under the terms of the property sale contract shall not exceed two hundred fifty basis points over the prevailing rate for the ten-year treasury note.
(II) For purposes of this paragraph (b), the true interest cost for a transaction shall be the discount rate that, as of the delivery date for the transaction, equals the present value of the sum of all payments to be made on the transaction plus all payments to be made for credit enhancing the transaction plus all other costs of repaying or hedging the transaction plus the present value of the adjusted issue price of the transaction.
(A) For purposes of this paragraph (b), the adjusted issue price of a transaction is an amount equal to the difference of all amounts generated from the sale of the transaction to purchasers minus all payments from any source for underwriting, placement fees, and all other costs of issuing the transaction.
(B) For purposes of this subparagraph (II)The true interest cost of a transaction shall be calculated using an actuarial method based upon the compounding of interest at the end of each compounding period using any consistently applied compounding interval.";".
The amendment was declared lost by the following roll call vote:
YES 32 NO 32 EXCUSED 1 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry Y
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker N
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley N
Hoppe N
Johnson Y
Kaufman N
Keller Y
Kester N
King N
Larson N
Lawrence Y
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller N
Mitchell N
Morrison Y
Nuñez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair E
Smith Y
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. Y
Williams T. Y
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
Representative Paschall moved to amend the Report of the Committee of the Whole to show that HB00-1480, as amended, did not pass.
The amendment was declared lost by the following roll call vote:
YES 30 NO 34 EXCUSED 1 ABSENT 0
Alexander N
Allen N
Bacon N
Berry N
Chavez N
Clapp Y
Clarke N
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon N
Gotlieb Y
Grossman N
Hagedorn Y
Hefley Y
Hoppe N
Johnson Y
Kaufman N
Keller N
Kester Y
King Y
Larson N
Lawrence Y
Lee Y
Leyba N
Mace N
May Y
McElhany Y
McKay Y
McPherson Y
Miller N
Mitchell Y
Morrison N
Nuñez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott Y
Sinclair E
Smith Y
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 Y
Webster Y
Williams S. N
Williams T. Y
Windels N
Witwer Y
Young Y
Zimmerman N
Mr. Speaker N
Representatives Mitchell, Stengel, and Lawrence moved to amend the Report of the Committee of the Whole to show that the following Mitchell amendment, to SB00-071, did pass, and that SB00-071, as amended, did pass.
Amend reengrossed bill, page 23, line 9, strike "child" and substitute "child, or her first child is less than one month old,".
The amendment was declared passed by the following roll call vote:
YES 41 NO 23 EXCUSED 1 ABSENT 0
Alexander N
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean N
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb N
Grossman Y
Hagedorn N
Hefley Y
Hoppe Y
Johnson Y
Kaufman N
Keller Y
Kester Y
King Y
Larson N
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay N
McPherson N
Miller N
Mitchell Y
Morrison N
Nuñez N
Paschall N
Pfiffner N
Plant Y
Ragsdale N
Saliman Y
Scott Y
Sinclair E
Smith N
Spence Y
Spradley Y
Stengel Y
Swenson N
Takis N
Tapia N
Tate Y
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga Y
Vigil N
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman N
Mr. Speaker N
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB00-1454 amended, 1472 amended, 1482, 1478 amended, 1464 amended, 1480 amended, 1034 amended, 1475 amended, 1476 amended, 1486 amended, 1219 amended, 1481, 1490, 1466 amended, SB00-124 amended, 071 amended.
Laid over until date indicated retaining place on Calendar:
HB00-1449--May 4, 2000.
The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was adopted.
YES 64 NO 0 EXCUSED 1 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuñez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair E
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
______________
CONSIDERATION OF CONFERENCE COMMITTEE REPORT
HB00-1186 by Representatives George, May, Kester, Alexander, Allen, Dean, Decker, Gotlieb, Hoppe, Kaufman, King, Larson, Lawrence, McElhany, McKay, Miller, Smith, Swenson, Taylor, Tool, Williams T.; also Senators
Anderson, Chlouber, Dennis, Dyer, Epps, Powers, Reeves, Teck, Wattenberg--Concerning the relationship between motor vehicle dealers and manufacturers.
(Conference Committee Report printed in House Journal, April 14, pages 1581-1582.)
On motion of Representative George, the Conference Committee Report was adopted by the following roll call vote:
YES 62 NO 0 EXCUSED 3 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell E
Morrison Y
Nuñez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair E
Smith Y
Spence Y
Spradley E
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
Representative Spradley excused from voting under House Rule 21(c).
The question being "Shall the bill, as amended, pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill, as amended, was declared repassed.
YES 61 NO 1 EXCUSED 3 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell E
Morrison Y
Nuñez Y
Paschall Y
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair E
Smith Y
Spence Y
Spradley E
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
Representative Spradley excused from voting under House Rule 21(c).
Co-sponsor added: Representative Stengel._______________
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS
HB00-1114 by Representative Lee; also Senator Chlouber--Concerning a requirement that information identifying persons who hold permits to carry concealed weapons be kept confidential.
Laid over until April 25, retaining place on Calendar.
HB00-1173 by Representatives Lawrence, Tapia, Hagedorn, Allen, Gotlieb, Hefley, King, Lee, Spence, and Witwer; also Senator Arnold--Concerning the creation of a grant program to assist public schools in implementing teacher development activities, and making an appropriation therefor.
(Amended as printed in Senate Journal, April 17, page 1016.)
Representative Lawrence moved that the House concur in Senate amendments. The motion was declared passed by the following roll call vote:
YES 57 NO 6 EXCUSED 2 ABSENT 0
Alexander Y
Allen N
Bacon N
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell E
Morrison Y
Nuñez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale Y
Saliman N
Scott Y
Sinclair E
Smith Y
Spence N
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate Y
Taylor Y
Tochtrop Y
Tool Y
Tupa N
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
The question being, "Shall the bill, as amended, pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative, and the bill, as amended, was declared repassed.
YES 61 NO 2 EXCUSED 2 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell E
Morrison Y
Nuñez N
Paschall Y
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair E
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
Co-sponsors added: Representatives Alexander, Larson, Taylor, Vigil, Williams S., Williams T.
HB00-1368 By Representatives Lee, Fairbank, and McKay; also Senator Blickensderfer--Concerning compliance by certain residential facilities with local government zoning requirements as a condition to state licensure of such facilities.
(Amended as printed in Senate Journal, April 17, page 1016.)
Representative Lee moved that the House concur in Senate amendments. The motion was declared passed by the following roll call vote:
YES 63 NO 0 EXCUSED 2 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell E
Morrison Y
Nuñez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair E
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
The question being, "Shall the bill, as amended, pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative, and the bill, as amended, was declared repassed.
YES 52 NO 11 EXCUSED 2 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba N
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell E
Morrison Y
Nuñez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott Y
Sinclair E
Smith N
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis N
Tapia Y
Tate N
Taylor Y
Tochtrop N
Tool Y
Tupa N
Veiga N
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
Co-sponsor added: Representative Clapp.
HB00-1426 by Representatives Hefley, Kaufman, Decker, Fairbank, McPherson, Mitchell, Spence, Swenson, and Veiga; also Senator Evans--Concerning traffic laws governing restraints on drivers' licenses.
(Amended as printed in Senate Journal, April 17, page 1016-1017.)
Representative Hefley moved that the House concur in Senate amend-ments. The motion was declared passed by the following roll call vote:
YES 56 NO 7 EXCUSED 2 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon N
Gotlieb Y
Grossman N
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 E
Morrison Y
Nuñez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott Y
Sinclair E
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate N
Taylor Y
Tochtrop Y
Tool Y
Tupa N
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
The question being, "Shall the bill, as amended, pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative, and the bill, as amended, was declared repassed.
YES 56 NO 7 EXCUSED 2 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez N
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman N
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester N
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell E
Morrison Y
Nuñez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale N
Saliman Y
Scott Y
Sinclair E
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate N
Taylor Y
Tochtrop Y
Tool Y
Tupa N
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman N
Mr. Speaker Y
Co-sponsors added: Representatives Dean, Lee, Nuñez, Spradley._______________
REPORT OF COMMITTEE OF REFERENCE
APPROPRIATIONS
After consideration on the merits, the Committee recommends the following:
HB00-1483 be referred to the Committee of the Whole with favorable recommendation._______________
On motion of Representative Dean, HB00-1483, SB00-135 shall be made Special Orders on Monday, April 24, 2000, at 5:25 p.m._______________
The hour of 5:25 p.m., having arrived, on motion of Representative Taylor, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman._______________
SPECIAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been dispensed with by unanimous consent), the bills considered and action taken thereon as follows:
(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)
HB00-1483 by Representatives Larson, Dean, George, Hoppe, Johnson, Kester, McKay, Miller, Smith, Spradley, Stengel, Swenson, Taylor, Webster, and Young; also Senator Wattenberg--Concerning the creation of a predator management plan by the division of wildlife, and, in connection therewith, creating a predator management advisory committee and making an appropriation.
Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated April 19, 2000, and placed in member’s bill file; Report also printed in House Journal, April 19, page 1631.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
SB00-135 by Senators Arnold, Wham, Phillips; also Representatives Larson, Lawrence, Veiga--Concerning the state communications systems utilized by governmental entities for public safety purposes, and making an appropriation in connection therewith.
Ordered revised and placed on the Calendar for Third Reading and Final Passage._______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB00-1483 amended, SB00-135.
The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was adopted.
YES 61 NO 0 EXCUSED 1 ABSENT 3
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace -
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuñez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair E
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis -
Tapia Y
Tate Y
Taylor Y
Tochtrop -
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
________________
On motion of Representative Taylor, the House resolved itself into Committee of the Whole for consideration of General Orders, and he was called to the Chair to act as Chairman.________________
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been dispensed with by unanimous consent), the bills considered and action taken thereon as follows:
(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)
SB00-202 by Senator Hillman; also Representative McElhany--Concerning payment of taxes to the division of insurance by an attorney-in-fact acting for the subscribers of interinsurance exchanges.
Ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB00-178 by Senators Teck, Evans, Hillman; also Representative Spence--Concerning teachers in public schools.
Amendment No. 1, Education Report, dated April 5, 2000, and placed in member’s bill file; Report also printed in House Journal, April 6, page 1319.
Amendment No. 2, by Representative Spence.
Amend reengrossed bill, page 2, after line 17, insert the following:
"SECTION 3. 22-63-302 (11) (a) (I), Colorado Revised Statutes, is amended to read:
22-63-302. Procedure for dismissal - judicial review. (11) (a) The board of a school district may take immediate action to dismiss a teacher, without a hearing, notwithstanding subsections (2) to (10) of this section, pending the final outcome of judicial review or when the time for seeking review has elapsed, when the teacher is convicted, pleads nolo contendere, or receives a deferred sentence for:
(I) A violation of any law of this state or any counterpart municipal law of this state involving unlawful behavior pursuant to any of the following statutory provisions: Sections 18-3-305, 18-6-301, 18-6-302, and 18-6-701, C.R.S., section 18-6-301, C.R.S., when the victim is a child who is ten years of age or older and under eighteen years of age, and part 4 of article 3, part 4 of article 6, and part 4 of article 7 of title 18, C.R.S.; or".
Renumber succeeding sections accordingly.
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB00-172 by Senator Evans; also Representative Kaufman--Concerning the title setting process for state-wide initiatives, and, in connection therewith, addressing motions for ballot title board hearings.
Amendment No. 1, State, Veterans, & Military Affairs Report, dated April 6, 2000, and placed in member’s bill file; Report also printed in House Journal, April 10, page 1411-1412.
Amendment No. 2, by Representative Kaufman.
Amend the State, Veterans, and Military Affairs Committee Report, dated April 6, 2000, page 1, line 7, strike "The" and substitute "If it appears that any measure has a significant fiscal impact on the state or any of its political subdivisions, the";
line 8, strike "each" and substitute "such";
line 10, after "budgeting,", insert "the department of local affairs,".
Amendment No. 3, by Representative Kaufman.
Amend reengrossed bill, page 1, after line 1, insert the following:
"SECTION 1. 1-40-106 (3), Colorado Revised Statutes, is amended to read:
1-40-106. Title board - meetings - titles and submission clause. (3) (a) The title board shall prepare a clear, concise summary of the proposed law or constitutional amendment. The summary shall be true and impartial and shall not be an argument, nor likely to create prejudice, either for or against the measure. The title board may request assistance in the preparation of the summary from the legislative council and, if, in the opinion of the title board, the proposed law or constitutional amendment will have a fiscal impact on the state or any of its political subdivisions, shall request assistance in such matter from the office of state planning and budgeting or the department of local affairs. When the title board requests fiscal impact information from the office of state planning and budgeting or the department of local affairs, the fiscal impact information shall be filed with the secretary of state by 12 noon on the Friday before the meeting of the title board at which the draft is to be considered. The legislative council, the office of state planning and budgeting, and the department of local affairs shall furnish any assistance requested, and the summary shall include an estimate of any such fiscal impact, together with an explanation thereof.
(b) In setting a title, the title board shall consider the public confusion that might be caused by misleading titles and shall, whenever practicable, avoid titles for which the general understanding of the effect of a "yes" or "no" vote will be unclear. The title for the proposed law or constitutional amendment, which shall correctly and fairly express the true intent and meaning thereof, together with the ballot title and submission clause, and summary shall be completed within two weeks after the first meeting of the title board. Immediately upon completion, the secretary of state shall deliver the same with the original to the parties presenting it, keeping the copy with a record of the action taken thereon. Ballot titles shall be brief, shall not conflict with those selected for any petition previously filed for the same election, and shall be in the form of a question which may be answered "yes" (to vote in favor of the proposed law or constitutional amendment) or "no" (to vote against the proposed law or constitutional amendment) and which shall unambiguously state the principle of the provision sought to be added, amended, or repealed.".
Renumber succeeding sections accordingly.
Page 1, line 4, strike "(1) and (2)," and substitute "(1), (2), and (4),".
Page 2, line 5, strike "titles," and substitute "titles and";
line 6, strike "clause, and summary" and substitute "clause and summary";
line 10, strike "summary" and substitute "summary submission clause";
line 15, strike "summary" and substitute "summary submission clause";
line 25, strike "titles, submission clause," and substitute "titles and submission clause";
line 26, strike "and summary" and substitute "and summary".
Page 3, after line 6, insert the following:
"(4) No petition for any initiative measure shall be circulated nor any signature thereto have any force or effect which has been signed before the titles and submission clause and summary have been fixed and determined as provided in section 1-40-106 and this section.
SECTION 3. 1-40-102 (6) and (9), Colorado Revised Statutes, are amended to read:
1-40-102. Definitions. As used in this article, unless the context otherwise requires:
(6) "Section" means a bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, and summary, and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors' signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.
(9) "Summary" means a condensed statement as to the intent of the proposed law or constitutional amendment.
SECTION 4. 1-40-105 (4), Colorado Revised Statutes, is amended to read:
1-40-105. Filing procedure - review and comment - amendments - filing with secretary of state. (4) After the conference provided in subsections (1) and (2) of this section, a copy of the original typewritten draft submitted to the directors of the legislative council and the office of legislative legal services, a copy of the amended draft with changes highlighted or otherwise indicated, if any amendments were made following the last conference conducted pursuant to subsections (1) and (2) of this section, and an original final draft which gives the final language for printing shall be submitted to the secretary of state without any title, submission clause, summary, or ballot title providing the designation by which the voters shall express their choice for or against the proposed law or constitutional amendment.
SECTION 5. 1-40-107 (6), Colorado Revised Statutes, as amended by House Bill 00-1304, enacted at the Second Regular Session of the Sixty-second General Assembly, is amended to read:
1-40-107. Rehearing - appeal - fees - signing. (6) The summary of any proposed initiated law or constitutional amendment shall be included in the publication of measures by the director of research of the legislative council pursuant to section 1-40-124.5.
SECTION 6. 1-40-108 (1), Colorado Revised Statutes, is amended to read:
1-40-108. Petition - time of filing. (1) No petition for any ballot issue shall be of any effect unless filed with the secretary of state within six months from the date that the titles and submission clause and summary have been fixed and determined pursuant to the provisions of sections 1-40-106 and 1-40-107 and unless filed with the secretary of state within the time required by the state constitution before the election at which it is to be voted upon. A petition for a ballot issue for the election to be held in November of odd-numbered years shall be filed with the secretary of state within the same time before such odd-year election as is required by the state constitution for issues to be voted on at the general election. All filings under this section must be made by 3 p.m. on the day of filing.
SECTION 7. 1-40-110 (1), Colorado Revised Statutes, is amended to read:
1-40-110. Warning - ballot title. (1) At the top of each page of every initiative or referendum petition section shall be printed, in a form as prescribed by the secretary of state, the following:
"WARNING:
IT IS AGAINST THE LAW:
For anyone to sign any initiative or referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure.
DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE.
Do not sign this petition unless you have read or have had read to you the proposed initiative or referred measure or the summary of an initiated measure in its entirety and understand its meaning. Before signing this petition, you are encouraged to read the text or the title of the proposed initiative or referred measure."".
Renumber succeeding section accordingly.
Page 1, line 102, after "therewith," insert "eliminating the summary of the measure, and".
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage._______________
Committee in recess. Committee reconvened.
_______________
HB00-1468 by Representatives Paschall, May, Fairbank, Hefley, Mitchell, Nuñez, Scott, and Sinclair; also Senators Lamborn, Andrews, Arnold, Congrove, Hillman, and Teck--Concerning the use of fetal tissue from induced termination of pregnancy.
Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated April 10, 2000, and placed in member’s bill file; Report also printed in House Journal, April 11, page 1419-1420.
Amendment No. 2, by Representative Paschall.
Amend the Health, Environment, Welfare, and Institutions Committee Report, dated April 10, 2000, page 1, strike lines 11 through 14, and substitute the following:
"Page 3, strike lines 2 through 4, and substitute the following:
""consideration" includes, but is not limited to:
(I) Any lease-sharing agreement in excess of the current market value for commercial rental property for the area in which the physician's or institution's place of business is located;
(II) Any lease-sharing agreement that is based on the term or number of induced terminations of pregnancy performed by such physician or institution;
(III) Any moneys, gifts in lieu of money, barter arrangements, or exchange of services that do not constitute reasonable payment associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue as defined in 42 U.S.C. sec. 289 g-2; or
(IV) Any agreement to purchase fetal tissue for a profit.".".
Amendment No. 3, by Representative Paschall.
Amend the Health, Environment, Welfare, and Institutions Committee Report, dated April 10, 2000, page 1, line 4, strike "aggressive";
line 5 strike "many different medical";
line 6, strike "conditions" and substitute "diseases", and strike "through the";
line 7 strike "advancements in technology" and substitute "in order".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
SB00-003 by Senator Perlmutter; also Representative Smith--Concerning exempt assets.
Laid over until April 25, retaining place on Calendar.
SB00-018 by Senators Dyer, Musgrave, Powers; also Representatives Gotlieb, Hagedorn, Mace, May, Swenson--Concerning the ignition interlock program.
Amendment No. 1, Appropriations Report, dated April 12, 2000, and placed in member’s bill file; Report also printed in House Journal, April 13, page 1454.
Amendment No. 2, by Representative Gotlieb.
Amend reengrossed bill, page 8, after line 24, insert the following:
"SECTION 9. 42-2-126.3 (1) and (2), Colorado Revised Statutes, are amended to read:
42-2-126.3. Tampering with an ignition interlock device. (1) No person may intercept, bypass, or interfere with or aid any other person in intercepting, bypassing, or interfering with an ignition interlock device for the purpose of preventing or hindering the lawful operation or purpose of the ignition interlock device required under section 42-2-126.1 or 42-2-132.5.
(2) No person may drive a motor vehicle in which an ignition interlock device is installed pursuant to section 42-2-126.1 or 42-2-132.5 if the person has knowledge that any person has intercepted, bypassed, or interfered with the ignition interlock device.".
Renumber succeeding sections accordingly.
Page 16, line 7, strike "7 and sections 11 and 12" and substitute "9 and sections 13 and 14";
line 8, strike "8" and substitute "10";
line 9, strike "10" and substitute "12".
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
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.
Amendment No. 1, by Representative Alexander.
Amend reengrossed bill, page 4, after line 23, insert the following:
"SECTION 2. 26-6-107 (1) (b) (I), Colorado Revised Statutes, is amended to read:
26-6-107. Investigations and inspections - local authority - reports - rules. (1) (b) (I) When the department, county department, or child placement agency is satisfied that the applicant or licensee is competent and will operate adequate facilities to care for children under the requirements of this part 1 and that standards are being met and will be complied with, it shall issue the license for which applied. The department shall inspect or cause to be inspected the facilities to be operated by an applicant for an original license before the license is granted and shall thereafter inspect or cause to be inspected the facilities of all licensees that, during the period of licensure, have been found to be the subject of complaints or to be out of compliance with the standards set forth in section 26-6-106 and the rules of the department or that otherwise appear to be placing children at risk. The department may make such other inspections as it deems necessary to ensure that the requirements of this article are being met and that the health, safety, and welfare of the children being placed are protected. The state board shall adopt rules concerning the on-site public availability of the most recent inspection report results of child care center facilities and family child care home facilities, when requested. The state board shall also adopt rules concerning a requirement that child care center facilities and family child care home facilities post their licenses and information regarding the procedures for filing a complaint under this part 1 directly with the department, which rules shall require that each such facility display its license and complaint procedures in a prominent and conspicuous location at all times during operational hours of the facility.".
Renumber succeeding sections accordingly.
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB00-023 by Senator Anderson; also Representative Hoppe--Concerning claims for reimbursement for the costs of handling hazardous substance incidents.
Amendment No. 1, Appropriations Report, dated April 12, 2000, and placed in member’s bill file; Report also printed in House Journal, April 13, page 1454.
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB00-050 by Senator Epps; also Representative Lawrence--Concerning the extension of the regimented juvenile training program.
Amendment No. 1, Judiciary Report, dated March 7, 2000, and placed in member’s bill file; Report also printed in House Journal, March 8, page 866.
Amendment No. 2, Appropriations Report, dated April 12, 2000, and placed in member’s bill file; Report also printed in House Journal, April 13, page 1454-1455.
Amendment No. 3, by Representative Lawrence.
Amend the Appropriations Committee Report, dated April 12, 2000, page 1, line 8, strike "(a)" and substitute "(a)";
line 18, change the period to a semicolon;
after line 18, insert the following:
"line 9, strike "November 30," and substitute "January 1,".".
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB00-074 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman-Concerning the creation of the tobacco settlement defense account within the tobacco litigation settlement cash fund to be comprised of tobacco litigation settlement moneys to compensate the state for attorney fees, court costs, and expenses.
Ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB00-094 by Senator Epps; also Representative Morrison--Concerning a continuing education requirement for pharmacists.
Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated March 13, 2000, and placed in member’s bill file; Report also printed in House Journal, March 14, pages 929-930.
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB00-145 by Senator Reeves; also Representative Kaufman--Concerning support obligations.
Amendment No. 1, Judiciary Report, dated March 16, 2000, and placed in member’s bill file; Report also printed in House Journal, March 17, pages 995-998.
Amendment No. 2, Appropriations Report, dated April 12, 2000, and placed in member’s bill file; Report also printed in House Journal, April 13, pages 1456-1457.
Amendment No. 3, by Representative Kaufman.
Amend reengrossed bill, page 7, line 14, strike "employee," and substitute "employer,".
Amendment No. 4, by Representative Kaufman.
Amend reengrossed bill, page 20, strike lines 10 and 11 and substitute the following:
"SECTION 13. Effective date. (1) Sections 1 through 8 and sections 10 through 14 shall take effect July 1, 2000.
(2) Section 9 shall take effect September 1, 2000; except that section 9 of the bill shall only take effect if House Bill 00-1169 is enacted by the sixty-second general assembly and becomes law.".
Amendment No. 5, by Representative Kaufman.
Amend reengrossed bill, page 13, line 6, strike "attachment" and substitute "attachment, only when such notice is prescribed and approved by the state child support enforcement agency,".
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB00-156 by Senator Dennis; also Representative Smith--Concerning the distribution of taxes collected on aviation fuel that are credited to the aviation fund, and in connection therewith, modifying the definition of aviation purposes.
Amendment No. 1, Transportation & Energy Report, dated March 15, 2000, and placed in member’s bill file; Report also printed in House Journal, March 16, page 942.
Amendment No. 2, Appropriations Report, dated April 12, 2000, and placed in member’s bill file; Report also printed in House Journal, April 13, page 1457.
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB00-165 by Senators Pascoe, Rupert, Thiebaut; also Representative Gordon--Concerning spousal maintenance.
Amendment No. 1, Judiciary Report, dated April 11, 2000, and placed in member’s bill file; Report also printed in House Journal, April 13, page 1493.
As amended, declared lost on Second Reading.
SB00-196 by Senators Wattenberg, Blickensderfer; also Repre-sentative George--Concerning the requirement that subdivision regulations of local governments ensure the provision of adequate public utility service in the development of subdivisions.
Amendment No. 1, Local Government Report, dated April 12, 2000, and placed in member’s bill file; Report also printed in House Journal, April 13, pages 1457-1458.
Amendment No. 2, by Representative George.
Amend the Local Government Committee Report, dated April 12, 2000, page 1, strike lines 5 through 7, and substitute the following:
"strike line 4, and substitute the following:
"or, if applicable, natural gas service for the proposed subdivision. Submission of such a letter of agreement shall be deemed sufficient to establish that adequate provision for electric or, if applicable, natural gas service to a proposed subdivision has been made.";";
strike lines 11 and 12 of the committee report, and substitute the following:
"strike line 13, and substitute the following:
"adequate electric or, if applicable, natural gas service for any proposed subdivision. Submission of such a letter of agreement shall be deemed sufficient to establish that adequate provision for electric or, if applicable, natural gas service to a proposed subdivision has been made.".".
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB00-197 by Senators Wattenberg, Blickensderfer, Congrove, Musgrave; also Representatives George, Hoppe, King, McElhany, McKay, Spradley, Zimmerman--Concerning decisions made by governmental entities regarding applications by public utilities for the siting of major public service facilities.
Amendment No. 1, Local Government Report, dated April 12, 2000, and placed in member’s bill file; Report also printed in House Journal, April 13, page 1458.
Amendment No. 2, by Representative George.
Amend reengrossed bill, page 3, strike lines 7 and 8 and substitute the following:
"by agreement between a local government and a public utility applying for local government approval of location, construction, or improvement of major facilities as defined in subsection (3) of this section.".
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB00-203 by Senator Powers; also Representative George--Concerning the performance of utility relocation work in conjunction with design-build transportation projects.
Laid over until April 25, retaining place on Calendar.
SB00-015 by Senators Powers, Musgrave, Dyer; also Representatives Swenson, Gotlieb, Williams S.--Concerning electronic certificates of title for motor vehicles by county clerks.
Amendment No. 1, Appropriations Report, dated April 14, 2000, and placed in member’s bill file; Report also printed in House Journal, April 14, page 1578.
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB00-212 by Senator Weddig; also Representative Allen--Concerning the cessation of jurisdiction by the state over a portion of land located within the Buckley air national guard base.
Ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB00-148 by Senators Evans, Chlouber, Dennis, Dyer, Epps, Hillman, Musgrave, Owen, Pascoe; also Representative McPherson--Concerning the prohibition of certain types of provisions in contracts between health insurance carriers and health care providers.
Ordered revised and placed on the Calendar for Third Reading and Final Passage._______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representative Gordon moved to amend the Report of the Committee of the Whole to show that SB00-165, as amended, did pass.
The amendment was declared lost by the following roll call vote:
YES 23 NO 41 EXCUSED 1 ABSENT 0
Alexander Y
Allen N
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman N
Dean N
Decker N
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller Y
Kester N
King N
Larson N
Lawrence N
Lee N
Leyba N
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller N
Mitchell N
Morrison N
Nuñez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair E
Smith N
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop N
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. Y
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
Representative Plant moved to amend the Report of the Committee of the Whole to show that Amendment No. 2, by Representative George (printed in House Journal page 1691, lines 43-54) to SB00-197, did not pass, and that SB00-197, as amended, did pass.
The amendment was declared lost by the following roll call vote:
YES 21 NO 43 EXCUSED 1 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker N
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb N
Grossman Y
Hagedorn N
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller Y
Kester N
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace N
May N
McElhany N
McKay N
McPherson N
Miller N
Mitchell N
Morrison N
Nuñez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair E
Smith N
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. N
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: SB00-202, 178 amended, 172 amended, HB00-1468 amended, SB00-018 amended, 022 amended, 023 amended, 050 amended, 074, 094 amended, 145 amended, 156 amended, 196 amended, 197 amended, 015 amended, 212, 148.
Lost on Second Reading: SB00-165 amended.
Laid over until date indicated retaining place on Calendar:
SB00-003, 203--April 25, 2000.
The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was adopted.
YES 64 NO 0 EXCUSED 1 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuñez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair E
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
APPROPRIATIONS
After consideration on the merits, the Committee recommends the following:
SB00-054 be referred to the Committee of the Whole with favorable recommendation.
SB00-137 be referred to the Committee of the Whole with favorable recommendation.
SB00-140 be referred to the Committee of the Whole with favorable recommendation.
SB00-177 be referred favorably to the Committee on Finance.
SB00-180 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend the Health, Environment, Welfare, and Institutions Committee Report, dated April 19, 2000, page 3, strike lines 4 through 6, and substitute the following:
"Page 42, strike lines 9 and 10, and substitute the following:
"SECTION 28. Effective date. (1) This act shall take effect July 1, 2000; except that:
(a) Sections 4 and 26 of this act shall take effect January 1, 2001;
(b) Sections 7, 8, 9, 14, and 18 of this act shall take effect July 1, 2001, provided that sufficient moneys are appropriated by the general assembly during the first regular session of the sixty-third general assembly.".".
SB00-184 be referred to the Committee of the Whole with favorable recommendation.
SB00-185 be referred to the Committee of the Whole with favorable recommendation.
SB00-194 be referred to the Committee of the Whole with favorable recommendation.
SB00-204 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 5, line 12, strike "Village";" and substitute "Village" and seven buildings known as "Summit Village";".
Page 12, strike line 2 and substitute the following:
"Parcel 3 (Book 1492 Page 38) - Lying West of Miller Street:
That portion of the W1/2 of the E1/2 of the SW1/4 of the NE1/4 of Section 16, Township 3 South, Range 69 West of the 6th P.M., more particularly described as follows: Beginning at the Northwest corner of the E1/2 of the SW1/4 of the NE1/4 of said Section 16; thence N89°35'34"E along the North line of said SW1/4 of the NE1/4 a distance of 332.53 feet to the Northwest corner of the E1/2 of the E1/2 of the SW1/4 of the NE1/4 of said Section 16; thence S00°12'53"E along the West line of the E1/2 of the E1/2 of the SW1/4 of the NE1/4 of said Section 16 a distance of 1145.35 feet to the southwesterly extension of the southerly line of the 100 foot Burlington Northern Railroad right-of-way per Colorado State Board of Land Commissioners R.O.W. No. 1062; thence S74°38'30"W along said southwesterly right-of-way line extension a distance of 344.45 feet to the East line of the W1/2 of the SW1/4 of the NE1/4 of said Section 16; thence N00°12'59"W along said East line of the W1/2 of the SW1/4 of the NE1/4 a distance of 1234.22 feet to the Point of Beginning, City of Wheat Ridge, County of Jefferson, State of Colorado, containing 395,617 square feet or 9.0821 acres more or less.
Parcel 4 (Book 1417 Page 505) - Lying West of Miller Street:
The E1/2 of the E1/2 of the SW1/4 of the NE1/4 of Section 16, Township 3 South, Range 69 West of the 6th P.M., excepting that part lying South of the right-of-way of the Colorado and Southern Railway; the portion of the E1/2 of the E1/2 of the SW1/4 of the NE1/4 of said Section 16 lying North of the said right-of-way being more particularly described as follows: Beginning at the Northeast corner of the SW1/4 of the NE1/4 of said Section 16; thence S00°12'47"E along the East line of the said SW1/4 of the NE1/4 a distance of 952.89 feet to the northerly right-of-way line of the Colorado and Southern Railway; thence S74°38'30" W along said Northerly right-of-way line a distance of 344.46 feet to the West line of the E1/2 of the E1/2 of the SW1/4 of the NE1/4 of said Section 16; thence N00°12'53"W along said West line a distance of 1041.76 feet to the northwest corner of the E1/2 of the E1/2 of the SW1/4 of the NE1/4 of said Section 16; thence N89°35'34"E along the North line of the SW1/4 of the NE1/4 of said Section 16 a distance of 332.53 feet to the Point of Beginning, City of Wheat Ridge, County of Jefferson, State of Colorado, containing 331,623 square feet or 7.613 acres more or less.".
Page 13, strike line 3 and substitute the following:
"Parcel 1 (Portion of Book 821 Page 179):
That part of the SE1/4 of the NW1/4 of Section 16, Township 3 South, Range 69 West of the 6th P.M. described as follows: Beginning at the NE corner of the SE1/4 of the NW1/4 of said Section 16, thence S00°13'11"E along the East line of said SE1/4, NW1/4 a distance of 522.50 feet, more or less, to the Northeast corner of property described in Reception No. 86158519 of the Jefferson County records; thence S89°37'11"W parallel with the North line of the SE1/4 of the NW1/4 of said Section 16 and along the North line of said property described in Reception No. 86158519 a distance of 859.27 feet to the Northwest corner of said property, said corner is on the West line of the East 26 Acres of the SE1/4 of the NW1/4 of said Section 16; thence N00°13'11"W parallel with said East line of the SE1/4 of the NW1/4 and along said West line of the East 26 Acres a distance of 522.50 feet, more or less, to the North line of the SE1/4 of the NW1/4 of said Section 16; thence N89°37'11"E along said North line a distance of 859.27 feet to the Point of Beginning, City or Arvada, County of Jefferson, State of Colorado, containing 448,976 square feet or 10.3069 acres more or less.
Parcel 2 (Reception No. 86158518):
All that part of the W1/2 of the SW1/4 of the NE1/4 of Section 16, Township 3 South, Range 69 West of the 6th P.M., lying North of the County Road known as West 52nd Avenue (Ridge Road), more particularly described as follows: Commencing at the SW corner of the NE1/4 of said Section 16; thence N00°13'11"W on and along the West line of said NE1/4 a distance of 71.25 feet to a point on the Northerly right-of-way line of Ridge Road, said point also being the Point of Beginning; thence N00°13'11"W on and along said West line of the NE1/4 a distance of 1246.20 feet to the NW corner of said SW1/4 of the NE1/4; thence N89°34'34"E on and along the North line of said SW1/4 of the NE1/4 a distance of 665.06 feet to the NE corner of said W1/2 of the SW1/4 of the NE1/4; thence S00°12'59"E on and along the East line of said W1/2 of the SW1/4 of the NE1/4 a distance of 1068.47 feet to a point on said Northerly right-of-way line of Ridge Road; thence S74°38'30"W on and along said right-of-way line a distance of 688.90 feet, more or less, to the Point of Beginning, City of Wheat Ridge, County of Jefferson, State of Colorado, containing 769,643 square feet or 17.6688 acres more or less.";
strike line 21 and substitute the following:
"Parcel 3:
That part of the NE1/4 of Section 16, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Arvada, County of Jefferson, State of Colorado, more particularly described as follows: For the purpose of this description the bearings are based on the North line of the NE1/4 of said Section 16, monumented by a 3-1/4" brass cap in a Range Box stamped by a PLS 13212 at the NE corner and the N1/4 corner of said Section 16, as bearing S89°38'33"W. Commencing at the NE corner of said Section 16; thence S89°38'33"W along the North line of the NE1/4 of said Section 16 a distance of 665.13 feet to the NW corner of the NE1/4 of the NE1/4 of the NE1/4 of said Section 16; thence S00°12'34"E along the West line of said NE1/4 of the NE1/4 of the NE1/4 of Section 16 a distance of 350.00 feet; thence S89°38'33"W a distance of 285.68 feet to the intersection with the westerly right-of-way line of Kipling Street, as described in State Board of Land Commissioners Book 25, R.O.W. No. 2550 and Recorded under Reception No. 84075705 of the Jefferson County Records; thence continuing S89°38'33"W a distance of 673.02 feet; thence S00°24'26"E a distance of 533.65 feet; thence S73°47'51"E a distance of 57.61 feet; thence southeasterly along a Curve to the right having a Central Angle of 73°34'56", a Radius of 386 feet, an Arc Length of 495.72 feet, the Chord of which bears S37°00'25"E a distance of 462.35 feet; thence S00°12'58"E a distance of 207.48 feet to the Point of Beginning; thence N89°36'07"E a distance of 588.50 feet; thence S17°48'39"W a distance of 159.97 feet; thence southeasterly along a Curve to the left having a Central Angle of 28°20'18", a Radius of 200.00 feet, an Arc Length of 98.92 feet, the Chord of which bears S03°38'30"W a distance of 97.91 feet; thence S10°31'39"E a distance of 375.69 feet to the northerly right-of-way line of the Burlington Northern Railroad (Colorado & Southern), as described in Colorado State Board of Land Commissioners R.O.W. No. 1062; thence S74°38'30"W along said northerly right-of-way line a distance of 663.16 feet to the East line of the SW1/4 of the NE1/4 of said Section 16; thence N00°12'47"W along said East line of the SW1/4 of the NE1/4 of Section 16 a distance of 790.66 feet; thence N89°36'07"E a distance of 40.44 feet to the Point of Beginning, containing 426,782 square feet or 9.7976 acres, more or less.".
Page 14, line 9, strike "portion of the";
strike lines 10 and 11 and substitute the following:
"right-of-way land, which right-of-way land,";
strike line 14 and substitute the following:
"Township Three South (T3S), Range Sixty-Nine West (R69W)
of the Sixth Principal Meridian (6th PM), Jefferson County
North Campus Property
Section Sixteen (Sec. 16): A parcel of land in the northeast one-quarter (NE ¼), more particularly described as follows:
Commencing at the northeast corner of said Section 16;
Thence South 89 °38' 33" West along the north line of said NE ¼ a distance of 718.06 feet to the easterly right-of-way line of Kipling Street as described in State Board of Land Commissioners R.O.W. No. 2550, Book 25;
Thence continuing South 89 °38' 33" West along said north line a distance of 200.30 feet to the westerly right-of-way line of said Kipling Street;
Thence South 14 °59' 28" West along said westerly right-of-way line a distance of 85.80 feet to a point of curve;
Thence southerly along a curve to the left having a central angle of 16 °55' 48", a radius of 908.50 feet an arc length of 268.45 feet, the chord of which bears South 01 °55' 20" West, 267.47 feet to the Point of Beginning;
Thence continuing along said westerly right-of-way line of Kipling Street the following six (6) courses:
(1) Continuing southerly along a curve to the left having a central angle of 41 °53' 14", a radius of 908.50 feet, an arc length of 664.18 feet, the chord of which bears South 27 °29' 11" East 649.49 feet to a point of tangent;
(2) South 53 °02' 02" East a distance of 210.90 feet;
(3) South 55 °25' 47" East a distance of 104.60 feet;
(4) South 53 °09' 52" East a distance of 188.90 feet to a point of curve;
(5) Southeasterly along a curve to the right having a central angle of 28 °02' 38", a radius of 728.50 feet an arc length of 356.57 feet, the chord of which bears South 34 °24' 32" East 353.02 feet;
(6) South 01 °12' 22" East and parallel with the east line of the NE ¼ of said Section 16 a distance of 407.20 feet to the northerly right-of-way line of the Burlington Northern Railroad (Colorado and Southern) as described in Colorado State Board of Land Commissioners R.O.W. No. 1062;
Thence along said northerly railroad right-of-way line the following two (2) courses:
(1) Southwesterly along a curve to the left having a central angle of 02 °57' 51", a radius of 3325.00 feet, an arc length of 172.02 feet, the chord of which bears South 75 °03' 47" West 172.01 feet to a point of tangent;
(2) South 74 °38' 30" West along said northerly railroad right-of-way line a distance of 1153.70 feet to the east line of the SWNE of said Section 16;
Thence North 00 °12' 47" West along said SWNE a distance of 952.89 feet to the northeast corner of the SWNW of said Section 16;
Thence South 89 °35' 34" West along the north line of said SWNW a distance of 290.29 feet;
Thence North 00 °24' 26" West a distance of 966.55 feet;
Thence North 89 °38' 33" East a distance of 673.02 feet to the Point of Beginning.
Containing 43.911 acres, more or less, according to the survey prepared by David L. Forde P.L.S. # 27601 date 2/13/1998.
and
South Campus Property
Section Sixteen (Sec. 16): A parcel of land being all of the northeast one-quarter of the southeast one-quarter, NE ¼ SE ¼) and portions of the southeast one-quarter, of the northeast one-quarter (SE ¼ NE ¼) being more particularly described as follows:
Beginning at the northeast corner of said northeast one-quarter of the southeast one-quarter;
Thence, South 00 °12' 37" East, along the east line of said southeast one-quarter, 1316.31 feet, to the southeast corner of said northeast one-quarter of the southeast one-quarter;
Thence South 89 °29' 47" West along the south line of said northeast one-quarter of the southeast one-quarter, 1329.87 feet to the southwest corner of said northeast one-quarter of the southeast one-quarter;
Thence North 00 °12' 54" West, along the west line of said northeast one-quarter of the southeast one-quarter 1317.39 feet, to the northwest corner of said northeast one-quarter of the southeast one-quarter;
Thence North 00 °12' 47" West, along the west line of said southeast one-quarter of the northeast one-quarter, 363.72 feet to the north right-of-way line of the Burlington Northern Railroad;
Thence, North 73 °40' 13" East along said north right-of-way line 1374.71 feet, to the east line of said southeast one-quarter of the northeast one-quarter;
Thence, south 00 °12' 22" East, along said east line 739.48 feet to the Point of Beginning.
Containing a total of 56.77 acres, more or less.
Basis of Bearings: Bearings are based on the east line of said northeast one-quarter of the southeast one-quarter as monumented on each end by a 3 1/4" brass cap, marked City of Westminster, PLS # 13212 and bearing South 00°12'37" East.
Note: This legal description was prepared from information supplied to Kirkham Michael by the State Land Board and as directed by the State Land Board.
Both North Campus and South Campus containing, in all, 100.61 acres, more or less.".
SB00-211 be referred to the Committee of the Whole with favorable recommendation.
HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS
After consideration on the merits, the Committee recommends the following:
SB00-128 be referred favorably to the Committee on Appropriations.
LOCAL GOVERNMENT
After consideration on the merits, the Committee recommends the following:
HB00-1199 be postponed indefinitely.______________
DELIVERY OF BILLS TO GOVERNOR
The Chief Clerk of the House of Representatives reports the following bills have been delivered to the Office of the Governor: HB00-1159, 1283, 1284, 1416 at 3:40 p.m. on April 24, 2000.______________
MESSAGE FROM THE GOVERNOR
I certify I received the following on the 24th day of April, 2000, at 3:15 p.m. The original is on file in the records of the House of Representatives of the General Assembly.
Judith Rodrigue,