Journal for 02/18/2000

House Journal--45th Day--February 18, 2000

1/18/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Forty-fifth Legislative Day Friday, February 18, 2000

Prayer by Father Ed Judy, Samaritan House, Denver.

The Speaker called the House to order at 8:00 a.m.

The roll was called with the following result:

Present--50.

Excused--Representatives Allen, Bacon, Berry, Kaufman, Lawrence, McPherson, Saliman, Spence, Tapia, Taylor, Tool, Vigil, Young--13.

Absent--Representatives Coleman, Stengel--2.

Present after roll call--Representatives Allen, Bacon, Berry, Coleman, Lawrence, McPherson, Saliman, Spence, Stengel, Tapia, Taylor, Tool, Vigil, Young

The Speaker declared a quorum present.

_______________

On motion of Representative Clapp, the reading of the journal of February 17, 2000, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

BUSINESS AFFAIRS AND LABOR

After consideration on the merits, the Committee recommends the following:

HB00-1258

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 4, after line 11, insert the following:

SECTION 3.

Repeal.

12-2-104 (1) (m), Colorado Revised Statutes, is repealed as follows:

12-2-104. Powers and duties of board.

(1) The board has the power and duty to:

(m)

Make rules consistent with this article to determine educational requirements, in addition to those set forth in section 12-2-109, as may be necessary to comply with uniform educational standards set by the American institute of certified public accountants, national association of state boards of accountancy, or other nationally recognized programs approved by the board, to take the certified public accountant examination or for the issuance of the certificate of certified public accountant.

Renumber succeeding sections accordingly.

Page 5, strike lines 12 through 23.

Renumber succeeding sections accordingly.

Page 6, strike lines 6 through 17 and substitute the following:

SECTION 6.

12-2-117 (1), (2), (2.5), (3.5), and (7), Colorado Revised Statutes, are amended to read:

12-2-117. Partnerships, professional corporations, and limited liability companies composed of certified public accountants - registration thereof.

(1) A partnership, professional corporation, or limited liability company engaged, in this state, in the practice of public accounting as certified public accountants shall register once every three years with the board as a partnership, professional corporation, or limited liability company of certified public accountants and must meet the following requirements; and, as used in this article, "partnership" includes a registered

limited partnership,

limited liability partnership,

and limited liability limited partnership

and a foreign

limited partnership,

limited liability partnership,

and limited liability limited partnership

(a) At least one partner, shareholder, or member who shall also be a director or manager thereof must be a certified public accountant

or registered firm

of this state in good standing.".

Page 7, line 2, strike "

" and substitute "or";

line 4, after "standing," insert "

or registered firm in this state".

Page 8, line 4, strike "

shall

" and substitute "

may

Page 9, after line 1, insert the following:

"(2.5) As used in subsections (3) and (3.5) of this section, "employee" includes a member of a limited liability company and a partner in a

~~registered~~

limited partnership,

limited liability partnership,

or limited liability limited partnership

or foreign

limited partnership,

limited liability partnership,

or limited liability limited partnership

(3.5) No limited liability company,

~~registered~~

limited liability partnership,

limited partnership, or limited liability limited partnership,

or foreign

limited partnership,

limited liability partnership,

or limited liability limited partnership

engaged in the practice of public accounting in this state and in one or more other jurisdictions shall be required to include a provision in its articles of organization or organizing documents as otherwise required by subsection (3) of this section, but shall be subject, with respect to the practice of public accounting within this state, to the requirements of paragraphs (a), (b), (c), and (d) of subsection (3) of this section.

(7) Foreign partnerships, corporations,

limited partnerships, limited liability limited partnerships,

or limited liability companies may engage in the practice of public accounting in this state as certified public accountants so long as their organizing documents, articles of incorporation, or articles of organization provide that such partnership, corporation,

limited partnership, limited liability limited partnership,

or limited liability company is organized solely for the purpose of practicing accountancy and such other activities as may from time to time be specifically found by the board to be activities suitable and proper to be performed by certified public accountants and comply with and meet the requirements of subsection (3) of this section.

SECTION 7.

12-2-122.5 (1), Colorado Revised Statutes, is amended to read:

12-2-122.5. Inactive certificant.

(1) The holder of a certificate of certified public accountant, upon written notice by first class mail to the board, shall have his

or her

name transferred to an inactive list and shall not be required to comply with the continuing education requirements for certificate renewal pursuant to section 12-2-119 so long as he

or she

remains inactive. Each inactive certificant shall register once every

~~three~~

two

years with the board in the same manner as

~~partnerships and corporations pursuant to section 12-2-117~~

active certificate holders and pay a fee pursuant to section 12-2-108 (3)

. At such time as an inactive certificant wishes to resume the practice of public accounting as a certified public accountant, he

or she

shall file an application therefor, meet any education requirements imposed by the board, and pay a fee as established by the board.".

Renumber succeeding sections accordingly.

Page 9, strike lines 2 through 4 and substitute the following:

SECTION 8.

12-2-123 (1) (j), Colorado Revised Statutes, is amended, and the said 12-2-123 (1) is further amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read:";

after line 11, insert the following:

"(j) Providing public accounting services to the public for a fee without an active certificate of certified public accountant or a valid registration

~~or, without an active certificate, acting as an employee of a holder of a certificate of certified public accountant,~~

or acting as

~~an employee,~~

a member,

partner, or shareholder of a partnership or professional corporation registered pursuant to section 12-2-117;";

line 20, strike "

written

after line 21, insert the following:

SECTION 9.

12-2-126 (1), Colorado Revised Statutes, is amended to read:

12-2-126. Investigations, examinations, and cease and desist orders against unlawful act.

(1) (a) The board, on its own motion

based on reasonable grounds

or on the

signed, written

complaint of any person, may investigate any person who has engaged, is engaging, or threatens to engage in any act or practice which constitutes a violation of any provision of this article. The board or any member thereof may issue subpoenas to compel the attendance of witnesses and the production of documents and may administer oaths, take testimony, hear proofs, and receive exhibits in evidence in connection with any investigation under this section. In case of disobedience to a subpoena, the board may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of documentary evidence.

(b) (I) Complaints of record

~~on file with~~

that are dismissed by

the board and the results of investigation

of such complaints

shall be closed to public inspection.

during the investigatory period and until dismissed or until notice of hearing and charges are served on an applicant or certificant. The board's records and papers shall be subject to the provisions of sections 24-72-203 and 24-72-204, C.R.S., regarding public records and confidentiality.

(II)

If the investigation discloses an instance of conduct which, in the opinion of the board, does not warrant formal action but in which the board has noticed indications of possible errant conduct by the certificate holder that could lead to serious consequences if not corrected, a confidential letter of concern shall be sent to the certificate holder against whom a complaint was made. If the board learns of second or subsequent actions of the same or similar nature by the certificate holder, the board shall not issue a confidential letter of concern but shall take such other course of action as it deems appropriate.

(c)

Complaints of record that are not dismissed by the board and are the results of investigations of such complaints shall be closed to public inspection during the investigatory period and until a stipulated agreement is reached between the applicant or certificate holder and the board or until notice of hearing and charges are filed and served on an applicant or certificate holder. Except for confidential books of account, financial records, advice, reports, or working papers provided by the client, the certified public accountant or the certified public accounting firm, the board's records and papers shall be subject to the provisions of section 24-72-203 and 24-72-204, C.R.S., regarding public records and confidentiality.

Renumber succeeding sections accordingly.

Page 10, after line 1, insert the following:

SECTION 11. Repeal.

Rule 2.4:4 of the Department of Regulatory Agencies (3 CCR 705-1), concerning concentration in accounting or the equivalent under 12-2-109 (1)

(a)

(I) is repealed.".

Renumber succeeding sections accordingly.

HB00-1269

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, line 13, strike "

boards or commissions, other

" and substitute "

or boards or commissions.

strike line 14.

Page 4, line 16, strike "

February"

and substitute "

July"

Page 5, line 23, strike "

February"

and substitute "

July"

HB00-1345

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, after line 16, insert the following:

"(1)

"Certificate of installation" means a certificate issued by the division of housing for an installation of a manufactured home that meets the requirements of this part 31.

Renumber succeeding subsections accordingly.

Page 4, after line 4, insert the following:

"(4)

"Independent contractor" means a local jurisdiction, individual, private firm, housing inspector, or engineer who has been approved by the division to perform and enforce installation inspections.

Renumber succeeding subsections accordingly.

Page 7, strike lines 13 and 14 and substitute the following:

only be inspected by the division or an independent contractor upon the written request of the owner,

line 15, strike "

manufactured home,

line 22, strike "

available"

and substitute "

applicable

Page 8, line 4, strike "

obtain

" and substitute "

make

line 20, strike "

to the owner

line 21, strike "

of the manufactured home and

Page 10, line 16, after "(6)", insert "(a)";

strike lines 22 through 26.

Page 11, strike lines 1 through 8 and substitute the following:

provisions of this part 31. The certificate of installation shall include, but not be limited to, the following:

(I)

The name, address, and telephone number of the division or the local government unit issuing the certificate;

(II)

The date the installation was completed; and

(III)

The name, address, telephone number, and registration number of the registered installer who performed the installation.

(b)

If a vacant manufactured home fails the installation inspection because of conditions that endanger the health or safety of the occupant, the manufactured home shall not be occupied. If the manufactured home fails the installation inspection because of conditions that do not endanger the health or safety of the occupant, the manufactured home may be occupied pending the correction of those defects or deficiencies that served as the basis of the failed inspection.

line 14, strike "

owner, occupant,

" and substitute "

owner"

;

line 15, strike "

owner, occupant, or installer

" and substitute "

party who requested the inspection.

line 16, strike "

of the manufactured home.

Page 13, line 7, strike "

contract with

" and substitute "

utilize

line 19, strike "

and indirect

strike lines 20 through 25 and substitute the following:

"administration of this part 31.".

Page 14, line 23, strike "

The

strike lines 24 through 26.

Page 15, strike lines 1 through 4;

line 21, after the period, add "

Any intentional violation of the provisions of this part 31 shall constitute a deceptive trade practice and shall be subject to the provisions of article 1 of title 6, C.R.S.

Page 16, after line 9, insert the following:

SECTION 2.

6-1-105 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

6-1-105. Deceptive trade practices.

(1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person:

(rr)

Violates part 31 of article 32 of title 24, C.R.S.

Renumber succeeding sections accordingly.

HB00-1347

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, line 8, strike "

anything

" and substitute "

any activity of licensees

Page 5, line 8, strike "

law.

" and substitute "

law; except that "sweepstakes" shall not be construed to include any activity of licensees regulated under article 9 or article 47.1 of title 12, C.R.S., or part 2 of article 35 of title 24, C.R.S.

HB00-1395

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, strike lines 5 through 8 and substitute the following:

"(1)

There is hereby created, in the department of state, a task force on information policy to meet before and during the 2001 interim. The task force shall recommend legislation for the 2002 legislative session, as well

line 12, strike "

eighteen

" and substitute "

twenty-nine

after line 13, insert the following:

"(a)

The secretary of state or his or her designee;

(b)

The attorney general or his or her designee;

Reletter succeeding paragraphs accordingly.

Page 3, line 14, strike "

twelve

" and substitute "

fifteen

line 20, strike "

state or

" and substitute "

state, the office of the attorney general,

line 21, strike "

agencies;

" and substitute "

agencies, or the department of revenue;

strike line 24 and substitute the following:

"(V)

One representative of the department of revenue;

(VI)

One representative of the judicial branch of government, nominated by the chief justice of the Colorado supreme court;

(VII)

One representative of Colorado citizens who are fifty-five years of age or older;

(VIII)

One representative of providers of electronic information pertaining to individuals;

Renumber succeeding subparagraphs accordingly.

Page 4, line 15, strike "

appointee

" and substitute "

appointed

line 18, strike "

investigators;

" and substitute "

investigators or bail bonding agents;

strike lines 20 and 21 and substitute the following:

"(f)

Three members of the house of representatives and three members of the senate, appointed in accordance with applicable rules of the house of representatives and senate respectively.

(3)

The secretary of state or his or her designee shall serve as chairperson of the task force.

line 23, strike "

sixty

" and substitute "

ninety

after line 26, insert the following:

"(6)

Members of the task force shall represent as broad a spectrum as possible of the constituency they were appointed to represent and shall advocate the views of such constituency in a fair and unbiased manner.

Page 5, line 1, strike "(6)" and substitute "(7)";

line 7, strike "

monthly,

" and substitute "

quarterly,

", and strike "

July,

" and substitute "

September,

Page 6, line 5, strike "2000," and substitute "2001,";

strike lines 10 and 11 and substitute the following:

"(3)

The secretary of state shall facilitate, coordinate, and account for the acceptance of funding from sources described in subsection (4) of this section in order to furnish the task force with such

after line 21, insert the following:

"(4)

Unless otherwise prohibited by law, costs associated with the task force and its activities may be fully or partly defrayed by monetary or in-kind contributions from state, federal, regional, county, municipal, special district, or other governmental units or subdivisions; private business and industry; nonprofit organizations; and other sources.

line 22, strike "(4)" and substitute "(5)".

Page 7, strike lines 7 and 8 and substitute the following:

of this part 3, the secretary of state shall

line 13, strike "

chief technology officer

" and substitute "

secretary of state

line 19, strike "2001." and substitute "2002.".

TRANSPORTATION AND ENERGY

After consideration on the merits, the Committee recommends the following:

HB00-1381

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, strike lines 2 through 4.

Page 2, strike lines 1 through 12.

Renumber succeeding sections accordingly.

Page 2, line 22, strike "

average

" and substitute "

posted

", and strike "

hour

" and substitute "

hour.

strike line 23 and substitute the following:

"Such fee shall be posted".

Page 3, after line 1, insert the following:

SECTION 2. Repeal.

42-4-404 (2) (d), Colorado Revised Statutes, is repealed as follows:

42-4-404. Powers and duties of the executive director of the department of public health and environment.

(2) The executive director shall instruct the department of revenue to issue a license as a diesel inspection station to one or more parties with either new or existing diesel emissions inspection facilities. Such instruction shall be based on, among other factors:

(d)

~~The fee the station would charge the owner or operator of the diesel vehicle for a diesel emissions inspection.~~

Renumber succeeding section accordingly.

HB00-1393

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 1, line 8, strike "motorcycle," and substitute "

~~motorcycle,~~

noncommercial or recreational vehicle,

line 9, strike "weight:" and substitute "weight,

or a motorcycle that does not exceed six thousand five hundred pounds empty weight:

Page 2, line 4, before "

", insert "

a noncommercial or recreational vehicle,

line 8, before "

", insert "

a noncommercial or recreational vehicle,

line 12, before "

", insert "

a noncommercial or recreational vehicle,

line 16, before "

", insert "

a noncommercial or recreational vehicle,

line 23, before "

", insert "

a noncommercial or recreational vehicle,

Page 3, line 4, before "

", insert "

a noncommercial or recreational vehicle,

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes:

SB00-011, amended as printed in Senate Journal, February 16, page 328, and on Third Reading as printed in Senate Journal, February 17;

SB00-078, amended as printed in Senate Journal, February 16, page 328.

_________

The Senate has adopted and transmits herewith: SJR00-005.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB00-011, and 078.

_______________

On motion of Representative Dean,

HB00-1186, 1159, 1185, 1368, 1314, 1315, 1332, 1259, 1291, 1049, 1103, 1306, 1352, 1048, 1116, 1268, 1142, 1391, 1271, 1277

shall be made Special Orders on Friday, February 18, 2000.

_______________

On motion of Representative Hefley, the House resolved itself into Committee of the Whole for consideration of Special Orders and she was called to the Chair to act as Chairman.

_______________

SPECIAL ORDERS--SECOND READING OF BILLS

The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been dispensed with by unanimous consent), the bills considered and action taken thereon as follows:

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

HB00-1223

By Representatives Smith, Berry, Coleman, Johnson, Kaufman, Keller, Kester, Larson, Morrison, and Webster; also Senators Anderson, Pascoe, Feeley, Lacy, Matsunaka, Phillips, and Weddig--Concerning enhanced land use planning relationships among local governments.

Amendment No. 1

, Local Government Report, dated January 31, 2000, and placed in member's bill file; Report also printed in House Journal, February 3, pages 296-300.

Amendment No. 2

, by Representative Smith.

Amend the Local Government Committee Report, dated January 31, 2000, page 1, strike lines 10 through 15 and substitute the following:

"Page 5, strike line 9 and substitute the following:

"BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:";

line 11, after "

any

", insert "

preliminary

line 15, after "

eligible

", insert "

on the day of the application

line 18, after "

county.

", add "

A county shall make such initial determination of eligibility for annexation and refer the landowner to the municipality as required by this section within thirty days after its receipt of the preliminary application.

line 20, after "

municipality

", insert "

notifies the landowner that it";

line 21, strike "

annex

" and substitute "

entertain a petition for annexation of

line 22, strike "

one-hundred twenty days

" and substitute "

sixty days after the date of the municipality's receipt of such application

line 25, after "

master

", insert "

or comprehensive

line 26, strike "

procedures

." and substitute "

procedures, including applicable zoning and subdivision regulations.

".".

Page 2 of the Committee Report, strike line 1 and substitute the following:

"Page 6 of the printed bill, after line 2, insert the following:

"(3)

Where a county requests a landowner who has submitted an application for subdivision or urban development to seek annexation by a municipality and the municipality gives notice of its intent to annex such land, in accordance with the provisions of subsection (2) of this section, then the process for obtaining approval of such application shall be governed by the municipality's adopted master plan, standards, and procedures, and any such approval granted by the municipality shall be binding on the county.

strike lines 10 through 19 and substitute the following:".

Page 4 of the Committee Report, line 16, strike "lines 19 and" and substitute "line";

strike line 17 and substitute the following:

"ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read:".

Page 5 of the Committee Report, strike line 8 and substitute the following:

"C.R.S.

(e.5)

Nothing in this section shall affect the rights of county residents to petition their duly elected officials pursuant to section 24 of article II of the state constitution.

".".

Amendment No. 3

, by Representatives Smith and Plant.

Amend the Local Government Committee Report, dated January 31, 2000, page 2, line 15, strike the first "is" and substitute "are".

Page 3, strike line 17 and substitute the following:

SECTION 5.

30-28-106, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

30-28-106. Adoption of master plan - contents.

(1.3)

In order to encourage citizen participation in the region or county's master planning process, the commission shall solicit public input prior to the adoption of a master plan pursuant to the provisions of subsection (1) of this section. In conformity with that goal, the commission shall schedule no less than two public hearings prior to the adoption of such master plan. Notice of such hearings shall be publicized in a newspaper of general circulation in the area in a manner sufficient to notify the public of the time, place, and nature of the hearing. The commission shall accept and consider oral and written public comments throughout the process by which the master plan is adopted

SECTION 6.

31-23-206 (1) (b) and (3), Colorado Revised";

line 18, strike the first "is" and substitute "are";

strike line 19 and substitute the following:

"ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:".

Page 4, line 11, strike "municipality"." and substitute "municipality";";

after line 11, insert the following:

"after line 21 of the printed bill, insert the following:

"(4)

In order to encourage citizen participation in the municipality's master planning process, the commission shall solicit public input prior to the adoption of a master plan pursuant to the provisions of subsection (1) of this section. In conformity with that goal, the commission shall schedule no less than two public hearings prior to the adoption of such master plan. Notice of such hearings shall be publicized in a newspaper of general circulation in the area in a manner sufficient to notify the public of the time, place, and nature of the hearing. The commission shall accept and consider oral and written public comments throughout the process by which the master plan is adopted

.".

Renumber succeeding sections accordingly.".

Page 6 of the Committee Report, line 3, strike "

15.

" and substitute "

16.

Amendment No. 4

, by Representative Smith.

Amend the Local Government Committee Report, dated January 31, 2000, page 6, strike lines 5 through 20 and substitute the following:

38-5-108. Consent necessary to use of streets.

Nothing in this article shall be construed to authorize any person, partnership, association, corporation, or city or town to erect any poles, construct any electric light power line, or pipeline, or extend any wires or lines along, through, in, upon, under, or over any streets or alleys of any city,

consolidated city and county

, or incorporated town without first obtaining the consent of the municipal authorities having power to give the consent of such city,

city and county

, or incorporated town.

Such city, consolidated city and county, or incorporated town may not unreasonably deny, withhold, or condition such consent.

".".

Amendment No. 5

, by Representative Plant.

Amend the Local Government Committee Report, dated January 31, 2000, page 2, line 15, strike the first "is" and substitute "are";

strike line 16 and substitute the following:

"THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read:".

Page 3, after line 14, insert the following:

"(e.5)

The master plan of a county or region shall contain an urban service area map that identifies its urban service area. For purposes of this section, an urban service area shall consist of an area of real property that can accommodate residential and nonresidential development projected to occur within such area for a period of twenty years following the adoption of the master plan of the county or region and that has funding available over the next twenty years, based upon applicable budgetary, taxing, borrowing, and spending constraints for public facilities and service capacities, including water, sewer, roads, schools, open space, and utilities, to support such development on an equitable and efficient basis. All new development within the urban service area shall be located on and contiguous with central water and sewer services.

line 18, strike the first "is" and substitute "are";

strike line 19 and substitute the following:

"ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:".

Page 4, after line 10, insert the following:

"(1.5)

The master plan of a municipality shall contain an urban service area map that identifies its urban service area. For purposes of this section, an urban service area shall consist of an area of real property that can accommodate residential and nonresidential development projected to occur within such area for a period of twenty years following the adoption of the master plan of the municipality and that has funding available over the next twenty years, based upon applicable budgetary, taxing, borrowing, and spending constraints for public facilities and service capacities, including water, sewer, roads, schools, open space, and utilities, to support such development on an equitable and efficient basis. All new development within the urban service area shall be located on and contiguous with central water and sewer services.

Amendment No. 6

, by Representative Smith.

Amend printed bill, page 11, line 17, after "area.", add the following:

Such plan shall, to the extent reasonably practicable, state the intent of the municipality to exclude any property within the area from a special district pursuant to section 32-1-502, C.R.S., including the municipality's assessment of the impacts upon the special district arising out of municipal annexations within such area

.".

Page 17, before line 17, insert the following:

SECTION 15.

32-1-502 (2) (c), Colorado Revised Statutes, is amended to read:

32-1-502. Exclusion of property within municipality - procedure.

(2) Subject to the provisions of subsection (5) of this section, the court shall hold a hearing on the petition and order the territory described in the petition or any portion thereof excluded from the special district if the following conditions are met:

(c) The governing body of the municipality and the board shall each submit a plan for the disposition of assets and continuation of services to all areas of the district. Said plans shall include, if applicable, provisions for the maintenance and continuity of facilities to be utilized by the territories both within and without the municipal boundaries and of services to all territories served or previously served by the special district. If the municipality and the special district agree upon a single plan and enter into a contract incorporating its provisions, the court shall review such contract, and if it finds the contract to be fair and equitable, the court shall approve the contract and incorporate its provisions into its exclusion order. The court's review of the provisions of the contract shall include, but not be limited to, consideration of the amount of the special district's outstanding bonds, the discharge by the municipality or the territory excluded from the special district of that portion of the special district's indebtedness incurred to serve the territory proposed for exclusion, the fair market value and source of special district facilities located within the territory proposed for exclusion, the facilities to be transferred which are necessary to serve the territory proposed for exclusion, the adequacy of the facilities retained by the special district to serve the remaining territory of the special district, the availability of the facilities transferred to the municipality for use, in whole or in part, in the remaining territory of the special district, the effect

~~which~~

that

the transfer of the facilities and assumption of indebtedness will have upon the service provided by the special district in territory

~~which~~

that

is not part of the exclusion,

~~and~~

the extent to which the exclusion reduces the services or facilities or increases the costs to users in the remaining territory of the special district

, and the impacts upon the special district arising out of municipal annexations or exclusions of territory within the special district pursuant to the provisions of this section.

Renumber succeeding sections accordingly.

Amendment No. 7

, by Representative Smith.

Amend printed bill, page 17, before line 17, insert the following:

SECTION 16.

31-12-115 (1), Colorado Revised Statutes, is amended to read:

31-12-115. Zoning of land while annexation is under way - zoning of newly annexed land - subdivision of land while annexation is under way.

(1) An annexing municipality may institute the procedure outlined in state statutes or municipal charter to make land subject to zoning at any time after a petition for annexation or a petition for an annexation election has been found to be valid in accordance with the provisions of section 31-12-107. The proposed zoning ordinance shall not be passed on final reading prior to the date when the annexation ordinance is passed on final reading.

~~If the zoning process is commenced prior to the effective date of the annexation ordinance,~~

The legal protest area for zoning shall be determined solely on geographic location, irrespective of whether the land in such legal protest area is within or without or partly within and partly without the annexing municipality.

SECTION 17.

31-12-105 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

31-12-105. Limitations.

(1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations shall apply to all annexations:

(i) (I)

In the event annexation of a planned or existing residential community, whether accomplished in a single stage or a series of annexations, takes place without the annexation of any portion of such community, the annexing municipality shall annex such remaining portion within three years of the last annexation in the series so long as:

(A)

Such remaining portion is otherwise eligible for annexation pursuant to the requirements of this article; and

(B) A valid petition for annexation or annexation election with respect to such remaining portion is received by the municipality within the three-year period and, in the event of a petition for annexation election, the question of such annexation has been approved by the qualified electors pursuant to section 31-12-112.

(II) The municipality may impose additional terms and conditions upon the annexation of such remaining territory as permitted by section 31-12-107 (4).

(III) For purposes of this paragraph (

), a "planned or existing residential community" is an area zoned and platted for residential use by a single owner or developer or an area for which an application for such zoning and platting has been made and which application was or is proposed to be approved in a single stage by the county or municipality with jurisdiction over such application.

Renumber succeeding sections accordingly.

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

(For change in action, see Amendments to Report.)

HB00-1249

by Representatives Paschall, Alexander, Clapp, Dean, Decker, Fairbank, Hefley, King, Lee, May, McKay, Mitchell, Scott, Sinclair, Witwer; also Senators Andrews, Congrove, Evans, Hillman, Teck--Concerning strength-ening of the marriage relationship.

Laid over until February 21, retaining place on Calendar.

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.

Amendment No. 1

, Business Affairs & Labor Report, dated January 27, 2000, and placed in member’s bill file; Report also printed in House Journal, January 31, page 266-267.

Amendment No. 2

, by Representative George.

Amend printed bill, page 3, after line 25, insert the following:

"(III)

The following conduct by a motor vehicle dealer shall constitute just cause for termination without consideration of other factors:

(A)

Conviction of, or a plea of guilty or nolo contendere to, a felony;

(B)

A continuing pattern of fraudulent conduct against the manufacturer or consumers; or

(C)

Continuing failure to operate for ten days or longer."

Page 4, strike lines 7 through 13 and substitute the following:

"(j) (I)

To fail or refuse to offer to its same line-make franchised dealers all models manufactured for that line-make except as a result of a strike or labor difficulty, lack of manufacturing capacity, shortage of materials, freight embargo, or other cause over which the manufacturer has no control; or

(II) To require a dealer to pay an unreasonable fee, purchase unreasonable advertising displays or other materials, or comply with unreasonable training or facilities requirements as a prerequisite to receiving any particular model of that same line-make. For purposes of this subparagraph (II), reasonableness shall be judged based on the circumstances of the individual dealer and the conditions of the market served by the dealer.

(III)

This paragraph

(j)

shall not apply to manufacturers of recreational vehicles.

strike line 26 and substitute "

space unless such a requirement is justified by reasonable business considerations.

Page 5, line 1, after "(l)", insert "(I)";

line 4, strike "(I)" and substitute "(A)";

line 11, strike "(II)" and substitute "(B)";

line 16, strike "(III)" and substitute "(C)";

line 19, strike "

recommended or

line 20, strike "(IV)" and substitute "(D)";

line 25, strike "(V)" and substitute "(E)".

Page 6, after line 2, insert the following:

"(II)

This paragraph

(l)

shall only apply to manufacturers of recreational vehicles in cases where the manufacturer terminates, cancels, or fails to renew the recreational vehicle dealership franchise.

line 10, after "(n)", insert "(I)";

line 12, strike "(I)" and substitute "(A)";

line 15, strike "(II)" and substitute "(B)";

line 18, strike the semicolon and substitute a period;

after line 18, insert the following:

"(II)

This paragraph

(n)

shall not apply to manufacturers of recreational vehicles.

line 22, strike the period and add "

except in settlement of a bona fide dispute.

Page 7, after line 22, insert the following:

"(2)

Subsection (1) of this section shall not apply to:

(a)

The relocation of an existing dealership within two miles of its current location; or

(b)

The establishment of a replacement dealership, within two years, either at the former location or within two miles of the former location.

Renumber succeeding subsections accordingly.

Page 9, strike lines 6 and 7 and substitute the following:

manufacturer shall own, operate, or control any motor

line 12, strike "

one year,

" and substitute "

two years,

line 20, strike "

five

" and substitute "

seven

line 22, after "

dealerships

", insert "

of the same line-make

line 25, strike "

directly or indirectly,

" and substitute "

directly,

Page 12, line 22, strike "A NEW SUBSECTION" and substitute "THE FOLLOWING NEW SUBSECTIONS".

Page 13, after line 1, insert the following:

"(16.5)

"Recreational vehicle" means a camping trailer, fifth wheel trailer, motor home, recreational park trailer, travel trailer, or truck camper, all as defined in section 24-32-902, C.R.S.

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB00-1159

by Representatives Allen, Dean, Kester; also Senator Anderson--Concerning the financing of public schools.

Amendment No. 1

, Education Report, dated February 2, 2000, and placed in member's bill file; Report also printed in House Journal, February 3, pages 291-293.

Amendment No. 2

, Appropriations Report, dated February 9, 2000, and placed in member's bill file; Report also printed in House Journal, February 10, pages 427-429.

Amendment No. 3

, by Representatives Berry and Allen.

Amend the Appropriations Committee Report, dated February 9, 2000, page 4, strike lines 16 through 18, and substitute the following:

"Page 3, strike lines 19 through 34 and substitute the following:

SECTION 9.

Appropriation - adjustments to the 2000 long bill.

(1) In addition to any other appropriation, there is hereby appropriated, to the department of education, public school finance, for total program, for the fiscal year beginning July 1, 2000, the sum of one hundred twenty-four million eight hundred forty-four thousand two hundred thirty-seven dollars ($124,844,237), or so much thereof as may be necessary, for the implementation of this act. Of said sum, one hundred sixteen million two hundred eighty-nine thousand nine hundred forty-two dollars ($116,289,942) shall be from the general fund and eight million five hundred fifty-four thousand two hundred ninety-five dollars ($8,554,295) shall be from public school fund reserves.".";

Page 4 of the Committee Report, strike line 28 and substitute the following:

"22-20-114 (1) (b.8), Colorado Revised Statutes.

(3) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by five hundred thousand dollars ($500,000).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by five hundred thousand dollars ($500,000).".".".

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB00-1185

By Representative Berry; also Senator Matsunaka--Concerning the "Uniform Consumer Credit Code".

Amendment No. 1

, Business Affairs & Labor Report, dated January 25, 2000, and placed in member’s bill file; Report also printed in House Journal, January 28, page 233-236.

Amendment No. 2

, by Representative Berry.

Amend the Business Affairs and Labor Committee Report, dated January 25, 2000, page 4, line 11, after "

credit

", insert "

accounts

line 14, strike "

the remedies and penalties under

line 15, after "

creditors.

", add "

Notwithstanding anything to the contrary, the disclosures described in sections 5-3-105 (5), 5-3-106, 5-5-110 (4), and 5-5-111 (3) of this code take effect January 1, 2001.

strike lines 16 through 19;

strike lines 32 and 33 and substitute the following:

SECTION 5.

Effective date.

This act shall take effect July 1, 2000; except that the disclosures described in sections 5-3-105 (5), 5-3-106, 5-5-110 (4), and 5-5-111 (3) of this act take effect January 1, 2001.".".

Amendment No. 3

, by Representatives Berry and Tate.

Amend the Business Affairs & Labor Committee Report, dated January 25, 2000, page 1, strike line 1 and substitute the following:

"Amend printed bill, page 6, line 5, after "(2)", insert "(b)".

Page 37, line 9, strike "

twenty

" and substitute";

strike lines 3 and 4 of the Committee Report and substitute the following:

"Page 53, line 21, strike "

forty-five percent per year

;" and substitute "

the amounts provided in section 5-2-201;

".".

Amendment No. 4

, by Representative Witwer.

Amend printed bill, page 35, strike line 9;

line 11, strike "5-2-211." and substitute "5-2-211;

and

after line 11, insert the following:

"(c)

A finance charge may only be imposed on the unpaid balance remaining after the consumer's partial payment has been applied.

Amendment No. 5

, by Representative Paschall.

Amend printed bill, page 35, line 1, strike "

This

" and substitute "(a)

Except as provided in paragraph

(b)

of this subsection (4), this

strike line 5 and substitute the following:

by this section.

(b)

A supervised seller or lender may contract for the payment by a consumer of a prepaid finance charge. In addition to any other disclosure required by this code, a supervised seller or lender shall disclose to the consumer the amount of any such prepaid finance charge.

(c)

If the consumer credit transaction is

line 7, strike "(a)" and substitute "(I)";

line 10, strike "(b)" and substitute "(II)".

Amendment No. 6

, by Representative Berry.

Amend printed bill, page 27, line 5, strike "

" and substitute "

in which

line 21, strike "

creditor pursuant to a credit card;

" and substitute "

creditor;

Page 29, line 14, strike "

this

" and substitute "

any

line 17, strike "

this

" and substitute "

any

Page 37, line 3, strike "

from the finance charge

Page 53, line 12, strike "

1989",

" and substitute "

1980",

line 14, strike "

"Depository Institutions Act", including the

" and substitute "

line 16, strike "

regulation

" and substitute "

regulations

Page 66, strike lines 21 and 22 and substitute the following:

supervised lender extend credit on the condition or requirement that the consumer obtain additional credit, goods, or services from the supervised lender or a person related to the supervised lender unless otherwise permitted by law.

Page 67, line 13, strike "

(26),

" and substitute "

(15)

(c),".

Page 73, line 9, strike "

transactions

" and substitute "

sale

line 11, strike "

transaction

" and substitute "

sale

line 24, strike "

when

" and substitute "

at or before the time

Page 78, line 16, before "

credit

", insert "

consumer

Page 82, line 20, strike the first "

Page 121, line 13, before "

dwelling

", insert "

principal

Page 138, strike lines 16 through 22 and substitute the following:

5-6-201. Applicability.

(1)

Except as provided in subsections (2) and (3) of this section, this part 2 applies if a person:

(a)

Makes consumer credit sales and charges or collects a finance charge, or makes consumer leases, and if the person collects payments under the obligation for more than thirty days after inception of the consumer credit sale or consumer lease; or

(b)

Takes assignments of and undertakes direct collection of payments from, or enforcement of rights against, consumers arising from consumer credit sales or consumer leases.

(2)

This part 2 does not apply to supervised lenders described in section 5-1-301 (46), persons making consumer loans described in section 5-1-301 (15), or to persons licensed as collection agencies pursuant to article 14 of title 12, C.R.S.

(3)

Sections 5-6-203 (5) and 5-6-204 of this part 2 apply to all fees collected under this code.

Page 139, line 21, strike "(a)";

strike lines 25 and 26.

Page 140, strike lines 1 through 5.

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

(For change in action, see Amendments to Report.)

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.

Amendment No. 1

, by Representative Lee.

Amend printed bill, page 4, line 20, strike "

or certificate

line 21, strike "

department, a

" and substitute "

department

strike lines 22 through 25 and substitute the following:

until the person applying for the license submits to the department written

Page 5, line 8, strike "

or certified

line 12, strike "

department,

" and substitute "

department

strike lines 13 through 19 and substitute the following:

prior to issuance of a new or modified license.

line 20, strike "

or certification

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

On motion of Representative Dean, the remainder of the Special Orders Calendar (

HB00-1314, 1315, 1332, 1259, 1291, 1049, 1103, 1306, 1352, 1048, 1116, 1268, 1142, 1391, 1271, 1277

) was laid over until February 21, retaining place on Calendar.

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative Stengel moved to amend the Report of the Committee of the Whole to show that the following Stengel amendment, to HB00-1223, did pass, and that

HB00-1223, as amended

, did pass:

Amend the Local Government Committee Report, dated January 31, 2000, page 2, strike line 16 and substitute the following:

"THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read:".

Page 3, after line 14, insert the following:

"(e.5)

The master plan of a county or region shall also describe the ratio of housing units and primary jobs available within that region or county, both current and projected, and the anticipated location of new homes or primary jobs necessary to bring this ratio into reasonable balance

strike line 19 and substitute the following:

"ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:".

Page 4, after line 10, insert the following:

"(1.5)

The master plan of a municipality shall also describe the ratio of housing units and primary jobs available within that municipality, both current and projected, and the anticipated location of new homes or primary jobs necessary to bring this ratio into reasonable balance.

The amendment was declared

lost

by the following roll call vote:

YES 27 NO 37 EXCUSED 1 ABSENT 0

Alexander N

Allen Y

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 Y

Hagedorn Y

Hefley Y

Hoppe N

Johnson N

Kaufman E

Keller N

Kester Y

King Y

Larson N

Lawrence Y

Lee Y

Leyba N

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller N

Mitchell Y

Morrison N

Nu�ez N

Paschall N

Pfiffner N

Plant N

Ragsdale N

Saliman N

Scott N

Sinclair N

Smith N

Spence Y

Spradley Y

Stengel Y

Swenson N

Takis Y

Tapia N

Tate N

Taylor N

Tochtrop N

Tool N

Tupa Y

Veiga N

Vigil Y

Webster N

Williams S. N

Williams T. N

Windels N

Witwer N

Young Y

Zimmerman Y

Mr. Speaker N

Representative Stengel moved to amend the Report of the Committee of the Whole to show that the following Stengel amendment, to HB00-1223, did pass, and that

HB00-1223, as amended

, did pass:

Amend the Local Government Committee Report, dated January 31, 2000, page 4, strike lines 16 and 17 and substitute the following:

"line 20, strike "A NEW PARAGRAPH," and substitute "THE FOLLOWING NEW PARAGRAPHS,".".

Page 5, line 8, strike "C.R.S."." and substitute "C.R.S.";

after line 8, insert the following:

"(e.5

) Notwithstanding any other provision of this part 1, where any area is annexed by a municipality pursuant to the provisions of this part 1, such area shall not be subject to any building permit moratoria or suspensions or prescriptive design standards that such municipality may have in effect as of the date of such annexation

.".".

The amendment was declared

lost

by the following roll call vote:

YES 20 NO 44 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 N

Grossman N

Hagedorn Y

Hefley Y

Hoppe N

Johnson N

Kaufman E

Keller N

Kester N

King Y

Larson N

Lawrence N

Lee Y

Leyba N

Mace N

May Y

McElhany Y

McKay Y

McPherson Y

Miller N

Mitchell Y

Morrison N

Nu�ez N

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Scott N

Sinclair N

Smith N

Spence Y

Spradley Y

Stengel Y

Swenson N

Takis N

Tapia N

Tate N

Taylor N

Tochtrop N

Tool N

Tupa N

Veiga N

Vigil Y

Webster N

Williams S. N

Williams T. N

Windels N

Witwer N

Young Y

Zimmerman N

Mr. Speaker N

Representative Plant moved to amend the Report of the Committee of the Whole to show that the following Plant amendment, to HB00-1223, did pass, and that

HB00-1223, as amended

, did pass:

Amend the Local Government Committee Report, dated January 31, 2000, page 2, line 15, strike the first "is" and substitute "are";

strike line 16 and substitute the following:

"THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read:".

Page 3, after line 14, insert the following:

"(h)

No later than one year after the effective date of this act, each county or region shall adopt development regulations and programs that are consistent with its regional or master plan or shall amend existing development regulations and programs to be consistent with such plan.

line 18, strike the first "is" and substitute "are";

strike line 19 and substitute the following:

"ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:".

Page 4, line 11, strike "municipality"." and substitute "municipality";";

after line 11, insert the following:

"after line 21 of the printed bill, insert the following:

"(4)

No later than one year after the effective date of this act, each municipality shall adopt development regulations and programs that are consistent with its master plan, or shall amend existing development regulations and programs to be consistent with such plan.

".".

The amendment was declared

passed

by the following roll call vote:

YES 40 NO 24 EXCUSED 1 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry N

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean N

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb N

Grossman Y

Hagedorn Y

Hefley Y

Hoppe N

Johnson N

Kaufman E

Keller Y

Kester N

King Y

Larson N

Lawrence N

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller N

Mitchell Y

Morrison N

Nu�ez N

Paschall Y

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair N

Smith N

Spence Y

Spradley Y

Stengel Y

Swenson N

Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

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 the following Plant amendment, to HB00-1223, did pass, and that

HB00-1223, as amended

, did pass.

Amend the Local Government Committee Report, dated January 31, 2000, page 2, strike lines 14 through 37 and substitute the following:

SECTION 4.

30-28-106 (3) (a) and (3) (b), Colorado Revised Statutes, are amended, and the said 30-28-106 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:

30-28-106. Adoption of master plan - contents - legislative declaration - periodic review.

(2.5) (a)

In preparing a master or regional plan pursuant to subsections (1) and (2) of this section, the county or regional planning commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the county or region and give adequate consideration to their relations with neighboring jurisdictions in order to best promote the public health, safety, order, convenience, prosperity, and general welfare as well as efficiency and economy in the process of development, including, without limitation, adequate provision for traffic, particularly through the development of efficient and effective mass transportation systems, the promotion of public safety, conservation of natural resources, the prevention of environmental pollution, wise and efficient expenditure of public funds, and adequate provision for public utilities and other public requirements.

(b)

In addition to the goals set forth in paragraph

(a)

of this subsection (2.5), the county or regional planning commission shall implement policies to achieve the following goals through the plan described in subsection (3) of this section:

(I)

Encouraging a pattern of compact and contiguous high density development in urban areas or planned growth areas;

(II)

In rural areas, directing growth to existing population centers and protecting resource areas;

(III)

Establishing an acceptable and consistent level of public services and community facilities and ensuring timely

provision of those services and facilities;

(IV)

Promoting the adequate provision of employment opportunities and the economic health of the region or county;

(V)

Conserving features of significant statewide or countywide architectural, cultural, historical, or archaeological interest;

(VI)

Protecting life and property from the effects of natural hazards such as flooding, winds, steep slopes, and wildfires;

(VII)

Providing for a variety of housing choices while ensuring affordable housing for future population growth;

(VIII)

Practicing conservation of natural resources; and

(IX)

Taking into consideration such other matters that may be logically related to or form an integral part of a master or regional plan for the coordinated, efficient, and orderly development of the county or region.

(3) (a) The master

or regional

plan of a county or region, with the accompanying maps, plats, charts, and descriptive and explanatory matter, shall show the county or regional planning commission's recommendations for the development of the territory covered by the plan.

and may include: The general location, character, and extent of streets or roads, viaducts, bridges, parkways, playgrounds, forests, reservations, parks, airports, and other public ways, grounds, places, and spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, sanitation, transportation, communication, heat, and other purposes; the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities, or terminals; methods for assuring access to sunlight for solar energy devices;

The elements of the plan may be expressed in words, graphics, or other appropriate form. Such elements shall be interrelated. At a minimum, the plan shall contain the following elements:

(I)

A statement of goals, objectives, principles, policies, and standards that will serve as a guide for the development and economic and social well-being of the county or region;

(II)

A land use element that shall demonstrate the most appropriate and desirable patterns for public, private, residential, commercial, agricultural, and recreational land uses.

(III)

A transportation plan element that shall demonstrate the most appropriate and desirable patterns for the general location, character, and extent of the channels, routes, and terminals for transportation facilities and for the circulation of people and goods as far into the future as is reasonable. Such channels, routes, terminals, and trailways may include, without limitation, all types of highways or streets, mass transit routings, bicycle ways, sidewalks, railways, waterways, airways, and terminals for people, goods, and vehicles related to highways, mass transit routings, airways, waterways, and railways.

(IV)

A community facilities plan element that demonstrates the most appropriate and desirable patterns for the general location, character, and extent of public buildings, land, and facilities for specified times as far into the future as is reasonable. Such facilities may include, without limitation, parks and recreation areas, schools and other educational and cultural facilities, libraries, hospitals, social welfare and medical facilities, fire, police, and sheriff stations, jails, or other public offices or administrative facilities.

(V)

An element containing the recommendations of the county or regional planning commission for land development regulation that shall implement the plan and that encourages the following:

(A)

Streamlined review of applications for development, including permit review and subdivision plat review within the areas designated for growth in the plan;

(B)

The use of flexible development regulations to promote innovative design to protect the environment; and

(C)

Economic development in areas designated for growth in the plan through the use of innovative techniques;

(VI)

Recommendations for the determination, identification, and designation of areas within the county or region that are of critical statewide or countywide concern;

(VII)

A sensitive area element that contains goals, objectives, principles, policies, and standards designed to protect from the adverse effects of development sensitive areas, including, without limitation, the following:

(A)

Floodplains and areas of geologic hazard;

(B)

Wetlands and other areas containing the habitats of significant flora and fauna;

(C)

Lakes, reservoirs, streams and their buffers, and riparian areas;

(D)

Recreational, and outstanding scenic areas;

(E)

Wild and scenic rivers and related lands; and

(F)

Any other areas within the county or region in need of special protection as identified in the plan of such county or region;

(VIII)

A natural resources element, that includes, without limitation, the general location and extent of an adequate and suitable supply of water and other natural resources for present and projected population needs, including consideration of the environmental impact of development on such supply of natural resources; and

(IX)

The plan may also include any additional elements that, in the judgement of the county or regional planning commission, will further serve the purposes of the plan, including, without limitation,

the general character, location, and extent of community centers, townsites, housing developments, whether public or private, and urban conservation or redevelopment areas; the general location and extent of forests, agricultural areas, flood control areas, and open development areas for purposes of conservation, food and water supply, sanitary and drainage facilities, flood control, or the protection of urban development;

~~and~~

a land classification and utilization program;

and the general location and extent of public utilities.

(b)

~~Any master plan of a county or region which includes mass~~

The

transportation

plan element of a master or regional plan as described in subparagraph (III) of paragraph

(a)

of this subsection (3)

shall be coordinated with that of any adjacent county, region, or other political subdivision, as the case may be, to eliminate conflicts or inconsistencies and to assure the compatibility of such plans and their implementation pursuant to this section and sections 30-11-101, 30-25-202, and 30-26-301.

(4)

No later than three years after the effective date of this act, all master or regional plans shall incorporate the policies adopted in accordance with subsection (2.5) of this section and each of the elements required by subsection (3) of this section.

(5) (a)

Periodically, but not less frequently than once every four years, each regional planning commission and county shall review its regional or master plan to determine whether such plan is achieving the goals, objectives, and policies outlined in the plan and, specifically, whether and to what extent the plan is meeting the goals required by subsection (2.5) of this section and the elements required by subsection (3) of this section.

(b)

The county and regional planning commission shall ensure there is an adequate process to obtain citizen input in all phases of the periodic review process.

(c)

Notwithstanding any provision in this subsection (5) to the contrary, no regional or master plan of a regional planning commission or county shall be amended more than once every two years.

(6)

Notwithstanding any other provision of this section, the requirements of subsections (2.5), (3), (4), and (5) of this section shall only apply to counties in which the number of permanent residents is more than ten thousand persons as of the effective date of this act.

SECTION 5.

31-23-206 (1), Colorado Revised Statutes, is amended, and the said 31-23-206 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:

31-23-206. Master plan - contents - legislative declaration - periodic review.

(1) It is the duty of the commission to make and adopt a master plan for the physical development of the municipality, including any areas outside its boundaries, subject to the approval of the governmental body having jurisdiction thereof, which in the commission's judgment bear relation to the planning of such municipality.

~~Such plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the commission's recommendations for the development of said territory including, but not limited to:~~

(a) The general location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, and other public ways, grounds, and open spaces;

(b) The general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes;

(c) The removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any of the ways, grounds, open spaces, buildings, property, utility, or terminals referred to in paragraphs (a) and (b) of this subsection (1); and

(d) A zoning plan for the control of the height, area, bulk, location, and use of buildings and premises. Such a zoning plan may protect and assure access to sunlight for solar energy devices; however, regulations and restrictions of the height, number of stories, size of buildings and other structures, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation.

(1.5) (a)

In preparing a master plan pursuant to subsection (1) of this section, the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality and give adequate consideration to its relations with neighboring jurisdictions in order to best promote the public health, safety, prosperity, and general welfare as well as efficiency and economy in the process of development, including, without limitation, adequate provision for traffic, particularly through the development of efficient and effective mass transportation systems, the promotion of public safety, conservation of natural resources, the prevention of environmental pollution, wise and efficient expenditure of public funds, and adequate provision for public utilities and other public requirements.

(b)

In addition to the goals set forth in paragraph

(a)

of this subsection (1.5), the commission shall implement policies to achieve the following goals through the plan described in subsection (1.7) of this section:

(I)

Encouraging a pattern of compact and contiguous high density development in urban areas or planned growth areas;

(II)

Establishing an acceptable and consistent level of public services and community facilities and ensuring timely provision of those services and facilities;

(III)

Promoting the adequate provision of employment opportunities and the economic health of the municipality;

(IV)

Conserving features of significant architectural, cultural, historical, or archaeological interest;

(V)

Protecting life and property from the effects of natural hazards, such as flooding, winds, and wildfires;

(VI)

Providing for a variety of housing choices while ensuring affordable housing for future population growth;

(VII)

Practicing conservation of natural resources; and

(VIII)

Taking into consideration such other matters that may be logically related to or form an integral part of a master plan for the coordinated, efficient, and orderly development of the municipality.

(1.7)

The master plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the commission's recommendations for the development of the municipality and outlaying areas. The elements of the plan may be expressed in words, graphics, or other appropriate form. Such elements shall be interrelated. At a minimum, the plan shall contain the following elements:

(a)

A statement of goals, objectives, principles, policies, and standards that will serve as a guide for the development and economic and social well-being of the municipality;

(b)

A land use element that shall demonstrate the most appropriate and desirable patterns for public, private, residential, commercial, agricultural, and recreational land uses and shall also identify the general location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, and other public ways, grounds, and open spaces.

(c)

(d)

A community facilities plan element that demonstrates the most appropriate and desirable patterns for the general location, character, and extent of public buildings, land, and facilities for specified times as far into the future as is reasonable. Such facilities may include, without limitation, parks and recreation areas, schools and other educational and cultural facilities, libraries, hospitals, social welfare and medical facilities, fire and police stations, jails, or other public offices or administrative facilities.

(e)

An element containing the recommendations of the commission for land development regulation that shall implement the plan and that encourages the following:

(I)

Streamlined review of applications for development, including permit review and subdivision plat review within the areas designated for growth in the plan;

(II)

The use of flexible development regulations to promote innovative design to protect the environment; and

(III)

Economic development in areas designated for growth in the plan through the use of innovative techniques;

(f)

Recommendations for the determination, identification, and designation of areas within the municipality that are of critical statewide concern;

(g)

(I)

Floodplains, steep slopes, and other areas of geologic hazard;

(II)

Wetlands and other areas containing the habitats of significant flora and fauna;

(III)

Lakes, reservoirs, streams and their buffers, and riparian areas; and

(IV)

Any other areas within the municipality in need of special protection as identified in the master plan of such municipality;

(h)

A zoning plan for the control of the height, area, bulk, location, and use of buildings and premises. Such a zoning plan may protect and assure access to sunlight for solar energy devices; however, regulations and restrictions of the height, number of stories, size of buildings and other structures, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation.

(i)

(j)

The plan may also include any additional elements that, in the judgement of the commission, will further serve the purposes of the plan, including, without limitation, the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes.

(1.9)

The transportation plan element of a master plan as described in paragraph

(c)

of subsection (1.7) of this section shall be coordinated with that of any adjacent county, region, or other political subdivision, as the case may be, to eliminate conflicts or inconsistencies and to assure the compatibility of such plans and their implementation pursuant to this section and sections 30-11-101, 30-25-202, and 30-26-301.

(4)

No later than three years after the effective date of this act, all municipal master plans shall incorporate the goals required by subsection (1.5) of this section and each of the elements required by subsection (1.7) of this section.

(5) (a)

Periodically, but not less frequently than once every four years, each municipality shall review its own master plan to determine whether the plan is achieving the goals, objectives, and policies outlined in the plan and, specifically, whether and to what extent the plan is meeting the goals required by subsection (1.5) of this section and the elements required by subsection (1.7) of this section.

(b)

The municipality shall ensure there is an adequate process to obtain citizen input in all phases of the periodic review process.

(c)

Notwithstanding any provision in this subsection (5) to the contrary, a municipality shall not amend its master plan more than once every two years.

(6)

Notwithstanding any other provision of this section, the requirements of subsections (1.5), (1.7), (1.9), (4), and (5) of this section shall only apply to municipalities in which the number of permanent residents is more than two thousand five-hundred persons as of the effective date of this act.

Strike page 3.

Page 4, strike lines 1 through 11.

The amendment was declared

passed

by the following roll call vote:

YES 34 NO 30 EXCUSED 1 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry N

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean N

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb N

Grossman Y

Hagedorn Y

Hefley N

Hoppe N

Johnson N

Kaufman E

Keller Y

Kester N

King N

Larson N

Lawrence N

Lee Y

Leyba N

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller N

Mitchell N

Morrison N

Nu�ez N

Paschall Y

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair N

Smith N

Spence N

Spradley N

Stengel Y

Swenson N

Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

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 Gordon moved to amend the Report of the Committee of the Whole to show that the following Gordon amendment, to HB00-1159, did pass, and that

HB00-1159, as amended

, did pass:

Amend printed bill, page 3, after line 3, insert the following:

SECTION 4.

Article 54 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

22-54-102.5. Minimum funding.

Notwithstanding any law to the contrary, for the 2001-02, 2002-03, 2003-04, and 2004-05 budget years, the general assembly shall, at a minimum, appropriate moneys to the state public school fund sufficient to fund annual growth in pupil enrollment and inflation.".

Renumber succeeding sections accordingly.

The amendment was declared

lost

by the following roll call vote:

YES 24 NO 40 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 Y

Hefley N

Hoppe N

Johnson N

Kaufman E

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 Y

Mitchell N

Morrison N

Nu�ez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair N

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. Y

Williams T. N

Windels Y

Witwer N

Young N

Zimmerman Y

Mr. Speaker N

Representatives Berry, Pfiffner, May, McKay, and Paschall moved to amend the Report of the Committee of the Whole to show that Amendment No. 4, by Representative Witwer (printed in House Journal page 600, lines 50-56 and on page 601, lines 1-3) to HB00-1185, did not pass, and that

HB00-1185, as amended

, did pass.

The amendment was declared

passed

by the following roll call vote:

YES 35 NO 29 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

Dean N

Decker N

Fairbank Y

Gagliardi N

Gordon N

Gotlieb Y

Grossman N

Hagedorn Y

Hefley N

Hoppe Y

Johnson Y

Kaufman E

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 Y

Nu�ez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale Y

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel N

Swenson Y

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 N

Young Y

Zimmerman N

Mr. Speaker Y

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading:

HB00-1223 amended, 1186 amended, 1159 amended, 1185 amended, 1368 amended

Laid over until date indicated retaining place on Calendar:

HB00-1249, 1314, 1315, 1332, 1259, 1291, 1049, 1103, 1306, 1352, 1048, 1116, 1268, 1142, 1391, 1271, 1277

--February 21, 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 E

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

Nu�ez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

After consideration on the merits, the Committee recommends the following:

HB00-1098

be referred favorably to the Committee on Appropriations.

HB00-1255

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 3, strike "____

male

" and substitute "

four male

", and strike "

licenses,

____

male

" and substitute "

licenses,

four male

line 4, strike "

and

____

male

" and substitute "

and four male

HB00-1265

be referred to the Committee of the Whole with favorable recommendation.

HB00-1322

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 1, after "

a",

insert "

wildlife

line 8, strike "

ecosystem. The introduction of"

and substitute

"ecosystem, including native plants and animal wildlife. The introduction of wildlife

line 9, strike "

effects on

" and substitute "

impacts on benefits from

strike lines 11 through 26 and substitute the following:

"(2)

Before any wildlife species may be introduced, the department shall prepare a report that includes, at a minimum, the following information:

(a)

The potential ecological and economic impacts, including whether the introduction of a wildlife species will prevent or impair the then-existing use or uses of private land, and the benefits of the introduction;

(b)

The probable survival rates of the introduced animals;

(c)

The possible impacts should the introduction not take place; and

(d)

A failure rate for such introduction, which shall consist of the percent of the individuals of such species that either die or cannot be accounted for within twelve months after such introduction.

(3)

The department shall deliver the report prepared pursuant to subsection (2) of this section to the general assembly, in accordance with section 24-1-136 (9), C.R.S., within thirty days after its completion.

(4)

If the report submitted to the general assembly pursuant to subsection (2) of this section concludes that the introduction of a wildlife species will prevent or impair the then-existing use or uses of private land, the entity conducting the introduction shall compensate the owner of the affected land for the landowner's loss of use or uses of such land.

(5)

If, after the introduction of a wildlife species, the failure rate for such wildlife species is either met or exceeded, the introduction shall be deemed to be a failure, and no further individuals from such wildlife species shall be reintroduced unless the general assembly first acts by bill to approve such reintroduction pursuant to this section.

(6)

Unless an introduction has already been deemed a failure pursuant to subsection (5) of this section, the department shall annually prepare a report for each of the five years after an introduction occurs that shall include, at a minimum, the following information:

(a)

The status of the introduction effort;

(b)

A report on the estimated survival rates of the introduced wildlife species and their progeny;

(c)

If the survival rate of the introduced wildlife species and their progeny is below the initial projected range, an assessment of why the survival rate is lower than expected and the steps that have been considered and put in place to increase survival rates; and

(d)

Whether the introduction is deemed a failure as specified in subsection (5) of this section.

Page 3, strike lines 1 through 14.

HB00-1364

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 14, strike "a" and substitute "

HB00-1365

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, line 21, strike "

shall

" and substitute "

may

line 24, strike "

section and the town of

strike line 25;

line 26, strike "

subsection (4) of this

HB00-1417

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, line 5, after "2000-2001", insert "

and all subsequent years of operation".

Page 2, strike lines 15 and 16 and substitute the following:

"(b) Annual fees for fiscal year

~~1993-94~~

2000-2001 and all subsequent years for operations pursuant to:".

Page 3, line 2, strike "of ____ dollars ($ )," and substitute "of one hundred ninety-four thousand seven hundred nine dollars

($194,709),".

HB00-1419

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 15, line 14, strike "

credited"

and substitute "

appropriated".

APPROPRIATIONS

After consideration on the merits, the Committee recommends the following:

HB00-1090

be referred to the Committee of the Whole with favorable recommendation.

HB00-1173

be referred to the Committee of the Whole with favorable recommendation.

HB00-1174

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 5, after line 15, insert the following:

SECTION 6. Appropriations in long bill to be adjusted.

(1) For the implementation of this act, appropriations made in the annual general appropriation act to the judicial department for the fiscal year beginning July 1, 2000, shall be adjusted as follows:

(a) The general fund appropriation to the judicial department, alternate defense counsel, conflict of interest contracts, is decreased by one hundred seventy-four thousand seven hundred ninety-four dollars ($174,794).

(b) The general fund appropriation to the judicial department, public defender, personal services, is increased by one hundred seventy-one thousand nine hundred ninety-six dollars ($171,996), and 3.7 FTE, or so much thereof as may be necessary, for the purpose of implementing this act.".

Renumber the succeeding section accordingly.

Page 1, line 102, strike "

DEFENDANT

." and substitute

"DEFENDANT, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH

.".

HB00-1182

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 22, line 22, strike "

general fund."

and substitute "

collection agency cash fund, created in subsection (1) of this section.".

HB00-1191

be referred to the Committee of the Whole with favorable recommendation.

HB00-1209

be referred to the Committee of the Whole with favorable recommendation.

HB00-1211

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, strike lines 2 through 12;

after line 12, insert the following:

SECTION 2. No Appropriation.

The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the provisions of this act.".

HB00-1348

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 5, after line 8, insert the following:

SECTION 2. Appropriation - adjustment in 2000 long bill.

(1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 2000, the sum of sixty-nine thousand three hundred dollars ($69,300), or so much thereof as may be necessary, for the implementation of this act.

(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by sixty-nine thousand three hundred dollars ($69,300).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by sixty-nine thousand three hundred dollars ($69,300).".

Renumber succeeding section accordingly.

Page 1, line 102, strike "

purposes.

" and substitute "

purposes, and making an appropriation in connection therewith.

HB00-1353

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, line 10, strike "

twelve

" and substitute "

twenty

line 14, strike "2000," and substitute "

~~2000~~

2001,".

Page 1, line 105, strike "

twelve

" and substitute "

twenty

line 108, strike "

twelve

" and substitute "

twenty

BUSINESS AFFAIRS AND LABOR

After consideration on the merits, the Committee recommends the following:

HB00-1016

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, strike line 16 and substitute the following:

"(3) An order entered by

~~a prehearing~~

administrative law judge

at a prehearing conference

HB00-1309

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 24, after "

message

", insert "

or computer file containing an image of a message

Page 3, line 6, strike "

and

" and substitute "

Page 4, strike lines 10 and 11.

Reletter succeeding paragraphs accordingly.

Page 4, line 21, after "

easily

", insert "

and at no cost

Page 5, line 3, after the period, add "

However, electronic mail addresses may be provided to any such person or to any third party for the sole purpose of inclusion in do-not-email lists.

strike lines 5 through 9 and substitute the following:

civil penalty.

(1)

In the case of any violation of this article, the following entities may each separately file a civil action in a court of competent jurisdiction and may each, upon proof of such violation, recover such sums as are allowed under this section:

(a)

The person receiving an unsolicited commercial electronic mail message;

(b)

Any electronic mail service provider whose network or facilities were used in the transmission or attempted transmission of an unsolicited commercial electronic mail message.

Page 6, line 5, strike "

and

" and substitute "

line 12, strike "

network.

" and substitute "

network or facilities.

HB00-1384

be postponed indefinitely.

HB00-1385

be postponed indefinitely.

HB00-1392

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 7, line 15, after the second "

education

", insert "

and business affairs and labor

Page 11, line 3, strike "__________ dollars ($_______)," and substitute "one million dollars ($1,000,000),";

line 9, strike "__________ dollars ($_______)." and substitute "one million dollars ($1,000,000).";

line 11, strike "____";

line 12, strike "__________ dollars ($_______)." and substitute "one million dollars ($1,000,000).".

FINANCE

After consideration on the merits, the Committee recommends the following:

HB00-1072

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend the Health, Environment, Welfare, and Institutions Committee Amendment, dated January 31, 2000, page 3, strike lines 11 through 19, and substitute the following:

to the old age pension fund. The remaining fifteen percent shall be allocated among and credited to the general fund, to the older Coloradans fund established in section 26-11-205.5, as providing additional services to Coloradans sixty years of age and older, and to the highway users tax fund, as a portion of the sales and use taxes attributable to sales or use of vehicles and related items, as follows: Ten percent of the net revenue from sales and use tax to the highway users tax fund; ten million dollars to the older Coloradans fund; and five percent of the net revenue from sales and use tax, less ten million dollars, to the general fund.

HB00-1093

be referred to the Committee of the Whole with favorable recommendation.

HB00-1131

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Strike the Transportation and Energy Committee Report, dated January 13, 2000, and substitute the following:

"Amend printed bill, page 1, strike lines 2 through 8 and substitute the following:

SECTION 1.

42-4-237 (2) and (5), Colorado Revised Statutes, are amended to read:

42-4-237. Safety belt systems - mandatory use - exemptions - penalty.

(2) Unless exempted pursuant to subsection (3) of this section, every driver of and every front seat passenger in a motor vehicle equipped with a safety belt system shall wear a fastened safety belt while the motor vehicle is being operated on a street or highway in this state.

The failure of a driver of, or a passenger in, a motor vehicle to wear a fastened safety belt alone shall not constitute probable cause for a law enforcement officer to arrest the driver or passenger or to conduct a search of the motor vehicle, its contents, the driver, or any passenger.

(5) (a)

The general assembly finds, determines, and declares that drivers who are under eighteen years of age lack the driving experience necessary to drive defensively, and it is therefore necessary to place restrictions on such young drivers to give them the time to exercise good judgment in the operation of a vehicle while keeping such drivers, their passengers, and the public safe.

(b) No driver in a motor vehicle,

except a driver who is under eighteen years of age,

shall be cited for a violation of subsection (2) of this section unless such driver was stopped by a law enforcement officer for an alleged violation of articles 1 to 4 of this title other than a violation of this section.".".

HB00-1228

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, strike lines 11 through 26 and substitute the following:

"(3)

"Revenue trigger" means:

(a)

With respect to the state fiscal year commencing on July 1, 2000, an amount equal to:

(I)

Two hundred fifty million dollars; plus

(II)

The difference between the amount of general fund revenues for the 1999-2000 state fiscal year, and the amount of general fund revenues for the 1998-99 state fiscal year; plus

(III)

As aggregated from the most recent applicable fiscal notes prepared by legislative council staff pursuant to section 2-2-322, C.R.S., the absolute value of the amount of the total estimated fiscal impact on general fund revenues during the 2000-01 state fiscal year that will result from all tax cuts that first take effect during said state fiscal year; plus

(IV)

As aggregated from the most recent applicable fiscal notes prepared by legislative council staff pursuant to section 2-2-322, C.R.S., the absolute value of the total estimated fiscal impact on general fund revenues during said state fiscal year that will result from all tax cuts that first took effect during the 1998-99 state fiscal year to the extent that:

(A)

Such tax cuts had a fiscal impact on general fund revenues for only a portion of the 1998-99 state fiscal year; and

(B)

The total estimated fiscal impact on general fund revenues of such tax cuts for the 2000-01 state fiscal year constitutes the difference between the total estimated fiscal impact on general fund revenues of such tax cuts for the first three hundred sixty-five days in which such tax cuts were in effect and the total estimated fiscal impact of such tax cuts for the 1998-99 state fiscal year;

(b)

With respect to any state fiscal year commencing on or after July 1, 2001, an amount equal to:

(I)

The difference between the revenue trigger and the spending trigger for the immediately preceding state fiscal year or zero, whichever is greater; plus

(II)

The difference between the amount of general fund revenues for the immediately preceding state fiscal year and the amount of general fund revenues for the state fiscal year that immediately precedes such immediately preceding state fiscal year; plus

(III)

As aggregated from the most recent applicable fiscal notes prepared by legislative council staff pursuant to section 2-2-322, C.R.S., the absolute value of the amount of the total estimated fiscal impact on general fund revenues during such state fiscal year that will result from all tax cuts that first take effect during said state fiscal year; plus

(IV)

(A)

Such tax cuts had a fiscal impact on general fund revenues for only a portion of the immediately preceding state fiscal year; and

(B)

The total estimated fiscal impact on general fund revenues of such tax cuts for such state fiscal year constitutes the difference between the total estimated fiscal impact on general fund revenues of such tax cuts for the first three hundred sixty-five days in which such tax cuts were in effect and the total estimated fiscal impact of such tax cuts for the immediately preceding state fiscal year.

Page 3, strike lines 1 through 11 and substitute the following:

"(4)

"Spending trigger" means:

(a)

With respect to the state fiscal year commencing on July 1, 2000, the sum of:

(I)

An amount of revenue equal to the difference between the maximum amount of general fund appropriations that may be made within the limitation on the level of state general fund appropriations set forth in section 24-75-201.1 (1) (

) (II) for the 1999-2000 state fiscal year and the maximum amount of general fund appropriations that were appropriated for the 1998-99 state fiscal year; plus

(II)

An amount of revenue equal to the difference between the amount of excess state revenues that are required to be refunded pursuant to section 20 (7) (

) of article X of the state constitution during the 2000-01 state fiscal year and the amount of such excess state revenues that were required to be refunded during the 1999-2000 state fiscal year; plus

(III)

One hundred one million two hundred thousand dollars;

(b)

With respect to any state fiscal year commencing on or after July 1, 2001, the sum of:

(I)

) (II) for the state fiscal year immediately preceding such state fiscal year and the maximum amount of general fund appropriations that were appropriated for the state fiscal year that immediately preceded such immediately preceding state fiscal year; plus

(II) The greater of:

(A)

The sum of an amount of revenue equal to the difference between the amount of excess state revenues that are required to be refunded pursuant to section 20 (7) (

) of article X of the state constitution during such state fiscal year and the amount of such excess state revenues that were required to be refunded during the immediately preceding state fiscal year plus the amount added to the revenue trigger for the immediately preceding state fiscal year pursuant to subparagraphs (III) and (IV) of paragraph

) of subsection (3) of this section or subparagraphs (III) and (IV) of paragraph (

) of subsection (3) of this section; or

(B) Zero.

(5) "

Tax cut" means a reduction or elimination of a tax that results in a reduction of general fund revenues.

Page 4, line 11, strike "

moneys in the reserve

" and substitute "

an amount of moneys in the reserve that is no greater than the amount of the difference between the spending trigger and the revenue trigger

HB00-1350

be referred favorably to the Committee on Appropriations.

HB00-1357

be postponed indefinitely.

HB00-1358

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 8, after "

", insert "

all

line 13, strike "

claimed

." and substitute "

claimed; except that, in no

event shall such rate exceed seven percent per annum

.".

HB00-1359

be postponed indefinitely.

HB00-1361

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 4, strike lines 18 and 19 and substitute the following:

by a sponsoring organization.

Page 5, line 7, strike "

and

", and strike "

programs.

" and substitute "

programs, and that verifies authorized use of individual development accounts.

line 16, strike

“post-secondary”

and substitute “

private or public elementary, middle, secondary or post-secondary”;

Page 6, line 9, after "

individuals

", insert "

or households

line 12, strike "

An individual

" and substitute "

All individuals within one family or a single individual

line 13, after "

individual

", insert "

or household

line 15, after "

individual's

", insert "

or household's

line 17, strike

“post-secondary”

and substitute “

private or public elementary, middle, secondary post-secondary”;

line 18, after "

individual's

", insert "

or household's

line 21, strike "

The individual

" and substitute "

An individual within a household

strike line 23;

line 24, strike "

The individual

" and substitute "

An individual within a household

Page 7, line 2, after "

individual

", insert "

or household

line 4, strike "

interest.

" and substitute "

interest; and

after line 4, insert the following:

"(d)

The individual or the household may only open one individual development account.

line 7, after "

individuals

", insert "

or households

line 9, after "

individuals

", insert "

and households

line 10, after "

individuals

", insert "

or households

line 20, strike "

and

strike line 24, and substitute the following:

26-2-1004 (1); and

(i)

To raise contributions for the IDA program."

Page 8, line 2, strike "

The

strike lines 3 through 5;

line 6, strike "

39-22-104 (4), C.R.S., in a prior year.

Page 9, strike line 3, and substitute the following:

nonprofit organization designated by the state department of revenue in section 39-22-523, C.R.S., of the amount of the withdrawal

strike lines 7 through 26.

Page 10, strike lines 1 through 5.

Renumber succeeding sections accordingly.

Page 11, line 2, strike "

year.

" and substitute "

year;

after line 2, insert the following:

"(c)

The charitable donor be able to designate a participant with whom the charitable donor shares a financial interest or familial relationship."

;

line 12, strike "(5)" and substitute "(6)";

strike line 13, and substitute the following:

organization and any sponsoring organization may assess a fee, not to exceed ten percent of the cost of processing such application or administering the program.

line 14, strike "

such application.

Page 12, strike lines 3 through 6, and substitute the following:

that meets the following criteria:

(a)

A history of financial stability verified through independent, annual audits;

(b)

Experience with investments for the following areas:

(I)

Securing private or public elementary, middle, secondary, or post-secondary education, including but not limited to community college courses, courses at a four-year college or university, or post-college, graduate courses for either the individual or the individual's dependent;

(II)

Securing post-secondary occupational training, including but not limited to vocational or trade school training for either the individual or the individual's dependent;

(III)

Purchasing a home for the first time, either individually or with another family member; and

(IV)

Business capitalization.

(c)

Experience with the socioeconomic populations who would benefit from the IDA program;

(d)

Experience with fund-raising, including, but not limited to, leveraging state moneys and administrative expenses, and program development of state income tax programs; and

(e)

Administrative capabilities to recruit and coordinate activities with all interested nonprofit organizations in Colorado exempt from taxation under section 501

(c)

(3) of the federal "Internal Revenue Code of 1986", as amended, including faith-based nonprofit organizations, to ensure the success of the IDA program.

(5) (a)

The designated nonprofit organization shall submit a report to the state auditor and the legislative audit committee annually that evaluates the implementation of the IDA program and information concerning the amounts of tax credits claimed and allowed under the IDA program. For purposes of preparing the report required by this subsection (5), the designated nonprofit organization shall have access to all records and documents applicable to the IDA program, whether maintained by the department or a sponsoring organization. The state auditor may audit the report submitted by the designated nonprofit organization to verify the accuracy of the credits claimed.

(b)

For purposes of verifying the designated nonprofit organization's annual report, sponsoring organizations claiming IDA credits shall provide to the state auditor such information as is reasonably required by the department pursuant to rule for the amount of tax credits available to contributors of sponsoring organizations.

Renumber succeeding subsections accordingly.

Page 12, line 17, strike "

July 1, 2006.

" and substitute "

April 15, 2011.

HB00-1367

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Strike the Local Government Committee Report, dated February 7, 2000, and substitute the following:

Amend printed bill, page 1, after line 1, insert the following:

SECTION 1.

Article 9 of title 32, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

32-9-106.8. Coterminous boundaries.

Notwithstanding any other provision of law, any area added to the district pursuant to this article on or after July 1, 2000, shall also be included in the Denver metropolitan scientific and cultural facilities district, the Denver metropolitan major league baseball stadium district, and the metropolitan football stadium district. The addition of the area to all such districts shall be submitted for approval or rejection by the voters in a single question to the registered electors residing in the area to be included.

SECTION 2.

Article 13 of title 32, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

32-13-106.8. Coterminous boundaries.

Notwithstanding any other provision of law, any area added to the district pursuant to this article on or after July 1, 2000, shall also be included in the regional transportation district, the Denver metropolitan major league baseball stadium district, and the metropolitan football stadium district. The addition of the area to all such districts shall be submitted for approval or rejection by the voters in a single question to the registered electors residing in the area to be included.

SECTION 3.

Article 14 of title 32, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

32-14-104.5. Coterminous boundaries.

Notwithstanding any other provision of law, any area added to the district pursuant to this article on or after July 1, 2000, shall also be included in the regional transportation district, the Denver metropolitan scientific and cultural facilities district, and the metropolitan football stadium district. The addition of the area to all such districts shall be submitted for approval or rejection by the voters in a single question to the registered electors residing in the area to be included.

Renumber succeeding sections accordingly.

Page 1, line 9, strike "

July 1, 2001:

" and substitute "

the next July 1 occurring after such election:

Page 2, line 7, strike "

Douglas.

" and substitute "

Douglas, except any area that is south of a line running east to west through the county that intersects a point one mile south of the southernmost boundary of the city of Castle Rock as such boundary exists as of July 1, 2000.

line 8, after "2001,", insert "

or the next July 1 occurring after such election, whichever occurs later,

line 10, strike "

general

" and substitute "

next general election at which such question may be submitted

strike line 11 and substitute "

to the eligible electors in the

Page 3, line 1, strike "

district:

" and substitute "

district, the regional transportation district, the Denver metropolitan scientific and cultural facilities district, and the Denver metropolitan baseball stadium district:

after line12, insert the following:

"(3)

In the event that the eligible electors voting in the election pursuant to subsection (2) of this section reject the inclusion of the additional area in the district, the governing body of each county or city and county that is within the district may adopt a resolution to conduct an election for the purpose of excluding all or a portion of such county or city and county from the district. The measure shall be submitted at a general election or on the first Tuesday in November of an odd-year to the eligible electors in the area to be excluded from the district to vote for or against the exclusion of the area. The area to be excluded shall not be excluded from the district unless a majority of the eligible electors voting in the election approve the exclusion of the additional area from the district. The board shall designate an election official for conducting the election in accordance with articles 1 to 13 of title 1, C.R.S. The ballot for the election shall:

(a)

Be in a form determined by the governing body of the county or city and county;

(b)

Contain a description of the area proposed to be excluded from the district;

(c)

Contain the current rates of sales tax levied by the district; and

(d)

Contain the following question: "Shall the following area be excluded from the metropolitan football stadium district: ____________________________________?"

SECTION 5.

Article 15 of title 32, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

32-15-104.8. Coterminous boundaries.

Notwithstanding any other provision of law, any area added to the district pursuant to this article on or after July 1, 2000, shall also be included in the regional transportation district, the Denver metropolitan scientific and cultural facilities district, and the Denver metropolitan baseball stadium district. The addition of the area to all such districts shall be submitted for approval or rejection by the voters in a single question to the registered electors residing in the area to be included.

SECTION 6.

The introductory portion to 32-15-110 (1), Colorado Revised Statutes, is amended, and the said 32-15-110, is further amended BY THE ADDITION OF A NEW SUBSECTION to read:

32-15-110. Sales tax imposed - collection - administration of tax - discontinuance.

(1) Upon the approval of the registered electors pursuant to the provisions of section 32-15-107, the board shall have the power to levy such uniform sales tax upon the adoption of a resolution for a period commencing after the termination of the sales tax levied and collected by the Denver metropolitan major league baseball stadium district pursuant to section 32-14-105 and continuing for a period not to extend beyond January 1, 2012, throughout the district created in section 32-15-104

and, if additional areas are included in the district pursuant to section 32-15-104.5, throughout such additional areas,

upon every transaction or other incident with respect to which a sales tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S.; except that such sales tax shall be levied on:

(7)

Subject to the limitations specified in section 39-21-107, C.R.S., nothing in this section shall be construed to restrict the authority of the department after the discontinuance of the tax levied pursuant to this section to conduct audits, assess amounts owing, refund amounts due, or otherwise take necessary action related to taxes due and owing pursuant to this section on or before such date

Section 7.

No appropriation

. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state money’s is necessary to carry out the purpose of this act.".

Renumber succeeding section accordingly.

JUDICIARY

After consideration on the merits, the Committee recommends the following:

HB00-1263

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 10, after "

offenders

", insert "

who have been convicted of, pled guilty to, or received a deferred judgment or prosecution for any crime the underlying factual basis of which includes an act of domestic violence as defined in section 18-6-800.3 (1), C.R.S., and

line 23, strike "(a)";

strike lines 24 through 26, and substitute the following:

on or after January 1, 2001, has been convicted of, plead guilty to, or received a deferred judgment or deferred prosecution for any domestic violence offense as defined in subsection (3) of this section.

Page 3, strike lines 1 through 11;

after line 18, insert the following:

"(5) "

Treatment evaluation" means a determination of treatment amenability as recommended by a domestic violence evaluator approved by the domestic violence offender management board.

Page 5, line 13, strike "

executive director of the

" and substitute "

Colorado state public defender

line 14, strike "

department of public safety

Page 7, line 21, after "

the

", insert "

treatment

Page 8, line 21, strike "

inpatient

line 22, strike "

treatment

,".

Page 9, line 13, after "

board

.", insert "

Applications shall include a requirement that the treatment providers and evaluators submit a set of fingerprints for use by the Colorado bureau of investigation and for transmittal to the federal bureau of investigation for a national criminal history check. The information obtained from the state and national criminal history check may be used by the board to determine an applicant's eligibility for placement on the approved provider list.

line 19, strike "

agencies.

" and substitute "

agencies, and forwarded to the appropriate board pursuant to part 2 of article 43 of title 12, C.R.S.

Page 10, line 2, after "

publish

", insert "

at least annually

line 4, after "

safety,

", insert "

the department of human services,

line 7, after the second "

the

", insert "

treatment

line 26, after "

reviewed

", insert "

by the appropriate board pursuant to part 2 of article 43 of title 12, C.R.S., whose decision shall be

Page 11, line 19, strike "

and

line 20, strike "

identification

line 21, strike "

is to be considered for

" and substitute "

is convicted of, pleads guilty to, or receives a deferred judgment or deferred prosecution for a felony offense with an underlying factual basis of domestic violence

line 22, strike "

probation

line 24, strike "

" and substitute "

a treatment

" and, after "

Such

", insert "

treatment

Page 12, line 3, after "

The

", insert "

treatment

" and, strike

"and identification

line 14, after "

offender

", insert "

treatment

line 15, strike "

domestic violence offender evaluator or

" and substitute "

individual or entity appears on the approved list developed pursuant to section

strike lines 16 and 17.

Page 13, line 4, strike "

successfully

line 5, strike "

" and substitute "

a treatment

line 8, strike "certified" and substitute "

~~certified~~

approved

line 12, strike "

~~may~~

shall

" and substitute "may" and, strike "an" and substitute "

a treatment

strike lines 13 and 14, and substitute the following:

"prior to sentencing if

a treatment

evaluation would assist the court in determining an appropriate sentence. The person ordered to undergo such evaluation";

line 15, after the second "the", insert "

treatment

" and, after "such", insert "

treatment

Page 14, after line 21, insert the following:

SECTION 6.

24-34-104 (39) (b), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment.

(39) (b) The following agencies, functions, or both, shall terminate on July 1, 2008:

(X)

The domestic violence offender management board created in section 16-11.8-103, C.R.S."

Renumber succeeding sections accordingly.

Page 14, line 24, strike "offenses committed" and substitute "sentences entered".

HB00-1317

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 11, line 9, after "

", insert "

certain acts of

line 10, strike "1994," and substitute "1991,".

Page 12, line 21, strike "

class 4

" and substitute "

class 5

Page 20, strike lines 22 through 26, and substitute the following:

SECTION 17.

Part 9 of article 2 of title 19, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:

19-2-924. Juveniles committed to department of human services - genetic testing.

(1) (a)

Any juvenile who is committed to the department of human services following adjudication for an offense involving unlawful sexual behavior, as defined in section 18-3-412.5 (1) (

), C.R.S., or for which the underlying factual basis involved an offense involving unlawful sexual behavior, shall submit to and pay for a chemical testing of the juvenile's blood to determine the genetic markers thereof.

(b)

Collection of the blood sample shall occur as soon as possible after being committed to the department of human services, and the results thereof shall be filed with and maintained by the Colorado bureau of investigation. The results of such tests shall be furnished to any law enforcement agency upon request.

(2)

The department of human services or its designee or contractor may use reasonable force to obtain blood samples in accordance with subsection (1) of this section.

(3)

Any moneys received from juveniles pursuant to paragraph (

) of subsection (1) of this section shall be deposited in the sex offender identification fund created in section 24-33.5-415.5, C.R.S.

(4)

The Colorado bureau of investigation is directed to conduct the chemical testing of the blood obtained pursuant to this section.

19-2-925.5. Genetic testing.

(1) (a)

As a condition of probation or supervision, any juvenile who is adjudicated or receives a deferred adjudication for an offense involving unlawful sexual behavior, as defined in section 18-3-412.5 (1) (

(b)

Collection of the blood sample shall occur as soon as possible after being placed on probation or under supervision, and the results thereof shall be filed with and maintained by the Colorado bureau of investigation. The results of such tests shall be furnished to any law enforcement agency upon request.

(2)

The judicial department or its designee or contractor may use reasonable force to obtain blood samples in accordance with subsection (1) of this section. In addition, the refusal to comply with said subsection (1) may be grounds for revocation of probation.

(3)

Any moneys received from juveniles pursuant to paragraph (

) of subsection (1) of this section shall be deposited in the sex offender identification fund created in section 24-33.5-415.5, C.R.S.

(4)

The Colorado bureau of investigation is directed to conduct the chemical testing of the blood obtained pursuant to this section.

Page 21, strike line 1;

after line 10, insert the following:

SECTION 19.

16-11.7-106, Colorado Revised Statutes, is amended to read:

16-11.7-106. Sex offender treatment - contracts with providers.

(1) The department of corrections, the judicial department, the division of criminal justice of the department of public safety, or the department of human services shall not employ or contract with and shall not allow a sex offender to employ or contract with any individual or entity to provide sex offender evaluation or treatment services pursuant to this article unless the sex offender evaluation or treatment services to be provided by such individual or entity conforms with the standards developed pursuant to section 16-11.7-103 (4) (b).

(2)

The board shall require any person who applies for placement on the list of persons who may provide sex offender treatment services pursuant to this article to submit a complete set of his or her fingerprints. The board shall forward any such fingerprints received pursuant to this subsection (2) to the Colorado bureau of investigation for use in conducting a state criminal history record check and for transmittal to the federal bureau of investigation for a national criminal history record check. The board shall use the information obtained from the state and national criminal history record check in determining whether to place the person on the approved provider list.

Renumber succeeding sections accordingly.

Page 21, strike lines 11 through 26, and substitute the following:

SECTION 20. Appropriation.

In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of public safety, for the fiscal year beginning July 1, 2000, the sum of one hundred fifty-four thousand one hundred twenty-two dollars ($154,122) and 1.7 FTE, or so much thereof as may be necessary, for the implementation of this act.

SECTION 21.

Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17-1-126. Appropriation to comply with section 2-2-703.

(1)

Pursuant to section 2-2-703, C.R.S., the following statutory appropriations, or so much thereof as may be necessary, are made in order to implement HB 00-1317, enacted at the second regular session of the sixty-second general assembly:

(a)

For the fiscal year beginning July 1, 2000, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of nine hundred three thousand seventy-one dollars ($903,071).

(b)

For the fiscal year beginning July 1, 2001, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of three hundred forty-one thousand ninety-four dollars ($341,094

(c)

For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of three hundred forty-one thousand ninety-four dollars

($341,094).

(d)

For the fiscal year beginning July 1, 2003, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of three hundred forty-one thousand ninety-four dollars ($341,094

(e)

For the fiscal year beginning July 1, 2004, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of three hundred forty-one thousand ninety-four dollars ($341,094

SECTION 22.

24-75-302 (2) (m), Colorado Revised Statutes, is amended to read:

24-75-302. Capital construction fund - capital assessment fees - calculation.

(2) As of July 1, 1988, and July 1 of each year thereafter through July 1, 2002, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24-75-201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:

(m) On July 1, 2000, one hundred million dollars, plus one hundred eighty-four thousand ninety dollars pursuant to H.B. 97-1186; plus four hundred seventy-eight thousand six hundred thirty-four dollars pursuant to H.B. 97-1077, enacted at the first regular session of the sixty-first general assembly; plus twelve thousand two hundred seventeen dollars pursuant to S.B. 98-021, enacted at the second regular session of the sixty-first general assembly; plus seventy-one thousand two hundred seven dollars pursuant to H.B. 98-1160, enacted at the second regular session of the sixty-first general assembly;

plus nine hundred three thousand seventy-one dollars pursuant to H.B. 00-1317, enacted at the second regular session of the sixty-second general assembly;".

Renumber succeeding sections accordingly.

Strike page 22.

Page 23, strike lines 1 through 8.

HB00-1328

be postponed indefinitely.

HB00-1330

be referred to the Committee of the Whole with favorable recommendation.

HB00-1333

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, strike lines 2 through 6 and substitute the following:

SECTION 1.

17-2-201 (3), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

17-2-201. State board of parole.

(3) The chairperson, in addition to other provisions of law, has the following powers and duties:".

Strike pages 2 through 5.

Page 6, strike lines 1 through 3.

HB00-1344

be referred to the Committee of the Whole with favorable recommendation.

HB00-1369

be postponed indefinitely.

HB00-1376

The Committee returns herewith

HB00-1376

and reports that said bill has been considered on its merits and voted upon by the committee in accordance with House Rules, that the deadline applicable to committees under Joint Rule 23 (a) (1) has passed, that final action has not been taken by this committee within said deadline, and that the Committee on Delayed Bills has not waived said deadline. Pursuant to Joint Rule 23 (a) (3) (A), said bill is deemed to be postponed indefinitely.

HB00-1421

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 5, after line 13, insert the following:

"(7)

Notwithstanding any other provision of this section, each agent, or the director acting as an agent, shall notify the local law enforcement agency when the agent is operating or intends to operate anywhere within the local law enforcement agency's jurisdiction and shall cooperate with such agency during the conduct of the investigation.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until February 21, retaining place on Calendar:

Consideration of Third Reading--

HB00-1165, 1222, 1080, 1181, 1299

Consideration of General Orders--

HB00-1008, 1007, 1025, 1204, 1206, 1205, 1150, 1195, 1202, 1112, 1281, 1349, 1285, 1343, SB00-073, HB00-1261, 1290, 1301, 1302, 1167, 1284, 1336, 1363, SB00-051, HB00-1278, 1304, 1313, 1319, 1394

Consideration of Senate Amendments--

HB00-1141

_______________

On motion of Representative Spradley, the House adjourned until 10:00 a.m., February 21, 2000.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk

LC: