This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY

STATE OF COLORADO

First Regular Session

Ninety-third Legislative Day Thursday, April 8, 1999

Prayer by Pastor Stephen Swanson, St Paul's Lutheran Church, Denver.

The Speaker Pro Tempore called the House to order at 9:00 a.m.

The roll was called with the following result:

Present--62.

Absent and excused--Representatives George, Morrison, Tate--3.

Present after roll call--Representative Morrison.

The Speaker Pro Tempore declared a quorum present.

_______________

On motion of Representative Ragsdale, the reading of the journal of April 7, 1999, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

APPROPRIATIONS

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

HB99-1051 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 15, after line 20, insert the following:

"SECTION 6. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of moneys in the division of registrations cash fund not otherwise appropriated, to the department of regulatory agencies, executive director's office, for legal services, for the fiscal year beginning July 1, 1999, the sum of five thousand one hundred one dollars ($5,101), or so much thereof as may be necessary, for the implementation of this act.

(2) In addition to any other appropriation, there is hereby appropriated, out of moneys in the division of registrations cash fund not otherwise appropriated, to the department of regulatory agencies, divisions of registrations, for the fiscal year beginning July 1, 1999, the sum of twenty-eight thousand five hundred fifty-two dollars ($28,552) and 0.2 FTE, or so much thereof as may be necessary, for the implementation of this act.

(3) In addition to any other appropriation, there is hereby appropriated to the department of law, for the fiscal year beginning July 1, 1999, the sum of five thousand one hundred one dollars ($5,101), or so much thereof as may be necessary, for the provision of legal services to the department of regulatory agencies related to the implementation of this act. Said sum shall be from cash funds exempt received from the department of regulatory agencies, division of registrations, out of the appropriation made in subsection (2) of this section.".

Renumber the succeeding sections accordingly.

Page 1, line 101, strike "NATUROPATHY." and substitute "NATUROPATHY, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".


HB99-1074 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Judiciary Committee Report, dated January 14, 1999, page 1, strike lines 6 through 19, and substitute the following:

"Page 3, strike line 26, and substitute the following:

"SECTION 4. Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17-1-125. Appropriation to comply with section 2­2­703. (1) PURSUANT TO SECTION 2­2­703, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT H.B. 99­1074, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­SECOND GENERAL ASSEMBLY:

(a) FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24­75­302, C.R.S., TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF SIXTY-NINE THOUSAND FOUR HUNDRED SIXTY-SEVEN DOLLARS ($69,467).

(b) FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, 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 TWENTY-FOUR THOUSAND ONE HUNDRED FIVE DOLLARS ($24,105).

(c) 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 NINE THOUSAND SIX HUNDRED FORTY-TWO DOLLARS ($9,642).

(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 TWENTY-FOUR THOUSAND ONE HUNDRED FIVE DOLLARS ($24,105).

SECTION 5. 24­75­302 (2) (l) is amended to read:

24­75­302. 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 24­75­201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:

(l) On July 1, 1999, one hundred million dollars, plus three hundred twenty­three thousand nine hundred ninety­eight dollars pursuant to H.B. 97­1186, enacted at the first regular session of the sixty­first general assembly; plus three thousand eight hundred forty dollars pursuant to S.B. 98­021, enacted at the second regular session of the sixty­first general assembly; PLUS SIXTY-NINE THOUSAND FOUR HUNDRED SIXTY-SEVEN DOLLARS PURSUANT TO H.B. 99­1074, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­SECOND GENERAL ASSEMBLY;".

Page 4, strike lines 1 through 14.".

Page 2 of the Judiciary Committee Report, strike lines 1 through 16.


HB99-1115 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Strike the Judiciary Committee Report, dated January 28, 1999, and substitute the following:

"Amend printed bill, page 2, strike lines 11 through 21 and substitute the following:

"weapon. Assault in the third degree is a class 1 misdemeanor.

(2)  NOTWITHSTANDING THE PROVISIONS OF SECTION 18­1­106, THE DEFENDANT SHALL BE A SPECIAL OFFENDER AND THE COURT SHALL SENTENCE THE DEFENDANT TO A THE MAXIMUM PERIOD OF INCARCERATION IN A COUNTY JAIL SET FORTH IN SECTION 18­1­106 IF:

(a)  THE DEFENDANT HAS AT LEAST TWO PRIOR CONVICTIONS FOR THIRD DEGREE ASSAULT AS DEFINED IN THIS SECTION; AND

(b)  THE UNDERLYING FACTUAL BASIS OF AT LEAST TWO OF THE PRIOR CONVICTIONS WAS FOUND BY THE COURT ON THE RECORD TO INCLUDE AN ACT OF DOMESTIC VIOLENCE S DEFINED IN SECTION 18­6­800.3 (1); AND

(c)  THE THIRD OR SUBSEQUENT OFFENSE WAS COMMITTED ON OR AFTER JULY 1, 1999.".

Page 3, strike lines 6 through 15 and substitute the following:

"SECTION 4.  No appropriation. The general assembly has determined that sections 1 and 2 of this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of sections 1 and 2 of this act.

SECTION 5.  Future appropriations ­ legislative intent. (1)  Although no appropriation is included in this act for the fiscal year beginning July 1, 1999, it appears that section 3 of this act will require appropriations from the general fund to the department of human services, for allocation to the Colorado domestic abuse program fund established pursuant to section 39­22­802, C.R.S., for subsequent fiscal years, and the amount required to be appropriated for the fiscal year beginning July 1, 2000, is estimated to be one hundred thousand dollars ($100,000).

(2)  It is the intent of the general assembly that the general fund appropriation for the implementation of this act shall be derived from savings generated from implementation of the provisions of HB99­1168, as enacted during the first regular session of the sixty­second general assembly.

SECTION 6.  Effective date ­ applicability. (1)  Sections 1, 2, 4, 6, and 7 of this act shall take effect upon passage. Section 2 of this act shall apply to offenses committed on or after said date. Sections 3 and 5 of this act shall take effect July 1, 2000; except that section 3 of this act shall only take effect if:

(a)  Section 42­2­206, Colorado Revised Statutes, is amended in House Bill 99­1168 to change the penalty for driving with a revoked license from a class 6 felony to a class 1 misdemeanor and the final fiscal note for such bill shows prison bed savings and operating costs savings that are equal to or greater than the general fund appropriation shown in the final fiscal note for this act; and

(b)  House Bill 99­1168 is enacted and becomes law.".".

Renumber succeeding section accordingly.


HB99-1166 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Health, Environment, Welfare, and Institutions Committee Report, dated January 27, 1999, page 1, strike lines 1 through 11, and substitute the following:

"Amend printed bill, page 1, line 9, strike "FIFTY" and substitute "FORTY".

Page 2, after line 12, insert the following:

"SECTION 2. Appropriation - adjustment in 1999 long bill. (1) In addition to any other appropriation, there is hereby appropriated to the department of health care policy and financing, executive director's office, for the fiscal year beginning July 1, 1999, the sum of fourteen thousand four hundred dollars ($14,400), or so much thereof as may be necessary, for the implementation of this act. Of said sum, seven thousand two hundred dollars ($7,200) shall be from the general fund, and seven thousand two hundred dollars ($7,200) shall be from federal funds anticipated to be received by the department.

(2) In addition to any other appropriation, there is hereby appropriated to the department of health care policy and financing, medical services premiums, for the fiscal year beginning July 1, 1999, the sum of five hundred ninety thousand seven hundred dollars ($590,700), or so much thereof as may be necessary, for the implementation of this act. Of said sum, two hundred ninety-four thousand seven hundred fifty-nine dollars ($294,759) shall be from the general fund and subject to the "(M)" notation as defined in the general appropriation act, and two hundred ninety-five thousand nine hundred forty-one dollars ($295,941) shall be from federal funds anticipated to be received by the department.

(3) In addition to any other appropriation, there is hereby appropriated to the department of human services, office of information technology services, for the fiscal year beginning July 1, 1999, the sum of fourteen thousand four hundred dollars ($14,400), or so much thereof as may be necessary, for the implementation of this act. Said sum shall be from cash funds exempt received from the department of health care policy and financing out of the appropriation made in subsection (1) of this section.

(4) In addition to any other appropriation, there is hereby appropriated to the department of human services, self-sufficiency, for the fiscal year beginning July 1, 1999, the sum of forty-seven thousand nine hundred forty dollars ($47,940), or so much thereof as may be necessary, for the implementation of this act. Of said sum, thirteen thousand seven hundred twenty-eight dollars ($13,728) shall be from the general fund, thirty thousand seven hundred eighty dollars ($30,780) shall be from the old age pension fund, and three thousand four hundred thirty-two dollars ($3,432) shall be from local matching funds.".

(5) For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1999, shall be adjusted as follows:

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by three hundred fifteen thousand six hundred eighty-seven dollars ($315,687).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by three hundred fifteen thousand six hundred eighty-seven dollars ($315,687).

(6) The appropriation in subsections (1) through (5) of this section shall be available only if no increase for medicaid nursing facility client personal needs allowance is included in the general appropriation act for the fiscal year beginning July 1, 1999.".".


HB99-1168 be referred to the Committee of the Whole with favorable recommendation.

HB99-1235 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend Judiciary Committee Report, dated February 16, 1999, page 2, strike lines 7 and 8 and substitute the following:

"(VII)  BURGLARY IN THE FIRST DEGREE, IN VIOLATION OF SECTION 18­4­202, C.R.S.;".

Page 5, strike lines 3 through 18 and substitute the following:

"SECTION 5.  Future appropriations ­ legislative intent. (1)  Although no appropriation is included in this act for the fiscal year beginning July 1, 1999, it appears that the act will require appropriations from the general fund for subsequent fiscal years, and the amount required to be appropriated for the fiscal year beginning July 1, 2000, is estimated to be three hundred thirty­eight thousand eight hundred sixty dollars ($338,860).

(2)  It is the intent of the general assembly that the general fund appropriation for the implementation of this act shall be derived from the savings generated from the implementation of the provisions of HB99­1168, as enacted during the first regular session of the sixty­second general assembly.

SECTION  6.  Effective date. (1)  This act shall take effect July 1, 2000; except that this act shall only take effect if:

(a)  Section 42­2­206, Colorado Revised Statutes, is amended in House Bill 99­1168 to change the penalty for driving with a revoked license from a class 6 felony to a class 1 misdemeanor and the final fiscal note for such bill shows prison bed savings and operating costs savings that are equal to or greater than the operating costs shown in the final fiscal note for this act; and

(b)  House Bill 99­1168 is enacted and becomes law.".

Renumber succeeding section accordingly.

Page 5, strike lines 22 and 23.

HB99-1237 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, line 4, strike "A NEW SUBSECTION," and substitute "THE FOLLOWING NEW SUBSECTIONS,".

Page 2, line 4, strike "that was acquired on or after May 9," and substitute "that was acquired on or after May 9,";

line 5, strike "1994, and" and substitute "1994, and";

line 7, strike "the" and substitute "the SUCH";

line 10, strike "was acquired on or after May 9," and substitute "was acquired on or after May 9,";

line 11 strike "1994, and" and substitute "1994, and";

line 13, strike "arise." and substitute "arise; OR";

after line 13, insert the following:

"(C) EARNED BY SUCH QUALIFIED TAXPAYER ON REAL OR TANGIBLE PERSONAL PROPERTY LOCATED WITHIN COLORADO THAT WAS ACQUIRED BEFORE MAY 9, 1994, AND THAT HAS BEEN OWNED BY THE QUALIFIED TAXPAYER FOR A HOLDING PERIOD OF AT LEAST FIVE YEARS PRIOR TO THE DATE OF THE TRANSACTION FROM WHICH THE NET CAPITAL GAINS ARISE, IF THE TRANSACTION FROM WHICH THE NET CAPITAL GAINS ARISE OCCURRED DURING ANY INCOME TAX YEAR COMMENCING ON OR AFTER JANUARY 1, 2000, FOR WHICH, BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH SECTION 24-77-106.5, C.R.S., THE CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR THE STATE FISCAL YEAR ENDING IN THAT INCOME TAX YEAR EXCEEDS THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION AND THE VOTERS STATEWIDE HAVE EITHER NOT AUTHORIZED THE STATE TO RETAIN AND SPEND ALL OF THE EXCESS STATE REVENUES OR HAVE AUTHORIZED THE STATE TO RETAIN AND SPEND ONLY A PORTION OF THE EXCESS STATE REVENUES FOR THAT FISCAL YEAR; OR";

(D) EARNED ON THE SALE OF STOCK OR ON THE SALE OF AN OWNERSHIP INTEREST IN A COLORADO COMPANY, LIMITED LIABILITY COMPANY, OR PARTNERSHIP WHERE SUCH STOCK OR OWNERSHIP INTEREST WAS ACQUIRED BEFORE MAY 9, 1994, AND HAS BEEN OWNED BY THE QUALIFIED TAXPAYER FOR A HOLDING PERIOD OF AT LEAST FIVE YEARS PRIOR TO THE DATE OF THE TRANSACTION FROM WHICH THE NET CAPITAL GAINS ARISE, IF THE TRANSACTION FROM WHICH THE NET CAPITAL GAINS ARISE OCCURRED DURING ANY INCOME TAX YEAR COMMENCING ON OR AFTER JANUARY 1, 2000, FOR WHICH, BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH SECTION 24-77-106.5, C.R.S., THE CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR THE STATE FISCAL YEAR ENDING IN THAT INCOME TAX YEAR EXCEEDS THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION AND THE VOTERS STATEWIDE HAVE EITHER NOT AUTHORIZED THE STATE TO RETAIN AND SPEND ALL OF THE EXCESS STATE REVENUES OR HAVE AUTHORIZED THE STATE TO RETAIN AND SPEND ONLY A PORTION OF THE EXCESS STATE REVENUES FOR THAT FISCAL YEAR.";

strike lines 17 through 22 and substitute the following:

"(5) ANY MODIFICATION FOR QUALIFYING GAINS RECEIVING CAPITAL TREATMENT ALLOWED PURSUANT TO SUB-SUBPARAGRAPH (C) OR (D) OF SUBPARAGRAPH (I) OF PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION SHALL BE PUBLISHED IN RULES PROMULGATED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., AND SHALL BE INCLUDED IN INCOME TAX FORMS FOR THAT TAXABLE YEAR.

(6) IF ONE OR MORE BALLOT QUESTIONS THAT SEEK AUTHORIZATION FOR THE STATE TO RETAIN AND SPEND ALL OR ANY PORTION OF THE AMOUNT OF EXCESS STATE REVENUES FOR THE IMMEDIATELY PRECEDING FISCAL YEAR ARE SUBMITTED TO THE VOTERS AT A STATEWIDE ELECTION TO BE HELD IN NOVEMBER OF ANY CALENDAR YEAR COMMENCING ON OR AFTER JANUARY 1, 2000, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL NOT PUBLISH RULES CONTAINING ANY STATE INCOME TAX MODIFICATION ALLOWED PURSUANT TO SUB-SUBPARAGRAPH (C) OR (D) OF SUBPARAGRAPH (I) OF PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION UNTIL SUCH RULES ARE ABLE TO REFLECT THE IMPACT OF THE RESULTS OF SUCH ELECTION ON THE STATE INCOME TAX MODIFICATION ALLOWED PURSUANT TO SUB-SUBPARAGRAPH (C) OR (D) OF SUBPARAGRAPH (I) OF PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION.

(7) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE TEMPORARY MODIFICATIONS FOR QUALIFYING GAINS RECEIVING CAPITAL TREATMENT ALLOWED BY SUB-SUBPARAGRAPHS (C) AND (D) OF SUBPARAGRAPH (I) OF PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION ARE REASONABLE METHODS OF REFUNDING EXCESS STATE REVENUES REQUIRED TO BE REFUNDED IN ACCORDANCE WITH SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION.

SECTION 2. 24-77-106.5, Colorado Revised Statutes, is amended to read:

24-77-106.5. Annual financial report. (1) (a) For each fiscal year, the controller shall prepare a financial report for the state for purposes of ascertaining compliance with the provisions of this article. Any financial report prepared pursuant to this section shall include, but shall not be limited to, state fiscal year spending, reserves, revenues, and debt. Such financial report shall be audited by the state auditor.

(b) BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH PARAGRAPH (a) OF THIS SUBSECTION (1) FOR ANY GIVEN FISCAL YEAR, THE CONTROLLER SHALL CERTIFY TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE NO LATER THAN SEPTEMBER 1 FOLLOWING THE END OF A FISCAL YEAR THE AMOUNT OF STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF THE ARTICLE X OF THE STATE CONSTITUTION, IF ANY, FOR SUCH FISCAL YEAR.

(2) ANY FINANCIAL REPORT PREPARED AND CERTIFICATION OF STATE EXCESS REVENUES MADE PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL BE AUDITED BY THE STATE AUDITOR. NO LATER THAN SEPTEMBER 15 FOLLOWING THE CERTIFICATION MADE BY THE STATE CONTROLLER FOR ANY GIVEN FISCAL YEAR, THE STATE AUDITOR SHALL REPORT AND TRANSMIT TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE THE RESULTS OF ANY AUDIT CONDUCTED IN ACCORDANCE WITH THIS SUBSECTION (2).

(2) (3) Notwithstanding any generally accepted accounting principles to the contrary, financial reports prepared pursuant to subsection (1) of this section shall not include any unrealized gains or losses on investments held by the state.".

Renumber succeeding section accordingly.".


HB99-1260 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Judiciary Committee Report, dated February 16, 1999, page 2, line 13, strike "after line 5, insert" and substitute "strike lines 6 through 8, and substitute".

Page 4, strike lines 31 through 37 and substitute the following:

"SECTION 19.  No appropriation. The general assembly has determined that sections 1 and 2, sections 4 through 15, and sections 17 and 18 of this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of said sections.

SECTION 20.  Future appropriations ­ legislative intent. (1)  Although no appropriation is included in this act for the fiscal year beginning July 1, 1999, it appears that sections 3 and 16 of this act will require appropriations from the general fund for subsequent fiscal years, and the amount required to be appropriated for the fiscal year beginning July 1, 2000, is estimated to be two hundred forty­one thousand five hundred fifty­one dollars ($241,551) and 0.5 FTE.

(2)  It is the intent of the general assembly that the general fund appropriation for the implementation of this act shall be derived from savings generated from implementation of the provisions of HB99­1168, as enacted during the first regular session of the sixty­second general assembly.

SECTION 21.  Effective date. (1)  Sections 1 and 2, sections 4 through 15, and sections 17 through 22 of this act shall take effect July 1, 1999, and sections 4 and 13 of this act shall apply to offenses committed on or after said date.

(2)  Sections 3 and 16 of this act shall take effect July 1, 2000, and shall apply to offenses committed on or after said date; except that sections 3 and 16 of this act shall only take effect if:

(a)  Section 42­2­206, Colorado Revised Statutes, is amended in House Bill 99­1168 to change the penalty for driving with a revoked license from a class 6 felony to a class 1 misdemeanor and the final fiscal note for such bill shows prison bed savings and operating costs savings that are equal to or greater than the general fund appropriation shown in the final fiscal note for this act; and

(b)  House Bill 99­1168 is enacted and becomes law.".".

Page 5 of the committee report, strike lines 2 and 3.


HB99-1270 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Business Affairs and Labor Committee Report, dated February 18, 1999, page 1, after line 6, insert the following:

"line 4, strike "ATTORNEY GENERAL" and substitute "DIVISION OF HOUSING";";

after line 11, insert the following:

"line 15, strike "ATTORNEY GENERAL" and substitute "DIVISION OF HOUSING";

line 19, strike "ATTORNEY GENERAL" and substitute "DIVISION OF HOUSING";";

line 17, strike "6­1­604 (1)."." and substitute "6­1­604 (1).";";

after line 17, insert the following:

"line 25, strike "ATTORNEY GENERAL" and substitute "DIVISION OF HOUSING".".

Page 2, line 5, strike "ATTORNEY GENERAL" and substitute "DIVISION OF HOUSING";

line 6, strike "ATTORNEY GENERAL" and substitute "DIVISION OF HOUSING";

line 8, strike ""BY RULE";" and substitute ""ATTORNEY GENERAL BY RULE" and substitute "DIVISION OF HOUSING";";

line 9, strike "after "THAN", insert "TWO HUNDRED";" and substitute "strike "FIFTY" and substitute "ONE HUNDRED";";

after line 29, insert the following:

"line 5, strike "ATTORNEY GENERAL" and substitute "DIVISION OF HOUSING";

line 10, strike "ATTORNEY";

line 11, strike "GENERAL" and substitute "DIVISION OF HOUSING";".

Page 3, line 4, strike "ATTORNEY GENERAL" and substitute "DIVISION OF HOUSING";

line 11, strike "ATTORNEY GENERAL" and substitute "DIVISION OF HOUSING";

line 12, strike "REGISTRATION," and substitute "REGISTRATION AND";

strike line 13 and substitute "line 19, strike "COLORADO AND" and substitute "COLORADO. AT LEAST ONCE PER MONTH, THE DIVISION OF HOUSING SHALL SEND THE ATTORNEY GENERAL AN UPDATED LIST OF ALL PERSONS REGISTERED AND BONDED PURSUANT TO THE REQUIREMENTS OF THIS ARTICLE. THE LETTER OF CREDIT, CERTIFICATE OF DEPOSIT, OR SURETY BOND";";

after line 22, insert the following:

"Page 7, line 1, strike "ATTORNEY GENERAL" and substitute "DIVISION OF HOUSING";

line 10, strike "ATTORNEY GENERAL" and substitute "DIVISION OF HOUSING";

line 20, strike "ATTORNEY GENERAL" and substitute "DIVISION OF HOUSING".

Page 8, line 7, strike "ATTORNEY GENERAL" and substitute "DIVISION OF HOUSING";";

line 23, strike "Page 8,";

line 26, strike "ATTORNEY";

line 27, strike "GENERAL" and substitute "DIVISION OF HOUSING".

Page 4, after line 15, insert the following:

""SECTION 3. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the manufactured home fund created in Section 6-1-603, Colorado Revised Statutes, not otherwise appropriated, for the fiscal year beginning July 1, 1999, the sum of forty-one thousand six hundred sixty-nine dollars ($41,669) and 1.0 FTE, or so much thereof as may be necessary, for the implementation of this act. Of such sum, fifteen thousand nine hundred seventeen dollars ($15,917) and 0.5 FTE, or so much thereof as may be necessary, is appropriated to the department of local affairs; and twenty-five thousand seven hundred fifty-two dollars ($25,752) and 0.5 FTE, or so much thereof as may be necessary, is appropriated to the department of law.

(2) In addition to any other appropriation, there is hereby appropriated, to the department of law, for the fiscal year beginning July 1, 1999, the sum of one thousand five hundred dollars ($1,500), or so much thereof as may be necessary, for the provision of legal services to the department of local affairs related to the implementation of this act. Such sum shall be from cash funds exempt received from the department of local affairs out of the appropriation made in subsection (1) of this section.";

line 16, strike ""SECTION 3." and substitute "SECTION 4.";

after line 28, insert the following:

"Page 1, line 103, strike "SELLERS." and substitute "SELLERS, AND MAKING AN APPROPRIATION THEREFOR.".


HB99-1309 be postponed indefinitely.



EDUCATION

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

HB99-1338 be referred to the Committee of the Whole with favorable recommendation.



HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

HB99-1351 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 7, strike lines 1 through 3, and substitute the following:

"BY THE FEDERAL GOVERNMENT.

SECTION 3. Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the stationary sources control fund not otherwise appropriated, to the department of public health and environment, for the fiscal year beginning July 1, 1999, the sum of fourteen thousand seven hundred two dollars ($14,702) and 0.2 FTE, or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, line 101, strike "VISIBILITY." and substitute "VISIBILITY, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

JUDICIARY

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

HB99-1350 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 12, after "CITE", insert "ANY APPLICABLE".

Page 3, line 3, strike "LACK OF COMPETENCE,".


HB99-1334 be postponed indefinitely.

______________

PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB99-1365, 1366, 1367.

______________

DELIVERY OF BILL TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bill has been delivered to the Office of the Governor: HB99-1033 at 11:30 a.m. on April 7, 1999.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

In response to the request of the House for a Conference Committee on HB99-1017, the President appointed Senators Arnold, Chm., Blickensderfer, and Reeves as members of the First Conference Committee on the part of the Senate.

The Senate has postponed indefinitely and returns herewith: HB99­1145.

______________

INTRODUCTION OF BILL

First Reading

The following bill was read by title and referred to the committee indicated:

HB99-1367 by Representative Young--Concerning the size factor used in calculating total program funding for certain small school districts that adopt plans of reorganization that result in deconsolidation of the school districts.

Committee on Education

_______________

INTRODUCTION AND CONSIDERATION OF RESOLUTION

The following resolution was read at length and given immediate consideration:

HR99-1011 by Representative McElhany--Concerning Colorado School for the Deaf and the Blind Day.

WHEREAS, The Colorado School for the Deaf and the Blind has served students, parents, and professionals for almost 125 years; and

WHEREAS, The school believes in the development of academic, vocational, and social competencies; and

WHEREAS, The school has graduated thousands of students who are deaf, blind, or both in the past 125 years; and

WHEREAS, The school has taken a leadership role in addressing the educational, social, and emotional needs of students who are deaf, blind, or both and in providing such students with a continuum of services;

WHEREAS, The school continues to develop partnerships with parents in a joint mission to provide students with the skills necessary to be productive members of society in an ever­changing world; and

WHEREAS, April 9, 1999, marks the formal celebration of the school's one hundred and twenty­fifth anniversary;

Be It Resolved by the House of Representatives of the Sixty­second General Assembly of the State of Colorado:

That the State of Colorado hereby declares April 8, 1999, as Colorado School for the Deaf and the Blind Day in honor of the school's accomplished years of service to the deaf and blind community of Colorado.

On motion of Representative Dean, the rules were suspended and the resolution given immediate consideration.

On motion of Representative McElhany, the resolution was read at length and adopted by viva voce vote.

Co-sponsors added: Roll call of the House.

______________

CONSIDERATION OF RESOLUTION

HJR99-1026 by Representative Leyba; Senator Rupert--Concerning the recognition of April 8, 1999, as National Equal Pay Day.

(Printed and placed in member's files; also printed in House Journal, April 7, pages 1076-1077.)

On motion of Representative Leyba, the resolution was read at length and adopted by viva voce vote.

Co-sponsors added: Representatives Bacon, Chavez, Clarke, Coleman, Gagliardi, Gordon, Gotlieb, Grossman, Hagedorn, Hoppe, Kaufman, McElhany, Miller, Morrison, Ragsdale, Saliman, Smith, Takis, Tapia, Taylor, Tochtrop, Tupa, Veiga, Vigil, Windels, Zimmerman.

______________

CONSENT GRANTED TO CONFERENCE COMMITTEES

Representative Chavez moved that the First Conference Committee on HB99-1017 be granted permission to go beyond the scope of the difference between the House and the Senate. The motion was passed by the following roll call vote:

YES 62 NO 0 EXCUSED 3 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez 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 E

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. E

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker E



Representative Tool moved that the First Conference Committee on SB99-215 be granted permission to go beyond the scope of the difference between the House and the Senate. The motion was passed by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker YFairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate E

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker E

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until April 9, retaining place on Calendar:

Consideration of General Orders--HCR99-1001, HB99-1194, 1129, SB99-161, 039, 022, 004, HB99-1095, 1195, 1245, 1313, SB99-216, HB99-1356.

Consideration of Conference Committee Report--HB99-1063.

Consideration of Resolutions--HJR99-1016, SJR99-020, HJR99-1021, SJR99-023, HJR99-1024.

Consideration of Senate amendments--HB99-1056, 1127, 1159, 1204, 1234, 1253, 1268, 1288, 1108, 1171, 1175, 1218, 1239, 1294.

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., April 9, 1999.

Approved:


RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk