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