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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-fourth Legislative Day Friday, April 9, 1999

Prayer by Father Ed Judy, Samaritan House, Denver.

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

The roll was called with the following result:

Present--64.

Absent and excused--Representative Hefley--1.

Present after roll call--Representative Hefley.

The Speaker declared a quorum present.

_______________

On motion of Representative Ragsdale, the reading of the journal of April 8, 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:

HB99-1038 be postponed indefinitely.

HB99-1068 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 February 4, 1999, and substitute the following:

"Amend printed bill, page 1, line 6, strike "programs." and substitute "programs repeal.".

Page 2, line 8, after "(k)" insert "(I)";

after line 17, insert the following:

(II) THIS PARAGRAPH (k) IS REPEALED, EFFECTIVE JULY 1, 2001.

line 21, strike "program. (1)" and substitute "program repeal. (1) (a)".

Page 3, line 6, strike "OR SECTION 1727105 (1) (i)";

after line 7, insert the following:

"(b) (I) IN ADDITION TO THE FORFEITURE OF ALL REDUCTIONS IN SENTENCE AUTHORIZED BY PART 2 OF ARTICLE 22.5 OF THIS TITLE, ANY PERSON CONVICTED OF ESCAPE FROM CUSTODY FROM A COMMUNITY CORRECTION PROGRAM IN VIOLATION OF PARAGRAPH (a) OF THIS SUBSECTION (1), SHALL ALSO FORFEIT ALL REDUCTIONS IN SENTENCE AUTHORIZED BY SECTION 1727105 (1) (i).

(II) THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2001.

SECTION 3. No appropriation no appropriation to comply with section 22703. (1) 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 purposes of this act.

(2) The general assembly further finds that it is unclear whether the adoption of this act will result in a net increase in periods of imprisonment in state correctional facilities. Therefore, no appropriation pursuant to section 22703, Colorado Revised Statutes, is required in this bill.".

Renumber succeeding sections accordingly.".

HB99-1102 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 9, strike lines 7 through 26.

Strike page 10, and substitute the following:

"SECTION 4. Appropriation - adjustment in 1999 long bill. (1) (a) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the capital construction fund created in section 24-75-302, Colorado Revised Statutes, not otherwise appropriated, to the Colorado advanced technology institute commission, for the fiscal year beginning July 1, 1999, the sum of three million one hundred seventy-six thousand dollars ($3,176,000), or so much thereof as may be necessary, for the community-based access grant program established by this act. Of this amount, the sum of two million eight hundred thousand dollars ($2,800,000) represents the amount of money to be deposited into the capital construction fund from the Colorado advanced technology institute share of the proceeds of supernet, and the sum of three hundred seventy-six thousand dollars ($376,000) represents funds transferred to the capital construction fund outlined in section 3 (1) (f) of the general appropriation act for the fiscal year beginning July 1, 1999.

(b) In addition to any other appropriation, there is hereby appropriated, from grants and loans from the local government severance tax fund created pursuant to section 39-29-110, Colorado Revised Statutes, not otherwise appropriated, to the Colorado advanced technology institute commission, for the fiscal year beginning July 1, 1999, the sum of one million five hundred thousand dollars ($1,500,000) cash funds exempt, or so much thereof as may necessary, for the community-based access grant program established by this act.

(c) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of local affairs, for the fiscal year beginning July 1, 1999, the sum of one hundred twenty-four thousand dollars ($124,000), or so much thereof as may be necessary, for the implementation of this act.

(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 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 one hundred twenty-four thousand dollars ($124,000).

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

Page 11, strike lines 1 through 9.

Renumber succeeding section accordingly.

HB99-1118 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Health, Environment, Welfare & Institutions Committee Report, dated February 3, 1999, page 2, strike lines 10 through 16 and substitute the following:

(2) For the implementation of this act, appropriations made in the annual general appropriations 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 two hundred thousand dollars ($200,000).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by two hundred thousand dollars ($200,000).".";

after line 17, insert the following:

"Page 8, line 1, strike "1999." and substitute "1999, and shall terminate on June 30, 2000.".".

HB99-1146 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 26, 1999, page 4, strike lines 26 through 32 and substitute the following:

"appropriation, there is hereby appropriated, out of any moneys in the General Fund not otherwise appropriated, to the department human services, children, youth and families, special purpose welfare programs, quality improvement unit, for the fiscal year beginning July 1, 1999, the sum of fifty-three thousand forty-eight dollars ($53,048) and 1.0 FTE, or so much thereof as may be necessary, for the implementation of this act. Said amount is exempt from the statutory limit on state general fund appropriations pursuant to section 24-75-201.1 (1) (a) (III) (A), Colorado Revised Statutes. In addition to said appropriation, the general assembly anticipates that, for the fiscal year beginning July 1, 1999, the department of human services will receive the sum of thirteen thousand two hundred sixty-two dollars ($13,262 ) in federal funds for the implementation of this act. Although the federal funds are not appropriated in this act, they are noted for the purpose of indicating the assumptions used relative to these funds in developing the state appropriation amounts.".

Page 5, line 2, strike "act."." and substitute "act. Said amount is exempt from the statutory limit on state general fund appropriations pursuant to section 24-75-201.1 (1) (a) (III) (A), Colorado Revised Statutes.".".

HB99-1208 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Strike the Health, Environment, Welfare, & Institutions Committee amendment, dated February 1, and substitute the following:

"Amend printed bill, strike everything below the enacting clause, and substitute the following:

"SECTION 10 Article 28 of title 39, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 2

TOBACCO ESCROW FUNDS

3928201. Legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES:

(a) THAT CIGARETTE SMOKING PRESENTS SERIOUS PUBLIC HEALTH CONCERNS TO THE STATE AND TO THE CITIZENS OF THE STATE. THE SURGEON GENERAL HAS DETERMINED THAT SMOKING CAUSES LUNG CANCER, HEART DISEASE AND OTHER SERIOUS DISEASES, AND THAT THERE ARE HUNDREDS OF THOUSANDS OF TOBACCORELATED DEATHS IN THE UNITED STATES EACH YEAR. THESE DISEASES MOST OFTEN DO NOT APPEAR UNTIL MANY YEARS AFTER THE PERSON IN QUESTION BEGINS SMOKING.

(b) THAT CIGARETTE SMOKING ALSO PRESENTS SERIOUS FINANCIAL CONCERNS FOR THE STATE. UNDER CERTAIN HEALTHCARE PROGRAMS, THE STATE MAY HAVE A LEGAL OBLIGATION TO PROVIDE MEDICAL ASSISTANCE TO ELIGIBLE PERSONS FOR HEALTH CONDITIONS ASSOCIATED WITH CIGARETTE SMOKING, AND THOSE PERSONS MAY HAVE A LEGAL ENTITLEMENT TO RECEIVE SUCH MEDICAL ASSISTANCE.

(c) THAT UNDER THESE PROGRAMS, THE STATE PAYS MILLIONS OF DOLLARS EACH YEAR TO PROVIDE MEDICAL ASSISTANCE FOR THESE PERSONS FOR HEALTH CONDITIONS ASSOCIATED WITH CIGARETTE SMOKING.

(d) THAT IT IS THE POLICY OF THE STATE THAT FINANCIAL BURDENS IMPOSED ON THE STATE BY CIGARETTE SMOKING BE BORNE BY TOBACCO PRODUCT MANUFACTURERS RATHER THAN BY THE STATE TO THE EXTENT THAT SUCH MANUFACTURERS EITHER DETERMINE TO ENTER INTO A SETTLEMENT WITH THE STATE OR ARE FOUND CULPABLE BY THE COURTS.

(e) THAT ON NOVEMBER 23, 1998, LEADING UNITED STATES TOBACCO PRODUCT MANUFACTURERS ENTERED INTO A SETTLEMENT AGREEMENT, ENTITLED THE "MASTER SETTLEMENT AGREEMENT," WITH THE STATE. THE MASTER SETTLEMENT AGREEMENT OBLIGATES THESE MANUFACTURERS, IN RETURN FOR A RELEASE OF PAST, PRESENT AND CERTAIN FUTURE CLAIMS AGAINST THEM AS DESCRIBED THEREIN, TO PAY SUBSTANTIAL SUMS TO THE STATE, TIED IN PART TO THEIR VOLUME OF SALES; TO FUND A NATIONAL FOUNDATION DEVOTED TO THE INTERESTS OF PUBLIC HEALTH; AND TO MAKE SUBSTANTIAL CHANGES IN THEIR ADVERTISING AND MARKETING PRACTICES AND CORPORATE CULTURE, WITH THE INTENTION OF REDUCING UNDERAGE SMOKING.

(f) THAT IT WOULD BE CONTRARY TO THE POLICY OF THE STATE IF TOBACCO PRODUCT MANUFACTURERS WHO DETERMINE NOT TO ENTER INTO SUCH A SETTLEMENT COULD USE A RESULTING COST ADVANTAGE TO DERIVE LARGE, SHORTTERM PROFITS IN THE YEARS BEFORE LIABILITY MAY ARISE WITHOUT ENSURING THAT THE STATE WILL HAVE AN EVENTUAL SOURCE OF RECOVERY FROM THEM IF THEY ARE PROVEN TO HAVE ACTED CULPABLY. IT IS THUS IN THE INTEREST OF THE STATE TO REQUIRE THAT SUCH MANUFACTURERS ESTABLISH A RESERVE FUND TO GUARANTEE A SOURCE OF COMPENSATION AND TO PREVENT SUCH MANUFACTURERS FROM DERIVING LARGE, SHORTTERM PROFITS AND THEN BECOMING JUDGMENTPROOF BEFORE LIABILITY MAY ARISE.

3928202. Definitions. AS USED IN THIS PART 2:

(1) "ADJUSTED FOR INFLATION" MEANS INCREASED IN ACCORDANCE WITH THE FORMULA FOR INFLATION ADJUSTMENT SET FORTH IN EXHIBIT C TO THE MASTER SETTLEMENT AGREEMENT.

(2) "AFFILIATE" MEANS A PERSON WHO DIRECTLY OR INDIRECTLY OWNS OR CONTROLS, IS OWNED OR CONTROLLED BY, OR IS UNDER COMMON OWNERSHIP OR CONTROL WITH, ANOTHER PERSON. SOLELY FOR PURPOSES OF THIS DEFINITION, THE TERMS "OWNS," "IS OWNED," AND "OWNERSHIP" MEAN OWNERSHIP OF AN EQUITY INTEREST, OR THE EQUIVALENT THEREOF, OF TEN PERCENT OR MORE, AND THE TERM "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, COMMITTEE, ASSOCIATION, CORPORATION, OR ANY OTHER ORGANIZATION OR GROUP OF PERSONS.

(3) "ALLOCABLE SHARE" MEANS ALLOCABLE SHARE AS THAT TERM IS DEFINED IN THE MASTER SETTLEMENT AGREEMENT.

(4) (a) "CIGARETTE" MEANS ANY PRODUCT THAT CONTAINS NICOTINE, IS INTENDED TO BE BURNED OR HEATED UNDER ORDINARY CONDITIONS OF USE, AND CONSISTS OF OR CONTAINS:

(I) ANY ROLL OF TOBACCO WRAPPED IN PAPER OR IN ANY SUBSTANCE NOT CONTAINING TOBACCO; OR

(II) TOBACCO, IN ANY FORM, THAT IS FUNCTIONAL IN THE PRODUCT, WHICH, BECAUSE OF ITS APPEARANCE, THE TYPE OF TOBACCO USED IN THE FILLER, OR ITS PACKAGING AND LABELING, IS LIKELY TO BE OFFERED TO, OR PURCHASED BY, CONSUMERS AS A CIGARETTE; OR

(III) ANY ROLL OF TOBACCO WRAPPED IN ANY SUBSTANCE CONTAINING TOBACCO THAT, BECAUSE OF ITS APPEARANCE, THE TYPE OF TOBACCO USED IN THE FILLER, OR ITS PACKAGING AND LABELING, IS LIKELY TO BE OFFERED TO, OR PURCHASED BY, CONSUMERS AS A CIGARETTE DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (a).

(b) THE TERM "CIGARETTE" INCLUDES ROLLYOUROWN, I.E., ANY TOBACCO THAT, BECAUSE OF ITS APPEARANCE, TYPE, PACKAGING, OR LABELING, IS SUITABLE FOR USE AND LIKELY TO BE OFFERED TO, OR PURCHASED BY, CONSUMERS AS TOBACCO FOR MAKING CIGARETTES.

(c) FOR PURPOSES OF THIS DEFINITION OF "CIGARETTES," 0.09 OUNCES OF ROLLYOUROWN TOBACCO SHALL CONSTITUTE ONE INDIVIDUAL "CIGARETTE."

(5) "MASTER SETTLEMENT AGREEMENT" MEANS THE SETTLEMENT AGREEMENT AND RELATED DOCUMENTS DATED NOVEMBER 23, 1998, ENTERED INTO BY THE STATE AND LEADING UNITED STATES TOBACCO PRODUCT MANUFACTURERS AND ATTACHED AS EXHIBIT A TO THE CONSENT DECREE APPROVED BY THE DISTRICT COURT FOR THE CITY AND COUNTY OF DENVER ON NOVEMBER 25, 1998, IN CIVIL ACTION NO. 97CV3432.

(6) "QUALIFIED ESCROW FUND" MEANS AN ESCROW ARRANGEMENT WITH A FEDERALLY OR STATE CHARTERED FINANCIAL INSTITUTION HAVING NO AFFILIATION WITH ANY TOBACCO PRODUCT MANUFACTURER AND HAVING ASSETS OF AT LEAST ONE BILLION DOLLARS, WHERE SUCH ARRANGEMENT REQUIRES THAT SUCH FINANCIAL INSTITUTION HOLD THE ESCROWED FUNDS' PRINCIPAL FOR THE BENEFIT OF RELEASING PARTIES AND PROHIBITS THE TOBACCO PRODUCT MANUFACTURER PLACING THE FUNDS INTO ESCROW FROM USING, ACCESSING, OR DIRECTING THE USE OF THE FUNDS' PRINCIPAL EXCEPT AS CONSISTENT WITH SECTION 3928203 (2).

(7) "RELEASED CLAIMS" MEANS RELEASED CLAIMS AS THAT TERM IS DEFINED IN THE MASTER SETTLEMENT AGREEMENT.

(8) "RELEASING PARTIES" MEANS RELEASING PARTIES AS THAT TERM IS DEFINED IN THE MASTER SETTLEMENT AGREEMENT.

(9) (a) "TOBACCO PRODUCT MANUFACTURER" MEANS AN ENTITY THAT, AFTER THE EFFECTIVE DATE OF THIS SECTION, DIRECTLY AND NOT EXCLUSIVELY THROUGH ANY AFFILIATE:

(I) MANUFACTURES CIGARETTES ANYWHERE WHICH THE MANUFACTURER INTENDS TO BE SOLD IN THE UNITED STATES, INCLUDING CIGARETTES INTENDED TO BE SOLD IN THE UNITED STATES THROUGH AN IMPORTER; PROVIDED, HOWEVER, THAT AN ENTITY THAT MANUFACTURES CIGARETTES THAT IT INTENDS TO BE SOLD IN THE UNITED STATES SHALL NOT BE CONSIDERED A TOBACCO PRODUCT MANUFACTURER UNDER THIS SUBSECTION (9) (a) IF:

(A) SUCH CIGARETTES ARE SOLD IN THE UNITED STATES EXCLUSIVELY THROUGH AN IMPORTER THAT IS AN ORIGINAL PARTICIPATING MANUFACTURER, AS THAT TERM IS DEFINED IN THE MASTER SETTLEMENT AGREEMENT, THAT WILL BE RESPONSIBLE FOR THE PAYMENTS UNDER THE MASTER SETTLEMENT AGREEMENT WITH RESPECT TO SUCH CIGARETTES AS A RESULT OF THE PROVISIONS OF SUBSECTION II(mm) OF THE MASTER SETTLEMENT AGREEMENT AND THAT PAYS THE TAXES SPECIFIED IN SECTION II (Z) OF THE MASTER SETTLEMENT AGREEMENT; AND

(B) THE MANUFACTURER OF SUCH CIGARETTES DOES NOT MARKET OR ADVERTISE SUCH CIGARETTES IN THE UNITED STATES;

(II) IS THE FIRST PURCHASER ANYWHERE FOR RESALE IN THE UNITED STATES OF CIGARETTES MANUFACTURED ANYWHERE THAT THE MANUFACTURER DOES NOT INTEND TO BE SOLD IN THE UNITED STATES; OR

(III) BECOMES A SUCCESSOR OF AN ENTITY DESCRIBED IN SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH (a).

(b) "TOBACCO PRODUCT MANUFACTURER" DOES NOT INCLUDE AN AFFILIATE OF A TOBACCO PRODUCT MANUFACTURER UNLESS SUCH AFFILIATE ITSELF FALLS WITHIN SUBPARAGRAPHS (I) TO (III) OF PARAGRAPH (a) OF THIS SUBSECTION (9).

(10) "UNITS SOLD" MEANS THE NUMBER OF INDIVIDUAL CIGARETTES SOLD IN THE STATE BY THE APPLICABLE TOBACCO PRODUCT MANUFACTURER, WHETHER DIRECTLY OR THROUGH A DISTRIBUTOR, RETAILER, OR SIMILAR INTERMEDIARY OR INTERMEDIARIES, DURING THE YEAR IN QUESTION, AS MEASURED BY EXCISE TAXES COLLECTED BY THE STATE ON ROLLYOUROWN TOBACCO CONTAINERS AND ON PACKS OF CIGARETTES BEARING THE EXCISE TAX STAMP OF THE STATE. THE DEPARTMENT SHALL PROMULGATE SUCH RULES AS ARE NECESSARY TO ASCERTAIN THE AMOUNT OF STATE EXCISE TAX PAID ON THE CIGARETTES OF SUCH TOBACCO PRODUCT MANUFACTURER FOR EACH YEAR.

3928203. Requirements. ANY TOBACCO PRODUCT MANUFACTURER SELLING CIGARETTES TO CONSUMERS WITHIN THE STATE, WHETHER DIRECTLY OR THROUGH A DISTRIBUTOR, RETAILER, OR SIMILAR INTERMEDIARY OR INTERMEDIARIES, AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL EITHER:

(1) BECOME A PARTICIPATING MANUFACTURER AS THAT TERM IS DEFINED IN SECTION II(JJ) OF THE MASTER SETTLEMENT AGREEMENT AND GENERALLY PERFORM ITS FINANCIAL OBLIGATIONS UNDER THE MASTER SETTLEMENT AGREEMENT; OR

(2) (a) PLACE INTO A QUALIFIED ESCROW FUND BY APRIL 15 OF THE YEAR FOLLOWING THE YEAR IN QUESTION THE FOLLOWING AMOUNTS AS SUCH AMOUNTS ARE ADJUSTED FOR INFLATION:

(I) 1999: $.0094241 PER UNIT SOLD IN THE CALENDAR YEAR 1999 AFTER THE EFFECTIVE DATE OF THIS SECTION;

(II) 2000: $.0104712 PER UNIT SOLD;

(III) FOR EACH OF 2001 AND 2002: $.0136125 PER UNIT SOLD;

(IV) FOR EACH OF 2003 THROUGH 2006: $.0167539 PER UNIT SOLD;

(V) FOR EACH OF 2007 AND EACH YEAR THEREAFTER: $.0188482 PER UNIT SOLD.

(b) A TOBACCO PRODUCT MANUFACTURER THAT PLACES FUNDS INTO ESCROW PURSUANT TO SUBSECTION (2) (a) OF THIS SECTION SHALL RECEIVE THE INTEREST OR OTHER APPRECIATION ON SUCH FUNDS AS EARNED. SUCH FUNDS THEMSELVES SHALL BE RELEASED FROM ESCROW ONLY UNDER THE FOLLOWING CIRCUMSTANCES:

(I) TO PAY A JUDGMENT OR SETTLEMENT ON ANY RELEASED CLAIM BROUGHT AGAINST SUCH TOBACCO PRODUCT MANUFACTURER BY THE STATE OR ANY RELEASING PARTY LOCATED OR RESIDING IN THE STATE. FUNDS SHALL BE RELEASED FROM ESCROW UNDER THIS SUBPARAGRAPH (I):

(A) IN THE ORDER IN WHICH THEY WERE PLACED INTO ESCROW; AND

(B) ONLY TO THE EXTENT AND AT THE TIME NECESSARY TO MAKE PAYMENTS REQUIRED UNDER SUCH JUDGMENT OR SETTLEMENT;

(II) TO THE EXTENT THAT A TOBACCO PRODUCT MANUFACTURER ESTABLISHES THAT THE AMOUNT IT WAS REQUIRED TO PLACE INTO ESCROW IN A PARTICULAR YEAR WAS GREATER THAN THE STATE'S ALLOCABLE SHARE OF THE TOTAL PAYMENTS THAT SUCH MANUFACTURER WOULD HAVE BEEN REQUIRED TO MAKE IN THAT YEAR UNDER THE MASTER SETTLEMENT AGREEMENT HAD IT BEEN A PARTICIPATING MANUFACTURER, AS SUCH PAYMENTS ARE DETERMINED PURSUANT TO SECTION IX (i) (2) OF THE MASTER SETTLEMENT AGREEMENT AND BEFORE ANY OF THE ADJUSTMENTS OR OFFSETS DESCRIBED IN SECTION IX (i) (3) OF THAT AGREEMENT OTHER THAN THE INFLATION ADJUSTMENT, THE EXCESS SHALL BE RELEASED FROM ESCROW AND REVERT BACK TO SUCH TOBACCO PRODUCT MANUFACTURER; OR

(III) TO THE EXTENT NOT RELEASED FROM ESCROW UNDER SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH (b), FUNDS SHALL BE RELEASED FROM ESCROW AND REVERT BACK TO SUCH TOBACCO PRODUCT MANUFACTURER TWENTYFIVE YEARS AFTER THE DATE ON WHICH THE FUNDS WERE PLACED INTO ESCROW.

(c) (I) EACH TOBACCO PRODUCT MANUFACTURER THAT ELECTS TO PLACE FUNDS INTO ESCROW PURSUANT TO THIS SUBSECTION (2) SHALL ANNUALLY CERTIFY TO THE ATTORNEY GENERAL THAT IT IS IN COMPLIANCE WITH THIS SUBSECTION (2). THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON BEHALF OF THE STATE AGAINST ANY TOBACCO PRODUCT MANUFACTURER THAT FAILS TO PLACE INTO ESCROW THE FUNDS REQUIRED UNDER THIS SECTION. ANY TOBACCO PRODUCT MANUFACTURER THAT FAILS IN ANY YEAR TO PLACE INTO ESCROW THE FUNDS REQUIRED UNDER THIS SECTION SHALL:

(A) BE REQUIRED WITHIN FIFTEEN DAYS TO PLACE SUCH FUNDS INTO ESCROW AS SHALL BRING IT INTO COMPLIANCE WITH THIS SECTION. THE COURT, UPON A FINDING OF A VIOLATION OF THIS SUBSECTION (2), MAY IMPOSE A CIVIL PENALTY, TO BE PAID TO THE GENERAL FUND OF THE STATE, IN AN AMOUNT NOT TO EXCEED FIVE PERCENT OF THE AMOUNT IMPROPERLY WITHHELD FROM ESCROW PER DAY OF THE VIOLATION AND IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED PERCENT OF THE ORIGINAL AMOUNT IMPROPERLY WITHHELD FROM ESCROW;

(B) IN THE CASE OF A KNOWING VIOLATION, BE REQUIRED WITHIN FIFTEEN DAYS TO PLACE SUCH FUNDS INTO ESCROW AS SHALL BRING IT INTO COMPLIANCE WITH THIS SECTION. THE COURT, UPON A FINDING OF A KNOWING VIOLATION OF THIS SUBSECTION (2), MAY IMPOSE A CIVIL PENALTY, TO BE PAID TO THE GENERAL FUND OF THE STATE, IN AN AMOUNT NOT TO EXCEED FIFTEEN PERCENT OF THE AMOUNT IMPROPERLY WITHHELD FROM ESCROW PER DAY OF THE VIOLATION AND IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED PERCENT OF THE ORIGINAL AMOUNT IMPROPERLY WITHHELD FROM ESCROW; AND

(C) IN THE CASE OF A SECOND OR SUBSEQUENT KNOWING VIOLATION, BE PROHIBITED FROM SELLING CIGARETTES TO CONSUMERS WITHIN THE STATE, WHETHER DIRECTLY OR THROUGH A DISTRIBUTOR, RETAILER, OR SIMILAR INTERMEDIARY OR INTERMEDIARIES, FOR A PERIOD NOT TO EXCEED TWO YEARS.

(II) EACH FAILURE TO MAKE AN ANNUAL DEPOSIT REQUIRED UNDER THIS SECTION SHALL CONSTITUTE A SEPARATE VIOLATION.

SECTION 2. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, to the department of law, for allocation to the general enforcement and appellate sections, for the fiscal year beginning July 1, 1999, the sum of twenty-seven thousand six hundred forty-eight dollars ($27,648) and 0.5 FTE, or so much thereof as may be necessary, for the implementation of this act. Such sum shall be from cash funds exempt custodial funds awarded to the Department of Law to further antitrust and consumer protection purposes.

(2) In addition to any other appropriation, there is hereby appropriated, to the department of revenue, for the fiscal year beginning July 1, 1999, the sum of one hundred forty thousand eight hundred forty dollars ($140,840) and 1.0 FTE, or so much thereof as may be necessary, for the implementation of this act. Such sum shall be from cash funds exempt custodial funds awarded to the Department of Law to further antitrust and consumer protection purposes.

SECTION 3. Effective date applicability. This act shall take effect July 1, 1999, and shall apply to the sale of all cigarettes on or after said date.

SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

Page 1, line 102, strike "SETTLEMENT." and substitute "SETTLEMENT, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".".

HB99-1211 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 11, 1999, page 1, strike lines 2 through 13, and substitute the following:

""SECTION 2. Appropriation - adjustment in 1999 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 judicial department, for the fiscal year beginning July 1, 1999, the sum of five hundred thirty-eight thousand twenty-one dollars ($538,021) and 7.4 FTE, or so much thereof as may be necessary, for the implementation of this act. Of said sum, four hundred seventy-six thousand five hundred two dollars ($476,502) and 6.0 FTE is for allocation to trial courts, and sixty-one thousand five hundred nineteen dollars ($61,519) and 1.4 FTE is for allocation to the state public defender.

(2) For the implementation of this act, appropriations made in the annual general appropriations 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 five hundred thirty-eight thousand twenty-one dollars ($538,021).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by five hundred thirty-eight thousand twenty-one dollars ($538,021).

(3) The appropriations in subsection (1) of this section and the adjustments in subsection (2) of this section shall be effective only if no funding for additional county court judges is included in the general appropriation act for the fiscal year beginning July 1, 1999.".".

HB99-1220 be postponed indefinitely.

HB99-1222 be referred to the Committee of the Whole with favorable recommendation.

BUSINESS AFFAIRS AND LABOR

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

HB99-1340 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 line 5, and substitute the following:

"antennas on people living near broadcast antennas and broadcast towers.".

Page 2, line 3, strike "the electromagnetic emissions," and substitute "broadcast towers,";

line 4, after "the", insert "broadcast";

line 5, strike "electromagnetic";

line 9, after "studies", insert "in an area to be determined by the

department and to include but not be limited to Lookout Mountain,

Genesee, and Golden";

line 11, strike "electromagnetic".

Page 3, line 4, strike "OR" and substitute "AND";

line 5, strike "ELECTROMAGNETIC" and substitute "BROADCAST";

line 6, strike " OR ELECTROMAGNETIC" and substitute "AND BROADCAST";

line 11, strike "ELECTROMAGNETIC" and substitute "BROADCAST";

line 12, strike "ELECTROMAGNETIC" and substitute "BROADCAST".

Page 5, line 12, after the period, add "THE STUDY SHALL NOT BE

IMPLEMENTED UNTIL SUFFICIENT GRANTS, DONATIONS, AND GIFTS ARE

OBTAINED TO SUPPORT ITS IMPLEMENTATION, HOWEVER, NOTHING IN THIS

SECTION SHALL PRECLUDE THE STATE FROM USING MONEYS THAT ARE

AVAILABLE FOR THIS PURPOSE.".

HB99-1344 be referred to the Committee of the Whole with favorable recommendation.

HB99-1352 be referred to the Committee of the Whole with favorable recommendation.

SB99-110 be postponed indefinitely.

FINANCE

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

The Committee returns herewith HB99-1013 and reports 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.

The Committee returns herewith HB99-1098 and reports 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.

HB99-1336 be referred to the Committee of the Whole with favorable recommendation.

HB99-1345 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, strike line 1 and substitute the following: "3922514 (3) (a) (I), (4), (6), (7) (a), (10) (a), and (11) (a), Colorado Revised";

line 6, strike "~~but prior to January 1, 2000,~~" and substitute "but prior to January 1, ~~2000~~ 2010,";

line 24, strike "~~and subsection (6) of this section,~~" and substitute "and subsection (6) of this section,".

Page 4, strike lines 25 and 26.

Strike page 5.

Page 6, strike lines 1 through 7 and substitute the following:

"(6) (a) (I) Except as otherwise provided in paragraph (b) of this subsection (6), any taxpayer who was given preliminary approval prior to January 1, ~~2000~~ 2010, pursuant to the provisions of subparagraph (I) of paragraph (a) of subsection (3) of this section; whose completion deadline as set forth in subparagraph (II) of paragraph (a) of subsection (3) and in subsection (5) of this section is subsequent to December 31, ~~1999~~ 2009; and who has not completed the qualified rehabilitation prior to January 1, ~~2000~~ 2010, shall, in order to qualify for the credit provided for in paragraph (a) of subsection (1) of this section, obtain a form from the reviewing entity verifying compliance with the provisions of subparagraph (I) of paragraph (a) of subsection (3) of this section and this subsection (6). If more than one of the taxpayers have complied with said provisions for the same qualified property, the reviewing entity shall issue such verification form to each such taxpayer, and such verification form shall specify the proportion of the amount of the tax credit allowed to such taxpayer as determined pursuant to subsection (4) of this section.

(II) The reviewing entity shall issue said verification form only upon the submittal of an accounting of total qualified costs incurred in said qualified rehabilitation prior to January 1, ~~2000~~ 2010, and the names of the owners and qualified tenants who incurred such qualified costs, the payment of a fee in an amount determined pursuant to the provisions of paragraph (a) of subsection (11) of this section, and the making of the determination that the portion of such qualified rehabilitation which was completed as of January 1, ~~2000~~ 2010:

(A) Conforms to the plans and specifications approved pursuant to subparagraph (I) of paragraph (a) of subsection (3) of this section; and

(B) Preserves and maintains those qualities of such qualified property which made it eligible for inclusion individually or as a contributing property in a district in the state register of historic places or for designation as a landmark or as a contributing property in a historic district by a certified local government.

(III) The taxpayer shall submit the verification form obtained pursuant to this paragraph (a) with the income tax return being filed by the taxpayer for the income tax year commencing on or after January 1, ~~1999~~ 2009, but prior to January 1, ~~2000~~ 2010.".

Page 7, line 3, strike "~~subsections~~ SUBSECTION (3) ~~and (6)~~" and substitute "subsections (3) and (6)";

strike lines 6 through 11;

strike lines 13 and 14 and substitute the following:

"provisions of subparagraph (III) of paragraph (a) of subsection (3) and subparagraph (II) of paragraph (a) of subsection (6) of this section shall".

Page 8, strike lines 1 through 21.

SB99-033 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 12, strike "OUTCOMES," and substitute "OUTCOMES AND ANNUAL TARGETS,";

line 16, after "OUTCOMES", insert "AND ANNUAL TARGETS";

line 18, strike "OUTCOMES;" and substitute "OUTCOMES AND ANNUAL TARGETS;".

Page 3, line 15, after "OUTCOMES", insert "AND ANNUAL TARGETS";

line 24, strike "OUTCOMES." and substitute "OUTCOMES AND ANNUAL TARGETS.".

Page 5, line 12, after "OBJECTIVES", insert "AND ANNUAL TARGETS".

Page 6, after line 10, insert the following:

"(II) IF THE REPORT OF THE STATE AUDITOR SUBMITTED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (c) CONCLUDES THAT AN ENTERPRISE ZONE OR A PORTION OF AN ENTERPRISE ZONE HAS NOT MET THE MEASURABLE OBJECTIVES FOR THE ZONE, THE STATE AUDITOR SHALL NOTIFY THE CHAIRPERSON OF THE FINANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE OF SUCH CONCLUSION. UPON RECEIVING SUCH NOTICE, THE CHAIRPERSONS OF SUCH COMMITTEES SHALL SCHEDULE A JOINT MEETING WITH THE ECONOMIC DEVELOPMENT COMMISSION TO REVIEW THE ZONE OR PORTION OF A ZONE THAT DID NOT MEET ITS MEASURABLE OBJECTIVES. PRIOR TO SUCH MEETING, THE ZONE ADMINISTRATOR SHALL DEVELOP A PLAN TO BRING THE ZONE OR PORTION OF A ZONE INTO COMPLIANCE WITH THE OBJECTIVES FOR THE ZONE. SUCH MEETING MAY TAKE PLACE DURING THE INTERIM, IN WHICH CASE THE COMMITTEES SHALL MEET AS AN INTERIM COMMITTEE, OR UPON CONVENING THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY.".

Renumber succeeding subparagraph accordingly.

Page 6, line 19, strike "OBJECTIVES," and substitute "OBJECTIVES AND ANNUAL TARGETS,".

Page 7, line 9, after "OBJECTIVES", insert "AND ANNUAL TARGETS";

line 10, after the period, add "THE NAMES OF SUCH COMPANIES, BUT NOT CONFIDENTIAL DOCUMENTS, REPORTS, OR RETURNS OF SUCH COMPANIES, SHALL BE AVAILABLE FOR PUBLIC INSPECTION.".

TRANSPORTATION AND ENERGY

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

HB99-1034 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, strike lines 7 through 26.

Page 4, strike lines 1 through 18.

Renumber succeeding sections accordingly.

Page 4, strike lines 22 through 26 and substitute the following:

"4310110. Revenues in aviation fund disbursements repeal. (1) (a) In accordance with section 18 of article X of the Colorado constitution, moneys in the fund shall be used exclusively for aviation purposes.

(b) (I) MONEYS APPROPRIATED TO THE DIVISION PURSUANT TO HOUSE BILL 991034, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTYSECOND GENERAL ASSEMBLY, SHALL BE USED EXCLUSIVELY FOR THE CONSTRUCTION AND OPERATION OF REMOTE WEATHER STATIONS ON AVIATION ROUTES SERVING QUALIFIED AIRPORTS IN OUTLYING AREAS OF THE STATE.

(II) THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2000.".

Page 5, strike lines 1 through 9;

strike lines 23 through 26.

Page 6, strike lines 1 through 4 and substitute the following:

"SECTION 4. Appropriation adjustment in 1999 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 transportation for allocation to the division of aeronautics, for the fiscal year beginning July 1, 1999, the sum of one million two hundred thousand dollars ($1,200,000), or so much thereof as may be necessary, for the implementation of this act.

(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 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 one million two hundred thousand dollars ($1,200,000).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by one million two hundred thousand dollars ($1,200,000).".

HB99-1364 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, strike line 7 and substitute the following:

"(1.5) EXCEPT FOR THE PROVISIONS CONCERNING SERVICE OF PROCESS CONTAINED IN SUBPARAGRAPH (I) OF PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION, NOTHING IN THIS SECTION SHALL APPLY TO A VIOLATION DETECTED BY AN AUTOMATED VEHICLE IDENTIFICATION DEVICE FOR".

Page 3, line 19, strike "notice" and substitute "notice, THAT SHALL INCLUDE A COPY OF THE PHOTOGRAPH OR IMAGE OF THE DRIVER,".

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on SB99-011

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99011, concerning the authority of a special district to waive charges against property within the district for the purpose of facilitating affordable housing, has met and reports that it has agreed upon the following:

That the Senate accede to the House amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 2, strike lines 8 and 9 and substitute the following:

"THE BOARD MAY WAIVE OR AMORTIZE ALL OR PART OF THE TAP FEES AND CONNECTION FEES OR EXTEND THE TIME PERIOD FOR PAYING ALL OR PART OF SUCH FEES FOR";

line 14, strike "AMORTIZATION" and substitute "WAIVER, AMORTIZATION,".

Respectfully submitted,

Senate Committee: House Committee:

Norma Anderson William Kaufman

Ginette Dennis Glenn Scott

Stan Matsunaka Tom Plant

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has adopted and returns herewith: HJR99-1026.

The Senate granted permission to members of the First Conference Committee on HB99-1274 to consider matters not at issue between the two houses.

_________

The Senate has adopted and transmits herewith: SJR99-028.

______________

CONSIDERATION OF RESOLUTIONS

HJR99-1021 by Representatives Tate, Chavez, Clarke, Coleman, Gordon, Gotlieb, Grossman, Leyba, Mace, Veiga; also Senators Hernandez, Pascoe, Tanner--Concerning a request to the President of the United States to direct the Chairman of the Federal Trade Commission not to close the Denver Regional Office of the Federal Trade Commission.

(Printed and placed in member's files; also printed in House Journal, March 26, pages 992-993.)

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

Co-sponsors added: Representatives Alexander, Gagliardi, Kaufman, Kester, Larson, McPherson, Miller, Plant, Ragsdale, Saliman, Sinclair, Smith, Takis, Tochtrop, Tupa, Vigil, Windels, Zimmerman.

HJR99-1024 by Representatives Dean, George, Gordon; also Senators Blickensderfer, Powers, Feeley--Concerning a joint session of the House of Representatives and the Senate to honor former member Tony Grampsas.

(Printed and placed in member's files; also printed in House Journal, April 5, pages 1041-1042.)

On motion of Representative Dean, the resolution was adopted by viva voce vote.

Co-sponsors added: Roll call of the House.

_______________

On motion of Representative Dean, SB99-205, HB99-1195, 1313, 1051 shall be made Special Orders on Friday, April 9, 1999, at 10:01 a.m.

_______________

The hour of 10:01 a.m., having arrived, on motion of Representative Nuñez, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman.

_______________

SPECIAL ORDERS--SECOND READING OF BILLS

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

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

SB99-205 by Senator Teck; also Representative Clapp--Concerning limitations on the authority of a political subdivision to bring suit.

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

HB99-1195 by Representatives Pfiffner, May, Paschall, Allen, Dean, McElhany, McPherson, Sullivant, T. Williams, Young; also Senators Owen, Dennis, Powers, Congrove, Hillman, Lamborn, Musgrave, Tebedo--Concerning governmental efficiency.

Amendment No. 1, Appropriations Report, dated March 26, 1999, and placed in member's bill file; Report also printed in House Journal, March 26, page 989.

Amendment No. 2, by Representative Pfiffner.

Amend printed bill, page 15, line 18, strike "AUDITOR" and substitute "CONTROLLER".

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

HB99-1313 by Representatives Alexander, Hoppe, Johnson, Miller, Smith, Spradley, Taylor, Webster; also Senator Teck--Concerning the wildlife commission, and, in connection therewith, changing the meeting schedule, operation, and composition of the wildlife commission.

Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated February 17, 1999, and placed in member's bill file; Report also printed in House Journal, Febraury19, pages 515-516.

Amendment No. 2, Appropriations Report, dated March 26, 1999, and placed in member's bill file; Report also printed in House Journal, March 26, page 991.

Amendment No. 3, by Representative Alexander.

Amend the Agriculture, Livestock, and Natural Resources Committee Report, dated February 17, 1999, page 1, strike lines 3 and 4, and substitute the following:

"strike lines 8 through 11, and substitute the following:

"of this section, and ~~three~~ TWO members from the public at"";

strike line 12 of the Report, and substitute the following:

"more than two members shall be from any one of the five districts. The";";

before line 13 of the Report, insert the following:

"line 17, after the period, insert "ALL MEMBERS OF THE COMMISSION SHALL HAVE A REASONABLE KNOWLEDGE OF WILDLIFE ISSUES, WILDLIFE HABITAT, OR WILDLIFE MANAGEMENT.".";

strike lines 16 through 19 of the Report, and substitute the following:

""growers, sportsmen or outfitters, SPORTSMEN OR SPORTSWOMEN, wildlife organizations, and boards of county commissioners. ~~Three~~ TWO members of the commission shall be appointed from the public at large. WITH THE EXCEPTION OF".

Page 2 of the Report, line 1, strike "OR"." and substitute "OR";";

strike lines 2 through 4 of the Report, and substitute the following:

"line 23, after "the", insert "VOTING";

line 26, strike "quorum." and substitute "quorum; AND SUCH MAJORITY OF THE VOTING COMMISSION MEMBERSHIP SHALL BE PHYSICALLY PRESENT AT THE MEETING OR WORKSHOP AT WHICH SUCH ACTION IS TAKEN.".

Page 4, strike lines 12 through 26, and substitute the following:

"(10) FOR PURPOSES OF THIS SECTION ONLY:

(a) "SPORTSMAN" OR "SPORTSWOMAN" MEANS ANY HUNTER OR ANGLER WHO HAS PURCHASED OR APPLIED FOR A HUNTING OR FISHING LICENSE FOR EACH OF THE PREVIOUS THREE YEARS AND WHO CAN DEMONSTRATE A REASONABLE KNOWLEDGE OF WILDLIFE ISSUES, WILDLIFE HABITAT, WILDLIFE MANAGEMENT, AND THE COMMISSION'S DUTIES, PROCEDURES, POLICIES, AUTHORITY, AND PAST DECISIONS.

(b) "WILDLIFE ORGANIZATION" MEANS A NONPROFIT ORGANIZATION, ASSOCIATION, OR CORPORATION REGISTERED WITH THE SECRETARY OF STATE'S OFFICE THAT:

(I) HAS ARTICLES OF INCORPORATION, BYLAWS, AND THE FIDUCIARY RESPONSIBILITIES OF OFFICERS AND MEMBERS OF THE BOARD OF DIRECTORS THAT ARE DESIGNED FOR OR RELATED TO THE SPECIFIC PURPOSE OF PROTECTING, ADVERTISING, OR ADVANCING THE CONCERNS OF ITS INDIVIDUAL MEMBERSHIP;

(II) SUPPORTS AND PROMOTES THE CONSERVATION AND ENHANCEMENT OF COLORADO'S WILDLIFE AND ITS HABITAT;

(III) RECOGNIZES AND PROMOTES PRIMARILY NONCONSUMPTIVE WILDLIFE USE;

(IV) HAS EXPERTISE IN WILDLIFE ISSUES, WILDLIFE HABITAT, OR WILDLIFE MANAGEMENT.".

Page 5, strike lines 1 through 7.".

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

HB99-1051 by Representatives George, Gordon, Gotlieb, Larson, Leyba, Morrison, Williams S.; also Senators Dyer, Lacy, Rupert--Concerning the regulation of the practice of naturopathy.

Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated January 18, 1999, and placed in member's bill file; Report also printed in House Journal, January 20, pages 159-160.

Amendment No. 2, Appropriations Report, dated April 7, 1999, and placed in member's bill file; Report also printed in House Journal, April 8, pages 1085-1086.

Amendment No. 3, by Representative Berry.

Amend printed bill, page 6, line 2, strike "OR";

line 6, strike "SECTION." and substitute "SECTION; OR

(d) ACTIVITIES OF PERSONS NOT ELIGIBLE FOR REGISTRATION UNDER THIS ARTICLE SO LONG AS THEY DO NOT REFER TO THEMSELVES USING THE TERMS IN SECTION 1237.3105 AND SUCH ACTIVITIES AS OTHERWISE ALLOWED OR NOT PROHIBITED BY LAW.".

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

_______________

AMENDMENT TO THE COMMITTEE OF THE WHOLE REPORT

Representative Grossman moved to amend the Report of the Committee of the Whole to show that SB99205 did not pass.

The amendment was declared lost by the following roll call vote:

YES 23 NO 42 EXCUSED 0 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 Y
Grossman Y
Hagedorn N

Hefley N
Hoppe N
Johnson N
Kaufman N
Keller Y
Kester N
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N

Miller N
Mitchell N
Morrison N
Nuñez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith N
Spence N
Spradley N
Stengel N
Swenson N

Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop N
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams, S. Y
Williams, T. N
Windels Y
Witwer N
Young N
Zimmerman Y

Mr. Speaker N

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: SB99-205, HB99-1195 amended, 1313 amended, 1051 amended.

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was adopted.

YES 65 NO 0 EXCUSED 0 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 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

_______________

INTRODUCTION AND CONSIDERATION OF RESOLUTIONS

The following resolutions were read by title and given immediate consideration:

SJR99-024 by Senator Powers; also Representative George--Concerning a change in the deadline for passage in the house of introduction of bills referred to appropriations committee.

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

On motion of Representative Dean, the resolution was adopted by viva voce vote.

_________

SJR99-028 by Senator Blickensderfer; also Representative Dean--Concerning a change in the deadline for adoption of the conference committee report on the long appropriation bill.

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

On motion of Representative George, the resolution was adopted by viva voce vote.

______________

CONSIDERATION OF CONFERENCE COMMITTEE REPORT

HB99-1063 by Representative Dean; also Senators Tebedo, Feeley--Concerning termination upon remarriage of benefits paid under the statewide death and disability plan to a surviving spouse of a fire and police pension association member who dies while in active service.

(Conference Committee Report printed in House Journal, April 6, page 1063.)

The Conference Committee Report was adopted by the following roll call vote:

The question being "Shall the bill, as amended, pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill, as amended, was declared repassed.

YES 65 NO 0 EXCUSED 0 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 YGrossman 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 Y
Taylor Y
Tochtrop Y
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster Y
Williams, S. Y
Williams, T. Y
Windels Y
Witwer Y
Young Y
Zimmerman Y

Mr. Speaker Y

_______________

CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS

HB99-1056 by Representatives Berry, Dean, Zimmerman; also Senator Phillips--Concerning the emergency response to hazardous substance incidents, and making an appropriation therefor.

(Amended as printed in Senate Journal, March 31, page 644.)

Representative Berry moved that the House concur in Senate amend-ments. The motion was declared passed by the following roll call vote:

The question being, "Shall the bill, as amended, pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative, and the bill, as amended, was declared repassed.

YES 65 NO 0 EXCUSED 0 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 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

HB99-1127 by Representative Gotlieb; also Senator Powers--Concerning authorization for the acceptance by governmental entities of additional forms of payment.

(Amended as printed in Senate Journal, March 29, pages 602-604 and on Third Reading as printed in Senate Journal April 1.)

Representative Gotlieb moved that the House concur in Senate amend-ments. The motion was declared passed by the following roll call vote:

The question being, "Shall the bill, as amended, pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative, and the bill, as amended, was declared repassed.

YES 65 NO 0 EXCUSED 0 ABSENT 0

Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean YDecker 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 Y
Taylor Y
Tochtrop Y
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster Y
Williams, S. Y
Williams, T. Y
Windels Y
Witwer Y
Young Y
Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Mace, Tapia, Zimmerman.

On motion of Representative Dean, consideration of Senate amendments to HB99-1159, 1204, 1234, 1253, 1268, 1288, 1108, 1171, 1175, 1218, 1239, 1294 was laid over until April 12, retaining place on Calendar.

_______________

RECALL OF HB99-1188 FROM GOVERNOR

Representative Dean moved for recall of HB99-1188 for purpose of reconsideration. The motion passed by unanimous consent. The bill was ordered recalled.

________________

RECONSIDERATION OF HB99-1188

HB99-1188 by Representative Coleman; also Senator Linkhart--Concerning procedures related to adoption.

(Amended as printed in Senate Journal, March 12, pages 479-480.)

Representative Dean moved to suspend Rule 35(a) for reconsideration of the last House action on HB99-1188 (repassage). As shown by the following recorded vote, a two thirds majority of those elected voted in the affirmative the motion was declared passed:

Representative Gordon moved for reconsideration of repassage of HB991188. As shown by the following recorded vote, a two thirds majority of those elected voted in the affirmative the motion was declared passed:

YES 61 NO 4 EXCUSED 0 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 N
McKay Y
McPherson Y

Miller Y
Mitchell Y
Morrison Y
Nuñez N
Paschall Y
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith Y
Spence N
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

Representative Dean moved for reconsideration of House concurrence in Senate amendments to HB99-1188. As shown by the following recorded vote, a two thirds majority of those elected voted in the affirmative the motion was declared passed:

_______________

NOTICE OF CHANGE IN HOUSE CONFEREES

The Speaker announced that Representative Fairbank replaced Representative Mitchell as a House conferee to the First Conference Committee on HB99-1017.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until April 12, retaining place on Calendar:

Consideration of General Orders--HCR99-1001, HB99-1194, 1129, SB99-161, 039, 022, 004, HB99-1095, 1245, SB99-216, HB99-1356, 1337.

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

_______________

House in recess. House reconvened.

_______________

REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

HB99-1355 be referred to the Committee of the Whole with favorable recommendation.

HB99-1358 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 3, line 10, after "SIXTY", insert "OR MORE".

Page 5, line 11, strike "THREE CALENDAR YEARS" and substitute "THIRTY-SIX MONTHS";

strike line 17, and substitute the following:

"COMMISSION; EXCEPT THAT NO SALES AGENT THAT IS A PARIMUTUEL LICENSEE SHALL OPERATE A VIDEO LOTTERY TERMINAL EXCEPT DURING THE PERIOD BEGINNING ONE HOUR BEFORE AND ENDING ONE HOUR AFTER THE PERIOD IN ANY DAY DURING WHICH PARIMUTUEL WAGERING IS BEING CONDUCTED AT SUCH LICENSEE'S LICENSED PREMISES.".

HJR99-1018 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed resolution, page 2, line 10, strike the second "one" and substitute "two";

strike lines 11 through 13 and substitute the following:

"representatives from locally interested citizens groups that represent landowner, mineral owner, and environmental interests such as the San Juan Citizen's Alliance and the Western Colorado Congress, and one representative each from the Colorado Oil and Gas Association and the Rocky Mountain Oil and Gas Association, or its successor organization. The interim";

line 38, strike "recommendations" and substitute "recommended legislative changes".

HJR99-1019 be amended as follows, and as so amended, be referred out for final action:

Amend printed resolution, page 1, after line 23, insert the following:

"WHEREAS, These expenditures shall be used for activities that are conducted in voluntary cooperation with landowners; and".

Page 2, line 22, strike "Fund:" and substitute "Fund for the Executive Director of the Department of Natural Resources, in cooperation with the Commissioner of Agriculture, to retain an independent biologist for the purpose of assessing the appropriateness of listing the prairie dog and mountain plover as threatened and endangered species under federal law, the amount of:".

HJR99-1020 be amended as follows, and as so amended, be referred out for final action:

Amend printed resolution, page 2, strike line 19 and substitute the following:

"designation and also severely inhibits the ability to conduct grazing activities on public lands; and".

HJR99-1023 be referred out for final action.

APPROPRIATIONS

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

HB99-1018 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, strike lines 19 through 22 and substitute the following:

"(a.5) (I) PRENATAL CARE SHALL BE PROVIDED TO A PREGNANT WOMAN WHO WOULD BE ELIGIBLE BASED ON INCOME TO HAVE HER LABOR AND DELIVERY COVERED AS EMERGENCY MEDICAL ASSISTANCE AS DESCRIBED IN PARAGRAPH (c) OF THIS SUBSECTION (3).

(II) THIS PARAGRAPH (a.5) IS REPEALED, EFFECTIVE JULY 1, 2002.";

line 23, after "(b)", insert "(I)";

after line 26, insert the following:

"(II) (A) THE MEDICAL SERVICES BOARD SHALL ADOPT RULES SPECIFYING THE REQUIREMENTS FOR MANAGED CARE ORGANIZATIONS TO PROVIDE EMERGENCY MEDICAL ASSISTANCE AND PRENATAL CARE TO PREGNANT WOMEN AS DESCRIBED IN PARAGRAPH (c) OF THIS SUBSECTION (3).

(B) THIS SUBPARAGRAPH (II) IS REPEALED, EFFECTIVE JULY 1, 2002.

(c) (I) THE STATE DEPARTMENT SHALL CONTRACT WITH ONE MANAGED CARE ORGANIZATION FOR EACH GEOGRAPHIC AREA IN THE STATE DESIGNATED BY THE STATE DEPARTMENT TO BE SELECTED THROUGH A REQUEST FOR PROPOSAL PROCESS TO PROVIDE PRENATAL CARE TO PREGNANT WOMEN WHO ARE ELIGIBLE UNDER PARAGRAPH (a) FOR LABOR AND DELIVERY SERVICES AS EMERGENCY MEDICAL ASSISTANCE. A PREGNANT WOMAN ELIGIBLE FOR EMERGENCY MEDICAL ASSISTANCE WILL AUTOMATICALLY BE ENROLLED IN THE MANAGED CARE ORGANIZATION SERVING THE GEOGRAPHIC AREA IN WHICH THE PREGNANT WOMAN LIVES, IF THERE IS A MANAGED CARE ORGANIZATION THAT HAS CONTRACTED WITH THE STATE DEPARTMENT TO PROVIDE PRENATAL CARE IN THAT GEOGRAPHIC AREA. THE COSTS OF SUCH MEDICAL CARE SHALL BE ABSORBED BY THE STATE DEPARTMENT OUT OF EXISTING APPROPRIATIONS FOR EMERGENCY MEDICAL ASSISTANCE FOR LABOR AND DELIVERY. PRENATAL CARE FOR PREGNANT WOMEN ELIGIBLE FOR EMERGENCY MEDICAL SERVICES WILL ONLY BE AVAILABLE TO WOMEN LIVING IN THE GEOGRAPHIC AREAS FOR WHICH THE STATE DEPARTMENT HAS CONTRACTS WITH A MANAGED CARE ORGANIZATION. PREGNANT WOMEN LIVING IN GEOGRAPHIC AREAS IN WHICH THERE IS NO MANAGED CARE ORGANIZATION UNDER CONTRACT WITH THE STATE DEPARTMENT SHALL ONLY RECEIVE EMERGENCY MEDICAL ASSISTANCE. THE STATE DEPARTMENT SHALL REPORT ANNUALLY ON THE PRENATAL CARE PROGRAM, INCLUDING THE NUMBER OF MANAGED CARE ORGANIZATIONS CONTRACTING WITH THE STATE DEPARTMENT, THE NUMBER OF PREGNANT WOMEN SERVED BY THE PROGRAM, AND THE IMPACT OF THE PROGRAM ON IMPROVING PUBLIC HEALTH AND REDUCING NEONATAL COMPLICATIONS. SUCH REPORT SHALL BE SUBMITTED TO THE HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND TO THE JOINT BUDGET COMMITTEE.

(II) THIS PARAGRAPH (c) IS REPEALED, EFFECTIVE JULY 1, 2002.".

Page 3, strike lines 1 through 6 and substitute the following:

"SECTION 3. Appropriation. In addition to any other appropriation, there is hereby appropriated, to the department of health care policy and financing, for allocation to the executive director's office, for systems costs, for the fiscal year beginning July 1, 1999, the sum of fortyfive thousand six hundred dollars ($45,600), or so much thereof as may be necessary, for the implementation of this act. Of said sum, eleven thousand four hundred dollars ($11,400) shall be from the general fund, and thirtyfour thousand two hundred dollars ($34,200) shall be from federal funds anticipated to be received by the department.

SECTION 4. Appropriation adjustment in 1999 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 health care policy and financing, for the fiscal year beginning July 1, 1999, the sum of eleven thousand four hundred dollars ($11,400), 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, 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 eleven thousand four hundred dollars ($11,400).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by eleven thousand four hundred dollars ($11,400).".

Renumber succeeding section accordingly.

HB99-1116 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 February 3, 1999, page 2, line 4, after "CHILDREN.", insert "THE GENERAL ASSEMBLY FINDS THAT, ALTHOUGH THE MENTAL HEALTH AGENCIES ARE RESPONSIBLE FOR PROVIDING THE FULL RANGE OF MENTAL HEALTH TREATMENT SERVICES, INCLUDING RESIDENTIAL CARE, FOR THOSE CHILDREN WHO HAVE BEEN FOUND TO BE CATEGORICALLY ELIGIBLE FOR MEDICAID, THERE REMAINS A POPULATION OF CHILDREN IN NEED OF SUCH SERVICES WHO ARE NOT CATEGORICALLY ELIGIBLE FOR MEDICAID.";

line 7, strike "ELIGIBLE CHILDREN WHO ARE MENTALLY ILL" and substitute "SUCH CHILDREN WHO ARE MENTALLY ILL AND WHO ARE FOUND TO BE ELIGIBLE UNDER A MEDICAID FEE FOR SERVICE PROGRAM";

line 14, after "(7),", insert "AND WHO, ALTHOUGH NOT OTHERWISE CATEGORICALLY ELIGIBLE FOR MEDICAID, IS DETERMINED TO BE MEDICAIDELIGIBLE BECAUSE OF THE CHILD'S NEED FOR MENTAL HEALTH SERVICES".

Page 3, line 9, after "(1)", insert "(a)";

line 10, strike "IS" and substitute "TO BE A CHILD";

line 17, strike "ANY DENIAL OF";

strike lines 18 and 19, and substitute the following:

"SUBJECT TO AVAILABLE STATE APPROPRIATIONS, THE";

after line 24, insert the following:

"(b) AT THE TIME OF THE ASSESSMENT BY THE MENTAL HEALTH AGENCY, IF RESIDENTIAL SERVICES ARE DENIED, THE MENTAL HEALTH AGENCY SHALL ADVISE THE FAMILY, BOTH ORALLY AND IN WRITING, OF THE APPEAL PROCESS AVAILABLE TO THEM. THE MENTAL HEALTH AGENCY SHALL HAVE TWO WORKING DAYS WITHIN WHICH TO COMPLETE ANY INTERNAL APPEAL PROCESS SHOULD THE MENTAL HEALTH AGENCY DENY REQUESTED RESIDENTIAL SERVICES. WITHIN FIVE WORKING DAYS AFTER THE MENTAL HEALTH AGENCY'S FINAL DENIAL, A PARENT OR GUARDIAN MAY REQUEST AN OBJECTIVE THIRD PARTY AT THE STATE DEPARTMENT WHO IS A PROFESSIONAL PERSON, AS THAT TERM IS DEFINED IN SECTION 2710102 (11) TO REVIEW THE ACTION OF THE MENTAL HEALTH AGENCY. SUCH REVIEW SHALL OCCUR WITHIN THREE WORKING DAYS OF THE PARENT'S OR GUARDIAN'S REQUEST. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DECISION OF THE OBJECTIVE THIRD PARTY AT THE STATE DEPARTMENT SHALL BE DEEMED FINAL AGENCY ACTION.".

Page 4, line 26, strike "(a)".

Page 5, line 4, strike the second "THE" and substitute "A";

strike lines 5 through 17 and substitute the following:

"(2) IF NEITHER THE FAMILY'S PRIVATE INSURANCE NOR FEDERAL MEDICAID FUNDING COVER ALL OF THE COSTS ASSOCIATED WITH THE SERVICES PROVIDED TO A CHILD AT RISK OF OUTOFHOME PLACEMENT PURSUANT TO THIS ARTICLE, THEN THE FAMILY SHALL BE RESPONSIBLE FOR PAYING THAT PORTION THAT IS NOT COVERED BY PRIVATE INSURANCE OR FEDERAL MEDICAID FUNDING ON A SLIDING SCALE BASIS AS SET FORTH IN SUBSECTION (3) OF THIS SECTION. ANY REMAINING PORTION OF THE SERVICES NOT COVERED BY PRIVATE INSURANCE, FEDERAL MEDICAID FUNDING, OR THE FAMILY'S SHARE, SHALL BE PAID FOR FROM GENERAL FUND MONEYS, SUBJECT TO AVAILABLE APPROPRIATIONS.

(3) THE STATE BOARD OF HUMAN SERVICES, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING, SHALL PROMULGATE RULES IMPLEMENTING A SLIDING SCALE FOR THE PAYMENT OF SERVICES, INCLUDING MENTAL HEALTH TREATMENT AND ROOM AND BOARD, THAT ARE NOT COVERED BY PRIVATE INSURANCE OR FEDERAL MEDICAID FUNDING. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE PORTION OF SUCH EXPENSES PAID FROM GENERAL FUND MONEYS SHALL NOT EXCEED THE GENERAL FUND APPROPRIATIONS MADE FOR SUCH PURPOSE IN ANY GIVEN FISCAL YEAR. IT IS THE FURTHER INTENT OF THE GENERAL ASSEMBLY THAT SUBSIDIES PROVIDED BY THE STATE THROUGH GENERAL FUND MONEYS SHALL BE USED TO ASSIST THE LOWEST INCOME FAMILIES.".

Page 7, line 10, strike "FUNDING." and substitute "FUNDING THAT FLOWS THROUGH THE MENTAL HEALTH AGENCIES UNDER A FEE FOR SERVICE PROGRAM.".

Page 8, strike lines 3 through 19, and substitute the following:

"SECTION 5. Appropriation - adjustment in 1999 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 human services, for the fiscal year beginning July 1, 1999, the sum of two hundred twenty-six thousand five hundred forty-five dollars ($226,545), 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, 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 two hundred twenty-six thousand five hundred forty-five dollars ($226,545).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by two hundred twenty-six thousand five hundred forty-five dollars ($226,545).".

HB99-1170 be postponed indefinitely.

HB99-1223 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Finance Committee Report, dated March 24, 1999, page 2, strike lines 3 through 15 and substitute the following:

""SECTION 3. Appropriation. In addition to any other appropriation, there is hereby appropriated, to the department of public safety, Colorado bureau of investigation, for the crime information center, for the fiscal year beginning July 1, 1999, the sum of twenty-one thousand one hundred twelve dollars ($21,112) and 0.1 FTE, 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 human services.".".

HB99-1224 be postponed indefinitely.

HB99-1257 be postponed indefinitely.

HB99-1323 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Finance Committee Report, dated March 3, 1999, page 1, after line 2, insert the following:

"Page 3, line 10, strike "(a)";

strike lines 17 through 23, and substitute the following:

"REFUNDED.";

line 24, strike "(a)".

Page 4, strike lines 6 through 18, and substitute the following:

"REFUNDED.".";

line 3, strike "Page 4,";

strike lines 4 through 11, and substitute the following:

""SECTION 3. Appropriation - adjustment in 1999 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, 1999, the sum of seven thousand seven hundred five dollars ($7,705), 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, 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 seven thousand seven hundred five dollars ($7,705).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by seven thousand seven hundred five dollars ($7,705).".".

HB99-1328 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 17, strike lines 16 and 17 and substitute the following:

"(II) THE REVENUE ESTIMATE PREPARED BY THE STAFF OF THE LEGISLATIVE COUNCIL INDICATES THAT THE AGGREGATE AMOUNT OF STATE REVENUES WILL EXCEED THE LIMITATION ON STATE FISCAL".

Page 18, strike lines 20 through 22 and substitute the following:

"1998, THE REVENUE ESTIMATE PREPARED BY THE STAFF OF LEGISLATIVE COUNCIL IN JUNE OF THE CALENDAR YEAR IN WHICH THAT FISCAL YEAR ENDED INDICATES THAT THE AGGREGATE AMOUNT OF STATE REVENUES WILL EXCEED THE LIMITATION ON STATE FISCAL YEAR".

Page 19, strike line 3 and substitute the following:

"(I) IF SUCH ESTIMATE IS MADE IN JUNE OF THE";

strike line 9 and substitute the following:

"HELD PRIOR TO ANY SUCH ESTIMATE FOR THE PERIOD FROM JULY";

line 21, strike "OCTOBER" and substitute "JULY";

strike lines 25 and 26.

Page 20, strike lines 1 and 2.

Page 21, strike lines 7 through 11 and substitute the following:

"(1) FOR ANY FISCAL YEAR COMMENCING ON OR AFTER JULY 1, 1998, IF THE REVENUE ESTIMATE PREPARED BY THE STAFF OF THE LEGISLATIVE COUNCIL IN JUNE OF THE CALENDAR YEAR IN WHICH THAT FISCAL YEAR ENDS INDICATES THAT THE AGGREGATE AMOUNT OF STATE REVENUES WILL EXCEED THE LIMITATION ON STATE FISCAL";

line 21, strike "CERTIFICATION" and substitute "REVENUE ESTIMATE";

line 22, strike "BY SEPTEMBER 1" and substitute "IN JUNE".

Page 22, line 1, strike "OF" and substitute "COMMENCING ON";

line 7, strike "BY SEPTEMBER 1" and substitute "IN JUNE";

line 13, strike "OF OCTOBER 1" and substitute "COMMENCING JULY 1".

Page 24, strike lines 12 through 19.

Renumber succeeding section accordingly.

Page 1, strike lines 103 and 104 and substitute the following:

"GROWTHIMPACTED LOCAL GOVERNMENTAL ENTITIES.".

HB99-1331 be postponed indefinitely.

HB99-1333 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 5, line 25, strike "SUCH MONEYS SHALL BE TRANSFERRED TO THE FUND, AND" and substitute "SUCH MONEYS SHALL REVERT TO THE GENERAL FUND, UP TO THE AMOUNT APPROPRIATED FROM THE GENERAL FUND BY THE GENERAL ASSEMBLY. ANY SUCH MONEYS IN EXCESS OF THE AMOUNT APPROPRIATED FROM THE GENERAL FUND BY THE GENERAL ASSEMBLY SHALL BE TRANSFERRED TO THE FUND, AND NOT REVERT TO THE GENERAL FUND.";

line 26, strike "SUCH MONEYS SHALL NOT REVERT TO THE GENERAL FUND.".

Page 7, line 19, strike "by" and substitute "in subsection (1) of";

after line 20, insert the following:

"(4) In addition to any other appropriation, there is hereby appropriated, to the department of revenue, for the fiscal year beginning July 1, 1999, the sum of sixty-one thousand two hundred dollars ($61,200), or so much thereof as may be necessary, for the implementation of this act. Said sum shall be from the western slope veterans' cemetery fund created pursuant to section 26-10-110, Colorado Revised Statutes.".

HB99-1335 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Finance Committee Report, dated March 17, 1999, page 1, after line 7, insert the following:

"Page 1, line 107, strike "PURPOSES, AND MAKING AN" and substitute "PURPOSES.";

strike line 108.".

HB99-1339 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Finance Committee Report, dated March 24, 1999, page 1, strike lines 2 through 8, and substitute the following:

""SECTION 3. 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 purposes of this act.";"

strike lines 10 and 11.

HB99-1354 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 6, strike "by _____dollars ($_____)." and substitute "by one hundred thirty-four thousand dollars ($134,000).";

line 8, strike "by ____" and substitute "by one hundred thirty-four thousand";

line 9, strike "dollars ($_____)." and substitute "dollars ($134,000).".

BUSINESS AFFAIRS AND LABOR

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

HB99-1349 be referred to the Committee of the Whole with favorable recommendation.

JUDICIARY

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

HB99-1329 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 1, strike everything below the enacting clause and substitute the following:

"SECTION 1. 127101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

127101. Definitions. As used in this article, unless the context otherwise requires:

(6) "PROFESSIONAL CASH BAIL AGENT" MEANS A PERSON WHO IS AN AUTHORIZED BAIL BOND AGENT WHO FURNISHES BAIL FOR COMPENSATION IN ANY COURT OR COURTS IN THIS STATE IN CONNECTION WITH JUDICIAL PROCEEDINGS AND WHO IS NOT A FULLTIME SALARIED OFFICER OR EMPLOYEE OF AN INSURER NOR A PERSON WHO PLEDGES UNITED STATES CURRENCY, A UNITED STATES POSTAL MONEY ORDER, A CASHIER'S CHECK, OR OTHER PROPERTY IN CONNECTION WITH A JUDICIAL PROCEEDING, WHETHER FOR COMPENSATION OR OTHERWISE.

SECTION 2. 127102 (1), Colorado Revised Statutes, is amended to read:

127102. License required qualifications enforcement. (1) No person can qualify to be a bail bonding agent unless such person is a licensed insurance producer appointed to represent an insurance company OR IS A LICENSED, PROFESSIONAL CASH BAIL AGENT under article 2 of title 10, C.R.S. However, any bail bonding agent who was licensed by the division as of January 1, 1992, to write bail bonds as a cash bonding agent shall be permitted to continue such licensure upon compliance with the other requirements of this article.

SECTION 3. 127102.5, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:

127102.5. Prelicensure education requirements exemptions. (6) AS A CONDITION OF INITIAL LICENSURE AND QUALIFICATION AS A PROFESSIONAL CASH BAIL AGENT, THE COMMISSIONER SHALL REQUIRE EACH APPLICANT TO SUBMIT EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED PRELICENSURE EDUCATION OR TRAINING COURSE. SUCH EDUCATION OR TRAINING SHALL CONSIST OF NOT LESS THAN EIGHT CLOCK HOURS REGARDING BAIL BONDING, TWO OF WHICH SHALL CONCERN THE CRIMINAL COURT SYSTEM, TWO OF WHICH SHALL CONCERN BAIL BOND INDUSTRY ETHICS, AND FOUR OF WHICH SHALL CONCERN THE LAWS RELATING TO BAIL BONDS.

(7) THE PROFESSIONAL CASH BONDING AGENT SHALL BE LICENSED AS A BAIL BONDING AGENT IN COLORADO FOR FOUR YEARS PRIOR TO APPLYING FOR LICENSURE AS A PROFESSIONAL CASH BAIL AGENT.

(8) THE DIVISION SHALL PROMULGATE RULES NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.

SECTION 4. 127103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

127103. License requirements application qualification bond forfeiture. (8) (a) EACH APPLICANT WHO IS TO BE AUTHORIZED AS A PROFESSIONAL CASH BAIL AGENT PURSUANT TO SECTION 127102 (1) SHALL BE REQUIRED TO POST A QUALIFICATION BOND IN THE AMOUNT OF NO LESS THAN FIFTY THOUSAND DOLLARS WITH THE DIVISION. THE BOND SHALL BE TO THE PEOPLE OF THE STATE OF COLORADO IN FAVOR OF ANY COURT IN THIS STATE, WHETHER MUNICIPAL, COUNTY, DISTRICT, OR OTHER COURT. ANY QUALIFICATION BOND FOR A PROFESSIONAL CASH BAIL AGENT SHALL ALSO BE TO THE COMMISSIONER AND THE DIVISION TO FULFILL THE PURPOSES OF THIS SECTION. A PROFESSIONAL CASH BAIL AGENT SHALL NOT FURNISH A SINGLE BAIL GREATER THAN TWICE THE AMOUNT OF THE BOND POSTED WITH THE DIVISION. IN THE EVENT OF A FORFEITURE OF A PROFESSIONAL CASH BAIL AGENT'S QUALIFICATION BOND, THE DIVISION SHALL HAVE PRIORITY OVER ALL OTHER CLAIMANTS TO SUCH BOND. SUCH BOND SHALL BE CONDITIONED UPON FULL AND PROMPT PAYMENT INTO THE COURT ORDERING SUCH BOND FORFEITED. BAIL BONDING AGENTS AUTHORIZED AS PROFESSIONAL CASH BAIL AGENTS PURSUANT TO SECTION 127102 (1) MAY ONLY ISSUE BONDS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 164104 (1) (b) (III), C.R.S. IN THE EVENT OF A QUALIFICATION BOND FORFEITURE, A PROFESSIONAL CASH BAIL AGENT SHALL BE PROHIBITED FROM WRITING NEW BAIL BONDS UNTIL THE QUALIFICATION BOND IS RESTORED TO AT LEAST FIFTY THOUSAND DOLLARS.

(b) IF THE NAME OF A PROFESSIONAL CASH BAIL AGENT IS PLACED ON THE BOARD PURSUANT TO SECTION 164112 (5) (e), C.R.S., AND REMAINS ON THE BOARD FOR THE SAME FORFEITURE FOR MORE THAN THIRTY CONSECUTIVE DAYS, THE COURT THAT PLACED THE NAME OF THE PROFESSIONAL CASH BONDING AGENT ON THE BOARD SHALL ORDER THE DIVISION TO DECLARE THE QUALIFICATION BOND OF SUCH PROFESSIONAL CASH BAIL AGENT TO BE FORFEITED AFTER A HEARING AS PROVIDED IN SECTION 127106 (2). THE DIVISION SHALL THEN ORDER THE PROFESSIONAL CASH BAIL AGENT ON THE QUALIFICATION BOND TO DEPOSIT WITH THE COURT AN AMOUNT EQUAL TO THE AMOUNT OF THE BOND ISSUED BY SUCH PROFESSIONAL CASH BAIL AGENT AND DECLARED FORFEITED BY THE COURT OR THE AMOUNT OF THE QUALIFICATION BOND, WHICHEVER IS THE SMALLER AMOUNT. THE DIVISION SHALL SUSPEND THE LICENSE OF SUCH PROFESSIONAL CASH BAIL AGENT UNTIL SUCH TIME AS ALL FORFEITURES AND JUDGMENTS ORDERED AND ENTERED AGAINST THE PROFESSIONAL CASH BAIL AGENT HAVE BEEN CERTIFIED AS PAID OR VACATED BY ORDER OF A COURT OF RECORD AND ANOTHER QUALIFICATION BOND IN THE REQUIRED AMOUNT IS POSTED WITH THE DIVISION.

SECTION 5. 127106 (1) (a), Colorado Revised Statutes, is amended, and the said 127106 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

127106. Denial, suspension, revocation, and refusal to renew license hearing alternative civil penalty. (1) The division shall deny, suspend, revoke, or refuse to renew, as may be appropriate, the license of any person engaged in the business of bail bonding agent for any of the following reasons:

(a) Failure of a cash bonding agent OR PROFESSIONAL CASH BAIL AGENT to post a qualified bond in the required amount with the division during the period such person is engaged in the business within this state or, if such bond has been posted, the forfeiture or cancellation of such bond;

(k) IF A PROFESSIONAL CASH BAIL AGENT FURNISHES A SINGLE BAIL IN ANY COURT IN THIS STATE IN AN AMOUNT GREATER THAN TWICE THE AMOUNT OF THE PROFESSIONAL CASH BAIL AGENT'S BOND POSTED WITH THE DIVISION.

SECTION 6. 102407 (1) (f), Colorado Revised Statutes, is amended to read:

102407. License lines of insurance authority. (1) An insurance producer may receive qualification for a single license to include one or more of the following lines:

(f) Bail ~~bonds~~ BONDING AGENT INCLUDING A SURETY AGENT, AS DEFINED IN SECTION 12-7-101 (1), C.R.S., A CASH BONDING AGENT, AS DEFINED IN SECTION 12-7-102 (1), C.R.S., AND A PROFESSIONAL CASH BAIL AGENT, AS DEFINED IN SECTION 12-7-101 (6), C.R.S.;

SECTION 7. Effective date applicability. This act shall take effect January 1, 2000, and shall apply to licenses for bail bonding issued, renewed, denied, suspended, revoked, or refused to be renewed on or after said date.

SECTION 8. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

Page 1, line 102, strike "REQUIRING BAIL BONDING AGENTS FOR";

line 103, strike "SURETY COMPANIES TO POST A BOND AND".

HB99-1341 be postponed indefinitely.

HB99-1353 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 11, insert the following:

"(e) "SENDING STATE" SHALL HAVE THE SAME MEANING AS IN THE INTERSTATE COMPACT.".

Reletter succeeding paragraph accordingly.

Page 3, after line 24, insert the following:

"(3) (a) IN ORDER TO ENSURE UNIFORMITY AND CONSISTENCY, THE SENDING STATE SHALL BE IN COMPLIANCE WITH 24-60-303 (1), C.R.S., OR THE COMMISSIONER SHALL REJECT THE PLACEMENT OF THE SUPERVISED PERSON PURSUANT TO SUBSECTION (7) OF THIS SECTION.

(b) A SENDING STATE SHALL NOT PERMIT OR ENCOURAGE TRAVEL OF A SUPERVISED PERSON TO THE STATE OF COLORADO WITHOUT WRITTEN NOTIFICATION FROM THE COMMISSIONER OF ACCEPTANCE OF THE SUPERVISED PERSON INTO A PRIVATE TREATMENT PROGRAM.

(c) ANY REQUEST FOR PLACEMENT IN A PRIVATE TREATMENT PROGRAM FROM A SENDING STATE SHALL CONTAIN WRITTEN JUSTIFICATION AS TO WHY TREATMENT IN THE STATE OF COLORADO IS PREFERABLE OR MORE BENEFICIAL THAN TREATMENT IN THE SENDING STATE.".

Renumber succeeding subsections accordingly.

Page 5, line 3, strike "(4)" and substitute "(5)";

line 7, strike "(4)" and substitute "(5)".

Page 6, after line 17, insert the following:

"SECTION 2. 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 corrections, for the fiscal year beginning July 1, 1999, the sum of twenty-eight thousand five hundred thirty dollars ($28,530) and 1.0 FTE, or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding sections accordingly.

Page 1, line 102, strike "STATE." and substitute "STATE, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

HB99-1360 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 13, line 9, strike "stirpes" and substitute "STIRPES".

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on HB99-1160

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99-1160, concerning the canvass of elections, has met and reports that it has agreed upon the following:

That the House accede to the Senate amendment made to the bill, as said amendment appears in the rerevised bill, with the following changes:

Amend rerevised bill, page 15, line 13, strike "(1) A" and substitute "(1) (a) IF SENATE BILL 99-028 IS NOT ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY AND DOES NOT BECOME LAW, A";

line 17, strike "ONE-HALF OF ONE" and substitute "ONE";

after line 19, insert the following:

"(b) IF SENATE BILL 99-028 IS ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY AND BECOMES LAW, A RECOUNT OF ANY ELECTION CONTEST SHALL BE HELD IF THE DIFFERENCE BETWEEN THE HIGHEST NUMBER OF VOTES CAST IN THAT ELECTION CONTEST AND THE NEXT HIGHEST NUMBER OF VOTES CAST IN THAT ELECTION CONTEST IS LESS THAN OR EQUAL TO ONE-HALF OF ONE PERCENT OF THE HIGHEST VOTE CAST IN THAT ELECTION CONTEST. A RECOUNT SHALL OCCUR ONLY AFTER THE CANVASS BOARD CERTIFIES THE ORIGINAL VOTE COUNT.".

Respectfully submitted,

House Committee: Senate Committee:

Rob Fairbank Mark Hillman

Bob Hagedorn Jim Dyer

William Kaufman John Evans

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1070, 1163, 1283. 1304; SB99-014, 043, 068, 074, 090, 109, 114, 123, 141, 168, 174; SJR99-025.

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DELIVERY OF BILLS TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bills have been delivered to the Office of the Governor: HB99-1070, 1163, 1283, and 1304 at 2:15 p.m. on April 9, 1999.

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MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB991314.

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB99-217;

SB99-048, amended as printed in Senate Journal, April 8, page 710;

SB99-116, amended as printed in Senate Journal, April 8, page 710;

SB99-147, amended as printed in Senate Journal, April 8, page 710.

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The Senate voted to lay HB99-1189 on the table. The bill is returned herewith.

The Senate has adopted and transmits herewith: SJR99-26, amended as printed in Senate Journal, April 9.

The Senate has adopted and transmits herewith: SJR99-27.

The Senate has adopted the First Report of the First Conference Committee on HB99-1160, as printed in Senate Journal, April 6, pages 701-702, and repassed the bill as amended. The bill is returned herewith.

The Senate granted permission to members of the First Conference Committee on HB99-1017 to consider matters not at issue between the two houses.

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MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB99-217; and, without comment, as amended, SB99-048, 116, and 147.

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INTRODUCTION OF BILLS

First Reading

The following bills were read by title and referred to the committees indicated:

HB99-1368 by Representatives Spradley, Kester, Larson, May, Tate; also Senator Anderson--Concerning the discipline of real estate licensees using incentives or disincentives to effect referrals to certain title insurance entities.

Committee on Business Affairs & Labor

HB99-1369 by Representatives Scott, Clapp, King, May, Mitchell, Nunez, Sinclair, Smith, Witwer, Dean, Gordon, Gotlieb, Kaufman, Kester, Mace, Paschall; also Senators Lacy, Congrove--Concerning the authority of the state treasurer to issue state pension obligation notes for purposes of paying in one lump sum the state's share of the unfunded liability of certain state-assisted firefighters' and police officers' old hire pension plans.

Committee on Local Government

HB99-1370 by Representative Larson; also Senator Arnold--Concerning information maintained by the division of motor vehicles.

Committee on Transportation & Energy

SB99-048 by Senator Blickensderfer; also Representative McPherson--Concerning the crime of motor vehicle theft.

Committee on Judiciary

SB99-061 by Senator Anderson; also Representative Kaufman--Concerning parole of persons sentenced to the department of corrections.

Committee on Judiciary

SB99-096 by Senator Rupert; also Representative Morrison--Concerning female genital mutilation, and making an appropriation in connection therewith.

Committee on Health, Environment, Welfare, & Institutions

SB99-116 by Senators Grampsas, Feeley; also Representatives Pfiffner, Windels, Witwer-Concerning an increase in the number of district judges in the first judicial district, and making an appropriation therefor.

Committee on Judiciary

Committee on Appropriations

SB99-147 by Senator Tanner; also Representative Tool--Concerning increases in travel benefits for service in court proceedings, and making an appropriation therefor.

Committee on Judiciary

Committee on Appropriations

SB99-210 by Senator Perlmutter; also Representative Witwer--Concerning acceptable proof of ability to pay a judgment for self-insurers.

Committee on Business Affairs & Labor

SB99-217 by Senator Anderson; also Representative Spradley--Concerning the authority of nonbank subsidiaries of bank holding companies to underwrite insurance in Colorado.

Committee on Business Affairs & Labor

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INTRODUCTION OF RESOLUTIONS

The following resolution was read by title and laid over one day under the rules:

HJR99-1027 by Representatives Morrison, Alexander, Berry, Chavez, Dean, Gordon, Gotlieb, Hagedorn, Kaufman, Keller, Lawrence, Lee, Leyba, McKay, Plant, Swenson, Tupa, T. Williams, Windels, Witwer, Zimmerman--Concerning the declaration of Holocaust awareness week.

WHEREAS, Throughout history the people of the world have endured war, hatred, genocide, and other atrocities; and

WHEREAS, The conflict in Europe in World War II came about by the influence of one bigoted individual and the willingness of the majority of his nation to accept his views; and

WHEREAS, Numerous people of the world endured pain, suffering, persecution, and death throughout the Second World War; and

WHEREAS, George Washington once wrote as a founding principle of our nation that the government of the United States ". . . gives to bigotry no sanction, to persecution no assistance . . . "; and

WHEREAS, The racist Nazi Party dehumanized, harassed, pillaged, raped, and murdered the Jewish people; and

WHEREAS, The Nazis slaughtered Jews by the thousands in gas chambers using Zyklon B, a pesticide, or by other means such as shooting machine guns into a crowd of people; and

WHEREAS, Thousands of Holocaust victims were subjected to unthinkable, inhumanly cruel medical experiments and tests; and

WHEREAS, At the hands of the Nazi executioners, 6 million Jews and 5 million other people lost their lives and became martyrs because of their identities; and

WHEREAS, It is important to recognize these events as an important part of world history and to teach them throughout the generations; and

WHEREAS, It is our duty to hold memories of the Holocaust victims and survivors in our minds and our hearts as more and more of the survivors pass on to a better place; and

WHEREAS, History threatens to forget the Holocaust and all it has to teach about human nature and cruelty and creates the immense fear that history could repeat itself; and

WHEREAS, The foundation of this country, which we all hold so dear, is one that protects the rights of individuals and their identities; now, therefore,

Be It Resolved by the House of Representatives of the Sixtysecond General Assembly of the State of Colorado, the Senate concurring herein:

That the state of Colorado shall do everything in its power to commemorate the memories of those who lost their lives in the Holocaust.

Be It Further Resolved, That this state shall strive in every possible manner to promote Holocaust awareness and the teaching of the history of the Holocaust.

Be It Further Resolved, That the state of Colorado shall do anything and everything within its power to end persecutions based on race, religion, and ethnicity.

Be It Further Resolved, That April 13 be recognized as Yom Hoshoah, Holocaust Remembrance Day and April 1117 be recognized as Holocaust Awareness Week throughout the state of Colorado.

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

HJR99-1028 by Representatives Zimmerman, Scott, Veiga, Miller, Pfiffner, Tupa--Concerning an interim study of government tax incentives for economic development.

Committee on Local Government.

WHEREAS, The general assembly recognizes that tax incentives and public subsidies are now used to attract new development to the state and to encourage land development in particular areas; and

WHEREAS, The shortterm benefit of such development may not exceed the longterm public costs of subsidizing such development; and

WHEREAS, The state government is often in the position of paying the unanticipated longterm public costs of development; now, therefore,

Be It Resolved by the House of Representatives of the Sixtysecond General Assembly of the State of Colorado, the Senate concurring herein:

(1) That there shall be a committee to meet in the interim after the First Regular Session of the Sixtysecond General Assembly to study the tax incentives, subsidies, and rebates granted by the state government and by local governments for land development purposes. Such interim committee shall consist of six members of the General Assembly. Three of such members shall be from the House of Representatives, appointed by the Speaker of the House of Representatives, and three of such members shall be from the Senate, appointed by the President of the Senate. The committee shall perform the following duties:

(a) Review the tax incentives, subsidies, rebates, and other forms of preferential tax treatment or monetary incentives granted to businesses and individuals for the purpose of developing or encouraging the development of land;

(b) Review and discuss the fiscal impact of such development, including the estimated aggregate tax revenues generated by such development with and without such subsidies, the public costs associated with such development, and the secondary consequences that result from such development; and

(c) Review and recommend limits on tax incentives, subsidies, rebates, and other forms of preferential tax treatment or monetary incentives for such development that are consistent with the economic contributions of such development and with the public costs associated with such development.

(2) That, in conducting such study, the interim committee shall consult with counties, municipalities, special districts, school districts, taxpayer groups, businesses, appropriate local and state agencies, environmental groups, chambers of commerce, and interested members of the public and may hold public hearings in locations outside the Denver metropolitan area as deemed necessary for purposes of the study. The study shall not require additional staff for any state agency or any additional appropriation to any such state agency.

(3) That the Legislative Council shall report the findings and recommendations of the interim committee to the Second Regular Session of the Sixtysecond General Assembly.

(4) That all expenditures incurred in the conduct of the study enumerated in this resolution shall be approved by the chairperson of the Legislative Council and paid by vouchers and warrants drawn as provided by law from funds allocated to the Legislative Council from appropriations made by the General Assembly.

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

SJR99-012 by Senators Owen, Anderson, Arnold, Blickensderfer, Chlouber, Congrove, Epps, Evans, Hillman, Lacy, Lamborn, Musgrave, Powers, Sullivant, Tebedo, Teck, Wattenberg, Andrews, Dennis; also Representatives McElhany, Alexander, Allen, Berry, Clapp, Dean, Decker, Fairbank, George, Hefley, Hoppe, Johnson, Kaufman, Kester, King, Larson, Lawrence, Lee, May, McKay, McPherson, Mitchell, Morrison, Nuñez, Paschall, Pfiffner, Sinclair, Smith, Spence, Spradley, Stengel, Swenson, Taylor, Tool, Webster, T. Williams, Witwer, Young--Concerning the census bureau's use of statistical sampling for the decennial census in the year 2000.

Committee on State, Veterans and Military Affairs

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The following resolutions were read by title and laid over one day under the rules:

SJR99-026 by Senator Hillman; also Representative King--Concerning international freedom from persecution for religious beliefs.

SJR99-027 by Senators Owen, Andrews, Arnold, Blickensderfer, Powers, Wattenberg, Anderson, Congrove, Dyer, Epps, Evans, Hillman, Lacy, Musgrave, Reeves, Teck; also Representatives Spence, Allen, Dean, Fairbank, George, Johnson, Kester, Lee, McElhany, McKay, McPherson, Mitchell, Nunez, Paschall, Pfiffner, Spradley, Tool, T. Williams, and Zimmerman--Concerning a request for the United States Congress to strengthen the authority of the Postal Rate Commission.

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On motion of Representative Dean, the House adjourned until 10:00 a.m., April 12, 1999.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk