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HOUSE JOURNAL
SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
First Regular Session
One hundred first
Legislative Day Friday, April 16, 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 Coleman--1.
Present after roll call--Representatives Coleman.
The Speaker declared a quorum present.
_______________
On motion of Representative Spence, the reading of the journal of April 15, 1999, was dispensed with and approved as corrected by the Chief Clerk.
______________
PRINTING REPORT
The Chief Clerk reports the following bills were been correctly printed: HB99-1376, 1377, 1378, 1379; HCR99-1002.
______________
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on SB99-025
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 SB99-025,
concerning an adjustment of certain time requirements affecting
elections, has met and reports that it has agreed upon the following:
1. That the Senate accede to the House
amendments made to the bill, as said amendments appear in the
rerevised bill.
2. That, under the authority granted the
committee to consider matters not at issue between the two houses,
the following amendment be recommended:
Amend rerevised bill, page 10, strike lines 1 through 7 and substitute the following:
"political party holding the caucus, assembly,
or convention for at least two months as shown on the registration
books of the county clerk and recorder; except that any registered
elector who has attained the age of eighteen years or who has
become a naturalized citizen during the two months immediately
preceding the meeting may vote at any caucus, assembly, or convention
even though the elector has been affiliated with the political
party for less than two months.".
Respectfully submitted,
Senate Committee: House Committee:
Ginette Dennis Steve Johnson
Mark Hillman Tambor Williams
Peggy Reeves Jennifer Veiga
______________
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on SB99-143
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 SB99143,
concerning amendments to the "Colorado Consumer Protection
Act", and, in connection therewith, limiting the class of
potential plaintiffs to consumers of a defendant's goods, services,
or property, restructuring the noneconomic damages provisions,
and reorganizing provisions for clarity, 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 3, strike lines 1 through
4, and substitute the following:
"(III) THREE TIMES THE AMOUNT OF ACTUAL DAMAGES
SUSTAINED, IF IT IS ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE
THAT SUCH PERSON ENGAGED IN BAD FAITH CONDUCT; PLUS";
after line 7, insert the following:
"(2.3) AS USED IN SUBSECTION (2) OF THIS SECTION,
"BAD FAITH CONDUCT" MEANS FRAUDULENT, WILLFUL, KNOWING,
OR INTENTIONAL CONDUCT THAT CAUSES INJURY.".
Page 36, line 1, strike "commenced" and
substitute "filed".
Respectfully submitted,
Senate Committee: House Committee:
Dave Wattenberg William Kaufman
Ken Chlouber Gary McPherson
Ed Perlmutter Jennifer Veiga
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
In response to the request of the House for a Conference Committee on
In response to the request of the House for a Conference Committee on
HB99-1218, the President appointed Senators Anderson,
Chm., Wham, and Feeley as members of the First Conference Committee
on the part of the Senate.
In response to the request of the House for a Conference Committee on
HB99-1253, the President appointed Senators Lamborn, Chm., Hillman, and Weddig as members of the First Conference Committee on the part of the Senate.
_______________
THIRD READING OF BILLS--FINAL PASSAGE
The following bills were considered on Third Reading.
The titles were publicly read. Reading of the bill at length
was dispensed with by unanimous consent.
HB99-1095 by Representative
Tupa; also Senator Arnold--Concerning the prohibition of drugs
associated with drug-induced rape.
The question being "Shall the bill 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 was declared passed.
YES 62 NO 3 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 N Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y | Miller Y Mitchell Y Morrison Y Nuñez Y Paschall N Pfiffner N 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 Alexander, Allen, Bacon, Clarke, Coleman, Gagliardi, Gordon, Kaufman, Larson, Mace, Morrison, Saliman, Scott, Tapia, Tochtrop, Vigil, Windels, Witwer.
HB99-1168 by Representative
Kaufman; also Senator Wham--Concerning substantive changes for
the strengthening of the criminal laws.
The question being "Shall the bill 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 was declared passed.
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 |
Co-sponsors added: Representatives Allen, Clapp, Coleman, Fairbank,
Hagedorn, Hefley, May, Mitchell, Morrison, Spence, Spradley, Swenson,
Tool, Vigil, S.Williams, Young.
HB99-1260 by Representative
Tool; also Senator Anderson--Concerning strengthening of the criminal
laws concerning sex offenders.
The question being "Shall the bill 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 was declared passed.
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 YGordon 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 Allen, Coleman, Dean, Fairbank,
Hagedorn, Kaufman, Lee, May, McKay, Scott, Spence, Spradley, Swenson,
Veiga, S.Williams, Witwer, Zimmerman.
HB99-1367 by Representative
Young; also Senator Musgrave--Concerning the size
factor used in calculating total program funding for certain small
school districts that adopt plans of reorganization that result
in deconsolidation of the school districts.
The question being "Shall the bill 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 was declared passed.
YES 64 NO 1 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 N | 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 Alexander, Allen, Coleman, Decker, Hoppe, Keller, May, Scott, Spence, Taylor, Tupa, Webster.
________________
On motion of Representative T.Williams, the House resolved itself into Committee of the Whole for consideration of General Orders, and she was called to the Chair to act as Chairman.
________________
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been
dispensed with by unanimous consent), the bills considered
and action taken thereon as follows:
(Amendments to the committee amendment are to the
printed committee report which was printed and placed in the members'
bill file.)
SB99-004 by Senator
Powers; also Representative Pfiffner--Concerning the requirements
imposed on the nonprofit activities of state-level entities.
Amendment No. 1, by Representative
Pfiffner.
Amend reengrossed bill, page 2, line 18, strike "WITHOUT";
line 19, strike "SPECIFIC STATUTORY AUTHORITY
TO DO SO".
Page 4, after line 4, insert the following:
"(A) THE OFFICE OF THE GOVERNOR;";
Reletter succeeding subsubparagraphs accordingly.
Page 6, line 24, after "(a),", insert "THE
OFFICE OF THE GOVERNOR,".
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
HB99-1102 by Representative
Young; also Senator Teck--Concerning encouragement
of private-sector telecommunications investment by providing incentives
for the public sector to serve as "anchor tenant", and
making an appropriation therefor.
Amendment No. 1, Appropriations
Report, dated April 8, 1999, and placed in member's
bill file; Report also printed in House Journal, April 9,
pages 1102-1103.
Amendment No. 2, by Representative
Young.
Strike the Local Government Committee report, dated
January 20, 1999, and substitute the following:
"Amend printed bill, page 5, line 24, strike
"NONPROFIT, GENERAL ADMISSION" and substitute "NONPROFIT".
Amendment No. 3, by Representative
Young.
Amend printed bill, page 6, line 18, strike "PROVIDERS."
and substitute "PROVIDERS PURSUANT TO A BIDDING PROCESS THAT
IS NOT LIMITED TO A SINGLE PROVIDER OR TO LARGE PROVIDERS.".
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
HB99-1116 by Representatives
Keller, Alexander, Paschall; also Senators Arnold, Linkhart, Wham--Concerning
the provision of services to children whose mental illness places
them at risk of out-of-home placement.
Amendment No. 1, Health,
Environment, Welfare, & Institutions Report, dated February
3, 1999, and placed in member's
bill file; Report also printed in House Journal, February 4, pages
320-326.
Amendment No. 2, Appropriations
Report, dated April 9, 1999, and placed in member's
bill file; Report also printed in House Journal, April 9,
pages 1130-1132.
Amendment No. 3, by Representative
Keller.
Amend the Appropriations Committee Report, dated
April 9, 1999, page 1, strike lines 16 and 17 and substitute the
following:
"Page 3 of the Health, Environment, Welfare,
and Institutions Committee Report, strike lines 9 through 12,
and substitute the following:
"youth. (1) A PARENT OR GUARDIAN
MAY APPLY TO A MENTAL HEALTH AGENCY ON BEHALF OF HIS OR HER MINOR
CHILD FOR MENTAL HEALTH TREATMENT SERVICES FOR THE CHILD PURSUANT
TO THIS SECTION, WHETHER THE CHILD IS CATEGORICALLY ELIGIBLE FOR
MEDICAID UNDER THE CAPITATED MENTAL HEALTH SYSTEM DESCRIBED IN
SECTION 264123, C.R.S., OR WHETHER THE PARENT BELIEVES
HIS OR HER CHILD IS A CHILD AT RISK OF OUTOFHOME PLACEMENT
AS DEFINED IN SECTION 2710.3103 (1). IN SUCH";".
Page 2 of the Appropriations Committee Report, after
line 1, insert the following:
"line 24, after "NEEDS.", add "A
DEPENDENCY OR NEGLECT ACTION PURSUANT TO ARTICLE 3 OF TITLE 19,
C.R.S., SHALL NOT BE REQUIRED IN ORDER TO ALLOW A FAMILY ACCESS
TO RESIDENTIAL MENTAL HEALTH TREATMENT SERVICES FOR A CHILD.";";
line 15 of the Appropriations Committee Report, strike
"REQUEST. NOTWITHSTANDING ANY OTHER" and substitute
"REQUEST.";
strike lines 16 through 18 of the Appropriations
Committee Report, and substitute the following:
"Page 4 of the Health, Environment, Welfare,
and Institutions Committee Report, line 4, strike "CHILDREN"
and substitute "CHILDREN, BOTH THOSE CHILDREN WHO ARE CATEGORICALLY
ELIGIBLE FOR MEDICAID UNDER THE CAPITATED MENTAL HEALTH SYSTEM
DESCRIBED IN SECTION 264123, C.R.S. AND THOSE CHILDREN
WHO ARE AT RISK OF OUTOFHOME PLACEMENT AS DEFINED
IN SECTION 2710.3103 (1),";
line 10, strike "CHILDREN" and substitute "CHILDREN, BOTH THOSE CHILDREN WHO ARE CATEGORICALLY ELIGIBLE FOR MEDICAID UNDER THE CAPITATED MENTAL HEALTH SYSTEM DESCRIBED IN SECTION 264123, C.R.S. AND THOSE CHILDREN WHO ARE AT RISK OF OUTOFHOME PLACEMENT AS DEFINED IN SECTION 2710.3103 (1),";
line 12, strike "2710.3104 (2);"
and substitute "2710.3104 (2), AND THE REASONS
THEREFORE;";
line 26, strike "(a)".".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB99-1223 by Representative
Lawrence; also Senator Wham--Concerning the employment of persons
in positions involving direct contact with vulnerable persons.
Amendment No. 1, Health,
Environment, Welfare, & Institutions Report, dated February
17, 1999, and placed in member's
bill file; Report also printed in House Journal, February 18,
pages 498-499.
Amendment No. 2, Finance
Report, dated March 24, 1999, and placed in member's
bill file; Report also printed in House Journal, March 25, pages
959-960.
Amendment No. 3, Appropriations
Report, dated April 9, 1999, and placed in member's
bill file; Report also printed in House Journal, April 9,
page 1132.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB99-1328 by Representative
George; also Senator Teck--Concerning the establishment
of the local government growth assistance program to provide financial
assistance to growth-impacted local governmental entities, and
making an appropriation in connection therewith.
Amendment No. 1, Finance
Report, dated March 24, 1999, and placed in member's
bill file; Report also printed in House Journal, March 25, page
960.
Amendment No. 2, Appropriations
Report, dated April 9, 1999, and placed in member's
bill file; Report also printed in House Journal, April 9,
pages 1133-1134.
Amendment No. 3, by Representative
Tate.
Amend printed bill, page 17, strike line 2 and substitute
the following:
"292103.7. Sales tax
local growth impact fund capital construction projects
repeal.";
line 6, after "2911103", insert
"OR THAT IS A PARTY TO A CONTRACT WITH THE STATE PURSUANT
TO ARTICLE 83.5 OF TITLE 24, C.R.S.,";
line 10, strike "AGREEMENT." and substitute
"AGREEMENT OR A CAPITAL CONSTRUCTION PROJECT DESCRIBED IN
ARTICLE 83.5 OF TITLE 24, C.R.S.".
Page 18, line 12, after "AGREEMENT", insert
"OR TO THE FUND OR TREASURY DESIGNATED IN A CONTRACT PURSUANT
TO ARTICLE 83.5 OF TITLE 24, C.R.S.,".
Page 20, line 6, after"AGREEMENT", insert
"OR THE COMPLETION OF THE PAYOUT OF A CAPITAL CONSTRUCTION
PROJECT PURSUANT TO ARTICLE 83.5 OF TITLE 24, C.R.S.,";
line 19, strike "2911103."
and substitute "2911103 OR TO THE CONTRACT ENTERED
INTO BY SUCH COUNTY OR TOWN PURSUANT TO ARTICLE 83.5 OF TITLE
24, C.R.S.".
Page 24, after line 11, insert the following:
"SECTION 6. Title 24,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
ARTICLE to read:
ARTICLE 83.5
State Assistance Local Government Capital Construction
State Promotional Projects
2483.5101. Legislative
Declaration. (1) THE GENERAL
ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT:
(a) THE CAPITAL CONSTRUCTION OF CERTAIN
MAJOR CONVENTION FACILITIES IS ESSENTIAL TO THE CONTINUED ECONOMIC
GROWTH AND PROMOTION OF THE STATE;
(b) CERTAIN REGIONS OF THE STATE REQUIRE
DIFFERENT LEVELS OF CAPITAL INVESTMENT TO CONTINUE TO PROMOTE
THAT REGION OF THE STATE WHILE BENEFITTING AND PROMOTING THE OTHER
SECTIONS OF THE STATE;
(c) IF THE CITIZENS A PARTICULAR LOCALITY
PROMOTE CAPITAL EXPENDITURES FOR SUCH PROJECTS, THE ENTIRE STATE
BENEFITS, AND THE CONTRIBUTION OF STATE TAX REFUND DOLLARS AT
THE LOCAL LEVEL WILL PROMOTE THE HEALTH, SAFETY, PROSPERITY, SECURITY,
AND GENERAL WELFARE OF THE INHABITANTS OF THE STATE AS WELL AS
THOSE OF THE LOCALITY.
(2) THE GENERAL ASSEMBLY FURTHER FINDS,
DETERMINES, AND DECLARES THAT IT IS THE INTENT OF THE GENERAL
ASSEMBLY IN ENACTING THIS ARTICLE TO ESTABLISH A PROGRAM THAT
ALLOWS LOCAL GOVERNMENTS TO WORK COOPERATIVELY WITH THE STATE
FOR THE PURPOSE OF PROVIDING CAPITAL CONSTRUCTION SUPPORT FOR
CONVENTION CENTERS.
2483.5102. State assistance
for capital construction convention centers.
(1) STATE ASSISTANCE MAY BE PROVIDED TO A LOCAL GOVERNMENT
FOR A CAPITAL CONSTRUCTION PROJECT PURSUANT TO THIS ARTICLE IF:
(a) THE STATE, ACTING THROUGH THE DEPARTMENT
OF PERSONNEL, AND THE LOCAL GOVERNMENT NEGOTIATE AND ENTER INTO
A CONTRACT THAT CONTAINS, AT MINIMUM, ALL REQUIREMENTS OF THIS
ARTICLE RELATING TO THE MUTUAL OBLIGATIONS OF THE STATE AND SUCH
LOCAL GOVERNMENT;
(b) THE STATE ASSISTANCE FOR SUCH CAPITAL
CONSTRUCTION PROJECT IS PROVIDED THROUGH THE TEMPORARY STATE SALES
TAX REDUCTION SPECIFIED IN SECTION 3926127, C.R.S.;
(c) SUCH CAPITAL CONSTRUCTION PROJECT
SHALL BE A CONVENTION FACILITY THAT IS USED EXCLUSIVELY AS A CONVENTION
FACILITY; AND
(d) SUCH CONVENTION FACILITY CANNOT BE
PROVIDED BY THE PRIVATE SECTOR AS EVIDENCED BY THE ABSENCE OF
PROPOSALS OR BIDS FOR SUCH CONSTRUCTION BY A PRIVATE ENTITY TO
THE LOCAL GOVERNMENT AT THE TIME SUCH CONTRACT BETWEEN THE STATE
AND LOCAL GOVERNMENT IS ENTERED INTO.
2483.5103. Financing requirements.
(1) IN ORDER FOR A CAPITAL CONSTRUCTION PROJECT TO
QUALIFY FOR STATE ASSISTANCE PURSUANT TO THIS ARTICLE, SUCH ASSISTANCE
FOR THE PROJECT MUST MEET THE FOLLOWING REQUIREMENTS:
(a) INCREASES IN LOCAL REVENUE SOURCES
FOR FINANCING SUCH CAPITAL CONSTRUCTION PROJECT MAY ONLY COME
FROM VOTER APPROVED INCREASES IN SALES AND USE TAXES PURSUANT
TO SECTION 292103.7, C.R.S.
(b) LOCAL GOVERNMENT FINANCIAL SUPPORT
FOR SUCH A CAPITAL CONSTRUCTION PROJECT MAY ONLY COME FROM REVENUE
SOURCES AVAILABLE TO SUCH GOVERNMENT.
(c) STATE ASSISTANCE FOR SUCH A CAPITAL
CONSTRUCTION PROJECT SHALL BE LIMITED TO THE AMOUNT OF REVENUE
PRODUCED BY THE REDUCTION OF STATE SALES TAX SPECIFIED IN SECTION
3926127, C.R.S.
(d) THE PERIOD OF TIME STATE ASSISTANCE
FOR SUCH A CAPITAL CONSTRUCTION PROJECT IS AVAILABLE SHALL NOT
EXCEED TEN YEARS.
(e) STATE ASSISTANCE FOR SUCH A CAPITAL
CONSTRUCTION PROJECT SHALL NOT EXCEED THIRTYSIX MILLION
DOLLARS.".
Renumber succeeding sections accordingly.
Amendment No. 4, by Representative
George.
Amend printed bill, page 23, strike lines 9 through
26.
Page 24, strike lines 1 through 11.
Renumber succeeding sections accordingly.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB99-1340 by Representatives
Witwer, Clarke; also Senator Sullivant--Concerning the investigation
of the possible harmful health effects of nonionizing radiation
from electromagnetic sources.
Amendment No. 1, Business
Affairs & Labor Report, dated April 6, 1999, and placed in
member's
bill file; Report also printed in House Journal, April 9, page
1111.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB99-1343 by Representative
Kaufman--Concerning the personnel of the oil and gas conservation
commission, and, in connection therewith, requiring members of
the commission to take an oath and members and employees of the
commission to remain free from conflicting interests while employed
by the commission.
Amendment No. 1, Judiciary
Report, dated April 13, 1999, and placed in member's
bill file; Report also printed in House Journal, April 14, page
1191.
As amended, declared lost on Second Reading.
SB99-206 by Senators
Owen, Andrews, Blickensderfer, Congrove, Lamborn, Musgrave, Powers,
Wattenberg; also Representatives McElhany, Allen, Berry, Dean,
Fairbank, George, May, McKay, Mitchell, Paschall, Pfiffner, Stengel,
Swenson, Taylor, Tool, Webster, Witwer, Young--Concerning the
population data to be used for redistricting after the federal
census in the year 2000.
Ordered revised and placed on the Calendar for Third
Reading and Final Passage.
On motion of Representative Dean, consideration of HB99-1194, SB99204 was laid over until April 19, retaining place on Calendar.
_______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representatives McElhany, Paschall, Mitchell, Pfiffner,
Lee, and Hefley moved to amend the Report of the Committee of
the Whole to show that HB991328, as amended, did
not pass.
The amendment was declared lost by the following
roll call vote:
YES 26 NO 38 EXCUSED 1 ABSENT 0
Alexander N
Allen Y Bacon N Berry NChavez N Clapp Y Clarke N Coleman N Dean Y Decker Y Fairbank Y Gagliardi N Gordon N Gotlieb N Grossman N Hagedorn E | Hefley Y Hoppe N Johnson Y Kaufman N Keller N Kester Y King Y Larson N Lawrence Y Lee N Leyba N Mace N May Y McElhany Y McKay Y McPherson Y | Miller N Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman N Scott N Sinclair Y Smith N Spence Y Spradley Y Stengel Y Swenson Y | Takis N Tapia N Tate N Taylor N Tochtrop N Tool N Tupa N Veiga N Vigil N Webster N Williams, S. N Williams, T. Y Windels N Witwer N Young Y Zimmerman N | |||
Mr. Speaker N |
Representatives King and Scott moved to amend the
Report of the Committee of the Whole to show that Amendment No.
3, by Representative Tate (L.004 printed in House Journal page
1294 lines 4455, page 1295, page 1296 lines 1-43) to HB991328,
did not pass, and that HB991328, as amended, did
pass.
The amendment was declared lost by the following
roll call vote:
YES 30 NO 34 EXCUSED 1 ABSENT 0
Alexander N Allen Y Bacon N Berry N Chavez N Clapp Y Clarke N Coleman N Dean Y Decker Y Fairbank Y Gagliardi N Gordon N Gotlieb N Grossman N Hagedorn E | Hefley Y Hoppe N Johnson Y Kaufman N Keller N Kester Y King Y Larson N Lawrence Y Lee Y Leyba N Mace N May Y McElhany N McKay Y McPherson Y | Miller N Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale N Saliman N Scott Y Sinclair Y Smith N Spence Y Spradley Y Stengel Y Swenson Y | Takis N Tapia N Tate N Taylor N Tochtrop N Tool N Tupa N Veiga N Vigil N Webster Y Williams, S. N Williams, T. Y Windels N Witwer Y Young Y Zimmerman N | |||
Mr. Speaker N |
Representative Fairbank moved to amend the Report
of the Committee of the Whole to show that HB991340,
as amended, did not pass.
The amendment was declared lost by the following
roll call vote:
YES 28 NO 35 EXCUSED 2 ABSENT 0
Alexander N
Allen Y Bacon N Berry YChavez N Clapp N Clarke N Coleman N Dean Y Decker Y Fairbank Y Gagliardi N Gordon N Gotlieb Y Grossman N Hagedorn E | Hefley Y Hoppe Y Johnson Y Kaufman Y Keller N Kester N King N Larson N Lawrence N Lee Y Leyba N Mace N May N McElhany Y McKay Y McPherson Y | Miller N Mitchell Y Morrison N Nuñez Y Paschall Y Pfiffner N Plant N Ragsdale N Saliman N Scott N Sinclair N Smith N Spence Y Spradley Y Stengel Y Swenson Y | Takis Y Tapia N Tate N Taylor N Tochtrop N Tool Y Tupa N Veiga N Vigil Y Webster Y Williams, S. N Williams, T. E Windels N Witwer N Young Y Zimmerman Y | |||
Mr. Speaker Y |
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: SB99-004 amended, HB99-1102
amended, 1116 amended, 1223 amended, 1328 amended, 1340 amended,
SB99206.
Lost on Second Reading: HB99-1343 amended.
Laid over until date indicated retaining place on
Calendar: HB99-1194, SB99-204--April 19, 1999.
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 63 NO 0 EXCUSED 2 ABSENT 0
Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn E | 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. E Windels Y Witwer Y Young Y Zimmerman Y | |||
Mr. Speaker Y |
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has adopted and transmits herewith: SJR99-051.
_______________
INTRODUCTION AND CONSIDERATION OF RESOLUTION
The following resolution was read at length and given
immediate consideration:
SJR99-051 by Senators
Blickensderfer, Andrews, Arnold, Chlouber, Congrove, Dyer, Epps,
Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez,
Musgrave, Nichol, Pascoe, Perlmutter, Phillips, Reeves, Rupert,
Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig,
Wham; also Representative Dean--Concerning the commendation of
the United Veterans Committee of Colorado.
On motion of Representative Dean, the rules were
suspended and the resolution given immediate consideration and
adopted by viva voce vote.
Co-sponsors added: Roll call of the House.
_______________
REPORTS OF COMMITTEES OF REFERENCE
APPROPRIATIONS
After consideration on the merits, the Committee
recommends the following:
HB99-1166 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Strike the Appropriations Committee Report, dated
April 7, 1999, and substitute the following:
"Amend the Health, Environment, Welfare, and
Institutions Committee Report, dated January 27, 1999, page 1,
strike lines 2 through 11, and substitute the following:
""SECTION 2. Appropriation
adjustment in 1999 long bill. (1) In addition
to any other appropriation, there is hereby appropriated to the
department of health care policy and financing, executive director's
office, for the fiscal year beginning July 1, 1999, the sum of
fourteen thousand four hundred dollars ($14,400), or so much thereof
as may be necessary, for the implementation of this act. Of said
sum, seven thousand two hundred dollars ($7,200) shall be from
the general fund, and seven thousand two hundred dollars ($7,200)
shall be from federal funds anticipated to be received by the
department.
(2) In addition to any other appropriation,
there is hereby appropriated to the department of health care
policy and financing, medical services premiums, for the fiscal
year beginning July 1, 1999, the sum of one million five hundred
seventyfive thousand two hundred dollars ($1,575,200), or
so much thereof as may be necessary, for the implementation of
this act. Of said sum, seven hundred eightysix thousand
twentyfive dollars ($786,025) shall be from the general
fund and subject to the "(M)" notation as defined in
the general appropriation act, and seven hundred eightynine
thousand one hundred seventyfive dollars ($789,175) shall
be from federal funds anticipated to be received by the department.
(3) In addition to any other appropriation,
there is hereby appropriated to the department of human services,
office of information technology services, for the fiscal year
beginning July 1, 1999, the sum of fourteen thousand four hundred
dollars ($14,400), or so much thereof as may be necessary, for
the implementation of this act. Said sum shall be from cash funds
exempt received from the department of health care policy and
financing out of the appropriation made in subsection (1) of this
section.
(4) In addition to any other appropriation,
there is hereby appropriated to the department of human services,
selfsufficiency, for the fiscal year beginning July 1, 1999,
the sum of one hundred twentyseven thousand eight hundred
forty dollars ($127,840), or so much thereof as may be necessary,
for the implementation of this act. Of said sum, thirtysix
thousand six hundred eight dollars ($36,608) shall be from the
general fund, eightytwo thousand eighty dollars ($82,080)
shall be from the old age pension fund, and nine thousand one
hundred fiftytwo dollars ($9,152) shall be from local matching
funds.".
(5) For the implementation of this act,
appropriations made in the annual general appropriation act for
the fiscal year beginning July 1, 1999, shall be adjusted as follows:
(a) The general fund appropriation to
the capital construction fund outlined in section 3 (1) (f) is
reduced by eight hundred twentynine thousand eight hundred
thirtythree dollars ($829,833).
(b) The capital construction fund exempt
appropriation to the department of transportation, construction
projects, is reduced by eight hundred twentynine thousand
eight hundred thirtythree dollars ($829,833).".".".
HB99-1252 be postponed
indefinitely.
HB99-1332 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend the State, Veterans, & Military Affairs
Committee Report, dated March 23, 1999, page 1, line 6, after
""(c)", insert "(I)";
line 11, strike "DEPARTMENT."." and
substitute "DEPARTMENT.";
after line 11, insert the following:
"(II) IT IS THE INTENT OF THE GENERAL
ASSEMBLY IN ALLOWING UP TO ONE HUNDRED PERCENT TUITION ASSISTANCE
FOR A NATIONAL GUARD MEMBER, PURSUANT TO H.B. 991332, ENACTED
AT THE FIRST REGULAR SESSION OF THE SIXTYSECOND GENERAL
ASSEMBLY, THAT SUCH INCREASE SHALL NOT RESULT IN AN INCREASE IN
APPROPRIATIONS TO THE DEPARTMENT IN ORDER TO PAY THE TUITION ASSISTANCE
PROVIDED PURSUANT TO PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION.".".
HB99-1346 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 18, strike "Appropriation."
and substitute "Appropriation adjustment in 1999
long bill.".
Page 6, after line 6, insert the following:
"(3) 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 department of human services, selfsufficiency, Colorado
works program, for county block grants, is reduced by one million
one hundred thousand dollars ($1,100,000).
(b) The appropriation from the federal
temporary assistance to needy families block grant to the department
of human services, selfsufficiency, Colorado works program,
for county block grants, is increased by one million one hundred
thousand dollars ($1,100,000).".
HB99-1359 be referred
to the Committee of the Whole with favorable recommendation.
SB99-001 be referred
to the Committee of the Whole with favorable recommendation.
SB99-034 be referred
to the Committee of the Whole with favorable recommendation.
SB99-051 be referred
to the Committee of the Whole with favorable recommendation.
SB99-088 be referred
to the Committee on Finance with favorable recommendation.
SB99-119 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 March
18, 1999, page 1, strike lines 5 through 19 and substitute the
following:
""SECTION 12. Exception
to the requirements of section 22703, Colorado Revised
Statutes. The general assembly hereby finds that section
183415.5, Colorado Revised Statutes, enacted in this
act would require a fiveyear appropriation pursuant to the
requirements of section 22703, Colorado Revised Statutes,
for prison bed construction and operating costs. However, it
is the intent of the general assembly that any prison bed construction
and operating costs resulting from the passage of this act be
offset by prison bed savings and operating costs savings created
by the amendment to section 422206, Colorado Revised
Statutes, in House Bill 991168, that are anticipated to
be equal to or greater than the costs resulting from the passage
of this act.
SECTION 13. Effective date.
(1) This act shall take effect upon passage and sections
5 and 6 of this act shall apply to offenses committed on or after
said date; except that sections 5 and 6 of this act shall only
take effect if:
(a) Section 422206, Colorado
Revised Statutes, is amended in House Bill 991168 to change
the penalty for driving with a revoked license from a class 6
felony to a class 1 misdemeanor and the final fiscal note for
such bill shows prison bed savings and operating costs savings
that are equal to or greater than the prison bed construction
and operating costs shown in the final fiscal note for this act;
and
(b) House Bill 991168 is enacted
and becomes law.".
Renumber succeeding section accordingly.".
Strike pages 2 and 3 of the committee report.
SB99-153 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:
HB99-1362 be postponed
indefinitely.
HB99-1368 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 everything below
the enacting clause, and substitute the following:
"SECTION 1. Part 1 of
article 61 of title 12, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
1261113.2. Rulemaking
required prohibition of certain referrals.
(1) ON OR BEFORE JULY 1, 1999, THE REAL ESTATE COMMISSION
SHALL COMMENCE THE PROMULGATION OF RULES THAT:
(a) PROHIBIT A REAL ESTATE SALESPERSON
OR REAL ESTATE BROKER FROM OFFERING INCENTIVES, IMPOSING DISINCENTIVES,
OR GIVING REMUNERATION TO ANOTHER ACTIVE LICENSED REAL ESTATE
BROKER OR REAL ESTATE SALESPERSON FOR THE PURPOSE OF INFLUENCING
THE REFERRAL OF TITLE INSURANCE BUSINESS TO A CERTAIN TITLE INSURANCE
COMPANY OR TITLE INSURANCE AGENT;
(b) REQUIRE A WRITTEN DISCLOSURE TO BE
PROVIDED TO THE BUYER OR SELLER AT THE TIME THE REAL ESTATE LISTING
AGREEMENT IS SIGNED IF THE BUYER OR SELLER HAS BEEN REFERRED TO
A TITLE INSURANCE COMPANY IN WHICH THE REAL ESTATE BROKER OR REAL
ESTATE SALESPERSON HAS A FINANCIAL INTEREST. SUCH DISCLOSURE
SHALL INCLUDE INFORMATION ABOUT AVAILABLE ALTERNATIVES TO SUCH
COMPANY.
(c) INCLUDE DISCIPLINARY MEASURES TO BE
TAKEN AGAINST ANY REAL ESTATE SALESPERSON OR REAL ESTATE BROKER
WHO VIOLATES THE PRESCRIBED CONDUCT.
(2) THE RULES REQUIRED BY THIS SECTION
SHALL BE PROMULGATED AFTER CONSULTATION WITH THE COMMISSIONER
OF INSURANCE.
SECTION 2. 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.".
HB99-1372 be referred
to the Committee of the Whole with favorable recommendation.
JUDICIARY
After consideration on the merits, the Committee
recommends the following:
SB99-061 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend reengrossed bill, page 3, strike lines 12 through
26.
Renumber succeeding sections accordingly.
Strike pages 4 and 5.
Page 6, strike lines 1 through 25.
Page 9, strike lines 6 through 20.
Renumber succeeding sections accordingly.
Page 9, line 22, strike "3 through 6" and
substitute "2 through 4";
line 24, strike "3" and substitute "2";
line 25, strike "6" and substitute "4".
Page 10, line 12, strike "Sections 3 through
10" and substitute "Sections 2 through 8";
line 13, strike "Sections 1 and 2" and
substitute "Section 1";
line 14, strike "sections 1 and 2" and
substitute "section 1".
SB99-075 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend reengrossed bill, page 3, line 8, strike "order."
and substitute "order AND THE PARTIES' RESIDENTIAL AND MAILING
ADDRESSES.".
Page 4, line 17, before "AND", insert "RESIDENTIAL
AND MAILING ADDRESSES,";
line 26, before "AND", insert "RESIDENTIAL
AND MAILING ADDRESSES,".
Page 6, line 2, strike "order." and substitute
"order AND THE PARTIES' RESIDENTIAL AND MAILING ADDRESSES.";
line 15, strike "order." and substitute
"order AND THE PARTIES' RESIDENTIAL AND MAILING ADDRESSES.".
Page 14, line 16, strike "sought." and
substitute "sought AND THE PARTIES' RESIDENTIAL AND MAILING
ADDRESSES.".
SB99-116 be referred
to the Committee on Appropriations with favorable recommendation.
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee
recommends the following:
SB99-084 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend reengrossed bill, page 9, line 14, strike "TEN-YEAR"
and substitute "FOUR-YEAR";
line 25, strike "TEN-YEAR" and substitute
"FOUR-YEAR".
Page 11, strike lines 1 through 5 and substitute
the following:
"SPECIFIED IN SUBSECTION (1) OF THIS SECTION,
THE SHERIFF MAY DENY, REVOKE, OR REFUSE TO RENEW A PERMIT IF THE
SHERIFF HAS EVIDENCE OF PREVIOUS BEHAVIOR BY THE APPLICANT, DOCUMENTED
IN EXISTING LAW ENFORCEMENT RECORDS, THAT SUPPORTS A REASONABLE
BELIEF THAT THE APPLICANT HAS COMMITTED ANY OF THE CRIMINAL ACTS
SPECIFIED IN SUBSECTION (1) OF THIS SECTION OR THAT COULD PROVIDE
A BASIS FOR JUDICIAL ACTION WITH REGARD TO ANY OF THE PRECLUSIONS
SPECIFIED IN SUBSECTION (1) OF THIS SECTION.";
line 8, strike "SECTION AND MAY DENY,"
and substitute "SECTION.";
strike line 9;
line 10, strike "SUBSECTION (2) OF THIS SECTION.";
strike line 13 and substitute the following:
"SECTION OR THAT THERE IS EVIDENCE OF OTHER
BEHAVIOR AS DESCRIBED IN";
after line 17, insert the following:
"(4) IF THE SHERIFF DENIES THE ISSUANCE
OF A PERMIT OR REVOKES OR REFUSES TO RENEW A PERMIT ON THE GROUNDS
THAT THE APPLICANT HAS BEEN CHARGED WITH ONE OF THE CRIMES SPECIFIED
IN SECTION 1812203 (1), AND THE APPLICANT IS SUBSEQUENTLY
ACQUITTED OR THE CHARGES ARE DISMISSED, THE SHERIFF SHALL ISSUE,
REINSTATE, OR RENEW THE PERMIT UPON RECEIPT OF DOCUMENTATION FROM
THE APPLICANT PROVING THE ACQUITTAL OR DISMISSAL OF CHARGES.";
strike lines 20 and 21 and substitute the following:
"THE PERMITTEE AND SHALL CONTAIN STANDARDIZED
INFORMATION, INCLUDING AT A MINIMUM THE SIGNATURE OF THE ISSUING
SHERIFF, IN A STANDARDIZED FORM DEVELOPED BY THE SHERIFFS. A
PERMIT IS VALID FOR A";
line 22, strike "FOUR" and substitute "FIVE".
Page 12, line 3, strike "PERMIT, TOGETHER WITH VALID PHOTO IDENTIFICATION," and substitute "PERMIT";
line 5, strike "BOTH DOCUMENTS" and substitute
"THE PERMIT";
line 9, strike "AND IDENTIFICATION";
line 11, strike "AND IDENTIFICATION";
line 15, strike "AND VALID IDENTIFICATION".
Page 14, strike line 18 and substitute the following:
"FEE FOR THE ACTUAL COST OF PROCESSING THE PERMIT
APPLICATION, NOT TO EXCEED SIXTYFIVE DOLLARS.";
line 19, strike "APPLICATION.";
line 25, strike "ORDER" and substitute
"ORDER, A PERSONAL CHECK,".
Page 16, line 7, strike "(I)";
strike line 10 and substitute the following:
"TO DETERMINE WHETHER THERE IS EVIDENCE OF OTHER
BEHAVIOR AS DESCRIBED IN SECTION 1812203 (2). SUCH";
line 15, strike "SHALL" and substitute
"MAY";
strike lines 17 through 26.
Page 17, strike lines 1 and 2.
line 9, strike "DIRECT AND INDIRECT COSTS"
and substitute "COST".
line 13, strike "NINETY" and substitute
"SIXTY";
strike lines 18 and 19 and substitute the following:
"LISTED IN SECTION 1812203 (1) OR
THAT THERE IS EVIDENCE OF OTHER BEHAVIOR AS DESCRIBED IN SECTION
1812203 (2). IF THE SHERIFF DENIES";
strike lines 22 and 23 and substitute the following:
"APPLICANT OF THE PROCEDURE FOR APPEAL OF THE
DENIAL.
(2) (a) ANY APPLICANT WHO SEEKS REVIEW
OF A PERMIT DENIAL SHALL INITIALLY REQUEST A REVIEW BY THE SHERIFF
WHO DENIED THE PERMIT. THE APPLICANT SHALL SUBMIT A WRITTEN REQUEST
FOR REVIEW TO THE SHERIFF WITHIN FORTYFIVE DAYS AFTER THE
APPLICANT RECEIVED NOTICE OF DENIAL. THE APPLICANT MAY APPLY
FOR AN EXTENSION OF THE TIME TO REQUEST REVIEW BASED ON GOOD CAUSE
SHOWN.
(b) EACH SHERIFF SHALL ADOPT PROCEDURES
UNDER WHICH THE SHERIFF, AND NOT A DESIGNEE, REVIEWS A PERMIT
DENIAL. THE APPLICANT SHALL COMPLY WITH THE REVIEW PROCEDURES
ADOPTED BY THE SHERIFF PRIOR TO SEEKING JUDICIAL REVIEW OF THE
PERMIT DENIAL.
(c) IF, AFTER REVIEW, THE SHERIFF AGAIN
DENIES THE PERMIT, THE APPLICANT MAY SEEK JUDICIAL REVIEW OF THE
PERMIT DENIAL. IF, FOLLOWING JUDICIAL REVIEW, THE COURT FINDS
THAT THE SHERIFF HAS BEEN UNREASONABLE OR HAS NOT COMPLIED WITH
THE REQUIREMENTS OF THIS PART 2 AND ORDERS THE SHERIFF TO ISSUE
THE PERMIT, THE COURT MAY ALSO ORDER THE SHERIFF TO PAY ALL REASONABLE
LEGAL COSTS, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES, INCURRED
BY THE APPLICANT IN SEEKING JUDICIAL REVIEW.";
line 24, strike "(2)" and substitute "(3)";
line 26, strike "NINETY" and substitute
"SIXTY".
Page 18, strike lines 7 through 12;
strike lines 25 and 26 and substitute the following:
"STATES WHOSE".
Page 19, strike line 1;
strike lines 5 through 8 and substitute the following:
"CRIME INFORMATION CENTER.".
Page 20, line 6, after the period, add "THE
AMOUNT PAID FOR ISSUANCE OF A TEMPORARY EMERGENCY PERMIT SHALL
BE DEDUCTED FROM THE FEE FOR ISSUANCE OF A REGULAR PERMIT IF THE
APPLICANT APPLIES FOR A REGULAR PERMIT PRIOR TO EXPIRATION OF
THE TEMPORARY EMERGENCY PERMIT.".
line 25, strike "THAT THE";
strike line 26.
Page 21, strike line 1 and substitute the following:
"THE REQUIRED RENEWAL FEE FOR THE ACTUAL COST
OF RENEWING THE PERMIT, NOT TO EXCEED THIRTY DOLLARS, AS";
line 5, strike "IS NOT A DANGER" and substitute
"DETERMINE WHETHER THERE IS EVIDENCE OF OTHER BEHAVIOR".
Page 23, strike lines 12 through 14 and substitute
the following:
"(a) ANY BUILDING WHOLLY OWNED OR
OCCUPIED BY THE STATE OR BY A CITY, COUNTY, CITY AND COUNTY, OR
AUTHORITY, INCLUDING BUT NOT LIMITED TO A BUILDING EXCLUSIVELY
USED AS A COURTHOUSE, OR THE PORTION OF A BUILDING OCCUPIED BY
THE OFFICES OF THE STATE OR OF A CITY, COUNTY, CITY AND COUNTY,
OR AUTHORITY, INCLUDING BUT NOT LIMITED TO ANY PORTION OF A BUILDING
IN WHICH COURT IS CONVENED;";
line 16, after "HANDGUNS;", add "EXCEPT
THAT A PERMITTEE MAY HAVE A HANDGUN AT ANY OF SAID ATHLETIC EVENTS
SO LONG AS THE HANDGUN REMAINS IN HIS OR HER VEHICLE AND, IF THE
PERMITTEE IS NOT IN THE VEHICLE, THE HANDGUN IS IN A LOCKED COMPARTMENT
WITHIN THE VEHICLE;".
Page 25, line 15, strike "A NEW SUBSECTION,"
and substitute "THE FOLLOWING NEW SUBSECTIONS";
strike line 17 and substitute the following:
"possession of weapons. (1.5) NOTWITHSTANDING
THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, A PERSON WHO
HAS A CONCEALED HANDGUN PERMIT COMMITS A CLASS 1 PETTY OFFENSE
IF SUCH PERSON CARRIES A CONCEALED HANDGUN IN VIOLATION OF THE
PROVISIONS OF SECTION 1812213; EXCEPT THAT ANY SECOND
OR SUBSEQUENT OFFENSE SHALL BE A CLASS 2 MISDEMEANOR.
(2) It shall be an affirmative defense that the".
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has adopted and transmits herewith: SJR99-031,
039, 043, 044, 047
The Senate has adopted and returns herewith: HJR99-1027.
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
SB99-020 by Senator Phillips; also Representative Zimmerman--Concerning the provision of additional moneys to governmental entities in the state for the purpose of addressing hazardous substance incidents, and making an appropriation therefor.
Committee on Local Government
Committee on Appropriations
SB99-023 by Senator Arnold; also Representative Keller--Concerning the circumvention of dependency and neglect action requirements for the provision of mental health services to children at risk of out-of-home placement, and making an appropriation in connection therewith..
Committee on Health, Environment, Welfare, & Institutions
Committee on Appropriations
SB99-065 by Senators Reeves, Linkhart, Powers; also Representative Leyba--Concerning filings to perfect security interests, and, in connection therewith, amending provisions governing the operation of the central indexing system and making an appropriation.
Committee on Business Affairs & Labor
Committee on Appropriations
SB99-067 by Senators Weddig, Pascoe; also Representatives Grossman, Clarke, Gordon, Kester, Leyba, Veiga, Williams S.--Concerning the provision of health care to persons in the aid to the needy disabled program who are not receiving medicaid.
Committee on Health, Environment, Welfare, &
Institutions
SB99-081 by Senator Chlouber; also Representative Young--Concerning amendments to the statutes governing animal racing.
Committee on Agriculture, Livestock, & Natural
Resources
SB99-117 by Senator Dennis; also Representative Taylor--Concerning the removal of the clean vehicle fleet program from the state implementation plan for carbon monoxide, and, in connection therewith, opting out of the federal program and modifying program compliance credits, and making an appropriation in connection therewith.
Committee on Transportation & Energy
Committee on Appropriations
SB99-130 by Senator Wham; also Representative Kaufman--Concerning substantive changes for the strengthening of the juvenile laws.
Committee on Judiciary
SB99-145 by Senator Wattenberg; also Representative Taylor--Concerning the application of state air quality standards to activities taking place on public property within the state, and making an appropriation in connection therewith..
Committee on Agriculture, Livestock, & Natural Resources
Committee on Appropriations
SB99-150 by Senators Epps, Blickensderfer, Congrove, Dennis, Dyer, Evans, Grampsas, Hernandez, Hillman, Lamborn, Musgrave, Nichol, Owen, Phillips, Powers, Tebedo, Teck, Weddig, Wham; also Representative George--Concerning civil liability relating to illegal drugs.
Committee on Judiciary
SB99-152 by Senator Linkhart; also Representative Alexander--Concerning child care, and making an appropriation in connection therewith.
Committee on Health, Environment, Welfare, & Institutions
Committee on Appropriations
SB99-154 by Senators Evans, Andrews, Epps, Lamborn, Teck, Wham; also Representatives Gotlieb, Kaufman, Allen, Dean, Sinclair--Concerning performance-based teacher education programs.
Committee on Education
SB99-163 by Senator Feeley; also Representative McPherson--Concerning the establishment of the Colorado institute for telecommunication education, and making an appropriation in connection therewith.
Committee on Education
Committee on Appropriations
SB99-164 by Senator Tebedo; also Representative Sinclair--Concerning an increase in the weight limitation for special license plates for certain vehicles.
Committee on Transportation & Energy
SB99-165 by Senator Rupert; also Representative McElhany--Concerning funding of the reading services for the blind cash fund, and making an appropriation therefor.
Committee on Education
Committee on Appropriations
SB99-169 by Senator Wattenberg; also Representative George--Concerning expense reimbursement for members of the electricity advisory panel.
Committee on Business Affairs & Labor
______________
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title and
laid over one day under the rules:
SJR99-029 by Senators
Andrews, Congrove, Dyer, Epps, Evans, Hillman, Lamborn, Musgrave,
Owen, Powers, Tebedo; also Representatives Sinclair, Lee, Dean,
Decker, Fairbank, Gotlieb, Hoppe, Johnson, Kester, Larson, May,
McElhany, McKay, McPherson, Miller, Nuñez, Paschall, Scott,
Swenson, Webster, T. Williams, and Witwer--Concerning national
missile defense.
SJR99-030 by Senators
Tebedo, Andrews, Blickensderfer, Chlouber, Congrove, Dennis, Dyer,
Epps, Evans, Hillman, Lacy, Lamborn, Linkhart, Musgrave, Nichol,
Owen, Perlmutter, Powers, Reeves, Sullivant, Teck, Wattenberg,
Weddig, Wham; also Representatives Hoppe, Alexander, Allen, Clapp,
Coleman, Dean, Decker, Fairbank, Gagliardi, George, Gotlieb, Hagedorn,
Hefley, Johnson, Kaufman, Kester, King, Larson, Lee, May, McElhany,
McKay, McPherson, Miller, Mitchell, Morrison, Nuñez, Paschall,
Pfiffner, Ragsdale, Scott, Sinclair, Smith, Spence, Spradley,
Stengel, Swenson, Takis, Tapia, Taylor, Tochtrop, Tool, Veiga,
Vigil, Webster, S. Williams, T. Williams, Witwer, Zimmerman--Concerning
the "Eddie Eagle" Gun Safety Program.
SJR99-031 by Senators
Perlmutter, Rupert, Phillips, Anderson, Andrews, Arnold, Blickensderfer,
Chlouber, Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Hillman,
Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol,
Pascoe, Powers, Reeves, Sullivant, Tanner, Teck, Thiebaut; also
Representative McElhany--Concerning suicide prevention.
SJR99-032 by Senator
Owen; also Representative McElhany--Concerning the general assembly's
support for federal legislation concerning post-census local review.
SJR99-035 by Senator
Evans; also Representative Gotlieb--Concerning the Colorado Preterm
Birth Prevention Project 1999.
SJR99-037 by Senator
Wham; also Representative Lawrence--Concerning the continued development
and maintenance of an oral history library of the Colorado General
Assembly.
SJR99-039 by Senator
Chlouber; also Representative Miller--Concerning waiver of local
access and transport areas.
SJR99-043 by Senators
Hernandez, Martinez; also Representatives Mace, Chavez, Coleman,
Gagliardi, Leyba, Tapia, Vigil--Concerning recognizing Cesar Chavez
on Labor Day.
SJR99-044 by Senator
Feeley; also Representative Veiga--Honoring the mothers of Colorado
and remembering the mothers of Colorado whose lives were cut short
by domestic violence.
SJR99-047 by Senator Wattenberg; also Representative Young--Concerning the reestablishment of economic parity.
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, the following items
on the Calendar were laid over until April 19, retaining place
on Calendar:
Consideration of Resolutions--HJR99-1016, 1032, 1035, 1036, 1038, 1039, 1040, 1041, 1043, 1044, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055.
Consideration of Memorials--HM99-1001, 1002, 1003.
Consideration of Senate Amendments--HB99-1234, 1108.
_______________
On motion of Representative Dean, the House adjourned until 10:00 a.m., April 19, 1999.
Approved:
RUSSELL GEORGE,
Attest: Speaker
JUDITH RODRIGUE,
Chief Clerk