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

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

HB99-1188, the President appointed Senators Wham, Chm., Evans, and Linkhart 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

HB99-1218, 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