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.
Prayer by the Reverend Doctor Cynthia
Cearley, Montview Presbyterian Church, Denver.
The Speaker called the House to order at 10:00
a.m.
The roll was called with the following result:
Present--64.
Absent and excused--Representative Spradley--1.
Present after roll call--Representative Spradley.
The Speaker declared a quorum present.
_______________
On motion of Representative Tapia, the reading of the journal of April 23, 1999, was dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEES OF REFERENCE
AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES
After consideration on the merits, the Committee
recommends the following:
HB99-1380 be referred
to the Committee of the Whole with favorable recommendation.
SB99-081 be amended
as follows, and as so amended, be referred to the Committee on
Finance with favorable recommendation:
Amend reengrossed bill, page 1, after line 1, insert
the following:
"SECTION 1. 1260102
(14) (a), Colorado Revised Statutes, is amended to read:
1260102. Definitions
repeal. As used in this article, unless
the context otherwise requires:
(14) (a) "Instate simulcast
facility" means a CLASS B HORSE track which
is operated by a licensee or an additional facility which is operated
by and is the responsibility of AT
WHICH a licensee who
has held within the preceding twelve months or is licensed and
scheduled to hold within the following twelve months a race meet
of at least fifty race days or at
least sixty race days if such twelvemonth period includes
any portion of the licensee's third or subsequent year of operating
the licensee's THE DURATION REQUIRED
OF A CLASS B track, A GREYHOUND TRACK AT WHICH A LICENSEE HAS
HELD WITHIN THE PRECEDING TWELVE MONTHS OR IS LICENSED AND SCHEDULED
TO HOLD WITHIN THE FOLLOWING TWELVE MONTHS A GREYHOUND RACE MEET
OF AT LEAST SIXTY RACE DAYS, OR AN ADDITIONAL FACILITY THAT IS
OPERATED BY AND IS THE RESPONSIBILITY OF THE LICENSEE OF SUCH
A CLASS B HORSE TRACK OR GREYHOUND track, which
is located within
the state of IN Colorado, and which
is used for the handling of wagers
placed on simulcast races received by such track or facility.
The number of such additional facilities shall not exceed one
per operating track. On and after
July 1, 1993, through July 1, 1996, no licensee may operate any
additional facility unless a horse race meet of at least fifty
race days was conducted at a Colorado horse track during the immediately
preceding year. Such additional facilities
shall not be located within fifty miles of any CLASS B HORSE track
OR GREYHOUND TRACK operated by another licensee which
has held, within the previous twelve months, or is licensed and
scheduled to hold, within the next twelve months, a race meet
of no less than fifty race days or no less than sixty race days
if such twelvemonth period includes any portion of the track's
third or subsequent year of operation,
without the written consent of such other licensee. The commission
shall establish by rule the means of obtaining such consent.".
Renumber succeeding sections accordingly.
Page 2, strike lines 8 through 17.
Renumber succeeding sections accordingly.
Page 4, after line 4, insert the following:
"SECTION 5. 1260603
(1) (a), Colorado Revised Statutes, is amended to read:
1260603. Duration of meets.
(1) (a) It is unlawful to conduct any race meet
at which wagering is permitted except under the provisions of
this article. It is lawful to conduct parimutuel wagering
on live horse or greyhound races which
THAT are part of a race meet licensed and conducted pursuant to
this article. The duration of any horse race meet at a class B
track shall be at least fifty race
days, or at least sixty live race days if such horse race meet
is held during any portion of the track's third or subsequent
year of operation AS SPECIFIED IN
SECTION 1260102 (4); except that the commission may
prescribe a lesser number of race days in the event of unforeseen
circumstances or acts of God.
SECTION 6. 1260702
(1) (b), (1) (g), and (1) (h), Colorado Revised Statutes, are
amended, and the said 1260702 is further amended BY
THE ADDITION OF A NEW SUBSECTION, to read:
1260702. Unlawful to wager,
exception excess taxes special provisions
for simulcast races repeal. (1) (b)
(I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)
OF THIS SECTION, it is unlawful for any licensee for the racing
of greyhounds or any operator of an instate simulcast facility
that receives simulcast races of greyhounds to take more than
nineteen and onehalf percent of the gross receipts of any
parimutuel wagering on such races or simulcast races. or
(II) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION
(4) OF THIS SECTION, IT IS UNLAWFUL for a licensee for the racing
of horses or an operator of an instate simulcast facility
that receives simulcast races of horses to take more than eighteen
and onehalf percent of the gross receipts on win, place,
and show wagering on such races or simulcast races or more than
twentyfive percent of the gross receipts from all other
parimutuel wagering on such races or simulcast races.
(g) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION
(4) OF THIS SECTION:
(I) It is unlawful for any licensee to
compute breaks in the parimutuel system in excess of ten
cents; AND
(II) If, during any race meet conducted
under this law
ARTICLE, there are underpayments of the amount actually due to
the wagerers, the amount of the excess of such underpayments over
and above overpayments to wagerers, at the expiration of thirty
days from the end of said meet, shall revert and belong to the
state of Colorado and be paid to the department of revenue through
the division and become a part of its funds, and it shall not
be retained by the licensee under whose license such race meet
was held.
(h) (I) Fifty percent of the breakage
at any horse race meet shall be retained by the licensee under
whose license such horse race meet was held and the remainder
shall be paid as purses for the races conducted at such race meet.
(II) The breakage at any greyhound race
meet shall be retained by the licensee under whose license such
greyhound race meet was held.
(III) EXCEPT AS OTHERWISE PROVIDED IN
SUBPARAGRAPH (IV) OF THIS PARAGRAPH (g) OR IN SUBSECTION (4) OF
THIS SECTION, the breakage on any simulcast race of horses or
greyhounds received by an instate simulcast facility shall
be retained by the operator of such instate simulcast facility.
except that,
(IV) In the case of simulcast races of
horses received from an instate host track, fifty percent
of the breakage shall be paid to the licensee of such instate
host track within sixty days after the end of the race meet from
which such simulcast race was broadcast and the remainder shall
be paid as purses for the races conducted at such instate
host track.
(4) PURSUANT TO A VALID SIMULCASTING AGREEMENT,
AN OPERATOR OF AN INSTATE SIMULCAST FACILITY THAT RECEIVES
SIMULCAST SIGNALS OF HORSE OR GREYHOUND RACES HELD IN ANOTHER
STATE MAY:
(a) TAKE THE PERCENTAGE OF THE GROSS RECEIPTS
OF ANY PARIMUTUEL WAGERING ON SUCH SIMULCAST RACES AS IS
ALLOWABLE UNDER THE LAWS AND RULES OF SUCH OTHER STATE; AND
(b) ADOPT SUCH PROCEDURES FOR COMPUTATION
AND DISTRIBUTION OF BREAKAGE AS ARE ALLOWABLE UNDER THE LAWS AND
RULES OF SUCH OTHER STATE.".
Renumber succeeding sections accordingly.
SB99-173 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend reengrossed bill, page 5, line 10, strike "$685,000
$1,235,000" and substitute "$610,000 $1,160,000";
line 24, strike "$7,392,000 $18,442,000"
and substitute "$7,317,000 $18,367,000".
Page 14, after line 7, insert the following:
"SECTION 14. Repeal. 3760121.1
(2) (b), Colorado Revised Statutes, is repealed as follows:
3760121.1. Reserved rights
litigation fund. (2) (b) Notwithstanding
any provision of paragraph (a) of this subsection (2) to the contrary,
on July 1, 1998, the state treasurer shall deduct one million
dollars from the reserved rights litigation fund and transfer
such sum to the capital account of the species conservation trust
fund created in section 2433111 (2), C.R.S.
SECTION 15. 3760121
(2.5), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
3760121. Colorado water
conservation board construction fund creation of
nature of fund funds for investigations contributions
use for augmenting the general fund.
(2.5) (f) NOTWITHSTANDING ANY PROVISION OF PARAGRAPH
(a) OF THIS SUBSECTION (2.5) TO THE CONTRARY, ON JULY 1, 1999,
THE STATE TREASURER SHALL DEDUCT ONE MILLION DOLLARS FROM THE
LITIGATION ACCOUNT AND TRANSFER SUCH SUM TO THE CAPITAL ACCOUNT
OF THE SPECIES CONSERVATION TRUST FUND CREATED IN SECTION 2433111
(2), C.R.S.
SECTION 16. Cherry
Creek reservoir flood safety investigation appropriation.
(1) The Colorado water conservation board is hereby
authorized to expend up to seventyfive thousand dollars
($75,000) in cooperation with the national weather service, the
U.S. army corps of engineers, other state agencies, and agencies
of local governments to match nonstate funding for a technical
evaluation and public review of probable maximum precipitation
and probable maximum flood values associated with the Cherry Creek
reservoir.
(2) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the Colorado
water conservation board construction fund not otherwise appropriated,
to the Colorado water conservation board, the sum of seventyfive
thousand dollars ($75,000), or so much thereof as may be necessary,
to cause a technical evaluation and public review of probable
maximum precipitation and probable maximum flood values associated
with the Cherry Creek reservoir to be completed. The moneys appropriated
in this section shall remain available for the designated purpose
until the evaluation is completed.
SECTION 17. Water planning studies
appropriation. (1) Pursuant
to section 3929109 (1) (c) (I), Colorado Revised Statutes,
the Colorado water conservation board is hereby authorized to
expend up to two hundred twentyfive thousand dollars ($225,000)
to continue the implementation of local, regional, and statewide
water planning studies.
(2) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the operational
account of the severance tax trust fund not otherwise appropriated,
to the Colorado water conservation board, the sum of two hundred
twentyfive thousand dollars ($225,000), or so much thereof
as may be necessary, to continue the implementation of local,
regional, and statewide water planning studies in accordance with
section 3929109 (1) (c) (I), Colorado Revised Statutes.
The moneys appropriated in this section shall remain available
for the designated purpose until the studies are completed.".
Renumber succeeding sections accordingly.
HJR99-1037 be referred
out for final action.
HJR99-1046 be amended
as follows, and as so amended, be referred out for final action:
Amend printed resolution, page 1, strike lines 7
and 8, and substitute the following:
"cases where causation is clear; and";
strike line 10, and substitute the following:
"in other cases; and";
line 12, strike "small";
line 14, strike "small";
line 18, strike "small".
Page 2, line 1, strike "small";
line 3, strike "Small businesses" and substitute
"Businesses";
strike lines 6 through 8;
line 10, strike "small";
line 21, strike "small";
line 28, strike "small";
line 31, strike "small";
line 32, strike "small".
Page 1, line 102, strike "SMALL".
FINANCE
After consideration on the merits, the Committee
recommends the following:
HB99-1297 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Strike the State, Veterans, and Military Affairs
Committee Report, dated February 18, 1999, and substitute the
following:
"Amend printed bill, strike everything below
the enacting clause, and substitute the following:
"SECTION 1. 257105
(1) (a) (II), Colorado Revised Statutes, is amended, and the said
257105 is further amended BY THE ADDITION OF A NEW
SUBSECTION, to read:
257105. Duties of commission.
(1) Except as provided in sections 257130
and 257131, the commission shall promulgate such rules
and regulations as are consistent with the legislative declaration
set forth in section 257102 and necessary for the
proper implementation and administration of this article, including
but not limited to:
(a) (II) The comprehensive state
implementation plan of the commission shall, wherever feasible,
include local or regional air pollution plans and programs adopted
or enforceable by municipal or county governments ONLY WHEN SUCH
PLANS AND PROGRAMS ARE REQUIRED BY THE FEDERAL ACT TO ATTAIN OR
MAINTAIN NATIONAL AMBIENT AIR QUALITY STANDARDS. Before making
any changes to those portions of the state implementation plan
which
THAT include such air pollution plans and programs or to such
plans and programs which
THAT are suggested for inclusion in the state implementation plan,
the commission shall give thirty days' notice of the proposed
changes to the affected municipal or county government to allow
a reasonable opportunity to prepare comments on the proposed changes.
The commission shall consider such comments in its action on the
state implementation plan and shall document in the record of
the hearing its reasons for any changes to such plans and programs.
Any such plans and programs which
THAT are approved by the commission and formally submitted as
a part of the state implementation plan shall be deemed a part
of the comprehensive program of the commission and shall be enforced
as such.
(17) NO RULE OR REGULATION PROMULGATED
BY THE COMMISSION SHALL BE INCLUDED IN THE STATE IMPLEMENTATION
PLAN UNLESS SUCH RULE OR REGULATION IS REQUIRED BY THE FEDERAL
ACT TO ATTAIN OR MAINTAIN NATIONAL AMBIENT AIR QUALITY STANDARDS.
SECTION 2. 257133
(4) (b), Colorado Revised Statutes, is amended BY THE ADDITION
OF THE FOLLOWING NEW SUBPARAGRAPHS to read:
257133. Legislative review
and approval of state implementation plans and rules repeal.
(4) (b) On or before November 15 of each year,
the commission, in coordination with designated organizations
for air quality planning in local areas, shall provide the legislative
council:
(VI) A STATEMENT VERIFYING THAT THERE
ARE NO PROGRAMS INCLUDED IN THE STATE IMPLEMENTATION PROGRAM THAT
ARE NOT REQUIRED BY THE FEDERAL ACT TO ATTAIN OR MAINTAIN NATIONAL
AMBIENT AIR QUALITY STANDARDS; AND
(VII) A LIST AND DESCRIPTION OF PROGRAMS
IMPLEMENTED ON A STATE OR LOCAL BASIS DESIGNED TO EMPLOY STRATEGIES
TO PREVENT SIGNIFICANT DETERIORATION OF AIR QUALITY THAT ARE NOT
CONTAINED IN THE STATE IMPLEMENTATION PLAN.
SECTION 3. Appropriation. (1) For
the fiscal year beginning July 1, 1999, the appropriation to the
department of revenue from the AIR account is hereby reduced by
the sum of six hundred twenty-one thousand two hundred twenty-two
dollars ($621,222), and 10.9 FTE.
(2) For the fiscal year beginning July
1, 1999, the appropriation to the department of public health
and environment from the AIR account is hereby reduced by the
sum of seven hundred forty-eight thousand eight hundred fifty-eight
dollars ($748,858) and 8.2 FTE.
(3) In addition to any other appropriation,
there is hereby appropriated to the department of law, for the
fiscal year beginning July 1, 1999, the sum of thirty-five thousand
five hundred eighty-eight dollars ($35,588) in cash funds exempt,
or so much thereof as may be necessary, for the implementation
of this act. Of said sum, nineteen thousand three hundred seventy-five
dollars ($19,375) shall be from the department of revenue and
sixteen thousand two hundred thirteen dollars ($16,213) shall
be from the department of public health and environment.
SECTION 4. Effective
date. This act shall take effect at 12:01 a.m. on the day
following the expiration of the ninetyday period after final
adjournment of the general assembly that is allowed for submitting
a referendum petition pursuant to article V, section 1 (3) of
the state constitution; except that, if a referendum petition
is filed against this act or an item, section, or part of this
act within such period, then the act, item, section, or part,
if approved by the people, shall take effect on the date of the
official declaration of the vote thereon by proclamation of the
governor.".
Page 1, line 101, strike "PROGRAMS." and substitute "PROGRAMS, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".".
HB99-1363 be postponed
indefinitely.
HB99-1381 be referred
to the Committee on Appropriations with favorable recommendation.
HB99-1383 be referred to the Committee on Appropriations with favorable recommendation.
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has adopted and transmits herewith: SJR99-034.
The Senate has adopted and transmits herewith: SJR99-036,
amended as printed in Senate Journal, April 23, pages 933-934.
The Senate has adopted and transmits herewith: SJR99-046,
amended as printed in Senate Journal, April 23, page 935.
The Senate has adopted and transmits herewith: SJR99-048,
amended as printed in Senate Journal, April 23, page 934.
The Senate has adopted and transmits herewith: SJR99-049,
amended as printed in Senate Journal, April 23, pages 934-935.
The Senate has adopted and transmits herewith: SJR99-050,
amended as printed in Senate Journal, April 23, page 936.
The Senate has voted not to concur in House Amendments
to SB99-099 and requests that a Conference Committee be appointed.
The President appointed Senators Anderson, Chm., Wattenberg, and
Matsunaka as members of the First Conference Committee on the
part of the Senate. The bill is transmitted herewith.
The Senate has postponed indefinitely and returns herewith: HB991051 and 1126.
_______________
APPOINTMENTS TO CONFERENCE COMMITTEE
Pursuant to a request from the Senate, the Speaker appointed Representatives Taylor, Chairman, Kester and Miller as House conferees to the First Conference Committee on SB99-099.
_______________
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.
HB99-1348 by Representatives
May, George, Dean, Young, Hagedorn, Hefley, Hoppe, Kester, Larson,
Lawrence, McElhany, McKay, Paschall, Sinclair, Smith, Spradley,
Swenson, Taylor, Tool, Williams T., Witwer; also Senators Teck,
Powers, Blickensderfer, Feeley, Congrove, Hillman--Concerning
the communications and information technology committee, and making
an appropriation in connection therewith.
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 N 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 N 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 N | |||
Mr. Speaker Y |
Co-sponsors added: Representatives Allen, Lee, Plant, S.Williams.
HB99-1369 by Representatives
Scott, Clapp, King, May, Mitchell, Nuñez, Sinclair, Smith,
Witwer, Dean, Gordon, Gotlieb, Kaufman, Kester, Mace, Paschall;
also Senators Lacy, Congrove--Concerning the authority of the
state treasurer to issue state pension obligation notes for purposes
of paying in one lump sum the state's share of the unfunded liability
of certain state-assisted firefighters' and police officers' old
hire pension plans.
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 YBerry 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 N Zimmerman Y | |||
Mr. Speaker Y |
Co-sponsors added: Representatives Lee, McKay, Ragsdale.
HB99-1371 by Representative
Williams T.; also Senator Owen--Concerning the sale of an individual
health benefit plan to a business group of one self-employed applicant.
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 57 NO 8 EXCUSED 0 ABSENT 0
Alexander Y Allen Y Bacon Y Berry Y Chavez N Clapp Y Clarke N 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 N 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 N Tapia Y Tate N Taylor Y Tochtrop N Tool Y Tupa N Veiga Y Vigil N Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y | |||
Mr. Speaker Y |
Co-sponsors added: Representatives Coleman, Gotlieb, Hoppe, Lee,
May, McKay, Paschall, Scott, Spradley.
HB99-1377 by Representatives Plant, Grossman, Bacon, Gagliardi, Kaufman, Kester, Mace, Miller, Ragsdale, Scott, Sinclair, Tochtrop, Vigil, Zimmerman; also Senator Feeley--Concerning the addition of veterans' organizations registered under section 501 (c) (19) of the "Internal
Revenue Code of 1986", as amended, that sponsor
a special event, meeting, or other function in the state of Colorado
to the definition of charitable organization for purposes of the
sales and use tax exemption.
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 Hefley, Leyba, McKay, Tate, Tupa.
_______________
On motion of Representative Dean, HB99-1346, 1351, 1353, 1329 were added to the Special Orders Calendar.
_______________
On motion of Representative Hoppe, the House resolved itself into Committee of the Whole for consideration of Special Orders and she was called to the Chair to act as Chairman.
_______________
SPECIAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman
reported the titles of the following bills had been read (reading
at length had been dispensed with by unanimous consent), the bills
considered and action taken thereon as follows:
(Amendments to the committee amendment are to the
printed committee report which was printed and placed in the members'
bill file.)
HB99-1345 by Representative Spradley; also Senator Anderson--Concerning the state income tax credit for qualified costs incurred in the preservation of historic properties.
Amendment No. 1, Finance
Report, dated April 7, 1999, and placed in member=s
bill file; Report also printed in House Journal, April 9,
pages 1112-1113.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB99-1351 by Representatives
Mitchell, Hoppe; also Senator Teck--Concerning air pollution affecting
visibility.
Amendment No. 1, Health,
Environment, Welfare, & Institutions Report, dated April 7,
1999, and placed in member=s
bill file; Report also printed in House Journal, April 8, page
1096.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB99-1353 by Representatives
Gotlieb, Mitchell, George, Mace; also Senators Wham, Hernandez--Concerning
programs for persons convicted of a crime in another state.
Amendment No. 1, Judiciary
Report, dated April 8, 1999, and placed in member=s
bill file; Report also printed in House Journal, April 9,
page 1139.
Amendment No. 2, Appropriations
Report, dated April 22, 1999, and placed in member=s
bill file; Report also printed in House Journal, April 22, pages
1364-1365.
Amendment No. 3, by Representative
Gotlieb.
Amend printed bill, page 2, line 5, after "(1)"
insert "(a)";
line 6, after "CONVICTED" insert "OR
ACCUSED";
after line 9, insert the following:
"(b) THE GENERAL ASSEMBLY FURTHER
FINDS THAT ALTHOUGH COLORADO IS A SIGNATORY TO THE INTERSTATE
COMPACT FOR PAROLEE SUPERVISION, MORE INFORMATION CONCERNING OUTOFSTATE
OFFENDERS IS NECESSARY FOR THE PROTECTION OF THE CITIZENS OF COLORADO,
AND IT MAY BE NECESSARY TO FURTHER REGULATE PROGRAMS THAT PROVIDE
TREATMENT AND SERVICES TO SUCH PERSONS."
after line 11, insert the following:
"(a) "ADMINISTRATOR OF THE
INTERSTATE COMPACT" MEANS THE PERSON DESIGNATED BY THE
GOVERNOR PURSUANT TO SECTION 2460303 (5), C.R.S.,
WHO MANAGES THE INTERSTATE COMPACT PROCESS.";
line 12, strike "(a)" and substitute "(b)";
strike lines 21 and 22.
Page 3, line 5, strike "OR REHABILITATION"
and substitute "REHABILITATION, OR CRIMINAL HISTORYRELATED
TREATMENT";
strike lines 13 through 19, and substitute the following:
"EIGHTEEN YEARS WHO IS ACCUSED, ADJUDICATED,
OR CONVICTED OF A CRIME IN ANOTHER STATE BUT IS UNDER THE SUPERVISION
OF A PROBATION OFFICER OR PAROLE OFFICER IN COLORADO PURSUANT
TO THE INTERSTATE COMPACT.
(f) "UNSUPERVISED PERSON"
MEANS A PERSON OVER THE AGE OF EIGHTEEN YEARS WHO, ALTHOUGH NOT
UNDER THE JURISDICTION OF A PROBATION OFFICER OR PAROLE OFFICER
IN COLORADO, IS ACCUSED, ADJUDICATED, OR CONVICTED OF A CRIME
OUTSIDE OF THE STATE";
line 20, strike "WHO" and substitute "AND";
line 26, after "SUPERVISED" insert "OR
UNSUPERVISED".
Page 4, line 1, after "SUPERVISED" insert
"OR UNSUPERVISED";
line 4, after "SUPERVISED" insert "OR
UNSUPERVISED";
line 6, strike "COLORADO BUREAU OF" and
substitute "ADMINISTRATOR OF THE INTERSTATE COMPACT;";
strike line 7;
line 8, strike "HAS" and substitute "IF
THE PERSON IS UNSUPERVISED, HAS", and strike "COMMISSIONER"
and substitute "ADMINISTRATOR OF THE INTERSTATE COMPACT";
line 9, strike "SUPERVISED" insert "UNSUPERVISED";
strike lines 20 through 22, and substitute the following:
"(c) IF THE PERSON IS SUPERVISED,
HAS CONFIRMED THAT THE SENDING STATE HAS PROVIDED ALL INFORMATION
CONCERNING THE SUPERVISED PERSON REQUIRED BY THE INTERSTATE COMPACT
TO THE ADMINISTRATOR OF THE INTERSTATE COMPACT.";
strike lines 23 through 26.
Page 5, strike lines 1 through 3 and substitute the
following:
"(6) (a) PURSUANT TO CRITERIA
ESTABLISHED BY THE INTERSTATE COMPACT AND PARAGRAPH (a) OF SUBSECTION
(10) OF";
line 4, strike "COMMISSIONER" and substitute
"ADMINISTRATOR OF THE INTERSTATE COMPACT", and after
"EITHER" insert "ACCEPT OR";
line 5, after "SUPERVISED" insert "OR
UNSUPERVISED" and strike "PROGRAM OR" and substitute
"PROGRAM.";
strike lines 6 though 12, and substitute the following:
"(b) IF THE ADMINISTRATOR OF THE
INTERSTATE COMPACT ACCEPTS THE PLACEMENT OF THE SUPERVISED OR
UNSUPERVISED PERSON, THE ADMINISTRATOR SHALL IMMEDIATELY NOTIFY
THE APPROPRIATE CHIEF LAW ENFORCEMENT OFFICIAL AND THE DIRECTOR
OF THE COLORADO BUREAU OF INVESTIGATION.";
line 18, strike "MAY" and substitute "SHALL",
and after "SUPERVISED" insert "OR UNSUPERVISED";
strike lines 21 through 25.
Renumber succeeding sections accordingly.
Page 6, line 2, after "LOCATED" insert
"AND, IF SUPERVISED, THE PERSON'S PROBATION OR PAROLE OFFICER";
line 6, after "LOCATED" insert "AND,
IF SUPERVISED, THE PERSON'S PROBATION OR PAROLE OFFICER";
after line 17, insert the following:
"(10) (a) IN ADDITION TO ANY OTHER
DUTIES, THE ADMINISTRATOR OF THE INTERSTATE COMPACT SHALL PROMULGATE
RULES GOVERNING UNSUPERVISED PERSONS INCLUDING BUT NOT LIMITED
TO THEIR IDENTIFICATION AND STANDARDS FOR THEIR ACCEPTANCE OR
REJECTION INTO A PRIVATE TREATMENT PROGRAM IN COLORADO.
(b) IN ADDITION TO ANY OTHER DUTIES, THE
DEPARTMENTS REFERENCED IN SECTION 1611.5102 (1), C.R.S.,
SHALL DEVELOP PROPOSED LEGISLATION GOVERNING THE LICENSING OF
PRIVATE TREATMENT FACILITIES.
(11) THIS SECTION IS REPEALED, EFFECTIVE
JULY 1, 2001.".
Amendment No. 4, by Representative
Gotlieb.
Amend the Amendment No. 3, by Representative Gotlieb,
printed in House Journal page 1436, strike line 36 and substitute
the following:
"line 6, strike "CONVICTED OF" and
substitute "THAT HAVE BEEN CONVICTED OF OR HAVE AGREED TO
A DEFERRED PROSECUTION FOR";".
Page 1437 of the proposed amendment, line 6, after
"OF", insert "OR HAS AGREED TO A DEFERRED PROSECUTION
FOR";
line 14 of the proposed amendment, after the first
"OF", insert "OR HAS AGREED TO A DEFERRED PROSECUTION
FOR".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB99-1329 by Representative Dean; also Senator Lacy--Concerning regulation of bail bonding agents, and, in connection therewith, requiring bail bonding agents for surety companies to post a bond and requiring cash bonding agents to be licensed.
Amendment No. 1, Judiciary
Report, dated April 8, 1999, and placed in member=s
bill file; Report also printed in House Journal, April 9,
pages 1136-1139.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB99-1345 amended, 1351
amended, 1353 amended, 1329 amended.
The Chairman moved the adoption of the Committee
of the Whole Report. As shown by the following roll call vote,
a majority of those elected to the House voted in the affirmative,
and the Report was adopted.
YES 65 NO 0 EXCUSED 0 ABSENT 0
Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y | Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y | Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y | Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y | |||
Mr. Speaker Y |
______________
CONSIDERATION OF RESOLUTION
HJR99-1052 by Representative
Mace; also Senator Hernandez--Concerning National Civility Week.
(Printed and placed in member=s
files; also printed in House Journal April 15, pages 1280-1281.)
On motion of Representative Mace, the resolution
was read at length and adopted by viva voce vote.
Co-sponsors added: Roll call of the House.
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB99-1132.
______________
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title and
referred to the committees indicated:
SJR99-034 by Senators Linkhart, Andrews, Arnold, Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Martinez, Matsunaka, Musgrave, Nichol, Pascoe, Phillips, Reeves, Rupert, Sullivant, Tanner, Teck, Thiebaut, Weddig, Wham; also Representatives Alexander, Hefley, Johnson, Keller, Larson, Lawrence, Morrison, Tochtrop, S. Williams, Witwer;--Concerning the creation of an interim committee to study child care.
Committee on Appropriations
SJR99-036 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning an interim committee task force to study the state juvenile corrections system.
Committee on Appropriations
SJR99-046 by Senators Sullivant, Andrews, Chlouber, Dennis, Dyer, Evans, Feeley, Linkhart, Matsunaka, Owen, Pascoe, Perlmutter, Phillips, Rupert, Teck, Wattenberg, Weddig, Wham; also Representatives George, Plant, Scott, Witwer, Decker, Gordon, Grossman, Johnson, Kaufman, Lee, McKay, Morrison, Paschall, Ragsdale, Saliman, Spence, Swenson, Tapia, Tate, Tochtrop, Tool, Tupa, Vigil, Zimmerman--Concerning an interim study on development and growth.
Committee on Appropriations
SJR99-048 by Senators Teck, Powers, Sullivant, Feeley; also Representative Swenson--Concerning an interim study of the need to conduct a fiscal study of state and local governments.
Committee on Appropriations
SJR99-049 by Senator Chlouber; also Representatives Coleman, Takis, Tate--Concerning an interim study of telecommunications issues.
Committee on Appropriations
SJR99-050 by Senator Lamborn; also Representative Spradley--Concerning an interim committee on business personal property tax.
Committee on Appropriations
_______________
House in recess. House reconvened.
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and returns
herewith HB991088, 1238, 1247, 1330, and 1342.
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes: SB99-226 and 227;
SB99-221, amended as printed in Senate Journal, April 23, page 931;
SB99-222, amended as printed in Senate Journal, April 20, page 871;
SB99-229, amended as printed in Senate Journal, April 23, page 932;
HB99-1024, amended as printed in Senate Journal, April 23, pages 913914, and on Third Reading as printed in Senate Journal, April 26;
HB99-1031, amended as printed in Senate Journal, April 23, page 913;
HB99-1039, amended as printed in Senate Journal, April 23, pages 911913;
HB99-1164, amended as printed in Senate Journal, April 23, pages 936937;
HB99-1203, amended as printed in Senate Journal, April 23, page 914;
HB99-1250, amended as printed in Senate Journal, April 23, pages 915916;
HB99-1289, amended as printed in Senate Journal, April 23, pages 938939;
HB99-1293, amended as printed in Senate Journal, April 23, page 937;
HB99-1299, amended as printed in Senate Journal, April 23, pages 937938.
_______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, SB99-226 and 227; and, without comment, as amended, SB99-221, 222, 229, HB99-1024, 1031, 1039, 1164, 1203, 1250, 1289, 1293, and 1299.
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
SB99-221 by Senator Lamborn; also Representative Dean--Concerning the amendment of the declarations of a common interest community by petition to the district court.
Committee on Local Government
SB99-222 by Senator Blickensderfer; also Representative Dean--Concerning the provision of a standard of care for hospital enterprises for electronic computing device failures associated with the year 2000 date change.
Committee on Business Affairs & Labor
SB99-227 by Senators Owen, Lacy, Tanner; also Representatives Tool, Berry, Saliman-Concerning the authority to administer line-item appropriations, and, in connection therewith, extending for an additional time period existing authority for limited transfers between such appropriations and existing administrative authority to overexpend such appropriations.
Committee on Appropriations
SB99-229 by Senators Teck, Andrews, Matsunaka; also Representative Allen--Concerning the statewide goals under the "Higher Education Quality Assurance Act".
Committee on Education
_______________
On motion of Representative Dean, HB99-1085, 1093, 1373, SB99-210, 217, 130, 150, 040, 164 shall be made Special Orders on Monday, April 26, 1999, at 3:14 p.m.
_______________
The hour of 3:14 p.m., having arrived, on motion
of Representative Hoppe, the House resolved itself into Committee
of the Whole for consideration of Special Orders and she was called
to the Chair to act as Chairman. _______________
SPECIAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman
reported the titles of the following bills had been read (reading
at length had been dispensed with by unanimous consent), the bills
considered and action taken thereon as follows:
(Amendments to the committee amendment are to the
printed committee report which was printed and placed in the members'
bill file.)
HB99-1085 by Representative
Lawrence; also Senator Anderson--Concerning the
asset test for determining eligibility for children under the
medical assistance program, and making an appropriation therefor.
Amendment No. 1, Health,
Environment, Welfare, & Institutions Report, dated February
1, 1999, and placed in member=s
bill file; Report also printed in House Journal, February 3, pages
309-310.
Amendment No. 2, Appropriations
Report, dated April 23, 1999, and placed in member=s
bill file; Report also printed in House Journal, April 23,
pages 1418-1421.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB99-1093 by Representative
Lawrence; also Senator Anderson--Concerning additional
funds for the children's basic health plan, and making an appropriation
therefor.
Referred to the Committee on Finance.
HB99-1373 by Representatives
Tool, Saliman; also Senators Lacy, Tanner--Concerning a family
planning pilot program for low-income individuals, and making
an appropriation in connection therewith.
Amendment No. 1, Health,
Environment, Welfare, & Institutions Report, dated April 19,
1999, and placed in member=s
bill file; Report also printed in House Journal, April 22, pages
1350-1351.
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
SB99-217 by Senator
Anderson; also Representative Spradley--Concerning the authority
of nonbank subsidiaries of bank holding companies to underwrite
insurance in Colorado.
Ordered revised and placed on the Calendar for Third
Reading and Final Passage.
SB99-130 by Senator
Wham; also Representative Kaufman--Concerning substantive changes
for the strengthening of the juvenile laws.
Amendment No. 1, by Representative
Kaufman.
Amend reengrossed bill, page 9, line 11, strike "TWO
YEARS" and substitute "ONE HUNDRED EIGHTY DAYS";
line 16, strike "one"
and substitute "one";
line 17, strike "hundred
eighty days TWO YEARS" and substitute
"hundred eighty days";
line 20, strike "ONE HUNDRED EIGHTY" and
substitute "NINETY".
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
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.
Amendment No. 1, Judiciary
Report, dated April 20, 1999, and placed in member=s
bill file; Report also printed in House Journal, April 20, pages 1351-1352.
Amendment No. 2, by Representative
George.
Amend Judiciary Committee Report, dated April 20,
1999, page 2, strike line 2, and substitute the following:
"strike lines 14 and 15, and substitute the following:
"COLORADO RULES OF CIVIL PROCEDURE AGAINST ALL OF THE ASSETS OF A".".
Amendment No. 3, by Representatives
Mitchell and George.
Amend reengrossed bill, page 4, after line 11, insert
the following:
"(3) THE STANDARD OF PROOF FOR ESTABLISHING
LIABILITY UNDER THIS SECTION SHALL BE BY CLEAR AND CONVINCING
EVIDENCE.".
Renumber succeeding subsection accordingly.
Amendment No. 4, by Representative
George.
Amend reengrossed bill, page 4, line 3, after "(2)"
insert "(a)";
line 5, strike "(a)" and substitute "(I)";
line 8, strike "(b)" and substitute "(II)";
after line 11, insert the following:
"(b) NOTHING IN THIS SECTION SHALL BE DEEMED TO AUTHORIZE A SUIT AGAINST AN EMPLOYER OF A PERSON DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (2) IF THE EMPLOYER HAD NO KNOWLEDGE OF THE ACTIONS OF THE PERSON GIVING RISE TO THE CLAIM UNDER THIS SECTION.".
Amendment No. 5, by Representative
Gordon.
Amend reengrossed bill, page 6, line 24, after "CONVICTION",
insert "BASED ON THE SAME CIRCUMSTANCES THAT ARE THE BASIS
FOR THE CLAIM FOR DAMAGES. SAID CONVICTION MUST BE".
Amendment No. 6, by Representative
Gordon.
Amend reengrossed bill, page 2, line 21, strike "AWAY
OR OFFER TO TRANSPORT," and substitute "AWAY,".
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB99-164 by Senator
Tebedo; also Representative Sinclair--Concerning an increase in
the weight limitation for special license plates for certain vehicles.
Ordered revised and placed on the Calendar for Third
Reading and Final Passage.
SB99-210 by Senator
Perlmutter; also Representative Witwer--Concerning acceptable
proof of ability to pay a judgment for self-insurers.
Amendment No. 1, Business
Affairs & Labor Report, dated April 20, 1999, and placed in
member=s
bill file; Report also printed in House Journal, April 22, pages
1349-1350.
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
On motion of Representative Dean, Consideration of SB99-040 was laid over until April 27, retaining place on Calendar.
_______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representative Allen moved to amend the Report of
the Committee of the Whole to show that HB991085, as
amended, did not pass.
The amendment was declared lost by the following
roll call vote:
YES 25 NO 40 EXCUSED 0 ABSENT 0
Alexander N Allen Y Bacon N Berry N Chavez N Clapp Y Clarke N Coleman N Dean Y Decker Y Fairbank N Gagliardi N Gordon N Gotlieb N Grossman N Hagedorn N | Hefley Y Hoppe N Johnson N Kaufman N Keller N Kester Y King Y Larson N Lawrence N Lee Y Leyba N Mace N May Y McElhany Y McKay Y McPherson Y | Miller N Mitchell N Morrison N Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman N Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y | Takis N Tapia N Tate N Taylor Y 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 |
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB99-1085 amended, 1373
amended, SB99217, 130 amended, 150 amended, 164, 210 amended.
Laid over until date indicated retaining place on Calendar:
SB99-040--April 27, 1999.
Referred to Committee indicated: HB99-1093--Committee
on Finance.
The Chairman moved the adoption of the Committee
of the Whole Report. As shown by the following roll call vote,
a majority of those elected to the House voted in the affirmative,
and the Report was adopted.
YES 65 NO 0 EXCUSED 0 ABSENT 0
Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp YClarke 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 |
______________
CONSIDERATION OF CONFERENCE COMMITTEE REPORT
SB99-072 by Senator
Nichol; also Representative Kaufman--Concerning requirements for
access to the primary election ballot by petition.
(First Conference Committee Report printed in House
Journal April 20, page 1344. The report requested that the First
Conference Committee be discharged and that a Second Conference
Committee be appointed.)
The Conference Committee Report was adopted
by the following roll call vote:
YES 64 NO 0 EXCUSED 1 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 E Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y | |||
Mr. Speaker Y |
The first Conference Committee was discharged and
the Speaker appointed Representatives Kaufman Chairman, T.Williams
and Leyba as House conferees to the Second Conference Committee.
_______________
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILL
HB99-1158 by Representatives
Morrison, May, McElhany, Swenson, S. Williams; also Senators Reeves,
Evans, Teck--Concerning the operation of motor vehicles by persons
under eighteen years of age, and, in connection therewith, establishing
certain driving restrictions for persons with minor driver's licenses.
(Amended as printed in Senate Journal, April 22,
pages 897-899.)
Representative Morrison moved that the House concur
in Senate amend-ments. The motion was declared passed by
the following roll call vote:
YES 64 NO 0 EXCUSED 1 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 E Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y | |||
Mr. Speaker Y |
The question being, "Shall the bill, as amended, pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative, and the bill, as amended, was declared repassed.
YES 60 NO 4 EXCUSED 1 ABSENT 0
Alexander Y Allen N Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb YGrossman Y Hagedorn Y | Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester N 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 N Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith N Spence Y Spradley Y Stengel Y Swenson Y | Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa E 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, Gotlieb, Hefley, Ragsdale, T.Williams, Zimmerman.
_______________
On motion of Representative Dean, SB99-020, 048, 065, 079, 083, 093, 096, 116, 147, 165, 169 shall be made Special Orders on Monday, April 26, 1999, at 4:36 p.m.
_______________
The hour of 4:36 p.m., having arrived, on motion of Representative Hoppe, the House resolved itself into Committee of the Whole for consideration of Special Orders and she was called to the Chair to act as Chairman.
_______________
SPECIAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman
reported the titles of the following bills had been read (reading
at length had been dispensed with by unanimous consent), the bills
considered and action taken thereon as follows:
(Amendments to the committee amendment are to the
printed committee report which was printed and placed in the members'
bill file.)
SB99-020 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.
Amendment No. 1, by Representative
Zimmerman.
Amend reengrossed bill, page 4, after line 8, insert
the following:
"(6) THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF PUBLIC SAFETY SHALL REPORT BY NOVEMBER 1 OF EACH
YEAR TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY ON
ALL GRANTS OF MONEYS FROM THE FUND MADE IN THE PRECEDING FISCAL
YEAR. SUCH REPORT SHALL INCLUDE THE CRITERIA USED TO AWARD GRANTS,
THE NUMBER OF GRANT APPLICATIONS RECEIVED, THE NUMBER OF GRANTS
MADE, THE AMOUNT OF EACH GRANT, THE SPECIFIC PURPOSE FOR THE GRANT,
AND THE AMOUNT OF LOCAL FUNDING CONTRIBUTED FOR EACH GRANT.".
Renumber succeeding subsection accordingly.
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
SB99-048 by Senator
Blickensderfer; also Representative McPherson--Concerning the
crime of motor vehicle theft.
Amendment No. 1, by Representative
McPherson.
Amend reengrossed bill, page 5, line 4, strike "misdemeanor
and the final fiscal" and substitute "misdemeanor; and";
strike lines 5 through 7.
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
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.
Ordered revised and placed on the Calendar for Third
Reading and Final Passage.
SB99-079 by Senator
Owen; also Representative Witwer--Concerning parking provisions
for persons with physical disabilities, and making an appropriation
in connection therewith.
Amendment No. 1, Appropriations
Report, dated April 23, 1999, and placed in member=s
bill file; Report also printed in House Journal, April 23,
page 1422.
Amendment No. 2, by Representative
Witwer.
Amend printed bill, page 11, line 16, after "authorized",
insert "AND UNIFORMED".
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB99-083 by Senator
Owen; also Representative Berry--Concerning the establishment
of foreign capital depositories in Colorado, and making an appropriation
in connection therewith.
Amendment No. 1, Business
Affairs & Labor Report, dated April 20, 1999, and placed in
member=s
bill file; Report also printed in House Journal, April 23, pages
1397-1398.
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB99-093 by Senator Dennis; also Representatives Dean, Kester--Concerning the establishment of a program of state grants to publicly-supported libraries for the purchase of educational resources, and making an appropriation therefor.
Amendment No. 1, Education
Report, dated April 22, 1999, and placed in member=s
bill file; Report also printed in House Journal, April 22, page 1366.
Amendment No. 2, Appropriations
Report, dated April 23, 1999, and placed in member=s
bill file; Report also printed in House Journal, April 23,
pages 1422-1423.
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB99-096 by Senator
Rupert; also Representative Morrison--Concerning female genital
mutilation, and making an appropriation in connection therewith.
Amendment No. 1, Appropriations
Report, dated April 23, 1999, and placed in member=s
bill file; Report also printed in House Journal, April 23,
page 1415.
Amendment No. 2, by Representative
Morrison.
Amend reengrossed bill, page 3, line 2, strike "CIRCUMCISION,";
line 3, strike "EXCISION," and substitute
"EXCISION".
Page 5, line 4, strike "CIRCUMCISES, EXCISES,"
and substitute "EXCISES";
line 10, strike "CIRCUMCISION, EXCISION,"
and substitute "EXCISION".
Amendment No. 3, by Representative
Morrison.
Amend reengrossed bill, page 5, line 5, strike "CHILD,"
and substitute "CHILD.";
strike line 6;
line 7, strike "WITHIN THIS STATE.";
line 11, strike "CLITORIS," and substitute
"CLITORIS.";
strike lines 12 and 13.
Amendment No. 4, by Representative
Morrison.
Amend reengrossed bill, page 2, line 17, strike "PUBLIC"
and substitute "APPROPRIATE COMMUNITIES".
Page 3, line 12, strike "GENERAL PUBLIC"
and substitute "APPROPRIATE COMMUNITIES";
line 18, strike "THE GENERAL PUBLIC"
and substitute "OTHER APPROPRIATE COMMUNITIES".
Page 4, after line 17, insert the following:
"2530104. Repeal of
article. EFFECTIVE JULY 1, 2004, THIS ARTICLE SHALL BE REPEALED.".
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB99-116 by Senators
Grampsas, Feeley; also Representatives Pfiffner, Windels, Witwer-Concerning
an increase in the number of district judges in the first judicial
district, and making an appropriation therefor.
Amendment No. 1, Appropriations
Report, dated April 23, 1999, and placed in member=s
bill file; Report also printed in House Journal, April 23,
page 1415.
As amended, ordered revised and placed on the Calendar
for Third Reading and Final Passage.
SB99-147 by Senator
Tanner; also Representative Tool--Concerning increases in travel
benefits for service in court proceedings, and making an appropriation
therefor.
Ordered revised and placed on the Calendar for Third
Reading and Final Passage.
SB99-165 by Senator
Rupert; also Representative McElhany--Concerning funding of the
reading services for the blind cash fund, and making an appropriation
therefor.
Ordered revised and placed on the Calendar for Third
Reading and Final Passage.
SB99-169 by Senator
Wattenberg; also Representative George--Concerning expense reimbursement
for members of the electricity advisory panel.
Ordered revised and placed on the Calendar for Third Reading and Final Passage.
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: SB99-020 amended, 048 amended,
065, 079 amended, 083 amended, 093 amended, 096 amended,
116 amended, 147, 165, 169.
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 64 NO 0 EXCUSED 1 ABSENT 0
Alexander Y Allen Y Bacon YBerry 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 E Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y | |||
Mr. Speaker Y |
______________
CONSIDERATION OF RESOLUTIONS
SJR99-037 by Senator
Wham; also Representative Lawrence--Concerning the continued development
and maintenance of an oral history library of the Colorado General
Assembly.
(Printed and placed in member=s
files.)
Amendment No. 1, moved
by Representative Lawrence.
Amend engrossed joint resolution, page 2, after line
5, insert the following:
"(2) That members of the public be
allowed to purchase copies of the audiotapes contained in the
oral history library of the General Assembly pursuant to requirements
and procedures to be adopted by the Executive Committee of the
Legislative Council.";
line 6, strike "(2)" and substitute "(3)".
The amendment was declared passed by the following
roll call vote:
YES 64 NO 0 EXCUSED 1 ABSENT 0
Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb YGrossman Y Hagedorn Y | Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y | Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y | Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa E Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y | |||
Mr. Speaker Y |
On motion of Representative Lawrence, the resolution
as amended was adopted by viva voce vote.
Co-sponsors added: Representatives Allen, Chavez,
Gotlieb, Hagedorn, Hoppe, Kaufman, Larson, Leyba, Mace, Miller,
Mitchell, Pfiffner, Plant, Swenson, Tochtrop, Mr. Speaker.
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.
(Printed and placed in member=s
files.)
On motion of Representative Veiga, the resolution
was adopted by viva voce vote.
Co-sponsors added: Roll call of the House.
SJR99-047 by Senator
Wattenberg; also Representative Young--Concerning the reestablishment
of economic parity.
Referred to the Committee on Agriculture, Livestock, & Natural Resources.
_______________
REPORTS OF COMMITTEES OF REFERENCE
EDUCATION
After consideration on the merits, the Committee
recommends the following:
SB99-163 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
17;
line 18, strike "(4)" and substitute "(3)".
Page 4, line 5, strike "INSTITUTE," and
substitute "INSTITUTE";
strike lines 6 and 7 and substitute the following:
"SHALL DEVELOP OPERATIONAL";
line 17, strike "ORGANIZE" and substitute
"SUPPORT";
line 21, strike "DEVELOP," and substitute
"SUBJECT TO THE APPROVAL OF THE COLORADO COMMISSION ON HIGHER
EDUCATION, DEVELOP,";
line 24, strike "MASTERS" and substitute "POSTGRADUATE".
Page 5, strike lines 18 through 25 and substitute
the following:
"2320.3103. Administration.
AN EXECUTIVE DIRECTOR OF THE INSTITUTE SHALL BE APPOINTED BY THE
PRESIDENT OF THE UNIVERSITY OF COLORADO WITH THE CONCURRENCE OF
THE REGENTS OF THE UNIVERSITY OF COLORADO AND SHALL REPORT TO
THE PRESIDENT OF THE UNIVERSITY OF COLORADO.".
Page 6, strike lines 4 through 7, and substitute the following:
"2320.3104. Advisory
board. (1) AN ADVISORY BOARD IS HEREBY CREATED
THAT WILL PLAY A SIGNIFICANT ROLE IN THE";
line 15, strike "AND";
line 18, strike "INSTITUTE." and substitute
"INSTITUTE; AND
(2) THE ADVISORY BOARD SHALL DELIVER AN
ANNUAL REPORT TO THE RESPECTIVE GOVERNING BOARDS AND THE COLORADO
COMMISSION ON HIGHER EDUCATION.";
line 19, strike "(2) THE GOVERNING"
and substitute "(3) THE ADVISORY".
Renumber succeeding subsections accordingly.
Page 6, strike lines 20 through 22 and substitute the following:
"(a) THE PRESIDENT OF THE UNIVERSITY
OF COLORADO, WHO SHALL BE THE CHAIRPERSON OF THE ADVISORY BOARD;";
line 24, strike "PARTICIPATING" and
substitute "CHOOSING TO PARTICIPATE";
line 26, strike "PARTICIPATING" and
substitute "CHOOSING TO PARTICIPATE".
Page 7, line 1, strike "GOVERNING" and
substitute "ADVISORY";
line 2, strike "GOVERNING" and substitute
"ADVISORY";
line 3, strike "AND THREE" and substitute
"FOUR";
line 4, strike "PROVIDERS." and substitute
"PROVIDERS, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
OF HIGHER EDUCATION OR HIS OR HER DESIGNEE.";
line 5, strike "GOVERNING" and substitute
"ADVISORY";
line 6, strike "GOVERNING" and substitute
"ADVISORY";
strike lines 8 through 14;
line 18, strike "GOVERNING" and substitute
"ADVISORY";
line 24, strike "FOR";
line 25, strike "SUBMISSION" and substitute "AND" and strike "EDUCATION." and substitute "EDUCATION FOR CONCURRENCE.".
Page 8, line 1, strike "GOVERNING" and
substitute "ADVISORY";
strike line 5, and substitute the following:
"INSTITUTE CONSISTENT WITH THE POLICIES OF THE
REGENTS OF THE UNIVERSITY OF COLORADO AND THE COLORADO COMMISSION
ON HIGHER EDUCATION.".
strike lines 13 through 21.
Renumber succeeding section accordingly.
Page 1, strike lines 102 and 103 and substitute the following:
"TELECOMMUNICATION.".
SB99-203 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend reengrossed bill, page 3, strike lines 6 through
18 and substitute the following:
"It is the intent of the general assembly that
the number of education programs offered at state institutions
of higher education be reduced by the academic year 1989
2001. Not later than March 30, 1986,
JULY 1, 2001, the commission shall present to the general
assembly HOUSE AND SENATE EDUCATION
COMMITTEES a report on its decisions on the closure, consolidation,
centralization, and reduction of duplication of undergraduate
and graduate programs in education. In arriving at these
ITS decisions, the commission shall consider population, education,
geographic service area, and economic factors. THE COMMISSION
SHALL CONDUCT ITS REVIEW OF UNDERGRADUATE AND GRADUATE PROGRAMS
IN EDUCATION PURSUANT TO THIS SECTION SIMULTANEOUSLY WITH THE
CONTENT REVIEW OF TEACHER PREPARATION PROGRAMS REQUIRED
PURSUANT TO SECTION 231121. The governing
boards shall be required to implement these
directives ANY DIRECTIVES ARISING
FROM THE REVIEW OF PROGRAMS PURSUANT TO THIS SECTION AND SECTION
231121 not later than September 1, 1989
2001.".
SB99-219 be referred
to the Committee of the Whole with favorable recommendation.
HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS
After consideration on the merits, the Committee
recommends the following:
SB99-224 be referred
to the Committee of the Whole with favorable recommendation.
LOCAL GOVERNMENT
After consideration on the merits, the Committee
recommends the following:
HB99-1185 be postponed
indefinitely.
HB99-1300 be postponed
indefinitely.
HB99-1361 be postponed indefinitely.
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB99-1010, 1234, 1312, 1342.
______________
DELIVERY OF BILL TO GOVERNOR
The Chief Clerk of the House of Representatives reports the following bill has been delivered to the Office of the Governor: HB99-1132 at 3:10 p.m. on April 26, 1999.
_______________
MESSAGES FROM THE SENATE
Mr. Speaker:
The Senate voted to concur in House amendments to
SB99-004, 051, 119, and 153, and repassed the bills as amended.
The Senate has voted not to concur in House Amendments
to SB99-022 and requests that a Conference Committee be appointed.
The President pro tem appointed Senators Wham, Chm., Epps,
and Reeves as members of the First Conference Committee on the
part of the Senate. The bill is transmitted herewith. The Senate
granted permission to members of the First Conference Committee
on SB99-022 to consider matters not at issue between the two houses.
The Senate has voted not to concur in House Amendments to SB99-039 and requests that a Conference Committee be appointed. The President pro tem appointed Senators Tebedo, Chm., Arnold, and Hernandez as members of the First Conference Committee on the part of the Senate. The bill is transmitted herewith.
_________
The Senate has passed on Third Reading and returns
herewith HB991181 and 1206.
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes:
SCR99-002, amended as printed in Senate Journal, Apri1 23, pages 930931;
HB99-1030, amended as printed in Senate Journal, April 23, page 914;
HB99-1179, amended as printed in Senate Journal, April 23, page 915.
_______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended, SCR99-002, HB99-1030 and 1179.
______________
INTRODUCTION OF BILL
First Reading
The following bill was read by title and referred
to the committees indicated:
SB99-226 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman-Concerning consolidated child care services, and making an appropriation in connection therewith.
Committee on Health, Environment, Welfare, & Institutions
Committee on Appropriations
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, the following items
on the Calendar were laid over until April 27, retaining place
on Calendar:
Consideration of Resolutions--HJR99-1039, 1048, 1050, 1054, SJR99032.
Consideration of Memorials--HM99-1002, 1003, SJM99-004.
Consideration of Senate Amendments--HB99-1108.
_______________
On motion of Representative Dean, the House adjourned
until 9:00 a.m., April 27, 1999.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk