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-eleventh Legislative Day Monday, April 26, 1999

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