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

Twenty-seventh Legislative Day Monday, February 1, 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--63.

Absent and excused--Representatives Nuñez, Spradley--2.

The Speaker declared a quorum present.

_______________

On motion of Representative Gagliardi, the reading of the journal of January 29, 1999, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEE OF REFERENCE

FINANCE

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

HB99-1008 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 1, line 8, strike "1999" and substitute "2000";

line 12, strike "1999" and substitute "2000".

Page 2, line 14, strike "1999" and substitute "2000";

line 16, strike "1999" and substitute "2000".


HB99-1011 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 7, line 15, after "DIVIDE", insert "THE PRODUCT OF ONE HUNDRED AND FIVE PERCENT TIMES";

line 23, strike "FIVE" and substitute "FIFTEEN".

Page 8, line 12, strike "REFUNDED." and substitute "REFUNDED TIMES ONE HUNDRED AND FIVE PERCENT.".

Page 10, line 11, after "TO", insert "DOUBLE";

line 13, strike "(4) MULTIPLIED BY TWO;" and substitute "(4);";

line 21, after "TO", insert "DOUBLE";

line 22, strike "(4)" and substitute "(4);";

strike line 23.

Page 11, line 5, after "TO", insert "DOUBLE";

line 6, strike "(4) MULTIPLIED BY TWO." and substitute "(4).".

Page 15, line 16, after "YEAR.", insert "TO DETERMINE THE PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR ANY GIVEN FISCAL YEAR, THE EXECUTIVE DIRECTOR SHALL DIVIDE THE AVERAGE OF THE CONSUMER PRICE INDICES PUBLISHED FOR PERIODS FALLING DURING THE GIVEN FISCAL YEAR BY THE AVERAGE OF THE CONSUMER PRICE INDICES PUBLISHED FOR PERIODS FALLING DURING THE PREVIOUS FISCAL YEAR.".

Page 17, line 2, strike "REFUNDED." and substitute "REFUNDED TIMES ONE HUNDRED AND FIVE PERCENT.".

Page 18, line 17, strike "FIVE" and substitute "FIFTEEN".

Page 19, line 2, strike "REFUNDED." and substitute "REFUNDED TIMES ONE HUNDRED AND FIVE PERCENT.";

after line 2, insert the following:

"(15)  AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, "EXCESS STATE REVENUES REQUIRED TO BE REFUNDED" MEANS THE TOTAL COMBINED AMOUNT OF:

(a)  EXCESS REVENUES THAT VOTERS STATEWIDE HAVE NOT AUTHORIZED THE STATE TO RETAIN AND SPEND AND THAT ARE REQUIRED TO BE REFUNDED PURSUANT TO SECTION 20 (7) (d) OF ARTICLE X OF THE STATE CONSTITUTION FOR ANY GIVEN FISCAL YEAR; AND

(b)  EXCESS REVENUES THAT VOTERS STATEWIDE DID NOT AUTHORIZE THE STATE TO RETAIN AND SPEND AND THAT WERE REQUIRED TO BE REFUNDED PURSUANT TO SECTION 20 (7) (d) OF ARTICLE X OF THE STATE CONSTITUTION FOR ANY FISCAL YEAR PRIOR TO A GIVEN FISCAL YEAR THAT WERE NOT REFUNDED BY THE STATE AS REQUIRED.".


HB99­1207 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 1, line 8, strike "1999" and substitute "2000".

Page 2, line 1, strike "1999" and substitute "2000";

line 15, strike "1999" and substitute "2000";

line 17, strike "1999" and substitute "2000";

strike lines 19 through 21 and substitute the following:

"SECTION 3 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.".

HB99-1240 be referred to the Committee on Appropriations with favorable recommendation.

HB99-1292 be postponed indefinitely.

_______________

REPORT OF THE COMMITTEE ON CREDENTIALS

The Committee on Credentials, at its meeting on January 6, 1999, made examination of the report of the Secretary of State and received testimony and other materials, and it hereby finds:

(1) That the contestor in the election contest concerning the election in House District 31, filed with the House of Representatives pursuant to section 1-11-208, Colorado Revised Statutes, has withdrawn the contest by letter dated January 28, 1999;

(2) That this Committee will therefore not hear or decide the contest; and

(3) That the person certified by the Secretary of State of Colorado is entitled to membership in this body as aforesaid, pursuant to law in such cases made and provided.

(signed)

Doug Dean

Chairman, Committee on Credentials

_________

VIA FACSIMILE: (303) 894-7732 VIA FACSIMILE: (303) 866-2615

The Hon. Victoria Buckley The Hon. Russ George,

Secretary of State of the State of CO Speaker of the House

1560 Broadway, Suite 200 The Hon. Doug Dean,

Denver, Colorado 80202 House Majority Leader

Colorado House of Representatives

Denver, Colorado 80202

Re: In re Pam Rhodes, Contestor

Contest the General Election for Colorado House of Representatives House District 31 Race

Dear Secretary Buckley, Speaker George, and Representative Dean:

This law firm represents Pam Rhodes in the above-referenced contest. In this regard, I write to advise that Ms. Rhodes hereby respectfully withdraws her petition contesting the General Election for Colorado House of Representatives in House District 31, based upon the recount of the early/absentee ballots for this House District.

Thank you for your time and consideration in this matter.

Respectfully submitted,

(signed)

Timothy M. Tymkovich

On motion of Representative Dean, the Credentials Committee Report was adopted by viva voce vote.

___________

PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed: HB99-1310.

______________

INTRODUCTION OF BILL

First Reading

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

HB99-1310 by Representative McElhany; also Senator Owen--Concerning the creation of an exemption from filing requirements for insurers providing coverage to exempt commercial policyholders.

Committee on Business Affairs & Labor

_______________

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.

HB99-1044 by Representatives Spence, Allen, King; also Senator Hillman--Concerning waivers of requirements imposed on school districts.

The question being "Shall the bill pass?".

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

YES 38 NO 25 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb Y

Grossman N

Hagedorn N


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller N

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace N

May Y

McElhany Y

McKay Y

McPherson Y


Miller N

Mitchell Y

Morrison Y

Nuñez E

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Sinclair Y

Smith Y

Spence Y

Spradley E

Stengel Y

Sullivant Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. N

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Berry, Dean, Decker, Fairbank, Hefley, Hoppe, Kaufman, Larson, Lee, McElhany, McKay, Morrison, Pfiffner, Sinclair, Smith, Stengel, Webster, T.Williams, Witwer, Young.

HB99-1113 by Representatives Dean, King; also Senator Arnold--Concerning an increase in the funding for charter schools.

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 43 NO 20 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon NGotlieb 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 N

May Y

McElhany Y

McKay Y

McPherson Y


Miller N

Mitchell Y

Morrison Y

Nuñez E

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Sinclair Y

Smith Y

Spence Y

Spradley E

Stengel Y

Sullivant Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. N

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Allen, Clapp, Decker, Fairbank, Hefley, Kaufman, Larson, Lee, McKay, Mitchell, Pfiffner, Sinclair.

HB99-1209 by Representatives Allen, Dean; also Senator Anderson--Concerning the financing of public schools, and making appropriations 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 52 NO 11 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke N

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 E

Paschall N

Pfiffner Y

Plant Y

Ragsdale N

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley E

Stengel Y

Sullivant Y

Swenson Y


Takis N

Tapia Y

Tate Y

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. Y

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Bacon, Gotlieb, Kaufman, King, Lawrence, McKay, Spence.

HB99-1079 by Representatives Hagedorn, May; also Senator Tebedo--Concerning the use of digital signatures.

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 63 NO 0 EXCUSED 2 ABSENT 0
Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke YColeman 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 E

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley E

Stengel Y

Sullivant 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 Gagliardi, McKay, Plant, Tapia, Tate, Young.

HB99-1176 by Representatives Spence, Allen; also Senator Chlouber--Concerning the authorization to delegate power over personnel matters in state-supported institutions of higher education.

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 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn 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 E

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley E

Stengel Y

Sullivant 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 Bacon, Tupa.

HB99-1088 by Representative Morrison; also Senator Matsunaka--Concerning medically necessary therapy for children up to five years of age, and, in connection therewith, specifying coverage for the care and treatment of medically diagnosed congenital defects and birth abnormalities.

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 6 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp N

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 N

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay N

McPherson N


Miller Y

Mitchell Y

Morrison Y

Nuñez E

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley E

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Bacon, Clarke, Coleman, Gagliardi, Gordon, Grossman, Hagedorn, Hoppe, Kaufman, Keller, Lawrence, Leyba, Mace, Plant, Ragsdale, Saliman, Takis, Tapia, Tate, Tochtrop, Veiga, Vigil, S.Williams, Windels, Witwer, Zimmerman.

HB99-1065 by Representative Sinclair; also Senator Andrews--Concerning club liquor licensees.

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 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn 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 E

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley E

Stengel Y

Sullivant 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 Paschall.

HB99-1080 by Representative Smith; also Senator Epps--Concerning the application of section 415 of the federal "Internal Revenue Code of 1986", as amended, to the public employees' retirement association, and, in connection therewith, modifying the provisions governing the purchase of service credit to conform to federal law.

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 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn 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 E

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley E

Stengel Y

Sullivant 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

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB99­1099.

________________

On motion of Representative T. Williams, the House resolved itself into Committee of the Whole for consideration of General Orders, and she was called to the Chair to act as Chairman.

________________

GENERAL ORDERS--SECOND READING OF BILLS

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

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

HB99-1149 by Representative Windels; also Senator Wattenberg--Concerning the reduction of the minimum dimensions of a department of transportation survey plat that may be filed with a county clerk and recorder

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

HB99-1077 by Representatives Taylor, Pfiffner; also Senators Reeves, Linkhart, Powers--Concerning the creation of a statewide system for tracking employment claims against the state for the purpose of risk management, and, in connection therewith, establishing a pilot program for the purpose of developing such a system.

Amendment No. 1, Business Affairs & Labor Report, dated January 19, 1999, and placed in member's bill file; Report also printed in House Journal, January 21, page 167.

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

HB99-1087 by Representative Decker; also Senator Evans--Concerning certain substances used to manufacture controlled substances.

Amendment No. 1, Judiciary Report, dated January 19, 1999, and placed in member's bill file; Report also printed in House Journal, January 21, pages 168-169.

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

HB99-1156 by Representatives Lee, Paschall, Hagedorn; also Senator Andrews--Concerning a restorative justice program in the juvenile justice system.

Amendment No. 1, Judiciary Report, dated January 19, 1999, and placed in member's bill file; Report also printed in House Journal, January 21, page 169.

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

HB99-1172 by Representative Tool; also Senator Wham--Concerning criminal cases in which the defendant raises his or her mental state as a defense.

Amendment No. 1, by Representative Grossman.

Amend printed bill, page 2, line 26, after "TRIAL", insert "TO REBUT ANY EVIDENCE INTRODUCED BY THE DEFENDANT".

Page 5, line 22, strike "ARRAIGNMENT," and substitute "ARRAIGNMENT OR THE COURT FINDS GOOD CAUSE FOR THE DEFENDANT'S FAILURE TO GIVE SUCH NOTICE AT THE TIME OF THE ARRAIGNMENT,".

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

HB99-1189 by Representatives May, Alexander, Allen, Berry, Clapp, Dean, Decker, Fairbank, Hefley, Johnson, Kaufman, Kester, King, Larson, Lee, McElhany, McKay, McPherson, Mitchell, Morrison, Nunez, Paschall, Pfiffner, Sinclair, Smith, Spence, Stengel, Swenson, Webster, T.Williams, Witwer, Young; also Senators Andrews, Arnold, Congrove, Epps, Hillman, Tebedo--Concerning a prohibition on the expenditure of public moneys for the purpose of collecting political funds.

Amendment No. 1, State, Veterans, & Military Affairs Report, dated January 19, 1999, and placed in member's bill file; Report also printed in House Journal, January 21, page 169.

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

HB99-1123 by Representatives Webster, Johnson, Kaufman, Young; also Senator Chlouber--Concerning the consent of the board of directors of a water conservancy district before annexed land is included within the boundaries of that water conservancy district.

Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated January 20, 1999, and placed in member's bill file; Report also printed in House Journal, January 22, page 176.

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

HB99-1132 by Representatives Young, Webster; also Senator Hillman--Concerning the regulation of Colorado commercial feed.

Laid over until February 5, retaining place on Calendar.

HB99-1114 by Representatives Spradley, May; also Senator Dennis--Concerning an increase in the maximum amount that a railroad corporation may be required to pay for railroad crossings.

Laid over until February 5, retaining place on Calendar.

HB99-1010 by Representative Lawrence; also Senator Powers--Concerning the authorization of the state lottery division to conduct instant scratch lotteries based upon the game of chance commonly known as bingo.

Amendment No. 1, Finance Report, dated January 20, 1999, and placed in member's bill file; Report also printed in House Journal, January 22, page 178.

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

HB99-1108 by Representatives Miller, Taylor; also Senator Wattenberg--Concerning the permanent extension of the increased threshold for the tonnage exemption for coal from the severance tax.

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

HB99-1071 by Representative Witwer; also Senator Grampsas--Concerning the granting of immunity to licensed physicians from civil liability while performing volunteer work.

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

On motion of Representative Dean, the remainder of the General Orders Calendar (HB99-1075, 1067, 1134, 1082, 1147, 1152, 1024, 1031, 1179, 1052, 1092, 1143, 1030, 1037, 1046, 1171, 1032, 1049, 1157, 1107) was laid over until February 2, retaining place on Calendar.

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representatives Kaufman, Grossman, and Zimmerman moved to amend the Report of the Committee of the Whole to show that the following Kaufman amendment, to HB99­1189, did pass, and that HB99­1189, as amended, did pass.

Amend printed bill, page 3, line 6, strike "BE AFFECTED BY ANY" and substitute "APPLY IF THERE IS";

line 7, strike "OFFER OF" and substitute "A BONA FIDE OFFER OR COMMITMENT FOR".

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

YES 31 NO 32 EXCUSED 2 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman YDean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley N

Hoppe N

Johnson N

Kaufman Y

Keller Y

Kester N

King N

Larson N

Lawrence N

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson N


Miller Y

Mitchell N

Morrison Y

Nuñez E

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Sinclair N

Smith N

Spence N

Spradley E

Stengel N

Sullivant Y

Swenson N


Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams, S. Y

Williams, T. N

Windels Y

Witwer N

Young N

Zimmerman Y

Mr. Speaker Y

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1149, 1077 amended, 1087 amended, 1156 amended, 1172 amended, 1189 amended, 1123 amended, 1010 amended, 1108, 1071.

Laid over until date indicated retaining place on Calendar:

HB99-1075, 1067, 1134, 1082, 1147, 1152, 1024, 1031, 1179, 1052, 1092, 1143, 1030, 1037, 1046, 1171, 1032, 1049, 1157, 1107--February 2, 1999.

HB99-1132, 1114--February 5, 1999.

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

YES 62 NO 1 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

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 Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez E

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley E

Stengel Y

Sullivant 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


_______________

REPORT OF COMMITTEE OF REFERENCE

FINANCE

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

HB99­1001 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, strike line 1 and substitute the following:

"TABOR limit ­ sales tax refund.".

Page 4, strike lines 9 through 14 and substitute the following:

"FEASIBLE TO MAKE PROPORTIONAL REFUNDS OF STATE EXCESS REVENUES;".

Reletter succeeding paragraphs accordingly.

Page 4, strike line 24 and substitute the following:

"(I)  THE STATE EXCESS".

Page 5, line 2, strike "OTHER";

line 3, strike "THAN INCOME TAX";

line 5, strike "FEES;" and substitute "FEES AND SHOULD, THEREFORE, BE RETURNED TO AS LARGE A GROUP OF COLORADO RESIDENTS AS IS IDENTIFIABLE AND ECONOMICALLY FEASIBLE;";

strike lines 6 through 11 and substitute the following:

"(II)  IT IS NOT FEASIBLE TO MAKE PROPORTIONAL REFUNDS OF STATE EXCESS REVENUES FOR FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 1998, DUE TO THE IMPOSSIBILITY OF IDENTIFYING OR RETURNING PRIOR PAYMENTS;";

line 12, strike "FIFTY­FIVE PERCENT";

line 13, strike "OF";

line 15, strike "REVENUES;" and substitute "REVENUES SINCE MORE COLORADANS PAY STATE SALES TAX THAN ANY OTHER STATE TAX;";

strike lines 16 through 19 and substitute the following:

"(IV)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (I) THROUGH (IV) OF THIS PARAGRAPH (i), IT IS REASONABLE AND FAIR TO SIMPLIFY THE PROCESS USED TO REFUND STATE EXCESS REVENUES FOR ANY FISCAL YEAR FOR WHICH THE AMOUNT OF SUCH STATE EXCESS REVENUES FALLS BELOW A CERTAIN THRESHOLD BY ALLOWING AN IDENTICAL REFUND OF STATE SALES TAX REVENUES TO EACH QUALIFIED INDIVIDUAL; AND";

strike line 26 and substitute the following:

"­ state sales tax refund".

Page 6, line 8, strike "STATE";

strike lines 9 and 10 and substitute the following:

"THE EXECUTIVE DIRECTOR SHALL, IF THE AMOUNT OF THE IDENTICAL INDIVIDUAL REFUND CALCULATED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (1) EXCEEDS FIFTEEN DOLLARS, FOR THE TAXABLE YEAR COMMENCING ON OR AFTER JANUARY";

line 14, strike "FIFTY­FIVE PERCENT OF";

strike lines 15 through 26 and substitute the following:

"AMOUNT OF EXCESS STATE REVENUES MULTIPLIED BY ONE HUNDRED FIVE PERCENT.

(a) (I) SUBJECT TO THE PROVISIONS OF PARAGRAPH (b) OF SUBSECTION (5) OF THIS SECTION, AS APPLICABLE, FOR THE TAXABLE YEAR COMMENCING ON OR AFTER JANUARY 1 OF THE CALENDAR YEAR IN WHICH THAT FISCAL YEAR ENDED, BUT PRIOR TO JANUARY 1 OF THE SUBSEQUENT CALENDAR YEAR, THE EXECUTIVE DIRECTOR SHALL DIVIDE THE TOTAL AMOUNT OF STATE EXCESS REVENUES REQUIRED TO BE REFUNDED BY THE NUMBER OF QUALIFIED INDIVIDUALS EXPECTED TO CLAIM A REFUND IN ORDER TO DETERMINE THE AMOUNT OF THE REFUND THAT EACH SUCH QUALIFIED INDIVIDUAL WOULD RECEIVE IF EACH INDIVIDUAL RECEIVED AN IDENTICAL REFUND.

(II)  IF THE AMOUNT OF THE IDENTICAL INDIVIDUAL REFUND CALCULATED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (a) IS LESS THAN OR EQUAL TO FIFTEEN DOLLARS, THE EXECUTIVE DIRECTOR SHALL ALLOW EACH QUALIFIED INDIVIDUAL AN IDENTICAL REFUND IN THE MANNER SET FORTH IN SECTION 39­22­1903 (3) (a) AND (3) (b).

(b)  AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, "EXCESS STATE REVENUES" MEANS THE TOTAL COMBINED AMOUNT OF:

(I)  EXCESS REVENUES THAT VOTERS STATEWIDE HAVE NOT AUTHORIZED THE STATE TO RETAIN AND SPEND AND THAT ARE REQUIRED TO BE REFUNDED PURSUANT TO SECTION 20 (7) (d) OF ARTICLE X OF THE STATE CONSTITUTION FOR SAID FISCAL YEAR; AND

(II)  EXCESS REVENUES THAT VOTERS STATEWIDE DID NOT AUTHORIZE THE STATE TO RETAIN AND SPEND AND THAT WERE REQUIRED TO BE REFUNDED PURSUANT TO SECTION 20 (7) (d) OF ARTICLE X OF THE STATE CONSTITUTION FOR ANY FISCAL YEAR PRIOR TO SAID FISCAL YEAR, BUT THAT WERE NOT REFUNDED BY THE STATE AS REQUIRED.".

Page 7, strike lines 1 and 2.

strike lines 9 and 10 and substitute the following:

"ENDING IN THAT CALENDAR YEAR, THE EXECUTIVE DIRECTOR SHALL, IF THE AMOUNT OF THE IDENTICAL INDIVIDUAL REFUND CALCULATED PURSUANT TO PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION EXCEEDS FIFTEEN DOLLARS, CALCULATE THE INCOME CLASSIFICATIONS AND THE AMOUNT";

line 13, strike "AN AMOUNT EQUAL TO FIFTY­FIVE";

strike lines 14 through 23 and substitute the following:

"THE AMOUNT OF EXCESS STATE REVENUES MULTIPLIED BY ONE HUNDRED FIVE PERCENT.";

Page 8, line 2, strike "STATE";

after line 6, insert the following:

"(a) (I)  CALCULATE THE AMOUNT OF THE STATE SALES TAX REFUND THAT EACH QUALIFIED INDIVIDUAL WOULD RECEIVE IF EACH INDIVIDUAL RECEIVED AN IDENTICAL REFUND BY DIVIDING THE TOTAL AMOUNT OF STATE EXCESS REVENUES REQUIRED TO BE REFUNDED IF ONE OR MORE OF SUCH BALLOT QUESTIONS ARE APPROVED BY VOTERS STATEWIDE BY THE NUMBER OF QUALIFIED INDIVIDUALS EXPECTED TO CLAIM A REFUND;

(II)  CALCULATE THE AMOUNT OF THE STATE SALES TAX REFUND THAT EACH QUALIFIED INDIVIDUAL WOULD RECEIVE IF EACH INDIVIDUAL RECEIVED AN IDENTICAL REFUND BY DIVIDING THE TOTAL AMOUNT OF STATE EXCESS REVENUES REQUIRED TO BE REFUNDED IF ALL OF SUCH BALLOT QUESTIONS ARE NOT APPROVED BY VOTERS STATEWIDE BY THE NUMBER OF QUALIFIED INDIVIDUALS EXPECTED TO CLAIM A REFUND;".

Reletter succeeding paragraphs accordingly.

Page 8, line 7, strike "(b) (I) CALCULATE" and substitute "(b) IF THE AMOUNT OF ANY IDENTICAL REFUND CALCULATED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (a) OF THIS SUBSECTION (3) EXCEEDS FIFTEEN DOLLARS, CALCULATE";

line 10, strike "AN";

line 11, strike "AMOUNT EQUAL TO FIFTY­FIVE PERCENT OF";

line 12, strike "REVENUES FOR SUCH FISCAL YEAR," and substitute "REVENUES,";

line 14, strike "STATEWIDE;" and substitute "STATEWIDE, MULTIPLIED BY ONE HUNDRED FIVE PERCENT;";

line 15, strike "(II) CALCULATE" and substitute "(c) IF THE AMOUNT OF THE IDENTICAL REFUND CALCULATED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (a) OF THIS SUBSECTION (3) EXCEEDS FIFTEEN DOLLARS, CALCULATE";

line 18, strike "AN";

line 19, strike "AMOUNT EQUAL TO FIFTY­FIVE PERCENT OF";

line 20, strike "REVENUES FOR SUCH FISCAL YEAR," and substitute "REVENUES,";

line 21, strike "FOR SAID FISCAL YEAR";

line 22, strike "STATEWIDE;" and substitute "STATEWIDE, MULTIPLIED BY ONE HUNDRED FIVE PERCENT;";

strike lines 23 through 26.

Page 9, strike lines 1 through 10;

line 11, after "CALCULATING", insert "THE AMOUNT OF ANY IDENTICAL INDIVIDUAL SALES TAX REFUND AND, IF NECESSARY,";

line 12, strike "AND THE";

line 13, strike "INCOME TAX RATE ADJUSTMENT";

line 22, after "DISAPPROVE", insert "SUCH CALCULATED IDENTICAL INDIVIDUAL SALES TAX REFUND OR";

line 24, strike "AND SUCH INCOME TAX RATE ADJUSTMENT";

line 26, strike "CLASSIFICATION, REFUND" and substitute "CLASSIFICATION OR REFUND".

Page 10, strike line 1 and substitute the following:

"AMOUNT CALCULATED PURSUANT TO";

strike line 6 and substitute the following:

"CLASSIFICATION OR REFUND AMOUNT,";

strike line 16 and substitute the following:

"CLASSIFICATION OR REFUND AMOUNT";

strike line 19 and substitute the following:

"CLASSIFICATION OR REFUND AMOUNT TO";

strike line 21 and substitute the following:

"CLASSIFICATION OR REFUND AMOUNT";

strike line 26 and substitute the following:

"CLASSIFICATION OR REFUND AMOUNT".

Page 11, line 4, strike "AND ANY INCOME";

line 5, strike "TAX RATE ADJUSTMENT";

line 17, strike "OR INCOME TAX RATE ADJUSTMENT";

line 18, strike "SO THAT" and substitute "UNTIL";

strike lines 21 and 22 and substitute the following:

"39­22­1903.".

Page 14, after line 9, insert the following:

"(a)  FOR A QUALIFIED INDIVIDUAL FILING A SINGLE RETURN, THE AMOUNT OF THE IDENTICAL INDIVIDUAL SALES TAX REFUND CALCULATED PURSUANT TO SECTION 39­22­1902 (1) (a) OR (3) (a) IF THE AMOUNT OF SUCH IDENTICAL INDIVIDUAL REFUND IS LESS THAN OR EQUAL TO FIFTEEN DOLLARS;

(b)  FOR ANY TWO QUALIFIED INDIVIDUALS FILING A JOINT RETURN, DOUBLE THE AMOUNT OF THE IDENTICAL INDIVIDUAL SALES TAX REFUND CALCULATED PURSUANT TO SECTION 39­22­1902 (1) (a) or (3) (a) IF THE AMOUNT OF SUCH IDENTICAL INDIVIDUAL REFUND IS LESS THAN OR EQUAL TO FIFTEEN DOLLARS;".

Reletter succeeding paragraphs accordingly.

Page 14, line 10, strike "RETURN:" and substitute "RETURN, IF THE AMOUNT OF THE IDENTICAL INDIVIDUAL SALES TAX REFUND CALCULATED PURSUANT SECTION 39­22­1902 (1) (a) OR (3) (a) EXCEEDS FIFTEEN DOLLARS:";

line 12, strike "TWENTY" and substitute "TWENTY­FIVE";

line 15, strike "TWENTY­TWO" and substitute "TWENTY­FIVE";

line 19, strike "TWENTY" and substitute "TWENTY­FIVE";

line 23, strike "TWENTY­NINE" and substitute "TWENTY­THREE".

Page 15, line 2, strike "NINETY­FIVE" and substitute "SEVENTY­FIVE";

line 5, strike "THIRTY­ONE" and substitute "NINETEEN";

line 9, strike "NINETY­FIVE" and substitute "SEVENTY­FIVE THOUSAND DOLLARS BUT NOT MORE THAN ONE HUNDRED";

line 12, strike "EIGHTEEN" and substitute "TWELVE";

after line 14, insert the following:

"(V)  IF THE QUALIFIED INDIVIDUAL'S FEDERAL ADJUSTED GROSS INCOME FOR THE TAX YEAR IS GREATER THAN ONE HUNDRED THOUSAND DOLLARS BUT NOT MORE THAN ONE HUNDRED TWENTY­FIVE THOUSAND DOLLARS, THE REFUND SHALL BE IN AN AMOUNT EQUAL TO THE AMOUNT OF EXCESS REVENUES REQUIRED TO BE REFUNDED PURSUANT TO SUBSECTION (1) OF THIS SECTION, MULTIPLIED BY SIX PERCENT, DIVIDED BY THE ESTIMATED NUMBER OF SAID QUALIFIED INDIVIDUALS EXPECTED TO CLAIM THE CREDIT FOR THAT TAXABLE YEAR;

(VI)  IF THE QUALIFIED INDIVIDUAL'S FEDERAL ADJUSTED GROSS INCOME FOR THE TAX YEAR IS GREATER THAN ONE HUNDRED TWENTY­FIVE THOUSAND DOLLARS, THE REFUND SHALL BE IN AN AMOUNT EQUAL TO THE AMOUNT OF EXCESS REVENUES REQUIRED TO BE REFUNDED PURSUANT TO SUBSECTION (1) OF THIS SECTION, MULTIPLIED BY FIFTEEN PERCENT, DIVIDED BY THE ESTIMATED NUMBER OF SAID QUALIFIED INDIVIDUALS EXPECTED TO CLAIM THE CREDIT FOR THAT TAXABLE YEAR.";

line 15, after "RETURN,", insert "IF THE AMOUNT OF THE IDENTICAL INDIVIDUAL SALES TAX REFUND CALCULATED PURSUANT TO SECTION 39­22­1902 (1) (a) or (3) (a) EXCEEDS FIFTEEN DOLLARS,";

line 18, after "TO", insert "DOUBLE";

line 19, strike "(a)" and substitute "(c)";

strike line 20 and substitute "AMOUNT.".

Page 19, strike lines 12 through 16.

Renumber succeeding subsections accordingly.

Page 20, line 23, strike "(9)" and substitute "(8)";

line 26, strike "(10)." and substitute "(9).".

Strike page 21.

Page 22, strike lines 1 through 12.

Renumber succeeding sections accordingly.

Page 23, line 25, strike "39­22­1902 (5) (c)." and substitute "39­22­1903 (5) (c).".

Page 25, line 18, strike "(9)," and substitute "(8),".

Page 26, line 11, strike "(9)." and substitute "(8).";

strike lines 12 through 26.

Strike page 27, and substitute the following:

"SECTION 7. 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.".

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1099.

______________

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: HB99-1099 at 11:00 a.m. on February 1, 1999.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, Consideration of HJR99-1004, 1005 was laid over until February 5, retaining place on Calendar.

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., February 2, 1999.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk