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
Thirty-fourth
Legislative Day Monday, February 8, 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--65.
The Speaker declared a quorum present.
_______________
On motion of Representative Kester, the reading of the journal of February 5, 1999, was dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEES OF REFERENCE
FINANCE
After consideration on the merits, the Committee
recommends the following:
HB99-1009 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 3, after line 11, insert
the following:
"SECTION 4. 39-26-123 (2) (a) (I), Colorado
Revised Statutes, is amended BY THE ADDITION OF A NEW SUB-SUBPARAGRAPH
to read:
3926123. Receipts
disposition repeal. (A.5)
FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, THE ALLOCATION OF
RECEIPTS UNDER SUB-SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (I) TO
THE HIGHWAY USERS TAX FUND SHALL BE INCREASED BY NINE THOUSAND,
THREE HUNDRED SIXTY-ONE DOLLARS, AND THE ALLOCATION TO THE GENERAL
FUND SHALL BE DECREASED BY NINE THOUSAND, THREE HUNDRED SIXTY-ONE
DOLLARS, PURSUANT TO H.B. 99-1009, ENACTED AT THE FIRST REGULAR
SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY. FOR FISCAL YEARS
COMMENCING ON OR AFTER JULY 1, 2000, BUT PRIOR TO JULY 1, 2008,
THE ALLOCATION OF RECEIPTS UNDER SUB-SUBPARAGRAPH (A) OF THIS
SUBPARAGRAPH (I) TO THE HIGHWAY USERS TAX FUND SHALL BE INCREASED
BY NINETEEN THOUSAND FOUR HUNDRED THIRTY-FOUR DOLLARS, AND THE
ALLOCATION TO THE GENERAL FUND SHALL BE DECREASED BY NINETEEN
THOUSAND FOUR HUNDRED THIRTY-FOUR DOLLARS, PURSUANT TO H.B. 99-1009,
ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-SECOND GENERAL
ASSEMBLY. THE MODIFICATIONS TO THE ALLOCATION OF RECEIPTS MADE
PURSUANT TO THIS SUB-SUBPARAGRAPH (A.5) SHALL BE IN ADDITION TO
ANY OTHER MODIFICATIONS TO THE ALLOCATION OF SUCH RECEIPTS MADE
BY LAW.".
Renumber succeeding sections accordingly.
HB99-1016 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend the Agriculture, Livestock, & Natural Resources
committee report, dated January 13, 1999, page 1, line 13, strike
"ADMINISTRATION."." and substitute the following:
"ADMINISTRATION.";
SECTION 3. 39-26-123
(2) (a) (I), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUB-SUBPARAGRAPH to read:
3926123. Receipts
disposition repeal. (A.5)
FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, THE ALLOCATION OF
RECEIPTS UNDER SUB-SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (I) TO
THE HIGHWAY USERS TAX FUND SHALL BE INCREASED BY TEN THOUSAND
EIGHTY DOLLARS, AND THE ALLOCATION TO THE GENERAL FUND SHALL BE
DECREASED BY TEN THOUSAND EIGHTY DOLLARS, PURSUANT TO H.B. 99-1016,
ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-SECOND GENERAL
ASSEMBLY. FOR FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2000,
BUT PRIOR TO JULY 1, 2008, THE ALLOCATION OF RECEIPTS UNDER SUB-SUBPARAGRAPH
(A) OF THIS SUBPARAGRAPH (I) TO THE HIGHWAY USERS TAX FUND SHALL
BE INCREASED BY THIRTEEN THOUSAND FOUR HUNDRED FORTY DOLLARS,
AND THE ALLOCATION TO THE GENERAL FUND SHALL BE DECREASED BY THIRTEEN
THOUSAND FOUR HUNDRED FORTY DOLLARS, PURSUANT TO H.B. 99-1016,
ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-SECOND GENERAL
ASSEMBLY. THE MODIFICATIONS TO THE ALLOCATION OF RECEIPTS MADE
PURSUANT TO THIS SUB-SUBPARAGRAPH (A.5) SHALL BE IN ADDITION TO
ANY OTHER MODIFICATIONS TO THE ALLOCATION OF SUCH RECEIPTS MADE
BY LAW.
Renumber succeeding section accordingly.".
JUDICIARY
After consideration on the merits, the Committee
recommends the following:
HB99-1204 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 2, line 17, strike "A"
and substitute "AN INTIMATE".
Page 3, line 21, after the period, add "IF THE
RESTRAINING ORDER IS FOR THE PURPOSE OF PREVENTING DOMESTIC ABUSE,
IN DETERMINING WHETHER AN IMMINENT DANGER EXISTS TO THE LIFE OR
HEALTH OF ONE OR MORE PERSONS, THE COURT SHALL CONSIDER WHEN THE
MOST RECENT INCIDENT OF DOMESTIC ABUSE OCCURRED AS WELL AS ALL
OTHER RELEVANT EVIDENCE CONCERNING THE SAFETY AND PROTECTION OF
THE PERSONS SEEKING THE RESTRAINING ORDER TO PREVENT DOMESTIC
ABUSE. HOWEVER, THE COURT SHALL NOT DENY A PETITIONER THE RELIEF
REQUESTED SOLELY BECAUSE OF A LAPSE OF TIME BETWEEN AN ACT OF
DOMESTIC ABUSE AND FILING OF THE PETITION FOR A RESTRAINING ORDER
TO PREVENT DOMESTIC ABUSE.".
Page 4, line 5, strike "PERMANENT." and
substitute "PERMANENT; EXCEPT THAT, IF THE TEMPORARY RESTRAINING
ORDER IS ISSUED BY THE DISTRICT COURT IN CONNECTION WITH AN ACTION
FILED UNDER THE "UNIFORM DISSOLUTION OF MARRIAGE ACT",
ARTICLE 10 OF TITLE 14, C.R.S., OR BY THE JUVENILE COURT UNDER
THE "UNIFORM PARENTAGE ACT", ARTICLE 4 OF TITLE 19,
C.R.S., THE COURT MAY DISPENSE WITH THE ISSUANCE OF A CITATION
AND REQUIRE THAT THE TEMPORARY RESTRAINING ORDER REMAIN IN EFFECT
UNTIL REVOKED, MODIFIED, OR TERMINATED AS PROVIDED IN SECTION
1410108, C.R.S. IN ADDITION, THE COURT MAY ORDER
ANY OTHER RELIEF THAT THE COURT DEEMS APPROPRIATE.";
line 13, strike "PROCEDURE." and substitute
"PROCEDURE OR RULE 4 OF THE COLORADO RULES OF CIVIL PROCEDURE.";
line 16, strike "DEFENDANT." and substitute
"DEFENDANT AND, IF THE RESTRAINING ORDER IS TO PREVENT DOMESTIC
ABUSE, THE TEMPORARY RESTRAINING ORDER PREVIOUSLY ENTERED BY THE
COURT MAY BE MADE PERMANENT WITHOUT FURTHER NOTICE UPON THE DEFENDANT.";
line 19, after the period, add "IF THE PETITIONER
IS UNABLE TO SERVE THE DEFENDANT IN THAT PERIOD, THE COURT SHALL
EXTEND THE TEMPORARY RESTRAINING ORDER PREVIOUSLY ISSUED, CONTINUE
THE SHOW OF CAUSE HEARING, AND ISSUE AN ALIAS CITATION STATING
THE DATE AND TIME TO WHICH THE HEARING IS CONTINUED. THE PETITIONER
MAY THEREAFTER REQUEST ADDITIONAL CONTINUANCES AS NEEDED IF THE
PETITIONER HAS STILL BEEN UNABLE TO SERVE THE DEFENDANT.";
after line 19, insert the following:
"(8) (a) ANY PERSON AGAINST
WHOM A TEMPORARY RESTRAINING ORDER IS ISSUED PURSUANT TO THIS
SECTION, WHICH TEMPORARY RESTRAINING ORDER EXCLUDES SUCH PERSON
FROM A SHARED RESIDENCE, SHALL BE PERMITTED TO RETURN TO SUCH
SHARED RESIDENCE ONE TIME TO OBTAIN SUFFICIENT UNDISPUTED PERSONAL
EFFECTS AS ARE NECESSARY FOR SUCH PERSON TO MAINTAIN A NORMAL
STANDARD OF LIVING DURING ANY PERIOD PRIOR TO A HEARING CONCERNING
SUCH ORDER. SUCH PERSON AGAINST WHOM A TEMPORARY RESTRAINING
ORDER IS ISSUED SHALL BE PERMITTED TO RETURN TO SUCH SHARED RESIDENCE
ONLY IF SUCH PERSON IS ACCOMPANIED AT ALL TIMES WHILE THE PERSON
IS AT OR IN SUCH SHARED RESIDENCE BY A PEACE OFFICER.
(b) WHEN ANY PERSON IS SERVED WITH NOTICE
OF A TEMPORARY RESTRAINING ORDER ISSUED AGAINST SUCH PERSON EXCLUDING
SUCH PERSON FROM A SHARED RESIDENCE, SUCH NOTICE SHALL CONTAIN
A NOTIFICATION IN WRITING TO SUCH PERSON OF SUCH PERSON'S ABILITY
TO RETURN TO SUCH SHARED RESIDENCE PURSUANT TO PARAGRAPH (a) OF
THIS SUBSECTION (8). SUCH WRITTEN NOTIFICATION SHALL BE IN BOLD
PRINT AND CONSPICUOUSLY PLACED IN SUCH TEMPORARY RESTRAINING ORDER.
NO JUDGE, MAGISTRATE, OR OTHER JUDICIAL OFFICER SHALL ISSUE A
TEMPORARY RESTRAINING ORDER THAT DOES NOT COMPLY WITH THIS SUBSECTION
(8).
(c) ANY PERSON AGAINST WHOM A TEMPORARY
RESTRAINING ORDER IS ISSUED PURSUANT TO THIS SECTION, WHICH TEMPORARY
RESTRAINING ORDER EXCLUDES SUCH PERSON FROM A SHARED RESIDENCE,
SHALL BE ENTITLED TO AVAIL HIMSELF OR HERSELF OF THE FORCIBLE
ENTRY AND DETAINER REMEDIES AVAILABLE PURSUANT TO ARTICLE 40 OF
THIS TITLE. HOWEVER, SUCH PERSON SHALL NOT BE ENTITLED TO RETURN
TO THE RESIDENCE UNTIL SUCH TIME AS A VALID WRIT OF RESTITUTION
IS EXECUTED, FILED WITH THE COURT ISSUING THE RESTRAINING ORDER,
AND THE RESTRAINING ORDER IS MODIFIED ACCORDINGLY. A LANDLORD
WHOSE LESSEE HAS BEEN EXCLUDED FROM A RESIDENCE PURSUANT TO THE
TERMS OF A RESTRAINING ORDER IS ALSO ENTITLED TO AVAIL HIMSELF
OR HERSELF OF THE REMEDIES AVAILABLE PURSUANT TO ARTICLE 40 OF
THIS TITLE.".
Renumber succeeding subsections accordingly.
Page 4, line 20, strike "(8)" and substitute
"(9) (a)".
Page 5, line 5, strike "WILL" and substitute
"SHALL";
line 6, strike "WILL" and substitute "SHALL";
line 8, after the period, add "IF THE DEFENDANT
FAILS TO APPEAR AT THE RETURN DATE AND THE PETITION IS FOR A RESTRAINING
ORDER TO PREVENT DOMESTIC ABUSE, THE COURT SHALL ORDER THE TERMS
OF THE TEMPORARY RESTRAINING ORDER TO BE MADE PERMANENT WITHOUT
FURTHER NOTICE OR SERVICE UPON THE DEFENDANT.";
after line 8, insert the following:
"(b) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH
(a) OF THIS SUBSECTION (9), THE JUDGE OR MAGISTRATE, AFTER EXAMINING
THE RECORD AND THE EVIDENCE, FOR GOOD CAUSE SHOWN MAY CONTINUE
THE TEMPORARY RESTRAINING ORDER TO A DATE CERTAIN NOT TO EXCEED
ONE HUNDRED TWENTY DAYS AFTER THE DATE OF THE HEARING IF HE OR
SHE DETERMINES SUCH CONTINUANCE WOULD BE IN THE BEST INTERESTS
OF THE PARTIES. THE JUDGE OR MAGISTRATE SHALL INFORM THE DEFENDANT
THAT A VIOLATION OF THE TEMPORARY CIVIL RESTRAINING ORDER SHALL
CONSTITUTE A CRIMINAL OFFENSE PURSUANT TO SECTION 186803.4,
C.R.S., OR SHALL CONSTITUTE CONTEMPT OF COURT AND SUBJECT THE
DEFENDANT TO SUCH PUNISHMENT AS MAY BE PROVIDED BY LAW.";
strike lines 11 and 12 and substitute the following:
"JURISDICTION TO ENFORCE SAID ORDER AND TO THE
PROTECTED PARTY.".
Page 6, after line 17, insert the following:
"(a) RESTRAINING A PARTY FROM THREATENING,
MOLESTING, OR INJURING ANY OTHER PARTY OR THE MINOR CHILD OF EITHER
OF THE PARTIES;
(b) RESTRAINING A PARTY FROM CONTACTING ANY OTHER
PARTY OR THE MINOR CHILD OF EITHER OF THE PARTIES;";
line 18, strike "(a)" and substitute "(c)";
line 21, strike "(b)" and substitute "(d)";
line 24, strike "(c)" and substitute "(e)".
Page 7, after line 14, insert the following:
"(f) SUCH OTHER RELIEF AS THE COURT DEEMS APPROPRIATE.
(16) ANY ORDER FOR TEMPORARY CARE AND CONTROL ISSUED
PURSUANT TO SUBSECTION (15) OF THIS SECTION SHALL BE GOVERNED
BY THE "UNIFORM CHILD CUSTODY JURISDICTION ACT", ARTICLE
13 OF TITLE 14, C.R.S.
(17) ANY ORDER GRANTED PURSUANT TO PARAGRAPH (c)
OR (e) OF SUBSECTION (15) OF THIS SECTION SHALL TERMINATE WHENEVER
A SUBSEQUENT ORDER REGARDING THE SAME SUBJECT MATTER IS GRANTED
PURSUANT TO THE "UNIFORM DISSOLUTION OF MARRIAGE ACT",
ARTICLE 10 OF TITLE 14, C.R.S., OR THE "UNIFORM CHILD CUSTODY
JURISDICTION ACT", ARTICLE 13 OF TITLE 14, C.R.S., OR THE
"COLORADO CHILDREN'S CODE", TITLE 19, C.R.S.
(18) A COURT SHALL NOT GRANT A MUTUAL RESTRAINING
ORDER TO PREVENT DOMESTIC ABUSE FOR THE PROTECTION OF OPPOSING
PARTIES UNLESS EACH PARTY HAS MET HIS OR HER BURDEN OF PROOF AS
DESCRIBED IN SUBSECTION (4) OF THIS SECTION AND THE COURT MAKES
SEPARATE AND SUFFICIENT FINDINGS OF FACT TO SUPPORT THE ISSUANCE
OF THE MUTUAL RESTRAINING ORDER TO PREVENT DOMESTIC ABUSE FOR
THE PROTECTION OF OPPOSING PARTIES. NO PARTY MAY WAIVE THE REQUIREMENTS
SET FORTH IN THIS SUBSECTION (18).
(19) THIS SECTION SHALL NOT APPLY TO ANY CLAIM OF
DOMESTIC ABUSE AGAINST A JUVENILE. SUCH CLAIMS SHALL BE ADDRESSED
BY THE JUVENILE COURT PURSUANT TO SECTION 192707,
C.R.S.".
Renumber succeeding subsection accordingly.
Page 7, line 22, strike "SHALL" and substitute
"MAY".
Page 8, after line 1, insert the following:
"SECTION 3. 131136
(2), Colorado Revised Statutes, is amended to read:
131136. Civil restraining
orders single set of forms. (2) On
or before March 1,
JULY 1, 1999, the state court administrator, pursuant to the rulemaking
authority of the Colorado supreme court, shall design and make
available to the courts copies of a standardized set of forms
that shall be used in the issuance of civil restraining orders
issued pursuant to section 136107 or section 144102
or 1410108, C.R.S., or rule 365 of the Colorado rules
of county court civil procedure. The state court administrator
shall design the standardized set of forms in such a manner as
to make the forms easy to understand and use and in such a manner
as will facilitate and improve the procedure for requesting, issuing,
and enforcing civil restraining orders.
SECTION 4. 1410108
(2.3), Colorado Revised Statutes, is amended to read:
1410108. Temporary order
or temporary injunction. (2.3) Any
restraining order issued pursuant to this section on or after
March 1,
JULY 1, 1999, shall be issued using the standardized set of forms
developed by the state court administrator pursuant to section
131136, C.R.S.".
Renumber succeeding sections accordingly.
Page 9, line 18, after "C.R.S.,", insert
"ANY MANDATORY RESTRAINING ORDERS ISSUED PURSUANT TO SECTION
1811001, C.R.S.,".
Page 12, strike lines 7 and 8 and substitute the following:
"the juvenile's parents or legal guardian, based
upon the standards set forth in section
144102 (4) SECTION 1314102
(4), C.R.S.".
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB99-1312 by Representatives McElhany, Allen, Berry, Clapp, Dean, Decker, Fairbank, Hefley, Kaufman, Kester, King, Larson, Lawrence, Lee, May, McKay, McPherson, Mitchell, Nunez, Paschall, Pfiffner, Sinclair, Smith, Spence, Spradley, Stengel, Sullivant, Swenson, Taylor, Tool, Webster, Williams T., Witwer, Young; also Senators Owen, Anderson, Andrews, Arnold, Blickensderfer, Congrove, Epps, Grampsas, Hillman, Lacy, Lamborn, Musgrave, Tebedo, Teck--Concerning the apprentice ratio for electricians.
Committee on State, Veterans, & Military Affairs
SB99-069 by Senator Arnold; also Representative Johnson--Concerning requirements for health care coverage for business groups of one.
Committee on Business Affairs & Labor
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HJR99-1010
______________
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.
HB99-1114 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.
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 Sinclair Y Smith Y Spence Y Spradley Y 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 Coleman, Lawrence, Swenson,
Takis.
HB99-1075 by Representative
Kaufman; also Senator Epps--Concerning court administration
of bail bonds issued by compensated sureties.
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 Sinclair Y Smith Y Spence Y Spradley Y 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 Dean, Larson, Lee.
HB99-1067 by Representative
Webster; also Senator Reeves--Concerning local government
housing authorities, and, in connection therewith, specifying
that housing authorities are political subdivisions for the purpose
of promoting intergovernmental relations and authorizing the governing
body of a local government creating a housing authority to specify
the number of commissioners serving on such housing authority.
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 Sinclair Y Smith Y Spence Y Spradley Y 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 Clapp, Kaufman, Mace.
HB99-1134 by Representative
Hagedorn; also Senator Wattenberg--Concerning the funding of underground
conversion of overhead public utilities.
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 Sinclair Y Smith Y Spence Y Spradley Y 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 Coleman, Dean, Sullivant, S.Williams,
Young.
HB99-1082 by Representative
Takis; also Senator Martinez--Concerning the requirement that
official communication by mail with any registered elector be
sent to the elector's address of record unless the elector has
affirmatively requested that such communication be sent to his
or her deliverable mailing address.
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 61 NO 4 EXCUSED 0 ABSENT 0
Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp N Clarke Y Coleman Y Dean Y Decker YFairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y | Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester N King Y Larson Y Lawrence Y Lee N Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y | Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Sinclair Y Smith Y Spence Y Spradley Y Stengel N 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 Coleman, Ragsdale, Tate, Tochtrop,
Vigil.
HB99-1147 by Representative
Mitchell; also Senator Andrews--Concerning vacancies on
the state board of 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 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 Sinclair Y Smith Y Spence Y Spradley Y 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 |
HB99-1152 by Representative
Takis; also Senator Nichol--Concerning clarification of affiliation
requirements for electors.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following
recorded vote, a majority of those elected to the House voted
in the affirmative and the bill was declared passed.
YES 64 NO 1 EXCUSED 0 ABSENT 0
Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke 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 N | Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Sinclair Y Smith Y Spence Y Spradley Y 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 Coleman, Tochtrop, Vigil, Zimmerman.
HB99-1024 by Representative
Swenson; also Senator Arnold--Concerning the regulation of towing
carriers that tow abandoned vehicles from private property.
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 Sinclair Y Smith Y Spence Y Spradley Y 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 |
HB99-1031 by Representative
Swenson; also Senator Powers--Concerning requirements for highway
project bid awards where there are less than three bidders on
the project.
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 YBacon 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 Sinclair Y Smith Y Spence Y Spradley Y 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 |
HB99-1179 by Representative
Kester; also Senator Dennis--Concerning the procurement of products
that evidence the registration of a motor vehicle.
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 Sinclair Y Smith Y Spence Y Spradley Y 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-sponsor added: Representative Lee.
HB99-1092 by Representatives
Dean, Ament; also Senator Phillips--Concerning reimbursements
to the Colorado state patrol for costs incurred in mitigating
a hazardous substance incident.
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 Sinclair Y Smith Y Spence Y Spradley Y 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, Berry, Gagliardi,
Hoppe, Larson, Tapia.
HB99-1143 by Representative
Lawrence; also Senator Musgrave--Concerning the regulation
of health care coverage.
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 Sinclair Y Smith Y Spence Y Spradley Y 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, Coleman, Hagedorn, McKay, Miller, Morrison, Ragsdale, Tapia, S.Williams, Witwer.
HB99-1030 by Representative
Allen; also Senator Powers--Concerning the increase of the privatization
of the regional transportation district's bus service operations
to thirty-five percent.
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 22 EXCUSED 0 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 Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman N Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Sullivant Y Swenson Y | Takis N Tapia N Tate N Taylor Y Tochtrop N Tool Y Tupa N Veiga Y 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 Clapp, Dean, Fairbank, Gotlieb,
Hefley, Kester, Larson, Lawrence, Lee, May, McElhany, McKay, Mitchell,
Nuñez, Paschall, Pfiffner, Spence, Stengel, Webster, Young.
HB99-1037 by Representative
Windels; also Senator Epps--Concerning the authority
of a school district to prohibit certain expelled students from
enrolling in certain 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 50 NO 15 EXCUSED 0 ABSENT 0
Alexander N
Allen Y Bacon Y Berry N Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi YGordon Y Gotlieb Y Grossman Y Hagedorn Y | Hefley N Hoppe Y Johnson Y Kaufman Y Keller Y Kester N King Y Larson N Lawrence N Lee Y Leyba Y Mace Y May N McElhany N McKay Y McPherson Y | Miller Y Mitchell Y Morrison N Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Sinclair Y Smith N Spence N Spradley N Stengel N Sullivant N 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 Coleman, Gagliardi, Gordon, Hagedorn, Lee, Mace, Mitchell, Plant, Tochtrop, Tupa, S.Williams.
________________
On motion of Representative Hefley, 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.)
HB99-1132 by Representatives
Young, Webster; also Senator Hillman--Concerning the regulation
of Colorado commercial feed.
(Amended as printed in House Journal, February 5,
page 347.)
Amendment No. 2, by Representative
Young.
Amend printed bill, page 5, strike lines 10 through
14.
Renumber succeeding subsections accordingly.
Page 6, line 17, strike "STATE, ACT AS AN"
and substitute "STATE";
line 18, strike "INDEPENDENT CONSULTANT,".
Page 22, line 15, strike "(16)" and substitute
"(15)".
Amendment No. 3, by Representative
Young.
Amend printed bill, page 6, line 16, strike "license."
and substitute "registration.";
strike line 20, and substitute the following:
"REGISTERING WITH THE DEPARTMENT. SUCH REGISTRATION
SHALL";
line 22, strike "LICENSE OBTAINED" and
substitute "REGISTRATION THAT OCCURS";
line 24, strike "OBTAIN";
line 25, strike "A LICENSE FROM" and substitute
"REGISTER WITH".
Page 7, line 1, strike "LICENSED" and substitute
"REGISTERED";
line 6, strike "LICENSED" and substitute
"REGISTERED";
line 9, strike "LICENSED" and substitute
"REGISTERED";
line 17, strike "LICENSED" and substitute
"REGISTERED";
line 20, strike "LICENSED" and substitute
"REGISTERED";
strike lines 22 through 26 and substitute the following:
"3560104. Registration
fees. (1) A PERSON REGISTERING WITH THE DEPARTMENT
PURSUANT TO SECTION 3560103 (1) SHALL SUBMIT A FORM
PROVIDED BY THE DEPARTMENT THAT INCLUDES THE FOLLOWING INFORMATION:
(a) THE NAME AND BUSINESS ADDRESS OF THE
REGISTRANT;".
Page 8, strike line 2 and substitute the following:
"WHERE THE REGISTRANT ENGAGES IN ACTIVITIES
FOR WHICH REGISTRATION IS";
line 4, strike "LICENSE" and substitute
"REGISTRATION";
line 11, strike "LICENSED" and substitute
"REGISTERED";
line 12, strike "LICENSE" and substitute
"REGISTRATION";
strike lines 13 through 17 and substitute the following:
"(b) ANY PERSON WHO FAILS TO REGISTER WITHIN
FIFTEEN BUSINESS DAYS AFTER NOTIFICATION OF THE REQUIREMENT TO
REGISTER, OR ANY REGISTRANT WHO FAILS TO COMPLY WITH THE REGISTRATION
RENEWAL REQUIREMENTS, SHALL PAY A TENDOLLAR LATE FEE IN
ADDITION TO THE REGISTRATION FEE.";
line 18, strike "LICENSE" and substitute
"REGISTRATION";
line 20, strike "LICENSE";
line 25, strike "A LICENSE ISSUED" and
substitute "REGISTRATION".
Page 9, line 2, strike "LICENSEE OR APPLICANT"
and substitute "REGISTRANT";
strike lines 5 through 7 and substitute the following:
"PURSUANT TO ARTICLE 4 OF TITLE 24, C.R.S.,
MAY DENY REGISTRATION, PLACE A REGISTRANT ON PROBATION, OR RESTRICT,
SUSPEND, REVOKE, OR REFUSE TO RENEW THE REGISTRATION OF A PERSON
WHO HAS";
line 11, strike "LICENSE" and substitute "REGISTRATION";
strike line 14 and substitute the following:
"REGISTRATION, OR THE PLACEMENT OF CONDITION
ON A REGISTRATION, MAY BE IN".
Page 13, line 15, strike "LICENSED" and
substitute "REGISTERED".
Page 19, line 9, strike "OBTAIN A LICENSE"
and substitute "REGISTER".
Amendment No. 4, by Representative
Young.
Amend printed bill, page 4, line 21, after "FEEDER.",
add ""DISTRIBUTE" DOES NOT INCLUDE SALES OF COMMERCIAL
FEED BY A CONTRACT FINISHER AS A PART OF A CUSTOM FEEDING AGREEMENT.".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB99-1052 by Representative
Ragsdale; also Senator Phillips--Concerning provisions
making it mandatory to offer health insurance coverage for breast
pumps.
Amendment No. 1, by Representatives
Young and Dean.
Amend printed bill, page 1, strike line 1.
As amended, declared lost on Second Reading.
HB99-1171 by Representative
Decker--Concerning election of school district directors.
Amendment No. 1, by Representatives
Decker and Pfiffner.
Amend printed bill, page 7, line 7, strike "TEN"
and substitute "FIVE".
Page 10, line 8, strike "FIFTEEN" and substitute
"FIVE".
As amended, laid over until February 9, retaining
place on Calendar.
HB99-1032 by Representative
Tochtrop; also Senator Chlouber--Concerning the issuance of special
license plates for motorcycles owned by certain military veterans.
Ordered engrossed and placed on the Calendar for
Third Reading and Final Passage.
HB99-1049 by Representatives
Paschall, Hefley; also Senator Arnold--Concerning the procedural
requirements for the selection of an independent medical examiner
in cases of disputes under the "Workers' Compensation Act
of Colorado".
Amendment No. 1, Business Affairs & Labor Report, dated January 26, 1999, and placed in member's bill file; Report also printed in House Journal, January 28, page 235.
Amendment No. 2, by Representative
Paschall.
Amend printed bill, page 3, strike lines 4 through
6 and substitute the following:
"SECTION 3. Effective date.
This act shall take effect September 1, 1999, unless a referendum
petition is filed during 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. If such 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.".
As amended, ordered engrossed and placed on the Calendar
for Third Reading and Final Passage.
HB99-1157 by Representatives
Ament, May; also Senator Owen--Concerning the reestablishment
of an exclusive schedule for permanent partial disability under
the workers' compensation law, and, in connection therewith, increasing
the amount of benefits received under the schedule and limiting
benefits for mental stress.
Amendment No. 1, Business
Affairs & Labor Report, dated January 26, 1999, and placed
in member's
bill file; Report also printed in House Journal, January 28, page
236.
As amended, 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 (HB99-1107, 1145, 1198, 1201, 1048, 1027, 1070, 1173, 1175, 1188, 1127, 1159, HCR99-1001, HB99-1160, 1194, 1180, 1090, 1122, 1191, 1097, 1100, 1130, 1096, 1210, 1162, 1192) was laid over until February 9, retaining place on Calendar.
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: HB99-1132 amended, 1032,
1049 amended, 1157 amended.
Lost on Second Reading: HB99-1052 amended.
Laid over until date indicated retaining place on
Calendar: HB99-1171 amended, 1107, 1145, 1198, 1201, 1048,
1027, 1070, 1173, 1175, 1188, 1127, 1159, HCR99-1001, HB99-1160,
1194, 1180, 1090, 1122, 1191, 1097, 1100, 1130, 1096, 1210, 1162,
1192--February 9, 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 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 Sinclair Y Smith Y Spence Y Spradley Y 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 |
_______________
REPORTS OF COMMITTEE OF REFERENCE
FINANCE
After consideration on the merits, the Committee
recommends the following:
HB99-1002 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 2, line 25, strike "REPAIR".
Page 3, strike line 1;
line 2, strike "FARM EQUIPMENT, ATTACHMENTS,"
and substitute "ATTACHMENTS".
Page 4, line 16, strike "REPAIR";
strike line 17;
line 18, strike "FARM EQUIPMENT, ATTACHMENTS,"
and substitute "ATTACHMENTS".
Page 8, after line 24, insert the following:
"SECTION 5. 2477106.5,
Colorado Revised Statutes, is amended to read:
2477106.5. Annual financial report certification of state excess revenues. (1) (a) For each fiscal year, the controller shall prepare a financial report for the state for purposes of ascertaining compliance with the provisions of this article. Any financial report prepared pursuant
to this section shall include, but shall not be limited
to, state fiscal year spending, reserves, revenues, and debt.
Such financial report shall be audited by the state auditor.
(b) BASED UPON THE FINANCIAL STATEMENT
PREPARED IN ACCORDANCE WITH PARAGRAPH (a) OF THIS SUBSECTION (1)
FOR ANY GIVEN FISCAL YEAR, THE CONTROLLER SHALL CERTIFY TO THE
GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT OF REVENUE NO LATER THAN SEPTEMBER 1 FOLLOWING
THE END OF A FISCAL YEAR THE AMOUNT OF STATE REVENUES IN EXCESS
OF THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION
20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION, IF ANY, FOR
SUCH FISCAL YEAR.
(2) ANY FINANCIAL REPORT PREPARED AND
CERTIFICATION OF STATE EXCESS REVENUES MADE PURSUANT TO SUBSECTION
(1) OF THIS SECTION SHALL BE AUDITED BY THE STATE AUDITOR. NO
LATER THAN SEPTEMBER 15 FOLLOWING THE CERTIFICATION MADE BY THE
STATE CONTROLLER FOR ANY GIVEN FISCAL YEAR, THE STATE AUDITOR
SHALL REPORT AND TRANSMIT TO THE GOVERNOR, THE GENERAL ASSEMBLY,
AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE THE RESULTS
OF ANY AUDIT CONDUCTED IN ACCORDANCE WITH THIS SUBSECTION (2).
(2) (3) Notwithstanding
any generally accepted accounting principles to the contrary,
financial reports prepared pursuant to subsection (1) of this
section shall not include any unrealized gains or losses on investments
held by the state.
SECTION 6. 39-26-123
(2) (a) (I), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUB-SUBPARAGRAPH to read:
3926123. Receipts
disposition repeal. (A.5)
FOR FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 1999, BUT PRIOR
TO JULY 1, 2008, THE ALLOCATION OF RECEIPTS UNDER SUB-SUBPARAGRAPH
(A) OF THIS SUBPARAGRAPH (I) TO THE HIGHWAY USERS TAX FUND SHALL
BE INCREASED BY TWO ONE-HUNDREDTHS OF ONE PERCENT, AND THE ALLOCATION
TO THE GENERAL FUND SHALL BE DECREASED BY TWO ONE-HUNDREDTHS OF
ONE PERCENT, PURSUANT TO H.B. 99-1002, ENACTED AT THE FIRST REGULAR
SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY. THE MODIFICATION
TO THE ALLOCATION OF RECEIPTS MADE PURSUANT TO THIS SUB-SUBPARAGRAPH
(A.5) SHALL BE IN ADDITION TO ANY OTHER MODIFICATIONS TO THE ALLOCATION
OF SUCH RECEIPTS MADE BY LAW.".
Renumber succeeding sections accordingly.
Page 9, line 1, strike "1999." and substitute the following:
"1999, if, based upon the financial statement
prepared in accordance with section 2477106.5, C.R.S.,
the controller certifies that the amount of state revenues for
the immediately preceding state fiscal year exceeded the limitation
on state fiscal year spending imposed by section 20 (7) (a) of
article X of the state constitution and the voters statewide did
not authorize the state to retain and spend all of the excess
state revenues for that state fiscal year.
HB99-1007 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 4, strike lines 14 and 15
and substitute the following:
"(20) (a) ALL SALES AND PURCHASES
OF AGRICULTURAL COMPOUNDS TO BE CONSUMED BY, ADMINISTERED TO,
OR OTHERWISE USED IN CARING FOR LIVESTOCK AND ALL SALES AND PURCHASES
OF SEMEN FOR AGRICULTURAL OR RANCHING PURPOSES SHALL BE EXEMPT
FROM TAXATION UNDER THIS PART 1.
(b) FOR PURPOSES OF THIS SUBSECTION (20),
"AGRICULTURAL COMPOUNDS" MEANS:
(I) INSECTICIDES, FUNGICIDES, GROWTHREGULATING
CHEMICALS, ENHANCING COMPOUNDS, VACCINES, AND HORMONES;
(II) DRUGS, WHETHER DISPENSED IN ACCORDANCE
WITH A PRESCRIPTION OR NOT, THAT ARE USED FOR THE PREVENTION OR
TREATMENT OF DISEASE OR INJURY IN LIVESTOCK; AND
(III) ANIMAL PHARMACEUTICALS THAT HAVE
BEEN APPROVED BY THE FOOD AND DRUG ADMINISTRATION.";
strike lines 21 through 26 and substitute the following:
"(hh) (I) TO THE STORAGE, USE,
OR CONSUMPTION OF:
(A) AGRICULTURAL COMPOUNDS TO BE CONSUMED
BY, ADMINISTERED TO, OR OTHERWISE USED IN CARING FOR LIVESTOCK;
OR
(B) SEMEN USED FOR AGRICULTURAL OR RANCHING
PURPOSES.
(II) FOR PURPOSES OF THIS PARAGRAPH (hh),
"AGRICULTURAL COMPOUNDS" MEANS:
(A) INSECTICIDES, FUNGICIDES, GROWTHREGULATING
CHEMICALS, ENHANCING COMPOUNDS, VACCINES, AND HORMONES;
(B) DRUGS, WHETHER DISPENSED IN ACCORDANCE
WITH A PRESCRIPTION OR NOT, THAT ARE USED FOR THE PREVENTION OR
TREATMENT OF DISEASE OR INJURY IN LIVESTOCK; AND
(C) ANIMAL PHARMACEUTICALS THAT HAVE BEEN
APPROVED BY THE FOOD AND DRUG ADMINISTRATION.".
Strike pages 5 through 14.
Page 15, strike lines 1 through 20.
Renumber succeeding sections accordingly.
Page 15, line 21, strike "Sections 1 through 10 of this" and substitute "This".
Page 16, line 1, strike "Section 11 of this
act shall take effect";
strike line 2.
HB99-1124 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 2, strike lines 15 through
17 and substitute the following:
(19) EFFECTIVE JULY 1, 1999, all sales
and purchases of tangible personal property by a manufacturer
that uses such property as a component part of goods that it manufactures
AND ALL SALES AND PURCHASES OF INVENTORIED GOODS,";
line 19, after "goods", insert "OR
COMPONENT PARTS";
after line 26, insert the following:
"SECTION 3. 2477106.5,
Colorado Revised Statutes, is amended to read:
2477106.5. Annual financial
report certification of state excess revenues.
(1) (a) For each fiscal year, the controller
shall prepare a financial report for the state for purposes of
ascertaining compliance with the provisions of this article.
Any financial report prepared pursuant to this section shall include,
but shall not be limited to, state fiscal year spending, reserves,
revenues, and debt. Such financial report shall be audited by
the state auditor.
(b) BASED UPON THE FINANCIAL STATEMENT
PREPARED IN ACCORDANCE WITH PARAGRAPH (a) OF THIS SUBSECTION (1)
FOR ANY GIVEN FISCAL YEAR, THE CONTROLLER SHALL CERTIFY TO THE
GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT OF REVENUE NO LATER THAN SEPTEMBER 1 FOLLOWING
THE END OF A FISCAL YEAR THE AMOUNT OF STATE REVENUES IN EXCESS
OF THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION
20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION, IF ANY, FOR
SUCH FISCAL YEAR.
(2) ANY FINANCIAL REPORT PREPARED AND
CERTIFICATION OF STATE EXCESS REVENUES MADE PURSUANT TO SUBSECTION
(1) OF THIS SECTION SHALL BE AUDITED BY THE STATE AUDITOR. NO
LATER THAN SEPTEMBER 15 FOLLOWING THE CERTIFICATION MADE BY THE
STATE CONTROLLER FOR ANY GIVEN FISCAL YEAR, THE STATE AUDITOR
SHALL REPORT AND TRANSMIT TO THE GOVERNOR, THE GENERAL ASSEMBLY,
AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE THE RESULTS
OF ANY AUDIT CONDUCTED IN ACCORDANCE WITH THIS SUBSECTION (2).
(2) (3) Notwithstanding
any generally accepted accounting principles to the contrary,
financial reports prepared pursuant to subsection (1) of this
section shall not include any unrealized gains or losses on investments
held by the state.
SECTION 4. 39-26-123
(2) (a) (I), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUB-SUBPARAGRAPH to read:
3926123. Receipts
disposition repeal. (A.5)
FOR FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 1999, BUT PRIOR
TO JULY 1, 2008, THE ALLOCATION OF RECEIPTS UNDER SUB-SUBPARAGRAPH
(A) OF THIS SUBPARAGRAPH (I) TO THE HIGHWAY USERS TAX FUND SHALL
BE INCREASED, AND THE ALLOCATION TO THE GENERAL FUND SHALL BE
DECREASED, PURSUANT TO H.B. 99-1124, ENACTED AT THE FIRST REGULAR
SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY. THE MODIFICATION
TO THE ALLOCATION OF RECEIPTS MADE PURSUANT TO THIS SUB-SUBPARAGRAPH
(A.5) SHALL BE IN ADDITION TO ANY OTHER MODIFICATIONS TO THE ALLOCATION
OF SUCH RECEIPTS MADE BY LAW.
SECTION 5. Applicability.
This act shall apply only if, based upon the financial statement
prepared in accordance with section 2477106.5, C.R.S.,
the controller certifies that the amount of state revenues for
the immediately preceding state fiscal year exceeded the limitation
on state fiscal year spending imposed by section 20 (7) (a) of
article X of the state constitution and the voters statewide did
not authorize the state to retain and spend all of the excess
state revenues for that state fiscal year.".
Renumber succeeding section accordingly.
HB99-1271 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 11, after line 2, insert
the following:
"SECTION 12. 39-26-123 (2) (a) (I),
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUB-SUBPARAGRAPH to read:
3926123. Receipts
disposition repeal. (A.5)
FOR FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2000, BUT PRIOR
TO JULY 1, 2008, THE ALLOCATION OF RECEIPTS UNDER SUB-SUBPARAGRAPH
(A) OF THIS SUBPARAGRAPH (I) TO THE HIGHWAY USERS TAX FUND SHALL
BE INCREASED BY FOUR ONE-HUNDREDTHS OF ONE PERCENT, AND THE ALLOCATION
TO THE GENERAL FUND SHALL BE DECREASED BY FOUR ONE-HUNDREDTHS
OF ONE PERCENT, PURSUANT TO H.B. 99-1271, ENACTED AT THE FIRST
REGULAR SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY. THE MODIFICATION
TO THE ALLOCATION OF RECEIPTS MADE PURSUANT TO THIS SUB-SUBPARAGRAPH
(A.5) SHALL BE IN ADDITION TO ANY OTHER MODIFICATIONS TO THE ALLOCATION
OF SUCH RECEIPTS MADE BY LAW.".
Renumber succeeding section accordingly.
Page 11, strike lines 13 and 14 and substitute the following:
"consumption of motor vehicles on and after July 1, 2000.".
_______________
On motion of Representative Dean, the House adjourned
until 9:00 a.m., February 9, 1999.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk