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