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

Forty-fifth Legislative Day Friday, February 19, 1999

Prayer by Father Ed Judy, Samaritan House, Denver.

The Speaker called the House to order at 9:00 a.m.

The roll was called with the following result:

Present--63.

Absent and excused--Representatives Kester--1.

Vacancy--1.

The Speaker declared a quorum present.

_______________

On motion of Representative King, the reading of the journal of February 18, 1999, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

HB99-1202 be postponed indefinitely.

HB99-1219 be postponed indefinitely.

HB99-1303 be postponed indefinitely.

SB99-101 be referred to the Committee of the Whole with favorable recommendation.



TRANSPORTATION AND ENERGY

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

HB99-1161 be postponed indefinitely.

______________

PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed: HB99-1318.

_______________

On motion of Representative Dean, HB99-1233, SB99-031, HB99-1295, 1242 shall be made Special Orders on Friday, February 19, 1999, at 9:30 a.m.

_______________

The hour of 9:30 a.m., having arrived, on motion of Representative Kaufman, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman.

_______________

SPECIAL ORDERS--SECOND READING OF BILLS

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

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

HB99-1295 by Representatives Williams T., May; also Senator Blickensderfer--Concerning the liability of businesses for civil actions arising from electronic computing device failures associated with the year 2000 date change.

Amendment No. 1, Business Affairs & Labor Report, dated February 11, 1999, and placed in member's bill file; Report also printed in House Journal, February 12, page 446.

Amendment No. 2, by Representative T.Williams.

Amend printed bill, page 5, line 11, after "REASONABLE", insert "AND TIMELY";

line 21, after "A", insert "REASONABLE".

Page 6, after line 17, insert the following:

"(4)  NOTHING IN THIS SECTION IS INTENDED TO VARY OR ALTER THE TERMS OF ANY CONTRACT, WARRANTY, OR AGREEMENT ADDRESSING ISSUES RELATING TO YEAR 2000 MATTERS.".

Page 7, line 23, strike "FAILURE." and substitute "FAILURE; EXCEPT THAT, AN ACTION FOR DAMAGES ARISING OUT OF A YEAR 2000 FAILURE MAY BE COMMENCED ON OR BEFORE DECEMBER 31, 2000, EVEN IF SUCH CAUSE OF ACTION ACCRUED MORE THAN ONE YEAR BEFORE THE SUIT IS BROUGHT.".

Amendment No. 3, by Representative Tate.

Amend printed bill, page 5, strike lines 3 through 8.

Renumber succeeding subsections accordingly.

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

HB99-1242 by Representative Chavez; also Senator Chlouber--Concerning the inspection of public records.

Amendment No. 1, Judiciary Report, dated February 11, 1999, and placed in member's bill file; Report also printed in House Journal, February 12, pages 448-449.

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

HB99-1233 by Representatives Miller, Taylor, George, Smith; also Senators Wattenberg, Chlouber, Dyer--Concerning the extension of the requirement that the amount of net severance tax revenues distributed to the state severance tax trust fund in a fiscal year is reduced as needed to ensure that the local government severance tax fund will receive the same amount of net severance tax revenues as in the previous fiscal year.

Referred to the Committee on Finance.

SB99-031 by Senators Anderson, Chlouber, Lamborn, Phillips, Powers, Teck, Wattenberg; also Representatives Berry, Ament, Dean, Leyba, May, McElhany--Concerning the authority of employee leasing companies to provide employer benefit plans on behalf of employees.

Amendment No. 1, Business Affairs & Labor Report, dated February 11, 1999, and placed in member's bill file; Report also printed in House Journal, February 12, pages 446-447.

Amendment No. 2, by Representative Berry.

Amend reengrossed bill, page 2, line 12, after "LAW.", insert "A HEALTH PLAN SPONSORED BY AN EMPLOYEE LEASING COMPANY SHALL COMPLY WITH ALL THE PROVISIONS OF COLORADO LAW THAT APPLY TO LARGE EMPLOYER HEALTH PLANS, INCLUDING CONSUMER AND PROVIDER PROTECTIONS, MANDATED BENEFITS, NONDISCRIMINATION AND FAIR MARKETING RULES, PRE­EXISTING LIMITATIONS, AND OTHER REQUIRED HEALTH PLAN POLICY PROVISIONS, AND THE CARRIER UNDERWRITING THE PLAN SHALL BE RESPONSIBLE FOR ASSURING COMPLIANCE WITH THIS REQUIREMENT PURSUANT TO SECTION 10­16­214 (5), C.R.S.".

Page 5, after line 21, insert the following:

"SECTION 3.  10­16­214, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

10­16­214.  Group sickness and accident insurance. (5)  A CARRIER WRITING HEALTH BENEFIT COVERAGE FOR AN EMPLOYEE LEASING COMPANY SHALL ENSURE THAT ANY HEALTH BENEFIT PLAN MARKETED OR SOLD TO SUCH COMPANY THAT COVERS EMPLOYEES IN COLORADO COMPLIES WITH ALL THE PROVISIONS OF COLORADO LAW THAT APPLY TO LARGE EMPLOYER HEALTH PLANS, INCLUDING CONSUMER AND PROVIDER PROTECTIONS, MANDATED BENEFITS, NONDISCRIMINATION AND FAIR MARKETING RULES, PRE­EXISTING LIMITATIONS, AND OTHER REQUIRED HEALTH PLAN POLICY PROVISIONS.".

Renumber succeeding sections accordingly.

Amendment No. 3, by Representative Leyba.

Amend the Amendment No. 2, by Representative Berry, as printed in House Journal, page 507, line 44, after "COMPANY", insert "WITH AN AGGREGATE OF MORE THAN FIFTY EMPLOYEES".

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

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1295 amended, 1242 amended, SB99­031 amended.

Referred to Committee indicated: HB99-1233--Committee on Finance.

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

YES 60 NO 0 EXCUSED 2 VACANCY 1 ABSENT 2

Alexander Y

Allen E

Bacon Y

Berry Y

Chavez Y

Clapp ­

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe ­

Johnson Y

Kaufman Y

Keller Y

Kester E

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

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

________________

On motion of Representative Kaufman, the House resolved itself into Committee of the Whole for consideration of General Orders, and he 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.)

HB99-1199 by Representatives Paschall, Hefley, Lee, Dean, Fairbank, Mitchell; also Senators Lamborn, Andrews, Arnold, Congrove, Hillman, Musgrave, Owen--Concerning the authorization of covenant marriages.

Amendment No. 1, Judiciary Report, dated February 4, 1999, and placed in member's bill file; Report also printed in House Journal, February 5, pages 357-359.

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

HB99-1163 by Representatives Kaufman, Grossman; also Senators Perlmutter, Nichol, Wattenberg, Wham--Concerning implementation of recommendations of the Committee on Legal Services in connection with legislative review of rules and regulations of state agencies.

Amendment No. 1, Legal Services in connection with Report, dated February 3, 1999, and placed in member's bill file; Report also printed in House Journal, February 5, pages 359-360.

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

HB99-1204 by Representatives Paschall, Allen, George, Lee, McKay, McPherson, Morrison, Tool; also Senators Anderson, Congrove--Concerning issuance of civil restraining orders.

Amendment No. 1, Judiciary Report, dated February 4, 1999, and placed in member's bill file; Report also printed in House Journal, February 8, pages 364-368.

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

HB99­1244 by Representatives Lee, Stengel; also Senator Teck­­Concerning the modification of the time period used to determine the level of value for classes of taxable real property when comparable valuation data is not available for the one­and­one­half­year period prior to July 1 immediately preceding any regular biennial property tax assessment date.

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

HB99-1274 by Representatives King, Fairbank, Hefley, Lee, McKay; also Senator Andrews--Concerning charter schools.

Amendment No. 1, Education Report, dated February 8, 1999, and placed in member's bill file; Report also printed in House Journal, February 9, pages 387-388.

Amendment No. 2, by Representative Bacon.

Amend printed bill, page 2, line 25, after the period, add "PRIOR TO BRINGING SUIT TO ENFORCE THE TERMS OF SAID CONTRACT, THE PARTIES SHALL ENTER INTO MEDIATION. IF SUCH MEDIATION IS NOT COMPLETED TO THE SATISFACTION OF THE PARTIES WITHIN NINETY DAYS, THE AGGRIEVED PARTY MAY PROCEED WITH SUIT.".

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

HB99-1288 by Representative Dean; also Senator Owen--Concerning the creation of a college savings program.

Amendment No. 1, by Representative Dean.

Amend printed bill, page 10, line 23, strike "CONTRACT:" and substitute "CONTRACT, SO LONG AS APPLYING THESE CONDITIONS DOES NOT DISQUALIFY THE PROGRAM AS A QUALIFIED STATE TUITION PLAN UNDER SECTION 529 OF THE INTERNAL REVENUE CODE:"

after line 23, insert the following:

"(a)  THE AUTHORITY SHALL CONTINUE TO MAINTAIN THE PROGRAM AT THE FINANCIAL INSTITUTION;".

Reletter succeeding paragraphs accordingly.

Page 10, line 25, strike "TERMINATED;" and substitute "TERMINATED, EXCEPT AS PROVIDED IN PARAGRAPH (e) OF THIS SUBSECTION (8) OR AS PROVIDED IN SUBSECTION (9) OF THIS SECTION;".

Page 11, line 3, strike "(d) THE" and substitute "(e)  IF THE AUTHORITY DETERMINES THAT CONTINUING THE ACCOUNTS AT THE FINANCIAL INSTITUTION IS NOT IN THE BEST INTEREST OF THE ACCOUNT OWNERS, THE";

line 4, strike "AUTHORITY PURSUANT TO THIS" and substitute "AUTHORITY.";

strike lines 5 and 6.

Page 14, line 14, strike "MOVED UNLESS THE" and substitute "MOVED.";

strike lines 15 through 18.

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

HB99-1251 by Representative Williams S.; also Senator Arnold--Concerning establishment of a voluntary credentialing system for child care professionals.

Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated February 8, 1999, and placed in member's bill file; Report also printed in House Journal, February 9, pages 388-389.

Amendment No. 2, by Representative S.Williams.

Amend the Health, Environment, Welfare, and Institutions Committee Report, dated February 8, 1999, page 1, strike line 1 and substitute the following:

"Amend printed bill, page 6, line 18, strike "JULY 1, 1999." and substitute "SEPTEMBER 1, 1999.".

Page 10, strike lines 20 through 22 and substitute the".

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

HB99-1275 by Representative Fairbank; also Senator Epps--Concerning the changes to the operating requirements of health maintenance organizations, and, in connection therewith, changing indemnity benefits, solvency requirements, and reporting requirements of health maintenance organizations.

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

HB99-1213 by Representatives Spradley, May, Dean, Hefley, Larson, Lawrence, McElhany, Paschall, Sullivant, Tapia, T.Williams; also Senators Feeley, Congrove--Concerning the extension of the "Voluntary Clean-up and Redevelopment Act".

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

HB99-1215 by Representative Larson; also Senator Dyer--Concerning the sale of alcohol beverages by common carrier public transportation system licensees.

Amendment No. 1, Business Affairs & Labor Report, dated February 9, 1999, and placed in member's bill file; Report also printed in House Journal, February 10, pages 417-418.

Amendment No. 2, by Representative Zimmerman.

Amend the Business Affairs & Labor Committee Report, dated February 9, 1999, page 1, line 12, strike "SEVEN" and substitute "FOURTEEN".

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

HB99-1217 by Representative Miller; also Senator Chlouber--Concerning electrical license reciprocity.

Amendment No. 1, Business Affairs & Labor Report, dated February 9, 1999, and placed in member's bill file; Report also printed in House Journal, February 10, page 418.

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

HB99-1269 by Representatives King, Berry, Fairbank, Hefley, Lee, McKay, McPherson, Mitchell, Paschall, Pfiffner, Spradley, Stengel, Webster, Williams T.; also Senator Owen--Concerning the reduction of workers' compensation benefits in cases where a claimant makes a materially deceptive statement as part of the job application process concerning the physical ability of the claimant to perform the requirements of the job.

Laid over until February 22, retaining place on Calendar.

HB99-1218 by Representative Mace; also Senators Feeley- Concerning expedited methods of adopting children.

Amendment No. 1, Judiciary Report, dated February 9, 1999, and placed in member's bill file; Report also printed in House Journal, February 10, pages 418-419.

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

HB99-1247 by Representative Sinclair; also Senator Epps--Concerning the repeal of the prohibition on home rule local governments to impose a use tax on taxable tangible personal property that is used within a home rule local government more than three years after the most recent sale of such property if, within the three years following such sale, such property has been significantly used within the state for the principal purpose for which it was purchased.

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

HB99-1265 by Representatives Sinclair, Tapia; also Senators Dyer, Dennis, Thiebaut--Concerning the authority of boards of county commissioners to impose restrictions on graffiti implements that may be used by juveniles.

Amendment No. 1, Local Government Report, dated February 8, 1999, and placed in member's bill file; Report also printed in House Journal, February 10, page 409.

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

HB99-1268 by Representative Decker--Concerning special district elections.

Amendment No. 1, Local Government Report, dated February 8, 1999, and placed in member's bill file; Report also printed in House Journal, February 10, page 409.

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

HB99-1284 by Representative Spence--Concerning the elimination of the requirement that the state engineer be compensated for services rendered in connection with the settlement of a boundary dispute between two counties.

Amendment No. 1, Local Government Report, dated February 8, 1999, and placed in member's bill file; Report also printed in House Journal, February 10, pages 409-410.

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

HB99-1216 by Representative Decker; also Senator Perlmutter--Concerning prohibitions on the sale of tobacco in Colorado that violates federal laws.

Amendment No. 1, by Representative Decker.

Amend printed bill, page 3, line 4, after "FOUND", insert "FOR SALE AT RETAIL OR WHOLESALE";

strike lines 11 and 12 and substitute the following:

"THAT ARE SO MARKED IN QUANTITIES LESS THAN TEN CARTONS WHEN THE PACKAGES ARE HELD FOR PERSONAL CONSUMPTION AND NOT FOR RESALE.".

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

HB99-1267 by Representatives Smith, George, Alexander, Berry, Larson, Miller; also Senator Teck--Concerning the uranium mill tailings remedial action program.

Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated February 10, 1999, and placed in member's bill file; Report also printed in House Journal, February 11, page 421.

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 (HB99-1206, 1285, SB99-002, HB99-1004, 1174, 1231, 1301, 1261, 1277, 1279, 1212, 1220, 1256, 1250, 1214, 1307, 1289, 1226, 1234, 1243, 1253, 1283, 1290, 1304, SB99-005, 032) was laid over until February 22, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1199 amended, 1163 amended, 1204 amended, 1244, 1274 amended, 1288 amended, 1251 amended, 1275, 1213, 1215 amended, 1217 amended, 1218 amended, 1247, 1265 amended, 1268 amended, 1284 amended, 1216 amended, 1267 amended.

Laid over until date indicated retaining place on Calendar: HB99-1206, 1285, 1269, SB99-002, HB99-1004, 1174, 1231, 1301, 1261, 1277, 1279, 1212, 1220, 1256, 1250, 1214, 1307, 1289, 1226, 1234, 1243, 1253, 1283, 1290, 1304, SB99-005, 032--February 22, 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 63 NO 0 EXCUSED 1 VACANCY 1 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester E

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

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 COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

HB99-1249 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 3, line 14, strike "For" and substitute "For";

line 15, strike "the period of July 1, 1984, through" and substitute "the period of July 1, 1984, through THROUGH".

Page 4, strike lines 8 through 13 and substitute the following:

"SEVERANCE TAXES IMPOSED UNDER THE PROVISIONS OF THIS ARTICLE AFTER JUNE 30, 1999:

(a)  FORTY PERCENT OF THE TOTAL GROSS RECEIPTS REALIZED FROM THE SEVERANCE TAXES IMPOSED UPON METALLIC MINERALS, MOLYBDENUM ORE, AND COAL PURSUANT TO SECTIONS 39­29­103, 39­29­104 , AND 39­29­106 SHALL BE CREDITED TO THE STATE SEVERANCE TAX TRUST FUND CREATED BY SECTION 39­29­109, AND SIXTY PERCENT SHALL BE CREDITED TO THE LOCAL GOVERNMENT SEVERANCE TAX FUND CREATED BY SECTION 39­29­110; AND

(b)  FIFTY PERCENT OF THE TOTAL GROSS RECEIPTS REALIZED FROM ALL OTHER SEVERANCE TAXES IMPOSED UNDER THE PROVISIONS OF THIS ARTICLE THAT ARE NOT SPECIFICALLY ALLOCATED AS PROVIDED IN PARAGRAPH (a) OF THIS SUBSECTION (2) SHALL BE CREDITED TO THE STATE SEVERANCE TAX TRUST FUND CREATED BY SECTION 39­29­109, AND FIFTY PERCENT SHALL BE CREDITED TO THE LOCAL GOVERNMENT SEVERANCE TAX FUND CREATED BY SECTION 39­29­110.

SECTION 6.  The introductory portion to 39­29­109 (1) (a), Colorado Revised Statutes, is amended to read:

39­29­109.  Severance tax trust fund ­ created ­ administration ­ use of moneys. (1) (a)  There is hereby created in the office of the state treasurer the severance tax trust fund. The fund is to be perpetual and held in trust as a replacement for depleted natural resources and for the development and conservation of the state's water resources pursuant to sections 37­60­106 (1) (j) and (1) (l), 37­60­119, and 37­60­122, C.R.S., and for the use in funding programs that promote and encourage sound natural resource planning, management, and development related to minerals, energy, geology, and water. State severance tax receipts shall be credited to the severance tax trust fund as provided in section 39­29­108. All income derived from the deposit and investment of the moneys in the severance tax trust fund shall be credited to the general SEVERANCE TAX TRUST fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund. All moneys in the fund shall be subject to appropriation by the general assembly for the following purposes:".

Renumber succeeding section accordingly.


HB99-1313 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 6, strike "eight" and substitute "eight TEN";

strike line 8, and substitute the following:

"of this section, and three members ONE MEMBER from the public at large, THE COMMISSIONER OF AGRICULTURE, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES, OR THEIR DESIGNEES, BOTH OF WHOM SHALL SERVE AS EX­OFFICIO NONVOTING MEMBERS. NEITHER THE COMMISSIONER OF AGRICULTURE, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES, OR THEIR DESIGNEES, SHALL BE CONSIDERED AS REPRESENTATIVES OF ANY POLITICAL PARTY FOR PURPOSES OF SUBSECTION (5) OF THIS SECTION. No more than".

Page 3, line 15, strike "agricultural or produce" and substitute "agricultural or produce";

strike lines 16 through 20 and substitute the following:

"growers, sportsmen or outfitters, wildlife organizations, and boards of county commissioners, AND THE PUBLIC AT LARGE. Three TWO members of the commission shall be appointed from the public at large SPORTSMEN AND SPORTSWOMEN'S ORGANIZATIONS. WITH THE EXCEPTION OF MEMBERS SERVING ON THE COMMISSION ON JANUARY 1, 2000, A MEMBER SHALL SERVE HIS OR".

Page 4, line 17, strike "AND WHO HAS", and substitute "OR WHO CAN DEMONSTRATE".

Page 5, line 4, strike the second "AND" and substitute "OR".



BUSINESS AFFAIRS AND LABOR

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

HB99-1224 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 5, line 5, strike "THAT ENSURE THAT" and substitute "FOR";

strike lines 8 through 13 and substitute the following:

"(a)  PROVIDES BLIND OR VISUALLY IMPAIRED INDIVIDUALS WITH ACCESS TO INFORMATION TECHNOLOGY TO BE PURCHASED IN THE FUTURE BY STATE AGENCIES OR STATE­ASSISTED ORGANIZATIONS BY ENSURING COMPATIBILITY WITH ADAPTIVE TECHNOLOGY SYSTEMS SO THAT BLIND AND VISUALLY IMPAIRED INDIVIDUALS HAVE FULL AND EQUAL ACCESS WHEN NEEDED; AND";

strike lines 17 through 24 and substitute the following:

"OPTIONS.

(2)  THE COMMISSION SHALL CONSULT WITH STATE AGENCIES, STATE­ASSISTED ORGANIZATIONS, AND REPRESENTATIVES OF INDIVIDUALS WHO ARE BLIND AND VISUALLY IMPAIRED IN DEVELOPING THE NONVISUAL ACCESS STANDARDS DESCRIBED IN SUBSECTION (1) OF THIS SECTION AND THE TECHNOLOGY ACCESS CLAUSE DESCRIBED IN SECTION 24­85­104.

(3)  THE HEAD OF EACH STATE AGENCY OR STATE­ASSISTED ORGANIZATION SHALL ESTABLISH A WRITTEN PLAN AND A PROPOSED OPERATING BUDGET FOR IMPLEMENTING THE NONVISUAL ACCESS STANDARDS FOR ITS AGENCY OR ORGANIZATION FOR FUTURE PURCHASES OF UPGRADES OR REPLACEMENT OF EXISTING INFORMATION TECHNOLOGY EQUIPMENT OR SOFTWARE.

(4)  THE COMMISSION SHALL EVALUATE THE EFFECTIVENESS OF THE NONVISUAL ACCESS STANDARDS AND THE USE OF TECHNOLOGY ACCESS CLAUSES IN CONTRACTS AND SHALL REPORT TO THE GENERAL ASSEMBLY ON THE IMPLEMENTATION OF THE NONVISUAL ACCESS STANDARDS BY STATE AGENCIES AND STATE­ASSISTED ORGANIZATIONS. SUCH REPORT SHALL BE SUBMITTED TO THE GENERAL ASSEMBLY ON OR BEFORE JANUARY 1, 2003.".

Page 6, line 1, strike "TO" and substitute "THAT MAY";

strike line 5 and substitute the following:

"THAT INFORMATION TECHNOLOGY SUPPLIED BY THE VENDOR MEETS";

line 6, strike "WITH";

line 12, strike "PRESENTED;" and substitute "PRESENTED AND WHEN INFORMATION TECHNOLOGY IS PURCHASED FOR COMPUTER NETWORKS MUST BE COMPATIBLE WITH NONVISUAL MEANS OF ACCESS; AND";

strike lines 13 through 15.

Reletter succeeding paragraph accordingly.

Page 6, strike lines 20 through 23 and substitute the following:

"(2)  STATE AGENCIES AND STATE­ASSISTED ORGANIZATIONS MAY INCLUDE THE TECHNOLOGY ACCESS CLAUSE IN ANY CONTRACT FOR THE PROCUREMENT OF INFORMATION TECHNOLOGY ENTERED INTO ON OR AFTER FEBRUARY 1, 2001.".

Page 7, strike lines 16 through 23.


HB99-1259 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 4, after line 3, insert the following:

"(e)  THE PRESUMPTION SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH (c) OF THIS SUBSECTION (2) SHALL NOT APPLY IN AN ACTION FOR DAMAGES AGAINST A GENERAL PARTNER BY THE OTHER PARTNERS BASED ON ANY DELAY OR FAILURE TO EXECUTE OR FILE A CERTIFICATE OF LIMITED PARTNERSHIP.".


HB99-1270 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, line 19, after "CORPORATION,", insert "A MEMBER OF A LIMITED LIABILITY COMPANY,";

line 24, strike "EXCEPT WITH REGARD";

strike lines 25 and 26.

Page 4, strike line 1;

line 2, strike "TITLE 12, C.R.S., ANY" and substitute "ANY";

line 12, after "LOCATION.", add "THE REGISTRATION REQUIREMENTS OF THIS SECTION SHALL NOT APPLY TO ANY INDIVIDUAL WHO, FOR A SALARY, COMMISSION, OR COMPENSATION OF ANY KIND, IS EMPLOYED DIRECTLY OR INDIRECTLY BY ANY REGISTERED MANUFACTURED HOME SELLER TO SELL OR NEGOTIATE FOR THE SALE OF MANUFACTURED HOMES.";

line 20, strike "RESIDENTIAL";

line 23, after "ACTIVITIES.", insert "THE APPLICATION SHALL ALSO CONTAIN THE ADDRESS AND TELEPHONE NUMBER OF EACH RETAIL LOCATION OPERATED BY THE APPLICANT AS WELL AS THE LOCATION AND ACCOUNT NUMBER OF THE SEPARATE FIDUCIARY ACCOUNT REQUIRED BY SECTION 6­1­604 (1).".

Page 5, line 2, after "ISSUANCE.", add "IF, AFTER ISSUANCE OF A REGISTRATION, ANY OF THE REQUIRED INFORMATION SUBMITTED WITH THE APPLICATION FOR SUCH REGISTRATION PURSUANT TO SUBSECTION (2) OF THIS SECTION BECOMES INACCURATE, A PRINCIPAL OF THE MANUFACTURED HOME SELLER SHALL NOTIFY THE ATTORNEY GENERAL IN WRITING OF SUCH INACCURACY WITHIN THIRTY DAYS AND PROVIDE THE ATTORNEY GENERAL WITH ACCURATE UPDATED INFORMATION.";

line 3, strike "BY RULE";

line 4, after "THAN", insert "TWO HUNDRED";

line 14, strike "FUND." and substitute "FUND OR USED FOR ANY PURPOSE OTHER THAN TO OFFSET THE COSTS OF IMPLEMENTING AND ADMINISTERING THIS PART 6.";

strike lines 18 through 26.

Page 6, strike lines 1 through 3 and substitute the following:

"(5)  FOR PURPOSES OF THIS SECTION, A PERSON IS NOT ENGAGED IN THE BUSINESS OF SELLING MANUFACTURED HOMES IF SUCH PERSON:

(a)  IS A NATURAL PERSON ACTING PERSONALLY IN SELLING A MANUFACTURED HOME OWNED OR LEASED BY SUCH PERSON;

(b)  SELLS A MANUFACTURED HOME IN THE COURSE OF ENGAGING IN ACTIVITIES THAT ARE SUBJECT TO THE PROVISIONS OF ARTICLE 61 OF TITLE 12, C.R.S., OR ACTIVITIES THAT WOULD BE SUBJECT TO SUCH PROVISIONS BUT FOR A SPECIFIC EXEMPTION SET FORTH IN ARTICLE 1 OF TITLE 12, C.R.S.;

(c)  SELLS A MANUFACTURED HOME FOR SALVAGE OR NONRESIDENTIAL USE; OR

(d)  DIRECTLY OR INDIRECTLY SELLS, IN ANY CALENDAR YEAR, THREE OR FEWER PREVIOUSLY OCCUPIED MANUFACTURED HOMES THAT ARE OWNED BY A MANUFACTURED HOME PARK OWNER AND ARE LOCATED WITHIN ONE OR MORE MANUFACTURED HOME PARKS IN COLORADO.";

line 15, strike "RECEIVED UNDER";

strike line 16 and substitute the following:

"IN ACCORDANCE WITH THE TERMS OF THE CONTRACT PURSUANT TO WHICH THE PAYMENT WAS RECEIVED. A PERSON REQUIRED TO REGISTER WITH THE ATTORNEY GENERAL PURSUANT TO SECTION 6­1­603 WHO WISHES TO ENGAGE IN THE BUSINESS OF SELLING MANUFACTURED HOMES FROM ONE OR MORE RETAIL LOCATIONS IN COLORADO NEED NOT PROVIDE A SEPARATE LETTER OF CREDIT, CERTIFICATE OF DEPOSIT, OR SURETY BOND FOR EACH RETAIL LOCATION, BUT MAY MEET THE REQUIREMENTS OF THIS SECTION BY PROVIDING A SINGLE LETTER OF CREDIT, CERTIFICATE OF DEPOSIT, OR SURETY BOND. THE LETTER";

line 18, strike "AND" and substitute "THE ATTORNEY GENERAL AT THE SAME TIME AS THE INITIAL APPLICATION FOR REGISTRATION, SHALL BE";

line 19, strike "COLORADO" and substitute "COLORADO,";

line 20, strike "GENERAL, BUT" and substitute "GENERAL. HOWEVER,";

line 24, strike "BASED ON FRAUD,";

strike line 25;

line 26, strike "UPON" and substitute "IN FAVOR OF SUCH PERSON BASED ON A FINDING THAT THE REGISTERED PERSON FAILED TO REFUND A MANUFACTURED HOME DOWN PAYMENT OR PROVIDE A REASONABLE PER DIEM LIVING EXPENSE IN VIOLATION OF THE CONTRACTUAL PROVISIONS REQUIRED BY SECTION 6­1­605, OR UPON A CEASING OF BUSINESS OPERATIONS OR".

Page 8, strike lines 25 and 26.

Page 9, strike lines 1 through 11 and substitute the following:

"6­1­606.  Unlawful manufactured home sale practices. (1)  ANY PERSON WHO IS REQUIRED TO REGISTER WITH THE ATTORNEY GENERAL PURSUANT TO SECTION 6­1­603 ENGAGES IN AN UNLAWFUL MANUFACTURED HOME SALE PRACTICE WHEN SUCH PERSON:

(a)  FAILS TO COMPLY WITH THE REGISTRATION REQUIREMENTS OF SECTION 6­1­603;

(b)  FAILS TO COMPLY WITH THE ESCROW AND BONDING REQUIREMENTS OF SECTION 6­1­604;

(c)  FAILS TO INCLUDE, IN ANY CONTRACT FOR THE SALE OF A MANUFACTURED HOME, ANY OF THE DISCLOSURES OR CONTRACT PROVISIONS REQUIRED BY SECTION 6­1­605; OR

(d)  FAILS TO REFUND A MANUFACTURED HOME DOWN PAYMENT OR PROVIDE A REASONABLE PER DIEM LIVING EXPENSE IN VIOLATION OF THE CONTRACTUAL PROVISIONS REQUIRED BY SECTION 6­1­605 (2) (b).";

line 12, strike "Repeal.";

line 13, strike "repealed as follows:" and substitute "amended to read:";

line 20, after "home:", add "ENGAGES IN CONDUCT THAT CONSTITUTES AN UNLAWFUL MANUFACTURED HOME SALE PRACTICE AS DESCRIBED IN SECTION 6­1­606.".

Page 11, strike lines 16 through 26.

Page 12, strike lines 1 through 8 and substitute the following:

"SECTION 3.  Effective date ­ applicability. (1)  This act shall take effect October 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.

(2)  The registration, escrow and bonding, and contract requirements of this act shall apply to persons engaged in the business of selling manufactured homes on or after the applicable effective date of this act.".


SB99-057 be referred to the Committee of the Whole with favorable recommendation.



FINANCE

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

HB99-1165 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 4, after line 8, insert the following:

"SECTION 4. Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the highway users tax fund not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 1999, the sum of ninety-two thousand one hundred forty dollars ($92,140) and 3.2 FTE, or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, line 101, strike "FUEL." and substitute "FUEL, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".


HB99-1281 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Health, Environment, Welfare, and Institutions Committee Report, dated February 15, 1999, page 1, line 11, strike "IS" and substitute "ARE".

Page 2 of the committee report, line 12, strike "IS" and substitute "ARE";

line 18 of the committee report, after "IDENTIFIED,", insert "AND".


HB99-1294 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Local Government Committee Report, dated February 15, 1999, page 1, strike lines 6 and 7 and substitute the following:

"Page 3, strike line 2 and substitute the following:

"THE BOARD SEEKING INCLUSION IN THE DISTRICT.";".


HB99-1315 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 20, strike "2000," and substitute "1999,";

line 21, strike "2003," and substitute "2002,".

Page 4, line 1, strike "2004." and substitute "2003.";

after line 1, insert the following:

"SECTION 2. Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the national world war II memorial fund not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 1999, the sum of sixty-one thousand two hundred dollars ($61,200), or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, line 103, strike "MEMORIAL." and substitute "MEMORIAL, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".



JUDICIARY

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

HB99-1190 be postponed indefinitely.

HB99-1236 be referred to the Committee of the Whole with favorable recommendation.

HB99-1254 be referred to the Committee on Appropriations with favorable recommendation.

HB99-1298 be postponed indefinitely.

HB99-1309 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 5, after line 14, insert the following:

"(7) EACH CHAPLAIN SHALL MAINTAIN THE CONFIDENTIALITY OF ANY COMMUNICATION MADE TO THE CHAPLAIN IN HIS OR HER PROFESSIONAL CAPACITY IN THE COURSE OF DISCIPLINE EXPECTED BY THE RELIGIOUS BODY TO WHICH THE CHAPLAIN BELONGS. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ALLOW AN INFRINGEMENT OF THE PRIVILEGE RECOGNIZED PURSUANT TO SECTION 13­90­107 (1) (c), C.R.S.";

line 18, strike "____ dollars ($ )" and substitute "six hundred twenty-eight thousand five hundred thirty-seven dollars ($628,537)";

line 19, strike "____ FTE," and substitute "14.0 FTE,".


SB99-131 be referred to the Committee of the Whole with favorable recommendation.

STATE, VETERANS AND MILITARY AFFAIRS

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

HB99-1263 be referred to the Committee of the Whole with favorable recommendation.

HB99-1297 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 2, line 2, strike "(e), Colorado Revised Statutes, is" and substitute "(e) and (4) (a), Colorado Revised Statutes, are";

strike lines 20 through 24 and substitute the following:

"REGULATIONS, THAT ARE NOT NECESSARY TO ATTAIN OR MAINTAIN NATIONAL AMBIENT AIR QUALITY STANDARDS.

(4) (a)  In the event the commission, after hearing, finds and determines that a particular style or model of automobile air pollution control device is not sufficiently effective to justify the continued connection and operation of such device, the commission shall so notify the motor vehicle division of the department of revenue. thereafter, all devices of such particular style or model shall be exempt from the provisions of section 42­4­314, C.R.S.

SECTION 2.   Repeal.  Part 3 of article 4 of title 42, Colorado Revised Statutes, is repealed.".

Strike pages 3 through 7.

Page 8, strike lines 1 through 15 and substitute the following:

"SECTION 3.  25­7­106.3 (1), Colorado Revised Statutes, is amended to read:

25­7­106.3.  Commission ­ duties ­ wood­burning stoves ­ episodic no­burn days. (1) (a)  The commission shall promulgate, no later than March 1, 1990, such combination of regulations as it may find to be cost­effective and consistent with the legislative declaration set forth in section 25­7­102 in order to establish limitations on the use of wood­burning stoves and fireplaces during those periods of time declared by the Colorado department of PUBLIC health AND ENVIRONMENT to be a high pollution day. The department may declare a high pollution day based on experienced or anticipated excessive levels of carbon monoxide or particulates when air pollution standards are exceeded for particulates, carbon monoxide, or visibility. The limitations on the use of wood­burning stoves and fireplaces imposed pursuant to this section may include no­burn days, and such no­burn days shall be specific to the separate airsheds within the Denver­Boulder metropolitan area. Such limitations shall be applicable only in those portions of the counties of Adams, Arapahoe, Boulder, Denver, Douglas, and Jefferson which THAT are located in the AIR program area, as such area is defined in section 42­4­304 (20), C.R.S. PROGRAM AREA, AS DESCRIBED IN PARAGRAPH (b) OF THIS SUBSECTION (1). Such regulations shall exclude areas above seven thousand feet unless the commission determines that particulates from wood­burning in such areas are contributing to the brown cloud. Such regulations shall not apply to any person who utilizes wood­burning stoves or fireplaces as the primary source of heat in such person's place of residence. Such regulations shall permit exemptions for wood­burning stoves that meet Phase III emissions standards. For the purposes of this section, "Phase III" means wood stove standards adopted by the commission which are more strict than existing wood stove standards. The regulations promulgated pursuant to this subsection (1) shall not be effective until July 1, 1990.

(b)  THE PROGRAM AREA CONSISTS OF THE COUNTIES OF ADAMS, ARAPAHOE, BOULDER, DENVER, DOUGLAS, AND JEFFERSON EXCEPT:

(I)  THAT PORTION OF ADAMS COUNTY WHICH IS EAST OF KIOWA CREEK (RANGE 62 WEST, TOWNSHIPS 1, 2, AND 3 SOUTH) BETWEEN THE ADAMS­ARAPAHOE COUNTY LINE AND THE ADAMS­WELD COUNTY LINE;

(II)  THAT PORTION OF ARAPAHOE COUNTY WHICH IS EAST OF KIOWA CREEK (RANGE 62 WEST, TOWNSHIPS 4 AND 5 SOUTH) BETWEEN THE ARAPAHOE­ELBERT COUNTY LINE AND THE ARAPAHOE­ADAMS COUNTY LINE;

(III)  THAT PORTION OF EL PASO COUNTY WHICH IS EAST OF THE FOLLOWING BOUNDARY, DEFINED ON A SOUTH­TO­NORTH AXIS: FROM THE EL PASO­PUEBLO COUNTY LINE NORTH (UPSTREAM) ALONG CHICO CREEK (RANGES 63 AND 64 WEST, TOWNSHIP 17 SOUTH) TO HANOVER ROAD, THEN EAST ALONG HANOVER ROAD (EL PASO COUNTY ROUTE 422) TO PEYTON HIGHWAY, THEN NORTH ALONG PEYTON HIGHWAY (EL PASO COUNTY ROUTE 463) TO FALCON HIGHWAY, THEN WEST ON FALCON HIGHWAY (EL PASO COUNTY ROUTE 405) TO PEYTON HIGHWAY, THEN NORTH ON PEYTON HIGHWAY (EL PASO COUNTY ROUTE 405) TO JUDGE ORR ROAD, THEN WEST ON JUDGE ORR ROAD (EL PASO COUNTY ROUTE 108) TO ELBERT ROAD, THEN NORTH ON ELBERT ROAD (EL PASO COUNTY ROUTE 91) TO THE EL PASO­ELBERT COUNTY LINE;

(IV)  THAT PORTION OF LARIMER COUNTY WHICH IS WEST OF THE BOUNDARY DEFINED ON A NORTH­TO­SOUTH AXIS BY RANGE 71 WEST AND THAT PORTION WHICH IS NORTH OF THE BOUNDARY DEFINED ON AN EAST­TO­WEST AXIS BY TOWNSHIP 10 NORTH;

(V)  THAT PORTION OF WELD COUNTY WHICH IS OUTSIDE THE CORPORATE BOUNDARIES OF GREELEY, EVANS, LA SALLE, AND GARDEN CITY AND, IN ADDITION, IS OUTSIDE THE FOLLOWING BOUNDARY: BEGINNING AT THE POINT OF INTERSECTION OF THE WEST BOUNDARY LINE OF SECTION 21, TOWNSHIP SIX NORTH, RANGE SIXTY­SIX WEST AND STATE HIGHWAY 392, EAST ALONG STATE HIGHWAY 392 TO THE POINT OF INTERSECTION WITH WELD COUNTY ROAD 37; THEN SOUTH ALONG WELD COUNTY ROAD 37 TO THE POINT OF INTERSECTION WITH WELD COUNTY ROAD 64; THEN EAST ALONG WELD COUNTY ROAD 64 TO THE POINT OF INTERSECTION WITH WELD COUNTY ROAD 43; THEN SOUTH ALONG WELD COUNTY ROAD 43 TO THE POINT OF INTERSECTION WITH WELD COUNTY ROAD 62; THEN EAST ALONG WELD COUNTY ROAD 62 TO THE POINT OF INTERSECTION WITH WELD COUNTY ROAD 49; THEN SOUTH ALONG WELD COUNTY ROAD 49 TO THE POINT OF INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SECTION 13, TOWNSHIP FIVE NORTH, RANGE SIXTY­FIVE WEST; THEN WEST ALONG THE SOUTH BOUNDARY LINE OF SECTION 13, TOWNSHIP FIVE NORTH, RANGE SIXTY­FIVE WEST, SECTION 14, TOWNSHIP FIVE NORTH, RANGE SIXTY­FIVE WEST, AND SECTION 15, TOWNSHIP FIVE NORTH, RANGE SIXTY­FIVE WEST; THEN, FROM THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP FIVE WEST, RANGE SIXTY­FIVE WEST, SOUTH ALONG THE EAST BOUNDARY LINE OF SECTION 21, TOWNSHIP FIVE NORTH, RANGE SIXTY­FIVE WEST, AND SECTION 28, TOWNSHIP FIVE NORTH, RANGE SIXTY­FIVE WEST; THEN WEST ALONG THE SOUTH BOUNDARY LINE OF SECTION 28, TOWNSHIP FIVE NORTH, RANGE SIXTY­FIVE WEST; THEN SOUTH ALONG THE EAST BOUNDARY LINE OF SECTION 32, TOWNSHIP FIVE NORTH, RANGE SIXTY­FIVE WEST, AND SECTION 5, TOWNSHIP FOUR NORTH, RANGE SIXTY­FIVE WEST; THEN WEST ALONG THE SOUTH BOUNDARY LINE OF SECTION 5, TOWNSHIP FOUR NORTH, RANGE SIXTY­FIVE WEST, SECTION 6, TOWNSHIP FOUR NORTH, RANGE SIXTY­FIVE WEST, AND SECTION 1, TOWNSHIP FOUR NORTH, RANGE SIXTY­SIX WEST; THEN NORTH ALONG THE WEST BOUNDARY LINE OF SECTION 1, TOWNSHIP FOUR NORTH, RANGE SIXTY­SIX WEST, AND SECTION 36, TOWNSHIP FIVE NORTH, RANGE SIXTY­SIX WEST; THEN, FROM THE POINT OF INTERSECTION OF THE WEST BOUNDARY LINE OF SECTION 36, TOWNSHIP FIVE NORTH, RANGE SIXTY­SIX WEST AND WELD COUNTY ROAD 52, WEST ALONG WELD COUNTY ROAD 52 TO THE POINT OF INTERSECTION WITH WELD COUNTY ROAD 27; THEN NORTH ALONG WELD COUNTY ROAD 27 TO THE POINT OF INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SECTION 18, TOWNSHIP FIVE NORTH, RANGE SIXTY­SIX WEST; THEN WEST ALONG THE SOUTH BOUNDARY LINE OF SECTION 18, TOWNSHIP FIVE NORTH, RANGE SIXTY­SIX WEST, SECTION 13, TOWNSHIP FIVE NORTH, RANGE SIXTY­SEVEN WEST, AND SECTION 14, TOWNSHIP FIVE NORTH, RANGE SIXTY­SEVEN WEST; THEN NORTH ALONG THE WEST BOUNDARY LINE OF SECTION 14, TOWNSHIP FIVE NORTH, RANGE SIXTY­SEVEN WEST, SECTION 11, TOWNSHIP FIVE NORTH, RANGE SIXTY­SEVEN WEST, AND SECTION 2, TOWNSHIP FIVE NORTH, RANGE SIXTY­SEVEN WEST; THEN EAST ALONG THE NORTH BOUNDARY LINE OF SECTION 2, TOWNSHIP FIVE NORTH, RANGE SIXTY­SEVEN WEST, SECTION 1, TOWNSHIP FIVE NORTH, RANGE SIXTY­SEVEN WEST, SECTION 6, TOWNSHIP FIVE NORTH, RANGE SIXTY­SIX WEST, AND SECTION 5, TOWNSHIP FIVE NORTH, RANGE SIXTY­SIX WEST; THEN, FROM THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP FIVE NORTH, RANGE SIXTY­SIX WEST, NORTH ALONG THE WEST BOUNDARY LINE OF SECTION 33, TOWNSHIP SIX NORTH, RANGE SIXTY­SIX WEST, SECTION 28, TOWNSHIP SIX NORTH, RANGE SIXTY­SIX WEST, AND SECTION 21, TOWNSHIP SIX NORTH, RANGE SIXTY­SIX WEST, TO THE POINT OF BEGINNING.

SECTION 4.  25­7­106.7, Colorado Revised Statutes, is amended to read:

25­7­106.7.  Regulations ­ studies. The authority of the commission to promulgate regulations and to conduct studies and make reports to the general assembly pursuant to sections 25­7­106.1, 25­7­106.3, and 25­7­106.5 is limited to the program area, as defined DESCRIBED in section 42­4­304 (20), C.R.S. 25­7­106.3 (1) (b), and such regulations shall not apply outside the program area. The commission may determine which regulations promulgated pursuant to section 25­7­106.1 shall apply to separate airshed areas.

SECTION 5.  25­7­407 (9), Colorado Revised Statutes, is amended to read:

25­7­407.  Commission ­ rule­making for fireplaces. (9)  No regulation promulgated by the commission in accordance with subsection (8) of this section shall apply to any municipality or a county in the AIR program AREA, DESCRIBED IN SECTION 25­7­106.3 (1) (b), that has in effect, on and after January 1, 1993, an ordinance or building code provision substantially equivalent to the requirement set forth in subsection (8) of this section, as determined by the commission.

SECTION 6.  25­7­408 (1) (b) and (2) (b), Colorado Revised Statutes, are amended to read:

25­7­408.  Required compliance in building codes. (1) (b)  On and after January 1, 1993, every board of county commissioners of a county in the AIR program area, DESCRIBED IN SECTION 25­7­106.3 (1) (b), which THAT has enacted a building code, and thereafter every board of county commissioners of a county in the AIR SUCH program area which THAT enacts a building code, shall, pursuant to section 30­28­201 (2), C.R.S., adopt a building code provision requiring any person who installs or constructs any fireplace to comply with section 25­7­407 (8).

(2) (b)  On and after January 1, 1993, every governing body of a municipality in the AIR program area, DESCRIBED IN SECTION 25­7­106.3 (1) (b), which THAT has enacted a building code, and thereafter every governing body of a municipality in the AIR SUCH program area which THAT enacts a building code, shall, pursuant to section 31­15­601 (2), C.R.S., adopt a building code provision requiring any person who installs or constructs any fireplace to comply with section 25­7­407 (8).

SECTION 7.  25­7­411 (3), Colorado Revised Statutes, is amended to read:

25­7­411.  Legislative declaration. (3)  Therefore, the general assembly finds that it is necessary to implement a plan to further reduce wood smoke emissions in the AIR program area, DESCRIBED IN SECTION 25­7­106.3 (1) (b), and, therefore, enacts sections 25­7­411 to 25­7­413 to encourage and promote the reduction of wood­burning devices and the use of less polluting devices by taking advantage of new technology.

SECTION 8.  25­7­412 (3), Colorado Revised Statutes, is amended to read:

25­7­412.  Definitions. As used in sections 25­7­411 to 25­7­413, unless the context otherwise requires:

(3)  "Program area" means the portions of the six counties in the AIR program area DESCRIBED IN SECTION 25­7­106.3 (1) (b), including Adams, Arapahoe, Boulder, Denver, Douglas, and Jefferson counties.

SECTION 9.  The introductory portion to 42­1­217 (1), Colorado Revised Statutes, is amended to read:

42­1­217.  Disposition of fines and surcharges. (1)  All judges, clerks of a court of record, or other officers imposing or receiving fines, penalties, or forfeitures, except those moneys received pursuant to sections 42­4­313 (3), 42­4­413, 42­4­1701 (5) (a), 42­8­105, and 42­8­106, collected pursuant to or as a result of a conviction of any persons for a violation of any of the provisions of articles 1 to 4 (except part 3 of article 2) of this title, shall transmit, within ten days from the date of receipt of any such fine, penalty, or forfeiture, all such moneys so collected in the following manner:

SECTION 10.  42­2­127 (6) (c), Colorado Revised Statutes, is amended to read:

42­2­127.  Authority to suspend license ­ to deny license ­ type of conviction ­ points. (6) (c)  The provisions of paragraph (r) of subsection (5) of this section shall not be applicable to violations of the requirements of sections 42­2­115 AND 42­3­133. and 42­4­314.

SECTION 11.  42­3­112 (12) (a) (I), Colorado Revised Statutes, is amended to read:

42­3­112.  Records of application and registration. (12) (a)  As used in this subsection (12):

(I)  "Eligible vehicle" means a motor vehicle that has a valid certificate of registration issued by the department of revenue to a person whose address of record on such certificate is within the boundaries of the program area, as defined DESCRIBED in section 42­4­304 (20) 25­7­106.3 (1) (b), C.R.S. The term "eligible vehicle" shall not include motor vehicles held for lease or rental to the general public, motor vehicles held for sale by motor vehicle dealers, including demonstration vehicles, motor vehicles used for motor vehicle manufacturer product evaluations or tests, law enforcement and other emergency vehicles, or nonroad vehicles, including farm and construction vehicles.

SECTION 12.  42­3­134 (26) (c) and (27), Colorado Revised Statutes, are amended to read:

42­3­134.  Registration fees ­ passenger and passenger­mile taxes ­ repeal. (26) (c)  In addition to the alternative fuels financial incentive subaccount created pursuant to section 25­7­106.9 (1) (e) (II), C.R.S., There shall be established two separate subaccounts within the AIR account, one for the revenues available for appropriation to the department of public health and environment pursuant to paragraphs (a) and (b) of this subsection (26) and one for the revenues available for appropriation to the department of revenue pursuant to paragraph (b) of this subsection (26). and section 42­4­305. Any moneys remaining unexpended and unencumbered in either subaccount at the end of any fiscal year shall be appropriated by the general assembly for other purposes, subject to any limitations imposed by section 18 of article X of the state constitution.

(27)  Effective July 1, 1986, in addition to any other fee imposed by this section, there shall be collected, at the time of registration, a fee of ten dollars on every light and heavy duty diesel­powered motor vehicle in the program area registered pursuant to this article in the state of Colorado; except that, in the program area in Weld county designated in section 42­4­304 (20) 25­7­106.3 (1) (b), C.R.S., said fee shall not be collected until January 1, 1988. Such fee shall be transmitted to the state treasurer, who shall credit the same to the AIR account in the highway users tax fund, and such moneys shall be used, subject to appropriation by the general assembly, to cover the costs of the diesel­powered motor vehicle emissions control activities of the departments of public health and environment and revenue.

SECTION 13.  Repeal.  42­4­110 (4), Colorado Revised Statutes, is repealed as follows:

42­4­110.  Provisions uniform throughout state. (4) (a)  Any municipality, city, county, or city and county located within the program area of the AIR program area as defined in section 42­4­304 may adopt ordinances or resolutions pertaining to the enforcement of the emissions control inspection requirements set forth in section 42­4­310.

(b)  An officer coming upon an unattended vehicle in the program area which is in apparent violation of an ordinance or resolution adopted as authorized in paragraph (a) of this subsection (4) may place upon such vehicle a penalty assessment notice indicating the offense and directing the owner or operator of such vehicle to remit the penalty assessment as set forth in such ordinance to the local jurisdiction in whose name the penalty assessment notice was issued.

(c)  The aggregate amount of fines, penalties, or forfeitures collected pursuant to ordinances or resolutions adopted as authorized in paragraph (a) of this subsection (4) shall be retained by the local jurisdiction in whose name such penalty notice was issued.

SECTION 14.  42­4­202 (1), (2), and (4) (a), Colorado Revised Statutes, are amended to read:

42­4­202.  Unsafe vehicles ­ penalty ­ identification plates. (1)  It is unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which THAT is in such unsafe condition as to endanger any person, or which THAT does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this section and sections 42­4­204 to 42­4­231, and part 3 of this article, or which THAT is equipped in any manner in violation of said sections and part 3 or for any person to do any act forbidden or fail to perform any act required under said sections. and part 3.

(2)  The provisions of this section and sections 42­4­204 to 42­4­231 and part 3 of this article with respect to equipment on vehicles shall not apply to implements of husbandry or farm tractors, except as made applicable in said sections. and part 3.

(4) (a)  Upon its approval, the department shall issue an identification plate for each vehicle, motor vehicle, trailer, or item of mobile machinery, or self­propelled construction equipment, or similar implement of equipment, used in any type of construction business which THAT shall, when said plate is affixed, exempt any such item of equipment, machinery, trailer, or vehicle from all or part of this section and sections 42­4­204 to 42­4­231. and part 3 of this article.

SECTION 15.  42­4­205 (1) and (2), Colorado Revised Statutes, are amended to read:

42­4­205.  Head lamps on motor vehicles. (1)  Every motor vehicle other than a motorcycle or motor­driven cycle shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in sections 42­4­202 and 42­4­204 to 42­4­231. and part 3 of this article where applicable thereto.

(2)  Every motorcycle and every motor­driven cycle shall be equipped with at least one and not more than two head lamps, which shall comply with the requirements and limitations of sections 42­4­202 and 42­4­204 to 42­4­231. and part 3 of this article where applicable thereto.

SECTION 16.  42­4­221 (1), Colorado Revised Statutes, is amended to read:

42­4­221.  Bicycle equipment. (1)  No other provision of this part 2 and no provision of part 3 of this article shall apply to bicycles or to equipment for use on bicycles except those provisions in this article made specifically applicable to bicyclists, bicycles, or their equipment.

SECTION 17.  42­4­401 (8), Colorado Revised Statutes, is amended to read:

42­4­401.  Definitions. As used in this part 4, unless the context otherwise requires:

(8)  "Program area" means the counties as set forth in section 42­4­304 (20) 25­7­106.3 (1) (b), C.R.S.

SECTION 18.  42­4­404 (5), Colorado Revised Statutes, is amended to read:

42­4­404.  Powers and duties of the executive director of the department of public health and environment. (5)  The executive director may establish and operate technical or administrative centers, if necessary, for the proper administration of the diesel inspection program. or may utilize existing centers established for the AIR program pursuant to section 42­4­307.

SECTION 19.  42­4­412 (3) (b), Colorado Revised Statutes, is amended to read:

42­4­412.  Air pollution violations. (3) (b)  Subparagraph (II) of paragraph (a) of subsection (1) of this section shall apply to all areas of the state except the program area as defined DESCRIBED in section 42­4­304 (20) 25­7­106.3 (1) (b), C.R.S., which program area shall be subject to section 42­4­413.

SECTION 20.  42­4­413 (1) (a) and (2) (b) (II), Colorado Revised Statutes, are amended to read:

42­4­413.  Visible emissions from diesel­powered motor vehicles unlawful ­ penalty. (1) (a)  Effective January 1, 1987, no owner or operator of a diesel­powered vehicle shall cause or knowingly permit the emission from such vehicle of any visible air contaminants which THAT exceed the emission level as described in section 42­4­412 (2) (a) within the program area as defined DESCRIBED in section 42­4­304 (20) 25­7­106.3 (1) (b), C.R.S.

(2) (b) (II)  A fee of not more than six dollars and fifty cents shall be charged by emission technical centers for a certification of opacity compliance inspection and the certificate of no­smoke. Such fee shall be transmitted to the state treasurer, who shall credit the same to the AIR account established in section 42­4­311 (3) (b) 42­3­134 (26).

SECTION 21.  42­4­1701 (4) (a) (I) (E) and (4) (a) (I) (N), Colorado Revised Statutes, are amended to read:

42­4­1701.  Traffic offenses and infractions classified ­ penalties ­ penalty and surcharge schedule. (4) (a) (I)  Except as provided in paragraph (c) of subsection (5) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title to which the provisions of paragraph (a) or (b) of subsection (5) of this section apply shall be fined or penalized, and have a surcharge levied thereon pursuant to section 24­4.2­104 (1) (b) (I), C.R.S., in accordance with the penalty and surcharge schedule set forth in sub­subparagraphs (A) to (P) of this subparagraph (I); or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions shall be fifteen dollars, and the surcharge shall be two dollars. These penalties and surcharges shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections shall be as follows:

Section Violated Penalty Surcharge

(E)  Emissions inspections:

42­4­313 (3)(c) $ 50.00 $ 6.00

42­4­313 (3)(d) 15.00 2.00

(N)  Other offenses:

42­4­1301 (2)(a.5) $ 50.00 $ 6.00

42­4­1402 50.00 6.00

42­4­1403 15.00 2.00

42­4­1404 15.00 2.00

42­4­1406 35.00 4.00

42­4­1407 35.00 4.00

42­4­314 35.00 4.00

42­4­1408 15.00 2.00

SECTION 22.  Repeal.  42­9­111 (1) (e), Colorado Revised Statutes, is repealed as follows:

42­9­111.  Prohibited acts. (1)  No motor vehicle repair facility or any employee or contract laborer of such facility shall:

(e)  Perform emissions repairs to bring motor vehicles into compliance with the provisions of sections 42­4­301 to 42­4­316 when such repairs are not indicated by the identified emissions failure;

SECTION 23. Repeal.  42­12­102 (1) (b), Colorado Revised Statutes, is repealed as follows:

42­12­102.  Registration of collectors' items. (1)  Except for those motor vehicles which are entitled to registration under the provisions of section 42­3­138, collectors' items shall be titled, registered, and a specific ownership tax shall be paid thereon in the same manner as provided in this title for other motor vehicles, with the following exceptions:

(b)  No collector's item of model year 1960 or later for which a certification of emissions control is required under the provisions of sections 42­4­301 to 42­4­316 shall be registered under the provisions of this section unless a certification of emissions control is obtained for such collector's item. Reregistration of such collector's item by the same owner shall not require the obtainment of a new certification of emissions control, but such collector's item shall not be registered under the provisions of this section after the sale or transfer of such vehicle to a new owner until a new certification of emissions control has been obtained for such collector's item.".

Renumber succeeding section accordingly.

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APPOINTMENT

Due to the vacancy created by the resignation of Representative Sullivant, the Speaker announced the appointment of Representative King as the Vice-chairman of the Committee on Finance.

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LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, Consideration of SJR99-006 was laid over until February 22, retaining place on Calendar.

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Correction

H.J. page 497, strike lines 18 through 39 and substitute the following:

"Page 6, strike lines 11 through 14 and substitute the following:

"(e)  TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES;

(f)  TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT OF THE SENATE AND ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND";

after line 14, insert the following:

"(g)  TWO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE TO REPRESENT BUSINESSES THAT PROVIDE WORKERS' COMPENSATION INSURANCE AND THE OTHER TO REPRESENT BUSINESSES THAT ARE SELF-INSURED FOR WORKERS' COMPENSATION CLAIMS."."

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On motion of Representative Dean, the House adjourned until 9:00 a.m., February 22, 1999.

Approved:


RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk