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.
_______________
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.
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, Consideration of SJR99-006 was laid over until February 22, retaining place on Calendar.
______________
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."."
_______________
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