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

Fifty-second Legislative Day Friday, February 26, 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.

Vacancy--1.

Absent and excused--Representative Mitchell--1.

The Speaker declared a quorum present.

_______________

On motion of Representative Larson, the reading of the journal of February 25, 1999, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORT OF COMMITTEE OF REFERENCE

TRANSPORTATION AND ENERGY

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

SB99-041 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 9, after "SAFELY.", add "THE DRIVER OF A VEHICLE PROCEEDING IN THE SAME DIRECTION AS A BICYCLE SHALL ONLY MAKE A RIGHT TURN IF THE VEHICLE IS AT LEAST ONE HUNDRED FEET IN FRONT OF THE BICYCLE AT THE TIME THAT THE TURN IS STARTED, AND A BICYCLIST SHALL YIELD TO A VEHICLE MAKING A TURN IN SUCH A MANNER.";

line 18, strike "MAINTAIN CLEARANCE UNTIL SAFELY PAST" and substitute "NOT AGAIN DRIVE TO THE RIGHT SIDE OF THE ROADWAY UNTIL SAFELY CLEAR OF".

Page 3, line 13, strike "ORDINANCES." and substitute "ORDINANCES; EXCEPT THAT A PERSON TWELVE YEARS OF AGE OR YOUNGER, UNACCOMPANIED BY A PERSON EIGHTEEN YEARS OR OLDER, SHALL IN ALL CASES DISMOUNT BEFORE ENTERING ANY CROSSWALK.".

_______________

APPOINTMENT

The Speaker announced the appointment of Representative Spradley to the Committee on Credentials.

________________

On motion of Representative McPherson, 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.)

SB99-002 by Senator Tebedo; also Representative Sinclair--Concerning procedures for striking a signature from a petition to recall a public official upon the request of the signer.

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

SB99-005 by Senators Reeves, Feeley, Powers, Tebedo; also Representatives Dean, Alexander, Berry, Johnson, Miller, Saliman--Concerning requirements for the acquisition of service credit for the statewide defined benefit plan of the fire and police pension association.

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

SB99-032 by Senators Tebedo, Feeley, Powers, Reeves; also Representatives Johnson, Alexander, Berry, Dean, Miller, Saliman--Concerning the selection of disability benefit options by members of the statewide death and disability plan who are members of the fire and police pension association.

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

SB99-015 by Senator Phillips; also Representative Witwer--Concerning authorization for a county to finance the acquisition of real property for public recreational use by entering into a lease purchase agreement.

Laid over until March 1, retaining place on Calendar.

SB99-024 by Senator Epps; also Representative Decker--Concerning the taxing authority of a school district that is also a special district to support public recreational facilities.

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

HB99-1002 by Representatives Alexander, Berry, Miller, Young; also Senator Musgrave-Concerning the exemption of farm equipment from state sales and use tax.

Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated January 13, 1999, and placed in member's bill file; Report also printed in House Journal, January 15, page 110.

Amendment No. 2, Finance Report, dated February 4, 1999, and placed in member's bill file; Report also printed in House Journal, February 8, pages 381-382.

Amendment No. 3, Appropriations Report, dated February 19, 1999, and placed in member's bill file; Report also printed in House Journal, February 22, page 542.

Amendment No. 4, by Representative Alexander.

Amend the Finance Committee Report, dated February 4, 1999, page 2, line 2, strike "STATEMENT" and substitute "REPORT".

Page 3, line 3, strike "statement" and substitute "report";

line 4, strike "C.R.S.," and substitute "Colorado Revised Statutes,".

Amendment No. 5, by Representative Alexander.

Amend the Agriculture, Livestock, and Natural Resources Committee Report, dated January 13, 1999, page 1, strike line 3 and substitute the following:

"line 23, strike "OR, IN THE CASE OF IRRIGATION SYSTEMS, A PER SYSTEM".";

strike line 7 and substitute the following:

"line 14, strike "OR, IN THE CASE OF IRRIGATION SYSTEMS, A PER SYSTEM".".

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

HB99-1151 by Representative Sinclair; also Senator Lamborn--Concerning an increase in the amount of retirement income received by persons sixty-five years of age or older that may be subtracted from federal taxable income for purposes of calculating state income tax.

Amendment No. 1, Finance Report, dated February 4, 1999, and placed in member's bill file; Report also printed in House Journal, February 5, pages 355-356.

Amendment No. 2, by Representative Sinclair.

Strike the Appropriations Committee Report, dated February 19, 1999, and substitute the following:

"Amend the Finance Committee Report, dated February 4, 1999, page 1, line 1, strike ""2001," and substitute ""2000,";

line 2, strike "STATEMENT" and substitute "REPORT";

line 20, strike "STATEMENT" and substitute "REPORT".".

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

HB99-1155 by Representatives Spradley, Alexander, George, Hefley, Johnson, Larson, Lawrence, Lee, May, Sullivant, Swenson, Witwer, Young; also Senator Owen--Concerning the creation of an income tax credit for taxpayers who donate real property interests for conservation purposes.

Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated January 21, 1999, and placed in member's bill file; Report also printed in House Journal, January 22, pages 177-178.

Amendment No. 2, Finance Report, dated February 4, 1999, and placed in member's bill file; Report also printed in House Journal, February 5, page 341.

Amendment No. 3, Appropriations Report, dated February 19, 1999, and placed in member's bill file; Report also printed in House Journal, February 22, pages 542-543.

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

HB99-1137 by Representative Taylor; also Senator Blickensderfer--Concerning an exclusion of certain income from Colorado taxable income, and, in connection therewith, excluding certain interest income, dividend income, and net capital gains from the income tax imposed on individuals, estates, and trusts.

Amendment No. 1, Finance Report, dated February 4, 1999, and placed in member's bill file; Report also printed in House Journal, February 5, page 340.

Amendment No. 2, Appropriations Report, dated February 19, 1999, and placed in member's bill file; Report also printed in House Journal, February 23, pages 555-556.

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

HB99-1050 by Representative Smith; also Senator Dennis--Concerning the creation of a process for the development of water projects to increase the water resources available to the citizens of Colorado, and, in connection therewith, providing for mitigation of the impact of said projects, establishing a water project assistance fund, and making an appropriation.

Laid over until March 5, retaining place on Calendar.

HB99-1056 by Representatives Berry, Dean, Zimmerman; also Senator Phillips--Concerning the emergency response to hazardous substance incidents, and making an appropriation therefor.

Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated January 28, 1999, and placed in member's bill file; Report also printed in House Journal, January 29, pages 266-268.

Amendment No. 2, Appropriations Report, dated February 24, 1999, and placed in member's bill file; Report also printed in House Journal, February 24, page 613.

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

HB99-1187 by Representatives Johnson, Bacon, Decker, Gotlieb, McKay, Spence, Takis, Tochtrop, T. Williams, Witwer, Young; also Senators Dennis, Anderson, Perlmutter, Phillips--Concerning the regulation of games of chance, and, in connection therewith, creating a charitable gaming commission in the department of state, continuing licensing powers conferred upon the secretary of state by the Colorado constitution, redesignating the secretary of state as the administrative and enforcement authority for bingo and other games of chance, and making an appropriation.

Laid over until March 1, retaining place on Calendar.

SB99-101 by Senator Evans; also Representative Young--Concerning the addition of the power to grant conservation easements to the powers available to a fiduciary under the "Colorado Fiduciaries' Powers Act".

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

On motion of Representative Dean, the remainder of the General Orders Calendar (SB99-057, 131) was laid over until March 1, retaining place on Calendar.

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ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: SB99-002, 005, 032, 024, HB99-1002 amended, 1151 amended, 1155 amended, 1137 amended, 1056 amended, SB99-101.

Laid over until date indicated retaining place on Calendar:

SB99-015, 057, 131, HB99-1187--March 1, 1999.

HB99-1050--March 5, 1999.

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

YES 62 NO 0 EXCUSED 2 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 Y King Y Larson Y Lawrence E Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell E 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 COMMITTEE OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

HB99-1316 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 8, after line 12, insert the following:

"(2)  REGARDLESS OF WHETHER THE APPLICANT MEETS THE CRITERIA SPECIFIED IN SUBSECTION (1) OF THIS SECTION, THE SHERIFF MAY DENY, REVOKE, OR REFUSE TO RENEW A PERMIT IF THE SHERIFF HAS A REASONABLE BELIEF THAT DOCUMENTED PREVIOUS BEHAVIOR BY THE APPLICANT, IN THE OPINION OF THE SHERIFF, MAKES IT LIKELY THE APPLICANT WILL PRESENT A DANGER TO SELF OR OTHERS IF THE APPLICANT RECEIVES A PERMIT TO CARRY A CONCEALED HANDGUN.";

line 13, strike "(2)" and substitute "(3)";

line 18, strike "SECTION," and substitute "SECTION OR THAT THE PERMITTEE WOULD PRESENT A DANGER AS PROVIDED IN SUBSECTION (2) OF THIS SECTION,".

Page 10, strike line 10 and substitute the following:

"OF THE SPECIFIC PROVISIONS OF ANY OTHER STATE LAW.".

Page 12, line 24, strike "(1)." and substitute "(1) AND TO DETERMINE WHETHER THE APPLICANT WOULD PRESENT A DANGER AS PROVIDED IN SECTION 18­12­203 (2).".

Page 13, line 18, strike "GROUND" and substitute "GROUNDS";

line 19, strike "(1)." and substitute "(1) OR THAT THE APPLICANT WOULD PRESENT A DANGER AS PROVIDED IN SECTION 18­12­203 (2).";

strike lines 21 through 23 and substitute the following:

"STATING THE GROUNDS FOR DENIAL. ANY APPLICANT WHO SEEKS REVIEW OF A PERMIT DENIAL SHALL INITIALLY REQUEST A REVIEW BY THE SHERIFF WHO DENIED THE PERMIT. THE REQUEST SHALL BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE SHERIFF WITHIN FIVE BUSINESS DAYS AFTER THE APPLICANT RECEIVED THE NOTICE OF DENIAL. EACH SHERIFF SHALL ADOPT PROCEDURES FOR REVIEW OF A PERMIT DENIAL. THE APPLICANT SHALL COMPLY WITH THE REVIEW PROCEDURES ADOPTED BY THE SHERIFF PRIOR TO SEEKING JUDICIAL REVIEW OF THE PERMIT DENIAL.".

Page 15, line 26, after "(1)", insert "AND DETERMINE WHETHER THE APPLICANT WOULD PRESENT A DANGER AS PROVIDED IN SECTION 18­12­203 (2)".

Page 17, line 12, after "2", insert "AND THAT IS HELD BY A PERSON WHO IS NOT A FULL­TIME RESIDENT OF COLORADO".

Page 18, strike lines 24 through 26 and substitute the following:

"SECTION 4.  The introductory portion to 18­12­105 (2) and 18­12­105 (2) (c), Colorado Revised Statutes, are amended to read:

18­12­105.  Unlawfully carrying a concealed weapon ­ unlawful possession of weapons. (2)  It shall be an affirmative defense that the NOT BE AN OFFENSE UNDER THIS SECTION IF THE defendant was:

(c)  A person who, prior to AT the time of carrying a concealed weapon, has been issued a HELD A VALID written permit TO CARRY A CONCEALED WEAPON ISSUED pursuant to section 18­12­105.1, to carry the weapon by the chief of police of a city or city and county, or the sheriff of a county AS IT EXISTED PRIOR TO JULY 1, 1999, OR, IF THE WEAPON INVOLVED WAS A HANDGUN, HELD A VALID PERMIT TO CARRY A CONCEALED HANDGUN ISSUED PURSUANT TO PART 2 OF THIS ARTICLE; or".

Page 19, strike lines 1 through 14.

Page 21, after line 7, insert the following:

"SECTION 10.  Article 20 of title 13, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 8

ACTIONS AGAINST FIREARMS OR AMMUNITION

MANUFACTURERS, DEALERS, OR TRADE ASSOCIATIONS

13­20­801.  Legislative declaration. THE GENERAL ASSEMBLY HEREBY FINDS THAT THE LAWFUL DESIGN, MARKETING, OR MANUFACTURE OF FIREARMS AND AMMUNITION AND THE LAWFUL SALE OF FIREARMS AND AMMUNITION TO THE PUBLIC IS NOT AN UNREASONABLY DANGEROUS ACTIVITY AND DOES NOT CONSTITUTE A NUISANCE PER SE.

13­20­802.  Authority to sue. (1)  THE AUTHORITY TO BRING SUIT AND THE RIGHT TO RECOVER AGAINST ANY FIREARMS OR AMMUNITION MANUFACTURER OR DEALER OR AGAINST ANY FIREARMS TRADE ASSOCIATION BY OR ON BEHALF OF ANY POLITICAL SUBDIVISION WITHIN THE STATE, WHETHER STATUTORY OR HOME­RULE, OR ANY DEPARTMENT, AGENCY, OR SUBDIVISION THEREOF, FOR DAMAGES, ABATEMENT, OR INJUNCTIVE RELIEF RESULTING FROM OR RELATING TO THE LAWFUL DESIGN, MANUFACTURE, MARKETING, OR SALE OF FIREARMS OR AMMUNITION TO THE PUBLIC SHALL BE RESERVED EXCLUSIVELY TO THE STATE.

(2)  THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT A POLITICAL SUBDIVISION FROM BRINGING AN ACTION AGAINST A FIREARMS OR AMMUNITION MANUFACTURER OR DEALER FOR BREACH OF CONTRACT OR WARRANTY AS TO FIREARMS OR AMMUNITION PURCHASED BY THE POLITICAL SUBDIVISION.

SECTION 11.  Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18­12­111.  Limitation on local ordinances regarding firearms ­ legislative declaration. (1) (a)  THE GENERAL ASSEMBLY HEREBY FINDS THAT:

(I)  THERE EXISTS A WIDESPREAD INCONSISTENCY AMONG JURISDICTIONS WITHIN THE STATE WITH REGARD TO FIREARMS REGULATIONS;

(II)  THIS INCONSISTENCY CREATES A CONFUSING AND UNENFORCEABLE PATCHWORK OF LAWS THAT UNFAIRLY SUBJECTS A CITIZEN WHO LAWFULLY POSSESSES A FIREARM IN ONE JURISDICTION TO CRIMINAL PENALTIES BECAUSE HE OR SHE TRAVELS INTO ANOTHER JURISDICTION;

(III)  THIS INCONSISTENCY PLACES CITIZENS IN THE POSITION OF NOT KNOWING WHEN THEY MAY BE VIOLATING THE LOCAL LAWS AND THEREFORE BEING UNABLE TO AVOID COMMITTING CRIME.

(b)  BASED ON THE FINDINGS SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (1), THE GENERAL ASSEMBLY CONCLUDES THAT:

(I)  THE REGULATION OF FIREARMS IS A MATTER OF STATEWIDE CONCERN;

(II)  IT IS NECESSARY TO PROVIDE STATEWIDE LAWS CONCERNING THE OWNERSHIP, POSSESSION, CARRYING, USE, OR TRANSFERRING OF A FIREARM TO ENSURE THAT LAW­ABIDING PERSONS ARE NOT UNFAIRLY PLACED IN THE POSITION OF UNKNOWINGLY COMMITTING CRIMES INVOLVING FIREARMS.

(2) (a)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO MUNICIPALITY, COUNTY, OR CITY AND COUNTY SHALL HAVE THE AUTHORITY TO ENACT ANY ORDINANCE OR RESOLUTION THAT WOULD RESTRICT A PERSON'S ABILITY TO OWN, POSSESS, CARRY, USE, OR TRANSFER A FIREARM TO A GREATER EXTENT THAN THE PERSON'S ABILITY TO OWN, POSSESS, CARRY, USE, OR TRANSFER A FIREARM IS RESTRICTED BY STATE STATUTE.

(b)  ANY ORDINANCE OR RESOLUTION THAT IMPOSES OR OTHERWISE RESULTS IN A GREATER PENALTY FOR VIOLATION OF SAID ORDINANCE OR RESOLUTION THAN WOULD BE IMPOSED FOR OR RESULT FROM VIOLATION OF A COMPARABLE STATE STATUTE SHALL BE DEEMED TO BE A GREATER RESTRICTION THAN THAT IMPOSED BY STATE STATUTE.

(3)  ANY ORDINANCE OR RESOLUTION PASSED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION THAT VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE DEEMED UNAUTHORIZED AND THEREFORE UNENFORCEABLE AS TO EVENTS OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.".

Renumber succeeding sections accordingly.

HB99-1318 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, line 8, strike "AGRICULTURE," and substitute

"AGRICULTURE OR DESIGNEE,".

SB99-111 be referred to the Committee of the Whole with favorable recommendation.

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INTRODUCTION OF BILLS

First Reading

The following bills were read by title and referred to the committees indicated:

HB99-1322 by Representatives Hoppe, Taylor, Gagliardi, Larson, Young; also Senators Wattenberg, Dennis, Dyer, Owen--Concerning access to the Colorado state patrol through the provision of toll-free telephone service.

Committee on Transportation & Energy

HB99-1323 by Representatives Paschall, Tool, Berry, Dean, Pfiffner, Fairbank, Gotlieb, Hefley, King, Lawrence, Lee, May, McKay, Mitchell, Morrison, Nuñez, Sinclair, Spence, Stengel, Swenson, Taylor, Webster, Williams T.; also Senators Lacy, Powers, Blickensderfer, Andrews, Dennis, Hillman, Musgrave, Teck--Concerning state excess revenues that are required to be refunded pursuant to section 20 (7) (d) of article X of the state constitution but that are not refunded as required.

Committee on Finance

HB99-1324 by Representative George; also Senator Powers--Concerning the authority of the department of transportation to engage in design-build contracting for transportation projects.

Committee on Transportation & Energy

HB99-1325 by Representative George; also Senator Powers--Concerning transportation revenue anticipation notes.

Committee on Transportation & Energy

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INTRODUCTION OF RESOLUTION

The following resolution was read by title and laid over one day under the rules:

HJR99-1012 by Representative Spradley; also Senators Tebedo, Epps, Hillman, Lamborn, Powers--Concerning the declaration of the month of March as Teller county month in the state of Colorado.

WHEREAS, Teller county was established on March 23, 1899, carved from portions of El Paso and Fremont counties; and

WHEREAS, Teller county was established in order to better represent the interests of the residents of the area in matters relating to taxes and politics; and

WHEREAS, Teller county has a rich history and has played an important role in the economy of the state; and

WHEREAS, The area that comprises Teller county was first known for the old Ute Pass trail, which offered passage through the Front Range of the Rockies for Indians, explorers, prospectors, cowboys, buffalo, and cattle, and later, with the construction of the Colorado Midland Railroad, the area grew to provide important services to railroad workers; and

WHEREAS, After the construction of the railroad, the area became a popular spot for pleasure seekers and recovering tuberculosis patients as well as travelers aboard the Midland trains; and

WHEREAS, The discovery of gold in the Cripple Creek area created the last great gold rush in Colorado, bringing thousands of people to the Teller county area and changing the economy of region as well as that of the entire state; and

WHEREAS, Cripple Creek mining operations not only produced amazing amounts of gold, but also boosted the economies of neighboring towns that provided a wide array of important support services to the mines and the miners; and

WHEREAS, As a result of the gold rush, lumber mills in the area around Cripple Creek prospered and the town of Divide became widely known for its high­quality, disease­free potatoes and fine crops of lettuce; and

WHEREAS, Teller county played a vital role in saving Colorado's crashing economy after the repeal of the Sherman Silver Purchase Act in 1893; and

WHEREAS, The sixty million ounces of gold removed from Cripple Creek and Victor boosted the nation's gold reserves; and

WHEREAS, After struggling to survive decades of a declining economy after the federal government shut down gold mining operations in Teller county, Teller county is experiencing a renewed economic boom with the introduction of limited gaming in Cripple Creek and the return of large­scale mining activities; and

WHEREAS, Teller county will be the last Colorado county to celebrate a centennial in the twentieth century; and

WHEREAS, It is important to recognize the centennial of the county of Teller; and

WHEREAS, Officials in the state of Colorado and Teller county wish to promote the study of the history of Teller county by its residents and all of the citizens of Colorado; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­second General Assembly of the State of Colorado, the Senate concurring herein:

That we, the members of the Colorado General Assembly, hereby proclaim the month of March, 1999, Teller county month.

_____________

CONSIDERATION OF RESOLUTIONS

SJR99-006 by Senators Tebedo, Feeley, Powers, Reeves; also Representatives Miller, Alexander, Berry, Dean, Johnson, Saliman-Concerning the Colorado general assembly's opposition to federal legislation that would mandate participation by police officers and firefighters in the federal social security system.

(Printed and placed in member's files.)

On motion of Representative Miller, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Allen, Bacon, Chavez, Clarke, Coleman, Decker, Fairbank, Gagliardi, Gordon, Gotlieb, Grossman, Hefley, Hoppe, Kaufman, Larson, Lee, Leyba, Mace, May, McElhany, McKay, McPherson, Nuñez, Paschall, Pfiffner, Plant, Ragsdale, Sinclair, Stengel, Takis, Tapia, Taylor, Tochtrop, Tool, Tupa, Veiga, Vigil, S.Williams, T.Williams, Windels, Witwer, Young, Zimmerman, Mr. Speaker.

HJR99-1011 by Representatives S.Williams, Spence, Alexander, Bacon, Clapp, Clarke, Gagliardi, Gotlieb, Johnson, Keller, Kester, Leyba, Miller, Mitchell, Morrison, Ragsdale, Sinclair, Smith, Takis, Tapia, Tate, Taylor, Tochtrop, Tool, Tupa, Windels, Witwer, Young; also Senators Anderson, Feeley­­Concerning Read Across America Day celebrating Dr. Seuss.

Laid over until March 1, retaining place on Calendar.

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CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS

HB99-1014 by Representative Coleman; also Senator Lamborn--Concerning the requirements for annual information to be provided to the Colorado department of revenue relating to amounts withheld for Colorado income tax purposes.

(Amended as printed in Senate Journal, February 19, page 327.)

Representative Coleman moved that the House not concur in Senate amendments and that a Conference Committee be appointed. The motion was declared passed by the following roll call vote:

YES 62 NO 1 EXCUSED 1 VACANCY 1 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke YColeman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell E Morrison Y Nuñez Y Paschall Y Pfiffner N 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

The Speaker appointed Representatives McPherson, Chairman, Stengel, and Coleman as House conferees to the bill.

HB99-1063 by Representative Dean; also Senators Tebedo, Feeley--Concerning termination upon remarriage of benefits paid under the statewide death and disability plan to a surviving spouse of a fire and police pension association member who dies while in active service.

(Amended as printed in Senate Journal, February 19, page 327.)

Representative Dean moved that the House not concur in Senate amendments and that a Conference Committee be appointed. The motion was declared passed by the following roll call vote:

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 Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell E 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

The Speaker appointed Representatives Dean, Chairman, Berry and Miller as House conferees to the bill.

_______________

House in recess. House reconvened.

______________

MESSAGE FROM THE GOVERNOR

I certify I received the following on the 26^th day of February, 1999, at 11:25 a.m. The original is on file in the records of the House of Representatives of the General Assembly.

Judith Rodrigue,

Chief Clerk of the House

February 26, 1999

To the Honorable

Colorado House of Representatives

Sixty-second General Assembly

First Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

H.B. 99-1005 Concerning the Use of a Direct Payment Permit Number by a Qualified Purchaser in Connection with Sales that Are Subject to Sales and Use Tax.

Approved February 26, 1999 at 10:06 a.m.

H.B. 99-1055 Concerning Annual Reports of the Colorado State Fair Authority.

Approved February 26, 1999 at 10:08 a.m.

Sincerely,

(signed)

Bill Owens

Governor

______________

COMMUNICATIONS FROM THE SECRETARY OF STATE

STATE OF COLORADO

Department of

State

UNITED STATES OF AMERICA ) SS. Certificate

STATE OF COLORADO )

I, VICTORIA BUCKLEY, Secretary of State of the State of Colorado, do hereby certify that the attached is a true and exact copy of the Certificate of Appointment to fill a Vacancy as filed in this office on February 26, 1999, by the Republican State House District 62 Vacancy Committee naming Glenn Scott to said Vacancy in the first regular session of the sixty-second General Assembly of the State of Colorado, caused by the resignation of the Honorable Bryan S. Sullivant.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Colorado, at the City of Denver this 26^th day of February, 1999.

(Signed)

(Signed)

Victoria Buckley

Secretary of State

_________

STATE OF COLORADO

Department of

State

UNITED STATES OF AMERICA ) SS. Certificate

STATE OF COLORADO )

I, VICTORIA BUCKLEY, Secretary of State of the State of Colorado, do hereby certify that the attached is a true and exact copy of the Declaration of Acceptance of Appointment to Fill a Vacancy in the office of State House District 62, by Glenn E. Scott, as filed in this office on February 26, 1999.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Colorado, at the City of Denver this 26^th day of February, 1999.

(Signed)

Victoria Buckley

Secretary of State

_______________

House in recess. House reconvened.

_______________

REPORT OF THE COMMITTEE ON CREDENTIALS

The Committee on Credentials has made an examination and finds that the certificate of the Republican Vacancy Committee for the Sixty-second Representative District, State of Colorado, naming Glenn Scott, certified by the Secretary of State of the state of Colorado, is a true, complete and authentic certificate. Glenn Scott is entitled to membership in this body pursuant to law in such case made and provided.

(signed)

Doug Dean, Chairman

Lola Spradley

Ken Gordon

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

_______________

The Speaker called on a committee of three consisting of Representatives Gotlieb, Taylor, and Leyba to escort Chief Judge Claus Hume to the podium for the purpose of administering the oath of office. Glenn E. Scott, 11413 Benton Ct., Westminster 80030, was given the oath of office at 11:30 a.m., February 26, 1999, in the Chamber of the House of Representatives.

_______________

On motion of Representative Dean, the House adjourned until 10:00 a.m., March 1, 1999.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk