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

Seventeenth Legislative Day Friday, January 22, 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--62.

Absent and excused--Representatives Clapp, Veiga--2.

Absent--Representative McPherson--1.

Present after roll call--Representatives Clapp, McPherson.

The Speaker declared a quorum present.

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On motion of Representative Decker, the reading of the journal of January 21, 1999, was dispensed with and approved as corrected by the Chief Clerk.

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REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

HB99­1050 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 4, line 3, after "AGENCIES.", insert "THESE LOCAL PLANNING GROUPS SHALL, WHEREVER POSSIBLE, INCORPORATE EXISTING PLANNING EFFORTS AND SHALL MEET AT SUCH TIMES AND PLACES AS ARE NECESSARY TO ADEQUATELY ADDRESS THE NEEDS OF THE RIVER BASIN, INCLUDING DIVIDING LOCAL PLANNING GROUPS INTO SMALLER SUB­GROUPS, SO LONG AS A RIVER BASIN PLAN IS DEVELOPED AND SUBMITTED TO THE COLORADO WATER CONSERVATION BOARD ACCORDING TO SECTION 37­60­203.";

strike lines 17 and 18, and substitute the following:

"AND OTHER NONCONSUMPTIVE WATER NEEDS;".

Page 5, after line 4, insert the following:

"(g)  WATER QUALITY CONDITIONS THAT ARE CONSISTENT WITH SECTION 25­8­104, C.R.S.";

line 5, strike "(g)" and substitute "(h)";

line 17, after "37­60­202," insert the following:

"AND THE WORK OF PLANNING GROUPS, AND NEEDS IDENTIFICATION STUDIES IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS PART 2, AND OTHER INFORMATION";

line 18, strike "37­60­202 (1) (f)," and substitute "37­60­202 (2) (f),".

Page 6, line 1, strike "RIGHTS" and substitute "RIGHTS, AS SET FORTH IN SECTION 37­92­102 (3),";

line 13, strike "HEARING" and substitute "MEETING".

Page 8, line 3, strike "HEARING" and substitute "MEETING";

line 14, strike "DEVELOPMENT".

HB99-1111 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 "2004." and substitute "2009.";

line 10, strike "2004." and substitute "2009.";

line 22, strike "2004." and substitute "2009.".

HB99­1123 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the printed bill, page 2, strike line 25.

Page 3, strike lines 1 and 2, and substitute the following:

"SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of 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; except that, if 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.".

HB99-1132 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the printed bill, page 27, strike lines 14 through 19, and substitute the following:

"SECTION 2 . Effective date - applicability. (1)   This act shall take effect January 1, 2000, unless a referendum petition is filed during the ninety-day 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 provisions of this act shall apply to ll commercial feed transactions that occur on or after the applicable effective date of this act.".

HB99-1155 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 2, strike lines 15 and 16 and substitute the following:

"FILE A QUALIFIED APPRAISAL AS DEFINED IN THE FEDERAL INTERNAL REVENUE CODE TREASURY REGULATION SECTION 1.170A­13 (c) (3)";

line 17, strike "CREATED".

Page 3, after line 13, insert the following:

"SECTION 2.  39­22­104 (3), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

39­22­104.  Income tax imposed on individuals, estates, and trusts ­ single rate. (3)  There shall be added to the federal taxable income:

(g)  AN AMOUNT EQUAL TO THE CHARITABLE CONTRIBUTION DEDUCTION ALLOWED BY SECTION 170 OF THE FEDERAL INTERNAL REVENUE CODE TO THE EXTENT SUCH DEDUCTION INCLUDES A CONTRIBUTION OF REAL PROPERTY TO A CHARITABLE ORGANIZATION FOR A CONSERVATION PURPOSE.

SECTION 3.  39­22­304 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

39­22­304.  Net income of corporation ­ repeal. (2)  There shall be added to federal taxable income:

(f)  AN AMOUNT EQUAL TO THE CHARITABLE CONTRIBUTION DEDUCTION ALLOWED BY SECTION 170 OF THE FEDERAL INTERNAL REVENUE CODE TO THE EXTENT SUCH DEDUCTION INCLUDES A CONTRIBUTION OF REAL PROPERTY TO A CHARITABLE ORGANIZATION FOR A CONSERVATION PURPOSE.".

Renumber succeeding section accordingly.

FINANCE

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

HB99-1006 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, strike line 25.

Page 4, strike lines 1 and 2 and substitute the following:

"SECTION 2.  Effective date.  This act shall take effect at 12:01 a.m. on the day following the expiration of 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; except that, if 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.".

HB99­1010 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, strike lines 2 through 4 and substitute the following:

"SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of 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; except that, if 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.".

HB99-1108 be referred to the Committee of the Whole with favorable recommendation.

LOCAL GOVERNMENT

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

HB99-1064 be postponed indefinitely.

HB99-1067 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, strike lines 15 through 21 and substitute the following:

"THAN NINE commissioners to act as an authority; except that, in any city and county having a population of more than three hundred thousand, the mayor shall appoint nine commissioners to act as an authority whose appointments shall be conditioned upon confirmation by the council. The residents of the dwellings or other accommodations owned, operated, or managed by an authority consisting of nine commissioners shall be represented on such authority. THE NUMBER OF COMMISSIONERS SHALL".

Page 3, strike lines 8 through 12 and substitute the following:

"may provide that an authority shall consist of five NO MORE THAN NINE commissioners appointed by the mayor; except that the council of a city and county having a population of more than three hundred thousand may provide that such authority shall consist of nine commissioners appointed by the mayor. The council may also provide that the mayor shall".

HB99-1102 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 5, strike lines 18 and 19, and substitute the following:

"A COMMUNITY AND IS OWNED OR OPERATED BY AN AGENCY OR POLITICAL SUBDIVISION OF THE STATE OR OF";

strike lines 23 and 24 and substitute the following:

"CARE FACILITY.".

HB99-1134 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 5, strike "and public utilities" and substitute "and public utilities, AND CABLE OPERATORS".

Page 2, strike lines 14 and 15 and substitute the following:

"SECTION 2.  29-8-103 (1), Colorado Revised Statutes, is amended, and the said 29-8-103 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:";

after line 17, insert the following:

"(1)  "Communication service" means the transmission of intelligence by electrical means, including, but not limited to, telephone, telegraph, messenger­call, block, police, fire alarm, and traffic control circuits or the transmission of television or radio signals. "CABLE OPERATOR" SHALL HAVE THE SAME MEANING AS SET FORTH IN THE FEDERAL "CABLE COMMUNICATIONS POLICY ACT OF 1984", AS AMENDED, 47 U.S.C. SEC. 522.

(1.5)  "COMMUNICATION SERVICE" MEANS THE TRANSMISSION OF INTELLIGENCE BY ELECTRICAL MEANS, INCLUDING, BUT NOT LIMITED TO, TELEPHONE, TELEGRAPH, MESSENGER­CALL, BLOCK, POLICE, FIRE ALARM, AND TRAFFIC CONTROL CIRCUITS OR THE TRANSMISSION OF TELEVISION OR RADIO SIGNALS.";

after line 24, insert the following:

"SECTION 3.  29­8­104, Colorado Revised Statutes, is amended to read:

29­8­104.  Powers conferred - local improvement district - surcharge.  (1)  The governing body of every county is authorized to create local improvement districts under this article within the unincorporated portion of such county, and the governing body of every city and town is authorized to create local improvement districts under this article within its territorial limits to provide for the conversion of existing overhead electric or communication facilities to underground locations and the construction, reconstruction, or relocation of any other electric or communication facilities which THAT may be incidental thereto, under the provisions of this article.

(2)  THE GOVERNING BODY OF EVERY PUBLIC UTILITY THAT IS NOT REGULATED BY THE PUBLIC UTILITIES COMMISSION, EXCEPT AS PROVIDED IN PART 1 OF ARTICLE 9.5 OF TITLE 40, C.R.S., MAY, BY RESOLUTION, IMPOSE A SURCHARGE ON THOSE CONSUMERS WITHIN SUCH PUBLIC UTILITY'S SERVICE AREA WHO DERIVE A BENEFIT FROM THE CONVERSION OF OVERHEAD ELECTRIC AND COMMUNICATION FACILITIES TO UNDERGROUND LOCATIONS. SUCH SURCHARGE SHALL BE LIMITED TO COSTS RELATED TO THE CONVERSION OF OVERHEAD ELECTRIC AND COMMUNICATION FACILITIES TO UNDERGROUND LOCATIONS.

SECTION 4.  Article 8 of title 29, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

29-8-137.5. Applicability to cable operators. THIS ARTICLE SHALL APPLY TO THE OVERHEAD COMMUNICATION FACILITIES OF CABLE OPERATORS, AND THOSE PROVISIONS THAT REFER TO A PUBLIC UTILITY OR PUBLIC UTILITIES SHALL ALSO APPLY TO CABLE OPERATORS.".

Renumber succeeding section accordingly.

STATE, VETERANS AND MILITARY AFFAIRS

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

HB99-1082 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 16, strike "(4)  ANY" and substitute "(4) (a)  FOR ANY ELECTOR REGISTERED AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (4), ANY";

after line 23, insert the following:

"(b)  FOR ANY ELECTOR REGISTERED AS OF THE EFFECTIVE DATE OF THIS SUBSECTION (4), WHO HAS PROVIDED THE COUNTY CLERK AND RECORDER BOTH AN ADDRESS OF RECORD AND A DELIVERABLE MAILING ADDRESS BUT HAS NOT INDICATED A MAILING PREFERENCE, ANY COMMUNICATION BY MAIL FROM THE COUNTY CLERK AND RECORDER TO ANY REGISTERED ELECTOR PURSUANT TO THIS TITLE, INCLUDING, BUT NOT LIMITED TO, A VOTER INFORMATION CARD PROVIDED PURSUANT TO SECTION 1­5­206 OR AN ELECTOR INFORMATION CARD PROVIDED PURSUANT TO SECTION 1­2­605, SHALL BE SENT TO THE ELECTOR'S DELIVERABLE MAILING ADDRESS.".

HB99-1147 be referred to the Committee of the Whole with favorable recommendation.

HB99-1152 be referred to the Committee of the Whole with favorable recommendation.

TRANSPORTATION AND ENERGY

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

HB99-1023 be referred to the Committee on Appropriations with favorable recommendation.

HB99-1024 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 20, strike "The" and substitute "42­4­1805 (3) (b) (III) and (4) and the".

Page 3, line 1, strike "is" and substitute "are";

after line 2, insert the following:

"(3) (b)  The report shall contain the following information:

(III)  A description of the abandoned motor vehicle, including the make, model, color, and year, the number, issuing state, and expiration date of the license plate, OR ANY OTHER INDICIA OF THE MOTOR VEHICLES STATE OF ORIGIN, and the vehicle identification number and a list of the names and addresses of any known drivers.

(4)  Upon its receipt of such report, the department shall search its records, THE RECORDS OF THE ISSUING STATE IF THE VEHICLE IS NOT REGISTERED IN COLORADO, or make other inquires to ascertain, if possible, the last­known owner of record of the abandoned motor vehicle and any lienholder as those persons are represented in department records. In the event the vehicle is determined by the department not to be registered in the state of Colorado, the report required by this section shall state that no Colorado title record exists regarding the vehicle. Within ten working days of such receipt, the department shall complete its search and shall transmit such report, together with all relevant information thereon, to the operator.";

line 21, strike "AUCTION";

line 22, after "DEALER", insert "OR WHOLESALER";

line 24, strike "COLORADO." and substitute "COLORADO; EXCEPT THAT THIS REQUIREMENT FOR SUCH SALE SHALL NOT APPLY TO THE SALE OF A VEHICLE PURSUANT TO SUBSECTION (3) OF THIS SECTION.".

Page 4, line 3, strike "NO" and substitute "EXCEPT AS PROVIDED IN PARAGRAPH (c) OF THIS SUBSECTION (2), NO";

line 7, strike "MAILED;" and substitute "MAILED.";

strike lines 8 through 13 and substitute the following:

"(c)  AN OPERATOR WHO RECEIVES NOTIFICATION FROM AN OWNER PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (2) MAY PROCEED WITH THE SALE OF SUCH VEHICLE IF:

(I)  SUCH NOTIFICATION CONTAINS THE OWNER'S WRITTEN CONSENT FOR THE OPERATOR TO SELL THE VEHICLE; OR

(II)  THE OWNER WHO MADE SUCH NOTIFICATION FAILS TO REDEEM THE VEHICLE WITHIN THIRTY CALENDAR DAYS FROM THE DATE THE NOTICE REQUIRED BY SECTION 42­4­1805 (5) WAS MAILED.

(d)  NOTHING IN THIS SECTION SHALL PROHIBIT AN OPERATOR FROM SELLING A MOTOR VEHICLE PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2) IN THE EVENT THE OPERATOR RECEIVES NO NOTIFICATION DESCRIBED IN PARAGRAPH (b) OF THIS SUBSECTION (2).

(e)  NOTHING IN THIS SECTION SHALL REQUIRE THAT AN OPERATOR MUST BE A LICENSED DEALER PURSUANT TO ARTICLE 6 OF TITLE 12, C.R.S., FOR PURPOSES OF SELLING A MOTOR VEHICLE PURSUANT TO THIS PART 18.";

strike lines 14 through 25.

Renumber succeeding sections accordingly.

Page 5, strike lines 24 and 25 and substitute the following:

"(IV)  ANY INFORMATION RELATING TO A VIOLATION OF ANY PROVISION CONTAINED IN THIS PART 18 OR OF ANY OTHER STATE LAW OR RULE RELATING TO THE OPERATION, THEFT, OR TRANSFER OF MOTOR VEHICLES.".

Page 6, after line 4, insert the following:

"SECTION  5. 42­4­1810 (2) (a), Colorado Revised Statutes, is amended to read:

42­4­1810.  Proceeds of sale. (2) (a)  The proceeds shall first satisfy the operator's charges as follows: The cost of towing the abandoned motor vehicle with a maximum charge of fifty dollars; the mileage for tows of greater than twenty­five miles one way, to be computed at the rate of one dollar per mile for each mile in excess of twenty­five miles one way; and the storage of the abandoned motor vehicle to be charged at the rate of four dollars per day for a maximum of sixty days THAT IS SPECIFIED IN RULES PROMULGATED BY THE PUBLIC UTILITIES COMMISSION THAT GOVERN NONCONSENSUAL TOWS BY TOWING CARRIERS. In the case of an abandoned motor vehicle weighing in excess of ten thousand pounds, the provisions of this paragraph (a) shall not apply and the operator's charges shall be determined by negotiated agreement between the operator and the responsible law enforcement agency.

SECTION 6.  Effective date.  This act shall take effect July 1, 2000.".

Renumber succeeding section accordingly.

HB99-1031 be referred to the Committee of the Whole with favorable recommendation.

HB99-1179 be referred to the Committee of the Whole with favorable recommendation.

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PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB99-1213, 1214, 1215; HCR99-1001.

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HJR99-1001, 1002, 1003; HR99-1006, 1007; SJR99-1, 2, 3, 4, 5, 7, 8.

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CONSIDERATION OF RESOLUTIONS

HJR99-1006 by Representatives McPherson, Tool, Berry, and Saliman; also Senators Grampsas, Lacy, Owen, and Tanner-Concerning the certification by the general assembly of its estimate of state general fund revenues and allowable state spending for the 1999-2000 budget year.

(Printed and placed in member's files; also printed in House Journal, January 18, 1999, pages 145-147.)

Representative McPherson moved the following amendment:

Amendment No. 1, Finance. Report, dated January 20, 1999, and placed in member's bill file; Report also printed in House Journal, January 21, page 168.

The amendment was declared passed by viva voce vote.

On motion of Representative McPherson, the resolution as amended was adopted by viva voce vote.

SJR99-009 by Senators Powers, Blickensderfer, Feeley; also Representatives George, Dean, Gordon--Concerning the deadline for passage of the school finance bill.

(Printed and placed in member's files.)

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

Co-sponsors added: Representatives Bacon, Coleman, Gagliardi, Kaufman, Keller, Kester, Larson, Ragsdale, Swenson, Tool, Tupa, Windels.

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INTRODUCTION AND CONSIDERATION OF RESOLUTION

The following resolution was read at length and given immediate consideration:

HR99-1008 by Representatives George and Hagedorn--Concerning an agreement between the Speakers of the Colorado House of Representatives and the Georgia House of Representatives relating to the consequences of Denver's impending Super Bowl victory over the Atlanta Falcons.

WHEREAS, the Denver Broncos posted a record of 14 wins against only 2 losses to claim the championship of the AFC West; and

WHEREAS, the Broncos season included a 13 game winning streak; and

WHEREAS, the Broncos' Terrell Davis rushed for over 2,000 yards on his way to being named the Most Valuable Player in the league; and

WHEREAS, the Broncos cruised through two playoff games at Mile High Stadium, crushing their opponents by a combined margin of victory of 48 points en route to the AFC Championship; and

WHEREAS, the Atlanta Falcons squeaked past their playoff opponents by an underwhelming combined margin of victory of 5 points; and

WHEREAS, the two teams will meet in Super Bowl XXXIII on Sunday, January 31, in Miami, Florida; and

WHEREAS, the Broncos' Mile High Salute will be seen on numerous occasions following Denver touchdowns during the course of the game; and

WHEREAS, the Broncos' swarming defense will ensure that sightings of a fowl known as the Dirty Bird will be so rare that said poultry will be consigned to the endangered species list; and

WHEREAS, there is NO WAY the Denver Broncos will lose in John Elway's final game; and

WHEREAS, the Denver Broncos will successfully defend their Super Bowl title and retain the Vince Lombardi Trophy; now, therefore,

Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado:

That Speaker Russell George of the Colorado House of Representatives and Speaker Thomas B. Murphy of the Georgia House of Representatives agree that the members of the losing state's House of Representatives shall, on Friday, February 5, 1999, publicly wear an item of sports apparel featuring the logo of the winning team. Such apparel items will be provided by the winning NFL franchise and will be delivered to the House of Representatives of the losing team's state.

Be It Further Resolved, That the Speaker supporting the losing team will publicly congratulate the winning team as part of that House's official business on Friday, February 5, 1999.

On motion of Representative George, the rules were suspended and the resolution given immediate consideration.

Amendment No. 1, by Representative Dean.

Amend printed resolution, page 1, after line 21, insert the following:

"WHEREAS, All Broncos fans are well aware of the Atlanta Falcons head coach's record in the Super Bowl; and".

The amendment was declared passed by viva voce vote.

On motion of Representative George, the resolution as amended was adopted by viva voce vote.

Co-sponsors added: Roll call of the House.

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On motion of Representative Tool, 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.

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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.)

HB99-1072 by RepresentativeMcPherson--Concerning immunity from civil liability for an employer who provides information about an employee to such employee's prospective employer.

Amendment No. 1, Judiciary Report, dated January 12, 1999, and placed in member's bill file; Report also printed in House Journal, January 13, page 93.

Amendment No. 2, by Representative McPherson.

Amend the Judiciary Committee Report, dated January 12, 1999, strike lines 3 and 4, and substitute the following:

"strike line 17, and substitute the following:

"(b)  THE EMPLOYEE'S WORK RELATED SKILLS, ABILITIES, HABITS, AND CHARACTERISTICS AS THEY MAY".".

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

HB99-1053 by Representatives Ament, Johnson; also Senator Dennis--Concerning exemptions under the federal "Safe Drinking Water Act".

Amendment No. 1, by Representative Johnson.

Strike the Agriculture, Livestock, and Natural Resources Committee Report, dated January 14, 1999, and substitute the following:

"Amend printed bill, page 2, strike lines 13 through 17 and substitute the following:

"(x.2)  TO NOT REQUIRE THE UNDERTAKING OF A SURVEY, CERTIFICATION, OR ANY OTHER FEDERAL REPORTING REQUIREMENTS FOR PUBLIC WATER SYSTEMS SUBJECT TO THE FEDERAL "SAFE DRINKING WATER ACT" WHEN THOSE WATER SYSTEMS QUALIFY FOR EXCLUSIONS FROM THE DEFINITION OF A PUBLIC WATER SYSTEM UNDER THE FEDERAL "SAFE DRINKING WATER ACT".".".

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

HB99-1054 by Representative Gotlieb; also Senator Chlouber--Concerning the repeal of sunset dates associated with the operation of water conservation programs.

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

HB99-1055 by Representatives Taylor, Pfiffner, Leyba; also Senators Reeves, Linkhart--Concerning annual reports of the Colorado state fair authority.

Amendment No. 1, by Representative Taylor.

Amend printed bill, page 3, line 2, strike "AND";

line 7, strike "EVENTS." and substitute "EVENTS; AND";

after line 7, insert the following:

"(g)  A STATEMENT OF REVENUES AND EXPENSES RESULTING FROM THE OPERATION OF THE ANNUAL COLORADO STATE FAIR AND INDUSTRIAL EXPOSITION FOR THE MOST RECENT PERIOD ENDING SEPTEMBER 30, INCLUDING A SUMMARY OF ATTENDANCE.".

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

HB99-1005 by Representative Larson; also Senator Chlouber--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.

Amendment No. 1, Finance Report, dated January 13, 1999, and placed in member's bill files; Report also printed in House Journal, January 15, pages 130-131.

Amendment No. 2, by Representative Larson.

Amend the Finance Committee Report, dated January 13, 1999, page 2, line 10, strike "19" and substitute "17";

strike lines 11 through 19 and substitute the following:

""SECTION 11.  Effective date.  This act shall take effect January 1, 2000, 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.".".

Amendment No. 3, by Representative Vigil.

Amend printed bill, page 6, line 19, strike "PURCHASER." and substitute "PURCHASER THAT IS PAID FOR DIRECTLY FROM SUCH QUALIFIED PURCHASER'S FUNDS AND NOT THE PERSONAL FUNDS OF ANY INDIVIDUAL.".

Page 8, line 21, strike "SALE." and substitute "SALE THAT IS PAID FOR DIRECTLY FROM SUCH QUALIFIED PURCHASER'S FUNDS AND NOT THE PERSONAL FUNDS OF ANY INDIVIDUAL.".

Page 9, line 14, strike "SALE." and substitute "SALE THAT IS PAID FOR DIRECTLY FROM SUCH QUALIFIED PURCHASER'S FUNDS AND NOT THE PERSONAL FUNDS OF ANY INDIVIDUAL.".

Page 10, line 9, strike "SALE." and substitute "SALE THAT IS PAID FOR DIRECTLY FROM SUCH QUALIFIED PURCHASER'S FUNDS AND NOT THE PERSONAL FUNDS OF ANY INDIVIDUAL.".

Page 11, line 21, strike "SALE." and substitute "SALE THAT IS PAID FOR DIRECTLY FROM SUCH QUALIFIED PURCHASER'S FUNDS AND NOT THE PERSONAL FUNDS OF ANY INDIVIDUAL.".

Page 13, line 5, strike "SALE." and substitute "SALE THAT IS PAID FOR DIRECTLY FROM SUCH QUALIFIED PURCHASER'S FUNDS AND NOT THE PERSONAL FUNDS OF ANY INDIVIDUAL.".

Page 14, line 9, strike "SALE." and substitute "SALE THAT IS PAID FOR DIRECTLY FROM SUCH QUALIFIED PURCHASER'S FUNDS AND NOT THE PERSONAL FUNDS OF ANY INDIVIDUAL.".

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

HB99-1012 by Representatives McKay, Pfiffner; also Senator Andrews--Concerning the adjustment of the ratio of valuation for assessment for residential real property.

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

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.

Amendment No. 1, Finance Report, dated , January 13, 1998, and placed in member's bill file; Report also printed in House Journal, January 15, page 131.

Amendment No. 2, by Representative McPherson.

Amend printed bill, page 1, after line 1, insert the following:

"SECTION 1.  39­5­107 (1), Colorado Revised Statutes, is amended to read:

39­5­107.  Personal property schedule. (1)  All taxable personal property shall be listed on a form of schedule approved by the administrator and prepared and furnished by the assessor. Such schedule shall be so designed as to show the owner's name, and address, SOCIAL SECURITY NUMBER OR FEDERAL EMPLOYER IDENTIFICATION NUMBER, and the location and general description of the owner's taxable personal property, divided into the various subclasses, and shall provide sufficient space for the furnishing of such information, derived from the books of account, records, or Colorado income tax returns of the owner of such property, as may be required by the assessor to determine the actual value of such property.".

Renumber succeeding sections accordingly.

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

HB99-1089 by Representative Paschall; also Senator Rupert--Concerning the definition of cash assistance for purposes of the Colorado works program.

Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated, January 13, 1999, and placed in member's bill file; Report also printed in House Journal, January 15, pages 112-113.

Amendment No. 2, by Representative Leyba.

Amend the Health, Environment, Welfare, and Institutions Committee Report, dated January 13, 1999, page 1, strike lines 8 through 10 and substitute the following:

"(b).".

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 (HB99-1091, 1062, 1063, 1076, 1078, 1079, 1105, 1073, 1094, 1106, 1025, 1026, 1033, 1036, 1041, 1047, 1176, 1088, 1065, 1080, 1149) was laid over until January 25, retaining place on Calendar.

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AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative Pfiffner moved to amend the Report of the Committee of the Whole to show that the following Pfiffner, McPherson amendment, to HB 99­1072, did pass, and that HB 99­1072, as amended, did pass:

Amend printed bill, page 2, strike lines 25 and 26.

Page 3, strike lines 1 through 8.

Renumber succeeding subsection accordingly.

The amendment was declared lost by the following roll call vote:

YES 31 NO 33 EXCUSED 1 ABSENT 0

Alexander Y Allen YHoppe Y Bacon N Berry N Chavez N Clapp N Clarke N Coleman N Dean Y Decker Y Fairbank Y Gagliardi N Gordon N Gotlieb N Grossman N

Hagedorn N Hefley Y Johnson Y Kaufman N Keller N Kester Y King Y Larson N Lawrence Y Lee Y Leyba N Mace N May Y McElhany Y McKay Y McPherson Y

Miller N Mitchell Y Morrison N Nuñez Y Paschall N Pfiffner Y Plant N Ragsdale N Saliman N Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Sullivant Y Swenson Y

Takis N Tapia N Tate N Taylor Y Tochtrop N Tool N Tupa N Veiga E Vigil N Webster Y Williams, S. N Williams, T. Y Windels N Witwer Y Young Y Zimmerman N Mr. Speaker N

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1072 amended, 1053 amended, 1054, 1055 amended, 1005 amended, 1012, 1014 amended, 1089 amended.

Laid over until date indicated retaining place on Calendar:

HB99-1091, 1062, 1063, 1076, 1078, 1079, 1105, 1073, 1094, 1106, 1025, 1026, 1033, 1036, 1041, 1047, 1176, 1088, 1065, 1080, 1149--January 25, 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 64 NO 0 EXCUSED 1 ABSENT 0

Alexander Y Allen Y Hoppe 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 Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y

Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Sullivant Y Swenson Y

Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga E 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

BUSINESS AFFAIRS AND LABOR

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

HB99-1114 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, strike lines 2 through 4 and substitute the following:

"SECTION 2.  Effective date.  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day 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; except that, if 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.".

JUDICIARY

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

HB99-1071 be referred to the Committee of the Whole with favorable recommendation.

HB99-1075 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, strike lines 12 through 15;

line 19, after the period, add "NOTHING IN THIS SUBSECTION (2.5) SHALL BE CONSTRUED TO AUTHORIZE BAIL INSURANCE COMPANIES TO WRITE BAIL BONDS EXCEPT THROUGH LICENSED BAIL BONDING AGENTS.".

Page 5, line 13, after the period, add "NOTHING IN THIS PARAGRAPH (c) SHALL BE CONSTRUED TO AUTHORIZE BAIL INSURANCE COMPANIES TO WRITE BAIL BONDS EXCEPT THROUGH LICENSED BAIL BONDING AGENTS.".

Page 6, line 6, strike "FORFEITED AND" and substitute "FORFEITED.";

strike lines 7 through 10, and substitute the following:

"(b) (I)  IF A BOND IS DECLARED FORFEITED BY THE COURT, NOTICE OF THE BAIL";

line 11, strike "JUDGMENT" and substitute "ORDER";

line 13, strike "JUDGMENT." and substitute "FORFEITURE.";

line 15, strike "JUDGMENT." and substitute "FORFEITURE.";

line 16, strike "JUDGMENT";

after line 17, insert the following:

"(II)  THE NOTICE DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) SHALL INCLUDE, BUT NEED NOT BE LIMITED TO:

(A)  A STATEMENT INTENDED TO INFORM THE COMPENSATED SURETY OF THE ENTRY OF FORFEITURE;

(B)  AN ADVISEMENT THAT THE COMPENSATED SURETY HAS THE RIGHT TO REQUEST A SHOW CAUSE HEARING PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH (b) WITHIN FIFTEEN DAYS AFTER RECEIPT OF NOTICE OF FORFEITURE, BY PROCEDURES SET BY THE COURT; AND

(C)  AN ADVISEMENT THAT IF THE COMPENSATED SURETY DOES NOT REQUEST A SHOW CAUSE HEARING PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH (b), JUDGMENT SHALL BE ENTERED UPON EXPIRATION OF THIRTY DAYS FOLLOWING THE ENTRY OF FORFEITURE.

(III)  A COMPENSATED SURETY, UPON WHOM NOTICE OF A BAIL FORFEITURE ORDER HAS BEEN SERVED, SHALL HAVE FIFTEEN DAYS AFTER RECEIPT OF NOTICE OF SUCH FORFEITURE TO REQUEST A HEARING TO SHOW CAUSE WHY JUDGMENT ON THE FORFEITURE SHOULD NOT BE ENTERED FOR THE STATE AGAINST THE COMPENSATED SURETY. SUCH REQUEST SHALL BE GRANTED BY THE COURT AND A HEARING SHALL BE SET WITHIN THIRTY DAYS AFTER ENTRY OF FORFEITURE OR AT THE COURT'S EARLIEST CONVENIENCE. AT THE CONCLUSION OF THE HEARING REQUESTED BY THE COMPENSATED SURETY, IF ANY, THE COURT MAY ENTER JUDGMENT FOR THE STATE AGAINST THE COMPENSATED SURETY, OR THE COURT MAY IN ITS DISCRETION ORDER FURTHER HEARINGS. UPON EXPIRATION OF THIRTY DAYS AFTER THE ENTRY OF FORFEITURE, THE COURT SHALL ENTER JUDGMENT FOR THE STATE AGAINST THE COMPENSATED SURETY IF THE COMPENSATED SURETY DID NOT REQUEST WITHIN FIFTEEN DAYS AFTER RECEIPT OF NOTICE OF SUCH FORFEITURE A HEARING TO SHOW CAUSE.

(IV)  IF SUCH A SHOW CAUSE HEARING WAS TIMELY SET BUT THE HEARING DID NOT OCCUR WITHIN THIRTY DAYS AFTER THE ENTRY OF FORFEITURE, ANY ENTRY OF JUDGMENT AT THE CONCLUSION OF THE HEARING AGAINST THE COMPENSATED SURETY SHALL NOT BE VACATED ON THE GROUNDS THAT THE MATTER WAS NOT TIMELY HEARD. IF JUDGMENT IS ENTERED AGAINST A COMPENSATED SURETY UPON THE CONCLUSION OF A REQUESTED SHOW CAUSE HEARING, AND SUCH HEARING DID NOT OCCUR WITHIN THIRTY DAYS AFTER THE ENTRY OF FORFEITURE, EXECUTION UPON SAID JUDGMENT SHALL BE AUTOMATICALLY STAYED FOR NO MORE THAN ONE HUNDRED TWENTY DAYS AFTER ENTRY OF FORFEITURE.

(V)  IF AT ANY TIME PRIOR TO THE ENTRY OF JUDGMENT, THE DEFENDANT APPEARS IN COURT, EITHER VOLUNTARILY OR IN CUSTODY AFTER SURRENDER OR ARREST, THE COURT SHALL ON ITS OWN MOTION DIRECT THAT THE BAIL FORFEITURE BE SET ASIDE AND THE BOND EXONERATED, AT THE TIME THE DEFENDANT FIRST APPEARS IN COURT.";

line 19, strike "ONE HUNDRED TWENTY" and substitute "NINETY";

strike lines 20 and 21, and substitute the following:

"DATE OF ENTRY OF JUDGMENT; EXCEPT THAT, IF JUDGMENT IS ENTERED AGAINST A COMPENSATED SURETY UPON THE CONCLUSION OF A REQUESTED SHOW CAUSE HEARING, AND SUCH HEARING DID NOT OCCUR WITHIN THIRTY DAYS AFTER THE ENTRY OF FORFEITURE, THE JUDGMENT SHALL BE AUTOMATICALLY STAYED AS SET FORTH IN SUBPARAGRAPH (IV) OF PARAGRAPH (b) OF THIS SUBSECTION (5).".

Page 8, line 1, strike "(e)" and substitute "(b)";

strike lines 11 through 13, and substitute the following:

"CUSTODY AFTER SURRENDER OR ARREST, WITHIN NINETY DAYS AFTER THE ENTRY OF JUDGMENT, THE COURT, AT THE TIME THE DEFENDANT FIRST".

Page 9, strike lines 15 through 26.

Strike page 10.

Page 11, strike lines 1 through 25.

Renumber succeeding sections accordingly.

Page 14, line 5, strike "THIRTY" and substitute "FORTY-FIVE".

Page 15, line 3, strike "THIRTY" and substitute "FORTY-FIVE".

HB99-1136 be postponed indefinitely.

HB99-1183 be postponed indefinitely.

_______________

On motion of Representative Dean, the House adjourned until 10:00 a.m., January 25, 1999.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk