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

Twenty-fourth Legislative Day Friday, January 29, 1999

Prayer by Pastor Stephen Swanson, St Paul's Lutheran Church, 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--Representative Gotlieb--1.

Absent--Representative Mitchell--1.

Present after roll call--Representatives Gotlieb, Mitchell.

The Speaker declared a quorum present.

_______________

On motion of Representative Fairbank, the reading of the journal of January 28, 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:

HJR99-1004 be referred out for final action.

HJR99-1005 be referred out for final action.

FINANCE

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

HB99-1004 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend the House Education Committee Report, dated January 18, 1999, page 1, line 10, strike "2004."." and substitute "2004.";";

after line 10, insert the following:

"after line 18, insert the following:

"SECTION 3. Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the public education voluntary contribution fund not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 1999, the sum of one hundred thirty-six thousand two hundred dollars ($136,200), or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, line 104, strike "EDUCATION." and substitute "EDUCATION, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".".

HB99-1048 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, strike everything below the enacting clause and substitute the following:

"SECTION 1.  Legislative declaration. The general assembly hereby finds and declares that the law currently provides certain protections to consumers with respect to delinquency charges and other fees assessed in a private consumer transaction for making a payment after its scheduled due date. The general assembly further finds and declares that comparable protections do not exist to define the imposition of state and local government delinquency charges upon citizens. This act is intended to extend some of the protections found in the consumer protection laws to citizens who receive goods or services from state and local governments but who pay for such goods or services after a scheduled due date.

SECTION 2.  Title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 79.5

Delinquency Charges Imposed by the State

24­79.5­101.  Definitions.  AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "AMOUNT DUE" MEANS THE AMOUNT OF A FEE, FINE, PENALTY, OR OTHER SEPARATE CHARGE DUE AND OWING TO THE STATE.

(2)  "DELINQUENCY CHARGE" MEANS A SEPARATE FEE, FINE, OR PENALTY LEVIED AS A RESULT OF THE LATE PAYMENT OF AN AMOUNT DUE. FOR PURPOSES OF THIS ARTICLE, A DELINQUENCY CHARGE SHALL NOT INCLUDE ANY FEE, FINE, OR OTHER PENALTY IMPOSED:

(a)  BY A STATE, COUNTY, MUNICIPAL, OR OTHER COURT;

(b)  AS A RESULT OF A CHECK, DRAFT , OR ORDER FOR THE PAYMENT OF MONEY THAT IS NOT PAID UPON PRESENTMENT;

(c)  IN CONNECTION WITH THE UNLAWFUL STOPPING, STANDING, OR PARKING OF A MOTOR VEHICLE; AND

(d)  BY A PUBLIC LIBRARY UPON OVERDUE, DAMAGED, OR DESTROYED MATERIALS.

(3)  "STATE" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION 11­54­102 (12), C.R.S.

24­79.5­102.  Delinquency charges. (1)  EXCEPT AS OTHERWISE EXPRESSLY AUTHORIZED BY STATE STATUTE OR PROVIDED BY WRITTEN CONTRACTUAL PROVISION, THE STATE SHALL NOT IMPOSE A DELINQUENCY CHARGE EXCEPT AS PROVIDED IN THIS SECTION.

(2)  NO DELINQUENCY CHARGE MAY BE COLLECTED BY THE STATE ON ANY AMOUNT DUE THAT IS PAID IN FULL WITHIN FIVE DAYS AFTER THE SCHEDULED DUE DATE.

(3)  NO DELINQUENCY CHARGE SHALL EXCEED FIFTEEN DOLLARS OR TWENTY­FIVE PERCENT OF THE AMOUNT DUE, WHICHEVER IS GREATER.

(4)  NO MORE THAN ONE DELINQUENCY CHARGE SHALL BE COLLECTED BY THE STATE ON ANY AMOUNT DUE REGARDLESS OF THE PERIOD OF TIME DURING WHICH THE AMOUNT DUE REMAINS IN DEFAULT.

(5)  IN THE EVENT THAT AN AMOUNT DUE IS ONE OF A SERIES OF PAYMENTS TO BE MADE TOWARD THE SATISFACTION OF A SINGLE FEE, FINE, PENALTY, OR OTHER CHARGE ASSESSED BY THE STATE, NO MORE THAN ONE DELINQUENCY CHARGE SHALL BE COLLECTED BY THE STATE ON ANY ONE OF SUCH PAYMENTS REGARDLESS OF THE PERIOD OF TIME DURING WHICH THE PAYMENT REMAINS IN DEFAULT.

(6)  NO INTEREST SHALL BE ASSESSED ON A DELINQUENCY CHARGE.

(7)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE STATE FROM CHARGING INTEREST ON AN AMOUNT DUE. IN NO EVENT SHALL SUCH INTEREST BE CHARGED UPON A DELINQUENCY CHARGE OR ANY AMOUNT OTHER THAN THE AMOUNT DUE. IN NO EVENT SHALL ANY SUCH INTEREST CHARGE EXCEED AN ANNUAL PERCENTAGE RATE OF EIGHTEEN PERCENT OR THE EQUIVALENT FOR A LONGER OR SHORTER PERIOD OF TIME.

(8)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE STATE FROM RECOVERING THE COSTS OF COLLECTION, INCLUDING BUT NOT LIMITED TO DISCONNECTION OR RECONNECTION FEES OR PENALTIES ASSESSED WHERE FRAUD IS INVOLVED.

SECTION 3.  Article 1 of title 29, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 11

LOCAL GOVERNMENT DELINQUENCY CHARGES

29­1­1101.  Definitions.  AS USED IN THIS PART 11, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "AMOUNT DUE" MEANS THE AMOUNT OF A FEE, FINE, PENALTY, OR OTHER SEPARATE CHARGE DUE AND OWING TO A LOCAL GOVERNMENT.

(2)  "DELINQUENCY CHARGE" MEANS A SEPARATE FEE, FINE, OR PENALTY LEVIED AS A RESULT OF THE LATE PAYMENT OF AN AMOUNT DUE. FOR PURPOSES OF THIS PART 11, A DELINQUENCY CHARGE SHALL NOT INCLUDE ANY FEE, FINE, OR OTHER PENALTY IMPOSED:

(a)  BY A STATE, COUNTY, MUNICIPAL, OR OTHER COURT;

(b)  AS A RESULT OF A CHECK, DRAFT , OR ORDER FOR THE PAYMENT OF MONEY THAT IS NOT PAID UPON PRESENTMENT;

(c)  IN CONNECTION WITH THE UNLAWFUL STOPPING, STANDING, OR PARKING OF A MOTOR VEHICLE; AND

(d)  BY A PUBLIC LIBRARY UPON OVERDUE, DAMAGED, OR DESTROYED MATERIALS.

(3)  "LOCAL GOVERNMENT" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION 29­1­602 (5) (a).

29­1­1102.  Delinquency charges. (1)  EXCEPT AS OTHERWISE EXPRESSLY AUTHORIZED BY STATE STATUTE OR PROVIDED BY WRITTEN CONTRACTUAL PROVISION, NO LOCAL GOVERNMENT SHALL IMPOSE A DELINQUENCY CHARGE EXCEPT AS PROVIDED IN THIS SECTION.

(2)  NO DELINQUENCY CHARGE MAY BE COLLECTED BY A LOCAL GOVERNMENT ON ANY AMOUNT DUE THAT IS PAID IN FULL WITHIN FIVE DAYS AFTER THE SCHEDULED DUE DATE.

(3)  NO DELINQUENCY CHARGE SHALL EXCEED THE AMOUNT OF FIFTEEN DOLLARS OR TWENTY­FIVE PERCENT OF THE AMOUNT DUE, WHICHEVER IS GREATER.

(4)  NO MORE THAN ONE DELINQUENCY CHARGE SHALL BE COLLECTED BY A LOCAL GOVERNMENT ON ANY AMOUNT DUE REGARDLESS OF THE PERIOD OF TIME DURING WHICH THE AMOUNT DUE REMAINS IN DEFAULT.

(5)  IN THE EVENT THAT AN AMOUNT DUE IS ONE OF A SERIES OF PAYMENTS TO BE MADE TOWARD THE SATISFACTION OF A SINGLE FEE, FINE, PENALTY, OR OTHER CHARGE ASSESSED BY A LOCAL GOVERNMENT, NO MORE THAN ONE DELINQUENCY CHARGE SHALL BE COLLECTED BY A LOCAL GOVERNMENT ON ANY ONE OF SUCH PAYMENTS REGARDLESS OF THE PERIOD OF TIME DURING WHICH THE PAYMENT REMAINS IN DEFAULT.

(6)  NO INTEREST SHALL BE ASSESSED ON A DELINQUENCY CHARGE.

(7)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A LOCAL GOVERNMENT FROM CHARGING INTEREST ON AN AMOUNT DUE. IN NO EVENT SHALL SUCH INTEREST BE CHARGED UPON A DELINQUENCY CHARGE OR ANY AMOUNT OTHER THAN THE AMOUNT DUE. IN NO EVENT SHALL ANY SUCH INTEREST CHARGE EXCEED AN ANNUAL PERCENTAGE RATE OF EIGHTEEN PERCENT OR THE EQUIVALENT FOR A LONGER OR SHORTER PERIOD OF TIME.

(8)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A LOCAL GOVERNMENT FROM RECOVERING THE COSTS OF COLLECTION, INCLUDING BUT NOT LIMITED TO DISCONNECTION OR RECONNECTION FEES, REINSTATEMENT CHARGES, OR PENALTIES ASSESSED WHERE FRAUD IS INVOLVED.

SECTION 4.  Effective date ­ applicability. (1)  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.

(2)  The provisions of this act shall apply to any amount due that first becomes due and owing on or after the applicable effective date of this act.".

HB99-1138 be postponed indefinitely.

JUDICIARY

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

HB99-1070 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, strike lines 2 through 9 and substitute the following:

"SECTION 1.  18­3­403 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

18­3­403.  Sexual assault in the second degree. (1)  Any actor who knowingly inflicts sexual penetration or sexual intrusion on a victim commits sexual assault in the second degree if:

(e.5)  AT THE TIME OF THE COMMISSION OF THE ACT, THE VICTIM IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE AND THE ACTOR IS AT LEAST TEN YEARS OLDER THAN THE VICTIM AND IS NOT THE SPOUSE OF THE VICTIM; OR

SECTION 2.  18­3­403 (2), Colorado Revised Statutes, is amended to read:

18­3­403.  Sexual assault in the second degree. (2)  Sexual assault in the second degree is a class 4 felony; EXCEPT THAT, IF THE OFFENSE IS COMMITTED UNDER THE CIRCUMSTANCES SPECIFIED IN PARAGRAPH (e.5) OF SUBSECTION (1) OF THIS SECTION, SEXUAL ASSAULT IN THE SECOND DEGREE IS A CLASS 1MISDEMEANOR.".

Page 2, strike lines 1 through 6.

Renumber succeeding sections accordingly.

HB99-1146 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, line 15, strike "CONTRARY TO THE JUVENILE'S BEST INTERESTS;" and substitute "IN THE JUVENILE'S AND THE COMMUNITY'S BEST INTERESTS;".

Page 4, line 8, strike "CONTRARY TO THE JUVENILE'S BEST INTERESTS;" and substitute "IN THE JUVENILE'S AND THE COMMUNITY'S BEST INTERESTS;";

line 18, after "(2)", insert "(a)" and strike "INITIAL REVIEW" and substitute "SENTENCING HEARING";

line 19, strike "19­2­906 (4)," and substitute "19­2­906,";

line 22, strike "REVIEW OF THE" and substitute "REVIEW.";

line 23, strike "ORDER." and strike "HEARING" and substitute "REVIEW";

line 24, strike "HEARING" and substitute "REVIEW".

Page 5, line 4, strike "(a)" and substitute "(I)";

line 5, strike "JUVENILE;" and substitute "JUVENILE AND THE COMMUNITY;";

line 6, strike "(b)" and substitute "(II)";

line 8, strike "(c)" and substitute "(III)";

line 11, strike "(d)" and substitute "(IV)";

line 13, strike "(e)" and substitute "(V)";

line 15, strike "(f)" and substitute "(VI)";

line 18, strike "(g)" and substitute "(VII)";

line 19, strike "TO" and substitute "AND SAFELY MAINTAINED IN" and strike "ADOPTION";

line 20, strike the first "OR";

after line 20, insert the following:

"(b)  IF THE JUVENILE RESIDES IN A PLACEMENT OUT OF STATE, THE ENTITY CONDUCTING THE REVIEW SHALL MAKE A DETERMINATION THAT THE OUT­OF­STATE PLACEMENT CONTINUES TO BE APPROPRIATE AND IN THE BEST INTERESTS OF THE JUVENILE.

(c)  IF THE REVIEW IS CONDUCTED BY THE DEPARTMENT OF HUMAN SERVICES AS AN ADMINISTRATIVE REVIEW, THE DEPARTMENT SHALL FORWARD A COPY OF THE FINDINGS REQUIRED IN PARAGRAPH (a) OF THIS SUBSECTION (2) TO THE APPROPRIATE JUDICIAL DISTRICT.";

line 21, after "(3)", insert "(a)";

line 23, after "HEARING", insert "TO REVIEW THE ORDER OF COMMUNITY PLACEMENT".

Page 6, line 3, strike "HEARING." and substitute "REVIEW." and strike "HEARING," and substitute "REVIEW,";

line 4, strike "HEARING" and substitute "REVIEW";

line 6, strike "(a)" and substitute "(I)";

line 7, strike "JUVENILE;" and substitute "JUVENILE AND THE COMMUNITY;";

line 8, strike "(b)" and substitute "(II)";

line 10, strike "(c)" and substitute "(III)";

line 12, strike "(d)" and substitute "(IV)";

line 14, strike "(e)" and substitute "(V)";

line 16, strike "(f)" and substitute "(VI)";

line 19, strike "(g)" and substitute "(VII)";

line 20, strike "TO" and substitute "AND SAFELY MAINTAINED IN" and strike "ADOPTION";

line 21, strike the first "OR";

after line 21, insert the following:

"(b)  IF THE JUVENILE RESIDES IN A PLACEMENT OUT OF STATE, THE ENTITY CONDUCTING THE REVIEW SHALL MAKE A DETERMINATION THAT THE OUT­OF­STATE PLACEMENT CONTINUES TO BE APPROPRIATE AND IN THE BEST INTERESTS OF THE JUVENILE.

(c)  IF THE REVIEW IS CONDUCTED BY THE DEPARTMENT OF HUMAN SERVICES AS AN ADMINISTRATIVE REVIEW, THE DEPARTMENT SHALL FORWARD A COPY OF THE FINDINGS REQUIRED IN PARAGRAPH (a) OF THIS SUBSECTION (3) TO THE APPROPRIATE JUDICIAL DISTRICT.".

Page 7, line 4, strike "the future status or placement of" and substitute "the future status or placement of A PERMANENT PLACEMENT FOR".

Page 11, line 5, strike "and (6)" and substitute "(6), and (8),"

Page 13, line 17, after "(6)", insert "(a)".

Page 14, after line 3, insert the following:

"(b)  IF THE JUVENILE RESIDES IN A PLACEMENT OUT OF STATE, THE ENTITY CONDUCTING THE REVIEW SHALL MAKE A DETERMINATION THAT THE OUT­OF­STATE PLACEMENT CONTINUES TO BE APPROPRIATE AND IN THE BEST INTERESTS OF THE JUVENILE.

(c)  IF THE REVIEW IS CONDUCTED BY THE DEPARTMENT OF HUMAN SERVICES AS AN ADMINISTRATIVE REVIEW, THE DEPARTMENT SHALL FORWARD A COPY OF THE FINDINGS REQUIRED IN PARAGRAPH (a) OF THIS SUBSECTION (6) TO THE APPROPRIATE JUDICIAL DISTRICT.

(8) (a)  Subsequent reviews by the court or, if there is no objection by any party to the action, in the court's discretion, through an administrative review conducted by the state department of human services, shall be conducted every six months except when the court requires a court review or when a court review is requested by the child's parents or guardians or by the child. In the event that an administrative review is ordered, all counsel of record shall be notified and may appear at said review. THE ENTITY CONDUCTING THE REVIEW SHALL MAKE THE SAME DETERMINATIONS AS ARE REQUIRED AT A PERIODIC REVIEW CONDUCTED PURSUANT TO PARAGRAPH (a) OF SUBSECTION (6) OF THIS SECTION.

(b)  IF THE JUVENILE RESIDES IN A PLACEMENT OUT OF STATE, THE ENTITY CONDUCTING THE REVIEW SHALL MAKE A DETERMINATION THAT THE OUT­OF­STATE PLACEMENT CONTINUES TO BE APPROPRIATE AND IN THE BEST INTERESTS OF THE JUVENILE.

(c)  IF THE REVIEW IS CONDUCTED BY THE DEPARTMENT OF HUMAN SERVICES AS AN ADMINISTRATIVE REVIEW, THE DEPARTMENT SHALL FORWARD A COPY OF THE FINDINGS REQUIRED IN PARAGRAPH (a) OF THIS SUBSECTION (8) TO THE APPROPRIATE JUDICIAL DISTRICT.

SECTION 10. Appropriation.  (1)  In addition to any other appropriation, there is hereby appropriated, to the department of Human Services, for the fiscal year beginning July 1, 1999, the sum of sixty-six thousand three-hundred ten dollars ($66,310) and 1.0 FTE, or so much thereof as may be necessary, for the implementation of this act. Of said sum, fifty-three thousand forty-eight dollars ($53,048) shall be from the general fund, and thirteen thousand two hundred sixty-two dollars ($13,262) shall be from federal funds.

(2)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the judicial department, for the fiscal year beginning July 1, 1999, the sum of two hundred twenty-one thousand two hundred sixty dollars ($221,260), or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding sections accordingly.

Page 1, line 102, strike "1997"." and substitute "1997", AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

HB99-1173 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 4, line 21, strike "SHALL," and substitute "MAY,".

HB99-1188 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, line 16, after "ADULT", insert "ADOPTEE'S".

Page 6, line 23, strike "July 1, 2001." and substitute "September 1, 1999.";

line 26, strike "JULY 1, 2001," and substitute "SEPTEMBER 1, 1999,".

Page 7, line 3, before "BIRTH", insert "ADOPTEE'S";

strike lines 19 through 24;

line 25, strike "July 1, 2001. (I)" and substitute "September 1, 1999. (I) (A)".

Page 8, line 1, strike "JULY 1, 2001," and substitute "SEPTEMBER 1, 1999,";

line 2, strike "ADOPTEE'S ADULT" and substitute "ADULT ADOPTEE'S";

after line 6, insert the following:

"(B)  NOTWITHSTANDING THE PROVISIONS OF SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (I), AN ADULT ADOPTEE'S BIRTH PARENT SHALL NOT BE ALLOWED TO INSPECT OR COPY THE ADOPTION RECORDS IF HIS OR HER PARENTAL RIGHTS WITH RESPECT TO THE ADOPTEE WERE TERMINATED DUE TO ABUSE OR IF SUCH BIRTH PARENT WAS FOUND TO BE A DANGER TO THE ADOPTEE OR THE ADOPTEE'S FAMILY.";

line 7, strike "JULY 1, 2001," and substitute "SEPTEMBER 1, 1999,";

line 8, before "BIRTH", insert "ADOPTEE'S";

line 18, before "ADOPTEE'S", insert "ADULT";

line 19, strike the first "ADULT".

Page 9, line 1, before "BIRTH", insert "ADOPTEE'S";

line 7, before "BIRTH", insert "ADOPTEE'S".

Page 11, line 7, before "BIRTH", insert "ADOPTEE'S".

LOCAL GOVERNMENT

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

HB99-1104 be postponed indefinitely.

HB99-1127 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, strike everything below the enacting clause and substitute the following:

"SECTION 1.  Title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 19.5

Alternative Forms of Payment to the State

24­19.5­101.  Definitions.  AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "ALTERNATIVE FORMS OF PAYMENT" MEANS FORMS OF PAYMENT OTHER THAN CASH OR CHECK.

(2)  "PROVIDER OF ALTERNATIVE FORMS OF PAYMENT" MEANS A PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO AN ISSUER OF CREDIT OR DEBIT CARDS, THAT PROVIDES ITS CUSTOMERS WITH THE ABILITY TO USE ONE OR MORE ALTERNATIVE FORMS OF PAYMENT.

(3)  "STATE GOVERNMENTAL ENTITY" MEANS THE STATE, ANY DEPARTMENT, AGENCY, OR OTHER ENTITY OF THE STATE, ANY STATE­SPONSORED INSTITUTION OF HIGHER EDUCATION, OR ANY AUTHORIZED AGENT OF ANY OF THE FOREGOING.

24­19.5­102.  Acceptance of alternative forms of payment for the payment of moneys payable to the state.  ANY STATE GOVERNMENTAL ENTITY RESPONSIBLE FOR THE COLLECTION OF MONEYS PAYABLE TO THE STATE MAY ACCEPT ONE OR MORE ALTERNATIVE FORMS OF PAYMENT, INCLUDING BUT NOT LIMITED TO CREDIT OR DEBIT CARDS, FOR THE PAYMENT OF SUCH MONEYS IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.

24­19.5­103.  Limitations on surcharges for the use of alternative forms of payment. (1) (a)  EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (1), NO STATE GOVERNMENTAL ENTITY THAT ACCEPTS ONE OR MORE ALTERNATIVE FORMS OF PAYMENT SHALL IMPOSE A SURCHARGE UPON ANY PERSON FOR THE PRIVILEGE OF USING SUCH ALTERNATIVE FORMS OF PAYMENT.

(b)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (1), ANY STATE GOVERNMENTAL ENTITY THAT, ON OR BEFORE JANUARY 1, 1999, WAS ACCEPTING ONE OR MORE ALTERNATIVE FORMS OF PAYMENT FOR THE PAYMENT OF MONEYS PAYABLE TO THE STATE AND WAS IMPOSING A SURCHARGE FOR THE PRIVILEGE OF USING SUCH ALTERNATIVE FORMS OF PAYMENT MAY CONTINUE TO IMPOSE SUCH SURCHARGE ON PERSONS WHO ELECT TO USE SUCH ALTERNATIVE FORMS OF PAYMENT ON OR AFTER JANUARY 1, 1999, BUT SHALL NOT INCREASE THE AMOUNT OF SUCH SURCHARGE.

24­19.5­104.  Master agreements ­ authority of state treasurer. (1)  THE STATE TREASURER MAY NEGOTIATE AND ENTER INTO ONE OR MORE MASTER AGREEMENTS WITH PROVIDERS OF ALTERNATIVE FORMS OF PAYMENT IN ACCORDANCE WITH LAW. TO ENSURE THAT STATE GOVERNMENTAL ENTITIES ACCEPT ALTERNATIVE FORMS OF PAYMENT IN THE MOST CONSUMER­ORIENTED, UNIFORM, AND COST­EFFECTIVE MANNER POSSIBLE, ANY STATE GOVERNMENTAL ENTITY THAT WISHES TO ACCEPT ONE OR MORE ALTERNATIVE FORMS OF PAYMENT SHALL DO SO BY JOINING IN ANY MASTER AGREEMENTS ENTERED INTO BY THE STATE TREASURER WITH RESPECT TO SUCH ALTERNATIVE FORMS OF PAYMENT. HOWEVER, THE EXISTENCE OF A MASTER AGREEMENT COVERING A PARTICULAR ALTERNATIVE FORM OF PAYMENT SHALL NOT REQUIRE ANY STATE GOVERNMENTAL ENTITY TO ACCEPT SUCH ALTERNATIVE FORM OF PAYMENT.

(2)  THE STATE TREASURER SHALL ENTER INTO NO MORE THAN ONE MASTER AGREEMENT COVERING ANY PARTICULAR ALTERNATIVE FORM OF PAYMENT. ANY PROVIDER OF ALTERNATIVE FORMS OF PAYMENT THAT WISHES TO HAVE ONE OR MORE STATE GOVERNMENTAL ENTITIES ACCEPT THE ALTERNATIVE FORMS OF PAYMENT THAT IT PROVIDES SHALL BE A PARTY TO ANY MASTER AGREEMENTS COVERING SUCH ALTERNATIVE FORMS OF PAYMENT AND SHALL BE SUBJECT TO THE SAME TERMS AND CONDITIONS AS ALL OTHER PROVIDERS OF ALTERNATIVE FORMS OF PAYMENT THAT ARE PARTIES TO SUCH AGREEMENTS. HOWEVER, THIS SUBSECTION (2) SHALL NOT REQUIRE THE STATE TREASURER TO INCLUDE ANY PARTICULAR PROVIDER OF ALTERNATIVE FORMS OF PAYMENT AS A PARTY TO ANY MASTER AGREEMENT.

(3) (a)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, THE FOLLOWING STATE GOVERNMENTAL ENTITIES MAY ACCEPT ALTERNATIVE FORMS OF PAYMENT WITHOUT JOINING A MASTER AGREEMENT ENTERED INTO BY THE STATE TREASURER:

(I)  JUDICIAL OR LEGISLATIVE STATE GOVERNMENTAL ENTITIES THAT ARE NOT PART OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT; AND

(II)  STATE GOVERNMENTAL ENTITIES THAT, ON OR BEFORE THE EFFECTIVE DATE OF THIS ARTICLE, WERE ACCEPTING ONE OR MORE ALTERNATIVE FORMS OF PAYMENT FOR THE PAYMENT OF MONEYS PAYABLE TO THE STATE AND HAD ONE OR MORE CONTRACTS WITH ONE OR MORE PROVIDERS OF ALTERNATIVE FORMS OF PAYMENT THAT ENABLED THE STATE GOVERNMENTAL ENTITY TO ACCEPT SUCH ALTERNATIVE FORMS OF PAYMENT.

(4)  NO LATER THAN SIXTY DAYS FOLLOWING THE END OF ANY GIVEN FISCAL YEAR, THE STATE TREASURER SHALL REPORT TO THE JOINT BUDGET COMMITTEE THE TOTAL AMOUNT OF:

(a)  PAYMENTS PAYABLE TO THE STATE THAT WERE MADE TO STATE GOVERNMENTAL ENTITIES BY ALTERNATIVE FORMS OF PAYMENT PURSUANT TO MASTER AGREEMENTS DURING SUCH FISCAL YEAR; AND

(b)  FEES PAID BY STATE GOVERNMENTAL ENTITIES TO PROVIDERS OF ALTERNATIVE FORMS OF PAYMENT FOR THE USE OF ALTERNATIVE FORMS OF PAYMENT PURSUANT TO MASTER AGREEMENTS DURING SUCH FISCAL YEAR.

(5)  THE STATE TREASURER MAY PROMULGATE RULES GOVERNING MASTER AGREEMENTS, INCLUDING BUT NOT LIMITED TO RULES GOVERNING THE NEGOTIATION AND ADMINISTRATION OF SUCH AGREEMENTS. THE STATE TREASURER SHALL PROMULGATE SUCH RULES IN ACCORDANCE WITH ARTICLE 4 OF THIS TITLE.

24­19.5­105.  Provider of alternative forms of payment required to make payment.  ANY PROVIDER OF ALTERNATIVE FORMS OF PAYMENT, INCLUDING BUT NOT LIMITED TO ANY CREDIT OR DEBIT CARD ISSUER, THAT APPROVES A TRANSACTION MADE BY AN ALTERNATIVE FORM OF PAYMENT FOR THE PAYMENT OF MONEYS TO A STATE GOVERNMENTAL ENTITY SHALL PAY THE STATE GOVERNMENTAL ENTITY THE FULL AMOUNT OF THE APPROVED TRANSACTION, LESS ANY FEE CHARGED BY THE PROVIDER OF ALTERNATIVE FORMS OF PAYMENT TO THE STATE GOVERNMENTAL ENTITY FOR THE USE OF SUCH ALTERNATIVE FORM OF PAYMENT.

24­19.5­106.  Fees not counted as revenue.  FEES CHARGED TO ANY STATE GOVERNMENTAL ENTITY BY ANY PROVIDER OF ALTERNATIVE FORMS OF PAYMENT FOR THE ACCEPTANCE BY THE STATE GOVERNMENTAL ENTITY OF SUCH ALTERNATIVE FORMS OF PAYMENT SHALL NOT BE CONSIDERED FISCAL YEAR SPENDING FOR THE PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION.

SECTION 2.  Title 29, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 11.5

Alternative Forms of Payment to Local Governments

29­11.5­101.  Definitions.  AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "ALTERNATIVE FORMS OF PAYMENT" MEANS FORMS OF PAYMENT OTHER THAN CASH OR CHECK.

(2)  "LOCAL GOVERNMENTAL ENTITY" MEANS ANY COUNTY, MUNICIPALITY, CITY AND COUNTY, SCHOOL DISTRICT, SPECIAL DISTRICT, OR OTHER POLITICAL SUBDIVISION OF THE STATE; ANY DEPARTMENT, AGENCY, INSTITUTION, OR AUTHORITY OF SUCH A COUNTY, MUNICIPALITY, CITY AND COUNTY, SCHOOL DISTRICT, SPECIAL DISTRICT, OR OTHER POLITICAL SUBDIVISION; OR AN AUTHORIZED AGENT OF ANY OF THE FOREGOING.

(3)  "PROVIDER OF ALTERNATIVE FORMS OF PAYMENT" MEANS A PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO AN ISSUER OF CREDIT OR DEBIT CARDS, THAT PROVIDES ITS CUSTOMERS THE ABILITY TO USE ONE OR MORE ALTERNATIVE FORMS OF PAYMENT.

29­11.5­102.  Acceptance of alternative forms of payment for the payment of moneys payable to local governments.  ANY LOCAL GOVERNMENTAL ENTITY RESPONSIBLE FOR THE COLLECTION OF MONEYS PAYABLE TO A LOCAL GOVERNMENT MAY ACCEPT ONE OR MORE ALTERNATIVE FORMS OF PAYMENT, INCLUDING BUT NOT LIMITED TO CREDIT OR DEBIT CARDS, FOR THE PAYMENT OF SUCH MONEYS IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.

29­11.5­103. Limitations on surcharges for the use of alternative forms of payment. (1) (a)  EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (1), NO LOCAL GOVERNMENTAL ENTITY THAT ACCEPTS ONE OR MORE ALTERNATIVE FORMS OF PAYMENT SHALL IMPOSE A SURCHARGE UPON ANY PERSON FOR THE PRIVILEGE OF USING SUCH ALTERNATIVE FORMS OF PAYMENT.

(b)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (1), ANY LOCAL GOVERNMENTAL ENTITY THAT, ON OR BEFORE JANUARY 1, 1999, WAS ACCEPTING ONE OR MORE ALTERNATIVE FORMS OF PAYMENT FOR THE PAYMENT OF MONEYS PAYABLE TO SUCH LOCAL GOVERNMENTAL ENTITY AND WAS IMPOSING A SURCHARGE FOR THE PRIVILEGE OF USING SUCH ALTERNATIVE FORMS OF PAYMENT MAY CONTINUE TO IMPOSE SUCH SURCHARGE ON PERSONS WHO ELECT TO USE SUCH ALTERNATIVE FORMS OF PAYMENT ON OR AFTER JANUARY 1, 1999, BUT SHALL NOT INCREASE THE AMOUNT OF SUCH SURCHARGE.

29­11.5­104.  Legislative declaration ­ master agreements. (1)  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT IT IS IN THE BEST INTERESTS OF ALL COLORADANS THAT LOCAL GOVERNMENTAL ENTITIES THAT CHOOSE TO ACCEPT ALTERNATIVE FORMS OF PAYMENT DO SO IN THE MOST CONSUMER­ORIENTED, COST­EFFECTIVE, AND UNIFORM MANNER POSSIBLE. ACCORDINGLY, IT IS THE INTENT OF THE GENERAL ASSEMBLY TO ENCOURAGE LOCAL GOVERNMENTAL ENTITIES TO JOIN WITH OTHER LOCAL GOVERNMENTAL ENTITIES IN CONTRACTUAL ARRANGEMENTS WITH PROVIDERS OF ALTERNATIVE FORMS OF PAYMENT OR TO JOIN ONE OR MORE MASTER AGREEMENTS ENTERED INTO BY THE STATE TREASURER PURSUANT TO SECTION 24­19.5­104, C.R.S.

(2)  ANY LOCAL GOVERNMENTAL ENTITY THAT ACCEPTS ONE OR MORE ALTERNATIVE FORMS OF PAYMENT FOR PAYMENTS PAYABLE TO SUCH LOCAL GOVERNMENTAL ENTITY MAY:

(a)  JOIN WITH ONE OR MORE OTHER LOCAL GOVERNMENTAL ENTITIES IN NEGOTIATING AND ENTERING INTO ONE OR MORE CONTRACTS WITH ONE OR MORE PROVIDERS OF ALTERNATIVE FORMS OF PAYMENT; OR

(b)  JOIN IN ANY MASTER AGREEMENT ENTERED INTO BY THE STATE TREASURER PURSUANT TO SECTION 24­19.5­104, C.R.S., WITH THE APPROVAL OF THE STATE TREASURER OR PURSUANT TO ANY RULES PROMULGATED BY THE STATE TREASURER.

SECTION 3.  5­2­109 (3), Colorado Revised Statutes, is amended to read:

5­2­109.  Definition: "credit service charge". (3)  EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 24­19.5­103 (1) (b) AND 29­11.5­103 (1) (b), C.R.S., no seller or lessor in any sales or lease transaction or any company issuing credit or charge cards may impose a surcharge on a holder who elects to use a credit or charge card in lieu of payment by cash, check, or similar means. A surcharge is any additional amount imposed at the time of the sales or lease transaction by the merchant, seller, or lessor that increases the charge to the buyer or lessee for the privilege of using a credit or charge card. For purposes of this section, charge card includes those cards pursuant to which unpaid balances are payable on demand.

SECTION 4.  5­3­110, Colorado Revised Statutes, is amended to read:

5­3­110.  Surcharges on credit transactions ­ prohibition. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 24­19.5­103 (2) AND 29­11.5­103 (1) (b), C.R.S., no seller or lessor in any sales or lease transaction or any company issuing credit or charge cards may impose a surcharge on a holder who elects to use a credit or charge card in lieu of payment by cash, check, or similar means. A surcharge is any additional amount imposed at the time of the sales or lease transaction by the merchant, seller, or lessor that increases the charge to the buyer or lessee for the privilege of using a credit or charge card. For purposes of this section, charge card includes those cards pursuant to which unpaid balances are payable on demand.

SECTION 5.  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.".

HB99-1159 be referred to the Committee of the Whole with favorable recommendation.

HB99-1177 be postponed indefinitely.

TRANSPORTATION AND ENERGY

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

HB99-1103 be postponed indefinitely.

HB99-1165 be referred to the Committee on Finance with favorable recommendation.

HB99-1178 be postponed indefinitely.

HB99-1180 be referred to the Committee of the Whole with favorable recommendation.

HB99-1182 be referred to the Committee on Finance with favorable recommendation.

______________

PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB99-1278, 1279, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, and 1309.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and returns herewith: HJR99-1006, amended as printed in Senate Journal, January 28.

_______________

CONSIDERATION OF SENATE AMENDMENTS

TO HOUSE RESOLUTION

HJR99-1006 by Representatives McPherson, Tool, Berry, Saliman; also Senators Grampsas, Lacy, Owen, 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.

(Amended as printed in Senate Journal, January 28.)

On motion of Representative Dean, the rules were suspended and HJR99-1006 was given immediate consideration.

Representative McPherson 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 2 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 YGordon Y

Gotlieb E

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer E

Young Y

Zimmerman Y

Mr. Speaker Y

The Speaker appointed Representatives McPherson, Chairman, Pfiffner and Vigil as House conferees to the bill.

_______________

On motion of Representative Dean, HB99-1044, 1113, 1209 shall be made Special Orders on Friday, January 29, 1999, at 9:17 a.m.

_______________

The hour of 9:17 a.m., having arrived, on motion of Representative May, 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.)

HB99-1044 by Representatives Spence, Allen, King; also Senator Hillman--Concerning waivers of requirements imposed on school districts.

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

Amendment No. 2, by Representative Dean.

Amend the Education Committee Report, dated January 20, 1999, page 1, after line 9, insert the following:

"Page 3, after line 11, insert the following:

"(4)  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY WAIVER REQUESTED BY A CHARTER SCHOOL PURSUANT TO SECTIONS 22­30.5­104 (6) AND 22­30.5­105 (3). WAIVER REQUESTS BY A CHARTER SCHOOL SHALL BE GOVERNED BY THE PROVISIONS OF SAID SECTIONS.".".

Amendment No. 3, by Representative Morrison.

Amend the Education Committee Report, dated January 20, 1999, page 1, strike line 1 and substitute the following:

"Amend printed bill, page 2, after line 16, insert the following:

"(I)  THE "EDUCATIONAL ACCOUNTABILITY ACT OF 1971", PART 1 OF ARTICLE 7 OF THIS TITLE;".

Renumber succeeding subparagraphs accordingly.

Page 2, line 23, strike "TITLE." and substitute";

line 4 of the committee report, strike ""(IV)" and substitute ""(V)";

line 6 of the committee report, strike "(V)" and substitute "(VI)";

line 8 of the committee report, strike "(VI)" and substitute "(VII)".

Amendment No. 4, by Representative Spence.

Amend printed bill, page 3, line 2, after the period, add "AT LEAST THIRTY DAYS PRIOR TO SUCH PUBLIC MEETING, THE SCHOOL DISTRICT BOARD OF EDUCATION SHALL MEET WITH THE SCHOOL DISTRICT ACCOUNTABILITY COMMITTEE TO CONSULT WITH THE COMMITTEE CONCERNING THE INTENT TO SEEK THE WAIVER.".

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

HB99-1113 by Representatives Dean, King; also Senator Arnold--Concerning an increase in the funding for charter schools.

Amendment No. 1, Education Report, dated January 27, 1999, and placed in member's bill file; Report also printed in House Journal, January 28, page 236.

Amendment No. 2, by Representative Bacon.

Amend printed bill, page 3, after line 13, insert the following:

"(b.5)  THE CHARTER SCHOOL MAY AGREE WITH THE SCHOOL DISTRICT TO PAY ANY ACTUAL COSTS INCURRED BY THE SCHOOL DISTRICT IN PROVIDING UNIQUE SUPPORT SERVICES USED ONLY BY THE CHARTER SCHOOL.".

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

HB99-1209 by Representatives Allen, Dean; also Senator Anderson--Concerning the financing of public schools.

Amendment No. 1, Appropriations Report, dated January 27, 1999, and placed in member's bill file; Report also printed in House Journal, January 27, pages 226-227.

Amendment No. 2, by Representative Dean.

Amend printed bill, page 1, before line 9, insert the following:

"SECTION 3. 22­30.5­112 (2) (a), (2) (b), and (2) (c), Colorado Revised Statutes, are amended, and the said 22­30.5­112 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

22­30.5­112.  Charter schools ­ financing ­ guidelines. (2) (a)  As part of the charter school contract, the charter school and the school district shall agree on funding and any services to be provided by the school district to the charter school. The charter school and the school district shall begin discussions on the contract using eighty percent of the district per pupil operating revenues. As used in this subsection (2), district "per pupil operating revenues" shall have the same meaning as that provided in section 22­54­103 (9). EACH CHARTER SCHOOL AND THE AUTHORIZING SCHOOL DISTRICT SHALL NEGOTIATE FUNDING UNDER THE CONTRACT AT A MINIMUM OF NINETY­FIVE PERCENT OF THE DISTRICT PER PUPIL REVENUES FOR EACH PUPIL ENROLLED IN THE CHARTER SCHOOL. THE SCHOOL DISTRICT MAY CHOOSE TO RETAIN UP TO FIVE PERCENT OF THE DISTRICT PER PUPIL REVENUES FOR EACH PUPIL ENROLLED IN THE CHARTER SCHOOL AS PAYMENT FOR THE CHARTER SCHOOL'S PORTION OF CENTRAL ADMINISTRATIVE OVERHEAD COSTS INCURRED BY THE SCHOOL DISTRICT.

(a.5)  AS USED IN THIS SUBSECTION (2):

(I)  "CENTRAL ADMINISTRATIVE OVERHEAD COSTS" MEANS COSTS INCURRED IN PROVIDING ITEMS OR SERVICES LISTED UNDER THE HEADING OF CENTRALIZED SERVICES OR DISTRICT­WIDE COSTS IN THE SCHOOL DISTRICT CHART OF ACCOUNTS AND SPECIFIED BY RULE OF THE STATE BOARD.

(II)  "DISTRICT PER PUPIL REVENUES" MEANS THE DISTRICT'S TOTAL PROGRAM AS DEFINED IN SECTION 22­54­103 (6) FOR ANY BUDGET YEAR DIVIDED BY THE DISTRICT'S FUNDED PUPIL COUNT AS DEFINED IN SECTION 22­54­103 (7) FOR SAID BUDGET YEAR.

(b)  All services centrally or otherwise provided by the school district including, but not limited to, food services, custodial services, maintenance, curriculum, media services, libraries, and warehousing shall be subject to negotiation between a charter school and the school district and paid for out of the revenues negotiated pursuant to paragraph (a) of this subsection (2). THE CHARTER SCHOOL, AT ITS DISCRETION, MAY CONTRACT WITH THE SCHOOL DISTRICT FOR THE PURCHASE OF DISTRICT SUPPORT SERVICES IN ADDITION TO THOSE INCLUDED IN CENTRAL ADMINISTRATIVE OVERHEAD COSTS, INCLUDING BUT NOT LIMITED TO FOOD SERVICES, CUSTODIAL SERVICES, MAINTENANCE, CURRICULUM, MEDIA SERVICES, AND LIBRARIES. THE AMOUNT TO BE PAID BY A CHARTER SCHOOL IN PURCHASING ANY DISTRICT SUPPORT SERVICE PURSUANT TO THIS PARAGRAPH (b) SHALL BE DETERMINED BY DIVIDING THE COST OF PROVIDING THE SERVICE FOR THE ENTIRE SCHOOL DISTRICT, AS SPECIFIED IN THE SCHOOL DISTRICT'S BUDGET, BY THE NUMBER OF STUDENTS ENROLLED IN THE SCHOOL DISTRICT AND MULTIPLYING SAID AMOUNT BY THE NUMBER OF STUDENTS ENROLLED IN THE CHARTER SCHOOL.

(c)  In no event shall the amount of funding negotiated pursuant to this subsection (2) be less than eighty percent of the district per pupil operating revenues multiplied by the number of pupils enrolled in the charter school. FOR BUDGET YEAR 1999­2000 AND BUDGET YEARS THEREAFTER, THE AMOUNT OF FUNDING RECEIVED BY A CHARTER SCHOOL PURSUANT TO THIS SUBSECTION (2) SHALL NOT BE LESS THAN NINETY­FIVE PERCENT OF THE DISTRICT PER PUPIL REVENUES MULTIPLIED BY THE NUMBER OF PUPILS ENROLLED IN THE CHARTER SCHOOL.".

Renumber succeeding sections accordingly.

Amendment No. 3, by Representative Dean.

Amend the Amendment No. 2, by Representative Dean, printed in House Journal, January 29, page 258, after line 51, insert the following:

"(b.5)  THE CHARTER SCHOOL MAY AGREE WITH THE SCHOOL DISTRICT TO PAY ANY ACTUAL COSTS INCURRED BY THE SCHOOL DISTRICT IN PROVIDING UNIQUE SUPPORT SERVICES USED ONLY BY THE CHARTER SCHOOL.".

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

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1044 amended, 1113 amended, 1209 amended.

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 51 NO 14 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

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 N

Mace N

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. Y

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y


________________

On motion of Representative May, 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.)

HB99-1079 by Representatives Hagedorn, May; also Senator Tebedo--Concerning the use of digital signatures.

Amendment No. 1, by Representative Hagedorn.

Amend printed bill, page 1, strike lines 2 through 6, and substitute the following:

"SECTION 1.  Title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 71

Digital Signatures

24­71­101.  Digital signatures. (1)  AS USED IN THIS ARTICLE, "DIGITAL SIGNATURE" OR "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC IDENTIFIER, CREATED BY".

Page 2, line 13, strike everything after "TO" and substitute "RULES, STANDARDS, POLICIES, AND PROCEDURES ADOPTED BY THE GENERAL GOVERNMENT COMPUTER CENTER";

line 14, strike "SUBSECTION (3) OF THIS SECTION." and substitute "SECTION 24­30­1603 (3), C.R.S.";

strike lines 15 through 17;

line 18, strike "(4)" and substitute "(3)";

after line 20, insert the following:

"SECTION 2.  24­30­1603, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

24­30­1603.  Functions of the GGCC. (3) (a)  THE GGCC SHALL ADOPT RULES, STANDARDS, POLICIES, AND PROCEDURES FOR THE USE OF ELECTRONIC OR DIGITAL SIGNATURES BY GOVERNMENTAL AGENCIES WHERE USE OF ELECTRONIC OR DIGITAL SIGNATURES IS EXPRESSLY AUTHORIZED BY LAW.

(b)  THE EXECUTIVE DIRECTOR OF EACH AGENCY OR DEPARTMENT OF STATE GOVERNMENT, INCLUDING INSTITUTIONS OF HIGHER EDUCATION, SHALL DESIGNATE A CHIEF INFORMATION OFFICER WHO SHALL ENSURE COMPLIANCE WITH THE RULES, STANDARDS, POLICIES, AND PROCEDURES ADOPTED BY THE GGCC.

(c)  THE LOCAL AUTHORITIES OF ANY COUNTY, CITY, TOWN, OR CITY AND COUNTY SHALL ADOPT RULES, STANDARDS, POLICIES, AND PROCEDURES FOR THEIR OWN USE OF ELECTRONIC OR DIGITAL SIGNATURES OR SHALL ENSURE COMPLIANCE WITH THE RULES ADOPTED BY THE GGCC.

(d)  INITIAL RULES SHALL BE ADOPTED NO LATER THAN JANUARY 1, 2000.".

Renumber succeeding sections accordingly.

Page 3, line 2, strike "12­55­121.5," and substitute "24­71­101,";

line 15, strike "12­55­121.5," and substitute "24­71­101,";

line 19, strike "12­5­121.5," and substitute "24­71­101,".

Page 4, line 20, strike "12­55­121.5," and substitute "24­71­101,".

Page 5, line 9, strike "12­55­121.5," and substitute "24­71­101,".

Page 6, line 9, strike "12­55­121.5," and substitute "24­71­101,".

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

HB99-1025 by Representative Veiga--Concerning identification of drivers who may not be qualified to drive.

Amendment No. 1, by Representative Veiga.

Amend printed bill, page 2, line 5, strike "THE" and substitute "IN ADDITION TO ANY OTHER EVIDENCE, THE".

Page 3, line 18, strike "JURISDICTION" and substitute "JURISDICTION, IN CONNECTION WITH A HEARING CONDUCTED PURSUANT TO SECTION 42­2­122 (3),".

Amendment No. 2, by Representative Veiga.

Amend printed bill, page 2, strike lines 11 and 12 and substitute the following:

"(B)  A PHYSICIAN OR OPTOMETRIST LICENSED IN THIS STATE; OR".

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

"(IV)  ANY PHYSICIAN OR OPTOMETRIST LICENSED IN THIS STATE";

line 3, strike "12, C.R.S.,".

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

(For change in action, see Amendments to Report.)

HB99-1176 by Representatives Spence, Allen; also Senator Chlouber--Concerning the authorization to delegate power over personnel matters in state-supported institutions of higher education.

Amendment No. 1, by Representative Spence.

Amend printed bill, page 1, line 9, after "MAY", insert "EXPRESSLY".

Page 2, line 1, after "INSTITUTION", insert "SPECIFIED BY THE BOARD".

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

HB99-1088 by Representative Morrison; also Senator Matsunaka--Concerning medically necessary therapy for children up to five years of age, and, in connection therewith, specifying coverage for the care and treatment of medically diagnosed congenital defects and birth abnormalities.

Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated January 18, 1999, and placed in member's bill file; Report also printed in House Journal, January 20, pages 160-161.

Amendment No. 2, by Representative Morrison.

Amend the Health, Environment, Welfare, and Institutions Committee Report, dated January 18, 1999, page 2, after line 27, insert the following:

"(d)  THE HEALTH CARE SERVICE PLAN ISSUED BY AN ENTITY SUBJECT TO THE PROVISIONS OF PART 4 OF THIS ARTICLE MAY PROVIDE THAT THE BENEFITS REQUIRED PURSUANT TO THIS SUBSECTION (1.7 ) SHALL BE COVERED BENEFITS ONLY IF THE SERVICES ARE RENDERED BY A PROVIDER WHO IS DESIGNATED BY AND AFFILIATED WITH THE HEALTH MAINTENANCE ORGANIZATION.

SECTION 2.  10­16­104 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

10­16­104.  Mandatory coverage provision. (1)  Newborn children. (g)  THE HEALTH CARE SERVICE PLAN ISSUED BY AN ENTITY SUBJECT TO THE PROVISIONS OF PART 4 OF THIS ARTICLE MAY PROVIDE THAT THE BENEFITS REQUIRED PURSUANT TO THIS SUBSECTION (1) SHALL BE COVERED BENEFITS ONLY IF THE SERVICES ARE RENDERED BY A PROVIDER WHO IS DESIGNATED BY AND AFFILIATED WITH THE HEALTH MAINTENANCE ORGANIZATION.".

Renumber succeeding sections accordingly.

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

HB99-1065 by Representative Sinclair; also Senator Andrews--Concerning club liquor licensees.

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

HB99-1080 by Representative Smith; also Senator Epps--Concerning the application of section 415 of the federal "Internal Revenue Code of 1986", as amended, to the public employees' retirement association, and, in connection therewith, modifying the provisions governing the purchase of service credit to conform to federal law.

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 (HB99-1149, 1077, 1087, 1156, 1172, 1189, 1123, 1132, 1114, 1010, 1108, 1071, 1075, 1067, 1134, 1082, 1147, 1152, 1024, 1031, 1179, 1052, 1092, 1143, 1030, 1037, 1046, 1171, 1032) was laid over until February 1, retaining place on Calendar.

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representatives McElhany and Young moved to amend the Report of the Committee of the Whole to show that HB99-1025, as amended, did not pass.

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

YES 38 NO 27 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon N

Gotlieb Y

Grossman N

Hagedorn N


Hefley Y

Hoppe Y

Johnson Y

Kaufman N

Keller N

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace N

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison N

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson N


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool N

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. N

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1079 amended, 1176 amended, 1088 amended, 1065, 1080.

Lost on Second Reading: HB99-1025 amended.

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

YES 65 NO 0 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

________________

RECONSIDERATION OF HJR99-1006

Having voted on the prevailing side, Representative Dean moved for reconsideration of the last House action on HJR99-1006 (request for Conference Committee). As shown by the following recorded vote, a two-thirds majority of those elected to the House voted in the affirmative and the motion was declared passed.

YES 64 NO 0 EXCUSED 0 ABSENT 1

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels ­

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Representative McPherson moved that Conference Committee be discharged and the House concur in Senate amendments. The motion was declared passed by the following roll call vote:

YES 64 NO 0 EXCUSED 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 Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. E

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y


The question being, "Shall the resolution, as amended, pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative, and the resolution, as amended, was declared repassed.

YES 64 NO 0 EXCUSED 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 Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. E

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:

HB99-1056 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, strike lines 2 through 6.

Page 3, strike lines 1 through 5.

Renumber succeeding sections accordingly.

Page 4, line 7, strike "SUCH EMERGENCY RESPONSE AUTHORITY IS RELIEVED BY";

line 8, strike "SITE." and substitute "SITE HAS ARRIVED, AFTER WHICH UNIFIED COMMAND SHALL BE FOLLOWED UNTIL THE EMERGENCY RESPONSE HAS CONCLUDED.".

Page 8, strike lines 22 through 26 and substitute the following:

"SECTION 3. 29-22-104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

29-22-104. Right to claim reimbursement - temporary committee on reimbursement.

(5) (a) (I)  NO LATER THAN JUNE 15, 1999, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL APPOINT A TEMPORARY COMMITTEE ON REIMBURSEMENT FOR THE COSTS OF HAZARDOUS SUBSTANCE INCIDENTS. THE EXECUTIVE DIRECTOR SHALL APPOINT AS COMMITTEE MEMBERS REPRESENTATIVES OF FACILITIES AND TRANSPORTATION COMPANIES THAT PRODUCE OR HANDLE HAZARDOUS SUBSTANCES, INSURANCE COMPANIES, FIRE DEPARTMENTS AND OTHER HAZARDOUS SUBSTANCE INCIDENT RESPONSE AGENCIES, MUNICIPAL AND COUNTY GOVERNMENTS, THE COLORADO STATE PATROL, THE DIVISION OF FIRE SAFETY, AND SUCH OTHER ENTITIES AS THE DIRECTOR DEEMS NECESSARY AND APPROPRIATE. THE DIRECTOR SHALL APPOINT EQUAL NUMBERS OF REPRESENTATIVES OF PRIVATE AND PUBLIC ENTITIES TO THE COMMITTEE.

(II)  THE COMMITTEE SHALL HOLD ITS FIRST MEETING NO LATER THAN JULY 1, 1999, AND SHALL ELECT A CHAIRPERSON AT THE FIRST MEETING. SUBSEQUENTLY, THE COMMITTEE SHALL MEET AT LEAST ONCE EACH MONTH UNTIL IT HAS MADE THE WRITTEN RECOMMENDATIONS REQUIRED BY SUBPARAGRAPH (I) OF PARAGRAPH (b) OF THIS SUBSECTION (5) AND MAY MEET AS OFTEN AS THE CHAIRPERSON DEEMS NECESSARY. MEMBERS OF THE COMMITTEE SHALL NOT RECEIVE COMPENSATION OF ANY KIND.

(b) (I)  NO LATER THAN AUGUST 15, 1999, THE TEMPORARY COMMITTEE ON REIMBURSEMENT FOR THE COSTS OF HAZARDOUS SUBSTANCE INCIDENTS SHALL MAKE WRITTEN RECOMMENDATIONS TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY REGARDING GUIDELINES FOR ADMINISTERING AND RESOLVING CLAIMS FOR REIMBURSEMENT MADE PURSUANT TO THIS SECTION AGAINST ANY PARTY OR PERSON RESPONSIBLE FOR A HAZARDOUS SUBSTANCE INCIDENT. SUCH RECOMMENDATIONS MAY INCLUDE RECOMMENDATIONS FOR PROPOSED LEGISLATION OR ADMINISTRATIVE RULES AND SHALL INCLUDE RECOMMENDATIONS FOR AN ADMINISTRATIVE PROCESS TO ENSURE PROMPT MEDIATION OF DISPUTES CONCERNING CLAIMS FOR REIMBURSEMENT MADE PURSUANT TO THIS SECTION BY ANY PUBLIC ENTITY AGAINST ANY PERSON OR PARTY RESPONSIBLE FOR A HAZARDOUS SUBSTANCE INCIDENT. SUCH RECOMMENDATIONS SHALL BE DESIGNED TO PROVIDE PUBLIC ENTITIES AND PERSONS OR PARTIES RESPONSIBLE FOR HAZARDOUS SUBSTANCE INCIDENTS WITH THE OPPORTUNITY TO RESOLVE CLAIMS FOR REIMBURSEMENT THAT RESULT FROM HAZARDOUS SUBSTANCE INCIDENTS IN A TIMELY AND REASONABLE MANNER.

(II)  NO RECOMMENDATION MADE BY THE TEMPORARY COMMITTEE ON REIMBURSEMENT FOR THE COSTS OF HAZARDOUS SUBSTANCE INCIDENTS SHALL BE IMPLEMENTED OR HAVE THE FORCE AND EFFECT OF LAW OR RULE, OR BE CONSIDERED BY ANY COURT OR ARBITER UNLESS SUCH RECOMMENDATION IS ENACTED INTO LAW OR ADOPTED BY ADMINISTRATIVE RULE IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S.

(c)  NO LATER THAN SEPTEMBER 1, 1999, UNLESS THE LEGISLATIVE AUDIT COMMITTEE SPECIFIES A LATER DATE, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL REPORT THE RECOMMENDATIONS OF THE TEMPORARY COMMITTEE ON REIMBURSEMENT FOR THE COSTS OF HAZARDOUS SUBSTANCE INCIDENTS TO THE LEGISLATIVE AUDIT COMMITTEE. THE REPORT SHALL INCLUDE ANY PROPOSED LEGISLATION RECOMMENDED TO THE EXECUTIVE DIRECTOR BY THE TEMPORARY COMMITTEE.".

Strike pages 9 and 10.

Page 11, strike lines 1 and 2.

Renumber succeeding sections accordingly.

Page 11, strike lines 21 through 26.

Page 12, strike lines 1 through 19 and substitute the following:

"(y)  To compile and maintain current information necessary to enable the department to answer any inquiry concerning the proper action to take to counteract, eliminate, or minimize the public health hazards of a hazardous substance incident involving any specific kind of hazardous substance. and to compile and maintain information on the emergency response capabilities of public and private agencies throughout the state to enable the department to answer any inquiry concerning the nearest agencies available to contribute equipment and personnel to counteract any particular hazardous substance incident, and to compile and maintain information on the proper local, state, and federal entities which should receive information or notification of any hazardous substance incident. TO MAKE SUCH INFORMATION AVAILABLE AND TO FACILITATE THE REPORTING OF HAZARDOUS SUBSTANCE INCIDENTS, the department shall establish, MAINTAIN, and publicize a AN ENVIRONMENTAL EMERGENCY telephone service to make such information THAT SHALL BE available to the public twenty­four hours each day. and shall specifically notify each emergency response authority designated in or pursuant to section 29­22­102, C.R.S., as responsible for the emergency response to a hazardous substance incident of such service. With respect to the powers and duties specified in this paragraph (y), the department shall have no rule­making authority and shall avail itself of all available private resources. As used in this paragraph (y), the terms "hazardous substance" and "hazardous substance incident" shall have the meanings ascribed to them in section 29­22­101, C.R.S. THE DEPARTMENT SHALL COORDINATE ITS ACTIVITIES PURSUANT TO THIS SECTION WITH THE COLORADO STATE PATROL.";

strike lines 23 through 26.

Strike page 13.

Page 14, strike line 1 and substitute the following.

"COLORADO STATE PATROL SHALL COMPILE AND MAINTAIN INFORMATION ON THE EMERGENCY RESPONSE CAPABILITIES OF PUBLIC AND PRIVATE AGENCIES THROUGHOUT THE STATE TO ENABLE THE STATE PATROL TO ANSWER ANY INQUIRY CONCERNING THE NEAREST AGENCIES OR ENTITIES AVAILABLE TO CONTRIBUTE EQUIPMENT AND PERSONNEL TO AID IN THE EMERGENCY RESPONSE TO ANY HAZARDOUS SUBSTANCE INCIDENT. THE STATE PATROL SHALL ALSO COMPILE AND MAINTAIN INFORMATION REGARDING WHICH LOCAL, STATE, OR FEDERAL AGENCIES OR ENTITIES SHOULD BE NOTIFIED OF ANY HAZARDOUS SUBSTANCE INCIDENT. THE STATE PATROL SHALL ESTABLISH, MAINTAIN, AND PUBLICIZE A TELEPHONE SERVICE TO MAKE SUCH INFORMATION AVAILABLE TO THE PUBLIC TWENTY­FOUR HOURS EACH DAY AND SHALL NOTIFY EACH EMERGENCY RESPONSE AUTHORITY DESIGNATED IN OR PURSUANT TO SECTION 29­22­102 AS RESPONSIBLE FOR THE EMERGENCY RESPONSE TO A HAZARDOUS SUBSTANCE INCIDENT OF SUCH SERVICE. WITH RESPECT TO THE POWERS AND DUTIES SPECIFIED IN THIS SECTION, THE STATE PATROL SHALL HAVE NO RULE­MAKING AUTHORITY AND SHALL AVAIL ITSELF OF ALL AVAILABLE PRIVATE RESOURCES. THE STATE PATROL SHALL COORDINATE ITS ACTIVITIES PURSUANT TO THIS SECTION WITH THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND THE DEPARTMENT OF LOCAL AFFAIRS.";

line 19, strike "appropriation." and substitute "appropriation ­ no appropriation. (1)";

line 24, strike "act." and substitute "act except for section 29­22­104 (5), Colorado Revised Statutes.";

after line 25, insert the following:

"(2)  The general assembly has determined that section 29­22­104 (5), Colorado Revised Statutes, can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of section 29­22­104 (5), Colorado Revised Statutes.".

HB99-1120 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 2, line 6, strike "THE FOLLOWING NEW SUBSECTIONS" and substitute "A NEW SUBSECTION";

strike lines 18 through 20;

line 22, strike "THE FOLLOWING NEW" and substitute "A NEW";

line 23, strike "PARAGRAPHS" and substitute "PARAGRAPH".

Page 3, strike lines 9 and 10.

Page 4, line 3, after "C.R.S.,", insert "AND";

strike lines 5 through 7 and substitute the following:

"SECTION 39­26­114 (20), C.R.S. Sales of food, as defined in section 39­26­102";

line 13, after "C.R.S.,", insert "OR";

line 14, after "SECTION", insert "39­26­114 (20), C.R.S.,";

strike lines 15 and 16.

Page 5, strike lines 3 and 4 and substitute the following:

"C.R.S., all sales tax";

line 16, after "C.R.S.,", insert "AND";

strike lines 18 through 20 and substitute the following:

"SECTION 39-26-114 (20), C.R.S. The regional transportation district may, in its discretion,";

after line 22, insert the following:

"SECTION 5. 29­2­106 (4) (a), Colorado Revised Statutes, is amended to read:

29­2­106.  Collection ­ administration ­ enforcement. (4) (a)  The executive director of the department of revenue shall, at no charge, administer, collect, and distribute the sales tax of any home rule municipality, upon request of the governing body of such municipality, if the provisions of the sales tax ordinance of said municipality, other than those provisions relating to local procedures followed in adopting the ordinance and whether or not the ordinance applies the sales tax to the sale of food, as defined in section 39­26­102 (4.5), C.R.S., or purchases of machinery or machine tools as provided in section 39­26­114 (11), C.R.S., or sales or purchases of electricity, coal, wood, gas, fuel oil, or coke as provided in section 39­26­114 (1) (a) (XXI), C.R.S., OR SALES AND PURCHASES OF CERTAIN MOTOR VEHICLES AS SPECIFIED IN SECTION 39­26­114 (20), C.R.S., correspond to the requirements of this article for sales taxes imposed by counties, towns, and cities and if no use tax is to be collected by the department except as provided in section 39­26­208, C.R.S. At the time of making such request, said governing body shall certify to the executive director of the department of revenue a true copy of said sales tax ordinance.".

Renumber succeeding sections accordingly.

Page 6, line 10, after "(20),", insert "C.R.S.";

strike lines 11 and 12.

Page 7, line 10, after "C.R.S.,", insert "AND";

strike lines 12 through 14 and substitute the following:

"SECTION 39­26­114 (20), C.R.S., to be distributed to the";

line 26, after "C.R.S.,", insert "AND".

Page 8, strike lines 2 through 4 and substitute the following:

"SECTION 39­26­114 (20), C.R.S., to be distributed to";

line 15, after "C.R.S.,", insert "AND";

strike lines 17 through 19 and substitute the following:

"SECTION 39­26­114 (20), C.R.S., to be distributed to".

Page 9, line 12, after "approved;", insert "AND";

line 14, strike "AND";

strike lines 15 and 16.

Page 10, line 7, after "board;", insert "AND";

line 9, strike "AND";

strike lines 10 and 11.

Page 11, line 2, after "C.R.S.;", insert "AND";

line 4, strike "AND";

strike lines 5 and 6;

line 18, after "(20),", insert "C.R.S.";

strike lines 19 and 20.

HB99-1205 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 2, after line 7, insert the following:

"(a)  "CONSERVATION EASEMENT IN GROSS" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION 38-30.5-102, C.R.S.".

Reletter succeeding paragraphs accordingly.

Page 2, line 10, strike "CODE AND" and substitute "CODE,";

strike lines 11 and 12 and substitute the following:

"OPERATED PRIMARILY AND SUBSTANTIALLY FOR THE PURPOSE OF ACQUIRING TITLE TO OR RECEIVING DONATIONS OF LAND OR CONSERVATION EASEMENTS IN GROSS FOR ONE OF THE CONSERVATION PURPOSES SET FORTH IN SECTION 38-30.5-102, C.R.S., AND THAT HAS A COMMITMENT AND THE RESOURCES NECESSARY TO PROTECT THE CONSERVATION PURPOSES OF SUCH ACQUISITION OR DONATION.".

BUSINESS AFFAIRS AND LABOR

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

HB99-1145 be referred to the Committee of the Whole with favorable recommendation.

HB99-1198 be referred to the Committee of the Whole with favorable recommendation.

HB99-1201 be referred to the Committee of the Whole with favorable recommendation.

JUDICIARY

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

HB99-1027 be referred to the Committee of the Whole with favorable recommendation.

HB99-1115 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, strike lines 17 through 21 and substitute the following:

"(b) (I)  THE DEFENDANT HAS AT LEAST TWO PRIOR CONVICTIONS FOR THIRD DEGREE ASSAULT AS DEFINED IN THIS SECTION; AND

(II)  THE UNDERLYING FACTUAL BASIS OF AT LEAST TWO OF THE PRIOR CONVICTIONS WAS FOUND BY THE COURT ON THE RECORD TO INCLUDE AN ACT OF DOMESTIC VIOLENCE AS DEFINED IN SECTION 18­6­800.3 (1); AND

(c)  THE THIRD OR SUBSEQUENT OFFENSE WAS COMMITTED ON OR AFTER JULY 1, 1999.";

line 26, after "ANY", insert "GRANTS OR DONATIONS OR".

Page 3, strike lines 6 through 12 and substitute the following:

"SECTION 4. Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, for the fiscal year beginning July 1, 1999, the sum of one million six hundred fifty-seven thousand six hundred nineteen dollars ($1,657,619) and 38.1 FTE, or so much thereof as may be necessary, for the implementation of this act. Of such sum, one million four hundred fifty-three thousand five hundred sixteen dollars ($1,453,516) and 35.4 FTE, or so much thereof as may be necessary, is appropriated to the judicial department; one hundred four thousand one hundred three dollars ($104,103) and 2.2 FTE, or so much thereof as may be necessary, is appropriated to the public defender; and one hundred thousand dollars ($100,000) and 0.5 FTE, or so much thereof as may be necessary, is appropriated to the department of human services.

SECTION 5.  Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17­1­126.  Appropriation to comply with section 2­2­703. (1)  PURSUANT TO SECTION 2­2­703, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT HB 99-1115, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­SECOND GENERAL ASSEMBLY:

(a)  FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF TWENTY-TWO MILLION SIX HUNDRED ELEVEN THOUSAND FIVE HUNDRED NINE DOLLARS ($22,611,509).

(b) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF NINE MILLION FORTY-FOUR THOUSAND SIX HUNDRED THREE DOLLARS ($9,044,603).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF SEVEN MILLION EIGHT HUNDRED FORTY-SIX THOUSAND ONE HUNDRED SEVENTY-EIGHT DOLLARS ($7,846,178).

(c)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF TEN MILLION NINE HUNDRED EIGHTY-FOUR THOUSAND SIX HUNDRED FORTY-NINE DOLLARS ($10,984,649).

(d)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF TEN MILLION NINE HUNDRED EIGHTY-FOUR THOUSAND SIX HUNDRED FORTY-NINE DOLLARS ($10,984,649).

(e)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2003, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF TEN MILLION NINE HUNDRED EIGHTY-FOUR THOUSAND SIX HUNDRED FORTY-NINE DOLLARS ($10,984,649).".

Renumber succeeding sections accordingly.

HB99-1174 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 11, after line 11, insert the following:

"SECTION 2.  Future appropriations.  Although no appropriation is included in this act for the fiscal year beginning July 1, 1999, it appears that this act will require appropriations from the general fund for subsequent fiscal years, and the amount required to be appropriated for the fiscal year beginning July 1, 2001, is estimated to be seven thousand five dollars ($7,005) and 0.2 FTE, or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

HB99-1175 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 7, line 4, strike "AGREEMENT" and substitute "AGREEMENT, WHETHER OR NOT SUPPORTED BY A CONSIDERATION,".

STATE, VETERANS AND MILITARY AFFAIRS

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

HB99-1160 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 10, line 6, strike "AND IN" and substitute "AND INCLUDE";

line 16, strike "RECORDERS;" and substitute "RECORDERS NO LATER THAN FORTY­FIVE DAYS AFTER THE ELECTION;".

Page 16, line 20, strike "AS FAR AS IS PRACTICAL,".

Page 20, line 6, strike "THE BALLOT." and substitute "THE BALLOT WITHIN FIFTEEN DAYS AFTER THE ELECTION.";

line 18, strike "THE RECOUNT," and substitute "THE RECOUNT WITHIN THREE DAYS OF RECEIVING THE REQUEST TO RECOUNT,";

line 26, strike "FILED." and substitute "FILED WITHIN TWO DAYS OF RECEIVING THE ELECTION OFFICIAL'S COST DETERMINATION.".

HB99-1164 be referred to the Committee on Appropriations with favorable recommendation.

HB99-1194 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 12, after line 16, insert the following:

"(m)  EMPLOYEES OF STATE INSTITUTIONS OF HIGHER EDUCATION THAT ARE COVERED BY A SEPARATE PERSONNEL SYSTEM AT SUCH AN INSTITUTION PURSUANT TO SECTION 23­5­117 (2), C.R.S.;".

Reletter succeeding paragraphs accordingly.

Page 15, after line 8, insert the following:

"SECTION 15.  23­5­117, Colorado Revised Statutes, is amended to read:

23­5­117.  Governing boards ­ delegation of personnel power. (1)  The governing board of any state­supported institution of higher education may delegate all or part of its power over personnel matters, including the power to hire or to fire employees exempt from the personnel system, to the chief executive officer of the institution governed by such board. The governing board of each state supported institution of higher education, except the university of Colorado, Colorado state university, the university of northern Colorado, or the Colorado school of mines, after consultation with faculty representatives chosen by the faculty, shall prepare, enact, promulgate, administer, and maintain in place policies and practices which afford due process procedures for those faculty members exempt from the state personnel

system who are terminated, including terminations resulting from reductions in force.

(2) (a)  THE GOVERNING BOARD OF ANY STATE­SUPPORTED INSTITUTION OF HIGHER EDUCATION MAY DEVELOP AND IMPLEMENT A SEPARATE PERSONNEL SYSTEM FOR THE EMPLOYEES OF SUCH INSTITUTION.

(b)  PRIOR TO IMPLEMENTATION OF SUCH A SEPARATE PERSONNEL SYSTEM, THE GOVERNING BOARD OR CHIEF EXECUTIVE OFFICER SHALL GIVE NOTICE TO THE STATE PERSONNEL DIRECTOR OF THE INTENT TO IMPLEMENT THE SYSTEM, THE DATE OF IMPLEMENTATION, AND THE EMPLOYEES COVERED BY THE SEPARATE PERSONNEL SYSTEM.

(c)  ANY EMPLOYEE OF A STATE­SUPPORTED INSTITUTION OF HIGHER EDUCATION THAT INTENDS TO IMPLEMENT A SEPARATE PERSONNEL SYSTEM WHO IS IN THE STATE PERSONNEL SYSTEM MAY ELECT TO REMAIN IN THE STATE PERSONNEL SYSTEM OR BECOME AN EMPLOYEE IN SUCH INSTITUTION'S SEPARATE PERSONNEL SYSTEM. SAID EMPLOYEE MAY ELECT TO BECOME AN EMPLOYEE IN THE SEPARATE PERSONNEL SYSTEM AT ANY TIME BUT SHALL NOT THEREAFTER RETURN TO THE STATE PERSONNEL SYSTEM WHILE EMPLOYED BY SUCH INSTITUTION. NO EMPLOYEE OF SUCH INSTITUTION IN THE STATE PERSONNEL SYSTEM SHALL BE DISCRIMINATED AGAINST IN TRAINING, PROMOTION, RETENTION, ASSIGNMENT OF DUTIES, GRANTING OF RIGHTS AND BENEFITS, OR ANY OTHER PERSONNEL ACTION. PROMOTION OR A CHANGE IN POSITION SHALL NOT BE CONTINGENT UPON THE EMPLOYEE BECOMING AN EMPLOYEE IN THE SEPARATE PERSONNEL SYSTEM OF THE INSTITUTION.

(d)  ANY EMPLOYEE OF A STATE­SUPPORTED INSTITUTION OF HIGHER EDUCATION WITH A SEPARATE PERSONNEL SYSTEM WHO ELECTS TO REMAIN IN THE STATE PERSONNEL SYSTEM SHALL RETAIN ALL RIGHTS AND PRIVILEGES OF THE STATE EMPLOYMENT STATUS WHICH ARE APPLICABLE TO SUCH EMPLOYEE'S POSITION.

(e)  IN THE CASE OF ANY DISPUTE INVOLVING AN EMPLOYEE WHO IS A MEMBER OF THE STATE PERSONNEL SYSTEM, THE STATE­SUPPORTED INSTITUTION OF HIGHER EDUCATION SHALL AGREE TO ACCEPT RESOLUTION OF ALL DISCIPLINARY APPEALS OR OTHER EMPLOYMENT DISPUTES GOVERNED BY THE STATUTES OF THE STATE PERSONNEL SYSTEM OR THE PROCEDURES OF THE DEPARTMENT OF PERSONNEL ACCORDING TO THE RULES AND PROCEDURES APPLICABLE TO MEMBERS OF THE STATE PERSONNEL SYSTEM.

(f)  ANY EMPLOYEE WHO ELECTS TO BECOME AN EMPLOYEE IN THE SEPARATE PERSONNEL SYSTEM OF A STATE­SUPPORTED INSTITUTION OF HIGHER EDUCATION SHALL RECEIVE FULL CREDIT FOR SICK LEAVE AND ANNUAL LEAVE ACCRUED WHILE HE OR SHE WAS AN EMPLOYEE IN THE STATE PERSONNEL SYSTEM.

(g)  THIS SUBSECTION (2) SHALL NOT APPLY TO ANY FACULTY MEMBER POSITION, ADMINISTRATIVE POSITION, OR STUDENT POSITION EXEMPTED FROM THE STATE PERSONNEL SYSTEM PURSUANT TO SECTION 24­50­135, C.R.S.".

Renumber succeeding sections accordingly.

Page 18, line 12, strike "14" and substitute "15";

line 15, strike "14" and substitute "15";

line 18, strike "15 through 18" and substitute "16 through 19".

HCR99-1001 be referred to the Committee of the Whole with favorable recommendation.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and returns herewith: HJR99-1009.

_______________

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

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk