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:
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:
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