Untitled

This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY

STATE OF COLORADO

First Regular Session

Fifty-fifth Legislative Day Monday, March 1, 1999

Prayer by the Reverend Doctor Cynthia Cearley, Montview Presbyterian Church, Denver.

The Speaker called the House to order at 10:00 a.m.

The roll was called with the following result:

Present--63.

Absent and excused--Representatives Saliman, Smith--2.

The Speaker declared a quorum present.

_______________

On motion of Representative Lee, the reading of the journal of February 26, 1999, was dispensed with and approved as corrected by the Chief Clerk.

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REPORTS OF COMMITTEES OF REFERENCE

APPROPRIATIONS

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

HB99-1003 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, strike line 13;

line 14, strike "2000," and substitute the following:

"(II) FOR ANY INCOME TAX YEAR COMMENCING ON OR AFTER JANUARY 1, 2000, IF, BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH SECTION 24-77-106.5, C.R.S., THE CONTROLLER CERTIFIES THE AMOUNT OF STATE REVENUES FOR THE STATE FISCAL YEAR ENDING IN THAT INCOME TAX YEAR EXCEED THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION AND THE VOTERS STATEWIDE HAVE EITHER NOT AUTHORIZED THE STATE TO RETAIN AND SPEND ALL OF THE EXCESS STATE REVENUES OR HAVE AUTHORIZED THE STATE TO RETAIN AND SPEND ONLY A PORTION OF THE EXCESS STATE REVENUES FOR THAT FISCAL YEAR,".

Page 3, strike line 6;

line 7, strike "1, 2000," and substitute the following:

"(j) (I) FOR ANY INCOME TAX YEAR COMMENCING ON OR AFTER JANUARY 1, 2000, IF, BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH SECTION 24-77-106.5, C.R.S., THE CONTROLLER CERTIFIES THE AMOUNT OF STATE REVENUES FOR THE STATE FISCAL YEAR ENDING IN THAT INCOME TAX YEAR EXCEED THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION AND THE VOTERS STATEWIDE HAVE EITHER NOT AUTHORIZED THE STATE TO RETAIN AND SPEND ALL OF THE EXCESS STATE REVENUES OR HAVE AUTHORIZED THE STATE TO RETAIN AND SPEND ONLY A PORTION OF THE EXCESS STATE REVENUES FOR THAT FISCAL YEAR,";

after line 17, insert the following:

"(II) ANY STATE INCOME TAX MODIFICATION ALLOWED PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH (j) SHALL BE PUBLISHED IN RULES PROMULGATED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., AND SHALL BE INCLUDED IN INCOME TAX FORMS FOR THAT TAXABLE YEAR.

(III) IF ONE OR MORE BALLOT QUESTIONS THAT SEEK AUTHORIZATION FOR THE STATE TO RETAIN AND SPEND ALL OR ANY PORTION OF THE AMOUNT OF EXCESS STATE REVENUES FOR THE IMMEDIATELY PRECEDING FISCAL YEAR ARE SUBMITTED TO THE VOTERS AT A STATEWIDE ELECTION TO BE HELD IN NOVEMBER OF ANY CALENDAR YEAR COMMENCING ON OR AFTER JANUARY 1, 2000, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL NOT PUBLISH RULES CONTAINING ANY STATE INCOME TAX MODIFICATION ALLOWED PURSUANT TO THIS PARAGRAPH (j) UNTIL SUCH RULES ARE ABLE TO REFLECT THE IMPACT OF THE RESULTS OF SUCH ELECTION ON THE STATE INCOME TAX MODIFICATION ALLOWED PURSUANT TO THIS PARAGRAPH (j).";

strike line 18;

line 19, strike "1, 2000," and substitute the following:

"(k) (I) FOR ANY INCOME TAX YEAR COMMENCING ON OR AFTER JANUARY 1, 2000, IF, BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH SECTION 24-77-106.5, C.R.S., THE CONTROLLER CERTIFIES THE AMOUNT OF STATE REVENUES FOR THE STATE FISCAL YEAR ENDING IN THAT INCOME TAX YEAR EXCEED THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION AND THE VOTERS STATEWIDE HAVE EITHER NOT AUTHORIZED THE STATE TO RETAIN AND SPEND ALL OF THE EXCESS STATE REVENUES OR HAVE AUTHORIZED THE STATE TO RETAIN AND SPEND ONLY A PORTION OF THE EXCESS STATE REVENUES FOR THAT FISCAL YEAR,".

Page 4, after line 6, insert the following:

"(II) ANY STATE INCOME TAX MODIFICATION ALLOWED PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH (k) SHALL BE PUBLISHED IN RULES PROMULGATED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., AND SHALL BE INCLUDED IN INCOME TAX FORMS FOR THAT TAXABLE YEAR.

(III) IF ONE OR MORE BALLOT QUESTIONS THAT SEEK AUTHORIZATION FOR THE STATE TO RETAIN AND SPEND ALL OR ANY PORTION OF THE AMOUNT OF EXCESS STATE REVENUES FOR THE IMMEDIATELY PRECEDING FISCAL YEAR ARE SUBMITTED TO THE VOTERS AT A STATEWIDE ELECTION TO BE HELD IN NOVEMBER OF ANY CALENDAR YEAR COMMENCING ON OR AFTER JANUARY 1, 2000, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL NOT PUBLISH RULES CONTAINING ANY STATE INCOME TAX MODIFICATION ALLOWED PURSUANT TO THIS PARAGRAPH (k) UNTIL SUCH RULES ARE ABLE TO REFLECT THE IMPACT OF THE RESULTS OF SUCH ELECTION ON THE STATE INCOME TAX MODIFICATION ALLOWED PURSUANT TO THIS PARAGRAPH (k).

SECTION 3. 24-77-106.5, Colorado Revised Statutes, is amended to read:

24-77-106.5. Annual financial report. (1) (a) For each fiscal year, the controller shall prepare a financial report for the state for purposes of ascertaining compliance with the provisions of this article. Any financial report prepared pursuant to this section shall include, but shall not be limited to, state fiscal year spending, reserves, revenues, and debt. Such financial report shall be audited by the state auditor.

(b) BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH PARAGRAPH (a) OF THIS SUBSECTION (1) FOR ANY GIVEN FISCAL YEAR, THE CONTROLLER SHALL CERTIFY TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE NO LATER THAN SEPTEMBER 1 FOLLOWING THE END OF A FISCAL YEAR THE AMOUNT OF STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF THE ARTICLE X OF THE STATE CONSTITUTION, IF ANY, FOR SUCH FISCAL YEAR.

(2) ANY FINANCIAL REPORT PREPARED AND CERTIFICATION OF STATE EXCESS REVENUES MADE PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL BE AUDITED BY THE STATE AUDITOR. NO LATER THAN SEPTEMBER 15 FOLLOWING THE CERTIFICATION MADE BY THE STATE CONTROLLER FOR ANY GIVEN FISCAL YEAR, THE STATE AUDITOR SHALL REPORT AND TRANSMIT TO THE GOVERNOR, THE GENERAL ASSEMBLY AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE THE RESULTS OF ANY AUDIT CONDUCTED IN ACCORDANCE WITH THIS SUBSECTION (2).

~~(2)~~ (3) Notwithstanding any generally accepted accounting principles to the contrary, financial reports prepared pursuant to subsection (1) of this section shall not include any unrealized gains or losses on investments held by the state.".

Renumber succeeding section accordingly.

HB99-1015 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Finance Committee Report, dated February 4, 1999, page 1, strike line 1 and substitute the following:

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

"SECTION 1. Part 1 of article 26 of title 39, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

39-26-127. Fiscal years commencing on or after July 1, 1998 - temporary exemption of vending machine food from state sales and use tax - authority of executive director. (1) FOR ANY FISCAL YEAR COMMENCING ON OR AFTER JULY 1, 1998, IF, BY SEPTEMBER 1 OF THE CALENDAR YEAR IN WHICH THAT FISCAL YEAR ENDED, THE CONTROLLER HAS CERTIFIED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 24-77-106.5, C.R.S., THAT THE AGGREGATE AMOUNT OF STATE REVENUES EXCEEDS THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION FOR THE FISCAL YEAR ENDING IN THAT CALENDAR YEAR, AND VOTERS STATEWIDE EITHER HAVE NOT AUTHORIZED THE STATE TO RETAIN AND SPEND ALL OF THE EXCESS REVENUES FOR THAT FISCAL YEAR OR HAVE AUTHORIZED THE STATE TO RETAIN AND SPEND ONLY A PORTION OF THE EXCESS STATE REVENUES FOR THAT FISCAL YEAR, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL, FOR THE PERIOD OF OCTOBER 1 OF THE CALENDAR YEAR DURING WHICH THAT FISCAL YEAR ENDED THROUGH JUNE 30 OF THE CALENDAR YEAR IMMEDIATELY SUBSEQUENT TO THE CALENDAR YEAR IN WHICH SUCH FISCAL YEAR ENDED, TEMPORARILY EXEMPT FROM THE STATE SALES AND USE TAX IMPOSED PURSUANT TO SECTIONS 39-26-104 AND 39-26-202 ALL SALES AND PURCHASES OF FOOD BY OR THROUGH VENDING MACHINES IN ACCORDANCE WITH SECTIONS 39-26-114 (7.5) AND 39-26-203 (1) (hh).

(2) (a) ANY STATE SALES AND USE TAX EXEMPTION ALLOWED PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE PUBLISHED IN RULES PROMULGATED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., AND SHALL BE INCLUDED IN SUCH NOTICES AND PUBLICATIONS AS ARE CUSTOMARILY ISSUED BY THE DEPARTMENT OF REVENUE ON AT LEAST A QUARTERLY BASIS CONCERNING EXEMPTIONS FROM THE STATE SALES AND USE TAX.

(b) IF ONE OR MORE BALLOT QUESTIONS THAT SEEK AUTHORIZATION FOR THE STATE TO RETAIN AND SPEND ALL OR ANY PORTION OF THE AMOUNT OF EXCESS STATE REVENUES FOR THE IMMEDIATELY PRECEDING FISCAL YEAR ARE SUBMITTED TO THE VOTERS AT A STATEWIDE ELECTION TO BE HELD IN NOVEMBER OF ANY CALENDAR YEAR COMMENCING ON OR AFTER JANUARY 1, 1999, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL NOT PUBLISH RULES CONTAINING ANY STATE SALES AND USE TAX EXEMPTION ALLOWED PURSUANT TO THIS SECTION UNTIL SUCH RULES ARE ABLE TO REFLECT THE IMPACT OF THE RESULTS OF SUCH ELECTION ON THE EXEMPTION FROM THE STATE SALES AND USE TAX ALLOWED PURSUANT TO SECTIONS 39-26-114 (7.5) AND 39-26-203 (1) (hh).".

Renumber succeeding sections accordingly.

Page 1, line 5, strike "ON" and substitute "SUBJECT TO SECTION 39-26-127, ON".

Page 2, line 20, strike "ON" and substitute "SUBJECT TO SECTION 39-26-127, ON".

Page 5, after line 2, insert the following:";

page 1 of the Finance Committee Report, line 2, strike "5." and substitute "6.".

Page 2 of the Finance Committee Report, strike lines 2 through 15 and substitute the following:

""SECTION 11. 24-77-106.5, Colorado Revised Statutes, is amended to read:

(b) BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH PARAGRAPH (a) OF THIS SUBSECTION (1) FOR ANY GIVEN FISCAL YEAR, THE CONTROLLER SHALL CERTIFY TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE NO LATER THAN SEPTEMBER 1 FOLLOWING THE END OF A FISCAL YEAR THE AMOUNT OF STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION, IF ANY, FOR SUCH FISCAL YEAR.

(2) ANY FINANCIAL REPORT PREPARED AND CERTIFICATION OF STATE EXCESS REVENUES MADE PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL BE AUDITED BY THE STATE AUDITOR. NO LATER THAN SEPTEMBER 15 FOLLOWING THE CERTIFICATION MADE BY THE STATE CONTROLLER FOR ANY GIVEN FISCAL YEAR, THE STATE AUDITOR SHALL REPORT AND TRANSMIT TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE THE RESULTS OF ANY AUDIT CONDUCTED IN ACCORDANCE WITH THIS SUBSECTION (2).

HB99-1016 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Strike the House Committee on Finance report, dated February 4, 1999, and substitute the following:

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

"SECTION 1. Part 1 of article 26 of title 39, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

39-26-127. Fiscal years commencing on or after July 1, 1998 - temporary exemption of tangible personal property to be used for biotechnological purposes from state sales and use tax - authority of executive director. (1) FOR ANY FISCAL YEAR COMMENCING ON OR AFTER JULY 1, 1998, IF, BY SEPTEMBER 1 OF THE CALENDAR YEAR IN WHICH THAT FISCAL YEAR ENDED, THE CONTROLLER HAS CERTIFIED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 24-77-106.5, C.R.S., THAT THE AGGREGATE AMOUNT OF STATE REVENUES EXCEEDS THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION FOR THE FISCAL YEAR ENDING IN THAT CALENDAR YEAR, AND VOTERS STATEWIDE EITHER HAVE NOT AUTHORIZED THE STATE TO RETAIN AND SPEND ALL OF THE EXCESS REVENUES FOR THAT FISCAL YEAR OR HAVE AUTHORIZED THE STATE TO RETAIN AND SPEND ONLY A PORTION OF THE EXCESS STATE REVENUES FOR THAT FISCAL YEAR, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL, FOR THE PERIOD OF OCTOBER 1 OF THE CALENDAR YEAR DURING WHICH THAT FISCAL YEAR ENDED THROUGH JUNE 30 OF THE CALENDAR YEAR IMMEDIATELY SUBSEQUENT TO THE CALENDAR YEAR IN WHICH SUCH FISCAL YEAR ENDED, TEMPORARILY EXEMPT FROM THE STATE SALES AND USE TAX IMPOSED PURSUANT TO SECTIONS 39-26-104 AND 39-26-202, AGRICULTURAL COMPOUNDS AND SEMEN USED FOR AGRICULTURAL OR RANCHING PURPOSES IN ACCORDANCE WITH SECTIONS 39-26-114 (20) (a) AND 39-26-203 (1) (hh).

Renumber succeeding sections accordingly.

Page 2, before line 22, insert the following:

"SECTION 4. 24-77-106.5, Colorado Revised Statutes, is amended to read:

(b) BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH PARAGRAPH (a) OF THIS SUBSECTION (1) FOR ANY GIVEN FISCAL YEAR, THE CONTROLLER SHALL CERTIFY TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE NO LATER THAN SEPTEMBER 1 FOLLOWING THE END OF A FISCAL YEAR THE AMOUNT OF STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION, IF ANY, FOR SUCH FISCAL YEAR.

(2) ANY FINANCIAL REPORT PREPARED AND CERTIFICATION OF STATE EXCESS REVENUES MADE PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL BE AUDITED BY THE STATE AUDITOR. NO LATER THAN SEPTEMBER 15 FOLLOWING THE CERTIFICATION MADE BY THE STATE CONTROLLER FOR ANY GIVEN FISCAL YEAR, THE STATE AUDITOR SHALL REPORT AND TRANSMIT TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE THE RESULTS OF ANY AUDIT CONDUCTED IN ACCORDANCE WITH THIS SUBSECTION (2).

Renumber succeeding section accordingly.".

HB99-1141 be referred to the Committee of the Whole with favorable recommendation.

HB99-1207 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the House Finance Committee Report, dated January 29, 1999, page 1, line 1, strike "page 1, line 8, strike "1999" and substitute "2000"." and substitute "page 2, strike lines 19 through 21 and substitute the following:";

strike lines 2 through 5.

BUSINESS AFFAIRS AND LABOR

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

SB99-044 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 3, line 6, after "FESTIVALS", insert "UNDER THIS PERMIT".

Page 4, line 17, strike "ONE HUNDRED DOLLARS.", and substitute "TWENTYFIVE DOLLARS PER LICENSEE OR TWO HUNDRED DOLLARS IN THE AGGREGATE.";

after line 20, insert the following:

"(8) A JOINT FINE LEVIED PURSUANT TO SUBSECTION (7) OF THIS SECTION SHALL NOT CREATE OR INCREASE CIVIL LIABILITY UNDER SECTION 12-47-801 (3) FOR A PARTICIPATING LIMITED WINERY LICENSEE OR CREATE JOINT LIABILITY FOR SUCH A LICENSEE.".

SB99-066 be referred to the Committee of the Whole with favorable recommendation.

SB99-135 be referred to the Committee of the Whole with favorable recommendation.

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PRINTING REPORT

The Chief Clerk reports the following bills been correctly printed: HB99-1322, 1323, 1324, and 1325.

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1053, 1054, 1062.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate voted to concur in House Amendments to SB99-177, 180, 182, and 187 and repassed the bills as amended.

_________

The Senate has adopted and returns herewith: HJR99-1004 and 1005.

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CONSIDERATION OF RESOLUTIONS

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

(Printed and placed in member's file; also printed in House Journal, February 24, pages 618-619.)

On motion of Representative S.Williams, the resolution was read at length and adopted by viva voce vote.

Co-sponsors added: Roll call of the House.

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

(Printed and placed in member's file; also printed in House Journal, February 26, pages 634-635.)

On motion of Representative Spradley, the resolution was read at length and adopted by viva voce vote.

Co-sponsors added: Representatives Alexander, Allen, Bacon, Berry, Chavez, Clapp, Clarke, Coleman, Dean, Decker, Fairbank, Gagliardi, Gordon, Grossman, Hefley, Hoppe, Johnson, Kaufman, Keller, Kester, King, Larson, Lawrence, Mace, May, McElhany, McKay, McPherson, Miller, Morrison, Nuñez, Paschall, Pfiffner, Ragsdale, Sinclair, Stengel, Scott, Swenson, Tapia, Taylor, Tochtrop, Tupa, Vigil, Webster, T.Williams, Windels, Witwer, Young, Zimmerman, Mr. Speaker.

_______________

THIRD READING OF BILLS--FINAL PASSAGE

The following bills were considered on Third Reading. The titles were publicly read. Reading of the bill at length was dispensed with by unanimous consent.

HB99-1199 by Representatives Paschall, Hefley, Lee, Dean, Fairbank, Mitchell; also Senators Lamborn, Andrews, Arnold, Congrove, Hillman, Musgrave, Owen--Concerning the authorization of covenant marriages.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, less than a majority of those elected to the House voted in the affirmative and the bill was declared lost.

YES 32 NO 31 EXCUSED 2 ABSENT 0

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

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

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

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

Mr. Speaker Y

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

The question being "Shall the bill 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 bill was declared passed.

YES 55 NO 8 EXCUSED 2 ABSENT 0

Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke Y
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 Y
May Y
McElhany Y
McKay Y
McPherson N

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

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

Mr. Speaker Y

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

The question being "Shall the bill 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 bill was declared passed.

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 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 E
Sinclair Y
Smith E
Spence Y
Spradley Y
Stengel Y
Scott 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

Co-sponsors added: Representatives Coleman, Kaufman, Taylor.

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

The question being "Shall the bill 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 bill was declared passed.

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 YGagliardi 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 E
Sinclair Y
Smith E
Spence Y
Spradley Y
Stengel Y
Scott 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

Co-sponsors added: Representatives Hoppe, Kaufman, Morrison, Taylor, Vigil.

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

The question being "Shall the bill 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 bill was declared passed.

Co-sponsors added: Representatives Mace, Morrison, Sinclair.

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

The question being "Shall the bill 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 bill was declared passed.

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y
Allen Y
Bacon Y
Berry YChavez 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 E
Sinclair Y
Smith E
Spence Y
Spradley Y
Stengel Y
Scott 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

Co-sponsors added: Representatives Spradley, Witwer.

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

The question being "Shall the bill 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 bill was declared passed.

YES 51 NO 12 EXCUSED 2 ABSENT 0

Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke N
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon N
Gotlieb Y
Grossman N
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 Y
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 E
Sinclair Y
Smith E
Spence Y
Spradley Y
Stengel Y
Scott Y
Swenson Y

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

Mr. Speaker Y

Co-sponsors added: Representatives Allen, Clapp, Dean, Decker, Fairbank, Gagliardi, Gotlieb, Hefley, Hoppe, Kester, Larson, Lee, Mace, McKay, McPherson, Mitchell, Nuñez, Pfiffner, Sinclair, Spence, Spradley, Stengel, Scott, Swenson, Taylor, Webster, T.Williams, Witwer, Mr. Speaker.

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

The question being "Shall the bill 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 bill was declared passed.

YES 54 NO 9 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 N
Gordon N
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 Y
May Y
McElhany Y
McKay Y
McPherson Y

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

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

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Berry, Clapp, Dean, Fairbank, Gotlieb, Hagedorn, Keller, Lee, Mace, McPherson, Mitchell, Nuñez, Paschall, Pfiffner, Plant, Spence, Spradley, Stengel, Scott, Tapia, Taylor, T.Williams, Mr. Speaker.

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

The question being "Shall the bill 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 bill was declared passed.

YES 60 NO 3 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 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 N
McPherson Y

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

Co-sponsors added: Representatives Bacon, Dean, Gordon, Gotlieb, Hagedorn, Keller, Kester, McElhany, McPherson, Miller, Morrison, Paschall, Plant, Sinclair, Spence, Scott, Tate, Tupa, Veiga, Zimmerman.

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

The question being "Shall the bill 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 bill was declared passed.

Co-sponsors added: Representatives Alexander, Allen, Bacon, Berry, Chavez, Clapp, Clarke, Coleman, Dean, Decker, Fairbank, Gagliardi, Gordon, Gotlieb, Grossman, Hagedorn, Hefley, Hoppe, Johnson, Kaufman, Kester, King, Larson, Lawrence, Lee, Leyba, Mace, May, McElhany, McKay, McPherson, Miller, Mitchell, Nuñez, Paschall, Pfiffner, Plant, Sinclair, Spence, Spradley, Stengel, Scott, Swenson, Tapia, Tate, Tochtrop, Veiga, Vigil, Webster, T.Williams, Witwer, Young, Zimmerman, Mr. Speaker.

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

The question being "Shall the bill 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 bill was declared passed.

Co-sponsors added: Representatives Alexander, Gagliardi, Gotlieb, Hoppe, Larson, Lawrence, Miller, Spence, Spradley, Scott, Tapia, Young.

_______________

APPOINTMENTS

The Speaker announced the following appointments:

Representative T. Williams--Committee on Education

Representative Scott--Committees on Finance and Local Government

Representative Spradley--Legislative Council Committee

________________

On motion of Representative Paschall, 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.)

HB99-1206 by Representative May; also Senator Powers--Concerning the continuation of the allocation of the state sales and use tax to the highway users tax fund.

Laid over until March 8, retaining place on Calendar.

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

Amendment No. 1, Local Government Report, dated February 17, 1999, and placed in member's bill file; Report also printed in House Journal, February 18, page 499.

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

SB99-057 by Senator Dennis; also Representative Mitchell--Concerning the economic regulation of telecommunications.

Amendment No. 1, by Representative McElhany.

Amend reengrossed bill, page 3, line 6, strike "(I)";

line 11, after "C.R.S.", insert "THE COMMISSION MAY CONSIDER WHETHER TO CHANGE THE STATUS OF REPORTS PROVIDED TO IT ON A NONCONFIDENTIAL BASIS.";

strike lines 12 through 19.

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

SB99-131 by Senator Wham; also Representative Kaufman--Concerning continuation of the youthful offender system.

Laid over until March 8, retaining place on Calendar.

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

Laid over until March 5, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: SB99-015 amended, 057 amended.

Laid over until date indicated retaining place on Calendar:

HB99-1187--March 5, 1999

HB99-1206, SB99-131--March 8, 1999

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

YES 60 NO 0 EXCUSED 2 ABSENT 3

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

Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller
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 E
Sinclair Y
Smith E
Spence Y
Spradley Y
Stengel Y
Scott Y
Swenson Y

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

Mr. Speaker Y

_______________

On motion of Representative Spradley, the House adjourned until 9:00 a.m., March 2, 1999.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk