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

Sixty-third Legislative Day Tuesday, March 9, 1999

Prayer by Pastor Dan Elliott, South Presbyterian Church, Littleton.

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--Representatives Keller, Plant--2.

The Speaker declared a quorum present.

_______________

On motion of Representative McKay, the reading of the journal of March 8, 1999, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

EDUCATION

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

SB99-052 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, strike lines 2 through 15.

Strike page 3.

Page 4, strike line 1.

Renumber succeeding sections accordingly.

Page 4, line 2, strike "22-30.5-104 (1)," and substitute "22-30.5-104,";

line 3, strike "amended, and the said 22-30.5-104 is further";

line 4, strike "SUBSECTION," and substitute "SUBSECTION";

line 5, strike "(1)";

strike lines 6 through 10;

line 11, strike " (4.5) CHARTER SCHOOLS" and substitute "(5) A CHARTER SCHOOL";

line 12, strike "LEGAL ENTITIES" and substitute "A LEGAL ENTITY";

line 25, strike "October 1 SEPTEMBER 1" and substitute "October 1".

Page 5, line 6, strike "OR TECHNICAL ASSISTANCE COMMITTEE";

line 7, strike "APPOINTED PURSUANT TO SUBSECTION (1.5) OF THIS SECTION";

strike lines 9 through 12 and substitute the following:

"(1.5)  FOR PURPOSES OF REVIEWING A CHARTER SCHOOL APPLICATION, A DISTRICT ACCOUNTABILITY COMMITTEE SHALL INCLUDE AT LEAST:".

Page 6, line 1, strike "NINETY" and substitute "SEVENTY­FIVE";

strike lines 8 through 26.

Page 7, strike line 1.

Renumber succeeding section accordingly.

Page 1, line 102, strike "AUTHORIZING ON-LINE EDUCATIONAL PROGRAMS,";

line 103, strike "APPLICATIONS," and substitute "APPLICATIONS".

SB99-200 be referred to the Committee of the Whole with favorable recommendation.

HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

SB99-120 be postponed indefinitely.

LOCAL GOVERNMENT

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

SB99-014 be referred to the Committee of the Whole with favorable recommendation.

SB99-140 be referred to the Committee of the Whole with favorable recommendation.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has postponed indefinitely and returns herewith: HB99­1251.

_________

The Senate has passed on Third Reading and returns herewith HB99-1036, 1041, 1067, 1096, 1152, 1173, 1244, 1307.

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes:

HB99-1026, amended as printed in Senate Journal, March 5, page 421;

HB99-1114, amended as printed in Senate Journal, March 5, page 421;

HB99-1160, amended as printed in Senate Journal, March 5, page 422;

HB99-1191, amended as printed in Senate Journal, March 5, page 421;

HB99-1215, amended as printed in Senate Journal, March 5, page 423.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, HB99-1026, 1114, 1160, 1191, and 1215.

______________

INTRODUCTION OF BILL

First Reading

The following bill was read by title and referred to the committees indicated:

HB99-1332 by Representatives Taylor, Paschall, Stengel; also Senators Blickensderfer, Dyer, Weddig--Concerning tuition assistance for members of the Colorado national guard, and making an appropriation therefor.

Committee on State, Veterans, & Military Affairs

Committee on Appropriations

_______________

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.

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

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 E

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 E

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Chavez, Dean, Fairbank, Gagliardi, Gordon, Grossman, Hoppe, Kaufman, King, Larson, Lawrence, Lee, Mace, May, Miller, Mitchell, Saliman, Scott, Sinclair, Spence, Swenson, Tapia, Taylor, Tool, Veiga, Webster, S.Williams, T.Williams, Witwer.

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

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 39 NO 24 EXCUSED 2 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 N

Gordon N

Gotlieb Y

Grossman N

Hagedorn N


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller E

Kester Y

King N

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace Y

May Y

McElhany N

McKay N

McPherson Y


Miller Y

Mitchell Y

Morrison N

Nuñez Y

Paschall Y

Pfiffner N

Plant E

Ragsdale Y

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia N

Tate N

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

Co-sponsors added: Representatives Dean, Gotlieb, Kaufman, Mace, May, Miller, Scott, Sinclair, Swenson, Taylor, Webster, S.Williams.

HB99-1327 by Representatives S.Williams, Swenson, Witwer, Bacon, Keller, Mace, May, Ragsdale, Tupa, Veiga, Zimmerman; also Senator Perlmutter--Concerning authorization for the codevelopment of public transportation transfer facilities for the purpose of providing retail or commercial goods and services at such facilities.

As shown by the following roll call vote, a majority of all members elected to the House voted in the affirmative, and Representative Larson was given permission to offer a Third Reading amendment:

YES 57 NO 6 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez N

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn N


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller E

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 E

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate N

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



Third Reading amendment No. 1, by Representative Larson.

Amend engrossed bill, page 5, line 26, strike "OWNED OR" and substitute "OWNED, LEASED, OR".

Page 6, line 2, strike "OWNED OR" and substitute "OWNED, LEASED, OR";

line 9, strike "OWNED OR" and substitute "OWNED, LEASED, OR";

strike lines 13 through 15 and substitute the following:

"PARKING FOR THE PUBLIC OR WOULD RESULT IN DIRECT COMPETITION WITH A PRIVATE BUSINESS REASONABLY NEAR A TRANSFER FACILITY ENGAGING IN THE SALE OF SIMILAR GOODS AND SERVICES, UNLESS THE OWNER OF THE PRIVATE BUSINESS CONSENTS TO SUCH USE. THE";

line 17, strike "OWNED OR" and substitute "OWNED, LEASED, OR";

line 22, strike "OWNED OR" and substitute "OWNED, LEASED, OR".

The amendment 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 Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller E

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 E

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y


The question being, "Shall the bill, 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 bill, as amended, 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 E

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 E

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Clarke, Coleman, Vigil.

_______________

On motion of Representative Berry, the House resolved itself into Committee of the Whole for consideration of Special Orders and she was called to the Chair to act as Chairman.

_______________

SPECIAL ORDERS--SECOND READING OF BILL

The Committee of the Whole having risen, the Chairman reported the title of the following bill had been read (reading at length had been dispensed with by unanimous consent), the bill 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.)

HB99-1187 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.

Amendment No. 1, Business Affairs & Labor Report, dated February 4, 1999, and placed in member's bill file; Report also printed in House Journal, February 5, page 353.

Amendment No. 2, Appropriations Report, dated February 24, 1999, and placed in member's bill file; Report also printed in House Journal, February 24, page 614.

Amendment No. 3, by Representative Johnson.

Amend the Business Affairs and Labor Committee Report, dated February 4, 1999, page 1, strike lines 1 through 5, and substitute the following:

"Amend printed bill, page 4, line 4, strike "(1.5)" and substitute "(1.5) (1.4)";

after line 9, insert the following:

"(1.5)  "BOARD" MEANS THE COLORADO CHARITABLE GAMING BOARD CREATED IN SECTION 12­9­201.".

Page 5, strike lines 3 and 4.

Page 13, line 13, after "(a)", insert "(I)";

strike lines 14 through 26, and substitute the following:

"article AND TO GRANT OR REFUSE TO GRANT LICENSES TO LANDLORDS, MANUFACTURERS, MANUFACTURERS' AGENTS, SUPPLIERS, SUPPLIERS' AGENTS, GAMES MANAGERS, AND MEMBERS IN CHARGE. In addition, the licensing authority has the power and the responsibility, after investigation and hearing before an administrative law judge, to suspend or revoke any license issued by the licensing authority, in accordance with any order of such administrative law judge. When a license is ordered suspended or revoked, the licensee shall surrender the license to the licensing authority on or before the effective date of the suspension or revocation. No license is valid beyond the effective date of the suspension or revocation, whether surrendered or not. Any bingo­raffle license may be temporarily suspended for a period not to exceed ten days pending any prosecution, investigation, or public hearing.".

Page 14, strike lines 1 through 9, and substitute the following:

"(II)  THE REFUSAL OF THE LICENSING AUTHORITY TO GRANT A LICENSE SHALL ENTITLE THE APPLICANT TO ADMINISTRATIVE REVIEW OF SUCH REFUSAL BY AN ADMINISTRATIVE LAW JUDGE IN ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION. FOR PURPOSES OF SUCH REVIEW, THE REFUSAL TO GRANT A LICENSE SHALL BE TREATED AS THE EQUIVALENT OF A SUSPENSION OR REVOCATION.

(b)  To supervise the administration AND ENFORCEMENT of this article and, IN CONSULTATION WITH THE BOARD, to adopt, amend, and repeal rules and regulations governing the holding, operating, and conducting of games of chance, the rental of premises, and the purchase of equipment to the end that games of chance shall be held, operated, and conducted only by licensees for the purposes and in conformity with the state constitution and the provisions of this article;";

strike lines 19 through 26.

Page 15, strike lines 1 through 18, and substitute the following:

"(2)  The licensing authority may suspend or revoke a license pursuant to the provisions of section 24­4­104, C.R.S. Hearings that are held for the purpose of determining whether a licensee's license should be revoked or suspended shall be conducted by an administrative law judge appointed pursuant to part 10 of article 30 of title 24, C.R.S., and shall be held in the manner and pursuant to the rules and procedures described in sections 24­4­104, 24­4­105, and 24­4­106, C.R.S. Hearings shall be held and concluded, in accordance with such rules, with reasonable dispatch and without unnecessary delay, and a decision shall be issued within ten days of AFTER such hearing.

(2.5) ANY LICENSEE MAY APPLY TO THE LICENSING AUTHORITY FOR A LETTER RULING CONCERNING THE LEGALITY OF A PROPOSED PRACTICE OR PROCEDURE. THE LICENSING AUTHORITY SHALL CONSULT WITH THE CHARITABLE GAMING BOARD, CREATED IN SECTION 12­9­201, CONCERNING ALL SUCH RULINGS AND SHALL HAVE FORTY­FIVE DAYS IN WHICH TO RULE. IN THE ABSENCE OF A RULING WITHIN SUCH FORTY­FIVE­DAY PERIOD, THE PROPOSED PRACTICE OR PROCEDURE SHALL BE DEEMED APPROVED. AN ADVERSE RULING MAY BE APPEALED TO AN ADMINISTRATIVE LAW JUDGE.

(3) (a)  Upon a finding by an administrative law judge of a violation of this article or the rules, and regulations, or both, such as would warrant the suspension or revocation of a license, the administrative law judge, in addition to any other penalties which THAT may be imposed by the administrative law judge, may declare the violator ineligible to conduct a game of bingo and to apply for a license under said laws for a period not exceeding twelve months thereafter AFTER THE DATE OF SUCH DECLARATION. Such declaration of ineligibility may be extended to include, in addition to the violator, any of its subsidiary organizations, its parent organization, or otherwise, affiliated with the violator when, in the opinion of the licensing authority, the circumstances of the violation warrant such action.

(b)  The decision of the administrative law judge in suspending or revoking any license under this article IN ANY CONTROVERSY CONCERNING LICENSING OR THE LEGALITY OF A PROPOSED PRACTICE OR PROCEDURE shall be final and subject to review by the court of appeals, pursuant to the provisions of section 24­4­106 (11), C.R.S.

(4) THE LICENSING AUTHORITY SHALL FORWARD TO THE CHARITABLE GAMING BOARD, CREATED IN SECTION 12­9­201, WITHIN SEVEN DAYS AFTER RECEIPT, A COPY OF EVERY COMPLAINT AGAINST A LICENSEE THAT IS RECEIVED BY THE LICENSING AUTHORITY.";

strike line 21, and substitute "SHALL BE".

Page 16, line 8, strike "COMMISSION" and substitute "LICENSING AUTHORITY, IN CONSULTATION WITH THE BOARD,";

line 10, strike "COMMISSION AND THE";

line 11, strike "THEIR" and substitute "ITS";

line 12, after the period, add "THE AMOUNTS OF ALL FEES SHALL BE REVIEWED ANNUALLY. THE LICENSING AUTHORITY SHALL ANNUALLY FURNISH TO THE BOARD AN ACCOUNTING OF ALL FEE REVENUES RECEIVED PURSUANT TO THIS ARTICLE, TOGETHER WITH A LIST OF ALL FEES IN EFFECT, FOR PURPOSES OF INCLUSION IN THE BOARD'S ANNUAL REPORT TO THE GENERAL ASSEMBLY PURSUANT TO SECTION 12­9­202 (1) (e).".

Page 17, line 8, strike "BY THE COMMISSION".

Page 18, line 24, strike "BY THE COMMISSION".

Page 22, line 6, strike "BY THE";

line 7, strike "COMMISSION".

Page 23, line 17, strike "BY THE COMMISSION".

Page 24, line 18, strike "(1.5)," and substitute "(1.4),".

Page 25, line 1, strike "BY THE COMMISSION".

Page 26, line 8, strike "BY THE";

line 9, strike "COMMISSION".

Page 27, line 22, strike "BY THE COMMISSION".

Page 29, line 2, strike "licensing authority COMMISSION," and substitute "licensing authority,".

Page 30, strike lines 7 and 8, and substitute the following:

"lotto more often than on one hundred five FIFTY EIGHT occasions in any calendar year.";

line 20, strike "licensing authority COMMISSION" and substitute "licensing authority";

line 21, strike "authority COMMISSION" and substitute "LICENSING authority";

line 25, strike "licensing authority COMMISSION" and substitute "licensing authority".

Page 34, line 16, strike "COMMISSION," and substitute "LICENSING AUTHORITY,".

Page 35, line 10, strike "COMMISSION" and substitute "LICENSING AUTHORITY".

Page 38, line 26, strike "COMMISSION" and substitute "LICENSING AUTHORITY".

Page 39, line 2, strike "COMMISSION" and substitute "LICENSING AUTHORITY";

line 5, strike "COMMISSION" and substitute "LICENSING AUTHORITY";

line 7, strike "licensing" and substitute "licensing";

line 8, strike "authority COMMISSION" and substitute "authority";

line 9, strike "BY THE";

line 10, strike "COMMISSION";

line 19, strike "licensing authority" and substitute "licensing authority";

line 20, strike "COMMISSION".

Page 41, line 3, strike "COMMISSION" and substitute "BOARD";

line 4, strike "commission" and substitute "board";

line 6, strike "COMMISSION." and substitute "BOARD.";

line 7, strike "COMMISSION" and substitute "BOARD";

line 9, strike "THE";

strike line 10;

line 11, strike "AND APPROVAL OF THE SENATE.";

line 16, strike "COMMISSION" and substitute "BOARD";

line 18, strike "COMMISSION" and substitute "BOARD";

line 20, strike "TWO" and substitute "THREE" and, strike "COMMISSION" and substitute "BOARD";

line 21, strike "WHICH" and substitute "WHOM";

line 24, strike "TWO MEMBERS SHALL BE REGISTERED ELECTORS" and substitute "ONE MEMBER SHALL BE A REGISTERED ELECTOR";

line 26, after "(a).", insert "NO MEMBER SHALL HOLD MORE THAN ONE LICENSE.".

Page 42, line 1, strike "COMMISSION." and substitute "BOARD.";

after line 1, insert the following:

"(b) (I)  OF THE THREE MEMBERS OF THE BOARD WHO ARE BONA FIDE MEMBERS OF A BINGO­RAFFLE LICENSEE, ONE SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE, ONE SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND ONE SHALL BE APPOINTED JOINTLY BY THE PRESIDENT AND THE SPEAKER.

(II)  OF THE TWO MEMBERS OF THE BOARD WHO ARE LANDLORD LICENSEES, ONE SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE AND ONE SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

(III)  THE PRESIDENT OF THE SENATE SHALL APPOINT THE MEMBER OF THE BOARD WHO IS A SUPPLIER LICENSEE. THE SPEAKER OF THE HOUSE SHALL APPOINT THE MEMBER OF THE BOARD WHO IS A REGISTERED ELECTOR.".

Reletter succeeding paragraphs accordingly.

Page 42, line 2, strike "COMMISSION BY" and substitute "BOARD";

line 3, strike "THE GOVERNOR";

line 7, strike "COMMISSION" and substitute "BOARD";

line 9, strike "COMMISSION" and substitute "BOARD";

line 14, strike "COMMISSION" and substitute "BOARD";

line 15, strike "COMMISSION" and substitute "BOARD";

line 16, strike "COMMISSION'S" and substitute "BOARD'S";

line 19, strike "COMMISSION" and substitute "BOARD";

line 21, strike "COMMISSION" and substitute "BOARD";

line 22, strike "COMMISSION" and substitute "BOARD";

line 26, strike "COMMISSION" and substitute "BOARD".

Page 43, line 2, strike "COMMISSION" and substitute "BOARD";

line 5, strike "COMMISSION," and substitute "BOARD,";

line 6, strike "COMMISSION" and substitute "BOARD";

line 8, strike "COMMISSION" and substitute "BOARD";

line 10, strike "COMMISSION" and substitute "BOARD";

line 13, after "COLORADO", insert "BOARDS AND";

line 16, strike "COMMISSION" and substitute "BOARD";

line 17, strike "AS MAY BE PRESCRIBED BY";

line 18, strike "RULES OF THE COMMISSION." and substitute "AS THE MEMBERS MAY DEEM NECESSARY.";

line 19, strike "COMMISSION" and substitute "BOARD";

line 24, strike "COMMISSION" and substitute "BOARD";

line 25, strike "COMMISSION" and substitute "BOARD".

Page 44, line 1, strike "COMMISSION" and substitute "BOARD";

line 4, strike "COMMISSION" and substitute "BOARD";

strike line 7, and substitute "BOARD.";

line 8, strike "COMMISSION" and substitute "BOARD";

line 10, strike "Commission" and substitute "Board";

line 12, strike "COMMISSION" and substitute "BOARD";

strike lines 13 through 26.

Page 45, strike lines 1 through 14.

Reletter succeeding paragraphs accordingly.

Page 45, strike line 26.

Page 46, strike lines 1 through 9.

Reletter succeeding paragraphs accordingly.

Page 46, line 11, strike "COMMISSION" and substitute "BOARD";

strike lines 13 through 26.

Page 47, strike lines 1 through 8, and substitute the following:

"(e) TO PREPARE AND TRANSMIT ANNUALLY, IN THE FORM AND MANNER PRESCRIBED BY THE HEADS OF THE PRINCIPAL DEPARTMENTS PURSUANT TO THE PROVISIONS OF SECTION 24­1­136, C.R.S., A REPORT ACCOUNTING TO THE GENERAL ASSEMBLY FOR THE EFFICIENT DISCHARGE OF ALL RESPONSIBILITIES ASSIGNED BY LAW OR DIRECTIVE TO THE BOARD, AND TO ISSUE PUBLICATIONS OF THE BOARD INTENDED FOR CIRCULATION IN QUANTITY OUTSIDE THE EXECUTIVE BRANCH IN ACCORDANCE WITH THE PROVISIONS OF SECTION 24­1­136, C.R.S.

(2)  THE BOARD SHALL OFFER ADVICE AND ASSISTANCE TO THE LICENSING AUTHORITY UPON SUBJECTS WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:";

line 19, strike "APPROVAL OF" and substitute "RECOMMENDATIONS FOR".

Page 48, line 3, after "MANAGER;", add "AND";

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

strike lines 8 through 12;

line 14, strike "COMMISSION AND THE";

strike lines 25 and 26, and substitute the following:

"DEPARTMENT AND THE BOARD, NO MEMBER OF THE BOARD OR EMPLOYEE OF THE DEPARTMENT SHALL HAVE BEEN CONVICTED".

Page 49, line 5, strike "COMMISSION" and substitute "BOARD";

line 16, strike "COMMISSION" and substitute "BOARD".

Page 50, strike lines 3 through 6;

line 11, strike "REGULATORY";

line 12, before "CHARITABLE", insert "COLORADO" and strike "COMMISSION" and substitute "BOARD".

Page 51, line 5, strike "CHARITABLE GAMING COMMISSION" and substitute "COLORADO CHARITABLE GAMING BOARD".";

after line 8 of the Committee Report, insert the following:

"Page 1, line 103, strike "COMMISSION" and substitute "BOARD".".

Amendment No. 4, by Representatives Paschall and Johnson.

Amend the Amendment No. 3, by Representative Johnson, printed in House Journal, page 739, strike line 32, and substitute the following:

"Page 50, strike lines 3 through 6, and substitute the following:

"12­9­205.  Judicial review. ANY PERSON AGGRIEVED BY A FINAL ACTION OR ORDER OF THE LICENSING AUTHORITY AND AFFECTED THEREBY IS ENTITLED TO A REVIEW THEREOF BY THE COURT OF APPEALS BY APPROPRIATE PROCEEDINGS UNDER SECTION 24­4­106 (11), C.R.S.";".

Amendment No. 5, by Representative Johnson.

Amend the Amendment No. 3, by Representative Johnson, printed in House Journal, page 737, strike line 50, and substitute the following:

"strike lines 19 and 20.

Reletter succeeding paragraphs accordingly.";

line 52 of the Johnson floor amendment, strike "line 21," and substitute "Page 42, line 21,".

Page 738, after line 7 of the Johnson floor amendment, insert the following:

"line 9, strike "CONFIRMATION BY THE SENATE," and substitute "COMMENCING HIS OR HER TERM OF SERVICE,";".

Amendment No. 6, by Representatives Johnson, Smith, and Chavez.

Amend printed bill, page 49, strike lines 3 through 26.

Page 50, strike lines 1 and 2.

Renumber succeeding C.R.S. section accordingly.

Amendment No. 7, by Representatives Paschall and Johnson.

Amend printed bill, page 28, line 20, after the period, add "IF THE EQUIPMENT IS LEASED, IT SHALL BE OWNED BY A SUPPLIER LICENSEE OR A MANUFACTURER LICENSEE AND LEASED TO THE BINGO-RAFFLE LICENSEE OR LANDLORD LICENSEE PURSUANT TO A STANDARD LEASE AGREEMENT PROMULGATED BY THE LICENSING AUTHORITY.".

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

On motion of Representative Dean, the remainder of the Special Orders Calendar (SB99-017, 018, 027) was laid over until March 10, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1187 amended.

Laid over until date indicated retaining place on Calendar: SB99-017, 018, 027--March 10, 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 Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller E

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 E

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate ­

Taylor Y

Tochtrop Y

Tool Y

Tupa ­

Veiga Y

Vigil ­

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until March 10, retaining place on Calendar:

Consideration of General Orders--HCR99-1001, HB99-1194, 1206, 1316, 1003, 1015, 1016, 1207, SB99-044, 039, 046, HB99-1125, 1246, SB99-109, 019, 022, HB99-1317, 1314, SB99-168, 112, 122, 136, HB99-1001, 1011, 1019, 1126, 1311, 1312, SB99-155, 025, 028, 072, 063, 129.

Consideration of Resolution--SJR99-014.

Consideration of Senate Amendments--HB99-1017, 1048.

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., March 10, 1999.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk