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.

1224 HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY

STATE OF COLORADO

First Regular Session

Sixty-sixth Legislative Day Friday, March 12, 1999

Prayer by Father Ed Judy, Samaritan House, Denver.

The Speaker called the House to order at 9:00 a.m.

The roll was called with the following result:

Present--65.

The Speaker declared a quorum present.

_______________

On motion of Representative McKay, the reading of the journal of March 11, 1999, was dispensed with and approved as corrected by the Chief Clerk.

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REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

HB99-1319 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

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

"SECTION 10  35­50­108.5, Colorado Revised Statutes, is amended to read:

35­50­108.5.  Brucella ovis. Any ram found to be positive to the enzyme linked immuno­assay test or any other official test for brucella ovis shall be identified with a hot iron brand on the left jaw. The brand shall be a "Q" not less than two inches in height. In lieu of branding, the ram may be castrated. Reactor rams which have not been castrated shall be sold direct to slaughter, or they may move through a public livestock market on an official shipping permit to go direct to slaughter.

SECTION 20  35­50­123, Colorado Revised Statutes, is amended to read:

35­50­123.  Handling of condemned animals. Whenever any animal has been condemned as tuberculous by the state agricultural commission, or by any of its authorized deputies, or by a veterinarian licensed to practice in Colorado, or by a veterinarian of the United States department of agriculture working in cooperation with the state of Colorado, such animal shall be branded by burning a letter "T" not less than two inches in length on the left jaw TAILHEAD OVER THE FOURTH TO THE SEVENTH COCCYGEAL VERTEBRAE of such animal with a hot iron. The animal shall also be tagged with a suitable reactor tag furnished by the state agricultural commission. All such reacting animals shall be reported by the testing veterinarian to the state agricultural commission, accompanied by a description of the animal and tag number, together with the owner's name and address. The state agricultural commission shall keep a record of all such diseased animals until they are destroyed.".

Renumber succeeding sections accordingly.

Page 1, line 2, strike "(1),";

line 4, strike "THE FOLLOWING NEW SUBSECTIONS" and substitute "A NEW SUBSECTION".

Page 2, strike lines 2 through 6.

Page 4, line 19, strike "jaw," and substitute "jaw TAILHEAD OVER THE FOURTH TO THE SEVENTH COCCYGEAL VERTEBRAE,".

Page 5, line 11, strike "jaw" and substitute "jaw TAILHEAD OVER THE FOURTH TO THE SEVENTH COCCYGEAL VERTEBRAE";

strike lines 12 through 14 and substitute the following:

"official shipping permit. or may be branded with the letter "S" on the left jaw and moved to a quarantined feedlot for finish feeding and then for immediate slaughter.".

EDUCATION

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

SB99-073 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend reengrossed bill, page 2, line 1, strike "TO THE END";

line 2, strike "EDUCATION MAY BE PROVIDED," and substitute "EDUCATION.";

strike lines 3 through 6;

line 20, strike "CHARTER".

Page 3, line 16, strike "CHARTER".

Page 1, line 106, strike "CHARTER".

JUDICIARY

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

HB99-1221 be postponed indefinitely.

HB99-1230 be postponed indefinitely.

SB99-50 be referred to the Committee of the Whole with favorable recommendation.

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PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed: HB99-1334.

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1036, 1307; SB 99-191, 192, 193, 194, 195, 196, 197.

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DELIVERY OF BILLS TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bills have been delivered to the Office of the Governor: HB99-1036 and 1307 at 8:45 a.m. on March 12, 1999.

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INTRODUCTION OF BILL

First Reading

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

HB99-1334 by Representative Allen; also Senator Lacy--Concerning the exemption of forfeited recognizance bonds under the "Colorado Fair Debt Collection Practices Act".

Committee on Judiciary

_______________

On motion of Representative Dean, SB99-044, 046, HB99-1019, SB99­019, 168, 112, 069, 122, 155, 123, 200 shall be made Special Orders on Friday, March 12, 1999, at 9:23 a.m.

_______________

The hour of 9:23 a.m., having arrived, on motion of Representative King, 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.)

SB99-044 by Senator Teck; also Representatives Alexander, Berry--Concerning the distribution of vinous liquors at wine festivals pursuant to a wine festival permit.

Amendment No. 1, Business Affairs & Labor Report, dated February 25, 1999, and placed in member's bill file; Report also printed in House Journal, March 1, pages 648.

Amendment No. 2, by Representative Veiga.

Amend reengrossed bill, page 3, line 7, after the period, add "A WINE FESTIVAL PERMIT SHALL ENTITLE THE PERMITTEE TO HOLD NO MORE THAN SIX WINE FESTIVALS DURING A TWELVE­MONTH PERIOD.".

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

SB99-046 by Senator Epps; also Representative Morrison--Concerning the restructuring of the state board of nursing, and, in connection therewith, creating panels to investigate, adjudicate, and perform licensing functions.

Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated March 1, 1999, and placed in member's bill file; Report also printed in House Journal, March 2, page 660.

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

SB99-019 by Senator Tebedo; also Representative Pfiffner--Concerning the limited licensure of physicians affiliated with a Shriners hospital for children for the sole purpose of evaluation and treatment of patients of a Shriners hospital for children.

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

SB99-168 by Senators Martinez, Hernandez, Tanner; also Representative Tate--Concerning augmentation of Colorado employment discrimination laws by making harassment an unfair employment practice during the course of employment.

Amendment No. 1, Judiciary Report, dated March 2, 1999, and placed in member's bill file; Report also printed in House Journal, March 4, page 674.

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

SB99-112 by Senator Hernandez; also Representative Johnson--Concerning the regulation of dogs.

Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated March 3, 1999, and placed in member's bill file; Report also printed in House Journal, March 5, page 679.

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

SB99-069 by Senator Arnold; also Representative Johnson--Concerning requirements for health care coverage for business groups of one.

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

SB99-122 by Senator Chlouber; also Representative Young--Concerning the "Colorado Seed Act", and, in connection therewith, continuing the registration function of the commissioner of agriculture under such act.

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

HB99-1019 by Representatives Morrison, Alexander, Hagedorn, Johnson; also Senators Wham, Rupert--Concerning the creation of the Colorado health care task force, and, in connection therewith, abolishing the joint review committee for the medically indigent and the medical assistance reform advisory committee.

Amendment No. 1, Appropriations Report, dated March 5, 1999, and placed in member's bill file; Report also printed in House Journal, March 5, page 700.

Amendment No. 2, by Representative Morrison.

Strike the Health, Environment, Welfare, and Institutions Committee Report, dated January 13, 1999, and substitute the following:

"Amend printed bill, page 4, line 18, before "THE", insert "THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING,".

Page 5, line 26, strike "AND".

Page 6, line 2, strike "RESTRICTIONS." and substitute the following:

"RESTRICTIONS; AND

(D)  MEDICAL AND PATIENT RECORD CONFIDENTIALITY.".".

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

SB99-155 by Senator Blickensderfer; also Representative McPherson--Concerning the denial of unemployment benefits to employees locked out by an employer in a defensive lockout, and, in connection therewith, defining employees eligible to receive benefits in an offensive lockout.

Amendment No. 1, Business Affairs & Labor Report, dated March 4, 1999, and placed in member's bill file; Report also printed in House Journal, March 5, page 701.

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

SB99-123 by Senator Teck; also Representatives Lee, McElhany--Concerning the payment of insurance claims to third persons holding assignments from insureds under the personal injury protection portion of no fault auto insurance policies.

Amendment No. 1, Business Affairs & Labor Report, dated March 9, 1999, and placed in member's bill file; Report also printed in House Journal, March 10, pages 648-649.

Amendment No. 2, by Representative Tate.

Amend reengrossed bill, page 2, line 21, after "provider." insert "IN THE EVENT THAT THE INSURER FAILS TO MAKE TIMELY PAYMENT TO THE LICENSED HOSPITAL OR OTHER LICENSED HEALTH CARE PROVIDER HOLDING ASSIGNMENT, THE INSURER SHALL BE LIABLE TO THAT PROVIDER OR HOSPITAL FOR THE TOTAL AMOUNT DUE, PLUS THE SAME INTEREST AND COSTS TO WHICH THE INSURED MAY OTHERWISE BE ENTITLED.".

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

SB99-200 by Senators Wham, Grampsas, Arnold, Phillips; also Representatives Lawrence, Larson, Veiga--Concerning the prohibition on the Colorado school of mines' leasing property to social organizations.

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

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AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representatives Leyba, Bacon, Chavez, Clarke, Coleman, Gagliardi, Gordon, Grossman, Hagedorn, Keller, Mace, Miller, Plant, Ragsdale, Saliman, Takis, Tapia, Tate, Tochtrop, Tupa, Veiga, Vigil, S. Williams, Windels, and Zimmerman moved to amend the Report of the Committee of the Whole to show that the following Leyba amendment, to HB99­1019 did pass, and that HB99­1019, as amended, did pass.

Amend printed bill, page 3, line 13, after "REPRESENTATIVES", insert "THREE OF WHOM SHALL BE ";

strike lines 14 and 15, and substitute the following:

"BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.";

line 16, after "SENATE", insert "AND TWO OF WHOM SHALL BE";

strike lines 17 and 18, and substitute the following:

"OF THE SENATE AND TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER IN THE SENATE.".

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

YES 25 NO 40 EXCUSED 0 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb N

Grossman Y

Hagedorn Y


Hefley N

Hoppe N

Johnson N

Kaufman N

Keller Y

Kester N

King N

Larson N

Lawrence N

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson N


Miller Y

Mitchell N

Morrison N

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair N

Smith N

Spence N

Spradley N

Stengel N

Swenson N


Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool N

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams, S. Y

Williams, T. N

Windels Y

Witwer N

Young N

Zimmerman Y

Mr. Speaker N

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ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: SB99-044 amended, 046 amended, 019, 168 amended, 112 amended, 069, 122, HB99-1019 amended, 155 amended, 123 amended, 200.

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

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

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REPORTS OF COMMITTEES OF REFERENCE

APPROPRIATIONS

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

HB99-1046 be postponed indefinitely.

HB99-1184 be postponed indefinitely.

HB99-1203 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Health, Environment, Welfare, & Institutions Committee Report, dated February 1, 1999, page 2, strike lines 19 through 27, and substitute the following:

"SECTION 5. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".".

Page 3, strike lines 1 and 2.

HB99-1238 be referred to the Committee of the Whole with favorable recommendation.

HB99-1249 be referred to the Committee of the Whole with favorable recommendation.

HB99-1293 be referred to the Committee of the Whole with favorable recommendation.

HB99-1299 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Judiciary Committee Report, dated February 11, 1999, page 10, after line 31, insert the following:

"SECTION 10. Appropriation. In addition to any other appropriation, there is hereby appropriated, to the department of human services, division of children, youth and families, for the fiscal year beginning July 1, 1999, the sum of sixty thousand dollars ($60,000), or so much thereof as may be necessary, for the implementation of this act. Said amount shall be from gifts, grants, and donations received by the department of human services for the purpose of establishing the adoptive family resource registry.".

Renumber succeeding section accordingly.

Page 11, after line 3, insert the following:

"Page 1, line 103, strike "SERVICES." and substitute "SERVICES, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".".

HB99-1315 be postponed indefinitely.

BUSINESS AFFAIRS AND LABOR

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

HB99-1129 be referred to the Committee of the Whole with favorable recommendation.

HB99-1280 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.  24­68­102 (1) and (4), Colorado Revised Statutes, are amended, and the said 24­68­102 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

24­68­102.  Definitions. As used in this article, unless the context otherwise requires:

(1)  "Landowner" means any owner of a legal or equitable interest in real property, and includes the heirs, successors, and assigns of such ownership interests. "APPLICATION" MEANS A SUBSTANTIALLY COMPLETE APPLICATION FOR APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN THAT HAS BEEN SUBMITTED TO A LOCAL GOVERNMENT IN COMPLIANCE WITH APPLICABLE REQUIREMENTS ESTABLISHED BY THE LOCAL GOVERNMENT.

(1.5)  "LANDOWNER" MEANS ANY OWNER OF A LEGAL OR EQUITABLE INTEREST IN REAL PROPERTY, AND INCLUDES THE HEIRS, SUCCESSORS, AND ASSIGNS OF SUCH OWNERSHIP INTERESTS.

(4) (a)  "Site specific development plan" means a plan: which has been submitted to a local government by a landowner or his representative describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. Such plan may be in the form of, but need not be limited to, any of the following plans or approvals: A planned unit development plan, a subdivision plat, a specially planned area, a planned building group, a general submission plan, a preliminary or general development plan, a conditional or special use plan, a development agreement, or any other land use approval designation as may be utilized by a local government. What constitutes a site specific development plan under this article that would trigger a vested property right shall be finally determined by the local government either pursuant to ordinance or regulation or upon an agreement entered into by the local government and the landowner, and the document that triggers such vesting shall be so identified at the time of its approval. A variance shall not constitute a site specific development plan. "Site specific development plan" shall not include a sketch plan as defined in section 30­28­101 (8), C.R.S., or a preliminary plan as defined in section 30­28­101 (6), C.R.S.

(I)  THAT HAS BEEN SUBMITTED BY A LANDOWNER OR THE LANDOWNER'S REPRESENTATIVE DESCRIBING WITH REASONABLE SPECIFICITY THE TYPE AND INTENSITY OF USE, INCLUDING SUBDIVISION AND THE GENERAL LOCATION OF BUILDINGS AND OTHER SIGNIFICANT IMPROVEMENTS, THAT THE LANDOWNER PROPOSES FOR A SPECIFIC PARCEL OR PARCELS OF PROPERTY;

(II)  THE APPROVAL OF WHICH REQUIRES A PUBLIC HEARING; AND

(III)  THAT, UNDER THE LAWS AND REGULATIONS OF THE LOCAL GOVERNMENT, IS A PREREQUISITE TO OBTAINING A BUILDING PERMIT.

(b)  A SITE SPECIFIC DEVELOPMENT PLAN MAY INCLUDE A DESCRIPTION OF ALL PROPOSED BUILDINGS, ROADS, AND PARKING AREAS AND MAY CONSIST OF:

(I)  A PRELIMINARY DEVELOPMENT PLAN, PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN, OR OTHER SIMILAR PLAN ESTABLISHED BY LOCAL ORDINANCES OR REGULATIONS;

(II)  SITE LAYOUTS;

(III)  LEGAL DESCRIPTIONS;

(IV)  PRELIMINARY UTILITY STUDIES;

(V)  PRELIMINARY GRADING PLANS;

(VI)  PRELIMINARY PLANS AS DEFINED IN SECTION 30­28­101 (6), C.R.S., OR SIMILAR PLANS;

(VII)  PRELIMINARY DRAINAGE PLANS OR STUDIES;

(VIII)  ARCHITECTURAL CONCEPTS OR SKETCHES;

(IX)  A ZONING CLASSIFICATION; AND

(X)  EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (c) OF THIS SUBSECTION (4), ANY OTHER PLANS, DESCRIPTIONS, OR DOCUMENTS NECESSARY TO DESCRIBE THE PROPOSED USE OR DEVELOPMENT WITH REASONABLE SPECIFICITY.

(c)  "SITE SPECIFIC DEVELOPMENT PLAN" DOES NOT INCLUDE ANY OF THE FOLLOWING:

(I)  A SKETCH PLAN AS DEFINED IN SECTION 30­28­101 (8), C.R.S.;

(II)  A FINAL SUBDIVISION PLAT;

(III)  A FINAL ARCHITECTURAL PLAN;

(IV)  PUBLIC UTILITY FILINGS;

(V)  FINAL CONSTRUCTION DRAWINGS AND RELATED DOCUMENTS SPECIFYING MATERIALS AND METHODS FOR CONSTRUCTION OF IMPROVEMENTS;

(VI)  A VARIANCE;

(VII)  A BUSINESS LICENSE;

(VIII)  A FRANCHISE;

(IX)  A FLOODWAY OR FLOODPLAIN PERMIT;

(X)  A TEMPORARY OR CONDITIONAL USE PERMIT;

(XI)  A COMPREHENSIVE MASTER PLAN ELEMENT;

(XII)  A DESIGNATION OF AN AREA OF STATE INTEREST PURSUANT TO ARTICLE 65.1 OF THIS TITLE;

(XIII)  THE CREATION OF A LOCAL IMPROVEMENT DISTRICT PURSUANT TO PART 6 OF ARTICLE 20 OF TITLE 30, C.R.S.; OR

(XIV)  THE CREATION OF A SPECIAL IMPROVEMENT DISTRICT PURSUANT TO PART 5 OF ARTICLE 25 OF TITLE 31, C.R.S.

SECTION 2.  Article 68 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

24­68­102.5.  Applications ­ approval by local government. (1)  EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2) OF THIS SECTION, AN APPLICATION FOR APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN AS WELL AS THE APPROVAL, CONDITIONAL APPROVAL, OR DENIAL OF APPROVAL OF THE PLAN SHALL BE GOVERNED ONLY BY THE DULY ADOPTED LAWS AND REGULATIONS IN EFFECT AT THE TIME THE APPLICATION IS SUBMITTED TO A LOCAL GOVERNMENT. FOR PURPOSES OF THIS SECTION, "LAWS AND REGULATIONS" INCLUDES ANY ZONING LAW OF GENERAL APPLICABILITY ADOPTED BY A LOCAL GOVERNMENT AS WELL AS ANY ZONING OR DEVELOPMENT REGULATIONS THAT HAVE PREVIOUSLY BEEN ADOPTED FOR THE PARTICULAR PARCEL DESCRIBED IN THE PLAN AND THAT REMAIN IN EFFECT AT THE TIME OF THE APPLICATION FOR APPROVAL OF THE PLAN.

(2)  NOTWITHSTANDING THE LIMITATIONS CONTAINED IN SUBSECTION (1) OF THIS SECTION, A LOCAL GOVERNMENT MAY ADOPT A NEW OR AMENDED LAW OR REGULATION WHEN NECESSARY FOR THE IMMEDIATE PRESERVATION OF PUBLIC HEALTH AND SAFETY AND MAY ENFORCE SUCH LAW OR REGULATION IN RELATION TO APPLICATIONS PENDING AT THE TIME SUCH LAW OR REGULATION IS ADOPTED.

SECTION 3.  24­68­103, Colorado Revised Statutes, is amended to read:

24­68­103.  Vested property right ­ establishment ­ waiver. (1) (a)  EACH LOCAL GOVERNMENT SHALL SPECIFICALLY IDENTIFY, BY ORDINANCE OR RESOLUTION, THE TYPE OR TYPES OF SITE SPECIFIC DEVELOPMENT PLAN APPROVALS WITHIN THE LOCAL GOVERNMENT'S JURISDICTION THAT WILL CAUSE PROPERTY RIGHTS TO VEST AS PROVIDED IN THIS ARTICLE. ANY SUCH ORDINANCE OR RESOLUTION SHALL BE CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE. IN THE ABSENCE OF SUCH ORDINANCE OR RESOLUTION, PROPERTY RIGHTS SHALL VEST AUTOMATICALLY UPON THE APPROVAL OF ANY FORM OF SITE SPECIFIC DEVELOPMENT PLAN DESCRIBED IN THIS ARTICLE.

(b)  A vested property right shall be deemed established with respect to any property upon the approval, or conditional approval, of a site specific development plan, following notice and public hearing, by the local government in which the property is situated. EARLIEST TO OCCUR OF ANY OF THE FOLLOWING:

(I)  APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN;

(II)  THE LANDOWNER'S PAYMENT OF MONEY OR OTHER CONSIDERATION, OTHER THAN REASONABLE APPLICATION FEES, TO THE LOCAL GOVERNMENT AS A REQUIREMENT OF LAW OR CONDITION TO THE APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN;

(III)  THE LANDOWNER'S DEDICATION, CONVEYANCE, OR TRANSFER TO THE LOCAL GOVERNMENT OF ANY LAND OR OTHER PROPERTY AS A REQUIREMENT OF LAW OR CONDITION TO THE APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN;

(IV)  THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE LANDOWNER AND A LOCAL GOVERNMENT VESTING A SITE SPECIFIC DEVELOPMENT PLAN; OR

(V)  THE RECEIPT BY A LOCAL GOVERNMENT FROM THE LANDOWNER OR THE LANDOWNER'S AGENT, PURSUANT TO A REQUEST BY THE LOCAL GOVERNMENT, OF ANY BOND, LETTER OF CREDIT, OR CASH OR OTHER SECURITY AS TO WHICH THE LOCAL GOVERNMENT IS A BENEFICIARY FOR THE PURPOSE OF INSURING THE CONSTRUCTION OF PUBLIC IMPROVEMENTS OR OTHER IMPROVEMENTS REQUIRED BY THE LOCAL GOVERNMENT.

(c)  Such vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan including any amendments thereto. A local government may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such conditional approval shall result in a vested property right; although EXCEPT THAT SUCH RIGHT IS SUBJECT TO FORFEITURE UPON THE LANDOWNER'S failure to SUBSTANTIALLY abide by such THE SPECIFIED terms and conditions. will result in a forfeiture of vested property rights. A site specific development plan shall be deemed approved upon the effective date of the local government legal action, resolution, or ordinance relating thereto. Such approval shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication, in a newspaper of general circulation within the jurisdiction of the local government granting the approval, of a notice advising the general public of the site specific development plan approval and creation of a vested property right pursuant to this article. Such publication shall occur no later than fourteen days following approval.

(2)  Zoning that is not part of a site specific development plan shall not result in the creation of vested property rights.

(3)  A LOCAL GOVERNMENT SHALL NOT REQUIRE A LANDOWNER TO WAIVE A VESTED PROPERTY RIGHT AS A CONDITION OF RECEIVING APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN.

(4)  APPROVAL BY A LOCAL GOVERNMENT OF A SITE SPECIFIC DEVELOPMENT PLAN SUPERSEDES ANY PREVIOUSLY APPROVED SITE SPECIFIC DEVELOPMENT PLAN FOR THE SUBJECT PROPERTY AND CREATES A NEW VESTED PROPERTY RIGHT.

SECTION 4.  24­68­104, Colorado Revised Statutes, is amended to read:

24­68­104.  Vested property right ­ duration ­ termination. (1)  A property right which has been vested as provided for in this article shall remain vested for a period of three years. This vesting period shall not be extended by any amendments to a site specific development plan unless expressly authorized by the local government. THE RIGHT TO PROCEED WITH DEVELOPMENT IN ACCORDANCE WITH A SITE SPECIFIC DEVELOPMENT PLAN SHALL REMAIN VESTED FOR THREE YEARS AFTER APPROVAL OF THE SITE SPECIFIC DEVELOPMENT PLAN.

(2)  Notwithstanding the provisions of subsection (1) of this section, local governments are hereby authorized to enter into development agreements with landowners providing that property rights shall be vested for a period exceeding three years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles, and market conditions. Such development agreements shall be adopted as legislative acts subject to referendum.

(3)  Following approval or conditional approval of a site specific development plan, nothing in this article shall exempt such a plan from subsequent reviews and approvals by the local government to ensure compliance with the terms and conditions of the original approval, if such reviews and approvals are not inconsistent with said original approval.

(4)  A VESTED PROPERTY RIGHT TERMINATES AT THE END OF THE PERIOD SPECIFIED UNDER SUBSECTION (1) OF THIS SECTION UNLESS EXTENDED BY THE LOCAL GOVERNMENT. AN UNEXPIRED BUILDING PERMIT ISSUED FOR PROPERTY SUBJECT TO A VESTED PROPERTY RIGHT SHALL NOT EXPIRE OR BE REVOKED DUE TO THE EXPIRATION OF A VESTED PROPERTY RIGHT.

SECTION 5.  The introductory portion to 24­68­105 (1) and 24­68­105 (1) (c) and (2), Colorado Revised Statutes, are amended to read:

24­68­105.  Subsequent regulation prohibited ­ exceptions. (1)  A vested property right, once established as provided in this article, precludes IS NOT SUBJECT TO any zoning ACTION or CLASSIFICATION, land use action, BUILDING PERMIT LIMITATION, OR OTHER MORATORIUM OR LIMITATION ON PERMITS OR APPROVALS by a local government or pursuant to an initiated measure which THAT TAKES EFFECT AFTER SUBMISSION OF THE APPLICATION FOR APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN AND THAT would alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of the property as set forth in a THE site specific development plan OR IMPOSE A MORATORIUM OR LIMITATION ON DEVELOPMENT, except:

(c)  To the extent that the affected landowner receives just compensation for EQUAL TO THE AMOUNT THE LANDOWNER EXPENDED IN OBTAINING THE VESTED PROPERTY RIGHT AND IN REASONABLE RELIANCE ON THE EXISTENCE OF THE VESTED PROPERTY RIGHT, INCLUDING, BUT NOT LIMITED TO, all costs, expenses, and liabilities incurred by the landowner after approval by the governmental entity, including, but not limited to, costs incurred in preparing the site for development consistent with the site specific development plan, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultants' fees, together with interest thereon at the legal rate until paid. Just compensation shall not include PROSPECTIVE BUSINESS LOSSES OR any diminution in the value of the property which is caused by such action.

(2)  The establishment of a vested property right shall not preclude the application of ordinances or regulations which THAT are general in nature and are applicable to all property subject to land use regulation by a local government, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes AND SIMILAR REGULATIONS THAT PROMOTE AND PROTECT THE HEALTH AND SAFETY OF THE PUBLIC.

SECTION 6.  Article 68 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

24­68­105.5.  Injunctions ­ attorney fees. (1)  IF VESTED PROPERTY RIGHTS ARE IMPAIRED BY A LOCAL GOVERNMENT IN CONTRAVENTION OF SECTION 24­68­105 (1), THE LANDOWNER SHALL BE ENTITLED TO CLAIM COMPENSATION PURSUANT TO SECTION 24­68­105 (1) (c) OR TO SEEK AN INJUNCTION OR OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION TO PREVENT SUCH IMPAIRMENT; EXCEPT THAT SUCH INJUNCTION OR OTHER EQUITABLE RELIEF SHALL NOT BE GRANTED IF THE COURT FINDS THAT SUCH RELIEF WOULD NECESSARILY CREATE AN IMMINENT RISK OF HARM TO THE PUBLIC HEALTH OR SAFETY.

(2)  ANY ALLEGED VIOLATION OF SECTION 24­68­102.5 SHALL BE SUBJECT TO JUDICIAL REVIEW BY DISTRICT COURT IN ACCORDANCE WITH RULE 106(a)(4) OF THE COLORADO RULES OF CIVIL PROCEDURE.

(3)  IN ANY ACTION OR PROCEEDING UNDER THIS ARTICLE, INCLUDING, WITHOUT LIMITATION, AN ACTION OR PROCEEDING TO ENFORCE VESTED PROPERTY RIGHTS, THE SUBSTANTIALLY PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEY FEES AND COSTS FROM AN ADVERSE PARTY.

SECTION 7.  24­68­106 (2) and (4), Colorado Revised Statutes, are amended, and the said 24­68­106 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

24­68­106.  Miscellaneous provisions. (2)  A vested property right arising while one local government has jurisdiction over all or part of the property included within a site specific development plan shall be effective against any other local government which THAT may subsequently obtain or assert jurisdiction over such property. A VESTED PROPERTY RIGHT PREVIOUSLY ESTABLISHED SHALL NOT BE IMPAIRED BY A SUBSEQUENT STATUTE ADOPTED WITHIN THE JURISDICTION IN WHICH THE PROPERTY IS SITUATED.

(4)  This article shall apply only to APPLICATIONS FOR APPROVAL OF site specific development plans approved SUBMITTED on or after January 1, 1988 SEPTEMBER 1, 1999, AND TO APPROVALS GRANTED ON OR AFTER SAID DATE.

(5)  THIS ARTICLE SHALL NOT BE CONSTRUED TO PROHIBIT A LOCAL GOVERNMENT FROM ESTABLISHING VESTED PROPERTY RIGHTS IN ADDITION TO THOSE ESTABLISHED PURSUANT TO THIS ARTICLE.

SECTION 8.  31­11­106 (3) (b), Colorado Revised Statutes, is amended to read:

31­11­106.  Form of petition sections. (3) (b) (I)  A summary of the proposed initiative or ordinance that is the subject of a referendum petition shall be printed following the warning on each page of a petition section. The summary shall be true and impartial and shall not be an argument, or likely to create prejudice, either for or against the measure. The summary shall be prepared by the clerk.

(II)  IN THE CASE OF AN INITIATIVE OR ORDINANCE CONCERNING THE ZONING, DEVELOPMENT, OR SUBDIVISION OF PRIVATE LAND, THE SUMMARY SHALL CONTAIN A STATEMENT OF THE REASONABLY ANTICIPATED COST OF REIMBURSING THE LANDOWNER FOR EXPENSES AS REQUIRED BY SECTION 24­68­105 (1) (c), C.R.S.

SECTION 9.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

TRANSPORTATION AND ENERGY

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

SB99-088 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 1, strike line 2 and substitute the following:

"SECTION 1.  42­4­1012 (1) and (2.5) (a) (II) (A), Colorado Revised Statutes, are".

Page 3, strike lines 10 through 20 and substitute the following:

"PURSUANT TO SECTION 43­1­219, C.R.S., FOR EXCLUSIVE USE IN THE CORRIDOR WHERE THE HIGH OCCUPANCY TOLL LANE IS LOCATED INCLUDING FOR MAINTENANCE AND ENFORCEMENT PURPOSES IN THE HIGH OCCUPANCY TOLL LANE AND FOR OTHER TRAFFIC CONGESTION RELIEVING OPTIONS INCLUDING TRANSIT, AND SUCH REVENUE MAY BE SHARED WITH ANY AGENCY FOR SUCH PURPOSES.

(IV)  THE DEPARTMENT SHALL STRUCTURE A VARIABLE TOLL OR FEE TO ENSURE A LEVEL OF SERVICE C AND UNRESTRICTED ACCESS TO THE LANES AT ALL TIMES BY ELIGIBLE VEHICLES, INCLUDING BUSES, CARPOOLS, AND LOW EMISSION VEHICLES.".

Renumber succeeding subparagraph accordingly.

Page 3, line 23, after "LOSS", insert "OR REFUND";

line 24, strike "PAYABLE OR AVAILABLE" and substitute "PAYABLE, AVAILABLE, OR PAID".

Page 4, after line 6, insert the following:

"(2.5) (a) (II)  As used in this subsection (2.5), "inherently low­emission vehicle" or "ILEV" means:

(A)  A light­duty vehicle or light­duty truck, REGARDLESS OF WHETHER SUCH VEHICLE OR TRUCK IS PART OF A MOTOR VEHICLE FLEET, that has been certified by the federal environmental protection agency as conforming to the ILEV guidelines, procedures, and standards as published in the federal register at 58 FR 11888 (March 1, 1993) and 59 FR 50042 (September 30, 1994), as amended from time to time; and".

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MEMORANDUM

REPORT FROM THE HOUSE AND SENATE

COMMITTEES ON DELAYED BILLS

Pursuant to Joint Rule 23 (c), the House and Senate Committees on Delayed Bills, acting jointly, extend the following deadline for House Bill 99-1209, Concerning the Financing of Public Schools and Making an Appropriation in Connection Therewith:

The Friday, March 12 deadline (the 66th legislative day) for final passage, including any conference committee report, for any bill prescribing all or a substantial portion of the total funding for public schools pursuant to the "Public School Finance Act of 1994", article 54 of title 22, Colorado Revised Statutes, is extended until Tuesday, March 16, 1999 (the 70th legislative day).

This memorandum shall be printed in the journal of each house as is required by said Joint Rule 23(c).

(signed) (signed)

Russell George Ray Powers

Doug Dean Tom Blickensderfer

Ken Gordon Bill Thiebaut

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1123, 1173; SB99-131.

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DELIVERY OF BILLS TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bills have been delivered to the Office of the Governor: HB99-1123, 1173 at 11:00 a.m. on March 12, 1999.

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MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and returns herewith: HJR99-1013.

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INTRODUCTION OF BILL

First Reading

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

HB99-1335 by Representatives Swenson, Hagedorn; also Senators Lacy, Powers--Concerning financial incentives for the development of biotechnological activity in Colorado, and, in connection therewith, refunding state revenues in excess of the constitutional limitation on state fiscal year spending by means of a refund of state sales and use tax paid in connection with tangible personal property to be used in Colorado for biotechnological purposes, and making an appropriation therefor.

Committee on Finance

Committee on Appropriations

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LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until March 15, retaining place on Calendar:

Consideration of General Orders--HCR99-1001, HB99-1194, 1206, 1316, 1003, 1015, 1016, 1207, SB99-039, HB99-1125, 1246, SB99-109, 022, HB99-1317, 1314, SB99-136, HB99-1001, 1011, 1126, 1311, 1312, SB99- 025, 028, 072, 063, 129, HB99-1009, 1271, 1110, SB99-052, 014, 140, 070, 170, 021, 074, 142, 172.

Consideration of Senate Amendments--HB99-1017, 1048, 1026, 1114, 1160, 1191, 1215, 1072, 1075, 1134, 1143, 1147, 1269.

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On motion of Representative Dean, the House adjourned until 10:00 a.m., March 15, 1999.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk