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HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY

STATE OF COLORADO

First Regular Session

Seventy-third Legislative Day Friday, March 19, 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--63.

Absent and excused--Representatives Hefley--1.

Absent and excused for legislative business--Representative Johnson--1.

The Speaker declared a quorum present.

_______________

On motion of Representative Mitchell, the reading of the journal of March 18, 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:

HB99-1050 be postponed indefinitely.

HB99-1320 be postponed indefinitely.

SB99-043 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 2, strike "SHALL" and substitute "MAY";

strike lines 5 through 10 and substitute the following:

"A PRIVATE OR PUBLIC NUISANCE. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS RESTRICTING, SUPERSEDING, ABROGATING, OR CONTRAVENING IN ANY WAY THE PROVISIONS OF SECTIONS 25-7-138 (5), C.R.S, AND 25-8-501.1 (8), C.R.S.".

SB99-137 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 10 through 14, and substitute the following:

"ANIMAL SHELTER" MEANS A PUBLIC OR PRIVATE FACILITY LICENSED PURSUANT TO THIS ARTICLE AND THE RULES AND REGULATIONS ADOPTED PURSUANT THERETO.".

Page 3, line 8, strike "THREE" and substitute "A MINIMUM OF FIVE";

strike line 9 and substitute "BEFORE IT MAY BECOME AVAILABLE FOR ADOPTION OR OTHERWISE DISPOSED";

line 10, strike "BY AND";

line 11, strike "THREE-DAY" and substitute "FIVE-DAY";

strike line 23 and substitute "EUTHANASIA AFTER EXHAUSTING REASONABLE EFFORTS TO CONTACT THE OWNER.";

line 25, strike "THREE-DAY" and substitute "FIVE-DAY".

Page 4, after line 5, insert the following:

"(3)  NOTHING IN THIS SECTION SHALL PRECLUDE A TOWN, CITY, CITY AND COUNTY, OR COUNTY FROM ADOPTING, MAINTAINING, OR ENFORCING AN ORDINANCE THAT EXCEEDS THE FIVE-DAY MINIMUM HOLDING PERIOD AS SET FORTH IN SUBSECTION (1) OF THIS SECTION. NOTHING IN THIS SECTION SHALL PRECLUDE A LICENSED ANIMAL SHELTER, WHETHER PUBLIC OR PRIVATE, FROM ADOPTING, MAINTAINING, OR FOLLOWING A POLICY THAT EXCEEDS THE FIVE-DAY MINIMUM HOLDING PERIOD AS SET FORTH IN SUBSECTION (1) OF THIS SECTION.".

SB99-201 be referred to the Committee of the Whole with favorable recommendation.

FINANCE

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

HB99-1321 be postponed indefinitely.

HB99-1335 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 3, strike " " and substitute "1335".

Page 6, strike lines 25 and 26 and substitute the following:

"SECTION 4.  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 7, strike lines 1 through 4.

SB99-035 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 6, line 8, strike "TAKING REPRESENTATIVE SAMPLES OF";

line 9, strike "THE PRODUCT AND".

Page 11, after line 17, insert the following:

"SECTION 15.  24­32­1904 (1) (a), Colorado Revised Statutes, is amended to read:

24­32­1904.  Certification of factory­built nonresidential structures. (1) (a)  EXCEPT AS PROVIDED IN SECTION 24­32­709 (7), factory­built nonresidential structures manufactured after the effective date of the rules and regulations promulgated by the board pursuant to this part 19, which are manufactured, sold, or offered for sale within this state, shall bear the insignia of approval issued by the division.".

Renumber succeeding sections accordingly.

SB99-073 be postponed indefinitely.

JUDICIARY

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

SB99-119 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 9, line 2, strike "THROUGHOUT" and substitute "AND UNDER SEAL OF COURT.";

strike line 3.

Page 15, after line 22, insert the following:

"SECTION 12.  Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17­1­130.  Appropriation to comply with section 2­2­703. (1)  PURSUANT TO SECTION 2­2­703, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT SB 99-119, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­SECOND GENERAL ASSEMBLY:

(a)   FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF ONE HUNDRED THIRTY-EIGHT THOUSAND NINE HUNDRED THIRTY-FOUR DOLLARS ($138,934).

(b) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF ONE HUNDRED THIRTY-EIGHT THOUSAND NINE HUNDRED THIRTY-FOUR DOLLARS ($138,934).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF FORTY-EIGHT THOUSAND TWO HUNDRED TEN DOLLARS ($48,210).

(c) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF ONE HUNDRED THIRTY-EIGHT THOUSAND NINE HUNDRED THIRTY-FOUR DOLLARS ($138,934).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF NINETY-SIX THOUSAND FOUR HUNDRED TWENTY DOLLARS ($96,420).

(d) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF ONE HUNDRED THIRTY-EIGHT THOUSAND NINE HUNDRED THIRTY-FOUR DOLLARS ($138,934).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF ONE HUNDRED FORTY-FOUR THOUSAND SIX HUNDRED THIRTY DOLLARS ($144,630).

(e) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2003, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF ONE HUNDRED THIRTY-EIGHT THOUSAND NINE HUNDRED THIRTY-FOUR DOLLARS ($138,934).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2003, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF ONE HUNDRED NINETY-TWO THOUSAND EIGHT HUNDRED FORTY DOLLARS ($192,840).".

Renumber succeeding section accordingly.

Page 1, line 102, strike "BEHAVIOR." and substitute "BEHAVIOR, AND MAKING AN APPROPRIATION THEREFOR.".

_______________

On motion of Representative Dean, SB99-172, HB99-1316, 1280 shall be made Special Orders on Friday, March 19, 1999, at 9:20 a.m.

_______________

The hour of 9:20 a.m., having arrived, on motion of Representative Kaufman, 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.

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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.)

SB99-172 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman-Concerning the creation of the tobacco litigation settlement fund.

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

HB99-1316 by Representatives Dean, Young, Taylor; also Senator Chlouber--Concerning weapons.

Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated February 25, 1999, and placed in member's bill file; Report also printed in House Journal, February 26, pages 630-633.

The Agriculture, Livestock, & Natural Resources Report, dated February 25, 1999, was adopted as follows:

Page 1, lines 1 through 12, declared passed;

lines 13 and 14, declared lost;

lines 15 through 18, declared passed;

Pages 2 through 5, declared passed.

Amendment No. 2, by Representative Dean.

Amend the Agriculture, Livestock, & Natural Resources Committee Report, dated February 25, 1999, page 1, strike lines 4 through 8 and substitute the following:

"DENY, REVOKE, OR REFUSE TO RENEW A PERMIT IF THE SHERIFF HAS EVIDENCE OF PREVIOUS BEHAVIOR BY THE APPLICANT, DOCUMENTED IN EXISTING LAW ENFORCEMENT RECORDS, THAT DEMONSTRATES PROBABLE CAUSE FOR AN ARREST FOR COMMISSION OF ANY OF THE CRIMINAL ACTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION OR PROVIDES A BASIS FOR JUDICIAL ACTION WITH REGARD TO ANY OF THE PRECLUSIONS SPECIFIED IN SUBSECTION (1) OF THIS SECTION.";";

line 10, strike "THE" and substitute "THERE IS EVIDENCE OF OTHER BEHAVIOR AS DESCRIBED IN SUBSECTION (2) OF";

strike line 11;

strike line 16 and substitute the following:

"WHETHER THERE IS EVIDENCE OF OTHER BEHAVIOR AS DESCRIBED IN".

Page 2, line 1, strike "THE APPLICANT WOULD" and substitute "THERE IS EVIDENCE OF OTHER BEHAVIOR AS DESCRIBED IN SECTION 18­12­203 (2).";";

strike line 2;

line 12, strike "THE" and substitute "THERE IS EVIDENCE OF OTHER BEHAVIOR AS PROVIDED IN SECTION";

strike line 13.

Amendment No. 3, by Representative Dean.

Amend the Agriculture, Livestock, & Natural Resources Committee Report, dated February 25, 1999, page 2, strike lines 4 through 11 and substitute the following:

""STATING THE GROUNDS FOR DENIAL AND INFORMING THE APPLICANT OF THE PROCEDURE FOR APPEAL OF THE DENIAL.

(2) (a)  ANY APPLICANT WHO SEEKS REVIEW OF A PERMIT DENIAL SHALL INITIALLY REQUEST A REVIEW BY THE SHERIFF WHO DENIED THE PERMIT. THE APPLICANT SHALL SUBMIT A WRITTEN REQUEST FOR REVIEW TO THE SHERIFF WITHIN FORTY­FIVE DAYS AFTER THE APPLICANT RECEIVED NOTICE OF DENIAL. THE APPLICANT MAY APPLY FOR AN EXTENSION OF THE TIME TO REQUEST REVIEW BASED ON GOOD CAUSE SHOWN.

(b)  EACH SHERIFF SHALL ADOPT PROCEDURES UNDER WHICH THE SHERIFF, AND NOT A DESIGNEE, REVIEWS A PERMIT DENIAL. THE APPLICANT SHALL COMPLY WITH THE REVIEW PROCEDURES ADOPTED BY THE SHERIFF PRIOR TO SEEKING JUDICIAL REVIEW OF THE PERMIT DENIAL.

(c)  IF, AFTER REVIEW, THE SHERIFF AGAIN DENIES THE PERMIT, THE APPLICANT MAY SEEK JUDICIAL REVIEW OF THE PERMIT DENIAL. IF, FOLLOWING JUDICIAL REVIEW, THE COURT FINDS THAT THE SHERIFF HAS BEEN UNREASONABLE OR HAS NOT COMPLIED WITH THE REQUIREMENTS OF THIS PART 2 AND ORDERS THE SHERIFF TO ISSUE THE PERMIT, THE COURT MAY ALSO ORDER THE SHERIFF TO PAY ALL REASONABLE LEGAL COSTS, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES, INCURRED BY THE APPLICANT IN SEEKING JUDICIAL REVIEW.".".

Amendment No. 4, by Representative Dean.

Amend the Agriculture, Livestock, & Natural Resources Committee Report, dated February 25, 1999, page 3, line 21, after the period, add "ANY SUCH SUIT MAY BE BROUGHT ONLY AFTER SPECIFIC AUTHORIZATION BY RESOLUTION PASSED BY THE GENERAL ASSEMBLY.";

line 23, after "PROHIBIT", insert "THE STATE OR";

line 26, after "THE", insert "STATE OR THE";

line 27, after the period, add "A SUIT BROUGHT BY THE STATE PURSUANT TO THIS SUBSECTION (2) SHALL NOT REQUIRE THE PRIOR AUTHORIZATION OF THE GENERAL ASSEMBLY.".

Amendment No. 5, by Representative Dean.

Amend printed bill, page 6, line 12, after "FOR", insert "OR IS OTHERWISE CHARGED AS PROVIDED IN SECTION 16­5­101, C.R.S., OR AS PROVIDED IN SIMILAR LAWS OF ANOTHER STATE, WITH".

Amendment No. 6, by Representative Dean.

Amend printed bill, page 5, line 22, strike "SEPTEMBER" and substitute "JULY".

Amendment No. 7, by Representative Dean.

Amend printed bill, page 10, line 18, strike "NAME AND ADDRESS;" and substitute "NAME, DATE OF BIRTH, AND ADDRESS;".

Amendment No. 8, by Representative Dean.

Amend printed bill, page 13, line 9, before "IDENTIFYING", insert "PERSONALLY";

line 12, after the period, add "THE SHERIFF, UPON REQUEST, SHALL MAKE AVAILABLE NONIDENTIFYING STATISTICAL INFORMATION CONCERNING THE ISSUANCE OF PERMITS.".

Amendment No. 9, by Representative Dean.

Amend printed bill, page 6, strike lines 8 and 9 and substitute the following:

"THE PROVISIONS OF 18 U.S.C. SEC. 922 (g) OR (n), WHICH PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO POSSESS A FIREARM IF THE PERSON:".

Page 7, line 16, strike "VIOLENCE;" and substitute "VIOLENCE; EXCEPT THAT AN APPLICANT SHALL NOT BE DEEMED INELIGIBLE TO POSSESS A FIREARM IF 18 U.S.C. SEC. 922 (g) (9) IS REPEALED;".

Amendment No. 10, by Representative Morrison.

Amend printed bill, page 6, line 18, strike "A MENTAL DEFECTIVE" and substitute "AN INCAPACITATED PERSON PURSUANT TO PART 3 OF ARTICLE 14 OF TITLE 15, C.R.S., FOR REASONS OF MENTAL ILLNESS OR MENTAL DEFICIENCY OR ON SIMILAR GROUNDS UNDER THE LAWS OF ANOTHER JURISDICTION".

Amendment No. 11, by Representative Clapp.

Amend printed bill, page 7, line 26, strike "TEN­YEAR" and substitute "FOUR­YEAR".

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 (HB99-1280) was laid over until March 22, retaining place on Calendar.

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AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative Gordon moved to amend the Report of the Committee of the Whole to show that the following Gordon amendment, (L.071) to HB99­1316, did pass, and that HB99­1316, as amended, did pass.

Amend the Agriculture, Livestock, & Natural Resources Committee Report, dated February 25, 1999, page 4, line 21, after "LAW,", insert "EXCEPT AS SPECIFICALLY AUTHORIZED IN SUBSECTION (3) OF THIS SECTION,";

afer line 32, insert the following:

"(3) (a)  A MUNICIPALITY, COUNTY, OR CITY AND COUNTY MAY ADOPT A RESOLUTION OR ORDINANCE TO RESTRICT A PERSON'S ABILITY TO OWN, POSSESS, CARRY, USE, OR TRANSFER AN ASSAULT WEAPON.

(b)  FOR PURPOSES OF THIS SUBSECTION (3), "ASSAULT WEAPON" MEANS A SEMIAUTOMATIC ACTION, CENTERFIRE RIFLE WITH A DETACHABLE MAGAZINE WITH A CAPACITY OF AT LEAST TWENTY­ONE ROUNDS, A SEMIAUTOMATIC SHOTGUN WITH EITHER A FOLDING STOCK OR A MAGAZINE CAPACITY OF MORE THAN SIX ROUNDS OR BOTH, ANY SEMIAUTOMATIC PISTOL THAT IS A MODIFICATION OF A RIFLE HAVING THE SAME MAKE, CALIBER, AND ACTION DESIGN BUT WITH A SHORTER BARREL AND NO REAR STOCK, AND ANY MODIFIED AUTOMATIC WEAPON THAT WAS ORIGINALLY DESIGNED TO ACCEPT MAGAZINES WITH A CAPACITY OF AT LEAST TWENTY­ONE ROUNDS. "ASSAULT WEAPON" ALSO INCLUDES ANY FIREARM THAT HAS BEEN MODIFIED TO MEET THE DEFINITION OF AN "ASSAULT WEAPON" AS SPECIFIED IN THIS PARAGRAPH (b).";

line 33, strike "(3)" and substitute "(4)".

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

YES 22 NO 41 EXCUSED 2 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 N		Hefley E Hoppe N Johnson E 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 N 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 N 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

Representative Gordon moved to amend the Report of the Committee of the Whole to show that the following Grossman amendment, (L.030) to HB99­1316, did pass, and that HB99­1316, as amended, did pass.

Amend the Agriculture, Livestock, & Natural Resources Committee Report, dated February 25, 1999, page 2, strike lines 17 through 30.

Page 3, strike lines 28 through 32.

Strike page 4.

Page 5, strike lines 1 through 4.

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

YES 20 NO 43 EXCUSED 2 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 N Gordon YGotlieb Y Grossman Y Hagedorn N		Hefley E Hoppe N Johnson E 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 N 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 N Tool N Tupa Y Veiga Y Vigil N Webster N Williams, S. N Williams, T. N Windels Y Witwer N Young N Zimmerman Y
						Mr. Speaker N

Representative Gordon moved to amend the Report of the Committee of the Whole to show that Amendment No. 2, by Representative Dean, (L.083 printed in House Journal page 840, lines 1-33) to HB99­1316, did not pass, that the following Hagedorn amendment, (L.088) to HB99-1316, did pass, and that HB99­1316, as amended, did pass.

Amend the Agriculture, Livestock, & Natural Resources Committee Report, dated February 25, 1999, page 1, line 1, strike "page 8, after line 12," and substitute "page 7, after line 16,";

after line 1 of the committee report, insert the following:

""(e)  IS NOT SUBJECT TO A TEMPORARY RESTRAINING ORDER TO PREVENT DOMESTIC ABUSE ISSUED PURSUANT TO SECTION 14­4­102, C.R.S.;".

Reletter succeeding paragraphs accordingly.

Page 8, after line 12, insert the following:";

before line 15 of the committee report, insert the following:

"Page 12, line 12, strike "(f)." and substitute "(g).";";

line 15 of the committee report, strike "Page 12,".

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

YES 24 NO 38 EXCUSED 3 ABSENT 0

Alexander N Allen Y 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 E Hoppe N Johnson E 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 N 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 N Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer N Young N Zimmerman Y
						Mr. Speaker N

Representative Gordon moved to amend the Report of the Committee of the Whole to show that Amendment No. 4, by Representative Dean (L.098 printed in House Journal page 841, lines 9-22) to HB99­1316, did not pass, that the following Grossman amendment, (L.029) to HB99­1316 did pass, and that HB99­1316, as amended, did pass.

Amend the Agriculture, Livestock, & Natural Resources Committee Report, dated February 25, 1999, page 3, strike lines 2 through 27;

line 28, strike "11." and substitute "10.".

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

YES 22 NO 40 EXCUSED 3 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 N		Hefley E Hoppe N Johnson E 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 N 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 N Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer N Young N Zimmerman Y
						Mr. Speaker N

Representative Gordon moved to amend the Report of the Committee of the Whole to show that Amendment No. 8, by Representative Dean, (L.089 printed in House Journal page 841, lines 40-47) to HB99­1316, did not pass, that the following Gordon amendment, (L.079) to HB99­1316 did pass, and that HB99­1316, as amended, did pass.

Amend printed bill, page 10, line 12, strike "check ­ information confidential." and substitute "check.".

Page 13, strike lines 8 through 12.

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

YES 25 NO 37 EXCUSED 3 ABSENT 0

Alexander N Allen Y Bacon Y Berry N Chavez Y Clapp NClarke Y Coleman Y Dean N Decker N Fairbank N Gagliardi Y Gordon Y Gotlieb N Grossman Y Hagedorn Y		Hefley E Hoppe N Johnson E 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 N Mitchell N Morrison Y 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 N Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer N Young N Zimmerman Y
						Mr. Speaker N

Representative Gordon moved to amend the Report of the Committee of the Whole to show that the following Gordon amendment, (L.072) to HB99­1316, did pass, and that HB99­1316, as amended, did pass.

Amend printed bill, page 17, line 15, after "handguns.", insert "(1)";

after line 18, insert the following:

"(2)  A PERMIT ISSUED PURSUANT TO THIS PART 2 DOES NOT AUTHORIZE ANY PERSON TO CARRY A CONCEALED HANDGUN INTO ANY ELEMENTARY, MIDDLE, JUNIOR, OR HIGH SCHOOL.".

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

YES 27 NO 35 EXCUSED 3 ABSENT 0

Alexander N Allen Y Bacon Y Berry N Chavez Y Clapp N Clarke Y Coleman Y Dean N Decker N Fairbank N Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn N		Hefley E Hoppe N Johnson E 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 N Mitchell N Morrison Y 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 N Tool Y Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer Y Young N Zimmerman Y
						Mr. Speaker N

Representative Gordon moved to amend the Report of the Committee of the Whole to show that the following Gordon amendment, (L.034) to HB99­1316, did pass, and that HB99­1316, as amended, did pass.

Amend printed bill, page 17, line 15, after "handguns.", insert "(1)";

strike lines 17 and 18 and substitute the following:

"PERSON TO CARRY A CONCEALED HANDGUN INTO:

(a)  ANY PLACE WHERE THE CARRYING OF FIREARMS IS PROHIBITED BY FEDERAL LAW;

(b)  ANY COURTHOUSE.".

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

YES 24 NO 38 EXCUSED 3 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 N		Hefley E Hoppe N Johnson E 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 N Mitchell N Morrison Y 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 N Tool Y Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer N Young N Zimmerman Y
						Mr. Speaker N

Representative Gordon moved to amend the Report of the Committee of the Whole to show that the following Gordon amendment, (L.099) to HB99­1316, did pass, and that HB99­1316, as amended, did pass.

Amend printed bill, page 17, after line 18, insert the following:

"(2)  A PERMIT ISSUED PURSUANT TO THIS PART 2 DOES NOT AUTHORIZE ANY PERSON TO CARRY A CONCEALED HANDGUN ON THE PROPERTY OF OR WITHIN ANY BUILDING IN WHICH THE CHAMBERS, GALLERIES, OR OFFICES OF THE GENERAL ASSEMBLY, OR EITHER HOUSE THEREOF, ARE LOCATED, OR IN WHICH A LEGISLATIVE HEARING OR MEETING IS BEING OR IS TO BE CONDUCTED, OR IN WHICH THE OFFICIAL OFFICE OF ANY MEMBER, OFFICER, OR EMPLOYEE OF THE GENERAL ASSEMBLY IS LOCATED.".

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

YES 21 NO 41 EXCUSED 3 ABSENT 0

Alexander N Allen N Bacon Y Berry NChavez Y Clapp N Clarke Y Coleman Y Dean N Decker N Fairbank N Gagliardi Y Gordon Y Gotlieb N Grossman Y Hagedorn N		Hefley E Hoppe N Johnson E Kaufman N Keller Y Kester N King N Larson N Lawrence N Lee N Leyba N Mace Y May N McElhany N McKay N McPherson N		Miller N Mitchell N Morrison Y 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 N Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer N Young N Zimmerman N
						Mr. Speaker N

Representative Leyba moved to amend the Report of the Committee of the Whole to show that the following Leyba amendment, (L.051) to HB99­1316, did pass, and that HB99­1316, as amended, did pass.

Amend printed bill, page 21, before line 8, insert the following:

"SECTION 10. 16­3­103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

16­3­103.  Stopping of suspect ­ authority to disarm. (3)  WHEN A PEACE OFFICER HAS STOPPED A PERSON FOR QUESTIONING PURSUANT TO THIS SECTION AND DISCOVERS THAT THE PERSON STOPPED IS IN POSSESSION OF A WEAPON, THE PEACE OFFICER MAY DISARM THE PERSON, REGARDLESS OF WHETHER THE PERSON HAS A PERMIT TO CARRY A CONCEALED HANDGUN, AT ANY TIME THAT THE PEACE OFFICER REASONABLY BELIEVES THAT DISARMING THE PERSON IS NECESSARY FOR THE PROTECTION OF THE PERSON, THE PEACE OFFICER, OR OTHERS. THE PEACE OFFICER SHALL RETURN ANY WEAPON TAKEN PURSUANT TO THIS SUBSECTION (3) BEFORE DISCHARGING THE PERSON FROM THE SCENE.".

Renumber succeeding sections accordingly.

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

YES 23 NO 39 EXCUSED 3 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 NGrossman Y Hagedorn Y		Hefley E Hoppe N Johnson E 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 N 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 N Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer N Young N Zimmerman Y
						Mr. Speaker N

Representatives Coleman and Gordon moved to amend the Report of the Committee of the Whole to show that the following Coleman amendment, (L.052) to HB99­1316, did pass, and that HB99­1316, as amended, did pass.

Amend printed bill, page 4, line 25, after "COURSE", insert "THAT AT A MINIMUM INCLUDES TRAINING ON THE SAFE STORAGE OF HANDGUNS AND".

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

YES 23 NO 39 EXCUSED 3 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 N		Hefley E Hoppe N Johnson E 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 N 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 N Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer Y Young N Zimmerman Y
						Mr. Speaker N

Representative Plant moved to amend the Report of the Committee of the Whole to show that the following Plant amendment, (L.101) to HB99­1316, did pass, and that HB99­1316, as amended, did pass.

Amend the printed bill, page 18, after line 7, insert the following:

"18­12­216. Offenses committed by permit holder. IN THE EVENT A PERSON WHO HOLDS A PERMIT IS ARRESTED FOR COMMISSION OF A FIREARMS OFFENSE UNDER FEDERAL OR STATE LAW, THE ARRESTING LAW ENFORCEMENT AGENCY SHALL NOTIFY THE DEPARTMENT OF PUBLIC SAFETY OF THE NAME OF THE PERSON ARRESTED AND THE OFFENSE FOR WHICH HE OR SHE WAS ARRESTED. THE DEPARTMENT OF PUBLIC SAFETY SHALL ANNUALLY PREPARE A STATISTICAL REPORT OF THE NUMBER OF PERSONS HOLDING PERMITS WHO ARE ARRESTED EACH YEAR AND THE OFFENSES FOR WHICH THEY ARE ARRESTED. THE REPORT SHALL NOT INCLUDE PERSONALLY IDENTIFYING INFORMATION REGARDING ANY PERMITTEE. THE DEPARTMENT OF PUBLIC SAFETY SHALL SUBMIT THE REPORT TO THE JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.".

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

YES 22 NO 40 EXCUSED 3 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 N		Hefley E Hoppe N Johnson E 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 N 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 N Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer N Young N Zimmerman Y
						Mr. Speaker N

Representative Grossman moved to amend the Report of the Committee of the Whole to show that the following Grossman amendment, (L.026) to HB99­1316, did pass, and that HB99­1316, as amended, did pass.

Amend printed bill, page 5, line 4, strike "THE NATIONAL RIFLE ASSOCIATION" and substitute "A NATIONALLY RECOGNIZED FIREARMS ASSOCIATION".

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

YES 22 NO 40 EXCUSED 3 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 N		Hefley E Hoppe N Johnson E 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 N 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 N Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer N Young N Zimmerman Y
						Mr. Speaker N

Representative Coleman moved to amend the Report of the Committee of the Whole to show that the following Coleman amendment, (L.102) to HB99­1316, did pass, and that HB99­1316, as amended, did pass.

Amend printed bill, page 21, before line 8, insert the following:

"SECTION 10.  Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18­12­107.3.  Use of trigger lock devices. A PERSON WHO OWNS A HANDGUN COMMITS A CLASS 2 MISDEMEANOR IF HE OR SHE FAILS TO TEMPORARILY DISABLE THE HANDGUN, INCLUDING BUT NOT LIMITED TO, BY USING A TRIGGER LOCK, GUN LOCK, OR GUN­LOCKING DEVICE, WHEN THE HANDGUN IS NOT IN USE OR WITHIN THE PERSON'S REACH.".

Renumber succeeding sections accordingly.

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

YES 21 NO 41 EXCUSED 3 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 N		Hefley E Hoppe N Johnson E 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 N 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 N Tate Y Taylor N Tochtrop N Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer N Young N Zimmerman Y
						Mr. Speaker N

Representative S. Williams moved to amend the Report of the Committee of the Whole to show that the following S. Williams amendment, (L.032) to HB99­1316, did pass, and that HB99­1316, as amended, did pass.

Amend printed bill, page 21, before line 8, insert the following:

"SECTION 10.  Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18­12­108.8.  Negligent storage of firearm ­ exception ­ penalty. (1)  A PERSON COMMITS NEGLIGENT STORAGE OF A FIREARM IF THE PERSON NEGLIGENTLY STORES, KEEPS, OR LEAVES A FIREARM ON ANY PREMISES WHERE A JUVENILE IS LIKELY TO GAIN POSSESSION OF THE FIREARM AND, AS A RESULT OF THE NEGLIGENT STORAGE, KEEPING, OR LEAVING OF THE FIREARM, A JUVENILE GAINS POSSESSION OF THE FIREARM.

(2)  THIS SECTION SHALL NOT APPLY TO A PERSON WHO STORES, KEEPS, OR LEAVES A FIREARM IF THE PERSON'S FIREARM WAS OBTAINED BY A JUVENILE AS A RESULT OF AN UNLAWFUL ENTRY INTO THE PERSON'S PREMISES BY ANY PERSON.

(3)  NEGLIGENT STORAGE OF A FIREARM IS A CLASS 1 MISDEMEANOR.".

Renumber succeeding sections accordingly.

Page 21, line 9, strike "and 6" and substitute "6, and 10".

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

YES 23 NO 39 EXCUSED 3 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 N		Hefley E Hoppe N Johnson E 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 N 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 N Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer Y Young N Zimmerman Y
						Mr. Speaker N

Representative Grossman moved to amend the Report of the Committee of the Whole to show that the following Grossman amendment, (L.024) to HB99­1316, did pass, and that HB99­1316, as amended, did pass.

Amend printed bill, page 7, line 16, insert the following:

"(e)  IS NOT SUBJECT TO A TEMPORARY RESTRAINING ORDER TO PREVENT DOMESTIC ABUSE ISSUED PURSUANT TO SECTION 14­4­102, C.R.S., AN EMERGENCY PROTECTION ORDER ISSUED PURSUANT TO SECTION 14­4­103, C.R.S., OR A TEMPORARY OR PERMANENT RESTRAINING ORDER ISSUED PURSUANT TO RULE 365 OF THE COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE;".

Reletter succeeding paragraphs accordingly.

Page 12, line 12, strike "(f)." and substitute "(g).".

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

YES 23 NO 39 EXCUSED 3 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 E Hoppe N Johnson E 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 N 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 N Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer N Young N Zimmerman Y
						Mr. Speaker N

Representative Grossman moved to amend the Report of the Committee of the Whole to show that the following Grossman amendment, (L.069) to HB99­1316, did pass, and that HB99­1316, as amended, did pass.

Amend printed bill, page 21, before line 8, insert the following:

"SECTION 10.  18­12­101 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:

18­12­101.  Definitions. (1)  As used in this article, unless the context otherwise requires:

(f.5)  "LARGE­CAPACITY AMMUNITION BELT" MEANS A BELT OR STRIP THAT HOLDS MORE THAN TWENTY ROUNDS OF AMMUNITION TO BE FED CONTINUOUSLY INTO A SEMIAUTOMATIC FIREARM OR AN AMMUNITION BELT THAT CAN BE READILY CONVERTED INTO A LARGE­CAPACITY AMMUNITION BELT.

(f.6)  "LARGE­CAPACITY MAGAZINE" MEANS A BOX, DRUM, OR OTHER CONTAINER THAT HOLDS MORE THAN TWENTY ROUNDS OF AMMUNITION TO BE FED CONTINUOUSLY INTO A SEMIAUTOMATIC FIREARM OR A MAGAZINE THAT CAN BE READILY CONVERTED INTO A LARGE­CAPACITY MAGAZINE.

SECTION 11.  18­12­102 (2), Colorado Revised Statutes, is amended to read:

18­12­102.  Possessing a dangerous or illegal weapon ­ affirmative defense. (2)  As used in this section, the term "illegal weapon" means a blackjack, gas gun, LARGE­CAPACITY AMMUNITION BELT, LARGE­CAPACITY MAGAZINE, metallic knuckles, gravity knife, or switchblade knife.".

Renumber succeeding sections accordingly.

Page 21, line 9, strike "and 6" and substitute "6, 10, and 11".

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

YES 22 NO 40 EXCUSED 3 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 N		Hefley E Hoppe N Johnson E 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 N 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 N Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer N Young N Zimmerman Y
						Mr. Speaker N

Representative Grossman moved to amend the Report of the Committee of the Whole to show that the following Grossman amendment, (L.068) to HB99­1316, did pass, and that HB99­1316, as amended, did pass.

Amend printed bill, page 21, before line 8, insert the following:

"SECTION 10.  Legislative declaration. (1)  The general assembly hereby finds, determines, and declares that the interim provisions of the federal "Brady Handgun Violence Prevention Act", 18 U.S.C. sec. 922(s), referred to in this section as the "federal Brady law", under which Colorado was permitted to conduct its own statewide criminal background check system for prospective handgun purchasers, expired on or about November 30, 1998, five years after Public Law 103­159 was enacted. The general assembly further finds that the statewide instant criminal background check system, located in article 26.5 of title 12, Colorado Revised Statutes, was repealed on or about December 31, 1998. The general assembly further finds that the permanent provisions of the federal Brady law are now in effect, pursuant to which a national instant criminal background check system is applied to firearms purchases. While federal law generally preempts any state laws on this subject, the federal government has recognized the valuable prior experience and expertise that the state authorities have developed through the implementation of their own criminal background check systems. As a result, the federal government has encouraged state law enforcement agencies, by state statute or executive order, to provide assistance and to serve voluntarily as "points of contact" in implementing the permanent provisions of the federal Brady law. In addition, the federal Brady law provides that while serving as a point of contact, the state must meet or exceed federal standards, and a state, by law or rule, may pursue its own policy so long as it is consistent with federal law.

(2)  The general assembly further finds, determines, and declares that the director of the Colorado bureau of investigation shall have all necessary latitude in promulgating rules to carry out the bureau's duties as the state point of contact under the federal Brady law, and the federal statutes, regulations, and guidelines adopted or amended in connection therewith.

SECTION 11.  24­33.5­412 (1) (l), Colorado Revised Statutes, is amended to read:

24­33.5­412.  Functions of bureau ­ legislative review. (1)  The bureau has the following authority:

(l)  To carry out the duties set forth in article 26.5 of title 12, C.R.S., SECTION 24­33.5­424 concerning the statewide NATIONAL instant criminal background check system ("NICS") in connection with the transfer of handguns FIREARMS;

SECTION 12.  Part 4 of article 33.5 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

24­33.5­424.  National instant criminal background check ­ state point of contact ­ rule­making ­ instant criminal background check fund ­ created. (1)  THE BUREAU SHALL BE AUTHORIZED TO ENTER INTO AN AGREEMENT WITH THE FEDERAL GOVERNMENT TO ACT AS THE STATE POINT OF CONTACT FOR IMPLEMENTATION OF THE PERMANENT PROVISIONS OF THE FEDERAL "BRADY HANDGUN VIOLENCE PREVENTION ACT", 18 U.S.C. SEC. 922 (s), REFERRED TO IN THIS SECTION AS THE "FEDERAL BRADY LAW", THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM ("NICS") CREATED PURSUANT TO THAT ACT, AND ALL FEDERAL REGULATIONS AND APPLICABLE GUIDELINES ADOPTED PURSUANT TO THAT ACT. THE DIRECTOR IS AUTHORIZED TO PROMULGATE SUCH RULES AS ARE NECESSARY TO CARRY OUT THE DUTIES OF THE BUREAU AS THE STATE POINT OF CONTACT AND TO ASSIST IN IMPLEMENTING THE PERMANENT PROVISIONS OF THE FEDERAL BRADY LAW, THE NICS SYSTEM, AND ALL FEDERAL REGULATIONS AND APPLICABLE GUIDELINES ADOPTED PURSUANT TO THAT ACT. ANY RULES PROMULGATED PURSUANT TO THIS SECTION SHALL BE PROMULGATED IN ACCORDANCE WITH THE "STATE ADMINISTRATIVE PROCEDURE ACT", ARTICLE 4 OF THIS TITLE.

(2)  THE BUREAU, ACTING AS THE STATE POINT OF CONTACT FOR IMPLEMENTATION OF THE FEDERAL BRADY LAW, SHALL DENY A TRANSFER OF A FIREARM TO A PROSPECTIVE TRANSFEREE IF THE TRANSFER WOULD VIOLATE 18 U.S.C. SEC. 922. IN ADDITION, THE BUREAU, ACTING AS THE STATE POINT OF CONTACT FOR IMPLEMENTATION OF THE FEDERAL BRADY LAW, SHALL DENY A TRANSFER OF A FIREARM IF THE PROSPECTIVE TRANSFEREE:

(a)  HAS BEEN ARRESTED FOR OR CHARGED WITH A CRIME FOR WHICH THE PROSPECTIVE TRANSFEREE, IF CONVICTED, WOULD BE PROHIBITED UNDER STATE OR FEDERAL LAW FROM PURCHASING, RECEIVING, OR POSSESSING A FIREARM;

(b)  IS THE SUBJECT OF AN INFORMATION OR A FELONY COMPLAINT ALLEGING THAT THE PROSPECTIVE TRANSFEREE HAS COMMITTED A CRIME PUNISHABLE BY IMPRISONMENT FOR A TERM EXCEEDING ONE YEAR AS SPECIFIED IN 18 U.S.C. SEC. 921 (20).

(3)  UPON DENIAL OF A FIREARM TRANSFER BY THE BUREAU, ACTING AS THE STATE POINT OF CONTACT, THE BUREAU SHALL NOTIFY THE TRANSFEROR AND SEND NOTICE OF THE DENIAL TO THE NICS SYSTEM, PURSUANT TO THE FEDERAL BRADY LAW. IN ADDITION, THE BUREAU SHALL IMMEDIATELY SEND NOTIFICATION OF SUCH DENIAL AND THE BASIS FOR THE DENIAL TO THE LOCAL LAW ENFORCEMENT AGENCIES HAVING JURISDICTION OVER THE AREA IN WHICH THE TRANSFEREE RESIDES AND IN WHICH THE TRANSFEROR CONDUCTS BUSINESS.

(4)  THE DIRECTOR MAY ESTABLISH A FEE TO BE PAID BY A TRANSFEREE EACH TIME THE TRANSFEROR MAKES A REQUEST FOR THE BUREAU TO ACCESS THE NICS SYSTEM AND PROCESS AN INSTANT CRIMINAL BACKGROUND CHECK OF THE TRANSFEREE. THE DIRECTOR MAY ALSO SET FORTH THE PROCEDURES TO BE USED TO COLLECT THE FEE. THE DIRECTOR SHALL SET THE FEE, IF ANY FEE IS IMPOSED, AT A LEVEL SUFFICIENT TO COVER THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH PROCESSING SUCH REQUESTS. ANY FEE COLLECTED PURSUANT TO THIS SUBSECTION (4) SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE INSTANT CRIMINAL BACKGROUND CHECK CASH FUND, WHICH FUND IS HEREBY CREATED. ANY INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. ALL MONEYS IN THE FUND SHALL BE SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE DIRECT AND INDIRECT COSTS OF IMPLEMENTING THE PROVISIONS OF THIS SECTION.

(5)  THE DIRECTOR MAY PROMULGATE RULES THAT SET FORTH PROCEDURES WHEREBY A PROSPECTIVE TRANSFEREE WHOSE TRANSFER IS DENIED MAY REQUEST A REVIEW OF THE DENIAL AND OF THE INSTANT CRIMINAL BACKGROUND CHECK RECORDS THAT PROMPTED THE DENIAL. UPON DENIAL, THE TRANSFEROR SHALL PROVIDE THE TRANSFEREE WITH WRITTEN INFORMATION PREPARED BY THE BUREAU CONCERNING THE PROCEDURE BY WHICH THE TRANSFEREE MAY REQUEST SUCH A REVIEW. WHEN DISPOSITIONAL INFORMATION INDICATING A TRANSFEREE IS NOT PROHIBITED FROM PURCHASING, RECEIVING, OR POSSESSING A HANDGUN IS NOT INCLUDED IN THE BUREAU'S RECORDS, IT IS THE TRANSFEREE'S RESPONSIBILITY TO OBTAIN THE DISPOSITIONAL INFORMATION AND PROVIDE SUCH INFORMATION TO THE BUREAU BEFORE THE BUREAU MAY REVERSE THE DENIAL.

(6)  AN INDIVIDUAL MAY BRING A CAUSE OF ACTION TO SEEK A COURT ORDER TO CORRECT CONTESTED BACKGROUND INFORMATION OR TO APPROVE A FIREARM TRANSFER, BUT NO OTHER CAUSE OF ACTION IS HEREBY CREATED OR MADE AVAILABLE UNDER STATE LAW. NOTHING IN THIS SUBSECTION (6) SHALL BE CONSTRUED TO OTHERWISE ABROGATE OR LIMIT THE SOVEREIGN IMMUNITY GRANTED TO PUBLIC ENTITIES PURSUANT TO THE "COLORADO GOVERNMENTAL IMMUNITY ACT", ARTICLE 10 OF THIS TITLE.

(7)  NO ACT PERFORMED BY THE BUREAU OR ITS AGENTS IN CARRYING OUT THEIR DUTIES UNDER THIS SECTION SHALL BE CONSTRUED TO BE A VIOLATION OF TITLE 18, C.R.S.

(8) (a)  IT IS UNLAWFUL FOR:

(I)  ANY TRANSFEREE TO WILLFULLY AND KNOWINGLY PROVIDE FALSE INFORMATION OR FALSE OR FRAUDULENT IDENTIFICATION IN CONNECTION WITH A TRANSFER MADE PURSUANT TO THIS SECTION;

(II)  ANY TRANSFEROR, OR EMPLOYEE OR AGENT OF A TRANSFEROR, TO VIOLATE THE PROVISIONS OF THIS SECTION;

(III)  ANY PERSON TO KNOWINGLY ACQUIRE A FIREARM FOR A PERSON WHO IS PROHIBITED BY LOCAL, STATE, OR FEDERAL LAW FROM PURCHASING, RECEIVING, OR POSSESSING A FIREARM;

(IV)  ANY TRANSFEROR TO REQUEST CRIMINAL HISTORY RECORD INFORMATION UNDER FALSE PRETENSES OR TO WILLFULLY AND INTENTIONALLY DISSEMINATE CRIMINAL HISTORY RECORD INFORMATION TO ANY PERSON OTHER THAN THE SUBJECT OF SUCH INFORMATION;

(V)  ANY AGENT OR EMPLOYEE OR FORMER AGENT OR EMPLOYEE OF THE BUREAU TO INTENTIONALLY VIOLATE THE PROVISIONS OF THIS SECTION.

(b)  ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (8) COMMITS A CLASS 1 MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18­1­106, C.R.S.

(9) (a)  ANY LAW ENFORCEMENT AGENCY, INCLUDING THE BUREAU, THE STATE JUDICIAL DEPARTMENT, ANY COURT OF THIS STATE OR OF ANY POLITICAL SUBDIVISION OF THIS STATE, OR ANY EMPLOYEE OR AGENT OF ANY OF SUCH ENTITIES WHO ACTS IN GOOD FAITH IN IMPLEMENTING THE PROVISIONS OF THIS SECTION SHALL BE IMMUNE FROM ANY CIVIL OR CRIMINAL LIABILITY OR REGULATORY SANCTION THAT MAY ARISE FROM THE TRANSFER OR DENIAL OF THE TRANSFER OF A FIREARM.

(b)  ANY TRANSFEROR WHO ACTS IN GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF THIS SECTION SHALL BE IMMUNE FROM ANY CIVIL OR CRIMINAL LIABILITY OR REGULATORY SANCTION THAT MAY ARISE FROM THE TRANSFER OR DENIAL OF THE TRANSFER OF A FIREARM.

SECTION 13.  18­4­412, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

18­4­412.  Theft of medical records or medical information ­ penalty. (4)  THE OBTAINING, ACCESSING, USE, OR DISCLOSURE OF MEDICAL RECORDS OR MEDICAL INFORMATION BY THE COLORADO BUREAU OF INVESTIGATION OR BY ANY OF ITS EMPLOYEES IN IMPLEMENTING SECTION 24­33.5­424, C.R.S., SHALL NOT CONSTITUTE THEFT OF A MEDICAL RECORD OR MEDICAL INFORMATION UNDER THIS SECTION.".

Renumber succeeding sections accordingly.

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

YES 21 NO 41 EXCUSED 3 ABSENT 0

Alexander N Allen NBacon 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 N		Hefley E Hoppe N Johnson E 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 N 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 N Tate Y Taylor N Tochtrop N Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. E Windels Y Witwer N Young N Zimmerman Y
						Mr. Speaker N

Representative Gordon moved to amend the Report of the Committee of the Whole to show that HB99­1316, as amended, did not pass.

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

YES 22 NO 40 EXCUSED 3 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 N		Hefley E Hoppe N Johnson E Kaufman N Keller Y Kester N King N Larson N Lawrence N Lee N Leyba Y Mace Y May N McElhany N McKay Y McPherson N		Miller N 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 N Tool N Tupa Y Veiga Y Vigil N Webster N Williams, S. Y Williams, T. E Windels Y Witwer N Young N Zimmerman Y
						Mr. Speaker N

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: SB99-172, HB99-1316 amended.

Laid over until date indicated retaining place on Calendar:

HB99-1280--March 22, 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 48 NO 14 EXCUSED 3 ABSENT 0

Alexander Y Allen Y Bacon N Berry Y Chavez N Clapp Y Clarke N Coleman Y Dean Y Decker Y Fairbank Y Gagliardi N Gordon N Gotlieb Y Grossman N Hagedorn Y		Hefley E Hoppe Y Johnson E Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace N May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman N 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 N Veiga N Vigil Y Webster Y Williams, S. Y Williams, T. E Windels N Witwer Y Young Y Zimmerman N
						Mr. Speaker Y

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and transmits herewith: SJR99-019.

______________

INTRODUCTION AND CONSIDERATION OF RESOLUTION

The following resolution was read at length and given immediate consideration:

SJR99-019 by Senator Blickensderfer; also Representative Dean--Concerning changes to legislative deadlines.

On motion of Representative Dean, the rules were suspended and the resolution given immediate consideration and adopted by viva voce vote.

_______________

REPORTS OF COMMITTEES OF REFERENCE

BUSINESS AFFAIRS AND LABOR

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

SB99-161 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 7, after "TESTS.", insert the following:

"A DUPLICATE SAMPLE FROM ANY TEST CONDUCTED SHALL BE PRESERVED AND MADE AVAILABLE TO THE WORKER FOR PURPOSES OF A SECOND TEST TO BE CONDUCTED AT THE WORKER'S EXPENSE.".

FINANCE

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

HB99-1331 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

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

"SECTION 1.  39­26­114, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

39­26­114.  Exemptions ­ disputes ­ credits or refunds. (20) (a)  SUBJECT TO SECTION 39-26-127, ALL SALES AND PURCHASES OF MAGAZINES AND PERIODICALS SHALL BE EXEMPT FROM TAXATION UNDER THIS PART 1.

(b)  FOR PURPOSES OF THIS SUBSECTION (20), "MAGAZINES AND PERIODICALS" DO NOT INCLUDE TRADE JOURNALS OR OTHER ASSOCIATION PUBLICATIONS.

SECTION 2.  39­26­203 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

39­26­203.  Exemptions. (1)  This part 2 is declared to be supplementary to the "Emergency Retail Sales Tax Law of 1935", part 1 of this article, and shall not apply:

(hh) (I)  SUBJECT TO SECTION 39-26-127, TO THE STORAGE, USE, OR CONSUMPTION OF MAGAZINES AND PERIODICALS.

(II)  FOR PURPOSES OF THIS PARAGRAPH (hh), "MAGAZINES AND PERIODICALS" DO NOT INCLUDE TRADE JOURNALS OR OTHER ASSOCIATION PUBLICATIONS.

SECTION 3.  Part 1 of article 26 of title 39, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

39­26­127.  Fiscal years commencing on or after July 1, 1998 ­ temporary exemption of magazines and periodicals from state sales and use tax ­ authority of executive director. (1)  FOR ANY FISCAL YEAR COMMENCING ON OR AFTER JULY 1, 2000, 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 24­77­106.5, 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 39­26­104 AND 39­26­202, SALES OF MAGAZINES OR PERIODICALS IN ACCORDANCE WITH SECTIONS 39­26­114 (20) (a) AND 39­26­203 (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 39­26­114 (20) (a) AND 39­26­203 (1) (hh).

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

24­77­106.5.  Annual financial report ­ certification of state excess revenues. (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 STATEMENT 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).

(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.

SECTION 5.  39­26­123 (2) (a) (I), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUB­SUBPARAGRAPH to read:

39­26­123.  Receipts ­ disposition ­ repeal. (2) (a) (I) (A.5)  FOR FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2000, BUT PRIOR TO JULY 1, 2008, THE ALLOCATION OF RECEIPTS UNDER SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (I) TO THE HIGHWAY USERS TAX FUND SHALL BE INCREASED BY ONE ONE­HUNDREDTH OF ONE PERCENT, AND THE ALLOCATION TO THE GENERAL FUND SHALL BE DECREASED BY ONE ONE­HUNDREDTH OF ONE PERCENT, PURSUANT TO HOUSE BILL 99­1331, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­SECOND GENERAL ASSEMBLY. THE MODIFICATION TO THE ALLOCATION OF RECEIPTS MADE PURSUANT TO THIS SUB­SUBPARAGRAPH (A.5) SHALL BE IN ADDITION TO ANY OTHER MODIFICATIONS TO THE ALLOCATION OF SUCH RECEIPTS MADE BY LAW.

SECTION 6.  Effective date.  This act shall take effect July 1, 2000, unless a referendum petition is filed during the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect April 1, 2001.".

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1026, 1040, 1041, 1075, 1076, 1078 1114, 1147, 1152; SB99-015, 017, 018, 027, 066, 085, 111, 135, 139; SJR99-010, 015.

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MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate voted to request the return of HB99-1157.

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The Senate has adopted and transmits herewith: SJR99-017 and 018.

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On Reconsideration, the Senate has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1157, amended as printed in Senate Journal, March 15, page 493.

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INTRODUCTION OF BILLS

First Reading

The following bills were read by title and referred to the committees indicated:

HB99-1338 by Representative Tool; also Senator Dennis--Concerning the enhancement of the credit strength of auxiliary facility enterprise financing by state institutions of higher education.

Committee on Education

HB99-1339 by Representatives Pfiffner, Paschall, Fairbank, Keller, McKay, McPherson, Scott, Vigil; also Senators Teck, Andrews--Concerning the expansion of property tax exemptions for entities that serve children.

Committee on Finance

HB99-1340 by Representatives Witwer, Clarke; also Senator Sullivant--Concerning the investigation of the possible harmful health effects of nonionizing radiation from electromagnetic sources.

Committee on Business Affairs & Labor

HB99-1341 by Representative Kaufman; also Senator Perlmutter--Concerning the "Uniform Child-custody Jurisdiction and Enforcement Act".

Committee on Judiciary

HB99-1342 by Representatives Kaufman, Grossman, Morrison, Veiga; also Senators Wattenberg, Anderson, Feeley--Concerning a requirement that any person supplying slot machine equipment notify the division of gaming when knowingly entering into certain financial relationships with a slot machine operator.

Committee on Judiciary

SB99-110 by Senator Feeley; also Representative McElhany--Concerning the regulation of telecommunications.

Committee on Business Affairs & Labor

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INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title and laid over one day under the rules:

HJR99-1015 by Representatives Scott, Mitchell, Paschall, Clapp, Fairbank, George, Lee, Pfiffner, Smith, Witwer; also Senators Congrove, Arnold--Concerning the removal of Rocky Flats nuclear waste.

WHEREAS, Transuranic waste from the Rocky Flats Environmental Technology Site is currently stored within the proximity of the 2.1 million residents of the Denver metropolitan area; and

WHEREAS, It is in the best interest of the residents of the Denver metropolitan area that such transuranic waste be removed in a safe and timely manner; and

WHEREAS, Taxpayers have spent 2.1 billion dollars to construct the Waste Isolation Pilot Project in New Mexico for the safe storage of transuranic waste from the Rocky Flats site; and

WHEREAS, The state of New Mexico has unreasonably delayed the issuance of a permit for the handling and storage of mixed transuranic waste from the Rocky Flats site; and

WHEREAS, The United States Court of Appeals for the District of Columbia has ruled that the federal "Resource Conservation and Recovery Act of 1976" does not require the issuance of a state permit for non­mixed transuranic waste; and

WHEREAS, Rocky Flats has substantial amounts of non­mixed transuranic waste that the U.S. Department of Energy intends to store in tents on the Rocky Flats site because the Waste Isolation Pilot Project has failed to commence operations; and

WHEREAS, The longer transuranic waste is stored on site at Rocky Flats, the more difficult it will be for that site to close by the year 2006, the U.S. Department of Energy's projected closure date for such site; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­second General Assembly of the State of Colorado, the Senate concurring herein:

That the Secretary of the U.S. Department of Energy be urged to immediately begin shipment of non­mixed transuranic waste from the Rocky Flats Environmental Technology Site to the Waste Isolation Pilot Project, such shipments being in the best interest of the residents of Colorado.

Be It Further Resolved, That the Colorado Attorney General be urged to pursue all legal remedies against the parties who, by their actions cause or continue the storage of transuranic waste at the Rocky Flats site, endanger the health, safety, and property of the residents of Colorado.

Be It Further Resolved, That copies of this resolution be sent to the Secretary of the U.S. Department of Energy and to the Colorado Attorney General Ken Salazar.

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SJR99-017 by Senators Martinez, Wham; also Representative George--Concerning the Civil War monument's reference to the Sand Creek massacre.

SJR99-018 by Senator Blickensderfer; also Representative Tapia--Concerning Single Parents Day.

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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 22, retaining place on Calendar:

Consideration of General Orders--HCR99-1001, HB99-1194, 1206, 1003, 1207, SB99-039, 109, 022, HB99-1317, 1314, SB99-136, HB99­1001, 1011, 1126, 1311, 1312, SB99-025, 028, 072, 063, 129, HB99-1271, 1110, SB99-052, 014, 140, 070, 170, 021, 074, 142, 011, HB99-1326, SB99-004, 174, HB99-1319, 1203, 1238, 1293, 1299, 1129, SB99-050, 068, HB99-1330, SB99-114, 141, 106, 143.

Consideration of Conference Committee Report--HB99-1061.

Consideration of Resolution--HJR99-1014.

Consideration of Senate Amendments--HB99-1017, 1269, 1160, 1172, 1188, 1265, 1105, 1295.

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On motion of Representative Dean, the House adjourned until 10:00 a.m., March 22, 1999.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk