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.

Call to By the President at 9:00 a.m.

Order

Prayer By the chaplain, Rev. Glen Hamlyn, Rocky Mountain Cathedral.

Roll Call Present--Total, 28.

Absent/Excused--Epps, Lacy, Lamborn, Martinez, Owen, Tanner, Weddig--Total, 7.

Present later--Lacy, Lamborn, Martinez, Tanner, Weddig.

Quorum The President announced a quorum present.

Reading of On motion of Senator Hillman, reading of the Journal of April 29th was

Journal dispensed with and the Journal stands approved as corrected by the Secretary.

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-232, 233, 234.

Services

Correctly enrolled: SB 99-216.

Correctly engrossed: SB 99-221, 222, 226, 227, 229; SCR 99-2; SJR 99-36, 46, 48, 49, 50.

Correctly revised: HB 99-1024, 1030, 1031, 1039, 1088, 1164, 1179, 1181, 1203, 1206, 1238, 1247, 1250, 1289, 1293, 1299, 1330, 1342.

To the Governor for signature on Friday, April 23, 1999, at 6:35 pm:

SB 99-216.

MESSAGE FROM THE HOUSE:

April 29, 1999

Mr. President:

The House has adopted and returns herewith SJR99-046, amended as printed in House Journal, April 29.

The House has adopted and returns herewith SJR99-048, amended as printed in House Journal, April 29.

The House has adopted and returns herewith SJR99-032, 034 and 049.

The House has adopted and returns herewith SJM99-004, amended as printed in House Journal, April 29.

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Governor's Appointments, and suspended the rules for consideration of Governor's

Appointments on the calendar of Monday, May 3.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

On motion of Senator Wattenberg, the following Governor's appointment was confirmed

by a roll call vote:

for terms expiring March 1, 2003:

Jack Starner of Delta, Colorado, to serve as a representative of the mining industry, appointed;

Joe R. Janosec of Craig, Colorado, to serve as a representative of conservation, appointed;

Ira J. Paulin of Holly, Colorado, to serve as a representative of agriculture, reappointed.

YES 33		NO 0		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

On motion of Senator Anderson, the following Governor's appointments were confirmed

by the following roll call vote:

effective April 16, 1999, for a term expiring July 1, 1999:

Steve A. Sherlock of Lamar, Colorado, to serve as a banker from the Fourth Congressional District and as a Democrat, replacing Thomas R. Mraule, appointed;

effective April 16, 1999, for a term expiring July 1, 2001:

Karen J. Rodriguez of Colorado Springs, Colorado, to serve as an industrial banker from the Fifth Congressional District and as a Democrat, replacing William A. Mitchell, Jr., who resigned, appointed;

effective July 1, 1999, for terms expiring July 1, 2003:

Steve A. Sherlock of Lamar, Colorado, to serve as a banker from the Fourth Congressional District and as a Democrat, reappointed;

Maurice Goodgaine, Jr., of Thornton, Colorado, to serve as a non-banker from the Second Congressional District and as a Democrat, reappointed;

John R. Young of Glenwood Springs, Colorado, to serve as a banker from the Third Congressional District and as a Republican, reappointed;

YES 33		NO 0		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

On motion of Senator Anderson, the following Governor's appointment was confirmed by

the following roll call vote:

BANKING BOARD

Richard F. Mutzebaugh of Highlands Ranch, Colorado, to serve as a non-banker from the Fifth Congressional District and as a Republican, replacing LaCharles P. Keesee, appointed.

YES 33		NO 0		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

On motion of Senator Wattenberg, the following Governor's appointment was confirmed by the following roll call vote:

COAL MINE BOARD OF EXAMINERS

for a term expiring July 1, 2000:

Trent A. Peterson of Marvel, Colorado, to serve as an engineer experienced in coal mining

and to fill a vacancy occasioned by the resignation of James R. Hake, appointed.

YES 33		NO 0		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

THIRD READING OF BILLS--FINAL PASSAGE

On Third Reading, the titles of the following bills were publicly read, the reading at length having been dispensed with by unanimous consent:

HB 99-1367 by Rep. Young--Size Factor For Deconsolidated Districts

The question being "Shall the bill pass?" the roll was called with the following result:

YES 32		NO 1		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	N
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Andrews, Arnold, Chlouber, Congrove, Hillman, Matsunaka, Tebedo.

HB 99-1364 by Rep. Dean; Senator Sullivant--Photo Radar Devices

Laid over until Monday, May 3, retaining its place on the calendar.

SB 99-236 by Sen. Wham; Rep. Lawrence--Cap Proj At Univ Of Co Health Sci Center

The question being "Shall the bill pass?" the roll was called with the following result:

YES 33		NO 0		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Blickensderfer, Chlouber, Powers.

SB 99-208 by Sen. Martinez--Repeal Emissions Inspection On Sale

The question being "Shall the bill pass?" the roll was called with the following result:

YES 24		NO 9		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	N	Tanner	Y
Andrews	N	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	N	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	N	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	N	Lacy	N	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	N	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	N
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	N
Epps	E	Matsunaka	Y	Sullivant	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsor added: Weddig.

SB 99-232 by Sen. Anderson; Rep. Spradley--Expenditures From State Historical Fund

The question being "Shall the bill pass?" the roll was called with the following result:

YES 25		NO 8		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	NY	Feeley	N	Nichol	Y	Tebedo	Y
Arnold	N	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	N
Chlouber	N	Lacy	Y	Perlmutter	Y	Wattenberg	N
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	N	Sullivant	N

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Blickensderfer, Lamborn, Powers.

IMMEDIATE RECONSIDERATION OF SB99-232

SB 99-232 by Sen. Anderson; Rep. Spradley--Expenditures From State Historical Fund

Having voted on the prevailing side, Senator Anderson moved for immediate

reconsideration of SB99-232.

Immediate reconsideration was denied by the following roll call vote:

YES 8		NO 25		EXCUSED 2		ABSENT 0
Anderson	N	Evans	N	Musgrave	N	Tanner	N
Andrews	Y	Feeley	Y	Nichol	N	Tebedo	N
Arnold	Y	Hernandez	N	Owen	N	Teck	N
Blickensderfer	N	Hillman	N	Pascoe	N	Thiebaut	Y
Chlouber	Y	Lacy	N	Perlmutter	N	Wattenberg	Y
Congrove	N	Lamborn	N	Phillips	N	Weddig	N
Dennis	N	Linkhart	N	Reeves	N	Wham	N
Dyer	N	Martinez	N	Rupert	N	Mr. President	N
Epps	N	Matsunaka	Y	Sullivant	Y

THIRD READING OF BILLS--FINAL PASSAGE--CONTINUED

HB 99-1370 by Rep. Larson; Senator Arnold--Add Vehicle Color To DMV Records

The question being "Shall the bill pass?" the roll was called with the following result:

YES 33		NO 0		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

HB 99-1366 by Rep. Larson; Senator Arnold--Bolstering Child Safety

Laid over until Monday, May 3, retaining its place on the calendar.

HB 99-1359 by Rep. Allen; Senator Lacy--CATI Abolished Trans Functions To CCHE

The question being "Shall the bill pass?" the roll was called with the following result:

YES 28		NO 5		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	N	Reeves	N	Wham	Y
Dyer	Y	Martinez	Y	Rupert	N	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsor added: Blickensderfer.

HB 99-1338 by Rep. Tool; Senator Dennis--Auxiliary Facility Enterprise Financing

The question being "Shall the bill pass?" the roll was called with the following result:

YES 32		NO 1		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	N
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

RECONSIDERATION OF HB99-1313

HB 99-1313 by Rep. Alexander; Senator Teck--Wildlife Commission Operation

Having voted on the prevailing side, Senator Wattenberg moved for reconsideration of

HB99-1313.

A majority of all members elected to the Senate having voted in the affirmative, the motion was adopted.

THIRD READING OF BILL--FINAL PASSAGE

On Third Reading, the titles of the following bill was publicly read, the reading at length having been dispensed with by unanimous consent:

HB 99-1313 by Rep. Alexander; Senator Teck--Wildlife Commission Operation

A majority of those elected to the Senate having voted in the affirmative, Senator Teck was given permission to offer a Third Reading amendment.

Third Reading Amendment No. 1, by Senators Teck and Wattenberg

Amend revised bill, page 2, strike line 3 and substitute the following:

"Revised Statutes, are amended, and the said 33­1­103 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:";

line 5, after "TEN", insert "VOTING";

line 15, after "two", insert "VOTING".

Page 4, line 20, strike "DECEMBER." and substitute "DECEMBER AND MAY HOLD ADDITIONAL MEETINGS AT SUCH OTHER TIMES AS THE COMMISSION MAY DEEM NECESSARY FOR THE PROPER TRANSACTION OF ITS DUTIES AND BUSINESS.".

Page 5, after line 9, insert the following:

"(10)  FOR PURPOSES OF THIS SECTION ONLY:

(a)  "SPORTSMAN" OR "SPORTSWOMAN" MEANS ANY HUNTER OR ANGLER WHO HAS PURCHASED OR APPLIED FOR A HUNTING OR FISHING LICENSE FOR EACH OF THE PREVIOUS THREE YEARS OR WHO CAN DEMONSTRATE A REASONABLE KNOWLEDGE OF WILDLIFE ISSUES, WILDLIFE HABITAT, WILDLIFE MANAGEMENT, AND THE COMMISSION'S DUTIES, PROCEDURES, POLICIES, AUTHORITY, AND PAST DECISIONS.

(b)  "WILDLIFE ORGANIZATION" MEANS A NONPROFIT ORGANIZATION, ASSOCIATION, OR CORPORATION REGISTERED WITH THE SECRETARY OF STATE'S OFFICE THAT:

(I)  HAS ARTICLES OF INCORPORATION, BYLAWS, AND THE FIDUCIARY RESPONSIBILITIES OF OFFICERS AND MEMBERS OF THE BOARD OF DIRECTORS THAT ARE DESIGNED FOR OR RELATED TO THE SPECIFIC PURPOSE OF PROTECTING, ADVERTISING, OR ADVANCING THE CONCERNS OF ITS INDIVIDUAL MEMBERSHIP;

(II)  SUPPORTS AND PROMOTES THE CONSERVATION AND ENHANCEMENT OF COLORADO'S WILDLIFE AND ITS HABITAT;

(III)  RECOGNIZES AND PROMOTES PRIMARILY NONCONSUMPTIVE WILDLIFE USE; AND

(IV)  HAS EXPERTISE IN WILDLIFE ISSUES, WILDLIFE HABITAT, OR WILDLIFE MANAGEMENT.".

A majority of all members elected to the Senate having voted in the affirmative, the amendment was adopted.

The question being "Shall the bill, as amended, pass?" the roll was called with the following result:

YES 30		NO 3		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	N	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	N	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill, as amended, was declared PASSED.

Committee On motion of Senator Wattenberg, the Senate resolved itself into Committee of the Whole

of the for consideration of General Orders and Senator Wattenberg was called to the Chair to act

Whole as Chairman.

GENERAL ORDERS--SECOND READING OF BILLS

The Committee of the Whole having risen, the Chairman reported that the following bills, reading at length having been dispensed with by unanimous consent, had been considered and action taken thereon as follows:

HB 99-1368 by Rep. Spradley; Senator Anderson--Real Estate Title Incentives

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, April 29, page 1043.)

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

HB 99-1110 by Rep. Fairbank; Sen. Thiebaut--Fair Campaign Practices Act

Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment

(Printed in Senate Journal, April 23, pages 927-929.)

Amendment No. 2, by Senator Pascoe

Amend the State, Veterans, and Military Affairs Committee amendment as printed in Senate Journal, April 23, page 928, strike lines 7 through 20 and substitute the following:

"SECTION 3. 1­45­105 (6) (b) and (7), Colorado Revised Statutes, are amended to read:

1­45­105.  Voluntary campaign spending limits. (6) (b)  State candidates who choose not to comply with the".

Amendment No. 2, by Senator Musgrave

Amend the committee amendment, as printed in Senate Journal, April 23, page 927, line 34, strike "(4)," and substitute "the introductory portion to subsection (2) and 1-45-104 (4) and (6)," and strike "is" and substitute "are";

strike line 38 and substitute the following:

"1­45­104.  Contribution limits. (2)  No natural person or political committee PERSON shall make, and no candidate committee shall accept, aggregate contributions to a candidate committee for a primary or general election in excess of the following amounts:

(2.5)  NOTHING IN SUBSECTION";

after line 55, insert the following:

"(6)  Only natural persons, political parties, and political committees A PERSON may contribute to a state candidate's candidate committee.".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see Roll Call Vote, page 1068.)

HB 99-1374 by Rep. Berry; Senator Lacy--Affiliates Of Child Care Licensees

Amendment No. 1, Health, Environment, Welfare and Institutions Amendment

(Printed in Senate Journal, April 28, page 1034.)

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

ROLL CALL VOTE ON HB99-1110

HB 99-1110 by Rep. Fairbank; Sen. Thiebaut--Fair Campaign Practices Act

Call of Call of Senate.

Senate

Call Raised.

On motion of Senator Pascoe, the President ordered a roll call vote on HB99-1110.

YES 18		NO 15		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	N	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	N	Nichol	Y	Tebedo	Y
Arnold	N	Hernandez	N	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	N	Wattenberg	N
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	Y
Dennis	Y	Linkhart	N	Reeves	N	Wham	N
Dyer	N	Martinez	Y	Rupert	N	Mr. President	Y
Epps	E	Matsunaka	N	Sullivant	N

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Wattenberg, the Report of the Committee of the Whole was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:

HB99-1368 as amended, 99-1110 as amended, 99-1374 as amended, declared passed on

Second Reading.

COMMITTEE OF REFERENCE REPORTS

Health, After consideration on the merits, the committee recommends that HB99-1373 be

Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations

Welfare and with favorable recommendation:

Institutions

Amend reengrossed bill, page 2, line 8, strike "EXISTING" and after "PROVIDERS", insert "WHO PROVIDE FAMILY PLANNING SERVICES".

Health, The Committee on Health, Environment, Welfare and Institutions has had under

Environment, consideration and has had a hearing on the following appointment and recommends that

Welfare and the appointment be confirmed:

Institutions

MEMBERS OF THE MEDICAL SERVICES BOARD

for a term expiring July 1, 2002:

Michael Oliva of Aurora, Colorado, to serve as a representative of the Fourth Congressional District and as a Republican, appointed;

Barbara L. Crawford of Greenwood Village, Colorado, to serve as a representative of the Sixth Congressional District and as a Republican.

Health, The Committee on Health, Environment, Welfare and Institutions has had under

Environment, consideration and has had a hearing on the following appointments and recommends that

Welfare and the appointments be confirmed:

Institutions

STATE BOARD OF NURSING

effective April 16, 1999, for terms expiring July 1, 2001:

Theresa Y. Jamison of Parker, Colorado, to serve as a licensed professional nurse engaged in home health care, replacing Susan K. Grayson, appointed;

Dennis R. Graves of Littleton, Colorado, to serve as a consumer, replacing Jeanne D. Thompson, appointed;

Laurett Barrentine of Englewood, Colorado, to serve as a consumer, replacing Berdine R. Clumpus, appointed.

Merrilee T. McDuffie of Boulder, Colorado, to serve as a licensed practical nurse engaged in Practical Nursing Education, reappointed.

Agriculture, After consideration on the merits, the committee recommends that the following be

Natural referred favorably to the Committee of the Whole: HB99-1380 Resources

and Energy

Education The Committee on Education has had under consideration and has had a hearing on the following appointments and recommends that the appointments be favorably referred to the Committee on Health, Environment, Welfare, and Institutions:

UNIVERSITY OF COLORADO HOSPITAL AUTHORITY

BOARD OF DIRECTORS

Leslie R. Fowler, a resident of the Second Congressional District, reappointed, effective October 1, 1997 and expiring on September 30, 2001;

Mike A. Leprino, a resident of the First Congressional District, appointed, effective May 18, 1998 and expiring on September 30, 2001.

Sally Hopper, a resident of the Sixth Congressional District, appointed, effective August 1, 1998 and expiring on September 30, 1999.

Education The Committee on Education has had under consideration and has had a hearing on the following appointments and recommends that the appointments be confirmed:

for a term expiring March 23, 2003:

John Coors of Evergreen, Colorado, to serve as a representative of graduates and as a Republican, appointed,

David Wagner of Englewood, to serve as a representative of non-graduates and as a Republican, appointed.

Education The Committee on Education has had under consideration and has had a hearing on the following appointments and recommends that the appointments be confirmed:

for a term expiring July 1, 2001:

Straud J. Fredregill of Pueblo, Colorado, to serve as a representative of the Third Congressional District and as a Republican, appointed;

for a term expiring July 1, 2002:

Robert E. Smith of Longmont, Colorado, to serve as a representative of the Second Congressional District and as a Democrat, appointed;

Ed Lyell of Alamosa, Colorado, to serve as a representative of the Third

Congressional District and as a Democrat, appointed;

Lee Elwood Gillis of Lamar, Colorado, to serve as a representative of the Fourth Congressional District and as a Republican, appointed.

Education The Committee on Education has had under consideration and has had a hearing on the following appointments and recommends that the appointments be confirmed:

for a term expiring June 30, 2002:

Eric Duran of Denver, Colorado, to serve as a Democrat, appointed;

Douglas Sparks of Denver, Colorado, to serve as a representative of the First

Congressional District and as a Republican, appointed.

Education The Committee on Education has had under consideration and has had a hearing on the following appointments and recommends that the appointments be confirmed:

MEMBERS OF THE

PRIVATE OCCUPATIONAL SCHOOL BOARD

for a term expiring July 1, 2000:

Gayla Henry of Aurora, Colorado, to serve as a representative of private occupational schools and as a Republican, appointed;

Thomas Twardowski of Colorado Springs, Colorado, to serve as a representative of industry, appointed;

Joseph Chalupa of Elizabeth, Colorado, to serve as a representative of industry, appointed;

for terms expiring July 1, 2002:

James Kreutz of Littleton, Colorado, to serve as a representative of the public (employer) and as a Republican, appointed;

Mike Tynan of Denver, Colorado, to serve as a representative of the public (employer) and as a Republican, appointed;

Robert Trujillo of Highlands Ranch, Colorado, to serve as a representative of a lending institution and as a Republican, appointed;

Gary Upton of Evergreen, Colorado, to serve as a public member, appointed.

MESSAGE FROM THE HOUSE:

April 30, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1376.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1254, amended as printed in House Journal, April 29, page 1554;

HB99-1381, amended as printed in House Journal, April 29, page 1553;

HB99-1383, amended as printed in House Journal, April 29, pages 1553-1554;

SB99-067, amended as printed in House Journal, April 29, page 1554;

SB99-089, amended as printed in House Journal, April 29, page 1556;

SB99-163, amended as printed in House Journal, April 29, pages 1555-1556 and on Third Reading as printed in House Journal April 30;

SB99-173, amended as printed in House Journal, April 29, page 1555;

SB99-223, amended as printed in House Journal, April 29, page 1555;

SB99-229, amended as printed in House Journal, April 29, page 1558.

The House has passed on Third Reading and returns herewith SB99-220, 221, 222, 227 and 228.

The House has adopted and transmits herewith HJR99-1057, as printed in House Journal, April 28, pages 1516-1517.

MESSAGE FROM THE HOUSE:

April 30, 1999

Mr. President:

The House has voted not to concur in the Senate amendments to HB99-1115 and requests that a conference committee be appointed. The Speaker has appointed Representatives Kaufman, chairman, Tool, and Leyba as House conferees on the First Conference Committee on HB99-1115. The bill is transmitted herewith.

The House has voted not to concur in the Senate amendments to HB99-1235 and requests that a conference committee be appointed. The Speaker has appointed Representatives Kaufman, chairman, Scott, and Veiga as House conferees on the First Conference Committee on HB99-1235. The House has granted authorization to go beyond the scope of the differences. The bill is transmitted herewith.

The House has voted not to concur in the Senate amendments to HB99-1260 and requests that a conference committee be appointed. The Speaker has appointed Representatives Kaufman, chairman, Tool, and Leyba as House conferees on the First Conference Committee on HB99-1260. The House has granted authorization to go beyond the scope of the differences. The bill is transmitted herewith.

The House has voted not to concur in the Senate amendments to HB99-1278 and requests that a conference committee be appointed. The Speaker has appointed Representatives T. Williams, chairman, Larson, and Veiga as House conferees on the First Conference Committee on HB99-1278. The House has granted authorization to go beyond the scope of the differences. The bill is transmitted herewith.

The House has voted not to concur in the Senate amendments to HB99-1337 and requests that a conference committee be appointed. The Speaker has appointed Representatives May, chairman, Lee, and Hagedorn as House conferees on the First Conference Committee on HB99-1337. The House has granted authorization to go beyond the scope of the differences. The bill is transmitted herewith.

MESSAGE FROM THE REVISOR

April 30, 1999

We herewith transmit:

without comment, HB99-1376; and,

without comment, as amended, HB99-1254, 1381, 1383, SB99-067, 089, 163, 173, 223, and 229.

SIGNING OF BILLS

The President has signed: HB99-1019, 1079, 1158, 1206, 1319, 1330.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB99­1039

*****************************

THIS REPORT AMENDS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99­1039, concerning background checks for prospective school employees, and making an appropriation in connection therewith, has met and reports that it has agreed upon the following:

That the House accede to Senate amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 2, strike line 12 and substitute the following:

"(I)  A FELONY; OR";

line 13, strike "FELONY OR".

Page 3, strike line 13 and substitute the following:

"(I)  A FELONY; OR";

line 14, strike "FELONY OR".

Page 5, strike line 6 and substitute the following:

"(I)  A FELONY; OR";

line 7, strike "FELONY OR".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Lauri Clapp, Chair Sen. Mark Hillman, Chair

Rep. Frana Mace Sen. John Evans

Rep. Debbie Allen Sen. Jim Dyer

INTRODUCTION OF BILLS--FIRST READING

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

HB 99-1254 by Representative Swenson; also Senator Perlmutter--Concerning the collection of criminal restitution, and making an appropriation in connection therewith.

Judiciary

Appropriations

HB 99-1376 by Representatives Sinclair, May, Johnson, Kaufman, Kester, Lee, McKay, Miller, Nunez, Scott, Taylor, Tochtrop, and Webster; also Senator Owen--Concerning measures to require compliance with federal selective service requirements, and, in connection therewith, requiring compliance for receipt of unemployment benefits and for state employment and requiring distribution of registration forms to certain driver's license applicants.

State, Veterans, & Military Affairs

HB 99-1381 by Representatives Young, Hagedorn, Hoppe, Kester, Miller, and Webster; also Senators Wattenberg, Dennis, Hillman, Musgrave, and Nichol--Concerning the exemption of compounds used in the production of agricultural products from the state sales and use tax.

Finance

Appropriations

HB 99-1383 by Representatives McPherson, Hefley, and Tate; also Senator Lacy--Concerning the creation of a Colorado earned income tax credit, and, in connection therewith, utilizing the earned income tax credit as a means of refunding state revenues in excess of the constitutional limitation on state fiscal year spending for any given fiscal year, and making an appropriation in connection therewith.

Finance

Appropriations

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of House amendments to Senate bills.

______________________________

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS

SB 99-040 by Sen. Thiebaut; Rep. Smith--Statewide Transportation Policy

Laid over until Monday, May 3, retaining its place on the calendar.

SB 99-061 by Sen. Anderson; Rep. Kaufman--Parole Issues

Senator Anderson moved that the Senate not concur in House amendments to SB99-061, as printed in House Journal, April 27, pages 1497-1498 and on Third Reading as printed in Senate Journal, April 28, and that a Conference Committee be appointed.

A majority of all members elected to the Senate having voted in the affirmative, the motion was adopted.

SB 99-075 by Sen. Reeves; Rep. Kaufman--Support Obligations

Senator Reeves moved that the Senate concur in House amendments to SB99-075, as

printed in House Journal, April 27, page 1497. The motion was adopted by the following roll call vote:

YES 33		NO 0		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

The question being "Shall the bill, as amended, pass?" the roll was called with the following result:

YES 33		NO 0		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill as amended was declared REPASSED.

SB 99-088 by Sen. Andrews; Rep. Young--High Occupancy Toll Lanes

Senator Andrews moved that the Senate not concur in House amendments to SB99-088

as printed in House Journal, April 27, pages 1498-1500, and that a Conference

Committee be appointed.

A majority of all members elected to the Senate having voted in the affirmative, the motion was adopted.

The President appointed Senators Andrews, Chairman, Musgrave, and Thiebaut as Senate

Conferees on the First Conference Committee on SB99-088.

SB 99-152 by Sen. Linkhart; Rep. Alexander--Child Care

Senator Linkhart moved that the Senate concur in House amendments to SB99-152, as

printed in House Journal, April 27, page 1496. The motion was adopted by the following roll call vote:

YES 33		NO 0		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

The question being "Shall the bill, as amended, pass?" the roll was called with the following result:

YES 32		NO 1		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	N	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill as amended was declared REPASSED.

SB 99-145 by Sen. Wattenberg; Rep. Taylor--Air Quality Standards For Public Lands

Senator Wattenberg moved that the Senate concur in House amendments to SB99-145, as

printed in House Journal, April 28, pages 1523-1524. The motion was adopted by the following roll call vote:

YES 31		NO 2		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	N	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

The question being "Shall the bill, as amended, pass?" the roll was called with the following result:

YES 23		NO 10		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	N
Andrews	Y	Feeley	N	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	N	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	N	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	Y
Dennis	Y	Linkhart	N	Reeves	N	Wham	Y
Dyer	Y	Martinez	Y	Rupert	N	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill as amended was declared REPASSED.

Co-sponsors added: Congrove, Musgrave.

SB 99-203 by Sen. Arnold; Rep. Allen--Ed­related Reporting Requirements

Senator Arnold moved that the Senate concur in House amendments to SB99-203, as

printed in House Journal, April 28, pages 1525. The motion was adopted by the following roll call vote:

YES 33		NO 0		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

The question being "Shall the bill, as amended, pass?" the roll was called with the following result:

YES 33		NO 0		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill as amended was declared REPASSED.

APPOINTMENTS TO CONFERENCE COMMITTEES

SB 99-061 by Sen. Anderson; Rep. Kaufman--Parole Issues

The President appointed Senators Anderson, Chairman, Wham and Reeves as Senate Conferees on the First Conference Committee on SB99-061.

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE RESOLUTION

SJR 99-037 by Senator Wham; also Representative Lawrence--Concerning the continued development and maintenance of an oral history library of the Colorado General Assembly.

Senator Wham moved that the Senate concur in House amendments to SJR99-037 as

printed in House Journal, April 26, page 1452. The motion was adopted by the following

roll call vote:

YES 33		NO 0		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

The question being "Shall the resolution, as amended, pass?" the roll was called with the following result:

YES 33		NO 0		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	E	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

A majority of all members elected to the Senate having voted in the affirmative, the resolution as amended was declared REPASSED.

Co-sponsors added: Hernandez, Wattenberg.

CONFERENCE COMMITTEES GRANTED FURTHER POWERS

HB 99-1260 by Rep. Tool; Senator Anderson--Sex Offenders

Senator Anderson moved that the Senate Conferees on the First Conference Committee on HB99-1260 be given the powers to go beyond the scope of the differences between the two Houses.

A majority of all members elected to the Senate having voted in the affirmative, the motion was adopted.

SB 99-041 by Sen. Dyer; Rep. Swenson--Bicycle Traffic Regulations

Senator Dyer moved that the Senate Conferees on the First Conference Committee on SB99-041 be given the powers to go beyond the scope of the differences between the two Houses.

A majority of all members elected to the Senate having voted in the affirmative, the motion was adopted.

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB99-1383

Finance After consideration on the merits, the committee recommends that HB99-1381 be

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

Amend reengrossed bill, page 2, strike lines 18 through 26.

Strike page 3.

Page 4, strike lines 1 through 11.

Renumber succeeding sections accordingly.

Page 4, line 21, strike "1 IF ALLOWED PURSUANT TO SECTION 39-26-127." and substitute "1.".

Page 5, line 6, strike "C.R.S., IF ALLOWED PURSUANT TO";

strike line 7 and substitute the following:

"C.R.S.".

Page 9, strike lines 10 through 26.

Strike page 10.

Page 11, strike lines 1 through 3 and substitute the following:

"SECTION 7.  Effective date.  This act shall take effect July 1, 1999.".

Renumber succeeding section accordingly.

State, After consideration on the merits, the committee recommends that HB99-1187 be

Veterans, amended as follows and, as so amended, be referred to the Committee on Appropriations

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 4, line 10, after "GAMING", insert "ADVISORY".

Page 7, line 13, strike "except" and substitute "except INCLUDING".

Page 8, strike lines 22 through 26, and substitute the following:

"(11.5)  "LICENSE" MEANS ANY LICENSE ISSUED BY THE LICENSING AUTHORITY PURSUANT TO THIS ARTICLE.".

Page 9, strike lines 3 through 9, and substitute the following:

"(12.5)  "LICENSEE" MEANS THE HOLDER OF ANY LICENSE ISSUED BY THE LICENSING AUTHORITY PURSUANT TO THIS ARTICLE.".

Page 11, after line 25, insert the following:

"12­9­102.3.  Fraud and deception prohibited. (1)  NO BINGO­RAFFLE LICENSEE, LANDLORD LICENSEE, BINGO­RAFFLE SUPPLIER, BINGO­RAFFLE MANUFACTURER, OR ANY MEMBER OR AGENT THEREOF ENGAGED ANY CHARITABLE GAMING ACTIVITY SHALL DIRECTLY OR INDIRECTLY:

(a)  EMPLOY ANY DEVICE, SCHEME, OR ARTIFICE TO DEFRAUD OR DECEIVE;

(b)  INTENTIONALLY MAKE ANY UNTRUE OR MISLEADING STATEMENT OF FACT; OR

(c)  ENGAGE IN ANY ACT, PRACTICE, OR COURSE OF CONDUCT CONSTITUTING FRAUD OR DECEIT.".

Page 12, strike lines 6 through 26.

Page 13, strike lines 1 through 8, and substitute the following:

"article. if such giveaways are incidental to events which are not conducted primarily or incidentally to raise money for any purpose through lotteries or games of chance. This section is enacted to remove Such giveaways SHALL BE EXEMPT from regulation under this article when all of the conditions set forth in subsection (2) of this section are satisfied.

(2)  The NO allotment of prizes by chance FOR A PURPOSE SET FORTH IN SUBSECTION (1) OF THIS SECTION shall not be deemed a lottery or game of chance, nor shall any share or ticket or right to participate in such allotment be deemed to have been sold or charged for, notwithstanding that such allotment is restricted MADE to persons who have paid a fee entitling them to general admission to the grounds or premises on which such allotment is made, if

(a)  each share or ticket by means of which the allotment is made is given away free of charge and without any obligation on the part of the person receiving it. and

(b)  General admission to the grounds or premises entails admission to no fewer than ten separate events, displays, or performances which do not involve or incorporate any allotment of prizes by chance for which an additional fee or charge is required; and

(c)  The owner of the grounds or premises does not conduct or participate in the allotment of prizes by chance and does not give to or receive from any person allotting prizes by chance any consideration which represents or is based upon any such allotment or the participation of any person therein.

(3)  For purposes of this section, the fee charged for general admission shall be construed to include a registration fee, conference fee, meeting fee, or any other similar fee or charge, however designated, the payment of which wholly or in part entitles a person to admission to grounds or premises under the conditions set forth in subsection (2) of this section.".

Page 13, line 16, after "SUPPLIERS,", insert "AND";

strike line 17, and substitute "AGENTS. ALL SUCH LICENSES AND APPLICATIONS FOR SUCH LICENSES SHALL BE MADE AVAILABLE FOR INSPECTION BY THE PUBLIC. In addition, the".

Page 14, after line 1, insert the following:

"(II)  IN LIEU OF SEEKING A SUSPENSION OR REVOCATION OF ANY LICENSE ISSUED BY THE LICENSING AUTHORITY, THE LICENSING AUTHORITY MAY IMPOSE A REASONABLE FINE FOR ANY VIOLATION OF THIS ARTICLE OR ANY RULE ADOPTED PURSUANT TO THIS ARTICLE, NOT TO EXCEED ONE HUNDRED DOLLARS PER CITATION. THE IMPOSITION OF ANY SUCH FINE MAY BE APPEALED TO AN ADMINISTRATIVE LAW JUDGE.";

line 2, strike "(II)" and substitute "(III)";

line 11, strike "the rental of premises," and substitute "the rental of premises,";

line 12, after "equipment", insert "AND THE ESTABLISHMENT OF A SCHEDULE OF REASONABLE FINES, NOT TO EXCEED ONE HUNDRED DOLLARS PER CITATION, FOR VIOLATION BY LICENSEES OF THIS ARTICLE OR OF RULES ADOPTED PURSUANT TO THIS ARTICLE,";

after line 14, insert the following:

"(c)  TO PROVIDE FORMS FOR AND SUPERVISE THE FILING OF ANY REPORTS MADE BY MAIL, COMPUTER, ELECTRONIC MAIL, OR ANY OTHER ELECTRONIC DEVICE BY ANY LICENSEE;

(d)  UPON APPLICATION BY ANY LICENSEE, TO ISSUE A LETTER RULING GRANTING APPROVAL FOR ANY NEW CONCEPT, METHOD, TECHNOLOGY, PRACTICE, OR PROCEDURE THAT MAY BE APPLIED TO, OR USED IN THE CONDUCT OF, GAMES OF CHANCE THAT ARE NOT IN CONFLICT WITH THE CONSTITUTION OR THIS ARTICLE. APPLICATION FOR SUCH APPROVAL SHALL BE SUBMITTED IN A FORM PRESCRIBED BY THE LICENSING AUTHORITY. IF AN APPLICATION IS NOT ACTED UPON WITHIN FORTY­FIVE DAYS AFTER SUBMISSION, THE LICENSEE MAY IMPLEMENT SUCH CONCEPT, METHOD, TECHNOLOGY, PRACTICE, OR PROCEDURE SO LONG AS IT IS NOT IN CONFLICT WITH THE CONSTITUTION OR THIS ARTICLE. AN ADVERSE RULING ON SUCH APPLICATION MAY BE APPEALED TO AN ADMINISTRATIVE LAW JUDGE.";

line 15, strike "(c)" and substitute "(c) (e)";

line 17, strike "(d)" and substitute "(d) (f)";

after line 23, insert the following:

"(g)  TO LICENSE DEVICES FOR READING PULL TABS AS PROVIDED IN SECTION 12­9­107.7; EXCEPT THAT THE LICENSING AUTHORITY SHALL NOT IMPOSE OR COLLECT ANY FEE FOR THE ISSUANCE OF SUCH A LICENSE.".

Page 15, strike lines 9 through 16.

Page 16, strike line 5, and substitute "CONCERNING LICENSING, THE IMPOSITION OF A FINE, OR THE APPROVAL OF ANY PROPOSED NEW CONCEPT, METHOD, TECHNOLOGY, PRACTICE, OR";

line 9, after "GAMING", insert "ADVISORY".

Page 17, line 10, strike "(1) (e)." and substitute "(1) (c).".

Page 18, line 17, after the period, add "A LEASE OF THE PREMISES FOR A BINGO OCCASION SHALL BE FOR A PERIOD OF AT LEAST FIVE CONSECUTIVE HOURS UNLESS THE LANDLORD LICENSEE AND BINGO­RAFFLE LICENSEE AGREE TO A SHORTER OR LONGER PERIOD. THE AMOUNT OF RENT TO BE CHARGED, AND THE METHOD USED TO CALCULATE SUCH RENT, SHALL BE ESTABLISHED BY AGREEMENT BETWEEN THE PARTIES.";

line 19, strike "induce" and substitute "induce COERCE";

line 22, after "require", insert "OR COERCE".

Page 19, line 6, after "facility", insert "WITHIN SPACE LEASED TO A BINGO­RAFFLE LICENSEE";

strike lines 8 through 11, and substitute the following:

"food, and beverages, at a concession stand separated from the playing area by walls, partitions, or counters, and such activities as are conducted in rooms other than those included in the licensee's rental and those in which games of chance are held BINGO­RELATED MERCHANDISE AND SUPPLIES, THE OPERATION OF AN AUTOMATED CASH SERVICE DEVICE, AND SUCH OTHER ACTIVITIES AND BUSINESSES AS THE BINGO­RAFFLE LICENSEE MAY AGREE TO. A LANDLORD LICENSEE MAY CONDUCT OTHER BUSINESSES AND ACTIVITIES IN SPACE NOT INCLUDED IN THE BINGO­RAFFLE LICENSEE'S RENTAL AGREEMENT AND IN WHICH GAMES OF CHANCE ARE NOT HELD.";

line 19, strike "ASSIST" and substitute "INSTRUCT";

after line 22, insert the following:

"(8)  EVERY LANDLORD LICENSEE SHALL FILE WITH THE LICENSING AUTHORITY ALL LEASES, AGREEMENTS, AND OTHER DOCUMENTS REQUIRED IN ORDER FOR A BINGO­RAFFLE LICENSEE TO LEASE ITS COMMERCIAL BINGO FACILITY.".

Page 22, line 11, strike "and" and substitute "and";

strike line 16, and substitute the following:

"facility; AND

(f)  A STATEMENT BY THE LANDLORD OR THE CHIEF EXECUTIVE OF THE LANDLORD THAT THE PRIMARY PURPOSE OF THE PREMISES DESCRIBED IN PARAGRAPH (e) OF THIS SUBSECTION (1) IS THE CONDUCT OF BINGO OCCASIONS.".

Page 27, line 26, strike "LICENSE" and substitute "LICENSE, IN A FORMAT APPROVED BY THE LICENSING AUTHORITY,".

Page 28, line 20, after "(1)", insert "(a)".

Page 29, strike lines 13 through 19, and substitute the following:

"thereof.

(b)  No such games of chance shall be conducted with any equipment unless it is owned BY A BINGO­RAFFLE LICENSEE, OWNED OR LEASED by a bingo­raffle licensee or any landlord licensee OR OWNED OR LEASED BY A BINGO­RAFFLE LICENSEE OPERATING SUCH EQUIPMENT ON PREMISES THAT ARE:

(I)  OWNED, LEASED, OR RENTED BY THE BINGO­RAFFLE LICENSEE, USED AS ITS PRINCIPAL PLACE OF BUSINESS, AND CONTROLLED SO THAT ADMITTANCE TO THE PREMISES IS LIMITED TO THE BINGO­RAFFLE LICENSEE'S MEMBERS AND BONA FIDE GUESTS; OR

(II)  OWNED, LEASED, OR RENTED BY A LANDLORD LICENSEE.".

Page 31, line 25, strike "two hundred fifty" and substitute "two hundred fifty";

line 26, strike "FIVE HUNDRED".

Page 32, line 1, strike "license, and the" and substitute "license; and EXCEPT THAT, NOT MORE THAN ONCE DURING A BINGO OCCASION, A SINGLE PRIZE IN AN AMOUNT OR VALUE GREATER THAN TWO HUNDRED FIFTY DOLLARS BUT NOT EXCEEDING FIVE HUNDRED DOLLARS MAY BE AWARDED IN A SINGLE GAME OF BINGO OR LOTTO. The".

Page 33, after line 24, insert the following:

"(21.5)  EFFECTIVE SEPTEMBER 1, 1999:

(a)  NO LICENSEE SHALL POSSESS, USE, SELL, OFFER FOR SALE, OR PUT INTO PLAY ANY COMPUTERIZED OR ELECTROMECHANICAL FACSIMILE OF A PULL TAB GAME.

(b)  NO LICENSEE SHALL POSSESS, USE, SELL, OFFER FOR SALE, OR PUT INTO PLAY ANY DEVICE THAT REVEALS THE WINNING OR NONWINNING STATUS OF A PULL TAB TICKET UNLESS SUCH DEVICE HAS BEEN TESTED, APPROVED, AND LICENSED PURSUANT TO SECTION 12­9­107.7 AND NOT SUBSEQUENTLY ALTERED OR TAMPERED WITH.

(c)  ANY OF THE FOLLOWING PERSONS THAT ARE FOUND TO HAVE VIOLATED PARAGRAPH (b) OF THIS SUBSECTION (21.5) SHALL BE SUBJECT TO IMMEDIATE AND PERMANENT REVOCATION OF ALL LICENSES ISSUED UNDER THIS ARTICLE:

(I)  THE MANUFACTURER OF THE DEVICE;

(II)  THE SUPPLIER THROUGH WHICH THE DEVICE WAS SUPPLIED;

(III)  THE LANDLORD LICENSEE ON WHOSE PREMISES THE DEVICE WAS FOUND; AND

(IV)  THE BINGO­RAFFLE LICENSEE OF THE OCCASION DURING WHICH THE DEVICE WAS PRESENT.".

Page 34, strike line 11, and substitute the following:

"or upon premises owned by or in the sole control of the licensee THAT ARE:

(a)  OWNED, LEASED, OR RENTED BY THE BINGO­RAFFLE LICENSEE, USED AS ITS PRINCIPAL PLACE OF BUSINESS, AND CONTROLLED SO THAT ADMITTANCE TO THE PREMISES IS LIMITED TO THE BINGO­RAFFLE LICENSEE'S MEMBERS AND BONA FIDE GUESTS; OR

(b)  OWNED, LEASED, OR RENTED BY A LANDLORD LICENSEE.".

Page 35, strike lines 5 through 9, and substitute the following:

"(2)  No person, other than a supplier or manufacturer licensee or licensed agent or a bingo­raffle licensee in the course of conducting licensed activities shall sell, furnish, or distribute any pull tab, bingo card or sheet, or other games of chance equipment to any person within Colorado.";

line 18, strike "No" and substitute "EXCEPT TO THE EXTENT OTHERWISE PROVIDED IN SECTION 12­9­107 (1), no";

line 23, strike "supplier" and substitute "LANDLORD LICENSEE, supplier,".

Page 37, after line 13, insert the following:

"12­9­107.7.  Pull tab reading devices ­ approval required ­ tracking of transactions ­ repeal. (1)  EVERY MECHANICAL, ELECTRONIC, OR ELECTROMECHANICAL DEVICE THAT REVEALS THE WINNING OR NONWINNING STATUS OF A PULL TAB TICKET SHALL BE TESTED, INSPECTED, AND LICENSED BY THE LICENSING AUTHORITY BEFORE BEING USED IN CHARITABLE GAMING. THE LICENSING AUTHORITY SHALL EMPLOY AN INDEPENDENT CONTRACTOR TO CONDUCT SUCH TESTS AND INSPECTIONS, THE COST OF WHICH SHALL BE BORNE BY THE MANUFACTURER OR SUPPLIER SEEKING APPROVAL OF THE DEVICE. NO LICENSE SHALL BE ISSUED FOR A DEVICE UNTIL THE DEVICE IS SECURED IN A MANNER PRESCRIBED BY THE LICENSING AUTHORITY AND THE CONTRACTOR RECEIVES PAYMENT IN FULL FOR THE COST OF SUCH TESTS AND INSPECTIONS.

(2)  EVERY PERSON SHIPPING OR IMPORTING INTO COLORADO A DEVICE SUBJECT TO SUBSECTION (1) OF THIS SECTION SHALL PROVIDE THE LICENSING AUTHORITY WITH A COPY OF THE SHIPPING INVOICE AT THE TIME OF SHIPMENT. SUCH INVOICE SHALL CONTAIN, AT A MINIMUM, THE DESTINATION OF THE SHIPMENT AND THE SERIAL NUMBER AND DESCRIPTION OF EACH DEVICE BEING TRANSPORTED.

(3)  EVERY PERSON RECEIVING A DEVICE SUBJECT TO SUBSECTION (1) OF THIS SECTION SHALL, UPON RECEIPT OF THE DEVICE, PROVIDE THE LICENSING AUTHORITY WITH THE SERIAL NUMBER AND DESCRIPTION OF EACH DEVICE RECEIVED AND INFORMATION DESCRIBING THE LOCATION OF EACH SUCH DEVICE. THE REQUIREMENTS OF THIS SUBSECTION (3) SHALL APPLY REGARDLESS OF WHETHER THE DEVICE IS RECEIVED FROM A LICENSED SUPPLIER OR FROM ANY OTHER SOURCE.

(4)  A DEVICE LICENSED PURSUANT TO THIS SECTION SHALL BE LICENSED FOR AND MAY ONLY BE USED IN ONE SPECIFIC LICENSED LOCATION IDENTIFIED BY THE LICENSING AUTHORITY. ANY MOVEMENT OF THE DEVICE FROM SUCH LICENSED LOCATION FOR USE AT ANOTHER LICENSED LOCATION SHALL BE REPORTED TO THE LICENSING AUTHORITY IN ADVANCE.

(5)  THE LICENSING AUTHORITY MAY ADOPT RULES AND PRESCRIBE ALL NECESSARY FORMS IN FURTHERANCE OF THIS SECTION.

(6)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE LICENSING AUTHORITY SHALL NOT LICENSE:

(a)  A PULL TAB GAME THAT IS STORED, ELECTRONICALLY OR OTHERWISE, WITHIN A DEVICE AND DESIGNED TO BE PLAYED ON SUCH DEVICE; OR

(b)  ANY DEVICE THAT QUALIFIES AS A SLOT MACHINE PURSUANT TO SECTION 9(4)(c) OF ARTICLE XVIII OF THE COLORADO CONSTITUTION.

(7)  THE PROHIBITION CONTAINED IN SUBSECTION (6) OF THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT THE LICENSING OF:

(a)  A DEVICE THAT MERELY DISPENSES PULL TAB TICKETS TO PLAYERS; OR

(b)  A DEVICE THAT MERELY READS OR VALIDATES A PULL TAB TICKET INSERTED BY A PLAYER, IF:

(I)  THE PULL TAB TICKET ITSELF DISPLAYS ITS WINNING OR NONWINNING STATUS SO THAT USE OF THE DEVICE IS NOT REQUIRED TO DETERMINE SUCH STATUS; AND

(II)  THE DEVICE CANNOT BE USED IN A MANNER THAT WOULD QUALIFY IT AS A SLOT MACHINE PURSUANT TO SECTION 9(4)(c) OF ARTICLE XVIII OF THE COLORADO CONSTITUTION.

(8) (a)  THIS SECTION SHALL TAKE EFFECT SEPTEMBER 1, 1999, AND SHALL APPLY TO DEVICES USED ON OR AFTER SAID DATE.

(b)  THIS SUBSECTION (8) IS REPEALED, EFFECTIVE JULY 1, 2000.";

strike lines 21 through 24, and substitute the following:

"description of the classification of such expenses, the name and address of each person to whom has been paid three hundred dollars or more and the purpose of such expenditure, the net proceeds derived from each such game GAMES of".

Page 39, strike lines 19 through 21, and substitute the following:

"(5), and articles of a minor nature; such as pencils, crayons, tickets, envelopes, paper clips, and coupons necessary to the conduct of games of chance; "services rendered" means repair to equipment, compensation".

Page 41, after line 10, insert the following:

"12­9­111.  Volunteer services ­ legislative declaration ­ immunity. (1)  THE COLORADO CONSTITUTION RECOGNIZES THAT THE CONDUCT OF CHARITABLE GAMING ACTIVITIES IS DIRECTLY RELATED TO THE NEED OF NONPROFIT ORGANIZATIONS TO FULFILL THEIR LAWFUL PURPOSES. NOTWITHSTANDING THIS RECOGNITION, HOWEVER, THE WILLINGNESS OF BINGO­RAFFLE VOLUNTEERS TO OFFER THEIR SERVICES HAS BEEN INCREASINGLY DETERRED BY A PERCEPTION THAT THEY PUT PERSONAL ASSETS AT RISK SHOULD A TORT ACTION BE FILED SEEKING DAMAGES ARISING FROM THEIR VOLUNTEER ACTIVITIES.

(2)  ALL BINGO­RAFFLE VOLUNTEERS SHALL BE IMMUNE FROM CIVIL ACTIONS AND LIABILITIES PURSUANT TO SECTION 13­21­115.5, C.R.S., WHICH PROVIDES THAT VOLUNTEERS SHALL NOT BE PERSONALLY LIABLE FOR THEIR ACTS OR OMISSIONS IF THEY ARE ACTING IN GOOD FAITH AND WITHIN THE SCOPE OF THEIR OFFICIAL FUNCTION AND DUTY FOR A CHARITABLE ORGANIZATION, WITH RESPECT TO SUCH ORGANIZATION'S CONDUCT OF GAMES OF CHANCE. BINGO­RAFFLE VOLUNTEERS SHALL NOT BE LIABLE UNDER THIS SECTION IF THE HARM IS NOT CAUSED BY WILLFUL AND WANTON MISCONDUCT, GROSS NEGLIGENCE, RECKLESS MISCONDUCT, OR A CONSCIOUS, FLAGRANT INDIFFERENCE TO THE RIGHTS OR SAFETY OF THE INDIVIDUAL HARMED.

12­9­112.  Unfair trade practices. (1)  THE PROVISIONS OF THE "UNFAIR PRACTICES ACT", ARTICLE 2 OF TITLE 6, C.R.S., AND THE "COLORADO ANTITRUST ACT OF 1992", ARTICLE 4 OF TITLE 6, C.R.S., ARE SPECIFICALLY APPLICABLE TO CHARITABLE GAMING ACTIVITIES CONDUCTED BY ANY LICENSEE. WITHIN THIRTY DAYS AFTER RECEIVING A COMPLAINT ALLEGING A VIOLATION OF EITHER OF SAID ACTS, THE LICENSING AUTHORITY SHALL TRANSMIT SUCH COMPLAINT TO THE ATTORNEY GENERAL.

(2)  A LICENSEE THAT VIOLATES ANY PROVISION OF ARTICLE 2 OF TITLE 6, C.R.S., OR ARTICLE 4 OF TITLE 6, C.R.S., SHALL HAVE ITS LICENSE REVOKED BY THE LICENSING AUTHORITY FOR A PERIOD OF ONE YEAR FROM THE DATE OF THE FINDING OF SUCH VIOLATION. UPON THE EXPIRATION OF SUCH PERIOD, THE LICENSEE MAY APPLY FOR THE ISSUANCE OF A NEW LICENSE.".

Renumber succeeding C.R.S. sections accordingly.

Page 41, line 12, strike "article" and substitute "article, TO RECEIVE COMPLAINTS, TO INITIATE INVESTIGATIONS,".

Page 42, line 1, after "gaming" insert "advisory";

line 3, after "GAMING", insert "ADVISORY";

line 4, strike "SEVEN" and substitute "NINE";

line 9, strike "FOUR OF THE SEVEN" and substitute "FIVE OF THE NINE";

strike lines 15 through 26, and substitute the following:

"(a) (I)  THREE MEMBERS OF THE BOARD SHALL BE BONA FIDE MEMBERS OF A BINGO­RAFFLE LICENSEE THAT IS CLASSIFIED AS A RELIGIOUS ORGANIZATION, A CHARITABLE ORGANIZATION, A LABOR ORGANIZATION, AN EDUCATIONAL ORGANIZATION OR A VOLUNTARY FIREFIGHTER'S ORGANIZATION; EXCEPT THAT NO MORE THAN ONE MEMBER SHALL BE APPOINTED FROM ANY ONE SUCH CLASSIFICATION;

(II)  ONE MEMBER OF THE BOARD SHALL BE A BONA FIDE MEMBER OF A BINGO RAFFLE LICENSEE THAT IS A VETERANS' ORGANIZATION;

(III)  ONE MEMBER OF THE BOARD SHALL BE A BONA FIDE MEMBER OF A BINGO­RAFFLE LICENSEE THAT IS A FRATERNAL ORGANIZATION;

(IV)  ONE MEMBER OF THE BOARD SHALL BE A SUPPLIER LICENSEE;

(V)  TWO MEMBERS OF THE BOARD SHALL BE LANDLORD LICENSEES; AND

(VI)  ONE MEMBER OF THE BOARD SHALL BE A REGISTERED ELECTOR OF THE STATE WHO IS NOT A MEMBER OF, OR EMPLOYED BY, A LICENSEE.

(b) (I)  OF THE FIVE MEMBERS OF THE BOARD WHO ARE CATEGORIZED AS BONA FIDE MEMBERS OF A BINGO­RAFFLE LICENSEE, TWO SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE, TWO SHALL BE APPOINTED BY THE SPEAKER OF".

Page 43, line 3, after "ARE", insert "CATEGORIZED AS";

line 12, strike "ONE MEMBER" and substitute "TWO MEMBERS";

line 14, strike "TWO" and substitute "THREE".

Page 44, line 10, strike "SEVEN" and substitute "FIVE";

strike lines 13 through 17, and substitute "OFFICIAL DUTIES.".

Page 45, line 17, strike "powers and";

line 18, strike "POWERS AND";

line 19, strike "POWERS AND";

line 22, strike "AND INVESTIGATION";

strike lines 25 and 26, and substitute "PROMULGATED PURSUANT TO THIS ARTICLE.".

Page 46, strike lines 1 and 2;

strike lines 5 through 20, and substitute the following:

"(c)  TO PREPARE AND MAKE AVAILABLE AN ANNUAL REPORT TO THE GENERAL ASSEMBLY AND THE LICENSING AUTHORITY SETTING FORTH THE FINDINGS AND RECOMMENDATIONS OF THE BOARD FOR CHANGES TO THIS ARTICLE OR THE RULES PROMULGATED THEREUNDER.";

line 21, strike "AND ASSISTANCE".

Page 47, line 8, strike "RECOMMENDATIONS FOR THE" and substitute "THE";

strike line 10, and substitute the following:

"(f)  THE ESTABLISHMENT OF A SCHEDULE OF REASONABLE FINES TO BE ASSESSED IN LIEU OF LICENSE";

strike lines 13 and 14, and substitute the following:

"(g)  THE AMOUNT OF FEES FOR LICENSES ISSUED BY THE LICENSING";

strike line 17, and substitute the following:

"(h)  THE ESTABLISHMENT OF CRITERIA UNDER WHICH A";

line 18, strike "AND";

after line 18, insert the following:

"(I)  THE CONTENT AND CONDUCT OF CLASSES OR TRAINING SEMINARS TO BENEFIT BINGO­RAFFLE CHARITABLE LICENSEES, OFFICERS, AND VOLUNTEERS TO BETTER ACCOUNT FOR FUNDS COLLECTED FROM GAMES OF CHANCE;

(j)  STANDARDIZED RULES, PROCEDURES, AND POLICIES TO CLARIFY AND SIMPLIFY THE AUDITING OF LICENSEES' RECORDS;

(k)  THE TYPES OF CHARITABLE GAMING ACTIVITIES TO BE CONDUCTED IN THE FUTURE, BASED UPON A CONTINUING REVIEW OF THE AVAILABLE STATE OF THE ART OF EQUIPMENT IN COLORADO AND ELSEWHERE, AND THE POLICIES AND PROCEDURES APPROVED AND IMPLEMENTED BY OTHER STATES FOR THE CONDUCT OF THEIR CHARITABLE GAMING ACTIVITIES; AND";

line 19, strike "(I)" and substitute "(l)";

strike lines 24 through 26.

Page 48, strike lines 1 through 19;

line 25, after "GAMING", insert "ADVISORY".

Page 49, line 18, after "GAMING", insert "ADVISORY".

Page 1, line 102, after "GAMING", insert "ADVISORY".

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

COMMITTEE OF REFERENCE REPORTS

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: HB99-1187

Approp- After consideration on the merits, the committee recommends that HB99-1383 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 1, strike "FOR" and substitute "SUBJECT TO THE PROVISIONS OF SUBSECTION (6) OF THIS SECTION, FOR".

Page 3, line 19, after "REFUNDING", insert "A PORTION OF THE";

after line 21, insert the following:

"(6) (a)  IF, BASED ON THE FINANCIAL REPORT PREPARED BY THE CONTROLLER IN ACCORDANCE WITH SECTION 24­77­106.5, C.R.S., THE CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 1998, EXCEEDS THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION FOR THAT FISCAL YEAR BY LESS THAN FIFTY MILLION DOLLARS, THEN THE CREDIT AUTHORIZED BY SUBSECTION (1) OF THIS SECTION SHALL NOT BE ALLOWED FOR THE INCOME TAX YEAR COMMENCING JANUARY 1, 1999.

(b)  IF, BASED ON THE FINANCIAL REPORT PREPARED BY THE CONTROLLER IN ACCORDANCE WITH SECTION 24­77­106.5, C.R.S., THE CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR ANY STATE FISCAL YEAR COMMENCING ON OR AFTER JULY 1, 1999, EXCEEDS THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION FOR THAT FISCAL YEAR BY LESS THAN FIFTY MILLION DOLLARS, AS ADJUSTED PURSUANT TO PARAGRAPH (C) OF THIS SUBSECTION (6), THEN THE CREDIT AUTHORIZED BY SUBSECTION (1) OF THIS SECTION SHALL NOT BE ALLOWED FOR THE INCOME TAX YEAR IN WHICH SAID STATE FISCAL YEAR ENDED.

(c) (I)  NO LATER THAN OCTOBER 1 OF ANY GIVEN CALENDAR YEAR COMMENCING ON OR AFTER JANUARY 1, 1999, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL ANNUALLY ADJUST THE DOLLAR AMOUNT SPECIFIED IN PARAGRAPH (b) OF THIS SUBSECTION (6) TO REFLECT THE RATE OF GROWTH OF COLORADO PERSONAL INCOME FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE CALENDAR YEAR IN WHICH SUCH ADJUSTMENT IS MADE. FOR PURPOSES OF THIS SUBPARAGRAPH (I), "THE RATE OF GROWTH OF COLORADO PERSONAL INCOME" MEANS THE PERCENTAGE CHANGE BETWEEN THE MOST RECENT PUBLISHED ANNUAL ESTIMATE OF TOTAL PERSONAL INCOME FOR COLORADO, AS DEFINED AND OFFICIALLY REPORTED BY THE BUREAU OF ECONOMIC ANALYSIS IN THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE CALENDAR YEAR IN WHICH THE ADJUSTMENT IS MADE AND THE MOST RECENT PUBLISHED ANNUAL ESTIMATE OF TOTAL PERSONAL INCOME FOR COLORADO, AS DEFINED AND OFFICIALLY REPORTED BY THE BUREAU OF ECONOMIC ANALYSIS IN THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE CALENDAR YEAR PRIOR TO THE CALENDAR YEAR IMMEDIATELY PRECEDING THE CALENDAR YEAR IN WHICH THE ADJUSTMENT IS MADE.

(II)  UPON CALCULATING THE ADJUSTMENT OF SAID DOLLAR AMOUNT IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH (c), THE EXECUTIVE DIRECTOR SHALL NOTIFY IN WRITING THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL CREATED PURSUANT TO SECTION 2­3­301 (1), C.R.S., OF THE ADJUSTED DOLLAR AMOUNT AND THE BASIS FOR THE ADJUSTMENT. SUCH WRITTEN NOTIFICATION SHALL BE GIVEN WITHIN FIVE WORKING DAYS AFTER SUCH CALCULATION IS COMPLETED, BUT SUCH WRITTEN NOTIFICATION SHALL BE GIVEN NO LATER THAN OCTOBER 1 OF THE CALENDAR YEAR.

(III)  IT IS THE FUNCTION OF THE EXECUTIVE COMMITTEE TO REVIEW AND APPROVE OR DISAPPROVE SUCH ADJUSTMENT OF SAID DOLLAR AMOUNT WITHIN TWENTY DAYS AFTER RECEIPT OF SUCH WRITTEN NOTIFICATION FROM THE EXECUTIVE DIRECTOR. ANY ADJUSTMENT THAT IS NOT APPROVED OR DISAPPROVED BY THE EXECUTIVE COMMITTEE WITHIN SAID TWENTY DAYS SHALL BE AUTOMATICALLY APPROVED; EXCEPT THAT, IF WITHIN SAID TWENTY DAYS THE EXECUTIVE COMMITTEE SCHEDULES A HEARING ON SUCH ADJUSTMENT, SUCH AUTOMATIC APPROVAL SHALL NOT OCCUR UNLESS THE EXECUTIVE COMMITTEE DOES NOT APPROVE OR DISAPPROVE SUCH ADJUSTMENT AFTER THE CONCLUSION OF SUCH HEARING. ANY HEARING CONDUCTED BY THE EXECUTIVE COMMITTEE PURSUANT TO THIS SUBPARAGRAPH (III) SHALL BE CONCLUDED NO LATER THAN TWENTY­FIVE DAYS AFTER RECEIPT OF SUCH WRITTEN NOTIFICATION FROM THE EXECUTIVE DIRECTOR.

(IV) (A)  IF THE EXECUTIVE COMMITTEE DISAPPROVES ANY ADJUSTMENT OF SAID DOLLAR AMOUNT CALCULATED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS SECTION, THE EXECUTIVE COMMITTEE SHALL SPECIFY SUCH ADJUSTED DOLLAR AMOUNT TO BE UTILIZED BY THE EXECUTIVE DIRECTOR. ANY ADJUSTED DOLLAR AMOUNT SPECIFIED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS SUB­SUBPARAGRAPH (A) SHALL BE CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH (c).

(B)  FOR THE PURPOSE OF DETERMINING WHETHER THE CREDIT AUTHORIZED BY SUBSECTION (1) OF THIS SECTION IS TO BE ALLOWED FOR ANY GIVEN INCOME TAX YEAR, THE EXECUTIVE DIRECTOR SHALL NOT UTILIZE ANY ADJUSTED DOLLAR AMOUNT THAT HAS NOT BEEN APPROVED PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH (c) OR OTHERWISE SPECIFIED PURSUANT TO SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (IV).

(V)  IF ONE OR MORE BALLOT QUESTIONS 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, THAT SEEK AUTHORIZATION FOR THE STATE TO RETAIN AND SPEND ALL OR ANY PORTION OF THE AMOUNT OF EXCESS REVENUES FOR THE STATE FISCAL YEAR ENDING DURING SAID CALENDAR YEAR, THE EXECUTIVE DIRECTOR SHALL NOT DETERMINE WHETHER THE CREDIT AUTHORIZED BY SUBSECTION (1) OF THIS SECTION SHALL BE ALLOWED AND SHALL NOT PROMULGATE RULES CONTAINING SAID CREDIT UNTIL THE IMPACT OF THE RESULTS OF SAID ELECTION ON THE AMOUNT OF THE EXCESS STATE REVENUES TO BE REFUNDED IS ASCERTAINED.".

Page 4, after line 25, insert the following:

"SECTION 3.  Article 77 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

24­77­103.7.  Refunds of excess state revenues.  IF, THROUGH ONE OR MORE MECHANISMS UTILIZED PURSUANT TO LAW TO REFUND STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING FOR ANY GIVEN FISCAL YEAR, THE AMOUNT OF STATE REVENUES ACTUALLY REFUNDED DURING ANY GIVEN FISCAL YEAR EXCEEDS THE AMOUNT OF STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING FOR THE IMMEDIATELY PRECEDING FISCAL YEAR REQUIRED TO BE REFUNDED, AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE AMOUNT OF STATE REVENUES ACTUALLY REFUNDED AND THE AMOUNT OF STATE REVENUES FROM THE IMMEDIATELY PRECEDING FISCAL YEAR REQUIRED TO BE REFUNDED SHALL BE A REFUND OF STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING FOR THE FISCAL YEAR IN WHICH SAID STATE REVENUES WERE REFUNDED.".

Renumber succeeding sections accordingly.

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: HB99-1345

Approp- After consideration on the merits, the committee recommends that HB99-1373 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 3, line 2, after "WAIVER", insert "THAT IS COST­NEUTRAL TO THE STATE GENERAL FUND".

Page 4, line 8, strike "NECESSARY WAIVERS" and substitute "ANY NECESSARY WAIVER";

line 14, strike "WAIVER AND ANY EXTENSION THERETO." and substitute "WAIVER.".

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: HB99-1381

MESSAGE FROM THE HOUSE:

April 30, 1999

Mr. President:

The House has voted to concur in the Senate amendments to HB99-1325 and has repassed the bill as so amended.

April 30, 1999

Mr. President:

The House has voted to concur in the Senate amendments to HB99-1095, 1116, 1146, 1208, 1223, 1270, 1279 and 1333 and has repassed the bills as so amended.

he House has voted not to concur in the Senate amendments to HB99-1311 and requests that a conference committee be appointed. The Speaker has appointed Representatives Spradley, chairman, McPherson, and Saliman as House conferees on the First Conference Committee on HB99-1311. The bill is transmitted herewith.

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

HJR 99-1057 by Representatives Tool, Bacon, Johnson, and Kaufman; also Senators Reeves and Matsunaka--Concerning honoring the Colorado State University women's basketball team.

Laid over one day under Senate Rule 30(e), and placed on the calendar of Monday, May 3.

APPOINTMENTS TO CONFERENCE COMMITTEES

HB 99-1115 by Rep. Kaufman; Senator Wham--Domestic Violence

The President appointed Senators Wham, Chairman, Dennis and Perlmutter as Senate Conferees on the First Conference Committee on HB99-1115.

HB 99-1235 by Rep. Veiga; Senator Wham--DNA Testing Of All Convicts

The President appointed Senators Wham, Chairman, Lacy and Perlmutter as Senate Conferees on the First Conference Committee on HB99-1235.

HB 99-1260 by Rep. Tool; Senator Anderson--Sex Offenders

The President appointed Senators Anderson, Chairman, Wham and Perlmutter as Senate Conferees on the First Conference Committee on HB99-1260.

HB 99-1278 by Rep. T. Williams; Senator Lamborn--Administrative Hearing Procedures

The President appointed Senators Lamborn, Chairman, Anderson and Dyer as Senate Conferees on the First Conference Committee on HB99-1278.

HB 99-1337 by Rep. Hagedorn ; Senator Teck--Electronic Transactions

The President appointed Senators Teck, Chairman, Wattenberg and Phillips as Senate Conferees on the First Conference Committee on HB99-1337.

_________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 15(c) was suspended for Consideration of Special Orders.

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB99-1329, 99-1332, 99-1102, 99-1339, 99-1351, 99-1353, 99-1369, 99-1377, 99-1372, 99-1375, 99-1336 were made Special Orders at 3:03 p. m..

__________________________

Committee The hour of 3:03 p.m. having arrived, Senator Wattenberg moved that the Senate resolve

of the itself into Committee of the Whole for consideration of Special Orders and Senator

Whole Wattenberg was called to the Chair to act as Chairman.

SPECIAL ORDERS--SECOND READING OF BILLS--3:03 P. M.

The Committee of the Whole having risen, the Chairman reported that the following bills, reading at length having been dispensed with by unanimous consent, had been considered and action taken thereon as follows:

HB 99-1329 by Rep. Dean; Senator Lacy--Regulation Of Bail Bonding Agents

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

HB 99-1332 by Rep. Taylor; Senator Blickensderfer--Tuition Assistance For Colo Nat'l Guard

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

HB 99-1102 by Rep. Young; Sen. Teck--Public/Private Coordinate Telecom

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, April 27, pages 994-996.)

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

HB 99-1339 by Rep. Pfiffner; Senator Teck--Entities For Children Prop Tax Exempt

Amendment No. 1, Finance Committee Amendment

(Printed in Senate Journal, April 28, page 1032.)

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

HB 99-1351 by Rep. Mitchell; Senator Teck--Regional Haze Pollution

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

HB 99-1353 by Rep. Gotlieb; Senator Wham--Out­of­state Offender Notification

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, April 28, pages 1034-1035.)

Amendment No. 2, by Senator Wham

Amend reengrossed bill, page 6, strike lines 5 and 6, and substitute the following:

"(b)  FOR ALL UNSUPERVISED PERSONS AND FOR SUPERVISED PERSONS THAT THE ADMINISTRATOR OF THE INTERSTATE COMPACT ACCEPTS FOR PLACEMENT IN A PRIVATE TREATMENT PROGRAM, THE".

Page 7, line 14, strike "SHALL" and substitute "MAY";

strike lines 16 and 17, and substitute the following:

"IDENTIFICATION.".

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

HB 99-1369 by Rep. Scott; Senator Lacy--State Pension Obligation Notes

Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment

(Printed in Senate Journal, April 28, page 1035.)

Amendment No. 2, by Senator Lacy

Amend the committee amendment, as printed in Senate Journal, April 28, page 1035, strike lines 69 and 70, and substitute the following:

"THIS SECTION MAY PLEDGE FOR THE REPAYMENT OF SUCH NOTES MONEYS IN THE SEPARATE ACCOUNT FOR UNALLOCATED STATE FUNDS MAINTAINED UNDER PARAGRAPH (a) OF THIS SUBSECTION (2) INTO WHICH PROCEEDS FROM THE ISSUANCE OF SUCH NOTES WERE DEPOSITED.".

Amendment No. 3, by Senator Lacy

Amend reengrossed bill, page 2, line 21, strike "AND".