SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
43rd Legislative Day Wednesday, February
17, 1999
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Rev. Glen Hamlyn, Rocky
Mountain Cathedral, Denver.
Roll Call Present--Total, 31.
Absent/Excused--Congrove, Lacy, Weddig--Total, 3.
Vacancy--Total, 1.
Present later--Congrove, Lacy, Weddig.
Quorum The President announced a quorum present.
Reading of On motion of Senator Musgrave, reading of the Journal of February 16th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 99-202, 203.
Services
Correctly enrolled: SJR 99-11.
THIRD READING OF BILL--FINAL PASSAGE
On Third Reading, the title of the following bill
was publicly read, the reading at length having been dispensed
with by unanimous consent:
SB 99-174 by Sen. Grampsas--Repeal Sale Of ID Photos
A majority of those elected to the Senate having voted in the affirmative, Senator Arnold
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1, by Senator Arnold
Amend engrossed bill, page 4, after line 6, insert the following:
"(d) THE DEPARTMENT OF REVENUE SHALL MAKE EVERY
EFFORT TO RETRIEVE ALL COPIES OF PHOTOGRAPHS, ELECTRONICALLY STORED
PHOTOGRAPHS, OR DIGITIZED IMAGES THAT MAY HAVE BEEN SOLD BY THE
DEPARTMENT UNDER SUBSECTION (3) OF THIS SECTION.".
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 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | Y |
Arnold | Y | Vacancy | * | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | Y | Owen | Y | Thiebaut | Y |
Chlouber | Y | Hillman | Y | Pascoe | Y | Wattenberg | Y |
Congrove | E | Lacy | Y | Perlmutter | Y | Weddig | E |
Dennis | Y | Lamborn | Y | Phillips | Y | Wham | Y |
Dyer | Y | Linkhart | Y | Reeves | Y | Mr. President |
Y |
Epps | Y | Martinez | Y | Rupert | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill,
as amended, was declared PASSED.
Vacancy (*) shown as "Excused".
Committee On motion of Senator Hillman, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Hillman 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:
SB 99-156 by Sen. Musgrave; Rep. McKay--Carrying
Concealed Weapons
Laid over until Friday, February 19, retaining
its place on the calendar.
SB 99-091 by Sen. Hillman--County Land Use Regulation
Referendum
Laid over until Thursday, February 18, retaining
its place on the calendar.
SB 99-159 by Sen. Musgrave; Rep. Mitchell--Marriages
Between One Man & One Woman
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 99-014 by Sen. Lamborn; Rep. McElhany--Preempt
Local Minimum Wage Laws
Amendment No. 1, Local Government Committee Amendment
(Printed in Senate Journal, January 29, pages 136-137.)
Amendment No. 2, by Senator Lamborn
Amend the committee amendment, as printed in Senate Journal, January 29,
page 136, line 55, strike "line 7, strike
"(a)".
Amendment No. 3, by Senator Lamborn
Amend printed bill, page 2, strike line 7 and substitute the following:
"ORDINANCE WITH RESPECT TO MINIMUM WAGES";
after line 10, insert the following:
"(II.5) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH
(II) OF THIS PARAGRAPH (g), ANY LOCAL GOVERNMENT REGULATION OR
LAW PERTAINING TO MINIMUM WAGES IN EFFECT AS OF JANUARY 1, 1999,
SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL SUCH LAW IS REPEALED
BY THE LOCAL GOVERNMENT ENTITY THAT ENACTED THE LAW.".
Page 3, after line 12, insert the following:
"(b) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH
(a) OF THIS SUBSECTION (3), ANY LOCAL GOVERNMENT REGULATION OR
LAW PERTAINING TO MINIMUM WAGES IN EFFECT AS OF JANUARY 1, 1999,
SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL SUCH LAW IS REPEALED
BY THE LOCAL GOVERNMENT ENTITY THAT ENACTED THE LAW.".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-170 by Sen. Phillips; Rep. Kaufman--Citizen
Fin Protection For Y2K Problems
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, February 5, pages 167-168.)
Amendment No. 1, by Senator Phillips
Amend the committee amendment, as printed in Senate Journal,
February 5, page 168, line 7, strike "AS TO" and substitute
"AGAINST";
line 9 of the committee amendment, strike "AFFIRMATIVE DEFENSE
IS GRANTED BY THE" and substitute "COURT DISMISSED THE
CASE AS A RESULT OF THE AFFIRMATIVE DEFENSE.";
line 10 of the committee amendment, strike "COURT.";
line 11 of the committee amendment, strike "GRANTING OF THE
AFFIRMATIVE" and substitute "DISMISSAL OF THE CASE";
line 12 of the committee amendment, strike "DEFENSE";
strike lines 14 and 15 of the committee amendment;
line 21 of the committee report, strike "and 16" and
substitute "through 26";
line 23 of the committee amendment, strike "(5) THE
GRANTING" and substitute "(4) THE DISMISSAL
OF AN ACTION AS THE RESULT";
line 28 of the committee report, strike "SECTION.";"
and substitute "SECTION.";
after line 28 of the committee report, insert the following:
"(5) AN INDIVIDUAL WHO HAS ESTABLISHED AN AFFIRMATIVE
DEFENSE AS SET FORTH IN SUBSECTION (1) OF THIS SECTION MAY DISPUTE
DIRECTLY WITH A CREDIT REPORTING AGENCY OPERATING IN THIS STATE
ANY ITEM OF INFORMATION IN THE INDIVIDUAL'S CONSUMER FILE RELATING
TO THE SUBJECT OF THE AFFIRMATIVE DEFENSE. THE CREDIT REPORTING
AGENCY SHALL COMPLY WITH THE REQUIREMENTS OF THE "COLORADO
CONSUMER CREDIT REPORTING ACT", SECTIONS 1214.3101
TO 1214.3109, C.R.S., AND THE FEDERAL "FAIR CREDIT
REPORTING ACT" IN RESPONDING TO THE DISPUTE. IF REQUESTED
BY THE INDIVIDUAL PURSUANT TO THIS SUBSECTION (5), THE CREDIT
REPORTING AGENCY SHALL INCLUDE A STATEMENT OF NO MORE THAN ONE
HUNDRED WORDS IN THE INDIVIDUAL'S CONSUMER FILE IF EITHER THE
STATEMENT IS AN EXPLANATION REGARDING AN ITEM OF INFORMATION THAT
THE CONSUMER REPORTING AGENCY DENIES IS INACCURATE OR IF THE STATEMENT
CONCERNS THE CONTENT OF THE INDIVIDUAL'S CONSUMER FILE. THE CREDIT
REPORTING AGENCY SHALL NOT CHARGE THE INDIVIDUAL A FEE FOR THE
INCLUSION OF THIS STATEMENT IN THE INDIVIDUAL'S CONSUMER FILE.
(6) THIS SECTION SHALL APPLY ONLY TO CAUSES OF ACTION
ACCRUING ON OR AFTER JANUARY 1, 2000.".";
strike line 30 of the committee amendment.
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-118 by Sen. Epps; Rep. Alexander--Alcohol Beverage
Tastings
Laid over until Thursday, February 18, retaining
its place on the calendar.
SB 99-168 by Sen. Martinez; Rep. Tate--Colorado Employment
Discrimination Laws
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, February10, page 226.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-106 by Sen. Phillips; Rep. Gotlieb--Prohibit
Hazing
Laid over until Friday, February 19, retaining its
place on the calendar.
SB 99-120 by Sen. Weddig; Rep. Alexander--Prescription
Processing Requirements
Laid over until Thursday, February 18, retaining
its place on the calendar.
SB 99-161 by Sen. Tebedo; Rep. Berry--Work Comp Reduction
For Drugs & Alcohol
Laid over until Monday, February 22, retaining its
place on the calendar.
SB 99-070 by Sen. Powers; Rep. Ament--Environmental
Audit Privilege
Laid over until Thursday, February 18, retaining
its place on the calendar.
SB 99-072 by Sen. Nichol; Rep. Kaufman--Access To
Ballot By Petition
Laid over until Monday, February 22, retaining its
place on the calendar.
SB 99-004 by Sen. Powers; Rep. Pfiffner--Regulation
Of Nonprofit State Activities
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, February 11, page 240.)
Amendment No. 2, by Senator Powers
Amend the committee amendment, as printed in Senate Journal, February
11, page 240, strike lines 64 and 65 and substitute the following:
"Amend printed bill, page 5, line 20, strike "SECTION"
and substitute "SECTIONS";
line 21, strike "C.R.S.," and substitute "235121,
C.R.S., AND".".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-172 by Sen. Lacy; Rep. Tool--Tobacco Litigation
Settlement Fund
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, February 10, page 233.)
Amendment No. 2, by Senator Lacy
Amend printed bill, page 4, strike lines 22 through 26.
Page 5, strike lines 1 through 3 and substitute the following:
"(j) (I) THE MONEYS RECEIVED BY THE STATE
IN ACCORDANCE WITH SAID MASTER SETTLEMENT AGREEMENTS AND SAID
CONSENT DECREE ARE IN SETTLEMENT OF NINE STATUTORY CLAIMS FOR
RELIEF MADE BY THE STATE AGAINST DEFENDANTS IN SAID ACTION, THREE
OF WHICH WERE BASED UPON VIOLATIONS OF THE "COLORADO CONSUMER
PROTECTION ACT", TWO OF WHICH WERE BASED UPON VIOLATIONS
OF THE "COLORADO ORGANIZED CRIME CONTROL ACT", TWO OF
WHICH WERE BASED UPON VIOLATIONS OF STATE PUBLIC NUISANCE STATUTES,
AND ONLY ONE OF WHICH WAS BASED UPON VIOLATIONS OF THE "COLORADO
ANTITRUST ACT OF 1992" AND THE IMPACT OF SUCH VIOLATIONS
ON INCREASED HEALTH CARE COSTS AND EXPENDITURES OF THE STATE;
AND
(II) THE STATE WILL TAKE ANY LEGAL ACTION NECESSARY
TO OPPOSE ANY CLAIM OF THE FEDERAL GOVERNMENT TO ANY PORTION OF
THE MONEYS RECEIVED BY THE STATE IN ACCORDANCE WITH SAID MASTER
SETTLEMENT AGREEMENTS AND SAID CONSENT DECREES FOR CLAIMS NOT
RELATED TO SUCH INCREASED HEALTH CARE COSTS AND EXPENDITURES AND
FOR ANY AMOUNT OF SUCH MONEYS IN EXCESS OF FEDERAL PAYMENTS MADE
FOR SUCH INCREASED HEALTH CARE COSTS AND EXPENDITURES;".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-080 by Sen. Lamborn--Viable Child Protection
Act
Laid over until Monday, February 22, retaining its
place on the calendar.
SB 99-099 by Sen. Anderson; Rep. Taylor--Real Estate
Division And Commission
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, February 12, pages
247-249.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-143 by Sen. Perlmutter; Rep. Kaufman--Consumer
Protection Act
Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment
(Printed in Senate Journal, February 12, pages 255-256.)
As amended, laid over until Thursday, February
18, retaining its place on the calendar.
HB 99-1055 by Rep. Taylor; Senator Reeves--Annual
Reports Colorado State Fair
Ordered revised and placed on the calendar for
Third Reading and Final Passage.
HB 99-1054 by Rep. Gotlieb; Senator Chlouber--Water
Conservation Sunset Dates
Ordered revised and placed on the calendar for
Third Reading and Final Passage.
HB 99-1053 by Rep. Johnson; Senator Dennis--Federal
Safe Drinking Water Act
Ordered revised and placed on the calendar for
Third Reading and Final Passage.
SB 99-160 by Sen. Dyer; Rep. Kaufman--Dereg Of UCCC
Rates Charges & Fees
Laid over until Friday, February 19, retaining its
place on the calendar.
SB 99-001 by Sen. Powers; Rep. Leyba--Western Presidential
Primary Election
Laid over until Thursday, February 18, retaining
its place on the calendar.
SB 99-009 by Sen. Evans; Rep. Sullivant--Alt Fuels
Tax Exemption Credit & Rebate
Amendment No. 1, by Senator Evans
Amend printed bill, page 3, line 10, after "AGENCY",
insert "OR ANY STATE AS PROVIDED IN THE "FEDERAL CLEAN
AIR ACT"".
Page 6, after line 3, insert the following:
"SECTION 4. 292106 (4)
(a), Colorado Revised Statutes, is amended to read:
292106. Collection administration
enforcement. (4) (a) The executive
director of the department of revenue shall, at no charge, administer,
collect, and distribute the sales tax of any home rule municipality,
upon request of the governing body of such municipality, if the
provisions of the sales tax ordinance of said municipality, other
than those provisions relating to local procedures followed in
adopting the ordinance and whether or not the ordinance applies
the sales tax to the sale of food, as defined in section 3926102
(4.5), C.R.S., or purchases of machinery or machine tools as provided
in section 3926114 (11), C.R.S., or sales or purchases
of electricity, coal, wood, gas, fuel oil, or coke as provided
in section 3926114 (1) (a) (XXI), C.R.S., OR SALES
OF LOWEMITTING MOTOR VEHICLES, POWER SOURCES, OR PARTS USED
FOR CONVERTING SUCH POWER SOURCES AS SPECIFIED IN SECTION 3926114
(20), C.R.S., correspond to the requirements of this article for
sales taxes imposed by counties, towns, and cities and if no use
tax is to be collected by the department except as provided in
section 3926208, C.R.S. At the time of making such
request, said governing body shall certify to the executive director
of the department of revenue a true copy of said sales tax ordinance.".
Renumber succeeding sections accordingly.
As amended, ordered engrossed and placed on the
calendar for Third Reading and Final Passage.
SB 99-012 by Sen. Rupert; Rep. Paschall--Individual
Responsibility Contracts
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, January 18, page 67.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-034 by Sen. Musgrave; Rep. May--Qualifying
For Unemployment Benefits
Laid over until Thursday, February 18, retaining
its place on the calendar.
SB 99-050 by Sen. Arnold; Rep. Mitchell--Sentencing
Serious Offenders
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, January 22, pages 91-92.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-074 by Sen. Powers--Child Care Check Off Extension
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, January 26, pages 108-109.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-141 by Sen. Pascoe; Rep. Tochtrop--Referrals
To Specialists & 2nd Opinions
Laid over until Thursday, February 18, retaining
its place on the calendar.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Hillman, 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:
SB99-159; HB99-1055, 99-1054, 99-1053 declared passed on Second Reading.
SB99-014, as amended, 99-170, as amended, 99-168, as amended, 99-172, as amended,
99-004, as amended, 99-099, as amended, 99-009, as amended, 99-012, as amended,
99-050, as amended, 99-074, as amended, declared passed on Second Reading.
SB99-091, 99-118, 99-120, 99-070, 99-001, 99-034, 99-141, laid over until Thursday,
February 18, retaining their place on the calendar.
SB99-143, as amended, laid over until Thursday, February 18, retaining its place on the
calendar.
SB99-156, 99-106, 99-160 laid over until Friday, February 19, retaining their place on the
calendar.
SB99-161, 99-072, 99-080 laid over until Monday,
February 22, retaining their place on the calendar.
COMMITTEE OF REFERENCE REPORTS
Judiciary After consideration on the merits, the
committee recommends that SB99-155 be amended
as follows and, as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, line 5, strike "UNION."
and substitute "UNION AND WRITTEN NOTIFICATION OF THE INTENT
TO ENGAGE IN COORDINATED BARGAINING HAS BEEN PROVIDED TO THE UNION.";
line 8, strike "MATERIALS" and substitute "MATERIALS,
PROPERTY,".
Page 3, line 22, strike "to" and substitute "to:";
strike lines 23 and 24 and substitute the following:
"already possess
(I) REDUCE THE BASE HOURLY WAGE, MILEAGE, OR PIECE
RATE OF A MAJORITY OF ITS LOCKED-OUT EMPLOYEES;
(II) REDUCE THE EMPLOYER'S CONTRIBUTION TO THE HEALTH BENEFIT
PLAN FOR A MAJORITY OF THE LOCKED-OUT EMPLOYEES; OR
(III) REDUCE THE PENSION BENEFIT LEVEL FOR A MAJORITY OF THE
LOCKED-OUT EMPLOYEES.".
Judiciary After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: HB99-1094
Judiciary After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee on Capital Development: SB99-199
:
Judiciary After consideration on the merits, the
committee recommends that SB99-150 be amended
as follows and, as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 2, line 7, after "MARKET;",
insert "AND";
line 10, strike "LOSS; AND" and substitute "LOSS.";
strike lines 11 through 13.
Page 5, strike lines 8 through 26.
Page 6, strike lines 1 through 14;
line 15, strike "1321606." and substitute
"1321605.";
strike lines 21 and 22 and substitute the following:
"UNDER THIS PART 6.".
Page 7, after line 7, insert the following:
"(5) A THIRD PARTY SHALL NOT PAY DAMAGES AWARDED UNDER THIS
PART 6 OR PROVIDE A DEFENSE OR MONEY FOR A DEFENSE ON BEHALF OF
AN INSURED UNDER A CONTRACT OF INSURANCE OR INDEMNIFICATION.";
strike lines 8 through 19 and substitute the following:
"1321606. Comparative negligence.
(1) COMPARATIVE NEGLIGENCE SHALL NOT BE ATTRIBUTED
TO A";
after line 23, insert the following:
"(2) THE BURDEN OF PROVING THE COMPARATIVE NEGLIGENCE
OF THE PLAINTIFF SHALL BE ON THE DEFENDANT BY CLEAR AND CONVINCING
EVIDENCE.".
Renumber succeeding C.R.S. sections accordingly.
Page 10, strike lines 3 through 7 and substitute the following:
"(2) FOR A".
Finance After consideration on the merits, the committee recommends that HB99-1014 be
amended as follows, and as so amended, be referred
to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 1, strike lines 2 through 7.
Page 2, strike lines 1 through 7.
Renumber succeeding sections accordingly.
Trans- After consideration on the merits, the committee recommends that the following be
portation referred favorably to the Committee of
the Whole: SB99-063
Trans- After consideration on the merits, the committee recommends that SB99-129 be
portation amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend printed bill, page 3, strike lines 7 through 9 and substitute
the following:
"SHALL TIMELY DELIVER THE CITATION TO THE LOCAL LAW ENFORCEMENT
AGENCY FOR THE JURISDICTION IN WHICH THE ACCUSED PERSON IS LOCATED
AT THE TIME THE THEFT IS DISCOVERED. THIS LOCAL LAW ENFORCEMENT
AGENCY SHALL TRANSMIT THE CITATION TO THE CLERK OF THE APPROPRIATE
COUNTY COURT FOR PURPOSES OF ENFORCEMENT AND PROSECUTION OF THE
VIOLATION OF THIS SECTION. THE PUBLIC TRANSPORTATION ENTITY SHALL
ALSO DELIVER A COPY OF THE CITATION TO THE DISTRICT ATTORNEY FOR
THE COUNTY ON BEHALF OF WHICH THE CITATION IS ISSUED PURSUANT
TO THIS PARAGRAPH (c).".
Trans- After consideration on the merits, the committee recommends that SB99-040 be
portation amended as follows and, as so amended, be referred to the Committee on Appropriations
with favorable recommendation:
Amend printed bill, page 3, strike lines 10 through 12, and substitute
the following:
"MODES OF TRANSPORTATION AS DEVELOPED PURSUANT TO SECTION
4311103; AND".
Trans- After consideration on the merits, the committee recommends that SB99-097 be
portation 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. 423134, Colorado
Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION
to read:
(22.5) (a) THE OWNER OF CLASS F SPECIAL MOBILE
MACHINERY AND SELFPROPELLED CONSTRUCTION EQUIPMENT BASED
IN COLORADO THAT DESIRES TO OPERATE SUCH MACHINERY OR EQUIPMENT
IN ANOTHER STATE SHALL RECEIVE A CREDIT AGAINST THE FULL AMOUNT
OF THE ANNUAL REGISTRATION FEE ASSESSED AGAINST SUCH MACHINERY
OR EQUIPMENT PURSUANT TO THIS SECTION FOR THE CALENDAR YEAR SUBSEQUENT
TO THE CALENDAR YEAR DURING WHICH SUCH MACHINERY OR EQUIPMENT
IS RETURNED TO COLORADO AFTER OPERATION IN ANOTHER STATE IN ACCORDANCE
WITH THE PROVISIONS OF THIS SUBSECTION (22.5).
(b) THE OWNER OF CLASS F SPECIAL MOBILE MACHINERY AND
SELFPROPELLED CONSTRUCTION EQUIPMENT BASED IN A STATE OTHER
THAN COLORADO THAT DESIRES TO OPERATE SUCH MACHINERY OR EQUIPMENT
WITHIN THE STATE OF COLORADO SHALL RECEIVE FROM THE CLERK OF THE
COUNTY WHERE SUCH MACHINERY OR EQUIPMENT IS REGISTERED A REFUND
FOR THE PROPORTIONATE SHARE OF THE ANNUAL REGISTRATION FEE ASSESSED
AGAINST SUCH MACHINERY OR EQUIPMENT PURSUANT TO THIS SECTION FOR
THE CALENDAR YEAR SUBSEQUENT TO THE CALENDAR YEAR DURING WHICH
SUCH MACHINERY OR EQUIPMENT IS OPERATED WITHIN THE STATE OF COLORADO
IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBSECTION (22.5).
(c) IN ORDER TO OBTAIN THE CREDIT PURSUANT TO PARAGRAPH
(a) OF THIS SUBSECTION (22.5), OR THE REFUND PURSUANT TO PARAGRAPH
(b) OF THIS SUBSECTION (22.5), THE OWNER OF THE SPECIAL MOBILE
MACHINERY OR SELFPROPELLED CONSTRUCTION EQUIPMENT FOR WHICH
THE CREDIT OR REFUND IS SOUGHT SHALL:
(I) REGISTER SUCH MACHINERY OR EQUIPMENT IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION; AND
(II) OBTAIN FROM A PORT OF ENTRY STATION OF THE DEPARTMENT
PROOF OF PORTS OF ENTRY CLEARANCE UPON EITHER THE REMOVAL OF THE
MACHINERY OR EQUIPMENT FROM, OR THE INTRODUCTION INTO, THE STATE
OF COLORADO, AS THE CASE MAY BE, BY MEANS OF SUCH DOCUMENTATION
AS MAY CUSTOMARILY BE PROVIDED BY THE DEPARTMENT FOR SUCH PURPOSES.
(d) IN THE CASE OF AN OWNER OF CLASS F SPECIAL MOBILE
MACHINERY OR SELFPROPELLED CONSTRUCTION EQUIPMENT BASED
IN COLORADO, THE PORT OF ENTRY STATION SHALL TRANSMIT THE DOCUMENTATION
PROVIDED PURSUANT TO THIS SUBSECTION (22.5) TO THE COUNTY IN WHICH
SUCH MACHINERY OR EQUIPMENT IS REGISTERED FOR PURPOSES OF THIS
SECTION.
(e) IF THE OWNER OF THE CLASS F SPECIAL MOBILE MACHINERY
OR SELFPROPELLED CONSTRUCTION EQUIPMENT FOR WHICH THE CREDIT
IS SOUGHT SELLS OR TRADESIN THE SAME BEFORE THE EXPIRATION
OF THE CALENDAR YEAR FOR WHICH THE REGISTRATION FEE FOR SUCH MACHINERY
OR EQUIPMENT HAS BEEN PAID PURSUANT TO THIS SECTION, THE OWNER
OF SUCH MACHINERY OR EQUIPMENT SHALL BE ALLOWED TO APPLY THE CREDIT
PURSUANT TO THIS SUBSECTION (22.5) OF THIS SECTION TO ANOTHER
PIECE OF CLASS F SPECIAL MOBILE MACHINERY OR SELFPROPELLED
CONSTRUCTION EQUIPMENT OWNED BY THAT OWNER AND REQUIRED TO BE
REGISTERED PURSUANT TO THIS SECTION. TO OBTAIN THE CREDIT IN
SUCH CIRCUMSTANCES, THE OWNER SHALL PROVIDE SUCH DOCUMENTATION
AS MAY BE REQUIRED BY THE DEPARTMENT.
SECTION 2. Effective date. This
act shall take effect January 1, 2000.
SECTION 3. Safety clause. The
general assembly hereby finds, determines, and declares that this
act is necessary for the immediate preservation of the public
peace, health, and safety.".
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee of the Whole: HB99-1063
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee of the Whole: HB99-1062
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be Veterans, referred to the Senate for final action: SJR99-010
and Military
Affairs
INTRODUCTION OF BILL--FIRST READING
The following bill was read by title and referred
to the committees indicated:
SB 99-204 by Senator Tebedo; also Representative McElhany--Concerning recommendations of the senate state, veterans, and military affairs committee related to the continuation of requirements for certain reports to the general assembly from executive agencies under title 24 to part 1 of article 32, Colorado Revised Statutes.
State, Veterans, & Military Affairs
SIGNING OF BILLS
The President has signed: HB99-1106.
On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Thursday,
February 18, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate