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