Amendments for HB13-1229

House Journal, February 15
47 Amendment No. 1, Appropriations Report, dated February 14, 2013, and
48 placed in member's bill file; Report also printed in House Journal,
49 February 14, 2013, page 287.
50
51 Amendment No. 2, by Representative(s) McCann.
52
53 Amend printed bill, page 5, line 27, after "FISHING," insert "TARGET
54 SHOOTING,".
55
56 Page 6, line 1, after "FISHING," insert "TARGET SHOOTING,".
1 Page 6, line 4, after "FISHING," insert "TARGET SHOOTING,".
2
3 Amendment No.3, by Representative(s) Fields.
4
5 Amend printed bill, page 5, line 17, strike "OR".
6
7 Page 6, line 4, strike "TRAPPING." and substitute "TRAPPING; OR
8 (f) A TRANSFER OF A FIREARM THAT IS MADE TO FACILITATE THE
9 REPAIR OR MAINTENANCE OF THE FIREARM; EXCEPT THAT THIS PARAGRAPH
10 (f) DOES NOT APPLY UNLESS ALL PARTIES WHO POSSESS THE FIREARM AS
11 A RESULT OF THE TRANSFER MAY LEGALLY POSSESS A FIREARM.".
12
13 As amended, ordered engrossed and placed on the Calendar for Third
14 Reading and Final Passage.
15

Senate Journal, March 5
After consideration on the merits, the Committee recommends that HB13-1229 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.

Amend reengrossed bill, page 3, line 5, strike "penalty." and substitute
"penalty - definitions.".
Page 3, line 5, after "(1)" insert "(a)".

Page 3, line 9, strike "(a)" and substitute "(I)".

Page 3, line 12, strike "(b)" and substitute "(II)".

Page 3, after line 14 insert:

"(b) AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES
OTHERWISE, "TRANSFEREE" MEANS A PERSON WHO DESIRES TO RECEIVE
OR ACQUIRE A FIREARM FROM A TRANSFEROR. IF A TRANSFEREE IS NOT A
NATURAL PERSON BUT A CORPORATION, ASSOCIATION, PARTNERSHIP, OR
LIMITED LIABILITY COMPANY OR TRUST, THE REQUIREMENT DESCRIBED IN
THIS SUBSECTION (1) SHALL BE INTERPRETED TO REQUIRE A BACKGROUND
CHECK OF EACH MEMBER, PARTNER, OFFICER, OR OTHER PERSON WHO
HOLDS A BENEFICIAL INTEREST IN THE CORPORATION, ASSOCIATION,
PARTNERSHIP, OR LIMITED LIABILITY COMPANY OR TRUST.".

Page 4, line 2, after "TRANSFEROR" insert "AND TRANSFEREE".

Page 5, strike lines 3 through 6 and substitute:
"(b) A TRANSFER THAT IS A BONA FIDE GIFT BETWEEN IMMEDIATE
FAMILY MEMBERS, WHICH ARE LIMITED TO SPOUSES, PARENTS, CHILDREN,
SIBLINGS, GRANDPARENTS, GRANDCHILDREN, NIECES, NEPHEWS, FIRST
COUSINS, AUNTS, AND UNCLES;".

Page 6, line 7, strike "OR".

Page 6, strike line 11 and substitute:

"A RESULT OF THE TRANSFER MAY LEGALLY POSSESS A FIREARM; OR
(g) ANY TEMPORARY TRANSFER THAT OCCURS WHILE IN THE
CONTINUOUS PRESENCE OF THE OWNER OF THE FIREARM; OR
(h) A TEMPORARY TRANSFER FOR NOT MORE THAN SEVENTY-TWO
HOURS. A PERSON WHO TRANSFERS A FIREARM PURSUANT TO THIS
PARAGRAPH (h) MAY BE JOINTLY AND SEVERALLY LIABLE FOR DAMAGES
PROXIMATELY CAUSED BY THE TRANSFEREE'S SUBSEQUENT USE OF THE
FIREARM.
(7) NOTHING IN SUBSECTION (6) OF THIS SECTION SHALL BE
INTERPRETED TO LIMIT OR OTHERWISE ALTER THE APPLICABILITY OF
SECTION 18-12-111 CONCERNING THE UNLAWFUL PURCHASE OR
TRANSFER OF FIREARMS.".

Renumber succeeding subsection accordingly.

Page 6, line 18, strike "CLERK OF THE COURT" and substitute "STATE
COURT ADMINISTRATOR".

Page 6, strike lines 26 and 27 and substitute:

"SECTION 2. In Colorado Revised Statutes, 13-5-142, amend
(1) introductory portion, (2), (3) introductory portion, (3) (a), and (3) (b)
(II); and add (1.5) and (4) as follows:
13-5-142. National instant criminal background check system
- reporting. (1) Beginning July 1, 2002 ON AND AFTER THE EFFECTIVE
DATE OF THIS SECTION, the clerk of the court of every judicial district in
the state COURT ADMINISTRATOR shall periodically report SEND
ELECTRONICALLY the following information to the national instant
criminal background check system created by the federal "Brady
Handgun Violence Prevention Act" (Pub.L. 103-159), the relevant
portion of which is codified at 18 U.S.C. sec. 922 (t) COLORADO BUREAU
OF INVESTIGATION CREATED PURSUANT TO SECTION 24-33.5-401, C.R.S.,
REFERRED TO WITHIN THIS SECTION AS THE "BUREAU":
(1.5) NOT MORE THAN FORTY-EIGHT HOURS AFTER RECEIVING
NOTIFICATION OF A PERSON WHO SATISFIES THE DESCRIPTION IN
PARAGRAPH (a), (b), OR (c) OF SUBSECTION (1) OF THIS SECTION, THE
STATE COURT ADMINISTRATOR SHALL REPORT SUCH FACT TO THE
BUREAU.
(2) Any report made by the clerk of the court of every judicial
district in the state COURT ADMINISTRATOR pursuant to this section shall
describe the reason for the report and indicate that the report is made in
accordance with 18 U.S.C. sec. 922 (g) (4).
(3) The clerk of the court of every judicial district in the state
COURT ADMINISTRATOR shall take all necessary steps to cancel a record
made by that clerk THE STATE COURT ADMINISTRATOR in the national
instant criminal background check system if:
(a) The person to whom the record pertains makes a written
request to the clerk STATE COURT ADMINISTRATOR; and
(b) No less than three years before the date of the written request:
(II) The period of commitment of the most recent order of
commitment or recommitment expired, or the A court entered an order
terminating the person's incapacity or discharging the person from
commitment in the nature of habeas corpus, if the record in the national
instant criminal background check system is based on an order of
commitment to the custody of the unit in the department of human
services that administers behavioral health programs and services,
including those related to mental health and substance abuse; except that
the clerk STATE COURT ADMINISTRATOR shall not cancel any record
pertaining to a person with respect to whom two recommitment orders
have been entered under section 27-81-112 (7) and (8), C.R.S., or who
was discharged from treatment under section 27-81-112 (11), C.R.S., on
the grounds that further treatment will not be likely to bring about
significant improvement in the person's condition; or".

Page 7, strike lines 1 through 9.

Page 7, line 13, strike "CLERK OF THE COURT" and substitute "STATE
COURT ADMINISTRATOR".

Page 10, strike lines 3 through 16 and substitute:

"(III) IN REVIEWING A DENIAL, THE COURT OF APPEALS HAS
DISCRETION, BUT IS NOT REQUIRED, TO RECEIVE ADDITIONAL EVIDENCE
NECESSARY TO CONDUCT AN ADEQUATE REVIEW.
SECTION 4. In Colorado Revised Statutes, 13-9-123, amend (1)
introductory portion, (2), (3) introductory portion, (3) (a), and (3) (b) (II);
and add (1.5) and (4) as follows:
13-9-123. National instant criminal background check system
- reporting. (1) Beginning July 1, 2002 ON AND AFTER THE EFFECTIVE
DATE OF THIS SECTION, the clerk of the probate court STATE COURT
ADMINISTRATOR shall periodically report SEND ELECTRONICALLY the
following information to the national instant criminal background check
system created by the federal "Brady Handgun Violence Prevention Act",
Pub.L. 103-159, the relevant portion of which is codified at 18 U.S.C.
sec. 922 (t) COLORADO BUREAU OF INVESTIGATION CREATED PURSUANT
TO SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS SECTION AS
THE "BUREAU":
(1.5) NOT MORE THAN FORTY-EIGHT HOURS AFTER RECEIVING
NOTIFICATION OF A PERSON WHO SATISFIES THE DESCRIPTION IN
PARAGRAPH (a), (b), OR (c) OF SUBSECTION (1) OF THIS SECTION, THE
STATE COURT ADMINISTRATOR SHALL REPORT SUCH FACT TO THE
BUREAU.
(2) Any report made by the clerk of the probate court STATE
COURT ADMINISTRATOR pursuant to this section shall describe the reason
for the report and indicate that the report is made in accordance with 18
U.S.C. sec. 922 (g) (4).
(3) The clerk of the probate court STATE COURT ADMINISTRATOR
shall take all necessary steps to cancel a record made by that clerk THE
STATE COURT ADMINISTRATOR in the national instant criminal
background check system if:
(a) The person to whom the record pertains makes a written
request to the clerk STATE COURT ADMINISTRATOR; and
(b) No less than three years before the date of the written request:
(II) The period of commitment of the most recent order of
commitment or recommitment expired, or the court entered an order
terminating the person's incapacity or discharging the person from
commitment in the nature of habeas corpus, if the record in the national
instant criminal background check system is based on an order of
commitment to the custody of the unit in the department of human
services that administers behavioral health programs and services,
including those related to mental health and substance abuse; except that
the clerk STATE COURT ADMINISTRATOR shall not cancel any record
pertaining to a person with respect to whom two recommitment orders
have been entered under section 27-81-112 (7) and (8), C.R.S., or who
was discharged from treatment under section 27-81-112 (11), C.R.S., on
the grounds that further treatment will not be likely to bring about
significant improvement in the person's condition; or".

Page 10, line 20, strike "CLERK OF THE COURT" and substitute "STATE
COURT ADMINISTRATOR".

Page 13, strike lines 10 through 12 and substitute:

"(III) IN REVIEWING A DENIAL, THE COURT OF APPEALS HAS
DISCRETION, BUT IS NOT REQUIRED, TO RECEIVE ADDITIONAL EVIDENCE
NECESSARY TO CONDUCT AN ADEQUATE REVIEW.".


State,
Veterans, &
Military
Affairs

Senate Journal, March 8
HB13-1229 by Representative(s) Fields and McCann; also Senator(s) Carroll--Concerning criminal
background checks performed pursuant to the transfer of a firearm, and, in connection
therewith, making an appropriation.

Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, March 5, page(s) 381-384 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, March 6, page(s) 398-402 and placed in members' bill files.)

Amendment No. 3(L.030), by Senator Carroll.

Amend the Senate State, Veterans, & Military Affairs Committee Report,
dated March 4, 2013, page 2, after line 4 insert:

"Page 5, line 18, strike "THE TRANSFER IS A" and substitute "A".".

Page 2 of the committee report, line 7, strike "OR".


Amendment No. 4(L.033), by Senator Carroll.

Amend the Appropriations Committee Report, dated March 6, 2013,
page 3, line 14, after "Department" insert "of Personnel Capitol Complex leased space
rent proceeds, $47,125 shall be from the Judicial Department, $32,358 shall be from the
Legislative Department, $16,130 shall be from the Department of Law, and $552,955 shall be
from various sources.".


Amendment No. 5(L.034), by Senator Carroll.

Amend the State, Veterans, and Military Affairs Committee Report,
dated March 4, 2013, page 2, line 13, after "SUBSEQUENT" insert
"UNLAWFUL".


Amendment No. 6(L.035), by Senator Balmer.

Amend the State, Veterans, and Military Affairs Committee Report,
dated March 4, 2013, page 2, line 9, strike "OR".

Page 2, line 14, strike "FIREARM." and substitute "FIREARM; OR".

Page 2, after line 14 insert:

"(i) A TRANSFER OF A FIREARM FROM A PERSON SERVING IN THE
ARMED FORCES OF THE UNITED STATES WHO WILL BE DEPLOYED OUTSIDE
OF THE UNITED STATES WITHIN THE NEXT THIRTY DAYS TO ANY FAMILY
MEMBER OR FRIEND OF THE PERSON.".


As amended, ordered revised and placed on the calendar for third reading and final
passage.

(For further action, see amendments to the report of the Committee of the Whole.)



Senate Journal, March 8
HB13-1229 by Representative(s) Fields and McCann; also Senator(s) Carroll--Concerning criminal
background checks performed pursuant to the transfer of a firearm, and, in connection
therewith, making an appropriation.

Senator Carroll moved to amend the Report of the Committee of the Whole to show that the
following amendment to HB13-1229 did pass.

Amend the Balmer floor amendment (HB1229_L.035), page 1, line 7,
strike "FAMILY" and substitute "IMMEDIATE FAMILY MEMBER, WHICH IS
LIMITED TO A SPOUSE, PARENT, CHILD, SIBLING, GRANDPARENT,
GRANDCHILD, NIECE, NEPHEW, FIRST COUSIN, AUNT, AND UNCLE,".

Page 1, line 8, strike "MEMBER OR FRIEND".



Senate Journal, March 8

Senate Journal, March 11
HB13-1229 by Representative(s) Fields and McCann; also Senator(s) Carroll--Concerning criminal
background checks performed pursuant to the transfer of a firearm, and, in connection
therewith, making an appropriation.

A majority of those elected to the Senate having voted in the affirmative, Senator Carroll
was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.039), by Senator Carroll.

Amend revised bill, page 7, after line 6 insert:

"(7) FOR PURPOSES OF PARAGRAPH (f) OF SUBSECTION (6) OF THIS
SECTION:
(a) AN OWNER, MANAGER, OR EMPLOYEE OF A BUSINESS THAT
REPAIRS OR MAINTAINS FIREARMS MAY RELY UPON A TRANSFEROR'S
STATEMENT THAT HE OR SHE MAY LEGALLY POSSESS A FIREARM UNLESS
THE OWNER, MANAGER, OR EMPLOYEE HAS ACTUAL KNOWLEDGE TO THE
CONTRARY AND MAY RETURN POSSESSION OF THE FIREARM TO THE
TRANSFEROR UPON COMPLETION OF THE REPAIRS OR MAINTENANCE
WITHOUT A BACKGROUND CHECK;
(b) UNLESS A TRANSFEROR OF A FIREARM HAS ACTUAL
KNOWLEDGE TO THE CONTRARY, THE TRANSFEROR MAY RELY UPON THE
STATEMENT OF AN OWNER, MANAGER, OR EMPLOYEE OF A BUSINESS THAT
REPAIRS OR MAINTAINS FIREARMS THAT NO OWNER, MANAGER, OR
EMPLOYEE OF THE BUSINESS IS PROHIBITED FROM POSSESSING A
FIREARM.".

Renumber succeeding subsections accordingly.


The amendment was passed on the following roll call vote: