Journal for 04/10/2000

House Journal--95th Day--April 10, 2000

House Journal--97th Day--April 10, 2000

3/10/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Ninety-seventh Legislative Day Monday, April 10, 2000

Prayer by the Reverend Doctor Cynthia Cearley, Montview Presbyterian Church, Denver.

The Speaker called the House to order at 10:00 a.m.

The roll was called with the following result:

Present--64.

Excused--Representative Gotlieb--1.

The Speaker declared a quorum present.

_______________

On motion of Representative Lee, the reading of the journal of April 7, 2000, was dispensed with and approved as corrected by the Chief Clerk.

_______________

THIRD READING OF BILLS--FINAL PASSAGE

The following bills were considered on Third Reading. The titles were publicly read. Reading of the bill at length was dispensed with by unanimous consent.

SB00-011

by Senator Lamborn; also Representative Gotlieb--Concerning documents issued by the division of motor vehicles.

Laid over until April 11, retaining place on Calendar.

HB00-1437

by Representative George--Concerning rural transportation authorities.

Laid over until April 11, retaining place on Calendar.

HB00-1447

by Representatives Dean, Tate, Coleman; also Senator Chlouber--Concerning regulatory processes to ensure increased competition in the retail telecommunications market.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared

passed

YES 38 NO 26 EXCUSED 1 ABSENT 0

Alexander N

Allen N

Bacon N

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker N

Fairbank Y

Gagliardi N

Gordon N

Gotlieb E

Grossman Y

Hagedorn Y

Hefley N

Hoppe Y

Johnson Y

Kaufman N

Keller N

Kester Y

King Y

Larson Y

Lawrence N

Lee Y

Leyba N

Mace N

May N

McElhany N

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison N

Nuñez Y

Paschall N

Pfiffner Y

Plant Y

Ragsdale N

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley N

Stengel Y

Swenson Y

Takis N

Tapia N

Tate Y

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga Y

Vigil N

Webster Y

Williams S. Y

Williams T. Y

Windels N

Witwer N

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Chavez, McKay, Miller, Spence, Stengel, Taylor

HB00-1456

by Representatives Paschall, Coleman, George, Kester, Larson, May, McKay, Spradley, and Zimmerman; also Senators Wattenberg, Hillman, Anderson, Matsunaka, and Phillips--Concerning a requirement that insurers notify parties of the status of a claim in a timely manner.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared

passed

YES 62 NO 2 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb E

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis N

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

On motion of Representative Dean,

HB00-1140, 1168

shall be made Special Orders on Monday, April 10, 2000, at 10:37 a.m.

_______________

The hour of 10:37 a.m., having arrived, on motion of Representative Allen, the House resolved itself into Committee of the Whole for consideration of Special Orders and she was called to the Chair to act as Chairman.

_______________

SPECIAL ORDERS--SECOND READING OF BILLS

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

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

HB00-1140

by Representative McPherson; also Senator Lamborn--Concerning the accurate measurement of value used to assess vehicle taxes.

Amendment No. 1

, Finance Report, dated February 2, 2000, and placed in member’s bill file; Report also printed in House Journal, February 4, page 348.

Amendment No. 2

, Appropriations Report, dated March 29, 2000, and placed in member’s bill file; Report also printed in House Journal, March 30, page 1168

Amendment No. 3

, by Representative McPherson.

Amend the House Appropriations Committee Report, dated March 29, 2000, page 1, strike lines 1 and 2 and substitute the following:

"Amend the House Finance Committee Report, dated February 2, 2000, page 1, strike lines 1 and 2 and substitute the following:

"Amend printed bill, page 1, strike lines 2 through 9.

Strike pages 2 and 3.

Page 4, strike lines 1 through 19 and substitute the following:

SECTION 1.

42-3-107 (1) (a), Colorado Revised Statutes, is amended to read:

42-3-107. Taxable value of classes of property - rate of tax - when and where payable - department duties - apportionment of tax collections.

(1) (a) The taxable value of every item of Class A or Class B personal property shall be

~~seventy-five~~

sixty

percent of the manufacturer's suggested retail price, said price not to include any applicable federal excise tax, transportation or shipping costs, or preparation and delivery costs.

".".".

Amendment No. 4

, by Representative McPherson.

Amend the House Appropriations Committee Report, dated March 29, 2000, page 1, strike lines 16 through 21.

Strike page 2 and substitute the following:

"(3) The sums appropriated in subsections (1) and (2) of this section shall be from moneys collected as a result of the abolition of business personal property tax credits pursuant to either House Bill 00-1462 or House Bill 00-1449, enacted at the second regular session of the 62

^nd

general assembly.";

before line 18, insert the following:

Page 4, line 24, strike everything after the semicolon and substitute the following:

"except that:

(a) If a referendum petition".

Page 5, line 2, strike "governor." and substitute the following:

"governor; and

(b) This act shall not take effect unless either House Bill 00-1462 or House Bill 00-1449, enacted at the second regular session of the 62

^nd

general assembly, takes effect.".".

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB00-1168

By Representatives Tate, Kaufman, and Morrison; also Senator Rupert--Concerning expansion of the crime of ethnic intimidation, and, in connection therewith, changing the name of the crime to a hate crime.

Amendment No. 1

, Judiciary Report, dated January 25, 2000, and placed in member’s bill file; Report also printed in House Journal, January 26, page 192.

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

(For change in action, see Amendments to Report.)

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representatives Tate and Kaufman moved to amend the Report of the Committee of the Whole to show that the Appropriations Committee Report, dated March 31, 2000 (printed in House Journal January 26, page 192), to HB00-1168, did pass, and that

HB00-1168, as amended

, did pass.

The amendment was declared

passed

by the following roll call vote:

YES 36 NO 28 EXCUSED 1 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb E

Grossman Y

Hagedorn Y

Hefley N

Hoppe N

Johnson Y

Kaufman Y

Keller Y

Kester Y

King N

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson Y

Miller Y

Mitchell N

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair N

Smith N

Spence N

Spradley N

Stengel N

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams S. Y

Williams T. N

Windels Y

Witwer N

Young N

Zimmerman Y

Mr. Speaker Y

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading:

HB00-1140 amended, 1168 amended

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was

adopted

YES 64 NO 0 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb E

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

________________

On motion of Representative Allen, the House resolved itself into Committee of the Whole for consideration of General Orders, and she was called to the Chair to act as Chairman.

________________

GENERAL ORDERS--SECOND READING OF BILLS

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

HB00-1440

by Representatives Pfiffner, May, McKay, Paschall, Allen, Fairbank, Grossman, Hagedorn, King, Lawrence, Mitchell, Spence, Stengel, Tool, and Young; also Senators Hillman, Chlouber, Lamborn, Andrews, Arnold, Blickensderfer, Owen, Sullivant, and Teck--Concerning taxation relating to the internet.

Amendment No. 1

, Finance Report, dated March 29, 2000, and placed in member’s bill file; Report also printed in House Journal, March 31, page 1234.

Amendment No. 2

, by Representatives May and Hagedorn.

Amend the Finance Committee Report, dated March 29, 2000, page 1, strike lines 3 through 19.

Page 2, strike line 1 and substitute the following:

"strike lines 10 through 26.

Page 3, strike lines 1 through 8.

Renumber succeeding sections accordingly.";

line 2, before "line", insert "Page 3,".

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

HB00-1136

By Representative Tapia; also Senator Thiebaut--Concerning the creation of the learning improvement grant program for public schools.

Amendment No. 1

, Education Report, dated April 3, 2000, and placed in member’s bill file; Report also printed in House Journal, April 4, pages 1267-1268.

Amendment No. 2

, by Representative Tapia.

Amend the Education Committee Report, dated April 3, 2000, page 1, strike line 6 and substitute the following:

22-7-507. Learning improvement grants - programs - fund.

(1)

There is hereby created in the department of education the learning improvement grant program, referred to in this section as the "program". The read-to-achieve board, created in section 22-7-506 and referred to in this section as the "board", shall establish criteria for awarding grants under the program. On and after July 1, 2001, the board, is hereby authorized to award learning improvement grants to schools or a collaborative group of schools for programs to enhance the literacy and reading comprehension skills of early elementary school students.

(2)

The

Renumber succeeding subsection accordingly.

line 14, strike "(2)" and substitute "(3)";

line 19, strike "(1)" and substitute "(2)".

As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

(For change in action, see Amendments to Report.)

On motion of Representative Dean, the remainder of the General Orders Calendar (

HB00-1449, 1454, 1169, 1183, 1227, 1305, 1327, 1355, 1389, 1395, 1418, SB00-202, HB00-1463, SB00-178

) was laid over until April 11, retaining place on Calendar.

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representatives Lawrence and S. Williams moved to amend the Report of the Committee of the Whole to show that the following Tapia amendment to HB00-1136 did pass and that

HB00-1136, as amended

, did pass:

Amend the Amendment No. 2, by Representative Tapia as printed in House Journal, page 1385, line 2, after "(1)", insert "(a)";

after line 11, insert the following:

"(b) (I)

The criteria for awarding grants pursuant to paragraph

(a)

of this subsection (1) shall allow for grants for programs to be conducted for students who have just completed the first grade. Programs authorized to receive grants pursuant to this paragraph

(b)

shall include procedures to identify students in need of assistance and to evaluate the effectiveness of such programs.

(II)

On or before March 1, 2003, the department of education shall report to the education committees of the senate and the house of representatives on the effectiveness of programs receiving grants under this paragraph

(b).".

The amendment was declared

passed

by the following roll call vote:

YES 39 NO 25 EXCUSED 1 ABSENT 0

Alexander Y

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb E

Grossman Y

Hagedorn Y

Hefley N

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester N

King N

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson N

Miller Y

Mitchell N

Morrison N

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair N

Smith Y

Spence N

Spradley Y

Stengel Y

Swenson N

Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. N

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker Y

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading:

HB00-1440 amended, 1136 amended

Laid over until date indicated retaining place on Calendar:

HB00-1449, 1454, 1169, 1183, 1227, 1305, 1327, 1355, 1389, 1395, 1418, SB00-202, HB00-1463, SB00-178

--April 11, 2000.

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was

adopted

YES 64 NO 0 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb E

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

REPORTS OF COMMITTEES OF REFERENCE

APPROPRIATIONS

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

HB00-1003

be postponed indefinitely.

HB00-1004

be postponed indefinitely.

HB00-1026

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

Amend printed bill, page 5, line 4, strike "centers." and substitute "centers

or applying for a grant for continued support of a family resource center.

line 26, after "centers", insert "

or for providing ongoing support of family resource centers

Page 6, line 4, after the period, add "

The state council shall develop criteria for how it allocates funding out of the moneys available to the family resource center program as described in section 26-18-104 (1). Such allocations may be made for the purpose of awarding grants to establish new family resource centers or to support ongoing operations at existing family resource centers. In developing the criteria for such allocations, the state council shall give priority to areas where the need for services provided by family resource centers is the greatest. In addition, the criteria may include as a factor:

(a)

The availability of financial resources in the area in which the family resource center is located;

(b)

The ability of the family resource center to access county resources from a county's block grant for the Colorado works program to support the family resource center;

(c)

The number of persons served or to be served by the family resource center.

line 10, after "of", insert "

or for the continued operation of

Page 11, after line 5, insert the following:

"(1.5)

The state council may award a grant to an existing family resource center to support its continued operations. In awarding such a grant, the state council shall require that the center meet the criteria set forth in subsection (1) of this section and shall apply the criteria for allocation of funds as set forth in section 26-18-103 (7).

Page 12, after line 8, insert the following:

SECTION 8. Appropriation.

In addition to any other appropriation, there is hereby appropriated to the department of human services, for the fiscal year beginning July 1, 2000, the sum of seven hundred thousand dollars ($700,000), or so much thereof as may be necessary, for the purpose of providing grants pursuant to sections 26-18-104 and 26-18-105, Colorado Revised Statutes. Said sum shall be from federal Temporary Assistance for Needy Families block grant funds.".

Renumber succeeding section accordingly.

Page 1, line 101, strike "

centers

." and substitute "

centers, and making an appropriation therefor

.".

HB00-1041

be postponed indefinitely.

HB00-1044

be postponed indefinitely.

HB00-1100

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

Amend printed bill, page 5, after line 24, insert the following:

SECTION 5. Appropriation in long bill to be adjusted.

For the implementation of this act, appropriations made in the annual general appropriation act to the department of state, for the fiscal year beginning July 1, 2000, from the department of state cash fund, to the special purpose division for local election reimbursement, shall be decreased by two hundred forty-three thousand two hundred seventy-five dollars ($243,275).".

Renumber succeeding section accordingly.

HB00-1107

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

Amend the Judiciary Committee Report, dated January 20, 2000, page 1, strike lines 10 through 16, and substitute the following:

"Page 4, strike lines 2 through 13.

Renumber succeeding sections accordingly.

Page 6, strike lines 12 through 26.

Strike pages 7 through 10.

Page 11, strike lines 1 through 25.

Renumber succeeding sections accordingly.".

Page 2 of the Committee Report, strike lines 1 through 10.

Page 4 of the Committee Report, after line 11, insert the following:

"Page 30, strike lines 11 through 17.

Renumber succeeding sections accordingly.".

Page 5 of the Committee Report, strike lines 12 through 19.

Renumber succeeding sections accordingly.

Page 6 of the Committee Report, after line 38, insert the following:

"Page 37, strike lines 23 through 26.

Strike page 38.

Page 39, strike lines 1 through 20.

Renumber succeeding sections accordingly".

HB00-1160

be referred to the Committee of the Whole with favorable recommendation.

HB00-1210

be postponed indefinitely.

HB00-1215

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 11, strike "

sixty-three

" and substitute "

sixty

line 12, strike "

forty-four

" and substitute "

thirty

line 13, strike "

thirty-two

" and substitute "

sixteen

strike lines 16 and 17 and substitute the following:

enrollment in medical benefits. On December 1, 2001, and on December 1 of each"

;

line 18, strike "

thereafter

" and substitute "

thereafter, the director shall recommend to the joint budget committee of the general assembly that the contribution amounts specified in this subsection (2) be adjusted"

Page 3, strike lines 1 through 6 and substitute the following:

SECTION 2. Appropriations - adjustments in 2000 long bill.

For the implementation of section 24-50-609 (2), Colorado Revised Statutes, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 2000, shall be increased by the sum of five million one hundred fourteen thousand one hundred nine dollars ($5,114,109). Said increases shall be derived from such sources as detailed in the following table:

DEPARTMENT	General Fund	Cash Funds	Cash Funds Exempt	Federal Funds	Total
Agriculture	23,709	33,625	0	570	57,904
Corrections	1,222,843	3,155	35,995	0	1,261,993
Education	68,662	2,597	2,431	0	73,690
Governor	8,757	0	9,008	735	18,500
Health Care Policy and Financing	12,325	0	0	13,630	25,955
Higher Education	19,415	3,335	2,194	0	24,944
Human Services	531,426	4,532	217,189	80,458	833,605
Judicial	505,815	20,110	0	0	525,925
Labor and Employment	0	37,032	11,140	92,544	140,716
Law	19,531	2,184	37,959	1,376	61,050
Legislature	50,624	0	0	0	50,624
Local Affairs	28,374	1,210	1,767	9,217	40,568
Military Affairs	6,228	0	0	11,666	17,894
Natural Resources	118,171	129,157	22,244	26,349	295,921
Personnel	42,028	249	54,813	0	97,090
Public Health and Environment	29,287	38,825	43,517	37,723	149,352
Public Safety	38,123	6,630	193,852	6,658	245,263
Regulatory Agencies	3,735	71,609	10,701	0	86,045
Revenue	163,628	7,594	73,652	3,477	248,351
State	0	12,670	0	0	12,670
Transportation	1,280	2,560	70,393	768,568	842,801
Treasury	3,822	0	0	0	3,822

Total	2,897,783	377,074	786,855	1,052,971	5,114,683	".

Renumber succeeding sections accordingly.

Page 3, line 8, strike "2000." and substitute "2000, only if the employer contribution rate reduction specified in section 24-51-401 (1.7), Colorado Revised Statutes, in House Bill 00-1458 is enacted at the Second Regular Session of the Sixty-second General Assembly, becomes law, and becomes effective on July 1, 2000.".

Page 1, line 102, strike "

plans

." and substitute "

plans, and making an appropriation in connection therefor."

HB00-1221

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

Amend the Health, Environment, Welfare, and Institutions Committee Report, dated January 31, 2000, page 2, line 27, strike "human services," and substitute "health care policy and financing, other medical services,";

line 28, strike "seven hundred fifty thousand dollars ($750,000)," and substitute "two hundred fifty thousand dollars ($250,000) and 1.0 FTE,";

line 34, strike "seven hundred fifty thousand" and substitute "two hundred fifty thousand dollars ($250,000).";

strike line 35.

Page 3, line 2, strike "seven" and substitute "two hundred fifty thousand dollars ($250,000).";

strike line 3.

HB00-1278

be postponed indefinitely.

HB00-1327

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

CORRECTED COMMITTEE REPORT
Replaces report dated April 5, printed in House Journal page 1305.

Amend the Judiciary Committee Report, dated February 10, 2000, page 1, strike line 1, and substitute the following:

"Amend printed bill, page 2, line 2, strike "(1) and (3) (a)," and substitute "(1),";

line 3, strike "are" and substitute "is".

Page 4, strike lines 21 through 26.

Page 5, strike lines 1 through 7;

line 17, after the period, insert "

The court

line 5 of the committee report, strike "

served.

"." and substitute "

served.

";";

after line 5 of the committee report, insert the following:

"strike lines 18 through 26.

Page 6, strike line 1.

Renumber succeeding sections accordingly.";

strike lines 7 through 12 of the committee report, and substitute the following:

SECTION 10. No appropriation

. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".";

strike lines 14 and 15 of the committee report.

HB00-1337

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

Amend printed bill, page 3, strike lines 13 through 26.

Strike pages 4 and 5.

Page 6, strike lines 1 through 10.

Renumber succeeding sections accordingly.

Page 7, strike lines 17 through 26.

Strike page 8.

Page 9, strike lines 1 through 25.

Renumber succeeding sections accordingly.

HB00-1350

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

Amend printed bill, page 1, strike lines 6 through 9 and substitute the following:

"necessary to clarify that local government sales".

Page 2, strike lines 16 through 26.

Page 3, strike lines 1 through 15.

Renumber succeeding sections accordingly.

Page 4, strike lines 8 through 10.

Renumber succeeding section accordingly.

HB00-1371

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

Amend the Judiciary Committee Report, dated February 10, 2000, page 1, strike line 1 and substitute the following:

"Amend printed bill, page 4, after line 3, insert the following:

"(2)

It is the intent of the general assembly that an office of the child's representative shall be established pursuant to this article and operational over the course of a two-year period. It is further the intent of the general assembly that a board and a director of the office shall be appointed as specified in section 13-91-104 and that the operational structure of the office shall be established during fiscal year 2000-01. The costs associated with the establishment of the office, including the associated FTE, shall be paid for by a transfer from the state judicial, trial courts, mandated costs line item. In addition, it is the intent of the general assembly that, for fiscal year 2001-02 and fiscal years thereafter, an appropriation shall be made to the office of the child's representative in the state judicial department for the purpose of payment of all financial obligations previously covered by the judicial department, trial courts, mandated costs line item relating to the provision of those legal services to children that are addressed in this article.

line 21, strike "

article 10 of title 14, C.R.S.,

line 25, strike "

or a dissolution of marriage or legal separation

line 26, strike "

proceeding pursuant to article 10 of title 14, C.R.S.,

Page 5, after line 3, insert the following:

"(6)

"Representative of a child" means an attorney appointed by a court pursuant to section 14-10-116, C.R.S., to represent the best interests of a minor or dependent child.

Page 7, line 11, after "

state,

", insert "

and

";";

after line 3 of the committee report, insert the following:

"Page 8, after line 22, insert the following:

"(V)

Working cooperatively with the chief judge in each judicial district or group of judicial districts to jointly establish a local body to oversee the provision of guardian ad litem services in that judicial district or districts, which oversight bodies would operate and report directly to the director concerning the practice of guardians ad litem in that judicial district or districts pursuant to oversight procedures established by the office of the child's representative;

Renumber succeeding subparagraphs accordingly.";

after line 5 of the committee report, insert the following:

"Page 9, line 24, strike "

Allocating

" and substitute "

Effective July 1, 2001, allocating

" and after "

the

", insert "

office of the child's representative in the

line 25, strike "

for allocation to the office of the child's

line 26, strike "

representative

Page 10, line 12, strike "

Allocating

" and substitute "

Effective July 1, 2001, allocating

Page 11, after line 4, insert the following:

"(c)

Enhance the provision of services in Colorado by attorneys appointed to serve as representatives of children pursuant to section 14-10-116, C.R.S., by:

(I)

Ensuring the provision and availability of high-quality, accessible training throughout the state for attorneys seeking to serve as representatives of children, as well as to judges and magistrates who regularly hear domestic matters under article 10 of title 14, C.R.S.;

(II)

Making recommendations to the chief justice concerning the establishment, by rule or chief justice directive, of the minimum training requirements that an attorney seeking to serve as a representative of a child shall meet;

(III)

Making recommendations to the chief justice concerning the establishment, by rule or chief justice directive, of standards to which attorneys serving as representatives of children shall be held;

(IV)

Overseeing the practice of representatives of children appointed pursuant to section 14-10-116, C.R.S., to ensure compliance with all relevant statutes, orders, rules, directives, policies, and procedures;

(V)

Seeking to enhance existing funding sources for and studying the availability of or developing new funding sources for the provision of services by court-appointed representatives of children;

(VI)

Effective July 1, 2001, allocating moneys appropriated to the office of the child's representative in the state judicial department for the provision of services by court-appointed representatives of children;

Reletter succeeding paragraphs accordingly.

Page 11, line 19, strike "(g)

and

(h)" and substitute "(h)

and

(i)";";

line 6 of the committee report, strike "Page 11,";

strike lines 9 and 10 of the committee report and substitute the following:

"Page 12, line 1, strike "(f)

and

(h)" and substitute "(g)

and

(i)";

line 5, strike "(f)

and

(g)" and substitute "(g)

and

(h)".".

Page 3 of the committee report, strike lines 1 through 8 and substitute the following:

"Page 21, line 6, strike "for the enhancement of the provision of guardian ad litem";

line 7, strike "services," and after "one", insert "hundred forty-seven thousand six hundred fifty-nine dollars ($147,659) and 3.0 FTE,";

line 8, strike "million dollars ($1,000,000),";

strike lines 10 through 18 and substitute the following:

"(2) For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 2000, shall be adjusted as follows: The appropriation to the judicial department, trial courts, for mandated costs, is reduced by one hundred

forty-seven thousand six hundred fifty-nine dollars ($147,659) general fund.".".

HB00-1392

be postponed indefinitely.

HB00-1423

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

Amend the Judiciary Committee Report, dated March 7, 2000, page 1, line 2, change the period to a semi-colon;

strike lines 3 and 4, and substitute the following:

"Page 2, line 11, strike "

SECTION 2.

" and substitute "

SECTION 1.

line 12, strike "A NEW PARAGRAPH" and substitute "THE FOLLOWING NEW PARAGRAPHS";

line 15, strike "

line 16, strike "

credit

" and strike "

title

" and substitute "

title, or credit any overpayment to estimated tax calculated pursuant to article 22 of this title,

line 18, strike "

for a

" and substitute "

for such

line 19, strike "

contact

" and substitute "

work with

line 21, strike "

the

" and substitute "

such

line 23, strike "

line 24, strike "

credit

" and after "

title,"

, insert "

or crediting any overpayment to estimated tax calculated pursuant to article 22 of this title,

Page 3, after line 1, insert the following:

"(d)

Refunds withheld or overpayments not credited pursuant to paragraph

(c)

of this subsection (1) that are not claimed within four years after the date of the notice to the taxpayer pursuant to section 39-21-104 shall revert to the general fund.

SECTION 2.

39-21-104, Colorado Revised Statutes, is amended to read:

39-21-104. Rejection of claims.

Upon rejection, in whole or in part, of a claim for refund filed by a taxpayer, with respect to any tax set forth in section 39-21-103 (1), the executive director of the department of revenue shall send a notice of rejection to the taxpayer in writing by first-class mail as set forth in section 39-21-105.5; and, within thirty days from the mailing thereof, the taxpayer may request a hearing or file a brief with the executive director, except where the claim is for refund of a deficiency in taxes assessed after hearing or determination on written brief had under the provisions of section 39-21-103. Thereafter, both the taxpayer and the executive director shall proceed as provided in section 39-21-103 with respect to the hearing or determination on written brief. Upon reaching a decision upon the claim for refund after hearing had thereon or consideration of the written brief, the executive director shall send to the taxpayer, by first-class mail as set forth in section 39-21-105.5, notice of final determination of claim for refund, stating therein the grounds for allowance or rejection in whole or in part. This section shall not prevent a taxpayer from suing for a refund in the district court within the time provided by law whether or not the taxpayer requests a hearing or presents a written brief.

This section shall apply to refunds withheld or overpayments not credited pursuant to section 39-21-108 (1)

(c).

SECTION 3.

39-31-101 (3), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

39-31-101. Real property tax assistance - eligibility - applicability.

(3) Such grant shall be allowed to such persons as described in subsection (1) of this section who meet the following requirements:

(c)

Do not have an outstanding warrant for their arrest. The department of revenue shall work with the Colorado bureau of investigation to verify whether there is an outstanding warrant for such person's arrest. If a grant is not allowed to a person because of this paragraph

(c),

such person may continue their claim, pursuant to procedures prescribed by the executive director, if such person can provide the department of revenue with proof, in the form of a certificate issued by the clerk of the court issuing the warrant, that the warrant is no longer outstanding.

SECTION 4.

39-31-104 (3), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

39-31-104. Heat or fuel expenses assistance - eligibility - applicability.

(3) Such grant shall be allowed to such persons as described in subsection (1) of this section who meet the following requirements:

(c)

(c),

;

line 5 of the Committee Report, strike ""

SECTION 2. Appropriation.

" and substitute "

SECTION 5. Appropriation - adjustment in 2000 long bill.

line 8 of the Committee Report, strike "four hundred seven" and substitute "three hundred fifty-four thousand sixteen dollars ($354,016),";

line 9 of the Committee Report, strike "thousand nine hundred sixteen dollars ($407,916),";

strike lines 11 through 16 of the Committee Report, and substitute the following:

"(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by three hundred fifty-four thousand sixteen dollars ($354,016).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by three hundred fifty-four thousand sixteen dollars ($354,016).".".

HB00-1427

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

Amend printed bill, page 10, strike line 5 and substitute the following:

"fifteen thousand nine hundred ninety-eight dollars ($115,998) and 2.0 FTE, or";

line 11, strike "eight hundred ninety-three thousand" and substitute the following:

"seven hundred forty-five thousand four hundred eighty-five dollars ($745,485).

(3) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the Colorado heritage communities fund not otherwise appropriated, for the fiscal year beginning July 1, 2000, the sum of seven hundred forty-five thousand four hundred eighty-five dollars ($745,485), or so much thereof as may be necessary, for the implementation of this act.

(4) In addition to any other appropriation, there is hereby appropriated, to the department of law, for the fiscal year beginning July 1, 2000, the sum of one thousand fifty-seven dollars ($1,057), or so much thereof as may be necessary, for the provision of legal services to the department of local affairs related to the implementation of this act. Such sum shall be cash funds exempt received from the department of local affairs out of the appropriation made in subsection (1) of this section.";

strike line 12.

Renumber succeeding section accordingly.

HB00-1431

be referred to the Committee of the Whole with favorable recommendation.

HB00-1432

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

Amend printed bill, page 3, line 4, strike "sixty-one" and substitute "fifty-seven";

line 5, strike "seventy-eight dollars ($161,878)" and substitute "forty-six dollars ($157,846)";

line 11, strike "sixty-one" and substitute "fifty-seven";

line 12, strike "seventy-eight dollars ($161,878)" and substitute "forty-six dollars ($157,846)";

line 15, strike "sixty-one thousand eight hundred seventy-eight" and substitute "fifty-seven thousand eight hundred forty-six";

line 16, strike "($161,878)" and substitute "forty-six dollars ($157,846)".

HB00-1458

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

Amend the Local Government Committee Report, dated March 27, 2000, page 1, line 5, strike "

association.

"." and substitute "

association; except that it shall be within the discretion of the governing board of an institution of higher education whether to apply the provisions of this subsection (7.5) to its employees who are exempt from the state personnel system and who are members of the public employees' retirement association.

".";

after line 17, insert the following:

"Page 9, after line 16, insert the following:

SECTION 8. Appropriations - adjustments in 2000 long bill.

For the implementation of section 24-51-401 (1.7), Colorado Revised Statutes, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 2000, shall be reduced by the sum of four million eight hundred six thousand nine hundred ninety-seven dollars ($4,806,997). Said reductions shall be derived from such sources as detailed in the following table:

DEPARTMENT	General Fund	Cash Funds	Cash Funds Exempt	Federal Funds	Total
Agriculture	(27,035)	(34,679)	(2,707)	(700)	(65,121)
Corrections	(1,153,655)	(4,487)	(35,546)	0	(1,193,688)
Education	(51,058)	(3,379)	(3,811)	0	(58,248)
Governor	(12,183)	0	(5,014)	0	(17,197)
Health Care Policy and Financing	(22,510)	0	0	(25,069)	(47,579)
Higher Education	(18,128)	0	0	0	(18,128)
Human Services	(558,198)	(13,184)	(286,489)	(151,742)	(1,009,613)
Judicial	(540,326)	(26,918)	0	0	(567,244)
Labor and Employment	0	(63,573)	(26,337)	(133,141)	(223,051)
Law	(20,111)	(5,126)	(62,636)	(7,246)	(95,119)
Legislature	(12,013)	0	0	0	(12,013)
Local Affairs	(12,417)	(738)	0	(6,479)	(19,634)
Military Affairs	(8,675)	0	0	(13,673)	(22,348)
Natural Resources	(97,224)	(199,880)	(35,330)	(35,910)	(368,344)
Personnel	(92,113)	(1,427)	(180,247)	0	(273,787)
Public Health and Environment	(34,764)	(62,594)	(53,063)	(89,746)	(240,167)
Public Safety	(21,031)	(8,200)	(53,784)	(2,541)	(85,556)
Regulatory Agencies	(7,024)	(119,379)	(12,860)	(1,680)	(140,943)
Revenue	(217,485)	(29,033)	(75,871)	0	(322,389)
State	0	(16,149)	0	0	(16,149)
Transportation	0	(2,826)	0	(1,756)	(4,582)
Treasury	(6,097)	0	0	0	(6,097)

Total	(2,912,047)	(591,572)	(833,695)	(469,683)	(4,806,997)	".

Renumber succeeding sections accordingly.

Page 1, line 102, strike "

association

." and substitute "

association, and making an appropriation in connection therewith.

".".

SB00-071

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

Amend the Health, Environment, Welfare, and Institutions Committee Report, dated March 13, 2000, page 1, after line 5, insert the following:

"Page 8, line 6, strike "

four

" and substitute "

three

line 8, strike "

four

" and substitute "

three

line 16, strike "

twenty

" and substitute "

nineteen

line 18, strike "

twenty

" and substitute "

nineteen

Page 9, line 9, strike "

twenty

" and substitute "

nineteen

line 12, strike "

twenty

" and substitute "

nineteen

line 17, strike "

dollars

." and substitute "

dollars

;";

after line 17, insert the following:

"(g)

The comprehensive primary and preventive care grant program created in part 10 of article 4 of title 26, C.R.S., shall receive six percent of the total amount of settlement moneys annually received by the state; except that the amount received in any fiscal year shall not exceed six million dollars.

Page 17, line 21, strike "

twenty-five

" and substitute "

twenty-one

".";

after line 13 of the Committee Report, insert the following:

"Page 29, line 7, strike "

four

" and substitute "

three

";";

line 14 of the Committee Report, strike "Page 29,";

after line 15 of the Committee Report, insert the following:

"line 11, strike "

four

" and substitute "

three

line 19, strike "

twenty

" and substitute "

nineteen

";";

line 17 of the Committee Report, change the period to a semi-colon;

after line 17 of the Committee Report, insert the following:

"line 23, strike "

twenty

" and substitute "

nineteen

".".

Page 2 of the Committee Report, strike lines 26 and 27 and substitute the following:

policy board, on and after January 1, 2001, the policy board shall include dental services in the schedule of health care services upon a finding by the board that:

(A)

An adequate number of dentists are willing to provide services to eligible children; and

(B)

The financial resources available to the program are sufficient to fund such services.

".".

Page 4 of the Committee Report, after line 24, insert the following:

"Page 65, line 18, strike "

twenty

" and substitute "

nineteen

";";

line 25 of the Committee Report, strike "Page 65,";

line 26 of the Committee Report, change the period to a semi-colon;

afer line 26 of the Committee Report, insert the following:

"line 23, strike "

twenty

" and substitute "

nineteen

".".

Page 5 of the Committee Report, after line 1, add the following:

"Page 68, after line 18, insert the following:

SECTION 17.

Article 4 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 10

COMPREHENSIVE PRIMARY AND
PREVENTIVE CARE GRANT PROGRAM

26-4-1001. Short title.

This part 10 shall be known and may be cited as the "Comprehensive Primary and Preventive Care Grant Program Act".

26-4-1002. Legislative declaration.

(1)

The general assembly hereby finds that preventive and primary care are two of the most cost-effective means of keeping people healthy. Unfortunately, many of the estimated five hundred seventy thousand Coloradans without health insurance coverage cannot afford routine preventive or primary health care. Instead, they wait until they are critically ill and then seek expensive, emergency care.

(2)

It is the intent of the general assembly to establish a comprehensive primary and preventive care grant program and to fund the program with tobacco litigation settlement moneys. The purpose of the program is to expand prevention and primary care services to Colorado's low-income, uninsured populations.

26-4-1003. Definitions.

As used in this part 10, unless the context otherwise requires:

(1)

"Comprehensive primary care" means the basic, entry-level health care provided by health care practitioners or non-physician health care practitioners that is generally provided in an outpatient setting. "Comprehensive primary care", at a minimum, includes providing or arranging for the provision of the following services: Primary health care; maternity care, including prenatal care; preventive, developmental, and diagnostic services for infants and children; adult preventive services, diagnostic laboratory and radiology services; emergency care for minor trauma; pharmaceutical services; and coordination and follow-up for hospital care. "Comprehensive primary care" may also include optional services based on a patient's needs.

(2)

"Master settlement agreement" means the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated

State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett Group Inc.; Lorillard Tobacco Company; Phillip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc.

, Case No. 97 CV 3432, in the district court for the city and county of Denver.

(3)

"Medically underserved area or population" means an area designated by the secretary of the United States department of health and human services as an area with a shortage of health care professionals or health services or a population or group designated by the secretary as having a shortage of such services.

(4)

"Program" means the comprehensive primary and preventive care grant program established in this part 10.

(5)

"Qualified provider" means an entity that provides comprehensive primary care services and that:

(a)

Accepts all patients regardless of their ability to pay and uses a sliding fee schedule for payments;

(b)

Serves a designated medically underserved area or population, as provided in section 330

(b)

of the federal "Public Health Service Act", 42 U.S.C. sec. 254

(c)

Has a demonstrated track record of providing cost-effective care; and

(d)

Provides or arranges for the provision of comprehensive primary care services to persons of all ages.

(6)

"Service grant" means a grant by the state department to a qualified provider pursuant to this part 10.

(7)

"Uninsured or medically indigent patient" means a patient receiving services from a qualified provider:

(a)

Whose yearly family income is below one hundred eighty-five percent of the federal poverty level; and

(b)

Who is not eligible for medicaid, medicare, or any other type of governmental reimbursement for health care costs; and

(c)

Who is not receiving third-party payments.

26-4-1004. Comprehensive primary and preventive care grant program - creation.

There is hereby created in the state department the comprehensive primary and preventive care grant program. The program shall make service grants to qualified providers for their use in providing primary and preventive care to uninsured or medically indigent patients in Colorado.

26-4-1005. Grant making process.

(1)

Any qualified provider desiring to participate in the program shall make application for a service grant to the state department in a form specified by rule of the state department. The state department shall receive service grant applications from any qualified provider. All applications shall be submitted and reviewed in accordance with grant procedures, criteria, and standards adopted by rule of the state department through the medical services board.

(2)

Service grants awarded to qualified providers shall be used by such providers only to:

(a)

Increase access to comprehensive primary care services for uninsured or medically indigent patients who are served by such providers;

(b)

Create new services or augment existing services provided to uninsured or medically indigent patients; or

(c)

Establish new sites that offer comprehensive primary care services in medically underserved areas of the state or to medically underserved populations.

(3)

Service grants to qualified providers shall not be used:

(a)

To supplant federal funds traditionally received by such qualified providers, but shall be used to supplement such funds;

(b)

For land or real estate investments;

(c)

To finance or satisfy any existing debt; or

(d)

Unless the qualified provider specifically complies with the definition of qualified provider contained in section 26-4-1003 (5).

(4) (a)

The executive director shall appoint an advisory council to review and make recommendations to the state department on the awarding of any service grants to qualified providers. The advisory council shall consist of the following members:

(I)

One employee of the state department;

(II)

One employee of the department of public health and environment;

(III)

A representative of a qualified provider;

(IV)

Two consumers who currently receive health care services from a qualified provider;

(V)

A health care provider who is not affiliated with a qualified provider or an agency of the state, but who has training and expertise in providing comprehensive primary care services to medically underserved populations; and

(VI)

A representative of a nonprofit, community-based health care organization or business.

(b)

All service grants shall be awarded within thirty days after approval by the state department.

(5)

The state department shall:

(a)

Develop regulations, procedures, and application forms to govern how service grants shall be awarded; and

(b)

Develop an audit procedure to assure that service grant moneys are used to provide and expand coverage to uninsured and medically indigent patients.

26-4-1006. Reports.

(1)

On or before January 1, 2001, and on or before each January 1 thereafter, pursuant to section 25-1-108.5 (2), C.R.S., the state department shall submit a report to the state board of health and to the department of public health and environment on the operation and the effectiveness of the program.

(2)

Each qualified provider receiving a service grant shall report annually to the state department concerning the number of additional uninsured and medically indigent patients that are cared for and the types of services that are provided.

26-4-1007. Program funding - comprehensive primary and preventive care fund - creation.

(1)

Moneys for service grants and for the payment of program administrative costs incurred by the state department shall be payable from the comprehensive primary and preventive care fund, which fund is hereby created in the state treasury. The comprehensive primary and preventive care fund, referred to in this section as the "fund", shall consist of moneys appropriated thereto by the general assembly from moneys received pursuant to the master settlement agreement in the amount described in subsection (3) of this section. In addition, the state treasurer may credit to the fund any public or private gifts, grants, or donations received by the state department for implementation of the program. The fund shall be subject to annual appropriation by the general assembly to the state department. In addition, the state department may retain up to one percent of the amount annually appropriated from the fund for the actual costs incurred by the state department in implementing the provisions of this part 10. Notwithstanding the provisions of section 24-36-114, C.R.S., all interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any unencumbered moneys appropriated from moneys received pursuant to the master settlement agreement remaining in the fund at the end of any fiscal year shall be transferred to the tobacco litigation settlement trust fund created in section 24-22-115.5, C.R.S.

(2)

It is the intent of the general assembly that general fund moneys not be appropriated for implementation of the program.

(3) (a)

Beginning with the 2000-01 fiscal year and for each fiscal year thereafter, the general assembly shall appropriate to the fund six percent of the total amount of moneys received by the state pursuant to the master settlement agreement, not including attorney fees and costs, during the preceding fiscal year; except that the amount so appropriated to the fund shall not exceed six million dollars in any fiscal year. The general assembly shall appropriate the amount specified in this subsection (3) from moneys credited to the tobacco litigation settlement cash fund created in section 24-22-115, C.R.S.

(b)

Notwithstanding the provisions of paragraph

(a)

of this subsection (3), for the fiscal year in which the first payment of moneys pursuant to the master settlement agreement is received, the percentage appropriated to the fund shall be calculated on the total amount of moneys received by the state pursuant to the master settlement agreement during that fiscal year, minus thirty-three million dollars.

Renumber succeeding sections accordingly.

Page 70, line 20, strike "

Appropriation

." and substitute "

Appropriation - adjustment in 2000 long bill.

line 22, strike "twenty" and substitute "fifteen million three hundred thirty-nine thousand eight hundred seventy-four dollars ($15,339,874),";

line 23, strike "million dollars ($20,000,000),".

Page 71, strike lines 4 through 8, and substitute the following:

"the fiscal year beginning July 1, 2000, the sum of ten million one hundred thirty-two thousand three hundred fifty-seven dollars ($10,132,357) and 2.0 FTE, or so much thereof as may be necessary, for the implementation of this act. Of said sum, ten million dollars ($10,000,000) shall be for the children's basic health plan and shall be from the tobacco litigation settlement cash fund created in section 24-22-115, Colorado Revised Statutes, and one hundred thirty-two thousand three hundred fifty-seven dollars ($132,357) shall be from the general fund for services to additional medicaid eligible children resulting from the enrollment of additional children in the children's basic health plan. In addition to said appropriation, the general assembly anticipates that, for the fiscal year beginning July 1, 2000, the department of health care policy and financing will receive the sum of three million three hundred sixty-seven thousand four hundred eighteen dollars ($3,367,418) in federal funds for the implementation of this act. Of this sum, one hundred thirty-two thousand three hundred fifty-six dollars ($132,356) shall be for services to additional medicaid-eligible children resulting from the enrollment of additional children in the children's basic health plan, and three million two hundred thirty-five thousand sixty-two dollars ($3,235,062) shall be for the children's basic health plan. Although these funds are not appropriated in this act, they are noted for the purpose of indicating the assumptions used relative to these funds.

(3) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the tobacco litigation settlement cash fund created in section 24-22-115, Colorado Revised Statutes, to the department of health care policy and financing, for the fiscal year beginning July 1, 2000, the sum of four million six hundred one thousand nine hundred sixty-two dollars ($4,601,962), or so much thereof as may be necessary, for the comprehensive primary and preventive care grant program created in part 10 of article 4 of title 26, Colorado Revised Statutes.".

Renumber succeeding subsections accordingly.

Page 71, line 12, strike "eight million dollars ($8,000,000), or" and substitute "six million one hundred thirty-five thousand nine hundred fifty dollars ($6,135,950), or";

line 22, strike "nineteen million dollars ($19,000,000)" and substitute "thirteen million eight hundred five thousand eight hundred eighty-seven dollars ($13,805,887)";

line 24, strike "four million dollars" and substitute "two million three hundred thousand nine hundred eighty-one dollars ($2,300,981)";

line 25, strike "($4,000,000)";

line 26, strike "fifteen" and substitute "eleven million five hundred four thousand nine hundred six dollars ($11,504,906)".

Page 72, line 1, strike "million dollars ($15,000,000)";

after line 3, insert the following:

"(6) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the tobacco litigation settlement cash fund created in section 24-22-115, Colorado Revised Statutes, not otherwise appropriated, to the Colorado state veteran's trust fund created in section 26-10-111, Colorado Revised Statutes, the sum of seven hundred sixty-six thousand nine hundred ninety-four dollars ($766,994).

(7) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by one hundred thirty-two thousand three hundred fifty-seven dollars ($132,357).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by one hundred thirty-two thousand three hundred fifty-seven dollars ($132,357).".".

SB00-124

be referred to the Committee of the Whole with favorable recommendation.

STATE, VETERANS AND MILITARY AFFAIRS

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

HB00-1467

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

Amend printed bill, page 5, strike lines 21 through 26 and substitute the following:

SECTION 3.

Effective date.

This act shall take effect July 1, 2000.

SECTION 4.

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.".

Page 6, strike lines 1 through 3.

SB00-172

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

Amend reengrossed bill, page 3, after line 6, insert the following:

SECTION 2.

1-40-124.5 (1), Colorado Revised Statutes, is amended to read:

1-40-124.5. Ballot information booklet.

(1) The director of research of the legislative council of the general assembly shall prepare a ballot information booklet in accordance with section 1 (7.5) of article V of the state constitution.

The booklet shall include an estimate of the fiscal impact of each measure, taking into consideration fiscal impact information submitted by the office of state planning and budgeting, any proponent, or other interested person.

Prior to completion of the booklet, a draft shall be reviewed by the legislative council at a public hearing held after notice. At the hearing, any proponent or other interested person shall be allowed to comment on the accuracy or fairness of the analysis of any measure addressed by the booklet.".

Renumber succeeding section accordingly.

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on SB00-160

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 SB00-160, concerning local control over the hiring of administrative personnel by school districts, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 1, strike line 3 and substitute the following:

"BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:".

Page 2, after line 1, insert the following:

"(6.5)

"Principal" means any person who is employed as the chief executive officer or an assistant chief executive officer of any public school in the state and who administers, directs, or supervises the education instructional program in such public school.

line 5, after "(3)", insert "(a)";

after line 12, insert the following:

"(b)

The board of a school district may enter into an employment contract with a person to serve as a principal who does not possess a principal's license issued pursuant to article 60.5 of this title, as long as such person meets managerial and supervisory experience requirements for serving as a principal as set by rule of the state board of education. The state board of education shall promulgate rules setting forth managerial and supervisory experience requirements that a person must meet in order to be hired as a non-licensed principal.

SECTION 3.

22-32-126 (1), Colorado Revised Statutes, is amended to read:

22-32-126. Principals - employment and authority.

(1) The board of education may employ through written contract public school principals who shall hold valid supervisory or administrative certificates

or principal licenses or who shall meet the requirements set by the state board of education pursuant to section 22-63-201 (3).

~~and who~~

Any person hired as a principal pursuant to this subsection (1)

shall supervise the operation and management of the school and such property as the board shall determine necessary.

SECTION 4.

22-9-106 (4), Colorado Revised Statutes, is amended to read:

22-9-106. Local boards of education - duties.

(4) No person shall be responsible for the evaluation of certificated personnel unless such person has an administrative certificate issued pursuant to article 60 of this title or a principal or administrator license issued pursuant to article 60.5 of this title

or meets the requirements set by the state board of education pursuant to section 22-63-201 (3)

and

unless such person

has received education and training in evaluation skills approved by the department of education that will enable him or her to make fair, professional, and credible evaluations of the personnel whom he or she is responsible for evaluating. No person shall be issued an administrative certificate or a principal or administrator license or have an administrative certificate or principal or administrator license renewed unless the state board determines that such person has received education and training approved by the department of education.

SECTION 5.

22-2-109 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

22-2-109. State board of education - additional duties.

(1) The state board of education shall:

(r)

Adopt rules that set forth managerial and supervisory experience requirements for non-licensed principals as set forth in section 22-63-201 (3).".

Renumber succeeding section accordingly.

Respectfully submitted,

Senate Committee: House Committee:

John Evans Lauri Clapp

Mark Hillman Donald Lee

Robert Hernandez Carl Miller

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed:

HB00-1207, 1352, SB00-035, 144.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB00-1161.

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes:

SB00-007, amended as printed in Senate Journal, April 7, page 883;

SB00-117, amended as printed in Senate Journal, April 7, page 884;

SB00-140, amended as printed in Senate Journal, April 6, page 873;

SB00-158, amended as printed in Senate Journal, April 7, page 883;

HB00-1020, amended as printed in Senate Journal, April 7, page 883;

HB00-1025, amended as printed in Senate Journal, April 7, page 884;

HB00-1182, amended as printed in Senate Journal, April 7, page 883.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB00-007, 117, 140, 158, and HB00-1020, 1025, and 1182.

______________

MESSAGE FROM THE GOVERNOR

I certify I received the following on the 7

^th

day of April, 2000, at 2:20 p.m. The original is on file in the records of the House of Representatives of the General Assembly.

Judith Rodrigue,

Chief Clerk of the House

April 7, 2000

To the Honorable

House of Representatives

Sixty-second General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

HB00-1119

Concerning the Exchange of Information Related to Children

Approved April 7, 2000 at 11:20 a.m.

HB00-1127

Concerning a Prohibition on the Collection of Moneys for Political Activities Through Student Fees

Approved April 7, 2000 at 10:44 a.m.

HB00-1225

Concerning the Establishment of a Defined Contribution Plan Pursuant to Section 401(a) of the Internal Revenue Code to Receive Contributions for Eligible Employees Who Participate in the State Deferred Compensation Plan

Approved April 7, 2000 at 11:19 a.m.

HB00-1260

Concerning the Exoneration of a Person Executing a Bail Bond from Liability After a Period of Three Years

Approved April 7, 2000 at 10:48 a.m.

Sincerely,

(signed)

Bill Owens

Governor

______________

INTRODUCTION OF BILLS
First Reading

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

HB00-1477

by Representative Mitchell--Concerning the creation of a community mediation council, and, in connection therewith, authorizing the council to provide grants to community mediation programs, and making an appropriation therefor.

Committee on Judiciary

HB00-1478

by Representatives Dean, Morrison, Alexander, Allen, Clarke, Gordon, Hefley, Keller, Stengel, and Williams T.; also Senator Wham--Concerning health care coverage parity for prosthetic devices.

Committee on Health, Environment, Welfare, & Institutions

HB00-1479

by Representative May; also Senator Dennis--Concerning administration of the excise tax on fuels, and, in connection therewith, amending and relocating part 2 of article 27 of title 39, Colorado Revised Statutes.

Committee on Transportation & Energy

SB00-007

by Senator Phillips; also Representative Young--Concerning the creation of the state telecommunications and technologies council.

Committee on Business Affairs & Labor

SB00-016

by Senator Dennis; also Representative Larson--Concerning the geographical representation requirements for members of the oil and gas conservation commission, and making an appropriation in connection therewith.

Committee on Agriculture, Livestock, & Natural Resources

SB00-117

by Senator Dennis; also Representative Mitchell--Concerning tuition assistance for the dependent children of certain persons, and, in connection therewith, authorizing tuition assistance for the dependents of deceased or permanently disabled national guardsmen, law enforcement officers, or firefighters.

Committee on Education

Committee on Appropriations

SB00-140

by Senator Anderson; also Representative Lawrence--Concerning the youthful offender system, and making an appropriation therefor.

Committee on Judiciary

Committee on Appropriations

SB00-158

by Senator Wham; also Representative George--Concerning the creation of the Colorado veterans' monument preservation trust fund.

Committee on State, Veterans, & Military Affairs

Committee on Appropriations

SB00-204

by Senators Wham, Arnold, Phillips; also Representatives Lawrence, Larson, Veiga--Concerning the Wheat Ridge Regional Center main campus in Jefferson county, Colorado, and making an appropriation therefor.

Committee on Judiciary

Committee on Appropriations

SB00-206

by Senators Tebedo, Lacy; also Representative Spradley--Concerning the use of certain moneys in the local government limited gaming impact fund in fiscal years following the year in which the moneys were appropriated without requiring further appropriation by the general assembly.

Committee on Business Affairs & Labor

Committee on Appropriations

SB00-207

by Senators Lacy, Owen, Tanner; also Representatives Saliman, Tool, Berry--Concerning the continuation of the Colorado nursing scholarship program, and making an appropriation in connection therewith.

Committee on Health, Environment, Welfare, & Institutions

Committee on Appropriations

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Spence, the following items on the Calendar were laid over until April 11, retaining place on Calendar:

Consideration of Conference Committee report--

HCR00-1001

Consideration of Resolutions--

HJR00-1008, SJR00-005, HJR00-1012, 1007, HR00-1011, 1012, HJR00-1020, 1021, 1023, 1024, SJR00-011, HJR00-1026, 1028, 1029, 1030, 1018,

Consideration of Senate amendments--

HB00-1243, 1114, 1347, 1322, 1208, 1336

_______________

On motion of Representative Spence, the House adjourned until 9:00 a.m., April 11, 2000.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk

LC: