June 10, 1996
**WORKING VERSION--THIS HAS NOT BEEN PROOFED! USE AT YOUR OWN RISK!!**
11:10:46 AMPage 1
SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
Second Regular Session
49th Legislative Day Tuesday, February 22, 2000
Call to By the President at 8:00 a.m.
Order
Prayer By the chaplain, Reverend Arlyn Tolzmann, Holy Cross Lutheran Church, Wheat Ridge.
Roll Call Present--Total, 21.
Absent/Excused--Anderson, Andrews, Chlouber, Dyer, Evans, Lacy, Lamborn, Martinez, Perlmutter, Phillips, Rupert, Sullivant, Tanner, Tebedo--Total, 14.
Present later--Anderson, Andrews, Chlouber, Dyer, Evans, Lacy, Lamborn, Martinez, Perlmutter, Phillips, Rupert, Sullivant, Tanner, Tebedo.
Quorum The President announced a quorum present.
Reading of On motion of Senator Nichol, reading of the Journal of Monday, February 21 was
Journal dispensed with and the Journal stands approved as corrected by the Secretary.
The House has passed on Third Reading and transmitted to the Revisor of Statutes
HB00-1165,1299.
The House has passed on Third Reading and transmitted to the Revisor of Statutes
HB00-1080, amended as printed in House Journal, February 15, page 507.
HB00-1159, amended as printed in House Journal, February 18, page 599-600.
HB00-1181, amended as printed in House Journal, February 1, page 269.
HB00-1185, amended as printed in House Journal, February 18, page 600-602.
HB00-1186, amended as printed in House Journal, January 31, page 266-267.
HB00-1222, amended as printed in House Journal, February 15, page 505-507.
HB00-1223, amended as printed in House Journal, February 18, page 591-596.
HB00-1368, amended as printed in House Journal, February 18, page 602-603.
MESSAGE FROM THE REVISOR
February 21, 2000
We herewith transmit:
without comment, HB00-1165 and 1299, and ;
without comment, as amended, HB00-1080, 1159, 1181, 1185, 1186, 1222 and 1368,
and;
as amended, with comment, HB00-1223.
Committee On motion of Senator Musgrave, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Musgrave was called to the Chair to act
Whole as Chairman.
Senate Journal-49th Day-February 22, 2000 Page 1
Page 1 Senate Journal-49th Day-February 22, 2000
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:
__________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, all Senate bills were advanced on the General Orders calendar.
__________________________
SB 00-024 by Sen. Nichol; Rep. Morrison--Juveniles And Misdemeanor Sex Offenses
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, February 10, pages 262-263.)
Amendment No. 2, by Senator Nichol
Amend the Judiciary Committee amendment, as printed in Senate Journal, February 10, page 262, line 72, strike "and";
page 263, line 1, strike "summons".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-176 by Sen. Blickensderfer; Rep. Kester--CO Ed & Cul Fac Auth Act Entities Elig
Ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-143 by Sen. Matsunaka--Medicare Eligible Pharmaceutical Assist
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, February 11, page 288.)
Amendment No. 2, by Senator Musgrave
Amend printed bill, page 2, line 11, strike "a" and substitute "an electronic";
line 12, strike "pharmacy," and substitute "pharmacy on a daily basis,".
Amendment No. 3, by Senator Musgrave
Amend printed bill, page 2, line 7, after the period add: "For the purposes of this subsection (4), "providers" includes providers that are mail order or internet vendors.".
Amendment No. 4, by Senator Matsunaka
Amend printed bill, page 2, line 5, strike "charged to recipients under this article" and substitute "paid to pharmacies to provide prescription medications to medicaid recipients";
after line 7, insert the following:
"(b) (I) In order for payment to be made available under paragraph (a) of this subsection (4) for outpatient prescription medications produced by a specific manufacturer, the manufacturer shall have entered into and have in effect a rebate agreement with the state department. The agreement shall be modeled after sec. 1927 of Title XVIII of the federal "Social Security Act" as added by the "Social Security Amendments of 1965" or as later amended or superseded, and shall require the manufacturer to submit rebate payments to the state department quarterly. The state department shall remit all such rebate payments to the general fund annually.
(II) When the price paid by patients pursuant to paragraph (a) of this subsection (4) is lower than the pharmacy's usual and customary charge, the state department shall provide pharmacists with a refund payment. The refund payment shall be an amount that is equal to the rebate amount pursuant to the rebate agreement entered into under subparagraph (I) of this paragraph (b), multiplied by the total number of dosage units dispensed for that prescription. The pharmacy shall be reimbursed by the state department for the total of these rebates on a quarterly basis. The state department shall report to the joint budget committee all rebate payments annually.".
Reletter succeeding paragraphs accordingly.
Page 2, line 15, strike "participation" and substitute "and manufacturer participation".
As amended, referred to the Committee on Appropriations.
________________________
GENERAL ORDERS - SECOND READING OF BILLS - CONTINUED
SB 00-009 by Sen. Owen; Rep. Larson--Conduct Of Administrative Law Judges
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, February 14, page 291.)
Amendment No. 2, by Senator Owen
Amend printed bill, page 1, strike lines 105 and 106 and substitute the following:
"code of judicial conduct.".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-065 by Sen. Owen; Rep. Saliman--Refinancing TANF
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, February 4, page 220.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-094 by Sen. Epps; Rep. Morrison--Continuing Education For Pharmacists
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, January 28, page 177.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-088 by Sen. Epps; Rep. Alexander--Colo Medicaid Program
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, February 14, pages 291-295.)
Amendment No. 2, by Senator Epps
Amend the Health, Environment, Welfare, and Institutions committee report, as printed in Senate Journal, dated February 14, 2000, page 294, strike lines 36 through 41, and substitute the following:
"equitable manner. The general assembly also declares that in order to ensure that medicaid is available for low-income individuals reasonable restrictions consistent with federal law should be placed on the ability of persons to become eligible for medicaid by means of making transfers of property without fair and valuable consideration.".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-145 by Sen. Reeves; Rep. Kaufman--Support Obligations
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, February 14, pages 295-299.)
Amendment No. 2, by Senator Reeves
Amend printed bill, page 12, line 24, strike "On or" and substitute "Except as otherwise provided in paragraph (b) of this subsection (3), on or and".
Page 13, after line 7, insert the following:
"(b) If federal law is changed to prohibit the collection of social security numbers on driver's license applications, the department shall automatically stop its practice of including applicants' social security numbers on applications for driver's minor driver's, and provisional driver's licenses as specified in paragraph (a) of this subsection (3).".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-096 by Sen. Anderson; Rep. McPherson--Vested Property Rights
(Amended in General Orders as printed in Senate Journal, January 28, page 172.)
Amendment No. 1, by Senator Anderson
Amend printed bill, page 4, line 12, strike "consideration" and substitute "consideration, other than a standard application fee,";
line 20, strike "following notice and public hearing," and substitute "following notice and public hearing,";
line 25, after "only", insert "by a specific and formal declaration that vesting shall occur,".
Page 5, strike line 3 and substitute the following:
"without any action other than the approval of the plan itself.".
Amendment No. 2, by Senators Chlouber and Wattenberg
Amend printed bill, page 6, line 10, strike the period and substitute "in any county or city and county with more than fifty thousand inhabitants, as determined by the most recently available federal census data, and any statutory or home rule city or town within such a county.".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage. (For further action, see Roll Call Vote on page 379.)
SB 00-160 by Sen. Evans; Rep. Clapp--Local Control Over Hiring Administrators
Ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-178 by Sen. Teck--Teacher Employment
Amendment No. 1, Education Committee Amendment
(Printed in Senate Journal, February 14, pages 305-308.)
Amendment No. 2, by Senator Teck
Amend printed bill, page 10, after line 11, insert the following:
"SECTION 2. Part 2 of article 7 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
22-7-106. Complaint resolution process - communications committee - procedure. (1) Each school district shall adopt a communications policy by which the school district superintendent may appoint a communications committee to hear and, if possible, resolve issues arising between parents and teachers. Each school district shall implement the communications policy beginning fall semester 2000, and shall include the communications policy in the student handbook.
(2) At a minimum, the communications policy shall:
(a) Allow any parent of a student enrolled in a public school of the school district who has an issue with one of the student's teachers and who has exhausted any informal complaint or conflict resolution process existing at the school or in school district policy to request that the superintendent of the school district appoint a communications committee to consider the issue and recommend a resolution;
(b) Allow the superintendent to determine whether to appoint a communications committee, consisting of a principal and a teacher from a public school other than the school in which the student is enrolled and three parents, or ask the school building accountability committee of another public school of the school district to act as the communications committee;
(c) Instruct the communications committee to meet with the parent and the teacher, to hear both sides of the issue, and to recommend an informal resolution of the issue, if possible, or to submit to the school district superintendent a formal written recommendation for action to resolve the issue;
(d) Require the communications committee, within thirty days after being appointed or requested to act by the school district superintendent, to submit to the superintendent a written report of its actions, including any formal written recommendations for action.
(3) The recommendations of the communications committee shall be subject to and shall not override any state statute or rule and any other school district policy.
(4) The school district, as part of the report submitted pursuant to section 22-7-205, shall specify the number of times during the school year that a parent requested appointment of a communications committee and the resolution achieved or recommended by each communications committee.".
Renumber succeeding section accordingly.
Amendment No. 3, by Senator Matsunaka
Amend the committee amendment, as printed in Senate Journal, February 14, page 307, line 25, strike "department." and substitute "department, and the department shall remove the notice of remediation from its records.".
As amended, referred to the Committee on Appropriations.
SB 00-191 by Sen. Anderson; Rep. George--Compact On Adult Offenders
Ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-189 by Sen. Dennis; Rep. Spence--Disclosure To Grand Jury Witnesses
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, February 16, pages 329-330.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-182 by Sen. Andrews; Rep. Spence--Appoint RTD Board Members
Amendment No. 1, Transportation Committee Amendment
(Printed in Senate Journal, February 18, pages 358-362.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage. (For further action, see Roll Call vote on page 379.)
SB 00-068 by Sen. Chlouber; Rep. Tool--Work Comp Burial Expense Increase
Amendment No. 1, by Senator Chlouber
Amend printed bill, page 2, line 10, strike "said" and substitute "February 1, 2000.";
strike line 11.
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-071 by Sen. Anderson; Rep. Morrison--Use Of Tobacco Moneys
Laid over until Wednesday, February 23, retaining its place on the calendar.
Senator Blickensderfer moved that the Committee of the Whole rise, report progress and beg leave to sit again. A majority of those elected to the Senate having voted in the affirmative, the motion was adopted.
___________________________
ROLL CALL VOTE ON SB00-096
SB 00-096 by Sen. Anderson; Rep. McPherson--Vested Property Rights
Call of Call of Senate.
Senate
On request of Senator Sullivant, the President ordered a roll call vote on SB00-096.
| YES 18 |  | NO 17 | | EXCUSED 0 | | ABSENT 0 | |
| Anderson | Y | Evans | N | Musgrave | Y | Tanner | N |
| Andrews | Y | Feeley | N | Nichol | N | Tebedo | Y |
| Arnold | Y | Hernandez | N | Owen | Y | Teck | Y |
| Blickensderfer | Y | Hillman | Y | Pascoe | N | Thiebaut | N |
| Chlouber | Y | Lacy | N | Perlmutter | N | Wattenberg | Y |
| Congrove | Y | Lamborn | Y | Phillips | N | Weddig | Y |
| Dennis | Y | Linkhart | N | Reeves | N | Wham | N |
| Dyer | Y | Martinez | N | Rupert | N | Mr. President | Y |
| Epps | Y | Matsunaka | N | Sullivant | N | | |
ROLL CALL VOTE ON SB00-182
SB 00-182 by Sen. Andrews; Rep. Spence--Appoint RTD Board Members
Call of Call of Senate.
Senate
On motion of Senator Pascoe, the President ordered a roll call vote on SB00-182
| YES 20 | | NO 15 | | EXCUSED 0 | | ABSENT 0 | |
| Anderson | N | Evans | Y | Musgrave | Y | Tanner | N |
| Andrews | Y | Feeley | N | Nichol | Y | Tebedo | Y |
| Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
| Blickensderfer | Y | Hillman | Y | Pascoe | N | Thiebaut | N |
| Chlouber | Y | Lacy | Y | Perlmutter | N | Wattenberg | N |
| Congrove | Y | Lamborn | Y | Phillips | N | Weddig | N |
| Dennis | Y | Linkhart | N | Reeves | N | Wham | N |
| Dyer | Y | Martinez | N | Rupert | N | Mr. President | Y |
| Epps | Y | Matsunaka | N | Sullivant | Y | | |
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE
On motion of Senator Musgrave, 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:
SB00-176, SB00-160, SB00-191 declared passed on Second Reading.
SB00-024, as amended; SB00-009, as amended; SB00-065, as amended; SB00-094, as
amended; SB00-088, as amended; SB00-145, as amended; SB00-096, as amended;
SB00-189, as amended; SB00-182, as amended; SB00-068, as amended, declared passed
on Second Reading.
SB00-143, as amended; SB00-178, as amended, referred to the Committee on Appropriations.
SB00-071 laid over until Wednesday, February 23, retaining its place on the calendar.
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 00-172 by Sen. Evans; Rep. Kaufman--Title Setting Procedures
Re-referred to the Committee on State, Veterans, and Military Affairs.
Committee On motion of Senator Musgrave, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Musgrave 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:
_______________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, HB00-1396, HB00-1397, HB00-1398, HB00-1399, HB00-1400, HB00-1401, HB00-1402, HB00-1403, HB00-1404, HB00-1405, HB00-1406, HB00-1407, HB00-1408, HB00-1409, HB00-1410, HB00-1411, HB00-1412, HB00-1413, HB00-1414, HB00-1415 were advanced on the General Orders calendar.
_______________________________
HB 00-1396 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Agriculture
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1397 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Corrections
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1398 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Education
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1399 by Rep. Tool; Senator Lacy--Suppl Approp Gov, Lt. Gov, & OSPB
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1400 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Health Policy & Fin
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1401 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Higher Ed
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1402 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Human Services
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, February 18, page 362.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1403 by Rep. Tool; Senator Lacy--Suppl Approp Judicial Department
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1404 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Labor & Employment
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1405 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Law
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1406 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Military Affairs
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1407 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Natural Resources
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1408 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Personnel
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1409 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Pub Health & Envir
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1410 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Public Safety
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1411 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Reg Agencies
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1412 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Revenue
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1413 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of State
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, February 18, page 363.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1414 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Transportation
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, February 18, page 363.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1415 by Rep. Tool; Senator Lacy--Suppl Approp Treasury Dept
Ordered revised and placed on the calendar for Third Reading and Final Passage.
AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE
HB 00-1398 by Rep. Tool; Senator Lacy--Suppl Approp Dept Of Education
Senator Thiebaut moved to amend the Report of the Committee of the Whole to show
that the following Thiebaut floor amendment, made to HB00-1398, did pass:
Amend reengrossed bill, page 6, after line 4, insert the following:
CASH ITEM & GENERAL FUNDS
SUBTOTAL FUND EXEMPT
$ $ $
"Read-to-Achieve
Cash Fund 9,435,793 9,435,793
Read-to-Achieve
Grant Program 9,435,793 9,435,793c";
line 5, in the TOTAL column, strike "20,177,910" and substitute "20,177,910";
after line 5, in the TOTAL column, insert "39,049,496";
after line 8, insert the following:
"c This amount shall be from the Read-to-Achieve Cash Fund created in Section 22-7-506, Colorado Revised Statutes.";
line 11, in the ITEM & SUBTOTAL column, strike "1,941,784,338" and substitute "1,941,784,338" and, in the GENERAL FUND column, strike "1,889,151,837" and substitute "1,889,151,837";
after line 11, in the ITEM & SUBTOTAL COLUMN, insert "1,932,348,545" and, in the GENERAL FUND column, insert "1,879,716,044".
Page 7, line 15, in the TOTAL column, strike "2,130,958,653" and substitute "2,121,522,860".
Page 11, line 3, in the TOTAL column, strike "$2,347,123,275" and substitute "$2,356,559,068" and, in the CASH FUNDS EXEMPT column, strike "$57,435,681a" and substitute "$66,871,474a".
Page 16, before line 1, insert the following:
"SECTION 2. Effective date. This act shall take effect upon passage; except that the two line item appropriations made in subsection (2) of section 1 related to the Read-to-Achieve Grant Program and the adjustment to the Public School Finance, Total Program line item appropriation in subsection (3) of section 1 shall only take effect if the sections of Senate Bill 00-124 that create the Read-to-Achieve Grant Program are enacted as a part of said Senate Bill 00-124 at the Second Regular Session of the Sixty-second General Assembly and become law.".
Renumber succeeding section accordingly.
The motion was declared LOST by the following roll call vote:
| YES 14 | | NO 20 | | EXCUSED 1 | | ABSENT 0 | |
| Anderson | N | Evans | N | Musgrave | N | Tanner | N |
| Andrews | E | Feeley | Y | Nichol | Y | Tebedo | N |
| Arnold | N | Hernandez | Y | Owen | N | Teck | N |
| Blickensderfer | N | Hillman | N | Pascoe | Y | Thiebaut | Y |
| Chlouber | N | Lacy | N | Perlmutter | Y | Wattenberg | N |
| Congrove | N | Lamborn | N | Phillips | Y | Weddig | Y |
| Dennis | N | Linkhart | Y | Reeves | Y | Wham | N |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | N |
| Epps | N | Matsunaka | Y | Sullivant | N | | |
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE
On motion of Senator Musgrave, 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:
HB00-1396, HB00-1397, HB00-1398, HB00-1399, HB00-1400, HB00-1401, HB00-1403, HB00-1404, HB00-1405, HB00-1406, HB00-1407, HB00-1408,
HB00-1409, HB00-1410, HB00-1411, HB00-1412, HB00-1415 declared passed on
Second Reading
HB00-1402, as amended; HB00-1413, as amended; HB00-1414, as amended, declared
passed on Second Reading.
______________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Tuesday, February 22, was laid over until Wednesday, February 23, retaining its place on the calendar.
______________________________
SENATE SERVICES REPORT
Senate Correctly engrossed: SB 00-009, 024, 065, 068, 088, 094, 096, 145,
Services 160, 176, 182, 189, 191.
Correctly Revised: HB 00-1396, 1397, 1398, 1399, 1400, 1401, 1402,
1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411, 1412, 1413,
1414, 1415.
COMMITTEE OF REFERENCE REPORTS
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: HB00-1137
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: HB00-1089
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: HB00-1175
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: HB00-1011
and Labor
Business After consideration on the merits, the committee recommends that HB00-1149 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend reengrossed bill, page 1, line 2, strike "(3) (c) (I) and (3) (c) (II)," and substitute "(3) (c),";
line 3, strike "are" and substitute "is".
Page 2, after line 6, insert the following:
"(III) Income verification for a basic personal injury protection policy shall be through written evidence from the person seeking to qualify for a policy issued pursuant to this subsection (3) of the annual gross income of such person and such person's resident spouse for the most recent tax year available. Such evidence shall be contained in a document acceptable to the policy provider. For persons qualified pursuant to this paragraph (c), further verification of annual gross income shall be required in the same manner every third year following the date upon which the policy is issued.".
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee on Appropriations: HB00-1086
and Labor
Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB00-1243
Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: HB00-1241
Judiciary After consideration on the merits, the committee recommends that SB00-154 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 1, line 9, strike "from a place of origin" and substitute "into or through different municipal, county, or city and county jurisdictions en route to the person's destination; or";
strike lines 10 and 11.
Page 2, strike line 1 and substitute the following:
"SECTION 2. 18-12-105.5 (3) (c), Colorado Revised Statutes, is amended to read:
18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds. (3) It shall not be an offense under this section if:
(c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person's or another's person or property while traveling into or through different municipal, county, or city and county jurisdictions en route to the person's destination; or
SECTION 3. Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
18-12-105.6. Limitation on local ordinances regarding firearms in private vehicles. (1) The general assembly hereby finds that:
(a) A person carrying a weapon in a private automobile or other private means of conveyance for lawful protection of such person's or another's person or property, as permitted in sections 18-12-105 (2) (b) and 18-12-105.5 (3) (c), may tend to travel in or through different county, city and county, and municipal jurisdictions en route to the person's destination;
(b) Inconsistent laws exist in local jurisdictions with regard to the circumstances under which weapons may be carried in automobiles and other private means of conveyance;
(c) This inconsistency creates a confusing patchwork of laws that unfairly subjects a person who lawfully travels with a weapon in or through one jurisdiction to criminal penalties because he or she travels into or through another jurisdiction;
(d) This inconsistency places citizens in the position of not knowing when they may be violating local laws while traveling in, through, or between different jurisdictions, and therefore being unable to avoid committing a crime.
(2) Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for lawful protection of a person's or another's person or property while traveling as permitted in sections 18-12-105 (2) (b) and 18-12-105.5 (3) (c), is a matter of statewide concern.".
Renumber succeeding section accordingly.
Judiciary After consideration on the merits, the committee recommends that HB00-1201 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 5, after line 1, insert the following:
"SECTION 5. 16-4-101 (1) (b) (III), (1) (c), and (5), Colorado Revised Statutes, are amended, and the said 16-4-101 (1) (b) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:
16-4-101. Bailable offenses. (1) All persons shall be bailable by sufficient sureties except:
(b) When, after a hearing held within ninety-six hours of arrest and upon reasonable notice, the court finds that the proof is evident or the presumption is great as to the crime alleged to have been committed and finds that the public would be placed in significant peril if the accused were released on bail and such person is accused in any of the following cases:
(III) A crime of violence alleged to have been committed after two previous felony convictions, or one such previous felony conviction if such conviction was for a crime of violence, upon charges separately brought and tried under the laws of this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States which, if committed in this state, would be a felony; or
(IV) A crime of possession of a weapon by a previous offender alleged to have been committed in violation of section 18-12-108 (2) (b), (2) (c), (4) (b), (4) (c), or (5), C.R.S.; or
(c) When a person has been convicted of a crime of violence or a crime of possession of a weapon by a previous offender, as described in section 18-12-108 (2) (b), (2) (c), (4) (b), (4) (c), or (5), C.R.S., at the trial court level and such person is appealing such conviction or awaiting sentencing for such conviction and the court finds that the public would be placed in significant peril if the convicted person were released on bail.
(5) When a person is arrested for a crime of violence, as defined in section 16-1-104 (8.5), or a criminal offense alleging the use or possession of a deadly weapon or the causing of bodily injury to another person, or a criminal offense alleging the possession of a weapon by a previous offender, as described in section 18-12-108 (2) (b), (2) (c), (4) (b), (4) (c), or (5), C.R.S., and such person is on parole, the law enforcement agency making the arrest shall notify the department of corrections within twenty-four hours. The person so arrested shall not be eligible for bail to be set until at least seventy-two hours from the time of his or her arrest has passed.
SECTION 6. 16-4-201.5 (1), Colorado Revised Statutes, is amended read:
16-4-201.5. Right to bail after a conviction - exceptions. (1) The court may grant bail after a person is convicted, pending sentencing or appeal, only as provided by this part 2; except that no bail is allowed for persons convicted of:
(a) Murder;
(b) Any felony sexual assault involving the use of a deadly weapon;
(c) Any felony sexual assault committed against a child who is under fifteen years of age;
(d) A crime of violence, as defined in section 16-11-309; or
(e) Any felony during the commission of which the person used a firearm; or
(f) A crime of possession of a weapon by a previous offender, as described in section 18-12-108 (2) (b), (2) (c), (4) (b), (4) (c), or (5), C.R.S.".
Renumber succeeding sections accordingly.
MESSAGE FROM THE HOUSE
The House has passed on Third Reading and transmitted to the Revisor of Statutes
HB00-1007,1025,1048,1195,1271,1277,1281,1284,1313,1319,1326,1352,
The House has passed on Third Reading and transmitted to the Revisor of Statutes
HB00-1049, amended as printed in House Journal, February 21, pages 646-647.
HB00-1103, amended as printed in House Journal, February 21, page 647.
HB00-1116, amended as printed in House Journal, February 21, page 650.
HB00-1142, amended as printed in House Journal, February 21, page 652.
HB00-1150, amended as printed in House Journal, February 21, page 674.
HB00-1167, amended as printed in House Journal, February 21, page 680.
HB00-1202, amended as printed in House Journal, February 21, page 675.
HB00-1205, amended as printed in House Journal, February 21, page 675-676,
and on Third Reading as printed in House Journal February 22, page 698.
HB00-1249, amended as printed in House Journal, February 21, page 645.
HB00-1259, amended as printed in House Journal, February 21, page 646.
HB00-1260, amended as printed in House Journal, February 21, page 682.
HB00-1268, amended as printed in House Journal, February 21, page 650.
HB00-1290, amended as printed in House Journal, February 21, page 676-677.
HB00-1291, amended as printed in House Journal, February 21, page 646.
HB00-1301, amended as printed in House Journal, February 21, page 677.
HB00-1302, amended as printed in House Journal, February 21, page 677-678.
HB00-1304, amended as printed in House Journal, February 21, page 681-682.
HB00-1306, amended as printed in House Journal, February 21, page 652.
HB00-1314, amended as printed in House Journal, February 21, page 650.
HB00-1315, amended as printed in House Journal, February 21, page 645.
HB00-1332, amended as printed in House Journal, February 21, page 646.
HB00-1336, amended as printed in House Journal, February 21, page 680-681.
HB00-1391, amended as printed in House Journal, February 21, page 653.
HB00-1394, amended as printed in House Journal, February 21, page 682.
MESSAGE FROM THE REVISOR
February 22, 2000
We herewith transmit:
without comment, HB00-1007, 1025, 1048, 1195, 1271, 1277, 1281, 1284, 1313, 1319, 1326, and 1352; and
without comment, as amended, HB00-1049, 1103, 1116, 1142, 1150, 1167, 1202, 1205, 1249, 1259, 1260, 1268, 1290, 1291, 1301, 1302, 1304, 1306, 1314, 1315, 1332, 1336, 1391, and 1394.
INTRODUCTION OF BILLS
The following bills were read by title and referred to the committees indicated:
HB 00-1007 by Representative S. Williams; also Senator Dyer--Concerning revenues received by the regional transportation district.
HB 00-1025 by Representatives Clarke, Leyba, Taylor and Young; also Senators Linkhart, Anderson, Lamborn and Reeves--Concerning the Colorado children's trust fund.
Health, Environment, Welfare & Institutions
Appropriations
HB 00-1048 by Representative Mitchell; also Senator Arnold--Concerning the continuation of the voluntary contribution on state individual income tax returns for the Colorado special olympics to provide funding.
HB 00-1049 by Representative McPherson; also Senator Lacy--Concerning the allowance of an earned income tax credit for all income tax years regardless of whether state revenues exceed the constitutional limitation on state fiscal year spending.
HB 00-1080 by Representative Kaufman; also Senator Dyer--Concerning the application of the "Colorado Uniform Prudent Investor Act" to investments of portions of volunteer firefighter pension funds that are not affiliated with the fire and police pension association.
State, Veterans, & Military Affairs
HB 00-1103 by Representative Spradley; also Senators Owen, Tebedo--Concerning the reduction of the state income tax rate, and making an appropriation in connection therewith.
HB 00-1116 by Representative George; also Senator Wham--Concerning the legal consequences of acts of fraud against senior citizens.
HB 00-1142 by Representative Witwer; also Senator Arnold--Concerning the requirement for commercial vehicles that are equipped with engine compression brake devices to have mufflers for such devices.
Transportation
Appropriations
HB 00-1150 by Representative Leyba; also Senator Feeley--Concerning creation of specific parole provisions for special needs offenders.
HB 00-1159 by Representatives Allen, Dean, Kester; also Senator Anderson--Concerning the financing of public schools, and making an appropriation in connection therewith.
HB 00-1165 by Representative Kaufman; also Senator Wham--Concerning creation of a statutory exception to the hearsay rule of evidence.
HB 00-1167 by Representative Swenson; also Senator Musgrave--Concerning maximization of the use of the waste tire cleanup fund.
Transportation
Appropriations
HB 00-1181 by Representative Spence; also Senator Andrews--Concerning the formation of charter schools.
HB 00-1185 by Representative Berry; also Senator Matsunaka--Concerning the "Uniform Consumer Credit Code".
HB 00-1186 by Representatives George, May, Kester, Alexander, Allen, Dean, Decker, Gotlieb, Hoppe, Kaufman, King, Larson, Lawrence, McElhany, McKay, Miller, Smith, Swenson, Taylor, Tool, Williams T.; also Senators Anderson, Chlouber, Dennis, Dyer, Epps, Powers, Reeves, Teck, Wattenberg--Concerning the relationship between motor vehicle dealers and manufacturers.
HB 00-1195 by Representative Tate; also Senator Matsunaka--Concerning measures to correct underutilization of protected classes in the state personnel system.
State, Veterans, & Military Affairs
Appropriations
HB 00-1202 by Representatives Clapp, Dean, Decker, Fairbank, King, Lee, McKay, Nunez, Paschall and Pfiffner; also Senator Musgrave--Concerning access to student information.
HB 00-1205 by Representatives Hagedorn and Tool; also Senator Dennis--Concerning the licensure of addiction counselors.
State, Veterans, & Military Affairs
HB 00-1222 by Representative Bacon; also Senator Matsunaka--Concerning maintenance of public employee retirement benefits for retirees who are hired as nonlicensed employees by a school district during a critical employee shortage.
HB 00-1223 by Representatives Smith, Berry, Coleman, Johnson, Kaufman, Keller, Kester, Larson, Morrison and Webster; also Senators Anderson, Pascoe, Feeley, Lacy, Matsunaka, Phillips and Weddig--Concerning enhanced land use planning relationships among local governments.
Agriculture, Natural Resources, and Energy
Local Government
HB 00-1249 by Representatives Paschall, Alexander, Clapp, Dean, Decker, Fairbank, Hefley, King, Lee, May, McKay, Mitchell, Scott, Sinclair and Witwer; also Senators Andrews, Congrove, Evans, Hillman and Teck--Concerning strengthening of the marriage relationship.
State, Veterans, & Military Affairs
HB 00-1259 by Representatives McPherson and Gordon; also Senator Teck--Concerning the reduction of the state sales and use tax rate, and making an appropriation in connection therewith.
HB 00-1260 by Representative Dean; also Senator Lacy--Concerning the exoneration of a person executing a bail bond from liability after a period of three years.
HB 00-1268 by Representatives McKay and McPherson; also Senators Teck and Congrove--Concerning the assessment of property for property tax purposes.
HB 00-1271 by Representative Mitchell; also Senator Anderson--Concerning the authority of a board of a special district to divide the district into areas, and, in connection therewith, allowing the board to furnish services, programs, and facilities within such areas and to levy taxes upon property within such areas to pay the costs associated with furnishing any services, programs, and facilities within such areas.
HB 00-1277 by Representative Dean; also Senator Sullivant--Concerning the eminent domain proceedings by the board of a park and recreation district, and, in connection therewith, requiring the court to appoint an arbitrator if requested by all of the owners of a parcel of real property being condemned by a park and recreation district.
HB 00-1281 by Representative Kaufman; also Senator Matsunaka--Concerning the modification of land use requirements for cluster developments.
Local Government
Agriculture, Natural Resources, and Energy
HB 00-1284 by Representatives Tate and Mace; also Senator Tanner--Concerning housing authorities.
HB 00-1290 by Representative Gotlieb; also Senator Wattenberg--Concerning the extension of an increase in water quality control permit program fees, and, in connection therewith, adding an element to a reporting requirement concerning such program.
Agriculture, Natural Resources, and Energy
HB 00-1301 by Representatives Vigil and Tapia; also Senator Dennis--Concerning a requirement for moneys in racing purse trust accounts to be federally protected.
Agriculture, Natural Resources, and Energy
HB 00-1302 by Representative Kaufman; also Senator Matsunaka--Concerning tax incentives for owners of qualified low-income housing developments.
HB 00-1304 by Representative McElhany; also Senator Hillman--Concerning the implementation of constitutional amendments relating to information provided to the electorate for an election on a ballot issue.
State, Veterans, & Military Affairs
HB 00-1306 by Representatives McPherson and Smith; also Senator Teck--Concerning incentives for redevelopment of contaminated land, and making an appropriation in connection therewith.
HB 00-1313 by Representative McElhany; also Senator Epps--Concerning requirements related to the provision of assistance in voting for disabled electors.
State, Veterans, & Military Affairs
HB 00-1314 by Representative Johnson; also Senator Wattenberg--Concerning authority for the division of wildlife to reintroduce in Colorado two endangered species that are listed under the federal "Endangered Species Act of 1973", and, in connection therewith, authorizing the reintroduction of the bonytail and the black-footed ferret.
Agriculture, Natural Resources, and Energy
HB 00-1315 by Representative Allen; also Senator Hillman--Concerning standards for reclaimed domestic wastewater to be used for purposes other than drinking.
Agriculture, Natural Resources, and Energy
HB 00-1319 by Representative Takis; also Senator Weddig--Concerning the provision of notices of an election by election officials.
State, Veterans, & Military Affairs
HB 00-1326 by Representatives Scott and Dean; also Senator Lamborn--Concerning the "Uniform Principal and Income Act".
HB 00-1332 by Representative Larson; also Senator Dyer--Concerning the authority of a local governing body to place a weed assessment upon private lands to manage noxious weeds.
Agriculture, Natural Resources, and Energy
HB 00-1336 by Representatives Coleman and Ragsdale; also Senator Linkhart--Concerning access to adoption records.
State, Veterans, & Military Affairs
HB 00-1352 by Representatives Dean, George and Gordon; also Senators Blickensderfer, Powers and Feeley--Concerning the payment of expenses of the legislative department, and making an appropriation in connection therewith.
HB 00-1368 by Representatives Lee, Fairbank and McKay; also Senator Blickensderfer--Concerning compliance by certain residential facilities with local government zoning requirements as a condition to state licensure of such facilities.
HB 00-1391 by Representative Gotlieb; also Senator Teck--Concerning student election judges.
State, Veterans, & Military Affairs
HB 00-1394 by Representative McPherson; also Senator Blickensderfer--Concerning methods to prevent voter fraud in state elections.
State, Veterans, & Military Affairs
________________________________
On motion of Senator Chlouber, the Senate adjourned until 9:00 a.m., Wednesday, February 23, 2000.
Approved:
Ray Powers
President of the Senate
Patricia K. Dicks
Secretary of the Senate
LC: