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
90th Legislative Day Monday, April 3, 2000
Call to By the President at 10:00 a.m.
Order
Prayer By the chaplain, Reverend Glen Hamlyn, Rocky Mountain Cathedral, Denver.
Roll Call Present--Total, 30.
Absent/Excused--Lacy, Musgrave, Tanner, Tebedo, Thiebaut--Total, 5.
Present later--Lacy, Tanner, Tebedo.
Quorum The President announced a quorum present.
Reading of On motion of Senator Dyer, reading of the Journal of Friday, March 31st was
Journal dispensed with and the Journal stands approved as corrected by the Secretary.
SENATE SERVICES REPORT
Senate To the governor for signature on Monday, April 3, 2000, at 8:50 am:
Services SB 00-186.
MESSAGE FROM THE HOUSE
In response to the request of the Senate, the Speaker has appointed Representatives Taylor, chairman, Spradley, and Miller as House conferees on the First Conference Committee on SB00-132.
MESSAGE FROM THE REVISOR
March 31, 2000
We herewith transmit:
without comment, as amended, SB00-069 and 195.
MESSAGE FROM THE GOVERNOR
To the Honorable Senate
Sixty-second General Assembly
Second Regular Session
Denver, CO 80203
I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:
Senate Journal-90th Day-April 3, 2000 Page 1
Page 1 Senate Journal-90th Day-April 3, 2000
SB 00 - 039 - Concerning Authorization For The Use Of Moneys In the Special Building And Technology Fund To Purchase Building Security Technology.
Approved March 31, 2000 at 10:17 a.m.
SB 00 - 078 - Concerning The Assignment Of The City And County Of Broomfield To A Judicial District.
Approved March 30, 2000 at 4:42 p.m.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 3/31/00
P. Dicks, Secretary
INTRODUCTION OF BILL
The following bill was read by title and referred to the committee indicated:
SB 00-213 By Senators Wattenberg, Anderson, Andrews, Hillman, Owen, Powers, and Tebedo; also Representatives Berry, May, Alexander, Allen, Dean, Hoppe, Johnson, King, Lawrence, McKay, Miller, Mitchell, Paschall, Pfiffner, Smith, Swenson, Williams T., and Young--Concerning the reclassification of state agencies as type 2 agencies for purposes of the "Administrative Organization Act of 1968".
State, Veterans, & Military Affairs
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The President has signed: HB00-1029, 1122, 1234.
_________________________
Call of Call of Senate.
Senate
______________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Special Orders.
______________________________
On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB00-1159 was made Special Orders at 11:00 a.m.
__________________________
Committee The hour of 11:00 a.m. having arrived, Senator Evans moved that the Senate resolve
of the itself into Committee of the Whole for consideration of Special Orders and Senator
Whole Evans was called to the Chair to act as Chairman.
SPECIAL ORDERS--SECOND READING OF BILL--11:00 A. M.
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:
HB 00-1159 by Rep. Allen; Senator Anderson--School Finance
Amendment No. 1, Education Committee Amendment
(Printed in Senate Journal, March 3, page 477.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, March 27, pages 758-759.)
Amendment No. 3, by Senators Anderson and Reeves
Amend the Appropriations Committee amendment, as printed in Senate Journal, March 27, page 758, strike line 71 and substitute the following:
"Amend reengrossed bill, page 2, line 26, strike "$136" and substitute "$123.70".
Page 9, strike lines 25 and 26 and substitute the following:
"out of any moneys in the state public school fund created in section 22-54-114, Colorado Revised Statutes, not otherwise appropriated, to the department of education, public school finance, for the state share of districts' total program funding, for the fiscal year beginning July 1, 2000, the sum of eight million nine hundred sixty-three thousand eight hundred thirty-two dollars ($8,963,832), or so much thereof as may be necessary, for the implementation of this act.".".
Amendment No. 4, by Senator Anderson
Amend the Appropriations Committee amendment, as printed in Senate Journal, March 27, page 758, strike line 71 and substitute the following:
"Amend reengrossed bill, page 9, after line 22, insert the following:
"SECTION 9. 24-75-102, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
24-75-102. Appropriations expended, when - balance. (3) Any moneys appropriated to all departments of state government for the 1999-2000 fiscal year that would otherwise revert to the general fund pursuant to subsection (1) of this section shall be transferred by the state treasurer to the state public school fund created in section 22-54-114, C.R.S.; except that the amount transferred shall not exceed two million dollars. This subsection (3) is repealed, effective September 1, 2000.".
Renumber succeeding sections accordingly.".
Amendment No. 5, by Senator Anderson
Amend reengrossed bill, page 2, line 15, strike "1998-99";
strike lines 16 through 20 and substitute the following:
" prior budget year or the size factor used in the calculation for the applicable budget year, whichever is less, and the at-risk factor calculated for the district using a base at-risk factor of eleven and one-half percent.".
Amendment No. 6, by Senator Anderson
Amend reengrossed bill, page 6, after line 26, insert the following:
"SECTION 6. 22-54-104 (5) (f), Colorado Revised Statutes, is amended to read:
22-54-104. District total program - repeal. (5) For purposes of the formulas used in this section:
(f) (I) If the district percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and the district's funded pupil count is greater than four hundred fifty-nine but not in excess of fifty thousand, the district's at-risk factor shall be 11.5% plus a 0.30 percentage point for each percentage point that the district percentage of at-risk pupils exceeds the statewide average percentage of at-risk pupils; except that no district's at-risk factor shall exceed 30%.
(II) If the district percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and the district's funded pupil count is greater than fifty thousand, the district's at-risk factor shall be 11.5% plus a 0.34 percentage point for each percentage point that the district percentage of at-risk pupils exceeds the statewide average percentage of at-risk pupils; except that no district's at-risk factor shall exceed 30%.".
Renumber succeeding sections accordingly.
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE
HB 00-1159 by Rep. Allen; Senator Anderson--School Finance
Senator Linkhart moved to amend the Report of the Committee of the Whole to show
that the following Linkhart floor amendment to HB00-1159, as amended, did pass:
Amend reengrossed bill, page 10, after line 7, insert the following:
"(2) In addition to any other appropriation, there is hereby appropriated, out of any money in the general fund not otherwise appropriated, to the department of education, public school finance, for the state share of districts' total program funding, for the fiscal year beginning July 1, 2000, the sum of eleven million dollars ($11,000,000), or so much thereof as may be necessary.".
Renumber succeeding subsections accordingly.
Page 11, after line 4, insert the following:
"SECTION 10. Appropriation - adjustments to the 1999 long bill. (1) For implementation of this act, appropriations made in Part VII of section 2 of chapter 364, Session Laws of Colorado 1999, shall be adjusted as follows:
(a) The appropriation to the department of human services, division of self-sufficiency, for the short-term works emergency fund, shall be reduced by eleven million dollars ($11,000,000). Said sum shall be from federal temporary assistance for needy families block grant funds.
(b) The appropriation to the department of human services, division of children, youth and families, for child welfare services, shall be amended as follows:
(I) The appropriation from the general fund shall be reduced by eleven million dollars ($11,000,000).
(II) The appropriation from federal funds shall be increased by eleven million dollars ($11,000,000). Said sum shall be from federal temporary assistance for needy families block grant funds that have been transferred to programs funded by Title XX of the federal Social Security Act, as authorized under federal law.".
The motion was declared LOST by the following roll call vote:
| YES 13 |  | NO 20 | | EXCUSED 2 | | ABSENT 0 | |
| Anderson | N | Evans | N | Musgrave | E | Tanner | N |
| Andrews | N | Feeley | Y | Nichol | Y | Tebedo | N |
| Arnold | N | Hernandez | Y | Owen | N | Teck | N |
| Blickensderfer | N | Hillman | N | Pascoe | Y | Thiebaut | E |
| 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 Evans, 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:
HB00-1159, 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 Monday, April 3, was laid over until Tuesday, April 4, retaining its place on the calendar.
______________________________
SENATE SERVICES REPORT
Senate Correctly revised: HB 00-1159.
Services
COMMITTEE OF REFERENCE REPORTS
Approp- After consideration on the merits, the committee recommends that SB00-085 be
riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 9, line 15, after "librarian", insert "for purposes of this part 4".
Page 10, line 14, strike "for" and substitute "to";
line 17, strike "($2,000,000)." and substitute "($2,000,000), to be used for purposes consistent with the creation of the fund.";
strike lines 19 through 26 and substitute the following:
"appropriated, out of the state grants to publicly-supported libraries fund created in section 24-90-407, Colorado Revised Statutes, to the department of education, for the fiscal year beginning July 1, 2000, the sum of two million dollars ($2,000,000) and 0.5 FTE, or so much thereof as may be necessary, for the implementation of this act. Of said sum, no more than 2.5 percent shall be expended".
Approp- After consideration on the merits, the committee recommends that SB00-163 be
riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 4, after line 5, insert the following:
"SECTION 2. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the drug offender surcharge fund, created in section 18-19-103, Colorado Revised Statutes, not otherwise appropriated, for the fiscal year beginning July 1, 2000, the sum of six hundred sixty-eight thousand six hundred fourteen dollars ($668,614) and 6.9 FTE, or so much thereof as may be necessary, for the implementation of this act. Of such sum, five hundred ninety-four thousand seven hundred one dollars ($594,701) and 5.3 FTE, or so much thereof as may be necessary, is appropriated to the judicial department, and seventy-three thousand nine hundred fourteen dollars ($73,913) and 1.6 FTE, or so much thereof as may be necessary, is appropriated to the public defender.".
Renumber succeeding section accordingly.
Page 1, line 101, strike "offenders." and substitute "offenders, and making an appropriation therefor.".
Approp- After consideration on the merits, the committee recommends that SB00-007 be
riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 1, line 2, strike "Part 5 of article 15 of title 40," and substitute "Part 2 of article 37.5 of title 24,".
Page 2, line 1, strike "40-15-511." and substitute "24-37.5-206." and, strike "council" and substitute "council.";
line 2, strike "- creation - composition - support. (1) (a)";
line 3, strike "created." and substitute "created";
strike lines 4 through 26 and substitute the following:
"as a subcommittee within the commission on information management created in section 24-37.5-201.".
Strike page 3.
Page 4, strike lines 1 through 16;
line 17, strike "40-15-512. Duties of council." and substitute "24-37.5-207. Duties of the telecommunications and technologies council.", and strike "state" and substitute "commission on information management and the";
line 19, strike "40-15-511," and substitute "25-37.5-206,".
Page 5, line 1, after "the", insert "commission on information management and the", and strike "deems" and substitute "deem";
strike line 3;
line 4, strike "shall not be limited to," and substitute "(2) The commission on information management and the council shall address and assess the best methods to achieve the state telecommunications goals of";
line 5, strike "services," and substitute "services", and before "use", insert "the";
line 8, before "council", insert "commission on information management and the";
line 9, strike "the status" and substitute "and assess the current condition";
line 10, strike "services;" and substitute "services and infrastructure;";
line 11, after "identify", insert "and map" and, after "of", insert "public and private";
line 12, strike "state, both" and substitute "state;";
strike line 13;
line 17, strike "Develop a state" and substitute "Create a state action";
line 20, strike "Determine how best" and substitute "Recommend to the governor and the general assembly the best means";
line 22, strike "infrastructure;" and substitute "infrastructure and private donations, grants, and bequests dedicated to developing and maintaining infrastructure;";
strike lines 23 through 25.
Renumber succeeding paragraphs accordingly.
line 26, strike "Analyze" and substitute "Identify and analyze" and, strike "national" and substitute "international, national,".
Page 6, line 4, strike "legislature" and substitute "general assembly";
strike line 6 and substitute the following:
"24-37.5-207 (2) and in accordance with the four-year strategic plan developed by the office of innovation and technology pursuant to section 24-37.5-106 (1) (a).
SECTION 2. No Appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys in necessary to carry out the purposes of this act.".
Renumber succeeding sections accordingly.
MESSAGE FROM THE HOUSE:
The House has passed on Third Reading and transmitted to the Revisor of Statutes;
HB00-1246, amended as printed in House Journal, March 31, pages 1218-1219.
HB00-1033, amended as printed in House Journal, March 31, pages 1219-1220.
HB00-1042, amended as printed in House Journal, March 31, page 1220.
HB00-1426, amended as printed in House Journal, March 31, page 1222 .
SB00-154, amended as printed in House Journal, March 31, pages 1222-1223.
MESSAGE FROM THE REVISOR
April 3, 2000
We herewith transmit:
without comment, as amended, HB00-1033, 1042, 1246, 1426, and;
without comment, as amended, SB00-154.
INTRODUCTION OF BILLS
The following bills were read by title and referred to the committees indicated:
HB 00-1033 by Representatives Tool and Kester; also Senators Anderson and Martinez--Concerning a continuing examination of the treatment of persons with mental illness who are involved in the criminal justice system, and making an appropriation therefor.
HB 00-1042 by Representative Larson; also Senator Dyer--Concerning payments made by recipients of purple hearts for special license plates, and making an appropriation in connection therewith.
Transportation
Appropriations
HB 00-1246 by Representative Tupa; also Senator Epps--Concerning safety standards for body art facilities.
State, Veterans, & Military Affairs
Appropriations
HB 00-1426 by Representatives Hefley, Kaufman, Decker, Fairbank, McPherson, Mitchell, Spence, Swenson and Veiga; also Senator Evans--Concerning traffic laws governing restraints on drivers' licenses.
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The President has signed: HB00-1047
___________________________
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON HB00-1151
*****************************
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 HB00-1151, concerning the issuance of professional educator licenses to persons holding educator licenses issued by other states, has met and reports that it has agreed upon the following:
That the House accede to the Senate amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:
Amend rerevised bill, page 3, line 2, strike "four" and substitute "three".
House Committee: Senate Committee:
(Signed) (Signed)
Rep. Dorothy Gotlieb, Chairman Sen. John Evans, Chairman
Rep. Debbie Allen Sen. John Andrews, Jr.
Rep. Ron Tupa Sen. Jim Dyer
TRIBUTES--A POINT OF INTEREST
Memorializing LeVert W. Hoag by Senator Dennis and Representatives Spradley and Lawrence
Honoring Jack A. Weil by Senators Chlouber, Musgrave, Wattenberg, Dennis and Powers and Representatives Taylor, George, Young, Hoppe and Larsen
Honoring Matt Bryan by Senator Musgrave
Honoring Amber Northrup by Senator Musgrave
Honoring Amy Johnson by Senator Musgrave
Honoring Amber Whitlock by Senator Musgrave
Honoring Stacey Bringelson by Senator Musgrave
Honoring Jessica Mertens by Senator Musgrave
Honoring Andi Whitlock by Senator Musgrave
Honoring Mitchell Farnik by Senator Musgrave
Honoring Tony Sweet by Senator Musgrave
Honoring Lynelle Kugler by Senator Musgrave
Honoring Sheila Mertens by Senator Musgrave
Honoring Shane Gillespie by Senator Musgrave
Honoring Kim Kilmer by Senator Musgrave
___________________________
On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Tuesday,
April 4, 2000.
Approved:
Ray Powers
President of the Senate
Patricia K. Dicks
Secretary of the Senate
LC: