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
51st Legislative Day Thursday, February 24, 2000
Call to By the President Pro Tem at 9:00 a.m.
Order
Prayer By the chaplain, Reverend Arlyn Tolzmann, Holy Cross Lutheran Church, Wheat Ridge.
Roll Call Present--Total, 32.
Absent/Excused--Lacy, Matsunaka, Powers.
Present later--Lacy, Matsunaka.
Quorum The President announced a quorum present.
Reading of On motion of Senator Nichol, reading of the Journal of Wednesday, February 23rd was
Journal dispensed with and the Journal stands approved as corrected by the Secretary.
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:
HB 00-1109 by Rep. McPherson; Senator Powers--Addition Of District Court Judges
Laid over until Monday, February 28, retaining its place on the calendar.
Committee On motion of Senator Hillman, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Hillman was called to the Chair to act
Whole as Chairman.
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman reported that the following bills, reading at length having been dispensed with by unanimous consent, had been considered and action taken thereon as follows:
SB 00-071 by Sen. Anderson; Rep. Morrison--Use Of Tobacco Moneys
Amendment No. 1, Health, Environment, Welfare and Institutions Committee Amendment
(Printed in Senate Journal, January 28, pages 177-179.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, February 18, pages 364-365.)
Amendment No. 3, by Senator Anderson
Amend printed bill, page 49, line 21, strike the first "association" and substitute "alliance".
Page 57, line 13, strike "reading" and substitute "literacy".
Page 58, line 8, before "literacy", insert "intensive".
Senate Journal-51st Day-February 24, 2000 Page 1
Page 1 Senate Journal-51st Day-February 24, 2000
Amendment No. 4, by Senator Anderson
Amend printed bill, page 54, line 17, strike "second, third, and" and substitute "second- and third-grade pupils and pupils between the third and fourth grades";
line 18, strike "fourth grade pupils";
line 19, after "board", insert "of education";
line 20, strike "their" and substitute "each";
line 22, strike "referred to in this section as the "board",";
line 23, strike "nine" and substitute "eleven";
line 24, strike "and";
strike line 25 and substitute the following:
"(II) One member of the state board of education selected by the state board of education;
(III) One member of the senate appointed by the president of the senate;
(IV) One member of the house of representatives appointed by the speaker of the house of representatives;
(V) Seven members appointed by the governor, with the".
Page 55, strike line 1.
Reletter succeeding sub-subparagraphs accordingly.
Page 55, line 13, before "board", insert "read to achieve";
line 15, strike "four" and substitute "three";
line 16, after "member", insert "appointed by the governor";
strike line 18 and substitute the following:
"(II) The governor, president of the senate, or speaker of the house of representatives may remove any read to achieve board member appointed by him or her";
line 21, before "board", insert "read to achieve", and strike "due to death, disqualification, removal, or";
line 22, strike "resignation of a member", and strike "governor" and substitute "governor, president of the senate, or speaker of the house of representatives";
line 25, before "board", insert "read to achieve".
Page 56, line 4, after "The", insert "read to achieve";
line 6, after "school", insert "or collaborative group of schools applying jointly";
strike line 8 and substitute the following:
"second- and third-grade pupils at the school. Any such grant shall be used to supplement and not supplant any moneys currently being used on such programs. Such";
line 12, after "school", insert "literacy";
line 17, strike "during the";
line 18, strike "summer";
strike line 23 and substitute the following:
"(c) The read to achieve board shall recommend to the state board of education those";
line 26, strike "board," and substitute "read to achieve board,".
Page 57, strike line 2 and substitute the following:
"(I) The number of second- and third-grade pupils";
line 3, after "school", insert "or collaborative group of schools applying jointly";
line 5, before "model", insert "research";
line 6, strike "schools." and substitute "public or charter schools in the nation.";
strike lines 7 through 10 and substitute the following:
"(d) The read to achieve board annually shall submit to the state board of education for approval a list of recommended grant recipients and the amount to be awarded to each recommended grant recipient by a date specified by rule of the state board of education. In selecting grant recipients, the read to achieve board, to the extent possible, shall ensure that grants are awarded to schools in a variety of geographic areas of the state. The state board of education shall either approve or disapprove the entire list of entities by responding to the read to achieve board within forty days. If the state board of education has not responded to the read to achieve board within forty days after receipt of the list, the list shall be deemed approved. If the state board of education disapproves a list, the read to achieve board may submit a replacement list within sixty days after such disapproval.
(e) (I) If a school is awarded a grant pursuant to this section for more than one year, the school shall be eligible for moneys in the second or third year of the grant only if the school meets the goals established in its application including the demonstration that at least twenty-five percent of the pupils enrolled in the intensive reading program in the prior year improved their reading skills to at least grade level or achieved proficiency on the state assessment in reading for their grade level.
(II) A school that has previously received a grant pursuant to this".
Reletter succeeding paragraphs accordingly.
Page 57, line 16, before "board", insert "read to achieve";
line 18, after "board", insert "of education";
strike lines 23 through 25 and substitute the following:
"at the time of enrollment, below grade level for second- and third-grade pupils.";
line 26, after "board", insert "of education".
Page 58, line 7, strike "schools;" and substitute "schools; and".
Page 59, line 15, strike "five" and substitute "one";
line 17, before "board", insert "read to achieve" and after the period, insert "If the read to achieve board is unable to administer this program with existing personnel, the read to achieve board shall contract with private sources for such services.".
Page 60, line 18, strike "For compliance with this section," and substitute "For compliance with this section,";
line 20, strike "The plan An individual literacy plan" and substitute "The plan".
Page 61, line 3, strike "for reading classes" and substitute "for reading classes";
line 6, strike "during the summer";
line 8, strike "summer" and substitute "program".
Amendment No. 5, by Senator Epps
Amend the Health, Environment, Welfare, and Institutions Committee amendment, as printed in Senate Journal, January 28, page 178, line 27, strike "dollars.";" and substitute the following:
"dollars;
(f) The Colorado state veterans trust fund, created in section 26-10-111, C.R.S., shall receive one 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 one million dollars.";".
Page 179, after line 20, insert the following:
"Page 28, after line 26, insert the following:
"SECTION 6. 26-10-102, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:
26-10-102. Definitions. As used in this article, unless the context otherwise requires:
(3.7) "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.
(3.9) "Trust fund" means the Colorado state veterans trust fund created in section 26-10-111.
SECTION 7. Article 10 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
26-10-111. Colorado state veterans trust fund - created - report. (1) There is hereby created in the state treasury the Colorado state veterans trust fund that shall consist of the moneys appropriated thereto pursuant to subsection (2) of this section. The funds in the trust fund shall be used for capital improvements or needed amenities for existing or future state veterans nursing homes, and costs incurred by existing or future state veterans cemeteries and veterans outreach programs administered by the division. In addition, the state treasurer may credit to the trust fund any public or private gifts, grants, or donations received by the department of human services for implementation of the purposes specified in this subsection (1). In addition, the division may retain up to five percent of the amount annually appropriated from the trust fund for the actual costs incurred by the division and the board in implementing the provisions of this article. Notwithstanding the provisions of section 24-36-114, C.R.S., all interest derived from the deposit and investment of moneys in the trust fund shall be credited to the trust fund.
(2) (a) Beginning in fiscal year 2000-01 and for each fiscal year thereafter so long as the state receives moneys pursuant to the master settlement agreement, the general assembly shall annually appropriate to the trust fund one percent of the amount transmitted to the state treasurer pursuant to the provisions of the master settlement agreement during the preceding fiscal year; except that the amount so appropriated to the trust fund in any fiscal year shall not exceed one million dollars. The general assembly shall appropriate the amount specified in this subsection (2) 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 (2), for the fiscal year in which the first payment of moneys pursuant to the master settlement agreement is received, the percentage appropriated to the trust 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.
(3) All of the funds appropriated to the trust fund pursuant to subsection (2) of this section in fiscal year 2000-01 shall be credited to the trust fund and retained as principal in the trust fund. For fiscal years 2001-02 and fiscal years thereafter, seventy-five percent of the amount of annual appropriations made pursuant to subsection (2) of this section shall be credited to the trust fund and retained as principal in the trust fund. For fiscal years 2001-02 and fiscal years thereafter, twenty-five percent of the amount of annual appropriations made pursuant to subsection (2) of this section and any interest earned on the principal in the trust fund shall be subject to annual appropriation by the general assembly and may be allocated by the board for the purposes outlined in subsection (1) of this section.
(4) Funds shall be allocated out of the trust fund using the following process: The director of the state and veterans nursing homes or the director of the division of veterans affairs shall submit to the board a written request for funds to be used for the purposes described in subsection (1) of this section. The board shall vote on the request for funds. A majority vote shall be sufficient to approve an allocation of funds out of the trust fund.
(5) (a) The board shall prepare a report evaluating the implementation of this section, including the number and type of improvements or additions to nursing homes that have been made, the number and type of improvements to veterans cemeteries, the number of veterans served through the veterans outreach program, and the results achieved as a result of allocations made out of the trust fund.
(b) The department shall submit the report to the department of public health and environment for inclusion in the report prepared by said department pursuant to section 25-1-108.5 (3), C.R.S.".
Renumber succeeding sections accordingly.".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SCR 00-002 by Sen. Blickensderfer; Rep. Dean--Timetable Redistricting General Assembly
Laid over until Friday, February 25, retaining its place on the calendar.
____________________________
The following bills on the General Orders calendar of Thursday, February 24, were laid over until Friday, February 25, retaining their place on the calendar:
HB00-1152, HB00-1113, HB00-1226, HB00-1092, HB00-1091, HB00-1087,
HB00-1027, HB00-1216, HB00-1059, HB00-1194, HB00-1073, HB00-1075, HB00-1005,
HB00-1006, HB00-1017, HB00-1018, HB00-1022, HB00-1106, HB00-1028, HB00-1179,
HB00-1088, HB00-1037, HB00-1036, HB00-1077, HB00-1137, HB00-1089, HB00-1175,
HB00-1011, HB00-1149, HB00-1243, SB00-154.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE
On motion of Senator Hillman, the Report of the Committee of the Whole was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:
SB00-071, as amended, declared passed on Second Reading.
SCR00-002, HB00-1152, HB00-1113, HB00-1226, HB00-1092, HB00-1091, HB00-1087,
HB00-1027, HB00-1216, HB00-1059, HB00-1194, HB00-1073, HB00-1075, HB00-1005,
HB00-1006, HB00-1017, HB00-1018, HB00-1022, HB00-1106, HB00-1028, HB00-1179,
HB00-1088, HB00-1037, HB00-1036, HB00-1077, HB00-1137, HB00-1089, HB00-1175,
HB00-1011, HB00-1149, HB00-1243, SB00-154 laid over until Friday, February 25,
retaining their place on the calendar.
______________________________
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 Thursday, February 24, was laid over until Friday, February 25, retaining its place on the calendar.
______________________________
SENATE SERVICES REPORT
Senate Correctly engrossed: SB 00-071.
Services
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: HB00-1292
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs postponed indefinitely: HB00-1282
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: HB00-1266
and Labor
Health, After consideration on the merits, the committee recommends that SB00-194 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
Amend printed bill, page 2, strike lines 2 through 4 and substitute the following:
"SECTION 1. Title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:
ARTICLE 21";
line 7, strike "24-30-2001", and substitute "26-21-101", and strike "part 20" and substitute "article";
line 10, strike "24-30-2002" and substitute "26-21-102".
Page 3, line 9, strike "24-30-2003" and substitute "26-21-103", and strike "part 20", and substitute "article";
line 13, strike ""Executive director"" and substitute ""Director"";
line 16, strike "24-30-2007", and substitute "26-21-107";
line 20, strike "24-30-2004" and substitute "26-21-104";
line 23, strike "of personnel" and substitute "of human services";
line 25, strike "personnel", and substitute "human services".
Page 5, line 10, strike "24-30-2005" and substitute "26-21-105";
line 11, strike "personnel" and substitute "human services", and strike "an" and substitute "a";
line 12, strike "executive";
line 13, strike "executive";
line 14, strike "executive".
Page 6, line 2, strike "part 20" and substitute "article";
line 5, strike "executive";
line 9, strike "part 20" and substitute "article";
line 10, strike "24-30-2006" and substitute "26-21-106".
Page 8, line 2, strike "24-30-2007", and substitute "21-21-107";
line 5, strike "part 20" and substitute "article";
line 9, strike "part 20" and substitute "article";
line 15, strike "part 20" and substitute "article";
line 22, strike "24-30-2008 Repeal of part" and substitute "26-21-108 Repeal of article", and strike "part 20" and substitute "article".
Page 9, line 6, strike "part 20 of article 30 of this title" and substitute "article 21 of title 26, C.R.S.";
strike lines 7 through 15 and substitute the following:
"SECTION 3. 24-1-120 (5), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
24-1-120. Department of human services - creation. (5) The department of human services shall include the following:
(h) The Colorado commission for the deaf and hard of hearing, created by article 21 of title 26, C.R.S. Said commission shall exercise its powers, duties, and functions under the department as if transferred by a type 2 transfer.".
Page 10, line 10, strike "section in 24-30-2007" and substitute "in section 26-21-107";
line 19, strike "24-30-2007" and substitute "26-21-107";
line 25, strike "24-30-2007" and substitute "26-21-107".
Page 11, line 4, strike "24-30-2007" and substitute "26-21-107";
line 5, strike "personnel" and substitute "human services";
line 9, strike "part 20 of article 30 of title 24" and substitute "article 21 of title 26".
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural referred favorably to the Committee of the Whole: HB00-1307
Resources
and Energy
Agriculture, After consideration on the merits, the committee recommends that HB00-1047 be
Natural amended as follows and, as so amended be referred to the Committee of the Whole with
Resources favorable recommendation:
and Energy
Amend reengrossed bill, page 1, line 5, strike "2003." and substitute "2005.";
line 7, strike "2003." and substitute "2005.".
Page 2, line 4, strike "2003." and substitute "2005.".
Agriculture, After consideration on the merits, the committee recommends that HB00-1267 be
Natural amended as follows and, as so amended be referred to the Committee of the Whole with
Resources favorable recommendation:
and Energy
Amend reengrossed bill, page 3, after line 13, insert the following:
"SECTION 5. 35-80-103 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
35-80-103 (2). Scope of article. The provisions of this article shall not apply to:
(i) Any owner, breeder, handler, or trainer while exhibiting or competing with purebred dogs at any event licensed, regulated, or sanctioned by the American Kennel Club.".
Renumber succeeding sections accordingly.
Page 4, strike lines 25 and 26.
Page 5, strike lines 1 through 15.
Renumber succeeding sections accordingly.
Page 6, line 10, strike "commercial dog breeder" and substitute "commercial dog breeder large scale operation dog breeder".
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural referred favorably to the Committee of the Whole: HB00-1286
Resources
and Energy
MESSAGE FROM THE HOUSE:
February 24, 2000
Mr. President:
The House has voted to concur in the Senate amendments to HB00-1176 and has repassed the bill as so amended.
TRIBUTES--A POINT OF INTEREST
Honoring Charlotte Acton by Senator Phillips
Honoring Paul Whitlock by Senator Chlouber
Memorializing John McGuinness by Senator Phillips
Memorializing Freddie Gene Steinmark by Senator Anderson
and Representative Gotlieb
____________________________
On motion of Senator Chlouber, the Senate adjourned until 9:00 a.m., Friday,
February 25, 2000.
Approved:
Ray Powers
President of the Senate
Patricia K. Dicks
Secretary of the Senate
LC: