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
72nd Legislative Day Thursday, March 16, 2000
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Dr. Gilbert Caldwell, Park Hill Methodist Church, Denver.
Roll Call Present--Total, 27.
Absent/Excused--Dennis, Evans, Lacy, Lamborn, Linkhart, Matsunaka, Perlmutter, Phillips--Total--8.
Present later--Dennis, Evans, Lacy, Linkhart, Matsunaka, Perlmutter, Phillips.
Quorum The President announced a quorum present.
Reading of On motion of Senator Teck, reading of the Journal of Wednesday, March 15th was
Journal dispensed with and the Journal stands approved as corrected by the Secretary.
THIRD READING OF BILLS--FINAL PASSAGE
On Third Reading, the titles of the following bills were publicly read, the reading at length having been dispensed with by unanimous consent:
HB 00-1097 by Rep. Spradley; Senator Tebedo--Timing Of Voter Registration Challenges
The question being "Shall the bill pass?" the roll was called with the following result:
| YES 28 |  | NO 0 | | EXCUSED 7 | | ABSENT 0 | |
| Anderson | Y | Evans | E | Musgrave | Y | Tanner | Y |
| Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
| Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
| Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
| Chlouber | Y | Lacy | E | Perlmutter | E | Wattenberg | Y |
| Congrove | Y | Lamborn | E | Phillips | E | Weddig | Y |
| Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
HB 00-1391 by Rep. Gotlieb; Sen. Teck--Student Election Judges
The question being "Shall the bill pass?" the roll was called with the following result:
| YES 27 | | NO 1 | | EXCUSED 7 | | ABSENT 0 | |
| Anderson | Y | Evans | E | Musgrave | Y | Tanner | Y |
| Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
| Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
| Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
| Chlouber | Y | Lacy | E | Perlmutter | E | Wattenberg | Y |
| Congrove | Y | Lamborn | E | Phillips | E | Weddig | Y |
| Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | E | Sullivant | N | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsor added: Thiebaut.
Senate Journal-72nd Day-March 16, 2000 Page 1
Page 1 Senate Journal-72nd Day-March 16, 2000
HB 00-1301 by Rep. Vigil; Senator Dennis--Protection Of Racing Purse Trusts
The question being "Shall the bill pass?" the roll was called with the following result:
| YES 28 | | NO 0 | | EXCUSED 7 | | ABSENT 0 | |
| Anderson | Y | Evans | E | Musgrave | Y | Tanner | Y |
| Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
| Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
| Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
| Chlouber | Y | Lacy | E | Perlmutter | E | Wattenberg | Y |
| Congrove | Y | Lamborn | E | Phillips | E | Weddig | Y |
| Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
______________________________
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 SJR00-008.
______________________________
CONSIDERATION OF RESOLUTION
SJR 00-008 by Sen. Blickensderfer; also Rep. Stengel--Concerning the recognition of liberty day and
liberty month in the state of Colorado.
On motion of Senator Blickensderfer, the Resolution was ADOPTED by the following roll call vote:
| YES 28 | | NO 0 | | EXCUSED 7 | | ABSENT 0 | |
| Anderson | Y | Evans | E | Musgrave | Y | Tanner | Y |
| Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
| Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
| Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
| Chlouber | Y | Lacy | E | Perlmutter | E | Wattenberg | Y |
| Congrove | Y | Lamborn | E | Phillips | E | Weddig | Y |
| Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | E | Sullivant | Y | | |
Co-sponsors added: Anderson, Andrews, Arnold, Chlouber, Congrove, Dennis, Dyer, Epps, Feeley, Hernandez, Hillman, Martinez, Musgrave, Nichol, Owen, Pascoe, Powers, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.
_________________________
Committee On motion of Senator Owen, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Owen 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:
HB 00-1309 by Rep. Mitchell; Senator Teck--Junk Email Law
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, March 2, page 468.)
Amendment No. 2, by Senator Teck
Amend reengrossed bill, page 6, after line 19, insert the following:
"(7) The provisions of this article shall not be construed to require any electronic mail service provider to carry or deliver any electronic mail merely because a sender complies with the provisions of this article.".
Amendment No. 3, by Senator Teck
Amend reengrossed bill, page 6, strike lines 12 and 13 and substitute the following:
"implement terms, conditions, or technical measures with the intent to prevent or prohibit the origination or transmission of unsolicited commercial electronic mail".
Amendment No. 4, by Senator Teck
Amend reengrossed bill, page 6, before line 20, insert the following:
"6-2.5-105. Scope of article. This article shall apply when an unsolicited commercial electronic mail message is sent to a Colorado resident via an electronic mail service provider's service or leased or owned equipment located in this state.".
Amendment No. 5, by Senator Teck
Amend reengrossed bill, page 5, line 17, after "party", insert "other than the originator of the unsolicited commercial electronic mail message";
line 21, after "party", insert "other than the originator of the unsolicited commercial electronic mail message";
line 23, after "party", insert "other than the originator of the unsolicited commercial electronic mail message".
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
_______________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, HB00-1080, HB00-1024, HB00-1212 were advanced on the General Orders calendar, to appear as the first bills on the General Orders calendar of
Friday, March 17th._______________________________
The following bills on the General Orders calendar of Thursday, March 16, were laid over
until Friday, March 17, retaining their place on the calendar:
HB00-1080, HB00-1024, HB00-1212, HB00-1108, HB00-1277, HB00-1216, SB00-164,
HB00-1095, HB00-1258, HB00-1185, HB00-1326, SB00-201, HB00-1148, HB00-1304,
HB000-1264, HB00-1114, HB00-1127, HB00-1222, HB00-1314, HB00-1119,
HB00-1078, HB00-1416, HB00-1202, HB00-1207, HB00-1186.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE
On motion of Senator Owen, 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:
HB00-1309, as amended, declared passed on Second Reading.
HB00-1080, HB00-1024, HB00-1212, HB00-1108, HB00-1277, HB00-1216, SB00-164,
HB00-1095, HB00-1258, HB00-1185, HB00-1326, SB00-201, HB00-1148, HB00-1304,
HB000-1264, HB00-1114, HB00-1127, HB00-1222, HB00-1314, HB00-1119,
HB00-1078, HB00-1416, HB00-1202, HB00-1207, HB00-1186 laid over until Friday,
March 17, 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, March 16, was laid over until Friday, March 17, retaining its place on the calendar.
______________________________
SENATE SERVICES REPORT
Senate Correctly revised: HB 00-1309.
Services
Correctly printed: SJR00-009, 010.
Correctly enrolled: SB00-095.
SENATE SERVICES REPORT
Senate To the governor for signature on Thursday, March 16, 2000, at 2:25 p.m.:
Services SB 00-095.
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: SB00-202
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee on Appropriations: HB00-1224
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs postponed indefinitely: HB00-1206
and Labor
Education The Committee on Education has had under consideration and has had a hearing on the following appointment and recommends that the appointment be confirmed:
STATE BOARD OF AGRICULTURE
for a term expiring January 17, 2004:
Ronald W. Pettigrew of Durango, Colorado, appointed.
Education After consideration on the merits, the committee recommends that SB00-115 be
amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 4, line 8, after "renovation", insert "and for the school capital construction expenditures reserve";
strike lines 23 through 26.
Strike pages 5 and 6.
Page 7, strike lines 1 through 20 and substitute the following:
"SECTION 2. 24-75-201.1 (1) (d) (III), Colorado Revised Statutes, is amended, and the said 24-75-201 (1) (d) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:
24-75-201.1. Restriction on state appropriations. (1) (d) For each fiscal year, unrestricted general fund year-end balances shall be retained as a reserve in the following amounts:
(III) For the fiscal year 1988-89 and each fiscal year thereafter, except for the fiscal years 1990-91, 1991-92, and 1992-93, and 2000-01 through 2010-11, as provided in subparagraphs (IV), and (V), and (VI) of this paragraph (d), four percent of the amount appropriated for expenditure from the general fund for that fiscal year;
(VI) For the fiscal years 2000-01 through 2010-11, four percent of the amount appropriated for expenditure from the general fund for that fiscal year reduced by five million dollars for the fiscal year 2000-01, by ten million dollars for the fiscal year 2001-02, by fifteen million dollars for the fiscal year 2002-03, and by twenty million dollars for the fiscal years 2003-04 through 2010-11. Of the amounts made available by the reduction in the required reserve provided in this subparagraph (VI) for fiscal years 2000-01 through 2010-11, five million dollars shall be continuously appropriated from the general fund to the school capital construction expenditures reserve established in section 22-54-117 (1.5), C.R.S., and the remaining amount, if any, shall be continuously appropriated to the school construction and renovation fund established in section 22-43.7-103, C.R.S. Such appropriations shall be used solely to provide financial assistance to school districts for capital construction needs and may not be used for any other purpose.
SECTION 3. 24-75-201.1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
24-75-201.1. Restriction on state appropriations - legislative declaration. (4) (a) The general assembly hereby finds, determines, and declares that moneys from the general fund should be appropriated annually to the permanent school fund created in section 3 of article IX of the state constitution to account for inflation.
(b) Notwithstanding any other provision of this section, for the 2000-01 fiscal year and fiscal years thereafter, general fund moneys shall be appropriated to the permanent school fund created in section 3 of article IX of the state constitution to account for inflation. The amount appropriated shall be equal to the percentage change in the consumer price index during the previous calendar year divided by the effective interest rate times the interest earned on the permanent school fund. The effective interest rate and the interest earned shall be those calculated by the state treasurer for the previous calendar year. In no event shall the amount appropriated to the permanent school fund exceed an amount equal to all noncontinuing expenditures as defined pursuant to this subsection (4). If the percentage change in the consumer price index during the previous calendar year is zero or is negative, no general fund moneys shall be appropriated to the permanent school fund pursuant to this paragraph (b).
(c) The amount required to be appropriated pursuant to paragraph (b) of this subsection (4) shall be determined annually by the joint budget committee and included in the annual general appropriation bill. Appropriations to the permanent school fund shall be made until the general assembly, acting by bill, reduces or ends such appropriation.
(d) For purposes of this subsection (4):
(I) "consumer price index" means the United States consumer price index for the Denver-Boulder consolidated metropolitan statistical area for all items for all urban consumers as published by the bureau of labor statistics of the United States department of labor or its successor index.
(II) "noncontinuing expenditures" means an appropriation of general fund moneys in one or more fiscal years that is not subject to the general fund appropriations limit pursuant to sub-subparagraph (A) or (B) of subparagraph (III) of paragraph (a) of subsection (1) of this section but that is included in the general fund appropriations base and which appropriation is made to pay a financial obligation of the state that will not require future appropriations once the financial obligation has been fully paid. "Noncontinuing expenditures" shall not include any general fund appropriation resulting from a final state court order that requires the state to provide financial assistance to school districts for capital construction projects.
SECTION 4. 22-54-117 (2), (3), and (6), Colorado Revised Statutes, are amended, and the said 22-54-117 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
22-54-117. Contingency reserve - capital construction expenditures reserve. (1.5) (a) In addition to any amount annually appropriated by the general assembly to the state public school fund as a contingency reserve, for fiscal years 2000-01 through 2010-11, an amount shall be continuously appropriated from the general fund to the state public school fund as a school capital construction expenditures reserve to be used only as provided in this subsection (1.5). The state board is authorized to approve and order payments from the school capital construction expenditures reserve only for supplemental assistance to districts for capital expenditures:
(I) To address immediate safety hazards or health concerns within existing school facilities;
(II) To relieve excessive operating costs created by insufficient maintenance or construction spending which are currently required to be expended by the district; and
(III) To relieve building construction conditions which detract from an effective learning environment.
(b) For purposes of this subsection (1.5), "capital construction expenditures" means expenditures which result in the acquisition of fixed assets or additions to fixed assets that will have benefits for more than one year and includes expenditures for the improvement, repair, remodeling, alteration, or renovation of existing school facilities or the purchase of new or replacement equipment within existing school facilities.
(2) Application by a district for supplemental assistance pursuant to either subsection (1) or (1.5) of this section shall set forth fully the grounds upon which it relies for assistance and shall be sworn to under oath by the president and secretary of the district board of the district.
(3) The state board shall conduct such investigation as it deems proper, and, if it finds that an application should be approved, it shall determine the amount to be paid. In determining which districts receive payments pursuant to this section and the amount of such payments, the state board shall consider the amount of the supplemental assistance requested by the district as a percentage of the district's total program. By order upon the state treasurer, said board shall direct payment from the contingency reserve or school capital construction expenditures reserve, whichever is applicable, of such amount to the treasurer of the eligible district for credit to the general fund of the district.
(6) (a) Any unexpended balance in the contingency reserve at the end of each fiscal year shall revert to the state general fund.
(b) The state treasurer shall transfer any moneys in the school capital construction expenditures reserve that remain unexpended or unencumbered on March 15 of each fiscal year to the school construction and renovation fund established in section 22-43.7-103. The state treasurer shall notify the joint budget committee of any transfer made pursuant to this paragraph (b) no later than March 20 of said fiscal year.".
Renumber succeeding sections accordingly.
Page 9, line 10, strike "the treasury" and substitute "education";
line 13, strike "department" and substitute "department of the treasury".
Page 10, line 6, strike "the treasury" and substitute "education";
line 9, after the period, add "In addition, the oversight board may request any department, agency, or institution of state government with expertise or experience in construction management to provide assistance to the board with regard to the evaluation of applications for grants and loans pursuant to section 22-43.7-105 (2).";
line 23, strike "deposited in" and substitute "continuously appropriated from the general fund to";
line 26, strike "22-41-106" and substitute "24-75-201.1 (1) (d) (VI), C.R.S., any moneys transferred to the fund from the school capital construction expenditures reserve in accordance with section 22-54-117 (6) (b), ".
Page 11, line 11, strike the colon;
line 12, strike "(a)";
line 15, strike "article; or" and substitute "article.";
strike lines 16 through 18.
Page 12, line 26, after the period, add "The average rate of interest charged on loans made in any calendar year must equal or exceed the percentage change in the consumer price index during the previous calendar year as defined in section 24-75-201.1 (4) (d), C.R.S.".
Page 13, strike lines 3 through 17 and substitute the following:
"(3) The general assembly shall appropriate money from the general fund to";
line 22, strike "or the state treasurer".
Page 14, line 17, strike "Individual" and substitute "Individual";
strike lines 18 through 20 and substitute "schools may apply for matching grants through the school district in which the schools are located and the school district may, in turn, apply to the state oversight board for such grants pursuant to this section.".
Page 15, strike lines 20 and 21 and substitute "the case of a loan";
line 22, strike "case of a matching grant".
Page 16, after line 12, insert the following:
"(a.5) Capital construction projects in a school district that has reached ninety percent or more of its limit on bonded indebtedness under section 22-42-104;";
line 18, strike "immediate";
line 21, strike "facilities;" and substitute "facilities if such projects could not qualify for funding or were not approved for funding from the school capital construction expenditures reserve pursuant to section 22-54-117 (1.5);";
line 22, strike "Capital construction projects" and substitute "Capital construction projects";
line 25, strike "concerns in a school" and substitute "concerns;";
strike line 26.
Page 17, strike lines 1 through 11 and substitute the following:
"(d) Capital construction projects in a school district that has previously demonstrated consistent efforts to allocate moneys to the district's capital reserve fund in excess of the minimum amounts required pursuant to section 22-54-105 (2);".
Page 18, line 8, strike "fund." and substitute "fund, and the joint budget committee may increase the original number of projects to be funded if additional moneys are made available from moneys transferred from the school capital construction expenditures reserve in accordance with section 22-54-117 (6) (b).".
Page 19, strike lines 14 through 19 and substitute the following:
"SECTION 14. 24-1-115, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
24-1-115. Department of education - creation. (8) The department of education shall include the".
Page 20, after line 3, insert the following:
"SECTION 16. Effective date. This act shall take effect July 1, 2000; except that section 2 of this act amending section 24-75-201.1 (1) (d), Colorado Revised Statutes, to reduce the statutory reserve and continuously appropriate general fund moneys to provide assistance for school capital construction needs and section 4 of this act amending section 22-54-117, Colorado Revised Statutes, to establish the school capital construction expenditures reserve shall only take effect if there is a final state court order that requires the state of Colorado to provide financial assistance to school districts for capital construction projects which would allow a general fund appropriation to be made outside the statutory limitation on state general fund appropriations as provided in section 24-75-201 (1) (a), Colorado Revised Statutes. The attorney general of the state of Colorado shall notify the revisor of statutes, the staff director of the joint budget committee, the state controller, and the commissioner of education if and when such a final state court order is issued.".
Renumber succeeding section accordingly.
Page 1, strike lines 103 through 112 and substitute the following:
"providing for the appropriation of general fund moneys under specified circumstances to the permanent school fund as a protection against the effect of inflation, to the school capital construction expenditures reserve, and to the school construction and renovation fund, and".
Education After consideration on the merits, the committee recommends that HB00-1173 be
amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 4, line 1, strike "ineffective and are at best" and substitute "unable";
line 2, strike "insufficient";
line 8, strike "and mathematics," and substitute "mathematics, and science,";
line 15, strike "and";
line 16, strike "mathematics." and substitute "mathematics, and science.".
Page 5, line 20, strike "and mathematics." and substitute "mathematics, and science.".
Page 8, line 8, strike "and mathematics." and substitute "mathematics, and science.".
Page 13, line 23, strike "and mathematics." and substitute "mathematics, and science.".
Page 14, line 24, strike "five" and substitute "three".
Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB00-181
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural referred favorably to the Committee of the Whole: HB00-1265
Resources
and Energy
Agriculture, After consideration on the merits, the committee recommends that HB00-1322 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 2, line 4, strike "reintroduction." and substitute "reintroduction; except that introduction shall not include any nonaquatic wildlife species the actual initial release of which occurred prior to the effective date of this act or any release that has previously been approved by the general assembly acting by bill.";
strike lines 24 through 26 and substitute the following:
"(d) An assessment evaluating whether the introduction of the wildlife species will impair any use of private land or beneficial use of water existing at the time of such introduction. If the assessment concludes that any such use will be impaired by the introduction, the report shall also describe the reason for the impact and possible actions to reduce such impact.".
Page 3, strike line 1;
strike lines 6 through 20 and substitute the following:
"(4) The department".
Page 4, strike lines 6 through 7 and substitute the following:
"(d) The recovery goals and anticipated timelines of the recovery program.";
strike lines 9 through 12.
Renumber succeeding section accordingly.
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural referred favorably to the Committee on Appropriations: HB00-1422
Resources
and Energy
Agriculture, After consideration on the merits, the committee recommends that HB00-1365 be
Natural amended as follows and, as so amended, be referred to the Committee on Appropriations
Resources with favorable recommendation:
and Energy
Amend reengrossed bill, page 2, line 11, strike "office." and substitute "office and other governmental entities with applicable jurisdiction.";
line 12, strike "dam." and substitute "dam and are authorized to apply for financial assistance from the Colorado water resources and power development authority established in article 95 of this title, the Colorado water conservation board established in article 60 of this title, and from any other appropriate state, federal, or private source.";
line 13, strike "Upon" and substitute "As there are no adjudicated water rights to Monument lake reservoir, upon".
State, After consideration on the merits, the committee recommends that HB00-1276 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend reengrossed bill, page 3, line 5, strike "contracts" and substitute "contracts, or to the state treasurer,";
strike lines 12 through 19.
Page 4, line 21, strike "contracted" and substitute "contracted, or to the state treasurer, ".
Page 5, strike lines 2 through 6;
strike lines 7 through 12 and substitute the following:
"SECTION 3. Repeal. 23-3.1-307 (4), Colorado Revised Statutes, is repealed as follows:
23-3.1-307. Limitations. (4) Section 23-3.1-211, relating to personal liability, section 23-3.1-217.5, relating to claims of creditors, and section 23-3.1-225, relating to confidentiality of records, shall apply to this part 3.".
Judiciary After consideration on the merits, the committee recommends that HB00-1099 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, strike everything below the enacting clause, and substitute the following:
"SECTION 1. 25-1-107 (1) (n), Colorado Revised Statutes, is amended to read:
25-1-107. Powers and duties of the department - repeal. (1) The department has, in addition to all other powers and duties imposed upon it by law, the following powers and duties:
(n) (I) To establish sanitary standards and make sanitary, sewerage, and health inspections and examinations for charitable, penal, and other public institutions, and, with respect to the state institutions under the department of human services specified in section 27-1-104, C.R.S., or under the department of corrections specified in section 17-1-104, C.R.S., such inspections and examinations shall be made at least once each year. Reports on such inspections of institutions under control of the department of human services or the department of corrections shall be made to the executive director of the appropriate department for appropriate action, if any.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (n), the standards adopted pursuant to subparagraph (I) of this paragraph (n) with regard to space requirements, furnishing requirements, required special use areas or special management housing, and environmental condition requirements, including but not limited to standards pertaining to light, ventilation, temperature, and noise level, shall not apply to any penal institution operated by or under contract with a county or municipality if the penal institution begins operations on or after August 30, 1999, and if the governing body of the jurisdiction operating the penal institution has adopted standards pertaining to such issues for the penal institution pursuant to section 30-11-104 (1), C.R.S., or section 31-15-711.5, C.R.S., whichever is applicable.
SECTION 2. 30-11-104 (1), Colorado Revised Statutes, is amended to read:
30-11-104. County buildings - acquisition of land or buildings by eminent domain authorized. (1) (a) Each county, at its own expense, shall provide a suitable courthouse, a sufficient jail, and other necessary county buildings and keep them in repair.
(b) For any penal institution that begins operations on or after August 30, 1999, that is operated by or under contract with a county, the county may establish standards relating to space requirements, furnishing requirements, required special use areas or special management housing, and environmental condition requirements, including but not limited to standards pertaining to light, ventilation, temperature, and noise level. If a county does not adopt standards pursuant to this paragraph (b), the penal institution operated by or under contract with the county shall be subject to the standards adopted by the department of public health and environment pursuant to section 25-1-107 (1) (n), C.R.S. In establishing such standards, the county is strongly encouraged to consult with national associations that specialize in policies relating to correctional institutions.
SECTION 3. Part 7 of article 15 of title 31, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
31-15-711.5. Municipal jails - sanitary standards. Any municipality that chooses to establish and operate a jail, as authorized in section 31-15-401 (1) (j), that begins operations on or after August 30, 1999, may establish sanitary standards for such jail relating to space requirements, furnishing requirements, required special use areas or special management housing, and environmental condition requirements, including but not limited to standards pertaining to light, ventilation, temperature, and noise level. If a municipality does not adopt standards pursuant to this section, the jail operated by or under contract with the municipality shall be subject to the standards adopted by the department of public health and environment pursuant to section 25-1-107 (1) (n), C.R.S. In establishing such standards, the municipality is strongly encouraged to consult with national associations that specialize in policies relating to correctional institutions.
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.".
Judiciary After consideration on the merits, the committee recommends that HB00-1150 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 2, line 7, after "is", insert "severely";
strike line 8 and substitute "mentally ill, developmentally disabled, or is terminally ill, or is";
line 15, after "has", insert "ever";
line 17, after "is", insert "or has ever been".
Page 3, line 8, strike "to any inmate applying for";
strike line 9 and substitute "on and after July 1, 2001, regardless of when the inmate".
Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB00-204
Judiciary After consideration on the merits, the committee recommends that HB00-1174 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 4, line 22, after "standards", insert "or guidelines".
Page 5, line 14, after "standards", insert "or guidelines".
MESSAGE FROM THE HOUSE:
Mr. President:
The House has postponed indefinitely SB00-182. The bill is returned herewith.
The House has adopted and transmits herewith HJR00-1015 as printed in House Journal, March 13, pages 907-908.
The House has adopted and returns herewith SJR00-008.
The House has passed on Third Reading and transmitted to the Revisor of Statutes
HB00-1262,1375,1420.
The House has passed on Third Reading and transmitted to the Revisor of Statutes
HB00-1081, amended as printed in House Journal, March 14, page 921.
HB00-1083, amended as printed in House Journal, March 14, pages 924-927,
and on Third Reading as printed in House Journal March 16.
HB00-1255, amended as printed in House Journal, March 14, pages 921-922.
HB00-1294, amended as printed in House Journal, March 14, page 923.
HB00-1323, amended as printed in House Journal, March 14, page 923.
HB00-1364, amended as printed in House Journal, March 14, page 924.
HB00-1417, amended as printed in House Journal, March 14, page 919.
HB00-1419, amended as printed in House Journal, March 14, page 924.
SB00-014, amended as printed in House Journal, March 14, page 920.
SB00-035, amended as printed in House Journal, March 14, page 918.
SB00-072, amended as printed in House Journal, March 14, page 920.
SB00-132, amended as printed in House Journal, March 14, page 924.
The House has passed on Third Reading and returns herewith SB00- 039, 055, 058, 075, 086, 093, 101, 138, 187.
MESSAGE FROM THE HOUSE
March 16, 2000
Mr. President:
In response to the request of the Senate, the Speaker has appointed Representatives
Gotlieb, Chairman, Nunez, and Mace as House conferees on the First Conference
Committee on SB00-087.
MESSAGE FROM THE REVISOR
March 16, 2000
We herewith transmit:
without comment, HB00-1262, 1375, 1420, and;
without comment, as amended, HB00-1081, 1083, 1255, 1294, 1323, 1364, 1417, 1419, and;
without comment, as amended, SB00-014, 035, 072, and 132
INTRODUCTION OF BILLS
The following bills were read by title and referred to the committees indicated:
HB 00-1081 by Representative Plant; also Senator Feeley--Concerning the creation of a voluntary contribution on Colorado income tax returns for the purpose of allowing individuals to make contributions to benefit public education, and making an appropriation in connection therewith.
Education
Finance
Appropriations
HB 00-1083 by Representative Berry; also Senator Owen--Concerning adoption of the "Colorado Work Force Investment Act", and making an appropriation therefor.
Business Affairs & Labor
Appropriations
HB 00-1255 by Representative Alexander; also Senator Chlouber--Concerning an expansion of the existing authority of the division of wildlife to issue a limited number of hunting licenses through a competitive auction or raffle, and, in connection therewith, authorizing the issuance of licenses by such method for deer, elk, and antelope, and making an appropriation therefor.
Agriculture, Natural Resources, and Energy
Appropriations
HB 00-1262 by Representative Kaufman; also Senator Lamborn--Concerning the "Uniform Child-custody Jurisdiction and Enforcement Act".
HB 00-1294 by Representative Morrison; also Senator Epps--Concerning regulation of respiratory therapists, and, in connection therewith, making an appropriation.
Health, Environment, Welfare & Institutions
Appropriations
HB 00-1323 by Representative Hoppe; also Senator Wattenberg--Concerning authorization of a special license plate for agriculture and natural resources, and making an appropriation in connection therewith.
Transportation
Appropriations
HB 00-1364 by Representative Veiga; also Senator Feeley--Concerning the alteration of pets and, in connection therewith, creating a special license plate to increase donations for spaying and neutering for pets, and making an appropriation in connection therewith.
Agriculture, Natural Resources, and Energy
Transportation
Appropriations
HB 00-1375 by Representative Kaufman; also Senator Lamborn--Concerning the enactment of the "Colorado Uniform Guardianship and Protective Proceedings Act".
HB 00-1417 by Representative Smith; also Senator Wattenberg--Concerning the increase of fees for the extraction of construction materials, and making an appropriation therefor.
Agriculture, Natural Resources, and Energy
Appropriations
HB 00-1420 by Representative McElhany; also Senator Wattenberg--Concerning liquor licenses for resort complex facilities.
Business Affairs & Labor
Appropriations
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title:
SJR 00-010 by Senator Blickensderfer; also Representative Tapia--Concerning Single Parents' Day.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Friday,
March 17.
HJR 00-1015 by Representatives Miller, Taylor, George, Alexander, Berry, Gagliardi, Hoppe, Johnson, Kaufman, Kester, Larson, Scott, Smith, Spradley, Tochtrop, Tool, Webster and Zimmerman; also Senators Chlouber, Dennis, Dyer, Hillman, Matsunaka, Owen, Reeves, Sullivant, Teck and Wattenberg--Concerning full funding of the federal "Payment in Lieu of Taxes Act".
Laid over one day under Senate Rule 30(e), and placed on the calendar of Friday,
March 17.
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON HB00-1286
*****************************
THIS REPORT AMENDS THE
REENGROSSED BILL
*****************************
To the President of the Senate and the
Speaker of the House of Representatives:
Your first conference committee appointed on HB00-1286, concerning the expenditure of money for the protection of livestock, has met and reports that it has agreed upon the following:
1. That the Senate recede from its amendment made to the bill, as said amendment appears in the rerevised bill.
2. That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendment be recommended:
Amend reengrossed bill, page 3, after line 5, insert the following:
"SECTION 4. 35-41-102, Colorado Revised Statutes, is amended to read:
35-41-102. Brand inspection fund - estray fund. All moneys coming into the hands of the state board of stock inspection commissioners from the sale of estray animals shall constitute and be known as the estray fund, which fund is hereby continuously appropriated to the board, and shall be kept in an account separate and distinct from other accounts, in conformity with regulations to be prescribed by said board. All other funds of said board, including fees collected for the inspection of cattle, shall constitute and be known as the brand inspection fund of said board, which shall be kept in conformity with the regulations to be prescribed by said board. The board is authorized, in the administration of the brand inspection fund, to maintain an accounts receivable system for the collection of all moneys to be credited to said fund. The board is authorized to expend a maximum of three and six-tenths percent, or actual costs, whichever is less, of the base appropriation allocated to the brand inspection division to offset the indirect costs of the board.".
Renumber succeeding sections accordingly.
House Committee: Senate Committee:
(Signed) (Signed)
Rep. W. H. Webster, Chair Sen. Ken Chlouber, Chair
Rep. Diane Hoppe Sen. Dave Wattenberg
Rep. Carl Miller Sen. Jim Dyer
_________________________
APPOINTMENTS TO CONFERENCE COMMITTEES
HCR 00-1001 by Rep. Fairbank; Sen. Anderson--Allow Appointment of County Surveyors
The President appointed Senators Anderson, Chairman, Hillman and Reeves as Senate Conferees on the First Conference Committee on HCR00-1001.
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The President has signed: HB00-1048, 1251, 1290.
The President has signed: SB 00-095.
TRIBUTES--A POINT OF INTEREST
Honoring Sam G. and Hildegarde M. Ellis by Senator Matsunaka
Honoring Michelle Byrd by Senator Matsunaka
Honoring Coach Andy Colella by Senator Matsunaka
Honoring Bethany Davidson by Senator Matsunaka
Honoring Lindsey Anderson by Senator Matsunaka
Honoring Julie Hinojosa by Senator Matsunaka
Honoring Diana Poovey by Senator Matsunaka
Honoring Mackenzie Mielke by Senator Matsunaka
Honoring Jacob Trujillo by Senator Matsunaka
Honoring Matt Brown by Senator Matsunaka
___________________________
REPORTS
Pursuant to Section 23-20-119 and 24-1-136(9), C.R.S., the University of Colorado,
Office of the Treasurer, has submitted its report on the University of Colorado Foundation
Long Term Investment Pool at Fair Value Status at June 1999. A copy of this report is on
file with the Legislative Council Library.
___________________________
The Office of the State Engineer, Division of Water Resources has provided a copy of
the 1998 annual report and the 1998 cumulative yearly statistics of the Division of Water Resources. A copy of this report is on file with the Legislative Council Library.
___________________________
Pursuant to footnote #57 in SB99-215, the Department of Health Care Policy & Financing has submitted its report on the recommendations on limiting utilization in the Home and Community-Based Services Program for Elderly, Blind and Disabled adults.
A copy of this report is on file with the Legislative Council Library.
___________________________
Pursuant to footnote #52 in SB99-215, the Department of Health Care Policy &
Financing has submitted its report on the impact of the increase in reimbursement rates
for the Colorado Medicaid EPSDT Dental Program. A copy of this report is on file with the Legislative Council Library.
___________________________
Pursuant to Section 23-21-521, C.R.S., the University of Colorado Hospital Authority has submitted its financial statements for years ended June 30, 1999 and 1998. A copy of this report is on file with the Legislative Council Library.
___________________________
The Colorado Board of Parole has submitted its annual report for year 1998/99.
A copy of this report is on file with the Legislative Council Library.
___________________________
The Department of Natural Resources, Division of Wildlife, has submitted its report
on Colorado wildlife legislative issues for 1999. A copy of this report is on file with the Legislative Council Library.
___________________________
Pursuant to Section 26-5.5-106, C.R.S., the Family Preservation Commissions has submitted its report of all the individual county Family Preservation Commission Reports submitted to the Child Welfare Division, Colorado Department of Human Services.
A copy of this report is on file with the Legislative Council Library.
___________________________
The Colorado Department of Corrections has submitted a copy of their 1998 annual report, dated September 1999. A copy of this report is on file with the Legislative Council Library.
___________________________
The Colorado Department of Public Health and Environment has provided a copy of the
1998, 1999 and 2000 Colorado Environmental Performance Partnership Agreement Text between the Colorado Department of Public Health and Environment and the U.S. Environmental Protection Agency Region VIII, dated August 1999. A copy of this report is on file with the Legislative Council Library.
___________________________
Pursuant to footnote #63 in SB99-215, the Department of Health Care Policy &
Financing has submitted its FY 2000 first quarterly report on the administrative costs, enrollment and health care delivery systems for the Colorado Children's Basic Health Plan.
A copy of this report is on file with the Legislative Council Library.
___________________________
Pursuant to Section 24-30-204, C.R.S., the Office of the State Controller, General Support
Services has submitted its general purpose financial statements for the State of Colorado,
for year ended June 1999. A copy of this report is on file with the Legislative Council Library.
___________________________
On motion of Senator Hillman, the Senate adjourned until 9:00 a.m., Friday,
March 17, 2000.
Approved:
Ray Powers
President of the Senate
Patricia K. Dicks
Secretary of the Senate
LC: