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
38th Legislative Day Friday, February 11, 2000
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Reverend Arlyn Tolzmann, Holy Cross Lutheran Church, Wheat Ridge.
Roll Call Present--Total, 27.
Absent/Excused--Blickensderfer, Feeley, Lacy, Perlmutter, Phillips, Tanner, Wattenberg, Wham--Total, 8.
Present later--Lacy, Perlmutter, Phillips.
Quorum The President announced a quorum present.
Reading of On motion of Senator Hillman, reading of the Journal of Thursday, February 10 was
Journal dispensed with and the Journal stands approved as corrected by the Secretary.
___________________________
On motion of Senator Chlouber, and with the unanimous consent of the Senate, the
Senate recessed to hear the Lincoln Birthday remarks of Former Senator Bill Schroeder which are printed below.
____________________________
Mr. President, Members of the Senate, and Guests:
It is amazing how politics today is very similar to the politics of the 1840’s.
Carl Sandburg, Benjamin Thomas, and T. Harry Williams have written numerous books on our 16th president, and the day before Lincoln’s birthday I want to express some of their thoughts on Lincoln in the 1840’s.
Born in the backwoods of Kentucky in 1809, Lincoln worked as a Rail Splitter, Flat boatman, Storekeeper, Postmaster and Surveyor before become a Lawyer & Politician.
On march 4, 1843, Lincoln and several colleagues prepared a campaign circular, at the request of a group Springfield Whigs. This illustrated Lincoln’s views on the leading party issues of the time. Broadly speaking, they believed the government should stimulate economic expansion by means of protective tariffs, a national bank, and distribution of the proceeds of public lands to the states.
Later that year Lincoln tried to get the Sangamon County delegates to endorse him for congress, but the convention had pledged their support to Edward Baker. Baker was born in London, a private in the Black Hawk war, a Lawyer, a State Senator, and a brilliant speaker. Baker could pour it out in lavish speech, and Lincoln’s heart went out in admiration for Baker’s public speaking abilities.
There were 3 individuals with the eyes on congress, Baker, John Hardin, the Kentucky son of the state militia leader, lawyer, and Lincoln’s rival for the Whig leadership in the Illinois legislature, and of course Lincoln himself.
Lincoln’s goal was to keep the Whig party together. He pleaded for party unity, writing “He whose wisdom surpasses that of all philosophers, has declared, a house divided against itself cannot stand.”
At the convention, Lincoln engineered passage of a resolution where the convention recommends Baker as the Whig party nominee for congress in 1844. You might ask yourself why Lincoln would do this, when he had his eye on congress himself.
It is believed that Lincoln made arrangements with Baker and Hardin for “a turn a piece," where Baker would follow Hardin in 1844 and Lincoln in 1846. However, in 1846 it appeared that Hardin was not ready for the “a turn a piece” agreement. Hardin was ready Senate Journal-38th Day-February 11, 2000 Page 1
Page 1 Senate Journal-38th Day-February 11, 2000
to throw his hat into the ring for congress again. Lincoln, reminded Hardin of his past commitments and on February 7, 1846, responding to a letter from Hardin. Lincoln drafted the longest political letter he ever wrote. In the closing of the letter, Lincoln expressed:
“In my letter to you, I remind you that if Baker succeeded he would most likely hang on as long as possible, while with you it would be different. It is mortifying to discover that those with whom I have long acted and from whom I expected a different course, have considered it all fair to prevent my nomination to congress. It is somewhat difficult to be patient. I believe you do not mean to be unjust, or ungenerous; and I, therefore am slow to believe that you will not yet think better and think different of this matter.” Nine days later Hardin withdrew.
On may 1, 1846, at the age of 37, Lincoln, by acclamation was nominated for congress. Eleven days later Congress declared war on Mexico.
The Democrat’s put up Mr. Peter Cartwright, a famous, 61 year old, rugged old fashioned circuit rider, a storming evangelist. He carried his Bible and rifle all over the wilderness, and had more than once thrown out a drunk for interrupting his sermon.
Cartwright and his supporters secretly spread charges of infidelity against Lincoln. He stated Lincoln’s wife was a high tone Episcopalian, Lincoln held drunkards as good as Christians and church members. Lincoln was a “deist” who believed in God, but did not accept Christ.
In response, Lincoln wrote: “A charge having got into circulation in some of the neighborhoods of this district, in substance that I am an open scoffer at Christianity. I have by the advice of some friends concluded to notice the subject in this form. That I am not a member of any Christian church, is true; but I have never denied the truth of the scriptures; and I have never spoken with intentional disrespect of religion in general, or of any denomination of Christian in particular. It is true that in early life I was inclined to believe in what I understand is called the “Doctrine of Necessity” that is, that the human mind is impelled to action, or held in rest by some power, over which the mind itself has no control; and I have sometimes (but never publicly) tried to maintain this opinion in argument. The habit or arguing thus however, I have entirely left off for more than five years. And I add, I have always understood this same opinion to be held by several of the Christian denominations. The foregoing, is the whole truth, briefly stated, in relation to myself, upon this subject.”
He further went on; “I do not think I could myself, be brought to support a man for office, whom I knew to be an open enemy of, and scoffer at, religion. Leaving the higher matter of eternal consequences, between him and his maker. I still do not think any man has the right thus to insult the feelings, and injure the morals, of the community in which he may live. If, then, I was guilty of such conduct, I should blame no man who should condemn me of it; but I do blame those, whoever they may be, who false put such a charge in circulation against me.”
As the campaign heated up, Lincoln went to a religious meeting where Cartwright said, “All who desire to give their hearts to God, and go to heaven, stand” a few men, women and children stood. Cartwright went on, “All who do not wish to go to hell, stand.” All stood up – except Lincoln. Cartwright further commented; “I observe that many responded to the first invitation, while all but one indicated they didn’t want to go to hell.” The sole exception is Mr. Lincoln. Mr. Lincoln, may I inquire of you, where you are going?
Lincoln rose slowly: “I came here as a respectful listener. I did not know that I was to be singled out by brother Cartwright. I believe in treating religious matters with due respect. I admit that the questions propounded by brother Cartwright are of great importance. I did not feel called upon to answer as the rest did. Brother Cartwright asks me directly, where I am going? I desire to reply with equal directness, I am going to congress”!
Lincoln’s friends raised $200 for his personal campaign expenses. After the election he handed them back $199.25, spending only 75 cents on the campaign. Lincoln received 6,340 votes, Cartwright 4,829.
The Lincoln family traveled by stage and rail arriving in Washington December 2, 1846. First staying at the Brown’s Hotel, then moving on to Mrs. Sprigg’s Boarding House on the grounds where the Library of Congress now sits.
After the oath of office, Lincoln drew one of the poorest seats in the House, center of the back row on the Whig side. Many faces and names in the House and the Senate became part of his life. At one desk, a little man with delicate sideburns, eighty years old, professor at Harvard, U.S. senator from Massachusetts, and yes, President of the United States from 1825 to 1829, and 17 years in congress, for this was John Quincy Adams.
Lincoln became one of the busiest men in Congress, missing only seven votes. Mrs. Lincoln’s frustrations continued to grow and after a few months she left Washington and traveled with their two boys to her father’s home in Lexington.
Lincoln’s concerns of the war with Mexico continued to grow and he spoke of the course that he would follow; “When the war began, it was my opinion that all those who, because of knowing too little, or because of knowing too much, could not conscientiously approve the conduct of the President, never the less, as good citizens and patriots, remain silent on that point, at least till the war should be ended.” During this period Lincoln continued to support and vote for supplies and aid to soldiers in the field.
Two weeks into the session one of Lincoln’s colleagues from Illinois introduced a resolution declaring the war to be “Just and Necessary”. Lincoln voted with other members of the Whig party to defeat the resolution. On January 12, 1848, Lincoln defended the vote of his party, declaring “that the war with Mexico was un-necessary and unconstitutionally commenced by the President.”.
The American armies were clinching their hold on Mexico. The war had cost the government $27 million and 27,000 soldiers lives. Lincoln introduced a number of resolutions to embarrass the President by forcing him to admit that Mexico had jurisdiction over the spot where the first blood was shed. Lincoln’s resolution requested the President to inform the house of the exact “spot of soil” where the first “blood of our citizens were shed.” He directly implied that the President had ordered American troops into land not established as American soil.
Lincoln hoped the folks back home would understand, but many did not. The “Belleville advocate” reported about a meeting in Clark County of “Patriotic Whigs and Democrats which resolved, that Abe Lincoln, the author of the “spot” resolution in congress against his own country, may he be long remembered by his constituents, but may they cease to remember him, except to rebuke him.” The “Illinois Star Register” told of newspapers and public meetings that declared Lincoln to be a second “Benedict Arnold.”
Billy Herndon’s, a friend and old law partner of Lincoln, wrote of the concerns being expressed at home. Lincoln replied: I will stake my life, that if you had been in my place, you would have voted just as I did. Would you have voted what you felt you knew to be a lie? I know you would not!
During the rest of Lincoln’s tenure, the House record showed him working hard and faithfully on petitions, appointments, pensions, documents, public roads, canals, rivers and harbors. He found the wrangling and quibbling much the same as in the Illinois legislature.
Lincoln feeling lonely wrote to Mary and said “In this troublesome world we are never quite satisfied. When you were here, I thought you hindered me some in attending to business; but now, having nothing but business – no variety – it has grown exceedingly tasteless to me. I hate to sit down and direct documents, and I hate to stay in this old room by myself. You do not prefix the ‘hon.’ to the address on your letters to me any more … What did Bobby and Eddy think of the little letters father sent them? Don’t let the blessed fellows forget father.”
As the session ended, Lincoln having a taste of federal office, was reluctant to return to the less eventful life of Springfield. Lincoln’s party would soon be in power and he wanted to be a part of that.
Lincoln requested to be consulted about the appointment of the General Land Office in Washington that had been virtually promised to Illinois. But it would appear that Lincoln’s influence was waning based upon the last sentence he wrote in his letter to William Meredith, Secretary of the Treasury, “We do not know you personally and our efforts to see you have, so far, been unavailing.”
There were three individuals seeking the General Land Office, Cyrus Edwards, J.L.D. Morrison and Justin Butterfield. Lincoln work hard for the defeat of Butterfield writing letters to many friends in Washington, and indicating to use Edwards, Morrison or himself for the appointment.
June 1st, the contest had narrowed down to Lincoln and Butterfield. Both candidates made every effort possible to secure the appointment for themselves, but on June 21st, Butterfield prevailed.
Lincoln returned to Springfield thoroughly disheartened. He continued to recommend appointments to the administration, but as his lack of influence became increasing evident, his political enthusiasm cooled. Lincoln return to his law practice and the rest is history.
Thank you.
___________________________
Senate reconvened.
Committee On motion of Senator Tebedo, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Tebedo 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 00-1155 by Rep. McKay; Senator Teck--Delete Debt Management Regulation
Ordered revised and placed on the calendar for Third Reading and Final Passage.
SB 00-096 by Sen. Anderson; Rep. McPherson--Vested Property Rights
Laid over until Monday, February 14, retaining its place on the calendar.
SB 00-095 by Sen. Wattenberg; Rep. George--Access To Eye Care Coverage
Laid over until Monday, February 14, retaining its place on the calendar.
SB 00-144 by Sen. Owen; Rep. Spradley--Deferred Deposit Loan Act
(Amended in General Orders as printed in Senate Journal, February 4, page 214.)
Amendment No. 1, by Senator Owen
Amend printed bill, page 7, strike line 15 and substitute the following:
"violated the code, articles 1 to 9 of";
line 25, strike "this article or article 3" and substitute "the code, articles 1 to 9".
Page 8, line 1, strike "article 3 of this title" and substitute "the code, articles 1 to 9 of this title,".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-114 by Sen. Andrews; Rep. Hefley--Period Of Silence And Ten Commandments
Laid over until Monday, February 14, retaining its place on the calendar.
HB 00-1176 by Rep. Dean; Sen. Sullivant--No Lim On Time Of Home Religious Study
(Local Government Committee Amendment as printed in Senate Journal,
February 4, page 211, declared LOST on Second Reading.)
Laid over until Monday, February 14, retaining its place on the calendar.
SB 00-018 by Sen. Dyer; Rep. Gotlieb--Continue Ignition Interlock Program
Amendment No. 1, Transportation Committee Amendment
(Printed in Senate Journal, February 4, page 216.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-093 by Sen. Nichol; Rep. Paschall--Notify Secured Lenders Of Tow Liens
Laid over until Monday, February 14, retaining its place on the calendar.
SB 00-156 by Sen. Dennis; Rep. Smith--Aviation Fund Distribution
Ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-072 by Sen. Reeves; Rep. Taylor--Sales Tax Data & Collections
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, February 4, pages 217-218.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-132 by Sen. Weddig; Rep. Miller--Consumer Reporting Agency Information
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, February 4, page 218.)
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 Monday, February 14, retaining its place on the calendar.
SB 00-057 by Sen. Hillman--Unclaimed Property Trust Fund
(Amended in General Orders as printed in Senate Journal, January 21, page 136.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-074 by Sen. Lacy; Rep. Tool--Tobacco Settlement Defense Account
Ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-078 by Sen. Arnold; Rep. Mitchell--Broomfield In The17th Jud Dist
Laid over until Monday, February 14, retaining its place on the calendar.
SB 00-129 by Sen. Dyer--Deregulation Of Railroad Fares
Amendment No. 1, Transportation Committee Amendment
(Printed in Senate Journal, February 7, pages 228-234.)
Amendment No. 2, by Senator Dyer
Amend the committee amendment, as printed in Senate Journal, February 7, page 228, strike lines 69 through 72.
Page 229, strike lines 1 through 7.
Renumber succeeding sections accordingly.
Page 229, line 9, strike "(b) and (4)," and substitute "(b), (4), and (5),";
after line 27, insert the following:
"(5) Rail carrier rates may be established not to exceed reasonable minimums and maximums in conformance with 49 U.S.C. 10701a.".
Page 232, line 28, strike "40-29-101, 40-29-102, 40-29-103,";
line 29, strike "40-29-106, 40-29-107,".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-171 by Sen. Tanner; Rep. Berry--Abandoned Children
Laid over until Monday, February 14, retaining its place on the calendar.
SB 00-077 by Sen. Reeves; Rep. Larson--POST Board Matters
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, February 4, pages 218-219.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-101 by Sen. Reeves; Rep. Morrison--Mental Health Disciplinary Proceedings
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, February 7, page 234.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-179 by Sen. Hernandez--Specialists In School Psychology
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, February 8, page 243.)
Amendment No. 2, by Senator Hernandez
Amend printed bill, page 1, line 3, strike "A NEW SUBSECTION" and substitute "THE FOLLOWING NEW SUBSECTIONS";
line 5, strike "heads." and substitute "heads - repeal.".
Page 3, after line 9, insert the following:
"(16) (a) The director of the division of registrations shall make or cause to be made a study of consolidating the supervision school psychologists from the department of education to the director the division of registrations within department of regulatory agencies. The study shall include an analysis of the feasibility of consolidating the supervision to the director, the administrative efficiencies, cost savings, and the benefits to the public from such a consolidation. The director should consult school psychologists who work in a public school setting, specialists in school psychology who work outside of the public school setting, and any other interested party for the purposes of this study. The director may make recommendations for legislation based on findings from this study.
(b) The director shall report the director's findings from this study to the business affairs and labor committee in the senate no later than October 15, 2001. The report shall fully explain the findings of the study and reasons supporting the conclusions of the division.
(c) This section is repealed, effective December 31, 2001.".
Page 5, after line 2, insert the following:
"SECTION 4. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".
Renumber succeeding sections accordingly.
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE
On motion of Senator Tebedo, 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:
SB00-156, SB00-074, HB00-1155 declared passed on Second Reading.
SB00-144, as amended; SB00-018, as amended; SB00-072, as amended; SB00-132, as
amended; SB00-057, as amended; SB00-129, as amended; SB00-077, as amended;
SB00-101, as amended; SB00-179 as amended, declared passed on Second Reading.
SB00-096, SB00-095, SB00-114, SB00-093, SCR00-002, SB00-078, SB00-171,
HB00-1176 laid over until Monday, February 14, retaining their place on the calendar.
______________________________
On motion of Senator Chlouber, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Friday, February 11, was laid over until Monday, February 14, retaining its place on the calendar.
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COMMITTEE OF REFERENCE REPORTS
Trans- After consideration on the merits, the committee recommends that SB00-011 be
portation amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 2, strike lines 1 through 13 and substitute the following:
"SECTION 1. 24-72-204 (2) (a) (VI), (3.5) (a) (II), (3.5) (b) (II), (3.5) (b) (III), (3.5) (b) (IV), and (7), Colorado Revised Statutes, are amended to read:
24-72-204. Allowance or denial of inspection - grounds - procedure - appeal. (2) (a) The custodian may deny the right of inspection of the following records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest:
(VI) Photographs, electronically stored photographs, digitized images, fingerprints, or social security numbers Records and information relating to the identification of persons filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121, (2) (c) (I) (F) or (2) (c) (I) (H), C.R.S.
(3.5) (a) Effective January 1, 1992, any individual who meets the requirements of this subsection (3.5) may request that the address of such individual included in any public records concerning that individual which are required to be made, maintained, or kept pursuant to the following sections be kept confidential:
(II) Sections 42-1-210, 42-2-119, 42-2-121, and 42-3-112, C.R.S.;
(b) (II) A request of confidentiality with respect to records described in subparagraphs subparagraph (I) and (II) of paragraph (a) of this subsection (3.5) shall be made in person in the office of the county clerk and recorder of the county where the individual making the request resides. Requests shall be made on application forms approved by the secretary of state, and the executive director of the department of revenue, after consultation with county clerk and recorders. The application form shall provide space for the applicant to provide his or her name and address, date of birth, driver's license number, if the applicant has a driver's license, identification card number, if the applicant has an identification card issued pursuant to part 3 of article 2 of title 42, C.R.S., registration number or plate number, if the applicant is the owner of record of a vehicle registered pursuant to article 3 of title 42, C.R.S., and any other identifying information determined by the executive director of the department of revenue secretary of state to be necessary to carry out the provisions of this subsection (3.5). In addition, an affirmation shall be printed on the form, in the area immediately above a line for the applicant's signature and the date, stating the following: "I swear or affirm, under penalty of perjury, that I have reason to believe that I, or a member of my immediate family who resides in my household, will be exposed to criminal harassment, or otherwise be in danger of bodily harm, if my address is not kept confidential." Immediately below the signature line, there shall be printed a notice, in a type that is larger than the other information contained on the form, that the applicant may be prosecuted for perjury in the second degree under section 18-8-503, C.R.S., if the applicant signs such affirmation and does not believe such affirmation to be true.
(III) The county clerk and recorder of each county shall provide an opportunity for any individual to make the request of confidentiality allowed by this subsection (3.5) in person at the time such individual makes application to the county clerk and recorder to register to vote or to make any change in such individual's registration, at the time such individual applies at the office of the county clerk and recorder for registration or renewal of registration of a vehicle pursuant to article 3 of title 42, C.R.S., and at any other time during normal business hours of the office of the county clerk and recorder. The county clerk and recorder shall forward a copy of each completed application to the department of revenue and to the secretary of state for purposes of the records maintained by them him or her pursuant to subparagraphs subparagraph (I) and (II) of paragraph (a) of this subsection (3.5). The county clerk and recorder shall collect a processing fee in the amount of five dollars for each driver's license and vehicle included by the application. If voter registration records are included in the application, the processing fee shall include an additional five dollars, of which amount two dollars and fifty cents shall be transmitted to the secretary of state for the purpose of offsetting the secretary of state's costs of processing applications forwarded to the secretary of state pursuant to this subparagraph (III). All processing fees received by the secretary of state pursuant to this subparagraph (III) shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund. All processing fees collected by the county clerk and recorder for the inclusion of driver's licenses in applications shall be transmitted to the state treasurer, who shall credit the same to the highway users tax fund.
(V) Notwithstanding the amount specified for any fee in subparagraph (III) or (IV) of this paragraph (b), the secretary of state by rule or as otherwise provided by law may reduce the amount of one or more of the fees credited to the department of state cash fund and the executive director of the department of revenue by rule or as otherwise provided by law may reduce the amount of one or more of the fees credited to the highway users tax fund if necessary pursuant to section 24-75-402 (3), to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the secretary of state or the executive director, whichever is appropriate, by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4).
(7) (a) In addition to any other requirement or restriction, Except as permitted in paragraph (b) of this subsection (7), the department of revenue or a designated agent of the department may shall not allow inspection of information contained in a driver's license application under section 42-2-107, C.R.S., a driver's license renewal application under section 42-2-118, C.R.S., a duplicate driver's license application under section 42-2-117, C.R.S., a commercial driver's license application under section 42-2-404, C.R.S., an identification card application under section 42-2-302, C.R.S., a motor vehicle title application under section 42-6-103, C.R.S., a motor vehicle registration application under section 42-3-112, C.R.S., or other official record or document maintained by the department under section 42-2-121, C.R.S., to a requestor, other than a the person in interest or a federal, state, or local government agency carrying out its official functions,
(b) Notwithstanding the provisions of paragraph (a) of this subsection (7), only upon obtaining a completed requestor release form under section 42-1-206 (1) (b), C.R.S., the department may allow inspection of the information referred to in paragraph (a) of this subsection (7) for the following uses:
(I) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions;
(II) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers;
(III) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:
(A) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
(B) If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual;
(IV) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court;
(V) For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact the parties in interest;
(VI) For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting;
(VII) For use in providing notice to the owners of towed or impounded vehicles;
(VIII) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this paragraph (b);
(IX) For use by an employer or its agent or insurer to obtain or verify information relating to a party in interest who is a holder of a commercial driver's license;
(X) For use in connection with the operation of private toll transportation facilities;
(XI) For any other use in response to requests for individual motor vehicle records if the department has obtained the express consent of the party in interest pursuant to section 42-2-121 (4), C.R.S.
(XII) For bulk distribution for surveys, marketing or solicitations if the department has obtained the express consent of the party in interest pursuant to section 42-2-121 (4), C.R.S.
(XIII) For use by any requestor, if the requestor demonstrates he or she has obtained the written consent of the party in interest; or
(XIV) For any other use specifically authorized under the laws of the state, if such use is related to the operation of a motor vehicle or public safety.
(c) If the requestor release form indicates that the requestor will use information contained in records, requested individually, or in bulk, for any purpose other than a purpose authorized by law, including an authorized use under the federal "Driver's Privacy Protection Act of 1994", 18 U.S.C. sec. 2721, et seq., or the lawful use of the records by the press and news media in gathering news information, the department or agent shall deny inspection of any motor vehicle or driver record. for which a confidentiality request form has been filed pursuant to section 42-2-121 (4), C.R.S.
SECTION 2. 42-1-206 (1) (b) (I) (A), (2) (a), (3.5) (c), and (3.7) (a), Colorado Revised Statutes, are amended to read:
42-1-206. Records open to inspection - furnishing of copies - repeal. (1) (b) (I) The department shall prepare a requestor release form and make such form available to the department's designated agents. The form shall include the following:
(A) A statement indicating whether the requestor will use the motor vehicle or driver records or transfer such records to another person for any purpose other than a purpose authorized by law, including any authorized use under the federal "Driver's Privacy Protection Act of 1994", 18 U.S.C. sec. 2721, et seq.; or the lawful use of the records by the press and news media in gathering news information; and
(2) (a) Upon written application and the payment of a fee of two dollars and twenty cents per copy, or search therefor, for each copy requested, the department shall furnish to any person a photostatic copy of any specified record or accident report specifically made a public record by any provision of this title and shall, for the additional fee of fifty cents per certification, if requested, certify the same. Any information required to be kept confidential by section 24-72-204 (3.5) (a), C.R.S., shall be rendered illegible by the department on any copy furnished pursuant to this section. All fees collected under the provisions of this subsection (2) shall be used to defray the expenses of providing such copies; except that ten cents of each fee collected by the department shall be credited to the special purpose account established under section 42-1-211 and used as provided in said section.
(3.5) (c) Notwithstanding the provisions of paragraph (a) of this subsection (3.5), the department may release copies of individual photographs, electronically stored photographs, or digitized images to a duly accredited representative of the news media.
(3.7) (a) The department shall establish a system to allow bulk electronic transfer of information to primary users and vendors who are authorized to receive such information pursuant to section 24-72-204 (7). Such information shall consist of the information contained in a driver's license application under section 42-2-107, a driver's license renewal application under section 42-2-118, a duplicate driver's license application under section 42-2-117, a commercial driver's license application under section 42-2-404, an identification card application under section 42-2-302, a motor vehicle title application under section 42-6-116, a motor vehicle registration application under section 42-3-112, or other official record or document maintained by the department under section 42-2-121.
SECTION 3. 42-2-121 (4), Colorado Revised Statutes, is amended to read:
42-2-121. Records to be kept by the department - admission of records in court. (4) (a) The department shall place a confidentiality notice on any driver's license application form under section 42-2-107, driver's license renewal application under section 42-2-118, duplicate driver's license application under section 42-2-117, commercial driver's license application under section 42-2-404, identification card application form under section 42-2-302, motor vehicle title application form under section 42-6-103, or motor vehicle registration application form under section 42-3-112. The department shall indicate in such notice that, any person filing such a form may file a confidentiality request form with the department requesting that unless the person waives his or her confidentiality, the information contained in the person's motor vehicle or driver record shall not be used for any purpose other than a purpose authorized by law.
(b) The department shall prepare a confidentiality request waiver form and shall provide the form to the designated agents of the department. The department and the designated agents shall make such form available to any person on request. The department and the designated agents shall be the sole distributors of such form. The form shall contain instructions for filing the form with the department. and shall contain the following notices:
(I) That the filing of a confidentiality request form will not prevent inspection of motor vehicle or driver record information by all persons, including the release of information to the press and news media for the gathering of news related information;
(II) That the filing of a confidentiality request form will not cease all surveys, marketing, or solicitations received by the person by telephone, mail, or other means and will not avoid use of motor vehicle or driver record information that was obtained by persons prior to September 1, 1997;
(III) That there will be a delay between the date of filing of a confidentiality request form and the date the confidentiality request becomes effective; and
(IV) That confidentiality only includes personal information contained in records filed pursuant to driver's license applications, identification card applications, motor vehicle title applications, and motor vehicle registration applications.
(c) Any person making a request executing a waiver under this subsection (4) that information in motor vehicle or driver records not may be used for any purpose other than a purpose authorized by law shall provide the information requested by the department in the confidentiality request waiver form and file the form directly with the department. The department shall process such forms and shall notify the designated agents regarding which motor vehicle and driver records are subject to confidentiality requests waivers.
(d) A confidentiality request waiver expires upon a request by the person to rescind the confidentiality request waiver or upon the renewal of the motor vehicle or driver record; except that a confidentiality request waiver form filed in connection with a motor vehicle registration application shall remain in force until the motor vehicle is transferred or the person requests that the confidentiality request waiver be rescinded.".
Renumber succeeding sections accordingly.
Page 3, line 13, strike "expect" and substitute "except".
Page 4, strike line 22 and substitute the following:
"(2) (a) (I) Except as provided in subsection (3) of this section:
(A) The";
line 23, after "license", insert "to a person twenty-one years of age or older and sixty-five years of age or younger";
line 24, strike "fifteen thirty" and substitute "fifteen".
Page 5, line 1, after the first "of", insert "such";
line 3, strike "twelve" and substitute "eight";
line 4, strike "eighteen" and substitute "seven";
line 8, strike "seventeen dollars and fifty cents" and substitute "six dollars and fifty cents";
after line 9, insert the following:
"(B) The fee for the issuance of a driver's license to a person sixty-six years of age or older shall be fifteen dollars, which license shall expire on the birthday of the applicant in the fifth year after the issuance thereof. In the case of such a driver's license issued by the office of the county clerk and recorder in each county, the office of the county clerk and recorder shall retain the sum of eight dollars, and seven dollars shall be forwarded to the department for transmission to the state treasurer, who shall credit the same to the highway users tax fund, and the general assembly shall make appropriations therefrom for the expenses of the administration of parts 1 and 2 of this article; except that six dollars and fifty cents of each fee shall be allocated pursuant to section 43-4-205 (6) (b), C.R.S.
3. or before July 1, 2005, the department shall submit a report to the transportation legislation review committee, created in Section 43-2-145, C.R.S., concerning the effect of extending the expiration of driver's licenses on the fee revenue of the department.";
line 18, strike "six dollars, and nine" and substitute "eight dollars, and seven";
line 23, strike "eight" and substitute "six".
Page 6, strike line 1 and substitute the following:
"2006.";
line 3, strike "fifteen thirty" and substitute "fifteen".
Page 9, strike lines 14 and 15 and substitute the following:
"SECTION 11. 42-2-104 (1), Colorado Revised Statutes, is amended, and the said".
Page 10, line 3, strike "2005." and substitute "2006.";
strike lines 4 through 7.
Page 11, line 7, strike "2005." and substitute "2006.".
Page 15, line 1, strike "2005." and substitute "2006.".
Page 23, line 10, after "issued", insert "for violations occurring";
line 14, after "issued", insert "for violations occurring".
Page 24, strike line 10 and substitute the following:
"months. if the violation did not occur prior to July 1, 1974.".
Trans- After consideration on the merits, the committee recommends that SB00-015 be
portation amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 2, line 8, strike "C.R.S." and substitute "C.R.S., and shall have the same effect as set forth in section 24-71.1-105, C.R.S.";
line 10, after "by", insert "the director or";
line 11, strike "agent," and substitute "agent of the director,";
after line 13, insert the following:
"(13.5) "Signature" means either a written signature or an electronic signature as described in section 24-71.1-106, C.R.S.".
Page 3, line 6, after the period, add "Any evidence submitted to the director or the director's authorized agent may be maintained in a paper or electronic version.";
strike line 13 through 16 and substitute the following:
"be mailed to the applicant, except as provided in section 42-6-124, and information of the facts therein appearing and concerning the issuance thereof shall be retained by the director and appropriately indexed and filed in the director's office. The certificate shall be in such form as the";
line 17, before "electronic", insert "Such certificates may be".
Page 4, line 2, after "certificate", insert "or the paper version of the certificate";
line 11, strike "certificates" and substitute "certificates and";
line 23, after "vehicle.", insert "(1)";
line 26, strike "of transfer of title to such vehicle," and substitute "of title to such vehicle, which certificate may be electronic,".
Page 5, strike line 6 and substitute the following:
"part 1. A lienholder may request either a paper or electronic version of a certificate of title.
(2) A paper copy of a certificate of title shall be necessary for any transaction in which:
(a) Either party to the transaction is located outside Colorado; or
(b) The purchaser pays for any motor vehicle with cash only.";
line 14, strike "certificate of transfer," and substitute "certificate,";
line 20, strike "certificate of transfer to" and substitute "certificate,";
strike line 21 and substitute the following:
"together with an application for a new certificate of title to the director or".
Page 6, strike lines 19 through 26.
Page 7, strike lines 1 and 2.
Renumber succeeding sections accordingly.
Page 7, line 21, strike "the director or" and substitute "the director or".
Page 8, line 13, strike "the director or" and substitute "the director or";
line 17, strike "or transfer";
line 18, strike "of";
line 26, strike "the director or" and substitute "the director or".
Page 9, line 5, strike "director" and substitute "director or the";
line 7, after "director", insert "or the director's authorized agent";
line 12, after "director", insert "or the director's authorized agent";
line 21, after the period, add "Any evidence submitted to and maintained by the director or the director's authorized agent may be maintained in a paper or electronic version.";
line 23, strike "director," and substitute "director or the director's authorized agent,".
Page 10, line 23, strike "director" and substitute "director or the".
Page 11, line 1, strike "the motor number," and substitute "the motor number,".
Page 12, line 9, strike "director" and substitute "director or the";
line 26, strike "the director or" and substitute "the director or".
Page 13, line 3, strike "(1) and (2), the introductory portion to" and substitute "(1), (2), and (4),";
line 4, strike "42-6-119 (3), and 42-6-119 (4),";
line 11, strike "the director or" and substitute "the director or";
strike lines 19 through 26.
Page 14, strike lines 1 and 2;
Renumber succeeding subsection accordingly.
Page 14, line 11, strike "director" and substitute "director or the";
line 12, strike "the director shall dispose of the same" and substitute "the director shall or the director's authorized agent may dispose of the same such certificate of title, and".
Page 15, line 17, strike "title," and substitute "title or" and strike "title, or" and substitute "title";
line 18, strike "certificate of transfer of title";
line 21, after "located.", insert "The filings may be either with paper documents or electronically.";
line 26, after "said", insert "electronic or".
Page 16, line 1, strike "title," and substitute "title or";
line 2, strike "or certificate of transfer of title,";
line 18, strike "transmit" and substitute "transmit, when the director's authorized agent uses an electronic filing system,";
strike line 19 and substitute the following:
"of title, application for certificate of title,";
line 20, strike "transfer of title,";
line 22, strike "information." and substitute "information pursuant to section 42-6-147.";
strike line 24 and substitute the following:
"on a certificate of title or application for certificate of title";
line 25, strike "certification of transfer of title".
Page 17, line 15, strike "Within forty-eight" and substitute "Within forty-eight";
line 16, strike "hours after" and substitute "hours After";
line 17, strike "mail" and substitute "mail or".
Page 18, strike lines 8 and 9 and substitute the following:
"agent, and the director or the director's authorized agent shall thereafter dispose of said new certificate of title containing said notation as provided in section 42-6-124.";
strike lines 12 through 26 and substitute the following:
"42-6-124. Disposition of certificates of title. (1) All certificates of title issued by the director or the director's authorized agent shall be disposed of by the director in the following manner:
(a) If the certificate of title that is filed by the director's authorized agent is maintained in an electronic format within the director's and the director's authorized agent's motor vehicle databases as required by the standards established pursuant to article 71.1 of title 24, C.R.S., the certificate of title shall be disposed of in accordance with paragraphs (b) and (c) of this subsection (1).
(a) (b) If it appears from the records in the director's or the director's authorized agent's office and from an examination of the certificate of title that the motor vehicle therein described is not subject to a mortgage filed subsequent to August 1, 1949, or if such vehicle is encumbered by a mortgage filed in any county of a state other than the state of Colorado, the certificate of title shall be delivered to the person who therein appears to be the owner of the vehicle described, or such certificate shall be mailed to the owner thereof at his or her address as the same may appear in the application, the certificate of title, or other records in the director's or the director's authorized agent's office.
(b) (c) If it appears from the records in the office of the director or the director's authorized agent and from the certificate of title that the motor vehicle therein described is subject to one or more mortgages filed subsequent to August 1, 1949, the director or the director's authorized agent shall electronically maintain or deliver the certificate of title issued by the director to the mortgagee named therein or the holder thereof whose mortgage was first filed in the office of an authorized agent. or shall mail the same to such mortgagee or holder at his or her address as the same appears in the certificate of title to said vehicle.".
Page 19, strike lines 1 through 11 and substitute the following:
"SECTION 19. The introductory portion to 42-6-125 (1), Colorado Revised Statutes, is amended, and the said 42-6-125 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:";
line 12, strike "(1)" and substitute "(1)";
line 23, after "with the", insert "director or the";
line 26, strike "Thereupon, the holder of the mortgage so" and substitute "Thereupon, the holder of the mortgage so".
Strike page 20 and substitute the following:
"released shall dispose of the certificate of title as follows:
(c) The director's authorized agent shall note in the electronic record of the lien such satisfaction or release of such lien or mortgage and shall file such satisfaction or release of such lien as required in section 42-6-122.".
Page 21, strike lines 1 through 18 substitute the following:
"SECTION 20. 42-6-126, Colorado Revised Statutes, is amended to read:
42-6-126. New certificate upon release of mortgage. (1) Upon the release of any mortgage on a motor vehicle filed for record in the manner prescribed in section 42-6-121, the owner of the vehicle encumbered by such mortgage, the purchaser from or transferee of the owner thereof as appears on the certificate of title, or the holder of any mortgage the lien of which was junior to the lien of the mortgage released, whichever the case may be, upon the receipt of the certificate of title, as provided in section 42-6-125, shall deliver the same to the authorized agent who shall transmit the same to the director as in other cases. Upon the receipt by the director of the certificate of title bearing thereon the release and satisfaction of mortgage referred to in section 42-6-125, the director shall make such notation on the records in the director's office as shall show the release of the lien of such mortgage, shall issue a new certificate of title to the motor vehicle therein described, omitting therefrom all reference to the mortgage so released, and shall dispose of the new certificate of title in the manner prescribed in other cases unless directed otherwise.
(2) For certificates of title that are maintained in an electronic format, any release of lien, mortgage, or encumbrance shall be filed prior to the issuance of a new certificate of title. In the event the holder of the lien, mortgage, or other encumbrance has filed bankruptcy or is no longer in business, the person seeking issuance of a new certificate of title reflecting the release of the lien, mortgage, or other encumbrance, which has been maintained electronically, shall either post a bond with the director in a reasonable amount determined by the director or shall wait until the period of the lien, mortgage, or other encumbrance expires.".
Renumber succeeding sections accordingly.
Page 22, line 11, before "a", insert "or in the county where the owner resides,";
line 24, before "director's", insert "director's or the".
Page 23, line 3, strike "title." and substitute "title, which may be filed electronically.".
Page 27, line 4, strike "or certificate of transfer of";
strike line 5 and substitute the following:
"vehicle and accompanying papers which or files that may be sent or transmitted by an the director's authorized";
line 6, strike "agent to the director" and substitute "agent to the director";
line 11, strike "and of the director" and substitute "and of the director".
line 23, strike "director"and substitute "director or the";
line 26, after "director's", insert "or the director's".
Page 28, line 10, strike "director" and substitute "director or the";
line 11, after "the", insert "director or the director's".
Page 29, line 10, strike "director" and substitute "director or the";
line 16, strike "(4), (5), and (6)," and substitute "and (5),".
Page 30, line 1, after "of", insert "the director or";
strike lines 7 through 10;
strike lines 17 through 20.
Page 31, line 2, before "director's", insert "director or the";
line 21, strike "or (4)" and substitute "or (4)".
Page 32, strike lines 4 through 20 and substitute the following:
"SECTION 30. Part 1 of article 6 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
42-6-147. Central registry - rules. (1) The director shall maintain a central registry of electronic files for all certificates of title, mortgages, liens, releases of liens or mortgages, and extensions thereto. The director's authorized agents shall transmit all electronic filing information to the director for maintenance of such registry. The director shall promulgate rules:
(a) To allow the filing of scanned documents and determine when such scanned documents may be accepted for the purposes of filing;
(b) To determine when an electronic signature is acceptable for the purposes of filing certificate of title documents; and
(c) As may be necessary for the administration of electronic filing of certificates of title and all related documents.
(2) The director shall develop a plan to implement electronic filing on a statewide basis. The director shall encourage participation by the counties in an electronic filing system. The director shall begin the implementation of the electronic filing system no later than July 1, 2001, and shall complete the statewide implementation of electronic filing no later than July 1, 2006. The director may grant an exclusion from participation in the electronic filing system upon application by an individual county that demonstrates reasonable cause why electronic filing would be burdensome to the county.".
Trans- After consideration on the merits, the committee recommends that SB00-108 be
portation amended as follows and, as so amended, be referred to the Committee on Appropriations
with favorable recommendation:
Amend printed bill, page 2, line 7, after "the", insert "transportation commission or a special committee of the transportation commission designated by the transportation commission in cooperation with the";
line 10, strike "petition the" and substitute "request the transportation legislation review";
strike line 14 and substitute the following:
"No request for a special transportation project submitted pursuant to";
line 16, strike "petitioner" and substitute "requester".
Page 3, line 3, strike "length," and substitute "less than fourteen feet in height,";
line 5, after "commercial," insert "agricultural,";
strike lines 9 and 10 and substitute the following:
"sight distance, or susceptibility to flooding.";
strike line 12 and substitute the following:
"upgrade or reconstruct a functionally obsolete or structurally deficient";
after line 13, insert the following:
"(c) "Structurally deficient structure" means an existing minor underpass that is less than twenty feet in width or less than fourteen feet in height, that currently provides access to existing industrial, commercial, agricultural, or residential properties along the national highway system, and that is in advanced stages of deterioration or is in marginal condition but still functions at a minimum level.";
strike lines 16 through 18;
line 19, strike "project. The petition" and substitute "request for approval of a special transportation project with the transportation commission or a special committee of the transportation commission designated by the transportation commission. The request";
line 21, strike "petition" and substitute "request";
line 24, strike "petitioner" and substitute "requester";
line 26, strike "committee may" and substitute "transportation commission or a special committee of the transportation commission designated by the transportation commission may, by rules promulgated in accordance with article 4 of title 24, C.R.S.,".
Page 4, line 2, strike "committee" and substitute "transportation commission or a special committee of the transportation commission designated by the transportation commission", and strike "petitions" and substitute "requests";
line 3, strike "(a)." and substitute "(a) and to determine whether the proposed project should receive a favorable or unfavorable recommendation from the commission or special committee. No later than August 1, 2000, and August 1 of each year thereafter, the transportation commission or a special committee of the transportation commission designated by the transportation commission shall transmit copies of all timely and properly filed requests to the transportation legislation review committee and shall include in such transmission either a favorable or unfavorable recommendation for each requested project.";
line 8, strike "petitions" and substitute "requests";
line 16, strike "petition" and substitute "request".
Page 5, line 1, strike "petitioner" and substitute "requester";
line 12, strike "committee." and substitute "committee, including, but not limited to, the recommendation of the transportation commission or a special committee of the transportation commission designated by the transportation commission submitted pursuant to paragraph (a) of this subsection (3).".
Page 1, strike lines 103 and 104 and substitute the following:
"administration of the program, providing a procedure for";
line 106, strike "local" and substitute "certain".
Trans- After consideration on the merits, the committee recommends that SB00-177 be
portation amended as follows and, as so amended, be referred to the Committee on Appropriations
with favorable recommendation:
Amend printed bill, page 5, strike lines 10 and 11, and substitute the following:
"SECTION 3. 25-15-302 (4) (a) and (4) (c), Colorado Revised Statutes, are amended, and the said 25-15-302 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:".
Page 8, after line 3, insert the following:
"(4) (a) Except as provided in paragraphs (b) and (c) paragraph (b) of this subsection (4), the rules promulgated by the commission pursuant to the provisions of this part 3 may be more stringent than the corresponding rules of the federal environmental protection agency promulgated pursuant to the federal act; however, more stringent rules including, without limitation, rules that list or define as a hazardous waste any waste or other material exempted or otherwise not regulated as a hazardous waste under the federal act may only be adopted with the affirmative vote of at least five members of the commission if the commission made a written finding, after a public hearing and based upon substantial evidence in the record that such rules are necessary to protect the public health and the environment of the state, and such findings and rules are approved by an affirmative vote of at least six members of the commission. Such findings and rules shall be accompanied by a commission opinion referring to and evaluating the public health and environmental information and studies contained in the record that form the basis for such findings and rules.
(c) The rules promulgated by the commission pursuant to the provisions of this part 3 may not list or define as a hazardous waste any waste or other material exempted or otherwise not regulated as a hazardous waste under the federal act unless the commission makes a written finding after a public hearing and based upon substantial evidence in the record that such rules are necessary to protect the public health and the environment of the state and such findings and rules are approved by a vote of at least six members of the commission. Such findings and rules shall be accompanied by a commission opinion referring to and evaluating the public health and environmental information and studies contained in the record that form the basis for such findings and rules.".
Trans- After consideration on the merits, the committee recommends that the following be
portation postponed indefinitely: SB00-109
State, The Committee on State, Veterans, and Military Affairs has had under consideration and Veterans, has had a hearing on the following appointment and recommends that the appointment be and Military confirmed:
AffairsEXECUTIVE DIRECTOR
OF MILITARY AFFAIRS
effective February 7, 2000 for a term expiring at the pleasure of the Governor:
General Mason C. Whitney of Aurora, Colorado.
State, The Committee on State, Veterans, and Military Affairs has had under consideration and
Veterans, has had a hearing on the following appointments and recommends that the appointments
and Military be confirmed:
AffairsCOLORADO BOARD OF
VETERANS AFFAIRS
for terms expiring June 30, 2003:
Thomas Edward “Ted” Johnson of Durango, Colorado, to serve a veteran and a Republican, appointed;
Robert C. Adams of Denver, Colorado, to serve as a veteran and a Republican, appointed.
State, The Committee on State, Veterans, and Military Affairs has had under consideration and
Veterans, has had a hearing on the following appointments and recommends that the appointments
and Military be confirmed:
AffairsCOLORADO LOTTERY COMMISSION
for a term expiring July 1, 2002:
John T. Aguilera of Pueblo, Colorado, to serve as a representative
of the retail industry and as a Democrat member, appointed.
effective June 9, 1999, for a term expiring July 1, 2002:
Timothy D. Bachicha of Alamosa, Colorado, to serve as a certified public accountant and as a Republican, appointed;
effective July 1, 1999, for a term expiring July 1, 2003:
Michael L. Acree of Parker, Colorado, to serve as a representative of law enforcement and as a Republican, appointed.
State, After consideration on the merits, the committee recommends that SB00-172 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend printed bill, page 1, strike lines 2 through 4.
Renumber succeeding sections accordingly.
Strike page 2.
Page 3, strike lines 1 through 7;
line 8, strike "(2), (4), and (6)," and substitute "and (2),";
line 15, strike "and summary" and substitute "and summary";
line 20, strike "titles and submission clause" and substitute "titles, submission clause and summary";
line 25, strike "titles and submission clause" and substitute "titles, submission clause and summary".
Page 4, line 10, strike "and summary" and substitute "and summary";
strike lines 17 through 26.
Renumber succeeding sections accordingly.
Strike pages 5 and 6.
Renumber succeeding sections accordingly.
Page 7, strike lines 1 through 10.
Page 1, line 102, strike "eliminating the summary of";
line 103, strike "the measure, and".
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee of the Whole: SB00-187
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee of the Whole: SB00-176
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee of the Whole: SB00-165
and Military
Affairs
State, After consideration on the merits, the committee recommends that SB00-045 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend printed bill, page 1, line 4, strike "Formalities." and substitute "Formalities and validity.".
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee on Appropriations: SB00-170
and Military
Affairs
State, After consideration on the merits, the committee recommends that SB00-168 be
Veterans, amended as follows and, as so amended, bereferred to the Committee on Appropriations
and Military with favorable recommendation:
Affairs
Amend printed bill, page 3, strike lines 10 and 11.
Renumber succeeding subparagraphs accordingly.
Page 3, line 12, strike "The" and substitute "Subchapter II of the";
line 13, strike "6901 to 6992k;" and substitute "6921 to 6939e;";
line 21, strike "includes" and substitute "includes, but is not limited to,";
line 22, after "rely", insert "solely".
Page 5, line 2, strike "are not safe";
line 3, strike "for unrestricted use," and substitute "have been determined to be safe for a specific use, but not all uses,";
line 7, strike "environment" and substitute "groundwater".
Page 6, line 3, strike "3." and substitute "3 but may only be enforced as provided in section 25-15-322. The creation of a hazardous substance easement does not trigger the application of any other requirements of this part 3.";
line 25, after "times", insert "with prior notice" and strike "purposes" and substitute "purpose".
Page 7, strike lines 10 through 16, and substitute the following:
"(3) Any person proposing to create, modify, or terminate a hazardous substance easement shall provide notice to all persons holding a property interest or secured interest in the land that is proposed for inclusion in the easement, and shall notify the department of the names and addresses of all persons to whom such notice was provided.";
line 21, strike "are not safe for";
line 22, strike "unrestricted use" and substitute "have been determined to be safe for a specific use, but not all uses,".
Page 8, strike lines 10 through 12, and substitute the following:
"(II) New information regarding the risks posed by the residual contamination;".
Page 9, strike lines 10 through 12, and substitute the following:
"(8) The department shall review and make a determination regarding all applications for creating, modifying, or terminating hazardous substance easements within sixty days after receipt.
(9) Any contract for the purchase and sale of real property that is subject to a hazardous substance easement shall contain the following disclosure in fifteen-point bold-faced type:
"This property is subject to a hazardous substance easement held by the Colorado department of public health and environment. This property has been remediated under an environmental law, but may contain some residual contamination or an engineered structure that requires maintenance or must not be disturbed. The easement either limits the use of the property or requires the owner to perform certain acts on the property. You may obtain a copy of the easement from the Colorado department of public health and environment. You may request that the department of public health and environment modify or terminate the easement pursuant to section 25-15-320, Colorado Revised Statutes."
(10) If the only uses allowed under the proposed easement are prohibited by existing zoning, the department shall condition any approval upon the applicant's demonstration that such applicant has obtained a change in the zoning that would allow for one or more of the proposed uses.".
Page 10, strike lines 8 through 14, and substitute the following:
"(3) In the event of an actual or threatened violation of a hazardous substance easement, the department may issue an order under this section requiring compliance with the terms of the easement and may request the attorney general to bring suit to enforce the terms of the easement, to enforce the order issued pursuant to this section, or to seek other appropriate injunctive relief.
(4) If a court of competent jurisdiction determines, for any reasonable cause, that a hazardous substance easement is void, the department may take such action as may be authorized by any other law.";
line 19, strike "Zoning overlay districts." and substitute "Coordination with affected local governments.";
line 20, strike ""local government"" and substitute ""affected local government"";
strike lines 21 through 26, and substitute the following:
"county, or city in which land subject to a hazardous substance easement is located.".
Page 11, line 1, strike "owner.";
strike lines 10 through 14, and substitute the following:
"(2) Whenever an affected local government receives an application affecting land use or development of land that is subject to a hazardous substance easement, the affected local government shall notify the department of the application. The";
line 15, strike "change" and substitute "application";
strike lines 18 through 20;
line 21, after "interests", insert "not".
Page 12, strike line 2, and substitute the following:
"25-15-326. Validation. (1) The provisions of subsection (2) of this section shall apply only to:
(a) Documents recorded prior to July 1, 2000, as part of an environmental remediation project; and
(b) Documents recorded in connection with a voluntary clean-up plan approved under section 25-16-306 or petition for a no action determination approved under section 25-16-307.
(2) Any document recorded by the";
line 3, strike "before July 1, 2000,".
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: SB00-038
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: SB00-167
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: SB00-157
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: SB00-155
and Military
Affairs
Health, After consideration on the merits, the committee recommends that SB00-143 be
Environment, amended as follows and, as so amended, be referred to the Committee of the Whole with
Welfare and favorable recommendation:
Institutions
Amend printed bill, page 2, after line 22, insert the following:
"(e) The provisions of this subsection (4) shall not apply to hospitals that receive a disproportionate share of federal moneys for the care and treatment of medically indigent persons.".
Reletter succeeding paragraphs accordingly.
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee on Appropriations: SB00-063
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee on Appropriations: SB00-128
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee on Appropriations: SB00-185
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that SB00-159 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 5, line 16, after the semicolon, insert "and";
strike lines 17 and 18.
Reletter succeeding paragraph accordingly.
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee on Appropriations: SB00-136
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that the following be
Environment, postponed indefinitely: SB00-041
Welfare and
Institutions
TRIBUTES--A POINT OF INTEREST
Honoring Pueblo Charter-Arts & Sciences School by Senator Thiebaut
Honoring Keating Keep School by Senator Thiebaut
Honoring Keating Continuing School by Senator Thiebaut
Honoring East High School by Senator Thiebaut
Honoring Central High School by Senator Thiebaut
Honoring Centennial High School by Senator Thiebaut
Honoring Youth & Family Academy Charter School by Senator Thiebaut
Honoring Roncalli Middle School by Senator Thiebaut
Honoring Lemuel Pitts Middle School by Senator Thiebaut
____________________________
On motion of Senator Chlouber, the Senate adjourned until 10:00 a.m., Monday,
February 14, 2000.
Approved:
Ray Powers
President of the Senate
Patricia K. Dicks
Secretary of the Senate
LC: