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
106th Legislative Day Wednesday, April 19, 2000
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Reverend Glen Hamlyn, Rocky Mountain Cathedral, Denver.
Roll Call Present--Total, 29.
Absent/Excused--Hernandez, Hillman, Lacy, Linkhart, Tanner, Wattenberg--Total, 6.
Present later--Hernandez, Hillman, Lacy, Linkhart, Tanner, Wattenberg.
Quorum The President announced a quorum present.
Reading of On motion of Senator Evans, reading of the Journal of Tuesday, April 18th was
Journal dispensed with and the Journal stands approved as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 00-228.
Services
Correctly enrolled: SB00-069, 087, 190.
MESSAGE FROM THE GOVERNOR
To the Honorable Senate
Sixty-second General Assembly
Second Regular Session
Denver, CO 80203
I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:
S. B. 00 - 035- Concerning A Requirement That Insurance Companies Comply With Investment Plans Approved By Their Boards Of Directors.
Approved April 18, 2000 at 12:05 p.m.
S. B. 00 - 144 - Concerning The Regulation Of Deferred Deposit Loans.
Approved April 18, 2000 at 12:03 p.m.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 4/18/00
P. Dicks, Secretary
Senate Journal-106th Day-April 19, 2000 Page 1
Page 1 Senate Journal-106th Day-April 19, 2000
APPOINTMENTS TO SECOND CONFERENCE COMMITTEE
SB 00-160 by Sen. Evans; Rep. Clapp--Local Control Over Hiring Administrators
The President appointed Senators Evans, Chairman, Hillman and Hernandez as Senate Conferees on the Second Conference Committee on SB00-160.
A majority of all members elected to the Senate having voted in the affirmative, the motion was declared ADOPTED.
______________________________
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 SJR00-012, SJR00-009 and SJR00-016.
______________________________
CONSIDERATION OF RESOLUTIONS
SJR 00-012 by Sen. Pascoe; Rep. Coleman--Million Mom March
On motion of Senator Pascoe, the Resolution was LOST by the following roll call vote:
| YES 14 |  | NO 20 | | EXCUSED 1 | | ABSENT 0 | |
| Anderson | N | Evans | N | Musgrave | N | Tanner | Y |
| Andrews | N | Feeley | Y | Nichol | N | Tebedo | N |
| Arnold | N | Hernandez | Y | Owen | N | Teck | N |
| Blickensderfer | N | Hillman | N | Pascoe | Y | Thiebaut | Y |
| Chlouber | N | Lacy | E | Perlmutter | Y | Wattenberg | N |
| Congrove | N | Lamborn | N | Phillips | Y | Weddig | Y |
| Dennis | N | Linkhart | Y | Reeves | Y | Wham | Y |
| Dyer | N | Martinez | Y | Rupert | Y | Mr. President | N |
| Epps | N | Matsunaka | Y | Sullivant | N | | |
SJR 00-009 by Sen. Chlouber; Rep. Spradley--Keep Shattuck Out of Fremont County
Amendment No. 1, by Senator Chlouber
Amend printed resolution, page 2, strike line 1 and substitute "WHEREAS, Certain";
line 2, strike "one of those off-site";
line 3, after "alternative", insert "are located in Fremont County";
line 5, strike "the Cotter Corporation mill," and substitute "located in Fremont County,";
line 19, strike "to the Cotter Corporation mill," and substitute "in or near Canon City,".
Page 3, line 11, strike "at the Cotter Corporation";
line 12, strike "mill facility or elsewhere", and substitute "anywhere".
Amendment No. 2, by Senator Chlouber
Amend printed resolution, page 2, line 26, strike "environment associated with past" and substitute "environment; and"
strike lines 27 and 28.
On motion of Senator Chlouber, the Resolution, as amended, was ADOPTED by the following roll call vote:
| YES 34 | | NO 1 | | EXCUSED 0 | | ABSENT 0 | |
| Anderson | N | Evans | Y | 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 | Y | Perlmutter | Y | Wattenberg | Y |
| Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
| Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | Y | Sullivant | Y | | |
SJR 00-016 by Sen. Feeley; Rep. Veiga--Spirit of Mothers Day Resolution
On motion of Senator Feeley, the Resolution was ADOPTED by the following roll call
vote:
| YES 35 | | NO 0 | | EXCUSED 0 | | ABSENT 0 | |
| Anderson | Y | Evans | Y | 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 | Y | Perlmutter | Y | Wattenberg | Y |
| Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
| Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | Y | Sullivant | Y | | |
Co-sponsors added: Anderson, Andrews, Arnold, Blickensderfer, Chlouber, Congrove, Dennis, Dyer, Epps, Evans, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.
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:
SB 00-199 by Sen. Blickensderfer; Rep. Scott--Use Excess State Revenues For Monorail
Call of Call of Senate.
Senate
The question being "Shall the bill pass?" the roll was called with the following result:
| YES 18 | | NO 17 | | EXCUSED 0 | | ABSENT 0 | |
| Anderson | N | Evans | N | Musgrave | N | Tanner | Y |
| Andrews | N | Feeley | Y | Nichol | N | Tebedo | N |
| Arnold | N | Hernandez | N | Owen | N | Teck | Y |
| Blickensderfer | Y | Hillman | N | Pascoe | Y | Thiebaut | N |
| Chlouber | N | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
| Congrove | N | Lamborn | N | Phillips | Y | Weddig | Y |
| Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
| Dyer | Y | Martinez | N | Rupert | Y | Mr. President | N |
| Epps | N | Matsunaka | Y | Sullivant | Y | | |
IMMEDIATE RECONSIDERATION OF SB00-199
SB 00-199 by Sen. Blickensderfer; Rep. Scott--Use Excess State Revenues For Monorail
Having voted on the prevailing side, Senator Blickensderfer moved for immediate
reconsideration of SB00-199.
Immediate reconsideration was denied by the following roll call vote:
| YES 17 | | NO 18 | | EXCUSED 0 | | ABSENT 0 | |
| Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
| Andrews | Y | Feeley | N | Nichol | Y | Tebedo | Y |
| Arnold | Y | Hernandez | Y | Owen | Y | Teck | N |
| Blickensderfer | N | Hillman | Y | Pascoe | N | Thiebaut | Y |
| Chlouber | Y | Lacy | N | Perlmutter | N | Wattenberg | N |
| Congrove | Y | Lamborn | Y | Phillips | N | Weddig | N |
| Dennis | N | Linkhart | N | Reeves | N | Wham | N |
| Dyer | N | Martinez | Y | Rupert | N | Mr. President | Y |
| Epps | Y | Matsunaka | N | Sullivant | N | | |
______________________________
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 Wednesday, April 19, was laid over until Monday, April 24, retaining its place on the calendar.
______________________________
COMMITTEE OF REFERENCE REPORTS
Local After consideration on the merits, the committee recommends that HB00-1437 be
Government amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 3, line 19, strike "THE FOLLOWING NEW PARAGRAPHS," and substitute "A NEW PARAGRAPH,".
Page 6, line 7, strike "three quarters of" and substitute "of".
Page 7, line 3, strike "three quarters of" and substitute "of";
strike lines 24 through 26.
Page 8, strike lines 1 through 19.
Local After consideration on the merits, the committee recommends that the following be
Government referred favorably to the Committee on Appropriations: HB00-1427
Local After consideration on the merits, the committee recommends that SB00-222 be
Government amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 1, line 6, after "project" insert "foundation";
line 9, strike "4.53%" and substitute "18.12%".
Finance After consideration on the merits, the committee recommends that HB00-1355 be
amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 3, after line 26, insert the following:
"(2) "Commission" means the Colorado commission on higher education created pursuant to section 23-1-102.".
Renumber succeeding subsections accordingly.
Page 4, strike lines 14 through 22 and substitute the following:
"(7) "Institution of higher education" means an educational institution that provides:
(a) An educational program for which it awards at least the standard bachelor's degree or not less than a two-year educational program that is acceptable for full credit toward such a degree and that is accredited by a regionally or nationally recognized accrediting agency or association; or
(b) Not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and, if a private occupational school, holds a certificate of approval from the private occupational school division in accordance with the provisions of article 59 of title 12, C.R.S.".
Page 5, after line 3, insert the following:
"(2) The commission, in consultation with the advisory committee, shall determine the eligibility requirements for high technology scholarships awarded under the Colorado high technology scholarship program.".
Renumber succeeding subsections accordingly.
Page 6, line 4, strike "in the discretion of the advisory committee." and substitute "by the department of higher education consistent with the guidelines adopted by the advisory committee pursuant to section 23-17-105 and any limitations imposed by an individual or entity making contributions to the Colorado high technology scholarship program pursuant to section 23-17-104.".
Page 7, strike lines 6 through 11 and substitute the following:
"establish general guidelines to be used by the department of higher education in awarding scholarships pursuant to section 23-17-103. The advisory";
strike lines 13 through 15 and substitute the following:
"appointed by the governor, with the consent of the senate, one of whom shall be the chief technology officer of the office of innovation and technology, or his or her designee, and one of whom shall be the executive director, or his or her designee.".
Page 9, line 23, strike "twenty" and substitute "twenty-five".
Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB00-1350
Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB00-1162
Finance After consideration on the merits, the committee recommends that HB00-1257 be
amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Finance After consideration on the merits, the committee recommends that HB00-1361 be
amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 9, line 11, strike "A NEW SECTION" and substitute "THE FOLLOWING NEW SECTIONS".
Page 14, after line 13, insert the following:
"39-22-524. Legislative declaration - refund of state excess revenues - contributions to nonprofit educational assistance organizations - definitions - nonseverability. (1) (a) The general assembly hereby finds and declares that:
(I) The individual development of young people is critical to their future success and that of the state;
(II) Each child is unique and learns differently from other children and many children are likely to benefit from expanded educational opportunities;
(III) The dropout rate concerns this state and it is in the interest of all Coloradans for the state to take steps to reduce the dropout rate; and
(IV) The credit against state income tax for contributions to nonprofit educational assistance organizations authorized by this section will increase contributions to eligible schools, will expand the educational opportunities available to children of families that have limited financial resources, and will increase the academic achievements of the children of Colorado.
(b) The general assembly further finds and declares that:
(I) The freedom of religion of all persons is inviolate and that this section shall not be construed to authorize governmental involvement in or entanglement with the religious instruction of a nonpublic school; and
(II) With respect to a nonpublic school, nothing in this section shall be construed to give any governmental entity authority to regulate, control, supervise, or otherwise be involved in:
(A) The form, manner, or content of religious instruction, ministry, teaching, or curriculum offered by the nonpublic school;
(B) The ability of the nonpublic school to select and supervise qualified personnel and otherwise control the terms of employment, including the right to employ only those individuals who share the religious views of the school;
(C) The internal self-governance and autonomy of the nonpublic school; or
(D) The religious environment of the nonpublic school, such as symbols, art, icons, and scripture.
(2) Subject to the provisions of subsection (6) of this section, for any income tax year commencing on or after January 1, 2000, if, based on the financial report prepared by the controller in accordance with section 24-77-106.5, C.R.S., the controller certifies that the amount of state revenues for the state fiscal year ending in that income tax year exceeds the limitation on state fiscal year spending imposed by section 20 (7) (a) of article X of the state constitution and the voters statewide either have not authorized the state to retain and spend all of the excess state revenues or have authorized the state to retain and spend only a portion of the excess state revenues for that fiscal year, there shall be allowed to any taxpayer that makes a qualifying contribution to a nonprofit educational assistance organization a credit against the tax imposed by this article in an amount equal to twenty-five percent of the aggregate amount of the taxpayer's contributions made during the income tax year for which the credit is claimed; except that in no event shall the aggregate amount of the credit claimed by all taxpayers pursuant to this section exceed five million dollars in any state fiscal year and the amount of the credit allowed to each taxpayer shall be prorated if the total amount of qualifying contributions made during any income tax year exceeds twenty million dollars.
(3) A nonprofit educational assistance organization that receives a contribution shall provide a receipt to the taxpayer making the contribution. Such receipt shall include the name of the nonprofit educational assistance organization, the name of the taxpayer, the amount of the contribution, and such additional information as the department of revenue may require by rules promulgated in accordance with article 4 of title 24, C.R.S.
(4) For purposes of this section:
(a) "Eligible school" means a public or nonpublic elementary or secondary school located within Colorado.
(b) (I) "Nonprofit educational assistance organization" means a charitable organization that:
(A) Is located in Colorado;
(B) Is exempt from federal income taxes pursuant to section 501 (c) (3) of the internal revenue code;
(C) Allocates a minimum of ninety percent of its annual revenues for the purposes specified in sub-subparagraphs (D) and (F) of this subparagraph (I);
(D) Allocates at least fifty percent of all qualifying contributions it receives during any given state fiscal year for the purpose of providing scholarships to any qualifying student who attends an eligible school and whose family's annual household income for the calendar year preceding the year in which a scholarship is to be awarded does not exceed eighty percent of the state median income and demonstrates a pattern of giving priority in awarding scholarships to those students who demonstrate the greatest need for such scholarships. For purposes of this sub-subparagraph (D), "qualifying student" means a student who was counted as a full-time equivalent pupil during the previous state fiscal year for purposes of state per pupil funding obligations or had been counted as a full-time equivalent pupil during a state fiscal year that preceded the previous state fiscal year and had received a scholarship from the nonprofit educational assistance organization during the previous state fiscal year. The term does not include a student who is counted towards state per pupil funding obligations for the state fiscal year in which the nonprofit educational assistance organization is providing a scholarship. Any qualifying contributions not required to be allocated in accordance with this sub-subparagraph (D) may be used to provide scholarships for nonqualifying students who attend eligible schools or may be used for the purposes set forth in sub-subparagraph (F) of this subparagraph (I). A nonprofit educational assistance organization may provide up to ten percent of its scholarships to qualifying students who are dropouts as defined in section 22-2-114.1 (3) (a), C.R.S., and who dropped out of a public school.
(E) Does not provide any scholarship to any student for a single school year that exceeds eighty percent of the state's share of the total program of all school districts determined pursuant to section 22-54-106, C.R.S., divided by the funded pupil count, as defined by section 22-54-103 (7), C.R.S., for all school districts in the state for the school year in which the scholarship is awarded; except that the nonprofit educational assistance organization may award scholarships to children with disabilities, as defined in section 22-20-103 (1.5), C.R.S., in any amount that does not exceed three hundred percent of the state's share of the total program of all school districts determined pursuant to section 22-54-106, C.R.S., divided by the funded pupil count, as defined by section 22-54-103 (7), C.R.S., for all school districts in the state for the school year in which the scholarship is awarded; and except that scholarships may be awarded in amounts in excess of said eighty percent limitation if the increased amount of any such scholarship is offset by a reduction in the monetary amount of the scholarships provided by the nonprofit educational assistance organization to nonqualifying students; and
(F) A nonprofit educational assistance organization may allocate any qualifying contributions it receives during any given state fiscal year that are not required to be allocated pursuant to sub-subparagraph (D) of this subparagraph (I) to directly assist any student who attends a public eligible school in defraying the costs of private instructional assistance, including any related private educational supplies and materials, and inter-district transportation to and from any school to the extent that such transportation is not paid for by a school district or the state.
(II) "Nonprofit educational assistance organization" does not include an organization that only provides scholarships to students of a particular school.
(c) "Qualifying contribution" means a donation of money and does not include a payment for tuition, activity fees, or other educational expenses of the taxpayer making the payment, a spouse or dependent of such taxpayer, or any individual student identified by name by such taxpayer as the intended beneficiary of the payment.
(5) Notwithstanding any other provision of this section, a taxpayer is entitled to the credit allowed pursuant to subsection (2) of this section only if:
(a) The contribution is made by the taxpayer under the restriction that it shall be used only for the purposes set forth in subparagraphs (D) and (F) of subparagraph (I) of paragraph (b) of subsection (4) of this section; and
(b) The taxpayer does not designate a specific student as the beneficiary of the contribution.
(6) Any income tax credit allowed for any given taxable year pursuant to this section shall be published in rules promulgated by the executive director of the department of revenue in accordance with article 4 of title 24, C.R.S., and shall be included in income tax forms for that taxable year.
(7) (a) If, based on the financial report prepared by the controller in accordance with section 24-77-106.5, C.R.S., the controller certifies that the amount of state revenues for the state fiscal year commencing on July 1, 1999, exceeds the limitation on state fiscal year spending imposed by section 20 (7) (a) of article X of the state constitution for that fiscal year by less than million dollars, then the credit authorized by subsection (2) of this section shall not be allowed for the income tax year commencing on January 1, 2000.
(b) If, based on the financial report prepared by the controller in accordance with section 24-77-106.5, C.R.S., the controller certifies that the amount of state revenues for any state fiscal year commencing on or after July 1, 2000, exceeds the limitation on state fiscal year spending imposed by section 20 (7) (a) of article X of the state constitution for that fiscal year by less than million dollars, as adjusted pursuant to paragraph (c) of this subsection (7), then the credit authorized by subsection (2) of this section shall not be allowed for the income tax year in which said state fiscal year ended.
(c) (I) No later than October 1 of any given calendar year commencing on or after January 1, 2001, the executive director shall annually adjust the dollar amount specified in paragraph (b) of this subsection (7) to reflect the rate of growth of Colorado personal income for the calendar year immediately preceding the calendar year in which such adjustment is made. For purposes of this subparagraph (I), "the rate of growth of Colorado personal income" means the percentage change between the most recent published annual estimate of total personal income for Colorado, as defined and officially reported by the bureau of economic analysis in the United States department of commerce for the calendar year immediately preceding the calendar year in which the adjustment is made and the most recent published annual estimate of total personal income for Colorado, as defined and officially reported by the bureau of economic analysis in the United States department of commerce for the calendar year prior to the calendar year immediately preceding the calendar year in which the adjustment is made.
(II) Upon calculating the adjustment of said dollar amount in accordance with subparagraph (I) of this paragraph (c), the executive director shall notify in writing the executive committee of the legislative council created pursuant to section 2-3-301 (1), C.R.S., of the adjusted dollar amount and the basis for the adjustment. Such written notification shall be given within five working days after such calculation is completed, but such written notification shall be given no later than October 1 of the calendar year.
(III) It is the function of the executive committee of the legislative council to review and approve or disapprove such adjustment of said dollar amount within twenty days after receipt of such written notification from the executive director. Any adjustment that is not approved or disapproved by the executive committee within said twenty days shall be automatically approved; except that, if within said twenty days the executive committee schedules a hearing on such adjustment, such automatic approval shall not occur unless the executive committee does not approve or disapprove such adjustment after the conclusion of such hearing. Any hearing conducted by the executive committee pursuant to this subparagraph (III) shall be concluded no later than twenty-five days after receipt of such written notification from the executive director.
(IV) (A) If the executive committee of the legislative council disapproves any adjustment of said dollar amount calculated by the executive director pursuant to this paragraph (c), the executive committee shall specify such adjusted dollar amount to be utilized by the executive director. Any adjusted dollar amount specified by the executive committee pursuant to this sub-subparagraph (A) shall be calculated in accordance with the provisions of this paragraph (c).
(B) For the purpose of determining whether the credit authorized by subsection (2) of this section is to be allowed for any given income tax year, the executive director shall not utilize any adjusted dollar amount that has not been approved pursuant to subparagraph (III) of this paragraph (c) or otherwise specified pursuant to sub-subparagraph (A) of this subparagraph (IV).
(V) If one or more ballot questions are submitted to the voters at a statewide election to be held in November of any calendar year commencing on or after January 1, 2000, that seek authorization for the state to retain and spend all or any portion of the amount of excess state revenues for the state fiscal year ending during said calendar year, the executive director shall not determine whether the credit authorized by subsection (2) of this section shall be allowed and shall not promulgate rules containing said credit until the impact of the results of said election on the amount of the excess state revenues to be refunded is ascertained.
(8) The general assembly finds and declares that a credit for contributions to nonprofit educational assistance organizations is a reasonable method of refunding a portion of the state excess revenues required to be refunded in accordance with section 20 (7) (d) of article X of the state constitution.
(9) If the credit allowed pursuant to subsection (2) of this section exceeds the income taxes due on the taxpayer's income, the amount of the credit not used to offset income taxes shall not be allowed as a refund and shall be carried forward for a period of up to five years as a credit against subsequent years' income tax liability.
(10) If sub-subparagraph (D) of subparagraph (I) of paragraph (b) of subsection (4) of this section is held invalid, such invalidity shall invalidate this section in its entirety, and to this end said sub-subparagraph (D) and the other provisions of this section are declared to be nonseverable.".
Finance After consideration on the merits, the committee recommends that HB00-1140 be
amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 1, strike lines 2 through 9 and substitute the following:
"SECTION 1. 42-3-107 (1) and (14), Colorado Revised Statutes, are amended to read:
42-3-107. Taxable value of classes of property - rate of tax - when and where payable - department duties - apportionment of tax collections. (1) (a) (I) The taxable value of every item of Class A or Class B personal property shall be seventy-five percent of the manufacturer's suggested retail price, said the actual purchase price of such property. Such price not to shall not include any applicable federal excise tax, transportation or shipping costs, or preparation and delivery costs.
(II) For the purposes of this section, the actual purchase price used to set taxable value shall be the price of the vehicle when the vehicle is initially purchased at the retail level by a person who intends to put the vehicle into initial use. The taxable value shall not change for the life of the vehicle.
(III) For the purposes of this section, "actual purchase price" means the gross selling price, including all property traded to the seller in exchange for credit toward the purchase of a vehicle.
(b) Every licensed motor vehicle dealer in the state of Colorado shall furnish on the application for title the manufacturer's suggested retail price and the actual purchase price on each new motor vehicle sold and delivered in the state of Colorado.
(c) If any motor vehicle purchased outside of the state of Colorado is being registered for the first time in the state of Colorado and neither the manufacturer's suggested retail price nor the actual purchase price is not available, the agent of the department shall establish the taxable value of such vehicle through the use of a compilation of values furnished by the department.
(d) The computation of taxable values as set forth in this subsection (1) shall become effective on any motor vehicle sold on or after September 1, 1981, and shall not apply to any motor vehicle sold or registered prior to that date.
(14) The department shall designate suitable compilations of the manufacturer's suggested retail price of all items of Class A, Class B, Class C and Class D personal property and the average actual purchase prices of all items of Class A and Class B personal property, and shall provide each authorized agent with copies thereof. Such compilation shall be uniformly used to compute the annual specific ownership tax payable on any item of such classified personal property purchased outside the state of Colorado and being registered for the first time in the state of Colorado unless the actual purchase price is used as the taxable value. Such actual purchase price shall not be used unless the department receives or has received a manufacturer's statement or certificate of origin for such vehicle. The department shall further provide continuing supplements of such compilation to each authorized agent in order that the agent may have available current information relative to the manufacturer's suggested retail price of newly manufactured items.".
Page 2, strike lines 1 and 2;
strike lines 16 through 20.
Page 3, strike line 6 through 8.
Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB00-1171
Finance After consideration on the merits, the committee recommends that the following be postponed indefinitely: HB00-1101
Trans- After consideration on the merits, the committee recommends that the following be
portation referred favorably to the Committee on Appropriations: SB00-226
Trans- After consideration on the merits, the committee recommends that SB00-225 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 3, line 11, strike "goodwill and";
strike lines 19 and 20, and substitute "pursuant to this part 5. For purposes of this".
Trans- After consideration on the merits, the committee recommends that the following be
portation referred favorably to the Senate for final action: SJR00-014
Trans- After consideration on the merits, the committee recommends that the following be
portation referred favorably to the Senate for final action: SJR00-017
Trans- After consideration on the merits, the committee recommends that the following be
portation postponed indefinitely: SB00-224
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee on Appropriations: HB00-1246
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: HB00-1434
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: SB00-079
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: HB00-1444
and Military
Affairs
MESSAGES FROM THE HOUSE
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB00-1470.
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB00- 1473, amended as printed in House Journal, April 17, page 1598.
The House has voted to authorize the House conferees on the First Conference Committee on SB00-154 to consider matters not at issue between the two houses.
April 19, 2000
Mr. President:
The House has postponed indefinitely SCR00-006. The bill is returned herewith.
MESSAGE FROM THE REVISOR
April 19, 2000
We herewith transmit:
without comment, HB00-1470, and;
without comment, as amended, HB00-1473.
SENATE SERVICES REPORT
Senate Correctly engrossed: SJR 00-009, 016.
Services
COMMITTEE OF REFERENCE REPORTS
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:
MEMBERS
STATE BOARD FOR COMMUNITY COLLEGES
AND OCCUPATIONAL EDUCATION
for a term expiring July 1, 2000:
William T. Martin to serve as a representative of the Fifth Congressional District and as a Republican to fill the vacancy occasioned by the resignation of James Stewart.
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:
COLORADO COMMISSION ON
HIGHER EDUCATION
for a term expiring July 1, 2000:
James M. Stewart of Colorado Springs, Colorado, to serve as a representative of the Fifth Congressional District, and as a Republican, appointed.
Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB00-1136
Education After consideration on the merits, the committee recommends that the following be postponed indefinitely: SJR00-030
Business The Committee on Business Affairs and Labor has had under consideration and has had a
Affairs hearing on the following appointments and recommends that the appointments be
and Labor confirmed:
HAZARDOUS WASTE COMMISSION
for terms expiring August 1, 2000:
Len Kay Wilson of Denver, Colorado, to serve as a representative of local government and as a Republican, appointed;
Ann C. Umphres of Golden, Colorado, to serve as a member of the public and as a Democrat, continued.
Business The Committee on Business Affairs and Labor has had under consideration and has had a
Affairs hearing on the following appointments and recommends that the appointments be
and Labor confirmed:
HAZARDOUS WASTE COMMISSION
for terms expiring August 1, 2002:
Kenneth D. Blehm of Greeley, Colorado, to serve as a representative from the academic community and as a Republican, appointed;
Diane M. Johnson of Arvada, Colorado, to serve as a representative of the regulated community and as a Democrat, appointed;
Jeannie S. Wilson of Arvada, Colorado, to serve as a member of the public and as an Unaffiliated, appointed.
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee on Appropriations: SB00-219
and Labor
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural referred favorably to the Committee of the Whole: HB00-1474
Resources
and Energy
Agriculture, After consideration on the merits, the committee recommends that HB00-1460 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 7, line 14, strike "2" and substitute "1";
line 15, after the period, add "The employees of the state soil conservation board appointed pursuant to section 35-70-103 (5) (g), C.R.S., are transferred to the department of agriculture by a type 2 transfer.".
Agriculture, After consideration on the merits, the committee recommends that HB00-1448 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 4, strike "250.00 450.00" and substitute "250.00";
line 9, strike "250.00 450.00" and substitute "250.00".
Agriculture, After consideration on the merits, the committee recommends that HB00-1431 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 20, line 6, after "(2)", insert "(a)";
after line 15, insert the following:
"(b) Notwithstanding the provisions of paragraph (a) of this subsection (2), a sedimentary pond maintained in accordance with a permit issued by the division of minerals and geology that does not require a permit issued by the water quality control division of the department of public health shall not require the supervision of a certified operator.".
Agriculture, After consideration on the merits, the committee recommends that HB00-1071 be
Natural amended as follows and, as so amended, be referred to the Committee on Appropriations
Resources with favorable recommendation:
and Energy
Amend the reengrossed bill, page 2, strike lines 7 through 17 and substitute the following:
"(2) The amount paid by the division of wildlife in the department of natural resources for the Circle Ranch parcel shall be the contracted sale price so long as a second appraisal is performed and such appraisal is within five percent of the first appraisal. If the second appraisal is not within five percent of the first appraisal then a third appraisal shall be performed and the sale price shall be no more than the average of the three appraisals.".
Page 3, line 22, strike "$200,000" and substitute "one million dollars ($1,000,000)".
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural referred favorably to the Committee on Appropriations: HB00-1429
Resources
and Energy
Health, After consideration on the merits, the committee recommends that HB00-1389 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
Amend reengrossed bill, page 2, line 1, after "criteria", insert "-repeal".
Page 5, after line 17, insert the following:
"(8) The executive director of the state department shall provide written notice to the revisor of statutes of the final termination date of the waiver, and this section shall be repealed, effective July 1 two years after the issuance of the federal waiver.".
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee on Appropriations: HB00-1072
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee on Appropriations: HB00-1305
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee on Appropriations: HB00-1023
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee on Appropriations: HB00-1432
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that SB00-200 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 4, strike lines 1 and 2 and substitute the following:
"(II) Family Preservation/Family Support Programs;
(III) Family Development Centers: and
(IV) Division of Youth Corrections;".
Business After consideration on the merits, the committee recommends that HB00-1395 be
Affairs amended as follows and, as so amended, be referred to the Committee on Appropriations
and Labor with favorable recommendation:
Amend reengrossed bill, page 4, line 7, after "providers;", insert "pharmaceutical researchers and manufacturers;".
page 5, strike lines 10 through 26.
Page 6, strike lines 1 through 3 and substitute the following:
"(a) Identify the types of personal information about individuals that is now being collected by the state and by political subdivisions of the state and how such information, once collected, is used;
(b) Identify how the state and its political subdivisions disseminate personal information about individuals, including but not limited to the selling or giving of such information to commercial enterprises;
(c) Identify, in state law and administrative rules, existing protections against unwarranted disclosure of personal information about individuals and recommend legislation or rule changes to enhance such protections;
(d) Assess the impact of evolving technologies on the collection, dissemination, and use of personal data by state government and private entities;
(e) Identify the benefits and detriments of information sharing by and among entities that collect, store, and disseminate information relating to individuals and businesses;
(f) Ascertain the proper role of state government in the context of federal law and rules in establishing statutory and regulatory privacy protections;
(g) Examine state statutes and rules that prohibit, require, or permit sharing of personal information among private nonprofit and for-profit entities, including, without limitation, entities in the health care and financial services industries;
(h) Educate and inform the public, focus public debate, and suggest personal privacy safeguards;
(I) Recommend steps to ensure that personal information transmitted to, by, or from state agencies in electronic format is adequately encrypted and secured to protect individuals' privacy; and
(j) Recommend legislation or changes in administrative policy governing the collection, storage, and transfer of data among and within the following:
(I) The state and its political subdivisions;
(II) Private corporations and other private entities organized for profit; and
(III) Private nonprofit entities.".
Business After consideration on the merits, the committee recommends that HB00-1183 be
Affairs amended as follows and, as so amended, be referred to the Committee on Appropriations
and Labor with favorable recommendation:
Amend reengrossed bill, page 4, strike lines 22 through 24 and substitute the following:
"C.R.S.".
Page 5, line 17, after "members", insert "who are licensed physicians";
strike lines 19 through 21 and substitute the following:
"one by the president of the senate. Both nonvoting".
Page 6, line 21, after "three", insert "voting";
line 24, after "the", insert "voting".
Page 8, line 11, strike "commissioners" and substitute "commissions";
strike line 15 and substitute the following:
"to the record-keeping database provider approved by the association of boxing commissions.";
strike lines 19 through 21 and substitute the following:
"supervision of the executive director.";
strike lines 23 and 24;
line 25, strike "(b)" and substitute "(a)".
Page 9, line 2, strike "(c)" and substitute "(b)".
Page 11, line 2, strike "(1)";
line 3, after "commission,", insert "and";
strike lines 4 through 6 and substitute the following:
"the commission";
strike lines 18 through 22.
Page 12, line 4, strike "it" and substitute "It";
strike line 6 and substitute the following:
"be funded by fees and such".
Page 14, strike line 26 and substitute the following:
"boxing, appointed pursuant to section 12-10-107, C.R.S.".
Page 15, strike line 6 and substitute the following:
"2000, the sum of ninety thousand four hundred ninety-four dollars";
line 7, strike "($54, 274)," and substitute "($90,494),".
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: SB00-227
and Labor
Business After consideration on the merits, the committee recommends that HB00-1465 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend reengrossed bill, page 2, line 14, strike "(1) (h), (1) (i), and (1) (j)," and substitute "(1) (h) and (1) (i),".
Page 3, line 12, strike "paragraphs (i) and (j)" and substitute "paragraph (i)".
Page 4, line 16, strike "paragraphs (h) and" and substitute "paragraph (h)";
line 17, strike "(j)";
Page 5, strike lines 5 through 12.
Page 8, line 10, after "assets" insert "under this paragraph (b)".
Business After consideration on the merits, the committee recommends that HB00-1456 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend reengrossed bill, page 2, line 2, after "insured", insert "by endorsement";
strike lines 6 through 12 and substitute the following:
"Such notice shall include a statement confirming or denying coverage of the claim and, if coverage is denied, the reasons for denying coverage of the claim or any portion of the claim. In the event coverage has not been determined, a copy of the reservation of rights letter shall constitute sufficient notice.";
line 13, after "insured", insert "by endorsement on a general liability policy".
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee on Appropriations: HB00-1100
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: HB00-1467
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: HB00-1168
and Military
Affairs
State, After consideration on the merits, the committee recommends that HB00-1433 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 5, after line 8, insert the following:
"SECTION 4. 11-10-105, Colorado Revised Statutes, is amended to read:
11-10-105. Definitions. As used in this article, unless the context otherwise requires:
(4) "Company" means a Colorado bank or Colorado trust company that is authorized by the division of banking or the comptroller of the currency to conduct fiduciary business in Colorado.".
Renumber succeeding section accordingly.
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee of the Whole: SCR00-010
and Military
Affairs
Judiciary After consideration on the merits, the committee recommends that HB00-1133 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 34, line 14, after "17-22.5-404", insert "(5),";
strike line 16 and substitute the following:
"17-22.5-404. Parole guidelines. (5) The division of adult services shall develop a form incorporating the guidelines set forth in subsections (2), (3), and (4) of this section, which form shall be used by the members of the board when considering each application for parole. Such form shall be accompanied by the parolee's arrest record. Such form shall be made available to any member of the public who requests it.
(6) (b) In addition to the".
Page 46, after line 13, insert the following:
"SECTION 59. The introductory portion to 16-16-103 (2) and 16-16-103 (3) (a), Colorado Revised Statutes, are amended to read:
16-16-103. Place of confinement - extension of limits. (2) The superintendents, in the exercise of their discretion and with the assistance of the director of the division of adult services parole, may extend the limits of confinement of any inmate in the following instances:
(3) (a) Any inmate who is allowed to participate in such paid employment or in such job training for which a subsistence allowance is paid in connection with the job training shall pay over to the respective superintendent or the director of the division of adult services parole all moneys received from such paid employment or job training; except that the inmate may retain that part of the moneys so received which the superintendent or the director of the division of adult services deems necessary for expenses connected with the employment or job training. These expenses shall include, but not be limited to, travel expenses, food expenses, clothing, tools, and safety equipment.
SECTION 60. 17-22.5-202 (1), Colorado Revised Statutes, is amended to read:
17-22.5-202. Ticket to leave - discharge - clothes, money, transportation. (1) Ten days prior to the date on which any inmate confined in a correctional facility is entitled to be discharged or to be paroled from said correctional facility, the executive director or the executive director's designee shall give such inmate a ticket of leave therefrom, which shall entitle the inmate to depart from said correctional facility. The executive director or the executive director's designee shall at the same time furnish such inmate with suitable clothing and may furnish transportation, at the expense of the state, from the place at which said correctional facility is located to the place of the inmate's residence in Colorado, or any other place in Colorado. The executive director or the executive director's designee shall also furnish to any inmate being discharged, other than a parolee, one hundred dollars. The executive director or the executive director's designee may furnish any inmate being released on parole a reasonable sum of money not to exceed one hundred dollars; except that, if the executive director or the executive director's designee furnishes less than one hundred dollars, the difference between one hundred dollars and the amount furnished shall be credited to an account for such parolee. Notwithstanding any other provision of this subsection (1), if the inmate has previously been returned to custody in a correctional facility after being paroled and before the completion of his or her period of parole and previously received such sum of money, the executive director or the executive director's designee shall not furnish a sum of money to the inmate. The executive director or the executive director's designee shall certify any amount so credited to the division of adult services parole, and any such amount shall be distributed to an inmate in accordance with rules promulgated by the department.
SECTION 61. 27-22.5-303 (1), (2), (4), and (7), Colorado Revised Statutes, are amended to read:
17-22.5-303. Parole. (1) As to any person sentenced for a class 2, class 3, class 4, or class 5 felony committed on or after July 1, 1979, but before July 1, 1981, the division of adult services parole shall provide a one-year period of parole supervision and assistance in securing employment, housing, and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety; except that the state board of parole may discharge an offender at any time during the year upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. The conditions of parole for any such person shall be established by the state board of parole prior to his release from incarceration. Upon a determination that the conditions of parole have been violated in any parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, or revoke the parole and order the return of the offender to the institution in which he was originally received for a period of not more than six months. For second and subsequent revocations of parole, the offender shall be reincarcerated; but in no event shall any such person spend more than one year under parole supervision and reincarceration as provided in this section. The good time deduction authorized by section 17-22.5-301 shall apply to periods of reincarceration provided for in this section.
(2) As to any person sentenced for a class 2, class 3, class 4, or class 5 felony committed on or after July 1, 1981, and before July 1, 1984, the division of adult services parole shall provide a one-year period of parole supervision and assistance in securing employment, housing, and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety; except that the state board of parole may discharge an offender at any time during the year upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. The conditions of parole for any such person shall be subject to section 17-2-201 (5) (b) and (5) (c) prior to his release from incarceration; but in no event shall any such person whose initial parole has not been revoked spend more than one year under parole supervision, as provided in this section. Upon a determination that the conditions of parole have been violated in any such parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, or revoke the parole and order the return of the offender to the institution in which he was originally received for a period of not more than two years; but in no event shall any period of reincarceration, subsequent term of parole, and sentence actually served exceed the sentence imposed pursuant to section 18-1-105, C.R.S. The good time deduction authorized by section 17-22.5-301 shall apply to periods of reincarceration provided for in this section.
(4) As to any person sentenced for a class 2, class 3, class 4, or class 5 felony committed on or after July 1, 1984, but before July 1, 1985, the division of adult services parole shall either release an offender on his parole eligibility date, pursuant to the determination made by the state board of parole, or shall provide up to three years of parole for any offender who is determined by the state board of parole to present a high risk to the general population upon release from incarceration. For persons who are provided parole, the division of adult services parole shall provide a period of up to three years of parole supervision and assistance in securing employment, housing, and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety. The conditions for parole for any such offender under this subsection (4) shall be established pursuant to section 17-2-201 (5) (b) and (5) (c) by the state board of parole prior to his release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, or revoke the parole and order the return of the offender to the institution in which he was originally received for a period of not more than five years. In no event shall any period of reincarceration, subsequent term of parole, and sentence actually served exceed the sentence imposed pursuant to section 18-1-105, C.R.S. The state board of parole may discharge an offender granted parole under this section at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. The good time deduction authorized by section 17-22.5-301 shall apply to periods of reincarceration provided for in this section.
(7) For persons who are granted parole pursuant to subsection (6) of this section, the division of adult services parole shall provide a period of up to five years of parole supervision and assistance in securing employment, housing, and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety. The conditions for parole for any such offender under this subsection (7) shall be established pursuant to section 17-22.5-404 by the state board of parole prior to such offender's release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, which circumstances shall be set forth in writing, or revoke the parole and order the return of the offender to a place of confinement designated by the executive director for a period of not more than five years. In computing the period of reincarceration for an offender other than an offender sentenced for a nonviolent felony offense, as defined in section 17-22.5-405 (5), the time between the offender's release on parole and the revocation of such parole shall not be considered to be any part of the term of the sentence. In no event shall any period of reincarceration and sentence actually served exceed the sentence imposed pursuant to section 18-1-105, C.R.S. The state board of parole may discharge an offender granted parole under this section at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision.
SECTION 62. 17-22.5-403 (6), (8), and (9) (c), Colorado Revised Statutes, are amended to read:
17-22.5-403. Parole eligibility. (6) For persons who are granted parole pursuant to subsection (5) of this section, the division of adult services parole shall provide parole supervision and assistance in securing employment, housing, and such other services as may affect the successful reintegration of such offender into the community while recognizing the need for public safety. The conditions for parole for any such offender under this subsection (6) shall be established pursuant to section 17-22.5-404 by the state board of parole prior to such offender's release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, which circumstances shall be set forth in writing, or revoke the parole and order the return of the offender to a place of confinement designated by the executive director for any period of time up to the period remaining on such person's sentence until the discharge date as determined by section 17-22.5-402 or one year, whichever is longer. In computing the period of reincarceration for an offender other than an offender sentenced for a nonviolent felony offense, as defined in section 17-22.5-405 (5), the time between the offender's release on parole and the revocation of such parole shall not be considered to be part of the term of the sentence. The state board of parole may discharge an offender granted parole under this section at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision.
(8) (a) For persons who are granted parole pursuant to paragraph (a) of subsection (7) of this section, the division of adult services parole shall provide parole supervision and assistance in securing employment, housing, and such other services as may affect the successful reintegration of such offender into the community while recognizing the need for public safety. The conditions for parole for any such offender under this paragraph (a) shall be established pursuant to section 17-22.5-404 by the state board of parole prior to such offender's release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, which circumstances shall be set forth in writing, or revoke the parole and order the return of the offender to a place of confinement designated by the executive director for any period of time up to the period remaining on such person's mandatory period of parole established in section 18-1-105 (1) (a) (V), C.R.S. Any offender who has been reincarcerated due to a parole revocation pursuant to this paragraph (a) shall be eligible for parole at any time during such reincarceration. The state board of parole may discharge an offender granted parole under this section at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. In making any such determination, the state board of parole shall make written findings as to why such offender is no longer in need of parole supervision.
(b) For sex offenders, as defined in section 16-13-803 (4), C.R.S., who are convicted of an offense committed on or after November 1, 1998, and who are granted parole pursuant to paragraph (b) of subsection (7) of this section, the division of adult services parole shall provide parole supervision and assistance in securing employment, housing, and such other services as may affect the successful reintegration of the sex offender into the community while recognizing the need for public safety. The conditions for parole for any sex offender shall be established pursuant to section 16-13-806, C.R.S., and section 17-22.5-404 by the state board of parole prior to the sex offender's release from incarceration. Upon a determination in a parole revocation proceeding that the sex offender has violated the conditions of parole, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, which circumstances shall be set forth in writing, or revoke the parole and order the return of the sex offender to a place of confinement designated by the executive director for any period of time up to the remainder of the sex offender's natural life. The revocation hearing shall be held and the state board of parole shall make its determination as provided in section 16-13-810, C.R.S. Following reincarceration, the sex offender's eligibility for parole shall be determined pursuant to section 16-13-806, C.R.S. The state board of parole may discharge a sex offender from parole as provided in section 16-13-806 (3), C.R.S.
(9) (c) For any offender released to a twelve-month period of supervision pursuant to this subsection (9), the division of adult services parole shall provide supervision and assistance in securing employment, housing, and such other services as may affect the offender's successful reintegration into the community while recognizing the need for public safety. The state board of parole, pursuant to section 17-22.5-404, shall establish the conditions for the offender's twelve-month supervision prior to the offender's release from incarceration. Upon a determination in a revocation proceeding that the conditions of supervision have been violated, the state board of parole shall continue the supervision in effect, modify the conditions of supervision if circumstances then shown to exist require such modifications, which circumstances shall be set forth in writing, or revoke the supervision and impose intermediate sanctions as provided in paragraph (f) of this subsection (9) or order the return of the offender to a place of confinement designated by the executive director for any period of time up to twelve months. Any offender who has been reincarcerated due to a supervision revocation pursuant to this paragraph (c) shall be eligible for subsequent release for a twelve-month period of supervision at any time during such reincarceration.
SECTION 63. 17-24-103 (4), Colorado Revised Statutes, is amended to read:
17-24-103. Definitions. As used in this article, unless the context otherwise requires:
(4) "Programs" means the correctional industries programs provided and administered by the division but does not include educational services or other productive activities administered by the division of adult services parole.
SECTION 64. 17-24-109 (4), Colorado Revised Statutes, is amended to read:
17-24-109. Required programs. (4) A portion of the real property at each correctional institution shall be designated by the executive director as an industry area, and all facilities and buildings within this area shall be assigned to the division in cooperation with the division of adult services parole. The responsibility for the maintenance and upkeep of these facilities, buildings, and grounds shall be vested in the division.
SECTION 65. 17-24-110 (2) and (4), Colorado Revised Statutes, are amended to read:
17-24-110. Financial payment incentives. (2) The division shall be provided, from the diagnostic services unit of the division of adult services parole, personnel testing services that perform a vocational assessment of work experience and training needs; from the superintendent of each correctional institution, offender labor services; and from the superintendent of each such institution, security services at the work site, in addition to perimeter and scheduled security, when the division and the superintendent determine such additional services are reasonably necessary to ensure the safety of the public, the staff, and the offenders.
(4) The director and the director of the division of adult services parole are authorized to negotiate resource allocations for the exchange of services set forth in this section, subject to the annual review by the joint budget committee and the governor and appropriation by the general assembly. Payment rates shall be negotiated and set before the exchange of any of the services.
SECTION 66. 17-24-114 (2) and (3), Colorado Revised Statutes, are amended to read:
17-24-114. Provisions for offenders. (2) The director shall establish the rate of compensation for the offenders working. The director and the director of the division of adult services shall have the authority to make rules and regulations regarding the method and time of compensation payments. A portion of such compensation shall be paid to the division of adult services parole to defray the cost of operations for adult services parole, and a portion of such compensation shall be paid to each offender in relation to the number of hours worked, type of work assignment, and quality of work performed. Payment rates shall be established on an annual basis after review by the joint budget committee and by appropriation of the general assembly. No offender shall be compensated if he is placed in administrative or punitive segregation or if he is able-bodied but refuses to participate in an available work program or other productive activity. The department will provide hygienic items to all inmates in administrative or punitive segregation.
(3) The division of adult services parole is empowered to grant earned time allowances consistent with part 4 of article 22.5 of this title in relation to an offender's work performance and evaluation, as recommended by the director.
SECTION 67. 17-24-119 (1), (2) (b), and (2) (d), Colorado Revised Statutes, are amended to read:
17-24-119. Training and employment by organizations - account for proceeds and wages. (1) The division, after consultation with the respective superintendents of the correctional facilities and with the director of the division of adult services parole, is authorized to contract with any corporation, association, labor organization, or private nonprofit organization or with any federal or state agency for the purpose of training or employing offenders who have been committed to the department of corrections or who have been assigned to a community correctional program.
(2) Proceeds and wages due an offender from the sale of products produced by the offender under a program authorized by subsection (1) of this section shall be held in an account maintained by the division and distributed periodically for:
(b) Payment of such amounts for the support of the offender's dependents as is deemed appropriate by the division after consultation with the respective superintendents of the correctional facilities and with the director of the division of adult services parole;
(d) Voluntary payment of such amounts to the victims assistance and law enforcement fund established in section 24-33.5-506, C.R.S., as is deemed appropriate by the division after consultation with the respective superintendents of the correctional facilities and with the director of the division of adult services parole.
SECTION 68. 17-31-102 (2), Colorado Revised Statutes, is amended to read:
17-31-102. Definitions. As used in this article, unless the context otherwise requires:
(2) "Division" means the division or department directing or administering any public or private correctional institution or detention facility in which offenders are housed or treated, any probation program within each judicial district, or any juvenile or adult parole program, including but not limited to, the judicial department, the department of public safety and the division of criminal justice therein, the department of corrections and the division of adult services parole therein, and the department of human services and the division of juvenile parole therein.
SECTION 69. 17-31-103 (1) (c), Colorado Revised Statutes, is amended to read:
17-31-103. Volunteers - rehabilitation and transition - programs. (1) Each division shall facilitate, where practicable, the use of volunteers to assist and participate in the development and implementation of programs for the rehabilitation and transition of and growth of support groups and systems for adult and juvenile offenders in the following institutions and programs:
(c) The adult parole program of the division of adult services parole within the department of corrections;
SECTION 70. 17-31-104 (1), Colorado Revised Statutes, is amended to read:
17-31-104. Right to visit offenders. (1) A volunteer who has completed minimum training from an approved volunteer organization may visit any offender or offenders to whom such volunteer has been assigned at any institution and in any program utilizing volunteers as set forth in section 17-31-103, subject to reasonable times and for purposes within such guidelines as may be prescribed by the division of adult services parole within the department of corrections, if such volunteer presents no security risk to such institution or program and has received basic training in volunteer services. Nothing in this section shall restrict the right of a superintendent of any facility or program from denying access to a facility or program to a volunteer seeking to visit any offender or offenders.
SECTION 71. 17-32-105 (3) (a) and (3) (b) (II), Colorado Revised Statutes, are amended to read:
17-32-105. Development of correctional education program -goals and objectives. (3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), any person in a correctional facility who lacks basic and functional literacy skills, as determined through the use of a literacy test approved by the state board of education, shall be required to complete sequential course work sufficient to allow the inmate to pass a competency test or the test of general education development or both. If a composite test score of functional literacy is not attained, the division program may require the inmate to continue to receive adult basic education instruction.
(b) A person in a correctional facility who lacks basic and functional literacy skills shall be required to attend adult basic education instruction unless such person:
(II) Is specifically exempted by the division program from participation for security or health reasons;
SECTION 72. 24-1-128.5 (2) (a) and (2) (c), Colorado Revised Statutes, are amended to read:
24-1-128.5. Department of corrections - creation. (2) The department of corrections shall consist of the following divisions:
(a) The division of adult services parole, the head of which shall be the director of the division of adult services parole. The division of adult services parole shall exercise its powers and perform its duties and functions under the department of corrections as if the same were transferred by a type 2 transfer. The division of adult services parole shall supervise and control each correctional facility, as defined in section 17-1-102, C.R.S., including but not limited to the state penitentiary at Canon City, the Colorado state reformatory at Buena Vista, and the women's correctional institution at Canon City, which are transferred by a type 2 transfer to the department of corrections and allocated to the division of adult services parole. The powers, duties, and functions of the department of institutions relating to honor camps, work release programs, and other adult correctional programs are transferred by a type 2 transfer to the department of corrections and allocated to the division of adult services parole. The powers, duties, and functions of the division of parole in the department of institutions are transferred by a type 3 transfer to the department of corrections and allocated to the division of adult services parole, and the division of parole is abolished.
(c) The division of correctional education, the head of which shall be the correctional education program director. Pending appointment of the correctional education program director, the executive director shall serve in this capacity. The division shall exercise its powers and perform its duties and functions under the department of corrections as if the same were transferred by a type 2 transfer. The division shall develop and implement the correctional education program authorized by article 32 of title 17, C.R.S.
SECTION 73. 24-34-102 (14) (a), Colorado Revised Statutes, is amended to read:
24-34-102. Division of registrations - creation - duties of division and department heads. (14) On and after July 1, 1998, the authority vested in the department of human services and the board of human services to certify and discipline certified alcohol and drug abuse counselors is transferred to the director of the division of registrations in the department of regulatory agencies. The department of human services and board of human services shall continue to exercise all other rights, powers, duties, functions, and obligations vested in the those entities concerning certified alcohol and drug abuse counselors pursuant to part 2 of article 1 of title 25, C.R.S. The director of the division of registrations may promulgate rules, which shall include, but shall not be limited to:
(a) A requirement that alcohol and drug abuse counselors, in order to participate in public programs or to provide purchased services and certification requirements therefor, shall meet standards established by the board of humans services by rule. In addition to alcohol and drug abuse counselors specifically authorized to be certified for approved programs pursuant to part 2 of article 1 of title 25, C.R.S., the director of the division of registrations in the department of regulatory agencies may certify alcohol and drug abuse counselors, upon individual application, in any alcohol or drug abuse treatment program required as a condition of probation under part 2 of article 11 of title 16, C.R.S., any alcohol or drug abuse program administered by the division of adult services parole under article 2 of title 17, C.R.S., any community corrections facility or program administered under article 27 of title 17, C.R.S., and any alcohol or drug abuse treatment program administered by the division of youth corrections under title 19, C.R.S.
SECTION 74. 25-1-201 (4), Colorado Revised Statutes, is amended to read:
25-1-201. Definitions. As used in this part 2, unless the context otherwise requires:
(4) "Public program" means a program concerning the problems of alcohol or drug abuse sponsored by a local or regional health department, county department of social services, court, probation department, law enforcement agency, school, school system, board of cooperative services, Indian tribal reservation, or state agency. "Public program" includes any alcohol or drug abuse treatment program required as a condition of probation under part 2 of article 11 of title 16, C.R.S., any alcohol or drug abuse program administered by the division of adult services parole under article 2 of title 17, C.R.S., any community correctional facility or program administered under article 27 of title 17, C.R.S., and any alcohol or drug abuse treatment program administered by the division of youth corrections under title 19, C.R.S.".
Renumber succeeding section accordingly.
MESSAGE FROM THE HOUSE
Mr. President:
In response to the request of the Senate, the Speaker has appointed Representatives McPherson, chairman, Kaufman, and Veiga as House conferees on the First Conference Committee on SB00-154.
INTRODUCTION OF BILLS
The following bills were read by title and referred to the committees indicated:
SB 00-229 by Senators Powers and Tebedo; also Representative George--Concerning incentives for businesses to establish new business facilities or expand existing facilities, and, in connection therewith, increasing the amount of the existing exemption for business personal property, exempting a percentage of the actual value used to calculate the property tax levied against tangible personal property located in new or expanded business facilities, and repealing the authority of school districts to enter into agreements for incentive payments or credits.
State, Veterans, & Military Affairs
SB 00-230 by Senator Wattenberg; also Representative Young--Concerning the wildlife for future generations trust fund, and, in connection therewith, creating the wildlife habitat account.
Agriculture, Natural Resources, and Energy
HB 00-1227 by Representatives King, Dean, Decker, Johnson, Lee, McElhany, McKay, Mitchell, Paschall, Scott, Sinclair, Spence, Spradley, Stengel, Vigil, Webster, Williams T.; also Senator Congrove--Concerning revenue from annual motor vehicle registrations, and making an appropriation in connection therewith.
HB 00-1470 by Representative McPherson; also Senator Lacy--Concerning the modification of the manner in which the gross receipts derived from pari-mutuel wagering on greyhound racing are allocated, and, in connection therewith, reducing the tax imposed on such gross receipts from four and one-half percent to three quarters of one percent, increasing the percentage of such gross receipts that is allocated as purses from five percent to six percent and allocating one quarter of one percent of such gross receipts to pay prize awards under a newly created greyhound winners' award program.
Agriculture, Natural Resources, and Energy
Appropriations
HB 00-1473 by Representative McPherson; also Senator Lamborn--Concerning property tax assessments involving public utilities.
The President has signed: SB00-087, 160.
MESSAGES FROM THE GOVERNOR
Appoint- Letters of designation and appointment from Governor Owens were read and assigned to
ments Committees as follows:
To the Honorable Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:
That Arthur V. Gallegos of Colorado Springs, Colorado, to serve as a public member and a Republican and to replace Thomas Evans who resigned; be and he is hereby appointed to the:
BOARD OF REAL ESTATE APPRAISERS
for a term expiring July 1, 2000.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 4/18/00
P. Dicks, Secretary
Committee on Business Affairs and Labor
________________________
April 12, 2000
To the Honorable
Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I hereby appoint, the following:
MEMBER OF THE
STATE BOARD OF PAROLE
effective April 17, 2000 for a term expiring July 1, 2001:
Donald E. Van Pelt of Pueblo West, Colorado, to serve as a representative of the public, and as a Republican, to replace Kent A. “Bo” Cottrell of Aurora, who resigned, appointed.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 4/18/00
P. Dicks, Secretary
Committee on Judiciary
To the Honorable
Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to appoint the following:
MEMBER
OF THE
STATE BOARD OF PAROLE
That Donald E. Van Pelt of Pueblo West, Colorado, be and he is hereby appointed Chairman of the:
STATE BOARD OF PAROLE
effective April 17, 2000 for a term serving at the pleasure of the Governor.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 4/18/00
P. Dicks, Secretary
Committee on Judiciary
TRIBUTES--A POINT OF INTEREST
Honoring Jill Klopfenstein by Senator Lamborn
Honoring Michael Munds by Senator Blickensderfer
Honoring Bob and Rita Epley by Senator Blickensderfer
Honoring Cecilie and Tyler Adams by Senator Blickensderfer
Honoring Kathryn and Wayne Morrison by Senator Blickensderfer
Honoring Dode and Bob Balderston by Senator Blickensderfer
Honoring Mike Duran by Senator Dennis
Honoring Florencio Salomon by Senator Dennis
Honoring Manuel Martinez by Senator Dennis
Honoring Patrick Walsh by Senator Dennis
Honoring Nate Gibson by Senator Dennis
Honoring Leona Cook by Senator Dennis
Honoring Ruth Middleton by Senator Dennis
___________________________
On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Monday,
April 24, 2000.
Approved:
Ray Powers
President of the Senate
Patricia K. Dicks
Secretary of the Senate
LC: