This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

97th Legislative Day Monday, April 13, 1998


Call to By the President at 10:00 a.m.

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn.

Roll Call Present--Total, 32.

Absent--Feeley, Pascoe, Wham--Total, 3.

Present later--Feeley, Pascoe, Wham.

Quorum The President announced a quorum present.

Reading of On motion of Senator Reeves, reading of the Journal of April 9th was dispensed with

Journal and the Journal stands approved as corrected by the Secretary.

SENATE SERVICES REPORT

Senate Correctly printed: SCR 98-6.

Services

Correctly enrolled: SB 98-2, 93, 114, 136, 151, 172.

Correctly engrossed: SB 98-26.

Correctly revised: HB 98-1325.

COMMITTEE OF REFERENCE REPORTS

Approp- After consideration on the merits, the committee recommends that SB 98-79 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 7, line 7, strike "1998." and substitute "1999.".

Approp- After consideration on the merits, the committee recommends that the following be

riations postponed indefinitely: SB 98-110, 98-117, 98-127, 98-134, 98-140, 98-150

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB 98-1169

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB 98-1398

Judiciary After consideration on the merits, the committee recommends that HB 98-1321 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 5, strike lines 12 through 16 and substitute the following:

"IMPACT OF THE SERVICES PROVIDED THROUGH THE PROGRAM; AND".

Agriculture, After consideration on the merits, the committee recommends that the following be Natural referred favorably to the Committee on Appropriations: SB 98-192

Resources

and Energy

Agriculture, After consideration on the merits, the committee recommends that HB 98-1396 be

Natural amended as follows and, as so amended be referred to the Committee of the Whole with

Resources favorable recommendation:

and Energy

Amend reengrossed bill, page 1, line 4, after "Youth", insert "and adult mentor";

line 8, after the period, add "IN CONNECTION WITH SUCH A PROGRAM THE COMMISSION IS ALSO AUTHORIZED, WITHIN ITS DISCRETION, TO ESTABLISH A SPECIAL LICENSING PROGRAM FOR ADULT MENTORS OF YOUTH HUNTERS AND TO ADOPT RULES THAT ESTABLISH A HUNTING LICENSE PREFERENCE FOR SUCH ADULT MENTORS.".

Page 1, strike line 102 and substitute the following:

"PROGRAMS, AND, IN CONNECTION THEREWITH, ESTABLISHING SPECIAL LICENSING PROGRAMS FOR YOUTH AND FOR THE MOBILITY­IMPAIRED.".

Agriculture, After consideration on the merits, the committee recommends that the following be

Natural postponed indefinitely: HJR 98-1004

Resources

and Energy

Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under consideration

Natural and has had a hearing on the following appointments and recommends that the

Resources appointments be confirmed:

and Energy

STATE BOARD OF THE

GREAT OUTDOORS COLORADO

TRUST FUND

for terms expiring April 15, 2001:

James P. Kelley of Denver, Colorado, to serve as a member from the First Congressional District and as a Democrat, appointed;

Raymond D. Printz, Arvada, Colorado, to serve as a member from the Second Congressional District and as an Unaffiliated, appointed;

David D. Sanchez of Greeley, Colorado, to serve as a member from the Fourth Congressional District and as a Democrat, appointed.

Local After consideration on the merits, the committee recommends that SB 98-184 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 5, strike lines 24 and 25 and substitute the following:

"name of the county in which the district is proposed, CREATING THE DISTRICT, a descriptive name or number, and the words "general".

Page 7, line 7, after the period, add "THE CLERK SHALL ALSO CAUSE A COPY OF SAID NOTICE TO BE MAILED TO EACH MUNICIPALITY LOCATED WITHIN THREE MILES OF THE BOUNDARIES OF THE PROPOSED DISTRICT AT THE SAME TIME NOTICE IS MAILED TO THE ELECTORS OF THE DISTRICT.".

Page 14, line 11, after "COUNTIES", insert "OR MUNICIPALITIES".

Page 17, line 9, strike "(1)";

strike lines 17 and 18.

Page 19, strike lines 14 and 15 and substitute the following:

"organization of a district shall be initiated by a petition filed in the office of the clerk of the governing body vested with jurisdiction.".

Page 20, strike lines 6 and 7 and substitute the following:

SB 98-184

(Cont.)

"name of the municipality in which the district is proposed CREATING THE DISTRICT, a descriptive name or number, and the words".

Page 25, line 15, after "C.R.S.,", insert "OR ARTICLE 10 OF THIS TITLE".

Page 28, line 13, strike "municipality" and substitute "municipality MUNICIPALITIES OR COUNTIES".

Page 31, line 10, strike "(1)";

strike lines 18 and 19.

Page 32, strike lines 3 through 11 and substitute the following:

"SECTION 23. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

Local After consideration on the merits, the committee recommends that HB 98-1390 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 1, after line 1, insert the following:

"SECTION 1.  30­28­117, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

30­28­117.  Board of adjustment. (5)  THE GOVERNING BODY OF A COUNTY THAT HAS ENTERED INTO AN INTERGOVERNMENTAL AGREEMENT WITH A MUNICIPALITY LOCATED OR PARTIALLY LOCATED WITHIN THAT COUNTY FOR THE PURPOSES OF JOINT PARTICIPATION IN LAND USE PLANNING, SUBDIVISION PROCEDURES, AND ZONING PURSUANT TO THE AUTHORITY GRANTED IN SECTION 31­23­227 (2), C.R.S., MAY ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THAT MUNICIPALITY FOR THE PURPOSES OF ESTABLISHING A JOINT ZONING BOARD OF ADJUSTMENT FOR A SPECIFIC AREA DESIGNATED IN THE INTERGOVERNMENTAL AGREEMENT.".

Renumber succeeding sections accordingly.

Page 1, line 8, strike "PROCEDURES" and substitute "PROCEDURES,".

Page 2, line 2, strike "PURPOSES" and substitute "PURPOSE";

line 4, strike "ADJUSTMENT," and substitute "ADJUSTMENT".

MESSAGE FROM THE REVISOR

April 9, 1998

We herewith transmit:

without comment, HB98-1003, 1006, 1070, 1217, 1382, 1406, and SB98-008.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 98­1059

*****************************

THIS REPORT AMENDS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

HB 98-1059

(Cont.)

Your first conference committee appointed on HB 98­1059, concerning the imposition of increased penalties for traffic violations committed in school zones, has met and reports that it has agreed upon the following:

1.  That the House accede to the Senate amendments made to the bill, as said amendments appear in the rerevised bill.

2.  That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendment be recommended:

Amend rerevised bill, page 2, line 2, after "DOUBLED.", add "THE STATE OR LOCAL GOVERNMENT HAVING JURISDICTION OVER THE PLACEMENT OF TRAFFIC SIGNS AND TRAFFIC CONTROL DEVICES IN THE SCHOOL ZONE AREA SHALL DESIGNATE WHEN THE AREA WILL BE DEEMED TO BE A SCHOOL ZONE FOR THE PURPOSES OF THIS SECTION. IN MAKING SUCH DESIGNATION, THE STATE OR LOCAL GOVERNMENT SHALL CONSIDER WHEN INCREASED PENALTIES ARE NECESSARY TO PROTECT THE SAFETY OF SCHOOL CHILDREN.".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Jeanne Faatz, Chair Sen. Ginette Dennis, Chair

Rep. Shirleen Tucker Sen. Douglas D. Linkhart

Rep. Ken Gordon Sen. Doug Lamborn

THIRD READING OF BILLS--FINAL PASSAGE

On Third Reading, the titles of the following bills were publicly read, the reading at length having been dispensed with by unanimous consent:

HB 98-1401 by Rep. Grampsas; Senator Lacy--Long Appropriations Bill

Laid over until Tuesday, April 14, retaining its place on the calendar.

SB 98-26 by Sen. Linkhart; Rep. G. Berry--Work Force Coordinating Council Changes

The question being "Shall the bill pass?" the roll was called with the following result:


YES 35

NO 0

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

HB 98-1325 by Rep. Owen; Senator Rizzuto--Implement Children's Basic Health Plan

The question being "Shall the bill pass?" the roll was called with the following result:


YES 35

NO 0

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

HB 98-1325 Co-sponsors added: Bishop, Feeley, Hernandez, Hopper, Matsunaka, Norton, Pascoe,

(Cont.) Reeves, Rupert, Tanner, Weddig, Wham.

Committee On motion of Senator Schroeder, the Senate resolved itself into Committee of the Whole

of the for consideration of General Orders and Senator Schroeder 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:

SCR 98-4 by Sen. Norton; Rep. Anderson--Residential Property Tax

Laid over until Tuesday, April 14, retaining its place on the calendar.

HB 98-1152 by Rep. George; Senator Bishop--Property Tax Modifications

Laid over until Tuesday, April 14, retaining its place on the calendar.

SB 98-30 by Sen. Thiebaut; Representative Swenson--High­Occupancy Vehicle Lanes

Laid over until Tuesday, April 14, retaining its place on the calendar.

HB 98-1203 by Rep. Smith; Sen. Perlmutter--Deceptive Practices Sale Manufact Homes

Laid over until Tuesday, April 14, retaining its place on the calendar.

SB 98-166 by Sen. Mutzebaugh--Transportation Planning

Laid over until Tuesday, April 14, retaining its place on the calendar.

HB 98-1306 by Rep. McElhany; Sen. Blickensderfer--Work Comp Criteria To End TTD

Laid over until Tuesday, April 14, retaining its place on the calendar.

HB 98-1356 by Rep. Grampsas; Senator Lacy--Suppl Approp Dept Of Transportation

Laid over until Tuesday, April 14, retaining its place on the calendar.

SB 98-177 by Sen. Lacy; Rep. Grampsas--PUC Telecom High Cost Fund Admin

Amendment No. 1, by Senator Matsunaka

Amend printed bill, page 2, line 3, strike "operation." and substitute "operation - repeal.";

line 13, after "(2)", insert "(a)".

Page 3, after line 6, insert the following:

"(b)  ON OR BEFORE DECEMBER 1 OF EACH YEAR, THE COMMISSION SHALL SUBMIT A WRITTEN REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH SECTION 24­1­136, C.R.S., ACCOUNTING FOR THE OPERATION OF THE HIGH-COST SUPPORT MECHANISM DURING THE PRECEDING CALENDAR YEAR AND CONTAINING THE FOLLOWING INFORMATION, AT A MINIMUM:

(I)  THE TOTAL AMOUNT OF MONEY THAT THE COMMISSION DETERMINED SHOULD CONSTITUTE THE HIGH-COST SUPPORT MECHANISM FROM WHICH DISTRIBUTIONS WOULD BE MADE;

SB 98-177

(Cont.)

(II)  THE TOTAL AMOUNT OF MONEY ORDERED TO BE CONTRIBUTED THROUGH A RATE ELEMENT ASSESSMENT COLLECTED BY EACH TELECOMMUNICATIONS SERVICE PROVIDER;

(III)  THE BASIS ON WHICH THE CONTRIBUTION OF EACH TELECOMMUNICATIONS SERVICE PROVIDER WAS CALCULATED;

(IV)  THE BENCHMARKS USED AND THE BASIS ON WHICH THE BENCHMARKS WERE DETERMINED;

(V)  THE TOTAL AMOUNT OF MONEY THAT THE COMMISSION DETERMINED SHOULD BE DISTRIBUTED FROM THE HIGH-COST SUPPORT MECHANISM;

(VI)  THE TOTAL AMOUNT OF MONEY DISTRIBUTED TO EACH TELECOMMUNICATIONS SERVICE PROVIDER FROM THE HIGH-COST SUPPORT MECHANISM;

(VII)  THE BASIS ON WHICH THE DISTRIBUTION TO TELECOMMUNICATIONS SERVICE PROVIDERS WAS CALCULATED;

(VIII)  AS TO EACH TELECOMMUNICATIONS SERVICE PROVIDER RECEIVING A DISTRIBUTION, THE AMOUNT RECEIVED BY GEOGRAPHIC SUPPORT AREA AND TYPE OF CUSTOMER, THE WAY IN WHICH THE BENEFIT OF THE DISTRIBUTION WAS APPLIED OR ACCOUNTED FOR; AND

(IX)  THE PROPOSED BENCHMARKS, THE PROPOSED CONTRIBUTIONS TO BE COLLECTED THROUGH A RATE ELEMENT ASSESSMENT BY EACH TELECOMMUNICATIONS PROVIDER, AND THE PROPOSED TOTAL AMOUNT OF THE HIGH-COST SUPPORT MECHANISM FROM WHICH DISTRIBUTIONS ARE TO BE MADE FOR THE FOLLOWING CALENDAR YEAR.

(c)  IF THE REPORT SUBMITTED PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (2) CONTAINS A PROPOSAL FOR AN INCREASE IN ANY OF THE AMOUNTS LISTED IN SUBPARAGRAPH (IX) OF SAID PARAGRAPH (b), SUCH INCREASE SHALL BE SUSPENDED UNTIL MARCH 31 OF THE FOLLOWING YEAR.

(d) (I)  THE HIGH-COST SUPPORT MECHANISM FROM WHICH DISTRIBUTIONS ARE TO BE MADE SHALL NOT EXCEED SIXTY MILLION DOLLARS DURING EACH OF THE CALENDAR YEARS 1998 AND 1999; EXCEPT THAT, IF ADDITIONAL SERVICES OR CAPABILITIES ARE INCLUDED IN THE DEFINITION OF BASIC SERVICE PURSUANT TO THE COMMISSION'S REVIEW AS PROVIDED IN SECTION 40-15-502 (2), CONTRIBUTIONS TO AND DISTRIBUTIONS FROM THE HIGH-COST SUPPORT MECHANISM MAY INCREASE AS MAY BE REASONABLY NECESSARY, AFTER ANY CHANGES IN BASIC LOCAL EXCHANGE SERVICE OR OTHER RATES ARE MADE, TO COVER THE COST AND ACCOUNT FOR THE INCLUSION OF SUCH ADDITIONAL SERVICES AND CAPABILITIES IN THE HIGH-COST SUPPORT MECHANISM. THE REVIEW PROVIDED FOR IN SECTION 40-15-502 (2) AND ANY RELATED CHANGE IN COSTS TO BE RECOVERED THROUGH RATES OF THE HIGH-COST SUPPORT MECHANISM WILL BE SUBJECT TO NOTICE AND HEARING PURSUANT TO COMMISSION RULES.

(II)    THIS PARAGRAPH (d) IS REPEALED, EFFECTIVE DECEMBER 31, 1999.".

As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.

SB 98-188 by Sen. Wham; Rep. Anderson--Colorado Horse Development Authority

Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment

(Printed in Senate Journal, March 30, pages 660-661.)

As amended, declared LOST on Second Reading. (For further action, see page 756, where the Wham amendment to the Report of the Committee of the Whole was adopted and SB 98-188 as amended, was ordered engrossed and placed on the calendar for Third Reading and Final Passage.)

HB 98-1234 by Rep. Allen; Senator Wells--Public School Finance

(Amended in General Orders as printed in Senate Journal, April 3, pages 685-687 and page 688.)

Amendment No. 1, by Senator Wells

Strike the Wells amendment, as printed in Senate Journal, April 3, page 685, lines 49 through 59.

Strike the Wells amendment, as printed in Senate Journal, April 3, page 685, lines 63 through 72 and page 686, line 1.

Strike the Rizzuto amendment, as printed in Senate Journal, April 3, page 686, lines 59 through 72 and page 687, lines 1 through 32.

Strike the Appropriations Committee amendment, as printed in Senate Journal, March 31, page 668, lines 61 through 72 and page 669, lines 1 through 30.

Amend reengrossed bill, page 1, line 7, strike "$110" and substitute "$113.50".

Amend the Education Committee amendment, as printed in Senate Journal, March 27, page 628, line 30, strike "A NEW SUBPARAGRAPH," and substitute "THE FOLLOWING NEW SUBPARAGRAPHS,".

Page 629, strike line 30 and substitute the following:

"2,293 OR MORE BUT LESS THAN 5,650 1.0130 + (0.00001335 X";

strike line 35 and substitute the following:

"5,650 OR MORE BUT LESS THAN 25,846 1.0130";

line 37, strike "26,025" and substitute "25,846" and strike "1.0136" and substitute "1.0130";

line 41, strike "26,025)" and substitute "25,846)";

after line 44, insert the following:

"(V)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I.5) OF THIS PARAGRAPH (b), NO DISTRICT SHALL HAVE A SIZE FACTOR OF LESS THAN 1.0180 FOR THE 1999­2000 BUDGET YEAR AND A SIZE FACTOR OF LESS THAN 1.0250 FOR THE 2000­01 BUDGET YEAR AND BUDGET YEARS THEREAFTER.";

line 55, after "BY", insert "SIXTY­FIVE PERCENT OF".

Page 634, line 38, strike "($1,891,120)." and substitute "($1,891,120).".";

strike lines 40 through 45;

strike lines 59 through 72.

Page 635, strike lines 1 through 51 and substitute the following:

"(4) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the state public school fund created in section 22­54­114, Colorado Revised Statutes, not otherwise appropriated, to the department of education, for the fiscal year beginning July 1, 1998, the sum of one million four hundred thousand dollars ($1,400,000), or so much thereof as may be necessary, for the implementation of section 22­54­122, Colorado Revised Statutes.

HB 98-1234

(Cont.)

(5)  For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows: The appropriation made to the department of education, public school finance, total program, is increased by eleven million three hundred four thousand two hundred forty-nine dollars ($11,304,249). Of said amount, two million eight hundred seventy-four thousand four hundred twelve dollars ($2,874,412) shall be from the state public school fund created in section 22­54­114, Colorado Revised Statutes, and eight million four hundred twenty-nine thousand eight hundred thirty-seven dollars ($8,429,837) shall be from the general fund.

SECTION 26. Appropriation.  (1)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the state public school fund created in section 22­54­114, Colorado Revised Statutes, not otherwise appropriated, to the department of military affairs, for the fiscal year beginning July 1, 1998, the sum of five hundred thousand dollars ($500,000).

(2)  In addition to any other appropriation, there is hereby appropriated, to the department of military affairs, for the fiscal year beginning July 1, 1998, the sum of two hundred thousand dollars ($200,000). Such sum shall be from cash funds exempt received from the department of education from funds appropriated in the annual general appropriation act for the fiscal year beginning July 1, 1998, to the department of education for expelled student services.

(3)  The funds appropriated to the department of military affairs by this section, or so much thereof as may be necessary, shall be used by the department to carry out the national guard challenge program in the state of Colorado and to apply for federal funds that are available to the state of Colorado to establish such a program. If federal funds are applied for and received by the state of Colorado to establish such a program during the fiscal year beginning July 1, 1998, the department of military affairs shall have the authority to spend the total amount of federal funds received for the implementation of the program. The amount of federal funds anticipated to be received by the state of Colorado is two million one hundred thousand dollars ($2,100,000).";

line 53, strike "26." and substitute "27.".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

The following bills on the General Orders calendar of Monday, April 13, were laid over until Tuesday, April 14, retaining their place on the calendar:

HB 98-1402; SB 98-170; HB 98-1189; SB 98-53, 98-41, 98-154, 98-158, 98-29, 98-62, 98-22, 98-68, 98-152, 98-138; HB 98-1228.

AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE

SB 98-188 by Sen. Wham; Rep. Anderson--Colorado Horse Development Authority

Senator Wham moved to amend the Report of the Committee of the Whole to show that SB 98-188 as amended, did pass.

A majority of all members elected to the Senate having voted in the affirmative, the amendment was adopted.

HB 98-1234 by Rep. Allen; Senator Wells--Public School Finance

Senator Mutzebaugh moved to amend the Report of the Committee of the Whole to show that the Mutzebaugh amendment to HB 98-1234 as amended, did pass.

The amendment was declared lost by the following roll call vote:


YES 10

NO 24

EXCUSED 1

ABSENT 0

Alexander
N
Feeley
N
Mutzebaugh
YE
Tanner
N

Ament
Y
Hernandez
N
Pascoe
N
Tebedo
Y

Arnold
Y
Hopper
N
Perlmutter
N
Thiebaut
N

Bishop
NY
Johnson
N
Phillips
N
Wattenberg
E

Blickensderfer
Y
Lacy
N
Powers
Y
Weddig
N

Chlouber
N
Lamborn
Y
Reeves
N
Wells
N

Coffman
Y
Linkhart
N
Rizzuto
N
Wham
N

Congrove
Y
Martinez
N
Rupert
N
Mr. President
N

Dennis
N
Matsunaka
N
Schroeder
Y

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Schroeder, the Report of the Committee of the Whole, as amended, was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:

SB 98-177 as amended, 98-188 as amended; HB 98-1234 as amended, declared passed on Second Reading.

SCR 98-4; SB 98-30, 98-166; HB 98-1152, 98-1203, 98-1306, 98-1256, 98-1402; SB 98-170; HB 98-1189; SB 98-53, 98-41, 98-154, 98-158, 98-29, 98-62, 98-22, 98-68, 98-152, 98-138; HB 98-1228, laid over until Tuesday, April 14, retaining their place on the calendar.

COMMITTEE OF REFERENCE REPORTS

Approp- After consideration on the merits, the committee recommends that the following be

riations postponed indefinitely: SB 98-83, 98-91, 98-59, 98-115

Trans- After consideration on the merits, the committee recommends that HB 98-1144 be

portation amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, strike lines 21 through 26 and substitute the following:

"SECTION 3.  Safety Clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

Strike page 3.

Trans- After consideration on the merits, the committee recommends that HB 98-1173 be

portation amended as follows and, as so amended, be referred to the Committee on Appropriations

with favorable recommendation:

Amend reengrossed bill, page 2, strike lines 22 and 23 and substitute the following:

"(c)  AFTER THE DEPARTMENT OF REVENUE AND THE COUNTY CLERKS HAVE REVIEWED AND AGREED UPON A PLAN FOR THE ISSUANCE OF OTHER TITLES, BUT NO LATER THAN JULY 1, 2001, ANY OTHER TITLE ISSUED BY THE AUTHORIZED AGENT. THE PLAN SHALL TAKE INTO ACCOUNT THE PROVISION OF THE BEST SERVICE FOR CITIZENS IN THE MOST COST­EFFECTIVE MANNER, THE USE OF ELECTRONIC ISSUANCE OF TITLES, AND CONSIDERATION OF THE BUSINESS PLAN FOR ISSUING TITLES AT COUNTY OFFICES.".

Health, After consideration on the merits, the committee recommends that the following be

Environment, postponed indefinitely: HB 98-1023

Welfare and

Institutions

Health, The Committee on Health, Environment, Welfare and Institutions has had under

Environment, consideration and has had a hearing on the following appointments and recommends that

Welfare and the appointments be confirmed:

Institutions

COLORADO CHILDREN'S

TRUST FUND BOARD

for a term expiring November 7, 2000:

David S. Herr of Grand Junction, Colorado, to serve as a representative of medicine, appointed;

Gerald G. Rivera of Alamosa, Colorado, to serve as a representative knowledgeable in the field of mental health, appointed.

State, After consideration on the merits, the committee recommends that the following be

Veterans, referred favorably to the Committee on Appropriations: HB 98-1246

and Military

Affairs

Approp- After consideration on the merits, the committee recommends that SB 98-139 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend the Judiciary committee amendment, as printed in Senate Journal, February 27, page 370, line 24, strike "1998."." and substitute "1998.";

after line 24, insert the following:

"SECTION 20.  Appropriation. In addition to any other appropriation, there is hereby appropriated, to the department of human services, for the fiscal year beginning July 1, 1998, the sum of seven hundred twenty­three thousand twenty­four dollars ($723,024) and 1.5 FTE, or so much thereof as may be necessary, for the implementation of this act. Of said sum, twenty­five thousand six hundred dollars ($25,600) is for allocation to the office of information technology services, and six hundred ninety­seven thousand four hundred twenty­four dollars ($697,424) is for allocation to self­sufficiency, child support enforcement. Of said sum, one hundred sixty thousand eight hundred twenty­eight dollars ($160,828) shall be from the general fund, eighty­five thousand dollars ($85,000) shall be cash funds from the family support registry fund created in section 26­13­115.5, Colorado Revised Statutes, one hundred sixty­five thousand dollars ($165,000) shall be cash funds exempt from the family support registry fund, and three hundred twelve thousand one hundred ninety­six dollars ($312,196) shall be from federal funds. The amount appropriated from the general fund is exempt from the statutory limit on state general fund appropriations pursuant to section 24­75­201.1 (1) (a) (III) (A), Colorado Revised Statutes.".";

after line 26 of the committee amendment, insert the following:

"Page 25 of the printed bill, line 20, strike "passage." and substitute "passage, and section 18 of this act shall take effect October 1, 1999.".

Page 1, line 101, strike "OBLIGATIONS." and substitute "OBLIGATIONS, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".".

Approp- After consideration on the merits, the committee recommends that SB 98-94 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend the committee amendment, as printed in the Senate Journal, February 13, page 242, strike line 9, and substitute the following:

"Amend printed bill, page 1, line 5, strike "declaration." and substitute "declaration ­ repeal.".

Page 2, line 23, strike "1998" and substitute "2000";";

after line 9, insert the following:

"Page 3, line 2, strike "THE" and substitute "EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4) OF THIS SECTION, THE";

line 11, strike "Page 3,";

strike lines 27 through 31 and substitute the following:

"SUBSECTION (3).

SB 98-94

(Cont.)

(4)  THE PROPERTY TAX CREDIT PROVIDED FOR IN THIS SECTION SHALL BE FUNDED SOLELY WITH MONEYS FROM THE ELDERLY PROPERTY TAX ASSISTANCE FUND, CREATED IN SECTION 39­22­1903. IN THE EVENT THAT SUCH FUND DOES NOT CONTAIN ENOUGH MONEY TO COMPENSATE COUNTIES FOR THE FULL AMOUNT OF THE CREDIT SET FORTH IN SUBSECTION (3) OF THIS SECTION, MONEYS FROM THE FUND SHALL BE APPORTIONED AMONG EACH COUNTY BASED ON THE AMOUNT EACH COUNTY ANTICIPATES GRANTING IN CREDITS FOR THE FOLLOWING PROPERTY TAX YEAR PURSUANT TO THIS SECTION IN PROPORTION TO THE TOTAL AMOUNT OF MONEYS IN THE FUND. EACH COUNTY SHALL, BY AUGUST 31, 1999, AND AUGUST 31 OF EACH YEAR THEREAFTER, NOTIFY THE STATE TREASURER IN WRITING OF THE NUMBER OF QUALIFIED INDIVIDUALS WITHIN EACH COUNTY AND THE TOTAL AMOUNT EACH COUNTY ANTICIPATES GRANTING IN PROPERTY TAX CREDITS THE FOLLOWING PROPERTY TAX YEAR PURSUANT TO SUBSECTION (3) OF THIS SECTION.

(5)  AFTER RECEIVING MONEYS FROM THE ELDERLY PROPERTY TAX ASSISTANCE FUND, EACH COUNTY SHALL DETERMINE WHICH PROPERTY OWNERS ARE ELIGIBLE FOR THE PROPERTY TAX CREDIT PROVIDED FOR IN THIS SECTION AND THE AMOUNT OF SAID CREDIT. THE COUNTY TREASURER OF EACH COUNTY SHALL THEN APPLY THE CREDIT TOWARDS EACH QUALIFIED INDIVIDUAL'S PROPERTY TAX BILL FOR THE FOLLOWING YEAR.".

Page 4, strike lines 1 through 6;

after line 18, insert the following:

"(7)  THIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2003.

SECTION 2.  Article 22 of title 39, Colorado Revised Statutes,";";

line 60, strike "(1)";

strike line 69 and substitute the following:

"TO EACH COUNTY IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SECTION 39­1­122.";

line 70, strike "AFFAIRS.".

Page 243, strike lines 1 through 6.

Approp- After consideration on the merits, the committee recommends that SB 98-20 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend Senate Judiciary Committee Report, February 6, page 185, line 19, strike "MONTHS"." and substitute "MONTHS";";

after line 19, insert the following:

"after line 18, insert the following:

"Section 7. Appropriation. In addition to any other appropriation, there is hereby appropriated, to the department of law, peace officer standards and training board, for the fiscal year beginning July 1, 1998, the sum of ten thousand dollars ($10,000) cash funds, or so much thereof as may be necessary, for the implementation of this act. Said sum shall be from cash funds received from the peace officer standards training board cash fund.".

Renumber succeeding sections accordingly.

Page 1, line 101, strike "BOARD." and substitute "BOARD, AND MAKING AN APPROPRIATION THEREFOR.".".

Approp- After consideration on the merits, the committee recommends that SB 98-24 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, after line 23, insert the following:

SB 98-24

(Cont.)

"SECTION 2. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".

Renumber succeeding section accordingly.

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: HB 98-1112

Approp- After consideration on the merits, the committee recommends that the following be

riations postponed indefinitely: SB 98-39 and 98-65

Approp- After consideration on the merits, the committee recommends that SB 98-185 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 6, after line 12, insert the following:

"SECTION 3.  Part 7 of article 2 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

26­2­723.  Evaluation ­ audit committee ­ repeal. (1)  THE STATE AUDITOR'S OFFICE SHALL OVERSEE THE IMPLEMENTATION OF AN EVALUATION OF THE WORKS PROGRAM PURSUANT TO THE PROVISIONS OF THIS SECTION. OUT OF ANY FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY TO COVER THE COSTS OF THE EVALUATION DESCRIBED IN THIS SECTION, THE STATE AUDITOR'S OFFICE SHALL BE ABLE TO COVER ITS REASONABLE AND NECESSARY COSTS INCURRED IN CONNECTION WITH ADMINISTERING THE CONTRACT FOR SUCH EVALUATION.

(2)  NO LATER THAN AUGUST 1, 1998, THE STATE AUDITOR'S OFFICE SHALL ISSUE A REQUEST FOR PROPOSALS FOR A PUBLIC OR PRIVATE ENTITY TO CONDUCT THE EVALUATION. THE STATE AUDITOR'S OFFICE SHALL SEEK INPUT FROM THE WELFARE OVERSIGHT COMMITTEE CREATED PURSUANT TO SECTION 26­2­722, A STATEWIDE ASSOCIATION OF COUNTIES, ANY COUNTY THAT IS NOT REPRESENTED BY SUCH AN ASSOCIATION, THE STATE DEPARTMENT, AND REPRESENTATIVES OF ADVOCATE GROUPS IN DEVELOPING THE REQUEST FOR PROPOSALS FOR THE EVALUATION.

(3) (a)  NO LATER THAN DECEMBER 31 OF EACH STATE FISCAL YEAR, THE STATE AUDITOR'S OFFICE SHALL PREPARE A PROGRESS REPORT ON THE EVALUATION REQUIRED PURSUANT TO THIS SECTION AND SHALL PRESENT SUCH REPORT TO THE MEMBERS OF THE AUDIT COMMITTEE AND THE WELFARE OVERSIGHT COMMITTEE AT A PUBLIC MEETING.

(b)  NO LATER THAN SIXTY DAYS AFTER THE COMPLETION OF THE EVALUATION, THE STATE AUDITOR'S OFFICE SHALL PREPARE A FINAL REPORT ON THE EVALUATION AND SHALL PRESENT SUCH REPORT TO THE MEMBERS OF THE AUDIT COMMITTEE AND THE WELFARE OVERSIGHT COMMITTEE AT A PUBLIC HEARING.

(4) (a)  THE GOALS OF THE EVALUATION SHALL BE TO OBTAIN AN OBJECTIVE ANALYSIS OF THE OUTCOMES REALIZED AS A RESULT OF THE IMPLEMENTATION OF THE WORKS PROGRAM. SUCH OUTCOMES SHALL BE:

(I)  THE NUMBER OF ADULTS WHO LEAVE THE WORKS PROGRAM FOR EMPLOYMENT;

(II)  EXTENT TO WHICH JOB PLACEMENTS RESULT IN JOB RETENTION;

(III)  THE RATE AT WHICH PARTICIPANTS RETURN TO THE PROGRAM AFTER PERIODS OF EMPLOYMENT;

(IV)  EXTENT TO WHICH JOB PLACEMENTS ARE LEADING PARTICIPANTS TO LONG­TERM SELF SUFFICIENCY;

(V)  THE NUMBER OF ADULTS WHO LEAVE THE WORKS PROGRAM FOR OTHER REASONS;

SB 98-185

(Cont.)

(VI)  THE IMPACT OF THE IMPLEMENTATION OF THE WORKS PROGRAM ON THE MEDICAID, CHILD CARE, AND CHILD WELFARE PROGRAMS OPERATED IN THE STATE.

(b)  BASELINE YEAR IS STATE FISCAL YEAR 1997­98.

(5)  THE EVALUATION SHALL NOT DUPLICATE THE MONITORING AND OVERSIGHT RESPONSIBILITIES OF THE STATE DEPARTMENT PURSUANT TO SECTION 26­2­712 NOR SHALL IT SEEK TO ADDRESS ANY INDIVIDUAL COUNTY'S IMPLEMENTATION OF THE WORKS PROGRAM PURSUANT TO THE TERMS OF SUCH COUNTY'S PERFORMANCE CONTRACT WITH THE STATE DEPARTMENT.

(6)  THE STATE AUDITOR'S OFFICE AND THE ENTITY THAT CONDUCTS THE EVALUATION SHALL HAVE ACCESS TO THE FOLLOWING DOCUMENTS AND RECORDS IN CONNECTION WITH THE WORKS PROGRAM:

(a)  ALL RECORDS, DOCUMENTS, AND REPORTS MAINTAINED BY THE STATE DEPARTMENT;

(b)  ALL COUNTY PLANS FOR THE IMPLEMENTATION OF THE WORKS PROGRAM.

(7)  THE ENTITY THAT CONDUCTS THE EVALUATION SHALL REPORT ON A QUARTERLY BASIS TO THE STATE AUDITOR'S OFFICE CONCERNING ITS PROGRESS IN COMPLETING THE EVALUATION PURSUANT TO THE TERMS OF THIS SECTION.

(8)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2004.".

Renumber succeeding sections accordingly.

Strike pages 12 through 14, and substitute the following:

(Continued next page)

SB 98-185

(Cont.)

SB 98-185

(Cont.)

SB 98-185

(Cont.)

SB 98-185

(Cont.)

Page 16, strike lines 1 through 13 and substitute the following:

"SECTION 6.  Footnote 71 of part VII of section 2, as enacted by House Bill 98­1401, enacted at the Second Regular Session of the Sixty­first General Assembly, is repealed as follows:

71 Department of Human Services, Self­Sufficiency, Colorado Works Program, County Block Grants ­­ It is the intent of the General Assembly that the amount appropriated from county funds be allocated among counties based on the county's proportionate share of expenditures on the Aid to Families with Dependent Children program, Job Opportunities and Basic Skills program, and the administrative costs related to those programs in state fiscal year 1996­1997, as compared to the total level of spending for all counties for state fiscal year 1996­1997. It is further the intent of the General Assembly that the balance of the appropriation be allocated among counties using the same basis described above for the county funds.

SECTION 7.  Part VII of section 2, as enacted by House Bill 98­1401, enacted at the Second Regular Session of the Sixty­first General Assembly, is amended BY THE ADDITION OF A NEW FOOTNOTE to read:

71a DEPARTMENT OF HUMAN SERVICES, SELF­SUFFICIENCY, COLORADO WORKS PROGRAM, COUNTY BLOCK GRANTS ­­ IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE APPROPRIATION OF LOCAL FUNDS FOR COLORADO WORKS PROGRAM COUNTY BLOCK GRANTS MAY BE DECREASED BY A MAXIMUM OF $100,000 TO REDUCE ONE OR MORE SMALL COUNTIES' FISCAL YEAR 1998­99 TARGETED SPENDING LEVEL, PURSUANT TO SECTION 26­2­714 (8), C.R.S.

SECTION 8.  Appropriation. In addition to any other appropriation, there is hereby appropriated, to the legislative department, for allocation to the state auditor, for the fiscal year beginning July 1, 1997, the sum of one million five hundred thousand dollars ($1,500,000), or so much thereof as may be necessary, for the implementation of this act. Said sum shall be from the federal Temporary Assistance to Needy Families Block Grant.

SECTION 9.  Appropriation ­ adjustments to the 1998 long bill. (1)  For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows:

(a)  The appropriation to the department of human services, self­sufficiency, Colorado works program, for the long­term works reserve fund, is decreased by one million five hundred thousand dollars ($1,500,000). Said sum shall be from federal funds.

SECTION 10.  Appropriation. In addition to any other appropriation, there is hereby appropriated, to the legislative department, for allocation to the state auditor, for the fiscal year beginning July 1, 1998, the sum of one million five hundred thousand dollars ($1,500,000), or so much thereof as may be necessary, for the implementation of this act. Said sum shall be from the federal Temporary Assistance to Needy Families Block Grant.".

Renumber succeeding section accordingly.

MESSAGE FROM THE HOUSE

April 13, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1220, amended as printed in House Journal, April 9, pages 1254-1256;

HB98-1267, amended as printed in House Journal, April 9, pages 1256-1264;

HB98-1281, amended as printed in House Journal, April 9, page 1264.

The House has adopted and transmits herewith HJM98-1001, as printed in House Journal, April 8, pages 1239-1240, and amended as printed in House Journal April 13.

MESSAGE FROM THE REVISOR

April 13, 1998

We herewith transmit:

without comment, as amended, HB98-1220, 1267, and 1281.

______________________________

On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Monday, April 13, was laid over until Tuesday, April 14, retaining its place on the calendar.

______________________________

JOURNAL CORRECTION

Senate Journal, April 9, page 740, line 48, strike "54,257,867" and substitute "54,275,867".

TRIBUTES--A POINT OF INTEREST

Honoring Justin P. Farmer by Senator Mutzebaugh

Honoring John and Darlene Krajeski by Senator Bishop

Honoring the United Way of Pueblo County by Senator Dennis and Representative Lawrence

Honoring Cedelia Montoya by Senator Dennis

Honoring the Pueblo Chapter of American GI Forum

Memorializing Eugene M. McGinnis by Senator Dennis


On motion of Senator Powers, the Senate adjourned until 9:00 a.m., Tuesday,

April 14, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate