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SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

48th Legislative Day Monday, February 23, 1998


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

Order

Prayer By the chaplain, Dr. Mel Taylor.

Roll Call Present--Total, 33.

Absent/Excused--Lacy, Wells--Total, 2.

Present later--Lacy, Wells.

Quorum The President announced a quorum present.

Reading of On motion of Senator Congrove, reading of the Journal of February 20th was dispensed

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 98-179.

Services

Correctly engrossed: 98-99.

COMMITTEE OF REFERENCE REPORTS

Judiciary After consideration on the merits, the committee recommends that SB 98-68 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 3, strike "requires:" and substitute "requires,";

line 4, strike "(a) "Motor" and substitute "(a) "motor";

strike lines 7 through 9 and substitute the following:

"(b)  "Vehicle identification number" means the serial number placed upon the motor vehicle by the manufacturer thereof or assigned to the motor vehicle by the department of revenue.";

line 11, strike "obtains" and substitute "obtains, POSSESSES,";

Page 3, line 15, strike "FIVE HUNDRED" and substitute "TWO THOUSAND";

line 18, strike "FIVE HUNDRED." and substitute "TWO THOUSAND.";

strike lines 19 through 26, and substitute the following:


SB 98-68


(Cont.)

"(4)  A person commits aggravated motor vehicle theft in the second degree if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and if none of the aggravating factors in subsection (2) of this section are present. Aggravated motor vehicle theft in the second degree is a class 2 misdemeanor but is a class 5 felony if committed by a person who has been twice previously convicted or adjudicated of charges separately brought and tried either in this state or elsewhere of an offense involving theft of a motor vehicle under the laws of this state, any other state, the United States, or any territory subject to the jurisdiction of the United States, even though none of the aggravating factors set forth in subsection (2) of this section are present.". CONSISTENT WITH SECTION 18-1-202, WHERE MOTOR VEHICLE THEFT INVOLVES THE COMMISSION OF THEFT OF A MOTOR VEHICLE IN ONE JURISDICTION AND THE RECOVERY OF THE MOTOR VEHICLE IN ANOTHER JURISDICTION, PROSECUTION IS PROPER IN THE JURISDICTION WHERE THE THEFT OCCURRED, THE JURISDICTION THROUGH WHICH THE MOTOR VEHICLE WAS OPERATED OR TRANSPORTED, OR THE JURISDICTION IN WHICH THE MOTOR VEHICLE WAS RECOVERED.".

Strike page 4.

Page 5, strike line 1 and insert the following:

"SECTION 2. 18­17­103 (5) (b) (II), Colorado Revised Statutes, is amended to read:

18­17­103. Definitions. As used in this article, unless the context otherwise requires:

(5)  "Racketeering activity" means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit:

(b)  Any violation of the following provisions of the Colorado statutes or any criminal act committed in any jurisdiction of the United States which, if committed in this state, would be a crime under the following provisions of the Colorado statutes:

(II)  Offenses against property, as defined in sections 18­4­102 (first degree arson), 18­4­103 (second degree arson), 18­4­104 (third degree arson), 18­4­105 (fourth degree arson), 18­4­202 (first degree burglary), 18­4­203 (second degree burglary), 18­4­301 (robbery), 18­4­302 (aggravated robbery), 18­4­303 (aggravated robbery of controlled substances), 18­4­401 (theft), 18­4­402 (theft of rental property), 18­4­409 (aggravated motor vehicle theft), 18­4­410 (theft by receiving), and 18­4­501 (criminal mischief);

SECTION 3. 42­2­202 (2) (a) (V), Colorado Revised Statutes, is amended to read:

42­2­202. Habitual offenders ­ frequency and type of violations. (2) (a)  An habitual offender is a person having three or more convictions of any of the following separate and distinct offenses arising out of separate acts committed within a period of seven years:

(V)  Vehicular assault or vehicular homicide, or manslaughter or criminally negligent homicide which THAT results from the operation of a motor vehicle, or aggravated motor vehicle theft, as such offenses are described in title 18, C.R.S.;".

Renumber succeeding sections accordingly.

Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: HB 98-1138

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 98-111 by Sen. Coffman--Appointment Of Former Members

Laid over until Tuesday, February 24, retaining its place on the calendar.

SB 98-99 by Sen. Wham; Rep. Tool--Authorization For Needle Exchange Prog

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


YES 19


NO 15


EXCUSED 1


ABSENT 0


Alexander

N

Feeley

Y

Mutzebaugh

N

Tanner

Y

Ament

N

Hernandez

Y

Pascoe

Y

Tebedo

N

Arnold

N

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

N

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

N

Powers

N

Weddig

Y

Chlouber

N

Lamborn

N

Reeves

Y

Wells

E

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

N

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

N

Matsunaka

Y

Schroeder

N


SB 98-99 A majority of all members elected to the Senate having voted in the affirmative, the bill was

(Cont.) declared PASSED.

Co-sponsors added: Hernandez, Johnson, Linkhart, Tanner.


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:

SB 98-157 by Sen. Tebedo; Rep. Kreutz--Family Child Care Homes

Amendment No. 1, Health, Environment, Welfare and Institutions Amendment

(Printed in Senate Journal, February 12, pages 218-219.)

Amendment No. 2, by Senator Tebedo

Amend printed bill, page 3, line 5, strike ABE DEEMED TO@.

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

SB 98-61 by Sen. Thiebaut--Academic Achievement Tuition Grants

(Amended in General Orders as printed in Senate Journal, February 20, page 302.)

Amendment No. 1, by Senator Thiebaut

Amend the committee amendment, as printed in Senate Journal, February 12, page 220, strike line 9 and substitute the following:

"Amend printed bill, page 2, line 10, strike "LEARNING" and substitute "EDUCATION";

line 11, strike "TOP STUDENTS" and substitute "STUDENTS WITH HIGH ACADEMIC ACHIEVEMENT";

line 12, strike "STATE­SUPPORTED INSTITUTIONS OF HIGHER EDUCATION;" and substitute "INSTITUTIONS OF HIGHER EDUCATION IN THIS STATE;";

strike line 13 and substitute the following:

"(d)  TO HELP STUDENTS WITH HIGH ACADEMIC ACHIEVEMENT WHO ATTEND INSTITUTIONS OF";

after line 20, insert the following:

"(1)  "COMMISSION" MEANS THE COLORADO COMMISSION ON HIGHER EDUCATION.".

Renumber succeeding subsections accordingly.

Strike lines 23 through 26 and substitute the following:

"(3)  "PARTICIPATING INSTITUTION" MEANS AN INSTITUTION OF HIGHER EDUCATION AS DEFINED IN ARTICLE 3.5 OF THIS TITLE. THE COMMISSION SHALL DETERMINE, BY RULE, THE INSTITUTIONS OF HIGHER EDUCATION ELIGIBLE FOR PARTICIPATION IN THE ACADEMIC ACHIEVEMENT GRANT PROGRAM CREATED PURSUANT TO THIS PART 8.".

Page 3, strike lines 1 through 16 and substitute the following:


SB 98-61


(Cont.)

"(4)  "QUALIFIED STUDENT" MEANS A STUDENT WHO:

(a)  HAS CERTIFICATION OF GRADUATION FROM A SCHOOL IN THE STATE PROVIDING SECONDARY EDUCATION OR THE RECOGNIZED EQUIVALENT OF SUCH CERTIFICATION ON OR AFTER MAY 1, 1998;

(b)  MEETS THE CRITERIA ESTABLISHED BY THE COMMISSION PURSUANT TO SECTION 23­3.3­803 (2);

(c)  HAS BEEN ACCEPTED TO ATTEND A PARTICIPATING INSTITUTION; AND

(d)  MEETS THE DEFINITION OF AN IN­STATE STUDENT PURSUANT TO ARTICLE 3.5 OF THIS TITLE.";";

line 13 of the committee amendment, strike ""(4)" and substitute ""(5)";

strike lines 17 through 21 of the committee amendment and substitute the following:

"strike lines 21 through 25 and substitute the following:

"THE PROGRAM SHALL BE IMPLEMENTED BEGINNING WITH THE CLASS SCHEDULED TO GRADUATE IN 1998 AND ENTERING A PARTICIPATING INSTITUTION IN THE FALL OF 1998.

(2)  THE COMMISSION SHALL ANNUALLY IDENTIFY THE STUDENTS IN THE HIGH SCHOOL CLASS SPECIFIED IN SUBSECTION (1) OF THIS SECTION WHO RANK WITHIN THE QUALIFYING PERCENT OF THE CLASS AS DETERMINED BY THE COMMISSION AND WHO MAY RECEIVE GRANTS UNDER THIS PART 8, OR, IN THE CASE OF STUDENTS WHO DO NOT HAVE SUCH A CLASS RANK, RANK MAY BE DETERMINED BY THE COMMISSION BASED UPON A NATIONAL ASSESSMENT TEST SCORE OR OTHER OBJECTIVE MEASUREMENT AS DETERMINED BY THE COMMISSION.".";

strike line 27 of the committee amendment and substitute the following:

"strike lines 4 and 5 and substitute the following:

"STUDENTS WHO MEET THE CRITERIA ESTABLISHED BY THE COMMISSION PURSUANT TO SECTION 23­3.3­803 (2).";";

line 38 of the committee amendment, strike "THE" and substitute "THE";

after line 40 of the committee report, insert the following:

"line 21, strike "AND";";

line 46 of the committee amendment, strike "COMMISSION." and substitute "COMMISSION; AND";

after line 59 of the committee amendment, insert the following:

"after line 23, insert the following:

"23­3.3­806. Determination of invalidity. A FINAL JUDICIAL DETERMINATION THAT THIS ARTICLE IS INVALID AS APPLIED TO ANY STUDENT SHALL NOT OPERATE TO TERMINATE ANY GRANT PROVIDED PURSUANT TO THIS ARTICLE TO ANY OTHER STUDENT.";".

As amended, declared LOST on Second Reading. (For further action, see page 329, Roll Call Vote.)

SB 98-51 by Sen. Blickensderfer; Rep. McElhany--Mandated State Employee Insurance

Laid over until Tuesday, February 24, retaining its place on the calendar.

SB 98-52 by Sen. Matsunaka; Rep. Johnson--Incentives For State Budget Savings

Laid over until Tuesday, February 24, retaining its place on the calendar.

SB 98-102 by Sen. Linkhart--Entities

(Amended in General Orders as printed in Senate Journal, February 20, page 307.)

Amendment No. 1, by Senators Linkhart and Tebedo

Amend printed bill, page 54, after line 15, insert the following:

ASECTION 57. 7­137­101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

(6) THE BYLAWS OF AN EXISTING CORPORATE ENTITY MAY BE AMENDED AS PROVIDED IN ITS ARTICLES OF INCORPORATION OR BYLAWS. UNLESS OTHERWISE SO PROVIDED, THE POWER TO AMEND SUCH BYLAWS SHALL BE VESTED IN THE BOARD OF DIRECTORS.@

Renumber succeeding sections accordingly.

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

SB 98-69 by Sen. Chlouber; Rep. Sullivant--Preserve Historic Bldgs In Gaming Towns

Laid over until Tuesday, February 24, retaining its place on the calendar.

SB 98-106 by Sen. Phillips; Rep. Gotlieb--Anti­hazing

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, February 13, pages 236-237.)

Amendment No. 2, by Senator Phillips

Amend the committee amendment, as printed in Senate Journal, February 13, page 236, line 50, strike "MENTAL" and substitute "EMOTIONAL";

line 52, strike "EXTREME MENTAL STRESS" and substitute "SEVERE EMOTIONAL DISTRESS";

strike lines 54, and substitute the following:

"OTHER FORCED ACTIVITY THAT CAUSES SEVERE EMOTIONAL DISTRESS TO";

line 55, strike "OF".

Page 237, line 2, strike "MENTAL" and substitute "EMOTIONAL".

As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage. (For further action, see page 329, where the Phillips and Wells amendment to the Report of the Committee of the Whole was adopted and SB 98-106 as amended, did not pass and was laid over until Tuesday, February 24.)

SB 98-159 by Sen. Bishop--Oil/Gas Royalty Payments & Info

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

(Printed in Senate Journal, February 13, page 238.)

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

SB 98-84 by Sen. Mutzebaugh; Rep. Kaufman--Dealer Registration & Titling Vehicles

Laid over until Tuesday, February 24, retaining its place on the calendar.


SB 98-93 by Sen. Linkhart--Property Tax Protest & Appeal Process

Amendment No. 1, Finance Committee Amendment

(Printed in Senate Journal, February 13, pages 240-241.)

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

SB 98-136 by Sen. Mutzebaugh--Jury Service

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, February 13, pages 237-238.)

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

HB 98-1351 by Rep. Grampsas; Senator Lacy--Suppl Approp Dept Of Personnel

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, February 16, page 245.)

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

HB 98-1074 by Rep. McElhany; Senator B. Alexander--Continue Utility Consumers' Board

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 17, page 259.)

Amendment No. 2, by Senator Alexander

Strike the committee amendment, as printed in Senate Journal, February 17, page 259, lines 62 and 63.

Amend reengrossed bill, page 1, line 8, strike "2003." and substitute "2008.".

Page 2, strike lines 6 through 13, and substitute the following:

"SECTION 3.  24­34­104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

24­34­104.  General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (39)  THE FOLLOWING AGENCIES, FUNCTIONS, OR BOTH, SHALL TERMINATE ON JULY 1, 2008: THE UTILITY CONSUMERS' BOARD, CREATED IN ARTICLE 6.5 OF TITLE 40, C.R.S.".

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

HB 98-1078 by Rep. McElhany; Senator B. Alexander--Continue Office Of Consumer Counsel

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 17, page 259.)

Amendment No. 2, by Senator Alexander

Strike the committee amendment, as printed in Senate Journal, February 17, page 259, lines 70 and 71.

Amend reengrossed bill, page 1, line 8, strike "2003." and substitute "2008.".


HB 98-1078


(Cont.)

Page 2, strike lines 6 through 13, and substitute the following:

"SECTION 3.  24­34­104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

24­34­104.  General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (39)  THE FOLLOWING AGENCIES, FUNCTIONS, OR BOTH, SHALL TERMINATE ON JULY 1, 2008: THE OFFICE OF CONSUMER COUNSEL, CREATED IN ARTICLE 6.5 OF TITLE 40, C.R.S.".

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, February 23, were laid over until Tuesday, February 24:

HB 98-1126, 98-1016, 98-1022; SB 98-171; HB 98-1208, 98-1017, 98-1073, 98-1355, 98-1143.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, all Senate Bills shall be moved to the top of the General Orders calendar of Tuesday, February 24 and that all House Bills shall follow SB 98-85 on the General Orders calendar of Tuesday, February 24.

______________________________

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

SB 98-106 by Sen. Phillips; Rep. Gotlieb--Anti­hazing

Senators Phillips and Wells moved to amend the Report of the Committee of the Whole to show that SB 98-106, as amended, did not pass and was laid over until Tuesday, February 24.

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

ROLL CALL VOTE ON SB 98-61

SB 98-61 by Sen. Thiebaut--Academic Achievement Tuition Grants

On the request of Senator Thiebaut, the President ordered a roll call vote on SB 98-61.

Call of Call of Senate.

Senate

Call Raised.


YES 16


NO 19


EXCUSED 0


ABSENT 0


Alexander

N

Feeley

Y

Mutzebaugh

NE

Tanner

Y

Ament

N

Hernandez

Y

Pascoe

Y

Tebedo

N

Arnold

N

Hopper

N

Perlmutter

Y

Thiebaut

Y

Bishop

NY

Johnson

Y

Phillips

Y

Wattenberg

N

Blickensderfer

N

Lacy

N

Powers

N

Weddig

Y

Chlouber

N

Lamborn

Y

Reeves

Y

Wells

N

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

N

Congrove

N

Martinez

Y

Rupert

Y

Mr. President

N

Dennis

N

Matsunaka

Y

Schroeder

N


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 98-157 as amended, 98-102 as amended, 98-159 as amended, 98-93 as amended, 98-136 as amended; HB 98-1351 as amended, 98-1074 as amended, 98-1078 as amended, declared passed on Second Reading.

SB 98-61 as amended, declared lost on Second Reading.

SB 98-51, 98-52, 98-69, 98-84; HB 98-1126, 98-1016, 98-1022; SB 98-171; HB 98-1208, 98-1017, 98-1073, 98-1355, 98-1143, laid over until Tuesday, February 24.

SB 98-106 as amended, laid over until Tuesday, February 24

.

COMMITTEE OF REFERENCE REPORT

Education After consideration on the merits, the committee recommends that SB 98-128 be

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

Amend printed bill, strike everything below the enacting clause, and substitute the following:

"SECTION 1. 23­3.3­205, Colorado Revised Statutes, is amended to read:

23­3.3­205. Dependents of deceased or permanently disabled national guardsman, law enforcement officer, or firefighter. (1) (a)  Any dependent of a person who died or was permanently disabled while on state active duty, federalized active duty, or authorized training duty as a Colorado national guardsman or any dependent of any person who has been permanently disabled or killed while acting to preserve the public peace, health, and safety in the capacity of police officer, sheriff, or other law enforcement officer or firefighter, upon being accepted for enrollment into any institution, shall be permitted to pursue studies leading toward a bachelor's degree or a certificate of completion, free of tuition, for so long as said dependent achieves and maintains standards as set by the institution for its students generally, but said benefits shall not be extended beyond twelve academic quarters or eight academic semesters, as the case may be. Such dependents pursuing studies at an institution that is not a state institution shall be eligible for assistance not to exceed the average cost of undergraduate instruction calculated for a full­time equivalent student at a comparable state institution for the previous year. The institutions or the commission shall provide tuition assistance to such qualified students from appropriated student financial assistance funds.

(b)  THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (1) SHALL APPLY TO ALL ELIGIBLE DEPENDANTS WHO, AS OF JANUARY 1, 1999, ARE OVER SIXTEEN YEARS OF AGE.

(1.5) (a)  ANY DEPENDENT, NOT OVER THE AGE OF SIXTEEN YEARS AS OF JANUARY 1, 1999, OF A PERSON WHO DIED OR WAS PERMANENTLY DISABLED WHILE ON STATE ACTIVE DUTY, FEDERALIZED ACTIVE DUTY, OR AUTHORIZED TRAINING DUTY AS A COLORADO NATIONAL GUARDSMAN OR ANY DEPENDENT OF ANY PERSON WHO HAS BEEN PERMANENTLY DISABLED OR KILLED WHILE ACTING TO PRESERVE THE PUBLIC PEACE, HEALTH, AND SAFETY IN THE CAPACITY OF POLICE OFFICER, SHERIFF, OR OTHER LAW ENFORCEMENT OFFICER OR FIREFIGHTER, UPON BEING ACCEPTED FOR ENROLLMENT INTO ANY INSTITUTION, SHALL BE ENTITLED TO FINANCIAL ASSISTANCE FOR THE PURSUIT OF STUDIES LEADING TOWARD A BACHELOR'S DEGREE OR A CERTIFICATE OF COMPLETION. FINANCIAL ASSISTANCE UNDER THIS PARAGRAPH (a) SHALL BE IN THE FORM OF THE PURCHASE OF AN ADVANCE PAYMENT CONTRACT OR CONTRACTS PURSUANT TO PART 2 OF ARTICLE 3.1 OF THIS TITLE.

(b) (I)  IF THE SURVIVING PARENT OR LEGAL GUARDIAN OF A DEPENDENT ELIGIBLE FOR BENEFITS UNDER PARAGRAPH (a) OF THIS SUBSECTION (1.5) NOTIFIES THE COMMISSION ON OR BEFORE ONE YEAR OF THE DEPENDANT BECOMING ELIGIBLE, THE COMMISSION SHALL PURCHASE IN ITS NAME ON BEHALF OF THE DEPENDENT FOUR HUNDRED TWENTY TUITION UNITS FOR THE ESTIMATED FIRST PAYOUT DATE.


SB 98-128


(Cont.)

(II)  IF THE ADVANCE PAYMENT CONTRACTS ARE INSUFFICIENT TO PAY ALL OF THE TUITION COSTS FOR ANY ELIGIBLE DEPENDANT UNDER THIS PARAGRAPH (b), THE INSTITUTION OR THE COMMISSION SHALL PROVIDE ADDITIONAL TUITION ASSISTANCE TO SUCH QUALIFIED DEPENDENTS FROM APPROPRIATED FINANCIAL ASSISTANCE FUNDS.

(III)  IF AN ELIGIBLE DEPENDENT UNDER THIS PARAGRAPH (b) PURSUES STUDIES AT AN INSTITUTION THAT IS NOT A STATE INSTITUTION, THE DEPENDENT SHALL BE ELIGIBLE FOR ASSISTANCE NOT TO EXCEED THE AVERAGE COST OF UNDERGRADUATE INSTRUCTION CALCULATED FOR A FULL­TIME EQUIVALENT STUDENT AT A COMPARABLE STATE INSTITUTION FOR THE PREVIOUS YEAR.

(c) (I)  IF THE COMMISSION IS NOTIFIED OF AN ELIGIBLE DEPENDANT MORE THAN ONE YEAR AFTER THE DEPENDENT BECOMES ELIGIBLE, THE COMMISSION SHALL PURCHASE IN ITS NAME ON BEHALF OF THE DEPENDENT THE NUMBER OF TUITION UNITS THAT MAY BE PURCHASED FOR THE AMOUNT THAT THE COMMISSION WOULD HAVE PAID TO PURCHASE FOUR HUNDRED TWENTY UNITS ON OR BEFORE ONE YEAR AFTER THE DEPENDENT BECAME ELIGIBLE.

(II)  IF THE ADVANCE PAYMENT CONTRACTS ARE INSUFFICIENT TO PAY ALL OF THE TUITION COSTS FOR ANY ELIGIBLE DEPENDANT UNDER THIS PARAGRAPH (c), THE INSTITUTION OR THE COMMISSION SHALL PROVIDE ADDITIONAL TUITION ASSISTANCE TO SUCH QUALIFIED DEPENDENTS FROM APPROPRIATED FINANCIAL ASSISTANCE FUNDS, BUT ANY FINANCIAL ASSISTANCE IN ADDITION TO THE ADVANCE PAYMENT CONTRACTS SHALL NOT INCLUDE ANY AMOUNTS THAT WOULD HAVE BEEN INCLUDED WITHIN THE ADVANCE PAYMENT CONTRACT IF IT HAD BEEN PURCHASED WITHIN ONE YEAR OF THE DEPENDENT BECOMING ELIGIBLE.

(III) IF AN ELIGIBLE DEPENDENT UNDER THIS PARAGRAPH (c) PURSUES STUDIES AT AN INSTITUTION THAT IS NOT A STATE INSTITUTION, THE DEPENDENT SHALL BE ELIGIBLE FOR ASSISTANCE NOT TO EXCEED THE AVERAGE COST OF UNDERGRADUATE INSTRUCTION CALCULATED FOR A FULL­TIME EQUIVALENT STUDENT AT A COMPARABLE STATE INSTITUTION FOR THE PREVIOUS YEAR LESS ANY AMOUNTS EXCLUDED PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH (c) DUE TO THE ADVANCE PAYMENT CONTRACT NOT HAVING BEEN PURCHASED WITHIN IN ONE YEAR OF THE DEPENDENT BECOMING ELIGIBLE.

(d)  AN ELIGIBLE DEPENDENT MAY APPLY FOR ASSISTANCE THROUGH THE PREPAID TUITION CONTRACTS UNDER THIS SUBSECTION (1.5) AT ANY TIME UNTIL THE DEPENDENT REACHES THE AGE OF TWENTY­FIVE. IF A DEPENDENT FOR WHOM A PREPAID TUITION CONTRACT WAS PURCHASED REACHES THE AGE OF TWENTY­FIVE WITHOUT HAVING USED ANY OR ALL OF THE TUITION UNITS, THE COMMISSION SHALL REQUEST A REFUND OF THE CONTRACT THAT SHALL BE PAID TO THE GENERAL FUND; EXCEPT THAT, IF AN ELIGIBLE DEPENDENT IS ENROLLED IN AN INSTITUTION OF HIGHER EDUCATION AT THE TIME THE DEPENDENT REACHES THE AGE OF TWENTY­FIVE, THE PREPAID TUITION CONTRACT SHALL NOT BE REFUNDED SO LONG AS THE DEPENDENT IS STILL ENROLLED IN AN INSTITUTION OF HIGHER EDUCATION AND IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER THIS SECTION.

(2)  Benefits under this section shall be allowed only to those qualified dependents who are not eligible for educational benefits provided by the federal government. and those qualified dependents whose eligibility for benefits under this section is determined pursuant to paragraph (b) of subsection (3) of this section must also be determined by the commission to be in need of financial assistance.

(3)  An individual who was permanently disabled while on state active duty, federalized active duty, or authorized training duty as a Colorado national guardsman is permanently disabled for the purpose of determining eligibility of dependents to qualify for educational benefits if such individual is ineligible for retention as a member of the national guard and is unable to engage in any substantial full­time gainful activity by reason of medically determinable physical or mental impairment which can be expected to result in death or which has lasted for a continuous period of not less than twelve months and exists at the time the dependent seeks entry into an institution.


SB 98-128


(Cont.)

(b)  An individual who has been permanently disabled while acting to preserve the public peace, health, and safety in the capacity of police officer, sheriff, or other law enforcement officer or firefighter is permanently disabled for the purpose of determining eligibility of dependents to qualify for educational benefits if such individual is, as a result of the disability, unable to perform in the position to which he or she was regularly assigned at the time he or she became disabled.

SECTION 20  Part 2 of article 3.1 of title 23, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

23­3.1­225.  Confidentiality of records. (1)  NOTWITHSTANDING THE PROVISIONS OF PART 2 OF ARTICLE 72 OF TITLE 24, C.R.S., THE FOLLOWING DATA, INFORMATION, AND RECORDS RELATING TO THE PREPAID EXPENSE TRUST FUND SHALL BE KEPT CONFIDENTIAL BY THE AUTHORITY, AND THE AUTHORITY SHALL DENY THE RIGHT OF ACCESS TO OR INSPECTION OF SUCH DATA, INFORMATION, AND RECORDS EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION:

(a)  DATA AND INFORMATION COLLECTED BY OR FURNISHED TO OR ON BEHALF OF THE AUTHORITY IN CONNECTION WITH THE PREPAID EXPENSE TRUST FUND MAINTAINED AND ADMINISTERED BY THE AUTHORITY UNDER THIS PART 2, INCLUDING ALL INFORMATION SUBMITTED BY PURCHASERS OF ADVANCE PAYMENT CONTRACTS;

(b)  RECORDS, DATA, AND INFORMATION COMPILED, HELD, MAINTAINED, OR DISSEMINATED BY OR ON BEHALF OF THE AUTHORITY IN CONNECTION WITH THE PREPAID EXPENSE TRUST FUND, EXCEPT FOR INFORMATION COMPILED IN THE REPORT PURSUANT TO SUBSECTION (2) OF THIS SECTION; AND

(c)  TRADE SECRETS, COMMERCIAL DATA, OR FINANCIAL DATA DEVELOPED OR OBTAINED BY OR ON BEHALF OF THE AUTHORITY IN CONNECTION WITH THE PREPAID EXPENSE TRUST FUND.

(2)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION:

(a)  THE AUTHORITY MAY DISCLOSE AND MAY PROVIDE THE RIGHT OF ACCESS TO OR INSPECTION OF ANY DATA, INFORMATION, OR RECORDS AS PROVIDED IN AN ADVANCE PAYMENT CONTRACT OR CONTRACTS, TO AGENTS OR REPRESENTATIVES OF PROFESSIONALS ENGAGED BY THE AUTHORITY, OR IF THE PURCHASER OR PURCHASERS OF THE ADVANCE PAYMENT CONTRACT OR CONTRACTS HAVE CONSENTED IN WRITING TO THE DISCLOSURE TO THIRD PARTIES;

(b)  THE AUTHORITY MAY DISCLOSE AND PROVIDE THE RIGHT OF ACCESS TO THE REPORTS CONCERNING THE PREPAID EXPENSE TRUST FUND THE AUTHORITY IS REQUIRED TO PREPARE PURSUANT TO SECTION 23­3.1­221.

(3)  NO CAUSE OF ACTION SHALL ARISE AGAINST A PERSON FOR DISCLOSING CONFIDENTIAL INFORMATION IN VIOLATION OF SUBSECTION (1) OF THIS SECTION UNLESS THE ACT OR OMISSION GIVING RISE TO THE CAUSE OF ACTION WAS INTENTIONAL OR GROSSLY NEGLIGENT.

SECTION 30  24­72­202 (6) (b), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

24­72­202. Definitions. As used in this part 2, unless the context otherwise requires:

(6) (b)  "Public records" does not include:

(III)  DATA, INFORMATION, AND RECORDS RELATING TO THE COLORADO PREPAID POSTSECONDARY EDUCATION EXPENSE TRUST FUND ESTABLISHED IN SECTION 23­3.1­206.7 (5), C.R.S.

SECTION 4. 23­3.1­206.7 (5) (a), Colorado Revised Statutes, is amended to read:


SB 98-128


(Cont.)

23­3.1­206.7. Education expense program ­ feasibility study. (5) (a)  The Colorado prepaid postsecondary education expense trust fund is hereby created. The prepaid expense trust fund shall consist of moneys remitted by purchasers AND RECEIVABLES FOR MONEYS REMITTED in accordance with advance payment contracts, moneys acquired from governmental and private sources, and general fund appropriations, if any. All interest derived from the deposit and investment of moneys in the prepaid expense trust fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the prepaid expense trust fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.

SECTION 5.  Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".

MESSAGE FROM THE HOUSE

February 23, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1060, amended as printed in House Journal, February 20, pages 707-713;

HB98-1192, amended as printed in House Journal, February 20, page 704;

HB98-1327, amended as printed in House Journal, February 20, pages 704-705;

HB98-1335, amended as printed in House Journal, February 20, pages 706-707.

The House has voted to concur in the Senate amendments to HB98-1031, 1043 and has repassed the bills as so amended.

MESSAGE FROM THE REVISOR

February 23, 1998

We herewith transmit:

without comment, as amended, HB98-1060, 98-1192, 98-1327, 98-1335.

______________________________

On motion of Senator Wells, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, the Senate Rules were suspended and all Senate Bills on the General Orders calendar of Tuesday, February 24, were advanced in front of House Bills.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Monday, February 23, was laid over until Tuesday, February 24, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring Adam Oberheu by Senators Alexander and Chlouber and Representatives Alexander and Smith







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

February 24, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate