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