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SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

52nd Legislative Day Friday, February 27, 1998


Call to By the President at 9:00 a.m.

Order

Prayer By the chaplain, Dr. Mel Taylor.

Roll Call Present--Total, 30.

Absent/Excused--Perlmutter, Schroeder, Tanner, Wattenberg--Total, 4.

Absent--Powers--Total, 1.

Present later--Perlmutter, Powers, Schroeder.

Quorum The President announced a quorum present.

Reading of On motion of Senator Congrove, reading of the Journal of February 26th was dispensed

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

COMMITTEE OF REFERENCE REPORTS

Business After consideration on the merits, the committee recommends that SB 98-142 be

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

and Labor favorable recommendation:

Amend printed bill, page 11, strike lines 25 and 26.

Strike pages 12 through 29 and substitute the following:

"40­3.2­102.  Recovery of air quality improvement costs. (1)  A PUBLIC UTILITY SHALL BE ENTITLED TO FULLY RECOVER FROM ITS RETAIL CUSTOMERS THE AIR QUALITY IMPROVEMENT COSTS THAT IT PRUDENTLY INCURS AS A RESULT OF A VOLUNTARY AGREEMENT ENTERED INTO PURSUANT TO PART 12 OF ARTICLE 7 OF TITLE 25, C.R.S., AFTER THE EFFECTIVE DATE OF THIS ARTICLE.

(2)  FOR THE PURPOSES OF THIS ARTICLE, "AIR QUALITY IMPROVEMENT COSTS" MEANS THE INCREMENTAL LIFE­CYCLE COSTS INCLUDING CAPITAL, OPERATING, MAINTENANCE, FUEL, AND FINANCING COSTS INCURRED OR TO BE INCURRED BY A PUBLIC UTILITY AT ELECTRIC GENERATING FACILITIES LOCATED IN COLORADO.

(3)  UPON APPLICATION BY A PUBLIC UTILITY FOR COST RECOVERY, THE COMMISSION SHALL DETERMINE AN APPROPRIATE METHOD OF COST RECOVERY THAT ASSURES FULL COST RECOVERY FOR THE PUBLIC UTILITY. THE AIR QUALITY IMPROVEMENT COSTS RECOVERED BY THE PUBLIC UTILITY SHALL NOT CAUSE AN AVERAGE RATE IMPACT GREATER THAN THE EQUIVALENT OF ONE AND ONE­HALF MILLS PER KILOWATT HOUR IN ANY PERIOD. THE AIR QUALITY IMPROVEMENT COSTS FOR A GENERATING FACILITY SHALL BE RECOVERED OVER A PERIOD OF FIFTEEN YEARS OR LESS.

(4)  ANY REVENUES A PUBLIC UTILITY RECEIVES FROM TRANSFERRING, SELLING, BANKING, OR OTHERWISE USING ALLOWANCES ESTABLISHED UNDER TITLE IV OF THE FEDERAL "CLEAN AIR ACT" OR UNDER ANY OTHER TRADING PROGRAM OF REGIONAL OR NATIONAL APPLICABILITY SHALL BE CREDITED TO THE PUBLIC UTILITY'S CUSTOMERS TO OFFSET AIR QUALITY IMPROVEMENT COSTS IF SUCH REVENUES ARE A RESULT OF A VOLUNTARY AGREEMENT ENTERED INTO UNDER PART 12 OF ARTICLE 7 OF TITLE 25, C.R.S.

SB 98-142

(Cont.)

(5)  TO THE EXTENT THAT A VOLUNTARY AGREEMENT ENTERED INTO UNDER PART 12 OF ARTICLE 7 OF TITLE 25, C.R.S., DOES NOT INCREASE THE PUBLIC UTILITY'S ELECTRIC GENERATING CAPACITY THE VOLUNTARY AGREEMENT SHALL NOT BE SUBJECT TO ANY RESTRICTIONS THAT ARISE FROM THE COMMISSION'S INTEGRATED RESOURCES PLANNING RULES.

(6)  THE COMMISSION SHALL ASSURE THAT ANY FUTURE INDUSTRY RESTRUCTURING DOES NOT ADVERSELY AFFECT THE ABILITY OF THE PUBLIC UTILITY TO RECOVER ITS AIR QUALITY IMPROVEMENT COSTS. NOTHING IN THIS SECTION SHALL PREVENT THE COMMISSION FROM CONSIDERING THE APPROPRIATE VALUE, INCLUDING MARKET VALUE, OF A PUBLIC UTILITY'S GENERATION ASSETS IN ANY FUTURE INDUSTRY RESTRUCTURING PROCEEDING.".

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

Affairs referred favorably to the Committee of the Whole: HB 98-1038

and Labor

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

Affairs referred favorably to the Committee of the Whole: HB 98-1080

and Labor

Business After consideration on the merits, the committee recommends that HB 98-1055 be

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

and Labor favorable recommendation:

Amend reengrossed bill, page 1, strike line 10 and substitute the following:

"PERMISSION NEED NOT BE SOUGHT IF EACH PARTY IS REPRESENTED BY AN".

Page 2, strike line 1 and substitute the following:

"ATTORNEY, AND THE PARTIES AGREE TO ENGAGE IN DISCOVERY. The".

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

of the for consideration of General Orders and Senator Mutzebaugh 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:

Senate in recess.

Senate reconvened.

SB 98-161 by Sen. Wells; Rep. Anderson--Legislative Appropriation Bill

Laid over until Monday, March 2, retaining its place on the calendar.

SB 98-85 by Sen. Schroeder--Rural Internet Access Enterprise Zones

Laid over until Monday, March 2, retaining its place on the calendar. (For further action, see page 365, where SB 98-85 was made Special Orders and, as amended, was ordered engrossed and placed on the calendar for Third Reading and Final Passage.)

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, SB 98-166; HB 98-1126 and 98-1016, were laid over until Monday, March 2, retaining their place on the calendar.

______________________________

HB 98-1022 by Rep. Tucker; Senator Reeves--Qualified Fire & Police Pension Plans

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1208 by Rep. S. Williams; Sen. Wattenberg--Except School Employees From Skills Test

Laid over until Monday, March 2, retaining its place on the calendar.

HB 98-1073 by Rep. McElhany; Senator Mutzebaugh--Continuation Of MEGA Board

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1355 by Rep. Grampsas; Senator Lacy--Suppl Approp Dept Of Revenue

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1143 by Rep. Spradley; Senator Arnold--PERA Health Coverage for Children

Laid over until Monday, March 2, retaining its place on the calendar.

HB 98-1076 by Rep. Paschall; Senator Wham--Continues The Compliance Advisory Panel

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1210 by Rep. Tupa; Senator Wham--Infant Immunization Tracking System

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1071 by Rep. Schauer; Sen. Ament--Clarify Definition Of Substitute Teacher

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1139 by Rep. Leyba; Senator Chlouber--Tobacco­free Schools

Laid over until Monday, March 2, retaining its place on the calendar.

HB 98-1109 by Rep. Taylor; Senator Ament--Fed Resp Visibility Monitor Class I Areas

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1149 by Rep. Morrison; Senator Wham--Health Care Task Force

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

(Printed in Senate Journal, February 20, pages 295-296.)

Amendment No. 2, by Senator Wham

Amend the committee amendment, as printed in the Senate Journal, February 20, page 296, after line 16, insert the following:

"line 7, after "ORGANIZATIONS," insert "ORGANIZATIONS CONCERNED WITH INDIGENT CARE,";

strike lines 21 through 34 of the amendment and substitute the following:

"strike lines 13 through 18 and substitute the following:

"(II)  THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES, TWO OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND ONE OF WHOM SHALL BE APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES;

HB 98-1149

(Cont.)

(III)  THREE MEMBERS OF THE SENATE, TWO OF WHOM SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE, AND ONE OF WHOM SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE.".".

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

HB 98-1017 by Rep. Leyba; Senator Powers--Racing Commission Authority

Laid over until Monday, March 2, retaining its place on the calendar.

HB 98-1015 by Rep. Leyba; Senator Wham--Medication Administration Program

Laid over until Monday, March 2, retaining its place on the calendar.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, HB 98-1054*, 98-1026, and 98-1047, were laid over until Monday, March 2, retaining their place on the calendar.(*For further action, see page 365, where HB 98-1054 was made Special Orders and ordered revised and placed on the calendar for Third Reading and Final Passage.)

______________________________

HB 98-1358 by Rep. Grampsas; Senator Lacy--Suppl Approp Capital Construction

Laid over until Monday, March 2, retaining its place on the calendar.

SB 98-128 by Sen. Wells--Prepaid College Education Fund

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, February 23, pages 330-333.)

Amendment No. 2, by Senator Wells

Amend the committee amendment, as printed in Senate Journal, February 23, page 333, line 3, after "MONEYS", insert "DUE TO BE".

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

HB 98-1230 by Rep. Chavez; Sen. Weddig --Self Affirmation On Absentee Ballots

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1067 by Rep. Tate; Senator Matsunaka--Unemployment Insurance Cleanup

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1097 by Rep. Leyba; Senator Matsunaka--Unemployment Insurance Def Of Employer

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1119 by Rep. Tate; Senator Wattenberg--Banking ATM Conform To Fed

Laid over until Monday, March 2, retaining its place on the calendar.

HB 98-1273 by Rep. K. Alexander; Senator Congrove--School Bus Operation Safety

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, February 25, page 356.)

HB 98-1273 As amended, ordered revised and placed on the calendar for Third Reading and Final

(Cont.) Passage.

HB 98-1116 by Rep. Pankey; Senator Ament--Elim Restrict RTD Bus Service Contracts

Laid over until Monday, March 2, retaining its place on the calendar.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

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

HB 98-1022, 98-1073, 98-1355, 98-1076, 98-1210, 98-1071, 98-1109, 98-1230, 98-1067, 98-1097, declared passed on Second Reading.

SB 98-128 as amended; HB 98-1149 as amended, 98-1273 as amended, declared passed on Second Reading.

SB 98-161, 98-85, 98-166; HB 98-1126, 98-1016, 98-1208, 98-1143, 98-1139, 98-1017, 98-1015, 98-1054, 98-1026, 98-1047, 98-1358, 98-1119, 98-1116, laid over until Monday, March 2, retaining their place on the calendar.

__________________________

On motion of Senator Wells, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SB 98-85 and HB 98-1054 were made Special Orders at 11:40 a.m.

__________________________

Committee The hour of 11:40 a.m. having arrived, Senator Mutzebaugh moved that the Senate resolve

of the itself into Committee of the Whole for consideration of Special Orders and Senator

Whole Mutzebaugh was called to the chair to act as Chairman.

SPECIAL ORDERS--SECOND READING OF BILLS--11:40 A.M.

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 98-85 by Sen. Schroeder--Rural Internet Access Enterprise Zones

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, January 27, page 110.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, February 20, page 320.)

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

HB 98-1054 by Rep. McPherson; Sen. Schroeder--Use Of Inmates For Disaster Relief

Ordered revised and placed on the calendar for Third Reading and Final Passage.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

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

HB 98-1054, declared passed on Second Reading.

SB 98-85 as amended, declared passed on Second Reading.



______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of SR 98-7 and SJR 98-9.

______________________________

CONSIDERATION OF RESOLUTIONS

SR 98-7 by Senator Wells--Printing of Concurrent Resolutions

(Printed in Senate Journal, February 9, page 192.)

On motion of Senator Wells, the Resolution was ADOPTED by the following roll call vote:


YES 33

NO 0

EXCUSED 2

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
E

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
E

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

SJR 98-9 by Senator Hopper; Rep. Hagedorn--Colorado Nonprofit Day

On motion of Senator Hopper, the Resolution was ADOPTED by the following roll call vote:


YES 33

NO 0

EXCUSED 2

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
E

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
E

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

______________________________

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 Friday, February 27, was laid over until Monday, March 2, retaining its place on the calendar.

______________________________

SIGNING OF BILLS

The President has signed: HB98-1052, 1084, and 1095.

COMMITTEE OF REFERENCE REPORTS

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1331

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1120

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1024

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

Government referred favorably to the Committee of the Whole: HB 98-1035

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

Government referred favorably to the Committee of the Whole: HB 98-1056

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

Government referred favorably to the Committee of the Whole: HB 98-1064

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1132

Judiciary After consideration on the merits, the committee recommends that SB 98-139 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, line 4, strike "a certified copy of" and substitute "a certified copy of";

line 5, after "order", insert "OR AN AUTHENTICATED COPY OF AN ADMINISTRATIVE ORDER ISSUED BY THE EQUIVALENT OF A STATE CHILD SUPPORT ENFORCEMENT AGENCY OR DELEGATE CHILD SUPPORT ENFORCEMENT UNIT OF ANOTHER STATE";

line 6, strike "state." and substitute "state OR BY A DELEGATE CHILD SUPPORT ENFORCEMENT UNIT OF THIS STATE.".

Page 7, strike lines 25 and 26 and substitute the following:

"14­10­117.  Payment of maintenance or support. (1)  Upon its own motion or upon motion of either party, the court may at any".

Page 8, strike line 4, and substitute "receive the payments.";

line 5, strike "(a) (II).";

strike lines 6 and 7 and substitute the following:

"month. If the support payments are required under THIS SECTION, TITLE 19, C.R.S., OR section 26­13­114 (1), C.R.S., to be made through the family support registry, the court shall".

Page 9, line 6, strike "(2) and" and substitute "(2),";

line 7, strike "14­14­112 (2) (l)," and strike "are" and substitute "is";

strike lines 14 through 24.

Page 10, line 11, strike "(3) (a.5) (I), (3) (c), (3)" and substitute "(3) (c),";

line 12, strike "(e.5),".

Page 11, strike lines 6 and 7 and substitute the following:

"parent or to issue an order against a custodial parent for child custody or parenting time rights or any agent of such court;".

Page 12, strike lines 3 through 7;

strike lines 9 through 11 and substitute the following:

"enforcement unit THE EQUIVALENT OF A STATE CHILD SUPPORT ENFORCEMENT AGENCY OR DELEGATE CHILD SUPPORT ENFORCEMENT UNIT OF ANY OTHER STATE may initiate a request requiring any";

strike lines 22 through 26.

Page 13, strike lines 1 through 6;

strike lines 17 through 19 and substitute the following:

SB 98-139

(Cont.)

"THE EQUIVALENT OF A STATE CHILD SUPPORT ENFORCEMENT AGENCY OR DELEGATE CHILD SUPPORT ENFORCEMENT UNIT OF ANY OTHER STATE IS AUTHORIZED TO ISSUE AN ADMINISTRATIVE".

Page 14, strike lines 13 and 14 and substitute the following:

"of child support payments would be IS beneficial to the state in the".

Page 15, line 5, strike "CASES)." and substitute "CASES), IF THE COURT ORDERS SUCH OBLIGATIONS TO BE PAID THROUGH THE FAMILY SUPPORT REGISTRY PURSUANT TO THIS TITLE, SECTION 14­10­117, C.R.S., OR TITLE 19, C.R.S.";

line 10, strike "MAINTENANCE,";

line 22, strike "MAINTENANCE".

Page 16, line 7, strike "cash or" and substitute "cash or";

strike lines 11 through 13 and substitute the following:

"PAYMENT. The department of human services shall insure that provisions are available for obligors to make cash payments through their county child support enforcement units.";

strike lines 14 through 21 and substitute the following:

(5)  On and after July 1, 1991, the child support enforcement agency shall begin implementing the family support registry in particular counties and judicial districts as designated by the executive director of the state department of human services. The executive director of the state department of human services shall inform the state court administrator when a particular county or judicial district is ready to implement and participate in the family support registry. ON AND AFTER JULY 1, 1998, THE CHILD SUPPORT";

line 25, strike "ORDERS," and substitute "ORDERS IN WHICH PAYMENTS ARE DIRECTED TO BE PAID THROUGH THE FAMILY SUPPORT REGISTRY,".

Page 17, line 9, strike "SHALL" and substitute "THAT";

strike lines 10 and 11 and substitute the following:

"REQUIRE PAYMENTS FOR CHILD SUPPORT, CHILD";

strike lines 15 through 21 and substitute the following:

"(b)  The delegate child support enforcement unit for each county implementing the family support registry shall send or cause to be sent a notice to redirect payments, by first class mail. FOR NON­IV­D CASES OR ORDERS THAT REQUIRE PAYMENTS TO BE MADE TO THE CLERK OF THE COURT, THE DISTRICT COURT FOR EACH COUNTY AND THE DENVER JUVENILE COURT SHALL SEND OR CAUSE TO BE SENT A NOTICE TO REDIRECT PAYMENTS TO THE FAMILY SUPPORT REGISTRY. The notice shall BE SENT BY FIRST CLASS MAIL AND SHALL state that all payments shall be made to the family".

line 24, strike "MAINTENANCE,".

Page 18, line 2, strike "CASES," and substitute "CASES IN WHICH THERE IS AN ORDER TO MAKE THE PAYMENTS THROUGH THE FAMILY SUPPORT REGISTRY,".

Page 19, line 15, strike "entered or modified after July 1, 1990," and substitute "entered or modified after July 1, 1990,".

Page 20, strike lines 6 through 8 and substitute the following:

"(b)  THE COURT SHALL PROVIDE THE FOLLOWING INFORMATION TO THE FAMILY SUPPORT REGISTRY, IF AVAILABLE:";

strike lines 14 through 17.

SB 98-139

(Cont.)

Page 22, line 8, strike "parent PARTY;" and substitute "parent;".

Page 25, before line 19, insert the following:

"SECTION 15.  14­14­111.5 (3) (b) (III), Colorado Revised Statutes, is amended to read:

14­14­111.5.  Income assignments for child support or maintenance. (3)  Activation of income assignment. Income assignments shall be activated in accordance with the following provisions:

(b) (III)  Affidavit requirements. The party activating an income assignment based on an order entered during the time periods described in paragraph (a), (b), or (d) of subsection (2) of this section shall prepare an affidavit of arrears, which shall state the type and amount of support ordered per month and the date upon which the payment was due and, if the payments were to be made into the court registry OR THE FAMILY SUPPORT REGISTRY, state that the full payment was not received by the registry on or before the due date or, if the payments were to be made to the obligee directly, state that the obligee did not receive the full payment on or before the due date, the date and amount of any modifications of the order, the period or periods of time the arrears accrued, the total amount of support that should have been paid, the total amount actually paid, and the total arrears, plus interest, due. If the income assignment is being activated pursuant to sub­subparagraph (A) or (B) of subparagraph (I) of this paragraph (b), the affidavit shall be filed with the court at the time of activation. If payments were ordered to be made through the family support registry, a copy of the payment record maintained by the family support registry shall be sufficient proof of payments made, and no affidavit shall be required. If the income assignment is being activated pursuant to sub­subparagraph (C) of subparagraph (I) of this paragraph (b), the affidavit shall be filed with the advance notice of activation.

SECTION 16.  19­4­118 (2), Colorado Revised Statutes, is amended to read:

19­4­118.  Enforcement of judgment or order. (2)  The court may order support payments to be made to the mother, the clerk of the court FAMILY SUPPORT REGISTRY, or a person, corporation, or agency designated to administer them for the benefit of the child under the supervision of the court.

SECTION 17. 26­2­716 (2) (f), Colorado Revised Statutes, is amended to read:

26­2­716. County duties ­ appropriations ­ penalties ­ incentives. (2)  In connection with administering a county block grant, a county department shall:

(f)  Provide Title IV­D services to participants and require assignment of rights to child support by participants and participant cooperation with establishment and collection of child support, EXCEPT AS TO PARTICIPANTS RECEIVING A DIVERSION GRANT AS THAT TERM IS DEFINED IN SECTION 26­2­703 (10);

SECTION 18. Repeal.  13­32­101 (1) (a.5), Colorado Revised Statutes, is repealed as follows:

13­32­101.  Docket fees in civil actions ­ support registry fund created. (1)  At the time of first appearance in all civil actions and special proceedings in all courts of record, except in the supreme court and the court of appeals, and except in the probate proceedings in the district court or probate court of the city and county of Denver, and except as provided in subsection (2) of this section and in sections 13­32­103 and 13­32­104, there shall be paid in advance the total docket fees, as follows:

(a.5) (I)  By a person directed to make support payments through the registry of the court:

SB 98-139

(Cont.)

(A)  An initial one­time fee, in an amount to be determined annually by the chief justice of the Colorado supreme court, but not greater than thirty dollars, to cover the direct and indirect costs associated with the establishment of an account for that person, which fee shall be paid by such person at the time of the entry of such decree or order; and

(B)  A minimal processing fee, in an amount to be determined annually by the chief justice of the Colorado supreme court, but not greater than three dollars, to cover the direct and indirect costs associated with processing a support payment, for each and every support payment made by such person, which fee shall be paid by such person each time a support payment is made.

(II)  The fees collected pursuant to subparagraph (I) of this paragraph (a.5) shall be transmitted to the state treasurer, who shall credit the same to the support registry fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs of processing and distributing support payments required to be paid through the court registry.

SECTION 19.  Repeal.  42­2­127.5 (5), Colorado Revised Statutes, is repealed as follows:

42­2­127.5.  Authority to suspend license ­ violation of child support order. (5)  This section is repealed, effective July 1, 1998.".

Renumber succeeding sections accordingly.

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

Environment, referred favorably to the Committee of the Whole: HB 98-1082

Welfare and

Institutions

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

Environment, referred favorably to the Committee of the Whole: HB 98-1019

Welfare and

Institutions

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

Environment, referred favorably to the Committee of the Whole: HB 98-1229

Welfare and

Institutions

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

Environment, referred favorably to the Committee of the Whole: SB 98-173

Welfare and

Institutions

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

Environment, referred favorably to the Committee of the Whole: HB 98-1225

Welfare and

Institutions

Health, After consideration on the merits, the committee recommends that HB 98-1106 be

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

Welfare and with favorable recommendation:

Institutions

Amend reengrossed bill, page 2, after line 8, insert the following:

"SECTION 2. 42­4­404, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

HB 98-1106

(Cont.)

42­4­404. Powers and duties of the executive director of the department of public health and environment. (6) THE EXECUTIVE DIRECTOR MAY ESTABLISH AN ARRANGEMENT BY CONTRACT OR OTHERWISE WITH THE COLORADO INSTITUTE FOR FUELS AND HIGH ALTITUDE ENGINE RESEARCH OF THE COLORADO SCHOOL OF MINES. SUCH CONTRACT MAY PROVIDE FOR SERVICES INCLUDING, BUT NOT LIMITED TO, IN­USE TESTING OF HEAVY DUTY VEHICLES, DEVELOPMENT OF EFFECTIVE INSPECTION PROCEDURES, AND INVESTIGATION OF EMISSIONS ABATEMENT TECHNOLOGIES FOR THE UNIQUE CONDITIONS EXISTING IN THE FRONT RANGE AND THE HIGH ALTITUDE COMMUNITIES.

SECTION 3. Appropriations. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the AIR account in the highway users tax fund not otherwise appropriated, to the department of public health and environment, for allocation to the board of trustees of the Colorado school of mines, for the fiscal year beginning July 1, 1998, the sum of one hundred fifty thousand dollars ($150,000). Such sum shall be for purposes of the performance of services under a contract with the Colorado institute for fuels and high altitude engine research under section 42­4­404 (6), Colorado Revised Statutes.

(2) In addition to any other appropriation, there is hereby appropriated, to the department of higher education, for allocation to the board of trustees of the Colorado school of mines, the sum of one hundred fifty thousand dollars ($150,000), or so much thereof as may be necessary, for the purposes specified in subsection (1) of this section. Such sum shall be from the appropriation made in subsection (1) of this section.".

Renumber succeeding section accordingly.

Page 1, strike line 103, and substitute the following:

"TECHNOLOGY, AND MAKING APPROPRIATIONS IN CONNECTION THEREWITH. ".

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1279

Education After consideration on the merits, the committee recommends that HB 98-1162 be

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

Amend reengrossed bill, page 6, line 11, after "PUPIL", insert "FAILS OR OTHERWISE".

Education After consideration on the merits, the committee recommends that HB 98-1171 be

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

Amend reengrossed bill, page 2, line 4, strike "REQUEST." and substitute "REQUEST; EXCEPT THAT THE STATE BOARD MAY, AT ITS DISCRETION, EXTEND FOR ONE ADDITIONAL FORTY­FIVE DAY PERIOD THE TIME NECESSARY TO REVIEW THE REQUEST.";

line 11, after "DECISION", insert "EITHER";

strike line 12 and substitute the following:

"THE REQUEST FOR RELEASE OR WITHIN 90 DAYS AFTER THE SUBMITTAL OF THE REQUEST IF THE PERIOD HAS BEEN EXTENDED, THE REQUEST SHALL BE DEEMED GRANTED.".

Education After consideration on the merits, the committee recommends that SB 98-148 be

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

Amend printed bill, page 3, after line 2, insert the following:

SB 98-148

(Cont.)

"SECTION 3. 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 postponed indefinitely: SB 98-48

Agriculture, After consideration on the merits, the committee recommends that HB 98-1039 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 3, strike lines 3 through 12 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."

Agriculture, After consideration on the merits, the committee recommends that HB 98-1101 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 8, line 8, strike AON AN ANNUAL OR MORE FREQUENT BASIS"

Agriculture, After consideration on the merits, the committee recommends that HB 98-1287 be

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

Resources with favorable recommendation:

and Energy

Amend reengrossed bill, page 3, strike lines 24 through 26.

Page 4, strike lines 1 through 6, and substitute the following:

SECTION 4. 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."

Approp- After consideration on the merits, the committee recommends that HB 98-1356 be

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

Amend reengrossed bill, page 8, line 1, strike "ADMINISTRATION178" and substitute "ADMINISTRATION178 ADMINISTRATION178,178a", in the TOTAL column, strike "20,106,249" and substitute "20,106,249", and, in the CASH FUNDS EXEMPT column, strike "20,106,249a" and substitute "20,106,249a";

line 2, in the TOTAL column, insert "20,146,961" and, in the CASH FUNDS EXEMPT column, insert "20,146,961a".

Adjust affected totals accordingly.

Page 8, line 4, strike "$18,626,769" and substitute "$18,626,769 $18,667,481".

Page 11, after line 3, insert the following:

"178a DEPARTMENT OF TRANSPORTATION, ADMINISTRATION -- THIS LINE ITEM INCLUDES $40,712 FOR YEAR 2000 PROJECTS AT THE DEPARTMENT OF TRANSPORTATION. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS AMOUNT BE RESTRICTED BY THE STATE CONTROLLER UNTIL THE COMMISSION ON INFORMATION MANAGEMENT HAS REVIEWED AND APPROVED THE DEPARTMENT'S YEAR 2000 IMPLEMENTATION PLAN.".

MESSAGE FROM THE HOUSE

February 27, 1998

Mr. President:

The House has postponed indefinitely SB98-043 and SB98-147 . The bills are returned herewith.

The House has adopted and transmits herewith HJR98-1010, as printed in House Journal, February 5, 1998, pages 392-393.

The House has adopted and transmits herewith HJR98-1013, as printed in House Journal, February 13, 1998, pages 530-532, and amended as printed in House Journal, February 27, 1998.

The House has voted to concur in the Senate amendments to HB98-1362 and has repassed the bill as so amended.

INTRODUCTION OF BILLS--FIRST READING

The following bills were read by title and referred to the committees indicated:

SB 98-181 by Senators Alexander, Arnold, Chlouber, Congrove, Dennis, Lamborn, Powers, Schroeder, and Wattenberg--Concerning presentation of environmental education in public schools.

Education

HB 98-1177 by Representative Agler; also Senator Hopper--Concerning sex offenders.

Judiciary

Appropriations

HB 98-1252 by Representative Dyer; also Senator Alexander--Concerning the educational programs of Fort Lewis college.

Education

HB 98-1276 by Representative Salaz; also Senator Bishop--Concerning imposition of restrictions on the availability of student information by state-supported institutions of higher education.

Education

Appropriations

HB 98-1360 by Representatives Owen, Grampsas, and Romero; also Senators Rizzuto, Blickensderfer, and Lacy--Concerning the authorization of the drug assistance component of the federal "Ryan White C.A.R.E. Act of 1990", as amended.

Health, Environment, Welfare and Institutions

On motion of Senator Wells, the Senate adjourned until 10:00 a.m., Monday,,

March 2, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate