Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Dr. Mel Taylor.
Roll Call Present--Total, 31.
Absent/Excused--Tebedo--Total, 1.
Absent--Congrove, Dennis, Lamborn--Total, 3.
Present later--Congrove, Dennis, Lamborn.
Quorum The President announced a quorum present.
Reading of On motion of Senator Phillips, reading of the Journal of March 2nd was dispensed with
Journal and the Journal stands approved as corrected
by the Secretary.
SENATE SERVICES REPORT
Senate Correctly revised: HB 98-1126, 1139, 1143.
Services
COMMITTEE OF REFERENCE REPORTS
Legal After consideration on the merits, the committee recommends that SB 98-109 be
Services amended as follows and, as so amended, be
referred favorably to the Committee of the Whole with favorable
recommendation:
Amend printed bill, page 4, strike line 26.
Page 5, strike lines 1 through 4.
Renumber succeeding subparagraphs accordingly.
Page 5, after line 7, insert the following:
"(II) Rule 3.616.1 H., concerning
recipients of state diversion who receive a onetime or shortterm
payment not being required to assign child support rights, of
rules of the state board of human services concerning the Colorado
Works program (9 CCR 25031);".
Renumber succeeding subparagraphs accordingly.
Page 9, strike line 5 and substitute the following:
"(q) Department of transportation;
except that the following rules of the transportation commission
are not extended:
(I) IV. A. 1., concerning the Pikes Peak
Area Transportation Planning Region, of rules concerning the statewide
transportation planning process and transportation planning regions
(2 CCR 6042);
(II) IV. A. 3., concerning the North Front
Range Transportation Planning Region, of rules concerning the
statewide transportation planning process and transportation planning
regions (2 CCR 6042).";
after line 16, insert the following:
SB 98-109
(Cont.)
"(4) (a) The expiration of the following
rules and regulations of the department of personnel, which rules
and regulations were adopted or amended on or after January 1,
1987, and before January 1, 1988, and which were extended until
May 15, 1998, in Senate Bill 96236, chapter 148, Session
Laws of Colorado 1996, is postponed until May 15, 2000:
(I) R12124, concerning job
group (4 CCR 8011);
(II) P1121, concerning protected
classes (4 CCR 8012);
(III) P1122, concerning workforce
availability and utilization analysis (4 CCR 8012).
(b) The expiration of the following rules
and regulations of the department of personnel, which rules and
regulations were adopted or amended on or after January 1, 1992,
and before January 1, 1993, and which were extended until May
15, 1998, in Senate Bill 96236, chapter 148, Session Laws
of Colorado 1996, is postponed until May 15, 2000:
(I) Policy 111, concerning discrimination
prohibited (4 CCR 8011);
(II) R1111, concerning appeals
and grievances (4 CCR 8011);
(III) R1112, concerning guidelines
and standards (4 CCR 8011);
(IV) R1113, concerning sexual
harassment (4 CCR 8011);
(V) R1114, concerning reasonable
accommodation for persons with a disability (4 CCR 8011);
(VI) R1115, concerning remedies
(4 CCR 8011);
(VII) Policy 112 (C), concerning
persons with disabilities (4 CCR 8011);
(VIII) R1121, concerning affirmative
action plan (4 CCR 8011);
(IX) R1125, concerning director's
review of examination (4 CCR 8011);
(X) R1128, concerning determination
of underutilization (4 CCR 8011);
(XI) R1129, concerning complaints
regarding administration (4 CCR 8011).
(c) The following rules and regulations
of the department of personnel, which rules and regulations were
adopted or amended on or after January 1, 1987, and before January
1, 1988, and which were extended until May 15, 1998, in Senate
Bill 96236, chapter 148, Session Laws of Colorado 1996,
and are therefore scheduled to expire on May 15, 1998, are not
extended:
(I) P1218 (f), (f)(1) and
(f)(2), concerning promotional examination announcements (4 CCR
8012);
(II) P1123, concerning affirmative
action plan (4 CCR 8012).
(d) The following rules and regulations
of the department of personnel, which rules and regulations were
adopted or amended on or after January 1, 1992, and before January
1, 1993, and which were extended until May 15, 1998, in Senate
Bill 96236, chapter 148, Session Laws of Colorado 1996,
and are therefore scheduled to expire on May 15, 1998, are not
extended:
(I) Policy 112 (A), concerning affirmative
action being the commitment of state government (4 CCR 8011);
(II) R1122, concerning recruitment
program (4 CCR 8011);
(III) R1127, concerning considerations
in making appointments (4 CCR 8011).
SB 98-109
(Cont.)
(e) No later than September 1, 2000, the
department of personnel shall submit to the committee on legal
services the following information:
(I) Employment utilization figures for
the state personnel system for the period from January 1, 1998,
through January 1, 2000;
(II) The department of personnel's annual
affirmative action reports to the governor for 1998 and 1999;
(III) Such other information as the staff
of the committee on legal services may reasonably request related
to implementation of the affirmative action rules to aid in the
evaluation of their operation and legal sufficiency.".
Renumber succeeding subsection accordingly.
Page 9, after line 24, insert the following:
"SECTION 2. Pilot project
for review of rules extended. In H.B. 971193,
the general assembly authorized the committee on legal services
to conduct a oneyear pilot project for the prioritization
of the review of executive branch rules. In the interests of using
staff resources efficiently in carrying out the rule review functions
pursuant to section 244103, Colorado Revised Statutes,
and to gather more information on the effectiveness of such an
approach, the committee on legal services is authorized to direct
the staff of the office of legislative legal services to continue
to operate the pilot project for the prioritization of the review
of executive branch rules adopted or amended on or after November
1, 1997, and before November 1, 1998. The pilot project shall
require that every rule submitted be reviewed but shall provide
for appropriate graduated levels of review based on criteria established
by the committee on legal services.".
Renumber succeeding section accordingly.
Education After consideration on the merits, the committee recommends that HB 98-1158 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 12, strike "OR
LEGAL";
line 13, strike "GUARDIAN";
line 18, strike "OR LEGAL GUARDIAN".
Page 3, line 1, strike "PARENT OR LEGAL GUARDIAN,"
and substitute "PARENT,";
line 21, strike "OR LEGAL GUARDIAN".
Page 4, line 9, strike "OR LEGAL GUARDIAN";
line 12, strike "OR LEGAL GUARDIAN";
line 23, strike "OR LEGAL";
line 24, strike "GUARDIAN".
Page 5, line 2, strike "OR LEGAL GUARDIAN";
line 9, strike "OR LEGAL GUARDIAN";
line 10, strike "PARENT OR LEGAL GUARDIAN."
and substitute "PARENT.";
line 19, strike "PARENT OR LEGAL GUARDIAN."
and substitute "PARENT.";
line 24, strike "OR LEGAL GUARDIAN".
Page 6, line 2, strike "OR LEGAL GUARDIAN";
strike lines 7 through 24 and substitute the following:
HB 98-1158
(Cont.)
"(10) THE STATE BOARD SHALL ADOPT
SUCH RULES AS ARE NECESSARY TO IMPLEMENT THIS SECTION.".
Renumber succeeding section accordingly.
Education After consideration on the merits, the committee recommends that HB 98-1240 be
amended as follows and, as so amended, be referred
to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 1, line 6, strike "of
an appropriate" and substitute "COMPOSED of an
appropriate";
strike line 7 and substitute "size
NOT MORE THAN TWENTY PERSONS shall be appointed by the state board.
The members of the advisory".
Judiciary After consideration on the merits, the
committee recommends that SB 98-62 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. 191103
(28), Colorado Revised Statutes, is amended, and the said 191103
is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS,
to read:
191103. Definitions.
As used in this title or in the specified portion of this title,
unless the context otherwise requires:
(6.5) (a) "ADOPTION RECORD",
AS USED IN PART 3 OF ARTICLE 5 OF THIS TITLE, MEANS THE FOLLOWING
DOCUMENTS AND INFORMATION:
(I) THE ADOPTEE'S ORIGINAL BIRTH CERTIFICATE
AND AMENDED BIRTH CERTIFICATE;
(II) THE FINAL DECREE OF ADOPTION;
(III) NONIDENTIFYING INFORMATION, AS DEFINED
IN SECTION 191103 (80);
(IV) THE FINAL ORDER OF RELINQUISHMENT;
(V) THE ORDER OF TERMINATION OF PARENTAL
RIGHTS; AND
(VI) THE NEW LEGAL NAME OF THE ADOPTEE.
(b) "ADOPTION RECORD"
SHALL NOT INCLUDE PRERELINQUISHMENT COUNSELING RECORDS,
WHICH RECORDS SHALL REMAIN CONFIDENTIAL.
(28) "Consent", as used in part
3 of article 5 of this title, means voluntary, informed, written
consent. WHEN USED IN THE CONTEXT OF CONFIDENTIAL INTERMEDIARIES,
"consent" always shall be preceded by an explanation
that consent permits the confidential intermediary to arrange
a personal contact among biological relatives. "CONSENT"
MAY ALSO MEAN THE AGREEMENT FOR CONTACT OR DISCLOSURE OF RECORDS
BY A PARTY TO ANADOPTION OR THE ADOPTEE AS A RESULT OF AN INQUIRY
BY A CONFIDENTIAL INTERMEDIARY PURSUANT TO SECTION 195305
(2) (a) (III).
(28.5) "CONSENT FORM",
AS USED IN SECTION 195305 (3), MEANS A VERIFIED WRITTEN
STATEMENT SIGNED BY AN ADULT ADOPTEE OR AN ADULT BIRTH PARENT
THAT HAS BEEN NOTARIZED AND THAT AUTHORIZES THE RELEASE OF ADOPTION
RECORDS OR IDENTIFYING INFORMATION, TO THE EXTENT AVAILABLE, BY
A LICENSED CHILD PLACEMENT AGENCY.
SB 98-62
(Cont.)
(63.5) "IDENTIFYING INFORMATION",
AS USED IN SECTION 195305 (3), MEANS COPIES OF ANY
ADOPTION RECORDS, AS THAT TERM IS DEFINED IN SUBSECTION (6.5)
OF THIS SECTION THAT ARE IN THE POSSESSION OF THE CHILD PLACEMENT
AGENCY OR THE NAME OF THE ADOPTEE BEFORE PLACEMENT INADOPTION,
THE NAME AND ADDRESS OF EACH BIRTH PARENT AS THEY APPEAR IN THE
BIRTH RECORDS, THE CURRENT NAME, ADDRESS, AND TELEPHONE NUMBER
OF THE ADULT ADOPTEE, AND THE CURRENT NAME, ADDRESS, AND TELEPHONE
NUMBER OF EACH BIRTH PARENT TO THE EXTENT SUCH INFORMATION IS
AVAILABLE TO THE CHILD PLACEMENT AGENCY.
(85.5) (a) "POSTADOPTION
RECORD", AS USED IN PART 3 OF ARTICLE 5 OF THIS TITLE,
MEANS THE RECORD MAINTAINED SEPARATE AND APART FROM THE ADOPTION
RECORD BY THE DEPARTMENT OF HUMAN SERVICES, A LICENSED CHILD PLACEMENT
AGENCY, OR A LICENSED CLINICAL SOCIAL WORKER AND WHICH RECORD
CONTAINS INFORMATION ABOUT THE ADOPTEE OR THE LEGAL OR BIOLOGICAL
RELATIVE OF THE ADOPTEE SUBSEQUENT TO THE COMPLETION OF AN ADOPTION
PROCEEDING. INFORMATION IN THE POSTADOPTION RECORD IS CONFIDENTIAL
AND SHALL NOT BE DISCLOSED BY THE DEPARTMENT OF HUMAN SERVICES,
A LICENSED CHILD PLACEMENT AGENCY, A LICENSED CLINICAL SOCIAL
WORKER, OR A COURT EXCEPT AS SPECIFICALLY PERMITTED IN PART 3
OF ARTICLE 5 OF THIS TITLE, OR AS MAY BE DEEMED NECESSARY BY THE
DEPARTMENT OF HUMAN SERVICES IN PERFORMING ITS DUTIES UNDER PART
3 OF ARTICLE 5 OF THIS TITLE.
(b) THE POSTADOPTION RECORD MAY
CONTAIN INFORMATION CONCERNING, BUT NOT LIMITED TO:
(I) THE WRITTEN INQUIRIES FROM PERSONS
REQUESTINGACCESS TO RECORDS;
(II) THE SEARCH EFFORTS OF THE CONFIDENTIAL
INTERMEDIARY;
(III) THE RESPONSE, IF ANY, TO THOSE SEARCH
EFFORTS BY THE PERSONS SOUGHT;
(IV) ANY UPDATED MEDICAL INFORMATION GATHERED
PURSUANT TO PART 3 OF ARTICLE 5 OF THIS TITLE; AND
(V) ANY PERSONAL IDENTIFYING INFORMATION
CONCERNING ANY PERSONS SUBJECT TO THE PROVISIONS OF PART 3 OF
ARTICLE 5 OF THIS TITLE.
SECTION 2. 191309,
Colorado Revised Statutes, is amended to read:
191309. Relinquishments and adoption
information. Except as provided in parts
3 and 4 of article 5 of this title and section 191303,
all records and proceedings in relinquishment or adoption shall
be confidential and open to inspection only upon order of the
court for good cause shown. The court shall act to preserve the
anonymity of the biological parents, the adoptive parents, and
the child, except to the extent disclosure is made pursuant to
a designated adoption or pursuant to section 194106
(2) or part 3 or 4 of article 4
ARTICLE 5 of this title. A separate docket shall be maintained
for relinquishment proceedings and for adoption proceedings.
SECTION 3. 195304
(1) (b) (I), (3), and (4) (c), Colorado Revised Statutes, are
amended to read:
195304. Confidential intermediaries
confidential intermediary services.
(1) (b) Once a person is included on such list,
he or she shall be:
(I) Authorized to inspect confidential
relinquishment and adoption records AND POSTADOPTION RECORDS
upon motion to the court by an adult adoptee, adoptive parent,
biological parent, biological sibling, or halfsibling;
(3) Any information obtained by the confidential
intermediary during the course of his OR HER investigation shall
be kept strictly confidential and shall be utilized only for the
purpose of arranging a contact between the individual who initiated
the search and the soughtafter biological relative.
SB 98-62
(Cont.)
(4) (c) If consent for personal communication
is not obtained from both parties, all relinquishment and adoption
records and any information obtained by any confidential intermediary
during the course of his OR HER investigation shall be returned
to the court and shall remain confidential.
SECTION 4. Part
3 of article 5 of title 19, Colorado Revised Statutes, is amended
BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:
195305. Access to adoption
records contact. (1) Legislative
declaration. THE GENERAL ASSEMBLY FINDS THAT ON MAY 20, 1949,
THE GENERAL ASSEMBLY AMENDED COLORADO LAW TO PROVIDE THAT ALL
ADOPTION RECORDS IN EXISTENCE ON THAT DATE AND THOSE RECORDS THAT
CAME INTO EXISTENCE AFTER THAT DATE WERE TO BE SEALED AND THEREBY
CONFIDENTIAL FROM THE PUBLIC. THEREAFTER, IN 1967, THE GENERAL
ASSEMBLY ACTED TO PRESERVE THE ANONYMITY OF THE BIRTH PARENTS,
THE CHILD, AND THE ADOPTIVE PARENTS IN ADOPTION ACTIONS. HOWEVER,
AS A RESULT OF THESE CHANGES, MANY ADOPTEES HAVE BEEN UNABLE TO
MAKE INFORMED MEDICAL DECISIONS, DETERMINE GENETIC CONSEQUENCES
OF CERTAIN MEDICAL AND REPRODUCTIVE DECISIONS, AND ENJOY THE BENEFITS
RELATING TO KNOWLEDGE ABOUT ONE'S FAMILY HISTORY. ACCORDINGLY,
THE GENERAL ASSEMBLY HEREBY DETERMINES THAT IT IS APPROPRIATE
TO ALLOW PROSPECTIVE ACCESS TO CERTAIN ADOPTION INFORMATION BY
THE PARTIES TO THE ADOPTION PROCEEDING AND THE ADOPTEE, BUT NOT
BY THE PUBLIC AT LARGE.
(2) Determination of accessibility
of records and contact. THE ACCESSIBILITY OF ADOPTION RECORDS
AND THE ABILITY OF A PARTY TO THE ADOPTION PROCEEDING OR THE ADOPTEE
TO CONTACT THE ADOPTEE OR ANOTHER PARTY SHALL BE GOVERNED BY THE
FOLLOWING PROVISIONS BASED UPON THE DATE ON WHICH THE ADOPTION
WAS FINALIZED:
(a) Adoptions finalized prior to July
1, 2000. (I) EXCEPT TO THE EXTENT DISCLOSURE IS
MADE IN DESIGNATED ADOPTIONS AND EXCEPT AS PROVIDED IN SECTION
195306, ALL ADOPTION RECORDS RELATING TO ADOPTIONS
FINALIZED PRIOR TO JULY 1, 2000, SHALL REMAIN CONFIDENTIAL AND
THE NAMES OF THE PARTIES THERETO AND THE NAME OF THE ADOPTEE SHALL
REMAIN ANONYMOUS. SUCH RECORDS MAY BE ACCESSIBLE BY AN ADULT ADOPTEE,
AN ADULT BIRTH PARENT, AN ADULT ADOPTIVE PARENT, OR ANADULT SIBLING
OR HALFSIBLING OF AN ADOPTEE ONLY THROUGH THE APPOINTMENT
OF A CONFIDENTIAL INTERMEDIARY PURSUANT TO SECTION 195304
WHO SUCCESSFULLY OBTAINS CONSENT FROM THE PERSON SOUGHT TO RELEASE
SUCH ADOPTION RECORDS.
(II) THE COURTAPPOINTED CONFIDENTIAL
INTERMEDIARY SHALL MAKE A DILIGENT SEARCH OF THE ADOPTION RECORDS
AND POSTADOPTION RECORDS IN AN EFFORT TO FIND THE SOUGHTAFTER
PERSON. IF THE CONFIDENTIAL INTERMEDIARY SUCCESSFULLY LOCATES
THE PERSON SOUGHT, THE CONFIDENTIAL INTERMEDIARY SHALL PROVIDE
THAT PERSON WITH THE OPPORTUNITY TO:
(A) CONSENT TO OR TO REFUSE TO ALLOW CONTACT
BY THE PERSON SEEKING CONTACT; AND
(B) CONSENT TO OR REFUSE TO ALLOW DISCLOSURE
OF THE ADOPTION RECORDS TO THE PERSON SEEKING SUCH ACCESS.
(III) IF, AFTER DILIGENT SEARCH, THE CONFIDENTIAL
INTERMEDIARY IS UNABLE TO LOCATE THE PERSON SOUGHT, THE CONFIDENTIAL
INTERMEDIARY SHALL SO ADVISE THE COURT AND THE PERSON SEEKING
CONTACT OR ACCESS TO RECORDS. THE ADOPTION RECORDS SHALL REMAIN
CONFIDENTIAL AND THE NAMES OF THE PARTIES THERETO AND THE NAME
OF THE ADOPTEE SHALL REMAIN ANONYMOUS.
(b) Adoptions finalized on or after
July 1, 2000. (I) ALL ADOPTION RECORDS RELATING
TO ADOPTIONS FINALIZED ON OR AFTER JULY 1, 2000, SHALL BE AVAILABLE
AND OPEN TO INSPECTION BY AN ADULT ADOPTEE, AN ADOPTEE'S ADULT
BIRTH PARENT, AN ADULT ADOPTIVE PARENT,OR AN ADOPTEE'S ADULT SIBLING
OR HALFSIBLING. NO OTHER PERSON OR ENTITY MAY HAVE ACCESS
TO SUCH RECORDS EXCEPT AS OTHERWISE PROVIDED BY LAW.
SB 98-62
(Cont.)
(II) FOR ADOPTIONS FINALIZED ON OR AFTER
JULY 1, 2000, CONTACT BY AN ADULT ADOPTEE, AN ADULT BIRTH PARENT,
AN ADULT ADOPTIVEPARENT, OR AN ADULT SIBLING OR HALFSIBLING
OF AN ADOPTEE WITH ANY SUCH PARTY MAY BE ATTEMPTED AT ANY TIME
DIRECTLY OR THROUGH ANOTHER PERSON OR AGENCY INCLUDING, BUT NOT
LIMITED TO, A CONFIDENTIAL INTERMEDIARY APPOINTED PURSUANT TO
SECTION 195304.
(3) Access to identifying information through
child placement agencies. (a) UPON PROOF OF IDENTITY
OF THE PERSON SUBMITTING THE CONSENT FORM, A LICENSED CHILD PLACEMENT
AGENCY MAY ACCEPT A CONSENT FORM, AS THAT TERM IS DEFINED IN SECTION
191103 (28.5), FROM AN ADULT ADOPTEE OR FROM EITHER
ADULT BIRTH PARENT OR FROM AN ADULT ADOPTIVE PARENT AUTHORIZING
THE RELEASE OF IDENTIFYING INFORMATION, AS THAT TERM IS DEFINED
IN SECTION 191103 (63.5), CONCERNING THE PERSON SUBMITTING
THE CONSENT FORM, TO THE EXTENT SUCH INFORMATION IS AVAILABLE
TO THE CHILD PLACEMENT AGENCY.
(b) (I) UPON INQUIRY BY AN ADULT ADOPTEE OR AN ADULT
BIRTH PARENT OR AN ADULT ADOPTIVE PARENT SEEKING INFORMATION ABOUT
ANOTHER PARTY FROM A LICENSED CHILD PLACEMENT AGENCY, THE CHILD
PLACEMENT AGENCY SHALL BE AUTHORIZED TO RELEASE IDENTIFYING INFORMATION
TOTHE INQUIRING PERSON, UPON PROOF OF IDENTITY BY THE PERSON SEEKING
THE INFORMATION, IF THE LICENSED CHILD PLACEMENT AGENCY IS IN
POSSESSION OF A CONSENT FORM FROM THE PARTY ABOUT WHOM INFORMATION
IS SOUGHT AUTHORIZING SUCH RELEASE.
(II) IN THOSE CIRCUMSTANCES IN WHICH A
CHILD PLACEMENT AGENCY HAS RELEASED IDENTIFYING INFORMATION PURSUANT
TO PARAGRAPH (a) OF THIS SUBSECTION (2), THE CHILD PLACEMENT AGENCY
MAY MAKE DILIGENT EFFORT TO LOCATE THE PERSON WHO HAD ORIGINALLY
SUBMITTED THE CONSENT FORM AND, UPON LOCATING SUCH PERSON, ADVISE
HIM OR HER OF THE RELEASE. IF THE INQUIRING PERSON ALSO SUBMITTED
A CONSENT FORM AUTHORIZING THE RELEASE OF IDENTIFYING INFORMATION
ABOUT HIM OR HER, THE CHILD PLACEMENT AGENCY MAY PROVIDE SUCH
IDENTIFYING INFORMATION TO THE PERSON LOCATED.
(c) A LICENSED CHILD PLACEMENT AGENCY THAT ACCEPTS
A CONSENT FORM MAY CHARGE A REASONABLE FEE TO COVER THE DIRECT
AND INDIRECT COSTS ASSOCIATED WITH THE SERVICES PROVIDED PURSUANT
TO THIS SUBSECTION (3), IF A WRITTEN FEE AGREEMENT HAS BEEN SIGNED
BY THE AGENCY AND THE PARTY SUBMITTING THE CONSENT FORM PRIOR
TO THE PROVISION OF ANY SERVICE.
195306. Access to medical
information. (1) UPON THE FILING
OF A VERIFIED PETITION FILED WITH THE COURT OF ORIGINAL JURISDICTION
IN THE ADOPTION PROCEEDING OR IN THE DISTRICT COURT OF THE COUNTY
OR CITY AND COUNTY IN WHICH THE PETITIONING PARTY RESIDES, THE
COURT SHALL ORDER THAT THE RECORD OF THE ADOPTION PROCEEDING,
THE ADOPTION RECORD, OR THE POSTADOPTION RECORD SHALL BE
OPENED, SUBJECT TO ANY CONDITIONS THE COURT DETERMINES NECESSARY,
IF THE COURT FINDS, FOR GOOD CAUSE SHOWN, THAT THE BEST INTERESTS
OF THE ADOPTEE OR OF THE PUBLIC REQUIRES SUCH DISCLOSURE, AND
THAT THE PETITIONING PARTY HAS DEMONSTRATED THAT THE INFORMATION
IS NEEDED FOR THE MEDICAL PURPOSES OF TREATING OR PREVENTING A
MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC CONDITION AFFECTING ANY
PERSON THAT IS CLEARLY AND SPECIFICALLY DESCRIBED BY TESTIMONY
OR AFFIDAVIT OF A QUALIFIED HEALTH CARE PROFESSIONAL.
(2) IN THOSE CIRCUMSTANCES IN WHICH A
MEDICAL EMERGENCY EXISTS, THE COURT SHALL MAKE EVERY EFFORT TO
EXPEDITE THE APPOINTMENT OF A CONFIDENTIAL INTERMEDIARY AND SUCH
CONFIDENTIAL INTERMEDIARY SHALL MAKE EVERY EFFORT TO EXPEDITE
HIS OR HER SEARCH EFFORTS.
SB 98-62
(Cont.)
195307. Public information campaign.
THE EXECUTIVE DIRECTORS OF THE DEPARTMENT OF HUMAN SERVICES AND
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, OR SUCH EXECUTIVE
DIRECTORS' DESIGNEES, SHALL WORK TOGETHER TO DEVELOP A PUBLIC
INFORMATION CAMPAIGN BY WHICH TO EDUCATE THE PUBLIC ABOUT THE
EXISTENCE AND AVAILABILITY OF THE CONFIDENTIAL INTERMEDIARY PROCESS
ESTABLISHED IN THIS PART 3 AND THE VOLUNTARY ADOPTION REGISTRY
ESTABLISHED PURSUANT TO SECTION 252113.5, C.R.S.,
AND TO INFORM THE PUBLIC ABOUT THE CHANGE IN THE AVAILABILITY
OF ADOPTION RECORDS AND OTHER RECORDS RELATED TO THE ADOPTION
PROCESS AS SET FORTH IN SECTIONS 195305 AND 195306.
THE PUBLIC INFORMATION CAMPAIGN SHALL BE IMPLEMENTED ON OR BEFORE
SEPTEMBER 1, 1998, BY DISSEMINATING INFORMATION TO THE PUBLIC
THROUGH CHILD PLACEMENT AGENCIES AND THROUGH THE USE OF PUBLIC
SERVICE ANNOUNCEMENTS AND SUCH OTHER ADDITIONAL MEANS OF COMMUNICATION
AS THE EXECUTIVE DIRECTORS OR THEIR DESIGNEES DETERMINE APPROPRIATE.
SECTION 50 252113 (1) (b), (3),
and (6), Colorado Revised Statutes, are amended to read:
252113. New certificates
of birth following adoption legitimation and parentage
determination. (1) (b) A
new certificate of birth shall be prepared by the state registrar
as to any adopted person born in a foreign country and a resident
of this state whenever he
THE STATE REGISTRAR receives with respect to such person a certified
copy of the final decree of adoption as required by section 195212,
C.R.S., and section 252107 and findings of fact as
required by this section. In proceedings for the adoption of a
person who was born in a foreign country, the juvenile court having
jurisdiction of adoptions, upon evidence from reliable sources,
shall make findings of fact as to the date and place of birth
and parentage of such person. The state registrar shall prepare
a new birth certificate in the new name of the adopted person
and shall seal the certified copy of the findings of the court
and the certified copy of the final decree of adoption WHICH SHALL
BE KEPT CONFIDENTIAL EXCEPT AS OTHERWISE PROVIDED IN PART 3 OF
ARTICLE 5 OR TITLE 19, C.R.S. The birth certificate shall be labeled
as a certificate of foreign birth and shall show specifically
the true or probable country of birth and that the certificate
is not evidence of United States citizenship. If the child was
born in a foreign country but was a citizen of the United States
at the time of birth, the state registrar shall not prepare a
certificate of foreign birth but instead shall notify the adoptive
parents of the procedures for obtaining a revised birth certificate
for their child through the United States department of state.
Any copy of a certificate of foreign birth issued shall indicate
this policy, show the actual place of birth, and indicate the
fact that the certificate is not proof of United States citizenship
for the adopted child. A new certificate of birth in the new name
of the adopted person prepared by the state registrar pursuant
to this section is hereby legalized and made valid.
(3) Thereafter, the original certificate
and evidence concerning adoption, legitimacy, or parentage shall
be sealed and not be subject to inspection except as provided
in section 252113.5 OR IN PART 3 OF ARTICLE 5 OF TITLE
19, C.R.S., by regulation, or upon order of a court of competent
jurisdiction after the court has satisfied itself that the interests
of the child or the child's descendants or the parents will best
be served by opening said seal. The information obtained from
opening said seal may be withheld from public view or from being
presented as evidence at the discretion of the judge.
(6) When a new certificate of birth is
established by the state registrar, all copies of the original
certificate of birth in the custody of any other custodian of
vital records in this state shall be sealed from inspection, EXCEPT
AS OTHERWISE PROVIDED IN PART 3 OF ARTICLE 5 OF TITLE 19, C.R.S.,
or forwarded to the state registrar, as he
THE STATE REGISTRAR shall direct.
SECTION 60 Effective date.
This act shall take effect July 1, 1998.
SECTION 70 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.".
Judiciary After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: HB 98-1124
MESSAGES FROM THE GOVERNOR
Appoint- Letters of designation and appointment from Governor Romer were read and assigned to
ments Committee as follows:
February 3, 1998
To the Honorable
Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Ladies and Gentlemen:
Pursuant to the powers conferred upon me by the Constitution
and Laws of the State of Colorado, I have the honor to designate,
appoint and submit to your consideration, the following:
for terms expiring July 1, 2000:
Darnell Dent of Colorado Springs, Colorado, to serve
as a representative of Insurers and to fill a vacancy occasioned
by the resignation of Gary S. Carlson, appointed;
Sincerely,
(Signed)
Roy Romer
Governor
Rec'd 2/12/98
P. Dicks, Assistant Secretary
Committee on Health, Environment, Welfare and Institutions
February 17, 1998
To the Honorable
Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Ladies and Gentlemen:
Pursuant to the powers conferred upon me by the Constitution
and Laws of the State of Colorado, I have the honor to designate,
appoint and submit to your consideration, the following:
for terms expiring February 12, 2001:
David H. Smith of Meeker, Colorado, to serve as a
representative of the Yampa White drainage basin and as a Republican;
Patricia Wells of Denver, Colorado, to serve as a
representative of the City and County of Denver and as a Democrat;
Richard Eric Kuhn of Glenwood Springs, Colorado,
to serve as a representative of the main Colorado drainage basin
and a Unaffiliated.
Sincerely,
(Signed)
Roy Romer
Governor
Rec'd 2/20/98
P. Dicks, Assistant Secretary
Committee on Agriculture, Natural Resources and Energy
February 17, 1998
To the Honorable
Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Ladies and Gentlemen:
Pursuant to the powers conferred upon me by the Constitution
and Laws of the State of Colorado, I have the honor to designate,
appoint and submit to your consideration, the following:
COAL MINE BOARD OF EXAMINERS
for a term expiring July 1, 2000:
Brad L. Gibbs of Crawford, Colorado, to serve as
a coal miner of known experience and practice in underground coal
mining and to fill a vacancy occasioned by the resignation of
Eugene S. Castilla, appointed.
Sincerely,
(Signed)
Roy Romer
Governor
Rec'd 2/20/98
P. Dicks, Assistant Secretary
Committee on Agriculture, Natural Resources and Energy
THIRD READING OF BILLS--FINAL PASSAGE
On Third Reading, the titles of the following bills
were publicly read, the reading at length having been dispensed
with by unanimous consent:
HB 98-1149 by Rep. Morrison; Senator Wham--Health
Care Task Force
A majority of those elected to the Senate having
voted in the affirmative, Senator Schroeder was given permission
to offer a third Reading amendment.
Third Reading Amendment No. 1, by Senator Schroeder
Amend revised bill, page 6, line 20, strike "COVERAGES;
AND" and substitute "COVERAGES.";
Strike line 21.
A majority of all members elected to the Senate having
voted in the affirmative, the amendment was adopted.
The question being "Shall the bill, as amended, pass?"
the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | YE | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | YY | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill, as amended, was declared PASSED.
Co-sponsor added: Hopper
SB 98-128 by Sen. Wells; Rep. Smith--Prepaid College
Education Fund
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
HB 98-1126 by Rep. Reeser; Senator Schroeder--Unemployment
Insurance Cleanup
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsor added: Arnold
HB 98-1143 by Rep. Spradley; Senator Arnold--PERA
Health Coverage for Children
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
HB 98-1139 by Rep. Leyba; Senator Chlouber--Tobaccofree
Schools
Laid over until Wednesday, March 4, retaining its place on the calendar.
______________________________
On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Tuesday, March 3, was laid over until Wednesday, March 4, retaining its place on the calendar.
______________________________
On motion of Senator Powers, the Senate adjourned until 9:00 a.m., Wednesday,
March 4, 1998.
Approved:
Tom Norton
President of the Senate
Attest:
Joan M. Albi
Secretary of the Senate