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SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

56th Legislative Day Tuesday, March 3, 1998


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:

BOARD OF DIRECTORS OF THE COLORADO

UNINSURABLE HEALTH INSURANCE PLAN

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:

COLORADO WATER CONSERVATION BOARD

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