This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

72nd Legislative Day Thursday, March 19, 1998


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

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn.

Roll Call Present--Total, 31.

Absent/Excused--Ament, Lamborn, Tebedo, Thiebaut--Total, 4.

Present later--Lamborn, Thiebaut.

Quorum The President announced a quorum present.

Reading of On motion of Senator Arnold, reading of the Journal of March 18th was dispensed with

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

COMMITTEE OF REFERENCE REPORTS

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

Affairs referred favorably to the Committee of the Whole: HB 98-1311

and Labor

Business After consideration on the merits, the committee recommends that HB 98-1337 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 14, strike lines 9 through 14 and substitute the following:

"AGENDAS FOR MEETINGS OF THE EXECUTIVE BOARD SHALL BE MADE REASONABLY AVAILABLE FOR EXAMINATION BY ALL MEMBERS OF THE ASSOCIATION OR THEIR REPRESENTATIVES.".

Local After consideration on the merits, the committee recommends that SB 98-179 be

Government amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, strike lines 5 through 20 and substitute the following:


SB 98-179


(Cont.)

"(A)  Review and approval by the department, prior to construction, of plans and specifications for new waterworks or for improvements or modifications to existing waterworks to ensure that such facilities will be capable of complying with adopted drinking water standards. The department may impose conditions in approving such plans and specifications to assure continued compliance with applicable standards, rules, and regulations of the department. Such approval shall not relieve the supplier of water from compliance with adopted standards and regulations of the department. For the purposes of this subparagraph (II), "waterworks" means only the facility which produces or treats drinking water to be supplied to the public, including drinking water vending and dispensing machines REVIEW AND APPROVAL BY THE DEPARTMENT, PRIOR TO INITIATION OF CONSTRUCTION, OF THE TECHNICAL PLANS AND SPECIFICATIONS, LONG­TERM FINANCIAL PLANS, AND OPERATIONS AND MANAGEMENT PLANS OF ANY NEW WATERWORKS OR MODIFICATIONS TO EXISTING WATERWORKS. FOR THE PURPOSES OF THIS SUBPARAGRAPH (II), "WATERWORKS" MEANS THE FACILITIES THAT ARE DIRECTLY INVOLVED IN THE PRODUCTION, TREATMENT, OR DISTRIBUTION OF WATER FOR PUBLIC WATER SYSTEMS AS DEFINED IN SECTION 141.2 OF THE NATIONAL PRIMARY DRINKING WATER REGULATIONS. THE DEPARTMENT SHALL APPROVE THOSE WATERWORKS IT DETERMINES ARE CAPABLE OF COMPLYING WITH THE COLORADO PRIMARY DRINKING WATER REGULATIONS AND MAY IMPOSE CONDITIONS UPON THE PUBLIC WATER SYSTEM TO ASSURE ITS CONTINUING COMPLIANCE WITH THE STANDARDS AND RULES AND REGULATIONS OF THE DEPARTMENT. IF THE DEPARTMENT DETERMINES THAT THE PUBLIC WATER SYSTEM LACKS TECHNICAL, FINANCIAL, OR MANAGERIAL CAPACITY TO ASSURE COMPLIANCE WITH SUCH STANDARDS AND RULES AND REGULATIONS, THE DEPARTMENT MAY WITHHOLD APPROVAL OF THE NEW WATERWORKS OR MODIFICATIONS TO EXISTING WATERWORKS UNTIL THE NECESSARY TECHNICAL, FINANCIAL, OR MANAGERIAL CAPACITY HAS BEEN ASSURED. THE DEPARTMENT'S APPROVAL OF WATERWORKS SHALL NOT RELIEVE A PUBLIC WATER SYSTEM FROM CONTINUING COMPLIANCE WITH ADOPTED STANDARDS AND REGULATIONS OF THE DEPARTMENT.".

Page 3, after line 12, insert the following:

"(D)  DURING THE GRANT APPLICATION PROCESS, THE DEPARTMENT SHALL SEEK FROM THE DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF LOCAL AFFAIRS A FISCAL ANALYSIS OF THE APPLYING ENTITY TO DETERMINE FINANCIAL NEED. BASED UPON ITS FISCAL ANALYSIS, THE DIVISION OF LOCAL GOVERNMENT SHALL ISSUE OR DENY A CERTIFICATE OF FINANCIAL NEED. IF A CERTIFICATE OF FINANCIAL NEED IS ISSUED, THE DEPARTMENT MAY AUTHORIZE A STATE GRANT TO THE PROJECT IN ACCORDANCE WITH THE PROJECT PRIORITIZATION ADOPTED BY THE DEPARTMENT.".

______________________________

On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Governor's Appointments.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

On motion of Senator Hopper, the following Governor's appointments were confirmed by a roll call vote:

STATE GRIEVANCE BOARD

for terms expiring July 1, 2000:

Dr. Lois A. Bergen of Palmer Lake, Colorado, to serve as a licensed marriage and family therapist, reappointed;

Rex D. Filer of Alamosa, Colorado, to serve as a licensed professional counselor, reappointed;

Dr. Judith R. Silver of Parker, Colorado, to serve as a licensed psychologist, reappointed;

Walter T. Simon of Lakewood, Colorado, to serve as a licensed social worker, reappointed;

Ellen A. Stevens of Westminster, Colorado, to serve as a member of the general public, reappointed.


YES 31


NO 0


EXCUSED 4


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

E

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

E

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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 Hopper, the following Governor's appointments were confirmed by a roll call vote:

COLORADO CHILDREN'S

TRUST FUND BOARD

for terms expiring November 7, 1998:

David M. Furman of Littleton, Colorado, to serve as a member knowledgeable in the area of law and to fill a vacancy occasioned by the resignation of Ted. Rubin, appointed;

Mary Edna Helfer of Denver, Colorado, to serve as a member knowledgeable in child abuse prevention and to fill a vacancy occasioned by the resignation of Cecilia E. Mascarenas, appointed;

for a term expiring November 7, 2000:

Laverne Morris of Aurora, Colorado, to serve as a representative of the business community, reappointed.


YES 31


NO 0


EXCUSED 4


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

E

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

E

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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 Wattenberg, the following Governor's appointments were confirmed by a roll call vote:

BANKING BOARD

for a term expiring July 1, 1999:

LaCharles P. Keesee of Denver, Colorado, to serve as a nonbanker from the First Congressional District and as a Democrat, appointed;

for terms expiring July 1, 2001:

Mary L. Mohr of Golden, Colorado, to serve as an executive officer of a trust company from the Sixth Congressional District and as a Democrat, reappointed;

Mary S. Reisher of Denver, Colorado, to serve as an executive officer of a bank from the First Congressional District and as a Republican, appointed;

Jerald C. Starks of Keensburg, Colorado, to serve as an executive officer of a bank from the Fourth Congressional District and as a Republican, reappointed;


YES 31


NO 0


EXCUSED 4


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

E

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

E

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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 Alexander, the following Governor's appointments were confirmed by a roll call vote:

STATE STANDARDS AND ASSESSMENTS

DEVELOPMENT AND IMPLEMENTATION COUNCIL

for terms expiring September 1, 1998:

Elliott Asp of Highlands Ranch, Colorado, to fill a vacancy occasioned by the resignation of Gary Galluzzo, appointed;

Sharon F. Simpson of Denver, Colorado, to fill a vacancy occasioned by the resignation of Jose T. Maes, appointed;

for a term expiring September 1, 1999:

Curtis H. Rokala of Littleton, Colorado, to fill a vacancy occasioned by the death of Judith C. Gilbert, appointed;

for a term expiring September 1, 2000:

Rose M. E. Duran of Pueblo, Colorado, appointed;

Dianne H. Harper of Yuma, Colorado, reappointed;

Dr. Robert L. Linn of Boulder, Colorado, reappointed.


YES 31


NO 0


EXCUSED 4


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

E

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

E

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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 Alexander, the following Governor's appointments were confirmed by a roll call vote:

STATE BOARD FOR COMMUNITY COLLEGES

AND OCCUPATIONAL EDUCATION

for a term expiring July 1, 2000:

James D. Lucas of Colorado Springs, Colorado, to serve as a representative of the Fifth Congressional District and as a Republican;

for a term expiring July 1, 2001:

Ralph G. Torres of Denver, Colorado, to serve as a representative of the First Congressional District and as a Democrat.


YES 31


NO 0


EXCUSED 4


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

E

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

E

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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 Alexander, the following Governor's appointments were confirmed by a roll call vote:

COLORADO STUDENT OBLIGATION BOND

AUTHORITY BOARD OF DIRECTORS

for terms expiring June 30, 2001:

Janice Cassin of Colorado Springs, Colorado, to serve as a Republican, reappointed;

Robert Dolphin Jr., of Durango, Colorado, to serve as a Republican, reappointed.





YES 31


NO 0


EXCUSED 4


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

E

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

E

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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 Wattenberg, the following Governor's appointments were confirmed by a roll call vote:

FINANCIAL SERVICES BOARD

for a term expiring July 1, 2001:

Martelle Chapital of Westminster, Colorado, to serve as a public member with expertise in finance and as an Unaffiliated, appointed;

Gloria M. Chavez of Antonito, Colorado, to serve as an executive officer of a state credit union and as a Democrat, reappointed;

Stephen R. Williams of Gunnison, Colorado, to serve as an executive officer of a state savings and loan and as a Democrat, reappointed.


YES 31


NO 0


EXCUSED 4


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

E

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

E

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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 Wattenberg, the following Governor's appointment was confirmed by a roll call vote:

STATE ELECTRICAL BOARD

for a term expiring July 1, 2000:

Brian D. Murray of Cascade, Colorado, to serve as a journeymen electrician and who is not an electrical contractor, reappointed.


YES 31


NO 0


EXCUSED 4


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

E

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

E

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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 Bishop, the following Governor's appointment was confirmed by a roll call vote:

MINED LAND RECLAMATION BOARD

for a term expiring March 1, 2001:

Harry J. Javernick of Lakewood, Colorado, to serve as a representative of the mining industry and to fill a vacancy occasioned by the resignation of James B. Cooley.



YES 31


NO 0


EXCUSED 4


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

E

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

E

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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 Bishop, the following Governor's appointments were confirmed by a roll call vote:

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.


YES 31


NO 0


EXCUSED 4


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

E

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

E

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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 Hopper, the following Governor's appointments were confirmed by a roll call vote:

STATE BOARD OF NURSING

for terms expiring July 1, 2000:

Inez D. Buggs of Longmont, Colorado, to serve as a licensed professional nurse registered as an advanced practice nurse, reappointed;

Jill S. Garling of Glenwood Springs, Colorado, to serve as a licensed professional nurse employed in a nursing care facility, appointed;

Ronald L. Summers of Wiley, Colorado, to serve as a licensed practical nurse engaged in practical nursing employed by a licensed hospital in a rural area, appointed;

Bonnie J. Hermesman of Durango, Colorado, to serve as a licensed professional nurse engaged in nursing service administration, and to fill a vacancy occasioned by the resignation of Gloria J. Raigoza.


YES 31


NO 0


EXCUSED 4


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

E

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

E

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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 Hopper, the following Governor's appointment was confirmed by a roll call vote:

STATE GRIEVANCE BOARD

for a term expiring July 1, 1998:

Joyce A. Vigil of Pueblo, Colorado, to serve as a member of the general public and to fill a vacancy occasioned by the resignation of Kathy J. Boyd.


YES 31


NO 0


EXCUSED 4


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

E

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

E

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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 Congrove, the following Governor's appointment was confirmed by a roll call vote:

STATE PERSONNEL BOARD

for a term expiring June 30, 2002:

Melanie L. Daly of Evergreen, Colorado.


YES 31


NO 0


EXCUSED 4


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

E

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

E

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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 Congrove, the following Governor's appointment was confirmed by a roll call vote:

COLORADO LOTTERY COMMISSION

for a term expiring July 1, 2001:

That James L. Merrill of Colorado Springs, Colorado, to serve as an attorney admitted to the practice of law in Colorado and as an Unaffiliated member.


YES 31


NO 0


EXCUSED 4


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

E

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

E

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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


Committee On motion of Senator Powers the Senate resolved itself in to Committee of the Whole

of the for consideration of General Orders and Senator Powers was called to the Chair to act

Whole as Chairman.

GENERAL ORDERS--SECOND READING OF BILL

The Committee of the Whole having risen, the Chairman reported that the following bill,

reading at length having been dispensed with by unanimous consent, had been considered and action taken thereon as follows:

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, HB 98-1364 was advanced on the General Orders calendar.

______________________________

HB 98-1364 by Rep. Owen; Senator Blickensderfer--Funding Of Supreme Court Library

Referred to Committee on Appropriations

The following bills on the General Orders calendar of Thursday, March 19, were laid over until Friday, March 20, retaining their place on the calendar:

HB 98-1158, 98-1154, 98-1014, 98-1183, 98-1243, 98-1008, 98-1093, 98-1081, 98-1079, 98-1235, 98-1360, 98-1204, 98-1309, 98-1028, 98-1036, 98-1171, 98-1016, 98-1018, 98-1025, 98-1021, 98-1274, 98-1179, 98-1103, 98-1363, 98-1332, 98-1170, 98-1033; SB 98-166; HB 98-1188, 98-1297, 98-1323, 98-1215, 98-1200, 98-1089, 98-1090, 98-1370, 98-1361, 98-1236, 98-1102, 98-1029, 98-1020, 98-1317, 98-1176, 98-1250, 98-1050, 98-1371, 98-1157, 98-1178, 98-1245, 98-1304, 98-1062.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Powers, 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 98-1364, referred to Committee on Appropriations.

HB 98-1158, 98-1154, 98-1014, 98-1183, 98-1243, 98-1008, 98-1093, 98-1081, 98-1079, 98-1235, 98-1360, 98-1204, 98-1309, 98-1028, 98-1036, 98-1171, 98-1016, 98-1018, 98-1025, 98-1021, 98-1274, 98-1179, 98-1103, 98-1363, 98-1332, 98-1170, 98-1033; SB 98-166; HB 98-1188, 98-1297, 98-1323, 98-1215, 98-1200, 98-1089, 98-1090, 98-1370, 98-1361, 98-1236, 98-1102, 98-1029, 98-1020, 98-1317, 98-1176, 98-1250, 98-1050, 98-1371, 98-1157, 98-1178, 98-1245, 98-1304, 98-1062, laid over until Friday, March 20, retaining their place on the calendar.

COMMITTEE OF REFERENCE REPORTS

Health, After consideration on the merits, the committee recommends that HB 98-1221 be

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

Welfare and favorable recommendation:

Institutions

Amend reengrossed bill, page 2, strike lines 7 and 8 and substitute the following:

"(2)  FURTHERMORE, FOR PURPOSES OF THE ATTORNEY GENERAL'S AUTHORITY OVER THE TRANSFER OF NONPROFIT HOSPITAL ASSETS, ALL NONPROFIT HOSPITALS SHALL BE DEEMED TO HOLD ALL OF THEIR ASSETS IN TRUST, AND THOSE ASSETS SHALL BE DEEMED TO BE DEDICATED TO THE SPECIFIC".

Page 9, line 1, strike "OR SCHEDULE FOR FILING".

Page 10, line 24, strike "SUBSECTION (6)," and substitute "PARAGRAPH (g),".

Page 11, line 13, strike "SUBSECTION (6)," and substitute "PARAGRAPH (g),".

Page 14, line 14, strike "PARTIES" and substitute "PERSONS".

Page 17, strike lines 23 through 26.

Page 18, strike lines 1 through 7.

Renumber succeeding sections accordingly.


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

Environment, referred favorably to the Committee on Appropriations: HB 98-1112

Welfare and

Institutions

Health, After consideration on the merits, the committee recommends that HB 98-1137 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, strike lines 14 through 22 and substitute the following:

"FEDERAL SOCIAL SECURITY ACT. IF THE FUNDS TRANSFERRED ARE UTILIZED FOR CHILD WELFARE SERVICES IN THE COUNTY, THE COUNTY MAY ONLY MAKE THE TRANSFER AFTER ALL FUNDS IN ITS CAPPED OR TARGETED ALLOCATION FOR CHILD WELFARE SERVICES UNDER SECTION 26­5­104 HAVE BEEN EXHAUSTED ON EXPENDITURES THAT ARE ALLOWABLE UNDER ARTICLE 5 OF THIS TITLE. A COUNTY SHALL NOT BE REQUIRED TO APPROPRIATE FUNDS TO PROVIDE A COUNTY MATCH PURSUANT TO THE PROVISIONS OF SECTION 26-1-122 FOR ANY FUNDS TRANSFERRED PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (8).".

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1186

Education After consideration on the merits, the committee recommends that HB 98-1296 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, before "THE", insert "(a)".

Page 2, after line 9, insert the following:

"(b)  IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT FUNDS BE USED FOR PURPOSES DIRECTLY RELATED TO INCREASING THE READING READINESS AND LANGUAGE DEVELOPMENT OF CHILDREN AND ARE NOT INTENDED TO CREATE NEW CHILD CARE OR EARLY EDUCATION PROGRAMS. THE FUNDS ARE INTENDED TO BE USED FOR:

(I)  AGE­APPROPRIATE READING READINESS TUTORING WHICH MAY INCLUDE PARENTAL EDUCATION PROGRAMS TO FURTHER FAMILY INVOLVEMENT IN READING ACTIVITIES;

(II)  THE PURCHASE OF AGE­APPROPRIATE READING READINESS MATERIALS TO SERVE EARLY CHILDHOOD PROGRAMS;

(III)  GRANTS FOR NONPROFIT AND FOR­PROFIT EARLY CHILDHOOD AND EDUCATION CARE CENTERS AND FAMILY CHILD CARE HOMES TO BECOME ACCREDITED;

(IV)  GRANTS FOR EARLY CHILDHOOD TEACHER OR CAREGIVER PROFESSIONAL DEVELOPMENT.";

strike line 21 and substitute the following:

"FUNDING FOR PROGRAMS THAT ADVANCE".

Page 5, line 5, strike "PROVIDED;" and substitute "PROVIDED THAT ARE CONSISTENT WITH THE INTENT OF THE GENERAL ASSEMBLY SET FORTH IN SUBSECTION (1) OF THIS SECTION;";

strike lines 7 and 8 and substitute the following:

"INCLUDES ONE REPRESENTATIVE FROM EACH OF THE FOLLOWING SERVICE AREA STAKEHOLDERS, IF APPLICABLE, WHO SHALL RESIDE WITHIN THE LOCAL COMMUNITY:";

strike lines 14 and 15, and substitute the following:


HB 98-1296


(Cont.)

"(E)  FOR­PROFIT CHILD CARE CENTERS;

(F)  NONPROFIT CHILD CARE CENTERS;

(G)  FAMILY CHILD CARE HOMES;

(H)  CHILD CARE PROVIDER ORGANIZATIONS;

(I)  COUNTY DEPARTMENT OF SOCIAL SERVICES;".

Reletter succeeding sub­subparagraphs accordingly.

Page 6, after line 7, insert the following:

"(a)  MEET TO ORGANIZE ITSELF AND ELECT FROM AMONG ITS MEMBERS A CHAIRPERSON WHO SHALL SERVE A TWO­YEAR TERM AND MAY NOT SUCCEED HIMSELF OR HERSELF FOR A CONSECUTIVE TERM;".

Reletter succeeding paragraphs accordingly.

Education After consideration on the merits, the committee recommends that HB 98-1057 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

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

"SECTION 1.  Article 36 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

22­36­104.5.  Schools of choice ­ funding for nonresident students. (1)  THE GENERAL ASSEMBLY HEREBY FINDS THAT SCHOOL DISTRICTS THAT INCLUDE RESORT AREAS ARE LIKELY TO RECEIVE A LARGE NUMBER OF APPLICATIONS TO ACCEPT STUDENTS AFTER OCTOBER 1 DUE TO STUDENTS' PARENTS ACCEPTING EMPLOYMENT IN THE TOURIST INDUSTRY AFTER THE BEGINNING OF THE SKI SEASON. THE GENERAL ASSEMBLY ALSO FINDS THAT, BECAUSE FUNDING FOR THE STUDENT HAS ALREADY BEEN ALLOCATED TO THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE AS OF OCTOBER 1, SCHOOL DISTRICTS THAT INCLUDE RESORT AREAS ARE RELUCTANT TO ACCEPT TRANSFER STUDENTS AFTER SAID DATE, THEREBY CAUSING POTENTIAL HARDSHIP FOR STUDENTS AND THEIR PARENTS. THE GENERAL ASSEMBLY FURTHER FINDS THAT REQUIRING THE SCHOOL DISTRICT OF RESIDENCE TO TRANSFER FUNDS FOR ANY STUDENT THAT IS ALLOWED TO TRANSFER AFTER OCTOBER 1 WOULD WORK A HARDSHIP ON THE SCHOOL DISTRICT OF RESIDENCE. THEREFORE, THE GENERAL ASSEMBLY CONCLUDES THAT IT IS APPROPRIATE TO PROVIDE SOME LEVEL OF ADDITIONAL FUNDING FOR A STUDENT WHO IS ALLOWED TO ENROLL IN A SCHOOL DISTRICT THAT INCLUDES A RESORT AREA AFTER OCTOBER 1.

(2)  ANY SCHOOL DISTRICT THAT RECEIVED STATE AID IN THE AMOUNT OF TEN PERCENT OR LESS OF THE DISTRICT'S TOTAL PROGRAM, AS DEFINED IN SECTION 22­54­103 (6), FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THAT ALLOWS A NONRESIDENT STUDENT TO ENROLL IN A SCHOOL WITHIN SAID SCHOOL DISTRICT PURSUANT TO SECTION 22­36­101 MAY APPLY TO THE DEPARTMENT OF EDUCATION FOR FUNDING FOR SAID STUDENT IN AN AMOUNT EQUAL TO THE STATE SHARE OF PER PUPIL OPERATING REVENUES RECEIVED BY THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES, REDUCED IN PROPORTION TO THE AMOUNT OF TIME REMAINING IN THE SCHOOL YEAR. SUCH FUNDING SHALL BE PAID FROM ANY MONEYS CREDITED TO THE SCHOOLS OF CHOICE FUND CREATED IN SECTION 22­36­105.

SECTION 2.  22­36­105 (3), Colorado Revised Statutes, is amended to read:


HB 98-1057


(Cont.)

22­36­105.  Schools of choice fund ­ creation ­ purpose. (3)  The moneys in said fund are subject to annual appropriation by the general assembly to the department for the direct and indirect costs of implementing and administering the interdistrict schools of choice pilot program and for the purposes set forth in sections 22­36­104 SECTIONS 22­36­104.5 and 22­36­106.

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.".

Education After consideration on the merits, the committee recommends that the following be postponed indefinitely: HB 98-1247

Agriculture, After consideration on the merits, the committee recommends that HB 98-1189 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 8 and 9 and substitute the following:

"Reservoir Pump Station

(l) Groundwater Appropriators of $ 1,700,000

the South Platte ­ Sedgewick

Augmentation Reservoir

Totals $13,522,000.".

Page 14, after line 18, insert the following:

"SECTION 15.  Section 16 of Chapter 168, Session Laws of Colorado 1997, is amended to read:

Section 16.  Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the severance tax trust fund perpetual base account pursuant to section 39­29­109 (1) (a) (I), Colorado Revised Statutes, to the department of natural resources for allocation to the water conservation board, for the fiscal year beginning July 1, 1997, the sum of four million dollars ($4,000,000), or so much thereof as may be necessary, for the implementation of this act. Said sum shall be for the Eagle Park Reservoir Company to support the Eagle Park Reservoir Rehabilitation project AND SHALL REMAIN AVAILABLE FOR THE DESIGNATED PURPOSES UNTIL THE PROJECT IS COMPLETED.".

Renumber succeeding section accordingly.

MESSAGE FROM THE HOUSE

March 19, 1998

Mr. President:

The House has adopted and transmits herewith HJR98-1019, as printed in House Journal, March 17, page 933.

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

HJR 98-1019 by Representative Kreutz; also Senator Blickensderfer--Designating March 21, 1998, as "Single Parents Day".

(Printed in House Journal, March 17, page 933.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Friday, March 20.




______________________________

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 Thursday, March 19, was laid over until Friday, March 20, retaining its place on the calendar.

______________________________

On motion of Senator Powers, the Senate adjourned until 9:00 a.m., Friday,

March 20, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate