Call to By the President pro tem at 9:00 a.m.
Order
Prayer By the chaplain, Reverend Glen E. Hamlyn.
Roll Call Present--Total, 32.
Absent/Excused--Lamborn, Norton--Total, 2.
Absent--Wattenberg--Total, 1.
Present later--Norton, Wattenberg.
Quorum The President pro tem announced a quorum present.
Reading of On motion of Senator Chlouber, reading of the Journal of March 26th was dispensed with
Journal and the Journal stands approved as corrected
by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 98-189.
Services
Correctly revised: HB 98-1154, 1311, 1335.
Correctly enrolled: SB 98-49, 63.
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 98-1311 by Rep. Udall; Senator Mutzebaugh--Business
Officers Court Representation
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 1 | ABSENT 1 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | A |
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 |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
HB 98-1154 by Rep. T. Williams; Senator Schroeder--Unemployment
Benefit Requirements
The question being "Shall the bill pass?" the roll was called with the following result:
YES 30 | NO 3 | EXCUSED 1 | ABSENT 1 | ||||
Alexander | Y | Feeley | N | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | N |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | A |
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 | N | 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 98-1335 by Rep. Grampsas; Sen. Hopper--Fixed Guideway
Authority
The question being "Shall the bill pass?" the roll was called with the following result:
YES 28 | NO 5 | EXCUSED 1 | ABSENT 1 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | N | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | A |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | E | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | N |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsors added: Ament, Bishop, Dennis, Feeley,
Hernandez, Linkhart, Martinez, Matsunaka, Mutzebaugh, Norton,
Pascoe, Perlmutter, Phillips, Reeves, Rizzuto, Rupert, Thiebaut.
Committee On motion of Senator Bishop, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Bishop was called to the Chair to act
Whole as Chairman.
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman
reported that the following bills, reading at length having been
dispensed with by unanimous consent, had been considered and action
taken thereon as follows:
HB 98-1128 by Rep. May; Senator Ament--Motor Vehicle Sales Transactions
(Amended in General Orders as printed in Senate Journal,
March 25, page 568.)
Amendment No. 1, by Senator Linkhart
Amend the Ament amendment, as printed in Senate Journal,
March 25, page 568, after line 28, insert the following:
""Page 15 of the reengrossed bill, strike
lines 5 through 7, and substitute the following:
"practice fraud, make any fraudulent representation,
or violate any of the provisions of this part 1 THAT ARE DESIGNATED
BY THE BOARD BY RULE in the conduct of the business for which
such applicant is licensed.";
strike lines 19 and 20 of the reengrossed bill, and
substitute the following:
"vehicle salesperson without fraud or fraudulent
representation and without the violation of any of the provisions
of this part 1 THAT ARE DESIGNATED BY THE BOARD BY RULE.".
Page 16 of the reengrossed bill, strike line 12,
and substitute the following:
"representation and without violating ANY OF
THE PROVISIONS OF this part 1 THAT ARE DESIGNATED BY THE EXECUTIVE
DIRECTOR BY RULE.";";
line 30 of the Ament amendment, strike ""Page
16 of the reengrossed bill, line 16," and substitute "line
16 of the reengrossed bill,";
after line 31 of the Ament amendment, insert the
following:
"Page 528 of the committee amendment, after
line 9, insert the following:
"Page 19 of the reengrossed bill, strike lines
4 through 7, and substitute the following:
HB 98-1128
(Cont.)
"within the scope of the employment of the salesperson
or suffers any loss or damage by reason of the violation by such
dealer or salesperson of any of the provisions of this part 1
THAT ARE DESIGNATED BY THE BOARD BY RULE, whether or not such
violation is the basis for denial, suspension, or revocation of
a license, such person shall have".".".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage. (For further action, see
page 620, where the Wells amendment to the Report of the Committee
of the Whole was adopted.)
HB 98-1158 by Rep. Musgrave; Sen. Arnold--Parental Consent To Use Of Student Data
(Amended in General Orders as printed in Senate Journal,
March 24, page 547.)
Re-referred to Committee on Education.
HB 98-1093 by Rep. Veiga; Sen. Mutzebaugh--Partisan
Elections For RTD Board Members
Amendment No. 1, Transportation Committee Amendment
(Printed in Senate Journal, March 9, page 429.)
As amended, declared LOST on Second Reading.
HB 98-1264 by Rep. Adkins; Sen. Wells--Discovery
Procedures In Class 1 Felonies
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 98-1141 by Rep. Allen; Sen. Lacy--Terminating
Tenancy As Public Nuisance
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, March 18, page 492.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
SB 98-166 by Sen. Mutzebaugh--Transportation Planning,
retaining its place on the calendar.
Laid over until Monday, March 30, retaining its place
on the calendar.
HB 98-1300 by Rep. Adkins; Sen. Wham--Oversight Of
Public Defenders Office
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, March 20, pages 508-509.)
Amendment No. 2, by Senator Wham
Amend reengrossed bill, page 6, line 5, strike "APPROVED"
and substitute "REVIEWED";
strike lines 7 through 14 and substitute the following:
"(b) THE COMMISSION AND THE STATE
PUBLIC DEFENDER SHALL ANNUALLY MEET WITH THE JUDICIARY COMMITTEES
OF THE HOUSE OF REPRESENTATIVES AND THE SENATE. THE MEETING SHALL
INCLUDE, BUT NEED NOT BE LIMITED TO, DISCUSSION OF THE STATE PUBLIC
DEFENDER'S PERFORMANCE REVIEW DESCRIBED IN PARAGRAPH (a) OF THIS
SUBSECTION (2).";
line 20, strike "COMMISSION" and substitute
"STATE PUBLIC DEFENDER";
line 23, strike "A REPORT SPECIFYING:"
and substitute "AN ANNUAL REPORT INCLUDING:";
line 25, strike "CALENDAR" and substitute
"FISCAL";
strike line 26 and substitute the following:
HB 98-1300
(Cont.)
"CATEGORIZED BY THE LEVEL OF OFFENSES CHARGED;".
Page 7, strike lines 1 and 2;
line 3, after "HANDLED", insert "DURING
THE PRECEDING FISCAL YEAR";
line 7, after "MADE", insert "DURING
THE PRECEDING FISCAL YEAR".
Page 12, line 20, strike "APPROVED" and
substitute "REVIEWED";
strike lines 22 through 26 and substitute the following:
"(b) THE COMMISSION AND THE ALTERNATE
DEFENSE COUNSEL SHALL ANNUALLY MEET WITH THE JUDICIARY COMMITTEES
OF THE HOUSE OF REPRESENTATIVES AND THE SENATE. THE MEETING SHALL
INCLUDE, BUT NEED NOT BE LIMITED TO, DISCUSSION OF THE ALTERNATE
DEFENSE COUNSEL'S PERFORMANCE REVIEW DESCRIBED IN PARAGRAPH (a)
OF THIS SUBSECTION (2).".
Page 13, strike lines 1 through 3;
line 10, strike "COMMISSION" and substitute
"ALTERNATE DEFENSE COUNSEL";
line 13, strike "A REPORT SPECIFYING:"
and substitute "AN ANNUAL REPORT INCLUDING:";
line 15, strike "CALENDAR" and substitute
"FISCAL";
strike lines 16 through 18 and substitute the following:
"CATEGORIZED BY THE LEVEL OF OFFENSES CHARGED;";
line 19, after "HANDLED", insert "DURING
THE PRECEDING FISCAL YEAR";
line 23, after "MADE", insert "DURING
THE PRECEDING FISCAL YEAR".
As amended, declared LOST on Second Reading. (For
further action, see page 619, where the Wham amendment to the
Report of the Committee of the Whole was adopted and HB 98-1300
as amended, was ordered revised and placed on the calendar for
Third Reading and Final Passage.)
HB 98-1053 by Rep. Kreutz; Senator Wattenberg--ShortTerm
Health Insurance
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, March 20, pages 509-510.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1261 by Rep. Tool; Senator Mutzebaugh--School
District Reorganization
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 98-1016 by Rep. T. Williams; Senator Schroeder--Regulation
Of Architects
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, February 18, pages 266-267.)
Amendment No. 2, by Senator Schroeder
Amend the committee amendment, as printed in Senate
Journal, February 18, page 266, strike lines 18 through 27 and
substitute the following:
"Amend reengrossed bill, page 1, line 2, strike
"(5), Colorado Revised Statutes, is" and substitute
"(5) and (6), Colorado Revised Statutes, are".
Page 2 of the reengrossed bill, strike lines 6 through
17 and substitute the following:
"BY COMPUTER ASSISTED DESIGN AND DRAFTING SOFTWARE, COMMONLY KNOWN AS "CADD", OR OTHER MEANS.
HB 98-1016
(Cont.)
(5) (a) The "practice of architecture"
means the performance of the professional services of planning
and design of buildings, preparation of construction contract
documents including working drawings and specifications for the
construction of buildings, AND THE observation of construction
pursuant to an agreement between an architect and any other person,
and administration of construction
contracts for the construction of buildings,
but DOES not INCLUDE the performance of the construction of buildings.
(b) AN ARCHITECT'S PROFESSIONAL SERVICES
MAY INCLUDE ANY OR ALL OF THE FOLLOWING:
(I) INVESTIGATIONS, EVALUATIONS, SCHEMATIC
AND PRELIMINARY STUDIES, DESIGNS, WORKING DRAWINGS, AND SPECIFICATIONS
FOR CONSTRUCTION, OR FOR ONE OR MORE BUILDINGS, AND FOR THE SPACE
WITHIN AND SURROUNDING THE BUILDINGS OR STRUCTURES;
(II) COORDINATION OF THE WORK OF TECHNICAL
AND SPECIAL CONSULTANTS;
(III) COMPLIANCE WITH GENERALLY APPLICABLE
CODES AND REGULATIONS, AND ASSISTANCE IN THE GOVERNMENTAL REVIEW
PROCESS;
(IV) TECHNICAL ASSISTANCE IN THE PREPARATION
OF BID DOCUMENTS AND AGREEMENTS BETWEEN CLIENTS AND CONTRACTORS;
(V) CONTRACT ADMINISTRATION; AND
(VI) CONSTRUCTION OBSERVATION.
(c) NOTHING IN THIS SUBSECTION (5) SHALL
PRECLUDE ANY OTHER PERSON OR ENTITY FROM PROVIDING ANY SERVICE
ALLOWED BY SECTION 124112.
(6) "Responsible charge
CONTROL" means THAT AMOUNT OF".".
Page 267 of the committee amendment, strike lines
16 through 19 and substitute the following:
"Page 5 of the reengrossed bill, strike lines
3 through 5 and substitute the following:
"licensee, for transactions
occurring after a final agency action determining that a violation
of this article has occurred, THE
BOARD MAY IMPOSE a fine of not less
than one thousand dollars nor more than two
NOT MORE THAN FIVE".".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1209 by Rep. Young; Senator Rizzuto--Education
Reform
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 98-1252 by Rep. Dyer; Sen. Alexander--Mission
Of Fort Lewis College
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 98-1368 by Rep. Adkins; Sen. Mutzebaugh--Scientific & Cultural Facilities Dists
(Local Government Committee Amendment as printed
in Senate Journal, March 20, pages 513-514, declared LOST on Second
Reading.)
Amendment No. 1, by Senator Mutzebaugh
Amend reengrossed bill, page 4, line 10, strike "OTHER
THAN THE DISTRICT CREATED IN SECTION 32-13-104,".
HB 98-1368 As amended, ordered revised and placed on the calendar for Third Reading and Final
(Cont.) Passage.
HB 98-1305 by Rep. Grossman; Senator Wham--County
Boundary Adjustments
Amendment No. 1, Local Government Committee Amendment
(Printed in Senate Journal, March 23, pages 524-525.)
Amendment No. 2, by Senator Wham
Amend the Local Government Committee amendment, as
printed in Senate Journal, March 23, page 525, line 3, strike
"WHERE" and substitute "AND";
line 4, strike "TITLE 32" and substitute
"TITLE 32, C.R.S., THAT".
Amendment No. 3, by Senator Wham
Amend the Local Government Committee amendment, as
printed in Senate Journal, March 23, page 525, line 39, strike
"FAMILIES.".", and substitute "FAMILIES.
(8) NOTHING IN THIS SECTION SHALL SUPERSEDE
OR CONFLICT WITH THE REQUIREMENTS OF SECTION 1 OF ARTICLE XX OF
THE COLORADO CONSTITUTION AND SECTION 306113 REGARDING
APPROVAL BY THE BOUNDARY CONTROL COMMISSION IF A MINOR BOUNDARY
ADJUSTMENT PURSUANT TO THIS SECTION ADDS TERRITORY TO THE CITY
AND COUNTY OF DENVER.".".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage. (For further action, see
page 620, Roll Call Vote.)
HB 98-1028 by Rep. Young; Senator Bishop--Continue
Bingo & Raffle Regulation
HB 98-1028 was laid on the table.
HB 98-1177 by Rep. Agler; Sen. Hopper--Sex Offenders
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, March 13, pages 464-465.)
Amendment No. 2, by Senators Congrove and Hopper
Amend reengrossed bill, page 15, line 13, strike
"SUBPARAGRAPH (IV)" and substitute "SUBPARAGRAPHS
(IV) AND (V)";
line 20, strike "SUBPARAGRAPH (IV)" and
substitute "SUBPARAGRAPHS (IV) AND (V)".
Page 16, line 1, strike "SUBPARAGRAPH (IV)"
and substitute "SUBPARAGRAPHS (IV) AND (V)";
line 15, strike "BEHAVIOR." and substitute
"BEHAVIOR;";
after line 15, insert the following:
HB 98-1177
(Cont.)
"(V) IF THE PERSON WAS LESS THAN SIXTEEN YEARS
OF AGE AT THE TIME OF ADJUDICATION, AFTER THE SUCCESSFUL COMPLETION
OF AND DISCHARGE FROM THE SENTENCE, IF THE PERSON PRIOR TO SUCH
TIME HAS NOT BEEN SUBSEQUENTLY CONVICTED OF ANY OFFENSE INVOLVING
UNLAWFUL SEXUAL BEHAVIOR. ANY PERSON PETITIONING PURSUANT TO THIS
SUBPARAGRAPH (V) MAY ALSO PETITION FOR AN ORDER REMOVING HIS OR
HER NAME FROM THE REGISTRY MAINTAINED PURSUANT TO SUBSECTION (6)
OF THIS SECTION. IN DETERMINING WHETHER TO GRANT THE ORDER, THE
COURT SHALL CONSIDER WHETHER THE PERSON IS LIKELY TO COMMIT A
SUBSEQUENT SEXUAL OFFENSE. THE COURT SHALL BASE ITS DETERMINATION
ON RECOMMENDATIONS FROM THE PERSON'S PROBATION OR PAROLE OFFICER,
THE PERSON'S TREATMENT PROVIDER, AND THE PROSECUTING ATTORNEY
FOR THE JURISDICTION IN WHICH THE PERSON WAS ADJUDICATED AND ON
THE RECOMMENDATIONS INCLUDED IN THE PERSON'S PRESENTENCE INVESTIGATION.".
Amendment No. 3, by Senator Hopper
Amend the Judiciary Committee Amendment, as printed
in Senate Journal, March 13, page 465, strike lines 12 through
14 and substitute the following:
"section 1611204.3, C.R.S. and
general fund appropriations. THE
FUND SHALL ALSO INCLUDE ANY ADDITIONAL MONEYS THAT MAY BE APPROPRIATED
THERETO BY THE GENERAL ASSEMBLY TO FUND THE COSTS INCURRED IN
GENETIC TESTING OF SEX OFFENDERS.";
line 15, strike "general fund appropriations.".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
Senator Wells moved that the Committee of the Whole
rise, report progress and beg leave to sit again. A majority of
those elected to the Senate having voted in the affirmative, the
motion was adopted.
AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE
WHOLE
HB 98-1300 by Rep. Adkins; Sen. Wham--Oversight Of
Public Defenders Office
Senator Wham moved to amend the Report of the Committee
of the Whole to show that HB 98-1300 as amended, passed on Second
Reading.
Call of Call of Senate.
Senate
Call Raised.
The motion was adopted by the following roll call vote:
YES 20 | NO 14 | EXCUSED 1 | ABSENT 0 | ||||
Alexander | Y | Feeley | N | Mutzebaugh | YE | Tanner | N |
Ament | Y | Hernandez | N | Pascoe | N | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | N | Thiebaut | N |
Bishop | YY | Johnson | N | Phillips | N | Wattenberg | Y |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | E | Reeves | N | Wells | Y |
Coffman | Y | Linkhart | N | Rizzuto | N | Wham | Y |
Congrove | Y | Martinez | N | Rupert | N | Mr. President |
Y |
Dennis | Y | Matsunaka | N | Schroeder | Y |
HB 98-1300 as amended, declared passed on Second
Reading.
HB 98-1128 by Rep. May; Senator Ament--Motor Vehicle
Sales Transactions
Senator Martinez moved to amend the Report of the
Committee of the Whole to show that the following amendment to
HB 98-1128 as amended, did pass:
Amend reengrossed bill, page 5, line 19 strike "nine"
and substitute "nine
ELEVEN";
line 22, strike "three"
and substitute "three
FIVE".
The amendment was declared lost by the following
roll call vote:
YES 14 | NO 20 | EXCUSED 1 | ABSENT 0 | ||||
Alexander | N | Feeley | Y | Mutzebaugh | NE | Tanner | Y |
Ament | N | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | N | Hopper | N | Perlmutter | Y | Thiebaut | Y |
Bishop | NY | Johnson | Y | Phillips | Y | Wattenberg | N |
Blickensderfer |
N | Lacy | N | Powers | N | Weddig | Y |
Chlouber | N | Lamborn | E | Reeves | N | Wells | N |
Coffman | N | Linkhart | Y | Rizzuto | Y | Wham | N |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
N |
Dennis | N | Matsunaka | Y | Schroeder | N |
HB 98-1128 by Rep. May; Senator Ament--Motor Vehicle
Sales Transactions
Senator Wells moved to amend the Report of the Committee
of the Whole to show that HB 98-1128 as amended, was amended as
follows:
Amend reengrossed bill, page 13, after line 17, insert
the following:
"SECTION
7. 12-6-108(1)(b), Colorado Revised Statutes,
is amended to read:
126108. Classes of licenses.
(1) Licenses issued under the provisions of this part 1 shall
be of the following classes:
(b) Used motor vehicle dealer's license shall permit
the licensee to engage in the business of selling, exchanging,
leasing, or offering used motor vehicles only. Such license shall
also permit a licensee to negotiate for a consumer the sale, exchange,
or lease of used and new motor vehicles not owned by the licensee,
except those vehicles defined in section 421102 (55),
C.R.S., as motorcycles and section 3314.5101 (3),
C.R.S., as offhighway vehicles; however, the licensee shall
disclose IN WRITING to all parties prior to any such negotiation
for the sale, exchange, or lease of a motor vehicle not owned
by the licensee, the amount of any compensation to be received
by the licensee from the consumer and the owner of the motor vehicle
as a result of such transaction. This form of license shall permit
not more than two persons named therein who shall be owners or
part owners of the business of the licensee to act as motor vehicle
salespersons.".
Renumber succeeding sections accordingly.".
A majority of all members elected to the Senate having
voted in the affirmative, the amendment was adopted.
ROLL CALL VOTE ON HB 98-1305
HB 98-1305 by Rep. Grossman; Senator Wham--County
Boundary Adjustments
On the request of Senator Tebedo, the President ordered a roll call vote on HB 98-1305.
YES 21 | NO 13 | EXCUSED 1 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | NE | Tanner | Y |
Ament | N | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | N | Hopper | Y | Perlmutter | N | Thiebaut | Y |
Bishop | YY | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
N | Lacy | Y | Powers | N | Weddig | Y |
Chlouber | N | Lamborn | E | Reeves | Y | Wells | N |
Coffman | N | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
N |
Dennis | Y | Matsunaka | Y | Schroeder | N |
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Bishop, the Report of the Committee
of the Whole, as amended, was adopted and, a majority of all members
elected having voted in the affirmative, the following action
was taken:
HB 98-1264, 98-1261, 98-1209, 98-1252, declared passed on Second Reading.
HB 98-1128 as amended, 98-1141 as amended, 98-1053 as amended, 98-1016 as amended, 98-1368 as amended, 98-1305 as amended, 98-1177 as amended, 98-1300 as amended, declared passed on Second Reading.
HB 98-1093 as amended, declared lost on Second Reading.
HB 98-1028, laid on the table.
HB 98-1158, re-referred to Committee on Education.
SB 98-166, laid over until Monday, March 30, retaining
its place on the calendar.
Senate in recess.
Senate reconvened.
Call of Call of Senate.
Senate
Call Raised.
Committee On motion of Senator Bishop, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Bishop was called to the Chair to act
Whole as Chairman.
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman
reported that the following bills, reading at length having been
dispensed with by unanimous consent, had been considered and action
taken thereon as follows:
HB 98-1249 by Rep. Dean; Senator B. Alexander--Charter School Funding
(Amended as printed in Senate Journal, March 25,
page 567.)
HB 98-1249 was laid on the table.
HB 98-1045 by Rep. Sinclair; Sen. Tebedo--Attempted Killing In Dom Rel Cases
(Amended in General Orders as printed in Senate Journal,
March 25, page 565.)
Amendment No. 1, by Senator Tebedo
Amend reengrossed bill, page 2, line 19, strike "AGAINST
SUCH";
strike lines 20 and 21 and substitute the following:
"AS SAID CRIMES ARE DEFINED IN SECTIONS 183102
AND 183103, C.R.S.".
Page 3, line 25, strike "AGAINST SUCH PARTY'S";
line 26, strike "SPOUSE OR FORMER SPOUSE SEEKING
MAINTENANCE".
Page 4, line 1, strike "TO 183104,
C.R.S." and substitute "AND 183103, C.R.S.".
As amended, declared LOST on Second Reading.
HB 98-1375 by Rep. Anderson; Sen. Bishop--Transportation
Planning Regions
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 98-1312 by Rep. Pfiffner; Senator Blickensderfer--State
Employee Compensation Law
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, March 24, pages 559-560.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1041 by Rep. Dean; Senator Schroeder--Theft
Of Cable Services
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, March 23, pages 535-539.)
Amendment No. 2, by Senator Schroeder
Amend the committee amendment, as printed in Senate
Journal, dated March 23, page 537, strike line 42 and substitute
the following:
"MAINTAINING SUCH AN ACTION.".
Amendment No. 3, by Senator Wells
Amend the Judiciary committee amendment as printed
in the Senate Journal, March 23, 1998, page 538, line 53, strike
"ADVANTAGE
OR"
and substitute "ADVANTAGE.";
strike line 54.
Amendment No. 4, by Senator Congrove
Amend the Judiciary Committee amendment, as printed
in the Senate Journal , March 23, 1998, page 538, line 41, strike
"FIVE
THOUSAND"
and substitute "FOUR
THOUSAND".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1140 by Rep. C. Berry; Senator Norton--Workers'
Comp PPD Schedule
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, March 23, page 526.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1372 by Rep. Swenson; Senator Norton--Certificate
Of Review To Cover Employer
Amendment No. 1, by Senator Norton
Amend reengrossed bill, strike everything below the
enacting clause, and substitute the following:
"SECTION 1. 1320602
(1), Colorado Revised Statutes, is amended to read:
1320602. Actions against
licensed professionals and acupuncturists certificate of
review required. (1) (a) In
every action for damages or indemnity based upon the alleged professional
negligence of an acupuncturist regulated pursuant to article 29.5
of title 12, C.R.S., or a licensed professional, the plaintiff's
or complainant's attorney shall file with the court a certificate
of review for each acupuncturist or licensed professional named
as a party, as specified in subsection (3) of this section, within
sixty days after the service of the complaint, counterclaim, or
cross claim against such person unless the court determines that
a longer period is necessary for good cause shown.
(b) A CERTIFICATE OF REVIEW SHALL BE FILED
WITH RESPECT TO EVERY ACTION DESCRIBED IN PARAGRAPH (a) OF THIS
SUBSECTION (1) AGAINST A COMPANY OR FIRM THAT EMPLOYED A PERSON
SPECIFIED IN SUCH PARAGRAPH (a) AT THE TIME OF THE ALLEGED NEGLIGENCE,
EVEN IF SUCH PERSON IS NOT NAMED AS A PARTY IN SUCH ACTION.
HB 98-1372
(Cont.)
SECTION 20 Effective date
applicability. (1) This act
shall take effect February 1, 1999, unless a referendum petition
is filed during the ninetyday period after final adjournment
of the general assembly that is allowed for submitting a referendum
petition pursuant to article V, section 1 (3) of the state constitution.
If such a referendum petition is filed against this act or an
item, section, or part of this act within such period, then the
act, item, section, or part, shall take effect on the specified
date only if approved by the people.
(2) The provisions of this act shall apply
to actions filed on or after the applicable effective date of
this act.".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1005 by Rep. Spradley; Sen. Blickensderfer--Reduction
Of Property Taxes
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, March 6, page 416.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, March 25, page 563.)
Amendment No. 3, by Senator Blickensderfer
Amend reengrossed bill, page 4, after line 17, insert
the following:
"SECTION 6. 393119.5,
Colorado Revised Statutes, is amended to read:
393119.5. Personal property
exemption. (1) For property
tax years commencing on and after January 1, 1997, personal property
not otherwise exempt from property tax shall be exempt from the
levy and collection of property tax if the personal property would
otherwise be listed on a single personal property schedule and
the actual value of such personal property is two thousand five
hundred dollars or less.
(2) FOR PROPERTY TAX YEARS COMMENCING
ON AND AFTER JANUARY 1, 1997, THE EXEMPTION CREATED IN SUBSECTION
(1) OF THIS SECTION SHALL APPLY ONLY IF THE ACTUAL VALUE OF THE
PERSONAL PROPERTY OWNED BY THE TAXPAYER IN EACH COUNTY IS TWO
THOUSAND FIVE HUNDRED DOLLARS OR LESS; EXCEPT THAT A PUBLIC UTILITY
VALUED UNDER ARTICLE 4 OF THIS TITLE SHALL QUALIFY FOR THE EXEMPTION
CREATED IN SUBSECTION (1) OF THIS SECTION ONLY IF THE TOTAL ACTUAL
VALUE OF THE PUBLIC UTILITY'S PERSONAL PROPERTY IN THE STATE IS
TWO THOUSAND FIVE HUNDRED DOLLARS OR LESS.".
Renumber succeeding section accordingly.
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1306 by Rep. McElhany; Sen. Blickensderfer--Work
Comp Criteria To End TTD
Laid over until Monday, March 30, retaining its place
on the calendar.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Bishop, 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 98-1375, declared passed on Second Reading.
HB 98-1312 as amended, 98-1041 as amended, 98-1140 as amended, 98-1372 as amended, 98-1005 as amended, declared passed on Second Reading.
HB 98-1045 as amended, declared lost on Second Reading.
HB 98-1249, laid on the table.
HB 98-1306, laid over until Monday, March 30, retaining
its place on the calendar.
APPOINTMENT TO CONFERENCE COMMITTEE
SB 98-36 by Sen. Wham; Rep. Epps--Telemedicine Require
Colo License
The President appointed Senator Matsunaka to replace
Senator Perlmutter as a Senate Conferee on the First Conference
Committee on SB 98-36.
COMMITTEE OF REFERENCE REPORTS
Approp- After consideration on the merits, the committee recommends that SB 98-26 be
riations amended as follows and, as so amended, be
referred favorably to the Committee of the Whole with favorable
recommendation:
Amend printed bill, page 5, after line 3, insert
the following:
"SECTION 3. No appropriation. The general
assembly has determined that this act can be implemented within
existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.".
Renumber succeeding sections.
Approp- After consideration on the merits, the committee recommends that SB 98-120 be
riations amended as follows and, as so amended, be
referred favorably to the Committee of the Whole with favorable
recommendation:
Amend the committee amendment, as printed in Senate
Journal, February 9, page 191, line 7, strike "majority."."
and substitute "majority.";
after line 7, insert the following:
"SECTION 3. Appropriation. In addition
to any other appropriation, there is hereby appropriated, out
of cash funds to be received from the regional transportation
district, to the department of revenue, for the fiscal year beginning
July 1, 1998, the sum of eighty-eight thousand dollars ($88,000),
or so much thereof as may be necessary, for the implementation
of this act.".".
Page 191 of the committee amendment, after line 9,
insert the following:
"Page 1 of the printed bill, line 102, strike
"DISTRICT.", and substitute "DISTRICT, AND MAKING
AN APPROPRIATION IN CONNECTION THEREWITH.".".
Approp- After consideration on the merits, the committee recommends that SB 98-180 be
riations amended as follows and, as so amended, be
referred favorably to the Committee of the Whole with favorable
recommendation:
Amend printed bill, page 7, line 5, strike "__
dollars ($ )" and substitute "two hundred forty-five
thousand two hundred eighty-one ($245,281)".
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the
Whole: SB 98-30 and HB 98-1395
Health, After consideration on the merits, the committee recommends that SB 98-182 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
Amend printed bill, page 6, strike lines 13 through
26.
Page 7, strike lines 1 through 12 and substitute
the following:
"SECTION 5.
42-4-310, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBSECTION to read:".
Health, After consideration on the merits, the committee recommends that SB 98-185 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
Amend printed bill, page 2 strike lines 2 through
21.
Strike pages 3 through 5.
Page 6, strike lines 1 through 3, and substitute
the following:
"SECTION 10 262703,
Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING
NEW SUBSECTIONS to read:
262703. Definitions.
As used in this part 7, unless the context otherwise requires:
(18.5) "TARGETED SPENDING LEVEL"
MEANS THE AMOUNT OF COUNTY FUNDS THAT A COUNTY SHALL APPROPRIATE
PURSUANT TO THE PROVISIONS OF SECTION 261122 FOR THE
PURPOSE OF DEFRAYING THE COUNTY'S MAINTENANCE OF EFFORT REQUIREMENT
FOR THE WORKS PROGRAM.
(21.5) "WORKS ALLOCATION COMMITTEE"
MEANS THE COMMITTEE CREATED PURSUANT TO SECTION 262714
(6).
SECTION 20 262714
(2), (5), and (6), Colorado Revised Statutes, are amended, and
the said 262714 is further amended BY THE ADDITION
OF THE FOLLOWING NEW SUBSECTIONS, to read:
262714. County block grants
formula use of moneys. (2) Subject
to available appropriations, in state fiscal year 199899
and in each fiscal year thereafter, the state department, WITH
INPUT FROM THE WORKS ALLOCATION COMMITTEE, CREATED PURSUANT TO
THE PROVISIONS OF SUBSECTION (6) OF THIS SECTION, may adjust the
county block grant identified in subsection (1) of this section
by increasing or reducing the amount of such grant based upon
factors that shall include but not be limited to:
(a) The county's population and the Colorado
works program caseload;
(b) The unemployment rate in the county
based upon the state department of labor and employment assessment
of county unemployment rates for the prior year;
(c) The county's performance in meeting
the obligations under the performance contract with the state
department pursuant to the provisions of section 262715;
(d) A county's failure to maintain its
historic effort as required pursuant to subsection (6) of this
section;
(e) Other factors determined by the state
department that directly affect the population of needy families
in a county.
(2.5) IN THE EVENT THAT THE STATE DEPARTMENT
AND THE WORKS ALLOCATION COMMITTEE DO NOT REACH AN AGREEMENT ON
ADJUSTMENTS TO THE COUNTY BLOCK GRANTS PURSUANT TO THE PROVISIONS
OF SUBSECTION (2) OF THIS SECTION ON OR BEFORE JUNE 15 OF EACH
STATE FISCAL YEAR, THE WORKS ALLOCATION COMMITTEE SHALL SUBMIT
ALTERNATIVES TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY
FROM WHICH SUCH JOINT BUDGET COMMITTEE SHALL IDENTIFY EACH INDIVIDUAL
COUNTY'S BLOCK GRANT FOR SUCH STATE FISCAL YEAR.
(5) (a) A county shall be authorized to maintain a reserve account of county block grant funds pursuant to rules promulgated by the state department. At the end of each state fiscal year, a county shall remit to the shortterm works emergency fund created in section 262720 fifty percent of any amount in such county reserve account that is in excess of twenty percent of the total county block grant for such state fiscal year.
SB 98-185
(Cont.)
(b) A COUNTY SHALL BE REQUIRED TO MAINTAIN
IN SUCH COUNTY'S SOCIAL SERVICES FUND CREATED PURSUANT TO SECTION
261123 ANY COUNTY FUNDS THAT WERE APPROPRIATED PURSUANT
TO SECTION 262716 (1) (a) AND SECTION 261122
(6) IN ORDER TO MEET THE TARGETED SPENDING LEVEL REQUIRED PURSUANT
TO SUBSECTION (6) OF THIS SECTION BUT NOT ACTUALLY EXPENDED ON
THE WORKS PROGRAM DURING THE STATE FISCAL YEAR FOR WHICH THE COUNTY
APPROPRIATED SUCH FUNDS.
(6) (a) Targeted spending levels.
For state fiscal year 199798 AND EACH STATE FISCAL YEAR
THEREAFTER, a county shall be required
to meet levels of spending on the works program that meet or exceed
A COUNTY'S TARGETED SPENDING LEVEL SHALL BE AN AMOUNT THAT MEETS
OR EXCEEDS one hundred percent of the county's spending on AFDC,
JOBS, and the administrative costs related to those programs in
state fiscal year 199596.
(b) Actual spending levels 199798.
For state fiscal year 199899
and for each fiscal year thereafter, a county shall be required
to meet the levels of spending on the works program that are identified
in the performance contract with the state department entered
into pursuant to section 262715.
(I) FOR STATE FISCAL YEAR 199798, ALL COUNTIES
COLLECTIVELY SHALL BE REQUIRED TO MEET AN ACTUAL LEVEL OF SPENDING
ON THE WORKS PROGRAM THAT CONSTITUTES EIGHTY PERCENT OF WHAT ALL
COUNTIES COLLECTIVELY SPENT ON AFDC, JOBS, AND THE ADMINISTRATIVE
COSTS RELATED TO THOSE PROGRAMS IN STATE FISCAL YEAR 199394.
(II) SUBJECT TO THE PROVISIONS OF SUBSECTION
(8) OF THIS SECTION, THE STATE DEPARTMENT SHALL DETERMINE A SPECIFIC
SPENDING LEVEL FOR EACH COUNTY FOR STATE FISCAL YEAR 199798
BASED UPON THE COUNTY'S PROPORTIONATE SHARE OF EXPENDITURES ON
AFDC, JOBS, AND THE ADMINISTRATIVE COSTS RELATED TO THOSE PROGRAMS
IN STATE FISCAL YEAR 199596, AS COMPARED TO THE TOTAL LEVEL
OF SPENDING ON SUCH PROGRAMS AND COSTS FOR ALL COUNTIES FOR STATE
FISCAL YEAR 199596.
(III) IN NO EVENT SHALL A COUNTY'S SPECIFIC
SPENDING LEVEL FOR STATE FISCAL YEAR 199798 EXCEED THE ACTUAL
TOTAL EXPENDITURES IN SUCH COUNTY FOR THE WORKS PROGRAM FOR STATE
FISCAL YEAR 199798.
(c) Actual spending levels 199899
and thereafter. (I) FOR STATE FISCAL YEAR 199899
AND FOR EACH STATE FISCAL YEAR THEREAFTER, ALL COUNTIES COLLECTIVELY
SHALL BE REQUIRED TO MEET LEVELS OF SPENDING ON THE WORKS PROGRAM
THAT ARE SET FORTH IN THE ANNUAL LONG APPROPRIATION ACT, SUBJECT
TO THE PROVISIONS OF SUBSECTION (8) OF THIS SECTION.
(II) FOR STATE FISCAL YEAR 199899
AND FOR EACH STATE FISCAL YEAR THEREAFTER, EACH COUNTY'S LEVEL
OF SPENDING SHALL BE IDENTIFIED BY THE WORKS ALLOCATION COMMITTEE
CREATED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH (c) NO LATER THAN
JUNE 15 OF EACH STATE FISCAL YEAR. IN THE EVENT THAT THE WORKS
ALLOCATION COMMITTEE DOES NOT REACH AN AGREEMENT ON EACH INDIVIDUAL
COUNTY'S LEVEL OF SPENDING FOR A STATE FISCAL YEAR ON OR BEFORE
JUNE 15 OF SUCH STATE FISCAL YEAR, THE COMMITTEE SHALL SUBMIT
ALTERNATIVES TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY
FROM WHICH SUCH JOINT BUDGET COMMITTEE SHALL IDENTIFY EACH INDIVIDUAL
COUNTY'S LEVEL OF SPENDING FOR A STATE FISCAL YEAR. THE AMOUNT
IDENTIFIED FOR A COUNTY'S LEVEL OF SPENDING SHALL BE IDENTIFIED
IN THE COUNTY'S PERFORMANCE CONTRACT WITH THE STATE DEPARTMENT
ENTERED INTO PURSUANT TO SECTION 262715.
SB 98-185
(Cont.)
(III) THE WORKS ALLOCATION COMMITTEE SHALL
ALSO IDENTIFY THE AMOUNT OF MITIGATION THAT SHALL BE ALLOCATED
FOR A SMALL COUNTY IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION
(8) OF THIS SECTION. THE WORKS ALLOCATION COMMITTEE MAY CREATE
A SUBCOMMITTEE THAT REPRESENTS THE INTERESTS OF SMALL COUNTIES
AS DEFINED IN SUBSECTION (8) OF THIS SECTION, WHICH SUBCOMMITTEE
MAY MAKE RECOMMENDATIONS CONCERNING THE MITIGATION AMOUNTS TO
BE ALLOCATED FOR A SMALL COUNTY PURSUANT TO THE PROVISIONS OF
SUBSECTION (8) OF THIS SECTION.
(IV) THERE IS HEREBY CREATED THE WORKS
ALLOCATION COMMITTEE THAT SHALL CONSIST OF FIVE COUNTY COMMISSIONERS
APPOINTED BY A STATEWIDE ASSOCIATION OF COUNTIES AND TWO MEMBERS
APPOINTED BY THE STATE DEPARTMENT AND THAT SHALL IDENTIFY ITS
OWN ORGANIZATION RULES.
(8) (a) AS USED IN THIS SUBSECTION
(8), UNLESS THE CONTEXT OTHERWISE REQUIRES:
(I) "ANNUAL MAXIMUM MITIGATION AMOUNT"
MEANS THAT PORTION OF THE TOTAL AMOUNT OF COUNTY FUNDS IDENTIFIED
IN THE ANNUAL LONG APPROPRIATION ACT THAT MAY BE USED FOR MITIGATION
FOR SMALL COUNTIES IN THAT STATE FISCAL YEAR.
(II) "MITIGATION" MEANS
A SPECIFIC REDUCTION IN A COUNTY'S TARGETED SPENDING LEVEL ESTABLISHED
PURSUANT TO SUBSECTION (6) OF THIS SECTION THAT IS AUTHORIZED
PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (8).
(III) "SMALL COUNTY" MEANS
ANY ONE OF THE FOLLOWING COUNTIES: ARCHULETA, BACA, BENT, CHEYENNE,
CLEAR CREEK, COSTILLA, CROWLEY, CUSTER, DOLORES, EAGLE, ELBERT,
GILPIN, GRAND, GUNNISON, HINSDALE, JACKSON, KIOWA, KIT CARSON,
LAKE, LINCOLN, MINERAL, OURAY, PARK, PHILLIPS, PITKIN, RIO BLANCO,
ROUTT, SAN JUAN, SAN MIGUEL, SEDGWICK, SUMMIT, WASHINGTON, AND
YUMA.
(b) SUBJECT TO THE IDENTIFICATION OF AN
ANNUAL MAXIMUM MITIGATION AMOUNT IN THE ANNUAL LONG APPROPRIATION
ACT AND THE CRITERIA IDENTIFIED IN PARAGRAPH (c) OF THIS SUBSECTION
(8), THE WORKS ALLOCATION COMMITTEE CREATED PURSUANT TO SUBPARAGRAPH
(IV) OF PARAGRAPH (c) OF SUBSECTION (6) OF THIS SECTION IS AUTHORIZED
TO IDENTIFY THE AMOUNT OR AMOUNTS OF ANY MITIGATION THAT SHALL
BE ALLOCATED TO A SMALL COUNTY IN A SPECIFIC STATE FISCAL YEAR.
THE WORKS ALLOCATION COMMITTEE SHALL NOTIFY THE STATE DEPARTMENT
OF ANY AGREEMENT CONCERNING THE ALLOCATION OF ANY ANNUAL MAXIMUM
MITIGATION AMOUNT IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBSECTION
(8).
(c) THE CRITERIA THAT THE WORKS ALLOCATION
COMMITTEE SHALL USE INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:".
Education After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee on Appropriations: SB 98-183
Education After consideration on the merits, the committee recommends that HB 98-1234 be
amended as follows and, as so amended, be referred
to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 6, after line 5, insert
the following:
"SECTION 8. 2254103
(7), Colorado Revised Statutes, is amended to read:
2254103. Definitions. As
used in this article, unless the context otherwise requires:
(7) "Funded pupil count" means
the greater of:
(a) The district's pupil enrollment for
the applicable budget year; or
(b) THE AVERAGE OF THE DISTRICT'S PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE DISTRICT'S PUPIL
ENROLLMENT FOR THE IMMEDIATELY PRECEDING BUDGET YEAR; OR
HB 98-1234
(Cont.)
(b) (c) The
average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the two immediately
preceding budget years; OR
(d) THE AVERAGE OF THE DISTRICT'S PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE DISTRICT'S PUPIL
ENROLLMENT FOR THE THREE IMMEDIATELY PRECEDING BUDGET YEARS.
SECTION 9. 2254104
(2) (a) (IV) (D), Colorado Revised Statutes, is amended to read:
2254104. District total
program. (2) (a) (IV) (D) For
purposes of this subparagraph (IV), a district's "per pupil
funding" shall be the district's total program for the applicable
budget year, as calculated pursuant to subsubparagraph (A)
of subparagraph (III) of this paragraph (a), divided by the district's
funded pupil count for such budget year; EXCEPT THAT, FOR THE
199899 BUDGET YEAR, A DISTRICT'S "PER PUPIL FUNDING"
SHALL BE CALCULATED UNDER THIS PROVISION WITHOUT REGARD TO THE
CHANGE IN THE SIZE FACTORS MADE IN SUBPARAGRAPH (I.5) OF PARAGRAPH
(b) OF SUBSECTION (5) OF THIS SECTION AND, FOR THE 19992000
BUDGET YEAR AND BUDGET YEARS THEREAFTER, SHALL BE CALCULATED USING
THE COST OF LIVING FACTOR AND SIZE FACTOR USED IN THE CALCULATION
FOR THE 199899 BUDGET YEAR UNDER THIS SUBSUBPARAGRAPH
(D) AND THE ATRISK FACTOR CALCULATED UNDER THIS SECTION
AS IT EXISTED FOR THE 199798 BUDGET YEAR OR USING THE COST
OF LIVING, SIZE FACTOR, AND ATRISK FACTOR APPLICABLE FOR
THE BUDGET YEAR, WHICHEVER PRODUCES THE LESSER "PER PUPIL
FUNDING" AMOUNT .
SECTION 10. 2254104
(5) (b) (I), Colorado Revised Statutes, is amended, and the said
2254104 (5) (b) is further amended BY THE ADDITION
OF A NEW SUBPARAGRAPH, to read:
2254104. District total
program. (5) (b) (I) A
district's size factor for the 199495, budget
year and budget years thereafter
199596, 199697, AND 199798 BUDGET YEARS shall
be determined in accordance with the following formula:
If the district's funded The district's
pupil count is: size
factor shall be:
Less than 276 1.5502 + (0.00376159 x
the difference between
the funded pupil count
and 276)
276 or more but less than 459 1.2430 + (0.00167869 x
the difference between
the funded pupil count
and 459)
459 or more but less than 1,027 1.1260 + (0.00020599 x
the difference between
the funded pupil count
and 1,027)
1,027 or more but less than 2,293 1.0578 + (0.00005387 x
the difference between
the funded pupil count
and 2,293)
2,293 or more but less than 5,814 1.0000 + (0.00001642 x
the difference between
the funded pupil count
and 5,814)
5,814 or more but less than 21,940 1.0000
21,940 or more but less than 32,193 1.0000 + (0.00000334 x
the difference between
the funded pupil count
and 21,940)
HB 98-1234
(Cont.)
32,193 or more 1.0342
(I.5) A DISTRICT'S SIZE FACTOR FOR THE
199899 BUDGET YEAR AND BUDGET YEARS THEREAFTER SHALL BE
DETERMINED IN ACCORDANCE WITH THE FOLLOWING FORMULA:
IF THE DISTRICT'S FUNDED THE DISTRICT'S
PUPIL COUNT IS: SIZE
FACTOR SHALL BE:
LESS THAN 276 1.5502 + (0.00376159 X
THE DIFFERENCE BETWEEN THE FUNDED PUPIL COUNT AND
276)
276 OR MORE BUT LESS THAN 459 1.2430 + (0.00167869 X
THE DIFFERENCE BETWEEN THE FUNDED PUPIL COUNT AND
459)
459 OR MORE BUT LESS THAN 1,027 1.1260 + (0.00020599 X
THE DIFFERENCE
BETWEEN THE FUNDED PUPIL COUNT AND 1,027)
1,027 OR MORE BUT LESS THAN 2,293 1.0578 + (0.00005387 X THE DIFFERENCE
BETWEEN THE FUNDED PUPIL COUNT AND 2,293)
2,293 OR MORE BUT LESS THAN 5,650 1.0136 + (0.00001317 X
THE DIFFERENCE
BETWEEN THE FUNDED PUPIL COUNT AND 5,650)
5,650 OR MORE BUT LESS THAN 26,025 1.0136
26,025 OR MORE BUT LESS THAN 32,193 1.0136 + (0.00000334 X
THE DIFFERENCE
BETWEEN THE FUNDED PUPIL COUNT AND 26,025)
32,193 OR MORE 1.0342
SECTION 11. 2254104
(5) (b), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
2254104. District total
program. (5) For purposes of
the formulas used in this section:
(b) (IV) FOR THE 199899 BUDGET
YEAR AND BUDGET YEARS THEREAFTER, THE FUNDED PUPIL COUNT USED
TO CALCULATE A DISTRICT'S SIZE FACTOR PURSUANT TO THIS PARAGRAPH
(b) SHALL BE THE FUNDED PUPIL COUNT, AS CALCULATED PURSUANT TO
SECTION 2254103 (7), REDUCED BY THE NUMBER OF PUPILS
INCLUDED IN THE FUNDED PUPIL COUNT THAT ARE ENROLLED IN CHARTER
SCHOOLS IN THE DISTRICT; EXCEPT THAT THE PROVISIONS OF THIS SUBPARAGRAPH
(IV) SHALL ONLY APPLY TO THOSE DISTRICTS WITH A FUNDED PUPIL COUNT,
AS CALCULATED PURSUANT TO SECTION 2254103 (7), OF
FIVE HUNDRED OR LESS.
SECTION 12. 2254105
(1) (c), Colorado Revised Statutes, is amended to read:
HB 98-1234
(Cont.)
2254105. Instructional
supplies and materials capital reserve and insurance reserve.
(1) (c) For purposes of this subsection (1), instructional
supplies and materials include, but are not limited to, supplies,
textbooks, library books, periodicals, and other supplies and
materials. Instructional capital outlay includes those expenditures
which result in the acquisition of fixed assets for instructional
purposes, or additions thereto, which the board of education anticipates
will have benefits for more than one year. Other instructional
purposes include expenses incurred in providing transportation
for pupils to and from schoolsponsored instructional activities
which occur outside the classroom AND costs incurred for repair
or maintenance services for equipment which is directly used for
instructional purposes. and costs
incurred in providing staff development directly related to instruction.
Moneys expended for staff development costs shall not exceed ten
percent of the amount budgeted pursuant to this subsection (1).
Costs incurred in providing staff development shall include moneys
expended pursuant to contractual arrangements with educators and
other staff development providers but shall not include moneys
for outofstate travel or moneys for indistrict
teacher salary increases. Instructional
supplies and materials, instructional capital outlay, and other
instructional purposes are limited to those functions accounts
and objects accounts as prescribed by the state board of education.
SECTION 13. Article
54 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
2254122. Small attendance
center aid. (1) FOR THE 199899
BUDGET YEAR AND BUDGET YEARS THEREAFTER, A DISTRICT SHALL BE ELIGIBLE
FOR AID PURSUANT TO THIS SECTION IF:
(a) THE DISTRICT HAS MORE THAN ONE ELEMENTARY
OR SECONDARY SCHOOL ATTENDANCE CENTER; AND
(b) THE DISTRICT OPERATES ONE OR MORE
ELEMENTARY OR SECONDARY ATTENDANCE CENTERS WITH A PUPIL ENROLLMENT
OF LESS THAN TWO HUNDRED AND THAT IS LOCATED TWENTY OR MORE MILES
FROM ANY SIMILAR SCHOOL ATTENDANCE CENTER IN THE SAME DISTRICT.
(2) A DISTRICT MEETING THE ELIGIBILITY
REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION SHALL BE ELIGIBLE
TO RECEIVE AID FOR EACH SMALL ATTENDANCE CENTER AS CALCULATED
BY: MULTIPLYING THE PUPIL ENROLLMENT OF THE SMALL ATTENDANCE CENTER
BY AN AMOUNT EQUAL TO SIXTY PERCENT OF THE DIFFERENCE BETWEEN
THE DISTRICT PER PUPIL FUNDING, AS CALCULATED PURSUANT TO SECTION
2254104, AND THE DISTRICT PER PUPIL FUNDING, AS CALCULATED
PURSUANT TO SECTION 2254104 EXCEPT USING THE SIZE
FACTOR CALCULATED USING THE FUNDED PUPIL COUNT OF THE SMALL ATTENDANCE
CENTER; AND THEN MULTIPLYING SUCH AMOUNT BY THE PERCENTAGE DETERMINED
BY DIVIDING THE DIFFERENCE BETWEEN TWO HUNDRED AND THE FUNDED
PUPIL COUNT OF THE SMALL ATTENDANCE CENTER BY TWO HUNDRED.
(3) THE GENERAL ASSEMBLY SHALL APPROPRIATE
ANNUALLY AN AMOUNT FOR SMALL ATTENDANCE CENTER AID TO BE DISTRIBUTED
PURSUANT TO THE FORMULA IN SUBSECTION (2) OF THIS SECTION. IN
THE EVENT THE AMOUNT OF MONEY APPROPRIATED BY THE GENERAL ASSEMBLY
IS LESS THAN THE AMOUNT OF AID AUTHORIZED BY THIS SECTION TO ALL
DISTRICTS, THE AMOUNT TO BE DISTRIBUTED TO EACH SCHOOL DISTRICT
SHALL BE IN THE SAME PROPORTION AS THE AMOUNT THAT THE APPROPRIATION
BEARS TO THE TOTAL AMOUNT OF AID FOR ALL DISTRICTS.
SECTION 14. 2254107
(2) and (3), Colorado Revised Statutes, are amended to read:
2254107. Buyout of
categorical programs. (2) When
a district receives property tax revenue from the additional levy
made pursuant to subsection (1) of this section or when a district
has elected to keep excess property tax revenue collected during
the 1992 calendar year pursuant to the provisions of section 2244103.5
(2) (b) (III) (C) or (2) (c) (III), such property tax revenue
shall be used to replace, on a pro rata basis, any categorical
program support funds which
THAT such district would otherwise be eligible to receive from
the state. The amount of categorical program support funds replaced
by property tax revenue pursuant to the provisions of this subsection
(2) shall be used to make payments of categorical program support
funds to eligible districts, and, in the event that the appropriations
for categorical programs are less than the total categorical program
support funds to which districts are entitled under applicable
provisions of law, such funds shall be applied to categorical
programs in the following order:
HB 98-1234
(Cont.)
(a) First, transportation aid pursuant
to article 51 of this title;
(b) Second, funds pursuant to the "English
Language Proficiency Act", article 24 of this title; and
(c) THIRD, SMALL ATTENDANCE CENTER AID
PURSUANT TO SECTION 2254122; AND
(c) (d) Third
FOURTH, funds pursuant to the "Exceptional Children's Educational
Act", article 20 of this title.
(3) For purposes of this section, "categorical
program support funds which
THAT the district would otherwise be eligible to receive from
the state" means amounts which
THAT the district would have received from the state but which
THAT will be received instead from property tax revenues by reason
of this section and includes funds pursuant to the "Exceptional
Children's Educational Act", article 20 of this title, funds
pursuant to the "English Language Proficiency Act",
article 24 of this title, transportation aid pursuant to article
51 of this title, SMALL ATTENDANCE CENTER AID PURSUANT TO SECTION
2254122, and vocational education aid pursuant to
article 8 of title 23, C.R.S. Funds received by an administrative
unit under the "Exceptional Children's Educational Act",
article 20 of this title, as reimbursement for services provided
to children counted in the pupil enrollment of a district shall
be considered as funds which
THAT a district would otherwise be eligible to receive for purposes
of this subsection (3).
SECTION 15. 2228104
(2) (b) (II) and (2) (c), Colorado Revised Statutes, are amended,
and the said 2228104 (2) is further amended BY THE
ADDITION OF A NEW PARAGRAPH, to read:
2228104. Establishment
of public preschool programs. (2) In
recognition of the fact that there are thousands of children in
Colorado not presently being served who would benefit from the
state preschool program, the number of children that may participate
in the state preschool program shall be increased:
(b) (II) For the 199596 budget
year through the 200001
199798 budget year, the department, in its discretion, may
establish a program under which a school district could apply
to the department for authorization to implement a fullday
kindergarten component of the district's preschool program. Of
the total number of children that may participate in the state
preschool program, no more than five hundred would be allowed
to participate in the full day kindergarten program. If a program
is established, the department shall establish criteria to use
in selecting school districts for participation in the program.
(c) To not more than 8,500 in the 199697
budget year and budget years thereafter
AND 199798 BUDGET YEARS;
(d) (I) TO NOT MORE THAN 8,850 IN
THE 199899 BUDGET YEAR AND BUDGET YEARS THEREAFTER.
(II) FOR THE 199899 BUDGET YEAR
THROUGH THE 200001 BUDGET YEAR, THE DEPARTMENT SHALL ALLOW
SCHOOL DISTRICTS TO APPLY TO THE DEPARTMENT FOR AUTHORIZATION
TO SERVE NO MORE THAN FIVE HUNDRED ELIGIBLE CHILDREN THROUGH A
FULLDAY KINDERGARTEN COMPONENT OF THE DISTRICT'S PRESCHOOL
PROGRAM. THE DEPARTMENT, USING ESTABLISHED CRITERIA, SHALL SELECT
SCHOOL DISTRICTS TO PARTICIPATE IN SUCH FULLDAY KINDERGARTEN
PROGRAMS UNTIL THE TOTAL NUMBER OF FULL-DAY KINDERGARTEN POSITIONS
APPLIED FOR HAS BEEN FILLED OR THE LIMITATION OF FIVEHUNDRED
CHILDREN HAS BEEN REACHED, WHICHEVER EVENT OCCURS FIRST.
SECTION 16. 2236105,
Colorado Revised Statutes, is amended as follows:
HB 98-1234
(Cont.)
2236105. Schools of choice
fund creation purpose repeal.
(1) There is hereby created
in the state treasury the schools of choice fund, which fund shall
be made up of moneys transferred thereto from the state public
school fund pursuant to section 2254114, if any, as
well as any moneys received by the department pursuant to subsection
(2) of this section. THE SCHOOLS
OF CHOICE FUND IS HEREBY ABOLISHED. ANY MONEYS REMAINING IN THE
FUND ON THE EFFECTIVE DATE OF THIS ACT SHALL BE TRANSFERRED TO
THE STATE PUBLIC SCHOOL FUND.
(2) Any bequests,
gifts, and grants received by the department to be used for the
purposes of section 2236104 shall be credited to the
schools of choice fund.
(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
and 2236106.
(4) THIS SECTION IS REPEALED, EFFECTIVE
JULY 1, 1998.
SECTION 17. 2254114
(3), Colorado Revised Statutes, is amended to read:
2254114. State public school
fund. (3) Fifty percent of
any unexpended balance of moneys appropriated by the general assembly
in the state public school fund at the end of each fiscal year
shall be transferred to the schools
of choice fund created in section 2236105 and the
remaining fifty percent shall be
transferred to the Colorado comprehensive health education fund
created in section 2225109. but
THE REMAINING FIFTY PERCENT AND any balances derived from other
sources shall remain in said state public school fund and become
available for distribution during the following fiscal year.
SECTION 18. 2245103
(1) (a) (VI), Colorado Revised Statutes, is amended to read:
2245103. Funds.
(1) The following funds are created for each school
district for purposes specified in this article:
(a) General fund. (VI) (A) For
the 199798 budget year and budget years thereafter, an amount
determined pursuant to subsubparagraph (B) of this subparagraph
(VI) shall be credited to the capital construction account. Moneys
in said account may be used for any of the purposes set forth
in subsubparagraphs (A), (B), (C), and (D) of subparagraph
(I) of paragraph (c) of this subsection (1) but shall not be expended
by the district for any other purpose. All interest earned on
the investment of moneys in the account shall be credited to the
account. Moneys remaining in the account at the end of any fiscal
year shall remain in the account and be available for expenditure
in the next fiscal year. ON THE EFFECTIVE
DATE OF THIS SUBPARAGRAPH (VI), AS AMENDED, THE CAPITAL CONSTRUCTION
ACCOUNT SHALL BE ABOLISHED, AND ANY MONEYS REMAINING IN THE ACCOUNT
SHALL BE TRANSFERRED TO THE GENERAL FUND OF THE SCHOOL DISTRICT.
(B) The amount
to be credited to the capital construction account in each budget
year shall be the difference between the district's total employer
contribution for the budget year as calculated pursuant to section
2451401 (1.7), C.R.S., using a contribution rate of
11.6% and as calculated pursuant to said section using a contribution
rate of 11.5%.
THIS SUBPARAGRAPH (VI) IS REPEALED, EFFECTIVE JULY
1, 1998.
SECTION 19. 2245103
(1) (c) (I) (E), Colorado Revised Statutes, is amended to read:
2245103. Funds.
(1) The following funds are created for each school
district for purposes specified in this article:
HB 98-1234
(Cont.)
(c) Capital reserve fund. (I) Moneys
allocated pursuant to the provisions of section 2254105
(2) shall be transferred from the general fund and recorded in
the capital reserve fund along with the revenues received pursuant
to section 395132, C.R.S. Such revenues may be supplemented
by gifts, donations, and tuition receipts. Unencumbered moneys
in the fund may be transferred to a fund or an account within
the general fund established in accordance with generally accepted
accounting principles solely for the management of riskrelated
activities as identified in section 2410115, C.R.S.,
and article 13 of title 29, C.R.S., by resolution of the board
of education when such transfer is deemed necessary by the board.
Expenditures from the fund shall be limited to longrange
capital outlay expenditures and shall be made only for the following
purposes:
(E) Acquisition of school buses or other
equipment, the estimated unit cost of which, including any necessary
installation, is in excess of seven
hundred fifty ONE THOUSAND dollars;
SECTION 20. Repeal. 2245112.5,
Colorado Revised Statutes, is repealed as follows:
2245112.5. Sale of certificates
of participation use of proceeds. Notwithstanding
the provisions of section 2245112, all or any portion
of the proceeds received by a school district from the issuance
and sale of certificates of participation may, in the discretion
of the board of education, be deposited into the district's pension
or retirement fund.
SECTION 21. 2472204
(3) (d), Colorado Revised Statutes, is amended to read:
2472204. Allowance or denial
of inspection grounds procedure appeal.
(3) (d) THE PROVISIONS OF THIS PARAGRAPH (d) SHALL
APPLY TO ALL PUBLIC SCHOOLS AND SCHOOL DISTRICTS THAT RECEIVE
FUNDS UNDER ARTICLE 54 OF TITLE 22, C.R.S. Notwithstanding the
provisions of subparagraph (VI) of paragraph (a) of this subsection
(3), under policies adopted by the local board of education, the
names, addresses, and home telephone numbers of students in any
secondary school shall be released to a recruiting officer for
any branch of the United States armed forces who requests such
information, subject to the following:
(I) Each local board of education shall
adopt one of the following policies
A POLICY to govern the release of the names, addresses, and home
telephone numbers of secondary school students to military recruiting
officers THAT PROVIDES THAT SUCH INFORMATION SHALL BE RELEASED
TO RECRUITING OFFICERS UNLESS A STUDENT SUBMITS A REQUEST, IN
WRITING, THAT SUCH INFORMATION NOT BE RELEASED.
(A) A policy that such information
shall be released to recruiting officers unless a student submits
a request, in writing, that such information not be released;
or
(B) A policy that such information
shall be released to recruiting officers, but only if a student
notifies the local board of education that such information may
be released. Under this policy, the local board shall inform secondary
students of their obligation to notify the board should they desire
that such information be released.
(II) In the
event that the local board of education fails to adopt either
of the policies in subparagraph (I) of this paragraph (d), the
policy set forth in subsubparagraph (A) of subparagraph
(I) of this paragraph (d) shall be applicable.
THE DIRECTORY INFORMATION REQUESTED BY A RECRUITING OFFICER SHALL
BE RELEASED BY THE LOCAL BOARD OF EDUCATION WITHIN NINETY DAYS
OF THE DATE OF THE REQUEST.
(III) The local board of education shall
comply with any applicable provisions of the federal "Family
Education Rights and Privacy Act of 1974" (FERPA), 20 U.S.C.
section 1232g, and the federal regulations cited thereunder relating
to the release of student information by educational institutions
that receive federal funds.
(IV) Actual DIRECT expenses incurred in
furnishing this information shall be paid for by the requesting
service AND SHALL BE REASONABLE AND CUSTOMARY.
(V) The recruiting officer shall use the
data released for the purpose of providing information to students
regarding military service and shall not use it for any other
purpose or release such data to any person or organization other
than individuals within the recruiting services of the armed forces.
HB 98-1234
(Cont.)
SECTION 22. 2232116.5,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
2232116.5. Extracurricular
and interscholastic activities specific provisions.
(9.7) (a) THE PROVISIONS OF THIS SUBSECTION (9.7)
SHALL APPLY TO ALL PUBLIC SCHOOLS AND SCHOOL DISTRICTS THAT RECEIVE
FUNDS UNDER ARTICLE 54 OF THIS TITLE.
(b) ANY ORGANIZATION OR ASSOCIATION THAT
PLACES PUBLIC SCHOOLS INTO CLASSIFICATIONS FOR ACTIVITIES BASED
UPON ENROLLMENT OR MEMBERSHIP SHALL PLACE A PUBLIC SCHOOL WITHIN
A CLASSIFICATION BASED UPON ITS PUPIL ENROLLMENT DETERMINED IN
ACCORDANCE WITH SECTION 2254103 (10). THE BOARD OF
EDUCATION OF THE SCHOOL DISTRICT MAY AUTHORIZE THE SUPERINTENDENT
TO LIMIT, FOR A PERIOD OF NOT LESS THAN TWO YEARS, THE ENROLLMENT
OF THE PUBLIC SCHOOL IN ACCORDANCE WITH SECTION 2236101.
SUCH A RESOLUTION MUST BE ADOPTED NO LATER THAN APRIL 1 OF THE
CURRENT YEAR AND NO LATER THAN THE OCTOBER PUPIL ENROLLMENT COUNT
FOR YEARS THEREAFTER. UPON RECEIPT OF A COPY OF SUCH RESOLUTION,
THE ORGANIZATION OR ASSOCIATION SHALL PLACE THE PUBLIC SCHOOL
INTO A CLASSIFICATION BASED UPON THE PUPIL ENROLLMENT COUNT OR
THE ENROLLMENT LIMIT ADOPTED BY THE SCHOOL DISTRICT, WHICHEVER
IS LESS.
SECTION 23. Appropriation
adjustment in 1997 long bill. (1) For the
implementation of this act, appropriations made in the annual
general appropriation act for the fiscal year beginning July 1,
1997, shall be adjusted as follows: The appropriation made to
the department of education, public school finance, total program,
is decreased by one million eight hundred ninetyone thousand
one hundred twenty dollars ($1,891,120). Said sum shall be from
the general fund.
(2) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the general
fund not otherwise appropriated, to the state public school fund
created in section 2254114, Colorado Revised Statutes,
for the fiscal year beginning July 1, 1997, the sum of one million
eight hundred ninetyone thousand one hundred twenty dollars
($1,891,120).
SECTION 24. Appropriation
for 199798 fiscal year. In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the general
fund not otherwise appropriated, to the state public school fund
created in section 2254114, Colorado Revised Statutes,
for the fiscal year beginning July 1, 1997, the sum of twelve
million seven hundred thousand dollars ($12,700,000).".
Renumber succeeding sections accordingly.
Page 7, after line 3, insert the following:
"(3) For the implementation of this
act, appropriations made in the annual general appropriation act
for the fiscal year beginning July 1, 1998, shall be adjusted
as follows: The appropriation made to the department of education,
public school finance, special education gifted and talented
children, is increased by one million dollars ($1,000,000). Said
sum shall be from the state public school fund created in section
2254114, Colorado Revised Statutes.
(4) For the implementation of this act,
appropriations made in the annual general appropriation act for
the fiscal year beginning July 1, 1998, shall be adjusted as follows:
The appropriation made to the department of education, public
school finance, special education children with disabilities,
is increased by two million six hundred thousand dollars ($2,600,000).
Said sum shall be from the state public school fund created in
section 2254114, Colorado Revised Statutes.
HB 98-1234
(Cont.)
(5) For the implementation of section
2254103 (7), Colorado Revised Statutes, as amended,
appropriations made in the annual general appropriation act for
the fiscal year beginning July 1, 1998, shall be adjusted as follows:
The appropriation made to the department of education, public
school finance, total program, is increased by eight hundred ninetyone
thousand eight hundred eightythree dollars ($891,883). Said
sum shall be from the state public school fund created in section
2254114, Colorado Revised Statutes.
(6) For the implementation of section
2254104 (2) and (5), Colorado Revised Statutes, as
amended, appropriations made in the annual general appropriation
act for the fiscal year beginning July 1, 1998, shall be adjusted
as follows: The appropriation made to the department of education,
public school finance, total program, is increased by seven million
nine hundred eighty thousand nine hundred twentyeight dollars
($7,980,928). Said sum shall be from the state public school fund
created in section 2254114, Colorado Revised Statutes.
(7) For the implementation of section
2254104 (5) (b) (IV), Colorado Revised Statutes, appropriations
made in the annual general appropriation act for the fiscal year
beginning July 1, 1998, shall be adjusted as follows: The appropriation
made to the department of education, public school finance, total
program, is increased by one hundred fiftyseven thousand
four hundred sixtytwo dollars ($157,462). Said sum shall
be from the state public school fund.
(8) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the state public
school fund created in section 2254114, Colorado Revised
Statutes, not otherwise appropriated, to the department of education,
for the fiscal year beginning July 1, 1998, the sum of one million
four hundred thousand dollars ($1,400,000), or so much thereof
as may be necessary, for the implementation of section 2254122,
Colorado Revised Statutes.
(9) For the implementation of section
2228104 (2) (d), Colorado Revised Statutes, appropriations
made in the annual general appropriation act for the fiscal year
beginning July 1, 1998, shall be adjusted as follows: The appropriation
made to the department of education, public school finance, total
program, is increased by eight hundred fifty thousand five hundred
dollars ($850,500). Said sum shall be from the state public school
fund.
SECTION 25. Appropriation. In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the state public school fund created in section
2254114, Colorado Revised Statutes, not otherwise
appropriated, to the department of military affairs, for the fiscal
year beginning July 1, 1998, the sum of seven hundred thousand
dollars ($700,000), or so much thereof as may be necessary, to
be used by the department of military affairs to carry out the
national guard challenge program in the state of Colorado and
to apply for federal funds that are available to the state of
Colorado to establish such a program. The general assembly anticipates
that, for the fiscal year beginning July 1, 1998, the department
of military affairs will receive the sum of two million one hundred
thousand dollars ($2,100,000) in federal funds for the implementation
of such a program. Although these funds are not appropriated by
this section, they are noted for the purpose of indicating the
assumption used relative to these funds.
SECTION 26. Effective
date. This act shall take effect upon passage;
except that section 18 of this act shall only take effect if House
Bill 981242, enacted at the Second Regular Session of the
Sixtyfirst General Assembly, becomes law.".
Renumber succeeding section accordingly.
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
SB 98-190 by Senators Matsunaka, Perlmutter, Wattenberg, Wells, and Wham; also Representatives Kreutz, Adkins, Grossman, Kaufman, and Nichol--Concerning the revision of statutes in the Colorado revised statutes, as amended, amending or repealing obsolete, inconsistent, and conflicting provisions of law and clarifying the language to reflect the legislative intent of the laws.
Judiciary
SB 98-191 by Senator Dennis; also Representatives Entz and Salaz--Concerning the acquisition of property by the division of wildlife in Las Animas county for public purposes, and making an appropriation therefor.
Agriculture, Natural Resources and Energy
Appropriations
SB 98-192 by Senator Wattenberg--Concerning amendments to the existing statutory distribution formula for gross receipts derived from pari-mutuel wagering on greyhound races.
Agriculture, Natural Resources and Energy
SB 98-193 by Senators Wells, Johnson, and Powers; also Representative Tucker--Concerning elections.
State, Veterans, and Military Affairs
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title:
SJR 98-17 by Senators Weddig, Blickensderfer, Coffman,
Feeley, Lacy, and Martinez; also Representatives Hagedorn, Allen,
McPherson, Tate, and S. Williams--Concerning congratulating the
Aurora Hinkley High School basketball team on their state championship
win.
Laid over one day under Senate Rule 30(b), and placed
on the calendar of Monday, March 30.
SJR 98-18 by Senators Tanner, Congrove, Hernandez,
Ament, Arnold, Bishop, Chlouber, Coffman, Lamborn, Feeley, Hopper,
Johnson, Linkhart, Matsunaka, Mutzebaugh, Pascoe, Perlmutter,
Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder, Thiebaut,
Weddig, Wells, and Wham; also Representatives George, Adkins,
Agler, Alexander, Allen, Chavez, Clarke, Dean, Epps, Gordon, Gotlieb,
Grossman, Hagedorn, June, Johnson, Keller, Kreutz, Lawrence, Leyba,
May, McElhany, McPherson, Miller, Morrison, Musgrave, Pankey,
Paschall, Pfiffner, Salaz, Saliman, Schauer, Sinclair, Smith,
Snyder, Swenson, Tate, Taylor, Tool, Tucker, Tupa, Udall, Veiga,
and S. Williams--Urging the Colorado General Assembly to set aside
an annual appreciation day for all Colorado peace officers.
Laid over one day under Senate Rule 30(b), and placed
on the calendar of Monday, March 30.
RECONSIDERATION OF ADOPTION OF THE REPORT OF THE
COMMITTEE OF THE WHOLE
Having voted on the prevailing side, Senator Tebedo
moved for the reconsideration of the adoption of the Report of
the Committee of the Whole.
A majority of all members elected to the Senate having
voted in the affirmative, the motion was adopted.
AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE
WHOLE
HB 98-1045 by Rep. Sinclair; Sen. Tebedo--Attempted
Killing In Dom Rel Cases
Senator Tebedo moved to amend the Report of the Committee
of the Whole to show that HB 98-1045 as amended, did pass.
Call of Call of Senate.
Senate
Call Raised.
HB 98-1045 The amendment was declared lost by the following roll call vote:
(Cont.)
YES 14 | NO 18 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | N | Feeley | N | Mutzebaugh | YE | Tanner | N |
Ament | YN | Hernandez | N | Pascoe | N | Tebedo | Y |
Arnold | Y | Hopper | N | Perlmutter | N | Thiebaut | N |
Bishop | EY | Johnson | N | Phillips | N | Wattenberg | N |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | E | Reeves | N | Wells | Y |
Coffman | Y | Linkhart | N | Rizzuto | N | Wham | N |
Congrove | Y | Martinez | N | Rupert | N | Mr. President |
Y |
Dennis | Y | Matsunaka | N | Schroeder | E |
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Bishop, 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 98-1375, declared passed on Second Reading.
HB 98-1312 as amended, 98-1041 as amended, 98-1140 as amended, 98-1372 as amended, 98-1005 as amended, declared passed on Second Reading.
HB 98-1045 as amended, declared lost on Second Reading.
HB 98-1249, laid on the table.
HB 98-1306, laid over until Monday, March 30, retaining
its place on the calendar.
______________________________
On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Friday, March 27, was laid over until Monday, March 30, retaining its place on the calendar.
______________________________
On motion of Senator Wells, the Senate adjourned until 10:00 a.m., Monday,
March 30, 1998.
Approved:
Tom Norton
President of the Senate
Attest:
Joan M. Albi
Secretary of the Senate