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.

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY

STATE OF COLORADO

First Regular Session

Thirty-eighth Legislative Day Friday, February 12, 1999

Prayer by Father Ed Judy, Samaritan House, Denver.

The Speaker called the House to order at 9:00 a.m.

The roll was called with the following result:

Present--63.

Absent and excused--Representatives Paschall, Vigil--2.

The Speaker declared a quorum present.

_______________

On motion of Representative Kester, the reading of the journal of February 11, 1999, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEE OF REFERENCE

TRANSPORTATION AND ENERGY

After consideration on the merits, the Committee recommends the following:

HB99-1212 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, strike lines 2 through 8 and substitute the following:

"SECTION 10  42­4­237 (5), Colorado Revised Statutes, is amended to read:

42­4­237.  Safety belt systems ­ mandatory use ­ exemptions ­ penalty. (5) (a)  ON OR AFTER JULY 1, 2002, no driver in a motor vehicle shall be cited for a violation of subsection (2) of this section unless such driver was stopped by a law enforcement officer for an alleged violation of articles 1 to 4 of this title other than a violation of this section.

(b)  ON OR BEFORE FEBRUARY 1, 2002, THE COMMISSIONER OF INSURANCE SHALL REPORT TO THE GENERAL ASSEMBLY REGARDING THE CHANGE IN AVERAGE MOTOR VEHICLE INSURANCE PREMIUM RATES IN COLORADO BETWEEN THE DATES OF JULY 1, 1999, AND JANUARY 1, 2002, AND SHALL INDICATE WHAT PORTION OF SUCH CHANGE IN RATES WAS CAUSED BY THE PRIMARY ENFORCEMENT OF SAFETY BELT REQUIREMENTS UNDER THIS SECTION. THE COMMISSIONER MAY MAKE INQUIRIES WITH INSURERS TO ASSIST IN MAKING SUCH DETERMINATION. IF THE REPORT OF THE COMMISSIONER OF INSURANCE INDICATES THAT AVERAGE MOTOR VEHICLE INSURANCE PREMIUM RATES IN COLORADO HAVE DECREASED FIVE PERCENT OR MORE DURING SUCH TIME PERIOD BECAUSE OF THE PRIMARY ENFORCEMENT OF SAFETY BELT REQUIREMENTS UNDER THIS SECTION, THEN THIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2002.".


HB99-1220 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

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

"SECTION 10  Part 1 of article 2 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

42­2­122.5.  Authority to cancel, deny, or suspend license ­ outstanding traffic warrants ­ repeal. (1) (a)  ON OR AFTER JANUARY 1, 2000, THE DEPARTMENT MAY CANCEL OR DENY THE LICENSE OF ANY DRIVER WHO HAS AN OUTSTANDING JUDGMENT OR WARRANT ISSUED AGAINST THE PERSON BY A COUNTY OR MUNICIPAL COURT.

(b)  AS USED IN THIS SECTION, "JUDGMENT OR WARRANT" SHALL INCLUDE ANY JUDGMENT OR WARRANT REFERRED TO IN SECTION 42­4­1709 (7); EXCEPT THAT "JUDGMENT OR WARRANT" SHALL NOT INCLUDE ANY JUDGMENT OR WARRANT REPORTED TO THE DEPARTMENT IN VIOLATION OF THE PROVISIONS OF SECTION 42­4­110.5 (2) (c).

(2) (a)  UPON RECEIPT OF A COPY OF A JUDGMENT OR WARRANT FROM THE CLERK OF THE COURT RECEIVED ON OR AFTER JANUARY 1, 2000, THE DEPARTMENT SHALL SEND WRITTEN NOTICE TO THE PERSON IDENTIFIED IN THE COURT ORDER THAT SUCH PERSON SHALL BE REQUIRED TO PROVIDE THE DEPARTMENT WITH PROOF THAT THE JUDGMENT OR WARRANT IS NO LONGER OUTSTANDING WITHIN THIRTY DAYS AFTER THE DATE SUCH NOTICE IS SENT OR SUCH PERSON'S DRIVER'S LICENSE WILL BE CANCELED AND ANY APPLICATION FOR A NEW LICENSE SHALL BE DENIED. NOTIFICATION SHALL BE GIVEN TO THE PERSON IDENTIFIED IN THE JUDGMENT OR WARRANT AS PROVIDED IN SECTION 42­2­119 (2). PROOF THAT THE JUDGMENT OR WARRANT IS NO LONGER OUTSTANDING SHALL BE IN THE FORM OF A CERTIFICATE ISSUED BY THE CLERK OF THE COURT ENTERING THE JUDGMENT OR ISSUING THE WARRANT IN A FORM APPROVED BY THE EXECUTIVE DIRECTOR.

(3) (a)  IF PROOF IS NOT RECEIVED BY THE DEPARTMENT WITHIN THIRTY DAYS AFTER THE DATE WRITTEN NOTICE IS SENT PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE DEPARTMENT SHALL CANCEL THE DRIVER'S LICENSE OR DENY ANY APPLICATION FOR A LICENSE OF THE PERSON FOR WHOM THE JUDGMENT WAS ENTERED OR THE WARRANT WAS ISSUED AND SHALL NOT ISSUE OR REACTIVATE SUCH LICENSE UNTIL PROOF IN THE FORM REQUIRED BY SUBSECTION (2) OF THIS SECTION IS PROVIDED.

(b)  THE DRIVER SHALL NOT HAVE A RIGHT TO A HEARING BEFORE THE DEPARTMENT PRIOR TO A LICENSE CANCELLATION OR DENIAL PURSUANT TO THIS SUBSECTION (3). ANY HEARING ON THE EXISTENCE OF A JUDGMENT OR WARRANT MUST BE BEFORE THE COURT ENTERING THE JUDGMENT OR ISSUING THE WARRANT.

(4) (a)  IF THE DEPARTMENT DETERMINES THAT A PERSON HAS SUBMITTED FALSE OR ALTERED DOCUMENTS AS THE PROOF REQUIRED BY SUBSECTION (2) OR (3) OF THIS SECTION, THE DEPARTMENT SHALL IMMEDIATELY SUSPEND THE LICENSE OF THE PERSON UNTIL THE PERSON SUBMITS PROOF IN THE FORM REQUIRED BY SUBSECTION (2) THAT THE JUDGMENT OR WARRANT IS NO LONGER OUTSTANDING OR FOR A PERIOD OF SIX MONTHS, WHICHEVER IS LONGER.

(b)  UPON SUSPENDING THE LICENSE OF ANY PERSON AS REQUIRED BY THIS SUBSECTION (4), THE DEPARTMENT SHALL IMMEDIATELY NOTIFY THE LICENSEE AS PROVIDED IN SECTION 42­2­119 (2).

(c)  UPON RECEIPT OF THE NOTICE OF SUSPENSION, THE LICENSEE OR THE LICENSEE'S ATTORNEY MAY REQUEST A HEARING IN WRITING. THE DEPARTMENT, UPON NOTICE TO THE LICENSEE AS PROVIDED IN SECTION 42­2­119 (2), SHALL HOLD A HEARING AT THE DISTRICT OFFICE OF THE DEPARTMENT CLOSEST TO THE RESIDENCE OF THE LICENSEE NOT LESS THAN THIRTY DAYS AFTER RECEIVING SUCH REQUEST THROUGH A HEARING COMMISSIONER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT, WHICH HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 24­4­105, C.R.S. AFTER SUCH HEARING, THE LICENSEE MAY APPEAL THE DECISION OF THE DEPARTMENT TO THE DISTRICT COURT AS PROVIDED IN SECTION 42­2­135.

(5) (a)  THE GENERAL ASSEMBLY FINDS THAT THE DEPARTMENT CURRENTLY HAS RECORD OF A LARGE NUMBER OF OUTSTANDING TRAFFIC WARRANTS AND THAT IT DOES NOT KNOW WHETHER SUCH WARRANTS ARE STILL OUTSTANDING.

(b)  BETWEEN JULY 1, 1999 AND JANUARY 1, 2000, THE DEPARTMENT WITH THE ASSISTANCE OF COUNTY AND MUNICIPAL COURTS IS DIRECTED TO DETERMINE THE STATUS OF AS MANY OF THE WARRANTS AS POSSIBLE FOR WHICH IT HAS A RECORD.

(c)  THIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2000.

SECTION 20  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.".

HB99-1256 be referred to the Committee of the Whole with favorable recommendation.

HB99-1272 be postponed indefinitely.

_______________

THIRD READING OF BILLS--FINAL PASSAGE

The following bills were considered on Third Reading. The titles were publicly read. Reading of the bill at length was dispensed with by unanimous consent.

HB99-1173 by Representative Veiga; also Senator Perlmutter--Concerning educational requirements for certain youthful offenders.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall E

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil E

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Clarke, Hagedorn, Leyba, Mace, Miller, Plant, Saliman, Tupa.

HB99-1188 by Representative Coleman; also Senator Linkhart--Concerning procedures related to adoption.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 46 NO 17 EXCUSED 2 ABSENT 0

Alexander Y

Allen N

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke N

Coleman YDean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King N

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace Y

May Y

McElhany N

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez N

Paschall E

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Sinclair N

Smith Y

Spence N

Spradley N

Stengel Y

Sullivant N

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil E

Webster Y

Williams, S. Y

Williams, T. N

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Gagliardi, Kaufman, Keller, Lawrence, Mace, Miller, Ragsdale, S.Williams, Windels.

HB99-1160 by Representative Fairbank; also Senator Dyer--Concerning the canvass of elections.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 48 NO 15 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon N

Gotlieb Y

Grossman N

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace N

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall E

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa Y

Veiga Y

Vigil E

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Dean, Lee, McKay.

HB99-1180 by Representative Chavez; also Senator Blickensderfer--Concerning prohibition of open alcoholic containers in motor vehicles.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 39 NO 24 EXCUSED 2 ABSENT 0
Alexander N

Allen N

Bacon YBerry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank N

Gagliardi N

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley N

Hoppe Y

Johnson N

Kaufman Y

Keller Y

Kester N

King Y

Larson Y

Lawrence N

Lee N

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller N

Mitchell Y

Morrison Y

Nuñez N

Paschall E

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair N

Smith N

Spence N

Spradley N

Stengel Y

Sullivant N

Swenson N

Takis N

Tapia Y

Tate Y

Taylor N

Tochtrop N

Tool Y

Tupa Y

Veiga Y

Vigil E

Webster N

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Coleman, Gordon, Hagedorn, Larson, Mace, McElhany, S.Williams.

HB99-1191 by Representatives Smith, Chavez, Grossman--Concerning the inspection of public records.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall E

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil E

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Hagedorn, Saliman, Tupa.

HB99-1097 by Representative Dean; also Senator Blickensderfer--Concerning election contests for members of the general assembly when the outcome of an election in a legislative district is uncertain, and, in connection therewith, creating a special legislative election procedure.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a

majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 39 NO 24 EXCUSED 2 ABSENT 0
Alexander Y

Allen Y

Bacon N

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb Y

Grossman N

Hagedorn N

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller N

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace N

May Y

McElhany Y

McKay Y

McPherson Y

Miller N

Mitchell Y

Morrison Y

Nuñez Y

Paschall E

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y

Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil E

Webster Y

Williams, S. N

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Decker, Kester, Stengel, Young, Mr. Speaker.

HB99-1100 by Representative Tapia; also Senator Dennis--Concerning the eligibility criteria for resident bidders given bid preference on construction contracts for public projects.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall E

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil E

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Chavez, Coleman, Gagliardi, Mace, Nuñez, Spradley, Zimmerman.

HB99-1130 by Representative Veiga; also Senator Matsunaka--Concerning the annual gross income level required to qualify for a basic personal injury protection auto insurance policy.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall E

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil E

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Coleman, Hagedorn, Hoppe, Larson, Leyba, Mace, Ragsdale, Spradley, Swenson, Takis, Tapia, Taylor, Tupa.

HB99-1096 by Representative Bacon; also Senator Reeves--Concerning the employment of probationary teachers.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon YGotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall E

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil E

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Coleman, Kaufman, Lee, Mace.

HB99-1210 by Representative Gotlieb; also Senator Tebedo--Concerning provision of services to gifted students who are at risk of dropping out of school.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall E

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil E

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Berry, Chavez, Coleman, Gagliardi, Hagedorn, Hefley, Mace, Stengel, Swenson, Tapia, S.Williams.

HB99-1162 by Representative Lawrence; also Senator Arnold--Concerning procedural changes for the strengthening of the criminal laws.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp YClarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall E

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil E

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Hagedorn, Kaufman, Swenson, Tool, Witwer.

HB99-1117 by Representatives McKay, Sullivant, Witwer; also Senator Hillman--Concerning the "Pest Control Act".

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 60 NO 3 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon Y

Gotlieb Y

Grossman N

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall E

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley N

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil E

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Coleman, Decker, Fairbank, Hoppe, King, Lee, Pfiffner, Windels.

HB99-1228 by Representatives Johnson, Bacon, Kaufman, Tool; also Senator Reeves--Concerning limits on access to an animal's veterinary records, and, in connection therewith, exempting certain records in the custody of a state institution from inspection under the open records law.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 50 NO 13 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb Y

Grossman N

Hagedorn N


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall E

Pfiffner Y

Plant N

Ragsdale Y

Saliman N

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis N

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa N

Veiga N

Vigil E

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Larson, Mace, McKay, Miller, Taylor.

HB99-1229 by Representatives Johnson, Alexander, Hoppe, Larson, Miller, Paschall, Pfiffner, Smith, Young; also Senator Wattenberg--Concerning legislative action required before an endangered species under the federal "Endangered Species Act of 1973" may be relocated to Colorado.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 41 NO 22 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker N

Fairbank Y

Gagliardi N

Gordon N

Gotlieb Y

Grossman N

Hagedorn N


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller N

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall E

Pfiffner Y

Plant N

Ragsdale Y

Saliman N

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil E

Webster Y

Williams, S. N

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Decker, Lee, McElhany, McKay, Swenson, Taylor. _______________

On motion of Representative Dean, HB99-1305, 1181, 1111, 1039 shall be made Special Orders on Friday, February 12, 1999, at 10:45 a.m.

_______________

The hour of 10:45 a.m., having arrived, on motion of Representative Young, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman. _______________

SPECIAL ORDERS--SECOND READING OF BILLS

The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been dispensed with by unanimous consent), the bills considered and action taken thereon as follows:

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

HB99-1305 by Representatives McPherson, Sullivant, Hefley, Pfiffner, Spradley, Alexander, Allen, Berry, Decker, Fairbank, Gagliardi, George, Hagedorn, Johnson, Kaufman, Kester, King, Larson, Lawrence, Lee, McElhany, McKay, Miller, Mitchell, Morrison, Paschall, Sinclair, Smith, Spence, Stengel, Swenson, Taylor, Tochtrop, Vigil, Webster, Williams T., Witwer, Young; also Senators Dennis, Arnold, Epps, Evans, Hillman--Concerning weapons regulation, and, in connection therewith, standardizing firearms regulation as a matter of statewide concern.

Amendment No. 1, by Representative Dean.

Amend printed bill, page 1, line 5, after "(1)", insert "(a)".

Page 2, strike lines 1 through 9 and substitute the following:

"THAT:

(I)  THERE EXISTS A WIDESPREAD INCONSISTENCY AMONG JURISDICTIONS WITHIN THE STATE WITH REGARD TO FIREARMS REGULATIONS;

(II)  THIS INCONSISTENCY CREATES A CONFUSING AND UNENFORCEABLE PATCHWORK OF LAWS THAT UNFAIRLY SUBJECTS A CITIZEN WHO LAWFULLY POSSESSES A FIREARM IN ONE JURISDICTION TO CRIMINAL PENALTIES BECAUSE HE OR SHE TRAVELS INTO ANOTHER JURISDICTION;

(III)  THIS INCONSISTENCY PLACES CITIZENS IN THE POSITION OF NOT KNOWING WHEN THEY MAY BE VIOLATING THE LOCAL LAWS AND THEREFORE BEING UNABLE TO AVOID COMMITTING CRIME.

(b)  BASED ON THE FINDINGS SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (1), THE GENERAL ASSEMBLY CONCLUDES THAT:

(I)  THE REGULATION OF FIREARMS IS A MATTER OF STATEWIDE CONCERN;

(II)  IT IS NECESSARY TO PROVIDE STATEWIDE LAWS CONCERNING THE OWNERSHIP, POSSESSION, CARRYING, USE, OR TRANSFERRING OF A FIREARM TO ENSURE THAT LAW­ABIDING PERSONS ARE NOT UNFAIRLY PLACED IN THE POSITION OF UNKNOWINGLY COMMITTING CRIMES INVOLVING FIREARMS.".

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

HB99-1181 by Representative Plant--Concerning emissions control requirements for government-owned motor vehicles.

Amendment No. 1, Transportation & Energy Report, dated February 3, 1999, and placed in member's bill file; Report also printed in House Journal, February 5, pages 360-361.

Amendment No. 2, by Representative Plant.

Amend the Transportation and Energy Committee Report, dated February 3, 1999, page 1, line 8, strike "THE STATE OF COLORADO OR";

line 9, strike "THEREOF THAT" and substitute "WHICH".

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

HB99-1111 by Representatives Alexander, Johnson, Miller, Smith, Spradley, and Taylor; also Senator Chlouber--Concerning the captive wildlife and alternative livestock board, and, in connection therewith, extending the termination date of the board and modifying the cervidae disease revolving fund administered pursuant to recommendations of the board.

Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated January 21, 1999, and placed in member's bill file; Report also printed in House Journal, January 22, page 176.

Amendment No. 2, Finance Report, dated February 4, 1999, and placed in member's bill file; Report also printed in House Journal, February 5, pages 337-338.

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

HB99-1039 by Representative Clapp; also Senator Hillman--Concerning background checks for prospective school employees.

Amendment No. 1, State, Veterans, & Military Affairs Report, dated February 4, 1999, and placed in member's bill file; Report also printed in House Journal, February 5, pages 344-346.

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

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative Tupa moved to amend the Report of the Committee of the Whole to show that the following Tupa amendment, to HB99­1305, did pass, and that HB99­1305, as amended, did pass.

Amend the Amendment No. 1, by Representative Dean, printed in House Journal, page 439, line 2, strike "USE,".

The amendment was declared lost by the following roll call vote:

YES 22 NO 39 EXCUSED 4 ABSENT 0

Alexander E

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi N

Gordon Y

Gotlieb N

Grossman Y

Hagedorn Y


Hefley N

Hoppe N

Johnson N

Kaufman N

Keller Y

Kester N

King N

Larson N

Lawrence N

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay E

McPherson N


Miller N

Mitchell N

Morrison N

Nuñez N

Paschall E

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Sinclair N

Smith N

Spence N

Spradley N

Stengel N

Sullivant N

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop N

Tool N

Tupa Y

Veiga Y

Vigil E

Webster N

Williams, S. Y

Williams, T. N

Windels Y

Witwer N

Young N

Zimmerman Y

Mr. Speaker N




Representative Gordon moved to amend the Report of the Committee of the Whole to show that HB99­1305, as amended, did not pass.

The amendment was declared lost by the following roll call vote:

YES 23 NO 39 EXCUSED 3 ABSENT 0

Alexander E

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi N

Gordon Y

Gotlieb YGrossman Y

Hagedorn N


Hefley N

Hoppe N

Johnson N

Kaufman N

Keller Y

Kester Y

King N

Larson N

Lawrence N

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson N


Miller N

Mitchell N

Morrison N

Nuñez N

Paschall E

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Sinclair N

Smith N

Spence N

Spradley N

Stengel N

Sullivant N

Swenson N


Takis Y

Tapia N

Tate Y

Taylor N

Tochtrop N

Tool Y

Tupa Y

Veiga Y

Vigil E

Webster Y

Williams, S. Y

Williams, T. N

Windels Y

Witwer N

Young N

Zimmerman Y

Mr. Speaker N

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1305 amended, 1181 amended, 1111 amended, 1309 amended.

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was adopted.

YES 60 NO 2 EXCUSED 3 ABSENT 0
Alexander E

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon N

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall E

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil E

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

________________

On motion of Representative Young, the House resolved itself into Committee of the Whole for consideration of General Orders, and he was called to the Chair to act as Chairman.

________________

GENERAL ORDERS--SECOND READING OF BILLS

The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been dispensed with by unanimous consent), the bills considered and action taken thereon as follows:

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

On motion of Representative Dean, HB99-1233, 1199, 1163, 1206, 1204 were laid over until February 15, retaining place on Calendar.

HB99-1158 by Representatives Morrison, May, McElhany, Swenson, S. Williams; also Senators Reeves, Evans, Teck--Concerning the operation of motor vehicles by persons under eighteen years of age, and, in connection therewith, establishing certain driving restrictions for persons with minor driver's licenses.

Amendment No. 1, Transportation & Energy Report, dated February 3, 1999, and placed in member's bill file; Report also printed in House Journal, February 5, page 360.

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

HB99-1122 by Representative Webster; also Senator Chlouber--Concerning the imposition of limitations on the authority of governing bodies of municipalities to regulate agricultural businesses.

Amendment No. 1, Local Government Report, dated February 1, 1999, and placed in member's bill file; Report also printed in House Journal, February 3, page 315.

Amendment No. 2, by Representative Webster.

Amend printed bill page 2, after line 13, insert the following:

"SECTION 2.  Part 1 of article 28 of title 30, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

30­28­138.  Referral to municipality.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE BOARD OF COUNTY COMMISSIONERS SHALL REFER ANY PROPOSED LAND USE DECISION THAT INVOLVES A BUSINESS OR AGRICULTURAL ACTIVITY IDENTIFIED IN SECTION 31­15­501 (1) (a) AND (1) (c), C.R.S., TO THE GOVERNING BODY OF A MUNICIPALITY FOR REVIEW AND COMMENT IF SUCH BUSINESS OR AGRICULTURAL ACTIVITY LIES WHOLLY OR PARTIALLY WITHIN ONE MILE OF THE CORPORATE LIMITS OF THE MUNICIPALITY.

Renumber succeeding sections accordingly.".

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

HB99-1192 by Representatives Stengel, Fairbank, Kester, Lee, McElhany, Mitchell, Spence; also Senator Anderson--Concerning regulatory impairment of property rights.

Amendment No. 1, by Representative Stengel.

Amend printed bill, page 8, line 4, strike "GOVERNMENT." and substitute "GOVERNMENT, INCLUDING, WITHOUT LIMITATION, AUTHORITY GRANTED OR CONDITIONS IMPOSED UNDER ARTICLE 65.1 OF TITLE 24, C.R.S.".

Amendment No. 2, by Representative Smith.

Amend printed bill, page 8, line 4, strike "GOVERNMENT." and substitute "GOVERNMENT, INCLUDING, WITHOUT LIMITATION, AUTHORITY GRANTED OR CONDITIONS IMPOSED UNDER ARTICLE 65.1 OF TITLE 24, C.R.S.".

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

On motion of Representative Dean, the remainder of the General Orders Calendar (HB99-1244, 1285, 1274, 1288, 1251, 1275, 1213, 1215, 1217, 1269, 1218, 1247, 1265, 1268, 1284, 1216, SB99-002) was laid over until February 15, retaining place on Calendar.

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative Gordon moved to amend the Report of the Committee of the Whole to show that the following Plant amendment, to HB99­1192, did pass, and that HB99­1192, as amended, did pass.

Amend printed bill, page 8, strike lines 5 through 10 and substitute the following:

"SECTION 2. Effective date ­ applicability. (1)  This act shall take effect July 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, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

(2)  This act shall apply to actions of local governments taken on or after the applicable effective date of this act.".

The amendment was declared lost by the following roll call vote:

YES 31 NO 28 EXCUSED 6 ABSENT 0

Alexander E

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon YGotlieb N

Grossman Y

Hagedorn Y


Hefley N

Hoppe N

Johnson N

Kaufman N

Keller Y

Kester N

King N

Larson E

Lawrence E

Lee N

Leyba Y

Mace Y

May N

McElhany Y

McKay Y

McPherson N


Miller E

Mitchell N

Morrison N

Nuñez N

Paschall E

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair N

Smith N

Spence N

Spradley Y

Stengel N

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool N

Tupa Y

Veiga Y

Vigil E

Webster N

Williams, S. Y

Williams, T. N

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker N

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1158 amended, 1122 amended, 1192 amended.

Laid over until date indicated retaining place on Calendar: HB99-1233, 1199, 1163, 1206, 1204, 1244, 1285, 1274, 1288, 1251, 1275, 1213, 1215, 1217, 1269, 1218, 1247, 1265, 1268, 1284, 1216, SB99-002--February 15, 1999.

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was adopted.

YES 56 NO 3 EXCUSED 6 ABSENT 0

Alexander E

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman N

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson E

Lawrence E

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller E

Mitchell Y

Morrison Y

Nuñez Y

Paschall E

Pfiffner Y

Plant N

Ragsdale Y

Saliman N

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil E

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

REPORTS OF COMMITTEES OF REFERENCE

APPROPRIATIONS

After consideration on the merits, the Committee recommends the following:

HB99-1004 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Education Committee Report, dated January 18, 1999, page 1, strike lines 1 and 2;

line 3, strike "Page 4," and substitute "Amend printed bill, page 4,";

line 8, strike "DISTRICT.";" and substitute "DISTRICT.".";

strike lines 9 and 10.


HB99-1006 be postponed indefinitely.

HB99-1174 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Strike the Judiciary Committee Report, dated January 28, 1999, and substitute the following:

"Amend printed bill, page 11, after line 11, insert the following:

"SECTION 2. 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 provisions of this act.".

Renumber succeeding section accordingly.".

BUSINESS AFFAIRS AND LABOR

After consideration on the merits, the Committee recommends the following:

HB99-1231 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 18, after the period, add "FOR PURPOSES OF THIS SUBPARAGRAPH (I), THE TREATMENT OF NEUROLOGIC INJURIES ALSO KNOWN AS CLOSED­HEAD INJURIES AND THEIR SEQUELAE, TEMPOROMANDIBULAR JOINT DISORDER, CRANIOMANDIBULAR DISORDER, VESTIBULAR, AUDITORY, OR VISUAL DISORDERS, PSYCHOLOGICAL DISORDERS, AND COGNITIVE DISORDERS, THAT ARE REASONABLE, NECESSARY, AND ARISING OUT OF THE USE OR OPERATION OF A MOTOR VEHICLE, SHALL BE CONSIDERED COVERED MEDICAL OR DENTAL PROCEDURES.".

Page 3, line 23, strike "REACHES FULL GROWTH POTENTIAL OR";

line 24, strike "AGE, WHICHEVER OCCURS EARLIER." and substitute "AGE.".

Page 5, strike lines 10 through 17.

HB99-1295 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 5, line 11, strike "THE FOLLOWING";

line 13, strike "FAILURES:" and substitute "FAILURES AND HAS TAKEN THE FOLLOWING ACTIONS:";

line 14, strike "INVENTORY" and substitute "INVENTORIED";

line 16, strike "IDENTIFY" and substitute "IDENTIFIED";

line 18, strike "IDENTIFY" and substitute "IDENTIFIED";

line 21, strike "PREPARE" and substitute "PREPARED AND IMPLEMENTED";

line 24, strike "COMPLY" and substitute "COMPLIED";

line 26, strike "CONDUCT" and substitute "CONDUCTED".

Page 6, line 3, strike "DEVELOP" and substitute "DEVELOPED";

line 16, strike "AS" and substitute "BY TAKING THE ACTIONS".

HB99-1301 be referred to the Committee of the Whole with favorable recommendation.

SB99-031 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 1, strike lines 2 and 3 and substitute the following:

"SECTION 1.  8­70­114 (2) (b) (VII) and (2) (e), Colorado Revised Statutes, are amended, and the said 8­70­114 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:".

Page 2, strike lines 7 and 8 and substitute the following:

"this title AND FULLY INSURED HEALTH COVERAGE PLANS, AS DEFINED IN SECTION 10­16­102 (22.5), C.R.S., employee pension benefit plans, and provision of benefits";

line 11, before "EMPLOYER", insert "FULLY INSURED";

line 20, after the period, add "AN INSURANCE CARRIER THAT ISSUES AN INSURANCE POLICY TO AN EMPLOYEE LEASING COMPANY SHALL BE ENTITLED TO RELY UPON A COPY OF THE CERTIFICATION FILED BY THE EMPLOYEE LEASING COMPANY WITH THE DEPARTMENT OF LABOR AND EMPLOYMENT UNDER PARAGRAPH (e) OF THIS SUBSECTION (2), IF SUCH CERTIFICATION IS CURRENTLY VALID, FOR THE PURPOSE OF DETERMINING WHETHER THE LEASING COMPANY IS AN "EMPLOYER" UNDER COLORADO LAW.";

after line 20, insert the following:

"(e)  Each employee leasing company shall maintain and have open for inspection by the department of labor and employment a listing of its work­site employers and their collective employees and shall maintain the records and reports as required by the "Colorado Employment Security Act", as described in articles 70 to 82 of this title. EACH EMPLOYEE LEASING COMPANY SHALL ANNUALLY CERTIFY WITH AN INDEPENDENT OPINION OF COUNSEL TO THE DEPARTMENT THAT IT IS IN COMPLIANCE WITH THE RIGHTS AND RESPONSIBILITIES SET FORTH IN PARAGRAPH (b) OF THIS SUBSECTION (2) AND THAT IT IS OFFERING TO ALL CLIENTS IN ITS SERVICE AGREEMENTS THOSE ITEMS REQUIRED IN PARAGRAPH (b) OF THIS SUBSECTION (2). THE DEPARTMENT OF LABOR AND EMPLOYMENT MAY REQUIRE EMPLOYEE LEASING COMPANIES TO SUBMIT DOCUMENTATION TO SHOW COMPLIANCE WITH THE PROVISIONS OF PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION AND MAY CONDUCT ANY NECESSARY REVIEW TO VERIFY THAT THE EMPLOYEE LEASING COMPANY IS AN EMPLOYING UNIT OR CO­EMPLOYER UNDER THIS SECTION.

(f)  EACH EMPLOYEE LEASING COMPANY SHALL MAINTAIN AND PROVIDE UPON REQUEST TO A CARRIER, AS DEFINED IN SECTION 10­16­102 (8), C.R.S., WITH WHICH THE EMPLOYEE LEASING COMPANY REQUESTS A CONTRACT, THE CERTIFICATION REQUIRED IN PARAGRAPH (e) OF THIS SUBSECTION (2).".

HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

After consideration on the merits, the Committee recommends the following:

HB99-1302 be postponed indefinitely.

JUDICIARY

After consideration on the merits, the Committee recommends the following:

HB99-1211 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

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

"SECTION 2. Appropriation.  (1)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the judicial department, for the fiscal year beginning July 1, 1999, the sum of four hundred ninety-six thousand one hundred eight-six dollars ($496,186) and 6.0 FTE, or so much thereof as may be necessary, for the implementation of this act.

(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 defender, for the fiscal year beginning July 1, 1999, the sum of sixty thousand eight hundred fifty-five dollars ($60,855) and 1.4 FTE, or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, line 103, strike "LARIMER." and substitute "LARIMER, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

HB99-1242 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

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

"SECTION 1.  24­6­402 (4) (g), Colorado Revised Statutes, is amended to read:

24­6­402.  Meetings ­ open to public. (4)  The members of a local public body subject to this part 4, upon the announcement by the local public body to the public of the topic for discussion in the executive session and the affirmative vote of two­thirds of the quorum present, after such announcement, may hold an executive session only at a regular or special meeting and for the sole purpose of considering any of the following matters; except that no adoption of any proposed policy, position, resolution, rule, regulation, or formal action shall occur at any executive session that is not open to the public:

(g)  Consideration of any documents protected by the mandatory nondisclosure provisions of part 2 of article 72 of this title, commonly known as the "Open Records Act", EXCEPT THAT ALL CONSIDERATION OF DOCUMENTS OR RECORDS THAT ARE WORK PRODUCT AS DEFINED IN SECTION 24­72­202 (6.5) OR THAT ARE SUBJECT TO THE GOVERNMENTAL OR DELIBERATIVE PROCESS PRIVILEGE SHALL OCCUR IN A PUBLIC MEETING UNLESS AN EXECUTIVE SESSION IS OTHERWISE ALLOWED PURSUANT TO THIS SUBSECTION (4);

SECTION 2.  24­72­202 (6.5) (c) (IV), Colorado Revised Statutes, is amended to read:

24­72­202.  Definitions.  As used in this part 2, unless the context otherwise requires:

(6.5) (c)  "Work product" does not include:

(IV)  Any materials that would otherwise constitute work product if such materials are produced and distributed TO THE MEMBERS OF A PUBLIC BODY FOR THEIR USE OR CONSIDERATION in a public meeting or cited and identified in the text of the final version of a document that expresses a decision by an elected official.

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.".

HB99-1261 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 23, after "RATE", insert "SUBSTANTIALLY".

Page 3, strike lines 17 through 22.

Renumber succeeding subsections accordingly.

Page 4, line 9, strike "(2) TO (5)" and substitute "(2) TO (4)";

line 13, strike "(2) TO (5)" and substitute "(2) TO (4)".

HB99-1277 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, strike everything below the enacting clause, and substitute the following:

"SECTION 1.  Part 1 of article 1 of title 25, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

25­1­120.5.  Nursing facilities ­ mandatory disclosure requirements governing forfeiture of security deposits and rent.

(1)  IN ORDER TO PROVIDE FOR FULL AND FAIR DISCLOSURE OF A NURSING FACILITY'S POLICIES REGARDING FORFEITURE, ANY CONTRACT OR LEASE AGREEMENT THAT CONTAINS A PROVISION THAT RESULTS IN OR REQUIRES FORFEITURE OF A SECURITY DEPOSIT OR ONE MONTH OR MORE OF RENT OR FORFEITURE OF BOTH SHALL INCLUDE THE PROVISION REGARDING THE FACILITY'S POLICIES ON FORFEITURE IN CLEAR, UNDERSTANDABLE LANGUAGE ON THE FRONT PAGE OF THE CONTRACT OR LEASE AGREEMENT AND IN BOLD PRINT THAT IS IN AT LEAST TWELVE­POINT TYPE. SUCH STATEMENT SHALL INCLUDE WHAT AMOUNT WOULD BE FORFEITED, IF RENT IS PRORATED, HOW SUCH PRORATION IS CALCULATED, AND ALL CONDITIONS OR CIRCUMSTANCES RESULTING IN FORFEITURE, INCLUDING WHETHER DEATH OR VACATION OF THE PREMISES DUE TO UNFORESEEABLE MEDICAL REASONS DURING THE TERM OF THE CONTRACT OR LEASE WOULD RESULT IN FORFEITURE. FOR PURPOSES OF THIS SECTION, "SECURITY DEPOSIT" SHALL HAVE THE SAME MEANING AS SAID TERM IS DEFINED IN SECTION 38­12­102 (2), C.R.S. THE REQUIREMENTS OF THIS SECTION SHALL APPLY TO ALL CONTRACTS OR LEASE AGREEMENTS ENTERED INTO OR RENEWED ON AFTER SEPTEMBER 1, 1999.

(2)  THIS SECTION APPLIES TO ANY FACILITY, OR A DISTINCT PART OF A FACILITY, THAT MEETS THE STATE NURSING HOME LICENSING STANDARDS IN SECTION 25­1­107 (1) (l) (I) AND THE LICENSING REQUIREMENTS SPECIFIED IN SECTION 25­3­301.

SECTION 2.  Article 27 of title 25, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

25­27­104.5.  Mandatory disclosure requirements governing forfeiture of security deposits and rent. IN ORDER TO PROVIDE FOR FULL AND FAIR DISCLOSURE OF THE PERSONAL CARE BOARDING HOME'S POLICIES REGARDING FORFEITURE, A LEASE PROVISION IN A WRITTEN BOARD AND CARE PLAN OR IN A CONTRACT SIGNED BY A RESIDENT OF A PERSONAL CARE BOARDING HOME THAT CONTAINS A PROVISION THAT RESULTS IN OR REQUIRES FORFEITURE OF A SECURITY DEPOSIT OR ONE MONTH OR MORE OF RENT OR FORFEITURE OF BOTH SHALL INCLUDE THE PROVISION REGARDING THE PERSONAL CARE BOARDING HOME'S POLICIES ON FORFEITURE IN CLEAR, UNDERSTANDABLE LANGUAGE ON THE FRONT PAGE OF THE CONTRACT OR LEASE AGREEMENT AND IN BOLD PRINT THAT IS IN AT LEAST TWELVE­POINT TYPE. SUCH STATEMENT SHALL INCLUDE WHAT AMOUNT WOULD BE FORFEITED, IF RENT IS PRORATED, HOW SUCH PRORATION IS CALCULATED, AND ALL CONDITIONS OR CIRCUMSTANCES RESULTING IN FORFEITURE, INCLUDING WHETHER DEATH OR VACATION OF THE PREMISES DUE TO UNFORESEEABLE MEDICAL REASONS DURING THE TERM OF THE CONTRACT OR LEASE WOULD RESULT IN FORFEITURE. FOR PURPOSES OF THIS SECTION, "SECURITY DEPOSIT" SHALL HAVE THE SAME MEANING AS SAID TERM IS DEFINED IN SECTION 38­12­102 (2), C.R.S. THE REQUIREMENTS OF THIS SECTION SHALL APPLY TO ALL LEASE PROVISIONS OR CONTRACTS ENTERED INTO OR RENEWED ON AFTER SEPTEMBER 1, 1999.

SECTION 3.  Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of 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; except that, if 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, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".

HB99-1279 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, line 3, strike "A NEW SUBSECTION" and substitute "THE FOLLOWING NEW SUBSECTIONS".

Page 2, strike line 3, and substitute the following:

"LESS THAN ONE YEAR.

(2.4)  AFTER THE EXPIRATION OF THE PERIOD";

line 6, strike "SECOND OR SUBSEQUENT";

line 7, after "(2) (a)," insert "WHICH VIOLATION OCCURRED WITHIN FIVE YEARS AFTER THE DATE OF A PREVIOUS VIOLATION FOR WHICH THERE WAS A CONVICTION UNDER SECTION 42­4­1301 (1) (a) OR (2) (a)";

line 8, strike "42­2­116 (1.5)." and substitute "42­2­132.5.".

Page 3, line 25, strike "42­2­116" and substitute "42­2­132.5";

line 26, strike "(1.5)" and, strike "YEAR." and substitute "YEAR AFTER REINSTATEMENT.".

Page 5, strike lines 8 through 26 and substitute the following:

"SECTION 3.  Part 1 of article 2 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

42­2­132.5.  Restricted licenses following multiple alcohol convictions. (1)  FOLLOWING THE PERIOD OF REVOCATION PURSUANT TO SUBSECTION (4) OF THIS SECTION OR SECTION 42­2­125 AND ANY SUBSEQUENTLY IMPOSED PERIOD OF REVOCATION, ANY PERSON WHO HAS BEEN CONVICTED ON TWO OR MORE OCCASIONS OF AN OFFENSE UNDER SECTION 42­4­1301 (1) (a) OR (2) (a) WHICH OFFENSES WERE COMMITTED WITHIN A PERIOD OF FIVE YEARS SHALL BE REQUIRED TO HOLD A RESTRICTED LICENSE PURSUANT TO THIS SECTION FOR AT LEAST ONE YEAR PRIOR TO BEING ELIGIBLE TO OBTAIN ANY OTHER DRIVER'S LICENSE ISSUED UNDER THIS ARTICLE 2.

(2) (a)  THE DEPARTMENT SHALL ISSUE A RESTRICTED LICENSE UNDER THIS SECTION IF THE DEPARTMENT RECEIVES FROM THE PERSON AN AFFIDAVIT STATING THAT THE PERSON HAS OBTAINED AT THE PERSON'S OWN EXPENSE A SIGNED LEASE AGREEMENT FOR THE INSTALLATION AND USE OF AN APPROVED IGNITION INTERLOCK DEVICE, AS DEFINED IN SECTION 42­2­126.1 (6), IN EACH MOTOR VEHICLE ON WHICH THE PERSON'S NAME APPEARS ON THE REGISTRATION AND ANY OTHER VEHICLE THAT THE PERSON MAY DRIVE DURING THE PERIOD OF THE RESTRICTED LICENSE. A COPY OF EACH SIGNED LEASE AGREEMENT SHALL BE ATTACHED TO THE AFFIDAVIT.

(b)  THE TERMS OF THE RESTRICTED LICENSE SHALL INCLUDE THAT THE PERSON SHALL NOT DRIVE A MOTOR VEHICLE OTHER THAN A VEHICLE IN WHICH AN APPROVED IGNITION INTERLOCK DEVICE, AS DEFINED BY SECTION 42­2­126.1 (6), IS INSTALLED.

(3) (a)  THE LEASING AGENCY FOR ANY APPROVED IGNITION INTERLOCK DEVICE SHALL REMIT A FILING FEE IN THE AMOUNT OF THIRTY­THREE DOLLARS FOR EACH PERSON LEASING A DEVICE TO COVER PROGRAM START­UP AND OPERATIONAL COSTS INCURRED BY THE DEPARTMENT AND THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT. THE LEASING AGENCY SHALL REMIT THE FEES TO THE STATE TREASURER, WHO SHALL CREDIT THE FEES TO THE INTERLOCK FUND, CREATED IN SECTION 42­2­126.1 (2.5).

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (3), THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­402 (3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­402 (4), C.R.S.

(c)  THE LEASING AGENCY SHALL CHECK THE DEVICE AT LEAST ONCE EVERY SIXTY DAYS TO ENSURE THAT THE DEVICE IS OPERATING AND THAT THERE HAS BEEN NO TAMPERING WITH THE DEVICE. IF THE LEASING AGENCY DETECTS THAT THERE HAS BEEN TAMPERING WITH THE DEVICE, THE LEASING AGENCY SHALL NOTIFY THE DEPARTMENT OF THAT FACT WITHIN FIVE DAYS OF THE DETECTION.

(4)  THE LICENSE OF ANY PERSON WHO HAS OBTAINED A RESTRICTED LICENSE UNDER THE PROVISIONS OF THIS SECTION WHO VIOLATES THE TERMS OF THE RESTRICTED LICENSE OR WHO TAMPERS WITH OR DISCONNECTS AN INTERLOCK DEVICE SHALL BE REVOKED FOR A PERIOD OF NOT LESS THAN ONE YEAR FROM THE DATE THAT THE DEPARTMENT RECEIVES EVIDENCE THAT THE TERMS OF THE RESTRICTED LICENSE HAVE BEEN VIOLATED OR THE INTERLOCK DEVICE HAS BEEN TAMPERED WITH OR DISCONNECTED. THE PERSON SHALL BE ENTITLED TO A HEARING ON THE LICENSE REVOCATION.".

Page 6, strike lines 1 and 2;

line 18, strike "SECTION." and substitute "SECTION UNTIL SUCH PERSON'S LICENSE HAS BEEN REVOKED FOR A PERIOD OF AT LEAST ONE YEAR DURING WHICH THE PERSON HAS NO VIOLATIONS UNDER THIS TITLE.

SECTION 5.  42­2­132 (2) (a), Colorado Revised Statutes, is amended to read:

42­2­132.  Period of suspension or revocation. (2) (a) (I)  Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked is not entitled to apply for a probationary license, and, except as provided in paragraph (b) of this subsection (2) and in sections 42­2­125, 42­2­126, 42­2­138, 42­2­205, and 42­7­406, such person is not entitled to make application for a new license until the expiration of one year from the date on which the revoked license was surrendered to and received by the department; then such person may make application for a new license as provided by law.

(II)  Following the period of revocation set forth in this subsection (2), the department shall not issue a new license unless and until it is satisfied that such person has demonstrated knowledge of the laws and driving ability through the appropriate motor vehicle testing process and that such person whose license was revoked pursuant to section 42­2­125 for an alcohol­ or drug­related driving offense has completed not less than a level II alcohol and drug education and treatment program certified by the division of alcohol and drug abuse pursuant to section 42­4­1301 (10).

(III)  In the case of a minor driver or a provisional driver whose license has been revoked as a result of one conviction for any offense provided for in section 42­4­1301 (1) or (2), the minor driver or provisional driver, unless otherwise required after an evaluation made by an alcohol and drug evaluation specialist certified by the division of alcohol and drug abuse, must complete a level I alcohol and drug education program certified by the division of alcohol and drug abuse pursuant to section 42­4­1301 (10).

(IV)  ANY PERSON WHOSE LICENSE OR PRIVILEGE TO DRIVE A MOTOR VEHICLE ON THE PUBLIC HIGHWAYS HAS BEEN SUSPENDED BECAUSE SUCH PERSON HAS BEEN CONVICTED ON TWO OR MORE OCCASIONS OF AN OFFENSE UNDER SECTION 42­4­1301 (1) (a) OR (2) (a) WHICH OFFENSES WERE COMMITTED WITHIN A PERIOD OF FIVE YEARS SHALL BE REQUIRED TO PRESENT AN AFFIDAVIT STATING THAT THE PERSON HAS OBTAINED AT THE PERSON'S OWN EXPENSE A SIGNED LEASE AGREEMENT FOR THE INSTALLATION AND USE OF AN APPROVED IGNITION INTERLOCK DEVICE, AS DEFINED IN SECTION 42­2­126.1 (6), IN EACH MOTOR VEHICLE ON WHICH THE PERSON'S NAME APPEARS ON THE REGISTRATION AND ANY OTHER VEHICLE THAT THE PERSON MAY DRIVE DURING THE PERIOD OF THE RESTRICTED LICENSE AND A COPY OF EACH SIGNED LEASE AGREEMENT.

(V)  The department shall take into consideration any probationary terms imposed on such person by any court in determining whether any revocation shall be continued.".

Renumber succeeding sections accordingly.

HB99-1299 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

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

"SECTION 1.  The introductory portion to 19­5­207 (2) and 19­5­207 (2.5) (a), (5), (6), and (7), Colorado Revised Statutes, are amended to read:

19­5­207.  Written consent and home study report for public adoptions. (2)  In all petitions for adoption, whether by the court, the county department of social services, or child placement agencies, in addition to such written consent, the court shall require a written HOME STUDY report from either the county department of social services, THE DESIGNATED QUALIFIED INDIVIDUAL, or the child placement agency showing the following:

(2.5) (a)  In all petitions for adoption, whether by the court, the county department of social services, or child placement agencies, in addition to the written HOME STUDY report described in subsection (2) of this section, the court shall require either the county department of social services, THE DESIGNATED QUALIFIED INDIVIDUAL, or the child placement agency to conduct a criminal records check for any prospective adoptive parent and to report to the court any case in which a record check reveals that the prospective adoptive parent was convicted at any time of a felony in one of the following areas: Child abuse or neglect; spousal abuse; any crime against a child; or any crime involving violence, rape, sexual assault, or homicide, excluding other physical assault or battery.

(5)  Any person who, by his or her own request or by order of the court as provided in section 19­5­209, is the subject of a written report and investigation conducted pursuant to subsection (2) of this section by the county department of social services or by the probation department of the court shall be required to pay, based on an ability to pay, the cost of such written report and investigation.

(6)  The department shall establish rules that provide for county departments of social services to charge a fee, not to exceed five hundred dollars in the case of a first adoption and not to exceed two hundred fifty dollars for a second or subsequent adoption by the same party or parties, for reports, investigations, and criminal records checks provided in accordance with this article.

(7)  The department may waive the fee provided for in subsection (6) of this section if such fee poses a barrier to the adoption of a child for whom the county department of social services has financial responsibility.

SECTION 2.  Part 2 of article 5 of title 19, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

19­5­207.5.  Legislative declaration ­ standardized home studies ­ adoptive family resource registry ­ rules. (1) Legislative declaration. (a) (I)  THE GENERAL ASSEMBLY HEREBY FINDS THAT THERE ARE A GROWING NUMBER OF CHILDREN IN THE LEGAL CUSTODY OF THE COUNTY DEPARTMENTS OF SOCIAL SERVICES WHO ARE THE VICTIMS OF PHYSICAL OR SEXUAL ABUSE, NEGLECT, OR ABANDONMENT AND WHO ARE AWAITING PERMANENT PLACEMENT IN SAFE, LOVING, AND NURTURING ADOPTIVE HOMES. THE GENERAL ASSEMBLY FURTHER FINDS THAT WITH THE EXPEDITED PERMANENCY PROCEDURES THAT HAVE BEEN ESTABLISHED AND WITH THE ENACTMENT OF LEGISLATION IMPLEMENTING THE FEDERAL "ADOPTION AND SAFE FAMILIES ACT OF 1997", PUBLIC LAW 105­89, IT IS ANTICIPATED THAT THE NUMBER OF CHILDREN AVAILABLE FOR ADOPTION WILL CONTINUE TO INCREASE DRAMATICALLY AND THAT THERE WILL BE A CORRESPONDING INCREASED NEED TO IDENTIFY STATEWIDE THOSE FAMILIES THAT ARE WILLING AND QUALIFIED TO ADOPT THESE NEEDY CHILDREN.

(II)  THE GENERAL ASSEMBLY FINDS THAT, ALTHOUGH THE COUNTY DEPARTMENTS OF SOCIAL SERVICES HAVE MADE ADMIRABLE EFFORTS IN ASSESSING AND REPORTING ON THE QUALIFICATIONS OF FAMILIES INTERESTED IN ADOPTING, THERE IS A NEED TO MAKE THE VALUABLE RESOURCE OF SUCH QUALIFIED FAMILIES MORE AVAILABLE AND ACCESSIBLE TO ALL COUNTIES IN THE STATE IN ORDER TO SATISFY THE GROWING NEED FOR SUITABLE ADOPTIVE FAMILIES.

(b)  ACCORDINGLY, THE GENERAL ASSEMBLY DETERMINES THAT IT IS APPROPRIATE AND DESIRABLE FOR THE DEPARTMENT TO AID THE COUNTY DEPARTMENTS OF SOCIAL SERVICES IN THEIR EFFORTS TO ACHIEVE PERMANENCY FOR CHILDREN IN THEIR LEGAL CUSTODY WHO ARE AVAILABLE FOR ADOPTION BY MAKING ACCESSIBLE TO SUCH COUNTY DEPARTMENTS A STATEWIDE ADOPTIVE FAMILY RESOURCE REGISTRY OF FAMILIES WHO ARE QUALIFIED FOR AND DESIROUS OF ADOPTING CHILDREN WITH SPECIAL NEEDS. TOWARD THAT END, THE GENERAL ASSEMBLY FURTHER DETERMINES THAT IT WOULD BE BENEFICIAL TO SUCH CHILDREN AND FAMILIES FOR THE DEPARTMENT TO DEVELOP AND IMPLEMENT, WITH THE ASSISTANCE AND PARTICIPATION OF THE COUNTY DEPARTMENTS OF SOCIAL SERVICES, A STATEWIDE STANDARDIZED PROCESS OF PREPARING ADOPTIVE HOME STUDIES IN ORDER TO ACHIEVE MORE TIMELY ADOPTIVE PLACEMENTS, TO REDUCE THE BURDEN ASSOCIATED WITH THE ADOPTION PROCESS, AND TO AVERT THE POSSIBILITY OF FAILED ADOPTIONS.

(2) Contracts for home studies. (a)  IN ORDER TO ACHIEVE GREATER ACCESS TO QUALIFIED FAMILIES SEEKING TO ADOPT CHILDREN, TO EXPEDITE PERMANENCY PLACEMENT FOR CHILDREN AVAILABLE FOR ADOPTION, AND TO OBTAIN RELIABLE, HIGH­QUALITY ASSESSMENTS OF FAMILIES THAT CAN RESULT IN PERMANENT AND HEALTHY PLACEMENTS, THE DEPARTMENT SHALL IMPLEMENT A STATEWIDE PROCESS FOR PREPARING THE HOME STUDY REPORTS IN PUBLIC ADOPTIONS AS REQUIRED BY SECTION 19­5­207 (2).

(b) (I)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH (b), ANY COUNTY DEPARTMENT OF SOCIAL SERVICES THAT COMPLETED, OR CONTRACTED TO BE COMPLETED, MORE THAN FIFTEEN INVESTIGATIONS AND HOME STUDY REPORTS FOR PROSPECTIVE PUBLIC ADOPTIONS PURSUANT TO SECTION 19­5­207, IN THE IMMEDIATELY PRECEDING CALENDAR YEAR, MAY ELECT TO CONTINUE TO PROVIDE THESE SERVICES IN SUCH MANNER OR MAY ELECT TO PROVIDE THESE SERVICES THROUGH THE STATEWIDE PROCESS IMPLEMENTED BY THE DEPARTMENT PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH (b).

(II) (A)  UPON CONSULTATION WITH COUNTY REPRESENTATIVES, THE DEPARTMENT SHALL DEVELOP A REQUEST FOR PROPOSAL PROCESS IN ORDER TO AWARD CONTRACTS TO COUNTY DEPARTMENTS OF SOCIAL SERVICES, QUALIFIED INDIVIDUALS, OR CHILD PLACEMENT AGENCIES FOR THE PURPOSE OF CONDUCTING INVESTIGATIONS AND PREPARING WRITTEN HOME STUDY REPORTS FOR PROSPECTIVE PUBLIC ADOPTIONS. CONTRACTS MAY BE ENTERED INTO ON A REGIONAL BASIS, AS IDENTIFIED IN THE REQUEST FOR PROPOSAL. AS PART OF THE SELECTION PROCESS, THE STATE BOARD OF HUMAN SERVICES SHALL APPOINT A SELECTION COMMITTEE, WHICH SHALL INCLUDE REPRESENTATION FROM A SMALL, A MEDIUM, AND A LARGE COUNTY DEPARTMENT OF SOCIAL SERVICES SO THAT BOTH URBAN AND RURAL COUNTIES WILL BE REPRESENTED.

(B)  THE STATE BOARD OF HUMAN SERVICES SHALL PROMULGATE RULES IDENTIFYING THE QUALIFYING CRITERIA THAT COUNTY DEPARTMENTS OF SOCIAL SERVICES, INDIVIDUALS, AND CHILD PLACEMENT AGENCIES MUST MEET IN ORDER TO CONTRACT WITH THE DEPARTMENT PURSUANT TO THIS SUBPARAGRAPH (II) FOR THE PURPOSE OF CONDUCTING ADOPTIVE INVESTIGATIONS AND PREPARING HOME STUDY REPORTS.

(c)  ALL CONTRACTS ENTERED INTO PURSUANT TO THIS SUBSECTION (2) SHALL SPECIFY THAT THE COUNTY DEPARTMENTS OF SOCIAL SERVICES, THE QUALIFIED INDIVIDUALS, AND THE CHILD PLACEMENT AGENCIES SELECTED THEREBY SHALL PREPARE THEIR HOME STUDY REPORTS IN COMPLIANCE WITH THE MINIMUM UNIFORM STANDARDS PRESCRIBED BY RULE OF THE STATE BOARD AS DESCRIBED IN SUBSECTION (3) OF THIS SECTION AND THAT SUCH HOME STUDY REPORTS SHALL BE SUBJECT TO INCLUSION IN THE ADOPTIVE FAMILY RESOURCE REGISTRY UPON CONSENT OF THE FAMILY AS PROVIDED IN PARAGRAPH (c) OF SUBSECTION (4) OF THIS SECTION.

(d)  ALL CONTRACTS ENTERED INTO PURSUANT TO THIS SUBSECTION (2) MAY INCLUDE A PROVISION THAT THE COUNTY DEPARTMENT OF SOCIAL SERVICES, THE QUALIFIED INDIVIDUAL, OR THE CHILD PLACEMENT AGENCY CONTRACTING WITH THE DEPARTMENT MAY PROMOTE THE ADOPTION OF AVAILABLE CHILDREN THROUGH A PUBLIC INFORMATION CAMPAIGN DIRECTED AT EDUCATING AND INFORMING THE PUBLIC ABOUT THE NEED FOR SAFE AND HEALTHY ADOPTIVE FAMILIES. REGIONAL EDUCATIONAL CAMPAIGNS SHALL BE ENCOURAGED.

(e)  ALL COUNTY DEPARTMENTS OF SOCIAL SERVICES, QUALIFIED INDIVIDUALS, AND CHILD PLACEMENT AGENCIES WITH WHICH THE DEPARTMENT CONTRACTS PURSUANT TO THIS SUBSECTION (2) MAY PARTICIPATE IN THE STATEWIDE TRAINING PROVIDED BY THE DEPARTMENT.

(3) Standards for home studies.  THE STATE BOARD OF HUMAN SERVICES SHALL PROMULGATE RULES IDENTIFYING THE CRITERIA FOR THE INVESTIGATION AND THE MINIMUM UNIFORM STANDARDS FOR THE HOME STUDY REPORTS WITH WHICH THE COUNTY DEPARTMENTS OF SOCIAL SERVICES, THE QUALIFIED INDIVIDUALS, OR THE CHILD PLACEMENT AGENCIES CONTRACTING WITH EITHER THE DEPARTMENT OR THE COUNTY DEPARTMENTS OF SOCIAL SERVICES SHALL COMPLY. THE CRITERIA SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:

(a)  THE QUALITY STANDARDS THAT THE COUNTY DEPARTMENT OF SOCIAL SERVICES, THE QUALIFIED INDIVIDUAL, OR THE CHILD PLACEMENT AGENCY MUST ACHIEVE;

(b)  THE TIME FRAMES WITHIN WHICH THE COUNTY DEPARTMENT OF SOCIAL SERVICES, THE QUALIFIED INDIVIDUAL, OR THE CHILD PLACEMENT AGENCY MUST COMPLETE THE INVESTIGATIONS AND HOME STUDY REPORTS; AND

(c)  THE CAPACITY OF THE COUNTY DEPARTMENT OF SOCIAL SERVICES, THE QUALIFIED INDIVIDUAL, OR THE CHILD PLACEMENT AGENCY TO ASSESS THE ABILITIES OF PROSPECTIVE ADOPTIVE FAMILIES TO MEET THE NEEDS OF A CHILD WITH SPECIAL NEEDS.

(4) Fees for investigations and home studies. (a) (I)  ANY PERSON WHO, BY HIS OR HER OWN REQUEST OR BY ORDER OF THE COURT AS PROVIDED IN SECTION 19­5­209, IS THE SUBJECT OF A HOME STUDY REPORT AND INVESTIGATION CONDUCTED PURSUANT TO SECTION 19­5­207 BY A COUNTY DEPARTMENT OF SOCIAL SERVICES, A QUALIFIED INDIVIDUAL, OR A CHILD PLACEMENT AGENCY SHALL BE REQUIRED TO PAY, BASED ON AN ABILITY TO PAY, THE COST OF SUCH REPORT AND INVESTIGATION.

(II)  IN PUBLIC ADOPTIONS, THE STATE BOARD OF HUMAN SERVICES SHALL PROMULGATE RULES ESTABLISHING THE MAXIMUM AMOUNT THAT A COUNTY DEPARTMENT OF SOCIAL SERVICES, A QUALIFIED INDIVIDUAL, OR A CHILD PLACEMENT AGENCY MAY CHARGE A PROSPECTIVE ADOPTIVE FAMILY FOR THE INVESTIGATION, CRIMINAL RECORDS CHECK, AND HOME STUDY REPORT REQUIRED PURSUANT TO SECTION 19­5­207.

(III)  THE COUNTY DEPARTMENT OF SOCIAL SERVICES MAY WAIVE THE FEE ESTABLISHED PURSUANT TO THIS SUBSECTION (4) IF THE FEE POSES A BARRIER TO THE ADOPTION OF A CHILD FOR WHOM A COUNTY DEPARTMENT OF SOCIAL SERVICES HAS FINANCIAL RESPONSIBILITY.

(b) (I)  IN ADDITION TO THE FEE SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (4), IF THE COUNTY DEPARTMENT OF SOCIAL SERVICES HAS NOT PLACED A CHILD AVAILABLE FOR A PUBLIC ADOPTION WITH A FAMILY WHO IS THE SUBJECT OF AN INVESTIGATION AND HOME STUDY REPORT AFTER SIX MONTHS, THEN THE COUNTY SHALL REFER THE FAMILY AND THE HOME STUDY REPORT FOR SUCH FAMILY TO THE ADOPTIVE FAMILY RESOURCE REGISTRY ESTABLISHED PURSUANT TO SUBSECTION (5) OF THIS SECTION IF THERE IS WRITTEN CONSENT PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (c) OF SUBSECTION (5) OF THIS SECTION. PRIOR TO REFERRAL OF A PROSPECTIVE ADOPTIVE FAMILY TO THE ADOPTIVE FAMILY RESOURCE REGISTRY, THE PROSPECTIVE ADOPTIVE FAMILY SHALL BE ASSESSED AND SHALL PAY A NONREFUNDABLE ADMINISTRATIVE FEE IN AN AMOUNT TO BE DETERMINED BY RULE OF THE STATE BOARD OF HUMAN SERVICES. A FAMILY SHALL NOT BE ASSESSED THE FEE DESCRIBED IN THIS PARAGRAPH (b) IF THE FAMILY IS NOT REFERRED TO THE ADOPTIVE FAMILY RESOURCE REGISTRY.

(II)  THE DEPARTMENT OR THE CONTRACTOR SELECTED BY THE DEPARTMENT TO ADMINISTER THE ADOPTIVE FAMILY RESOURCE REGISTRY SHALL COLLECT THE ADMINISTRATIVE FEE ESTABLISHED BY RULE OF THE STATE BOARD OF HUMAN SERVICES PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) AND APPLY THE REVENUE FROM SAID FEES TO OFFSET THE COSTS INCURRED FOR THE ADMINISTRATION OF THE ADOPTIVE FAMILY RESOURCE REGISTRY.

(III)  NOTHING IN THIS PARAGRAPH (b) SHALL BE CONSTRUED TO PREVENT A COUNTY FROM REFERRING A FAMILY TO THE ADOPTIVE FAMILY RESOURCE REGISTRY BEFORE THE SIX MONTH PERIOD HAS LAPSED.

(5) Adoptive family resource registry. (a)  SUBJECT TO AVAILABLE FUNDS AS SPECIFIED IN SUBPARAGRAPH (III) OF PARAGRAPH (b) OF THIS SUBSECTION (5), THE DEPARTMENT SHALL ESTABLISH A STATEWIDE ADOPTIVE FAMILY RESOURCE REGISTRY THAT COUNTY DEPARTMENTS OF SOCIAL SERVICES MAY ACCESS TO DETERMINE THE AVAILABILITY OF QUALIFIED FAMILIES SEEKING TO ADOPT A CHILD IN THE CUSTODY OF A COUNTY DEPARTMENT OF SOCIAL SERVICES. THE DEPARTMENT IS AUTHORIZED TO CONTRACT WITH A PUBLIC OR PRIVATE ENTITY FOR THE PROVISION OF THIS SERVICE.

(b) (I)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT IS AUTHORIZED TO ACCEPT AND EXPEND ON BEHALF OF THE STATE ANY FUNDS, GRANTS, GIFTS, OR DONATIONS FROM ANY PRIVATE OR PUBLIC SOURCE FOR THE PURPOSE OF ESTABLISHING THE STATEWIDE ADOPTIVE FAMILY RESOURCE REGISTRY; EXCEPT THAT NO GIFT, GRANT, OR DONATION SHALL BE ACCEPTED IF THE CONDITIONS ATTACHED THERETO REQUIRE THE EXPENDITURE THEREOF IN A MANNER CONTRARY TO LAW.

(II)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT IS AUTHORIZED TO APPLY FOR A FEDERAL WAIVER, IF NECESSARY, TO AUTHORIZE THE USE OF FEDERAL GRANT MONEYS TO IMPLEMENT THIS SECTION.

(III)  NO GENERAL FUND MONEYS SHALL BE EXPENDED FOR THE ESTABLISHMENT OF THE ADOPTIVE FAMILY RESOURCE REGISTRY. THE ADOPTIVE FAMILY RESOURCE REGISTRY SHALL BE ESTABLISHED ONLY UPON THE RECEIPT OF SUFFICIENT GRANTS, GIFTS, AND DONATIONS PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b).

(c) (I)  NO HOME STUDY REPORT, OR ANY OTHER INFORMATION CONCERNING A PERSON INTERESTED IN A PUBLIC ADOPTION SHALL BE SUBMITTED TO THE ADOPTIVE FAMILY RESOURCE REGISTRY WITHOUT SUCH PERSON'S WRITTEN CONSENT.

(II)  THE STATE BOARD OF HUMAN SERVICES SHALL PROMULGATE RULES SPECIFYING THE LIMITED AMOUNT OF NONIDENTIFYING DATA CONCERNING A PERSON INTERESTED IN A PUBLIC ADOPTION THAT SHALL BE AVAILABLE TO COUNTY DEPARTMENTS OF SOCIAL SERVICES ON THE INTERNET THROUGH THE ADOPTIVE FAMILY RESOURCE REGISTRY.

(III)  THE STATE BOARD OF HUMAN SERVICES SHALL PROMULGATE RULES IDENTIFYING THE STANDARDS AND PROCEDURES WITH WHICH THE DEPARTMENT OR THE CONTRACTOR SELECTED BY THE DEPARTMENT TO ADMINISTER THE ADOPTIVE FAMILY RESOURCE REGISTRY SHALL COMPLY IN ORDER TO PRESERVE THE CONFIDENTIALITY AND PRIVACY OF THE PROSPECTIVE ADOPTIVE FAMILY AS MUCH AS POSSIBLE.

SECTION 3.  19­5­209 (1), Colorado Revised Statutes, is amended to read:

19­5­209.  Petition ­ written home study reports. (1)  Except for stepparent adoptions and those cases in which placement for adoption has been made by the court, if a petition for the adoption of a child is not accompanied by the written consent and HOME STUDY report of the county department of social services, A QUALIFIED INDIVIDUAL, or a licensed child placement agency, the court shall order the county department of social services, QUALIFIED INDIVIDUAL, or a licensed child placement agency to make an investigation and file a written HOME STUDY report substantially in the form outlined in section 19­5­207 (2), including a recommendation as to whether the adoption should be decreed.

SECTION 4.  Part 2 of article 5 of title 19, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

19­5­216.  Increased access for adoption ­ study ­ report. (1) (a)  THE DEPARTMENT SHALL EXAMINE AND EVALUATE THE PROCESS OF ADOPTIVE PLACEMENTS OF CHILDREN IN THE LEGAL CUSTODY OF THE COUNTY DEPARTMENTS OF SOCIAL SERVICES AND IDENTIFY THOSE ASPECTS OF THE PROCESS THAT MAY BE IMPROVED TO ACHIEVE THE ULTIMATE GOAL OF PERMANENCY FOR THE GREATEST NUMBER OF CHILDREN IN SAFE AND HEALTHY ADOPTIVE HOMES. IN CONDUCTING THIS ANALYSIS, THE DEPARTMENT SHOULD CONSIDER, BUT NEED NOT BE LIMITED TO, THE FOLLOWING:

(I)  THE BEST MEANS BY WHICH TO INCREASE COUNTY ACCESSIBILITY TO QUALIFIED FAMILIES SEEKING TO ADOPT AND THE BEST MEANS BY WHICH TO ACHIEVE PLACEMENT OF CHILDREN AVAILABLE FOR ADOPTION WITH SUCH FAMILIES;

(II)  WHETHER FURTHER AUTOMATION WOULD BE CONDUCIVE TO THE ACHIEVEMENT OF PERMANENCY OF CHILDREN;

(III)  THE NEED FOR CENTRALIZATION OF INFORMATION;

(IV)  THE BENEFITS OF ADDITIONAL STANDARDIZATION;

(V)  THE RESOURCES OF OTHER INTERESTED ENTITIES OR FOUNDATIONS THAT MAY BE AVAILABLE TO SUPPORT PUBLIC ADOPTIONS;

(VI)  THE PROGRAMS AND SYSTEMS DEVELOPED BY OTHER STATES TO ACHIEVE MAXIMUM ACCESS AND EXPEDITED PERMANENCY FOR CHILDREN IN SAFE AND HEALTHY ADOPTIVE HOMES; AND

(VII)  THE METHODS USED TO REDUCE THE NUMBER OF DISRUPTIONS IN ADOPTIVE HOMES.

(b) (I)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT IS AUTHORIZED TO ACCEPT AND EXPEND ON BEHALF OF THE STATE ANY FUNDS, GRANTS, GIFTS, OR DONATIONS FROM ANY PRIVATE OR PUBLIC SOURCE FOR THE PURPOSE OF IMPLEMENTING THIS SECTION; EXCEPT THAT NO GIFT, GRANT, OR DONATION SHALL BE ACCEPTED IF THE CONDITIONS ATTACHED THERETO REQUIRE THE EXPENDITURE THEREOF IN A MANNER CONTRARY TO LAW.

(II)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT IS AUTHORIZED TO APPLY FOR A FEDERAL WAIVER, IF NECESSARY, TO AUTHORIZE THE USE OF FEDERAL GRANT MONEYS TO IMPLEMENT THIS SECTION.

(2)  THE DEPARTMENT SHALL MAKE A PRELIMINARY PROGRESS REPORT BY DECEMBER 31, 1999, AND IT SHALL MAKE A FINAL REPORT OF ITS FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS TO THE MEMBERS OF THE GENERAL ASSEMBLY NO LATER THAN DECEMBER 31, 2001.

SECTION 5. 19­5­205 (1) (b), Colorado Revised Statutes, is amended to read:

19­5­205.  Adoption decree of foreign country approved. (1) (b)  The petition shall contain all information required in section 19­5­207 (2); except that the court shall not require the petition to contain or be accompanied by the written consent described in section 19­5­207 (1), the written HOME STUDY report described in the introductory portion to section 19­5­207 (2) SECTION 19­5­207 (2) (a), the fees described in section 19­5­207 (6) 19­5­207.5 (4), or a written legal memorandum with specific references to the applicable law of the foreign country.

SECTION 6.  19­1­103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

19­1­103.  Definitions. As used in this title or in the specified portion of this title, unless the context otherwise requires:

(87.5)  "PUBLIC ADOPTION", AS USED IN PART 2 OF ARTICLE 5 OF THIS TITLE, MEANS AN ADOPTION INVOLVING A CHILD WHO IS IN THE LEGAL CUSTODY AND GUARDIANSHIP OF THE COUNTY DEPARTMENT OF SOCIAL SERVICES THAT HAS THE RIGHT TO CONSENT TO ADOPTION FOR THAT CHILD.

SECTION 7. Part 3 of article 1 of title 19, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

19­1­309.5. Adoptive family resource registry. LIMITATIONS CONCERNING THE ACCESSIBILITY TO INFORMATION ON THE ADOPTIVE FAMILY RESOURCE REGISTRY ARE SET FORTH IN SECTION 19­5­207.5 (5) (c).

SECTION 8.  19­5­208 (3), Colorado Revised Statutes, is amended to read:

19­5­208.  Petition for adoption. (3)  If the adoption placement is made by the county department of social services or a child placement agency, the information required in paragraphs (b) and (f) of subsection (2) of this section shall not be included in the petition but shall be transmitted to the court as part of the HOME STUDY report required in section 19­5­207.

SECTION 9.  26­7­104 (4), Colorado Revised Statutes, is amended to read:

26­7­104.  Administration. (4)  Notwithstanding the provisions of section 19­5­207 (5) SECTION 19­5­207.5 (4) (a) (III), C.R.S., any fees ordinarily assessed by the department for adoption investigations and HOME STUDY reports may be waived if such fee poses a barrier to the adoption.

SECTION 10.  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.".

_______________

On motion of Representative Dean, the House adjourned until 10:00 a.m., February 15, 1999.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk