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

One hundred-twentieth Legislative Day Wednesday, May 5, 1999

Prayer by Rabbi Yaakov Chaitovsky, BMH-BJ Congregation, 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 Chavez, Paschall--2.

Present after roll call--Representatives Chavez, Paschall.

The Speaker declared a quorum present.

_______________

On motion of Representative Tochtrop, the reading of the journal of May 4, 1999, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

APPROPRIATIONS

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

SB99-023 be postponed indefinitely.

SB99-084 be postponed indefinitely.

SJR99-036 be referred out for final action.

SJR99-050 be referred out for final action.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate voted to concur in House amendments to SB99-081 and repassed the bill as amended.

The Senate voted to reject the First Report of the First Conference Committee on HB99-1278, as printed in Senate Journal, May 4, and dissolved the Conference Committee. The Senate requests that a Second Conference Committee be appointed. The President appointed Senators Lamborn, Chm., Anderson, and Dyer as members of the Second Conference Committee on HB99-1278. The bill is transmitted herewith.

The Senate has adopted and returns herewith: HJR99-1042, amended as printed in Senate Journal, May 4.

The Senate has postponed indefinitely and returns herewith: HB99­1093.

Pursuant to Joint Rule 5, the Senate voted to adhere to its position on SB99-022.

______________

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title and laid over until later in the day:

HJR99-1061 by Representative Dean; also Senator Blickensderfer--Concerning the appointment of a joint committee to notify the Governor that the First Regular Session of the Sixty-second General Assembly is about to Adjourn Sine Die.

Be It Resolved by the House of Representatives of the Sixty­second General Assembly of the State of Colorado, the Senate concurring herein:

That a joint committee of five members, consisting of three members of the House of Representatives and two members of the Senate, be appointed, respectively, by the Speaker of the House of Representatives and the President of the Senate to notify the Honorable Bill Owens, Governor of the state of Colorado, that the First Regular Session of the Sixty­second General Assembly is about to adjourn sine die and to inquire if he has any communication to convey to the General Assembly in Joint Session.

_________

HJR99-1062 by Representatives Lawrence, Alexander, Chavez; also Senators Blickensderfer, Powers, Feeley--Concerning the retention of officers and employees of the First Regular Session of the Sixty-second General Assembly.

Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado, the Senate concurring herein:

(1)  That the Chief Clerk of the House of Representatives and the Secretary of the Senate remain in such capacity after adjournment of the General Assembly sine die until the convening of the Second Regular Session of the Sixty-second General Assembly on January 5, 2000.

(2)  That the Chairman of the House Services Committee, with the authorization of the Speaker of the House of Representatives, and the Chairman of the Senate Services Committee, with the authorization of the President of the Senate, are hereby separately authorized to retain such employees for such period of time in the interim between the First Regular Session of the Sixty-second General Assembly and the Second Regular Session of the Sixty-second General Assembly as they deem necessary for their respective houses; except that the office equipment of the General Assembly and the services of such employees shall be used only in connection with official legislative business.

(3)  That the officers named in subsection (1) of this resolution and the employees referred to in subsection (2) of this resolution shall be compensated for their service at the same rate paid to them during the First Regular Session of the Sixty-second General Assembly, as may be modified by any salary survey adjustments to become effective during the fiscal year beginning July 1, 1999, which are approved by the Speaker of the House of Representatives for officers and employees of the House of Representatives and the President of the Senate for officers and employees of the Senate. All such compensation shall be paid from moneys appropriated for such purposes by the Sixty-second General Assembly.

______________

CONSIDERATION OF RESOLUTION

HJR99-1036 by Representatives Mace, Chavez, Coleman, Gagliardi, Leyba, Nuñez, Tapia, Vigil, Allen, Clarke, Gotlieb, Larson, Lawrence, Miller, Mitchell, Morrison, Paschall, Ragsdale, Scott, Takis, Tate, Tochtrop, Tupa, Veiga, S. Williams, T. Williams, Zimmerman; also Senator Hernandez--Concerning the celebration of Cinco de Mayo.

(Printed and placed in member's files; also printed in House Journal April 15, pages 1227-1228.)

On motion of Representative Mace, the resolution was read at length and adopted by viva voce vote.

Co-sponsors added: Roll call of the House.

_______________

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.

SB99-232 by Senator Anderson; also Representatives Spradley, Dean--Concerning expenditures from the state historical fund.

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 65 NO 0 EXCUSED 0 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 Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Clapp, Kester, Larson, Lee, McElhany, Paschall, Smith, Stengel, Tupa, Webster.

SB99-214 by Senator Dennis; also Representative Johnson--Concerning the funding of the wildlife management public education advisory council, and, in connection therewith, making an appropriation.

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 56 NO 9 EXCUSED 0 ABSENT 0

Alexander Y

Allen N

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley N

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay Y

McPherson Y


Miller Y

Mitchell N

Morrison N

Nuñez Y

Paschall N

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Lawrence, McKay, Miller, Smith, Spradley, Stengel.

SB99-132 by Senator Anderson; also Representative Morrison--Concerning use of moneys received pursuant to the tobacco litigation settlement.

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 44 NO 21 EXCUSED 0 ABSENT 0

Alexander Y

Allen N

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley N

Hoppe N

Johnson Y

Kaufman Y

Keller Y

Kester Y

King N

Larson Y

Lawrence N

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson N


Miller Y

Mitchell N

Morrison Y

Nuñez N

Paschall Y

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair N

Smith Y

Spence Y

Spradley N

Stengel N

Swenson Y


Takis Y

Tapia N

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams, S. Y

Williams, T. N

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Bacon, Decker, Gordon, Hagedorn, Plant, S.Williams, Windels.

______________

NOTICE OF INTENT TO RECONSIDER SB99-132

Having voted on the prevailing side, Representative Paschall served notice of intent to reconsider the last House action (passage on Third Reading) on SB99-132.

_________

SB99-239 by Senators Lacy, Owen; also Representative Tool--Concerning an increase in the transfer of moneys from the general fund to the capital construction fund.

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 56 NO 9 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon YBerry 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 N

Lawrence Y

Lee N

Leyba Y

Mace Y

May N

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez N

Paschall N

Pfiffner Y

Plant Y

Ragsdale N

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil N

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsor added: Representative Lawrence.

______________

CONSIDERATION OF RESOLUTIONS

HJR99-1048 by Representatives Grossman, Kaufman--Concerning the federalization of state crimes.

Laid over until May 6. Resolution deemed lost.

SJR99-013 by Senators Dyer, Powers, Grampsas; also Representatives Larson, Alexander--Concerning naming the Division of Youth Correction Facility after Senator Robert E. DeNier.

(Printed and placed in member's bill files.)

On motion of Representative Larson, the resolution was read at length and adopted by viva voce vote.

Co-sponsors added: Representatives Coleman, Hoppe, Kaufman, Scott, Smith.

SJR99-038 by Senator Dyer; also Representative Larson--Concerning honoring Daries Charles "Chuck" Lile.

(Printed and placed in member's bill files.)

On motion of Representative Larson, the resolution was read at length and adopted by viva voce vote.

Co-sponsors added: Roll call of the House.

SJR99-045 by Senator Pascoe; also Representative Coleman--Concerning the encouragement of voluntary contributions by Coloradans in support of the national World War II memorial.

(Printed and placed in member's bill files.)

On motion of Representative Coleman, the resolution was read at length and adopted by viva voce vote.

Co-sponsors added: Roll call of the House.

_______________

CONSIDERATION OF MEMORIALS

SJM99-003 by Senator Musgrave; also Representative May--Memorializing congress to establish a block grant program for the distribution of federal highway moneys, to use a uniform measure when considering the donor and donee issue, to eliminate demonstration projects, and to expand activities to combat the evasion of federal highway taxes and fees.

(Printed and placed in member's bill files.)

On motion of Representative May, the memorial was adopted by viva voce vote.

Co-sponsors added: Representatives Hoppe, Kaufman, Kester, Larson, Lee, McElhany, Nuñez, Scott, Sinclair, Swenson, Taylor, T.Williams, Young.

SJM99-005 by Senator Powers; also Representative Dean--Memorializing the members of the congress of the United States to refrain from enacting any pay increase for members of Congress without an affirmative vote or that takes effect before the following Congress has been elected and fully sworn into office.

(Printed and placed in member's bill files.)

On motion of Representative Dean, the memorial was adopted by the following roll call vote:

YES 58 NO 6 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb YGrossman Y

Hagedorn Y


Hefley Y

Hoppe Y

Johnson Y

Kaufman E

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 Y

Pfiffner Y

Plant Y

Ragsdale N

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia Y

Tate Y

Taylor Y

Tochtrop N

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Allen, Fairbank, Hoppe, Johnson, Kester, King, Larson, Lawrence, Lee, Leyba, McKay, Miller, Mitchell, Nuñez, Spradley, Swenson, Veiga, Young, Mr. Speaker.

______________

CONSENT GRANTED TO CONFERENCE COMMITTEE

Representative Dean moved that the First Conference Committee on SB99-225 be granted permission to go beyond the scope of the difference between the House and the Senate. The motion was passed by the following roll call vote:

YES 62 NO 2 EXCUSED 1 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 E

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 Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and returns herewith: HJR99-1058.

The Senate has adopted the First Report of the First Conference Committee on HB99-1137, as printed in Senate Journal, May 4, pages 1165-1166, and repassed the bill as amended. The bill is returned herewith.

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on HB99-1137

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99­1137, concerning an exclusion of certain income from Colorado taxable income, and, in connection therewith, excluding certain interest income, dividend income, and net capital gains from the income tax imposed on individuals, estates, and trusts, has met and reports that it has agreed upon the following:

1. That the House accede to the Senate amendments made to the bill, as said amendments appear in the rerevised bill.

2. That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendment be recommended:

Amend rerevised bill, page 1, line 7, strike "FOR" and substitute "SUBJECT TO THE PROVISIONS OF SUBPARAGRAPHS (III) TO (V) OF THIS PARAGRAPH (j), FOR".

Page 2, after line 26, insert the following:

"(III)  IF, BASED ON THE FINANCIAL REPORT PREPARED BY THE CONTROLLER IN ACCORDANCE WITH SECTION 24­77­106.5, C.R.S., THE CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR ANY STATE FISCAL YEAR COMMENCING ON OR AFTER JULY 1, 1999, EXCEEDS THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION FOR THAT FISCAL YEAR BY LESS THAN TWO HUNDRED TWENTY MILLION DOLLARS, AS ADJUSTED PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH (j), THEN THE STATE INCOME TAX MODIFICATION AUTHORIZED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH (j) SHALL NOT BE ALLOWED FOR THE INCOME TAX YEAR IN WHICH SAID STATE FISCAL YEAR ENDED.

(IV) (A)  NO LATER THAN OCTOBER 1 OF ANY GIVEN CALENDAR YEAR COMMENCING ON OR AFTER JANUARY 1, 2000, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL ANNUALLY ADJUST THE DOLLAR AMOUNT SPECIFIED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH (j) TO REFLECT THE RATE OF GROWTH OF COLORADO PERSONAL INCOME FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE CALENDAR YEAR IN WHICH SUCH ADJUSTMENT IS MADE. FOR PURPOSES OF THIS SUB­SUBPARAGRAPH (A),"THE RATE OF GROWTH OF COLORADO PERSONAL INCOME" MEANS THE PERCENTAGE CHANGE BETWEEN THE MOST RECENT PUBLISHED ANNUAL ESTIMATE OF TOTAL PERSONAL INCOME FOR COLORADO, AS DEFINED AND OFFICIALLY REPORTED BY THE BUREAU OF ECONOMIC ANALYSIS IN THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE CALENDAR YEAR IN WHICH THE ADJUSTMENT IS MADE AND THE MOST RECENT PUBLISHED ANNUAL ESTIMATE OF TOTAL PERSONAL INCOME FOR COLORADO, AS DEFINED AND OFFICIALLY REPORTED BY THE BUREAU OF ECONOMIC ANALYSIS IN THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE CALENDAR YEAR PRIOR TO THE CALENDAR YEAR IMMEDIATELY PRECEDING THE CALENDAR YEAR IN WHICH THE ADJUSTMENT IS MADE.

(B)  UPON CALCULATING THE ADJUSTMENT OF SAID DOLLAR AMOUNT IN ACCORDANCE WITH SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (IV), THE EXECUTIVE DIRECTOR SHALL NOTIFY IN WRITING THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL CREATED PURSUANT TO SECTION 2­3­301 (1), C.R.S., OF THE ADJUSTED DOLLAR AMOUNT AND THE BASIS FOR THE ADJUSTMENT. SUCH WRITTEN NOTIFICATION SHALL BE GIVEN WITHIN FIVE WORKING DAYS AFTER SUCH CALCULATION IS COMPLETED, BUT SUCH WRITTEN NOTIFICATION SHALL BE GIVEN NO LATER THAN OCTOBER 1 OF THE CALENDAR YEAR.

(C)  IT IS THE FUNCTION OF THE EXECUTIVE COMMITTEE TO REVIEW AND APPROVE OR DISAPPROVE SUCH ADJUSTMENT OF SAID DOLLAR AMOUNT WITHIN TWENTY DAYS AFTER RECEIPT OF SUCH WRITTEN NOTIFICATION FROM THE EXECUTIVE DIRECTOR. ANY ADJUSTMENT THAT IS NOT APPROVED OR DISAPPROVED BY THE EXECUTIVE COMMITTEE WITHIN SAID TWENTY DAYS SHALL BE AUTOMATICALLY APPROVED; EXCEPT THAT, IF WITHIN SAID TWENTY DAYS THE EXECUTIVE COMMITTEE SCHEDULES A HEARING ON SUCH ADJUSTMENT, SUCH AUTOMATIC APPROVAL SHALL NOT OCCUR UNLESS THE EXECUTIVE COMMITTEE DOES NOT APPROVE OR DISAPPROVE SUCH ADJUSTMENT AFTER THE CONCLUSION OF SUCH HEARING. ANY HEARING CONDUCTED BY THE EXECUTIVE COMMITTEE PURSUANT TO THIS SUB­SUBPARAGRAPH (C) SHALL BE CONCLUDED NO LATER THAN TWENTY­FIVE DAYS AFTER RECEIPT OF SUCH WRITTEN NOTIFICATION FROM THE EXECUTIVE DIRECTOR.

(D)  IF THE EXECUTIVE COMMITTEE DISAPPROVES ANY ADJUSTMENT OF SAID DOLLAR AMOUNT CALCULATED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS SUBPARAGRAPH (IV), THE EXECUTIVE COMMITTEE SHALL SPECIFY SUCH ADJUSTED DOLLAR AMOUNT TO BE UTILIZED BY THE EXECUTIVE DIRECTOR. ANY ADJUSTED DOLLAR AMOUNT SPECIFIED BY THE EXECUTIVE COMMITTEE PURSUANT TO THIS SUB­SUBPARAGRAPH (D) SHALL BE CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (IV).

(E)  FOR THE PURPOSE OF DETERMINING WHETHER THE STATE INCOME TAX MODIFICATION AUTHORIZED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH (j) IS TO BE ALLOWED IN ANY GIVEN TAX YEAR, THE EXECUTIVE DIRECTOR SHALL NOT UTILIZE ANY ADJUSTED DOLLAR AMOUNT THAT HAS NOT BEEN APPROVED PURSUANT TO SUB­SUBPARAGRAPH (C) OF THIS SUBPARAGRAPH (IV) OR OTHERWISE SPECIFIED PURSUANT TO SUB­SUBPARAGRAPH (D) OF THIS SUBPARAGRAPH (IV).".

Page 3, line 1, strike "(III)" and substitute "(V)";

strike lines 7 through 11 and substitute the following:

"DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL NOT DETERMINE WHETHER THE STATE INCOME TAX MODIFICATION AUTHORIZED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH (j) SHALL BE ALLOWED AND SHALL NOT PROMULGATE RULES CONTAINING SAID STATE INCOME TAX MODIFICATION UNTIL THE IMPACT OF THE RESULTS OF SAID ELECTION ON THE AMOUNT OF THE EXCESS STATE REVENUES TO BE REFUNDED IS ASCERTAINED.

(VI)  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT THE STATE INCOME TAX MODIFICATION AUTHORIZED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH (j) IS A REASONABLE METHOD OF REFUNDING A PORTION OF THE EXCESS STATE REVENUES REQUIRED TO BE REFUNDED IN ACCORDANCE WITH SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION.".

Respectfully submitted,

House Committee: Senate Committee:

Jack Taylor Tom Blickensderfer

Gary McPherson Ronald Teck

Carl Miller Rob Hernandez

______________

CONSIDERATION OF CONFERENCE COMMITTEE REPORT

HB99-1137 by Representative Taylor; also Senator Blickensderfer--Concerning an exclusion of certain income from Colorado taxable income, and, in connection therewith, excluding certain interest income, dividend income, and net capital gains from the income tax imposed on individuals, estates, and trusts.

(Conference Committee Report printed in House Journal, May 5, pages 1785-1787.)

The Conference Committee Report was adopted by the following roll call vote:

YES 65 NO 0 EXCUSED 0 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 Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The question being "Shall the bill, as amended, 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, as amended, was declared repassed.

YES 65 NO 0 EXCUSED 0 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 Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Keller, Tool, S.Williams.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes:

HB99-1382, amended as printed in Senate Journal, May 4, pages 1179­1180.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, HB99-1382.

_______________

CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILL

HB99-1382 by Representative Young; also Senator Anderson--Concerning the authority of governmental entities to negotiate rail projects, and making an appropriation therefor.

(Amended as printed in Senate Journal, May 4, pages 1179­1180.)

Representative Young moved that the House concur in Senate amendments. The motion was declared passed by the following roll call vote:

YES 65 NO 0 EXCUSED 0 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 Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The question being, "Shall the bill, as amended, 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, as amended, was declared repassed.

YES 36 NO 29 EXCUSED 0 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 Y

Hagedorn Y


Hefley N

Hoppe Y

Johnson Y

Kaufman Y

Keller N

Kester Y

King N

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace Y

May Y

McElhany N

McKay N

McPherson N


Miller Y

Mitchell Y

Morrison N

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale N

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. Y

Williams, T. Y

Windels N

Witwer N

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Larson, Miller, Paschall, Scott, Sinclair, S.Williams.

________________

IMMEDIATE RECONSIDERATION OF HB99-1382

Having voted on the prevailing side, Representative Dean moved for immediate reconsideration of HB99-1382. As shown by the following recorded vote less than a majority of those elected to the House voted in the affirmative and the motion was declared lost:

YES 26 NO 39 EXCUSED 0 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry N

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb N

Grossman N

Hagedorn N


Hefley Y

Hoppe N

Johnson N

Kaufman N

Keller N

Kester N

King Y

Larson N

Lawrence N

Lee N

Leyba Y

Mace N

May N

McElhany Y

McKay Y

McPherson N


Miller N

Mitchell N

Morrison N

Nuñez Y

Paschall N

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair N

Smith N

Spence N

Spradley N

Stengel N

Swenson N


Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool N

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams, S. N

Williams, T. N

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker N

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted the First Report of the First Conference Committee on HB99-1311, as printed in Senate Journal, May 4, pages 1166-1169, and repassed the bill as amended. The bill is returned herewith.

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on HB99-1311

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99­1311, concerning the refunding of state revenues in excess of the constitutional limitation on state fiscal year spending by means of a credit against state taxes, and making an appropriation therefor, has met and reports that it has agreed upon the following:

1.  That the House accede to the Senate amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 5, strike lines 20 through 24 and substitute the following:

"(3)  SUBJECT TO THE PROVISIONS OF SUBSECTION (8) OF THIS SECTION, FOR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 1998, IF, BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH SECTION 24­77­106.5, C.R.S., THE CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR SAID FISCAL YEAR EXCEEDED THE LIMITATION ON STATE FISCAL YEAR SPENDING".

Page 6, line 24, strike "(5) THE" and substitute "(5) (a)  EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (5), THE".

Page 7, line 4, strike "AUGUST" and substitute "JANUARY";

line 8, strike "AUGUST" and substitute "JANUARY";

after line 9, insert the following:

"(b)  IF THE REVENUE ESTIMATE PREPARED BY THE STAFF OF THE LEGISLATIVE COUNCIL IN JUNE, 1999, INDICATES THAT THE AMOUNT OF STATE REVENUES WILL EXCEED THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION FOR THE FISCAL YEAR COMMENCING ON JULY 1, 1998, THEN THE CREDIT AGAINST STATE TAXES THAT MAY BE ALLOWED IN THE STATE FISCAL YEAR COMMENCING ON JULY 1, 1999, SHALL BE CLAIMED BY A QUALIFIED TAXPAYER BY TIMELY FILING A FORM PRESCRIBED BY THE DEPARTMENT OF REVENUE AND PROOF OF PAYMENT OF AGGREGATE PERSONAL PROPERTY TAXES PAID BY THE QUALIFIED TAXPAYER TO ALL TAXING JURISDICTIONS IN THE STATE FISCAL YEAR COMMENCING ON JULY 1, 1998, WITH THE DEPARTMENT OF REVENUE NO LATER THAN AUGUST 31, 1999. IF THE CREDIT AGAINST STATE TAXES IS ALLOWED IN THE STATE FISCAL YEAR COMMENCING ON JULY 1, 1999, IN ACCORDANCE WITH SUBSECTION (8) OF THIS SECTION, IN NO EVENT SHALL THE CREDIT AGAINST STATE TAXES CLAIMED BY A QUALIFIED TAXPAYER BE ALLOWED IF SAID FORM AND PROOF OF PAYMENT IS FILED AFTER AUGUST 31, 1999.";

strike lines 18 through 26.

Page 8, strike lines 1 through 6 and substitute the following:

"(8) (a)  IF, BASED ON THE FINANCIAL REPORT PREPARED BY THE CONTROLLER IN ACCORDANCE WITH SECTION 24­77­106.5, C.R.S., THE CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 1998, EXCEEDS THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION FOR THAT FISCAL YEAR BY LESS THAN ONE HUNDRED SEVENTY MILLION DOLLARS, THEN THE CREDIT AUTHORIZED BY SUBSECTION (3) OF THIS SECTION SHALL NOT BE ALLOWED IN THE STATE FISCAL YEAR COMMENCING ON JULY 1, 1999.

(b)  IF, BASED ON THE FINANCIAL REPORT PREPARED BY THE CONTROLLER IN ACCORDANCE WITH SECTION 24­77­106.5, C.R.S., THE CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR ANY STATE FISCAL YEAR COMMENCING ON OR AFTER JULY 1, 1999, EXCEEDS THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION FOR THAT FISCAL YEAR BY LESS THAN ONE HUNDRED SEVENTY MILLION DOLLARS, AS ADJUSTED PURSUANT TO PARAGRAPH (c) OF THIS SUBSECTION (8), THEN THE CREDIT AUTHORIZED BY SUBSECTION (3) OF THIS SECTION SHALL NOT BE ALLOWED IN THE IMMEDIATELY FOLLOWING STATE FISCAL YEAR.

(c) (I)  NO LATER THAN OCTOBER 1 OF ANY GIVEN CALENDAR YEAR COMMENCING ON OR AFTER JANUARY 1, 2000, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL ANNUALLY ADJUST THE DOLLAR AMOUNT SPECIFIED IN PARAGRAPH (b) OF THIS SUBSECTION (8) TO REFLECT THE RATE OF GROWTH OF COLORADO PERSONAL INCOME FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE CALENDAR YEAR IN WHICH SUCH ADJUSTMENT IS MADE. FOR PURPOSES OF THIS SUBPARAGRAPH (I),"THE RATE OF GROWTH OF COLORADO PERSONAL INCOME" MEANS THE PERCENTAGE CHANGE BETWEEN THE MOST RECENT PUBLISHED ANNUAL ESTIMATE OF TOTAL PERSONAL INCOME FOR COLORADO, AS DEFINED AND OFFICIALLY REPORTED BY THE BUREAU OF ECONOMIC ANALYSIS IN THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE CALENDAR YEAR IN WHICH THE ADJUSTMENT IS MADE AND THE MOST RECENT PUBLISHED ANNUAL ESTIMATE OF TOTAL PERSONAL INCOME FOR COLORADO, AS DEFINED AND OFFICIALLY REPORTED BY THE BUREAU OF ECONOMIC ANALYSIS IN THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE CALENDAR YEAR PRIOR TO THE CALENDAR YEAR IMMEDIATELY PRECEDING THE CALENDAR YEAR IN WHICH THE ADJUSTMENT IS MADE.

(II)  UPON CALCULATING THE ADJUSTMENT OF SAID DOLLAR AMOUNT IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH (c), THE EXECUTIVE DIRECTOR SHALL NOTIFY IN WRITING THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL CREATED PURSUANT TO SECTION 2­3­301 (1), C.R.S., OF THE ADJUSTED DOLLAR AMOUNT AND THE BASIS FOR THE ADJUSTMENT. SUCH WRITTEN NOTIFICATION SHALL BE GIVEN WITHIN FIVE WORKING DAYS AFTER SUCH CALCULATION IS COMPLETED, BUT SUCH WRITTEN NOTIFICATION SHALL BE GIVEN NO LATER THAN OCTOBER 1 OF THE CALENDAR YEAR.

(III)  IT IS THE FUNCTION OF THE EXECUTIVE COMMITTEE TO REVIEW AND APPROVE OR DISAPPROVE SUCH ADJUSTMENT OF SAID DOLLAR AMOUNT WITHIN TWENTY DAYS AFTER RECEIPT OF SUCH WRITTEN NOTIFICATION FROM THE EXECUTIVE DIRECTOR. ANY ADJUSTMENT THAT IS NOT APPROVED OR DISAPPROVED BY THE EXECUTIVE COMMITTEE WITHIN SAID TWENTY DAYS SHALL BE AUTOMATICALLY APPROVED; EXCEPT THAT, IF WITHIN SAID TWENTY DAYS THE EXECUTIVE COMMITTEE SCHEDULES A HEARING ON SUCH ADJUSTMENT, SUCH AUTOMATIC APPROVAL SHALL NOT OCCUR UNLESS THE EXECUTIVE COMMITTEE DOES NOT APPROVE OR DISAPPROVE SUCH ADJUSTMENT AFTER THE CONCLUSION OF SUCH HEARING. ANY HEARING CONDUCTED BY THE EXECUTIVE COMMITTEE PURSUANT TO THIS SUBPARAGRAPH (III) SHALL BE CONCLUDED NO LATER THAN TWENTY­FIVE DAYS AFTER RECEIPT OF SUCH WRITTEN NOTIFICATION FROM THE EXECUTIVE DIRECTOR.

(IV) (A)  IF THE EXECUTIVE COMMITTEE DISAPPROVES ANY ADJUSTMENT OF SAID DOLLAR AMOUNT CALCULATED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PARAGRAPH (c), THE EXECUTIVE COMMITTEE SHALL SPECIFY SUCH ADJUSTED DOLLAR AMOUNT TO BE UTILIZED BY THE EXECUTIVE DIRECTOR. ANY ADJUSTED DOLLAR AMOUNT SPECIFIED BY THE EXECUTIVE COMMITTEE PURSUANT TO THIS SUB­SUBPARAGRAPH (A) SHALL BE CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH (c).

(B)  FOR THE PURPOSE OF DETERMINING WHETHER THE CREDIT AUTHORIZED BY SUBSECTION (3) OF THIS SECTION IS TO BE ALLOWED IN ANY GIVEN STATE FISCAL YEAR, THE EXECUTIVE DIRECTOR SHALL NOT UTILIZE ANY ADJUSTED DOLLAR AMOUNT THAT HAS NOT BEEN APPROVED PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH (c) OR OTHERWISE SPECIFIED PURSUANT TO SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (IV).

(V)  IF ONE OR MORE BALLOT QUESTIONS ARE SUBMITTED TO THE VOTERS AT A STATEWIDE ELECTION TO BE HELD IN NOVEMBER OF ANY CALENDAR YEAR COMMENCING ON OR AFTER JANUARY 1, 1999, THAT SEEK AUTHORIZATION FOR THE STATE TO RETAIN AND SPEND ALL OR ANY PORTION OF THE AMOUNT OF EXCESS REVENUES FOR THE STATE FISCAL YEAR ENDING DURING SAID CALENDAR YEAR, THE EXECUTIVE DIRECTOR SHALL NOT DETERMINE WHETHER THE CREDIT AUTHORIZED BY SUBSECTION (3) OF THIS SECTION SHALL BE ALLOWED AND SHALL NOT PROMULGATE RULES CONTAINING SAID CREDIT UNTIL THE IMPACT OF THE RESULTS OF SAID ELECTION ON THE AMOUNT OF THE EXCESS STATE REVENUES TO BE REFUNDED IS ASCERTAINED.";

after line 9, insert the following:

"SECTION 2.  24­77­106.5, Colorado Revised Statutes, is amended to read:

24­77­106.5.  Annual financial report ­ certification of state excess revenues. (1) (a)  For each fiscal year, the controller shall prepare a financial report for the state for purposes of ascertaining compliance with the provisions of this article. Any financial report prepared pursuant to this section shall include, but shall not be limited to, state fiscal year spending, reserves, revenues, and debt. Such financial report shall be audited by the state auditor.

(b)  BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH PARAGRAPH (a) OF THIS SUBSECTION (1) FOR ANY GIVEN FISCAL YEAR, THE CONTROLLER SHALL CERTIFY TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE NO LATER THAN SEPTEMBER 1 FOLLOWING THE END OF A FISCAL YEAR THE AMOUNT OF STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION, IF ANY, FOR SUCH FISCAL YEAR.

(2)  ANY FINANCIAL REPORT PREPARED AND CERTIFICATION OF STATE EXCESS REVENUES MADE PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL BE AUDITED BY THE STATE AUDITOR. NO LATER THAN SEPTEMBER 15 FOLLOWING THE CERTIFICATION MADE BY THE STATE CONTROLLER FOR ANY GIVEN FISCAL YEAR, THE STATE AUDITOR SHALL REPORT AND TRANSMIT TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE THE RESULTS OF ANY AUDIT CONDUCTED IN ACCORDANCE WITH THIS SUBSECTION (2).

(2) (3)  Notwithstanding any generally accepted accounting principles to the contrary, financial reports prepared pursuant to subsection (1) of this section shall not include any unrealized gains or losses on investments held by the state.".

Renumber succeeding sections accordingly.

2.  That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendment be recommended:

Page 3, line 25, after "REFUND", insert "A PORTION OF THE".

Page 4, line 19, after "REFUNDING", insert "A PORTION OF THE".

Page 5, line 25, after "CONSTITUTION", insert "FOR SAID FISCAL YEAR".

Page 8, before line 12, insert the following:

"SECTION 3.  Article 77 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

24­77­103.7.  Refunds of excess state revenues.  IF, THROUGH ONE OR MORE MECHANISMS UTILIZED PURSUANT TO LAW TO REFUND STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING FOR ANY GIVEN FISCAL YEAR, THE AMOUNT OF STATE REVENUES ACTUALLY REFUNDED DURING ANY GIVEN FISCAL YEAR EXCEEDS THE AMOUNT OF STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING FOR THE IMMEDIATELY PRECEDING FISCAL YEAR REQUIRED TO BE REFUNDED, AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE AMOUNT OF STATE REVENUES ACTUALLY REFUNDED AND THE AMOUNT OF STATE REVENUES FROM THE IMMEDIATELY PRECEDING FISCAL YEAR REQUIRED TO BE REFUNDED SHALL BE A REFUND OF STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING FOR THE FISCAL YEAR IN WHICH SAID STATE REVENUES WERE REFUNDED.".

Renumber succeeding sections accordingly.

Respectfully submitted,

House Committee: Senate Committee:

Lola Spradley Dave Owens

Gary McPherson Ronald Teck

Todd Saliman Terry Phillips

______________

CONSIDERATION OF CONFERENCE COMMITTEE REPORT

HB99-1311 by Representatives Spradley, McPherson, Dean, Kester, Larson, Lee, May, McKay, Pfiffner, Spence, Stengel, Williams T., Witwer; also Senator Owen--Concerning the refunding of state revenues in excess of the constitutional limitation on state fiscal year spending by means of a credit against state taxes, and making an appropriation therefor.

(Conference Committee Report printed in House Journal, May 5, pages 1790-1794.)

The Conference Committee Report was adopted by the following roll call vote:

YES 63 NO 2 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry N

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 Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith N

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The question being "Shall the bill, as amended, 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, as amended, was declared repassed.

YES 62 NO 3 EXCUSED 0 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry N

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 N

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith N

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Allen, Clapp, Decker, Gagliardi, Hoppe, Kaufman, King, Ragsdale, Sinclair, Tool, Webster, S.Williams, Young.

______________

INTRODUCTION AND CONSIDERATION OF RESOLUTION

The following resolution was read by title and given immediate consideration:

HJR99-1063 by Representative Dean; also Senator Blickensderfer--Concerning the adjournment Sine Die of the First Regular Session of the Sixty-second General Assembly.

Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado, the Senate concurring herein:

That when the First Regular Session of the Sixty-second General Assembly adjourns on May 5, 1999, it shall stand adjourned sine die.

On motion of Representative Dean, the resolution was given immediate consideration and adopted by the following roll call vote:

YES 63 NO 2 EXCUSED 0 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 N

Paschall N

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Kaufman, Ragsdale.

________________

IMMEDIATE RECONSIDERATION OF SB99-132

Representative Dean moved for immediate reconsideration of SB99-132.

_______________

House in recess. House reconvened.

_______________

As shown by the following recorded vote less than a majority of those elected to the House voted in the affirmative and the motion was declared lost:

YES 12 NO 49 EXCUSED 1 ABSENT 3

Alexander N

Allen N

Bacon N

Berry N

Chavez ­

Clapp N

Clarke N

Coleman N

Dean N

Decker N

Fairbank N

Gagliardi N

Gordon N

Gotlieb N

Grossman N

Hagedorn N


Hefley Y

Hoppe N

Johnson N

Kaufman N

Keller ­

Kester N

King Y

Larson N

Lawrence Y

Lee N

Leyba N

Mace E

May Y

McElhany Y

McKay Y

McPherson Y


Miller N

Mitchell Y

Morrison N

Nuñez Y

Paschall ­

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Scott N

Sinclair N

Smith N

Spence N

Spradley Y

Stengel Y

Swenson N


Takis N

Tapia N

Tate N

Taylor N

Tochtrop N

Tool N

Tupa N

Veiga N

Vigil N

Webster N

Williams, S. N

Williams, T. N

Windels N

Witwer N

Young N

Zimmerman N

Mr. Speaker N

_______________

CONSIDERATION OF SENATE AMENDMENTS

TO HOUSE RESOLUTION

HJR99-1042 by Representative Tool; also Senator Wham--Concerning creation of an interim committee to study the treatment of persons with mental illness who are involved in the criminal justice system.

(Amended as printed in Senate Journal, May 4.)

Representative Tool moved that the House concur in Senate amendments. The motion was declared passed by the following roll call vote:

YES 60 NO 3 EXCUSED 1 ABSENT 1

Alexander Y

Allen Y

Bacon N

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

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 ­

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace E

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The question being, "Shall the resolution, as amended, be adopted?".

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 resolution, as amended, was declared readopted.

YES 59 NO 4 EXCUSED 1 ABSENT 1

Alexander Y

Allen Y

Bacon N

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

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 N

Mace E

May ­

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa N

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Scott, Veiga, Mr. Speaker.

_______________

HOUSE RECEDES ON SJR99-046

SJR99-046 by Senators Sullivant, Andrews, Chlouber, Dennis, Dyer, Evans, Feeley, Linkhart, Matsunaka, Owen, Pascoe, Perlmutter, Phillips, Rupert, Teck, Wattenberg, Weddig, Wham; also Representatives George, Plant, Scott, Witwer, Decker, Gordon, Grossman, Johnson, Kaufman, Lee, McKay, Morrison, Paschall, Ragsdale, Saliman, Spence, Swenson, Tapia, Tate, Tochtrop, Tool, Tupa, Vigil, Zimmerman--Concerning an interim study on development and growth.

(Senate adhered to its position. House amendments printed in House Journal April 29, page 1560-1561.)

Representative George moved that the House recede from its position on SJR99-046. The motion was declared passed by the following roll call vote:

YES 47 NO 17 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp NClarke Y

Coleman Y

Dean Y

Decker N

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley Y

Hoppe N

Johnson N

Kaufman Y

Keller Y

Kester Y

King N

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace E

May N

McElhany N

McKay N

McPherson N


Miller Y

Mitchell Y

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence N

Spradley N

Stengel N

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker Y

On motion of Representative George, the resolution was readopted by the following roll call vote:

YES 49 NO 15 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp N

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 N

Kaufman Y

Keller Y

Kester Y

King N

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace E

May N

McElhany N

McKay N

McPherson N


Miller Y

Mitchell N

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence N

Spradley N

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Clarke, Fairbank, Gagliardi, Gordon, Keller, Leyba, Stengel, Takis, Tate.

Representatives Johnson, McKay, Paschall, Spence requested their names be removed as sponsors.

_______________

REQUEST FOR SECOND CONFERENCE COMMITTEE

FOR HB99-1278

HB99-1278 by Representative Williams T.; also Senator Lamborn--Concerning administrative hearings in workers' compensation cases conducted by administrative law judges, and making an appropriation in connection therewith.

Under Joint Rule 6(b)(4) Representative T.Williams moved that the House reject the Conference Committee Report, discharge the First Conference Committee for HB99-1278, that a Second Conference

Committee be appointed. The motion was declared passed by the following roll call vote:

YES 45 NO 17 EXCUSED 0 ABSENT 3

Alexander Y

Allen Y

Bacon N

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman ­

Dean Y

Decker Y

Fairbank ­

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 N

Mace N

May ­

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa N

Veiga Y

Vigil Y

Webster Y

Williams, S. N

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

The first Conference Committee was discharged and the Speaker appointed Representatives T.Williams Chairman, Larson and Veiga as House conferees to the Second Conference Committee.

_______________

House in recess. House reconvened.

______________

DELIVERY OF BILL TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bill has been delivered to the Office of the Governor: HB99-1325 at 1:30 p.m. on May 5, 1999.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has adopted the First Report of the First Conference Committee on SB99-088, as printed in Senate Journal, May 4, page 1177, and repassed the bill as amended.

The Senate has adopted the First Report of the First Conference Committee on SB99-154, as printed in Senate Journal, May 5, and repassed the bill as amended.

_________

The Senate granted permission to members of the First Conference Committee on SB99-225 to consider matters not at issue between the two houses.

The Senate has adopted and returns herewith: HJR99-1016, 1019, 1020, 1023, 1030, 1031, 1032, 1035, 1037, 1038, 1041, 1043, 1044, 1046, 1047, 1049, 1051, 1053, 1055, and 1057.

The Senate has voted not to concur in House Amendments to SB99-132 and requests that a Conference Committee be appointed. The President appointed Senators Andrews, Chm., Wham, and Reeves as members of the First Conference Committee on the part of the Senate. The bill is transmitted herewith. The Senate granted permission to members of the First Conference Committee on SB99-132 to consider matters not at issue between the two houses.

The Senate voted to concur in House amendments to SB99-214, and repassed the bill as amended.

_______________

APPOINTMENTS TO CONFERENCE COMMITTEE

Pursuant to a request from the Senate, the Speaker Pro Tempore appointed Representatives Morrison, Chairman, Berry and Saliman as House conferees to the First Conference Committee on SB99-132.

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on SB99-225

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99­225, concerning vacancies in candidacies for elective office, has met and reports that it has agreed upon the following:

1. That the Senate accede to the House amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 6, line 2, strike "TEN" and substitute "SEVEN";

line 4, strike "TEN" and substitute "SEVEN".

Page 12, line 20, strike "TEN" and substitute "SEVEN";

line 22, strike "TEN" and substitute "SEVEN".

2. That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendment be recommended:

Amend rerevised bill, page 14, after line 18, insert the following:

"SECTION 5.  1­4­1001 (1), Colorado Revised Statutes, is amended to read:

1­4­1001.  Withdrawal from candidacy. (1)  Any person who has accepted a designation or nomination may withdraw from candidacy at any time by filing a letter of withdrawal. The letter shall be signed and acknowledged by the candidate before some officer authorized to take acknowledgments and shall be filed with the designated election official with whom the original certificate or petition of candidacy was filed. EXCEPT IN THE CASE OF A VACANCY TO BE FILLED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1­4­1002 (2.5), in the event that the withdrawal of candidacy is not made in time for the candidate's name to be taken off the ballot, any votes cast for the candidate shall be deemed invalid and will not be counted.".

Renumber succeeding section accordingly.

Page 14, line 22, strike "and 4" and substitute "4, and 5".

Page 15, line 6, strike "and 4" and substitute "4, and 5".

Respectfully submitted,

Senate Committee: House Committee:

Norma Anderson Marcy Morrison

MaryAnne Tebedo Bob Hagedorn

Jim Dyer Doug Dean

_______________

House in recess. House reconvened.

_______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1382; SB99-020, 034, 096, 116, 117, 169, 217, 219; SJR99-029, 031, 032, 034.

______________

DELIVERY OF BILL TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bill has have been delivered to the Office of the Governor: HB99-1382 at 2:45 p.m. on May 5, 1999.

______________

CONSIDERATION OF CONFERENCE COMMITTEE REPORT

SB99-225 by Senators Anderson, Powers; also Representative Morrison--Concerning vacancies in candidacies for elective office.

(Conference Committee Report printed in House Journal, May 5, pages 1801-1802.)

The Conference Committee Report was adopted by the following roll call vote:

YES 61 NO 1 EXCUSED 3 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry E

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 E

Nuñez Y

Paschall N

Pfiffner Y

Plant Y

Ragsdale Y

Saliman E

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The question being "Shall the bill, as amended, 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, as amended, was declared repassed.

YES 62 NO 2 EXCUSED 1 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 E

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 Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Kaufman, Young, Mr. Speaker.

_______________

CHANGE IN SPONSORSHIP

The Speaker announced that Representative Dean replaced Representative Morrison as House sponsor on SB99-225.

______________

CONSIDERATION OF RESOLUTIONS

HJR99-1062 by Representatives Lawrence, Alexander, Chavez; also Senators Blickensderfer, Powers, Feeley--Concerning the retention of officers and employees of the First Regular Session of the Sixty-second General Assembly.

(Printed in House Journal May 5, pages 1778-1779.)

On motion of Representative Lawrence, the resolution was adopted by the following roll call vote:

YES 62 NO 0 EXCUSED 3 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry E

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 E

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman E

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Dean, Kaufman, Young, Mr. Speaker.

HJR99-1061 by Representative Dean; also Senator Blickensderfer--Concerning the appointment of a joint committee to notify the Governor that the First Regular Session of the Sixty-second General Assembly is about to Adjourn Sine Die.

(Printed in House Journal May 5, page 1778.)

On motion of Representative Dean, the resolution was adopted by the following roll call vote:

YES 62 NO 0 EXCUSED 3 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry E

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker YFairbank 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 E

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman E

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Hoppe, Kaufman, Spence, Spradley.

The Speaker appointed Representatives Kaufman, Dean, Gordon pursuant to the resolution.

______________

CONSENT GRANTED TO CONFERENCE COMMITTEE

Representative Dean moved that the First Conference Committee on SB99-132 be granted permission to go beyond the scope of the difference between the House and the Senate. The motion was passed by the following roll call vote:

YES 44 NO 18 EXCUSED 3 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry E

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 N

Johnson N

Kaufman Y

Keller N

Kester Y

King N

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson N


Miller Y

Mitchell N

Morrison E

Nuñez Y

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman E

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley N

Stengel N

Swenson Y


Takis Y

Tapia N

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

______________

MESSAGE FROM THE GOVERNOR

I certify I received the following on the 5th day of May, 1999, at 3:40 p.m. The original is on file in the records of the House of Representatives of the General Assembly.

Judith Rodrigue,

Chief Clerk of the House

May 5, 1999

To the Honorable

House of Representatives

Sixty-second General Assembly

First Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Act:

HB99-1382 Concerning the Authority of Governmental Entities to Negotiate Rail Projects, and Making an Appropriation Therefor.

Approved May 5, 1999 at 3:07 p.m.

Sincerely,

(signed)

Bill Owens

Governor

______________

CONSIDERATION OF RESOLUTIONS

HJR99-1054 by Representative Tupa; also Senator Feeley--Concerning the general Assembly's commitment and support of local control and home rule.

(Printed and placed in member's files; also printed in House Journal April 15, pages 1282-1283.)

Amendment No. 1, by Representative Tupa.

Amend printed joint resolution, page 1, line 18, strike "76" and substitute "78".

The amendment was declared passed by viva voce vote.

Representative Tupa moved for adoption of the resolution as amended.

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

YES 27 NO 32 EXCUSED 5 ABSENT 1

Alexander N

Allen N

Bacon Y

Berry E

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon YGotlieb N

Grossman Y

Hagedorn N


Hefley ­

Hoppe N

Johnson N

Kaufman N

Keller Y

Kester Y

King N

Larson N

Lawrence N

Lee N

Leyba Y

Mace Y

May E

McElhany N

McKay N

McPherson N


Miller Y

Mitchell N

Morrison E

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman E

Scott N

Sinclair N

Smith Y

Spence N

Spradley N

Stengel N

Swenson N


Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool E

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. N

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker N

________________

IMMEDIATE RECONSIDERATION OF HJR99-1054

Representative Dean moved for immediate reconsideration of HJR99­1054. As shown by the following recorded vote less than a majority of those elected to the House voted in the affirmative and the motion was declared lost:

YES 25 NO 34 EXCUSED 5 ABSENT 1

Alexander N

Allen N

Bacon Y

Berry E

Chavez Y

Clapp N

Clarke Y

Coleman ­

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb N

Grossman Y

Hagedorn N


Hefley N

Hoppe N

Johnson N

Kaufman N

Keller Y

Kester N

King N

Larson Y

Lawrence N

Lee N

Leyba Y

Mace Y

May E

McElhany N

McKay N

McPherson N


Miller Y

Mitchell N

Morrison E

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman E

Scott N

Sinclair N

Smith N

Spence N

Spradley N

Stengel N

Swenson N


Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool E

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. N

Windels Y

Witwer Y

Young N

Zimmerman Y

Mr. Speaker N

_______________

House in recess. House reconvened.

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on SB99-040

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99­040, concerning a statewide transportation policy, and, in connection therewith, developing improved intrastate commercial air service in Colorado, has met and reports that it has agreed upon the following:

That the Senate accede to the House amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 3, strike lines 17 through 26.

Page 4, strike lines 1 through 13.

Renumber succeeding sections accordingly.

Page 4, line 22, strike "twenty EIGHTY" and substitute "twenty".

Respectfully submitted,

Senate Committee: House Committee:

Jim Congrove Matt Smith

Tom Blickensderfer Ronny May

Bill Thiebaut Frana Mace

______________

CONSIDERATION OF CONFERENCE COMMITTEE REPORTS

SB99-040 by Senator Thiebaut; also Representative Smith--Concerning a statewide transportation policy, and, in connection therewith, developing improved intrastate commercial air service in Colorado.

(Conference Committee Report printed in House Journal, May 5, pages 1807-1808.)

The Conference Committee Report was adopted by the following roll call vote:

YES 62 NO 0 EXCUSED 3 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry E

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 E

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman E

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The question being "Shall the bill, as amended, 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, as amended, was declared repassed.

YES 56 NO 6 EXCUSED 3 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry E

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y


Hefley N

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 N

McKay Y

McPherson Y


Miller Y

Mitchell N

Morrison E

Nuñez Y

Paschall Y

Pfiffner N

Plant Y

Ragsdale Y

Saliman E

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Decker, Gotlieb, Kaufman, Mace, Ragsdale, Scott, Stengel, Swenson, Taylor, Mr. Speaker.

SB99-061 by Senator Anderson; also Representative Kaufman--Concerning parole of persons sentenced to the department of corrections.

Laid over until May 6.

_______________

House in recess. House reconvened.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has adopted and returns herewith: HJR99-1036, 1040, 1052, and 1060.

_________

The Senate has adopted the First Report of the Second Conference Committee on HB99-1372, as printed in Senate Journal, May 5, and repassed the bill as amended. The bill is returned herewith.

The Senate voted to reject the First Report of the Second Conference Committee on HB99-1278, and to adhere to the Senate position. The bill is returned herewith

The Senate has adopted and returns herewith: HJR99-1018, amended as printed in Senate Journal, May 5.

______________

FIRST REPORT OF SECOND CONFERENCE COMMITTEE

on HB99-1372

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your second conference committee appointed on HB99­1372, concerning the creation of the office of innovation and technology in the governor's office, and making an appropriation in connection therewith, has met and reports that it has agreed upon the following:

That the House accede to the Senate amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 12, strike lines 8 through 13 and substitute the following:

"(II)  The president of the senate shall appoint one member TWO MEMBERS of the senate AND THE MINORITY LEADER OF THE SENATE SHALL APPOINT ONE MEMBER OF THE SENATE, and the speaker of the house of representatives shall appoint one member THREE MEMBERS of the house of representatives, ONE OF WHOM SHALL BE A MINORITY PARTY MEMBER; and".

Respectfully submitted,

House Committee: Senate Committee:

Ronny May Elsie Lacy

Gary McPherson Mark Hillman

Gloria Tanner

______________

CONSIDERATION OF CONFERENCE COMMITTEE REPORT

HB99-1372 by Representatives May, George, Taylor; also Senator Lacy--Concerning the creation of the office of innovation and technology in the governor's office.

(First Report of Second Conference Committee printed in House Journal, May 5, page 1810.)

The First Report of Second Conference Committee was adopted by the following roll call vote:

YES 37 NO 24 EXCUSED 3 ABSENT 1

Alexander Y

Allen Y

Bacon N

Berry E

Chavez N

Clapp Y

Clarke NColeman 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 E

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman E

Scott Y

Sinclair ­

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. N

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

The question being "Shall the bill, as amended, 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, as amended, was declared repassed.

YES 43 NO 18 EXCUSED 3 ABSENT 1

Alexander Y

Allen Y

Bacon N

Berry E

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

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 Y

May Y

McElhany Y

McKay Y

McPherson Y


Miller Y

Mitchell Y

Morrison E

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman E

Scott Y

Sinclair ­

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. Y

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives McPherson, Young.

Representative Plant requested his name be removed as co-sponsor.

_______________

IMMEDIATE RECONSIDERATION OF HB99-1372

Representative Dean moved for immediate reconsideration of HB99­1372. As shown by the following recorded vote less than a majority of those elected to the House voted in the affirmative and the motion was declared lost:

YES 22 NO 39 EXCUSED 4 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry E

Chavez Y

Clapp NClarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb N

Grossman Y

Hagedorn N


Hefley N

Hoppe N

Johnson N

Kaufman N

Keller Y

Kester N

King N

Larson N

Lawrence N

Lee N

Leyba Y

Mace N

May N

McElhany N

McKay N

McPherson N


Miller N

Mitchell N

Morrison E

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman E

Scott N

Sinclair E

Smith N

Spence N

Spradley N

Stengel N

Swenson N


Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool N

Tupa Y

Veiga Y

Vigil Y

Webster N

Williams, S. Y

Williams, T. Y

Windels Y

Witwer N

Young N

Zimmerman Y

Mr. Speaker N

_______________

HOUSE RECEDES ON HB99-1278

HB99-1278 by Representative Williams T.; also Senator Lamborn--Concerning administrative hearings in workers' compensation cases conducted by administrative law judges, and making an appropriation in connection therewith.

Representative T.Williams moved that the House recede from its position on HB99-1278 and that the Conference Committee be discharged. The motion was declared passed by the following roll call vote:

YES 61 NO 0 EXCUSED 4 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry E

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 E

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman E

Scott Y

Sinclair E

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The Conference Committee was discharged.

Representative T.Williams moved that the House concur in Senate amendments on HB99-1278. The motion was declared passed by the following roll call vote:

YES 60 NO 1 EXCUSED 4 ABSENT 0


Alexander Y

Allen Y

Bacon Y

Berry E

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 E

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman E

Scott Y

Sinclair E

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

The question being, "Shall the bill, as amended, 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, as amended, was declared repassed.

YES 60 NO 1 EXCUSED 4 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry E

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 E

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman E

Scott Y

Sinclair E

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsor added: Representative Dean.

_______________

CONSIDERATION OF SENATE AMENDMENTS

TO HOUSE RESOLUTION

HJR99-1018 by Representatives Larson, George; also Senator Dennis--Concerning the creation of an interim committee to study the regulation of oil and gas production in Colorado.

(Amended as printed in Senate Journal, May 5.)

Representative Larson moved that the House concur in Senate amend-ments. The motion was declared passed by the following roll call vote:

YES 37 NO 24 EXCUSED 4 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry E

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 E

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman E

Scott Y

Sinclair E

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. N

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

The question being, "Shall the resolution, as amended, be adopted?".

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 resolution, as amended, was declared readopted.

YES 43 NO 19 EXCUSED 3 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry E

Chavez N

Clapp Y

Clarke N

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb Y

Grossman N

Hagedorn Y


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 E

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman E

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. Y

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Dean, Hoppe, Miller, Scott, Spence, Spradley, Webster, Young.

_______________

House in recess. House reconvened.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate voted to adhere to its position on HB99-1194. The bill is returned herewith.

The Senate has adopted and returns herewith: HJR99-1059 .

The Senate has adopted and returns herewith: HJM99-1001.

The Senate has postponed indefinitely and returns herewith: HB99­1195.

The Senate has adopted the First Report of the First Conference Committee on SB99-040, as printed in Senate Journal, May 5, and repassed the bill as amended.

The Senate has adopted the First Report of the First Conference Committee on SB99-225, as printed in Senate Journal, May 5, and repassed the bill as amended.

_________

The Senate voted to concur in House amendments to SB99-232 and repassed the bill as amended.

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on SB99-132

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99­132, concerning use of moneys received pursuant to the tobacco litigation settlement, has met and reports that it has agreed upon the following:

1. That the Senate accede to the House amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 21, line 5, strike "2004­05" and substitute "2008­09";

line 7, strike "2004­05" and substitute "2008­09";

line 10, strike "TEN" and substitute "EIGHTEEN".

Page 43, line 14, strike "FUND" and substitute "FITZSIMONS TRUST FUND".

Page 46, line 20, strike "SCHOOL," and substitute "STATE AGENCY,".

Page 48, line 1, strike "CONTENTS;" and substitute "CONTENTS, WHICH AT A MINIMUM SHALL INCLUDE:

(I) A DESCRIPTION OF THE PROGRAM, INCLUDING THE PROGRAM GOALS;

(II) THE CRITERIA THE PROGRAM WILL APPLY IN DETERMINING WHETHER THE PROGRAM IS MEETING ITS GOALS;

(III) THE POPULATION TO BE SERVED BY THE PROGRAM, INCLUDING THE ACTUAL NUMBER OF PERSONS THAT THE PROGRAM IS EXPECTED TO SERVE;

(IV) THE SERVICES TO BE PROVIDED THROUGH THE PROGRAM; AND

(V)  WHETHER THE PROGRAM HAS BEEN IMPLEMENTED PREVIOUSLY AND, IF SO, THE RESULTS DEMONSTRATED BY THE PROGRAM.".

Page 49, line 21, strike "ILLNESS." and substitute "ILLNESS; OR";

after line 21, insert the following:

"(f) TARGETED EFFORTS TO PREVENT TOBACCO USE AMONG SCHOOL­AGE CHILDREN.".

Page 55, line 4, strike "SCHOOL";

line 5, strike "DISTRICTS OR CHARTER" and substitute "PUBLIC";

line 8, after the period, add "ANY PUBLIC SCHOOL THAT APPLIES FOR A GRANT PURSUANT TO THIS SECTION, AT THE TIME OF APPLICATION, SHALL NOTIFY THE SUPERINTENDENT OF THE SCHOOL DISTRICT IN WHICH THE SCHOOL IS LOCATED AND SHALL NOTIFY THE SUPERINTENDENT IF THE GRANT IS AWARDED. FOR PURPOSES OF THIS SECTION "PUBLIC SCHOOLS" INCLUDES CHARTER SCHOOLS.";

line 17, after "ELEMENTARY", insert "PUBLIC";

line 19, after "ELEMENTARY", insert "PUBLIC".

Page 56, line 19, strike "SCHOOL";

line 20, strike "DISTRICTS OR CHARTER" and substitute "PUBLIC".

Page 57, line 4, strike "SCHOOL DISTRICTS AND";

line 5, strike "CHARTER" and substitute "PUBLIC";

line 7, strike "SCHOOL DISTRICTS AND CHARTER" and substitute "PUBLIC";

line 11, strike "A SCHOOL WITHIN THE SCHOOL DISTRICT OR A CHARTER" and substitute "THE PUBLIC";

line 17, strike "BOARD" and substitute "BOARD, AT ITS DISCRETION,";

strike lines 20 and 21 and substitute the following:

"READING PROGRAM DO NOT DEMONSTRATE IMPROVEMENT IN LITERACY AND READING COMPREHENSION SKILLS. UPON COMPLETION OF";

line 22, strike "SCHOOL DISTRICT OR CHARTER" and substitute "PUBLIC".

Page 58, line 5, strike "SCHOOL DISTRICT OR";

line 6, strike "CHARTER" and substitute "PUBLIC";

line 8, strike "SCHOOL DISTRICTS AND";

line 9, strike "CHARTER" and substitute "PUBLIC";

line 10, strike "SCHOOL";

line 11, strike "DISTRICTS AND CHARTER" and substitute "PUBLIC";

after line 13, insert the following:

"(e) EACH PUBLIC SCHOOL THAT RECEIVES MONEYS PURSUANT TO THIS SECTION SHALL ANNUALLY SUBMIT TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT THE INFORMATION SPECIFIED IN SECTION 25­1­108.5, C.R.S.";

strike lines 24 through 26 and substitute the following:

"(b) (I) BEGINNING IN THE 2000­01 FISCAL YEAR AND CONTINUING THROUGH THE 2005­06 FISCAL YEAR, THE GENERAL".

Page 59, strike lines 5 through 8 and substitute the following:

"MASTER SETTLEMENT AGREEMENT.

(II) FOR THE 2006­07 FISCAL YEAR, THE GENERAL ASSEMBLY SHALL APPROPRIATE TO THE FUND FROM MONEYS CREDITED TO THE TOBACCO LITIGATION SETTLEMENT CASH FUND EIGHT PERCENT OF THE AMOUNT OF MONEYS TRANSMITTED TO THE STATE TREASURER IN ACCORDANCE WITH THE MASTER SETTLEMENT AGREEMENT FOR THE PRECEDING FISCAL YEAR.

(III) FOR THE 2007­08 FISCAL YEAR, THE GENERAL ASSEMBLY SHALL APPROPRIATE TO THE FUND FROM MONEYS CREDITED TO THE TOBACCO LITIGATION SETTLEMENT CASH FUND SIX PERCENT OF THE AMOUNT OF MONEYS TRANSMITTED TO THE STATE TREASURER IN ACCORDANCE WITH THE MASTER SETTLEMENT AGREEMENT FOR THE PRECEDING FISCAL YEAR.

(IV) BEGINNING IN THE 2008­09 FISCAL YEAR, AND FOR EACH FISCAL YEAR THEREAFTER SO LONG AS THE STATE RECEIVES MONEYS PURSUANT TO THE MASTER SETTLEMENT AGREEMENT, THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO THE FUND FROM MONEYS CREDITED TO THE TOBACCO LITIGATION SETTLEMENT CASH FUND FIVE PERCENT OF THE AMOUNT OF MONEYS TRANSMITTED TO THE STATE TREASURER IN ACCORDANCE WITH THE MASTER SETTLEMENT AGREEMENT FOR THE PRECEDING FISCAL YEAR.";

line 9, strike "(II)" and substitute "(V)";

after line 15, insert the following:

"(VI)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (III) AND (IV) OF THIS PARAGRAPH (b), BEGINNING WITH THE 2007­08 FISCAL YEAR AND CONTINUING THROUGH THE 2016­17 FISCAL YEAR, THE PERCENTAGE APPROPRIATED TO THE FUND SHALL BE CALCULATED ON THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING EACH FISCAL YEAR, MINUS TWENTY MILLION TWO HUNDRED THOUSAND DOLLARS.";

line 17, strike "SCHOOL";

line 18, strike "DISTRICTS AND CHARTER" and substitute "PUBLIC".

Page 61, line 3, after "ASSIST", insert "PUBLIC";

line 6, strike "IN­SCHOOL";

strike lines 7 through 10 and substitute the following:

"PROGRAMS TO ASSIST STUDENTS IN DEALING WITH CONFLICT. ANY PUBLIC SCHOOL THAT APPLIES FOR A GRANT PURSUANT TO THIS SECTION, AT THE TIME OF APPLICATION, SHALL NOTIFY THE SUPERINTENDENT OF THE SCHOOL DISTRICT IN WHICH THE SCHOOL IS LOCATED AND SHALL NOTIFY THE SUPERINTENDENT IF THE GRANT IS AWARDED.";

line 11, strike "ELEMENTARY," and substitute "PUBLIC ELEMENTARY,";

strike lines 20 and 21 and substitute the following:

"AWARDED FOR A MAXIMUM OF TWO ACADEMIC YEARS AND MAY BE RENEWED ONLY UPON A DEMONSTRATION OF THE EFFECTIVENESS OF THE PROGRAM FUNDED BY THE GRANT, BASED ON THE GOALS AND CRITERIA SPECIFIED IN THE ORIGINAL APPLICATION.

(b) AT A MINIMUM, EACH GRANT APPLICATION SUBMITTED PURSUANT TO THIS SECTION SHALL INCLUDE:

(I) A DESCRIPTION OF THE PROGRAM, INCLUDING THE PROGRAM GOALS;

(II) THE CRITERIA THE PROGRAM WILL APPLY IN DETERMINING WHETHER THE PROGRAM IS MEETING ITS GOALS;

(III) THE POPULATION TO BE SERVED BY THE PROGRAM, INCLUDING THE ACTUAL NUMBER OF PERSONS THAT THE PROGRAM IS EXPECTED TO SERVE;

(IV) THE SERVICES TO BE PROVIDED THROUGH THE PROGRAM;

(V) WHETHER THE PROGRAM HAS BEEN IMPLEMENTED PREVIOUSLY AND, IF SO, THE RESULTS DEMONSTRATED BY THE PROGRAM.".

Reletter succeeding paragraphs accordingly.

Page 62, line 4, after the period, add "IN ADDITION, EACH SCHOOL THAT RECEIVES MONEYS PURSUANT TO THIS SECTION SHALL SUBMIT TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT THE INFORMATION SPECIFIED IN SECTION 25­1­108.5, C.R.S.".

Page 63, after line 9, insert the following:

"(III)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (a), BEGINNING WITH THE 2007­08 FISCAL YEAR AND CONTINUING THROUGH THE 2016­17 FISCAL YEAR, THE PERCENTAGE APPROPRIATED TO THE TRUST SHALL BE CALCULATED ON THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING EACH FISCAL YEAR, MINUS TWENTY MILLION TWO HUNDRED THOUSAND DOLLARS.";

2. That, under that authority granted the committee to consider matters not at issue between the two houses, the following amendments be recommended:

Amend rerevised bill, page 5, line 23, strike "RECEIVED" and substitute "EXPENDED".

Page 6, after line 23, insert the following:

"(8) A PORTION OF THE SETTLEMENT MONEYS SHALL BE ALLOCATED TO ENHANCE AND PROTECT THE HEALTH AND SAFETY OF STUDENTS AND TEACHERS WITHIN PUBLIC SCHOOLS.

(9) A PORTION OF THE SETTLEMENT MONEYS SHALL BE ALLOCATED TO PROGRAMS TO FOSTER THE LITERACY OF COLORADO'S CHILDREN TO ENSURE THEY HAVE THE NECESSARY SKILLS TO MAKE INFORMED DECISIONS CONCERNING THEIR HEALTH.".

Page 7, line 16, strike "PROGRAMS"" and substitute "PROGRAM"";

line 18, strike "AGREEMENT." and substitute "AGREEMENT; EXCEPT THAT "TOBACCO SETTLEMENT PROGRAM" DOES NOT INCLUDE THE CHILDREN'S BASIC HEALTH PLAN CREATED IN ARTICLE 19 OF TITLE 26, C.R.S., THE FITZSIMONS TRUST FUND CREATED IN SECTION 23­20­136, C.R.S., AND THE TWENTY­FIRST CENTURY SCHOOL FUND PROGRAM CREATED IN PART 2 OF ARTICLE 43.7 OF TITLE 22, C.R.S.".

Page 10, line 14, strike "PROGRAMS"" and substitute "PROGRAM"";

line 16, strike "AGREEMENT." and substitute "AGREEMENT; EXCEPT THAT "TOBACCO SETTLEMENT PROGRAM" DOES NOT INCLUDE THE CHILDREN'S BASIC HEALTH PLAN CREATED IN ARTICLE 19 OF TITLE 26, C.R.S., THE FITZSIMONS TRUST FUND CREATED IN SECTION 23­20­136, C.R.S., AND THE TWENTY­FIRST CENTURY SCHOOL FUND PROGRAM CREATED IN PART 2 OF ARTICLE 43.7 OF TITLE 22, C.R.S.".

Page 15, after line 22, insert the following:

"(3) (a) ANY ENTITY SELECTED TO ADMINISTER THE PROGRAM SHALL ENSURE THAT SERVICES ARE PROVIDED ON A VOLUNTARY BASIS. EACH WOMAN WHO CHOOSES TO PARTICIPATE IN THE PROGRAM, PRIOR TO RECEIVING SERVICES, SHALL SIGN AN INFORMATIONAL FORM THAT, AT A MINIMUM, STATES THE FOLLOWING:

THIS PROGRAM IS VOLUNTARY. YOU DO NOT HAVE TO PARTICIPATE. IF YOU AGREE TO PARTICIPATE IN THE PROGRAM, YOU MAY AT ANY TIME REFUSE ANY OF THE SERVICES OR ADVICE OFFERED. YOU MAY AT ANY TIME WITHDRAW FROM THE PROGRAM. YOU MAY AT ANY TIME ASK A NURSE OR OTHER PROGRAM OFFICER TO LEAVE YOUR HOME.

(b) EACH ENTITY SELECTED TO ADMINISTER THE PROGRAM SHALL ENSURE THAT THE FORM REQUIRED IN THIS SUBSECTION (3) IS TRANSLATED INTO SUCH LANGUAGES AS ARE APPROPRIATE FOR THE POPULATION SERVED.

(c)   ANY ENTITY SELECTED TO ADMINISTER THE PROGRAM THAT HAS UNEXPENDED GRANT FUNDS MAY APPLY TO THE STATE BOARD FOR PERMISSION TO SERVE ADDITIONAL TYPES OF LOW­INCOME MOTHERS UNDER THE PROGRAM.".

Renumber succeeding subsection accordingly.

Page 16, after line 17, insert the following;

"(5) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE BOARD MAY, UPON REQUEST BY ANY ENTITY SELECTED TO ADMINISTER A PROGRAM, GRANT A WAIVER TO SAID ENTITY TO ALLOW THE ENTITY TO:

(a) SERVE FEWER THAN ONE HUNDRED PERSONS, IF APPROPRIATE IN THE COMMUNITY IN WHICH THE ENTITY IS ADMINISTERING THE PROGRAM;

(b) SERVE LOW­INCOME MOTHERS WHO ARE NOT FIRST­TIME MOTHERS, SO LONG AS THE ENTIRE AMOUNT OF GRANT MONEYS RECEIVED BY THE ENTITY PURSUANT TO THIS ARTICLE IS NOT NEEDED TO SERVE LOW­INCOME, FIRST­TIME MOTHERS.".

Page 18, line 18, strike "BOARD;" and substitute "BOARD. IN MEASURING THE EFFECTIVENESS OF THE PROGRAM, EACH ENTITY SHALL MAKE RECOMMENDATIONS CONCERNING THE USE OF QUALIFIED PERSONS OTHER THAN NURSES TO PROVIDE SERVICES THROUGH THE PROGRAM.".

Page 21, line 7, strike "PERCENT" and substitute "PERCENTAGE POINTS";

after line 22, insert the following:

"(III)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (d), BEGINNING WITH THE 2007­08 FISCAL YEAR AND CONTINUING THROUGH THE 2016­17 FISCAL YEAR, THE PERCENTAGE APPROPRIATED TO THE FUND SHALL BE CALCULATED ON THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING EACH FISCAL YEAR, MINUS TWENTY MILLION TWO HUNDRED THOUSAND DOLLARS.".

Page 24, strike lines 7 through 18 and substitute the following:

"SECTION 7. 26­19­105, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

26­19­105. Trust ­ created. (6) (a) (I) BEGINNING FISCAL YEAR 2000­01, AND FOR EACH FISCAL YEAR THEREAFTER IN WHICH THE STATE RECEIVES MONEYS PURSUANT TO THE MASTER SETTLEMENT AGREEMENT, THE GENERAL ASSEMBLY SHALL ANNUALLY SET ASIDE THIRTY PERCENT OF THE MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THE PRECEDING FISCAL YEAR TO BE APPORTIONED BETWEEN THE TRUST AND THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING IN AMOUNTS SPECIFIED IN THE ANNUAL GENERAL APPROPRIATIONS BILL.

(II) OF THE PERCENTAGE SPECIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (a), THE GENERAL ASSEMBLY SHALL FIRST APPROPRIATE MONEYS TO THE TRUST AS NECESSARY TO PROVIDE SERVICES TO ALL ENROLLEES. SAID AMOUNT SHALL BE IN ADDITION TO ANY OTHER AMOUNT SPECIFIED IN THIS SECTION. OF THE REMAINDER OF SAID PERCENTAGE, THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEYS TO THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING AS NECESSARY TO OFFSET:

(A) THE COST OF PROVIDING MEDICAID SERVICES TO CHILDREN IDENTIFIED AS BEING ELIGIBLE FOR MEDICAID SERVICES AS A RESULT OF THE EXPANSION OF THE CHILDREN'S BASIC HEALTH PLAN THAT OCCURS AS A RESULT OF THE RECEIPT OF MONEYS FROM THE MASTER SETTLEMENT AGREEMENT; AND

(B) THE COSTS INCURRED BY THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING AS A RESULT OF LOWERING THE RESOURCE ELIGIBILITY STANDARD FOR PERSONS RECEIVING SERVICES PURSUANT TO SECTIONS 26­4­508 (3) (a) AND (3) (c) AND 26­4­201 (1) (f) AND (1) (o).";

line 20, strike "(2.5)" and substitute "(6)";

line 23, strike "(2.5)," and substitute "(6),".

Page 25, strike lines 3 through 15 and substitute the following:

"(c) ANY PORTION OF THE PERCENTAGE SPECIFIED IN SUBPARAGRAPH (I) OF PARAGRAPH (a) OF THIS SUBSECTION (6) THAT IS NOT NECESSARY TO FUND THE PURPOSES SPECIFIED IN SUBPARAGRAPH (II) OF SAID PARAGRAPH (a) SHALL BE TRANSFERRED TO THE TWENTY­FIRST CENTURY SCHOOL FUND CREATED IN SECTION 22­43.7­206, C.R.S.

(d)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (6), BEGINNING WITH THE 2007­08 FISCAL YEAR AND CONTINUING THROUGH THE 2016­17 FISCAL YEAR, THE PERCENTAGE APPROPRIATED TO THE TRUST SHALL BE CALCULATED ON THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING EACH FISCAL YEAR, MINUS TWENTY MILLION TWO HUNDRED THOUSAND DOLLARS.".

Page 29, strike lines 22 and 23 and substitute the following:

"COMMITTEE APPOINTED PURSUANT TO SECTION 23­20­204.".

Page 32, line 21, strike "PRESIDENT" and substitute "PRESIDENT, IN CONSULTATION WITH THE ADVISORY COMMITTEE,".

Page 33, line 22, strike "THE OFFICE OF THE PRESIDENT SHALL ESTABLISH" and substitute "THERE IS HEREBY CREATED";

line 25, strike "MEMBERS" and substitute "MEMBERS, APPOINTED BY THE GOVERNOR WITH THE ADVICE OF THE PRESIDENT,";

line 26, strike "PRESIDENT" and substitute "GOVERNOR".

Page 34, strike lines 2 and 3 and substitute the following:

"(a) TWO CITIZENS WITH AN INTEREST IN THE REDUCTION OF TOBACCO USE;";

line 17, strike "PRESIDENT" and substitute "GOVERNOR";

line 21, strike "PRESIDENT." and substitute "GOVERNOR.".

Page 35, after line 9, insert the following:

"(e) TO REVIEW RESEARCH BEING CONDUCTED IN OTHER STATES TO EVALUATE WHETHER RESEARCH GRANTS AWARDED PURSUANT TO THIS PART 2 WOULD DUPLICATE, COMPLEMENT, OR HAVE NO RELATION TO OTHER ONGOING RESEARCH;".

Reletter succeeding paragraphs accordingly.

Page 40, after line 1, insert the following:

"(III)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (a), BEGINNING WITH THE 2007­08 FISCAL YEAR AND CONTINUING THROUGH THE 2016­17 FISCAL YEAR, THE PERCENTAGE APPROPRIATED TO THE FUND SHALL BE CALCULATED ON THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING EACH FISCAL YEAR, MINUS TWENTY MILLION TWO HUNDRED THOUSAND DOLLARS.".

Page 43, strike lines 2 through 6 and substitute the following:

"(II) (A) BEGINNING WITH THE 2000­01 FISCAL YEAR AND CONTINUING THROUGH THE 2006­07 FISCAL YEAR, TWO PERCENT OF THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THE PRECEDING FISCAL YEAR. BEGINNING WITH THE 2007­08 FISCAL YEAR AND CONTINUING THROUGH THE 2010­11 FISCAL YEAR, THE GENERAL ASSEMBLY SHALL APPROPRIATE TO THE FITZSIMONS TRUST FUND ONE PERCENT OF THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THE PRECEDING FISCAL YEAR.";

after line 17, insert the following:

"(C)  NOTWITHSTANDING THE PROVISIONS OF SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (II), BEGINNING WITH THE 2007­08 FISCAL YEAR AND CONTINUING THROUGH THE 2010­11 FISCAL YEAR, THE PERCENTAGE APPROPRIATED TO THE FITZSIMONS TRUST FUND SHALL BE CALCULATED ON THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING EACH FISCAL YEAR, MINUS TWENTY MILLION TWO HUNDRED THOUSAND DOLLARS.";

line 25, strike "2010," and substitute "2011,"

Page 52, after line 20, insert the following:

"(c)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (2), BEGINNING WITH THE 2007­08 FISCAL YEAR AND CONTINUING THROUGH THE 2016­17 FISCAL YEAR, THE PERCENTAGE APPROPRIATED TO THE FUND SHALL BE CALCULATED ON THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING EACH FISCAL YEAR, MINUS TWENTY MILLION TWO HUNDRED THOUSAND DOLLARS.".

Page 63, after line 17, insert the following:

"SECTION  19.  Article 43.7 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 2

TWENTY­FIRST CENTURY SCHOOL REVOLVING LOAN

FUND FOR CAPITAL CONSTRUCTION ASSISTANCE

22­43.7­201.  Legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS THAT:

(a)  IT IS THE RESPONSIBILITY OF EACH SCHOOL DISTRICT TO PROVIDE ADEQUATE FACILITIES THAT ARE SUFFICIENT TO OPERATE AN EDUCATIONAL PROGRAM WITHIN THE SCHOOL DISTRICT; AND

(b)  THE GENERAL ASSEMBLY DESIRES TO ASSIST SCHOOL DISTRICTS IN ENSURING THAT THE FACILITIES USED BY THE SCHOOL DISTRICTS PROVIDE A HEALTHY AND SAFE ENVIRONMENT IN WHICH TO MEET STUDENTS' EDUCATIONAL NEEDS; AND

(c)  COLORADO SCHOOL DISTRICTS HAVE DIFFERING FINANCIAL ABILITIES TO MEET STUDENTS' EDUCATIONAL NEEDS, INCLUDING THE NEED FOR RENOVATIONS OF AND CONTROLLED MAINTENANCE AT PUBLIC SCHOOLS TO ENSURE A HEALTHY AND SAFE ENVIRONMENT FOR STUDENTS AND TEACHERS; AND

(d)  THE ESTABLISHMENT OF A PROGRAM TO PROVIDE GRANTS, LOW­INTEREST AND INTEREST­FREE LOANS, AND INTEREST RATE BUY­DOWNS TO SCHOOL DISTRICTS FOR CAPITAL CONSTRUCTION PROJECTS WOULD ASSIST THE SCHOOL DISTRICTS IN MEETING STUDENTS' EDUCATIONAL NEEDS.

(2)  IT IS THE INTENT OF THE GENERAL ASSEMBLY IN ENACTING THIS PART 2 TO ESTABLISH A PROGRAM THAT WILL PROVIDE FINANCIAL ASSISTANCE TO SCHOOL DISTRICTS THAT DESIRE TO UNDERTAKE CAPITAL CONSTRUCTION PROJECTS AND THAT HAVE A NEED FOR FINANCIAL ASSISTANCE IN ORDER TO UNDERTAKE SUCH CONSTRUCTION PROJECTS.

22­43.7­202.  Definitions. AS USED IN THIS PART 2, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "CAPITAL CONSTRUCTION" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 24­75­301 (1), C.R.S.

(2)  "FUND" MEANS THE TWENTY­FIRST CENTURY SCHOOL REVOLVING LOAN FUND CREATED IN SECTION 22­43.7­206.

(3)  "FUND ADMINISTRATOR" MEANS THE PERSON OR PERSONS WITH WHOM THE STATE BOARD CONTRACTS PURSUANT TO SECTION 22­43.7­205 FOR ADMINISTRATION OF THE FUND IN ACCORDANCE WITH THIS PART 2 AND THE RULES OF THE STATE BOARD ADOPTED PURSUANT TO THIS PART 2.

(4)  "MANAGEMENT BOARD" MEANS THE TWENTY­FIRST CENTURY SCHOOL FUND MANAGEMENT BOARD CREATED IN SECTION 22­43.7­203.

(5)  "MASTER SETTLEMENT AGREEMENT" MEANS THE MASTER SETTLEMENT AGREEMENT, THE SMOKELESS TOBACCO MASTER SETTLEMENT AGREEMENT, AND THE CONSENT DECREE APPROVED AND ENTERED BY THE COURT IN THE CASE DENOMINATED STATE OF COLORADO, EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.; THE COUNCIL FOR TOBACCO RESEARCH­­U.S.A., INC.; AND TOBACCO INSTITUTE, INC., CASE NO. 97 CV 3432, IN THE DISTRICT COURT FOR THE CITY AND COUNTY OF DENVER.

(6)  "SCHOOL DISTRICT" MEANS ANY PUBLIC SCHOOL DISTRICT ORGANIZED UNDER THE LAWS OF COLORADO, EXCEPT A JUNIOR COLLEGE DISTRICT.

(7) "STATE BOARD" MEANS THE STATE BOARD OF EDUCATION CREATED PURSUANT TO SECTION 1 OF ARTICLE IX OF THE STATE CONSTITUTION.

22­43.7­203.  Twenty­first century school fund management board ­ created ­ membership ­ rules. (1)  THERE IS HEREBY CREATED IN THE DEPARTMENT OF EDUCATION THE TWENTY­FIRST CENTURY SCHOOL FUND MANAGEMENT BOARD. THE MANAGEMENT BOARD SHALL CONSIST OF NINE MEMBERS AS FOLLOWS:

(a)  THE COMMISSIONER OF EDUCATION;

(b)  EIGHT MEMBERS APPOINTED BY THE GOVERNOR, WITH THE CONSENT OF THE SENATE, AS FOLLOWS:

(I)  TWO MEMBERS WHO ARE ELECTED SCHOOL DISTRICT DIRECTORS, ONE OF WHOM REPRESENTS AN URBAN SCHOOL DISTRICT AND ONE OF WHOM REPRESENTS A RURAL SCHOOL DISTRICT;

(II)  ONE MEMBER WHO REPRESENTS A CHARTER SCHOOL;

(III)  THREE MEMBERS WHO REPRESENT THE PRIVATE SECTOR FINANCE, BOND, AND INVESTMENT BANKING INDUSTRY;

(IV)  TWO MEMBERS WHO REPRESENT THE CONSTRUCTION ENGINEERING INDUSTRY AND HAVE EXPERIENCE IN CONSTRUCTING SCHOOL BUILDINGS.

(2) (a)  THE APPOINTED MEMBERS OF THE MANAGEMENT BOARD SHALL SERVE TERMS OF THREE YEARS; EXCEPT THAT OF THE MEMBERS FIRST APPOINTED, THE GOVERNOR SHALL SELECT FOUR WHO SHALL SERVE TERMS OF TWO YEARS. NO MEMBER SHALL SERVE MORE THAN TWO CONSECUTIVE THREE­YEAR TERMS.

(b)  THE GOVERNOR MAY REMOVE ANY APPOINTED MANAGEMENT BOARD MEMBER FOR ANY CAUSE THAT RENDERS THE MEMBER INCAPABLE OF DISCHARGING OR UNFIT TO DISCHARGE THE DUTIES OF THE OFFICE. WHENEVER A VACANCY ON THE MANAGEMENT BOARD EXISTS DUE TO THE DEATH, DISQUALIFICATION, REMOVAL, OR RESIGNATION OF A MEMBER, THE GOVERNOR SHALL APPOINT A MEMBER FOR THE REMAINING PORTION OF THE UNEXPIRED TERM CREATED BY THE VACANCY.

(c)  THE MEMBERS OF THE MANAGEMENT BOARD SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE REIMBURSED FROM MONEYS IN THE FUND FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS PART 2.

(3) IN ADDITION TO ANY OTHER POWERS AND DUTIES SPECIFIED IN THIS PART 2, THE MANAGEMENT BOARD SHALL:

(a) MAKE RECOMMENDATIONS TO THE STATE BOARD CONCERNING SELECTION OF A FUND ADMINISTRATOR;

(b) WORK WITH THE FUND ADMINISTRATOR AND PERIODICALLY REPORT TO THE STATE BOARD CONCERNING OPERATIONS OF THE FUND;

(c) MAKE RECOMMENDATIONS TO THE STATE BOARD CONCERNING ADOPTION OF THE RULES SPECIFIED IN THIS PART 2;

(d)  REVIEW APPLICATIONS FOR FINANCIAL ASSISTANCE SUBMITTED PURSUANT TO THIS PART 2 AND MAKE RECOMMENDATIONS TO THE STATE BOARD CONCERNING THOSE APPLICATIONS THAT SHOULD BE GRANTED AND THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE TO BE GRANTED.

22­43.7­204. State board ­ duties. (1) IN ADDITION TO ANY OTHER POWERS AND DUTIES SPECIFIED IN THIS PART 2, THE STATE BOARD, IN CONSULTATION WITH THE MANAGEMENT BOARD, SHALL PROMULGATE RULES IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., FOR THE ADMINISTRATION OF THIS PART 2, INCLUDING BUT NOT LIMITED TO:

(a)  APPLICATION PROCEDURES BY WHICH SCHOOL DISTRICTS MAY APPLY FOR FINANCIAL ASSISTANCE PURSUANT TO THIS PART 2;

(b)  TIMELINES FOR THE AWARDING AND REPAYMENT, WHERE APPROPRIATE, OF FINANCIAL ASSISTANCE PURSUANT TO THIS PART 2;

(c)  CRITERIA FOR DETERMINING THE TYPE OF FINANCIAL ASSISTANCE AND THE AMOUNT TO BE GRANTED TO ANY SCHOOL DISTRICT;

(d)  FISCAL CONTROLS AND ACCOUNTING PROCEDURES SUFFICIENT TO ASSURE PROPER ACCOUNTING DURING APPROPRIATE ACCOUNTING PERIODS FOR:

(I)  PAYMENTS RECEIVED BY THE FUND;

(II)  DISBURSEMENTS MADE BY THE FUND; AND

(III)  FUND BALANCES AT THE BEGINNING AND END OF THE ACCOUNTING PERIOD.

22­43.7­205.  Fund administration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS THAT THE VARIOUS FINANCING ARRANGEMENTS AND ARRANGEMENTS FOR FINANCIAL ASSISTANCE AVAILABLE TO SCHOOL DISTRICTS THROUGH THE FUND ARE ARRANGEMENTS WITH WHICH THE PRIVATE SECTOR HAS A GREAT DEAL OF EXPERIENCE AND EXPERTISE. THE GENERAL ASSEMBLY FURTHER FINDS THAT ADMINISTRATION OF THE FUND IN ACCORDANCE WITH THE PROVISIONS OF THIS PART 2 DOES NOT INVOLVE DUTIES SIMILAR TO DUTIES CURRENTLY OR PREVIOUSLY PERFORMED BY STATE EMPLOYEES.

(2)  PURSUANT TO PART 5 OF ARTICLE 50 OF THIS TITLE, THE STATE BOARD, IN CONSULTATION WITH THE MANAGEMENT BOARD, SHALL ENTER INTO ONE OR MORE PERSONAL SERVICES CONTRACTS THAT CREATE INDEPENDENT CONTRACTOR RELATIONSHIPS FOR ADMINISTRATION OF THE FUND IN ACCORDANCE WITH THE PROVISIONS OF THIS PART 2 AND RULES PROMULGATED BY THE STATE BOARD.

(3)  THE STATE BOARD SHALL ADOPT RULES SPECIFYING THE DUTIES OF THE FUND ADMINISTRATOR, WHICH DUTIES AT A MINIMUM SHALL INCLUDE:

(a)  REVIEWING APPLICATIONS FOR FINANCIAL ASSISTANCE AND MAKING RECOMMENDATIONS TO THE MANAGEMENT BOARD CONCERNING THOSE SCHOOL DISTRICTS THAT SHOULD RECEIVE FINANCIAL ASSISTANCE PURSUANT TO THIS PART 2 BASED ON THE FACTORS SET FORTH IN SECTION 24­36­206 AND SUCH ADDITIONAL FACTORS AS THE STATE BOARD MAY ESTABLISH BY RULE;

(b)  MAKING RECOMMENDATIONS TO THE MANAGEMENT BOARD CONCERNING THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE, AS DESCRIBED IN SECTION 24­36­207, TO BE GRANTED TO APPLYING SCHOOL DISTRICTS;

(c)  IMPLEMENTING THE FISCAL CONTROLS AND ACCOUNTING PROCEDURES SPECIFIED IN STATE BOARD RULES;

(d)  ASSISTING THE MANAGEMENT BOARD IN PREPARING THE ANNUAL REPORT REQUIRED PURSUANT TO SECTION 22­43.7­209.

22­43.7­206.  Twenty­first century school revolving loan fund ­ created ­ purpose. (1) (a)  THERE IS HEREBY ESTABLISHED IN THE STATE TREASURY THE TWENTY­FIRST CENTURY SCHOOL REVOLVING LOAN FUND. THE FUND SHALL CONSIST OF MONEYS APPROPRIATED THERETO PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (1), ANY OTHER MONEYS THAT MAY BE MADE AVAILABLE BY THE GENERAL ASSEMBLY, AND PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS MADE FROM THE FUND. ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. ANY MONEYS NOT APPROPRIATED SHALL REMAIN IN THE FUND AND SHALL NOT BE TRANSFERRED OR REVERT TO THE GENERAL FUND OF THE STATE AT THE END OF ANY FISCAL YEAR.

(b) (I)  FOR THE 2000­01 FISCAL YEAR, THE GENERAL ASSEMBLY SHALL APPROPRIATE TO THE FUND TEN PERCENT OF THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THE PRECEDING FISCAL YEAR. BEGINNING WITH THE 2001­02 FISCAL YEAR AND FOR EACH FISCAL YEAR THEREAFTER THROUGH THE 2004­05 FISCAL YEAR, THE GENERAL ASSEMBLY SHALL DECREASE THE AMOUNT APPROPRIATED TO THE FUND BY TWO PERCENTAGE POINTS PER FISCAL YEAR. BEGINNING IN THE 2005­06 FISCAL YEAR AND FOR FISCAL YEARS THEREAFTER, THE GENERAL ASSEMBLY SHALL APPROPRIATE TO THE FUND MONEYS RECEIVED PURSUANT TO THE MASTER SETTLEMENT AGREEMENT AS PROVIDED IN PARAGRAPHS (c) AND (d) OF THIS SUBSECTION (1). THE GENERAL ASSEMBLY SHALL APPROPRIATE THE AMOUNT SPECIFIED IN THIS SUBSECTION (1) FROM MONEYS CREDITED TO THE TOBACCO LITIGATION SETTLEMENT CASH FUND CREATED IN SECTION 24­22­115, C.R.S.

(II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (b), FOR THE FISCAL YEAR IN WHICH THE FIRST PAYMENT OF MONEYS PURSUANT TO THE MASTER SETTLEMENT AGREEMENT IS RECEIVED, THE PERCENTAGE APPROPRIATED TO THE FUND SHALL BE CALCULATED ON THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THAT FISCAL YEAR, MINUS THIRTY­THREE MILLION DOLLARS.

(c) BEGINNING WITH THE 2007­08 FISCAL YEAR AND CONTINUING THROUGH THE 2016­17 FISCAL YEAR, THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE FROM THE AMOUNT RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT TWENTY MILLION TWO HUNDRED THOUSAND DOLLARS TO THE FUND. THE GENERAL ASSEMBLY SHALL APPROPRIATE SAID AMOUNT FROM MONEYS CREDITED TO THE TOBACCO LITIGATION SETTLEMENT CASH FUND CREATED IN SECTION 24­22­115, C.R.S.

(d) IN ADDITION TO THE AMOUNT SPECIFIED IN PARAGRAPH (b) OF THIS SUBSECTION (1), THE GENERAL ASSEMBLY MAY APPROPRIATE TO THE FUND MONEYS RECEIVED PURSUANT TO THE MASTER SETTLEMENT AGREEMENT AS PROVIDED IN SECTION 26­19­105 (6) (a), C.R.S.

(2)  SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY, MONEYS IN THE FUND SHALL BE USED TO PROVIDE FINANCIAL ASSISTANCE TO APPLYING SCHOOL DISTRICTS THAT ARE UNDERTAKING QUALIFIED CAPITAL CONSTRUCTION PROJECTS. SUCH FINANCIAL ASSISTANCE MAY BE PROVIDED IN THE MANNER DESCRIBED IN SECTION 24­36­207, C.R.S. IN ADDITION, UP TO FIVE PERCENT OF THE MONEYS IN THE FUND MAY BE USED FOR THE EXPENSES INCURRED BY THE STATE BOARD AND THE MANAGEMENT BOARD IN ADMINISTERING THIS PART 2, INCLUDING BUT NOT LIMITED TO THE COSTS INCURRED IN CONTRACTING FOR ADMINISTRATION OF THE FUND PURSUANT TO SECTION 22­43.7­205. ANY MONEYS NOT NEEDED TO PROVIDE FINANCIAL ASSISTANCE TO SCHOOL DISTRICTS MAY BE INVESTED BY THE STATE TREASURER AS PROVIDED IN SECTION 24­36­113, C.R.S.

22­43.7­207.  Financial assistance application requirements ­ evaluation criteria. (1) (a)  EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (1), APPLICATIONS FOR FINANCIAL ASSISTANCE FROM THE FUND SHALL BE SUBMITTED TO THE MANAGEMENT BOARD NO LATER THAN JUNE 1 OF EACH YEAR FOR THE FISCAL YEAR BEGINNING ON THE NEXT JULY 1. INDIVIDUAL SCHOOLS MAY APPLY FOR MATCHING GRANTS THROUGH THE SCHOOL DISTRICT IN WHICH THE SCHOOLS ARE LOCATED, AND THE SCHOOL DISTRICT MAY, IN TURN, APPLY TO THE MANAGEMENT BOARD FOR SUCH GRANTS.

(b)  THE STATE BOARD MAY GRANT EXPEDITED APPROVAL OF FINANCIAL ASSISTANCE BASED ON A SHOWING BY A SCHOOL DISTRICT THAT FINANCIAL ASSISTANCE IS NECESSARY TO MITIGATE OR AVOID AN EMERGENCY SITUATION THAT THREATENS THE HEALTH OR SAFETY OF STUDENTS AND TEACHERS WITHIN THE SCHOOL DISTRICT.

(2)  THE FUND ADMINISTRATOR SHALL EVALUATE EACH APPLICATION BASED ON THE FACTORS SPECIFIED IN THIS SECTION AND SUCH OTHER FACTORS AS THE STATE BOARD MAY ESTABLISH BY RULE. BASED ON SUCH EVALUATION, THE FUND ADMINISTRATOR SHALL MAKE RECOMMENDATIONS TO THE MANAGEMENT BOARD CONCERNING WHICH SCHOOL DISTRICTS SHOULD RECEIVE FINANCIAL ASSISTANCE PURSUANT TO THIS PART 2 AND THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE THAT EACH SCHOOL DISTRICT SHOULD RECEIVE. BASED ON THE FUND ADMINISTRATOR'S RECOMMENDATIONS, THE MANAGEMENT BOARD SHALL MAKE RECOMMENDATIONS TO THE STATE BOARD AND THE STATE BOARD SHALL SELECT THOSE SCHOOL DISTRICTS THAT SHALL RECEIVE FINANCIAL ASSISTANCE PURSUANT TO THIS PART 2 AND SPECIFY THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE THAT EACH SCHOOL DISTRICT SHALL RECEIVE.

(3)  IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT SCHOOL DISTRICTS GIVE CONSIDERATION TO THE NEEDS OF BOTH TRADITIONAL PUBLIC SCHOOLS AND CHARTER SCHOOLS ESTABLISHED PURSUANT TO ARTICLE 30.5 OF TITLE 22, C.R.S., WHEN SUBMITTING APPLICATIONS FOR FINANCIAL ASSISTANCE PURSUANT TO THIS PART 2.

(4)  ALL APPLICATIONS SUBMITTED TO THE MANAGEMENT BOARD SHALL BE IN A FORM PRESCRIBED BY RULE OF THE STATE BOARD AND SHALL INCLUDE:

(a)  A DESCRIPTION OF THE SCOPE AND NATURE OF THE CAPITAL CONSTRUCTION PROJECT;

(b)  A DESCRIPTION OF THE ARCHITECTURAL, FUNCTIONAL, AND CONSTRUCTION STANDARDS THAT ARE TO BE APPLIED TO THE FACILITY THAT IS THE SUBJECT OF THE CAPITAL CONSTRUCTION PROJECT;

(c)  THE FORM AND AMOUNT OF FINANCIAL CONTRIBUTION THAT WILL BE PROVIDED BY THE SCHOOL DISTRICT FOR THE CAPITAL CONSTRUCTION PROJECT;

(d)  WHETHER AN ELECTION IS REQUIRED BEFORE THE SCHOOL DISTRICT CAN PROCEED WITH THE CAPITAL CONSTRUCTION PROJECT AND, IF SO, THE ANTICIPATED DATE OF THE ELECTION;

(e)  AN ACCOUNTING OF THE SCHOOL DISTRICT'S CONTINGENCY RESERVES AND CAPITAL CONSTRUCTION RESERVES AND AN EXPLANATION OF WHY THE SCHOOL DISTRICT IS SEEKING FINANCIAL ASSISTANCE PURSUANT TO THIS SECTION;

(f)  IF THE SCHOOL DISTRICT IS SEEKING EXPEDITED APPROVAL OF ITS REQUEST FOR FINANCIAL ASSISTANCE PURSUANT TO PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION, INFORMATION DEMONSTRATING THAT FINANCIAL ASSISTANCE IS NECESSARY TO MITIGATE OR AVOID AN EMERGENCY SITUATION THAT THREATENS THE HEALTH OR SAFETY OF STUDENTS AND TEACHERS WITHIN THE SCHOOL DISTRICT; AND

(g)  SUCH OTHER INFORMATION AS THE MANAGEMENT BOARD MAY REQUIRE FOR THE EVALUATION OF THE CAPITAL CONSTRUCTION PROJECT.

(5)  APPLICATIONS THAT DESCRIBE CAPITAL CONSTRUCTION PROJECTS DEEMED ELIGIBLE FOR FINANCIAL ASSISTANCE BY THE STATE BOARD SHALL BE PRIORITIZED BASED ON THE FOLLOWING CRITERIA, IN DESCENDING ORDER OF IMPORTANCE:

(a)  CAPITAL CONSTRUCTION PROJECTS THAT WILL ADDRESS IMMEDIATE SAFETY HAZARDS OR HEALTH CONCERNS AT EXISTING SCHOOL FACILITIES, CONSIDERING THE AGE OF THE FACILITIES AND ANY PREVIOUS RENOVATION WORK OR CONTROLLED MAINTENANCE THAT HAS BEEN PERFORMED AT THE FACILITIES;

(b)  CAPITAL CONSTRUCTION PROJECTS IN A SCHOOL DISTRICT THAT HAS A LOWER RELATIVE WEALTH COMPARED TO OTHER SCHOOL DISTRICTS IN THE STATE BASED ON THE PER PUPIL ASSESSED VALUATION WITHIN THE DISTRICT AND THE AMOUNT OF STATE AID TO WHICH THE SCHOOL DISTRICT IS ENTITLED RELATIVE TO THE DISTRICT'S TOTAL PROGRAM, AS DEFINED IN SECTION 22­54­103 (6), C.R.S.

22­43.7­208.  Types of financial assistance. (1)  MONEYS IN THE FUND MAY BE DISTRIBUTED BY THE FUND ADMINISTRATOR IN ACCORDANCE WITH THE PROVISIONS OF THIS PART 2 TO PROVIDE FINANCIAL ASSISTANCE IN THE FOLLOWING FORMS:

(a)  LOANS TO SCHOOL DISTRICTS, MADE AFTER APPROVAL BY THE VOTERS IN THE SCHOOL DISTRICT AND MADE ON THE FOLLOWING CONDITIONS:

(I)  THAT SUCH LOANS ARE MADE AT OR BELOW MARKET INTEREST RATES, INCLUDING INTEREST­FREE LOANS, AT TERMS NOT TO EXCEED TWENTY YEARS;

(II)  THAT ANNUAL PRINCIPAL AND INTEREST PAYMENTS SHALL COMMENCE NOT LATER THAN ONE YEAR AFTER COMPLETION OF THE PROJECT FOR WHICH THE LOAN IS GRANTED, AND THAT ALL LOANS SHALL BE FULLY AMORTIZED NOT LATER THAN TWENTY YEARS AFTER PROJECT COMPLETION;

(III)  THAT THE RECEIVING SCHOOL DISTRICT SHALL ESTABLISH A DEDICATED SOURCE OF REVENUE FOR REPAYMENT OF THE LOAN;

(IV)  THAT THE FUND SHALL BE CREDITED WITH ALL PAYMENTS OF PRINCIPAL AND INTEREST ON ALL LOANS;

(b)  THE PURCHASE OR REFINANCING OF THE DEBT OBLIGATIONS OF A SCHOOL DISTRICT AT OR BELOW MARKET RATES;

(c)  DIRECT GRANTS TO SCHOOL DISTRICTS.

22­43.7­209.  Annual report. (1)  THE MANAGEMENT BOARD, WITH THE ASSISTANCE OF THE FUND ADMINISTRATOR, SHALL ANNUALLY PREPARE AND SUBMIT TO THE STATE BOARD A REPORT CONCERNING IMPLEMENTATION OF THE PROVISIONS OF THIS PART 2. AT A MINIMUM, THE REPORT SHALL INCLUDE:

(a)  A LIST OF THE PROJECTS THAT RECEIVED FINANCIAL ASSISTANCE FROM THE FUND DURING THE PRECEDING YEAR, INCLUDING THE TERMS OF THE FINANCIAL ASSISTANCE PROVIDED AND THE COMMUNITIES SERVED;

(b)  A DESCRIPTION OF THE SHORT­ AND LONG­TERM GOALS FOR ADMINISTRATION OF THE FUND;

(c)  THE CRITERIA AND METHOD ESTABLISHED FOR THE DISTRIBUTION OF MONEYS IN THE FUND.

(b) THE STATE BOARD SHALL SUBMIT COPIES OF THE REPORT PREPARED PURSUANT TO THIS SECTION TO THE GOVERNOR, THE STATE BOARD OF EDUCATION, AND THE JOINT BUDGET COMMITTEE AND EDUCATION COMMITTEES OF THE GENERAL ASSEMBLY. IN ADDITION, THE STATE BOARD MAY SUBMIT COPIES OF THE REPORT TO ANY SCHOOL DISTRICT OR ANY INTERESTED PERSON UPON REQUEST.".

Renumber succeeding sections accordingly.

Respectfully submitted,

Senate Committee: House Committee:

Norma Anderson Marcy Morrison

Dottie Wham Gayle Berry

Peggy Reeves Todd Saliman

______________

CONSIDERATION OF CONFERENCE COMMITTEE REPORT

SB99-132 by Senator Anderson; also Representative Morrison--Concerning use of moneys received pursuant to the tobacco litigation settlement.

Representative Morrison moved to lay over SB99-132 until May 6.

Pursuant to House Rule 16, Representative Dean moved "Shall the main question be now put?" The motion was declared passed by the following roll call vote:

YES 41 NO 24 EXCUSED 0 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 Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. N

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Representative Morrison's motion to lay SB99-132 over until May 6 was declared passed by the following roll call vote:

YES 42 NO 23 EXCUSED 0 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 Y

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 Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y


Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. N

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

_______________

House in recess. House reconvened.

________________

REPORT OF SINE DIE COMMITTEE

The Committee appointed pursuant to HJR99-1061 reported that they had notified Governor Owens that the First Regular Session of the Sixty­second General Assembly was ready to adjourn sine die.

_______________

The following bills did not receive final action in the House:

HB99-1194, SB99-022 (consideration of adherence)

SJR99-036, 050 (for final adoption)

_______________

The hour of 9:59 p.m., having arrived, and both the House of Representatives and the Senate being in agreement, on motion of Representative Dean, the First Regular Session of the Sixty-second General Assembly was declared adjourned sine die.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk