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

SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

94th Legislative Day Friday, April 9, 1999

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

Order

Prayer By the chaplain, Rev. Glen Hamlyn, Rocky Mountain Cathedral

Roll Call Present--Total, 29.

Absent/Excused--Dennis, Lacy, Tanner, Wattenberg, Weddig, Wham--Total, 6.

Present later--Dennis, Lacy, Tanner.

Quorum The President announced a quorum present.

Reading of On motion of Senator Dyer, reading of the Journal of April 8th was

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

SENATE SERVICES REPORT

Senate Correctly enrolled: SB 99-14, 43, 109, 114, 123, 141.

Services

Correctly engrossed: SB 99-48, 116, 147, 217.

Correctly revised: HB 99-1314.

INTRODUCTION OF BILL--FIRST READING

The following bill was read by title and referred to the committee indicated:

SB 99-225 by Senators Anderson and Powers--Concerning vacancies in candidacies for elective office.

State, Veterans, & Military Affairs

SIGNING OF BILL

The President has signed: SB99-14, 43, 109, 114, 123, 141.

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of SJR99-028.

______________________________

CONSIDERATION OF RESOLUTION

SJR 99-028 by Senator Blickensderfer; also Representative Dean--Concerning a change in the deadline for adoption of the conference committee report on the long appropriation bill.

On motion of Senator Blickensderfer, the Resolution was ADOPTED by the following roll

call vote:

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
E
Perlmutter
Y
Wattenberg
E

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
E

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
E

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

Co-sponsor added: Chlouber.

THIRD READING OF BILLS--FINAL PASSAGE

On Third Reading, the titles of the following bills were publicly read, the reading at length having been dispensed with by unanimous consent:

HB 99-1314 by Rep. Dean; Senator Blickensderfer--Legislative Branch Administration

The question being "Shall the bill pass?" the roll was called with the following result:

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
E
Perlmutter
Y
Wattenberg
E

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
E

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
E

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsor added: Powers.

SB 99-217 by Sen. Anderson; Rep. Spradley--Bank Holding Co Subs Underwrite Ins

The question being "Shall the bill pass?" the roll was called with the following result:

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
E
Perlmutter
Y
Wattenberg
E

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
E

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
E

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.


SB 99-147 by Sen. Tanner--Raise Benefits For Jurors And Witnesses

The question being "Shall the bill pass?" the roll was called with the following result:

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
E
Perlmutter
Y
Wattenberg
E

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
E

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
E

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Congrove, Epps, Martinez, Musgrave, Pascoe, Powers, Rupert.

SB 99-116 by Sen. Grampsas and Feeley; also Rep. Pfiffner--Add A District Judge In The First Dist

The question being "Shall the bill pass?" the roll was called with the following result:

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
E
Perlmutter
Y
Wattenberg
E

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
E

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
E

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

A two-thirds majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Anderson, Andrews, Congrove, Dyer, Epps, Evans, Hernandez, Hillman, Musgrave, Nichol, Owen, Perlmutter, Powers, Reeves, Rupert, Tebedo, Teck.

SB 99-048 by Sen. Blickensderfer; Rep. McPherson--Crime Of Motor Vehicle Theft

The question being "Shall the bill pass?" the roll was called with the following result:

YES 26

NO 5

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
N
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
E
Perlmutter
Y
Wattenberg
E

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
E

Dennis
Y
Linkhart
N
Reeves
Y
Wham
E

Dyer
Y
Martinez
N
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Epps, Powers, Sullivant.

Committee On motion of Senator Congrove, the Senate resolved itself into Committee of the Whole

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

Whole as Chairman.

GENERAL ORDERS--SECOND READING OF BILLS

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

HB 99-1189 by Rep. May; Senator Andrews--Collection Of Political Funds

Laid on the table.

SB 99-083 by Sen. Owen; Rep. Berry--Foreign Capital Depositories

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, January 28, pages 129-132.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, March 30, pages 631-632.)

Amendment No. 3, by Senator Owen

Amend the Business Affairs and Labor committee amendment, as printed in Senate Journal, January 28, page 129, strike line 30, and substitute the following:

"Amend printed bill, page 5, line 15, strike "AND THE DEPARTMENT OF LAW," and substitute "AND THE DISTRICT ATTORNEYS OF THE STATE,";

line 16, strike "ADMINISTERING AND";

after line 26, insert the following:";

strike lines 43 through 46 of the committee amendment, and substitute the following:

"Page 10, strike lines 1 through 3, and substitute the following:

"CONTENDERE TO ANY CRIME INVOLVING FRAUD, THEFT, RACKETEERING, OR MONEY LAUNDERING OR CONSPIRACY TO COMMIT ANY SUCH CRIME, PURSUANT TO THE LAWS OF THIS OR ANY OTHER STATE OR OF THE UNITED STATES, INCLUDING, WITHOUT LIMITATION, THE FEDERAL "BANK SECRECY ACT";".

Page 131 of the committee amendment, after line 5, insert the following:

"Page 23, line 14, strike "AND THE ATTORNEY";

line 15, strike "GENERAL".";

after line 12 of the committee amendment, insert the following:

"Page 29, line 18, strike "SCOPE AND";

line 19, after "WITH", insert "REASONABLE".";

strike line 25 of the committee amendment, and substitute the following:

"strike lines 6 through 9.

Renumber succeeding subsections accordingly.

Page 30, line 18, before "A FOREIGN", insert "(a)";";

strike line 28 of the committee amendment, and substitute the following:

"PARAGRAPH (b) OF THIS SUBSECTION (3), A";

line 26, strike "(4)" and substitute "(3)".";

line 32 of the committee amendment, strike "(4)" and substitute "(3)";

strike line 37 of the committee amendment, and substitute the following:

"PERSON.";

strike lines 11 through 16, and substitute the following:

"AFTER CONTACT BY A LAW ENFORCEMENT AGENCY AND PRESENTATION OF SUCH REASONABLE BELIEF, THE FOREIGN CAPITAL DEPOSITORY MAY LAWFULLY DISCLOSE RELEVANT FINANCIAL RECORDS PURSUANT TO SECTION 11­37.5­204 (2).".";

strike lines 44 and 45 of the committee amendment, and substitute the following:

"Page 35, line 6, strike "4 (e)" and substitute "4";

line 15, strike "SECTION;" and substitute "SECTION UNLESS AUTHORIZED BY FEDERAL LAW;";

line 18, strike "INFERENCE" and substitute "BELIEF";

line 20, strike "(c)" and substitute "(b)";

strike lines 22 through 25;

line 26, strike "(c)" and substitute "(b)".";

strike lines 49 through 51 of the committee amendment, and substitute the following:

"Page 38, line 6, strike "THIRTY" and substitute "NINETY";

line 7, strike "A WRITTEN";

line 8, strike "SHOWING" and substitute "THE RECORD";

line 10, strike "THIRTY­DAY" and substitute "NINETY­DAY", and strike "UPON A";

line 11, strike "WRITTEN SHOWING," and substitute "UPON THE RECORD,";

strike lines 24 through 26.

Page 39, strike lines 1 through 18, and substitute the following:

"(3)  A GRAND JURY MAY OBTAIN FINANCIAL RECORDS PURSUANT TO A JUDICIAL SUBPOENA CONCERNING ANY INVESTIGATION WITHIN THE JURISDICTION OF THE GRAND JURY. THE JUDICIAL SUBPOENA SHALL COMPLY WITH THE REQUIREMENTS OF THIS SECTION.";

line 20, strike "OR A FOREIGN CAPITAL DEPOSITORY";

line 22, strike "UPON EITHER OF THEM";

strike line 26, and substitute the following:

"(a)  THE SUBPOENA IS OVERBROAD AS TO THE FINANCIAL RECORD SOUGHT;".

Page 40, strike line 1;

line 2, after "THE" insert "PRODUCTION OR";

strike lines 5 through 25, and substitute the following:

"(c)  THE INVESTIGATION FOR WHICH THE RECORD IS SOUGHT IS NOT FOR A LAWFULLY AUTHORIZED PURPOSE; OR

(d)  THE RECORD SOUGHT IS NOT RELEVANT TO THE INVESTIGATION.".

Renumber succeeding subsections accordingly.

Page 41, strike lines 9 through 15, and substitute the following:";

line 53 of the committee amendment, strike ""(6)" and substitute ""(4)";

line 58 of the committee amendment, strike "THIRTY" and substitute "NINETY";

strike line 65 of the committee amendment.

Page 132 of the committee amendment, strike line 14, and substitute the following:

"UNDER THIS ARTICLE.";

"line 13, strike "SHALL, AT THE REQUEST OF A";

strike lines 14 through 23, and substitute the following:

"SHALL MAKE REASONABLE EFFORTS TO PROTECT THE CONFIDENTIAL NATURE OF A FINANCIAL RECORD WITHOUT HINDERING A LAWFUL INVESTIGATION.".

Page 44, strike lines 9 through 15.

Renumber succeeding C.R.S. sections accordingly.

Page 44, line 26, strike "CLASS 6 FELONY" and substitute "CLASS 1 MISDEMEANOR".

Page 45, line 1, strike "18­1­105," and substitute "18­1­106,".

Page 57, line 8, strike "11­37.5­215," and substitute "11­37.5­214,".

Page 58, line 4, strike "11­37.5­216," and substitute "11­37.5­215,".".

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

SB 99-100 by Sen. Andrews; Rep. Dean--Charter Schools Expansion

Laid over until Monday, April 12, retaining its place on the calendar.

HB 99-1319 by Rep. Hoppe; Senator Wattenberg--Livestock Designated Diseases

Laid over until Monday, April 12, retaining its place on the calendar.

SB 99-093 by Sen. Dennis; Rep. Dean--State Grants For Libraries

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, March 31, page 645.)

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

HB 99-1326 by Rep. McElhany; Senator Owen--Urban Renewal

Laid over until the next Special Orders calendar, Friday, April 9.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Congrove, the Report of the Committee of the Whole

was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:

SB99-83 as amended, 99-093 as amended, declared passed on Second Reading.

SB99-100; HB99-1319 laid over until Monday, April 12, retaining their place on the

calendar.

HB99-1189 laid on the table.

HB99-1326 laid over until the next Special Orders calendar, retaining its place on the

calendar.

__________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SB99-084, 99-130, 99-145, 99-154, 99-040,

99-075, 99-079, 99-081, 99-023, 99-220; HB99-1317, 99-1326 were made Special Orders

at 9:51 a.m.

__________________________

Committee The hour of 9:51 a.m. having arrived, Senator Congrove moved that the Senate resolve

of the itself into Committee of the Whole for consideration of Special Orders and Senator

Whole Congrove was called to the Chair to act as Chairman.

SPECIAL ORDERS--SECOND READING OF BILLS--9:51 A.M.

The Committee of the Whole having risen, the Chairman reported that the following bills, reading at length having been dispensed with by unanimous consent, had been considered

and action taken thereon as follows:

SB 99-084 by Sen. Chlouber--Concealed Handgun Permits

Laid over until Monday, April 12, retaining first place on the calendar.

SB 99-130 by Sen. Wham; Rep. Kaufman--Juvenile Laws

Laid over until Monday, April 12, retaining its place on the calendar.

SB 99-145 by Sen. Wattenberg; Rep. Taylor--Air Quality Standards For Public Lands

Laid over until Monday, April 12, retaining its place on the calendar.

SB 99-154 by Sen. Evans; Rep. Gotlieb--Performance-based Teacher Ed

Laid over until Monday, April 12, retaining its place on the calendar.

SB 99-040 by Sen. Thiebaut; Rep. Smith--Statewide Transportation Policy

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, February 17, page 300.)

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

SB 99-081 by Sen. Chlouber; Rep. Young--Regulation Of Animal Racing

Laid over until Monday, April 12, retaining its place on the calendar.

SB 99-023 by Sen. Arnold; Rep. Keller--Circumvention Of D&N For MH Services

Laid over until Monday, April 12, retaining its place on the calendar.

SB 99-220 by Sen. Lamborn; Rep. Kaufman--Colo Uniform Custodial Trust Act

Laid over until Monday, April 12, retaining its place on the calendar.

HB 99-1317 by Rep. Spradley; Senator Chlouber--Inspector General & Investigators Of DOC

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, April 8, page 713.)

Amendment No. 2, by Senator Chlouber

Amend reengrossed bill, page 3, after line 19, insert the following:

"(3)  IN ADDITION TO THE DUTIES SET FORTH IN SUBSECTION (2) OF THIS SECTION, THE INSPECTOR GENERAL SHALL HAVE THE AUTHORITY TO PERFORM ANY FUNCTIONS OF INVESTIGATORS AS PERMITTED BY PARAGRAPH (c) OF SUBSECTION (5) OF THIS SECTION OR AS REQUIRED BY PARAGRAPH (d) OF SUBSECTION (5) OF THIS SECTION.".

Renumber succeeding subsections accordingly.

Page 4, line 4, strike "PARAGRAPH (c) OF THIS SUBSECTION (4)" and substitute "PARAGRAPHS (c) AND (d) OF THIS SUBSECTION (5)";

line 5, strike "INVESTIGATOR, WHENEVER PRACTICABLE," and substitute "INVESTIGATOR".

Amendment No. 3, by Senator Perlmutter

Amend reengrossed bill, page 2, line 18, strike "FACILITIES." and substitute "FACILITIES, PUBLIC OR PRIVATE.".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 99-1326 by Rep. McElhany; Senator Owen--Urban Renewal

Amendment No. 1, by Senator Owen

Amend reengrossed bill, page 3, after line 6, insert the following:

"(l)  IF THERE IS NO OBJECTION BY THE PROPERTY OWNER OR OWNERS AND THE TENANT OR TENANTS OF SUCH OWNER OR OWNERS, IF ANY, TO THE INCLUSION OF SUCH PROPERTY IN AN URBAN RENEWAL AREA, "BLIGHTED AREA" ALSO MEANS AN AREA THAT, IN ITS PRESENT CONDITION AND USE AND, BY REASON OF THE PRESENCE OF ANY ONE OF THE FACTORS SPECIFIED IN PARAGRAPHS (a) TO (k) OF THIS SUBSECTION (2), SUBSTANTIALLY IMPAIRS OR ARRESTS THE SOUND GROWTH OF THE MUNICIPALITY, RETARDS THE PROVISION OF HOUSING ACCOMMODATIONS, OR CONSTITUTES AN ECONOMIC OR SOCIAL LIABILITY, AND IS A MENACE TO THE PUBLIC HEALTH, SAFETY, MORALS OR WELFARE. FOR PURPOSES OF THIS PARAGRAPH (l), THE FACT THAT AN OWNER OF AN INTEREST IN SUCH PROPERTY DOES NOT OBJECT TO THE INCLUSION OF SUCH PROPERTY IN THE URBAN RENEWAL AREA DOES NOT MEAN THAT THE OWNER HAS WAIVED ANY RIGHTS OF SUCH OWNER IN CONNECTION WITH LAWS GOVERNING CONDEMNATION.".

Page 4, strike line 6, and substitute "EXCEPT FOR URBAN RENEWAL PLANS SUBJECT TO SECTION 31­25­103 (2) (l), THE BOUNDARIES OF AN AREA THAT THE GOVERNING BODY DETERMINES".

Page 5, strike line 23 and substitute "EXCEPT FOR URBAN RENEWAL PLANS SUBJECT TO SECTION 31­25­103 (2) (l), IF THE URBAN RENEWAL PLAN CONTAINS PROPERTY THAT WAS".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

SB 99-075 by Sen. Reeves; Rep. Kaufman--Support Obligations

Amendment No. 1, Health, Environment, Welfare and Institutions Amendment

(Printed in Senate Journal, February 1, pages 145-147.)

Amendment No. 2, by Senator Reeves

Amend the Health, Environment, Welfare and Institutions Committee amendment, as printed in Senate Journal, February 1, page 145, after line 58, insert the following:

"Page 3, after line 1, insert the following:

"SECTION 2.  14­10­115 (3.5), Colorado Revised Statutes, is amended to read:

14­10­115.  Child support ­ guidelines ­ schedule of basic child support obligations ­ repeal.  (3.5)  All child support orders entered pursuant to this article shall provide the social security numbers and dates of birth of the PARTIES AND OF THE children who are the subject of the order. and the following information about the parties:

(a)  The parties' social security numbers;

(b)  The parties' residential and mailing addresses;

(c)  The parties' telephone numbers;

(d)  The parties' driver's license numbers; and

(e)  The name, address, and telephone number of the parties' employers.

SECTION 3.  14­14­111.5 (2) (f) (II), Colorado Revised Statutes, is amended to read:

14­14­111.5.  Income assignments for child support or maintenance. (2)  Notice requirements for income assignments.  Notice of income assignments shall be given in accordance with the following provisions based upon the date on which the order sought to be enforced was entered:

(f)  Orders entered on or after July 1, 1996.  (I)  Whenever an obligation for child support, maintenance, child support when combined with maintenance, retroactive support, medical support, child support arrears, or child support debt is initially determined, whether temporary or permanent or whether modified, the amount of child support, maintenance, child support when combined with maintenance, retroactive support, medical support, child support arrears, or child support debt shall be ordered by the court or delegate child support enforcement unit to be activated immediately as an income assignment subject to section 13­54­104 (3), C.R.S., from the income, as defined in section 14­10­115 (7), that is due or is to become due in the future from the obligor's employer, employers, or successor employers or other payor of funds, regardless of the source, of the person obligated to pay the child support, maintenance, child support when combined with maintenance, retroactive support, medical support, child support arrears, or child support debt.

(II)  Any order for support shall include the following, if available:

(A)  The name, date of birth, and sex of each child for whom the support is ordered;

(B)  The obligee's name, social security number, mailing address, sex, residential address, telephone number, and driver's license number and the name, address, and telephone number of the obligee's employer AND DATE OF BIRTH;

(C)  The total amount of current support to be paid monthly in each category of support;

(D)  The date of commencement of the order and the date or dates of the month that the payments are due;

(E)  The total amount of arrears that is due, if any, in each category of support as of the date of the order; AND

(F)  The obligor's name, social security number, mailing address, sex, residential address, telephone number, and driver's license number; and AND DATE OF BIRTH;

(G)  The name, telephone number, and address of the obligor's employer or employers.".

Renumber succeeding sections accordingly.

Page 3, line 16, strike "(2)," and substitute "(2) and (9)," and strike "is" and substitute "are";

after line 24, insert the following:

"(9)  All child support orders entered pursuant to this article shall include the social security numbers and dates of birth of the PARTIES AND OF THE children who are the subject of the order. and the following information about the parties:

(a)  The parties' social security numbers;

(b)  The parties' residential and mailing addresses;

(c)  The parties' telephone numbers;

(d)  The parties' driver's license numbers; and

(e)  The name, address, and telephone number of the parties' employers.

SECTION 6.  19­6­104 (5.5), Colorado Revised Statutes, is amended to read:

19­6­104.  Hearing ­ orders. (5.5)  All child support orders entered pursuant to this article shall include the social security account numbers and dates of birth of the PARTIES AND OF THE children who are the subjects of the order. and the following information about the parties:

(a)  The parties' social security numbers;

(b)  The parties' residential and mailing addresses;

(c)  The parties' telephone numbers;

(d)  The parties' driver's license numbers; and

(e)  The name, address, and telephone number of the parties' employers.".

Renumber succeeding sections accordingly.";

line 62, strike "6." and substitute "9.".

Page 147, line 36, strike "8." and substitute "11.";

line 54, strike "C.R.S."." and substitute "C.R.S.";

after line 54, insert the following:

"SECTION 12.  26­13.5­105 (1) (d), (1) (e), and (1) (f), Colorado Revised Statutes, are amended to read:

26­13.5­105.  Negotiation conference ­ issuance of order of financial responsibility ­ filing of order with district court. (1)  Every obligor who has been served with a notice of financial responsibility pursuant to section 26­13.5­104 shall appear at the time and location stated in the notice for a negotiation conference or shall reschedule a negotiation conference prior to the date and time stated in the notice. The negotiation conference shall be scheduled not more than thirty days after the date of the issuance of the notice of financial responsibility. A negotiation conference shall not be rescheduled more than once and shall not be rescheduled for a date more than ten days after the date and time stated in the notice without good cause as defined in rules and regulations promulgated pursuant to section 26­13.5­113. If a negotiation conference is continued, the obligor shall be notified of such continuance by first­class mail or by hand delivery. If a stipulation is agreed upon at the negotiation conference as to the obligor's duty of support, the delegate child support enforcement unit shall issue an administrative order of financial responsibility setting forth the following:

(d)  The name, birth date, and social security number of the child PARTIES AND OF THE CHILDREN for whom support is being sought. and the following information about the parties:

(I)  The parties' social security numbers;

(II)  The parties' residential and mailing addresses;

(III)  The parties' telephone numbers;

(IV)  The parties' driver's license numbers; and

(V)  The name, address, and telephone numbers of the parties' employers;

(e)  The information required by section 14­14­111.5 (2) (f) (II), C.R.S.;

(f)  Such other information set forth in rules and regulations promulgated pursuant to section 26­13.5­113.".";

strike lines 58 through 60 and substitute the following:

"Page 6, line 22, strike "section 5" and substitute "section 8";

strike line 24 and substitute the following:

"(2) (a)  Sections 4 and 5 of this act shall apply to orders entered";

line 26, strike "Section 6" and substitute "Section 9".

Page 7, line 2, strike "Section 7" and substitute "Section 10".".

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

SB 99-079 by Sen. Owen--Disabled Parking Privileges

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, February 4, page 164.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 8, page 712.)

Amendment No. 3, by Senator Owen

Amend printed bill, page 6, line 21, after the period, add "THIS PARAGRAPH (c) SHALL TAKE EFFECT JULY 1, 2000, AND SHALL APPLY TO ANY VIOLATIONS OCCURRING ON OR AFTER JULY 1, 2000.".

Page 13, after line 14, insert the following:

"(e)  THIS SUBSECTION (12) SHALL TAKE EFFECT JULY 1, 2000, AND SHALL APPLY TO ANY VIOLATIONS OCCURRING ON OR AFTER JULY 1, 2000.

(13) (a)  FOR PURPOSES OF THIS SUBSECTION (13), "HOLDER" MEANS A PERSON WITH A DISABILITY AS DEFINED IN SECTION 42­3­121 (1) (b) WHO HAS LAWFULLY OBTAINED A LICENSE PLATE OR PLACARD ISSUED PURSUANT TO SECTION 42­3­121 (2) OR AS OTHERWISE AUTHORIZED BY SUBSECTION (4) OF THIS SECTION.

(b)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRARY, A HOLDER IS LIABLE FOR ANY PENALTY OR FINE AS SET FORTH IN THIS SECTION OR SECTION 42­3­121 OR FOR ANY MISUSE OF A DISABLED LICENSE PLATE OR PLACARD, INCLUDING THE USE OF SUCH PLATE OR PLACARD BY ANY PERSON OTHER THAN A HOLDER, UNLESS THE HOLDER CAN FURNISH SUFFICIENT EVIDENCE THAT THE LICENSE PLATE OR PLACARD WAS, AT THE TIME OF THE VIOLATION, IN THE CARE, CUSTODY, OR CONTROL OF ANOTHER PERSON WITHOUT THE HOLDER'S KNOWLEDGE OR CONSENT.

(c)  A HOLDER MAY AVOID THE LIABILITY DESCRIBED IN PARAGRAPH (b) OF THIS SUBSECTION (13) IF, WITHIN A REASONABLE TIME AFTER NOTIFICATION OF THE VIOLATION, THE HOLDER FURNISHES TO THE PROSECUTORIAL DIVISION OF THE APPROPRIATE JURISDICTION THE NAME AND ADDRESS OF THE PERSON WHO HAD THE CARE, CUSTODY, OR CONTROL OF SUCH LICENSE PLATE OR PLACARD AT THE TIME OF THE VIOLATION OR THE HOLDER REPORTS SAID LICENSE PLATE OR PLACARD LOST OR STOLEN TO BOTH THE APPROPRIATE LOCAL LAW ENFORCEMENT AGENCY AND THE DEPARTMENT.".

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Congrove, the Report of the Committee of the Whole was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:

SB99-040 as amended, 99-075 as amended, 99-079 as amended, HB99-1317 as amended,

99-1326 as amended, declared passed on Second Reading.

SB99-084, 99-130, 99-145, 99-154, 99-081, 99-023, 99-220 laid over until Monday,

April 12, retaining their place on the calendar.


CONSIDERATION OF RESOLUTIONS

SJR 99-026 by Senator Hillman; also Representative King--Concerning international freedom from persecution for religious beliefs.

Amendment No. 1, by Senator Hillman

Amend printed resolution, page 2, line 14, after "North Korea,", insert "Pakistan,";

after line 22, insert the following:

"WHEREAS, The Nazi Holocaust resulted in the murder of some

six million Jews, while millions more were beaten, tortured, and raped; and".

A majority of all members elected to the Senate having voted in the affirmative, the amendment was adopted.

On motion of Senator Hillman, the Resolution was ADOPTED with the following roll

call vote:

YES 32

NO 0

EXCUSED 3

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
E

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
E

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
E

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

Co-sponsors added: Anderson, Andrews, Arnold, Blickensderfer, Chlouber, Congrove,

Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Lacy, Lamborn, Linkhart, Martinez,

Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Phillips, Powers, Reeves,

Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut.

SJR 99-027 by Senators Owen; also Representatives Spence--Postal Rate Commission authority.

On motion of Senator Owen, the Resolution was ADOPTED with the following roll

call vote:

YES 29

NO 3

EXCUSED 3

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
E

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
E

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
E

Dyer
Y
Martinez
Y
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

______________________________

On motion of Senator Blicksensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Conference Committee Report.

______________________________

CONSIDERATION OF CONFERENCE COMMITTEE REPORT

HB 99-1160 by Rep. Fairbank; Sen. Dyer--Canvass Of Elections

Senator Dyer moved for the adoption of the First Report of the First Conference

Committee on HB99-1160, printed in Senate Journal, April 6, pages 701-702. The

motion was adopted by the following roll call vote:

YES 32

NO 0

EXCUSED 3

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
E

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
E

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
E

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

The question being "Shall the bill, as amended, pass?" the roll was called with the following result:

YES 32

NO 0

EXCUSED 3

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
E

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
E

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
E

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill, as

amended, was declared REPASSED.

CONFERENCE COMMITTEE GRANTED FURTHER POWERS

HB 99-1017 by Rep. Chavez; Senator Reeves--Appeals Of Ind Resp Contracts

Senator Reeves moved that the Senate Conferees on the First Conference Committee on

HB99-1017 be given the powers to go beyond the scope of the differences between the

two Houses.

A majority of all members elected to the Senate having voted in the affirmative, the motion was adopted.

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Friday, April 9, was laid over until Monday, April 12, retaining its place on the calendar.

______________________________

COMMITTEE OF REFERENCE REPORTS

State, After consideration on the merits, the committee recommends that HB99-1280 be

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

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 4, line 16, after "ESTABLISHED", insert "OR AUTHORIZED".

Page 6, after line 20, insert the following:

"(3)  EVERY DECISION TO DENY AN APPLICATION FOR APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN SHALL CITE THE SPECIFIC ORDINANCE, REGULATION, OR OTHER LAW ON WHICH SUCH DENIAL IS BASED.".

Page 7, line 12, strike "PLAN;" and substitute "PLAN OR ANY OTHER LAND USE APPROVAL;";

line 16, strike "PLAN;" and substitute "PLAN OR ANY OTHER LAND USE APPROVAL;";

line 20, strike "PLAN;" and substitute "PLAN OR ANY OTHER LAND USE APPROVAL;";

line 23, strike "PLAN; OR" and substitute "PLAN OR ANY OTHER LAND USE APPROVAL; OR".

Page 9, line 17, after "FOR", insert "AT LEAST";

line 18, strike "PLAN." and substitute "PLAN AND SHALL CONTINUE TO REMAIN VESTED SO LONG AS THE LANDOWNER CONTINUES DILIGENTLY TO PURSUE COMPLETION OF THE DEVELOPMENT.".

Page 12, line 9, strike "SHALL" and substitute "MAY";

line 20, strike "STATUTE" and substitute "ORDINANCE OR RESOLUTION".

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: SB99-219

Education The Committee on Education has had under consideration and has had a hearing on the following appointment and recommends that the appointment be confirmed:

COLORADO COMMISSION ON

HIGHER EDUCATION

effective February 1, 1999, for a term expiring July 1, 1999:

Ralph Nagel of Denver, Colorado, to replace Thomas E. Norton who has resigned, and to serve as a representative of the First Congressional District, and as a Republican, appointed;


Education The Committee on Education has had under consideration and has had a hearing on the following appointment and recommends that the appointment be confirmed:

BOARD OF TRUSTEES OF THE

STATE COLLEGES IN COLORADO

for a term expiring July 1, 2001:

William T. Martin of Colorado Springs, Colorado, appointed.

Trans- After consideration on the merits, the committee recommends that SB99-208 be

portation amended as follows and, as so amended, be referred to the Committee on Appropriations

with favorable recommendation:

Amend printed bill, page 1, line 6, after "(A)", insert "NO PURCHASER OR SELLER OF A MOTOR VEHICLE SHALL BE REQUIRED TO OBTAIN A NEW INSPECTION OR CERTIFICATE OF EMISSIONS COMPLIANCE UPON THE SALE OR TRANSFER OF A MOTOR VEHICLE IF AT THE TIME OF SALE OR TRANSFER SUCH MOTOR VEHICLE HAS A VALID, CURRENT CERTIFICATE OF EMISSIONS COMPLIANCE.".

Trans- The Committee on Transportation has had under consideration and has had a hearing on portation the following appointment and recommends that the appointment be confirmed:

TRANSPORTATION COMMISSION

for a term expiring July 1, 2001:

Joseph B. Blake of Denver, Colorado, to serve as a member from Transportation District 1 and to fill a vacancy occasioned by the resignation of Robert E. Botts, appointed.

Trans- The Committee on Transportation has had under consideration and has had a hearing on the portation following appointment and recommends that the appointment be confirmed:

COLORADO AERONAUTICAL BOARD

for terms expiring December 19, 2001:

Harold W. Patton, Jr., of Greenwood Village, Colorado, to serve as an aviation issues representative, appointed.

James Fritze of Eagle, Colorado, to serve as a representative of local government from the western slope, reappointed;

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

Environment, referred favorably to the Committee on Business Affairs & Labor: SB99-224

Welfare and

Institutions


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

Environment, referred favorably to the Committee on Appropriations: HB99-1238

Welfare and

Institutions

Health, After consideration on the merits, the committee recommends that HB99-1299 be

Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations

Welfare and with favorable recommendation:

Institutions

Amend reengrossed bill, page 2, line 10, after "agency", insert "APPROVED BY THE STATE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 19­5­207.5 (2)".

Page 5, line 8, strike "AND IMPLEMENT, WITH" and substitute "AN APPROVED VENDOR LIST OF QUALIFIED HOME STUDY PROVIDERS BY REGION, STANDARDIZED INVESTIGATION CRITERIA, AND MINIMUM UNIFORM ADOPTIVE HOME STUDY REPORT STANDARDS";

strike lines 9 and 10;

line 11, strike "ADOPTIVE HOME STUDIES";

line 14, strike "Contracts" and substitute "Approved vendor lists";

line 19, strike "IMPLEMENT A STATEWIDE PROCESS FOR" and substitute "DEVELOP AN APPROVED VENDOR LIST OF COUNTY DEPARTMENTS, INDIVIDUALS, AND CHILD PLACEMENT AGENCIES QUALIFIED TO PREPARE";

line 20, strike "PREPARING";

strike lines 22 through 26.

Page 6, strike lines 1 through 16 and substitute the following:

"(b) (I)  ON OR BEFORE JANUARY 1, 2000, THE DEPARTMENT SHALL ISSUE A PUBLIC REQUEST FOR APPLICATIONS FROM COUNTY DEPARTMENTS OF SOCIAL SERVICES, INDIVIDUALS, AND CHILD PLACEMENT AGENCIES DESIROUS OF CONDUCTING INVESTIGATIONS AND PREPARING WRITTEN HOME STUDY REPORTS FOR PROSPECTIVE PUBLIC ADOPTIONS IN SPECIFIED COUNTIES OR GEOGRAPHIC REGIONS. THE DEPARTMENT SHALL REVIEW THE APPLICATIONS IT RECEIVES AND SHALL DETERMINE WHICH APPLICANTS MEET THE QUALIFYING CRITERIA IDENTIFIED BY THE STATE BOARD OF HUMAN SERVICES PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH (b). EACH COUNTY DEPARTMENT OF SOCIAL SERVICES, INDIVIDUAL, OR CHILD PLACEMENT AGENCY THAT MEETS THE QUALIFYING CRITERIA SHALL BE PLACED ON THE APPROVED VENDOR LIST OF HOME STUDY REPORT PROVIDERS.";

line 17, strike "(B)" and substitute "(II)";

line 20, strike "CONTRACT WITH THE DEPARTMENT" and substitute "QUALIFY AS AN APPROVED VENDOR";

line 21, strike "SUBPARAGRAPH (II)" and substitute "PARAGRAPH (b)";

line 24, strike "PROPOSALS" and substitute "APPLICATIONS".

Page 7, line 1, strike "CONTRACTED WITH" and substitute "BEEN APPROVED BY";

line 2, strike "PARAGRAPH (c) OF THIS SUBSECTION (2)," and substitute "THIS PARAGRAPH (b),";

line 3, before "COUNTY", insert "SPECIFIED";

strike line 4 through 7 and substitute the following:

"REGION.

(c)  ALL QUALIFIED COUNTY DEPARTMENTS OF SOCIAL SERVICES, INDIVIDUALS, AND CHILD PLACEMENT AGENCIES APPROVED BY THE DEPARTMENT TO CONDUCT HOME STUDIES PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (2)";

line 7, strike "SELECTED THEREBY";

line 13, strike "THE CONTRACTS SHALL ALSO SPECIFY";

strike lines 14 through 19 and substitute the following:

(d)  EACH QUALIFIED COUNTY DEPARTMENT OF SOCIAL";

line 20, strike "THE QUALIFIED" and strike the second "THE";

line 21 strike "CONTRACTING WITH" and substitute "APPROVED BY";

line 26, after "ALL", insert "QUALIFIED" and strike "QUALIFIED".

Page 8, line 1, strike "WITH WHICH" and substitute "APPROVED BY";

line 2, strike "CONTRACTS";

line 7, before "COUNTY", insert "QUALIFIED";

line 8, strike "THE QUALIFIED" and strike the second "THE";

line 9, strike "CONTRACTING WITH EITHER THE DEPARTMENT OR THE COUNTY" and substitute "APPROVED BY THE DEPARTMENT";

line 10, strike "DEPARTMENTS OF SOCIAL SERVICES";

line 13, strike "QUALIFIED";

line 16, strike "QUALIFIED";

line 20, strike "QUALIFIED";

line 24, strike "THAT COMPLETED, OR CONTRACTED TO";

strike lines 25 and 26.

Page 9, line 1, strike "PRECEDING CALENDAR YEAR";

line 2, strike the second "A" and substitute "AN";

line 3, strike "QUALIFIED";

line 9, strike "A QUALIFIED" and substitute "AN";

line 14, strike "A QUALIFIED" and substitute "AN".

Page 12, strike line 15 and substitute the following:

"QUALIFIED county department of social services, INDIVIDUAL, or a";

line 16, strike "agency," and substitute "agency APPROVED BY THE STATE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 19­5­207.5 (2),";

line 17, strike "QUALIFIED".

Health, The Committee on Health, Environment, Welfare and Institutions has had under

Environment, consideration and has had a hearing on the following appointments and recommends that

Welfare and the appointments be confirmed:

Institutions

MEMBERS OF THE CHILDREN'S

BASIC HEALTH PLAN POLICY BOARD

for terms expiring June 30, 2001:

John L. Moss of Grand Junction, Colorado, to serve as a representative of business, appointed;

Lynn S. Dierker of Denver, Colorado, to serve as a representative of the health care industry, appointed;

for terms expiring June 30, 2002:

Doris J. Biester, Ph.D., of Denver, Colorado, to serve as a representative of the health care industry, appointed;

for terms expiring June 30, 2002:

Thomas Williams of Golden, Colorado, to serve as a representative of business;

William N. Lindsay III of Englewood, Colorado, to serve as a representative of the health care industry;

Marguerite Salazar of Alamosa, Colorado, to serve as a representative of essential community providers.

Health, The Committee on Health, Environment, Welfare and Institutions has had under

Environment, consideration and has had a hearing on the following appointments and recommends that

Welfare and the appointments be confirmed:

Institutions

STATE BOARD

OF HUMAN SERVICES

for terms expiring March 1, 2003:

The Honorable John L. Klomp of Pueblo, Colorado, to serve as County Commissioner, reappointed;

Youlon D. Savage of Denver, Colorado, to serve as a public member, reappointed;

The Honorable Barbara J. Kirkmeyer of Brighton, Colorado, to serve as County Commissioner, replacing the Honorable Shirley Garner, appointed;

The Honorable Harold R. Klein, Jr., of La Junta, Colorado, to serve as County Commissioner, replacing the Honorable James E. Johnson, Jr., appointed;

Arthur W. Hogling, Ph.D., of Evergreen, Colorado, to serve as a public member, replacing Cameron Jane Learned, appointed.

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

Veterans, referred favorably to the Committee of the Whole: SB99-218

and Military

Affairs

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

Veterans, referred favorably to the Committee of the Whole: HB99-1312

and Military

Affairs

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

Veterans, postponed indefinitely: SB99-211

and Military

Affairs

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

Veterans, postponed indefinitely: SB99-207

and Military

Affairs

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SCR99-002

Agriculture, After consideration on the merits, the committee recommends that SB99-214 be

Natural amended as follows and, as so amended, be referred to the Committee on Appropriations

Resources with favorable recommendation:

and Energy

Amend printed bill, page 2, line 18, after "(8.5)", insert "(a)";

line 19, strike "APPLICATION FOR A".

Page 3, after line 2, insert the following:

"(b) THIS SUBSECTION (8.5) IS REPEALED, EFFECTIVE JULY 1, 2009.";

line 13, after "(f)", insert "(I)";

after line 16, insert the following:

"(II)  THIS PARAGRAPH (f) IS REPEALED, EFFECTIVE JULY 1, 2009.".

Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under

Natural, consideration and has had a hearing on the following appointments and recommends that

Resources the appointments be confirmed:

and Energy

OIL AND GAS CONSERVATION COMMISSION

OF THE STATE OF COLORADO

for terms expiring July 1, 2002:

Daniel Skrabacz of Denver, Colorado, to serve as a member with experience in the oil and gas industry, from the First Congressional District, and as an Unaffiliated, appointed;

Michael W. Klish of Grand Junction, Colorado, to serve as a member with experience in land reclamation and not employed by the oil and gas industry, from the Third Congressional District west of the Continental Divide, and as an Unaffiliated, appointed;

A. A. "Abe" Phillips of Evergreen, Colorado, to serve as a member with experience in the oil and gas industry, as an at-large member, and as a Republican, appointed.

Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under

Natural, consideration and has had a hearing on the following appointments and recommends that

Resources the appointments be confirmed:

and Energy

COLORADO WATER CONSERVATION BOARD

for terms expiring February 12, 2002:

The Honorable Lewis H. Entz of Hooper, Colorado, to serve as a representative of the Rio Grande drainage basin and as a Republican, appointed;

Donald W. Schwindt of Cortez, Colorado, to serve as a representative of the San Miguel-Dolores-San Juan drainage basins and as a Democrat, appointed.

Trans- After consideration on the merits, the committee recommends that HB99-1293 be

portation amended as follows and, as so amended, be referred to the Committee on Appropriations

with favorable recommendation:

Amend reengrossed bill, page 3, line 8, strike "SHALL NEGOTIATE" and substitute "SHALL PROMULGATE RULES GOVERNING";

strike lines 11 through 14 and substitute "VENDORS AND SHALL REQUIRE THAT THE CONTRACTS INCLUDE, AT A MINIMUM:

(I) A PROVISION FOR A FEE THAT ENCOMPASSES ALL COSTS RELATED TO THE BULK ELECTRONIC TRANSFER OF INFORMATION TO THAT PRIMARY USER OR VENDOR;

(II) A PROVISION THAT PROHIBITS ANY USE NOT OTHERWISE AUTHORIZED BY LAW;

(III) A PROVISION THAT REQUIRES THE PRIMARY USER OR VENDOR TO SPECIFY THE DESIGNATED USE AND RECIPIENTS OF THE INFORMATION; AND

(IV) A PROVISION THAT PROHIBITS ANY RESALE OR TRANSFER OF THE INFORMATION OTHER THAN AS SPECIFIED IN THE CONTRACT.

(c) (I) THE DEPARTMENT SHALL PROVIDE A REPORT TO THE GENERAL ASSEMBLY REGARDING THE CONTRACTS ENTERED INTO WITH PRIMARY USERS AND VENDORS FOR THE PURPOSE OF BULK ELECTRONIC TRANSFER OF INFORMATION BY DECEMBER 31, 1999.

II) THIS PARAGRAPH (c) IS REPEALED, EFFECTIVE JULY 1, 2000.".

Reletter succeeding paragraphs accordingly.

Approp- After consideration on the merits, the committee recommends that SB99-134 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 1, strike "ASSOCIATED WITH USING DIFFERENT" and substitute "WHEN THE USE OF DIFFERENT FINANCING METHODS IS DEEMED APPROPRIATE BY THE GENERAL ASSEMBLY AND WHEN THE USE OF SUCH METHODS COMPLIES WITH SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION;".

Page 3, line 1, after the period, insert the following:

""FINANCING" SHALL NOT MEAN THE USE OF REVENUE ANTICIPATION NOTES AUTHORIZED BY AND ISSUED IN ACCORDANCE WITH PART 7 OF ARTICLE 4 OF TITLE 43, AS ENACTED BY HOUSE BILL 99­1325, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­SECOND GENERAL ASSEMBLY.";

strike lines 7 through 15 and substitute the following:

"DEPARTMENT SHALL ADOPT POLICY GUIDELINES THAT CONFORM WITH ARTICLE 103 OF THIS TITLE PURSUANT TO WHICH THE DEPARTMENT WILL CONTRACT FOR SUCH FINANCING. SUCH GUIDELINES MAY INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:

(a)  ADVISING THE STATE ENTITY FOR WHICH THE FINANCING IS OBTAINED AS TO THE METHOD OR METHODS OF FINANCING THAT ARE MOST APPROPRIATE OR COST EFFECTIVE FOR ACQUIRING DIFFERENT TYPES OF CAPITAL ASSETS;".

Reletter succeeding paragraph accordingly.

Approp- After consideration on the merits, the committee recommends that SB99-117 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend the Transportation Committee amendment, as printed in Senate Journal, page 206, after line 53, insert the following:

"Page 5, strike lines 12 through 14, and substitute the following:

"COLORADO. IN ADDITION, TO PROMOTE FEDERAL ENERGY SECURITY, A PARTIAL PROGRAM COMPLIANCE CREDIT EQUAL TO ONE­FIFTH OF A PROGRAM COMPLIANCE CREDIT PER VEHICLE PURCHASED OR CONVERTED, SHALL BE AWARDED, UPON APPLICATION, TO A COVERED FLEET".

Page 6, line 7, strike "PROGRAM" and substitute "THE PARTIAL PROGRAM";

line 10, after "THE", insert "PARTIAL";";

line 55, strike "Page 6,";

line 58, strike "stationary source control";

line 59, strike "cash fund", and substitute the following:

"automobile inspection and readjustment account of the highway users tax fund";

line 61, strike "($51,675)," and substitute "($51,675) cash funds exempt,".

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: SB99-173

Approp- After consideration on the merits, the committee recommends that SB99-152 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend the Health, Environment, Welfare and Institutions Committee amendment, as printed in Senate Journal, February 11, page 238, after line 24, insert the following:

"Page 6, strike lines 17 and 18 and substitute the following:

"Statutes, are amended to read:".";

strike lines 29 through 36 of the committee amendment and substitute the following:

"line 13, strike "INVESTIGATION, BUT ALSO A BACKGROUND" and substitute "INVESTIGATION.";

strike lines 14 through 17;

line 18, strike "DISPOSITION THEREOF.".

Page 8, strike lines 2 through 7.";

after line 62 of the committee amendment, insert the following:

"Page 12, line 18, after "INFORMATION", insert "AND ANY OTHER AVAILABLE SOURCE OF CRIMINAL HISTORY INFORMATION THAT THE STATE DEPARTMENT DETERMINES IS APPROPRIATE";

line 24, after "INFORMATION", insert "AND ANY OTHER AVAILABLE SOURCE OF CRIMINAL HISTORY INFORMATION THAT THE STATE DEPARTMENT DETERMINES IS APPROPRIATE".

Page 13, line 3, after "DATABASE", insert "AND ANY OTHER CRIMINAL HISTORY INFORMATION SOURCE THAT THE STATE DEPARTMENT DETERMINES IS APPROPRIATE";

line 5, strike "THE ICON SYSTEM." and substitute "SUCH SYSTEMS;";

after line 5, insert the following:

"(e)  AN ANALYSIS OF THE ADDED COST­BENEFIT OF CONDUCTING ICON OR OTHER SUCH CRIMINAL HISTORY INFORMATION CHECKS DETERMINED APPROPRIATE BY THE STATE DEPARTMENT IN ADDITION TO THE CBI CHECK.";

strike lines 20 through 26 and substitute the following:

"THIS SECTION SHALL BE PAID FOR FROM THE CHILD CARE DEVELOPMENT FUNDS.".".

Page 238 of the committee amendment, strike lines 63 and 64 and substitute the following:

"Strike pages 14 and 15.

Page 16, strike lines 1 through 3 and substitute the following:

"SECTION 9. Appropriation. In addition to any other appropriation, there is hereby appropriated, to the department of human services, division of children, youth and families, for the fiscal year beginning July 1, 1999, the sum of thirty-five thousand nine hundred sixty dollars ($35,960), or so much thereof as may be necessary, for the implementation of this act. Of said sum, ten thousand nine hundred sixty dollars ($10,960) shall be from the child care licensing cash fund created in section 26-6-105, Colorado Revised Statutes, and twenty-five thousand dollars ($25,000) shall be from federal child care development funds.".

Renumber succeeding section accordingly.

Page 1, line 101, strike "CARE." and substitute "CARE, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".".

Approp- After consideration on the merits, the committee recommends that SB99-203 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend senate journal, dated March 11, 1999, page 470, line 29, strike "24." and substitute "24, and substitute the following:

"SECTION 22. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".".

Approp- After consideration on the merits, the committee recommends that SB99-133 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 16, strike "PREVAILING PARTY" and substitute "PERSON, OTHER THAN THE DEFENDANT GOVERNMENTAL ENTITY, WHO PREVAILS";

line 21, after "ENTITY.", add "SUCH AN AWARD SHALL BE PREDICATED UPON A FINDING BY THE TRIER OF FACT THAT A CONSTITUTIONAL REAL PROPERTY RIGHT OF SUCH PERSON WAS IN FACT VIOLATED BY THE GOVERNMENTAL ENTITY.".

Approp- After consideration on the merits, the committee recommends that SB99-065 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend the Business Affairs and Labor Committee Report, dated February 5, 1999, page 186, strike lines 39 through 44 and substitute the following:

"SECTION 26. Appropriation - adjustments to the 1999 long bill. (1) (a) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the secretary of state cash fund not otherwise appropriated, to the department of state, for the fiscal year beginning July 1, 1999, the sum of eighty-nine thousand three hundred eight dollars ($89,308) and 0.5 FTE, or so much thereof as may be necessary, for the implementation of this act.

(b) In addition to any other appropriation, there is hereby appropriated, to the department of state, for the fiscal year beginning July 1, 1999, the sum of eight hundred seventy thousand eighty-seven dollars ($870,087), or so much thereof as may be necessary, for the implementation of this act. Of said sum, seven hundred forty-nine thousand four hundred twenty-six dollars ($749,426) shall be from any moneys in the central information system cash fund created in section 4-9.3-1105, Colorado Revised Statutes, not otherwise appropriated, and one hundred twenty thousand six hundred sixty-one dollars ($120,661) and 1.5 FTE shall be from any moneys in the central filing office cash fund created in section 4-9-401.6, Colorado Revised Statutes, not otherwise appropriated. Such sums shall be made available as of January 1, 2000.

(c) In addition to any other appropriation, there is hereby appropriated, to the department of law, for the fiscal year beginning July 1, 1999, the sum of four thousand six hundred twenty-six dollars ($4,626), or so much thereof as may be necessary, for the provision of legal services to the department of state related to the implementation of this act. Of said sum, two thousand three hundred thirteen dollars ($2,313) shall be from cash funds exempt received from the department of state out of the appropriation made in paragraph (a) of this subsection (1), and two thousand three hundred thirteen dollars ($2,313) shall be from cash funds exempt received from the department of state out of the appropriation made in paragraph (b) of this subsection (1).

(2) For the implementation of this act, appropriations made in the annual general appropriation act to the department of state, special purpose, central lien indexing, for the fiscal year beginning July 1, 1999, shall be decreased by two million six hundred fourteen thousand seven hundred seventy dollars cash funds ($2,614,770) and 2.0 FTE.".

Approp- After consideration on the merits, the committee recommends that SB99-020 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 6, strike "government." and substitute "government ­ repeal.".

Page 3, line 1, after the period, add "ANY MONEYS REMAINING IN THE FUND UPON THE REPEAL OF THIS SECTION SHALL BE TRANSFERRED TO THE GENERAL FUND.";

line 10 strike "NOVEMBER 1, 1999," and substitute "JUNE 1, 2000,".

Page 4, after line 6, insert the following:

"(6)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2005.";

strike lines 7 through 18 and substitute the following:

"SECTION 2. Adjustment in 1999 long bill. Appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1999, to the department of public safety, hazardous materials equipment, shall be adjusted as follows: The cash funds exempt appropriation from the highway users tax fund shall be increased by sixty thousand dollars ($60,000), or so much thereof as may be necessary, for the purchase of a hazardous material training vehicle that can be used to train local hazardous materials responders.".

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: SB99-169

Approp- After consideration on the merits, the committee recommends that SB99-165 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, line 3, after "amended", insert "and the said 40­17­104 is further amended BY THE ADDITION OF A NEW SUBSECTION,".

Page 2, after line 13, insert the following:

"(3)  THE COMMISSION IS HEREBY AUTHORIZED TO COLLECT INFORMATION IN ORDER TO PREPARE A WRITTEN REPORT THAT SHALL SPECIFY TELECOMMUNICATIONS EQUIPMENT AND SERVICE NEEDS OF DISABLED TELEPHONE USERS IN COLORADO. SUCH REPORT SHALL BE SUBMITTED TO THE BUSINESS AFFAIRS AND LABOR COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON OR BEFORE DECEMBER 15, 1999.".

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: SB99-164

Approp- After consideration on the merits, the committee recommends that SB99-163 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 8, after line 12, insert the following:

"SECTION 2. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, to the regents of the university of Colorado, for the fiscal year beginning July 1, 1999, the sum of three hundred fifty-four thousand dollars ($354,000) and 4.0 FTE, or so much thereof as may be necessary, for the implementation of this act. Said sum shall be from cash funds exempt received by the university of Colorado from gifts, grants, and donations.

(2) No general fund shall be used to implement the provisions of this act."

Renumber succeeding section accordingly.

Page 1, line 102, strike "EDUCATION." and substitute "EDUCATION, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: SB99-150

Approp- After consideration on the merits, the committee recommends that SB99-067 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

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

"SECTION 1.  Legislative declaration. It is the intent of the general assembly that this act implement the provisions of 1999 Senate Concurrent Resolution Number 99­002 if such resolution is approved by the registered electors at the 2000 general election. The purpose of this resolution and this act is to allow the state to be reimbursed for old age pension payments made to a pensioner during the interim period while the pensioner is applying for benefits under the federal supplemental security income program (SSI), thus preventing the payment of dual benefits to the pensioner. The resolution provides that any moneys so recovered from such interim assistance reimbursement payments are to be transferred to the aid to the needy disabled program in order to equalize the benefits between the old age pension program and the aid to the needy disabled program. It is the intent of the general assembly that the moneys so transferred to the aid to the needy disabled program should be used to increase the funds available for the medically correctable program for the aid to the needy disabled and to fund a basic health and medical care program for recipients of aid to the needy disabled who are not receiving medicaid.

SECTION 2.  26­2­111 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

26­2­111.  Eligibility for public assistance. (2)  Old age pension. (c.5)  AN OLD AGE PENSION RECIPIENT WHO BECOMES ELIGIBLE FOR SUPPLEMENTAL SECURITY INCOME BENEFITS SHALL BE REQUIRED TO REPAY THE STATE OF COLORADO FOR INTERIM ASSISTANCE PAYMENTS MADE UNDER THE OLD AGE PENSION BASIC GRANT PROGRAM.

SECTION 3.  26­2­110, Colorado Revised Statutes, is amended to read:

26­2­110.  Repayment not required. No person shall be required, in order to receive public assistance, to repay or promise to repay the state of Colorado any money properly paid to him or her as public assistance pursuant to the provisions of this article and the rules of the state department; except that the state may recoup interim assistance authorized under section 26­2­206, concerning blind and disabled individuals, AND UNDER SECTION 26­2­111 (2) (c.5), CONCERNING RECIPIENTS OF THE OLD AGE PENSION.

SECTION 4.  26­2­135, Colorado Revised Statutes, is amended to read:

26­2­135.  Medically correctable program ­ fund established ­ rules. (1)  On or before January 1, 1997, the state department shall make preparations for the implementation of a statewide medically correctable pilot program, referred to in this section as the "program". The program shall be implemented for a term of three years. Such preparations shall include but are not limited to staff training, policy development, and rule­making pursuant to article 4 of title 24, C.R.S.

(2)  On and after January 1, 1997, the program shall be applicable to a person who:

(a)  Has been approved for state aid to the needy disabled;

(b)  Is determined to be unlikely to meet the disability criteria for supplemental security income;

(c)  Has a disability that can be corrected with medical treatment at a cost that does not exceed ten TWENTY thousand dollars so that the person can return to employment; and

(d)  Is not otherwise receiving workers' compensation benefits.

(3)  The program shall consist of the following features:

(a)  A process by which the state department shall determine whether a person qualifies to receive medical treatment so that the person can return to work;

(b)  A set of procedures for monitoring a person's recovery from the medical treatment and return to work after participating in the program; and

(c)  Annual reports to the joint budget committee and the house committee on health, environment, welfare, and institutions and the senate committee on health, environment, welfare, and institutions that identify the number of persons who received medical treatment pursuant to the program in the preceding fiscal year, their recovery rates and return to the workforce, and the amount of moneys spent on the program.

(4)  The cost of the medical treatment identified in paragraph (c) of subsection (2) of this section shall not be a benefit for purposes of articles 40 to 47 of title 8, C.R.S.

(5)  This section is repealed, effective July 1, 2000.

SECTION 5.  Part 1 of article 2 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

26­2­119.5.  Health and medical care program ­ aid to the needy disabled. (1)  THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING, IN CONSULTATION WITH THE DEPARTMENT OF HUMAN SERVICES, SHALL DEVELOP AND ADMINISTER A PROGRAM TO RANK HEALTH AND MEDICAL CARE NEEDS AND TO PROVIDE HEALTH AND MEDICAL CARE BASED ON SUCH RANKING TO PERSONS WHO QUALIFY TO RECEIVE AID TO THE NEEDY DISABLED AND WHO ARE NOT RECEIVING MEDICAL ASSISTANCE. SUCH PROGRAM, REFERRED TO IN THIS SECTION AS THE "HEALTH AND MEDICAL CARE PROGRAM" SHALL EVALUATE AND RANK THE HEALTH AND MEDICAL CARE NEEDS OF ALL PERSONS WHO QUALIFY FOR AID TO THE NEEDY DISABLED ON OR AFTER JANUARY 1, 2002, AND SHALL BE PROVIDED TO QUALIFYING PERSONS ONLY DURING THE INTERIM PERIOD AFTER THE PERSON QUALIFIES FOR THE AID TO THE NEEDY DISABLED PROGRAM AND UNTIL THE DETERMINATION IS MADE AS TO WHETHER THE PERSON QUALIFIES FOR FEDERAL SUPPLEMENTAL SECURITY INCOME BENEFITS. THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING SHALL SUBMIT A WRITTEN PLAN TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY ON OR BEFORE JANUARY 1, 2001, ON WHAT TYPE OF HEALTH AND MEDICAL CARE SERVICES CAN BE PROVIDED FOR SUCH RECIPIENTS WITHIN AVAILABLE APPROPRIATIONS. SUCH PLAN SHALL INCLUDE RECOMMENDATIONS REGARDING HOW THE PROGRAM CAN BE LIMITED TO AVAILABLE APPROPRIATIONS FOR THE PROGRAM, SUCH AS LIMITATIONS ON ELIGIBILITY FOR THE PROGRAM, HOW UTILIZATION OF SERVICES CAN BE MANAGED, AND HOW SERVICES CAN BE PROVIDED, SUCH AS THE USE OF MANAGED CARE ORGANIZATIONS OR PURCHASING MEDICAID. THE DEPARTMENT'S PLAN SHALL INCLUDE ANY RECOMMENDATIONS FOR ANY LEGISLATIVE CHANGES OR BUDGETARY CHANGES THAT MAY BE NEEDED TO IMPLEMENT THE HEALTH AND MEDICAL CARE PROGRAM.

(2)  THE STATE TREASURER SHALL TRANSFER MONEYS RECOVERED PURSUANT TO SECTION 3 OF ARTICLE XXIV OF THE STATE CONSTITUTION TO THE MEDICALLY CORRECTABLE PROGRAM AND TO THE HEALTH AND MEDICAL CARE PROGRAM. THE COSTS OF THE HEALTH AND MEDICAL CARE PROGRAM SHALL BE FUNDED ANNUALLY FROM APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY FROM SUCH TRANSFERRED MONEYS AND FROM ANY OTHER SOURCES. THE HEALTH AND MEDICAL CARE PROGRAM SHALL COMMENCE JANUARY 1, 2002, AND SHALL APPLY TO PERSONS WHO APPLY FOR AID TO THE NEEDY DISABLED ON AND AFTER SAID DATE AND WHO MEET ELIGIBILITY REQUIREMENTS FOR MEDICAL CARE SERVICES AS SPECIFIED BY THE BOARD OF MEDICAL SERVICES BY RULE.

SECTION 6.  25.5­1­201 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

25.5­1­201.  Programs to be administered by the department of health care policy and financing. (1)  Programs to be administered and functions to be performed by the department of health care policy and financing shall be as follows:

(l)  THE HEALTH AND MEDICAL CARE PROGRAM FOR RECIPIENTS OF AID TO THE NEEDY DISABLED, AS SPECIFIED IN SECTION 26­2­119.5, C.R.S.

SECTION 7.  25.5­1­303 (1) (c), Colorado Revised Statutes, is amended, and the said 25.5­1­303 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

25.5­1­303.  Powers and duties of the board ­ scope of authority ­ rules. (1)  The board shall have the authority set forth in subsection (3) of this section over the following programs administered by the department:

(c)  Adult foster care, as specified in section 26­2­122.3, C.R.S.; and

(e)  THE HEALTH AND MEDICAL CARE PROGRAM FOR RECIPIENTS OF AID TO THE NEEDY DISABLED, AS SPECIFIED IN SECTION 26­2­119.5, C.R.S.

SECTION 8.  Effective date. This act shall take effect January 1, 2001, or upon proclamation by the governor of the vote of the registered electors at the 2000 general election approving 1999 Senate Concurrent Resolution Number 99­002, whichever is later. This act shall not take effect if the registered electors at the 2000 general election disapprove 1999 Senate Concurrent Resolution Number 99­002.

SECTION 9.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

Approp- After consideration on the merits, the committee recommends that SB99-029 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

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

"SECTION 10.  12­47.1­1501 (1), (2), (3), and (4), Colorado Revised Statutes, are amended to read:

12­47.1­1501.  Municipal limited gaming impact fund ­ repeal. (1)  There is hereby created in the office of the state treasurer the municipal limited gaming impact fund, referred to in this part 15 as the "fund", for the purpose of compensating the municipalities located in the counties of Gilpin and Teller other than the City of Central, the City of Black Hawk, and the City of Cripple Creek, for various expenses incurred in response to the limited gaming permitted in the counties of Gilpin and Teller.

(2)  Out of the fifty percent share of limited gaming proceeds AVAILABLE to be transferred to the general fund OR TO SUCH OTHER FUND AS THE GENERAL ASSEMBLY SHALL PROVIDE pursuant to section 9 (5) (b) (II) of article XVIII of the state constitution prior to July 1, 2002 2005, THE STATE TREASURER SHALL TRANSFER TO THE FUND:

(a)  Two percent shall be transferred annually; to the fund by the state treasurer; AND

(b) (I)  AN ADDITIONAL TEN PERCENT ANNUALLY FOR THE INFRASTRUCTURE NEEDS OF THE CITIES OF CENTRAL, BLACK HAWK, AND CRIPPLE CREEK.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2005.

(3) (a)  Within thirty days of AFTER a transfer to the fund PURSUANT TO PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION, the state treasurer shall make distributions to the governing bodies of the cities of Woodland Park and Victor in accordance with PARAGRAPH (a) OF subsection (4) of this section for planning, construction, and maintenance of public facilities, for the provision of public services, and for the mitigation of such other impacts resulting from limited gaming as the governing body of each city may determine.

(b)  THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2002.

(4) (a) (I)  Of the moneys transferred to the fund pursuant to PARAGRAPH (a) OF subsection (2) of this section, seventy­five percent shall be distributed to the governing body of the city of Woodland Park, and twenty­five percent shall be distributed to the governing body of the city of Victor for the purposes set forth in this section.

(II)  THIS PARAGRAPH (a) IS REPEALED, EFFECTIVE JULY 1, 2002.

(b) (I)  THE MONEYS TRANSFERRED TO THE FUND PURSUANT TO PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION SHALL BE ANNUALLY TRANSFERRED TO THE FUND FOR THE INFRASTRUCTURE NEEDS OF THE CITIES OF CENTRAL, BLACK HAWK, AND CRIPPLE CREEK FOR PLANNING, CONSTRUCTION, AND MAINTENANCE OF PUBLIC FACILITIES AND FOR THE PROVISION OF PUBLIC SERVICES. SUCH MONEYS SHALL BE SPENT BY THE GOVERNING BODIES OF THESE CITIES IN SUCH A MANNER THAT THE NEED TO RETAIN THE HISTORIC NATURE OF THE AFFECTED CITY IS TAKEN INTO CONSIDERATION.

(II)  THE MONEYS IN THE FUND SHALL BE DISTRIBUTED TO THE GOVERNING BODIES OF THE CITIES OF CENTRAL, BLACK HAWK, AND CRIPPLE CREEK BY THE LOCAL GOVERNMENT LIMITED GAMING IMPACT ADVISORY COMMITTEE CREATED PURSUANT TO SECTION 12­47.1­1602, AND THE COMMITTEE'S DECISION SHALL BE BASED SOLELY ON THE FOLLOWING CRITERIA:

(A)  THE FINANCIAL NEED OF THE CITY TO ALLEVIATE THE INFRASTRUCTURE IMPACTS CREATED BY GAMING IN AN HISTORIC SETTING;

(B)  THE AMOUNT THE CITY ALREADY RECEIVES FROM THE LIMITED GAMING FUND;

(C)  THE NUMBER OF CITIZENS LIVING WITHIN THE CITY LIMITS AFFECTED BY GAMING AND REQUIRING MUNICIPAL SERVICES; AND

(D)  THE HISTORIC NATURE AND PRESERVATION NEEDS OF THE CITY ACCORDING TO THE PROVISIONS OF SECTION 9 (3) (b) OF ARTICLE XVIII OF THE STATE CONSTITUTION.

(III)  ANY MONEYS NOT DISTRIBUTED BY THE COMMITTEE SHALL BE RETURNED TO THE GENERAL FUND AT THE END OF EACH FISCAL YEAR.

(IV)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2005.

SECTION 11.  12­47.1­1502, Colorado Revised Statutes, is amended to read:

12­47.1­1502.  Repeal of part. This part 15 is repealed, effective July 1, 2002 2005.

SECTION 12.  12­47.1­701 (4) (b) (I) and (4) (c), Colorado Revised Statutes, are amended to read:

12­47.1­701.  Limited gaming fund ­ repeal. (4) (b) (I) (A)  Of the fifty percent SHARE OF LIMITED GAMING PROCEEDS AVAILABLE TO BE transferred to the general fund OR TO SUCH OTHER FUND AS THE GENERAL ASSEMBLY SHALL PROVIDE pursuant to section 9 (5) (b) (II) of article XVIII of the state constitution prior to July 1, 2002, two TWENTY­TWO percent shall be transferred to the municipal limited gaming impact fund created in section 12­47.1­1501 and the amount transferred to the general fund pursuant to this subsection (4) shall be further reduced to forty­eight and eight­tenths percent ACCORDINGLY. THIS SUB­SUBPARAGRAPH (A) IS REPEALED, EFFECTIVE JULY 1, 2005.

(B)  OF THE FIFTY PERCENT SHARE OF LIMITED GAMING PROCEEDS AVAILABLE TO BE TRANSFERRED TO THE GENERAL FUND OR TO SUCH OTHER FUND AS THE GENERAL ASSEMBLY SHALL PROVIDE PURSUANT TO SECTION 9 (5) (b) (II) OF ARTICLE XVIII OF THE STATE CONSTITUTION PRIOR TO JULY 1, 2002, TWO PERCENT SHALL BE TRANSFERRED TO THE MUNICIPAL LIMITED GAMING IMPACT FUND CREATED IN SECTION 12­47.1­1501 AND THE AMOUNT TRANSFERRED TO THE GENERAL FUND PURSUANT TO THIS SUBSECTION (4) SHALL BE FURTHER REDUCED TO FORTY­EIGHT AND EIGHT­TENTHS PERCENT. THIS SUB­SUBPARAGRAPH (B) IS EFFECTIVE JULY 1, 2005.

(c)  Out of the forty­eight and eight­tenths percent PORTION that would otherwise be transferred to the general fund pursuant to this subsection (4), an amount to be determined as provided in paragraph (c) of subsection (1) of this section shall be transferred to the state highway fund and the amount transferred to the general fund pursuant to this subsection (4) shall be reduced accordingly.

SECTION 13.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

Approp- After consideration on the merits, the committee recommends that the following be

riations postponed indefinitely: SB99-098

Approp- After consideration on the merits, the committee recommends that the following be

riations postponed indefinitely: SB99-097

Approp- After consideration on the merits, the committee recommends that the following be

riations postponed indefinitely: SB99-127


INTRODUCTION OF BILL--FIRST READING

The following bill was read by title and referred to the committee indicated:

SB 99-226 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning consolidated child care services, and making an appropriation in connection therewith.

Health, Environment, Welfare & Institutions

Appropriations

On motion of Senator Blickensderfer, the Senate adjourned until 9:30 a.m., Monday,

April 12, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate