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

99^th Legislative Day Wednesday, April 14, 1999

Call to By the President at 8:30 a.m.

Order

Prayer By the chaplain, Rev. Gilbert Caldwell, Park Hill Methodist Church, Denver.

Roll Call Present--Total, 24.

Absent/Excused--Arnold, Evans, Hernandez, Lacy, Matsunaka, Musgrave, Perlmutter, Phillips, Rupert, Tanner, Thiebaut--Total, 11.

Present later--Arnold, Evans, Hernandez, Lacy, Matsunaka, Musgrave, Perlmutter, Phillips, Rupert, Tanner, Thiebaut.

Quorum The President announced a quorum present.

Reading of On motion of Senator Epps, reading of the Journal of April 13^th was

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-228; SCR 99-3; SJR 99-33.

Services

COMMITTEE OF REFERENCE REPORT

State, After consideration on the merits, the committee recommends that HB99-1164 be

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

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 1, strike lines 2 through 6.

Page 2, strike lines 1 through 17.

Renumber succeeding sections accordingly.

Page 2, line 24, strike "THE DEPARTMENT OF CORRECTIONS,".

Page 3, line 21, strike "17­1­103.3 (2) OR";

line 25, strike "THE DEPARTMENT OF CORRECTIONS OR THE SHERIFF," and substitute "THE SHERIFF";

line 26, strike "WHICHEVER REPORTED THE INFORMATION,".

Page 4, line 16, strike "TO THE DEPARTMENT OF CORRECTIONS AND";

line 19, strike "THE DEPARTMENT OF CORRECTIONS OR TO".

Page 5, line 12, strike "17-1-103.3 (2) OR";

line 15, strike "THE DEPARTMENT OF";

strike line 16 and substitute the following:

"THE SHERIFF";

line 20, strike "SHALL" and substitute "MAY".

MESSAGE FROM THE HOUSE:

April 13, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1337.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1356, amended as printed in House Journal, April 12, page 1157;

HB99-1364, amended as printed in House Journal, April 12, pages 1157-1158.

The House has voted to authorize the House conferees on the First Conference Committee on HB99-1274 to consider matters not at issue between the two houses.

The House has voted to authorize the House conferees on the First Conference Committee on SB99-025 to consider matters not at issue between the two houses.

The House has voted to authorize the House conferees on the First Conference Committee on SB99-052 to consider matters not at issue between the two houses.

The House has adopted and returns herewith SJM99-002.

MESSAGE FROM THE REVISOR

April 13, 199

We herewith transmit:

without comment, HB99-1337; and,

without comment, as amended, HB99-1356 and 1364.

INTRODUCTION OF BILLS--FIRST READING

The following bills were read by title and referred to the committees indicated:

HB 99-1337 by Representatives Hagedorn, May, and Lee; also Senators Teck and Phillips--Concerning electronic transactions.

State, Veterans, & Military Affairs

HB 99-1356 by Representative Smith; also Senator Blickensderfer--Concerning absentee voters, and, in connection therewith, establishing permanent absentee voter status.

Local Government

HB 99-1364 by Representatives Dean, May, Lee, Fairbank, Mitchell, Alexander, Clapp, Decker, George, Hefley, Hoppe, Kaufman, Kester, King, Larson, Lawrence, McKay, McPherson, Miller, Nunez, Paschall, Scott, Sinclair, Smith, Spence, Spradley, Stengel, Taylor, Tool, Webster, T. Williams, and Young; also Senators Sullivant and Owen--Concerning the use of automated vehicle identification devices.

Transportation

INTRODUCTION OF CONCURRENT RESOLUTION

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

SCR 99-003 by Senator Tebedo; also Representative McElhany--Concerning the submission to the registered electors of the State of Colorado of an amendment to section 1 (2) of article V of the Constitution of the State of Colorado, increasing the amount of time before an election within which an initiative petition must be filed with the Secretary of State from three months to four months.

State, Veterans and Military Affairs

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

SJR 99-035 by Senator Evans; also Representative Gotlieb--Concerning the Colorado Preterm Birth Prevention Project 1999.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Thursday, April 15.

INTRODUCTION OF RESOLUTION

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

SJR 99-036 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning an interim committee task force to study the state juvenile corrections system.

Appropriations

MESSAGE FROM THE GOVERNOR

April 13, 1999

To the Honorable

Colorado Senate

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 Acts:

S.B. 99 - 012 - Concerning the Development of Individual Responsibility Contracts Under the Colorado Works Program.

Approved April 13, 1999 at 3:17 p.m.

S.B. 99 - 112 - Concerning the Regulation of Dogs

Approved April 13, 1999 at 3:18 p.m.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/13/99 5:40 p.m.

P. Dicks, Secretary

MESSAGES FROM THE GOVERNOR

Appoint- Letters of designation and appointment from Governor Owens were read and assigned to

ments Committees as follows:

April 9, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, reappoint, and submit to your consideration, the following:

for terms expiring March 1, 2003:

Jack Starner of Delta, Colorado, to serve as a representative of the mining industry, appointed;

Joe R. Janosec of Craig, Colorado, to serve as a representative of conservation, appointed;

Ira J. Paulin of Holly, Colorado, to serve as a representative of agriculture, reappointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/12/99

P. Dicks, Secretary

Committee on Agriculture, Natural Resources and Energy

__________________________________

April 9, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, reappoint and submit to your consideration, the following:

for terms expiring March 13, 2003:

David Zaterman of Cherry Hills Village, Colorado, to serve as a representative of the community at large and as a Republican, appointed;

George G. Houston of Colorado Springs, Colorado, to serve as a representative of the business community and as a Democrat, reappointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/9/99

P. Dicks, Secretary

Committee on State, Veterans and Military Affairs

_______________________________

July 7, 1998

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

for a term expiring June 30, 2003:

May E. Snowden of Louisville, Colorado to serve as a Democrat, reappointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 8/7/98

P. Dicks, Assistant Secretary

________________________________

April 9, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to withdraw the following:

effective April 9, 1999:

May E. Snowden of Louisville, Colorado.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/9/99

P. Dicks, Secretary

____________________________________

April 9, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

effective April 9, 1999, for a term expiring June 30, 2003:

Eliseo C. Duran of Colorado Springs, Colorado, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/9/99

P. Dicks, Secretary

Committee on State, Veterans and Military Affairs

SIGNING OF BILLS

The President has signed: HB99-1214 and 1284.

__________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SB99-100, 99-130, 99-145, 99-154, 99-081, 99-023, 99-134, 99-117, 99-152, 99-133, 99-065, 99-020, 99-169, 99-165, 99-164, 99-163, 99-150, 99-067, 99-029 were made Special Orders at 8:52 a.m..

__________________________

Committee The hour of 8:52 a.m. having arrived, Senator Hillman moved that the Senate resolve

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

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

SPECIAL ORDERS--SECOND READING OF BILLS--8:52 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:

__________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, SB99-164 was advanced on the Special Orders calendar.

__________________________

SB 99-164 by Sen. Tebedo; Rep. Sinclair--Special License Plates For Broadcasters

Ordered engrossed and placed on the calendar for Third Reading and Final Passage.

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

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, February 10, page 232.)

Amendment No. 2, by Senator Wham

Amend printed bill, page 12, before line 24, insert the following:

"SECTION 12. 19­2­104 (5), Colorado Revised Statutes, is amended to read:

19­2­104.  Jurisdiction. (5)  Notwithstanding any other provision of this section to the contrary, the juvenile court and the county court shall have concurrent jurisdiction over a juvenile who is under eighteen years of age and who is charged with a violation of section 18­13­122, C.R.S., or section 18­18­406 (1) or (3), 18­18­406 (1) OR (3), 18­18­428, 18­18­429, OR 18­18­430, C.R.S.; except that, if the juvenile court accepts jurisdiction over such a juvenile, the county court jurisdiction shall terminate.".

Renumber succeeding sections accordingly.

Amendment No. 3, by Senator Wham

Amend the Judiciary Committee amendment, as printed in Senate Journal, February 10, page 232, strike lines 44 through 47.

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

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

Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment

(Printed in Senate Journal, February 11, page 243.)

Amendment No. 2, Appropriations Committee Amendment

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

Amendment No. 3, by Senator Wattenberg

Amend printed bill, page 3, line 23, strike "PRIVATE" and substitute "NON-FEDERAL";

line 23, strike "LANDS PURSUANT TO A VALID" and substitute "LANDS.";

strike line 24.

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

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

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, February 12, pages 257-260.)

Amendment No. 2, Appropriations Committee Amendment

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

Amendment No. 3, by Senator Evans

Amend the Education Committee amendment, as printed in Senate Journal, February 12, page 257, strike line 56 and substitute the following:

"Amend printed bill, page 3, line 15, strike "SECTION." and substitute "SECTION, AND, IF THE PROGRAM IS OFFERED BY A PUBLIC INSTITUTION OF HIGHER EDUCATION, HAS BEEN DETERMINED BY THE COMMISSION TO MEET THE REQUIREMENTS SPECIFIED IN SECTIONS 23­1­108 AND 23­1­121, C.R.S., AND ANY COMMISSION POLICIES ADOPTED PURSUANT TO SAID SECTIONS.";

strike lines 18 through 22 and substitute the".

Page 258, strike lines 9 through 70 and substitute the following:

Page 7, strike lines 4 through 26 and substitute the following:

"SECTION. IN REVIEWING PROGRAMS PURSUANT TO THIS SUBSECTION (5), THE STATE BOARD AND THE COMMISSION MAY MAKE PERIODIC VISITS TO THE INSTITUTIONS OF HIGHER EDUCATION THAT OFFER TEACHER PREPARATION PROGRAMS TO OBSERVE AND EVALUATE SUCH PROGRAMS.

(b) (I)  THE STATE BOARD AND THE COMMISSION SHALL ESTABLISH A SCHEDULE FOR REVIEW OF PROGRAMS THAT ENSURES THAT, BEGINNING JULY 1, 2003, EVERY PROGRAM IS REVIEWED AT LEAST ONCE EVERY FIVE YEARS; EXCEPT THAT ANY PROGRAM OFFERED BY A NONPUBLIC INSTITUTION OF HIGHER EDUCATION SHALL NOT BE SUBJECT TO REVIEW BY THE COMMISSION. THE STATE BOARD AND THE COMMISSION SHALL DESIGN THE SCHEDULE TO COINCIDE WITH REVIEWS OF INSTITUTIONS OF HIGHER EDUCATION BY ACCREDITING AGENCIES.

(II)  IN REVIEWING PROGRAMS PURSUANT TO THIS PARAGRAPH (b):

(A)  THE COMMISSION SHALL REVIEW THE PROGRAM TO ENSURE THAT IT MEETS THE REQUIREMENTS OF SECTIONS 23­1­108 AND 23­1­121, C.R.S., AND ANY COMMISSION POLICIES ADOPTED PURSUANT TO SAID SECTIONS;

(B)  THE STATE BOARD SHALL REVIEW THE PROGRAM TO ENSURE THAT IT MEETS THE REQUIREMENTS OF THIS SECTION AND THE RULES ADOPTED PURSUANT TO THIS SECTION.

(III)  THE COMMISSION AND THE STATE BOARD SHALL SUBMIT THE RESULTS OF EACH REVIEW OF A TEACHER PREPARATION PROGRAM TO THE INSTITUTION OF HIGHER EDUCATION PROVIDING THE PROGRAM AND THE GOVERNING BOARD, IF ANY, FOR THE INSTITUTION. THE COMMISSION SHALL ALSO SUBMIT THE RESULTS OF ITS REVIEWS TO THE STATE BOARD, AND THE STATE BOARD SHALL SUBMIT THE RESULTS OF ITS REVIEWS OF PROGRAMS PROVIDED BY PUBLIC INSTITUTIONS OF HIGHER EDUCATION TO THE COMMISSION.

(IV) (A)  IF THE COMMISSION DETERMINES THAT A TEACHER PREPARATION PROGRAM DOES NOT MEET THE STATUTORY REQUIREMENTS SPECIFIED IN SECTION 23­1­108 OR 23­1­121, C.R.S., OR ANY COMMISSION POLICIES ADOPTED PURSUANT TO SAID SECTIONS, IT MAY PLACE THE PROGRAM ON PROBATION. IF THE COMMISSION PLACES A PROGRAM ON PROBATION, IT SHALL IMMEDIATELY NOTIFY THE STATE BOARD AND THE GOVERNING BOARD FOR THE INSTITUTION OF HIGHER EDUCATION THAT PROVIDES THE PROGRAM. THE STATE BOARD SHALL NOT GIVE APPROVAL TO A PROGRAM THAT HAS BEEN PLACED ON PROBATION BY THE COMMISSION UNLESS IT RECEIVES NOTICE THAT THE COMMISSION HAS REMOVED THE PROGRAM FROM PROBATIONARY STATUS AND APPROVED THE PROGRAM.

(B)  IF THE STATE BOARD DETERMINES THAT A TEACHER PREPARATION PROGRAM DOES NOT MEET THE REQUIREMENTS OF THIS SECTION OR THE RULES ADOPTED PURSUANT TO THIS SECTION, IT MAY PLACE THE PROGRAM ON PROBATION. IF THE STATE BOARD PLACES A PROGRAM ON PROBATION IT SHALL IMMEDIATELY NOTIFY THE INSTITUTION OF HIGHER EDUCATION AND, IF THE PROGRAM IS PROVIDED BY A PUBLIC INSTITUTION OF HIGHER EDUCATION, THE COMMISSION. THE COMMISSION SHALL NOT GIVE FINAL APPROVAL TO A PROGRAM THAT HAS BEEN PLACED ON PROBATION BY THE STATE BOARD UNLESS IT RECEIVES NOTICE THAT THE STATE BOARD HAS REMOVED THE PROGRAM FROM PROBATIONARY STATUS AND APPROVED THE PROGRAM.

(C)  THE COMMISSION SHALL ADOPT POLICIES AND THE STATE BOARD SHALL ADOPT RULES SPECIFYING THE PROCEDURES FOR PLACING A PROGRAM ON PROBATION AND FOR TERMINATING APPROVAL OF A PROGRAM, INCLUDING A PROCEDURE FOR APPEALING EITHER ACTION. A TEACHER PREPARATION PROGRAM THAT IS PLACED ON PROBATION BY EITHER THE COMMISSION OR THE STATE BOARD SHALL NOT ACCEPT NEW STUDENTS UNTIL THE AUTHORITY THAT PLACED THE PROGRAM ON PROBATION REMOVES THE PROGRAM FROM PROBATIONARY STATUS.

(V) (A)  WHEN THE COMMISSION REMOVES A PROGRAM FROM PROBATIONARY STATUS, IT SHALL NOTIFY THE STATE BOARD AND THE GOVERNING BOARD OF THE INSTITUTION OF HIGHER EDUCATION THAT PROVIDES THE PROGRAM THAT THE PROGRAM IS EITHER APPROVED OR TERMINATED. THE COMMISSION SHALL ALLOW ALL STUDENTS ENROLLED IN THE TEACHER PREPARATION PROGRAM AS OF THE DATE THE PROGRAM WAS PLACED ON PROBATION TO COMPLETE THE PROGRAM PRIOR TO TERMINATING APPROVAL OF THE PROGRAM. THE STATE BOARD SHALL NOT CONTINUE THE APPROVAL OF A TEACHER PREPARATION PROGRAM FOR WHICH APPROVAL IS TERMINATED BY THE COMMISSION.

(B)  WHEN THE STATE BOARD REMOVES A PROGRAM FROM PROBATIONARY STATUS, IT SHALL NOTIFY THE INSTITUTION OF HIGHER EDUCATION THAT PROVIDES THE PROGRAM AND, IF THE PROGRAM IS PROVIDED BY A PUBLIC INSTITUTION OF HIGHER EDUCATION, THE COMMISSION THAT THE PROGRAM IS EITHER APPROVED OR TERMINATED. THE STATE BOARD SHALL ALLOW ALL STUDENTS ENROLLED IN THE TEACHER PREPARATION PROGRAM AS OF THE DATE THE PROGRAM WAS PLACED ON PROBATION TO COMPLETE THE PROGRAM PRIOR TO TERMINATING APPROVAL OF THE PROGRAM. THE COMMISSION SHALL NOT CONTINUE THE APPROVAL OF A TEACHER PREPARATION PROGRAM FOR WHICH APPROVAL IS TERMINATED BY THE STATE BOARD.

(c)  EACH INSTITUTION OF HIGHER EDUCATION THAT OFFERS A TEACHER PREPARATION PROGRAM SHALL SUBMIT TO THE STATE BOARD, AND EACH PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL ALSO SUBMIT TO THE COMMISSION, AN ANNUAL REPORT TO ASSIST THE STATE BOARD AND THE COMMISSION IN REVIEWING THE TEACHER PREPARATION PROGRAM PURSUANT TO THIS SUBSECTION (5). THE STATE BOARD AND THE COMMISSION, WITH INPUT FROM REPRESENTATIVES OF BOTH NONPUBLIC AND PUBLIC INSTITUTIONS OF HIGHER EDUCATION THAT PROVIDE TEACHER PREPARATION PROGRAMS, SHALL SPECIFY THE INFORMATION TO BE INCLUDED IN THE ANNUAL REPORT.

(d) (I)  IF A PUBLIC INSTITUTION OF HIGHER EDUCATION CHOOSES TO OFFER A NEW DEGREE PROGRAM THAT INCLUDES A TEACHER PREPARATION PROGRAM, ADD A NEW TEACHER PREPARATION PROGRAM TO AN EXISTING DEGREE PROGRAM, OR MODIFY AN EXISTING APPROVED TEACHER PREPARATION PROGRAM EITHER BY CHANGING THE SUBSTANCE OF THE PROGRAM OR EXPANDING THE AVAILABILITY OF THE PROGRAM TO A NEW GEOGRAPHIC AREA, THE PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL SIMULTANEOUSLY FILE WITH THE COMMISSION AND THE STATE BOARD A NOTICE OF INTENT TO OFFER A NEW OR MODIFIED TEACHER PREPARATION PROGRAM. THE COMMISSION SHALL REVIEW THE NOTICE OF INTENT TO MAKE AN INITIAL DETERMINATION AS TO WHETHER THE NEW OR MODIFIED PROGRAM WOULD COMPLY WITH SECTIONS 23­1­108 AND 23­1­121, C.R.S., AND ANY COMMISSION POLICIES ADOPTED PURSUANT TO SAID SECTIONS. THE STATE BOARD SHALL REVIEW THE NOTICE OF INTENT TO DETERMINE WHETHER THERE IS A DOCUMENTED NEED FOR THE NEW OR MODIFIED PROGRAM AND WHETHER THE NEW OR MODIFIED PROGRAM WOULD COMPLY WITH THE REQUIREMENTS OF THIS SECTION AND THE RULES ADOPTED PURSUANT TO THIS SECTION.

(II)  WITHIN FORTY­FIVE DAYS AFTER FILING OF THE NOTICE, THE COMMISSION AND THE STATE BOARD SHALL EACH COMPLETE THE INITIAL REVIEW OF THE NEW OR MODIFIED PROGRAM AND NOTIFY THE PUBLIC INSTITUTION OF HIGHER EDUCATION THAT THE PROGRAM IS EITHER DENIED OR INITIALLY APPROVED. IF EITHER THE COMMISSION OR THE STATE BOARD DENIES PERMISSION TO DEVELOP THE NEW OR MODIFIED PROGRAM, THE PUBLIC INSTITUTION SHALL NOT PROCEED WITH THE CREATION OR MODIFICATION OF THE PROGRAM. IF BOTH THE COMMISSION AND THE STATE BOARD GRANT INITIAL APPROVAL OF THE NEW OR MODIFIED PROGRAM, THE PUBLIC INSTITUTION OF HIGHER EDUCATION MAY PROCEED WITH CREATION OR MODIFICATION OF THE PROGRAM.

(III)  UPON COMPLETION OF A NEW OR MODIFIED TEACHER PREPARATION PROGRAM, THE PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL SIMULTANEOUSLY SUBMIT TO THE COMMISSION AND THE STATE BOARD A COMPLETE DESCRIPTION OF THE NEW OR MODIFIED PROGRAM. THE PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL ALSO PROVIDE ANY FURTHER INFORMATION CONCERNING THE PROGRAM THAT MAY BE REQUESTED BY EITHER THE COMMISSION OR THE STATE BOARD. THE COMMISSION SHALL REVIEW THE NEW OR MODIFIED PROGRAM TO DETERMINE WHETHER IT MEETS THE REQUIREMENTS SPECIFIED IN SECTIONS 23­1­108 AND 23­1­121, C.R.S., AND ANY COMMISSION POLICIES ADOPTED PURSUANT TO SAID SECTIONS. THE STATE BOARD SHALL REVIEW THE NEW OR MODIFIED PROGRAM TO DETERMINE WHETHER IT COMPLIES WITH THE REQUIREMENTS SPECIFIED IN THIS SECTION AND ANY RULES ADOPTED PURSUANT TO THIS SECTION.

(IV)  WITHIN ONE HUNDRED TWENTY DAYS AFTER SUBMITTAL OF THE PROGRAM DESCRIPTION, THE COMMISSION AND THE STATE BOARD SHALL INFORM THE PUBLIC INSTITUTION OF HIGHER EDUCATION OF THE APPROVAL OR DENIAL OF THE NEW OR MODIFIED PROGRAM; EXCEPT THAT THE TIME FOR APPROVING OR DENYING THE PROGRAM MAY BE EXTENDED IF AGREED TO BY THE COMMISSION, THE STATE BOARD, AND THE PUBLIC INSTITUTION OF HIGHER EDUCATION. THE PUBLIC INSTITUTION SHALL NOT IMPLEMENT A NEW OR MODIFIED TEACHER PREPARATION PROGRAM UNTIL THE PROGRAM HAS BEEN FINALLY APPROVED BY BOTH THE COMMISSION AND THE STATE BOARD.

(e)  THE DEPARTMENT OF HIGHER EDUCATION SHALL ASSIST THE COMMISSION AND THE DEPARTMENT OF EDUCATION SHALL ASSIST THE STATE BOARD IN THE REVIEW OF TEACHER PREPARATION PROGRAMS PURSUANT TO THIS SUBSECTION (5).".

Page 8, strike lines 1 through 15;

line 17, strike "DEPARTMENT" and substitute "COMMISSION AND THE STATE BOARD";

line 19, before "REPORT", insert "JOINT";".

Page 259, strike lines 8 through 45 and substitute the following:

""SECTION 2.  23­1­121 (2), Colorado Revised Statutes, is amended, and the said 23­1­121 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

23­1­121.  Commission directive ­ education in standards­based education. (2)  It is therefore the intent of the general assembly that, in consultation with the state board of education, the state standards and assessments adoption and implementation council created pursuant to section 22­7­404, C.R.S., and appropriate school district boards of education, the commission adopt the necessary policies and procedures to ensure that institutions of higher education include the precepts of standards­based education, as outlined in part 4 of article 7 of title 22, C.R.S., in the curriculum for persons who are preparing to enter the teaching profession. Such policies and procedures shall include guidelines on programs of teaching methodology that have demonstrable success in advancing the goals of standards­based education. Such policies and procedures shall not limit the authority of the state board of education to evaluate and approve the programs of teacher preparation offered at Colorado institutions of higher education pursuant to section 22­2­109, C.R.S., AND SHALL NOT CONFLICT WITH THE STANDARDS FOR APPROVAL OF TEACHER PREPARATION PROGRAMS ADOPTED BY THE STATE BOARD PURSUANT TO SAID SECTION.

(3)  PURSUANT TO THE PROVISIONS OF SECTION 22­2­109 (5), C.R.S., THE COMMISSION, SIMULTANEOUSLY WITH THE STATE BOARD OF EDUCATION, SHALL REVIEW AND EITHER APPROVE OR DENY EXISTING TEACHER PREPARATION PROGRAMS AND ANY NEW DEGREE PROGRAM THAT INCLUDES A TEACHER PREPARATION PROGRAM, ANY NEW TEACHER PREPARATION PROGRAM THAT IS ADDED TO AN EXISTING DEGREE PROGRAM, AND ANY MODIFICATION OF AN EXISTING APPROVED TEACHER PREPARATION PROGRAM, INCLUDING CHANGES TO THE SUBSTANCE OF THE PROGRAM AND EXPANSION OF THE AVAILABILITY OF THE PROGRAM TO A NEW GEOGRAPHIC AREA. SUCH REVIEW SHALL CONSIST OF DETERMINING WHETHER THE TEACHER PREPARATION PROGRAM MEETS THE REQUIREMENTS OF SECTION 23­1­108 AND THIS SECTION AND ANY COMMISSION POLICIES ADOPTED PURSUANT TO SECTION 23­1­108 OR THIS SECTION.".".

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

Amendment No. 1, by Senator Chlouber

Amend printed bill, page 2, after line 7, insert the following:

"SECTION 2.  12­60­204, Colorado Revised Statutes, is amended to read:

12­60­204.  Board of stewards or judges. The division shall establish a board of three TWO stewards or judges to assist in supervising the conduct of any race meet. Two members ONE MEMBER of the board of stewards or judges shall be employees AN EMPLOYEE of the division. The remaining member shall be an employee of the track at which the race meet is held, shall be subject to the approval of the commission, and may be removed by the commission at any time for any reason which the commission deems good and sufficient.".

Renumber succeeding sections accordingly.

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

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

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

(Printed in Senate Journal, February 5, pages 191-194.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 8, pages 712-713.)

Amendment No. 3, by Senator Phillips

Amend the Health, Environment, Welfare and Institutions Committee amendment, as printed in Senate Journal, February 5, page 192, after line 55, insert the following:

"(5)  NOTHING IN THIS ARTICLE SHALL REQUIRE A GOVERNING BODY OR GROUP OF GOVERNING BODIES OPERATING A CHILD WELFARE MANAGED CARE PILOT SITE PURSUANT TO SECTION 26­5­105.5, C.R.S., TO CHANGE OR MODIFY SUCH PROGRAM OR FUNDING IN SUCH PROGRAM IN ORDER TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.".

Amendment No. 4, by Senator Arnold

Amend the Health, Environment, Welfare and Institutions Committee amendment, as printed in Senate Journal, February 5, page 192, line 1, strike "CENTER," and substitute "CENTERS,";

line 31 of the committee amendment, strike "OR GROUPS OF GOVERNING BODIES".

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

SB 99-134 by Sen. Hillman; Rep. McPherson--Contracting For State Financing Methods

Amendment No. 1, Finance Committee Amendment

(Printed in Senate Journal, February 8, pages 197-198.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 9, pages 733-734.)

Amendment No. 3, by Senator Hillman

Amend the committee amendment, as printed in Senate Journal, April 9, page 733, line 57, strike "CONSTITUTION;"." and substitute "CONSTITUTION;";";

after line 57, insert the following:

"strike line 2.".

Amendment No. 4, by Senator Hillman

Amend printed bill, page 2, line 23, strike "AGREEMENT, CERTIFICATE OF PARTICIPATION," and substitute "AGREEMENT ENTERED INTO PURSUANT TO PART 7 OF ARTICLE 82 OF THIS TITLE, CERTIFICATE OF PARTICIPATION ISSUED PURSUANT TO PART 7 OF ARTICLE 82 OF THIS TITLE,".

As amended, declared LOST on Second Reading.

SB 99-117 by Sen. Dennis; Rep. Taylor--Remove Clean Vehicle Fleet Plan From SIP

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, February 8, page 206.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 9, page 734.)

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

SB 99-133 by Sen. Lamborn; Rep. McPherson--Property Rights Violation Atty Fees

Laid over until Thursday, April 15, retaining its place on the calendar. (For further

action, see page 802, where the Blickensderfer amendment to the Report of the Committee

of the Whole was adopted and SB99-133 was ordered laid over until the General Orders

calendar of Wednesday, April 14.)

SB 99-152 by Sen. Linkhart; Rep. Alexander--Child Care

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

(Printed in Senate Journal, February 11, pages 237-238.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 9, pages 734-735.)

Amendment No. 3, by Senator Linkhart

Amend printed bill, page 7, line 2, strike "following:" and substitute "following:";

strike line 3;

line 4, strike "offense, as defined in section 18­3­411 (1), C.R.S.; or a" and substitute "Child abuse, as specified in section 18­6­401, C.R.S.; an unlawful sexual offense, as defined in section 18­3­411 (1), C.R.S.; or a CRIMINAL OFFENSES SPECIFIED IN SECTION 26­6­104 (7) OR ANY OTHER".

Page 9, line 10, strike "26­6­108 (2) (c)," and substitute "26­6­108 (2) (c) and (2.5),";

after line 25, insert the following:

"(2.5) (a)  The department shall deny a license under the circumstances described in section 26­6­104 (7). The department shall revoke a license previously issued if:

(I)  The licensee, person employed by the licensee, or person residing with the licensee is thereafter convicted or if it is later discovered that the licensee, person employed by the licensee, or person residing with the licensee had previously been convicted of felony child abuse, as defined in section 18­6­401, C.R.S., or any unlawful sexual offense against a child, as defined in section 18­3­411 (1), C.R.S. OF ANY OF THE CRIMINAL OFFENSES SET FORTH IN SECTION 26­6­104 (7); or

(II)  The department has a certified court order from another state indicating that the licensee, person employed by the licensee, or person residing with the licensee is thereafter convicted of, or if it is later discovered that the licensee, person employed by the licensee, or person residing with the licensee had previously been convicted of, felony child abuse or any unlawful sexual offense against a child A CRIMINAL OFFENSE under a law of any other state or of the United States THAT IS SIMILAR TO ANY OF THE CRIMINAL OFFENSES SET FORTH IN SECTION 26­6­104 (7); or

(III)  The licensee, person employed by the licensee, or person residing with the licensee has entered into a deferred judgment agreement or a deferred prosecution agreement as to felony child abuse, as defined in section 18­6­401, C.R.S., or any unlawful sexual offense against a child, as defined in section 18­3­411 (1), C.R.S., or if the department has a certified court order from another state indicating such an agreement from another state FOR PURPOSES OF THIS PARAGRAPH (a), "CONVICTED" MEANS A CONVICTION BY A JURY OR BY A COURT AND SHALL ALSO INCLUDE A DEFERRED JUDGMENT AND SENTENCE AGREEMENT, A DEFERRED PROSECUTION AGREEMENT, A DEFERRED ADJUDICATION AGREEMENT, AN ADJUDICATION, AND A PLEA OF GUILTY OR NOLO CONTENDERE.

(b)  A certified copy of the judgment of a court of competent jurisdiction of such conviction or deferred judgment AND SENTENCE agreement, or deferred prosecution agreement, DEFERRED ADJUDICATION AGREEMENT, OR A CERTIFIED COURT ORDER FROM ANOTHER STATE INDICATING SUCH AN AGREEMENT FROM ANOTHER STATE shall be prima facie evidence of such conviction or agreement.".

Amendment No. 4, by Senator Linkhart

Amend printed bill, page 7, line 10, after "DAYS.", insert "EACH PERSON SO EXEMPTED FROM FINGERPRINTING SHALL SIGN A STATEMENT THAT AFFIRMATIVELY STATES THAT HE OR SHE HAS NOT BEEN CONVICTED OF ANY CHARGE OF CHILD ABUSE, UNLAWFUL SEXUAL OFFENSE, OR ANY FELONY. PROSPECTIVE EMPLOYERS OF SUCH EXEMPTED PERSONS SHALL CONDUCT REFERENCE CHECKS OF THE PROSPECTIVE EMPLOYEES IN ORDER TO VERIFY PREVIOUS WORK HISTORY AND SHALL CONDUCT PERSONAL INTERVIEWS WITH EACH SUCH PROSPECTIVE EMPLOYEE.".

Amendment No. 5, by Senator Linkhart

Amend the Health, Environment, Welfare, and Institutions Committee amendment, as printed in Senate Journal, February 11, page 237, line 37, strike "(7), Colorado Revised Statutes, is" and substitute "(1) and (7), Colorado Revised Statutes, are";

strike line 40 of the committee amendment and substitute the following:

"26­6­104.  Licenses ­ out­of­state notices and consent. (1)  No person shall operate any agency or facility defined in this part 1 without first being licensed to operate or maintain such agency or facility by the department and paying the fee prescribed therefor. Such license issued by the department shall be permanent unless otherwise revoked or suspended pursuant to section 26­6­108. A person operating a foster care home shall not obtain a license if such person holds a certificate to operate such home from any county department or a child placement agency licensed under the provisions of this part 1. Said certificate shall be in such form as prescribed and provided by the department, shall certify that such person is a suitable person to operate a home, and shall contain such information as the department requires. A placement agency issuing or renewing any such certificate shall transmit a copy or report thereof to the department. No foster care home shall be certified by more than one placement agency or county department. A foster care home, when certified by a placement agency or county department, may receive for care a child from sources other than the certifying agency or county department upon the written consent and approval of the agency or county department as to each such child. All such certificates shall be considered licenses for the purpose of this part 1, INCLUDING BUT NOT LIMITED TO THE INVESTIGATION AND CRIMINAL BACKGROUND CHECKS REQUIRED UNDER SECTION 26-6-107.

(7) (a) (I)  No".

Amendment No. 6, by Senator Linkhart

Amend printed bill, page 5, line 12, after "FACILITY", insert "OR THE CERTIFICATION OF A FOSTER CARE HOME".

Page 6, line 2, after "FACILITY", insert "OR THE CERTIFICATION OF A FOSTER CARE HOME".

Page 9, after line 8, insert the following:

"SECTION 6.  26­6­107 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

26­6­107.  Investigations and inspections ­ local authority ­ reports. (1) (a.5)  AN APPLICANT FOR CERTIFICATION AS A FOSTER CARE HOME SHALL PROVIDE THE CHILD PLACEMENT AGENCY OR THE DEPARTMENT OF SOCIAL SERVICES FROM WHOM THE CERTIFICATION IS SOUGHT WITH A LIST OF ALL THE PRIOR CHILD PLACEMENT AGENCIES AND COUNTY DEPARTMENTS OF SOCIAL SERVICES THAT HAD PREVIOUSLY CERTIFIED THE APPLICANT. A CHILD PLACEMENT AGENCY OR COUNTY DEPARTMENT OF SOCIAL SERVICES FROM WHOM THE CERTIFICATION IS SOUGHT SHALL CONDUCT A REFERENCE CHECK OF THE APPLICANT BY CONTACTING ALL OF THE CHILD PLACEMENT AGENCIES AND COUNTY DEPARTMENTS OF SOCIAL SERVICES IDENTIFIED BY THE APPLICANT BEFORE ISSUING THE CERTIFICATION FOR THAT FOSTER CARE HOME.".

Renumber succeeding sections accordingly.

Amendment No. 7, by Senator Linkhart

Amend printed bill, page 4, line 15, after "(5.7)", insert "(a)" and after "THE", insert "FINAL AGENCY ACTION RESULTING IN THE";

line 16, after "CARE", insert "CENTER LICENSE OR A FAMILY CHILD CARE HOME";

line 17, strike "A CHILD CARE" and substitute "SUCH A";

strike line 18 and substitute the following:

"PROBATIONARY LICENSE.

(b)  FOR PURPOSES OF THIS SUBSECTION (5.7), "FINAL AGENCY ACTION" MEANS THE DETERMINATION MADE BY THE DEPARTMENT, AFTER OPPORTUNITY FOR HEARING, TO DENY, SUSPEND, REVOKE, OR DEMOTE TO PROBATIONARY STATUS A CHILD CARE CENTER LICENSE OR FAMILY CHILD CARE HOME LICENSE OR AN AGREEMENT BETWEEN THE DEPARTMENT AND THE LICENSEE CONCERNING THE DEMOTION OF SUCH A LICENSE TO PROBATIONARY STATUS.".

Page 8, line 8, after "(b)", insert "(I)";

line 22, after "rules", insert "CONCERNING THE ON­SITE PUBLIC AVAILABILITY OF THE MOST RECENT INSPECTION REPORT RESULTS OF CHILD CARE CENTER FACILITIES AND FAMILY CHILD CARE HOME FACILITIES, WHEN REQUESTED. THE STATE BOARD SHALL ALSO ADOPT RULES";

line 23, after "care", insert "CENTER FACILITIES AND FAMILY CHILD CARE HOME";

line 25, after "EACH", insert "SUCH".

Page 9, strike lines 1 through 8 and substitute the following:

"OPERATIONAL HOURS OF THE FACILITY.

(II)  IF, AS A RESULT OF AN INSPECTION OF A LICENSED CHILD CARE CENTER FACILITY OR FAMILY CHILD CARE HOME FACILITY, THE DEPARTMENT DETERMINES THAT THERE WERE NO SERIOUS VIOLATIONS OF ANY OF THE STANDARDS PRESCRIBED AND PUBLISHED BY THE DEPARTMENT OR ANY OF THE PROVISIONS OF THIS PART 1, WITHIN TWENTY DAYS AFTER COMPLETING THE INSPECTION THE DEPARTMENT SHALL SEND A WRITTEN NOTICE TO SUCH FACILITY INDICATING SUCH FACT. WITHIN TEN DAYS AFTER RECEIPT OF SUCH WRITTEN NOTICE, THE LICENSEE SHALL SEND A COPY OF THE WRITTEN NOTICE TO THE PARENTS AND LEGAL GUARDIANS OF THE CHILDREN CARED FOR AT THE CHILD CARE CENTER FACILITY OR FAMILY CHILD CARE HOME FACILITY.".

Page 10, line 24, before "FACILITY", insert "CHILD CARE CENTER FACILITY OR FAMILY CHILD CARE HOME".

Page 11, line 3, strike "FACILITY." and substitute "CHILD CARE CENTER FACILITY OR FAMILY CHILD CARE HOME FACILITY. THE DEPARTMENT SHALL MAINTAIN THE CONFIDENTIALITY OF THE NAMES AND MAILING ADDRESSES PROVIDED TO IT PURSUANT TO THIS SUBSECTION (1).";

after line 17, insert the following:

"(d)  NOTHING IN THIS SUBSECTION (1) SHALL BE CONSTRUED TO PRECLUDE THE DEPARTMENT OR A COUNTY DEPARTMENT OF SOCIAL SERVICES FROM NOTIFYING PARENTS OF SERIOUS VIOLATIONS OF ANY OF THE STANDARDS PRESCRIBED AND PUBLISHED BY THE DEPARTMENT OR ANY OF THE PROVISIONS OF THIS PART 1 THAT COULD IMPACT THE HEALTH, SAFETY, OR WELFARE OF A CHILD CARED FOR AT THE FACILITY OR HOME.";

line 19, after "CARE", insert "CENTER FACILITIES AND FAMILY CHILD CARE HOME".

Amendment No. 8, by Senator Linkhart

Amend printed bill, page 9, line 11, strike "A" and substitute "THE FOLLOWING";

line 12, strike "SUBSECTION," and substitute "SUBSECTIONS,".

Page 10, strike line 4 and substitute the following:

"THE DEPARTMENT OR THE PROVISIONS OF THIS PART 1.

(4)  THE PROVISIONS OF PARAGRAPH (c) OF SUBSECTION (2) OF THIS SECTION SHALL NOT APPLY TO FOSTER CARE HOMES, UNLESS SUCH USE OR CONSUMPTION IMPAIRS THE LICENSEE'S ABILITY TO PROPERLY CARE FOR CHILDREN.".

Amendment No. 9, by Senator Linkhart

Amend printed bill, page 10, strike lines 18 and 19 and substitute the following:

"DEPARTMENT TO FUND ACTIVITIES RELATED TO THE IMPROVEMENT OF THE QUALITY OF CHILD CARE IN THE STATE OF COLORADO.".

Amendment No. 10, by Senator Linkhart

Amend printed bill, page 7, line 22, after "abuse.", insert "PURSUANT TO SECTION 19­1­307 (2) (j), C.R.S., INFORMATION SHALL BE MADE AVAILABLE IF A PERSON'S NAME IS ON THE CENTRAL REGISTRY OF CHILD PROTECTION, OR HAS BEEN IDENTIFIED AS THE SUBJECT OF A "STATUS PENDING" REPORT PREPARED PURSUANT TO SECTION 19­3­313, C.R.S.".

Page 16, after line 3, insert the following:

"SECTION 9.  19­3­313 (5.5) (a) and (5.5) (b) (I), Colorado Revised Statutes, are amended, and the said 19­3­313 (5.5) (b) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:

19­3­313.  Central registry ­ repeal. (5.5) (a)  Except as provided in paragraph (c) of this subsection (5.5), effective April 1, 1997, the director of the central registry shall send a written notice to each subject whose name the director receives for placement on the central registry AS A PERPETRATOR. The notice shall include the name of the child, type of abuse, date of the incident, county department that filed a report with the registry, information concerning persons or agencies that have access to the report, and information concerning the subject's right to have an administrative review pursuant to the provisions of this subsection (5.5) before having his or her name placed on the central registry AS A PERPETRATOR.

(b) (I)  The subject of the report may request the director of the central registry to review the investigation made by the county department or local law enforcement agency. The request shall be in writing and shall be made within fourteen days after the date of the mailing of the notice sent to the subject in accordance with paragraph (a) of this subsection (5.5). Upon receipt of written notice of the decision of the director, the subject shall have thirty days to request a fair hearing as provided under the "State Administrative Procedure Act", article 4 of title 24, C.R.S., to determine whether the record of the report is accurate and there is a preponderance of evidence to support a finding of child abuse or neglect so that the subject's name should be placed on the registry AS A PERPETRATOR. The burden of proof in such a hearing shall be on the department.

(III)  FOLLOWING THE CENTRAL REGISTRY REVIEW OF THE INVESTIGATION MADE BY THE COUNTY DEPARTMENT OR LOCAL LAW ENFORCEMENT AGENCY, IF THE DIRECTOR OF THE CENTRAL REGISTRY DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT THE NAME OF THE SUBJECT INVESTIGATED WARRANTS PLACEMENT ON THE CENTRAL REGISTRY AS A PERPETRATOR, THEN THE SUBJECT'S NAME SHALL BE DESIGNATED "STATUS PENDING", PENDING THE OUTCOME OF THE SUBSEQUENT REVIEWS AND HEARINGS DESCRIBED IN THIS SECTION. ONLY THOSE ENTITIES THAT ARE AUTHORIZED PURSUANT TO SECTION 19­1­307 TO RECEIVE INFORMATION CONCERNING THE CENTRAL REGISTRY OF CHILD PROTECTION MAY OBTAIN INFORMATION CONCERNING THOSE SUBJECTS WHOSE STATUS IS DESIGNATED AS "STATUS PENDING".".

Renumber succeeding section accordingly.

Amendment No. 11, by Senator Linkhart

Amend the Health, Environment, Welfare and Institutions Committee amendment, as printed in Senate Journal, February 11, page 238, line 46, after "part 1", insert "OR ASSESS A FINE AGAINST THE LICENSEE PURSUANT TO SECTION 26­6­114".

Amendment No. 12, by Senator Linkhart

Amend the Appropriations Committee amendment, as printed in Senate Journal, April 9, page 735, line 9, strike "APPROPRIATE";" and substitute "APPROPRIATE AS";".

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

SB 99-065 by Sen. Reeves; Rep. Leyba--Central Indexing System

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 5, pages 173-186.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 9, page 736.)

Amendment No. 3, by Senator Reeves

Amend the Business Affairs and Labor Committee amendment, as printed in Senate Journal, February 5, page 173, strike lines 32 and 33, and substitute the following:

"(a)  "BOARD" MEANS THE CENTRAL INFORMATION SYSTEM BOARD ESTABLISHED IN SECTION 4­9.3­103.

(b)  "CENTRAL FILING OFFICER" MEANS THE DESIGNEE OF THE BOARD.";

line 35, strike "(b)" and substitute "(c)";

line 38, strike "EFFECTIVE" and substitute "EXCEPT TO THE EXTENT OTHERWISE PROVIDED IN SECTION 4­9­401 (1) (b) (I) (A), EFFECTIVE";

strike lines 44 through 46, and substitute "DATABASE PURSUANT TO";

strike lines 58 through 62, and substitute the following:

"(3) (a)  THE CENTRAL FILING OFFICER SHALL, ON AND AFTER JANUARY 1, 2000, EXECUTE, ADMINISTER, PERFORM, AND ENFORCE THE RIGHTS, POWERS, DUTIES, FUNCTIONS, AND OBLIGATIONS VESTED PRIOR TO JANUARY 1, 2000, IN THE SECRETARY OF STATE AND, EXCEPT WITH RESPECT TO FILINGS UNDER SECTION 4­9­401 (1) (b) (I) (A), IN EACH COUNTY CLERK AND RECORDER, CONCERNING THE FILING AND MAINTAINING OF RECORDS PERTAINING TO SECURITY INTERESTS UNDER PART 4 OF ARTICLE 9 OF THIS TITLE AND UNDER ARTICLES 9.3 AND 9.5 OF THIS TITLE. ON JANUARY 1, 2000, ALL EMPLOYEES OF THE SECRETARY OF STATE WHOSE PRINCIPAL DUTIES ARE CONCERNED WITH THE DUTIES AND FUNCTIONS TO BE PERFORMED BY THE CENTRAL FILING OFFICER AND WHOSE EMPLOYMENT BY THE CENTRAL FILING OFFICER IS DEEMED NECESSARY BY THE CENTRAL FILING OFFICER TO CARRY OUT THE PURPOSES OF THIS PART 4 AND OF ARTICLES 9.3 AND 9.5 OF THIS TITLE SHALL BE TRANSFERRED TO THE CENTRAL FILING OFFICER AND SHALL BECOME EMPLOYEES THEREOF. SUCH EMPLOYEES SHALL RETAIN ALL RIGHTS TO THE STATE PERSONNEL SYSTEM AND RETIREMENT BENEFITS UNDER THE LAWS OF THIS STATE, AND THEIR SERVICES SHALL BE DEEMED TO HAVE BEEN CONTINUOUS. ALL TRANSFERS AND ANY ABOLISHMENT OF POSITIONS IN THE STATE PERSONNEL SYSTEM SHALL BE MADE AND PROCESSED IN ACCORDANCE WITH STATE PERSONNEL SYSTEM LAWS AND RULES.

(b)  EXCEPT AS OTHERWISE PROVIDED IN SECTION 4­9­414 (1), ON JANUARY 1, 2000, ALL ITEMS OF PROPERTY, REAL AND PERSONAL, INCLUDING OFFICE FURNITURE AND FIXTURES, BOOKS, DOCUMENTS, AND RECORDS OF THE SECRETARY OF STATE PERTAINING TO THE DUTIES AND FUNCTIONS TRANSFERRED TO THE CENTRAL FILING OFFICER, SHALL BE TRANSFERRED TO THE CENTRAL FILING OFFICER AND SHALL BECOME THE PROPERTY THEREOF.

(c)  ON OR AFTER JANUARY 1, 2000, WHENEVER THE SECRETARY OF STATE IS REFERRED TO OR DESIGNATED BY ANY CONTRACT OR OTHER DOCUMENT ENTERED INTO PRIOR TO JANUARY 1, 2000, TO WHICH THE SECRETARY OF STATE IS A PARTY IN CONNECTION WITH THE DUTIES AND FUNCTIONS TO BE PERFORMED BY THE CENTRAL FILING OFFICER, SUCH REFERENCE OR DESIGNATION SHALL BE DEEMED TO REFER TO OR DESIGNATE THE BOARD. ALL CONTRACTS ENTERED INTO BY THE SECRETARY OF STATE PRIOR TO JANUARY 1, 2000, IN CONNECTION WITH THE DUTIES AND FUNCTIONS TO BE PERFORMED BY THE CENTRAL FILING OFFICER ARE HEREBY VALIDATED, WITH THE BOARD SUCCEEDING TO ALL THE RIGHTS AND OBLIGATIONS OF SUCH CONTRACTS. ANY APPROPRIATIONS OF FUNDS FROM PRIOR FISCAL YEARS OPEN TO SATISFY OBLIGATIONS INCURRED UNDER SUCH CONTRACTS ARE HEREBY TRANSFERRED AND APPROPRIATED TO THE BOARD FOR THE PAYMENT OF SUCH OBLIGATIONS.".

Page 174, strike lines 3 through 15;

line 17, strike "(II)" and substitute "(3)";

strike lines 19 and 20, and substitute the following:

"CENTRAL INFORMATION SYSTEM CASH FUND CREATED IN SECTION 4­9.3­105. ALL MONEYS CREDITED TO SUCH FUND SHALL BE USED";

line 21, strike "THIS SECTION" and substitute "SECTION 4­9.3­105";

line 23, strike "FILING OFFICE" and substitute "INFORMATION SYSTEM";

line 24, strike "CENTRAL";

line 25, strike "FILING OFFICER" and substitute "BOARD";

strike lines 27 through 39;

strike lines 66 through 68, and substitute the following:

"(d)  THE CENTRAL FILING OFFICER IS HEREBY".

Page 176, strike lines 7 through 11, and substitute the following:

"(5) (a)  EFFECTIVE JANUARY 1, 2000, A FINANCING STATEMENT FILED BEFORE JANUARY 1, 2000, MAY BE CONTINUED, AMENDED, ASSIGNED, OR TERMINATED OF RECORD ONLY BY FILING A CONTINUATION STATEMENT, AMENDMENT, OR TERMINATION STATEMENT, AS APPLICABLE, IN THE FILING OFFICE IN WHICH SUCH FINANCING STATEMENT WOULD BE REQUIRED TO BE FILED ON OR AFTER JANUARY 1, 2000, PURSUANT TO SECTION 4­9­401 (1) (b) TO PERFECT A SECURITY INTEREST IN THE COLLATERAL DESCRIBED IN SUCH FINANCING STATEMENT.

(b)  EFFECTIVE JANUARY 1, 2000, COLLATERAL MAY BE RELEASED OF RECORD ONLY BY FILING A STATEMENT OF RELEASE IN THE FILING OFFICE IN WHICH THE FINANCING STATEMENT THAT IS THE SUBJECT OF THE STATEMENT OF RELEASE WOULD BE REQUIRED TO BE FILED ON OR AFTER JANUARY 1, 2000, PURSUANT TO SECTION 4­9­401 (1) (b) (I) (A) TO PERFECT A SECURITY INTEREST IN THE COLLATERAL DESCRIBED IN SUCH FINANCING STATEMENT.";

line 25, strike "COMMUNICATED" and substitute "PRESENTED";

line 36, strike "NAME AND MAILING ADDRESS" and substitute "NAME, MAILING ADDRESS, AND SOCIAL SECURITY OR FEDERAL TAX IDENTIFICATION NUMBER";

line 39, after "AMENDMENT,", insert "CONTINUATION STATEMENT, STATEMENT OF ASSIGNMENT, STATEMENT OF RELEASE, OR TERMINATION STATEMENT,";

line 52, strike everything after the first "AN";

line 53, strike "STATEMENT OR AN";

line 57, strike "SIX­MONTH";

strike lines 69 through 71, and substitute the following:

"(c)  A RECORD IS AN INITIAL FINANCING STATEMENT UNLESS IT BOTH:

(I)  INDICATES THAT IT IS AN AMENDMENT, CONTINUATION STATEMENT, STATEMENT OF ASSIGNMENT, STATEMENT OF RELEASE, OR TERMINATION STATEMENT; AND

(II)  IDENTIFIES AN INITIAL FINANCING STATEMENT TO WHICH IT RELATES.".

Page 177, line 1, strike "(d)" and substitute "(4)";

line 3, strike "RECORD." and substitute "RECORD IF SUCH PERSON HAS PROVIDED IN WRITING A NAME AND ADDRESS FOR SUCH PURPOSE OR, IN ALL OTHER CASES, TO THE SECURED PARTY AT THE SECURED PARTY'S MOST RECENT ADDRESS OF RECORD.";

strike lines 13 and 14, and substitute the following:

"FILING OFFICER HAS on file, on AS OF the date and hour stated therein, any";

line 24, strike "HAS NOT BEEN RENDERED";

line 25, strike "INEFFECTIVE BY" and substitute "THE EFFECTIVENESS HAS NOT LAPSED AS A RESULT OF";

line 32, strike "files. (1) (a)  AFTER" and substitute "files ­ definitions. (1)  ON AND AFTER";

line 35, after "RECORDER,", insert "THE SECRETARY OF STATE, AND THE BOARD,";

strike lines 38 through 70, and substitute the following:

"DATABASE OF SUCH RECORDS AND AN ACCOMPANYING INDEX; AND UPON REQUEST BY THE CENTRAL FILING OFFICER, EACH COUNTY CLERK AND RECORDER, THE SECRETARY OF STATE, AND THE BOARD SHALL PROVIDE THE CENTRAL FILING OFFICER WITH THE FOLLOWING RECORDS:

(a)  ALL "UNIFORM COMMERCIAL CODE" RECORDS AND EFFECTIVE FINANCING STATEMENTS FILED ON OR AFTER JULY 1, 1996, WITH A COUNTY CLERK AND RECORDER OR THE SECRETARY OF STATE;

(b)  ALL "UNIFORM COMMERCIAL CODE" RECORDS FILED PRIOR TO JULY 1, 1996, THE EFFECTIVENESS OF WHICH HAVE BEEN CONTINUED BY CONTINUATION STATEMENTS FILED ON OR AFTER JULY 1, 1996, AND ON OR BEFORE DECEMBER 31, 1997, PURSUANT TO SECTION 4­9­412 AND THAT HAVE NOT BEEN TERMINATED PURSUANT TO SECTION 4­9­404;

(c)  ALL EFFECTIVE FINANCING STATEMENTS FILED PRIOR TO JULY 1, 1996, THE EFFECTIVENESS OF WHICH HAVE BEEN CONTINUED BY CONTINUATION STATEMENTS FILED ON OR AFTER JULY 1, 1996, AND ON OR BEFORE DECEMBER 31, 1997, PURSUANT TO SECTION 4­9.5­106 AND THAT HAVE NOT BEEN TERMINATED PURSUANT TO ARTICLE 9.5 OF THIS TITLE;

(d)  ALL CONTINUATION STATEMENTS, AMENDMENTS, STATEMENTS OF ASSIGNMENT, STATEMENTS OF RELEASE, AND TERMINATION STATEMENTS RELATING TO ANY "UNIFORM COMMERCIAL CODE" RECORDS OR EFFECTIVE FINANCING STATEMENTS REFERRED TO IN PARAGRAPHS (a), (b), OR (c) OF THIS SUBSECTION (1);

(e)  ALL NOTICES OF LIENS, CERTIFICATES, AND OTHER NOTICES AFFECTING FEDERAL TAX LIENS FILED WITH THE SECRETARY OF STATE PURSUANT TO SECTION 38­25­102 (2), C.R.S., ALL ITEMS FILED WITH THE BOARD PURSUANT TO SECTION 14­10­122, C.R.S., AND ALL ITEMS FILED WITH THE SECRETARY OF STATE PURSUANT TO SECTION 38­27­103, C.R.S.;

(f)  AS TO ALL ITEMS DESCRIBED IN PARAGRAPHS (a) TO (e) OF THIS SUBSECTION (1), AN ACCOMPANYING INDEX SUFFICIENT TO PERMIT LOCATION OF EACH FILING BY DEBTOR NAME, SOCIAL SECURITY OR FEDERAL TAX IDENTIFICATION NUMBER, OR FILE NUMBER.";

line 72, strike "(b)" and substitute "(2)".

Page 178, line 2, strike "RECORDER." and substitute "RECORDER PURSUANT TO SECTION 4­9­401 (1) (b) (I) (A).";

strike lines 5 through 7, and substitute "COUNTY PURSUANT TO SECTION 4­9­401 (1) (b) (I) (A) CONTINUE TO BE SO FILED.";

strike line 9;

line 10, strike "SUBSECTION (1)," and substitute the following:

"(3)  NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION,";

line 16, strike "PARAGRAPH (a) OF THIS SUBSECTION (1)." and substitute "SUBSECTION (1) OF THIS SECTION.";

strike lines 18 through 21, and substitute the following:

"(4)  BETWEEN JULY 1, 1999, AND JANUARY 1, 2000, THE BOARD AND EACH COUNTY CLERK AND RECORDER AND THE SECRETARY OF STATE, IN CONSULTATION WITH THE BOARD, SHALL ADOPT SUCH PROCEDURES AS THEY SHALL DEEM REASONABLE AND";

line 24, strike "PARAGRAPH (a) OF";

after line 25, insert the following:

"(5)  AS USED IN THIS SECTION:

(a)  "EFFECTIVE FINANCING STATEMENT" HAS THE MEANING SET FORTH IN SECTION 4­9.5­103 (7).

(b)  ""UNIFORM COMMERCIAL CODE" RECORDS" MEANS ALL FINANCING STATEMENTS AND OTHER ITEMS FILED PURSUANT TO THIS ARTICLE; EXCEPT THAT THE TERM DOES NOT INCLUDE FINANCING STATEMENTS FILED WITH A COUNTY CLERK AND RECORDER:

(I)  TO PERFECT A SECURITY INTEREST IN TIMBER TO BE CUT, MINERALS OR OTHER SUBSTANCES OF VALUE WHICH MAY BE EXTRACTED FROM THE EARTH OR ACCOUNTS SUBJECT TO SECTION 4­9­103 (5); OR

(II)  AS A FIXTURE FILING, AS DEFINED IN SECTION 4­9­313 (1) (b), TO PERFECT A SECURITY INTEREST IN GOODS WHICH ARE OR ARE TO BECOME FIXTURES.";

line 29, strike "CENTRAL FILING SYSTEM AND THE CENTRAL INDEX," and substitute "FILING SYSTEM AND INDEX MAINTAINED BY THE CENTRAL FILING OFFICER,";

line 30, strike "CENTRAL FILING OFFICER" and substitute "BOARD";

line 31, strike "OF THE" and substitute "OF SUCH RECORDS AND";

line 34, after "DOCUMENT", insert "TO THE CENTRAL FILING OFFICER";

line 36, strike "CENTRAL", and after "INDEX,", insert "THE RETRIEVABILITY OF AN IMAGE OF SUCH DOCUMENT FROM THE RECORDS OF THE CENTRAL FILING OFFICER,";

line 37, strike both the first "CENTRAL" and the second "CENTRAL";

line 42, strike "CENTRAL FILING OFFICER" and substitute "BOARD";

strike lines 46 through 56, and substitute the following:

"(3)  ON OR BEFORE JULY 1, 2000, AND ANNUALLY THEREAFTER, THE BOARD SHALL CAUSE TO BE PERFORMED A COMPARATIVE ANALYSIS OF THE SEARCHING AND INDEXING SYSTEMS EMPLOYED BY A REPRESENTATIVE SELECTION OF OTHER STATES FOR "UNIFORM COMMERCIAL CODE" FILINGS AND SHALL PREPARE AND DELIVER TO THE LEGISLATIVE AUDIT COMMITTEE A REPORT REFLECTING THE RESULTS OF SUCH STUDY.

SECTION 7.  4­9.3­101, Colorado Revised Statutes, is amended to read:

4­9.3­101.  Short title. This article shall be known and may be cited as the "Central Indexing INFORMATION System Act".".

Renumber succeeding sections accordingly.

Page 178, strike lines 66 and 67, and substitute the following:

"(2)  "CENTRAL FILING OFFICER" MEANS THE PERSON DESIGNATED BY THE BOARD PURSUANT TO SECTION 4­9.3­103.";

Page 179, strike lines 21 through 26, and substitute the following:

"4­9.3­104.  Central information system. (1)  On the earliest practical date, the board shall implement the central indexing INFORMATION system under the supervision of a designee of such board.

(2) (a) The indexing of a document pursuant to this article shall not constitute notice for purposes of section 38­35­109, C.R.S.

(b)  THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JANUARY 1, 2000.";

strike lines 70 through 72, and substitute the following:

"(3.4)  Revenues collected by the board AND THE CENTRAL FILING OFFICER from the operation of the central indexing system, with the exception of revenues derived from the surcharge described in subsection (3) of this section, THEIR RESPECTIVE OPERATIONS".

Page 180, line 46, strike "4­9.3­106 (1.5), (2), and (3)," and substitute "4­9.3­106,";

line 47, strike "are" and substitute "is";

strike line 49, and substitute the following:

"4­9.3­106.  Duties of filing officer ­ repeal. (1)  The office of the secretary of state or any county clerk and recorder receiving a filing to perfect a security interest or agricultural lien pursuant to article 9 of this title shall transmit a copy of such filing, including all required elements of a financing statement as stated in section 4­9­402 (1), whether received electronically or by hard copy, to the central indexing INFORMATION system in a timely manner.

(1.5)  Except as authorized".

Page 181, strike lines 2 and 3, and substitute the following:

"faith, the CONTRACTORS RETAINED BY THE department of revenue STATE and central indexing INFORMATION system board, contractors and contractors' AS WELL AS THE employees OF SUCH CONTRACTORS, shall be exempt from";

line 8, strike "4­9.5­103 (3)," and substitute "4­9.5­103 (1), (3),", and strike "(12)," and substitute "(7) (k),";

strike lines 15 and 16, and substitute the following:

"(1)  "Board" means the state central indexing INFORMATION system board, created in section 4­9.3­103.

(2.5)  "CENTRAL FILING OFFICER" MEANS THE PERSON DESIGNATED BY THE BOARD PURSUANT TO SECTION 4­9.3­103.";

strike lines 40 through 42, and substitute the following:

"(k)  Is on a form prescribed by the board CENTRAL FILING OFFICER; and";

line 44, strike everything after the comma;

line 45, strike "(2) and (3) (a), and 4­9.5­104 (4), (5) (a), (6)," and substitute "(4), (5) (a),";

strike lines 71 and 72.

Page 182, strike lines 1 and 2;

line 5, strike "board or its designee CENTRAL FILING" and substitute "board or its designee";

line 6, strike "OFFICER";

line 15, strike "board or its designee CENTRAL FILING OFFICER" and substitute "board or its designee";

strike lines 43 through 47;

line 63, strike "board or its designee" and substitute "board or its designee";

line 64, strike "CENTRAL FILING OFFICER";

line 65, strike "board or its designee CENTRAL FILING OFFICER" and substitute "board or its designee".

Page 183, line 34, strike "RECORD" and substitute "ITEM";

strike lines 40 and 41, and substitute the following:

"4­9.5­110.  Fees ­ rules ­ federal certification. (4)  IF REQUIRED BY THE FEDERAL "FOOD SECURITY ACT OF 1985", THE BOARD SHALL APPLY, NO LATER THAN JULY 31, 1999, TO THE SECRETARY OF THE UNITED STATES DEPARTMENT OF";

line 44, strike the second "THE" and substitute "SUCH FEDERAL LAW.";

strike line 45.

Page 184, line 30, strike "FILING OFFICER" and substitute "INFORMATION SYSTEM BOARD, CREATED IN SECTION 4­9.3­103, SHALL,";

line 31, strike "law may SHALL" and substitute "law, may";

strike line 35, and substitute the following:

"reduced, the secretary of state by rule or as otherwise provided by law CENTRAL INFORMATION SYSTEM BOARD";

line 36, strike "provided by law";

line 51, strike "IN SECTION 4­9­401.5," and substitute "PURSUANT TO SECTION 4­9.3­103 (1) (j),".

Page 185, line 4, strike "DESIGNATED IN";

line 5, strike "SECTION 4­9­401.5, C.R.S.,";

strike line 29, and substitute "central indexing";

line 32, strike "SUBPARAGRAPH (II)" and substitute "PARAGRAPH (f)";

line 43, strike "corporation" and substitute "corporation,";

line 44, strike "or partnership whose principal" and substitute "or partnership, OR LIMITED LIABILITY COMPANY whose principal CHIEF";

strike line 61, and substitute "DESIGNATED PURSUANT TO SECTION 4­9.3­103, C.R.S.".

Page 186, after line 37, insert the following:

"SECTION 27.  38­27­102, Colorado Revised Statutes, is amended to read:

38­27­102.  Notice of lien. Such lien shall take effect if, prior to any such judgment, settlement, or compromise, a written notice of lien containing the name and address of the injured person, the date of the accident, the name and location of the hospital, and the name of the person alleged to be liable to the injured person for the injuries received is filed by the hospital in the office of the secretary of state CENTRAL FILING OFFICER DESIGNATED PURSUANT TO SECTION 4­9.3­103, C.R.S. Hospital liens properly recorded with the division of insurance prior to July 1, 1994, shall be valid and enforceable without filing with the office of the secretary of state. Within ten days after such filing, the hospital shall mail by certified mail, return receipt requested, a copy of said notice to such injured person at the last address provided to the hospital by such person, to his or her attorney, if known, to the persons alleged to be liable to such injured person for the injuries sustained, if known, and to the insurance carriers, if known, which have insured such persons alleged to be liable against such liability. If an action for damages on account of such injuries or death is pending, the requirements of notice contained in this section shall be satisfied by the filing of the said notice of lien in the pending action, with copies thereof to the attorneys of record for the parties thereto.".

Renumber succeeding sections accordingly.

Amendment No. 4, by Senator Reeves

Amend the Business Affairs and Labor committee amendment, as printed in Senate Journal, February 5, page 178, strike lines 69 and 70, and substitute the following:

"SECTION 8.  4­9.3­103, Colorado Revised Statutes, is amended to read:".

Page 179, strike lines 5 through 16, and substitute the following:

"(I)  Two members appointed by the governor from the members of the Colorado association of clerks and recorders, one of whom shall be from a category I or II county and one of whom shall be from a category III, IV, or V county;

(II)  One member appointed by the secretary of state to represent the department of state; and

(III)  Eight members appointed by the governor, as follows:

(A)  Two members who represent lenders;

(B)  Two members who are agricultural producers;

(C)  One member who is a buyer of agricultural products;

(D)  One member who is an automobile representative;

(E)  One member who is a title insurance industry representative;

and

(F)  One member who is a representative of the motor vehicle division in the department of revenue.

(b) (I)  All members shall be appointed no later than December 31, 1996. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, THE TERMS OF ALL MEMBERS SHALL END ON JUNE 30, 1999, AND THE BOARD SHALL BE RECONSTITUTED IN ACCORDANCE WITH PARAGRAPH (c) OF THIS SUBSECTION (1).

(II)  THE MEMBERS SERVING ON JUNE 30, 1999, WHOSE POSITIONS REMAIN ON THE RECONSTITUTED BOARD SHALL BE REAPPOINTED. THE MEMBERS OF THE RECONSTITUTED BOARD SHALL HAVE SUCH INITIAL TERMS AS SHALL AUTHORIZE THREE MEMBERS TO SERVE UNTIL JULY 1, 2000, THREE MEMBERS TO SERVE UNTIL JULY 1, 2001, THREE MEMBERS TO SERVE UNTIL JULY 1, 2002, AND TWO MEMBERS TO SERVE UNTIL JULY 1, 2003. THEREAFTER, ALL APPOINTMENTS SHALL BE IN ACCORDANCE WITH PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION.

(III)  ON AND AFTER JUNE 30, 1999, UNTIL THE BOARD HAS BEEN FULLY RECONSTITUTED IN ACCORDANCE WITH PARAGRAPH (c) OF THIS SUBSECTION (1), the members of the committee appointed pursuant to section 4­9­411 PARAGRAPH (a) OF THIS SUBSECTION (1) shall serve as the central indexing INFORMATION system board and shall have all powers and duties of such board. until all members have been appointed pursuant to this section.

(c)  THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT OF STATE BY A type 1 TRANSFER, A CENTRAL INFORMATION SYSTEM BOARD WHICH SHALL CONSIST OF THE FOLLOWING ELEVEN MEMBERS:

(I)  ONE MEMBER APPOINTED BY THE GOVERNOR FROM THE MEMBERS OF THE COLORADO ASSOCIATION OF CLERKS;

(II)  ONE MEMBER APPOINTED BY THE SECRETARY OF STATE TO REPRESENT THE DEPARTMENT OF STATE; AND

(III)  NINE MEMBERS APPOINTED BY THE GOVERNOR, AS FOLLOWS:

(A)  TWO MEMBERS WHO REPRESENT LENDERS, OF WHICH ONE REPRESENTS LENDERS THAT DO BUSINESS IN COLORADO ONLY AND THE OTHER REPRESENTS LENDERS THAT DO BUSINESS IN COLORADO AND AT LEAST ONE OTHER STATE;

(B)  TWO MEMBERS WHO ARE AGRICULTURAL PRODUCERS;

(C)  ONE MEMBER WHO IS A BUYER OF AGRICULTURAL PRODUCTS;

(D)  ONE MEMBER WHO REPRESENTS THE PUBLIC RECORDS RESEARCH INDUSTRY;

(E)  ONE MEMBER WHO IS AN ATTORNEY;

(F)  ONE MEMBER WHO IS A REPRESENTATIVE OF THE MOTOR VEHICLE DIVISION IN THE DEPARTMENT OF REVENUE; AND

(G)  ONE MEMBER AT LARGE, WITH EXPERTISE IN COMPUTER TECHNOLOGY, REPRESENTING CITIZENS OF COLORADO.

(d)  PARAGRAPH (a) OF THIS SUBSECTION (1) IS REPEALED, EFFECTIVE JULY 1, 1999.

(2) (a)  Initial members shall be appointed to the board as follows: Three members shall serve until July 1, 1997, three members shall serve until July 1, 1998, three members shall serve until July 1, 1999, and two members shall serve until July 1, 2000. All subsequent appointments shall be for terms of four years. No member of the board shall be eligible to serve more than two consecutive terms.

(b)  Any vacancy on the board shall be filled for the unexpired term in the same manner as the original appointment. The member appointed to fill such vacancy shall be from the same category described in subsection (1) of this section as the member vacating the position.

(3)  In performing its duties pursuant to this article, the board has the power to:

(a)  Create and implement the central indexing INFORMATION system, which shall include the operation and improvement of the central filing system;

(b)  Adopt, rescind, modify, or amend rules, orders, and resolutions for the exercise of its AND THE CENTRAL FILING OFFICER'S powers and duties; including but not limited to rules lowering or increasing the amount of the surcharge imposed pursuant to section 4­9.3­105 (3), subject to article 4 of title 24, C.R.S.;

(c)  Enter into contracts deemed appropriate to the purpose of carrying out the purposes of the board;

(d)  Oversee the design, operation, and implementation of the central indexing INFORMATION system;

(d.5)  Explore ways and means of expanding the amount and kind of public information provided and the form in which it is provided, expanding the base of user associations that access such public information, and, where appropriate, implementing such expansion or increase;

(e)  Monitor program performance and accountability, INCLUDING THE PERFORMANCE OF THE CENTRAL FILING OFFICER DESIGNATED PURSUANT TO PARAGRAPH (j) OF THIS SUBSECTION (3);

(f)  Determine which filings to perfect security interests and notices of agricultural liens and other liens created by law shall be indexed in the central indexing system; HIRE ALL NECESSARY PERSONNEL AND PROCURE ALL NECESSARY PERSONAL SERVICES AND EQUIPMENT TO ASSIST THE CENTRAL FILING OFFICER IN EXERCISING THE POWERS AND CARRYING OUT THE DUTIES SET FORTH IN THIS ARTICLE AND PART 4 OF ARTICLE 9 AND ARTICLE 9.5 OF THIS TITLE, INCLUDING, WITHOUT LIMITATION, ACQUIRING THE CAPABILITY TO RECEIVE ELECTRONIC FILINGS. WHENEVER PRACTICABLE, THE BOARD SHALL CONTRACT WITH PRIVATE ENTITIES FOR THE PERFORMANCE OF SUCH DUTIES.

(g)  Establish fees to be charged for accessing information in the central indexing INFORMATION system, which fees shall be credited to the central indexing INFORMATION system cash fund, based upon the following factors:

(I)  The fiscal integrity of the central indexing INFORMATION system;

(II)  The right to access public information at a reasonable cost;

(III)  The market value of central indexing INFORMATION system information;

(IV)  The proper balance between filing surcharge fees and access fees;

(V)  The availability of other funding sources.

(h)  Contract with any public or private party concerning the design, implementation, operation, and improvement of the central indexing INFORMATION system, including accounting, information systems, and other professional services. The board shall acquire or lease the equipment and facilities necessary to carry out the purposes of the board.

(I)  Work with various sales tax jurisdictions to resolve the current problem of automobile lien perfection and the collection of sales taxes;

(j)  Establish fees for the filing of effective financing statements and continuation statements; ON OR BEFORE NOVEMBER 1, 1999, APPOINT A PERSON TO PERFORM THE DUTIES OF THE CENTRAL FILING OFFICER UNDER THIS ARTICLE AND PART 4 OF ARTICLE 9 AND ARTICLE 9.5 OF THIS TITLE. THE PERSON SO APPOINTED SHALL EXERCISE SUCH POWERS AS MAY BE DELEGATED BY THE BOARD OR THAT MAY BE NECESSARY TO DISCHARGE THE DUTIES OF THE CENTRAL FILING OFFICER, INCLUDING, WITHOUT LIMITATION, THE IMPLEMENTATION OF ALL CONTRACTS ENTERED INTO BY THE BOARD PERTAINING TO THE PERFORMANCE OF SUCH DUTIES. THE CENTRAL FILING OFFICER SHALL SERVE FOR AN INDEFINITE TERM, AT THE PLEASURE OF THE BOARD.

(k)  Establish fees for the filing of notices of agricultural liens created by law and promulgate forms for such filings;

(l)  Establish fees for distributing the master list or portions thereof to buyers of farm products, commission merchants, and selling agents, or for providing such master list or portions thereof to other interested parties pursuant to article 9.5 of this title in photocopy, microfiche, or computer­readable form. Such fees shall not exceed the actual cost of providing the lists in the form requested.

(m)  Hire employees, prescribe their duties, fix their compensation, and delegate board contract and disbursement responsibilities to such employees;

(n)  Bring suit in connection with the exercise of its powers;

(o)  Accept grants and moneys from the state or any other source;

(p)  Cooperate with any local, state, or national organizations or governmental entities engaged in activities similar to those of the board and contract with such organizations or entities for the purpose of carrying on joint programs;

(q)  Disburse funds in the central indexing INFORMATION system cash fund, created in section 4­9.3­105;

(r)  Perform such other acts as may be necessary to carry out its duties and powers.

(4)  The board shall not have the authority to establish or amend the fees for filings to perfect security interests established pursuant to section 4­11­102 or section 24­21­104, C.R.S.

(5)  Members of the board shall serve without compensation, but their expenses shall be reimbursed from the central indexing INFORMATION system cash fund, created in section 4­9.3­105.

(6)  The board shall choose a chairperson and vice­chairperson from among its members and may establish such organizational and procedural rules as are necessary.

(7)  Such administrative, clerical, technical, and legal assistance as the board may require shall be provided by the department of state, subject to the approval of the board.".

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

SB 99-020 by Sen. Phillips; Rep. Zimmerman--Hazardous Substance Response Moneys

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, January 29, page 137.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 9, pages 736-737.)

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

SB 99-169 by Sen. Wattenberg; Rep. George--Electricity Panel Expense Reimbursement

Ordered engrossed and placed on the calendar for Third Reading and Final Passage.

SB 99-165 by Sen. Rupert; Rep. McElhany--Funding Reading Services For The Blind

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 9, page 737.)

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

SB 99-163 by Sen. Feeley--Telecommunication Education Institute

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, February 12, page 257.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 9, page 737.)

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

SB 99-150 by Sen. Epps; Rep. George--Drug Dealer Liability Act

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, February 17, pages 299-300.)

Amendment No. 2, by Senator Epps

Amend printed bill, page 9, strike lines 7 through 9, and substitute the following:

"(b)  PRIOR TO THE PAYMENT OF ANY JUDGMENT AWARDED PURSUANT TO THIS PART 6, PAYMENT SHALL FIRST BE MADE TO SATISFY ANY ORDER OR JUDGMENT ENTERED AGAINST THE DEFENDANT IN A CRIMINAL PROCEEDING FOR RESTITUTION, INCLUDING ANY CONTRIBUTIONS TO A CRIME VICTIM COMPENSATION FUND PURSUANT TO ARTICLE 4.1 OF TITLE 24, C.R.S., OR TO A VICTIMS AND WITNESSES ASSISTANCE AND LAW ENFORCEMENT FUND PURSUANT TO ARTICLE 4.2 OF TITLE 24, C.R.S.".

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

SB 99-029 by Sen. Grampsas and Anderson; Rep. Spradley--Limited Gaming Fund Distributions

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 9, pages 740-742.)

Amendment No. 2, by Senator Anderson

Amend the committee amendment, as printed in Senate Journal, April 9,

page 740, line 31, strike "10." and substitute "1.".

Page 741, line 40, strike "11." and substitute "2.";

line 46, strike "12.  12­47.1­701 (4) (b) (I)" and substitute "3.  12­47.1­701 (4) (b)";

line 53, strike "TWENTY­TWO" and substitute "TWELVE";

line 58, strike "2005." and substitute "2002.";

line 64, strike "PRIOR TO JULY 1, 2002, TWO" and substitute "TEN";

line 67, strike the second "TO";

line 68, strike "FORTY­EIGHT AND EIGHT­TENTHS PERCENT." and substitute "ACCORDINGLY."

line 69, strike "2005." and substitute "2002.";

after line 69 insert the following:

"(II)  This paragraph (b) is repealed, effective September 1, 2002 JULY 1, 2005.".

Page 742, after line 4, insert the following:

"SECTION 4.  12­47.1­1601 (1) (c), Colorado Revised Statutes, is amended to read:

12­47.1­1601.  Local government limited gaming impact fund. (1) (c)  Following the final distribution of moneys from the municipal gaming impact fund made pursuant to section 12­47.1­1501, but in no event later than August 31, 2002 JUNE 31, 2005, any moneys remaining in the municipal gaming impact fund shall be transferred to the fund created by paragraph (a) of this subsection (1)."."

Page 742, line 6, strike "13." and substitute "5.".

Amendment No. 3, by Senator Anderson

Amend the Appropriation Committee amendment, as printed in Senate Journal, April 9, page 741, strike lines 25 and 26.

Reletter succeeding sub-subparagraphs accordingly.

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

SB 99-067 by Sen. Weddig; Rep. Grossman--Health Care For Aid To Needy Disabled

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 9, pages 737-740.)

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 the General Orders calendar, retaining its place on the calendar.

AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE

SB 99-133 by Sen. Lamborn; Rep. McPherson--Property Rights Violation Atty Fees

Senator Blickensderfer moved to amend the Report of the Committee of the Whole to

show that SB99-133 was laid over to the top of the Wednesday, April 14, General

Orders calendar.

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

SB 99-152 by Sen. Linkhart; Rep. Alexander--Child Care

Senator Hillman moved to amend the Report of the Committee of the Whole to

show that the Hillman amendment to SB99-152, as amended, did pass.

The motion was declared LOST by the following roll call vote:

YES 10		NO 23		EXCUSED 2		ABSENT 0
Anderson	N	Evans	N	Musgrave	Y	Tanner	N
Andrews	Y	Feeley	N	Nichol	N	Tebedo	Y
Arnold	N	Hernandez	N	Owen	Y	Teck	N
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	E	Lacy	E	Perlmutter	N	Wattenberg	N
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	N
Dennis	Y	Linkhart	N	Reeves	N	Wham	N
Dyer	N	Martinez	N	Rupert	N	Mr. President	N
Epps	N	Matsunaka	N	Sullivant	Y

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Hillman, 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:

SB99-164, 99-169 declared passed on Second Reading.

SB99-130, as amended, 99-145 as amended, 99-154 as amended, 99-081 as amended, 99- 023 as amended, 99-117 as amended, 99-152 as amended, 99-065 as amended, 99-020 as amended, 99-165 as amended, 99-163 as amended, 99-150 as amended, 99-029 as amended, 99-067 as amended, declared passed on Second Reading.

SB99-134 as amended, declared Lost on Second Reading.

SB99-133, 99-100 laid over until the General Orders calendar of Wednesday, April 14.

CONFERENCE COMMITTEES GRANTED FURTHER POWERS

HB 99-1097 by Rep. Dean; Senator Blickensderfer--Special Election For General Assembly

Senator Blickensderfer moved that the Senate Conferees on the First Conference Committee on HB99-1097 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.

SB 99-052 by Sen. Congrove; Rep. King--Charter School Revisions

Senator Congrove moved that the Senate Conferees on the First Conference Committee on SB99-052 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.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

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

of the for consideration of General Orders and Senator Hillman 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:

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

(Appropriations Committee Amendment, as printed in Senate Journal,

April 5, pages 679-680, declared LOST on Second Reading.)

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, February 4, page 163.)

As amended, declared LOST on Second Reading.

SB 99-133 by Sen. Lamborn; Rep. McPherson--Property Rights Violation Atty Fees

(State, Veterans and Military Affairs Committee Amendment, as printed in Senate Journal February 8, pages 205-206, declared LOST on Second Reading.)

(Appropriations Committee Amendment, as printed in Senate Journal, April 9,

pages 735-736, declared LOST on Second Reading.)

As amended, declared LOST on Second Reading.

AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE

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

Senator Andrews moved to amend the Report of the Committee of the Whole to show

that the Appropriations Committee Amendment to SB99-100 did pass, and that SB99-100,

as amended, did pass.

The motion was declared LOST by the following roll call vote:

YES 14		NO 20		EXCUSED 1		ABSENT 0
Anderson	N	Evans	Y	Musgrave	Y	Tanner	N
Andrews	Y	Feeley	N	Nichol	N	Tebedo	E
Arnold	Y	Hernandez	N	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	N	Wattenberg	N
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	N
Dennis	N	Linkhart	N	Reeves	N	Wham	N
Dyer	N	Martinez	N	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	N	Sullivant	N

SB 99-133 by Sen. Lamborn; Rep. McPherson--Property Rights Violation Atty Fees

Senator Congrove moved to amend the Report of the Committee of the Whole to show

that the Lamborn amendment made to SB99-133 did pass, and that SB99-133,

as amended, did pass.

The motion was declared LOST by the following roll call vote:

YES 13		NO 21		EXCUSED 1		ABSENT 0
Anderson	N	Evans	Y	Musgrave	Y	Tanner	N
Andrews	Y	Feeley	N	Nichol	N	Tebedo	E
Arnold	N	Hernandez	N	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	N	Perlmutter	N	Wattenberg	N
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	N
Dennis	N	Linkhart	N	Reeves	N	Wham	N
Dyer	N	Martinez	N	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	N	Sullivant	Y

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Hillman, 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:

SB99-100 as amended, and SB99-133 declared lost on Second Reading.

______________________________

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 Wednesday, April 14, was laid over until Thursday, April 15, retaining its place on the calendar.

______________________________

COMMITTEE OF REFERENCE REPORTS

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

riations referred favorably to the Committee of the Whole: HB99-1010

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

riations referred favorably to the Committee of the Whole: HB99-1031

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

riations referred favorably to the Committee of the Whole: HB99-1019

Approp- After consideration on the merits, the committee recommends that HB99-1039 be

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

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

"SECTION 6. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, from the nonpublic school fingerprint cash fund, to the department of education, for the fiscal year beginning July 1, 1999, the sum of one thousand nine hundred dollars ($1,900), or so much thereof as may be necessary, for the implementation of this act.

(2) In addition to any other appropriation, there is hereby appropriated, to the Department of Public Safety, Colorado Bureau of Investigation, Crime Information Center, for the fiscal year beginning July 1, 1999, the sum of one thousand nine hundred dollars ($1,900), or so much thereof as may be necessary, for conducting background checks related to the implementation of this act. Said sum shall be from cash funds exempt received from the department of education out of the appropriation made in subsection (1) of this section.".

Renumber succeeding sections accordingly.

Page 1, line 102, strike "EMPLOYEES." and substitute "EMPLOYEES, 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: HB99-1132

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

riations referred favorably to the Committee of the Whole: HB99-1079

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

riations referred favorably to the Committee of the Whole: HB99-1198

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

riations referred favorably to the Committee of the Whole: HB99-1024

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

riations referred favorably to the Committee of the Whole: HB99-1032

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

riations referred favorably to the Committee of the Whole: HB99-1111

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

riations referred favorably to the Committee of the Whole: HB99-1092

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

riations referred favorably to the Committee of the Whole: HB99-1141

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

riations referred favorably to the Committee of the Whole: HB99-1158

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

riations referred favorably to the Committee of the Whole: HB99-1174

Finance After consideration on the merits, the committee recommends that HB99-1271 be

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

Amend reengrossed bill, page 2, strike lines 2 through 26.

Strike page 3.

Page 4, strike lines 1 through 3.

Renumber succeeding sections accordingly.

Page 4, line 7, strike "SUBJECT TO SECTION 39­26­127, THE" and substitute "THE".

Page 5, line 7, strike "SUBJECT TO SECTION 39­26­127, TO" and substitute "TO".

Page 12, strike line 26 and substitute "to this subsection (2.5).".

Strike page 13.

Page 14, strike lines 1 through 9.

Renumber succeeding sections accordingly.

Page 14, strike lines 18 through 26.

Strike pages 15 and 16 and substitute the following:

"SECTION 12.  Applicability.  This act shall apply to sales, storage, use, or consumption of motor vehicles on and after July 1, 1999.

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.".

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB99-1003

Finance After consideration on the merits, the committee recommends that HB99-1015 be

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

Amend reengrossed bill, page 1, strike lines 2 through 8.

Strike page 2.

Page 3, strike lines 1 through 12.

Renumber succeeding sections accordingly.

Page 3, line 16, strike "SUBJECT TO SECTION 39­26­127, ON" and substitute "ON".

Page 4, line 13, strike "SUBJECT TO SECTION 39­26­127, ON" and substitute "ON".

Page 10, strike lines 10 through 26.

Page 11, strike lines 1 through 12.

Renumber succeeding sections accordingly.

Finance After consideration on the merits, the committee recommends that HB99-1002 be

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

Amend reengrossed bill, page 8, strike lines 20 through 26.

Page 9, strike lines 1 through 22.

Renumber succeeding sections accordingly.

Page 9, strike lines 25 and 26.

Page 10, strike lines 1 through 5 and substitute the following:

"occur on or after July 1, 1999.".

Finance After consideration on the merits, the committee recommends that HB99-1207 be

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

Amend reengrossed bill, page 2, after line 18, insert the following:

"SECTION 3.  39­22­601, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

39­22­601.  Returns. (10)  FOR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 1999, THE EXECUTIVE DIRECTOR SHALL INCLUDE ON EVERY INCOME TAX RETURN FORM A STATEMENT EXPLAINING THAT PRIOR TO JANUARY 1, 1999, THE INCOME TAX RATE FOR AN INDIVIDUAL, ESTATE, AND TRUST WAS FIVE PERCENT OF FEDERAL TAXABLE INCOME AND THE INCOME TAX RATE FOR CORPORATIONS WAS FIVE PERCENT OF NET INCOME. THE STATEMENT SHALL ALSO EXPLAIN THAT THE INCOME TAX RATE WAS REDUCED FOR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 1999, TO FOUR AND THREE­QUARTERS PERCENT.".

Renumber succeeding section accordingly.

Trans- After consideration on the merits, the committee recommends that HB99-1165 be

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

with favorable recommendation:

Amend reengrossed bill, page 1, line 5, after "(3.5)" insert "(a)".

Page 2, after line 4, insert the following:

"(b)  THIS SUBSECTION (3.5) IS REPEALED, EFFECTIVE JULY 1, 2001.";

strike lines 24 through 26 and substitute the following:

"OF MOTOR FUEL TAX.

(4)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2001.".

INTRODUCTION OF BILLS--FIRST READING

The following bills were read by title and referred to the committees indicated:

SB 99-229 by Senators Teck, Andrews, and Matsunaka; also Representative Allen--Concerning the statewide goals under the "Higher Education Quality Assurance Act".

Education

SB 99-230 by Senator Epps; also Representative Morrison--Concerning the responsibility of health care coverage carriers for the solvency of entities through which carriers contract for covered health care services.

Health, Environment, Welfare & Institutions

INTRODUCTION OF CONCURRENT RESOLUTION

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

SCR 99-004 by Senator Andrews; also Representative Lee--Concerning the submission to the registered electors of the State of Colorado of an amendment to the Colorado Constitution concerning judicial personnel, and, in connection therewith, limiting future terms of office for certain state court justices, judges, and magistrates; providing that the Governor nominate all state court justices, judges, and magistrates subject to senate confirmation and later voter approval; establishing a procedure for removal elections; requiring any justice, judge, or magistrate who is convicted of certain crimes, receives a negative disciplinary finding, or is the subject of a removal petition to stand for election; providing that any justice, judge, or magistrate receiving a majority of less than sixty percent at an election is retained or not removed for one year only; requiring records and reports on each justice, judge, and magistrate to be public and computer accessible; requiring that voters receive specified information on each justice, judge, and magistrate standing for election; prohibiting certain persons from serving as active or retired judges or in other judicial positions; providing enforcement procedures; and repealing certain constitutional provisions to conform with this amendment.

Judiciary

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title:

SJR 99-037 by Senator Wham; also Representative Lawrence--Concerning the continued development and maintenance of an oral history library of the Colorado General Assembly.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Thursday, April 15.

SJR 99-038 by Senators Dyer and Wattenberg--Concerning honoring Daries Charles "Chuck" Lile.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Thursday, April 15.

SJR 99-039 by Senator Chlouber--Concerning waiver of local access and transport areas.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Thursday, April 15.

SJR 99-041 by Senator Chlouber; also Representative Spradley--Concerning declaration of the week of May 2, 1999, through May 8, 1999, to be correctional employees appreciation week.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Thursday, April 15.

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title and referred to the committees

indicated:

SJR 99-040 by Senators Evans, Andrews, and Congrove; also Representative Kaufman--Concerning the creation of an interim committee to study the feasibility of an alternative chartering authority for charter schools.

Appropriations

SJR 99-042 by Senator Evans; also Representative Lee--Concerning a study to be conducted by the transportation legislation review committee regarding the effectiveness of underground utility notification.

Appropriations

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB99­1274

*****************************

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 HB99­1274, concerning charter schools, 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 1, after line 1, insert the following:

"SECTION 1.  Legislative declaration. The general assembly hereby clarifies its intent that, in empowering charter schools to enter into contracts pursuant to section 22­30.5­104, Colorado Revised Statutes, and in identifying a charter school's charter as the basis for a contract between the charter school and the local board of education, pursuant to section 22­30.5­105, Colorado Revised Statutes, such contracts are enforceable and the parties to such contracts may obtain such remedies for the violation of such contracts as are provided by law.".

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:

Amend rerevised bill, page 4, strike lines 16 through 25, and substitute the following:

"SECTION 8.  22­30.5­112 (3) (a), Colorado Revised Statutes, as amended by House Bill 99­1113, enacted at the First Regular Session of the Sixty­second General Assembly, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:

22­30.5­112.  Charter schools ­ financing ­ guidelines. (3) (a) (I)  FOR THE 1999­2000 BUDGET YEAR, NOTWITHSTANDING SUBSECTION (2) OF THIS SECTION, THE PROPORTIONATE SHARE OF STATE AND FEDERAL RESOURCES GENERATED BY STUDENTS WITH DISABILITIES OR STAFF SERVING THEM SHALL BE DIRECTED TO CHARTER SCHOOLS ENROLLING SUCH STUDENTS BY THEIR SCHOOL DISTRICTS OR ADMINISTRATIVE UNITS. THE PROPORTIONATE SHARE OF MONEYS GENERATED UNDER OTHER FEDERAL OR STATE CATEGORICAL AID PROGRAMS SHALL BE DIRECTED TO CHARTER SCHOOLS SERVING STUDENTS ELIGIBLE FOR SUCH AID.

(II)  FOR BUDGET YEAR 2000­2001 AND BUDGET YEARS THEREAFTER, IF THE CHARTER SCHOOL AND THE SCHOOL DISTRICT HAVE NEGOTIATED TO ALLOW THE CHARTER SCHOOL TO PROVIDE FEDERALLY REQUIRED EDUCATIONAL SERVICES PURSUANT TO PARAGRAPH (a.8) OF SUBSECTION (2) OF THIS SECTION, THE PROPORTIONATE SHARE OF STATE AND FEDERAL RESOURCES GENERATED BY STUDENTS RECEIVING SUCH FEDERALLY REQUIRED EDUCATIONAL SERVICES OR STAFF SERVING THEM SHALL BE DIRECTED BY THE SCHOOL DISTRICT OR ADMINISTRATIVE UNIT TO THE CHARTER SCHOOL ENROLLING SUCH STUDENTS.

(III)  FOR BUDGET YEAR 2000­2001 AND BUDGET YEARS THEREAFTER, THE PROPORTIONATE SHARE OF MONEYS GENERATED UNDER FEDERAL OR STATE CATEGORICAL AID PROGRAMS, OTHER THAN FEDERALLY REQUIRED EDUCATIONAL SERVICES, SHALL BE DIRECTED TO CHARTER SCHOOLS SERVING STUDENTS ELIGIBLE FOR SUCH AID.

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.".

Respectfully submitted,

House Committee: Senate Committee:

(signed) (signed)

Rep. Keith King, Chair Sen. John Andrews

Rep. Shawn Mitchell Sen. Jim Congrove

Rep. Maryanne Keller Sen. Stan Matsunaka

TRIBUTES -- A POINT OF INTEREST

Honoring Pat Dideum -- by Senator Phillips

Honoring Craig Walters -- by Senator Phillips

Honoring Delbert Elliot and the Center for the Study of Prevention of Violence at the University of Colorado at Boulder -- by Senator Rupert

Honoring David Elm -- by Senator Rupert

Honoring Jim Palmer -- by Senator Rupert

Honoring John Zola and the New Vista High School Students -- by Senator Rupert

Honoring Barrie Hartman -- by Senator Rupert

Honoring Colleen Conant and the Boulder Daily Camera -- by Senator Rupert

On motion of Senator Arnold, the Senate adjourned until 9:00 a.m., Thursday, April 15, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate