Untitled

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

107^th Legislative Day Thursday, April 22, 1999

Call to By the President at 8:00 a.m.

Order

Prayer By the chaplain, Rabbi Gorden Rubinstein.

Roll Call Present--Total, 18.

Absent/Excused--Anderson, Andrews, Dyer, Evans, Lacy, Lamborn, Linkhart, Martinez, Musgrave, Pascoe, Perlmutter, Rupert, Sullivant, Tanner, Tebedo, Thiebaut, Wham--

Total 17.

Present later--Anderson, Andrews, Dyer, Evans, Lacy, Lamborn, Linkhart, Martinez,

Musgrave, Pascoe, Perlmutter, Rupert, Sullivant, Tanner, Tebedo, Thiebaut, Wham.

Quorum The President announced a quorum present.

Reading of On motion of Senator Teck, reading of the Journal of April 21^st was

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

SENATE SERVICES REPORT

Senate Correctly enrolled: SJR 99-20, 23, 26, 51.

Services

Correctly engrossed: SB 99-124, 223, 224.

To the Governor for signature on Tuesday, April 20, 1999, at 2:10 pm:

SB 99-35.

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: HB99-1165

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

riations referred favorably to the Committee of the Whole: HB99-1164

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

riations referred favorably to the Committee of the Whole: HB99-1238

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

riations referred favorably to the Committee of the Whole: HB99-1293

Approp- After consideration on the merits, the committee recommends that HB99-1299 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 16, line 6, after "registry." insert "No General Fund moneys shall be expended for the establishment of the adoptive family resource registry.".

Approp- After consideration on the merits, the committee recommends that HB99-1289 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 11, strike lines 19 through 23 and substitute the following:

"SECTION 2. Appropriation adjustment in 1999 long bill. (1) (a) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of higher education, for the fiscal year beginning July 1, 1999, the sum of two hundred thousand dollars ($200,000), or so much thereof as may be necessary, for the implementation of this act.

(b) Notwithstanding the provisions of section 2475102, Colorado Revised Statutes, any portion of the appropriation made pursuant to paragraph (a) of this subsection (1) that remains unexpended and unencumbered as of June 30, 2000, shall continue to be available to the department of higher education for the fiscal year beginning July 1, 2000, for the implementation of this act.

(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 1999, shall be adjusted as follows:

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by two hundred thousand dollars ($200,000).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by two hundred thousand dollars ($200,000).".

Page 1, line 101, strike "EDUCATION." and substitute "EDUCATION, AND MAKING AN APPROPRIATION THEREFOR.".

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

riations referred favorably to the Committee of the Whole: SCR99-002

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

Veterans referred favorably to the Committee of the Whole: SCR99-005

and Military

Affairs

State, After consideration on the merits, the committee recommends that SB99-225 be

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

and Military with favorable recommendation:

Affairs

Amend printed bill, page 3, line 21, strike "RESIGNATION,";

line 23, strike "RESIGNATION,".

State, After consideration on the merits, the committee recommends that SB99-221 be

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

and Military with favorable recommendation:

Affairs

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

"SECTION 1. 3833.3217 (1), Colorado Revised Statutes, is amended, and the said 3833.3217 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

3833.3217. Amendment of declaration. (1) Except in cases of amendments that may be executed by a declarant under section 3833205 (4) and (5), 3833.3208 (3), 3833.3209 (6), 3833.3210, or 3833.3222, or by ~~the~~ AN association under section 3833.3107, 3833.3206 (4), 3833.3208 (2), 3833.3212, 3833.3213, or 3833.3218 (11) and (12), OR BY THE DISTRICT COURT FOR ANY COUNTY THAT INCLUDES ALL OR ANY PORTION OF A COMMON INTEREST COMMUNITY UNDER SUBSECTION (7) OF THIS SECTION, and except as limited by subsection (4) of this section, the declaration, including the plats and maps, may be amended only by vote or agreement of unit owners of units to which more than fifty percent of the votes in the association are allocated or any larger percentage the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use.

(7) (a) THE ASSOCIATION, ACTING THROUGH ITS EXECUTIVE BOARD PURSUANT TO SECTION 3833.3303 (1), MAY PETITION THE DISTRICT COURT FOR ANY COUNTY THAT INCLUDES ALL OR ANY PORTION OF THE COMMON INTEREST COMMUNITY FOR AN ORDER AMENDING THE DECLARATION OF THE COMMON INTEREST COMMUNITY IF:

(I) THE ASSOCIATION HAS TWICE SENT NOTICE OF THE PROPOSED AMENDMENT TO ALL UNIT OWNERS THAT ARE ENTITLED BY THE DECLARATION TO VOTE ON THE PROPOSED AMENDMENT OR ARE REQUIRED FOR APPROVAL OF THE PROPOSED AMENDMENT BY ANY MEANS ALLOWED PURSUANT TO THE PROVISIONS REGARDING NOTICE TO MEMBERS IN SECTIONS 7121402 AND 7127104, C.R.S., OF THE "COLORADO REVISED NONPROFIT CORPORATION ACT", ARTICLES 121 TO 137 OF TITLE 7, C.R.S.;

(II) THE ASSOCIATION HAS DISCUSSED THE PROPOSED AMENDMENT DURING AT LEAST ONE MEETING OF THE ASSOCIATION; AND

(III) UNIT OWNERS OF UNITS TO WHICH ARE ALLOCATED MORE THAN FIFTY PERCENT OF THE NUMBER OF CONSENTS, APPROVALS, OR VOTES OF THE ASSOCIATION THAT WOULD BE REQUIRED TO ADOPT THE PROPOSED AMENDMENT PURSUANT TO THE DECLARATION HAVE VOTED IN FAVOR OF THE PROPOSED AMENDMENT.

(b) A PETITION FILED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (7) SHALL INCLUDE:

(I) A SUMMARY OF:

(A) THE PROCEDURES AND REQUIREMENTS FOR AMENDING THE DECLARATION THAT ARE SET FORTH IN THE DECLARATION;

(B) THE PROPOSED AMENDMENT TO THE DECLARATION;

(C) THE EFFECT OF AND REASON FOR THE PROPOSED AMENDMENT, INCLUDING A STATEMENT OF THE CIRCUMSTANCES THAT MAKE THE AMENDMENT NECESSARY OR ADVISABLE;

(D) THE RESULTS OF ANY VOTE TAKEN WITH RESPECT TO THE PROPOSED AMENDMENT; AND

(E) ANY OTHER MATTERS THAT THE ASSOCIATION BELIEVES WILL BE USEFUL TO THE COURT IN DECIDING WHETHER TO GRANT THE PETITION; AND

(II) AS EXHIBITS, COPIES OF:

(A) THE DECLARATION AS ORIGINALLY RECORDED AND ANY RECORDED AMENDMENTS TO THE DECLARATION;

(B) THE TEXT OF THE PROPOSED AMENDMENT;

(D) ANY OTHER DOCUMENTS THAT THE ASSOCIATION BELIEVES WILL BE USEFUL TO THE COURT IN DECIDING WHETHER TO GRANT THE PETITION.

(c) WITHIN THREE DAYS OF THE FILING OF THE PETITION, THE DISTRICT COURT SHALL SET A DATE FOR HEARING THE PETITION. UNLESS THE COURT FINDS THAT AN EMERGENCY REQUIRES AN IMMEDIATE HEARING, THE HEARING SHALL BE HELD NO EARLIER THAN FORTYFIVE DAYS AND NO LATER THAN SIXTY DAYS AFTER THE DATE THE ASSOCIATION FILED THE PETITION.

(d) NO LATER THAN TEN DAYS AFTER THE DATE FOR HEARING A PETITION IS SET PURSUANT TO PARAGRAPH (c) OF THIS SUBSECTION (7), THE ASSOCIATION SHALL:

(I) SEND NOTICE OF THE PETITION BY ANY WRITTEN MEANS ALLOWED PURSUANT TO THE PROVISIONS REGARDING NOTICE TO MEMBERS IN SECTIONS 7121402 AND 7127104, C.R.S., OF THE "COLORADO REVISED NONPROFIT CORPORATION ACT", ARTICLES 121 TO 137 OF TITLE 7, C.R.S., TO ANY UNIT OWNER, BY FIRSTCLASS MAIL, POSTAGE PREPAID OR BY HAND DELIVERY TO ANY DECLARANT, AND BY FIRSTCLASS MAIL, POSTAGE PREPAID, TO ANY LENDER THAT HOLDS A SECURITY INTEREST IN ONE OR MORE UNITS AND IS ENTITLED BY THE DECLARATION OR ANY UNDERWRITING GUIDELINES OR REQUIREMENTS OF THAT LENDER OR OF THE FEDERAL NATIONAL MORTGAGE ASSOCIATION, THE FEDERAL HOME LOAN MORTGAGE CORPORATION, THE FEDERAL HOUSING ADMINISTRATION, THE VETERANS ADMINISTRATION, OR THE GOVERNMENT NATIONAL MORTGAGE CORPORATION TO VOTE ON THE PROPOSED AMENDMENT. THE NOTICE SHALL INCLUDE:

(A) A COPY OF THE PETITION WHICH NEED NOT INCLUDE THE EXHIBITS ATTACHED TO THE ORIGINAL PETITION FILED WITH THE DISTRICT COURT;

(B) THE DATE THE DISTRICT COURT WILL HEAR THE PETITION; AND

(C) A STATEMENT THAT THE COURT MAY GRANT THE PETITION AND ORDER THE PROPOSED AMENDMENT TO THE DECLARATION UNLESS ANY DECLARANT ENTITLED BY THE DECLARATION TO VOTE ON THE PROPOSED AMENDMENT, THE FEDERAL HOUSING ADMINISTRATION, THE VETERANS ADMINISTRATION, MORE THAN THIRTYTHREE PERCENT OF THE UNIT OWNERS ENTITLED BY THE DECLARATION TO VOTE ON THE PROPOSED AMENDMENT, OR MORE THAN THIRTYTHREE PERCENT OF THE LENDERS THAT HOLD A SECURITY INTEREST IN ONE OR MORE UNITS AND ARE ENTITLED BY THE DECLARATION TO VOTE ON THE PROPOSED AMENDMENT FILE WRITTEN OBJECTIONS TO THE PROPOSED AMENDMENT WITH THE COURT PRIOR TO THE HEARING.

(II) FILE WITH THE DISTRICT COURT:

(A) A LIST OF THE NAMES AND MAILING ADDRESSES OF DECLARANTS, UNIT OWNERS, AND LENDERS THAT HOLD A SECURITY INTEREST IN ONE OR MORE UNITS AND THAT ARE ENTITLED BY THE DECLARATION TO VOTE ON THE PROPOSED AMENDMENT; AND

(B) A COPY OF THE NOTICE REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH (d).

(e) THE DISTRICT COURT SHALL GRANT THE PETITION AFTER HEARING IF IT FINDS THAT:

(I) THE ASSOCIATION HAS COMPLIED WITH ALL REQUIREMENTS OF THIS SUBSECTION (7);

(II) NO MORE THAN THIRTYTHREE PERCENT OF THE UNIT OWNERS ENTITLED BY THE DECLARATION TO VOTE ON THE PROPOSED AMENDMENT HAVE FILED WRITTEN OBJECTIONS TO THE PROPOSED AMENDMENT WITH THE COURT PRIOR TO THE HEARING;

(III) NEITHER THE FEDERAL HOUSING ADMINISTRATION NOR THE VETERANS ADMINISTRATION IS ENTITLED TO APPROVE THE PROPOSED AMENDMENT, OR IF SO ENTITLED HAS NOT FILED WRITTEN OBJECTIONS TO THE PROPOSED AMENDMENT WITH THE COURT PRIOR TO THE HEARING;

(IV) EITHER THE PROPOSED AMENDMENT DOES NOT ELIMINATE ANY RIGHTS OR PRIVILEGES DESIGNATED IN THE DECLARATION AS BELONGING TO A DECLARANT OR NO DECLARANT HAS FILED WRITTEN OBJECTIONS TO THE PROPOSED AMENDMENT WITH THE COURT PRIOR TO THE HEARING;

(V) EITHER THE PROPOSED AMENDMENT DOES NOT ELIMINATE ANY RIGHTS OR PRIVILEGES DESIGNATED IN THE DECLARATION AS BELONGING TO ANY LENDERS THAT HOLD SECURITY INTERESTS IN ONE OR MORE UNITS AND THAT ARE ENTITLED BY THE DECLARATION TO VOTE ON THE PROPOSED AMENDMENT OR NO MORE THAN THIRTYTHREE PERCENT OF SUCH LENDERS HAVE FILED WRITTEN OBJECTIONS TO THE PROPOSED AMENDMENT WITH THE COURT PRIOR TO THE HEARING; AND

(VI) THE PROPOSED AMENDMENT WOULD NEITHER TERMINATE THE DECLARATION NOR CHANGE THE ALLOCATED INTERESTS OF THE UNIT OWNERS AS SPECIFIED IN THE DECLARATION, EXCEPT AS ALLOWED PURSUANT TO SECTION 3833.3 315.

(f) UPON GRANTING A PETITION, THE COURT SHALL ENTER AN ORDER APPROVING THE PROPOSED AMENDMENT AND REQUIRING THE ASSOCIATION TO RECORD THE AMENDMENT IN EACH COUNTY THAT INCLUDES ALL OR ANY PORTION OF THE COMMON INTEREST COMMUNITY. ONCE RECORDED, THE AMENDMENT SHALL HAVE THE SAME LEGAL EFFECT AS IF IT WERE ADOPTED PURSUANT TO ANY REQUIREMENTS SET FORTH IN THE DECLARATION.

SECTION 2. 3833.3117 (1) (h), Colorado Revised Statutes, is amended to read:

3833.3117. Applicability to preexisting common interest communities. (1) Except as provided in section 3833.3119, the following sections shall apply to all common interest communities created within this state before July 1, 1992, with respect to events and circumstances occurring on or after July 1, 1992:

(h) 3833.3203 AND 3833.3217 (7);

SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

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

Veterans, postponed indefinitely: SJM99-001

and Military

Affairs

State, The Committee on State, Veterans, and Military Affairs has had under consideration and

Veterans, has had a hearing on the following appointment and recommends that the appointment

and Military be confirmed:

Affairs

STATE PERSONNEL BOARD

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

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

State, The Committee on State, Veterans, and Military Affairs has had under consideration and

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

and Military be confirmed:

Affairs

COLORADO

CIVIL RIGHTS COMMISSION

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.

State, The Committee on State, Veterans, and Military Affairs has had under consideration and

Veterans, has had a hearing on the following appointment and recommends that the appointment

and Military be confirmed:

Affairs

COLORADO BOARD OF

VETERANS AFFAIRS

for terms expiring June 30, 2002:

Randall L. Hoffman of Golden, Colorado, to serve a veteran and a Republican, appointed;

State, After consideration on the merits, the committee recommends that HB99-1333 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 5, line 16, after "RESIDENTS." insert the following:

"ALL SUCH FEES COLLECTED SHALL BE CREDITED TO THE CEMETERY FUND CREATED PURSUANT TO SECTION 26-10-110 (2) (a)."

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

Veterans, referred favorably to the Committee on Appropriations: HB99-1354

and Military

Affairs

State, After consideration on the merits, the committee recommends that HB99-1195 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 4, line 8, strike "MAY" and substitute "SHALL".

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB99-1335

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB99-1323

Finance After consideration on the merits, the committee recommends that HB99-1237 be

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

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

"SECTION 1. 3922518 (2) (b) (I) and (2) (b) (II) (B), Colorado Revised Statutes, are amended, and the said 3922518 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

3922518. Tax modification for net capital gains. (2) For the purposes of this section:

(b) (I) "Qualifying gains receiving capital treatment" means the amount of net capital gains, as defined in section 1222 (11) of the internal revenue code, included in any qualified taxpayer's federal income tax return and:

(A) Earned by such qualified taxpayer on real or tangible personal property located within Colorado ~~that was acquired on or after May 9, 1994, and~~ that has been owned by the qualified taxpayer for a holding period of at least five years prior to the date of the transaction from which the net capital gains arise; or

(B) Earned on the sale of stock or on the sale of an ownership interest in a Colorado company, limited liability company, or partnership where such stock or ownership interest ~~was acquired on or after May 9, 1994, and~~ has been owned by the qualified taxpayer for a holding period of at least five years prior to the date of the transaction from which the net capital gains arise.

(II) For purposes of this paragraph (b):

(B) "Holding period" means an uninterrupted period of time. ~~commencing on or after June 1, 1994.~~

(5) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRARY, FOR ANY INCOME TAX YEAR COMMENCING PRIOR TO JANUARY 1, 2003, NO MODIFICATION SHALL BE ALLOWED TO ANY QUALIFIED TAXPAYER PURSUANT TO THIS SECTION FOR QUALIFYING GAINS RECEIVING CAPITAL TREATMENT THAT WERE EARNED ON REAL OR TANGIBLE PERSONAL PROPERTY, ON THE SALE OF STOCK, OR ON THE SALE OF AN OWNERSHIP INTEREST IN A COLORADO COMPANY, LIMITED LIABILITY COMPANY, OR PARTNERSHIP ACQUIRED BEFORE MAY 9, 1994.

SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: SB99-228

INTRODUCTION OF BILLS--FIRST READING

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

HB 99-1359 by Representatives Allen, May, Dean, Gotlieb, King, and McKay; also Senator Lacy--Concerning the assumption of certain functions relating to advanced technology programs by the Colorado commission on higher education, and, in connection therewith, abolishing the Colorado advanced technology institute and the Colorado advanced technology institute commission and transferring moneys appropriated to the institute for the 1999-2000 fiscal year to the Colorado commission on higher education and the governor's office.

Education

Appropriations

HB 99-1366 by Representatives Larson, Alexander, Coleman, Gotlieb, May, Morrison, Tate, S. Williams, and Witwer; also Senators Arnold, Reeves, Dyer, Evans, Teck, and Wham--Concerning a modification of the exemptions from required use of systems designed to restrain children in motor vehicles.

Transportation

HB 99-1368 by Representatives Spradley, Kester, Larson, May, and Tate; also Senator Anderson-Concerning the discipline of real estate licensees using incentives or disincentives to effect referrals to certain title insurance entities.

Business Affairs & Labor

HB 99-1370 by Representative Larson; also Senator Arnold--Concerning information maintained by the division of motor vehicles.

Transportation

MESSAGES FROM THE GOVERNOR

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

ments Committee as follows:

April 16, 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:

COLORADO HOUSING AND FINANCE AUTHORITY

for terms effective July 1, 1999, expiring July 1, 2003:

Nancy McCallin of Parker, Colorado, to serve as a public member, replacing the Honorable Janet Gehlhausen, appointed;

Jeffrey D. Roemer of Littleton, Colorado, to serve as a public member, replacing Michael J. Rock, appointed;

John R. Davidson of Littleton, Colorado, to serve as a public member, replacing Carolyn D. Love, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/19/99

P. Dicks, Secretary

Committee on Finance

_____________________________

August 5, 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:

BANKING BOARD

for terms expiring July 1, 1999:

Thomas R. Mraule of Montrose, Colorado to serve as a banker and as a Democrat, and to fill the vacancy occasioned by the resignation of James D. Steeples, appointed.

Sincerely,

Roy Romer

Governor

Rec'd 8/13/98

P. Dicks, Assistant Secretary

_______________________________

April 16, 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:

MEMBER OF THE

BANKING BOARD

effective April 16, 1999:

Thomas R. Mraule of Montrose, Colorado.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/19/99

P. Dicks, Secretary

_______________________________

April 16, 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:

BANKING BOARD

effective April 16, 1999, for a term expiring July 1, 1999:

Steve A. Sherlock of Lamar, Colorado, to serve as a banker from the Fourth Congressional District and as a Democrat, replacing Thomas R. Mraule, appointed;

effective April 16, 1999, for a term expiring July 1, 2001:

Karen J. Rodriguez of Colorado Springs, Colorado, to serve as an industrial banker from the Fifth Congressional District and as a Democrat, replacing William A. Mitchell, Jr., who resigned, appointed;

effective July 1, 1999, for terms expiring July 1, 2003:

Steve A. Sherlock of Lamar, Colorado, to serve as a banker from the Fourth Congressional District and as a Democrat, reappointed;

Maurice Goodgaine, Jr., of Thornton, Colorado, to serve as a non-banker from the Second Congressional District and as a Democrat, reappointed;

John R. Young of Glenwood Springs, Colorado, to serve as a banker from the Third Congressional District and as a Republican, reappointed;

Richard F. Mutzebaugh of Highlands Ranch, Colorado, to serve as a non-banker from the Fifth Congressional District and as a Republican, replacing LaCharles P. Keesee, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/19/99

P. Dicks, Secretary

Committee on Business Affairs and Labor

___________________________________

July 21, 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:

STATE BOARD OF NURSING

for terms expiring July 1, 2001:

Berdine R. Clumpus of Littleton, Colorado, to serve as a consumer, reappointed;

Susan K. Grayson of Denver, Colorado, to serve as a licensed practical nurse engaged in Home Health Care, reappointed;

Merrilee T. McDuffie of Boulder, Colorado, to serve as a licensed practical nurse engaged in Practical Nursing Education, reappointed;

Jeanne D. Thompson of Denver, Colorado, to serve as a consumer, reappointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 7/29/98

P. Dicks, Assistant Secretary

_________________________________

April 16, 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:

MEMBERS OF THE

STATE BOARD OF NURSING

effective April 16, 1999:

Susan K. Grayson of Denver, Colorado;

Jeanne D. Thompson of Denver, Colorado;

Berdine R. Clumpus of Littleton, Colorado.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/19/99

P. Dicks, Secretary

_________________________________

April 16, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

I intend to continue the appointment of the following individual as a Member of the State Board of Nursing:

Merrilee T. McDuffie of Boulder, Colorado.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/19/99

P. Dicks, Secretary

Committee on Health, Environment, Welfare and Institutions

___________________________________

April 16, 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:

STATE BOARD OF NURSING

effective April 16, 1999, for terms expiring July 1, 2001:

Theresa Y. Jamison of Parker, Colorado, to serve as a licensed professional nurse engaged in home health care, replacing Susan K. Grayson, appointed;

Dennis R. Graves of Littleton, Colorado, to serve as a consumer, replacing Jeanne D. Thompson, appointed;

Laurett Barrentine of Englewood, Colorado, to serve as a consumer, replacing Berdine R. Clumpus, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/19/99

P. Dicks, Secretary

Committee on Health, Environment, Welfare and Institutions

___________________________________

May 26, 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:

COLORADO TRAVEL AND TOURISM AUTHORITY

for terms expiring March 20, 1999:

James C. Bouy of Westminister, Colorado, to serve as a representative from attractions, reappointed;

Robert F. Deans of Colorado Springs, Colorado to serve as a representative of accommodations, reappointed;

for terms expiring March 20, 2000:

Thomas B. King of Denver, Colorado, to serve as a representative of accommodations, reappointed;

Grant L. Carey of Colorado Springs, Colorado, to serve as a representative of attractions, reappointed;

Robert B. Hahn of Denver, Colorado, to serve as a representative of food and beverages, reappointed;

William D. Dvorak of Nathrop, Colorado, to serve as a representative of recreation, reappointed;

Charles J. Murphy of Colorado Springs, Colorado, to serve as a representative of transportation, reappointed;

for terms expiring March 20, 2001:

James R. Bain of Denver, Colorado, to serve as a representative from transportation, reappointed;

Steven S. Bromberg of Granby, Colorado, to serve as a representative from recreation, reappointed;

Amos Cordova of Durango, Colorado, to serve as a representative from attractions, reappointed;

William M. Dutton of Denver, Colorado, to serve as a representative from food and beverage, reappointed;

Colette P. Ratcliff of Denver, Colorado, to serve as a representative from accommodations, reappointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 10/13/98

P. Dicks, Assistant Secretary

_________________________________

October 5, 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:

COLORADO TRAVEL AND TOURISM AUTHORITY

for terms expiring March 20, 1999:

Thomas J. Allee of Greenwood Village, Colorado, to serve as a representative of transportation and to fill a vacancy occasioned by the resignation of David W. Adamson, appointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 10/13/98

P. Dicks, Assistant Secretary

__________________________________

April 16, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

I intend to continue the appointments of the following individuals as Members of the Colorado Travel and Tourism Authority Board of Directors:

Thomas B. King of Denver, Colorado;

Robert B. Hahn of Denver, Colorado;

William M. Dutton of Denver, Colorado;

James R. Bain of Denver, Colorado;

Steven S. Bromberg of Granby, Colorado.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/19/99

P. Dicks, Secretary

Committee on Local Government

_______________________________

April 16, 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:

COLORADO TRAVEL AND TOURISM AUTHORITY

for terms expiring March 20, 2000:

Vernon H. Thomson of Colorado Springs, Colorado, to serve as a representative of attractions, and to fill the vacancy occasioned by the resignation of Grant L. Carey, appointed;

Lewis H. Sapiro of Littleton, Colorado, to serve as a representative of recreation, to fill a vacancy occasioned by the resignation of William D. Dvorak, appointed;

Mary J. Presley of Colorado Springs, Colorado, to serve as a representative of transportation, replacing Charles J. Murphy, appointed;

for terms expiring March 20, 2001:

Joseph G. Behm of Golden, Colorado, to serve as a representative of attractions, and to fill the vacancy occasioned by the resignation of Amos Cordova, appointed;

Sharon A. Schoeffield of Breckenridge, Colorado, to serve as a representative of accommodations, replacing Colette P. Ratcliff, appointed;

for terms expiring March 20, 2002:

Thomas J. Allee of Greenwood Village, Colorado, to serve as a representative of transportation, reappointed;

James C. Bouy of Westminster, Colorado, to serve as a representative of attractions, reappointed;

Judith M. Swain of Dolores, Colorado, to serve as a representative of food and beverage, replacing Ted S. Calantino, appointed;

Donald M. Schuster of Carbondale, Colorado, to serve as a representative of accommodations, replacing Robert F. Deans, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/19/99

P. Dicks, Secretary

Committee on Local Government

__________________________________

SIGNING OF BILLS - RESOLUTIONS

The President has signed: SB99-215; also SJR 99-22, 24, 27, 28.

The President has signed: HB99-1175, 1239, 1268, 1294.

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Conference Committee Report to HB99-1305.

______________________________

CONSIDERATION OF CONFERENCE COMMITTEE REPORTS

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Laid over until Thursday, May 6, 1999.

_____________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Governor's appointments.

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

On motion of Senator Congrove, the following Governor's appointment was confirmed by

a roll call vote:

COLORADO BOARD OF VETERANS AFFAIRS

for terms expiring June 30, 2002:

C. Douglas Sterner of Pueblo, Colorado, to serve as a veteran and a Republican,

appointed.

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
E

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
E
Thiebaut
E

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
E
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

On motion of Senator Epps, the following Governor's appointment was confirmed by

a roll call vote:

AIR QUALITY CONTROL COMMISSION

for a term expiring January 31, 2000:

Douglas R. Lawson of Littleton, Colorado, to serve as a representative with scientific training and experience and as a Republican, appointed;

for a term expiring January 31, 2001:

Robert E. Brady, Jr., of Lakewood, Colorado, to serve as a member with industrial training and experience, and as a Republican;

Stephanie Foote of Denver, Colorado, to serve as a member with technical training and experience, and as a Republican.

David A. Jensen of Littleton, Colorado, to serve as a representative of the public sector and as a Republican, appointed;

for terms expiring January 31, 2002:

Robert H. Lowdermilk of Denver, Colorado, to serve as a representative with industrial training and experience and as a Republican, appointed;

Doug N. Blewitt of Englewood, Colorado, to serve as a representative with technical and industrial training and experience and as an Unaffiliated, appointed;

Cynthia S. Peterson of Littleton, Colorado, to serve as a representative with technical training and experience and as a Democrat, reappointed.

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
E

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
E
Thiebaut
E

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
E
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

On motion of Senator Epps, the following Governor's appointment was confirmed by

a roll call vote:

MEMBER OF THE CHILDREN'S BASIC HEALTH

PLAN POLICY BOARD

for terms expiring June 30, 2002:

Robert A. Owens of Alamosa, Colorado, to serve as a representative of consumers, appointed.

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
E

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
E
Thiebaut
E

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
E
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

On motion of Senator Arnold, the following Governor's appointments were confirmed by

a roll call vote:

BOARD OF TRUSTEES FOR THE UNIVERSITY OF NORTHERN COLORADO

for a term expiring June 30, 1999:

Christine Kadlub of Fort Collins, Colorado, to fill a vacancy occasioned by the resignation of P. Kay Norton, appointed;

for a term expiring June 30, 2001:

Richard Lee Monfort of Greeley, Colorado, to fill a vacancy occasioned by the resignation of Duane C. Farrington, appointed.

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
E

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
E
Thiebaut
E

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
E
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

On motion of Senator Wattenberg, the following Governor's appointments were confirmed by a roll call vote:

STATE AGRICULTURAL COMMISSION

for terms expiring March 1, 2003:

Daniel C. Webster of Greeley, Colorado, to serve as a Republican and an at-large member, appointed;

Robert A. Briggs, Jr., of Westminster, Colorado, to serve as a Republican from the First Agricultural District, appointed;

Penny H. Lewis of Kremmling, Colorado, to serve as a Republican from the Fourth Agricultural District, reappointed;

Steven D. Ela of Hotchkiss, Colorado, to serve as a Democrat from the Fourth Agricultural District, appointed.

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
E

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
E
Thiebaut
E

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
E
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

On motion of Senator Wattenberg, the following Governor's appointments were confirmed by a roll call vote:

BOARD OF PARKS AND OUTDOOR RECREATION

for a term expiring June 30, 2002:

Edward C. Callaway of Mt. Crested Butte, Colorado, to serve as a representative

of the western region and as a Republican.

for a term expiring June 30, 2002:

Doug Cole of Superior, Colorado, to serve as an at-large member and as a

Republican, appointed.

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
E

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
E
Thiebaut
E

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
E
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

On motion of Senator Wattenberg, the following Governor's appointments were confirmed by a roll call vote:

GREAT OUTDOORS COLORADO TRUST FUND

effective April 15, 1999, for terms expiring April 15, 2003:

John M. Hereford of Denver, Colorado, to serve as a member from the First Congressional District and as a Republican, appointed;

Robert L. Perletz of Boulder, Colorado to serve as a member from the Second Congressional District and as an Unaffiliated, appointed;

The Honorable T. Wright Dickinson of Maybell, Colorado, to serve as a member from the Third Congressional District, as a Republican, as a representative of agricultural interests, and as a representative from west of the Continental Divide, appointed;

Gerald Faust of Las Animas, Colorado, to serve as a member from the Fourth Congressional District and as a Republican, appointed;

Judith B. Sellers of Colorado Springs, Colorado, to serve as a member from the Fifth Congressional District and as a Democrat, appointed;

Jeffrey A. Crawford of Englewood, Colorado, to serve as a member from the Sixth Congressional District and as a Republican, appointed.

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
E

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
E
Thiebaut
E

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
E
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

On motion of Senator Wham, the following Governor's appointments were confirmed by

a roll call vote:

MEMBER OF THE STATE BOARD OF PAROLE

effective April 5, 1999, for a term expiring July 1, 1999:

Donald D. Alders of Denver, Colorado, to serve as a parole or probation officer and to fill a vacancy occasioned by the resignation of Saul Trujillo, appointed.

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
E

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
E
Thiebaut
E

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
E
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

THIRD READING OF BILLS--FINAL PASSAGE

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

HB 99-1325 by Rep. George; Senator Powers--Transportation RANs

Laid over until Monday, April 26, retaining its place on the calendar.

SB 99-124 by Sen. Owen; Rep. McElhany--Small Group Health Insurance

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

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
E

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
E
Thiebaut
E

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
E
Phillips
Y
Weddig
Y

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

Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

was declared PASSED.

SB 99-223 by Sen. Wham; Rep. Kaufman--Performance Evaluation Disputes

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

was declared PASSED.

SB 99-224 by Sen. Blickensderfer; Rep. George--Ownership Lim Repeal Nonprofit Health

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

was declared PASSED.

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

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

Whole as Chairman.

GENERAL ORDERS--SECOND READING OF BILLS

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

HB 99-1039 by Rep. Clapp; Sen. Hillman--Prospective School Employees

Laid over until Friday, April 23, retaining its place on the calendar.

HB 99-1141 by Rep. T. Williams; Senator Owen--Repeal Insurance Producer Appointments

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

HB 99-1158 by Rep. Morrison; Senator Reeves--Minor Driver's License

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 8, page 430.)

Amendment No. 2, by Senator Musgrave and Reeves

Amend the committee amendment, as printed in Senate Journal, March 8, page 430, line 25 of the committee amendment, strike "424237."." and substitute "424237.";";

after line 25 of the committee amendment, insert "strike lines 11 and 12 and substitute the following:

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

before line 26 of the committee amendment, insert "strike line 25 and substitute "the driver, or".";

line 27 of the committee amendment, strike ""~~of education~~"." and substitute ""~~of education~~";

before line 28 of the committee amendment, insert "strike lines 16 and 17 and substitute the following:

"minor's instruction permit providing such parent or guardian holds a valid driver's".";

strike lines 29 and 30 of the committee amendment, and substitute the following:

"Page 7, strike lines 2 through 9.".

Amendment No. 3, by Senator Reeves

Amend the committee amendment, as printed in Senate Journal, March 8, page 430, strike lines 19 through 22 and substitute the following:

"Page 4, strike line 4, and substitute the following:

"years of age penalties legislative declaration. (1) THE GENERAL ASSEMBLY FINDS, DETERMINES, AND DECLARES THAT:

(a) TEENAGE DRIVERS, IN ORDER TO BECOME SAFE AND RESPONSIBLE DRIVERS, NEED BEHINDTHEWHEEL DRIVING EXPERIENCE BEFORE THEY CAN BEGIN TO DRIVE WITHOUT RESTRICTIONS;

(b) PROVIDING ADDITIONAL BEHINDTHEWHEEL TRAINING WITH A PARENT, GUARDIAN, OR OTHER RESPONSIBLE ADULT BEFORE OBTAINING A MINOR DRIVER'S LICENSE IS THE BEGINNING OF THE YOUNG DRIVERS ACCUMULATION OF EXPERIENCE;

(c) ONCE A TEENAGE DRIVER BEGINS TO DRIVE WITHOUT A PARENT, GUARDIAN, OR OTHER RESPONSIBLE ADULT IN THE VEHICLE, IT IS NECESSARY TO PLACE RESTRICTIONS ON A TEENAGE DRIVER WHO HOLDS A MINOR DRIVER'S LICENSE UNTIL SUCH DRIVER TURNS SEVENTEEN YEARS OF AGE IN ORDER TO GIVE THAT DRIVER TIME TO EXERCISE GOOD JUDGEMENT IN THE OPERATION OF A VEHICLE WHILE KEEPING THAT DRIVER, HIS OR HER PASSENGERS, AND THE PUBLIC SAFE;

(d) PENALTIES FOR THE VIOLATION OF THESE RESTRICTIONS ON MINOR DRIVERS UNDER SEVENTEEN YEARS OF AGE, INCLUDING THE ASSESSMENT OF POINTS WHERE THEY MAY NOT OTHERWISE BE ASSESSED, SHOULD BE SUFFICIENT TO ENSURE THAT CHRONIC VIOLATIONS WOULD RESULT IN SWIFT AND SEVERE REPERCUSSIONS TO REINFORCE THE IMPORTANCE OF OBEYING THE DRIVING LAWS IN ORDER TO KEEP THE MINOR DRIVER, HIS OR HER PASSENGERS, AND THE PUBLIC SAFE.

(2) (a) NO PERSON UNDER SEVENTEEN YEARS";

line 15, after "EMPLOYER" insert "OR PARENT, GUARDIAN, OR OTHER RESPONSIBLE ADULT";

line 20, strike "(1)" and substitute "(2)";

line 24, strike "(2) ALL OCCUPANTS" and substitute "(3) OCCUPANTS".";

line 25 of the committee amendment, strike "424237."." and substitute "424237.";";

before line 26 of the committee amendment, insert the following:

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

line 8, strike "(4)" and substitute "(5)".";

after line 30 of the committee amendment, insert the following:

"line 17, strike "(1)" and substitute "(2)";";

line 32 of the committee amendment, strike "WHILE"." and substitute "WHILE";";

after line 32 of the committee amendment, insert the following:

"line 20, strike "(2)" and substitute "(3)";

line 22, strike "(3)" and substitute "(4)".";

strike line 36 of the committee amendment, and substitute the following:

"SECTION 7. The introductory portion to 424236 (3), Colorado Revised Statutes, is amended to read:

424236. Child restraint systems required definitions exemptions. (3) EXCEPT AS PROVIDED IN SECTION 422105.5 (4), the requirements of subsection (2) of this section shall not apply to a child who:

SECTION 8. The introductory portion to 424237 (3), Colorado Revised Statutes, is amended to read:

424237. Safety belt systems mandatory use exemptions penalty. (3) EXCEPT AS PROVIDED IN SECTION 424105.5, the requirement of subsection (2) of this section shall not apply to:

SECTION 9. No appropriation. The general assembly has".

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

_______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, SCR99-001 was advanced on the General Orders calendar.

_______________________________

SCR 99-001 by Sen. Rupert--Capitol Building Restoration

Laid over until Friday, April 23, advancing to first place on the calendar.

SB 99-222 by Sen. Blickensderfer; Rep. Dean--Y2K Hospital Enterprises

Laid over until Friday, April 23, to follow SCR99-001 on the calendar.

The following bills on the General Orders calendar of Thursday, April 22, were laid over until Friday, April 23, retaining their place on the calendar:

HB99-1330, 99-1342, 99-1024, 99-1280, 99-1031, 99-1247, 99-1203, 99-1181,

99-1179, 99-1088, 99-1206, 99-1030, 99-1250.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Owen, 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:

HB99-1141 declared passed on Second Reading.

HB99-1158 as amended, declared passed on Second Reading.

SCR99-001 laid over until Friday, April 23, placing first on the calendar.

SB99-222 laid over until Friday, April 23, to follow SCR99-001 on the calendar.

HB99-1330, 99-1342, 99-1024, 99-1280, 99-1031, 99-1247, 99-1203, 99-1181,

99-1179, 99-1088, 99-1206, 99-1030, 99-1250, laid over until Friday, April 23,

retaining their place on the calendar.

__________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SB99-225 and SB99-228 were made Special Orders at 9:12 a.m..

__________________________

Committee The hour of 9:12 a. m. having arrived, Senator Congrove moved that the Senate resolve

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

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

SPECIAL ORDERS--SECOND READING OF BILLS--9:12 A. M.

SB 99-225 by Sen. Anderson--Elective Office Vacancies

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

(Printed in Senate Journal, April 22, page 880.)

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

SB 99-228 by Sen. Owen; Rep. Dean--Employment Support Fund Allocations

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, April 15, page 830.)

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

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

SB99-225 as amended, 99-228 as amended, declared passed 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 Thursday, April 22, was laid over until Friday, April 23, retaining its place on the calendar.

______________________________

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

Education After consideration on the merits, the committee recommends that HB99-1308 be

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

Amend reengrossed bill, page 2, line 16, strike "LICENSE." and substitute "LICENSE AND IF SUCH PERSON IS QUALIFIED TO TEACH IN THAT STATE OR COUNTRY.";

strike lines 19 through 26.

Page 3, strike lines 1 through 16.

Renumber succeeding sections accordingly.

Health, After consideration on the merits, the committee recommends that HB99-1116 be

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

Welfare and with favorable recommendation:

Institutions

Amend reengrossed bill, page 3, line 21, strike "CHILDREN WHO ARE MENTALLY ILL AND" and substitute "CHILDREN.";

strike lines 22 through 24.

Page 4, line 3, after "AND", insert "WHO REQUIRES THE LEVEL OF CARE PROVIDED IN A RESIDENTIAL CHILD CARE FACILITY PURSUANT TO SECTION 264527, C.R.S., AND";

line 4, after "BE", insert "ELIGIBLE FOR SOCIAL SECURITY INCOME AND THEREFORE".

Page 8, strike lines 11 through 15 and substitute the following:

"THIS ARTICLE TO EACH CHILD DESCRIBED IN SECTION 2710.3103 (1) WHO IS ELIGIBLE FOR MEDICAID BASED ON THE CHILD'S PLACEMENT IN A RESIDENTIAL CHILD CARE FACILITY PURSUANT TO SECTION 264527, C.R.S., AND WHO IS DETERMINED TO BE ELIGIBLE FOR SUPPLEMENTAL SECURITY INCOME BY THE FEDERAL SOCIAL SECURITY ADMINISTRATION, BE PROVIDED BY MENTAL HEALTH AGENCIES.".

Page 11, strike lines 22 through 26 and substitute the following:

"FUNDING.

SECTION 4. 264527 (1), Colorado Revised Statutes, is amended to read:

264527. Residential child health care waiver program. (1) The department of health care policy and financing, in cooperation with the department of human services, shall implement a program concerning residential child health care under this article to provide services to medicaideligible children residing in residential child care facilities PURSUANT TO ARTICLE 10.3 OF TITLE 27, C.R.S., and children placed through county departments of social services in licensed or certified outofhome placement facilities. ~~in addition to residential child care facilities.~~ Children with developmental disabilities, as defined in section 2710.5102 (11), C.R.S., who are placed in such facilities shall meet the outofhome placement criteria described in section 191107, C.R.S., and shall be neglected or dependent as described in section 193102, C.R.S. The medical services board shall establish the type of rehabilitative or medical assistance services to be provided under the program as described in subsection (3) of this section, to the extent such services are costefficient, and the recipient eligibility criteria that may include, but are not limited to, a medical necessity determination and a financial eligibility determination.".

Strike page 12.

Page 13, strike line 1.

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

Environment, referred favorably to the Committee on Appropriations: HB99-1118

Welfare and

Institutions

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

Environment, referred favorably to the Committee on Appropriations: SB99-226

Welfare and

Institutions

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

Natural, referred favorably to the Committee on Appropriations: HB99-1222

Resources and

Energy

Agriculture, After consideration on the merits, the committee recommends that HB99-1313 be

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

Resources with favorable recommendation:

and Energy

Amend reengrossed bill, page 4, line 26, after "years" strike "and" and substitute "or".

Page 5, line 15, after "use;", insert "and";

after line 17, insert the following:

"SECTION 2. 33-1-106, Colorado Revised Statutes, as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

33-1-106. Authority to regulate taking, possession, and use of wildlife. (6) (a) THE RULES AND REGULATIONS OF THE COMMISSION IN REGARD TO THE TAKING OF GAME WILDLIFE IN GAME MANAGEMENT UNITS 66 AND 67 WHICH WERE IN EFFECT ON JANUARY 1, 1999 SHALL REMAIN IN FORCE AND EFFECT UNTIL JANUARY 1, 2000.

(b) THIS SUBSECTION (6) IS REPEALED EFFECTIVE JANUARY 1, 2000.".

Renumber succeeding sections accordingly.

Judiciary After consideration on the merits, the committee recommends that HB99-1095 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 3, strike line 22 and substitute the following:

"SECTION 4. Effective date applicability. This act shall take effect July 1, 1999,";

line 23, strike "passage";

line 24, strike "if:" and substitute "if section 422206, Colorado Revised Statutes, is amended in";

strike line 25.

Page 4, line 1, strike "the final fiscal" and substitute "House Bill 991168 is enacted at the First Regular Session of the Sixtysecond General Assembly and becomes law.";

strike lines 2 through 5.

MESSAGE FROM THE HOUSE:

April 22, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1372.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1018, amended as printed in House Journal, April 20, pages 1331-1332;

HB99-1166, amended as printed in House Journal, April 20, page 1333;

HB99-1194, amended as printed in House Journal, April 20, pages 1334-1338 and on Third Reading as printed in House Journal April 22;

HB99-1332, amended as printed in House Journal, April 20, page 1332;

HB99-1339, amended as printed in House Journal, April 20, pages 1338-1340;

HB99-1346, amended as printed in House Journal, April 20, page 1332;

SB99-022, amended as printed in House Journal, April 20, pages 1330-1331 and on Third Reading as printed in House Journal April 22;

SB99-153, amended as printed in House Journal, April 20, pages 1333-1334.

The House has passed on Third Reading and returns herewith SB99-216.

MESSAGE FROM THE REVISOR

April 22, 1999

We herewith transmit:

without comment, HB99-1372; and,

without comment, as amended, HB99-1018, 1166, 1194, 1332, 1339, 1346,

SB99-022 and 153.

INTRODUCTION OF BILLS

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

HB 99-1018 by Representative Clarke; also Senator Wham--Concerning prenatal care for undocumented aliens.

Health, Environment, Welfare & Institutions

Appropriations

HB 99-1166 by Representative Tochtrop; also Senator Wham--Concerning personal needs funding for medicaid residents in nursing care facilities, and making an appropriation in connection therewith.

Health, Environment, Welfare & Institutions

Appropriations

HB 99-1194 by Representatives Pfiffner, Paschall, Alexander, Dean, McElhany, McPherson, Sullivant, T. Williams, and Young; also Senators Blickensderfer, Chlouber, Congrove, Hillman, Lacy, Lamborn, Musgrave, Powers, and Tebedo--Concerning the state personnel system.

State, Veterans, & Military Affairs

HB 99-1332 and by Representatives Taylor, Paschall, and Stengel; also Senators Blickensderfer, Dyer, and Weddig--Concerning tuition assistance for members of the Colorado national guard.

State, Veterans, & Military Affairs

HB 99-1339 by Representatives Pfiffner, Paschall, Fairbank, Keller, McKay, McPherson, Scott, and Vigil; also Senators Teck and Andrews--Concerning the expansion of property tax exemptions for entities that serve children, and making an appropriation in connection therewith.

Finance

Appropriations

HB 99-1346 by Representatives Tool and George; also Senator Lacy--Concerning the creation of a community food distribution program, and making an appropriation therefor.

Health, Environment, Welfare & Institutions

Appropriations

HB 99-1372 by Representatives May, George, and Taylor; also Senator Lacy--Concerning the creation of the office of innovation and technology in the governor's office.

Business Affairs & Labor

Appropriations

SIGNING OF BILLS

The President has signed: HB99-1012, 1032, 1092, 1159, 1160, 1171, 1204,

1288, 1317.

TRIBUTES -- A POINT OF INTEREST

Honoring the AG Journal -- by Senators Dennis, Hillman and Musgrave

On motion of Senator Reeves, the Senate adjourned until 9:00 a.m., Friday,

April 23, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate

YES 31		NO 0		EXCUSED 4		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	E
Arnold	Y	Hernandez	Y	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	E	Thiebaut	E
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	E	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y