SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

108th Legislative Day Friday, April 23, 1999


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

Order

Prayer By the chaplain, Rabbi Gorden Rubinstein.

Roll Call Present--Total, 29.

Absent/Excused--Arnold, Lacy, Martinez, Perlmutter, Rupert, Wham--Total, 6.

Present later--Arnold, Lacy, Martinez, Rupert, Wham.

Quorum The President announced a quorum present.

Reading of On motion of Senator Evans, reading of the Journal of April 22nd was

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

SENATE SERVICES REPORT

Senate Correctly enrolled: SB 99-11, 155, 206.

Services

Correctly engrossed: SB 99-225, 228.

Correctly revised: HB 99-1158.

To the Governor for signature on Thursday, April 22, 1999, at 8:15 am:

SB 99-215.

COMMITTEE OF REFERENCE REPORTS

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

Natural referred to the Senate for final action: HJR99-1019

Resources

and Energy

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

Natural referred to the Senate for final action: HJR99-1020

Resources

and Energy

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

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

Resources that the appointments be confirmed:

and Energy

WATER QUALITY CONTROL COMMISSION

for terms expiring February 15, 2002:

Brice F. Lee, Jr., of Hesperus, Colorado, appointed;

Brian M. Nazarenus of Boulder, Colorado, appointed;

Lori J. M. Satterfield of Glenwood Springs, Colorado, appointed.


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

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

Resources that the appointments be confirmed:

and Energy

COLORADO WATER CONSERVATION BOARD

for a term expiring February 12, 2002:

Harold E. Miskel of Colorado Springs, Colorado, to serve as a representative of the Arkansas drainage basin and as a Republican, appointed;


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

Natural consideration and has had a hearing on the following appointment and recommends

Resources that the appointment be confirmed:

and Energy

COLORADO WATER RESOURCES

AND POWER DEVELOPMENT AUTHORITY

for a term expiring October 1, 2002:

Jack P. Kuntz of Center, Colorado, to serve as a representative from the Rio Grande Drainage Basin, as a farmer, and as a Democrat, appointed.


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

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

Resources that the appointments be confirmed:

and Energy

COLORADO STATE FAIR AUTHORITY

BOARD OF COMMISSIONERS

for a term expiring November 1, 2001:

Michael G. Salardino of Pueblo, Colorado, to serve as a representative of the county of the fair, as a Republican, and to fill a vacancy occasioned by the resignation of Robert A. Jackson, appointed;

for a term expiring November 1, 2002:

James E. Christiansen of Westminster, Colorado, to serve as a representative of the Second Congressional District and as a Republican, appointed.

Leslie O. Mergelman of Cedaredge, Colorado, to serve as a resident of the Western Slope, the Third Congressional District and as a Republican.

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB99-1350

Judiciary After consideration on the merits, the committee recommends that HB99-1115 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 24, insert the following:

"SECTION 4.  13­15­102, Colorado Revised Statutes, is amended to read:

13­15­102.  Publication of change. (1)  Public notice of such change of name shall be given at least three times in a newspaper published in the county where such person is residing within twenty days after the order of the court is made, and, if no newspaper is published in that county, such notice shall be published in a newspaper in such county as the court directs.

(2)  PUBLIC NOTICE OF SUCH NAME CHANGE THROUGH PUBLICATION AS REQUIRED IN SUBSECTION (1) OF THIS SECTION SHALL NOT BE REQUIRED IF THE PETITIONER HAS BEEN:

(a)  THE VICTIM OF A CRIME, THE UNDERLYING FACTUAL BASIS OF WHICH HAS BEEN FOUND BY THE COURT ON THE RECORD TO INCLUDE AN ACT OF DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18­6­800.3 (1), C.R.S.;

(b)  THE VICTIM OF CHILD ABUSE, AS DEFINED IN SECTION 18­6­401, C.R.S.; OR

(c)  THE VICTIM OF DOMESTIC ABUSE AS THAT TERM IS DEFINED IN SECTION 14­4­101 (2), C.R.S.".

Renumber succeeding sections accordingly.

Page 3, line 19, strike "4, and 6" and substitute "5, and 7" and strike "and 5" and substitute "and 6".

Judiciary After consideration on the merits, the committee recommends that HB99-1260 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 7, line 14, strike "probation," and substitute "probation OR UNDER SUPERVISION,".

Page 21, line 6, after "PURSUANT", insert "TO".

Page 26, after line 1, insert the following:

"SECTION 21.  18­3­412.5 (6) (b), Colorado Revised Statutes, is amended, and the said 18­3­412.5 (6) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

18­3­412.5.  Sex offenders ­ duty to register ­ penalties. (6) (b)  The forms completed by persons required to register pursuant to this section shall be confidential and shall not be open to inspection by the public or any person other than a law enforcement agency, except as provided in PARAGRAPH (b.5) OF THIS SUBSECTION (6) AND subsections (6.5) and (6.7) of this section.

(b.5)  PURSUANT TO A REQUEST FOR A CRIMINAL HISTORY CHECK UNDER THE PROVISIONS OF PART 3 OF ARTICLE 72 OF TITLE 24, C.R.S., THE COLORADO BUREAU OF INVESTIGATION MAY INFORM THE REQUESTING PARTY AS TO WHETHER THE PERSON WHO IS THE SUBJECT OF THE CRIMINAL HISTORY CHECK IS ON THE CENTRAL REGISTRY OF PERSONS REQUIRED TO REGISTER PURSUANT TO THIS SECTION.".

Renumber succeeding sections accordingly.

Page 26, line 3, strike "15, and sections 17" and substitute "16, and sections 18 through 21";

line 4, strike "and 18";

line 9, strike "16" and substitute "17";

line 13, strike "0.5" and substitute "2.5";

line 20, strike "15, and sections 17 through 22" and substitute "16, and sections 18 through 25";

line 21, strike "13" and substitute "14";

line 23, strike "16" and substitute "17";

strike lines 25 and 26 and substitute the following:

"sections 3 and 17 of this act shall only take effect if section 42­2­206, Colorado Revised Statutes, is amended in".

Page 27, strike lines 2 through 6 and substitute the following:

"license from a class 6 felony to a class 1 misdemeanor and House Bill 99­1168 is enacted at the First Regular Session of the Sixty­second General Assembly and becomes law.".

Judiciary After consideration on the merits, the committee recommends that HB99-1168 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:


Amend reengrossed bill, page 5, line 22, strike "SHARE" and substitute "HAVE".

Page 8, line 22, strike "PARAGRAPH (a) OF THIS SUBSECTION (2)" and substitute "SAID PARAGRAPH (a)".

Page 9, strike lines 14 through 26.

Strike page 10.

Page 11, strike lines 1 and 2.

Renumber succeeding sections accordingly.

Page 11, strike lines 17 and 18 and substitute the following:

"own expense. The penalty assessment provisions of section 18­1­107 shall not apply to any charge under this section.".

Page 14, strike lines 20 and 21 and substitute the following:

"(III)  SIBUTRAMINE;

(IV)  STADOL (BUTORPHANOL TARTRATE).".

Page 19, after line 7, insert the following:

"SECTION 24.  Part 13 of article 4 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

42­4­1305.  Open alcoholic beverage container ­ motor vehicle ­ prohibited. (1)  Definitions. FOR PURPOSES OF THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a)  "ALCOHOLIC BEVERAGE" MEANS A BEVERAGE AS DEFINED IN 23 C.F.R. PART 1270.3 (a).

(b)  "MOTOR VEHICLE" MEANS A VEHICLE DRIVEN OR DRAWN BY MECHANICAL POWER AND MANUFACTURED PRIMARILY FOR USE ON PUBLIC HIGHWAYS, BUT DOES NOT INCLUDE A VEHICLE OPERATED EXCLUSIVELY ON A RAIL OR RAILS.

(c)  "OPEN ALCOHOLIC BEVERAGE CONTAINER" MEANS ANY BOTTLE, CAN, OR OTHER RECEPTACLE THAT CONTAINS ANY AMOUNT OF ALCOHOLIC BEVERAGE AND:

(I)  THAT IS OPEN OR HAS A BROKEN SEAL; OR

(II)  THE CONTENTS OF WHICH ARE PARTIALLY REMOVED.

(d)  "PASSENGER AREA" MEANS THE AREA DESIGNED TO SEAT THE DRIVER AND PASSENGERS WHILE A MOTOR VEHICLE IS IN OPERATION AND ANY AREA THAT IS READILY ACCESSIBLE TO THE DRIVER OR A PASSENGER WHILE IN THEIR SEATING POSITIONS, INCLUDING THE GLOVE COMPARTMENT.

(2) (a)  EXCEPT AS OTHERWISE PERMITTED BY PARAGRAPH (b) OF THIS SUBSECTION (2), NO PERSON WHILE IN THE PASSENGER AREA OF A MOTOR VEHICLE THAT IS ON A PUBLIC HIGHWAY OF THIS STATE OR THE RIGHT­OF­WAY OF A PUBLIC HIGHWAY OF THIS STATE SHALL KNOWINGLY:

(I)  DRINK ANY ALCOHOLIC BEVERAGE; OR

(II)  HAVE IN HIS OR HER POSSESSION ANY OPEN ALCOHOLIC BEVERAGE CONTAINER.

(b)  THE PROVISIONS OF THIS SUBSECTION (2) SHALL NOT APPLY TO:

(I)  PASSENGERS, BUT NOT INCLUDING THE DRIVER, LOCATED IN THE PASSENGER AREA OF A MOTOR VEHICLE DESIGNED, MAINTAINED, OR USED PRIMARILY FOR THE TRANSPORTATION OF PERSONS FOR COMPENSATION;

(II)  PASSENGERS, BUT NOT INCLUDING THE DRIVER, LOCATED IN THE LIVING QUARTERS OF A HOUSE COACH, HOUSE TRAILER, MOTOR HOME AS DEFINED IN SECTION 42­1­102 (57), OR TRAILER COACH AS DEFINED IN SECTION 42­1­102 (106) (a).

(III)  THE POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE CONTAINER IN THE AREA BEHIND THE LAST UPRIGHT SEAT OF A MOTOR VEHICLE THAT IS NOT EQUIPPED WITH A TRUNK; OR

(IV)  THE POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE CONTAINER IN ANY AREA NOT NORMALLY OCCUPIED BY THE DRIVER OR A PASSENGER IN A MOTOR VEHICLE THAT IS NOT EQUIPPED WITH A TRUNK.

(c)  ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBSECTION (2) COMMITS A CLASS A TRAFFIC INFRACTION.

SECTION 25.  42­4­1701 (4) (a) (I) (N), Colorado Revised Statutes, is amended to read:

42­4­1701.  Traffic offenses and infractions classified ­ penalties ­ penalty and surcharge schedule. (4) (a) (I)  Except as provided in paragraph (c) of subsection (5) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title to which the provisions of paragraph (a) or (b) of subsection (5) of this section apply shall be fined or penalized, and have a surcharge levied thereon pursuant to section 24­4.2­104 (1) (b) (I), C.R.S., in accordance with the penalty and surcharge schedule set forth in sub­subparagraphs (A) to (P) of this subparagraph (I); or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions shall be fifteen dollars, and the surcharge shall be two dollars. These penalties and surcharges shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections shall be as follows:

Section Violated Penalty Surcharge

(N)  Other offenses:

42­4­1301 (2) (a.5) $ 50.00 $ 6.00

42­4­1305 50.00 6.00

42­4­1402 50.00 6.00

42­4­1403 15.00 2.00

42­4­1404 15.00 2.00

42­4­1406 35.00 4.00

42­4­1407 35.00 4.00

42­4­314 35.00 4.00

42­4­1408 15.00 2.00".

Renumber succeeding sections accordingly.






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

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


YES 33


NO 0


EXCUSED 2


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

Y

Perlmutter

E

Wattenberg

Y

Congrove

Y

Lamborn

Y

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

E

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


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

was declared PASSED.

Co-sponsor added: Lamborn

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

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


YES 32


NO 1


EXCUSED 2


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

N

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

Y

Perlmutter

E

Wattenberg

Y

Congrove

Y

Lamborn

Y

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

E

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


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

was declared PASSED.

Co-sponsors added: Anderson, Hernandez, Matsunaka, Nichol, Pascoe, Phillips, Rupert, Sullivant

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

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


YES 33


NO 0


EXCUSED 2


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

Y

Perlmutter

E

Wattenberg

Y

Congrove

Y

Lamborn

Y

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

E

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

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


YES 32


NO 1


EXCUSED 2


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

N

Chlouber

Y

Lacy

Y

Perlmutter

E

Wattenberg

Y

Congrove

Y

Lamborn

Y

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

E

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.


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

(Amended in Special Orders as printed in Senate Journal, April 20, page 871.)

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

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

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, March 18, page 522.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 14, page 804.)

Amendment No. 3, by Senator Hillman

Amend reengrossed bill, page 2, line 9, after "sentence", insert "OR DEFERRED PROSECUTION";

line 20, after "SENTENCE", insert "OR DEFERRED PROSECUTION".

Page 3, line 8, after "sentence", insert "OR DEFERRED PROSECUTION".

Page 5, line 1, after "sentence", insert "OR DEFERRED PROSECUTION";

after line 6, insert the following:

"SECTION 4.  22­60­105.2 (2) (c), Colorado Revised Statutes, is amended to read:

22­60­105.2.  Initial applicants ­ certificates ­ letters of authorization ­ submittal of form and fingerprints ­ failure to comply constitutes grounds for denial. (c)  For purposes of this subsection (2), "convicted" means a conviction by a jury or by a court and shall also include the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with having committed a felony or misdemeanor, the payment of a fine, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court, OR AN AGREEMENT FOR A DEFERRED PROSECUTION APPROVED BY THE COURT.

SECTION 5.  22­60­110 (2) (b) and (2.1), Colorado Revised Statutes, are amended to read:

22­60­110.  Grounds for denying, annulling, suspending, or revoking certificate or letter of authorization. (2)  A certificate or letter of authorization may be denied, annulled, suspended, or revoked in the manner prescribed in section 22­60­111, notwithstanding the provisions of subsection (1) of this section:

(b)  When the holder is convicted, pleads nolo contendere, or receives a deferred sentence OR DEFERRED PROSECUTION for a violation of any law of this state or any counterpart municipal law of this state involving unlawful behavior pursuant to any of the following statutory provisions: Sections 18­3­305, 18­6­302, and 18­6­701, or of section 18­6­301, C.R.S., when the victim is a child who is ten years of age or older and under eighteen years of age, part 4 of article 3, part 4 of article 6, and part 4 of article 7 of title 18, C.R.S.;

(2.1)  A certified copy of the judgment of a court of competent jurisdiction of a conviction, the acceptance of a guilty plea, a plea of nolo contendere, or a deferred sentence, OR DEFERRED PROSECUTION shall be conclusive evidence for the purposes of paragraphs (b) and (c) of subsection (2) of this section. Upon receipt of a certified copy of the judgment, the state board of education may take immediate action to deny, annul, or suspend a certificate or letter of authorization without a hearing, notwithstanding the provisions of section 22­60­111. The state board of education may revoke a suspended certificate based on a violation of paragraph (b) or (c) of subsection (2) of this section, without a hearing and without any further action, after the exhaustion of all appeals, if any, or after the time for seeking an appeal has elapsed and upon the entry of a final judgment.

SECTION 6.  22­60.5­103 (2) (c), Colorado Revised Statutes, is amended to read:

22­60.5­103.  Initial applicants ­ licenses ­ authorizations ­ submittal of form and fingerprints ­ failure to comply constitutes grounds for denial. (2) (c)  For the purposes of this subsection (2), "convicted" means a conviction by a jury or by a court and shall also include the forfeiture of any bail, bond, or other security deposited to secure the appearance by a person charged with having committed a felony or misdemeanor, the payment of a fine, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court, OR AN AGREEMENT FOR A DEFERRED PROSECUTION APPROVED BY THE COURT.

SECTION 7.  22­60.5­107 (2) (b) and (3), Colorado Revised Statutes, are amended to read:

22­60.5­107.  Grounds for denying, annulling, suspending, or revoking license, certificate, endorsement, or authorization. (2)  Any license, certificate, endorsement, or authorization may be denied, annulled, suspended, or revoked in the manner prescribed in section 22­60.5­108, notwithstanding the provisions of subsection (1) of this section:

(b)  When the holder is convicted, pleads nolo contendere, or receives a deferred sentence OR A DEFERRED PROSECUTION for a violation of any law of this state or any counterpart municipal law of this state involving unlawful behavior pursuant to any of the following statutory provisions: Sections 18­3­305, 18­6­302, and 18­6­701, C.R.S., section 18­6­301, C.R.S., when the victim is a child who is ten years of age or older and under eighteen years of age, part 4 of article 3, part 4 of article 6, and part 4 of article 7 of title 18, C.R.S.;

(3)  A certified copy of the judgment of a court of competent jurisdiction of a conviction, the acceptance of a guilty plea, a plea of nolo contendere, or a deferred sentence, OR A DEFERRED PROSECUTION shall be conclusive evidence for the purposes of paragraphs (b) and (c) of subsection (2) of this section. Upon receipt of a certified copy of the judgment, the department of education may take immediate action to deny, annul, or suspend any license, certificate, endorsement, or authorization without a hearing, notwithstanding the provisions of section 22­60.5­108. The department of education may revoke a suspended license based on a violation of paragraph (b) or (c) of subsection (2) of this section without a hearing and without any further action, after the exhaustion of all appeals, if any, or after the time for seeking an appeal has elapsed, and upon the entry of a final judgment.".

Renumber succeeding sections accordingly.

Amendment No. 4, by Senator Hillman

Amend reengrossed bill, page 6, line 7, strike "date." and substitute "date ­ applicability.".

Amendment No. 5, by Senator Wattenberg

Amend reengrossed bill, page 2, line 10, strike "FELONY;" and substitute "FELONY WITHIN THE LAST FIFTEEN YEARS;";

line 11, after "A", insert "FELONY OR".

Page 3, line 9, strike "FELONY;" and substitute "FELONY WITHIN THE LAST FIFTEEN YEARS;".

line 10, after "A", insert "FELONY OR".

Page 5, line 2, strike "FELONY;" and substitute "FELONY WITHIN THE LAST FIFTEEN YEARS;".

line 3, after "A", insert "FELONY OR".

Amendment No. 6, by Senator Hillman

Amend reengrossed bill, page 3, line 18, after "A", insert "PARTICIPATING";

line 19, strike "MAY" and substitute "SHALL";

line 22, strike "MAY" and substitute "SHALL";

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


HB 99-1342 by Rep. Kaufman; Senator Wattenberg--Notification Of Financial Relationships

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


HB 99-1280 by Rep. McPherson; Senator Lamborn--Investment Recovery Act

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


HB 99-1330 by Rep. Mitchell; Senator Pascoe--Air Quality SIP Rule Approval

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


HB 99-1031 by Rep. Swenson; Senator Powers--Highway Project Bid Awards

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 1, page 386.)

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

HB 99-1247 by Rep. Sinclair; Senator Epps--Imposition Of Use Tax By Local Govts

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

HB 99-1024 by Rep. Swenson; Senator Arnold--Private Towing Of Aband Vehicles

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 8, pages 429-430.)

Amendment No. 2, by Senator Arnold

Amend reengrossed bill, page 7, line 4, after "The", insert "OPERATOR'S REASONABLE AND DOCUMENTED COSTS ARISING FROM THE SALE OF THE MOTOR VEHICLE PURSUANT TO SECTION 42­4­1806 (2) (a) AND THE".

Amendment No. 3, by Senator Arnold

Amend the Transportation Committee amendment, as printed in Senate Journal, March 8, page 429, line 71, after "agency", insert "SHALL ASSIGN THE VEHICLE A CASE NUMBER AND".

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

HB 99-1203 by Rep. Hefley; Senator Epps--Drug­testing In Colorado Works Program

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

(Printed in Senate Journal, April 12, pages 753-754.)

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

HB 99-1181 by Rep. Plant; Sen. Dennis--Emissions Reqts For Government Vehicles

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

HB 99-1088 by Rep. Morrison; Sen. Matsunaka--Medically Necessary Care

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

HB 99-1206 by Rep. May; Senator Powers--Sales And Use Tax For HUTF

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

HB 99-1030 by Rep. Allen; Senator Powers--Increasing Privatization Of RTD Services

Amendment No. 1, by Senator Powers

Amend reengrossed bill, page 1, line 2, strike "(2) (a)" and substitute "(2) (a), (2) (d) (X),".

Page 2, after line 1, insert the following:

"(d)  By October 31, 1988, the district shall prepare a standard form of agreement to provide bus services. Such contract shall include:

(X)  An initial term of up to three years, with options for the provider to extend the contract for a total of up to five years, unless the district and the provider shall mutually agree to a lesser initial term or extension; and THE TERM OF THE AGREEMENT, WHICH SHALL BE AS FOLLOWS:

(A)  FOR ANY AGREEMENT UNDER WHICH THE DISTRICT SHALL SUPPLY VEHICLES FOR USE BY THE PROVIDER AND IF SUCH VEHICLES HAVE BEEN FINANCED UNDER ANY SECTION OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED, THAT PROVIDES TAX­FREE STATUS FOR SUCH VEHICLES, A TERM OF NOT MORE THAN THREE YEARS, INCLUDING ANY RENEWAL OPTIONS;

(B)  FOR ANY AGREEMENT UNDER WHICH THE DISTRICT SHALL SUPPLY VEHICLES FOR USE BY THE PROVIDER AND IF SUCH VEHICLES HAVE NOT BEEN FINANCED UNDER ANY SECTION OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED, THAT PROVIDES TAX­FREE STATUS FOR SUCH VEHICLES, A TERM OF NOT MORE THAN FIVE YEARS, INCLUDING ANY RENEWAL OPTIONS; OR

(C)  FOR ANY AGREEMENT UNDER WHICH THE PROVIDER SHALL SUPPLY ITS OWN VEHICLES, A TERM OF YEARS AS NEGOTIATED BY THE DISTRICT AND THE PROVIDER; AND".

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

HB 99-1179 by Rep. Kester; Senator Dennis--Allow Dept Of Rev To Make License Tabs

Amendment No. 1, by Senator Arnold

Amend reengrossed bill, page 2, line 22, strike "DEPARTMENT." and substitute "DEPARTMENT, AND SUCH SPECIFICATIONS SHALL REFLECT, AT A MINIMUM, THE SAME QUALITY CONTROL STANDARDS EMPLOYED BY THE DEPARTMENT OF CORRECTIONS IN THE PRODUCTION OF ANY SUCH VALIDATION TAB OR STICKER AS THOSE STANDARDS EXISTED ON JANUARY 1, 1999."

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

HB 99-1250 by Rep. Johnson; Senator Epps--Health Insurance Prompt Payment

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

(Printed in Senate Journal, March 12, page 486.)

Amendment No. 2, by Senator Epps

Strike the committee amendment, as printed in Senate Journal, March 12, page 486, lines 18 through 42, and substitute the following:

"Amend reengrossed bill, page 2, line 21, after the period, add ""CLEAN CLAIM" DOES NOT INCLUDE A CLAIM FOR PAYMENT OF EXPENSES INCURRED DURING A PERIOD OF TIME FOR WHICH PREMIUMS ARE DELINQUENT, EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY LAW.".

Page 3, strike line 4, and substitute "CALENDAR DAYS;";

line 11, strike "PAID" and substitute "PAID, DENIED, OR SETTLED";

strike line 16, and substitute "INFORMATION, THE";

line 18, strike "CLAIMANT" and substitute "PROVIDER, POLICYHOLDER, INSURED, OR PATIENT, AS APPROPRIATE,";

line 19, strike "CLAIMANT" and substitute "PERSON RECEIVING A REQUEST FOR ADDITIONAL INFORMATION";

line 21, after the period, add "NOTWITHSTANDING ANY PROVISION OF AN INDEMNITY POLICY TO THE CONTRARY, THE CARRIER MAY DENY A CLAIM IF A PROVIDER FAILS TO TIMELY SUBMIT ADDITIONAL INFORMATION REQUESTED UNDER THIS PARAGRAPH (b).";

line 25, after "(5)", insert "(a)", and strike "MAKE PAYMENT" and substitute "PAY, DENY, OR SETTLE A CLEAN CLAIM IN ACCORDANCE WITH PARAGRAPH (a) OF SUBSECTION (4) OF THIS SECTION";

line 26, after "IN", insert "PARAGRAPH (b) OF".

Page 4, after line 6, insert the following:

"(b)  A CARRIER THAT FAILS TO PAY, DENY, OR SETTLE A CLAIM IN ACCORDANCE WITH SUBSECTION (4) OF THIS SECTION WITHIN NINETY DAYS AFTER RECEIVING THE CLAIM SHALL PAY TO THE INSURED OR HEALTH CARE PROVIDER, WITH PROPER ASSIGNMENT, A PENALTY IN AN AMOUNT EQUAL TO THREE PERCENT OF THE TOTAL AMOUNT ULTIMATELY ALLOWED ON THE CLAIM. SUCH PENALTY SHALL BE DUE ON THE NINETY­FIRST DAY AFTER RECEIPT OF THE CLAIM BY THE CARRIER.

(6)  THIS SECTION SHALL NOT PROHIBIT A CARRIER FROM RETROACTIVELY ADJUSTING PAYMENT OF A CLAIM IF:

(a)  THE POLICYHOLDER NOTIFIES THE CARRIER OF A CHANGE IN ELIGIBILITY OF AN INDIVIDUAL; AND

(b)  THE ADJUSTMENT IS MADE WITHIN THIRTY DAYS AFTER THE CARRIER'S RECEIPT OF SUCH NOTIFICATION.".

Page 5, strike lines 15 through 18, and substitute the following:

"(c)  ANY CONTRACT PROVIDING FOR THE PERFORMANCE OF CLAIMS PROCESSING FUNCTIONS BY AN ENTITY WITH WHICH THE CARRIER CONTRACTS SHALL REQUIRE SUCH ENTITY TO COMPLY WITH SECTION 10­16­106.5 (3), (4), AND (5).";

line 19, strike "This" and substitute "Sections 1, 2, 4, and 5 of this";

line 21, after the period, add "Section 3 of this act shall take effect January 1, 2000, and shall apply to contracts issued, modified, or amended on or after said date.".".

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

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

Amendment No. 1, by Senator Anderson

Amend printed concurrent resolution, page 3, line 18, strike everything after the period;

strike lines 19 through 26.

Page 4, strike lines 1 through 3.

Page 5, line 23, before "PROHIBITING", insert "AND";

line 24, strike "MEASURE; AND AUTHORIZING" and substitute "MEASURE."";

strike lines 25 and 26.

Page 6, strike line 1.

Page 1, line 113, before "PROHIBITING", insert "AND";

line 114, change the semicolon to a period;

strike lines 115 through 118.

Amendment No. 2, by Senator Wham

Amend printed concurrent resolution, page 5, line 16, before "$140", insert "UP TO".

page 1, line 105, before "$140", insert "UP TO".

As amended, laid over until the next Special Orders calendar, retaining its place.


ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

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

HB99-1342, 99-1330, 99-1247, 99-1181, 99-1088, 99-1206 declared passed on Second

Reading.

SB99-222 as amended, 99-1039 as amended, 99-1024 as amended, 99-1031 as amended, 99-1203 as amended, 99-1030 as amended, 99-1179 as amended, 99-1250 as amended,

declared passed on Second Reading.

HB99-1280 laid over until Monday, April 26, retaining its place on the calendar. SCR99-001, as amended, laid over until the next Special Orders calendar.


COMMITTEE OF REFERENCE REPORTS

Education After consideration on the merits, the committee recommends that SB99-229 be

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

Amend printed bill, page 2, line 25, strike "COMMISSION" and substitute "COMMISSION, IN CONSULTATION WITH THE GOVERNING BOARDS,".

Page 4, strike lines 16 through 18 and substitute the following:

"whom that student can go for MAY SEEK advice concerning both course study, and scheduling, of courses POTENTIAL EMPLOYMENT OPPORTUNITIES RELEVANT TO DEGREE CHOICES, INFORMATION SURROUNDING INSTRUCTIONAL POLICIES, PROCEDURES, AND REQUIREMENTS, AND FRESHMAN AND TRANSFER STUDENT ORIENTATION PROGRAMS AND WHO WILL MAINTAIN AN ADVISING RECORD FOR EACH STUDENT.";

line 23, after "teaching", insert "AND ADVISING";

line 25, after "teaching", insert "AND ADVISING".

Page 8, strike lines 22 through 26 and substitute the following:

"(2) In determining achievement of the statewide expectations and goals, in applying the quality indicators developed pursuant to section 23-13-105, and in allocating any moneys appropriated to reward achievement of the statewide expectations and goals, the commission and the governing boards shall ensure that the expectations for each institution are in accordance with the institution's role and mission and that application of the statewide expectations and goals and of the quality indicators do not result in an expansion or limitation of any institution's role and mission.".

Page 9, strike lines 1 through 4;

strike lines 18 through 21 and substitute the following:

"(6) The commission and each governing board shall consider the balance between instruction, research, and community service at the institution that is appropriate for the faculty members of each institution managed by the governing board.".

Page 12, line 3, strike "ANNUALLY shall identify" and substitute "PERIODICALLY shall identify REVIEW AND REVISE";

strike lines 8 and 9 and substitute the following:

"goals. The commission shall annually reexamine WHEN REVIEWING AND REVISING the statewide quality indicators, and THE COMMISSION SHALL modify them THE INDICATORS as necessary to generate the necessary".

Judiciary After consideration on the merits, the committee recommends that HB99-1235 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 6, after line 1, insert the following:

"SECTION 5.  24­72­302 (4), Colorado Revised Statutes, is amended to read:

24­72­302.  Definitions. As used in this part 3, unless the context otherwise requires:

(4)  "Criminal justice records" means all books, papers, cards, photographs, tapes, recordings, or other documentary materials, regardless of form or characteristics, which are made, maintained, or kept by any criminal justice agency in the state for use in the exercise of functions required or authorized by law or administrative rule, INCLUDING BUT NOT LIMITED TO THE RESULTS OF CHEMICAL TESTING TO DETERMINE THE GENETIC MARKERS CONDUCTED PURSUANT TO SECTIONS 16­11­204.3 AND 17­2­201 (5) (h) AND (5) (i), C.R.S.

SECTION 6.  24­72­305, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

24­72­305.  Allowance or denial of inspection ­ grounds ­ procedure ­ appeal. (1.5)  ON THE GROUND THAT DISCLOSURE WOULD BE CONTRARY TO THE PUBLIC INTEREST, THE CUSTODIAN OF CRIMINAL JUSTICE RECORDS SHALL DENY ACCESS TO THE RESULTS OF CHEMICAL TESTING TO DETERMINE THE GENETIC MARKERS CONDUCTED PURSUANT TO SECTIONS 16­11­204.3 AND 17­2­201 (5) (h) AND (5) (i), C.R.S.".

Renumber succeeding sections accordingly.

Page 6, strike lines 15 and 16 and substitute the following:

"1, 2000; except that this act shall only take effect if section 42­2­206, Colorado Revised Statutes, is amended in";

line 18, strike "the final fiscal" and substitute "becomes law.";

strike lines 19 through 22.

Judiciary After consideration on the merits, the committee recommends that HB99-1223 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 7, line 15, strike "may IS STRONGLY ENCOURAGED TO" and substitute "may";

strike line 16 and substitute the following:

"applicants for employment as set forth in this section.".

Page 15, after line 14, insert the following:

"SECTION 3.  26­4­903, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

26­4­903.  Pilot program ­ consumer­directed attendant support. (8)  SECTION 12­38.1­117 (1) (b), C.R.S., AND SECTION 12­38.1­102 (5), C.R.S., SHALL NOT APPLY TO A PERSON WHO IS DIRECTLY EMPLOYED BY AN INDIVIDUAL PARTICIPATING IN THE PILOT PROGRAM PURSUANT TO THIS SECTION AND WHO IS ACTING WITHIN THE SCOPE AND COURSE OF SUCH EMPLOYMENT. HOWEVER, SUCH PERSON MAY NOT REPRESENT HIMSELF OR HERSELF TO THE PUBLIC AS A LICENSED NURSE OR A CERTIFIED NURSE AIDE. THIS EXCLUSION SHALL NOT APPLY TO ANY PERSON WHO HAS HAD HIS OR HER LICENSE AS A NURSE OR CERTIFICATION AS A NURSE AIDE SUSPENDED OR REVOKED OR HIS OR HER APPLICATION FOR SUCH LICENSE OR CERTIFICATION DENIED.".

Renumber succeeding sections accordingly.

Page 15, line 24, after "and", insert "sections 1 and 2 of this act".

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

riations referred favorably to the Committee of the Whole: SB99-227


Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

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

STATE BOARD OF AGRICULTURE

for terms expiring the third Wednesday of January, 2003:

Donald A. Hamstra of Brighton, Colorado;

Jeff Shoemaker of Denver, Colorado.

State, After consideration on the merits, the committee recommends that HB99-1337 be

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

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 5, line 15, strike "SIGNATURES." and substitute "SIGNATURES, AND EXCEPT WHERE FEDERAL LAW REQUIRES ELECTRONIC FILING OF A DOCUMENT AND WHERE STATE AGENCIES REQUIRE ELECTRONIC FILING OF THE CORRESPONDING STATE DOCUMENTS, NO PUBLIC ENTITY SHALL REQUIRE THE USE OF ELECTRONIC SIGNATURES FOR PARTICULAR APPLICATIONS.".

Page 7, line 9, strike everything after the period;

strike lines 10 through 13 and substitute the following:

"EXCEPT WHERE FEDERAL LAW REQUIRES ELECTRONIC FILING OF A DOCUMENT AND WHERE STATE AGENCIES REQUIRE ELECTRONIC FILING OF THE CORRESPONDING STATE DOCUMENTS, NO PUBLIC ENTITY SHALL REQUIRE THE USE OF ELECTRONIC SIGNATURES FOR PARTICULAR APPLICATIONS.".

Page 8, line 23, after "ELECTRONIC", insert "RECORDS OR";

line 24, after "ELECTRONIC", insert "RECORDS OR".

Page 9, line 11, after "used,", insert "OTHER THAN GOVERNMENTAL TRANSACTIONS AS SPECIFIED IN SECTION 24­71.1­106,";

line 12, strike "the requirements of" and substitute "the requirements of";

strike lines 13 and 14 and substitute the following:

"this section. The use of an electronic or digital signature shall have the same force and effect as the use of a manual signature if: RULES PRESCRIBED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL. IN PROMULGATING RULES ON THE VALIDITY OF ELECTRONIC SIGNATURES AS AN ALTERNATIVE TO MANUAL SIGNATURES FOR NONGOVERNMENTAL TRANSACTIONS THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL SHALL CONSIDER, AMONG OTHER APPROPRIATE FACTORS, WHETHER OR NOT THE ELECTRONIC SIGNATURE MUST BE:";

line 15, strike "It is unique" and substitute "It is Unique";

line 16, strike "It is capable" and substitute "It is Capable";

line 17, strike "It is under" and substitute "It is Under";

line 18, strike "It is linked" and substitute "It is Linked";

line 19, strike "changed;" and substitute "changed.";

strike lines 20 and 21 and substitute the following:

(e)  It conforms to rules promulgated by the executive director of the department of personnel pursuant to section 24­30­1604 (1).".

Page 10, line 25, after "ELECTRONIC", insert "RECORDS OR".

Page 11, line 1, after "ELECTRONIC", insert "RECORDS OR";

line 6, after "ELECTRONIC", insert "RECORDS OR";

line 8, after "ELECTRONIC", insert "RECORDS OR";

line 14, after "ELECTRONIC", insert "RECORDS OR";

line 16, after "ELECTRONIC", insert "RECORDS OR";

line 21, after "ELECTRONIC", insert "RECORDS OR";

line 23, after "ELECTRONIC", insert "RECORDS OR".

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

Affairs referred favorably to the Committee of the Whole: HB99-1349

and Labor

Business After consideration on the merits, the committee recommends that HB99-1344 be

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

and Labor favorable recommendation:

Amend reengrossed bill, page 3, line 21, strike "EXCEPT THAT," and substitute "AND,".

Approp- After consideration on the merits, the committee recommends that HB99-1001 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 26, strike lines 5 through 10, and substitute the following:

"SECTION 7. Appropriation - adjustment in 1999 long bill. (1) In addition to any other appropriation, there is hereby appropriated, out of moneys in the general fund not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 1999, the sum of two hundred forty thousand eight hundred eighty-eight dollars ($240,888) and 2.2 FTE, or so much thereof as may be necessary, 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 forty thousand eight hundred eighty-eight dollars ($240,888).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by two hundred forty thousand eight hundred eighty-eight dollars ($240,888).".



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

riations referred favorably to the Committee of the Whole: HB99-1002


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

riations referred favorably to the Committee of the Whole: HB99-1003


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

riations referred favorably to the Committee of the Whole: HB99-1009


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

riations referred favorably to the Committee of the Whole: HB99-1015

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

riations referred favorably to the Committee of the Whole: HB99-1016

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

riations referred favorably to the Committee of the Whole: HB99-1125


Approp- After consideration on the merits, the committee recommends that HB99-1137 be

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

Amend the Finance Committee amendment, as printed in Senate Journal, April 19, 1999, page 856, strike lines 4 through 8 and substitute the following:

"line 14, strike "TWO THOUSAND THREE" and substitute "FIVE";

line 18, strike "FOUR THOUSAND SIX HUNDRED" and substitute "ONE THOUSAND";".


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

riations referred favorably to the Committee of the Whole: HB99-1151


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

riations referred favorably to the Committee of the Whole: HB99-1155

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

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

Amend the Senate Journal, April 14, 1999, page 806, line 62, strike "PERCENT."." and substitute "PERCENT.";";

after line 62, insert the following:

"SECTION 4. Appropriation - adjustment in the 1999 long bill. (1) 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 revenue, cash and document processing division, for the fiscal year beginning July 1, 1999, the sum of seventy-six thousand eight hundred ninety dollars ($76,890), or so much thereof as may be necessary, 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 seventy-six thousand eight hundred ninety dollars ($76,890).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by seventy-six thousand eight hundred ninety dollars ($76,890).";

after line 64, insert the following:

"Page 1, line 101, strike "RATE." and substitute "RATE, 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: HB99-1246


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

riations referred favorably to the Committee of the Whole: HB99-1249

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

riations referred favorably to the Committee of the Whole: HB99-1271

Approp- After consideration on the merits, the committee recommends that HB99-1311 be

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

Amend the committee amendment, as printed in Senate Journal, April 15, page 827, line 15, strike "TWO HUNDRED" and substitute "ONE HUNDRED TWENTY-FIVE";

line 21, strike "TWO HUNDRED" and substitute "ONE HUNDRED TWENTY-FIVE";

line 32, strike "22." and substitute "22;";

after line 32, insert the following:

"line 23, strike "Appropriation." and substitute "Appropriation - adjustment in 1999 long bill. (1)";

line 26, strike "one hundred sixty-six".

Page 9, strike line 1 and substitute the following:

"two hundred four thousand six hundred forty-eight dollars ($204,648) and 0.7 FTE, or";

after line 2, insert the following:

"(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 four thousand six hundred forty-eight dollars ($204,648).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by two hundred four thousand six hundred forty-eight dollars ($204,648).".".


Approp- After consideration on the merits, the committee recommends that HB99-1335 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 4, strike lines 6 through 22 and substitute the following:

"requirements and procedures. (1)  FOR THE CALENDAR YEAR COMMENCING JANUARY 1, 1999, AND FOR EACH CALENDAR YEAR THEREAFTER, EACH QUALIFIED TAXPAYER SHALL BE ALLOWED TO CLAIM A".

Page 5, strike lines 1 through 3 and substitute the following:

"DEVELOPMENT OF BIOTECHNOLOGY DURING THAT CALENDAR YEAR.

(2)  TO CLAIM THE REFUND ALLOWED BY SUBSECTION (1) OF THIS";

strike line 7 and substitute the following:

"JANUARY 1 AND NO LATER THAN APRIL 1 OF THE CALENDAR YEAR FOLLOWING THE CALENDAR YEAR";

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

strike lines 21 through 26.

Page 8, strike lines 1 through 24.

Renumber succeeding sections accordingly.

MESSAGES FROM THE HOUSE:

April 22, 1999

Mr. President:

The House has adopted and transmits herewith HJR99-1038, as printed in House Journal, April 15, page 1262.

April 22, 1999

Mr. President:

The House has adopted and transmits herewith HJR99-1016, as printed in House Journal, March 24, pages 933-934.

The House has adopted and transmits herewith HJR99-1040, as printed in House Journal, April 15, pages 1263-1264.

The House has adopted and transmits herewith HJR99-1041, as printed in House Journal, April 15, page 1264, and amended as printed in House Journal, April 22.

The House has adopted and transmits herewith HJR99-1044, as printed in House Journal, April 15, pages 1269-1270.

The House has adopted and transmits herewith HJR99-1049, as printed in House Journal, April 15, pages 1276-1277.

The House has adopted and transmits herewith HJR99-1053, as printed in House Journal, April 15, pages 1281-1282.

The House has adopted and transmits herewith HJR99-1055, as printed in House Journal, April 15, pages 1283-1284.

The House has adopted and returns herewith SJR99-029

The House has laid over SJR99-030 until May 6, deeming it lost. The resolution is returned herewith.

The House has adopted and returns herewith SJR99-031.

The House has adopted and returns herewith SJR99-035.

The House has adopted and returns herewith SJR99-039.

April 23, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1360, amended as printed in House Journal, April 22, page 1369;

HB99-1374, amended as printed in House Journal, April 22, page 1370;

HB99-1375, amended as printed in House Journal, April 22, page 1369;

SB99-039, amended as printed in House Journal, April 22, page 1370;

SB99-051, amended as printed in House Journal, April 22, pages 1371-1372

SB99-119, amended as printed in House Journal, April 22, page 1372 and on Third Reading as printed in House Journal April 23;

SB99-161, amended as printed in House Journal, April 22, page 1370;

SB99-204, amended as printed in House Journal, April 22, pages 1370- 1371.

The House has passed on Third Reading and returns herewith SB99-001 and 034.

April 23, 1999

Mr. President:

The House has adopted the First Report of the First Conference Committee on

SB99-052, as printed in House Journal, April 23, and has repassed the bill as so amended. The bill is returned herewith.

The House has adopted and transmits herewith HJR99-1030, as printed in House Journal, April 12, page 1152.

The House has adopted and transmits herewith HJR99-1035, as printed in House Journal, April 15, pages 1225-1227.

The House has adopted and transmits herewith HJR99-1043, as printed in House Journal, April 15, pages 1268-1269.

The House has adopted and transmits herewith HJR99-1051, as printed in House Journal, April 15, pages 1279-1280.

The House has adopted and returns herewith SJR99-043.

The House has voted to concur in the Senate amendments to HB99-1019, 1079 and 1198 has repassed the bills as so amended.

MESSAGE FROM THE REVISOR

April 23, 1999

We herewith transmit:

without comment, as amended, HB99-1360, 1374, 1375, SB99-039, 051, 119, 161,

and 204.

INTRODUCTION OF BILLS--FIRST READING

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

SB 99-232 by Senator Anderson; also Representatives Spradley and Dean--Concerning expenditures from the state historical fund.

Finance

SB 99-233 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman- Concerning state fiscal policies relating to section 20 of article X of the state constitution.

Appropriations

HB 99-1360 by Representatives Grossman and Kaufman; also Senators Wham, Nichol, Perlmutter, and Wattenberg--Concerning the revision of statutes in the Colorado Revised Statutes, as amended, amending or repealing obsolete, inconsistent, and conflicting provisions of law and clarifying the language to reflect the legislative intent of the laws.

Judiciary

HB 99-1374 by Representatives Berry, Tool, and Saliman; also Senators Lacy, Owen, and Tanner-Concerning negative licensing action against an affiliate of a child care licensee as a standard for the licensure of child care facilities.

Health, Environment, Welfare & Institutions

HB 99-1375 by Representative King; also Senator Anderson--Concerning creation of the excellent schools program, and, in connection therewith, specifying criteria for eligibility for school awards.

Education

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title:

HJR 99-1016 by Representatives Pfiffner, Berry, Clapp, Decker, Fairbank, Gotlieb, Hoppe, King, Lawrence, Lee, McElhany, McKay, Nuñez, Scott, Smith, Spradley, Stengel, Swenson, Taylor, Tool, Webster, T. Williams, and Witwer; also Senators Arnold, Andrews, Chlouber, Congrove, Dennis, Epps, Evans, Hillman, Lacy, Lamborn, Musgrave, Owen, Powers, Sullivant, and Wham--Concerning the General Assembly's support for federal legislation that would require a balanced federal budget and the repayment of the national debt.

Laid over one day under Senate Rule 30(e), and placed on the calendar of Monday,

April 26.

HJR 99-1030 by Representatives Tochtrop, Allen, Clapp, Dean, Decker, Gordon, Hagedorn, Hefley, Kester, Larson, Mace, May, McKay, Miller, Paschall, Ragsdale, Stengel, Takis, and Tupa; also Senators Nichol, Chlouber, Epps, Feeley, Hernandez, Sullivant, and Wattenberg--Concerning the recognition of Motorcycle Safety Month in Colorado.

Laid over one day under Senate Rule 30(e), and placed on the calendar of Monday,

April 26.

HJR 99-1035 by Representative Hoppe; also Senator Hillman--Concerning the Environmental Protection Agency's restrictions on grain fumigants.

Laid over one day under Senate Rule 30(e), and placed on the calendar of Monday,

April 26.

HJR 99-1038 by Representatives Tool, Berry, and Saliman; also Senators Lacy, Owen, and Tanner--Concerning the deadline schedule for bills that increase the number of judges.

Laid over one day under Senate Rule 30(e), and placed on the calendar of Monday,

April 26.

HJR 99-1040 by Representative Tool; also Senator Powers--Concerning the Colorado General Assembly's support for an amendment to the United States constitution mandating a balanced federal budget.

Laid over one day under Senate Rule 30(e), and placed on the calendar of Monday,

April 26.

HJR 99-1041 by Representative George; also Senator Powers--Concerning Early Childhood Intervention Awareness Day.

Laid over one day under Senate Rule 30(e), and placed on the calendar of Monday,

April 26.

HJR 99-1043 by Representatives Alexander, Hoppe, Johnson, Miller, Spradley, Taylor, Webster, and Young; also Senator Dennis--Concerning the labeling of agricultural products to include the country of origin on the package.

Laid over one day under Senate Rule 30(e), and placed on the calendar of Monday,

April 26.

HJR 99-1044 by Representatives Clapp, May, Swenson, Mace, Larson, Nuñez, Gotlieb, McElhany, and Paschall; also Senator Andrews--Concerning the encouragement of voluntary efforts to alleviate congestion on Colorado highways.

Laid over one day under Senate Rule 30(e), and placed on the calendar of Monday,

April 26.

HJR99-1049 by Representatives Gordon, Bacon, Chavez, Clarke, Coleman, Gagliardi, Grossman, Hagedorn, Mace, Plant, Ragsdale, Takis, Tapia, Tate, Tochtrop, Tupa, Veiga, Vigil, S. Williams, Windels, and Zimmerman; also Senator Feeley--Concerning support for the "Americans With Disabilities Act of 1990" regulation that requires public services in the most integrated setting.

Laid over one day under Senate Rule 30(e), and placed on the calendar of Monday,

April 26.

HJR 99-1051 by Representative Johnson; also Senator Hillman--Concerning amendment of the federal "Endangered Species Act of 1973".

Laid over one day under Senate Rule 30(e), and placed on the calendar of Monday,

April 26.



HJR 99-1053 by Representative Young; also Senator Hillman--Concerning the Colorado General Assembly's support for amendments to the federal "Unemployment Tax Act" to reduce the tax burden on family farmers.

Laid over one day under Senate Rule 30(e), and placed on the calendar of Monday,

April 26.

HJR 99-1055 by Representative McElhany; also Senator Arnold--Concerning congressional consideration of legislation to eliminate the federal marriage tax penalty.

Laid over one day under Senate Rule 30(e), and placed on the calendar of Monday,

April 26.

SIGNING OF BILLS - RESOLUTIONS

The President has signed: SB99-11, 155, 206; also SJR 99-20, 23, 26.

The President has signed: HB99-1174, 1326.

The President has signed: HB99-1111.


FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB99­1218

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

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 HB99­1218, concerning expedited methods of adopting children, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 9, line 9, strike "homicide. excluding other" and substitute "homicide, excluding other";

line 10, strike "physical assault or battery." and substitute "physical assault or battery.";

line 11, after "ADOPTIONS,", insert "IN ADDITION TO NOT GRANTING A DECREE OF FINAL ADOPTION IN CIRCUMSTANCES INVOLVING THE FELONY CONVICTIONS LISTED IN THIS SUBSECTION (4),".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Dorothy Gotlieb, Chair Sen. Norma Anderson, Chair

Rep. Lola spradley Sen. Dottie Wham

Rep. Frana Mace Sen. Mike Feeley


Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

Local After consideration on the merits, the committee recommends that HB99-1356 be

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

Amend reengrossed bill, page 2, line 6, after "CARD", insert "SHALL BE MAILED ONCE EVERY FOUR YEARS AND";

line 9, after "STATUS.", add "THE CARD SHALL BE MAILED BY FORWARDABLE MAIL, SHALL HAVE A RETURNABLE PORTION THAT HAS THE RETURN POSTAGE PREPAID AND IS PREADDRESSED TO THE SENDING COUNTY CLERK AND RECORDER, AND SHALL INCLUDE A PLACE FOR THE ELIGIBLE ELECTOR'S SIGNATURE.".

Page 3, strike line 13 through 16.

Page 4, line 18, strike "EXPIRES PURSUANT TO SECTION 1­8­104 (9) OR".

State, After consideration on the merits, the committee recommends that HB99-1110 be

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

and Military with favorable recommendation:

Affairs

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

"SECTION 1.  1­45­103 (12), Colorado Revised Statutes, is amended to read:

1­45­103.  Definitions.  As used in this article:

(12)  "Political Party" means any group of registered electors who, by petition or assembly, nominate candidates for the official general election ballot. "Political party" includes affiliated party organizations at the state, county, and election district levels. and all such affiliates are considered to be a single entity for purposes of this article.

SECTION 2.  1­45­104 (4), Colorado Revised Statutes, is amended, and the said 1­45­104 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:

1­45­104.  Contribution limits. (2.5)  NOTHING IN SUBSECTION (2) OF THIS SECTION SHALL PROHIBIT CONTRIBUTIONS FOR BOTH THE PRIMARY ELECTION AND THE GENERAL ELECTION BY MEANS OF A SINGLE PAYMENT THAT INCLUDES BOTH SUCH CONTRIBUTIONS SO LONG AS THE AMOUNT OF EACH CONTRIBUTION IS SPECIFIED.

(4) (a)  No political party shall accept contributions that are intended, or in any way designated, to be passed through the party to a specific state candidate's candidate committee. Nor shall a EXCEPT AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (4), NO political party MAY accept aggregate contributions from any person that exceed twenty­five hundred dollars per year.

(b)  THE CONTRIBUTION LIMITS IN PARAGRAPH (a) OF THIS SUBSECTION (4) SHALL NOT APPLY TO ANY CONTRIBUTION OR CONTRIBUTIONS MADE BY A NATIONAL POLITICAL PARTY OR A COMMITTEE OR SUBCOMMITTEE OF A NATIONAL POLITICAL PARTY TO A STATE LEVEL POLITICAL PARTY.

(15)  NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM USING:

(a)  FOR THE PRIMARY ELECTION, ALL OR ANY PORTION OF THE TOTAL MONEYS CONTRIBUTED TO THAT CANDIDATE FOR THE GENERAL ELECTION, UP TO THE MAXIMUM AMOUNT ALLOWED UNDER LAW, DURING THE SAME ELECTION CYCLE; OR

(b)  FOR THE GENERAL ELECTION, ALL OR ANY PORTION OF THE TOTAL MONEYS CONTRIBUTED TO THAT CANDIDATE FOR THE PRIMARY ELECTION, UP TO THE MAXIMUM AMOUNT ALLOWED UNDER LAW, DURING THE SAME ELECTION CYCLE.

(16) NOTHING IN THIS SECTION SHALL PROHIBIT A CONTRIBUTION TO A CANDIDATE UP TO THE MAXIMUM AMOUNT ALLOWED UNDER LAW IN THE ELECTION CYCLE AT ANY TIME DURING SUCH ELECTION CYCLE.

(17)  NOTHING IN THIS SECTION SHALL PROHIBIT ONE SPOUSE FROM CONTRIBUTING ON BEHALF OF THE OTHER SPOUSE, BY MEANS OF A SINGLE CONTRIBUTION, THE MAXIMUM AMOUNT ALLOWED UNDER LAW FROM THE MARITAL COUPLE FOR THE PRIMARY ELECTION, THE GENERAL ELECTION, OR BOTH, DURING THE SAME ELECTION CYCLE.

SECTION 3. 1­45­105 (6) (b) and (7) are amended, and the said 1­45­105 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

1­45­105.  Voluntary campaign spending limits. (1.5)  FOR ANY CANDIDATE WHO HAS ACCEPTED THE CAMPAIGN SPENDING LIMITS UNDER SUBSECTION (1) OF THIS SECTION AND WHO HAS A CONTESTED PRIMARY ELECTION, THE APPLICABLE SPENDING LIMIT FOR SUCH CANDIDATE SHALL BE INCREASED BY AN AMOUNT EQUAL TO FIFTY PERCENT OF SUCH LIMIT. FOR PURPOSES OF THIS SUBSECTION (1.5), A CANDIDATE HAS A CONTESTED PRIMARY ELECTION IF SUCH CANDIDATE IS OPPOSED BY ANOTHER CANDIDATE ON THE PRIMARY ELECTION BALLOT.

(6) (b)  State candidates who choose not to comply with the applicable voluntary campaign spending limit shall include the following statement in any political message produced by the candidate or the candidate's committee: "(Candidate's Name) HAS NOT AGREED TO THE CAMPAIGN SPENDING LIMITS ADOPTED BY THE VOTERS IN THE FAIR CAMPAIGN PRACTICES ACT". This statement shall be prominently featured in the political message.

(7)  Notwithstanding sections 1­5­402, 1­5­407, or any other statutory provision to the contrary:

(a)  Each primary election ballot shall clearly indicate which state candidates have accepted the applicable voluntary spending limit and which state candidates have not accepted the voluntary spending limit.

(b)  Each general election ballot shall also clearly indicate which state candidates have accepted the applicable voluntary spending limit and which state candidates have not accepted the voluntary spending limit.

SECTION 4.  1­45­106 (1) (a) and (2), Colorado Revised Statutes, are amended to read:

1­45­106.  Unexpended campaign contributions. (1) (a)  Unexpended campaign contributions to a candidate committee may be contributed to a political party, subject to the limitation set forth in section 1­45­104 (4), donated to a charitable organization recognized by the internal revenue service, returned to the contributors, or retained by the committee for use by the candidate in a subsequent campaign. pursuant to the restrictions set forth in subsection (2) of this section In no event shall contributions to a candidate committee be used for personal purposes not reasonably related to supporting the election of the candidate.

(2)  Any unexpended campaign contributions retained by a candidate committee for use in a subsequent election cycle shall be counted and reported as contributions from political committees in any subsequent election for purposes of section 1­45­104 (1) no matter how those contributions were originally classified.

SECTION 5.  1­45­108 (2) (a), Colorado Revised Statutes, is amended to read:

1­45­108.  Disclosure. (2) (a)  Such reports that are required to be filed with the secretary of state shall be filed quarterly in off­election years and on the first day of each month beginning the sixth full month before the major election and fourteen days before and thirty days after the major election in election years; EXCEPT THAT NO MONTHLY REPORT SHALL BE REQUIRED ON THE FIRST DAY OF THE MONTH IN WHICH THE MAJOR ELECTION IS HELD. Such reports that are required to be filed with the county clerk and recorder or with the municipal clerk shall be filed on the twenty­first day and on the Friday before and thirty days after the primary election, where applicable, and the major election in election years and annually in off­election years on the first day of the month in which the anniversary of the major election occurs.

SECTION 6.  1­45­109 (5), Colorado Revised Statutes, is amended to read:

1­45­109.  Filing ­ where to file ­ timeliness. (5)  NO LATER THAN DECEMBER 31, 1999, the secretary of state shall establish, operate, and maintain such computer services as are necessary to maintain a telecommunications network that allows electronic read­only access to persons who wish to review the reports filed with the secretary of state's office pursuant to this article. The rates to be charged and procedures for such access shall be determined by the secretary of state. The rates to be charged shall be set at a level which offsets the costs to the secretary of state. A WEB SITE ON THE INTERNET, OR MODIFY AN EXISTING WEB SITE, SO AS TO ALLOW ANY PERSON WHO WISHES TO REVIEW REPORTS FILED WITH THE SECRETARY OF STATE'S OFFICE PURSUANT TO THIS ARTICLE ELECTRONIC READ­ONLY ACCESS TO SUCH REPORTS FREE OF CHARGE.

SECTION 7.  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: SCR99-003

and Military

Affairs

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

riations referred favorably to the Committee of the Whole: SB99-226


INTRODUCTION OF BILL--FIRST READING

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

SB 99-234 by Senator Rupert--Concerning the retention of state revenues in excess of the constitutional limitation on state fiscal year spending for a certain fiscal year for the purpose of financing the renovation of the state capitol building.

State, Veterans, & Military Affairs


FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99-052

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

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 SB99-052, concerning charter schools, and, in connection therewith, modifying deadlines and procedures for charter school applications and specifying membership on review committees for charter school applications, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 2, strike lines 8 through 14 and substitute the following:

"(4.5) (a)  IN ORDER TO CLARIFY THE STATUS OF CHARTER SCHOOLS FOR PURPOSES OF TAX­EXEMPT FINANCING, A CHARTER SCHOOL, AS A PUBLIC SCHOOL, IS A GOVERNMENTAL ENTITY. DIRECT LEASES AND FINANCIAL OBLIGATIONS".

Page 4, strike lines 18 through 26.

Page 5, strike lines 1 through 4.

Renumber succeeding section accordingly.

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

Amend rerevised bill, page 2, strike line 5 and substitute the following:

"amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:".

Page 3, after line 1, insert the following:

"(b)  NOTWITHSTANDING THE PROVISIONS OF SECTION 22­30.5­110 (1) TO THE CONTRARY, A CHARTER SCHOOL AND THE LOCAL BOARD OF EDUCATION MAY AGREE TO EXTEND THE LENGTH OF THE CHARTER BEYOND FIVE YEARS FOR THE PURPOSE OF ENHANCING THE TERMS OF ANY LEASE OR FINANCIAL OBLIGATION.

(8) A CHARTER SCHOOL SHALL BE AUTHORIZED TO OFFER ANY EDUCATIONAL PROGRAM THAT MAY BE OFFERED BY A SCHOOL DISTRICT UNLESS EXPRESSLY PROHIBITED BY ITS CHARTER OR BY STATE LAW.";

line 2, strike "(1) and";

line 3, strike "are" and substitute "is";

strike lines 5 through 20 and substitute the following:

"22­30.5­107. Charter application ­ process. (1.5)  FOR PURPOSES OF REVIEWING A CHARTER SCHOOL".

Respectfully submitted,

Senate Committee: House Committee:

(Signed) (Signed)

Sen. Jim Congrove, Chair Rep. Keith King, Chair

Sen. Marilyn Musgrave Rep. Doug Dean

Sen. Jim Dyer Rep. Carl Miller

__________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SCR99-001, SCR99-002, SCR99-005, SB99-221, 99-227, 99-229, 99-226 were made Special Orders at 4:26 p.m. .

__________________________

Committee The hour of 4:26 p. 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--4:26 P. 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:

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

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

SCR 99-002 by Sen. Weddig; Rep. Mace--Recover Duplicative Assistance Payments

Amendment No. 1, by Senator Weddig

Amend printed resolution, page 3, line 5, strike "EQUALIZING THE BENEFITS BETWEEN THE" and substitute "ESTABLISHING MEDICAL BENEFITS FOR THE AID TO THE NEEDY DISABLED PROGRAM.";

strike lines 6 and 7.

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

SB 99-221 by Sen. Lamborn; Rep. Dean--Petitions To Amend Assoc Declarations

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

(Printed in Senate Journal, April 22, pages 880-883.)

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

SB 99-227 by Sen. Owen; Rep. Tool--Approp Transfers & Overexpenditures

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

SCR 99-005 by Senators Rupert and Feeley-- State Officials Compensation Commission

Amendment No. 1, by Senator Rupert

Amend printed resolution, page 7, line 22, strike "REJECT" and substitute "EITHER APPROVE";

strike lines 25 and 26 and substitute the following:

"(4)  WHERE THE GENERAL ASSEMBLY FAILS TO APPROVE A REPORT IN ITS ENTIRETY THAT HAS BEEN SUBMITTED BY THE COMMISSION PURSUANT TO THE PROVISIONS OF THIS SECTION, THE COMMISSION MAY SUBMIT A NEW REPORT DURING THE".

Page 8, line 2, strike "REJECTED," and substitute "NOT APPROVED,";

strike lines 13 and 14 and substitute the following:

"ONLY HAVE THE FORCE AND EFFECT OF LAW WHERE THE REPORT HAS BEEN APPROVED IN ITS ENTIRETY BY JOINT RESOLUTION OF THE GENERAL".

Page 9, line 21, strike "salary." and substitute "salary, EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE XXVIII OF THIS CONSTITUTION.".

Page 11, line 15, strike "PROVIDING" and substitute "REQUIRING";

strike line 17 and substitute the following:

"ONLY HAVE THE FORCE AND EFFECT OF LAW WHERE THE REPORT HAS BEEN APPROVED IN ITS".  

Page 1, line 111, strike "PROVIDING" and substitute "REQUIRING";

strike lines 113 and 114 and substitute the following:

"SHALL ONLY HAVE THE FORCE AND EFFECT OF LAW WHERE THE REPORT HAS BEEN APPROVED IN ITS ENTIRETY BY JOINT RESOLUTION OF THE GENERAL".

As amended, declared LOST on Second Reading.


SB 99-226 by Sen. Lacy; Rep. Tool--Consolidated Child Care Services

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

SB 99-229 by Sen. Teck; Rep. Allen--Higher Education Goals

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, April 23, page 917.)

Amendment No. 2, by Senator Evans

Amend printed bill, page 2, line 26, after "MEASURED.", insert "SUCH GOALS AND EXPECTATIONS SHALL BE BOTH OBJECTIVE AND MEASURABLE GOALS AND EXPECTATIONS OF FUTURE PERFORMANCE.".

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 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:

SB99-227, 99-226 declared passed on Second Reading

SCR99-002 as amended, SB99-221 as amended, 99-229 as amended,

declared passed on Second Reading.

SCR99-005 as amended declared lost on Second Reading.

SCR99-001, as amended, laid over until Monday, April 26, retaining last 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 Senate for final action: SJR99-034

Approp- After consideration on the merits, the committee recommends that SJR99-036 be

riations amended as follows and, as so amended, be referred to the Senate for final action:

Amend printed resolution, page 2, line 23, strike "six" and substitute "eleven";

line 27, strike "three" and substitute "five";

line 29, strike "two" and substitute "three";

line 32, strike "three" and substitute "six";

line 33, strike "two" and substitute "four".


Approp- After consideration on the merits, the committee recommends that SJR99-046 be

riations amended as follows and, as so amended, be referred to the Senate for final action:


Amend printed resolution, page 1, line 16, strike "task force" and substitute "committee";

line 21, strike "task force" and substitute "committee";

line 22, strike "fifteen" and substitute "six";

line 25, after "Senate;", add "and".

Page 2, line 2, strike "Representatives;" and substitute "Representatives.";

strike lines 3 through 11;

line 12, strike "task force" and substitute "interim committee";

strike lines 13 through 16 and substitute the following:

"than July 1, 1999. The President of the Senate and the Speaker of the House of Representatives shall jointly call the first meeting of the interim committee no later than August 1, 1999. At its first meeting, the interim committee shall elect a chair and vice­chair.";

line 17, strike "task force" and substitute "interim committee";

line 28, strike "task force" and substitute "interim committee".

Approp- After consideration on the merits, the committee recommends that SJR99-048 be

riations amended as follows and, as so amended, be referred to the Senate for final action:

Amend printed resolution, page 2, line 11, strike "eight" and substitute "eleven";

line 12, strike "Four" and substitute "Six";

line 13, strike "three" and substitute "four";

line 14, strike "one" and substitute "two";

line 15, strike "Four" and substitute "Five";

line 16, strike "one" and substitute "two".

Approp- After consideration on the merits, the committee recommends that the following be riations referred favorably to the Senate for final action: SJR99-049

Approp- After consideration on the merits, the committee recommends that the following be riations referred favorably to the Senate for final action: SJR99-050

Approp- After consideration on the merits, the committee recommends that the following be riations postponed indefinitely: SJR99-052

_________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 15(c) was suspended for Consideration of Resolutions.

_________________________

CONSIDERATION OF RESOLUTIONS

SJR 99-034 by Senators Linkhart, Andrews, Arnold, Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Martinez, Matsunaka, Musgrave, Nichol, Pascoe, Phillips, Reeves, Rupert, Sullivant, Tanner, Teck, Thiebaut, Weddig, and Wham; also Representatives Alexander, Hefley, Johnson, Keller, Larson, Lawrence, Morrison, Tochtrop, S. Williams, and Witwer--Concerning the creation of an interim committee to study child care.

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

call vote:


YES 33


NO 0


EXCUSED 2


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

Y

Perlmutter

E

Wattenberg

Y

Congrove

Y

Lamborn

Y

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

E

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


Co-sponsors added: Powers, Tebedo.


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.

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 23, page 932.)

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

Amendment No. 2, by Senator Feeley and Blickensderfer

Amend joint resolution, page 2, strike lines 24 and 25 and substitute the following:

"members shall be appointed no later than thirty";

Amend the committee amendment, page 1, strike lines 3 and 4 and substitute the following:

"strike lines 29 and 30 and substitute the following:

"interim committee and Minority Leader of the Senate shall appoint two members of the interim committee;".".

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

On motion of Senator Lacy, the Resolution, as amended, was ADOPTED by the following

roll call vote:


YES 33


NO 0


EXCUSED 2


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

Y

Perlmutter

E

Wattenberg

Y

Congrove

Y

Lamborn

Y

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

E

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


Co-sponsors added: Anderson, Hernandez, Pascoe, Reeves, Rupert.

SJR 99-048 by Senators Teck, Powers, Sullivant, and Feeley; also Representative Swenson--Concerning an interim study of the need to conduct a fiscal study of state and local governments.

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 23, page 933.)

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

On motion of Senator Teck, the Resolution, as amended, was ADOPTED by the following

roll call vote:


YES 29


NO 4


EXCUSED 2


ABSENT 0


Anderson

N

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

N

Arnold

Y

Hernandez

Y

Owen

N

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

Y

Perlmutter

E

Wattenberg

Y

Congrove

Y

Lamborn

Y

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

E

Rupert

Y

Mr. President

Y

Epps

N

Matsunaka

Y

Sullivant

Y


Co-sponsors added: Andrews, Blickensderfer, Evans, Hernandez, Hillman, Linkhart,

Matsunaka, Nichol, Pascoe, Reeves, Rupert, Weddig.

SJR 99-049 by Senator Chlouber; also Representatives Coleman, Takis, and Tate--Concerning an interim study of telecommunications issues.

Amendment No. 1, by Senator Feeley and Blickensderfer

Amend printed resolution, page 2, strike lines 8 through 10 and substitute the following:

"the Senate, two appointed by the President of the Senate and one appointed by the Minority Leader of the Senate. No more than two of the members from the House of Representatives shall be from the same political party. In".

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

On motion of Senator Chlouber, the Resolution, as amended, was ADOPTED by the

following roll call vote:


YES 30


NO 3


EXCUSED 2


ABSENT 0


Anderson

N

Evans

N

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Owen

N

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

Y

Perlmutter

E

Wattenberg

Y

Congrove

Y

Lamborn

Y

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

E

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


Co-sponsors added: Tebedo, Teck.

SJR 99-046 by Senators Sullivant, Andrews, Chlouber, Dennis, Dyer, Evans, Feeley, Linkhart, Matsunaka, Owen, Pascoe, Perlmutter, Phillips, Rupert, Teck, Wattenberg, Weddig, and Wham; also Representatives George, Plant, Scott, Witwer, Decker, Gordon, Grossman, Johnson, Kaufman, Lee, McKay, Morrison, Paschall, Ragsdale, Saliman, Spence, Swenson, Tapia, Tate, Tochtrop, Tool, Tupa, Vigil, and Zimmerman--Concerning an interim study on development and growth.

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 23, pages 932-933.)

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

Amendment No. 2, by Senator Sullivant

Amend printed joint resolution, page 1, strike line 23 and substitute the following:

"(a)  Five members of the Senate, three members appointed by the ";

line 24, strike "one member" and substitute "two members";

strike line 26 and substitute the following:

"(b)  Six members of the House of Representatives, four members";

line 27, strike "one" and substitute "two".

Page 2, line 1, strike "member" and substitute "members".

Amend the committee amendment, as printed in Senate Journal, April 23, page 932, strike line 62 and substitute the following:

"line 22, strike "fifteen" and substitute "eleven";".

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

On motion of Senator Sullivant, the Resolution, as amended, was ADOPTED by the

following roll call vote:


YES 24


NO 9


EXCUSED 2


ABSENT 0


Anderson

N

Evans

Y

Musgrave

N

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

N

Arnold

N

Hernandez

Y

Owen

Y

Teck

N

Blickensderfer

Y

Hillman

N

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

Y

Perlmutter

E

Wattenberg

Y

Congrove

N

Lamborn

N

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

E

Rupert

Y

Mr. President

Y

Epps

N

Matsunaka

Y

Sullivant

Y


Co-sponsors added: Hernandez, Linkhart, Rupert.

SJR 99-050 by Senator Lamborn; also Representative Spradley--Concerning an interim committee on business personal property tax.

Amendment No. 1, by Senator Lamborn

Amend printed joint resolution, page 1, strike lines 14 through 21 and substitute the following:

"consist of eleven members of the General Assembly. Five interim committee members shall be members of the Senate, three appointed by the President of the Senate and two appointed by the Minority Leader of the Senate. The other six interim committee members shall be members of the House of Representatives, appointed by the Speaker of the House of Representatives, four of whom shall be from the majority party and two of whom shall be from the minority party.".

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

On motion of Senator Lamborn, the Resolution, as amended, was ADOPTED by the

following roll call vote:


YES 29


NO 4


EXCUSED 2


ABSENT 0


Anderson

N

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

N

Thiebaut

N

Chlouber

Y

Lacy

Y

Perlmutter

E

Wattenberg

Y

Congrove

Y

Lamborn

Y

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

N

Reeves

Y

Wham

Y

Dyer

Y

Martinez

E

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


Co-sponsors added: Congrove, Epps, Evans, Hernandez, Hillman, Musgrave, Nichol,

Teck.

__________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB99-1164, 99-1238, 99-1293, 99-1299, 99-1289 were made Special Orders at 5:50 p.m..

__________________________

Committee The hour of 5:50 p.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--5:50 P. 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:

HB 99-1164 by Rep. Dean; Senator Lacy--Reporting Inmates Benefits Fraud

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

(Printed in Senate Journal, April 12, page 775.)

Amendment No. 2, by Senator Weddig

Amend the committee amendment, as printed in Senate Journal, April 12, page 775, strike line 68.

Amend reengrossed bill, page 5, line 20, strike "BE ORDERED TO";

strike lines 22 and 23 and substitute the following:

"ELIGIBLE.".

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

HB 99-1238 by Rep. McElhany; Senator Owen--Medicaid Contributory Negligence

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

HB 99-1293 by Rep. McElhany; Sen. Lamborn--Bulk Electronic Transfer Of DMV Records

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, April 9, page 733.)

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

HB 99-1299 by Rep. Hefley; Senator Evans--Perm Adoptive Homes For Co Dept Children

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

(Printed in Senate Journal, April 9, pages 729-731.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 22, page 879.)

Amendment No. 3, by Senator Evans

Amend reengrossed bill, page 3, line 5, after "felony", insert "OR MISDEMEANOR";

line 7, after "child;", insert "ANY CRIME, THE UNDERLYING FACTUAL BASIS OF WHICH HAS BEEN FOUND BY THE COURT ON THE RECORD TO INCLUDE AN ACT OF DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18­6­800.3, C.R.S.; VIOLATION OF A RESTRAINING ORDER, AS DESCRIBED IN SECTION 18­6­803.5, C.R.S.;";

line 8, after the period, add "IN ADDITION TO THE CRIMINAL RECORDS CHECK, THE COUNTY DEPARTMENT OF SOCIAL SERVICES, THE INDIVIDUAL, OR THE CHILD PLACEMENT AGENCY CONDUCTING THE INVESTIGATION SHALL ACCESS THE STATE CENTRAL REGISTRY OF CHILD PROTECTION TO DETERMINE WHETHER THE PROSPECTIVE ADOPTIVE PARENT OR PARENTS ARE THE SUBJECT OF A REPORT OF KNOWN OR SUSPECTED CHILD ABUSE. PURSUANT TO SECTION 19­1­307 (2) (k.5), INFORMATION SHALL BE MADE AVAILABLE IF A PERSON'S NAME IS ON THE CENTRAL REGISTRY OF CHILD PROTECTION OR HAS BEEN DESIGNATED AS "STATUS PENDING" PURSUANT TO SECTION 19­3­313.".

Page 15, after line 24, insert the following:

"SECTION 10.  19­1­307 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

19­1­307.  Dependency and neglect records and information. (2)  Records and reports ­ access to certain persons ­ agencies. Except as otherwise provided in section 19­1­303, only the following persons or agencies shall be given access to child abuse or neglect records and reports:

(k.5)  THE STATE CENTRAL REGISTRY OF CHILD PROTECTION, WHEN REQUESTED IN WRITING BY A QUALIFIED COUNTY DEPARTMENT OF SOCIAL SERVICES, INDIVIDUAL, OR CHILD PLACEMENT AGENCY APPROVED TO CONDUCT HOME STUDY INVESTIGATIONS AND REPORTS PURSUANT TO SECTION 19­5­207.5 (2) (b) (I) FOR PURPOSES OF SCREENING A PROSPECTIVE ADOPTIVE PARENT UNDER TO SECTION 19­5­207 (2.5) (a). WITHIN TEN DAYS AFTER THE REQUEST, THE CENTRAL REGISTRY SHALL PROVIDE THE INCIDENT DATE, THE LOCATION OF INVESTIGATION, THE TYPE OF ABUSE AND NEGLECT, AND THE COUNTY THAT INVESTIGATED THE INCIDENT CONTAINED IN THE CONFIRMED REPORTS OF CHILD ABUSE OR NEGLECT. THE COUNTY DEPARTMENT, INDIVIDUAL, OR CHILD PLACEMENT AGENCY SHALL BE SUBJECT TO THE FEE ASSESSMENT ESTABLISHED IN SUBSECTION (2.5) OF THIS SECTION. ANY EMPLOYEE OF THE COUNTY DEPARTMENT OR THE CHILD PLACEMENT AGENCY OR ANY INDIVIDUAL WHO RELEASES ANY INFORMATION OBTAINED UNDER THIS PARAGRAPH (k.5) TO ANY PERSON OTHER THAN THE ADOPTION COURT SHALL BE DEEMED TO HAVE VIOLATED THE PROVISIONS OF SECTION 19­3­313 (10) AND SHALL BE SUBJECT TO PENALTY THEREFOR.

SECTION 11.  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 sections accordingly.

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

HB 99-1289 by Rep. Berry; Senator Andrews--Higher Ed Study

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, March 9, pages 452-453.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 22, pages 879-880.)

As amended, ordered revised 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 Hillman, the Report of the Committee of the Whole, as amended, was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:

HB99-1238 declared passed on Second Reading

HB99-1164 as amended, 99-1293 as amended, 99-1299 as amended, 99-1289 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 Senate proceeded out of order for Consideration of House amendments to SB99-099.

______________________________


CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS

SB 99-099 by Sen. Anderson; Rep. Taylor--Real Estate Division And Commission

Senator Anderson moved that the Senate not concur in House amendments to SB99-099

as printed in House Journal, March 24, pages 919-920, and that a Conference Committee

be appointed.

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

The President appointed Senators Anderson, Chairman, Wattenberg and Matsunaka as

Senate conferees on the First Conference Committee on SB99-099.

COMMITTEE OF REFERENCE REPORTS

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

Environment, referred favorably to the Committee on Appropriations: HB99-1018

Welfare and

Institutions

Health, After consideration on the merits, the committee recommends that HB99-1306 be

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

Welfare and with favorable recommendation:

Institutions

Amend reengrossed bill, page 2, line 10, after "(I)", insert "FOR THE PURPOSES OF THIS PARAGRAPH (b), A "HEALTH COVERAGE PLAN" DOES NOT INCLUDE INSURANCE ARISING OUT OF THE "WORKERS' COMPENSATION ACT OF COLORADO" OR OTHER SIMILAR LAW, AUTOMOBILE MEDICAL PAYMENT INSURANCE, PROPERTY AND CASUALTY INSURANCE , OR INSURANCE UNDER WHICH BENEFITS ARE PAYABLE WITH OR WITHOUT REGARD TO FAULT AND WHICH IS REQUIRED BY LAW TO BE CONTAINED IN ANY LIABILITY INSURANCE POLICY OR EQUIVALENT SELF­INSURANCE.";

line 16, after "INCLUDING" insert "BUT NOT LIMITED TO";

line 17, strike "INCLUDING".

Page 3, line 2, after the period, add "THE COMMISSIONER SHALL CONSULT WITH AND UTILIZE PUBLIC AND PRIVATE RESOURCES, INCLUDING BUT NOT LIMITED TO HEALTH CARE PROVIDERS, IN THE DEVELOPMENT OF SUCH RULES.".

Page 4, strike line 17.

Reletter succeeding sub­subparagraphs accordingly.

Page 6, line 7, strike "ACTUAL" and substitute "ACTUAL, CURRENT";

after line 15, insert the following:

"(d) (I)  "HEALTH COVERAGE PLAN" HAS THE SAME MEANING AS SET FORTH IN SECTION 10­16­102 (22.5).

(II)  "HEALTH COVERAGE PLAN" DOES NOT INCLUDE INSURANCE ARISING OUT OF THE "WORKERS' COMPENSATION ACT OF COLORADO" OR OTHER SIMILAR LAW, AUTOMOBILE MEDICAL PAYMENT INSURANCE, PROPERTY AND CASUALTY INSURANCE, OR INSURANCE UNDER WHICH BENEFITS ARE PAYABLE WITH OR WITHOUT REGARD TO FAULT AND WHICH IS REQUIRED BY LAW TO BE CONTAINED IN ANY LIABILITY INSURANCE POLICY OR EQUIVALENT SELF­INSURANCE.".

Reletter succeeding paragraphs accordingly.

Page 9, line 1, strike "ACTUAL" and substitute "ACTUAL, CURRENT".

Page 11, line 23, after the period, add "THE COMMISSIONER SHALL CONSULT WITH AND UTILIZE PUBLIC AND PRIVATE RESOURCES, INCLUDING BUT NOT LIMITED TO HEALTH CARE PROVIDERS, IN THE DEVELOPMENT OF SUCH RULES.".

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

Environment, referred favorably to the Committee on Appropriations: HB99-1166

Welfare and

Institutions

Education After consideration on the merits, the committee recommends that HB99-1367 be

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

Amend reengrossed bill, page 2, line 25, strike "PROGRAM." and substitute "PROGRAM AS OF THE EFFECTIVE DATE OF THIS ACT. THIS SUB-SUBPARAGRAPH (B) IS REPEALED, EFFECTIVE JULY 1, 2001.";

strike line 26 and substitute the following:

"SECTION 2. Effective date. This act shall take effect July 1, 1999.

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.".

Page 3, strike lines 1 through 8.


Approp- After consideration on the merits, the committee recommends that HB99-1068 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 3, strike lines 16 through 25 and substitute the following:

"SECTION 3.  Part 1 of article 1 of title 17, Colorado Revised Statues, is amended BY THE ADDITION OF A NEW SECTION to read:

17­1­125. Appropriation to comply with section 2­2­703. (1)  PURSUANT TO SECTION 2­2­703, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT H.B. 99­1068, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­SECOND GENERAL ASSEMBLY:

(a)  FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24­75­302, C.R.S., TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF NINE THOUSAND NINE HUNDRED FIFTY­SEVEN DOLLARS ($9,957).

(b)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF THREE THOUSAND FOUR HUNDRED FIFTY-FIVE DOLLARS ($3,455).

SECTION 4.  24­75­302 (2) (l), Colorado Revised Statutes, is amended to read:

24­75­302.  Capital construction fund ­ capital assessment fees ­ calculation. (2)  As of July 1, 1988, and July 1 of each year thereafter through July 1, 2002, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24­75­201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:

(l)  On July 1, 1999, one hundred million dollars, plus three hundred twenty­three thousand nine hundred ninety­eight dollars pursuant to H.B. 97­1186, enacted at the first regular session of the sixty­first general assembly; plus three thousand eight hundred forty dollars pursuant to S.B. 98­021, enacted at the second regular session of the sixty­first general assembly; PLUS NINE THOUSAND NINE HUNDRED FIFTY­SEVEN DOLLARS PURSUANT TO H.B. 99­1068, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­SECOND GENERAL ASSEMBLY;".

Renumber succeeding sections accordingly.

Page 1, line 102, strike "SENTENCE." and substitute "SENTENCE, 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: HB99-1308

Approp- After consideration on the merits, the committee recommends that HB99-1260 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 26, line 11, strike "appropriated" and substitute "appropriated, to the department of public safety,".


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

riations referred favorably to the Committee of the Whole: HB99-1118


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

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

Amend the Finance Committee amendment, as printed in Senate Journal, April 20, page 885, line 6, strike "that was acquired on or after May 9,";

line 7, strike "1994, and" and substitute "that was acquired on or after May 9, 1994, JANUARY 1, 1984, and";

line 13, strike "was acquired on or after May 9,";

line 14, strike "1994, and" and substitute "was acquired on or after May 9, 1994, JANUARY 1, 1984, and";

line 21, strike "June 1, 1994." and substitute "JANUARY 1, 1984.";

line 30, strike "MAY 9, 1994." and substitute "JANUARY 1, 1984.".

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

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

Amend the committee amendment, as printed in Senate Journal, April 22, page 902, strike lines 30 through 44.


Agriculture, After consideration on the merits, the committee recommends that HB99-1355 be

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

Resources favorable recommendation:

and Energy

Amend reengrossed bill, page 4, after line 8, insert the following:

"SECTION 2.  33­14.5­108 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

33­14.5­108.  Off­highway vehicle operation prohibited on streets, roads, and highways. (1)  No off­highway vehicle may be operated on the public streets, roads, or highways of this state except in the following cases:

(i)  WHEN A PUBLIC UTILITY, AS DEFINED IN SECTION 40­1­103 (1), C.R.S., OR A COOPERATIVE ELECTRIC ASSOCIATION, AS DEFINED IN SECTION 40­9.5­102, C.R.S., OR ANY AGENT THEREOF DESIGNATED SPECIFICALLY FOR THE PURPOSE OF METER READING OR REPAIR, IS USING AN OFF­HIGHWAY VEHICLE FOR BUSINESS PURPOSES.".

Renumber succeeding section accordingly.


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

Natural referred to the Senate for final action: HJR99-1023

Resources

and Energy

Finance After consideration on the merits, the committee recommends that the following be postponed indefinitely: HB99-1126


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

Environment, postponed indefinitely: HB99-1051

Welfare and

Institutions

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendars of Friday, April 23 and Saturday, April 24, were laid over until Monday, April 26, retaining their place on the calendar.

______________________________

On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Monday, April 26, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate