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
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