This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Rev. Glen Hamlyn, Rocky Mountain
Cathedral.
Roll Call Present--Total, 31.
Absent/Excused--Dennis, Lacy, Martinez, Tebedo--Total, 4.
Present later--Dennis, Lacy, Tebedo.
Quorum The President announced a quorum present.
Reading of On motion of Senator Hillman, reading of the Journal of April 23rd was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 99-232, 233, 234.
Services
Correctly enrolled: SB 99-216.
Correctly engrossed: SB 99-221, 222, 226, 227, 229;
SCR 99-2; SJR 99-36, 46, 48, 49, 50.
Correctly revised: HB 99-1024, 1030, 1031, 1039,
1088, 1164, 1179, 1181, 1203, 1206, 1238, 1247, 1250, 1289, 1293,
1299, 1330, 1342.
To the Governor for signature on Friday, April 23, 1999, at 6:35 pm:
SB 99-216.
THIRD READING OF BILLS--FINAL PASSAGE
On Third Reading, the titles of the following bills
were publicly read, the reading at length having been dispensed
with by unanimous consent:
HB 99-1325 by Rep. George; Senator Powers--Transportation
RANs
Laid over until Tuesday, April 27, retaining its
place on the calendar.
SB 99-222 by Sen. Blickensderfer; Rep. Dean--Y2K
Hospital Enterprises
The question being "Shall the bill pass?" the roll was called with the following result:
YES 28 | NO 3 | EXCUSED 4 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | N | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | N |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | E | Rupert | Y | Mr. President |
Y |
Epps | N | 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: Chlouber
HB 99-1039 by Rep. Clapp; Sen. Hillman--Prospective School Employees
The question being "Shall the bill pass?" the roll was called with the following result:
YES 23 | NO 8 | EXCUSED 4 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | N | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | N |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | Linkhart | N | Reeves | N | Wham | Y |
Dyer | Y | Martinez | E | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | N | Sullivant | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Arnold, Congrove, Epps, Musgrave.
HB 99-1342 by Rep. Kaufman; Senator Wattenberg--Notification
Of Financial Relationships
The question being "Shall the bill pass?" the roll was called with the following result:
YES 31 | NO 0 | EXCUSED 4 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | 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.
HB 99-1330 by Rep. Mitchell; Senator Pascoe--Air
Quality SIP Rule Approval
The question being "Shall the bill pass?" the roll was called with the following result:
YES 31 | NO 0 | EXCUSED 4 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | 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.
HB 99-1031 by Rep. Swenson; Senator Powers--Highway
Project Bid Awards
The question being "Shall the bill pass?" the roll was called with the following result:
YES 31 | NO 0 | EXCUSED 4 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | 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: Chlouber, Congrove, Musgrave.
HB 99-1247 by Rep. Sinclair; Senator Epps--Imposition
Of Use Tax By Local Govts
The question being "Shall the bill pass?" the roll was called with the following result:
YES 28 | NO 4 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | N | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | N | Lamborn | N | Phillips | Y | Weddig | Y |
Dennis | E | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | E | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | N |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
HB 99-1024 by Rep. Swenson; Senator Arnold--Private
Towing Of Aband Vehicles
A majority of those elected to the Senate having
voted in the affirmative, Senator Arnold was given permission
to offer a third Reading amendment.
Third Reading Amendment No. 1, by Senator Arnold
Amend revised bill, page 3, line 13, after "agency",
insert "SHALL ASSIGN THE VEHICLE A CASE NUMBER AND";
line15, strike "SHALL ASSIGN THE VEHICLE A CASE
NUMBER AND".
A majority of all members elected to the Senate having
voted in the affirmative, the amendment was adopted.
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
YES 27 | NO 5 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | N | Tanner | Y |
Andrews | Y | Feeley | N | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | N | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | N | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | E | Rupert | Y | Mr. President |
N |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
as amended was declared PASSED.
Co-sponsor added: Weddig.
HB 99-1203 by Rep. Hefley; Senator Epps--Drugtesting
In Colorado Works Program
The question being "Shall the bill pass?" the roll was called with the following result:
YES 28 | NO 4 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | N | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | N | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | E | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Congrove, Musgrave, Powers.
HB 99-1088 by Rep. Morrison; Sen. Matsunaka--Medically
Necessary Care
The question being "Shall the bill pass?"
the roll was called with the following result:
YES 25 | NO 7 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | N | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | N | Lamborn | N | Phillips | Y | Weddig | Y |
Dennis | E | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | E | Rupert | Y | Mr. President |
N |
Epps | Y | Matsunaka | Y | Sullivant | N |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Hernandez, Linkhart, Nichol, Pascoe,
Reeves, Rupert, Tanner, Weddig, Wham.
HB 99-1250 by Rep. Johnson; Senator Epps--Health
Insurance Prompt Payment
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | 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: Arnold, Congrove, Lamborn, Linkhart,
Matsunaka, Musgrave, Pascoe, Powers, Sullivant, Tanner, Wattenberg.
SB 99-221 by Sen. Lamborn; Rep. Dean--Petitions To
Amend Assoc Declarations
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | 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: Weddig.
SB 99-227 by Sen. Owen; Rep. Tool--Approp Transfers
& Overexpenditures
The question being "Shall the bill pass?" the roll was called with the following result:
YES 31 | NO 1 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | 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 99-226 by Sen. Lacy; Rep. Tool--Consolidated Child
Care Services
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | 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: Hernandez, Linkhart, Pascoe, Rupert
Weddig.
SB 99-229 by Sen. Teck; Rep. Allen--Higher Education
Goals
The question being "Shall the bill pass?" the roll was called with the following result:
YES 30 | NO 2 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | N | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | 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.
HB 99-1164 by Rep. Dean; Senator Lacy--Reporting
Inmates Benefits Fraud
The question being "Shall the bill pass?" the roll was called with the following result:
YES 31 | NO 1 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | 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: Arnold, Congrove, Epps, Hernandez,
Hillman, Lamborn, Musgrave, Nichol, Powers.
HB 99-1238 by Rep. McElhany; Senator Owen--Medicaid
Contributory Negligence
The question being "Shall the bill pass?" the roll was called with the following result:
YES 26 | NO 6 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | N | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | N | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | E | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | N | Sullivant | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Evans, Powers.
HB 99-1293 by Rep. McElhany; Sen. Lamborn--Bulk Electronic
Transfer Of DMV Records
The question being "Shall the bill pass?" the roll was called with the following result:
YES 27 | NO 5 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | N | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | N | Wattenberg | Y |
Congrove | N | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | E | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | N | Sullivant | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
HB 99-1299 by Rep. Hefley; Senator Evans--Perm Adoptive
Homes For Co Dept Children
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | 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: Chlouber, Congrove, Dyer, Hernandez,
Lamborn, Linkhart, Musgrave, Nichol, Pascoe, Reeves, Rupert, Sullivant,
Weddig, Wham.
HB 99-1289 by Rep. Berry; Senator Andrews--Higher
Ed Study
The question being "Shall the bill pass?" the roll was called with the following result:
YES 25 | NO 7 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
Arnold | Y | Hernandez | N | Owen | N | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | N | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | E | Linkhart | Y | Reeves | N | Wham | Y |
Dyer | Y | Martinez | E | Rupert | N | 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: Chlouber, Congrove.
HB 99-1181 by Rep. Plant; Sen. Dennis--Emissions
Reqts For Government Vehicles
Laid over until later in the day, April 26, retaining
its place on the calendar.
HB 99-1206 by Rep. May; Senator Powers--Sales And
Use Tax For HUTF
Laid over until later in the day, April 26, retaining
its place on the calendar.
HB 99-1030 by Rep. Allen; Senator Powers--Increasing
Privatization Of RTD Services
Laid over until later in the day, April 26, retaining
its place on the calendar.
HB 99-1179 by Rep. Kester; Senator Dennis--Allow
Dept Of Rev To Make License Tabs
Laid over until later in the day, April 26, retaining
its place on the calendar.
SCR 99-002 by Sen. Weddig; Rep. Mace--Recover Duplicative
Assistance Payments
Laid over until later in the day, April 26, retaining
its place on the calendar.
_________________________
On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 15(c) was suspended for Consideration of Special Orders.
_________________________
On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB99-1001, 99-1002, 99-1003, 99-1009, 99-1015, 99-1016, 99-1125, 99-1137, 99-1151, 99-1155, 99-1207, 99-1246, 99-1249, 99-1271, 99-1311, 99-1335, were made Special Orders at 9:47 a.m.
__________________________
Committee The hour of 9:47 a.m. having arrived, Senator Andrews moved that the Senate resolve
of the itself into Committee of the Whole for consideration of Special Orders and Senator
Whole Andrews was called to the Chair to act as Chairman.
SPECIAL ORDERS--SECOND READING OF BILLS--9:47
A.M.
The Committee of the Whole having risen, the Chairman
reported that the following bills, reading at length having been
dispensed with by unanimous consent, had been considered and action
taken thereon as follows:
HB 99-1002 by Rep. Alexander; Senator Musgrave--Sales
& Use Tax Exemp For Farm Equip
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 14, page 806.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1009 by Rep. Sullivant; Senator Owen--Coins
& Metal Bullion Tax Exemption
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 19, page 856..)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1015 by Rep. Taylor; Sen. Wattenberg--Vending
Machine Sales Tax Exemption
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 14, page 806.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1016 by Rep. Johnson; Senator Wattenberg--Sales
Tax Exemption For Ag Compounds
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 15, pages 825-826.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1125 by Rep. Swenson: Sen. Teck--Foreign Source
Income Adjustment
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 19, page 855.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1137 by Rep. Taylor; Sen. Blickensderfer--Personal
Income Tax Modifications
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 19, pages 855-856.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 23, page 921.)
Amendment No. 3, by Senator Blickensderfer
Strike the Appropriations Committee amendment, as
printed in Senate Journal, April 23, page 921, lines 10 through
17.
Strike the Finance Committee amendment, as printed
in Senate Journal, April 19, page 855, lines 69 through 72 and
page 856, lines 1 through 16 and substitute the following:
"Amend reengrossed bill, page 2, line 14, strike
"TWO THOUSAND THREE" and substitute "ONE THOUSAND
TWO";
line 18, strike "FOUR THOUSAND SIX"
and substitute "TWO THOUSAND FOUR".".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1001 by Rep. McPherson; Senator Powers--TABOR
Refund Of Excess Revenues
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 16, pages 849-851.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 23, page 920.)
Amendment No. 3, by Senator Powers
Amend the Finance Committee amendment, page 849,
strike lines 58 and 59, and substitute the following:
"Page 6, line 12, strike "THIS SUBSECTION
(1)" and substitute "SUBSECTION (2) OF THIS SECTION";
line 18, after "REVENUES", insert "THAT
IS NOT REFUNDED BY ANOTHER METHOD ESTABLISHED BY LAW";";
strike lines 65 and 66 of the committee amendment
and substitute the following:
"line 24, strike "STATE EXCESS"
and substitute "EXCESS STATE" and after "REVENUES",
insert "THAT IS NOT REFUNDED BY ANOTHER METHOD ESTABLISHED
BY LAW AND IS";".
Page 850, strike lines 5 and 6 of the committee amendment
and substitute the following:
"strike line 14, and substitute the following:
"STATE CONSTITUTION AND THAT ARE NOT REFUNDED
BY ANOTHER METHOD ESTABLISHED BY LAW FOR THE FISCAL YEAR ENDING
IN THAT CALENDAR YEAR; AND";";
strike line 12 of the committee amendment and substitute
the following:
"line 18, after "ANY", insert "OTHER"
and strike "YEAR," and substitute "YEAR AND THAT
WERE NOT";";
line 28 of the committee amendment, strike the period
and substitute a semicolon;
after line 28, insert the following:
"line 26, strike "STATE EXCESS"
and substitute "EXCESS STATE".";
after line 43 of the committee amendment, insert
the following:
"Page 10, strike line 20 and substitute the
following:
"CLASSIFICATION OR REFUND AMOUNT".";
line 63 of the committee amendment, after "6,"
, insert "after "EXCESS", insert "STATE",
and";
after line 68 of the committee amendment, insert
the following:
"line 13, after "EXCESS", insert "STATE";".
Page 851 of the committee amendment, after line 2,
insert the following:
"line 21, after "EXCESS", insert "STATE";";
after line 9 of the committee amendment, insert the
following:
"line 3, after "EXCESS", insert "STATE";";
after line 16 of the committee amendment, insert
the following:
"line 12, after "EXCESS", insert "STATE";";
after line 21 of the committee amendment, insert
the following:
"line 19, after "EXCESS", insert "STATE";";
line 46 of the committee amendment, strike the period
and substitute a semicolon;
after line 46 of the committee amendment, insert
the following:
"line 15, strike "STATEMENT" and substitute
"REPORT".".
As amended, laid over until later in the day, April
26, retaining its place on the calendar.
HB 99-1003 by Rep. McElhany; Senator Arnold--Eliminate
Income Tax Marriage Penalty
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 99-1151 by Rep. Sinclair; Senator Lamborn--Increase
Income Tax Pension Exclusion
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 15, page 826.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1155 by Rep. Spradley; Senator Owen--Conservation
Easement Tax Credit
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 15, page 826.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 99-1207 by Rep. McPherson; Senator Lamborn--Reduce
State Income Tax Rate
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 14, page 806.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 23, page 921.)
Amendment No. 3, by Senator Perlmutter and Anderson
Amend reengrossed bill, page 2, line 1, after "1999,",
insert the following:
"IF BASED UPON THE FINANCIAL REPORT PREPARED
IN ACCORDANCE WITH SECTION 2477106.5, C.R.S., THE
CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR THE
STATE FISCAL YEAR ENDING IN THE INCOME TAX YEAR EXCEEDS THE LIMITATION
ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF
ARTICLE X OF THE STATE CONSTITUTION AND THE VOTERS STATEWIDE HAVE
NOT AUTHORIZED THE STATE TO RETAIN AND SPEND ALL OR A PORTION
OF THE EXCESS REVENUES FOR THAT STATE FISCAL YEAR, THEN";
line 4, strike "TRUST." and substitute
the following:
"TRUST AS A REFUND OF SUCH EXCESS STATE REVENUES.
IF THE CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES
FOR THE STATE FISCAL YEAR ENDING IN ANY INCOME TAX YEAR DOES NOT
EXCEED SAID LIMITATION ON STATE FISCAL YEAR SPENDING, A TAX OF
FIVE PERCENT IS IMPOSED ON THE FEDERAL TAXABLE INCOME, AS DETERMINED
PURSUANT TO SECTION 63 OF THE INTERNAL REVENUE CODE, OF EVERY
INDIVIDUAL, ESTATE, AND TRUST.";
line 17, after "1999,", insert the following:
"IF BASED UPON THE FINANCIAL REPORT PREPARED
IN ACCORDANCE WITH SECTION 2477106.5, C.R.S., THE
CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR THE
STATE FISCAL YEAR ENDING IN THE INCOME TAX YEAR EXCEEDS THE LIMITATION
ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF
ARTICLE X OF THE STATE CONSTITUTION AND THE VOTERS STATEWIDE HAVE
NOT AUTHORIZED THE STATE TO RETAIN AND SPEND ALL OR A PORTION
OF THE EXCESS REVENUES FOR THAT STATE FISCAL YEAR, THEN THE INCOME
TAX RATE SHALL BE REDUCED TO";
line 18, strike "INCOME." and substitute
"INCOME AS A REFUND OF SUCH EXCESS STATE REVENUES. IF THE
CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR THE
STATE FISCAL YEAR ENDING IN ANY INCOME TAX YEAR DOES NOT EXCEED
SAID LIMITATION ON STATE FISCAL YEAR SPENDING, THEN THE INCOME
TAX RATE SHALL BE FIVE PERCENT OF THE COLORADO NET INCOME.";
after line 18, insert the following:
"SECTION 3. 2477106.5,
Colorado Revised Statutes, is amended to read:
2477106.5. Annual financial
report certification of state excess revenues.
(1) (a) For each fiscal year, the controller shall
prepare a financial report for the state for purposes of ascertaining
compliance with the provisions of this article. Any financial
report prepared pursuant to this section shall include, but shall
not be limited to, state fiscal year spending, reserves, revenues,
and debt. Such financial report shall be audited by the state
auditor.
(b) BASED UPON THE FINANCIAL REPORT PREPARED
IN ACCORDANCE WITH PARAGRAPH (a) OF THIS SUBSECTION (1) FOR ANY
GIVEN FISCAL YEAR, THE CONTROLLER SHALL CERTIFY TO THE GOVERNOR,
THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
OF REVENUE NO LATER THAN SEPTEMBER 1 FOLLOWING THE END OF A FISCAL
YEAR THE AMOUNT OF STATE REVENUES IN EXCESS OF THE LIMITATION
ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF
ARTICLE X OF THE STATE CONSTITUTION, IF ANY, FOR SUCH FISCAL YEAR.
(2) ANY FINANCIAL REPORT PREPARED AND
CERTIFICATION OF STATE EXCESS REVENUES MADE PURSUANT TO SUBSECTION
(1) OF THIS SECTION SHALL BE AUDITED BY THE STATE AUDITOR. NO
LATER THAN SEPTEMBER 15 FOLLOWING THE CERTIFICATION MADE BY THE
STATE CONTROLLER FOR ANY GIVEN FISCAL YEAR, THE STATE AUDITOR
SHALL REPORT AND TRANSMIT TO THE GOVERNOR, THE GENERAL ASSEMBLY,
AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE THE RESULTS
OF ANY AUDIT CONDUCTED IN ACCORDANCE WITH THIS SUBSECTION (2).
(2) (3) Notwithstanding
any generally accepted accounting principles to the contrary,
financial reports prepared pursuant to subsection (1) of this
section shall not include any unrealized gains or losses on investments
held by the state.".
Renumber succeeding section accordingly.
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
Senator Blickensderfer moved that the Committee of
the Whole rise, report progress and beg leave to sit again. A
majority of those elected to the Senate having voted in the affirmative,
the motion was adopted.
AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE
WHOLE
HB 99-1151 by Rep. Sinclair; Senator Lamborn--Increase
Income Tax Pension Exclusion
Senator Thiebaut moved to amend the Report of the Committee of the Whole to show
that the following Thiebaut amendment, made to HB99-1151,
as amended, did pass:
Amend reengrossed bill, page 2, line 23, strike "TWENTY-FOUR
THOUSAND" and substitute "THIRTY THOUSAND".
The motion was declared LOST by the following roll call vote:
YES 12 | NO 22 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | NY | Evans | N | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | Y | Tebedo | N |
Arnold | N | Hernandez | Y | Owen | N | Teck | N |
Blickensderfer |
N | Hillman | N | Pascoe | Y | Thiebaut | Y |
Chlouber | N | Lacy | N | Perlmutter | Y | Wattenberg | N |
Congrove | N | Lamborn | N | Phillips | Y | Weddig | N |
Dennis | N | Linkhart | Y | Reeves | Y | Wham | N |
Dyer | N | Martinez | E | Rupert | Y | Mr. President |
N |
Epps | N | Matsunaka | Y | Sullivant | N |
HB 99-1207 by Rep. McPherson; Senator Lamborn--Reduce
State Income Tax Rate
Senator Blickensderfer moved to amend the Report of the Committee of the Whole to
show that the Perlmutter/Anderson floor amendment, made to HB99-1207, as amended,
did not pass.
The motion was declared LOST by the following roll call vote:
YES 17 | NO 17 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | N | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | N | Nichol | N | Tebedo | Y |
Arnold | Y | Hernandez | N | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | N | Wattenberg | N |
Congrove | Y | Lamborn | Y | Phillips | N | Weddig | N |
Dennis | Y | Linkhart | N | Reeves | N | Wham | N |
Dyer | N | Martinez | E | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | N | Sullivant | Y |
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Andrews, the Report of the Committee
of the Whole was adopted and, a majority of all members elected
having voted in the affirmative, the following action was taken:
HB99-1003 declared passed on Second Reading.
HB99-1002 as amended, 99-1009 as amended, 99-1015 as amended, 99-1016 as
amended, 99-1125 as amended, 99-1137 as amended, 99-1151 as amended, 99-1155 as
amended, 99-1207 as amended, declared passed on Second
Reading.
Senate in recess.
Senate reconvened.
Call of Call of Senate.
Senate
Call Raised.
__________________________
Committee On motion of Senator Andrews, the Senate resolved itself into the Committee of the
of the Whole for consideration of Special Orders and Senator Andrews was called to the Chair
Whole to act as Chairman.
SPECIAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman reported that the following bills,
reading at length having been dispensed with by unanimous consent, had been considered
and action taken thereon as follows:
HB 99-1246 by Rep. Tate; Senator Owen--Long Term
Care Insurance Tax Credit
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 16, page 849.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1249 by Rep. Spradley; Senator Wattenberg--Severance
Tax Modifications
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 15, pages 827-828.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1271 by Rep. Sullivant; Senator Evans--Alt
Fuels Tax Exemption Credit & Rebate
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 14, page 805.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1311 by Rep. Spradley; Senator Owen--TABOR
Refund Based On Personal Prop Tax
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 15, pages 825-826.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 23, page 922.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1335 by Rep. Swenson; Senator Lacy--Financial
Incentives For Biotechnology
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, April 23, pages 922-923.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1001 by Rep. McPherson; Senator Powers--TABOR Refund Of Excess Revenues
(Amended in Special Orders as printed in Senate Journal,
April 26, pages 952 and 953.)
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 Andrews, the Report of the Committee
of the Whole was adopted and, a majority of all members elected
having voted in the affirmative, the following action was taken:
HB99-1246 as amended, 99-1249 as amended, 99-1271 as amended, 99-1311 as
amended, 99-1335 as amended, 99-1001 as amended,
declared passed on Second Reading.
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 99-1181 by Rep. Plant; Sen. Dennis--Emissions
Reqts For Government Vehicles
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | 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: Hernandez, Phillips, Sullivant,
Tebedo.
HB 99-1206 by Rep. May; Senator Powers--Sales And
Use Tax For HUTF
Call of Call of Senate.
Senate
Call Raised.
The question being "Shall the bill pass?" the roll was called with the following result:
YES 21 | NO 13 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | N | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | N | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | N | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | N | Weddig | N |
Dennis | Y | Linkhart | N | Reeves | N | Wham | N |
Dyer | Y | Martinez | E | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | N | 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 99-1030 by Rep. Allen; Senator Powers--Increasing
Privatization Of RTD Services
The question being "Shall the bill pass?" the roll was called with the following result:
YES 19 | NO 15 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | N | Nichol | N | Tebedo | Y |
Arnold | Y | Hernandez | N | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | N | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | N | Weddig | N |
Dennis | Y | Linkhart | N | Reeves | N | Wham | N |
Dyer | N | Martinez | E | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | N | Sullivant | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Andrews, Congrove, Hillman, Musgrave,
Teck.
HB 99-1179 by Rep. Kester; Senator Dennis--Allow
Dept Of Rev To Make License Tabs
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | 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.
SCR 99-002 by Sen. Weddig; Rep. Mace--Recover Duplicative
Assistance Payments
The question being "Shall the resolution pass?" the roll was called with the following result:
YES 28 | NO 6 | EXCUSED 1 | 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 | N | Thiebaut | N |
Chlouber | N | Lacy | Y | Perlmutter | N | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | N | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | E | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate having
voted in the affirmative, the resolution was declared PASSED.
Co-sponsors added: Owen, Powers.
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 Special Orders.
_________________________
On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB99-1356, 99-1068, 99-1308, 99-1118, 99-1355 were made Special Orders at 3:00 p.m.
__________________________
Committee The hour of 3:00 p.m. having arrived, Senator Andrews moved that the Senate resolve
of the itself into Committee of the Whole for consideration of Special Orders and Senator
Whole Andrews was called to the Chair to act as Chairman.
SPECIAL ORDERS--SECOND READING OF BILLS--3:00
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 99-1356 by Representative Smith; also Senator
Blickensderfer--Concerning absentee voters, and, in connection
therewith, establishing permanent absentee voter status.
Amendment No. 1, Local Government Committee Amendment
(Printed in Senate Journal, April 23, pages 926-927.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1068 by Rep. Kester; Senator Dennis--Community
Corrections Escapees
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, April 23, pages 940-941.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1118 by Rep. Johnson; Senator Teck--Hepatitis
C Program
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 99-1355 by Rep. Taylor; Senator Dennis--Nonresident
Offhighway Vehicle Permits
Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment
(Printed in Senate Journal, April 23, page 942.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1308 by Rep. Allen; Sen. Hillman--Teacher Licensure
& Immunity
Amendment No. 1, Education Committee Amendment
(Printed in Senate Journal, April 22, page 901.)
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 Andrews, the Report of the Committee
of the Whole was adopted and, a majority of all members elected
having voted in the affirmative, the following action was taken:
HB99-1118 declared passed on Second Reading.
HB99-1356 as amended, 99-1068 as amended, 99-1355 as amended,
99-1308 as amended, declared passed on Second Reading.
Committee On motion of Senator Andrews, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Andrews was called to the Chair to act
Whole as Chairman.
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman
reported that the following bills, reading at length having been
dispensed with by unanimous consent, had been considered and action
taken thereon as follows:
HB 99-1280 by Rep. McPherson; Senator Lamborn--Investment
Recovery Act
Laid over until Tuesday, April 27, retaining its place on the calendar.
HB 99-1165 by Rep. Kaufman; Sen. Dyer--Monitoring
Diesel Fuel Fraud
Amendment No. 1, Transportation Committee Amendment
(Printed in Senate Journal, April 14, page 807.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
SCR 99-001 by Sen. Rupert--Capitol Building Restoration
(Amended in General Orders as printed in Senate Journal,
April 23, page 916.)
Laid on the table.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Andrews, the Report of the Committee
of the Whole was adopted and, a majority of all members elected
having voted in the affirmative, the following action was taken:
HB99-1165 as amended, declared passed on Second Reading.
SCR99-001 laid on the table.
HB99-1280 laid over until Tuesday, April 27, retaining
its place on the calendar.
______________________________
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 Senate bills..
______________________________
CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS
SB 99-022 by Sen. Wham; Rep. Tool--Access To OB/GYN
Medical Care
Senator Wham moved that the Senate not concur in House amendments to SB99-022,
as printed in House Journal, April 20, pages 1330-1331,
and April 22 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 Wham, Chairman,
Epps, and Reeves as Senate Conferees on the First Conference Committee
on SB99-022.
Senator Wham moved that the Senate Conferees on the First Conference Committee on
SB99-022 be given the powers to go beyond the scope of the differences between the two
Houses.
A majority of all members elected to the Senate having
voted in the affirmative, the motion was adopted.
SB 99-004 by Sen. Powers; Rep. Pfiffner--Regulation
Of Nonprofit State Activities
Senator Powers moved that the Senate concur in House amendments to SB99-004, as
printed in House Journal, April 16, page 1292. The motion was adopted by the following
roll call vote:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | 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 |
The question being "Shall the bill, as amended, pass?" the roll was called with the
following result:
YES 30 | NO 4 | EXCUSED 1 | 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 | N | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | N | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | E | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill,
as amended, was declared REPASSED.
SB 99-153 by Sen. Owen; Rep. Spradley--Restructure
Natural Gas Industry
Senator Owen moved that the Senate concur in House amendments to SB99-153, as
printed in House Journal, April 20, pages 1333-1334. The motion was adopted by the following roll call vote:
YES 32 | NO 2 | EXCUSED 1 | 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 | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | N | Wham | Y |
Dyer | Y | Martinez | E | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
The question being "Shall the bill, as amended, pass?" the roll was called with the
following result:
YES 33 | NO 1 | EXCUSED 1 | 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 | Y | 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,
as amended, was declared REPASSED.
SB 99-039 by Sen. Tebedo; Rep. Mace--Dropout Definition
& District Reporting
Senator Tebedo moved that the Senate not concur in House amendments to SB99-039,
as printed in House Journal, April 22, page 1370, 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 Tebedo, Chairman,
Arnold and Hernandez as Senate Conferees on the First Conference
Committee on SB99-039.
SB 99-051 by Sen. Hernandez; Rep. George--Student
Dropout Prevention & Interventn
Senator Hernandez moved that the Senate concur in House amendments to SB99-051, as
printed in House Journal, April 22, pages 1371-1372. The motion was adopted by the following roll call vote:
YES 30 | NO 4 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | 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 | Y | Wattenberg | Y |
Congrove | Y | Lamborn | N | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | N |
Dyer | Y | Martinez | E | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
The question being "Shall the bill, as amended, pass?" the roll was called with the
following result:
YES 30 | NO 4 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | 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 | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | N |
Dyer | Y | Martinez | E | Rupert | Y | Mr. President |
Y |
Epps | N | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill,
as amended, was declared REPASSED.
SB 99-119 by Sen. Wham; Rep. Kaufman--HIV Testing
Information
Senator Wham moved that the Senate concur in House amendments to SB99-119, as
printed in House Journal, April 22, pages 1372 and April 23. The motion was adopted by the following roll call vote:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | 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 |
The question being "Shall the bill, as amended, pass?" the roll was called with the
following result:
YES 33 | NO 1 | EXCUSED 1 | 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 | Y | 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,
as amended, was declared REPASSED.
SB 99-161 by Sen. Tebedo; Rep. Berry--Work Comp Reduction
For Drugs & Alcohol
Laid over until Tuesday, April 27, retaining its
place on the calendar.
SB 99-204 by Sen. Tebedo; Rep. McElhany--State Reporting
Requirements
Laid over until Tuesday, April 27, retaining its
place on the calendar.
COMMITTEE OF REFERENCE REPORTS
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 that
Resources the appointment be confirmed:
And Energy
STATE AGRICULTURAL COMMISSION
for a term expiring March 1, 2003:
John T. Salazar, of Manassa, Colorado, to serve as
a Democrat from the Third Agricultural District, appointed;
Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under
Natural consideration and has had a hearing on the following appointments and recommends that
Resources the appointments be confirmed:
And Energy
COLORADO WATER RESOURCES
AND POWER DEVELOPMENT AUTHORITY
for terms expiring October 1, 2002:
Richard S. Pryor of Grand Junction, Colorado, to
serve as a representative from the main Colorado Drainage Basin
and as a Republican, appointed;
Steven C. Harris of Durango, Colorado, to serve as
a representative from the San Miguel- Dolores-San Juan Drainage
Basin experienced in the planning and developing of water projects
and as a Democrat, appointed;
Finance The Committee on Finance has had under consideration
and has had a hearing on the following appointments and recommends
that the appointments be confirmed:
COLORADO HOUSING AND FINANCE AUTHORITY
for terms effective July 1, 1999, expiring July 1,
2003:
Nancy McCallin of Parker, Colorado, to serve as a
public member, replacing the Honorable Janet Gehlhausen, appointed;
Jeffrey D. Roemer of Littleton, Colorado, to serve
as a public member, replacing Michael J. Rock, appointed;
John R. Davidson of Littleton, Colorado, to serve
as a public member, replacing Carolyn D. Love, appointed.
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the
Whole: HB99-1354
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the
Whole: HB99-1333
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the
Whole: HB99-1323
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the
Whole: HB99-1306
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the
Whole: HB99-1279
Approp- After consideration on the merits, the committee recommends that HB99-1278 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 2, strike lines 18 through
23.
Strike pages 3 through 9.
Page 10, strike lines 1 through 6.
Renumber succeeding section accordingly.
Page 1, line 102, strike "JUDGES, AND MAKING"
and substitute "JUDGES.";
strike line 103.
Approp- After consideration on the merits, the committee recommends that HB99-1270 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 13, line 7, strike "forty-one
thousand six hundred sixty-nine" and substitute "forty
thousand sixty-one";
line 8, strike "($41,669)" and substitute
"($40,061)";
line 9, strike "fifteen thousand nine hundred";
line 10, strike "seventeen dollars ($15,917)"
and substitute "fifteen thousand eight hundred nine dollars
($15,809)";
line 11, strike "twenty-";
line 12, strike "five thousand seven hundred
fifty-two dollars ($25,752)" and substitute "twenty-four
thousand two hundred fifty-two dollars ($24,252)".
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the
Whole: HB99-1223
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the
Whole: HB99-1222
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the
Whole: HB99-1211
Approp- After consideration on the merits, the committee recommends that HB99-1208 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 the
Senate Journal, April 20, page 873, after line 22, insert the
following:
"Page 11, strike lines 2 through 16 and insert
the following:
"SECTION 2. Appropriation - adjustments 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 law, for
the fiscal year beginning July 1, 1999, the sum of twenty-seven
thousand six hundred forty-eight dollars ($27,648) and 0.5 FTE,
or so much thereof as may be necessary, for the implementation
of this act.
(2) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the general
fund not otherwise appropriated, to the department of revenue,
for the fiscal year beginning July 1, 1999, the sum of one hundred
forty thousand eight hundred forty dollars ($140,840), or so much
thereof as may be necessary, for the implementation of this act.
(3) 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
one hundred sixty-eight thousand four hundred eighty-eight dollars
($168,488).
(b) The capital construction fund exempt appropriation
to the department of transportation, construction projects, is
reduced by one hundred sixty-eight thousand four hundred eighty-eight
dollars ($168,488).".".
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the
Whole: HB99-1168
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the
Whole: HB99-1166
Approp- After consideration on the merits, the committee recommends that HB99-1146 be
riations amended as follows and, as so amended, be
referred favorably to the Committee of the Whole with favorable
recommendation:
Amend reengrossed bill, page 16, line 17, after "department,"
insert "trial courts, for mandated costs,".
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the
Whole: HB99-1116
Approp- After consideration on the merits, the committee recommends that HB99-1115 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, line 24, strike "the
final fiscal" and substitute "House Bill 99-1168 is
enacted at the First Regular Session of the Sixty-second General
Assembly and becomes law.";
strike lines 25 and 26.
Page 4, strike lines 1 and 2.
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the
Whole: HB99-1095
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the
Whole: HB99-1018
Approp- After consideration on the merits, the committee recommends that HB99-1235 be
riations amended as follows and, as so amended, be
referred favorably to the Committee of the Whole with favorable
recommendation:
Amend the Judiciary Committee amendment, as printed
in the Senate Journal, April 23, page 918, line 12, strike "C.R.S."."
and substitute "C.R.S.";
after line 12, insert the following:
"SECTION 7. Appropriation. In addition
to any other appropriation, there is hereby appropriated, out
of any moneys remaining in the statewide instant background check
cash fund, not otherwise appropriated, for the fiscal year beginning
July 1, 1999, the sum of three hundred thirty-eight thousand eight
hundred sixty dollars ($338,860) and 2.0 FTE, or so much thereof
as may be necessary, for the implementation of this act. Of such
sum, two thousand nine hundred fifty dollars ($2,950), or so much
thereof as may be necessary, is appropriated to the judicial department
for allocation to probation and related services; and three hundred
thirty-five thousand nine hundred ten dollars ($335,910) and 2.0
FTE, or so much thereof as may be necessary, is appropriated to
the department of public safety for allocation to the Colorado
bureau of investigation. Said sum shall come from moneys remaining
in the statewide instant background check cash fund created in
section 12-26.5-107, Colorado Revised Statutes, that are no longer
needed because of the repeal of the statewide instant criminal
background check system.
SECTION 8. Effective date - applicability. This act shall take effect July 1, 1999, and shall apply to offenses committed on or after said date.";
strike lines 2 through 22.
Renumber succeeding section accordingly.
Page 1, line 101, strike "OFFENSES." and
substitute "OFFENSES, AND MAKING AN APPROPRIATION THEREFOR.".";
strike lines 14 through 23.
MESSAGES FROM THE HOUSE:
April 26, 1999
Mr. President:
The House has passed on Third Reading and transmitted
to the Revisor of Statutes HB99-1369 and 1377.
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1348, amended as printed in House Journal, April 23, page 1406;
HB99-1371, amended as printed in House Journal, April
23, page 1407.
In response to the request of the Senate, the Speaker
has appointed Representatives Taylor, chairman, Kester, and Miller
as House conferees on the First Conference Committee on SB99-099.
April 26, 1999
Mr. President:
The House has adopted and transmits herewith HJR99-1052, as printed in House
Journal, April 15, pages 1280-1281.
MESSAGE FROM THE REVISOR
April 26, 1999
We herewith transmit:
without comment, HB99-1369 and 1377; and,
without comment, as amended, HB99-1348 and 1371.
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
SB 99-235 by Senator Powers; also Representative George--Concerning the disposition of excess state highway right-of-way by the department of transportation to certain qualified tax-exempt entities.
Transportation
Appropriations
SB 99-236 by Senators Wham, Arnold, Phillips, Lacy, Owen, and Tanner; also Representatives Lawrence, Larson, Veiga, Tool, Berry, and Saliman--Concerning capital projects at the university of Colorado health sciences center, and making appropriations in connection therewith.
Appropriations
HB 99-1348 by Representatives May, George, Dean, Young, Hagedorn, Hefley, Hoppe, Kester, Larson, Lawrence, McElhany, McKay, Paschall, Sinclair, Smith, Spradley, Swenson, Taylor, Tool, T. Williams, and Witwer; also Senators Teck, Powers, Blickensderfer, Feeley, Congrove, and Hillman--Concerning the communications and information technology committee, and making an appropriation in connection therewith.
Finance
Appropriations
HB 99-1369 by Representatives Scott, Clapp, King, May, Mitchell, Nunez, Sinclair, Smith, Witwer, Dean, Gordon, Gotlieb, Kaufman, Kester, Mace, and Paschall; also Senators Lacy and Congrove--Concerning the authority of the state treasurer to issue state pension obligation notes for purposes of paying in one lump sum the state's share of the unfunded liability of certain state-assisted firefighters' and police officers' old hire pension plans.
State, Veterans, & Military Affairs
Appropriations
HB 99-1371 by Representative T. Williams; also Senator Owen--Concerning the sale of an individual health benefit plan to a business group of one self-employed applicant.
Business Affairs & Labor
HB 99-1377 by Representatives Plant, Grossman, Bacon, Gagliardi, Kaufman, Kester, Mace, Miller, Ragsdale, Scott, Sinclair, Tochtrop, Vigil, and Zimmerman; also Senator Feeley--Concerning the addition of veterans' organizations registered under section 501 (c) (19) of the "Internal Revenue Code of 1986", as amended, that sponsor a special event, meeting, or other function in the state of Colorado to the definition of charitable organization for purposes of the sales and use tax exemption.
State, Veterans, & Military Affairs
Appropriations
INTRODUCTION OF RESOLUTION
The following resolution was read by title:
HJR 99-1052 by Representative Mace; also Senator
Hernandez--Concerning National Civility Week.
Laid over one day under Senate Rule 30(e), and placed on the calendar of Tuesday,
April 27.
SIGNING OF BILLS
The President has signed: SB99-216.
The President has signed: HB99-1132.
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON HB991188
*****************************
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 HB991188,
concerning procedures related to adoption, has met and reports
that it has agreed upon the following:
1. That the House accede to the Senate amendments
made to the bill, as said amendments appear in the rerevised bill,
with the following changes:
Amend rerevised bill, page 8, strike lines 20 through
24 and substitute the following:
"ADOPTEE'S ADOPTIVE GRANDPARENT, AN ADULT DESCENDANT
OF AN ADULT ADOPTEE OR THE ADOPTIVE PARENT, AN ADOPTEE'S LEGAL
GUARDIAN, AN ADOPTEE'S SPOUSE, OR THE LEGAL REPRESENTATIVE OF
ANY SUCH INDIVIDUAL. NO".
Page 10, strike lines 14 through 18 and substitute
the following:
"ADOPTIVE GRANDPARENT, AN ADULT DESCENDANT OF
AN ADULT ADOPTEE OR THE ADOPTIVE PARENT, AN ADOPTEE'S LEGAL GUARDIAN,
AN ADOPTEE'S SPOUSE, OR THE LEGAL REPRESENTATIVE OF ANY SUCH INDIVIDUAL
SHALL BE ALLOWED".
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 5, line 9, strike "(b)
(I)," and substitute "(b), (2),";
line 10, strike "amended" and substitute
"amended, and the said 195304 is further amended
BY THE ADDITION OF A NEW SUBSECTION,";
line 17, after "GRANDPARENT,", insert "ADULT"
and after "AN", insert "ADULT";
after line 20, insert the following:
"(II) Available, subject to time
constraints, for appointment by the court to act as a confidential
intermediary for an adult adoptee, adoptive parent OR GRANDPARENT,
biological parent OR GRANDPARENT, ADULT biological sibling or
halfsibling OF AN ADULT ADOPTEE, ADULT DESCENDANT OF THE
ADOPTEE OR THE ADOPTIVE PARENT, LEGAL GUARDIAN OF AN ADOPTEE,
SPOUSE OF AN ADOPTEE, ADULT STEPCHILD OF AN ADOPTEE, OR THE LEGAL
REPRESENTATIVE OF ANY SUCH INDIVIDUAL.
(2) Any adult adoptee, adoptive parent
OR GRANDPARENT, biological parent OR GRANDPARENT, ADULT biological
sibling or halfsibling who is
OF AN ADULT ADOPTEE, ADULT DESCENDANT OF THE ADOPTEE OR THE ADOPTIVE
PARENT, LEGAL GUARDIAN OF AN ADOPTEE, SPOUSE OF AN ADOPTEE, OR
ADULT STEPCHILD OF AN ADOPTEE, ANY OF WHOM ARE eighteen years
of age or older, OR THE LEGAL REPRESENTATIVE OF ANY SUCH INDIVIDUAL
may file a motion, with supporting affidavit, in the court where
the adoption took place, to appoint one or more confidential intermediaries
for the purpose of determining the whereabouts of his
or her SUCH INDIVIDUAL'S unknown
relative or relatives; except that no one shall seek to determine
the whereabouts of a relative who is younger than eighteen years
of age. The court may rule on said motion and affidavit without
hearing and may appoint a trained confidential intermediary.
(2.5) FOR PURPOSES OF PARAGRAPH (b) OF
SUBSECTION (1) OF THIS SECTION AND SUBSECTION (2) OF THIS SECTION,
"LEGAL GUARDIAN" SHALL NOT INCLUDE A GOVERNMENTAL
ENTITY OF ANY FOREIGN COUNTRY FROM WHICH A CHILD HAS BEEN ADOPTED.".
Page 7, line 6, after "(I)", insert "(A)";
line 7, strike "ADOPTIONS AND" and substitute
"ADOPTIONS,";
line 8, strike "EXCEPT AS PROVIDED IN SECTION
195306,";
line 15, after the second "AN", insert
"ADULT";
after line 23, insert the following:
"(B) FOR PURPOSES OF SUBSUBPARAGRAPH
(A) OF THIS SUBPARAGRAPH (I), "LEGAL GUARDIAN"
SHALL NOT INCLUDE A GOVERNMENTAL ENTITY OF ANY FOREIGN COUNTRY
FROM WHICH A CHILD HAS BEEN ADOPTED.".
Page 8, strike lines 13 and 14 and substitute the
following:
"COPYING BY AN ADULT ADOPTEE, AN ADULT ADOPTIVE
PARENT, OR THE LEGAL REPRESENTATIVE OF ANY SUCH".
Page 9, strike lines 1 through 5 and substitute the
following:
"(B) FOR PURPOSES OF SUBSUBPARAGRAPH
(A) OF THIS SUBPARAGRAPH (I), "LEGAL GUARDIAN"
SHALL NOT INCLUDE A GOVERNMENTAL ENTITY OF ANY FOREIGN COUNTRY
FROM WHICH A CHILD HAS BEEN ADOPTED.";
strike lines 22 through 25 and substitute the following:
"CONTACT BY AN ADULT ADOPTEE, AN ADULT ADOPTIVE
PARENT, OR AN ADULT DESCENDANT OF THE ADOPTEE OR THE ADOPTIVE
PARENT WITH A BIRTH PARENT OR BIOLOGICAL RELATIVE MAY BE ATTEMPTED
AT ANY TIME".
Page 10, after line 6, insert the following:
"(III) FOR ADOPTIONS FINALIZED ON
OR AFTER SEPTEMBER 1, 1999, A BIRTH PARENT SHALL HAVE ACCESS TO
ADOPTION RECORDS AND CONTACT WITH THE ADOPTEE OR THE ADOPTIVE
FAMILY AS OTHERWISE PROVIDED BY LAW.";
line 7, after "(c)", insert "(I)";
line 10, strike "ADOPTEE, ADULT";
strike lines 11 and 12 and substitute the following:
"ADOPTEE, THE ADULT ADOPTIVE PARENT, OR THE
LEGAL REPRESENTATIVE OF ANY SUCH INDIVIDUAL, SHALL BE ALLOWED";
after line 20, insert the following:
"(II) FOR PURPOSES OF SUBPARAGRAPH
(I) OF THIS PARAGRAPH (c), "LEGAL GUARDIAN"
SHALL NOT INCLUDE A GOVERNMENTAL ENTITY OF ANY FOREIGN COUNTRY
FROM WHICH A CHILD HAS BEEN ADOPTED.".
Page 13, strike lines 8 through 26.
Page 14, strike lines 1 through 19;
line 20, strike "195307."
and substitute "195306.".
Page 15, line 4, strike "SECTIONS 195305
AND" and substitute "SECTION 195305.";
line 5, strike "195306.".
Respectfully submitted,
House Committee: Senate Committee:
(Signed) (Signed)
Rep. Lynn C. Hefley, Chair Sen. Dottie Wham, Chair
Rep. William G. Kaufman Sen. John Evans
Rep. Fran Coleman Sen. Doug Linkhart
TRIBUTE -- A POINT OF INTEREST
Honoring the Meeker Lions Club -- by Senator Wattenberg
On motion of Senator Blickensderfer, the Senate adjourned
until 8:00 a.m., Tuesday, April 27, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate