This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

111th Legislative Day Monday, April 26, 1999


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