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SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

112^th Legislative Day Tuesday, April 27, 1999

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

Order

Prayer By the chaplain, Rev. Glen Hamlyn, Rocky Mountain Cathedral.

Roll Call Present--Total, 26.

Absent/Excused--Andrews, Dyer, Lacy, Lamborn, Martinez, Rupert, Tanner, Tebedo, Weddig--Total, 9.

Present later--Andrews, Dyer, Lacy, Lamborn, Martinez, Rupert, Tanner, Tebedo, Weddig.

Quorum The President announced a quorum present.

Reading of On motion of Senator Sullivant, reading of the Journal of April 26^th was

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

______________________________

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 General Orders--Second Reading of Bills.

______________________________

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

of the for consideration of General Orders and Senator Musgrave 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 99-1350 by Rep. McPherson; Senator Blickensderfer--Public Defender Conflicts Of Interest

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

HB 99-1349 by Rep. George; Senator Teck--Architect's License Number Use

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

HB 99-1344 by Representatives King; Senator Teck--Concerning the calculation of amounts transferred from a life insurer to a beneficiary or policyholder.

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, April 23, page 920.)

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

HB 99-1110 by Rep. Fairbank; Sen. Thiebaut--Fair Campaign Practices Act

Laid over until Wednesday, April 28, retaining its place on the calendar.

HB 99-1260 by Rep. Tool; Senator Anderson--Sex Offenders

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, April 23, page 907.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 23, page 941.)

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

HB 99-1237 by Rep. Pfiffner; Senator Andrews--Elim State Income Tax On Capital Gains

Laid over until the next Special Orders calendar of April 27, retaining its place at the end of the calendar.

HB 99-1337 by Rep. Hagedorn ; Senator Teck--Electronic Transactions

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

(Printed in Senate Journal, April 23, pages 919-920.)

Amendment No. 2, by Senator Teck

Amend the committee amendment, as printed in Senate Journal, April 23, page 919, strike lines 13 through 28;

line 30, strike "Page" and substitute "Amend reengrossed bill, page".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see page 973 where the Hillman amendment to the Report

of the Committee of the Whole was adopted and the Teck floor amendment to

HB99-1337, as amended, was declared lost.)

HB 99-1313 by Rep. Alexander; Senator Teck--Wildlife Commission Operation

Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment

(Printed in Senate Journal, April 22, page 902.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 23, page 942.)

Amendment No. 3, by Senator Wattenberg

Amend reengrossed bill, page 2, line 2, strike "and (7)," and substitute "(7), and (9),".

Page 4, after line 22, insert the following:

"(9) (a) The division AND the office of director thereof ~~and the commission~~ shall exercise their powers and perform their duties and functions specified in articles 1 to 6 of this title under the department of natural resources and the executive director thereof as if the same were transferred to the department by a ~~type 1~~ TYPE 2 transfer as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.

(b) THE COMMISSION SHALL EXERCISE ITS POWERS AND PERFORM ITS DUTIES AND FUNCTIONS SPECIFIED IN ARTICLES 1 TO 6 OF THIS TITLE UNDER THE DEPARTMENT OF NATURAL RESOURCES AND THE EXECUTIVE DIRECTOR THEREOF AS IF THE SAME WERE TRANSFERRED TO THE DEPARTMENT BY A TYPE 1TRANSFER AS SUCH TRANSFER IS DEFINED IN THE "ADMINISTRATIVE ORGANIZATION ACT OF 1968", ARTICLE 1 OF TITLE 24, C.R.S.".

Page 5, before line 18, insert the following:

"SECTION 2. 241124 (3) (h) (I), Colorado Revised Statutes, is amended to read:

241124. Department of natural resources creation divisions repeal. (3) The department of natural resources shall consist of the following divisions:

(h) (I) (A) Division of wildlife, the head of which shall be the director of the division of wildlife. The division of wildlife AND the office of director thereof ~~and the wildlife commission, created by article 1 of title 33, C.R.S., and the powers, duties, and functions thereof concerning game and fish~~ are transferred by a ~~type 1~~ TYPE 2 transfer to the department of natural resources as the division of wildlife.

(B) THE WILDLIFE COMMISSION, CREATED BY ARTICLE 1 OF TITLE 33, C.R.S., AND THE POWERS, DUTIES, AND FUNCTIONS THEREOF CONCERNING GAME AND FISH ARE TRANSFERRED BY A TYPE 1 TRANSFER TO THE DEPARTMENT OF NATURAL RESOURCES AS THE WILDLIFE COMMISSION.

Renumber succeeding sections accordingly.

Amendment No. 4, by Senator Teck

Amend reengrossed bill, page 2, strike lines 3 and 4 and substitute the following:

"Statutes, are amended to read:".

Page 4, strike lines 23 through 26.

Page 5, strike lines 1 through 17.

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

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

Laid over until the next Special Orders calendar, April 27, retaining its place at the end calendar.

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.

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 99-1337 by Rep. Hagedorn ; Senator Teck--Electronic Transactions

Senator Hillman moved to amend the Report of the Committee of the Whole to show

that the Teck floor amendment, printed in Senate Journal, April 27, page 972, made to HB99-1337, as amended, did not pass.

The motion was ADOPTED by the following roll call vote:

YES 20

NO 12

EXCUSED 2

ABSENT 1

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
Y
Tebedo
E

Arnold
Y
Hernandez
Y
Owen
Y
Teck
N

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
A

Chlouber
Y
Lacy
E
Perlmutter
Y
Wattenberg
N

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
N

Dyer
Y
Martinez
Y
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 Musgrave, 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:

HB99-1350, 99-1349 declared passed on Second Reading

HB99-1344 as amended, 99-1260 as amended, 99-1337 as amended, 99-1313 as amended,

declared passed on Second Reading.

HB99-1110 laid over until Wednesday, April 28, retaining its place on the calendar.

HB99-1237, 99-1280, laid over until the next Special Orders calendar of Tuesday,

April 27.

_________________________

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, HB99-1354, 99-1333, 99-1323, 99-1306, 99-1279, 99-1278, 99-1270, 99-1223, 99-1222, 99-1211, 99-1208, 99-1168, 99-1166, 99-1146, 99-1116, 99-1115, 99-1095, 99-1018, 99-1235, 99-1237, 99-1280 were made Special Orders at 9:08 a.m.

__________________________

Committee The hour of 9:08 a. m. having arrived, Senator Musgrave moved that the Senate resolve

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

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

SPECIAL ORDERS--SECOND READING OF BILLS--9:08 A. M.

HB 99-1333 by Rep. Alexander; Senator Epps--Create Western Slope State Vets Cemetery

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

(Printed in Senate Journal, April 22, page 884.)

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

HB 99-1306 by Rep. Morrison; Sen. Wham--Independent Health Insurance Review

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

(Printed in Senate Journal, April 23, pages 939-940.)

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

HB 99-1279 by Rep. Hagedorn; Senator Dennis--Persistent Drunk Drivers

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 19, pages 535-536.)

As amended, laid over until the next Special Orders calendar of April 27.

HB 99-1354 by Rep. Sinclair; Senator Owen--Contrib World War II Memorial

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

HB 99-1278 by Rep. T. Williams; Senator Lamborn--Administrative Hearing Procedures

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 26, page 963.)

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

HB 99-1270 by Rep. Spradley; Senator Musgrave--Reqs For Manufactured Home Sellers

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, April 20, page 873.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 26, page 964.)

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

HB 99-1223 by Rep. Lawrence; Senator Wham--Employment With Vulnerable Persons

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, April 23, page 918.)

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

HB 99-1222 by Rep. Young; Senator Musgrave--Denver Basin Aquifer Well Pumping

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

HB 99-1211 by Rep. Kaufman; Senator Phillips--Additional County Court Judges

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

HB 99-1208 by Rep. Gordon; Senator Reeves--Nonsettling Tobacco Manufacturers

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, April 20, page 873.)

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 26, page 964.)

As amended, declared LOST on Second Reading. (For further action, see page

977 where the Reeves amendment to the Report of the Committee of the Whole was adopted, and HB99-1208, as amended, was ordered revised and placed on the calendar for Third Reading and Final Passage.)

HB 99-1168 by Rep. Kaufman; Senator Wham--Substantive Criminal Law Changes

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, April 23, pages 908-909, except for that portion printed on

page 908, lines 32 through 72 and page 909, lines 1 through 57 which were declared

LOST on Second Reading.)

Amendment No. 2, by Senator Wham

Amend reengrossed bill, page 16, strike lines 3 through 10 and substitute the following:

"1818406.5. Unlawful use of marihuana in a detention facility. (1) ANY PERSON CONFINED IN ANY DETENTION FACILITY IN THIS STATE WHO POSSESSES OR USES UP TO EIGHT OUNCES OF MARIHUANA COMMITS A CLASS 6 FELONY; EXCEPT THAT, IF THE PERSON COMMITS A SECOND OR SUBSEQUENT VIOLATION WHERE BOTH THE INITIAL AND SUBSEQUENT VIOLATIONS INVOLVED MORE THAN ONE OUNCE OF MARIHUANA, THE PERSON COMMITS A CLASS 5 FELONY.

(2) ANY PERSON CONFINED IN ANY DETENTION FACILITY IN THIS STATE WHO POSSESSES OR USES EIGHT OUNCES OR MORE OF MARIHUANA SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 1818406 (4) (b).";

line 11, strike "(2)" and substitute "(3)";

strike lines 20 through 22 and substitute the following:

"as is otherwise provided for offenses concerning marihuana and marihuana concentrate in ~~section 1818406,~~ SECTIONS 1818406 AND 1818406.5, any person who uses any controlled substance,".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see page 977 where the Perlmutter amendment to the Report of the Committee of the Whole was adopted and HB99-1168 was amended by the Perlmutter amendment to HB99-1168.)

HB 99-1116 by Rep. Keller; Senator Arnold--Services For Mentally Ill Children

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

(Printed in Senate Journal, April 22, page 901.)

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

Senate in recess.

Senate reconvened.

HB 99-1166 by Rep. Tochtrop; Senator Wham--Personal Needs Funding In Nursing Facil

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

HB 99-1146 by Rep. Keller; Senator Wham--Adoption & Safe Families

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 26, page 965.)

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

HB 99-1095 by Rep. Tupa; Senator Arnold--Criminalizing Use Of Date Rape Drugs

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, April 22, page 902.)

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

HB 99-1235 by Rep. Veiga; Senator Wham--DNA Testing Of All Convicts

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, April 23, pages 917-918.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 26, pages 965-966.)

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

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

(State, Veterans, and Military Affairs Committee Amendment as

printed in Senate Journal, April 9, pages 727-728, declared LOST on

Second Reading.)

Amendment No. 1, by Senator Sullivant and Perlmutter

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

"SECTION 1. 2468103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

2468103. Vested property right establishment. (1.5) (a) EFFECTIVE JANUARY 1, 2000, IF A LOCAL GOVERNMENT HAS NOT ADOPTED AN ORDINANCE OR RESOLUTION PURSUANT TO SECTION 2468102 (4), SPECIFYING WHAT CONSTITUTES A SITE SPECIFIC DEVELOPMENT PLAN THAT WOULD TRIGGER A VESTED PROPERTY RIGHT, THEN RIGHTS SHALL VEST UPON THE APPROVAL OF ANY PLAN, PLAT, DRAWING, OR SKETCH, HOWEVER DENOMINATED, THAT IS SUBSTANTIALLY SIMILAR TO ANY PLAN, PLAT, DRAWING, OR SKETCH LISTED IN SECTION 2468102 (4).

(b) THE NOTICE OF ANY HEARING CONCERNING THE APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN SHALL INCLUDE A CONSPICUOUS STATEMENT THAT RIGHTS SHALL VEST UPON APPROVAL OF THE PLAN.

SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

As amended, laid over until the next Special Orders calendar of April 27, retaining its place on the calendar.

AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 99-1208 by Rep. Gordon; also Senator Reeves--Nonsettling Tobacco Manufacturers

Senator Reeves moved to amend the Report of the Committee of the Whole to show

that HB99-1208, as amended, did pass.

The motion was ADOPTED by the following roll call vote:

YES 22

NO 13

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
Y
Hernandez
Y
Owen
Y
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
N

Chlouber
N
Lacy
Y
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
N
Matsunaka
Y
Sullivant
N

HB99-1208 as amended, declared passed on Second Reading.

HB 99-1168 by Rep. Kaufman; Senator Wham--Substantive Criminal Law Changes

Senator Perlmutter moved to amend the Report of the Committee of the Whole to show

that the following Perlmutter amendment made to HB99-1168, as amended, did pass:

Amend reengrossed bill, page 16, strike line 26.

Page 17, strike lines 1 through 6.

Renumber succeeding sections accordingly.

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Musgrave, 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:

HB99-1354, 99-1222, 99-1211, 99-1166 declared passed on Second Reading.

HB99-1333 as amended, 99-1306 as amended, 99-1278 as amended, 99-1270 as amended,

99-1223 as amended, 99-1208 as amended, 99-1168 as amended, 99-1116 as amended,

99-1146 as amended, 99-1095 as amended, 99-1235 as amended, declared passed on

Second Reading.

HB99-1279 as amended, 99-1280 as amended, laid over until the next Special Orders calendar of April 27, retaining its place.

HB99-1237, 99-1323, 99-1115, 99-1018 laid over until the next Special Orders calendar

of April 27, retaining their place.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

COMMITTEE OF REFERENCE REPORT

Approp- After consideration on the merits, the committee recommends that SB99-132 be

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

Amend the Health, Environment, Welfare, and Institutions Committee Amendment, as printed in Senate Journal, February 15, page 277, after line 19, insert the following:

"Page 16, line 20, strike "AGREEMENT." and substitute "AGREEMENT IN THE AMOUNT DESCRIBED IN PARAGRAPH (d) OF THIS SUBSECTION (2).".

Page 17, after line 11, insert the following:

"(d) FOR THE 200001 FISCAL YEAR, THE GENERAL ASSEMBLY SHALL APPROPRIATE TO THE FUND TWO PERCENT OF THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THE PRECEDING FISCAL YEAR. BEGINNING WITH THE 200102 FISCAL YEAR AND FOR EACH FISCAL YEAR THEREAFTER UNTIL THE 200910 FISCAL YEAR, THE GENERAL ASSEMBLY SHALL INCREASE THE AMOUNT APPROPRIATED TO THE FUND BY TWO PERCENT PER FISCAL YEAR. FOR THE 200910 FISCAL YEAR AND FOR EACH FISCAL YEAR THEREAFTER SO LONG AS THE STATE RECEIVES MONEYS PURSUANT TO THE MASTER SETTLEMENT AGREEMENT, THE GENERAL ASSEMBLY SHALL APPROPRIATE TO THE FUND TWENTY PERCENT OF THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THE PRECEDING FISCAL YEAR.".";

strike lines 21 and 22 of the journal, and substitute the following:

"Page 19, line 23, strike "A NEW SUBSECTION" and substitute "THE FOLLOWING NEW SUBSECTIONS";

strike lines 25 and 26 and substitute the following:

"200001, THE GENERAL ASSEMBLY SHALL APPROPRIATE TO THE TRUST FROM THE MONEYS ANNUALLY RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT UP TO THIRTY PERCENT OF THE TOTAL AMOUNT RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THE PRECEDING FISCAL YEAR AS NECESSARY TO PROVIDE SERVICES TO ALL ENROLLEES AND TO PROVIDE THE AMOUNT NECESSARY FOR APPROPRIATION PURSUANT TO SUBSECTION (6) OF THIS SECTION.

(6) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, BEGINNING IN FISCAL YEAR 200001, THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING FROM THE MONEYS RECEIVED BY THE TRUST PURSUANT TO SUBSECTION (2.5) OF THIS SECTION AN AMOUNT EQUAL TO THE COST OF PROVIDING MEDICAID SERVICES TO CHILDREN IDENTIFIED AS BEING ELIGIBLE FOR MEDICAID SERVICES AS A RESULT OF THE EXPANSION OF THE CHILDREN'S BASIC HEALTH PLAN THAT OCCURS AS A RESULT OF THE RECEIPT OF MONEYS FROM THE MASTER SETTLEMENT AGREEMENT.".";

line 24 of the journal, strike "after line 1, insert" and substitute "strike line 1 and substitute";

strike lines 51 through 72 of the journal and substitute the following:

"Page 20, strike line 2 and substitute the following:

"SECTION 9. 264508 (3) (a) (I), (3) (a) (II) (A), and (3) (c) (I), Colorado Revised";

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

after line 8, insert the following:

"(I) Such individual's family income shall exceed the eligibility threshold used in determining eligibility for aid to families with dependent children assistance pursuant to rules in effect on July 16, 1996, but shall not exceed the equivalent of the percentage level of the federal poverty line that is specified pursuant to paragraph (b) of this subsection (3) AND SUCH INDIVIDUAL'S RESOURCES SHALL NOT EXCEED THE RESOURCE ELIGIBILITY STANDARDS APPLICABLE TO THE COLORADO WORKS PROGRAM UNDER SECTION 262706 (2);";

after line 15, insert the following:

"(c) (I) On and after July 1, 1991, children born after September 30, 1983, who have attained age six but have not attained age nineteen shall be eligible for benefits under the baby and kid care program; except that, for the purpose of eligibility under this paragraph (c) only, such individual's family income shall exceed the eligibility threshold used in determining eligibility for aid to families with dependent children assistance pursuant to rules in effect on July 16, 1996, but shall not exceed the equivalent of the percentage level of the federal poverty line that is specified pursuant to subparagraph (II) of this paragraph (c) AND SUCH INDIVIDUAL'S RESOURCES SHALL NOT EXCEED THE RESOURCE ELIGIBILITY STANDARDS APPLICABLE TO THE COLORADO WORKS PROGRAM UNDER SECTION 262706 (2).";

line 16, strike "(f)," and substitute "(f) and (1) (o)" and strike "is" and substitute "are".

Page 21, after line 8, insert the following:

"(o) Lowincome pregnant women, and children through the age of six, whose income is at or below a certain percentage of the federal poverty level as determined by the federal government AND WHOSE RESOURCES DO NOT EXCEED THE RESOURCE STANDARDS USED TO DETERMINE ELIGIBILITY FOR THE COLORADO WORKS PROGRAM AS SPECIFIED IN SECTION 262706 (2).";

strike lines 9 through 26.

Strike pages 22 and 23.".

Page 278 of the journal, strike lines 1 through 4;

line 8 of the journal, strike "13." and substitute "11.";

line 26 of the journal, strike "14." and substitute "12.";

line 41 of the journal, strike "15." and substitute "13.";

after line 61 of the journal, insert the following:

"Page 25, strike lines 10 through 12, and substitute the following:

"(II) THE LESSER OF FIVE MILLION DOLLARS OR FIVE PERCENT OF THE TOTAL AMOUNT RECEIVED BY THE STATE IN THE PRECEDING FISCAL YEAR PURSUANT TO THE MASTER SETTLEMENT AGREEMENT, THE SMOKELESS TOBACCO MASTER SETTLEMENT AGREEMENT, AND THE CONSENT DECREE APPROVED AND ENTERED BY THE COURT IN THE CASE DENOMINATED STATE OF COLORADO, EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.; THE COUNCIL FOR TOBACCO RESEARCHU.S.A., INC.; AND TOBACCO INSTITUTE, INC., CASE NO. 97 CV 3432, IN THE DISTRICT COURT FOR THE CITY AND COUNTY OF DENVER, SUCH AMOUNT TO BE APPROPRIATED ANNUALLY BEGINNING WITH THE 200001 FISCAL YEAR; AND".

Page 27, after line 16, insert the following:

"(7) "MASTER SETTLEMENT AGREEMENT" MEANS THE MASTER SETTLEMENT AGREEMENT, THE SMOKELESS TOBACCO MASTER SETTLEMENT AGREEMENT, AND THE CONSENT DECREE APPROVED AND ENTERED BY THE COURT IN THE CASE DENOMINATED STATE OF COLORADO, EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.; THE COUNCIL FOR TOBACCO RESEARCHU.S.A., INC.; AND TOBACCO INSTITUTE, INC., CASE NO. 97 CV 3432, IN THE DISTRICT COURT FOR THE CITY AND COUNTY OF DENVER.".

Renumber succeeding subsections accordingly.".

Page 279 of the journal, line 25, change the period to a semicolon;

after line 25 of the journal, insert the following:

"strike lines 11 through 22 and substitute the following:

"ARTICLE. BEGINNING WITH THE 200001 FISCAL YEAR AND FOR EACH FISCAL YEAR THEREAFTER IN WHICH THE STATE RECEIVES MONEYS PURSUANT TO THE MASTER SETTLEMENT AGREEMENT, THE GENERAL ASSEMBLY SHALL APPROPRIATE TO THE FUND EIGHT PERCENT OF THE TOTAL AMOUNT RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THE PRECEDING FISCAL YEAR.";

line 23, strike "FUND.".";

line 33 of the journal, change the period to a semicolon;

after line 33 of the journal, insert the following:

"strike lines 23 through 26 and substitute the following:

"GENERAL ASSEMBLY PURSUANT TO PARAGRAPH (d) OF THIS SUBSECTION (2.5).".

Page 40, strike lines 1 through 7;

after line 21, insert the following:

"(d) BEGINNING WITH THE 200001 FISCAL YEAR AND FOR EACH FISCAL YEAR THEREAFTER IN WHICH THE STATE RECEIVES MONEYS PURSUANT TO THE MASTER SETTLEMENT AGREEMENT, THE SMOKELESS TOBACCO MASTER SETTLEMENT AGREEMENT, AND THE CONSENT DECREE APPROVED AND ENTERED BY THE COURT IN THE CASE DENOMINATED STATE OF COLORADO, EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.; THE COUNCIL FOR TOBACCO RESEARCHU.S.A., INC.; AND TOBACCO INSTITUTE, INC., CASE NO. 97 CV 3432, IN THE DISTRICT COURT FOR THE CITY AND COUNTY OF DENVER, REFERRED TO IN THIS PARAGRAPH (d) AS THE "MASTER SETTLEMENT AGREEMENT", THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE FOR GRANTS TO PUBLIC PROGRAMS PURSUANT TO THIS SUBSECTION (2.5) THE LESSER OF FIVE MILLION DOLLARS OR FIVE PERCENT OF THE TOTAL AMOUNT RECEIVED BY THE STATE IN THE PRECEDING FISCAL YEAR PURSUANT TO THE MASTER SETTLEMENT AGREEMENT.".

Page 44, line 4, strike everything after the period;

strike lines 5 through 8 and substitute the following:

"BEGINNING WITH THE 200001 FISCAL YEAR AND FOR EACH FISCAL YEAR THEREAFTER IN WHICH THE STATE RECEIVES MONEYS PURSUANT TO THE MASTER SETTLEMENT AGREEMENT, THE GENERAL ASSEMBLY SHALL APPROPRIATE TO THE FUND THE LESSER OF FIVE MILLION DOLLARS OR FIVE PERCENT OF THE TOTAL AMOUNT RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THE PRECEDING FISCAL YEAR. IN ADDITION, THE STATE".

Page 45, after line 7, insert the following:

"SECTION 22. 2320136 (3), Colorado Revised Statutes, is amended, and the said 2320136 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

2320136. Fitzsimons trust fund creation repeal. (1.5) FOR PURPOSES OF THIS SECTION, "MASTER SETTLEMENT AGREEMENT" MEANS THE MASTER SETTLEMENT AGREEMENT, THE SMOKELESS TOBACCO MASTER SETTLEMENT AGREEMENT, AND THE CONSENT DECREE APPROVED AND ENTERED BY THE COURT IN THE CASE DENOMINATED STATE OF COLORADO, EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.; THE COUNCIL FOR TOBACCO RESEARCHU.S.A., INC.; AND TOBACCO INSTITUTE, INC., CASE NO. 97 CV 3432, IN THE DISTRICT COURT FOR THE CITY AND COUNTY OF DENVER.

(3) (a) There is hereby created in the state treasury the university of Colorado health sciences center at Fitzsimons trust fund, referred to in this section as the "Fitzsimons trust fund", the principal of which shall consist of:

(I) Those general fund revenues in excess of the limitation in section 2475201.1 (1) (a) (II), C.R.S., that may be transferred to the capital construction fund as provided in section 2475302 (2), C.R.S., and then appropriated from the capital construction fund to the Fitzsimons trust fund; AND

(II) BEGINNING WITH THE 200001 FISCAL YEAR, AND FOR EACH FISCAL YEAR THEREAFTER SO LONG AS THE STATE RECEIVES MONEYS PURSUANT TO THE MASTER SETTLEMENT AGREEMENT, TWO PERCENT OF THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THE PRECEDING FISCAL YEAR.

(b) The principal and interest of the Fitzsimons trust fund shall not be expended or appropriated for any purpose other than that stated in subsection (5) of this section. The state treasurer may, in the state treasurer's discretion, deposit, redeposit, invest, and reinvest moneys accrued or accruing to the Fitzsimons trust fund in the types of deposits and investments authorized in sections 2436109, 2436112, and 2436113, C.R.S.

SECTION 23. Article 31 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 4

ENFORCEMENT OF TOBACCO SETTLEMENT

2431401. Definitions. AS USED IN THIS PART 4, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1) "SMOKELESS TOBACCO SETTLEMENT" MEANS THE SETTLEMENT AGREEMENT BETWEEN THE STATE OF COLORADO AND VARIOUS DOMESTIC SMOKELESS TOBACCO PRODUCTS MANUFACTURERS, DATED NOVEMBER 23, 1998, WHICH WAS APPROVED BY THE DISTRICT COURT OF THE CITY AND COUNTY OF DENVER AS PART OF A CONSENT DECREE DATED NOVEMBER 25, 1998, IN THE CASE DENOMINATED STATE OF COLORADO, EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.; THE COUNCIL FOR TOBACCO RESEARCHU.S.A., INC.; AND TOBACCO INSTITUTE, INC., CASE NO. 97 CV 3432.

(2) "TOBACCO SETTLEMENT" MEANS THE SETTLEMENT AGREEMENT BETWEEN THE STATE OF COLORADO AND VARIOUS DOMESTIC TOBACCO PRODUCTS MANUFACTURERS, DATED NOVEMBER 23, 1998, WHICH WAS APPROVED BY THE DISTRICT COURT OF THE CITY AND COUNTY OF DENVER AS PART OF A CONSENT DECREE DATED NOVEMBER 25, 1998, IN THE CASE DENOMINATED STATE OF COLORADO, EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.; THE COUNCIL FOR TOBACCO RESEARCHU.S.A., INC.; AND TOBACCO INSTITUTE, INC., CASE NO. 97 CV 3432.

2431402. Enforcement by attorney general. (1) THE GENERAL ASSEMBLY HEREBY FINDS THAT BOTH THE TOBACCO SETTLEMENT AND THE SMOKELESS TOBACCO SETTLEMENT IMPOSE NUMEROUS DUTIES AND OBLIGATIONS ON THE PARTIES TO THOSE SETTLEMENT AGREEMENTS RELATING TO THE MARKETING AND ADVERTISING OF TOBACCO PRODUCTS AND THE PAYMENT OF DAMAGES TO THE STATE. THE GENERAL ASSEMBLY FURTHER FINDS THAT MOST OF THESE DUTIES AND OBLIGATIONS CONTINUE FOR A MINIMUM OF TWENTYFIVE YEARS FROM THE DATES OF THE SETTLEMENT AGREEMENTS. THEREFORE, THE ATTORNEY GENERAL SHALL OVERSEE AND TAKE THE NECESSARY ACTIONS TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE TOBACCO SETTLEMENT AGREEMENT AND THE SMOKELESS TOBACCO SETTLEMENT AGREEMENT, CONSISTENT WITH THE DUTIES AND OBLIGATIONS SET FORTH IN SAID SETTLEMENT AGREEMENTS AND WITH COLORADO LAW.

(2) THE ENFORCEMENT DUTY SPECIFIED IN SUBSECTION (1) OF THIS SECTION IS IN ADDITION TO AND DOES NOT LIMIT THE AUTHORITY OF THE ATTORNEY GENERAL OTHERWISE EXISTING UNDER COMMON LAW OR THE STATUTES OF THIS STATE.

2431403. Funding. THE ATTORNEY GENERAL MAY USE ANY CUSTODIAL FUNDS RECOVERED AS COSTS AND ATTORNEY FEES UNDER THE TOBACCO SETTLEMENT TO OFFSET ANY COSTS INCURRED IN OVERSEEING AND ENFORCING THE TOBACCO SETTLEMENT AGREEMENT AND THE SMOKELESS TOBACCO SETTLEMENT AGREEMENT.".

Renumber succeeding section accordingly.".

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

of the for consideration of Special Orders and Senator Musgrave was called to the Chair to act

Whole as Chairman.

SPECIAL ORDERS--SECOND READING OF BILLS

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

(Amended in Special Orders as printed in Senate Journal, April 27, pages 976 and 977.)

As amended, re-referred to the State, Veterans and Military Affairs Committee.

HB 99-1237 by Rep. Pfiffner; Senator Andrews--Elim State Income Tax On Capital Gains

Amendment No. 1, Finance Committee Amendment

(Printed in Senate Journal, April 22, page 884.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 23, pages 941-942.)

Amendment No. 3, by Senator Andrews

Amend the Appropriations Committee Amendment, as printed in Senate Journal, April 23, 1999, page 941, line 70, strike "20," and substitute "22,";

Page 942, strike line 9 and substitute the following:

"line 20, strike "time." and substitute "time";

strike line 21 and substitute the following:

"commencing on or after ~~June 1, 1994~~ JANUARY 1, 1984.";".

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

HB 99-1323 by Rep. Paschall; Senator Lacy--Unrefunded TABOR Excess Revenues

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

HB 99-1279 by Rep. Hagedorn; Senator Dennis--Persistent Drunk Drivers

(Amended in Special Orders as printed in Senate Journal, April 27, page 974.)

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

HB 99-1115 by Rep. Kaufman; Senator Wham--Domestic Violence

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, April 23, pages 906-907.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 26, page 965.)

Amendment No. 3, by Senator Perlmutter

Amend the Judiciary Committee Amendment, as printed in Senate Journal, April 23, page 907, strike lines 11 and 12 and substitute the following:

"Page 2 of the reengrossed bill, before line 25, insert the following:

"SECTION 5. Article 4 of title 14, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

144107. Family violence justice fund creation grants from fund. (1) THERE IS HEREBY ESTABLISHED IN THE STATE TREASURY THE FAMILY VIOLENCE JUSTICE FUND, HEREAFTER REFERRED TO AS THE "FUND". PURSUANT TO SUBSECTION (3) OF THIS SECTION, THE STATE COURT ADMINISTRATOR IS AUTHORIZED TO MAKE GRANTS FROM THE FUND DIRECTLY TO QUALIFYING ORGANIZATIONS PROVIDING CIVIL LEGAL SERVICES TO INDIGENT RESIDENTS OF THE STATE OF COLORADO.

(2) GRANTS FROM THE FUND SHALL BE USED TO FUND QUALIFYING ORGANIZATIONS TO PROVIDE LEGAL ADVICE, REPRESENTATION, AND ADVOCACY FOR AND ON BEHALF OF INDIGENT CLIENTS WHO ARE VICTIMS OF FAMILY VIOLENCE. MONEYS FROM THE FUND MAY BE PROVIDED FOR SERVICES THAT INCLUDE, BUT ARE NOT LIMITED TO:

(a) THE PROVISION OF DIRECT LEGAL REPRESENTATION TO VICTIMS OF FAMILY VIOLENCE IN RESOLVING THEIR CIVIL LEGAL MATTERS AND REMOVING IMPEDIMENTS TO THE ELIMINATION OF FAMILY VIOLENCE. SUCH REPRESENTATION MAY INCLUDE, BUT NEED NOT BE LIMITED TO, REPRESENTATION IN ANY RESTRAINING ORDER PROCEEDING, ACTION FOR DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, OR DECLARATION OF INVALIDITY OF MARRIAGE, PATERNITY ACTION, CHILD CUSTODY ACTION, PROCEEDING TO ESTABLISH OR ENFORCE CHILD SUPPORT, ADMINISTRATIVE HEARINGS, OR ANY OTHER JUDICIAL ACTIONS IN WHICH FAMILY VIOLENCE IS AN ISSUE OR IN WHICH LEGAL REPRESENTATION IS NECESSARY TO PROTECT THE INTERESTS OF A VICTIM OF FAMILY VIOLENCE.

(b) THE PROVISION OF CLINICS DESIGNED TO EDUCATE AND ASSIST INDIGENT VICTIMS OF FAMILY VIOLENCE IN THE PROCEEDINGS SET FORTH IN PARAGRAPH (a) OF THIS SUBSECTION (2);

(c) THE PROVISION OF LEGAL INFORMATION AND ADVICE TO VICTIMS OF FAMILY VIOLENCE, REFERRALS TO APPROPRIATE PERSONS OR AGENCIES, AND THE PROVISION OF EMERGENCY ASSISTANCE IN APPROPRIATE CASES BY TELEPHONE, ELECTRONIC COMMUNICATION, OR OTHER APPROPRIATE MEANS.

(3) A QUALIFYING ORGANIZATION SEEKING TO RECEIVE A GRANT FROM THE FUND SHALL SUBMIT AN APPLICATION EACH YEAR TO THE STATE COURT ADMINISTRATOR ON A FORM PROVIDED BY SUCH ADMINISTRATOR. THE APPLICATION FORM SHALL REQUEST ANY INFORMATION WHICH THE ADMINISTRATOR MAY NEED IN DETERMINING THE QUALIFICATIONS OF THE ORGANIZATION FOR RECEIPT OF A GRANT. COMMENCING JULY 1, 1999, AND QUARTERLY THEREAFTER, THE STATE COURT ADMINISTRATOR SHALL DISTRIBUTE GRANTS FROM THE FUND, SUBJECT TO AVAILABLE APPROPRIATIONS, TO A QUALIFYING ORGANIZATION FOR EACH COUNTY OR CITY AND COUNTY BASED UPON THE FOLLOWING FORMULA:

(a) THE TOTAL MONEYS SHALL BE DISBURSED IN PROPORTION TO THE NUMBER OF PERSONS LIVING BELOW THE POVERTY LEVEL IN EACH COUNTY OR CITY AND COUNTY AS DETERMINED BY THE MOST RECENT CENSUS PUBLISHED BY THE BUREAU OF THE CENSUS OF THE UNITED STATES DEPARTMENT OF COMMERCE.

(b) IF THERE IS MORE THAN ONE QUALIFYING ORGANIZATION WITHIN A COUNTY OR CITY AND COUNTY, THE PROPORTIONATE SHARE OF THE FUND FOR SUCH COUNTY OR CITY AND COUNTY DISBURSED TO EACH SUCH QUALIFYING ORGANIZATION SHALL BE ALLOCATED IN PROPORTION TO THE NUMBER OF INDIGENT FAMILY VIOLENCE CLIENTS SERVED BY EACH QUALIFYING ORGANIZATION OR ITS PREDECESSOR IN THE PRECEDING YEAR.

(4) (a) IN ADDITION TO ANY APPROPRIATION FROM THE GENERAL FUND, THE STATE COURT ADMINISTRATOR IS AUTHORIZED TO ACCEPT ON BEHALF OF THE STATE ANY FUNDS, GRANTS, GIFTS, OR DONATIONS FROM ANY PRIVATE OR PUBLIC SOURCE FOR THE PURPOSE OF IMPLEMENTING THIS SECTION. ALL PRIVATE AND PUBLIC FUNDS RECEIVED THROUGH GRANTS, GIFTS, OR DONATIONS SHALL BE TRANSMITTED TO THE STATE TREASURER WHO SHALL CREDIT THE SAME TO THE FAMILY VIOLENCE JUSTICE FUND.

(b) THE MONEYS IN THE FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE ADMINISTRATION OF THIS SECTION. THE STATE COURT ADMINISTRATOR OF THE JUDICIAL DEPARTMENT, SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY, IS AUTHORIZED TO EXPEND MONEYS APPROPRIATED TO THE DEPARTMENT FROM THE FUND TO QUALIFYING ORGANIZATIONS FOR THE PURPOSES DESCRIBED IN THIS SECTION; EXCEPT THAT THE AMOUNT EXPENDED FOR INDIRECT COSTS ASSOCIATED WITH THE ADMINISTRATION OF THIS SECTION SHALL NOT EXCEED THREE PERCENT OF THE MONEYS APPROPRIATED TO THE FUND IN ANY FISCAL YEAR. ALL INVESTMENT EARNINGS DERIVED FROM THE DEPOSIT AND INVESTMENT OF THE MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. ANY MONEYS NOT APPROPRIATED SHALL REMAIN IN THE FUND AND SHALL NOT BE TRANSFERRED OR REVERT TO THE GENERAL FUND OF THE STATE AT THE END OF ANY FISCAL YEAR.

(5) FOR PURPOSES OF THIS SECTION:

(a) "ADMINISTRATOR" MEANS THE STATE COURT ADMINISTRATOR IN THE STATE JUDICIAL DEPARTMENT.

(b) "FAMILY VIOLENCE" HAS THE SAME MEANING AS "DOMESTIC ABUSE" AS SET FORTH IN SECTION 144101 (2).

(d) "INDIGENT" MEANS A PERSON WHOSE INCOME DOES NOT EXCEED ONE HUNDRED TWENTYFIVE PERCENT OF THE CURRENT FEDERAL POVERTY GUIDELINES DETERMINED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.

(e) "QUALIFYING ORGANIZATION" MEANS AN ORGANIZATION THAT:

(I) PROVIDES FULL SERVICE CIVIL LEGAL SERVICES TO INDIGENT CLIENTS;

(II) IS BASED IN COLORADO;

(III) IS EXEMPT FROM TAXATION PURSUANT TO SECTION 501 (c) (3) OF THE INTERNAL REVENUE CODE; AND

(IV) OBTAINS MORE THAN THIRTYTHREE PERCENT OF ITS FUNDING FROM SOURCES OTHER THAN GRANTS FROM THE FUND.

(f) "RESTRAINING ORDER" HAS THE SAME MEANING AS SET FORTH IN SECTION 186803.7 (1) (e), C.R.S.

SECTION 6. 133101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

133101. State court administrator. (6) THE STATE COURT ADMINISTRATOR SHALL MAKE GRANTS FROM THE FAMILY VIOLENCE JUSTICE FUND PURSUANT TO THE PROVISIONS OF SECTION 144107, C.R.S.".

Renumber succeeding sections accordingly.

Page 3 of the reengrossed bill, line 19, strike "4, and 6" and substitute "4, 5, 6, 7, 9, and 10" and strike "5" and substitute "8".".

Amendment No. 4, by Senator Wham

Amend the Judiciary Committee amendment, as printed in the Senate Journal, April 23, page 907, line 11, strike ""5, and 7"" and substitute ""4, 5, 7, and 8"".

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

HB 99-1018 by Rep. Clarke--Undocumented Aliens Prenatal Care

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

SB 99-132 by Sen. Anderson; Rep. Morrison--Use Of Tobacco Moneys

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

(Printed in Senate Journal, February 15, pages 275-279.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 27, pages 978-982.)

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Musgrave, 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:

HB99-1323, 99-1018 declared passed on Second Reading.

SB99-132 as amended, 99-1237 as amended, 99-1279 as amended,

99-1115 as amended declared passed on Second Reading.

HB99-1280 as amended, re-referred to the Committee on State, Veterans and Military

Affairs.

COMMITTEE OF REFERENCE REPORT

Approp- After consideration on the merits, the committee recommends that SB99-231 be

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

Amend printed bill, page 4, line 11, strike "ALL MONEYS INCLUDED IN THE FIRST";

line 12, strike "PAYMENT MADE" and substitute "THE FIRST THIRTYTHREE MILLION DOLLARS OF ALL MONEYS, OTHER THAN ATTORNEYS FEES AND COSTS, PAID";

line 22, strike "DENVER," and substitute "DENVER, NOT LESS THAN";

line 23, strike "MONEYS INCLUDED IN SUBSEQUENT PAYMENTS" and substitute "ADDITIONAL MONEYS, OTHER THAN ATTORNEYS FEES AND COSTS, PAID".

_________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SB99-231 was made Special Orders at 5:06 p.m..

__________________________

Committee The hour of 5:06 p.m. having arrived, Senator Musgrave moved that the Senate resolve

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

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

SPECIAL ORDERS--SECOND READING OF BILL--5:06 P. M.

SB 99-231 by Sen. Lacy; Rep. Tool--Tobacco Litigation Settlement Moneys

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 27, page 986.)

Amendment No. 2, by Senator Lacy

Amend printed bill, page 5, after line 13, insert the following:

"2422115.6. Miscellaneous tobacco litigation settlement moneys. (1) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 2422115 AND 2422115.5, ANY TOBACCO LITIGATION SETTLEMENT MONEYS RECEIVED TO COMPENSATE THE STATE FOR ATTORNEY FEES, COURT COSTS, OR OTHER EXPENSES INCURRED SHALL BE SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY IF THE PURPOSE FOR WHICH SUCH MONEYS MAY BE EXPENDED IS NOT SPECIFIED OR APPROVED BY A COURT OR OTHER NONCOLORADO AUTHORITY.

(2) WHEN ANY AGENCY OF STATE GOVERNMENT PROPOSES TO EXPEND CUSTODIAL MONEYS THAT ARE TOBACCO LITIGATION SETTLEMENT MONEYS RECEIVED TO COMPENSATE THE STATE FOR ATTORNEY FEES, COURT COSTS, OR OTHER EXPENSES INCURRED, THE AGENCY SHALL NOTIFY THE JOINT BUDGET COMMITTEE IN WRITING AND SHALL EXPLAIN THE BASIS FOR DETERMINING THAT THE MONEYS ARE CUSTODIAL AND SHALL SET FORTH THE PURPOSE FOR WHICH THE AGENCY INTENDS TO EXPEND SUCH MONEYS.".

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

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

SB99-231 as amended, declared passed on Second Reading.

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-235, 236.

Services

Correctly revised: HB 99-1001, 1002, 1003, 1009, 1015, 1016, 1068, 1118, 1125, 1137, 1151, 1155, 1165, 1207, 1246, 1249, 1271, 1308, 1311, 1335, 1355, 1356.

To the Governor for signature on Monday, April 23, 1999, at 2:10 pm:

SB 99-11, 155, 205, 206.

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 Wednesday, April 28, retaining its place on the calendar.

HB 99-1002 by Rep. Alexander; Senator Musgrave--Sales & Use Tax Exemp For Farm Equip

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

YES 33

NO 2

EXCUSED 0

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
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
N
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Arnold, Chlouber, Congrove, Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Hillman, Lamborn, Martinez, Matsunaka, Nichol, Owen, Phillips, Powers, Tanner, Tebedo, Teck, Wattenberg.

HB 99-1009 by Rep. Sullivant; Senator Owen--Coins & Metal Bullion Tax Exemption

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

YES 29

NO 6

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

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
N
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, Epps, Hernandez, Hillman, Lamborn, Musgrave, Sullivant, Tebedo, Weddig.

HB 99-1015 by Rep. Taylor; Sen. Wattenberg--Vending Machine Sales Tax Exemption

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

YES 35

NO 0

EXCUSED 0

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
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Chlouber, Congrove, Epps, Evans, Hernandez, Hillman, Lamborn, Musgrave, Owen, Perlmutter, Phillips, Tebedo.

HB 99-1016 by Rep. Johnson; Senator Wattenberg--Sales Tax Exemption For Ag Compounds

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

YES 34

NO 1

EXCUSED 0

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
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
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Chlouber, Congrove, Dennis, Epps, Evans, Hernandez, Hillman, Lamborn, Matsunaka, Musgrave, Owen, Powers, Tebedo.

HB 99-1125 by Rep. Swenson: Sen. Teck--Foreign Source Income Adjustment

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

Co-sponsors added: Evans, Hernandez, Lamborn, Owen, Powers, Reeves, Tebedo, Weddig.

HB 99-1137 by Rep. Taylor; Sen. Blickensderfer--Personal Income Tax Modifications

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

YES 31

NO 4

EXCUSED 0

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
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
N

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Chlouber, Congrove, Epps, Evans, Hernandez, Lamborn, Matsunaka, Musgrave, Nichol, Powers, Reeves, Tebedo.

HB 99-1003 by Rep. McElhany; Senator Arnold--Eliminate Income Tax Marriage Penalty

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

Co-sponsors added: Anderson, Andrews, Blickensderfer, Chlouber, Congrove, Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Martinez, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Wattenberg, Weddig, Wham.

HB 99-1151 by Rep. Sinclair; Senator Lamborn--Increase Income Tax Pension Exclusion

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

Co-sponsors added: Arnold, Chlouber, Congrove, Epps, Evans, Feeley, Hernandez, Hillman, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Phillips, Powers, Rupert, Sullivant, Tanner, Tebedo, Teck.

HB 99-1155 by Rep. Spradley; Senator Owen--Conservation Easement Tax Credit

A majority of those elected to the Senate having voted in the affirmative, Senator Owen was given permission to offer a Third Reading amendment.

Third Reading Amendment No. 1, by Senator Owen

Amend revised bill, page 2, line 5, strike "1999," and substitute "2000,".

Page 3, line 25, strike "An" and substitute "For the income tax years commencing on or after January 1, 2000, an".

Page 4, line 9, strike "An" and substitute "For the income tax years commencing on or after January 1, 2000, an".

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 33

NO 2

EXCUSED 0

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
N

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
Y
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-sponsors added: Chlouber, Congrove, Dennis, Dyer, Evans, Hernandez, Linkhart, Musgrave, Pascoe, Phillips, Reeves, Rupert, Tebedo, Wattenberg, Weddig, Wham.

HB 99-1207 by Rep. McPherson; Senator Lamborn--Reduce State Income Tax Rate

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

YES 32

NO 3

EXCUSED 0

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
Y

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
Y
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: Arnold, Blickensderfer, Chlouber, Congrove, Dennis, Epps, Evans, Hernandez, Hillman, Matsunaka, Musgrave, Nichol, Owen, Powers, Sullivant, Tebedo, Teck.

HB 99-1246 by Rep. Tate; Senator Owen--Long Term Care Insurance Tax Credit

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

Co-sponsors added: Chlouber, Congrove, Epps, Evans, Feeley, Hernandez, Martinez, Matsunaka, Musgrave, Pascoe, Rupert, Tanner, Tebedo.

HB 99-1249 by Rep. Spradley; Senator Wattenberg--Severance Tax Modifications

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

Co-sponsors added: Chlouber, Congrove, Epps, Evans, Hernandez, Lamborn, Musgrave, Tebedo, Teck.

HB 99-1271 by Rep. Sullivant; Senator Evans--Alt Fuels Tax Exemption Credit & Rebate

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

YES 34

NO 1

EXCUSED 0

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
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Arnold, Hernandez, Pascoe, Perlmutter, Rupert, Tebedo, Weddig.

HB 99-1311 by Rep. Spradley; Senator Owen--TABOR Refund Based On Personal Prop Tax

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

YES 32

NO 3

EXCUSED 0

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
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
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: Andrews, Blickensderfer, Chlouber, Congrove, Dennis, Epps, Evans, Feeley, Hernandez, Hillman, Lamborn, Nichol, Reeves, Tebedo, Teck, Weddig.

HB 99-1335 by Rep. Swenson; Senator Lacy--Financial Incentives For Biotechnology

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

YES 34

NO 1

EXCUSED 0

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
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Chlouber, Evans, Feeley, Hernandez, Lamborn, Owen, Pascoe, Reeves, Rupert, Tebedo, Wattenberg, Weddig, Wham.

HB 99-1001 by Rep. McPherson; Senator Powers--TABOR Refund Of Excess Revenues

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

Co-sponsors added: Anderson, Andrews, Arnold, Blickensderfer, Chlouber, Congrove, Epps, Evans, Hernandez, Hillman, Lacy, Linkhart, Musgrave, Owen, Rupert, Tebedo, Teck, Weddig, Wham.

HB 99-1356 by Representative Smith; also Senator Blickensderfer--Concerning absentee voters, and, in connection therewith, establishing permanent absentee voter status.

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

YES 29

NO 6

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
N
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
N
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
Y
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Hernandez, Tanner, Weddig.

HB 99-1068 by Rep. Kester; Senator Dennis--Community Corrections Escapees

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

YES 32

NO 3

EXCUSED 0

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
N
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
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: Epps, Hernandez.

HB 99-1118 by Rep. Johnson; Senator Teck--Hepatitis C Program

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

Co-sponsors added: Anderson, Blickensderfer, Dennis, Hernandez, Martinez, Perlmutter, Powers, Reeves, Rupert, Tanner, Wattenberg, Wham.

HB 99-1355 by Rep. Taylor; Senator Dennis--Nonresident Offhighway Vehicle Permits

A majority of those elected to the Senate having voted in the affirmative, Senator Dennis was given permission to offer a Third Reading amendment.

Third Reading Amendment No. 1, by Senator Dennis

Amend revised bill, page 5, line 3, after "of", insert "section 1 of".

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 35

NO 0

EXCUSED 0

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
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

HB 99-1308 by Rep. Allen; Sen. Hillman--Teacher Licensure & Immunity

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

Co-sponsor added: Weddig.

HB 99-1165 by Rep. Kaufman; Sen. Dyer--Monitoring Diesel Fuel Fraud

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

YES 33

NO 2

EXCUSED 0

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
Y
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: Arnold, Evans, Hernandez, Sullivant, Weddig.

COMMITTEE OF REFERENCE REPORTS

Business After consideration on the merits, the committee recommends that HB99-1372 be

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

and Labor with favorable recommendation:

Amend reengrossed bill, page 6, line 9, strike "EDUCATION." and substitute "EDUCATION, THE DEPARTMENT OF HIGHER EDUCATION, THE COLORADO COMMISSION ON HIGHER EDUCATION, OR OTHER INSTRUMENTALITY THEREOF.".

Page 7, strike lines 11 through 13.

Page 12, line 2, strike "fifteen" and substitute "~~fifteen~~ SEVENTEEN";

strike lines 7 through 10 and substitute the following:

"(II) The president of the senate shall appoint ~~one member~~ TWO MEMBERS of the senate, THE MINORITY LEADER OF THE SENATE SHALL APPOINT ONE MEMBER OF THE SENATE, ~~and~~ the speaker of the house of representatives shall appoint ~~one member~~ TWO MEMBERS of the house of representatives, AND THE MINORITY LEADER OF THE HOUSE SHALL APPOINT ONE MEMBER OF THE HOUSE OF REPRESENTATIVES; and

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

riations referred favorably to the Committee of the Whole: SB99-233

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

riations postponed indefinitely: SB99-054

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

riations referred favorably to the Committee of the Whole: HB99-1367

Business After consideration on the merits, the committee recommends that HB99-1102 be

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

and Labor with favorable recommendation:

Amend reengrossed bill, page 3, line 10, strike "Colorado advanced";

strike line 11;

line 12, strike "Revised Statutes," and substitute "department of local affairs, created in section 241125, Colorado Revised Statutes,";

strike lines 19 and 20 and substitute the following:

"appropriation of four million six hundred seventy-six thousand dollars will be necessary to demonstrate the feasibility of the effort.".

Page 4, line 5, strike "COLORADO";

strike line 6;

line 7, strike "OF TITLE 23, C.R.S.," and substitute "DEPARTMENT OF LOCAL AFFAIRS, CREATED IN SECTION 241125, C.R.S.,";

line 10, after the period, add "TO THE EXTENT POSSIBLE AND IF TECHNICALLY FEASIBLE, THE BIDDING AND THE METHOD OF AWARDING THE CONTRACT FOR TELECOMMUNICATIONS SERVICES UNDER SECTION 2311104.5, C.R.S., SHOULD BE STRUCTURED IN A MANNER AS TO ALLOW THE GREATEST NUMBER OF PROVIDERS TO PARTICIPATE IN THE BIDDING AND THE AWARD OF THE CONTRACT.";

strike line 14 and substitute the following:

"powers and duties of department of local affairs - definitions legislative declaration. (1) AS USED".

Page 5, after line 4, insert the following:

"(d) "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS, CREATED IN SECTION 241125, C.R.S.

(e) "DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE DEPARTMENT.".

Reletter succeeding C.R.S. paragraphs accordingly.

Page 5, line 24, strike "COMMISSION" and substitute "DEPARTMENT";

line 25, strike "COMMISSION" and substitute "DEPARTMENT".

Page 6, line 1, strike "COMMISSION" and substitute "DEPARTMENT";

strike lines 17 and 18, and substitute the following:

"SERVICE PROVIDERS.".

Page 7, line 13, strike "COMMISSION" and substitute "DEPARTMENT".

Page 8, line 5, strike "COMMISSION, THE COMMISSION" and substitute "DEPARTMENT, THE DEPARTMENT";

line 9, strike "COMMISSION" and substitute "DEPARTMENT";

line 15, strike "COMMISSION" and substitute "DEPARTMENT";

line 20, strike "COMMISSION" and substitute "DEPARTMENT";

line 25, strike "COMMISSION" and substitute "DEPARTMENT".

Page 9, strike lines 4 through 6 and substitute the following:

"(9) ON OR BEFORE APRIL 1, 2000, THE DEPARTMENT SHALL REPORT TO AND MAKE AN APPEARANCE BEFORE THE BUSINESS AFFAIRS AND LABOR AND CAPITAL DEVELOPMENT COMMITTEES OF THE HOUSE AND SENATE. THEREAFTER, THE DEPARTMENT SHALL REPORT TO AND MAKE AN APPEARANCE BEFORE THE CAPITAL DEVELOPMENT COMMITTEE AT THE CONCLUSION OF EACH FISCAL YEAR OF OPERATION OF THIS PROGRAM.

(10) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT THE AGGREGATION OF LOCAL PUBLIC TELECOMMUNICATIONS SERVICES IS A NEW STATE PROGRAM AND THAT ADMINISTRATION OF THE PROGRAM REQUIRES SERVICES OF A SPECIALIZED, TECHNICAL NATURE THAT ARE NOT AVAILABLE WITHIN THE STATE PERSONNEL SYSTEM. THE DIRECTOR IS THEREFORE AUTHORIZED TO CONTRACT WITH A PRIVATE PERSON, CORPORATION, OR ENTITY FOR THE ADMINISTRATION OF THE COMMUNITYBASED ACCESS GRANT PROGRAM DESCRIBED IN SUBSECTION (2) OF THIS SECTION IF THE CONTRACT OTHERWISE COMPLIES WITH PART 5 OF ARTICLE 50 OF TITLE 24, C.R.S., CONCERNING CONTRACTS FOR PERSONAL SERVICES.

(11) DURING THE INITIAL YEAR OF FUNDING, THE DEPARTMENT OF LOCAL AFFAIRS SHALL ALLOCATE THE MONEYS MADE AVAILABLE FOR THE PURPOSES OF THIS SECTION IN A MANNER THAT:

(a) PROVIDES TECHNICAL ASSISTANCE FOR STRATEGIC TELECOMMUNICATIONS PLANNING TO COMMUNITIES THAT REQUIRE HELP IN PREPARING COMPETITIVE PROPOSALS FOR FUTURE FUNDING;

(b) EVALUATES THE RELATIONSHIP BETWEEN THE SIZE OF A COMMUNITY AND THE ABILITY TO SUCCESSFULLY ATTRACT INVESTMENT THROUGH AGGREGATION; AND

(c) GIVES PRIORITY TO PROPOSALS THAT DEMONSTRATE A HIGH PROBABILITY OF SUCCESS THROUGH SUFFICIENT PRIOR STRATEGIC TELECOMMUNICATIONS PLANNING, LOCAL MANAGERIAL EXPERTISE, AND TECHNICAL FEASIBILITY OF THE CHOSEN BID FROM THE PRIVATE VENDOR.";

line 12, strike "Colorado advanced technology institute commission," and substitute "department of local affairs,";

strike lines 23 through 26.

Page 10, strike lines 1 through 4, and substitute the following:

"(b) From the local government severance tax fund created pursuant to section 3929110, Colorado Revised Statutes, the sum of one million five hundred thousand dollars ($1,500,000) cash funds exempt, or so much thereof as may be necessary, shall be made available to local governments for the communitybased access grant program established by this act.".

Approp- After consideration on the merits, the committee recommends that SB99-214 be

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

Amend the committee amendment, as printed in Senate Journal, April 9, page 732, after line 30 insert the following:

"Amend printed bill, page 2, line 8, after "FUND", insert "SHALL BE SUBJECT TO ANNUAL APPROPRIATION AND";

after line 15, insert the following:

"SECTION 2. 334101 (1) and (11), Colorado Revised Statutes, are amended to read:

334101. License agents reports board of claims penalty for failure to account. (1) The director may designate sole proprietors, partnerships, or corporations having permanent business locations in this state as license agents to sell, at their permanent business locations, hunting, fishing, trapping, and other licenses of the division. License agents shall be paid a commission of five percent of all moneys collected for licenses sold. LICENSE AGENTS SHALL ACCEPT DONATIONS ON BEHALF OF THE DIVISION AS PROVIDED FOR IN SECTION 334102 (8.5). All agents authorized to sell licenses shall keep accurate records of all sales of licenses AND OF ALL DONATIONS RECEIVED AS PROVIDED IN SECTION 334102 (8.5) and shall make such reports to the division regarding license sales AND DONATIONS RECEIVED as may be required by the division. Such agents shall be required to give evidence of financial responsibility, in the form of a savings account, deposit, or certificate of deposit meeting the requirements of section 1135101, C.R.S., or an irrevocable letter of credit meeting the requirements of section 1135101.5, C.R.S., or a bond, in such amount as may be fixed by the division based upon performance criteria established by the wildlife commission by rule or regulation which may be less than the full value of consignment, in an amount adequate to ensure the remittance of all moneys collected from such license sales, less amounts allowed as commissions, and the making of reports required by the division. The commission may promulgate rules and regulations for the establishment and cancellation of license agencies. All license moneys received AND ALL DONATIONS RECEIVED AS PROVIDED IN SECTION 334102 (8.5) shall be kept separate and apart from any other moneys of the agent authorized to sell licenses and shall at all times belong to the state. All moneys due from the sale of wildlife licenses AND ALL DONATIONS RECEIVED AS PROVIDED IN SECTION 334102 (8.5) shall belong to the state and shall draw interest at the rate of one and onehalf percent per month from the date due.

(11) Any license agent who fails, upon demand of the division, to account for licenses or who fails to pay over to the division or its authorized representative moneys received from the sales of licenses AND ALL DONATIONS RECEIVED AS PROVIDED IN SECTION 334102 (8.5):

(a) When the amount in question is less than two hundred dollars, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment;

(b) When the amount in question is two hundred dollars or more, commits a class 6 felony and shall be punished as provided in section 181105, C.R.S., which punishment shall include a fine in an amount set out in section 181105 (1) (a) (III), C.R.S.".

Renumber succeeding sections accordingly.";

line 33 of the committee amendment, strike "Amend printed bill, page 2,";

strike line 39 of the committee amendment, and substitute the following:

""(b) ANY APPLICATION ISSUED AFTER JANUARY 1, 2000, FOR A LIMITED HUNTING OR FISHING LICENSE REQUIRING THE SUBMISSION OF AN APPLICATION TO THE DIVISION SHALL CONTAIN SUCH A CHECKOFF OPTION FOR FUNDING THE WILDLIFE MANAGEMENT PUBLIC EDUCATION ADVISORY COUNCIL.

(c) ANY HUNTING OR FISHING LICENSE ISSUED OVER THE COUNTER AND NOT REQUIRING THE SUBMISSION OF AN APPLICATION TO THE DIVISION SHALL CONTAIN A MECHANISM, AS SOON AS PRACTICABLE, FOR ALLOWING PURCHASERS TO DONATE MONEY TO FUND THE WILDLIFE MANAGEMENT PUBLIC EDUCATION ADVISORY COUNCIL.

(d) ADMINISTRATIVE COSTS INCURRED BY THE DIVISION IN THE DEVELOPMENT OF THE CHECKOFF OPTION SHALL BE PAID FOR OUT OF THE MONEYS DONATED PURSUANT TO THIS SUBSECTION (8.5); HOWEVER, NO MORE THAN TWENTYFIVE PERCENT OF THE DONATIONS SHALL BE USED TO PAY FOR THE ADMINISTRATIVE COSTS.

(e) THIS SUBSECTION (8.5) IS REPEALED, EFFECTIVE JULY 1,";

line 46 of the committee amendment, strike "2009."." and substitute "2009.";";

after line 46 of the committee amendment, insert the following:

"line 24, strike "Sections 2 and 3" and substitute "Section 4";

line 25, strike "hunting or fishing license applications,";

line 26, strike "brochures," and substitute "brochures".".

MESSAGES FROM THE HOUSE:

April 26, 1999

Mr. President:

The House has voted to concur in the Senate amendments to HB99-1158 and has repassed the bill as so amended.

The House has adopted the First Report of the First Conference Committee on SB-072.

Pursuant to the conference committee report the Speaker has appointed Representatives Kaufman, chairman, T.Williams and Leyba as House conferees on the Second Conference Committee on SB99-072. The bill is transmitted herewith.

April 26, 1999

Mr. President:

The House has adopted and returns herewith SJR99-037, amended as printed in House

Journal, April 26.

The House has adopted and returns herewith SJR99-044.

April 27, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1085, amended as printed in House Journal, April 26, page 1442;

HB99-1329, amended as printed in House Journal, April 26, pages 1438-1439;

HB99-1345, amended as printed in House Journal, April 26, pages 1435-1436;

HB99-1351, amended as printed in House Journal, April 26, page 1436;

HB99-1353, amended as printed in House Journal, April 26, pages 1436-1438 and on Third Reading as printed in House Journal April 27;

HB99-1373, amended as printed in House Journal, April 26, page 1443;

SB99-020, amended as printed in House Journal, April 26, page 1448;

SB99-048, amended as printed in House Journal, April 26, page 1449;

SB99-065, amended on Third Reading as printed in House Journal April 27:

SB99-079, amended as printed in House Journal, April 26, page 1449;

SB99-083, amended as printed in House Journal, April 26, page 1449;

SB99-093, amended as printed in House Journal, April 26, pages 1449-1450;

SB99-096, amended as printed in House Journal, April 26, pages 1450-1451;

SB99-116, amended as printed in House Journal, April 26, page 1451;

SB99-130, amended as printed in House Journal, April 26, page 1443;

SB99-150, amended as printed in House Journal, April 26, pages 1443-1444;

SB99-210, amended as printed in House Journal, April 26, page 1444.

The House has passed on Third Reading and returns herewith SB99-147, 164, 165, 169 and 217.

In response to the request of the Senate, the Speaker has appointed Representatives Gotlieb, chairman, Mitchell, and Mace as House conferees on the First Conference Committee on SB99-039.

The House has adopted and transmits herewith HJR99-1056, as printed in House Journal, April 27.

MESSAGE FROM THE REVISOR

April 27, 1999

We herewith transmit:

without comment, as amended, HB99-1085, 1329, 1345, 1351, 1353, 1373, SB99-020, 048, 065, 079, 083, 093, 096, 116, 130, 150, and 210.

INTRODUCTION OF BILLS

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

SB 99-237 by Senators Pascoe, Hernandez, Linkhart, Matsunaka, and Rupert--Concerning the repeal of the statutory limitation on state general fund appropriations without affecting the limitation on state fiscal year spending established in the constitution.

State, Veterans, & Military Affairs

Appropriations

HB 99-1085 by Representative Lawrence; also Senator Anderson--Concerning the asset test for determining eligibility for children under the medical assistance program, and making an appropriation therefor.

Health, Environment, Welfare & Institutions

Appropriations

HB 99-1345 by Representative Spradley; also Senator Anderson--Concerning the state income tax credit for qualified costs incurred in the preservation of historic properties.

Finance

Appropriations

HB 99-1351 by Representatives Mitchell and Hoppe; also Senator Teck--Concerning air pollution affecting visibility, and making an appropriation in connection therewith.

Appropriations

HB 99-1353 by Representatives Gotlieb, Mitchell, George, and Mace; also Senators Wham and Hernandez--Concerning programs for persons convicted of a crime in another state, and making an appropriation in connection therewith.

Judiciary

Appropriations

HB 99-1373 by Representatives Tool and Saliman; also Senators Lacy and Tanner--Concerning a family planning pilot program for low-income individuals.

Health, Environment, Welfare & Institutions

Appropriations

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

HJR 99-1056 by Representatives Lee, Fairbank, and Stengel; also Senator Anderson--Concerning the inappropriate radio comments of Howard Stern, and, in connection therewith, requesting disciplinary action be taken against Howard Stern.

Laid over one day under Senate Rule 30(e), and placed on the calendar of Wednesday, April 28.

MESSAGES FROM THE GOVERNOR

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

ments Committee as follows:

August 4, 1998

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

STATE BOARD FOR COMMUNITY COLLEGES

AND OCCUPATIONAL EDUCATION

for a term expiring July 1, 2001:

Straud J. Fredregill of Pueblo, Colorado, to serve as a representative of the Third Congressional District and as a Republican, appointed;

for terms expiring July 1, 2002:

Richard J. Wesolowski of Fort Collins, Colorado, to serve as a representative of the Fourth Congressional District and as a Republican, appointed;

Samuel R. Freeman of Denver, Colorado, to serve as a representative of the First Congressional District and as an Unaffiliated, appointed;

Susan A. Davies of Durango, Colorado, to serve as a representative of the Third Congressional District and as a Democrat, reappointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 8/13/98

P. Dicks, Assistant Secretary

_____________________________

April 23, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to withdraw the following:

MEMBERS OF THE

STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL

EDUCATION

effective April 23, 1999:

Richard Wesolowski of Fort Collins, Colorado;

Samuel R. Freeman of Denver, Colorado,

Susan A. Davies of Durango, Colorado.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/23/99

P. Dicks, Secretary

_____________________________

April 23, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

I intend to continue the appointment of the following individual as a Member of the Colorado State Board for Community Colleges and Occupational Education:

Straud J. Fredregill of Pueblo, Colorado.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/23/99

P. Dicks, Secretary

Committee on Education

_____________________________

April 23, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

MEMBERS OF THE

STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL

EDUCATION

for a term expiring July 1, 2002:

Robert E. Smith of Longmont, Colorado, to serve as a representative of the Second Congressional District and as a Democrat, appointed.

Ed Lyell of Alamosa, Colorado, to serve as a representative of the Third Congressional District and as a Democrat, appointed.

Lee Elwood Gillis of Lamar, Colorado, to serve as a representative of the Fourth Congressional District and as a Republican, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/23/99

P. Dicks, Secretary

Committee on Education

_____________________________

October 13, 1998

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

COLORADO STUDENT OBLIGATION BOND

AUTHORITY BOARD OF DIRECTORS

for terms expiring June 30, 2002:

George Delaney of Littleton, Colorado, to serve as a Democrat, appointed;

Eric Duran of Denver, Colorado, to serve as a Democrat, appointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 10/22/98

P. Dicks, Assistant Secretary

_____________________________

April 23, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to withdraw the following:

MEMBER OF THE

STUDENT OBLIGATION BOND AUTHORITY BOARD OF DIRECTORS

effective April 23, 1999:

George Delaney of Littleton, Colorado;

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/23/99

P. Dicks, Secretary

_____________________________

April 23, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

I intend to continue the appointment of the following individual as a Member of the Colorado Student Obligation Bond Authority Board of Directors:

Eric Duran of Denver, Colorado.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/23/99

P. Dicks, Secretary

Committee on Education

_____________________________

April 23, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

MEMBER OF THE

STUDENT OBLIGATION BOND AUTHORITY BOARD OF DIRECTORS

for a term expiring June 30, 2002:

Douglas Sparks of Denver, Colorado, to serve as a representative of the First Congressional District and as a Republican, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/23/99

P. Dicks, Secretary

Committee on Education

_____________________________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99072

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99072, concerning requirements for access to the primary election ballot by petition, has met and reports that it has agreed upon the following:

That it is unable to reach an agreement upon the differences between the two houses and that it asks to be discharged and that a second conference committee be appointed.

Respectfully submitted,

Senate Committee: House Committee:

(Signed) (Signed)

Sen. MaryAnne Tebedo, Chair Rep. William G, Kaufman, Chair

Sen. Alice Nichol Rep. Tambor Williams

Sen. Doug Lamborn Rep. Lois Tochtrop

SIGNING OF BILLS

The President has signed: HB99-1342.

The President has signed: HB99-1010, 1234, 1312.

TRIBUTE -- A POINT OF INTEREST

Memorializing the Ludlow Massacre on the 85^th anniversary -- by Senator Thiebaut and Rupert

On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Wednesday, April 28, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate

HB 99-1313

(Cont.)

HB 99-1278

(Cont.)

HB 99-1168

(Cont.)

HB 99-1280

(Cont.)

SB 99-132

(Cont.)

SB 99-132

(Cont.)

SB 99-132

(Cont.)

SB 99-132

(Cont.)

HB 99-1115

(Cont.)

HB 99-1115

(Cont.)

HB 99-1115

(Cont.)

SB 99-231

(Cont.)

HB 99-1125

(Cont.)

HB 99-1155

(Cont.)

HB 99-1249

(Cont.)

HB 99-1118

(Cont.)

HB 99-1102

(Cont.)

HB 99-1102

(Cont.)

SB 99-214

(Cont.)

YES 20		NO 12		EXCUSED 2		ABSENT 1
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	N
Andrews	Y	Feeley	N	Nichol	Y	Tebedo	E
Arnold	Y	Hernandez	Y	Owen	Y	Teck	N
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	A
Chlouber	Y	Lacy	E	Perlmutter	Y	Wattenberg	N
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	N
Dennis	Y	Linkhart	N	Reeves	N	Wham	N
Dyer	Y	Martinez	Y	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	N	Sullivant	Y

YES 22		NO 13		EXCUSED 0		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	N	Tanner	Y
Andrews	N	Feeley	Y	Nichol	Y	Tebedo	N
Arnold	Y	Hernandez	Y	Owen	Y	Teck	N
Blickensderfer	N	Hillman	N	Pascoe	Y	Thiebaut	N
Chlouber	N	Lacy	Y	Perlmutter	Y	Wattenberg	N
Congrove	N	Lamborn	N	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	N	Matsunaka	Y	Sullivant	N

YES 33		NO 2		EXCUSED 0		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	N	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	N	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 29		NO 6		EXCUSED 0		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	N
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	N	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 35		NO 0		EXCUSED 0		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	Y	Rupert	Y	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 34		NO 1		EXCUSED 0		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	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	Y	Rupert	Y	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 31		NO 4		EXCUSED 0		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	N	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	N
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 32		NO 3		EXCUSED 0		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	Y
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	Y	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y