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SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

30^th Legislative Day Thursday, February 4, 1999

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

Order

Prayer By the chaplain, Reverend Dr. Marjorie Lewis, New Hope Baptist Church of Denver.

Roll Call Present--Total, 28.

Absent/Excused--Blickensderfer, Evans, Feeley, Martinez, Matsunaka, Tebedo, Weddig--Total, 7.

Present later--Evans, Martinez, Tebedo, Weddig.

Quorum The President announced a quorum present.

Reading of On motion of Senator Teck, reading of the Journal of February 3^rd was

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

COMMITTEE OF REFERENCE REPORTS

Education After consideration on the merits, the committee recommends that SB99-100 be

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

Amend printed bill, page 12, line 5, change the semi­colon to a period;

strike lines 6 through 8.

Page 14, line 2, strike "SECTION" and substitute "PARAGRAPH (h)";

after line 6, insert the following:

"(I)  TO CONTRACT WITH ANY PUBLIC OR PRIVATE ENTITY, INCLUDING BUT NOT LIMITED TO ANY INSTITUTION OF HIGHER EDUCATION, TO OVERSEE AND ADMINISTER THE STATE CHARTER SCHOOLS OF THE CHARTER SCHOOL DISTRICT. SUCH OVERSIGHT MAY INCLUDE, BUT NEED NOT BE LIMITED TO, REVIEWING CHARTER SCHOOL APPLICATIONS AND MAKING RECOMMENDATIONS TO THE CHARTER SCHOOL BOARD REGARDING WHETHER TO GRANT THE CHARTER.".

Reletter succeeding paragraph accordingly.

Page 17, line 23, strike "CURRICULUM," and substitute "GENERAL CURRICULUM, NOT INCLUDING SPECIFIC TEXTBOOKS,".

Page 26, strike lines 2 through 26.

Strike page 27.

Page 28, strike lines 1 through 9.

Renumber succeeding sections accordingly.

Page 33, strike lines 22 through 24 and substitute the following:

"SECTION 9. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".

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

portation referred favorably to the Committee on Appropriations: SB99-164

Trans- After consideration on the merits, the committee recommends that SB99-079 be

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

with favorable recommendation:

Amend printed bill, page 8, line 25, strike "A VEHICLE SHALL NOT REMAIN PARKED";

strike line 26.

Page 11, line 14, strike "WITH OR WITHOUT CAUSE".

Page 14, after line 17, insert the following:

"SECTION 5. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the distributive data processing fund not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 1999, the sum of one hundred forty-two thousand eight hundred dollars ($142,800) or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding sections accordingly.

Page 1, line 102, strike "DISABILITIES.", and substitute "DISABILITIES, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: SB99-115

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB99-116

Judiciary After consideration on the merits, the committee recommends that SB99-131 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, strike line 2 and substitute the following:

"SECTION 1. 16­11­311 (10) (a) and (13), Colorado Revised Statutes, are";

strike line 7 and substitute the following:

"corrections ­ repeal. (10) (a)  On or before January 30, 1999, AND ON OR BEFORE EACH JANUARY 30 THEREAFTER, the department of corrections shall submit a report to the house and senate judiciary committees concerning the youthful offender system containing:

(I) A summary of the recidivism rate for offenders who complete the programs in the youthful offender system that tracks such offenders for five years following release from the youthful offender system; as well as

(II) An accounting of the amount ANNUALLY spent per offender for each of the first five years of operation of SENTENCED TO the youthful offender system; AND

(III) AN EVALUATION OF THE OPERATIONS OF THE YOUTHFUL OFFENDER SYSTEM.

(13) This section is repealed, effective June 30,".

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

Natural referred favorably to the Committee of the Whole: SB99-111

Resources

and Energy

______________________________

On motion of Senator Chlouber, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Thursday, February 4, was laid over until Friday, February 5, retaining its place on the calendar.

______________________________

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

State, After consideration on the merits, the committee recommends that SB99-090 be

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

and Military with favorable recommendation:

Affairs

Amend printed bill, page 11, line 11, after "MEMBERS.", add "PARTICIPATION IN THE HEALTH CARE PROGRAM BY AN EMPLOYER SHALL BE VOLUNTARY AND IN THE EMPLOYER'S SOLE DISCRETION AND SHALL NOT BE MANDATORY FOR THE EMPLOYER.".

State, After consideration on the merits, the committee recommends that SB99-171 be

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

and Military with favorable recommendation:

Affairs

Amend printed bill, page 2, after line 26, insert the following:

"SECTION 3. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the office of the governor, for the fiscal year beginning July 1, 1999, the sum of eighty-seven thousand five hundred dollars ($87,500) or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "GOVERNMENT." and substitute "GOVERNMENT, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

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

Veterans, postponed indefinitely: SB99-058

and Military

Affairs

SIGNING OF RESOLUTIONS

The President has signed: HJR99-1010.

On motion of Senator Musgrave, the Senate adjourned until 9:00 a.m., Friday,

February 5, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate