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

Page247

 

SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

38th Legislative Day Friday, February 12, 1999

 

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

Order

Prayer By the chaplain, Rev. Arlyn Tolzmann, Holy Cross Lutheran Church,

Wheat Ridge.

Roll Call Present--Total, 28.

Absent/Excused--Dennis, Hillman, Perlmutter, Rupert, Thiebaut, Wham--Total, 6.

Vacancy--Total, 1

Present later--6ennis, Perlmutter, Thiebaut, Wham.

Reading of

Journal On motion of Senator Teck, reading of the Journal of February 12th was dispensed with and the Journal stands approved as corrected by

the Secretary

Quorum The President announced a quorum present.

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-199, 200; also SJR 12.

Services

COMMITTEE OF REFERENCE REPORTS

 

Business After consideration on the merits, the committee recommends that Affairs SB99-099 be amended as follows and, as so amended, be referred to

the Committee of the Whole with and Labor favorable recommendation:

Amend printed bill, page 2, strike lines 2 and 3, and substitute the

following:

"SECTION 1. 12-61-101 (4) (f), Colorado Revised Statutes, is

amended, and the said 12-61-101 (4) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:";

line 4, strike "Definitions - repeal." and substitute Definitions.";

after line 7, insert the following:

"(f) Any person, firm, partnership, limited liability company,

association, or corporation or any employee or authorized agent

thereof, engaged in the act of NEGOTIATING, acquiring, purchasing,

assigning, exchanging, selling, LEASING, or dealing in oil and gas or other mineral leases or interests therein or other severed mineral or royalty interests in real property, INCLUDING EASEMENTS, RIGHTS-OF-WAY, PERMITS, LICENSES, AND ANY OTHER INTERESTS IN REAL PROPERTY FOR OR ON BEI-LALF OF A THIRD PARTY, FOR THE PURPOSE OF, OR FACILITIES RELATED TO, INTRASTATE AND INTERSTATE PIPELINES FOR OIL, GAS, AND OTHER PETROLEUM PRODUCTS, FLOW LINES, GAS GATHERING SYSTEMS, NATURAL GAS STORAGE AND DISTRIBUTION;";

strike lines 8 through 21, and substitute the following:

"(q) ANY PERSON, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, OR CORPORATION OR ANY EMPLOYEE OR AUTHORIZED AGENT THEREOF, ENGAGED IN THE ACT OF NEGOTIATING, PURCHASING, ASSIGNING, EXCHANGING, SELLING, LEASING, OR ACQUIRING RIGHTS-OF-WAY, PERMITS, LICENSES, AND ANY OTHER INTERESTS IN REAL PROPERTY FOR OR ON BEHALF OF A THIRD PARTY FOR THE PURPOSE OF, OR FACILITIES RELATED TO:

(I) TELECOMMUNICATION LINES;

(II) WIRELESS COMMUNICATION FACILITIES;

 

 

Page 248 Senate Journal-3 8th Day-February 12, 1999

SB 99-099 (II) CATV;

(Cont.)

(IV)ELECTRICGENERATION,TRANSMISSIONS,ANDDISTRIBUTIONLINES; AND

(V) WATER DIVERSION, COLLECTION, DISTRIBUTION, TREATMENT, AND STORAGE OR USE.".

Page 3, strike lines I through 15.

Renumber succeeding sections accordingly.

Page 3, line 17, strike "THE FOLLOWING" and substitute "A";

line 18, strike "SECTIONS" and substitute "SECTION";

strike lines 19 through 26.

Page 4, strike lines I through 12;

line 23, strike "EDUCATION," and substitute "EDUCATION AND";

strike line 24, and substitute the following:

"NOT LIMITED TO BROKERS AND".

Page 5, strike lines 9 and IO, and substitute the following:

"amended to read:".

Page 6, strike lines 2 through 26.

Page 7, strike lines 1 through 9, and substitute the following:

"SECTION 4. 12-61-103.6, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:";

strike lines 12 through 25, and substitute the following:

"available - effect - repeal.".

Page 8, strike lines 3 through 14.

Renumber succeeding sections accordingly.

Page 10, strike lines 4 through 26.

Page 11, strike lines 1 through 6.

Renumber succeeding sections accordingly.

Page 14, strike lines 14 through 26, and substitute the following:

"SECTION 12. 12-61-307, Colorado Revised Statutes, is amended to

read:

12-61-307. Automatic revocation of license reinstatement.

(1)Should the real estate commission pay from the fund any amount in

settlement of a claim or toward satisfaction of a judgment against a licensed broker or salesperson, either by administrative order or by order of the court, the license of the broker or salesperson shall be automatically revoked upon the final date of such order.

    1. No such broker or salesperson shall be eligible to be

licensed again until such broker or salesperson has repaid in full, plus interest at the statutory rate, the amount paid from the fund on the broker or salesperson's account AND ONE YEAR HAS PASSED FROM THE DATE OF REVOCATION.".

Page 15, strike lines 1 through 6.

Renumber succeeding sections accordingly.

Senate Journal-38th Day-February 12, 1999 Page 249

 

SB 99-099 Page 15, strike lines 12 through 23.

(Cont.)

Renumber succeeding sections accordingly.

Page 16, strike lines 14 through 24.

Renumber succeeding sections accordingly.

 

On motion of Senator Blickensderfer, and with the unanimous consent of the Senate, the Lincoln Birthday remarks of Former Senator Bill Schroeder are printed below.

 

Mr. President, Members of the Senate, and Guests:

This morning I'm here to talk to you about our 16' President, Abraham Lincoln. Abe remembers little from his early years 'in Kentucky. The family Bible told him that he had been born on the 12 Day of February, 1809, in a back woods cabin three miles south of Hodgenville. Lincoln accomplishments are reported in just about every way possible, including electronically on the we I wonder what he would think if he could see what our country has accomplished, how readily information is available and how quickly we can communicate with each other and between the North and the South.

I've acquired numerous books about our 16' President, each one adding some of the same thoughts plus new interpretation of his life. One such book, "Abraham Lincoln -- Selected Speeches, Messages and Letters", by Professor T. Harry Williams (I 909 -1979) reflected some of the following thoughts and it appeared to me that they reflect a little on our present times.

If Abraham Lincoln had been asked what his philosophy of politics was, he probably would have been amused. If he had been asked if he possessed an ideology, he would have been amazed. Indeed, he would not have comprehended the meaning of that modem term. Lincoln believed deeply in certain principles, but he never assumed to erect his opinions into a philosophy or a doctrine. Nor did he believe that because he happened to hold a particular office, even the highest in the American political system, he had the right to translate his opinions into action or law and thus impose them on other people. Lincoln distrusted people who had rigid, preconceived theories about human nature or society, who had neat blueprints for abrupt and sweeping changes in social organization, and who proposed to put their plans into effect regardless of opposition or consequences. It was his dislike of theoretical change that led him to oppose the abolitionist, those nineteenth-century idealist who wanted to strike down slavery immediately even though the result might be to destroy the nation.

In his political thinking Lincoln was a pragmatist in the best tradition of British and American politics. He had his principles and he held to them, but he did not attempt to force them on others merely because they were his. He believed in making needed changes at the night time --changes that were night and moral but that were also demonstrably sound in the light of social experience and present realities. Lincoln's concept of how change should come may be illustrated by using the figure of a machine. If something seems to be wrong with the machine -- the nation, the Union --

what do you do? Some would say, don't tinker with it, you may ruin it. Others would say, throw it away and get a new one. Lincoln's notion, which has been the guiding principle of all the great American political leaders, was to make a change in the machine: remove the defective part and add a needed new one -- all at the right moment. But, whatever you do, keep the machine going; don't make any change that will destroy it. In order to keep the machine of the Union operating before 1860, Lincoln was willing to tolerate, for a time, the institution of slavery, of which he disapproved. "Much as I hate slavery," he said, "I would consent to the extension of it rather than to see the Union dissolved, just as I would consent to any great evil, to avoid a greater one."

Four primary principles are apparent in Lincoln's thought. They formed the core or the basis of American political philosophy in the middle period of the nineteenth century; they were the common beliefs of most Americans. Lincoln took them from his environment and made them his own. Those four principles are:

(1)Some supernatural force, God or a Guiding Providence, largely directed the affairs of men.

(2)Man possessed a higher nature. He could reason, and he could distinguish night from wrong. Hence, he was capable of governing himself and of achieving almost unlimited social progress.

(3) The most efficient economic system was one in which most people owned property. All men should strive to secure property. Some would get more than others, which was the way the system

 

Page 250 Senate Joumal-3 8th Day-February 12, 1999

 

was supposed to work. But there must be equal opportunity for all; no class or group should enjoy special privileges.

(4) The American Union, the world's greatest democracy. It is the supreme demonstration of democracy and the hope of world democracy. The Union is precious because it made men free in the United States and would, by the force of example, eventually make them free everywhere. It must, therefore, be sustained and preserved-regardless of hazard or cost.

Lincoln attested his devotion to these principles in document after document. He believed that the two great documents in the American experience, the Declaration of Independence and the Constitution, reflected the spirit of Divine law and hence would endure forever. "I hold", he said in the First Inaugural, "that in contemplation of universal law, and of the Constitution, the Union of these states is perpetual."

In his writings there is no evidence of the fear that plagued some conservatives of his time: the fear of the tyranny of numbers. "Why should there not be a patient confidence in the ultimate justice of the people?" he asked. "Is there any better, or equal hope, in the world?" He believed that the American system of government established such a balance between the central government and the component parts of the nation that no majority produced by the hysteria of a moment could ever prevail. "A majority, held in restraint by constitutional checks, and limitations, and always changing easily, with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people," he said. "Whoever rejects it, does of necessity, fly to anarchy or to despotism".

Lincoln's economic ideas were completely the product of his environment. They may be described as the views of the small capitalist -- the farmer or the shopkeeper. The economy Lincoln knew, large numbers of people owned property, and they operated their property to make a living. Many owners of property were also laborers; that is, they worked in their own establishments. Lincoln admired the American economic system because he thought that it offered to all men an equal opportunity to acquire property. Always Lincoln denied that labor was a fixed class in American society or that there was a permanent gulf between employers and workers. Most men, he contended, worked as laborers to obtain capital to become employers or to enter a profession -- as he himself had done. "I take it that it is best for all to leave each man free to acquire property as fast as he can," he said. "I don't believe in a law to prevent a man from getting rich; it would do more harm than good.... When one starts poor, as most do in the race of life, free society is such that he knows he can better his condition..."

The fourth principal in the American philosophy -- the exaltation of the American Union-- was tile one that aroused Lincoln's deepest devotion. This principle stimulated his thinking more than the others, and to it he gave a significant and original extension. Other countries are held together by culture, tradition, or race, but the Union rested on the principle of equality of opportunity, stated in the Declaration of Independence and inherent in the American social system. At Independence Hall in Philadelphia in 1861, on his journey to Washington to be inaugurated president, Lincoln paid tribute to the meaning of America's great idea, "that sentiment ... which gave liberty not alone to the people of this country, but hope to the world for all future time. It was that which gave promise that in due time the weights would be lifted from the shoulders of all men, and that all should have an equal chance." You see, the American Union had a world mission: to demonstrate by example that democracy would work, that democracy was the best system of government for free men. Always he attempted to show that preservation of the Union was important for the universal family of mankind. The war was "a people's contest," to maintain in the world "that form and substance of government, whose leading object is, to elevate the condition of men." The Union was "the last, best hope of earth;" it represented "man's vast future."

The great issue which history associates with Lincoln's name is slavery. He was opposed to slavery on moral, political, and economic grounds. He believed that the presence of the institution weakened the ideal and the reality of American democracy. He also opposed the abolitionists, who wanted to destroy it immediately. He disliked and distrusted them because they had a theory of change, and wanted to enforce their theory on others regardless of the effects. He condemned their readiness to force abolition on a reluctant South and their refusal to consider the practical problems that would follow. Above all, he was appalled by their willingness to give up the Union if they could not have their way. They were extremists, he thought, and fully as dangerous as the most aggressive advocates of slavery expansion.

At an early date in his career he formulated his views on slavery and never seriously modified them. They were embodied in resolutions which he and a colleague presented in the Illinois legislature in 1837 declaring that slavery was founded on "injustice and bad policy" but that Congress had no legal power to interfere with it in the states where it existed. Then in 1854 something happened that changed the picture for Lincoln, and changed the course of his life. Congress passed the Kansas-Nebraska Act, which provided for the organization of two new territories, Kansas and Nebraska, in a region where by the terms of the Missouri Compromise of 1820, slavery had been excluded. The measure repealed the earlier act and permitted slaveholders to move into the territories. The status of slavery in these areas would be determined by "popular sovereignty" --

 

Senate Joumal-38th Day-February 12, 1999 Page 251

 

the recipe of one Senator Stephen A. Douglas, which meant that the legislatures of the territories would decide whether slavery should be permitted. The Kansas-Nebraska Act jolted Lincoln. From 1854 until his nomination for the presidency in 1860, he was on the campaign trail almost constantly warning the country of the designs of the slavocracy and of the effects the success of those designs would have on the democratic ideal.

As President of the United States during the Civil War, Lincoln was charged with a great task, a more difficult one than any other American leader before or since has been called upon to meet. His task was to preserve a nation. He had to bring the seceded states back into the Union, to conduct a bloody civil war, and to maintain a basic unity of purpose among his own divided people. Lincoln was able to fulfill his mission because he possessed the five qualities that Profess Allan Nevins (1 890 - 197 1) has called the conditions of statesmanship: intellectual power, moral strength, an instinct for the spirit and needs of his time, an instinctive understanding of the masses, and, in order to mold public opinion, and Lincoln's passion for democracy. To Lincoln, preservation of the Union was the paramount objective of the war. The Union dwarfed all other issues, including slavery. He intended to save the nation by whatever methods seemed most likely to succeed. As he told Horace Greeley in his famous reply to that editor's plea for an emancipation policy, his primary purpose was to maintain the Union and was not either to destroy or to save slavery. At the same time Lincoln understood clearly that slavery was the provoking cause of the war. It was, he said, "the disturbing element"; it would always stimulate trouble until it was removed.

In closing, let me remind you of Lincoln's comments to the weary soldiers of the 166th Ohio Regiment.

It is not merely for today, but for all time to come, that we should perpetuate for our children's children that great and free government which we have enjoyed all our lives. I beg you to remember this, not merely for my sake, but for yours. I happen, temporarily, to occupy this White House. I am a living witness that any one of your children may look to come here as my father's child has. It is in order that each one of you may have, through this free government which we have enjoyed, an open field and fair chance for your industry, enterprise, and intelligence; that you may all have equal privileges in the race of life, with all its desirable human aspirations. It is for this, the struggle should be maintained, that we may not lose our birthright

 

Senate in recess.

Senate reconvened.

Committee On motion of Senator Owen, the Senate resolved itself into

of the Committee of the Whole for consideration of General Orders and

Whole Senator Owen was called to the Chair to act 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:

SB99-094 by Sen. Feeley; Rep. Gagliardi--Government Fiscal Data Sharing

Ordered engrossed and placed on the calendar for Third Reading and

Final Passage.

SB99-091 by Sen. Hillman--County Land Use Regulation Referendum

Laid over until Monday, February 15, retaining its place on the

calendar.

SB99-052 by Sen. Congrove; Rep. King--Charter School Revisions

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, January 29, page 135.)

Amendment No. 1, by Senator Pascoe

Amend the committee amendment, as printed in Senate Journal, January

29, page 135, strike lines 49 and 50 and substitute the following:

 

 

Page 252 Senate Journal-38th Day-February 12, 1999

SB 99-052 "line 25, strike "EXCEPT AS OTHERWISE PROVIDED IN SECTION 22-30.5-

(Cont.) 104.5,".

Page 4, line 1, after the period, add "FOR PURPOSES OF THIS SECTION,

AN ON-LINE PROGRAM CREATED PURSUANT TO SECTION 22-30.5-104.5 SHALL

NOT BE DEEMED TO BE HOME-BASED.";";

line 52 of the committee amendment, strike "Page 4,".

Amendment No. 2, by Senator Evans

Amend the committee amendment, as printed in Senate Journal, January

29, page 135, line 41, strike "after line 21, insert" and substitute

"strike lines 22 and 23 and substitute";

line 47 of the committee amendment, strike "(9).";" and substitute

"(9).";

after line 47 of the committee amendment, insert the following:

"SECTION 2. 22-30.5-104 (1), Colorado Revised Statutes, is amended, and the said 22-30.5-104 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:";";

after line 50 of the committee amendment, insert the following:

"Page 4, after line 1, insert the following:

"(4.5) CHARTER SCHOOLS SHALL BE DEFINED IN THE CHARTER GRANTED BY THE SCHOOL DISTRICT AS LEGAL ENTITIES CAPABLE OF CONTRACTING AND ENTERING INTO DEBT AND WHICH MAY QUALIFY AS A NONPROFIT CORPORATION PURSUANT TO 26 U.S.C. SEC. 501 (c) (3) OF THE FEDERAL "INTERNAL

REVENUE CODE OF 1986", AS AMENDED.";";

line 52, strike "Page 4,".

As amended, ordered engrossed and placed on the calendar for Third

Reading and Final Passage.

 

SB99-014 by Sen. Lamborn; Rep. McElhany--Preempt Local Minimum Wage Laws

Laid over until Monday, February 15, retaining its place on the

calendar.

SB99-170 by Sen. Phillips--Citizen Fin Protection For Y2K Problems

Laid over until Monday, February 15, retaining its place on the

calendar.

SB99-021 by Sen. Linkhart; Rep. Hagedorn--County Duty To Adopt Policies

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, February 5, page 190.)

As amended, ordered engrossed and placed on the calendar for Third

Reading and Final Passage.

SB99-114 by Sen. Phillips; Rep. Mitchell--Pre-tax Dollars To Pay For Health

Ins

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

(Printed in Senate Journal, February 5, page 191.)

As amended, ordered engrossed and placed on the calendar for Third

Reading and Final Passage.

SB99-137 by Sen. Evans; Rep. Alexander--Authority Over Animals In Shelters

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

Amendment (Printed in Senate Journal, February 5, page 194.)

As amended, declared LOST on second reading. (For further action,

see pages 254-255 where the Evans amendment to the Report of the

Committee of the Whole was adopted and SB99-137, as amended, was

ordered engrossed and placed on the calendar for Third Reading and

final Passage.)

 

 

Senate Joumal-38th Day-February 12, 1999 Page253

SB99-140 by Sen. Pascoe; Rep. Sullivant--Fire Safety Advisory Board

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

Amendment

(Printed in Senate Journal, February 8, page 204.)

As amended, ordered engrossed and placed on the calendar for Third

Reading and Final Passage.

SB99-120 by Sen. Weddig; Rep. Alexander--Prescription Processing Requirements

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

Amendment

(Printed in Senate Journal, February 5, pages 190-191.)

Amendment No. 2, by Senator Weddig

Amend printed bill, page 2, line 4, strike "LEGIBLY".

Amendment No. 2, by Senator Weddig

Amend the committee amendment, as printed in Senate Journal,

February 5, page 190, strike lines 62 through 72, and substitute

the following:

IF A PRESCRIPTION ORDER INCLUDES A DESCRIPTION OF THE PURPOSE FOR

THE PRESCRIPTION OR THE SYMPTOMS BEING TREATED, THE PHARMACIST SHALL

SET FORTH SUCH INFORMATION ON THE LABEL OF THE DRUG. ALL DRUGS

DISPENSED PURSUANT TO A PRESCRIPTION ORDER SHALL INCLUDE SUCH

INFORMATION UNLESS THE PATIENT, THE PATIENT'S REPRESENTANVE, OR THE

PATIENT'S CARF,GIVER REQUESTS OTHERWISE. THE PURPOSE FOR SUCH DRUG

LABEL SHALL BE TO ASSIST THE PATIENT OR THE PATIENT'S CAREGIVER IN

DISTINGUISHING ONE PRESCRIBED MEDICATION FROM ANOTHER.".".

Page 191, strike lines 1 through 3.

As amended, declared LOST on second reading. (For further action,

see pages 254-255 where the Weddig amendment to the Report of the

Committee of the Whole was adopted and SB99-120, as amended, was

laid over to Monday, February 15, retaining its place on the

calendar.)

SB99-161 by Sen. Tebedo; Rep. Berry--Work Comp Reduction For Drugs & Alcohol

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

Amendment

(Printed in Senate Journal, February 8, page 204.)

As amended, referred to the Committee on Business Affairs and Labor.

(For further action, see pages 254-255 where the Tebedo amendment to

the Report of the Committee of the Whole was adopted and SB99-161,

was amended, was laid over to February 15.)

SB99-025 by Sen. Reeves; Rep. S. Johnson--Elections Code Time Requirements

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

Amendment

(Printed in Senate Journal, February 8, pages 204-205.)

As amended, ordered engrossed and placed on the calendar for Third

Reading and Final Passage.

SB99-133 by Sen. Lamborn; Rep. McPherson--Property Rights Violation Atty Fees

Referred to the Committee on Appropriations.

SB99-159 by Sen. Musgrave; Rep. Mitchell--Marriages Between One Man & One

Woman

Laid over until Monday, February 15, retaining its place on the

calendar.

HB 99-1106 by Rep. Grossman; Senator Wattenberg-Enactment of 1998 C.R.S.

Ordered revised and placed on the calendar for Third Reading and

Final Passage.

 

Page 254 Senate Joumal-38th Day-February 12, 1999

 

SB99-123 by Sen. Teck; Rep. Lee--Insurance Assignments

Amendment No. 1. Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 10, page 226.)

As amended, ordered engrossed and placed on the calendar for Third

Reading and Final Passage.

SB99-168 by Sen. Martinez; Rep. Tate--Colorado Employment Discrimination Laws

Laid over until Monday, February 15, retaining its place on the

calendar.

SB99-118 by Sen. Epps; Rep. Alexander--Alcohol Beverage Tastings

Laid over until Monday, February 15, retaining its place on the

calendar.

HB99-1080 by Rep. Smith; Senator Epps--PERA Purchase Of Service Credit

Ordered revised and placed on the calendar for Third Reading and

Final Passage.

SB99-106 by Sen. Phillips; Rep. Gotlieb--Prohibit Hazing

Laid over until Monday, February 15, retaining its place on the

calendar.

SB99-119 by Sen. Wham--HIV Testing Information

Laid over until Friday, February 19, retaining its place on the

calendar.

SB99-172 by Sen. Lacy; Rep. Tool--Tobacco Litigation Settlement Fund

Laid over until Monday, February 15, retaining its place on the

calendar.

SB99-174 by Sen. Grampsas-Repeal Sale Of ID Photos

Amendment No. 1, Finance Committee Amendment

(Printed in Senate Journal, February 10, page 233.)

As amended, ordered engrossed and placed on the calendar for Third

Reading and Final Passage.

AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE

SB99-137 by Sen. Evans; Rep. Alexander--Authority Over Animals In Shelters

Senator Evans moved to amend the Report of the Committee of the

Whole to show that SB99-137, as amended, did pass. A majority of

all members elected to the Senate having voted in the affirmative,

the amendment was adopted.

SB99-120 by Sen. Weddig; Rep. Alexander--Prescription Processing Requirements

Senator Weddig moved to amend the Report of the Committee of the

Whole to show that SB99-120, as amended, was laid over to Monday,

February 15, 1999. A majority of all members elected to the Senate

having voted in the affirmative, the amendment was adopted.

SB99-161 by Sen. Tebedo; Rep. Berry--Work Comp Reduction For Drugs & Alcohol

Senator Tebedo moved to amend the Report of the Committee of the

Whole to show that SB99-161, as amended, was laid over to February

A majority of all members elected to the Senate having voted

in the affirmative, the amendment was adopted.

 

Senate Joumal-38th Day-February 12, 1999 Page 255

 

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Owen, the Report of the Committee of the Whole,

as amended, was adopted and, a majority of all members elected

having voted in the affirmative, the following action was taken:

SB99-94, HB99-1106, HB99-1080 declared passed on Second Reading.

SB99-52, as amended, 99-21, as amended, 99-114, as amended, 99-146,

as amended, 99-25, as amended, 99-123, as amended, 99-174, as

amended, 99-137, as amended, declared passed on Second Reading.

SB99-91,- 99-14, 99-170, 99-159, SV9-168, 99-118, 99-106, 99-172,

99-120, laid over until Monday, February 15, retaining their place

on the calendar.

SB99-119, laid over until Friday, February 19, retaining its place

on the calendar.

SB99-161, referred to the Committee on Business Affairs and Labor.

SB99-133, referred to the Committee on Appropriations.

 

COMMITTEE OF REFERENCE REPORTS

Agriculture, After consideration on the merits, the committee recommends

Natural that SB99-143 be amended as follows and, as so amended be

Resources referred to the Committee of the Whole with favorable

and Energy recommendation:

Amend printed bill, page 2, strike lines 4 through 9, and substitute

the following:

"6-1-113. Damages. (1) The provisions of this article shall be available to any person in a civil action for any claim against any person who has engaged in or caused another to engage in any deceptive trade practice listed in section 6-1-105 or 6-1-105 THIS

ARTICLE. AN ACTION UNDER THIS SECTION SHALL BE AVAILABLE TO ANY PERSON WHO:

    1. IS AN ACTUAL OR POTENTIAL CONSUMER OF THE DEFENDANT'S GOODS, SERVICES, OR PROPERTY; OR
    2. IS A SUCCESSOR IN INTEREST TO AN ACTUAL CONSUMER WHO PURCHASED THE DEFENDANT'S GOODS, SERVICES, OR PROPERTY; OR

(c) IN THE COURSE OF THE PERSON'S BUSINESS OR OCCUPATION, IS INJURED AS A RESULT OF SUCH DECEPTIVE TRADE PRACTICE.";

strike line 17, and substitute the following:

"(b) THREE TIMES THE AMOUNT OF ACTUAL";

line 18, strike "ONE THOUSAND" and substitute "FIVE THOUSAND";

strike lines 20 and 2 1, and substitute the following:

"(c) EXEMPLARY DAMAGES AS SET FORTH IN SECTION 13-21-102,

C.R.S., IF THE COURT OR JURY FINDS THAT THE INJLJRY

COMPLAINED OF IS ATTENDED BY CIRCUMSTANCES OF FRAUD, MALICE,

OR WILLFUL AND WANTON CONDUCT; PLUS".

Page 3, strike lines 6 through 18, and substitute the following:

"section 6-1-105(1)(qq).";

strike line 26.

Page 4, strike lines 1 through 9.

Renumber succeeding sections accordingly.

Page 11, line 15, strike "(1) (p),";

strike lines 20 through 22;

line 23, strike "(b)" and substitute (a)".

Page 12, line 4, strike "(b)" and substitute "(a)";

 

Page 256 Senate Joumal-38th Day-February 12, 1999

SB 99-143 line 9, strike "(c)" and substitute "(b)";

(Cont.)

line 14, strike "(c)" and substitute "(b)";

line 18, strike "(c)" and substitute "(b)";

line 22, strike "(d)" and substitute "(c)".

Page 36, line 4, strike "(1) (p),".

 

Agriculture, After consideration on the merits, the committee recommends

Natural that the following be referred favorably to the Committee of

Resources the Whole: HB99-1055

and Energy

Agriculture, After consideration on the merits, the committee recommends

Natural that the following be referred favorably to the Committee of Resources the Whole: HB99-1054

and Energy

Agriculture, After consideration on the merits, the committee recommends Natural that the following be referred favorably to the Committee of Resources the Whole: HB99-1053

and Energy

Business After consideration on the merits, the committee recommends that Affairs HB99-160 be amended as follows and, as so amended, be referred to and Labor the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 9, after "A", insert "WRITTEN".

Page 3, line 4, strike "CONTRACT" and substitute "A WRITTEN

CONTRACT";

line 7, after "BY", insert "A WRITTEN";

line 9, after "BY", insert "A WRITTEN";

line 19, strike "CONTRACT" and substitute "A WRITTEN CONTRACT".

Page 4, line 1, after "BY", insert "A WRITTEN";

line 11, strike "CONTRACT" and substitute "A WRITTEN CONTRACT";

line 16, after "BY", insert "A WRITTEN";

line 26, after "BY", insert "A WRITTEN".

Page 5, line 11, strike "CONTRACT" and substitute "A WRITTEN

CONTRACT";

line 17, after "BY", insert "A WRITTEN";

line 23, strike "SECTION AND" and substitute "SECTION,".

Page 6, line 8, strike "(2)" and substitute "(2) (a)";.

line 10, after "CONTRACT", insert "IN WRITING";

after line 13, insert the following:

"(b) THE LENDER AND DEBTOR MAY CONTRACT IN WRITING THAT IF THE

LOAN IS SECURED BY AN INTEREST IN LAND AND THE LOAN IS PREPAID

WITHIN THE FIRST FIVE YEARS OF THE CONTRACT, THE LENDER MAY COLLECT

A PREPAYMENT CHARGE AT THE TIME OF A PREPAYMENT; EXCEPT THAT, NO

MORE THAN ONE PREPAYMENT CHARGE MAY BE COLLECTED ON ANY LOAN AND NO

PREPAYMENT CHARGE MAY BE COLLECTED IF THE LOAN IS REFINANCED OR

CONSOLIDATED WITH THE SAME LENDER, OR AN AFFILIATE OF THAT LENDER.";

line 22, strike "CONTRACT" and substitute "A WRITTEN CONMACT";

strike line 23 and substitute the following:

 

Senate Journl-38th Day-February 12, 1999 Page 257

SB 99-160 "PURSUANT TO A REVOLVING LOAN ACCOUNT. A LENDER MAY CONTRACT IN (Cont.) WRITING FOR AND RECEIVE A MINIMUM FINANCE CHARGE OF TWENTY-FIVE DOLLARS.".

Page 7, strike line 3, and substitute the following:

"A WRITTEN CONTRACT APPLIED TO THE UNPAID BALANCE OF THE PRINCIPAL. IF THERE IS AN UNPAID BALANCE ON THE DATE ON WHICH THE LOAN FINANCE CHARGE IS APPLIED, THE LENDER MAY CONTRACT IN WRITING FOR AND RECEIVE A MINIMUM FINANCE CHARGE NOT EXCEEDING FIFTY CENTS.";

line 8, after "CONTRACT", insert "IN WRITING".

Page 8, line 13, strike "CHARGES;" and substitute "CHARGES, HOWEVER DENOMINATED; AND";

line 16, strike "LOSS; AND" and substitute "LOSS.";

strike lines 17 through 19.

Page 9, strike lines 7 through 9 and substitute the following:

"SUBSECTION (1) OF THIS SECTION, THIS SECTION DOES NOT LIMIT, RESTRICT, OR PROHIBIT THE ASSESSMENT OF FINANCE CHARGES AUTHORIZED UNDER SECTION 5-3-508 (3.6), OR ANY OTHER CHARGES OR FEES AUTHORIZED IN ARTICLE I TO 6 OF".

strike lines 12 through 20 and substitute the following:

"(d) NOTWITHSTANDING THE FACT THAT THEY ARE NOT SUBJECT TO THE MAXIMUM RATE LIMITATION CONTAINED IN SUBSECTION (1) OF THIS SECTION, ALL OF THE FEES AND CHARGES DESCRIBED IN PARAGRAPHS (b) AND (C) OF THIS SUBSECTION (2), AND ALL OTHER AMOUNTS PERMITTED TO BE CHARGED UNDER THIS ARTICLE, ARE "INTEREST" AND ARE DEEMED TO BE MATERIAL TO THE DETERMINATION OF THE INTEREST RATE APPLICABLE TO AN EXTENSION OF CREDIT FOR PURPOSES OF SECTION 85 OF THE "NATIONAL BANK ACT" (12 U.S.C. SEC. 85) AND SEC. 521 OF THE "DEPOSITORY INSTITUTIONS DEREGULATION AND MONETARY CONTROL ACT OF 1980"(12 U.S.C. SEC. 1831d).

 

Education After consideration on the merits, the committee recommends that SB99-163 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 5, line 22, strike "VICE PRESIDENT FOR" and substitute "PRESIDENT OF";

line 23, strike "ACADEMIC AFFAIRS AND RESEARCH AT".

 

Education After consideration on the merits, the committee recommends that SB99-154 be amended as follows and, as so amended, be referred to the Conunittee on Appropriations with favorable recommendation:

Amend printed bill, page 3, strike lines 18 through 22 and substitute the following:

"(C) "INSTITUTION OF HIGHER EDUCATION" MEANS AN ACCEPTED INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION 22-60.5-102 (1).".

Page 4, line 6, after "COMMISSION", insert "AND WITH ANY NONPUBLIC HIGHER EDUCATION INSTITUTIONS THAT OFFER TEACHER PREPARATION PROGRAMS";

line 15, strike "TEACHERS;" and substitute "TEACHERS OR FACULTY MEMBERS;".

Page 5, strike lines 14 through 24 and substitute the following:

"(VI) THE ABILITY TO INTEGRATE TECHNOLOGY INTO INSTRUCTION AT THE GRADE LEVEL FOR WHICH THE TEACHER EXPECTS TO BE ENDORSED;

(VII) THE ABILITY TO ASSESS STUDENT PERFORMANCE;

 

 

Page 258 Senate Joumal-38th Day-February 12, 1999

SB 99-154 (VIII) THE ABILITY TO DEMONSTRATE A HIGH LEVEL OF

(Cont.) CONTENT AREA KNOWLEDGE AND PROFESSIONAL COMPETENCIES IN THE AREAS IDENTIFIED BY RULE OF THE STATE BOARD PURSUANT TO SECTION 22-60.5-203;";

line 25, strike "(i)" and substitute "(f)".

Page 6, line 26, after "2000,", insert "AND PRIOR TO JULY 1, 2003,".

Page 7, line 5, strike "THAT ENSURES" and substitute "TO ENSURE THAT, FOLLOWING THE INITIAL REVIEW,";

line 6, strike "EVERY THREE YEARS." and substitute "EVERY FIVE YEARS. THE STATE BOARD SHALL DESIGN THE SCHEDULE TO COINCIDE WITH REVIEWS OF INSTITUTIONS OF HIGHER EDUCATION BY ACCREDITING AGENCIES.";

after line 9, insert the following:

"(b) THE STATE BOARD SHALL BE RESPONSIBLE FOR REVIEW AND APPROVAL OF TEACHER PREPARATION PROGRAMS AS PROVIDED IN THIS SECTION. THE COMMISSION SHALL RETAIN RESPONSIBILITY FOR REVIEW AND APPROVAL OF PROGRAMS THAT LEAD TO A VOCATIONAL OR ACADEMIC DEGREE, AS PROVIDED IN SECTION 23-1-108, C.R.S. TO THE EXTENT THE STATE BOARD'S REVIEW AND APPROVAL OF A TEACHER PREPARATION PROGRAM COINCIDES WITH THE COMMISSION'S REVIEW AND APPROVAL OF A PROGRAM THAT LEADS TO A VOCATIONAL OR ACADEMIC DEGREE, THE STATE BOARD AND THE COMMISSION SHALL COLLABORATE IN THE REVIEW OF THE TEACHER PREPARATION PROGRAM. HOWEVER, THE STATE B0ARD SHALL RETAIN AUTHORITY FOR THE FINAL APPROVAL OR DISAPPROVAL OF THE TEACHER PREPARATION PROGRAM, AS PROVIDED IN THIS SECTION.".

Reletter succeeding paragraphs accordingly.

Page 7, line 11, after "BOARD", insert a comma;

line 12, strike "TO THE COMMISSION", and substitute "EACH PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL ALSO SUBMIT TO THE COMMISSION,";

line 14, after "COMMISSION", insert a comma;

strike line 15 and substitute the following:

"WITH REPRESENTATIVES FROM EACH NONPUBLIC INSTITUTION OF HIGHER EDUCATION THAT PROVIDES A TEACHER PREPARATION PROGRAM, AND WITH REPRESENTATIVES FROM THE GOVERNING BOARD OF EACH PUBLIC";

line 21, strike "PROGRAM," and substitute "PROGRAM AND TO";

line 22, strike "INSTITUT10N, AND THE COMMISSION." and substitute "INSTITUTION. IN ADDITION, THE STATE BOARD SHALL SUBMIT TO THE COMMISSION THE RESULTS OF EACH REVIEW OF A TEACHER PREPARATION PROGRAM PROVIDED BY A PUBLIC INSTITUTION OF HIGHER EDUCATION.".

Page 8, strike lines 4 through 9 and substitute the following:

"APPEALING EITHER ACTION. A TEACHER PREPARATION PROGRAM THAT IS PLACED ON PROBATION SHALL NOT ACCEPT NEW STUDENTS UNTIL THE STATE BOARD REMOVES THE TEACHER PREPARATION PROGRAM FROM PROBATIONARY STATUS. IF THE STATE BOARD DETERMINES THAT TERMINATION OF THE APPROVAL OF A TEACHER PREPARATION PROGRAM IS NECESSARY, THE STATE BOARD SHALL ALLOW ALL STUDENTS ENROLLED IN THE TEACHER PREPARATION PROGRAM AS OF THE DATE THE PROGRAM WAS PLACED ON PROBATION TO COMPLETE THE PROGRAM PRIOR TO TERMINATING APPROVAL OF THE PROGRAM.";

line 10, strike "22-60.5-201 (1) (b).";

line 11, after "PROGRAM", insert "PROVIDED BY A PUBLIC INSTITUTION OF HIGHER EDUCATION";

line 12, strike "PROGRAM." and substitute "PROGRAM PROVIDED BY A PUBLIC INSTITUTION OF HIGHER EDUCATION.".

line 21, after the period, add "THE ANNUAL REPORT SHALL ALSO INCLUDE

 

Senate Journal-38th Day-February 12, 1999 Page 259

 

SB 99-154 SUMMARIES OF THE REVIEWS OF TEACHER PREPARATION PROGRAMS

(Cont.) CONDUCTED PURSUANT TO THIS SECTION DURING THE PRECEDING YEAR AND THE RESULTS OF THE EVALUATION OF TEACHER PREPARATION PROGRAMS RECEIVED PURSUANT TO SECTION 22-60.5-116 FOR THE PRECEDING YEAR.".

Page 10, strike lines 6 through 26 and substitute the following:

"SECTION 2. 23-1-121, Colorado Revised Statutes, is

REPEALED AND REENACTED, WITH AMENDMENTS, to read:

23-1-121. Commission directive - teacher preparation programs. (1) THE GENERAL ASSEMBLY HEREBY FINDS THAT COMPREHENSIVE, HIGH QUALITY, STANDARDS-BASED TEACHER PREPARATION PROGRAMS THAT WILL ENSURE THAT PERSONS ENTERING THE TEACHING PROFESSION ARE EXPERT IN THEIR SUBJECT MATTER KNOWLEDGE AND PROFESSIONAL COMPETENCIES AND CAN DEMONSTRATE THE TEACHING SKILLS NECESSARY TO ADVANCE THE GOALS OF THE STANDARDS-BASED EDUCATIONAL EFFORTS OF THE PUBLIC SCHOOLS ARE CRUCIAL TO THE EDUCATIONAL SUCCESS OF THE STATE. THE GENERAL ASSEMBLY THEREFORE RECOGNIZES THE IMPORTANCE OF A CLEAR DELINEATION OF THE AUTHORITY FOR REVIEW AND APPROVAL OF TEACHER PREPARATION PROGRAMS. THE GENERAL ASSEMBLY FURTHER RECOGNIZES THE IMPORTANCE OF ENSURING THAT DEGREE PROGRAMS ARE DESIGNED TO OPERATE IN SUPPORT OF AND NOT IN CONFLICT WITH TEACHER PREPARATION PROGRAMS AND THE STANDARDS FOR TEACHER PREPARATION PROGRAMS.

(2) ANY TEACHER PREPARATION PROGRAM, AS DEFINED IN SECTION 22-2-109 (2)(e), C.R.S., PROVIDED BY AN INSTITUTION OF HIGHER EDUCATION SHALL BE SUBJECT TO REVIEW AND APPROVAL OF THE STATE BOARD OF EDUCATION AS PROVIDED IN SECTION 22-2-109, C.R.S. EACH PROGRAM THAT LEADS TO A VOCATIONAL OR ACADEMIC DEGREE SHALL BE SUBJECT TO REVIEW AND APPROVAL OF THE COMMISSION, AS PROVIDED IN SECTION 23-1-108, C.R.S. TO THE EXTENT THE STATE BOARD OF EDUCATION'S REVIEW AND APPROVAL OF A TEACHER PREPARATION PROGRAM COINCIDES WITH THE COMNESSION'S REVIEW AND APPROVAL OF A PROGRAM THAT LEADS TO A VOCATIONAL OR ACADEMIC DEGREE, THE STATE BOARD AND THE COMMISSION SHALL COLLABORATE IN THE REVIEW OF THE TEACHER PREPARATION PROGRAM. HOWEVER, THE STATE BOARD SHALL RETAIN AUTHORITY FOR THE FINAL APPROVAL OR DISAPPROVAL OF THE TEACHER PREPARATION PROGRAM, AS PROVIDED IN SECTION 22-2-109, C.R.S.

(3) IN SITUATIONS IN WHICH AN INSTITUTION OF HIGHER EDUCATION PROVIDES A TEACHER PREPARATION PROGRAM IN CONJUNCTION WITH A DEGREE PROGRAM, THE COMMISSION SHALL ADOPT RULES TO ENSURE THAT THE DEGREE PROGRAM IS DESIGNED TO OPERATE IN SUPPORT OF AND NOT IN CONFLICT WITH THE TEACHER PREPARATION PROGRAM AND THE STANDARDS ESTABLISHED FOR TEACHER PREPARATION PROGRAMS IN SECTION 22-2-109, C.R.S.".

Page 11, strike lines 1 through 5.

Page 12, line 26, strike "MAY" and substitute "SHALL COLLABORATE".

Page 13, line 1, strike "CONTRACT";

line 18, after the period, add "SUPERVISION FOR A TEACHER APPRENTICE SHALL INCLUDE AN ANNUAL MINIMUM OF ONE HUNDRED HOURS OF OBSERVATION AND SUPERVISION IN THE CLASSROOM.";

strike lines 21 through 24 and substitute the following:

"TWO YEARS. A SCHOOL DISTRICT MAY NOT EMPLOY AS A TEACHER APPRENTICE A PERSON WHO HAS NOT EARNED A BACCALAUREATE DEGREE; EXCEPT THAT A SCHOOL DISTRICT, WITH APPROVAL FROM THE STATE BOARD OF EDUCATION, MAY HIRE AS A TEACHER APPRENTICE A PERSON WHO DOES NOT HAVE A BACCALAUREATE DEGREE IF THAT PERSON HAS EXCEPTIONAL COMPETENCIES IN AN AREA OF INSTRUCTIONAL NEED FOR THE SCHOOL DISTRICT. ANY PERSON SO HIRED MAY BE EMPLOYED AS A TEACHER APPRENTICE FOR UP TO FOUR YEARS, DURING WHICH TIME THE PERSON SHALL OBTAIN A BACCALAUREATE DEGREE.

(C) ON COMPLETION OF THE TWO-YEAR OR".

Reletter succeeding paragraphs accordingly.

Page 14, line 5, after "MATHEMATICS", insert "AND AN ASSESSMENT OF SUBJECT

Page 260 Senate Joumal-38th Day-February 12, 1999

 

SB 99-154 MATTER KNOWLEDGE APPROPRIATE TO THE PERSON'S TEACHING

(Cont.) ASSIGNMENT";

line 7, strike "ASSESSMENT" and substitute "AND SUBJECT MATTER ASSESSMENTS";

line 11, strike "ASSESSMENT." and substitute "AND SUBJECT MATTER ASSESSMENTS.".

Education After consideration on the merits, the committee recommends that the following be postponed indefinitely: SB99-086

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

riations following be referred favorably to the Committee of the Whole: SB99-175

Approp- After consideration on the merits, the committee recommends that the riations following be referred favorably to the Committee of the Whole: SB99-176

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

riations following be referred favorably to the Committee of the Whole: SB99-177

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

riations SB99-178 be amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 7, in the ITEM & SUBTOTAL column, strike "2,163,836" and substitute "2,163,836" and, in the GENERAL FUND column, strike "2,070,836" and substitute "2,070,836";

after line 7, in the ITEM & SUBTOTAL column, insert 2,183,836" and, in the GENERAL FLTND column, insert "2,090,836".

Adjust affected totals accordingly.

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

riations following be referred favorably to the Committee of the Whole: SB99-179

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

riations following be referred favorably to the Committee of the Whole: SB99-180

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

riations following be referred favorably to the Committee of the Whole: SB99-181

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

riations following be referred favorably to the Committee of the Whole: SB99-182

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

riations following be referred favorably to the Committee of the Whole: SB99-183

Approp- After consideration on the merits, the committee-recommends that the riations following be referred favorably to the Committee of the Whole: SB99-184

Approp- After consideration on the merits, the committee recommends that the riations following be referred favorably to the Committee of the Whole: SB99-185

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

riations following be referred favorably to the Committee of the Whole: SB99-186

 

Senate Joumal-38th Day-February 12, 1999 Page 261

Approp- After consideration on the merits, the committee recommends that the riations following be referred favorably to the Committee of the Whole: SB99-187

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

riations SB99-188 be amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 14, line 9, in the ITEM & SUBTOTAL column, strike "94,100" and substitute "94,100";

after line 9, in the ITEM & SUBTOTAL column, insert " 133,300";

line 10, in the ITEM & SUBTOTAL column, strike "426,160" and substitute "426,160";

line 11, in the ITEM & SLTBTOTAL column, insert "465,360" and, in the CASH FUNDS EXEMPT column, strike "389,160(T)b" and insert "428,360(T)b".

Adjust affect totals and affected (T) notation totals accordingly.

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

riations following be referred favorably to the Committee of the Whole: SB99-189

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

riations following be referred favorably to the Committee of the Whole: SB99-190

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

riations following be referred favorably to the Committee of the Whole: SB99-191

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

riations following be referred favorably to the Committee of the Whole: SB99-192

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

riations following be referred favorably to the Committee of the Whole: SB99-193

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

riations following be referred favorably to the Committee of the Whole: SB99-194

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

riations following be referred favorably to the Committee of the Whole: SB99-195

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

riations following be referred favorably to the Committee of the Whole: SB99-196

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

riations SB99-197 be amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, strike lines 16 through 21 and substitute the following:

"of the state of Colorado, the sum of twenty-three million six hundred seventy-nine thousand three hundred forty dollars ($23,679,340), or so much thereof as may be necessary, of which amount twenty-three million five hundred seventy-

nine thousand three hundred forty dollars ($23,579,340) shall be out of any moneys in the general fund not otherwise appropriated and one hundred thousand dollars ($100,000)";

line 25, strike "$9,895,4561"' and substitute "$9,846,851

line 26, strike "FT)" and substitute "FTE)".

Page 3, line 1, strike "5,693,874" and substitute "5,638,193";

line 2, strike "FT)" and substitute "FTE)";

line 3, strike "1,012,767" and substitute "1,002,977";

line 4, strike 'FT)" and substitute "FTE)";

Page 262 Senate Journal-38th Day-February 12, 1999

 

SB 99-197 line 5, strike "3,701,646" and substitute "3,668,031

(Cont.)

line 6, strike "FT)" and substitute "FTE)";

line 7, strike "31557,885 and substitute "3,523,288

line 8, strike "FT)" and substitute "FTE)";

line 9, strike "$23,861,62811 and substitute "$23,679,340";

line 11, strike "$9,795,456" and substitute "$9,746,851".

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

riations SB99-001 be amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend the State, Veterans, and Military Affairs Committee amendment, as printed in Senate Journal, January 14, page'57, line 67, strike "shall" and substitute "may".

Page 58, line 1, strike "SHALL" and substitute "MAY";

line 19, strike "26 and substitute the following:" and substitute "26.";

strike lines 21 through 26;

strike lines 30 and 31.

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

riations following be referred favorably to the Committee of the Whole: SB99-009

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

riations following be referred favorably to the Committee of the Whole: SB99-012

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

riations following be referred favorably to the Committee of the Whole: SB99-034

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

riations following be referred favorably to the Committee of the Whole: SB99-050

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

riations following be referred favorably to the Committee of the Whole: SB99-074

INTRODUCTION OF BILL-FIRST READING

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

SB99-201 by Senators Lacy, Owen, Tanner; also Representatives Berry, Tool, Saliman-Conceming the operations of the Colorado state fair authority, and, in connection therewith, from the requirements of the "Procurement Code" which the board of commissioners of the authority may nonstate sources.

Agriculture, Natural Resources, and Energy

MESSAGE FROM THE HOUSE:

February 12, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1130, 1180 and 1210.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1096, amended as printed in House Journal, February 1O, page 415;

HB99-1097, amended as printed in House Journal, February 10, page 414;

HB99-1100, amended as Granted in House Journal, February IO, page 414;

HB99-1117, amended as printed in House Journal; February 10, page 416;

HB99-1160, amended as printed in House Journal, February 10, pages 412-414;

 

Senate Joumal-38th Day-February 12, 1999 Page 263

 

HB99-1162, amended as printed in House Journal, February 10, page 415;

HB99-1173, amended as printed in House Journal, February 10, pages 410-412;

HB99-1188, amended as printed in House Journal, February 10, page 412;

HB99-1191, amended as printed in House Journal, February 1O, page 414;

HB99-1228, amended as printed in House Journal, February 10, page 415;

HB99-1229, amended as printed in House Journal, February 1O, page 416.

APPOINTMENT BY THE PRESIDENT

February 12, 1999

Mr. Charles Brown

Executive Director

Legislative Council

State Capitol Building, Room 029

Denver, CO 80203

Dear Mr. Brown:

In accordance with Section 32-16-105, C.R.S., I am pleased to appoint the following individual to serve as a member of the Colorado Intermountain Fixed Guideway Authority:

Hugh C. Fowler

5945 West Mansfield Avenue

Denver, CO 80235-3157

Sincerely,

(Signed)

Ray Powers

 

 

 

 

On motion of Senator Blickensderfer, the Senate adjourned until I 0:00 a.m., Monday, February 15, 1999.

Approved:

 

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate