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

SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

48th Legislative Day Monday, February 22, 1999


Call to By the President at 10:00 a.m.

Order

Prayer By the chaplain, Rev. Gilbert Caldwell, Park Hill United Methodist Church, Denver.

Roll Call Present--Total, 32.

Absent/Excused--Congrove, Lacy, Wattenberg--Total, 3.

Present later--Congrove, Lacy.

Quorum The President announced a quorum present.

Reading of On motion of Senator Nichol, reading of the Journal of February 19th was

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


SENATE SERVICES REPORT

Senate Correctly engrossed: SB 99-063, 106, 129, 156.

Services

Correctly revised: HB 99-1014, 1062, 1063.


THIRD READING OF BILLS--FINAL PASSAGE

On Third Reading, the title of the following bills were publicly read, the reading at length having been dispensed with by unanimous consent:


HB 99-1012 by Rep. McKay; Senator Andrews --Adjust Res Real Prop Assessment Ratio

Laid over until Monday, March 1, retaining its place on the calendar.


SB 99-106 by Sen. Phillips; Rep. Gotlieb--Prohibit Hazing

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

YES 27


NO 5


EXCUSED 3


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

Y

Arnold

N

Hernandez

Y

Owen

N

Teck

Y

Blickensderfer

Y

Hillman

N

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

E

Perlmutter

Y

Wattenberg

E

Congrove

E

Lamborn

N

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

N


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

Co-sponsors added: Hernandez, Rupert, Weddig.



SB 99-063 by Sen. Musgrave; Rep. Lawrence--Veterans' Plates For Motor Homes

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

YES 32


NO 0


EXCUSED 3


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

E

Perlmutter

Y

Wattenberg

E

Congrove

E

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, Feeley, Hernandez, Hillman, Martinez, Nichol, Owen, Pascoe, Phillips, Rupert, Tebedo.

SB 99-129 by Sen. Nichol; Rep. Paschall--Public Transportation Fare Inspectors

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

YES 33


NO 0


EXCUSED 2


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

E

Perlmutter

Y

Wattenberg

E

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-sponsor added: Anderson.

HB 99-1063 by Rep. Dean; Senator Tebedo--Remarriage Penalty For Survivor Benefits

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

YES 33


NO 0


EXCUSED 2


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

E

Perlmutter

Y

Wattenberg

E

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: Congrove, Epps, Hernandez, Linkhart, Martinez, Musgrave, Nichol,

Pascoe, Phillips, Reeves, Rupert, Weddig.

HB 99-1062 by Rep. Berry; Senator Reeves--Increased FPPA Total Disability Benefits

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

YES 33


NO 0


EXCUSED 2


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

E

Perlmutter

Y

Wattenberg

E

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: Epps, Hernandez, Linkhart, Nichol, Pascoe, Phillips, Powers, Rupert, Tebedo.

HB 99-1014 by Rep. Coleman; Senator Lamborn--Magnetic Media Taxpayer Filing Reqs

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

YES 33


NO 0


EXCUSED 2


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

E

Perlmutter

Y

Wattenberg

E

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-sponsor added: Tebedo.

SB 99-156 by Sen. Musgrave; Rep. McKay--Carrying Concealed Weapons

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

YES 20


NO 13


EXCUSED 2


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

N

Andrews

Y

Feeley

N

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

N

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

N

Thiebaut

N

Chlouber

Y

Lacy

E

Perlmutter

N

Wattenberg

E

Congrove

Y

Lamborn

Y

Phillips

N

Weddig

N

Dennis

Y

Linkhart

N

Reeves

N

Wham

Y

Dyer

Y

Martinez

N

Rupert

N

Mr. President

Y

Epps

Y

Matsunaka

N

Sullivant

Y


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

Co-sponsors added: Chlouber, Tebedo.

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

of the for consideration of General Orders and Senator Congrove 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:

SB 99-072 by Sen. Nichol; Rep. Kaufman--Access To Ballot By Petition

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

(Printed in Senate Journal, February 11, page 240.)

Amendment No. 2, by Senator Nichol

Amend printed bill, page 1, line 2, strike "(2) (a), (2) (c) (II), and";

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

strike line 5.

Page 2, strike lines 1 through 16.

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

SB 99-119 by Sen. Wham--HIV Testing Information

Laid over until Tuesday, February 23, retaining its place on the calendar.

SB 99-161 by Sen. Tebedo; Rep. Berry--Work Comp Reduction For Drugs & Alcohol

(Amended in General Orders as printed in Senate Journal, February 12, page 253 and 254.)

Amendment No. 1, by Senator Tebedo

Amend printed bill, page 2, line 3, strike "0.04 PERCENT," and substitute "0.10 PERCENT,".

Page 4, line 3, strike "WILL" and substitute "MAY".

Page 5, line 7, strike "WILL" and substitute "MAY".

As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage. (For further action, see Roll Call Vote, page 337.)

SB 99-160 by Sen. Dyer; Rep. Kaufman--Dereg Of UCCC Rates Charges & Fees

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 12, pages 256-257.)

Amendment No. 2, by Senator Thiebaut

Amend printed bill, page 7, line 9, strike "OPEN, USE, OR MAINTAIN" and substitute "OPEN";

line 13, strike "OPEN, USE, OR MAINTAIN" and substitute "OPEN".

Amendment No. 3, by Senator Dyer

Amend the committee amendment, as printed in Senate Journal, February 12, page 256, strike line 36, and substitute the following:

"line 6, strike "fee not to exceed twenty dollars, IN AN AMOUNT" and substitute "fee, not to exceed twenty THIRTY dollars,";

line 7, strike "ESTABLISHED BY CONTRACT";".

Amend printed bill, page 4, line 13, strike "fee not to exceed twenty dollars, IN AN AMOUNT" and substitute "fee, not to exceed twenty THIRTY dollars,";

line 14, strike "ESTABLISHED BY CONTRACT".

Amendment No. 4, by Senator Dyer

Amend the committee amendment, as printed in Senate Journal, February 12, page 257, strike lines 36 through 38, and substitute the following:

"CREDIT FOR PURPOSES OF SECTION 85 OF THE "NATIONAL BANK ACT", 12 U.S.C. SEC. 85 AND SECTION 521 OF THE "DEPOSITORY INSTITUTIONS DEREGULATION AND MONETARY CONTROL ACT OF 1980", 12 U.S.C. SEC. 1831d.".".

Amendment No. 5, by Senator Perlmutter

Amend the committee amendment, as printed in Senate Journal, February 12, page 256, strike lines 56 through 68;

line 70, before "line:, insert "Page 6,".

Amend printed bill, page 5, strike lines 20 through 26.

Page 6, strike lines 1 through 13.

Renumber succeeding sections accordingly.

As amended, declared LOST on Second Reading. (For further action, see page 337, where the Dyer and Perlmutter amendment to the Report of the Committee of the Whole was adopted and SB99-160, as amended, was ordered laid over until Tuesday, February 23, retaining its place on the calendar)

The following bills on the General Orders calendar of Monday, February 22, were laid over until Tuesday, February 23, retaining their place on the calendar:

SB99-118, 99-091, 99-034, 99-001, 99-155; HB99-1094, 99-1077, 99-1057, 99-1061;

SB99-080.

ROLL CALL VOTE ON SB99-161

SB 99-161 by Sen. Tebedo; Rep. Berry--Work Comp Reduction For Drugs & Alcohol

Call of Call of Senate.

Senate

Call raised.

On the request of Senator Feeley, the President ordered a roll call vote on SB99-161.

YES 19


NO 14


EXCUSED 2


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

N

Andrews

Y

Feeley

N

Nichol

N

Tebedo

Y

Arnold

Y

Hernandez

N

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

N

Thiebaut

N

Chlouber

Y

Lacy

Y

Perlmutter

N

Wattenberg

E

Congrove

Y

Lamborn

Y

Phillips

N

Weddig

N

Dennis

Y

Linkhart

N

Reeves

N

Wham

Y

Dyer

N

Martinez

N

Rupert

N

Mr. President

Y

Epps

Y

Matsunaka

*

Sullivant

Y


Abstaining (*) from voting under Senate Rule 17(c)--Senator Matsunaka

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

SB 99-160 by Sen. Dyer; Rep. Kaufman--Dereg Of UCCC Rates Charges & Fees

Senators Dyer and Perlmutter moved to amend the Report of the Committee of the Whole to show that SB99-160, as amended, laid over until Tuesday, February 23, retaining its place on the calendar.

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 Congrove, 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:

SB99-72 as amended, 99-161 as amended, declared passed on Second Reading.

SB99-160 as amended, laid over until Tuesday, February 23, retaining its place on

the calendar.

SB99-119, 99-118, 99-091, 99-034, 99-001, 99-155; HB99-1094, 99-1077, 99-1057,

99-1061; SB99-080, laid over until Tuesday, February 23, retaining their place on the calendar.

COMMITTEE OF REFERENCE REPORTS

Education After consideration on the merits, the committee recommends that HB99-1209 be

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

Amend reengrossed bill, page 1, line 7, strike "$91" and substitute "$95".

Strike page 2.

Strike page 3.

Page 4, strike lines 1 through 14.

Renumber succeeding sections accordingly.

Page 4, after line 26, insert the following:

"SECTION 3.  Repeal.  22­20­104.5 (4), Colorado Revised Statutes, is repealed as follows:

22­20­104.5.  Plan for academic excellence ­ inclusion of gifted children ­ cooperation. (4)  For the 1997­98 fiscal year and fiscal years thereafter, appropriations made by the general assembly to fund programs for gifted and talented children shall be designated by a separate line item entitled, "Special Education ­ Gifted and Talented Children", in the public school finance portion of the appropriations to the department of education in the annual general appropriation act.

SECTION 4.  22­24­104 (4) (c) (I), Colorado Revised Statutes, is amended to read:

22­24­104.  English language proficiency program established ­ funding. (4) (c) (I)  AN AMOUNT EQUAL TO seventy­five percent of the annual appropriation MADE TO THE DEPARTMENT FOR THE 1998-99 FISCAL YEAR PLUS ANY INCREASE IN THE ANNUAL APPROPRIATION MADE TO THE DEPARTMENT OVER THE APPROPRIATION MADE FOR THE 1998-99 FISCAL YEAR or the amount needed to fully fund the program pursuant to this subparagraph (I), whichever is less, shall be used by the districts for students certified to be within section 22­24­103 (4) (a) or (4) (b). No such student shall be funded for more than an amount equal to four hundred dollars per year or an amount equal to twenty percent of the state average per pupil operating revenues, as defined in section 22­54­103 (12) for the preceding year as annually determined by the department, whichever is greater.

SECTION 5.  22­28­104 (2) (d) (I), Colorado Revised Statutes, is amended to read:

22­28­104.  Establishment of public preschool programs. (2)  In recognition of the fact that there are thousands of children in Colorado not presently being served who would benefit from the state preschool program, the number of children that may participate in the state preschool program shall be increased:

(d) (I)  To not more than 8,850 in the 1998­99 budget year and TO NOT MORE THAN 9,050 IN THE 1999-2000 BUDGET YEAR AND budget years thereafter.

SECTION 6.  22-44-110 (5), Colorado Revised Statutes, is amended to read:

22­44­110.  Budget ­ consideration ­ adoption. (5)  After the adoption of the budget, the board may review and change the budget, with respect to both revenues and expenditures, at any time prior to September 30 OCTOBER 15 of the fiscal year for which the budget was adopted. After September 30, OCTOBER 15, the board shall not review or change the budget except as authorized by this article; except that, where money for a specific purpose from other than ad valorem taxes subsequently becomes available to meet a contingency, the board may adopt a supplemental budget for expenditures not to exceed the amount of said money and may appropriate said money therefrom.

SECTION 7.  Repeal. 22-44-111 (2), Colorado Revised Statutes, is repealed as follows:

22­44­111.  Budget ­ filing. (2)  Certified copies of the adopted budget and appropriation resolution shall be filed with the commissioner of education no later than October 15 of the fiscal year for which the budget was adopted.

SECTION 8.  22­54­104 (2) (a) (III) and (2) (a) (IV) (C), Colorado Revised Statutes, are amended, and the said 22-54-104 (2) (a) is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBPARAGRAPHS, to read:

22­54­104.  District total program. (2) (a) (III)  Except as otherwise provided in this subsection (2), subsection (6) of this section, or section 22­54­104.3, a district's total program for the 1996­97, budget year and budget years thereafter 1997-98, AND 1998-99 BUDGET YEARS shall be the greater of the following:

(A)  (District per pupil funding x District funded pupil count) + District at­risk funding; or

(B)  $4,305 x District funded pupil count.

(III.5)  EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (2), SUBSECTION (6) OF THIS SECTION, OR SECTION 22­54­104.3, A DISTRICT'S TOTAL PROGRAM FOR THE 1999-2000 BUDGET YEAR AND BUDGET YEARS THEREAFTER SHALL BE THE GREATER OF THE FOLLOWING:

(A)  (DISTRICT PER PUPIL FUNDING X DISTRICT FUNDED PUPIL COUNT) + DISTRICT AT­RISK FUNDING; OR

(B)  $4,675 X DISTRICT FUNDED PUPIL COUNT.

(III.6)  FOR THE 2000-01 BUDGET YEAR AND BUDGET YEARS THEREAFTER, THE DOLLAR AMOUNT SET FORTH IN SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (III.5) OF THIS PARAGRAPH (a) SHALL BE INCREASED BY THE PERCENTAGE BY WHICH THE STATEWIDE BASE PER PUPIL FUNDING FOR THE BUDGET YEAR IS INCREASED OVER THE STATEWIDE BASE PER PUPIL FUNDING SET FORTH FOR THE 1999-2000 BUDGET YEAR. SUCH AMOUNT SHALL BE ROUNDED TO THE NEAREST DOLLAR.

(IV) (C)  The provisions of this subparagraph (IV) shall only apply to those districts whose total program for the 1996­97 budget year was calculated pursuant to sub­subparagraph (B) of subparagraph (III) of this paragraph (a); EXCEPT THAT, FOR THE 1999-2000 BUDGET YEAR AND BUDGET YEARS THEREAFTER, ANY DISTRICT WHOSE TOTAL PROGRAM HAS BEEN CALCULATED PURSUANT TO THIS SUBPARAGRAPH (IV) SHALL RECEIVE THE TOTAL PROGRAM AMOUNT CALCULATED PURSUANT TO THIS SUBPARAGRAPH (IV) OR THE TOTAL PROGRAM AMOUNT CALCULATED PURSUANT TO SUBPARAGRAPH (III.5) OF THIS PARAGRAPH (a), AS ADJUSTED PURSUANT TO SUBPARAGRAPH (III.6) OF THIS PARAGRAPH (a), WHICHEVER IS THE GREATER AMOUNT.

SECTION 9.  22-54-105 (1) (c), Colorado Revised Statutes, is amended to read:

22­54­105.  Instructional supplies and materials ­ capital reserve and insurance reserve. (1) (c)  For purposes of this subsection (1), instructional supplies and materials include, but are not limited to, supplies, textbooks, library books, periodicals, and other supplies and materials. Instructional capital outlay includes those expenditures which result in the acquisition of fixed assets for instructional purposes, or additions thereto, which the board of education anticipates will have benefits for more than one year. Other instructional purposes include expenses incurred in providing transportation for pupils to and from school­sponsored instructional activities which occur outside the classroom and costs incurred for repair or maintenance services for equipment which is directly used for instructional purposes AND COSTS INCURRED IN PROVIDING STAFF DEVELOPMENT DIRECTLY RELATED TO INSTRUCTION. MONEYS EXPENDED FOR STAFF DEVELOPMENT COSTS SHALL NOT EXCEED TEN PERCENT OF THE AMOUNT BUDGETED PURSUANT TO THIS SUBSECTION (1). COSTS INCURRED IN PROVIDING STAFF DEVELOPMENT SHALL INCLUDE MONEYS EXPENDED PURSUANT TO CONTRACTUAL ARRANGEMENTS WITH EDUCATORS AND OTHER STAFF DEVELOPMENT PROVIDERS BUT SHALL NOT INCLUDE MONEYS FOR OUT­OF­STATE TRAVEL OR MONEYS FOR IN­DISTRICT TEACHER SALARY INCREASES. Instructional supplies and materials, instructional capital outlay, and other instructional purposes are limited to those functions accounts and objects accounts as prescribed by the state board of education.

SECTION 10.  22­54­105 (2) (a), Colorado Revised Statutes, is amended, and the said 22-54-105 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

22­54­105.  Instructional supplies and materials ­ capital reserve and insurance reserve.  (2) (a)  EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (c) OF THIS SUBSECTION (2), every district shall budget the amount determined pursuant to paragraph (b) of this subsection (2) to be allocated, in the discretion of the board of education, to the capital reserve fund created by section 22­45­103 (1) (c), to a fund or an account within the general fund established in accordance with generally accepted accounting principles solely for the management of risk­related activities as identified in section 24­10­115, C.R.S., and article 13 of title 29, C.R.S., or among such allowable funds and accounts. Such moneys shall be used for the purposes set forth in section 22­45­103 (1) (c) and (1) (e) and may not be expended by the district for any other purpose. The board of education may transfer moneys among these allowable funds and accounts when such transfer is deemed necessary by the board.

(c) FOR THE 1999-2000 BUDGET YEAR AND ANY BUDGET YEAR THEREAFTER, IF A DISTRICT HAS MONEYS IN ITS CAPITAL RESERVE FUND EQUAL TO OR IN EXCESS OF FIVE TIMES THE MINIMUM DOLLAR AMOUNT REQUIRED TO BE BUDGETED PER PUPIL PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (2) MULTIPLIED BY THE DISTRICT'S FUNDED PUPIL COUNT FOR THE APPLICABLE BUDGET YEAR, THE BOARD OF EDUCATION OF THE DISTRICT MAY DETERMINE WHETHER TO BUDGET THE MINIMUM DOLLAR AMOUNT PER PUPIL REQUIRED BY THIS SUBSECTION (2) IN THAT BUDGET YEAR, BUDGET A LESSER AMOUNT, OR BUDGET NO AMOUNT AT ALL. SUCH DETERMINATION SHALL BE MADE BY THE BOARD OF EDUCATION ON AN ANNUAL BASIS BASED UPON THE CAPITAL OUTLAY EXPENDITURE REQUIREMENTS OF THE DISTRICT.

SECTION 11.  Adjustment in 1999 long bill. Appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1999, to the department of education, shall be adjusted as follows: The general fund appropriation for public school finance, small attendance centers, shall be increased by twenty-eight thousand nine hundred sixty-one dollars ($28,961).

SECTION 12.  Adjustments in 1999 long bill. (1)  As a result of the repeal of section 22-20-104.5 (4), Colorado Revised Statutes, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1999, shall be adjusted as follows:

(a)  The general fund appropriation to the department of education, public school finance, special education - gifted and talented children, is decreased from the amount appropriated in the act to zero.

(b)  The general fund appropriation to the department of education, public school finance, special education - children with disabilities, is increased by the amount appropriated in the act for public school finance, special education - gifted and talented children. In addition, the public school finance, special education - children with disabilities budget line shall be renamed the public school finance, special education budget line.

SECTION 13.  Adjustments in 1999 long bill. (1)   Appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1999, shall be adjusted as follows:

(a)  The general fund appropriation to the department of education, public school finance, English language proficiency, is increased by five hundred thousand dollars ($500,000).

(b)  The general fund appropriation to the department of education, distributions, expelled student services, is decreased so that the amount of the appropriation does not exceed three million five hundred thousand dollars ($3,500,000).".

Strike page 5.

Page 6, strike lines 1 through 9.

Renumber succeeding section accordingly.

State, After consideration on the merits, the committee recommends that SB99-1049 be

Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 2, strike lines 25 and 26, and substitute the following:

"IME AND SHALL BE APPLICABLE TO ALL OPEN CASES WITH A DATE OF INJURY ON OR AFTER JULY 1, 1991, FOR WHICH A DIVISION IME HAS NOT BEEN REQUESTED, PURSUANT TO SECTION 8-42-107.".

Page 3, strike lines 1 through 5.

Renumber succeeding section accordingly.

State, After consideration on the merits, the committee recommends that HB99-1157 be

Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 2, line 5, strike "SEVENTY-FIVE" and substitute "SEVENTY-SIX".

MESSAGE FROM THE HOUSE:

February 22, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1242, amended as printed in House Journal, February 19, page 507;

HB99-1295, amended as printed in House Journal, February 19, pages 506-507;

SB99-031, amended as printed in House Journal, February 19, pages 507-508.

Senate in recess.

Senate reconvened.

MESSAGE FROM THE REVISOR

February 22, 1999

We herewith transmit:

without comment, as amended, HB99-1242, 1295, and SB99-031.

INTRODUCTION OF BILLS--FIRST READING

The following bills were read by title and referred to the committees indicated:

HB 99-1242 by Representative Chavez; also Senator Chlouber--Concerning the inspection of public records.

Judiciary

HB 99-1295 by Representatives T. Williams and May; also Senator Blickensderfer--Concerning the liability of businesses for civil actions arising from electronic computing device failures associated with the year 2000 date change.

Business Affairs & Labor

HB 99-1305 by Representatives McPherson, Sullivant, Hefley, Pfiffner, Spradley, Alexander, Allen, Berry, Decker, Fairbank, Gagliardi, George, Hagedorn, Johnson, Kaufman, Kester, King, Larson, Lawrence, Lee, McElhany, McKay, Miller, Mitchell, Morrison, Paschall, Sinclair, Smith, Spence, Stengel, Swenson, Taylor, Tochtrop, Vigil, Webster, T. Williams, Witwer, and Young; also Senators Dennis, Arnold, Epps, Evans, and Hillman--Concerning weapons regulation, and, in connection therewith, standardizing firearms regulation as a matter of statewide concern.

Local Government

On motion of Senator Chlouber, the Senate adjourned until 9:00 a.m., Tuesday,

February 23, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate