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SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

9th Legislative Day Thursday, January 14, 1999

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

Order

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

Roll Call Present--Total, 30.

Absent/Excused--Epps, Lacy, Matsunaka, Rupert, Wattenberg--Total, 5.

Present later--Epps, Rupert, Wattenberg--Total, 3.

Quorum The President announced a quorum present.

Reading of On motion of Senator Andrews, reading of the Journal of January 13^th was

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

SENATE SERVICES REPORT

Senate Correctly printed: SJR 99-4, 7, 8.

Services

SENATE COMMITTEE OF REFERENCE REPORTS

State, After consideration on the merits, the committee recommends that SB99-002 be

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

and Military with favorable recommendation:

Affairs

Amend printed bill, page 2, line 13, strike "DELIVERING" and substitute "FILING";

line 14, strike "TO" and substitute "WITH THE DESIGNATED ELECTION OFFICIAL AND DELIVERING A COPY OF SUCH REQUEST TO";

strike line 15 and substitute the following:

"COMMITTEE.";

line 16, strike "ELECTION OFFICIAL.".

Page 3, strike lines 2 through 13 and substitute the following:

"(II)  IF THE DESIGNATED ELECTION OFFICIAL RECEIVES A WRITTEN REQUEST FILED IN ACCORDANCE WITH THIS PARAGRAPH (d) AFTER THE PETITION IS FILED BUT BEFORE THE PETITION IS DEEMED SUFFICIENT AND THE TIME FOR PROTEST HAS PASSED, THE ELECTION OFFICIAL SHALL STRIKE THE SIGNATURE OF THE SIGNER WHO FILED THE REQUEST. IF THE ELECTION OFFICIAL RECEIVES SUCH A WRITTEN REQUEST BEFORE THE PETITION IS FILED, THE ELECTION OFFICIAL SHALL STRIKE THE SIGNATURE OF THE SIGNER WHO FILED THE REQUEST PROMPTLY UPON THE FILING OF THE PETITION.".

State, After consideration on the merits, the committee recommends that SB99-001 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, strike line 13 and substitute "presidential primary election shall be paid out of the treasury of the ";

line 14, strike "BY THE";

strike line 15;

strike line 16 and substitute "STATE'S GENERAL FUND MONEYS AND SHALL BE APPROPRIATED TO THE DEPARTMENT OF".

Page 3, strike line 8 and substitute the following:

"the presidential primary election and the primary election";

line 9, strike "THAN A PRESIDENTIAL PRIMARY ELECTION";

line 11, strike "EARLY VOTING SHALL NOT BE MADE AVAILABLE FOR" and substitute the following:

"EARLY VOTING SHALL NOT BE PERMITTED FOR THE PRESIDENTIAL PRIMARY ELECTION AFTER THE CLOSE OF THE BUSINESS DAY ON THE TUESDAY IMMEDIATELY PRECEDING THE ELECTION.";

line 12, strike "A PRESIDENTIAL PRIMARY ELECTION.";

strike lines 17 through 26 and substitute the following:

"SECTION 5.  Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of state, for the fiscal year beginning July 1, 1999, the sum of four million two hundred thousand dollars ($4,200,000) or so much there of as may be necessary, for the implementation of this act.".

Page 4, strike lines 1 through 6.

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

Health, After consideration on the merits, the committee recommends that SB99-046 be

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

Welfare and favorable recommendation:

Institutions

Amend printed bill, page 3, line 26, strike "COMMITTEES" and substitute "COMMITTEE".

Page 6, strike line 26.

Page 7, strike lines 1 and 2, and substitute the following:

"(I)  DISCIPLINARY ACTION REPORTED BY AN EMPLOYER OF A NURSE TO THE BOARD TAKEN AGAINST THE NURSE OR RESIGNATION IN LIEU OF A DISCIPLINARY ACTION FOR CONDUCT THAT CONSTITUTES GROUNDS FOR DISCIPLINE UNDER SECTION 12­38­117 OR 12­42­113. SUCH EMPLOYER SHALL REPORT THE SAME.";

line 4, strike "NURSE;" and substitute "NURSE.";

strike lines 5 through 7.

Page 14, line 3, strike "BOARD." and substitute "BOARD AND SHALL NOT BE DEEMED A PUBLIC RECORD NOR MADE AVAILABLE TO THE PUBLIC.";

line 5, strike "PANEL," and substitute "PANEL AND A NOTICE OF FORMAL COMPLAINT IS DRAFTED AND SERVED ON THE LICENSEE BY FIRST­CLASS MAIL,".

Page 16, line 12 before "ANY" insert "ANY ACTION BY".

Page 18, strike line 4, and substitute the following:

"MEANS ANY ACTION BY ANY PERSON WHO:

(m)  FAILS TO RESPOND IN A TRUTHFUL AND TIMELY MANNER TO A COMPLAINT ISSUED PURSUANT TO SECTION 12-38-116.5 (3).".

MESSAGE FROM THE HOUSE

January 13, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes

HB99-1099, amended as printed in House Journal, January 13, pages 88-91.

The House has adopted and returns herewith SJR99-007.

MESSAGE FROM THE REVISOR

January 13, 1999

We herewith transmit:

without comment, as amended, HB99-1099.

COMMITTEE OF REFERENCE REPORTS

Business The committee on Business Affairs and Labor has had under consideration and has had a Affairs hearing on the following appointment and recommends that the appointment be confirmed:

and Labor

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Larry E. Trujillo, Sr. of Pueblo, Colorado

Business The Committee on Business Affairs and Labor has had under consideration and has had a

Affairs hearing on the following appointment and recommends that the appointment be confirmed:

and Labor

EXECUTIVE DIRECTOR OF THE

DEPARTMENT OF REGULATORY AGENCIES

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

M. Michael Cooke of Highlands Ranch, Colorado

Business The Committee on Business Affairs and Labor has had under consideration and has had a

Affairs hearing on the following appointment and recommends that the appointment not

and Labor be confirmed:

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Vickie L. Armstrong of Arvada, Colorado

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate

having voted in the affirmative, the calendar of January 14 was laid over until Friday,

January 15, retaining its place on the calendar.

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: SB99-037

Education After consideration on the merits, the committee recommends that SB99-039 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 lines 4 through 8 and substitute the following:

"22­2­114.1.  Dropout rates ­ collection of data on grades seven through twelve and development of plans. (3) (a)  For the purposes of SCHOOL DISTRICT RECORD KEEPING AND COUNTING PURSUANT TO this section, a "dropout" means a person who leaves school for any reason HAS BEEN ABSENT FROM CLASS FOR SIX CONSECUTIVE WEEKS OR MORE IN ANY ONE SCHOOL YEAR, except FOR REASONS OF expulsion, EXCUSED LONG TERM ILLNESS, or death, before completion of a high school diploma or its equivalent and who does not transfer to another public or private school or enroll in an approved home study program OR IN AN ON­LINE PROGRAM PURSUANT TO SECTION 22­33­104.6. STUDENTS WHO ARE IN ATTENDANCE IN AN EDUCATIONAL PROGRAM AT THE END OF SUCH SCHOOL YEAR SHALL NOT BE REPORTED AS DROPOUTS BY THE SCHOOL DISTRICT TO THE DEPARTMENT.".

Page 2, strike lines 1 through 4.

Education After consideration on the merits, the committee recommends that SB99-073 be

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

with favorable recommendation:

Amend printed bill, page 2, line 4, strike "ELEMENTARY," and substitute "ELEMENTARY AND";

line 5, strike "SECONDARY, AND HIGHER", and substitute "SECONDARY";

line 19, strike "PUBLIC AND".

MESSAGE FROM THE HOUSE:

January 14, 1999

Mr. President:

The House has adopted and returns herewith SJR99-008.

COMMITTEE OF REFERENCE REPORTS

Health The Committee on Health, Environment, Welfare and Institutions has had under

Environment, consideration and has had a hearing on the following appointments and recommends

Welfare and that the appointments be confirmed:

Institutions

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

James T. Rizzuto of Swink, Colorado.

Health The Committee on Health, Environment, Welfare and Institutions has had under

Environment, consideration and has had a hearing on the following appointments and recommends

Welfare and that the appointments be confirmed:

Institutions

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Marva Livingston Hammons of East Lansing, Michigan.

Health The Committee on Health, Environment, Welfare and Institutions has had under

Environment, consideration and has had a hearing on the following appointments and recommends

Welfare and that the appointments be confirmed:

Institutions

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Jane E. Norton of Englewood, Colorado.

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

Friday, January 15, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate