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SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
63rd Legislative Day Tuesday, March 9,
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, 34.
Absent/Excused--Lacy--Total, 1.
Present later--Lacy.
Quorum The President announced a quorum present.
Reading of On motion of Senator Sullivant, reading of the Journal of March 8th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 99-208, 209.
Services
Correctly enrolled: SB 99-175, 176, 177, 178, 179,
180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190.
Correctly engrossed: SB 99-90.
Correctly revised: HB99-1072, 1075, 1134, 1147,
1201, 1259, 1269, 1275.
SIGNING OF BILLS
The President has signed: SB 99-175, 176, 177, 178,
179, 180, 181, 183, 184, 185, 186, 187, 188, 189, 190.
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 99-1143 by Rep. Lawrence; Sen. Musgrave--Health
Insurance
A majority of those elected to the Senate having
voted in the affirmative, Senator Musgrave was given permission
to offer a Third Reading amendment.
Third Reading Amendment No. 1, by Senator Musgrave
Amend revised bill, page 7, line 2, strike "(e)."
and substitute "(c).".
A majority of all members elected to the Senate having
voted in the affirmative, the amendment was adopted.
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
|
YES 35 | NO 0 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
HB 99-1143 The majority of all members elected to the Senate having voted in the affirmative, the bill,
(Cont.) as amended, was declared PASSED.
SB 99-051 by Sen. Hernandez--Student Dropout Prevention
& Interventn
Laid over until Wednesday, March 10, retaining its
place on the calendar.
SB 99-090 by Sen. Anderson; Rep. Kaufman--PERA Health
Care & Pension Changes
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Nichol, Wattenberg.
HB 99-1147 by Rep. Mitchell; Sen. Andrews--Vacancies
On State Bd Of Education
The question being "Shall the bill pass?" the roll was called with the following result:
YES 25 | NO 10 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | N | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | N | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | N | Weddig | Y |
Dennis | Y | Linkhart | N | Reeves | N | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | N | Sullivant | Y |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
HB 99-1075 by Rep. Kaufman; Sen. Epps--Bail Bonding
By Compensated Sureties
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
HB 99-1134 by Rep. Hagedorn; Senator Wattenberg--Underground
Conv Of Public Utilities
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | NO 3 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | N | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | N |
Dennis | Y | Linkhart | N | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
HB 99-1134 The majority of all members elected to the Senate having voted in the affirmative, the bill
(Cont.) was declared PASSED.
Co-sponsors added: Chlouber, Hernandez, Sullivant.
HB 99-1201 by Rep. King; Senator Epps--Insurance
Guaranty Assoc
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
HB 99-1275 by Rep. Fairbank; Sen. Epps--Operating
Requirements Of HMOs
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
HB 99-1259 by Rep. Kaufman; Sen. Lamborn--Certificate
Of Limited Partnership
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
HB 99-1269 by Rep. King; Senator Owen --Reduce Comp
Benefits False Statements
A majority of those elected to the Senate having
voted in the affirmative, Senator Owen was given permission to
offer a Third Reading amendment.
Third Reading Amendment No. 1, by Senator Owen
Amend revised bill, page 2, line 7, strike "MADE
SUCH MATERIALLY FALSE";
strike line 8, and substitute the following:
"WILLFULLY MISLED THE EMPLOYER.".
Page 1, line 103, after "STATEMENT", insert
"THAT WILLFULLY MISLEADS AN EMPLOYER".
HB 99-1269 A majority of all members elected to
the Senate having voted in the affirmative, the amendment was
adopted.
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
|
YES 35 | NO 0 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
The majority of all members elected to the Senate having voted in the affirmative, the bill,
as amended, was declared PASSED.
Co-sponsors added: Anderson, Arnold, Hillman, Powers,
Tebedo.
HB 99-1072 by Rep. McPherson; Sen. Blickensderfer--Employer
Protection In Reference Checks
The question being "Shall the bill pass?" the roll was called with the following result:
YES 28 | NO 7 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | N | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | N | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | N | Sullivant | Y |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Andrews, Arnold, Chlouber, Congrove,
Epps, Hillman, Owen, Powers, Tebedo.
__________________________
On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB99-1209 and 99-1113 were made Special Orders at 9:27 a.m.
__________________________
Committee The hour of 9:27 a.m. having arrived, Senator Evans moved that the Senate resolve
of the itself into Committee of the Whole for consideration of Special Orders and Senator
Whole Evans was called to the Chair to act as Chairman.
SPECIAL ORDERS--SECOND READING OF BILLS--9:27
A.M.
The Committee of the Whole having risen, the Chairman
reported that the following bills, reading at length having been
dispensed with by unanimous consent, had been considered and action
taken thereon as follows:
HB 99-1209 by Rep. Allen; Senator Anderson--School
Finance
Amendment No. 1, Education Committee Amendment
(Printed in Senate Journal, February 22, pages 337-340.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, March 4, page 418.)
Amendment No. 3, by Senator Anderson
Amend reengrossed bill, page 4, before line 15, insert
the following:
"SECTION 4. 22-54-103
(1), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
2254103. Definitions. As
used in this article, unless the context otherwise requires:
(1) (d) DURING THE 1999 INTERIM,
THE LEGISLATIVE COUNCIL STAFF SHALL CONDUCT A STUDY OF THE DEFINITION
OF AT-RISK PUPILS ESTABLISHED BY THIS SUBSECTION (1) AND SHALL
MAKE A REPORT OF ITS FINDINGS TO THE GENERAL ASSEMBLY NO LATER
THAN JANUARY 15, 2000.".
Renumber succeeding sections accordingly.
Amendment No. 4, by Senator Anderson
Amend reengrossed bill, page 4, before line 15, insert
the following:
"SECTION 4. 22-54-117
(1), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
2254117. Contingency reserve. (1) An
amount to be determined by the general assembly shall be appropriated
annually to the state public school fund as a contingency reserve.
In deciding the amount to be appropriated to the contingency
reserve, the general assembly may take into consideration any
recommendations made by the department of education, but nothing
in this section shall be construed to obligate the general assembly
to provide supplemental assistance to all districts determined
to be in need or fully fund the total amount of such need. The
state board is authorized to approve and order payments from such
contingency reserve for supplemental assistance to districts determined
to be in need as the result of any or all of the following circumstances:
(f) UNUSUAL FINANCIAL BURDEN CAUSED BY
A SIGNIFICANT DECLINE IN PUPIL ENROLLMENT AS A RESULT OF DETACHMENT
AND ANNEXATION PURSUANT TO A REORGANIZATION PLAN APPROVED PURSUANT
TO ARTICLE 30 OF THIS TITLE.".
Renumber succeeding sections accordingly.
Amendment No. 5, by Senator Anderson
Amend reengrossed bill, page 4, before line 15, insert
the following
"SECTION 4. 2254119
(1), Colorado Revised Statutes, is amended to read:
2254119. General provisions. (1) The
county treasurer shall charge a collection fee of onehalf
ONEQUARTER of one percent upon moneys collected for or distributed
to any district located in whole or in part in the county from
taxes levied for the general fund of the district.
SECTION 5. 301102
(1) (a), Colorado Revised Statutes, is amended to read:
301102. Fees of county
treasurer. (1) The county
treasurer shall charge and receive the following fees:
(a) Upon all moneys received by him for
town and city taxes, whether such towns or cities are incorporated
under the general laws or by special charter, and anything in
said charter to the contrary notwithstanding, and upon all school
taxes in counties of the first class, one percent; in counties
of the second class, one percent; in counties of every other class,
one percent on school taxes and two percent on town and city taxes;
except that a collection fee not exceeding onehalf
ONEQUARTER of one percent shall be charged as provided in
section 2254119, C.R.S., and no collection fee shall
be charged on other school taxes exempt by law from said collection
fees;".
Renumber succeeding sections accordingly.
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 99-1113 by Rep. Dean; Sen. Arnold--Charter School
Funding
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, March 4, page 418.)
Amendment No. 2, by Senator Dennis
Amend reengrossed bill, page 1, line 6, after "(a)",
insert "(I)";
strike line 8 and substitute the following:
"the school district to the charter school.
(II) FOR CHARTERS ENTERED INTO OR RENEWED
PRIOR TO JULY 1, 1999, the charter school and the".
Page 2, strike lines 1 through 4 and substitute the
following:
"school district shall begin discussions on
the contract using eighty percent of the district per pupil operating
revenues. As used in this subsection (2), district "per
pupil operating revenues" shall have the same meaning as
that provided in section 2254103 (9).
(III) FOR CHARTERS INITIALLY ENTERED INTO
OR RENEWED ON OR AFTER JULY 1, 1999, EACH CHARTER SCHOOL AND".
Page 3, strike lines 18 through 21 and substitute
the following:
"(c) (I) FOR CHARTERS INITIALLY
ENTERED INTO OR RENEWED PRIOR TO JULY 1, 1999, in no event shall
the amount of funding negotiated pursuant to this subsection (2)
be less than eighty percent of the district per pupil operating
revenues multiplied by the number of pupils enrolled in the charter
school.
(II) FOR CHARTERS INITIALLY ENTERED INTO
OR RENEWED ON OR AFTER JULY 1, 1999,";
line 22, strike "THEREAFTER,".
Amendment No. 3, by Senator Arnold
Amend reengrossed bill, page 2, line 14, after "MEANS",
insert "INDIRECT";
strike line 16 and substitute the following:
"OF SUPPORT SERVICES GENERAL ADMINISTRATION
IN THE SCHOOL";
line 17, strike "AND" and substitute "AS".
Page 3, line 3, before "PURCHASE", insert
"DIRECT";
line 4, strike "SUPPORT";
line 8, strike "SUPPORT".
Amendment No. 4, by Senator Matsunaka
Amend reengrossed bill, page 2, strike lines 2 through
4 and substitute the following:
"of the district
per pupil operating revenues. EACH
CHARTER SCHOOL AND";
line 7, after "PER PUPIL", insert "OPERATING";
line 9, after "PER PUPIL", insert "OPERATING";
line 12, after the period, add "As used in this
subsection (2), district "per pupil operating revenues"
shall have the same meaning as that provided in section 22-54-103
(9).";
strike lines 13 and 14 and substitute the following:
(a.5) AS USED IN THIS SUBSECTION (2),
"CENTRAL ADMINISTRATIVE OVERHEAD COSTS" MEANS COSTS";
strike lines 19 through 22.
Page 3, line 24, after "PUPIL", insert
"OPERATING".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
AMENDMENTS TO THE REPORT OF THE COMMITTEE OF
THE WHOLE
HB 99-1209 by Rep. Allen; Senator Anderson--School
Finance
Senator Thiebaut moved to amend the Report of the
Committee of the Whole to show that the following Thiebaut amendment,
made to HB99-1209 as amended, did pass;
Amend reengrossed bill, page 4, before line 15,
insert the following:
"SECTION 4. 22-54-114 (3), Colorado
Revised Statutes, is amended to read:
2254114. State public school
fund. (3) Fifty
percent of Any unexpended balance
of moneys appropriated by the general assembly in the state public
school fund at the end of each fiscal year shall
be transferred to the Colorado comprehensive health education
fund created in section 2225109. The remaining fifty
percent and any balances derived from other sources
shall remain in said state public school fund and become available
for distribution during the following fiscal year.
SECTION 5. 22-25-109
(1), Colorado Revised Statutes, is amended to read:
2225109. Colorado comprehensive
health education fund creation acceptance of funds. (1) There
is hereby created in the state treasury the Colorado comprehensive
health education fund, which fund shall be made up of moneys transferred
thereto from the state public school fund pursuant to section
2254114, if any, APPROPRIATED
THERETO BY THE GENERAL ASSEMBLY, as well as any moneys received
by the department of education pursuant to subsection (2) of this
section. The moneys in such fund shall be subject to annual appropriation
by the general assembly to the department of education for the
purpose of carrying out the provisions of this article.".
Renumber succeeding sections accordingly.
The motion was declared LOST by the following roll call vote:
YES 14 | NO 21 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | N | Evans | N | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | Y | Tebedo | N |
Arnold | N | Hernandez | Y | Owen | N | Teck | N |
Blickensderfer |
N | Hillman | N | Pascoe | Y | Thiebaut | Y |
Chlouber | N | Lacy | N | Perlmutter | Y | Wattenberg | N |
Congrove | N | Lamborn | N | Phillips | Y | Weddig | Y |
Dennis | N | Linkhart | Y | Reeves | Y | Wham | N |
Dyer | N | Martinez | Y | Rupert | Y | Mr. President |
N |
Epps | N | Matsunaka | Y | Sullivant | N |
HB 99-1209 by Rep. Allen; Senator Anderson--School
Finance
Senator Pascoe moved to amend the Report of the Committee
of the Whole to show that the following Pascoe amendment, made
to HB99-1209 as amended, did pass:
Amend the Education committee amendment, as printed
in Senate Journal, February 22, page 338, line 37, strike "9,050"
and substitute "9,850".
Page, 340, after line 16, insert the following:
"SECTION 11. Adjustment in 1999 long bill general assembly intent. (1) Appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1999, shall be adjusted as follows: The general fund appropriation to the department of education, public school finance, total program, shall be increased by two
million dollars ($2,000,000).
(2) It is the intent of the general assembly that
this appropriation shall be funded from general fund appropriations
under the statutory 6% limit that are available because the general
assembly has authorized the department of health care policy and
financing to allow for the direct certification of medicaid disproportionate
share payments from participating hospitals.".
Renumber succeeding sections accordingly.
The motion was declared LOST by the following roll call vote:
YES 14 | NO 21 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | N | Evans | N | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | Y | Tebedo | N |
Arnold | N | Hernandez | Y | Owen | N | Teck | N |
Blickensderfer |
N | Hillman | N | Pascoe | Y | Thiebaut | Y |
Chlouber | N | Lacy | N | Perlmutter | Y | Wattenberg | N |
Congrove | N | Lamborn | N | Phillips | Y | Weddig | Y |
Dennis | N | Linkhart | Y | Reeves | Y | Wham | N |
Dyer | N | Martinez | Y | Rupert | Y | Mr. President |
N |
Epps | N | Matsunaka | Y | Sullivant | N |
HB 99-1209 by Rep. Allen; Senator Anderson--School
Finance
Senator Rupert moved to amend the Report of the Committee
of the Whole to show that the following Rupert amendment, made
to HB99-1209 as amended, did pass:.
Amend the Education committee amendment, as printed
in Senate Journal, February 22, page 337, line 60, strike ""$95"."
and substitute ""$132".".
Page, 340, after line 16, insert the following:
"SECTION 11. Adjustment in
1999 long bill. Appropriations made in the annual general
appropriation act for the fiscal year beginning July 1, 1999,
shall be adjusted as follows: The general fund appropriation
to the department of education, public school finance, total program,
shall be increased by thirtyone million eight hundred twenty
eight thousand nine hundred fiftyeight dollars ($31,828,958).".
Renumber succeeding sections accordingly.
The motion was declared LOST by the following roll call vote:
YES 14 | NO 21 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | N | Evans | N | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | Y | Tebedo | N |
Arnold | N | Hernandez | Y | Owen | N | Teck | N |
Blickensderfer |
N | Hillman | N | Pascoe | Y | Thiebaut | Y |
Chlouber | N | Lacy | N | Perlmutter | Y | Wattenberg | N |
Congrove | N | Lamborn | N | Phillips | Y | Weddig | Y |
Dennis | N | Linkhart | Y | Reeves | Y | Wham | N |
Dyer | N | Martinez | Y | Rupert | Y | Mr. President |
N |
Epps | N | Matsunaka | Y | Sullivant | N |
HB 99-1209 by Rep. Allen; Senator Anderson--School
Finance
Senator Rupert moved to amend the Report of the Committee
of the Whole to show that the following Rupert amendment, made
to HB99-1209 as amended, did pass:
Amend the Education committee amendment, as printed
in Senate Journal, February 22, page 337, line 60, strike ""$95"."
and substitute ""$113".".
Page, 340, after line 16, insert the following:
"SECTION 11. Adjustment in
1999 long bill. Appropriations made in the annual general
appropriation act for the fiscal year beginning July 1, 1999,
shall be adjusted as follows: The general fund appropriation
to the department of education, public school finance, total program,
shall be increased by fifteen million four hundred sixtytwo
thousand two hundred nineteen dollars ($15,462,219).".
Renumber succeeding sections accordingly.
The motion was declared LOST by the following roll call vote:
YES 15 | NO 20 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | N | Evans | N | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | Y | Tebedo | N |
Arnold | N | Hernandez | Y | Owen | N | Teck | N |
Blickensderfer |
N | Hillman | N | Pascoe | Y | Thiebaut | Y |
Chlouber | N | Lacy | N | Perlmutter | Y | Wattenberg | N |
Congrove | N | Lamborn | N | Phillips | Y | Weddig | Y |
Dennis | N | Linkhart | Y | Reeves | Y | Wham | N |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
N |
Epps | N | Matsunaka | Y | Sullivant | N |
HB 99-1113 by Rep. Dean; Sen. Arnold--Charter School
Funding
Senator Perlmutter moved to amend the Report of the
Committee of the Whole to show that the following Perlmutter amendment,
made to HB99-1113 as amended, did pass:
Amend reengrossed bill, strike everything below the
enacting clause, and substitute the following:
"SECTION 1. 2230.5112
(2) (a) and (2) (c), Colorado Revised Statutes, are amended to
read:
2230.5112. Charter schools
financing guidelines. (2) (a) As
part of the charter school contract, the charter school and the
school district shall agree on funding and any services to be
provided by the school district to the charter school. The charter
school and the school district shall begin discussions on the
contract using eighty percent of the district per pupil operating
revenues. As used in this subsection (2), district "per
pupil operating revenues" shall have the same meaning as
that provided in section 2254103 (9).
FOR BUDGET YEAR 1999-2000 AND BUDGET YEARS THEREAFTER, EACH
SCHOOL DISTRICT SHALL ALLOCATE FUNDS TO EACH CHARTER SCHOOL WITHIN
THE SCHOOL DISTRICT ON A PER PUPIL BASIS IN AN AMOUNT EQUAL TO
THE AMOUNT ALLOCATED BY THE SCHOOL DISTRICT ON A PER PUPIL BASIS
TO NONCHARTER SCHOOLS FOR THE GENERAL EDUCATION PROGRAM.
(c) In no
event shall the amount of funding negotiated pursuant to this
subsection (2) be less than eighty percent of the district per
pupil operating revenues multiplied by the number of pupils enrolled
in the charter school.
SECTION 2. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.".
The motion was declared LOST by the following roll call vote:
YES 17 | NO 18 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | N | Evans | N | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | Y | Tebedo | N |
Arnold | N | Hernandez | Y | Owen | N | Teck | N |
Blickensderfer |
N | Hillman | N | Pascoe | Y | Thiebaut | Y |
Chlouber | N | Lacy | N | Perlmutter | Y | Wattenberg | Y |
Congrove | N | Lamborn | N | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | N |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
N |
Epps | N | Matsunaka | Y | Sullivant | N |
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Evans, the Report of the Committee
of the Whole was adopted and, a majority of all members elected
having voted in the affirmative, the following action was taken:
HB99-1209 as amended, HB99-1113 as amended, declared
passed on Second Reading.
______________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of March 9, was laid over until Wednesday, March 10, retaining its place on the calendar.
______________________________
Senate in recess.
Senate reconvened.
COMMITTEE OF REFERENCE REPORTS
Judiciary The Committee on Judiciary has had under
consideration and has had a hearing on the following appointments
and recommends that the appointments be confirmed:
effective July 1, 1998 for a term expiring July
1, 2001:
Curtis W. Devin of Colorado Springs, Colorado,
to serve as a citizen member, reappointed.
effective March 1, 1999, for a term expiring July
1, 2001:
Kent A. "Bo" Cottrell to serve as a citizen
member, and as ViceChairperson, appointed;
effective April 1, 1999, for a term expiring July
1, 2001:
Rodney D. Gomez to serve as a representative of
law enforcement, appointed.
Judiciary After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee on Appropriations: HB99-1174
Education After consideration on the merits, the committee recommends that HB99-1289 be
amended as follows and, as so amended, be referred
to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 2, line 12, strike "TUITION
AND HIGHER";
strike lines 13 through 15;
line 20, strike "EFFICIENT AND".
Page 3, line 22, after the first "EDUCATION,",
insert "THE GOVERNING BOARDS FOR THE STATE INSTITUTIONS OF
HIGHER EDUCATION,".
Page 4, line 4, after "INPUT", insert "THROUGH
PUBLIC MEETINGS AND OTHER MEANS".
line 26, strike "MAY" and substitute "SHALL".
Page 5, line 1, strike "FIRST AND SECOND REPORTS."
and substitute "SECOND REPORT.";
line 8, strike "NUMBER AND COSTS OF FTE,"
and substitute "PERSONNEL COSTS,";
line 17, strike "CONTRIBUTES" and substitute
"HAS CONTRIBUTED OR MAY CONTRIBUTE";
after line 25, insert the following:
"(VI) EXAMINATION OF THE PRACTICE
OF FUNDING GRADUATE EDUCATION IN THIS STATE AND HOW THIS PRACTICE
COMPARES WITH GRADUATE FUNDING PRACTICES IN OTHER STATES;";
line 26, strike "(VI)" and substitute "(VII)".
Page 6, after line 3, insert the following:
"(VIII) EXAMINATION OF THE IMPACT
OF THE STATE PERSONNEL SYSTEM ON THE FLEXIBILITY AND ACCOUNTABILITY
OF STATE INSTITUTIONS OF HIGHER EDUCATION;".
Renumber succeeding subparagraphs accordingly.
Page 6, line 6, strike "PROGRAMS;" and
substitute "PROGRAMS AND THE PERCENTAGE OF INCOMING STUDENTS
WHO NEED REMEDIATION;".
Page 8, after line 26, insert the following:
"(c) IN ADDITION TO THE INFORMATION SPECIFIED
IN PARAGRAPHS (a) AND (b) OF THIS SUBSECTION (4), THE DEPARTMENT
MAY COLLECT SUCH INFORMATION AS MAY BE REQUESTED BY THE JOINT
BUDGET COMMITTEE OR THE EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES
AND THE SENATE.".
Page 9, strike lines 10 through 12;
line 13, strike "(IV)" and substitute "(III)";
strike lines 17 through 19.
Renumber succeeding subparagraphs accordingly.
Page 11, after line 4, insert the following:
"(IV) WHETHER THE ROLE AND MISSION STATEMENTS
FOR THE STATE INSTITUTIONS OF HIGHER EDUCATION SHOULD BE UPDATED
AND ANY SUGGESTIONS FOR UPDATING SAID STATEMENTS;
(V) WHETHER THE ROLES AND STATUTORY DUTIES OF THE
DEPARTMENT OF HIGHER EDUCATION AND THE COMMISSION SHOULD BE UPDATED
AND ANY SUGGESTIONS FOR UPDATING SAID ROLES AND DUTIES;".
Renumber succeeding subparagraph accordingly.
Page 11, after line 6, insert the following:
"(c) IN ADDITION TO THE ISSUES SPECIFIED IN
PARAGRAPHS (a) AND (b) OF THIS SUBSECTION (5), THE FIRST AND SECOND
REPORTS OF THE STUDY CONDUCTED PURSUANT TO THIS SECTION MAY INCLUDE
RECOMMENDATIONS ON OTHER ISSUES ARISING FROM THE INFORMATION COLLECTED
PURSUANT TO SUBSECTION (4) OF THIS SECTION.".
Business The Committee on Business Affairs and Labor has had under consideration and has had a
Affairs hearing on the following appointments and recommends that the appointments be
and Labor confirmed:
for a term expiring July 1, 2001:
Donald R. Clark of Littleton, Colorado, to serve
as a representative of an electrical utility.
Gregory D. Hall of Longmont, Colorado, to serve
as a representative of master electrical contractors, appointed.
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: HB99-1216
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: HB99-1231
and Labor
MESSAGE FROM THE HOUSE:
March 9, 1999
Mr. President:
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99- 1324, amended as printed in House Journal, March 8, page 721;
HB99-1325, amended as printed in House Journal, March 8, pages 721-722;
HB99-1327, amended as printed in House Journal, March 8, page 722 and on Third Reading as printed in House Journal March 9.
The House has postponed indefinitely SB99-120.
The bill is returned herewith.
MESSAGE FROM THE REVISOR
March 9, 1999
We herewith transmit:
without comment, as amended, HB99-1324, 1325, and
1327.
INTRODUCTION OF RESOLUTION
The following resolution was read by title:
SJR 99-015 by Senator Rupert; also Representative
Tupa--Concerning Professor Dennis Van Gerven, recipient of the
1998 Colorado Professor of the Year award.
Laid over one day under Senate Rule 30(b), and placed
on the calendar of Wednesday, March 10.
SIGNING OF BILLS
The president has signed:
SB 99-182.
APPOINTMENTS TO CONFERENCE COMMITTEE
HB 99-1061 by Representative Williams T.; also Senator
Dennis--Concerning requirements for the payment of unemployment
insurance benefits.
The President appointed Senators Dennis, Chairman,
Anderson and Dyer as Senate Conferees on the First Conference
Committee on HB99-1061.
On motion of Senator Phillips, the Senate adjourned until 9:00 a.m., Wednesday,
March 10, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate