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

69th Legislative Day Monday, March 15, 1999

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

Order

Prayer By the chaplain, Senator Dave Wattenberg.

Roll Call Present--Total, 31.

Absent/Excused--Congrove, Phillips, Tebedo, Wham--Total, 4.

Present later--Congrove, Phillips, Tebedo, Wham.

Quorum The President announced a quorum present.

Reading of On motion of Senator Teck, reading of the Journal of March 12th was

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

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of SJR99-015.

______________________________

CONSIDERATION OF RESOLUTION

SJR 99-015 by Senator Rupert; also Representative Tupa--Concerning Professor Dennis Van Gerven, recipient of the 1998 Colorado Professor of the Year award.

On motion of Senator Rupert, the Resolution was ADOPTED by the following roll call vote:

YES 33

NO 0

EXCUSED 2

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
E

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
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

Co-sponsors added: Anderson, Andrews, Arnold, Blickensderfer, Chlouber, Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Phillips, Powers, Reeves, Sullivant, Tanner, Teck, Thiebaut, Wattenberg, Weddig, Wham.


SENATE SERVICES REPORT

Senate Correctly revised: HB 99-1040, 1076, 1078, 1172, 1188, 1216, 1231,

Services 1242, 1265, and 1267.

INTRODUCTION OF BILLS--FIRST READING

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

SB 99-212 by Senator Evans; also Representative Lee--Concerning civil actions for damages to underground utility facilities resulting from violations of Colorado law relating to requirements for notification prior to excavation.

Local Government

HB 99-1324 by Representative George; also Senator Powers--Concerning the authority of the department of transportation to engage in design-build contracting for transportation projects.

Transportation

HB 99-1325 by Representative George; also Senator Powers--Concerning transportation revenue anticipation notes.

Transportation

HB 99-1327 by Representatives S. Williams, Swenson, Witwer, Bacon, Keller, Mace, May, Ragsdale, Tupa, Veiga, and Zimmerman; also Senator Perlmutter--Concerning authorization for the codevelopment of public transportation transfer facilities for the purpose of providing retail or commercial goods and services at such facilities.

Transportation

INTRODUCTION OF CONCURRENT RESOLUTION--FIRST READING

The following concurrent resolution was read by title and referred to the committees

indicated:

SCR 99-001 by Senator Rupert--Concerning the submission to the registered electors of the state of Colorado of an amendment to the Colorado constitution concerning state capitol building renovation, and, in connection therewith, requiring the general assembly to appropriate $140 million for restoration and renovation of the state capitol building; stating that adoption of this measure constitutes a voter­approved revenue change offset for purposes of section 20 of article X of the Colorado constitution; providing time frames for the restoration and renovation project; authorizing the acceptance of grants, gifts, donations, and other nongovernmental contributions for the restoration and renovation project; prohibiting the imposition of new taxes for the purposes of this measure; and authorizing the permanent relocation of parking from the capitol circle to off­site facilities and the relocation of building occupants and the general assembly during the construction period.

State, Veterans and Military Affairs

Appropriations

INTRODUCTION OF RESOLUTION

SJR 99-017 by Senators Martinez and Wham; also Representative George--Concerning the civil war monument's reference to the sand creek massacre.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Tuesday, March 16.

MESSAGE FROM THE GOVERNOR

Appoint- Letter of designation and appointment from Governor Owens was read and assigned to

ment Committee as follows:

March 4, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and reappoint, and submit to your consideration, the following:

STATE BOARD

OF HUMAN SERVICES

for terms expiring March 1, 2003:

The Honorable John L. Klomp of Pueblo, Colorado, to serve as County Commissioner, reappointed;

Youlon D. Savage of Denver, Colorado, to serve as a public member, reappointed;

The Honorable Barbara J. Kirkmeyer of Brighton, Colorado, to serve as County Commissioner, replacing the Honorable Shirley Garner, appointed;

The Honorable Harold R. Klein, Jr., of La Junta, Colorado, to serve as County Commissioner, replacing the Honorable James E. Johnson, Jr., appointed;

Arthur W. Hogling, Ph.D., of Evergreen, Colorado, to serve as a public member, replacing Cameron Jane Learned, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/8/99

G. Aberle, Assistant Secretary

Committee on Health, Environment, Welfare and Institutions


FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB99­1061

*****************************

THIS REPORT AMENDS THE

REENGROSSED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99­1061, concerning requirements for the payment of unemployment insurance benefits, has met and reports that it has agreed upon the following:

That the Senate recede from its amendments made to the bill, as said amendments appear in the rerevised bill, and that the following amendment be substituted therefor:

Amend reengrossed bill, page 3, strike line 22, and substitute the following:

"(C)  THE DIVISION CERTIFIES AND NOTIFIES THE EMPLOYER AND THE HEARING OFFICER THAT NO".

Respectfully submitted,

House Committee Senate Committee

(Signed)

Rep. Tambor Williams, Chairman Sen. Ginette Dennis, Chairman

Rep. Mark Paschall Sen. Norma Anderson

Rep. Fran Coleman Sen. Jim Dyer

THIRD READING OF BILLS--FINAL PASSAGE

On Third Reading, the titles 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 22, retaining its place on the calendar.

SB 99-110 by Sen. Feeley; Rep. McElhany--Telecommunications

A majority of those elected to the Senate having voted in the affirmative, Senator Feeley was given permission to offer a Third Reading amendment.

Third Reading Amendment No. 1, by Senator Feeley

Amend engrossed bill, page 10, strike lines 14 through 26.

Page 11, strike lines 1 through 16.

Renumber succeeding sections accordingly.

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 24

NO 11

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
N
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
N
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: Lacy, Matsunaka, Rupert, Thiebaut.

HB 99-1172 by Rep. Tool; Sen. Wham--Evidentiary Issues In Criminal Cases

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
Y

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
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
N
Rupert
N
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: Andrews, Evans, Powers, Lamborn.

HB 99-1242 by Rep. Chavez; Senator Chlouber--Inspecting Public Records

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-sponsor added: Hernandez.

HB 99-1040 by Rep. Gotlieb; Senator Wham--School District Retirement Plans

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-sponsor added: Pascoe.

HB 99-1267 by Rep. Smith; Senator Teck--Uranium Mill Tailings Remedial Action

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: Dyer, Hernandez, Tebedo, Wattenberg.

HB 99-1078 by Rep. Leyba; Senator Powers--Length Of Personal Services Contracts

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: Sullivant, Tebedo.

HB 99-1076 by Rep. Pfiffner; Senator Powers--Select State Personnel System Employees

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

YES 24

NO 11

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
Y
Tebedo
Y

Arnold
N
Hernandez
N
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
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: Lamborn, Weddig.

HB 99-1216 by Rep. Decker; Senator Perlmutter--Prohibiting The Sale Of Export Tobacco

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: Anderson, Chlouber, Hernandez, Pascoe, Phillips, Powers, Reeves, Rupert, Weddig.

HB 99-1231 by Rep. Swenson; Sen. Perlmutter--No­fault Med Benefit Limitation Period

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

YES 34

NO 1

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
N

The majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsors added: Feeley, Hernandez, Matsunaka, Nichol, Pascoe, Phillips, Reeves, Rupert, Tanner, Tebedo, Thiebaut, Weddig.

HB 99-1265 by Rep. Sinclair; Senator Dyer--County Restrict Graffiti By Juveniles

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

YES 33

NO 2

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
N

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
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
Y

The majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsors added: Hernandez, Linkhart, Martinez, Pascoe.

HB 99-1188 by Rep. Coleman; Senator Linkhart--Adoption Procedures

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
N
Lacy
Y
Perlmutter
Y
Wattenberg
N

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
N
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

HB 99-1188 The majority of all members elected to the Senate having voted in the affirmative, the bill

(Cont.) was declared PASSED.

Co-sponsors added: Andrews, Blickensderfer, Evans, Hernandez, Pascoe, Powers, Rupert, Tanner, Wham.

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

of the for consideration of General Orders and Senator Lacy 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:

HB 99-1274 by Rep. King; Senator Andrews--Charter School Provisions

Laid over until Tuesday, March 16, retaining its place on the calendar.

HB 99-1157 by Rep. Ament; Senator Owen--Work Comp Exclusive Schedule For PPD

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

(Printed in Senate Journal, February 22, page 341.)

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

HB 99-1105 by Rep. Berry; Senator Arnold--Work Comp TTD Criteria

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

(Printed in Senate Journal, February 23, page 352.)

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

HB 99-1049 by Rep. Paschall; Senator Arnold--Applicability Date Of Selection Of IME

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

(Printed in Senate Journal, February 22, page 340.)

As amended, declared LOST on Second Reading. (For further action, see page 495

where the Arnold amendment made to the Committee of the Whole was adopted, and

HB99-1049, as amended, was laid over until Tuesday, March 16, retaining its place on

the calendar.

HB 99-1229 by Rep. Johnson; Sen. Wattenberg--Reintroduction Of Endangered Species

Laid over until Tuesday, March 16, retaining its place on the calendar.

SB 99-202 by Sen. Anderson; Rep. Pfiffner--Permit Parents To Set School Curriculum

Laid over until Tuesday, March 16, retaining its place on the calendar.

HB 99-1295 by Rep. T. Williams; Senator Blickensderfer--Civil Liability Re Y2K

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, March 4, page 415.)

Amendment No. 2, by Senator Sullivant

Amend reengrossed bill, page 3, line 10, after "MAKE", insert "ALL NECESSARY AND";

line 12, strike "FAILURES." and substitute "FAILURES BEFORE THEY OCCUR.".

Page 5, line 10, after "INVENTORIED", insert "ALL CRITICAL";

line 12, after "IDENTIFIED", insert "ALL";

line 15, after "WITH", insert "ALL CRITICAL".

Amendment No. 3, by Senator Hernandez and Blickensderfer

Amend reengrossed bill, page 6, after line 15, insert the following:

"(4) PRIOR TO THE FILING OF ANY CIVIL ACTION RELATED TO A YEAR 2000 FAILURE, A BUSINESS SHALL, UPON REQUEST, PROVIDE SUPPORTING DOCUMENTATION SUMMARIZING THE ACTIONS IT HAS TAKEN PURSUANT TO PARAGRAPHS (a) TO (g) OF SUBSECTION (2) OF THIS SECTION.".

Renumber succeeding subsection accordingly.

Amendment No. 4, by Senator Blickensderfer

Amend the committee amendment, as printed in Senate Journal, page 415, line 40, strike "line 19" and substitute "lines 17 through 19";

strike line 42 and 43 of the committee amendment, and substitute the following:

""SECTION 3.  13­80­101 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

13­80­101.  General limitation of actions ­ three years. (1)  The";";

line 49 of the committee amendment, strike ""(I)"" and substitute ""(I)"";

strike lines 51 and 52 of the committee amendment and substitute the following:

"line 24, strike "FAILURE; EXCEPT THAT, AN ACTION FOR DAMAGES" and substitute "FAILURE.";

strike lines 25 and 26.

Page 8, strike line 1;";

line 54 of the committee amendment, strike "Page 8," and strike ""(I)"" and substitute ""(I)"".

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

HB 99-1033 by Rep. Sullivant; Sen. Hillman--Protecting Vehicles From Rocks

Laid over until Tuesday, March 16, retaining its place on the calendar.

The following bills on the General Orders calendar of Monday, March 15, were laid over

until Tuesday, March 16, retaining their place on the calendar:

SB99-033; HB99-1071, 99-1145, 99-1108, 99-1097, 99-1117, 99-1228, 99-1227,

SB99-205; HB99-1305, 99-1213, 99-1217, 99-1107, 99-1176, 99-1082, 99-1127,

99-1318.

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 99-1049 by Rep. Paschall; Senator Arnold--Applicability Date Of Selection Of IME

Senator Arnold moved to amend the Report of the Committee of the Whole to show that HB99-1049, as amended, laid over until Tuesday, March 16, 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 Lacy, 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:

HB99-1157 as amended, 99-1105 as amended, 99-1295 as amended, declared passed on

Second Reading.

SB99-202; HB99-1274, 99-1229, 99-1033; SB99-033; HB99-1071, 99-1145, 99-1108,

99-1097, 99-1117, 99-1228, 99-1227; SB99-205; HB99-1305, 99-1213, 99-1217, 99-1107, 99-1176, 99-1082, 99-1127, 99-1318 laid over until Tuesday, March 16,

retaining their place on the calendar.

HB99-1049, as amended, laid over until Tuesday, March 16, retaining its place on the

calendar.

______________________________

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 Monday, March 15, was laid over until Tuesday, March 16, retaining its place on the calendar.

______________________________

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

State, After consideration on the merits, the committee recommends that SB99-204 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, strike lines 2 through 10 and substitute the following:

"SECTION 1. 24­1­107.5 (2) and (3), Colorado Revised Statutes, are amended to read:

24­1­107.5.  Nonprofit entities created or supported by state agencies ­ review and report - legislative declaration. (2) (a)  No later than November 1, 1995 DECEMBER 31, 1999, the head of each principal department of state government shall submit a report to the legislative audit committee that lists:

(I)  All nonprofit entities, including but not limited to corporations, foundations, and institutes, created or otherwise established by the department or an agency thereof or an employee of the department or agency acting within the scope of employment; and

(II)  All nonprofit entities to which the department or agency has provided support in excess of twenty­five thousand dollars in either the year ending June 30, 1994 1998, or the year ending June 30, 1995 1999, excluding amounts paid for the purchase of services from the nonprofit entity.

(b)  The report shall include the name of each entity and a copy of the most recent annual report, audit report, or internal revenue service form 990 for each entity.

(3)  The legislative audit committee shall perform a review of the entities listed in the reports submitted pursuant to subsection (2) of this section and MAKE AVAILABLE A report to the general assembly regarding its findings no later than March 1, 1996 MAY 1, 2000. THE LEGISLATIVE AUDIT COMMITTEE SHALL MAIL A POSTCARD TO EACH MEMBER OF THE GENERAL ASSEMBLY NOTIFYING EACH MEMBER OF THE AVAILABILITY OF SUCH REPORT AND OFFERING TO PROVIDE EACH MEMBER WITH A COPY OF THE REPORT.

SECTION 2. 24-4.1-206, Colorado Revised Statutes, is amended to read:

24­4.1­206.  Annual reports of funds. No later than February 15 of each year, the board shall submit MAKE AVAILABLE a report to the general assembly for the previous calendar year of an accounting of all funds received and disbursed under this part 2. THE BOARD SHALL MAIL A POSTCARD TO EACH MEMBER OF THE GENERAL ASSEMBLY NOTIFYING EACH MEMBER OF THE AVAILABILITY OF SUCH REPORT AND OFFERING TO PROVIDE EACH MEMBER WITH A COPY OF THE REPORT.".

Page 3, strike lines 1 through 18.

Page 4, line 22, strike "policy." and substitute "policy - reports to general assembly.";

strike lines 25 and 26 and substitute the following:

"the provisions of section 24­1­136. Upon approval, the governor shall submit MAKE AVAILABLE to each member of the general assembly, at the opening of each regular session, a copy of each such report, accounting to the general assembly for the efficient discharge of all responsibilities assigned by law or directive to the executive branch of state government. THE GOVERNOR SHALL MAIL A POSTCARD TO EACH MEMBER OF THE GENERAL ASSEMBLY NOTIFYING EACH MEMBER OF THE AVAILABILITY OF THE REPORTS AND OFFERING TO PROVIDE EACH MEMBER WITH A COPY OF THE REPORTS.".

Page 5, strike lines 1 through 3;

strike lines 24 through 26 and substitute the following:

"(l)  To submit MAKE AVAILABLE to each member of the general assembly by November 1 of each year a report on all capital leases having a total value of fifty thousand dollars or more, concerning real property pursuant to section 24­82­102 and concerning personal property pursuant to the "Procurement Code", articles 101 to 112 of this title. THE CONTROLLER SHALL MAIL A POSTCARD TO EACH MEMBER OF THE GENERAL ASSEMBLY NOTIFYING EACH MEMBER OF THE AVAILABILITY OF THE REPORT AND OFFERING TO PROVIDE THE MEMBERS WITH COPIES OF THE REPORT.".

Page 6, strike lines 1 and 2, and substitute "The controller shall".

Page 8, strike lines 19 through 25 and substitute the following:

"expenditures. The controller shall submit MAKE AVAILABLE a report no later than February 1 of each year to the governor, the joint budget committee, and the legislative audit committee, regarding the travel expenses of state employees for the prior fiscal year. Such report shall include, but shall not be limited to, an itemized list of the travel expenses of each department including in­state travel, out­of­state travel, and out­of­country travel. THE CONTROLLER SHALL MAIL A POSTCARD TO THE GOVERNOR, THE JOINT BUDGET COMMITTEE, AND THE LEGISLATIVE AUDIT COMMITTEE GIVING NOTICE OF THE AVAILABILITY OF THE REPORT AND OFFERING TO PROVIDE COPIES OF THE REPORT.".

Page 9, strike lines 23 through 26.

Page 10, strike lines 1 through 6.

Renumber succeeding sections accordingly.

Page 10, strike lines 22 through 26, and substitute the following:

"SECTION 11. 24-30-1303.5 (6), Colorado Revised Statutes, is amended to read:

24­30­1303.5.  Department to prepare and maintain inventory of state property. (6)  The department shall prepare and submit an annual report of the acquisitions and dispositions of property subject to this section to AND MAKE THE REPORT AVAILABLE TO THE MEMBERS OF the capital development committee. on or before January 10, 1991, and every year thereafter. Such report shall include a description of such property and its present use and value.".

Page 11, strike lines 1 through 3;

strike lines 25 and 26, and substitute the following:

"SECTION 15. 24-32-114 (5), Colorado Revised Statutes, is amended to read:

24­32­114.  Cleanup of illegally disposed of waste tires ­ waste tire cleanup fund ­ assistance to counties ­ legislative declaration ­ repeal. (5)  No later than January 1, 1999 2001, the director shall submit PREPARE a report to the general assembly concerning the following: ITEMS LISTED IN THIS SUBSECTION (5). THE DIRECTOR SHALL MAIL A POSTCARD TO EACH MEMBER OF THE GENERAL ASSEMBLY NOTIFYING EACH MEMBER OF THE AVAILABILITY OF THE REPORT AND OFFERING TO PROVIDE EACH MEMBER WITH A COPY OF THE REPORT. THE REPORT SHALL ADDRESS THE FOLLOWING:

(a)  Expenditures made pursuant to this section;

(b)  The status of waste tire disposal and recycling activities pursuant to this section;

(c)  The status of illegal waste tire dumping or storage facilities by county;

(d)  The amount of tires recycled, expressed in weight or as a number of tires; and

(e)  The cost­effectiveness of making grants pursuant to this section for the proper disposal of waste tires.".

Page 12, strike lines 1 through 22.

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB99-1236


MESSAGE FROM THE HOUSE:

March 15, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1019, amended as printed in House Journal, March 12, pages 765-766.

The House has passed on Third Reading and returns herewith SB99-019, 069, 122 and 200.

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

SB98-044, amended as printed in House Journal, March 12, page 764;

SB99-046, amended as printed in House Journal, March 12, page 764;

SB99-112, amended as printed in House Journal, March 12, page 765;

SB99-123, amended as printed in House Journal, March 12, page 766, and on Third Reading as printed in House Journal March 15;

SB99-155, amended as printed in House Journal, March 12, page 766;

SB99-168, amended as printed in House Journal, March 12, pages 764-765.

The House has adopted and returns herewith SJR99-015.

The House has voted not to concur in the Senate amendments to HB99-1048 and requests that a conference committee be appointed. The Speaker has appointed Representatives Pfiffner, chairman, McKay, and Vigil as House conferees on the First Conference Committee on HB99-1048. The House has granted authorization to go beyond the scope of the differences. The bill is transmitted herewith.

The House has voted not to concur in the Senate amendments to HB99-1134 and requests that a conference committee be appointed. The bill is transmitted herewith.

The House has voted to concur in the Senate amendments to HB99-1026, 1072, 1075, 1114, 1143, 1147, 1191 and 1215 and has repassed the bills as so amended.

MESSAGE FROM THE REVISOR

March 15, 1999

We herewith transmit:

without comment, as amended, HB99-1019, SB99-044, 046, 112, 123, 155, and 168.

SIGNING OF BILLS - RESOLUTIONS

The President has signed: HB99-1067, 1096, 1201; also HJR99-1013.

INTRODUCTION OF RESOLUTION

SR 99-008 by Senators Blickensderfer, Powers, and Feeley--Concerning the appointment of employees for the Senate of the sixty-second general assembly.

CONCERNING THE APPOINTMENT OF EMPLOYEES FOR THE SENATE OF THE SIXTY-SECOND GENERAL ASSEMBLY.

Be It Resolved by the Senate of the Sixty-second General Assembly of the State of Colorado:

That the following named persons be appointed as officers and employees of the Senate of the First Regular Session of the Sixty-second General Assembly, to the positions set opposite their respective names:

Assistant Enrolling Clerk: Christopher G. Quint

Telephone Receptionist, Minority: Vanessa M. Malone

Laid over one day under Senate Rule 30(c), and placed on the calendar of Tuesday,

March 16.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 99­1113

**************************

THIS REPORT AMENDS THE

REENGROSSED BILL

**************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB 99­1113, concerning an increase in the funding for charter schools, has met and reports that it has agreed upon the following:

1. That the Senate recede from its amendments made to the bill, as said amendments appear in the rerevised bill, and that the following amendment be substitute therefor:

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".

Page 4, before line 1, insert the following:

"SECTION 2.  No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".

Renumber succeeding section accordingly.

2.  That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendment be recommended:

Amend reengrossed bill, page 1, line 2, strike "and (2) (c)," and substitute "(2) (c), and (3) (a),";

line 4, strike "A NEW PARAGRAPH," and substitute "THE FOLLOWING NEW PARAGRAPHS,";

line 6, after "(a)", insert "(I)";

strike line 8 and substitute the following:

"the school district to the charter school.

(II)  FOR THE 1999­2000 BUDGET YEAR, 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).".

Page 2, strike lines 1 through 4 and substitute the following:

"(III)  FOR BUDGET YEAR 2000­2001 AND BUDGET YEARS THEREAFTER, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (a.3) OF THIS SUBSECTION (2), EACH CHARTER SCHOOL AND";

after line 12, insert the following:

"(a.3)  IF THE AUTHORIZING SCHOOL DISTRICT ENROLLS FIVE HUNDRED OR FEWER STUDENTS, THE CHARTER SCHOOL SHALL RECEIVE FUNDING IN THE AMOUNT OF THE GREATER OF ONE HUNDRED PERCENT OF THE DISTRICT PER PUPIL REVENUES FOR EACH PUPIL ENROLLED IN THE CHARTER SCHOOL MINUS THE ACTUAL AMOUNT OF THE CHARTER SCHOOL'S PER PUPIL SHARE OF THE CENTRAL ADMINISTRATIVE OVERHEAD COSTS INCURRED BY THE SCHOOL DISTRICT, BASED ON AUDITED FIGURES, OR EIGHTY­FIVE PERCENT OF THE DISTRICT PER PUPIL REVENUES FOR EACH PUPIL ENROLLED IN THE CHARTER SCHOOL.";

after line 22, insert the following:

"(III)  "PER PUPIL OPERATING REVENUES" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION 22­54­103 (9).

(a.7)  FOR THE 2000­2001 BUDGET YEAR AND BUDGET YEARS THEREAFTER, EACH CHARTER SCHOOL SHALL ANNUALLY ALLOCATE THE MINIMUM PER PUPIL DOLLAR AMOUNT SPECIFIED IN SECTION 22­54­105 (2) (b), MULTIPLIED BY THE NUMBER OF STUDENTS ENROLLED IN THE CHARTER SCHOOL, TO A FUND CREATED BY THE CHARTER SCHOOL FOR CAPITAL RESERVE PURPOSES, AS SET FORTH IN SECTION 22­45­103 (1) (c) AND (1) (e), OR 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. SAID MONEYS SHALL BE USED FOR THE PURPOSES SET FORTH IN SECTION 22­45­103 (1) (c) AND (1) (e) AND MAY NOT BE EXPENDED BY THE CHARTER SCHOOL FOR ANY OTHER PURPOSE.

(a.8)  FOR THE 2000­2001 BUDGET YEAR AND BUDGET YEARS THEREAFTER, THE SCHOOL DISTRICT SHALL PROVIDE FEDERALLY REQUIRED EDUCATIONAL SERVICES TO STUDENTS ENROLLED IN CHARTER SCHOOLS ON THE SAME BASIS AS SUCH SERVICES ARE PROVIDED TO STUDENTS ENROLLED IN OTHER PUBLIC SCHOOLS OF THE SCHOOL DISTRICT. EACH CHARTER SCHOOL SHALL PAY AN AMOUNT EQUAL TO THE PER PUPIL COST INCURRED BY THE SCHOOL DISTRICT IN PROVIDING FEDERALLY REQUIRED EDUCATIONAL SERVICES, MULTIPLIED BY THE NUMBER OF STUDENTS ENROLLED IN THE CHARTER SCHOOL. AT EITHER PARTY'S REQUEST, HOWEVER, THE CHARTER SCHOOL AND THE SCHOOL DISTRICT MAY NEGOTIATE AND INCLUDE IN THE CHARTER CONTRACT ALTERNATE ARRANGEMENTS FOR THE PROVISION OF AND PAYMENT FOR FEDERALLY REQUIRED EDUCATIONAL SERVICES.".

Page 3, strike lines 18 through 21 and substitute the following:

"(c) (I)  FOR THE 1999­2000 BUDGET YEAR, 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 BUDGET YEAR 2000­2001 AND BUDGET YEARS";

line 25, strike "SCHOOL." and substitute "SCHOOL OR AS OTHERWISE PROVIDED IN PARAGRAPH (a.3) OF THIS SUBSECTION (2) FOR ANY CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT THAT ENROLLS FIVE HUNDRED OR FEWER STUDENTS.";

after line 25, insert the following:

"(3) (a)  Notwithstanding subsection (2) of this section, IF THE CHARTER SCHOOL AND THE SCHOOL DISTRICT HAVE NEGOTIATED TO ALLOW THE CHARTER SCHOOL TO PROVIDE FEDERALLY REQUIRED EDUCATIONAL SERVICES PURSUANT TO PARAGRAPH (a.8) OF SUBSECTION (2) OF THIS SECTION:

(I)  The proportionate share of state and federal resources generated by students with disabilities or staff serving them shall be directed to THE charter schools SCHOOL enrolling such students by their school districts or administrative units; AND

(II)  The proportionate share of moneys generated under other federal or state categorical aid programs shall be directed to the charter schools SCHOOL serving students eligible for such aid.

SECTION 2.  22­54­105 (2) (b), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

22­54­105.  Instructional supplies and materials ­ capital reserve and insurance reserve. (2) (b) (III)  FOR THE 2000­2001 BUDGET YEAR AND BUDGET YEARS THEREAFTER, THE AMOUNT REQUIRED TO BE BUDGETED PURSUANT TO THIS PARAGRAPH (b) SHALL BE REDUCED BY AN AMOUNT DETERMINED BY MULTIPLYING THE MINIMUM DOLLAR AMOUNT REQUIRED TO BE BUDGETED FOR THAT BUDGET YEAR PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH (b) BY THE NUMBER OF PUPILS ENROLLED IN CHARTER SCHOOLS WITHIN THE SCHOOL DISTRICT.".

Renumber succeeding sections accordingly.

Respectfully submitted,

House Committee Senate Committee

(Signed) (Signed)

Rep. Doug Dean, Chairman Sen. Ken Arnold, Chairman

Rep. Keith King Sen. Ed Perlmutter

Rep. Bob Bacon Sen. Norma Anderson

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

March 16, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate