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

83rd Legislative Day Monday, March 29, 1999

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

Order

Prayer By the chaplain, Rev. Glen Hamlyn, Rocky Mountain Cathedral

Roll Call Present--Total, 33.

Absent/Excused--Lacy, Tebedo--Total, 2.

Present later--Lacy, Tebedo.

Quorum The President announced a quorum present.

Reading of On motion of Senator Andrews, reading of the Journal of March 26th was

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

SENATE SERVICES REPORT

Senate Correctly printed: SJR 99-23..

Services Correctly enrolled: SB99-63, 69.

Correctly engrossed: SB99-215, 216.

To the Governor for signature on Friday, March 26, 1999, at 9:40 am:

SB 99-57, 122, 172.

COMMITTEE OF REFERENCE REPORTS

Judiciary After consideration on the merits, the committee recommends that HB99-1218 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 5, after "PERSON", insert "AND SUCH PERSON'S SPOUSE, AS REQUIRED UNDER SECTION 19-5-202 (3),";

strike lines 6 through 9 and substitute the following:

"(a) HAS BEEN AWARDED CUSTODY OR ALLOCATED PARENTAL RESPONSIBILITIES BY A COURT OF LAW IN A DISSOLUTION OF MARRIAGE, CUSTODY OR ALLOCATION OF PARENTAL RESPONSIBILITIES PROCEEDING, OR HAS BEEN AWARDED GUARDIANSHIP OF THE CHILD BY A COURT OF LAW IN A PROBATE ACTION, SUCH AS PURSUANT TO PART 2 OF ARTICLE 14 OF TITLE 15; AND

(b) HAS HAD PHYSICAL CUSTODY OF THE CHILD FOR A PERIOD OF ONE YEAR OR MORE.";

line 11, after the second "CHILD", insert "AND SUCH RELATIVE'S SPOUSE, AS REQUIRED UNDER SECTION 19-5-202 (3),";

strike lines 15 through 18 and substitute the following:

"(b)  HAS HAD PHYSICAL CUSTODY OF THE CHILD FOR A PERIOD OF ONE YEAR OR MORE AND THE CHILD IS NOT THE SUBJECT OF A PENDING DEPENDENCY AND NEGLECT PROCEEDING PURSUANT TO ARTICLE 3 OF THIS TITLE.";

line 21, strike "(a)";

strike line 26.

Page 3, strike lines 1 through 5;

strike lines 17 through 20 and substitute the following:

"KINSHIP ADOPTION HAS HAD PHYSICAL CUSTODY OF THE CHILD FOR A PERIOD OF ONE YEAR OR MORE AND THE CHILD IS NOT THE SUBJECT OF A PENDING DEPENDENCY AND NEGLECT PROCEEDING PURSUANT TO ARTICLE 3 OF THIS TITLE.";

line 21, strike "19­3­508 (1) (c)".

Page 4, line 2, after "PETITIONER", insert "THAT DESCRIBES WITH SPECIFICITY THE DILIGENT SEARCH MADE BY THE PETITIONER, AND THAT STATES";

line 8, strike "TIME," and substitute "HEARING,".

Page 5, line 1, after "PETITIONER", insert "THAT DESCRIBES WITH SPECIFICITY THE DILIGENT SEARCH MADE BY THE PETITIONER, AND THAT STATES";

line 7, strike "TIME," and substitute "HEARING,".

Page 6, after line 9, insert the following:

"SECTION 5. 19­5­208, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:

19­5­208.  Petition for adoption. (5)  IN ALL STEPPARENT, CUSTODIAL, AND KINSHIP ADOPTIONS, THE PETITION SHALL CONTAIN A STATEMENT INFORMING THE COURT WHETHER THE PROSPECTIVE ADOPTIVE PARENT WAS CONVICTED AT ANY TIME BY A COURT OF COMPETENT JURISDICTION OF A FELONY IN ONE OF THE FOLLOWING AREAS: CHILD ABUSE OR NEGLECT; SPOUSAL ABUSE; ANY CRIME AGAINST A CHILD; OR ANY CRIME INVOLVING VIOLENCE, RAPE, SEXUAL ASSAULT, OR HOMICIDE, EXCLUDING OTHER PHYSICAL ASSAULT OR BATTERY. IN ADDITION, THE PETITIONER SHALL ATTACH TO THE PETITION A CURRENT CRIMINAL RECORDS CHECK, PAID FOR BY THE PETITIONER.

(6)  IN ALL CUSTODIAL AND KINSHIP ADOPTIONS, THE PETITION SHALL CONTAIN A STATEMENT THAT THE PETITIONER HAS CONSULTED WITH THE APPROPRIATE LOCAL COUNTY DEPARTMENT OF SOCIAL SERVICES CONCERNING THE POSSIBLE ELIGIBILITY OF THE PETITIONER AND THE CHILD FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF), MEDICAID, SUBSIDIZED ADOPTION AND OTHER SERVICES OR PUBLIC ASSISTANCE ADMINISTERED BY THE COUNTY DEPARTMENT OF SOCIAL SERVICES.".

Renumber succeeding sections accordingly.

Page 6, after line 21, insert the following:

"SECTION 7. 19­5­210, Colorado Revised Statutes, is amended to read:

19­5­210.  Hearing on petition. (1)  A hearing on the petition for adoption shall be held on the date set or the date to which the matter has been regularly continued.

(1.5)  EXCEPT IN STEPPARENT, CUSTODIAL, OR KINSHIP ADOPTIONS, the court shall issue a certificate of approval of placement, placing the child's custodial care with prospective adoptive parents pending final hearing on the petition for adoption, if it appears to the court that the placement for adoption is in the best interest of the child.

(2)  IN STEPPARENT, CUSTODIAL, OR KINSHIP ADOPTIONS, THE COURT SHALL HOLD A HEARING ON THE PETITION AS SOON AS POSSIBLE. IN ALL OTHER ADOPTIONS, THE COURT SHALL HOLD A HEARING ON THE PETITION no sooner than six months after the date of the placement, unless for good cause shown that time is extended or shortened by the court. the court shall hold a hearing on the petition and. AT THE HEARING HELD ON THE PETITION, THE COURT shall enter a decree setting forth its findings and grant to the petitioner a final decree of adoption if it is satisfied as to:

(a)  The availability of the child for adoption;

(b)  The good moral character, the ability to support and educate the child, and the suitableness of the home of the person adopting such child;

(b.5)  The criminal records check of the prospective adoptive parent as reported to the court by the county department of social services or the child placement agency pursuant to section 19­5­207 (2.5) OR THE INFORMATION PROVIDED TO THE COURT PURSUANT TO SECTION 19­5­208 (5) does not reveal a criminal history described in 19­5­207 (2.5) (a);

(c)  The mental and physical condition of the child as a proper subject for adoption in said home; and

(d)  The fact that the best interests of the child will be served by the adoption.

(3)  The former name of the child shall not be stated in the final decree of adoption.

(4)  If, after the hearing, the court is not satisfied as to the matters listed in subsection (2) of this section, the petition for adoption may be either continued or dismissed in the discretion of the court. The court shall not grant the decree of final adoption if it determines that the prospective adoptive parent was convicted at any time by a court of competent jurisdiction of a felony in one of the following areas: Child abuse or neglect; spousal abuse; any crime against a child; or any crime involving violence, rape, sexual assault, or homicide, excluding other physical assault or battery.

(5)  All hearings with reference to adoption shall be closed to the public and, in the discretion of the court, to any child who is the subject of adoption and who is under twelve years of age, but the court may interview the child whenever it deems it proper.

(6)  IN A STEPPARENT ADOPTION, IN ADDITION TO ISSUING A FINAL DECREE OF ADOPTION, THE COURT SHALL ENTER AN ORDER TERMINATING THE OTHER PARENT'S PARENTAL RIGHTS. IN A CUSTODIAL OR KINSHIP ADOPTION, IN ADDITION TO ISSUING A FINAL DECREE OF ADOPTION, THE COURT SHALL ENTER AN ORDER TERMINATING THE PARENTAL RIGHTS OF THE CHILD'S PARENTS.

SECTION 8.  19­5­211 (2), Colorado Revised Statutes, is amended to read:

19­5­211.  Legal effects of final decree. (2)  The natural parents shall be divested of all legal rights and obligations with respect to the child, and the adopted child shall be free from all legal obligations of obedience and maintenance with respect to the natural parents.".

Renumber succeeding sections accordingly.


State, After consideration on the merits, the committee recommends that the following be

Veterans, referred favorably to the Committee on Appropriations: SCR99-001

and Military

Affairs

Trans- After consideration on the merits, the committee recommends that the following be

portation referred favorably to the Committee of the Whole: HB99-1256


MESSAGE FROM THE HOUSE:

March 26, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1238.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1110, amended as printed in House Journal, March 25, pages 954-957, and on Third Reading as printed in House Journal March 26;

HB99-1203, amended as printed in House Journal, March 25, page 952;

HB99-1206, amended as printed in House Journal, March 25, pages 949-950;

HB99-1271, amended as printed in House Journal, March 25, pages 950-951;

HB99-1293, amended as printed in House Journal, March 25, pages 952-953;

HB99-1299, amended as printed in House Journal, March 25, pages 953-954;

HB99-1319, amended as printed in House Journal, March 25, page 952;

SB99-142, amended as printed in House Journal, March 25, page 952.

The House has passed on Third Reading and returns herewith SB99-050 and 114.

The House has adopted and returns herewith SJR99-022.

The House has voted to concur in the Senate amendments to HB99-1049, 1117 and 1157 and has repassed the bills as so amended.

The House has voted not to concur in the Senate amendments to HB99-1274 and requests that a conference committee be appointed. The Speaker has appointed Representatives King, chairman, Mitchell, and Keller as House conferees on the First Conference Committee on HB99-1274. The bill is transmitted herewith.

The House voted to adhere to its position on HB99-1033. The bill is transmitted herewith.


MESSAGE FROM THE REVISOR

March 26, 1999

We herewith transmit:

without comment, HB99-1238; and,

without comment, as amended, HB99-1110, 1203, 1206, 1271, 1293, 1299, 1319, and SB99-142.

MESSAGE FROM THE GOVERNOR

March 25, 1999

To the Honorable

Colorado Senate

Sixty-second General Assembly

First Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

S.B. 99-015 - Concerning Authorization for a county to Finance the Acquisition of Real Property for Public Recreational Use by Entering Into a Lease Purchase Agreement.

Approved March 25, 1999 at 4:32 p.m.

S.B. 99-017 - Concerning Continuation of the Statutory Authority for Commissions that Review Judicial Performance.

Approved March 25, 1999 at 5:45 p.m.

S.B. 99-031 - Concerning the Authority of Employee Leasing Companies to Provide Employer Benefit Plans of Behalf of Employers

Approved March 25, 1999 at 3:34 p.m.

S.B. 99-085 - Concerning the Continuation of the Division of the Colorado Civil Rights in the Department of Regulatory Agencies.

Approved March 25, 1999 at 3:56 p.m.

S.B. 99-111 - Concerning a Prohibition Against the Release of Destructive Rodent Pests Into a County Without the Prior Approval of the Board of County commissioners of the County.

Approved March 25, 1999 at 4:07 p.m.

S.B. 99-113 - Concerning Modifications to the Responsibilities of the Colorado Civil Rights Commission, and, In Connection Therewith, Authorizing the Colorado Civil Rights Commission to Mediate Disputes and Making Colorado Discrimination Laws Concerning Housing for Older Persons Equivalent to Federal Law.

Approved March 25, 1999 at 3:57 p.m.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/26/99 10:40 a.m.

P. Dicks, Secretary

APPOINTMENTS TO CONFERENCE COMMITTEES

HB 99-1160 by Rep. Fairbank; Sen. Dyer--Canvass Of Elections

The President appointed Senators Hillman, Chairman, Evans, and Dyer as Senate Conferees on the First Conference Committee on HB99-1160.

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

The President appointed Senators Andrews, Chairman, Congrove and Matsunaka as Senate Conferees on the First Conference Committee on HB99-1274.

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, April 5, retaining its place on the calendar.

HB 99-1325 by Rep. George; Senator Powers--Transportation RANs

Laid over until Monday, April 5, retaining its place on the calendar.

HB 99-1108 by Rep. Miller; Sen. Wattenberg--Permanent Extension Exemption Re Coal

Laid over until Monday, April 5, retaining its place on the calendar.

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

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

Third Reading Amendment No. 1, by Senator Chlouber

Amend engrossed bill, page 370, line 3, in the ITEM & SUBTOTAL column, strike "3,340,498" and substitute "3,518,929" and, in the CASH FUNDS EXEMPT column, strike "362,268(T)b" and substitute "540,699(T)b";

line 4, in the CASH FUNDS EXEMPT column, strike "(6.0 FTE)" and substitute "(9.0 FTE)";

line 5, in the ITEM & SUBTOTAL column, strike "245,070" and substitute "250,693" and, in the CASH FUNDS EXEMPT column, strike "11,417(T)b" and substitute "17,040(T)b".

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

A majority of all members elected to the Senate having voted in the affirmative, the amendment was adopted.

Call of Call of Senate.

Senate

Call Raised.

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

YES 20


NO 14


EXCUSED 1


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

N

Tanner

Y

Andrews

N

Feeley

N

Nichol

N

Tebedo

Y

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

N

Thiebaut

N

Chlouber

Y

Lacy

E

Perlmutter

N

Wattenberg

Y

Congrove

N

Lamborn

Y

Phillips

N

Weddig

N

Dennis

Y

Linkhart

N

Reeves

N

Wham

Y

Dyer

Y

Martinez

Y

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, as amended, was declared PASSED.

SB 99-216 by Sen. Lacy; Rep. Tool--General Fund Transfer To Cap Const Fund

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

YES 25


NO 9


EXCUSED 1


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

N

Tanner

Y

Andrews

N

Feeley

N

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

N

Pascoe

Y

Thiebaut

N

Chlouber

Y

Lacy

Y

Perlmutter

Y

Wattenberg

Y

Congrove

N

Lamborn

Y

Phillips

N

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

N

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-sponsor added: Tebedo.

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

of the for consideration of General Orders and Senator Teck 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 99-1145 by Rep. Taylor; Senator Anderson--Local Plumbing Inspection & Permitting

Laid over until Tuesday, March 30, retaining its place on the calendar.

HB 99-1097 by Rep. Dean; Senator Blickensderfer--Special Election For General Assembly

Laid over until Tuesday, March 30, retaining its place on the calendar.

SB 99-205 by Sen. Teck; Rep. Clapp--Local Government's Authority To Sue

(Local Government Committee amendment, printed in Senate Journal, March 10,

page 461, ruled out of order by the Chair of the Committee of the Whole.)

Laid over until Tuesday, March 30, retaining its place on the calendar.

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Laid over until Thursday, April 1, placed first on the calendar.

HB 99-1071 by Rep. Witwer; Sen. Grampsas and Blickensderfer--Immunity For Volunteer Doctors

Laid over until Tuesday, March 30, retaining its place on the calendar.

HB 99-1127 by Rep. Gotlieb; Senator Powers--Credit Card Payments To Govt Entities

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 11, pages 470-471.)







Amendment No. 2, by Senator Powers

Amend the Transportation Committee amendment, as printed in Senate Journal, March 11, page 470, after line 47, insert the following:

"after line 5, insert the following:

"(2)  "COLLECTOR STATE GOVERNMENTAL ENTITY" MEANS ANY STATE GOVERNMENTAL ENTITY THAT COLLECTS MONEYS PAYABLE TO THE STATE THAT THE STATE GOVERNMENTAL ENTITY MUST REMIT TO ONE OR MORE OTHER STATE OR LOCAL GOVERNMENTAL ENTITIES.".

Renumber succeeding subsections accordingly.";

strike lines 51 through 63 and substitute the following:

"Page 2, line 19, strike "state.  ANY" and substitute "state ­ allocation of costs. (1)  ANY";

after line 23, insert the following:

"(2)  A COLLECTOR STATE GOVERNMENTAL ENTITY THAT CHOOSES TO ACCEPT ONE OR MORE ALTERNATIVE FORMS OF PAYMENT FOR THE PAYMENT OF MONEYS PAYABLE TO THE STATE THAT THE COLLECTOR STATE GOVERNMENTAL ENTITY MUST REMIT TO ONE OR MORE OTHER GOVERNMENTAL ENTITIES SHALL EITHER:

(a)  REMIT TO SUCH OTHER GOVERNMENTAL ENTITIES THE GROSS AMOUNT OF ANY PAYMENTS MADE BY ALTERNATIVE FORMS OF PAYMENT THAT THE COLLECTOR STATE GOVERNMENTAL ENTITY IS REQUIRED TO REMIT TO SUCH OTHER GOVERNMENTAL ENTITIES NOTWITHSTANDING THE DEDUCTION OF ANY MONEYS FROM SUCH GROSS AMOUNT BY ANY PROVIDER OF ALTERNATIVE FORMS OF PAYMENT PURSUANT TO A MASTER AGREEMENT OR OTHER AGREEMENT AUTHORIZED BY THIS ARTICLE; OR

(b)  ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH EACH SUCH OTHER GOVERNMENTAL ENTITY REGARDING THE ALLOCATION OF THE COSTS OF ACCEPTING SUCH ALTERNATIVE FORMS OF PAYMENT.".";

after line 65, insert the following:

"after line 4, insert the following:

"(2)  "COLLECTOR LOCAL GOVERNMENTAL ENTITY" MEANS ANY STATE OR LOCAL GOVERNMENTAL ENTITY THAT COLLECTS MONEYS PAYABLE TO A LOCAL GOVERNMENTAL ENTITY THAT THE STATE OR LOCAL GOVERNMENTAL ENTITY MUST REMIT TO ONE OR MORE OTHER STATE OR LOCAL GOVERNMENTAL ENTITIES.".

Renumber succeeding subsections accordingly.;

line 22 strike "governments.  ANY" and substitute "governments ­ allocation of costs. (1)  ANY";

after line 26, insert the following:

"(2)  A COLLECTOR LOCAL GOVERNMENTAL ENTITY THAT CHOOSES TO ACCEPT ONE OR MORE ALTERNATIVE FORMS OF PAYMENT FOR THE PAYMENT OF MONEYS PAYABLE TO A LOCAL GOVERNMENTAL ENTITY THAT THE COLLECTOR LOCAL GOVERNMENTAL ENTITY MUST REMIT TO ONE OR MORE OTHER GOVERNMENTAL ENTITIES SHALL EITHER:

(a)  REMIT TO SUCH OTHER GOVERNMENTAL ENTITIES THE GROSS AMOUNT OF ANY PAYMENTS MADE BY ALTERNATIVE FORMS OF PAYMENT THAT THE COLLECTOR LOCAL GOVERNMENT ENTITY IS REQUIRED TO REMIT TO SUCH OTHER GOVERNMENTAL ENTITIES NOTWITHSTANDING THE DEDUCTION OF ANY MONEYS FROM SUCH GROSS AMOUNT BY ANY PROVIDER OF ALTERNATIVE FORMS OF PAYMENT PURSUANT TO A MASTER AGREEMENT OR OTHER AGREEMENT AUTHORIZED BY THIS ARTICLE; OR

(b)  ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH EACH SUCH OTHER GOVERNMENTAL ENTITY REGARDING THE ALLOCATION OF THE COSTS OF ACCEPTING SUCH ALTERNATIVE FORMS OF PAYMENT.".";

strike lines 69 through 72.

Page 471, strike lines 1 through 9.

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

HB 99-1225 by Rep. Leyba; Sen. Wattenberg--Primary Election Candidate Designation

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 99-1214 by Rep. Lawrence; Senator Wham--Statewide Trauma Care System

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

(Printed in Senate Journal, March 12, page 484.)

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

HB 99-1175 by Rep. Kaufman; Sen. Perlmutter--Colo Probate Code Changes

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 12, page 484.)

Amendment No. 2, by Senator Perlmutter

Amend the Judiciary Committee Report, as printed in Senate Journal, March 12, 1999, page 484, strike line 38, and substitute the following:

"Amend reengrossed bill, page 6, line 5, strike "IN EQUAL";

line 6, strike "SHARES AS TENANTS IN COMMON"";

line 45 of the committee report, change the period to a semicolon;

after line 45 of the committee report, insert the following:

"line 22, strike "EQUAL SHARES AS TENANTS";

line 23, strike "IN COMMON." and substitute "JOINT TENANCY WITH RIGHT OF SURVIVORSHIP.".".

Page 1 of the reengrossed bill, line 105, before "TENANCY", insert "JOINT";

line 106, strike "IN COMMON".

As amended, laid over until later in the day, March 29.


Senator Blickensderfer moved that the Committee of the Whole rise, report progress and

beg leave to sit again. A majority of those elected to the Senate having voted in the

affirmative, the motion was adopted.


ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Teck, 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:


HB99-1225 declared passed on Second Reading.

HB99-1127 as amended, HB99-1214 as amended, decayed passed on Second Reading.

HB99-1175 as amended, laid over until later in the day.

SB99-205; HB99-1145, 99-1097, 99-1071 laid over until Tuesday, March 30, retaining

their place on the calendar.

HB99-1305 laid over until Thursday, April 1, placed first on the calendar.

MESSAGE FROM THE HOUSE:

March 29, 1999

Mr. President:

The House has adopted and transmits herewith HJR99-1014, as printed in House Journal, March 17, pages 810-812

The House has adopted and transmits herewith HJR99-1017, as printed in House Journal, March 25, page 948-949.


INTRODUCTION AND CONSIDERATION OF RESOLUTIONS

The following resolutions were read by title and taken upon immediate consideration:

HJR 99-1014 by Representatives Stengel, Dean, George, Fairbank, Gagliardi, Gotlieb, Hagedorn, Kester, Lee, May, McKay, Miller, Nunez, Pfiffner, Sinclair, Spence, Swenson, Taylor, Tochtrop, Webster, T. Williams, and Young; also Senator Blickensderfer--Concerning the recognition of the 100th anniversary of the veterans of foreign wars.

Senator Blickensderfer moved to suspend Senate Rule 30(e).

A two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(e) was suspended and Immediate Consideration granted.

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

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


Co-sponsors added: Anderson, Andrews, Arnold, Chlouber, Congrove, Dennis, Dyer,

Epps, Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez,

Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.

HJR 99-1017 by Representatives Sinclair, Alexander, Allen, Bacon, Berry, Chavez, Clarke, Dean, Decker, Fairbank, Gagliardi, George, Gordon, Gotlieb, Hagedorn, Hoppe, Keller, Kester, Larson, Lawrence, Lee, Mace, May, McElhany, McPherson, Miller, Morrison, Nunez, Paschall, Plant, Saliman, Scott, Smith, Spence, Stengel, Swenson, Takis, Tapia, Taylor, Tochtrop, Tool, Tupa, Veiga, Vigil, Webster, S. Williams, T. Williams, Windels, Witwer, Young, and Zimmerman; also Senator Dyer--Concerning the recognition of military appreciation day.

Senator Blickensderfer moved to suspend Senate Rule 30(e).

A two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(e) was suspended and Immediate Consideration granted.

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

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


Co-sponsors added: Anderson, Andrews, Arnold, Blickensderfer, Chlouber, Congrove, Dennis, Epps, Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez,

Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.


MESSAGE FROM THE HOUSE:

March 29, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1330.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1326, amended as printed in House Journal, March 26, pages 983-987.

The House has passed on Third Reading and returns herewith SB99-014 and 090.


MESSAGE FROM THE REVISOR

March 29, 1999

We herewith transmit:

without comment, HB99-1330; and,

without comment, as amended, HB99-1326.

INTRODUCTION OF BILLS

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

SB 99-219 by Senators Thiebaut and Dennis; also Representatives Lawrence, Tapia, and Gagliardi--Concerning the state board of agriculture's authority to lease property for the purpose of housing certain organizations at the university of southern Colorado.

Education

HB 99-1110 by Representatives Fairbank and Dean; also Senator Thiebaut--Concerning the "Fair Campaign Practices Act", article 45 of title 1, Colorado Revised Statutes.

State, Veterans, & Military Affairs

HB 99-1203 by Representatives Hefley, Fairbank, Kaufman, Lawrence, McPherson, Mitchell, Paschall, and Witwer; also Senator Epps--Concerning testing for controlled substances of participants in the Colorado works program.

Health, Environment, Welfare & Institutions

Appropriations

HB 99-1206 by Representative May; also Senator Powers--Concerning the continuation of the allocation of the state sales and use tax to the highway users tax fund.

Finance

Appropriations

HB 99-1238 by Representative McElhany; also Senator Owen--Concerning application of the doctrine of contributory negligence to cases brought under the "Colorado Medical Assistance Act".

Health, Environment, Welfare & Institutions

Appropriations

HB 99-1271 by Representative Sullivant; also Senator Evans--Concerning financial incentives for clean fuel vehicles, and, in connection therewith, creating a state sales and use tax exemption for specified motor vehicles, power sources for motor vehicles, and parts used for converting the power sources of motor vehicles that are certified to meet specified emission standards and removing the prohibition against a person covered by the clean fuel fleet program from receiving incentives from the state for purchasing a clean fuel vehicle.

Finance

Appropriations

HB 99-1293 by Representative McElhany; also Senator Lamborn--Concerning the creation of a system to allow bulk electronic transfer of public records maintained by the department of revenue.

Transportation

Appropriations

HB 99-1299 by Representatives Hefley, Alexander, Gotlieb, Keller, Lawrence, McElhany, Mitchell, Pfiffner, Tool, and Witwer; also Senator Evans--Concerning enhanced opportunities for families to provide permanent adoptive homes for children in the custody of the county departments of social services.

Health, Environment, Welfare & Institutions

Appropriations

HB 99-1319 by Representatives Hoppe, Alexander, Johnson, and Webster; also Senator Wattenberg--Concerning the control of livestock designated diseases.

Agriculture, Natural Resources, and Energy

HB 99-1326 by Representatives McElhany, Pfiffner, Dean, George, Smith, and T. Williams; also Senators Owen, Blickensderfer, Chlouber, Powers, Wattenberg--Concerning the acquisition of property by local governments through urban renewal.

Business Affairs & Labor

HB 99-1330 by Representative Mitchell; also Senator Pascoe--Concerning the recommendations of the legislative council relating to approval of air quality control commission revisions to the air quality state implementation plan.

Health, Environment, Welfare & Institutions



FIRST REPORT OF SECOND CONFERENCE COMMITTEE

ON HB99­1134

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

THIS REPORT AMENDS THE

REREVISED BILL

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

To the President of the Senate and the

Speaker of the House of Representatives:

Your second conference committee appointed on HB99­1134, concerning the funding of underground conversion of overhead public utilities, has met and reports that it has agreed upon the following:

That the House accede to the Senate amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 4, line 1, after "A", insert "DIRECT";

line 11, after "A", insert "DIRECT".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Mark Larson, Chair Sen. Dave Wattenberg, Chair

Rep. Brad Young Sen. Norma Anderson

Rep. Bob Hagedorn Sen. Jim Dyer




FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB99­1269

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

THIS REPORT AMENDS THE

REREVISED BILL

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

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99­1269, concerning the reduction of workers' compensation benefits in cases where a claimant makes a materially deceptive statement that willfully misleads an employer as part of the job application process concerning the physical ability of the claimant to perform the requirements of the job, has met and reports that it has agreed upon the following:

That the House accede to the Senate amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 2, line 3, strike "BENEFITS SHALL BE REDUCED WHERE" and substitute "WHERE";

line 4, after "EMPLOYEE'S", insert "PHYSICAL";

line 5, strike "SAFELY".

Respectfully submitted,


House Committee: Senate Committee:

(Signed) (Signed)

Rep. Keith King, Chair Sen. Dave Owen, Chair

Rep. Abel Tapia Sen. Norma Anderson

Rep. Tambor Williams Sen. Jim Dyer


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

of the for consideration of General Orders and Senator Teck 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 99-1175 by Rep. Kaufman; Sen. Perlmutter--Colo Probate Code Changes

(Amended in General Orders, as printed in Senate Journal, March 29, page 604.)

Amendment No. 1, by Senator Lamborn

Amend reengrossed bill, page 7, after line 16, insert the following:

"SECTION 6.  Part 4 of article 10 of title 15, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

15-10-404.  Actions by heirs for death.  (1)  IN ANY CIVIL ACTION OR ARBITRATION PROCEEDING BROUGHT BY AN HEIR OR HEIRS TO A DECEASED PERSON UNDER ARTICLE 21 OF TITLE 13, C.R.S., EXEMPLARY DAMAGES MAY NOT BE INCLUDED IN ANY INITIAL CLAIM FOR RELIEF. A CLAIM FOR SUCH EXEMPLARY DAMAGES MAY BE ASSERTED BY AMENDMENT TO THE PLEADINGS ONLY AFTER THE SUBSTANTIAL COMPLETION OF DISCOVERY AND ONLY AFTER THE PLAINTIFF ESTABLISHES PRIMA FACIE PROOF OF A TRIABLE ISSUE. IF THE COURT OR ARBITRATOR ALLOWS SUCH AN AMENDMENT TO THE COMPLAINT, IT MAY ALSO IN ITS DISCRETION, PERMIT ADDITIONAL DISCOVERY ON THE QUESTION OF EXEMPLARY DAMAGES.

(2) (a)  IN ALL CIVIL ACTIONS FOR DAMAGES BROUGHT UNDER ARTICLE 21 OF TITLE 13, C.R.S., IN WHICH DAMAGES ARE ASSESSED BY THE TRIER OF FACT, AND THE DEATH COMPLAINED OF IS ATTENDED BY CIRCUMSTANCES OF FRAUD, MALICE, OR WILLFUL AND WANTON CONDUCT, THE TRIER OF FACT, IN ADDITION TO AWARDING THE ACTUAL DAMAGES, MAY AWARD THE HEIR OR HEIRS REASONABLE EXEMPLARY DAMAGES. THE AMOUNT OF SUCH REASONABLE EXEMPLARY DAMAGES SHALL NOT EXCEED AN AMOUNT THAT IS EQUAL TO THE AMOUNT OF THE ACTUAL DAMAGES AWARDED TO THE INJURED PARTY.

(b)  FOR PURPOSES OF THIS SUBSECTION (2), "WILLFUL AND WANTON CONDUCT" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 13-21-102 (1) (b), C.R.S.

(3)  ALL CLAIMS FOR EXEMPLARY DAMAGES FOR WRONGFUL DEATH ACTIONS ARISING FROM PROFESSIONAL NEGLIGENCE IN HEALTH CARE SHALL BE GOVERNED BY THE PROVISIONS OF THE SECTION 13-64-302.5, C.R.S.".

Renumber succeeding sections accordingly.


Amendment No. 2, by Senator Lamborn

Amend the Lamborn floor amendment, as printed in Senate Journal, page 609, line 15, before "ARTICLE", insert "PART 2 OF";

line 27, before "ARTICLE", insert "PART 2 OF".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see page 612 where the Wattenberg amendment to the Report

of the Committee of the Whole was adopted and the Lamborn amendments No. 1 and

No. 2 to HB 99-1175 as amended, were declared lost. For further action, see page 612

where the Lamborn amendment to the Report of the Committee of the Whole was adopted and HB 99-1175 as amended, was ordered laid over until Tuesday, March 30 retaining its

place on the calendar.)


HB 99-1090 by Rep. Keller; Senator Wham--Protection From Restraint

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

(Printed in Senate Journal, March 12, pages 484-486.)

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



SB 99-204 by Sen. Tebedo; Rep. McElhany--State Reporting Requirements

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

(Printed in Senate Journal, March 15, pages 495-497.)

Ordered engrossed and placed on the calendar for Third Reading and Final Passage.

HB 99-1107 by Rep. Swenson; Sen. Hillman--Work Comp Permanent Disability

(Amended in General Orders as printed in Senate Journal, March 24, page 569.)

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

HB 99-1236 by Rep. Chavez; Sen. Feeley--Repeal Of The Dead Man's Statute

Laid over until Tuesday, March 30, retaining its place on the calendar.

HB 99-1037 by Rep. Windels; Sen. Epps--Barring A Student From A Victim's School

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, March 16, page 507.)

Amendment No. 2, by Senator Epps

Amend Education Committee amendment, as printed in Senate Journal, March 16, page 507, line 18, strike "A" and substitute "EXCEPT AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (4), A";

line 22 of the committee amendment, strike "IS EXPELLED FROM A SCHOOL DISTRICT" and substitute "IS EXPELLED FROM A PUBLIC SCHOOL OF THE SCHOOL DISTRICT";

line 34 of the committee amendment, strike "ANY OFFENSE THAT DOES NOT HAVE AN IDENTIFIABLE VICTIM OR".

Amendment No. 3, by Senator Epps

Amend Education Committee amendment, as printed in Senate Journal, March 16, page 507, strike lines 27 through 31 and substitute the following:

""(b)  IN ANY SCHOOL DISTRICT THAT HAS ONLY ONE SCHOOL IN WHICH THE EXPELLED STUDENT CAN ENROLL, THE SCHOOL DISTRICT SHALL EITHER:

(I)  PROHIBIT THE STUDENT EXPELLED FROM THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH (c) OR (d) OF SUBSECTION (1) OF THIS SECTION FROM ENROLLING OR RE­ENROLLING IN THE SAME SCHOOL IN WHICH THE VICTIM OF THE OFFENSE OR MEMBER OF A VICTIM'S IMMEDIATE FAMILY IS ENROLLED OR EMPLOYED; OR

(II)  DESIGN A SCHEDULE FOR THE EXPELLED STUDENT THAT, TO THE EXTENT POSSIBLE, AVOIDS CONTACT BETWEEN THE EXPELLED STUDENT AND THE VICTIM OR A MEMBER OF THE VICTIM'S IMMEDIATE FAMILY.".

Amendment No. 4, by Senator Thiebaut

Amend Education Committee amendment, as printed in Senate Journal, March 16, page 507, line 48, after "(e)", insert "(I)";

line 49 of the committee amendment, after "HAVE", insert "ORIGINAL CONCURRENT";

line 53 of the committee amendment, strike "EMPLOYED."." and substitute "EMPLOYED.";

after line 53 of the committee amendment, insert the following:

"(II) A MOTION FOR A TEMPORARY CIVIL RESTRAINING ORDER PURSUANT TO THIS PARAGRAPH (e) SHALL BE SET FOR HEARING, WHICH HEARING SHALL BE EX PARTE, AT THE EARLIEST POSSIBLE TIME AND SHALL TAKE PRECEDENCE OVER ALL MATTERS, EXCEPT THOSE MATTERS OF THE SAME CHARACTER THAT HAVE BEEN ON THE COURT DOCKET FOR A LONGER PERIOD OF TIME. THE COURT SHALL HEAR ALL SUCH MOTIONS AS EXPEDITIOUSLY AS POSSIBLE."."

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

HB 99-1027 by Rep. S. Williams; Sen. Wham--Criminal Mischief Graffiti Penalty

Amendment No. 1, by Senator Matsunaka

Amend reengrossed bill, page 4, after line 18, insert the following:

"SECTION 5.  10-4-719.7 (1), Colorado Revised Statutes, is amended to read:

10­4­719.7.  Refusal to write, changes in, cancellation, or nonrenewal of policies prohibited. (1)  No insurer shall cancel, fail to renew, refuse to write, reclassify an insured under, reduce coverage under, unless the reduction is part of a general reduction in coverage filed with the commissioner, or increase the premium for, unless the increase is part of a general increase in premiums filed with the commissioner, any complying policy because the applicant, insured, or any resident of the household of the applicant or insured has:

(a)  Had an accident or accidents which are not the fault of such named applicant, insured, household member, or permissive user;

(b)  HAD A LICENSE REVOKED PURSUANT TO SECTION 42-2-125 (1) (n), C.R.S., OR BEEN DENIED A LICENSE PURSUANT TO SECTION 42-2-104 (3) (f), C.R.S., BASED UPON A CONVICTION OR ADJUDICATION UNDER SECTION 18-4-501 (2) OR 18-4-509 (2), C.R.S.".

Renumber succeeding sections accordingly.

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

HB 99-1304 by Rep. Grossman; Senator Wham--Strengthening Burglary

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 99-1070 by Rep. Leyba; Senator Reeves--Second Deg Sexual Assault

Ordered revised and placed on the calendar for Third Reading and Final Passage.


HB 99-1310 by Rep. McElhany; Senator Owen--Exempt Commercial Policyholders

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 99-1290 by Rep. Kaufman; Sen. Evans--Limits On Breach Of Fid Duty Cases

Ordered revised and placed on the calendar for Third Reading and Final Passage.

The following bills on the General Orders calendar of Monday, March 29 were

laid over until Tuesday, March 30, retaining their place on the calendar:

HB99-1301, 99-1283, 99-1268, 99-1284, 99-1171, 99-1288; SB99-210, 99-206;

HB99-1189, 99-1159, 99-1294, 99-1180, 99-1239, 99-1204, 99-1234, 99-1163;

SB99-089; HB99-1056, 99-1253.

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 99-1175 by Rep. Kaufman; Sen. Perlmutter--Colo Probate Code Changes

Senator Wattenberg moved to amend the Report of the Committee of the Whole to

show that the Lamborn floor amendments No. 1 and No. 2, made to HB99-1175 as

amended, as printed in Senate Journal, March 29, page 609, lines 7 through 54, did

not pass.

A majority of all members elected to the Senate having voted in the affirmative, the motion was adopted.

ROLL CALL VOTE ON HB99-1290

HB 99-1290 by Rep. Kaufman; Sen. Evans--Limits On Breach Of Fid Duty Cases

On request of Senator Thiebaut, the President ordered a roll call vote on HB99-1290.

Call of Call of Senate.

Senate

Call Raised.

YES 18


NO 16


EXCUSED 1


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

N

Andrews

Y

Feeley

N

Nichol

N

Tebedo

Y

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

N

Thiebaut

N

Chlouber

Y

Lacy

N

Perlmutter

*

Wattenberg

N

Congrove

Y

Lamborn

Y

Phillips

N

Weddig

N

Dennis

N

Linkhart

N

Reeves

N

Wham

N

Dyer

Y

Martinez

N

Rupert

N

Mr. President

Y

Epps

Y

Matsunaka

N

Sullivant

Y


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

AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 99-1175 by Rep. Kaufman; Sen. Perlmutter--Colo Probate Code Changes

Senator Lamborn moved to amend the Report of the Committee of the Whole to show

that HB99-1175, as amended, was laid over until Tuesday, March 30.

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 Teck, 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:

HB 99-1304, 99-1070, 99-1310, 99-1290, declared passed on Second Reading.

SB99-204 as amended, HB 99-1027 as amended, 99-1090 as amended, 99-1107 as amended, 99-1037 as amended, declared passed on Second Reading.

HB99-1175, as amended, laid over until Tuesday, March 30, retaining its place on the

calendar.

HB99-1236 , 99-1301, 99-1283, 99-1268, 99-1284, 99-1171, 99-1288; SB99-210, 99-206; HB99-1189, 99-1159, 99-1294, 99-1180, 99-1239, 99-1204, 99-1234, 99-1163;

SB99-089; HB99-1056, 99-1253, laid over until Tuesday, March 30, retaining their place

on the calendar.

NOTICE OF INTENT TO RECONSIDER THE ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

Having voted on the prevailing side, Senator Thiebaut gave notice of intent to move for the reconsideration of the Adoption of the Report of the Committee of the Whole, as printed in Senate Journal, March 29, page 612.

______________________________

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 29, was laid over until Tuesday, March 30, retaining its place on the calendar.

______________________________

Senate in recess.

Senate reconvened.


INTRODUCTION OF BILL--FIRST READING

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

HB 99-1316 by Representatives Dean, Young, and Taylor; also Senator Chlouber--Concerning weapons.

Judiciary

MESSAGE FROM THE GOVERNOR

March 29, 1999

To the Honorable Colorado Senate

Sixty-Second General Assembly

First Regular Session

Denver, Colorado 80203

Ladies and Gentleman:

I am returning to you Senate Bill 99-037, "Concerning the Repeal of Specific Dropout Programs," which I vetoed today at 3:22 p.m. This letter sets forth my reasons for vetoing the bill.

SB 37 eliminates the statutory authority for two programs aimed at increasing the number of students who successfully graduate from Colorado's public high schools. The need for such programs is beyond question. One out of every five students enrolled in Colorado's public high schools - and fully one-third of all male students - dropped out last year. Among African-American students, the statewide drop-out rate is 30 percent; it rises to 37 percent for Hispanics and 45 percent for Native Americans.

Alarming though these statistics are, the good news is that high school drop-out rates have fallen in recent years. Statewide, graduation rates have improved nearly 3 percent during the past three years. Among minority students, graduation rates have improved across the board during the same period by at least that amount - in the case of Native Americans, by more than 7 percent.

These improved statewide graduation rates reflect a positive trend toward expanded educational opportunity for all students. They are due largely to the growing network of nearly 70 alternative and second-chance high schools in the state that address the educational needs of students who previously dropped out or who are at risk of doing so.

As a recent report by the Colorado Department of Education concludes: "These alternative schools not only impact districts' graduation rates but also the overall state graduation rate since they are serving more and more students." Impressively, the number of graduates from alternative schools in 1995 was 1,102 students, compared to 1,198 last year - a gain of nearly 9 percent.

Unfortunately, SB 37 threatens to reverse this promising trend by eliminating two alternative school programs specifically designed to help at-risk students. The first, the Second Chance program, allows school districts with high drop-out rates to apply to the State Board of Education, which is authorized to select individual schools or school districts to participate in the program. The second, Educational Clinics for Public School Dropouts, allows for alternative public or private schools to be authorized by the State Commissioner of Education. These schools are designed to help students who have previously dropped out or who are in danger of doing so.

Both programs - Second Chance and Educational Clinics - are based on measures that have worked effectively in other states. While neither has yet been used in Colorado, both have the potential to become important parts of our state's alternative-school framework for at-risk students. Accordingly, I have vetoed this bill.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/29/99 3:45 p.m.

P. Dicks, Secretary

SIGNING OF BILLS

The President has signed: HB99-1295.

The President has signed: HB99-1191 and 1231.

APPOINTMENT BY THE PRESIDENT

March 26, 1999

Mr. Charles Brown

Executive Director

Legislative Council

State Capitol #029

Denver, Co. 80203

Dear Mr. Brown:

In accordance with Section 23-11-103, C.R.S., I am pleased to appoint the following State Senator to serve on the Advanced Technology Institute Commission, Colorado (CATI):

Senator John Andrews

8547 East Arapahoe Road #J122

Englewood, CO 80112

Sincerely,

(Signed)

Ray Powers



TRIBUTES -- A POINT OF INTEREST

Honoring Annie Freeman -- by Senators Arnold, Lacy and Weddig

Honoring Lara Kendrick -- by Senators Arnold, Lacy and Weddig

Honoring Christein Leiper -- by Senators Arnold, Lacy and Weddig

Honoring Carol Parker -- by Senators Arnold, Lacy and Weddig

Honoring Elizabeth Pottle -- by Senators Arnold, Lacy and Weddig

Honoring Julie Schwartz -- by Senators Arnold, Lacy and Weddig

Honoring Elizabeth Shattock -- by Senators Arnold, Lacy and Weddig

Honoring Joanna Brown -- by Senators Arnold and Rupert

Honoring Kira Farnsworth -- by Senators Arnold and Rupert

Honoring Dayna Hoffman -- by Senators Arnold and Martinez

Honoring Michelle Wood -- by Senators Arnold and Martinez

Honoring Cassie Brownfield -- by Senators Arnold and Perlmutter

Honoring Christine Cortney -- by Senators Arnold, Congrove and Perlmutter

Honoring Michelle Garcia -- by Senators Arnold, Feeley and Anderson

Honoring Jennie Schneider -- by Senators Arnold and Nichol

Honoring Angela Seaton -- by Senator Arnold

Honoring Stacy Stevens -- by Senator Arnold


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

March 30, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate