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