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-first General Assembly

STATE OF COLORADO

Second Regular Session

111th Legislative Day Monday, April 27, 1998


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

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn.

Roll Call Present--Total, 32

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

Absent--Wells--Total, 1.

Present later--Alexander, Lacy, Wells.

Quorum The President announced a quorum present.

Reading of On motion of Senator Chlouber, reading of the Journal of April 24th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly enrolled: SB 98-13, 14; SJR 98-14, 18, 22.

Services

Correctly engrossed: SB 98-179, 189, 191, 195; SCR 98-8.

Correctly revised: HB 98-1009, 1037, 1058, 1242, 1321, 1369, 1394.

COMMITTEE OF REFERENCE REPORTS

Approp- After consideration on the merits, the committee recommends that HB 98-1411 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 5, after line 1, insert the following:

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

Renumber succeeding section accordingly.

Approp- After consideration on the merits, the committee recommends that HB 98-1334 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend the committee amendment, as printed in Senate Journal, April 22, page 924, strike lines 14 through 16, and substitute the following:

"Page 16 of the reengrossed bill, strike lines 5 through 23, and substitute the following:

"SECTION 9.  Appropriation. (1)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the persistent drunk driver cash fund, created in section 42­3­130.5, Colorado Revised Statutes, not otherwise appropriated, to the department of human services, for the fiscal year beginning July 1, 1998, the sum of eight hundred ten thousand eight hundred seventy­five dollars ($810,875), or so much thereof as may be necessary, for the implementation of this act.

HB 98-1334

(Cont.)

(2)  In addition to any other appropriation, there is hereby appropriated, to the department of transportation, the sum of eight hundred ten thousand eight hundred seventy­five dollars ($810,875), or so much thereof as may be necessary, for the implementation of this act. Said sum shall be from cash funds exempt received from the department of human services out of the appropriation made in subsection (1) of this section.".

Renumber succeeding sections accordingly.".

Education After consideration on the merits, the committee recommends that HB 98-1393 be

amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 1, after line 1, insert the following:

"SECTION 1.  Repeal. 22­5­118 (6) (b), Colorado Revised Statutes, is repealed as follows:

22­5­118.  Implementation and financing of regional education and support services ­ plan ­ annual report. (6) (b)  On or before January 1, 1998, and by January 1 of each year thereafter, the department of education shall submit to the education committees of the senate and the house of representatives a summary of the reports received pursuant to paragraph (a) of this subsection (6).".

Renumber succeeding sections accordingly.

Page 2, after line 10, insert the following:

"SECTION 4.  Repeal. 22­25­107 (2), Colorado Revised Statutes, is repealed as follows:

22­25­107.  Reports required. (2)  With the assistance of the department of public health and environment, participating school districts and boards of cooperative services, and other appropriate entities, the department of education shall develop an evaluation of the Colorado comprehensive health education program. The commissioner shall annually prepare a written report describing the results of such evaluation which shall include, but shall not be limited to, a review of the program's compliance with the expressed intent of this article and any evidence of changed outcomes and behaviors as a result of this article. The commissioner shall transmit such report to the governor, to the members of the general assembly, and to the chairmen of the senate and house committees on education and the senate and house committees on health, environment, welfare, and institutions.

SECTION 5. Repeal. 22­27­107 (4), Colorado Revised Statutes, is repealed as follows:

22­27­107.  Additional requirements for educational clinics. (4)  The department of education shall prepare a report to the joint budget committee and to the house and senate committees on education before each regular session, analyzing the effectiveness, cost impact, and fiscal benefits of the several certified educational clinics receiving reimbursements from the state or school districts pursuant to the provisions of this article. The department of education shall require clinics, school districts, and the commissioner to furnish the information it deems reasonably necessary to meet the requirements of this subsection (4). The department shall include in its report the number of students served, the cost per student, student backgrounds, student achievements, and comparisons with educational alternatives and other alternatives utilized by dropouts.".

Renumber succeeding sections accordingly.

Page 3, after line 5, insert the following:

"SECTION 8.  Repeal. 22­60­117 (1), Colorado Revised Statutes, is repealed as follows:

HB 98-1393

(Cont.)

22­60­117.  Department ­ report to general assembly. (1)  The department of education shall submit an oral and written report to the house and senate education committees of the general assembly in January of 1992 and each January thereafter on the implementation and effectiveness of alternative teacher certificates and alternative teacher programs. Such annual report shall include, but is not limited to, the following information:

(a)  The number of school districts, boards of cooperative services, and accredited independent schools which have alternative teacher programs;

(b)  The number of persons who applied for employment as alternative teachers with school districts, boards of cooperative services, and accredited independent schools having alternative teacher programs and the number of such applicants actually employed as alternative teachers in such alternative teacher programs;

(c)  The number of alternative teacher certificates issued by the department;

(d)  The number of alternative teachers who successfully completed alternative teacher programs, who were recommended for certification by a school district, a board of cooperative services, or an accredited independent school, and to whom a general teacher certificate was issued by the department;

(e)  The quality of alternative teachers specified in paragraph (d) of this subsection (1), as indicated by performance evaluations conducted pursuant to the rules and regulations of the state board of education;

(f)  The rate of attrition of alternative teachers to whom a general teacher certificate has been issued by the department as compared to the rate of attrition of teachers who were not alternative teachers to whom a general teacher certificate has been issued;

(g)  The costs incurred by the state of Colorado in the preparation of individuals to be eligible to become alternative teachers and to become qualified for issuance of general teacher certificates and the costs incurred by the state of Colorado in the preparation of individuals, other than alternative teachers, to become qualified for issuance of general teacher certificates; such costs shall include, but shall not be limited to, the costs incurred in providing curriculum, approved programs of teacher preparation, and approved alternative programs of teacher preparation at accepted institutions of higher education;

(h)  The results of any recruitment of minority persons to become alternative teachers, including, but not limited to, the manner in which such minority recruitment occurred and the number of persons successfully recruited;

(I)  Repealed.".

Renumber succeeding section accordingly.

MESSAGE FROM THE HOUSE

April 24, 1998

Mr. President:

The House has postponed indefinitely SB98-22, 24, 29, 41, 50, 68, and 106. The bills are returned herewith.


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:

SB 98-195 by Sen. Ament; Rep. S. Johnson--Pol Subdiv Standing To Protect Property

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


YES 24

NO 9

EXCUSED 2

ABSENT 0

Alexander
E
Feeley
N
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
N
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
N
Thiebaut
N

Bishop
Y
Johnson
Y
Phillips
N
Wattenberg
N

Blickensderfer
Y
Lacy
E
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
N
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
N
Rupert
N
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Lamborn, Powers, Tebedo.

SB 98-179 by Sen. Dennis; Rep. Young--Safe Drinking Water Act Enforcement

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


YES 33

NO 0

EXCUSED 2

ABSENT 0

Alexander
E
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
E
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Chlouber, Norton, Tebedo.

SB 98-189 by Sen. Hopper; Rep. Morrison--Regulation Of Retail Food Establishments

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


YES 33

NO 0

EXCUSED 2

ABSENT 0

Alexander
E
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
E
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

SB 98-191 by Sen. Dennis; Rep. Entz--Upper Purgatoire Watershed Land Purchase

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


YES 27

NO 6

EXCUSED 2

ABSENT 0

Alexander
E
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
N

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
N
Lacy
E
Powers
N
Weddig
Y

Chlouber
Y
Lamborn
N
Reeves
Y
Wells
Y

Coffman
N
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Bishop, Chlouber, Feeley, Johnson.

HB 98-1242 by Rep. Anderson; Sen. Lamborn--Reduction In PERA Contribution

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


YES 31

NO 2

EXCUSED 2

ABSENT 0

Alexander
E
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
N
Thiebaut
Y

Bishop
N
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
E
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsor added: Powers

HB 98-1009 by Rep. Sullivant; Senator Tebedo--Fire Suppression System Program

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


YES 33

NO 1

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
N
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
E
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

HB 98-1394 by Rep. Pankey; Senator Blickensderfer--Personal ID For State Benefits

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


YES 29

NO 5

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
N

Ament
Y
Hernandez
N
Pascoe
N
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
N

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
E
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
N
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Arnold, Lamborn, Mutzebaugh.

HB 98-1369 by Rep. Salaz; Sen. Arnold--Chiropractic License Examination

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


YES 34

NO 0

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
E
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

HB 98-1321 by Rep. G. Berry; Senator Hopper--Colorado Youth Mentoring Services

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


YES 32

NO 2

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
N

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
E
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
N
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Hernandez, Martinez, Pascoe, Rupert, Tanner, Wham.

HB 98-1037 by Rep. Entz; Senator Wattenberg--Mileage Allow For State Officers & Emp

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


YES 30

NO 4

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
N
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
N
Lacy
E
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
N
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Bishop, Johnson, Pascoe, Phillips, Rupert.

SCR 98-8 by Sen. Coffman--100 Day Legislative Sessions

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


YES 17

NO 17

EXCUSED 1

ABSENT 0

Alexander
N
Feeley
N
Mutzebaugh
Y
Tanner
N

Ament
N
Hernandez
N
Pascoe
N
Tebedo
Y

Arnold
N
Hopper
N
Perlmutter
N
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
N
Wattenberg
N

Blickensderfer
Y
Lacy
E
Powers
Y
Weddig
Y

Chlouber
N
Lamborn
Y
Reeves
Y
Wells
N

Coffman
Y
Linkhart
N
Rizzuto
N
Wham
N

Congrove
Y
Martinez
Y
Rupert
N
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

Less than a constitutional two-thirds majority of those elected to the Senate having voted in the affirmative, the concurrent resolution was declared LOST.

HB 98-1058 by Rep. Lamborn; Senator Norton--Environmental Leadership Program

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


YES 34

NO 0

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
E
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Chlouber, Linkhart.

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

of the for consideration of General Orders and Senator Chlouber 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 98-1072 by Rep. Morrison; Senator Wham--Regulation Of Psychotherapy

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

(Printed in Senate Journal, April 14, pages 776-818.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 23, page 946.)

Amendment No. 3, by Senator Wham

Amend the Health, Environment, Welfare, and Institutions committee amendment, as printed in Senate Journal, April 14, page 781, line 65, after "centers", insert "OR CLINICS";

line 66, after "centers", insert "OR CLINICS".

Page 797, strike lines 53 through 57 and substitute the following:

"UNDER THE PROVISIONS OF THIS PART 4.".

Page 801, strike lines 1 through 4 and substitute the following:

"(b)  HAS OBTAINED A BACHELOR'S DEGREE IN SOCIAL WORK FROM AN APPROVED SCHOOL. FOR LICENSURE, COMPLIANCE, AND DISCIPLINARY PURPOSES, A REGISTERED SOCIAL WORKER SHALL WORK UNDER THE SUPERVISION OF A LICENSED INDEPENDENT SOCIAL WORKER OR LICENSED CLINICAL SOCIAL WORKER; EXCEPT THAT, IN CASES WHERE NO LICENSED INDEPENDENT SOCIAL WORKER OR LICENSED CLINICAL SOCIAL WORKER IS AVAILABLE FOR SUPERVISION, THE REGISTERED SOCIAL WORKER MAY APPLY TO THE BOARD FOR APPROVAL FOR SUPERVISION BY A PERSON WITH EQUIVALENT EXPERIENCE AS DETERMINED BY THE BOARD.".

Page 803, line 5, after "RENDERED.", add "NOTHING IN THIS PART 4 SHALL PREVENT THE PROVISION OF EXPERT TESTIMONY BY SOCIAL WORKERS WHO ARE EXEMPTED BY THIS PART 4. PERSONS HOLDING AN EARNED DOCTORAL DEGREE IN SOCIAL WORK FROM AN APPROVED SCHOOL MAY USE THE TITLE "SOCIAL WORKER" IN CONJUNCTION WITH ACTIVITIES PERMITTED IN THIS SECTION.";

line 34, strike "CLINICAL";

after line 42, insert the following:

"(3)   AN EMPLOYEE OF THE STATE DEPARTMENT OF HUMAN SERVICES OR A COUNTY DEPARTMENT OF SOCIAL SERVICES WHO HAS EARNED A BACHELOR'S OR MASTERS DEGREE IN SOCIAL WORK MAY APPLY TO THE BOARD, FOR PURPOSES RELATED TO LICENSURE UNDER THIS PART 4, FOR APPROVAL FOR SUPERVISION BY A PERSON OTHER THAN A LICENSED INDEPENDENT SOCIAL WORKER OR LICENSED CLINICAL SOCIAL WORKER. THE BOARD SHALL CONSIDER INPUT FROM REPRESENTATIVES OF THE STATE DEPARTMENT OF HUMAN SERVICES AND THE COUNTY DEPARTMENTS OF SOCIAL SERVICES WHEN PROMULGATING THE RULE CONCERNING WHAT QUALIFICATIONS OR EXPERIENCE A PERSON IS REQUIRED TO POSSESS IN ORDER TO SUPERVISE AN EMPLOYEE PURSUANT TO THIS SUBSECTION (3).";

strike lines 52 through 55 and substitute the following:

HB 98-1072

(Cont.)

"COURSE OF STUDY IN MARRIAGE AND FAMILY THERAPY ACCREDITED BY THE COMMISSION ON ACCREDITATION FOR MARRIAGE AND FAMILY THERAPY EDUCATION, A NATIONALLY RECOGNIZED ACCREDITING AGENCY AS DETERMINED BY THE BOARD, OR A SUBSTANTIALLY EQUIVALENT PROGRAM APPROVED BY THE BOARD.".

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

HB 98-1266 by Rep. Taylor; Senator Coffman--Personal Income Tax Modifications

Laid over until Tuesday, April 28, retaining its place on the calendar.

SB 98-194 by Sen. Rizzuto; Rep. Grampsas--State Cash Funds

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 20, pages 886-897.)

Amendment No. 2, by Senator Rizzuto

Amend printed bill, page 37, line 18, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 40, line 7, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 11, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Amendment No. 3, by Senator Rizzuto

Amend printed bill, page 89, after line 18, insert the following:

"SECTION 121.  24­21­104 (3) (d), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

24­21­104.  Fees of secretary of state. (3) (d) (IV)  NOTWITHSTANDING ANY PROVISION OF PARAGRAPH (b) OF THIS SUBSECTION (3) TO THE CONTRARY, ON JULY 1, 1998, THE STATE TREASURER SHALL DEDUCT ONE MILLION DOLLARS FROM THE DEPARTMENT OF STATE CASH FUND AND TRANSFER SUCH SUM TO THE COLORADO ECONOMIC DEVELOPMENT FUND CREATED IN SECTION 24­46­105.".

Renumber succeeding section accordingly.

Amendment No. 4, by Senator Rizzuto

Amend printed bill, page 89, after line 18, insert the following:

"SECTION 121.  24­21­104 (3) (d), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

24­21­104.  Fees of secretary of state. (3) (d) (IV)  NOTWITHSTANDING ANY PROVISION OF PARAGRAPH (b) OF THIS SUBSECTION (3) TO THE CONTRARY, ON JULY 1, 1998, THE STATE TREASURER SHALL DEDUCT ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS FROM THE DEPARTMENT OF STATE CASH FUND AND TRANSFER SUCH SUM TO THE CHILDREN'S BASIC HEALTH PLAN TRUST FUND CREATED IN SECTION 26­19­105, C.R.S.

SECTION 122.  Appropriations in long bill to be adjusted. (1)  For the implementation of H.B. 97­1304, as amended by H.B. 98­1325, appropriations made in the annual general appropriation act to the department of health care policy and financing for the fiscal year beginning July 1, 1998, shall be adjusted as follows:

SB 98-194

(Cont.)

(a)  The appropriation to and the amount of federal funds anticipated to be received by the department of health care policy and financing, other medical services, for H.B. 97­1304 Children's Basic Health Plan, is increased by five million fifty­six thousand five hundred fourteen dollars ($5,056,514). Of said sum, one million seven hundred dollars ($1,700,000) shall be cash funds exempt from the children's basic health plan trust fund, created in section 26­19­105, Colorado Revised Statutes, and three million three hundred fifty­six thousand five hundred fourteen dollars ($3,356,514) shall be federal funds.".

Renumber succeeding section accordingly.

Amendment No. 5, by Senator Rizzuto

Amend printed bill, page 89, after line 18, insert the following:

"SECTION 121.  Appropriation.  In addition to any other appropriation, there is hereby appropriated from the department of state cash fund created in section 24­21­104 (3), Colorado Revised Statutes, to the department of state, for reimbursement of county clerk and recorders for 1997 election costs, for the fiscal year beginning July 1, 1997, the sum of six hundred thousand dollars ($600,000).".

Renumber succeeding section accordingly.

Page 1, line 101, strike "STATE." and substitute "STATE, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

Amendment No. 6, by Senator Rizzuto

Amend printed bill, page 89, after line 18, insert the following:

"SECTION 121.  24­21­104 (3) (d), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

24­21­104.  Fees of secretary of state. (3) (d) (IV)  NOTWITHSTANDING ANY PROVISION OF PARAGRAPH (b) OF THIS SUBSECTION (3) TO THE CONTRARY, ON JULY 1, 1998, THE STATE TREASURER SHALL DEDUCT ONE MILLION DOLLARS FROM THE DEPARTMENT OF STATE CASH FUND AND TRANSFER SUCH SUM TO THE STATE PUBLIC SCHOOL FUND CREATED IN SECTION 22­54­114, C.R.S.

SECTION 122.  Appropriation ­ adjustments in H.B. 98­1234. Appropriations made in H.B. 98­1234 to the department of education, public school finance, for total program are adjusted by reducing the general fund appropriation by one million dollars ($1,000,000) and increasing the appropriation from cash funds exempt by one million dollars ($1,000,000).".

Renumber succeeding section accordingly.

Page 1, line 101, strike "STATE." and substitute "STATE, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

Amendment No. 7, by Senator Rizzuto

Amend the Appropriations Committee amendment, as printed in the Senate Journal, April 20, page 886, line 66, strike "ENTITY;" and substitute "ENTITY, AN ENTERPRISE, OR AN AUTHORITY;".

Amendment No. 8, by Senator Bishop

Amend printed bill, page 8, after line 25, insert the following:

SB 98-194

(Cont.)

"(8) (a)  NOTWITHSTANDING THE TARGET RESERVE LIMITATION IMPOSED PURSUANT TO PARAGRAPH (c) OF SUBSECTION (3) OF THIS SECTION, FOR FISCAL YEARS BEGINNING ON OR AFTER JULY 1, 2002, THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY MAY GRANT A WAIVER OF THE TARGET RESERVE REQUIREMENT SPECIFIED IN SUBSECTION (3) OF THIS SECTION FOR AN ENTITY THAT DEMONSTRATES A SPECIFIC PURPOSE FOR WHICH THE ENTITY NEEDS TO MAINTAIN UNCOMMITTED RESERVES IN AN AMOUNT GREATER THAN THE TARGET RESERVE FOR A SPECIFIED, LIMITED PERIOD OF TIME. A SPECIFIC PURPOSE THAT MAY WARRANT A WAIVER PURSUANT TO THIS SUBSECTION (8) INCLUDES, BUT IS NOT LIMITED TO, PURCHASE OF A PARTICULAR ITEM OF EQUIPMENT OR OPERATION OF A SHORT­TERM PROGRAM. A WAIVER GRANTED PURSUANT TO THIS SUBSECTION (8) SHALL NOT EXCEED THREE YEARS AND SHALL BE SUBJECT TO ANNUAL RECONSIDERATION BY THE JOINT BUDGET COMMITTEE DURING THE BUDGET­SETTING PROCESS.

(b)  TO REQUEST A WAIVER PURSUANT TO THIS SUBSECTION (8), AN ENTITY, DURING THE ANNUAL BUDGET­SETTING PROCESS, SHALL PRESENT A PLAN TO THE JOINT BUDGET COMMITTEE THAT AT A MINIMUM SPECIFIES THE SPECIFIC PURPOSE FOR WHICH THE ENTITY NEEDS TO MAINTAIN A GREATER AMOUNT OF UNCOMMITTED RESERVES, THE GREATER AMOUNT OF UNCOMMITTED RESERVES REQUESTED, THE TIME PERIOD FOR THE WAIVER, AND THE PLAN FOR REDUCING ANY EXCESS UNCOMMITTED RESERVES THAT MAY REMAIN ON COMPLETION OF THE WAIVER PERIOD. THE JOINT BUDGET COMMITTEE, IN DETERMINING WHETHER TO GRANT A WAIVER PURSUANT TO THIS SUBSECTION (8), SHALL CONSIDER THE PURPOSE FOR WHICH THE ENTITY HAS REQUESTED THE WAIVER, THE REASONABLENESS OF THE TIME PERIOD FOR THE WAIVER, AND THE EFFECT THE WAIVER MAY HAVE ON THE STATE'S ABILITY TO COMPLY WITH THE LIMITATIONS ON STATE FISCAL YEAR SPENDING IMPOSED PURSUANT TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION.

(c) ANY WAIVER GRANTED PURSUANT TO THIS SUBSECTION (8) SHALL BE IDENTIFIED IN A FOOTNOTE TO THE ANNUAL GENERAL APPROPRIATIONS BILL. THE FOOTNOTE SHALL SPECIFY THE TIME PERIOD FOR THE WAIVER AND THE AMOUNT OF UNCOMMITTED RESERVES TO BE MAINTAINED BY THE ENTITY.".

Amendment No. 9, by Senator Rizzuto

Amend printed bill, page 5, line 9, after "FIVE­TENTHS", insert "PERCENT".

Amendment No. 10, by Senators Wattenberg, Lacy, and Ament

Amend the committee amendment, as printed in Senate Journal, April 20, page 888, line 51, strike "AND";

line 54, strike "C.R.S."." and substitute "C.R.S.;";

after line 54, insert the following:

"(k)  THE BRAND INSPECTION FUND CREATED IN SECTION 35­41­102, C.R.S.".".

Page 893 of the committee amendment, strike lines 31 through 44 and substitute the following:

"Page 56, strike lines 3 through 26.

Strike pages 57 and 58.

Page 59, strike lines 1 through 8.

Renumber succeeding sections accordingly.";

line 46 of the committee amendment, before "line 14,", insert "Page 59,".

Page 894 of the committee amendment, line 65, strike "92." and substitute "89.".

Amendment No. 11, by Senator Wells

Amend printed bill, page 89, after line 18, insert the following:

ASECTION 121. 24-90-105.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

SB 98-194

(Cont.)

24-90-105.5. Radio reading services. (5) THE GENERAL ASSEMBLY HEREBY RECOGNIZES THE IMPORTANCE OF PRIVATELY OPERATED READING SERVICES TO ENABLE THOSE PERSONS WHO CANNOT EFFECTIVELY READ NEWSPAPERS OR OTHER PRINTED DOCUMENTS TO GAIN ACCESS TO SUCH OTHERWISE INACCESSIBLE PRINT MATERIALS. THE STATE LIBRARIAN SHALL HAVE THE AUTHORITY TO ADMINISTER FUNDS IN THE READING SERVICES FOR THE BLIND CASH FUND, WHICH IS HEREBY CREATED, FOR THE SUPPORT OF SAID PRIVATELY OPERATED READING SERVICES. THE FUND SHALL CONSIST OF ANY PUBLIC OR PRIVATE MONEYS TRANSFERRED, APPROPRIATED, OR OTHERWISE CREDITED THERETO. ALL MONEYS CREDITED TO THE FUND AND ALL INTEREST EARNED ON THE INVESTMENT OF MONEYS IN THE FUND SHALL BE A PART OF THE FUND AND SHALL NOT BE TRANSFERRED OR CREDITED TO THE GENERAL FUND OR TO ANY OTHER FUND EXCEPT AS DIRECTED BY THE GENERAL ASSEMBLY ACTING BY BILL. THE GENERAL ASSEMBLY SHALL MAKE ANNUAL APPROPRIATIONS FROM THE READING SERVICES FOR THE BLIND CASH FUND TO THE STATE LIBRARIAN TO CARRY OUT THE PURPOSES OF THIS SUBSECTION (5).

SECTION 122. 40-17-104, Colorado Revised Statutes, is amended to read:

40­17­104. Colorado disabled telephone users fund ­ creation ­ purpose. (1) Except as otherwise authorized to be retained by section 40­17­103 (3) (e), all moneys collected by the local exchange companies in accordance with said section shall be transmitted to the state treasurer, who shall credit the same to the "Colorado disabled telephone users fund", which fund is hereby created and is referred to in this article as the "fund". On July 1, 1992, any moneys in the "Colorado Disabled Telephone Users Fund" created by section 40­17­103, as said section existed prior to July 1, 1992, shall be credited to the fund as created by this section. The general assembly shall make annual appropriations out of such fund for the administration of the fund. The moneys in such fund not used for administration of such fund are hereby continuously appropriated to the public utilities commission for the reimbursement of providers who render telecommunications services authorized by this article.

(2) NOTWITHSTANDING ANY PROVISION OF SUBSECTION (1) OF THIS SECTION TO THE CONTRARY, ON JULY 1, 1998, THE STATE TREASURER SHALL DEDUCT NINETY-THREE THOUSAND EIGHT HUNDRED DOLLARS FROM THE COLORADO DISABLED TELEPHONE USERS FUND AND TRANSFER SUCH SUM TO THE READING SERVICES FOR THE BLIND CASH FUND, CREATED IN SECTION 24-90-105.5 (5), C.R.S.

SECTION 123. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the reading services for the blind cash fund, created in section 24-90-105.5 (5), Colorado Revised Statutes, not otherwise appropriated, to the department of education, for the fiscal year beginning July 1, 1998, the sum of ninety-three thousand eight hundred dollars ($93,800), or so much thereof as may be necessary, for the implementation of section 121 of this act.".

Renumber succeeding section accordingly.

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

Senator Wells 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.

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

SB 98-194 by Sen. Rizzuto; Rep. Grampsas--State Cash Funds

Senator Wattenberg moved to amend the report of the Committee of the Whole to show that the Wattenberg amendment to SB 98-194 as amended, did pass.

The amendment was declared lost by the following roll call vote:


YES 14

NO 21

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
NE
Tanner
N

Ament
Y
Hernandez
Y
Pascoe
N
Tebedo
Y

Arnold
Y
Hopper
N
Perlmutter
N
Thiebaut
N

Bishop
YY
Johnson
N
Phillips
N
Wattenberg
Y

Blickensderfer
N
Lacy
Y
Powers
Y
Weddig
N

Chlouber
Y
Lamborn
N
Reeves
N
Wells
N

Coffman
N
Linkhart
N
Rizzuto
N
Wham
N

Congrove
Y
Martinez
N
Rupert
N
Mr. President
N

Dennis
Y
Matsunaka
N
Schroeder
Y

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Chlouber, 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:

SB 98-194 as amended; HB 98-1072 as amended, declared passed on Second Reading.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

__________________________

On motion of Senator Wells, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB 98-1272, 98-1287, 98-1307, 98-1364, 98-1324, 98-1398, 98-1160, 98-1408, 98-1409 were made Special Orders at 2:15 p.m.

__________________________

Committee The hour of 2:15 p.m. having arrived, Senator Chlouber moved that the Senate resolve

of the itself into Committee of the Whole for consideration of Special Orders and Senator

Whole Chlouber was called to the Chair to act as Chairman.

SPECIAL ORDERS--SECOND READING OF BILLS--2:15 P.M.

The Committee of the Whole having risen, the Chairman reported that the following bills, reading at length having been dispensed with by unanimous consent, had been considered and action taken thereon as follows:

HB 98-1272 by Rep. Kaufman; Senator Perlmutter--Domestic Violence

Amendment No. 1, by Senators Tebedo, Mutzebaugh and Lacy

Amend reengrossed bill, page 2, line 14, after "VIOLENCE." insert "ADDITIONALLY, NOTHING IN THIS SUBSECTION (1) SHALL BE CONSTRUED TO REQUIRE A PEACE OFFICER TO ARREST EITHER PARTY INVOLVED IN AN ALLEGED ACT OF DOMESTIC VIOLENCE WHEN A PEACE OFFICER DETERMINES THERE IS NO PROBABLE CAUSE TO BELIEVE THAT A CRIME OR OFFENSE OF DOMESTIC VIOLENCE HAS BEEN COMMITTED.".

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

HB 98-1287 by Rep. Tucker; Senator Wham--State Park Fees For The Disabled

Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment

(Printed in Senate Journal, February 27, page 372.)

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

HB 98-1307 by Rep. Keller; Senator Hopper--Adoption And Safe Families

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

(Printed in Senate Journal, April 23, page 934.)

Amendment No. 2, by Senator Linkhart

Amend reengrossed bill, page 16, line 15, strike "OF FELONY" and substitute "OF A FELONY IN THE FOLLOWING AREAS,".

As amended, laid over until the top of the General Orders calendar of Tuesday, April 28, retaining its place.

HB 98-1364 by Rep. Owen; Senator Blickensderfer--Funding Of Supreme Court Library

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 24, page 968.)

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

HB 98-1324 by Rep. Anderson; Senator Rizzuto--Solid Waste Management Program Improves

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, April 16, page 849.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 24, pages 968-969.)

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

HB 98-1398 by Rep. Tool; Sen. Schroeder--Reduce Deferred Prop Tax Interest Rate

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 24, page 969.)

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

HB 98-1160 by Rep. Adkins; Senator Wham--Substantive Changes To Criminal Laws

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 24, pages 554-558.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 24, pages 969-970.)

Amendment No. 3, by Senator Wells

Amend reengrossed bill, page 3, after line 1, insert the following:

"SECTION 1. 42­4­1710 (4), Colorado Revised Statutes, is amended to read:

42­4­1710. Failure to pay penalty for traffic infractions ­ procedures. (4) (a) If judgment is entered against a violator, the violator shall be assessed an appropriate penalty and surcharge thereon, a docket fee of sixteen dollars, and other applicable costs authorized by section 13­16­122 (1), C.R.S. If the violator had been cited by a penalty assessment notice, the penalty shall be assessed pursuant to section 42­4­1701 (4) (a). If a penalty assessment notice is prohibited by section 42­4­1701 (5) (c), the penalty shall be assessed pursuant to section 42­4­1701 (3) (a).

HB 98-1160

(Cont.)

(b) IN NO EVENT SHALL A BENCH WARRANT BE ISSUED FOR THE ARREST OF ANY PERSON WHO FAILS TO APPEAR FOR A HEARING PURSUANT TO SUBSECTION (2) OF THIS SECTION OR FOR A FINAL HEARING PURSUANT TO SUBSECTION (3) OF THIS SECTION. ENTRY OF JUDGMENT AND ASSESSMENT OF THE PENALTY AND SURCHARGE PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (4) SHALL CONSTITUTE THE SOLE PENALTY FOR FAILURE TO APPEAR FOR EITHER THE HEARING OR THE FINAL HEARING.".

Renumber succeeding sections accordingly.

As amended, laid over until the top of the General Orders calendar of Tuesday, April 28.

The following bills on the Special Orders calendar of Monday, April 27, were laid over until the top of the General Orders calendar of Tuesday, April 28:

HB 98-1408, 98-1409.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Chlouber, 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 98-1272 as amended, 98-1287 as amended, 98-1364 as amended, 98-1324 as amended, 98-1398 as amended, declared passed on Second Reading.

HB 98-1408, 98-1409, laid over until the top of the General Orders calendar of Tuesday, April 28, retaining their place.

HB 98-1307 as amended, 98-1160 as amended, laid over until the top of the General Orders calendar of Tuesday, April 28, retaining their place.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the General Orders calendar of Monday, April 27, was laid over to follow the General Orders calendar of Tuesday, April 28.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Monday, April 27, was laid over until Tuesday, April 28, retaining its place on the calendar.

______________________________

SIGNING OF BILLS

The President has signed: HJR98-1017 and 1023.

COMMITTEE OF REFERENCE REPORTS

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

riations referred favorably to the Committee of the Whole: HB 98-1191, 98-1387 and 98-1075

Approp- After consideration on the merits, the committee recommends that HB 98-1137 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend the Health, Environment, Welfare, and Institutions committee amendment, as printed Senate Journal, March 19, page 503, strike lines 14 through 22, and substitute the following:

""FEDERAL SOCIAL SECURITY ACT, SUBJECT TO THE FOLLOWING PROVISIONS:

(I)  IF THE FUNDS TRANSFERRED ARE USED FOR THE PROVISION OF CHILD WELFARE SERVICES AS DEFINED IN SECTION 26­5­101 (3), THE COUNTY MAY ONLY MAKE THE TRANSFER:

HB 98-1137

(Cont.)

(A)  AFTER THE COUNTY HAS MADE ALLOWABLE EXPENDITURES OF ALL FUNDS IN THE COUNTY'S CAPPED OR TARGETED ALLOCATION OR ALLOCATIONS FOR CHILD WELFARE SERVICES, OTHER THAN FOR CORE SERVICES AS DESCRIBED IN SECTION 26­5­101 (3) (f); AND

(B)  FOR THE PROVISION OF CHILD WELFARE SERVICES OTHER THAN OUT­OF­HOME PLACEMENT SERVICES AS DESCRIBED IN SECTION 26­5­101 (3) (I).

(II)  A COUNTY SHALL NOT BE REQUIRED TO APPROPRIATE FUNDS TO PROVIDE A COUNTY MATCH PURSUANT TO THE PROVISIONS OF SECTION 26­1­122 FOR ANY FUNDS TRANSFERRED PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (8).";

after line 24, insert the following:

"SECTION 2.  26­5­101 (1), Colorado Revised Statutes, is amended to read:

26­5­101.  Definitions. As used in this article, unless the context otherwise requires:

(1)  "Capped allocation" means a capped amount of funds distributed to counties or a group of counties for the purpose of providing ALL OR A PORTION OF THE child welfare services as defined in subsection (3) of this section.

SECTION 3.  26­5­104 (3) and (4), Colorado Revised Statutes, are amended to read:

26­5­104.  Funding of child welfare services. (3) Allocation formula. (a)  For state fiscal year 1997­98, the state department, after input from the child welfare allocations committee, shall develop formulas for capped and targeted allocations that take into account such factors as:

(I)  County spending on child welfare services in calendar year 1996;

(II)  The county's allocations and expenditures for child welfare services in state fiscal years 1995­96, 1994­95, and 1993­94 and a comparison of the spending in those prior years with the caseloads in the respective prior state fiscal years;

(III)  The county's current child welfare caseload; and

(IV)  Other factors determined by the state department and the child welfare allocations committee that directly affect the population of children in need of child welfare services in a county.

(b)  In the event that the state department and the child welfare allocations committee do not reach an agreement on the allocation formula on or before June 15, 1997, the state department and the committee shall submit alternatives to the joint budget committee of the general assembly from which such joint budget committee shall select an allocation formula before July 1, 1997.

(c)  The formulas developed by the state department, after input from the child welfare allocations committee, shall identify the portion of the amounts appropriated for child welfare services that shall be allocated to the counties for the provision of child welfare services.

(d)  A COUNTY'S ELECTION TO MAKE A TRANSFER OF FEDERAL FUNDS PURSUANT TO SECTION 26­2­714 (8) FOR THE PROVISION OF CHILD WELFARE SERVICES SHALL NOT BE THE BASIS OF AN ADJUSTMENT TO THE FORMULA FOR DEVELOPING SUCH COUNTY'S CAPPED OR TARGETED ALLOCATION UNDER THE PROVISIONS OF THIS ARTICLE 5.

(4)  Allocations. (a)  For state fiscal year 1997­98 and thereafter, all counties shall receive capped allocations for child welfare services. A COUNTY MAY RECEIVE ONE OR MORE CAPPED ALLOCATIONS FOR THE PROVISION OF CHILD WELFARE SERVICES. The counties may use capped allocation moneys for child welfare services without category restriction WITHIN A SPECIFIC CAPPED ALLOCATION if not prohibited by federal law.

HB 98-1137

(Cont.)

(b) (I)  The state department shall make capped allocations for counties serving at least eighty percent of the total child welfare services population.

(II)  For the balance of the state, the state department shall create one capped allocation OR A SERIES OF CAPPED ALLOCATIONS FOR THE PROVISION OF CHILD WELFARE SERVICES IN THE BALANCE OF THE STATE. The state department shall establish a targeted allocation for each county in such group of counties designated for the purpose of such capped allocation OR CAPPED ALLOCATIONS.

(c)  The state department, in consultation with the child welfare allocations committee, shall adopt rules for when a county may exceed its capped or targeted allocation OR ALLOCATIONS.

(d)  The state department may only seek additional funding from the general assembly in a supplemental appropriations bill based upon caseload growth or changes in federal law or federal funding.

(e)  A county's allocation OR ALLOCATIONS may be amended due to caseload growth or changes in federal law or federal funding.".

Renumber succeeding section accordingly.".

Approp- After consideration on the merits, the committee recommends that SB 98-198 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 7, after line 11, insert the following:

"SECTION 6. Appropriation and transfer of appropriation. (1) From the cash funds appropriation made in the annual general appropriation act for the fiscal year beginning July 1, 1998, to the department of local affairs, economic development, local affairs programs, waste tire fund, Colorado housing and finance authority recycling loans, for program costs, the sum of three hundred twenty-one thousand six hundred dollars ($321,600) is hereby transferred to the department of local affairs, economic development, local affairs programs, waste tire fund, waste tire removal grants, for implementation of this act. Such sum shall be from the waste tire recycling development cash fund.

(2) In addition to any other appropriation, there is hereby appropriated, to the department of higher education, Colorado advanced technology institute, for the fiscal year beginning July 1, 1998, the sum of one hundred seven thousand two hundred dollars ($107,200), or so much thereof as may be necessary, for the implementation of this act. Such sum shall be from cash funds exempt received from the department of local affairs out of the appropriation transferred for waste tire removal grants in subsection (1) of this section.".

Renumber succeeding section accordingly.

Page 1, line 104, strike "FUND AND", and substitute "FUND,";

line 106, strike "PROGRAM." and substitute "PROGRAM, AND MAKING AN APPROPRIATION.".

Approp- After consideration on the merits, the committee recommends that SCR 98-13 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 9, strike lines 17 through 26.

Page 10, strike lines 1 through 7.

Renumber succeeding section accordingly.

Page 10, line 8, strike "self­executing." and substitute "self­executing ­ appropriations.";

SCR 98-13

(Cont.)

line 15, after the period add "AFTER THE ADOPTION OF THE CONSTITUTIONAL PROVISIONS CREATING AND GOVERNING THE CITY AND COUNTY OF BROOMFIELD, THE GENERAL ASSEMBLY MAY APPROPRIATE FUNDS, IF NECESSARY, IN COOPERATION WITH THE CITY AND COUNTY OF BROOMFIELD TO IMPLEMENT THESE CONSTITUTIONAL PROVISIONS AT THE STATE LEVEL.".

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

riations postponed indefinitely: SB 98-197

MESSAGES FROM THE HOUSE

April 27, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1156, amended as printed in House Journal, April 24, pages 1497-1502 and amended on Third Reading as printed in House Journal April 27.

April 27, 1998

Mr. President:

The House has voted not to concur in the Senate amendments to HB98-1234 and requests that a conference committee be appointed. The Speaker has appointed Representatives Allen, chairman, Anderson, and S. Williams as House conferees on the First Conference Committee on HB98-1234. The bill is transmitted herewith.

April 27, 1998

Mr. President:

The House has adopted the First Report of the First Conference Committee on SB98-072, as printed in House Journal, April 24, pages 1511-1512, and has repassed the bill as so amended. The bill is returned herewith.

The House has adopted and transmits herewith HJR98-1033, as printed in House Journal, April 15, pages 1319-1320, and amended as printed in House Journal, April 27.

The House has adopted and transmits herewith HJR98-1042, as printed in House Journal, April 16, page 1361-1362, and amended as printed in House Journal, April 27.

The House has adopted and transmits herewith HJR98-1045, as printed in House Journal, April 16, pages 1367-1368, and amended as printed in House Journal, April 24, page 1493.

The House has adopted and transmits herewith HJR98-1036, as printed in House Journal, April 16, pages 1350-1351.

The House has adopted and transmits herewith HJR98-1038, as printed in House Journal, April 16, pages 1354-1356.

The House has adopted and transmits herewith HJR98-1041, as printed in House Journal, April 16, pages 1360-1361.

The House has voted not to concur in the Senate amendments to HB98-1171 and requests that a conference committee be appointed. The Speaker has appointed Representatives Arrington, chairman, Dean, and Miller as House conferees on the First Conference Committee on HB98-1171. The bill is transmitted herewith.

The House has voted not to concur in the Senate amendments to HB98-1379 and requests that a conference committee be appointed. The Speaker has appointed Representatives Anderson, chairman, McPherson, and Leyba as House conferees on the First Conference Committee on HB98-1379. The bill is transmitted herewith.

The House has voted to concur in the Senate amendments to HB98-1144, 1378, 1389, 1390, 1391, and 1396 and has repassed the bills as so amended.

The House has voted not to concur in Senate amendments and to adhere to its position on SB98-035. The bill is returned herewith.

MESSAGE FROM THE REVISOR

April 27, 1998

We herewith transmit:

without comment, as amended, HB98-1156.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 98­1188

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

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 HB 98­1188, concerning the "Fair Campaign Practices Act", 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, strike lines 3 through 21.

Renumber succeeding sections accordingly.

Page 3, strike lines 12 through 26 and substitute the following:

"(III)  A PAYMENT BY A LOBBYIST OR A PRINCIPAL OF A LOBBYIST TO A POLITICAL PARTY TO PARTICIPATE IN SUCH A FUND­RAISING EVENT SHALL BE ATTRIBUTED TO THE AGGREGATE CONTRIBUTIONS OF THE LOBBYIST OR PRINCIPAL OF A LOBBYIST TO THE POLITICAL PARTY FOR PURPOSES OF SUBSECTION (4) OF THIS SECTION AND SHALL BE REPORTED AS A CONTRIBUTION TO THE POLITICAL PARTY PURSUANT TO SECTION 1­45­108; EXCEPT THAT, IF THE LOBBYIST OR PRINCIPAL OF A LOBBYIST RECEIVES A MEAL IN RETURN FOR A PORTION OF THE PAYMENT, ONLY THE AMOUNT OF THE PAYMENT IN EXCESS OF THE VALUE OF THE MEAL SHALL BE CONSIDERED A CONTRIBUTION TO THE POLITICAL PARTY. THE POLITICAL PARTY SHALL DETERMINE THE VALUE OF THE MEAL RECEIVED FOR SUCH PAYMENT, WHICH SHALL APPROXIMATE THE ACTUAL VALUE OF THE MEAL.

(IV)  A GIFT OF A MEAL DESCRIBED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH (c) BY A LOBBYIST OR A PRINCIPAL OF A LOBBYIST TO AN INCUMBENT IN OR A CANDIDATE ELECTED TO ANY OFFICE DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (13) SHALL BE REPORTED AS FOLLOWS:

(A)  THE LOBBYIST SHALL REPORT THE VALUE OF THE MEAL IN THE LOBBYIST DISCLOSURE STATEMENT FILED PURSUANT TO SECTION 24­6­302, C.R.S.

(B)  THE INCUMBENT OR CANDIDATE SHALL REPORT THE VALUE OF THE MEAL IN THE PUBLIC OFFICIAL DISCLOSURE STATEMENT FILED PURSUANT TO SECTION 24­6­203, C.R.S.".

Page 4, strike lines 1 through 15.

Renumber succeeding sections accordingly.

Page 6, after line 16, insert the following:

HB 98-1188

(Cont.)

"SECTION 5.  24­6­203 (3), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

24­6­203.  Reporting by incumbents and elected candidates ­ gifts, honoraria, and other benefits ­ penalty. (3)  The report required by subsection (2) of this section shall include the following:

(g)  ANY GIFT OF A MEAL TO A FUND­RAISING EVENT OF A POLITICAL PARTY.

SECTION 6.  24­6­203 (4) (b), Colorado Revised Statutes, is amended to read:

24­6­203.  Reporting by incumbents and elected candidates ­ gifts, honoraria, and other benefits ­ penalty. (4)  The report required by subsection (2) of this section need not include the following:

(b)  Any item of perishable or nonpermanent value, including but not limited to meals, unless such item is required to be reported under paragraph (e) OR (g) of subsection (3) of this section;

SECTION 7.  24­6­301 (1.9) (a) (IV), Colorado Revised Statutes, is amended to read:

24­6­301.  Definitions.  As used in this part 3, unless the context otherwise requires:

(1.9) (a)  "Disclosure statement" means a written statement which contains:

(IV)  The name of any covered official to or for whom expenditures of fifty dollars or more have been made by or on behalf of the disclosing person for gift or entertainment purposes in connection with lobbying OR FOR WHOM AN EXPENDITURE WAS MADE BY OR ON BEHALF OF THE DISCLOSING PERSON FOR A GIFT OF A MEAL AT A FUND­RAISING EVENT OF A POLITICAL PARTY DESCRIBED IN SECTION 1­45­104 (13) (c) (IV), C.R.S., during either the first six months or the second six months of a calendar year and the amount, date, and principal purpose of the gift or entertainment, if the covered official or a member of his OR HER family actually received such gift or entertainment, but expenditures of one dollar or less shall be reported under subparagraph (V) of this paragraph (a). All amounts spent by a professional lobbyist on a covered official for which the lobbyist is reimbursed, or the source of which is a contribution, shall be deemed to be for gift or entertainment purposes.".

Renumber succeeding section accordingly.

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Jeanne Faatz, Chair Sen. Dottie Wham, Chair

Rep. William G. Kaufman Sen. Frank Weddig

Rep. Carol A. Snyder

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB 98-72

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

THIS REPORT AMENDS THE

REREVISED BILL

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

To the President of the Senate and the

Speaker of the House of Representatives:

SB 98-72

(Cont.)

Your first conference committee appointed on SB 98-72, concerning requirements relating to anatomical gifts under the "Uniform Anatomical Gift Act", has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 7, line 23, strike "ORGAN AND".

Page 8, line 3, strike "ORGANS/TISSUES" and substitute "TISSUES";

strike lines 4 and 5 and substitute the following:

"B.__THE FOLLOWING TISSUES:

__ SKIN

__ CORNEA

__ BONE, RELATED TISSUES, AND TENDONS".

Respectfully submitted,

Senate Committee: House Committee:

(Signed) (Signed)

Sen. Michael A. Coffman, Chair Rep. Ronny J. May, Chair

Sen. Patricia H. Pascoe Rep. Kay Alexander

Sen. Sally Hopper Rep. Moe Keller

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title:

HJR 98-1033 by Representatives Miller, Taylor, Entz, S. Johnson, Nichol, Reeser, Smith, T. Williams, Young, and Zimmerman; also Senator Wattenberg--Concerning the abandoned mine reclamation fund and state reclamation programs.

(Printed in House Journal, April 15, pages 1319-1320, and as amended as printed in House Journal, April 27.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Tuesday, April 28.

HJR 98-1036 by Representatives Reeser, Chavez, Dyer, Entz, Hagedorn, Mace, Romero, and Snyder; also Senators J. Johnson, Congrove, Feeley, Hernandez, Pascoe, Phillips, Tanner, Thiebaut, Wattenberg, Weddig, and Wells--Concerning the aircraft repair station safety act of 1997.

(Printed in House Journal, April 16, pages 1350-1351.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Tuesday, April 28.

HJR 98-1038 by Representative Smith; also Senator Bishop--Concerning an interim committee on commuter airlines.

(Printed in House Journal, April 16, pages 1354-1356.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Tuesday, April 28.

HJR 98-1041 by Representatives McPherson, Anderson, Adkins, Agler, Kaufman, Salaz, Tucker, and T. Williams; also Senator Chlouber--Concerning Colorado's self-audit law and the EPA.

(Printed in House Journal, April 16, pages 1360-1361.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Tuesday, April 28.

HJR 98-1042 by Representatives Anderson, Dean, Allen, C. Berry, Grampsas, June, and Reeser; also Senator Wells--Concerning opposition to the legalization of marijuana for medicinal purposes.

(Printed in House Journal, April 16, pages 1361-1362, and as amended as printed in House Journal, April 27.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Tuesday, April 28.

HJR 98-1045 by Representatives Pankey and Mace; also Senator Blickensderfer--Concerning the appointment of a committee to determine the feasibility of constructing a nondenominational chapel in the state capitol.

(Printed in House Journal, April 16, pages 1367-1368, and as amended as printed in House Journal, April 24, page 1493.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Tuesday, April 28.

INTRODUCTION OF CONCURRENT RESOLUTIONS--FIRST READING

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

HCR 98-1008 by Representatives Kaufman, Dyer, Entz, George, Morrison, Owen, Reeser, and Taylor; also Senators Wattenberg, B. Alexander, Ament, Bishop, Dennis, and Rizzuto--Submitting to the registered electors of the state of Colorado an amendment to article XI of the constitution of the state of Colorado, authorizing a county, city, town, township, or special district to provide any lawfully authorized health care function, service, or facility in joint ownership or other arrangement with any person or company, public or private, without incurring debt and without pledging its credit or faith; requiring any county, city, town, township, or special district entering into such joint ownership or other arrangement to own its just proportion; and providing that any such entity or relationship established for such purpose shall not be deemed a political subdivision, local government, or local public body for any purpose.

Health, Environment, Welfare and Institutions

HCR 98-1009 by Representatives Dyer and Taylor; also Senator B. Alexander--Submitting to the registered electors of the state of Colorado an amendment to section 3 of article XXVII of the constitution of the state of Colorado, concerning the use of a specified amount of net lottery proceeds currently allocated to the state general fund for Colorado tourism planning, promotion, and development.

Business Affairs and Labor

INTRODUCTION OF BILL--FIRST READING

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

HB 98-1156 by Representatives Anderson, C. Berry, and Owen; also Senators Wells and Hopper--Concerning supervision of sex offenders, and making an appropriation therefor.

Judiciary

Appropriations

TRIBUTES--A POINT OF INTEREST

Honoring Front Range Community College by Senator Arnold

Honoring Sarah Louise Gregory by Senators Hernandez, Linkhart, Pascoe, Tanner and Arnold

Memorializing Jack Durham by Senator Chlouber

Honoring Pat Smart by Senator Phillips

Honoring Lindsey Brooks by Senator Bishop

Honoring Ryder Lee Baker by Senator Norton

Honoring Theodore Swanson by Senator Bishop

Honoring Paul Wells by Senator Bishop

Honoring Hazel MacKendrick by Senator Bishop and Representatives Smith and G. Berry

Honoring Daniel MacKendrick by Senator Bishop and Representatives Smith and G. Berry

Honoring Kay Alexander by Senator Bishop

Honoring Erie High School Football Team by Senator Phillips

Honoring Erie High School Boys' Basketball Team by Senator Phillips

Honoring Longmont Chapter of American Association of University Women by Senator Phillips

Honoring Anne Landman by Senator Rupert

Honoring Brett Wallace by Senator Rupert

Honoring Gerald "Jerry" Weaver by Senator Bishop

Honoring Velda Bailey by Senator Bishop

Honoring the Southeastern Water Conservation District by Senator Dennis, Thiebaut and Rizzuto and Representatives Lawrence, Salaz, Spradley and Young

Honoring Lao-Hmong and Laotian Communities by Senator Alexander and Representative Dyer

Honoring Michael D. Widler by Senator Bishop and Representatives Smith and G. Berry

Honoring Members and Organizers of the Hillside Multicultural Dance Group

Honoring Loretta Hagerman by Senator Bishop

Honoring Tony Redding by Senator Bishop

Honoring Mary Placencia by Senator Bishop

Honoring Robert Vigil by Senator Dennis

Honoring Jeff Gonzales by Senator Dennis

Honoring Brian Carlucci by Senator Dennis

Honoring Monte Vista Wrestling Team by Senator Dennis

Honoring Lt. Karl Swensen by Senator Reeves

Honoring Joel Jones by Senator Alexander and Representative Dyer

Honoring Tom, Sam and Dick Hewsen by Senator Alexander and Representative Kaufman

Honoring Joe Fentana by Senator Matsunaka

Honoring R.A. Woodcocks by Senator Rupert

Honoring Dora Duncan by Senator Bishop

Honoring Myron "Mike" Brown by Senator Bishop

Honoring George Ansell by Senators Alexander, Arnold, Chlouber, Lamborn, Matsunaka, Pascoe and Thiebaut and Representatives Allen, Dean, Arrington, Bacon, Gotlieb, Keller, Schauer, Sinclair, Sullivant, Tupa and S. Williams.

Honoring George Ansell by Senator Bishop

Memorializing Roland Rautenstraus by Senator Rupert

Memorializing Gil Horn by Senators Rupert and Pascoe

Memorializing George Williams by Senator Rupert

Memorializing Robert William Wiseman, Sr. by Senator Thiebaut

Memorializing John "Jack" Armstrong by Senator Thiebaut

Memorializing Eleanor Percival by Senator Thiebaut

Memorializing Mary Rose Bodovinac by Senator Thiebaut

Memorializing John Zupan by Senator Thiebaut

Memorializing Dolly M. Theis by Senator Thiebaut




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

April 28, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate