Call to By the President pro tem at 9:00 a.m.

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn.

Roll Call Present--Total, 32.

Absent/Excused--Lamborn, Norton--Total, 2.

Absent--Wattenberg--Total, 1.

Present later--Norton, Wattenberg.

Quorum The President pro tem announced a quorum present.

Reading of On motion of Senator Chlouber, reading of the Journal of March 26th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 98-189.

Services

Correctly revised: HB 98-1154, 1311, 1335.

Correctly enrolled: SB 98-49, 63.

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 98-1311 by Rep. Udall; Senator Mutzebaugh--Business Officers Court Representation

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

YES 33		NO 0		EXCUSED 1		ABSENT 1
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	A
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	E	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 98-1154 by Rep. T. Williams; Senator Schroeder--Unemployment Benefit Requirements

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

YES 30		NO 3		EXCUSED 1		ABSENT 1
Alexander	Y	Feeley	N	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	N
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	A
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	E	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.

HB 98-1335 by Rep. Grampsas; Sen. Hopper--Fixed Guideway Authority

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

YES 28		NO 5		EXCUSED 1		ABSENT 1
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	N
Arnold	N	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	A
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	E	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	N

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

Co-sponsors added: Ament, Bishop, Dennis, Feeley, Hernandez, Linkhart, Martinez, Matsunaka, Mutzebaugh, Norton, Pascoe, Perlmutter, Phillips, Reeves, Rizzuto, Rupert, Thiebaut.

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

of the for consideration of General Orders and Senator Bishop 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 98-1128 by Rep. May; Senator Ament--Motor Vehicle Sales Transactions

(Amended in General Orders as printed in Senate Journal, March 25, page 568.)

Amendment No. 1, by Senator Linkhart

Amend the Ament amendment, as printed in Senate Journal, March 25, page 568, after line 28, insert the following:

""Page 15 of the reengrossed bill, strike lines 5 through 7, and substitute the following:

"practice fraud, make any fraudulent representation, or violate any of the provisions of this part 1 THAT ARE DESIGNATED BY THE BOARD BY RULE in the conduct of the business for which such applicant is licensed.";

strike lines 19 and 20 of the reengrossed bill, and substitute the following:

"vehicle salesperson without fraud or fraudulent representation and without the violation of any of the provisions of this part 1 THAT ARE DESIGNATED BY THE BOARD BY RULE.".

Page 16 of the reengrossed bill, strike line 12, and substitute the following:

"representation and without violating ANY OF THE PROVISIONS OF this part 1 THAT ARE DESIGNATED BY THE EXECUTIVE DIRECTOR BY RULE.";";

line 30 of the Ament amendment, strike ""Page 16 of the reengrossed bill, line 16," and substitute "line 16 of the reengrossed bill,";

after line 31 of the Ament amendment, insert the following:

"Page 528 of the committee amendment, after line 9, insert the following:

"Page 19 of the reengrossed bill, strike lines 4 through 7, and substitute the following:

HB 98-1128

(Cont.)

"within the scope of the employment of the salesperson or suffers any loss or damage by reason of the violation by such dealer or salesperson of any of the provisions of this part 1 THAT ARE DESIGNATED BY THE BOARD BY RULE, whether or not such violation is the basis for denial, suspension, or revocation of a license, such person shall have".".".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see page 620, where the Wells amendment to the Report of the Committee of the Whole was adopted.)

HB 98-1158 by Rep. Musgrave; Sen. Arnold--Parental Consent To Use Of Student Data

(Amended in General Orders as printed in Senate Journal, March 24, page 547.)

Re-referred to Committee on Education.

HB 98-1093 by Rep. Veiga; Sen. Mutzebaugh--Partisan Elections For RTD Board Members

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 9, page 429.)

As amended, declared LOST on Second Reading.

HB 98-1264 by Rep. Adkins; Sen. Wells--Discovery Procedures In Class 1 Felonies

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

HB 98-1141 by Rep. Allen; Sen. Lacy--Terminating Tenancy As Public Nuisance

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 18, page 492.)

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

SB 98-166 by Sen. Mutzebaugh--Transportation Planning, retaining its place on the calendar.

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

HB 98-1300 by Rep. Adkins; Sen. Wham--Oversight Of Public Defenders Office

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 20, pages 508-509.)

Amendment No. 2, by Senator Wham

Amend reengrossed bill, page 6, line 5, strike "APPROVED" and substitute "REVIEWED";

strike lines 7 through 14 and substitute the following:

"(b)  THE COMMISSION AND THE STATE PUBLIC DEFENDER SHALL ANNUALLY MEET WITH THE JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE. THE MEETING SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, DISCUSSION OF THE STATE PUBLIC DEFENDER'S PERFORMANCE REVIEW DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (2).";

line 20, strike "COMMISSION" and substitute "STATE PUBLIC DEFENDER";

line 23, strike "A REPORT SPECIFYING:" and substitute "AN ANNUAL REPORT INCLUDING:";

line 25, strike "CALENDAR" and substitute "FISCAL";

strike line 26 and substitute the following:

HB 98-1300

(Cont.)

"CATEGORIZED BY THE LEVEL OF OFFENSES CHARGED;".

Page 7, strike lines 1 and 2;

line 3, after "HANDLED", insert "DURING THE PRECEDING FISCAL YEAR";

line 7, after "MADE", insert "DURING THE PRECEDING FISCAL YEAR".

Page 12, line 20, strike "APPROVED" and substitute "REVIEWED";

strike lines 22 through 26 and substitute the following:

"(b)  THE COMMISSION AND THE ALTERNATE DEFENSE COUNSEL SHALL ANNUALLY MEET WITH THE JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE. THE MEETING SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, DISCUSSION OF THE ALTERNATE DEFENSE COUNSEL'S PERFORMANCE REVIEW DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (2).".

Page 13, strike lines 1 through 3;

line 10, strike "COMMISSION" and substitute "ALTERNATE DEFENSE COUNSEL";

line 13, strike "A REPORT SPECIFYING:" and substitute "AN ANNUAL REPORT INCLUDING:";

line 15, strike "CALENDAR" and substitute "FISCAL";

strike lines 16 through 18 and substitute the following:

"CATEGORIZED BY THE LEVEL OF OFFENSES CHARGED;";

line 19, after "HANDLED", insert "DURING THE PRECEDING FISCAL YEAR";

line 23, after "MADE", insert "DURING THE PRECEDING FISCAL YEAR".

As amended, declared LOST on Second Reading. (For further action, see page 619, where the Wham amendment to the Report of the Committee of the Whole was adopted and HB 98-1300 as amended, was ordered revised and placed on the calendar for Third Reading and Final Passage.)

HB 98-1053 by Rep. Kreutz; Senator Wattenberg--Short­Term Health Insurance

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

(Printed in Senate Journal, March 20, pages 509-510.)

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

HB 98-1261 by Rep. Tool; Senator Mutzebaugh--School District Reorganization

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

HB 98-1016 by Rep. T. Williams; Senator Schroeder--Regulation Of Architects

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 18, pages 266-267.)

Amendment No. 2, by Senator Schroeder

Amend the committee amendment, as printed in Senate Journal, February 18, page 266, strike lines 18 through 27 and substitute the following:

"Amend reengrossed bill, page 1, line 2, strike "(5), Colorado Revised Statutes, is" and substitute "(5) and (6), Colorado Revised Statutes, are".

Page 2 of the reengrossed bill, strike lines 6 through 17 and substitute the following:

"BY COMPUTER ASSISTED DESIGN AND DRAFTING SOFTWARE, COMMONLY KNOWN AS "CADD", OR OTHER MEANS.

HB 98-1016

(Cont.)

(5) (a)  The "practice of architecture" means the performance of the professional services of planning and design of buildings, preparation of construction contract documents including working drawings and specifications for the construction of buildings, AND THE observation of construction pursuant to an agreement between an architect and any other person, and administration of construction contracts for the construction of buildings, but DOES not INCLUDE the performance of the construction of buildings.

(b)  AN ARCHITECT'S PROFESSIONAL SERVICES MAY INCLUDE ANY OR ALL OF THE FOLLOWING:

(I)  INVESTIGATIONS, EVALUATIONS, SCHEMATIC AND PRELIMINARY STUDIES, DESIGNS, WORKING DRAWINGS, AND SPECIFICATIONS FOR CONSTRUCTION, OR FOR ONE OR MORE BUILDINGS, AND FOR THE SPACE WITHIN AND SURROUNDING THE BUILDINGS OR STRUCTURES;

(II)  COORDINATION OF THE WORK OF TECHNICAL AND SPECIAL CONSULTANTS;

(III)  COMPLIANCE WITH GENERALLY APPLICABLE CODES AND REGULATIONS, AND ASSISTANCE IN THE GOVERNMENTAL REVIEW PROCESS;

(IV)  TECHNICAL ASSISTANCE IN THE PREPARATION OF BID DOCUMENTS AND AGREEMENTS BETWEEN CLIENTS AND CONTRACTORS;

(V)  CONTRACT ADMINISTRATION; AND

(VI)  CONSTRUCTION OBSERVATION.

(c)  NOTHING IN THIS SUBSECTION (5) SHALL PRECLUDE ANY OTHER PERSON OR ENTITY FROM PROVIDING ANY SERVICE ALLOWED BY SECTION 12­4­112.

(6)  "Responsible charge CONTROL" means THAT AMOUNT OF".".

Page 267 of the committee amendment, strike lines 16 through 19 and substitute the following:

"Page 5 of the reengrossed bill, strike lines 3 through 5 and substitute the following:

"licensee, for transactions occurring after a final agency action determining that a violation of this article has occurred, THE BOARD MAY IMPOSE a fine of not less than one thousand dollars nor more than two NOT MORE THAN FIVE".".

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

HB 98-1209 by Rep. Young; Senator Rizzuto--Education Reform

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

HB 98-1252 by Rep. Dyer; Sen. Alexander--Mission Of Fort Lewis College

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

HB 98-1368 by Rep. Adkins; Sen. Mutzebaugh--Scientific & Cultural Facilities Dists

(Local Government Committee Amendment as printed in Senate Journal, March 20, pages 513-514, declared LOST on Second Reading.)

Amendment No. 1, by Senator Mutzebaugh

Amend reengrossed bill, page 4, line 10, strike "OTHER THAN THE DISTRICT CREATED IN SECTION 32-13-104,".

HB 98-1368 As amended, ordered revised and placed on the calendar for Third Reading and Final

(Cont.) Passage.

HB 98-1305 by Rep. Grossman; Senator Wham--County Boundary Adjustments

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, March 23, pages 524-525.)

Amendment No. 2, by Senator Wham

Amend the Local Government Committee amendment, as printed in Senate Journal, March 23, page 525, line 3, strike "WHERE" and substitute "AND";

line 4, strike "TITLE 32" and substitute "TITLE 32, C.R.S., THAT".

Amendment No. 3, by Senator Wham

Amend the Local Government Committee amendment, as printed in Senate Journal, March 23, page 525, line 39, strike "FAMILIES.".", and substitute "FAMILIES.

(8)  NOTHING IN THIS SECTION SHALL SUPERSEDE OR CONFLICT WITH THE REQUIREMENTS OF SECTION 1 OF ARTICLE XX OF THE COLORADO CONSTITUTION AND SECTION 30­6­113 REGARDING APPROVAL BY THE BOUNDARY CONTROL COMMISSION IF A MINOR BOUNDARY ADJUSTMENT PURSUANT TO THIS SECTION ADDS TERRITORY TO THE CITY AND COUNTY OF DENVER.".".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see page 620, Roll Call Vote.)

HB 98-1028 by Rep. Young; Senator Bishop--Continue Bingo & Raffle Regulation

HB 98-1028 was laid on the table.

HB 98-1177 by Rep. Agler; Sen. Hopper--Sex Offenders

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 13, pages 464-465.)

Amendment No. 2, by Senators Congrove and Hopper

Amend reengrossed bill, page 15, line 13, strike "SUBPARAGRAPH (IV)" and substitute "SUBPARAGRAPHS (IV) AND (V)";

line 20, strike "SUBPARAGRAPH (IV)" and substitute "SUBPARAGRAPHS (IV) AND (V)".

Page 16, line 1, strike "SUBPARAGRAPH (IV)" and substitute "SUBPARAGRAPHS (IV) AND (V)";

line 15, strike "BEHAVIOR." and substitute "BEHAVIOR;";

after line 15, insert the following:

HB 98-1177

(Cont.)

"(V) IF THE PERSON WAS LESS THAN SIXTEEN YEARS OF AGE AT THE TIME OF ADJUDICATION, AFTER THE SUCCESSFUL COMPLETION OF AND DISCHARGE FROM THE SENTENCE, IF THE PERSON PRIOR TO SUCH TIME HAS NOT BEEN SUBSEQUENTLY CONVICTED OF ANY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR. ANY PERSON PETITIONING PURSUANT TO THIS SUBPARAGRAPH (V) MAY ALSO PETITION FOR AN ORDER REMOVING HIS OR HER NAME FROM THE REGISTRY MAINTAINED PURSUANT TO SUBSECTION (6) OF THIS SECTION. IN DETERMINING WHETHER TO GRANT THE ORDER, THE COURT SHALL CONSIDER WHETHER THE PERSON IS LIKELY TO COMMIT A SUBSEQUENT SEXUAL OFFENSE. THE COURT SHALL BASE ITS DETERMINATION ON RECOMMENDATIONS FROM THE PERSON'S PROBATION OR PAROLE OFFICER, THE PERSON'S TREATMENT PROVIDER, AND THE PROSECUTING ATTORNEY FOR THE JURISDICTION IN WHICH THE PERSON WAS ADJUDICATED AND ON THE RECOMMENDATIONS INCLUDED IN THE PERSON'S PRESENTENCE INVESTIGATION.".

Amendment No. 3, by Senator Hopper

Amend the Judiciary Committee Amendment, as printed in Senate Journal, March 13, page 465, strike lines 12 through 14 and substitute the following:

"section 16­11­204.3, C.R.S. and general fund appropriations. THE FUND SHALL ALSO INCLUDE ANY ADDITIONAL MONEYS THAT MAY BE APPROPRIATED THERETO BY THE GENERAL ASSEMBLY TO FUND THE COSTS INCURRED IN GENETIC TESTING OF SEX OFFENDERS.";

line 15, strike "general fund appropriations.".

As amended, ordered revised 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.

AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 98-1300 by Rep. Adkins; Sen. Wham--Oversight Of Public Defenders Office

Senator Wham moved to amend the Report of the Committee of the Whole to show that HB 98-1300 as amended, passed on Second Reading.

Call of Call of Senate.

Senate

Call Raised.

The motion was adopted by the following roll call vote:

YES 20		NO 14		EXCUSED 1		ABSENT 0
Alexander	Y	Feeley	N	Mutzebaugh	YE	Tanner	N
Ament	Y	Hernandez	N	Pascoe	N	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	N	Thiebaut	N
Bishop	YY	Johnson	N	Phillips	N	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	E	Reeves	N	Wells	Y
Coffman	Y	Linkhart	N	Rizzuto	N	Wham	Y
Congrove	Y	Martinez	N	Rupert	N	Mr. President	Y
Dennis	Y	Matsunaka	N	Schroeder	Y

HB 98-1300 as amended, declared passed on Second Reading.

HB 98-1128 by Rep. May; Senator Ament--Motor Vehicle Sales Transactions

Senator Martinez moved to amend the Report of the Committee of the Whole to show that the following amendment to HB 98-1128 as amended, did pass:

Amend reengrossed bill, page 5, line 19 strike "nine" and substitute "nine ELEVEN";

line 22, strike "three" and substitute "three FIVE".

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

YES 14		NO 20		EXCUSED 1		ABSENT 0
Alexander	N	Feeley	Y	Mutzebaugh	NE	Tanner	Y
Ament	N	Hernandez	Y	Pascoe	Y	Tebedo	N
Arnold	N	Hopper	N	Perlmutter	Y	Thiebaut	Y
Bishop	NY	Johnson	Y	Phillips	Y	Wattenberg	N
Blickensderfer	N	Lacy	N	Powers	N	Weddig	Y
Chlouber	N	Lamborn	E	Reeves	N	Wells	N
Coffman	N	Linkhart	Y	Rizzuto	Y	Wham	N
Congrove	N	Martinez	Y	Rupert	Y	Mr. President	N
Dennis	N	Matsunaka	Y	Schroeder	N

HB 98-1128 by Rep. May; Senator Ament--Motor Vehicle Sales Transactions

Senator Wells moved to amend the Report of the Committee of the Whole to show that HB 98-1128 as amended, was amended as follows:

Amend reengrossed bill, page 13, after line 17, insert the following:

"SECTION 7. 12-6-108(1)(b), Colorado Revised Statutes, is amended to read:

12­6­108. Classes of licenses. (1) Licenses issued under the provisions of this part 1 shall be of the following classes:

(b) Used motor vehicle dealer's license shall permit the licensee to engage in the business of selling, exchanging, leasing, or offering used motor vehicles only. Such license shall also permit a licensee to negotiate for a consumer the sale, exchange, or lease of used and new motor vehicles not owned by the licensee, except those vehicles defined in section 42­1­102 (55), C.R.S., as motorcycles and section 33­14.5­101 (3), C.R.S., as off­highway vehicles; however, the licensee shall disclose IN WRITING to all parties prior to any such negotiation for the sale, exchange, or lease of a motor vehicle not owned by the licensee, the amount of any compensation to be received by the licensee from the consumer and the owner of the motor vehicle as a result of such transaction. This form of license shall permit not more than two persons named therein who shall be owners or part owners of the business of the licensee to act as motor vehicle salespersons.".

Renumber succeeding sections accordingly.".

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

ROLL CALL VOTE ON HB 98-1305

HB 98-1305 by Rep. Grossman; Senator Wham--County Boundary Adjustments

On the request of Senator Tebedo, the President ordered a roll call vote on HB 98-1305.

YES 21		NO 13		EXCUSED 1		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	NE	Tanner	Y
Ament	N	Hernandez	Y	Pascoe	Y	Tebedo	N
Arnold	N	Hopper	Y	Perlmutter	N	Thiebaut	Y
Bishop	YY	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	N	Lacy	Y	Powers	N	Weddig	Y
Chlouber	N	Lamborn	E	Reeves	Y	Wells	N
Coffman	N	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	N	Martinez	Y	Rupert	Y	Mr. President	N
Dennis	Y	Matsunaka	Y	Schroeder	N

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Bishop, the Report of the Committee of the Whole, as amended, was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:

HB 98-1264, 98-1261, 98-1209, 98-1252, declared passed on Second Reading.

HB 98-1128 as amended, 98-1141 as amended, 98-1053 as amended, 98-1016 as amended, 98-1368 as amended, 98-1305 as amended, 98-1177 as amended, 98-1300 as amended, declared passed on Second Reading.

HB 98-1093 as amended, declared lost on Second Reading.

HB 98-1028, laid on the table.

HB 98-1158, re-referred to Committee on Education.

SB 98-166, laid over until Monday, March 30, retaining its place on the calendar.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

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

of the for consideration of General Orders and Senator Bishop 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 98-1249 by Rep. Dean; Senator B. Alexander--Charter School Funding

(Amended as printed in Senate Journal, March 25, page 567.)

HB 98-1249 was laid on the table.

HB 98-1045 by Rep. Sinclair; Sen. Tebedo--Attempted Killing In Dom Rel Cases

(Amended in General Orders as printed in Senate Journal, March 25, page 565.)

Amendment No. 1, by Senator Tebedo

Amend reengrossed bill, page 2, line 19, strike "AGAINST SUCH";

strike lines 20 and 21 and substitute the following:

"AS SAID CRIMES ARE DEFINED IN SECTIONS 18­3­102 AND 18­3­103, C.R.S.".

Page 3, line 25, strike "AGAINST SUCH PARTY'S";

line 26, strike "SPOUSE OR FORMER SPOUSE SEEKING MAINTENANCE".

Page 4, line 1, strike "TO 18­3­104, C.R.S." and substitute "AND 18­3­103, C.R.S.".

As amended, declared LOST on Second Reading.

HB 98-1375 by Rep. Anderson; Sen. Bishop--Transportation Planning Regions

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

HB 98-1312 by Rep. Pfiffner; Senator Blickensderfer--State Employee Compensation Law

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

(Printed in Senate Journal, March 24, pages 559-560.)

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

HB 98-1041 by Rep. Dean; Senator Schroeder--Theft Of Cable Services

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 23, pages 535-539.)

Amendment No. 2, by Senator Schroeder

Amend the committee amendment, as printed in Senate Journal, dated March 23, page 537, strike line 42 and substitute the following:

"MAINTAINING SUCH AN ACTION.".

Amendment No. 3, by Senator Wells

Amend the Judiciary committee amendment as printed in the Senate Journal, March 23, 1998, page 538, line 53, strike "ADVANTAGE OR" and substitute "ADVANTAGE.";

strike line 54.

Amendment No. 4, by Senator Congrove

Amend the Judiciary Committee amendment, as printed in the Senate Journal , March 23, 1998, page 538, line 41, strike "FIVE THOUSAND" and substitute "FOUR THOUSAND".

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

HB 98-1140 by Rep. C. Berry; Senator Norton--Workers' Comp PPD Schedule

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

(Printed in Senate Journal, March 23, page 526.)

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

HB 98-1372 by Rep. Swenson; Senator Norton--Certificate Of Review To Cover Employer

Amendment No. 1, by Senator Norton

Amend reengrossed bill, strike everything below the enacting clause, and substitute the following:

"SECTION 1.  13­20­602 (1), Colorado Revised Statutes, is amended to read:

13­20­602.  Actions against licensed professionals and acupuncturists ­ certificate of review required. (1) (a)  In every action for damages or indemnity based upon the alleged professional negligence of an acupuncturist regulated pursuant to article 29.5 of title 12, C.R.S., or a licensed professional, the plaintiff's or complainant's attorney shall file with the court a certificate of review for each acupuncturist or licensed professional named as a party, as specified in subsection (3) of this section, within sixty days after the service of the complaint, counterclaim, or cross claim against such person unless the court determines that a longer period is necessary for good cause shown.

(b)  A CERTIFICATE OF REVIEW SHALL BE FILED WITH RESPECT TO EVERY ACTION DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (1) AGAINST A COMPANY OR FIRM THAT EMPLOYED A PERSON SPECIFIED IN SUCH PARAGRAPH (a) AT THE TIME OF THE ALLEGED NEGLIGENCE, EVEN IF SUCH PERSON IS NOT NAMED AS A PARTY IN SUCH ACTION.

HB 98-1372

(Cont.)

SECTION 20  Effective date ­ applicability. (1)  This act shall take effect February 1, 1999, unless a referendum petition is filed during the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, shall take effect on the specified date only if approved by the people.

(2)  The provisions of this act shall apply to actions filed on or after the applicable effective date of this act.".

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

HB 98-1005 by Rep. Spradley; Sen. Blickensderfer--Reduction Of Property Taxes

Amendment No. 1, Finance Committee Amendment

(Printed in Senate Journal, March 6, page 416.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, March 25, page 563.)

Amendment No. 3, by Senator Blickensderfer

Amend reengrossed bill, page 4, after line 17, insert the following:

"SECTION 6.  39­3­119.5, Colorado Revised Statutes, is amended to read:

39­3­119.5.  Personal property ­ exemption. (1)  For property tax years commencing on and after January 1, 1997, personal property not otherwise exempt from property tax shall be exempt from the levy and collection of property tax if the personal property would otherwise be listed on a single personal property schedule and the actual value of such personal property is two thousand five hundred dollars or less.

(2)  FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1997, THE EXEMPTION CREATED IN SUBSECTION (1) OF THIS SECTION SHALL APPLY ONLY IF THE ACTUAL VALUE OF THE PERSONAL PROPERTY OWNED BY THE TAXPAYER IN EACH COUNTY IS TWO THOUSAND FIVE HUNDRED DOLLARS OR LESS; EXCEPT THAT A PUBLIC UTILITY VALUED UNDER ARTICLE 4 OF THIS TITLE SHALL QUALIFY FOR THE EXEMPTION CREATED IN SUBSECTION (1) OF THIS SECTION ONLY IF THE TOTAL ACTUAL VALUE OF THE PUBLIC UTILITY'S PERSONAL PROPERTY IN THE STATE IS TWO THOUSAND FIVE HUNDRED DOLLARS OR LESS.".

Renumber succeeding section accordingly.

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

HB 98-1306 by Rep. McElhany; Sen. Blickensderfer--Work Comp Criteria To End TTD

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Bishop, 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 98-1375, declared passed on Second Reading.

HB 98-1312 as amended, 98-1041 as amended, 98-1140 as amended, 98-1372 as amended, 98-1005 as amended, declared passed on Second Reading.

HB 98-1045 as amended, declared lost on Second Reading.

HB 98-1249, laid on the table.

HB 98-1306, laid over until Monday, March 30, retaining its place on the calendar.

APPOINTMENT TO CONFERENCE COMMITTEE

SB 98-36 by Sen. Wham; Rep. Epps--Telemedicine Require Colo License

The President appointed Senator Matsunaka to replace Senator Perlmutter as a Senate Conferee on the First Conference Committee on SB 98-36.

COMMITTEE OF REFERENCE REPORTS

Approp- After consideration on the merits, the committee recommends that SB 98-26 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 3, insert the following:

"SECTION 3. 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 sections.

Approp- After consideration on the merits, the committee recommends that SB 98-120 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, February 9, page 191, line 7, strike "majority."." and substitute "majority.";

after line 7, insert the following:

"SECTION 3. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of cash funds to be received from the regional transportation district, to the department of revenue, for the fiscal year beginning July 1, 1998, the sum of eighty-eight thousand dollars ($88,000), or so much thereof as may be necessary, for the implementation of this act.".".

Page 191 of the committee amendment, after line 9, insert the following:

"Page 1 of the printed bill, line 102, strike "DISTRICT.", and substitute "DISTRICT, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".".

Approp- After consideration on the merits, the committee recommends that SB 98-180 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, line 5, strike "__ dollars ($ )" and substitute "two hundred forty-five thousand two hundred eighty-one ($245,281)".

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

riations referred favorably to the Committee of the Whole: SB 98-30 and HB 98-1395

Health, After consideration on the merits, the committee recommends that SB 98-182 be

Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations

Welfare and with favorable recommendation:

Institutions

Amend printed bill, page 6, strike lines 13 through 26.

Page 7, strike lines 1 through 12 and substitute the following:

"SECTION 5. 42-4-310, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:".

Health, After consideration on the merits, the committee recommends that SB 98-185 be

Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations

Welfare and with favorable recommendation:

Institutions

Amend printed bill, page 2 strike lines 2 through 21.

Strike pages 3 through 5.

Page 6, strike lines 1 through 3, and substitute the following:

"SECTION 10  26­2­703, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:

26­2­703.  Definitions. As used in this part 7, unless the context otherwise requires:

(18.5)  "TARGETED SPENDING LEVEL" MEANS THE AMOUNT OF COUNTY FUNDS THAT A COUNTY SHALL APPROPRIATE PURSUANT TO THE PROVISIONS OF SECTION 26­1­122 FOR THE PURPOSE OF DEFRAYING THE COUNTY'S MAINTENANCE OF EFFORT REQUIREMENT FOR THE WORKS PROGRAM.

(21.5)  "WORKS ALLOCATION COMMITTEE" MEANS THE COMMITTEE CREATED PURSUANT TO SECTION 26­2­714 (6).

SECTION 20  26­2­714 (2), (5), and (6), Colorado Revised Statutes, are amended, and the said 26­2­714 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:

26­2­714.  County block grants formula ­ use of moneys. (2)  Subject to available appropriations, in state fiscal year 1998­99 and in each fiscal year thereafter, the state department, WITH INPUT FROM THE WORKS ALLOCATION COMMITTEE, CREATED PURSUANT TO THE PROVISIONS OF SUBSECTION (6) OF THIS SECTION, may adjust the county block grant identified in subsection (1) of this section by increasing or reducing the amount of such grant based upon factors that shall include but not be limited to:

(a)  The county's population and the Colorado works program caseload;

(b)  The unemployment rate in the county based upon the state department of labor and employment assessment of county unemployment rates for the prior year;

(c)  The county's performance in meeting the obligations under the performance contract with the state department pursuant to the provisions of section 26­2­715;

(d)  A county's failure to maintain its historic effort as required pursuant to subsection (6) of this section;

(e)  Other factors determined by the state department that directly affect the population of needy families in a county.

(2.5)  IN THE EVENT THAT THE STATE DEPARTMENT AND THE WORKS ALLOCATION COMMITTEE DO NOT REACH AN AGREEMENT ON ADJUSTMENTS TO THE COUNTY BLOCK GRANTS PURSUANT TO THE PROVISIONS OF SUBSECTION (2) OF THIS SECTION ON OR BEFORE JUNE 15 OF EACH STATE FISCAL YEAR, THE WORKS ALLOCATION COMMITTEE SHALL SUBMIT ALTERNATIVES TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY FROM WHICH SUCH JOINT BUDGET COMMITTEE SHALL IDENTIFY EACH INDIVIDUAL COUNTY'S BLOCK GRANT FOR SUCH STATE FISCAL YEAR.

(5) (a)  A county shall be authorized to maintain a reserve account of county block grant funds pursuant to rules promulgated by the state department. At the end of each state fiscal year, a county shall remit to the short­term works emergency fund created in section 26­2­720 fifty percent of any amount in such county reserve account that is in excess of twenty percent of the total county block grant for such state fiscal year.

SB 98-185

(Cont.)

(b)  A COUNTY SHALL BE REQUIRED TO MAINTAIN IN SUCH COUNTY'S SOCIAL SERVICES FUND CREATED PURSUANT TO SECTION 26­1­123 ANY COUNTY FUNDS THAT WERE APPROPRIATED PURSUANT TO SECTION 26­2­716 (1) (a) AND SECTION 26­1­122 (6) IN ORDER TO MEET THE TARGETED SPENDING LEVEL REQUIRED PURSUANT TO SUBSECTION (6) OF THIS SECTION BUT NOT ACTUALLY EXPENDED ON THE WORKS PROGRAM DURING THE STATE FISCAL YEAR FOR WHICH THE COUNTY APPROPRIATED SUCH FUNDS.

(6) (a)  Targeted spending levels. For state fiscal year 1997­98 AND EACH STATE FISCAL YEAR THEREAFTER, a county shall be required to meet levels of spending on the works program that meet or exceed A COUNTY'S TARGETED SPENDING LEVEL SHALL BE AN AMOUNT THAT MEETS OR EXCEEDS one hundred percent of the county's spending on AFDC, JOBS, and the administrative costs related to those programs in state fiscal year 1995­96.

(b)  Actual spending levels ­ 1997­98. For state fiscal year 1998­99 and for each fiscal year thereafter, a county shall be required to meet the levels of spending on the works program that are identified in the performance contract with the state department entered into pursuant to section 26­2­715. (I)  FOR STATE FISCAL YEAR 1997­98, ALL COUNTIES COLLECTIVELY SHALL BE REQUIRED TO MEET AN ACTUAL LEVEL OF SPENDING ON THE WORKS PROGRAM THAT CONSTITUTES EIGHTY PERCENT OF WHAT ALL COUNTIES COLLECTIVELY SPENT ON AFDC, JOBS, AND THE ADMINISTRATIVE COSTS RELATED TO THOSE PROGRAMS IN STATE FISCAL YEAR 1993­94.

(II)  SUBJECT TO THE PROVISIONS OF SUBSECTION (8) OF THIS SECTION, THE STATE DEPARTMENT SHALL DETERMINE A SPECIFIC SPENDING LEVEL FOR EACH COUNTY FOR STATE FISCAL YEAR 1997­98 BASED UPON THE COUNTY'S PROPORTIONATE SHARE OF EXPENDITURES ON AFDC, JOBS, AND THE ADMINISTRATIVE COSTS RELATED TO THOSE PROGRAMS IN STATE FISCAL YEAR 1995­96, AS COMPARED TO THE TOTAL LEVEL OF SPENDING ON SUCH PROGRAMS AND COSTS FOR ALL COUNTIES FOR STATE FISCAL YEAR 1995­96.

(III)  IN NO EVENT SHALL A COUNTY'S SPECIFIC SPENDING LEVEL FOR STATE FISCAL YEAR 1997­98 EXCEED THE ACTUAL TOTAL EXPENDITURES IN SUCH COUNTY FOR THE WORKS PROGRAM FOR STATE FISCAL YEAR 1997­98.

(c)  Actual spending levels ­ 1998­99 and thereafter. (I)  FOR STATE FISCAL YEAR 1998­99 AND FOR EACH STATE FISCAL YEAR THEREAFTER, ALL COUNTIES COLLECTIVELY SHALL BE REQUIRED TO MEET LEVELS OF SPENDING ON THE WORKS PROGRAM THAT ARE SET FORTH IN THE ANNUAL LONG APPROPRIATION ACT, SUBJECT TO THE PROVISIONS OF SUBSECTION (8) OF THIS SECTION.

(II)  FOR STATE FISCAL YEAR 1998­99 AND FOR EACH STATE FISCAL YEAR THEREAFTER, EACH COUNTY'S LEVEL OF SPENDING SHALL BE IDENTIFIED BY THE WORKS ALLOCATION COMMITTEE CREATED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH (c) NO LATER THAN JUNE 15 OF EACH STATE FISCAL YEAR. IN THE EVENT THAT THE WORKS ALLOCATION COMMITTEE DOES NOT REACH AN AGREEMENT ON EACH INDIVIDUAL COUNTY'S LEVEL OF SPENDING FOR A STATE FISCAL YEAR ON OR BEFORE JUNE 15 OF SUCH STATE FISCAL YEAR, THE COMMITTEE SHALL SUBMIT ALTERNATIVES TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY FROM WHICH SUCH JOINT BUDGET COMMITTEE SHALL IDENTIFY EACH INDIVIDUAL COUNTY'S LEVEL OF SPENDING FOR A STATE FISCAL YEAR. THE AMOUNT IDENTIFIED FOR A COUNTY'S LEVEL OF SPENDING SHALL BE IDENTIFIED IN THE COUNTY'S PERFORMANCE CONTRACT WITH THE STATE DEPARTMENT ENTERED INTO PURSUANT TO SECTION 26­2­715.

SB 98-185

(Cont.)

(III)  THE WORKS ALLOCATION COMMITTEE SHALL ALSO IDENTIFY THE AMOUNT OF MITIGATION THAT SHALL BE ALLOCATED FOR A SMALL COUNTY IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (8) OF THIS SECTION. THE WORKS ALLOCATION COMMITTEE MAY CREATE A SUBCOMMITTEE THAT REPRESENTS THE INTERESTS OF SMALL COUNTIES AS DEFINED IN SUBSECTION (8) OF THIS SECTION, WHICH SUBCOMMITTEE MAY MAKE RECOMMENDATIONS CONCERNING THE MITIGATION AMOUNTS TO BE ALLOCATED FOR A SMALL COUNTY PURSUANT TO THE PROVISIONS OF SUBSECTION (8) OF THIS SECTION.

(IV)  THERE IS HEREBY CREATED THE WORKS ALLOCATION COMMITTEE THAT SHALL CONSIST OF FIVE COUNTY COMMISSIONERS APPOINTED BY A STATEWIDE ASSOCIATION OF COUNTIES AND TWO MEMBERS APPOINTED BY THE STATE DEPARTMENT AND THAT SHALL IDENTIFY ITS OWN ORGANIZATION RULES.

(8) (a)  AS USED IN THIS SUBSECTION (8), UNLESS THE CONTEXT OTHERWISE REQUIRES:

(I)  "ANNUAL MAXIMUM MITIGATION AMOUNT" MEANS THAT PORTION OF THE TOTAL AMOUNT OF COUNTY FUNDS IDENTIFIED IN THE ANNUAL LONG APPROPRIATION ACT THAT MAY BE USED FOR MITIGATION FOR SMALL COUNTIES IN THAT STATE FISCAL YEAR.

(II)  "MITIGATION" MEANS A SPECIFIC REDUCTION IN A COUNTY'S TARGETED SPENDING LEVEL ESTABLISHED PURSUANT TO SUBSECTION (6) OF THIS SECTION THAT IS AUTHORIZED PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (8).

(III)  "SMALL COUNTY" MEANS ANY ONE OF THE FOLLOWING COUNTIES: ARCHULETA, BACA, BENT, CHEYENNE, CLEAR CREEK, COSTILLA, CROWLEY, CUSTER, DOLORES, EAGLE, ELBERT, GILPIN, GRAND, GUNNISON, HINSDALE, JACKSON, KIOWA, KIT CARSON, LAKE, LINCOLN, MINERAL, OURAY, PARK, PHILLIPS, PITKIN, RIO BLANCO, ROUTT, SAN JUAN, SAN MIGUEL, SEDGWICK, SUMMIT, WASHINGTON, AND YUMA.

(b)  SUBJECT TO THE IDENTIFICATION OF AN ANNUAL MAXIMUM MITIGATION AMOUNT IN THE ANNUAL LONG APPROPRIATION ACT AND THE CRITERIA IDENTIFIED IN PARAGRAPH (c) OF THIS SUBSECTION (8), THE WORKS ALLOCATION COMMITTEE CREATED PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH (c) OF SUBSECTION (6) OF THIS SECTION IS AUTHORIZED TO IDENTIFY THE AMOUNT OR AMOUNTS OF ANY MITIGATION THAT SHALL BE ALLOCATED TO A SMALL COUNTY IN A SPECIFIC STATE FISCAL YEAR. THE WORKS ALLOCATION COMMITTEE SHALL NOTIFY THE STATE DEPARTMENT OF ANY AGREEMENT CONCERNING THE ALLOCATION OF ANY ANNUAL MAXIMUM MITIGATION AMOUNT IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBSECTION (8).

(c)  THE CRITERIA THAT THE WORKS ALLOCATION COMMITTEE SHALL USE INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:".

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB 98-183

Education After consideration on the merits, the committee recommends that HB 98-1234 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 6, after line 5, insert the following:

"SECTION 8.  22­54­103 (7), Colorado Revised Statutes, is amended to read:

22­54­103.  Definitions.  As used in this article, unless the context otherwise requires:

(7)  "Funded pupil count" means the greater of:

(a)  The district's pupil enrollment for the applicable budget year; or

(b)  THE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE DISTRICT'S PUPIL ENROLLMENT FOR THE IMMEDIATELY PRECEDING BUDGET YEAR; OR

HB 98-1234

(Cont.)

(b)  (c)  The average of the district's pupil enrollment for the applicable budget year and the district's pupil enrollment for the two immediately preceding budget years; OR

(d)  THE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE DISTRICT'S PUPIL ENROLLMENT FOR THE THREE IMMEDIATELY PRECEDING BUDGET YEARS.

SECTION 9. 22­54­104 (2) (a) (IV) (D), Colorado Revised Statutes, is amended to read:

22­54­104.  District total program. (2) (a) (IV) (D)  For purposes of this subparagraph (IV), a district's "per pupil funding" shall be the district's total program for the applicable budget year, as calculated pursuant to sub­subparagraph (A) of subparagraph (III) of this paragraph (a), divided by the district's funded pupil count for such budget year; EXCEPT THAT, FOR THE 1998­99 BUDGET YEAR, A DISTRICT'S "PER PUPIL FUNDING" SHALL BE CALCULATED UNDER THIS PROVISION WITHOUT REGARD TO THE CHANGE IN THE SIZE FACTORS MADE IN SUBPARAGRAPH (I.5) OF PARAGRAPH (b) OF SUBSECTION (5) OF THIS SECTION AND, FOR THE 1999­2000 BUDGET YEAR AND BUDGET YEARS THEREAFTER, SHALL BE CALCULATED USING THE COST OF LIVING FACTOR AND SIZE FACTOR USED IN THE CALCULATION FOR THE 1998­99 BUDGET YEAR UNDER THIS SUB­SUBPARAGRAPH (D) AND THE AT­RISK FACTOR CALCULATED UNDER THIS SECTION AS IT EXISTED FOR THE 1997­98 BUDGET YEAR OR USING THE COST OF LIVING, SIZE FACTOR, AND AT­RISK FACTOR APPLICABLE FOR THE BUDGET YEAR, WHICHEVER PRODUCES THE LESSER "PER PUPIL FUNDING" AMOUNT .

SECTION 10. 22­54­104 (5) (b) (I), Colorado Revised Statutes, is amended, and the said 22­54­104 (5) (b) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:

22­54­104.  District total program. (5) (b) (I)  A district's size factor for the 1994­95, budget year and budget years thereafter 1995­96, 1996­97, AND 1997­98 BUDGET YEARS shall be determined in accordance with the following formula:

If the district's funded The district's

pupil count is: size factor shall be:

Less than 276 1.5502 + (0.00376159 x

the difference between

the funded pupil count

and 276)

276 or more but less than 459 1.2430 + (0.00167869 x

the difference between

the funded pupil count

and 459)

459 or more but less than 1,027 1.1260 + (0.00020599 x

the difference between

the funded pupil count

and 1,027)

1,027 or more but less than 2,293 1.0578 + (0.00005387 x

the difference between

the funded pupil count

and 2,293)

2,293 or more but less than 5,814 1.0000 + (0.00001642 x

the difference between

the funded pupil count

and 5,814)

5,814 or more but less than 21,940 1.0000

21,940 or more but less than 32,193 1.0000 + (0.00000334 x

the difference between

the funded pupil count

and 21,940)

HB 98-1234

(Cont.)

32,193 or more 1.0342

(I.5)  A DISTRICT'S SIZE FACTOR FOR THE 1998­99 BUDGET YEAR AND BUDGET YEARS THEREAFTER SHALL BE DETERMINED IN ACCORDANCE WITH THE FOLLOWING FORMULA:

IF THE DISTRICT'S FUNDED THE DISTRICT'S

PUPIL COUNT IS: SIZE FACTOR SHALL BE:

LESS THAN 276 1.5502 + (0.00376159 X

THE DIFFERENCE BETWEEN THE FUNDED PUPIL COUNT AND 276)

276 OR MORE BUT LESS THAN 459 1.2430 + (0.00167869 X

THE DIFFERENCE BETWEEN THE FUNDED PUPIL COUNT AND 459)

459 OR MORE BUT LESS THAN 1,027 1.1260 + (0.00020599 X

THE DIFFERENCE

BETWEEN THE FUNDED PUPIL COUNT AND 1,027)

1,027 OR MORE BUT LESS THAN 2,293 1.0578 + (0.00005387 X THE DIFFERENCE

BETWEEN THE FUNDED PUPIL COUNT AND 2,293)

2,293 OR MORE BUT LESS THAN 5,650 1.0136 + (0.00001317 X

THE DIFFERENCE

BETWEEN THE FUNDED PUPIL COUNT AND 5,650)

5,650 OR MORE BUT LESS THAN 26,025 1.0136

26,025 OR MORE BUT LESS THAN 32,193 1.0136 + (0.00000334 X

THE DIFFERENCE

BETWEEN THE FUNDED PUPIL COUNT AND 26,025)

32,193 OR MORE 1.0342

SECTION 11.  22­54­104 (5) (b), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

22­54­104.  District total program. (5)  For purposes of the formulas used in this section:

(b) (IV)  FOR THE 1998­99 BUDGET YEAR AND BUDGET YEARS THEREAFTER, THE FUNDED PUPIL COUNT USED TO CALCULATE A DISTRICT'S SIZE FACTOR PURSUANT TO THIS PARAGRAPH (b) SHALL BE THE FUNDED PUPIL COUNT, AS CALCULATED PURSUANT TO SECTION 22­54­103 (7), REDUCED BY THE NUMBER OF PUPILS INCLUDED IN THE FUNDED PUPIL COUNT THAT ARE ENROLLED IN CHARTER SCHOOLS IN THE DISTRICT; EXCEPT THAT THE PROVISIONS OF THIS SUBPARAGRAPH (IV) SHALL ONLY APPLY TO THOSE DISTRICTS WITH A FUNDED PUPIL COUNT, AS CALCULATED PURSUANT TO SECTION 22­54­103 (7), OF FIVE HUNDRED OR LESS.

SECTION  12.  22­54­105 (1) (c), Colorado Revised Statutes, is amended to read:

HB 98-1234

(Cont.)

22­54­105.  Instructional supplies and materials ­ capital reserve and insurance reserve. (1) (c)  For purposes of this subsection (1), instructional supplies and materials include, but are not limited to, supplies, textbooks, library books, periodicals, and other supplies and materials. Instructional capital outlay includes those expenditures which result in the acquisition of fixed assets for instructional purposes, or additions thereto, which the board of education anticipates will have benefits for more than one year. Other instructional purposes include expenses incurred in providing transportation for pupils to and from school­sponsored instructional activities which occur outside the classroom AND costs incurred for repair or maintenance services for equipment which is directly used for instructional purposes. and costs incurred in providing staff development directly related to instruction. Moneys expended for staff development costs shall not exceed ten percent of the amount budgeted pursuant to this subsection (1). Costs incurred in providing staff development shall include moneys expended pursuant to contractual arrangements with educators and other staff development providers but shall not include moneys for out­of­state travel or moneys for in­district teacher salary increases. Instructional supplies and materials, instructional capital outlay, and other instructional purposes are limited to those functions accounts and objects accounts as prescribed by the state board of education.

SECTION 13.  Article 54 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

22­54­122.  Small attendance center aid. (1)  FOR THE 1998­99 BUDGET YEAR AND BUDGET YEARS THEREAFTER, A DISTRICT SHALL BE ELIGIBLE FOR AID PURSUANT TO THIS SECTION IF:

(a)  THE DISTRICT HAS MORE THAN ONE ELEMENTARY OR SECONDARY SCHOOL ATTENDANCE CENTER; AND

(b)  THE DISTRICT OPERATES ONE OR MORE ELEMENTARY OR SECONDARY ATTENDANCE CENTERS WITH A PUPIL ENROLLMENT OF LESS THAN TWO HUNDRED AND THAT IS LOCATED TWENTY OR MORE MILES FROM ANY SIMILAR SCHOOL ATTENDANCE CENTER IN THE SAME DISTRICT.

(2)  A DISTRICT MEETING THE ELIGIBILITY REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION SHALL BE ELIGIBLE TO RECEIVE AID FOR EACH SMALL ATTENDANCE CENTER AS CALCULATED BY: MULTIPLYING THE PUPIL ENROLLMENT OF THE SMALL ATTENDANCE CENTER BY AN AMOUNT EQUAL TO SIXTY PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT PER PUPIL FUNDING, AS CALCULATED PURSUANT TO SECTION 22­54­104, AND THE DISTRICT PER PUPIL FUNDING, AS CALCULATED PURSUANT TO SECTION 22­54­104 EXCEPT USING THE SIZE FACTOR CALCULATED USING THE FUNDED PUPIL COUNT OF THE SMALL ATTENDANCE CENTER; AND THEN MULTIPLYING SUCH AMOUNT BY THE PERCENTAGE DETERMINED BY DIVIDING THE DIFFERENCE BETWEEN TWO HUNDRED AND THE FUNDED PUPIL COUNT OF THE SMALL ATTENDANCE CENTER BY TWO HUNDRED.

(3)  THE GENERAL ASSEMBLY SHALL APPROPRIATE ANNUALLY AN AMOUNT FOR SMALL ATTENDANCE CENTER AID TO BE DISTRIBUTED PURSUANT TO THE FORMULA IN SUBSECTION (2) OF THIS SECTION. IN THE EVENT THE AMOUNT OF MONEY APPROPRIATED BY THE GENERAL ASSEMBLY IS LESS THAN THE AMOUNT OF AID AUTHORIZED BY THIS SECTION TO ALL DISTRICTS, THE AMOUNT TO BE DISTRIBUTED TO EACH SCHOOL DISTRICT SHALL BE IN THE SAME PROPORTION AS THE AMOUNT THAT THE APPROPRIATION BEARS TO THE TOTAL AMOUNT OF AID FOR ALL DISTRICTS.

SECTION 14.  22­54­107 (2) and (3), Colorado Revised Statutes, are amended to read:

22­54­107.  Buy­out of categorical programs. (2)  When a district receives property tax revenue from the additional levy made pursuant to subsection (1) of this section or when a district has elected to keep excess property tax revenue collected during the 1992 calendar year pursuant to the provisions of section 22­44­103.5 (2) (b) (III) (C) or (2) (c) (III), such property tax revenue shall be used to replace, on a pro rata basis, any categorical program support funds which THAT such district would otherwise be eligible to receive from the state. The amount of categorical program support funds replaced by property tax revenue pursuant to the provisions of this subsection (2) shall be used to make payments of categorical program support funds to eligible districts, and, in the event that the appropriations for categorical programs are less than the total categorical program support funds to which districts are entitled under applicable provisions of law, such funds shall be applied to categorical programs in the following order:

HB 98-1234

(Cont.)

(a)  First, transportation aid pursuant to article 51 of this title;

(b)  Second, funds pursuant to the "English Language Proficiency Act", article 24 of this title; and

(c)  THIRD, SMALL ATTENDANCE CENTER AID PURSUANT TO SECTION 22­54­122; AND

(c) (d)  Third FOURTH, funds pursuant to the "Exceptional Children's Educational Act", article 20 of this title.

(3)  For purposes of this section, "categorical program support funds which THAT the district would otherwise be eligible to receive from the state" means amounts which THAT the district would have received from the state but which THAT will be received instead from property tax revenues by reason of this section and includes funds pursuant to the "Exceptional Children's Educational Act", article 20 of this title, funds pursuant to the "English Language Proficiency Act", article 24 of this title, transportation aid pursuant to article 51 of this title, SMALL ATTENDANCE CENTER AID PURSUANT TO SECTION 22­54­122, and vocational education aid pursuant to article 8 of title 23, C.R.S. Funds received by an administrative unit under the "Exceptional Children's Educational Act", article 20 of this title, as reimbursement for services provided to children counted in the pupil enrollment of a district shall be considered as funds which THAT a district would otherwise be eligible to receive for purposes of this subsection (3).

SECTION 15.  22­28­104 (2) (b) (II) and (2) (c), Colorado Revised Statutes, are amended, and the said 22­28­104 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

22­28­104.  Establishment of public preschool programs. (2)  In recognition of the fact that there are thousands of children in Colorado not presently being served who would benefit from the state preschool program, the number of children that may participate in the state preschool program shall be increased:

(b) (II)  For the 1995­96 budget year through the 2000­01 1997­98 budget year, the department, in its discretion, may establish a program under which a school district could apply to the department for authorization to implement a full­day kindergarten component of the district's preschool program. Of the total number of children that may participate in the state preschool program, no more than five hundred would be allowed to participate in the full day kindergarten program. If a program is established, the department shall establish criteria to use in selecting school districts for participation in the program.

(c)  To not more than 8,500 in the 1996­97 budget year and budget years thereafter AND 1997­98 BUDGET YEARS;

(d) (I)  TO NOT MORE THAN 8,850 IN THE 1998­99 BUDGET YEAR AND BUDGET YEARS THEREAFTER.

(II)  FOR THE 1998­99 BUDGET YEAR THROUGH THE 2000­01 BUDGET YEAR, THE DEPARTMENT SHALL ALLOW SCHOOL DISTRICTS TO APPLY TO THE DEPARTMENT FOR AUTHORIZATION TO SERVE NO MORE THAN FIVE HUNDRED ELIGIBLE CHILDREN THROUGH A FULL­DAY KINDERGARTEN COMPONENT OF THE DISTRICT'S PRESCHOOL PROGRAM. THE DEPARTMENT, USING ESTABLISHED CRITERIA, SHALL SELECT SCHOOL DISTRICTS TO PARTICIPATE IN SUCH FULL­DAY KINDERGARTEN PROGRAMS UNTIL THE TOTAL NUMBER OF FULL-DAY KINDERGARTEN POSITIONS APPLIED FOR HAS BEEN FILLED OR THE LIMITATION OF FIVE­HUNDRED CHILDREN HAS BEEN REACHED, WHICHEVER EVENT OCCURS FIRST.

SECTION 16.  22­36­105, Colorado Revised Statutes, is amended as follows:

HB 98-1234

(Cont.)

22­36­105.  Schools of choice fund ­ creation ­ purpose ­ repeal. (1)  There is hereby created in the state treasury the schools of choice fund, which fund shall be made up of moneys transferred thereto from the state public school fund pursuant to section 22­54­114, if any, as well as any moneys received by the department pursuant to subsection (2) of this section. THE SCHOOLS OF CHOICE FUND IS HEREBY ABOLISHED. ANY MONEYS REMAINING IN THE FUND ON THE EFFECTIVE DATE OF THIS ACT SHALL BE TRANSFERRED TO THE STATE PUBLIC SCHOOL FUND.

(2)  Any bequests, gifts, and grants received by the department to be used for the purposes of section 22­36­104 shall be credited to the schools of choice fund.

(3)  The moneys in said fund are subject to annual appropriation by the general assembly to the department for the direct and indirect costs of implementing and administering the interdistrict schools of choice pilot program and for the purposes set forth in sections 22­36­104 and 22­36­106.

(4)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 1998.

SECTION 17.  22­54­114 (3), Colorado Revised Statutes, is amended to read:

22­54­114.  State public school fund. (3)  Fifty percent of any unexpended balance of moneys appropriated by the general assembly in the state public school fund at the end of each fiscal year shall be transferred to the schools of choice fund created in section 22­36­105 and the remaining fifty percent shall be transferred to the Colorado comprehensive health education fund created in section 22­25­109. but THE REMAINING FIFTY PERCENT AND any balances derived from other sources shall remain in said state public school fund and become available for distribution during the following fiscal year.

SECTION 18.  22­45­103 (1) (a) (VI), Colorado Revised Statutes, is amended to read:

22­45­103.  Funds. (1)  The following funds are created for each school district for purposes specified in this article:

(a)  General fund. (VI) (A)  For the 1997­98 budget year and budget years thereafter, an amount determined pursuant to sub­subparagraph (B) of this subparagraph (VI) shall be credited to the capital construction account. Moneys in said account may be used for any of the purposes set forth in sub­subparagraphs (A), (B), (C), and (D) of subparagraph (I) of paragraph (c) of this subsection (1) but shall not be expended by the district for any other purpose. All interest earned on the investment of moneys in the account shall be credited to the account. Moneys remaining in the account at the end of any fiscal year shall remain in the account and be available for expenditure in the next fiscal year. ON THE EFFECTIVE DATE OF THIS SUBPARAGRAPH (VI), AS AMENDED, THE CAPITAL CONSTRUCTION ACCOUNT SHALL BE ABOLISHED, AND ANY MONEYS REMAINING IN THE ACCOUNT SHALL BE TRANSFERRED TO THE GENERAL FUND OF THE SCHOOL DISTRICT.

(B)  The amount to be credited to the capital construction account in each budget year shall be the difference between the district's total employer contribution for the budget year as calculated pursuant to section 24­51­401 (1.7), C.R.S., using a contribution rate of 11.6% and as calculated pursuant to said section using a contribution rate of 11.5%.

THIS SUBPARAGRAPH (VI) IS REPEALED, EFFECTIVE JULY 1, 1998.

SECTION 19.  22­45­103 (1) (c) (I) (E), Colorado Revised Statutes, is amended to read:

22­45­103.  Funds. (1)  The following funds are created for each school district for purposes specified in this article:

HB 98-1234

(Cont.)

(c)  Capital reserve fund. (I)  Moneys allocated pursuant to the provisions of section 22­54­105 (2) shall be transferred from the general fund and recorded in the capital reserve fund along with the revenues received pursuant to section 39­5­132, C.R.S. Such revenues may be supplemented by gifts, donations, and tuition receipts. Unencumbered moneys in the fund may be transferred to a fund or an account within the general fund established in accordance with generally accepted accounting principles solely for the management of risk­related activities as identified in section 24­10­115, C.R.S., and article 13 of title 29, C.R.S., by resolution of the board of education when such transfer is deemed necessary by the board. Expenditures from the fund shall be limited to long­range capital outlay expenditures and shall be made only for the following purposes:

(E)  Acquisition of school buses or other equipment, the estimated unit cost of which, including any necessary installation, is in excess of seven hundred fifty ONE THOUSAND dollars;

SECTION 20.  Repeal.  22­45­112.5, Colorado Revised Statutes, is repealed as follows:

22­45­112.5.  Sale of certificates of participation ­ use of proceeds.  Notwithstanding the provisions of section 22­45­112, all or any portion of the proceeds received by a school district from the issuance and sale of certificates of participation may, in the discretion of the board of education, be deposited into the district's pension or retirement fund.

SECTION 21.  24­72­204 (3) (d), Colorado Revised Statutes, is amended to read:

24­72­204.  Allowance or denial of inspection ­ grounds ­ procedure ­ appeal. (3) (d)  THE PROVISIONS OF THIS PARAGRAPH (d) SHALL APPLY TO ALL PUBLIC SCHOOLS AND SCHOOL DISTRICTS THAT RECEIVE FUNDS UNDER ARTICLE 54 OF TITLE 22, C.R.S. Notwithstanding the provisions of subparagraph (VI) of paragraph (a) of this subsection (3), under policies adopted by the local board of education, the names, addresses, and home telephone numbers of students in any secondary school shall be released to a recruiting officer for any branch of the United States armed forces who requests such information, subject to the following:

(I)  Each local board of education shall adopt one of the following policies A POLICY to govern the release of the names, addresses, and home telephone numbers of secondary school students to military recruiting officers THAT PROVIDES THAT SUCH INFORMATION SHALL BE RELEASED TO RECRUITING OFFICERS UNLESS A STUDENT SUBMITS A REQUEST, IN WRITING, THAT SUCH INFORMATION NOT BE RELEASED.

(A)  A policy that such information shall be released to recruiting officers unless a student submits a request, in writing, that such information not be released; or

(B)  A policy that such information shall be released to recruiting officers, but only if a student notifies the local board of education that such information may be released. Under this policy, the local board shall inform secondary students of their obligation to notify the board should they desire that such information be released.

(II)  In the event that the local board of education fails to adopt either of the policies in subparagraph (I) of this paragraph (d), the policy set forth in sub­subparagraph (A) of subparagraph (I) of this paragraph (d) shall be applicable. THE DIRECTORY INFORMATION REQUESTED BY A RECRUITING OFFICER SHALL BE RELEASED BY THE LOCAL BOARD OF EDUCATION WITHIN NINETY DAYS OF THE DATE OF THE REQUEST.

(III)  The local board of education shall comply with any applicable provisions of the federal "Family Education Rights and Privacy Act of 1974" (FERPA), 20 U.S.C. section 1232g, and the federal regulations cited thereunder relating to the release of student information by educational institutions that receive federal funds.

(IV)  Actual DIRECT expenses incurred in furnishing this information shall be paid for by the requesting service AND SHALL BE REASONABLE AND CUSTOMARY.

(V)  The recruiting officer shall use the data released for the purpose of providing information to students regarding military service and shall not use it for any other purpose or release such data to any person or organization other than individuals within the recruiting services of the armed forces.

HB 98-1234

(Cont.)

SECTION 22.  22­32­116.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

22­32­116.5.  Extracurricular and interscholastic activities ­ specific provisions. (9.7) (a)  THE PROVISIONS OF THIS SUBSECTION (9.7) SHALL APPLY TO ALL PUBLIC SCHOOLS AND SCHOOL DISTRICTS THAT RECEIVE FUNDS UNDER ARTICLE 54 OF THIS TITLE.

(b)  ANY ORGANIZATION OR ASSOCIATION THAT PLACES PUBLIC SCHOOLS INTO CLASSIFICATIONS FOR ACTIVITIES BASED UPON ENROLLMENT OR MEMBERSHIP SHALL PLACE A PUBLIC SCHOOL WITHIN A CLASSIFICATION BASED UPON ITS PUPIL ENROLLMENT DETERMINED IN ACCORDANCE WITH SECTION 22­54­103 (10). THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT MAY AUTHORIZE THE SUPERINTENDENT TO LIMIT, FOR A PERIOD OF NOT LESS THAN TWO YEARS, THE ENROLLMENT OF THE PUBLIC SCHOOL IN ACCORDANCE WITH SECTION 22­36­101. SUCH A RESOLUTION MUST BE ADOPTED NO LATER THAN APRIL 1 OF THE CURRENT YEAR AND NO LATER THAN THE OCTOBER PUPIL ENROLLMENT COUNT FOR YEARS THEREAFTER. UPON RECEIPT OF A COPY OF SUCH RESOLUTION, THE ORGANIZATION OR ASSOCIATION SHALL PLACE THE PUBLIC SCHOOL INTO A CLASSIFICATION BASED UPON THE PUPIL ENROLLMENT COUNT OR THE ENROLLMENT LIMIT ADOPTED BY THE SCHOOL DISTRICT, WHICHEVER IS LESS.

SECTION 23.  Appropriation ­ adjustment in 1997 long bill. (1)  For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1997, shall be adjusted as follows: The appropriation made to the department of education, public school finance, total program, is decreased by one million eight hundred ninety­one thousand one hundred twenty dollars ($1,891,120). Said sum shall be from the general fund.

(2)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the state public school fund created in section 22­54­114, Colorado Revised Statutes, for the fiscal year beginning July 1, 1997, the sum of one million eight hundred ninety­one thousand one hundred twenty dollars ($1,891,120).

SECTION 24.  Appropriation for 1997­98 fiscal year. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the state public school fund created in section 22­54­114, Colorado Revised Statutes, for the fiscal year beginning July 1, 1997, the sum of twelve million seven hundred thousand dollars ($12,700,000).".

Renumber succeeding sections accordingly.

Page 7, after line 3, insert the following:

"(3)  For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows: The appropriation made to the department of education, public school finance, special education ­ gifted and talented children, is increased by one million dollars ($1,000,000). Said sum shall be from the state public school fund created in section 22­54­114, Colorado Revised Statutes.

(4)  For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows: The appropriation made to the department of education, public school finance, special education ­ children with disabilities, is increased by two million six hundred thousand dollars ($2,600,000). Said sum shall be from the state public school fund created in section 22­54­114, Colorado Revised Statutes.

HB 98-1234

(Cont.)

(5)  For the implementation of section 22­54­103 (7), Colorado Revised Statutes, as amended, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows: The appropriation made to the department of education, public school finance, total program, is increased by eight hundred ninety­one thousand eight hundred eighty­three dollars ($891,883). Said sum shall be from the state public school fund created in section 22­54­114, Colorado Revised Statutes.

(6)  For the implementation of section 22­54­104 (2) and (5), Colorado Revised Statutes, as amended, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows: The appropriation made to the department of education, public school finance, total program, is increased by seven million nine hundred eighty thousand nine hundred twenty­eight dollars ($7,980,928). Said sum shall be from the state public school fund created in section 22­54­114, Colorado Revised Statutes.

(7)  For the implementation of section 22­54­104 (5) (b) (IV), Colorado Revised Statutes, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows: The appropriation made to the department of education, public school finance, total program, is increased by one hundred fifty­seven thousand four hundred sixty­two dollars ($157,462). Said sum shall be from the state public school fund.

(8)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the state public school fund created in section 22­54­114, Colorado Revised Statutes, not otherwise appropriated, to the department of education, for the fiscal year beginning July 1, 1998, the sum of one million four hundred thousand dollars ($1,400,000), or so much thereof as may be necessary, for the implementation of section 22­54­122, Colorado Revised Statutes.

(9)  For the implementation of section 22­28­104 (2) (d), Colorado Revised Statutes, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows: The appropriation made to the department of education, public school finance, total program, is increased by eight hundred fifty thousand five hundred dollars ($850,500). Said sum shall be from the state public school fund.

SECTION 25.  Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the state public school fund created in section 22­54­114, Colorado Revised Statutes, not otherwise appropriated, to the department of military affairs, for the fiscal year beginning July 1, 1998, the sum of seven hundred thousand dollars ($700,000), or so much thereof as may be necessary, to be used by the department of military affairs to carry out the national guard challenge program in the state of Colorado and to apply for federal funds that are available to the state of Colorado to establish such a program. The general assembly anticipates that, for the fiscal year beginning July 1, 1998, the department of military affairs will receive the sum of two million one hundred thousand dollars ($2,100,000) in federal funds for the implementation of such a program. Although these funds are not appropriated by this section, they are noted for the purpose of indicating the assumption used relative to these funds.

SECTION 26.  Effective date.  This act shall take effect upon passage; except that section 18 of this act shall only take effect if House Bill 98­1242, enacted at the Second Regular Session of the Sixty­first General Assembly, becomes law.".

Renumber succeeding section accordingly.

INTRODUCTION OF BILLS--FIRST READING

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

SB 98-190 by Senators Matsunaka, Perlmutter, Wattenberg, Wells, and Wham; also Representatives Kreutz, Adkins, Grossman, Kaufman, and Nichol--Concerning the revision of statutes in the Colorado revised statutes, as amended, amending or repealing obsolete, inconsistent, and conflicting provisions of law and clarifying the language to reflect the legislative intent of the laws.

Judiciary

SB 98-191 by Senator Dennis; also Representatives Entz and Salaz--Concerning the acquisition of property by the division of wildlife in Las Animas county for public purposes, and making an appropriation therefor.

Agriculture, Natural Resources and Energy

Appropriations

SB 98-192 by Senator Wattenberg--Concerning amendments to the existing statutory distribution formula for gross receipts derived from pari-mutuel wagering on greyhound races.

Agriculture, Natural Resources and Energy

SB 98-193 by Senators Wells, Johnson, and Powers; also Representative Tucker--Concerning elections.

State, Veterans, and Military Affairs

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title:

SJR 98-17 by Senators Weddig, Blickensderfer, Coffman, Feeley, Lacy, and Martinez; also Representatives Hagedorn, Allen, McPherson, Tate, and S. Williams--Concerning congratulating the Aurora Hinkley High School basketball team on their state championship win.

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

SJR 98-18 by Senators Tanner, Congrove, Hernandez, Ament, Arnold, Bishop, Chlouber, Coffman, Lamborn, Feeley, Hopper, Johnson, Linkhart, Matsunaka, Mutzebaugh, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder, Thiebaut, Weddig, Wells, and Wham; also Representatives George, Adkins, Agler, Alexander, Allen, Chavez, Clarke, Dean, Epps, Gordon, Gotlieb, Grossman, Hagedorn, June, Johnson, Keller, Kreutz, Lawrence, Leyba, May, McElhany, McPherson, Miller, Morrison, Musgrave, Pankey, Paschall, Pfiffner, Salaz, Saliman, Schauer, Sinclair, Smith, Snyder, Swenson, Tate, Taylor, Tool, Tucker, Tupa, Udall, Veiga, and S. Williams--Urging the Colorado General Assembly to set aside an annual appreciation day for all Colorado peace officers.

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

RECONSIDERATION OF ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

Having voted on the prevailing side, Senator Tebedo moved for the reconsideration of the adoption of the Report of the Committee of the Whole.

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

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 98-1045 by Rep. Sinclair; Sen. Tebedo--Attempted Killing In Dom Rel Cases

Senator Tebedo moved to amend the Report of the Committee of the Whole to show that HB 98-1045 as amended, did pass.

Call of Call of Senate.

Senate

Call Raised.

HB 98-1045 The amendment was declared lost by the following roll call vote:

(Cont.)

YES 14		NO 18		EXCUSED 3		ABSENT 0
Alexander	N	Feeley	N	Mutzebaugh	YE	Tanner	N
Ament	YN	Hernandez	N	Pascoe	N	Tebedo	Y
Arnold	Y	Hopper	N	Perlmutter	N	Thiebaut	N
Bishop	EY	Johnson	N	Phillips	N	Wattenberg	N
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	E	Reeves	N	Wells	Y
Coffman	Y	Linkhart	N	Rizzuto	N	Wham	N
Congrove	Y	Martinez	N	Rupert	N	Mr. President	Y
Dennis	Y	Matsunaka	N	Schroeder	E

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Bishop, 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 98-1375, declared passed on Second Reading.

HB 98-1312 as amended, 98-1041 as amended, 98-1140 as amended, 98-1372 as amended, 98-1005 as amended, declared passed on Second Reading.

HB 98-1045 as amended, declared lost on Second Reading.

HB 98-1249, laid on the table.

HB 98-1306, laid over until Monday, March 30, retaining its place on the calendar.

______________________________

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 Friday, March 27, was laid over until Monday, March 30, retaining its place on the calendar.

______________________________

On motion of Senator Wells, the Senate adjourned until 10:00 a.m., Monday,

March 30, 1998.

Approved:

Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate