Senate Journal-Ninetieth Day-April 5, 2004 Page 715. SENATE JOURNAL 1 Sixty-fourth General Assembly 2 STATE OF COLORADO 3 Second Regular Session 4

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1 Senate Journal-Ninetieth Day-April 5, 2004 Page 715 SENATE JOURNAL 1 Sixty-fourth General Assembly 2 STATE OF COLORADO 3 Second Regular Session 4 56 Ninetieth Legislative Day Monday, April 5, Prayer By the chaplain, Reverend Glen Hamlyn Pledge By Senator Tapia Call to By the President at 10:00 a.m. 15 Order Roll Call Present Absent/Excused--1; Entz. 19 Present later--entz. 20 Quorum The President announced a quorum present Reading of On motion of Senator Keller, reading of the Journal of April 2, 2004, was 24 Journal dispensed with and the Journal was approved as corrected by the Secretary COMMITTEE OF REFERENCE REPORTS Health, After consideration on the merits, the Committee recommends that SB be referred 31 Environment, to the Committee on Appropriations with favorable recommendation. 32 Welfare, & 33 Institutions Appro- After consideration on the merits, the Committee recommends that SB be amended 37 priations as follows, and as so amended, be referred to the Committee of the Whole with favorable 38 recommendation Amend printed bill, page 7, line 14, after the period, add "IF STAFF 41 ASSISTANCE IS NOT AVAILABLE WITHIN EXISTING APPROPRIATIONS, THEN 42 THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL AND THE 43 DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL SERVICES MAY SUPPLY 44 STAFF ASSISTANCE TO THE TASK FORCE ONLY IF MONEYS ARE CREDITED TO 45 THE EXAMINATION OF THE TREATMENT OF PERSONS WITH MENTAL ILLNESS 46 IN THE CRIMINAL JUSTICE SYSTEM CASH FUND CREATED IN SECTION IN AN AMOUNT SUFFICIENT TO FUND STAFF ASSISTANCE." Page 15, line 10, strike "TASK" and substitute "DIVISION OF CRIMINAL 50 JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY, ON BEHALF OF THE TASK 51 FORCE,"; line 11, strike "FORCE" and, after "RECEIVE", insert "AND EXPEND"; line 12, strike "TO BE"; line 13, strike "EXPENDED"; line, after the period, insert "IF STAFF ASSISTANCE IS NOT AVAILABLE 60 FROM A GOVERNMENTAL AGENCY WITHIN EXISTING APPROPRIATIONS, 61 THEN THE EXECUTIVE DIRECTORS OF THE DEPARTMENTS REPRESENTED ON 62 THE TASK FORCE, THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE 63 COUNCIL, AND THE DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL 64 SERVICES MAY SUPPLY STAFF ASSISTANCE TO THE TASK FORCE ONLY IF 65 MONEYS ARE CREDITED TO THE EXAMINATION OF THE TREATMENT OF 66 PERSONS WITH MENTAL ILLNESS IN THE CRIMINAL JUSTICE SYSTEM CASH 67

2 Page 716 Senate Journal-Ninetieth Day-April 5, 2004 FUND CREATED IN SECTION IN AN AMOUNT SUFFICIENT TO FUND 1 STAFF ASSISTANCE."; 2 3 line 23, after "fund.", insert "(1)". 4 5 Page 16, after line 13, insert the following: 6 7 "(2) COMPENSATION AS PROVIDED IN SECTIONS (1) (d) 8 AND (2) FOR MEMBERS OF THE GENERAL ASSEMBLY AND FOR 9 STAFF ASSISTANCE TO THE COMMITTEE AND TASK FORCE PROVIDED BY THE 10 DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL AND THE DIRECTOR 11 OF THE OFFICE OF LEGISLATIVE LEGAL SERVICES SHALL BE APPROVED BY 12 THE CHAIR OF THE LEGISLATIVE COUNCIL AND PAID BY VOUCHERS AND 13 WARRANTS DRAWN AS PROVIDED BY LAW FROM MONEYS APPROPRIATED 14 FOR SUCH PURPOSE AND ALLOCATED TO THE LEGISLATIVE COUNCIL FROM 15 THE FUND."; strike lines 16 through 19, and substitute the following: "SECTION 2. Appropriation. In addition to any other 20 appropriation, there is hereby appropriated, out of any moneys in the criminal justice system cash fund created in section , Colorado 22 revised statutes, not otherwise appropriated, to the legislative department, 23 for the fiscal year beginning July 1, 2004, the sum of twenty-one 24 thousand eight hundred twenty-six dollars ($,826) and 0.4 FTE, or so 25 much thereof as may be necessary, for the implementation of this act." Page 1, line 103, strike "SYSTEM." and substitute "SYSTEM, AND MAKING 28 AN APPROPRIATION THEREFOR." Appro- After consideration on the merits, the Committee recommends that SB be 31 priations postponed indefinitely Appro- After consideration on the merits, the Committee recommends that SB be amended 35 priations as follows, and as so amended, be referred to the Committee of the Whole with favorable 36 recommendation Amend the Education Committee Report, dated February 12, 2004, page 39 1, strike line 1 and substitute the following: "Amend printed bill, page 15, line 16, strike "ONE HUNDRED" and 42 substitute "NINETY-FIVE"; line 18, strike "ONE" and substitute "NINETY-FIVE"; line 19, strike "HUNDRED"; strike lines and 22 and substitute the following: "IN THE ACADEMY. THE DEPARTMENT SHALL WITHHOLD FROM THE STATE 51 EQUALIZATION PAYMENTS OF THE ACADEMY'S PUPILS' RESPECTIVE SCHOOL 52 DISTRICTS OF RESIDENCE AN AMOUNT TO REIMBURSE THE SPONSORING 53 AUTHORITY FOR THE" Page 18, after line 6, insert the following: "(6) AN ACADEMY SHALL BE RESPONSIBLE FOR ADMINISTERING TO 58 ITS PUPILS THE STATEWIDE ASSESSMENTS DESCRIBED IN PART 6 OF ARTICLE 59 7 OF THIS TITLE AT THE EXPENSE OF THE ACADEMY OR THE SPONSORING 60 AUTHORITY." Page 25, after line 14, insert the following:" Page 9 of the committee report, line 14, strike "ONE HUNDRED" and 65 substitute "NINETY-FIVE"; line 16, strike "ONE HUNDRED" and substitute "NINETY-FIVE". 68

3 Senate Journal-Ninetieth Day-April 5, 2004 Page Appro- After consideration on the merits, the Committee recommends that SB be amended 3 priations as follows, and as so amended, be referred to the Committee of the Whole with favorable 4 recommendation. 56 Amend printed bill, page 2, after line 3, insert the following: 7 8 "SECTION 2. Section 2 of chapter 205, Session Laws of 9 Colorado 2003, as section 2 (1) (d) is amended and section 2 (1) (e) is 10 enacted by section 4 of House Bill and as section 2 (1) is 11 amended by section 10 of House Bill , enacted at the Second 12 Regular Session of the Sixty-fourth General Assembly, is amended to 13 read: Section 2. Appropriation - adjustments to the 2003 long bill. 16 (1) For the implementation of this act, appropriations made in the annual 17 general appropriation act to the department of health care policy and 18 financing for the fiscal year beginning July 1, 2003, shall be adjusted as 19 follows: 20 (a) The appropriation to the executive director's office, for 22 personal services, is increased by thirty-eight thousand seven hundred 23 ninety-seven dollars ($38,797) and 1.0 FTE. TWENTY-NINE THOUSAND 24 AND NINETY-SEVEN DOLLARS ($29,097) AND 0.7 FTE. Of said sum, 25 nineteen thousand three hundred ninety-nine dollars ($19,399) FOURTEEN 26 THOUSAND FIVE HUNDRED FORTY-NINE DOLLARS ($14,549) shall be from 27 the general fund and nineteen thousand three hundred ninety-eight dollars 28 ($19,398) FOURTEEN THOUSAND FIVE HUNDRED FORTY-EIGHT DOLLARS 29 ($14,548) shall be from federal funds (b) The appropriation to the executive director's office, for 32 operating expenses, is increased by seven thousand five hundred fifty-five 33 dollars ($7,555). FIVE THOUSAND SIX HUNDRED SIXTY-SIX DOLLARS 34 ($5,666). Of said sum, three thousand seven hundred seventy-eight 35 dollars ($3,778) TWO THOUSAND EIGHT HUNDRED THIRTY-THREE DOLLARS 36 ($2,833) shall be from the general fund and three thousand seven hundred 37 seventy-seven dollars ($3,777) TWO THOUSAND EIGHT HUNDRED THIRTY- 38 THREE DOLLARS ($2,833) shall be from federal funds (c) The appropriation for medical services premiums is decreased 41 by a total of one hundred eighty-five thousand two hundred twenty-four 42 dollars ($185,224). Of said sum, ninety-two thousand six hundred 43 twelve dollars ($92,612) shall be from the general fund and ninety-two 44 thousand six hundred twelve dollars ($92,612) shall be from federal 45 funds (d) The cash funds appropriation for medical services premiums 48 is increased by one hundred eighty-five thousand two hundred twenty- 49 four dollars ($185,224). The cash fund appropriation shall be from the 50 children's home- and community-based services cash fund created in 51 section (5), Colorado Revised Statutes (e) The appropriation to the department of human services 54 medicaid-funded programs, services for people with disabilities-medicaid 55 funding, services for families and children-medicaid funding, is decreased 56 by a total of nineteen thousand and eighty dollars ($19,080). Of said 57 sum, nine thousand five hundred forty dollars ($9,540) shall be from the 58 general fund and nine thousand five hundred forty dollars ($9,540) shall 59 be from federal funds (f) The appropriation to the department of human services 62 medicaid-funded programs services for people with disabilities-medicaid 63 funding, services for families and children-medicaid funding is increased 64 by nineteen thousand eighty dollars ($19,080) cash funds. The cash fund 65 appropriation shall be from the children's home- and community-based 66 services cash fund created in section (5), Colorado Revised 67 Statutes. 68

4 Page 718 Senate Journal-Ninetieth Day-April 5, 2004 (2) For the implementation of this act, appropriations made in the 1 annual general appropriation act for the fiscal year beginning July 1, , to the department of personnel and administration, finance and 3 procurement, collections services, for personal services, is increased by 4 twenty-five thousand four hundred ninety-nine dollars ($25,499) cash 5 funds. The cash funds appropriation shall be from the children's home- 6 and community-based services cash fund created in section (5), 7 Colorado Revised Statutes. 8 9 SECTION 3. Appropriation - adjustments in 2004 long bill. 10 (1) For the implementation of this act, appropriations made in the annual 11 general appropriation act to the department of health care policy and 12 financing for the fiscal year beginning July 1, 2004, shall be adjusted as 13 follows: (a) The appropriation to the executive director's office, for 16 personal services, is decreased by thirty-eight thousand seven hundred 17 ninety-seven dollars ($38,797) and 1.0 FTE. Of said sum, nineteen 18 thousand three hundred ninety-nine dollars ($19,399) shall be from the 19 general fund and nineteen thousand three hundred ninety-eight dollars 20 ($19,398) shall be from federal funds. 22 (b) The appropriation to the executive director's office, for 23 operating expenses, is decreased by seven thousand five hundred 24 fifty-five dollars ($7,555). Of said sum, three thousand seven hundred 25 seventy-eight dollars ($3,778) shall be from the general fund and three 26 thousand seven hundred seventy-seven dollars ($3,777) shall be from 27 federal funds (c) The appropriation for medical services premiums is increased 30 by a total of seven hundred forty thousand eight hundred ninety-six 31 dollars ($740,896). Of said sum, three hundred seventy thousand four 32 hundred forty-eight dollars ($370,448) shall be from the general fund and 33 three hundred seventy thousand four hundred forty-eight dollars 34 ($370,448) shall be from federal funds (d) The cash funds appropriation for medical services premiums 37 is decreased by seven hundred forty thousand eight hundred ninety-six 38 dollars ($740,896). The cash funds shall be from the children's home- and 39 community-based services cash fund created in section (5), 40 Colorado Revised Statutes (e) The appropriation to the department of human services 43 medicaid-funded programs, services for people with disabilities-medicaid 44 funding, services for families and children-medicaid funding, is increased 45 by a total of seventy-six thousand three hundred twenty dollars 46 ($76,320). Of said sum, thirty-eight thousand one hundred sixty dollars 47 ($38,160) shall be from the general fund and thirty-eight thousand one 48 hundred sixty dollars ($38,160) shall be from federal funds (f) The cash funds appropriation to the department of human 51 services medicaid-funded programs services for people with 52 disabilities-medicaid funding, services for families and children-medicaid 53 funding is decreased by seventy-six thousand three hundred twenty 54 dollars ($76,320). The cash funds shall be from the children's home- and 55 community-based services cash fund created in section (5), 56 Colorado Revised Statutes (2) For the implementation of this act, the appropriation made in 59 the annual general appropriation act for the fiscal year beginning July 1, , to the department of personnel and administration, finance and 61 procurement, collections services, for personal services, is decreased by 62 twenty-five thousand four hundred ninety-nine dollars ($25,499) cash 63 funds. The cash funds shall be from the children's home- and 64 community-based services cash fund created in section (5), 65 Colorado Revised Statutes." Renumber succeeding section accordingly. 68

5 Senate Journal-Ninetieth Day-April 5, 2004 Page 719 Page 1, line 105, strike "PROGRAM." and substitute "PROGRAM, AND 1 MAKING AN APPROPRIATION IN CONNECTION THEREWITH." Appro- After consideration on the merits, the Committee recommends that SB be amended 5 priations as follows, and as so amended, be referred to the Committee of the Whole with favorable 6 recommendation. 78 Amend printed bill, page 10, after line 1, insert the following: 9 10 "SECTION 16. Appropriation - Adjustments in 2004 long bill. 11 (1) For the implementation of this act, appropriations made in the annual 12 general appropriation act to the department of agriculture for the fiscal 13 year beginning July 1, 2004, shall be adjusted as follows: (a) The general fund appropriation to the commissioner's office 16 and administrative services is reduced by one hundred twenty-one 17 thousand twenty-eight dollars ($1,028) (b) The cash funds appropriation to the commissioner's office and 20 administrative services is increased by two hundred sixty-six thousand four hundred fifty-nine dollars ($266,459). Said sum shall be from the 22 racing cash fund pursuant to section , Colorado Revised 23 Statutes (c) The cash funds exempt appropriation to the commissioner's 26 office and administrative services is increased by one hundred twenty-one 27 thousand twenty-eight dollars ($1,028). This sum shall be transferred 28 from the division of racing events in part (d) of this subsection (1) (d) The cash funds appropriation to the division of racing events 31 for indirect cost assessment is increased by one hundred twenty-one 32 thousand twenty-eight dollars ($1,028). Said sum shall be from the 33 racing cash fund pursuant to section , Colorado Revised 34 Statutes (e) The cash funds appropriation to the division of racing events 37 for personal services shall be increased by one million four hundred 38 forty-four thousand four hundred fifty-two dollars ($1,444,452) and FTE. Said sum shall be from the racing cash fund pursuant to section , Colorado Revised Statutes (f) The cash funds appropriation to the division of racing events 43 for operating expenses shall be increased by ninety-seven thousand eight 44 hundred forty-five dollars ($97,845). Said sum shall be from the racing 45 cash fund pursuant to section , Colorado Revised Statutes (g) The cash funds appropriation to the division of racing events 48 for laboratory services shall be increased by one hundred four thousand 49 nine hundred ninety-two dollars ($104,992). Said sum shall be from the 50 racing cash fund pursuant to section , Colorado Revised 51 Statutes (h) The cash funds appropriation to the division of racing events 54 for commission meeting costs shall be increased by one thousand two 55 hundred dollars ($1,200). Said sum shall be from the racing cash fund 56 pursuant to section , Colorado Revised Statutes (i) The cash funds appropriation to the division of racing events 59 for racetrack applications shall be increased by twenty-five thousand 60 dollars ($25,000). Said sum shall be from application fees paid pursuant 61 to section , Colorado Revised Statutes (j) The cash funds appropriation to the division of racing events 64 for purse and breeders awards shall be increased by one million one 65 hundred six thousand one hundred forty-two dollars ($1,106,142). Said 66 sum shall be from the horse breeders' and owners' awards and 67 supplemental purse fund pursuant to section , Colorado 68 Revised Statutes.

6 Page 720 Senate Journal-Ninetieth Day-April 5, 2004 (2) For the implementation of this act, appropriations made in the 1 annual general appropriation act to the department of revenue for the 2 fiscal year beginning July 1, 2004, shall be adjusted as follows: 3 4 (a) The general fund appropriation to the executive director's 5 office is increased by sixty-seven two hundred fifteen dollars ($67,5). 6 7 (b) The cash funds appropriation to the executive director's office 8 is reduced by three hundred thirty-three thousand six hundred seventy- 9 four dollars ($333,674). Said sum shall be from the racing cash fund 10 pursuant to section , Colorado Revised Statutes (c) The general fund appropriation to the cash and document 13 processing division is increased by fourteen thousand two-hundred 14 seventy-seven dollars ($14,277) (d) The cash funds appropriation to the cash and document 17 processing division is reduced by fourteen thousand two-hundred 18 seventy-seven dollars ($14,277). Said sum shall be from the racing cash 19 fund pursuant to section , Colorado Revised Statutes. 20 (e) The general fund appropriation to the information technology 22 division is increased by sixty-three thousand six hundred eighty-five 23 dollars ($63,685) (f) The cash funds appropriation to the information technology 26 division is decreased by sixty-three thousand six hundred eighty-five 27 dollars ($63,685). Said sum shall be from the racing cash fund pursuant 28 to section , Colorado Revised Statutes (g) The general fund appropriation to the enforcement business 31 group, administration section, is increased by seven thousand three 32 hundred forty-one dollars ($7,341) (h) The cash funds appropriation to the enforcement business 35 group, administration section, from the auto dealer license fund pursuant 36 to section , Colorado Revised Statutes, is increased by twenty- 37 two thousand two hundred thirty-three dollars ($22,233) (i) The cash funds appropriation to the enforcement business 40 group, administration section, from the liquor enforcement division and 41 state licensing authority cash fund pursuant to section , 42 Colorado Revised Statutes, is increased by nineteen thousand nine 43 hundred twenty-five dollars ($19,925) (j) The cash funds exempt appropriation to the enforcement 46 business group, administration section, from the racing cashing fund 47 pursuant to section , Colorado Revised Statutes, is decreased 48 by eighty-one thousand four hundred ninety-three dollars ($81,943) (k) The cash funds exempt appropriation to the enforcement 51 business group, administration section, from the drivers' license 52 administrative revocation account pursuant to section (4) (b), 53 Colorado Revised Statutes, is increased by twenty-five thousand one 54 hundred sixty-eight dollars ($25,168) (l) The cash funds exempt appropriation to the enforcement 57 business group, administration section, from the limited gaming fund 58 pursuant to section , Colorado Revised Statutes, is increased 59 by seven thousand two hundred seventy-six dollars ($7,276) (m) The cash funds appropriation to the enforcement business 62 group, limited gaming division, indirect cost assessment, shall be 63 increased by seven thousand two hundred seventy-six dollars ($7,276). 64 Said sum shall be from the limited gaming fund pursuant to section , Colorado Revised Statutes (n) The cash funds appropriation to the division of racing events 68 for personal services shall be decreased by one million four hundred

7 Senate Journal-Ninetieth Day-April 5, 2004 Page 7 forty-four thousand four hundred fifty-two dollars ($1,444,452) and FTE. Said sum shall be from the racing cash fund pursuant to section , Colorado Revised Statutes. 3 4 (o) The cash funds appropriation to the division of racing events 5 for operating expenses shall be decreased by ninety-seven thousand eight 6 hundred forty-five dollars ($97,845). Said sum shall be from the racing 7 cash fund pursuant to section , Colorado Revised Statutes. 8 9 (p) The cash funds appropriation to the division of racing events 10 for laboratory services shall be decreased by one hundred four thousand 11 nine hundred ninety-two dollars ($104,992). Said sum shall be from the 12 racing cash fund pursuant to section , Colorado Revised 13 Statutes (q) The cash funds appropriation to the division of racing events 16 for commission meeting costs shall be decreased by one thousand two 17 hundred dollars ($1,200). Said sum shall be from the racing cash fund 18 pursuant to section , Colorado Revised Statutes (r) The cash funds appropriation to the division of racing events racetrack applications shall be decreased by twenty-five thousand dollars 22 ($25,000). Said sum shall be from application fees paid pursuant to 23 section , Colorado Revised Statutes (s) The cash funds appropriation to the division of racing events 26 for purse and breeders awards shall be decreased by one million one 27 hundred six thousand one hundred forty-two dollars ($1,106,142). Said 28 sum shall be from the horse breeders' and owners' awards and 29 supplemental purse fund pursuant to section , Colorado 30 Revised Statutes." Renumber succeeding sections accordingly Page 1, line 103, strike "AGRICULTURE." and substitute "AGRICULTURE, 35 AND MAKING AN APPROPRIATION THEREFOR." Appro- After consideration on the merits, the Committee recommends that SB be 39 priations postponed indefinitely Appro- After consideration on the merits, the Committee recommends that SB be amended 43 priations as follows, and as so amended, be referred to the Committee of the Whole with favorable 44 recommendation Amend printed bill, page 3, after line 13, insert the following: "(5) (a) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT NO 49 GENERAL FUND MONEYS BE APPROPRIATED FOR THE PURPOSES OF 50 IMPLEMENTING THIS SECTION (b) THE STATE AUDITOR IS AUTHORIZED TO ACCEPT GIFTS, GRANTS, 53 OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF 54 THIS SECTION. ALL PRIVATE AND PUBLIC FUNDS RECEIVED THROUGH 55 GIFTS, GRANTS, OR DONATIONS SHALL BE TRANSMITTED TO THE STATE 56 TREASURER, WHO SHALL CREDIT THE SAME TO THE SCHOOL DISTRICT PILOT 57 EFFICIENCY REVIEW FUND, WHICH FUND IS HEREBY CREATED AND 58 REFERRED TO IN THIS SECTION AS THE "FUND". THE MONEYS IN THE FUND 59 SHALL BE SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY FOR 60 THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE IMPLEMENTATION 61 OF THIS SECTION. ANY MONEYS IN THE FUND NOT EXPENDED FOR THE 62 PURPOSE OF THIS SECTION MAY BE INVESTED BY THE STATE TREASURER AS 63 PROVIDED BY LAW. ALL INTEREST AND INCOME DERIVED FROM THE 64 INVESTMENT AND DEPOSIT OF MONEYS IN THE FUND SHALL BE CREDITED 65 TO THE FUND. ANY UNEXPENDED AND UNENCUMBERED MONEYS 66 REMAINING IN THE FUND AT THE END OF A FISCAL YEAR SHALL REMAIN IN 67 THE FUND AND SHALL NOT BE CREDITED OR TRANSFERRED TO THE 68 GENERAL FUND OR ANOTHER FUND. ALL UNEXPENDED AND

8 Page 722 Senate Journal-Ninetieth Day-April 5, 2004 UNENCUMBERED MONEYS REMAINING IN THE FUND AS OF SEPTEMBER 1, , SHALL BE TRANSFERRED TO THE GENERAL FUND."; 2 3 line 14, strike "(5)" and substitute "(6)"; 4 5 after line 14, insert the following: 6 7 "SECTION 2. Appropriation. In addition to any other 8 appropriation, there is hereby appropriated, to the legislative department, 9 for allocation to the state auditor's office, for the fiscal year beginning 10 July 1, 2004, the sum of one hundred thousand dollars ($100,000), or so 11 much thereof as may be necessary, for the implementation of this act. 12 Said sum shall be cash funds exempt from the school district pilot 13 efficiency review fund, created in section (5) (b), Colorado 14 Revised Statutes." Renumber succeeding section accordingly Page 1, line 103, strike "DISTRICTS." and substitute "DISTRICTS, AND 19 MAKING AN APPROPRIATION." Appro- After consideration on the merits, the Committee recommends that SB be 23 priations postponed indefinitely MESSAGE FROM THE REVISOR OF STATUTES April 2, We herewith transmit: Without comment, HB , 1413, 1415, 1416, 1417, 1419, and Without comment, as amended, HB , 14, and With comment, as amended, HB INTRODUCTION OF RESOLUTION The following resolution was read by title: SJR by Senator(s) Andrews; also Representative(s) Spradley--Concerning academic freedom in 44 higher education. 45 Laid over one day under Senate Rule 30(b) INTRODUCTION OF BILLS--FIRST READING The following bills were read by title and referred to the committees indicated: SB04-2 by Senator(s) Taylor; --Concerning the authority of a metropolitan district to exercise 54 specified enforcement activities of other entities within the boundaries of the district. 55 Local Government SB by Senator(s) Entz; also Representative(s) Smith--Concerning the authority of the state 58 engineer to administer underground water use in water division 3, and, in connection 59 therewith, protecting senior water rights, preventing unreasonable underground water level 60 declines, maintaining sustainable underground water supplies, and encouraging the use of 61 ground water management subdistricts in water division Agriculture, Natural Resources & Energy HB by Representative(s) King; also Senator(s) Anderson--Concerning the financing of public 65 schools, and making an appropriation therefor. 66 Education 67 68

9 Senate Journal-Ninetieth Day-April 5, 2004 Page 723 HB by Representative(s) Young, Plant, Witwer; also Senator(s) Owen, Reeves, Teck-- 1 Concerning transfers of money related to capital construction. 2 Appropriations 3 4 HB by Representative(s) Plant, Witwer, Young; also Senator(s) Teck, Owen, Reeves-- 5 Concerning the surcharge collected on documents received by a county clerk and recorder 6 that is used for the purpose of defraying the costs of providing electronic filing capabilities. 7 Appropriations 8 9 HB by Representative(s) Young, Plant, Witwer; also Senator(s) Reeves, Owen, Teck-- 10 Concerning changes to reimbursements of nursing facilities, and, in connection therewith, 11 repealing the nursing facility provider fee and quality of care grant program and making an 12 appropriation. 13 Appropriations HB by Representative(s) Witwer, Plant, Young; also Senator(s) Owen, Reeves, Teck-- 16 Concerning the elimination of the requirement to use general fund moneys for the breast 17 and cervical cancer prevention and treatment program in state fiscal year , and 18 making an appropriation therefor. 19 Appropriations 20 HB by Representative(s) Witwer, Plant, Young; also Senator(s) Reeves, Owen, Teck-- 22 Concerning the transfer of moneys in the Colorado heritage communities fund to the general 23 fund. 24 Appropriations HB by Representative(s) Plant, Witwer, Young; also Senator(s) Teck, Owen, Reeves-- 27 Concerning the quarterly payment of specified assistance grants to individuals for certain 28 programs administered by the executive director of the department of revenue, and making 29 an appropriation therefor. 30 Appropriations HB by Representative(s) Witwer, Plant, Young; also Senator(s) Teck, Owen, Reeves-- 33 Concerning a requirement that private prison contractors reimburse the state only for 34 monitoring costs associated with monitoring out-of-state inmates with a corresponding 35 reduction in the private prison reimbursement rate from $50.37 per inmate per day to $ per inmate per day, and making an appropriation in connection therewith. 37 Appropriations HB by Representative(s) Young, Plant, Witwer; also Senator(s) Owen, Reeves, Teck-- 40 Concerning the fiscal policy of the state for the state fiscal year in relation to the 41 statutorily required general fund reserve. 42 Appropriations HB04-14 by Representative(s) Witwer, Plant, Young; also Senator(s) Teck, Owen, Reeves-- 45 Concerning the allocation of tobacco settlement moneys received by the state, and making 46 an appropriation therefor. 47 Appropriations HB by Representative(s) Young, Witwer, Plant; also Senator(s) Owen, Teck, Reeves-- 50 Concerning the provision for payment of the expenses of the executive, legislative, and 51 judicial departments of the state of Colorado, and of its agencies and institutions, for and 52 during the fiscal year beginning July 1, 2004, except as otherwise noted. 53 Appropriations THIRD READING--FINAL PASSAGE OF BILLS On Third Reading, the titles of the following bills were publicly read, the reading at length 60 having been dispensed with by unanimous consent: HB by Representative(s) Hall, May M., Crane, Fairbank, Lundberg, Mitchell, Rose, Williams 63 S., Williams T.; also Senator(s) Jones--Concerning the election of school district directors 64 from director districts The question being "Shall the bill pass?", the roll call was taken with the following result: 67 68

10 Page 724 Senate Journal-Ninetieth Day-April 5, 2004 YES 34 NO 0 EXCUSED 1 ABSENT 0 1 Anderson Y Groff Y Kester Y Takis Y 2 Arnold Y Grossman Y Lamborn Y Tapia Y 3 Cairns Y Hagedorn Y May Y Taylor Y 4 Chlouber Y Hanna Y McElhany Y Teck Y 5 Dyer Y Hillman Y Nichol Y Tupa Y 6 Entz E Isgar Y Owen Y Veiga Y 7 Evans Y Johnson Y Phillips Y Windels Y 8 Fitz-Gerald Y Jones Y Reeves Y Mr. President Y A majority of all members elected to the Senate having voted in the affirmative, the bill 12 was declared passed HB by Representative(s) Sinclair, Coleman, Johnson R., Larson, May M., McCluskey, Rose, 16 Weddig; also Senator(s) Lamborn--Concerning reporting requirements reviewed by the 17 state, veterans, and military affairs committees of the general assembly pursuant to 18 Colorado's "Information Coordination Act" The question being "Shall the bill pass?", the roll call was taken with the following result: 22 YES 34 NO 0 EXCUSED 1 ABSENT 0 23 Anderson Y Groff Y Kester Y Takis Y 24 Arnold Y Grossman Y Lamborn Y Tapia Y 25 Cairns Y Hagedorn Y May Y Taylor Y 26 Chlouber Y Hanna Y McElhany Y Teck Y 27 Dyer Y Hillman Y Nichol Y Tupa Y 28 Entz E Isgar Y Owen Y Veiga Y 29 Evans Y Johnson Y Phillips Y Windels Y 30 Fitz-Gerald Y Jones Y Reeves Y Mr. President Y A majority of all members elected to the Senate having voted in the affirmative, the bill 34 was declared passed Co-sponsors added: Taylor SB by Senator(s) Anderson; also Representative(s) Coleman--Concerning the administration of 40 the state-supervised lottery program The question being "Shall the bill pass?", the roll call was taken with the following result: YES 34 NO 0 EXCUSED 1 ABSENT 0 45 Anderson Y Groff Y Kester Y Takis Y 46 Arnold Y Grossman Y Lamborn Y Tapia Y 47 Cairns Y Hagedorn Y May Y Taylor Y 48 Chlouber Y Hanna Y McElhany Y Teck Y 49 Dyer Y Hillman Y Nichol Y Tupa Y 50 Entz E Isgar Y Owen Y Veiga Y 51 Evans Y Johnson Y Phillips Y Windels Y 52 Fitz-Gerald Y Jones Y Reeves Y Mr. President Y A majority of all members elected to the Senate having voted in the affirmative, the bill 56 was declared passed Co-sponsors added: Andrews and McElhany HB by Representative(s) Hefley; also Senator(s) Dyer--Concerning changes to the procedural 62 criminal laws The question being "Shall the bill pass?", the roll call was taken with the following result:

11 Senate Journal-Ninetieth Day-April 5, 2004 Page YES 34 NO 0 EXCUSED 1 ABSENT 0 2 Anderson Y Groff Y Kester Y Takis Y 3 Arnold Y Grossman Y Lamborn Y Tapia Y 4 Cairns Y Hagedorn Y May Y Taylor Y 5 Chlouber Y Hanna Y McElhany Y Teck Y 6 Dyer Y Hillman Y Nichol Y Tupa Y 7 Entz E Isgar Y Owen Y Veiga Y 8 Evans Y Johnson Y Phillips Y Windels Y 9 Fitz-Gerald Y Jones Y Reeves Y Mr. President Y A majority of all members elected to the Senate having voted in the affirmative, the bill 13 was declared passed Co-sponsors added: Grossman HB by Representative(s) Spence; also Senator(s) Kester--Concerning matters related to 19 evaluations by the state board of parole of persons seeking parole. 20 The question being "Shall the bill pass?", the roll call was taken with the following result: YES 34 NO 0 EXCUSED 1 ABSENT 0 24 Anderson Y Groff Y Kester Y Takis Y 25 Arnold Y Grossman Y Lamborn Y Tapia Y 26 Cairns Y Hagedorn Y May Y Taylor Y 27 Chlouber Y Hanna Y McElhany Y Teck Y 28 Dyer Y Hillman Y Nichol Y Tupa Y 29 Entz E Isgar Y Owen Y Veiga Y 30 Evans Y Johnson Y Phillips Y Windels Y 31 Fitz-Gerald Y Jones Y Reeves Y Mr. President Y A majority of all members elected to the Senate having voted in the affirmative, the bill 35 was declared passed Co-sponsors added: Arnold, Chlouber, Groff, and Tapia HB by Representative(s) Hefley; also Senator(s) Dyer--Concerning nonsubstantive changes to 41 statutory provisions identifying crimes that pose an extraordinary risk of harm to society The question being "Shall the bill pass?", the roll call was taken with the following result: YES 34 NO 0 EXCUSED 1 ABSENT 0 46 Anderson Y Groff Y Kester Y Takis Y 47 Arnold Y Grossman Y Lamborn Y Tapia Y 48 Cairns Y Hagedorn Y May Y Taylor Y 49 Chlouber Y Hanna Y McElhany Y Teck Y 50 Dyer Y Hillman Y Nichol Y Tupa Y 51 Entz E Isgar Y Owen Y Veiga Y 52 Evans Y Johnson Y Phillips Y Windels Y 53 Fitz-Gerald Y Jones Y Reeves Y Mr. President Y A majority of all members elected to the Senate having voted in the affirmative, the bill 57 was declared passed SB04-6 by Senator(s) Lamborn; also Representative(s) Cloer--Concerning limitations on the use of 61 credit information for the purposes of personal lines of property and casualty insurance 62 rating, and, in connection therewith, substantially adopting the provisions of the National 63 Conference of Insurance Legislators model for uses of credit information for personal lines 64 of property and casualty insurance The question being "Shall the bill pass?", the roll call was taken with the following result: 67 68

12 Page 726 Senate Journal-Ninetieth Day-April 5, 2004 YES 34 NO 0 EXCUSED 1 ABSENT 0 1 Anderson Y Groff Y Kester Y Takis Y 2 Arnold Y Grossman Y Lamborn Y Tapia Y 3 Cairns Y Hagedorn Y May Y Taylor Y 4 Chlouber Y Hanna Y McElhany Y Teck Y 5 Dyer Y Hillman Y Nichol Y Tupa Y 6 Entz E Isgar Y Owen Y Veiga Y 7 Evans Y Johnson Y Phillips Y Windels Y 8 Fitz-Gerald Y Jones Y Reeves Y Mr. President Y A majority of all members elected to the Senate having voted in the affirmative, the bill 12 was declared passed Co-sponsors added: Keller, Tupa, and Veiga HB by Representative(s) Fairbank; also Senator(s) Kester--Concerning alternative loan charges 17 by supervised lenders for small loans The question being "Shall the bill pass?", the roll call was taken with the following result: 20 YES 33 NO 1 EXCUSED 1 ABSENT 0 22 Anderson Y Groff Y Kester Y Takis Y 23 Arnold N Grossman Y Lamborn Y Tapia Y 24 Cairns Y Hagedorn Y May Y Taylor Y 25 Chlouber Y Hanna Y McElhany Y Teck Y 26 Dyer Y Hillman Y Nichol Y Tupa Y 27 Entz E Isgar Y Owen Y Veiga Y 28 Evans Y Johnson Y Phillips Y Windels Y 29 Fitz-Gerald Y Jones Y Reeves Y Mr. President Y A majority of all members elected to the Senate having voted in the affirmative, the bill 33 was declared passed HB by Representative(s) Williams T.; also Senator(s) Kester--Concerning statutory provisions 36 governing limited liability companies contained in title 7 of the Colorado Revised Statutes The question being "Shall the bill pass?", the roll call was taken with the following result: YES 34 NO 0 EXCUSED 1 ABSENT 0 41 Anderson Y Groff Y Kester Y Takis Y 42 Arnold Y Grossman Y Lamborn Y Tapia Y 43 Cairns Y Hagedorn Y May Y Taylor Y 44 Chlouber Y Hanna Y McElhany Y Teck Y 45 Dyer Y Hillman Y Nichol Y Tupa Y 46 Entz E Isgar Y Owen Y Veiga Y 47 Evans Y Johnson Y Phillips Y Windels Y 48 Fitz-Gerald Y Jones Y Reeves Y Mr. President Y A majority of all members elected to the Senate having voted in the affirmative, the bill 52 was declared passed HB by Representative(s) Spence; also Senator(s) Arnold--Concerning reports to the education 55 committees of the general assembly pursuant to Colorado's "Information Coordination Act" The question being "Shall the bill pass?", the roll call was taken with the following result: YES 34 NO 0 EXCUSED 1 ABSENT 0 60 Anderson Y Groff Y Kester Y Takis Y 61 Arnold Y Grossman Y Lamborn Y Tapia Y 62 Cairns Y Hagedorn Y May Y Taylor Y 63 Chlouber Y Hanna Y McElhany Y Teck Y 64 Dyer Y Hillman Y Nichol Y Tupa Y 65 Entz E Isgar Y Owen Y Veiga Y 66 Evans Y Johnson Y Phillips Y Windels Y 67 Fitz-Gerald Y Jones Y Reeves Y Mr. President Y 68

13 Senate Journal-Ninetieth Day-April 5, 2004 Page A majority of all members elected to the Senate having voted in the affirmative, the bill 2 was declared passed. 3 4 HB by Representative(s) Crane; also Senator(s) Arnold--Concerning the statutory designation of 5 the boundaries of the city and county of Broomfield, and, in connection therewith, 6 excluding areas of the city and county of Broomfield from the counties of Adams, Jefferson, 7 Boulder, and Weld. 8 9 The question being "Shall the bill pass?", the roll call was taken with the following result: YES 34 NO 0 EXCUSED 1 ABSENT 0 12 Anderson Y Groff Y Kester Y Takis Y 13 Arnold Y Grossman Y Lamborn Y Tapia Y 14 Cairns Y Hagedorn Y May Y Taylor Y 15 Chlouber Y Hanna Y McElhany Y Teck Y 16 Dyer Y Hillman Y Nichol Y Tupa Y 17 Entz E Isgar Y Owen Y Veiga Y 18 Evans Y Johnson Y Phillips Y Windels Y 19 Fitz-Gerald Y Jones Y Reeves Y Mr. President Y A majority of all members elected to the Senate having voted in the affirmative, the bill 23 was declared passed Co-sponsors added: Tupa APPOINTMENTS TO CONFERENCE COMMITTEE SB by Senator(s) Jones, Groff, Johnson S.; also Representative(s) Marshall--Concerning 32 modifications to the procedures for handling an employment discrimination complaint filed 33 by an employee in the state personnel system The President appointed Senators Jones, Chairman, Evans, and Veiga as Senate Conferees 36 on the First Conference Committee on SB MESSAGE FROM THE GOVERNOR April 1, To the Honorable Senate 45 Sixty-fourth General Assembly 46 Second Regular Session 47 Denver, CO Ladies and Gentlemen: I have the honor to inform you that I have approved and filed with the Secretary of State 52 the following act: S.B Concerning The Annual Fiscal Requirements For A Local 55 Government To Qualify For An Exemption From A Local Government Audit Approved April 1, 2004 at 8:15 PM S.B Concerning Crimes That Make An Inmate Ineligible For 60 Participation In The Regimented Inmate Training Program Approved April 1, 2004 at 8:16 PM S.B Concerning Authorization Of An Owner Of A Retail Gaming 65 Tavern To Own An Interest In A Hotel And Restaurant Establishment Licensed 66 To Sell Alcohol Beverages Approved April 1, 2004 at 8:16 PM.

14 Page 728 Senate Journal-Ninetieth Day-April 5, 2004 S.B Concerning The Elimination Of Obsolete Provisions Of Law Approved April 1, 2004 at 8:16 PM. 4 5 S.B Concerning Public Employee Retirement Plans. 6 7 Approved April 1, 2004 at 8:17 PM. 8 9 S.B Concerning The Repeal Of Family Law Magistrates Approved April 1, 2004 at 8:20 PM S.B Concerning The Modification Of Certain Requirements For 14 Contractors That Are Awarded Construction Contracts For Public Projects Approved April 1, 2004 at 8: PM S.B Concerning Limitations On The Employment Of Sex Offenders 19 In Facilities For The Confinement Of Persons. 20 Approved April 1, 2004 at 8:24 PM S.B Concerning Tests To Determine The Blood Alcohol Content 24 Level Of A Driver Approved April 1, 2004 at 8:25 PM Sincerely, 29 (signed) 30 Bill Owens 31 Governor 32 Rec'd :55 p.m. 33 Mona Heustis, Secretary of the Senate MESSAGE FROM THE GOVERNOR Appointment A letter of designation and appointment from Governor Owens was read and assigned to 42 Committee as follows: March 23, To the Honorable 47 Colorado Senate 48 Colorado General Assembly 49 State Capitol Building 50 Denver, CO Ladies and Gentlemen: Pursuant to the powers conferred upon me by the Constitution and Laws of the State of 55 Colorado, I have the honor to designate, appoint, and submit to your consideration, the 56 following: EXECUTIVE DIRECTOR OF THE 59 COLORADO COMMISSION ON HIGHER EDUCATION for a term expiring at the pleasure of the Governor: Richard F. O Donnell of Golden, Colorado, appointed Sincerely, 66 (signed) 67 Bill Owens 68 Governor

15 Senate Journal-Ninetieth Day-April 5, 2004 Page 729 Rec d: 3/30/04 1 Renee White 2 Calendar Clerk 3 4 Committee on Education SIGNING OF BILLS--RESOLUTIONS--MEMORIALS 9 10 The President has signed: HB SENATE SERVICES REPORTS Correctly Printed: SCR Correctly Engrossed: SB and Correctly Reengrossed: SB Correctly Revised: HB , 1380, 1384, 1387, 1388, 1394, 1395, 1399 and Correctly Enrolled: SB04-029, 057, 083, and Senate in recess Senate reconvened On motion of Senator Hillman, and with a majority of those elected to the Senate having 30 voted in the affirmative, the balance of the calendar of April 5, 2004, was laid over until 31 Tuesday, April 6, 2004, retaining its place on the calendar General Orders--Second Reading: HB , SB as amended, HB Consideration of Resolutions: SJR04-011, SJR04-013, SJR04-014, SJR04-022, 35 SJR04-010, HJR , SJR04-017, SJR04-028, HJR , SJR Consideration of House Amendments to Senate Bills: SB04-108, SB04-137, SB04-115, 37 SB04-125, SB04-105, SB04-024, SB04-094, SB04-045, SB Consideration of Governor's Appointments: 39 Members of the Water Quality Control Commission. 40 Consideration of Conference Committee Reports: HB , HB Conference Committees to Report: HB , SB04-082, HB , HB Requests for Conference Committee: HB On motion of Senator Hillman, the Senate adjourned until 9:00 a.m., Tuesday, April 6, Approved: John Andrews 55 President of the Senate Attest: Mona Heustis 62 Secretary of the Senate 63 64