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					              Senate Journal-114th Day-May 6, 2010                                        Page 1247


              SENATE JOURNAL                                                                           1
              Sixty-seventh General Assembly                                                           2
              STATE OF COLORADO                                                                        3
              Second Regular Session                                                                   4
                                                                                                       5
                                                                                                       6
              114th Legislative Day                                              Thursday, May 6, 2010 7
                                                                                                       8
                                                                                                       9
                                                                                                      10
Prayer        By the chaplain, Reverend Paul Kottke, University Park United Methodist Church,         11
              Denver.                                                                                 12
                                                                                                      13
Call to       By the President at 9:00 a.m.                                                           14
Order                                                                                                 15
                                                                                                      16
Pledge        By Senator Tochtrop.                                                                    17
                                                                                                      18
Roll Call     Present--34.                                                                            19
              Absent--1, Penry.                                                                       20
              Present later--1, Penry.                                                                21
                                                                                                      22
Quorum        The President announced a quorum present.                                               23
                                                                                                      24
Reading of    On motion of Senator Foster, reading of the Journal of Wednesday, May 5, 2010, was      25
Journal       dispensed with and the Journal was approved as corrected by the Secretary.              26
                                                                                                      27
                                              ___________                                             28
                                                                                                      29
                            COMMITTEE OF REFERENCE REPORTS                                            30
                                                                                                      31
                                                                                                      32
State,        After consideration on the merits, the Committee recommends that SB10-216 be referred 33
Veterans, &   to the Committee of the Whole with favorable recommendation.                            34
Military                                                                                              35
Affairs                                                                                               36
                                                                                                      37
Judiciary     The Committee on Judiciary has had under consideration and has had a hearing on the     38
              following appointment and recommends that the appointment be confirmed:                 39
                                                                                                      40
                                                   MEMBER OF THE                                      41
                              COLORADO COMMISSION ON JUDICIAL DISCIPLINE                              42
                                                                                                      43
              for a term expiring on June 30, 2011:                                                   44
                                                                                                      45
              Norma V. Anderson of Lakewood.                                                          46
                                                                                                      47
                                                                                                      48
Judiciary     The Committee on Judiciary has had under consideration and has had a hearing on the     49
              following appointment and recommends that the appointment be confirmed:                 50
                                                                                                      51
                                                   MEMBER OF THE                                      52
                                             JUVENILE PAROLE BOARD                                    53
                                                                                                      54
              for a term expiring at the pleasure of the Governor:                                    55
                                                                                                      56
              Michael A. Gallegos of Thornton, Colorado, to fill the vacancy occasioned by the        57
              resignation of Charles F. DeSaussure of Colorado Springs, Colorado, and to serve as a   58
              representative of the Colorado Department of Human Services, appointed.                 59
                                                                                                      60
                                                                                                      61
Judiciary     After consideration on the merits, the Committee recommends that HB10-1422 be           62
              amended as follows, and as so amended, be referred to the Committee of the Whole with 63
              favorable recommendation.                                                               64
                                                                                                      65
                       Amend reengrossed bill, page 98, line 9, strike "STATE medical                 66
                   services board." and substitute "medical services board STATE                      67
Page 1248   Senate Journal-114th Day-May 6, 2010


                DEPARTMENT.".                                                                        1
                                                                                                     2
                Page 120, after line 3 insert:                                                       3
                                                                                                     4
                      "(b) Section 185 of this act shall not take effect if House Bill               5
                10-1019 is enacted and becomes law.".                                                6
                                                                                                     7
                Reletter succeeding paragraphs accordingly.                                          8
                                                                                                     9
                                                                                                    10
Judiciary   After consideration on the merits, the Committee recommends that HB10-1413 be amended   11
            as follows, and as so amended, be referred to the Committee on Appropriations with      12
            favorable recommendation.                                                               13
                                                                                                    14
            Amend reengrossed bill, page 3, line 9, strike "A DELINQUENT ACT THAT".                 15
                                                                                                    16
            Page 3, line 10, strike "CONSTITUTES".                                                  17
                                                                                                    18
            Page 4, strike lines 4 through 11 and substitute:                                       19
                                                                                                    20
                "(c) THE JUVENILE IS FOURTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE              21
            COMMISSION OF THE ALLEGED OFFENSE, HAS ALLEGEDLY COMMITTED A FELONY, AND HAS            22
            PREVIOUSLY BEEN SUBJECT TO PROCEEDINGS IN DISTRICT COURT AS A RESULT OF A DIRECT        23
            FILING PURSUANT TO THIS SECTION OR A TRANSFER PURSUANT TO SECTION 19-2-518; EXCEPT      24
            THAT:                                                                                   25
                                                                                                    26
               (I) IF THE JUVENILE IS FOUND NOT GUILTY IN DISTRICT COURT OF THE PRIOR FELONY OR     27
            ANY LESSER INCLUDED OFFENSE, THE SUBSEQUENT CHARGE SHALL BE REMANDED BACK TO            28
            THE JUVENILE COURT; AND                                                                 29
                                                                                                    30
               (II) IF THE JUVENILE IS CONVICTED IN DISTRICT COURT IN THE PRIOR CASE OF A LESSER    31
            INCLUDED OR NONENUMERATED OFFENSE FOR WHICH CRIMINAL CHARGES COULD NOT HAVE             32
            BEEN ORIGINALLY FILED BY INFORMATION OR INDICTMENT IN THE DISTRICT COURT PURSUANT       33
            TO THIS SECTION, THE SUBSEQUENT CHARGE MAY BE REMANDED BACK TO THE JUVENILE             34
            COURT.".                                                                                35
                                                                                                    36
Judiciary   After consideration on the merits, the Committee recommends that HB10-1357 be amended   37
            as follows, and as so amended, be referred to the Committee on Finance with favorable   38
            recommendation.                                                                         39
                                                                                                    40
                Amend reengrossed bill, page 5, strike lines 1 through 4.                           41
                                                                                                    42
                Renumber succeeding subsections accordingly.                                        43
                                                                                                    44
                Page 5, strike lines 9 through 21.                                                  45
                                                                                                    46
                Page 7, strike line 6 and substitute "FINDS THAT:".                                 47
                                                                                                    48
                Page 11, line 10, after "(3)," insert "THE FEDERAL FALSE CLAIMS ACT, OR             49
                ANY SIMILAR PROVISION OF THE LAWS OF ANY OTHER STATE,".                             50
                                                                                                    51
                Page 12, strike lines 24 through 27 and substitute "CONDUCT        THE              52
                ACTION.".                                                                           53
                                                                                                    54
                Page 13, strike lines 1 through 3.                                                  55
                                                                                                    56
                Page 13, line 4, strike "OVER THE ACTION.".                                         57
                                                                                                    58
                Page 17, line 23, strike "INTIMIDATED, SUED, DEFAMED,".                             59
                                                                                                    60
                Page 17, line 25, strike "EMPLOYMENT, CONTRACT, BUSINESS, OR" and                   61
                substitute "EMPLOYMENT".                                                            62
                                                                                                    63
                Page 17, line 26, strike "PROFESSION".                                              64
                                                                                                    65
                Page 18, strike lines 3 through 27.                                                 66
                                                                                                    67
Senate Journal-114th Day-May 6, 2010                                               Page 1249


    Page 19, strike lines 1 through 17.                                                         1
                                                                                                2
    Page 19, line 18, strike "(II)" and substitute "(b) (I)".                                   3
                                                                                                4
    Page 19, line 24, after "PAY;" insert "AND".                                                5
                                                                                                6
    Page 19, strike lines 25 through 27.                                                        7
                                                                                                8
    Page 20, strike lines 1 through 4.                                                          9
                                                                                               10
    Page 20, line 5, strike "(C)" and substitute "(B)".                                        11
                                                                                               12
    Page 20, line 8, strike "(III)" and substitute "(II)".                                     13
                                                                                               14
    Page 20, strike lines 10 through 27.                                                       15
                                                                                               16
    Strike page 21.                                                                            17
                                                                                               18
    Page 22, strike lines 1 through 22.                                                        19
                                                                                               20
    Page 45, after line 7 insert:                                                              21
                                                                                               22
           "24-116-109. False claims report. (1) ON OR BEFORE JANUARY                          23
    15, 2012, AND ON OR BEFORE JANUARY 15 EACH YEAR THEREAFTER, THE                            24
    ATTORNEY GENERAL SHALL SUBMIT TO THE HEALTH AND HUMAN                                      25
    SERVICES COMMITTEES OF THE SENATE AND THE HOUSE OF                                         26
    REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES, AND TO THE JOINT                             27
    BUDGET COMMITTEE OF THE GENERAL ASSEMBLY A WRITTEN REPORT                                  28
    CONCERNING CLAIMS BROUGHT UNDER THE "COLORADO FALSE CLAIMS                                 29
    ACT" DURING THE PREVIOUS FISCAL YEAR. THE REPORT SHALL INCLUDE,                            30
    BUT NEED NOT BE LIMITED TO:                                                                31
                                                                                               32
           (a) THE NUMBER OF ACTIONS FILED BY THE ATTORNEY GENERAL;                            33
                                                                                               34
          (b) THE NUMBER OF ACTIONS FILED BY THE ATTORNEY GENERAL                              35
    THAT WERE COMPLETED;                                                                       36
                                                                                               37
           (c) THE AMOUNT THAT WAS RECOVERED IN ACTIONS FILED BY THE                           38
    ATTORNEY GENERAL THROUGH SETTLEMENT OR THROUGH A JUDGMENT                                  39
    AND, IF KNOWN, THE AMOUNT RECOVERED FOR DAMAGES, PENALTIES,                                40
    AND LITIGATION COSTS;                                                                      41
                                                                                               42
         (d) THE NUMBER OF ACTIONS FILED BY A PERSON OTHER THAN THE                            43
    ATTORNEY GENERAL;                                                                          44
                                                                                               45
         (e) THE NUMBER OF ACTIONS FILED BY A PERSON OTHER THAN THE                            46
    ATTORNEY GENERAL THAT WERE COMPLETED;                                                      47
                                                                                               48
          (f) THE AMOUNT THAT WAS RECOVERED IN ACTIONS FILED BY A                              49
    PERSON OTHER THAN THE ATTORNEY GENERAL THROUGH SETTLEMENT OR                               50
    THROUGH A JUDGMENT AND, IF KNOWN, THE AMOUNT RECOVERED FOR                                 51
    DAMAGES, PENALTIES, AND LITIGATION COSTS, AND THE AMOUNT                                   52
    RECOVERED BY THE STATE AND THE PERSON; AND                                                 53
                                                                                               54
          (g) THE AMOUNT EXPENDED BY THE STATE FOR INVESTIGATION,                              55
    LITIGATION, AND ALL OTHER COSTS FOR CLAIMS RELATED TO THE                                  56
    "COLORADO FALSE CLAIMS ACT".                                                               57
                                                                                               58
            SECTION 3. Accountability. Five years after this act becomes                       59
    law and in accordance with section 2-2-1201, Colorado Revised Statutes,                    60
    the legislative service agencies of the Colorado General Assembly shall                    61
    conduct a post-enactment review of the implementation of this act                          62
    utilizing the information contained in the legislative declaration set forth               63
    in section 1 of this act.".                                                                64
                                                                                               65
    Renumber succeeding sections accordingly.                                                  66
                                                                                               67
Page 1250    Senate Journal-114th Day-May 6, 2010


                 Page 1, line 101, after "ACT," insert "AND, IN CONNECTION THEREWITH,                   1
                 REQUIRING A POST-ENACTMENT REVIEW OF THE IMPLEMENTATION OF                             2
                 THIS ACT,".                                                                            3
                                                                                                        4
                                                                                                        5
Judiciary    After consideration on the merits, the Committee recommends that HB10-1374 be referred     6
             to the Committee on Appropriations with favorable recommendation.                          7
                                                                                                        8
Judiciary    After consideration on the merits, the Committee recommends that HB10-1012 be              9
             postponed indefinitely.                                                                   10
                                                                                                       11
Business,    The Committee on Business Labor and Technology has had under consideration and has        12
Labor, &     had a hearing on the following appointments and recommends that the appointments be       13
Technology   confirmed:                                                                                14
                                                                                                       15
                                           MEMBERS OF THE                                              16
                                      WORKERS' COMPENSATION COST                                       17
                                         CONTAINMENT BOARD                                             18
                                                                                                       19
             for a term expiring December 13, 2011:                                                    20
                                                                                                       21
             Michael W. Mitchell of Windsor, Colorado, to serve as an executive with good risk         22
             management experience in the insurance industry, appointed;                               23
                                                                                                       24
             for terms expiring December 13, 2012:                                                     25
                                                                                                       26
             Richard C. Zellen, Jr. of Arvada, Colorado, to serve as an employer with good risk        27
             management experience with respect to their workers' compensation insurance, appointed;   28
                                                                                                       29
             Jerry L. Mosley of Golden, Colorado, to serve as an employer with good risk management    30
             experience with respect to their workers' compensation insurance, reappointed.            31
                                                                                                       32
Business,    After consideration on the merits, the Committee recommends that HB10-1366 be referred    33
Labor, &     to the Committee on Finance with favorable recommendation.                                34
Technology                                                                                             35
                                                                                                       36
                                                                                                       37
Business,    After consideration on the merits, the Committee recommends that HB10-1400 be referred    38
Labor, &     to the Committee of the Whole with favorable recommendation.                              39
Technology                                                                                             40
                                                                                                       41
Business,    After consideration on the merits, the Committee recommends that HB10-1417 be referred    42
Labor, &     to the Committee of the Whole with favorable recommendation.                              43
Technology                                                                                             44
                                                                                                       45
                                                                                                       46
Appro-       After consideration on the merits, the Committee recommends that HB10-1019 be             47
priations    amended as follows, and as so amended, be referred to the Committee of the Whole with     48
             favorable recommendation.                                                                 49
                                                                                                       50
                  Amend reengrossed bill, page 26, line 27, strike "$28,307 cash funds                 51
                 and 0.5 FTE," and substitute "seventeen thousand nine hundred eighteen                52
                 dollars ($17,918) and 0.3 FTE,".                                                      53
                                                                                                       54
                 Page 27, strike lines 2 through 10 and substitute:                                    55
                                                                                                       56
                         "(2) In addition to any other appropriation, there is hereby                  57
                 appropriated, out of any moneys in the disabled parking education and                 58
                 enforcement fund created in section 42-1-224, Colorado Revised                        59
                 Statutes, not otherwise appropriated, to the department of revenue, for               60
                 the fiscal year beginning July 1, 2010, the sum of thirty thousand three              61
                 hundred forty-one dollars ($30,341) cash funds and 0.2 FTE, or so much                62
                 thereof as may be necessary, for the implementation of this act.".                    63
                                                                                                       64
Appro-       After consideration on the merits, the Committee recommends that HB10-1347 be referred    65
priations    to the Committee of the Whole with favorable recommendation.                              66
                                                                                                       67
            Senate Journal-114th Day-May 6, 2010                                        Page 1251


Appro-      After consideration on the merits, the Committee recommends that HB10-1349 be referred 1
priations   to the Committee of the Whole with favorable recommendation.                             2
                                                                                                     3
Appro-      After consideration on the merits, the Committee recommends that HB10-1405 be referred 4
priations   to the Committee of the Whole with favorable recommendation and with a                   5
            recommendation that it be placed on the Consent Calendar.                                6
                                                                                                     7
Appro-      After consideration on the merits, the Committee recommends that SB10-198 be referred    8
priations   to the Committee of the Whole with favorable recommendation and with a                   9
            recommendation that it be placed on the Consent Calendar.                               10
                                                                                                    11
Appro-      After consideration on the merits, the Committee recommends that SB10-203 be amended 12
priations   as follows, and as so amended, be referred to the Committee of the Whole with favorable 13
            recommendation.                                                                         14
                                                                                                    15
                 Amend printed bill, page 18, after line 9 insert:                                  16
                                                                                                    17
                         "SECTION 9. Appropriation. (1) In addition to any other                    18
                 appropriation, there is hereby appropriated, out of any moneys in the              19
                 department of state cash fund created in section 24-21-104 (3) (b),                20
                 Colorado Revised Statutes, not otherwise appropriated, to the department           21
                 of state, for the fiscal year beginning July 1, 2010, the sum of one               22
                 hundred one thousand six hundred sixty-two dollars ($101,662) cash                 23
                 funds, or so much thereof as may be necessary, for the implementation              24
                 of this act.                                                                       25
                                                                                                    26
                         (2) In addition to any other appropriation, there is hereby                27
                 appropriated to the department of law, for the fiscal year beginning July          28
                 1, 2010, the sum of four thousand five hundred twenty-two dollars, or so           29
                 much thereof as may be necessary, for the provision of legal services to           30
                 the department of state related to the implementation of this act. Said            31
                 sum shall be from reappropriated funds received from the department of             32
                 state out of the appropriation made in subsection (1) of this section.             33
                                                                                                    34
                         (3) In addition to any other appropriation, there is hereby                35
                 appropriated to the department of personnel and administration, division           36
                 of administrative courts, for the fiscal year beginning July 1, 2010, the          37
                 sum of four thousand five hundred dollars ($4,500), or so much thereof             38
                 as may be necessary, for the provision of administrative law judge                 39
                 services to the department of state related to the implementation of this          40
                 act. Said sum shall be from reappropriated funds received from the                 41
                 department of state out of the appropriation made in subsection (1) of this        42
                 section.".                                                                         43
                                                                                                    44
                 Renumber succeeding sections accordingly.                                          45
                                                                                                    46
                 Page 1, line 103, strike "COMM'N." and substitute "COMM'N, AND                     47
                 MAKING AN APPROPRIATION THEREFOR.".                                                48
                                                                                                    49
                                                                                                    50
Appro-      After consideration on the merits, the Committee recommends that HB10-1404 be           51
priations   amended as follows, and as so amended, be referred to the Committee of the Whole with 52
            favorable recommendation and with a recommendation that it be placed on the Consent     53
            Calendar.                                                                               54
                                                                                                    55
                   Amend the Senate Judiciary Committee Report dated May 4, 2010,                   56
                 page 5, after line 7 insert:                                                       57
                                                                                                    58
                         "SECTION 8. Appropriation - adjustments to the 2010 long                   59
                 bill. (1) For the implementation of this act, general fund appropriations          60
                 made in the annual general appropriation act for the fiscal year beginning         61
                 July 1, 2010, to the department of personnel and administration, for the           62
                 independent ethics commission, shall be decreased by two hundred                   63
                 seventy thousand eight hundred twenty-two dollars ($270,822) and 2.0               64
                 FTE.                                                                               65
                                                                                                    66
                         (2) In addition to any other appropriation, there is hereby                67
Page 1252     Senate Journal-114th Day-May 6, 2010


                  appropriated, out of any moneys in the general fund not otherwise                      1
                  appropriated, to the judicial department, for the independent ethics                   2
                  commission, for the fiscal year beginning July 1, 2010 , the sum of two                3
                  hundred seventy thousand eight hundred twenty-two dollars ($270,822)                   4
                  and 2.0 FTE, for the implementation of this act.".                                     5
                                                                                                         6
                  Page 5 of the committee report, line 8, strike "SECTION 8." and                        7
                  substitute "SECTION 9.".                                                               8
                                                                                                         9
                  Page 5 of the committee report, after line 11, insert:                                10
                                                                                                        11
                  "Page 1 of the bill, line 102, strike "COMMISSION." and substitute                    12
                  "COMMISSION, AND MAKING AN APPROPRIATION THEREFOR.".".                                13
                                                                                                        14
                                                                                                        15
Appro-        After consideration on the merits, the Committee recommends that HB10-1113 be referred    16
priations     to the Committee of the Whole with favorable recommendation and with a                    17
              recommendation that it be placed on the Consent Calendar.                                 18
                                                                                                        19
                                                                                                        20
Appro-        After consideration on the merits, the Committee recommends that HB10-1285 be amended     21
priations     as follows, and as so amended, be referred to the Committee of the Whole with favorable   22
              recommendation.                                                                           23
                                                                                                        24
                  Amend reengrossed bill, page 3, strike lines 12 and 13 and substitute                 25
                  "- domicile and residency - rules - definitions. (11) A CLASS A                       26
                  COMMERCIAL VEHICLE THAT WAS REGISTERED IN COLORADO UNDER THE                          27
                  INTERNATIONAL REGISTRATION PLAN,".                                                    28
                                                                                                        29
                  Page 12, line 4, strike "fifty-six thousand nine" and substitute "eighty-six          30
                  thousand six hundred fifty-eight dollars ($86,658) cash funds and 0.8                 31
                  FTE, or so much thereof as".                                                          32
                                                                                                        33
                  Page 12, strike line 5.                                                               34
                                                                                                        35
Judiciary     After consideration on the merits, the Committee recommends that HB10-1360 be amended     36
              as follows, and as so amended, be referred to the Committee on Appropriations with        37
              favorable recommendation.                                                                 38
                                                                                                        39
                  Amend reengrossed bill, page 3, strike line 25 and substitute "FOR                    40
                  STALKING AS".                                                                         41
                                                                                                        42
                  Page 4, strike line 21 and substitute "FOR STALKING AS".                              43
                                                                                                        44
                                                                                                        45
State,        After consideration on the merits, the Committee recommends that HB10-1403 be             46
Veterans, &   amended as follows, and as so amended, be referred to the Committee on Appropriations     47
Military      with favorable recommendation.                                                            48
Affairs                                                                                                 49
                  Amend reengrossed bill, page 7, line 24, strike "EXCEPT THAT,".                       50
                                                                                                        51
                  Page 7, strike lines 25 through 27.                                                   52
                                                                                                        53
                  Page 8, strike line 1.                                                                54
                                                                                                        55
                  Page 8, after line 7 insert:                                                          56
                                                                                                        57
                        "(b) THE SECRETARY OF STATE MAY USE A PHASE-IN PERIOD OR                        58
                  ANY OTHER METHOD TO MITIGATE HARDSHIP ON THE REPORTING ENTITY                         59
                  CAUSED BY ELECTRONIC NOTIFICATION AND MAY PROVIDE EXCEPTIONS                          60
                  FROM SUCH ELECTRONIC NOTIFICATION WHERE HARDSHIP OR OTHER GOOD                        61
                  CAUSE IS SHOWN.".                                                                     62
                                                                                                        63
                  Reletter succeeding paragraph accordingly.                                            64
                                                                                                        65
State,        After consideration on the merits, the Committee recommends that HB10-1181 be             66
Veterans, &   amended as follows, and as so amended, be referred to the Committee of the Whole with     67
              Senate Journal-114th Day-May 6, 2010                                       Page 1253


Military      favorable recommendation.                                                               1
Affairs                                                                                               2
                     Amend reengrossed bill, page 14, line 7, strike "(4) (d) (IV), and (6)           3
                   (b) (II)," and substitute "(4) (d) (IV), (6) (b) (II), (8) (c), and (8) (d),".     4
                                                                                                      5
                   Page 16, after line 8 insert:                                                      6
                                                                                                      7
                           "(8) Payroll. (c) The state personnel director or the director's           8
                   designee shall regulate, approve, and review all payroll deductions other          9
                   than those expressly authorized by statute or state-sponsored for all state       10
                   employees FOR A STATE EMPLOYEE WHO IS IN THE STATE PERSONNEL                      11
                   SYSTEM TO HAVE DUES AND OTHER AUTHORIZED EXPENSES DEDUCTED                        12
                   FROM HIS OR HER SALARY DUE TO MEMBERSHIP IN AN EMPLOYEE                           13
                   ORGANIZATION, THE STATE EMPLOYEE OR THE EMPLOYEE ORGANIZATION                     14
                   SHALL SUBMIT A WRITTEN REQUEST TO THE STATE PERSONNEL DIRECTOR                    15
                   OR THE DIRECTOR'S DESIGNEE OR THE STATE OFFICIAL WHO IS                           16
                   AUTHORIZED TO DISBURSE FUNDS IN PAYMENT OF SALARIES OR WAGES OF                   17
                   SUCH STATE EMPLOYEES. UPON RECEIPT OF A REQUEST IN WRITING BY AN                  18
                   EMPLOYEE ORGANIZATION OR A STATE EMPLOYEE WHO IS IN THE STATE                     19
                   PERSONNEL SYSTEM, THE STATE PERSONNEL DIRECTOR OR THE                             20
                   DIRECTOR'S DESIGNEE OR THE STATE OFFICIAL WHO IS AUTHORIZED TO                    21
                   DISBURSE FUNDS IN PAYMENT OF SALARIES OR WAGES OF SUCH STATE                      22
                   EMPLOYEES SHALL CAUSE TO BE DEDUCTED FROM THE SALARY OF SUCH                      23
                   EMPLOYEE FOR PAYMENT TO THE EMPLOYEE ORGANIZATION THE AMOUNT                      24
                   INDICATED IN THE REQUEST FOR THE EMPLOYEE ORGANIZATION DUES AND                   25
                   OTHER AUTHORIZED EXPENSES AND DEDUCTIONS AS SET FORTH BY THE                      26
                   EMPLOYEE ORGANIZATION. IF THE REQUEST FOR DEDUCTION IS INITIATED                  27
                   BY AN EMPLOYEE ORGANIZATION, THE ORGANIZATION SHALL MAINTAIN                      28
                   ACCURATE DOCUMENTATION OF THE REQUEST FOR SUCH DEDUCTION.                         29
                   ANY EMPLOYER THAT EMPLOYS STATE EMPLOYEES WHO ARE IN THE                          30
                   STATE PERSONNEL SYSTEM AND THAT IS NOT SUBJECT TO THE RULES OF                    31
                   THE DEPARTMENT OF PERSONNEL CONCERNING PAYROLL MAY PRESCRIBE                      32
                   ADMINISTRATIVE PROCEDURES TO ACCOMPLISH THE DEDUCTION AND                         33
                   DISBURSEMENT OF FUNDS PURSUANT TO THIS SECTION. The state                         34
                   personnel director may assess a charge to the EMPLOYEE organization that          35
                   receives the benefit from such a payroll deduction to offset the cost to the      36
                   state for this service. FOR THE PURPOSES OF THIS PARAGRAPH (c),                   37
                   "EMPLOYEE ORGANIZATION" MEANS AN ORGANIZATION WITH THE                            38
                   PRIMARY PURPOSE OF REPRESENTING STATE EMPLOYEES AND THAT HAS                      39
                   A MEMBERSHIP OF AT LEAST FOUR HUNDRED STATE EMPLOYEES WHO ARE                     40
                   IN THE STATE PERSONNEL SYSTEM.                                                    41
                                                                                                     42
                           (d) No payroll deduction shall be made on behalf of a state               43
                   employee without prior written authorization from the state personnel             44
                   director or the director's designee The state personnel director or the           45
                   director's designee may SHALL authorize a payroll deduction only after            46
                   receiving a written request for such payroll deduction from the employee,         47
                   a department or agency representative, or an EMPLOYEE organization AS             48
                   DEFINED IN PARAGRAPH (c) OF THIS SUBSECTION (8).".                                49
                                                                                                     50
State,        After consideration on the merits, the Committee recommends that SJR10-045 be          51
Veterans, &   postponed indefinitely.                                                                52
Military                                                                                             53
Affairs                                                                                              54
                                                                                                     55
State,        After consideration on the merits, the Committee recommends that HB10-1393 be referred 56
Veterans, &   to the Committee of the Whole with favorable recommendation and with a                 57
Military      recommendation that it be placed on the Consent Calendar.                              58
Affairs                                                                                              59
                                                                                                     60
State,        After consideration on the merits, the Committee recommends that HB10-1408 be referred 61
Veterans, &   to the Committee of the Whole with favorable recommendation.                           62
Military                                                                                             63
Affairs                                                                                              64
                                                                                                     65
Page 1254   Senate Journal-114th Day-May 6, 2010


                                          ___________                                                    1
                                                                                                         2
                                 MESSAGE FROM THE HOUSE                                                  3
                                                                                                         4
            May 5, 2010                                                                                  5
                                                                                                         6
            The House has postponed indefinitely SB10-185. The bill is returned herewith.                7
            The House has adopted and returns herewith SJR10-025.                                        8
                                                                                                         9
            The House has adopted and transmits herewith HJR10-1023, HJR10-1027,                        10
            HJR10-1032.                                                                                 11
                                                                                                        12
            The House has adopted and transmits herewith HJR10-1019, and amended as                     13
            printed in House Journal, April 15, page 1249.                                              14
                                                                                                        15
            The House has adopted and transmits herewith HJR10-1026, and amended as                     16
            printed in House Journal, May 5.                                                            17
                                                                                                        18
                                            ____________                                                19
                                                                                                        20
                                                                                                        21
                                  LETTERS OF RESIGNATION                                                22
                                                                                                        23
                                                                            May 5, 2010                 24
                                                                                                        25
            President Brandon Shaffer                                                                   26
            Colorado State Capitol                                                                      27
            202 E. Colfax                                                                               28
            Denver, CO 80203                                                                            29
                                                                                                        30
            Dear President Shaffer,                                                                     31
                                                                                                        32
            It has been an honor and a pleasure to serve the State of Colorado and its citizens for the 33
            past eight years as the Senator from district 34. I hope I have made a difference in the    34
            lives of Colorado's citizens. I will always treasure my time as a member of the Colorado 35
            State Senate and General Assembly. I will greatly miss my colleagues and have made          36
            some life-long friendships while in this Chamber. I am very exited about the challenges I 37
            will face in my new position and the ability to continue serving the residents of Denver.   38
                                                                                                        39
            Regrettably, I must resign my seat before the end of my term to accept my new position      40
            representing the citizens of Northwest Denver as their Councilmember. I am resigning my 41
            position in the State Senate effective May 12th at midnight so that I may finish out the    42
            session before being sworn in as the new Denver City Councilmember for district 1.          43
                                                                                                        44
            Thank you for the privilege of serving with you.                                            45
                                                                                                        46
            Sincerely,                                                                                  47
            (signed)                                                                                    48
            Senator Paula E. Sandoval                                                                   49
                                                                                                        50
                                                                                                        51
            May 4, 2010                                                                                 52
                                                                                                        53
            Senator Brandon Shaffer                                                                     54
            Senate President                                                                            55
            200 E. Colfax Ave Rm258                                                                     56
            Denver, CO 80203                                                                            57
                                                                                                        58
            Dear Mr. President:                                                                         59
                                                                                                        60
            Over the course of my career I have had no greater honor than to serve in the Senate and    61
            participate as a member of the Joint Budget Committee. The issues before it are complex 62
            and the consequences on the quality of life of Coloradans is profound.                      63
                                                                                                        64
            In an effort to smooth the transition and allow another Senator to replace me as my term in 65
            the Senate comes to a close, I offer my resignation as a member of the Joint Budget         66
            committee effective sine die of this session of the Senate, or May 12, 2010.                67
             Senate Journal-114th Day-May 6, 2010                                                 Page 1255


             Sincerely,                                                                                          1
             (signed)                                                                                            2
             Abel Tapia                                                                                          3
             Colorado State Senator                                                                              4
                                                                                                                 5
                                              ___________                                                        6
                                                                                                                 7
                                   SENATE SERVICES REPORT                                                        8
                                                                                                                 9
            Correctly Reengrossed: SB10-003, 192, 193 and 196.                                                  10
            Correctly Revised: HB10-1284.                                                                       11
                                                                                                                12
                                                                                                                13
                                             ____________                                                       14
                                                                                                                15
             On motion of Senator Morse, and with a two-thirds majority of those elected to the Senate          16
             having voted in the affirmative, HB10-1358, SB10-200, SB10-208, SB10-205, SB10-210,                17
             SB10-202, SB10-213 were made Special Orders at 9:13 a.m.                                           18
                                            ____________                                                        19
                                                                                                                20
                                                                                                                21
Committee    The hour of 9:13 a.m. having arrived, Senator Newell moved that the Senate resolve                 22
of the       itself into the Committee of the Whole for consideration of Special Orders -- Second               23
Whole        Reading of Bills and Senator Newell was called to the chair to act as Chairman.                    24
                                                                                                                25
                     SPECIAL ORDERS -- SECOND READING OF BILLS                                                  26
                                                                                                                27
             The Committee of the Whole having risen, the Chairman reported that the following bills,           28
             reading at length having been dispensed with by unanimous consent, had been considered             29
             and action taken thereon as follows:                                                               30
                                                                                                                31
                                                                                                                32
SB10-200    by Senator(s) Schwartz; also Representative(s) Fischer and Kefalas--Concerning                      33
            amendments to the "Colorado Recovery and Reinvestment Finance Act of 2009" that are                 34
            necessary to conform to amendments made to the federal "American Recovery and                       35
            Reinvestment Act of 2009" by the federal "Hiring Incentives to Restore Employment Act".             36
                                                                                                                37
             Ordered engrossed and placed on the calendar for third reading and final passage.                  38
                                                                                                                39
SB10-208    by Senator(s) Keller; also Representative(s) Acree--Concerning repealing references to the          40
            referral and placement committee to reflect current usage of interdisciplinary teams in             41
            developing individualized plans for persons with developmental disabilities.                        42
                                                                                                                43
             Ordered engrossed and placed on the calendar for third reading and final passage.                  44
                                                                                                                45
SB10-205    by Senator(s) Bacon, Scheffel; also Representative(s) Scanlan and Murray--Concerning the            46
            authority of a school district to submit to the eligible electors of the district the question of   47
            contracting a bonded indebtedness for the purpose of paying costs that may be paid from the         48
            general fund of the school district.                                                                49
                                                                                                                50
             Amendment No. 1(L.003), by Senator Bacon.                                                          51
                                                                                                                52
                  Amend printed bill, page 4, line 10, strike "FOR" and substitute                              53
                  "(A) SUBJECT TO THE PROVISIONS OF SUB-SUBPARAGRAPH (B) OF THIS                                54
                  SUBPARAGRAPH (IX), FOR".                                                                      55
                                                                                                                56
                  Page 4, line 14, strike "AND BECOMES LAW".                                                    57
                                                                                                                58
                  Page 4, after line 16 insert:                                                                 59
                                                                                                                60
                        "(B) THE BOARD OF EDUCATION OF A DISTRICT THAT ISSUES                                   61
                  BONDED INDEBTEDNESS PURSUANT TO SUB-SUBPARAGRAPH (A) OF THIS                                  62
                  SUBPARAGRAPH (IX) SHALL DEPOSIT ANY MONEYS FROM SUCH BONDED                                   63
                  INDEBTEDNESS INTO A CASH FLOW DEFICIT RESTRICTED RESERVE IN THE                               64
                  GENERAL FUND OF THE DISTRICT. THE BOARD OF EDUCATION OF SUCH A                                65
                  DISTRICT MAY EXPEND THE MONEYS DEPOSITED IN THE RESERVE ONLY                                  66
                  FOR THE PURPOSE OF ALLEVIATING THE DISTRICT'S ANNUAL TEMPORARY                                67
Page 1256    Senate Journal-114th Day-May 6, 2010


                 CASH FLOW DEFICIT AND SHALL REPAY, FROM THE PROPERTY TAX                               1
                 REVENUES OF THE DISTRICT, THE TOTAL AMOUNT EXPENDED FROM THE                           2
                 RESERVE IN ANY FISCAL YEAR ON OR BEFORE JUNE 30 OF THE APPLICABLE                      3
                 FISCAL YEAR; EXCEPT THAT SUCH BOARD OF EDUCATION MAY REQUEST                           4
                 THAT THE DEPARTMENT OF EDUCATION WAIVE THE REQUIREMENT TO                              5
                 REPAY THE RESERVE BY JUNE 30 OF THE APPLICABLE FISCAL YEAR. IF THE                     6
                 DEPARTMENT GRANTS SUCH A WAIVER, THE BOARD OF EDUCATION OF THE                         7
                 DISTRICT SHALL REPAY THE TOTAL AMOUNT EXPENDED FROM THE                                8
                 RESERVE ON OR BEFORE JUNE 30 OF THE FISCAL YEAR FOLLOWING THE                          9
                 FISCAL YEAR IN WHICH THE BOARD EXPENDED MONEYS FROM THE                               10
                 RESERVE .     N OTWITHSTANDING THE PROVISIONS OF THIS                                 11
                 SUB-SUBPARAGRAPH (B), IF A DISTRICT THAT HAS ISSUED BONDED                            12
                 INDEBTEDNESS PURSUANT TO SUB-SUBPARAGRAPH (A) OF THIS                                 13
                 SUBPARAGRAPH (IX) NO LONGER EXPERIENCES AN ANNUAL TEMPORARY                           14
                 CASH FLOW DEFICIT, THE DISTRICT SHALL USE THE MONEYS IN THE                           15
                 RESERVE TO REPAY OUTSTANDING BONDED INDEBTEDNESS ISSUED                               16
                 PURSUANT TO THIS SECTION.".                                                           17
                                                                                                       18
             Amendment No. 2(L.004), by Senator Bacon.                                                 19
                                                                                                       20
                 Amend printed bill, page 4, after line 16 insert:                                     21
                                                                                                       22
                       "SECTION 3. 22-41-110 (1) (b) (I), Colorado Revised Statutes,                   23
                 is amended to read:                                                                   24
                                                                                                       25
                        22-41-110. Timely payment of school district obligations.                      26
                 (1) (b) This section applies to:                                                      27
                                                                                                       28
                         (I) General obligation bonds issued by a school district on or after          29
                 July 1, 1991, pursuant to article 42 or 43 of this title; EXCEPT THAT THIS            30
                 SECTION SHALL NOT APPLY TO BONDS ISSUED BY A SCHOOL DISTRICT                          31
                 PURSUANT TO SECTION 22-42-102 (2) (a) (IX);".                                         32
                                                                                                       33
                 Renumber succeeding section accordingly.                                              34
                                                                                                       35
             As amended, ordered engrossed and placed on the calendar for third reading and final      36
             passage.                                                                                  37
                                                                                                       38
SB10-210    by Senator(s) Romer and Penry, Spence, Heath, Gibbs, Steadman, Tapia; also                 39
            Representative(s) Ferrandino and Massey--Concerning authorization of funding for           40
            educational programs that provide incentives for students to read.                         41
                                                                                                       42
             Amendment No. 1(L.001), by Senator Hudak.                                                 43
                                                                                                       44
                 Amend printed bill, page 2, line 12, strike "FIVE." and substitute "THREE             45
                 OR WHO ARE BETWEEN THIRD AND FOURTH GRADE.".                                          46
                                                                                                       47
                 Page 3, strike lines 1 and 2 and substitute:                                          48
                                                                                                       49
                       "(a) APPLIES ONLY TO STUDENTS WHO MEET THE DESCRIPTION IN                       50
                 SECTION 22-7-902;".                                                                   51
                                                                                                       52
             Amendment No. 2(L.003), by Senator Williams.                                              53
                                                                                                       54
                 Amend printed bill, page 3, line 7, strike "A MONETARY INCENTIVE" and                 55
                 substitute "AN INCENTIVE".                                                            56
                                                                                                       57
             As amended, ordered engrossed and placed on the calendar for third reading and final      58
             passage.                                                                                  59
                                                                                                       60
             (For further action, see amendments to the report of the Committee of the Whole.)         61
                                                                                                       62
                                                                                                       63
SB10-202    by Senator(s) Whitehead; also Representative(s) Kerr A.--Concerning savings accounts for   64
            job retraining.                                                                            65
                                                                                                       66
                                                                                                       67
              Senate Journal-114th Day-May 6, 2010                                               Page 1257


              Amendment No. 1, Education Committee Amendment.                                           1
              (Printed in Senate Journal, May 5, page 1243 and placed in members' bill files.)          2
                                                                                                        3
             As amended, ordered engrossed and placed on the calendar for third reading and final       4
             passage.                                                                                   5
                                                                                                        6
                                                                                                        7
SB10-213   by Senator(s) Shaffer B., Morse, Penry; also Representative(s) Weissmann, Carroll T., May- 8
           -Concerning committees created by the Colorado general assembly that operate during the      9
           interim.                                                                                    10
                                                                                                       11
             Amendment No. 1(L.002), by Senator Morse.                                                 12
                                                                                                       13
                  Amend printed bill, page 3, after line 3 insert:                                     14
                                                                                                       15
                           "(2) THE LEGISLATIVE COUNCIL CREATED IN SECTION 2-3-301 (1)                 16
                  SHALL BE THE COMMITTEE OF REFERENCE FOR ALL BILLS AND JOINT                          17
                  RESOLUTIONS THAT CREATE OR AUTHORIZE ANY STUDIES TO BE                               18
                  CONDUCTED DURING THE INTERIM OR THAT ALLOCATE ANY ADDITIONAL                         19
                  LEGISLATIVE STAFF RESOURCES DURING THE INTERIM. IN ADDITION, IF AT                   20
                  ANY POINT IN THE LEGISLATIVE PROCESS A BILL OR JOINT RESOLUTION IS                   21
                  AMENDED TO INCLUDE THE CREATION OR AUTHORIZATION OF AN INTERIM                       22
                  STUDY, THE BILL OR JOINT RESOLUTION SHALL BE REFERRED TO THE                         23
                  LEGISLATIVE COUNCIL FOR CONSIDERATION.".                                             24
                                                                                                       25
             As amended, ordered engrossed and placed on the calendar for third reading and final      26
             passage.                                                                                  27
                                                                                                       28
             (For further action, see amendments to the report of the Committee of the Whole.)         29
                                                                                                       30
                                                                                                       31
HB10-1358 by Representative(s) Fischer, Apuan, Court, Frangas, Gagliardi, Hullinghorst, Kagan,         32
           Kefalas, Kerr A., Labuda, Levy, Merrifield, Middleton, Pace, Peniston, Primavera, Ryden, 33
           Solano, Todd, Tyler, Vigil, Weissmann; also Senator(s) Johnston, Bacon, Hodge, Steadman, 34
           Tapia, Williams--Concerning a requirement for new home builders to offer home buyers        35
           water efficiency options                                                                    36
                                                                                                       37
             Amendment No. 1, Local Government & Energy Committee Amendment.                           38
             (Printed in Senate Journal, April 28, pages 1065-1066 and placed in members' bill files.) 39
                                                                                                       40
             Amendment No. 2(L.008), by Senator Johnston.                                              41
                                                                                                       42
                  Amend reengrossed bill, page 6, strike lines 16 through 25 and substitute:           43
                                                                                                       44
                           "SECTION 2. Act subject to petition - specified effective date              45
                  - applicability. (1) This act shall take effect January 1, 2011; except              46
                  that, if a referendum petition is filed pursuant to section 1 (3) of article         47
                  V of the state constitution against this act or an item, section, or part of         48
                  this act within the ninety-day period after final adjournment of the                 49
                  general assembly, then the act, item, section, or part shall not take effect         50
                  unless approved by the people at the general election to be held in                  51
                  November 2010 and shall take effect on January 1, 2011, or on the date               52
                  of the official declaration of the vote thereon by the governor, whichever           53
                  is later.".                                                                          54
                                                                                                       55
             As amended, ordered revised and placed on the calendar for third reading and final        56
             passage.                                                                                  57
                                                                                                       58
                                                                                                       59
        AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE                                         60
                                                                                                       61
SB10-210 by Senator(s) Romer and Penry, Spence, Heath, Gibbs, Steadman, Tapia; also                    62
         Representative(s) Ferrandino and Massey--Concerning authorization of funding for              63
         educational programs that provide incentives for students to read.                            64
                                                                                                       65
            Senator Hudak moved to amend the Report of the Committee of the Whole to                   66
            show that the following Hudak floor amendment, (L.002) to SB 10-210, did pass.             67
Page 1258   Senate Journal-114th Day-May 6, 2010


            Amend printed bill, page 2, line 8, strike "ORGANIZATIONS THAT" and substitute                   1
            "ELIGIBLE PUBLIC SCHOOLS AND ELIGIBLE FACILITY SCHOOLS LOCATED WITHIN".                          2
                                                                                                             3
            Page 2, line 9, strike "OPERATE".                                                                4
                                                                                                             5
            Page 2, line 21, strike "ORGANIZATION" and substitute "ELIGIBLE PUBLIC SCHOOL                    6
            OR ELIGIBLE FACILITY SCHOOL".                                                                    7
                                                                                                             8
            Page 3, line 2, after the semi-colon add "AND".                                                  9
                                                                                                            10
            Page 3, strike lines 3 through 6.                                                               11
                                                                                                            12
            Page 3, line 7, strike "(c)" and substitute "(b)".                                              13
                                                                                                            14
            Page 3, line 10, strike "ORGANIZATION" and substitute "ELIGIBLE PUBLIC SCHOOL                   15
            OR ELIGIBLE FACILITY SCHOOL".                                                                   16
                                                                                                            17
            Page 3, line 11, after "IT" insert "IS LOCATED WITHIN A PROMISE NEIGHBORHOOD                    18
            OR CHOICE NEIGHBORHOOD THAT".                                                                   19
                                                                                                            20
            Page 3, line 14, strike "ORGANIZATION" and substitute "ELIGIBLE PUBLIC SCHOOL                   21
            OR ELIGIBLE FACILITY SCHOOL".                                                                   22
                                                                                                            23
            Page 3, strike lines 20 and 21 and substitute "WHICH              THE APPLICANT IS              24
            REQUESTING A GRANT, THE".                                                                       25
                                                                                                            26
            Page 3, line 26, after "APPLICANT" insert "IS
                                                    LOCATED WITHIN A PROMISE                                27
            NEIGHBORHOOD OR CHOICE NEIGHBORHOOD THAT".                                                      28
                                                                                                            29
            Page 4, line 2, strike "ORGANIZATION" and substitute "ELIGIBLE PUBLIC SCHOOL                    30
            OR ELIGIBLE FACILITY SCHOOL".                                                                   31
                                                                                                            32
            Page 4, line 5, strike "ORGANIZATION" and substitute "ELIGIBLE PUBLIC SCHOOL                    33
            OR ELIGIBLE FACILITY SCHOOL".                                                                   34
                                                                                                            35
            Page 4, line 9, strike "ORGANIZATION" and substitute "ELIGIBLE PUBLIC SCHOOL                    36
            OR ELIGIBLE FACILITY SCHOOL".                                                                   37
                                                                                                            38
            Less than a majority of all members elected to the Senate having voted in the affirmative,      39
            the amendment to the report of the Committee of the Whole was lost on the following roll        40
            call vote:                                                                                      41
                                                                                                            42
              YES            14       NO             21          EXCUSED        0       ABSENT      0       43
              Bacon               Y   Hodge               Y      Morse              N   Spence          N   44
              Boyd                Y   Hudak               Y      Newell             N   Steadman        Y   45
              Brophy              N   Johnston            Y      Penry              Y   Tapia           Y   46
              Cadman              N   Keller              N      Renfroe            N   Tochtrop        Y   47
              Carroll M.          Y   Kester              N      Romer              N   White           N   48
              Foster              N   King K.             N      Sandoval           Y   Whitehead       Y   49
              Gibbs               N   Kopp                N      Scheffel           N   Williams        Y   50
              Harvey              N   Lundberg            N      Schultheis         N   President       Y   51
              Heath               N   Mitchell            N      Schwartz           N                       52
                                                                                                            53
            Senator Penry moved to amend the Report of the Committee of the Whole to                        54
            show that the following amendment to SB 10-210 did pass.                                        55
                                                                                                            56
            Amend printed bill, page 3, line 9, strike "BOOK." and substitute "BOOK; AND".                  57
                                                                                                            58
            Page 3, after line 9 insert:                                                                    59
                                                                                                            60
            "(d) REQUIRES PARENTAL CONSENT FOR EACH STUDENT'S PARTICIPATION.".                              61
                                                                                                            62
            A majority of all members elected to the Senate having voted in the affirmative, the            63
            amendment to the report of the Committee of the Whole was passed on the following roll          64
            call vote:                                                                                      65
                                                                                                            66
                                                                                                            67
            Senate Journal-114th Day-May 6, 2010                                              Page 1259


             YES           34       NO             1       EXCUSED        0       ABSENT         0         1
             Bacon              Y   Hodge              Y   Morse              Y   Spence             Y     2
             Boyd               Y   Hudak              Y   Newell             Y   Steadman           Y     3
             Brophy             Y   Johnston           Y   Penry              Y   Tapia              Y     4
             Cadman             Y   Keller             Y   Renfroe            N   Tochtrop           Y     5
             Carroll M.         Y   Kester             Y   Romer              Y   White              Y     6
             Foster             Y   King K.            Y   Sandoval           Y   Whitehead          Y     7
             Gibbs              Y   Kopp               Y   Scheffel           Y   Williams           Y     8
             Harvey             Y   Lundberg           Y   Schultheis         Y   President          Y     9
             Heath              Y   Mitchell           Y   Schwartz           Y                           10
                                                                                                          11
                                                                                                          12
            Senator Scheffel moved to amend the Report of the Committee of the Whole to show that         13
            SB 10-210, as amended, did not pass.                                                          14
                                                                                                          15
            Less than a majority of all members elected to the Senate having voted in the affirmative,    16
            the amendment to the report of the Committee of the Whole was lost on the following roll      17
            call vote:                                                                                    18
                                                                                                          19
             YES           17       NO            18       EXCUSED        0       ABSENT         0        20
             Bacon              N   Hodge              Y   Morse              N   Spence             N    21
             Boyd               Y   Hudak              Y   Newell             N   Steadman           N    22
             Brophy             N   Johnston           N   Penry              N   Tapia              N    23
             Cadman             Y   Keller             Y   Renfroe            Y   Tochtrop           Y    24
             Carroll M.         Y   Kester             Y   Romer              N   White              N    25
             Foster             N   King K.            N   Sandoval           N   Whitehead          Y    26
             Gibbs              N   Kopp               Y   Scheffel           Y   Williams           N    27
             Harvey             Y   Lundberg           Y   Schultheis         Y   President          Y    28
             Heath              N   Mitchell           Y   Schwartz           N                           29
                                                                                                          30
                                                                                                          31
SB10-213   by Senator(s) Shaffer B., Morse, Penry; also Representative(s) Weissmann, Carroll T., May-     32
           -Concerning committees created by the Colorado general assembly that operate during the        33
           interim.                                                                                       34
                                                                                                          35
           Senator Sandoval moved to amend the Report of the Committee of the Whole to                    36
           show that the following amendment to SB 10-213 did pass.                                       37
                                                                                                          38
           Amend printed bill, page 3, line 3, strike "INTERIM." and substitute "INTERIM                  39
           USING STATE RESOURCES.".                                                                       40
                                                                                                          41
           Page 3, line 10, strike "INTERIM." and substitute "INTERIM         USING STATE                 42
           RESOURCES.".                                                                                   43
                                                                                                          44
           Page 4, line 10, strike "INTERIM." and substitute "INTERIM         USING STATE                 45
           RESOURCES.".                                                                                   46
                                                                                                          47
           Page 4, line 18, strike "INTERIM." and substitute "INTERIM         USING STATE                 48
           RESOURCES.".                                                                                   49
                                                                                                          50
           Page 5, line 1, strike "INTERIM." and substitute "INTERIM          USING STATE                 51
           RESOURCES.".                                                                                   52
                                                                                                          53
           Page 6, line 17, strike "INTERIM;" and substitute "INTERIM         USING STATE                 54
           RESOURCES;".                                                                                   55
                                                                                                          56
           Page 7, line 1, strike "INTERIM." and substitute "INTERIM          USING STATE                 57
           RESOURCES.".                                                                                   58
                                                                                                          59
           Page 8, line 9, strike "INTERIM." and substitute "INTERIM          USING STATE                 60
           RESOURCES.".                                                                                   61
                                                                                                          62
           Page 8, line 24, strike "PERIOD." and substitute "PERIOD           USING STATE                 63
           RESOURCES.".                                                                                   64
                                                                                                          65
            Page 10, strike "INTERIM." and substitute "INTERIM USING STATE RESOURCES.".                   66
                                                                                                          67
Page 1260    Senate Journal-114th Day-May 6, 2010


             Less than a majority of all members elected to the Senate having voted in the affirmative,      1
             the amendment to the report of the Committee of the Whole was lost on the following roll        2
             call vote:                                                                                      3
                                                                                                             4
              YES             6       NO            28       EXCUSED        1       ABSENT         0         5
              Bacon               N   Hodge              N   Morse              N   Spence              N    6
              Boyd                Y   Hudak              Y   Newell             N   Steadman            N    7
              Brophy              N   Johnston           N   Penry              N   Tapia               Y    8
              Cadman              N   Keller             N   Renfroe            N   Tochtrop            N    9
              Carroll M.          N   Kester             N   Romer              Y   White               N   10
              Foster              N   King K.            N   Sandoval           Y   Whitehead           N   11
              Gibbs               N   Kopp               N   Scheffel           N   Williams            Y   12
              Harvey              N   Lundberg           N   Schultheis         N   President           N   13
              Heath               N   Mitchell           E   Schwartz           N                           14
                                                                                                            15
                                                                                                            16
            ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE                                            17
                                                                                                            18
             On motion of Senator Newell, the report of the Committee of the Whole was adopted on           19
             the following roll call vote:                                                                  20
                                                                                                            21
              YES            34       NO             0       EXCUSED        1       ABSENT         0        22
              Bacon               Y   Hodge              Y   Morse              Y   Spence              Y   23
              Boyd                Y   Hudak              Y   Newell             Y   Steadman            Y   24
              Brophy              Y   Johnston           Y   Penry              Y   Tapia               Y   25
              Cadman              Y   Keller             Y   Renfroe            Y   Tochtrop            Y   26
              Carroll M.          Y   Kester             Y   Romer              Y   White               Y   27
              Foster              Y   King K.            Y   Sandoval           Y   Whitehead           Y   28
              Gibbs               Y   Kopp               Y   Scheffel           Y   Williams            Y   29
              Harvey              Y   Lundberg           Y   Schultheis         Y   President           Y   30
              Heath               Y   Mitchell           E   Schwartz           Y                           31
                                                                                                            32
             The Committee of the Whole took the following action:                                          33
                                                                                                            34
             Passed on second reading: SB10-200, SB10-208, SB10-205 as amended, SB10-210 as                 35
             amended, SB10-202 as amended, SB10-213 as amended, HB10-1358 as amended.                       36
                                                                                                            37
                                             ___________                                                    38
                                                                                                            39
                             Senate in recess.      Senate reconvened.                                      40
                                            ___________                                                     41
                                                                                                            42
             On motion of Senator Morse, and with a two-thirds majority of those elected to the Senate      43
             having voted in the affirmative, SB10-198, SB10-203, SB10-209 were made Special                44
             Orders at 1:32 p.m.                                                                            45
                                            ____________                                                    46
                                                                                                            47
Committee    The hour of 1:32 p.m. having arrived, Senator Newell moved that the Senate resolve             48
of the       itself into the Committee of the Whole for consideration of Special Orders -- Second           49
Whole        Reading of Bills and Senator Newell was called to the chair to act as Chairman.                50
                                                                                                            51
                     SPECIAL ORDERS -- SECOND READING OF BILLS                                              52
                                                                                                            53
             The Committee of the Whole having risen, the Chairman reported that the following bills,       54
             reading at length having been dispensed with by unanimous consent, had been considered         55
             and action taken thereon as follows:                                                           56
                                                                                                            57
SB10-198    by Senator(s) Whitehead and Cadman; also Representative(s) McKinley--Concerning a               58
            reduction in the amount of the penalty for late vehicle registration for certain vehicles       59
            without motive power.                                                                           60
                                                                                                            61
             Ordered engrossed and placed on the calendar for third reading and final passage.              62
                                                                                                            63
                                                                                                            64
SB10-203    by Senator(s) Carroll M., Morse, Shaffer B.; also Representative(s) Weissmann and               65
            Middleton--Concerning independent expenditures in Colorado elections after the United           66
            States supreme court case of Citizens United v. Federal Election Comm'n.                        67
Senate Journal-114th Day-May 6, 2010                                            Page 1261


Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.                     1
(Printed in Senate Journal, May 4 , pages 1176-1177 and placed in members' bill files.)      2
                                                                                             3
Amendment No. 2, Appropriations Committee Amendment.                                         4
(Printed in Senate Journal, May 6, and placed in members' bill files.)                       5
                                                                                             6
Amendment No. 3(L.004), by Senator Carroll.                                                  7
                                                                                             8
    Amend the State, Veterans, & Military Affairs Committee Report, dated                    9
    May 3, 2010, page 1, after line 13 insert:                                              10
                                                                                            11
    "Page 7 of the bill, strike lines 8 and 9 and substitute:                               12
                                                                                            13
         "(11.5) "INDEPENDENT EXPENDITURE COMMITTEE" MEANS ONE OR                           14
    MORE PERSONS THAT MAKE AN INDEPENDENT EXPENDITURE IN AN                                 15
    AMOUNT OF".                                                                             16
                                                                                            17
    Page 7, strike lines 13 through 17 and substitute:                                      18
                                                                                            19
          "(12.5) "MEDIA OUTLET" MEANS A PUBLICATION OR BROADCAST                           20
    MEDIUM THAT TRANSMITS NEWS, FEATURE STORIES, ENTERTAINMENT, OR                          21
    OTHER INFORMATION TO THE PUBLIC THROUGH VARIOUS DISTRIBUTION                            22
    CHANNELS, INCLUDING, WITHOUT LIMITATION, NEWSPAPERS; MAGAZINES;                         23
    RADIO; BROADCAST, CABLE, OR SATELLITE TELEVISION; AND THE                               24
    INTERNET.".".                                                                           25
                                                                                            26
    Page 1 of the report, after line 15 insert:                                             27
                                                                                            28
    "Page 9 of the bill, strike line 13 and substitute:                                     29
                                                                                            30
    "APPROPRIATE    OFFICER WITHIN TWO BUSINESS DAYS OF THE DATE ON                         31
    WHICH".                                                                                 32
                                                                                            33
    Page 10, line 4, strike "PERSONS." and substitute "PERSONS CALCULATED                   34
    AS OF THE TIME THE PERSON REGISTERS WITH THE APPROPRIATE OFFICER                        35
    UNDER PARAGRAPH (a) OF THIS SUBSECTION (3).".                                           36
                                                                                            37
    Page 10, after line 25, insert:                                                         38
                                                                                            39
          "(4) A CANDIDATE COMMITTEE, POLITICAL COMMITTEE, SMALL                            40
    DONOR COMMITTEE, OR POLITICAL PARTY THAT IS REGISTERED WITH THE                         41
    APPROPRIATE OFFICER PURSUANT TO SECTION 1-45-108 (3) SHALL NOT BE                       42
    REQUIRED TO REGISTER AN INDEPENDENT EXPENDITURE COMMITTEE                               43
    UNDER PARAGRAPH (a) OF SUBSECTION (3) OF THIS SECTION.".                                44
                                                                                            45
    Renumber succeeding subsections accordingly.                                            46
                                                                                            47
    Page 11, after line 15 insert:                                                          48
                                                                                            49
          "(b) (I) ANY PERSON WHO EXPENDS ONE THOUSAND DOLLARS OR                           50
    MORE PER CALENDAR YEAR FOR THE PURPOSE OF MAKING AN                                     51
    INDEPENDENT EXPENDITURE SHALL REPORT TO THE APPROPRIATE                                 52
    OFFICER, IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION, THE                       53
    NAME AND ADDRESS OF ANY PERSON THAT DONATES MORE THAN TWO                               54
    HUNDRED FIFTY DOLLARS PER YEAR TO THE PERSON EXPENDING ONE                              55
    THOUSAND DOLLARS OR MORE ON THE INDEPENDENT EXPENDITURE.                                56
                                                                                            57
          (II) IF THE PERSON MAKING THE DONATION OF TWO HUNDRED                             58
    FIFTY DOLLARS OR MORE IS A NATURAL PERSON, THE DISCLOSURE                               59
    REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) SHALL ALSO                           60
    INCLUDE THE DONOR'S OCCUPATION AND EMPLOYER.                                            61
                                                                                            62
           (III) IF THE PERSON MAKING THE DONATION OF TWO HUNDRED                           63
    FIFTY DOLLARS OR MORE IS NOT A NATURAL PERSON, THE DISCLOSURE                           64
    REQUIRED BY THIS PARAGRAPH (b) SHALL ALSO INCLUDE:                                      65
                                                                                            66
           (A) THE DONOR'S FULL NAME, OR, IF THE DONOR IS A SUBSIDIARY                      67
Page 1262    Senate Journal-114th Day-May 6, 2010


                 OF A PARENT CORPORATION, THE FULL NAME OF THE PARENT                                     1
                 CORPORATION, SPELLING OUT ANY ACRONYMS USED THEREIN;                                     2
                                                                                                          3
                       (B) ALL NAMES UNDER WHICH THE DONOR DOES BUSINESS IN THE                           4
                 STATE IF SUCH NAMES ARE DIFFERENT FROM THE NAME IDENTIFIED                               5
                 PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b);                                      6
                                                                                                          7
                       (C) THE ADDRESS OF THE HOME OFFICE OF THE DONOR, OR, IF THE                        8
                 DONOR IS A SUBSIDIARY OF A PARENT CORPORATION, THE HOME OFFICE OF                        9
                 THE PARENT CORPORATION; AND                                                             10
                                                                                                         11
                      (D) THE NAME AND STREET ADDRESS IN THE STATE OF THE                                12
                 DONOR'S REGISTERED AGENT.".                                                             13
                                                                                                         14
                 Reletter succeeding paragraph accordingly.                                              15
                                                                                                         16
                 Page 11, line 17, strike "(4)" and substitute "(5)".                                    17
                                                                                                         18
                 Page 12, line 10, strike "(5)" and substitute "(6)".                                    19
                                                                                                         20
                 Page 12, line 23, strike "(6)" and substitute "(7)".                                    21
                                                                                                         22
                 Page 13, line 10, strike "(7)," and substitute "(8),".                                  23
                                                                                                         24
                 Page 13, line 25, strike the second "OF".                                               25
                                                                                                         26
                 Page 14, line 4, strike "(9)" and substitute "(10)".                                    27
                                                                                                         28
                 Page 14, line 7, strike the second "PERSON," and substitute "PERSON THAT                29
                 HAS FILED A REPORT UNDER PARAGRAPH (a) OF THIS SUBSECTION (10),".                       30
                                                                                                         31
                 Page 14, line 8, after "FOR" insert "THE    PURPOSE OF MAKING ONE OR                    32
                 MORE".                                                                                  33
                                                                                                         34
                 Page 14, line 14, strike "PERSONS." and substitute "PERSONS THAT HAVE                   35
                 FILED A REPORT UNDER PARAGRAPH (a) OF THIS SUBSECTION (10).".".                         36
                                                                                                         37
                 Page 2 of the report, line 11, strike "JULY 1, 2010," and substitute                    38
                 "DECEMBER 31, 2010,".                                                                   39
                                                                                                         40
                                                                                                         41
             Amendment No. 4(L.006), by Senator Penry.                                                   42
                                                                                                         43
                 Amend printed bill, page 15, after line 4 insert:                                       44
                                                                                                         45
                       "(13) NOTWITHSTANDING ANY OTHER PROVISION OF THIS                                 46
                 SECTION, ANY REQUIREMENT CONTAINED IN THIS SECTION THAT IS                              47
                 APPLICABLE TO A CORPORATION SHALL ALSO BE APPLICABLE TO A LABOR                         48
                 ORGANIZATION.".                                                                         49
                                                                                                         50
             As amended, ordered engrossed and placed on the calendar for third reading and final        51
             passage.                                                                                    52
                                                                                                         53
                                                                                                         54
SB10-209    by Senator(s) Schwartz, Gibbs, Hodge, Kester, Penry, Scheffel, Steadman, White,              55
            Whitehead; also Representative(s) Vigil--Concerning the allocation of 2009 national forest   56
            payments in counties as said payments relate to federal payments in lieu of taxes.           57
                                                                                                         58
             Amendment No. 1(L.001), by Senator Schwartz.                                                59
                                                                                                         60
                 Amend printed bill, page 4, line 12, strike "MONEYS." and substitute                    61
                 "MONEYS, COMMONLY REFERRED TO AS AN "ALTERNATIVE A" COUNTY.".                           62
                                                                                                         63
             As amended, ordered engrossed and placed on the calendar for third reading and final        64
             passage.                                                                                    65
                                                                                                         66
                                                                                                         67
             Senate Journal-114th Day-May 6, 2010                                               Page 1263


            ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE                                             1
                                                                                                             2
                                                                                                             3
             On motion of Senator Newell, the report of the Committee of the Whole was adopted on            4
             the following roll call vote:                                                                   5
                                                                                                             6
              YES           31       NO              4       EXCUSED        0       ABSENT         0         7
              Bacon              Y   Hodge               Y   Morse              Y   Spence             Y     8
              Boyd               Y   Hudak               Y   Newell             Y   Steadman           Y     9
              Brophy             Y   Johnston            Y   Penry              Y   Tapia              Y    10
              Cadman             N   Keller              Y   Renfroe            N   Tochtrop           Y    11
              Carroll M.         Y   Kester              Y   Romer              Y   White              Y    12
              Foster             Y   King K.             Y   Sandoval           Y   Whitehead          Y    13
              Gibbs              Y   Kopp                Y   Scheffel           Y   Williams           Y    14
              Harvey             N   Lundberg            Y   Schultheis         N   President          Y    15
              Heath              Y   Mitchell            Y   Schwartz           Y                           16
                                                                                                            17
             The Committee of the Whole took the following action:                                          18
                                                                                                            19
             Passed on second reading: SB10-198, SB10-203 as amended, SB10-209 as amended.                  20
                                                                                                            21
                                            ___________                                                     22
                                                                                                            23
                            Senate in recess.         Senate reconvened.                                    24
                                                                                                            25
                                            ___________                                                     26
                                                                                                            27
                           COMMITTEE OF REFERENCE REPORTS                                                   28
                                                                                                            29
                                                                                                            30
Judiciary    After consideration on the merits, the Committee recommends that HB10-1391 be referred         31
             to the Committee on State, Veterans, & Military Affairs with favorable recommendation.         32
                                                                                                            33
Trans-       After consideration on the merits, the Committee recommends that HB10-1418 be                  34
portation    amended as follows, and as so amended, be referred to the Committee of the Whole with          35
             favorable recommendation.                                                                      36
                                                                                                            37
                 Amend reengrossed bill, page 3, line 9, strike "CAPACITY," and substitute                  38
                 "CAPACITY THAT HAVE A POINT OF INTERCONNECTION RATED AT                                    39
                 SIXTY-NINE KILOVOLTS OR LESS,".                                                            40
                                                                                                            41
                 Page 3, line 14, strike "UTILITIES;" and substitute "UTILITIES."                           42
                                                                                                            43
                 Page 3, strike lines 15 and 16.                                                            44
                                                                                                            45
                 Page 3, line 17, strike everything before "THIS" and after "SHALL" insert                  46
                 "NOT BE CLAIMED FOR INTERCONNECTIONS THAT FIRST OCCUR AFTER                                47
                 DECEMBER 31, 2014, AND SHALL".                                                             48
                                                                                                            49
                 Page 3, line 23, after "SHALL" insert "ANALYZE THE IMPLEMENTATION OF                       50
                 THIS SUBPARAGRAPH (IX) AND".                                                               51
                                                                                                            52
                 Page 3, line 26, strike "2012," and substitute "2011,".                                    53
                                                                                                            54
                 Page 4, line 1, strike "CLAIMED" and substitute "INSTALLED         OR ARE                  55
                 SUBJECT TO A POWER PURCHASE AGREEMENT".                                                    56
                                                                                                            57
                 Page 4, strike line 4 and substitute "CHANGED EITHER IN MAGNITUDE OR                       58
                 TRANSITION DATE. ANY ENTITY THAT OWNS OR DEVELOPS A PROJECT                                59
                 THAT WILL TAKE ADVANTAGE OF THE BENEFITS OF THIS SUBPARAGRAPH                              60
                 (IX) SHALL NOTIFY THE COMMISSION WITHIN THIRTY DAYS AFTER SIGNING                          61
                 A POWER PURCHASE AGREEMENT AND WITHIN THIRTY DAYS AFTER                                    62
                 BEGINNING COMMERCIAL OPERATIONS OF AN APPLICABLE PROJECT.".                                63
                                                                                                            64
Finance      After consideration on the merits, the Committee recommends that SB10-212 be referred          65
             to the Committee of the Whole with favorable recommendation.                                   66
                                                                                                            67
Page 1264   Senate Journal-114th Day-May 6, 2010


                                                                                                1
                       REPORT OF CONFERENCE COMMITTEES                                          2
                                                                                                3
                                                                                                4
                      FIRST REPORT OF FIRST CONFERENCE COMMITTEE                                5
                                              ON HB10-1252                                      6
                                                                                                7
                                                                                                8
                                     *****************************                              9
                                       THIS REPORT AMENDS THE                                  10
                                          REENGROSSED BILL                                     11
                                     *****************************                             12
                                                                                               13
                 To the President of the Senate and the                                        14
                 Speaker of the House of Representatives:                                      15
                                                                                               16
                        Your first conference committee appointed on HB10-1252,                17
                 concerning health care services for breast cancer screening, has met and      18
                 reports that it has agreed upon the following:                                19
                                                                                               20
                                                                                               21
                        That the Senate recede from its amendments made to the bill, as        22
                 the amendments appear in the rerevised bill, and that the following           23
                 amendment be substituted therefor:                                            24
                                                                                               25
                 Amend reengrossed bill, page 2, strike lines 12 and 13 and substitute         26
                 "MAMMOGRAPHY SHALL BE COVERED FOR ALL INDIVIDUALS POSSESSING                  27
                 AT LEAST ONE RISK FACTOR INCLUDING, BUT NOT LIMITED TO, A FAMILY              28
                 HISTORY OF BREAST CANCER, BEING FORTY YEARS OF AGE OR OLDER, OR               29
                 A GENETIC PREDISPOSITION TO BREAST CANCER.".                                  30
                                                                                               31
                 Respectfully submitted,                                                       32
                                                                                               33
                 House Committee:                           Senate Committee:                  34
                 (signed)                                   (signed)                           35
                 Dianne Primavera, Chairman                 Betty Boyd, Chairman               36
                 Sara Gagliardi                             Gail Schwartz                      37
                 Tom Massey                                 Shawn Mitchell                     38
                                             ____________                                      39
                                                                                               40
                                                                                               41
                                  MESSAGE FROM THE HOUSE                                       42
                                                                                               43
                                                                                               44
            May 6, 2010                                                                        45
                                                                                               46
            The House has postponed indefinitely SB10-206, SB10-133. The bills are returned    47
            herewith.                                                                          48
                                                                                               49
            The House has adopted the First Report of the First Conference Committee on        50
            HJR10-1015, as printed in House Journal, May 5, page 1646, and has                 51
            repassed the resolution as amended.                                                52
                                                                                               53
            The House has adopted the First Report of the First Conference Committee on        54
            HB10-1125, as printed in House Journal, May 5, page 1645, and has                  55
            repassed the bill as amended.                                                      56
                                                                                               57
            The House has adopted and transmits herewith HJR10-1022.                           58
                                                                                               59
            The House has voted to concur in the Senate amendments to HB10-1334, HB10-1018 and 60
            has repassed the bills as so amended.                                              61
            The House has passed on Third Reading and transmitted to the Revisor of Statutes   62
            HB10-1426, amended as printed in House Journal, May 5, pages 1631-1633.            63
            HB10-1430, amended as printed in House Journal, May 5, pages 1647-1648.            64
            HB10-1428, amended as printed in House Journal, May 5, page 1648.                  65
            HB10-1431, amended as printed in House Journal, May 5, page 1648, and amended      66
            on Third Reading, May 6.                                                           67
              Senate Journal-114th Day-May 6, 2010                                            Page 1265


              The House has voted to recede from its position and discharge the First Conference           1
              Committee on HB10-1098. The House voted to concur in Senate amendments, and has              2
              repassed the bill as amended.                                                                3
                                                                                                           4
              The House has passed on Third Reading and returns herewith SB10-126, 189.                    5
              The House has passed on Third Reading and transmitted to the Revisor of Statutes;            6
              SB10-178, amended as printed in House Journal, May 5, page 1633.                             7
                                                                                                           8
                                              ___________                                                  9
                                                                                                          10
                        MESSAGE FROM THE REVISOR OF STATUTES                                              11
                                                                                                          12
              May 6, 2010                                                                                 13
                                                                                                          14
              We herewith transmit:                                                                       15
                                                                                                          16
              Without comment, as amended, HB10-1426, 1428, and 1431.                                     17
              Without comment, as amended, SB10-178.                                                      18
              With comment, as amended, HB10-1430.                                                        19
                                                                                                          20
                                                                                                          21
                                                                                                          22
                                              ___________                                                 23
                                                                                                          24
                              Senate in recess.         Senate reconvened.                                25
                                              ___________                                                 26
                                                                                                          27
                                                                                                          28
                               Call of the Senate.             Call raised.                               29
                                              ___________                                                 30
                                                                                                          31
                                                                                                          32
                                                                                                          33
                            COMMITTEE OF REFERENCE REPORTS                                                34
                                                                                                          35
Agriculture   After consideration on the merits, the Committee recommends that SB10-211 be referred 36
and Natural   to the Committee of the Whole with favorable recommendation.                                37
Resources                                                                                                 38
                                                                                                          39
Agriculture   The Committee on Agriculture and Natural Resources has had under consideration and has 40
and Natural   had a hearing on the following appointment and recommends that the appointment be           41
Resources     confirmed:                                                                                  42
                                                                                                          43
                                               EXECUTIVE DIRECTOR                                         44
                            COLORADO DEPARTMENT OF NATURAL RESOURCES                                      45
                                                                                                          46
              for a term expiring at the pleasure of the Governor:                                        47
                                                                                                          48
              Mike King of Parker, Colorado, appointed.                                                   49
                                                                                                          50
                                                                                                          51
Education     The Committee on Education has had under consideration and has had a hearing on the         52
              following appointments and recommends that the appointments be confirmed:                   53
                                                                                                          54
                                                  MEMBERS OF THE                                          55
                              COLORADO COMMISSION ON HIGHER EDUCATION                                     56
                                                                                                          57
              for terms expiring July 1, 2014:                                                            58
                                                                                                          59
                 Allegra "Happy" Haynes of Denver, Colorado a resident of the 1st Congressional District 60
                 and a Democrat, reappointed;                                                             61
                                                                                                          62
                 James T. Polsfut of Arvada, Colorado, a resident of the 7th Congressional District and a 63
                 Democrat, reappointed.                                                                   64
                                                                                                          65
                                                                                                          66
                                                                                                          67
Page 1266     Senate Journal-114th Day-May 6, 2010


                                                                                                             1
  Education     The Committee on Education has had under consideration and has had a hearing on the          2
                following appointments and recommends that the appointments be confirmed:                    3
                                                                                                             4
                                             MEMBERS OF THE                                                  5
                                   PRIVATE OCCUPATIONAL SCHOOL BOARD                                         6
                                                                                                             7
                for terms expiring July 1, 2014:                                                             8
                                                                                                             9
                Lisa B. Noll of Breckenridge, Colorado, a representative of the general public, who is      10
                an owner or operator of a business within Colorado that employs students who are            11
                enrolled in schools that are subject to administration by the private occupational school   12
                division, reappointed;                                                                      13
                                                                                                            14
                Thomas E. Narvaez of Denver, Colorado, a representative of the general public, who is       15
                an owner or operator of a business within Colorado that employs students who are            16
                enrolled in schools that are subject to administration by the private occupational school   17
                division, reappointed.                                                                      18
                                                                                                            19
                                                                                                            20
                                                                                                            21
  Education     The Committee on Education has had under consideration and has had a hearing on the         22
                following appointments and recommends that the appointments be confirmed:                   23
                                                                                                            24
                                               MEMBERS OF THE                                               25
                                            READ-TO-ACHIEVE BOARD                                           26
                                                                                                            27
                for terms expiring April 1, 2013:                                                           28
                                                                                                            29
                Deborah L. Middel-Katzenmeyer of Broomfield, Colorado, to serve as a member with            30
                knowledge of best practices in reading and reading instruction, appointed;                  31
                                                                                                            32
                Pamela L. Robinson of Colorado Springs, Colorado, to serve as a parent of a child who       33
                is enrolled in a public school at the time of appointment, appointed;                       34
                                                                                                            35
                Joel A. Albers of Limon, Colorado, to serve as an elementary school principal,              36
                reappointed.                                                                                37
                                                                                                            38
                                                                                                            39
                                                                                                            40
  Education     The Committee on Health and Human Services has had under consideration and has had          41
                a hearing on the following appointment and recommends that the appointments be              42
                confirmed:                                                                                  43
                                                                                                            44
                University of Colorado Hospital Authority Board of Directors:                               45
                                                                                                            46
                From the Third Congressional District: Steven Dawes, for a term effective August 1,         47
                2009, and continuing until July 31, 2013 (or until his successor is appointed by the        48
                Board of Regents)                                                                           49
                                                                                                            50
  Education     The Committee on Health and Human Services has had under consideration and has had          51
                a hearing on the following appointments and recommends that the appointments be             52
                confirmed:                                                                                  53
                                                 MEMBERS OF THE                                             54
                                 COLORADO CHILDREN'S TRUST FUND BOARD                                       55
                                                                                                            56
                for terms expiring November 7, 2012:                                                        57
                                                                                                            58
                Kathryn M. Wells, M.D. of Denver, Colorado, to serve as a member with knowledge of          59
                child abuse prevention/medicine, appointed;                                                 60
                                                                                                            61
                Jacalyn M. Reynolds of Sterling, Colorado, to serve as a member with knowledge of           62
                child abuse prevention, reappointed.                                                        63
                                                                                                            64
  Health &      After consideration on the merits, the Committee recommends that HB10-1414 be               65
  Human         referred to the Committee of the Whole with favorable recommendation and with a             66
  Services      recommendation that it be placed on the Consent Calendar.                                   67
            Senate Journal-114th Day-May 6, 2010                                         Page 1267


                                                                                                      1
                                                                                                      2
Health &      After consideration on the merits, the Committee recommends that HB10-1217 be           3
Human         postponed indefinitely.                                                                 4
Services                                                                                              5
                                                                                                      6
Health &      After consideration on the merits, the Committee recommends that SB10-217 be            7
Human         referred to the Committee of the Whole with favorable recommendation and with a         8
Services      recommendation that it be placed on the Consent Calendar.                               9
                                                                                                     10
Health &      After consideration on the merits, the Committee recommends that HB10-1415 be          11
Human         referred to the Committee on Appropriations with favorable recommendation.             12
Services                                                                                             13
Agriculture    After consideration on the merits, the Committee recommends that HB10-1407 be         14
and Natural    postponed indefinitely.                                                               15
Resources                                                                                            16
                                                                                                     17
Education     After consideration on the merits, the Committee recommends that HB10-1345 be          18
              referred to the Committee of the Whole with favorable recommendation.                  19
                                                                                                     20
                   Amend reengrossed bill, page 3, line 3, strike "AN ENTITY" and                    21
                   substitute "A FOR-PROFIT OR NONPROFIT ENTITY, AS DETERMINED                       22
                   UNDER SECTION 501 (c) (3) OF THE FEDERAL "INTERNAL REVENUE                        23
                   CODE OF 1986,".                                                                   24
                                                                                                     25
                   Page 11, line 16, after "RESPONDENT." insert "EXPENSES INCURRED BY                26
                   THE DEPARTMENT SHALL BE BORNE EQUALLY BY THE AUTHORIZER AND                       27
                   THE CHARTER RESPONDENT.".                                                         28
                                                                                                     29
                                                                                                     30
Education     After consideration on the merits, the Committee recommends that HB10-1412 be          31
              referred to the Committee of the Whole with favorable recommendation.                  32
                                                                                                     33
                                              ___________                                            34
                                                                                                     35
                              INTRODUCTION OF RESOLUTIONS                                            36
                                                                                                     37
              The following resolutions were read by title and referred to the committees indicated: 38
                                                                                                     39
SJR10-049 by Senator(s) Penry and Gibbs; also Representative(s) King S. and Scanlan--Concerning 40
            the Colorado general assembly's support for the Colorado roadless rule petition.         41
                                                                                                     42
                 Laid over one day under Senate Rule 30(b) and placed on the consent calendar.       43
                                                                                                     44
                                                                                                     45
HJR10-1019 by Representative(s) Baumgardner, Acree, Balmer, Bradford, Curry, DelGrosso,              46
              Fischer, Gardner B., Gardner C., Gerou, Kerr J., King S., Labuda, Lambert, Liston,     47
              Looper, Massey, May, McKinley, McNulty, Murray, Priola, Roberts, Scanlan,              48
              Sonnenberg, Soper, Stephens, Summers, Swalm, Tipton, Tyler, Vaad, Vigil, Waller;       49
              also Senator(s) Penry, White--Concerning the distribution of federal mineral leasing   50
              revenues to counties in Colorado.                                                      51
                 Agriculture and Natural Resources                                                   52
                                                                                                     53
HJR10-1022 by Representative(s) Tipton and Baumgardner; also Senator(s) White--Concerning            54
              modification of the federal "Hatch Act of 1939" for certain government employees in    55
              rural areas whose positions preclude them from running for partisan political office.  56
                 State, Veterans & Military Affairs                                                  57
                                                                                                     58
HJR10-1023 by Representative(s) Vaad, Baumgardner, Bradford, DelGrosso, Frangas, Gardner C.,         59
              King S., Lambert, Looper, Massey, McFadyen, Merrifield, Primavera, Rice,               60
              Sonnenberg, Stephens; also Senator(s) Gibbs--Concerning a recommendation to lift the 61
              freeze on longer combination vehicles in western states.                               62
                                                                                                     63
                 Laid over one day under Senate Rule 30(e) and placed on the consent calendar.       64
                                                                                                     65
Page 1268     Senate Journal-114th Day-May 6, 2010


  HJR10-1026 by Representative(s) Massey, Middleton; also Senator(s) Bacon--Concerning the                1
              expansion of broadband access to all areas of the state through Colorado's application to 2
              the Broadband Technology Opportunities Program.                                             3
                                                                                                          4
                 Laid over one day under Senate Rule 30(e) and placed on the consent calendar.            5
                                                                                                          6
                                                                                                          7
  HJR10-1027 by Representative(s) Curry and Sonnenberg; also Senator(s) Williams, White--                 8
              Concerning the recognition of industrial hemp as a valuable agricultural commodity,         9
              and, in connection therewith, urging Congress to clarify the federal definition of         10
              industrial hemp, facilitate domestic production of industrial hemp, and remove barriers 11
              to state regulation of the production of industrial hemp.                                  12
                 Agriculture and Natural Resources                                                       13
                                                                                                         14
                                                                                                         15
  HJR10-1032 by Representative(s) May, Carroll T., Weissmann; also Senator(s) Shaffer B., Morse,         16
              Penry--Concerning complaints filed pursuant to rule 36 (d) of the joint rules of the       17
              Senate and House of Representatives addressing lobbying practices.                         18
                                                                                                         19
                 Laid over one day under Senate Rule 30(e) and placed on the consent calendar.           20
                                                                                                         21
                                              ___________                                                22
                                                                                                         23
                         INTRODUCTION OF BILLS -- FIRST READING                                          24
                                                                                                         25
              The following bills were read by title and referred to the committees indicated:           26
                                                                                                         27
  HB10-1426 by Representative(s) Riesberg and Todd; also Senator(s) Williams and Spence--                28
            Concerning creation of a separate fund for the Trinidad state nursing home, and making 29
            an appropriation in connection therewith.                                                    30
                 Business, Labor and Technology                                                          31
                                                                                                         32
  HB10-1428 by Representative(s) Middleton; also Senator(s) Romer--Concerning student loans.             33
                 Education                                                                               34
                                                                                                         35
  HB10-1430 by Representative(s) Solano and Scanlan, Benefield, Ferrandino, Fischer, Massey,             36
            Merrifield, Middleton, Peniston, Ryden, Schafer S., Todd, Vigil; also Senator(s) Hudak-- 37
            Concerning assessments in the elementary and secondary education system, and making 38
            an appropriation in connection therewith.                                                    39
                 Education                                                                               40
                                                                                                         41
  HB10-1431 by Representative(s) McKinley; also Senator(s) Penry--Concerning the methodology used 42
            to value renewable energy facilities for purposes of property taxation.                      43
                 Local Government and Energy                                                             44
                                                                                                         45
                                                                                                         46
                                                                                                         47
                        THIRD READING OF BILLS -- FINAL PASSAGE                                          48
                                                                                                         49
              On third reading, the title of the following bill was publicly read, the reading at length 50
              having been dispensed with by unanimous consent:                                           51
                                                                                                         52
  HB10-1284 by Representative(s) Massey and Summers, McCann, Rice; also Senator(s) Romer and             53
            Spence--Concerning regulation of medical marijuana, and making an appropriation              54
            therefor.                                                                                    55
                                                                                                         56
              A majority of those elected to the Senate having voted in the affirmative, Senator         57
              Steadman was given permission to offer a third reading amendment.                          58
                                                                                                         59
              Third Reading Amendment No. 1(L.177), by Senator Steadman.                                 60
                                                                                                         61
                   Amend revised bill, page 34, strike line 7 and substitute:                            62
                                                                                                         63
                           "(14) THE LOCATION OF AN".                                                    64
                                                                                                         65
                   Page 34, line 9, after the first "BE" insert "A" and strike "RECORDS"                 66
                   and substitute "RECORD".                                                              67
Senate Journal-114th Day-May 6, 2010                                            Page 1269


      Page 34, line 12, strike "CONFIDENTIAL." and substitute                                1
      "CONFIDENTIAL AND SHALL REDACT THE LOCATION FROM ALL PUBLIC                            2
      RECORDS.".                                                                             3
                                                                                             4
      Page 34, line 14, strike "LICENSURE AND".                                              5
                                                                                             6
  The amendment was passed on the following roll call vote:                                  7
                                                                                             8
   YES        35          NO           0         EXCUSED 0             ABSENT 0              9
   Bacon         Y        Hodge              Y   Morse      Y          Spence    Y          10
   Boyd          Y        Hudak              Y   Newell     Y          Steadman  Y          11
   Brophy        Y        Johnston           Y   Penry      Y          Tapia     Y          12
   Cadman        Y        Keller             Y   Renfroe    Y          Tochtrop  Y          13
   Carroll M.    Y        Kester             Y   Romer      Y          White     Y          14
   Foster        Y        King K.            Y   Sandoval   Y          Whitehead Y          15
   Gibbs         Y        Kopp               Y   Scheffel   Y          Williams  Y          16
   Harvey        Y        Lundberg           Y   Schultheis Y          President Y          17
   Heath         Y        Mitchell           Y   Schwartz   Y                               18
                                                                                            19
  A majority of those elected to the Senate having voted in the affirmative, Senator        20
  Romer was given permission to offer a third reading amendment.                            21
                                                                                            22
  Third Reading Amendment No. 2(L.179), by Senator Romer.                                   23
                                                                                            24
      Amend revised bill, page 55, line 11, strike "Sunrise" and substitute                 25
      "Sunset".                                                                             26
                                                                                            27
      Page 57, strike lines 20 through 22.                                                  28
                                                                                            29
      Page 64, line 10, strike "PERSON" and substitute "PRIMARY                             30
      CAREGIVER".                                                                           31
                                                                                            32
      Page 64, line 11, strike "PERSON" and substitute "PRIMARY                             33
      CAREGIVER".                                                                           34
                                                                                            35
      Page 64, line 13, strike the first "PERSON" and substitute "PRIMARY                   36
      CAREGIVER", and strike the second "PERSON" and substitute "PRIMARY                    37
      CAREGIVER".                                                                           38
                                                                                            39
      Page 73, after line 24 insert:                                                        40
                                                                                            41
          "SECTION 14. Part 7 of article 26 of title 39, Colorado Revised                   42
      Statutes, is amended BY THE ADDITION OF A NEW SECTION to                              43
      read:                                                                                 44
                                                                                            45
          39-26-726. Medical marijuana - debilitating conditions and                        46
      ability to purchase. ALL SALES OF MEDICAL MARIJUANA TO A                              47
      PATIENT WHO IS DETERMINED TO BE INDIGENT FOR PURPOSES OF                              48
      WAIVING THE FEE REQUIRED BY SECTION 25-1.5-106, C.R.S. SHALL BE                       49
      EXEMPT FROM TAXATION UNDER PART 1 OF THIS ARTICLE. IF THE                             50
      PATIENT IS DETERMINED TO BE INDIGENT THE STATE HEALTH AGENCY                          51
      SHALL MARK HIS OR HER REGISTRY IDENTIFICATION CARD AS SUCH AND                        52
      THE PATIENT SHALL PRESENT THE CARD TO THE LICENSED MEDICAL                            53
      MARIJUANA CENTER TO RECEIVE THE TAX EXEMPTION.".                                      54
                                                                                            55
      Renumber succeeding sections accordingly.                                             56
                                                                                            57
      Page 77, line 11, strike "13" and substitute "15".                                    58
                                                                                            59
      Page 77, line 14, strike "14" and substitute "16".                                    60
                                                                                            61
The amendment was passed on the following roll call vote:                                   62
Page 1270     Senate Journal-114th Day-May 6, 2010


                  YES        25         NO       10            EXCUSED 0               ABSENT 0               1
                  Bacon         Y       Hodge       Y          Morse      Y            Spence    Y            2
                  Boyd          Y       Hudak       Y          Newell     Y            Steadman  Y            3
                  Brophy        N       Johnston    Y          Penry      N            Tapia     Y            4
                  Cadman        N       Keller      Y          Renfroe    N            Tochtrop  Y            5
                  Carroll M.    N       Kester      Y          Romer      Y            White     Y            6
                  Foster        Y       King K.     N          Sandoval   Y            Whitehead Y            7
                  Gibbs         Y       Kopp        N          Scheffel   N            Williams  Y            8
                  Harvey        N       Lundberg    Y          Schultheis N            President Y            9
                  Heath         Y       Mitchell    Y          Schwartz   Y                                  10
                                                                                                             11
               The question being "Shall the bill, as amended, pass?", the roll call was taken with the      12
               following result:                                                                             13
                                                                                                             14
                  YES        26         NO           9         EXCUSED 0               ABSENT 0              15
                  Bacon         Y       Hodge            Y     Morse      Y            Spence    Y           16
                  Boyd          Y       Hudak            Y     Newell     N            Steadman  Y           17
                  Brophy        Y       Johnston         Y     Penry      N            Tapia     Y           18
                  Cadman        N       Keller           Y     Renfroe    N            Tochtrop  Y           19
                  Carroll M.    N       Kester           Y     Romer      Y            White     Y           20
                  Foster        Y       King K.          Y     Sandoval   Y            Whitehead Y           21
                  Gibbs         Y       Kopp             Y     Scheffel   N            Williams  Y           22
                  Harvey        Y       Lundberg         N     Schultheis N            President Y           23
                  Heath         Y       Mitchell         N     Schwartz   Y                                  24
                                                                                                             25
                                                                                                             26
               A majority of all members elected to the Senate having voted in the affirmative, the bill     27
               was passed.                                                                                   28
                                                                                                             29
                                              ___________                                                    30
                                                                                                             31
  Committee    On motion of Senator Newell, the Senate resolved itself into the Committee of the             32
  of the Whole Whole for consideration of General Orders--Second Reading of Bills--Consent                   33
               Calendar and Senator Newell was called to the Chair to act as Chairman.                       34
                                                                                                             35
                     GENERAL ORDERS -- SECOND READING OF BILLS --                                            36
                                CONSENT CALENDAR                                                             37
                                                                                                             38
                The Committee of the Whole having risen, the Chairman reported that the following            39
                bills, reading at length having been dispensed with by unanimous consent, had been           40
                considered and action taken thereon as follows:                                              41
                                                                                                             42
                                                                                                             43
  SB10-204     by Senator(s) Shaffer B.; --Concerning the penalty for careless driving resulting in death.   44
                                                                                                             45
                Amendment No. 1, Judiciary Committee Amendment.                                              46
                (Printed in Senate Journal, May 4, page 1173 and placed in members' bill files.)             47
                                                                                                             48
                As amended, ordered engrossed and placed on the calendar for third reading and final         49
                passage.                                                                                     50
                                                                                                             51
                                                                                                             52
  HB10-1398 by Representative(s) Fischer; also Senator(s) Whitehead--Concerning the species                  53
            conservation trust fund, and, in connection therewith, approving the species conservation        54
            eligibility list.                                                                                55
                                                                                                             56
                Ordered revised and placed on the calendar for third reading and final passage.              57
                                                                                                             58
                                                                                                             59
  HB10-1172 by Representative(s) Bradford, Nikkel, Sonnenberg, Tipton; also Senator(s) Cadman--              60
            Concerning the registration of mobile machinery in order to pay specific ownership tax,          61
            and making an appropriation therefor.                                                            62
                                                                                                             63
                Amendment No. 1, Transportation Committee Amendment.                                         64
                (Printed in Senate Journal, April 29, page 1090 and placed in members' bill files.)          65
                                                                                                             66
            Senate Journal-114th Day-May 6, 2010                                           Page 1271


              As amended, ordered revised and placed on the calendar for third reading and final        1
              passage.                                                                                  2
                                                                                                        3
                                                                                                        4
        ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE --                                         5
                           CONSENT CALENDAR                                                             6
                                                                                                        7
                                                                                                        8
              On motion of Senator Newell, the report of the Committee of the Whole was adopted         9
              on the following roll call vote:                                                         10
                                                                                                       11
               YES        35         NO            0        EXCUSED 0             ABSENT 0             12
               Bacon         Y       Hodge             Y    Morse      Y          Spence    Y          13
               Boyd          Y       Hudak             Y    Newell     Y          Steadman  Y          14
               Brophy        Y       Johnston          Y    Penry      Y          Tapia     Y          15
               Cadman        Y       Keller            Y    Renfroe    Y          Tochtrop  Y          16
               Carroll M.    Y       Kester            Y    Romer      Y          White     Y          17
               Foster        Y       King K.           Y    Sandoval   Y          Whitehead Y          18
               Gibbs         Y       Kopp              Y    Scheffel   Y          Williams  Y          19
               Harvey        Y       Lundberg          Y    Schultheis Y          President Y          20
               Heath         Y       Mitchell          Y    Schwartz   Y                               21
                                                                                                       22
              The Committee of the Whole took the following action:                                    23
                                                                                                       24
              Passed on second reading: SB10-204 as amended HB10-1398, HB10-1172 as amended.           25
                                                                                                       26
                                           ____________                                                27
                                                                                                       28
              On motion of Senator Newell, and with a two-thirds majority of those elected to the      29
              Senate having voted in the affirmative, SB10-216, SB10-212, SB10-211, and SB10-217       30
              were made Special Orders at 5:16 p.m.                                                    31
                                           ____________                                                32
                                                                                                       33
                                                                                                       34
Committee     The hour of 5:16 p.m. having arrived, Senator Newell moved that the Senate resolve       35
of the        itself into the Committee of the Whole for consideration of Special Orders -- Second     36
Whole         Reading of Bills and Senator Newell was called to the chair to act as Chairman.          37
                                                                                                       38
                    SPECIAL ORDERS -- SECOND READING OF BILLS                                          39
                                                                                                       40
              The Committee of the Whole having risen, the Chairman reported that the following        41
              bills, reading at length having been dispensed with by unanimous consent, had been       42
              considered and action taken thereon as follows:                                          43
                                                                                                       44
                                                                                                       45
SB10-216     by Senator(s) Heath; also Representative(s) Court--Concerning the order in which          46
             statewide ballot measures appear on a ballot.                                             47
                                                                                                       48
              Ordered engrossed and placed on the calendar for third reading and final passage.        49
                                                                                                       50
                                                                                                       51
SB10-212     by Senator(s) Cadman, Shaffer B., Penry, Tapia, Romer, Boyd; --Concerning the repeal      52
             of mechanisms to refund excess state revenues.                                            53
                                                                                                       54
              Ordered engrossed and placed on the calendar for third reading and final passage.        55
                                                                                                       56
SB10-211     by Senator(s) Morse and Gibbs, Harvey, Bacon, Boyd, Brophy, Foster, Heath, Hodge,         57
             Johnston, Kester, King K., Kopp, Lundberg, Mitchell, Penry, Renfroe, Romer, Scheffel,     58
             Schultheis, Shaffer B., Tapia, Tochtrop, White, Whitehead, Williams; also                 59
             Representative(s) Looper and Scanlan, Apuan, Balmer, DelGrosso, Kerr J., Nikkel,          60
             Priola, Swalm--Concerning big game hunting licenses for members of the United States      61
             armed services wounded warrior programs who have sustained severe combat-related          62
             injuries while serving in post-September 11, 2001, overseas contingency operations.       63
                                                                                                       64
              Ordered engrossed and placed on the calendar for third reading and final passage.        65
                                                                                                       66
Page 1272    Senate Journal-114th Day-May 6, 2010


  SB10-217    by Senator(s) Boyd; also Representative(s) Riesberg--Concerning a modification to the       1
              nursing-sensitive quality measures required to be included in the comprehensive hospital    2
              information system.                                                                         3
                                                                                                          4
                Ordered engrossed and placed on the calendar for third reading and final passage.         5
                                                                                                          6
                                                                                                          7
             ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE                                         8
                                                                                                          9
                On motion of Senator Newell, the report of the Committee of the Whole was adopted        10
                on the following roll call vote:                                                         11
                                                                                                         12
                 YES        35         NO           0         EXCUSED 0             ABSENT 0             13
                 Bacon         Y       Hodge            Y     Morse      Y          Spence    Y          14
                 Boyd          Y       Hudak            Y     Newell     Y          Steadman  Y          15
                 Brophy        Y       Johnston         Y     Penry      Y          Tapia     Y          16
                 Cadman        Y       Keller           Y     Renfroe    Y          Tochtrop  Y          17
                 Carroll M.    Y       Kester           Y     Romer      Y          White     Y          18
                 Foster        Y       King K.          Y     Sandoval   Y          Whitehead Y          19
                 Gibbs         Y       Kopp             Y     Scheffel   Y          Williams  Y          20
                 Harvey        Y       Lundberg         Y     Schultheis Y          President Y          21
                 Heath         Y       Mitchell         Y     Schwartz   Y                               22
                                                                                                         23
              The Committee of the Whole took the following action:                                      24
                                                                                                         25
                Passed on second reading: SB10-216, SB10-212, SB10-211, SB10-217.                        26
                                                                                                         27
                                            ____________                                                 28
                                                                                                         29
                Upon request of Senator Morse, HB10-1250 and HB10-1274 were removed from the             30
                General Orders Second Reading of Bills Calender of Friday, May 7 and placed on the       31
                General Orders Second Reading of Bills Consent Calendar of Friday, May 7.                32
                                                                                                         33
                                            _____________                                                34
                                                                                                         35
                              CONSIDERATION OF RESOLUTIONS                                               36
                                                                                                         37
  SJR10-049 by Senator(s) Penry and Gibbs; also Representative(s) King S. and Scanlan--Concerning        38
            the Colorado general assembly's support for the Colorado roadless rule petition.             39
                                                                                                         40
                On motion of Senators Penry and Gibbs, the resolution was adopted by the following       41
                roll call vote:                                                                          42
                                                                                                         43
                 YES        35         NO           0         EXCUSED 0             ABSENT 0             44
                 Bacon         Y       Hodge            Y     Morse      Y          Spence    Y          45
                 Boyd          Y       Hudak            Y     Newell     Y          Steadman  Y          46
                 Brophy        Y       Johnston         Y     Penry      Y          Tapia     Y          47
                 Cadman        Y       Keller           Y     Renfroe    Y          Tochtrop  Y          48
                 Carroll M.    Y       Kester           Y     Romer      Y          White     Y          49
                 Foster        Y       King K.          Y     Sandoval   Y          Whitehead Y          50
                 Gibbs         Y       Kopp             Y     Scheffel   Y          Williams  Y          51
                 Harvey        Y       Lundberg         Y     Schultheis Y          President Y          52
                 Heath         Y       Mitchell         Y     Schwartz   Y                               53
                                                                                                         54
                Co-sponsors added: Bacon, Boyd, Brophy, Cadman, Carroll M., Foster, Harvey, Heath,       55
                Hodge, Hudak, Johnston, Keller, Kester, King K., Kopp, Lundberg, Mitchell, Morse,        56
                Newell, Renfroe, Romer, Sandoval, Scheffel, Schultheis, Schwartz, Shaffer B., Spence,    57
                Steadman, Tapia, Tochtrop, White, Whitehead and Williams.                                58
                                                                                                         59
                                            ____________                                                 60
                                                                                                         61
                Upon request of Senator Morse, SJR10-042, SJR10-043, SJR10-047, SJR10-035, and           62
                HJR10-1029 were removed from the Consideration of Resolutions Calendar of                63
                Thursday, May 6 and placed on the Consideration of Resolutions Consent Calendar of       64
                Friday, May 7.                                                                           65
                                           ____________                                                  66
                                                                                                         67
Senate Journal-114th Day-May 6, 2010                                           Page 1273


  On motion of Senator Morse, and with a majority of those elected to the Senate having   1
  voted in the affirmative, the balance of the calendar of Thursday, May 6 was laid over  2
  until Friday, May 7, retaining its place on the calendar.                               3
                                                                                          4
    General Orders -- Second Reading of Bills Calendar: HB10-1271, HB10-1352,             5
    HB10-1278, HB10-1131, HB10-1214, HB10-1250, SCR10-001, SCR10-003, HB10- 6
    1029, HB10-1370, HB10-1373, HB10-1364, HB10-1238, HB10-1287, HB10-1277,               7
    HB10-1081, HB10-1022, HB10-1338, HB10-1027, HB10-1146.                                8
    Consideration of Resolutions: SJR10-039.                                              9
    Consideration of Governor's Appointments:                                            10
        Members of the State Board of Parole                                             11
        Member of the Board of Trustees for Adams State College                          12
        Members of the Pinnacol Assurance Board of Directors                             13
    Consideration of Conference Committee Reports: HB10-1330.                            14
    Requests for Conference Committee: HB10-1188.                                        15
                                                                                         16
                              ____________                                               17
                                                                                         18
  On motion of Senator Morse, the Senate adjourned until 9:00 a.m., Friday, May 7, 2010. 19
                                                                                         20
                                                    Approved:                            21
                                                                                         22
                                                                                         23
                                                    Brandon C. Shaffer                   24
                                                    President of the Senate              25
                                                                                         26
  Attest:                                                                                27
                                                                                         28
                                                                                         29
  Karen Goldman                                                                          30
  Secretary of the Senate                                                                31
                                                                                         32
                                                                                         33

				
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