Amendments for SB20-163

Senate Journal, February 25
After consideration on the merits, the Committee recommends that SB20-163 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 15, after line 17 insert:

"SECTION 8. Appropriation. (1) For the 2020-21 state fiscal
year, $41,906 is appropriated to the department of public health and
environment. This appropriation is from the general fund. To implement
this act, the division may use this appropriation as follows:
(a) $31,884 for use by the environmental epidemiology division
for program costs, which amount is based on an assumption that the
division will require an additional 0.1 FTE;
(b) $10,022 for the purchase of information technology services.
(2) for the 2020-21 state fiscal year, $10,022 is appropriated to
the office of the governor for use by the office of information
technology. This appropriation is from reappropriated funds received
from the department of public health and environment under subsection
(1)(b) of this section. To impliment this act, the office may use this
appropriation to provide information technology services for the
department of public health and environment.".


Renumber succeeding section accordingly.

Page 1, line 102, strike "PROCESS." and substitute "PROCESS, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION."



Senate Journal, February 27
SB20-163 by Senator(s) Gonzales and Priola; also Representative(s) Mullica--Concerning the
modernization of the school entry immunization process.

Amendment No. 1, Appropriations Committee Amendment.
(Printed in Senate Journal, February 25, pages 335-336 and placed in members' bill files.)

Amendment No. 2(L.025), by Senator Gonzales.

Amend printed bill, page 7, line 24, after "RATES" insert "FOR THE
MEASLES, MUMPS, AND RUBELLA VACCINE AND FOR EVERY OTHER
VACCINE".

Page 8, line 9, after "RATES" insert "FOR THE MEASLES, MUMPS, AND
RUBELLA VACCINE".

Page 8, line 12, after "25-4-911." insert "THE SCHOOL MAY INCLUDE ON
THE DOCUMENT THE SCHOOL'S SPECIFIC IMMUNIZATION AND EXEMPTION
RATES FOR ANY OTHER VACCINE FOR THE SCHOOL'S ENROLLED STUDENT
POPULATION FOR THE PRIOR SCHOOL YEAR.".

Page 13, line 11, strike "Each" and substitute "IN ADDITION TO THE
REQUIREMENTS PURSUANT TO SECTION 25-4-902 (4)(b), each".

Page 13, lines 12 and 13, strike "request AND PURSUANT TO SECTION
25-4-902 (4)(b)." and substitute "request.".


Amendment No. 3(L.048), by Senator Priola.

Amend printed bill, page 5, line 12, strike "(4)" and substitute "(4); and
add (1.5)".

Page 5, line 17, after "presented" insert "ONE OF".

Page 5, line 18, strike "(I)".

Page 5, line 27, strike "services. or" and substitute "services; or".

Page 6, strike lines 2 through 10.

Page 6, line 15, strike "(I)".

Page 6, strike lines 22 through 27 and substitute:

"(1.5) A STUDENT IS NOT REQUIRED TO COMPLY WITH SUBSECTION
(1) OF THIS SECTION IF THE STUDENT IS PARTICIPATING IN A NONPUBLIC
HOME-BASED EDUCATIONAL PROGRAM PURSUANT TO SECTION
22-33-104.5; EXCEPT THAT:
(a) A SCHOOL DISTRICT MAY REQUIRE COMPLIANCE WITH
SUBSECTION (1) OF THIS SECTION PURSUANT TO SECTION 22-33-104.5
(3)(g); AND
(b) (I) A SCHOOL DISTRICT MAY REQUIRE COMPLIANCE WITH
SUBSECTION (1) OF THIS SECTION IF THE STUDENT PARTICIPATING IN A
NONPUBLIC HOME-BASED EDUCATIONAL PROGRAM ATTENDS A SCHOOL OF
THE SCHOOL DISTRICT FOR A PORTION OF THE SCHOOL DAY;
(II) AN INSTITUTE CHARTER SCHOOL MAY REQUIRE COMPLIANCE
WITH SUBSECTION (1) OF THIS SECTION IF THE STUDENT PARTICIPATING IN
A NONPUBLIC HOME-BASED EDUCATIONAL PROGRAM ATTENDS THE
INSTITUTE CHARTER SCHOOL FOR A PORTION OF THE SCHOOL DAY; OR
(III) A PRIVATE SCHOOL MAY REQUIRE COMPLIANCE WITH
SUBSECTION (1) OF THIS SECTION IF THE STUDENT PARTICIPATING IN A
NONPUBLIC HOME-BASED EDUCATIONAL PROGRAM ATTENDS THE PRIVATE
SCHOOL FOR A PORTION OF THE SCHOOL DAY.".

Page 7, strike lines 1 through 4.
Amendment No. 4(L.027), by Senator Gonzales.

Amend printed bill, page 12, strike lines 4 through 6.

Reletter succeeding sub-subparagraphs accordingly.

Page 12, after line 10, insert:

"(III) NOT REQUIRE THE STUDENT'S PARENT OR LEGAL GUARDIAN,
THE EMANCIPATED STUDENT, OR THE STUDENT EIGHTEEN YEARS OF AGE
OR OLDER TO PROVIDE ANY DEMOGRAPHIC DATA EXCEPT THE STUDENT'S
NAME, DATE OF BIRTH, SEX, AND SCHOOL'S NAME AND LOCATION, AND
THE PARENT'S OR LEGAL GUARDIAN'S NAME;".

Renumber succeeding subparagraphs accordingly.


Amendment No. 5(L.038), by Senator Lundeen.

Amend printed bill, page 5, line 2, after "well-being," insert "honor their
personal circumstances,".


Amendment No. 6(L.036), by Senator Lundeen.

Amend printed bill, page 7, line 26, strike "VACCINE-PROTECTED" and
substitute "VACCINATED".

Page 8, line 5, strike "VACCINE-PROTECTED" and substitute
"VACCINATED".

Page 8, line 11, strike "VACCINE-PROTECTED" and substitute
"VACCINATED".

Page 14, line 2, strike "Vaccine-protected" and substitute "Vaccinated".

Page 14, line 4, strike "VACCINE-PROTECTED" and substitute
"VACCINATED".


Amendment No. 7(L.049), by Senator Gonzales.

Amend printed bill, page 12, before line 27 insert:

"(c) THE FORMS DEVELOPED BY THE DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT MUST NOT REQUIRE A PARENT OR LEGAL
GUARDIAN, EMANCIPATED STUDENT, OR STUDENT EIGHTEEN YEARS OF
AGE OR OLDER TO SIGN OR INDICATE AGREEMENT WITH ANY LANGUAGE
REGARDING IMMUNIZATIONS THAT MAY BE CONTRARY TO A RELIGIOUS
BELIEF OR PERSONAL BELIEF THAT IS OPPOSED TO IMMUNIZATIONS IN
ORDER TO COMPLETE THE FORM.".

Page 12, line 27, strike "(2.7)" and substitute "(2.7) (a)".

Page 13, line 2, after "(2.5)(a)" insert "OF THIS SECTION".

Page 13, line 3, strike "(a)" and substitute "(I)".

Page 13, line 8, strike "(b)" and substitute "(II)".

Page 13, line 9, strike "(c)" and substitute "(III)".

Page 13, before line 11 insert:

"(b) THE ONLINE LEARNING MODULE MUST NOT REQUIRE A
PARENT OR LEGAL GUARDIAN, EMANCIPATED STUDENT, OR STUDENT
EIGHTEEN YEARS OF AGE OR OLDER TO SIGN OR INDICATE AGREEMENT
WITH ANY LANGUAGE REGARDING IMMUNIZATIONS THAT MAY BE
CONTRARY TO A RELIGIOUS BELIEF OR PERSONAL BELIEF THAT IS OPPOSED
TO IMMUNIZATIONS IN ORDER TO COMPLETE THE ONLINE LEARNING
MODULE.".


Amendment No. 8(L.059), by Senator Lundeen.

Amend printed bill, page 13, strike lines 3 through 7 and substitute:

"(a) INCLUDE MEDICAL AND SCIENTIFIC DATA THAT IS
EVIDENCE-BASED AND PEER REVIEWED BY CREDIBLE SCIENTIFIC AND
PUBLIC HEALTH ORGANIZATIONS CONCERNING BOTH THE BENEFITS AND
RISKS OF IMMUNIZATIONS AND EVIDENCE-BASED PRACTICES. THE MODULE
MUST FAIRLY PRESENT BOTH THE BENEFITS AND RISKS OF IMMUNIZATIONS
AND INCLUDE DATA CONCERNING THE RISK OF IMMUNIZATION INJURY.".


Amendment No. 9(L.028), by Senator Gonzales.

Amend printed bill, page 14, after line 20 insert:
"SECTION 7. In Colorado Revised Statutes, add 25-4-912 as
follows:
25-4-912. Confidentiality. ALL IMMUNIZATION AND EXEMPTION
DATA THAT IS SUBMITTED TO THE IMMUNIZATION TRACKING SYSTEM
CREATED IN SECTION 25-4-2403 IS SUBJECT TO THE CONFIDENTIALITY
PROVISIONS CONTAINED IN SECTION 25-4-2403.".

Renumber succeeding sections accordingly.


Amendment No. 10(L.060), by Senator Lundeen.

Amend printed bill, page 10, line 2, after "EXEMPTION." add
"NOTWITHSTANDING ANY LAW OR RULE TO THE CONTRARY, A BODY THAT
REGULATES THE PROFESSIONAL CONDUCT OF A PERSON WHO IS
AUTHORIZED PURSUANT TO TITLE 12 TO ADMINISTER IMMUNIZATIONS
WITHIN HIS OR HER SCOPE OF PRACTICE TO THE STUDENT FOR WHOM THE
CERTIFICATE IS SOUGHT SHALL NOT ORDER A DISCIPLINARY ACTION
AGAINST THE PERSON AUTHORIZED TO SIGN A CERTIFICATE AND WHO
SIGNED SUCH CERTIFICATE PURSUANT TO THIS SUBSECTION (2)(b)(II)(B).
IT IS UNLAWFUL FOR THE EMPLOYER OR ANY PROFESSIONAL
ORGANIZATION TO RETALIATE AGAINST A PERSON BECAUSE THE PERSON
AUTHORIZED TO SIGN A CERTIFICATE SIGNED SUCH CERTIFICATE
PURSUANT TO THIS SUBSECTION (2)(b)(II)(B).".


Amendment No. 11(L.061), by Senator Fenberg.

Amend printed bill, page 10, line 2, after "EXEMPTION." add
"NOTWITHSTANDING ANY LAW OR RULE TO THE CONTRARY, A BODY THAT
REGULATES THE PROFESSIONAL CONDUCT OF A PERSON WHO IS
AUTHORIZED PURSUANT TO TITLE 12 TO ADMINISTER IMMUNIZATIONS
WITHIN HIS OR HER SCOPE OF PRACTICE TO THE STUDENT FOR WHOM THE
CERTIFICATE IS SOUGHT SHALL NOT ORDER A DISCIPLINARY ACTION
AGAINST THE PERSON BECAUSE THE PERSON AUTHORIZED TO SIGN THE
CERTIFICATE SIGNED SUCH CERTIFICATE PURSUANT TO THIS SUBSECTION
(2)(b)(II)(B). IT IS UNLAWFUL FOR THE EMPLOYER OR ANY PROFESSIONAL
ORGANIZATION TO RETALIATE AGAINST A PERSON BECAUSE THE PERSON
AUTHORIZED TO SIGN A CERTIFICATE SIGNED SUCH CERTIFICATE
PURSUANT TO THIS SUBSECTION (2)(b)(II)(B).".


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

(For further action, see amendments to the report of the Committee of the Whole.)

Senate Journal, February 27
SB20-163 by Senator(s) Gonzales and Priola; also Representative(s) Mullica--Concerning the
modernization of the school entry immunization process.

Senator Woodward moved to amend the Report of the Committee of the Whole to show
that the following Woodward floor amendment, (L.058) to SB 20-163, did pass.

Amend printed bill, page 5, line 12, strike "(4)" and substitute "(4); and
add (6)".

Page 8, before line 17 insert:
"(6) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN
COLLECTING THE INFORMATION AND PERFORMING THE DUTIES REQUIRED
BY THIS SECTION, A SCHOOL SHALL COMPLY WITH ALL FEDERAL AND
STATE PRIVACY LAWS TO PROTECT STUDENT INFORMATION, INCLUDING
BUT NOT LIMITED TO THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND
PRIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g, AS AMENDED; THE
FEDERAL "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
OF 1996", PUB.L. 104-191, AS AMENDED; AND ANY RULES OR GUIDELINES
ADOPTED PURSUANT TO SUCH LAWS.".

Page 8, line 18, strike "and (2.7)" and substitute "(2.7), and (6)".

Page 13, before line 14 insert:
"(6) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN
COLLECTING THE INFORMATION AND PERFORMING THE DUTIES REQUIRED
BY THIS SECTION, A SCHOOL SHALL COMPLY WITH ALL FEDERAL AND
STATE PRIVACY LAWS TO PROTECT STUDENT INFORMATION, INCLUDING
BUT NOT LIMITED TO THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND
PRIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g, AS AMENDED; THE
FEDERAL "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
OF 1996", PUB.L. 104-191, AS AMENDED; AND ANY RULES OR GUIDELINES
ADOPTED PURSUANT TO SUCH LAWS.".

Page 14, line 22, after "(2.5)" insert "and (3.5)".

Page 15, after line 17 insert:
"(3.5) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN
PERFORMING THE DUTIES OF THIS SECTION, A PERSON SHALL COMPLY WITH
ALL FEDERAL AND STATE PRIVACY LAWS TO PROTECT INFORMATION,
INCLUDING BUT NOT LIMITED TO THE FEDERAL "FAMILY EDUCATIONAL
RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g, AS
AMENDED; THE FEDERAL "HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996", PUB.L. 104-191, AS AMENDED; AND
ANY RULES OR GUIDELINES ADOPTED PURSUANT TO SUCH LAWS.".


Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:

YES 15 NO 20 EXCUSED 0 ABSENT 0
Bridges N Gardner Y Marble Y Story N
Cooke Y Ginal N Moreno N Tate Y
Coram Y Gonzales N Pettersen N Todd N
Crowder Y Hansen N Priola N Williams A. N
Danielson N Hill Y Rankin Y Winter N
Donovan N Hisey Y Rodriguez N Woodward Y
Fenberg N Holbert Y Scott Y Zenzinger N
Fields N Lee N Smallwood Y President N
Foote N Lundeen Y Sonnenberg Y


House Journal, June 9
40 Amendment No. 1, by Representative Mullica.
41
42 Amend reengrossed bill, page 5, line 17, strike "A" and substitute
43 "STARTING WITH THE SCHOOL YEAR THAT COMMENCES AFTER THE
44 EFFECTIVE DATE OF THIS SUBSECTION (1), AS AMENDED BY SENATE BILL
45 20-163, AND EACH SCHOOL YEAR THEREAFTER, a".
46
906 47 Page 5, line 18, strike "on or after the dates specified in section 25-4-
906 48 (4)" and substitute "on or after the dates specified in section 25-4-
49 (4)".
50
51 Page 7, line 9, strike "JANUARY 15, 2021," and substitute "JANUARY 15 OF
52 THE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SUBSECTION (4), AS
53 AMENDED BY SENATE BILL 20-163,".
54
31 55 Page 7, line 15, strike "JANUARY 31, 2021," and substitute "JANUARY
1 OF THE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SUBSECTION (4),
2 AS AMENDED BY SENATE BILL 20-163,".
3
4 Page 8, line 11, strike "FEBRUARY 15, 2021," and substitute "FEBRUARY
5 15 OF THE SCHOOL YEAR THAT COMMENCES AFTER THE EFFECTIVE DATE
6 OF THIS SUBSECTION (4), AS AMENDED BY SENATE BILL 20-163,".
7
8 Page 12, line 5, strike "JANUARY 1, 2021," and substitute "JANUARY 1 OF
9 THE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SUBSECTION (2.3), AS
10 ENACTED BY SENATE BILL 20-163,".
11
12 Page 17, line 5, strike "$41,906" and substitute "$40,953".
13
14 Page 17, line 8, strike "$31,884" and substitute "$30,931".
15
16 Page 17, strike lines 19 through 21 and substitute:
17
18 "SECTION 10. Act subject to petition - effective date. This act
19 takes effect at 12:01 a.m. on the day following the expiration of the
20 ninety-day period after final adjournment of the general assembly; except
21 that, if a referendum petition is filed pursuant to section 1 (3) of article V
22 of the state constitution against this act or an item, section, or part of this
23 act within such period, then the act, item, section, or part will not take
24 effect unless approved by the people at the general election to be held in
25 November 2022 and, in such case, will take effect on the date of the
26 official declaration of the vote thereon by the governor.".
27
28 As amended, ordered revised and placed on the Calendar for Third
29 Reading and Final Passage.
30

Senate Journal, June 13
SB20-163 by Senator(s) Gonzales and Priola; also Representative(s) Mullica and Roberts--Concerning
the modernization of the school entry immunization process, and, in connection therewith,
making an appropriation.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON SB20-163

*****************************
THIS REPORT AMENDS THE
REENGROSSED BILL
*****************************

To the President of the Senate and the
Speaker of the House of Representatives:

Your first conference committee appointed on SB20-163,
concerning the modernization of the school entry immunization process,
and, in connection therewith, making an appropriation, has met and
reports that it has agreed upon the following:

1. That the House recede from its amendments made to the bill,
as the amendments appear in the rerevised bill.

2. That, under the authority granted the committee to consider
matters not at issue between the two houses, the following amendments
be recommended:

Amend reengrossed bill, page 5, line 14, after "(1.5)" insert "and (6)".

Page 8, after line 23 insert:

"(6) NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, A SCHOOL DISTRICT THAT IS EXERCISING ITS AUTHORITY
PURSUANT TO SECTION 22-33-104.5 (3)(g) OR AN INDEPENDENT SCHOOL
ORGANIZED PURSUANT TO SECTION 22-33-104 (2)(b) WHERE STUDENTS
ARE ENROLLED BUT DO NOT ATTEND IS ENTITLED TO ONLY:
(a) A STUDENT'S IMMUNIZATION RECORDS, AS PROVIDED BY THE
PARENT OR LEGAL GUARDIAN; OR
(b) A STATEMENT SIGNED BY A PARENT OR LEGAL GUARDIAN THAT
THE STUDENT IS EXEMPT FROM IMMUNIZATION.".


Respectfully submitted,

Senate Committee: House Committee:
(signed) (signed)
Sen. Gonzales, Chair Rep. Mullica, Chair
Sen. Priola Rep. Roberts
Sen. Lundeen Rep. Williams, D.