June 10, 1996
**WORKING VERSION--THIS HAS NOT BEEN PROOFED! USE AT YOUR OWN RISK!!**
11:10:46 AMPage 1
SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
Second Regular Session
100th Legislative Day Thursday, April 13, 2000
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Dr. Gilbert Caldwell, Park Hill Methodist Church, Denver.
Roll Call Present--Total, 30.
Absent/Excused--Evans, Hernandez, Lacy, Matsunaka, Thiebaut--Total, 5.
Present later--Evans, Hernandez, Lacy, Thiebaut.
Quorum The President announced a quorum present.
Reading of On motion of Senator Epps, reading of the Journal of Wednesday, April 12th was
Journal dispensed with and the Journal stands approved as corrected by the Secretary.
COMMITTEE OF REFERENCE REPORTS
Judiciary After consideration on the merits, the committee recommends that HB00-1033 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 4, line 25, strike "senate" and substitute "senate, the minority leader of the senate,".
Page 5, line 2, strike "three" and substitute "two";
strike lines 3 and 4, and substitute "senators to serve on the committee, and the minority leader of the senate shall appoint one senator to serve on the committee;".
Page 11, line 5, strike "2004," and substitute "2003,";
line 16, strike "2003," and substitute "2002,".
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: HB00-1016
and Military
Affairs
INTRODUCTION OF BILLS
The following bills were read by title and referred to the committees indicated:
SB 00-225 by Senators Wattenberg, Blickensderfer, Feeley, Hillman and Powers; also Representatives Stengel and Dean--Concerning reimbursement to landowners whose property is being acquired by a public highway authority in connection with eminent domain proceedings.
HB 00-1100 by Representatives Taylor and Kester; also Senator Tebedo--Concerning state reimbursement to counties for a portion of the costs of conducting elections in which state ballot measures are on the ballot.
State, Veterans, & Military Affairs
Appropriations
Senate Journal-100th Day-April 13, 2000 Page 1
Page 1 Senate Journal-100th Day-April 13, 2000
HB 00-1169 by Representative Swenson; also Senator Arnold--Concerning restitution in criminal cases, and making an appropriation in connection therewith.
Judiciary
HB 00-1305 by Representative Leyba; also Senator Reeves--Concerning the quality of care incentive payment program in the department of health care policy and financing, and, in connection therewith, extending the quality of care incentive program advisory committee and requiring an accounting of payments made under the program.
Health, Environment, Welfare & Institutions
Appropriations
HB 00-1327 by Representative Grossman; also Senator Owen--Concerning postconviction relief.
HB 00-1337 by Representative Tool; also Senator Lacy--Concerning recommendations of the house appropriations committee related to the continuation of requirements for certain reports to the general assembly from executive agencies under articles 75 to 114 of title 24, Colorado Revised Statutes.
HB 00-1350 by Representatives Berry, Allen, Dean, Scott and Taylor; also Senators Anderson, Dyer and Wattenberg--Concerning the applicability of sales and use taxes to ski area passenger tramways.
HB 00-1355 by Representatives King, Allen, Bacon, Decker, Fairbank, George, Hagedorn, Lee, May, McElhany, McKay, Miller, Spence, Spradley, Swenson, Tapia, Tool, Vigil and Webster; also Senators Teck, Andrews, Blickensderfer, Chlouber, Lacy, Phillips, Powers and Reeves-Concerning high technology scholarships, and, in connection therewith, establishing the Colorado high technology scholarship program and creating a credit against state income tax for monetary contributions made to fund high technology scholarships awarded through the program.
HB 00-1389 by Representatives Lawrence and Hefley; also Senator Wham--Concerning a medicaid waiver program for autism, and making an appropriation therefor.
Health, Environment, Welfare & Institutions
Appropriations
HB 00-1463 by Representatives Grossman, Kaufman, Miller, Morrison and Smith; also Senators Blickensderfer, Matsunaka, Perlmutter, Wattenberg and Wham--Concerning the revision of statutes in the Colorado Revised Statutes, as amended, amending or repealing obsolete, inconsistent, and conflicting provisions of law and clarifying the language to reflect the legislative intent of the laws.
INTRODUCTION OF CONCURRENT RESOLUTION
The following concurrent resolution was read by title and referred to the committee indicated:
SCR 00-010 by Senator Tanner--Concerning the submission to the registered electors of the state of Colorado of an amendment to section 3 of article V of the constitution of the state of Colorado, modifying the maximum length of service of members of the general assembly, and, in connection therewith, increasing the number of consecutive terms that a senator or representative may serve and limiting the total number of consecutive years that a person may serve as a member of the general assembly.
State, Veterans, & Military Affairs
THIRD READING OF BILLS--FINAL PASSAGE
On Third Reading, the titles of the following bills were publicly read, the reading at length having been dispensed with by unanimous consent:
SB 00-184 by Sen. Evans; Rep. Lee--Underground Facility Damage Prevention
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | | NO 0 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
SB 00-054 by Sen. Pascoe; Rep. Lawrence--Organ & Tissue Registry
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | | NO 0 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Arnold, Blickensderfer, Chlouber, Congrove, Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Lamborn, Linkhart, Martinez, Nichol, Perlmutter, Phillips Powers, Reeves, Rupert, Sullivant, Tanner, Teck, Thiebaut, Wattenberg, Weddig.
HB 00-1262 by Rep. Kaufman; Senator Lamborn--Uniform Child-custody Jurisdiction Act
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | | NO 1 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | N |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
SB 00-044 by Sen. Reeves; Rep. Scott--Treasurer's Technical Assist Program
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | | NO 0 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
SB 00-076 by Sen. Owen; Rep. King--State Defined Contribution Plan Changes
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | | NO 1 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | N |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
SB 00-163 by Sen. Dyer; Rep. George--Drug Court Demonstration Programs
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | | NO 0 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Hernandez, Linkhart, Pascoe, Perlmutter, Reeves, Rupert, Tanner, Thiebaut, Wham.
HB 00-1383 by Rep. Decker; Senator Lamborn--Age Of Retirement For Workers' Comp
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | | NO 0 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Epps, Tebedo.
SB 00-212 by Sen. Weddig; Rep. Allen--Cede Jurisdiction To Buckley Field
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | | NO 0 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Hernandez, Martinez.
SB 00-211 by Sen. Owen; Rep. Tool--State Employee Pay Plan
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | | NO 0 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Reeves, Thiebaut.
SB 00-019 by Sen. Wham; Rep. Alexander--Consolidated Child Care Services
The question being "Shall the bill pass?" the roll was called with the following result:
YES 29 | | NO 4 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | N | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | N | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Hernandez, Phillips, Reeves, Rupert, Tanner, Weddig.
SB 00-180 by Sen. Wham; Rep. Young--Emergency Medical & Trauma Services
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | | NO 0 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Hernandez, Phillips, Rupert, Sullivant.
SB 00-181 by Sen. Wham; Rep. George--Funding K-12 Capital Construction Needs
The question being "Shall the bill pass?" the roll was called with the following result:
YES 26 | | NO 7 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | Y | Tebedo | N |
Arnold | Y | Hernandez | Y | Owen | N | Teck | Y |
Blickensderfer | Y | Hillman | N | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | N | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | N |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Arnold, Blickensderfer, Dennis, Hernandez, Martinez, Phillips, Reeves, Rupert, Thiebaut.
SB 00-136 by Sen. Nichol; Rep. Mitchell--Central Registry For Child Protection
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | | NO 0 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Hernandez, Phillips, Weddig.
SB 00-185 by Sen. Phillips; Rep. Hagedorn--Senior Assistance Grant Eligibility
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | | NO 1 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | N | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Epps, Hernandez, Martinez, Perlmutter, Tanner, Weddig, Wham.
SB 00-121 by Sen. Lamborn; Rep. Mitchell--DNA Testing Of Convicted Felons
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | | NO 1 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | N |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Andrews, Arnold, Chlouber, Congrove, Dyer, Epps, Hernandez, Hillman, Musgrave, Powers, Sullivant, Tebedo, Weddig.
SB 00-092 by Sen. Linkhart; Rep. Leyba--Probation Supervision Fees
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | | NO 0 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Hernandez, Pascoe.
_____________________
Committee On motion of Senator Evans, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Evans was called to the Chair to act
Whole as Chairman.
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman reported that the following bills, reading at length having been dispensed with by unanimous consent, had been considered and action taken thereon as follows:
_______________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, SB00-128, SB00-084, SB00-063, SB00-194, SB00-062, SB00-115 were advanced on the General Orders calendar.
_______________________________
SB 00-063 by Sen. Arnold; Rep. Keller--Family Crisis Intervention Act
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, April 10, pages 913-915.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-194 by Sen. Rupert; Rep. Larson--Commission on Hearing Impairments
(Amended in General Orders as printed in Senate Journal, April 12, page 955.)
Amendment No. 1, by Senators Rupert and Evans
Amend printed bill, page 4, strike line 7, and substitute the following:
"deafness who is knowledgeable in and has experience with other types of disabilities;".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-062 by Sen. Arnold; Rep. Tupa--Crim Hist Record Checks For Child Care
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, January 21, pages 141-142.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 6, page 875.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-115 by Sen. Blickensderfer; Rep. King--K-12 Capital Construction
Amendment No. 1, Education Committee Amendment
(Printed in Senate Journal, March 16, pages 641-645.)
Amendment No. 2, by Senator Blickensderfer
Amend printed bill, page 11, line 9, after the period, add "The oversight board shall determine the proportion of the state and local funds to be used to finance the qualified capital construction project and the amount of each grant using the criteria established pursuant to section 22-43.7-106.".
Page 18, line 22, after "(1)", insert "The oversight board shall determine the proportion of the state and local funds to be used to finance the qualified capital construction project.".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-049 by Sen. Feeley; Rep. Tate--Special Ed Children With Disabilities
Amendment No. 1, Education Committee Amendment
(Printed in Senate Journal, January 21, pages 139-140.)
Amendment No. 2, by Senator Feeley
Amend the Education Committee amendment, as printed in Senate Journal, January 21, page 140, strike lines 18 through 21 and substitute the following:
"strike lines 14 through 19 and substitute the following:
"SECTION 2. Appropriation - legislative intent. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of education, for public school finance, special education - children with disabilities, for the fiscal year beginning July 1, 2000, the sum of two million one hundred fifty-one thousand seven hundred thirty-four dollars ($2,151,734), or so much thereof as may be necessary for the implementation of this act.
(2) It is the intent of the general assembly that the general fund appropriation for the implementation of this act shall be derived from savings generated from the implementation of the provisions of House Bill 00-1462, as enacted during the Second Regular Session of the Sixty-second General Assembly.".
Page 5, strike line 3 and substitute the following:
"governor and except that section 2 of this act shall not take effect if House Bill 00-1462 is not enacted at the Second Regular Session of the Sixty-second General Assembly and does not become law.".".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-122 by Sen. Lacy; Rep. Dean--Limited Gaming Fund Distributions
Laid over until Friday, April 14, retaining its place on the calendar.
SB 00-128 by Sen. Lacy; Rep. Dean--Nursing Facility Medicaid Reimbursement
Laid over until Friday, April 14, retaining its place on the calendar.
SB 00-084 by Sen. Chlouber--Multistate Lottery Games
(Amended in General Orders as printed in Senate Journal, April 12, page 949.)
Amendment No. 1, by Senator Chlouber
Amend printed bill, page 4, line 15, strike "concurrent resolutions ___ and ___." and substitute "Senate Concurrent Resolution 00-008.";
strike lines 16 through 18 and substitute the following:
"SECTION 6. Refer to people under referendum. This act shall be submitted to a vote of the registered electors of the state of Colorado at the next biennial regular general election, for their approval or rejection, under the provisions of the referendum as provided for in section 1 of article V of the state constitution, and in article 40 of title 1, Colorado Revised Statutes. Each elector voting at said election and desirous of voting for or against said act shall cast a vote as provided by law either "Yes" or "No" on the proposition: "Shall the Colorado lottery commission be authorized to enter into multistate agreements allowing Colorado residents to play multistate lottery games, contingent upon the passage and voter approval of Senate Concurrent Resolution 00-008 concerning the transfer, exempt from the state constitution's "Taxpayer's Bill of Rights" (TABOR), of a portion of the net proceeds from such lottery games from the general fund to the school construction and renovation fund for capital construction at kindergarten through grade twelve public schools located in certain disadvantaged school districts?" The votes cast for the adoption or rejection of said act shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress.".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
_________________________
The following bills on the General Orders calendar of Thursday, April 13, were laid over until Friday, April 14, retaining their place on the calendar:
SB00-173, SB00-199, HB00-1368, HB00-1173, HB00-1394, SB00-218.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE
On motion of Senator Evans, the Report of the Committee of the Whole was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:
SB00-063, as amended; SB00-194, as amended; SB00-062, as amended; SB00-115, as
amended; SB00-049, as amended; SB00-084, as amended, declared passed on Second
Reading.
SB00-122, SB00-128, SB00-173, SB00-199, HB00-1368, HB00-1173, HB00-1394,
SB00-218 laid over until Friday, April 14, retaining their place on the calendar.
______________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Thursday, April 13, was laid over until Friday, April 14, retaining its place on the calendar.
______________________________
SENATE SERVICES REPORT
Senate Correctly printed: SB 00-223, 224; SJR 00-020, 021, 022.
Services
SENATE SERVICES REPORT
Senate Correctly printed: SCR 00-010.
Services
Correctly engrossed: SB 00-049, 062, 063, 084, 115, 194.
COMMITTEE OF REFERENCE REPORTS
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural referred favorably to the Committee of the Whole: HB00-1439
Resources
and Energy
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural referred favorably to the Committee on Appropriations: HB1261
Resources
and Energy
Agriculture, After consideration on the merits, the committee recommends that HB00-1162 be
Natural amended as follows and, as so amended, be referred to the Committee on Finance
Resources with favorable recommendation:
and Energy
Amend reengrossed bill, page 2, line 6, strike "(44) (a) "Implement" and substitute "(44) On and after July 1, 2000, "Implement";
line 17, after "husbandry.", add "An aircraft designed or adapted to undertake agricultural applications shall be considered an "implement of husbandry" for the purposes of article 26 of title 39, C.R.S.".;
strike lines 18 through 25.
Page 3, strike lines 1 through 7.
Page 5, strike line 12 and substitute the following:
"operation. On and after";
line 13, strike "2001," and substitute "2000,";
line 15, strike "(II)." and substitute "(II) and all shipping pallets or aids paid for by a farm operation.".
Page 6, strike line 5 and substitute the following:
"operation. Effective";
line 6, strike "2001," and substitute "2000,";
line 8, strike "(II)." and substitute "(II) and all shipping pallets or aids paid for by a farm operation.";
strike lines 10 through 26.
Strike page 7.
Page 8, strike lines 1 through 13.
Renumber succeeding sections accordingly.
Page 11, line 22, strike "equipment," and substitute "equipment and all shipping pallets or aids paid for by a farm operation,".
Page 12, line 20, strike "equipment," and substitute "equipment and all shipping pallets or aids paid for by a farm operation,".
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural referred favorably to the Committee of the Whole: HB00-1438
Resources
and Energy
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title:
SJR 00-023 by Senator Dyer; also Representative Sinclair--Concerning support of the public employment rights of persons who serve in the uniformed services.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Friday,
April 14.
SJR 00-024 by Senator Blickensderfer--Concerning character education.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Friday,
April 14.
SJR 00-025 by Senators Congrove, Dyer and Owen; also Representative Sinclair--Concerning Colorado Civil Air Patrol Cadet Program Day.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Friday,
April 14.
SJR 00-026 by Senators Owen, Congrove, Dyer, Andrews and Blickensderfer; also Representatives Sinclair, Nunez, Pfiffner and Stengel--Concerning recognition of the fiftieth anniversary of the Korean War, and, in connection therewith, recognizing the service by members of the Armed Forces during the war.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Friday,
April 14.
SJR 00-027 by Senator Anderson; also Representative Spence--Concerning honoring University of Colorado President John C. Buechner.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Friday,
April 14.
SJR 00-028 by Senator Dennis; also Representative Kester--Concerning the seventy-fifth anniversary of the establishment of Trinidad State Junior College.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Friday,
April 14.
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title and referred to the committees indicated:
SJR 00-029 by Senators Rupert and Wham; also Representative Morrison--Concerning an interim committee for children.
Health, Environment, Welfare & Institutions
SJR 00-030 by Senator Evans; also Representative Spence--Concerning the study of school finance.
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title:
SR 00-008 by Senator Thiebaut--Concerning recognition of the month of May as Mental Health Month.
WHEREAS, The General Assembly recognizes that good mental health is critical for the well-being and vitality of our families, businesses, and communities; and
WHEREAS, Mental illness will strike one in 5 Americans each year regardless of age, gender, race, ethnicity, religion, or economic status; and
WHEREAS, One in 5 children suffers from a diagnosable mental or emotional disorder and one in 10 children has a serious disorder that, if untreated, can lead to school failure, addiction, and even suicide; and
WHEREAS, Mental disorders are more common than cancer and lung and heart disease combined, making mental illness the most prevalent health problem in America today; and
WHEREAS, On December 13, 1999, Surgeon General David Satcher released the first-ever report to focus on mental health and mental illness stating that mental illness is the second leading cause of disability in the United States and that over the last two decades there has been a scientific revolution in studying the brain and behavior leading to the development of new and more effective treatments and services for people with mental illness; and
WHEREAS, On May 3, 2000, Thomas H. Bornemann, Ed.D., Rear Admiral and Assistant Surgeon General, will make a presentation to the public in Denver on the Surgeon General's Report on Mental Health; and
WHEREAS, The Mental Health Association of Colorado, the National Alliance for the Mentally Ill Colorado, the Colorado Behavioral Healthcare Council, the Mental Health Services Division within the Department of Human Services, the National Mental Health Association, and the National Council for Community Behavioral Healthcare, and their partners observe Mental Health Month each year during May to raise awareness of mental health, mental illness, and insurance discrimination against people with mental illnesses; now, therefore,
Be It Resolved by the Senate of the Sixty-second General Assembly of the State of Colorado:
That May 2000, is proclaimed as Mental Health Month in Colorado. The General Assembly calls upon all citizens, government agencies, public and private entities and institutions, businesses, and schools in Colorado to recommit our state to increasing the awareness and understanding of mental illnesses and the need for appropriate and accessible services for all people with mental illness.
Laid over one day under Senate Rule 30(c), and placed on the calendar of Friday,
April 14.
SR 00-009 by Senator Dennis--Concerning recognition of the seventy-fifth anniversary of Adams State College.
WHEREAS, In 1879, Billy Adams came to the San Luis Valley at the age of 17 to begin ranching; and
WHEREAS, Billy Adams was a man of vision who became the mayor of Alamosa by the age of 20; and
WHEREAS, Billy Adams, who eventually became a Colorado legislator and Governor of the state, turned his focus to establishing a teachers' college for the communities of Alamosa and the San Luis Valley; and
WHEREAS, Billy Adams persevered for three decades before obtaining the authorization from the Colorado General Assembly to found Adams State Normal School in 1921; and
WHEREAS, Adams State Normal School was originally established to educate teachers to work in remote, rural areas, such as the San Luis Valley; and
WHEREAS, The communities of Alamosa and the San Luis Valley faithfully supported the establishment of Adams State Normal School through methods such as a significant pledge of $27,000 by Alamosa families and businesses to support Adams State operations in lieu of state funding and through the donation of books to the school's library by townspeople and faculty members; and
WHEREAS, Adams State opened on June 15, 1925, offering a 4-year college curriculum leading to a bachelor of arts degree with a life certificate to teach in the public schools of Colorado; and
WHEREAS, Adams State's first fall term in September of 1925 saw an enrollment of 42 students taught by 3 faculty members; and
WHEREAS, In the following year, enrollment at Adams State had more than tripled to 132 students; and
WHEREAS, In 1929, the General Assembly appropriated $100,000 for construction of a south wing of the administration building and in 1930 changed the name of the school to Adams State Teachers College; and
WHEREAS, In 1942, Adams State Teachers College was accredited by the American Association of Teachers Colleges; and
WHEREAS, In 1945, the General Assembly again changed the name of the school to the Adams State College of Colorado to recognize its development in fields other than teacher education; and
WHEREAS, Today, Adams State College of Colorado boasts 52 buildings on its 90-acre campus with an enrollment of over 2,500 students on campus and more than 10,000 additional students in extended studies; and
WHEREAS, Adams State College has 123 highly qualified full-time and part-time faculty members and offers bachelor of science, bachelor of arts, and masters of arts degrees, as well as associate degrees in pre-professional programs and concentrations in over 50 areas of study; and
WHEREAS, Adams State College is accredited by the North Central Association of Colleges and Secondary Schools, the National Council for Accreditation of Teacher Education, the National Association of Schools of Music, and the Council for Accreditation of Counseling and Related Educational Programs; and
WHEREAS, Among its many accolades, Adams State College has Colorado Commission on Higher Education-recognized programs of excellence in business, biology, and music; and
WHEREAS, Adams State College has received the Sears Cup for top overall Division II athletic programs in the United States; and
WHEREAS, Adams State College of Colorado has been recognized each of the last 4 consecutive years by an independent, national rating service, Institutional Research & Evaluation, Inc., as one of "America's 100 Best College Buys", which service annually evaluates colleges and universities across the United States and selects only those that meet high academic standards, but which keep costs among the lowest in the nation; and
WHEREAS, This distinction recognizes the excellent academic programs offered at Adams State College at a low cost to students; and
WHEREAS, This remarkable institution of higher education will celebrate its seventy-fifth anniversary this year; now, therefore,
Be It Resolved by the Senate of the Sixty-second General Assembly of the State of Colorado:
That we, the members of the Senate of the General Assembly, extend our congratulations to Adams State College of Colorado on its seventy-fifth anniversary and commend its faculty, staff, and students on establishing a history and tradition of educational excellence.
Be It Further Resolved, That copies of this Resolution be sent to the following persons: Dr. Tom Gilmore, president of Adams State College of Colorado; Ferris Berbig, the mayor of Alamosa; and Bob Zimmerman, the chairman of the Alamosa Board of County Commissioners.
Laid over one day under Senate Rule 30(c), and placed on the calendar of Friday,
April 14.
SR 00-010 by Senators Blickensderfer, Feeley, and Powers--Concerning introductions made on the senate floor.
Be It Resolved by the Senate of the Sixty-second General Assembly of the State of Colorado:
That Rule No. 31 (f) of the Rules of the Senate is amended to read:
31.USE OF SENATE CHAMBER
AND PRIVILEGES
(f) There shall be no introduction of visitors or groups in the Senate gallery. Introduction of guests on the floor of the Senate shall be limited to the immediate families of members, former members of the Senate, present or former elected state officials, members of Congress, elected officials of other states or the United States, and foreign dignitaries. In addition, a senator may introduce individuals who have been recognized statewide for a significant accomplishment or achievement or the members of an academic or athletic group or organization who have achieved a significant goal such as winning a league, state, or national title, competition, or championship. No introductions shall be made during deliberations by the committee of the whole or when the Senate is engaged in third reading of bills.
Laid over one day under Senate Rule 30(c), and placed on the calendar of Friday,
April 14.
SR 00-011 by Senator Dennis--Concerning the encouragement of efforts to ensure the enfranchisement of United States military and overseas citizens.
WHEREAS, There are more than six million United States citizens either in the military or residing overseas who are guaranteed the right to participate in the voting process in this country pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act; and
WHEREAS, Of those six million citizens, Colorado currently has 18,887 citizens serving in the Armed Forces, over 14,000 voting age family members of such citizens, and more than 44,000 citizens residing overseas, all of whom are eligible to vote and whose right to vote is guaranteed under the federal Uniformed and Overseas Citizens Absentee Voting Act; and
WHEREAS, Each year, a number of military and overseas citizens are disenfranchised due to time constraints related to absentee voting, confusion in the absentee voting process, late voter registration, and other problems associated with the absentee voting process in each state; and
WHEREAS, The Federal Voting Assistance Program within the United States Department of Defense works to identify ways that each state in the nation can improve its absentee voting process in order to facilitate absentee voting by military and overseas citizens and avoid disenfranchisement of those citizens; and
WHEREAS, The Federal Voting Assistance Program has identified several areas in Colorado's absentee voting process that could be changed in order to improve the process and ensure that its military and overseas citizens have the ability to participate in every election in the state; and
WHEREAS, The Colorado Secretary of State oversees the state's voting procedures and recommends changes to such procedures when necessary to improve the election process and protect the voting rights of Colorado citizens; and
WHEREAS, It is the duty of the Colorado Secretary of State to ensure that all Colorado citizens, including its military and overseas citizens, have the opportunity to participate in the statewide and local elections in the state; and
WHEREAS, The Colorado Secretary of State should consider changes to the absentee voting process in the state if necessary to guarantee the voting rights of the state's military and overseas citizens; now, therefore,
Be It Resolved by the Senate of the Sixty-second General Assembly of the State of Colorado:
(1) That the Senate encourages the Federal Voting Assistance Program to continue its efforts to ensure that every United States citizen who is in the military, is a voting age family member of a citizen in the military, or resides overseas has the ability to vote in every federal and state election in which such citizens are entitled to vote.
(2) That the Senate encourages Colorado Secretary of State Donetta Davidson to work with the Federal Voting Assistance Program and consider its suggested changes to state and local absentee voting procedures to determine whether such changes are necessary to facilitate absentee voting by Colorado military and overseas citizens.
(3) That the Senate encourages Colorado Secretary of State Donetta Davidson to make recommendations to the General Assembly regarding whether changes to state and local absentee voting procedures are necessary to ensure the enfranchisement of Colorado's military and overseas citizens.
Be It Further Resolved, That copies of this Resolution be sent to Secretary of State Donetta Davidson, the director of the Federal Voting Assistance Program within the United States Department of Defense, and each member of Colorado's delegation to the United States Congress.
Laid over one day under Senate Rule 30(c), and placed on the calendar of Friday,
April 14.
SR 00-012 by Senator Rupert--Concerning the adoption of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women by the United States Senate.
WHEREAS, The United Nations Convention on the Elimination of All Forms of Discrimination Against Women was adopted by the United Nations General Assembly on December 18, 1979, and became an international treaty on September 3, 1981; and
WHEREAS, As of March of 1999, 162 countries had ratified the Convention and the state legislatures of six states had endorsed the United States' ratification of the Convention; and
WHEREAS, The Convention provides a comprehensive framework for challenging the various forces that have created and sustained discrimination based on gender against half the world's population, and the nations in support of the present Convention have agreed to follow the prescriptions of the Convention; and
WHEREAS, The State of Colorado shares the goals of the Convention, namely affirming faith in fundamental human rights, in the dignity and worth of the human person, and in the equal rights of women; and
WHEREAS, Although women have made major gains in the struggle for equality in social, business, political, legal, educational, and other fields in this century, there is much yet to be accomplished; and
WHEREAS, The State of Colorado recognizes the greatly increased interdependence of the people of the world; and
WHEREAS, It is fitting and appropriate to support ratification of the most important international agreement affecting the lives of women throughout the world; now, therefore,
Be It Resolved by the Senate of the Sixty-second General Assembly of the State of Colorado:
1. That the citizens of Colorado recognize that we are citizens of the world, with responsibilities extending beyond the boundaries of our city, state, and nation.
2. That the Colorado Senate urges the United States Senate to ratify the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and to support the continuing goals of that Convention.
Be It Further Resolved, That copies of this Resolution be transmitted to the Secretary of the United States Senate and to each member of Colorado's Congressional delegation.
Laid over one day under Senate Rule 30(c), and placed on the calendar of Friday,
April 14.
INTRODUCTION OF MEMORIAL
The following memorial was read by title:
SJM 00-002 by Senators Teck, Chlouber and Dyer; also Representatives Smith, Gagliardi, George, Alexander, Berry, Larson and Taylor-Memorializing the members of the Congress of the United States to dedicate the Old Spanish Trail and the northern branch of the Old Spanish Trail as an historic trail.
Laid over one day under Senate Rule 30(d), and placed on the calendar of Friday,
April 14.
INTRODUCTION OF BILL
The following bill was read by title and referred to the committee indicated:
SB 00-226 by Senator Powers--Concerning reallocation of a reduced waste tire recycling development fee.
Transportation
Appropriations
INTRODUCTION OF BILLS
The following bills were read by title and referred to the committees indicated:
HB 00-1183 by Representative Vigil; also Senator Martinez--Concerning the regulation of the sport of boxing, and, in connection therewith, creating theoffice of boxing and the Colorado state boxing commission, and making an appropriation therefor.
Business Affairs & Labor
Appropriations
HB 00-1395 by Representative Smith; also Senator Blickensderfer--Concerning the creation of a task force to study privacy issues related to information policy, and, in connection therewith, to recommend legislation and administrative policies governing the collection, retention, and use of information by public and private entities.
Business Affairs & Labor
Appropriations
HB 00-1465 by Representatives Scott and Dean; also Senator Sullivant--Concerning the financial management of domestic insurance companies.
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON HB00-1326
*****************************
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 HB00-1326, concerning the "Uniform Principal and Income Act", has met and reports that it has agreed upon the following:
That the Senate recede from its amendment made to the bill, as said amendment appears in the rerevised bill, and that the following amendment be substituted therefor:
Amend reengrossed bill, page 5, after line 12, insert the following:
"(3) The terms and conditions of a trust or a will shall govern all actions taken by a fiduciary with respect to any matter within the scope of this part 4. The provisions of this part 4 are default provisions and may be expanded, restricted, eliminated, or otherwise altered by the provisions of a trust or a will. The provisions of this part 4 shall govern the administration of a trust or will by a fiduciary only if such trust or will contains no conflicting provision.
(4) Nothing in this part 4 shall be construed to limit or restrict a maker of a trust or will from making provisions in such trust or will that are different from the provisions in this part 4.".
House Committee: Senate Committee:
(Signed) (Signed)
Rep. Glenn Scott, Chairman Sen. Doug Lamborn, Chairman
Rep.William Kaufman Sen. John Evans
Rep. Jennifer Veiga Sen. Alice Nichol
TRIBUTES--A POINT OF INTEREST
Honoring Dennis Archuleta by Senator Powers
Honoring The Ball Metal Corporation by Senator Arnold and Rep. Mitchell
On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Friday,
April 14, 2000.
Approved:
Ray Powers
President of the Senate
Patricia K. Dicks
Secretary of the Senate
LC: