June 10, 1996
**WORKING VERSION--THIS HAS NOT BEEN PROOFED! USE AT YOUR OWN RISK!!**
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SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
Second Regular Session
113th Legislative Day Wednesday, April 26, 2000
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Reverend Glen Hamlyn, Rocky Mountain Cathedral, Denver.
Roll Call Present--Total, 28.
Absent/Excused--Feeley, Lacy, Perlmutter, Tanner, Tebedo, Weddig, Wham--Total, 7.
Present later--Feeley, Lacy, Perlmutter, Tanner, Tebedo, Weddig, Wham.
Quorum The President announced a quorum present.
Reading of On motion of Senator Hillman, reading of the Journal of Tuesday, April 25th was
Journal dispensed with and the Journal stands approved as corrected by the Secretary.
______________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of SJR00-021.
______________________________
CONSIDERATION OF RESOLUTION
SJR 00-021 by Sen. Pascoe; Rep. Grossman--Honoring Top-Ranked Denver High Schools
On motion of Senator Pascoe, the Resolution was adopted by the following roll call
vote:
YES 33 | | NO 0 | | EXCUSED 2 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | E | 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 | Y | Sullivant | Y | | |
Co-sponsors added: Anderson, Andrews, Arnold, Blickensderfer, Chlouber, Congrove, Dennis, Dyer, Epps, Evans, Hernandez, Hillman, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen, Perlmutter, Phillips, Powers, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.
SENATE SERVICES REPORT
Senate Correctly revised: HB 00-1012, 1063, 1069, 1083, 1142, 1153, 1214, 1235,
Services 1247, 1255, 1259, 1280, 1298, 1306, 1343, 1365.
Correctly engrossed: SB 00-225.
MESSAGE FROM THE HOUSE
The House has postponed indefinitely SB00-045. The bill is returned herewith.
Senate Journal-113th Day-April 26, 2000 Page 1
Page 1 Senate Journal-113th Day-April 26, 2000
COMMITTEE OF REFERENCE REPORTS
Finance After consideration on the merits, the committee recommends that HB00-1418 be
amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 3, line 11, strike "process";
line 12, strike "of the executive director".
Page 4, strike lines 10 through 13 and substitute the following:
"information management. The commission shall transmit information on such approved budget requests commencing with budget requests for the 2002-03 fiscal year and fiscal years thereafter to the committee as";
line 16, strike "commission; except that all such" and substitute "commission.";
strike lines 17 through 19.
Page 6, strike lines 10 through 12 and substitute the following:
"representatives and three members of the senate, two whom shall be majority party members appointed by the president of the senate and one of whom shall be a minority party member appointed by the minority leader of the senate. The initial members of the committee".
Finance After consideration on the merits, the committee recommends that HCR00-1002 be
amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed concurrent resolution, page 5, line 7, strike "ten" and substitute "two".
Page 6, line 17, strike "ten" and substitute "two".
Page 1, line 108, strike "ten" and substitute "two".
Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB00-1227
Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB00-1473
Finance After consideration on the merits, the committee recommends that the following be postponed indefinitely: SCR00-004
_______________________________
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:
______________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, SB00-227, SB00-222, SB00-220 and SB00-225 were advanced on the Third Reading calendar.
SB 00-227 by Sen. Wattenberg; Rep. McPherson--Repeal Mini Glass-Steagall Banking Law
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | | NO 1 | | EXCUSED 0 | | 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 | Y | 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 | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsor added: Lamborn.
SB 00-222 by Sen. Dennis; Rep. Lawrence--Transfer Of State Property In Pueblo
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Blickensderfer, Chlouber, Dyer, Hernandez, Martinez, Perlmutter, Powers, Rupert, Sullivant, Teck, Wattenberg, Wham.
SB 00-220 by Sen. Perlmutter; Rep. Smith--Modify Foreclosure Procedures
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsor added: Lamborn.
SB 00-225 by Sen. Wattenberg; Rep. Stengel--Landowners & Public Highway Authority
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | 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, Chlouber, Congrove, Matsunaka, Musgrave, Nichol, Powers, Sullivant, Thiebaut.
HB 00-1103 by Rep. Spradley; Senator Owen--Income Tax Rate Reduction
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | 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, Chlouber, Dennis, Hillman, Lamborn, Powers.
HB 00-1274 by Rep. Dean; Senator Owen--Tax Exclusion For Prepaid Tuition Pymnts
A majority of those elected to the Senate having voted in the affirmative, Senator Owen was given permission to offer a Third Reading amendment.
Third Reading Amendment No. 1, by Senator Owen
Amend the Appropriations Committee amendment, as printed in Senate Journal, April 24, page 1091, line 51, after "program", insert "that is affiliated with an educational institution in the state and that is".
A majority of all members elected to the Senate having voted in the affirmative, the amendment was declared ADOPTED.
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill, as amended, was declared PASSED.
Co-sponsor added: Chlouber.
HB 00-1355 by Rep. King; Senator Teck--High Technology Scholarships
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | | NO 3 | | EXCUSED 0 | | 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 | N | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | N | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | N | Mr. President | Y |
Epps | Y | Matsunaka | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Nichol, Perlmutter.
HB 00-1358 by Rep. Tool; Senator Teck--Interest On Deferred Real Prop Taxes
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Dyer, Feeley, Hernandez, Phillips, Rupert, Tebedo.
HB 00-1381 by Rep. Stengel; Senator Andrews--Diesel Emissions Testing Fee
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | | NO 2 | | EXCUSED 0 | | 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 | Y | Perlmutter | N | 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 | Y |
Epps | Y | Matsunaka | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
HB 00-1201 by Rep. McElhany; Sen. Epps--Weapon Possession By A Felon
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | | NO 1 | | EXCUSED 0 | | 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 | Y | 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 | Y | 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, Powers, Tebedo.
HB 00-1294 by Rep. Morrison; Senator Epps--Regulation Of Respiratory Therapists
The question being "Shall the bill pass?" the roll was called with the following result:
YES 27 | | NO 8 | | EXCUSED 0 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | N | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | N |
Arnold | N | Hernandez | Y | Owen | N | Teck | Y |
Blickensderfer | Y | Hillman | N | Pascoe | Y | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | N | Lamborn | N | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsor added: Hernandez.
HB 00-1256 by Rep. Johnson; Senator Epps--Home Health Services Pilot Program
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | 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, Nichol, Phillips, Rupert, Tebedo, Weddig, Wham.
HB 00-1012 by Rep. Swenson; Senator Dyer--Recouping License Plate Mailing Costs
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
HB 00-1069 by Rep. Smith; Senator Dennis--Remote Weather Systems For Aircraft
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Sullivant, Thiebaut.
HB 00-1153 by Rep. Swenson; Senator Arnold--Eliminated Privileges For Warrants
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
HB 00-1235 by Rep. Lee; Senator Arnold--Fingerprinting Of Juveniles
The question being "Shall the bill pass?" the roll was called with the following result:
YES 29 | | NO 6 | | EXCUSED 0 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | N | Nichol | Y | Tebedo | N |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | N | Rupert | N | Mr. President | Y |
Epps | Y | Matsunaka | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
HB 00-1214 by Rep. Decker; Senator Sullivant--Penalty For Firearms Straw Purchasers
The question being "Shall the bill pass?" the roll was called with the following result:
YES 27 | | NO 8 | | EXCUSED 0 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | N | Hernandez | Y | Owen | Y | Teck | N |
Blickensderfer | Y | Hillman | Y | Pascoe | N | Thiebaut | N |
Chlouber | N | Lacy | Y | Perlmutter | N | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | N | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
Epps | Y | Matsunaka | N | 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, Evans, Powers, Wham.
HB 00-1247 by Rep. Fairbank; Sen. Sullivant--Permitting Juvenile To Possess Handgun
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | | NO 3 | | EXCUSED 0 | | 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 | N | Lacy | Y | 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 | N | Mr. President | Y |
Epps | Y | Matsunaka | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
HB 00-1259 by Rep. McPherson; Senator Teck--Reduce State Sales & Use Tax Rate
A majority of those elected to the Senate having voted in the affirmative, Senator Linkhart was given permission to offer a Third Reading amendment.
Third Reading Amendment No. 1, by Senator Linkhart
Amend revised bill, page 10, line 6, strike "There" and substitute "Beginning on January 1, 2006, there".
Less than a majority of all members elected to the Senate having voted in the affirmative, the amendment was declared LOST.
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | 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, Powers, Tebedo.
HB 00-1365 by Rep. Hefley; Senator Lamborn--Clarification Regarding Monument Dam
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsor added: Chlouber.
HB 00-1255 by Rep. Alexander; Sen. Chlouber--DOW Raffle Deer, Elk, Antelope Licenses
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsor added: Powers.
HB 00-1083 by Rep. Berry; Senator Owen--Work Force Investment Act
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | | NO 1 | | EXCUSED 0 | | ABSENT 0 | |
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | N |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | 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 | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
HB 00-1306 by Rep. McPherson; Sen. Teck--Brownfield Redevelopment Incentives
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Blickensderfer, Hernandez, Lamborn, Martinez, Matsunaka, Pascoe, Perlmutter, Reeves, Sullivant, Tebedo.
HB 00-1343 by Rep. Leyba; Sen. Reeves--Prohibiting Fraud Against At-Risk Adults
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | 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, Linkhart, Martinez, Pascoe, Rupert, Sullivant, Tanner, Weddig, Wham.
HB 00-1142 by Rep. Witwer; Sen. Arnold--Require Mufflers On Jake Brakes
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | 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, Rupert, Sullivant, Tebedo, Weddig.
HB 00-1298 by Rep. Swenson; Senator Weddig--Seasonal Auto Insurance
Laid over until later in the day.
HB 00-1280 by Rep. Berry; Senator Owen--Colo State Patrol Prevailing Total Comp
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Feeley, Hernandez, Matsunaka, Perlmutter, Reeves, Rupert, Tanner, Teck.
HB 00-1063 by Rep. Young; Sen. Sullivant--Tax Credit Health Care Shortage Areas
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Blickensderfer, Chlouber, Dennis, Evans, Hernandez, Hillman, Martinez, Matsunaka, Musgrave, Owen, Pascoe, Phillips, Powers, Reeves, Rupert, Tanner, Tebedo.
_________________________
On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 36(c) was suspended for Consideration of Special Orders.
_________________________
On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB00-1257, HB00-1348, HB00-1053, HB00-1049 were made Special Orders at 9:57 a.m.
__________________________
Committee The hour of 9:27 a.m. having arrived, Senator Musgrave moved that the Senate resolve
of the itself into Committee of the Whole for consideration of Special Orders and Senator
Whole Musgrave was called to the Chair to act as Chairman.
SPECIAL ORDERS--SECOND READING OF BILLS--9:27 A.M.
The Committee of the Whole having risen, the Chairman reported that the following bills, reading at length having been dispensed with by unanimous consent, had been considered and action taken thereon as follows:
HB 00-1257 by Rep. Pfiffner; Senator Congrove--Pollution Control Tax Provisions
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 19, pages 1051-1056.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 25, pages 1104-1105.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1348 by Rep. Spradley; Senator Owen--Refunding Conservation Easement Credit
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1053 by Rep. Mitchell; Senator Blickensderfer--Income Tax Deduction For Charity
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1049 by Rep. McPherson; Senator Lacy--Make Earned Income Tax Credit Permanent
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, March 15, page 619.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 25, pages 1103-1104.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE
HB 00-1049 by Rep. McPherson; Senator Lacy--Make Earned Income Tax Credit Permanent
Senator Linkhart moved to amend the Report of the Committee of the Whole to show
that the following Linkhart floor amendment made to HB00-1049, as amended, did
pass:
Strike the Finance committee amendment, as printed in Senate Journal, March 15, page 619, lines 17 through 67.
Strike the Appropriation committee amendment, as printed in Senate Journal, April 25, page 1103, lines 38 through 72.
Page 1104, lines 1 through 10.
The motion was declared LOST by the following roll call vote:
YES 15 | | NO 19 | | EXCUSED 0 | | ABSENT 1 | |
Anderson | N | Evans | N | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | Y | Tebedo | N |
Arnold | N | Hernandez | Y | Owen | N | Teck | N |
Blickensderfer | N | Hillman | N | Pascoe | Y | Thiebaut | Y |
Chlouber | N | Lacy | N | Perlmutter | Y | Wattenberg | A |
Congrove | N | Lamborn | N | Phillips | Y | Weddig | Y |
Dennis | N | Linkhart | Y | Reeves | Y | Wham | N |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | N |
Epps | N | Matsunaka | Y | Sullivant | N | | |
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE
On motion of Senator Musgrave, 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:
HB00-1348, HB00-1053 declared passed on Second Reading.
HB00-1257, as amended; HB00-1049 as amended, declared passed on Second Reading.
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of House amendments to Senate Bill 00-124.
______________________________
CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILL
SB 00-124 by Sen. Andrews; Rep. Tapia--Read-To-Achieve Program
Senator Andrews moved that the Senate not concur in House amendments to SB 00-124, as printed in House Journal, April 24, pages 1667-1668, and that a Conference Committee be appointed.
A majority of all members elected to the Senate having voted in the affirmative, the motion was adopted.
The President appointed Senators Andrews, Chairman, Anderson and Hernandez as Senate Conferees on the First Conference Committee on SB00-124.
Senator Andrews moved that the Senate Conferees on the First Conference Committee on SB00-124 be given the powers to go beyond the scope of the differences between the two Houses.
A majority of all members elected to the Senate having voted in the affirmative, the motion was adopted.
______________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of HJR00-1005.
______________________________
CONSIDERATION OF RESOLUTION
HJR 00-1005 by Rep. Morrison; Senator Perlmutter--Concerning brain injury awareness in Colorado.
(Printed in House Journal, February 15, pages 502-503.)
Amendment No. 1, by Senator Perlmutter
Amend joint resolution, as printed in House Journal, February 15, page 503, after line 9, insert the following:
"Be it further resolved, That the Colorado Department of Human Services is requested to submit to the General Assembly, by December 1, 2000, the results of the study it is currently conducting of the needs of, and resources available to persons with brain injuries and their families. The Department is conducting this study with support from a federal grant in cooperation with its Brain Injury Advisory Council, the Brain Injury Association of Colorado, and the various state agencies involved in brain injury awareness.".
A majority of all members elected to the Senate having voted in the affirmative, the amendment was declared ADOPTED.
On motion of Senator Perlmutter, the Resolution, as amended, was ADOPTED by the
following roll call vote:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | Sullivant | Y | | |
Co-sponsors added: Anderson, Andrews, Arnold, Blickensderfer, Chlouber, Congrove, Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Phillips, Powers, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.
___________________
SENATE SERVICES REPORT
Senate Correctly revised: HB 00-1049, 1053, 1257, 1348; HJR 00-1005.
Services
Correctly engrossed: SJR 00-021.
COMMITTEE OF REFERENCE REPORTS
Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under
Natural consideration and has had a hearing on the following appointments and recommends
Resources, that the appointments be confirmed:
and Energy
WATER QUALITY CONTROL COMMISSION
for terms expiring February 15, 2003:
Richard C. Kraft of Fort Morgan, Colorado to serve as a Republican, appointed;
Tai-Dan Hsu of Morrison, Colorado to serve as a Republican, appointed;
Robert T. Sakata of Brighton, Colorado to serve as a Republican, reappointed.
Health, After consideration on the merits, the committee recommends that SB00-223 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
Amend printed bill, page 3, line 21, strike "board. which The policy board" and substitute "board which";
line 22, strike "specified";
strike lines 23 and 24 and substitute the following:
"as if it were transferred to said department by a type 1".
Page 5, line 20, strike "The" and substitute "If sufficient private donations are received, the".
Page 8, line 13, strike "C.R.S." and substitute "C.R.S.; except that the department may modify the basic and standard health benefit plans to meet specific federal requirements or to accommodate those changes necessary for a program designed specifically for children.";
line 17, strike "income" and substitute "income.";
line 18, strike "during the previous three months." and substitute "during the previous three months.".
Page 16, strike lines 20 through 26.
Renumber succeeding section accordingly.
Health, After consideration on the merits, the committee recommends that HB00-1342 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
Amend reengrossed bill, page 7, line 21, strike "director" and substitute "director, to the Tony Grampsas youth services board,";
line 26, strike "director" and substitute "director, to the Tony Grampsas youth services board,".
Page 8, strike lines 23 through 25 and substitute the following:
"through said programs, awarding grants based on such applications, and notifying the state board of health of the grants awarded and the amounts of said grants;".
Page 10, line 5, strike "section" and substitute "article 3.5 of title 19, C.R.S.";
strike line 6;
line 26, strike "governor" and substitute "governor, the Tony Grampsas youth services board,".
Page 12, line 3, after "to", insert "private for-profit and non-profit providers and";
line 13, strike "governor" and substitute "governor, the Tony Grampsas youth services board,";
after line 13, insert the following:
"(3) In preparing the state plan and biennial revisions to the state plan, the division shall hold at least two public meetings to receive input from members of the public and from state agencies and entities operating preventing, intervention, and treatment programs.";
line 14, strike "(3)" and substitute "(4)".
Page 13, line 5, strike "(3)" and substitute "(4)";
line 8, after the period, insert "In adopting such rules, the board shall take into account prevention, intervention, and treatment services programs' need for responsiveness and flexibility and their need for procedures and standards that will ensure the provision of programs that meet a high standard of excellence.".
Page 15, line 17, strike "and awarding of grants through";
line 21, strike "article." and substitute "article or as specified by executive order.";
strike lines 24 through 26 and substitute the following:
"(a) To review grants made by the division through the prevention and intervention programs operated by the division;".
Page 16, strike line 1;
line 3, before "to", insert "and local elected officials".
Page 23, line 11, strike "July" and substitute "August".
Page 26, strike line 7 and substitute the following:
"two members appointed by the president of the senate and one member appointed by the minority leader of the senate. For the";
line 10, after "president", insert "and the minority leader";
line 19, after "president", insert "and the minority leader";
line 25, after "president", insert "and the minority leader".
Page 27, line 18, strike "(I)".
Page 28, strike lines 7 through 13.
Page 39, strike lines 23 through 26.
Strike pages 40 through 43.
Page 44, strike lines 2 through 4;
strike lines 14 and 15.
Renumber succeeding sections accordingly.
Page 46, strike lines 18 through 26.
Page 47, strike lines 1 through 21.
Renumber succeeding sections accordingly.
Page 48, strike lines 19 through 25.
Page 49, line 4, strike "six hundred ninety thousand" and substitute "two hundred eighty-six thousand";
line 5, strike "($10,690,946)" and substitute "($10,286,946)";
strike lines 7 and 8 and substitute the following:
"from the general fund; one million";
strike lines 11 and 12 and substitute the following:
"reserves.".
Health, After consideration on the merits, the committee recommends that the following be
Environment, postponed indefinitely: SB00-228
Welfare and
Institutions
Finance After consideration on the merits, the committee recommends that HB00-1440 be
amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 1, strike lines 2 and 3 and substitute the following:
"SECTION 1. 24-79-102 (2) (b), Colorado Revised Statutes, is amended, and the said 24-79-102 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:".
Page 2, strike line 4 and substitute the following:
"services, whether offered separately or as part of a package or bundle of services; or";
after line 8, insert the following:
"(2) As used in this section:
(b) "Internet access services" means services that provide or enable computer access by multiple users to the internet, but shall not include that portion of packaged or bundled services providing phone or television cable services when the package or bundle includes the sale of internet access services.";
strike lines 10 through 12 and substitute the following:
"SECTION 2. 29-1-1001 (3) (b), Colorado Revised Statutes, is amended, and the said 29-1-1001 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:".
Page 3, after line 8, insert the following:
"(3) As used in this section:
(b) "Internet access services" means services that provide or enable computer access by multiple users to the internet, but shall not include that portion of packaged or bundled services providing phone or television cable services when the package or bundle includes the sale of internet access services.
(4) (a) The general assembly hereby finds, determines, and declares that:
(I) Access to the internet insures access to information and government services, therefore, it is crucial that all people living in Colorado have equal access to the internet regardless of economic standing, educational background, or location. It is in the state's interest to ensure that local governments do not impose taxes on internet access, as such local taxation would inhibit equal access to the internet and on-line services for the people living in any local jurisdiction that imposes an internet access tax.
(II) Any tax on internet access imposed by a local government would present uniquely challenging issues for the internet service providers required to collect that tax. Such issues include, but are not limited to, tracking which local governments impose a tax, ascertaining the location of every customer, and determining the customers from which a tax must be collected. These logistical concerns may result in an internet service provider refusing to offer service to customers living in local jurisdictions that impose a tax on internet access.
(III) The promotion of economic development is of the utmost importance for Colorado. To foster the state's economic growth, Colorado strives to become a center for electronic commerce and taxing internet access on the state or local level would impede that goal.
(b) The general assembly further finds, determines, and declares that the imposition, assessment, or collection of any tax, fee, or charge, however designated, upon the direct charges for the provision of internet access service is a matter of statewide concern and the provisions of this section shall preempt any provisions of any local government ordinance, resolution, regulation, or other restriction to the contrary.".
April 26, 2000
Mr. President:
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB00-1491.
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB00-1487, amended as printed in House Journal, April 25, page 1757.
HB00-1489, amended as printed in House Journal, April 25, page 1757.
The House has passed on Third Reading and returns herewith SB00-020, 044, 137, 158, 170, 185,194, 193, 206, 208, 209, 211 .
The House has passed on Third Reading and transmitted to the Revisor of Statutes;
SB00-016, amended as printed in House Journal, April 25, page 1732.
SB00-019, amended as printed in House Journal, April 25, page 1736.
SB00-042, amended as printed in House Journal, April 25, pages 1736-1737.
SB00-049, amended as printed in House Journal, April 25, page 1737.
SB00-054, amended as printed in House Journal, April 25, page 1738.
SB00-085, amended as printed in House Journal, April 25, page 1737.
SB00-122, amended as printed in House Journal, April 25, page 1737.
SB00-140, amended as printed in House Journal, April 25, pages 1738-1739.
SB00-146, amended as printed in House Journal, April 25, pages 1737-1738.
SB00-164, amended as printed in House Journal, April 25, page 1732.
SB00-174, amended as printed in House Journal, April 25, page 1733.
SB00-177, amended as printed in House Journal, April 25, page 1758.
SB00-180, amended as printed in House Journal, April 25, pages 1739-1740.
SB00-184, amended as printed in House Journal, April 25, page 1740.
SB00-204, amended as printed in House Journal, April 25, pages 1756-1757.
SB00-207, amended as printed in House Journal, April 25, page 1733.
SB00-210, amended as printed in House Journal, April 25, pages 1733-1734.
SB00-218, amended as printed in House Journal, April 25, page 1761.
The House has adopted and transmits herewith HJR00-1054, as printed in House Journal, April 13, pages 1525-1526, and amended as printed in House Journal, April 26.
INTRODUCTION OF BILLS
The following bills were read by title and referred to the committees indicated:
HB 00-1454 by Representatives Dean, McPherson, Pfiffner and Scott; also Senator Feeley--Concerning the creation of the structured settlement financing corporation, and, in connection therewith, authorizing the corporation and the state treasurer to enter into an agreement that would allow the corporation to purchase the state's right to receive all or any portion of the tobacco litigation settlement damages payments scheduled to be received by the state before a specified date.
HB 00-1468 by Representatives Paschall, May, Fairbank, Hefley, Mitchell, Nunez, Scott and Sinclair; also Senators Lamborn, Andrews, Arnold, Congrove, Hillman and Teck--Concerning the use of fetal tissue from induced termination of pregnancy.
State, Veterans, & Military Affairs
________________________
COMMITTEE OF REFERENCE REPORTS
Judiciary The Committee returns herewith SB00-166 and reports that said bill has been
considered on its merits and voted upon by the committee in accordance with Senate
Rules, that the deadline applicable to committees under Joint Rule 23 (a) (1) has passed,
that final action has not been taken by this committee within said deadline, and that the
Committee on Delayed bills has not waived said deadline. Pursuant to Joint Rule
23 (a) (3) (A), said bill is deemed to be postponed indefinitely.
Judiciary The Committee returns herewith HB00-1289 and reports that said bill has been
considered on its merits and voted upon by the committee in accordance with Senate
Rules, that the deadline applicable to committees under Joint Rule 23 (a) (1) has passed,
that final action has not been taken by this committee within said deadline, and that the
Committee on Delayed bills has not waived said deadline. Pursuant to Joint Rule
23 (a) (3) (A), said bill is deemed to be postponed indefinitely.
Judiciary The Committee returns herewith HB00-1165 and reports that said bill has been
considered on its merits and voted upon by the committee in accordance with Senate
Rules, that the deadline applicable to committees under Joint Rule 23 (a) (1) has passed,
that final action has not been taken by this committee within said deadline, and that the
Committee on Delayed bills has not waived said deadline. Pursuant to Joint Rule
23 (a) (3) (A), said bill is deemed to be postponed indefinitely.
Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: HB00-1160
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: HB00-1466
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee on Appropriations: HB00-1476
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs postponed indefinitely: SJR00-018
and Labor
Business After consideration on the merits, the committee recommends that HB00-1435 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend reengrossed bill, page 19, after line 26, insert the following:
"(65) "Production-money crops" means crops that secure a production-money obligation incurred with respect to the production of those crops.
(66) "Production-money obligation" means an obligation of an obligor incurred for new value given to enable the debtor to produce crops if the value is in fact used for the production of crops.
(67) "Production of crops" includes tilling and otherwise preparing land for growing, planting, cultivating, fertilizing, irrigating, harvesting, and gathering crops, and protecting them from damage or disease.".
Renumber succeeding paragraphs accordingly.
Page 28, after line 3, insert the following:
"4-9-103.5. "Production-money crops" - "production-money obligation" - production-money security interest - burden of establishing. (a) A security interest in crops is a production-money security interest to the extent that the crops are production-money crops.
(b) If the extent to which a security interest is a production-money security interest depends on the application of a payment to a particular obligation, the payment must be applied:
(1) In accordance with any reasonable method of application to which the parties agree;
(2) In the absence of the parties' agreement to a reasonable method, in accordance with any intention of the obligor manifested at or before the time of payment; or
(3) In the absence of an agreement to a reasonable method and a timely manifestation of the obligor's intention, in the following order:
(A) To obligations that are not secured; and
(B) If more than one obligation is secured, to obligations secured by production-money security interests in the order in which those obligations were incurred.
(c) A production-money security interest does not lose its status as such, even if:
(1) The production-money crops also secure an obligation that is not a production-money obligation;
(2) Collateral that is not production-money crops also secures the production-money obligation; or
(3) The production-money obligation has been renewed, refinanced, or restructured.
(d) A secured party claiming a production-money security interest has the burden of establishing the extent to which the security interest is a production-money security interest.".
Page 32, strike lines 8 through 11 and substitute the following:
"(2) A statute of this state governs or a constitutional provision provides authority for the creation, perfection, priority, or enforcement of tax liens;".
Page 34, after line 17, insert the following:
"(e) The creation, perfection, priority, and enforcement of a security interest, lien, or pledge created by this state or a governmental unit of this state shall be governed by section 11-57-208 (2), C.R.S., and this article shall not apply to such a security interest, lien, or pledge regardless of whether, pursuant to section 11-57-204 (1), C.R.S., the state or such governmental unit elected to apply part 2 of article 57 of title 11, C.R.S., to such a security interest, lien, or pledge.".
Page 82, after line 18, insert the following:
"4-9-324.5. Priority of production-money security interests and agricultural liens. (a) Except as otherwise provided in subsections (c), (d), and (e) of this section, if the requirements of subsection (b) of this section are satisfied, a perfected production-money security interest in production-money crops has priority over a conflicting security interest in the same crops and, except as otherwise provided in section 4-9-327, also has priority in their identifiable proceeds.
(b) A production-money security interest has priority under subsection (a) of this section if:
(1) The production-money security interest is perfected by filing when the production-money secured party first gives new value to enable the debtor to produce the crops;
(2) The production-money secured party sends an authenticated notification to the holder of the conflicting security interest not less then ten or more than thirty days before the production-money secured party first gives new value to enable the debtor to produce the crops if the holder had filed a financing statement covering the crops before the date of the filing made by the production-money secured party; and
(3) The notification states that the production-money secured party has or expects to acquire a production-money security interest in the debtor's crops and provides a description of the crops.
(c) Except as otherwise provided in subsection (d) or (e) of this section, if more than one security interest qualifies for priority in the same collateral under subsection (a) of this section, the security interests rank according to priority in time of filing under section 4-9-322 (a).
(d) To the extent that a person holding a perfected security interest in production-money crops that are the subject of a production-money security interest gives new value to enable the debtor to produce the production-money crops and the value is in fact used for the production of the production-money crops, the security interests rank according to priority in time of filing under section 4-9-322 (a).
(e) To the extent that a person holds both an agricultural lien and a production-money security interest in the same collateral securing the same obligations, the rules of priority applicable to agricultural liens govern priority.".
MESSAGE FROM THE REVISOR
April 26, 2000
We herewith transmit:
without comment, HB00-1491; and
without comment, as amended, SB00-016, 019, 042, 049, 054, 085, 122, 140, 146, 164, 174, 177, 180, 184, 204, 207, 210, 218, HB00-1487, and 1489.
INTRODUCTION OF BILLS
The following bills were read by title and referred to the committees indicated:
HB 00-1487 by Representatives Mitchell, Fairbank, Gotlieb, Grossman, King, McKay, Paschall, Pfiffner, Scott, Spradley and Veiga; also Senators Blickensderfer, Feeley and Phillips--Concerning information disclosed to retail customers of electricity by electric utilities.
Agriculture, Natural Resources, and Energy
HB 00-1489 by Representative Williams T.; also Senator Blickensderfer--Concerning business entities.
HB 00-1491 by Representative Alexander; also Senator Epps--Concerning appropriations for the western slope veterans' cemetery.
State, Veterans, & Military Affairs
Appropriations
Call of Call of Senate.
Senate
___________________
Committee On motion of Senator Musgrave, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Musgrave 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:
SB 00-173 by Sen. Evans; Rep. Gotlieb--State Charter Schools
Laid on the table.
HB 00-1124 by Rep. King; Senator Andrews--Public School Auth For Const & Transp
Laid over until Thursday, April 27, retaining its place on the calendar.
HB 00-1446 by Rep. McPherson; Senator Hillman--Host Home Provider Exclusion
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1417 by Rep. Smith; Senator Wattenberg--Fees For Mining Reclamation
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, April 18, page 1038.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1345 by Rep. Spradley; Senator Musgrave--Installation Of Manufactured Homes
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, April 18, page 1038-1039.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see page 1157 where the Musgrave amendment to the
Report of the Committee of the Whole was adopted.)
HB 00-1178 by Rep. Larson; Senator Musgrave--Special Mobile Machinery Tax
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1065 by Rep. Spradley; Senator Wattenberg--Oil & Gas Severance Tax
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1420 by Rep. McElhany; Sen. Wattenberg--Resort Complex Liquor License
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1086 by Rep. Gotlieb; Senator Musgrave--Offset For Social Security
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1323 by Rep. Hoppe; Senator Wattenberg--Special License Plate For Ag & Nat Res
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, April 18, page 1039.)
Amendment No. 2, by Senator Dennis
Amend reengrossed bill, page 2, line 18, after the period, add "Said design shall resemble the lone cowboy from Walden sowing his seeds and growing our future, Senator Dave Wattenberg.".
Amendment No. 3, by Senator Phillips
Amend reengrossed bill, page 2, line 18, after the period, add "Said design shall be that of former state senator, Richard Soash, with such resemblance being that of a younger profile with his favorite Stetson atop his head.".
Amendment No. 4, by Senator Wham
Amend reengrossed bill, page 2, line 18, after the period, add "Said design shall be the face of the "Mutha of Colorado Agriculture" A.K.A. Senator Dave Wattenberg, dressed as Mildred.".
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1093 by Rep. Kester; Senator Anderson--Life & Health Ins Protection Act
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1116 by Rep. George; Senator Wham--Fraud Against Seniors
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1375 by Rep. Kaufman; Senator Lamborn--Uniform Guardianship & Prot Proceedings
Amendment No. 1, by Senator Lamborn
Amend reengrossed bill, page 60, strike lines 14 through 19.
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1422 by Rep. Leyba; Senator Perlmutter--Animal Cruelty Prevention Fund
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, April 18, page 1040.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1330 by Rep. Gordon; Sen. Perlmutter--Cruelty To Animals
Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment
(Printed in Senate Journal, March 3, page 478.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
SCR 00-007 by Sen. Rupert--Renovation of State Capitol Building
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, April 7, page 886.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
HB 00-1437 by Rep. George; Sen. Chlouber--Rural Transportation Authorities
Laid over until Thursday, April 27, retaining its place on the calendar.
HB 00-1136 by Rep. Tapia; Sen. Thiebaut--Learning Improvement Grants
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1474 by Rep. Larson; Senator Dennis--COGCC Financial Assurance Moneys
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1460 by Rep. Hoppe; Senator Hillman--Dept Of Natural Resources Divisions
Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment
(Printed in Senate Journal, April 19, page 1065.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1465 by Rep. Scott; Senator Sullivant--Financial Management Of Domestic Ins
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, April 19, pages 1068-1069.)
Amendment No. 2, by Senator Sullivant
Amend reengrossed bill, page 3, line 22, strike "securities commissioners" and substitute "insurance commissioners".
Page 4, line 26, strike "securities commissioners" and substitute "insurance commissioners".
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1456 by Rep. Paschall; Senator Wattenberg--Notify Named Insured Parties
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, April 19, page 1069.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1467 by Rep. Stengel; Sen. Tebedo--Direct Record Electronic Voting Machines
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1434 by Rep. McElhany; Senator Tebedo--Reporting To The General Assembly
Amendment No. 1, by Senator Tebedo
Amend reengrossed bill, page 16, strike lines 3 through 9.
Renumber succeeding sections accordingly.
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
SCR 00-010 by Sen. Tanner--General Assembly Term Limits
Ordered engrossed and placed on the calendar for Third Reading and Final Passage.
HB 00-1433 by Rep. Kaufman; Sen. Lamborn--Fiduciary Transactions
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, April 19, page 1069.)
Amendment No. 2, by Senator Lamborn
Amend reengrossed bill, page 2, line 12, strike "an" and substitute "a".
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1394 by Rep. McPherson; Sen. Blickensderfer--Prevent Voter Fraud
(Amended in General Orders as printed in Senate Journal, March 24, pages 735-736.)
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, April 11, page 929.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1033 by Rep. Tool; Senator Anderson--Study Of Mentally Ill Offenders
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, April 12, page 963.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1261 by Rep. Johnson; Senator Anderson--State Parks Board Fee-setting Authority
Laid over until Thursday, April 27, retaining its place on the calendar.
HB 00-1419 by Rep. Young; Senator Dennis--CWCB Construction Fund Projects
Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment
(Printed in Senate Journal, April 7, pages 887-888.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1067 by Rep. Paschall; Senator Evans--Alternative Fuels Incentives
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1263 by Rep. Tool; Senator Evans--Domestic Violence Offender Management
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1111 by Rep. Miller; Sen. Blickensderfer--Identity Theft
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, April 18, page 1037.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1042 by Rep. Larson; Senator Dyer--Purple Heart License Plate Fees
Amendment No. 1, Transportation Committee Amendment
(Printed in Senate Journal, April 12, page 961.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1393 by Rep. Ragsdale; Senator Dyer--Special License Plate Weight Increase
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1232 by Rep. Stengel; Sen. Sullivant--Sex Offender Database On Internet
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, April 18, page 1038.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1337 by Rep. Tool; Sen. Lacy--Selective Repeal Of Reports To GA
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1174 by Rep. Tool; Senator Lacy--Elim Legal Rep For Partially Indigent
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, March 16, page 648.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1317 by Rep. Tool; Senator Anderson--Provisions Affecting Sex Offenders
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, April 18, pages 1036-1037.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 24, page 1096.)
Amendment No. 3, by Senator Anderson
Amend the Appropriations Committee amendment, as printed in Senate Journal, April 24, page 1096, line 61, strike "one hundred" and substitute "two hundred eighteen thousand four hundred seventy-six dollars ($218,476).".";
strike line 62.
Amendment No. 4, by Senator Anderson
Amend reengrossed bill, page 26, strike lines 12 and 13 and substitute the following:
"effect July 1, 2000, and sections".
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1389 by Rep. Lawrence; Senator Wham--Medicaid Waiver Program For Autism
Laid over until Thursday, April 27, retaining first place on the calendar.
HB 00-1107 by Rep. Kaufman; Senator Wham--Substantive Criminal Omnibus
Laid over until Thursday, April 27, retaining second place on the calendar.
HB 00-1350 by Rep. Berry; Senator Anderson--Passenger Tramways Tax Exemption
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1371 by Rep. Alexander; Sen. Anderson--Families In The Court System
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, April 24, page 1087.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1072 by Rep. Mace; Sen. Epps--Older Coloradans' Act
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1133 by Rep. Kaufman; Sen. Wham--DOC Changes
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, April 19, pages 1070-1077.)
Amendment No. 2, by Senator Wham
Amend reengrossed bill, page 31, line 10, strike "record, in a book for that" and substitute "record in a book for that";
line 11, strike "purpose," and substitute "purpose".
Page 35, line 26, strike "department" and substitute "division".
Page 46, after line 13, insert the following:
"SECTION 59. 16-3-107.5 (3) (b), Colorado Revised Statutes, is amended, and the said 16-3-107.5 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
16-3-107.5. Transportation of prisoners. (3) Whenever a prisoner is transported by a contracting entity, the prisoner:
(b) Shall wear a seat belt;
(3.5) Any vehicle in which one or more prisoners are being transported by a contracting entity shall only contain as many individuals as the vehicle was designed to carry.".
Renumber succeeding section accordingly.
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1166 by Rep. Grossman; Senator Wham--DNA Testing Of Certain Offenders
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1158 by Rep. Veiga; Sen. Wham--Domestic Violence
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, April 18, pages 1040-1041.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1429 by Rep. Hoppe; Senator Teck--Funding Species Conservation Trust Fund
Laid over until Thursday, April 27, retaining its place on the calendar.
HB 00-1100 by Rep. Taylor; Senator Tebedo--Reimburse Counties For Elections
Laid over until Thursday, April 27, retaining its place on the calendar.
HB 00-1246 by Rep. Tupa; Senator Epps--Safety Standards For Body Art Facilities
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1134 by Rep. McElhany; Sen. Epps--Exclusion From Resident Individual
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, Februry 10, page 253.)
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE
HB 00-1345 by Rep. Spradley; Senator Musgrave--Installation Of Manufactured Homes
Senator Musgrave moved to amend the Report of the Committee of the Whole to
show that the following Musgrave floor amendment made to HB00-1345, as amended,
did pass:
Amend reengrossed bill, page 16, strike lines 8 and 9, and substitute the
following:
"Section 6-1-105 (1) (rr), THE COURT MAY AWARD REASONABLE COSTS
OF THE ACTION AND ATTORNEY FEES AND INTEREST, AND IN ADDITION, THE''.
A majority of all members elected to the Senate having voted in the affirmative, the amendment was declared ADOPTED.
HB 00-1419 by Rep. Young; Senator Dennis--CWCB Construction Fund Projects
Senator Andrews moved to amend the Report of the Committee of the Whole to
show that the following Andrews floor amendment made to HB00-1419, as amended,
did pass:
Amend the committee amendment, as printed in Senate Journal, April 7, page 888, strike line 43 and substitute the following:
"completed.
SECTION 25. Infrastructure study - appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the Colorado water conservation board construction fund not otherwise appropriated, to the Colorado water conservation board, the sum of one hundred fifty thousand dollars ($150,000), or so much thereof as may be necessary, for the board to complete a study of anticipated population growth by the year 2020 and the availability of water for beneficial consumptive use under the state river compact entitlements to meet water supply demands. The Colorado water conservation board in consultation with the special water committee of the general assembly is hereby authorized and directed to complete such study by December 15, 2002. The sources of supply analyzed to meet the water supply demands shall not include agricultural water rights representing agricultural land taken out of production. As part of the study, the board shall determine what additional infrastructure should be developed, in the opinion of the board, in order to meet water supply demands of at least one hundred fifty thousand (150,000) acre feet of water per year delivered to areas of the state with identified municipal and industrial needs. The study shall also analyze the rate and extent at which the states of Arizona, California, Nevada, New Mexico, Utah, and Wyoming are developing infrastructure enabling them to beneficially use Colorado water.
(2) The moneys appropriated in subsection (1) of this section shall remain available for the designated purposes until the project is completed.".".
Call of Call of Senate.
Senate
The motion was declared LOST by the following roll call vote:
YES 11 | | NO 24 | | EXCUSED 0 | | ABSENT 0 | |
Anderson | N | Evans | Y | Musgrave | N | Tanner | N |
Andrews | Y | Feeley | N | Nichol | N | Tebedo | Y |
Arnold | Y | Hernandez | N | Owen | N | Teck | N |
Blickensderfer | Y | Hillman | Y | Pascoe | N | Thiebaut | N |
Chlouber | N | Lacy | N | Perlmutter | N | Wattenberg | N |
Congrove | Y | Lamborn | Y | Phillips | N | Weddig | Y |
Dennis | N | Linkhart | N | Reeves | N | Wham | N |
Dyer | N | Martinez | N | Rupert | N | Mr. President | Y |
Epps | Y | Matsunaka | N | Sullivant | N | | |
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE
On motion of Senator Musgrave, the Report of the Committee of the Whole, as amended, was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:
SCR00-010, HB00-1446, HB00-1178, HB00-1065, HB00-1420, HB00-1086, HB00-1093,
HB00-1116, HB00-1136, HB00-1474, HB00-1467, HB00-1067, HB00-1263,
HB00-1393, HB00-1337, HB00-1350, HB00-1072, HB00-1166, HB00-1246 declared passed on Second Reading.
SCR00-007, as amended; HB00-1417, as amended; HB00-1345, as amended; HB00-1323,
as amended; HB00-1375, as amended; HB00-1422, as amended; HB00-1330, as amended; HB00-1460, as amended; HB00-1465, as amended; HB00-1456, as amended; HB00-1434, as amended; HB00-1433, as amended; HB00-1394, as amended; HB00-1033, as amended; HB00-1419, as amended; HB00-1111, as amended; HB00-1042, as amended; HB00-1232, as amended; HB00-1174, as amended; HB00-1317, as amended; HB00-1371, as amended; HB00-1133, as amended; HB00-1158, as amended; HB00-1134, as amended, declared passed on Second Reading.
SB00-173 laid on the table. HB00-1124, HB00-1437, HB00-1261, HB00-1389, HB00-1107, HB00-1429, HB00-1100, laid over until Thursday, April 27, retaining their place on the calendar.
THIRD READING OF BILL--FINAL PASSAGE
On Third Reading, the title of the following bill was publicly read, the reading at length having been dispensed with by unanimous consent:
HB 00-1298 by Rep. Swenson; Senator Weddig--Seasonal Auto Insurance
A majority of those elected to the Senate having voted in the affirmative, Senator Weddig was given permission to offer a Third Reading amendment.
Third Reading Amendment No. 1, by Senator Weddig
Amend revised bill, page 2, line 17, after "owner", insert "or a member of the owner's family residing at the same address as the owner";
line 18, strike "(c)" and substitute "(c)";
line 19, strike "vehicle owned and" and substitute "vehicle.";
strike line 20.
A majority of all members elected to the Senate having voted in the affirmative, the amendment was declared ADOPTED.
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
YES 35 | | NO 0 | | EXCUSED 0 | | 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 | Y | 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 | Y | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill, as amended, was declared PASSED.
COMMITTEE OF REFERENCE REPORTS
Business After consideration on the merits, the committee recommends that SB00-214 be
Affairs amended as follows and, as so amended, be referred to the Committee on Appropriations
and Labor with favorable recommendation:
Amend printed bill, page 1, after line 1, insert the following:
"SECTION 1. Legislative declaration. The general assembly hereby finds, determines, and declares that the number of signatures
required on an initiative petition as provided in section 1-40-109 (1), Colorado Revised Statutes, is based upon population in accordance with statewide totals. The general assembly further declares that the requirement for these signatures is not designed to directly or indirectly limit, curtail, or destroy the right reserved by the people to propose laws by petition but is intended to facilitate the process.".
Renumber succeeding sections accordingly.
Page 2, line 5, strike "sixty-five" and substitute "fifty-five";
line 9, strike "and Yuma;" and substitute "Yuma, and, on and after November 15, 2001, Broomfield;";
line 10, strike "twenty percent" and substitute "ten thousand";
line 15, strike "ten percent" and substitute "five thousand";
line 21, strike "five percent" and substitute "two thousand";
after line 24, insert the following:
SECTION 3. Effective date. This act shall take effect January 1, 2001.".
Renumber succeeding section accordingly.
Judiciary The Committee returns herewith HB00-1327 and reports that said bill has been
considered on its merits and voted upon by the committee in accordance with Senate
Rules, that the deadline applicable to committees under Joint Rule 23 (a) (1) has passed,
that final action has not been taken by this committee within said deadline, and that the
Committee on Delayed bills has not waived said deadline. Pursuant to Joint Rule
23 (a) (3) (A), said bill is deemed to be postponed indefinitely.
Approp- After consideration on the merits, the committee recommends that SB00-219 be
riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 3, strike lines 22 through 26.
Strike pages 4 through 11.
Page 12, strike lines 1 through 21.
Renumber succeeding C.R.S. sections accordingly.
Page 13, line 5, strike "24-48.5-106" and substitute "24-48.5-404".
Page 15, line 16, strike "Colorado existing industry training program -";
strike lines 25 and 26.
Page 16, strike lines 1 through 4.
Reletter succeeding paragraphs accordingly.
Page 16, line 6, strike "as" and, after "commission", insert "currently";
line 8, strike "as";
line 9, after "commission", insert "currently";
line 10, strike "Colorado customized";
strike line 11;
line 12, strike "commission," and substitute "commission".
Page 17, line 2, strike "Colorado customized training";
strike line 3 and substitute the following:
"motion";
line 4, strike "commission," and substitute "commission";
strike lines 9 and 10, and substitute the following:
"(4) Whenever the motion picture";
line 11, strike "commission," and substitute "commission";
line 17, strike "Colorado customized training";
strike line 18 and substitute the following:
"motion";
line 19, strike "commission," and substitute "commission".
Page 18, after line 1, insert the following:
"(5) On and after July 1, 2000, the Colorado office of economic development shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations previously vested in the department of local affairs concerning the joint administration of the Colorado customized training program, a program within the state board for community colleges and occupational education.
SECTION 4. 23-60-306 (3) (a), Colorado Revised Statutes, is amended, and the said 23-60-306 is further amended BY THE ADDITION OF A NEW SUBSECTION to read:
23-60-306. Colorado customized training program - creation - policy - functions of the state board for community colleges and occupational education. (3) (a) There is hereby created the Colorado customized training program within the board. Except as otherwise provided in subsection (6) of this section, said program shall be operated as a joint effort with the department of local affairs and in cooperation with the department of labor and employment, the department of human services, and state and local education agencies.
(6) On and after July 1, 2000, the Colorado office of economic development shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations previously vested in the department of local affairs under this section.
SECTION 5. 23-60-307 (3) (a), the introductory portion to 23-60-307 (3) (b), and 23-60-307 (4) Colorado Revised Statutes, are amended to read:
23-60-307. Colorado existing industry training program - creation - policy - functions of the state board for community colleges and occupational education. (3) (a) There is hereby created the Colorado existing industry training program within the state board for community colleges and occupational education. Said program shall be jointly administered by the state board of community colleges and occupational education and the Colorado office of economic development in cooperation with the department of local affairs, department of labor and employment, governor's job training office, state and local education agencies and private industry councils (in the planning and review process), and approved joint apprenticeship programs.
(b) The program shall provide training or retraining workers for companies being affected by major technological change or for situations where training is deemed crucial for the company and for worker retention. The program shall give first priority to Colorado-based industries which are being affected by technological change, causing a decline in business which may result in dislocation of its work force by imminent layoffs which may impact the community where the company is located. No preference in selection shall be given based on the location of a business in the state. The determinations required by this paragraph (b) shall be made after considering the financial condition of applicant companies, on-site visits to applicant companies, and joint evaluations thereof by the state board for community colleges and occupational education and the Colorado office of economic development as joint operators of the program. Training or retraining under the program may include any of the following or any combination thereof:
(4) There is hereby created in the state treasury the Colorado existing industry training cash fund which that shall consist of all moneys credited thereto pursuant to this subsection (4) and as otherwise provided by law. For the purpose of providing start-up moneys for the Colorado existing industry training program for the period beginning July 1, 1989, and ending June 30, 1990, subject to the provisions of section 8-72-105 (1), C.R.S., an expenditure in the amount of three hundred thousand dollars shall be made from the unemployment revenue fund, created in section 8-77-106, C.R.S., and paid to the state treasurer, who shall credit such moneys to the Colorado existing industry training cash fund, and such moneys may be expended from the fund by the Colorado existing industry training program beginning on and after June 7, 1989, to carry out the purposes of this section. The general assembly shall make annual appropriations for fiscal years commencing on or after July 1, 1990, from the Colorado existing industry training cash fund to the state board for community colleges and occupational education for allocation to the Colorado existing industry training program for the implementation of this section. and the general assembly shall determine sources of continued funding for the Colorado existing industry training program for such fiscal years.".
Renumber succeeding sections accordingly.
Page 22, strike lines 6 though 26.
Page 23, strike lines 1 through 16.
Renumber succeeding sections accordingly.
Page 23, strike line 18 and substitute the following:
"24-32-308 and 24-32-309, Colorado Revised";
after line 23, insert the following:
"(a) The general fund appropriation to the department of local affairs, executive director's office, for health, life, and dental, short-term disability, salary survey and senior executive service, and anniversary increases, is decreased by twenty-two thousand six hundred forty-two dollars ($22,642).
(b) The general fund appropriation to the department of local affairs, executive director's office, leased space, is decreased by forty thousand seven hundred sixty-six dollars ($40,766).".
Reletter succeeding paragraphs accordingly.
Page 25, strike line 5 and substitute "sixty-nine thousand three hundred seventy-nine dollars ($5,869,379) and 7.0";
line 6, strike "sum," and substitute "sum, twenty-two thousand six hundred forty-two dollars ($22,642) shall be for centrally appropriated items, forty thousand seven hundred sixty-six dollars ($40,766) shall be for leased space,".
Approp- After consideration on the merits, the committee recommends that SB00-217 be
riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 4, line 7, strike "fifty twenty-five" and substitute "fifty".
Page 6, line 14, strike "racing" and substitute "racing, unless the Commission has previously approved a class B license for the same calendar year,";
line 26, strike "forty twenty-five" and substitute "forty".
Page 7, line 4, strike "forty twenty-five" and substitute "forty".
Approp- After consideration on the merits, the committee recommends that SB00-223 be
riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 16, after line 26, insert the following:
"SECTION 16. Appropriation. In addition to any other appropriation, there is hereby appropriated, to the department of health care policy and financing, other medical services, for the fiscal year beginning July 1, 2000, the sum of sixty thousand dollars ($60,000), or so much thereof as may be necessary, for the implementation of section 26-19-104.6 (2.5), Colorado Revised Statutes. Said sum shall be cash funds exempt from gifts, grants, and donations.".
Renumber succeeding section accordingly.
Page 1, strike line 103 and substitute "plan", and making an appropriation in connection therewith.".
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the Whole: SB00-226
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the Whole: SB00-230
Approp- After consideration on the merits, the committee recommends that HB00-1361 be
riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Amend the reengrossed bill, page 14, after line 13, insert the following:
"SECTION 3. Appropriation - adjustment in 2000 long bill. (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 revenue, for the fiscal year beginning July 1, 2000, the sum of sixty-nine thousand three hundred dollars ($69,300), or so much thereof as may be necessary, for the implementation of this act.
(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:
(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by sixty-nine thousand three hundred dollars ($69,300).
(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by sixty-nine thousand three hundred dollars ($69,300).".
Renumber succeeding section accordingly.
Page 1, line 102, strike "program." and substitute "program, and making an appropriation in connection therewith."
Approp- After consideration on the merits, the committee recommends that HB00-1227 be
riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 22, strike lines 6 through 10, and substitute the following:
"SECTION 5. Appropriation - adjustment in 2000 long bill. (1) In addition to any other appropriation, there is hereby appropriated, to the department of revenue, for the fiscal year beginning July 1, 2000, the sum of sixty thousand five hundred ninety-seven dollars ($60,597), or so much therefore as may be necessary, for the implementation of this act. Of said sum, five hundred thirty-seven dollars ($537) shall be from the general fund, and sixty thousand sixty dollars ($60,060) shall be from the distributive data processing cash fund.
(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:
(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by five hundred thirty-seven dollars ($537).
(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by five hundred thirty-seven dollars ($537).".
Approp- After consideration on the merits, the committee recommends that HB00-1470 be
riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Strike the Agriculture, Natural Resources, and Energy Committee amendment, as printed in Senate Journal, April 25, page 1110, line 72.
Page 1111, strike lines 1 through 45.
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the Whole: HB00-1473
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the Whole: HB00-1302
State, After consideration on the merits, the committee recommends that SB00-231 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend printed bill, page 3, line 8, after the period, insert "The time period for collecting signatures on any such petition shall not exceed twelve months from the date the first signature is collected.".
State, After consideration on the merits, the committee recommends that SB00-229 be
Veterans, amended as follows and, as so amended, be referred to the Committee on Appropriations
and Military with favorable recommendation:
Affairs
Amend printed bill, page 2, line 15, strike "five thousand" and substitute "three thousand five hundred".
Page 3, line 5, strike "constructed on or after the";
line 6, strike "effective date of this act" and substitute "placed in service on or after January 1, 2000,";
line 10, strike "facility that occurs" and substitute "facility, which expanded facility is placed in service";
line 11, strike "the effective date of this act" and substitute "January 1, 2000,".
Page 4, line 12, strike "twenty" and substitute "ten";
line 19, strike "five" and substitute "ten".
Page 6, strike line 15 and substitute the following:
"property tax year if:
(a) The property is subject to an agreement with";
line 19, strike the second "year." and substitute "year; or";
after line 19, insert the following:
"(b) The taxpayer claims any credit, deduction, incentive payment, or receives any other benefit for such year in accordance with the provisions of the "Urban and Rural Enterprise Zone Act", article 30 of this title.".
Page 9, after line 1, insert the following:
"SECTION 5. 39-5-107 (1), Colorado Revised Statutes, is amended to read:
39-5-107. Personal property schedule. (1) All taxable personal property shall be listed on a form of schedule approved by the administrator and prepared and furnished by the assessor. Such schedule shall be so designed as to show the owner's name, address, social security number or federal employer identification number, and the location and general description of the owner's taxable personal property, divided into the various subclasses, and shall provide sufficient space for the furnishing of such information, derived from the books of account, records, or Colorado income tax returns of the owner of such property, as may be required by the assessor to determine the actual value of such property. Such schedule shall further be designed to show the percentage, if any, of the taxable personal property that is exempt from taxation pursuant to section 39-3-137, and to show any information required by the assessor to support such exemption, including information on the new or expanded business facility for which the exemption is claimed, the date the facility was placed in service, the amount of capital investment in the facility, and the number of full-time positions created at the facility.".
Renumber succeeding section accordingly.
State, After consideration on the merits, the committee recommends that HB00-1430 be
Veterans, amended as follows and, as so amended, be referred to the Committee on Appropriations
and Military with favorable recommendation:
Affairs
Amend reengrossed bill, page 2, strike line 26 and substitute the following:
"technology transfer.
(c) Notwithstanding any other provision of this subsection (8), any moneys deposited in the advanced technology fund pursuant to section 29-4-719.1 (2) (f) (I) (A.5) C.R.S., shall be used solely to finance research, development, and technology transfer with regard to waste diversion and recycling strategies, to include tires.
(d) The commission shall biennially report to".
Page 3, line 1, strike "such efforts," and substitute "financing the efforts described in paragraphs (b) and (c) of this subsection (8),".
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee on Appropriations: HB00-1458
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred to the Senate for final action: HJR00-1020
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred to the Senate for final action: HJR00-1023
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: SCR00-003
and Military
Affairs
State, The Committee on State, Veterans, and Military Affairs has had under consideration and
Veterans, has had a hearing on the following appointment and recommends that the appointment
and Military be confirmed:
Affairs
COLORADO
CIVIL RIGHTS COMMISSION
for a term expiring March 13, 2004:
Jacque Stafford of Grand Junction, Colorado, to serve as a representative of small businesses and as a Republican, reappointed.
INTRODUCTION OF RESOLUTION
The following resolution was read by title:
SJR 00-031 by Senators Sullivant, Congrove, Evans and Teck; also Representative Witwer--Concerning urging the Federal Communications Commission to reject Lake Cedar Group's petition to preempt local government land use decision-making authority.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Thursday,
April 27.
______________________________
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 Wednesday, April 26, was laid over until Thursday, April 27, retaining its place on the calendar.
______________________________
TRIBUTES--A POINT OF INTEREST
Honoring Pastor Clarke Vestal by Senator Linkhart
Honoring Vanessa Espinoza by Senator Evans
Honoring Tracy Flecky by Senator Evans
Honoring Katy Flecky by Senator Evans
Honoring Jenni Moats by Senator Evans
Honoring Kelly Boren by Senator Evans
Honoring Kim Perkins by Senator Evans
Honoring Megan McGrew by Senator Evans
Honoring Jennifer Gallegos by Senator Evans
Honoring Becky Gibb by Senator Evans
Honoring Alison Smith by Senator Evans
Honoring Katie Studdard by Senator Evans
Honoring Shawna Norris by Senator Evans
Honoring Caryn Jarocki by Senator Evans
Honoring Kris Macauley by Senator Evans
Honoring Richard Harris by Senator Evans
Honoring Dan Weinman by Senator Evans
Honoring Stefani Pfabe by Senator Evans
Honoring Toni Rabine by Senator Evans
Honoring Mike Goeglein by Senator Evans
Honoring Rob Backer by Senator Evans
Honoring Joanna Payette by Senator Evans
Honoring Bill Parks by Senator Evans
Honoring Lisle Gates by Senator Evans
Honoring Laura Hallby Senator Evans
On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Thursday,
April 27, 2000.
Approved:
Ray Powers
President of the Senate
Patricia K. Dicks
Secretary of the Senate
LC: