June 10, 1996
**WORKING VERSION--THIS HAS NOT BEEN PROOFED! USE AT YOUR OWN RISK!!**
11:10:46 AMPage 1
SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
Second Regular Session
24th Legislative Day Friday, January 28, 2000
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Dr. Gilbert Caldwell, Park Hill Methodist Church, Denver.
Roll Call Present--Total, 30.
Absent/Excused--Dennis, Hillman, Lacy, Lamborn, Matsunaka--Total, 5.
Present later--Dennis, Hillman, Lacy.
Quorum The President announced a quorum present.
Reading of On motion of Senator Epps, reading of the Journal of Thursday, January 27th was
Journal dispensed with and the Journal stands approved as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 00-184.
Services
Committee On motion of Senator Evans the Senate resolved itself in to Committee of the Whole
of the for consideration of General Orders and Senator Evans was called to the Chair to act
Whole as Chairman.
GENERAL ORDERS--SECOND READING OF BILL
The Committee of the Whole having risen, the Chairman reported that the following bill,
reading at length having been dispensed with by unanimous consent, had been considered and action taken thereon as follows:
SB 00-047 by Sen. Anderson; Rep. Leyba--Std Screening For Mentally Ill Offenders
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, January 21, pages 140-141.)
Amendment No. 2, by Senator Anderson
Amend the committee amendment, as printed in Senate Journal, January 21, page 140, line 50, strike "treatment" and substitute "methods of addressing";
line 51, strike "of";
line 57, strike "treatment of" and substitute "methods of addressing";
line 67, strike "treatment" and substitute "methods of addressing";
line 68, strike "of".
Page 141, line 2, strike "treatment of" and substitute "methods of addressing".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
Senate Journal-24th Day-January 28, 2000 Page 1
Page 1 Senate Journal-24th Day-January 28, 2000
SB 00-012 by Sen. Musgrave--Deregulate Retail Telecom Services
Ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-086 by Sen. Hillman; Rep. Larson--Withdrawal Of CCIA From Risk Mgmt
Laid over until Monday, January 31, retaining its place on the calendar.
SB 00-130 by Sen. Hillman; Rep. Kester--Expansion Of The Credit Insurance Act
Ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-025 by Sen. Chlouber--Competitive Telecom Market
Laid over until Monday, January 31, retaining its place on the calendar.
SB 00-080 by Sen. Perlmutter; Rep. Spradley--Unfair Business Practices Protection
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, January 26, page 162.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-095 by Sen. Wattenberg; Rep. George--Access To Eye Care Coverage
Laid over until Monday, January 31, retaining its place on the calendar.
SB 00-078 by Sen. Arnold; Rep. Mitchell--Broomfield In The17th Jud Dist
Ordered engrossed and placed on the calendar for Third Reading and Final Passage.
(For further action, see page 173, where the Arnold amendment to the Report of the Committee of the Whole was adopted and SB00-078 was ordered referred to the Committee on Judiciary.)
SB 00-096 by Sen. Anderson; Rep. McPherson--Vested Property Rights
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, January 26, page 163.)
As amended, laid over until Monday, January 31, retaining its place on the calendar.
SB 00-053 by Sen. Musgrave; Rep. Mace--Regulation Of School Buses
Amendment No. 1, by Senator Musgrave
Amend printed bill, page 2, strike line 8 and substitute the following:
"any motor vehicle carrying more than six passengers for hire, or of any".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-087 by Sen. Epps; Rep. Gotlieb--Under 21 Breath Test Only For Alcohol
Ordered engrossed and placed on the calendar for Third Reading and Final Passage.
AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE
SB 00-078 by Sen. Arnold; Rep. Mitchell--Broomfield In The17th Jud Dist
Senator Arnold moved to amend the Report of the Committee of the whole to show that SB00-078 was referred to the Committee on Judiciary.
A majority of all members elected to the Senate having voted in the affirmative, the amendment was declared adopted.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE
On motion of Senator Evans, the Report of the Committee of the Whole was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:
SB00-012; SB00-130; SB00-87 declared passed on Second Reading.
SB00-047, as amended; SB00-080, as amended; SB00-053 as amended, declared passed
on Second Reading.
SB00-086, SB00-025, SB00-095 laid over until Monday, January 31, retaining their place
on the calendar.
SB00-096, as amended, laid over until Monday, January 31, retaining its place on the
calendar.
SB00-078 was referred to the Committee on Judiciary.
_________________________
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 Governor's appointment.
_________________________
CONSIDERATION OF GOVERNOR'S APPOINTMENT
On motion of Senator Arnold, the following Governor's appointment was confirmed by a roll call vote:
STATE STANDARDS AND ASSESSMENTS
DEVELOPMENT AND IMPLEMENTATION COUNCIL
effective June 16, 1999, for a term expiring September 1, 2001:
Linda V. Schooley of Grand Junction, Colorado, as a member residing on the Western Slope, appointed.
| YES 33 |  | NO 0 | | EXCUSED 2 | | ABSENT 0 | |
| Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
| Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
| Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
| Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
| Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
| Congrove | Y | Lamborn | E | Phillips | Y | Weddig | Y |
| Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | E | Sullivant | Y | | |
COMMITTEE OF REFERENCE REPORTS
State, After consideration on the merits, the committee recommends that HB00-1141 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend reengrossed bill, page 2, line 1, after "council", insert "created in section 2-3-301 (1)".
Page 3, strike lines 21 through 26.
Strike page 4.
Page 5, strike lines 1 through 15 and substitute the following:
"SECTION 4. 43-2-145 (2), (3), and (4), Colorado Revised Statutes, are amended, and the said 43-2-145 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
43-2-145. Transportation legislation review - committee. (2) (a) Until January 1, 2001, the committee shall be comprised of eleven members to be selected as follows:
(a) (I) Five members appointed by the governor from such highway advisory groups as the governor shall select, but which members shall be determined by him to adequately represent the entire state, no more than three of whom shall be from the same political party;
(b) (II) Three members of the house of representatives appointed by the speaker of the house of representatives, no more than two of whom shall be from the same political party;
(c) (III) Three members of the senate appointed by the president of the senate, no more than two of whom shall be from the same political party.
(b) The chairman shall be designated by the speaker of the house of representatives in odd-numbered years and by the president of the senate in even-numbered years. The vice-chairman shall be appointed by the speaker of the house of representatives in even-numbered years and by the president of the senate in odd-numbered years.
(c) A majority vote of the legislative members of the committee shall be required to approve any legislation to be recommended to the general assembly.
(d) This subsection (2) is repealed, effective January 1, 2001.
(2.5) (a) Effective January 1, 2001, the committee shall be comprised of the members of the transportation and energy committee of reference of the house of representatives and the members of the transportation committee of reference of the senate. The chairman of the senate transportation committee shall be the chairman in even-numbered years and vice-chairman in odd-numbered years. The chairman of the House transportation and energy committee shall be chairman in odd-numbered years and vice-chairman in even numbered years.
(b) The members of the respective committees of reference shall receive the usual per diem and necessary travel and subsistence expenses as provided for members of the general assembly who attend interim committee meetings pursuant to section 2-2-307, C.R.S.
(3) (a) The term of office of each member of the committee shall be for two years and shall commence on February 1, 1987, and on February 1 every two years thereafter.
(b) This subsection (3) is repealed, effective January 1, 2001.
(4) (a) Members of the committee shall serve without compensation but shall be reimbursed for all necessary expenses incurred in the performance of their duties and in addition shall receive fifty dollars per diem for each day spent in attendance at meetings of the committee.
(b) This subsection (4) is repealed, effective January 1, 2001.".
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: SB00-052
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 be and Military confirmed:
AffairsMEMBER OF THE
STATE HOUSING BOARD
for a term expiring January 31, 2003:
William T. Sullivan of Denver, Colorado, to serve as a representative of the First Congressional District and as a Democrat, appointed.
Finance After consideration on the merits, the committee recommends that SB00-004 be
amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 5, line 15, after "give", insert "equal".
Page 7, line 21, strike "the results" and substitute "the past and present results".
Local After consideration on the merits, the committee recommends that the following be
Government referred favorably to the Committee of the Whole: HB00-1045
Local After consideration on the merits, the committee recommends that the following be
Government postponed indefinitely: SB00-099
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural referred favorably to the Committee of the Whole: HB00-1031
Resources
and Energy
Agriculture, After consideration on the merits, the committee recommends that SB00-060 be
Natural amended as follows and, as so amended, be referred to the Committee on Local
Resources Government with favorable recommendation:
and Energy
Amend printed bill, page 2, line 3, strike "subsection (2)" and substitute "subsections (3) and (4)";
after line 8, insert the following:
"(2) In the event a residential construction limitation of a local government expires, lapses, or is otherwise terminated on or after July 1, 2001, no appropriation shall be made to or expended by any department, agency, or institution of the state for a capital construction project that is located within the boundaries of such local government for a period of one year following the date of such expiration, lapse, or termination.".
Renumber succeeding subsections accordingly.
Page 2, after line 15, insert the following:
"(4) This section shall not apply to any appropriation pursuant to section 24-75-302 for the remodeling or renovation of existing buildings or other physical facilities designated as controlled maintenance projects in the general appropriation act.".
Renumber succeeding subsection accordingly.
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 that
Resources the appointments be confirmed:
and Energy
COLORADO WATER RESOURCES
AND POWER DEVELOPMENT AUTHORITY
for terms expiring October 1, 2002:
Steven C. Harris of Durango, Colorado, to serve as a representative from the San Miguel Dolores-San Juan Drainage Basin and to represent engineering aspects of water, and as a Democrat, after resignation of his current position due to a change of representation, appointed;
Randall K. Palmgren of Center, Colorado, to serve as a representative Rio Grande Drainage Basin and as a Democrat, appointed to replace J. Kuntz who resigned.
_________________________
SENATE SERVICES REPORT
Senate Correctly engrossed: SB 00-12, 47, 53, 80, 87, 130.
Services
Health, After consideration on the merits, the committee recommends that SB00-051 be
Environment, amended as follows and, as so amended, be referred to the Committee of the Whole with
Welfare and favorable recommendation:
Institutions
Amend printed bill, page 2, strike lines 6 through 8 and substitute the following:
"of this subsection (9), within the limitations imposed by state and federal law on such transfers, in order to fund various programs".
Page 3, strike line 3 and substitute the following:
"the "system", to assist in promoting availability, accessability, and quality of child care";
line 5, strike "authority" and substitute "authority, within available appropriations,";
strike line 7 and substitute the following:
"of the system, and may enter into a contract with the administering entity for such purpose.";
strike lines 10 through 23;
line 24, strike "(3)" and substitute "(2)".
Page 4, strike lines 9 through 26.
Page 5, strike lines 1 through 16.
Page 6, line 26, after "children,", insert "whose special needs can best be met through the medium of a small group and".
Page 7, line 4, strike "birthday and whose" and substitute "birthday.";
strike lines 5 and 6.
Page 9, strike lines 21 through 26.
Page 10, strike lines 1 through 9.
Renumber succeeding sections accordingly.
Health, After consideration on the merits, the committee recommends that SB00-094 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, strike line 25 and substitute the following:
"becoming inactive. Inactive licensees shall not be required to comply with any continuing pharmaceutical education requirement so long as such licensees remain inactive. Inactive status shall be noted on the face of any license issued while the licensee remains inactive. Should an inactive pharmacist wish to resume the practice of pharmacy after being placed on an inactive list, the pharmacist shall file an application therefor, pay the registration renewal fee, and, subject to subsections (2) and (3) of this section, meet the twenty-four hour continuing education requirement. Engaging in the practice of pharmacy while on inactive status pursuant to this article may be grounds for license revocation.".
Health, After consideration on the merits, the committee recommends that SB00-071 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 8, line 6, strike "up to";
line 7, strike "state, but" and substitute "state; except that the amount received shall not exceed";
line 8, strike "not more than";
line 11, strike "up to";
strike lines 12 and 13 and substitute the following:
"percent per fiscal year; except that the amount of increase shall not exceed two million dollars in any fiscal year;";
line 15, strike "up to";
line 16, strike "state, but not more" and substitute "state; except that the amount received in any fiscal year shall not exceed";
line 17, strike "than";
line 22, strike "up to";
line 23, strike "state," and substitute "state; except that the amount received in any fiscal year shall not exceed";
line 24, strike "but not more than".
Page 9, line 1, strike "up to";
line 2, strike "state, but not more" and substitute "state; except that the amount received in any fiscal year shall not exceed";
line 3, strike "than";
line 5, strike "up to";
strike line 7 and substitute the following:
"state; except that the amount received in any fiscal year shall not exceed twenty million dollars.";
line 11, after "amount", insert "of unencumbered settlement moneys";
line 12, strike "section" and substitute "section, except the children's basic health plan trust created in section 26-19-105, C.R.S.,";
after line 14, insert the following:
"(3) Notwithstanding the provisions of subsection (1) of this section, for the fiscal year in which the first payment of moneys pursuant to the master settlement agreement is received, the percentage appropriated to each program specified in subsection (1) of this section shall be calculated on the total amount of moneys received by the state pursuant to the master settlement agreement during that fiscal year, minus thirty-three million dollars.".
Page 16, line 11, strike "amended" and substitute "amended, and the said 24-22-115.5 is further amended BY THE ADDITION OF A NEW SUBSECTION,".
Page 17, after line 15, insert the following:
"(3) The state treasurer shall invest any portion of the tobacco litigation settlement trust fund. Such moneys may be invested in the types of investments authorized in sections 24-36-109, 24-36-112, and 24-36-113. Such moneys may also be invested in common and preferred stock in the same manner as a domestic insurance company pursuant to 10-3-226, C.R.S. The state treasurer shall determine the appropriate percentage of the fund, not to exceed sixty percent, to be invested in common and preferred stock and the appropriate level of risk for such investments. The state treasurer may make such investments in the form of mutual funds and may contract with private professional fund managers and employ portfolio managers.".
Page 19, line 7, after "services,", insert "political subdivision of the state,".
Page 26, line 23, strike "amount", and substitute "unencumbered moneys appropriated from moneys received pursuant to the master settlement agreement".
Page 27, line 5, strike "up to";
line 7, strike "year, but not" and substitute "year; except that the amount so appropriated to the fund shall not exceed";
line 8, strike "more than";
line 11, strike "up to two percent per fiscal year," and substitute "two percent per fiscal year; except that the amount of increase shall not exceed";
line 12, strike "but not more than";
line 16, strike "up to";
line 18, strike "year, but not more than" and substitute "year; except that the amount so appropriated to the fund in any fiscal year shall not exceed";
line 19, strike "dollars per year." and substitute "dollars.".
Page 35, line 18, strike "agency," and substitute "agency or political subdivision of the state,".
Page 42, line 9, strike "up to";
line 11, strike "year, but not" and substitute "year; except that the amount so appropriated to the fund in any fiscal year shall not exceed";
line 12, strike "more than";
line 21, strike "moneys" and substitute "unencumbered moneys appropriated from moneys received by the state pursuant to the master settlement agreement".
Page 47, line 24, after "department,", insert "political subdivision of the state,".
line 25, after "agency,", insert "state institution of higher education t offers a teacher education program,".
Page 53, line 11, strike "amount" and substitute "unencumbered moneys appropriated from moneys received by the state pursuant to the master settlement agreement";
line 18, strike "up to";
line 21, strike "year, but not more than" and substitute "year; except that the amount so appropriated to the fund in any fiscal year shall not exceed".
Page 58, line 17, strike "amount" and substitute "unencumbered moneys appropriated from moneys received by the state pursuant to the master settlement agreement";
line 24, strike "up to".
Page 59, line 1, strike "year, but not more than" and substitute "year; except that the amount so appropriated to the fund in any fiscal year shall not exceed".
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the Whole: SB00-098
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the Whole: SB00-043
Approp- After consideration on the merits, the committee recommends that SB00-022 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 24, strike "out of any moneys in the";
line 25, strike "general fund not otherwise appropriated,".
Page 5, line 2, after "act." insert "Said sum shall be from federal child care development funds.".
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the Whole: SB00-183
Approp- After consideration on the merits, the committee recommends that SB00-125 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 6, strike lines 23 through 26 and substitute the following:
"(b) (I) In addition to the grounds for denial specified in paragraph (a) of this subsection (3), the bureau shall deny a transfer of a firearm if, at any time the bureau transmits the request or searches other databases, information indicates that the prospective transferee:
(A) Has been arrested for or charged with a crime for which the prospective transferee, if convicted, would be prohibited under state or federal law from purchasing, receiving, or possessing a firearm and either there has been no final disposition of the case or the final disposition is not noted in the other databases; or
(B) Is the subject of an indictment, an information, or a felony complaint alleging that the prospective transferee has committed a crime punishable by imprisonment for a term exceeding one year as defined in 18 U.S.C. sec. 921 (a) (20), as amended, and either there has been no final disposition of the case or the final disposition is not noted in the other databases.".
Strike pages 7 and 8.
Page 9, strike line 1;
line 2, strike "(V)" and substitute "(II)".
Page 14, line 15, strike "July 1, 2000, the sum of seven hundred seventy-one" and substitute "July 1, 1999, the sum of two hundred sixty-six thousand three hundred seventy dollars ($266,370) and 4.8 FTE, or so";
strike line 16.
On motion of Senator Blickensderfer, the Senate adjourned until 10:00 a.m., Monday,
January 31, 2000.
Approved:
Ray Powers
President of the Senate
Patricia K. Dicks
Secretary of the Senate
LC: