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
31st Legislative Day Friday, February 4, 2000
Call to By Acting President Pro Tem Wattenberg 9:00 a.m.
Order
Prayer By the chaplain, Rabbi Gorden Rubenstein.
Roll Call Present--Total, 28.
Absent/Excused--Anderson, Dyer, Hernandez, Lamborn, Powers, Tanner, Wham--
Total, 7.
Present later--Hernandez, Tanner, Wham.
Quorum The President announced a quorum present.
Reading of On motion of Senator Evans, reading of the Journal of Thursday, February 3rd was
Journal dispensed with and the Journal stands approved as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 00-187, 188.
Services
COMMITTEE OF REFERENCE REPORTS
Local After consideration on the merits, the committee recommends that HB00-1176 be
Government amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 3, line 12, strike “solicited.” and substitute “solicited, nor shall it authorize the use if an individual is an employee of a religious organization.”.
Local After consideration on the merits, the committee recommends that SB00-110 be
Government amended as follows and, as so amended, be referred to the Committee on Agriculture, Natural Resources, and Energy with favorable recommendation:
Amend printed bill, page 2, line 23, strike "twenty" and substitute
"forty".
Page 3, line 18, strike "(VI) and" and substitute "(VI).";
after line 18, insert the following:
"The land shall be classified according to its use at the time of such reassessment unless the owner provides proof to support another classification during all or a portion of the time the land was classified as agricultural pursuant to section 39-1-102 (1.6) (a) (VI).";
line 19, strike the first "the" and substitute "The".
Senate Journal-31st Day-February 4, 2000 Page 1
Page 1 Senate Journal-31st Day-February 4, 2000
INTRODUCTION OF BILL--FIRST READING
The following bill was read by title and referred to the committee indicated:
HB 00-1172 by Representatives Gordon, George; also Senators Blickensderfer, Powers-Concerning the legislative council process for review of air quality state implementation plans.
Health, Environment, Welfare & Institutions
State, Veterans, & Military Affairs
MESSAGES FROM THE GOVERNOR
January 12, 2000
To the Honorable
Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:
COLORADO INTERMOUNTAIN FIXED GUIDEWAY AUTHORITY
for terms expiring July 1, 2001:
Joseph A. Jehn of Arvada, Colorado, to serve as a representative of the Transportation Commission, a Republican, and to replace William Haight who resigned, appointed;
John B. Brockmeyer of Arvada, Colorado and to serve as a Republican and to replace Howard B. Gelt who was withdrawn, appointed.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 2/1/00
P. Dicks, Secretary
Committee on Transportation
_____________________________
To the Honorable
Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:
WORKERS' COMPENSATION COST
CONTAINMENT BOARD
for a term expiring December 13, 2002:
Henry A. Hahne of Littleton, Colorado, to serve as an executive with risk management experience and as a Republican, appointed.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 2/1/00
P. Dicks, Secretary
Committee on Business Affairs and Labor
Committee On motion of Senator Lacy, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Lacy 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 00-086 by Sen. Hillman; Rep. Larson--Withdrawal Of CCIA From Risk Mgmt
Amendment No. 1, by Senator Hillman
Amend printed bill, page 2, after line 21, insert the following:
"SECTION 3. 24-30-1510, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
24-30-1510. Risk management fund - creation - authorized and unauthorized payments. (5) As of July 1, 2000, the Colorado compensation insurance authority created pursuant to section 8-45-101, C.R.S., is no longer included within, or part of, the risk management fund created pursuant to this section and the department of personnel assumes no responsibility and bears no financial obligation for the defense of, or liability for, any claims or lawsuits asserted against the Colorado compensation insurance authority.".
Renumber succeeding sections accordingly.
As amended, 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, February 7, retaining its place on the calendar.
SB 00-095 by Sen. Wattenberg; Rep. George--Access To Eye Care Coverage
Laid over until Monday, February 7, retaining its place on the calendar.
SB 00-106 by Sen. Owen; Rep. Taylor--Insurance Deregulation
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, February 1, pages 196-197.)
Amendment No. 2, by Senator Owen
Amend printed bill, page 5, strike lines 2 through 22 and substitute the following:
"SECTION 5. 10-4-419 (3), Colorado Revised Statutes, is amended to read:
10-4-419. Claims-made policy forms. (3) (a) The commissioner may prohibit the use of a claims-made liability policy if the policy does not contain one or more of the following policy provisions:
(I) A policy provision that legal defense costs are covered by the policy but that legal defense costs are excluded from the claims-made policy aggregate;
(II) A policy provision that, in the event of cancellation or nonrenewal for any reason, the policy guarantees the insured the right of a sixty-day period to purchase coverage for an extended reporting period as provided in subparagraph (III) of this paragraph (a); and
(III) A policy provision that, at the insured's option, the insured may purchase coverage for an extended reporting period of at least the length of time of exposure under the applicable statute of limitation. and
(IV) Any other policy provisions that meet any rules and regulations the commissioner may promulgate to further define the standards for approval and use of such policy forms in Colorado.
(b) In administering this subsection (3), the commissioner shall recognize and balance the public interests in availability of insurance and adequate coverage at reasonable rates.";
line 25, strike "amended" and substitute "amended, and the said 10-4-706 (3) is further amended BY THE ADDITION OF A NEW PARAGRAPH,".
Page 7, after line 1, insert the following:
"(i) Any disclosure form used to record an insured's election for any coverage authorized in this subsection (3) shall include a certification by an officer of the insurer that the form and elements thereof are consistent with and in compliance with the form and elements deemed necessary by the commissioner. The commissioner shall promulgate rules for the elements necessary for the disclosure form.".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-144 by Sen. Owen; Rep. Spradley--Deferred Deposit Loan Act
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, February 1, page 197.)
As amended, laid over until Monday, February 7, retaining its place on the calendar.
HB 00-1035 by Rep. Smith; Senator Matsunaka--Enactment Of 1999 CRS
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 00-1155 by Rep. McKay; Senator Teck--Delete Debt Management Regulation
Laid over until Monday, February 7, retaining its place on the calendar.
SB 00-103 by Sen. Feeley--Create Colo Commission On Fair Taxation
Amendment No. 1, by Senator Hillman
Amend printed bill, page 1, line 5, strike "Fair".
Page 2, line 18, strike "fair";
line 23, strike "fair";
line 24, strike "fair".
Page 3, line 8, strike "fair";
line 10, strike "fair";
line 14, strike "fair".
Page 4, line 1, strike "fair";
line 17, strike "fair";
line 22, strike "fairer".
Page 5, line 2, strike "fair";
line 12, strike "fair";
line 17, strike "fair".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 00-127 by Sen. Chlouber--Repeal Of 8-hour Days At Cement Plants
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, February 2, page 204.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE
On motion of Senator Lacy, 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:
HB00-1035 declared passed on Second Reading.
SB00-86, as amended; SB00-106, as amended; SB00-103, as amended; SB00-127, as
amended, declared passed on Second Reading.
SB00-025, SB00-095, HB00-1155 laid over until Monday, February 7, retaining their
place on the calendar.
SB00-144, as amended, laid over until Monday, February 7, retaining its place on the
calendar.______________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Friday, February 4, was laid over until Monday, February 7, retaining its place on the calendar.
______________________________
COMMITTEE OF REFERENCE REPORTS
Trans- After consideration on the merits, the committee recommends that SB00-018 be
portation amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 5, strike lines 17 and 18 and substitute the following:
"SECTION 5. 42-2-132.5 (3) and (4), Colorado Revised Statutes, are amended to read:".
Page 6, after line 9, insert the following:
"(4) (a) The leasing agency for any approved ignition interlock device shall remit a filing fee in the amount of thirty-three dollars for each person leasing a device to cover program start-up and operational costs incurred by the department and the department of public health and environment. The leasing agency shall remit the fees to the state treasurer, who shall credit the fees to the interlock fund, created in section 42-2-126.1 (2.5).
(b) Notwithstanding the amount specified for the fee in paragraph (a) of this subsection (3), the executive director of the department by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.".
Trans- After consideration on the merits, the committee recommends that SB00-093 be
portation amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:
Amend printed bill, strike everything below the enacting clause and substitute the following:
"SECTION 1. 42-4-1805 (3) (a), Colorado Revised Statutes, is amended, and the said 42-4-1805 (3) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
42-4-1805. Abandonment of motor vehicles - private tow. (3) (a) Any operator shall, as soon as possible, but in no event later than seventy-two hours after receipt of determination that such motor vehicle has not been reported stolen five working days after a motor vehicle has been towed, comply with the provisions of subparagraph (I) of paragraph (c) of this subsection (3) and report the same that a motor vehicle has been towed to the department by first-class or certified mail or by personal delivery, which report shall be on a form prescribed and supplied by the department.
(c) (I) An operator or its agent shall, within five working days after a motor vehicle has been towed, determine if there is an owner and a lienholder represented in department records and notify the owner and the lienholder by certified mail or by personal delivery of the information required by the report set forth in paragraph (b) of this subsection (3). The cost of complying with the provisions of this paragraph (c) shall be considered a cost of towing; except that the total of such costs shall not exceed the lesser of fifty dollars or ten times the cost of notifying the owner and lienholder by certified mail.
(II) The operator shall not be entitled to recover any daily storage fees from the day the vehicle is towed until the day the owner and lienholder are notified, unless the operator notifies the owner and lienholder within five days pursuant to subparagraph (I) of this paragraph (c).
(III) The department shall implement an electronic system whereby an operator registered under section 42-4-1807 (2) or the agent of such operator shall have access to information relating to any owner and lienholder of a vehicle towed by the operator as represented in the department records. The department shall ensure that the information available to an operator or its agent is limited solely to that information necessary to contact the owner and lienholder of such vehicle.
SECTION 2. 42-4-1805 (4) and the introductory portion to 42-4-1805 (5), Colorado Revised Statutes, as they will become effective July 1, 2000, are amended to read:
42-4-1805. Abandonment of motor vehicles - private tow. (4) Upon its receipt of such report, the department shall search its records, the records of the issuing state if the vehicle is not registered in Colorado, or make other inquires to ascertain, if possible, the last-known owner of record of the abandoned motor vehicle and any lienholder as those persons are represented as shown in department records. In the event the vehicle is determined by the department not to be registered in the state of Colorado, the report required by this section shall state that no Colorado title record exists regarding the vehicle. Within ten working days of after such receipt, the department shall complete its search and shall transmit such report, together with all relevant information thereon, to the operator.
(5) Within five working days of after the receipt of such report from the department, the operator shall notify by certified mail or by personal delivery to the owner of record and any lienholder, including an out-of-state owner of record. and lienholder. The operator shall make all reasonable efforts to ascertain the address of the owner of record. and whether there are any lienholders on the vehicle. The operator shall send a copy of the notice by certified mail or by personal delivery to the responsible law enforcement agency in which the abandoned motor vehicle is located. Such notice shall contain the following information:
SECTION 3. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".
Trans- After consideration on the merits, the committee recommends that the following be
portation referred favorably to the Committee of the Whole: SB00-156
Finance After consideration on the merits, the committee recommends that SB00-072 be
amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 1, strike lines 2 through 5.
Page 2, strike lines 1 through 8;
line 9, strike "SECTION 2. 29-2-106 (4) (b) and (4) (c) (I)," and substitute "SECTION 1. 29-2-106 (4) (b),";
line 10, strike "are" and substitute "is";
line 15, strike "county and shall" and substitute "county.";
strike lines 16 and 17;
line 18, strike "jurisdiction.";
strike lines 20 through 23 and substitute the following:
"days of any retailers omitted from this listing as soon as practicable, but in no event more than one hundred eighty days after receiving said monthly listing. Failure of the governing body of such".
Page 3, strike lines 5 through 26.
Page 4, strike line 1;
line 4, strike "forty-five" and substitute "sixty";
line 5, strike "at the rate imposed under";
strike line 6 and substitute the following:
"from the sixtieth day after the";
line 7, after the period, add "The rate of said interest shall be equal to the average rate being earned by the investment of moneys in the state treasury for the same period.".
Finance After consideration on the merits, the committee recommends that SB00-132 be
amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 1, line 2, after 12-14.3-104 insert "(1) (a),";
line 4, after "Disclosures to consumers.", insert the following:
"(1)(a) The names of all persons requesting credit information pertaining to the consumer during the prior six-month twelve-month period and the date of each request.".
Page 2, strike lines 2 and 3;
strike lines 7 through 9 and substitute the following:
"relating to the consumer that initiated the letter. Such letter shall also include a form the consumer may complete and return to the consumer reporting agency to request a free copy of such consumer's credit report.".
Finance After consideration on the merits, the committee recommends that the following be postponed indefinitely: SB00-090
State, After consideration on the merits, the committee recommends that SB00-077 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend page 2, line 7, after "general", insert "who currently hold a peace officer certification";
line 24, strike "(b) of this" and substitute "(b). of this";
strike lines 25 and 26 and substitute the following:
"subsection (1.7); except that no expired certification shall be renewed if the certificate holder has not served as a peace officer or reserve peace".
Page 3, strike line 1 and substitute "officer within the previous ten years.".
State, After consideration on the merits, the committee recommends that SB00-119 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 4, line 22, strike "00___" and substitute "00-002".
Page 10, line 17, strike "SCR 00_____" and substitute "SCR 00-002".
State, After consideration on the merits, the committee recommends that SB00-147 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 4, line 17, strike "entity" and substitute "attorney";
after line 26, insert the following:
"(a) The attorney general has approved the contract; and".
Page 5, line 1, strike "(a)" and substitute "(b) (I)";
line 6, strike "(b)" and substitute "(II)".
Page 7, line 23, strike "legislature" and substitute "governing board of the local governmental entity".
Page 8, line 22, strike "entity" and substitute "attorney".
Health, The Committee on Health, Environment, Welfare and Institutions has had under
Environment, consideration and has had a hearing on the following appointments and recommends that
Welfare and the appointments be confirmed:
InstitutionsCOLORADO COMMISSION
ON THE AGING
for a term expiring July 1, 2000:
Mary Jane Hangs of Silt, Colorado, to serve as a Republican from the Third Congressional District and to fill a vacancy occasioned by the resignation of Sandra Ortega, appointed;
for terms expiring July 1, 2002:
Mary L. Steiner of Allenspark, Colorado, to serve as a Republican from the Second Congressional District, reappointed;
Richard Larsen of Colorado Springs, Colorado, to serve as a Republican from the Fifth Congressional District, appointed.
for a term expiring when she is no longer a member of the Colorado State Senate:
The Honorable Dottie Wham of Denver, Colorado, to serve as a Republican, as a member of the Colorado State Senate, and to replace the Honorable Sally Hopper, appointed.
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee on Appropriations: SB00-097
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that SB00-037 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 2, strike lines 12 through 16 and substitute the following:
"for aid to the needy disabled within ninety days prior to release by an inmate in a correctional facility who has been diagnosed with a serious mental illness, or by a juvenile delinquent in a juvenile correctional facility who has been diagnosed with a serious mental illness.";
line 17, after "26-2-111", insert "(4) (b) and" and strike "is" and substitute "are";
after line 23, insert the following:
"(b) He or she is eighteen years of age or older; except that nothing shall prohibit a juvenile delinquent in a juvenile correctional facility who has been diagnosed with a serious mental illness from applying for aid to the needy disabled within ninety days before such juvenile's eighteenth birthday.";
line 26, strike "except that an" and substitute the following:
"except that an inmate in a correctional facility who has been diagnosed with a serious mental illness, or a juvenile delinquent in a juvenile correctional facility who has been diagnosed with a serious mental illness may delay complying with the requirements specified in this paragraph (b.5) until such inmate or juvenile has been released from such correctional facility or juvenile correctional facility for a period of sixty days.".
Page 3, strike lines 1 through 3;
strike lines 5 through 9 and substitute the following:
"prohibit application for aid to the needy disabled within ninety days prior to release by an inmate in a correctional facility who has been diagnosed with a serious mental illness, or by a juvenile delinquent in a juvenile correctional facility who has been diagnosed with a serious mental illness.".
Health, After consideration on the merits, the committee recommends that SB00-065 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 1, line 6, after "section,", insert "for fiscal year 1999-2000,".
Page 2, strike lines 11 through 14, and substitute the following:
"thereto by the general assembly. Moneys in the reserve fund shall be used only for the purpose of implementing the works program or for the purpose of making transfers that are allowed under the federal law for transfers to programs funded by Title XX of the social security act or for transfers to the child care development fund and shall be subject to annual appropriation by the general assembly. Prior to requesting any appropriations out of the reserve fund for the purpose of making transfers, the state department shall consult with counties and provide information to the joint budget committee for the purposes of insuring that all transfers of TANF funds do not exceed the federal limits for transfers and insuring that the needs of counties to make transfers authorized pursuant to section 26-2-714 (7) and (9) are considered. All interest derived from the".
Health, After consideration on the merits, the committee recommends that the following be
Environment, postponed indefinitely: SB00-102
Welfare and
Institutions
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee of the Whole: SCR00-002
and Military
Affairs
________________________________
On motion of Senator Blickensderfer, the Senate adjourned until 10:00 a.m., Monday,
February 7, 2000.
Approved:
Ray Powers
President of the Senate
Patricia K. Dicks
Secretary of the Senate
LC: