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
28th Legislative Day Tuesday, February 1, 2000
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Rabbi Gorden Rubenstein.
Roll Call Present--Total, 25.
Absent/Excused--Dennis, Evans, Lacy, Matsunaka, Perlmutter, Phillips, Tanner, Tebedo, Wattenberg, Wham--Total, 10.
Present later--Dennis, Evans, Lacy, Perlmutter, Phillips, Tanner, Tebedo, Wattenberg, Wham.
Quorum The President announced a quorum present.
Reading of On motion of Senator Evans, reading of the Journal of Monday, January 31st was
Journal dispensed with and the Journal stands approved as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 00-185, 186.
Services
MESSAGE FROM THE REVISOR
without comment, HB00-1059, 1092, 1134, 1152, 1180 and 1226;
without comment, as amended, HB00-1036, 1078, 1106, 1119, 1139, 1151 and 1289.
THIRD READING OF BILLS--FINAL PASSAGE
On Third Reading, the titles of the following bills were publicly read, the reading at length having been dispensed with by unanimous consent:
SB 00-058 by Sen. Dyer; Rep. Hoppe--Private Occ Ed Exempt Programs
The question being "Shall the bill pass?" the roll was called with the following result:
| YES 31 |  | NO 0 | | EXCUSED 4 | | ABSENT 0 | |
| Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
| Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
| Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
| Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
| Chlouber | Y | Lacy | E | Perlmutter | E | Wattenberg | Y |
| Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
| Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Senate Journal-28th Day-February 1, 2000 Page 1
Page 1 Senate Journal-28th Day-February 1, 2000
HB 00-1141 by Rep. Dean; Senator Blickensderfer--Interim Activities Of GA
The question being "Shall the bill pass?" the roll was called with the following result:
| YES 30 | | NO 1 | | EXCUSED 4 | | ABSENT 0 | |
| Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
| Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
| Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
| Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | N |
| Chlouber | Y | Lacy | E | Perlmutter | E | Wattenberg | Y |
| Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
| Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
SB 00-004 by Sen. Matsunaka--Performance Grant Program For Schools
Laid over until Wednesday, February 2, retaining its place on the calendar.
HB 00-1045 by Rep. Larson; Senator Dyer--IGAs With Tribal Governments
The question being "Shall the bill pass?" the roll was called with the following result:
| YES 31 | | NO 0 | | EXCUSED 4 | | ABSENT 0 | |
| Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
| Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
| Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
| Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
| Chlouber | Y | Lacy | E | Perlmutter | E | Wattenberg | Y |
| Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
| Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
HB 00-1031 by Rep. Kester; Senator Hillman--Joining Pest Districts Without Elections
The question being "Shall the bill pass?" the roll was called with the following result:
| YES 31 | | NO 0 | | EXCUSED 4 | | ABSENT 0 | |
| Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
| Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
| Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
| Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
| Chlouber | Y | Lacy | E | Perlmutter | E | Wattenberg | Y |
| Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
| Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Hernandez, Powers.
SB 00-051 by Sen. Tebedo; Rep. Spradley--Child Care Omnibus
Laid over until Wednesday, February 2, retaining its place on the calendar.
SB 00-098 by Sen. Sullivant; Rep. Scott--Maintain School Structures And Grounds
The question being "Shall the bill pass?" the roll was called with the following result:
| YES 29 | | NO 2 | | EXCUSED 4 | | ABSENT 0 | |
| Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
| Andrews | Y | Feeley | Y | Nichol | N | Tebedo | E |
| Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
| Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | N |
| Chlouber | Y | Lacy | E | Perlmutter | E | Wattenberg | Y |
| Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
| Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
SB 00-043 by Sen. Chlouber; Rep. Spradley--D & N Trials
The question being "Shall the bill pass?" the roll was called with the following result:
| YES 31 | | NO 0 | | EXCUSED 4 | | ABSENT 0 | |
| Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
| Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | E |
| Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
| Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
| Chlouber | Y | Lacy | E | Perlmutter | E | Wattenberg | Y |
| Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
| Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | E | Sullivant | Y | | |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
SB 00-022 by Sen. Tebedo; Rep. Alexander--Inspections Of Child Care Facilities
Laid over until Wednesday, February 2, 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 Senate proceeded out of order for Consideration of Memorial, SJM00-001.
______________________________
CONSIDERATION OF MEMORIAL
SJM 00-001 by Sen. Rupert; Rep. Gordon--Memorializing Byron Johnson
(Printed in Senate Journal, January 19, pages 122-123.)
On motion of Senator Rupert, the Resolution was ADOPTED by the following roll call
vote:
| YES 32 | | NO 0 | | EXCUSED 3 | | ABSENT 0 | |
| Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
| Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
| Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
| Blickensderfer | Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
| Chlouber | Y | Lacy | E | Perlmutter | E | Wattenberg | Y |
| Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
| Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | E | Sullivant | Y | | |
SJM 00-001 Co-sponsors added: Anderson, Andrews, Arnold, Blickensderfer, Chlouber, Congrove, Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Hillman, Lamborn, Linkhart, Martinez, Musgrave, Nichol, Owen, Pascoe, Phillips, Powers, Reeves, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.
Committee On motion of Senator Anderson, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Anderson 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
Laid over until Wednesday, February 2, retaining its place on the calendar.
SB 00-025 by Sen. Chlouber--Competitive Telecom Market
Laid over until Wednesday, February 2, retaining its place on the calendar.
SB 00-095 by Sen. Wattenberg; Rep. George--Access To Eye Care Coverage
Laid over until Wednesday, February 2, retaining its place on the calendar.
SB 00-183 by Sen. Feeley; Rep. McPherson--Colorado Institute Of Technology
Laid over until Wednesday, February 2, retaining its place on the calendar.
SB 00-125 by Sen. Owen; Rep. Tool--CBI Firearms Background Check System
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, January 26, pages 165.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, January 28, pages 180.).)
Amendment No. 3, by Senator Thiebaut
Amend the Appropriation committee amendment, as printed in Senate Journal, January 28, page 180, line 53, change the last period to a semicolon;
after line 53, insert the following:
"(c) The bureau is authorized to cooperate with federal, state, and local law enforcement agencies to perform or assist any other law enforcement agency in performing any firearm retrievals, and assist in the prosecution of such rescinded transfers.".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage. (For further action, see page 195, Roll Call Vote.)
AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE
SB 00-125 by Sen. Owen; Rep. Tool--CBI Firearms Background Check System
Senator Pascoe moved to amend the Report of the Committee of the Whole to show that
the Appropriations Committee amendment, made to SB00-125, as amended, did not pass:
The motion was declared LOST by the following roll call vote:
| YES 11 | | NO 22 | | EXCUSED 2 | | ABSENT 0 | |
| Anderson | N | Evans | NN | Musgrave | Y | Tanner | N |
| Andrews | Y | Feeley | N | Nichol | Y | Tebedo | Y |
| Arnold | N | Hernandez | N | Owen | Y | Teck | Y |
| Blickensderfer | N | Hillman | Y | Pascoe | N | Thiebaut | N |
| Chlouber | Y | Lacy | E | Perlmutter | N | Wattenberg | N |
| Congrove | Y | Lamborn | Y | Phillips | N | Weddig | N |
| Dennis | N | Linkhart | N | Reeves | N | Wham | N |
| Dyer | N | Martinez | N | Rupert | N | Mr. President | N |
| Epps | N | Matsunaka | E | Sullivant | Y | | |
ROLL CALL VOTE ON SB00-125
SB 00-125 by Sen. Owen; Rep. Tool--CBI Firearms Background Check System
On the request of Senator Perlmutter, the President ordered a roll call vote on SB00-125, as amended:
| YES 24 | | NO 9 | | EXCUSED 2 | | ABSENT 0 | |
| Anderson | Y | Evans | Y | Musgrave | N | Tanner | Y |
| Andrews | N | Feeley | Y | Nichol | N | Tebedo | Y |
| Arnold | Y | Hernandez | Y | Owen | Y | Teck | N |
| Blickensderfer | Y | Hillman | N | Pascoe | Y | Thiebaut | Y |
| Chlouber | N | Lacy | E | Perlmutter | Y | Wattenberg | N |
| 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 | E | Sullivant | Y | | |
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE
Senator Anderson moved the adoption of the Report of the Committee of the Whole, as shown by the following roll call vote:
| YES 29 | | NO 4 | | EXCUSED 2 | | ABSENT 0 | |
| Anderson | Y | Evans | Y | Musgrave | N | 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 | N | Lacy | E | 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 | E | Sullivant | Y | | |
A majority of all members elected having voted in the affirmative, the following action was taken:
SB00-125, as amended, declared passed on Second Reading.
SB00-086, SB00-025, SB00-095, SB00-183 laid over until Wednesday, February 2,
retaining their place on the calendar.______________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Tuesday, February 1, was laid over until Wednesday, February 2, retaining its place on the calendar.
______________________________
SENATE SERVICES REPORT
Senate Correctly engrossed: SB 00-125.
Services
COMMITTEE OF REFERENCE REPORTS
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee on State, Veterans, and Military Affairs:
and Labor SB00-038
Business After consideration on the merits, the committee recommends that SB00-106 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend printed bill, page 3, line 14, strike "and employer's liability incidental" and substitute "and employer's liability incidental";
line 15, strike "thereto" and substitute "thereto".
Page 4, line 3, strike "and";
line 4, strike "preneed funeral insurance and as well as" and substitute "and".
Page 7, line 7, strike "state," and substitute "state shall be certified,";
line 8, strike "filed certified" and substitute "filed".
Page 9, line 26, strike "Rates and rating organizations." and substitute "Title insurance.".
Page 10, line 1, strike "rating organizations" and substitute "rating organizations fees";
line 2, strike "part 4 of article 4 of this title section 10-4-403 and 10-4-418," and substitute "part 4 of article 4 of this title,";
strike lines 10 through 12, and substitute the following:
"(I) The schedule of rates, fees, and every amendment thereto, including the effective date of the schedule amendment;
(II) A statement of compliance by an officer of the title insurance company or the title insurance agent that to the best of the officer's knowledge each rate or fee in use complies with Colorado law; and";
line 22, strike "rate,", and substitute "rate or fee,";
line 26, after "title", insert "insurance".
Page 11, line 2, strike "certificate" and substitute "statement";
line 6, after "rate", insert "or fee";
line 7, after "rate", insert "or fee";
line 9 after "rates", insert "or fees";
line 11, after "rates", insert "or fees";
line 18, strike "The";
strike lines 19 through 26.
Page 12, strike line 1.
Page 15, strike lines 4 through 16.
Renumber succeeding section accordingly.
Business After consideration on the merits, the committee recommends that SB00-144 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend printed bill, page 3, after line 8, insert the following:
"(6) "Loan amount" means the amount financed as defined in regulation z of the federal "Truth in Lending Act", 12 C.F.R. 226.18(b), as amended.";
line 10, after "transaction", insert "and renewal".
Page 5, line 3, strike "Renewals." and substitute "Renewal.";
strike line 4 and substitute the following:
"be renewed more than once. After such";
line 5, strike "renewals," and substitute "renewal,";
line 10, after the period, add "If the deferred deposit loan is renewed prior to the maturity date, the lender shall refund to the consumer a prorated portion of the finance charge based upon the ratio of time left before maturity to the loan term.";
line 20, after "charge", insert "or fee".
Page 6, line 11, strike "instrument." and substitute the following:
"instrument; except that the provisions and remedies of section 13-21-109, C.R.S., are not applicable to any deferred deposit loan.";
line 13, strike "attorney fees" and substitute "reasonable attorney fees as awarded by a court and";
line 16, after the period, add "A returned instrument charge shall not be allowed if the loan proceeds instrument is dishonored by the financial institution or the consumer places a stop-payment order due to forgery or theft.".
Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Health, Environment, Welfare and Institutions:
SB00-171
Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB00-1035
Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB00-009
MESSAGE FROM THE HOUSE
February 1, 2000
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB00-1056.
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB00-1046, amended as printed in House Journal, January 31, pages 257-258.
HB00-1055, amended as printed in House Journal, January 31, page 258.
HB00-1091, amended as printed in House Journal, Janaury 31, pages 258-259.
HB00-1109, amended as printed in House Journal, January 31, page 258.
HB00-1179, amended as printed in House Journal, January 31, page 256-257.
MESSAGE FROM THE REVISOR
February 1, 2000
We herewith transmit:
without comment, HB00-1056; and
without comment, as amended, HB00-1046, 1055, 1091, 1109 and 1179.
INTRODUCTION OF BILLS
The following bills were read by title and referred to the committees indicated:
HB 00-1036 by Representative Witwer; also Senators Blickensderfer and Anderson--Concerning access by coroners to privileged information maintained by any person who provided treatment, consultation, counseling, or therapy services to a deceased person.
Health, Environment, Welfare & Institutions
HB 00-1046 by Representative Spence; also Senator Teck--Concerning the creation of elective supplemental procedures concerning securities issued by public entities.
HB 00-1055 by Representatives Lawrence, Larson and Veiga; also Senators Arnold, Wham and Phillips--Concerning an extension of the annual general fund transfer to the capital construction fund.
HB 00-1056 by Representative Spradley; also Senator Teck--Concerning an increase in the allocation of moneys into the unemployment revenue fund.
Business Affairs & Labor
Appropriations
HB 00-1059 by Representative Vigil; also Senator Wham--Concerning the time in which payment is due on the first installment for property taxes without accruing delinquent interest.
HB 00-1078 by Representative Leyba; also Senator Epps--Concerning penalties for false medicaid claims.
Health, Environment, Welfare & Institutions
HB 00-1091 by Representatives Taylor, Clarke and Young; also Senators Wattenberg, Anderson, Lamborn, Linkhart and Reeves--Concerning the safe operation of physical processes generating high pressures, and, in connection therewith, amending requirements governing explosives and pressure vessels.
HB 00-1092 by Representative Sinclair; also Senator Epps--Concerning removal of the requirement that certain financial service institutions provide an original signature in their routine reports to the state commissioner of financial services.
HB 00-1106 by Representative Lawrence; also Senator Arnold--Concerning ratification of an interstate compact involving the exchange of criminal history records for noncriminal justice purposes.
HB 00-1109 by Representative McPherson; also Senator Powers--Concerning an increase in the number of district judges in two judicial districts, and making an appropriation therefor.
HB 00-1119 by Representatives McKay, Lee, S. Williams, Larson and Spence; also Senator Anderson--Concerning the exchange of information related to children.
Health, Environment, Welfare & Institutions
HB 00-1134 by Representative McElhany; also Senator Epps--Concerning the exclusion of certain individuals from the definition of "resident individual" for purposes of Colorado individual income taxation.
HB 00-1139 by Representatives Mace, Tapia and S. Williams; also Senator Feeley--Concerning the appointment of guardians for minors.
HB 00-1151 by Representative Gotlieb; also Senator Evans--Concerning the issuance of professional educator licenses to persons holding educator licenses issued by other states.
HB 00-1152 by Representatives Saliman, Berry and Tool; also Senators Owen, Lacy and Tanner--Concerning the expedited permanency planning program for children.
HB 00-1179 by Representatives Kester and Gotlieb; also Senators Chlouber and Powers--Concerning the regulation of barbers and cosmetologists, and, in connection therewith, repealing the state board of barbers and cosmetologists and authorizing the director of the division of registrations in the department of regulatory agencies to license barbers and cosmetologists.
HB 00-1180 by Representatives Veiga, Clapp, Decker, Hagedorn, Larson and T. Williams; also Senators Owen, Anderson and Andrews--Concerning a requirement for the issuance of written findings of fact and conclusions of law within a certain period of time after the conclusion of hearings in workers' compensation cases.
HB 00-1226 by Representatives Fairbank, Spence and Stengel; also Senator Hillman--Concerning the conversion of a liquor-licensed drugstore license to a retail liquor store license under the "Colorado Liquor Code".
____________________________
On motion of Senator Chlouber, the Senate adjourned until 9:00 a.m., Wednesday,
February 2, 2000.
Approved:
Ray Powers
President of the Senate
Patricia K. Dicks
Secretary of the Senate
LC: