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
20th Legislative Day Monday, January 24, 2000
Call to By the President at 10:00 a.m.
Order
Prayer By the chaplain, Dr. Gilbert Caldwell, Park Hill Methodist Church, Denver.
Roll Call Present--Total, 31.
Absent/Excused--Hernandez, Nichol, Phillips, Wham--Total, 4.
Present later--Hernandez, Nichol, Phillips, Wham.
Quorum The President announced a quorum present.
Reading of On motion of Senator Epps, reading of the Journal of Friday, January 21 was
Journal dispensed with and the Journal stands approved as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 00-147, 148, 149, 150, 151, 152, 153, 154, 155,
Services 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169,
170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182.
COMMITTEE OF REFERENCE REPORTS
Health, After consideration on the merits, the committee recommends that SB00-042 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 5, after line 18, insert the following:
"SECTION 3. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the distributive data processing special purpose account not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 2000, the sum of one hundred sixty-one thousand seven hundred dollars ($161,700), or so much thereof as may be necessary, for the implementation of this act.
(2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the council for persons with disabilities fund not otherwise appropriated, to the office of the governor, for the fiscal year beginning July 1, 2000, the sum of three thousand one hundred twenty dollars ($3,120), or so much thereof as may be necessary, for the implementation of this act.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "disabilities." and substitute "disabilities, and making an appropriation in connection therewith.".
Health, After consideration on the merits, the committee recommends that SB00-054 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 4, line 9, strike "The";
strike line 10 and substitute the following:
Senate Journal-20th Day-January 24, 2000 Page 1
Page 1 Senate Journal-20th Day-January 24, 2000
"Moneys from the organ and tissue donation awareness fund created in section 42-2-107, C.R.S., shall be used to";
line 11, before "initial", insert "the reasonable costs associated with the";
line 23, after the period insert "No organ or tissue donation organization may obtain information from the organ and tissue donor registry for the purposes of fund-raising.".
Page 5, line 7, strike "implementation" and substitute "creation";
strike lines 9 and 10 and substitute the following:
"by the procurement agency.".
Page 10, strike lines 14 through 17 and substitute the following:
"SECTION 8. 42-2-107 (4) (b) (III), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUB-SUBPARAGRAPHS to read:";
strike lines 23 through 26.
Page 11, strike lines 1 through 18 and substitute the following:
"(C) To the department of revenue for the reasonable costs associated with the initial installation of the organ and tissue donor registry, the setup for electronic transfer of the donor information for the organ and tissue donor registry to the federally designated organ procurement agency, and computer programming and form changes necessary as a result of the creation of the organ and tissue donor registry.
(D) To the transplant council of the rockies (TCOR) for the costs associated with educating the public about the organ and tissue donor registry pursuant to section 12-34-110, C.R.S.
SECTION 9. 42-2-107 (4) (b) (V) and (4) (b) (VII), Colorado Revised Statutes, are amended to read:
42-2-107. Application for license or instruction permit - anatomical gifts - donations to organ and tissue donation awareness fund - legislative declaration - repeal. (4) (b)".
Renumber succeeding sections accordingly.
Page 12, after line 19, insert the following:
"(VII) This paragraph (b) is repealed, effective July 1, 2004 2008.".
Page 13, line 16, strike "(II) (A)," and substitute "(II),".
Page 14, after line 16, insert the following:
"(B) This subparagraph (II) is repealed, effective July 1, 2004 2008.".
Education After consideration on the merits, the committee recommends that SB00-098 be
amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 7, strike "and grounds".
INTRODUCTION OF BILL--FIRST READING
The following bill was read by title and referred to the committee indicated:
SB 00-183 by Senator Feeley; also Representative McPherson--Concerning the role of higher education in the development of technology, and, in connection therewith, encouraging higher education institutions and systems to participate in the development of information technology education, innovation, and commerce.
MESSAGE FROM THE GOVERNOR
Appoint- A letter of designation and appointment from Governor Owens was read and assigned to
ment Committee as follows:
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:
Commission on Judicial Discipline
for terms expiring July 1, 2003:
Michael J. Norton of Englewood, Colorado, to serve as an attorney member, appointed;
C. Suzanne Mencer of Littleton, Colorado, to serve as a non-attorney member, appointed;
Preston C. White of Colorado Springs, Colorado, to serve as a non-attorney member.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 1/6/00
P. Dicks, Secretary
Committee on Judiciary
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 00-029 by Sen. Hillman; Rep. Young--Nuisance Suits Against Ag Operations
The question being "Shall the bill pass?" the roll was called with the following results:
| YES 32 |  | NO 2 | | EXCUSED 1 | | ABSENT 0 | |
| Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
| Andrews | Y | Feeley | N | 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 | Y | Phillips | Y | Weddig | Y |
| Dennis | Y | Linkhart | Y | Reeves | Y | Wham | E |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | Y | Sullivant | Y | | |
SB 00-029 A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Chlouber, Congrove, Dennis, Epps, Evans, Hernandez, Lamborn, Musgrave, Owen, Powers, Teck Wattenberg.
SB 00-061 by Sen. Anderson; Rep. Young--CCHE Nonprofit Tech Research Authority
The question being "Shall the bill pass?" the roll was called with the following results:
| YES 34 | | NO 0 | | EXCUSED 1 | | 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 | E |
| 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, Weddig.
SB 00-073 by Sen. Lacy; Rep. Tool--Repeal Federal Mandates Act
The question being "Shall the bill pass?" the roll was called with the following results:
| YES 33 | | NO 1 | | EXCUSED 1 | | 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 | N | Phillips | Y | Weddig | Y |
| Dennis | Y | Linkhart | Y | Reeves | Y | Wham | E |
| 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: Anderson.
SB 00-067 by Sen. Owen; Rep. Saliman--Colo Works Funding
The question being "Shall the bill pass?" the roll was called with the following results:
| YES 34 | | NO 0 | | EXCUSED 1 | | 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 | E |
| 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.
SB 00-002 by Sen. Tebedo--Jury Selection And Service
The question being "Shall the bill pass?" the roll was called with the following results:
| YES 34 | | NO 0 | | EXCUSED 1 | | 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 | E |
| 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.
SB 00-050 by Sen. Epps; Rep. Lawrence--Juvenile Boot Camp Extension
The question being "Shall the bill pass?" the roll was called with the following results:
| YES 29 | | NO 5 | | EXCUSED 1 | | 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 | N |
| Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
| Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
| Dennis | Y | Linkhart | N | Reeves | Y | Wham | E |
| 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.
Co-sponsors added: Chlouber, Powers.
Committee On motion of Senator Teck the Senate resolved itself in to Committee of the Whole
of the for consideration of General Orders and Senator Teck 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 00-039 by Sen. Evans; Rep. Spence--Building Security Technology Funds
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 Teck, 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:
SB00-039 declared passed on Second Reading.
CONSIDERATION OF RESOLUTIONS
SR 00-003 by Senators Blickensderfer, Powers, Feeley; --Concerning categories of senate committees.
Laid over one day under Senate Rule 30(c), and placed on the calendar of Tuesday,
January 25.
SR 00-006 by Senators Blickensderfer, Powers and Feeley--Concerning reconsideration.
Laid over one day under Senate Rule 30(c), and placed on the calendar of Tuesday,
January 25.
HJR 00-1002 by Representatives Dean, George, Spradley and Gordon; also Senators Blickensderfer, Powers and Feeley--Concerning changes to the Joint Rules relating to interim committees.
Laid over one day under Senate Rule 30(e), and placed on the calendar of Tuesday,
January 25.
SJR 00-003 by Senator Wattenberg; also Representative Young--Concerning additions and modifications to the water pollution control revolving fund eligibility list.
On motion of Senator Wattenberg, the Resolution was ADOPTED by the following roll call vote:
| YES 34 | | NO 0 | | EXCUSED 1 | | 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 | E |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | Y | Sullivant | Y | | |
Co-sponsor added: Perlmutter.
SJR 00-004 by Senator Wattenberg; also Representative Young--Concerning additions and modifications to the drinking water revolving fund eligibility list.
On motion of Senator Wattenberg, the Resolution was ADOPTED by the following roll call vote:
| YES 34 | | NO 0 | | EXCUSED 1 | | 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 | E |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | Y | Sullivant | Y | | |
Co-sponsor added: Perlmutter.
CONSIDERATION OF MEMORIAL
SJM 00-001 by Senator Rupert; also Representative Gordon--Memorializing former Representative Byron Johnson.
Laid over one day under Senate Rule 30(d), and placed on the calendar of Tuesday,
January 25.
CONSIDERATION OF GOVERNOR'S APPOINTMENTS
On motion of Senator Anderson, the following Governor's appointments were confirmed by a roll call vote:
COLORADO LIMITED GAMING
CONTROL COMMISSION
for terms expiring July 1, 2003:
Marilyn L. Wheeler of Boulder, Colorado, to serve as a certified public accountant
with comprehensive knowledge of the principles and practices of corporate finance
from the Second Congressional District and a Republican, re-appointed.
Robert A. Millman of Colorado Springs, Colorado, to serve as a representative attorney knowledgeable in regulatory law, and as a Democrat, from the Fifth Congressional District, appointed.
| YES 34 | | NO 0 | | EXCUSED 1 | | 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 | E |
| Dyer | Y | Martinez | Y | Rupert | Y | Mr. President | Y |
| Epps | Y | Matsunaka | Y | Sullivant | Y | | |
The House has passed on Third Reading and transmitted to the Revisor of Statutes
HB00-1027,1035,1038,1075,1087,1097 and 1155.
The House has passed on Third Reading and transmitted to the Revisor of Statutes
HB00-1024, amended as printed in House Journal, January 14, page 88.
HB00-1031, amended as printed in House Journal, January 14, page 87.
HB00-1058, amended as printed in House Journal, January 13, page 74.
HB00-1077, amended as printed in House Journal, January 19, page 120.
HB00-1086, amended as printed in House Journal, January 13, page 73.
HB00-1088, amended as printed in House Journal, January 17, page 89.
HB00-1095, amended as printed in House Journal, January 17, page 90.
HB00-1096, amended as printed in House Journal, January 17, page 90.
HB00-1113, amended as printed in House Journal, January 14, page 8.
HB00-1176, amended as printed in House Journal, January 19, page 121.
MESSAGE FROM THE REVISOR
Message From Revisor of Statutes
without comment, HB00-1027, 1035, 1038, 1075, 1087, 1097, 1155; and
without comment, as amended, HB00-1024, 1031, 1058, 1077, 1086, 1088, 1095, 1096, 1113, 1176.
INTRODUCTION OF RESOLUTION
The following resolution was read by title and referred to the committee indicated:
SCR 00-002 by Senators Blickensderfer, Powers and Feeley; also Representatives Dean, George and Gordon--Concerning the submission to the registered electors of the state of Colorado of an amendment to section 48 of article V of the constitution of the state of Colorado, concerning the timetable for adoption of a redistricting plan for the general assembly.
State, Veterans, & Military Affairs
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred to the committees indicated:
HB 00-1024 by Representatives Mace, Gotlieb, Swenson and S. Williams; also Senators Musgrave and Dyer--Concerning the requirement to provide proof of motor vehicle insurance before registering a motor vehicle with the department of revenue.
HB 00-1027 by Representative Kester; also Senator Wattenberg--Concerning the repeal of certain reporting requirements of financial institutions.
HB 00-1031 by Representative Kester; also Senator Hillman--Concerning the elimination of certain elections concerning pest control districts.
Agriculture, Natural Resources, and Energy
HB 00-1035 by Representatives Smith, Grossman, Kaufman, Miller and Morrison; also Senators Matsunaka, Blickensderfer, Perlmutter and Wham--Concerning the enactment of Colorado Revised Statutes 1999 as the positive and statutory law of the state of Colorado.
HB 00-1038 by Representative Morrison; also Senator Epps--Concerning an increase in the number of public members on the state board of medical examiners.
Health, Environment, Welfare & Institutions
HB 00-1058 by Representative Morrison; also Senator Epps--Concerning the addition of failure to truthfully respond to an officially issued complaint to grounds of unprofessional conduct under the "Colorado Medical Practice Act".
Health, Environment, Welfare & Institutions
HB 00-1075 by Representative Alexander; also Senator Reeves--Concerning the replacement of the requirement that a physician direct, supervise, and set protocol of a certified nurse-midwife with the requirement that a certified nurse-midwife practice in accordance with the standards of the American college of nurse-midwives.
Health, Environment, Welfare & Institutions
HB 00-1077 by Representative Witwer; also Senator Arnold--Concerning the creation of the governor's expert emergency epidemic response committee.
Health, Environment, Welfare & Institutions
HB 00-1086 by Representatives Gotlieb and Vigil; also Senator Musgrave--Concerning unemployment compensation benefits for persons receiving benefits under the federal "Social Security Act".
HB 00-1087 by Representative Tapia; also Senator Dennis--Concerning the public utilities commission's supervision of a public utility's guarantee of securities.
HB 00-1088 by Representative Hagedorn; also Senator Owen--Concerning a requirement that insurance companies notify consumers when using credit scoring to make decisions regarding insurance.
HB 00-1095 by Representative Berry; also Senator Blickensderfer--Concerning revisions to the municipal elections laws.
State, Veterans, & Military Affairs
HB 00-1096 by Representatives Leyba, Clarke, Taylor and Young; also Senators Reeves, Anderson and Linkhart--Concerning state agency processes for human resource innovation and management.
State, Veterans, & Military Affairs
HB 00-1097 by Representative Spradley; also Senator Tebedo--Concerning time periods applicable to voter registration challenges.
State, Veterans, & Military Affairs
HB 00-1113 by Representative Clapp; also Senator Epps--Concerning the perjury exception for statements made by a defendant falsely denying guilt in a previous prosecution.
HB 00-1155 by Representatives McKay, Kester, Larson, Miller, Spradley, Taylor and T. Williams; also Senator Teck--Concerning amendments to conform the Colorado Revised Statutes to the sunset of the regulation of debt management companies by the division of banking, and, in connection therewith, deleting references to such regulatory program at the conclusion of the wind-up period under the sunset law.
HB 00-1176 by Representative Dean; also Senator Sullivant--Concerning a prohibition on the authority of a local government to regulate when individuals may conduct religious meetings on private residential property.
MESSAGE FROM THE GOVERNOR
Appoint- A letter of designation and appointment from Governor Owens was read and assigned to
ment Committee as follows:
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:
EXECUTIVE DIRECTOR
OF MILITARY AFFAIRS
effective January 21, 2000 for a term expiring at the pleasure of the Governor:
General Mason C. Whitney of Aurora, Colorado.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 1/21/00
P. Dicks, Secretary
Committee on State, Veterans, and Military Affairs
______________________
On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Tuesday,
January 25, 2000.
Approved:
Ray Powers
President of the Senate
Patricia K. Dicks
Secretary of the Senate
LC: