This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

34th Legislative Day Monday, February 9, 1998


Call to By the President at 10:00 a.m.

Order

Prayer By the chaplain, Dr. Mel Taylor.

Roll Call Present--Total, 33.

Absent/Excused--Feeley, Wells--Total, 2.

Present later--Feeley, Wells.

Quorum The President announced a quorum present.

Reading of On motion of Senator Arnold, reading of the Journal of February 6th was dispensed with

Journal and the Journal stands approved as corrected by the Secretary.

SENATE SERVICES REPORT

Senate Correctly printed: SB 98-172; SJR 98-5.

Services

Correctly engrossed: SB 98-11, 58, 66, 70, 76, 114, 132.

Correctly revised: HB 98-1043.

COMMITTEE OF REFERENCE REPORTS

State, After consideration on the merits, the committee recommends that SB 98-119 be

Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole

and Military with favorable recommendation:

Affairs

Amend printed bill, page 3, line 7, strike "personnel." and substitute "personnel, EXCEPT THAT THE DEPARTMENT OF PERSONNEL SHALL NOT ESTABLISH ANY METHOD OF COLLECTION AND REMITTANCES OF MONTHLY CONTRIBUTIONS FROM ELECTED STATE OFFICIALS WHO DO NOT RECEIVE COMPENSATION OTHER THAN EXPENSE REIMBURSEMENT FROM STATE FUNDS FROM ANY ENTITY OTHER THAN FROM SUCH INDIVIDUAL STATE OFFICIALS.".

Trans- After consideration on the merits, the committee recommends that SB 98-118 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 2, line 13, strike "OR WEEKLY BASIS." and substitute ",WEEKLY OR MONTHLY BASIS.".

Page 3, strike lines 21 through 23 and substitute the following:

"(j) THE SALE OF AUTHORIZED INSURANCE BY AGENTS OF A MOTOR VEHICLE RENTAL COMPANY IF SUCH SALE COMPLIES WITH THE LIMITATIONS SET FORTH IN SECTION 10-2-105 (1) (g).".

Trans- After consideration on the merits, the committee recommends that SB 98-48 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 1, after "(1) (a),", insert "(1) (b),";

Page 2, strike lines 2 through 12 and substitute the following:


SB 98-48


(Cont.)

"24­32­114.  Cleanup of illegally disposed of waste tires ­ waste tire cleanup fund ­ assistance to counties ­ legislative declaration ­ repeal. (1) (a)  The director, in consultation with the executive director of the department of local affairs, shall expend moneys allocated to the division pursuant to section 25­17­202 (3), C.R.S., in the manner set forth in this section AS FOLLOWS:

(I)  MONEYS ALLOCATED, UP TO A MAXIMUM OF THIRTY PERCENT OF THE MONEYS APPROPRIATED TO THE DEPARTMENT OF LOCAL AFFAIRS FROM THE WASTE TIRE RECYCLING DEVELOPMENT CASH FUND, MAY BE EXPENDED to provide for the disposal or recycling of illegally dumped or stored waste tires at a state or county approved storage or disposal facility or at a recycling facility operated pursuant to regulations of the department of public health and environment concerning recycling OR TO ENCOURAGE THE RECYCLING OF SUCH WASTE TIRES BY CONTRACT WITH PRIVATE ENTERPRISES;

(II) (A)  MONEYS THAT ARE ALLOCATED IN ADDITION TO THE AMOUNT DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (a), UP TO A MAXIMUM OF FIFTEEN PERCENT OF THE MONEYS APPROPRIATED TO THE DEPARTMENT OF LOCAL AFFAIRS FROM THE WASTE TIRE RECYCLING DEVELOPMENT CASH FUND, MAY BE EXPENDED TO PROVIDE FOR THE PURPOSES UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH (a) OR TO PROVIDE FOR BID PREFERENCES FOR PRODUCTS THAT CONTAIN OR MAKE USE OF RECYCLED WASTE TIRES IN STATE PUBLIC PROJECTS AND LOCAL GOVERNMENT PUBLIC PROJECTS. A BID PREFERENCE MAY BE UP TO FIFTEEN PERCENT OF THE BID. THE DIRECTOR, IN CONSULTATION WITH THE ADVISORY COMMITTEE ESTABLISHED IN THE DIVISION FOR WASTE TIRE CLEAN­UP ACTIVITIES, SHALL DETERMINE HOW MONEYS FOR BID PREFERENCES SHALL BE DISTRIBUTED AMONG PROJECTS.

(B)  IF IT IS DETERMINED BY THE OFFICER RESPONSIBLE FOR AWARDING A BID THAT ALLOWING A BID PREFERENCE UNDER THIS SUBPARAGRAPH (II) MAY CAUSE DENIAL OF FEDERAL MONEYS THAT WOULD OTHERWISE BE AVAILABLE OR WOULD OTHERWISE BE INCONSISTENT WITH REQUIREMENTS OF FEDERAL LAW, THIS SECTION SHALL BE SUSPENDED, BUT ONLY TO THE EXTENT NECESSARY TO PREVENT DENIAL OF THE MONEYS OR TO ELIMINATE THE INCONSISTENCY WITH FEDERAL REQUIREMENTS.

(C)  FOR THE PURPOSES OF THIS SUBPARAGRAPH (II), "STATE PUBLIC PROJECT" MEANS ANY PUBLICLY FUNDED CONTRACT ENTERED INTO BY A GOVERNMENTAL BODY OF THE EXECUTIVE BRANCH OF THIS STATE THAT IS SUBJECT TO THE "PROCUREMENT CODE", ARTICLES 101 TO 112 OF THIS TITLE.

(b)  Expenditures authorized by this section may be made in the form of grants to counties, IF APPROPRIATE.";

line 26, strike "facility;" and substitute "facility OR TO ENCOURAGE THE RECYCLING OF WASTE TIRES BY CONTRACT WITH PRIVATE ENTERPRISES; AND TO PROVIDE FOR BID PREFERENCES FOR PRODUCTS CONTAINING OR MAKING USE OF RECYCLED WASTE TIRES.".

Page 3, strike lines 1 and 2.

Page 5, line 2, strike "FIFTY" and substitute "FORTY­FIVE".

Trans- After consideration on the merits, the committee recommends that SB 98-34 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.  42­4­233 (1), Colorado Revised Statutes, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:


SB 98-34


(Cont.)

42­4­233.  Alteration of motor vehicle configuration ­ maximum frame height ­ rules ­ enforcement. (1) (a) (I)  NO PERSON SHALL OPERATE A PICKUP TRUCK OR SPORT UTILITY VEHICLE UPON A PUBLIC HIGHWAY IF THE FRAME HEIGHT OF THE MOTOR VEHICLE IS GREATER THAN THIRTY­ONE INCHES.

(II)  NO PERSON SHALL OPERATE A PICKUP TRUCK OR SPORT UTILITY VEHICLE UPON A PUBLIC HIGHWAY IF THE BODY FLOOR HEIGHT IS GREATER THAN FIVE INCHES.

(b)  FOR THE PURPOSES OF THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(I)  "BODY FLOOR HEIGHT" MEANS THE VERTICAL DISTANCE BETWEEN THE LOWEST PORTION OF THE PASSENGER COMPARTMENT FLOOR AND THE TOP OF THE FRAME OF A MOTOR VEHICLE.

(II)  "FRAME" MEANS THE MAIN LONGITUDINAL STRUCTURAL MEMBERS OF THE CHASSIS OF A MOTOR VEHICLE OR, FOR A VEHICLE WITH UNITIZED BODY CONSTRUCTION, THE LOWEST MAIN LONGITUDINAL STRUCTURAL MEMBERS OF THE BODY OF THE MOTOR VEHICLE.

(III)  "FRAME HEIGHT" MEANS THE VERTICAL DISTANCE BETWEEN THE GROUND AND THE LOWEST POINT OF THE FRAME OF A MOTOR VEHICLE, AS MEASURED WHEN THE MOTOR VEHICLE IS UNLADEN AND IS SETTING ON A LEVEL SURFACE.

(IV)  "SPORT UTILITY VEHICLE" MEANS A FOUR­WHEEL DRIVE MOTOR VEHICLE THAT IS PRIMARILY DESIGNED TO CARRY PASSENGERS AND THAT MAY BE OPERATED OFF­HIGHWAY.

(c)  THE DEPARTMENT MAY PROMULGATE RULES TO ESTABLISH MEASUREMENT STANDARDS AND PROCEDURES THAT MAY BE USED BY LAW ENFORCEMENT PERSONNEL IN ENFORCING THE PROVISIONS OF THIS SUBSECTION (1).

SECTION 2.  42­4­233 (2), Colorado Revised Statutes, is amended to read:

42­4­233.  Alteration of suspension system. (2) (a)  This section shall not apply to motor vehicles designed or modified primarily for off­highway OR racing purposes, and such motor vehicles may be lawfully towed on the highways of this state.

(b)  THIS SECTION DOES NOT APPLY TO A MOTOR VEHICLE THAT IS PRIMARILY DESIGNED TO TRANSPORT FREIGHT OR TO ANY MOTOR VEHICLE THAT HAS A DESIGN THAT INTRINSICALLY PRECLUDES CONFORMITY WITH THE REQUIREMENTS IMPOSED BY THIS SECTION. THIS SECTION DOES NOT APPLY TO ANY VEHICLE THAT HAS AN UNALTERED AND UNDAMAGED STOCK SUSPENSION SYSTEM AS SUPPLIED BY THE MANUFACTURER OF THE MOTOR VEHICLE.

SECTION 3.  Effective date ­ applicability. (1)  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day 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.

(2)  The provisions of this act shall apply to offenses committed on or after the applicable effective date of this act.".

Trans- After consideration on the merits, the committee recommends that SB 98-84 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 2, line 11, strike "(5) AND" and substitute "(5),";


SB 98-84


(Cont.)

line 12, strike "(1) (b)." and substitute "(1) (b), AND WHO HAVE BEEN APPOINTED SOLELY FOR THE PURPOSES OF PROCESSING, OBTAINING, AND COLLECTING THE TAXES AND FEES FOR SALVAGE CERTIFICATES OF TITLE WITHIN THE COUNTY OF THE APPOINTING OFFICER.".

Page 3, line 23, strike "DEPARTMENT. A" and substitute "DEPARTMENT, FOR THE PURPOSES OF PROCESSING, OBTAINING, AND COLLECTING THE TAXES AND FEES FOR SALVAGE CERTIFICATES OF TITLE WITHIN THE COUNTY OF THE APPOINTING OFFICER. THE AUTHORITY OF A";

line 24, strike "SHALL ADMINISTER THE PROVISIONS OF ARTICLES 3" and substitute "IS LIMITED TO PROCESSING, OBTAINING, AND COLLECTING THE TAXES AND FEES FOR SALVAGE CERTIFICATES OF TITLE IN THE COUNTY OF THE APPOINTING AUTHORITY PURSUANT TO ARTICLE 6 OF THIS TITLE.";

strike lines 25 and 26.

Page 4, strike line 1;

strike line 11, and substitute the following:

"FEES FROM ANY COUNTY, THE CITY AND COUNTY OF DENVER, OR THE STATE.";

line 13, strike "REGISTRATION AND TITLING OF A MOTOR VEHICLE" and substitute "TITLING OF A SALVAGE VEHICLE";

line 16, before "TRANSMIT", insert "DIRECTLY";

line 21, after "SHALL", insert "PROMULGATE REGULATIONS TO";

strike line 23 and substitute the following:

"PARAGRAPH (b). THE DEPARTMENT'S SPECIFICATIONS AND STANDARDS SHALL, AT A MINIMUM, PROVIDE THE FOLLOWING REGARDING ANY DEALER APPOINTED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b):

(A)  THE DEALER SHALL PROCESS AT LEAST ONE THOUSAND SALVAGE CERTIFICATES OF TITLE PER MONTH OR SUCH GREATER AMOUNT AS IS DETERMINED BY THE DEPARTMENT;

(B)  THE DEALER SHALL FURNISH PERFORMANCE AND FIDELITY BONDS AS REQUIRED BY THE DEPARTMENT;

(C)  THE DEALER HAS NOT SERVED ANY SENTENCE FOR A MISDEMEANOR OR FELONY CONVICTION DURING THE TEN­YEAR PERIOD PRIOR TO MAKING THE APPLICATION;

(D)  NO ORDER OF SUSPENSION OF THE DEALER'S LICENSE HAS BEEN ENTERED DURING THE FIVE­YEAR PERIOD PRIOR TO MAKING THE APPLICATION; AND

(E)  THE DEALER IS REQUIRED TO OTHERWISE SATISFY THE REQUIREMENTS OF THIS PARAGRAPH (b) AND THE REGULATIONS PROMULGATED PURSUANT TO THIS PARAGRAPH (b).

(IV)  THE DEPARTMENT'S SPECIFICATIONS AND STANDARDS SHALL ALSO ESTABLISH INTERNAL CONTROLS WITH RESPECT TO THE INTEGRITY OF THE DEALER'S SALVAGE CERTIFICATE OF TITLING SYSTEM AND SHALL INCLUDE".

Page 1, strike line 103 and substitute the following:

"VEHICLES SOLELY FOR PURPOSES RELATED TO SALVAGE CERTIFICATES OF TITLE.".

Trans- After consideration on the merits, the committee recommends that SB 98-120 be

portation amended as follows and, as so amended, be referred to the Committee on Appropriations

with favorable recommendation:

Amend printed bill, page 4, after line 6, insert the following:

"SECTION 2.  32­9­111 (1) (b), Colorado Revised Statutes, is amended to read as follows:


SB 98-120


(Cont.)

32­9­111.  Election of directors ­ dates ­ terms. (1) (b)  If an election held pursuant to section 32­9­106 (2) (b) and (2) (c), 32­9­106.3, 32­9­106.4, or 32­9­106.5, OR 32­9­106.6 results in a vote for the inclusion of an area within the district, the board shall, within forty­five days, vote to include the new area in one or more existing adjacent director districts based, to the extent practical, on population. The vote by the board shall require a two­thirds majority.".

Renumber succeeding section accordingly.

Trans- After consideration on the merits, the committee recommends that SB 98-148 be

portation amended as follows and, as so amended, be referred to the Committee on Appropriations

with favorable recommendation:

Amend printed bill, page 2, line 26, after "DOLLARS.", insert the following:

"COST ESTIMATES IN EXCESS OF FIFTY THOUSAND DOLLARS BUT LESS THAN OR EQUAL TO ONE HUNDRED FIFTY THOUSAND DOLLARS SHALL BE SUBMITTED TO THE COLORADO TRANSPORTATION COMMISSION ON A QUARTERLY BASIS FOR ITS REVIEW AND APPROVAL.".

SIGNING OF RESOLUTION

The President has signed: HJR98-1007.

MESSAGE FROM THE GOVERNOR

Appoint- A letter of designation and appointment from Governor Romer was read and assigned to

ment Committee as follows:

January 22, 1998

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

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:

OIL AND GAS CONSERVATION COMMISSION

OF THE STATE OF COLORADO

for a term expiring July 1, 1998:

Molly L. Sommerville of Denver, Colorado, to serve as a member with experience in the oil and gas industry, from the First Congressional District, as a Democrat and to fill a vacancy occasioned by the resignation of Marla J. Williams.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 2/3/98

J. Albi, Secretary

Committee on Agriculture, Natural Resources and Energy



INTRODUCTION OF RESOLUTION

SR 98-7 by Senator Wells--Concerning the printing of concurrent resolutions.

Be It Resolved by the Senate of the Sixty­first General Assembly of the State of Colorado:

That Rule 30 (a) of the Rules of the Senate is amended to read:

30. RESOLUTIONS AND MEMORIALS

Resolutions and memorials shall be of the following classes:

(a) (1) Senate concurrent resolutions, which shall:

(1)  (A) Propose amendments to the state constitution or recommend the holding of a constitutional convention. FOLLOWING APPROVAL BY A TWO­THIRDS VOTE OF ALL OF THE MEMBERS OF THE SENATE, SUCH RESOLUTIONS SHALL BE ENTERED IN FULL IN THE JOURNAL TOGETHER WITH THE AYES AND NOES THEREON AS REQUIRED BY SUBSECTION (1) OF SECTION 2 OF ARTICLE XIX OF THE CONSTITUTION.

(2)  (B) Ratify proposed amendments to the federal constitution. FOLLOWING APPROVAL BY A MAJORITY VOTE OF ALL OF THE MEMBERS OF THE SENATE AS REQUIRED BY SENATE RULE 17 (f) (4), SUCH RESOLUTIONS SHALL BE ENTERED IN FULL IN THE JOURNAL TOGETHER WITH THE AYES AND NOES THEREON.

(2) Such SENATE CONCURRENT resolutions, as well as House concurrent resolutions, shall be treated in all respects as bills, except that they shall not be limited as to the time of introduction and action thereon. and they shall be entered in full in the journal when a record vote thereon is taken. HOWEVER, SUCH RESOLUTIONS MAY NOT BE INTRODUCED WITHIN THE LAST TWENTY LEGISLATIVE DAYS OF ANY REGULAR OR SPECIAL SESSION AS PROVIDED FOR IN JOINT RULE 23 (g). All other provisions of these rules or the joint rules applying to bills shall also apply to concurrent resolutions.

(3) Concurrent resolutions of either house shall be referred to an appropriate committee of reference.

Laid over one day under Senate Rule 30(c), and placed on the calendar of Tuesday, February 10.

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 98-11 by Senator Bishop; Rep. Allen--Prohibit Sex Offenders On School Bd

The question being "Shall the bill pass?" the roll was called with the following result:


YES 35


NO 0


EXCUSED 0


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Alexander, Arnold, Chlouber, Congrove, Dennis, Hopper, Johnson, Martinez, Mutzebaugh, Norton, Perlmutter, Phillips, Powers, Rizzuto, Schroeder, Wattenberg, Wells, Wham.

SB 98-58 by Senator Tanner; Rep. Clarke--Health Benefits For Diabetics

The question being "Shall the bill pass?" the roll was called with the following result:


YES 27


NO 8


EXCUSED 0


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

N

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

N

Arnold

N

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

N

Weddig

Y

Chlouber

Y

Lamborn

N

Reeves

Y

Wells

Y

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

N


A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Feeley, Hernandez, Linkhart, Martinez, Pascoe, Phillips, Rupert, Thiebaut.

SB 98-76 by Senator Weddig; Rep. Lawrence--Notaries Public

The question being "Shall the bill pass?" the roll was called with the following result:


YES 34


NO 1


EXCUSED 0


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

SB 98-66 by Senator Wells; Rep. Kreutz--Disabled Jurors

The question being "Shall the bill pass?" the roll was called with the following result:


YES 35


NO 0


EXCUSED 0


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Bishop, Congrove, Dennis, Hernandez, Hopper, Lamborn, Martinez, Mutzebaugh, Norton, Pascoe, Perlmutter, Rupert, Schroeder, Thiebaut, Wham.

HB 98-1043 by Rep. Arrington; Senator Congrove--Regulation Of Notaries

The question being "Shall the bill pass?" the roll was called with the following result:


YES 35


NO 0


EXCUSED 0


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

HB 98-1043 Co-sponsor added: Tebedo

(Cont.)

SB 98-70 by Senator Tanner; Rep. Tate--Works Participants At Community Colleges

The question being "Shall the bill pass?" the roll was called with the following result:


YES 34


NO 1


EXCUSED 0


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

N

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

SB 98-132 by Senator Hopper; Rep. Grampsas--Prop Taxation of Nongaming Property

The question being "Shall the bill pass?" the roll was called with the following result:


YES 33


NO 0


EXCUSED 2


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

*

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

*

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Alexander, Chlouber, Johnson.

Abstaining (*) from voting under Senate Rule 17(c)--Senators Powers, Wells.

SB 98-114 by Senator Wells; Rep. Kaufman--Division Of PERA In Dom Rel Cases

The question being "Shall the bill pass?" the roll was called with the following result:


YES 33


NO 2


EXCUSED 0


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

N

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

N

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.


Committee On motion of Senator Tebedo, the Senate resolved itself into Committee of the Whole

of the for consideration of General Orders and Senator Tebedo 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 98-16 by Senator Coffman--Stadium Construction Performance Bonds

Laid over until Tuesday, February 10, retaining its place on the calendar.

SB 98-147 by Senator Powers; Rep. McElhany--Right To Remedy Residential Construction

Laid over until Tuesday, February 10, retaining its place on the calendar.

SB 98-8 by Sen. Wells; Rep. Adkins--Prelim Hearings In Cl 4­6 Felonies

Laid over until Tuesday, February 10, retaining its place on the calendar.

SB 98-37 by Senator Lacy--Liquor Sales To Underage Persons

Laid over until Tuesday, February 10, retaining its place on the calendar.

SB 98-49 by Senator Schroeder; Rep. May--Tax Exempt Internet & On Line Services

Laid over until Tuesday, February 10, retaining its place on the calendar.

SB 98-73 by Senator Matsunaka--Landlord & Tenant Issues

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 5, pages 167-170.)

Amendment No. 2, by Senator Matsunaka

Amend the Business Affairs and Labor Committee amendment, as printed in Senate Journal, February 5, page 170, after line 5, insert the following:

"(8)  THIS SECTION SHALL NOT APPLY TO MOBILE HOME RENTAL AGREEMENTS BETWEEN HOME OWNERS AND LANDLORDS THAT ARE GOVERNED BY PART 2 OF ARTICLE 12 OF THIS TITLE.".

As amended, laid over until Tuesday, February 10, retaining its place on the calendar.

SB 98-107 by Senator Matsunaka--Expeditious Access To Medical Treatment

Laid over until Friday, February 13, retaining its place on the calendar.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Tebedo, 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:

SB 98-16, 98-147, 98-8, 98-37, 98-49, laid over until Tuesday, February 10, retaining their place on the calendar.

SB 98-73 as amended, laid over until Tuesday, February 10, retaining its place on the calendar.

SB 98-107, laid over until Friday, February 13, retaining its place on the calendar.

COMMITTEE OF REFERENCE REPORT

Education After consideration on the merits, the committee recommends that SB 98-110 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, line 12, after "FAMILIAL STATUS,", insert "RELIGION,".


MESSAGE FROM THE HOUSE

February 9, 1998

Mr. President:

The House has adopted and returns herewith SJR98-5.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Monday, February 9, was laid over until Tuesday, February 10, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring Palisade High School Football Team by Senator Bishop

Memorializing Micheal Bonney Lopez by Senator Thiebaut




On motion of Senator Wells, the Senate adjourned until 9:00 a.m., Tuesday,

February 10, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate