Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Dr. Mel Taylor.
Roll Call Present--Total, 34.
Absent/Excused--Wattenberg--Total, 1.
Present later--Wattenberg.
Quorum The President announced a quorum present.
Reading of On motion of Senator Congrove, reading of the Journal of February 23rd was dispensed
Journal with and the Journal stands approved as corrected
by the Secretary.
SENATE SERVICES REPORT
Senate Correctly engrossed: SB 98-93, 102, 136, 157, 159.
Services
Correctly revised: 98-1074, 1078, 1351.
COMMITTEE OF REFERENCE REPORT
State, The Committee on State, Veterans, and Military Affairs has had under consideration and Veterans, has had a hearing on the following appointments and recommends that the appointments and Military be confirmed:
Affairs
FIRE AND POLICE PENSION
ASSOCIATION
for terms expiring September 1, 2001:
Randall E. Atkinson of Littleton, Colorado, to serve
as a fulltime paid fireman, reappointed;
David P. McConnel of Pueblo, Colorado, to serve as
a retired fireman, appointed.
MESSAGES FROM THE GOVERNOR
Appoint- Letters of designation and appointment from Governor Romer were read and assigned to
ments Committee as follows:
February 10, 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 resubmit to your consideration, the following:
for a term expiring April 15, 2001:
David D. Sanchez of Greeley, Colorado, to serve as
a member from the Fourth Congressional District and as a Democrat,
appointed.
Sincerely,
(Signed)
Roy Romer
Governor
Rec'd 2/12/98
P. Dicks, Assistant Secretary
Committee on Agriculture, Natural Resources and Energy
February 3, 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:
for a term expiring December 13, 1999:
Diane M. Miller of Fountain, Colorado, to serve as
an executive with risk management experience and to fill a vacancy
occasioned by the resignation of Charlotte A. MacGuffie, appointed.
Sincerely,
(Signed)
Roy Romer
Governor
Rec'd 2/12/98
P. Dicks, Assistant Secretary
Committee on Business Affairs and Labor
February 5, 1998
To the Honorable
Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Ladies and Gentlemen:
On December 15, 1997, I appointed Ernest L. Duran
of Arvada, Colorado to the Board of Directors of the Colorado
Compensation Insurance Authority and his name was submitted for
Senate confirmation.
Ernest L. Duran has submitted his resignation.
I am hereby withdrawing the name of Ernest L. Duran from further consideration by the Senate.
Sincerely,
(Signed)
Roy Romer
Governor
Rec'd 2/12/98
P. Dicks, Assistant Secretary
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
HB 98-1060 by Representatives Schauer; also Senator Wattenberg--Concerning the regulation of public utilities by the public utilities commission.
Business Affairs and Labor
HB 98-1192 by Representative Paschall; also Senator Mutzebaugh--Concerning strategies for the protection of air quality in carbon monoxide nonattainment areas under the state implementation plan, and, in connection therewith, directing the air quality control commission to require the use of oxygenated fuels only as a contingent strategy for such areas that have been redesignated as attainment areas.
Agriculture, Natural Resources and Energy
HB 98-1335 by Representative Grampsas; also Senator Hopper--Concerning the creation of the Colorado intermountain fixed guideway authority.
Transportation
INTRODUCTION OF RESOLUTION
The following resolution was read by title:
SJR 98-8 by Senator Norton; also Representatives
Tool, Kreutz, Johnson, and Kaufman--Concerning the extension of
congratulations from the general assembly to the Colorado State
University Rams football team.
Laid over one day under Senate Rule 30(b), and placed
on the calendar of Wednesday, February 25.
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 98-111 by Sen. Coffman; Rep. Hefley--Appointment
Of Former Members
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | NO 2 | EXCUSED 1 | 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 | N |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | E |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | N | 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-sponsor added: Dennis
SB 98-157 by Sen. Tebedo; Rep. Kreutz--Family Child
Care Homes
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | NO 2 | EXCUSED 1 | 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 | E |
Blickensderfer |
Y | Lacy | Y | Powers | N | Weddig | Y |
Chlouber | Y | Lamborn | Y | 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 | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
SB 98-102 by Sen. Linkhart; Rep. Tate--Entities
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | 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 | E |
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 98-159 by Sen. Bishop; Rep. George--Oil/Gas Royalty
Payments & Info
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | 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 | E |
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-sponsor added: Chlouber
SB 98-93 by Sen. Linkhart; Rep. Agler--Property Tax
Protest & Appeal Process
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | 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 | E |
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 98-136 by Sen. Mutzebaugh; Rep. T. Williams--Jury
Service
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | 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 | E |
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-sponsor added: Pascoe
HB 98-1351 by Rep. Grampsas; Senator Lacy--Suppl
Approp Dept Of Personnel
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | NO 2 | EXCUSED 1 | 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 | E |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | N | 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-sponsor added: Martinez
HB 98-1074 by Rep. McElhany; Senator B. Alexander--Continue
Utility Consumers' Board
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | 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 | E |
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: Congrove, Feeley, Hernandez, Linkhart,
Martinez, Matsunaka, Pascoe, Phillips, Powers, Reeves, Rupert,
Weddig.
HB 98-1078 by Rep. McElhany; Senator B. Alexander--Continue
Office Of Consumer Counsel
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | 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 | E |
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 |
HB 98-1078 A majority of all members elected to the Senate having voted in the affirmative, the bill was
(Cont.) declared PASSED.
Co-sponsors added: Bishop, Feeley, Hernandez, Johnson,
Linkhart, Martinez, Matsunaka, Pascoe, Phillips, Reeves, Rupert,
Tebedo, Weddig.
Committee On motion of Senator Bishop, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Bishop 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 98-51 by Sen. Blickensderfer; Rep. McElhany--Mandated
State Employee Insurance
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, February 13, page 226.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 98-69 by Sen. Chlouber; Rep. Sullivant--Preserve
Historic Bldgs In Gaming Towns
Amendment No. 1, Local Government Committee Amendment
(Printed in Senate Journal, February 13, pages 227-228.)
As amended, declared LOST on Second Reading.
SB 98-84 by Sen. Mutzebaugh; Rep. Kaufman--Dealer Registration & Titling Vehicles
(Amended in General Orders as printed in Senate Journal,
February 13, page 231.)
Laid over until Wednesday, February 25, retaining
its place on the calendar. (For further action, see page 344,
where the Mutzebaugh amendment to the Report of the Committee
of the Whole was adopted and SB 98-84 as amended, was re-referred
to Committee on Transportation.)
SB 98-52 by Sen. Matsunaka; Rep. Johnson--Incentives For State Budget Savings
(Amended in General Orders as printed in Senate Journal,
February 19, page 282.)
Amendment No. 1, by Senator Matsunaka
Amend printed bill, page 2, line 18, after "MEASURES.",
insert the following:
""COST SAVINGS" INCLUDES AN ACTION
THAT WOULD RESULT IN A BASE REDUCTION DUE TO PERMANENT REDUCTIONS
IN SPENDING, BUT IN NO CASE SHALL "COST SAVINGS"
INCLUDE OR BE A RESULT OF A CASE LOAD REDUCTION.".
Page 3, line 2, after "ACT.", insert the
following:
"HOWEVER, IN NO CASE SHALL AN AGENCY USE ANY
OF THE AMOUNT TRANSFERRED AS A RESULT OF COST SAVINGS TO ADD EMPLOYMENT
POSITIONS OR FOR PERSONAL SERVICES.".
Amend the State, Veterans, and Military Affairs Committee
Report, as printed in Senate Journal, February 13, page 226, line
67, strike "TWENTYFIVE" and substitute "TEN";
line 71, strike "SEVENTYFIVE" and
substitute "NINETY".
Amendment No. 2, by Senator Matsunaka
SB 98-52
(Cont.)
Amend printed bill, page 3, line 5, after "ACHIEVED.",
add "PRIOR TO EXPENDING ANY MONEYS SO TRANSFERRED, THE AGENCY
THAT ACHIEVED THE COST SAVINGS SHALL ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH THE JOINT BUDGET COMMITTEE THAT DETAILS HOW
THE AGENCY WILL SPEND THE TRANSFERRED MONEYS. ANY MONEYS TRANSFERRED
TO AN AGENCY AS THE RESULT OF COST SAVINGS MAY BE SPENT ONLY FOR
REINVESTMENT IN TECHNOLOGY OR OTHER CAPITAL PROJECTS RELATED TO
THE ITEM OF APPROPRIATION TO WHICH THE MONEYS WERE TRANSFERRED.".
Amendment No. 3, by Senators Matsunaka and Rizzuto
Amend the State Veterans and Military Affairs Committee
amendment as printed in Senate Journal, February 13, page 226,
strike lines 69 through 72.
Page 227, strike lines 1 through 6;
strike lines 18 through 28.
Line 30 strike "SECTION 3."" and substitute
"SECTION 2."
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 98-170 by Sen. Norton; Rep. Anderson--Increased
Funding For Transportation
Referred to Committee on Appropriations.
SB 98-174 by Sen. Chlouber; Rep. George--Greyhound
Purse Structures
Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment
(Printed in Senate Journal, February 20, page 318.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 98-2 by Sen. Wham; Rep. George--Capital Construction
Fund Transfer
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 98-72 by Sen. Coffman--Uniform Anatomical Gift
Requirements
Amendment No. 1, by Senator Pascoe
Amend printed bill, page 5, after line 10, insert
the following:
"SECTION 5. 1518104
(3), Colorado Revised Statutes, is amended to read:
1518104. Declaration as
to medical treatment." (3) A declaration executed
before two witnesses by any competent adult shall be legally effective
for the purposes of this article and may, but need not, be in
the following form:
I, (name of declarant) , being of sound mind
and at least eighteen years of age, direct that my life shall
not be artificially prolonged under the circumstances set forth
below and hereby declare that:
1. If at any time my attending physician
and one other qualified physician certify in writing that:
SB 98-72
(Cont.)
a. I have an injury, disease, or illness
which is not curable or reversible and which, in their judgment,
is a terminal condition, and
b. For a period of seven consecutive days
or more, I have been unconscious, comatose, or otherwise incompetent
so as to be unable to make or communicate responsible decisions
concerning my person, then
I direct that, in accordance with Colorado law, lifesustaining
procedures shall be withdrawn and withheld pursuant to the terms
of this declaration, it being understood that lifesustaining
procedures shall not include any medical procedure or intervention
for nourishment considered necessary by the attending physician
to provide comfort or alleviate pain. However, I may specifically
direct, in accordance with Colorado law, that artificial nourishment
be withdrawn or withheld pursuant to the terms of this declaration.
2. In the event that the only procedure
I am being provided is artificial nourishment, I direct that one
of the following actions be taken:
(initials of declarant)
a. Artificial nourishment shall not be continued when
it is the only procedure being provided; or
(initials of declarant)
b. Artificial nourishment shall be continued for days
when it is the only procedure being provided; or
(initials of declarant)
c. Artificial nourishment shall be continued when it
is the only procedure being provided.
3. I execute this declaration, as my free and voluntary
act, this day of , 19 .
By __________________
Declarant
The foregoing instrument was signed and declared
by to be his
THE DECLARANT'S declaration, in the presence of us, who, in his
THE DECLARANT'S presence, in the presence of each other, and at
his THE
DECLARANT'S request, have signed our names below as witnesses,
and we declare that, at the time of the execution of this instrument,
the declarant, according to our best knowledge and belief, was
of sound mind and under no constraint or undue influence.
Dated at , Colorado, this day of , 19
.
_____________________________
Name and Address
_____________________________
Name and Address
STATE OF COLORADO )
) ss.
County of _______________)
SUBSCRIBED and sworn to before me by , the declarant,
and and , witnesses, as the voluntary act and deed of the declarant
this day of , 19 .
My commission expires:
Notary Public
ORGAN AND TISSUE DONATION CAN SAVE AND ENHANCE LIVES.
I REALIZE THAT THIS DECLARATION MAY CONTAIN A DECISION ABOUT ORGAN
AND TISSUE DONATION. I REALIZE THAT A DECISION ABOUT ORGAN AND
TISSUE DONATION SHOULD REFLECT INFORMED CONSENT. A DECISION ABOUT
ORGAN AND TISSUE DONATION SHOULD ALSO BE SHARED WITH OTHERS THAT
MAY HAVE LEGAL RESPONSIBILITY WITH RESPECT TO MY BODY AFTER MY
DEATH.
SB 98-72
(Cont.)
PURSUANT TO THE PROVISIONS OF THE "UNIFORM
ANATOMICAL GIFT ACT", ARTICLE 34 OF TITLE 12, COLORADO
REVISED STATUTES:
I HEREBY GIVE, AT THE TIME OF MY DEATH, ANY OF MY ORGANS AND
TISSUES DESIGNATED BELOW THAT MAY BE NEEDED FOR
TRANSPLANTATION, THERAPY, RESEARCH, OR EDUCATION. I GIVE:
A. ANY NEEDED ORGANS/TISSUES
B. THE FOLLOWING ORGANS/TISSUES:
_______________________________
DONOR SIGNATURE: ".
Renumber succeeding sections accordingly.
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 98-25 by Sen. Rizzuto--Alcohol & Drug Driving
Safety Program
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, January 22, page 81.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, February 20, page 319.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 98-15 by Sen. Bishop; Representative Entz--Ground
Water Commission Per Diem
Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment
(Printed in Senate Journal, January 23, page 86.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, February 20, page 319.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 98-172 by Sen. Lacy; Rep. Owen--State Treasurer
Mgmt Fee Elimination
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, February 20, page 320.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 98-50 by Sen. Hopper; Rep George--Create Criminal
Justice Committee
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, February 5, pages 163-165.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, February 20, pages 319-320.)
Amendment No. 3, by Senator Wells
Amend the Judiciary Committee amendment as printed
in Senate Journal, February 5, page 165, strike lines 27 through
28 and substitute the following:
"COMMITTEE.".
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage. (For further action, see page 344, where the Powers amendment to the Report of the Committee of the Whole was adopted.)
SB 98-106 by Sen. Phillips; Rep. Gotlieb--Antihazing
(Amended in General Orders as printed in Senate Journal,
February 23, page 327.)
Amendment No. 1, by Senator Phillips
Amend the committee amendment, as printed in Senate
Journal, February 13, page 237, strike line 5, and substitute
the following:
"ORGANIZATION; EXCEPT THAT "HAZING"
SHALL NOT INCLUDE AUTHORIZED TRAINING ACTIVITIES CONDUCTED BY
MEMBERS OF THE ARMED FORCES OF THE STATE OF COLORADO OR THE UNITED
STATES.".
Amendment No. 2, by Senator Phillips
Amend the committee amendment, as printed in the
Senate Journal, February 13, page 236, line 59, strike "EXCESSIVE
FORCED CALISTHENICS;".
As amended, laid over until the next General Orders
calendar of Tuesday, February 24, retaining its place on the calendar.
Senator Wells moved that the Committee of the Whole
rise, report progress and beg leave to sit again. A majority of
those elected to the Senate having voted in the affirmative, the
motion was adopted.
AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE
WHOLE
SB 98-84 by Sen. Mutzebaugh; Rep. Kaufman--Dealer
Registration & Titling Vehicles
Senator Mutzebaugh moved to amend the Report of the
Committee of the Whole to show that SB 98-84 as amended, was re-referred
to the Committee on Transportation.
A majority of all members elected to the Senate having
voted in the affirmative, the amendment was adopted.
SB 98-50 by Sen. Hopper; Rep George--Create Criminal
Justice Committee
Senator Powers moved to amend the Report of the Committee
of the Whole to show that the following amendment to SB 98-50
as amended, did pass:
Amend the Judiciary Committee amendment as printed
in Senate Journal, February 5, page 165, after line 44 insert
the following:
A2-3-1505."
Repeal of part 15. THIS PART 15 IS REPEALED, EFFECTIVE JULY 1,
2003.".
A majority of all members elected to the Senate having
voted in the affirmative, the amendment was adopted.
SB 98-69 by Sen. Chlouber; Rep. Sullivant--Preserve
Historic Bldgs In Gaming Towns
Senator Chlouber moved to amend the Report of the
Committee of the Whole to show that SB 98-69 as amended, did pass.
The amendment was declared LOST by the following roll call vote:
YES 13 | NO 19 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | N | Feeley | N | Mutzebaugh | NE | Tanner | N |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | Y | Hopper | N | Perlmutter | N | Thiebaut | Y |
Bishop | YY | Johnson | N | Phillips | Y | Wattenberg | E |
Blickensderfer |
N | Lacy | Y | Powers | * | Weddig | Y |
Chlouber | Y | Lamborn | N | Reeves | Y | Wells | * |
Coffman | N | Linkhart | Y | Rizzuto | N | Wham | N |
Congrove | N | Martinez | N | Rupert | Y | Mr. President |
N |
Dennis | N | Matsunaka | N | Schroeder | N |
Abstaining (*) from voting under Senate Rule 17(c)--Senators Powers and Wells
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE
On motion of Senator Bishop, the Report of the Committee
of the Whole, as amended, was adopted and, a majority of all members
elected having voted in the affirmative, the following action
was taken:
SB 98-2, declared passed on Second Reading.
SB 98-51 as amended, 98-52 as amended, 98-174 as amended, 98-72 as amended, 98-25 as amended, 98-15 as amended, 98-172 as amended, 98-50 as amended, declared passed on Second Reading.
SB 98-69 as amended, declared lost on Second Reading.
SB 98-170, referred to Committee on Appropriations.
SB 98-84 as amended, re-referred to Committee on Transportation.
SB 98-106 as amended, laid over until the next General
Orders calendar of Tuesday, February 14, retaining its place on
the calendar.
Senate in recess.
Senate reconvened.
Call of Call of Senate.
Senate
Call Raised.
Committee On motion of Senator Bishop, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Bishop 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 98-171 by Sen. Lacy; Rep. Dean--Metropolitan Football Stadium District
(Amended in General Orders as printed in Senate Journal,
February 20, pages 302-307 and page 308.)
Amendment No. 1, by Senator Lacy
Amend the Coffman amendment, as printed in Senate
Journal, February 20, page 302, strike line 19 and 20;
line 22, before "line", insert "Amend
printed bill, page 5,";
strike lines 31 through 40.
Amend the Lacy amendment, as printed in Senate Journal,
February 20, page 306, line 34, strike "revenues," and
substitute "revenues AND ADMISSIONS TAX REVENUES,";
line 36, after "OR", insert "THE ADMISSIONS
TAX OR".
Amendment No. 2, by Senators Reeves and Matsunaka
Amend printed bill, page 15, after line 11, insert
the following:
ASECTION
4." 3215122(1)(b), Colorado Revised Statutes,
is amended to read:
3215122. Lease of stadium." (b)
A provision requiring the franchise AND ITS SUCCESSORS AND ASSIGNS
to conduct its complete regular home season schedule and any home
playoff events in the stadium FOR A PERIOD OF AT LEAST TWENTY
YEARS AND THAT SUCH PROVISION SHALL BE SPECIFICALLY ENFORCEABLE
AGAINST THE FRANCHISE AND ITS SUCCESSORS AND ASSIGNS;".
SB 98-171 Amendment No. 3, by Senator Lacy
(Cont.)
Amend the Coffman Amendment as printed in Senate
Journal, February 20, page 305, line 5 strike "one
hundred eighty million" and substitute Aone
hundred eighty million TWO HUNDRED
SIXTY-SIX MILLION".
Amendment No. 4, by Senator Wells
Amend the Coffman amendment, as printed in Senate
Journal, February 20, page 304, strike lines 69 through 72, and
page 305, lines 1 through 6.
Renumber succeeding sections accordingly.
Amend the Wells amendment, as printed in Senate Journal,
February 20, page 306, line 49, after "facility",
insert "WITH A RETRACTABLE ROOF";
after line 62, insert the following:
"Page 6, strike lines 5 and 6 and substitute the following:
"AN AMOUNT NOT TO EXCEED ONE HUNDRED MILLION DOLLARS.".
Page 7, strike lines 11 through 13 and substitute
the following:
"FRANCHISE TO PROVIDE AN AMOUNT NOT TO EXCEED ONE HUNDRED
MILLION DOLLARS.".
Page 14, after line 18, insert the following:
"SECTION 5." 3215113 (1),
Colorado Revised Statutes, is amended to read:
3215113. Issuance of special
obligation bonds." (1) Upon the approval of the
registered electors pursuant to the provisions of section 3215107,
the district may borrow money in anticipation of the revenues
generated from the operation of a stadium and sales tax revenues
of the district and may issue special obligation bonds in the
maximum amount of one hundred eighty million dollars to evidence
the amount so borrowed. SUCH MAXIMUM AMOUNT MAY BE INCREASED BY
AN AMOUNT EQUAL TO ANY ADDITIONAL COST ATTRIBUTABLE TO THE CONSTRUCTION
OF A RETRACTABLE ROOF LESS ANY AMOUNT TO BE RECEIVED BY THE DISTRICT
FROM THE PROCEEDS OF THE SALE OR LEASE OF THE NAME OF THE STADIUM
PURSUANT TO THIS ARTICLE.".".
Renumber succeeding sections accordingly.
Amendment No. 5, by Senator Hernandez
Amend printed bill, page 5, line 25, after "amended"
insert "and the said 32-15-106(1) is further amended BY THE
ADDITION OF A NEW PARAGRAPH,".
Page 7, after line 21, insert the following:
"(g.5) IN DESIGNING AND CONSTRUCTING A NEW STADIUM, TO ARRANGE
AND COORDINATE THE PROVISION OF MASS TRANSIT, INCLUDING LIGHT
RAIL, BUSES, AND OTHER FORMS OF PUBLIC TRANSPORTATION TO SERVICE
SUCH STADIUM WITH THE REGIONAL TRANSPORTATION DISTRICT.".
Amendment No. 6, by Senators Matsunaka and Reeves
Amend printed bill, page 15, after line 11, insert
the following:
"SECTION 4." 32-15-122(1), Colorado Revised Statutes,
is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
SB 98-171
(Cont.)
(h) A PROVISION REQUIRING THE FRANCHISE, UPON THE
SALE OF THE FRANCHISE OR 80% OF THE BENEFICIAL INTEREST IN THE
ENTITY OWNING THE FRANCHISE, TO PAY TO THE DISTRICT TO BE USED
FOR YOUTH ACTIVITY PROGRAMS, AS A ONE-TIME PAYMENT, AN AMOUNT
EQUAL TO THE "SHARING AMOUNT." AS USED IN THIS
PARAGRAPH (h), "SHARING AMOUNT" MEANS AN AMOUNT EQUAL
TO 2% OF THE NET PROFIT REALIZED BY THE FRANCHISE OR THE PERSONS
OR ENTITIES SELLING INTERESTS, AS THE CASE MAY BE, NOT TO BE LESS
THAN ONE MILLION DOLLARS. NET PROFIT MEANS THE GROSS PROCEEDS
OF THE SALE LESS CAPITOL CONTRIBUTIONS OF THE FRANCHISE (OR CAPITAL
CONTRIBUTIONS OF THE PERSON'S SELLING INTERESTS), PLUS 6% IMPUTED
ANNUAL RETURN ON SUCH CAPITAL CONTRIBUTIONS, AND LESS FRANCHISE
DEBT IF SUCH DEBT IS NOT ASSUMED OR PAID BY THE PURCHASING ENTITY.
INDIVIDUAL SALES OF THE FRANCHISE'S BENEFICIAL INTERESTS WILL
NOT TRIGGER THIS PROFIT-SHARING PROVISION, PROVIDED THAT SUCH
SALES DO NOT, OVER A ONE YEAR PERIOD, RESULT IN THE SALE OF 80%
OR MORE OF THE BENEFICIAL INTERESTS OF THE FRANCHISE TO A PERSON
OR ENTITY OR RELATED PERSONS OR ENTITIES THAT HAVE NOT BEEN A
BENEFICIAL OWNER OF INTERESTS OF THIS FRANCHISE.".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage. (For further action, see
page 348, Roll Call Vote.)
SB 98-106 by Sen. Phillips; Rep. Gotlieb--Antihazing
(Amended in General Orders as printed in Senate Journal,
February 23, page 327 and as amended as printed in Senate Journal,
February 24, page 344.)
Amendment No. 1, by Senator Wells
Amend the committee amendment, as printed in Senate
Journal, February 13, page 236, after line 48, insert the following:
"(a) "CRIMINAL ASSOCIATION OR
ORGANIZATION" MEANS A GROUP OF TWO OR MORE PERSONS WHO
ENGAGE IN RACKETEERING ACTIVITY AS DEFINED IN SECTION 1817103
(5).".
Reletter succeeding paragraphs accordingly.
Page 236, line 53, strike "DEPRIVATION, FORCED
EXCLUSION FROM SOCIAL CONTACT," and substitute "DEPRIVATION";
line 61, strike "FOOD,";
line 63, after "DRUGS,", insert "OR";
line 64, strike "C.R.S.; OR ANY OTHER"
and substitute "C.R.S.";
strike lines 65 and 66;
line 70, after "ANY", insert "STUDENT
SOCIAL" and after "ORGANIZATION", insert
"OR CRIMINAL ASSOCIATION OR ORGANIZATION".
Page 237, line 4, after "ANY", insert "STUDENT
SOCIAL";
strike line 5, and substitute the following:
"ORGANIZATION OR CRIMINAL ASSOCIATION OR ORGANIZATION.
(f) "STUDENT SOCIAL ASSOCIATION
OR ORGANIZATION" MEANS A FRATERNITY, SORORITY, ASSOCIATION,
OR SOCIAL GROUP OPERATING AT OR IN CONJUNCTION WITH AN EDUCATIONAL
INSTITUTION WHOSE MEMBERS ARE OR INCLUDE STUDENTS.".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage. (For further action, see
page 348, Roll Call Vote.)
The following bills on the General Orders calendar
of Tuesday, February 24, were laid over until Wednesday, February
25, retaining their place on the calendar:
SB 98-161, 98-116, 98-85, 98-166; HB 98-1126, 98-1016, 98-1022, 98-1208, 98-1017, 98-1073, 98-1355, 98-1143, 98-1076, 98-1210, 98-1071, 98-1139, 98-1109, 98-1149, 98-1015, 98-1054, 98-1026, 98-1047, 98-1362, 98-1358.
ROLL CALL VOTE ON SB 98-171
SB 98-171 by Sen. Lacy; Rep. Dean--Metropolitan Football
Stadium District
On the request of Senator Congrove, the President
ordered a roll call vote on SB 98-171.
Call of Call of Senate.
Senate
Call Raised.
YES 20 | NO 15 | EXCUSED 0 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | NE | Tanner | Y |
Ament | Y | Hernandez | N | Pascoe | N | Tebedo | N |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | YY | Johnson | Y | Phillips | N | Wattenberg | Y |
Blickensderfer |
N | Lacy | Y | Powers | N | Weddig | N |
Chlouber | Y | Lamborn | N | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | N | Rizzuto | N | Wham | Y |
Congrove | N | Martinez | N | Rupert | N | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
SB 98-106 by Sen. Phillips; Rep. Gotlieb--Antihazing
On the request of Senator Coffman, the President ordered a roll call vote on SB 98-106.
YES 26 | NO 9 | EXCUSED 0 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | YE | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | YY | Johnson | Y | Phillips | Y | Wattenberg | N |
Blickensderfer |
Y | Lacy | N | Powers | Y | Weddig | Y |
Chlouber | N | Lamborn | N | Reeves | Y | Wells | N |
Coffman | N | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | N |
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE
On motion of Senator Bishop, 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 98-171 as amended, 98-106 as amended, declared passed on Second Reading.
SB 98-161, 98-116, 98-85, 98-166; HB 98-1126, 98-1016,
98-1022, 98-1208, 98-1017, 98-1073, 98-1355, 98-1143, 98-1076,
98-1210, 98-1071, 98-1139, 98-1109, 98-1149, 98-1015, 98-1054,
98-1026, 98-1047, 98-1362, 98-1358, laid over until Wednesday,
February 25, retaining their place on the calendar.
COMMITTEE OF REFERENCE REPORTS
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee of the Whole: HB 98-1230
and Military
Affairs
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: HB 98-1067
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: HB 98-1097
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: HB 98-1119
and Labor
MESSAGE FROM THE HOUSE
February 24, 1998
Mr. President:
The House has voted to concur in the Senate amendments
to HB98-1344, and 1347 and has repassed the
bills as so amended.
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
SB 98-180 by Senator Schroeder; also Representative Adkins--Concerning continued implementation of the Colorado integrated criminal justice information system, and making an appropriation therefor.
Judiciary
Appropriations
HB 98-1104 by Representatives Veiga and Swenson; also Senator Tebedo--Concerning certain required automobile insurance coverage amounts.
Business Affairs and Labor
HB 98-1327 by Representative Pfiffner; also Senator Mutzebaugh--Concerning deregulation of passenger transportation, and, in connection therewith, exempting car pool and van pool arrangements in which the owner or operator of a vehicle receives compensation from passengers.
Business Affairs and Labor
______________________________
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 Tuesday, February 24, was laid over until Wednesday, February 25, retaining its place on the calendar.
______________________________
On motion of Senator Wells, the Senate adjourned until 9:00 a.m., Wednesday,
February 25, 1998.
Attest: Approved:
Joan M. Albi Tom Norton
Secretary of the Senate President of the Senate