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

49th Legislative Day Tuesday, February 24, 1998


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:

STATE BOARD OF THE

GREAT OUTDOORS COLORADO

TRUST FUND

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:

WORKERS' COMPENSATION COST

CONTAINMENT BOARD

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:

DECLARATION AS TO MEDICAL OR SURGICAL TREATMENT

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

ANATOMICAL GIFT

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