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SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

15th Legislative Day Wednesday, January 21, 1998


Call to By the President at 9:00 a.m.

Order

Prayer By the chaplain, Rabbi Stanley M. Wagner.

Roll Call Present--Total, 31.

Absent/Excused--Perlmutter--Total, 1.

Absent--Powers, Tebedo, Wells--Total, 3.

Present later--Perlmutter, Powers, Tebedo, Wells.

Quorum The President announced a quorum present.

Reading of On motion of Senator Congrove, reading of the Journal of January 20th was dispensed

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

COMMITTEE OF REFERENCE REPORT

State, After consideration on the merits, the committee recommends that the following be Veterans, referred favorably to the Committee on Appropriations: SB 98-33

and Military

Affairs

MESSAGES FROM THE GOVERNOR

Appoint- Letters of designation and appointment from Governor Romer were read and assigned to ments Committee as follows:

October 21, 1997

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:

STATE STANDARDS AND ASSESSMENTS

DEVELOPMENT AND IMPLEMENTATION COUNCIL

for terms expiring September 1, 1998:

Elliott Asp of Highlands Ranch, Colorado, to fill a vacancy occasioned by the resignation of Gary Galluzzo, appointed;

Sharon F. Simpson of Denver, Colorado, to fill a vacancy occasioned by the resignation of Jose T. Maes, appointed;

for a term expiring September 1, 1999:

Curtis H. Rokala of Littleton, Colorado, to fill a vacancy occasioned by the death of Judith C. Gilbert, appointed;

for a term expiring September 1, 2000:

Dianne H. Harper of Yuma, Colorado, reappointed;

Dr. Robert L. Linn of Boulder, Colorado, reappointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 10/23/97

P. Dicks, Assistant Secretary

Committee on Education

October 21, 1997

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:

STATE STANDARDS AND ASSESSMENTS

DEVELOPMENT AND IMPLEMENTATION COUNCIL

for a term expiring September 1, 2000:

Rose M. E. Duran of Pueblo, Colorado, appointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 10/23/97

P. Dicks, Assistant Secretary

Committee on Education

INTRODUCTION OF BILLS--FIRST READING

The following bills were read by title and referred to the committees indicated:

HB 98-1016 by Representative T. Williams; also Senator Schroeder--Concerning regulation of architects by the state board of examiners of architects.

Business Affairs and Labor

HB 98-1022 by Representatives Tucker, K. Alexander, G. Berry, Dean, George, June, Miller, Nichol, and Saliman; also Senators Reeves, B. Alexander, Feeley, Powers, and Tebedo--Concerning revisions to the statutory provisions governing fire and police pension plans for purposes of compliance with the qualified plan requirements of the federal internal revenue code.

Local Government

HB 98-1025 by Representatives Swenson, Arrington, Veiga, and T. Williams; also Senators J. Johnson, Lacy, Perlmutter, Powers, and Tebedo--Concerning requirements for personal injury protection coverage policies.

Business Affairs and Labor

HB 98-1031 by Representatives Allen, Dean, and Schauer; also Senators B. Alexander, Arnold, Chlouber, and Pascoe--Concerning the private occupational school division.

Education

HB 98-1035 by Representative Grampsas; also Senator Rizzuto--Concerning the elimination of a maximum benefit amount for a retirement pension payable by the board to volunteer firefighters who have twenty years of active service and who are over the age of fifty years when an actuarial review indicates that a payment higher than one hundred dollars is actuarially sound.

Local Government

HB 98-1043 by Representative Arrington; also Senator Congrove--Concerning the authentication of signatures, and, in connection therewith, continuing the functions of the secretary of state related to the commissioning of notaries public.

State, Veterans and Military Affairs

HB 98-1056 by Representatives Grampsas, K. Alexander, G. Berry, Dean, Johnson, Miller, Nichol, Saliman, and Tucker; also Senators Rizzuto, B. Alexander, Powers, and Reeves--Concerning the specification of a period of active service required for the payment of an early retirement pension to a volunteer firefighter by the board of the trustees of a volunteer firefighter pension fund.

Local Government

HB 98-1074 by Representatives McElhany and Tate; also Senator B. Alexander--Concerning continuation of the utility consumers' board in the department of regulatory agencies.

Business Affairs and Labor

HB 98-1076 by Representative Paschall; also Senator Wham--Concerning the continuation of the compliance advisory panel to the air pollution control division in the department of public health and environment.

Health, Environment, Welfare and Institutions

HB 98-1078 by Representatives McElhany and Tate; also Senator Alexander--Concerning continuation of the office of consumer counsel in the department of regulatory agencies.

Business Affairs and Labor

HB 98-1082 by Representatives Lawrence, K. Alexander, Epps, Hagedorn, Morrison, and Paschall; also Senators Coffman and Wham--Concerning charging a fee for a replacement electronic benefits transfer card.

Health, Environment, Welfare and Institutions

HB 98-1084 by Representative Gotlieb; also Senator Wham--Concerning the continuation of the board of directors of the Auraria higher education center.

Education

HB 98-1094 by Representative Paschall; also Senator Norton--Concerning the continuation of the air quality science advisory board in the department of public health and environment.

Health, Environment, Welfare and Institutions

HB 98-1095 by Representative Chavez; also Senator Wham--Concerning a requirement that trustees who manage the assets of a benefit retirement system that is maintained for employees of a school district shall be governed by the standard for trustees contained in the Colorado "Uniform Prudent Investor Act".

Education

HB 98-1121 by Representatives Pfiffner, Hagedorn, Pankey, and Paschall; also Senator Powers--Concerning the continuation of the Colorado board of veterans affairs.

State, Veterans, and Military Affairs

INTRODUCTION AND CONSIDERATION OF RESOLUTION

SR 98-004 by Senators Wells, Norton, and Feeley--Concerning a senate employee for the second regular session of the sixty-first general assembly.

Be It Resolved by the Senate of the Sixty-first General Assembly of the State of Colorado:

That the following named person be appointed as an employee of the Senate of the Sixty-first General Assembly, convened in Second Regular Session, to the position set opposite his name.

Majority Media Relations Darin D. Goens

Senator Wells moved to suspend Senate Rule 30(c).

A two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(c) was suspended and Immediate Consideration granted.

On motion of Senator Wells, the Resolution was ADOPTED by the following roll call vote:


YES 35

NO 0

EXCUSED 0

ABSENT 0

Alexander
Y
Duke
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Feeley
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Hopper
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Johnson
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lacy
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

Employee appearing pursuant to SR 98-4 was sworn in by the President.

COMMITTEE OF REFERENCE REPORTS

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB 98-2

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: SB 98-7

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Senate for final action: SJM 98-1

Local After consideration on the merits, the committee recommends that the following be Government postponed indefinitely: SB 98-80

______________________________

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 Wednesday, January 21, was laid over until Thursday, January 22, retaining its place on the calendar.

______________________________

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

January 22, 1997.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate