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

20th Legislative Day Monday, January 26, 1998


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

Order

Prayer By the chaplain, Dr. Mel Taylor.

Roll Call Present--Total, 31

Absent/Excused--Lacy, Perlmutter, Wells--Total, 3.

Absent--Tanner--Total, 1.

Present later--Lacy, Tanner.

Quorum The President announced a quorum present.

Reading of On motion of Senator Phillips, reading of the Journal of January 23rd was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 98-114,115,116,117, 118,119,120,121,122,123,124,

Services 126,127,128,129,130,131,132,133,134,135,136,137,138,139,140,141,142,

143,144,145,146,147,148,149,150,151.

Correctly engrossed: SB 98-3, 17, 36, 55, 63, 82.

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 98-3 by Sen. Bishop; Rep. Schauer--Extends Repeal Of Lottery Division

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


YES 29


NO 2


EXCUSED 3


ABSENT 1


Alexander

Y

Duke

Y

Mutzebaugh

Y

Tanner

A

Ament

Y

Feeley

Y

Pascoe

Y

Tebedo

Y

Arnold

N

Hernandez

Y

Perlmutter

E

Thiebaut

Y

Bishop

Y

Hopper

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Johnson

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lacy

E

Reeves

Y

Wells

E

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 98-17 by Sen. Mutzebaugh; Rep. Adkins--Filling Vacancies In Office

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


YES 31


NO 0


EXCUSED 3


ABSENT 1


Alexander

Y

Duke

Y

Mutzebaugh

Y

Tanner

A

Ament

Y

Feeley

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Perlmutter

E

Thiebaut

Y

Bishop

Y

Hopper

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Johnson

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lacy

E

Reeves

Y

Wells

E

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 98-17 Co-sponsor added: Tebedo

(Cont.)

SB 98-36 by Sen. Wham; Rep. Epps--Telemedicine Require Colo License

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


YES 26


NO 5


EXCUSED 3


ABSENT 1


Alexander

Y

Duke

N

Mutzebaugh

Y

Tanner

A

Ament

Y

Feeley

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Perlmutter

E

Thiebaut

Y

Bishop

Y

Hopper

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Johnson

Y

Powers

N

Weddig

Y

Chlouber

N

Lacy

E

Reeves

Y

Wells

E

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: Hopper

SB 98-63 by Sen. Arnold; Rep. Adkins--Eliminate Repealer For Charter Schools

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


YES 26


NO 5


EXCUSED 3


ABSENT 1


Alexander

Y

Duke

Y

Mutzebaugh

Y

Tanner

A

Ament

Y

Feeley

Y

Pascoe

N

Tebedo

Y

Arnold

Y

Hernandez

N

Perlmutter

E

Thiebaut

N

Bishop

Y

Hopper

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Johnson

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lacy

E

Reeves

Y

Wells

E

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

N

Rupert

N

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: Chlouber, Coffman, Mutzebaugh, Norton, Powers, Schroeder, Tebedo.

SB 98-82 by Sen. Alexander; Rep. Dean--Educational & Cultural Facilities Act

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


YES 29


NO 1


EXCUSED 4


ABSENT 1


Alexander

Y

Duke

Y

Mutzebaugh

Y

Tanner

A

Ament

Y

Feeley

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Perlmutter

E

Thiebaut

N

Bishop

Y

Hopper

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Johnson

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lacy

E

Reeves

Y

Wells

E

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

*

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: Arnold, Matsunaka, Norton.

Abstaining (*) from voting under Senate Rule 17(c)--Senator Wham.

SB 98-55 by Sen. Dennis; Representative Lawrence--Enforcement Authority Of County Govts

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





YES 25


NO 6


EXCUSED 3


ABSENT 1


Alexander

Y

Duke

Y

Mutzebaugh

Y

Tanner

A

Ament

Y

Feeley

Y

Pascoe

Y

Tebedo

N

Arnold

Y

Hernandez

Y

Perlmutter

E

Thiebaut

Y

Bishop

Y

Hopper

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Johnson

Y

Powers

N

Weddig

Y

Chlouber

Y

Lacy

E

Reeves

Y

Wells

E

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

N

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.



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

of the for consideration of General Orders and Senator Matsunaka 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 98-78 by Sen. Ament; Rep. Entz--Water Resources & Pwr Development Authy

Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment

(Printed in Senate Journal, January 19, page 68.)

As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage

SB 98-31 by Sen. Linkhart; Rep. Leyba--Youth Crime Prev & Interven Prog Grants

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, January 19, page 70.)

As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage

SB 98-13 by Sen. Powers; Representative T. Williams--Disclosures PIP Managed Care Options

Laid over until Tuesday, January 27, retaining its place on the calendar.

SB 98-43 by Sen. Alexander; Rep. Dyer--Scenic Railroad Exception

Laid over until Friday, January 30, retaining its place on the calendar.

SB 98-7 by Sen. Hopper; Rep. C. Berry--Repeal Of Sunset Date For Homeless Cred

Ordered engrossed and placed on the calendar for Third Reading and Final Passage.

SB 98-40 by Sen. Coffman--State Deferred Compensation Plan Changes

Amendment No. 1, by Senator Coffman

Amend printed bill, page 2, line 15, after "FORMER" insert "IS A PARTICIPANT IN THE PLAN AND WHO IS NO LONGER SERVING AS A MEMBER OF THE GENERAL ASSEMBLY,".

As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage

SB 98-53 by Sen. Dennis--Waste Disposal By Special Dists

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, January 22, page 82.)

As amended, referred to Committee on Appropriations.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Matsunaka, 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 98-7, declared passed on Second Reading.

SB 98-78 as amended, 98-31 as amended, 98-40 as amended, declared passed on Second Reading.

SB 98-53 as amended, referred to Committee on Appropriations.

SB 98-13, laid over until Tuesday, January 27, retaining its place on the calendar.

SB 98-43, laid over until Friday, January 30, retaining its place on the calendar.

______________________________

On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Governor's Appointments, beginning with the appointments to the Ground Water Commission.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

On motion of Senator Ament, the following Governor's appointments were confirmed by a roll call vote:

GROUND WATER COMMISSION

for terms expiring May 1, 2001:

Eugene A. Bauerle of Julesburg, Colorado, to serve as a resident agriculturist from the Northern High Plains Basin, reappointed;

Richard F. Huwa of Keenesburg, Colorado, to serve as a resident agriculturist from the Lost Creek Basin, reappointed;

Earnest L. Mikita of Calhan, Colorado, to serve as a resident agriculturist from the Upper Big Sandy Basin, appointed.


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Duke

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Feeley

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Perlmutter

E

Thiebaut

Y

Bishop

YY

Hopper

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Johnson

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lacy

E

Reeves

Y

Wells

E

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


On motion of Senator Ament, the following Governor's appointment was confirmed by a roll call vote:

COLORADO AGRICULTURAL

DEVELOPMENT AUTHORITY

for a term expiring June 30, 2001:

Donald R. Schulz of Monte Vista, Colorado, to serve as a member knowledgeable of agricultural activity in the state and as a Democrat, reappointed.


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Duke

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Feeley

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Perlmutter

E

Thiebaut

Y

Bishop

YY

Hopper

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Johnson

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lacy

E

Reeves

Y

Wells

E

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


______________________________

On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Monday, January 26, was laid over until Tuesday, January 27, retaining its place on the calendar.

______________________________

Senate in recess.

Senate reconvened.

INTRODUCTION OF BILLS--FIRST READING

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

SB 98-152 by Senator Wattenberg; also Representative George--Concerning an evaluation of the regulatory structure of the retail electric industry in the state of Colorado, and, in connection therewith, establishing an electricity advisory panel, commissioning a study of the issues involved, and making an appropriation.

Business Affairs and Labor

Appropriations

SB 98-153 by Senator Hernandez; also Representative Johnson--Concerning regulatory measures to safeguard the welfare of pet animals, and, in connection therewith, amending the definitions of "pet animal facility" and "small animal hobby breeder facility" and regulating the banding of psittacine birds.

Agriculture, Natural Resources and Energy

SB 98-154 by Senator Linkhart; also Representative Alexander--Concerning a credit against the state income tax for contributions to promote child care in the state.

Finance

SB 98-155 by Senators Hernandez, Feeley, Johnson, Linkhart, Martinez, Matsunaka, Pascoe, Phillips, Rupert, Tanner, Thiebaut and Weddig--Concerning the establishment of compulsory school attendance in kindergarten, and providing for transition to a compulsory full-day kindergarten by July 1, 2001.

Education

SB 98-156 by Senators Weddig, Duke, Feeley, Hernandez, Reeves, and Thiebaut--Concerning the provision of prison chaplains in correctional facilities, and making an appropriation therefor.

Judiciary

Appropriations

SB 98-157 by Senator Tebedo; also Representative Kreutz--Concerning family child care homes.

Health, Environment, Welfare and Institutions

SB 98-158 by Senators Phillips, Bishop, Matsunaka, and Rupert; also Representative Tool--Concerning a change in state income tax policy pertaining to expenses related to child care.

Finance

SB 98-159 by Senator Bishop--Concerning the obligations of parties to agreements for the payment of proceeds from the sale of oil and gas.

Agriculture, Natural Resources and Energy

SB 98-160 by Senator Pascoe--Concerning local land use planning for urban growth, and making an appropriation therefor.

Local Government

Appropriations

SB 98-161 by Senators Wells, Norton, and Feeley; also Representatives Anderson, C. Berry, and Snyder--Concerning an appropriation to the legislative department.

Appropriations

SB 98-162 by Senator Johnson--Concerning the regulation of the business of insurance, and, in connection therewith, authorizing the office of consumer counsel to represent consumers of automobile insurance and health care coverage in proceedings before the insurance commissioner and making an appropriation.

Business Affairs and Labor

Appropriations

SB 98-163 by Senator Dennis; also Representative Schauer--Concerning a grant made to the state board for community colleges and occupational education to establish a small business development revolving loan fund.

Business Affairs and Labor

SB 98-164 by Senators Pascoe, Linkhart, Tanner, and Thiebaut; also Representative Gordon--Concerning limitations on the sale of assault weapons by unlicensed persons.

Judiciary

SB 98-165 by Senator Reeves; also Representative Adkins--Concerning pilot sites for performance contracting in child welfare.

Health, Environment, Welfare and Institutions

SB 98-166 by Senator Mutzebaugh--Concerning the "Colorado Transportation Planning Act of 1998", and, in connection therewith, abolishing and reestablishing the board of directors of the regional transportation district and the transportation commission and requiring joint meetings of such board of directors, the transportation commission, and the Colorado aeronautical board.

Transportation


TRIBUTES--A POINT OF INTEREST

Honoring Joshua Miers by Senator Rupert



JOURNAL CORRECTION

Senate Journal, January 23, page 88, line 17, strike "Judiciary" and substitute "Local Government".




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

January 27, 1997.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate