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SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

22nd Legislative Day Wednesday, January 28, 1998


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

Order

Prayer By the chaplain, Rabbi Stanley M. Wagner.

Roll Call Present--Total, 28

Absent/Excused--Johnson, Lacy, Schroeder, Wattenberg--Total, 4.

Absent--Feeley, Hernandez, Mutzebaugh--Total, 3.

Present later--Feeley, Hernandez, Lacy, Mutzebaugh, Schroeder, Wattenberg.

Quorum The President announced a quorum present.

Reading of On motion of Senator Phillips, reading of the Journal of January 27th was dispensed with

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

COMMITTEE OF REFERENCE REPORT

Health, After consideration on the merits, the committee recommends that SB 98-23 be

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

Welfare and favorable recommendation:

Institutions

Amend printed bill, page 3, line 17, strike "THAT IS UNSAFE FOR ANY INFANT USING THE CRIB.", and substitute "UNLESS IT MEETS 1990 FEDERAL STANDARDS.".

Page 4, after line 1, insert the following:

"(5) THE CONSUMER PROTECTION DIVISION OF THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL MAKE AVAILABLE TO THE PUBLIC COPIES OF THE FEDERAL STANDARDS AND THE VOLUNTARY STANDARDS OF THE AMERICAN SOCIETY FOR TESTING MATERIALS AS SPECIFIED IN SUBSECTION (4) OF THIS SECTION. ONE COPY SHALL ALSO BE PROVIDED TO THE STATE PUBLICATIONS DEPOSITORY AND DISTRIBUTION CENTER. THE STATE LIBRARIAN SHALL RETAIN A COPY OF THE MATERIAL AND SHALL MAKE A COPY AVAILABLE FOR INTERLIBRARY LOANS.

(6) ANY USED CRIB THAT HAS ANY OF THE FOLLOWING DANGEROUS FEATURES OR CHARACTERISTICS SHALL BE PRESUMED TO BE UNSAFE PURSUANT TO THIS SECTION:

(a)  CORNER POSTS THAT EXTEND MORE THAN ONE-SIXTEENTH OF AN INCH;

(b) SPACES BETWEEN SIDE SLATS THAT ARE WIDER THAN TWO AND THREE-EIGHTHS INCHES;

(c) MATTRESS SUPPORTS THAT MAY BE EASILY DISLODGED FROM ANY POINT OF THE CRIB. A MATTRESS SEGMENT MAY BE EASILY DISLODGED IF IT CANNOT WITHSTAND AT LEAST A TWENTY-FIVE POUND UPWARD FORCE FROM UNDERNEATH THE CRIB;

(d) CUTOUT DESIGNS ON THE END PANELS OF THE CRIB;

(e) RAIL HEIGHT DIMENSIONS THAT DO NOT CONFORM TO THE FOLLOWING:

(I) THE HEIGHT OF THE RAIL AND END PANEL AS MEASURED FROM THE TOP OF THE RAIL OR PANEL IN ITS LOWEST POSITION TO THE TOP OF THE MATTRESS SUPPORT IN ITS HIGHEST POSITION IS AT LEAST TWENTY-TWO AND EIGHT TENTHS CENTIMETERS OR NINE INCHES;

SB 98-23

(Cont.)

(II) THE HEIGHT OF THE RAIL AND END PANEL AS MEASURED FROM THE TOP OF THE RAIL OR PANEL IN ITS HIGHEST POSITION TO THE TOP OF THE MATTRESS SUPPORT IN ITS LOWEST POSITION IS AT LEAST SIXTY-SIX CENTIMETERS OR TWENTY-SIX INCHES;

(f) ANY SCREWS, BOLTS, OR HARDWARE THAT ARE LOOSE AND NOT SECURED;

(g) SHARP EDGES, POINTS, OR ROUGH SURFACES OR ANY WOOD SURFACES THAT ARE NOT SMOOTH AND FREE FROM SPLINTERS, SPLITS, OR CRACKS;

(h) NONFULL-SIZE CRIBS WITH TEARS IN MESH OR FABRIC SIDES.".

Renumber succeeding subsections accordingly.

MESSAGE FROM THE HOUSE

January 27, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1038, 1071, 1073, 1080, 1086, 1113, 1117, 1119, 1120, 1127, 1149, and 1157.

HB98-1008, amended as printed in House Journal, January 26, page 228;

HB98-1017, amended as printed in House Journal, January 26, pages 228-229; HB98-1024, amended as printed in House Journal, January 26, page 229;

HB98-1041, amended as printed in House Journal, January 26, page 230;

HB98-1045, amended as printed in House Journal, January 26, page 229;

HB98-1055, amended as printed in House Journal, January 26, page 230;

HB98-1062, amended as printed in House Journal, January 26, pages 230-231;

HB98-1096, amended as printed in House Journal, January 26, page 228;

HB98-1126, amended as printed in House Journal, January 26, page 231;

HB98-1158, amended as printed in House Journal, January 26, pages 231-232.

MESSAGE FROM THE REVISOR

January 27, 1998

We herewith transmit:

without comment, HB98-1038, 1071, 1073, 1080, 1086, 1113, 1117, 1119, 1120, 1127, 1149, and 1157; and,

without comment, as amended, HB98-1008, 1017, 1024, 1041, 1045, 1055, 1062, 1096, 1126, and 1158.

MESSAGES FROM THE GOVERNOR

Appoint- Letters of designation and appointment from Governor Romer were read and assigned to

ments Committee as follows:

January 15, 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:

BOARD OF REAL ESTATE APPRAISERS

for a term expiring July 1, 2000:

Thomas H. Evans of Colorado City, to serve as a public member, appointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 1/20/98

J. Albi, Secretary

Committee on Business Affairs and Labor

January 15, 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:

STATE BOARD OF NURSING

for a term expiring July 1, 2000:

Bonnie J. Hermesman of Durango, Colorado, to serve as a licensed professional nurse engaged in nursing service administration, and to fill a vacancy occasioned by the resignation of Gloria J. Raigoza.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 1/20/98

J. Albi, Secretary

Committee on Health, Environment, Welfare and Institutions

September 15, 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 resubmit to your consideration, the following:

STATE BOARD OF THE

GREAT OUTDOORS COLORADO

TRUST FUND

for terms expiring April 15, 2001:

John T. Fielder of Greenwood Village, Colorado, to serve as a member from the Sixth Congressional District and as a Democrat, reappointed;

Jonathon Fred Niehaus of Highlands Ranch, Colorado, to serve as a member from the Fifth Congressional District and as a Republican, reappointed;

James P. Kelley of Denver, Colorado, to serve as a member from the First Congressional District and as a Democrat, appointed;

James R. Koncilja of Pueblo, Colorado, to serve as a member from the Third Congressional District and as a Democrat, reappointed.

Sincerely,

(Signed)

Roy Romer

Governor

10/23/97

J. Albi, Secretary

Committee on Agriculture, Natural Resources and Energy

December 15, 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:

COLORADO AERONAUTICAL BOARD

for terms expiring December 19, 2000:

George Brewer of Evergreen, Colorado, to serve as a representative of local government from the eastern slope, reappointed;

Dale K. Hall of Greeley, Colorado, to serve as a representative of local government from the eastern slope, appointed;

Douglas L. Lashley of Durango, Colorado, to serve as a representative of local government from the western slope, appointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 12/22/97

J. Albi, Secretary

Committee on Transportation

November 4, 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:

COLORADO WATER RESOURCES

AND POWER DEVELOPMENT AUTHORITY

for terms expiring October 1, 2001:

Ann E. Nichols of Mantiou Springs, Colorado, to serve as a representative from the Arkansas Drainage Basin and as a Republican, appointed;

Thomas R. Sharp of Steamboat Springs, Colorado, to serve as a representative from the Yampa White Drainage Basin experienced in the planning and developing of water projects and as a Democrat, reappointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 11/7/97

J. Albi, Secretary

Committee on Agriculture, Natural Resources and Energy

THIRD READING OF BILL--FINAL PASSAGE

On Third Reading, the title of the following bill was publicly read, the reading at length having been dispensed with by unanimous consent:

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

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


YES 32

NO 0

EXCUSED 3

ABSENT 0

Alexander
Y
Duke
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Feeley
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Hopper
Y
Phillips
Y
Wattenberg
E

Blickensderfer
Y
Johnson
E
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
E

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

Co-sponsor added: Tebedo

______________________________

On motion of Senator Bishop, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Wednesday, January 28, was laid over until Thursday, January 29, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring Angel C. Emit by Senator Alexander and Representative Dyer

Honoring Michael Adams by Senator Wattenberg and Representative George

Honoring Russell L. Jones by Senator Dennis

Honoring Aaron Williams by Senator Dennis

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

January 29, 1997.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate