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SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

57th Legislative Day Wednesday, March 4, 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--Congrove, Perlmutter, Wells--Total, 3.

Absent--Lacy--Total, 1.

Present later--Lacy, Perlmutter.

Quorum The President announced a quorum present.

Reading of On motion of Senator Phillips, reading of the Journal of March 3rd was dispensed with

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

______________________________

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 SJR 98-8.

______________________________

CONSIDERATION OF RESOLUTION

SJR 98-8 by Sen. Norton; Rep. Tool--Congratulate CSU Rams Football Team

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


YES 33


NO 0


EXCUSED 2


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

E

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

E

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


Co-sponsors added: Alexander, Ament, Arnold, Bishop, Blickensderfer, Chlouber, Coffman, Dennis, Feeley, Hernandez, Hopper, Johnson, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Mutzebaugh, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder, Tanner, Tebedo, Thiebaut, Wattenberg, Weddig, Wham.

SIGNING OF BILLS

The President has signed: HB98-1339, 1340, 1341, 1342, 1343, 1346, 1348, 1349, 1350, 1352, 1353, 1354, and 1357.

COMMITTEE OF REFERENCE REPORTS

State, After consideration on the merits, the committee recommends that HB 98-1188 be

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

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 2, strike lines 2 through 26.


HB 98-1188


(Cont.)

Page 3, strike lines 1 through 8.

Renumber succeeding sections accordingly.

Page 3, strike lines 20 through 26.

Strike page 4.

Page 5, strike lines 1 through 8.

Renumber succeeding sections accordingly.

Page 6, strike lines 5 through 26 and substitute the following:

"SECTION 3.  1­45­113, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

1­45­113.  Sanctions. (6) (a)  ANY INDIVIDUAL VOLUNTEERING HIS OR HER TIME ON BEHALF OF A CANDIDATE OR CANDIDATE COMMITTEE SHALL BE IMMUNE FROM CRIMINAL PROSECUTION OF A CLASS 2 MISDEMEANOR DESCRIBED IN PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION AND FROM ANY LIABILITY FOR A FINE OR PENALTY IMPOSED PURSUANT TO THIS SECTION IN ANY PROCEEDING THAT IS BASED ON AN ACT OR OMISSION OF SUCH VOLUNTEER IF:

(I)  THE VOLUNTEER WAS ACTING IN GOOD FAITH AND WITHIN THE SCOPE OF SUCH VOLUNTEER'S OFFICIAL FUNCTIONS AND DUTIES FOR THE CANDIDATE OR CANDIDATE COMMITTEE; AND

(II)  THE VIOLATION WAS NOT CAUSED BY WILLFUL AND INTENTIONAL MISCONDUCT BY SUCH VOLUNTEER.

(b)  PARAGRAPH (a) OF THIS SUBSECTION (6) SHALL BE ADMINISTERED IN A MANNER THAT IS CONSISTENT WITH THE LEGISLATIVE DECLARATION SET FORTH IN SECTION 1­45­102.".

Page 7, strike line 1.

Renumber succeeding section accordingly.

State, After consideration on the merits, the committee recommends that the following be

Veterans, referred favorably to the Committee of the Whole: HB 98-1028

and Military

Affairs

State, After consideration on the merits, the committee recommends that HB 98-1168 be

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

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 1, line 7, strike "OR PLEDGE" and substitute "PLEDGE";

line 8, strike "PLEDGE" and substitute "PLEDGE, OR USE".

Page 2, strike lines 20 through 26.

Page 3, strike lines 1 through 7.

Renumber succeeding section accordingly.

Judiciary After consideration on the merits, the committee recommends that HB 98-1207 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 26, strike "A" and substitute "ANY".

Page 3, line 1, strike "COUNTY JAIL." and substitute "SECURE FACILITY.";

line 5, strike "JAIL," and substitute "SECURE FACILITY,";


HB 98-1207


(Cont.)

line 9, strike "IN THE JAIL";

line 11, strike "ONE HOUR" and substitute "TWO HOURS".

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1283

Judiciary After consideration on the merits, the committee recommends that HB 98-1079 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 3, line 10, after "EXHAUSTED", insert "IN A TIMELY FASHION BY THE ENTITY AND INMATE";

strike lines 22 through 25.

Page 4, line 19, after "RESTITUTION", insert "OR CHILD SUPPORT".

State, After consideration on the merits, the committee recommends that HB 98-1110 be

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

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 6, line 4, strike "CANDIDATES" and substitute "LEGISLATIVE OR STATEWIDE CANDIDATES";

line 20, after "VALID", insert "FOR ANY GENERAL ELECTION HELD AFTER JANUARY 1, 1999,";

line 23, strike "IS REGISTERED AS A MEMBER OF" and substitute "HAS BEEN AFFILIATED FOR A PERIOD OF TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF NOMINATION WITH".


Local After consideration on the merits, the committee recommends that the following be

Government referred favorably to the Committee of the Whole: HB 98-1096

Local After consideration on the merits, the committee recommends that HB 98-1105 be

Government amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 26, after "THE", insert "PRIMARY ELECTION, WHERE APPLICABLE, AND THE".

Business After consideration on the merits, the committee recommends that HB 98-1154 be

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

and Labor favorable recommendation:

Amend reengrossed bill, page 3, strike lines 4 through 10.

Renumber succeeding section accordingly.

Business After consideration on the merits, the committee recommends that HB 98-1365 be

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

and Labor favorable recommendation:

Amend reengrossed bill, page 2, line 20, after "DETERMINATION", insert

"BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE PURSUANT TO ARTICLE 36 OF TITLE 12, C.R.S.,".

Page 3, strike line 7 and substitute the following:

"(D) The division substantiates CERTIFIES and so notifies the employer AND THE HEARING OFFICER that";

line 8, strike "No" and substitute "no";


HB 98-1365


(Cont.)

line 9, strike "worker. within the preceding five years." and substitute

"worker within the preceding five TEN years.";

strike lines 10 through 18 and substitute the following:

"SECTION 2.  Safety Clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

MESSAGE FROM THE HOUSE

March 3, 1998

Mr. President:

The House has passed on Third Reading and returns herewith SB98-103, 104, and 153.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1234, amended as printed in House Journal, March 2, pages 788-790;

HB98-1371, amended as printed in House Journal, March 2, page 792;

SB98-014, amended as printed in House Journal, March 2, page 791; SB98-119, amended as printed in House Journal, March 2, page 792.

The House has adopted and transmits herewith HJR98-1015, as printed in House Journal, March 3, 1998.

The House has voted to concur in the Senate amendments to HB98-1074, 1078, 1273, and 1351 and has repassed the bills as so amended.

MESSAGE FROM THE REVISOR

March 3, 1998

We herewith transmit:

without comment, as amended, HB98-1234 and 1371 and SB98-014 and 119.

INTRODUCTION OF BILLS

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

HB 98-1234 by Representatives Allen and Anderson; also Senator Wells--Concerning the financing of public schools, and making an appropriation in connection therewith.

Education

Appropriations

HB 98-1371 by Representative Swenson; also Senator Ament--Concerning grounds for expulsion related to dangerous weapons.

Education

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title:

HJR98-1010 by Representatives Hagedorn, Allen, Takis, and S. Williams; also Senators Weddig, Coffman, Lacy, and Martinez--Concerning the extension of congratulations from the General Assembly to the Hinkley High School Football team.

(Printed in House Journal, February 5, pages 392-393.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Thursday, March 5.

HJR 98-1013 by Representative Schauer; also Senator Norton--Concerning a request to Congress, the Secretary of Defense, and the Secretary of the Air Force to authorize the relocation of the military exchange and commissary at Fitzsimons Army Garrison to new facilities to be constructed at Buckley Air National Guard Base.

(Printed in House Journal, February 13, pages 530-532 and as amended as printed in House Journal, February 27.)

HJR 98-1013 Laid over one day under Senate Rule 30(e), and placed on the calendar of Thursday,

(Cont.) March 5.

HJR 98-1015 by Representative Anderson; also Senator Wells--Concerning legislative deadlines on Good Friday, April 10, 1998.

(Printed in House Journal, March 3, 1998.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Thursday, March 5.

TRIBUTES--A POINT OF INTEREST

Honoring the Colorado Oklahoma Resource Council by Senator Hopper


JOURNAL CORRECTION

Senate Journal, January 28, 1998, page 117, line 15, strike "Democrat" and substitute "Republican". (NOTE: A corrected letter from the Governor's office was delivered to the Secretary of the Senate, but a corrected computer copy was not. This omission resulted in inaccurate information in the Senate Journal and the Senate calendar. Both have been corrected. The corrected letter was read across the desk and is on file with the Journal Supporting Papers of January 28, 1998.)




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

March 5, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate