Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Reverend Glen E. Hamlyn.
Roll Call Present--Total, 33.
Absent--Lacy, Lamborn--Total, 2.
Present later--Lacy, Lamborn.
Quorum The President announced a quorum present.
Reading of On motion of Senator Reeves, reading of the Journal of March 9th was dispensed with
Journal and the Journal stands approved as corrected
by the Secretary.
SENATE SERVICES REPORT
Senate Correctly engrossed: SB 98-109.
Services
Correctly revised: HB 98-1101, 1120, 1168, 1240,
1356.
To the governor for signature on Monday, March 9, 1998, at 12:20 p.m:
SB 98-19; SJR 98-4.
SIGNING OF BILLS
The President has signed: HB98-1022, 1054, 1230,
1351, and 1355.
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:
HB 98-1139 by Rep. Leyba; Senator Chlouber--Tobaccofree
Schools
A majority of those elected to the Senate having
voted in the affirmative, Senator Matsunaka was given permission
to offer a third Reading amendment.
Third Reading Amendment No. 1, by Senator Matsunaka
Amend revised bill, page 1, line 3, strike "amended"
and substitute "amended, and the said 2514103.5
(3) (a) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH,".
Page 2, after line 5, insert the following:
"(III) THE BOARD OF EDUCATION OF
EACH SCHOOL DISTRICT IS AUTHORIZED TO ALLOW STUDENTS TO SMOKE
IN AN AREA CONTINUOUSLY DESIGNATED AS A SMOKING AREA SINCE JANUARY
1, 1998, IF THE ONLY STUDENTS PERMITTED TO SMOKE:
(A) ARE OVER EIGHTEEN YEARS OF AGE OR
HAVE PRIOR WRITTEN PERMISSION FROM A PARENT OR LEGAL GUARDIAN;
AND
(B) ARE ENROLLED IN A SMOKING CESSATION
CLASS OFFERED BY THE SCHOOL AT WHICH THE STUDENTS ARE ENROLLED.".
The amendment was declared lost by the following roll call vote:
YES 13 | NO 22 | EXCUSED 0 | ABSENT 0 | ||||
Alexander | N | Feeley | N | Mutzebaugh | NE | Tanner | N |
Ament | N | Hernandez | Y | Pascoe | N | Tebedo | N |
Arnold | N | Hopper | N | Perlmutter | Y | Thiebaut | Y |
Bishop | YY | Johnson | N | Phillips | N | Wattenberg | N |
Blickensderfer |
N | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | N | Lamborn | Y | Reeves | N | Wells | N |
Coffman | N | Linkhart | N | Rizzuto | Y | Wham | N |
Congrove | Y | Martinez | Y | Rupert | N | Mr. President |
Y |
Dennis | N | Matsunaka | Y | Schroeder | N |
The question being "Shall the bill pass?" the roll was called with the following result:
YES 18 | NO 17 | EXCUSED 0 | ABSENT 0 | ||||
Alexander | N | Feeley | Y | Mutzebaugh | N | Tanner | Y |
Ament | Y | Hernandez | N | Pascoe | Y | Tebedo | N |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | N |
Bishop | N | Johnson | N | Phillips | Y | Wattenberg | N |
Blickensderfer |
N | Lacy | N | Powers | N | Weddig | Y |
Chlouber | Y | Lamborn | N | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | N | Wham | Y |
Congrove | N | Martinez | N | Rupert | Y | Mr. President |
Y |
Dennis | N | Matsunaka | N | 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 98-1120 by Rep. C. Berry; Sen. Wells--Reestablish
Olympic Tax Checkoff
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | 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 | Y |
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: Lamborn, Linkhart, Norton, Pascoe,
Powers.
HB 98-1101 by Rep. Young; Senator Wattenberg--Brand
Board Fees & Feedlots
The question being "Shall the bill pass?" the roll was called with the following result:
YES 28 | NO 7 | EXCUSED 0 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | Y | Hopper | Y | Perlmutter | N | Thiebaut | Y |
Bishop | N | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
N | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | N | 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: Chlouber
HB 98-1356 by Rep. Grampsas; Senator Lacy--Suppl
Approp Dept Of Transportation
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | 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 | Y |
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.
HB 98-1240 by Rep. Keller; Senator Reeves--State
Special Ed Advisory Committee
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | 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 | Y |
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.
HB 98-1168 by Rep. Arrington; Sen. Coffman--Use Of
Social Security Numbers
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | 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 | Y |
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: Arnold, Lamborn.
SB 98-109 by Sen. Wells; Rep. Grossman--COLS Recommendations
On Rules
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 1 | EXCUSED 0 | 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 | Y |
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.
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 98-1259
and Military
Affairs
Business The Committee on Business Affairs and Labor has had under consideration and has had a
Affairs hearing on the following appointments and recommends that the appointments be
and Labor confirmed:
BANKING BOARD
for a term expiring July 1, 1999:
LaCharles P. Keesee of Denver, Colorado, to serve
as a nonbanker from the First Congressional District and as a
Democrat, appointed;
for terms expiring July 1, 2001:
Mary L. Mohr of Golden, Colorado, to serve as an
executive officer of a trust company from the Sixth Congressional
District and as a Democrat, reappointed;
Mary S. Reisher of Denver, Colorado, to serve as
an executive officer of a bank from the First Congressional District
and as a Republican, appointed;
Jerald C. Starks of Keensburg, Colorado, to serve
as an executive officer of a bank from the Fourth Congressional
District and as a Republican, reappointed.
Business After consideration on the merits, the committee recommends that HB 98-1025 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 11, strike "SPOUSE."
and substitute "SPOUSE; EXCEPT THAT ANY POLICY OF SUCH PERMISSIVE
OPERATOR SHALL BE PRIMARY.";
strike lines 23 and 24 and substitute the following:
"OPTIONS AVAILABLE IN such policy option
may include AND MAY MAKE OTHER conditions
and limitations to";
line 25, strike "coverage." and substitute
"coverage AVAILABLE.".
Page 4, line 19, strike "July 1, 1998"
and substitute "January 1, 1999".
MESSAGE FROM THE HOUSE
March 10, 1998
Mr. President:
The House has passed on Third Reading and transmitted
to the Revisor of Statutes HB98-1375.
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1123, amended as printed in House Journal, March 9, page 864;
HB98-1128, amended as printed in House Journal, March
9, pages 864-865.
The House has passed on Third Reading and returns
herewith SB98-005, 016, and 032.
The House has adopted and returns herewith SJR98-9.
The House has postponed indefinitely SB98-099. The
bill is returned herewith.
INTRODUCTION OF RESOLUTIONS
The following resolution was read by title and referred
to the committee indicated:
HJR98-1004 by Representatives George and K. Alexander; also Senator B. Alexander--Concerning competitive marketing and packing of beef.
(Printed in House Journal, January 12, pages 65-67, and as amended as printed in House Journal, March 4, page 816.)
Agriculture, Natural Resources and Energy
The following resolution was read by title:
HJR 98-1012 by Representative C. Berry; also Senators Norton and Wells--Concerning the authority of the Jack Swigert Memorial Commission to raise additional moneys to place an additional statue of John Swigert in the state of Colorado.
(Printed in House Journal, February 13, paes 498-500.)
Laid over one day under Senate Rule 30(e), and placed
on the calendar of Wednesday, March 11.
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
HB 98-1009 by Representative Sullivant; also Senator Tebedo--Concerning the fire suppression program in the fire safety division of the Colorado department of public safety.
State, Veterans, and Military Affairs
Appropriations
HB 98-1030 by Representative Agler; also Senator Schroeder--Concerning the elimination of the consideration of federal broadcast licenses by the property tax administrator when determining the actual value of a wireless carrier for property tax purposes.
Finance
Appropriations
HB 98-1088 by Representative Kaufman; also Senator Mutzebaugh--Concerning procedural changes for the strengthening of the criminal laws.
Judiciary
Appropriations
HB 98-1112 by Representatives Swenson, Grampsas, Owen, and Romero; also Senators Hopper, Blickensderfer, Lacy, and Rizzuto--Concerning assistance grants for elderly and disabled persons, and making an appropriation in connection therewith.
Health, Environment, Welfare and Institutions
Appropriations
HB 98-1137 by Representatives Kreutz and Lawrence; also Senator Coffman--Concerning authorization of county transfers of temporary assistance for needy families funds to programs funded by Title XX of the federal "Social Security Act".
Health, Environment, Welfare and Institutions
HB 98-1189 by Representatives Entz and Reeser; also Senator Bishop--Concerning the funding of Colorado water conservation board projects, and making appropriations in connection therewith.
Agriculture, Natural Resources and Energy
Appropriations
HB 98-1337 by Representative Kaufman; also Senator Matsunaka--Concerning the "Colorado Common Interest Ownership Act", and, in connection therewith, allowing variation by agreement from certain provisions of the act, expanding the exemption from the act for new small cooperatives and small and limited expense planned communities, requiring additional notice of meetings of a unit owners' association, and requiring notice of meetings of a unit owners' association's executive board or committee thereof.
Business Affairs and Labor
HB 98-1369 by Representative Salaz; also Senator Arnold--Concerning chiropractic licensure examinations.
Health, Environment, Welfare and Institutions
HB 98-1370 by Representatives Hefley, Adkins, Kreutz, McPherson, Morrison, Reeser, Schauer, Spradley, and Tool; also Senator Mutzebaugh--Concerning membership on district boards of health.
Health, Environment, Welfare and Institutions
HB 98-1372 by Representative Swenson; also Senator Norton--Concerning requiring certificates of review in professional negligence actions to include the defendant's employer.
Judiciary
______________________________
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 Tuesday, March 10, was laid over until Wednesday, March 11, retaining its place on the calendar.
______________________________
On motion of Senator Powers, the Senate adjourned until 9:00 a.m., Wednesday,
March 11, 1998.
Approved:
Tom Norton
President of the Senate
Attest:
Joan M. Albi
Secretary of the Senate