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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

64th Legislative Day Wednesday, March 11, 1998

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

Order

Prayer By the chaplain, Rabbi Stanley M. Wagner.

Roll Call Present--Total, 29.

Absent/Excused--Dennis, Lacy, Norton, Perlmutter, Wattenberg, Wells--Total, 6.

Present later--Lacy, Norton, Perlmutter, Wattenberg.

Quorum The President pro tem announced a quorum present.

Reading of On motion of Senator Reeves, reading of the Journal of March 10th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly enrolled: SM 98-1.

Services

COMMITTEE OF REFERENCE REPORTS

Judiciary After consideration on the merits, the committee recommends that HB 98-1224 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 3, strike lines 14 and 15 and substitute "(c) OBTAIN A STATEMENT FROM THE INDIVIDUAL ATTESTING, UNDER PENALTY OF PERJURY, THAT SUCH PERSON IS PROVIDING TRUE AND COMPLETE".

Judiciary After consideration on the merits, the committee recommends that HB 98-1179 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 5, strike "ANY";

line 6, strike "ORDER" and substitute "ORDERS";

line 12, strike "TO BE USED" and substitute "THAT MAY BE USED";

line 13, strike "ANY", and strike "ORDER" and substitute "ORDERS";

line 24, after "JUDGES", insert ", LAW ENFORCEMENT, A MEMBER OF THE COLORADO BAR ASSOCIATION,".

Judiciary After consideration on the merits, the committee recommends that HB 98-1103 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 5, strike lines 22 through 26, 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.".

Page 6, strike lines 1 through 4.

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

Veterans, referred favorably to the Committee of the Whole: HB 98-1363

and Military

Affairs

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

Veterans, referred favorably to the Committee of the Whole: HB 98-1332

and Military

Affairs

MESSAGE FROM THE REVISOR

March 10, 1998

We herewith transmit:

without comment, HB98-1375; and,

without comment, as amended, HB98-1123 and 1128.

______________________________

On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, the General Orders calendar of Wednesday, March 11, was laid over to follow the General Orders calendar of Thursday, March 12.

______________________________

COMMITTEE OF REFERENCE REPORT

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

Government referred favorably to the Committee of the Whole: HB 98-1170

_________________________

On motion of Senator Powers, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 18(a) was suspended for Recall and Reconsideration .

_________________________

RECALL AND RECONSIDERATION OF HB 98-1071

HB 98-1071 by Rep. Schauer; Sen. Ament--Clarify Definition Of Substitute Teacher

Having voted on the prevailing side, Senator Ament moved for the recall and reconsideration of HB 98-1071.

The motion was adopted by the following roll call vote:

YES 31

NO 0

EXCUSED 4

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
E

Blickensderfer
Y
Lacy
E
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
E

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
E
Matsunaka
Y
Schroeder
Y

COMMITTEE OF REFERENCE REPORTS

Local After consideration on the merits, the committee recommends that HB 98-1033 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 1, line 10, after "Eagle,", insert "FREMONT,".

Page 2, line 1, strike "Fremont," and substitute "~~Fremont,~~".

Education The Committee on Education has had under consideration and has had a hearing on the following appointments and recommends that the appointments be confirmed:

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:

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

Dianne H. Harper of Yuma, Colorado, reappointed;

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

Education The Committee on Education has had under consideration and has had a hearing on the following appointments and recommends that the appointments be confirmed:

STATE BOARD FOR COMMUNITY COLLEGES

AND OCCUPATIONAL EDUCATION

for a term expiring July 1, 2000:

James D. Lucas of Colorado Springs, Colorado, to serve as a representative of the Fifth Congressional District and as a Republican;

for a term expiring July 1, 2001:

Ralph G. Torres of Denver, Colorado, to serve as a representative of the First Congressional District and as a Democrat.

Education The Committee on Education has had under consideration and has had a hearing on the following appointments and recommends that the appointments be confirmed:

COLORADO STUDENT OBLIGATION BOND

AUTHORITY BOARD OF DIRECTORS

for terms expiring June 30, 2001:

Janice Cassin of Colorado Springs, Colorado, to serve as a Republican, reappointed;

Robert Dolphin Jr., of Durango, Colorado, to serve as a Republican, reappointed.

______________________________

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 Colorado Water Resources and Power Development Authority.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

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 Republican, reappointed.

On motion of Senator Hopper, and with a majority of those elected to the Senate having voted in the affirmative, consideration of the following Governor's appointments was laid over until Thursday, March 12:

STATE GRIEVANCE BOARD

for terms expiring July 1, 2000:

Dr. Lois A. Bergen of Palmer Lake, Colorado, to serve as a licensed marriage and family therapist, reappointed;

Rex D. Filer of Alamosa, Colorado, to serve as a licensed professional counselor, reappointed;

Dr. Judith R. Silver of Parker, Colorado, to serve as a licensed psychologist, reappointed;

Walter T. Simon of Lakewood, Colorado, to serve as a licensed social worker, reappointed;

Ellen A. Stevens of Westminster, Colorado, to serve as a member of the general public, reappointed.

COLORADO CHILDREN'S

TRUST FUND BOARD

for terms expiring November 7, 1998:

David M. Furman of Littleton, Colorado, to serve as a member knowledgeable in the area of law and to fill a vacancy occasioned by the resignation of Ted. Rubin, appointed;

Mary Edna Helfer of Denver, Colorado, to serve as a member knowledgeable in child abuse prevention and to fill a vacancy occasioned by the resignation of Cecilia E. Mascarenas, appointed;

for a term expiring November 7, 2000:

Laverne Morris of Aurora, Colorado, to serve as a representative of the business community, reappointed.

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

STATEWIDE POISON CONTROL

OVERSIGHT BOARD

for terms expiring July 1, 1998:

John H. Grubbs of Denver, Colorado, to serve as a designee of the University of Colorado Health Sciences Center, representing the First Congressional District, as a Republican, and to fill a vacancy occasioned by the resignation of Pamela J. Smith, appointed;

Billie J. Klaus of Lafayette, Colorado, to serve as a public member representing the Second Congressional District, as a Democrat, and to fill a vacancy occasioned by the resignation of Brenda B. Bonilla, appointed.

______________________________

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 HJR 98-1010.

______________________________

CONSIDERATION OF RESOLUTION

HJR 98-1010 by Rep. Hagedorn; Senator Weddig--Congratulating Hinkley High School Football Team

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

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

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

______________________________

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 HJR 98-1013.

______________________________

CONSIDERATION OF RESOLUTION

HJR 98-1013 by Rep. Schauer; Senator Norton--Concerning New Facilit. Buckley Air Nat'l Guard Base

(Printed in House Journal, February 13, pages 530-532, and as amended as printed in House Journal, February 27, pages 764-765.)

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

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

MESSAGE FROM THE REVISOR

March 11, 1998

Mr. President:

In response to the request of the Senate for the recall of HB98-1071, the bill is transmitted herewith.

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:

HB 98-1071 by Rep. Schauer; Sen. Ament--Clarify Definition Of Substitute Teacher

A majority of those elected to the Senate having voted in the affirmative, Senator Ament was given permission to offer a third Reading amendment.

Third Reading Amendment No. 1, by Senator Ament

Amend rerevised bill, page 2, strike lines 19 through 24 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.".

Page 3, strike lines 1 through 3.

A majority of all members elected to the Senate having voted in the affirmative, the amendment was adopted.

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

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

(For further action, see page 440, where the motion for Recall and Reconsideration was adopted.)

______________________________

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 Wednesday, March 11, was laid over until Thursday, March 12, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring Steve Espinoza by Senator Wells

Honoring Bill Galambos by Senator Wells

Honoring Bob Barton by Senator Wells

Honoring Barb Andrews by Senator Wells

Honoring W. Dale Crockett by Senator Wells

Honoring Bob Graf by Senator Wells

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

March 12, 1998.

Approved:

Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate

YES 31		NO 0		EXCUSED 4		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	E
Blickensderfer	Y	Lacy	E	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	E
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	E	Matsunaka	Y	Schroeder	Y