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SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

70th Legislative Day Tuesday, March 17, 1998


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/Excused--Bishop--Total, 1.

Absent--Congrove--Total, 1.

Present later--Congrove.

Quorum The President announced a quorum present.

Reading of On motion of Senator Arnold, reading of the Journal of March 16th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 98-187.

Services

Correctly revised: 1059, 1127, 1130, 1253, 1259, 1283, 1293, 1328.

Correctly enrolled: SB 98-67, 103, 104, 153.

SIGNING OF BILLS

The President has signed: SB 98-67, 103, 104, 153.

SENATE SERVICES REPORT

Senate To the governor for signature on Monday, March 16, 1998, at 3:25 p.m:

Services SB 98-67, 103, 104, 153.

COMMITTEE OF REFERENCE REPORTS

Business After consideration on the merits, the committee recommends that HB 98-1062 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 1, line 7, strike "8­42­107 (8)." and substitute "8­42­107.";

strike lines 8 through 10.

Page 2, strike lines 1 through 5, and substitute the following:

"(2) (a) (I)  EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (a), THE TIME FOR SELECTION OF AN IME COMMENCES AS FOLLOWS, DEPENDING ON WHICH PARTY INITIATES THE DISPUTE:

(A)  FOR THE CLAIMANT, THE TIME FOR SELECTION OF AN IME COMMENCES WITH THE DATE OF MAILING OF A FINAL ADMISSION OF LIABILITY BY THE INSURER OR SELF­INSURED EMPLOYER THAT INCLUDES AN IMPAIRMENT RATING ISSUED IN ACCORDANCE WITH SECTION 8­42­107.

(B)  FOR THE INSURER OR SELF­INSURED EMPLOYER, THE TIME FOR SELECTION OF AN IME COMMENCES WITH THE DATE ON WHICH THE DISPUTED FINDING OR DETERMINATION IS MAILED OR PHYSICALLY DELIVERED TO THE INSURER OR SELF­INSURED EMPLOYER.

(II)  IF, AS OF THE DATE ON WHICH THE TIME FOR SELECTION OF AN IME WOULD OTHERWISE COMMENCE, A MEDICAL CONDITION IS NOT YET RATABLE BECAUSE OF A PROVISION IN THE MEDICAL TREATMENT GUIDELINES OR IN THE REVISED THIRD EDITION OF THE "AMERICAN MEDICAL ASSOCIATION GUIDES TO THE EVALUATION OF PERMANENT IMPAIRMENT", THE TIME FOR SELECTION OF AN IME SHALL COMMENCE ON THE DATE ON WHICH AN IMPAIRMENT RATING IS MAILED OR PHYSICALLY DELIVERED.".

Page 3, line 11, strike "THE REQUESTING PARTY" and substitute "THE INSURER OR SELF­INSURED EMPLOYER";

line 12, strike "DIVISION." and substitute "DIVISION WITHIN THIRTY DAYS VIA UNITED STATES MAIL, FIRST­CLASS POSTAGE PAID.".

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

Affairs postponed indefinitely: HB 98-1104

and Labor

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

Affairs postponed indefinitely: HB 98-1302

and Labor

MESSAGE FROM THE GOVERNOR

March 16, 1998

To the Honorable Colorado Senate

Sixty­first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and I have filed with the Secretary of State the following Acts:

S.B. 98­019 Concerning Extending the Repeal Dates for Certain Horse Racing Regulations.

Approved March 16, 1998 at 11:54 a.m.

SJR 98­004 Concerning Additions or Modifications to, and Deletions from, the Project Eligibility List of Wastewater Treatment System Projects Eligible for Financial Assistance from the Water Pollution Control Revolving Fund and the Colorado Water Resources and Power Development Authority.

Approved March 16, 1998 at 11:52 a.m.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 3/16/98

P. Dicks, Assistant Secretary

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 98-1259 by Rep. Tate; Senator Chlouber--Alternative Workers' Comp Penalties

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
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
E
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
*

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
*
Schroeder
Y

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

Co-sponsors added: Norton, Perlmutter.

Abstaining (*) from voting under Senate Rule 17(c)--Senators Matsunaka and Wells.

HB 98-1283 by Rep. Udall; Senator Dennis--Municipal Liens

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


YES 34

NO 0

EXCUSED 1

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
E
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 98-1059 by Rep. Gordon; Sen. Dennis--Traffic Violations In School Zones

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


YES 34

NO 0

EXCUSED 1

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
E
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-sponsor added: Hernandez

HB 98-1127 by Rep. Tucker; Senator Schroeder--Underage Drinking And Driving

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


YES 34

NO 0

EXCUSED 1

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
E
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 98-1127 Co-sponsors added: Hernandez, Hopper.

(Cont.) (For further action, see page 487, where Reconsideration was granted and HB 98-1127 was passed on Third Reading and Final Passage.)

HB 98-1253 by Rep. Adkins; Senator Schroeder--Payment Of Claims Against County

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


YES 34

NO 0

EXCUSED 1

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
E
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-sponsor added: Rupert

HB 98-1130 by Rep. Faatz; Senator Hopper--Crime Victims' Compensation

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


YES 33

NO 1

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
N
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
E
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-sponsor added: Perlmutter

HB 98-1328 by Rep. Gordon; Sen. Reeves--Access To Tobacco For Sale

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


YES 24

NO 10

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
N
Tanner
Y

Ament
Y
Hernandez
N
Pascoe
Y
Tebedo
N

Arnold
N
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
E
Johnson
N
Phillips
Y
Wattenberg
N

Blickensderfer
N
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
N
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
N
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: Chlouber, Rupert.

HB 98-1293 by Rep. Clarke; Sen. Congrove--Veteran Public Job Preferences

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


YES 34

NO 0

EXCUSED 1

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
E
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

HB 98-1293 A majority of all members elected to the Senate having voted in the affirmative, the bill

(Cont.) was declared PASSED.

Co-sponsors added: Alexander, Chlouber, Feeley, Hernandez, Martinez, Mutzebaugh, Norton, Perlmutter, Phillips, Powers, Schroeder, Tanner.

RECONSIDERATION OF HB 98-1137

HB 98-1127 by Rep. Tucker; Senator Schroeder--Underage Drinking And Driving

Having voted on the prevailing side, Senator Mutzebaugh moved for reconsideration of HB 98-1127.

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

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 98-1127 by Rep. Tucker; Senator Schroeder--Underage Drinking And Driving

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


YES 33

NO 1

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
N
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
E
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: Hernandez, Hopper

______________________________

On motion of Senator Wells, 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 98-10.

______________________________

CONSIDERATION OF RESOLUTION

SJR 98-10 by Senator Dennis; Rep. Spradley--Colorado Airspace Initiative

Senator Dennis moved that SJR 98-10 be referred to the State, Veterans and Military Affairs Committee.

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

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Tuesday, March 17, was laid over until Wednesday, March 18, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring John Koncilja, Jr. by Senator Thiebaut and Johnson

On motion of Senator Wells, the Senate adjourned until 9:00 a.m., Wednesday,

March 18, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate