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

73rd Legislative Day Friday, March 20, 1998


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

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn.

Roll Call Present--Total, 30.

Absent/Excused--Ament, Dennis, Tebedo--Total, 3.

Absent--Hernandez, Weddig--Total, 2.

Present later--Dennis, Hernandez, Weddig.

Quorum The President announced a quorum present.

Reading of On motion of Senator Arnold, reading of the Journal of March 19th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly enrolled: SB 98-5, 16, 32; also SJR 98-3.

Services

SIGNING OF BILLS

The President has signed: HB98-1116, 1143, 1162, 1168, and 1356.

COMMITTEE OF REFERENCE REPORTS

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

Affairs referred favorably to the Committee of the Whole: HB 98-1007

and Labor

Business After consideration on the merits, the committee recommends that HB 98-1012 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, strike everything below the enacting clause, and substitute the following:

"SECTION 1.  12­23­102.5, Colorado Revised Statutes, is amended to read:

12­23­102.5.  Repeal of article. This article is repealed, effective July 1, 1998 JULY 1, 2003. Prior to such repeal, the state electrical board shall be reviewed as provided for in section 24­34­104, C.R.S.

SECTION 2.  Repeal. 24­34­104 (27) (a) (II), Colorado Revised Statutes, is repealed as follows:

24­34­104.  General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (27) (a)  The following boards in the division of registrations shall terminate on July 1, 1998:

(II)  The state electrical board, created by article 23 of title 12, C.R.S.;

SECTION 3.  24­34­104 (32), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

HB 98-1012

(Cont.)

24­34­104.  General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (32)  The following boards shall terminate on July 1, 2003:

(d)  THE STATE ELECTRICAL BOARD, CREATED BY ARTICLE 23 OF TITLE 12, C.R.S.

SECTION 4.  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 1, strike line 102 and substitute "THE STATE ELECTRICAL BOARD".

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

Affairs postponed indefinitely: HB 98-1060

and Labor

Judiciary After consideration on the merits, the committee recommends that HB 98-1300 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 12, strike "July 1, 1979 1998," and substitute "July 1, 1979 JANUARY 1, 1999,";

line 23, strike "JUNE 30, 1998," and substitute "JANUARY 1, 1999,";

line 25, strike "JUNE 30, 1998," and substitute "JANUARY 1, 1999,".

Page 4, line 1, strike "JULY 1, 1998," and substitute "JANUARY 1, 1999,";

line 3, strike "NINE" and substitute "ELEVEN";

line 7, strike "THREE" and substitute "FIVE";

strike lines 12 through 17 and substitute the following:

"(3) (a)  OF THE NINE MEMBERS APPOINTED BY THE CHIEF JUSTICE AND THE GOVERNOR, SIX SHALL BE ATTORNEYS ADMITTED TO PRACTICE LAW IN THIS STATE AND SHALL REPRESENT EACH OF THE SIX CONGRESSIONAL DISTRICTS. THE REMAINING THREE MEMBERS SHALL BE CITIZENS OF COLORADO NOT ADMITTED TO PRACTICE LAW IN THIS STATE, REPRESENTING THE STATE AT LARGE.

(b)  THE MEMBERS APPOINTED BY THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL BE CITIZENS OF COLORADO NOT ADMITTED TO PRACTICE LAW IN THIS STATE.

(c)  NO MORE THAN SIX OF THE MEMBERS OF THE COMMISSION SHALL BE FROM THE";

line 26, strike "TWO" and substitute "THREE".

Page 6, line 15, strike "AND APPROVE";

line 19, strike "JANUARY 31," and substitute "MARCH 1,";

line 20, strike "JANUARY 31" and substitute "MARCH 1".

Page 7, line 6, strike "DEPARTMENT" and substitute "OFFICE".

Page 9, line 21, strike "JULY 1, 1998," and substitute "JANUARY 1, 1999,".

Page 10, line 10, strike "JUNE 30, 1998," and substitute "JANUARY 1, 1999,";

line 12, strike "JUNE 30, 1998," and substitute "JANUARY 1, 1999,";

line 14, strike "JULY 1, 1998," and substitute "JANUARY 1, 1999,";

line 16, strike "NINE" and substitute "ELEVEN";

HB 98-1300

(Cont.)

line 20, strike "THREE" and substitute "FIVE";

strike lines 25 and 26 and substitute the following:

"(3) (a)  OF THE NINE MEMBERS APPOINTED BY THE CHIEF JUSTICE AND THE GOVERNOR, SIX SHALL BE ATTORNEYS ADMITTED TO PRACTICE LAW IN THIS STATE AND SHALL REPRESENT EACH OF THE SIX CONGRESSIONAL DISTRICTS. THE REMAINING THREE MEMBERS SHALL BE CITIZENS OF COLORADO NOT ADMITTED TO PRACTICE LAW IN THIS STATE, REPRESENTING THE STATE AT LARGE.

(b)  THE MEMBERS APPOINTED BY THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL BE CITIZENS OF COLORADO NOT ADMITTED TO PRACTICE LAW IN THIS STATE REPRESENTING THE STATE AT LARGE.

(c)  NO MORE THAN SIX OF THE MEMBERS OF THE COMMISSION SHALL BE FROM THE".

Page 11, strike lines 1 through 4;

line 13, strike "TWO" and substitute "THREE".

Page 13, line 4, strike "AND APPROVE";

line 9, strike "JANUARY 31," and substitute "MARCH 1,";

line 10, strike "JANUARY 31" and substitute "MARCH 1";

line 22, strike "DEPARTMENT" and substitute "OFFICE".

Page 14, before line 1, insert the following:

"SECTION 6.  Effective date. This act shall take effect January 1, 1999.".

Renumber succeeding section accordingly.

Health, The Committee on Health, Environment, Welfare and Institutions has had under

Environment, consideration and has had a hearing on the following appointment and recommends that

Welfare and the appointment be confirmed:

Institutions

BOARD OF DIRECTORS OF THE COLORADO

UNINSURABLE HEALTH INSURANCE PLAN

for terms expiring July 1, 2000:

Darnell Dent of Colorado Springs, Colorado, to serve as a representative of Insurers and to fill a vacancy occasioned by the resignation of Gary S. Carlson, appointed.

Health, After consideration on the merits, the committee recommends that HB 98-1053 be

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

Welfare and favorable recommendation:

Institutions

Amend reengrossed bill, strike everything below the enacting clause, and substitute the following:

"SECTION 1.  10­16­102 (21) (b), Colorado Revised Statutes, is amended to read:

10­16­102.  Definitions. As used in this article, unless the context otherwise requires:

HB 98-1053

(Cont.)

(21) (b)  "Health benefit plan" does not include: Accident only; credit; dental; vision; medicare supplement; benefits for long­term care, home health care, community­based care, or any combination thereof; disability income insurance; liability insurance including general liability insurance and automobile liability insurance; coverage for on­site medical clinics; coverage issued as a supplement to liability insurance, workers' compensation or similar insurance; or automobile medical payment insurance. The term also excludes specified disease, hospital confinement indemnity, or limited benefit health insurance if such types of coverage do not provide coordination of benefits and are provided under separate polices or certificates. SOLELY WITH RESPECT TO THE PROVISIONS OF SECTION 10­16­118 (1) (b) CONCERNING CREDITABLE COVERAGE FOR INDIVIDUAL POLICIES, THE TERM EXCLUDES INDIVIDUAL SHORT­TERM LIMITED DURATION HEALTH INSURANCE POLICIES ISSUED AFTER JANUARY 1, 1999. THIS MEANS SUCH POLICIES DO NOT HAVE TO RECOGNIZE CREDITABLE COVERAGE. FOR THE PURPOSE OF THIS PARAGRAPH (b), "SHORT­TERM LIMITED DURATION HEALTH INSURANCE POLICY" MEANS A NONRENEWABLE INDIVIDUAL HEALTH BENEFIT PLAN WITH A SPECIFIED DURATION OF NOT MORE THAN SIX MONTHS THAT MEETS THE FOLLOWING REQUIREMENTS:

(I)  THE SHORT­TERM LIMITED DURATION HEALTH INSURANCE POLICY IS ISSUED ONLY TO INDIVIDUALS WHO HAVE NOT HAD MORE THAN ONE SUCH POLICY PROVIDING THE SAME OR SIMILAR NONRENEWABLE COVERAGE FROM ANY CARRIER WITHIN THE PAST TWELVE MONTHS AND SO STATES IN ALL MARKETING MATERIALS, APPLICATION FORMS, AND POLICY FORMS. AN APPLICANT SHALL BE DEEMED TO BE ELIGIBLE FOR COVERAGE IF A SHORT­TERM CARRIER INCLUDES IN ITS APPLICATION FORM THE FOLLOWING: "HAVE YOU OR ANY OTHER PERSON TO BE INSURED BEEN COVERED UNDER TWO OR MORE NONRENEWABLE SHORT­TERM POLICIES DURING THE PAST TWELVE MONTHS? IF "YES", THEN THIS POLICY CANNOT BE ISSUED. YOU MUST WAIT SIX MONTHS FROM THE DATE OF YOUR LAST SUCH POLICY TO APPLY FOR A SHORT­TERM POLICY."

(II)  THE SHORT­TERM LIMITED DURATION HEALTH INSURANCE POLICY CONTAINS THE FOLLOWING DISCLOSURE IN TEN­POINT OR LARGER BOLD­FACE TYPE IN ALL MARKETING MATERIALS, APPLICATION FORMS, AND POLICY FORMS: "THIS POLICY DOES NOT PROVIDE PORTABILITY OF PRIOR COVERAGE. AS A RESULT, ANY INJURY, SICKNESS, OR PREGNANCY FOR WHICH YOU HAVE INCURRED CHARGES, RECEIVED MEDICAL TREATMENT, CONSULTED A HEALTH CARE PROFESSIONAL, OR TAKEN PRESCRIPTION DRUGS WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS POLICY WILL NOT BE COVERED UNDER THIS POLICY."

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.".

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

Environment, postponed indefinitely: HB 98-1226

Welfare and

Institutions

MESSAGE FROM THE HOUSE

March 19, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1011, amended as printed in House Journal, March 18 page 951;

SB98-102, amended as printed in House Journal, March 16, page 922;

SB98-133, amended as printed in House Journal, March 18, page 951;

SB98-159, amended as printed in House Journal, March 18, page 952.

The House has passed on Third Reading and returns herewith SB98-174.

The House has postponed indefinitely SB98-058. The bill is returned herewith.

The House has voted not to concur in the Senate amendments to HB98-1015 and requests that a conference committee be appointed. The Speaker has appointed Representatives Epps, chairman, Musgrave, and Leyba as House conferees on the First Conference Committee on HB98-1015. The bill is transmitted herewith.

The House has voted not to concur in the Senate amendments to HB98-1059 and requests that a conference committee be appointed. The Speaker has appointed Representatives Faatz, chairman, Tucker, and Gordon as House conferees on the First Conference Committee on HB98-1059. The bill is transmitted herewith.

The House has voted not to concur in the Senate amendments to HB98-1130 and requests that a conference committee be appointed. The Speaker has appointed Representatives Faatz, chairman, Pfiffner, and Reeser as House conferees on the First Conference Committee on HB98-1130. The House has granted authorization to go beyond the scope of the differences. The bill is transmitted herewith.

The House has voted not to concur in the Senate amendments to HB98-1359 and requests that a conference committee be appointed. The Speaker has appointed Representatives Dean, chairman, Spradley, and Bacon as House conferees on the First Conference Committee on HB98-1359. The House has granted authorization to go beyond the scope of the differences. The bill is transmitted herewith.

MESSAGE FROM THE REVISOR

March 19, 1998

We herewith transmit:

without comment, as amended, HB98-1011, SB98-102, SB98-133, and SB98-159.

INTRODUCTION OF BILL--FIRST READING

The following bill was read by title and referred to the committee indicated:

SB 98-188 by Senators Wham, Alexander, Johnson, and Phillips; also Representatives Anderson, Alexander, G. Berry, Hefley, Johnson, Spradley, and Swenson--Concerning the Colorado horse development authority, and, in connection therewith, allowing for the imposition of an assessment on horse brand inspections.

Agriculture, Natural Resources and Energy

INTRODUCTION OF RESOLUTION

The following resolution was read by title and referred to the committee indicated:

SJR 98-013 by Senator Thiebaut--Concerning the Colorado airspace initiative.

State, Veterans and Military Affairs

APPOINTMENTS TO CONFERENCE COMMITTEES

HB 98-1015 by Rep. Leyba; Senator Wham--Medication Administration Program

The President appointed Senators Wham, Chairman, Hopper and Rupert as Senate Conferees on the First Conference Committee on HB No. 98-1015.

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

The President appointed Senators Dennis, Chairman, Lamborn and Linkhart as Senate Conferees on the First Conference Committee on HB No. 98-1059.

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

The President appointed Senators Hopper, Chairman, Wham and Perlmutter as Senate Conferees on the First Conference Committee on HB No. 98-1130.

HB 98-1359 by Rep. Dean; Senator Lacy--Election Law Modifications

The President appointed Senators Lacy, Chairman, Powers and Matsunaka as Senate Conferees on the First Conference Committee on HB No. 98-1359.

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 98-1110 by Rep. Tupa; Sen. Bishop--Minor Political Party Ballot Access

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


YES 28

NO 5

EXCUSED 2

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
E
Hernandez
Y
Pascoe
Y
Tebedo
E

Arnold
N
Hopper
Y
Perlmutter
N
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
N
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
N
Wells
Y

Coffman
Y
Linkhart
N
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: Phillips

COMMITTEE OF REFERENCE REPORTS

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1261

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1209

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1252

Education After consideration on the merits, the committee recommends that HB 98-1249 be

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

Amend reengrossed bill, strike everything below the enacting clause, and substitute the following:

"SECTION 1. 22­30.5­112 (2) (a) and (2) (c), Colorado Revised Statutes, are amended to read:

22­30.5­112. Charter schools ­ financing ­ guidelines. (2) (a) As part of the charter school contract, the charter school and the school district shall agree on funding and any services to be provided by the school district to the charter school. The charter school and the school district shall begin discussions on the contract using eighty percent of the district per pupil operating revenues; EXCEPT THAT, EFFECTIVE JULY 1, 1999, THE CHARTER SCHOOL AND THE SCHOOL DISTRICT SHALL BEGIN DISCUSSIONS ON THE CONTRACT USING NINETY PERCENT OF THE DISTRICT PER PUPIL OPERATING REVENUES. As used in this subsection (2), district "per pupil operating revenues" shall have the same meaning as that provided in section 22­54­103 (9).

(c) In no event shall the amount of funding negotiated pursuant to this subsection (2) be less than eighty percent of the district per pupil operating revenues multiplied by the number of pupils enrolled in the charter school; EXCEPT THAT, EFFECTIVE JULY 1, 1999, THE AMOUNT OF FUNDING NEGOTIATED PURSUANT TO THIS SUBSECTION (2) SHALL NOT BE LESS THAN NINETY PERCENT OF THE DISTRICT PER PUPIL OPERATING REVENUES MULTIPLIED BY THE NUMBER OF PUPILS ENROLLED IN THE CHARTER SCHOOL.

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.".

Education After consideration on the merits, the committee recommends that the following be postponed indefinitely: HB 98-1164

Local After consideration on the merits, the committee recommends that HB 98-1368 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 1, after "(1)", insert "(a)";

line 6, strike "(a)" and substitute "(I)";

line 8, strike "(I)" and substitute "(A)";

line 9, strike "FIVE" and substitute "TEN";

line 13, strike "(II)" and substitute "(B)";

line 21, strike "(b)" and substitute "(II)";

line 24, strike "(I)" and substitute "(A)".

Page 3, line 3, strike "(II)" and substitute "(B)";

line 6, strike "(III)" and substitute "(C)";

line 11, strike "(IV)" and substitute "(D)";

line 13, strike "(V)" and substitute "(E)";

line 15, strike "(VI)" and substitute "(F)";

after line 17, insert the following:

"(b)  IF AN ELECTION AUTHORIZED BY THIS SECTION IS HELD AS A RESULT OF THE FILING OF A PETITION PURSUANT TO SUB­SUBPARAGRAPH (A) OF SUBPARAGRAPH (I) OF PARAGRAPH (a) OF THIS SUBSECTION (1) AND A MAJORITY OF ELIGIBLE ELECTORS IN THE ENTIRE AREA PROPOSED TO BE INCLUDED IN THE DISTRICT VOTE FOR THE INCLUSION OF THE AREA IN THE DISTRICT, THE GOVERNING BODY OF ANY MUNICIPALITY WITHIN THE AREA MAY ADOPT A RESOLUTION EXCLUDING SUCH MUNICIPALITY FROM THE DISTRICT IF THE GOVERNING BODY DID NOT ADOPT A RESOLUTION REQUESTING THE ELECTION PURSUANT TO SUB­SUBPARAGRAPH (B) OF SUBPARAGRAPH (I) OF PARAGRAPH (a) OF THIS SUBSECTION (1).".

Page 4, strike lines 11 through 14 and substitute the following:

"ONE OR MORE ENTIRE COUNTIES OF THE STATE.";

strike lines 20 and 21 and substitute the following:

"COUNTY THAT IS TO BE INCLUDED IN THE PROPOSED scientific and";

line 23, strike "the county EACH AREA" and substitute "the EACH county";

strike lines 25 through 26 and substitute the following:

"adopted by the board of county commissioners of the county in which a scientific and cultural facilities district is proposed, OR BY RESOLUTION ADOPTED BY THE BOARDS OF COUNTY COMMISSIONERS OF EACH COUNTY PROPOSED TO BE INCLUDED IN A MULTICOUNTY SCIENTIFIC AND CULTURAL FACILITIES DISTRICT PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT ENTERED INTO BY SUCH BOARDS OF COUNTY COMMISSIONERS.".

Page 5, strike lines 1 and 2;

strike lines 22 through 25 and substitute the following:

"(II)  THE NAME OF EACH COUNTY TO BE INCLUDED IN THE SCIENTIFIC AND CULTURAL FACILITIES DISTRICT.".

Page 6, line 26, strike the last "the" and substitute "the".

HB 98-1368

(Cont.)

Page 7, line 1, strike "county EACH INCORPORATED AND UNINCORPORATED AREA" and substitute "EACH county".

Page 8, line 1, strike "AREAS";

line 4, strike "AREAS".

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

Government postponed indefinitely: SB 98-178


Committee On motion of Senator Chlouber, the Senate resolved itself into Committee of the Whole

of the for consideration of General Orders and Senator Chlouber was called to the Chair to act

Whole as Chairman.

GENERAL ORDERS--SECOND READING OF BILLS

The Committee of the Whole having risen, the Chairman reported that the following bills, reading at length having been dispensed with by unanimous consent, had been considered and action taken thereon as follows:

HB 98-1158 by Rep. Musgrave; Sen. Arnold--Parental Consent To Use Of Student Data

Laid over until Monday, March 23, retaining its place on the calendar.

HB 98-1154 by Rep. T. Williams; Senator Schroeder--Unemployment Benefit Requirements

Laid over until Monday, March 23, retaining its place on the calendar.

HB 98-1014 by Rep. Reeser; Senator Wattenberg--Continuation Of Plumbing Board

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1183 by Rep. Gordon; Sen. Mutzebaugh--Child Custody

Laid over until Monday, March 23, retaining its place on the calendar.

HB 98-1243 by Rep. Lawrence; Sen. Hopper--Anesthesia For Dental Procedures

Amendment No. 1, Health, Environment, Welfare and Institutions Amendment

(Printed in Senate Journal, March 6, page 415.)

Amendment No. 2, by Senator Hopper

Amend the committee amendment, as printed in Senate Journal, March 6, page 415, strike lines 25 through 31 and substitute the following:

"Amend reengrossed bill, page 2, strike lines 24 and 25 and substitute the following:

"LIMITED BENEFIT, SHALL PROVIDE COVERAGES FOR GENERAL ANESTHESIA".".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1093 by Rep. Veiga; Sen. Mutzebaugh--Partisan Elections For RTD Board Members

Laid over until Monday, March 23, retaining its place on the calendar.

HB 98-1081 by Rep. Bacon; Senator Reeves--Reporting Of Fuel And Fleet Status

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1079 by Rep. Miller; Sen. Ament--Prisoner Litigation Reform

Laid over until Monday, March 23, retaining its place on the calendar.

HB 98-1235 by Rep. Bacon; Senator Chlouber--Industrial Banks

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, March 6, page 404.)

'

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1360 by Rep. Owen; Senator Rizzuto--Statutory Authority For Ryan White Act

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1008 by Rep. McPherson; Senator Mutzebaugh--Photographic Documents

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 9, pages 428-429.)

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1204 by Rep. Entz; Senator Dennis--State Nursing Homes

Amendment No. 1, Health, Environment, Welfare and Institutions Amendment

(Printed in Senate Journal, March 6, page 404.)

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1309 by Rep. Gotlieb; Senator Chlouber--Diabetes Health Care Coverage

Amendment No. 1, Health, Environment, Welfare and Institutions Amendment

(Printed in Senate Journal, March 6, pages 403-404.)

Amendment No. 2, by Senator Chlouber

Amend the committee amendment, as printed in the Senate Journal, March 6, page 404, line 10, strike "PLAN" and substitute "PLAN, EXCEPT SUPPLEMENTAL POLICIES COVERING A SPECIFIED DISEASE OR OTHER LIMITED BENEFIT,".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1036 by Rep. S. Johnson; Senator Hopper--Special License Plates For The Disabled

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 9, page 429.)

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1016 by Rep. T. Williams; Senator Schroeder--Regulation Of Architects

Laid over until Monday, March 23, retaining its place on the calendar.

HB 98-1018 by Rep. Takis; Senator Schroeder--Continuation Of Architects Board

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, March 6, page 404.)

Amendment No. 2, by Senator Schroeder

Amend the committee amendment, as printed in Senate Journal, March 6, page 404, after line 44, insert the following:

"Page 2, line 4, strike "24­34­104 (34)," and substitute "24­34­104,";

line 5, strike "PARAGRAPH" and substitute "SUBSECTION";

strike lines 8 through 10, and substitute the following:

"(39)  THE FOLLOWING AGENCIES, FUNCTIONS, OR BOTH, SHALL TERMINATE ON JULY 1, 2008: THE STATE BOARD OF EXAMINERS OF ARCHITECTS, CREATED BY".".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1025 by Rep. Swenson; Senator J. Johnson--PIP Deductibles & Coinsurance

Laid over until Monday, March 23, retaining its place on the calendar.

HB 98-1274 by Rep. Gordon; Senator Blickensderfer--Executive Director Allocation Of Powers

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1179 by Rep. Tucker; Senator Mutzebaugh--Civil Restraining Order

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 11, page 439.)

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1103 by Rep. Clarke; Senator Bishop--Inmate Copayments For Medical Services

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 11, page 439.)

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1363 by Rep. Taylor; Sen. Thiebaut--Soc Sec Number For Voter Registration

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1021 by Rep. Pfiffner; Senator Bishop--Status Aux Facilities & Extend Exp Date

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, March 6, page 416.)

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1332 by Rep. Sullivant; Sen. Hopper--Parking For Disabled Veterans

Ordered revised and placed on the calendar for Third Reading and Final Passage.

SB 98-166 by Sen. Mutzebaugh--Transportation Planning

Laid over until Monday, March 23, retaining its place on the calendar.

HB 98-1188 by Rep. Snyder; Sen. Wham--Fair Campaign Practices Act

Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment

(Printed in Senate Journal, March 4, pages 395-396.)

Amendment No. 2, by Senator Mutzebaugh

Amend the committee amendment, as printed in Senate Journal, March 4, page 395, before line 71, insert the following:

"Amend reengrossed bill, page 2, after line 1, insert the following:

"SECTION 1.  1­45­104 (13) (a) (II), Colorado Revised Statutes, is amended to read:

1­45­104.  Contribution limits. (13) (a)  No professional lobbyist, volunteer lobbyist, or principal of a professional lobbyist or volunteer lobbyist shall make or promise to make a contribution to, or solicit or promise to solicit a contribution for:

(II) (A)  The governor or a candidate for governor when the general assembly is in regular session or when any measure adopted by the general assembly in a regular session is pending before the governor for approval or disapproval; OR

(B)  THE LIEUTENANT GOVERNOR, THE SECRETARY OF STATE, THE STATE TREASURER, THE ATTORNEY GENERAL, OR A CANDIDATE FOR ANY OF SUCH OFFICES WHEN THE GENERAL ASSEMBLY IS IN REGULAR SESSION.".

Renumber succeeding sections accordingly.";

line 71, strike "Amend reengrossed bill, page 2," and substitute "Page 2,".

Amendment No. 3, by Senator Wham

Amend the State, Veterans, and Military Affairs committee amendment, as printed in Senate Journal, March 4, page 396, line 21, strike "PARAGRAPH (a) OF".

Amendment No. 4, by Senator Wham

Amend the State, Veterans, and Military Affairs committee amendment, as printed in Senate Journal, March 4, page 395, strike line 71, and substitute the following:

"Amend reengrossed bill, page 2, strike lines 2 through 26 and substitute the following:

SECTION 1.  1­45­103 (4), Colorado Revised Statutes, is amended to BY THE ADDITION OF A NEW PARAGRAPH to read:

1­45­103.  Definitions.  As used in this article:

(4) (c)  "CONTRIBUTION" DOES NOT INCLUDE A GIFT OF A MEAL AT A FUND­RAISING EVENT OF A POLITICAL PARTY FROM A LOBBYIST OR A PRINCIPAL OF A LOBBYIST TO A MEMBER OF OR CANDIDATE FOR THE GENERAL ASSEMBLY OR THE GOVERNOR OR A CANDIDATE FOR GOVERNOR WHEN THE GENERAL ASSEMBLY IS IN REGULAR SESSION OR WHEN REGULAR SESSION LEGISLATION IS PENDING BEFORE THE GOVERNOR, SO LONG AS:

HB 98-1188

(Cont.)

(I)  THE PURPOSE OF THE EVENT IS NOT TO RAISE MONEY FOR SPECIFICALLY DESIGNATED MEMBERS OF THE GENERAL ASSEMBLY, SPECIFICALLY DESIGNATED CANDIDATES FOR THE GENERAL ASSEMBLY, THE GOVERNOR, OR SPECIFICALLY DESIGNATED CANDIDATES FOR GOVERNOR;

(II)  THE EXPENDITURE FOR THE MEAL IS MADE BY THE LOBBYIST OR PRINCIPAL OF A LOBBYIST TO THE POLITICAL PARTY FOR PURPOSES OF PARTICIPATING IN THAT FUND­RAISING EVENT; AND

(III)  THE EXPENDITURE IS REPORTED IN THE LOBBYIST DISCLOSURE FILED PURSUANT TO SECTION 24­6­302, C.R.S.".

SECTION 2.  1­45­104 (13) (c), Colorado Revised Statutes, is amended to read:

1­45­104.  Contribution limits. (13) (c) (I)  Nothing contained in this subsection SUBSECTION (13) shall be construed to prohibit lobbyists and their principals from raising money when the general assembly is in regular session or when regular session legislation is pending before the governor, except as specifically prohibited in paragraph (a) of this subsection SUBSECTION (13).

(II)  Nothing contained in this subsection SUBSECTION (13) shall be construed to prohibit a lobbyist or principal of a lobbyist from participating in a fund­raising event of a political party when the general assembly is in regular session or when regular session legislation is pending before the governor, so long as the purpose of the event is not to raise money for specifically designated members of the general assembly, specifically designated candidates for the general assembly, the governor, or specifically designated candidates for governor.

(III)  NOTHING CONTAINED IN THIS SUBSECTION (13) SHALL BE CONSTRUED TO PROHIBIT A GIFT OF A MEAL AT A FUND­RAISING EVENT OF A POLITICAL PARTY FROM A LOBBYIST OR A PRINCIPAL OF A LOBBYIST TO A MEMBER OF OR CANDIDATE FOR THE GENERAL ASSEMBLY OR THE GOVERNOR OR A CANDIDATE FOR GOVERNOR WHEN THE GENERAL ASSEMBLY IS IN REGULAR SESSION OR WHEN REGULAR SESSION LEGISLATION IS PENDING BEFORE THE GOVERNOR, SO LONG AS:

(A)  THE PURPOSE OF THE EVENT IS NOT TO RAISE MONEY FOR SPECIFICALLY DESIGNATED MEMBERS OF THE GENERAL ASSEMBLY, SPECIFICALLY DESIGNATED CANDIDATES FOR THE GENERAL ASSEMBLY, THE GOVERNOR, OR SPECIFICALLY DESIGNATED CANDIDATES FOR GOVERNOR;

(B)  THE EXPENDITURE FOR THE MEAL IS MADE BY THE LOBBYIST OR PRINCIPAL OF A LOBBYIST TO THE POLITICAL PARTY FOR PURPOSES OF PARTICIPATING IN THAT FUND­RAISING EVENT; AND

(C)  THE EXPENDITURE IS REPORTED IN THE LOBBYIST DISCLOSURE FILED PURSUANT TO SECTION 24­6­302, C.R.S.".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1297 by Rep. Tucker; Senator Schroeder--Trust Requirements For Insurers

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1323 by Rep. Swenson; Senator Norton--Molders' Liens

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, March 12, page 448.)

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1171 by Rep. Arrington; Senator Coffman--Charter School Regulation Waivers

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, February 27, page 371.)

As amended, laid over until Monday, March 23, retaining its place on the calendar.

The following bills on the General Orders calendar of Friday, March 20, were laid over until Monday, March 23, retaining their place on the calendar:

HB 98-1170, 98-1033, 98-1215, 98-1200, 98-1089, 98-1090, 98-1370, 98-1361, 98-1236, 98-1102, 98-1029, 98-1020, 98-1317, 98-1176, 98-1250, 98-1050, 98-1371, 98-1157, 98-1178, 98-1245, 98-1304, 98-1062, 98-1244, 98-1264, 98-1045, 98-1376, 98-1141, 98-1028.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Chlouber, the Report of the Committee of the Whole was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:

HB 98-1014, 98-1081, 98-1360, 98-1274, 98-1363, 98-1332, 98-1297, declared passed on Second Reading.

HB 98-1243 as amended, 98-1235 as amended, 98-1008 as amended, 98-1204 as amended, 98-1309 as amended, 98-1036 as amended, 98-1018 as amended, 98-1179 as amended, 98-1103 as amended, 98-1021 as amended, 98-1188 as amended, 98-1323 as amended, declared passed on Second Reading.

SB 98-166; HB 98-1158, 98-1154, 98-1183, 98-1093, 98-1079, 98-1016, 98-1025, 98-1170, 98-1033, 98-1215, 98-1200, 98-1089, 98-1090, 98-1370, 98-1361, 98-1236, 98-1102, 98-1029, 98-1020, 98-1317, 98-1176, 98-1250, 98-1050, 98-1371, 98-1157, 98-1178, 98-1245, 98-1304, 98-1062, 98-1244, 98-1264, 98-1045, 98-1376, 98-1141, 98-1028, laid over until Monday, March 23, retaining their place on the calendar.

HB 98-1171 as amended, laid over until Monday, March 23, retaining its place on the calendar.

MESSAGE FROM THE HOUSE

March 20, 1998

Mr. President:

The House has adopted and transmits herewith HJR98-1022, as printed in House Journal, March 20, 1998.

INTRODUCTION AND CONSIDERATION OF RESOLUTION

HJR 98-1022 By Representatives Paschall, Arrington, Dean, Hefley, Musgrave, Pfiffner, Adkins, Agler, K. Alexander, Allen, Epps, George, Grampsas, Hagedorn, S. Johnson, Kaufman, Lawrence, May, McElhany, McPherson, Morrison, Nichol, Owen, Pankey, Reeser, Salaz, Schauer, Sinclair, Smith, Spradley, Sullivant, Taylor, Tool, Tucker, and Young; also Senators Congrove, B. Alexander, Bishop, Blickensderfer, Chlouber, Coffman, Lacy, Lamborn, Mutzebaugh, Phillips, Powers, Rizzuto, and Wattenberg--Concerning the recognition of Home Education Day in Colorado on March 20, 1998.

(Printed in House Journal, March 20.)

Senator Congrove moved to suspend Senate Rule 30(e).

A two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(e) was suspended and Immediate Consideration granted.

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


YES 32

NO 0

EXCUSED 3

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
E
Hernandez
E
Pascoe
Y
Tebedo
E

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
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

Co-sponsor added: Arnold

______________________________

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 HJR 98-1019.

______________________________

CONSIDERATION OF RESOLUTION

HJR 98-1019 by Rep. Kreutz; Senator Blickensderfer--Single Parents Day

(Printed in House Journal, March 17, page 933.)

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


YES 32

NO 0

EXCUSED 3

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
E
Hernandez
E
Pascoe
Y
Tebedo
E

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
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

______________________________

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 HJR 98-1015.

______________________________

CONSIDERATION OF RESOLUTION

HJR 98-1015 by Rep. Anderson; Senator Wells--Concerning Legislative Deadlines

(Printed in House Journal, March 3, page 798.)

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


YES 32

NO 0

EXCUSED 3

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
E
Hernandez
E
Pascoe
Y
Tebedo
E

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
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

______________________________

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 Friday, March 20, was laid over until Monday, March 23, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring Frank and Susie Mikita by Senators Schroeder, Norton, Bishop, Wells, Powers, Feeley, Thiebaut, Pascoe, Alexander, Ament, Arnold, Blickensderfer, Chlouber, Coffman, Congrove, Dennis, Hernandez, Hopper, Johnson, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Mutzebaugh, Perlmutter, Phillips, Reeves, Rizzuto, Rupert, Tanner, Tebedo, Wattenberg, Weddig and Wham.

Honoring Paul McNeely by Senator Matsunaka

Honoring Kim Broughton by Senator Matsunaka

Honoring Bryson Vasquez by Senator Matsunaka

Honoring Jennifer Kintzley by Senator Matsunaka

Honoring Michael Short by Senators Perlmutter, Feeley, Matsunaka, Hopper, Wells, Wham, Congrove and Tanner.

On motion of Senator Wells, the Senate adjourned until 10:00 a.m., Monday,

March 23, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate