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SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

78th Legislative Day Wednesday, March 25, 1998

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

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn.

Roll Call Present--Total, 30.

Absent/Excused--Blickensderfer, Lacy, Lamborn, Norton--Total, 4.

Absent--Ament--Total, 1.

Present later--Ament, Lacy, Norton.

Quorum The President pro tem announced a quorum present.

Reading of On motion of Senator Chlouber, reading of the Journal of March 24th was dispensed with

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

COMMITTEE OF REFERENCE REPORT

Approp- After consideration on the merits, the committee recommends that HB 98-1005 be

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

Amend reengrossed bill, page 2, strike line 23 and substitute the following:

"TWENTY­FIVE THOUSAND DOLLARS OF THE ACTUAL VALUE OF THE PERSONAL PROPERTY OWNED BY THE TAXPAYER IN EACH COUNTY; EXCEPT THAT, FOR ANY PUBLIC UTILITY VALUED PURSUANT TO ARTICLE 4 OF THIS TITLE, THE EXEMPTION SHALL APPLY TO THE FIRST TWENTY­FIVE THOUSAND DOLLARS OF THE TOTAL ACTUAL VALUE OF PERSONAL PROPERTY OWNED BY THE PUBLIC UTILITY STATEWIDE.".

Page 3, strike line 1;

strike lines 17 and 18 and substitute the following:

"TWENTY­FIVE THOUSAND DOLLARS OF THE ACTUAL VALUE OF THE PERSONAL PROPERTY OWNED BY THE TAXPAYER IN EACH COUNTY; EXCEPT THAT, FOR ANY PUBLIC UTILITY VALUED PURSUANT TO ARTICLE 4 OF TITLE 39, C.R.S., THE EXEMPTION SHALL APPLY TO THE FIRST TWENTY­FIVE THOUSAND DOLLARS OF THE TOTAL ACTUAL VALUE OF PERSONAL PROPERTY OWNED BY THE PUBLIC UTILITY STATEWIDE.".

MESSAGE FROM THE GOVERNOR

March 24, 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. 98­067 Concerning tavern liquor licenses, and, in connection therewith, authorizes the multiple ownership of tavern licenses and requires the registration of managers of licensed taverns.

Approved March 24, 1998 at 12:48 p.m.

S.B. 98­103 Concerning the operation of the Grand Junction Drainage District.

Approved March 24, 1998 at 12:53 p.m.

S.B. 98­104 Concerning a requirement that managed care plans provide patients with direct access to the services of a certified nurse midwife.

Approved March 24, 1998 at 12:55 p.m.

S.B. 98­153 Concerning regulatory measures to safeguard the welfare of pet animals, and, in connection therewith, amending the definitions of "pet animal facility" and "small animal hobby breeder facility" and regulating the banding of psittacine birds.

Approved March 24, 1998 at 12:50 p.m.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 3/24/95 2:10 p.m.

P. Dicks, Assistant Secretary

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, consideration of Third Reading and Final Passage of Bills was laid over until Thursday, March 26, retaining its place on the calendar.

______________________________

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

of the for consideration of General Orders and Senator Wattenberg 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 98-1016 by Rep. T. Williams; Senator Schroeder--Regulation Of Architects

Laid over until Thursday, March 26, retaining its place on the calendar.

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

Laid over until Thursday, March 26, retaining its place on the calendar.

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

Laid over until Thursday, March 26, retaining its place on the calendar.

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

Laid over until Thursday, March 26, retaining its place on the calendar.

HB 98-1244 by Rep. McPherson; Senator Matsunaka--Investment Adviser Regulation

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, March 18, pages 489-490.)

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

HB 98-1264 by Rep. Adkins; Sen. Wells--Discovery Procedures In Class 1 Felonies

Laid over until Thursday, March 26, retaining its place on the calendar.

HB 98-1045 by Rep. Sinclair; Sen. Tebedo--Attempted Killing In Dom Rel Cases

Amendment No. 1, by Senator Hopper

Amend reengrossed bill, page 2, line 19 strike ", OR TO COMMIT MANSLAUGHTER".

Page 3, line 25, strike ", OR TO COMMIT MANSLAUGHTER".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see page 568, where the Tebedo amendment to the Report of the Committee of the Whole was adopted and HB 98-1045 as amended, was laid over until Thursday, March 26.)

HB 98-1062 by Rep. Paschall; Senator Arnold--Select Independnt Work Comp Med Examiner

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, March 17, pages 483-484.)

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

HB 98-1376 by Rep. Agler; Sen. Dennis--Protect Crime Victims From Civil Actions

Amendment No. 1, by Senator Mutzebaugh

Amend reengrossed bill, page 3, strike lines 21 through 24.

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

HB 98-1141 by Rep. Allen; Sen. Lacy--Terminating Tenancy As Public Nuisance

Laid over until Thursday, March 26, retaining its place on the calendar.

HB 98-1236 by Rep. Epps; Senator Coffman--Post­boot Camp Placement

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

HB 98-1337 by Rep. Kaufman; Senator Matsunaka--Common Interest Ownership Act Changes

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, March 19, page 495.)

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

HB 98-1221 by Rep. Kaufman; Sen. Wham--Nonprofit Health Care Transfer Of Assets

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

(Printed in Senate Journal, March 19, page 502.)

Amendment No. 2, by Senator Wham

Amend reengrossed bill, page 9, line 3, after the period, add "AN INITIAL FILING THAT INCLUDES A SCHEDULE FOR THE SUBMISSION OF SUBSEQUENTLY PRODUCED OR ACQUIRED DOCUMENTS MAY BE DEEMED COMPLETE BY THE ATTORNEY GENERAL.".

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

HB 98-1186 by Rep. S. Williams; Senator Chlouber--Teaching Of American Indian Culture

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

HB 98-1296 by Rep. George; Senator Wham--Early Ed And School Readiness Program

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, March 19, pages 503-504.)

Amendment No. 2, by Senator Wham

Amend the committee amendment, as printed in Senate Journal, March 19, page 503, line 37, after "FUNDS", insert "FOR PROGRAMS AUTHORIZED PURSUANT TO THE PROVISIONS OF THIS SECTION".

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

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

Laid over until Thursday, March 26, retaining its place on the calendar.

HB 98-1007 by Rep. Spradley; Senator Wattenberg--Continue PUC

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

HB 98-1012 by Rep. Reeser; Senator Chlouber--Continuation Of Electrician Regulation

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, March 20, pages 507-508.)

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

HB 98-1300 by Rep. Adkins; Sen. Wham--Oversight Of Public Defenders Office

Laid over until Thursday, March 26, retaining its place on the calendar.

HB 98-1311 by Rep. Udall; Senator Mutzebaugh--Business Officers Court Representation

Laid over until Thursday, March 26, retaining its place on the calendar.

HB 98-1053 by Rep. Kreutz; Senator Wattenberg--Short­Term Health Insurance

Laid over until Thursday, March 26, retaining its place on the calendar.

HB 98-1261 by Rep. Tool; Senator Mutzebaugh--School District Reorganization

Laid over until Thursday, March 26, retaining its place on the calendar.

HB 98-1209 by Rep. Young; Senator Rizzuto--Education Reform

Laid over until Thursday, March 26, retaining its place on the calendar.

HB 98-1252 by Rep. Dyer; Sen. Alexander--Mission Of Fort Lewis College

Laid over until Thursday, March 26, retaining its place on the calendar.

HB 98-1249 by Rep. Dean; Senator B. Alexander--Charter School Funding

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, March 20, page 512.)

As amended, declared LOST on Second Reading. (For further action, see page 568, where the Alexander amendment to the Report of the Committee of the Whole was adopted and HB 98-1249 as amended, was laid over until Thursday, March 26.)

HB 98-1368 by Rep. Adkins; Sen. Mutzebaugh--Scientific & Cultural Facilities Dists

Laid over until Thursday, March 26, retaining its place on the calendar.

HB 98-1372 by Rep. Swenson; Senator Norton--Certificate Of Review To Cover Employer

Laid over until Thursday, March 26, retaining its place on the calendar.

HB 98-1117 by Rep. Spradley; Sen. Chlouber--Procedures Re Execution Of Prisoners

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 23, page 523.)

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

HB 98-1305 by Rep. Grossman; Senator Wham--County Boundary Adjustments

Laid over until Thursday, March 26, retaining its place on the calendar.

HB 98-1224 by Rep. Lawrence; Senator Arnold--Bail Recovery

Amendment No. 1, Judiciary Committee Amendment

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

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, March 23, pages 525-526.)

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

HB 98-1306 by Rep. McElhany; Sen. Blickensderfer--Work Comp Criteria To End TTD

Laid over until Thursday, March 26, retaining its place on the calendar.

HB 98-1140 by Rep. C. Berry; Senator Norton--Workers' Comp PPD Schedule

Laid over until Thursday, March 26, retaining its place on the calendar.

HB 98-1123 by Rep. May; Senator Ament--Dept Of Revenue Vehicle Sales Functions

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 23, pages 526-527.)

Amendment No. 2, by Senator Ament

Amend the committee amendment, as printed in Senate Journal, March 23, page 527, line 2, strike "REVENUE" and substitute "REVENUE, INCLUDING LICENSING,".

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

HB 98-1128 by Rep. May; Senator Ament--Motor Vehicle Sales Transactions

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 23, pages 527-528.)

Amendment No. 2, by Senator Ament

Amend the committee amendment, as printed in Senate Journal, March 23, page 527, line 15, strike "11;" and substitute "11.";

strike lines 17 through 40 of the committee amendment, and substitute the following:

"Page 16 of the reengrossed bill, line 16, strike "BOARD" and substitute "EXECUTIVE DIRECTOR".".

As amended, laid over until Thursday, March 26, to appear as the first bill on the General Orders calendar.

The following bills on the General Orders calendar of Wednesday, March 25, were laid over until Thursday, March 26, retaining their place on the calendar:

HB 98-1041, 98-1028, 98-1177.

AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 98-1249 by Rep. Dean; Senator B. Alexander--Charter School Funding

Senator Alexander moved to amend the Report of the Committee of the Whole to show that HB 98-1249 as amended, was laid over until Thursday, March 26.

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

HB 98-1045 by Rep. Sinclair; Sen. Tebedo--Attempted Killing In Dom Rel Cases

Senator Tebedo moved to amend the Report of the Committee of the Whole to show that HB 98-1045 as amended, was laid over on the General Orders calendar to Thursday, March 26.

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

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

HB 98-1236, 98-1186, 98-1007, declared passed on Second Reading.

HB 98-1244 as amended, 98-1062 as amended, 98-1376 as amended, 98-1337 as amended, 98-1221 as amended, 98-1296 as amended, 98-1012 as amended, 98-1117 as amended, 98-1224 as amended, 98-1123 as amended, declared passed on Second Reading.

SB 98-166; HB 98-1016, 98-1154, 98-1158, 98-1093, 98-1264, 98-1141, 98-1300, 98-1311, 98-1053, 98-1261, 98-1209, 98-1252, 98-1368, 98-1372, 98-1305, 98-1306, 98-1140, 98-1041, 98-1028, 98-1177, laid over until Thursday, March 26, retaining their place on the calendar.

HB 98-1128 as amended, 98-1249 as amended, 98-1045 as amended, laid over until Thursday, March 26, retaining their place on the calendar.

______________________________

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 25, was laid over until Thursday, March 26, retaining its place on the calendar.

______________________________

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

March 26, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate