SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

86th Legislative Day Thursday, April 1, 1999

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

Order

Prayer By the chaplain, Rev. Glen Hamlyn, Rocky Mountain Cathedral.

Roll Call Present--Total, 35.

Quorum The President announced a quorum present.

Reading of On motion of Senator Andrews, reading of the Journal of March 31st was

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-220.

Services

Correctly engrossed: SB 99-89, 204, 206, 210.

Correctly revised: HB 99-1027, 1037, 1056, 1070, 1090, 1107, 1159, 1163, 1171, 1204, 1234, 1253, 1268, 1283, 1284, 1288, 1290, 1304, 1310.

Correctly enrolled: SB 99-46, 112.

To the Governor for signature on Wednesday, March 31, at 4:15 pm:

SB 99-136.

MESSAGE FROM THE GOVERNOR

March 31, 1999

To the Honorable

Colorado Senate

Sixty-second General Assembly

First Regular Session

Denver, CO 80203

Ladies and Gentlemen:

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

S.B. 99 - 019 - Concerning the Limited Licensure of Physicians Affiliated with a Shriners Hospital for Children for the Sole Purpose of Evaluation and Treatment of Patients of a Shriners Hospital for Children.

Approved March 31, 1999 at 10:58 a.m.

S.B. 99 - 057 - concerning the Economic Regulation of Telecommunications.

Approved March 31, 1999 at 11:00 a.m.

S.B. 99 - 122 - Concerning the AColorado Seed Act@, and, in Connection Therewith, Continuing the Registration Function of the Commissioner of Agriculture Under Such Act.

Approved March 31, 1999 at 11:01 a.m.

S.B. 99 - 172 - Concerning the Creation of the Tobacco Litigation Settlement Fund.

Approved March 31, 1999 at 11:02 a.m.

S.B. 99 - 200 - Concerning the Prohibition on the Colorado School Mines= Leasing Property to Social Organizations.

Approved March 31, 1999 at 11:03 a.m.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/31/99 4:30 p.m.

P. Dicks, Secretary

SIGNING OF BILLS - RESOLUTIONS

The President has signed: HB99-1105, 1188, 1213, 1217, 1227, 1265, 1318, and 1327.

The President has signed: SB99-028, 046, 063, 069, 112.

INTRODUCTION AND CONSIDERATION OF RESOLUTION

The following resolution was read by title and taken upon immediate consideration:

SJR 99-024 by Senator Powers; also Representative George --Concerning a change in the deadline for passage in the house of introduction of bills referred to appropriations committee.

Senator Blickensderfer moved to suspend Senate Rule 30(b).

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

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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 99-1127 by Rep. Gotlieb; Senator Powers--Credit Card Payments To Govt Entities

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

Third Reading Amendment No. 1, by Senator Powers

Amend revised bill, page 8, line 7, strike "GOVERNMENT" and substitute "GOVERNMENTAL".

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

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

Third Reading Amendment No. 2, by Senator Powers

Amend revised bill, page 2, line 11, after "THAN", insert "BAIL BONDS, JUDICIAL BONDS, OR OTHER".

Page 7, line 12, after "THAN", insert "BAIL BONDS, JUDICIAL BONDS, OR OTHER".

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:

YES 34

NO 1

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Andrews, Evans, Lamborn.

HB 99-1090 by Rep. Keller; Senator Wham--Protection From Restraint

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

YES 34

NO 1

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Nichol, Pascoe, Reeves, Rupert.

SB 99-204 by Sen. Tebedo; Rep. McElhany--State Reporting Requirements

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Nichol, Weddig.

HB 99-1107 by Rep. Swenson; Sen. Hillman--Work Comp Permanent Disability

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

YES 20

NO 14

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
N
Tebedo
Y

Arnold
Y
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
N

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
Y

Dyer
Y
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
*
Sullivant
Y

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

Abstaining (*) from voting under Senate Rule 17(c)--Matsunaka

Co-sponsors added: Arnold, Powers.

HB 99-1037 by Rep. Windels; Sen. Epps--Barring A Student From A Victim's School

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Anderson, Andrews, Evans, Hernandez, Matsunaka, Nichol, Pascoe, Phillips, Powers, Reeves, Teck, Weddig.

HB 99-1027 by Rep. S. Williams; Sen. Wham--Criminal Mischief Graffiti Penalty

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

YES 27

NO 8

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
N
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
N
Pascoe
Y
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
N
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
N

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

Co-sponsors added: Hernandez, Linkhart, Pascoe, Weddig.

HB 99-1304 by Rep. Grossman; Senator Wham--Strengthening Burglary

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Arnold, Epps, Powers, Sullivant.

HB 99-1070 by Rep. Leyba; Senator Reeves--Second Deg Sexual Assault

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Arnold, Pascoe, Tanner.

HB 99-1310 by Rep. McElhany; Senator Owen--Exempt Commercial Policyholders

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

HB 99-1290 by Rep. Kaufman; Sen. Evans--Limits On Breach Of Fid Duty Cases

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

Call of Call of Senate.

Senate

Call Raised.

Third Reading Amendment No. 1, by Senator Wham

Amend revised bill, page 2, line 12, after "ORGANIZATION", insert "OR AGAINST A RELIGIOUS ORGANIZATION";

line 13, after "INDIVIDUAL", insert "OR RELIGIOUS ORGANIZATION";

strike lines 15 through 26, and substitute the following:

"TRUST OR AGAINST AN INDIVIDUAL OR RELIGIOUS ORGANIZATION WHO HAS BEEN ENTRUSTED AND ACCEPTED A POSITION OF TRUST IN WHICH ALL OF THE FOLLOWING HAVE OCCURRED:

(I)  THE INDIVIDUAL OR RELIGIOUS ORGANIZATION ASSUMED A DUTY TO ACT IN A DEPENDENT PERSON'S INTEREST;

(II)  THE INDIVIDUAL OR RELIGIOUS ORGANIZATION WAS GIVEN A REPOSE OF TRUST BY THE DEPENDENT PERSON;

(III)  THE REPOSE OF TRUST WAS JUSTIFIED;

(IV)  THE INDIVIDUAL OR RELIGIOUS ORGANIZATION KNEW OR SHOULD HAVE KNOWN THAT THE DEPENDENT PERSON WAS RELYING ON THE INDIVIDUAL OR RELIGIOUS ORGANIZATION TO LOOK OUT FOR THE DEPENDENT PERSON'S INTERESTS; AND

(V)  THE INDIVIDUAL OR RELIGIOUS ORGANIZATION VIOLATED THAT TRUST.".

Page 3, strike line 1.

Renumber succeeding paragraph accordingly.

The amendment was declared LOST by the following roll call vote:

YES 13

NO 21

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
N
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
*
Wattenberg
Y

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
N
Martinez
N
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

Abstaining (*) from voting under Senate Rule 17(c)--Perlmutter


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

YES 17

NO 17

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
N
Tebedo
N

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
N
Perlmutter
*
Wattenberg
N

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
N

Dennis
N
Linkhart
N
Reeves
N
Wham
N

Dyer
Y
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
Y

Less than a majority of all members elected to the Senate having voted in the affirmative, the bill was declared LOST.

Abstaining (*) from voting under Senate Rule 17(c)--Perlmutter



HB 99-1301 by Rep. Mitchell; Sen. Owen--Prohibit Mandatory Pro Bono Service

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

YES 33

NO 2

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
N
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsor added: Tebedo.

HB 99-1283 by Rep. Spence; Senator Blickensderfer--Defibrillator Immunity

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

YES 34

NO 1

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Congrove, Epps, Hernandez, Martinez, Musgrave, Reeves, Tebedo,

Weddig.

HB 99-1268 by Rep. Decker; Sen. Evans--Special District Elections

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

HB 99-1284 by Rep. Spence; Sen. Evans--Elim State Engineer Border Dispute Comp

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

HB 99-1288 by Rep. Dean; Senator Owen--College Savings Program

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Martinez, Matsunaka, Pascoe, Powers, Sullivant, Tebedo.

SB 99-210 by Sen. Perlmutter; Rep. Witwer--Surety Bonds For Self­insurers

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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


SB 99-206 by Sen. Owen; Rep. McElhany--Census Population Data

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

YES 21

NO 14

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
Y

Dyer
N
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
Y

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

Co-sponsors added: Anderson, Arnold, Chlouber, Dennis, Epps, Evans, Hillman, Lacy, Nichol, Tebedo, Tebedo, Teck.

HB 99-1159 by Rep. Berry; Senator Tebedo--City & County Improvement Districts

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

HB 99-1204 by Rep. Paschall; Senator Anderson--Civil Restraining Orders

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Epps, Hernandez, Musgrave, Perlmutter, Reeves, Sullivant.

HB 99-1234 by Rep. Mace; Sen. Perlmutter--Additions To Domestic Temp Injunction

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

YES 33

NO 2

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
N

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

Co-sponsor added: Tanner.

HB 99-1163 by Rep. Kaufman; Senator Perlmutter--Rule Review Bill

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsor added: Matsunaka

HB 99-1056 by Rep. Berry; Senator Phillips--Hazardous Substance Emergency Response

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Anderson, Arnold, Martinez, Owen, Pascoe, Rupert, Tebedo.

HB 99-1253 by Rep. Mitchell; Senator Lamborn--Juvenile Statements In Custody

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

YES 21

NO 14

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
N
Tebedo
Y

Arnold
Y
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
Y

Dennis
Y
Linkhart
N
Reeves
N
Wham
Y

Dyer
N
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
Y

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

Co-sponsors added: Arnold, Epps, Powers.

SB 99-089 by Sen. Congrove; Rep. Paschall--Make Property Tax Valuations Accurate

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Chlouber, Evans, Lamborn, Owen.

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

of the for consideration of General Orders and Senator Hillman 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 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, March 10, pages 461-464.)

Amendment No. 2, by Senator Dennis

Amend the Local Government Committee Amendment, as printed in Senate Journal, March 10, page 463, line 27, strike "LAW;" and substitute "LAW.";

strike lines 29 through 31.

Amendment No. 3, by Senator Dennis

Amend the Local Government Committee amendment, as printed in Senate Journal, March 10, page 462, strike lines 62 and 63 and substitute the following:

"(II)  ZONING REGULATIONS THAT APPLY TO ALL BUSINESSES, INCLUDING FIREARMS BUSINESSES; EXCEPT THAT ANY SUCH ZONING".

Amendment No. 4, by Senator Dennis

Amend the Local Government Committee Amendment, as printed in Senate Journal, March 10, page 463, line 12, after "USE", insert "OR POSSESSION".

Amendment No. 5, by Senator Dennis

Amend the Local Government Committee Amendment, as printed in Senate Journal, March 10, page 463, strike lines 18 through 21 and substitute the following:

"(VIII)  REGULATION OF THE TRANSPORTATION, CARRYING, OR POSSESSION OF FIREARMS BY EMPLOYEES OF THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY, WHILE SUCH EMPLOYEES ARE ACTING IN THE COURSE OF THEIR EMPLOYMENT; EXCEPT THAT SUCH REGULATION SHALL NOT RESTRICT THE TRANSPORTATION, CARRYING, OR POSSESSION OF FIREARMS BY SUCH EMPLOYEES IN THEIR VEHICLES;".

Amendment No. 6, by Senator Dennis

Amend the Local Government Committee Amendment, as printed in Senate Journal, March 10, page 462, strike lines 67 through 69.

Renumber succeeding subparagraphs accordingly.

Amendment No. 7, by Senator Dennis

Amend the Local Government Committee Amendment, as printed in Senate Journal, March 10, page 462, line 31, strike "OR TRANSFERRING" and substitute "TRANSFER, REPAIR, OR MANUFACTURE";

line 40, strike "OR TRANSFER" and substitute "TRANSFER, REPAIR, OR MANUFACTURE";

line 42, strike "OR TRANSFER" and substitute "TRANSFER, REPAIR, OR MANUFACTURE".

Amendment No. 8, by Senator Dennis

Amend the Local Government Committee Amendment, as printed in Senate Journal, March 10, page 462, line 25, strike "(3)" and substitute "(4)";

line 33, strike "(3)" and substitute "(4)";

after line 33, insert the following:

"(2)  AS USED IN THE SECTION, "FIREARM" MEANS ANY HANDGUN, AUTOMATIC, REVOLVER, PISTOL, RIFLE, SHOTGUN, OR OTHER INSTRUMENT OR DEVICE CAPABLE OR INTENDED TO BE CAPABLE OF DISCHARGING BULLETS, CARTRIDGES, OR OTHER EXPLOSIVE CHARGES. "FIREARM" ALSO MEANS ANY AIR GUN OR OTHER INSTRUMENT OR DEVICE CAPABLE OR INTENDED TO BE CAPABLE OF DISCHARGING NON­EXPLOSIVE PROJECTILES.".

Renumber succeeding subsections accordingly.

Page 462, line 36, strike "(3)" and substitute "(4)".

Page 463, line 34, strike "(3)" and substitute "(4)";

line 54, strike "(3)" and substitute "(4)".

Amendment No. 9, by Senator Wham

Amend the Local Government committee amendment, as printed in Senate Journal, March 10, page 463, line 27, change the period to a semicolon;

after line 31, insert the following:

"(IX)  REGULATION OF FIREARMS IN OR UPON ANY PREMISES LICENSED TO SELL ALCOHOL BEVERAGES FOR ON­PREMISES CONSUMPTION AS PROVIDED IN ARTICLES 46 AND 47 OF TITLE 12, C.R.S.".

Amendment No. 10, by Senator Wham

Amend the Local Government committee amendment, as printed in Senate Journal, March 10, page 463, after line 59, insert the following:

"(7)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, RESTRICT, OR PROHIBIT IN ANY MANNER, THE EXISTING RIGHTS OF ANY PERSON, PROPERTY OWNER, TENANT, EMPLOYER, OR BUSINESS ENTITY TO CONTROL THE POSSESSION OF FIREARMS ON ANY PROPERTY OWNED OR CONTROLLED BY THE PERSON OR BUSINESS ENTITY.".

Amendment No. 11, by Senator Perlmutter

Amend the Local Government Committee Amendment, as printed in Senate Journal, March 10, page 463, after line 59, insert the following:

"(8)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE ABILITY OF A SCHOOL DISTRICT TO REGULATE THE POSSESSION OR USE OF FIREARMS IN ANY BUILDING OR ON ANY PROPERTY OWNED BY THE SCHOOL DISTRICT.".

Amendment No. 12, by Senator Hillman

Amend the Local Government Committee Amendment, as printed in Senate Journal, March 10, page 463, after line 45, insert the following:

"(c)  EXCEPT AS SPECIFICALLY ALLOWED IN SUBPARAGRAPH (XI) OF PARAGRAPH (a) OF THIS SUBSECTION (4), NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE A MUNICIPALITY, COUNTY, OR CITY AND COUNTY TO ADOPT AN ORDINANCE OR RESOLUTION THAT RESULTS IN THE PROHIBITION OF THE POSSESSION OF FIREARMS IN ANY PRIVATELY OWNED BUILDING.".

Amendment No. 13, by Senator Chlouber

Amend the committee amendment, as printed in Senate Journal, March 10, page 463, after line 27, insert the following:

"(X)  REGULATIONS TO PROHIBIT FIREARMS AT ANY OUTDOOR EVENT THAT OCCURS WITHIN SPECIFIED BOUNDARIES AND FOR WHICH THE SPONSORS OF THE EVENT ARE REQUIRED TO OBTAIN A PERMIT FROM THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY; EXCEPT THAT THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY MAY NOT REGULATE FIREARMS AT ANY EVENT SPONSORED BY A MILITARY VETERANS ASSOCIATION, AT ANY EVENT THAT CONSTITUTES A HISTORICAL REENACT MENT, OR AT ANY EVENT RELATED TO THE USE OF FIREARMS.".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see page 673, Roll Call Vote.)

Senate in recess.

Senate reconvened.

HB 99-1175 by Rep. Kaufman; Sen. Perlmutter--Colo Probate Code Changes

(Amended in General Orders as printed in Senate Journal, March 29, page 604

and 612.)

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

HB 99-1189 by Rep. May; Senator Andrews--Collection Of Political Funds

Laid over until Monday, April 5, retaining its place on the calendar.

HB 99-1236 by Rep. Chavez; Sen. Feeley--Repeal Of The Dead Man's Statute

Declared LOST on Second Reading.

HB 99-1180 by Rep. Chavez; Sen. Blickensderfer--Open Alcoholic Beverage Container Law

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 19, pages 534-535.)

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see page 673, Roll Call Vote, where HB99-1180 as amended, declared LOST.)

HB 99-1239 by Rep. Veiga; Senator Blickensderfer--Permissible Use And No­fault Ins Laws

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 19, page 535.)

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

HB 99-1294 by Rep. Ragsdale; Sen. Lacy--New District Area Petition Or Election

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, March 19, page 534.)

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

HB 99-1145 by Rep. Taylor; Senator Anderson--Local Plumbing Inspection & Permitting

(Amended in General Orders as printed in Senate Journal, March 23, page 553.)

As amended, re-referred to Local Government Committee.

HB 99-1218 by Rep. Mace; Sen. Feeley--Kinship & Custodial Adoptions

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 29, pages 597-599.)

Amendment No. 2, by Senator Feeley

Amend the committee amendment, as printed in Senate Journal, March 29, page 598, line 21, strike "EXCLUDING" and substitute "OR".

Page 599, strike line 7, and substitute the following:

"assault, or homicide. excluding other physical assault or battery. FOR STEPPARENT, KINSHIP, OR CUSTODIAL ADOPTIONS, THE COURT SHALL NOT GRANT THE DECREE OF FINAL ADOPTION IF IT DETERMINES THAT THE PROSPECTIVE ADOPTIVE PARENT WAS CONVICTED OF A FELONY FOR PHYSICAL ASSAULT OR BATTERY THAT WAS COMMITTED WITHIN THE PAST FIVE YEARS.".

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

HB 99-1256 by Rep. Swenson; Sen. Sullivant--County Enforcement Traffic Offenses

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

SB 99-061 by Sen. Anderson; Rep. Kaufman--Parole Issues

Laid over until Monday, April 5, retaining its place on the calendar.

SB 99-083 by Sen. Owen; Rep. Berry--Foreign Capital Depositories

Laid over until Monday, April 5, retaining its place on the calendar.

SB 99-096 by Sen. Rupert; Rep. Morrison--Female Genital Mutilation

Laid over until Monday, April 5, retaining its place on the calendar.

AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Senator Pascoe moved to amend the Report of the Committee of the Whole to show that

the following Pascoe amendment, made to HB99-1305 as amended, did pass:

Amend the Local Government Committee amendment, as printed in Senate Journal, March 10, page 464, after line 62, insert the following:

"SECTION 8. Part 1 of article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:

18­12­108.8.  Unsafe storage of loaded handguns ­ prohibited ­ exceptions ­ penalties. (1)  AS USED IN THIS SECTION, "JUVENILE" MEANS ANY CHILD UNDER SIXTEEN YEARS OF AGE.

(2)  EXCEPT AS PROVIDED IN THIS SECTION, IT IS UNLAWFUL FOR ANYONE TO STORE OR LEAVE A LOADED HANDGUN ON A PREMISE UNDER HIS OR HER CONTROL WITHIN THE REACH OR EASY ACCESS OF A JUVENILE. IF A PERSON IN CONTROL OF THE PREMISES KNOWS OR REASONABLY SHOULD KNOW THAT A JUVENILE IS LIKELY TO GAIN ACCESS TO A LOADED HANDGUN ON THE PREMISES, THAT PERSON SHALL KEEP THE HANDGUN IN A SECURELY LOCKED BOX, CONTAINER, CABINET, OR STORE ROOM, OR IN A LOCATION THAT A REASONABLE PERSON WOULD BELIEVE TO BE SECURE OR, IN THE ALTERNATIVE, THE HANDGUN SHALL BE SECURED WITH A TRIGGER LOCK.

(3)  ANY PERSON WHO VIOLATES SUBSECTION (2) OF THIS SECTION COMMITS A CLASS 5 FELONY IF A JUVENILE OBTAINS THE HANDGUN AND USES IT TO INFLICT INJURY OR DEATH UPON ANY PERSON. HOWEVER, THIS SUBSECTION (3) SHALL NOT APPLY:

(a)  IF THE JUVENILE OBTAINS THE HANDGUN AS A RESULT OF AN UNLAWFUL ENTRY BY ANY PERSON;

(b)  IF THE JUVENILE OBTAINS POSSESSION OF THE HANDGUN FROM A MEMBER OF THE ARMED FORCES, NATIONAL GUARD, STATE MILITIA, OR POLICE OR OTHER LAW ENFORCEMENT AGENCY DURING OR INCIDENTAL TO THE PERFORMANCE OF THAT PERSON'S OFFICIAL DUTIES; OR

(c)  IF THE PERSON IN CONTROL OF THE PREMISES IS CARRYING THE HANDGUN ON HIS OR HER BODY OR WITHIN SUCH CLOSE PROXIMITY THERETO THAT HE OR SHE CAN RETRIEVE AND USE IT AS EASILY AND QUICKLY AS IF IT WERE CARRIED ON THE BODY.

(4)  ANYONE WHO VIOLATES SUBSECTION (2) OF THIS SECTION COMMITS A CLASS 3 MISDEMEANOR IF A JUVENILE OBTAINS THE HANDGUN WITHOUT THE LAWFUL PERMISSION OF THE JUVENILE'S PARENT OR LEGAL GUARDIAN AND POSSESSES OR EXHIBITS IT IN A PUBLIC PLACE OR IN A MANNER THAT IS CARELESS, ANGRY, OR THREATENING. HOWEVER, THIS SUBSECTION (4) SHALL NOT APPLY:

(a)  IF THE JUVENILE OBTAINS THE HANDGUN AS A RESULT OF AN UNLAWFUL ENTRY BY ANY PERSON;

(b)  IF THE JUVENILE OBTAINS POSSESSION OF THE HANDGUN FROM A MEMBER OF THE ARMED FORCES, NATIONAL GUARD, STATE MILITIA, OR POLICE OR OTHER LAW ENFORCEMENT AGENCY DURING OR INCIDENTAL TO THE PERFORMANCE OF THAT PERSON'S OFFICIAL DUTIES; OR

(c)  IF THE PERSON IN CONTROL OF THE HANDGUN IS CARRYING THE HANDGUN ON HIS OR HER BODY OR WITHIN SUCH CLOSE PROXIMITY THERETO THAT HE OR SHE CAN RETRIEVE AND USE IT AS EASILY AND QUICKLY AS IF IT WERE CARRIED ON THE BODY.

(5)  WHEN A JUVENILE IS ACCIDENTALLY SHOT BY ANOTHER FAMILY MEMBER, NO ARREST SHALL BE MADE PURSUANT TO THIS SECTION PRIOR TO SEVEN DAYS AFTER THE DATE OF SHOOTING. WITH RESPECT TO THE PARENT OR GUARDIAN OF A JUVENILE THAT WAS ACCIDENTALLY SHOT BY ANOTHER FAMILY MEMBER, THE INVESTIGATING OFFICERS SHALL FILE ALL FINDINGS AND EVIDENCE WITH THE DISTRICT ATTORNEY'S OFFICE WITH RESPECT TO VIOLATIONS OF THIS SECTION. THE DISTRICT ATTORNEY SHALL EVALUATE SUCH EVIDENCE AND SHALL TAKE SUCH ACTION AS HE OR SHE DEEMS APPROPRIATE UNDER THE CIRCUMSTANCES AND MAY FILE AN INFORMATION AGAINST THE APPROPRIATE PARTIES.

18­12­108.9.  Sale of handguns ­ definitions ­ required offer to sell trigger lock ­ required warnings ­ penalty. (1)  AS USED IN THIS SECTION:

(a)  "LICENSED COLLECTOR" MEANS ANY PERSON WHO QUALIFIES AS A LICENSED COLLECTOR PURSUANT TO 18 U.S.C. SEC. 921.

(b)  "LICENSED DEALER" MEANS ANY PERSON WHO QUALIFIES AS A LICENSED DEALER PURSUANT TO 18 U.S.C. SEC. 923.

(c)  "LICENSED IMPORTER" MEANS ANY PERSON WHO QUALIFIES AS A LICENSED IMPORTER PURSUANT TO 18 U.S.C. SEC. 923.

(d)  "LICENSED MANUFACTURER" MEANS ANY PERSON WHO QUALIFIES AS A LICENSED MANUFACTURER PURSUANT TO 18 U.S.C. SEC. 923.

(e)  "PAWNBROKER" MEANS ANY PERSON WHO QUALIFIES AS A PAWNBROKER PURSUANT TO 18 U.S.C. SEC. 921.

(2) (a)  ON AND AFTER JULY 1, 1999, EACH LICENSED COLLECTOR, LICENSED DEALER, LICENSED IMPORTER, LICENSED MANUFACTURER, AND PAWNBROKER IN THE STATE OF COLORADO WHO SELLS, RENTS, OR OTHERWISE TRANSFERS A HANDGUN TO ANY PERSON SHALL OFFER TO INCLUDE IN THE SALE, RENTAL, OR TRANSFER A TRIGGER LOCK, GUN LOCK, OR GUN­LOCKING DEVICE APPROPRIATE FOR THE HANDGUN BEING SOLD. IN ADDITION, THE LICENSED COLLECTOR, LICENSED DEALER, LICENSED IMPORTER, LICENSED MANUFACTURER, OR PAWNBROKER SHALL DELIVER TO THE PERSON TO WHOM THE HANDGUN WAS SOLD, RENTED, OR OTHERWISE TRANSFERRED A WRITTEN WARNING IN BOLD­FACED BLOCK LETTERS NOT LESS THAN ONE INCH IN HEIGHT THAT STATES THE FOLLOWING:

IT IS UNLAWFUL, AND PUNISHABLE BY A FINE OR IMPRISONMENT OR BOTH, FOR A PERSON TO STORE OR LEAVE A LOADED HANDGUN ON A PREMISE UNDER HIS OR HER CONTROL WITHIN THE REACH OR EASY ACCESS OF A JUVENILE, PURSUANT TO SECTION 18­12­108.8, COLORADO REVISED STATUTES.

(b)  THIS SUBSECTION (2) SHALL NOT APPLY TO PAWNBROKERS REDEEMING A HANDGUN TO THE PERSON THAT PAWNED THE HANDGUN.

(3)  ON AND AFTER JULY 1, 1999, EACH LICENSED COLLECTOR, LICENSED DEALER, LICENSED IMPORTER, LICENSED MANUFACTURER, AND PAWNBROKER IN THE STATE OF COLORADO SHALL CONSPICUOUSLY POST AND AT ALL TIMES DISPLAY IN THE PERSON'S PLACE OF BUSINESS AT EACH SERVICE COUNTER OR IN EACH AREA WHERE HANDGUNS ARE SOLD, THE WARNING SPECIFIED IN PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION, PRINTED IN BOLD­FACED BLOCK LETTERS NOT LESS THAN ONE INCH IN HEIGHT.

(4)  ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION COMMITS A CLASS 3 MISDEMEANOR.

SECTION 9.  Effective date ­ applicability. This act shall take effect July 1, 1999, and section 8 of this act shall apply to offenses committed on or after said date.".

Renumber succeeding section accordingly.

The motion was declared LOST by the following roll call vote:

YES 13

NO 20

EXCUSED 1

ABSENT 1

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
E
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
A
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
N

Dyer
N
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Senator Pascoe moved to amend the Report of the Committee of the Whole to show that

the following Pascoe amendment, made to HB99-1305 as amended, did pass:

Amend the Local Government Committee amendment, as printed in Senate Journal, page 464, strike lines 64 through 66 and substitute the following:

"SECTION 8.  Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".".

The motion was declared LOST by the following roll call vote:

YES 15

NO 18

EXCUSED 1

ABSENT 1

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
E
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
A
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Senator Wham moved to amend the Report of the Committee of the Whole to show that

the following Dennis amendment, made to HB99-1305 as amended, did not pass:

Amend the Local Government Committee amendment, as printed in Senate Journal, March 10, page 462, strike lines 62 and 63 and substitute the following:

"(II)  ZONING REGULATIONS THAT APPLY TO ALL BUSINESSES, INCLUDING FIREARMS BUSINESSES; EXCEPT THAT ANY SUCH ZONING".

The motion was declared LOST by the following roll call vote:

YES 14

NO 20

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
E
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
N
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Senator Wham moved to amend the Report of the Committee of the Whole to show that

the following Dennis amendment, made to HB99-1305 as amended, did not pass:

Amend the Local Government Committee Amendment, as printed in Senate Journal, March 10, page 462, strike lines 67 through 69.

Renumber succeeding subparagraphs accordingly.

The motion was declared LOST by the following roll call vote:

YES 17

NO 17

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
E
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
Y

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
N
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
Y

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Senator Wham moved to amend the Report of the Committee of the Whole to show that

the following Wham amendment, made to HB99-1305 as amended, did pass:

Amend the Local Government committee amendment, as printed in Senate Journal, March 10, page 463, line 31, change the period to a semicolon;

after line 31, insert the following:

"(XI)  REGULATIONS RELATED TO ACCESS, POSSESSION, CARRYING, OR USE OF FIREARMS BY JUVENILES.".

The motion was declared LOST by the following roll call vote:

YES 14

NO 20

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
E
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
N
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Senator Pascoe moved to amend the Report of the Committee of the Whole to show that

the following Pascoe amendment, made to HB99-1305 as amended, did pass:

Amend the Local Government Committee amendment, as printed in Senate Journal, page 462, line 63, strike "FIREARMS;" and substitute "FIREARMS, INCLUDING, BUT NOT LIMITED TO, THE ABILITY TO CARRY CONCEALED FIREARMS;";

line 71, strike "FIREARMS" and substitute "FIREARMS, INCLUDING, BUT NOT LIMITED TO, THE ABILITY TO CARRY CONCEALED FIREARMS,".

Page 463, line 6, strike "FIREARMS" and substitute "FIREARMS, INCLUDING, BUT NOT LIMITED TO, THE ABILITY TO CARRY CONCEALED FIREARMS,";

line 10, strike "FIREARMS" and substitute "FIREARMS, INCLUDING, BUT NOT LIMITED TO, THE ABILITY TO CARRY CONCEALED FIREARMS,";

line 16, strike "FIREARMS;" and substitute "FIREARMS, INCLUDING, BUT NOT LIMITED TO, THE ABILITY TO CARRY CONCEALED FIREARMS;";

line 21, strike "FIREARMS;" and substitute "FIREARMS, INCLUDING, BUT NOT LIMITED TO, THE ABILITY TO CARRY CONCEALED FIREARMS;";

line 29, strike "FIREARMS" and substitute "FIREARMS, INCLUDING, BUT NOT LIMITED TO, THE ABILITY TO CARRY CONCEALED FIREARMS,";

line 35, strike "FIREARMS" and substitute "FIREARMS, WHETHER CARRIED OPENLY OR CONCEALED,";

line 37, strike "FIREARMS" and substitute "FIREARMS, WHETHER CARRIED OPENLY OR CONCEALED,";

strike lines 53 through 59 and substitute the following:

"(5)  ANY RESOLUTION OR ORDINANCE ADOPTED PURSUANT TO SUBSECTION (3) OF THIS SECTION THAT SPECIFICALLY PROHIBITS THE CARRYING OF CONCEALED FIREARMS SHALL BE ENFORCEABLE REGARDLESS OF WHETHER A PERSON CARRYING A FIREARM HAS BEEN ISSUED A PERMIT TO CARRY A CONCEALED HANDGUN.".

The motion was declared LOST by the following roll call vote:

YES 13

NO 21

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
E
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
N

Dyer
N
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Senator Perlmutter moved to amend the Report of the Committee of the Whole to show that the following Perlmutter amendment, made to HB99-1305 as amended, did pass:

Amend the Local Government Committee Amendment, as printed in Senate Journal, March 10, page 464, after line 62, insert the following:

"SECTION 8.  Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18­12­105.7.  Unlawful possession of a firearm. (1)  A PERSON COMMITS A CLASS 2 MISDEMEANOR IF HE OR SHE KNOWINGLY POSSESSES A FIREARM ON THE PREMISES OF ANY BUSINESS LICENSED TO SELL ALCOHOL BEVERAGES FOR ON­PREMISES CONSUMPTION PURSUANT TO ARTICLES 46 AND 47 OF TITLE 12, C.R.S.

(2)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, IT SHALL NOT BE AN OFFENSE UNDER THIS SECTION IF THE PERSON WHO POSSESSES THE FIREARM IS:

(a)  A PEACE OFFICER LEVEL I OR LEVEL Ia, AS DEFINED IN SECTION 18­1­901 (3) (l) (I) OR (3) (l) (II), OR A FEDERAL OFFICER WHOSE DUTIES ARE COMPARABLE TO THOSE OF A PEACE OFFICER LEVEL I OR LEVEL Ia;

(b)  A PEACE OFFICER LEVEL II, AS DEFINED IN SECTION 18­1­901 (3) (l) (III), WHILE ON DUTY; OR

(c)  THE PROPRIETOR OR MANAGER OF THE BUSINESS.

(3)  POSSESSION OF A PERMIT TO CARRY A CONCEALED HANDGUN SHALL NOT CONSTITUTE A DEFENSE TO ANY VIOLATION OF THE SECTION.".

Renumber succeeding section accordingly.

The motion was declared LOST by the following roll call vote:

YES 14

NO 20

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
E
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
N
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Senator Perlmutter moved to amend the Report of the Committee of the Whole to show that the following Perlmutter amendment, made to HB99-1305 as amended, did pass:

Amend the Local Government Committee Amendment, as printed in Senate Journal, March 10, page 464, after line 62, insert the following:

"SECTION 8.  18­12­101 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

(1)  As used in this article, unless the context otherwise requires:

(a.2)  "ARMOR­PIERCING AMMUNITION" MEANS ANY OF THE FOLLOWING:

(I)  AMMUNITION THAT CONTAINS A PROJECTILE OR PROJECTILE CORE THAT IS CONSTRUCTED ALMOST ENTIRELY, EXCLUDING TRACES OF OTHER SUBSTANCES, FROM ONE OR A COMBINATION OF ANY OF THE FOLLOWING: TUNGSTEN ALLOYS, STEEL, IRON, BRASS, BRONZE, BERYLLIUM COPPER, URANIUM, CERAMICS, OR POLYMER PLASTICS; OR

(II)  AMMUNITION CONSISTING OF A FULL­JACKETED PROJECTILE LARGER THAN .22 CALIBER THAT IS DESIGNED AND INTENDED FOR USE IN ANY FIREARM AND WHOSE JACKET HAS A WEIGHT OF MORE THAN TWENTY­FIVE PERCENT OF THE TOTAL WEIGHT OF THE PROJECTILE; OR

(III)  ANY AMMUNITION CAPABLE OF BEING USED IN ANY FIREARM THAT PERFORMANCE­BASED TESTING BY ANY STATE OR FEDERAL AGENCY DEMONSTRATES TO BE CAPABLE OF PENETRATING BODY ARMOR, REGARDLESS OF ITS COMPOSITION, WHEN USED IN CONNECTION WITH A PARTICULAR FIREARM.

SECTION 9.  Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18­12­102.5.  Illegal ammunition. (1)  A PERSON WHO KNOWINGLY SELLS OR OTHERWISE TRANSFERS, WITH OR WITHOUT REMUNERATION, OR KNOWINGLY POSSESSES ARMOR­PIERCING AMMUNITION COMMITS A CLASS 1 MISDEMEANOR.

(2)  IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE CHARGE OF SELLING, TRANSFERRING, OR POSSESSING ARMOR­PIERCING AMMUNITION THAT THE PERSON SO ACCUSED WAS A PEACE OFFICER OR MEMBER OF THE ARMED FORCES OF THE UNITED STATES OR COLORADO NATIONAL GUARD ACTING IN THE LAWFUL DISCHARGE OF HIS OR HER DUTIES.".

Renumber succeeding section accordingly.

The motion was declared LOST by the following roll call vote:

YES 14

NO 20

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
E
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
N
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Senator Perlmutter moved to amend the Report of the Committee of the Whole to show that the following Perlmutter amendment, made to HB99-1305 as amended, did pass:

Amend the Local Government Committee Amendment, as printed in Senate Journal, March 10, page 464, after line 62, insert the following:

"SECTION 8.  Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18­12­106.3.  Unlawful possession of firearms ­ athletic events. (1)  A PERSON COMMITS A CLASS 1 MISDEMEANOR IF HE OR SHE KNOWINGLY POSSESSES A FIREARM AT ANY SCHOOL, COLLEGIATE, OR PROFESSIONAL ATHLETIC EVENT THAT IS HELD AT A PUBLIC VENUE.

(2)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, IT SHALL NOT BE AN OFFENSE UNDER THIS SECTION IF:

(a)  THE PERSON WHO POSSESSES THE FIREARM IS A PEACE OFFICER LEVEL I OR LEVEL Ia, AS DEFINED IN SECTION 18­1­901 (3) (l) (I) OR (3) (l) (II), OR A FEDERAL OFFICER WHOSE DUTIES ARE COMPARABLE TO THOSE OF A PEACE OFFICER LEVEL I OR LEVEL Ia; OR

(b)  THE ATHLETIC EVENT IS ONE THAT INVOLVES FIREARMS AND THE PERSON WHO POSSESSES THE FIREARM IS INVOLVED IN THE ATHLETIC EVENT.

(3)  POSSESSION OF A PERMIT TO CARRY A CONCEALED HANDGUN SHALL NOT CONSTITUTE A DEFENSE TO ANY VIOLATION OF THIS SECTION.".

Renumber succeeding section accordingly.

The motion was declared LOST by the following roll call vote:

YES 16

NO 18

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
E
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
Y

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Senator Feeley moved to amend the Report of the Committee of the Whole to show that the following Feeley amendment, made to HB99-1305 as amended, did pass:

Amend the Local Government Committee Amendment, as printed in Senate Journal, March 10, page 464, after line 62, insert the following:

"SECTION 8.  Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18­12­105.7.  Unlawful possession of firearms ­ courts. (1)  A PERSON COMMITS A CLASS 1 MISDEMEANOR IF HE OR SHE KNOWINGLY POSSESSES A FIREARM IN ANY BUILDING USED AS A COURTHOUSE OR IN ANY PORTION OF A BUILDING IN WHICH COURT IS CONVENED.

(2)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, IT SHALL NOT BE AN OFFENSE UNDER THIS SECTION IF:

(a)  THE PERSON IS AUTHORIZED BY THE CHIEF JUDICIAL OFFICER OF THE JUDICIAL DISTRICT IN WHICH THE COURTHOUSE IS LOCATED TO POSSESS A FIREARM IN THE BUILDING OR AUTHORIZED BY A JUDGE TO POSSESS A FIREARM IN THE COURTROOM IN WHICH THE JUDGE IS PRESIDING; OR

(b)  THE PERSON WHO POSSESSES THE FIREARM IS A PEACE OFFICER LEVEL I OR LEVEL Ia, AS DEFINED IN SECTION 18­1­901 (3) (l) (I) OR (3) (l) (II), OR A FEDERAL OFFICER WHOSE DUTIES ARE COMPARABLE TO THOSE OF A PEACE OFFICER LEVEL I OR LEVEL Ia.

(3)  POSSESSION OF A PERMIT TO CARRY A CONCEALED HANDGUN SHALL NOT CONSTITUTE A DEFENSE TO ANY VIOLATION OF THIS SECTION.".

Renumber succeeding section accordingly.

The motion was declared LOST by the following roll call vote:

YES 16

NO 18

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
E
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
Y

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Senator Feeley moved to amend the Report of the Committee of the Whole to show that the following Feeley amendment, made to HB99-1305 as amended, did pass:

Amend the Local Government Committee Amendment, as printed in Senate Journal, March 10, page 464, after line 62, insert the following:

"SECTION 8.  Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18­12­105.7.  Unlawful possession of a firearm ­ financial institution. (1)  A PERSON COMMITS A CLASS 1 MISDEMEANOR IF HE OR SHE KNOWINGLY POSSESSES A FIREARM ON THE PREMISES OF ANY BANK, CREDIT UNION, SAVINGS AND LOAN, OR OTHER FINANCIAL INSTITUTION.

(2)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, IT SHALL NOT BE AN OFFENSE UNDER THIS SECTION IF THE PERSON WHO POSSESSES THE FIREARM IS:

(a)  A PEACE OFFICER LEVEL I OR LEVEL Ia, AS DEFINED IN SECTION 18­1­901 (3) (l) (I) OR (3) (l) (II), OR A FEDERAL OFFICER WHOSE DUTIES ARE COMPARABLE TO THOSE OF A PEACE OFFICER LEVEL I OR LEVEL Ia; OR

(b)  A PEACE OFFICER LEVEL II, AS DEFINED IN SECTION 18­1­901 (3) (l) (III), WHILE ON DUTY; OR

(c)  THE PROPRIETOR OR MANAGER OF THE FINANCIAL INSTITUTION; OR

(d)  A PERSON HIRED BY THE FINANCIAL INSTITUTION OR WITH WHOM THE FINANCIAL INSTITUTION HAS CONTRACTED TO PROVIDE SECURITY SERVICES, SO LONG AS SUCH PERSON HAS COMPLIED WITH ANY APPLICABLE LOCAL OR STATE LICENSING REGULATIONS.

(3)  POSSESSION OF A PERMIT TO CARRY A CONCEALED HANDGUN SHALL NOT CONSTITUTE A DEFENSE TO ANY VIOLATION OF THIS SECTION.".

Renumber succeeding section accordingly.

The motion was declared LOST by the following roll call vote:

YES 15

NO 19

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
E
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
Y

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
N
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Senator Perlmutter moved to amend the Report of the Committee of the Whole to show that the following Perlmutter amendment, made to HB99-1305 as amended, did pass:

Amend the committee amendment, as printed in Senate Journal, March 10, page 463, line 10, strike "SCHOOL, COLLEGIATE, OR";

line 11, strike "PROFESSIONAL".

The motion was declared LOST by the following roll call vote:

YES 17

NO 17

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
E
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
Y
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
Y

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
N
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
Y

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Senator Perlmutter moved to amend the Report of the Committee of the Whole to show that the following Perlmutter amendment, made to HB99-1305 as amended, did pass:

Amend the committee amendment, as printed in Senate Journal, March 10, page 464, after line 62, insert the following:

"SECTION 8. Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18-12-111.  Assault weapons - permit. (1)  FOR PURPOSES OF THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a)  "ASSAULT WEAPON" MEANS A SEMIAUTOMATIC ACTION, CENTERFIRE RIFLE WITH A DETACHABLE MAGAZINE WITH A CAPACITY OF AT LEAST TWENTY­ONE ROUNDS, A SEMIAUTOMATIC SHOTGUN WITH EITHER A FOLDING STOCK OR A MAGAZINE CAPACITY OF MORE THAN SIX ROUNDS OR BOTH, ANY SEMIAUTOMATIC PISTOL THAT IS A MODIFICATION OF A RIFLE HAVING THE SAME MAKE, CALIBER, AND ACTION DESIGN BUT WITH A SHORTER BARREL AND NO REAR STOCK, AND ANY MODIFIED AUTOMATIC WEAPON THAT WAS ORIGINALLY DESIGNED TO ACCEPT MAGAZINES WITH A CAPACITY OF AT LEAST TWENTY­ONE ROUNDS. "ASSAULT WEAPON" ALSO INCLUDES ANY FIREARM THAT HAS BEEN MODIFIED TO MEET THE DEFINITION OF AN "ASSAULT WEAPON" AS SPECIFIED IN THIS SUBSECTION (1).

(b)  "BUREAU" MEANS THE COLORADO BUREAU OF INVESTIGATION.

(c)  "PERMIT" MEANS A PERMIT TO POSSESS AN ASSAULT WEAPON ISSUED PURSUANT TO THIS SECTION.

(2)  THE BUREAU MAY ISSUE WRITTEN PERMITS TO POSSESS ASSAULT WEAPONS TO PERSONS WHO RESIDE IN THIS STATE.

(3) (a)  A PERSON WHO IS AT LEAST TWENTY-ONE YEARS OF AGE MAY SUBMIT A PERMIT APPLICATION FOR EACH ASSAULT WEAPON OWNED BY SAID PERSON TO THE BUREAU. SUCH APPLICATION MAY BE OBTAINED FROM THE BUREAU AND SHALL BE SUBMITTED PURSUANT TO SUCH PROCEDURES AS THE DIRECTOR OF THE BUREAU SHALL ESTABLISH.

(b)  EACH PERMIT APPLICATION SHALL CONTAIN A DESCRIPTION OF THE FIREARM THAT IDENTIFIES IT UNIQUELY, INCLUDING ALL IDENTIFICATION MARKS AND NUMBERS, THE FULL NAME, ADDRESS, DATE OF BIRTH AND FINGERPRINTS OF THE OWNER AND THE ADDRESS WHERE SUCH ASSAULT WEAPON WILL BE STORED AND SUCH OTHER INFORMATION AS THE BUREAU MAY DEEM APPROPRIATE. THE PLACE OF STORAGE AND POSSESSION SHALL NOT BE CHANGED WITHOUT NOTIFICATION TO THE BUREAU OF THE PROPOSED CHANGE IN LOCATION AND WHEN SAID WEAPON WILL BE TRANSPORTED. THE BUREAU MAY CHARGE A FEE FOR REGISTRATION NOT TO EXCEED THE ACTUAL PROCESSING COSTS INCURRED IN ISSUING THE PERMIT.

(c)  UPON RECEIPT OF AN APPLICATION, THE BUREAU SHALL ISSUE THE REQUESTED PERMIT SO LONG AS THE ASSAULT WEAPON FOR WHICH A PERMIT IS REQUESTED CONTAINS ITS ORIGINAL SERIAL NUMBER. ANY PERMIT ISSUED PURSUANT TO THIS SECTION SHALL IDENTIFY THE ASSAULT WEAPON TO WHICH IT APPLIES AND WHERE SAID ASSAULT WEAPON SHALL BE STORED.

(4)  THE INFORMATION REQUIRED FOR THE REGISTRATION AND PERMITTING OF ASSAULT WEAPONS SHALL BE TREATED AS CONFIDENTIAL AND SHALL NOT BE AVAILABLE TO THE GENERAL PUBLIC PURSUANT TO PART 2 OR ARTICLE 72 OF TITLE 24, C.R.S. THE INFORMATION ON A PERMIT APPLICATION MAY BE USED ONLY BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY.

(5)  A PERSON COMMITS A CLASS 1 MISDEMEANOR IF HE OR SHE POSSESSES AN ASSAULT WEAPON WITHOUT OBTAINING A PERMIT PURSUANT TO THIS SECTION.".

Renumber succeeding section accordingly.

The motion was declared LOST by the following roll call vote:

YES 14

NO 20

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
E
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
N
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

Senator Perlmutter moved to amend the Report of the Committee of the Whole to show that the following Perlmutter amendment, made to HB99-1305 as amended, did pass:

Amend the committee amendment, as printed in Senate Journal, March 10, page 464, after line 62, insert the following:

"SECTION 8. Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18-12-111.  Assault weapons - permit - unlawful possession of an assault weapon. (1)  FOR PURPOSES OF THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a)  "ASSAULT WEAPON" MEANS A SEMIAUTOMATIC ACTION, CENTERFIRE RIFLE WITH A DETACHABLE MAGAZINE WITH A CAPACITY OF AT LEAST TWENTY­ONE ROUNDS, A SEMIAUTOMATIC SHOTGUN WITH EITHER A FOLDING STOCK OR A MAGAZINE CAPACITY OF MORE THAN SIX ROUNDS OR BOTH, ANY SEMIAUTOMATIC PISTOL THAT IS A MODIFICATION OF A RIFLE HAVING THE SAME MAKE, CALIBER, AND ACTION DESIGN BUT WITH A SHORTER BARREL AND NO REAR STOCK, AND ANY MODIFIED AUTOMATIC WEAPON THAT WAS ORIGINALLY DESIGNED TO ACCEPT MAGAZINES WITH A CAPACITY OF AT LEAST TWENTY­ONE ROUNDS. "ASSAULT WEAPON" ALSO INCLUDES ANY FIREARM THAT HAS BEEN MODIFIED TO MEET THE DEFINITION OF AN "ASSAULT WEAPON" AS SPECIFIED IN THIS SUBSECTION (1).

(b)  "PERMIT" MEANS A PERMIT TO POSSESS AN ASSAULT WEAPON ISSUED PURSUANT TO THIS SECTION.

(2)  THE CHIEF OF POLICE OF A CITY OR OF A CITY AND COUNTY OR THE SHERIFF OF A COUNTY MAY ISSUE WRITTEN PERMITS TO POSSESS ASSAULT WEAPONS TO PERSONS WHO RESIDE WITHIN THEIR RESPECTIVE JURISDICTIONS.

(3) (a)  A PERSON WHO IS AT LEAST TWENTY-ONE YEARS OF AGE MAY SUBMIT A PERMIT APPLICATION FOR EACH ASSAULT WEAPON OWNED BY SAID PERSON TO THE CHIEF OF POLICE OR SHERIFF OF THE JURISDICTION IN WHICH THE PERSON RESIDES. SUCH APPLICATION MAY BE OBTAINED FROM THE CHIEF OF POLICE OR SHERIFF AND SHALL BE SUBMITTED PURSUANT TO SUCH PROCEDURES AS THE CHIEF OF POLICE OR SHERIFF SHALL ESTABLISH.

(b)  EACH PERMIT APPLICATION SHALL CONTAIN A DESCRIPTION OF THE FIREARM THAT IDENTIFIES IT UNIQUELY, INCLUDING ALL IDENTIFICATION MARKS AND NUMBERS, THE FULL NAME, ADDRESS, DATE OF BIRTH AND FINGERPRINTS OF THE OWNER AND THE ADDRESS WHERE SUCH ASSAULT WEAPON WILL BE STORED AND SUCH OTHER INFORMATION AS THE CHIEF OF POLICE OR SHERIFF MAY DEEM APPROPRIATE. THE PLACE OF STORAGE AND POSSESSION SHALL NOT BE CHANGED WITHOUT NOTIFICATION TO THE CHIEF OF POLICE OR SHERIFF OF THE PROPOSED CHANGE IN LOCATION AND WHEN SAID WEAPON WILL BE TRANSPORTED. THE CHIEF OF POLICE OR SHERIFF MAY CHARGE A FEE FOR REGISTRATION NOT TO EXCEED THE ACTUAL PROCESSING COSTS INCURRED IN ISSUING THE PERMIT.

(c)  UPON RECEIPT OF AN APPLICATION, THE CHIEF OF POLICE OR SHERIFF SHALL ISSUE THE REQUESTED PERMIT SO LONG AS THE ASSAULT WEAPON FOR WHICH A PERMIT IS REQUESTED CONTAINS ITS ORIGINAL SERIAL NUMBER. ANY PERMIT ISSUED PURSUANT TO THIS SECTION SHALL IDENTIFY THE ASSAULT WEAPON TO WHICH IT APPLIES AND WHERE SAID ASSAULT WEAPON SHALL BE STORED.

(4)  THE INFORMATION REQUIRED FOR THE REGISTRATION AND PERMITTING OF ASSAULT WEAPONS SHALL BE TREATED AS CONFIDENTIAL AND SHALL NOT BE AVAILABLE TO THE GENERAL PUBLIC PURSUANT TO PART 2 OR ARTICLE 72 OF TITLE 24, C.R.S. THE INFORMATION ON A PERMIT APPLICATION MAY BE USED ONLY BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY.

(5)  A PERSON COMMITS A CLASS 1 MISDEMEANOR IF HE OR SHE POSSESSES AN ASSAULT WEAPON WITHOUT OBTAINING A PERMIT PURSUANT TO THIS SECTION.".

Renumber succeeding sections accordingly.

The motion was declared LOST by the following roll call vote:

YES 14

NO 20

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
E
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
N
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

HB 99-1180 by Rep. Chavez; Sen. Blickensderfer--Open Alcoholic Beverage Container Law

Senator Wattenberg moved to amend the Report of the Committee of the Whole to show

that HB99-1180 as amended, did not pass.

The motion was declared LOST by the following roll call vote:

YES 17

NO 17

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
Y
Nichol
E
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
Y
Pascoe
N
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
N

Dyer
N
Martinez
Y
Rupert
N
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
Y

ROLL CALL VOTE ON HB99-1305

HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization Of Firearms Regs

On request of Senator Feeley, the President ordered a roll call vote on HB99-1305:

YES 20

NO 14

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
E
Tebedo
Y

Arnold
Y
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
N

Dyer
Y
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
Y

ROLL CALL VOTE ON HB99-1180

HB 99-1180 by Rep. Chavez; Sen. Blickensderfer--Open Alcoholic Beverage Container Law

On motion of Senator Wattenberg, the President ordered a roll call vote on HB99-1180:

YES 17

NO 17

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
N
Tanner
Y

Andrews
N
Feeley
N
Nichol
E
Tebedo
N

Arnold
N
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
N
Pascoe
Y
Thiebaut
N

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
N
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
N

HB99-1180 as amended, declared LOST on Second Reading.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Hillman, 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:

HB99-1256 declared passed on Second Reading.

HB99-1305 as amended, 99-1175 as amended, 99-1239 as amended,

99-1294 as amended, 99-1218 as amended, declared passed on Second Reading.

HB99-1236 declared lost on Second Reading.

HB99-1180 as amended, declared lost on Second Reading.

HB99-1145 as amended, re-referred to the Local Government Committee.

HB99-1189, SB99-061, 99-083, 99-096 laid over until Monday, April 5, retaining their place on the calendar.

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Notice of Intent to Reconsider Final Action on SB99-041.

______________________________

RECONSIDERATION OF READOPTION OF SB99-041

SB 99-041 by Sen. Dyer; Rep. Swenson--Bicycle Traffic Regulations

Having voted on the prevailing side, Senator Perlmutter moved for reconsideration of the readoption of SB99-041.

Reconsideration was granted by the following roll call vote:

YES 34

NO 0

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
E
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

________________________

On motion of Senator Perlmutter, and with the unanimous consent of the Senate, Senate Rules were suspended for the Reconsideration of the concurrence in House amendments to SB 99-41.

_________________________

CONSIDERATION OF HOUSE AMENDMENTS TO SB99-41

SB 99-041 by Sen. Dyer; Rep. Swenson--Bicycle Traffic Regulations

Senator Dyer moved that the Senate not concur in House amendments to Senate Bill 99-41 as printed in Senate Journal, March 5, page 698, and that a Conference Committee be appointed.

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

__________________________________

Senator Blickensderfer moved to suspend the Senate Rules for consideration of

Governor's appointment.

__________________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENT

On motion of Senator Wham, the following Governor's appointment was confirmed by

a roll call vote:

STATE BOARD OF PAROLE

effective April 1, 1999, for a term expiring July 1, 1999:

The Honorable Richard A. Martinez of Pueblo, Colorado, to serve as a citizen member and to fill a vacancy occasioned by the resignation of Patricia J. Rosales-Kroll, appointed.

YES 34

NO 0

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
E
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

SR 99-010 by Senators Lamborn, Andrews, Congrove, Hillman, Musgrave, and Tebedo -- Concerning topics to be discussed during the visit to Denver of the Premier of China.

CONCERNING TOPICS TO BE DISCUSSED DURING THE VISIT TO DENVER OF THE PREMIER OF CHINA.

WHEREAS, On April 10 and 11, 1999, the premier of China, Zhu Rongji, will visit the Denver area and will meet with Governor Bill Owens and Denver Mayor Wellington Webb; and

WHEREAS, There are three issues of concern to Coloradans regarding our nation's relations with China: The ongoing suppression of Chinese human rights by the government; the steady and dangerous transfer of military­sensitive technology to the Chinese military; and the disturbing role of Chinese nationalists in a large­scale attempt to influence an American presidential election; and

WHEREAS, During the 1992 presidential campaign, candidate Bill Clinton decried the Bush Administration=s policy of separating human rights violations from trade policy regarding China, yet President Clinton has pursued just such a policy; and

WHEREAS, Recently, the Chinese government has stepped up its effort to monitor and suppress "social groups", the first such coordinated effort since the Tiananmen massacre ten years ago; and

WHEREAS, The Chinese government continues to pursue its policy of arresting, harassing, and torturing members of the religious community who worship outside of official Chinese churches; and

WHEREAS, The Chinese government continues to pursue its policy of coercive family planning practices, including the practices of forced abortion and forced sterilization; and

WHEREAS, While it appears the policy of both the United States and China is to look the other way regarding Chinese human rights violations for the sake of trade, it also appears that China is not sincere about free and fair trade between the countries, because China exports four times more goods to the United States than it imports and the trade deficit is estimated to exceed $60 billion this year; and

WHEREAS, An alarming series of defense technology transfers to China has taken place in recent years, most notably the theft of nuclear secrets from the Los Alamos National Laboratory, which has created serious and lasting threats to our national security; and

WHEREAS, Recently, the House Select Committee on U.S. National Security and Military/Commercial Concerns with the People's Republic of China unanimously approved its report that found that China has engaged in a plan, through both espionage and the exploitation of trade and export policies, to steal militarily sensitive high­technology equipment and know­how that directly threatens our nation's security; and

WHEREAS, Such newly­developed missile technology possessed by the Chinese and shared with the North Koreans threatens to destabilize the region, escalate tensions, and undermine our Asian allies and American interests; and

WHEREAS, Congressional investigations into the conduct of the 1996 presidential campaign exposed a system rife with abuse and vulnerable to foreign influence and traced the illegal funneling of campaign money through persons associated with foreign governments, primarily the People's Republic of China; and

WHEREAS, Such investigations were hampered because many of the most knowledgeable witnesses to this illegal campaign funding fled the country or asserted their Fifth Amendment right against self­incrimination; now, therefore,

Be It Resolved by the Senate of the Sixty­second General Assembly of the State of Colorado:

(1)  That the Senate urges Governor Owens and Mayor Webb to raise the aforementioned issues with Premier Zhu Rongji during his visit to Denver.

(2)  That the Senate urges Governor Owens and Mayor Webb to underscore the importance of meaningful trade relationships that take into account how a trading partner respects the human rights of its own people.

(3)  That the Senate urges Governor Owens and Mayor Webb to underscore the importance of maintaining the integrity of our nation's advanced technology that we rely upon to buttress our systems of defense and to strengthen our national security.

(4)  That the Senate urges Governor Owens and Mayor Webb to underscore the importance of an increased national resolve to resist attempts by a foreign government to collect our military secrets or to influence our elections.

Be It Further Resolved, That copies of this Resolution be sent to Governor Bill Owens, Denver Mayor Wellington Webb, all members of the Colorado congressional delegation, and the President of the United States.

Laid over one day under Senate Rule 30(c), and placed on the calendar of Friday,

April 2.

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Thursday, April 1, and the balance of the calendar of Friday, April 2, were laid over until Monday, April 5, retaining their place.

______________________________

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

April 5, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate