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SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

92^nd Legislative Day Wednesday, April 7, 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, 31.

Absent/Excused--Lacy, Matsunaka, Tanner, Wham--Total, 4.

Present later--Lacy, Tanner.

Quorum The President announced a quorum present.

Reading of On motion of Senator Dyer, reading of the Journal of April 6^th was

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

SENATE SERVICES REPORT

Senate Correctly printed: SR 99-10.

Services

Correctly engrossed: SR 99-10.

Correctly enrolled: SB 99-21, 50, 70, 106, 129; also SR 99-10.

MESSAGE FROM THE HOUSE:

April 6, 1999

Mr. President:

In response to the request of the Senate, the Speaker has appointed Representatives Tool, chairman, Morrison, and Tochtrop as House conferees on the First Conference Committee on SB99-006.

In response to the request of the Senate, the Speaker has appointed Representatives King, chairman, Dean, and Miller as House conferees on the First Conference Committee on SB99-052.

INTRODUCTION OF BILLS--FIRST READING

The following bills were read by title and referred to the committees indicated:

SB 99-222 by Senator Blickensderfer; also Representative Dean--Concerning the provision of a standard of care for hospital enterprises for electronic computing device failures associated with the year 2000 date change.

Business Affairs & Labor

SB 99-223 by Senator Wham; also Representative Kaufman--Concerning state employee performance.

Business Affairs & Labor

SB 99-224 by Senators Blickensderfer, Powers, Owen, and Feeley; also Representative George-Concerning the repeal of section 10-16-324 (4) (e) (I) (H), Colorado Revised Statutes, relating to the ownership limitation for converted nonprofit hospital, medical-surgical, and health service corporations.

Health, Environment, Welfare & Institutions

HB 99-1278 by Representative T. Williams; also Senator Lamborn--Concerning administrative hearings in workers' compensation cases conducted by administrative law judges, and making an appropriation in connection therewith.

State, Veterans, & Military Affairs

Appropriations

HB 99-1287 by Representative Young; also Senator Musgrave--Concerning payment of relocation costs of utility facilities by the department of transportation to utility facility users for federal-aid highway projects when federal reimbursement is available.

Business Affairs & Labor

Appropriations

HB 99-1306 by Representatives Morrison, Alexander, Chavez, Clarke, Johnson, Leyba, Mitchell, Tochtrop, and Witwer; also Senator Wham--Concerning independent review for the denial of benefits under a health insurance plan, and making an appropriation in connection therewith.

Health, Environment, Welfare & Institutions

Appropriations

HB 99-1308 by Representative Allen; also Senator Hillman--Concerning teachers.

Education

Appropriations

HB 99-1342 by Representatives Kaufman, Grossman, Morrison, and Veiga; also Senators Wattenberg, Anderson, and Feeley--Concerning a requirement that any person supplying slot machine equipment notify the division of gaming when knowingly entering into certain financial relationships with a slot machine operator.

Business Affairs & Labor

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

SJR 99-026 by Senator Hillman; also Representative King--Concerning international freedom from persecution for religious beliefs.

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

April 8.

SIGNING OF BILLS - RESOLUTIONS

The President has signed: SB99-21, 50, 70, 106, 129; also SR 99-10.

APPOINTMENTS TO CONFERENCE COMMITTEE

HB 99-1097 by Rep. Dean; Senator Blickensderfer--Special Election For General Assembly

The President appointed Senators Blickensderfer, Chairman, Hillman and Pascoe as Senate Conferees on the First Conference Committee on HB99-1097.

______________________________

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 Resolution.

______________________________

CONSIDERATION OF RESOLUTION

SJR 99-025 by Senators Pascoe, Blickensderfer, Feeley, Linkhart, Matsunaka, Perlmutter, Reeves, Rupert, Thiebaut, and Wham; also Representative Gotlieb--Concerning honoring Opera Colorado cofounders Louise Sherman and Nathaniel Merrill.

On motion of Senator Pascoe, the resolution was ADOPTED by the following roll call

vote:

YES 32		NO 0		EXCUSED 3		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	E	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	E
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	Y	Matsunaka	E	Sullivant	Y

Co-sponsors added: Anderson, Andrews, Arnold, Chlouber, Congrove, Dennis, Dyer,

Epps, Evans, Hernandez, Hillman, Lamborn, Martinez, Musgrave, Nichol, Owen,

Phillips, Powers, Sullivant, Tanner, Tebedo, Teck, Wattenberg, Weddig.

MESSAGE FROM THE HOUSE:

April 7, 1999

Mr. President:

The House has voted not to concur in the Senate amendments to HB99-1305 and requests that a conference committee be appointed. The Speaker has appointed Representatives McPherson, chairman, Dean, and Hagedorn as House conferees on the First Conference Committee on HB99-1305. The House has granted authorization to go beyond the scope of the differences. The bill is transmitted herewith.

APPOINTMENTS TO CONFERENCE COMMITTEE

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

The President appointed Senators Dennis, Chairman, Chlouber and Nichol as Senate Conferees on the First Conference Committee on HB99-1305.

CONFERENCE COMMITTEE GRANTED FURTHER POWERS

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

Senator Dennis moved that the Senate Conferees on the First Conference Committee on

HB99-1305 be given the powers to go beyond the scope of the differences between the

two Houses.

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

______________________________

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 Wednesday, April 7, was laid over until Thursday, April 8, retaining its place on the calendar.

______________________________

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB99-1206

Finance After consideration on the merits, the committee recommends that the following be postponed indefinitely: SB99-151

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

Government postponed indefinitely: SB99-209

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

Government postponed indefinitely: HB99-1145

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

Natural referred favorably to the Committee of the Whole: HB99-1319

Resources

and Energy

MESSAGE FROM THE HOUSE:

April 7, 1999

Mr. President:

The House has voted to concur in the Senate amendments to HB99-1027, 1037, 1090, and 1107 and has repassed the bills as so amended.

The House has voted not to concur in the Senate amendments to HB99-1017 and requests that a conference committee be appointed. The Speaker has appointed Representatives Paschall, chairman, Mitchell and Chavez as House conferees on the First Conference Committee on HB99-1017. The bill is transmitted herewith.

The House has adopted and returns herewith SJR99-025.

In response to the request of the Senate, the Speaker has appointed Representatives Kaufman, chairman, McPherson, and Veiga as House conferees on the First Conference Committee on SB99-143.

MESSAGES FROM THE GOVERNOR

Appoint- Letters of designation and appointment from Governor Owens were read and assigned to

ments Committee as follows:

April 1, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

effective April 5, 1999, for a term expiring July 1, 1999:

Donald D. Alders of Denver, Colorado, to serve as a parole or probation officer and to fill a vacancy occasioned by the resignation of Saul Trujillo, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/5/99

P. Dicks, Secretary

Committee on Judiciary

____________________________________

April 1, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

effective April 15, 1999, for terms expiring April 15, 2003:

John M. Hereford of Denver, Colorado, to serve as a member from the First Congressional District and as a Republican, appointed;

Robert L. Perletz of Boulder, Colorado to serve as a member from the Second Congressional District and as an Unaffiliated, appointed;

The Honorable T. Wright Dickinson of Maybell, Colorado, to serve as a member from the Third Congressional District, as a Republican, as a representative of agricultural interests, and as a representative from west of the Continental Divide, appointed;

Gerald Faust of Las Animas, Colorado, to serve as a member from the Fourth Congressional District and as a Republican, appointed;

Judith B. Sellers of Colorado Springs, Colorado, to serve as a member from the Fifth Congressional District and as a Democrat, appointed;

Jeffrey A. Crawford of Englewood, Colorado, to serve as a member from the Sixth Congressional District and as a Republican, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/5/99

P. Dicks, Secretary

Committee on Agriculture, Natural Resources and Energy

SIGNING OF BILLS - RESOLUTIONS

The President has signed: HB99-1033; HJR99-1025.

APPOINTMENTS TO CONFERENCE COMMITTEE

HB 99-1017 by Rep. Chavez; Senator Reeves--Appeals Of Ind Resp Contracts

The President appointed Senators Arnold, Chairman, Blickensderfer and Reeves as Senate Conferees on the First Conference Committee on HB99-1017.

CONSIDERATION OF MEMORIAL

SJM 99-001 by Sen. Dyer; Rep. Larson--Memorializing Chuck Lile

Senator Dyer moved that SJM99-001 be referred to the State, Veterans, Military

Affairs Committee.

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

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

April 8, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate