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SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

93^rd Legislative Day Thursday, April 8, 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, 29.

Absent/Excused--Blickensderfer, Lacy, Perlmutter, Phillips, Reeves, Sullivant, Tebedo,

Thiebaut, Wham.

Present later--Blickensderfer, Lacy, Perlmutter, Phillips, Reeves, Sullivant, Tebedo,

Thiebaut.

Quorum The President announced a quorum present.

Reading of On motion of Senator Dyer, reading of the Journal of April 7^th was

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-222, 223, 224; SJR 99-26.

Services

Correctly enrolled: SB 99-68, 74, 90, 168, 174; SJR 99-25.

To the Governor for signature on Wednesday, April 7, 1999, at 9:35 am:

SB 99-21, 50, 70, 106, 129, 140, 201.

SIGNING OF BILLS -- RESOLUTIONS

The President has signed: SB 99-68, 74, 90, 168, 174; also SJR 99-25.

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

of the for consideration of General Orders and Senator Nichol 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 99-1189 by Rep. May; Senator Andrews--Collection Of Political Funds

Laid over until Friday, April 9, retaining its place on the calendar.

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

Laid over until Friday, April 9, retaining its place on the calendar.

SB 99-093 by Sen. Dennis; Rep. Dean--State Grants For Libraries

Laid over until Friday, April 9, retaining its place on the calendar.

HB 99-1314 by Rep. Dean; Senator Blickensderfer--Legislative Branch Administration

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

SB 99-217 by Sen. Anderson; Rep. Spradley--Bank Holding Co Subs Underwrite Ins

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

SB 99-147 by Sen. Tanner--Raise Benefits For Jurors And Witnesses

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 5, page 677.)

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

SB 99-116 by Sen. Grampsas and Feeley; also Rep. Pfiffner--Add A District Judge In The First Dist

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 5, page 678.)

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

SB 99-048 by Sen. Blickensderfer; Rep. McPherson--Crime Of Motor Vehicle Theft

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, January 29, pages 137-139.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 5, page 678.)

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

The following bills on the General Orders calendar laid over until Friday, April 9,

retaining their place on the calendar:

SB99-100; and HB99-1326

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Nichol, 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:

SB99-217, HB99-1314 declared passed on Second Reading.

SB99-147 as amended, 99-116 as amended, 99-048 as amended, declared passed on Second Reading.

SB99-083, 99-093, 99-100; HB99-1189, 99-1326 laid over until Friday, April 9, retaining

their place on the calendar.

MESSAGE FROM THE HOUSE:

April 8, 1999

Mr. President:

The House has adopted and transmits herewith HJR99-1026, as printed in House Journal, April 7, page 1076-1077.

The House has voted to authorize the House conferees on the First Conference Committee on HB99-1017 to consider matters not at issue between the two houses.

The House has voted to authorize the House conferees on the First Conference Committee on SB99-215 to consider matters not at issue between the two houses.

INTRODUCTION AND CONSIDERATION OF RESOLUTION

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

HJR 99-1026 by Representative Leyba; also Senator Rupert--Concerning the recognition of April 8, 1999, as National Equal Pay Day.

(Printed in House Journal, April 7, pages 1076-1077.)

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

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

On motion of Senator Rupert, the Resolution was ADOPTED 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	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	E
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

Co-sponsors added: Anderson, Arnold, Blickensderfer, Chlouber, Congrove, Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Lacy, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Phillips, Powers, Reeves, Sullivant, Tanner, Tebedo, Thiebaut, Wattenberg, Weddig.

CONFERENCE COMMITTEE GRANTED FURTHER POWERS

HB 99-1274 by Rep. King; Senator Andrews--Charter School Provisions

Senator Andrews moved that the Senate Conferees on the First Conference Committee on HB99-1274 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 Thursday, April 8, was laid over until Friday, April 9, retaining its place on the calendar.

______________________________

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

Approp- After consideration on the merits, the committee recommends that SB99-084 be

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

Amend printed bill, page 26, strike line 25 and substitute "five hundred thirty-one thousand eight hundred sixty-eight dollars ($531,868) and 1.0 FTE, or so much thereof as".

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: SB99-130

Approp- After consideration on the merits, the committee recommends that SB99-145 be

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

Amend the State, Veterans, and Military Affairs Committee amendment, as printed in Senate Journal, February 11, page 243, after line 52, insert the following:

"Page 3, strike "SECTION.", and insert the following:

"SECTION. THE PROVISIONS OF THIS SECTION AND SECTION 25-7-123 SHALL NOT APPLY TO UNITED STATES AND COLORADO MILITARY FACILITIES, PROPERTY, ACTIVITIES, AND INSTALLATIONS.".".

Approp- After consideration on the merits, the committee recommends that SB99-154 be

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

Amend printed bill, page 16, strike lines 6 through 15 and substitute the following:

"(c)  AT THE REQUEST OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE SERVICES THAT IS OPERATING A TEACHER APPRENTICE PROGRAM, THE DEPARTMENT MAY PROVIDE TECHNICAL ASSISTANCE TO THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE SERVICES TO ENSURE THAT THE PROGRAM CONTINUES TO BE OPERATED IN A MANNER THAT MEETS THE REQUIREMENTS SPECIFIED IN THIS SECTION.".

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: SB99-040

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: SB99-075

Approp- After consideration on the merits, the committee recommends that SB99-079 be

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

Amend the committee report, as printed in Senate Journal, February 4, page 164, line 22, strike "one hundred forty-two" and substitute "two hundred fourteen thousand two hundred dollars ($214,200),";

line 23, strike "thousand eight hundred dollars ($142,800)".

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: SB99-081

Approp- After consideration on the merits, the committee recommends that SB99-023 be

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

Amend the Health, Environment, Welfare and Institutions committee amendment, as printed in Senate Journal, February 5, page 194, after line 18, insert the following:

"SECTION 3. Appropriation - adjustment in 1999 long bill. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of human services, for the fiscal year beginning July 1, 1999, the sum of one million eight hundred fifty-seven thousand nine hundred dollars ($1,857,900), or so much thereof as may be necessary, for the implementation of this act.

(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 1999, shall be adjusted as follows:

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by one million eight hundred fifty-seven thousand nine hundred dollars ($1,857,900).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by $1,857,900 dollars ($1,857,900).".

Renumber succeeding section accordingly.

After line 22, insert the following:

"Page 1, line 103, strike "PLACEMENT." and substitute "PLACEMENT, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

Approp- After consideration on the merits, the committee recommends that the following be

riations postponed indefinitely: SB99-060

Approp- After consideration on the merits, the committee recommends that the following be

riations postponed indefinitely: SB99-144

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

referred favorably to the Committee of the Whole: SB99-220

Judiciary After consideration on the merits, the committee recommends that HB99-1317 be

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

Amend reengrossed bill, page 4, line 5, strike ", WHENEVER PRACTICABLE,";

line 12, strike "CRIME;" and substitute "CRIME AS THEY PERTAIN TO THE SECURITY AND SAFE OPERATIONS OF CORRECTIONAL FACILITIES;".

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title:

SJR 99-027 by Senators Owen, Andrews, Arnold, Blickensderfer, Powers, Wattenberg, Anderson, Congrove, Dyer, Epps, Evans, Hillman, Lacy, Musgrave, Reeves, and Teck; also Representatives Spence, Allen, Dean, Fairbank, George, Johnson, Kester, Lee, McElhany, McKay, McPherson, Mitchell, Nunez, Paschall, Pfiffner, Spradley, Tool, T. Williams, and Zimmerman--Concerning a request for the United States Congress to strengthen the authority of the Postal Rate Commission.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Friday, April 9.

SJR 99-028 by Senator Blickensderfer; also Representative Dean--Concerning a change in the deadline for adoption of the conference committee report on the long appropriation bill.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Friday, April 9.

TRIBUTE -- A POINT OF INTEREST

Honoring the Centaurus High School Boys' Wrestling Team -- by Senator Phillips

JOURNAL CORRECTION

Amend Senate Journal, April 5, page 679, strike lines 13 and 14 and substitute the

following:

"Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: HB99-1316 " .

On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Friday,

April 9, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate