This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.
SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
97th Legislative Day Monday, April 12,
1999
Call to By the President at 9:30 a.m.
Order
Prayer By the chaplain, Rev. Gilbert Caldwell,
Park Hill Methodist Church, Denver.
Roll Call Present--Total, 30.
Absent/Excused--Blickensderfer, Lacy, Martinez, Reeves, Tebedo--Total, 5.
Present later--Blickensderfer, Lacy, Martinez, Reeves,
Tebedo.
Quorum The President announced a quorum present.
Reading of On motion of Senator Epps, reading of the Journal of April 9th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 99-225, 226.
Services
Correctly enrolled: SB 99-44, 137, 142; also SJM
99-2.
Correctly engrossed: SB 99-40, 75, 79, 83, 93; also
SJR 99-26
Correctly revised: HB 99-1317, 1326.
To the Governor for signature on Friday, April 9, 1999, at 2:45 pm:
SB 99-14, 43, 68, 74, 90, 109, 114, 123, 141, 168,
174
MESSAGE FROM THE HOUSE:
April 9, 1999
Mr. President:
The House has postponed indefinitely SB99-110. The
bill is returned herewith.
The House has adopted and transmits herewith HJR99-1021,
as printed in House Journal, March 26, page 992-993.
The House has adopted and transmits herewith HJR99-1024,
as printed in House Journal, April 5, page 1041-1042.
The House has adopted and returns herewith SJR99-024.
The House has adopted and returns herewith SJR99-028.
The House has adopted the First Report of the First
Conference Committee on HB99-1063, as printed in House Journal,
April 6, page 1063, and has repassed the bill as amended.
The House has voted to concur in the Senate amendments
to HB99-1056 and 1127 and has repassed the bills as so amended.
On reconsideration the House has voted to recall
House bill HB99-1188 from the Governor's
office.
The Speaker has appointed Representative Fairbank to replace Representative Mitchell as House conferee on the First Conference Committee on HB99-1017.
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title:
SJR 99-029 by Senators Andrews, Congrove, Dyer,
Epps, Evans, Hillman, Lamborn, Musgrave, Owen, Powers, and Tebedo;
also Representatives Sinclair, Lee, Dean, Decker, Fairbank, Gotlieb,
Hoppe, Johnson, Kester, Larson, May, McElhany, McKay, McPherson,
Miller, Nunez, Paschall, Scott, Swenson, Webster, T. Williams,
and Witwer--Concerning national missel defense.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Tuesday,
April 13.
SJR 99-030 By Senators Tebedo, Andrews, Blickensderfer,
Chlouber, Congrove, Dennis, Dyer, Epps, Evans, Hillman, Lacy,
Lamborn, Linkhart, Musgrave, Nichol, Owen, Perlmutter, Powers,
Reeves, Rupert, Sullivant, Teck, Wattenberg, Weddig, and Wham;
also Representatives Hoppe, Alexander, Allen, Clapp, Coleman,
Dean, Decker, Fairbank, Gagliardi, George, Gotlieb, Hagedorn,
Hefley, Johnson, Kaufman, Kester, King, Larson, Lee, May, McElhany,
McKay, McPherson, Miller, Mitchell, Morrison, Nunez, Paschall,
Pfiffner, Ragsdale, Scott, Sinclair, Smith, Spence, Spradley,
Stengel, Swenson, Takis, Tapia, Taylor, Tochtrop, Tool, Veiga,
Vigil, Webster, S. Williams, T. Williams, Witwer, and
Zimmerman--Concerning the "Eddie Eagle" Gun Safety Program.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Tuesday,
April 13.
SJR 99-031 by Senators Perlmutter, Rupert, Phillips,
Anderson, Andrews, Arnold, Blickensderfer, Chlouber, Dennis, Dyer,
Epps, Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart,
Martinez, Matsunaka, Musgrave, Nichol, Pascoe, Powers, Reeves,
Sullivant, Tanner, Teck, and Thiebaut; also Representative McElhany--Concerning
suicide prevention.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Tuesday,
April 13.
SJR 99-032 by Senator Owen; Also Representative McElhany--Concerning
the General Assembly's support for federal legislation concerning
post-census local review.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Tuesday,
April 13.
INTRODUCTION OF RESOLUTION
The following resolution was read by title:
HJR 99-1021 by Representatives Tate, Chavez, Clarke,
Coleman, Gordon, Gotlieb, Grossman, Leyba, Mace, and Veiga; also
Senators Hernandez, Pascoe, and Tanner--Concerning a request to
the President of the United States to direct the Chairman of the
Federal Trade Commission not to close the Denver Regional Office
of the Federal Trade Commission.
Laid over one day under Senate Rule 30(e), and placed on the calendar of Tuesday,
April 13.
MESSAGE FROM THE GOVERNOR
April 9, 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 - 046 - Concerning
the Restructuring of the State Board of Nursing, and In Connection
Therewith, Creating Panels to Investigate, Adjudicate, and Perform
Licensing Functions
Approved April 8, 1999 at 4:22 p.m.
S.B. 99 - 170 - Concerning
the Protection of Citizens Against Financial Consequences Resulting
From Electronic Computing Device Failures Associated with the
Year 2000 Date Change.
Approved April 8, 1999 at 4:30 p.m.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 4/9/99 3:00 p.m.
P. Dicks, Secretary
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The President has signed: SB 99-44, 137, 142; also
SJM 99-2.
The President has signed: HB99-1070, 1163, 1283,
and 1304.
INTRODUCTION AND CONSIDERATION OF RESOLUTION
The following resolution was read by title and
taken upon immediate consideration:
HJR 99-1024 by Representatives Dean, George, and
Gordon; also Senators Blickensderfer, Powers, and Feeley--Concerning
a joint session of the House of Representatives and the Senate
to honor former member Tony Grampsas.
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 Blickensderfer, the Resolution was ADOPTED by the following roll call vote:
YES 33 | NO 0 | EXCUSED 2 | 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 | Y |
Dyer | Y | Martinez | E | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
Co-sponsors added: Anderson, Andrews, Arnold, Chlouber, Congrove, Dennis, Dyer,
Epps, Evans, Hernandez, Hillman, Lamborn, Linkhart, Matsunaka, Musgrave, Nichol,
Owen, Pascoe, Perlmutter, Phillips, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck,
Thiebaut, Wattenberg, Weddig, Wham.
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 99-1012 by Rep. McKay; Senator Andrews --Adjust
Res Real Prop Assessment Ratio
Laid over until Monday, April 19, retaining its place on the calendar.
HB 99-1325 by Rep. George; Senator Powers--Transportation
RANs
Laid over until Monday, April 19, retaining its place
on the calendar.
SB 99-083 by Sen. Owen; Rep. Berry--Foreign Capital
Depositories
The question being "Shall the bill pass?" the roll was called with the following result:
YES 27 | NO 7 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | Y | Nichol | N | Tebedo | N |
Arnold | N | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | N |
Chlouber | Y | Lacy | E | 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 | N | 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: Powers.
SB 99-093 by Sen. Dennis; Rep. Dean--State Grants
For Libraries
The question being "Shall the bill pass?" the roll was called with the following result:
YES 27 | NO 7 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | N | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | N |
Arnold | Y | Hernandez | Y | Owen | N | Teck | Y |
Blickensderfer |
Y | Hillman | N | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | N | Lamborn | N | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
N |
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, Blickensderfer, Chlouber,
Epps, Feeley, Hernandez, Martinez, Nichol, Pascoe, Perlmutter,
Phillips, Reeves, Rupert, Sullivant, Tanner, Teck, Thiebaut, Wham.
SB 99-040 by Sen. Thiebaut; Rep. Smith--Statewide
Transportation Policy
The question being "Shall the bill pass?" the roll was called with the following result:
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 | E | 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, Epps, Feeley, Matsunaka,
Perlmutter, Phillips, Sullivant, Teck, Weddig.
HB 99-1317 by Rep. Spradley; Senator Chlouber--Inspector
General & Investigators Of DOC
The question being "Shall the bill pass?" the roll was called with the following result:
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 | E | 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 99-1326 by Rep. McElhany; Senator Owen--Urban
Renewal
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 99-075 by Sen. Reeves; Rep. Kaufman--Support
Obligations
The question being "Shall the bill pass?" the roll was called with the following result:
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 | E | 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 99-079 by Sen. Owen--Disabled Parking Privileges
The question being "Shall the bill pass?" the roll was called with the following result:
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 | E | 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: Blickensderfer, Congrove, Epps,
Evans, Feeley, Hernandez, Martinez, Musgrave, Rupert, Tebedo,
Weddig.
Committee On motion of Senator Musgrave, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Musgrave 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:
SB 99-084 by Sen. Chlouber--Concealed Handgun Permits
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, April 5, pages 691-692.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 8, page 711.)
Amendment No. 3, by Senator Pascoe
Amend printed bill, page 16, line 9, after "SYSTEM",
insert "AND A SEARCH OF THE STATE CRIMINAL JUSTICE INFORMATION
SYSTEM".
Amendment No. 4, by Senator Chlouber
Amend the Judiciary Committee Amendment, as printed
in Senate Journal, April 5, page 692, strike lines 4 and 5 and
substitute the following:
"(c) THE REAL ESTATE AND ALL IMPROVEMENTS
ERECTED THEREON OF ANY PUBLIC OR PRIVATE ELEMENTARY, MIDDLE, JUNIOR
HIGH, OR HIGH SCHOOL; EXCEPT THAT A PERMITTEE MAY HAVE A HANDGUN
ON THE REAL ESTATE OF SAID PUBLIC OR PRIVATE SCHOOL SO LONG AS
THE HANDGUN REMAINS IN HIS OR HER VEHICLE AND, IF THE PERMITTEE
IS NOT IN THE VEHICLE, THE HANDGUN IS IN A LOCKED COMPARTMENT
WITHIN THE VEHICLE.";
line 15, strike "IN ANY OF THE AREAS SPECIFIED
IN" and substitute "IN VIOLATION OF THE PROVISIONS OF";
line 20, strike "IN ANY OF THE AREAS SPECIFIED
IN" and substitute "IN VIOLATION OF THE PROVISIONS OF".
Amendment No. 5, by Senator Chlouber
Amend the Judiciary Committee amendment, as printed
in Senate Journal, April 5, page 692, line 5, change the period
to a semicolon;
after line 5, insert the following:
"(d) IN THE PORTION OF ANY PREMISES
LICENSED TO SELL ALCOHOL BEVERAGES FOR ONPREMISES CONSUMPTION,
AS PROVIDED IN ARTICLES 46 AND 47 OF TITLE 12, C.R.S., THAT IS
USED PRIMARILY FOR THE SALE OF ALCOHOL BEVERAGES.".
Amendment No. 6, by Senator Chlouber
Amend printed bill, page 12, strike lines 15 through
18;
line 19, strike "(II)" and substitute "(I)";
line 23, strike "(III)" and substitute
"(II)".
Amendment No. 7, by Senator Chlouber
Amend printed bill, page 5, strike line 10.
Reletter succeeding paragraphs accordingly.
Page 6, line 12, strike "SEPTEMBER" and
substitute "JULY";
line 16, strike "SECTION," and substitute
"PART 2,".
Page 13, line 15, after "IDENTIFICATION",
insert "OR MILITARY ORDER".
Page 15, line 22, after "COLORADO", insert
"OR MILITARY".
Page 23, strike lines 16 through 24.
Renumber succeeding sections accordingly.
Page 26, strike lines 9 through 19.
Renumber succeeding sections accordingly.
Page 27, line 2, strike "4, 5, and 6" and
substitute "3, 4, and 5".
Amendment No. 8, by Senator Chlouber
Amend the Judiciary Committee Amendment, as printed
in Senate Journal, April 5, page 692, strike line 9, and substitute
the following:
"INDIVIDUAL, PRIVATE PROPERTY OWNER, PRIVATE
TENANT, PRIVATE EMPLOYER, OR PRIVATE BUSINESS ENTITY TO";
line 11, strike "PERSON OR" and substitute
"INDIVIDUAL, PRIVATE PROPERTY OWNER, PRIVATE TENANT, PRIVATE
EMPLOYER, OR PRIVATE".
Amendment No. 9, by Senator Chlouber
Amend printed bill, page 22, after line 3, insert
the following:
"(3) THIS PART 2 SHALL NOT APPLY
TO ANY RETIRED PEACE OFFICER, LEVEL I OR Ia, AS DEFINED IN SECTION
181901 (3) (l) (I) AND (3) (l) (II), WITHIN THE FIRST
FIVE YEARS AFTER RETIREMENT SO LONG AS THE RETIRED PEACE OFFICER
HAS A LETTER SIGNED BY HIS OR HER LAST COMMANDING OFFICER ATTESTING
THAT THE RETIRED OFFICER MEETS THE CRITERIA SPECIFIED IN SECTION
1812203 (1).".
Amendment No. 10, by Senator Tebedo
Amend printed bill, page 23, line 1, strike "FIRST."
and substitute "LATER.".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
The following bills on the General Orders calendar of Monday, April 12, were laid
over until Tuesday, April 13, retaining their place
on the calendar:
SB99-100, HB99-1319, SB99-130, 99-145, 99-154,
99-081, 99-023, 99-220.
AMENDMENTS TO THE REPORT OF THE COMMITTEE OF
THE WHOLE
SB 99-084 by Sen. Chlouber--Concealed Handgun Permits
Senator Rupert moved to amend the Report of the
Committee of the Whole to show that the following Matsunaka
and Rupert amendment, made to SB99-084 as amended, did pass:
Amend printed bill, page 10, line 14, strike "AND";
line 24, strike "ACCURACY." and substitute
"ACCURACY; AND";
after line 24, insert the following:
(p) CAN DEMONSTRATE PROOF OF INSURANCE
THAT COMPLIES WITH THE REQUIREMENTS OF SECTION 1812216.".
Page 11, line 25, strike "IDENTIFICATION,"
and substitute "IDENTIFICATION AND PROOF OF INSURANCE AS
REQUIRED IN SECTION 1812216,".
Page 12, line 1, strike "BOTH" and substitute
"ALL";
line 5, strike "PERMIT AND IDENTIFICATION"
and substitute "PERMIT, IDENTIFICATION, AND PROOF OF INSURANCE";
line 7, strike "PERMIT AND IDENTIFICATION"
and substitute "PERMIT, IDENTIFICATION, AND PROOF OF INSURANCE";
strike line 11 and substitute the following:
"VALID PERMIT, VALID IDENTIFICATION, AND VALID
PROOF OF INSURANCE ISSUED TO THE PERMITTEE.".
Page 15, line 14, strike "HIGH." and substitute
"HIGH; AND";
after line 14, insert the following:
"(c) DOCUMENTARY EVIDENCE SHOWING
THAT THE APPLICANT HAS OBTAINED INSURANCE AS REQUIRED IN SECTION
1812216.".
Page 23, after line 13, insert the following:
"1812216. Permit holders
insurance required penalty. (1) EACH
PERSON WHO OBTAINS A PERMIT PURSUANT TO THE PROVISIONS OF THIS
PART 2 SHALL MAINTAIN INSURANCE COVERAGE THAT PROVIDES:
(a) LEGAL LIABILITY COVERAGE FOR BODILY
INJURY OR DEATH ARISING OUT OF THE USE OF THE HANDGUN, EXCLUSIVE
OF INTEREST AND COSTS, OF TWENTYFIVE THOUSAND DOLLARS TO
ANY ONE PERSON IN ANY ONE INCIDENT AND FIFTY THOUSAND DOLLARS
TO ALL PERSONS IN ANY ONE INCIDENT AND FOR PROPERTY DAMAGE ARISING
OUT OF THE USE OF THE HANDGUN TO A LIMIT, EXCLUSIVE OF INTEREST
AND COSTS, OF FIFTEEN THOUSAND DOLLARS IN ANY ONE INCIDENT; AND
(b) COMPENSATION WITHOUT REGARD TO FAULT,
UP TO A LIMIT OF FIFTY THOUSAND DOLLARS PER PERSON FOR ANY ONE
INCIDENT, FOR PAYMENT OF ALL REASONABLE AND NECESSARY EXPENSES
FOR MEDICAL, CHIROPRACTIC, OPTOMETRIC, PODIATRIC, HOSPITAL, NURSING,
XRAY, DENTAL, SURGICAL, AMBULANCE, AND PROSTHETIC SERVICES,
AND NONMEDICAL REMEDIAL CARE AND TREATMENT RENDERED IN ACCORDANCE
WITH A RECOGNIZED RELIGIOUS METHOD OF HEALING, PERFORMED WITHIN
FIVE YEARS AFTER THE INCIDENT RESULTING IN BODILY INJURY ARISING
OUT OF THE USE OF THE HANDGUN.
(2) COMPENSATION AS DESCRIBED IN PARAGRAPH
(b) OF SUBSECTION (1) OF THIS SECTION SHALL BE PAYABLE ONLY IF
THE INJURED PERSON IS NOT CHARGED WITH A CRIME IN CONNECTION WITH
THE INCIDENT THAT RESULTED IN INJURY OR, IF CHARGED WITH A CRIME,
IS ACQUITTED.
(3) A PERSON WHO HOLDS A PERMIT SHALL
MAINTAIN INSURANCE, AS DESCRIBED IN SUBSECTION (1) OF THIS SECTION
SO LONG AS THE PERMIT REMAINS VALID. FAILURE TO MAINTAIN PERMIT
INSURANCE, AS DESCRIBED IN SUBSECTION (1) OF THIS SECTION IS A
CLASS 2 MISDEMEANOR.".
The motion was declared LOST by the following roll call vote:
YES 16 | NO 19 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | N | Evans | N | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | Y | 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 | N |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
N |
Epps | N | Matsunaka | Y | Sullivant | N |
SB 99-084 by Sen. Chlouber--Concealed Handgun Permits
Senator Pascoe moved to amend the Report of the Committee of the Whole to show that
the following Pascoe amendment, made to SB99-084
as amended, did pass:
Amend printed bill, page 10, line 14, strike "and";
after line 24, strike "accuracy." and substitute
"accuracy; and";
after line 24, insert the following:
"(p) DEMONSTRATES THAT HE OR SHE
NEEDS A PERMIT TO CARRY A CONCEALED HANDGUN IN ORDER TO ADEQUATELY
PROTECT HIS OR HER PERSON OR PROPERTY.".
The motion was declared LOST by the following roll call vote:
YES 13 | NO 22 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | N | Evans | N | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | N | 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 |
SB 99-084 by Sen. Chlouber--Concealed Handgun Permits
Senator Pascoe moved to amend the Report of the Committee of the Whole to show that
the following Pascoe amendment, made to SB99-084
as amended, did pass:
Amend the Judiciary Committee Amendment, as printed
in Senate Journal, April 5, page 692, line 5, change the period
to a semicolon;
after line 5, insert the following:
"(d) ANY PUBLIC OR PRIVATE HOSPITAL
OR HEALTH CARE FACILITY.".
The motion was declared LOST by the following roll call vote:
YES 13 | NO 22 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | N | Evans | N | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | N | 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 | N | Rupert | Y | Mr. President |
N |
Epps | N | Matsunaka | Y | Sullivant | N |
SB 99-084 by Sen. Chlouber--Concealed Handgun Permits
Senator Pascoe moved to amend the Report of the Committee of the Whole to show that
the following Pascoe amendment, made to SB99-084
as amended, did pass:
Amend the Judiciary Committee Amendment, as printed
in Senate Journal, April 5, page 692, line 5, change the period
to a semicolon;
after line 5, insert the following:
"(d) ANY STATE, COUNTY, CITY AND
COUNTY, OR MUNICIPAL PARK OR OPEN SPACE AREA.".
The motion was declared LOST by the following roll call vote:
YES 14 | NO 21 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | N | Evans | N | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | N | 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 | N |
Dyer | N | Martinez | Y | Rupert | Y | Mr. President |
N |
Epps | N | Matsunaka | Y | Sullivant | N |
SB 99-084 by Sen. Chlouber--Concealed Handgun Permits
Senator Pascoe moved to amend the Report of the Committee of the Whole to show that
the following Pascoe amendment, made to SB99-084
as amended, did pass:
Amend printed bill, page 18, strike lines 23 and
24 and substitute the following:
"PERMIT. THE".
Page 22, strike lines 4 through 8.
Renumber succeeding statutory sections accordingly.
The motion was declared LOST by the following roll call vote:
YES 13 | NO 22 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | N | Evans | N | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | N | 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 | Y | Martinez | Y | Rupert | Y | Mr. President |
N |
Epps | N | Matsunaka | N | Sullivant | N |
SB 99-084 by Sen. Chlouber--Concealed Handgun Permits
Senators Perlmutter and Feeley moved to amend the
Report of the Committee of the Whole to show that the following
Pascoe amendment, made to SB99-084 as amended, did pass:
Amend printed bill, page 19, line 2, strike "NOT"
and substitute "ALSO".
The motion was declared LOST by the following roll call vote:
YES 15 | NO 20 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | N | Evans | N | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | Y | Nichol | N | 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 | N |
Dennis | N | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
N |
Epps | N | Matsunaka | Y | Sullivant | N |
ROLL CALL VOTE ON SB99-084
SB 99-084 by Sen. Chlouber--Concealed Handgun Permits
On the request of Senator Feeley, the President ordered a roll call vote on SB99-084.
YES 25 | NO 10 | 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 | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | N | Weddig | Y |
Dennis | Y | Linkhart | N | Reeves | N | Wham | Y |
Dyer | Y | Martinez | N | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Musgrave, the Report of the
Committee of the Whole was adopted and, a majority of all members
elected having voted in the affirmative, the following action
was taken:
SB99-084 as amended, declared passed on Second Reading.
SB99-100, HB99-1319, SB99-130, 99-145, 99-154, 99-081, 99-023, 99-220 laid over
until Tuesday, April 13, 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 balance of the calendar of Monday, April 12, was laid over until Tuesday, April 13, retaining its place on the calendar.
______________________________
Senate in recess.
Senate reconvened.
COMMITTEE OF REFERENCE REPORT
Health, After consideration on the merits, the committee recommends that HB99-1203 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
Amend reengrossed bill, page 2, line 16, strike "(I)",
and strike "WORKS" and substitute "COLORADO WORKS";
line 17, strike "DRUG" and substitute "CONTROLLED
SUBSTANCE" and strike "262711 (5) (c),"
and substitute "262708.5, THAT";
line 18, strike "DRUG" and substitute "COLORADO WORKS CONTROLLED "SUBSTANCE";
line 23, after "(5) (c).", insert "THE
PROGRAM MAY BE INCLUDED AS A COUNTY-DEFINED WORK ACTIVITY.".
Page 3, line 4, strike "AVAILABLE" and
substitute "AVAILABLE, IF TRANSPORTATION OR CHILD CARE IS
NOT AVAILABLE,";
strike lines 6 through 9, and substitute the following:
"SECTION 2. Part 7 of
article 2 of title 26, Colorado Revised Statutes, is amended BY
THE ADDITION OF A NEW SECTION to read:
262708.5. Colorado works
controlled substance abuse control program.
(1) A COUNTY MAY ELECT TO IMPLEMENT A COLORADO WORKS
CONTROLLED SUBSTANCE ABUSE CONTROL PROGRAM PURSUANT TO THE PROVISIONS
OF THIS SECTION. UNDER SUCH A PROGRAM, IF THE USE OF A CONTROLLED
SUBSTANCE PREVENTS THE PARTICIPANT FROM SUCCESSFULLY PARTICIPATING
IN HIS OR HER WORK ACTIVITY, THEN A COUNTY DEPARTMENT MAY REQUIRE
THE PARTICIPANT TO PARTICIPATE IN A SUBSTANCE ABUSE CONTROL PROGRAM
BASED IN WHOLE OR IN PART UPON A REPRESENTATION BY THE PARTICIPANT
THAT THE PARTICIPANT IS USING CONTROLLED SUBSTANCES OR UPON A
FINDING BY THE COUNTY DEPARTMENT PURSUANT TO AN ASSESSMENT BY
A CERTIFIED DRUG TREATMENT PROVIDER THAT THE PARTICIPANT IS OR
LIKELY TO BE USING CONTROLLED SUBSTANCES. IF A COUNTY CHOOSES
TO REQUIRE THE PARTICIPANT TO PARTICIPATE IN A CONTROLLED SUBSTANCE
ABUSE CONTROL PROGRAM, THEN THE COUNTY DEPARTMENT SHALL:
(a) REQUIRE THE PARTICIPANT TO HAVE AN
ASSESSMENT BY A CERTIFIED DRUG TREATMENT PROVIDER AND TO FOLLOW
A REHABILITATION PLAN, BASED UPON THE ASSESSMENT, DEVELOPED BY
A CERTIFIED DRUG TREATMENT PROVIDER, INCLUDING, BUT NOT LIMITED
TO, PARTICIPATION IN A CONTROLLED SUBSTANCE TREATMENT PROGRAM
AS A CONDITION OF CONTINUED RECEIPT OF ASSISTANCE UNDER THE WORKS
PROGRAM. THIS PARAGRAPH (a) SHALL NOT CREATE AN ENTITLEMENT TO
REHABILITATION SERVICES OR PAYMENT FOR SUCH SERVICES.
(b) IF REQUIRED BY THE REHABILITATION
PLAN, CONDUCT RANDOM TESTING ON SUCH PARTICIPANT TO DETERMINE
IF HE OR SHE IS REMAINING FREE OF CONTROLLED SUBSTANCES; AND
(c) IMPOSE ANY APPLICABLE SANCTIONS FOR
NONPARTICIPATION IN A WORK ACTIVITY ON SUCH PARTICIPANT IN THE
EVENT THAT HE OR SHE FAILS TO FOLLOW THE REHABILITATION PLAN,
INCLUDING TESTING POSITIVE ON A RANDOM TEST IF CONDUCTED PURSUANT
TO PARAGRAPH (b) OF THIS SUBSECTION (1) OR REFUSAL TO PARTICIPATE
IN A RANDOM TEST IF CONDUCTED PURSUANT TO PARAGRAPH (b) OF THIS
SUBSECTION (1).
(2) A PARTICIPANT MAY NOT BE SANCTIONED
FOR FAILING TO MEET THE REQUIREMENTS OF THE REHABILITATION PLAN
PURSUANT TO PARAGRAPH (c) OF SUBSECTION (1) OF THIS SECTION IF
THE SERVICES REQUIRED UNDER SUCH PLAN ARE NOT AVAILABLE, IF TRANSPORTATION
OR CHILD CARE IS NOT AVAILABLE, OR IF THE COSTS OF THE SERVICES
ARE PROHIBITIVE.".
Renumber succeeding sections accordingly.
Page 3, strike lines 18 through 26 and substitute
the following:
"NEED NOT BE LIMITED TO, PARTICIPATION IN A
COLORADO WORKS CONTROLLED SUBSTANCE ABUSE CONTROL PROGRAM PURSUANT
TO SECTION 262708.5.".
Strike page 4.
Page 5, strike lines 1 through 4;
line 8, strike "WORKS DRUG" and substitute
"COLORADO WORKS CONTROLLED SUBSTANCE";
line 9, strike "262711 (5) (c)."
and substitute "262708.5.".
MESSAGE FROM THE HOUSE:
April 12, 1999
Mr. President:
The House has passed on Third Reading and transmitted to the Revisor of Statutes
HB99-1051, amended as printed in House Journal, April 9, pages 1119-1120;
HB99-1195, amended as printed in House Journal, April 9, page 1118;
HB99-1313, amended as printed in House Journal, April
9, pages 1118-1119.
The House has passed on Third Reading and returns
herewith SB99-205.
MESSAGE FROM THE REVISOR
April 12, 1999
We herewith transmit:
without comment, as amended, HB99-1051, 1195, and
1313.
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
SB 99-227 by Senators Owen, Lacy, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning the authority to administer line-item appropriations, and, in connection therewith, extending for an additional time period existing authority for limited transfers between such appropriations and existing administrative authority to overexpend such appropriations.
Appropriations
HB 99-1051 by Representatives George, Gordon, Gotlieb, Larson, Leyba, Morrison, and S. Williams; also Senators Dyer, Lacy, and Rupert--Concerning the regulation of the practice of naturopathy, and making an appropriation in connection therewith.
Health, Environment, Welfare & Institutions
Appropriations
HB 99-1195 by Representatives Pfiffner, May, Paschall, Allen, Dean, McElhany, McPherson, Sullivant, T. Williams, and Young; also Senators Owen, Dennis, Powers, Congrove, Hillman, Lamborn, Musgrave, and Tebedo--Concerning governmental efficiency.
State, Veterans, & Military Affairs
Appropriations
HB 99-1313 by Representatives Alexander, Hoppe, Johnson, Miller, Smith, Spradley, Taylor, Webster; also Senator Teck--Concerning the wildlife commission, and, in connection therewith, changing the meeting schedule, operation, and composition of the wildlife commission.
Agriculture, Natural Resources, and Energy
Appropriations
INTRODUCTION OF RESOLUTION
The following resolution was read by title:
SJR 99-033 by Senators Evans, Andrews, Epps, Lamborn,
and Owen--Concerning an interim study on financing public schools
based on student performance, and, in connection therewith, creating
a task force to make recommendations and develop legislation.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Tuesday,
April 13.
INTRODUCTION OF RESOLUTION
The following resolution was read by title and
referred to the committee indicated:
SJR 99-034 by Senator Linkhart; also Representative Alexander--Concerning the creation of an interim committee to study child care.
Appropriations
MESSAGES FROM THE GOVERNOR
Appoint- Letters of designation and appointment from Governor Owens were read and assigned to
ments Committee as follows:
April 9, 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:
for a term expiring July 1, 2002:
Natalie Meyer of Denver, Colorado, to serve as a representative
of business management from the First Congressional District and
a Republican, appointed.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 4/9/99
P. Dicks, Secretary
Committee on Business Affairs and Labor
_______________________________
April 9, 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:
for terms expiring February 15, 2002:
Brice F. Lee, Jr., of Hesperus, Colorado, appointed;
Brian M. Nazarenus of Boulder, Colorado, appointed;
Lori J. M. Satterfield of Glenwood Springs, Colorado, appointed.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 4/9/99
P. Dicks, Secretary
Committee on Agriculture, Natural Resources and
Energy
TRIBUTES -- A POINT OF INTEREST
Memorializing James Harold Daniels -- by Senator
Tanner
Honoring Justin Schaefer -- by Senator Arnold
Honoring Lee Bulman -- by Senator Dennis
Honoring Paul Scherzer -- by Senator Dennis
Honoring Michael G. Duda -- by Senator Dennis
Honoring Travis L. Guyman -- by Senator Dennis
On motion of Senator Rupert, the Senate adjourned until 9:00 a.m., Tuesday,
April 13, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate