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:

COLORADO LIMITED GAMING

CONTROL COMMISSION

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:

WATER QUALITY CONTROL COMMISSION

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