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

100th Legislative Day Thursday, April 15, 1999


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

Order

Prayer By the chaplain, Rev. Gilbert Caldwell, Park Hill Methodist Church, Denver.

Roll Call Present--Total, 24.

Absent/Excused--Anderson, Congrove, Evans, Hernandez, Lacy, Lamborn, Matsunaka, Perlmutter, Reeves, Tanner, Wham--Total, 11.

Present later--Anderson, Congrove, Evans, Hernandez, Lacy, Lamborn, Matsunaka, Perlmutter, Reeves, Tanner, Wham.

Quorum The President announced a quorum present.

Reading of On motion of Senator Epps, reading of the Journal of April 14th was

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


SENATE SERVICES REPORT

Senate Correctly printed: SB 99-229, 230; SCR 99-4; SJR 99-35, 36, 37, 38, 39,

Services 40, 41, 42.

Correctly engrossed: SB 99-20, 23, 29, 65, 67, 81, 117, 130, 145, 150, 152, 154, 163, 164, 165, 169.


MESSAGE FROM THE HOUSE:

April 14, 1999

Mr. President:

The House has adopted the First Report of the First Conference Committee on

SB99-011, as printed in House Journal, April 14, and has repassed the bill as so amended. The bill is returned herewith.

The House has adopted the First Report of the First Conference Committee on

HB99-1160, as printed in House Journal, April 14, and has repassed the bill as amended.

The House has voted to concur in the Senate amendments to HB99-1159, 1171, 1175, 1204, 1239, 1268, 1288, 1294, 1317 and 1326 and has repassed the bills as so amended.

The House has voted not to concur in the Senate amendments to HB99-1188 and requests that a conference committee be appointed. The Speaker has appointed Representatives Hefley, chairman, Kaufman, and Coleman as House conferees on the First Conference Committee on HB99-1188. The House has granted authorization to go beyond the scope of the differences. The bill is transmitted herewith.

The House has voted not to concur in the Senate amendments to HB99-1218 and requests that a conference committee be appointed. The Speaker has appointed Representatives Gotlieb, chairman, Spradley, and Mace as House conferees on the First Conference Committee on HB99-1218. The bill is transmitted herewith.

The House has voted not to concur in the Senate amendments to HB99-1253 and requests that a conference committee be appointed. The Speaker has appointed Representatives Mitchell, chairman, Spence, and Veiga as House conferees on the First Conference Committee on HB99-1253. The bill is transmitted herewith.



FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99­011

*****************************

THIS REPORT AMENDS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99­011, concerning the authority of a special district to waive charges against property within the district for the purpose of facilitating affordable housing, has met and reports that it has agreed upon the following:

That the Senate accede to the House amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 2, strike lines 8 and 9 and substitute the following:

"THE BOARD MAY WAIVE OR AMORTIZE ALL OR PART OF THE TAP FEES AND CONNECTION FEES OR EXTEND THE TIME PERIOD FOR PAYING ALL OR PART OF SUCH FEES FOR";

line 14, strike "AMORTIZATION" and substitute "WAIVER, AMORTIZATION,".

Respectfully submitted,

Senate Committee: House Committee:

(Signed) (Signed)

Sen. Norma Anderson, Chair Rep. William Kaufman, Chair

Sen. Ginette Dennis Rep. Glenn Scott

Sen. Stan Matsunaka Rep. Tom Plant


INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title:

SJR 99-043 by Senators Hernandez and Martinez; also Representatives Mace, Chavez, Coleman, Gagliardi, Leyba, Tapia, and Vigil--Concerning recognizing Cesar Chavez on Labor Day.

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

April 16.

SJR 99-044 by Senator Feeley; also Representative Viega--Honoring the mothers of Colorado and remembering the mothers of Colorado whose lives were cut short by domestic violence.

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

April 16.

SJR 99-045 by Senator Pascoe--Concerning the encouragement of voluntary contributions by Coloradans in support of the national World War II memorial.

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

April 16.


SJR 99-047 by Senator Wattenberg--Concerning the reestablishment of economic parity.

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

April 16.




INTRODUCTION OF RESOLUTION

The following resolution was read by title and referred to the committee indicated:

SJR 99-046 by Senators Sullivant, Andrews, Chlouber, Dennis, Dyer, Evans, Feeley, Linkhart, Matsunaka, Owen, Pascoe, Perlmutter, Phillips, Rupert, Teck, Wattenberg, Weddig, and Wham; also Representatives George, Plant, Scott, Witwer, Decker, Gordon, Grossman, Johnson, Kaufman, Lee, McKay, Morrison, Paschall, Ragsdale, Saliman, Spence, Swenson, Tapia, Tate, Tochtrop, Tool, Tupa, Vigil, and Zimmerman--Concerning an interim study on development and growth.

Appropriations

MESSAGE FROM THE GOVERNOR

April 14, 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 - 014 - Concerning a Prohibition on Local Governments Enacting Certain Local Labor Laws.

Approved April 14, 1999 at 1:21 p.m.

S.B. 99 - 068 - Concerning Authority of a School District to Impose Sanctions on Students for Failure to Return Textbooks.

Approved April 14, 1999 at 1:22 p.m.

S.B. 99 - 070 - Concerning the Elimination of the Repeal Date For Environmental Self-Evaluation Laws.

Approved April 14, 1999 at 4:04 p.m.

S.B. 99 - 201 - Concerning the Operations of the Colorado State Fair Authority, and, in Connection Therewith, Permanently Exempting the Authority from the Requirements of the "Procurement Code" and Clarifying the circumstances in which the Board of Commissioners of the Authority May Accept Contributions from Nonstate Sources.

Approved April 14, 1999 at 1:23 p.m.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/14/99 4:47 p.m.

P. Dicks, Secretary


SIGNING OF BILLS

The President has signed: HB99-1107, 1134, 1229, 1269.

______________________________

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 Governor's Appointments.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

On motion of Senator Arnold , the following Governor's appointment was confirmed by a roll call vote:

COLORADO COMMISSION ON

HIGHER EDUCATION

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

Ralph Nagel of Denver, Colorado, to replace Thomas E. Norton who has resigned, and to serve as a representative of the First Congressional District, and as a Republican, appointed;

YES 30


NO 0


EXCUSED 5


ABSENT 0


Anderson

E

Evans

E

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

E

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

E

Sullivant

Y


On motion of Senator Arnold , the following Governor's appointment was confirmed by a roll call vote:

BOARD OF TRUSTEES OF THE

STATE COLLEGES IN COLORADO

for a term expiring July 1, 2001:

William T. Martin of Colorado Springs, Colorado, appointed.

YES 30


NO 0


EXCUSED 5


ABSENT 0


Anderson

E

Evans

E

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

E

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

E

Sullivant

Y


On motion of Senator Musgrave, the following Governor's appointment was confirmed by a roll call vote:

TRANSPORTATION COMMISSION

for a term expiring July 1, 2001:

Joseph B. Blake of Denver, Colorado, to serve as a member from Transportation District 1 and to fill a vacancy occasioned by the resignation of Robert E. Botts, appointed.

YES 31


NO 0


EXCUSED 4


ABSENT 0


Anderson

E

Evans

E

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

E

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


On motion of Senator Musgrave, the following Governor's appointment was confirmed by a roll call vote:

COLORADO AERONAUTICAL BOARD

for terms expiring December 19, 2001:

Harold W. Patton, Jr., of Greenwood Village, Colorado, to serve as an aviation issues representative, appointed.

James Fritze of Eagle, Colorado, to serve as a representative of local government from the western slope, reappointed;

YES 31


NO 0


EXCUSED 4


ABSENT 0


Anderson

E

Evans

E

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

E

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


On motion of Senator Epps, the following Governor's appointment was confirmed by a roll call vote:

MEMBERS OF THE CHILDREN'S BASIC HEALTH

PLAN POLICY BOARD

for terms expiring June 30, 2001:

John L. Moss of Grand Junction, Colorado, to serve as a representative of business, appointed;

Lynn S. Dierker of Denver, Colorado, to serve as a representative of the health care industry, appointed;

for terms expiring June 30, 2002:

Doris J. Biester, Ph.D., of Denver, Colorado, to serve as a representative of the health care industry, appointed;

Thomas Williams of Golden, Colorado, to serve as a representative of business;

William N. Lindsay III of Englewood, Colorado, to serve as a representative of the health care industry;

Marguerite Salazar of Alamosa, Colorado, to serve as a representative of essential

community providers.

YES 32


NO 0


EXCUSED 3


ABSENT 0


Anderson

Y

Evans

E

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

E

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


On motion of Senator Epps, the following Governor's appointment was confirmed by a roll call vote:

STATE BOARD OF HUMAN SERVICES

for terms expiring March 1, 2003:

The Honorable John L. Klomp of Pueblo, Colorado, to serve as County Commissioner, reappointed;

Youlon D. Savage of Denver, Colorado, to serve as a public member, reappointed;

The Honorable Barbara J. Kirkmeyer of Brighton, Colorado, to serve as County Commissioner, replacing the Honorable Shirley Garner, appointed;

The Honorable Harold R. Klein, Jr., of La Junta, Colorado, to serve as County Commissioner, replacing the Honorable James E. Johnson, Jr., appointed;

Arthur W. Hogling, Ph.D., of Evergreen, Colorado, to serve as a public member, replacing Cameron Jane Learned, appointed.

YES 32


NO 0


EXCUSED 3


ABSENT 0


Anderson

Y

Evans

E

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

E

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


On motion of Senator Wattenberg, the following Governor's appointment was confirmed by a roll call vote:

OIL AND GAS CONSERVATION COMMISSION

OF THE STATE OF COLORADO

for terms expiring July 1, 2002:

Daniel Skrabacz of Denver, Colorado, to serve as a member with experience in the oil and gas industry, from the First Congressional District, and as an Unaffiliated, appointed;

Michael W. Klish of Grand Junction, Colorado, to serve as a member with experience in land reclamation and not employed by the oil and gas industry, from the Third Congressional District west of the Continental Divide, and as an Unaffiliated, appointed;

A. A. "Abe" Phillips of Evergreen, Colorado, to serve as a member with experience in the oil and gas industry, as an at-large member, and as a Republican, appointed.

YES 32


NO 0


EXCUSED 3


ABSENT 0


Anderson

Y

Evans

E

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

E

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


On motion of Senator Wattenberg, the following Governor's appointment was confirmed by a roll call vote:

COLORADO WATER CONSERVATION BOARD

for terms expiring February 12, 2002:

The Honorable Lewis H. Entz of Hooper, Colorado, to serve as a representative of the Rio Grande drainage basin and as a Republican, appointed;

Donald W. Schwindt of Cortez, Colorado, to serve as a representative of the San Miguel- Dolores-San Juan drainage basins and as a Democrat, appointed.


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

E

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


THIRD READING OF BILLS--FINAL PASSAGE

On Third Reading, the titles of the following bills were publicly read, the reading at length having been dispensed with by unanimous consent:


SB 99-164 by Sen. Tebedo; Rep. Sinclair--Special License Plates For Broadcasters

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

YES 32


NO 1


EXCUSED 2


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

Y

Arnold

N

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

E

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


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

Co-sponsor added: Feeley.


SB 99-130 by Sen. Wham; Rep. Kaufman--Juvenile Laws

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

YES 32


NO 1


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

N

Chlouber

Y

Lacy

E

Perlmutter

Y

Wattenberg

Y

Congrove

Y

Lamborn

E

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


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

Co-sponsors added: Epps, Evans, Hernandez, Powers, Weddig.

SB 99-154 by Sen. Evans; Rep. Gotlieb--Performance-based Teacher Ed

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

YES 28


NO 5


EXCUSED 2


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

N

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

N

Chlouber

Y

Lacy

E

Perlmutter

N

Wattenberg

Y

Congrove

Y

Lamborn

E

Phillips

Y

Weddig

Y

Dennis

N

Linkhart

N

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


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

Co-sponsors added: Arnold, Blickensderfer, Congrove, Hillman, Musgrave.



SB 99-081 by Sen. Chlouber; Rep. Young--Regulation Of Animal Racing

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

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

E

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


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

Co-sponsor added: Wattenberg.


SB 99-023 by Sen. Arnold; Rep. Keller--Circumvention Of D&N For MH Services

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

YES 29


NO 4


EXCUSED 2


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

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

Y

Lamborn

E

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: Hernandez, Pascoe, Reeves, Thiebaut, Weddig.


SB 99-117 by Sen. Dennis; Rep. Taylor--Remove Clean Vehicle Fleet Plan From SIP

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

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

E

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: Musgrave, Perlmutter, Sullivant, Weddig.



SB 99-152 by Sen. Linkhart; Rep. Alexander--Child Care

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

YES 30


NO 4


EXCUSED 1


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

N

Tanner

Y

Andrews

N

Feeley

Y

Nichol

Y

Tebedo

Y

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

Y

Lamborn

Y

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


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

Co-sponsors added: Epps, Feeley, Hernandez, Martinez, Nichol, Pascoe, Phillips, Powers,

Reeves, Rupert, Tanner, Tebedo, Thiebaut, Wattenberg, Weddig, Wham.

SB 99-065 by Sen. Reeves; Rep. Leyba--Central Indexing System

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

YES 29


NO 5


EXCUSED 1


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

Y

Arnold

N

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

N

Pascoe

Y

Thiebaut

Y

Chlouber

N

Lacy

E

Perlmutter

Y

Wattenberg

N

Congrove

Y

Lamborn

Y

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

N


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

Co-sponsor added: Anderson

SB 99-020 by Sen. Phillips; Rep. Zimmerman--Hazardous Substance Response Moneys

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: Arnold, Hernandez, Rupert, Weddig.

SB 99-169 by Sen. Wattenberg; Rep. George--Electricity Panel Expense Reimbursement

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 99-165 by Sen. Rupert; Rep. McElhany--Funding Reading Services For The Blind

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

YES 33


NO 1


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

N

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: Epps, Feeley, Hernandez, Linkhart, Martinez, Perlmutter, Phillips, Tanner, Tebedo.

SB 99-163 by Sen. Feeley; Rep. McPherson--Telecommunication Education Institute

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: Dyer, Matsunaka, Pascoe, Phillips, Rupert, Teck, Weddig.

SB 99-150 by Sen. Epps; Rep. George--Drug Dealer Liability Act

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

YES 29


NO 5


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

N

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

N

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.

SB 99-029 by Sen. Grampsas and Anderson; Rep. Spradley--Limited Gaming Fund Distributions

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

YES 22


NO 12


EXCUSED 1


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

N

Tanner

Y

Andrews

N

Feeley

Y

Nichol

N

Tebedo

Y

Arnold

N

Hernandez

Y

Owen

N

Teck

Y

Blickensderfer

Y

Hillman

N

Pascoe

Y

Thiebaut

Y

Chlouber

N

Lacy

E

Perlmutter

Y

Wattenberg

Y

Congrove

N

Lamborn

Y

Phillips

Y

Weddig

N

Dennis

Y

Linkhart

N

Reeves

Y

Wham

Y

Dyer

Y

Martinez

N

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-sponsors added: Epps, Hernandez, Tebedo.

SB 99-067 by Sen. Weddig; Rep. Grossman--Health Care For Aid To Needy Disabled

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

YES 33


NO 1


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

N

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: Epps, Hernandez, Martinez, Rupert, Tanner, Tebedo, Wattenberg.


SB 99-145 by Sen. Wattenberg; Rep. Taylor--Air Quality Standards For Public Lands

Call of Call of Senate.

Senate

Call Raised.

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

YES 22


NO 12


EXCUSED 1


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

E

Perlmutter

N

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

N


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

Co-sponsors added: Anderson, Andrews, Arnold, Chlouber, Epps, Evans, Hillman, Owen, Powers, Tebedo, Teck.


MESSAGE FROM THE HOUSE:

April 15, 1999

Mr. President:

The House has adopted and transmits herewith HJR99-1027, as printed in House Journal, April 9, pages 1143-1144.

__________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SB99-219, 99-173, 99-203 were made Special Orders at 10:09 a.m..

__________________________

Committee The hour of 10:09 a.m. having arrived, Senator Andrews moved that the Senate resolve

of the itself into Committee of the Whole for consideration of Special Orders and Senator

Whole Andrews was called to the Chair to act as Chairman.

SPECIAL ORDERS--SECOND READING OF BILLS--10:09 A.M.

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 99-219 by Sen. Thiebaut; Rep. Lawrence--Delete USC Property Lease Prohibition

Amendment No. 1, by Senator Thiebaut

Amend printed bill, page 2, line 5, strike "religion; and except that" and substitute "religion. and except that";

strike lines 6 and 7 and substitute the following:

"all the improvements constructed thereon shall be operated and managed by said university.".

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


SB 99-173 by Sen. Dennis; Rep. Young--Colo Water Conservation Board Projects

Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment

(Printed in Senate Journal, February 11, pages 235-236, Journal Correction, February 15, page 280.)

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

SB 99-203 by Sen. Arnold; Rep. Allen--Ed­related Reporting Requirements

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, March 11, pages 469-470.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 9, page 735.)

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Andrews, 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:

SB99-219 as amended, 99-173 as amended, 99-203 as amended, declared passed on

Second Reading.

______________________________

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 Resolutions.

______________________________

CONSIDERATION OF RESOLUTIONS

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.



On motion of Senator Andrews, 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

E

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


Co-sponsor added: Teck

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 until Friday, April 16, retaining its place on the calendar.

SJR 99-032 by Senator Owen; Also Representative McElhany--Concerning the General Assembly's support for federal legislation concerning post-census local review.

On motion of Senator Owen, 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

E

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


Co-sponsors added: Arnold, Congrove, Powers.


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.

(Printed in House Journal, March 26, pages 992-993.)

On motion of Senator Hernandez, 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

E

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


SJR 99-030 By Senators Tebedo, Andrews, Blickensderfer, Chlouber, Congrove, Dennis, Dyer, Epps, Evans, Hillman, Lacy, Lamborn, Linkhart, Musgrave, Nichol, Owen, Perlmutter, Powers, Reeves, 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.

Amendment No. 1, by Senator Pascoe

Amend the printed resolution, page 2, line 14, strike "Program and" and substitute

"Program,";

line 15, strike "programs" and substitute "programs, and other gun safety

curriculums".

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


On motion of Senator Tebedo, the Resolution, as amended, was ADOPTED by the following roll call vote:

YES 30


NO 4


EXCUSED 1


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

N

Andrews

Y

Feeley

N

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

E

Hillman

Y

Pascoe

Y

Thiebaut

N

Chlouber

Y

Lacy

Y

Perlmutter

Y

Wattenberg

Y

Congrove

Y

Lamborn

Y

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

N

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


Senator Rupert requested that her name be removed as a sponsor on SJR99-030.


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.

On motion of Senator Evans, SJR99-033 was referred to the Appropriations Committee.

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

SJR 99-035 by Senator Evans; also Representative Gotlieb--Concerning the Colorado Preterm Birth

Prevention Project 1999.

On motion of Senator Andrews, 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

E

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


Co-sponsors added: Linkhart, Nichol, Pascoe, Phillips, Thiebaut.


SJR 99-037 by Senator Wham; also Representative Lawrence--Concerning the continued development and maintenance of an oral history library of the Colorado General Assembly.

On motion of Senator Wham, 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

E

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


Co-sponsors added: Chlouber, Lamborn, Pascoe, Phillips, Powers, Rupert.


SJR 99-038 by Senators Dyer and Wattenberg--Concerning honoring Daries Charles "Chuck" Lile.

Laid over until Monday, April 19, retaining its place on the calendar.



SJR 99-039 by Senator Chlouber; also Representative Miller--Concerning waiver of local access and

transport areas.

Laid over until Friday, April 16, retaining its place on the calendar.

SJR 99-041 by Senator Chlouber; also Representative Spradley--Concerning declaration of the week of May 2, 1999, through May 8, 1999, to be correctional employees appreciation week.

Laid over until Monday, May 3, retaining its place on the calendar.

______________________________

On motion of Senator Chlouber, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Thursday, April 15, was laid over until Friday, April 16, 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 HB99-1016 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 1, strike lines 2 through 11.

Strike page 2.

Page 3, strike lines 1 through 10.

Renumber succeeding sections accordingly.

Page 4, strike lines 20 through 26.

Page 5, strike lines 1 through 22.

Renumber succeeding section accordingly.

Page 5, line 23, strike "October" and substitute "July 1, 1999.";

strike lines 24 through 26.

Page 6, strike lines 1 through 4 and substitute the following:

"SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

Finance After consideration on the merits, the committee recommends that HB99-1151 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 2, line 14, strike "IF, BASED UPON THE";

strike lines 15 through 21.

Page 3, strike lines 20 through 26.

Page 4, strike lines 1 through 23.

Renumber succeeding section accordingly.

Finance After consideration on the merits, the committee recommends that HB99-1155 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 2, line 4, strike "JULY" and substitute "JANUARY";

strike lines 5 through 12 and substitute "1999, SUBJECT TO THE";

line 16, after "OF", insert "THE VALUE OF".

Page 3, line 9, strike "DONATION PER INCOME TAX YEAR." and substitute "DONATION.";

strike lines 25 and 26.

Strike page 4.

Page 5, strike line 1.

Renumber succeeding sections accordingly.

Finance After consideration on the merits, the committee recommends that HB99-1311 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 5, strike lines 21 through 24 and substitute the following:

"1998, IF THE REVENUE ESTIMATE PREPARED BY THE STAFF OF THE LEGISLATIVE COUNCIL IN JUNE OF THE CALENDAR YEAR IN WHICH THAT FISCAL YEAR ENDS INDICATES THAT THE AGGREGATE AMOUNT OF STATE REVENUES WILL EXCEED THE LIMITATION ON STATE";

line 26, strike "DID NOT".

Page 6, line 1, strike "AUTHORIZE" and substitute "EITHER HAVE NOT AUTHORIZED";

line 2, strike "YEAR," and substitute "YEAR OR HAVE AUTHORIZED THE STATE TO RETAIN AND SPEND ONLY A PORTION OF THE EXCESS REVENUES FOR THAT FISCAL YEAR,".

Page 7, line 2, strike "DECEMBER" and substitute "AUGUST";

line 3, strike "A QUALIFIED TAXPAYER MAY";

strike lines 4 through 10 and substitute the following:

"IN NO EVENT SHALL THE CREDIT AGAINST STATE TAXES CLAIMED BY A QUALIFIED TAXPAYER IN A GIVEN STATE FISCAL YEAR BE ALLOWED IF SAID FORM AND PROOF OF PAYMENT IS FILED AFTER AUGUST 31 OF THE STATE FISCAL YEAR FOR WHICH A CREDIT AGAINST STATE TAXES IS ALLOWED.";

after line 18, insert the following:

"(8)  IF THE REVENUE ESTIMATE PREPARED BY THE STAFF OF THE LEGISLATIVE COUNCIL IN JUNE OF THE CALENDAR YEAR IN WHICH THAT FISCAL YEAR ENDS INDICATES THAT THE AGGREGATE AMOUNT OF STATE REVENUES WILL EXCEED THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION FOR THAT FISCAL YEAR BY TWO HUNDRED MILLION DOLLARS OR LESS, THEN THE CREDIT AGAINST STATE TAXES AUTHORIZED IN THIS SECTION SHALL NOT BE ALLOWED. IF SUCH REVENUE ESTIMATE INDICATES THAT THE AGGREGATE AMOUNT OF STATE REVENUES WILL EXCEED THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION FOR THAT FISCAL YEAR BY MORE THAN TWO HUNDRED MILLION DOLLARS, THEN THE CREDIT AGAINST STATE TAXES AUTHORIZED IN THIS SECTION SHALL TAKE PRIORITY OVER ANY OTHER MECHANISM TO REFUND SUCH EXCESS STATE REVENUES.

(9)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., MAY PROMULGATE RULES NECESSARY TO IMPLEMENT THIS SECTION.";

strike lines 19 through 26.

Page 8, strike lines 1 through 22.

Renumber succeeding sections accordingly.


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

Veterans, referred favorably to the Committee on Appropriations: HB99-1278

and Military

Affairs

State, The Committee on State, Veterans, and Military Affairs has had under consideration and

Veterans, has had a hearing on the following appointment and recommends that the appointment be

and Military confirmed:

Affairs

COLORADO BOARD OF

VETERANS AFFAIRS

for a term expiring June 30, 2002:

C. Douglas Sterner of Pueblo, Colorado, to serve as a veteran and a Republican,

appointed.

Finance After consideration on the merits, the committee recommends that HB99-1249 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 4, after line 25, insert the following:

"SECTION 6.  39­29­110 (1) (a) (I), Colorado Revised Statutes, is amended to read:

39­29­110.  Local government severance tax fund ­ creation ­ administration ­ energy impact assistance advisory committee created. (1) (a) (I)  There is hereby created in the department of local affairs a local government severance tax fund. In accordance with section 39­29­108, portions of the state severance tax receipts shall be credited to the local government severance tax fund. ALL INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF THE MONEYS IN THE LOCAL GOVERNMENT SEVERANCE TAX FUND SHALL BE CREDITED TO THE LOCAL GOVERNMENT SEVERANCE TAX FUND.".

Renumber succeeding section accordingly.


State, After consideration on the merits, the committee recommends that SB99-124 be

Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole

and Military with favorable recommendation:

Affairs

Amend printed bill, strike everything below the enacting clause, and substitute the following:

"SECTION 1.  Part 6 of article 8 of title 10, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

10­8­607.  Small employer health insurance evaluation ­ repeal. (1)  THE GENERAL ASSEMBLY HEREBY DETERMINES AND DECLARES THAT THE "SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY PROGRAM ACT", AS AMENDED BY HOUSE BILL 94­1210, ENACTED AT THE SECOND REGULAR SESSION OF THE FIFTY­NINTH GENERAL ASSEMBLY, INTRODUCED AMBITIOUS AND BROAD REFORM OF SMALL EMPLOYER HEALTH INSURANCE. ACCESS TO AFFORDABLE HEALTH INSURANCE BY SMALL EMPLOYER GROUPS, INCLUDING BUSINESS GROUPS OF ONE, IN COLORADO IS IMPORTANT AND WAS A DRIVING FORCE BEHIND THE ENACTMENT OF HOUSE BILL 94­1210. THE GENERAL ASSEMBLY FINDS AND DECLARES THAT COLORADO SHOULD EVALUATE THE EFFECTIVENESS AND IMPACT OF THE "SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY PROGRAM ACT" AS ENACTED AND IMPLEMENTED. FURTHER, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT MODIFICATIONS OF THE SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY PROGRAM SHOULD BE EVALUATED TO DETERMINE IF MODIFICATION TO THE "SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY PROGRAM ACT" SHOULD BE INITIATED. THIS STUDY IS AN IMPORTANT EVALUATION THAT WILL REQUIRE INPUT FROM THE BUSINESS COMMUNITY, INCLUDING BOTH EMPLOYERS AND EMPLOYEES, THE INSURANCE INDUSTRY, AND THE DIVISION OF INSURANCE.

(2)  THE GENERAL ASSEMBLY AUTHORIZES THE UNIVERSITY OF NORTHERN COLORADO TO CONDUCT AN INDEPENDENT, OBJECTIVE, ACADEMICALLY PEER­REVIEWED STUDY PURSUANT TO SUBSECTION (3) OF THIS SECTION, INCLUDING DATA­GATHERING EFFORTS DESIGNED TO IDENTIFY THE COST OF INSURANCE TO SMALL EMPLOYER GROUPS, PROBLEMS PROVIDING HEALTH INSURANCE FOR SMALL EMPLOYER GROUPS, AND THE REASONABLENESS OF AVAILABILITY OF HEALTH COVERAGE FOR SMALL EMPLOYER GROUPS. THE UNIVERSITY OF NORTHERN COLORADO SHALL REQUEST THE PARTICIPATION AND FINANCIAL SUPPORT OF PRIVATE SECTOR ORGANIZATIONS FOR FINANCIAL AND VOLUNTEER PERSONAL SERVICES TO COMPLETE THIS STUDY. THE STUDY SHALL BE FUNDED THROUGH DONATIONS, GRANTS, AND GIFTS FROM PRIVATE SECTOR ORGANIZATIONS. PRIVATE MONEYS MAY BE RECEIVED FOR PURPOSES OF THE STUDY CONDUCTED PURSUANT TO THIS SECTION. THE PRESIDENT OF THE UNIVERSITY OF NORTHERN COLORADO SHALL HAVE THE POWER TO DIRECT THE DISPOSITION OF ANY SUCH DONATION, GRANT, OR GIFT SO ACCEPTED FOR ANY PURPOSE CONSISTENT WITH THE COMPLETION OF THIS STUDY.

(3) (a)  THE PRESIDENT OF THE UNIVERSITY OF NORTHERN COLORADO SHALL CONVENE A MEETING OF ALL INTERESTED PERSONS RELATED TO THE STUDY NO LATER THAN JUNE 15, 1999. INTERESTED PERSONS INCLUDE, BUT ARE NOT LIMITED TO, PROVIDERS AND CONSUMERS OF SMALL EMPLOYER GROUP INSURANCE, THE DIVISION OF INSURANCE, AND ANY ENTITIES OR PERSONS AFFECTED BY THE "SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY PROGRAM ACT". THE MEETING SHALL INCLUDE A DISCUSSION OF THE RESOURCES AVAILABLE TO AND NECESSARY FOR THE COMPLETION OF THE STUDY BY THE UNIVERSITY OF NORTHERN COLORADO, INCLUDING, BUT NOT LIMITED TO, FINANCIAL AND VOLUNTEER PERSONAL SERVICES. AS USED IN THIS SECTION, THE "SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY PROGRAM ACT" SHALL BE REFERRED TO AS "THE ACT".

(b)  A REPORT OF THE STUDY CONTAINING CONCLUSIONS AND ALL POSSIBLE MEASURES TO IMPROVE ACCESS TO HEALTH INSURANCE BY SMALL EMPLOYERS SHALL BE SUBMITTED TO THE PRESIDENT OF THE SENATE, MAJORITY LEADER OF THE SENATE, MINORITY LEADER OF THE SENATE, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES, MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, AND CHAIRS OF THE HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES NO LATER THAN DECEMBER 1, 1999. THE STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO, ANSWERING THE FOLLOWING QUESTIONS:

(I)  HAS THE ACT EXPANDED OR REDUCED COVERAGE ACCESS TO SMALL EMPLOYERS IN COLORADO;

(II)  WHAT IMPACT HAS THE ACT HAD ON THE COST OF INSURANCE TO SMALL EMPLOYERS AND WHAT CAN BE ESTIMATED ABOUT FUTURE COST INCREASES AS A RESULT OF THE ACT;

(III) (A)  HAS THE ACT HAD A POSITIVE OR NEGATIVE IMPACT ON THE CHOICE OF INSURANCE PRODUCTS, INCLUDING HEALTH MAINTENANCE ORGANIZATIONS, PREFERRED PROVIDER ORGANIZATIONS, OR INDEMNITY PLANS, AVAILABLE TO SMALL EMPLOYERS;

(B)  IF THE CHOICE OF PRODUCT HAS BEEN AFFECTED BY THE ACT, IS THE IMPACT SIGNIFICANT ENOUGH TO CONCERN SMALL EMPLOYERS AND THE RESIDENTS OF COLORADO THAT CHANGES IN THE CHOICE OF INSURANCE PRODUCTS AVAILABLE TO SMALL EMPLOYERS SHOULD BE CREATED;

(IV) (A)  WITH RESPECT TO SMALL EMPLOYER GROUPS OF ONE MEMBER TO FIFTY MEMBERS, HAS THE ACT IMPACTED ANY SUBGROUPS IN UNIQUE OR SPECIFIC WAYS;

(B)  ARE INSURANCE EXPENSES, LAPSE RATES, OR OTHER FACTORS SIGNIFICANTLY DIFFERENT BETWEEN SUBGROUPS WITHIN THE ONE MEMBER TO FIFTY MEMBERS COHORT AND DO THESE PATTERNS HAVE IMPLICATIONS FOR COST, ACCESS, AND CHOICE OF PRODUCT OR CARRIER AMONG SMALL EMPLOYERS;

(V)  IS THERE AN INCREASED TREND TO SELF­INSURANCE AMONG SMALL EMPLOYERS SINCE THE ENACTMENT OF THE ACT;

(VI)  WHAT IMPACT HAS THE ACT HAD ON THE COMPETITIVE HEALTH OF THE SMALL INSURANCE MARKET AND HAS IT LEAD TO MARKET CONSOLIDATION; AND

(VII)  HAS THE IMPACT OF THE ACT BEEN DIFFERENT BETWEEN RURAL AND URBAN MARKETS AND WHAT ARE THE IMPLICATIONS OF THE DIFFERENCES.

(c)  THE STUDY SHOULD CAPTURE THE FOLLOWING INFORMATION:

(I)  COLORADO SPECIFIC INFORMATION RELATED TO PRICES AND COSTS OF INSURANCE FOR SMALL EMPLOYERS, AND ANY OTHER INFORMATION NECESSARY FROM INSURANCE PRODUCERS, CARRIERS, OR ANY ENTITY THAT CONTRACTS WITH AN INSURER;

(II)  STUDIES CONDUCTED IN OTHER STATES THAT HAVE EVALUATED THE IMPACT OF REGULATION OF SMALL EMPLOYER HEALTH INSURANCE, INCLUDING THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS' MODEL AND MODIFIED COMMUNITY RATING;

(III)  SURVEY DATA ON SMALL EMPLOYER OPINIONS ABOUT THE CURRENT INSURANCE MARKET RELATED TO SERVICE, COVERAGE ACCESS, PRODUCT CHOICE, AND PRODUCT PRICE; AND

(IV)  INFORMATION FROM THE DIVISION OF INSURANCE THAT RELATES TO SMALL EMPLOYER HEALTH INSURANCE, EXCEPT INFORMATION THAT IS EXEMPT FROM THE OPEN RECORDS LAW, ARTICLE 72 OF TITLE 24, C.R.S.

(d)  IN THE EVENT THAT RESOURCES ARE NOT MADE AVAILABLE TO THE UNIVERSITY OF NORTHERN COLORADO FOR IMPLEMENTATION AND COMPLETION OF THIS STUDY, THE UNIVERSITY OF NORTHERN COLORADO SHALL REPORT SUCH TO THE PRESIDENT OF THE SENATE, MAJORITY LEADER OF THE SENATE, MINORITY LEADER OF THE SENATE, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES, MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, AND CHAIRS OF THE HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES BY AUGUST 15, 1999, AND DISCONTINUE ANY EFFORT TO COMPLETE THE STUDY.

(4)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2000.

SECTION 2.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

Page 1, line 101, strike "INSURANCE, AND, IN CONNECTION" and substitute "INSURANCE.";

strike lines 102 through 104.

Local After consideration on the merits, the committee recommends that SB99-228 be

Government amended as follows and, as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 3, after line 22, insert the following:

"(d)  EFFECTIVE CALENDAR YEAR 2000, THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (4) REGARDING ANNUAL COMPUTATION OF THE SURCHARGE TAX RATE SHALL NO LONGER APPLY AND THE ANNUAL SURCHARGE TAX RATE SHALL BE ESTABLISHED AT 0.22 PERCENT, WITH FIFTY PERCENT OF THE SURCHARGE TAX RATE ALLOCATED TO THE UNEMPLOYMENT COMPENSATION FUND AND FIFTY PERCENT OF THE SURCHARGE TAX RATE ALLOCATED TO THE EMPLOYMENT FUND CREATED UNDER THE PROVISIONS OF SECTION 8-77-109. THE SURCHARGE TAX RATE SHALL THEN BE ADDED TO THE EMPLOYER'S STANDARD OR COMPUTED TAX RATE. THIS TAX RATE ADDED TO THE EMPLOYER TAX RATE SHALL ALSO BE IDENTIFIED SEPARATELY ON THE EMPLOYER TAX RATE NOTICE AS THE TAX SURCHARGE FOR BENEFITS NOT EFFECTIVELY CHARGED. THE COMBINED RATE SHALL BE THE EMPLOYER'S TAX RATE FOR THE ENSUING CALENDAR YEARS. THE SURCHARGE ESTABLISHED BY THIS SUBSECTION (4) SHALL NOT BE ASSESSED AGAINST ANY EMPLOYER WHOSE BENEFIT-CHARGE ACCOUNT BALANCE IS ZERO; EXCEPT THAT, IF THE EMPLOYER IS STILL BEING RATED UNDER THE PROVISIONS OF SECTION 8-76-103 (3) (a), SUCH EMPLOYER IS SUBJECT TO THE SURCHARGE TAX RATE.".

Page 4, line 10, strike "administration" and substitute "administration, INCLUDING INFORMATION TECHNOLOGY INITIATIVES,".

MESSAGE FROM THE HOUSE:

April 15, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1338, 1344, 1349 and 1355.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1068, amended as printed in House Journal, April 14, page 1195;

HB99-1115, amended as printed in House Journal, April 14, pages 1193-1194 and on Third Reading as printed in House Journal April 15;

HB99-1118, amended as printed in House Journal, April 14, pages 1195-1196;

HB99-1146, amended as printed in House Journal, April 14, page 1198;

HB99-1208, amended as printed in House Journal, April 14, page 1196;

HB99-1211, amended as printed in House Journal, April 14, page 1196;

HB99-1222, amended as printed in House Journal, April 14, page 1196;

HB99-1235, amended as printed in House Journal, April 14, page 1194;

HB99-1237, amended as printed in House Journal, April 14, pages 1189-1190;

HB99-1270, amended as printed in House Journal, April 14, page 1189;

HB99-1323, amended as printed in House Journal, April 14, page 1197;

HB99-1333, amended as printed in House Journal, April 14, page 1188;

HB99-1335, amended as printed in House Journal, April 14, page 1197;

HB99-1336, amended as printed in House Journal, April 14, pages 1197-1198;

HB99-1350, amended as printed in House Journal, April 14, page 1194;

HB99-1354, amended as printed in House Journal, April 14, page 1189.


MESSAGE FROM THE REVISOR

April 15, 1999

We herewith transmit:

without comment, HB99-1338, 1344, 1349, and 1355; and,

without comment, as amended, HB99-1068, 1115, 1118, 1146, 1208, 1211, 1222, 1235, 1237, 1270, 1323, 1333, 1335, 1336, 1350, and 1354.



INTRODUCTION OF BILLS--FIRST READING

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

SB 99-231 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning tobacco litigation settlement moneys, and, in connection therewith, replacing the tobacco litigation settlement fund with the tobacco litigation settlement cash fund, creating the tobacco litigation settlement trust fund, and authorizing investment of tobacco litigation settlement moneys held in escrow for the state in accordance with the escrow agreement entered into in connection with the master settlement agreement.

Appropriations

HB 99-1068 by Representative Kester; also Senator Dennis--Concerning offenders sentenced directly to a community corrections program who fail to complete their sentence.

Judiciary

Appropriations

HB 99-1115 by Representative Kaufman; also Senator Wham--Concerning domestic violence.

Judiciary

Appropriations

HB 99-1118 by Representative Johnson; also Senator Teck--Concerning implementation of a public health program to address hepatitis C. and making an appropriation therefor.

Health, Environment, Welfare & Institutions

Appropriations

HB 99-1146 by Representative Keller; also Senator Wham--Concerning implementation of the federal "Adoption and Safe Families Act of 1997", and making an appropriation in connection therewith.

Judiciary

Appropriations

HB 99-1208 by Representative Gordon; also Senator Reeves--Concerning measures to support the multistate tobacco settlement, and making an appropriation in connection therewith.

Business Affairs & Labor

Appropriations

HB 99-1211 by Representatives Kaufman, Tool, Johnson, Bacon, Plant, Saliman, Swenson, Tupa, and Zimmerman; also Senator Phillips--Concerning additional county court judges, and, in connection therewith, creating one new county court judge in each of the counties of Boulder and Larimer, and making an appropriation in connection therewith.

Judiciary

Appropriations

HB 99-1222 by Representative Young; also Senator Musgrave--Concerning augmentation requirements for water well pumping in the Denver basin aquifers.

Agriculture, Natural Resources, and Energy

Appropriations

HB 99-1235 by Representatives Veiga and Grossman; also Senator Wham--Concerning genetic testing of persons convicted of offenses.

Judiciary

Appropriations

HB 99-1237 by Representatives Pfiffner, Young, May, Hefley, Spradley, McElhany, Alexander, Allen, Clapp, Dean, Decker, Fairbank, Johnson, Kester, Larson, Lawrence, Lee, McKay, Mitchell, Nunez, Paschall, Sinclair, Smith, Spence, Stengel, Sullivant, Swenson, Webster, T. Williams, and Witwer; also Senators Andrews, Tebedo, Arnold, Blickensderfer, Congrove, Dyer, Evans, Feeley, Hillman, Lamborn, Musgrave, Owen, Perlmutter, Phillips, Powers, and Teck--Concerning the expansion of the existing modification to Colorado taxable income for capital gains to include capital gains earned on property acquired prior to May 9, 1994.

Finance

Appropriations

HB 99-1270 by Representatives Spradley, Kester, Hefley, Hoppe, May, McElhany, Tapia, and Webster; also Senators Musgrave, Phillips, and Wattenberg--Concerning sellers of manufactured homes, and, in connection therewith, imposing registration, escrow and bonding, and contract requirements upon such sellers, and making an appropriation therefor.

Business Affairs & Labor

Appropriations

HB 99-1323 by Representatives Paschall, Tool, Berry, Dean, Pfiffner, Fairbank, Gotlieb, Hefley, King, Lawrence, Lee, May, McKay, Mitchell, Morrison, Nunez, Sinclair, Spence, Stengel, Swenson, Taylor, Webster, and T. Williams; also Senators Lacy, Powers, Blickensderfer, Andrews, Dennis, Hillman, Musgrave, and Teck--Concerning state excess revenues that are required to be refunded pursuant to section 20 (7) (d) of article X of the state constitution but that are not refunded as required, and making an appropriation in connection therewith.

Finance

Appropriations

HB 99-1333 by Representatives Alexander, Dean, Berry, Chavez, Clarke, Gagliardi, George, Gordon, Larson, Leyba, Mace, Miller, Saliman, Smith, Tapia, Taylor, and Veiga; also Senators Epps and Dyer--Concerning the development of a western slope state military veterans' cemetery, and making an appropriation therefor.

State, Veterans, & Military Affairs

Appropriations

HB 99-1335 by Representatives Swenson and Hagedorn; also Senators Lacy and Powers--Concerning financial incentives for the development of biotechnological activity in Colorado, and, in connection therewith, refunding state revenues in excess of the constitutional limitation on state fiscal year spending by means of a refund of state sales and use tax paid in connection with tangible personal property to be used in Colorado for biotechnological purposes.

Finance

Appropriations

HB 99-1336 by Representatives Scott, Mitchell, Smith, Spradley, Johnson, and Kester; also Senator Evans--Concerning the authorized maturity date for certain securities that collateralize repurchase agreements for legal investments of public funds.

Local Government

HB 99-1338 by Representative Tool; also Senator Dennis--Concerning the enhancement of the credit strength of auxiliary facility enterprise financing by state institutions of higher education.

Education

HB 99-1344 by Representatives King, Fairbank, Johnson, Kester, Larson, Lee, May, Mitchell, Sinclair, Spradley, Swenson, Vigil, Webster, and T. Williams; also Senator Teck--Concerning the calculation of amounts transferred from a life insurer to a beneficiary or policyholder.

Business Affairs & Labor

HB 99-1349 by Representatives George, King, and Witwer; also Senator Teck--Concerning the repeal of the requirement that an architect's license number be included in advertising.

Business Affairs & Labor

HB 99-1350 by Representatives McPherson, Mitchell, Morrison, Stengel, and T. Williams; also Senator Blickensderfer--Concerning representation of criminal defendants by state-funded entities.

Judiciary

HB 99-1354 by Representatives Sinclair, Dean, George, Alexander, Allen, Bacon, Chavez, Clapp, Coleman, Decker, Fairbank, Gotlieb, Hagedorn, Hefley, Hoppe, Johnson, Kaufman, Kester, King, Larson, Lee, Mace, May, McElhany, McKay, Miller, Mitchell, Morrison, Nunez, Paschall, Saliman, Scott, Smith, Spence, Spradley, Stengel, Swenson, Takis, Taylor, Tupa, Veiga, Vigil, Webster, T. Williams, Witwer, and Zimmerman; also Senator Owen--Concerning authorization for a contribution toward the construction of the national world war II memorial, and making an appropriation therefor.

State, Veterans, & Military Affairs

Appropriations

HB 99-1355 by Representatives Taylor, Alexander, George, Gotlieb, Hoppe, Smith, and Young; also Senators Dennis, Blickensderfer, Chlouber, Hillman, Nichol, and Wattenberg--Concerning the creation of an exception to the off-highway vehicle registration requirement for nonresident off-highway vehicles, and, in connection therewith, implementing the nonresident off-highway vehicle permit requirement.

Agriculture, Natural Resources, and Energy

INTRODUCTION OF RESOLUTIONS

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

SJR 99-048 by Senators Teck, Powers, Sullivant, and Feeley; also Representative Swenson--Concerning an interim study of the need to conduct a fiscal study of state and local governments.

Appropriations

SJR 99-049 by Senator Chlouber; also Representatives Coleman, Takis, and Tate--Concerning an interim study of telecommunications issues.

Appropriations

SJR 99-050 by Senator Lamborn; also Representative Spradley--Concerning an interim committee on business personal property tax.

Appropriations

SJR 99-052 by Senators Rupert, Phillips, Dennis, Feeley, Linkhart, Martinez, Matsunaka, Pascoe, Reeves, Sullivant, Tanner, Thiebaut, and Wham--Concerning the creation of an interim committee to study criminal sentencing policies of the state.

Appropriations

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title:

SJR 99-051 by Senator Blickensderfer--Concerning the commendation of the United Veterans Committee of Colorado.

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

April 16.

HJR99-1027 by Representatives Morrison, Alexander, Berry, Chavez, Dean, Gordon, Gotlieb, Hagedorn, Kaufman, Keller, Lawrence, Lee, Leyba, McKay, Plant, Swenson, Tupa, T. Williams, Windels, Witwer, Zimmerman; also Senator Perlmutter--Concerning the declaration of Holocaust awareness week.

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

April 16.

INTRODUCTION OF CONCURRENT RESOLUTION

The following resolution was read by title and referred to the committee indicated:

SCR 99-005 by Senators Rupert and Feeley--Concerning the submission to the registered electors of the state of Colorado of an amendment to articles IV, V, VI, and XII of, and the addition of a new article to, the constitution of the state of Colorado, concerning compensation for state officials, and, in connection therewith, establishing a commission to study on a biennial basis the compensation provided to members of the general assembly, elected officials of the executive branch, and designated judges and justices of the state judicial system and to issue a report that modifies or leaves unchanged such compensation; providing that any modification of such compensation expressed in a report shall have the full force and effect of law unless rejected in its entirety by joint resolution of the general assembly; specifying when such modification shall take effect; and making conforming amendments pertaining to compensation for members of the executive, legislative, and judicial branches of state government.

State, Veterans and Military Affairs

INTRODUCTION OF MEMORIALS

The following memorials were read by title:

SJM 99-003 by Senator Musgrave--Memorializing congress to establish a block grant program for the distribution of federal highway moneys, to use a uniform measure when considering the donor and donee issue, to eliminate demonstration projects, and to expand activities to combat the evasion of federal highway taxes and fees.

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

April 16.

SJM 99-004 by Senator Hillman--Memorializing the United States Congress to repeal the federal unified gift and estate tax.

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

April 16.

SJM 99-005 by Senator Powers--Memorializing the members of the congress of the United States to refrain from enacting any pay increase for members of Congress without an affirmative vote or that takes effect before the following Congress has been elected and fully sworn into office.

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

April 16.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB99­1048

*****************************

THIS REPORT AMENDS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99­1048, concerning limitations on the amount a governmental entity may charge as a result of the late payment of an amount due and owing to such entity, has met and reports that it has agreed upon the following:

1.  That the House accede to the Senate amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 3, line 15, strike "MONTH" and substitute "MONTH, OR FRACTION THEREOF,".

Page 5, line 19, strike "MONTH" and substitute "MONTH, OR FRACTION THEREOF,".

Page 6, strike lines 20 through 26.

Strike page 7.

Page 8, line 10, strike "1 and 2" and substitute "2 and 3";

line 12, strike "The provisions of section 4 of this";

strike lines 13 and 14.

2.  That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendment be recommended:

Amend rerevised bill, page 3, line 2, strike "AND";

line 4, strike "MATERIALS." and substitute "MATERIALS; AND";

after line 4, insert the following:

"(g)  BY A LOCAL LIQUOR LICENSING AUTHORITY PURSUANT TO ARTICLE 47 OF TITLE 12, C.R.S.".

Page 5, line 6, strike "AND";

line 8, strike "MATERIALS." and substitute "MATERIALS; AND";

after line 8, insert the following:

"(g)  BY A LOCAL LIQUOR LICENSING AUTHORITY PURSUANT TO ARTICLE 47 OF TITLE 12, C.R.S.".

Page 6, line 14, after the period, add "THE PROVISIONS OF THIS SUBSECTION (7) RESTRICTING THE CHARGING OF INTEREST SHALL NOT APPLY TO DELINQUENT INTEREST IMPOSED AFTER A TAX LIEN IS SOLD AT A

TAX LIEN SALE PURSUANT TO ARTICLE 11 OF TITLE 39, C.R.S.".

Respectfully submitted,

House Committee: Senate Committee:

(signed) (signed)

Rep. Penn Pfiffner, Chair Sen. Mark Hillman, Chair

Rep. Scott McKay Sen. John Andrews

Rep. Valentin Vigil Sen. Alice Nichol


APPOINTMENTS TO CONFERENCE COMMITTEES

HB 99-1188 by Rep. Coleman; Senator Linkhart--Adoption Procedures

The President appointed Senators Wham, Chairman, Evans and Linkhart as Senate Conferees on the First Conference Committee on HB99-1188.

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

The President appointed Senators Anderson, Chairman, Wham and Feeley as Senate Conferees on the First Conference Committee on HB99-1218.

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

The President appointed Senators Lamborn, Chairman, Hillman and Weddig as Senate Conferees on the First Conference Committee on HB99-1253.

SIGNING OF BILLS

The President has signed: HB99-1037, 1090, 1172, 1256, 1314.


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

April 16, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate