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

101st Legislative Day Friday, April 16, 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, Andrews, Dennis, Lacy, Linkhart, Nichol, Owen, Phillips, Powers, Rupert, Tebedo--Total, 11.

Present later--Andrews, Lacy, Linkhart, Nichol, Phillips, Rupert, Tebedo.

Quorum The President announced a quorum present.

Reading of On motion of Senator Epps, reading of the Journal of April 15th was

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-231; SCR 99-5; SJM 99-3, 4, 5; SJR 99-43, 44,

Services 45, 46, 47, 48, 49, 50, 51, 52.

Correctly enrolled: SB 99-35.

Correctly engrossed: SB 99-173, 203, 219; SJR 99-30.


COMMITTEE OF REFERENCE REPORTS

Health, The Committee on Health, Environment, Welfare and Institutions has had under

Environment, consideration and has had a hearing on the following appointment and recommends that

Welfare and the appointment be confirmed:

Institutions

MEMBERS OF THE CHILDREN'S

BASIC HEALTH PLAN POLICY BOARD

for a term expiring June 30, 2001:

Robert A. Owens of Alamosa, Colorado, to serve as a representative of consumers, appointed.

Health, The Committee on Health, Environment, Welfare and Institutions has had under

Environment, consideration and has had a hearing on the following appointment and recommends that

Welfare and the appointment be confirmed:

Institutions

AIR QUALITY

CONTROL COMMISSION

for a term expiring January 31, 2000:

Douglas R. Lawson of Littleton, Colorado, to serve as a representative with scientific training and experience and as a Republican, appointed;

for terms expiring January 31, 2001:

Robert E. Brady, Jr., of Lakewood, Colorado, to serve as a member with industrial training and experience, and as a Republican;

Stephanie Foote of Denver, Colorado, to serve as a member with technical training and experience, and as a Republican.

David A. Jensen of Littleton, Colorado, to serve as a representative of the public sector and as a Republican, appointed;

for terms expiring January 31, 2002:

Robert H. Lowdermilk of Denver, Colorado, to serve as a representative with industrial training and experience and as a Republican, appointed;

Doug N. Blewitt of Englewood, Colorado, to serve as a representative with technical and industrial training and experience and as an Unaffiliated, appointed;

Cynthia S. Peterson of Littleton, Colorado, to serve as a representative with technical training and experience and as a Democrat, reappointed.

MESSAGE FROM THE HOUSE:

April 15, 1999

Mr. President:

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

SB99-006, as printed in House Journal, April 15, and has repassed the bill as so amended. The bill is returned herewith.

The House has adopted and returns herewith SJR99-020.

The House has adopted and returns herewith SJR99-023.

The House has adopted and returns herewith SJR99-026.

The House has adopted and returns herewith SJR99-027.

The House has adopted and transmits herewith HJR99-1019, as printed in House Journal, March 26, page 966-967, and amended as printed in House Journal, April 15.

The House has adopted and transmits herewith HJR99-1020, as printed in House Journal, March 26, page 968-969, and amended as printed in House Journal, April 15.

The House has adopted and transmits herewith HJR99-1023, as printed in House Journal, March 31, pages 1032-1035.

The House has adopted and transmits herewith HJR99-1031, as printed in House Journal, April 13, pages 1181-1182.

The House has voted to authorize the House conferees on the First Conference Committee on HB99-1097 to consider matters not at issue between the two houses.

INTRODUCTION OF RESOLUTIONS

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

HJR 99-1019 by Representative Young, Berry, Coleman, Gotlieb, Grossman, Hoppe, Johnson, Miller, Plant, Smith, and Spradley; also Senator Wattenberg--Concerning the Species Conservation Eligibility List.

Agriculture, Natural Resources & Energy

HJR 99-1020 by Representatives Hoppe, Smith, Alexander, Berry, Clapp, Kester, Larson, McKay, Miller, Mitchell, Spradley, Taylor, Webster, and T. Williams; also Senators Dennis, Anderson, Arnold, Chlouber, Dyer, Epps, Evans, Hillman, Musgrave, Teck, Wattenberg, and Wham.--Concerning opposition to H.R. 829, the "Colorado Wilderness Act of 1999".

Agriculture, Natural Resources & Energy

HJR 99-1023 by Representatives Miller, Alexander, and Smith; also Senator Chlouber--Concerning the bureau of land management's proposed revisions to the regulations governing the conduct of hardrock mining activities on public lands.

Agriculture, Natural Resources & Energy

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

HJR 99-1031 by Representative Kaufmann; also Senator Lacy--Concerning the 25th anniversary of the Colorado Housing and Finance Authority.

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

April 19.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99­006

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

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 SB99­006, concerning payments for continuing care, 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 4, line 7, strike "THE" and substitute "WITH RESPECT TO AN ENROLLEE RETURNING TO THE LOCATION WHERE THE CONTINUING CARE SERVICES ARE TO BE PROVIDED PURSUANT TO THIS SECTION, THE";

strike lines 25 and 26.

Page 5, strike lines 1 through 4.

Respectfully submitted,

Senate Committee: House Committee:

(Signed) (Signed)

Sen. Dottie Wham, Chair Rep. Steve Tool, Chair

Sen. Peggy Reeves Rep. Lois Tochtrop

Sen. Mary Ellen Epps Rep. Marcy Morrison

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB99­1017

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

THIS REPORT AMENDS THE

REENGROSSED BILL

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

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99­1017, concerning appeals of disputed individual responsibility contracts under the Colorado works program, has met and reports that it has agreed upon the following:

1. That the Senate recede from its amendments made to the bill, as said amendments appear in the rerevised bill.

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

Amend reengrossed bill, page 2, line 25, strike "(a)".

Page 3, strike lines 13 through 26.

Page 4, strike lines 1 and 2.

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Mark Paschall, Chair Sen. Ken Arnold, Chair

Rep. Rob Fairbank Sen. Tom Blickensderfer

Rep. Nolbert D. Chavez Sen. Peggy Reeves

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

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

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
E
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
E
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
E
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
E

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

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

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

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

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
E
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
E
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
E
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
E

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.

______________________________

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.

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, SJR99-051was advanced on the Resolution calendar.

_______________________________

CONSIDERATION OF RESOLUTIONS

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

On motion of Senator Blickensderfer, the Resolution was ADOPTED by the following

roll call vote:

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
E
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
E
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
E
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
E

Epps
Y
Matsunaka
Y
Sullivant
Y

Co-sponsors added: Andrews, Arnold, Chlouber, Congrove, Dyer, Epps, Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Pascoe, Perlmutter, Phillips, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.

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.

On motion of Senator Perlmutter, the Resolution was ADOPTED by the following

roll call vote:

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
E
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
E
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
E
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
E

Epps
Y
Matsunaka
Y
Sullivant
Y

Co-sponsors added: Congrove, Tebedo, Wattenberg, Weddig, Wham..


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

On motion of Senator Chlouber, the Resolution was ADOPTED by the following

roll call vote:

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
E
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
E
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
E
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
E

Epps
Y
Matsunaka
Y
Sullivant
Y

Co-sponsors added: Evans, Reeves, Weddig.

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.

On motion of Senator Hernandez, the Resolution was ADOPTED by the following

roll call vote:

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
E
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
E
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
E
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
E

Epps
Y
Matsunaka
Y
Sullivant
Y

Co-sponsors added: Andrews, Arnold, Blickensderfer, Chlouber, Congrove, Dyer, Epps, Evans, Feeley, Hillman, Lacy, Lamborn, Linkhart, Matsunaka, Musgrave, Nichol, Pascoe, Perlmutter, Phillips, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.

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.

On motion of Senator Feeley, the Resolution was ADOPTED by the following

roll call vote:

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
E
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
E
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
E
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
E

Epps
Y
Matsunaka
Y
Sullivant
Y

Co-sponsors added: Andrews, Arnold, Blickensderfer, Chlouber, Congrove, Dyer, Epps, Evans, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Pascoe, Perlmutter, Phillips, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.

SJR 99-047 by Senator Wattenberg; also Representative Young--Concerning the reestablishment of economic parity.

On motion of Senator Wattenberg, the Resolution was ADOPTED by the following

roll call vote:

YES 21

NO 10

EXCUSED 4

ABSENT 0

Anderson
E
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
N
Hernandez
Y
Owen
E
Teck
Y

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
E
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
N
Rupert
Y
Mr. President
E

Epps
Y
Matsunaka
Y
Sullivant
N

HJR 99-1027 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.

On motion of Senator Perlmutter, the Resolution was ADOPTED by the following

roll call vote:

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
E
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
E
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
E
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
E

Epps
Y
Matsunaka
Y
Sullivant
Y

Co-sponsors added: Andrews, Arnold, Blickensderfer, Chlouber, Congrove, Dyer, Epps, Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Pascoe, Phillips, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.

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

of the for consideration of General Orders and Senator Congrove 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 99-220 by Sen. Lamborn; Rep. Kaufman--Colo Uniform Custodial Trust Act

Amendment No. 1, by Senator Lamborn

Amend printed bill, page 7, line 24, strike "TWENTY THOUSAND" and substitute "THIRTY THOUSAND".

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

HB 99-1280 by Rep. McPherson; Senator Lamborn--Investment Recovery Act

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

SB 99-218 by Sen. Anderson; Rep. Stengel--Property Rights

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

HB 99-1312 by Rep. McElhany; Senator Owen--Electrician Apprentice Ratio

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

HB 99-1010 by Rep. Lawrence; Senator Powers--Authorizing Scratch Lottery Bingo Games

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

HB 99-1031 by Rep. Swenson; Senator Powers--Highway Project Bid Awards

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

HB 99-1319 by Rep. Hoppe; Senator Wattenberg--Livestock Designated Diseases

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

HB 99-1019 by Rep. Morrison; Senator Wham--Colorado Health Care Task Force

Amendment No. 1, Health, Environment, Welfare and Institutions Amendment

(Printed in Senate Journal, March 22, pages 544-545.)

Amendment No. 2, by Senator Linkhart

Amend reengrossed bill, page 6, line 18, strike "AND";

line 20, strike "COVERAGE." and substitute "COVERAGE; AND";

after line 20, insert the following:

"(IX)  COSTS AND BENEFITS OF PROVIDING PREVENTIVE CARE AND EARLY TREATMENT FOR PEOPLE WITH CHRONIC ILLNESSES WHO MAY EVENTUALLY NEED LONG-TERM CARE.".

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

HB 99-1039 by Rep. Clapp; Sen. Hillman--Prospective School Employees

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

HB 99-1132 by Rep. Young; Sen. Hillman--Commercial Feed Law

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

HB 99-1079 by Rep. Hagedorn; Senator Tebedo--Requirements For Digital Signatures

Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment

(Printed in Senate Journal, March 1, pages 377-378.)

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

HB 99-1198 by Rep. Sinclair; Senator Tebedo--Strengthening Financial Svcs Division

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, March 3, page 404.)

Amendment No. 2, by Senator Tebedo and Matsunaka

Amend reengrossed bill, page 7, after line 18, insert the following:

"(e) IF A CONSERVATOR IS APPOINTED, AND IS OTHER THAN THE NATIONAL CREDIT UNION ADMINISTRATION, ANOTHER APPROVED INSURER, OR AN EMPLOYEE OF THE DIVISION OF FINANCIAL SERVICES, THE CONSERVATOR AND ANY ASSISTANTS SHALL PROVIDE A BOND, PAYABLE TO THE CREDIT UNION AND EXECUTED BY A SURETY COMPANY AUTHORIZED TO DO BUSINESS IN THIS STATE, WHICH MEETS WITH THE APPROVAL OF THE FINANCIAL SERVICES BOARD, FOR THE FAITHFUL DISCHARGE OF THEIR DUTIES IN CONNECTION WITH SUCH CONSERVATORSHIP AND THE ACCOUNTING FOR ALL MONEYS COMING INTO THEIR HANDS. THE COST OF SUCH BOND SHALL BE PAID FROM THE ASSETS OF THE CREDIT UNION. SUIT MAY BE MAINTAINED ON SUCH BOND BY ANY PERSON INJURED BY A BREACH OF THE CONDITIONS THEREOF. THIS REQUIREMENT MAY BE DEEMED MET IF THE FINANCIAL SERVICES BOARD DETERMINES THAT THE CREDIT UNION'S FIDELITY BOND COVERS THE CONSERVATOR AND ANY ASSISTANTS.".

Page 12, after line 23, insert the following:

"(e) IF A CONSERVATOR IS APPOINTED, AND IS OTHER THAN THE FEDERAL DEPOSIT INSURANCE CORPORATION, THE OFFICE OF THRIFT SUPERVISION OR ITS SUCCESSORS, OR AN EMPLOYEE OF THE DIVISION OF FINANCIAL SERVICES, THE CONSERVATOR AND ANY ASSISTANTS SHALL PROVIDE A BOND, PAYABLE TO THE ASSOCIATION AND EXECUTED BY A SURETY COMPANY AUTHORIZED TO DO BUSINESS IN THIS STATE, WHICH MEETS WITH THE APPROVAL OF THE FINANCIAL SERVICES BOARD, FOR THE FAITHFUL DISCHARGE OF THEIR DUTIES IN CONNECTION WITH SUCH CONSERVATORSHIP AND THE ACCOUNTING FOR ALL MONEYS COMING INTO THEIR HANDS. THE COST OF SUCH BOND SHALL BE PAID FROM THE ASSETS OF THE ASSOCIATION. SUIT MAY BE MAINTAINED ON SUCH BOND BY ANY PERSON INJURED BY A BREACH OF THE CONDITIONS THEREOF. THIS REQUIREMENT MAY BE DEEMED MET IF THE FINANCIAL SERVICES BOARD DETERMINES THAT THE ASSOCIATION'S FIDELITY BOND COVERS THE CONSERVATOR AND ANY ASSISTANTS.".

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

HB 99-1024 by Rep. Swenson; Senator Arnold--Private Towing Of Aband Vehicles

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

HB 99-1032 by Rep. Tochtrop; Senator Chlouber--Veteran Special Plates For Motorcycles

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

HB 99-1111 by Rep. Alexander; Senator Chlouber--Captive Wildlife & Alt Livestock Bd

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

HB 99-1092 by Rep. Dean; Senator Phillips--CSP Reimbursements To HUTF

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

HB 99-1141 by Rep. T. Williams; Senator Owen--Repeal Insurance Producer Appointments

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

HB 99-1158 by Rep. Morrison; Senator Reeves--Minor Driver's License

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

HB 99-1174 by Rep. Morrison; Sen. Lamborn--State Operated Prevention Programs

Ordered revised 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 Congrove, 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:

HB99-1319, 99-1132, 99-1032, 99-1111, 99-1092, 99-1174 declared passed on Second

Reading.

SB99-220 as amended, HB99-1019 as amended, 99-1079 as amended, 99-1198 as

amended, declared passed on Second Reading.

SB99-218; HB99-1280, 99-1312, 99-1010, 99-1031, 99-1039, 99-1024, 99-1141, 99-1158

laid over until Monday, April 19, retaining their place on the calendar.

CONSIDERATION OF MEMORIALS

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

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

On motion of Senator Hillman, the Memorial was adopted by the following roll call vote:

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
E
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
E
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
E
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
E

Epps
Y
Matsunaka
Y
Sullivant
Y

Co-sponsors added: Arnold, Blickensderfer, Chlouber, Epps, Evans, Musgrave, Sullivant, Teck.

SJM 99-005 by Senator Powers; also Representative Dean--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 until Monday, April 19, retaining its 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 Senate proceeded out of order for Consideration of Governor's Veto.

______________________________

CONSIDERATION OF GOVERNOR'S VETO

SB 99-037 by Sen. Arnold; Rep. Gotlieb--Repeal Ed Clinics & Second Chance Prog

(Governor's Veto Message printed in Senate Journal, March 29, pages 613-614.)

Senator Arnold moved that the Consideration of Governor's Veto of SB99-037 be laid on the table.

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

CONSIDERATION OF CONFERENCE COMMITTEE REPORTS

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

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

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

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

SB 99-011 by Sen. Matsunaka; Rep.Kaufman--Affordable Housing Spec Dist Fee Waiver

Senator Matsunaka moved for the adoption of the First Report of the First Conference

Committee on SB99-011, printed in Senate Journal, April 15, page 812. The motion

was adopted by the following roll call vote:


YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
E
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
E
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
E
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
E

Epps
Y
Matsunaka
Y
Sullivant
Y

The question being "Shall the bill, as amended, pass?" the roll was called with the

following result:

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
E
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
E
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
E
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
E

Epps
Y
Matsunaka
Y
Sullivant
Y

HB 99-1048 by Rep. Pfiffner; Sen. Hillman--Gov Delinquency Charge Regulations

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

COMMITTEE OF REFERENCE REPORTS

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

Environment, referred favorably to the Committee of the Whole: HB99-1330

Welfare and

Institutions

Education The Committee on Education has had under consideration and has had a hearing on the following appointments and recommends that the appointments be confirmed:

UNIVERSITY OF NORTHERN COLORADO

for a term expiring June 30, 1999:

Christine Kadlub of Fort Collins, Colorado, to fill a vacancy occasioned by the resignation of P. Kay Norton, appointed;

for a term expiring June 30, 2001:

Richard Lee Monfort of Greeley, Colorado, to fill a vacancy occasioned by the resignation of Duane C. Farrington, appointed.

Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under

Natural consideration and has had a hearing on the following appointments and recommends

Resources, that the appointments be favorably referred to the Committee on Education:

and Energy

STATE BOARD OF AGRICULTURE

for terms expiring the third Wednesday of January, 2003:

Donald A. Hamstra of Brighton, Colorado;

Jeff Shoemaker of Denver, Colorado.

Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under

Natural consideration and has had a hearing on the following appointments and recommends

Resources, that the appointments be confirmed:

and Energy

STATE AGRICULTURAL COMMISSION

for terms expiring March 1, 2003:

Robert A. Briggs, Jr., of Westminster, Colorado, to serve as a Republican from the First Agricultural District, appointed;

Steven D. Ela of Hotchkiss, Colorado, to serve as a Democrat from the Fourth Agricultural District, appointed.

Penny H. Lewis of Kremmling, Colorado, to serve as a Republican from the Fourth Agricultural District, reappointed;

Daniel C. Webster of Greeley, Colorado, to serve as a Republican and an at-large member, appointed;


Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under

Natural consideration and has had a hearing on the following appointments and recommends

Resources, that the appointments be confirmed:

and Energy

BOARD OF PARKS AND OUTDOOR RECREATION

for a term expiring June 30, 2002:

Edward C. Callaway of Mt. Crested Butte, Colorado, to serve as a representative

of the western region and as a Republican.

Doug Cole of Superior, Colorado, to serve as an at-large member and as a

Republican, appointed.

Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under

Natural consideration and has had a hearing on the following appointments and recommends

Resources, that the appointments be confirmed:

and Energy

GREAT OUTDOORS COLORADO

TRUST FUND

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

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

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

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

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

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

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

Finance After consideration on the merits, the committee recommends that HB99-1246 be

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

Amend reengrossed bill, page 1, line 5, strike "FOR ANY";

strike lines 6 through 10.

Page 2, strike lines 1 through 5 and substitute the following:

"ANY RESIDENT INDIVIDUAL WHO";

line 7, after "INSURANCE", insert "FOR THE INDIVIDUAL OR THE INDIVIDUAL'S SPOUSE";

strike lines 15 through 20 and substitute the following:

"THE CONTRARY, A CREDIT SHALL ONLY BE ALLOWED TO:

(a)  AN INDIVIDUAL FILING A SINGLE RETURN WITH A FEDERAL TAXABLE INCOME OF LESS THAN FIFTY THOUSAND DOLLARS FOR THE TAX YEAR FOR WHICH THE CREDIT IS CLAIMED;

(b)  TWO INDIVIDUALS FILING A JOINT RETURN WITH A FEDERAL TAXABLE INCOME OF LESS THAN FIFTY THOUSAND DOLLARS FOR THE TAX YEAR FOR WHICH THE CREDIT IS CLAIMED IF CLAIMING THE CREDIT FOR ONE POLICY; OR

(c)  TWO INDIVIDUALS FILING A JOINT RETURN WITH A FEDERAL TAXABLE INCOME OF LESS THAN ONE HUNDRED THOUSAND DOLLARS FOR THE TAX YEAR FOR WHICH THE CREDIT IS CLAIMED IF CLAIMING THE CREDIT FOR TWO POLICIES.";

line 23, strike "EXCEED:" and substitute "EXCEED ONE HUNDRED AND FIFTY DOLLARS FOR EACH POLICY FOR WHICH A CREDIT IS CLAIMED PURSUANT TO THIS SECTION.";

strike lines 24 through 26.

Page 3, strike line 1;

strike lines 13 through 26.

Strike page 4.

Page 5, strike lines 1 through 6.

Renumber succeeding section accordingly.

Finance After consideration on the merits, the committee recommends that HB99-1001 be

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

Amend reengrossed bill, page 5, line 16, strike "THROUGH (IV)" and substitute "TO (III)".

Page 6, line 18, after "REVENUES", insert "THAT IS NOT REFUNDED BY ANOTHER METHOD ESTABLISHED BY LAW";

line 19, strike "(a) (I)" and substitute "(2) (a)";

line 20, strike "(5)" and substitute "(7)";

line 24, after "REVENUES", insert "THAT IS NOT REFUNDED BY ANOTHER METHOD ESTABLISHED BY LAW".

Page 7, line 3, strike "(II)" and substitute "(b)";

line 4, strike "SUBPARAGRAPH (I) OF THIS PARAGRAPH (a)" and substitute "PARAGRAPH (a) OF THIS SUBSECTION (2)";

line 8, strike "(b)" and substitute "(3)";

line 11, strike "(I)" and substitute "(a)";

line 14, after "CONSTITUTION", insert "AND THAT ARE NOT REFUNDED BY ANOTHER METHOD ESTABLISHED BY LAW";

line 15, strike "(II)" and substitute "(b)";

line 16, strike "THAT";

line 18, strike "YEAR," and substitute "YEAR AND THAT WERE NOT REFUNDED BY ANOTHER METHOD ESTABLISHED BY LAW";

line 20, strike "(2)" and substitute "(4)".

Page 8, line 2, strike "PARAGRAPH (a) OF SUBSECTION (1)" and substitute "SUBSECTION (2)";

line 7, after "REVENUES", insert "THAT IS NOT REFUNDED BY ANOTHER METHOD ESTABLISHED BY LAW";

line 9, strike "(3)" and substitute "(5)";

line 16, strike "(2)" and substitute "(4)";

line 21, after "STATEWIDE", insert "AND THAT IS NOT REFUNDED BY ANOTHER METHOD ESTABLISHED BY LAW".

Page 9, line 1, after "STATEWIDE" insert "AND THAT IS NOT REFUNDED BY ANOTHER METHOD ESTABLISHED BY LAW";

line 5, strike "(3)" and substitute "(5)";

line 11, strike "STATEWIDE," and substitute "STATEWIDE AND THAT IS NOT REFUNDED BY ANOTHER METHOD ESTABLISHED BY LAW";

line 14, strike "(3)" and substitute "(5)";

line 20, strike "STATEWIDE," and substitute "STATEWIDE AND THAT IS NOT REFUNDED BY ANOTHER METHOD ESTABLISHED BY LAW".

line 22, strike "(4)" and substitute "(6)".

Page 11, line 10, strike "(4)" and substitute "(6)";

line 13, strike "(5)" and substitute "(7)".

Page 12, line 2, strike "39­22­1903." and substitute "39­22­1903 AND THAT IS NOT REFUNDED BY ANOTHER METHOD ESTABLISHED BY LAW.".

Page 14, line 17, strike "(1) (a) OR (3) (a)" and substitute "(2) OR (5) (a)";

line 22, strike "(1) (a) OR (3) (a)" and substitute "(2) OR (5) (a)".

Page 15, line 1, strike "(1) (a) OR (3) (a)" and substitute "(2) OR (5) (a)";

line 3, after "INDIVIDUAL'S", insert "COMBINED TOTAL OF";

line 4, after "INCOME", insert "AND SOCIAL SECURITY BENEFITS EXCLUDED FROM FEDERAL ADJUSTED GROSS INCOME";

line 6, after the first "TO", insert "BE";

line 10, after "INDIVIDUAL'S", insert "COMBINED TOTAL OF";

line 11, after "INCOME", insert "AND SOCIAL SECURITY BENEFITS EXCLUDED FROM FEDERAL ADJUSTED GROSS INCOME";

line 14, after the first "TO", insert "BE";

line 18, after "INDIVIDUAL'S", insert "COMBINED TOTAL OF";

line 19, after "INCOME", insert "AND SOCIAL SECURITY BENEFITS EXCLUDED FROM FEDERAL ADJUSTED GROSS INCOME";

line 22, after the first "TO", insert "BE";

line 26, after "INDIVIDUAL'S", insert "COMBINED TOTAL OF".

Page 16, line 1, after "INCOME", insert "AND SOCIAL SECURITY BENEFITS EXCLUDED FROM FEDERAL ADJUSTED GROSS INCOME";

line 4, after the first "TO", insert "BE";

line 8, after "INDIVIDUAL'S", insert "COMBINED TOTAL OF";

line 9, after "INCOME", insert "AND SOCIAL SECURITY BENEFITS EXCLUDED FROM FEDERAL ADJUSTED GROSS INCOME";

line 16, after "INDIVIDUAL'S", insert "COMBINED TOTAL OF";

line 17, after "INCOME", insert "AND SOCIAL SECURITY BENEFITS EXCLUDED FROM FEDERAL ADJUSTED GROSS INCOME";

line 25, strike "(1) (a) OR (3) (a)" and substitute "(2) OR (5) (a)".

Page 17, line 1, after "INCOME", insert "AND SOCIAL SECURITY BENEFITS EXCLUDED FROM FEDERAL ADJUSTED GROSS INCOME";

line 11, strike "AMOUNT OF INCOME," and substitute "TOTAL AMOUNT OF ADJUSTED GROSS INCOME AND SOCIAL SECURITY BENEFITS EXCLUDED FROM FEDERAL ADJUSTED GROSS INCOME,".

Page 20, after line 21, insert the following:

"(6)  EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (6), IF THE REFUND ALLOWED UNDER THIS SECTION EXCEEDS THE INCOME TAXES OTHERWISE DUE ON THE CLAIMANT'S INCOME, THE AMOUNT OF THE REFUND SHALL BE REFUNDED TO THE CLAIMANT. THE CLAIMANT MAY ELECT TO CARRY FORWARD THE AMOUNT OF THE REFUND NOT USED AS AN OFFSET AGAINST INCOME TAXES OR AS AN OFFSET AGAINST SUBSEQUENT YEARS' INCOME TAX LIABILITY.".

Renumber succeeding subsections accordingly.

Page 22, line 1, strike "(8)" and substitute "(9)";

line 4, strike "(9)" and substitute "(10)".

Page 25, line 10, strike "(8)" and substitute "(9)".

Page 26, line 3, strike "(8)" and substitute "(9)".

MESSAGE FROM THE HOUSE:

April 16, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99- 1367.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99- 1095, amended as printed in House Journal, April 15, page 1243;

HB99-1168, amended as printed in House Journal, April 15, pages 1243-1244 and 1247;

HB99-1260, amended as printed in House Journal, April 15, pages 1245-1246.

MESSAGE FROM THE REVISOR

April 16, 1999

We herewith transmit:

without comment, HB99-1367; and,

without comment, as amended, HB99-1095, 1168, and 1260.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB99­1097

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

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 HB99­1097, concerning election contests for members of the general assembly when the outcome of an election in a legislative district is uncertain, and, in connection therewith, creating a special legislative election procedure, 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 4, strike lines 24 and 25.

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 4, strike " PERSON MAY" and substitute "COMMITTEE ON CREDENTIALS MAY RECOMMEND THAT A PERSON".

Page 4, line 5, strike "IS" and substitute "A CREDENTIALS COMMITTEE RECOMMENDS BE";

line 10, strike "SEATS A MEMBER" and substitute "MAKES A RECOMMENDATION";

line 21, strike "FOR" and substitute "TO MAKE RECOMMENDATIONS ON THE".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Doug Dean, Chair Sen. Tom Blickensderfer, Chair

Rep. Lola Spradley Sen. Patricia Hill Pascoe

Rep. Ken Gordon Sen. Mark Hillman

______________________________

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 Friday, April 16, was laid over until Monday, April 19, retaining its place on the calendar.

______________________________

TRIBUTE -- A POINT OF INTEREST

Honoring Nanci Kadlecek -- by Senator Tanner

On motion of Senator Blickensderfer, the Senate adjourned until 10:00 a.m., Monday,

April 19, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate