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
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
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:
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
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
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
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
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