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

104th Legislative Day Monday, April 19, 1999

Call to By the President at 10:00 a.m.

Order

Prayer By the chaplain, Rabbi Gorden Rubenstein.

Roll Call Present--Total, 34.

Absent/Excused--Lacy--Total, 1.

Present later--Lacy.

Quorum The President announced a quorum present.

Reading of On motion of Senator Evans, reading of the Journal of April 16th was

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

SENATE SERVICES REPORT

Senate Correctly engrossed: SB 99-220.

Services

Correctly revised: HB 99-1019, 1032, 1079, 1092, 1111, 1132, 1174, 1198, 1319.

COMMITTEE OF REFERENCE REPORTS

Finance After consideration on the merits, the committee recommends that HB99-1125 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 6.

Strike pages 2 and 3.

Page 4, strike lines 1 through 4.

Renumber succeeding sections accordingly.

Page 4, strike line 18 and substitute the following:

"(II)  FOR INCOME TAX YEARS COMMENCING PRIOR TO JANUARY 1, 2000, the amount to".

Page 5, strike line 1 and substitute the following:

"(III)  FOR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2000, THE AMOUNT TO BE";

strike lines 17 through 26.

Page 6, strike lines 1 through 20.

Renumber succeeding section accordingly.

Finance After consideration on the merits, the committee recommends that HB99-1137 be

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

Amend reengrossed bill, page 1, strike line 7.

Page 2, strike lines 1 through 9 and substitute the following:

"(j)  FOR INCOME TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 2000, AN";

line 14, strike "TWO THOUSAND THREE" and substitute "ONE THOUSAND TWO";

line 18, strike "FOUR THOUSAND SIX" and substitute "TWO THOUSAND FOUR";

strike lines 22 through 26.

Strike page 3.

Page 4, strike lines 1 through 14.

Renumber succeeding section accordingly.

Finance After consideration on the merits, the committee recommends that HB99-1009 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 12.

Strike page 2.

Page 3, strike lines 1 through 10.

Renumber succeeding sections accordingly.

Page 4, strike lines 2 through 15 and substitute the following:

"39­26­114.  Exemptions ­ disputes ­ credits or refunds. (17)  ALL SALES OF PRECIOUS METAL BULLION AND COINS, AS DEFINED IN SECTION 39­26­102 (2.6) AND (6.5).";

strike lines 21 through 26 and substitute the following:

"(bb)  TO THE STORAGE, USE, OR CONSUMPTION OF PRECIOUS METAL BULLION AND COINS, AS DEFINED IN SECTION 39­26­102 (2.6) AND (6.5).".

Strike page 5.

Page 6, strike lines 1 through 11.

Renumber succeeding sections accordingly.

Page 6, line 13, strike "January 1, 2000." and substitute "July 1, 1999.".

MESSAGE FROM THE HOUSE:

April 16, 1999

Mr. President:

The House has adopted and returns herewith SJR99-051.



INTRODUCTION OF BILLS--FIRST READING

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

HB 99-1095 by Representative Tupa; also Senator Arnold--Concerning the prohibition of drugs associated with drug-induced rape.

Judiciary

Appropriations

HB 99-1168 by Representative Kaufman; also Senator Wham--Concerning substantive changes for the strengthening of the criminal laws.

Judiciary

Appropriations

HB 99-1260 by Representative Tool; also Senator Anderson--Concerning strengthening of the criminal laws concerning sex offenders.

Judiciary

Appropriations

HB 99-1367 by Representative Young; also Senator Musgrave--Concerning the size factor used in calculating total program funding for certain small school districts that adopt plans of reorganization that result in deconsolidation of the school districts.

Education

Appropriations

MESSAGE FROM THE GOVERNOR

April 15, 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 - 021 - Concerning the Requirement that Each County Adopt Official Written Policies For its Colorado Works Program

Approved April 15, 1999 at 2:06 p.m.

S.B. 99 - 050 - Concerning Sentencing Considerations for Certain Serious Offenders.

Approved April 15, 1999 at 2:16 p.m.

S. B. 99 - 74 - Concerning the Child Care Voluntary Contribution Program, and, in Connection therewith, Extending the Program for a Period of Ten Years and Modifying the Terms of Members of the Child Care Improvement Oversight Committee.

Approved April 15, 1999 at 2:12 p.m.

S.B. 99 - 109 - Concerning Prohibited Activities in Connection With Real Estate Brokerage Relationships.

Approved April 15, 1999 at 2:13 p.m.

S.B. 99 - 114 - Concerning the Payment for Health Benefits Plans With Pre-Tax Dollars for Small Employers.

Approved April 15, 1999 at 2:14 p.m.

S.B. 99 - 123 - Concerning the Payment of Insurance Claims to Third Persons Holding Assignments From Insureds.

Approved April 15, 1999 at 2:15 p.m.

S.B. 99 - 129 - Concerning the Authority of Public Transportation Entities to Appoint Fare Inspectors to Enforce the Statutory Provision Proscribing Theft of Public Transportation Services By Fare Evasion.

Approved April 15, 1999 at 2:23 p.m.

S.B. 99 - 140 - Concerning the Administration of Fire Safety by the Division of Fire Safety in the Department of Public Safety, and in Connection Therewith, Continuing the Fire Safety Advisory Board and Changing the Name Thereof to the Fire Service Training and Certification Advisory Board.

Approved April 15, 1999 at 2:30 p.m.

S.B. 99 - 141 - Concerning Treatment of Insureds by Health Care Providers, and, in Connection Therewith, Allowing Specialists to Have a Standing Referral for Treatment of an Insured and Requiring Providers to Disclose that the Insured May Seek a Second Opinion After Benefits Have Been Denied.

Approved April 15, 1999 at 2:16 p.m.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/15/99 4:19 p.m.

P. Dicks, Secretary

MESSAGE FROM THE GOVERNOR

April 16, 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 - 043 - Concerning the Award of Costs in Actions For Nuisance Against Agricultural Operations.

Approved April 16, 1999 at 1:22 p.m.

S.B. 99 - 090- Concerning Benefits of the Public Employees' Retirement Association, and, In Connection Therewith, Authorizing Affiliated Employers to Obtain health Care Coverage for employees, Increasing the Amount of matching Employer contributions Paid by the Association, and Providing Matching Employer Contributions to Tax-Deferred Retirement Programs.

Approved April 16, 1999 at 1:23 p.m.

S.B. 99 - 174 - Concerning Limitations on the Disclosure of Information By the Department of Revenue.

Approved April 16, 1999 at 1:38 p.m.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/16/99 3:48 p.m.

P. Dicks, Secretary

THIRD READING OF BILLS--FINAL PASSAGE

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

HB 99-1012 by Rep. McKay; Senator Andrews --Adjust Res Real Prop Assessment Ratio

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

YES 34

NO 0

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
E
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

HB 99-1325 by Rep. George; Senator Powers--Transportation RANs

Laid over until Wednesday, April 21, retaining its place on the calendar.

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

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

YES 34

NO 0

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
E
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Chlouber, Dyer, Musgrave, Tebedo.

SB 99-220 by Sen. Lamborn; Rep. Kaufman--Colo Uniform Custodial Trust Act

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

YES 21

NO 13

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
N
Nichol
N
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
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
Y

Dyer
Y
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
Y

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

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

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

YES 34

NO 0

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
E
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

Co-sponsors added: Chlouber, Musgrave.

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

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: Linkhart, Nichol, Reeves, Tanner, Weddig.

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

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: Powers, Wattenberg.

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

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: Matsunaka, Nichol.

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

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

YES 34

NO 0

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
E
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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


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

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: Congrove, Dyer, Epps, Evans, Hernandez, Hillman, Martinez, Musgrave, Nichol, Owen, Powers, Tebedo.

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

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

YES 34

NO 0

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
E
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

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

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

YES 34

NO 0

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
E
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

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

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-sponsor added: Weddig.

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

of the for consideration of General Orders and Senator Teck 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:

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

Laid over until Tuesday, April 20, retaining its place on the calendar.

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

Amendment No. 1, by Senator Perlmutter and Matsunaka

Amend printed bill, page 8, after line 7, insert the following:

"(c)  REGIONAL PLANNING PURSUANT TO LOCAL LAW, REGULATION, POLICY, OR REQUIREMENT BY LOCAL GOVERNMENTS TO STOP URBAN SPRAWL.".

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

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

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

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

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

The following bills on the General Orders calendar of Monday, April 19, were laid over until Tuesday, April 20, retaining their place on the calendar:

HB99-1031, 99-1039, 99-1024, 99-1141, 99-1158; SB99-124.

ROLL CALL VOTE ON SB99-218

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

Call of Call of Senate.

Senate

Call Raised.

On motion of Senator Feeley, the President ordered a roll call vote on SB99-218.

YES 19

NO 16

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
N
Tebedo
Y

Arnold
Y
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
Y

Dyer
N
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
N

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Teck, the Report of the Committee of the Whole, as amended, was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:

HB99-1312, 99-1010 declared passed on Second Reading.

SB99-218 as amended, declared passed on Second Reading.

HB99-1280, 99-1031, 99-1039, 99-1024, 99-1141, 99-1158; SB99-124 laid over until Tuesday, April 20, retaining their place on the calendar.

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of House amendments to Senate bills.

______________________________

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS

SB 99-099 by Sen. Anderson; Rep. Taylor--Real Estate Division And Commission

Laid over until Tuesday, April 20, retaining its place on the calendar.

SB 99-155 by Sen. Blickensderfer; Rep. McPherson--Labor Lockout Unemployment Benefits

Senator Blickensderfer moved that the Senate concur in House amendments to

SB99-155, as printed in House Journal, March 12, page 766. The motion was adopted

by the following roll call vote:

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

Call of Call of Senate.

Senate

Call Raised.

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

following roll call vote:

YES 20

NO 15

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
N
Tebedo
Y

Arnold
Y
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
Y

Dyer
N
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
Y

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





CONFERENCE COMMITTEE GRANTED FURTHER POWERS

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

Senator Wham moved that the Senate Conferees on the First Conference Committee on HB99-1188 be given the powers to go beyond the scope of the differences between the two Houses.

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

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Monday, April 19, was laid over until Tuesday, April 20, retaining its place on the calendar.

______________________________

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

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

Affairs referred favorably to the Committee of the Whole: HB99-1342

and Labor

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

Affairs referred favorably to the Committee of the Whole: SB99-224

and Labor

Business After consideration on the merits, the committee recommends that SB99-223 be

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

and Labor favorable recommendation:

Amend printed bill, page 2, line 6, strike "DEPARTMENT OF PERSONNEL" and substitute "STATE PERSONNEL DIRECTOR".

Business After consideration on the merits, the committee recommends that SB99-222 be

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

and Labor favorable recommendation:

Amend printed bill, page 3, line 12, strike "(1)  A HOSPITAL ENTERPRISE'S LIABILITY FOR";

strike lines 13 and 14.

Renumber succeeding subsections accordingly.

Page 4, line 11, strike "DEVICES" and substitute "DEVICES, AS APPROPRIATE,";

line 20, strike "(2)" and substitute "(1)".

Business The Committee on Business Affairs and Labor has had under consideration and has had a Affairs hearing on the following appointments and recommends that the appointments be

and Labor confirmed:

COLORADO LIMITED GAMING

CONTROL COMMISSION

for a term expiring July 1, 2002:

Natalie Meyer of Denver, Colorado, to serve as a representative of business management from the First Congressional District and a Republican, appointed.

MESSAGE FROM THE HOUSE:

April 19, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1102, amended as printed in House Journal, April 16, page 1292;

HB99-1116, amended as printed in House Journal, April 16, pages 1293-1294;

HB99-1223, amended as printed in House Journal, April 16, page 1294;

HB99-1340, amended as printed in House Journal, April 16, page 1297;

SB99-004, amended as printed in House Journal, April 16, page 1292.

The House has passed on Third Reading and returns herewith SB99-206.

MESSAGE FROM THE REVISOR

April 19, 1999

We herewith transmit:

without comment, as amended, HB99-1102, 1116, 1223, 1340, and SB99-004.

INTRODUCTION OF BILLS--FIRST READING

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

HB 99-1102 by Representative Young; also Senator Teck--Concerning encouragement of private-sector telecommunications investment by providing incentives for the public sector to serve as "anchor tenant", and making an appropriation therefor.

Business Affairs & Labor

Appropriations

HB 99-1116 by Representatives Keller, Alexander, and Paschall; also Senators Arnold, Linkhart, and Wham--Concerning the provision of services to children whose mental illness places them at risk of out-of-home placement, and making an appropriation in connection therewith.

Health, Environment, Welfare & Institutions

Appropriations

HB 99-1223 by Representative Lawrence; also Senator Wham--Concerning the employment of persons in positions involving direct contact with vulnerable persons, and making an appropriation in connection therewith.

Judiciary

Appropriations

HB 99-1340 by Representatives Witwer and Clarke; also Senator Sullivant--Concerning the investigation of the possible harmful health effects of nonionizing radiation from electromagnetic sources.

Business Affairs & Labor

MESSAGES FROM THE GOVERNOR

Appoint- Letters of designation and appointment from Governor Owens were read and assigned to

ments Committee as follows:

May 11, 1998

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

COAL MINE BOARD OF EXAMINERS

for a term expiring July 1, 2000:

Trent A. Peterson of Marvel, Colorado, to serve as a engineer experienced in coal mining and to fill a vacancy occasioned by the resignation of James R. Hake, appointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 5/18/98

P. Dicks, Assistant Secretary

April 15, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

I intend to continue the appointment of the following individual as a Member of the Coal Mine Board of Examiners:

Trent A. Peterson of Marvel, Colorado.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/15/99

P. Dicks, Secretary

Committee on Agriculture, Natural Resources and Energy

April 15, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

COLORADO WATER RESOURCES

AND POWER DEVELOPMENT AUTHORITY

for terms expiring October 1, 2002:

Richard S. Pryor of Grand Junction, Colorado, to serve as a representative from the main Colorado Drainage Basin and as a Republican, appointed;

Steven C. Harris of Durango, Colorado, to serve as a representative from the San Miguel-Dolores-San Juan Drainage Basin experienced in the planning and developing of water projects and as a Democrat, appointed;

Jack P. Kuntz of Center, Colorado, to serve as a representative from the Rio Grande Drainage Basin, as a farmer, and as a Democrat, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/15/99

P. Dicks, Secretary

Committee on Agriculture, Natural Resources and Energy

MESSAGE FROM THE GOVERNOR

April 16, 1999

The Honorable Colorado Senate

Sixty-second General Assembly

First Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I am writing to inform you that I have allowed Senate Bill 99-106, "Concerning a Prohibition of Hazing," to become law without my signature. This letter explains the reasons for my doing so.

I believe strongly in protecting young adults from the sometimes excessive and harmful behaviors that they inflict on one another during peer activities. Existing statutes already provide sanctions against reckless endangerment and assault and are sufficient to address hazing activities that cause serious bodily harm to an individual. Adding redundant laws will not necessarily deter hazing behavior, but only add pages to the statute books.

However, because I agree with protecting young adults and my concerns with this bill do not rise to the occasion of a veto, I will not stand in the way of letting Senate Bill 99-106 become law.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/16/99 3:48 p.m.

P. Dicks, Secretary

MESSAGE FROM THE GOVERNOR

April 16, 1999

To the Honorable Colorado Senate

Sixty-second General Assembly

First Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I am filing with the Secretary of State Senate Bill 99-168, "Concerning the Augmentation of Colorado Employment Discrimination Laws by Making Harassment an Unfair Employment Practice During the Course of Employment." As of this date, I have neither signed nor vetoed the bill. This letter sets forth my reasoning for letting the bill become law without my signature.

Senate Bill 168 makes work place harassment illegal conduct and an unfair employment practice. The protected categories of individuals remain the same. Previously prohibited employment practices also remain on the books.

Let me be perfectly clear: I believe strongly in and fully support efforts to eliminate racial, ethnic and gender discrimination, as well as harassment, from the work place. While there is no doubt that some individuals still face discrimination, we, as Americans, should take pride in our nation's continued progress to judge people on the content or their character, rather than race, color, creed or gender.

Senate Bill 168 is very well intentioned, but I am concerned that it may inadvertently cause more problems that it is intended to solve. For instance, I am not sufficiently convinced that the bill provides a clear definition of "harassment." Without clearly defining "harassment" from "annoying" or "pestering," some employees may be wrongly accused of harassment. Furthermore, while ensuring that all citizens have equality before the law, we must not impose unduly burdensome laws and regulations on the hundreds of thousands of Colorado small businesses and entrepreneurs that are so vital to creating new jobs, more wealth and expanded opportunity for millions of Coloradans. I am concerned that Senate Bill 99-168 may not achieve this balance as well as could be done.

However, because I am opposed to discrimination and harassment in the work place and my concerns with this bill do not rise to the occasion of a veto, I will not stand in the way of letting Senate Bill 99-168 become law.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 4/16/99 3:48 p.m.

P. Dicks, Secretary

TRIBUTES -- A POINT OF INTEREST

Memorializing Leo "Hoss" Trujillo -- by Senator Thiebaut

Memorializing Rose A. Zupan -- by Senator Thiebaut

Honoring Shirley Henson-Hiler -- by Senator Thiebaut

On motion of Senator Dennis, the Senate adjourned until 9:00 a.m., Tuesday,

April 20, 1999.

Approved:


Ray Powers

President of the Senate


Attest:

Patricia K. Dicks

Secretary of the Senate