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SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
105th Legislative Day Tuesday, April 20,
1999
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Rabbi Gorden Rubinstein.
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 19th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
_________________________
On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 36(c) was suspended for Consideration of Governor's appointment.
_________________________
CONSIDERATION OF GOVERNOR'S APPOINTMENT
On motion of Senator Anderson, the following Governor's
appointment was confirmed by a roll call vote:
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.
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 |
SENATE SERVICES REPORT
Senate Correctly enrolled: SB 99-205, 215; also SJR 99-22, 24, 27, 28.
Services
Correctly engrossed: SB 99-218.
Correctly revised: HB 99-1010, 1312.
MESSAGE FROM THE GOVERNOR
April 19, 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 - 044 - Concerning
the Distribution of Vinous Liquors at Wine Festival Permit.
Approved April 19,
1999 at 4:06 p.m.
S.B. 99 - 137 - Concerning
the Authority of Licensed Pet Animal Facilities Over Animals in
Their Care.
Approved April 19, 1999 at 3:24 p.m.
S.B. 99 - 142 - Concerning
the Regulation of Nursing Home Administrators, and, in Connection
Therewith, Continuing the Board of Examiners of Nursing Home Administrators.
Approved April 19, 1999 at 3:25 p.m.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 4/19/99 4:52 p.m.
P. Dicks, Secretary
SIGNING OF BILLS
The President has signed: SB99-35, 205.
The President has signed: HB99-1063, 1228.
__________________________
On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SB99-124, 99-223, 99-222, 99-224 were made Special Orders at 9:15 a.m.
__________________________
Committee The hour of 9:15 a.m. having arrived, Senator Epps moved that the Senate resolve
of the itself into Committee of the Whole for consideration of Special Orders and Senator
Whole Epps was called to the Chair to act as Chairman.
SPECIAL ORDERS--SECOND READING OF BILLS--9:15
A. M.
The Committee of the Whole having risen, the Chairman
reported that the following bills, reading at length having been
dispensed with by unanimous consent, had been considered and action
taken thereon as follows:
SB 99-124 by Sen. Owen; Rep. McElhany--Small Group
Health Insurance
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, April 15, pages 828-830.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
SB 99-223 by Sen. Wham; Rep. Kaufman--Performance
Evaluation Disputes
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, April 19, page 864.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-222 by Sen. Blickensderfer; Rep. Dean--Y2K
Hospital Enterprises
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, April 19, page 864.)
As amended, laid over until Wednesday, April 21,
retaining its place on the calendar.
SB 99-224 by Sen. Blickensderfer; Rep. George--Ownership
Lim Repeal Nonprofit Health
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Epps, the Report of the Committee
of the Whole was adopted and, a majority of all members elected
having voted in the affirmative, the following action was taken:
SB99-224 declared passed on Second Reading.
SB99-124 as amended, 99-223 as amended, declared passed on Second Reading.
SB99-222 as amended, laid over until the General
Orders calendar, Wednesday, April 21, retaining its place on
the calendar.
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 99-218 by Sen. Anderson; Rep. Stengel--Property
Rights
Call of Call of Senate.
Senate
Call Raised.
The question being "Shall the bill pass?" the roll was called with the following result:
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 |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Andrews, Congrove, Epps, Evans,
Hillman, Lamborn, Musgrave, Owen, Tebedo.
HB 99-1312 by Rep. McElhany; Senator Owen--Electrician
Apprentice Ratio
The question being "Shall the bill pass?" the roll was called with the following result:
YES 19 | NO 16 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | N | 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 | N | Lacy | Y | 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.
Co-sponsors added: Congrove, Hillman, Powers.
HB 99-1010 by Rep. Lawrence; Senator Powers--Authorizing
Scratch Lottery Bingo Games
The question being "Shall the bill pass?" the roll was called with the following result:
YES 18 | NO 17 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | N | Tanner | Y |
Andrews | Y | Feeley | N | Nichol | Y | Tebedo | N |
Arnold | N | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | N | Pascoe | N | Thiebaut | N |
Chlouber | Y | Lacy | N | Perlmutter | Y | Wattenberg | N |
Congrove | N | Lamborn | N | Phillips | Y | Weddig | N |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | N |
Dyer | Y | Martinez | N | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | N | Sullivant | N |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
Co-sponsor added: Chlouber.
______________________________
On motion of Senator Feeley, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Tuesday, April 20, was laid over until Wednesday, April 21, retaining its place on the calendar.
______________________________
Senate in recess.
Senate reconvened.
COMMITTEE OF REFERENCE REPORTS
Judiciary The Committee on Judiciary has had under
consideration and has had a hearing on the following appointment
and recommends that the appointment be confirmed:
effective April 5, 1999, for a term expiring July
1, 1999:
Donald D. Alders of Denver, Colorado, to serve
as a parole or probation officer and to fill a vacancy occasioned
by the resignation of Saul Trujillo, appointed.
Judiciary After consideration on the merits, the
committee recommends that the following be postponed indefinitely:
SCR99-004
Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Senate for final action: SJR99-013
Business After consideration on the merits, the committee recommends that the following be
Affairs postponed indefinitely: HB99-1287
and Labor
Business After consideration on the merits, the committee recommends that HB99-1208 be
Affairs amended as follows and, as so amended, be referred to the Committee on Appropriations
and Labor with favorable recommendation:
Amend reengrossed bill, page 6, line 11, strike "CIGARETTES
ANYWHERE" and substitute "ANYWHERE CIGARETTES".
Page 7, line 10, strike "TO" and substitute
"THROUGH";
strike line 17, and substitute the following:
"STATE ON CONTAINERS OF ROLLYOUROWN
TOBACCO, AND ON PACKS OF".
Page 8, line 8, strike "IN THE CALENDAR YEAR
1999";
line 9, strike "SECTION;" and substitute
"PART 2;".
Business After consideration on the merits, the committee recommends that HB99-1270 be
Affairs amended as follows and, as so amended, be referred to the Committee on Appropriations
and Labor with favorable recommendation:
Amend reengrossed bill, page 5, line 17, after "HUNDRED",
insert "FIFTY".
Page 6, line 14, strike "1" and substitute
"61".
Page 8, line 15, strike "ATTORNEY GENERAL."
and substitute "DIVISION OF HOUSING.".
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of
the Whole: SCR99-001
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of
the Whole: HB99-1247
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of
the Whole: HB99-1203
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of
the Whole: HB99-1181
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of
the Whole: HB99-1179
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of
the Whole: HB99-1088
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of
the Whole: HB99-1206
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of
the Whole: HB99-1030
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of
the Whole: HB99-1250
Approp- After consideration on the merits, the committee recommends that the following be
riations postponed indefinitely:
HB99-1004
Approp- After consideration on the merits, the committee recommends that the following be
riations postponed indefinitely:
HB99-1087
Judiciary After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee on Appropriations: HB99-1068
Judiciary After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee on Appropriations: HB99-1211
Judiciary After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee on Appropriations: HB99-1146
MESSAGE FROM THE HOUSE:
April 20, 1999
Mr. President:
The House has passed on Third Reading and transmitted
to the Revisor of Statutes HB99-1366.
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1359, amended as printed in House Journal, April 19, page 1319;
HB99-1368, amended as printed in House Journal, April 19, page 1319;
HB99-1370, amended as printed in House Journal, April
19, page 1320.
MESSAGE FROM THE HOUSE:
April 20, 1999
Mr. President:
The House has adopted the First Report of the First Conference Committee on
SB99-025, as printed in House Journal, April 20,
and has repassed the bill as so amended. The bill is returned
herewith.
The House has adopted the First Report of the First Conference Committee on
SB99-143, as printed in House Journal, April 20,
and has repassed the bill as so amended. The bill is returned
herewith.
The House has voted to concur in the Senate amendments
to HB99-1234 and has repassed the bill as so amended.
MESSAGE FROM THE REVISOR
We herewith transmit:
without comment, HB99-1366; and,
without comment, as amended, HB99-1359, 1368, and
1370.
SIGNING OF BILLS
The President has signed: HB99-1056 and 1127.
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON SB99-025
*****************************
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 SB99-025,
concerning an adjustment of certain time requirements affecting
elections, has met and reports that it has agreed upon the following:
1. That the Senate accede to the House
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 rerevised bill, page 10, strike lines 1 through
7 and substitute the following:
"political party holding the caucus, assembly,
or convention for at least two months as shown on the registration
books of the county clerk and recorder; except that any registered
elector who has attained the age of eighteen years or who has
become a naturalized citizen during the two months immediately
preceding the meeting may vote at any caucus, assembly, or convention
even though the elector has been affiliated with the political
party for less than two months.".
Respectfully submitted,
Senate Committee: House Committee:
(Signed) (Signed)
Sen. Ginette Dennis, Chair Rep. Steve Johnson, Chair
Sen. Mark Hillman Rep. Tambor Williams
Sen. Peggy Reeves
Rep. Jennifer Veiga
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON SB99143
*****************************
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 SB99143,
concerning amendments to the "Colorado Consumer Protection
Act", and, in connection therewith, limiting the class of
potential plaintiffs to consumers of a defendant's goods, services,
or property, restructuring the noneconomic damages provisions,
and reorganizing provisions for clarity, 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 3, strike lines 1 through
4, and substitute the following:
"(III) THREE TIMES THE AMOUNT OF ACTUAL DAMAGES
SUSTAINED, IF IT IS ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE
THAT SUCH PERSON ENGAGED IN BAD FAITH CONDUCT; PLUS";
after line 7, insert the following:
"(2.3) AS USED IN SUBSECTION (2) OF THIS SECTION, "BAD FAITH CONDUCT" MEANS FRAUDULENT, WILLFUL, KNOWING, OR INTENTIONAL CONDUCT THAT CAUSES INJURY.".
Page 36, line 1, strike "commenced" and
substitute "filed".
Respectfully submitted,
Senate Committee: House Committee:
(Signed) (Signed)
Sen. Dave Wattenberg, Chair Rep. William Kaufman, Chair
Sen. Ken Chlouber Rep. Gary McPherson
Sen. Ed Perlmutter
Rep. Jennifer Veiga
TRIBUTES -- A POINT OF INTEREST
Honoring Dr. John Redifer -- by Senator Teck; also
Representatives Berry and Smith
Honoring Donald E. Cook, M.D. -- by Senators Weddig,
Thiebaut, Blickensderfer, Owen and Epps
On motion of Senator Dyer, the Senate adjourned until
9:00 a.m., Wednesday, April 21, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate