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SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
28th Legislative Day Tuesday, February
2, 1999
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Reverend Dr. Marjorie Lewis,
New Hope Baptist Church of Denver
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 February 1st was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly engrossed: SB 99-6, 22, 101, 113, 122, 135, 136, 139.
Services
Correctly revised: HB 99-1043.
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 99-022 by Sen. Wham--Access To OB/GYN Medical
Care
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 | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | Y |
Arnold | Y | Grampsas | Y | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | Y | Owen | Y | Thiebaut | Y |
Chlouber | Y | Hillman | Y | Pascoe | Y | Wattenberg | Y |
Congrove | Y | Lacy | E | Perlmutter | Y | Weddig | Y |
Dennis | Y | Lamborn | Y | Phillips | Y | Wham | Y |
Dyer | Y | Linkhart | Y | Reeves | Y | Mr. President |
Y |
Epps | Y | Martinez | Y | Rupert | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Hernandez, Linkhart, Rupert,
Thiebaut.
SB 99-113 by Sen. Wattenberg; Rep. Lawrence--Civil
Rights Commission Responsibilities
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 | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | Y |
Arnold | Y | Grampsas | Y | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | Y | Owen | Y | Thiebaut | Y |
Chlouber | Y | Hillman | Y | Pascoe | Y | Wattenberg | Y |
Congrove | Y | Lacy | E | Perlmutter | Y | Weddig | Y |
Dennis | Y | Lamborn | Y | Phillips | Y | Wham | Y |
Dyer | Y | Linkhart | Y | Reeves | Y | Mr. President |
Y |
Epps | Y | Martinez | Y | Rupert | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Hernandez, Martinez, Nichol, Pascoe, Reeves, Rupert, Thiebaut
SB 99-069 by Sen. Arnold; Rep. Johnson--Business
Group Of One Health Coverage
Laid over until Friday, February 5, retaining its
place on the calendar.
SB 99-006 by Sen. Wham; Rep. Tool--Payments Allowing
Return To Home
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | Y |
Arnold | Y | Grampsas | Y | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | Y | Owen | Y | Thiebaut | Y |
Chlouber | Y | Hillman | Y | Pascoe | Y | Wattenberg | Y |
Congrove | Y | Lacy | Y | Perlmutter | Y | Weddig | Y |
Dennis | Y | Lamborn | Y | Phillips | Y | Wham | Y |
Dyer | Y | Linkhart | Y | Reeves | Y | Mr. President |
Y |
Epps | Y | Martinez | Y | Rupert | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Andrews, Linkhart
SB 99-122 by Sen. Chlouber; Rep. Young--Colorado
Seed Act
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 |
ABSENT 0 | ||||
Anderson | Y |
Evans | Y | Matsunaka | Y | Tanner |
Y |
Andrews | Y |
Feeley | Y | Musgrave | Y | Tebedo |
Y |
Arnold | Y | Grampsas | Y | Nichol |
Y | Teck | Y |
Blickensderfer | Y | Hernandez | Y |
Owen | Y | Thiebaut | Y |
Chlouber | Y |
Hillman | Y | Pascoe | Y | Wattenberg |
Y |
Congrove | Y |
Lacy | Y | Perlmutter | Y | Weddig |
Y |
Dennis | Y | Lamborn | Y | Phillips |
Y | Wham | Y |
Dyer | Y | Linkhart | Y | Reeves |
Y | Mr. President |
Y |
Epps | Y | Martinez | Y | Rupert |
Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Hernandez, Powers
SB 99-136 by Sen. Dennis; Rep. Young--Colorado Natural
Areas Council
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | Y |
Arnold | Y | Grampsas | Y | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | Y | Owen | Y | Thiebaut | Y |
Chlouber | Y | Hillman | Y | Pascoe | Y | Wattenberg | Y |
Congrove | Y | Lacy | Y | Perlmutter | Y | Weddig | Y |
Dennis | Y | Lamborn | Y | Phillips | Y | Wham | Y |
Dyer | Y | Linkhart | Y | Reeves | Y | Mr. President |
Y |
Epps | Y | Martinez | Y | Rupert | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
SB 99-139 by Sen. Pascoe; Rep. Allen--Lawrelated
Education Advisory Board
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | Y |
Arnold | Y | Grampsas | Y | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | Y | Owen | Y | Thiebaut | Y |
Chlouber | Y | Hillman | Y | Pascoe | Y | Wattenberg | Y |
Congrove | Y | Lacy | Y | Perlmutter | Y | Weddig | Y |
Dennis | Y | Lamborn | Y | Phillips | Y | Wham | Y |
Dyer | Y | Linkhart | Y | Reeves | Y | Mr. President |
Y |
Epps | Y | Martinez | Y | Rupert | Y |
SB 99-139 A majority of all members elected to the Senate having voted in the affirmative, the bill
(Cont.) was declared PASSED.
HB 99-1043 by Rep. Tool; Senator Wattenberg--CSU
Vet Program Fees
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 2 | EXCUSED 0 |
ABSENT 0 | ||||
Anderson | Y |
Evans | Y | Matsunaka | Y | Tanner |
Y |
Andrews | Y |
Feeley | Y | Musgrave | Y | Tebedo |
Y |
Arnold | Y | Grampsas | Y | Nichol |
Y | Teck | Y |
Blickensderfer | Y | Hernandez | Y |
Owen | Y | Thiebaut | N |
Chlouber | Y |
Hillman | Y | Pascoe | N | Wattenberg |
Y |
Congrove | Y |
Lacy | Y | Perlmutter | Y | Weddig |
Y |
Dennis | Y | Lamborn | Y | Phillips |
Y | Wham | Y |
Dyer | Y | Linkhart | Y | Reeves |
Y | Mr. President |
Y |
Epps | Y | Martinez | Y | Rupert |
Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Arnold, Blickensderfer, Chlouber,
Dyer, Matsunaka, Reeves, Wham
SB 99-101 by Sen. Evans; Rep. Young--Fiduciaries
Grant Conserv Easements
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | Y |
Arnold | Y | Grampsas | Y | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | Y | Owen | Y | Thiebaut | Y |
Chlouber | Y | Hillman | Y | Pascoe | Y | Wattenberg | Y |
Congrove | Y | Lacy | Y | Perlmutter | Y | Weddig | Y |
Dennis | Y | Lamborn | Y | Phillips | Y | Wham | Y |
Dyer | Y | Linkhart | Y | Reeves | Y | Mr. President |
Y |
Epps | Y | Martinez | Y | Rupert | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Andrews, Feeley, Matsunaka,
Owen, Pascoe, Rupert
SB 99-135 by Sen. Teck; Rep. Hoppe--Ins Continuing
Ed Advisory Committee
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | Y |
Arnold | Y | Grampsas | Y | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | Y | Owen | Y | Thiebaut | Y |
Chlouber | Y | Hillman | Y | Pascoe | Y | Wattenberg | Y |
Congrove | Y | Lacy | Y | Perlmutter | Y | Weddig | Y |
Dennis | Y | Lamborn | Y | Phillips | Y | Wham | Y |
Dyer | Y | Linkhart | Y | Reeves | Y | Mr. President |
Y |
Epps | Y | Martinez | Y | Rupert | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Committee On motion of Senator Wham, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Wham was called to the Chair to act
Whole as Chairman.
GENERAL ORDERS--SECOND READING OF BILL
The Committee of the Whole having risen, the Chairman
reported that the following bill, reading at length having been
dispensed with by unanimous consent, had been considered and action
taken thereon as follows:
SB 99-057 by Sen. Dennis; Rep. Mitchell--Telecom
Prices & Audits
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, January 21, pages 86-87.)
As amended, laid over until Wednesday, February 3,
retaining its place on the calendar.
The following bills on the General Orders calendar of Tuesday, February 2, were laid over
until Wednesday, February 3, retaining their place
on the calendar:
SB99-041, 99-109, 99-094, 99-112, 99-167, 99-052,
99-142, 99-014.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Wham, 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:
SB99-057, as amended, 99-041, 99-109, 99-094, 99-112,
99-167, 99-052, 99-142, 99-014, laid over until Wednesday, February
3, retaining their place on the calendar.
MESSAGE FROM THE HOUSE
February 2, 1999
Mr. President:
The House has adopted and transmits herewith HJR99-1010, as printed in House Journal,
February 2, and amended as printed in House Journal,
February 2, 1999.
Senate in recess.
Senate reconvened.
MESSAGE FROM THE HOUSE
February 2, 1999
Mr. President:
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1071, 1108 and 1149.
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1010, amended as printed in House Journal, February 1, pages 287-288;
HB99-1077, amended as printed in House Journal, February 1, page 286;
HB99-1087, amended as printed in House Journal, February 1, page 286;
HB99-1123, amended as printed in House Journal, February 1, page 287;
HB99-1156, amended as printed in House Journal, February 1, page 286;
HB99-1172, amended as printed in House Journal, February 1, pages 286-287;
HB99-1189, amended as printed in House Journal, February 1, page 287.
MESSAGE FROM THE REVISOR
February 2, 1999
We herewith transmit:
without comment, HB99-1071, 1108, and 1149; and,
without comment, as amended, HB99-1010, 1077, 1087,
1123, 1156, 1172, and 1189.
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
HB 99-1010 by Representative Lawrence; also Senator Powers--Concerning the authorization of the state lottery division to conduct instant scratch lotteries based upon the game of chance commonly known as bingo.
Finance
Appropriations
HB 99-1071 by Representative Witwer; also Senator Grampsas--Concerning the granting of immunity to licensed physicians from civil liability while performing volunteer work.
Judiciary
HB 99-1077 by Representatives Taylor and Pfiffner; also Senators Reeves, Linkhart and Powers--Concerning the creation of a statewide system for tracking employment claims against the state for the purpose of risk management, and, in connection therewith, establishing a pilot program for the purpose of developing such a system.
Business Affairs & Labor
HB 99-1087 by Representative Decker; also Senator Evans--Concerning certain substances used to manufacture controlled substances.
Judiciary
HB 99-1108 by Representatives Miller and Taylor; also Senator Wattenberg--Concerning the permanent extension of the increased threshold for the tonnage exemption for coal from the severance tax.
Agriculture, Natural Resources, and Energy
HB 99-1123 by Representatives Webster, Johnson, Kaufman, and Young; also Senator Chlouber--Concerning the consent of the board of directors of a water conservancy district before annexed land is included within the boundaries of that water conservancy district.
Agriculture, Natural Resources, and Energy
HB 99-1149 by Representative Windels; also Senator Wattenberg--Concerning the reduction of the minimum dimensions of a department of transportation survey plat that may be filed with a county clerk and recorder.
Local Government
HB 99-1156 by Representatives Lee, Paschall, and Hagedorn; also Senator Andrews--Concerning a restorative justice program in the juvenile justice system.
Judiciary
Appropriations
HB 99-1172 by Representative Tool; also Senator Wham--Concerning criminal cases in which the defendant raises his or her mental state as a defense.
Judiciary
HB 99-1189 by Representatives May, Alexander, Allen, Berry, Clapp, Dean, Decker, Fairbank, Hefley, Johnson, Kester, King, Larson, Lee, McElhany, McKay, McPherson, Mitchell, Morrison, Nunez, Paschall, Pfiffner, Sinclair, Smith, Spence, Stengel, Swenson, Webster, T. Williams, Witwer, and Young; also Senators Andrews, Arnold, Congrove, Epps, Hillman, and Tebedo--Concerning a prohibition on the expenditure of public moneys for the purpose of collecting political funds.
State, Veterans, & Military Affairs
INTRODUCTION OF RESOLUTIONS
SJR 99-010 by Senators Arnold, Anderson, Lamborn, Pascoe, Powers, Reeves, Tebedo, and Wham; also Representatives Gotlieb, Alexander, Johnson, McPherson, Miller, and Paschall--Concerning the Colorado General Assembly's opposition to any federal legislation that would mandate participation by state and local government employees in the federal social security system.
State, Veterans, and Military Affairs
HJR 99-1010 by Representatives Gotlieb and Dean;
also Senator Wham--Congratulating the Denver Broncos in the achievement
of their second consecutive Super Bowl victory and extending congratulation
therefor.
Laid over one day under Senate Rule 30(e), and placed
on the calendar of February 3rd.
SIGNING OF RESOLUTION
The President has signed: HJR99-1008.
On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Wednesday,
February 3, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate