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SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

29^th Legislative Day Wednesday, February 3, 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, 31.

Absent/Excused--Blickensderfer, Lacy, Musgrave, Wham--Total, 4.

Present later--Lacy, Musgrave, Wham.

Quorum The President announced a quorum present.

Reading of On motion of Senator Evans, reading of the Journal of February 2^nd was

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

SENATE SERVICES REPORT

Senate Correctly printed: SJR 99-010.

Services

On motion of Senator Chlouber, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of

HJR99-1010.

CONSIDERATION OF RESOLUTION

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.

(Printed in House Journal, February 2, pages 299-300)

(Amended as printed in House Journal, February 2, page 300.)

On motion of Senator Wham, the Resolution was ADOPTED by the following roll call

vote:

YES 33		NO 0		EXCUSED 2		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	E	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

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

COMMITTEE OF REFERENCE REPORTS.

Local After consideration on the merits, the committee recommends that SB99-091 be

Government amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 4, line 7, after "ELECTORS", insert "WHO VOTED TO";

line 20, strike "UNINCORPORATED" AND SUBSTITUTE "UNINCORPORATED, NON- FEDERALLY OWNED".

Page 5, line 23, after "CONSTITUTION.", add "IN ADDITION, THE COUNTY SHALL GIVE PUBLIC NOTICE OF THE ELECTION, THE TIME AND PLACES THEREOF, AND THE MATTERS SUBMITTED TO THE VOTE OF THE ELECTORS. SUCH PUBLIC NOTICE SHALL BE PUBLISHED ONCE A WEEK FOR AT LEAST FOUR WEEKS PRIOR TO THE ELECTION IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY.".

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

Government referred favorably to the Committee on Appropriations: SB99-011

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

Government postponed indefinitely: SB99-107

State, Committee on State Veterans and Military Affairs has had under consideration and has Veterans, had a hearing on the following appointments and recommends that the appointments be and Military confirmed:

Affairs

for terms expiring September 1, 2002:

Ronald M. Lappi of Grand Junction, Colorado to serve as a representative of Colorado municipal employers, reappointed;

Gary E. West of Denver, Colorado to serve as a representative of the business community experienced in personnel, reappointed;

Raymond M. Mitchell of Lakewood, Colorado to serve as a representative of the business community with experience in insurance disability claims, reappointed.

Senate in recess.

Senate reconvened.

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB99-1012

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB99-1005

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB99-169

Finance After consideration on the merits, the committee recommends that SB99-073 be

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

Amend printed bill, page 2, line 4, strike "AND PRIVATE" and substitute "CHARTER";

line 21, strike "AND PRIVATE" and substitute "CHARTER".

Page 1, line 106, strike "AND PRIVATE" and substitute "CHARTER".

Finance After consideration on the merits, the committee recommends that SB99-055 be

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

Amend printed bill, page 3, line 2, strike "STATE OR" and substitute "STATE,";

line 4, strike "INTEREST." and substitute "INTEREST, FOR A CONTRIBUTION THAT IS MADE IN EXCHANGE FOR MONEY, REAL ESTATE, TANGIBLE PERSONAL PROPERTY, OR SERVICES, OR FOR THE PAYMENT OF TUITION OR FEES TO A SCHOOL.";

line 23, strike "CONTRIBUTIONS, OR THE TAXPAYER'S ACTUAL";

strike lines 24 and 25 and substitute the following:

"CONTRIBUTIONS.".

Finance After consideration on the merits, the committee recommends that SB99-128 be

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

Amend printed bill, page 2, strike lines 10 and 11 and substitute the following:

"of this section shall not exceed an aggregate of fifty thousand dollars per qualified property or an amount equal to twenty percent of the aggregate".

On motion of Senator Chlouber, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Wednesday, February 3, was laid over until Thursday, February 4, retaining its place on the calendar.

______________________________

APPOINTMENTS BY THE PRESIDENT

In accordance with Section 2-3-601, C.R.S., the President has appointed Senator Doug Lamborn, Richard Mutzebaugh and Thomas Grimshaw to serve as members of the

Colorado Commission on Uniform State Laws.

_______________________________________

In accordance with the provisions of SJR93-10 and HJR95-1007, the President has

appointed Senator James Congrove as a member of the Colorado State-Local Forum.

________________________________________

In accordance with Section 24-52-102(B), C.R.S., the President has appointed

Senator MaryAnne Tebedo as a member of the Colorado Deferred Compensation

Committee.

_________________________________________

In accordance with Section 17-24-104(II), C.R.S., the President has appointed

Senator James Congrove as a member of the Correctional Industries Advisory Committee.

_________________________________________

In accordance with Section 10-8-505(l)(b), C.R.S., the President has appointed

Senator Mary Ellen Epps as a member of the Board of Directors of the Colorado

Uninsurable Health Insurance Plan (CUHIP).

_________________________________________

In accordance with Section 24-32-1304(2)(c), C.R.S., the President has appointed

Senator Ginette Dennis to serve as a Colorado State Senate member of the Colorado Tourism Board.

_________________________________________

In accordance with Section 23-1-103(1)(b), C.R.S., and with the consent of the Senate

Minority Leader, the President has appointed Senator John Andrews, Senator Kenneth

Arnold and Senator James Dyer as members of the Colorado Commission on Higher

Education (CCHE) Advisory Committee.

_________________________________________

In accordance with Section 24-50-104(3)(a), C.R.S., the President has appointed

Senator Dave Owen as a member of the Total Compensation Advisory Council.

_________________________________________

In accordance with Section 24-52-102(B), C.R.S., the President has appointed

Richard Mutzebaugh as a member of the Colorado Deferred Compensation Committee,

replacing Senator MaryAnne Tebedo.

__________________________________________

In accordance with Section 24-34-2802(a), C.R.S., the President has appointed

Senator John Andrews and Senator Ed Perlmutter as members of the Youth Crime

Prevention and Intervention Board.

__________________________________________

In accordance with Section 26-15-107, C.R.S., the President has appointed

Senator Mary Ellen Epps, Senator John Evans, Senator Doug Linkhart and Senator Dottie Wham as members of the Joint Review committee on the Medically Indigent.

In accordance with Section 12-47.1-1602, C.R.S., the President has appointed

Senator MaryAnne Tebedo as a member of the Local Government Limited Gaming

Impact Advisory Committee.

__________________________________________

In accordance with the Resolution of the Executive Committee of the Colorado

Legislative Council, the President has appointed Senator Mark Hillman as a member

of the Joint Committee on Computer Information Management, replacing Senator Tom

Blickensderfer.

__________________________________________

In accordance with Section 17-24-104(II), C.R.S., and with the consent of the Senate

Minority Leader, the President has appointed Senator Rob Hernandez as a member of the

Correctional Industries Advisory Committee.

__________________________________________

In accordance with Executive Order B 002 99, the President appointed Senator

Mark Hillman and Senator Terry Phillips to serve on the Governor's Task Force on the

Year 2000 Readiness.

__________________________________________

In accordance with the Resolution of the Executive Committee of the Colorado

Legislative Council, the President has appointed Senator Ron Teck to fill the vacancy

on the Joint Legislative Computer Management Committee.

__________________________________________

In accordance with Section 24-30-1701, C.R.S., the President has appointed

Senator James Congrove as a member of the Commission on Information Management.

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

Judiciary After consideration on the merits, the committee recommends that SB99-156 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 3, after "(1)", insert "(a) THE GENERAL ASSEMBLY HEREBY FINDS THAT THE ISSUANCE OF PERMITS TO CARRY CONCEALED WEAPONS AS REQUIRED IN THIS SECTION IS A MATTER OF STATEWIDE CONCERN.";

strike lines 16 and 17 and substitute the following:

"of said application.

(b)  Any such permit ISSUED PURSUANT TO THIS SECTION shall be effective in all areas of the state; EXCEPT THAT A PERMIT ISSUED PURSUANT TO THIS SECTION DOES NOT AUTHORIZE A PERSON TO CARRY A CONCEALED WEAPON INTO ANY OF THE FOLLOWING:

(I)  ANY AREA IN WHICH THE CARRYING OF A WEAPON IS PROHIBITED BY FEDERAL LAW;

(II)  ANY BUILDING THAT HOUSES ANY OFFICE OF STATE OR LOCAL GOVERNMENT, INCLUDING BUT NOT LIMITED TO ANY BUILDING IN WHICH COURT ROOMS ARE LOCATED;

(III)  ANY HIGH SCHOOL, COLLEGE, UNIVERSITY, OR PROFESSIONAL ATHLETIC EVENT THAT DOES NOT INVOLVE THE USE OF WEAPONS;

(IV)  ANY BUILDING IN WHICH ANY EDUCATION PROGRAM, PRESCHOOL THROUGH TWELFTH GRADE, IS CONDUCTED.

(c)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, RESTRICT, OR PROHIBIT IN ANY MANNER THE EXISTING RIGHTS OF ANY PERSON, PROPERTY OWNER, TENANT, EMPLOYER, OR BUSINESS ENTITY TO CONTROL THE POSSESSION OF WEAPONS ON ANY PROPERTY OWNED OR CONTROLLED BY THE PERSON OR BUSINESS ENTITY.".

Page 4, line 1, strike "(2) (b)," and substitute "(2) (b) and (2) (c),";

after line 7, insert the following:

"(c)  A person who, prior to the time of carrying a concealed weapon, has been issued a written permit pursuant to section 18­12­105.1 to carry the weapon by the chief of police of a city or city and county, or the sheriff of a county; EXCEPT THAT IT SHALL BE AN OFFENSE UNDER THIS SECTION IF THE DEFENDANT WAS CARRYING A CONCEALED WEAPON IN ANY OF THE AREAS SPECIFIED IN SECTION 18­12­105.1 (1) (b); or

SECTION 3.  18­12­105.5 (3) (d), Colorado Revised Statutes, is amended to read:

18­12­105.5.  Unlawfully carrying a weapon ­ unlawful possession of weapons ­ school, college, or university grounds. (3)  It shall not be an offense under this section if:

(d)  The person, prior to the time of carrying a concealed weapon, has been issued a written permit pursuant to section 18­12­105.1 to carry the weapon by the chief of police of a city or city and county or the sheriff of a county; EXCEPT THAT IT SHALL BE AN OFFENSE UNDER THIS SECTION IF THE DEFENDANT WAS CARRYING A CONCEALED WEAPON IN ANY OF THE AREAS SPECIFIED IN SECTION 18­12­105.1 (1) (b); or".

Renumber succeeding sections accordingly.

Page 4, line 20, strike "date." and substitute "date ­ applicability. (1)".

Page 5, after line 3, insert the following:

"(2)  The provisions of sections 2 and 3 of this act shall apply to offenses committed on or after the applicable effective date of this act.".

Judiciary After consideration on the merits, the committee recommends that SB99-095 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 22, strike "place a temporary" and substitute "establish a";

strike line 23.

Page 3, strike lines 1 through 15.

Renumber succeeding sections accordingly.

Page 1, line 102, strike "IMPOSING A MORATORIUM ON THE";

strike line 103.

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

Environment, postponed indefinitely: SB99-062

Welfare and

Institutions

SIGNING OF RESOLUTIONS

The President has signed: HJR99-1006 and HJR99-1009.

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

February 4, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate