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SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
34th Legislative Day Monday, February
8, 1999
Call to By the President at 10:00 a.m.
Order
Prayer By the chaplain, Rev. Arlyn Tolzmann, Holy
Cross Lutheran Church, Wheat Ridge.
Roll Call Present--Total, 31.
Absent/Excused--Evans, Grampsas, Linkhart, Tebedo--Total, 4.
Present later--Evans, Linkhart.
Quorum The President announced a quorum present.
Reading of On motion of Senator Hillman, reading of the Journal of February 5th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
COMMITTEE OF REFERENCE REPORTS
Finance After consideration on the merits, the committee recommends that SB99-126 be
amended as follows and, as so amended, be referred
to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 3, strike lines 12 through 26.
Page 4, strike lines 1 through 18 and substitute the following:
"SECTION 2. Appropriation. In addition
to any other appropriation, there is hereby appropriated, out
of any moneys in the general fund not otherwise appropriated,
to the department of revenue, for the fiscal year beginning July
1, 1999, the sum of seventy-three thousand six hundred ninety-eight
dollars ($73,698), or so much thereof as may be necessary, for
the implementation of this act.".
Renumber succeeding section accordingly.
Page 1, line 104, strike "RATE." and substitute "RATE,
AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".
Finance After consideration on the merits, the committee recommends that SB99-134 be
amended as follows and, as so amended, be referred
to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 3, after line 24, insert the following:
"SECTION 2. 2482702 (1),
Colorado Revised Statutes, is amended to read:
2482702. Leasepurchase agreements
report to the general assembly. (1) If
the director determines that the state will realize economic or
other benefits by revising or replacing existing leasepurchase
agreements, or by entering into additional leasepurchase
agreements, or by combining all or any portion of existing or
additional leasepurchase agreements authorized by appropriations
made by the general assembly, the director may develop a master
lease program and execute such agreements. THE FINANCING OF SUCH
AGREEMENTS SHALL COMPLY WITH SECTION 2436119. Any
additional leasepurchase agreement executed by the director
pursuant to this part 7 may include personal property which is
the subject of an existing leasepurchase agreement or personal
property for which an appropriation has been made by the general
assembly for the fiscal year commencing July 1, 1987, and any
fiscal year thereafter. An additional leasepurchase agreement
executed by the director pursuant to this part 7 may include real
property only if the initial acquisition of such property by means
of a leasepurchase agreement was specifically authorized
by a separate bill enacted by the general assembly pursuant to
section 2482102 (1) (b). For the purposes of this
subsection (1), appropriations made by the general assembly do
not include continuing appropriations made by permanent statute.".
Renumber succeeding section accordingly.
MESSAGE FROM THE HOUSE:
February 5, 1999
Mr. President:
The House has adopted and transmits herewith HJR99-1004,
as printed in House Journal, January 15, pages 114-121.
The House has adopted and transmits herewith HJR99-1005,
as printed in House Journal, January 15, pages 121-127.
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
SB 99-175 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of agriculture.
Appropriations
SB 99-176 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of corrections.
Appropriations
SB 99-177 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of education.
Appropriations
SB 99-178 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the offices of the governor, lt. governor, and state planning and budgeting.
Appropriations
SB 99-179 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of health care policy and finance.
Appropriations
SB 99-180 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of human services.
Appropriations
SB 99-181 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the judicial department.
Appropriations
SB 99-182 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of labor and employment.
Appropriations
SB 99-183 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of law.
Appropriations
SB 99-184 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the legislative department.
Appropriations
SB 99-185 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of Local Affairs.
Appropriations
SB 99-186 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of military affairs.
Appropriations
SB 99-187 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of natural resources.
Appropriations
SB 99-188 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of personnel.
Appropriations
SB 99-189 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of public health and environment.
Appropriations
SB 99-190 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of public safety.
Appropriations
SB 99-191 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of regulatory agencies.
Appropriations
SB 99-192 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of revenue.
Appropriations
SB 99-193 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of state.
Appropriations
SB 99-194 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of transportation.
Appropriations
SB 99-195 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning a supplemental appropriation to the department of the treasury.
Appropriations
SB 99-196 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning supplemental appropriations to capital construction.
Appropriations
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title and
referred to the committee indicated:
HJR 99-1004 by Representative Young; also Senator Wattenberg--Concerning additions and modifications to the Water Pollution Control Revolving Fund eligibility list.
Agriculture, Natural Resources & Energy
HJR 99-1005 by Representative Young; also Senator Wattenberg--Concerning additions and modifications to the drinking water revolving fund eligibility list.
Agriculture, Natural Resources & Energy
SENATE SERVICES REPORT
Senate Correctly printed: SB 99-174, 175, 176, 177, 178, 179, 180, 181, 182, 183,
Services 184, 185, 186, 187, 188, 189, 190, 191,
192, 193, 194, 195, 196.
Correctly engrossed: SB 99-41, 109, 112, 142, 167.
Correctly revised: HB 99-1005, 1012.
THIRD READING OF BILLS--FINAL PASSAGE
On Third Reading, the title of the following bills
were publicly read, the reading at length having been dispensed
with by unanimous consent:
SB 99-041 by Sen. Dyer; Rep. Swenson--Bicycle Traffic
Regulations
The question being "Shall the bill pass?"
the roll was called with the following result:
YES 29 | NO 4 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | E |
Arnold | Y | Grampsas | E | Nichol | N | 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 | N |
Dennis | Y | Lamborn | Y | Phillips | Y | Wham | N |
Dyer | Y | Linkhart | Y | Reeves | Y | Mr. President |
Y |
Epps | N | 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, Chlouber, Dennis,
Hernandez, Linkhart, Pascoe, Phillips, Reeves, Rupert.
SB 99-112 by Senator Hernandez; also Representative
Johnson--Concerning the regulation of dogs.
The question being "Shall the bill pass?"
the roll was called with the following result:
YES 32 | NO 1 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | E |
Arnold | Y | Grampsas | E | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | Y | Owen | Y | Thiebaut | Y |
Chlouber | Y | Hillman | N | 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 99-167 by Sen. Perlmutter; Rep. Smith--Public
Trustee Foreclosure Sales
The question being "Shall the bill pass?"
the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | E |
Arnold | Y | Grampsas | E | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | Y | Owen | Y | Thiebaut | Y |
Chlouber | Y | Hillman | N | 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 99-142 by Sen. Evans; Rep. Mitchell--Nursing Home
Administrators Board
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | E |
Arnold | Y | Grampsas | E | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | Y | Owen | Y | Thiebaut | Y |
Chlouber | Y | Hillman | N | 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: Powers, Rupert.
HB 99-1012 by Rep. McKay; Senator Andrews --Adjust
Res Real Prop Assessment Ratio
Laid over until Tuesday, February 9, retaining its
place on the calendar.
HB 99-1005 by Rep. Larson; Senator Chlouber--Direct
Payment Of Sales & Use Tax
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | E |
Arnold | Y | Grampsas | E | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | Y | Owen | Y | Thiebaut | Y |
Chlouber | Y | Hillman | N | 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, Reeves.
SB 99-109 by Sen. Teck; Rep. McElhany--Real Estate
Brokerage Relationships
A majority of those elected to the Senate having voted in the affirmative, Senator Teck
was given permission to offer a third reading
amendment.
Third Reading Amendment No. 1, by Senator Teck
Amend engrossed bill, page 3, line 15, strike "AN AMOUNT
EQUAL TO" and substitute "THE COURT MAY AWARD AN AMOUNT
UP TO".
A majority of all members elected to the Senate having voted in the affirmative, the
amendment was adopted.
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
|
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | E |
Arnold | Y | Grampsas | E | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | Y | Owen | Y | Thiebaut | Y |
Chlouber | Y | Hillman | N | 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,
as amended, was declared PASSED.
Committee On motion of Senator Lacy, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Lacy 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 99-094 by Sen. Feeley--Government Fiscal Data
Sharing
Laid over until Tuesday, February 9, retaining its
place on the calendar.
SB 99-091 by Sen. Hillman--County Land Use Regulation
Referendum
Laid over until Tuesday, February 9, retaining its
place on the calendar.
SB 99-057 by Sen. Dennis; Rep. Mitchell--Telecom Prices & Audits
(Amended in General Orders as printed in Senate
Journal, February 2, page 154.)
Amendment No. 1, by Senator Dennis
Amend the committee amendment, as printed in Senate Journal, January
21, page 86, strike lines 65 through 72.
Page 87, strike lines 1 through 4, and substitute the following:
"Page 2, line 8, strike "confidentiality."
and substitute "confidentiality of information obtained
through audit.";
strike lines 24 through 26.
Page 3, strike lines 1 through 7, and substitute the following:
"(2) (a) EXCEPT AS OTHERWISE PROVIDED IN
PARAGRAPH (b) OF THIS SUBSECTION (2), ALL INFORMATION, DOCUMENTS,
AND COPIES THEREOF PROVIDED TO THE COMMISSION, A COMMISSIONER,
OR ANY PERSON EMPLOYED BY THE COMMISSION IN CONNECTION WITH AN
AUDIT, WHETHER SUCH AUDIT IS CONDUCTED PURSUANT TO THIS SECTION
OR PURSUANT TO ANY OTHER AUTHORITY GRANTED TO THE COMMISSION BY
LAW, SHALL BE GIVEN CONFIDENTIAL TREATMENT AND SHALL NOT BE MADE
PUBLIC BY THE COMMISSION OR ANY OTHER PERSON WITHOUT EITHER:
(I) THE PRIOR WRITTEN CONSENT OF THE PERSON PROVIDING
SUCH INFORMATION, DOCUMENTS, OR COPIES; OR
(II) A COURT ORDER ISSUED PURSUANT TO SECTION 2472204
(5), C.R.S.
(b) (I) THIS SUBSECTION (2) SHALL NOT BE CONSTRUED
TO SHIELD FROM DISCLOSURE INFORMATION, DOCUMENTS, AND COPIES THEREOF
THAT ARE IN THE COMMISSION'S POSSESSION THROUGH THE EXERCISE OF
THE COMMISSION'S AUDIT AUTHORITY AND THAT ARE OTHERWISE SUBJECT
TO DISCLOSURE UNDER THE COLORADO OPEN RECORDS LAW, PART 2 OF ARTICLE
72 OF TITLE 24, C.R.S.
(II) REPORTS THAT ARE REQUIRED TO BE PROVIDED TO THE
COMMISSION ON A NONCONFIDENTIAL BASIS PURSUANT TO STATUTES OR
RULES THAT WERE EFFECTIVE ON OR BEFORE JANUARY 1, 1999, OR PURSUANT
TO ORDERS OR DECISIONS OF THE COMMISSION ISSUED ON OR BEFORE JANUARY
1, 1999, SHALL CONTINUE TO BE PROVIDED ON A NONCONFIDENTIAL BASIS.
THE COMMISSION MAY CONSIDER WHETHER TO CHANGE THE STATUS OF REPORTS
PROVIDED TO IT ON A NONCONFIDENTIAL BASIS.".";
Page 87, line 12 of the committee amendment, change the last period
to a semicolon;
after line 12, insert the following:
"line 25, strike "(1) and (3)," and substitute
"(1),";
line 26, strike "are" and substitute "is".";
line 19 of the committee amendment, strike "after line 21,
insert" and substitute "strike lines 22 through 24,
and substitute".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-052 by Sen. Congrove; Rep. King--Charter School
Revisions
Laid over until Tuesday, February 9, retaining its
place on the calendar.
SB 99-014 by Sen. Lamborn; Rep. McElhany--Preempt
Local Minimum Wage Laws
Laid over until Tuesday, February 9, retaining its
place on the calendar.
SB 99-156 by Sen. Musgrave; Rep. McKay--Carrying
Concealed Weapons
Laid over until Monday, February 15, retaining its
place on the calendar.
SB 99-131 by Sen. Wham; Rep. Kaufman--Continuing
YOS
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, February 4, page 164.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-111 by Sen. Hillman; Rep. Kester--Req County
Approval To Release Rodents
Amendment No. 1, by Senator Hillman
Amend printed bill, page 2, line 9, strike "PETS." and
substitute "PETS; OR";
after line 9, insert the following:
"(d) RELEASING DESTRUCTIVE RODENT PESTS INTO THE
COUNTY IN WHICH SUCH DESTRUCTIVE RODENT PESTS WERE ORIGINALLY
TAKEN INTO CAPTIVITY.".
As amended, 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 Lacy, 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:
SB99-57, as amended, 99-131, as amended, 99-111, as amended, declared passed on
Second Reading.
SB99-94, 99-91, 99-52, 99-14, laid over until Tuesday, February 9, retaining their place
on the calendar.
SB99-156 laid over until Monday, February 15, retaining
its place on the calendar.
COMMITTEE OF REFERENCE
REPORTS
State, After consideration on the merits, the committee recommends that SB99-140 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend printed bill, page 3, line 21, after "TWO" insert
"NONVOTING";
line 26, after "BOARD", insert "MEMBERS APPOINTED
BY THE GOVERNOR".
Page 4, line 21, before "firefighter", insert "VOLUNTARY".
Page 6, line 10, before "FIREFIGHTER", insert "VOLUNTARY".
State, After consideration on the merits, the committee recommends that SB99-161 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend printed bill, page 2, line 5, after "A" insert
"FORENSIC";
line 7, after "TESTS." insert the following:
"IF THE TEST INDICATES THE PRESENCE OF SUCH SUBSTANCES OR
OF ALCOHOL AT SUCH LEVEL, IT SHALL BE PRESUMED THAT THE EMPLOYEE
WAS INTOXICATED AND THAT THE INJURY WAS DUE TO SUCH INTOXICATION.
THIS PRESUMPTION MAY BE OVERCOME BY CLEAR AND CONVINCING EVIDENCE.".
State, After consideration on the merits, the committee recommends that SB99-025 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend printed bill, page 10, line 15, strike "TWENTY"
and substitute "THIRTY".
Page 11, strike lines 4 through 14 and substitute the following:
"precinct committee persons. Any person eighteen years of
age or older may be a candidate for the office of precinct committee
person if he or she has been a resident of the precinct for thirty
days and has been affiliated with the political party holding
the precinct caucus for a period of at least two months preceding
the date of the precinct caucus; except that any person who has
attained the age of eighteen years or who has become a naturalized
citizen during the two months immediately preceding the precinct
caucus may be a candidate for the office of precinct committee
person even though he or she has been affiliated with the political
party for less than two months as shown on the registration book
of the county clerk and recorder. The two people receiving the
highest".
Page 14, line 22, after "filed.", insert "THIS
ACCEPTANCE MAY BE TRANSMITTED BY FACSIMILE TRANSMISSION. IF THE
ACCEPTANCE IS TRANSMITTED BY FACSIMILE TRANSMISSION, THE ORIGINAL
ACCEPTANCE MUST ALSO BE FILED AND POSTMARKED NO LATER THAN TEN
DAYS AFTER THE ADJOURNMENT OF THE ASSEMBLY.".
Page 16, strike lines 2 through 10 and substitute the following:
"to the caucus, and has been affiliated with the political
party holding the caucus 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 during the two months immediately preceding the caucus or
any registered elector who has become a naturalized citizen during
the two months immediately preceding the caucus may be a delegate
even though the elector has been affiliated with the political
party for less than two months as shown on the registration books
of the county clerk and recorder. A delegate who moves from the";
line 25, strike "FIVE" and substitute "FOUR";
line 26, after "assembly.", insert the following:
"CERTIFICATES OF DESIGNATION MAY BE TRANSMITTED BY FACSIMILE
TRANSMISSION, HOWEVER THE ORIGINAL CERTIFICATE MUST ALSO BE FILED
AND POSTMARKED NO LATER THAN TEN DAYS AFTER THE ADJOURNMENT OF
THE ASSEMBLY.".
Page 17, line 13, after "convention.", insert the following:
"THE DECLINATION MAY BE TRANSMITTED BY FACSIMILE TRANSMISSION
NO LATER THAN FOUR DAYS AFTER THE ADJOURNMENT OF THE CONVENTION.
IF THE DECLINATION IS TRANSMITTED BY FACSIMILE TRANSMISSION,
THE ORIGINAL DECLINATION MUST ALSO BE FILED AND POSTMARKED NO
LATER THAN TEN DAYS AFTER THE ADJOURNMENT OF THE CONVENTION.".
Page 18, strike lines 16 through 24.
Renumber succeeding sections accordingly.
Page 24, line 20, strike "141102" and substitute
"141102 (1)";
strike lines 25 and 26.
Page 25, strike lines 1 through 3.
Page 26, strike lines 19 through 26.
Renumber succeeding sections accordingly.
Page 29, line 2, after "mail", insert ", FACSIMILE
TRANSMISSION";
line 4, strike "FIVE" and substitute "FOUR";
line 6, after "section." insert the following:
"IF THE ACCEPTANCE IS TRANSMITTED TO THE DESIGNATED ELECTION
OFFICIAL BY FACSIMILE TRANSMISSION, THE ORIGINAL ACCEPTANCE MUST
ALSO BE FILED AND POSTMARKED NO LATER THAN TEN BUSINESS DAYS AFTER
THE FILING OF THE CERTIFICATE OF DESIGNATION REQUIRED UNDER SUBSECTION
(3) OF THIS SECTION.".
Page 32, line 18, strike "and" and substitute
"or".
Page 33, strike lines 3 through 26.
Strike page 34.
Page 35, strike lines 1 through 8.
Renumber succeeding sections accordingly.
Page 35, line 15, strike "shall MAY"
and substitute "shall".
Page 38, strike lines 5 through 9 and substitute the following:
"(5) IF, BY ONE HUNDRED DAYS BEFORE THE ELECTION,
A POLITICAL SUBDIVISION HAS TAKEN FORMAL ACTION TO PARTICIPATE
IN A GENERAL ELECTION OR OTHER ELECTION THAT WILL BE COORDINATED
BY THE COUNTY CLERK AND RECORDER, THE POLITICAL SUBDIVISION SHALL
NOTIFY THE COUNTY CLERK AND RECORDER.".
State, After consideration on the merits, the committee recommends that SB99-133 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend printed bill, page 1, line 5, after "of",
insert "Real";
line 7, after "(1)", insert "(a)";
line 8, after "A", insert "REAL";
line 9, strike "ANY POWERS INCLUDING, BUT";
strike line 10.
Page 2, strike line 1 and substitute the following:
"REGULATORY OR POLICE POWER; EXCEPT THAT THIS ARTICLE SHALL
NOT APPLY IN CASES ARISING UNDER THE EMINENT DOMAIN STATUTES,
ARTICLES 1 TO 7 OF THIS TITLE.
(b) THIS ARTICLE SHALL NOT BE CONSTRUED TO APPLY TO
ANY PROCEEDING COMMENCED BY THE PUBLIC UTILITIES COMMISSION OF
THE STATE OF COLORADO FOR THE PURPOSE OF REVOKING, SUSPENDING,
MODIFYING, ALTERING, OR AMENDING ANY LICENSE, REGISTRATION, CERTIFICATE,
PERMIT, CERTIFICATE OF AUTHORITY, CERTIFICATE TO BUSINESS, OR
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY ISSUED BY THE
COMMISSION OR IMPOSING A MONETARY FINE OR PENALTY UPON A HOLDER
THEREOF.";
line 18, after "A", insert "REAL".
Page 3, line 6, after "constitutional", insert "real".
Page 1, line 102, after "CONSTITUTIONAL", insert "REAL".
Trans- After consideration on the merits, the committee recommends that SB99-117 be
portation amended as follows and, as so amended, be referred to the Committee on Appropriations
with favorable recommendation:
Amend printed bill, page 2, line 2, strike "25-7-106.8 (2)
and (3)," and substitute "25-7-106.8 (1) (b), (2), and
(3),";
line 5, strike "(2) There" and substitute the following:
"(1) As used in this section, unless the context
otherwise requires:
(b) "Clean fuel vehicle" means a vehicle
in a class or category of vehicles, operating on an alternative
fuel as defined in paragraph (a) of this subsection (1), which
has been certified to meet for any model year the clean fuel vehicle
standards in the federal act, as may be amended from time to time,
applicable for that model year to clean fuel vehicles in that
class or category. TO QUALIFY UNDER THIS PARAGRAPH (b), SUCH CERTIFICATION
MUST BE ISSUED BY THE FEDERAL GOVERNMENT OR BY A STATE AUTHORIZED
UNDER THE FEDERAL ACT TO CERTIFY VEHICLES TO TAILPIPE STANDARDS
THAT ARE AT LEAST AS STRINGENT AS THE CLEAN FUEL VEHICLE STANDARDS
IN THE FEDERAL ACT.
(2) There";
line 14, strike "OZONE," and substitute "OZONE
AND OZONE PRECURSORS,".
Page 4, line 7, strike "OZONE," and substitute "OZONE
AND OZONE PRECURSORS,".
Page 6, after line 14, insert the following:
"SECTION 2. Appropriation. In addition to any other
appropriation, there is hereby appropriated, out of any moneys
in the stationary source control cash fund not otherwise appropriated,
to the department of public health and environment, for the fiscal
year beginning July 1, 1999, the sum of fifty-one thousand six
hundred seventy-five dollars ($51,675), or so much thereof as
may be necessary, for the implementation of this act.".
Renumber succeeding section accordingly.
Page 1, line 104, strike "CREDITS." and substitute "CREDITS,
AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".
MESSAGE FROM THE HOUSE:
February 8, 1999
Mr. President:
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1030, 1031, 1092, 1147 and 1152.
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1024, amended as printed in House Journal, February 5, page 349;
HB99-1037, amended as printed in House Journal, February 5, pages 350-351;
HB99-1067, amended as printed in House Journal, February 5, page 348;
HB99-1075, amended as printed in House Journal, February 5, page 347;
HB99-1082, amended as printed in House Journal, February 5, page 349;
HB99-1114, amended as printed in House Journal, February 5, page 347;
HB99-1134, amended as printed in House Journal, February 5, pages 348-349;
HB99-1143, amended as printed in House Journal, February 5, page 350;
HB99-1179, amended as printed in House Journal, February
5, page 350.
MESSAGE FROM THE GOVERNOR
Appoint- Letter of designation and appointment from Governor Owens was read and assigned to
ment Committee as follows:
February 3, 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:
for a term expiring the Monday preceding the second
Tuesday in January 2003:
Raymond L. Gifford of Denver, Colorado, to serve
as a Republican, appointed.
Sincerely,
(Signed)
Bill Owens Governor
Rec'd 2/5/99
P. Dicks, Secretary
Committee on Business Affairs and Labor
Senate in recess.
Senate reconvened.
MESSAGE FROM THE REVISOR
February 8, 1999
We herewith transmit:
without comment, HB99-1030, 1031, 1092, 1147, and
1152: and,
without comment, as amended, HB99-1024, 1037, 1067, 1075, 1082, 1114, 1134,
1143 and 1179.
On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Tuesday,
February 9, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate