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

45^th Legislative Day Friday, February 19, 1999

Call to By the President at 9:00 a.m.

Order

Prayer By the chaplain, Rev. Glen Hamlyn, Rocky Mountain Cathedral, Denver.

Roll Call Present--Total, 34.

Absent/Excused--Epps, Total 1.

Quorum The President announced a quorum present.

Reading of On motion of Senator Musgrave, reading of the Journal of February 18^th was

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

SENATE SERVICES REPORT

Senate Correctly engrossed: SB 99-70, 120, 141, 143.

Services

SIGNING OF BILLS

The President has signed: HB99-1005 and 1080.

MESSAGE FROM THE GOVERNOR

February 11, 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 July 1, 2001:

Gregory D. Hall of Longmont, Colorado, to serve as a representative of master electrical contractors, appointed.

Sincerely,

Bill Owens

Governor

Rec'd 2/12/99

P. Dicks, Secretary

Committee on Business Affairs and Labor

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 99-159 by Sen. Musgrave; Rep. Mitchell--Marriages Between One Man & One Woman

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

YES 20		NO 14		EXCUSED 1		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	N
Andrews	Y	Feeley	N	Nichol	Y	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	E	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: Andrews, Congrove.

IMMEDIATE RECONSIDERATION OF SB99-159

SB 99-159 by Sen. Musgrave; Rep. Mitchell--Marriages Between One Man & One Woman

Having voted on the prevailing side, Senator Blickensderfer moved for immediate

reconsideration of SB99-159.

Immediate reconsideration was denied by the following roll call vote:

YES 14		NO 20		EXCUSED 1		ABSENT 0
Anderson	N	Evans	N	Musgrave	N	Tanner	Y
Andrews	N	Feeley	Y	Nichol	N	Tebedo	N
Arnold	N	Hernandez	Y	Owen	N	Teck	N
Blickensderfer	N	Hillman	N	Pascoe	Y	Thiebaut	Y
Chlouber	N	Lacy	N	Perlmutter	Y	Wattenberg	N
Congrove	N	Lamborn	N	Phillips	Y	Weddig	Y
Dennis	N	Linkhart	Y	Reeves	Y	Wham	N
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	N
Epps	E	Matsunaka	Y	Sullivant	N

______________________________

THIRD READING OF BILLS--FINAL PASSAGE--CONTINUED

SB 99-014 by Sen. Lamborn; Rep. McElhany--Preempt Local Minimum Wage Laws

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

YES 20		NO 14		EXCUSED 1		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	Y	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	E	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: Andrews, Arnold, Congrove, Hillman, Lacy, Musgrave, Tebedo.

SB 99-070 by Sen. Powers; Rep. Ament--Environmental Audit Privilege

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

YES 27		NO 7		EXCUSED 1		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	N	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	Y
Dennis	Y	Linkhart	N	Reeves	Y	Wham	Y
Dyer	Y	Martinez	N	Rupert	N	Mr. President	Y
Epps	E	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: Andrews, Arnold, Chlouber, Congrove, Evans, Hillman, Lacy, Lamborn, Musgrave, Owen, Tebedo.

SB 99-143 by Sen. Perlmutter; Rep. Kaufman--Consumer Protection Act

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

YES 22		NO 12		EXCUSED 1		ABSENT 0
Anderson	N	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	N	Nichol	N	Tebedo	Y
Arnold	N	Hernandez	N	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	Y
Dennis	Y	Linkhart	N	Reeves	N	Wham	Y
Dyer	Y	Martinez	N	Rupert	N	Mr. President	Y
Epps	E	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: Andrews, Lacy, Powers, Tebedo, Teck.

SB 99-141 by Sen. Pascoe; Rep. Tochtrop--Referrals To Specialists & 2nd Opinions

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

YES 33		NO 1		EXCUSED 1		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	N	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	E	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, Hernandez, Linkhart, Martinez, Matsunaka, Nichol, Phillips, Powers, Rupert, Tanner, Teck, Thiebaut, Wattenberg.

SB 99-120 by Sen. Weddig; Rep. Alexander--Prescription Processing Requirements

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

YES 20		NO 14		EXCUSED 1		ABSENT 0
Anderson	N	Evans	N	Musgrave	N	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	N	Hernandez	Y	Owen	N	Teck	Y
Blickensderfer	N	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	N	Lacy	N	Perlmutter	Y	Wattenberg	N
Congrove	Y	Lamborn	N	Phillips	Y	Weddig	Y
Dennis	N	Linkhart	Y	Reeves	Y	Wham	N
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	N
Epps	E	Matsunaka	Y	Sullivant	N

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsor added: Hernandez.

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 SR99-007.

______________________________

INTRODUCTION AND IMMEDIATE CONSIDERATION OF RESOLUTION

SR 99-007 by Senators Blickensderfer, Powers, and Feeley--Concerning changes in the membership

of senate committees

Be It Resolved by the Senate of the Sixty-second General Assembly of the State of Colorado

That the following changes be made in the membership of the following Senate Committees:

Remove Senator Teck as Vice Chairman of Business Affairs and Labor but remaining as

a member of said committee;

Remove Senator Dennis as a member of Business Affairs and Labor;

Add Senator Sullivant as a member of, and Vice Chairman of, Business Affairs and Labor;

Remove Senator Blickensderfer as a member of Finance;

Add Senator Teck as a member of, and Chairman of, Finance;

Remove Senator Teck as a member of Local Government;

Add Senator Sullivant as a member of Local Government;

Add Senator Blickensderfer as a member of Appropriations.

__________________________________

Senator Blickensderfer moved to suspend Senate Rule 30(c).

A two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(c) was suspended and Immediate Consideration granted.

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

call vote:

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	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	E	Matsunaka	Y	Sullivant	Y

Co-sponsors added: Anderson, Arnold, Lacy, Linkhart.

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

of the for consideration of General Orders and Senator Andrews 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 99-119 by Sen. Wham--HIV Testing Information

Laid over until Monday, February 22, retaining its place on the calendar.

SB 99-106 by Sen. Phillips; Rep. Gotlieb--Prohibit Hazing

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, February 10, page 230.)

Amendment No. 2, by Senator Andrews

Amend printed bill, page 1, strike lines 7 through 11.

Page 2, strike line 1;

Reletter succeeding paragraphs accordingly.

line 15, strike "ORGANIZATION, EVEN IF THE" and substitute "ORGANIZATION; EXCEPT THAT, WHEN A PERSON OVER EIGHTEEN YEARS OF AGE GIVES WRITTEN CONSENT TO PARTICIPATE IN A SPECIFIC ACTIVITY, THAT ACTIVITY IS NOT "FORCED ACTIVITY.";

strike lines 16 and 17;

line 19, strike "EMOTIONAL HEALTH OR";

line 24, strike "STATES." and substitute "STATES OR EQUIVALENT ACTIVITY CONDUCTED BY ANY OTHER ORGANIZATION IN WHICH THE PARTICIPANT IS OVER EIGHTEEN YEARS OF AGE AND GIVES WRITTEN CONSENT TO PARTICIPATE IN THE ACTIVITY.";

line 25, strike "OR";

line 26, strike "PARTICIPATE".

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

SB 99-160 by Sen. Dyer; Rep. Kaufman--Dereg Of UCCC Rates Charges & Fees

Laid over until Monday, February 22, retaining its place on the calendar.

SB 99-156 by Sen. Musgrave; Rep. McKay--Carrying Concealed Weapons

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, February 3, pages 160-161.)

Amendment No. 2, by Senator Musgrave

Amend the committee amendment, as printed in Senate Journal, February 3, page 160, strike line 48 and substitute the following:

"Amend printed bill, page 2, line 2, strike "weapons" and substitute "handguns";

line 3, after "(1)", insert "(a) THE GENERAL";

line 50 of the committee amendment, strike "WEAPONS" and substitute "HANDGUNS";

after line 51 of the committee amendment, insert the following:

"line 14, strike "weapon" and substitute "weapon HANDGUN";";

line 59 of the committee amendment, strike "WEAPON" and substitute "HANDGUN";

line 62 of the committee amendment, strike "WEAPON" and substitute "FIREARM";

line 70, strike "WEAPONS;" and substitute "HANDGUNS;".

Page 161 of the committee amendment, line 7, strike "WEAPONS" and substitute "HANDGUNS";

after line 8 of the committee amendment, insert the following:

"Page 3, line 11, strike "WEAPON;" and substitute "HANDGUN;";

line 17, strike "WEAPON," and substitute "HANDGUN,";

line 19, strike "WEAPONS" and substitute "HANDGUN";

line 20, strike "WEAPONS" and substitute "HANDGUNS";

line 21, strike "WEAPON." and substitute "HANDGUN.";

line 23, strike "WEAPON" and substitute "HANDGUN".";

after line 10 of the committee amendment, insert the following:

"line 6, strike "weapon for" and substitute "weapon for";

line 7, before "ANY", insert "HANDGUN FOR";".

Page 1, line 101, strike "WEAPONS." and substitute "HANDGUNS.".

Amendment No. 3, by Senator Musgrave

Amend the committee amendment, as printed in Senate Journal, February 3, page 160, strike line 48 and substitute the following:

"Amend printed bill, page 2, strike lines 3 through 5 and substitute the following:

"(1) (a)  Pursuant to the grant of authority in sections 30­10­523 and 31­4­112.1, C.R.S., the chief of police of a city or of a city and county or the sheriff of a county may issue written permits to carry concealed";

strike lines 10 and 11, and substitute the following:

"permit. THE GENERAL";

strike line 51 of the committee amendment and substitute the following:

"CONCERN.

(b)  FOR PURPOSES OF THIS SECTION, "SHERIFF" MEANS THE SHERIFF OF A COUNTY, OR HIS OR HER DESIGNEE, OR THE OFFICIAL WHO HAS THE DUTIES OF A SHERIFF IN A CITY AND COUNTY, OR HIS OR HER DESIGNEE.

(c)  PURSUANT TO THE GRANT OF AUTHORITY IN SECTION 30­10­523, C.R.S., EACH SHERIFF, WITHIN TEN DAYS AFTER RECEIVING AN APPLICATION FOR A WRITTEN PERMIT TO CARRY A CONCEALED HANDGUN, SHALL ISSUE THE WRITTEN PERMIT IF THE APPLICANT IS ELIGIBLE TO";

line 12, strike "The chief" and substitute "The chief";

line 13, strike "of police or" and substitute "of police or THE";";

line 57 of the committee amendment, strike "(b)" and substitute "(d)".

Page 161 of the committee amendment, line 4, strike "(c)" and substitute "(e)";

line 8 of the committee amendment, strike "ENTITY."." and substitute "ENTITY.";";

after line 8 of the committee amendment, insert the following:

"line 22, strike "or chief of police" and substitute "or chief of police";

line 23, strike "or chief of police" and substitute "or chief of police".

Page 3, line 2, strike "chief" and substitute "chief";

line 3, strike "of police or" and substitute "of police or";

line 10, strike "OR CHIEF OF POLICE";

line 13, strike "OR CHIEF OF POLICE";

line 14, strike "OR CHIEF OF POLICE";

line 18, strike "OR CHIEF OF POLICE";

line 22, strike "OR CHIEF OF POLICE".";

strike lines 10 through 22 of the committee amendment, and substitute the following:

"Page 4, strike line 1 and substitute the following:

"18­12­105 (2) (b) and (2) (c), Colorado Revised Statutes, are amended, and the said 18­12­105 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:";

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, AS IT EXISTED PRIOR TO AUGUST 4, 1999, to carry the weapon by the chief of police of a city or city and county or the sheriff of a county; or

(c.5)  A PERSON WHO, PRIOR TO THE TIME OF CARRYING A CONCEALED HANDGUN, HAS BEEN ISSUED A WRITTEN PERMIT PURSUANT TO SECTION 18­12­105.1 TO CARRY THE CONCEALED HANDGUN; OR

SECTION 3. 18­12­105.5 (3) (d), Colorado Revised Statutes, is amended, and the said 18­12­105.5 (3) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:";

strike lines 28 through 33 of the committee amendment and substitute the following:

"(d)  The person, prior to the time of carrying a concealed weapon, has been issued a written permit pursuant to section 18­12­105.1, AS IT EXISTED PRIOR TO AUGUST 4, 1999, to carry the weapon by the chief of police of a city or city and county or the sheriff of a county; or

(d.5)  THE PERSON, PRIOR TO THE TIME OF CARRYING A CONCEALED HANDGUN, HAS BEEN ISSUED A WRITTEN PERMIT PURSUANT TO SECTION 18­12­105.1 TO CARRY THE CONCEALED HANDGUN; OR".";

after line 35 of the committee amendment, insert the following:

"Page 4, line 10, strike "weapons." and substitute "handguns.";

line 11, after "may", insert "AND THE OFFICIAL WHO HAS THE DUTIES OF A SHERIFF IN EACH CITY AND COUNTY";

line 12, strike "weapons." and substitute "weapons HANDGUNS.";

line 14, before "31­4­112.1,", insert "Repeal." and strike "amended" and substitute "repealed as follows:";

strike line 15;

strike lines 17 through 19 and substitute the following:

"The chief of police of a city or city and county may issue written permits to carry concealed weapons. Any such permit shall be issued in accordance with section 18­12­105.1, C.R.S.";";

line 37 of the committee amendment, strike "Page 4,".

Amendment No. 4, by Senator Musgrave

Amend printed bill, page 3, line 18, strike "MAY" and substitute "IS STRONGLY ENCOURAGED TO".

Amendment No. 5, by Senator Musgrave

Amend the committee amendment, as printed in Senate Journal, February 3, page 161, line 2, strike "CONDUCTED." and substitute "CONDUCTED; EXCEPT THAT THE PERSON MAY CARRY A HANDGUN INTO SAID BUILDING IF THE PERSON HAS POSSESSION OF THE HANDGUN FOR USE IN AN EDUCATIONAL PROGRAM APPROVED BY THE SCHOOL.".

Amendment No. 6, by Senator Musgrave

Amend printed bill, page 2, line 12, after the period, insert "ANY PERMIT SO ISSUED SHALL BE VALID FOR A PERIOD OF FOUR YEARS AND MAY BE SUBSEQUENTLY RENEWED.".

after line 25, insert the following:

"(5) ANY PERMIT TO CARRY A CONCEALED HANDGUN OR A CONCEALED WEAPON THAT IS ISSUED BY A STATE THAT RECOGNIZES THE VALIDITY OF PERMITS ISSUED PURSUANT TO THIS SECTION SHALL BE VALID IN THIS STATE IN ALL RESPECTS AS A PERMIT ISSUED PURSUANT TO THIS SECTION. ANY PERSON WHO PROVES THAT HE OR SHE IS A RESIDENT OF A STATE THAT ALLOWS ITS CITIZENS TO CARRY CONCEALED HANDGUNS OR CONCEALED WEAPONS WITHOUT OBTAINING A PERMIT MAY CARRY A CONCEALED HANDGUN IN THIS STATE AS IF HE OR SHE POSSESSED A PERMIT ISSUED PURSUANT TO THIS SECTION.".

Amendment No. 7, by Senator Teck

Amend printed bill, page 3, line 11, strike "WEAPON; EXCEPT" and substitute "HANDGUN. THE AMOUNT OF THE FEE SHALL REFLECT THE ACTUAL COST";

strike line 12;

line 13, strike "PERMIT." and substitute "PERMIT; EXCEPT THAT THE AMOUNT OF THE FEE SHALL NOT EXCEED ONE HUNDRED DOLLARS.".

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

SB 99-118 by Sen. Epps; Rep. Alexander--Alcohol Beverage Tastings

Laid over until Monday, February 22, retaining its place on the calendar.

SB 99-091 by Sen. Hillman--County Land Use Regulation Referendum

(Amended in General Orders as printed in Senate Journal, February 15, pages 272-273.)

Amendment No. 1, by Senator Hillman

Amend printed bill, page 3, after line 17, insert the following:

"(a)  "ELIGIBLE ELECTOR" MEANS A REGISTERED ELECTOR WHO RESIDES IN THE COUNTY IN WHICH A ZONING REGULATION OR BUILDING CODE IS TO BE IMPOSED.".

Reletter succeeding paragraphs accordingly.

Page 3, line 18, strike ""ELIGIBLE ELECTOR"" and substitute ""ELIGIBLE PETITIONER"".

Page 4, line 2, strike "ELECTOR" and substitute "PETITIONER";

line 4, strike "ELECTOR" and substitute "PETITIONER";

line 9, strike "ELECTORS OR TEN PERCENT OF ELIGIBLE ELECTORS," and substitute "PETITIONERS OR TEN PERCENT OF ELIGIBLE PETITIONERS,".

Page 5, line 8, strike "ELECTORS" and substitute "PETITIONERS".

As amended, laid over until Monday, February 22, retaining its place on the calendar.

SB 99-034 by Sen. Musgrave; Rep. May--Qualifying For Unemployment Benefits

Laid over until Monday, February 22, retaining its place on the calendar.

SB 99-001 by Sen. Powers; Rep. Leyba--Western Presidential Primary Election

Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment

(Printed in Senate Journal, January 14, page 57.)

As amended, laid over until Monday, February 22, retaining its place on the calendar.

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

Laid over until Monday, February 22, retaining its place on the calendar.

SB 99-063 by Sen. Musgrave; Rep. Lawrence--Veterans' Plates For Motor Homes

Amendment No. 1, by Senator Musgrave

Amend printed bill, page 1, line 5, strike "(e)" and substitute "(f)".

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

SB 99-129 by Sen. Nichol; Rep. Paschall--Public Transportation Fare Inspectors

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, February 17, page 300.)

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

HB 99-1063 by Rep. Dean; Senator Tebedo--Remarriage Penalty For Survivor Benefits

Amendment No. 1, by Senator Tebedo

Amend reengrossed bill, page 2, line 20, after "all", insert "surviving spouses of";

line 21, strike "receiving or" and substitute "who became".

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

HB 99-1062 by Rep. Berry; Senator Reeves--Increased FPPA Total Disability Benefits

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

HB 99-1094 by Rep. Grossman; Senator Arnold--Aggravated Juvenile Offenders

Laid over until Monday, February 22, retaining its place on the calendar.

HB 99-1014 by Rep. Coleman; Senator Lamborn--Magnetic Media Taxpayer Filing Reqs

Amendment No. 1, Finance Committee Amendment

(Printed in Senate Journal, February 17, page 300.)

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

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

SB 99-156 by Sen. Musgrave; Rep. McKay--Carrying Concealed Weapons

Senator Musgrave moved to amend the Report of the Committee of the Whole to show that the Musgrave amendment to the Report of the Committee of the Whole did pass.

The motion was declared LOST by the following roll call vote:

YES 12		NO 22		EXCUSED 1		ABSENT 0
Anderson	N	Evans	Y	Musgrave	Y	Tanner	N
Andrews	Y	Feeley	N	Nichol	N	Tebedo	Y
Arnold	Y	Hernandez	N	Owen	Y	Teck	N
Blickensderfer	N	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	N	Perlmutter	N	Wattenberg	N
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	N
Dennis	Y	Linkhart	N	Reeves	N	Wham	N
Dyer	Y	Martinez	N	Rupert	N	Mr. President	N
Epps	E	Matsunaka	N	Sullivant	N

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Blickensderfer, 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:

HB99-1062 declared passed on Second Reading.

SB99-106 as amended, 99-156 as amended, 99-063 as amended, 99-129 as amended;

HB99-1063 as amended, 99-1014 as amended declared passed on Second Reading.

SB99-119, 99-160, 99-118, 99-034, 99-155; HB99-1094 laid over until Monday,

February 22, retaining their place on the calendar.

SB99-091 as amended, 99-001 as amended, laid over until Monday, February 22, retaining its place on the calendar.

CONSIDERATION OF RESOLUTION

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.

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

vote:

YES 33		NO 1		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	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	N
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	E	Matsunaka	Y	Sullivant	Y

Co-sponsors added: Congrove, Dennis, Evans, Musgrave, Owen, Sullivant.

COMMITTEE OF REFERENCE REPORTS

Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under

Natural consideration and has had a hearing on the following appointments and recommends

Resources that the appointments be confirmed:

and Energy

effective March 1, 1999, for a term expiring March 1, 2003:

Rick M. Enstrom of Lakewood, Colorado, to serve as a representative of sportsmen from District 5, and as an Unaffiliated, replacing James R. Long whose term expires March 1, 1999, appointed;

for a term expiring March 1, 1999:

The Honorable Marianna M. Raftopoulos of Craig, Colorado, to serve as a County Commissioner from District 1, and as a Republican, appointed;

for a term expiring March 1, 2002:

The Honorable Robert N. Shoemaker of Canon City, Colorado, to serve as a representative of agriculture or a grower from District 4, and as a Democrat, appointed.

Agriculture, After consideration on the merits, the committee recommends that HB99-1123 be

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

Resources favorable recommendation:

and Energy

Amend reengrossed bill, page 2, line 15, after "INCLUSION," insert "AND THE MUNICIPALITY AGREES TO ANY TERMS AND CONDITIONS TO THE INCLUSION ADOPTED BY THE BOARD OF DIRECTORS OF THE DISTRICT,".

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

Natural referred to the Senate for final action: HJR99-1004

Resources

and Energy

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

Natural referred to the Senate for final action: HJR99-1005

Resources

and Energy

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

Environment, referred favorably to the Committee of the Whole: HB99-1089

Welfare and

Institutions

Health, After consideration on the merits, the committee recommends that HB99-1017 be

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

Welfare and favorable recommendation:

Institutions

Amend reengrossed bill, page 3, line 19, after "DECISION", insert "WAS";

line 20, strike "POLICY AND AS APPLIED TO THE APPLICANT" and substitute "POLICY.";

strike lines 21 and 22.

Health, After consideration on the merits, the committee recommends that HB99-1091 be

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

Welfare and favorable recommendation:

Institutions

Amend reengrossed bill, page 2, line 10, after "MISREPRESENTED", insert "HIS OR HER".

Health, After consideration on the merits, the committee recommends that SB99-098 be

Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations

Welfare and with favorable recommendation:

Institutions

Amend printed bill, page 3, line 3, after "ARTICLE.", insert "THE PROGRAM SHALL BE LIMITED TO ONE HUNDRED ELIGIBLE PERSONS WITH A CHRONIC ILLNESS.";

line 16, after "TO", insert "AND RECEIVE THE APPROVAL OF";

after line 19, insert the following:

"(c)  A REQUIREMENT THAT THE ELIGIBLE PERSON WITH A CHRONIC ILLNESS PAY A PREMIUM ESTABLISHED BY THE BOARD TO PARTICIPATE IN THE PROGRAM;".

Reletter succeeding paragraphs accordingly.

Page 3, line 21, strike "PROGRAM;" and substitute "PROGRAM, INCLUDING PROVISIONS EXCLUDING THE COVERAGE OF LONG­TERM CARE;";

line 23, strike "PROGRAM." and substitute "PROGRAM, INCLUDING REQUIRING THE ELIGIBLE PERSON WITH A CHRONIC ILLNESS TO RECEIVE COVERED SERVICES FROM A MANAGED CARE ORGANIZATION AS DEFINED IN SECTION 26­4­114 (2).".

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

Environment, referred favorably to the Committee on Appropriations: HB99-1088

Welfare and

Institutions

Judiciary After consideration on the merits, the committee recommends that HB99-1087 be

amended as follows and, as so amended, be referred to the Committee on Appropriations

with favorable recommendation:

Amend reengrossed bill, page 1, line 6, after "methamphetamine", insert "and amphetamine".

Page 2, line 2, strike "PURCHASE OR";

line 3, strike "DRUGS." and substitute "DRUGS WITH THE INTENT TO USE THE PRODUCT AS A PRECURSOR TO ANY CONTROLLED SUBSTANCE.".

Judiciary After consideration on the merits, the committee recommends that HB99-1156 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 12, strike "juvenile" and substitute "juvenile, THE VICTIM, AND THE COMMUNITY";

line 22, strike "IN NONVIOLENT CRIMES VICTIMS" and substitute "VICTIMS AND COMMUNITIES";

line 23, strike "ACTIVELY WITH" and substitute "ACTIVELY";

line 24, strike "COMMUNITIES".

Page 3, line 16, strike "ENTITIES" and substitute "NONSTATE ENTITIES".

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: SB99-200

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB99-1113

Education After consideration on the merits, the committee recommends that HB99-1047 be

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

Amend reengrossed bill, page 1, after line 1, insert the following:

"SECTION 1. The introductory portion to 23­3.5­102 (3) (a), Colorado Revised Statutes, is amended, and the said 23­3.5­102 (3) (a) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:

23­3.5­102.  Definitions. As used in this article, unless the context otherwise requires:

(3) (a)  "Institution of higher education" means an educational institution operating in this state which THAT:

(IV)  WAS IN OPERATION IN THIS STATE AS OF JANUARY 1, 1999, OR HAS BEEN IN OPERATION IN THIS STATE FOR A MINIMUM OF TEN ACADEMIC YEARS.".

Renumber succeeding sections accordingly.

Page 3, line 5, strike "AND";

line 7, after "and", add "WAS IN OPERATION IN THIS STATE AS OF JANUARY 1, 1999, OR HAS BEEN IN OPERATION IN THIS STATE FOR A MINIMUM OF TEN ACADEMIC YEARS; AND";

after line 14, insert the following:

"SECTION 4. 22­35­103, Colorado Revised Statutes, is amended to read:

22­35­103.  Definition. For the purposes of this article:

(1)  "Institution of higher education" means the university of southern Colorado, Adams state college, Mesa state college, Metropolitan state college of Denver, Fort Lewis college, Western state college of Colorado, all independent area vocational schools, all junior college district colleges, the university of northern Colorado, Colorado school of mines, the university of Colorado at Denver, the university of Colorado at Colorado Springs, the university of Colorado at Boulder, Colorado state university, all community colleges governed by the state board for community colleges and occupational education, and all nonpublic institutions of higher education. as defined in section 23­3.7­102 (3), C.R.S.

(2)  "NONPUBLIC INSTITUTION OF HIGHER EDUCATION" MEANS AN INSTITUTION OF HIGHER EDUCATION OPERATING IN THIS STATE THAT:

(a)  RECEIVES NO SUPPORT FROM GENERAL FUND MONEYS IN SUPPORT OF ITS OPERATING COSTS;

(b)  ADMITS AS REGULAR STUDENTS ONLY PERSONS HAVING A CERTIFICATION OF GRADUATION FROM A SCHOOL PROVIDING SECONDARY EDUCATION OR THE RECOGNIZED EQUIVALENT OF SUCH A CERTIFICATE;

(c)  IS ACCREDITED BY A NATIONALLY RECOGNIZED ACCREDITING AGENCY OR ASSOCIATION;

(d)  PROVIDES AN EDUCATIONAL PROGRAM FOR WHICH IT AWARDS A BACHELOR'S DEGREE OR A GRADUATE DEGREE;

(e)  IS NOT EITHER A PROPRIETARY INSTITUTION OR AN INSTITUTION OPERATED FOR PROFIT; AND

(f)  IS NOT A PERVASIVELY SECTARIAN OR THEOLOGICAL INSTITUTION OR ANY BRANCH PROGRAM OR CAMPUS OF AN INSTITUTION OF HIGHER EDUCATION WHOSE PRINCIPAL CAMPUS AND FACILITIES ARE LOCATED OUTSIDE THIS STATE.".

Renumber succeeding section accordingly.

______________________________

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 Friday, February 19, was laid over until Monday, February 22, retaining its place on the calendar.

______________________________

On motion of Senator Blickensderfer, the Senate adjourned until 10:00 a.m., Monday,

February 22, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate