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

49^th Legislative Day Tuesday, February 23, 1999

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

Order

Prayer By the chaplain, Rev. Gilbert Caldwell, Park Hill United Methodist Church, Denver.

Roll Call Present--Total, 30.

Absent/Excused--Lacy, Matsunaka, Reeves, Tebedo, Wattenberg--Total, 5.

Present later--Lacy, Reeves, Tebedo.

Quorum The President announced a quorum present.

Reading of On motion of Senator Nichol, reading of the Journal of February 22^nd was

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

SENATE SERVICES REPORT

Senate Correctly engrossed: SB 99-072, 161.

Services

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 99-072 by Sen. Nichol; Rep. Kaufman--Access To Ballot By Petition

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

YES 31		NO 0		EXCUSED 4		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	E
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	E	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	Y	Matsunaka	E	Sullivant	Y

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

was declared PASSED.

Co-sponsors added: Tebedo, Weddig.

SB 99-161 by Sen. Tebedo; Rep. Berry--Work Comp Reduction For Drugs & Alcohol

Laid over until later in the day, retaining its place on the calendar.

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

of the for consideration of General Orders and Senator Arnold 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

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, February 10, pages 231-232.)

Amendment No. 2, by Senator Wham

Amend the Judiciary Committee Amendment, as printed in Senate Journal, February 10, page 231, strike line 32 and substitute the following:

"Page 6, line 24, strike "charging information." and substitute "mandatory sentencing.".

Page 7, strike lines 12 through 16 and substitute the following:

"RESULTS OF SUCH TEST STRICTLY CONFIDENTIAL, EXCEPT FOR PURPOSES OF PLEADING AND PROVING THE MANDATORY SENTENCING PROVISIONS SPECIFIED IN SUBSECTION (5) OF THIS SECTION.";

after line 26, insert the following:

"(b)  IF THE DISTRICT ATTORNEY DETERMINES THAT THE PERSON TESTED PURSUANT TO SUBSECTION (2) OF THIS SECTION HAD NOTICE OF HIS OR HER HIV INFECTION PRIOR TO THE DATE THE OFFENSE WAS COMMITTED, THE DISTRICT ATTORNEY MAY FILE AN INDICTMENT OR INFORMATION ALLEGING SUCH KNOWLEDGE AND SEEKING THE MANDATORY SENTENCING PROVISIONS AUTHORIZED IN SUBSECTION (5) OF THIS SECTION. ANY SUCH ALLEGATION SHALL BE KEPT CONFIDENTIAL FROM THE JURY THROUGHOUT THE TRIAL OF THE ISSUES ON THE SUBSTANTIVE OFFENSE CHARGED.

(c)  THE STATE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR ANY LOCAL HEALTH DEPARTMENT SHALL PROVIDE DOCUMENTARY EVIDENCE LIMITED TO WHETHER SAID PERSON HAD NOTICE OF OR HAD DISCUSSION CONCERNING HIS OR HER HIV INFECTION AND THE DATE OF SUCH NOTICE OR DISCUSSION. THE PARTIES MAY STIPULATE THAT THE PERSON IDENTIFIED IN SAID DOCUMENTS AS HAVING NOTICE OR DISCUSSION OF HIS OR HER HIV INFECTION IS THE PERSON TESTED PURSUANT TO SUBSECTION (2) OF THIS SECTION. SUCH STIPULATION SHALL CONSTITUTE CONCLUSIVE PROOF THAT SAID PERSON HAD NOTICE OF HIS OR HER HIV INFECTION PRIOR TO COMMITTING THE SUBSTANTIVE OFFENSE, AND THE COURT SHALL SENTENCE SAID PERSON IN ACCORDANCE WITH SUBSECTION (5) OF THIS SECTION.".

Page 8, strike line 1 and substitute the following:

"(d)  IF THE PARTIES DO NOT STIPULATE AS PROVIDED IN PARAGRAPH (d) OF THIS SUBSECTION (3), AN OFFICER OR EMPLOYEE OF THE STATE DEPARTMENT OF";";

after line 70 of the committee amendment, insert the following:

"Page 9, after line 4, insert the following:

"(5) (a)  IF A VERDICT OF GUILTY IS RETURNED ON THE SUBSTANTIVE OFFENSE WITH WHICH THE PERSON TESTED PURSUANT TO SUBSECTION (2) OF THIS SECTION IS CHARGED, THE COURT SHALL CONDUCT A SEPARATE SENTENCING HEARING AS SOON AS PRACTICABLE TO DETERMINE WHETHER SAID PERSON HAD NOTICE OF HIS OR HER HIV INFECTION PRIOR TO THE DATE THE OFFENSE WAS COMMITTED, AS ALLEGED. THE SENTENCING HEARING SHALL BE CONDUCTED BY THE JUDGE WHO PRESIDED AT TRIAL OR BEFORE WHOM THE GUILTY PLEA WAS ENTERED OR A REPLACEMENT FOR SAID JUDGE IN THE EVENT HE OR SHE DIES, RESIGNS, IS INCAPACITATED, OR IS OTHERWISE DISQUALIFIED AS PROVIDED IN SECTION 16­6­201, C.R.S. AT THE SENTENCING HEARING, THE DISTRICT ATTORNEY SHALL HAVE THE BURDEN OF PROVING BEYOND A REASONABLE DOUBT THAT SAID PERSON HAD NOTICE OF HIS OR HER HIV INFECTION PRIOR TO THE DATE THE OFFENSE WAS COMMITTED, AS ALLEGED.

(b)  IF THE COURT DETERMINES THAT THE PERSON TESTED PURSUANT TO SUBSECTION (2) OF THIS SECTION HAD NOTICE OF HIS OR HER HIV INFECTION PRIOR TO THE DATE THE OFFENSE WAS COMMITTED, THE JUDGE SHALL SENTENCE SAID PERSON TO A MANDATORY TERM OF INCARCERATION OF AT LEAST THREE TIMES THE UPPER LIMIT OF THE PRESUMPTIVE RANGE FOR THE LEVEL OF OFFENSE COMMITTED, UP TO THE REMAINDER OF THE PERSON'S NATURAL LIFE, AS PROVIDED IN SECTION 16­13­804, C.R.S.

SECTION 5.  16­13­804 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

16­13­804.  Indeterminate sentence. (1) (d)  IF THE SEX OFFENDER COMMITTED A SEX OFFENSE THAT CONSTITUTES A SEXUAL OFFENSE AS DEFINED IN SECTION 18­3­415.5, C.R.S., AND THE SEX OFFENDER, PRIOR TO COMMITTING THE OFFENSE, HAD NOTICE THAT HE OR SHE HAD TESTED POSITIVE FOR THE HUMAN IMMUNODEFICIENCY VIRUS (HIV) THAT CAUSES ACQUIRED IMMUNE DEFICIENCY SYNDROME, THE DISTRICT COURT SHALL SENTENCE THE SEX OFFENDER TO THE CUSTODY OF THE DEPARTMENT FOR AN INDETERMINATE TERM OF AT LEAST THREE TIMES THE UPPER LIMIT OF THE PRESUMPTIVE RANGE FOR THE LEVEL OF OFFENSE COMMITTED AND A MAXIMUM OF THE SEX OFFENDER'S NATURAL LIFE.".

Renumber succeeding sections accordingly.

Page 9, line 20, strike "18­3­415.5" and substitute "18­3­415.5, C.R.S.,";

line 21, strike "(3) (a), C.R.S.,";

line 26, strike "PRETRIAL PREPARATION AND IN COURT PROCEEDINGS," and substitute "A SENTENCING HEARING,".".

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

(Amended in General Orders as printed in Senate Journal, February 22, pages 336 and 337.)

Amendment No. 1, by Senator Dyer

Strike the first Dyer floor amendment, as printed in the Senate Journal, February 22, page 336, lines 32 to 43.

Amend the committee amendment, as printed in Senate Journal, February 12, page 256, strike lines 32 through 50, and substitute the following:

"Amend printed bill, page 2, before line 2, insert the following:

"SECTION 1.  5­1­301, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

5­1­301.  General definitions. In addition to definitions appearing in subsequent articles, in this code:

(7.3) (a)  "CREDIT CARD BANK OR FINANCIAL INSTITUTION" MEANS A COMMERCIAL BANK, INDUSTRIAL BANK, CREDIT UNION, THRIFT, SAVINGS AND LOAN ASSOCIATION, SAVINGS BANK, OR OTHER STATE OR FEDERALLY SUPERVISED INSTITUTION THAT ISSUES CREDIT CARDS AND IS SUBJECT TO THE PRINCIPAL OF EXPORTABILITY OF RATES AND FEES ESTABLISHED BY THE "NATIONAL BANK ACT", 12 U.S.C. SEC. 85, THE "DEPOSITORY INSTITUTIONS DEREGULATION AND MONETARY CONTROL ACT OF 1980", 12 U.S.C. SECS. 1463, 1785, AND 1831d, THE "FEDERAL CREDIT UNION ACT", 12 U.S.C. SEC. 1757, THE "DEPOSITORY INSTITUTIONS ACT", INCLUDING THE "ALTERNATIVE MORTGAGE TRANSACTION PARITY ACT OF 1982", 12 U.S.C. SECS. 3801 THROUGH 3805, AND ANY REGULATION AND COURT DECISIONS UNDER SAID ACTS.

(b)  FOR THE PURPOSE OF THIS SUBSECTION (7.3), "CREDIT CARD" MEANS A CARD OR DEVICE ISSUED FOR A REVOLVING CHARGE ACCOUNT OR REVOLVING LOAN ACCOUNT UNDER AN ARRANGEMENT PURSUANT TO WHICH A CARD ISSUER GIVES TO A CARDHOLDER THE PRIVILEGE OF OBTAINING CREDIT FROM THE CARD ISSUER OR OTHER PERSON IN PURCHASING OR LEASING PROPERTY OR SERVICES, OBTAINING LOANS, OR OTHERWISE. A TRANSACTION IS "PURSUANT TO A CREDIT CARD" ONLY IF CREDIT IS OBTAINED ACCORDING TO THE TERMS OF THE ARRANGEMENT BY TRANSMITTING INFORMATION CONTAINED ON THE CARD OR DEVICE ORALLY, IN WRITING, BY MECHANICAL OR ELECTRONIC METHODS, OR IN ANY OTHER MANNER.".

Renumber succeeding sections accordingly.

Page 2, line 7, after "CHARGE,", insert "FOR A CREDIT CARD ISSUED BY A CREDIT CARD BANK OR FINANCIAL INSTITUTION,";

line 9, after "A", insert "WRITTEN".

Page 3, line 2, strike "not to exceed the greater of two dollars or two and";

line 3, strike "one­half percent of the amount advanced, IN" and substitute "not to exceed the greater of two dollars or two and one­half percent of the amount advanced OR, FOR A CREDIT CARD ISSUED BY A CREDIT CARD BANK OR FINANCIAL INSTITUTION,";

line 4, strike "CONTRACT" and substitute "A WRITTEN CONTRACT,";

line 6, strike "not to exceed twenty dollars, IN" and substitute "not to exceed twenty THIRTY dollars OR, FOR A CREDIT CARD ISSUED BY A CREDIT CARD BANK OR FINANCIAL INSTITUTION,";

line 7, strike "CONTRACT" and substitute "A WRITTEN CONTRACT,";

strike line 9, and substitute the following:

"(III)  FOR A CREDIT CARD ISSUED BY A CREDIT CARD BANK OR FINANCIAL INSTITUTION, A FEE IN AN AMOUNT ESTABLISHED BY A WRITTEN CONTRACT FOR CREDIT";

line 17, strike "SELLER" and substitute "CREDIT CARD BANK OR FINANCIAL INSTITUTION ISSUING CREDIT CARDS";

line 19, strike "CONTRACT" and substitute "A WRITTEN CONTRACT";

line 25, after "JULY 1, 1999," insert "FOR A CREDIT CARD ISSUED BY A CREDIT CARD BANK OR FINANCIAL INSTITUTION,".

Page 4, line 1, after "BY", insert "A WRITTEN";

line 9, strike "not to exceed the greater of two dollars or two and";

line 10, strike "one­half percent of the amount advanced, IN" and substitute "not to exceed the greater of two dollars or two and one­half percent advanced OR, FOR A CREDIT CARD ISSUED BY A CREDIT CARD BANK OR FINANCIAL INSTITUTION,";

line 11, strike "CONTRACT" and substitute "A WRITTEN CONTRACT,";

line 13, strike "not to exceed twenty dollars, IN" and substitute "not to exceed twenty THIRTY dollars OR, FOR A CREDIT ISSUED BY A CREDIT CARD BANK OR FINANCIAL INSTITUTION,";

line 14, strike "CONTRACT" and substitute "A WRITTEN CONTRACT,";

strike line 16, and substitute the following:

"(III)  FOR A CREDIT CARD ISSUED BY A CREDIT CARD BANK OR FINANCIAL INSTITUTION, A FEE IN AN AMOUNT ESTABLISHED BY A WRITTEN CONTRACT FOR CREDIT";

line 19, strike "(1)," and substitute "(1) (a),";

strike line 26, and substitute the following:

"not exceeding the greater of:".

Page 5, strike lines 1 through 5, and substitute the following:

(a)  An amount, not exceeding ten dollars, which THAT is five percent of the unpaid amount of the instalment, or FOR A CREDIT CARD ISSUED BY A CREDIT CARD BANK OR FINANCIAL INSTITUTION, AN AMOUNT ESTABLISHED BY A WRITTEN CONTRACT; OR";

line 9, strike "THE LENDER" and substitute "A CREDIT CARD BANK OR FINANCIAL INSTITUTION ISSUING CREDIT CARDS";

line 16, strike "LENDER" and substitute "CREDIT CARD BANK OR FINANCIAL INSTITUTION";";

after line 68 of the committee amendment, insert the following:

"Page 6, line 20, after "CHARGE,", insert "FOR A CREDIT CARD ISSUED BY A CREDIT CARD BANK OR FINANCIAL INSTITUTION,";".

Page 257 of the committee amendment, strike line 3, and substitute the following:

"DOLLARS.";

line 26, after "FOR", insert "A CREDIT CARD ISSUED BY A CREDIT CARD BANK OR FINANCIAL INSTITUTION FOR".";

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

"line 5, after "FOR", insert "A CREDIT CARD ISSUED BY A CREDIT CARD BANK OR FINANCIAL INSTITUTION FOR";";

line 12 of the committee amendment, strike "WRITING"." and substitute "WRITING";";

after line 12 of the committee amendment, insert the following:

"line 16, strike "(1) and";

line 17, strike "are" and substitute "is";

strike lines 18 through 26.

Page 8, strike lines 1 through 5, and substitute the following:

"5­12­103.  Greater rate may be stipulated. (2) (a)  The term "interest" as used in this section means the sum";

line 10, after "INCLUDING", insert "FOR A CREDIT CARD ISSUED BY A CREDIT CARD BANK OR FINANCIAL INSTITUTION,";";

line 14 of the committee amendment, strike "Page 8,";

line 19 of the committee amendment, strike "19." and substitute "19;";

after line 19 of the committee amendment, insert the following:

"line 22, after "SECTION,", insert "FOR A CREDIT CARD ISSUED BY A CREDIT CARD BANK OR FINANCIAL INSTITUTION,".";

strike line 23 of the committee amendment, and substitute the following:

""SUBSECTION (1) OF THIS SECTION, FOR A CREDIT CARD ISSUED BY A CREDIT CARD BANK OR FINANCIAL INSTITUTION, THIS SECTION DOES NOT LIMIT, RESTRICT, OR".

As amended, declared LOST on Second Reading.

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

(Amended in General Orders as printed in Senate Journal, February 15, pages 272 and 273, and February 19, pages 326-327.)

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

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 10, pages 226-229.)

Amendment No. 2, by Senator Epps

Amend the committee amendment, as printed in Senate Journal, February 10, page 226, strike line 47, and substitute "PURSUANT TO SECTION 12­47­402, 12­47­403, OR 12­47­404 MAY";

line 48, strike "MALT, VINOUS," and substitute "VINOUS";

line 67, strike "ONE OUNCE FOR MALT LIQUORS,";

line 68, strike "LIQUORS," and substitute "LIQUORS".

Page 227, strike lines 48 through 56;

line 62, strike "MALT, VINOUS," and substitute "VINOUS".

Page 228, line 64, strike "MALT, VINOUS," and substitute "VINOUS".

Page 229, line 16, strike "12­47­403, 2­47­404, OR" and substitute "12­47­403, OR 12­47­404";

line 17, strike "12­47­405".

Amendment No. 3, by Senator Epps

Amend the committee amendment, as printed in Senate Journal, February 10, page 226, strike line 69, and substitute the following:

"LIQUORS;";

strike lines 71 and 72.

Reletter succeeding paragraphs accordingly.

Page 227, after line 16, insert the following:

"(3)  APPROVAL OF AN ALCOHOL BEVERAGE TASTING MUST BE OBTAINED FROM THE STATE AND LOCAL LICENSING AUTHORITIES. NO ALCOHOL BEVERAGE TASTING SHALL OCCUR UNLESS THE LICENSEE HAS PROVIDED WRITTEN NOTICE TO THE STATE AND LOCAL LICENSING AUTHORITIES FORTY­EIGHT HOURS BEFORE SERVING ALCOHOL BEVERAGE SAMPLES ON THE LICENSED PREMISES. SUCH NOTICE SHALL CONTAIN THE SPECIFIC DAYS ON AND HOURS DURING WHICH THE PREMISES SHALL BE USED FOR AN ALCOHOL BEVERAGE TASTING.".

Renumber succeeding subsection accordingly.

Page 228, after line 34, insert the following:

"SECTION 8.  12­47­411 (3), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

12­47­411.  Hotel and restaurant license. (3)  Notwithstanding any provision of this article to the contrary, a hotel, licensed pursuant to this article, may:

(d)  HOST ALCOHOL BEVERAGE TASTINGS, AS DESCRIBED IN SECTION 12­47­108, ON ITS LICENSED PREMISES.".

Renumber succeeding sections accordingly.

As amended, declared LOST on Second Reading.

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

(Amended in General Orders as printed in Senate Journal, February 19, page 327.)

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, February 12, page 262.)

Amendment No. 2, by Senator Powers

Amend the Appropriations Committee amendment, as printed in Senate Journal, February 12, page 262, line 21, strike ""may"." and substitute ""shall MAY".".

Amendment No. 3, by Senator Powers

Amend the Appropriations Committee amendment, as printed in Senate Journal, February 12, page 262, line 20, strike "line 67, strike "shall" and";

strike lines 21 through 23 and substitute the following:

"strike lines 66 through 72.

Page 58, strike lines 1 and 2 and substitute the following:

"Amend printed bill, page 2, line 3, strike "(1) and (4)," and substitute "(1),";

line 4, strike "are" and substitute "is";

strike lines 12 through 18.";";

strike line 25;

line 27, strike "26;" and substitute "26 and substitute the following:

"SECTION 5.  24­21­104.5, Colorado Revised Statutes, is amended to read:

24­21­104.5.  General fund appropriation ­ cash fund appropriation ­ elections.  The general assembly is authorized to appropriate MONEYS FROM THE DEPARTMENT OF STATE CASH FUND TO THE DEPARTMENT OF STATE IN EACH FISCAL YEAR IN WHICH A PRESIDENTIAL PRIMARY IS HELD TO COVER THE COSTS OF THE LOCAL COUNTY CLERK AND RECORDERS RELATING TO THE CONDUCT OF PRESIDENTIAL PRIMARY ELECTIONS. IF THE AMOUNT OF MONEYS IN THE DEPARTMENT OF STATE CASH FUND IS INSUFFICIENT TO COVER SUCH COSTS, THE GENERAL ASSEMBLY MAY APPROPRIATE ADDITIONAL GENERAL FUND MONEYS TO COVER SUCH COSTS AFTER EXHAUSTING ALL MONEYS IN THE DEPARTMENT OF STATE CASH FUND. THE GENERAL ASSEMBLY MAY ALSO APPROPRIATE general funds to the department of state to cover the costs of the duties performed by local county clerk and recorders relating to the conduct of OTHER elections. Any such appropriation MADE PURSUANT TO THIS SECTION shall not be used in calculating the fees provided for in section 24­21­104 (3) (b). The intent of the general assembly is to authorize the appropriation of DEPARTMENT OF STATE CASH FUND MONEYS AND general fund moneys to the department of state to offset some of the costs of local county clerk and recorders associated with the additional election duties and requirements resulting from the passage of section 20 of article X of the state constitution, from the preparation and conduct of the presidential primary election pursuant to section 1­4­1202, C.R.S., and from the increased number of initiatives that are being filed.";".

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

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

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, February 17, page 299.)

Amendment No. 2, by Senator Blickensderfer

Strike the committee amendment, as printed in Senate Journal, February 17, page 299, lines 3 through 26, and substitute the following:

"Amend printed bill, page 2, line 5, strike "UNION." and substitute "UNION, EITHER WRITTEN NOTIFICATION OF THE INTENT TO ENGAGE IN COORDINATED BARGAINING HAS BEEN PROVIDED TO THE UNION OR THE UNION HAS REJECTED AN OFFER TO ENGAGE IN MULTIEMPLOYER BARGAINING, AND ONE OR MORE REPRESENTATIVES OF EACH EMPLOYER PARTICIPATING IN THE COORDINATED BARGAINING IS PRESENT AT ONE OR MORE BARGAINING SESSIONS.";

Page 2, line 15, strike "TEMPORARY SHUTDOWN OF OPERATIONS" and substitute "REFUSAL BY AN EMPLOYER ENGAGED IN A DISPUTE WITH A UNION TO PERMIT ITS EMPLOYEES TO PERFORM EMPLOYMENT SERVICES.";

strike lines 16 and 17.

Page 3, line 18, strike "lockout,", and substitute "lockout";

line 19, before "the" insert "INITIATED BY THE EMPLOYER";

line 20, strike everything after "COMPENSATION" and substitute "BENEFITS. the lockout results";

strike lines 21 through 24 and substitute the following:

"from the demands of employees as distinguished from an effort on the part of the employer to deprive the employees of some advantage they already possess.".".

Amendment No. 3, by Senator Blickensderfer

Amend printed bill, page 2, strike lines 8 and 9 and substitute the following:

"MATERIALS, PROPERTY, OR OPERATIONS; OR

(B) WHERE A UNION OR TWO OR MORE UNION EMPLOYEES TAKE ECONOMIC ACTION AGAINST AN EMPLOYER AND THAT ACTION CAUSES THE EMPLOYER TO LOCK OUT; OR";

Renumber succeeding sub­subparagraph accordingly.

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

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

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

__________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, SB99-080 and SB99-200 were advanced on the General Orders calendar.

__________________________

SB 99-080 by Sen. Lamborn--Viable Child Protection Act

(State, Veterans, and Military Affairs Committees Amendment, as printed in Senate

Journal, February 11, pages 240-243 declared LOST on Second Reading.)

Amendment No. 1, by Senator Lamborn

Amend printed bill, page 3, line 5, strike "PRIOR" and substitute "EXCEPT IN THE CASE OF A MEDICAL EMERGENCY, PRIOR".

Page 4, line 2, strike "IN A FACILITY THAT DOES";

strike line 3 and substitute the following:

"EXCEPT IN A HOSPITAL, UNLESS";

line 8, after "PHYSICIAN", insert "OR ADVANCED PRACTICE NURSE";

line 13, after "PHYSICIAN", insert "OR ADVANCED PRACTICE NURSE".

As amended, declared LOST on Second Reading.

SB 99-200 by Sen. Wham; Rep. Lawrence--Repeal School Of Mines Lease Prohibition

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

__________________________________

The following bills on the General Orders calendar of Tuesday, February 23, were laid

over until Wednesday, February 24, retaining their place on the calendar:

HB99-1094, 99-1077, 99-1057, 99-1061, 99-1123, 99-1089, 99-1017, 99-1091, 99-1156,

99-1047.

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

SB 99-080 by Sen. Lamborn--Viable Child Protection Act

Senator Congrove moved to amend the Report of the Committee of the Whole to show that

SB99-080, as amended, did pass.

Call of Call of Senate.

Senate

Call Raised.

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

YES 13		NO 20		EXCUSED 2		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	Y
Blickensderfer	N	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	N	Lacy	N	Perlmutter	N	Wattenberg	E
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	N
Dennis	N	Linkhart	N	Reeves	N	Wham	N
Dyer	N	Martinez	N	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	E	Sullivant	Y

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Arnold, 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:

SB99-034, 99-200, declared passed on Second Reading.

SB99-119 as amended, 99-091 as amended, 99-001 as amended, 99-155 as amended,

declared passed on Second Reading.

SB99-160 as amended, 99-118 as amended, 99-080 as amended, declared lost on Second

Reading. HB99-1094, 99-1077, 99-1057, 99-1061, 99-1123, 99-1089, 99-1017, 99-1091, 99-1156,

99-1047, laid over until Wednesday, February 24, retaining their place on the calendar.

THIRD READING OF BILL--FINAL PASSAGE

On Third Reading, the title of the following bill was publicly read, the reading at length having been dispensed with by unanimous consent:

SB 99-161 by Sen. Tebedo; Rep. Berry--Work Comp Reduction For Drugs & Alcohol

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

YES 21		NO 12		EXCUSED 2		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	E
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	E	Sullivant	Y

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

was declared PASSED.

Co-sponsors added: Arnold, Sullivant.

COMMITTEE OF REFERENCE REPORTS

Business After consideration on the merits, the committee recommends that HB99-1100 be

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

and Labor favorable recommendation:

Amend reengrossed bill, page 2, strike lines 14 through 25 and substitute the following:

"SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

State, After consideration on the merits, the committee recommends that HB99-1105 be

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

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, strike everything below the enacting clause, and substitute the following:

"SECTION 1.  8­42­103 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

8­42­103.  Disability indemnity payable as wages ­ period of disability. (1)  If the injury or occupational disease causes disability, a disability indemnity shall be payable as wages pursuant to the provisions of section 8­42­105 (2) (a) subject to the following limitations:

(g)  IN CASES WHERE IT IS DETERMINED THAT A TEMPORARILY DISABLED EMPLOYEE IS RESPONSIBLE FOR TERMINATION OF EMPLOYMENT, THE RESULTING WAGE LOSS SHALL NOT BE ATTRIBUTABLE TO THE ON­THE­JOB INJURY.

SECTION 2.  8­42­105, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

8­42­105.  Temporary total disability. (4)  IN CASES WHERE IT IS DETERMINED THAT A TEMPORARILY DISABLED EMPLOYEE IS RESPONSIBLE FOR TERMINATION OF EMPLOYMENT, THE RESULTING WAGE LOSS SHALL NOT BE ATTRIBUTABLE TO THE ON­THE­JOB INJURY.

SECTION 3.  Effective date ­ applicability. This act shall take effect July 1, 1999, and shall apply to injuries occurring on or after said date.

SECTION 4.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

SIGNING OF BILL

The President has signed: HB99-1055.

Senate in recess.

Senate reconvened.

INTRODUCTION OF BILL--FIRST READING

The following bill was read by title and referred to the committee indicated:

SB 99-205 by Senator Teck; also Representative Clapp--Concerning limitations on the authority of a political subdivision to bring suit.

Local Government

TRIBUTES -- A POINT OF INTEREST

Honoring Stephan Lavavej--by Senators Arnold, Nichol, Martinez; Reps. Mitchell, Ragsdale, Tochtrop, Vigil, Windels and Zimmerman

Honoring the Highlands Ranch Cross Country Team--by Senator Evans

Honoring the Highlands Ranch Soccer Team--by Senator Evans

Honoring Torrance E. Maurer--by Senator Dennis

Honoring Neal R. Carter--by Senator Dennis

Honoring Brandon K. DelGrosso--by Senator Dennis

Honoring Gerrod D. Groubert--by Senator Dennis

On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Wednesday,

February 24, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate

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