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

51st Legislative Day Thursday, February 25, 1999

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

Order

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

Roll Call Present--Total, 29.

Absent/Excused--Dennis, Evans, Lacy, Linkhart, Perlmutter, Rupert--Total, 6.

Present later--Dennis, Evans, Lacy, Linkhart, Rupert.

Quorum The President announced a quorum present.

Reading of On motion of Senator Nichol, reading of the Journal of February 23rd was

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

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 Governor's appointments.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

On motion of Senator Wattenberg, the following Governor's appointments were confirmed by a roll call vote:

WILDLIFE COMMISSION

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.

YES 31

NO 0

EXCUSED 4

ABSENT 0

Anderson
Y
Evans
E
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
E
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
E
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

WILDLIFE COMMISSION

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.



YES 27

NO 5

EXCUSED 3

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
N
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
E
Perlmutter
E
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
N

Dennis
E
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

SENATE SERVICES REPORT

Senate Correctly enrolled: SR 99-007.

Services

MESSAGE FROM THE REVISOR

February 24, 1999

We herewith transmit:

without comment, HB99-1213, 1226, 1227, 1236, 1244, 1247, 1263, 1275, 1289, 1307, SB99-175, 176, 178, 179, 181, 183, 184, 185, 186, 188, 189, 190, 191, 192, 193, 194, 195, 196, and 197; and,

without comment, as amended, HB99-1004, 1163, 1174, 1204, 1212, 1214, 1215, 1216, 1217, 1218, 1225, 1231, 1234, 1239, 1243, 1250, 1251, 1253, 1256, 1259, 1261, 1265, 1267, 1268, 1269, 1274, 1277, 1279, 1281, 1283, 1284, 1288, 1290, 1294, 1301, 1304, 1310, SB99-177, 180, 182, and 187.

SIGNING OF BILLS

The president has signed: SR 99-007.

__________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the General Orders calendar of Thursday, February 25, was laid over until Friday, February 26, retaining its place on the calendar.

__________________________

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORT

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

Affairs referred favorably to the Committee of the Whole: HB99-1130

and Labor

MESSAGE FROM THE HOUSE

January 25, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1012 and 1054.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1005, amended as printed in House Journal, January 22, pages 187-188;

HB99-1014, amended as printed in House Journal, January 22, pages 188-189;

HB99-1053, amended as printed in House Journal, January 22, page 186;

HB99-1072, amended as printed in House Journal, January 22, page 186;

HB99-1089, amended as printed in House Journal, January 22, page 189.

INTRODUCTION OF BILLS--FIRST READING

The following bills were read by title and referred to the committees indicated:

SB 99-206 by Senators Owen, Andrews, Blickensderfer, Congrove, Lamborn, Musgrave, Powers, and Wattenberg; also Representatives McElhany, Allen, Berry, Dean, Fairbank, George, May, McKay, Mitchell, Paschall, Pfiffner, Stengel, Swenson, Taylor, Tool, Webster, Witwer, and Young--Concerning the population data to be used for redistricting after the federal census in the year 2000.

State, Veterans, & Military Affairs

HB 99-1004 by Representative Plant; also Senator Sullivant--Concerning the creation of a voluntary contribution on Colorado income tax returns for the purpose of allowing individuals to make contributions to benefit public education, and making an appropriation in connection therewith.

Education

Finance

Appropriations

HB 99-1163 by Representatives Kaufman and Grossman; also Senators Perlmutter, Nichol, Wattenberg, and Wham--Concerning implementation of recommendations of the committee on legal services in connection with legislative review of rules and regulations of state agencies.

Legal Services

HB 99-1174 by Representatives Morrison and Tool; also Senator Lamborn--Concerning prevention programs funded through state agencies.

Judiciary

Appropriations

HB 99-1204 by Representatives Paschall, Allen, George, Lee, McKay, McPherson, Morrison, and Tool; also Senators Anderson and Congrove--Concerning issuance of civil restraining orders.

Judiciary

HB 99-1212 by Representative Gotlieb; also Senator Arnold--Concerning the primary offense of failure to wear a motor vehicle safety belt.

Transportation

Appropriations

HB 99-1213 by Representatives Spradley, May, Dean, Hefley, Larson, Lawrence, McElhany, Paschall, Sullivant, Tapia, and T. Williams; also Senators Feeley and Congrove--Concerning the extension of the "Voluntary Clean-up and Redevelopment Act".

Business Affairs & Labor

HB 99-1214 by Representative Lawrence; also Senator Wham--Concerning the statewide trauma care system, and, in connection therewith, authorizing the designation of regional pediatric trauma centers and protecting the confidentiality of information collected by area trauma advisory councils.

Health, Environment, Welfare & Institutions

HB 99-1215 by Representative Larson; also Senator Dyer--Concerning the sale of alcohol beverages by common carrier public transportation system licensees.

Business Affairs & Labor

HB 99-1216 by Representative Decker; also Senator Perlmutter--Concerning prohibitions on the sale of tobacco in Colorado that violates federal laws.

Business Affairs & Labor

HB 99-1217 by Representative Miller; also Senator Chlouber--Concerning electrical license reciprocity.

Business Affairs & Labor

HB 99-1218 by Representative Mace; also Senator Feeley--Concerning expedited methods of adopting children.

Judiciary

HB 99-1225 by Representative Leyba; also Senator Wattenberg--Concerning the designation of candidates for a primary election.

State, Veterans, & Military Affairs

HB 99-1226 by Representative Kaufman; also Senator Lamborn--Concerning damages in wrongful death cases.

Judiciary

HB 99-1227 by Representatives Tapia, Coleman, Lawrence, Spradley, and Zimmerman; also Senator Dennis--Concerning the definition of residential child care facilities.

Health, Environment, Welfare & Institutions

HB 99-1231 by Representative Swenson; also Senator Perlmutter--Concerning an exception to the five-year limitation on medical treatment in the automobile no-fault laws.

Business Affairs & Labor

HB 99-1234 by Representative Mace; also Senator Perlmutter--Concerning the automatic temporary injunction in a petition for dissolution of marriage.

Judiciary

HB 99-1236 by Representative Chavez; also Senator Feeley--Concerning repeal of the dead man's statute.

Judiciary

HB 99-1239 by Representative Veiga; also Senator Blickensderfer--Concerning the concept of permissible use in the context of the Colorado no-fault insurance laws, and, in connection therewith, defining converter.

Transportation

HB 99-1243 by Representatives Clapp, Fairbank, McElhany, McKay, Tool, Vigil, Young, Dean, Lee, Mitchell, Spence, and Stengel; also Senators Dyer and Perlmutter--Concerning a requirement that health care practitioners participating in personal injury protection examination review panels be actively engaged in practice at the office listed with the commissioner of insurance.

Health, Environment, Welfare & Institutions

HB 99-1244 by Representatives Lee and Stengel; also Senator Teck--Concerning the modification of the time period used to determine the level of value for classes of taxable real property when comparable valuation data is not available for the one-and-one-half-year period prior to July 1 immediately preceding any regular biennial property tax assessment date.

Finance

HB 99-1247 by Representative Sinclair; also Senator Epps--Concerning the repeal of the prohibition on home rule local governments to impose a use tax on taxable tangible personal property that is used within a home rule local government more than three years after the most recent sale of such property if, within the three years following such sale, such property has been significantly used within the state for the principal purpose for which it was purchased.

Local Government

Appropriations

HB 99-1250 by Representatives Johnson, Bacon, Chavez, Clarke, Coleman, George, Gotlieb, Grossman, Kaufman, Keller, Kester, King, Lawrence, Leyba, Mace, Miller, Ragsdale, Sinclair, Smith, Spradley, Sullivant, Swenson, Takis, Tapia, Taylor, Tochtrop, Tool, Vigil, S. Williams, and Zimmerman; also Senators Epps, Dyer, Evans, Feeley, Hernandez, Nichol, Perlmutter, Phillips, Reeves, Rupert, Tebedo, Thiebaut, Weddig, and Wham--Concerning requirements for the prompt payment of health insurance claims.

Health, Environment, Welfare & Institutions

Appropriations

HB 99-1251 by Representative S. Williams; also Senator Arnold--Concerning establishment of a voluntary credentialing system for child care professionals.

Health, Environment, Welfare & Institutions

Appropriations

HB 99-1253 by Representative Mitchell; also Senator Lamborn--Concerning statements made by juveniles during custodial interrogations.

Judiciary

HB 99-1256 by Representative Swenson; also Senator Sullivant--Concerning the enforcement of traffic offenses by counties.

Transportation

HB 99-1259 by Representative Kaufman; also Senator Lamborn--Concerning presumptions related to certificates of limited partnership.

Business Affairs & Labor

HB 99-1261 by Representative Tate; also Senator Perlmutter--Concerning measures to correct underutilization of protected classes in the state personnel system.

State, Veterans, & Military Affairs

HB 99-1263 by Representatives May, Paschall, Stengel, Alexander, Allen, Berry, Clapp, Dean, Decker, Fairbank, Gotlieb, Hefley, Johnson, Kaufman, Kester, King, Larson, Lee, McElhany, McKay, McPherson, Mitchell, Morrison, Nunez, Pfiffner, Sinclair, Smith, Spence, Sullivant, Swenson, Tool, Webster, T. Williams, Witwer, Young, and Hoppe; also Senators Owen, Andrews, Arnold, Congrove, Epps, Hillman, Tebedo, Blickensderfer, Evans, Grampsas, Lamborn, Musgrave, and Teck--Concerning the prohibition of discrimination against employees based upon labor union participation.

Business Affairs & Labor

HB 99-1265 by Representatives Sinclair and Tapia; also Senators Dyer, Dennis, and Thiebaut-Concerning the authority of boards of county commissioners to impose restrictions on graffiti implements that may be used by juveniles.

Local Government

HB 99-1267 by Representatives Smith, George, Alexander, Berry, Larson, and Miller; also Senator Teck--Concerning the uranium mill tailings remedial action program.

Agriculture, Natural Resources, and Energy

HB 99-1268 by Representative Decker; also Senator Evans--Concerning special district elections.

Local Government

HB 99-1269 by Representatives King, Berry, Fairbank, Hefley, Lee, McKay, McPherson, Mitchell, Paschall, Pfiffner, Spradley, Stengel, Webster, and T. Williams; also Senator Owen--Concerning the reduction of workers' compensation benefits in cases where a claimant makes a materially deceptive statement as part of the job application process concerning the physical ability of the claimant to perform the requirements of the job.

Business Affairs & Labor

HB 99-1274 by Representatives King, Fairbank, Hefley, Lee, and McKay; also Senator Andrews--Concerning charter schools.

Education

HB 99-1275 by Representative Fairbank; also Senator Epps--Concerning the changes to the operating requirements of health maintenance organizations, and, in connection therewith, changing indemnity benefits, solvency requirements, and reporting requirements of health maintenance organizations.

Health, Environment, Welfare & Institutions

HB 99-1277 by Representative Grossman; also Senator Rupert--Concerning mandatory disclosure requirements for forfeiture provisions in agreements affecting persons in facilities providing residential care.

Judiciary

Finance

Appropriations

HB 99-1279 by Representatives Hagedorn, Tool, and Kaufman; also Senator Dennis--Concerning penalties for alcohol-related traffic offenses.

Transportation

Appropriations

HB 99-1281 by Representatives McKay, King, and Witwer; also Senator Teck--Concerning incentives for experienced licensed family child care home providers.

Health, Environment, Welfare & Institutions

Appropriations

HB 99-1283 by Representatives Spence, Coleman, Witwer, Decker, Kester, King, Lawrence, Stengel, Swenson, Tapia, Vigil, and Webster; also Senator Blickensderfer-Concerning limited immunity for the use of automated external defibrillators in emergency situations.

Judiciary

HB 99-1284 by Representative Spence; also Senator Evans--Concerning the elimination of the requirement that the state engineer be allowed the sum of ten dollars per diem for services rendered in connection with the settlement of a boundary dispute between two counties.

Local Government

HB 99-1288 by Representative Dean; also Senator Owen--Concerning the creation of a college savings program.

Education

SB 99-1289 by Representatives Berry and Smith; also Senators Andrews and Teck--Concerning a study of higher education.

Education

Appropriations

HB 99-1290 by Representatives Kaufman and McElhany; also Senator Evans--Concerning the limitation of civil actions involving breaches of fiduciary duty.

Judiciary

HB 99-1301 by Representatives Mitchell, Alexander, Allen, Clarke, Coleman, Fairbank, Hefley, Lee, Leyba, Morrison and Tochtrop; also Senator Owen--Concerning a prohibition on the requirement of donation of professional services as a condition of licensure in a regulated profession or occupation.

Judiciary

HB 99-1304 by Representative Grossman; also Senator Wham--Concerning the strengthening of the crime of burglary.

Judiciary

HB 99-1307 by Representative Vigil; also Senator Feeley--Concerning the continuation of the "Home and Community-based Services for Persons with Brain Injury Act".

Health, Environment, Welfare & Institutions

HB 99-1310 by Representative McElhany; also Senator Owen--Concerning the creation of an exemption from filing requirements for insurers providing coverage to exempt commercial policyholders.

Business Affairs & Labor

On motion of Senator Musgrave, the Senate adjourned until 9:00 a.m., Friday,

February 26, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate