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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

52^nd Legislative Day Friday, February 26, 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, 33.

Absent/Excused--Anderson, Perlmutter--Total, 2.

Quorum The President announced a quorum present.

Reading of On motion of Senator Nichol, reading of the Journal of February 25^th 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 House amendments to Senate bills.

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS

SB 99-031 by Sen. Anderson; Rep. Berry--Employee Leasing Company Benefits

Laid over until Monday, March 1, retaining its place on the calendar.

SB 99-177 by Sen. Lacy; Rep. Tool--Suppl Approp Dept Of Education

Senator Lacy moved that the Senate concur in House amendments to SB99-177, as printed

in House Journal, February 22, page 549. The motion was adopted by the following roll

call vote:

YES 33

NO 0

EXCUSED 2

ABSENT 0

Anderson
E
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
E
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
Y
Matsunaka
Y
Sullivant
Y

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
E
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
E
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
Y
Matsunaka
Y
Sullivant
Y

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

as amended, was declared REPASSED.

SB 99-180 by Sen. Lacy; Rep. Tool--Suppl Approp Dept Of Human Servs

Senator Lacy moved that the Senate concur in House amendments to SB99-180, as printed

in House Journal, February 22, page 550. The motion was adopted by the following roll

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

as amended, was declared REPASSED.

SB 99-182 by Sen. Lacy; Rep. Tool--Suppl Approp Dept Of Labor & Employment

Senator Lacy moved that the Senate concur in House amendments to SB99-182, as printed

in House Journal, February 22, page 550. The motion was adopted by the following roll

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

as amended, was declared REPASSED.

SB 99-187 by Sen. Lacy; Rep. Tool--Suppl Approp Dept Of Natural Resources

Senator Lacy moved that the Senate concur in House amendments to SB99-187, as printed

in House Journal, February 22, page 551. The motion was adopted by the following roll

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

as amended, was declared REPASSED.

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

of the for consideration of General Orders and Senator Musgrave 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:

HB 99-1077 by Rep. Taylor; Senator Reeves--Risk Management Pilot Program

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

HB 99-1057 by Rep. Larson; Sen. Teck--Retention Reqs For Title Ins Docs

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

HB 99-1123 by Rep. Webster; Senator Chlouber--Water Conservancy District Boundaries

Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment

(Printed in Senate Journal, February 19, page 329.)

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

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

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

HB 99-1089 by Rep. Paschall; Senator Rupert--Cash Assistance Under Colo Works

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

HB 99-1017 by Rep. Chavez; Senator Reeves--Appeals Of Ind Resp Contracts

Amendment No. 1, Health, Environment, Welfare and Institutions Amendment

(Printed in Senate Journal, February 19, page 329.)

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

HB 99-1156 by Rep. Lee; Senator Andrews--Restorative Justice For Jv Justice Systm

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, February 19, page 330.)

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

HB 99-1061 by Rep. T. Williams; Sen. Dennis--Unemployment Benefits

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 18, page 309.)

Amendment No. 2, by Senator Dennis

Strike the committee amendment, as printed in Senate Journal, February 18, page 309, lines 10 through 19 and substitute the following:

"Amend reengrossed bill, page 3, line 18, after "ABUSE;" insert "AND";

line 21, strike "ABUSE; AND" and substitute "ABUSE.".

strike lines 22 through 24.

Page 4, after line 6, insert the following:

"(IV) IF A DETERMINATION IS MADE FOR GRANTING A FULL AWARD, THE DIVISION SHALL CERTIFY AND NOTIFY THE EMPLOYER THAT NO PRIOR AWARD UNDER THE PROVISIONS OF THIS PARAGRAPH (r) HAS BEEN MADE TO THE WORKER WITHIN THE PRECEDING THREE YEARS.".".

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

HB 99-1047 by Rep. Allen; Sen. Arnold--Financial Aid At Priv Occ Schools

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, February 19, page 331.)

As amended, laid over until Monday, March 1, retaining its place on the calendar.

HB 99-1049 by Rep. Paschall; Senator Arnold--Applicability Date Of Selection Of IME

Laid over until Monday, March 1, retaining its place on the calendar.

HB 99-1157 by Rep. Ament; Senator Owen--Work Comp Exclusive Schedule For PPD

Laid over until Monday, March 1, retaining its place on the calendar.

HB 99-1100 by Rep. Tapia; Senator Dennis--Resident Bidder Bid Preference

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 23, page 352.)

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

HB 99-1105 by Rep. Berry; Senator Arnold--Work Comp TTD Criteria

Laid over until Monday, March 1, retaining its place on the calendar.

HB 99-1073 by Rep. Gordon; Sen. Blickensderfer--Division Of PERA In Dom Rel Cases

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, February 24, page 357.)

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

HB 99-1048 by Rep. Pfiffner; Sen. Hillman--Gov Delinquency Charge Regulations

Laid over until Monday, March 1, retaining its place on the calendar.

HB 99-1091 by Rep. Hagedorn; Senator Linkhart--Individuals Excluded From Colorado Works

Amendment No. 1, Health, Environment, Welfare and Institutions Amendment

(Printed in Senate Journal, February 19, page 329.)

Amendment No. 2, by Senator Linkhart

Amend reengrossed bill, page 3, after line 15, insert the following:

"(3) (a) THE COUNTY DEPARTMENT SHALL, WHERE AVAILABLE AND APPLICABLE, PROVIDE FOR OR REFER A DISQUALIFIED OR EXCLUDED PERSON TO OTHER APPROPRIATE SERVICES, INCLUDING SERVICES THAT MAY ASSIST THE PERSON TOWARD SELFSUFFICIENCY.

(b) NOTHING IN THIS SUBSECTION (3) SHALL BE CONSTRUED TO CREATE ANY ENTITLEMENT FOR SERVICES OR TO REQUIRE ANY COUNTY TO EXPEND RESOURCES IN ADDITION TO EXISTING APPROPRIATIONS.".

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

SB 99-201 by Sen. Lacy; Rep. Berry--Fair Authority Exempt From Procure Code

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 Musgrave, 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:

SB99-201; HB99-1077, 99-1057, 99-1089, 99-1094 declared passed on Second Reading.

HB99-1123 as amended, 99-1017 as amended, 99-1156 as amended, 99-1061 as amended, 99-1100 as amended, 99-1073 as amended, 99-1091 as amended, declared

passed on Second Reading.

HB99-1049, 99-1157, 99-1105, 99-1048, laid over until Monday, March 1, retaining their

place on the calendar.

HB99-1047, as amended, laid over until Monday, March 1, retaining its place on the

calendar.

CONSIDERATION OF RESOLUTIONS

HJR 99-1004 by Rep. Young; Senator Wattenberg--Water Pollution Eligibility List

On motion of Senator Wattenberg, the Resolution was ADOPTED by the following roll call vote:

YES 33

NO 0

EXCUSED 2

ABSENT 0

Anderson
E
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
E
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
Y
Matsunaka
Y
Sullivant
Y

Co-sponsors added: Chlouber, Powers.

HJR 99-1005 by Rep. Young; Senator Wattenberg--Drinking Water Eligibility Act

Co-sponsors added: Chlouber, Dyer, Martinez, Phillips, Powers, Sullivant.

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-206.

Services

COMMITTEE OF REFERENCE REPORTS

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

Environment, referred favorably to the Committee of the Whole: HB99-1143 Welfare and

Institutions

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

Government referred favorably to the Committee of the Whole: HB99-1065

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

Government referred favorably to the Committee of the Whole: HB99-1067

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

Government referred favorably to the Committee of the Whole: HB99-1083

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

Natural referred favorably to the Committee on Appropriations: HB99-1111

Resources

and Energy

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

Natural referred favorably to the Committee of the Whole: HB99-1122

Resources

and Energy

Agriculture, After consideration on the merits, the committee recommends that HB99-1229 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 2, strike "NOT FOUND OR NO LONGER FOUND".

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

Natural referred favorably to the Committee on Appropriations: HB99-1132

Resources

and Energy

Judiciary After consideration on the merits, the committee recommends that HB99-1172 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 5, strike lines 22 through 26 and substitute the following:

"SUCH NOTICE SHALL BE GIVEN AT THE TIME OF ARRAIGNMENT; EXCEPT THAT THE COURT, FOR GOOD CAUSE SHOWN, SHALL PERMIT THE DEFENDANT TO INFORM THE COURT AND PROSECUTION OF THE INTENT TO INTRODUCE SUCH EVIDENCE AT ANY TIME PRIOR TO TRIAL. ANY PERIOD OF DELAY CAUSED BY THE EXAMINATION AND REPORT PROVIDED FOR IN SECTION 16-8-106 SHALL BE EXCLUDED, AS PROVIDED IN SECTION 18-1-405 (6) (a), C.R.S., FROM THE TIME WITHIN WHICH THE DEFENDANT MUST BE BROUGHT TO TRIAL.".

Page 6, strike lines 1 through 6.

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB99-1162

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB99-1173

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: SB99-073

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: SB99-030

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: SB99-011

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: SB99-088

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: SB99-153

Approp- After consideration on the merits, the committee recommends that SB99-090 be

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

Amend the State, Veterans, and Military Affairs amendment, as printed in the Senate Journal, February 4, page 165, after line 30 insert the following:

"Page 12, after line 24, insert the following:

"SECTION 11. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".

Renumber succeeding sections accordingly.".

MESSAGE FROM THE CAPITAL DEVELOPMENT COMMITTEE

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

re-referred to the Senate Judiciary Committee: SB99-199

JOURNAL CORRECTION

Amend Senate Journal, February 25, page 364, strike lines 61 through 72 and page 365,

strike lines 1 and 2, and substitute the following:

MESSAGE FROM THE HOUSE

February 25, 1999

Mr. President:

The House has postponed indefinitely SB99-094. The bill is returned herewith.

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

March 1, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate

YES 33		NO 0		EXCUSED 2		ABSENT 0
Anderson	E	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	E	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	Y	Matsunaka	Y	Sullivant	Y