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-first General Assembly

STATE OF COLORADO

First Extraordinary Session

1^st Legislative Day Wednesday, January 6, 1999

Call to By the President at 10:00 a.m.

Order

Prayer By the chaplain, Gene Grate, First Church of the Nazarene of Colorado Springs.

Present- The Colors and Pledge of Allegiance by Boy Scout Troop of America #526 of Aurora,

ation of Colorado.

Colors

Roll Call The roll call of the holdover Senators was called with the following result:

Present: Andrews, Arnold, Blickensderfer, Chlouber, Congrove, Feeley, Lacy, Linkhart, Martinez, Powers, Phillips, Reeves, Rupert, Tanner, Tebedo, Wattenberg, Weddig, Wham-

Total, 18.

COMMUNICATIONS FROM THE SECRETARY OF STATE

Credentials On motion of Senator Blickensderfer, and with the unanimous consent of the Senate, a Committee committee composed of Senators Chlouber, Lacy and Reeves was appointed by the President to serve as a Committee on Credentials.

The President announced that the Senate would be in recess so that the Committee on Credentials might prepare its report.

Senate in recess.

Senate reconvened.

SPECIAL COMMITTEE REPORT

Credentials

Report January 6, 1999

Mr. President:

Your Committee on Credentials, to which was referred the list of members of the Senate to the Sixty-second General Assembly of the State of Colorado, transmitted by the Secretary of State, begs leave to report that the persons named therein constitute a true and correct list of the members as shown by the election certificates and records in the office of the Secretary of State, and your committee recommends that the list so furnished and read be adopted as the temporary roll call of the Senate of the Sixty-second General Assembly of the State of Colorado.

SIGNED:

Senator Ken Choulber Senator Elsie Lacy

Senator Peggy Reeves

On motion of Senator Lacy, and with the unanimous consent of the Senate, the Report of the Committee on Credentials was adopted.

Roll Call The roll call of the Senators-elect was called with the following result:

Present: Anderson, Dennis, Dyer, Epps, Evans, Grampsas, Hernandez, Hillman, Lamborn, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Teck, Thiebaut--Total, 17.

Oath of Madame Chief Justice Mary Mullarkey administered the oath of office to all Senators-Office elect.

Roll Call The roll call of the entire Senate was called with the following result:

Present--Total 35.

Quorum The President announced a quorum present.

On motion of Senator Blickensderfer, and with the unanimous consent of the Senate, the temporary roll call of the Senate was made the permanent roll call.

Election of Senator Lacy nominated Senator Powers as President of the Senate.

President

Senator Feeley moved that the nominations for President be closed and that a unanimous vote be cast for Senator Powers as President. The motion was adopted by a unanimous vote.

__________________________________________________________

On motion of Senator Blickensderfer, and with the unanimous consent of those elected to the Senate, the Senate stood in recess to hear the opening day remarks of Senate President Ray Powers. The text of Senator Power's remarks are printed below.

__________________________________________________________

Thank you all for the high honor of being elected as President of this outstanding deliberative body. This will be a short speech. It is my desire that the citizens of Colorado judge us on what we accomplish collectively.....not by our rhetoric. Therefore, I am committed to less talk and more action.

In 1889, Edna D. Cheney wrote in Louisa May Alcott, her life, letters and journals this bit of poetry:

"A little kingdom I possess, where thoughts and feelings dwell;

and very hard the task I find, of governing it well."

This is the charge to all members of this body. What a talented group of public servants we have on both sides of the aisle here in the State Senate. I congratulate both our newly elected State Senators as well as our holdover Senators. Service to your state and country is a proud honor that is bestowed on very few Coloradans.

I trust that you, your family and friends are proud that you have been granted this privilege by the citizens of our state. This state and this nation are truly the last, best hope of mankind on the planet.

As I was preparing for the awesome task of leading the Senate, I noted these words from the Declaration of Independence. After the sentence referring to life, liberty and the pursuit of happiness.....the Constitutions states: "That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed."

Together, we are entering a new era of governance here in Colorado. The governed have spoken. This is the first time in over two decades that one party has been in control of the office of the Governor and both Houses of the Legislature. With this change comes a grave responsibility to fairness and equality.

Moving beyond partisan politics to work for the greater good of all our citizens, we must leave no one behind as we move toward the twenty first century. Together we can make this happen. It is said that over breakfast one morning, Thomas Jefferson asked George Washington how he could have supported a bi-cameral Congress.

"Why did you pour your coffee into your saucer," Washington replied....according to the tale. "To cool it," said a slightly puzzled Jefferson.

"Ever so," said Washington. "We pour legislation into the Senatorial saucer to cool it." Welcome to the Colorado State Senate, especially our new members from the House.

Now the task begins. Let's look at the recent past and the present for just a moment.

Our state is growing. The economy is strong. We have a revenue surplus to deal with the future looks bright. As I look forward to the new millennium, I see great promise.

However, many issues of public policy are lying in wait to severely test and challenge us. Our challenge is to make Colorado better in the year 2001 - than the state we inherited in 1999.

Now to the issues. I would begin with the revenue surplus. The power to tax by government at all levels must be treated with great care, or the power to tax becomes a tyranny. With the passage of amendment one and its attendant revenue and spending limitations, the character of the tax decisions we will make........ have forever changed.

Today, our citizens expect this Legislature to return the surplus.....and perhaps take steps to eliminate the need for this type of activity in future years. In politics and government......perception is reality. The perception is that Colorado is awash in money it cannot spend. However, this is not the case.

However, there is also a perception that dollars must be put behind a number of critical projects, such as: Transportation, K-12 education, higher education, corrections, growth, the environment, plus a host of additional areas. This leads us to the heart of the problem.

Nancy McCallin, outgoing Legislative Council Chief Economist and incoming head of the Governor's Office of State Planning and Budgeting, has given the Legislature a look at the good......the bad......and the ugly of tax reform for 1999 and beyond.

A new tax cut, whether its an income tax cut, a sales tax cut, or any combination of these two taxes.......or some other tax.....has an impact on other commitments that previous Legislative bodies have made.

In combination with the refund of excess Tabor revenues made during the past two special sessions........and the funding of yet unappropriated, on-going capital construction projects......a tax cut would either ---

* lower available general fund revenues and/or

* lower general fund reserves to levels that trigger mechanisms to automatically decrease highway funding as established in Senate Bill 1.

For example, a cut in the income tax rate from the current 5 percent to 4.75 percent would reduce the transfer of state sales and use tax revenues to the H.U.T.F. by $ 190 million over a three year period beginning in FY 2000-2001. Additionally, the amount of revenue available for additional capital construction projects and/or other rebates would be reduced by approximately 220 million dollars.

A cut in the income tax rate from the current 5 percent to 4.25 percent has an even greater impact. While it would completely wipe out the projected Tabor surplus for two years of the five years in the forecast, transfers to H.U.T.F. would be reduced by 343 million dollars. The amount of money available for additional capital construction projects would be reduced by $ 68 million dollars.

Additionally, the amount of general fund appropriations could be increased by only 2.9 percent for FY 2000-2001, or $ 155 million less than the six percent limitation would allow.

Several major issues will be directly affected by the decisions made regarding the surplus and available revenues. A sampling of these issues follows.

Let me caution you against inferring that if I don't mention an agency or issue, then it isn't high on the agenda of the legislature.

K-12 education.

First, some figures. In terms of the Denver-Boulder consumer price index, from 1979 to 1998........the value of a dollar increased by about 132 percent.

* in 1979 the budget for the Department of Education was just under 600 million dollars.

* the fiscal year 98-99 appropriation was two and one quarter Billion dollars, almost a four-fold increase. However, growth has been a major factor.

* graduation rates:

1979 - just under 79 percent

1991 - just over 80 percent

* dropout rates:

1986 - 4.4 percent

1998 - 3.5 percent

I have heard the request of the education establishment for more and more dollars. The Legislature funds additional dollars to K-12 education every year. Any improvement in our educational system will be a challenge we must address to move Colorado forward.

I support attempting to reduce class size, as well as a thorough analysis of the present school system, with possible corrective changes instead of simply accepting the status quo.

The court system is hearing a lawsuit dealing with capital construction in several school districts. The outcome of this issue may have a huge impact on how the Legislature appropriates general fund dollars.

In the State of Arizona, a state roughly our size, a judge ruled the state must spend 360 million dollars a year for capital construction. And....need I remind you of the judicial mandate in our corrections system under the Ramos case. Only time will tell.

Transportation. This budget has increased from approximately 542 million in 1995 to almost one billion dollars in 1999, and we're still seriously behind in addressing highway needs as identified by our highway commission.

Governor-elect Bill Owens has put forth a proposal to use federal highway revenues to back bonds for new highway construction. I'm carrying a bill to change the statutes to allow this procedure, assuming it passes Amendment One muster. Governor-elect Owens

has identified the I-25 corridor from Broadway to Lincoln Avenue as one of his top priorities. I, too, support the re-development of this corridor to include additional highway lanes and mass transit. A continued federal allocation would boost our ability to use new funding mechanisms. I continue to support the division of highway dollars using the state - municipal - county formula, and I urge Congress to concentrate on the importance of the West's trade needs and continued economic vitality. One of these projects is the establishment of interstate 25 as the Can-a-Mex corridor from Canada to Mexico.

Growth management continues to compete for space on Legislative agendas in 1999. I continue to be a strong proponent of local control over growth issues. Colorado needs to re-think the regulatory structure in this area. Perhaps we need to replace it with incentives for business and industry as well as cities and counties. The issue of enterprise zones no doubt will be on our agenda this year.

The same can be said for the environment as the state leverages financial aid to reinforce local options and the purchase of development rights to preserve open space and to guarantee the quality of life we Coloradans have come to expect.

I believe the key to our quality of life is the delicate balance we achieve between a strong and growing economy.....and our ability to protect our environment.

There has been much discussion regarding the settlement of the lawsuit with "big tobacco." I believe both Governor-elect Owens and State Treasurer-elect Mike Coffman have hit upon good ideas. Governor-elect Owens suggestion for investing in child health has much merit.

However, Treasurer-elect Coffman has suggested that we build a trust fund with the unexpended balance and use only the interest in areas referred to by the lawsuit settlement. This technique can create a funding source for health related issues well into the future....and long after the payments to the principle have disappeared.

In conclusion....let me remind you that we have many issues to address. We come from different viewpoints........... but collectively we must work together in a bi- partisan manner to address all of the needs of the citizens of Colorado.

I pledge to you that I will work with each and every one of you to make the 1999 legislative session a success. I challenge you to do the same.

Now, let's get to work. Thank you very much for your attention.

_______________________________________________________

On motion of Senator Blickensderfer, and with the unanimous consent of those elected to the Senate, the Senate stood in recess to hear the opening day remarks of Senate Minority Leader Michael Feeley. The text of Senator Feeley's remarks follow.

_______________________________________________________

Mr. President, members of the Senate and guests in the gallery. This is the 5^th year I have had the privilege of speaking to the Senate at the beginning of the legislative session. Earlier this week I had the opportunity to be present for the opening of the Kentucky state legislature.

Last November my younger brother was elected to the Kentucky legislature. I attended his swearing in and I could not have been prouder. That pride was, however, tempered by two facts. First, he was elected to the House of Representatives. Second, my brother is a Republican.

A couple of weeks ago I made the mistake of telling Senator Blickensderfer about this. Senator Blickensderfer has now warned me that every time I come to the microphone this year he is going to ask me whether or not I have checked with my brother.

I was very pleased to hear the opening remarks of Senator Powers. In response to his challenge that the members of the senate work in a bipartisan manner for the good of all citizens in Colorado, let me pledge the cooperation and support of the minority members.

We are entering a new era in Colorado politics. Individuals may disagree on whether the election of Bill Owens and the continued control of the legislature by the current majority is a blessing or curse, but everyone will agree with Senator Powers that it imposes a serious responsibility upon the majority.

This new era has given me pause to consider the role of the minority party and, of course, the role of the minority leader.

The genius of our process is that it is a process of debate and discussion. An opposition, an opposing view point is indispensable to the success of that process. Jefferson reminded us of the necessity of a Minority and told us that "difference of opinion leads to inquiry and inquiry to truth."

In our form of democracy, dissent is an act of faith, and conformity is a philosophy of indifference. We can be assured when the Majority and the Minority take the same side on an important issue without discussion, some great wrong is likely to be unleashed.

During the next 120 days we will be caught up in a frenzy of activity. There is a tendency for tempers to be short and positions intractable. Throughout this process we can only accomplish the best by respect for our differing opinions, and respect for the goodwill of one another. The Minority party must respect the will of the voters who placed control within the hands of the Republican leadership. The Majority party must respect the indispensable opposition essential to our success.

Senator Powers outlined the major issues we will face this year. It is my perspective that the education of our children should be our first concern. It is our responsibility to provide the opportunity for every Colorado child to succeed in our public schools. Every effort must be made to fully fund the School Finance Act.

Senator Powers noted our responsibility with regard to the tobacco settlement. I was extremely pleased to hear Governor-elect Owens= proposal that the first use of that money should be to fund the Colorado Children=s Health Care Program and maximize the leverage of federal funds. I have thanked him personally for his effort. To begin his administration by finally providing health insurance for all Colorado children is a wonderful beginning and he is to be commended.

The quality of our highways, the implications of rapid growth and the concern for the Colorado quality of life will shape the legislation we address this year. However, coming into this legislative session it seems that a major order of business is tax relief. But let me sound a note of caution.

We are living in the best of times, but there are always business cycles and always will be business cycles. While we all hope the positive economic climate continues unabated, it is unrealistic to assume that to be the case. A look at fairly recent Colorado history makes the point.

Let me take you back to 1962. In the 1962 election, the voters turned out the Democratic Governor Steve McNichols, and elected a young Republican, John Love. One of the major issues during that 1962 campaign was the enormous state surplus that had accumulated during good economic times. That state surplus had reached the then staggering amount of 15 million dollars. That=s 15 million, a far cry from the 563 million we addressed in last fall=s special session. The new Governor did not believe Colorado should accumulate that kind of surplus and he had campaigned on the promise of returning it to the taxpayers in the form of a tax credit. John Love was good to his word and caused to be introduced a bill providing for a temporary tax credit of 5 dollars for every thousand dollars paid. Governor Love knew that this could only be done on a temporary basis because of the cyclical nature of the Colorado economy.

But there were those in the legislature, and according to Lyle Kyle, with whom I have discussed this history, particularly members of the Senate, who felt that such a tax cut needed to be permanent. The legislation was amended, the tax cut was made permanent, and tax rates were reduced by one-half percent in every tax bracket. The legislators went home after that 1963 session happy with what they had accomplished.

But a funny thing happened. The Colorado economy turned in 1964. State revenue could not keep up with state needs. Our boom and bust economy started to bust. State government tried to tighten its belt, but by 1965 something had to be done. The legislature returned for the 1965 session and faced some difficult decisions. The income tax reductions were not eliminated, but the legislature passed an increase in the sales tax. In 1965, the Republicans controlled the Senate and the Democrats controlled the House.

Raising taxes was not a pleasant thing to do but the legislature had no real choice.

Now that was 1965 and it was possible for the elected representatives of the people to make those difficult decisions, cast a difficult vote, and insure continuity of state government. However, there is an intervening factor in existence today. The 1992 Tabor Amendment does not permit us to make those adjustments. In reality, our job is easier than that of our predecessors, we don=t have the authority to make the tough decisions like they did in 1965. But in reality the Tabor Amendment does not permit us to make those mistakes in the first place.

I tell this story not to suggest that we forego tax cuts this year. On the contrary, many people campaigned last fall and were elected having made promises to cut taxes, improve schools and improve roads. Senator Powers noted the difficulty of achieving these competing goals. If we leave here in May having achieved one of those goals at the expense of the other two, or two at the expense of the remaining goal, we will not have kept our promise. Caution should be our watchword - for one law we can never repeal is the law of unintended consequences.

Let me add my welcome to the new members of this body. There are only a few of us that are given the privilege to serve and help shape the future of our state in the Colorado Senate. It is a responsibility we can never take lightly and a privilege none of us will ever forget. I wish us all success this year and I look forward to working with Senator Powers, with Senator Blickensderfer, and every member of this body in our common interest to

continue this great experiment of democracy.

__________________________________________________________

Senate reconvened.

Election of Senator Chlouber nominated Senator Lamborn as President pro tem.

President

Pro Tem Senator Perlmutter moved that the nominations for President pro tem be closed and that a unanimous vote be cast for Senator Lamborn. The motion was adopted by a unanimous vote.

Election of On motion of Senator Blickensderfer, Patricia K. Dicks was elected to serve as Secretary Secretary of the Senate during the First Regular Session of the Sixty-second General Assembly. The motion was adopted by unanimous vote.

Oath of The President administered the oath of office to Patricia K. Dicks as Secretary of the Office Senate.

Temporary On motion of Senator Blickensderfer, and with the unanimous consent of the Senate, the

Rules Rules of the Senate of the Second Session of the Sixty-first General Assembly were made

the Temporary Rules of the First Regular Session of the Sixty-second General Assembly.

__________________________________________________________

On motion of Senator Blickensderfer, and with the unanimous consent of the Senate, the

President appointed Senators Wham, Teck and Weddig as members of the committee of

three to notify the House that the Senate was organized and ready for business.

_________________________________________________________

INTRODUCTION AND CONSIDERATION OF RESOLUTIONS

SJR 99-001 by Senators Blickensderfer, Powers, and Feeley; also Representatives Dean, George, and Gordon--Concerning the appointment of a joint committee to notify the governor that the first regular session of the sixty-second general assembly is organized and ready to transact business.

Concerning the appointment of a joint committee to notify the Governor that the first regular session of the sixty-second general assembly is organized and ready to transact business.

Be It Resolved by the Senate of the Sixty-second General Assembly of the State of Colorado, the House of Representatives concurring herein:

That a joint committee, consisting of two members of the Senate and three members of the House of Representatives, be appointed by the President of the Senate and the Speaker of the House of Representatives, respectively, to notify His Excellency, Governor Roy Romer, that the First Regular Session of the Sixty-second General Assembly of the state of Colorado is organized and ready for the transaction of business.

SJR 99-001 Senator Blickensderfer moved to suspend Senate Rule 30(b).

(Cont.)

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

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Anderson

Y

Evans

Y

Matsunaka

Y

Tanner

Y

Andrews

Y

Feeley

Y

Musgrave

Y

Tebedo

Y

Arnold

Y

Grampsas

Y

Nichol

Y

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

Y

Dennis

Y

Lamborn

Y

Phillips

Y

Wham

Y

Dyer

Y

Linkhart

Y

Reeves

Y

Mr. President

Y

Epps

Y

Martinez

Y

Rupert

Y

The President appointed Senators Dennis and Martinez to serve on the committee to notify the Governor pursuant to SJR 99-001.

SJR 99-002 by Senators Blickensderfer, Powers, and Feeley; also Representatives Dean, George, and Gordon--Concerning the adoption of the joint rules as the temporary rules of the sixty-second general assembly.

Concerning the adoption of the Joint Rules as the temporary rules of the Sixty-second General Assembly.

Be It Resolved by the Senate of the Sixty-second General Assembly of the State of Colorado, the House of Representatives concurring herein:

That the Joint Rules of the Senate and House of Representatives of the Sixty-first General Assembly be made the temporary Joint Rules of the Senate and House of Representatives of the Sixty-second General Assembly.

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

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

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

SJR 99-003 by Senators Blickensderfer, Powers, and Feeley; also Representatives Dean, George, and Gordon--Concerning a joint session of the house of representatives and the senate of the sixty-second general assembly for the purpose of canvassing the votes for certain officials at the election held November 3, 1998.

Concerning a joint session of the House of Representatives and the Senate of the Sixty-second General Assembly for the purpose of canvassing the votes for certain officials at the election held November 3, 1998.

Be It Resolved by the Senate of the Sixty-second General Assembly of the State of Colorado, the House of Representatives concurring herein:

That a Joint Session of the Senate and House of Representatives of the Sixty-second General Assembly shall be held in the House Chambers at 3:00 p.m. on January 6, 1999, for the purpose of canvassing the votes for certain officials at the election held November 3, 1998.

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

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

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

SJR 99-004 by Senators Blickensderfer, Powers, and Feeley; also Representatives Dean, George, and Gordon--Concerning employee grades and steps for the first regular session of the sixty-second general assembly.

SJR 99-004

(Cont.)

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

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

Amendment No. 1, by Senator Blickensderfer

Amend printed joint resolution, page 1, line 11, strike "Step 1" and substitute

"Step 1-";

strike line 18;

after line 21, insert the following:

"1 Assist. Sergeant-at-Arms Grade 62 Step 1".

A majority of all members elected to the Senate having voted in the affirmative, the amendment was adopted.

On motion of Senator Blickensderfer, the Resolution, as amended, was ADOPTED by the following roll call vote:

SR 99-001 by Senators Blickensderfer, Powers, and Feeley--Concerning the appointment of members of the senate to committees of the senate.

Concerning the appointment of members of the Senate to committees of the Senate.

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

That the committees of the Senate and the number and membership of each thereof to serve during the Sixty-second General Assembly shall be as follows:

AGRICULTURE, NATURAL RESOURCES, AND ENERGY - 7 members - Senators Wattenberg, Chairman; Chlouber, Vice-chairman; Dennis, Dyer, Hernandez, Hillman, and Phillips.

APPROPRIATIONS - 10 members - Senators Lacy, Chairman; Owen, Vice-chairman; Arnold, Chlouber, Grampsas, Lamborn, Phillips, Reeves, Tanner, and Thiebaut.

BUSINESS AFFAIRS AND LABOR - 9 members - Senators Anderson, Chairman; Teck, Vice-chairman; Chlouber, Grampsas, Hernandez, Matsunaka, Nichol, Phillips, and Wattenberg.

EDUCATION - 7 members - Senators Arnold, Chairman; Andrews, Vice-chairman; Anderson, Matsunaka, Pascoe, Teck, and Thiebaut.

FINANCE - 7 members - Senators Grampsas, Chairman; Lamborn, Vice-chairman; Andrews, Linkhart, Pascoe, Perlmutter, and Tebedo.

HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS - 7 members - Senators Epps, Chairman; Evans, Vice-chairman; Linkhart, Musgrave, Reeves, Rupert, and Wham.

JUDICIARY - 8 members - Senators Wham, Chairman; Arnold, Vice-chairman; Andrews, Epps, Evans, Perlmutter, Rupert, and Thiebaut.

LOCAL GOVERNMENT - 7 members - Senators Congrove, Chairman; Hillman, Vice-chairman; Anderson, Reeves, Rupert, Teck, and Weddig.

STATE, VETERANS, AND MILITARY AFFAIRS - 9 members - Senators Tebedo, Chairman; Congrove, Vice-chairman; Dyer, Hillman, Lamborn, Martinez, Musgrave, Pascoe, and Weddig.

TRANSPORTATION - 7 members - Senators Musgrave, Chairman; Dennis, Vice-chairman; Dyer, Epps, Evans, Nichol, and Thiebaut.

SENATE SERVICES - 3 members - Senators Powers, Chairman; Blickensderfer, Vice-chairman; and Feeley.

CAPITAL DEVELOPMENT - 3 Senate members - Senators Wham, Arnold, and Phillips.

JOINT BUDGET - 3 Senate members - Senators Lacy, Owen, and Tanner.

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:

SJR 99-005 by Senators Blickensderfer, Powers, and Feeley; also Representatives Dean, George, and Gordon--Concerning a joint session of the senate and the house of representatives of the sixty-second general assembly for the inauguration ceremonies.

Concerning a joint session of the Senate and the House of Representatives of the Sixty-second General Assembly for the inauguration ceremonies.

Be It Resolved by the Senate of the Sixty-second General Assembly of the State of Colorado, the House of Representatives concurring herein:

That a joint session of the Senate and the House of Representatives of the Sixty-second General Assembly shall be held on the State Capitol grounds on January 12, 1999, at 11:00 a.m. for the inauguration ceremonies and that the Senate and the House of Representatives shall recess at 11:00 a.m. on said date to participate in said ceremonies.

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

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

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

The President appointed Senators Blickensderfer and Feeley to escort Governor-elect Owens and Senators Wham and Martinez to escort Lt. Governor-elect Rogers pursuant to SJR 99-005.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

INTRODUCTION OF BILLS--FIRST READING

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

SB 99-001 by Senators Powers and Blickensderfer; also Representative Leyba--Concerning the participation of the state of Colorado in a western presidential primary election.

State, Veterans, & Military Affairs

SB 99-002 by Senator Tebedo--Concerning procedures for striking a signature from a petition to recall a public official upon the request of the signer.

State, Veterans, & Military Affairs

SB 99-003 by Senator Teck--Concerning governmental effectiveness, and, in connection therewith, providing for the creation of a task force to study the efficiency, effectiveness, and necessity of state and local governments and the commissioning of a review and analysis of Colorado's total tax revenues, tax expenditures, and fiscal policies.

Finance

SB 99-004 by Senator Powers; also Representative Pfiffner--Concerning the requirements imposed on the nonprofit activities of state-level entities.

State, Veterans, & Military Affairs

SB 99-005 by Senators Reeves, Feeley, Powers, and Tebedo; also Representatives Dean, Alexander, Berry, Johnson, Miller, and Saliman--Concerning requirements for the acquisition of service credit for the statewide defined benefit plan of the fire and police pension association.

State, Veterans, & Military Affairs

SB 99-006 by Senator Wham; also Representative Tool--Concerning payments for continuing care.

Health, Environment, Welfare & Institutions

SB 99-007 by Senator Weddig--Concerning adult assistance programs that are not federally funded.

Health, Environment, Welfare & Institutions

SB 99-008 by Senator Teck--Concerning the refund of state revenues in excess of the constitutional limitation on state fiscal year spending for four consecutive fiscal years, beginning with fiscal year 1998-99, through the temporary reduction of school districts' property tax rate levied for the operation of public schools.

Finance

Appropriations

SB 99-009 by Senators Evans and Powers; also Representatives Sullivant and Bacon--Concerning financial incentives for clean fuel vehicles, and, in connection therewith, creating a state sales and use tax exemption for specified motor vehicles, power sources for motor vehicles, and parts used for converting the power sources of motor vehicles that are certified to meet specified emission standards and removing the prohibition against a person covered by the clean fuel fleet program from receiving incentives from the state for purchasing a clean fuel vehicle.

Finance

Appropriations

SB 99-010 by Senator Weddig--Concerning persons authorized to perform physical examinations for applicants to the aid to the needy disabled program.

Health, Environment, Welfare & Institutions

SB 99-011 by Senator Matsunaka--Concerning the authority of a special district to waive charges against property within the district for the purpose of facilitating affordable housing.

Local Government

Appropriations

SB 99-012 by Senator Rupert; also Representative Paschall--Concerning the development of individual responsibility contracts under the Colorado works program.

Health, Environment, Welfare & Institutions

Appropriations

SB 99-013 by Senator Grampsas--Concerning the elimination of the prohibition against certain officials having interests in limited gaming licenses.

State, Veterans, & Military Affairs

SB 99-014 by Senators Lamborn, Powers, and Chlouber; also Representatives McElhany, Pfiffner, and Larson--Concerning a prohibition on local governments enacting certain local labor laws.

Local Government

SB 99-015 by Senator Phillips--Concerning authorization for a county to finance the acquisition of real property for public recreational use by entering into a lease purchase agreement.

Local Government

SB 99-016 by Senator Martinez--Concerning the confinement of aged persons in correctional facilities.

Judiciary

SB 99-017 by Senator Wham; also Representative Kaufman--Concerning continuation of the statutory authority for commissions that review judicial performance.

Judiciary

SB 99-018 by Senator Wham; also Representative George--Concerning a reduction in mandatory funding for art in juvenile facilities.

State, Veterans, & Military Affairs

SB 99-019 by Senator Tebedo--Concerning the limited licensure of physicians affiliated with a Shriners hospital for children for the sole purpose of evaluation and treatment of patients of a Shriners hospital for children.

Health, Environment, Welfare & Institutions

SB 99-020 by Senator Phillips; also Representative Zimmerman--Concerning the provision of additional moneys to governmental entities in the state for the purpose of addressing hazardous substance incidents, and making an appropriation therefor.

Local Government

Appropriations

SB 99-021 by Senator Linkhart and Rupert; also Representative Hagedorn--Concerning the requirement that each county adopt official written policies for its Colorado works program.

Health, Environment, Welfare & Institutions

Local Government

SB 99-022 by Senator Wham--Concerning coverage under a health benefit plan of health care services related to a woman's reproductive system provided by participating physicians who routinely practice women's reproductive system health care.

Health, Environment, Welfare & Institutions

SB 99-023 by Senator Arnold; also Representative Keller--Concerning the circumvention of dependency and neglect action requirements for the provision of mental health services to children at risk of out-of-home placement.

Health, Environment, Welfare & Institutions

Appropriations

SB 99-024 by Senator Epps--Concerning the taxing authority of a school district that is also a special district to support public recreational facilities.

Local Government

SB 99-025 by Senator Reeves--Concerning an adjustment of certain time requirements affecting elections.

State, Veterans, & Military Affairs

SB 99-026 by Senator Feeley--Concerning the establishment of a task force to study the fiscal policies of state and local governments in Colorado.

Finance

SB 99-027 by Senator Hillman--Concerning a change in the date on which precinct caucuses are held.

State, Veterans, & Military Affairs

SB 99-028 by Senator Nichol; also Representative Kaufman--Concerning a reduction in the percentage of votes cast for the winning candidate in certain elections by which a candidate loses that necessitates an automatic recount of the votes cast.

State, Veterans, & Military Affairs

SB 99-029 by Senator Grampsas; also Representative Spradley--Concerning the provision of additional revenue to municipal governments to meet expenses necessitated by the advent of limited gaming.

Finance

Appropriations

SB 99-030 by Senator Matsunaka; also Representative Kaufman--Concerning the exemption of voter-approved marketing and promotion taxes levied by a local marketing district from the statutory seven percent sales or use tax limit.

Finance

Appropriations

SB 99-031 by Senators Anderson, Chlouber, Lamborn, Phillips, Powers, Teck, and Wattenberg; also Representatives Berry, Ament, Dean, Leyba, May, McElhany--Concerning the authority of employee leasing companies to provide employer benefit plans on behalf of employees.

Business Affairs & Labor

SB 99-032 by Senators Tebedo, Feeley, Powers, and Reeves; also Representatives Johnson, Alexander, Berry, Dean, Miller, and Saliman--Concerning the selection of disability benefit options by members of the statewide death and disability plan who are members of the fire and police pension association.

State, Veterans, & Military Affairs

SB 99-033 by Senators Linkhart and Reeves; also Representatives Pfiffner, Leyba, and Taylor--Concerning mechanisms to ensure that enterprise zones meet the economic development objectives set forth for such zones in the urban and rural enterprise zone act.

Finance

Appropriations

SB 99-034 by Senator Musgrave; also Representative May--Concerning an increase in the minimum base period wage eligibility level required to receive unemployment benefits.

State, Veterans, & Military Affairs

Appropriations

SB 99-035 by Senators Powers, Linkhart, and Reeves; also Representatives Taylor, and Pfiffner--Concerning the inspection of certain manufactured units.

Business Affairs & Labor

SB 99-036 by Senator Arnold; also Representative Mitchell--Concerning residential construction in areas with expansive soils.

Business Affairs & Labor

SB 99-037 by Senators Arnold, Hernandez, and Tebedo; also Representatives Gotlieb, Allen, and Mace--Concerning the repeal of specific dropout programs, and, in connection therewith, repealing educational clinics for public school dropouts and the second chance program for problem students.

Education

SB 99-038 by Senators Hernandez, Arnold, and Tebedo; also Representative Mace--Concerning an increase in the age for compulsory school attendance.

Education

Appropriations

SB 99-039 by Senators Tebedo, Arnold, and Hernandez; also Representatives Mace and Gotlieb--Concerning reporting of dropout rates of students in secondary schools in the state.

Education

SB 99-040 by Senator Thiebaut; also Representative Smith--Concerning a statewide transportation policy, and, in connection therewith, developing improved intrastate commercial air service in Colorado.

Transportation

Appropriations

SB 99-041 by Senators Dyer and Perlmutter; also Representatives Swenson and T. Williams--Concerning traffic regulations relating to bicycles.

Transportation

SB 99-042 by Senator Dyer--Concerning the rule-making authority of the director of the division of workers' compensation.

Business Affairs & Labor

SB 99-043 by Senator Chlouber--Concerning the award of costs in actions for nuisance against agricultural operations.

Agriculture, Natural Resources, and Energy

SB 99-044 by Senator Teck; also Representatives Alexander and Berry--Concerning the distribution of vinous liquors at wine festivals pursuant to a wine festival permit.

Business Affairs & Labor

SB 99-045 by Senator Lacy; also Representative Dean--Concerning the creation of an electronic access program for the confidential release of employment information to consumer reporting agencies by the Colorado department of labor and employment, and, in connection therewith, authorizing the department to enter into contracts with consumer reporting agencies for the purpose of funding, designing, and implementing such program.

Business Affairs & Labor

SB 99-046 by Senator Epps; also Representative Morrison--Concerning the restructuring of the state board of nursing, and, in connection therewith, creating panels to investigate, adjudicate, and perform licensing functions.

Health, Environment, Welfare & Institutions

SB 99-047 by Senator Tanner--Concerning the"Colorado Wellness Program Act".

Health, Environment, Welfare & Institutions

Appropriations

SB 99-048 by Senator Blickensderfer; also Representative McPherson--Concerning the crime of motor vehicle theft.

Judiciary

SB 99-049 by Senator Rupert; also Representative Tate--Concerning expansion of the crime of ethnic intimidation, and, in connection therewith, changing the name of the crime to a hate crime.

Judiciary

Appropriations

SB 99-050 by Senator Arnold; also Representative Mitchell--Concerning sentencing considerations for certain serious offenders.

Judiciary

Appropriations

SB 99-051 by Senator Hernandez--Concerning the reduction of dropout rates in secondary schools through prevention and intervention programs.

Education

Appropriations

SB 99-052 by Senator Congrove--Concerning charter schools, and, in connection therewith, authorizing on-line educational programs, modifying deadlines and procedures for charter school applications, and specifying membership on review committees for charter school applications.

Education

SB 99-053 by Senator Pascoe--Concerning prevention of juvenile access to loaded handguns.

State, Veterans, & Military Affairs

SB 99-054 by Senator Andrews; also Representative Stengel--Concerning the creation of the Colorado health care trust fund in the state treasury.

Health, Environment, Welfare & Institutions

Appropriations

SB 99-055 by Senator Linkhart--Concerning a credit against state income tax for donations to schools in the state.

Education

Appropriations

SB 99-056 by Senator Perlmutter; also Representative Windels--Concerning prohibitions against the perpetration of fraud through the use of electronic media.

Judiciary

SB 99-057 by Senator Dennis; also Representative Mitchell--Concerning the economic regulation of telecommunications.

Business Affairs & Labor

SB 99-058 by Senator Owen--Concerning implementation of the national instant criminal background check system, and, in connection therewith, authorizing the Colorado bureau of investigation to serve as the state point of contact, to promulgate necessary rules, and to carry out duties as they are set forth in state law, and making an appropriation therefor.

State, Veterans, & Military Affairs

SB 99-059 by Senator Evans; also Representatives Kaufman and Gotlieb--Concerning creation of the Colorado scholar program.

Education

SB 99-060 by Senator Tanner--Concerning the operation of motor vehicles by persons under eighteen years, and, in connection therewith, creating a committee to evaluate the system of testing and educating drivers.

Transportation

Appropriations

SB 99-061 by Senator Anderson; also Representative Kaufman--Concerning parole of persons sentenced to the department of corrections.

Judiciary

Appropriations

__________________________________________________________

On motion of Senator Blickensderfer, and with the unanimous consent of the Senate, the President appointed Senator Hernandez to replace Senator Weddig on the committee to notify the House that the Senate was organized and ready for business.

__________________________________________________________

Senate in recess.

Senate reconvened.

__________________________________________________________

A committee composed of Representatives Ament, Alexander and Hagedorn reported to the Senate that the House was organized and ready for business.

__________________________________________________________

Senators Wham, Teck and Hernandez announced that the House had been informed that the Senate is organized and ready for business.

__________________________________________________________

Senate in recess.

Senate reconvened.

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

January 7, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate

YES 35		NO 0		EXCUSED 0		ABSENT 0
Anderson	Y	Evans	Y	Matsunaka	Y	Tanner	Y
Andrews	Y	Feeley	Y	Musgrave	Y	Tebedo	Y
Arnold	Y	Grampsas	Y	Nichol	Y	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	Y
Dennis	Y	Lamborn	Y	Phillips	Y	Wham	Y
Dyer	Y	Linkhart	Y	Reeves	Y	Mr. President	Y
Epps	Y	Martinez	Y	Rupert	Y