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

7th Legislative Day Tuesday, January 12, 1999


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

Order

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

Roll Call Present--Total, 30

Absent/Excused--Lacy, Linkhart, Matsunaka, Wattenberg, Wham--Total, 5

Present later--Lacy, Linkhart, Wham.

Quorum The President announced a quorum present.

Reading of On motion of Senator Andrews, reading of the Journal of January 11th 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 General Orders calendar of Tuesday, January 12, was laid over until Wednesday, January 13, retaining its place on the calendar.

__________________________

Senate in recess.

Senate reconvened.



SENATE SERVICES REPORT

Senate Correctly printed: SB 99-1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,

Services 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108; SJR 99-1, 2, 3, 5, 6; SR 99-1, 2, 3.

Correctly engrossed: SJR 99-4, 7.


COMMITTEE OF REFERENCE REPORTS

Business After consideration on the merits, the committee recommends that SB99-031 be

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

and Labor favorable recommendation:

Amend printed bill, page 2, line 7, strike "EMPLOYEE BENEFIT" and substitute "HEALTH BENEFIT";

strike line 19 and substitute the following:

"THE EMPLOYEE LEASING COMPANY".

Page 3, strike lines 23 through 26 and substitute the following:

"(VII) For health benefit plans newly issued and all health benefit plans renewed on and after January 1, 1998, no rate adjustment factor shall be used. except as provided in subparagraph (X) of this paragraph (a).".

Business After consideration on the merits, the committee recommends that SB99-035 be

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

and Labor favorable recommendation:

Amend printed bill, page 3, line 24, strike "SECTIONS 24­32­708.5 AND 24­32­903.5;" and substitute "SECTION 24­32­708.5;".

Page 4, line 1, strike "AND PART 9";

line 3, strike "(1) (b), Colorado Revised Statutes, is" and substitute "(1) (b) and (1) (f), Colorado Revised Statutes, are";

after line 10, insert the following:

"(f)  To promulgate rules and regulations concerning the safety of equipment of camper trailers and camper coaches and to perform the functions provided in part 9 of this article;".

Page 8, strike lines 4 through 26.

Strike pages 9 through 11.

Page 12, strike lines 1 through 6 and substitute the following:

"hereby declares that there is a need for regulation in the manufacture of equipment for camper trailers and camper coaches RECREATIONAL PARK TRAILERS AND RECREATIONAL VEHICLES SOLD IN COLORADO SHOULD COMPLY WITH NATIONAL INDUSTRY STANDARDS to ensure the safety of occupants using them for temporary living and sleeping accommodations. In enacting this part 9, the general assembly provides that the division of housing, created pursuant to part 7 of this article, shall establish through the board such rules and regulations concerning equipment of camper trailers and camper coaches as it deems necessary to ensure the safety of such coaches and trailers.

SECTION 12.  24­32­902, Colorado Revised Statutes, is amended to read:

24­32­902.  Definitions. As used in this part 9, unless the context otherwise requires:

(1)  "Board" means the state housing board created by part 7 of this article.

(2)  "Camper coach" means an item of mounted equipment, weighing more than five hundred pounds, which when temporarily or permanently mounted on a motor vehicle adapts such vehicle for use as temporary living or sleeping accommodations.

(3)  "Camper trailer" means a wheeled vehicle without motive power which is designed to be drawn by a motor vehicle over the public highways and which is generally and commonly used for temporary living or sleeping accommodations.

(4)  "Division means the division of housing created by part 7 of this article.

(5)  "CAMPING TRAILER" MEANS A VEHICLE THAT MEETS THE DEFINITION OF "CAMPING TRAILER" SET FORTH IN THE AMERICAN NATIONAL STANDARDS INSTITUTE'S (ANSI'S) STANDARD A119.2 OR ANY AMENDMENT THERETO.

(6)  "FIFTH WHEEL TRAILER" MEANS A VEHICLE THAT MEETS THE DEFINITION OF "FIFTH WHEEL TRAILER" SET FORTH IN THE AMERICAN NATIONAL STANDARDS INSTITUTE'S (ANSI'S) STANDARD A119.2 OR ANY AMENDMENT THERETO.

(7)  "MOTOR HOME" MEANS A MOTOR VEHICLE DESIGNED TO PROVIDE TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING, OR TRAVEL USE, BUILT ON OR PERMANENTLY ATTACHED TO A SELF­PROPELLED MOTOR VEHICLE CHASSIS OR ON A CHASSIS CAB OR VAN THAT IS AN INTEGRAL PART OF THE COMPLETED VEHICLE.

(8)  "RECREATIONAL PARK TRAILER" MEANS A TRAILER-TYPE UNIT THAT IS PRIMARILY DESIGNED TO PROVIDE TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING, OR SEASONAL USE, THAT IS BUILT ON A SINGLE CHASSIS MOUNTED ON WHEELS, AND THAT HAS A GROSS TRAILER AREA OF NOT MORE THAN FOUR HUNDRED SQUARE FEET OR THIRTY­SEVEN AND FIFTEEN ONE­HUNDREDTHS SQUARE METERS IN THE SET­UP MODE.

(9)  "RECREATIONAL VEHICLE" MEANS A VEHICLE DESIGNED TO BE USED PRIMARILY AS TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING, TRAVEL, OR SEASONAL USE THAT EITHER HAS ITS OWN MOTOR POWER OR IS MOUNTED ON OR TOWED BY ANOTHER VEHICLE. "RECREATIONAL VEHICLE" INCLUDES CAMPING TRAILERS, FIFTH WHEEL TRAILERS, MOTOR HOMES, TRAVEL TRAILERS, AND TRUCK CAMPERS.

(10)  "TRAVEL TRAILER" MEANS A VEHICLE THAT MEETS THE DEFINITION OF "TRAVEL TRAILER" SET FORTH IN THE AMERICAN NATIONAL STANDARDS INSTITUTE'S (ANSI'S) STANDARD A119.2 OR ANY AMENDMENT THERETO.

(11)  "TRUCK CAMPER" MEANS A VEHICLE THAT MEETS THE DEFINITION OF "TRUCK CAMPER" SET FORTH IN THE AMERICAN NATIONAL STANDARDS INSTITUTE'S (ANSI'S) STANDARD A119.2 OR ANY AMENDMENT THERETO.

SECTION 13.  Part 9 of article 32 of title 24 is amended BY THE ADDITION OF A NEW SECTION to read:

24­32­904.5.  Compliance with national standards ­ recreational park trailers ­ recreational vehicles. (1)  NO PERSON, PARTNERSHIP, FIRM, CORPORATION, OR ANY OTHER ENTITY MAY MANUFACTURE, SELL, OR OFFER FOR SALE WITHIN THIS STATE:

(a)  ANY NEW RECREATIONAL VEHICLE THAT IS NOT MANUFACTURED IN COMPLIANCE WITH THE AMERICAN NATIONAL STANDARDS INSTITUTE'S (ANSI'S) STANDARD A 119.2 FOR RECREATIONAL VEHICLES OR ANY AMENDMENT THERETO; OR

(b)  ANY NEW RECREATIONAL PARK TRAILER THAT IS NOT MANUFACTURED IN COMPLIANCE WITH THE AMERICAN NATIONAL STANDARDS INSTITUTE'S (ANSI'S) STANDARD A 119.5 FOR RECREATIONAL PARK TRAILERS.

SECTION 14.  24­32­907, Colorado Revised Statues, is amended to read:

24­32­907.  Injunctive relief. The state director of housing may request the appropriate court to enjoin the sale or delivery of any camper trailer or camper coach RECREATIONAL PARK TRAILER OR RECREATIONAL VEHICLE upon an affidavit, specifying the manner in which the camper trailer or camper coach SUCH VEHICLE does not conform to the requirements of this part 9. or the rules and regulations promulgated pursuant to this part 9. The director may suspend the authority of a manufacturer to affix insignias while injunctive relief is being sought.

SECTION 15.  23­32­909, Colorado Revised Statutes, is amended to read:

24­32­909.  Violation ­ penalty. Any person violating any provision of this part 9 or any rule or regulation adopted pursuant to this part 9 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars.

SECTION 16.  Repeal. Sections 24­32­903, 24­32­904, 24­32­905, 24­32­906, and 24­32­908, Colorado Revised Statutes, are repealed.".

Renumber succeeding section accordingly.

Business After consideration on the merits, the committee recommends that SB99-044 be

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

and Labor favorable recommendation:

Amend printed bill, page 4, line 17, strike "NO FINE LEVIED" and substitute "NO JOINT FINE LEVIED".

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

Affairs referred favorably to the Committee of the Whole: SB99-066

and Labor

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: SB99-017

MESSAGES FROM THE GOVERNOR

January 12, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, and submit to your consideration, the following:

COMMISSIONER OF AGRICULTURE

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Donald D. Ament, of Iliff, Colorado

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 1/12/99

P. Dicks, Secretary

Committee on Agriculture, Natural Resources and Energy

January 12, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, and submit to your consideration, the following:

EXECUTIVE DIRECTOR OF THE

DEPARTMENT OF CORRECTIONS

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

John W. Suthers, of Colorado Springs, Colorado

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 1/12/99

P. Dicks, Secretary

Committee on Judiciary

January 12, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, and submit to your consideration, the following:

EXECUTIVE DIRECTOR OF THE

DEPARTMENT OF HEALTH CARE POLICY

AND FINANCING

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

James T. Rizzuto, of Swink, Colorado

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 1/12/99

P. Dicks, Secretary

Committee on Health, Environment, Welfare and Institutions

January 12, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, and submit to your consideration, the following:

EXECUTIVE DIRECTOR OF THE

DEPARTMENT OF HUMAN SERVICES

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Marva Livingston Hammons, of East Lansing, Michigan

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 1/12/99

P. Dicks, Secretary

Committee on Health, Environment, Welfare and Institutions

January 12, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, and submit to your consideration, the following:

EXECUTIVE DIRECTOR

COLORADO COMMISSION ON HIGHER EDUCATION

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Timothy E. Foster, of Grand Junction, Colorado

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 1/12/99

P. Dicks, Secretary

Committee on Education

January 12, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, and submit to your consideration, the following:

EXECUTIVE DIRECTOR OF THE

DEPARTMENT OF LABOR AND EMPLOYMENT

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Vickie L. Armstrong, of Arvada, Colorado

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 1/12/99

P. Dicks, Secretary

Committee on Business Affairs and Labor

January 12, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, and submit to your consideration, the following:

EXECUTIVE DIRECTOR OF THE

DEPARTMENT OF LOCAL AFFAIRS

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Bob Brooks, of Durango, Colorado

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 1/12/99

P. Dicks, Secretary

Committee on Local Government

January 12, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, and submit to your consideration, the following:

EXECUTIVE DIRECTOR OF THE

DEPARTMENT OF NATURAL RESOURCES

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Greg E. Walcher, of Grand Junction, Colorado

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 1/12/99

P. Dicks, Secretary

Committee on Agriculture, Natural Resources and Energy

January 12, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, and submit to your consideration, the following:

EXECUTIVE DIRECTOR OF THE

DEPARTMENT OF PERSONNEL/

GENERAL SUPPORT SERVICES

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Larry E. Trujillo, Sr., of Pueblo, Colorado

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 1/12/99

P. Dicks, Secretary

Committee on Business Affairs and Labor

January 12, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, and submit to your consideration, the following:

EXECUTIVE DIRECTOR OF THE

DEPARTMENT OF PUBLIC HEALTH

AND ENVIRONMENT

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Jane E. Norton, of Englewood, Colorado

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 1/12/99

P. Dicks, Secretary

Committee on Health, Environment, Welfare and Institutions

January 12, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, and submit to your consideration, the following:

EXECUTIVE DIRECTOR OF THE

DEPARTMENT OF PUBLIC SAFETY

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Aristedes W. Zavaras, of Denver, Colorado

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 1/12/99

P. Dicks, Secretary

Committee on Judiciary

January 12, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, and submit to your consideration, the following:

EXECUTIVE DIRECTOR OF THE

DEPARTMENT OF REGULATORY AGENCIES

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

M. Michael Cooke, of Highlands Ranch, Colorado

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 1/12/99

P. Dicks, Secretary

Committee on Business Affairs and Labor

January 12, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, and submit to your consideration, the following:

EXECUTIVE DIRECTOR OF THE

DEPARTMENT OF REVENUE

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Fred Fisher, of New Castle, Colorado


Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 1/12/99

P. Dicks, Secretary

Committee on Finance

January 12, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint, and submit to your consideration, the following:

EXECUTIVE DIRECTOR OF THE

DEPARTMENT OF TRANSPORTATION

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Thomas E. Norton, of Greeley, Colorado


Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 1/12/99

P. Dicks, Secretary

Committee on Transportation

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

January 13, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate