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
13th Legislative Day Monday, January 18,
1999
Call to By the President at 10:00 a.m.
Order
Prayer By the chaplain, Reverend Father Rocco Porter,
Queen of Peace Church, Aurora.
Roll Call Present--Total, 33.
Absent/Excused--Lacy, Wattenberg--Total 2.
Quorum The President announced a quorum present.
Reading of On motion of Senator Dyer, reading of the Journal of January 15th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
COMMITTEE OF REFERENCE REPORTS
Education After consideration on the merits, the
committee recommends that the following be postponed indefinitely:
SB99-038
Health, After consideration on the merits, the committee recommends that SB99-019 be
Environment, amended as follows and, as so amended, be referred to the Committee of the Whole with
Welfare and favorable recommendation:
Institutions
Amend printed bill, page 4, line 12, after "LICENSE", insert "AND NOT TO
EXCEED THE COST OF ADMINISTERING THE LICENSE.".
Health, After consideration on the merits, the committee recommends that SB99-012 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
Amend printed bill, page 2, strike lines 2 through
5, and substitute the following:
"new participant on or after June 3, 1997, who
is eighteen years of age or older, or who IS SIXTEEN YEARS OF
AGE OR OLDER BUT HAS NOT YET ATTAINED THE AGE OF EIGHTEEN YEARS
OF AGE AND has not completed high school or obtained a certificate
of high school equivalency and is not attending high school OR
PARTICIPATING IN A HIGH SCHOOL EQUIVALENCY PROGRAM. The INITIAL
assessment shall be completed no";
line 15, after "work.", add "THE COUNTY
DEPARTMENT SHALL SEEK THE INPUT AND INVOLVEMENT OF THE PARTICIPANT
WHEN DEVELOPING THE IRC.".
INTRODUCTION OF BILLS
The following bills were read by title and referred
to the committees indicated:
SB 99-109 by Senator Teck; also Representative McElhany--Concerning prohibited activities in connection with real estate brokerage relationships.
Business Affairs & Labor
SB 99-110 by Senator Feeley; also Representative McElhany--Concerning the regulation of telecommunications.
Business Affairs & Labor
MESSAGE 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 withdraw the following:
effective January 12, 1999:
Howard B. Gelt, of Denver, Colorado
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 1/15/99
P. Dicks, Secretary
____________________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Martin Luther King, Jr. Day remarks by Senator Gloria
Tanner are reprinted below:
Colleagues:
Today is a state holiday in honor and celebration of the Anniversary of Dr. Martin Luther King, Jr.'s Birthday.
So that this day becomes a day of hope, renewal and rededication to the ideas of Dr. King and as a tribute to Dr. King, each year on the third Monday of January, our country observes a national holiday honoring Martin Luther King, Jr.'s life, work and dream.
Although we are going about our busy schedule at the State Capitol, just as we do on President's Day and other holidays, in order to complete our agenda in 120 days. I appreciate you giving me a few moments of your time on this day to reflect on the life of this Prince of Peace.
A man who touched the lives of all by changing
the social justice of this country during his short life on
this earth.
Not only did he change the social justice in this
country, he paved the way for those nonviolent struggles for
freedom all over the world. It is not just the song "We
shall overcome"
which those freedom struggles have borrowed from the American
Civil Rights Movement. The same philosophy and methods of nonviolence
that we used to break down the walls of segregation in the United
States have been used to remove the Berlin Wall, the Iron Curtain
and to bring freedom with justice to people of South Africa
and China.
So this holiday affords us the opportunity to unite our brothers and sisters regardless of race, religion, cultural background or even economic status, in a universal cause that embraces our common humanity.
And colleagues, we must pursue this challenge as
never before. We must continue his work toward a society that
treats all men and women, whatever their origin, whatever the
color of their skin, with dignity and respect. We all know that
diversity makes us stronger - not weaker. Therefore, we must
accept and appreciate, even celebrate our differences, not strike
out at others and actually murder them because of their sexual
preference.
As I have said before we are all God's children. When we hurt, we all cry in the same color - let us never forget that a tear is raceless, sexless and colorless.
Also we must ensure that our communities are places where our children can learn, live, and grow up free from the fear of violence and drugs.
We must pass the King legacy on to our children,
whose ideals and attitudes will shape our society into the new
millennium.
With the new millennium just eleven months and two weeks away, let us head into the next century working together towards a society that extends great opportunities and awaken hope to build a better America for all of us.
Whether we are working or not, I believe we can truly make Dr. King's birthday a reality by using this day - his birthday, to recommit ourselves to truly work for peace, understanding and justice for all.
In closing, just let me quote the words of this
Prince of Peace, a man that I knew from my neighborhood in Atlanta,
Georgia, I quote the words of this drum major for peace and
justice:
"Now let us begin. Now let us rededicate
ourselves to the long and bitter - but beautiful - struggles
for a new world. This is the calling of the children of God,
and our children are waiting our response. Let us not tell
them that the struggle is too hard and the odds are too great.
The choice is ours, and though we might prefer it otherwise,
we must choose in this crucial time of human history."
Let us live the dream and always carry the spirit
in our hearts as we move into the new millennium. After all
the future depends on it!
___________________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Martin Luther King, Jr. Day remarks by Senator Dottie
Wham are reprinted below:
Colleagues:
I am proud to add my voice in honoring Dr. Martin
Luther King this morning. It is fitting and proper to set aside
this day for this tribute. Today, as we reflect on the legacy
of Dr. King, we all need to commit to the core values he so eloquently
articulated.
On August 28th, 1963 Dr. King made his
"I Have A Dream" speech in front of the Lincoln Memorial.
Dr. King made many speeches that dealt with his philosophies
and beliefs, but few received the coverage and acclaim as the
words he uttered on that day in August 35 years ago. I believe
Dr. King's philosophy on race in America has been, at least in
part, adopted and has become a part of the fabric of our morality.
Dr. King understood the roots and the history of
the civil rights movement in the United States. His tactics and
philosophy of integration and non-violence were validated when
the Congress passed, and President Lyndon Johnson signed the 1964
Civil Rights Act, and the 1995 Voter Rights Act.
However, Dr. King also understood that these United States could not and would not sustain racial progress without making dramatic inroads into economic progress for all of the under classes. Dr. King wrote about this in his 1967 book entitled, WHERE DO WE GO FROM HERE: CHAOS OR COMMUNITY. He suggested that the United States must begin to change our focus, from a materially-oriented society to a society that puts people first. He pointed out that a society can just as easily fail because of a lack of a moral and spiritual compass, as it can through economic and financial bankruptcy.
I believe we still do not have answers to some of
these difficult questions. I do believe we have made great strides,
directly attributable to the focus, vision and commitment of the
late Dr. King. Much work lies ahead, but we are all richer because
of the philosophy and ideals that Dr. King brought to the collective
conscience of all Americans.
In that same month, August of 1963, Dr. King uttered
these words. "Injustice anywhere is a threat to justice
everywhere." He wrote these words as a guest of the City
of Birmingham jail, and printed in the Atlantic Monthly. It was
true then, and is true today. Ideas in conflict are the basis
of our democracy, and how we handle the difficult issues marks
us as a people.
Dr. King commented on the measure of men when he
said, "The ultimate measure of a man is not where he stands
in moments of comfort and convenience, but where he stands at
times of challenge and controversy." I believe these are
the times Dr. King referred to in his comment. I suggest that
we, as a people, can meet this challenge.
Thank you.
______________________________
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 Epps, the following Governor's appointment was confirmed by a
roll call vote:
EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF HEALTH CARE POLICY AND FINANCING
for a term expiring at the pleasure of the Governor:
James T. Rizzuto, of Swink, Colorado
YES 33 | NO 0 | EXCUSED 2 | 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 | E |
Congrove | Y | Lacy | E | 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 |
On motion of Senator Epps, the following Governor's appointment was confirmed by a
roll call vote:
EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF HUMAN SERVICES
for a term expiring at the pleasure of the Governor:
Marva Livingston Hammons, of East Lansing, Michigan
YES 33 | NO 0 | EXCUSED 2 | 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 | E |
Congrove | Y | Lacy | E | 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 |
On motion of Senator Epps, the following Governor's appointment was confirmed by a
roll call vote:
EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
for a term expiring at the pleasure of the Governor:
Jane E. Norton, of Englewood, Colorado
YES 33 | NO 0 | EXCUSED 2 | 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 | E |
Congrove | Y | Lacy | E | 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 |
Committee On motion of Senator Arnold, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Arnold was called to the Chair to act
Whole as Chairman.
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman
reported that the following bills, reading at length having been
dispensed with by unanimous consent, had been considered and action
taken thereon as follows:
SB 99-043 by Sen. Chlouber; Rep. Miller--Protect
Farms Against Nuisance Suits
Laid over until Tuesday, January 19, retaining its
place on the calendar.
SB 99-031 by Sen. Anderson; Rep. Berry--Employee
Leasing Company Benefits
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, January 12, pages 45-46.)
Amendment No. 2, by Senator Anderson
Amend printed bill, page 2, line 21, strike "(8) (a) (II),
(8) (a) (VII), (8)" and substitute "(8)(a)(VII),";
line 22, strike "(a)(VIII)(B),".
Page 3, line 4, strike "to (VII) TO"
and substitute "to (VII)";
line 5, strike "(VI)";
strike lines 17 through 22.
Page 4, strike lines 1 through 7.
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-035 by Sen. Powers; Rep. Taylor--Inspection
Of Manufactured Units
Laid over until Tuesday, January 19, retaining
its place on the calendar.
SB 99-044 by Sen. Teck; Rep. Alexander--Wine Festival
Permits
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, January 12, page 48.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-066 by Sen. Grampsas; Rep. Witwer--Continue
Regulation Of Racing
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 99-017 by Sen. Wham; Rep. Kaufman--Continuing
Judicial Performance Comms
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 99-002 by Sen. Tebedo; Rep. Sinclair--Process
To Strike Recall Petition Sigs
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, January 14, page 57.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-046 by Sen. Epps; Rep. Morrison--Board Of Nursing
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, January 14, page 58.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-037 by Sen. Arnold; Rep. Gotlieb--Repeal Ed
Clinics & Second Chance Prog
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 99-039 by Sen. Tebedo; Rep. Mace--Dropout Definition
& District Reporting
Amendment No. 1, Education Committee Amendment
(Printed in Senate Journal, January 14, page 60.)
As amended, 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 Arnold, the Report of the Committee
of the Whole was adopted and, a majority of all members elected
having voted in the affirmative, the following action was taken:
SB 99-066, SB 99-017, SB 99-037, declared passed on Second Reading.
SB 99-031, as amended, SB 99-044 as amended, SB 99-002 as amended, SB 99-046 as amended, SB 99-039 as amended, declared passed on Second Reading.
SB 99-043, SB 99-035, laid over until Tuesday,
January 19, retaining their place on the calendar.
______________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of January 18, was laid over until Tuesday, January 19, retaining its place on the calendar.
______________________________
On motion of Senator Blickensderfer, the Senate adjourned
until 9:00 a.m., Tuesday, January 19, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate