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SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

16th Legislative Day Thursday, January 21, 1999


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

Order

Prayer By the chaplain, Reverend Father Rocco Porter, Queen of Peace Church, Aurora.

Roll Call Present--Total, 31.

Absent/Excused--Lacy, Matsunaka, Thiebaut, Wattenberg--Total, 4.

Present later--Thiebaut, Wattenberg.

Quorum The President announced a quorum present.

Reading of On motion of Senator Dyer, reading of the Journal of January 20th was

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-111, 112, 113.

Services

Correctly enrolled: SJR 99-1, 2, 3, 4, 5, 7, 8; SR 99-1, 2, 3, 4.


COMMITTEE OF REFERENCE REPORTS

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

portation referred favorably to the Committee of the Whole: SB 99-041

State, After consideration on the merits, the committee recommends that SB 99-018 be

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

and Military with favorable recommendation:

Affairs

Amend printed bill, page 2, line 12, strike "EACH" and substitute "ON AND AFTER JANUARY 1, 1998, EACH";

line 13, after "JUVENILE", insert "CORRECTIONAL";

line 23, after ""JUVENILE", insert "CORRECTIONAL";

strike lines 24 and 25 and substitute the following:

"ANY FACILITY OPERATED BY OR UNDER CONTRACT WITH THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 19­2­403, C.R.S.".

Page 1, line 101, after "JUVENILE", insert "CORRECTIONAL".




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

Veterans, postponed indefinitely: SB 99-013

and Military

Affairs




State, After consideration on the merits, the committee recommends that SJR 99-006 be

Veterans, amended as follows and, as so amended, be referred to the Senate for final action:

and Military

Affairs

Amend printed joint resolution, page 2, strike lines 16 through 18 and substitute the following:

"That the Congress of the United States is urged to oppose federal legislation that would mandate participation by police officers and firefighters in the federal social security system.".

Page 1, strike lines 101 through 103 and substitute the following:

"CONCERNING THE COLORADO GENERAL ASSEMBLY'S OPPOSITION TO FEDERAL LEGISLATION THAT WOULD MANDATE PARTICIPATION BY POLICE OFFICERS AND FIREFIGHTERS IN THE FEDERAL SOCIAL SECURITY SYSTEM.".

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB 99-033

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB 99-009

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB 99-030

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB 99-029

Business After consideration on the merits, the committee recommends that SB 99-071 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, strike lines 13 and 14, and substitute the following:

"(c) A LIST OF THE";

line 19, after "THE", insert "CALLING CARD".

Page 4, line 9, strike the second "THE";

strike lines 10 through 12;

line 13, strike "PERIOD,".


Business After consideration on the merits, the committee recommends that SB 99-057 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 1, strike lines 2 through 5.

Page 2, strike lines 1 through 4.

Renumber succeeding sections accordingly.

Page 3, line 4, strike "THROUGH LEGAL PROCESS";

strike lines 5 through 7 and substitute the following:

"COMMISSION OR ANY OTHER PERSON WITHOUT EITHER:

(a)  THE PRIOR WRITTEN CONSENT OF THE PERSON PROVIDING SUCH INFORMATION, DOCUMENTS, OR COPIES; OR

(b)  A COURT ORDER ISSUED PURSUANT TO SECTION 24­72­204 (5), C.R.S.".

Page 4, line 3, strike "40­15­203.5," and substitute "40­15­203.5 OR 40­15­503 (2) (d),";

line 6, after "SERVICE.", insert "FOR A SMALL LOCAL EXCHANGE PROVIDER SUBJECT TO SIMPLIFIED REGULATORY TREATMENT UNDER SECTION 40­15­203.5 OR 40­15­503 (2) (d), BASIC LOCAL EXCHANGE SERVICE SHALL BE REGULATED AS PROVIDED IN SUBSECTION (2) OF THIS SECTION.".

Page 5, line 1, after "(1)", insert "(a)";

line 14, strike "40­15­203.5," and substitute "40­15­203.5 OR 40­15­503 (2) (d),";

after line 21, insert the following:

"(b)  FOR A SMALL LOCAL EXCHANGE PROVIDER SUBJECT TO SIMPLIFIED REGULATORY TREATMENT UNDER SECTION 40­15­203.5 OR 40­15­503 (2) (d), PRICE CEILINGS SHALL BE ESTABLISHED FOR ALL PRODUCTS AND SERVICES REGULATED UNDER THIS PART 3 AS FOLLOWS:

(I)  FOR SWITCHED ACCESS SERVICE, PRICES SHALL NOT RISE ABOVE THE LEVEL IN EFFECT ON THE EFFECTIVE DATE OF THIS PARAGRAPH (b); EXCEPT THAT PRICE CEILINGS MAY BE ADJUSTED BY THE COMMISSION TO CONFORM TO ITS RULES CONCERNING THE HIGH COST SUPPORT MECHANISM ESTABLISHED UNDER SECTION 40­15­208 OR TO CONFORM TO ANY COMPANY FILING THAT IS SUBJECT TO THE COMMISSION'S RATE­OF­RETURN JURISDICTION.

(II)  FOR ALL OTHER PRODUCTS AND SERVICES, PRICE CEILINGS SHALL BE ESTABLISHED BY REFERENCE TO THE PRICES FOR SUCH PRODUCTS AND SERVICES IN EFFECT UNDER AN ALTERNATIVE FORM OF REGULATION APPROVED BY THE COMMISSION.

(III)  THIS PARAGRAPH (b) SHALL NOT BE CONSTRUED TO PRECLUDE A SMALL LOCAL EXCHANGE PROVIDER FROM ELECTING TRADITIONAL RATE­OF­RETURN REGULATION OR REQUESTING PRICE REGULATION OR ANOTHER ALTERNATIVE FORM OF REGULATION UNDER PART 5 OF THIS ARTICLE; AND THE FACT OF SUCH ELECTION OR REQUEST SHALL NOT BE CONSIDERED IN CONNECTION WITH A PROCEEDING TO ADJUST PRICES FOR PRODUCTS OR SERVICES OFFERED UNDER ANY ALTERNATIVE FORM OF REGULATION.".


INTRODUCTION OF BILLS

SB 99-114 by Senators Phillips, Dyer, Feeley, Lamborn, Owen, and Powers; also Representatives Mitchell, Berry, Chavez, Veiga, T. Williams, and Witwer--Concerning the payment for health benefits plans with pre-tax dollars for small employers.

Health, Environment, Welfare & Institutions

SB 99-115 by Senator Chlouber--Concerning the use of a photographic document issued by the department of revenue to determine whether a person has been convicted of a violent crime.

Judiciary


INTRODUCTION AND CONSIDERATION OF RESOLUTION

The following resolution was read by title and taken upon immediate consideration:

SR 99-005 by Senators Blickensderfer, Powers, and Feeley--Concerning the appointment of officers and employees for the Senate of the sixty-second general assembly.


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

That the following named persons be appointed as officers and employees of the Senate of the First Regular Session of the Sixty-second General Assembly, to the positions set opposite their respective names:

Information Clerk: Nathaniel Ackerman

Visitor's Aide: David Feldman

Assignable Clerk: M. H. "Babe" Turner

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:

YES 32


NO 0


EXCUSED 3


ABSENT 0


Anderson

Y

Evans

Y

Matsunaka

E

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


Employees appearing on SR 99-005 were sworn in by the President.

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

Resolution.

CONSIDERATION OF RESOLUTION

SJR99-009 by Senators Powers, Blickensderfer, and Feeley; also Representatives George, Dean, and Gordon--Concerning the deadline for passage of the school finance bill.

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

YES 32


NO 0


EXCUSED 3


ABSENT 0


Anderson

Y

Evans

Y

Matsunaka

E

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


INTRODUCTION OF BILL--FIRST READING

HB99-1099 by Representatives Sullivant, Spence, and Clapp; also Senator Blickensderfer--Concerning the priority of municipal incorporation proceedings commenced for an area containing a specified number of inhabitants over municipal annexation proceedings affecting all or any part of the same area.

Local Government

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 Thursday, January 21, was laid over until Friday, January 22, retaining its place on the calendar.

______________________________

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

January 22, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate