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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