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SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
17th Legislative Day Friday, January 22,
1999
Call to By the President at 9:00 a.m.
Order
Prayer By Senator Mark Hillman.
Roll Call Present--Total, 21.
Absent/Excused--Anderson, Chlouber, Grampsas, Lacy, Lamborn, Martinez, Matsunaka, Perlmutter, Phillips, Rupert, Tanner, Thiebaut, Wattenberg--Total, 13.
Present later--Grampsas, Lamborn, Martinez, Perlmutter,
Phillips, Rupert, Tanner.
Quorum The President announced a quorum present.
Reading of On motion of Senator Dyer, reading of the Journal of January 21st was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SIGNING OF RESOLUTIONS
The President has signed: SJR 99-1, 2, 3, 4, 5, 7, 8; also SR 99-1, 2, 3, 4.
SENATE SERVICES REPORT
Senate Correctly printed: SB 99-114, 115.
Services
COMMITTEE OF REFERENCE REPORTS
Judiciary After consideration on the merits, the
committee recommends that SB99-050 be amended
as follows and, as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 2, strike lines 14 through
16, and substitute the following:
"UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN SECTION
183412.5 (1) (b), C.R.S.".
Page 3, strike lines 5 through 7, and substitute
the following:
"CONSTITUTES UNLAWFUL SEXUAL BEHAVIOR AS
DEFINED IN SECTION 183412.5 (1) (b), C.R.S., THEN
THE";
line 19, strike "FELONIOUS";
strike lines 20 through 22, and substitute the
following:
"UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN SECTION
183412.5 (1) (b), C.R.S., THE COURT SHALL CONSIDER
THE".
Page 4, line 15, strike "FELONIOUS";
strike lines 16 and 17, and substitute the following:
"SEXUAL BEHAVIOR AS DEFINED IN SECTION 183412.5
(1) (b), C.R.S.,";
line 18, strike "SECTION 186302, C.R.S.,".
Page 5, line 12, strike "FELONIOUS";
strike lines 13 and 14, and substitute the following:
"BEHAVIOR AS DEFINED IN SECTION 183412.5
(1) (b), C.R.S.,";
line 15, strike "186302, C.R.S.,";
line 20, strike "THE";
strike lines 21 through 25, and substitute the
following:
"A DEFERRED JUDGMENT AND SENTENCE, A DEFERRED
ADJUDICATION, AN ADJUDICATION, AND A PLEA OF GUILTY OR NOLO
CONTENDERE.".
Trans- After consideration on the merits, the committee recommends that SB99-060 be
portation amended as follows and, as so amended, be referred to the Committee on Appropriations
with favorable recommendation:
Amend printed bill, page 1, line 7, strike "ELEVEN"
and substitute "THIRTEEN".
Page 2, line 14, strike "AND";
line 15, strike the period and substitute a semicolon;
after line 15, insert the following:
"(j) THE AGRICULTURAL COMMUNITY; AND
(k) STUDENTS.".
Page 3, line 7, strike "AT LEAST SIX TIMES".
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee of the Whole: SB99-028
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: SB99-053
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee on Appropriations: SB99-034
and Military
Affairs
Local After consideration on the merits, the committee recommends that the following be
Government referred favorably to the Committee of
the Whole: SB99-015
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
SB 99-116 by Senators Grampsas and Feeley; also Representatives Pfiffner, Windels, and Witwer--Concerning an increase in the number of district judges in the first judicial district, and making an appropriation therefor.
Judiciary
Appropriations
SB 99-117 by Senator Dennis; also Representative Taylor--Concerning the removal of the clean vehicle fleet program from the state implementation plan for carbon monoxide, and, in connection therewith, opting out of the federal program and modifying program compliance credits.
Transportation
SB 99-118 by Senator Epps; also Representative Alexander--Concerning the holding of alcohol beverage tastings on licensed premises.
Business Affairs & Labor
SB 99-119 by Senator Wham--Concerning HIV testing in cases where the person tested is charged with a crime involving sexual behavior.
Judiciary
SB 99-120 by Senator Weddig; also Representative Alexander--Concerning requirements for processing prescriptions.
Health, Environment, Welfare & Institutions
SB 99-121 by Senator Nichol--Concerning a requirement that the department of transportation provide notice to persons residing near proposed transportation construction projects.
Transportation
Appropriations
SB 99-122 by Senator Chlouber; also Representative Young--Concerning the "Colorado Seed Act", and, in connection therewith, continuing the registration function of the commissioner of agriculture under such act.
Agriculture, Natural Resources, and Energy
SB 99-123 by Senator Teck; also Representatives Lee and McElhany--Concerning the payment of insurance claims to third persons holding assignments from insureds.
Business Affairs & Labor
SB 99-124 by Senator Owen; also Representative McElhany--Concerning small group health insurance, and, in connection therewith, changing the use of community rating criteria in small group health insurance and passing on the fees for point of service plans to the employee.
State, Veterans, & Military Affairs
SB 99-125 by Senator Thiebaut; also Representative Zimmerman--Concerning the establishment of parameters for Colorado minimum fair wages.
State, Veterans, & Military Affairs
______________________________
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 appointment.
______________________________
CONSIDERATION OF GOVERNOR'S APPOINTMENT
On motion of Senator Musgrave, the following Governor's
appointment was confirmed by a roll call vote:
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
YES 27 | NO 0 | EXCUSED 8 | ABSENT 0 | ||||
Anderson | E | Evans | Y | Matsunaka | E | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | Y |
Arnold | Y | Grampsas | E | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | Y | Owen | Y | Thiebaut | E |
Chlouber | E | Hillman | Y | Pascoe | Y | Wattenberg | E |
Congrove | Y | Lacy | E | Perlmutter | E | 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 Monday, January 25, retaining its place on the
calendar.
SB 99-068 by Sen. Hernandez--Enforcing Return Of Textbooks
Ordered engrossed and placed on the calendar for Third Reading
and Final Passage.
SB 99-032 by Sen. Tebedo; Rep. Johnson--FPPA Disability Benefit
Options
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, January 15, pages 64-65.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-027 by Sen. Hillman; Rep. Larson--Change Date
Of Precinct Caucuses
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, January 15, page 65.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-005 by Sen. Reeves; Rep. Dean--FPPA Acquisition
Of Service Credit
Amendment No. 1, by Senator Reeves
Amend printed bill, page 4, strike lines 6 through 21 and substitute
the following:
"SECTION 3. Applicability. Section
1 of this act shall apply to members of the fire and police pension
association who are covered by the statewide defined benefit plan
on and after January 1, 2000. Section 2 of this act shall apply
to members of the fire and police pension association who are
covered by the statewide defined benefit plan on and after the
applicable effective date of section 2 of this act.
SECTION 4. Effective date. (1) Section
1 of this act shall take effect January 1, 2000, unless a referendum
petition is filed during the ninetyday period after final
adjournment of the general assembly that is allowed for submitting
a referendum petition pursuant to article V, section 1 (3) of
the state constitution. If such a referendum petition is filed
against section 1 of this act or an item, section, or part of
section 1 of this act within such period, then section 1 of the
act, or the item, section, or part of section 1, if approved by
the people, shall take effect on the date of the official declaration
of the vote thereon by proclamation of the governor.
(2) Section 2 of this act shall take effect at 12:01
a.m. on the day following the expiration of the ninetyday
period after final adjournment of the general assembly that is
allowed for submitting a referendum petition pursuant to article
V, section 1 (3) of the state constitution; except that, if a
referendum petition is filed against section 2 of this act or
an item, section, or part of section 2 of this act within such
period, then section 2 the act, or the item, section, or part
of section 2, if approved by the people, shall take effect on
the date of the official declaration of the vote thereon by proclamation
of the governor.".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-019 by Sen. Tebedo; Rep. Pfiffner--Temp License
For Shriners Hospital Docs
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, January 18, page 67.)
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 Monday, January 25, retaining its
place on the calendar.
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 99-068 declared passed on Second Reading.
SB 99-032, as amended, SB 99-027, as amended, SB 99-005, as amended,
SB 99-019, as amended, declared passed on Second Reading.
SB 99-043, SB 99-035, laid over until Monday, January
25, retaining their place on the calendar.
COMMITTEE OF REFERENCE REPORTS
Education After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee on Appropriations: SB99-093
Education After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee on Finance: SB99-055
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
SB 99-126 by Senator Reeves--Concerning the state income tax, and, in connection therewith, providing a Colorado earned income tax credit, creating a senior citizen income tax credit, and temporarily reducing the state income tax rate.
Finance
Appropriations
SB 99-127 by Senator Grampsas; also Representative Swenson--Concerning the exemption of tangible personal property to be used for biotechnological purposes from sales and use tax.
Finance
Appropriations
SB 99-128 by Senators Grampsas and Anderson; also Representative Sullivant--Concerning the state income tax credit for qualified costs incurred in the preservation of historic properties.
Finance
Appropriations
SB 99-129 by Senator Nichol; also Representative Paschall--Concerning the authority of public transportation entities to appoint fare inspectors to enforce the statutory provision proscribing theft of public transportation services by fare evasion.
Transportation
SB 99-130 by Senator Wham; also Representative Kaufman--Concerning substantive changes for the strengthening of the juvenile laws.
Judiciary
Appropriations
SB 99-131 by Senator Wham; also Representative Kaufman--Concerning continuation of the youthful offender system.
Judiciary
SB 99-132 by Senator Anderson; also Representative Morrison--Concerning use of moneys received pursuant to the tobacco litigation settlement.
Finance
Appropriations
SB 99-133 by Senator Lamborn; also Representative McPherson--Concerning the remedies available to property owners for violation of constitutional property rights by governmental entities.
State, Veterans, & Military Affairs
SB 99-134 by Senator Hillman; also Representative McPherson--Concerning the authority of the department of the treasury to coordinate the financing of state property acquisitions.
Finance
Appropriations
SB 99-135 by Senators Teck and Chlouber; also Representatives Hoppe and Taylor--Concerning the repeal of the advisory committee to the commissioner of insurance on continuing education requirements for certain persons licensed by the division of insurance.
Business Affairs & Labor
Senate in recess.
Senate reconvened.
SIGNING OF RESOLUTIONS
The President has signed: HJR99-1001, 1002,
and 1003.
MESSAGE FROM THE HOUSE:
January 22, 1999
Mr. President:
The House has adopted and transmits herewith HJR99-1006,
as printed in House Journal, January 18, pages 145-147, and
amended as printed in House Journal, January
22, 1999.
The House has adopted and returns herewith SJR99-009.
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
SB 99-136 by Senators Dennis, Hernandez, Hillman, and Phillips; also Representative Young--Concerning the continuation of the Colorado natural areas council.
Agriculture, Natural Resources, and Energy
SB 99-137 by Senator Evans; also Representative Alexander--Concerning the authority of licensed pet animal facilities over animals in their care.
Agriculture, Natural Resources, and Energy
SB 99-138 by Senator Thiebaut--Concerning the enactment of the "Pollution Prevention and Community Right-to-Know Act".
State, Veterans, & Military Affairs
SB 99-139 by Senators Pascoe, Andrews, and Arnold; also Representative Allen--Concerning the termination of the law-related education advisory board.
Education
SB 99-140 by Senators Pascoe, Dyer, Tebedo, Weddig, Andrews, Blickensderfer, Epps, and Teck; also Representatives Sullivant, Leyba, Smith, Stengel, and Zimmerman--Concerning the administration of fire safety by the division of fire safety in the department of public safety, and, in connection therewith, continuing the fire safety advisory board and changing the name thereof to the fire service training and certification advisory board.
State, Veterans, & Military Affairs
SB 99-141 by Senators Pascoe, Evans, Feeley, Reeves, and Wham; also Representative Tochtrop--Concerning treatment of insureds by health care providers, and, in connection therewith, allowing specialists to have a standing referral for treatment of an insured with a chronic, disabling, or life threatening condition and requiring providers to disclose that the insured may seek a second opinion after benefits have been denied.
Health, Environment, Welfare & Institutions
SB 99-142 by Senators Evans, Epps, Reeves, and Rupert--Concerning the regulation of nursing home administrators, and, in connection therewith, continuing the board of examiners of nursing home administrators.
Health, Environment, Welfare & Institutions
SB 99-143 by Senator Perlmutter; also Representative Kaufman--Concerning amendments to the "Colorado Consumer Protection Act", and, in connection therewith, limiting the class of potential plaintiffs to consumers of a defendant's goods, services, or property, restructuring the noneconomic damages provisions, exempting certain sales of realty, and reorganizing provisions for clarity.
Agriculture, Natural Resources, and Energy
SB 99-144 by Senator Dyer--Concerning self-evaluation for insurance companies, and, in connection therewith, creating an insurance self-evaluation privilege and creating a rebuttable presumption against the imposition of any administrative, civil, or criminal penalties for voluntary disclosures arising out of any insurance self-evaluation.
Business Affairs & Labor
SB 99-145 by Senator Wattenberg; also Representative Taylor--Concerning the application of state air quality standards to activities taking place on public property within the state.
State, Veterans, & Military Affairs
SB 99-146 by Senator Dennis--Concerning implementation of a public health program to address osteoporosis.
Health, Environment, Welfare & Institutions
Appropriations
SB 99-147 by Senator Tanner--Concerning increases in travel benefits for service in court proceedings, and making an appropriation therefor.
Judiciary
Appropriations
SB 99-148 by Senator Tanner--Concerning the extension of reimbursement for diagnostic mammography screening expenses to men, and, in connection therewith, clarifying that coverage shall be provided for diagnostic screening expenses in certain instances.
Health, Environment, Welfare & Institutions
Appropriations
SB 99-149 by Senator Chlouber--Concerning simulcast signals of greyhound racing events.
State, Veterans, & Military Affairs
SB 99-150 by Senators Epps, Blickensderfer, Congrove, Dennis, Dyer, Evans, Grampsas, Hernandez, Hillman, Lamborn, Musgrave, Nichol, Owen, Phillips, Powers, Tebedo, Teck, Weddig, and Wham; also Representative George--Concerning civil liability relating to illegal drugs.
Judiciary
Appropriations
SB 99-151 by Senators Arnold, Andrews, Epps, Evans, Hernandez, Reeves, and Teck; also Representative Plant--Concerning metropolitan district rail systems.
Transportation
Finance
Appropriations
SB 99-152 by Senator Linkhart; also Representative Alexander--Concerning child care.
Health, Environment, Welfare & Institutions
Appropriations
SB 99-153 by Senators Owen, Andrews, Blickensderfer, Dennis, Feeley, Phillips, Powers, and Reeves; also Representatives Spradley, George, Hagedorn, Johnson, Lee, Mitchell, Paschall, and Tool--Concerning the voluntary restructuring of the retail market for natural gas, and making an appropriation therefor.
Business Affairs & Labor
SB 99-154 by Senators Evans, Andrews, Epps, Lamborn, Teck, and Wham; also Representatives Gotlieb, Kaufman, Allen, Dean, and Sinclair--Concerning performance-based teacher education programs.
Education
SB 99-155 by Senator Blickensderfer; also Representative McPherson--Concerning the denial of unemployment benefits to employees locked out by an employer in a defensive lockout, and, in connection therewith, defining employees eligible to receive benefits in an offensive lockout.
Judiciary
SB 99-156 by Senators Musgrave, Andrews, Arnold, Congrove, Epps, Evans, Hillman, Lamborn, and Owen; also Representative McKay--Concerning the carrying of concealed weapons.
Judiciary
SB 99-157 by Senator Weddig; also Representative Webster--Concerning county approval of land divisions that are not subdivisions.
Agriculture, Natural Resources, and Energy
Business Affairs & Labor
SB 99-158 by Senators Hernandez, Hillman, and Musgrave; also Representatives Dean, Alexander, and McKay--Concerning adequate training to perform spinal manipulation, and, in connection therewith, sanctioning violations of the training requirements.
Health, Environment, Welfare & Institutions
Appropriations
SB 99-159 by Senators Musgrave, Arnold, Epps, Evans, Hillman, Lamborn, Owen, Powers, Tebedo, and Teck; also Representative Mitchell--Concerning the restriction of valid marriages to those only between one man and one woman.
Judiciary
SB 99-160 by Senator Dyer; also Representative Kaufman--Concerning deregulation of transactions under the uniform consumer credit code, and, in connection therewith, deregulating rates, fees, and charges permitted for credit sales and loans.
Business Affairs & Labor
SB 99-161 by Senators Tebedo, Andrews, Congrove, Dyer, Epps, Lamborn, Musgrave, Owen, and Teck; also Representatives Berry, McElhany, May, McKay, and Young--Concerning reduction of workers' compensation disability benefits where there is evidence of intoxication.
State, Veterans, & Military Affairs
SB 99-162 by Senators Andrews, Tebedo, Arnold, Congrove, Hillman, Lamborn, and Musgrave; also Representatives Pfiffner, Fairbank, Mitchell, and Stengel--Concerning creation of the Colorado early childhood education tuition reimbursement pilot program.
Education
Appropriations
SB 99-163 by Senator Feeley--Concerning the establishment of the Colorado institute for telecommunication education.
Education
Appropriations
SB 99-164 by Senator Tebedo; also Representative Sinclair--Concerning an increase in the weight limitation for special license plates for certain vehicles.
Transportation
Appropriations
SB 99-165 by Senator Rupert; also Representative McElhany--Concerning funding of the reading services for the blind cash fund, and making an appropriation therefor.
Education
Appropriations
SB 99-166 by Senator Rupert; also Representative Bacon--Concerning a requirement for local boards of education to adopt policies regarding safe learning environments that include prohibitions against discrimination.
Education
SB 99-167 by Senator Perlmutter; also Representative Smith--Concerning foreclosure sales by public trustees.
Business Affairs & Labor
SB 99-168 by Senators Martinez, Hernandez, and Tanner; also Representative Tate--Concerning augmentation of Colorado employment discrimination laws.
Business Affairs & Labor
SB 99-169 by Senator Wattenberg; also Representative George--Concerning expense reimbursement for members of the electricity advisory panel.
Finance
Appropriations
SB 99-170 by Senators Phillips, Dennis, Hernandez, and Teck--Concerning the protection of citizens against adverse financial consequences resulting from electronic computing device failures associated with the year 2000 date change.
Business Affairs & Labor
INTRODUCTION OF RESOLUTION--FIRST READING
The following resolution
was read by title and referred to the committee indicated:
HJR 99-1006 by Representatives McPherson, Tool, Berry, and Saliman; also Senators Grampsas, Lacy, Owen, and Tanner--Concerning the certification by the General Assembly of its estimate of state general fund revenues and allowable state spending for the 1999-2000 budget year.
(Printed in House Journal, January 18, Page 145.)
Finance
MESSAGE FROM THE GOVERNOR
January 21, 1999
To the Honorable
Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Ladies and Gentlemen:
I intend to continue the appointment of Major General William Westerdahl as Executive
Director of the Department of Military Affairs.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 1/22/99
P. Dicks, Secretary
Senate in recess.
Senate reconvened.
On motion of Senator Hillman, the Senate adjourned until 10:00 a.m., Monday,
January 25, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate