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

20th Legislative Day Monday, January 25, 1999


Call to By the President at 10:00 a.m.

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn, Rocky Mountain Cathedral

Roll Call Present--Total, 32.

Absent/Excused--Hernandez, Lacy, Weddig--Total, 3.

Present later--Hernandez, Weddig.

Quorum The President announced a quorum present.

Reading of On motion of Senator Epps, reading of the Journal of January 22nd was

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-116, 117, 118, 119, 120, 121, 122, 123, 124, 125,

Services 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170.

Correctly engrossed: SB 99-5, 19, 27, 32, 68.

COMMITTEE OF REFERENCE REPORT

Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under

Natural consideration and has had a hearing on the following appointment and recommends

Resources that the appointment be confirmed:

and Energy

COMMISSIONER OF AGRICULTURE

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

Donald D. Ament, of Iliff, Colorado

Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under

Natural consideration and has had a hearing on the following appointment and recommends that Resources the appointment be confirmed:

and Energy

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

Local The Committee on Local Government has had under consideration and has had a hearing on Government the following appointments and recommends that the appointments be confirmed:

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

THIRD READING OF BILLS--FINAL PASSAGE

On Third Reading, the titles of the following bills were publicly read, the reading at length having been dispensed with by unanimous consent:

SB 99-068 by Sen. Hernandez--Enforcing Return Of Textbooks

Laid over until Tuesday, January 26, retaining its place on the calendar.


SB 99-032 by Sen. Tebedo; Rep. Johnson--FPPA Disability Benefit Options

The question being "Shall the bill pass?" the roll was called with the following result:

YES 34


NO 0


EXCUSED 1


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

Y

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


A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsor added: Andrews

SB 99-027 by Sen. Hillman; Rep. Larson--Change Date Of Precinct Caucuses

The question being "Shall the bill pass?" the roll was called with the following result:

YES 34


NO 0


EXCUSED 1


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

Y

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


A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Chlouber, Tebedo, Teck

SB 99-005 by Sen. Reeves; Rep. Dean--FPPA Acquisition Of Service Credit

The question being "Shall the bill pass?" the roll was called with the following result:

YES 34


NO 0


EXCUSED 1


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

Y

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


A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Nichol, Weddig

SB 99-019 by Sen. Tebedo; Rep. Pfiffner--Temp License For Shriners Hospital Docs

The question being "Shall the bill pass?" the roll was called with the following result:

YES 34


NO 0


EXCUSED 1


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

Y

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


A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Andrews, Chlouber, Congrove, Evans, Hernandez, Lamborn,

Martinez, Musgrave, Reeves, Rupert, Teck, Wattenberg, Weddig, Wham

Committee On motion of Senator Tebedo the Senate resolved itself in to Committee of the Whole

of the for consideration of General Orders and Senator Tebedo was called to the Chair to act

Whole as Chairman.

GENERAL ORDERS--SECOND READING OF BILL

The Committee of the Whole having risen, the Chairman reported that the following bill,

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

(Amended in General Orders as printed in Senate Journal, January 15, 1999, page 64.)

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

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, January 12, 1999, pages 46-48.)

Amendment No. 2, by Senator Powers

Amend the Business Affairs and Labor Committee amendment, as printed in Senate Journal, January 12, page 47, strike lines 48 through 58.

Renumber succeeding sections accordingly.

Amendment No. 3, by Senator Powers

Amend printed bill, page 4, line 10, strike "and for factory­built housing;" and substitute "and for factory­built housing;";

line 15, strike "REQUIRE," and substitute "ALLOW,";

line 18, strike "BOARD," and substitute "BOARD FOR";

line 19, after "COST.", insert the following:

"SUCH STANDARDS SHALL NOT PROHIBIT A MANUFACTURER FROM HAVING THE OPTION TO CONTRACT WITH THE DIVISION OR AN AUTHORIZED QUALITY ASSURANCE REPRESENTATIVE TO PERFORM INSPECTION AND CERTIFICATION FUNCTIONS.".

Page 5, line 2, strike "UNIFORM BUILDING CODE." and substitute "CONSTRUCTION CODES AS ADOPTED BY THE BOARD.";

line 9 strike "the rules adopted pursuant to section 24­32­710" and substitute "the rules adopted pursuant to section 24­32­710,";

line 10, strike "THIS PARAGRAPH (a), AS AMENDED,";

strike lines 20 and 21 and substitute the following:

"(4)  No factory­built housing bearing a department insignia of approval AN INSIGNIA OF APPROVAL ISSUED BY THE DIVISION AND AFFIXED BY THE DIVISION OR AN AUTHORIZED QUALITY ASSURANCE REPRESENTATIVE pursuant to".

Page 6, line 1, after "spot inspection,", insert "TAKING REPRESENTATIVE SAMPLES OF THE PRODUCT AND EVALUATING THE PERFORMANCE OF AUTHORIZED QUALITY ASSURANCE REPRESENTATIVES AND";

line 6, after "ISSUED BY", insert "THE DIVISION AND AFFIXED BY THE DIVISION OR";

line 18, strike "MANUFACTURED HOUSING" and substitute "FACTORY­BUILT".

As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.

SB 99-041 by Sen. Dyer; Rep. Swenson--Bicycle Traffic Regulations

Laid over until Thursday, January 28, retaining its place on the calendar.

SB 99-018 by Sen. Wham; Rep. George--Art In Juvenile Facilities

Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment

(Printed in Senate Journal, January 21, page 85.)

As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.

SB 99-071 by Sen. Chlouber--Long­distance Billing Practices

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, January 21, page 86.)

As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.

SB 99-057 by Sen. Dennis; Rep. Mitchell--Telecom Prices & Audits

Laid over until Tuesday, January 26, retaining its place on the calendar.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Tebedo, 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 99-043, as amended, SB 99-035, as amended, SB 99-018, as amended,

SB 99-071, as amended, declared passed on Second Reading.

SB 99-041, laid over until Thursday, January 28, retaining its place on the calendar.

SB 99-057, laid over until Tuesday, January 26, retaining its place on the calendar.


CONSIDERATION OF RESOLUTION

SJR 99-006 by Senators Tebedo, Feeley, Powers, and Reeves; also Representatives Miller, Alexander, Berry, Dean, Johnson, and Saliman--Concerning the exclusion of police officers and firefighters from federal legislation mandating participation by public employees in the federal social security system.

Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment

(Printed in Senate Journal, January 21, page 86.)

A majority of all members elected to the Senate having voted in the affirmative, the amendment was adopted.

On motion of Senator Tebedo, the Resolution, as amended, was ADOPTED by the following roll call vote:

YES 34


NO 0


EXCUSED 1


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

Y

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


Co-sponsors added: Arnold, Blickensderfer, Epps, Evans, Hillman, Lamborn, Powers, Wham

COMMITTEE OF REFERENCE REPORTS

Judiciary The Committee on Judiciary has had under consideration and has had a hearing on the following appointment and recommends that the appointment be confirmed:

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

Judiciary The Committee on Judiciary has had under consideration and has had a hearing on the following appointment and recommends that the appointment be confirmed:

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

Judiciary After consideration on the merits, the committee recommends that SB99-061 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 5, line 6, strike "RECOMMENDATION" and substitute "DECISION";

line 8, strike "RECOMMENDATION" and substitute "DECISION";

line 9, strike "RECOMMENDATION," and substitute "DECISION,";

line 11, strike "RECOMMENDATION," and substitute "DECISION,";

strike lines 12 and 13, and substitute the following:

"MEMBERS. NOTWITHSTANDING ANY PROVISIONS OF".

Page 6, line 13, strike "RECOMMENDATION" and substitute "DECISION";

line14, strike "RECOMMENDATION" and substitute "DECISION";

strike lines 16 and 17, and substitute the following:

"OF THREE BOARD MEMBERS. NOTWITHSTANDING ANY".

Page 7, line 25, strike "DEVELOPMENT AND ADOPTION OF THE PAROLE";

strike line 26.

Page 8, strike lines 1 and 2.

Judiciary After consideration on the merits, the committee recommends that SB99-056 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 12, strike "1 MISDEMEANOR." and substitute "5 FELONY.";

line 25, after "DECEPTION", insert "AND WIRE FRAUD".

MESSAGE FROM THE HOUSE:

January 25, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1012 and 1054.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1005, amended as printed in House Journal, January 22, pages 187-188;

HB99-1014, amended as printed in House Journal, January 22, pages 188-189;

HB99-1053, amended as printed in House Journal, January 22, page 186;

HB99-1072, amended as printed in House Journal, January 22, page 186;

HB99-1089, amended as printed in House Journal, January 22, page 189.

INTRODUCTION OF BILL--FIRST READING

The following bill was read by title and referred to the committee indicated:

SB 99-171 by Senator Matsunaka--Concerning long-range planning by principal departments of the executive department of state government.

State, Veterans, & Military Affairs

TRIBUTES--A POINT OF INTEREST

Honoring the Erie High School Girls Softball Team by Senator Phillips

JOURNAL CORRECTION:

Senate Journal, January 22, page 97, after line 63, insert "Appropriations".



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

January 26, 1999.

Approved:


Ray Powers

President of the Senate

Attest:



Patricia K. Dicks

Secretary of the Senate