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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
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:
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