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SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
21st Legislative Day Tuesday, January
26, 1999
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Reverend Glen E. Hamlyn,
Rocky Mountain Cathedral
Roll Call Present--Total, 31.
Absent/Excused--Evans, Feeley, Lacy, Martinez--Total, 4.
Present later--Evans, Feeley, Martinez.
Quorum The President announced a quorum present.
Reading of On motion of Senator Epps, reading of the Journal of January 25th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 99-153, 171.
Services
Correctly engrossed: SB 99-18, 35, 43, 71; SJR 99-6.
COMMITTEE OF REFERENCE REPORTS
Health, After consideration on the merits, the committee recommends that SB99-010 be
Environment, amended as follows and, as so amended, be referred to the Committee of the Whole with
Welfare and favorable recommendation:
Institutions
Amend printed bill, page 2, line 1, strike "STATE" and
substitute "STATE, BY AN ADVANCED PRACTICE NURSE,";
line 2, strike "HAS BEEN DELEGATED SUCH MEDICAL" and
substitute "IS FUNCTIONING WITHIN THE SCOPE OF SUCH NURSE'S
LICENSE AND TRAINING.";
line 3, strike "FUNCTIONS BY A PHYSICIAN.";
line 4, after "PHYSICIAN", insert "OR NURSE".
Health, After consideration on the merits, the committee recommends that SB99-022 be
Environment, amended as follows and, as so amended, be referred to the Committee of the Whole with
Welfare and favorable recommendation:
Institutions
Amend printed bill, strike everything below the enacting clause,
and substitute the following:
"SECTION 1. The introductory portion
to 1016107 (5), 1016107 (5) (a), and the
introductory portion to 1016107 (5) (b) (I), Colorado
Revised Statutes, are amended to read:
1016107. Rate regulation approval
of policy forms benefit certificates evidences of
coverage loss ratio guarantees disclosures on treatment
of intractable pain. (5) A WOMAN COVERED UNDER
A PLAN, NOTWITHSTANDING ANY SUBDIVISIONS OF THE PLAN'S NETWORK,
THAT IS SUBJECT TO THE PROVISIONS OF THIS SUBSECTION (5) SHALL
BE ENTITLED TO SELECT ANY OBSTETRICIAN, GYNECOLOGIST OR CERTIFIED
FAMILY PLANNING CLINIC THAT IS AFFILIATED WITH THE PLAN. Effective
January 31, 1997, a managed care plan that provides coverage for
reproductive health or gynecological care shall not be issued
or renewed unless such plan either:
(a) Provides a woman covered by the plan direct access
to an obstetrician, gynecologist, CERTIFIED FAMILY PLANNING CLINIC,
or an advanced practice nurse who is a certified nurse midwife
pursuant to section 1238111.5, C.R.S., participating
and available under the plan for her reproductive health care
or gynecological care; or
(b) (I) Subject to rules promulgated by the commissioner,
has procedures in place that ensure that, if a woman covered by
the plan requests a timely referral to an obstetrician, gynecologist,
CERTIFIED FAMILY PLANNING CLINIC, or an advanced practice nurse
who is a certified nurse midwife pursuant to section 1238111.5,
C.R.S., participating and available under the plan for her reproductive
health and gynecological care, the request for referral shall
not be unreasonably withheld. Such rules shall include, but need
not be limited to, the following issues:
SECTION 2. Effective date applicability.
This act shall take effect July 1, 1999, and shall apply to all
claims related to reproductive health filed by a woman covered
under a plan on or after said date.
SECTION 3. Safety clause. The general
assembly hereby finds, determines, and declares that this act
is necessary for the immediate preservation of the public peace,
health, and safety.".
Health, After consideration on the merits, the committee recommends that SB99-074 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
Amend printed bill, page 2, after line 21, insert the following:
"SECTION 3. 39221703 (2),
Colorado Revised Statutes, is amended to read:
39221703. Contributions credited to
Colorado child care improvement fund appropriation.
(2) The general assembly shall appropriate annually
from the Colorado child care improvement fund to the department
of revenue its costs of administering moneys designated as contributions
to the fund. All moneys remaining in the Colorado child care
improvement fund at the end of a fiscal year, after subtracting
the appropriation to the department of revenue, shall be transferred
to the Colorado children's campaign OFFICE OF
RESOURCE & REFERRAL AGENCIES, INC., a Colorado nonprofit corporation.
Each year the Colorado children's campaign OFFICE
OF RESOURCE & REFERRAL AGENCIES, INC. may spend up to five
percent of all voluntary contributions designated for the Colorado
child care improvement fund to pay its administrative costs; except
that, in the first year, the five percent limitation for administrative
costs shall not apply if the amount of voluntary contributions
designated to the fund is less than twentyfive thousand
dollars. Each year the Colorado children's campaign
OFFICE OF RESOURCE & REFERRAL AGENCIES, INC. may also spend
no more than ten thousand dollars of the voluntary contributions
designated for the Colorado child care improvement fund to pay
its marketing costs. The Colorado children's campaign
OFFICE OF RESOURCE & REFERRAL AGENCIES, INC. shall administer
such moneys in accordance with the provisions of section 39221704.".
Renumber succeeding sections accordingly.
Page 2, strike lines 22 through 26.
Page 3, strike lines 1 through 12 and substitute the following:
"SECTION 4. 39221704 (1)
and (2), the introductory portion to 39-22-1704 (3), and 39-22-1704
(3) (a), (3) (b), (3) (c) (I), and (3) (e), Colorado Revised Statutes,
are amended to read:
39221704. Administration of moneys in
Colorado child care improvement fund oversight committee
report. (1) Moneys transferred to the Colorado
children's campaign OFFICE OF RESOURCE &
REFERRAL AGENCIES, INC. pursuant to section 39221703
(2) shall be used to improve the quality of child care programs
in the state including, but not limited to, grants for training
persons involved in child care programs and for assisting child
care programs. The Colorado children's campaign
OFFICE OF RESOURCE & REFERRAL AGENCIES, INC. shall administer
the grant program in accordance with procedures established by
the child care improvement oversight committee created in subsection
(2) of this section.
(2) (a) The child care improvement oversight committee
shall be appointed by the governor and shall be composed of three
members. One member shall be a representative of the department
of human services, one member shall be a representative of the
child care provider community, and one member shall be a representative
of the public atlarge.
(b) THE TERMS OF THE COMMITTEE MEMBERS SERVING ON DECEMBER
31, 1999, SHALL EXPIRE ON JANUARY 1, 2000, AND THE GOVERNOR SHALL
APPOINT THREE MEMBERS TO SERVE ON THE COMMITTEE FOR TERMS BEGINNING
JANUARY 1, 2000. ONE MEMBER SHALL SERVE UNTIL JANUARY 1, 2001,
ONE MEMBER SHALL SERVE UNTIL JANUARY 1, 2002, AND THE OTHER MEMBER
SHALL SERVE UNTIL JANUARY 1, 2003. ALL SUBSEQUENT APPOINTMENTS
SHALL BE FOR TERMS OF THREE YEARS.
(3) Members of the child care improvement oversight
committee shall serve without compensation. The oversight committee
shall meet as necessary to perform its functions as outlined in
this subsection (3) and shall be provided necessary staff assistance
from the Colorado children's campaign OFFICE
OF RESOURCE & REFERRAL AGENCIES, INC. The oversight committee
shall be responsible for:
(a) Developing the process to be used by persons or
entities in applying for grants from the Colorado children's
campaign OFFICE OF RESOURCE & REFERRAL AGENCIES,
INC.;
(b) Developing the process to be used by the Colorado
children's campaign OFFICE OF RESOURCE &
REFERRAL AGENCIES, INC. in awarding grants to nongovernmental
entities, including the development of criteria to be used by
the Colorado children's campaign OFFICE OF RESOURCE
& REFERRAL AGENCIES, INC. in evaluating grant applications
and selecting grant recipients;
(c) (I) At a minimum, the criteria to be used
by the Colorado children's campaign OFFICE OF
RESOURCE & REFERRAL AGENCIES, INC. in evaluating grant applications
and selecting grant recipients, including the provision of matching
funds by the requesting entity and an equitable geographic distribution
of grant funds throughout the state;
(e) Submitting a report to the president of the senate,
the speaker of the house of representatives, and the governor
summarizing the annual voluntary contributions designated for
the Colorado child care improvement fund, the annual expenditure
of moneys from the fund by the Colorado children's campaign
OFFICE OF RESOURCE & REFERRAL AGENCIES, INC., including the
awarding of grants, and the FINDINGS OF THE Colorado children's
campaign's findings OFFICE OF RESOURCE & REFERRAL
AGENCIES, INC. concerning the improvement of the quality of child
care programs in the state since the establishment of the voluntary
contribution designation. The report to the president of the
senate, the speaker of the house of representatives, and the governor
shall be made on a yearly basis until the repeal of this part
17.".
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee on Appropriations: SB99-096
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that the following be
Environment, postponed indefinitely: SB99-104
Welfare and
Institutions
MESSAGE FROM THE REVISOR
January 25, 1999
Mr. President:
We herewith transmit:
without comment, HB99-1012 and 1054; and,
without comment, as amended, HB99-1005, 1014, 1053,
1072, and 1089.
THIRD READING OF BILL--FINAL PASSAGE
On Third Reading, the title of the following bill
was publicly read, the reading at length having been dispensed
with by unanimous consent:
SB 99-068 by Sen. Hernandez--Enforcing Return Of
Textbooks
The question being "Shall the bill pass?"
the roll was called with the following result:
YES 28 | NO 3 | EXCUSED 4 | ABSENT 0 | ||||
Anderson | Y | Evans | E | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | E | Musgrave | Y | Tebedo | Y |
Arnold | Y | Grampsas | Y | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | Y | Owen | Y | Thiebaut | N |
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 | N | Reeves | Y | Mr. President |
Y |
Epps | Y | Martinez | E | Rupert | N |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Anderson, Andrews, Epps, Nichol.
SB 99-043 by Sen. Chlouber; Rep. Miller--Protect
Farms Against Nuisance Suits
The question being "Shall the bill pass?"
the roll was called with the following result:
YES 19 | NO 12 | EXCUSED 4 | ABSENT 0 | ||||
Anderson | Y | Evans | E | Matsunaka | N | Tanner | N |
Andrews | Y | Feeley | E | Musgrave | Y | Tebedo | Y |
Arnold | Y | Grampsas | Y | Nichol | Y | Teck | Y |
Blickensderfer |
Y | Hernandez | N | Owen | Y | Thiebaut | N |
Chlouber | Y | Hillman | Y | Pascoe | N | Wattenberg | Y |
Congrove | Y | Lacy | E | Perlmutter | N | Weddig | N |
Dennis | Y | Lamborn | Y | Phillips | N | Wham | N |
Dyer | Y | Linkhart | N | Reeves | N | Mr. President |
Y |
Epps | Y | Martinez | E | Rupert | N |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Andrews, Musgrave, Powers, Tebedo.
SB 99-035 by Sen. Powers; Rep. Taylor--Inspection
Of Manufactured Units
The question being "Shall the bill pass?"
the roll was called with the following result:
YES 31 | NO 1 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | E | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Musgrave | Y | Tebedo | Y |
Arnold | Y | Grampsas | Y | Nichol | N | 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 | E | Rupert | Y |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Congrove, Musgrave, Weddig
SB 99-018 by Sen. Wham; Rep. George--Art In Juvenile
Facilities
The question being "Shall the bill pass?"
the roll was called with the following result:
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | E | 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 | E | 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, Powers.
SB 99-071 by Sen. Chlouber--Longdistance Billing
Practices
The question being "Shall the bill pass?"
the roll was called with the following result:
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | E | 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 | E | Rupert | Y |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
Co-sponsor added: Dyer.
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
SB 99-172 by Senators Lacy, Owen, and Tanner; also Representatives Tool, Berry, and Saliman--Concerning the creation of the tobacco litigation settlement fund.
Finance
HB 99-1005 by Representative Larson; also Senator Chlouber--Concerning the use of a direct payment permit number by a qualified purchaser in connection with sales that are subject to sales and use tax.
Finance
HB 99-1012 by Representatives McKay and Pfiffner; also Senator Andrews--Concerning the adjustment of the ratio of valuation for assessment for residential real property.
Finance
HB 99-1014 by Representative Coleman; also Senator Lamborn--Concerning the requirements for annual information to be provided to the Colorado department of revenue relating to amounts withheld for Colorado income tax purposes.
Finance
HB 99-1053 by Representative Johnson; also Senator Dennis--Concerning exemptions under the federal "Safe Drinking Water Act".
Agriculture, Natural Resources, and Energy
HB 99-1054 by Representative Gotlieb; also Senator Chlouber--Concerning the repeal of sunset dates associated with the operation of water conservation programs.
Agriculture, Natural Resources, and Energy
HB 99-1072 by Representative McPherson; also Senator Blickensderfer--Concerning immunity from civil liability for an employer who provides information about an employee to such employee's prospective employer.
Judiciary
HB 99-1089 by Representative Paschall; also Senator Rupert--Concerning the definition of cash assistance for purposes of the Colorado works program.
Health, Environment, Welfare & Institutions
MESSAGE FROM THE BOARD OF REGENTS OF THE UNIVERSITY
OF COLORADO
January 12, 1999
The Honorable Ray Powers, President
Colorado Senate
State Capitol Building
200 East Colfax Avenue
Denver, Colorado 80203
Dear President Powers:
On behalf of the Board of Regents of the University
of Colorado, I am pleased to forward to you the following reappointment/appointments
to the University of Colorado Hospital Authority Board of Directors.
Appointments to the Hospital Authority Board of
Directors from the congressional districts are subject to the
advice and consent of the Senate in accordance with Section 23-
21-503(2) of the Colorado Revised Statutes.
These reappointment/appointments were approved
by the Board of Regents at its meetings of June 25 and August
6, 1998. The related resolutions direct me to submit them to
the president of the Colorado Senate "for consideration
at the next regular session of the Colorado General Assembly."
A copy of the resolutions and related information is enclosed.
Reappointment of Leslie R. Fowler, as a resident
of the second congressional district, for a term effective October
1, 1997, and expiring on September 30, 2001.
Appointment of Mike A. Leprino, as a resident of
the first congressional district, for a term effective May 18,
1998, and expiring on September 30, 2001. (He was first appointed
to the board as a resident of the sixth congressional district
for a term expiring on September 30, 1999, and later moved to
the first congressional district.)
Appointment of Sally Hopper, as a resident of the
sixth congressional district, for a term effective August 1,
1998, and expiring on September 30, 1999.
Sincerely,
(Signed)
Milagros Caraballo
Senate in recess.
Senate reconvened.
MESSAGE FROM THE HOUSE:
January 26, 1999
Mr. President:
The House has adopted and transmits herewith HJR99-1008,
as printed in House Journal, January 26, 1999.
INTRODUCTION AND CONSIDERATION OF RESOLUTION
The following resolution
was read by title and taken upon immediate consideration:
HJR99-1008 by Representatives Mace and Dean; also Senator Hernandez--Concerning the
encouragement of the Colorado Department of Transportation to participate
in the 1999 season for nonviolence program.
(Printed in House Journal, January 26, 1999.)
Senator Blickensderfer moved to suspend Senate
Rule 30(e).
On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(e) was suspended and immediate consideration granted.
On motion of Senator Hernandez, the Resolution was ADOPTED by the following roll call vote:
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | E | 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 | EE | Rupert | Y |
Co-sponsors added: Anderson, Andrews, Arnold, Blickensderfer,
Chlouber, Congrove, Dennis, Dyer, Epps, Feeley, Grampsas, Hillman,
Lamborn, Linkhart, Matsunaka, Musgrave, Nichol, Owen, Pascoe,
Perlmutter, Phillips, Powers, Reeves, Rupert, Tanner, Tebedo,
Teck, Thiebaut, Wattenberg, Weddig, Wham
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 January 26, was laid over until Wednesday, January 27, retaining its place on the calendar.
______________________________
On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Wednesday,
January 27, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate