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

22nd Legislative Day Wednesday, January 27, 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, 29.

Absent/Excused--Dennis, Hernandez, Lacy, Linkhart, Martinez, Tebedo--Total, 6.

Present later--Dennis, Hernandez, Linkhart, Tebedo.

Quorum The President announced a quorum present.

Reading of On motion of Senator Epps, reading of the Journal of January 26th was

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-172.

Services


MESSAGE FROM THE HOUSE:

January 26, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes

HB99-1062, 1076, 1078, 1091 and 1106.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99- 1026, amended as printed in House Journal, January 25, pages 201-202;

HB99-1033, amended as printed in House Journal, January 25, page 202;

HB99-1036, amended as printed in House Journal, January 25, page 202;

HB99-1041, amended as printed in House Journal, January 25, pages 201-203;

HB99-1047, amended as printed in House Journal, January 25, page 203;

HB99-1055, amended as printed in House Journal, January 22, page 187;

HB99-1063, amended as printed in House Journal, January 25, page 200;

HB99-1073, amended as printed in House Journal, January 25, page 201;

HB99-1094, amended as printed in House Journal, January 25, page 201;

HB99-1105, amended as printed in House Journal, January 25, page 201.


MESSAGE FROM THE REVISER

January 26, 1999

Mr. President:

We herewith transmit:

without comment, HB99-1062, 1076, 1078, 1091, and 1106; and,

without comment, as amended, HB99-1026, 1033, 1036, 1041, 1047, 1055, 1063, 1073, 1094, and 1105.





INTRODUCTION OF BILLS--FIRST READING

The following bills were read by title and referred to the committees indicated:

SB 99-173 by Senator Dennis; also Representative Young--Concerning the funding of Colorado water conservation board projects, and making appropriations in connection therewith.

Agriculture, Natural Resources, and Energy

HB 99-1026 by Representative Fairbank; also Senator Evans--Concerning procedures for the revocation of drivers' licenses.

Transportation

HB 99-1033 by Representative Sullivant; also Senator Hillman--Concerning protection of vehicles.

Transportation

HB 99-1036 by Representative Sullivant; also Senator Wattenberg--Concerning the authority of the transportation commission to regulate hours during which hazardous materials may be transported through the Eisenhower tunnel.

Transportation

HB 99-1041 by Representative Miller; also Senator Dennis--Concerning authorization for meetings of boards of cooperative services to be conducted using video teleconferencing technology.

Education

HB 99-1047 by Representative Allen; also Senator Arnold--Concerning extension of financial aid to students enrolled in private occupational schools.

Education

HB 99-1055 by Representatives Taylor, Pfiffner, and Leyba; also Senators Reeves and Linkhart--Concerning annual reports of the Colorado state fair authority.

Agriculture, Natural Resources, and Energy

HB 99-1062 by Representative Berry; also Senators Reeves and Feeley--Concerning the amount of benefits paid to members of the statewide death and disability plan who become totally disabled while a member of the fire and police pension association.

State, Veterans, & Military Affairs

HB 99-1063 by Representative Dean; also Senators Tebedo and Feeley--Concerning termination upon remarriage of benefits paid under the statewide death and disability plan to a surviving spouse of a fire and police pension association member who dies while in active service.

State, Veterans, & Military Affairs

HB 99-1073 by Representative Gordon; also Senator Blickensderfer--Concerning the division of public employee retirement benefits in a domestic relations action.

Judiciary

HB 99-1076 by Representatives Pfiffner, Leyba, and Taylor; also Senators Powers, Linkhart, and Reeves--Concerning the use of objective measures of competence other than competitive examinations for the selection of persons for employment in the state personnel system.

State, Veterans, & Military Affairs

HB 99-1078 by Representatives Leyba, Pfiffner, and Taylor; also Senators Powers, Linkhart, and Reeves--Concerning authorization for personal services contracts in excess of six months for temporary employment of persons by the state.

State, Veterans, & Military Affairs

HB 99-1091 by Representative Hagedorn; also Senator Linkhart--Concerning the sixty-month lifetime maximum for the receipt of benefits under the Colorado works program.

Health, Environment, Welfare & Institutions

HB 99-1094 by Representative Grossman; also Senator Arnold--Concerning aggravated juvenile offenders.

Judiciary

HB 99-1105 by Representative Berry; also Senator Arnold--Concerning criteria for payment of temporary total disability workers' compensation benefits.

State, Veterans and Military Affairs

HB 99-1106 by Representatives Grossman and Kaufman; also Senators Wattenberg, Nichol, Perlmutter, and Wham--Concerning the enactment of Colorado Revised Statutes 1998 as the positive and statutory law of the state of Colorado.

Judiciary

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 appointments.

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

On motion of Senator Wattenberg, the following Governor's appointment was confirmed by a roll call vote:

COMMISSIONER OF AGRICULTURE

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

Donald D. Ament, of Iliff, Colorado

YES 32


NO 0


EXCUSED 3


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

E

Reeves

Y

Mr. President

Y

Epps

Y

Martinez

E

Rupert

Y


On motion of Senator Wattenberg, the following Governor's appointment was confirmed by a roll call vote:

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

YES 32


NO 0


EXCUSED 3


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

E

Reeves

Y

Mr. President

Y

Epps

Y

Martinez

E

Rupert

Y


On motion of Senator Congrove, the following Governor's appointment was confirmed by a roll call vote:

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

YES 32


NO 0


EXCUSED 3


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

E

Reeves

Y

Mr. President

Y

Epps

Y

Martinez

E

Rupert

Y


On motion of Senator Wham, the following Governor's appointment was confirmed by a roll call vote:

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

YES 32


NO 0


EXCUSED 3


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

E

Reeves

Y

Mr. President

Y

Epps

Y

Martinez

E

Rupert

Y


On motion of Senator Wham, the following Governor's appointment was confirmed by a roll call vote:

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

YES 32


NO 0


EXCUSED 3


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

E

Reeves

Y

Mr. President

Y

Epps

Y

Martinez

E

Rupert

Y


COMMITTEE OF REFERENCE REPORTS

Business After consideration on the merits, the committee recommends that the following be

Affairs referred favorably to the Committee of the Whole: SB99-085

and Labor

Business After consideration on the merits, the committee recommends that the following be

Affairs referred favorably to the Committee of the Whole: SB99-113

and Labor

Business After consideration on the merits, the committee recommends that SB99-069 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 25 and 26.

Page 3, strike lines 1 and 2 and substitute the following:

"(c)  FOR PURPOSES OF DETERMINING WHETHER AN APPLICANT MEETS THE REQUIREMENTS OF THE DEFINITION SET FORTH IN THIS SUBSECTION (6), A CARRIER MAY REQUIRE AN APPLICANT TO SUBMIT TO THE CARRIER ANY OF THE FOLLOWING FORMS OF DOCUMENTATION THAT IS APPLICABLE TO THE APPLICANT'S CURRENT BUSINESS OR EMPLOYMENT:".

Page 5, line 8, after "ONE", insert "FOR A BASIC OR STANDARD PLAN";

strike line 10 and substitute the following:

"A BUSINESS GROUP OF ONE. THE DATE UPON RECEIPT OF THE SIGNED APPLICATION AND";

line 22, strike "A PERSON MEETS" and substitute "THE DATE A PERSON INITIALLY MEETS".


Business After consideration on the merits, the committee recommends that SB99-109 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 line 8 and substitute the following:

"(2) (a) NO PERSON SHALL";

line 9, strike "ANOTHER" and substitute "A";

line 19, strike "ANOTHER" and substitute "A";

line 22, strike "ANOTHER" and substitute "A";

line 23, strike "ANOTHER" and substitute "A";

line 26, strike "ANOTHER" and substitute "A".

Page 3, strike lines 15 through 25 and substitute the following:

"SECTION 2. 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.".

Business After consideration on the merits, the committee recommends that the following be

Affairs postponed indefinitely: SB99-036

and Labor

Local After consideration on the merits, the committee recommends that the following be

Government referred favorably to the Committee of the Whole: SB99-024

Trans- After consideration on the merits, the committee recommends that the following be

portation postponed indefinitely: SB99-103

______________________________

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 Wednesday, January 27, was laid over until Thursday, January 28, retaining its place on the calendar.

______________________________

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

January 28, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate