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SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
24th Legislative Day Friday, January 29,
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--Lacy, Linkhart, Perlmutter, Tebedo, Thiebaut, Wham--Total, 6.
Present later--Lacy, Linkhart, Tebedo, Thiebaut,
Wham.
Quorum The President announced a quorum present.
Reading of On motion of Senator Epps, reading of the Journal of January 28th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: HJR 99-1006.
Services
Correctly revised: HJR 99-1006.
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 HJR99-1009.
CONSIDERATION OF RESOLUTION
HJR 99-1009 by Representative Gotlieb; also Senator Wham--Congratulating the Denver Broncos in the achievement of their second consecutive AFC Championship win and extending support in their quest to bring home their second super bowl trophy.
(Printed in House Journal, January 28, pages 239-240.)
On motion of Senator Wham, the Resolution was ADOPTED by the following roll call
vote:
YES 33 | NO 0 | EXCUSED 2 | 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 | 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 |
Co-sponsors added: Anderson, Andrews, Arnold, Blickensderfer, Chlouber, Congrove, Dennis, Dyer, Epps, Evans, Feeley, Grampsas, Hernandez, Hillman, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Phillips, Powers, Reeves, Rupert, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig.
__________________________
On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB99-1099 was made Special Orders at
9:22 a.m.
__________________________
Committee The hour of 9:22 a.m. having arrived,
Senator Arnold moved that the Senate resolve itself of the into
the Committee of the Whole for consideration of Special Orders
and Senator Arnold Whole was called to the Chair to act as Chairman.
SPECIAL ORDERS--SECOND READING OF BILL--9:22 A.
M.
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:
HB 99-1099 by Rep. Sullivant; Senator Blickensderfer--Municipal
Incorporation Priority
Ordered revised and placed on the calendar for
Third Reading and Final Passage.
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:
HB99-1099 declared passed on second reading.
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 99-041 by Sen. Dyer; Rep. Swenson--Bicycle Traffic
Regulations
Laid over until Tuesday, February 2, retaining its
place on the calendar.
SB 99-057 by Sen. Dennis; Rep. Mitchell--Telecom
Prices & Audits
Laid over until Monday, February 1, retaining its
place on the calendar.
SB 99-028 by Sen. Nichol; Rep. Kaufman--Change Recount
Percentages
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 99-015 by Sen. Phillips--Expand County Lease Purchase
Authority
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 99-010 by Sen. Weddig--Aid To The Needy Disabled
Program
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, January 26, page 107.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-022 by Sen. Wham--Access To OB/GYN Medical
Care
Laid over until Monday, February 1, retaining its
place on the calendar.
SB 99-085 by Sen. Wham; Rep. Kaufman--Continue Colorado
Civil Rights Agencies
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 99-113 by Sen. Wattenberg; Rep. Lawrence--Civil
Rights Commission Responsibilities
Laid over until Monday, February 1, retaining its
place on the calendar.
SB 99-069 by Sen. Arnold; Rep. Johnson--Business
Group Of One Health Coverage
Laid over until Monday, February 1, retaining its
place on the calendar.
SB 99-109 by Sen. Teck; Rep. McElhany--Real Estate
Brokerage Relationships
Laid over until Tuesday, February 2, retaining its
place on the calendar.
SB 99-024 by Sen. Epps--School Dist Tax Levy For
Playgrounds
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
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:
SB99-028, SB99-015, SB99-085, SB99-024 declared passed on Second Reading.
SB99-010 as amended, declared passed on Second Reading.
SB99-057, SB99-022, SB99-113, SB99-069 laid over until Monday, February 1, retaining their place on the calendar.
SB99-041, SB99-109 laid over until Tuesday, February
2, retaining their place on the calendar.
COMMITTEE OF REFERENCE REPORTS
Education After consideration on the merits, the committee recommends that SB99-052 be
amended as follows and, as so amended, be referred
to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 3, after line 21, insert the following:
"(d) AN APPLICANT FOR AN ON-LINE PROGRAM SHALL
SPECIFY IN THE APPLICATION SUBMITTED PURSUANT TO THIS SECTION
PROCEDURES FOR CALCULATING, RECORDING, AND REPORTING BOTH HOURS
OF TEACHER-PUPIL INSTRUCTION AND CONTACT AS SET FORTH IN SECTION
22-32-109 (1) (n) AND PER PUPIL OPERATING REVENUES AS DEFINED
IN SECTION 22-54-103 (9).";
line 25, strike "22-30.5-104.5," and substitute "22-30.5-104.5
WITH REGARD TO ON-LINE INSTRUCTION,".
Page 4, line 18, strike "district accountability
committee" and substitute "district accountability
committee OR";
line 21, strike "SHALL" and substitute "MAY".
Page 5, line 19, strike "SCHOOL." and substitute "SCHOOL
UNLESS THE PARTIES MUTUALLY AGREE TO WAIVE THIS DEADLINE.".
Page 6, after line 6, insert the following:
"SECTION 5. 2254103 (10) (a) (II),
Colorado Revised Statutes, is amended to read:
2254103. Definitions. As used in
this article, unless the context otherwise requires:
(10) (a) (II) "Pupil enrollment"
shall include a pupil who is enrolled and participates in an online
program authorized pursuant to section 2233104.6 OR
SECTION 22-30.5-104.5.".
Renumber succeeding section accordingly.
Education After consideration on the merits, the
committee recommends that the following be postponed indefinitely:
SB99-059
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee of the Whole: SB99-142
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee on Finance: SB99-054
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee on Appropriations: SB99-067
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that the following be
Environment, postponed indefinitely: SB99-047
Welfare and
Institutions
Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Health, Environment, Welfare &
Institutions:
SB99-132
Finance After consideration on the merits, the committee
recommends that the following be referred favorably to the Committee
on Judiciary: SB99-106
Finance After consideration on the merits, the committee
recommends that the following be postponed indefinitely:
SB99-008
Local After consideration on the merits, the committee recommends that SB99-014 be
Government amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend printed bill, page 2, line 4, strike "(A)";
line 9, strike "AND PREVAILING";
strike lines 11 through 16;
before line 17, insert the following:
"(III) IF IT IS DETERMINED BY THE OFFICER OR AGENCY
RESPONSIBLE FOR DISTRIBUTING FEDERAL MONEYS TO A LOCAL GOVERNMENT
THAT COMPLIANCE WITH THIS PARAGRAPH (g) MAY CAUSE DENIAL OF FEDERAL
MONEYS THAT WOULD OTHERWISE BE AVAILABLE OR WOULD OTHERWISE BE
INCONSISTENT WITH REQUIREMENTS OF FEDERAL LAW, THIS SECTION SHALL
BE SUSPENDED, BUT ONLY TO THE EXTENT NECESSARY TO PREVENT DENIAL
OF THE MONEYS OR TO ELIMINATE THE INCONSISTENCY WITH FEDERAL REQUIREMENTS.".
Page 3, line 7, strike "(a)";
line 11, strike "AND PREVAILING";
strike lines 13 through 18;
before line 19, insert the following:
"(c) IF IT IS DETERMINED BY THE OFFICER OR AGENCY
RESPONSIBLE FOR DISTRIBUTING FEDERAL MONEYS TO A LOCAL GOVERNMENT
THAT COMPLIANCE WITH THIS SUBSECTION (3) MAY CAUSE DENIAL OF FEDERAL
MONEYS THAT WOULD OTHERWISE BE AVAILABLE OR WOULD OTHERWISE BE
INCONSISTENT WITH REQUIREMENTS OF FEDERAL LAW, THIS SECTION SHALL
BE SUSPENDED, BUT ONLY TO THE EXTENT NECESSARY TO PREVENT DENIAL
OF THE MONEYS OR TO ELIMINATE THE INCONSISTENCY WITH FEDERAL REQUIREMENTS.".
Page 4, line 10, after "THAT", insert "CERTAIN";
strike lines 12 and 13 and substitute the following:
"STATE. IN PARTICULAR, THE GENERAL ASSEMBLY DECLARES THAT
THE ISSUE OF MINIMUM WAGES, AS IT RELATES TO YOUTH EMPLOYMENT
IN THIS STATE, IS A MATTER OF STATEWIDE CONCERN.";
line 17, strike "MATTERS CONTAINED IN THIS ARTICLE"
and substitute "MINIMUM WAGES EARNED BY YOUNG PEOPLE".
strike lines 21 through 26.
Strike page 5 and substitute the following:
"SECTION 4. Effective date. This
act shall take effect upon passage.
SECTION 5. 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.".
Local After consideration on the merits, the committee recommends that SB99-077 be
Government amended as follows and, as so amended,
be referred to the Committee on Appropriations with favorable
recommendation:
Amend printed bill, page 7, after line 17, insert
the following:
"SECTION 4. 3930104
(1), Colorado Revised Statutes, is amended to read:
3930104. Credit against
tax investment in certain property. (1) (a) In
lieu of any credit allowable under section 3922507.5
AND EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION
(1), there shall be allowed to any person as a credit against
the tax imposed by article 22 of this title, for income tax years
commencing on or after January 1, 1986, an amount equal to the
total of three percent of the total qualified investment, as determined
under section 46 (c) (2) of the internal revenue code in such
taxable year in qualified property as defined in section 48 of
the internal revenue code to the extent that such investment is
in property which
THAT is used solely and exclusively in an enterprise zone for
at least one year. The references in this subsection (1) to sections
46 (c) (2) and 48 of the internal revenue code mean sections 46
(c) (2) and 48 of the internal revenue code as they existed immediately
prior to the enactment of the federal "Revenue Reconciliation
Act of 1990".
(b) FOR INCOME TAX YEARS COMMENCING ON
OR AFTER JANUARY 1, 2000, IN LIEU OF ANY CREDIT ALLOWABLE UNDER
SECTION 3922507.5, THERE SHALL BE ALLOWED TO ANY PERSON
AS A CREDIT AGAINST THE TAX IMPOSED BY ARTICLE 22 OF THIS TITLE
AN AMOUNT EQUAL TO THE TOTAL OF FIVE PERCENT OF THE TOTAL QUALIFIED
INVESTMENT, AS DETERMINED UNDER SECTION 46 (c) (2) OF THE INTERNAL
REVENUE CODE, IN SUCH TAXABLE YEAR IN QUALIFIED PROPERTY AS DEFINED
IN SECTION 48 OF THE INTERNAL REVENUE CODE TO THE EXTENT THAT
SUCH INVESTMENT IS IN PROPERTY THAT IS USED SOLELY AND EXCLUSIVELY
IN AN ENHANCED RURAL ENTERPRISE ZONE FOR AT LEAST ONE YEAR.".
Renumber succeeding sections accordingly.
Local After consideration on the merits, the committee recommends that SB99-020 be
Government amended as follows and, as so amended,
be referred to the Committee on Appropriations with favorable
recommendation:
Amend printed bill, page 3, line 25, strike "AMOUNT
EQUAL TO"and substitute "AMOUNT OF TWENTY-FIVE PERCENT".
Judiciary After consideration on the merits, the
committee recommends that SB99-048 be
amended as follows and, as so amended, be referred to the Committee
on Appropriations with favorable recommendation:
Amend printed bill, strike everything below the enacting clause
and substitute the following:
"SECTION 1. 184409, Colorado
Revised Statutes, is amended to read:
184409. Aggravated motor vehicle theft.
(1) As used in this section, unless the context otherwise
requires:
(a) "Motor vehicle" means all vehicles of
whatever description propelled by any power other than muscular,
except vehicles running on rails.
(b) "Vehicle identification number" means
the serial number placed upon the motor vehicle by the manufacturer
thereof or assigned to the motor vehicle by the department of
revenue.
(2) A person commits aggravated motor vehicle theft
in the first degree if he OR SHE knowingly obtains or exercises
control over the motor vehicle of another without authorization
or by threat or deception and:
(a) Retains possession or control of the motor vehicle
for more than twentyfour hours; or
(b) Attempts to alter or disguise or alters or disguises
the appearance of the motor vehicle; or
(c) Attempts to alter or remove or alters or removes
the vehicle identification number; or
(d) Uses the motor vehicle in the commission of a crime
other than a traffic offense; or
(e) Causes five hundred dollars or more property damage
in the exercise of control of the motor vehicle; or
(f) Causes bodily injury to another person while he
OR SHE is in the exercise of control of the motor vehicle; or
(g) Removes the motor vehicle from this state for a
period of time in excess of twelve hours; or
(h) Unlawfully attaches or otherwise displays in or
upon the motor vehicle license plates other than those officially
issued for the motor vehicle.
(3) Aggravated motor vehicle theft in the first degree
is a:
(a) Class 4 felony if the value of the motor vehicle
or motor vehicles involved is fifteen thousand dollars or less;
(b) Class 3 felony if the value of the motor vehicle
or motor vehicles involved is more than fifteen thousand dollars
or if the defendant has twice previously been convicted or adjudicated
of charges separately brought and tried either in this state or
elsewhere of an offense involving theft of a motor vehicle under
the laws of this state, any other state, the United States, or
any territory subject to the jurisdiction of the United States.
(4) A person commits aggravated motor vehicle theft
in the second degree if he or she knowingly obtains or exercises
control over the motor vehicle of another without authorization
or by threat or deception and if none of the aggravating factors
in subsection (2) of this section are present. Aggravated motor
vehicle theft in the second degree is a class 2 misdemeanor
but is a:
(a) Class 5 felony if committed by a person
who has been twice previously convicted or adjudicated of charges
separately brought and tried either in this state or elsewhere
of an offense involving theft of a motor vehicle under the laws
of this state, any other state, the United States, or any territory
subject to the jurisdiction of the United States, even though
none of the aggravating factors set forth in subsection (2) of
this section are present THE VALUE OF THE MOTOR VEHICLE
OR MOTOR VEHICLES INVOLVED IS FIFTEEN THOUSAND DOLLARS OR MORE;
(b) CLASS 6 FELONY IF THE VALUE OF THE MOTOR VEHICLE
OR MOTOR VEHICLES INVOLVED IS FIVE HUNDRED DOLLARS OR MORE BUT
LESS THAN FIFTEEN THOUSAND DOLLARS;
(c) CLASS 2 MISDEMEANOR IF THE VALUE OF THE MOTOR VEHICLE
OR MOTOR VEHICLES INVOLVED IS LESS THAN FIVE HUNDRED DOLLARS.
(5) CONSISTENT WITH SECTION 181202, IF
THE THEFT OF A MOTOR VEHICLE OCCURS IN ONE JURISDICTION AND THE
MOTOR VEHICLE IS RECOVERED IN ANOTHER JURISDICTION, THE OFFENDER
MAY BE TRIED IN THE JURISDICTION WHERE THE THEFT OCCURRED, IN
ANY JURISDICTION THROUGH WHICH THE MOTOR VEHICLE WAS OPERATED
OR TRANSPORTED, OR IN THE JURISDICTION IN WHICH THE MOTOR VEHICLE
WAS RECOVERED.
SECTION 2. Effective date applicability.
This act shall take effect July 1, 1999, and shall apply to offenses
committed 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.".
MESSAGES FROM THE GOVERNOR
Appoint- Letters of designation and appointment from Former Governor Romer and Governor
ments Owens were read and assigned to Committee
as follows:
August 5, 1998
To the Honorable
Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Ladies and Gentlemen:
Pursuant to the powers conferred upon me by the Constitution
and Laws of the State of Colorado, I have the honor to designate,
appoint and submit to your consideration, the following:
for terms expiring September 1, 2002:
Ronald M. Lappi of Grand Junction, Colorado to serve
as a representative of Colorado municipal employers, reappointed;
Gary E. West of Denver, Colorado to serve as a representative
of the business community experienced in personnel, reappointed;
Raymond M. Mitchell of Lakewood, Colorado to serve
as a representative of the business community with experience
in insurance disability claims, reappointed.
Sincerely,
(Signed)
Roy Romer
Governor
Rec'd 8/13/98
P. Dicks, Assistant Secretary
January 27, 1999
To the Honorable
Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Ladies and Gentlemen:
I intend to continue the appointments of the following individuals as Members of the
Fire and Police Pension Association:
Ronald M. Lappi of Grand Junction, Colorado
Gary E. West of Denver, Colorado
Raymond M. Mitchell of Lakewood, Colorado
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 1/27\99
P. Dicks, Secretary
Committee on State, Veterans, and Military Affairs
On motion of Senator Blickensderfer, the Senate adjourned until 10:00 a.m., Monday,
February 1, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate