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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:

FIRE AND POLICE PENSION

ASSOCIATION

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