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
55th Legislative Day Monday, March 1,
1999
Call to By the President at 10:00 a.m.
Order
Prayer By the chaplain, Rev. Glen Hamlyn, Rocky
Mountain Cathedral, Denver.
Roll Call Present--Total, 31.
Absent/Excused--Evans, Hernandez, Lacy, Linkhart--Total, 4.
Present later--Evans, Hernandez, Lacy, Linkhart.
Quorum The President announced a quorum present.
Reading of On motion of Senator Owen, reading of the Journal of February 26th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly engrossed: SB 99-201.
Services
Correctly revised: HB 99-1017, 1057, 1061, 1073,
1077, 1089, 1091, 1094, 1100, 1123, 1156.
COMMITTEE OF REFERENCE REPORTS
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee of the Whole: HB99-1152
and Military
Affairs
State, After consideration on the merits, the committee recommends that HB99-1079 be
Veterans, amended as follows and, as so amended, be referred to the Committee on Appropriations
and Military with favorable recommendation:
Affairs
Amend reengrossed bill, page 2, line 6, strike "A"
and substitute "AN ELECTRONIC OR";
line 7, strike "A" and substitute "AN
ELECTRONIC OR";
line 13, after "THE", insert "ELECTRONIC
OR";
line 15, strike "RULES, STANDARDS, POLICIES,
AND" AND SUBSTITUTE "RULES PROMULGATED BY THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT OF PERSONNEL PURSUANT TO SECTION 24301604(1).";
strike lines 16 and 17;
line 19, strike "A" and substitute "AN
ELECTRONIC OR";
line 21, strike "A" and substitute "AN
ELECTRONIC OR";
line 25, strike "RULES,".
Page 3, line 6, strike "RULES, STANDARDS, POLICIES,
AND PROCEDURES" and substitute "RULES";
line 7, strike "GGCC." and substitute "EXECUTIVE
DIRECTOR OF THE DEPARTMENT OF PERSONNEL.";
line 9, after "COUNTY" insert "AUTHORIZING THE USE OF DIGITAL OR ELECTRONIC SIGNATURES";
line 11, strike "GGCC." and substitute
"EXECUTIVE DIRECTOR.";
after line 13, insert the following:
"SECTION 3. The introductory
portion to 24301604 (1) and 24301604 (1)
(b), Colorado Revised Statutes, is amended to read:
24301604. Powers of the
executive director penalty for breach of confidentiality.
(1) In order to perform the functions and duties of
the GGCC as set forth in this part 16 AND IN ARTICLE 71 OF THIS
TITLE, the executive director of the department of personnel shall
exercise the following powers:
(b) To adopt such rules and regulations
as may be necessary to carry out the purposes and provisions of
this part 16 AND ARTICLE 71 OF THIS TITLE REGARDING DIGITAL OR
ELECTRONIC SIGNATURES;".
MESSAGE FROM THE HOUSE:
February 26, 1999
Mr. President:
The House has adopted and returns herewith SJR99-006.
The House has voted not to concur in the Senate
amendments to HB99-1014 and requests that a conference committee
be appointed. The Speaker has appointed Representatives McPherson,
chairman, Stengel, and Coleman as House conferees on the First
Conference Committee on HB99-1014. The bill is transmitted
herewith.
The House has voted not to concur in the Senate
amendments to HB99-1063 and requests that a conference committee
be appointed. The Speaker has appointed Representatives Dean,
chairman, Berry, and Miller as House conferees on the First Conference
Committee on HB99-1063. The bill is transmitted herewith.
INTRODUCTION OF BILL--FIRST READING
The following bill was read by title and referred
to the committee indicated:
HB 99-1294 by Representative Ragsdale; also Senator Lacy--Concerning the establishment of a procedure to include additional areas within certain special district boundaries.
Local Government
THIRD READING OF BILLS--FINAL PASSAGE
On Third Reading, the title of the following bills
were publicly read, the reading at length having been dispensed
with by unanimous consent:
HB 99-1012 by Rep. McKay; Senator Andrews --Adjust
Res Real Prop Assessment Ratio
Laid over until Monday, March 8, retaining its place
on the calendar.
HB 99-1077 by Rep. Taylor; Senator Reeves--Risk Management
Pilot Program
The question being "Shall the bill pass?" the roll was called with the
following result:
YES 31 | NO 0 | EXCUSED 4 | ABSENT 0 | ||||
Anderson | Y | Evans | E | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | E | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
HB 99-1057 by Rep. Larson; Sen. Teck--Retention Reqs
For Title Ins Docs
The question being "Shall the bill pass?" the roll was called with the
following result:
YES 31 | NO 0 | EXCUSED 4 | ABSENT 0 | ||||
Anderson | Y | Evans | E | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | E | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
HB 99-1123 by Rep. Webster; Senator Chlouber--Water
Conservancy District Boundaries
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 | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
Co-sponsor added: Sullivant.
HB 99-1094 by Rep. Grossman; Senator Arnold--Aggravated
Juvenile Offenders
The question being "Shall the bill pass?" the roll was called with the
following result:
YES 29 | NO 3 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | E | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | N |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | 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.
HB 99-1089 by Rep. Paschall; Senator Rupert--Cash
Assistance Under Colo Works
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 | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
Co-sponsor added: Hernandez
HB 99-1017 by Rep. Chavez; Senator Reeves--Appeals
Of Ind Resp Contracts
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 | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
Co-sponsor added: Wham
HB 99-1156 by Rep. Lee; Senator Andrews--Restorative
Justice For Jv Justice Systm
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 | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Phillips, Reeves, Rupert, Sullivant,
Tebedo, Weddig.
HB 99-1061 by Rep. T. Williams; Sen. Dennis--Unemployment
Benefits
The question being "Shall the bill pass?" the roll was called with the
following result:
YES 27 | NO 5 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | E | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | N | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | N |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | N | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
Co-sponsor added: Tebedo
HB 99-1100 by Rep. Tapia; Senator Dennis--Resident
Bidder Bid Preference
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 | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
Co-sponsor added: Chlouber
HB 99-1073 by Rep. Gordon; Sen. Blickensderfer--Division
Of PERA In Dom Rel Cases
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 | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Hernandez, Pascoe, Weddig.
HB 99-1091 by Rep. Hagedorn; Senator Linkhart--Individuals
Excluded From Colorado Works
Laid over until Tuesday, March 2, retaining its place
on the calendar.
SB 99-201 by Sen. Lacy; Rep. Berry--Fair Authority
Exempt From Procure Code
Laid over until Tuesday, March 2, retaining its place
on the calendar.
______________________________
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 House
amendments to Senate bills.
______________________________
CONSIDERATION OF HOUSE AMENDMENTS TO SENATE
BILLS
SB 99-031 by Sen. Anderson; Rep. Berry--Employee
Leasing Company Benefits
Senator Anderson moved that the Senate concur in House amendments to SB99-031, as
printed in House Journal, February 19, pages 507-508. The motion was adopted by the
following roll call vote:
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | E | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
|
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | E | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate
having voted in the affirmative, the bill, as amended, was declared
REPASSED.
Committee On motion of Senator Epps, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Epps 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:
HB 99-1047 by Rep. Allen; Sen. Arnold--Financial Aid At Priv Occ Schools
(Amended in General Orders as printed in Senate
Journal, February 26, page 372.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1049 by Rep. Paschall; Senator Arnold--Applicability
Date Of Selection Of IME
Laid over until Tuesday, March 2, retaining its place
on the calendar.
HB 99-1157 by Rep. Ament; Senator Owen--Work Comp
Exclusive Schedule For PPD
Laid over until Tuesday, March 2, retaining its place
on the calendar.
HB 99-1105 by Rep. Berry; Senator Arnold--Work Comp
TTD Criteria
Laid over until Tuesday, March 2, retaining its place
on the calendar.
HB 99-1048 by Rep. Pfiffner; Sen. Hillman--Gov Delinquency
Charge Regulations
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, February 24, pages 357-358.)
Amendment No. 2, by Senator Wham
Amend reengrossed bill, page 6, after line 11, insert
the following:
"SECTION 4. 3910104.5
(3) (a) and (3) (b), Colorado Revised Statutes, are amended to
read:
3910104.5. Payment dates
optional payment dates failure to pay delinquency.
(3) (a) If the first installment is not paid
on or before the last day of February, then delinquent interest
on the first installment shall accrue at the rate of one percent
per month from the first day of March until the date of payment;
EXCEPT THAT, IF PAYMENT OF THE FIRST INSTALLMENT IS MADE NOT LATER
THAN THIRTY DAYS AFTER THE MAILING BY THE TREASURER OF THE TAX
STATEMENT PURSUANT TO SECTION 3910103 (1) (a), NO
SUCH DELINQUENCY INTEREST SHALL BE PAYABLE. If the second installment
is not paid by the fifteenth day of June, delinquent interest
on the second installment shall accrue at the rate of one percent
per month from the sixteenth day of June until the date of payment;
EXCEPT THAT, IF PAYMENT OF THE SECOND INSTALLMENT IS MADE NOT
LATER THAN ONE HUNDRED THIRTYSEVEN DAYS AFTER THE MAILING
BY THE TREASURER OF THE TAX STATEMENT PURSUANT TO SECTION 3910103
(1) (a), NO SUCH DELINQUENCY INTEREST SHALL BE PAYABLE. Interest
on the first installment shall continue to accrue at the same
time that interest is accruing on the unpaid portion of the second
installment. The taxpayer shall continue to have the option of
paying delinquent property taxes in two equal installments until
one day prior to the sale of the tax lien on such property pursuant
to article 11 of this title.
(b) Notwithstanding the provisions of
paragraph (a) of this subsection (3), if the full amount of taxes
is paid in a single payment on or before the last day of April,
then no delinquent interest shall accrue on any portion of the
taxes; EXCEPT THAT, IF PAYMENT OF THE FULL AMOUNT OF TAXES IS
MADE NOT LATER THAN NINETYONE DAYS AFTER THE MAILING BY
THE TREASURER OF THE TAX STATEMENT PURSUANT TO SECTION 3910103
(1) (a), NO SUCH DELINQUENCY INTEREST SHALL BE PAYABLE. If the
full amount of taxes is paid in a single payment after the last
day of April, interest shall be added to the full amount of taxes
due in the amount of one percent per month which shall accrue
from the first day of May until the date of payment.".
Renumber succeeding section accordingly.
Page 6, line 21, after "of", insert "sections
1 and 2 of";
line 23, after the period, insert "The provisions
of section 4 of this act shall apply to payments made for property
tax years commencing on and after January 1, 1998.".
As amended, laid over until Tuesday, March 2, retaining
its place on the calendar.
HB 99-1130 by Rep. Veiga; Senator Matsunaka--Low
Income Auto Insurance
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 Epps, 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:
HB99-1130 declared passed on Second Reading.
HB99-1047, as amended, declared passed on Second Reading.
HB99-1049, 99-1157, 99-1105 laid over until Tuesday, March 2, retaining their place on the calendar.
HB99-1048, as amended, laid over until Tuesday, March 2, retaining its place on the
calendar.
MESSAGE FROM THE HOUSE:
March 1, 1999
Mr. President:
The House has adopted and transmits herewith HJR99-1011,
as printed in House Journal, February 24, pages 618-619.
The House has adopted and transmits herewith HJR99-1012,
as printed in House Journal, February 26, pages 634-635.
______________________________
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 Resolution.
INTRODUCTION AND IMMEDIATE CONSIDERATION OF
RESOLUTION.
HJR 99-1011 by Representatives S. Williams, Spence, Alexander, Bacon, Clapp, Clarke, Gagliardi, Gotlieb, Johnson, Keller, Kester, Leyba, Miller, Mitchell, Morrison, Ragsdale, Sinclair, Smith, Takis, Tapia, Tate, Taylor, Tochtrop, Tool, Tupa, Windels, Witwer, and Young; also Senators Anderson and Feeley--Concerning Read Across America Day celebrating Dr. Seuss.
(Printed in House Journal, February 24, pages 618-619.)
Senator Blickensderfer moved to suspend Senate
Rule 30(e).
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 Anderson, the Resolution was ADOPTED by the following roll call
vote:
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | E | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | E | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
Co-sponsors added: Andrews, Arnold, Blickensderfer, Chlouber, Congrove, Dennis, Dyer, Epps, Hernandez, Hillman, Lamborn, Martinez, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.
__________________________
On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB99-1065, 99-1122, 99-1162, and SB99-073, 99-030, 99-011, 99-088 were made Special Orders at 11:03 a.m.
__________________________
Committee The hour of 11:03 a.m having arrived, Senator Epps moved that the Senate resolve
of the itself into Committee of the Whole for consideration of Special Orders and Senator
Whole Epps was called to the Chair to act as Chairman.
SPECIAL ORDERS--SECOND READING OF BILLS--11:03
A.M.
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:
HB 99-1065 by Rep. Sinclair; Sen. Andrews--Club Liquor
Licensees
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 99-1122 by Rep. Webster; Senator Chlouber--Municipal
Regulation Of Businesses
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 99-030 by Sen. Matsunaka; Rep. Kaufman--Sales
Tx Lim Exempt For Mark Promot Tax
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 99-073 by Sen. Arnold; Rep. Kester--Revenue Bonds
For Education
Amendment No. 1, Education Committee Amendment
(Printed in Senate Journal, January 14, page 60.)
Amendment No. 2, Finance Committee Amendment
(Printed in Senate Journal, February 3, page 158.)
Amendment No. 3, by Senator Lamborn
Amend printed bill, page 2, line 10, strike "A
NEW PARAGRAPH," and substitute "THE FOLLOWING NEW PARAGRAPHS,";
after line 26, insert the following:
"(n) CITIES AND COUNTIES ISSUING
BONDS, NOTES, OR OTHER SECURITIES FOR PUBLIC CHARTER SCHOOLS SHALL
IMPOSE CRITERIA OR COVENANTS SUFFICIENT TO PREVENT THE DIRECT
SALE OF ANY NONINVESTMENT GRADE SECURITIES TO RETAIL CUSTOMERS.".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
HB 99-1162 by Rep. Lawrence; Senator Arnold--Criminal
Procedure Changes
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
SB 99-011 by Sen. Matsunaka--Affordable Housing Spec
Dist Fee Waiver
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 99-088 by Sen. Andrews; Rep. Young--High Occupancy
Toll Lanes
Amendment No. 1, Transportation Committee Amendment
(Printed in Senate Journal, February 11, pages 244-245.)
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 Epps, 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:
SB99-30, 99-011; HB99-1065, 99-1122, 99-1162 declared passed on Second Reading.
SB99-073 as amended, 99-088 as amended, declared
passed on Second Reading.
Senate in recess.
Senate reconvened.
COMMITTEE OF REFERENCE REPORTS
Trans- After consideration on the merits, the committee recommends that HB99-1114 be
portation amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend reengrossed bill, page 2, line 23, strike "ON GRADE SEPARATION PROJECTS".
Trans- After consideration on the merits, the committee recommends that HB99-1026 be
portation amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend reengrossed bill, page 1, line 4, strike "THE"
and substitute "A";
line 5, strike "FOLLOWING NEW SUBPARAGRAPHS,"
and substitute "A NEW SUBPARAGRAPH,".
Page 2, strike lines 24 through 26.
Page 3, strike lines 1 though 4.
Trans- After consideration on the merits, the committee recommends that HB99-1031 be
portation amended as follows and, as so amended, be referred to the Committee on Appropriations
with favorable recommendation:
Amend reengrossed bill, page 2, line 5, strike "TWO"
and substitute "FEWER THAN THREE".
Trans- After consideration on the merits, the committee recommends that the following be
portation referred favorably to the Committee on
Appropriations: HB99-1181
Trans- After consideration on the merits, the committee recommends that the following be
portation referred favorably to the Committee on
Appropriations: HB99-1032
Education After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: HB99-1096
Education After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: HB99-1041
Education After consideration on the merits, the committee recommends that HB99-1147 be
amended as follows and, as so amended, be referred
to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 1, line 6, after "elected,",
insert "OR WHEN A BOARD MEMBER IS ELECTED, QUALIFIED, AND
TAKES OFFICE FOR ANOTHER STATE OFFICE,".
Page 2, line 5, strike "THIRTY DAYS PRIOR TO
A GENERAL ELECTION" and substitute "WITH THE GENERAL
ELECTION IN NOVEMBER";
line 8, strike "TAKING OFFICE" and substitute
"SWORN IN".
Education After consideration on the merits, the committee recommends that SB99-198 be
amended as follows and, as so amended, be referred
to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 15, strike "FORTY"
and substitute "TWENTY".
Page 3, line 20, strike "FIFTY" and substitute
"FORTY";
line 24, strike "SIXTY" and substitute
"FIFTY".
Page 4, line 2, strike "SEVENTY" and substitute
"SIXTY";
line 7, strike "EIGHTY" and substitute
"SEVENTY".
Education After consideration on the merits, the committee recommends that SB99-202 be
amended as follows and, as so amended, be referred
to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 3, line 6, after "(3)",
insert "(a)";
strike lines 21 and 22 and substitute the following:
"PETITION, UNLESS A PARENT OR LEGAL GUARDIAN
WHO";
line 24, after the period, add "THE PRINCIPAL
SHALL KEEP AND MAINTAIN A LIST OF PARENTS AND LEGAL GUARDIANS
OF CHILDREN ATTENDING THE SCHOOL, BASED UPON CURRENT ENROLLMENT
RECORDS. WITHIN FIVE DAYS AFTER SUBMISSION OF A SIGNED PETITION
TO THE PRINCIPAL, THE SCHOOL SHALL MAKE SUCH PETITION, OR ANY
PORTION THEREOF, AVAILABLE FOR INSPECTION AND PHOTOCOPYING UPON
REQUEST BY A PARENT OR LEGAL GUARDIAN OF A CHILD ENROLLED IN THE
SCHOOL OR SHALL MAKE A COPY OF SUCH PETITION OR PORTION AVAILABLE
AT COST TO SUCH PARENT OR LEGAL GUARDIAN.";
after line 24, insert the following:
"(b) THE DISTRICT MAY PROVIDE THE
SCHOOL WITH FUNDS FOR THE IMPLEMENTATION OF THE EDUCATIONAL PROGRAMS
THAT ARE THE SUBJECT OF THE PETITION, BUT NOTHING IN THIS SECTION
SHALL REQUIRE THE DISTRICT TO PROVIDE ANY FUNDS IN ADDITION TO
THOSE THAT WERE BUDGETED, ALLOCATED, OR OTHERWISE PROVIDED TO
THE SCHOOL PRIOR TO THE FILING OF THE PETITION. THE SCHOOL MAY
SEEK FUNDS FROM OTHER SOURCES FOR THE IMPLEMENTATION OF THE EDUCATIONAL
PROGRAMS THAT ARE THE SUBJECT OF THE PETITION.".
Page 4, line 12, strike "A" and substitute
"SUBJECT TO THE PROVISIONS OF SUBSECTION (6) OF THIS SECTION,
A";
line 13, after "FOR", insert "AT LEAST";
strike lines 20 through 24 and substitute the following:
"A NEIGHBORHOOD ALTERNATIVE SCHOOL SO LONG AS:
(a) THE AVERAGE PERCENTAGE OF STUDENTS
IN THAT SCHOOL WHO HAVE BEEN ENROLLED IN THE CURRICULUM PROGRAM
IN QUESTION SCORING AT A PROFICIENT LEVEL OR HIGHER ON THE STATEWIDE
ASSESSMENTS IMPLEMENTED PURSUANT TO SECTION 227409,
CALCULATED OVER THE FIVEYEAR PERIOD ENDING WITH THE MOST
RECENT STATEWIDE ASSESSMENT, IS GREATER THAN THE AVERAGE PERCENTAGE
OF SUCH STUDENTS CALCULATED OVER THE FIVEYEAR PERIOD ENDING
ONE YEAR EARLIER; EXCEPT THAT, IF DATA FOR A FULL FIVEYEAR
PERIOD IS NOT AVAILABLE, THE AVERAGE SHALL BE CALCULATED OVER
A FOURYEAR PERIOD; AND
(b) THE EDUCATIONAL PROGRAM HAS NOT BEEN
RESCINDED BY A PETITION IMPLEMENTED PURSUANT TO THE REQUIREMENTS
OF THIS SECTION.".
Page 5, after line 5, insert the following:
"(9) NOTHING IN THIS SECTION SHALL
BE CONSTRUED TO PREVENT A LOCAL ADVISORY ACCOUNTABILITY COMMITTEE
OR OTHER SUCH AUTHORIZED ADVISORY GROUP FROM PERFORMING ITS DUTIES;
EXCEPT THAT, IF THERE IS A CONFLICT BETWEEN A RECOMMENDATION OF
SUCH AN ADVISORY GROUP AND A PETITION SUBMITTED PURSUANT TO THIS
SECTION, THE PETITION SHALL BE IMPLEMENTED.".
Education The Committee returns herewith Senate Bill 99-162 and reports that said bill has been
considered on its merits and voted upon by the committee in accordance with Senate Rules, that the deadline applicable to committees under Joint Rule 23 (a)(1) has passed,
that final action has not been taken by this committee within said deadline, and that the
Committee on Delayed Bills has not waived said deadline. Pursuant to Joint Rule
23 (a)(3)(A), said bill is deemed to be postponed
indefinitely.
MESSAGE FROM THE HOUSE:
March 1, 1999
Mr. President:
The House has passed on Third Reading and returns
herewith SB98-002, 005, 024, 032 and 101.
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99- 1002, amended as printed in House Journal, February 26, page 627;
HB99-1056, amended as printed in House Journal, February 26, page 629;
HB99-1137, amended as printed in House Journal, February 26, pages 628-629;
HB99-1151, amended as printed in House Journal, February 26, pages 627-628;
HB99-1155, amended as printed in House Journal,
February 26, page 628;
MESSAGE FROM THE REVISOR
March 1, 1999
We herewith transmit:
without comment, as amended, HB99-1002, 1056, 1137,
1151, and 1155.
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
HB 99-1002 by Representatives Alexander, Berry, Miller, and Young; also Senator Musgrave--Concerning the exemption of farm equipment from state sales and use tax.
Finance
Appropriations
HB 99-1056 by Representatives Berry, Dean, and Zimmerman; also Senator Phillips--Concerning the emergency response to hazardous substance incidents, and making an appropriation therefor.
Agriculture, Natural Resources, and Energy
Appropriations
HB 99-1137 by Representative Taylor; also Senator Blickensderfer--Concerning an exclusion of certain income from Colorado taxable income, and, in connection therewith, excluding certain interest income, dividend income, and net capital gains from the income tax imposed on individuals, estates, and trusts.
Finance
Appropriations
HB 99-1151 by Representative Sinclair; also Senator Lamborn--Concerning an increase in the amount of retirement income received by persons sixty-five years of age or older that may be subtracted from federal taxable income for purposes of calculating state income tax.
Finance
Appropriations
HB 99-1155 by Representatives Spradley, Alexander, George, Hefley, Johnson, Larson, Lawrence, Lee, May, Sullivant, Swenson, Witwer, and Young; also Senator Owen--Concerning the creation of an income tax credit for taxpayers who donate real property interests for conservation purposes.
Finance
Appropriations
INTRODUCTION OF RESOLUTION
The following resolution was read by title:
HJR 99-1012 by Representative Spradley; also Senators Tebedo, Epps, Hillman, Lamborn, and Powers--Concerning the declaration of the month of March as Teller County month in the state of Colorado.
(Printed in House Journal, February 26, pages 634-635.)
Laid over one day under Senate Rule 30(e), and placed on the calendar of Tuesday,
March 2.
SIGNING OF BILLS
The President has signed: HB99-1053, 1054, and
1062.
APPOINTMENTS TO CONFERENCE COMMITTEES
HB 99-1014 by Rep. Coleman; Senator Lamborn--Magnetic
Media Taxpayer Filing Reqs
The President appointed Senators Lamborn, Chairman,
Andrews and Linkhart as Senate Conferees on the First Conference
Committee on HB99-1014.
HB 99-1063 by Rep. Dean; Senator Tebedo--Remarriage
Penalty For Survivor Benefits
The President appointed Senators Tebedo, Chairman,
Wattenberg and Reeves as Senate Conferees on the First Conference
Committee on HB99-1063.
On motion of Senator Arnold, the Senate adjourned
until 9:00 a.m., Tuesday, March 2, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate