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
56th Legislative Day Tuesday, March 2,
1999
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Rev. Glen Hamlyn, Rocky
Mountain Cathedral, Denver.
Roll Call Present--Total, 32.
Absent/Excused--Andrews, Blickensderfer, Reeves--Total, 3.
Present later--Andrews, Blickensderfer, Reeves.
Quorum The President announced a quorum present.
Reading of On motion of Senator Owen, reading of the Journal of March 1st was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly engrossed: SB 99-11, 30, 73, 88.
Services
Correctly revised: HB 99-1047, 1065, 1122, 1130,
1162.
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 99-1091 by Rep. Hagedorn; Senator Linkhart--Individuals
Excluded From Colorado Works
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 1 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | 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 | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | N | 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.
SB 99-201 by Sen. Lacy; Rep. Berry--Fair Authority
Exempt From Procure Code
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 1 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | 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 | Y | Perlmutter | N | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | 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: Chlouber, Dennis, Hernandez, Phillips.
HB 99-1047 by Rep. Allen; Sen. Arnold--Financial
Aid At Priv Occ Schools
A majority of those elected to the Senate having
voted in the affirmative, Senator Arnold was given permission
to offer a Third Reading Amendment.
Third Reading Amendment No. 1, by Senator Arnold
Amend revised bill, page 5, after line 7, insert
the following:
"SECTION 5. Effective
date. This act shall take effect July 1, 2000.".
Renumber succeeding section accordingly.
A majority of all members elected to the Senate having
voted in the affirmative, the amendment was adopted.
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
|
YES 21 | NO 14 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | NY |
Andrews | Y | Feeley | NY | Nichol | Y | Tebedo | NY |
Arnold | Y | Hernandez | NY | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | NY | Thiebaut | NY |
Chlouber | Y | Lacy | Y | Perlmutter | N | Wattenberg | NY |
Congrove | Y | Lamborn | Y | Phillips | NY | Weddig | Y |
Dennis | Y | Linkhart | NY | Reeves | NY | Wham | NY |
Dyer | Y | Martinez | Y | Rupert | NY | Mr. President |
Y |
Epps | Y | Matsunaka | NY | Sullivant | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill, as
amended, was declared PASSED.
Co-sponsors added: Andrews, Chlouber, Hillman,
Powers, Sullivant.
HB 99-1130 by Rep. Veiga; Senator Matsunaka--Low
Income Auto Insurance
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 1 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | 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 | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | N |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Chlouber, Musgrave, Owen, Weddig.
HB 99-1065 by Rep. Sinclair; Sen. Andrews--Club Liquor
Licensees
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 1 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | 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 | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | N | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | 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 99-1122 by Rep. Webster; Senator Chlouber--Municipal
Regulation Of Businesses
A majority of those elected to the Senate having
voted in the affirmative, Senator Chlouber was given permission
to offer a Third Reading Amendment.
Third Reading Amendment No. 1, by Senator Chlouber
Amend revised bill, page 2, line 18, strike "(1)
(c)," and substitute "(1) (d),".
A majority of all members elected to the Senate having
voted in the affirmative, the amendment was adopted.
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
|
YES 29 | NO 6 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | 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 | NY | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | NY | Wattenberg | Y |
Congrove | NY | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | NY | 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,
as amended, was declared PASSED.
Co-sponsors added: Hernandez, Nichol
SB 99-030 by Sen. Matsunaka; Rep. Kaufman--Sales
Tx Lim Exempt For Mark Promot Tax
The question being "Shall the bill pass?" the roll was called with the following result:
YES 23 | NO 12 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | NY | Tanner | Y |
Andrews | NY | Feeley | Y | Nichol | Y | Tebedo | NY |
Arnold | NY | Hernandez | Y | Owen | N | Teck | Y |
Blickensderfer |
N | Hillman | NY | Pascoe | YY | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | YY | Wattenberg | Y |
Congrove | NY | Lamborn | N | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | YY | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
NY |
Epps | N | Matsunaka | Y | Sullivant | N |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsor added: Wham.
SB 99-073 by Sen. Arnold; Rep. Kester--Revenue Bonds
For Education
Laid over until Wednesday, March 3, retaining its
place on the calendar.
HB 99-1162 by Rep. Lawrence; Senator Arnold--Criminal
Procedure Changes
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 1 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | 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 | NY |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | 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: Powers.
SB 99-011 by Sen. Matsunaka; Rep.Kaufman--Affordable
Housing Spec Dist Fee Waiver
The question being "Shall the bill pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | 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 | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | YN | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | 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: Blickensderfer, Evans, Hernandez,
Reeves, Rupert, Weddig.
SB 99-088 by Sen. Andrews; Rep. Young--High Occupancy
Toll Lanes
The question being "Shall the bill pass?" the roll was called with the following result:
YES 16 | NO 19 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | NY | Nichol | N | Tebedo | Y |
Arnold | NY | Hernandez | N | Owen | N | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | N | Wattenberg | N |
Congrove | Y | Lamborn | Y | Phillips | N | Weddig | Y |
Dennis | Y | Linkhart | N | Reeves | N | Wham | N |
Dyer | Y | Martinez | N | Rupert | N | Mr. President |
N |
Epps | N | Matsunaka | N | Sullivant | N |
Less than a majority of all members elected to
the Senate having voted in the affirmative, the bill was declared
LOST. (For further action, see page 396 where Senator Arnold gave
Notice of Intent to Move for Reconsideration.)
INTRODUCTION OF RESOLUTION
The following resolution was read by title:
SJR 99-014 by Senators Dennis, Hillman, and Reeves;
also Representative Alexander--concerning osteoporosis prevention,
treatment, and public education.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Wednesday,
March 3.
COMMITTEE OF REFERENCE REPORTS
Judiciary After consideration on the merits, the
committee recommends that HB99-1075 be amended
as follows and, as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend reengrossed bill, page 4, strike lines 15 through
24 and substitute the following:
"(III) REDUCE COURT ADMINISTRATIVE
WORKLOAD.".
Page 8, line 7, strike "COURT." and substitute
"COURT; EXCEPT THAT, IF THE STATE EXTRADITES SUCH DEFENDANT,
ALL NECESSARY AND ACTUAL COSTS ASSOCIATED WITH SUCH EXTRADITION
SHALL BE BORNE BY THE SURETY UP TO THE AMOUNT OF THE BOND.".
Page 10, line 8, strike "EXONERATED." and
substitute "EXONERATED; EXCEPT THAT, IF THE STATE EXTRADITES
SUCH DEFENDANT, ALL NECESSARY AND ACTUAL COSTS ASSOCIATED WITH
SUCH EXTRADITION SHALL BE BORNE BY THE SURETY UP TO THE AMOUNT
OF THE BOND.";
strike lines 11 through 13 and substitute the following:
"SURRENDER OF THE DEFENDANT AND PROVIDES REASONABLE NOTICE TO THE COURT TO WHICH THE BOND RETURNS THAT THE DEFENDANT IS AVAILABLE FOR EXTRADITION, THE COURT";
line 16, strike "COURT." and substitute
"STATE AND THE SHERIFF WHO HAS ACTUALLY EXTRADITED THE DEFENDANT.".
Committee On motion of Senator Sullivant, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Sullivant 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:
__________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, HB99-1048 and HB99-1083 were advanced on the General Orders calendar.
__________________________
HB 99-1048 by Rep. Pfiffner; Sen. Hillman--Gov Delinquency Charge Regulations
(Amended in General Orders as printed in Senate
Journal, March 1, pages 382-383.)
Amendment No. 1, by Senator Perlmutter
Amend the committee amendment, as printed in Senate
Journal, February 24, page 358, strike line 5 and substitute the
following:
"line 12, strike "TWENTY-FIVE" and
substitute "UP TO FIVE PERCENT PER MONTH NOT TO EXCEED A
TOTAL OF TWENTY-FIVE";";
strike line 23 and substitute the following:
"line 12, strike "TWENTY-FIVE" and
substitute "UP TO FIVE PERCENT PER MONTH NOT TO EXCEED A
TOTAL OF TWENTY-FIVE".".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1083 by Rep. Saliman; Sen. Reeves--Mobile Home
Owner Eviction Notice
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
The following bills on the General Orders calendar
of Tuesday, March 2, were laid over until Wednesday, March 3,
retaining their place on the calendar:
HB99-1049, 99-1157, 99-1105, 99-1143, 99-1067, 99-1229, 99-1172, 99-1173;
SB99-153, 99-090.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Sullivant, 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:
HB99-1083 declared passed on Second Reading.
HB99-1048, as amended, declared passed on Second
Reading.
______________________________
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 Tuesday, March 2, was laid over until Wednesday, March 3, retaining its place on the calendar.
______________________________
NOTICE OF INTENT TO MOVE FOR RECONSIDERATION
SB 99-088 by Sen. Andrews; Rep. Young--High Occupancy
Toll Lanes
Having voted on the prevailing side, Senator Arnold
gave notice of intent to move for reconsideration of SB99-088.
Senate in recess.
Senate reconvened.
MESSAGE FROM THE HOUSE:
March 2, 1999
Mr. President:
The House has passed on Third Reading and transmitted to the Revisor of Statutes;
SB99-015, amended as printed in House Journal, March 1, page 657;
SB99-057, amended as printed in House Journal, March 1, page 657.
MESSAGE FROM THE REVISOR
We herewith transmit:
without comment, as amended, SB99-015 and 057.
MESSAGE FROM THE GOVERNOR
Appoint- Letter of designation and appointment from Governor Owens was read and assigned to
ment Committee as follows:
February 25, 1999
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:
effective February 25, 1999, for a term expiring
at the pleasure of the Governor:
William J. Kirven III of Englewood, Colorado, appointed.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 2/26/99
P. Dicks, Secretary
Committee on Business Affairs and Labor
APPOINTMENTS
February 19, 1999
Mr. Charles S. Brown
Director, Colorado Legislative Council
026 State Capitol
Denver, CO 80203
Dear Charlie:
It is our pleasure to appoint Representative Bill Kaufman as a member of the Colorado
Housing and Finance Authority, pursuant to section 29-4-704(b), C.R.S., [A member of
the general assembly appointed jointly by the speaker of the house and the majority leader
of the senate to serve for the legislative biennium..]
Sincerely,
(signed)
Russell George
Speaker of the House
(signed)
Tom Blickensderfer
Majority Leader of the Senate
________________________________
March 1, 1999
Mr. Charlie Brown, Director
Legislative Council
State Capitol, Room 029
Denver, CO 80203
Dear Mr. Brown:
Pursuant to C.R.S., Section 24-18-113, it is my pleasure to appoint State Senator John Evans to serve as a member on the Board of Ethics for the General Assembly effective,
March 1, 1999.
Sincerely,
(signed)
Tom Blickensderfer
Senate Majority Leader
On motion of Senator Linkhart, the Senate adjourned until 9:00 a.m., Wednesday,
March 3, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate