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.
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, 34.
Absent/Excused--Lacy--Total, 1.
Present later--Lacy.
Quorum The President announced a quorum present.
Reading of On motion of Senator Owen, reading of the Journal of March 2nd was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SJR 99-14.
Services
Correctly revised: HB 99-1048, 1083.
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:
SB 99-073 by Sen. Arnold; Rep. Kester--Revenue Bonds
For Education
A majority of those elected to the Senate having
voted in the affirmative, Senator Tebedo was given permission
to offer a third Reading amendment.
Third Reading Amendment No. 1, by Senator Tebedo
Amend engrossed bill, page 2, line 9, strike "THE
FOLLOWING NEW PARAGRAPHS," and substitute "A NEW PARAGRAPH,".
Page 3, strike lines 1 through 4 and substitute the
following:
"SECTION 3. 293107,
Colorado Revised Statutes, is amended to read:
293107. Bond security.
(1) The principal of, the interest on, and any prior
redemption premiums due in connection with the bonds shall be
payable from, secured by a pledge of, and constitute a lien on
the revenues out of which such bonds shall be made payable. In
addition, they may be secured by a mortgage covering all or any
part of the project or upon any other property of the user, or
both, by a pledge of the revenues from or a financing agreement
for such project, or both, as the governing body in its discretion
may determine, but no county or municipality shall be authorized
hereby to pledge any of its property or to otherwise secure the
payment of any bonds with its property; except that the county
or municipality may pledge the property of the project or revenues
therefrom.
(2) COUNTIES AND MUNICIPALITIES ISSUING
BONDS FOR PUBLIC CHARTER SCHOOLS PURSUANT TO THIS SECTION SHALL
IMPOSE CRITERIA OR COVENANTS SUFFICIENT TO PREVENT THE DIRECT
SALE TO NONACCREDITED INVESTORS OF ANY SUCH BONDS THAT ARE CLASSIFIED
AS NONINVESTMENT GRADE SECURITIES. FOR PURPOSES OF THIS SECTION,
A "NONACCREDITED INVESTOR" SHALL MEAN AN INVESTOR
THAT IS NOT ACCREDITED AS THAT TERM IS DEFINED IN 15 U.S.C. SEC.
77b (a) (15)".
Renumber succeeding sections 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 13 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | NY | Tebedo | Y |
Arnold | Y | Hernandez | N | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | NY |
Chlouber | Y | Lacy | E | Perlmutter | N | Wattenberg | NY |
Congrove | Y | Lamborn | Y | Phillips | N | Weddig | N |
Dennis | Y | Linkhart | N | Reeves | N | Wham | N |
Dyer | Y | Martinez | Y | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | N | 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, Sullivant, Tebedo.
HB 99-1048 by Rep. Pfiffner; Sen. Hillman--Gov Delinquency
Charge Regulations
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 1 | EXCUSED 1 | 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 | N |
Chlouber | Y | Lacy | E | 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-sponsors added: Congrove, Hernandez, Lamborn,
Musgrave, Tebedo, Wattenberg, Wham.
HB 99-1083 by Rep. Saliman; Sen. Reeves--Mobile Home
Owner Eviction Notice
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 | N |
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, Congrove, Hernandez,
Martinez, Musgrave, Nichol, Perlmutter, Phillips, Rupert.
RECONSIDERATION OF SB99-088
Having voted on the prevailing side, Senator Arnold moved for reconsideration of
SB99-088.
Reconsideration was granted by the following roll
call vote:
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 | 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 |
THIRD READING OF BILL--FINAL PASSAGE
On Third Reading, the title of the following bill
was publicly read, the reading at length having been dispensed
with by unanimous consent:
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 20 | NO 15 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | N | Nichol | N | Tebedo | Y |
Arnold | Y | Hernandez | N | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | N | Wattenberg | N |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | N | Reeves | N | Wham | N |
Dyer | Y | Martinez | N | Rupert | N | Mr. President |
N |
Epps | Y | Matsunaka | N | Sullivant | N |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Musgrave, Tebedo, Teck.
Committee On motion of Senator Perlmutter, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Perlmutter 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, SB99-153 was advanced on the General Orders calendar.
__________________________
SB 99-153 by Sen. Owen; Rep. Spradley--Restructure
Natural Gas Industry
Laid over until Thursday, March 4, retaining its
place on the calendar.
The following bills on the General Orders calendar
of Wednesday, March 3, were laid over until Thursday, March 4,
retaining their place on the calendar:
HB99-1049, 99-1157, 99-1105, 99-1143, 99-1067, 99-1229, 99-1172, 99-1173;
SB99-090; HB99-1152, 99-1114, 99-1026, 99-1096, 99-1041,
99-1147; SB99-202.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Perlmutter, 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:
SB99-153; HB99-1049, 99-1157, 99-1105, 99-1143, 99-1067, 99-1229, 99-1172,
99-1173; SB99-090; HB99-1152, 99-1114, 99-1026, 99-1096, 99-1041, 99-1147;
SB99-202 laid over until Thursday, March 4, retaining
their place on the calendar.
COMMITTEE OF REFERENCE REPORTS
Local After consideration on the merits, the committee recommends that HB99-1134 be
Government amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend reengrossed bill, page 3, strike lines 20 through
26 and substitute the following:
"SECTION 3. Part 1 of
article 9.5 of title 40, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
409.5117. Surcharge for
underground conversion of facilities.
THE BOARD OF DIRECTORS OF A COOPERATIVE ELECTRIC ASSOCIATION MAY
ADOPT A RESOLUTION TO IMPOSE A SURCHARGE ON THOSE CONSUMERS WITHIN
THE SERVICE AREA OF THE COOPERATIVE ELECTRIC ASSOCIATION WHO DERIVE
A BENEFIT FROM THE CONVERSION OF OVERHEAD ELECTRIC AND COMMUNICATION
FACILITIES TO UNDERGROUND LOCATIONS. SUCH SURCHARGE SHALL BE LIMITED
TO COSTS RELATED TO THE CONVERSION OF OVERHEAD ELECTRIC AND COMMUNICATION
FACILITIES TO UNDERGROUND LOCATIONS.".
Page 4, strike lines 1 through 14 and substitute
the following:
SECTION 4. 29-8-104, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
29-8-104. Powers conferred.
(2) THE GOVERNING BODY OF EVERY MUNICIPAL UTILITY MAY, BY RESOLUTION
OR ORDINANCE, IMPOSE A SURCHARGE ON THOSE CONSUMERS WITHIN SUCH
MUNICIPAL UTILITY'S SERVICE AREA WHO DERIVE A BENEFIT FROM THE
CONVERSION OF OVERHEAD ELECTRIC AND COMMUNICATION FACILITIES TO
UNDERGROUND LOCATIONS.".
Renumber succeeding sections accordingly.
Local After consideration on the merits, the committee recommends that HB99-1191 be
Government amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend reengrossed bill, page 1, after line 1, insert
the following:
"SECTION 1. The introductory
portion to 2472203 (3) (b), Colorado Revised Statutes,
is amended, and the said 2472203 (3) (b) is further
amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:
2472203. Public records
open to inspection. (3) (b) The
date and hour set for the inspection of records not readily available
at the time of the request shall be within a reasonable time after
the request. As used in this subsection (3), a "reasonable
time" shall be presumed to be three working days or less.
Such period may be extended if extenuating circumstances exist.
However, such period of extension shall not exceed seven WORKING
days. A finding that extenuating circumstances exist shall be
made in writing by the custodian and shall be provided to the
person making the request within the threeday period. Extenuating
circumstances shall apply only when:
(III) A REQUEST INVOLVES SUCH A LARGE
VOLUME OF RECORDS THAT THE CUSTODIAN CANNOT REASONABLY PREPARE
OR GATHER THE RECORDS WITHIN THE THREE DAY PERIOD WITHOUT SUBSTANTIALLY
INTERFERING WITH THE CUSTODIAN'S OBLIGATION TO PERFORM HIS OR
HER OTHER PUBLIC SERVICE RESPONSIBILITIES.".
Renumber succeeding sections accordingly.
Page 2, line 7, after the period, add "THIS SUBSUBPARAGRAPH (A) SHALL NOT APPLY TO RECORDS OF SEXUAL HARASSMENT COMPLAINTS AND INVESTIGATIONS THAT ARE INCLUDED IN COURT FILES AND RECORDS OF COURT PROCEEDINGS. DISCLOSURE OF ALL OR A PART OF ANY RECORDS OF SEXUAL HARASSMENT COMPLAINTS AND INVESTIGATIONS TO THE PERSON IN INTEREST IS PERMISSIBLE TO THE EXTENT THAT THE DISCLOSURE CAN BE MADE WITHOUT PERMITTING THE IDENTIFICATION, AS A RESULT OF THE DISCLOSURE, OF ANY INDIVIDUAL INVOLVED. THIS SUBSUBPARAGRAPH (A) SHALL NOT PRECLUDE DISCLOSURE OF ALL OR PART OF THE RESULTS OF AN INVESTIGATION OF THE GENERAL EMPLOYMENT POLICIES AND PROCEDURES OF AN AGENCY, OFFICE, DEPARTMENT, OR DIVISION, TO THE EXTENT THAT THE DISCLOSURE CAN BE MADE WITHOUT PERMITTING THE IDENTIFICATION, AS A RESULT OF THE DISCLOSURE, OF ANY INDIVIDUAL
INVOLVED.".
Local After consideration on the merits, the committee recommends that the following be
Government postponed indefinitely: HB99-1149
Trans- After consideration on the merits, the committee recommends that HB99-1033 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 3, line 6, strike the
second "OR";
line 9, strike "C.R.S.", and substitute
the following:
"C.R.S.; OR
(IV) OPERATING ONLY ON GRAVEL ROADS.".
Trans- After consideration on the merits, the committee recommends that the following be
portation referred favorably to the Committee of
the Whole: HB99-1036
Finance After consideration on the merits, the committee
recommends that the following be referred favorably to the Committee
of the Whole: HB99-1244
State, After consideration on the merits, the committee recommends that HB99-1160 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend reengrossed bill, page 15, line 17, strike
"ONE" and substitute "ONE-HALF OF ONE".
______________________________
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 SJR99-014.
CONSIDERATION OF RESOLUTION
SJR 99-014 by Senators Dennis, Hillman, and Reeves;
also Representative Alexander--Concerning osteoporosis prevention,
treatment, and public education.
On motion of Senator Dennis, the Resolution was ADOPTED
by the following roll call vote:
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 | 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 |
Co-sponsors added: Anderson, Andrews, Arnold, Blickensderfer,
Chlouber, Congrove, Dyer, Epps, Evans, Feeley, Hernandez, Lacy,
Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen,
Pascoe, Perlmutter, Phillips, Powers, Rupert, Sullivant, Tanner,
Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.
______________________________
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, March 3, was laid over until Thursday, March 4, retaining its place on the calendar.
______________________________
Senate in recess.
Senate reconvened.
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: HB99-1201
and Labor
Business After consideration on the merits, the committee recommends that HB99-1198 be
Affairs amended as follows and, as so amended, be referred to the Committee on Appropriations
and Labor with favorable recommendation:
Amend reengrossed bill, page 2, strike lines 12 and
13;
line 14, strike "(b)
(II)" and substitute "(b)".
Page 13, strike lines 9 and 10;
line 11, strike "(b)
(II)" and substitute "(b)".
MESSAGE FROM THE GOVERNOR
Appoint- Letter of designation and appointment from Governor Owens was read and assigned to
ment Committee as follows:
March 1, 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,
reappoint and submit to your consideration, the following:
WILDLIFE COMMISSION
effective March 1, 1999, for a term expiring March
1, 2003:
The Honorable Marianna M. Raftopoulos of Craig, Colorado,
to serve as a County Commissioner from District 1, and as a Republican,
reappointed.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 3/3/99
P. Dicks, Secretary
Committee on Agriculture, Natural Resources and Energy
TRIBUTES -- A POINT OF INTEREST
Honoring Mark Frazier--by Senator Owen
Honoring Eric Boltman--by Senator Owen
On motion of Senator Reeves, the Senate adjourned until 9:00 a.m., Thursday,
March 4, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate
TRIBUTES -- A POINT OF INTEREST
Honoring Mark Frazier--by Senator Owen
Honoring Eric Boltman--by Senator Owen