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SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
59th Legislative Day Friday, March 5,
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, 30.
Absent/Excused--Blickensderfer, Epps, Lamborn, Martinez, Tanner--Total, 5.
Present later--Epps, Martinez.
Quorum The President announced a quorum present.
Reading of On motion of Senator Owen,, reading of the Journal of March 4th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 99-207.
Services
Correctly engrossed: SB 99-153.
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 99-153 by Sen. Owen; Rep. Spradley--Restructure
Natural Gas Industry
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 | Y | Musgrave | Y | Tanner | E |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
E | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | E | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | E | Matsunaka | Y | Sullivant | Y |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Chlouber, Hernandez, Powers.
Committee On motion of Senator Tebedo, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Tebedo 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 99-1049 by Rep. Paschall; Senator Arnold--Applicability
Date Of Selection Of IME
Laid over until Monday, March 8, retaining its place on the calendar.
HB 99-1157 by Rep. Ament; Senator Owen--Work Comp
Exclusive Schedule For PPD
Laid over until Monday, March 8, retaining its place
on the calendar.
HB 99-1105 by Rep. Berry; Senator Arnold--Work Comp
TTD Criteria
Laid over until Monday, March 8, retaining its place
on the calendar.
HB 99-1143 by Rep. Lawrence; Sen. Musgrave--Health
Insurance
Amendment No. 1, by Senator Musgrave
Amend reengrossed bill, page 7, line 15, after "DISCONTINUE",
insert "COVERAGE".
Amendment No. 2, by Senator Musgrave
Amend reengrossed bill, page 5, line 16, strike "SIXTY"
and substitute "THIRTY";
line 17, strike "employment." and substitute
"employment UNLESS THE EMPLOYER HAS FAILED TO GIVE TIMELY
NOTICE IN ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH
(e).".
Page 6, line 23, strike "SIXTY" and substitute
"THIRTY";
line 24, strike "employment." and substitute
"employment UNLESS THE EMPLOYER HAS FAILED TO GIVE TIMELY
NOTICE IN ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH
(e).".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1067 by Rep. Webster; Sen. Reeves--City &
County Housing Authorities
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1229 by Rep. Johnson; Sen. Wattenberg--Reintroduction
Of Endangered Species
Laid over until Monday, March 8, retaining its place
on the calendar.
HB 99-1172 by Rep. Tool; sen. Wham--Evidentiary Issues
In Criminal Cases
Laid over until Monday, March 8, retaining its place
on the calendar.
HB 99-1173 by Rep. Veiga; Senator Perlmutter--Ed
Requirements For Youthful Offenders
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
SB 99-090 by Sen. Anderson; Rep. Kaufman--PERA Health
Care & Pension Changes
Laid over until Monday, March 8, retaining its place
on the calendar.
HB 99-1152 by Rep. Takis; Senator Nichol--Clarification
Of Affiliation Reqts
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 99-1114 by Rep. Spradley; Senator Dennis--Railroad
Crossing Project Cap
Amendment No. 1, Transportation Committee Amendment
(Printed in Senate Journal, March 1, page 385.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1026 by Rep. Fairbank; Senator Evans--Motor
Vehicle Revocations
Amendment No. 1, Transportation Committee Amendment
(Printed in Senate Journal, March 1, page 386.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1096 by Rep. Bacon; Sen. Reeves--Probationary
Teachers Employment
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 99-1041 by Rep. Miller; Sen. Dennis--BOCES Video
Teleconference Meetings
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 99-1147 by Rep. Mitchell; Sen. Andrews--Vacancies
On State Bd Of Education
Laid over until Monday, March 8, retaining its place
on the calendar.
SB 99-202 by Sen. Anderson; Rep. Pfiffner--Permit
Parents To Set School Curriculum
Laid over until Monday, March 8, retaining its place
on the calendar.
HB 99-1075 by Rep. Kaufman; Sen. Epps--Bail Bonding
By Compensated Sureties
Laid over until Monday, March 8, retaining its place
on the calendar.
HB 99-1134 by Rep. Hagedorn; Senator Wattenberg--Underground
Conv Of Public Utilities
Laid over until Monday, March 8, retaining its place
on the calendar.
HB 99-1191 by Rep. Smith; Sen. Matsunaka--Inspection
Of Public Records
Amendment No. 1, Local Government Committee Amendment
(Printed in Senate Journal, March 3, pages 402-403.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1033 by Rep. Sullivant; Sen. Hillman--Protecting
Vehicles From Rocks
Amendment No. 1, Transportation Committee Amendment
(Printed in Senate Journal, March 3, page 403.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage. (For further action, see
page 422 where the Hillman amendment to the Report of the Committee
of the Whole was adopted and HB99-1033, as amended, was ordered
laid over until Monday, March 8, retaining its place on the calendar.)
HB 99-1036 by Rep. Sullivant; Senator Wattenberg--Hazardous
Materials In Eisenhower Tunnel
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 99-1244 by Rep. Lee; Sen. Teck --Mod Real Prop
Comp Value Data Period
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 99-1160 by Rep. Fairbank; Sen. Dyer--Canvass Of
Elections
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, March 3, page 403.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1201 by Rep. King; Senator Epps--Insurance
Guaranty Assoc
Laid over until Monday, March 8, retaining its place
on the calendar.
AMENDMENT TO THE REPORT OF THE COMMITTEE OF
THE WHOLE
HB 99-1033 by Rep. Sullivant; Sen. Hillman--Protecting
Vehicles From Rocks
Senator Hillman moved to amend the Report of the Committee of the Whole to show that
HB99-1033, as amended, was laid over until Monday, March 8, retaining its place on the
calendar.
A majority of all members elected to the Senate
having voted in the affirmative, the amendment was adopted.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Tebedo, the Report of the Committee
of the Whole, as amended, was adopted and, a majority of all members
elected having voted in the affirmative, the following action
was taken:
HB99-1067, 99-1173, 99-1152, 99-1096, 99-1041, 99-1036, 99-1244 declared passed
on Second Reading.
HB99-1143 as amended, 99-1114 as amended, 99-1026 as amended, 99-1191 as
amended, 99-1160 as amended, declared passed on Second Reading.
SB99-090, 99-202; HB99-1049, 99-1157, 99-1105, 99-1229, 99-1172, 99-1147, 99-1075, 99-1134, 99-1201 laid over until Monday, March 8, retaining their place on the calendar.
HB99-1033, as amended, laid over until Monday, March 8, retaining its place on the
calendar.
__________________________
On motion of Senator Chlouber, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB99-1307, HB99-1215 and SB99-051 were made Special Orders at 10:27 a.m..
__________________________
Committee The hour of 10:27 a.m. having arrived, Senator Tebedo moved that the Senate resolve
of the itself into Committee of the Whole for consideration of Special Orders and Senator
Whole Tebedo was called to the Chair to act as Chairman.
SPECIAL ORDERS--SECOND READING OF BILLS--10:27
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 99-1307 by Rep. Vigil; Senator Feeley--Home &
Comm Based Svcs For Brain Injury
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 99-1215 by Rep. Larson; Senator Dyer--Sale Of
Alcohol Bevs By Common Carriers
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, March 4, page 415.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
SB 99-051 by Sen. Hernandez--Student Dropout Prevention
& Interventn
Amendment No. 1, Education Committee Amendment
(Printed in Senate Journal, January 15, page 63.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, March 4, page 417.)
As amended, 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 Tebedo, 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:
HB99-1307 declared passed on Second Reading.
HB99-1215 as amended and SB99-051 as amended, declared
passed on Second Reading.
CONSIDERATION OF RESOLUTION
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.)
On motion of Senator Tebedo, the resolution was ADOPTED by the following roll call
vote:
YES 31 | NO 0 | EXCUSED 4 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | E |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
E | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | E | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | E | Matsunaka | Y | Sullivant | Y |
Co-sponsors added: Anderson, Andrews, Arnold, Chlouber, Congrove, Dennis, Dyer,
Evans, Feeley, Hernandez, Lacy, Linkhart, Martinez,
Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Phillips,
Reeves, Rupert, Sullivant, Teck, Thiebaut, Wattenberg, Weddig,
Wham.
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: HB99-1097
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee of the Whole: HB99-1078
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee of the Whole: HB99-1076
and Military
Affairs
Judiciary After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: HB99-1242
Judiciary After consideration on the merits, the
committee recommends that HB99-1071 be amended
as follows and, as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend reengrossed bill, page 2, line 5, strike "hospital."
and substitute "HOSPITAL, WHOSE COMPETENCE HAS BEEN ESTABLISHED
AND IS MONITORED BY THE NONPROFIT ORGANIZATION, THE NON PROFIT
CORPORATION, OR THE HOSPITAL FOR WHICH HE OR SHE VOLUNTEERS.";
line 15, strike "WILFUL" and substitute
"WILLFUL";
line 16, strike "PHYSICIAN." and substitute
"PHYSICIAN, AND THE PHYSICIAN'S VOLUNTEER STATUS WAS DECLARED
BEFORE THE MEDICAL PROCEDURE OCCURRED AND THE PATIENT RECEIVING
THE VOLUNTEERED MEDICAL CARE, OR THE PATIENT'S REPRESENTATIVE,
AGREED IN A SEPARATE WRITING BEFOREHAND TO ACCEPT SUCH VOLUNTEERED
CARE AFTER FULL DISCLOSURE THAT, SHOULD THE PATIENT BE THE VICTIM
OF MEDICAL NEGLIGENCE, THE PATIENT WILL NOT HAVE A RIGHT TO SUE
THE VOLUNTEER DOCTOR.";
strike lines 17 through 26 and substitute the following:
"SECTION 2. 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.".
Page 3, strike line 1.
Local After consideration on the merits, the committee recommends that HB99-1145 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 2, strike lines 7 through
10 and substitute the following: "JURISDICTION.
SUCH PLUMBING CODE SHALL BE MODELED UPON EITHER THE COLORADO
STATE PLUMBING CODE, THE INTERNATIONAL PLUMBING CODE AS DEVELOPED
BY THE INTERNATIONAL CODE COUNCIL, OR UPON A NATIONALLY RECOGNIZED
MODEL PLUMBING CODE.";
strike line 15 and substitute the following: "THAT
MEET OR EXCEED THE QUALITY, STRENGTH, EFFECTIVENESS, DURABILITY,
HEALTH AND SAFETY REQUIREMENTS OF EITHER:";
line 21, strike "HEALTH AND SAFETY" and
substitute "APPLICABLE";
line 22, after "DATA", insert "EVIDENCING
COMPLIANCE WITH SUCH REQUIREMENTS".
Page 3, after line 4, insert the following:
"(8) THE PROVISIONS OF SUBSECTIONS
(5) AND (6) OF THIS SECTION DO NOT APPLY TO CONSTRUCTION FOR WHICH
THE LOCAL GOVERNMENT DOES NOT PROVIDE INSPECTION.".
Education The Committee on Education has had under
consideration and has had a hearing on the following appointments
and recommends that the appointments be confirmed:
COLORADO COMMISSION ON
HIGHER EDUCATION
effective February 1, 1999, for terms expiring July
1, 2002:
Marion Gottesfeld of Denver, Colorado, to serve as
a representative of the First Congressional District, and as a
Democrat, appointed;
Terrance L. Farina of Grand Junction, Colorado, to
serve as a representative West of the Continental Divide, and
of the Third Congressional District, and as a Democrat, appointed.
Education After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: HB99-1040
Education After consideration on the merits, the
committee recommends that the following be postponed indefinitely:
HB99-1210
Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under
Natural consideration and has had a hearing on the following appointment and recommends that
Resources the appointment be confirmed:
and Energy
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;
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural referred favorably to the Committee of the Whole: HB99-1267
Resources
and Energy
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural referred favorably to the Committee of the Whole: HB99-1108
Resources
and Energy
Agriculture, After consideration on the merits, the committee recommends that HB99-1117 be
Natural amended as follows and, as so amended be referred to the Committee of the Whole with
Resources favorable recommendation:
and Energy
Amend the reengrossed bill, page 4, line 14, after
"WRITING", insert "BY CERTIFIED MAIL";
strike line 19, and substitute "SUCH NOTICE
SHALL INFORM THE LANDOWNER OR OCCUPANT THAT HE OR SHE MAY";
line 21, strike "SUCH NOTICE SHALL BE";
strike line 22;
line 23, strike "BY CERTIFIED MAIL.".
Page 6, strike lines 18 through 21 and substitute
the following:
"treasurer who
OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED. THE COUNTY TREASURER
shall add the amount thereof
OF THE CLAIM to any taxes due, or to become due, from the owner,
and, if not paid in due course, the same shall be collected by
the county treasurer as delinquent taxes.";
line 22, strike "COLLECTED AND PAID.".
Agriculture, After consideration on the merits, the committee recommends that HB99-1228 be
Natural amended as follows and, as so amended be referred to the Committee of the Whole with
Resources favorable recommendation:
and Energy
Amend reengrossed bill, strike everything below the
enacting clause, and substitute the following:
"SECTION 1. 2472204
(3) (a), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
2472204. Allowance or denial
of inspection grounds procedure appeal.
(3) (a) The custodian shall deny the right of
inspection of the following records, unless otherwise provided
by law; except that any of the following records, other than letters
of reference concerning employment, licensing, or issuance of
permits, shall be available to the person in interest under this
subsection (3):
(XIII) VETERINARY MEDICAL DATA, INFORMATION,
AND RECORDS ON INDIVIDUAL ANIMALS THAT ARE OWNED BY PRIVATE INDIVIDUALS
OR BUSINESS ENTITIES, BUT ARE IN THE CUSTODY OF A VETERINARY MEDICAL
PRACTICE OR HOSPITAL, INCLUDING THE VETERINARY TEACHING HOSPITAL
AT COLORADO STATE UNIVERSITY, THAT PROVIDES VETERINARY MEDICAL
CARE AND TREATMENT TO ANIMALS. A VETERINARYPATIENTCLIENT
PRIVILEGE EXISTS WITH RESPECT TO SUCH DATA, INFORMATION, AND RECORDS
ONLY WHEN A PERSON IN INTEREST AND A VETERINARIAN ENTER INTO A
MUTUAL AGREEMENT TO PROVIDE MEDICAL TREATMENT FOR AN INDIVIDUAL
ANIMAL AND SUCH PERSON IN INTEREST MAINTAINS AN OWNERSHIP INTEREST
IN SUCH ANIMAL UNDERGOING TREATMENT. FOR PURPOSES OF THIS SUBPARAGRAPH
(XIII), "PERSON IN INTEREST" MEANS THE OWNER OF AN ANIMAL
UNDERGOING VETERINARY MEDICAL TREATMENT OR SUCH OWNER'S DESIGNATED
REPRESENTATIVE.
SECTION 2. Article
64 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
1264120. Veterinary records
in custody of animal care providers definition.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "ANIMAL CARE PROVIDER" MEANS
ANY VETERINARY PRACTICE OR VETERINARY HOSPITAL, INCLUDING THE
VETERINARY TEACHING HOSPITAL AT COLORADO STATE UNIVERSITY, THAT
PROVIDES VETERINARY CARE OR TREATMENT TO ANIMALS.
(2) ANIMAL CARE PROVIDERS SHALL MAKE AVAILABLE
THE VETERINARY RECORDS IN THEIR CUSTODY AS FOLLOWS:
(a) THE OWNER OF AN ANIMAL OR THE OWNER'S
DESIGNATED REPRESENTATIVE SHALL HAVE REASONABLE ACCESS TO SUCH
ANIMAL'S RECORDS FOR INSPECTION;
(b) THE OWNER OR THE OWNER'S DESIGNATED
REPRESENTATIVE MAY OBTAIN A SUMMARY OF SUCH ANIMAL'S RECORDS UPON
REQUEST, FOLLOWING TERMINATION OF CARE OR TREATMENT; AND
(c) COPIES OF VETERINARY RECORDS, INCLUDING
DIAGNOSTIC QUALITY X RAY, CT SCAN, MRI, OR OTHER FILM, SHALL BE
FURNISHED TO THE OWNER OR THE OWNER'S DESIGNATED REPRESENTATIVE
UPON PAYMENT OF REASONABLE COSTS.
(3) RECORDS CONCERNING AN ANIMAL'S CARE ARE AVAILABLE TO THE PUBLIC UNLESS A VETERINARYPATIENTCLIENT PRIVILEGE EXISTS WITH RESPECT TO SUCH ANIMAL, AS PROVIDED IN SECTION 2472204 (3) (a) (XIII), C.R.S.
SECTION 3. Effective date.
This act shall take effect at 12:01 a.m. on the day following
the expiration of the ninetyday period after final adjournment
of the general assembly that is allowed for submitting a referendum
petition pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.".
__________________________
On motion of Senator Chlouber, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Friday, March 5, was laid over until Monday, March 8, retaining its place on the calendar.
__________________________
On motion of Senator Chlouber, the Senate adjourned until 10:00 a.m., Monday,
March 8, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate