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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