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
62nd Legislative Day Monday, March 8,
1999
Call to By the President at 10:00 a.m.
Order
Prayer By the chaplain, Rev. Arlyn Tolzmann, Holy
Cross Lutheran, Wheat Ridge.
Roll Call Present--Total, 34.
Absent/Excused--Musgrave--Total, 1.
Quorum The President announced a quorum present.
Reading of On motion of Senator Sullivant, reading of the Journal of March 5th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly engrossed: SB 99-51.
Services
Correctly revised: HB 99-1026, 1036, 1041, 1067,
1096, 1114, 1143, 1152, 1160, 1173, 1191, 1215, 1244, and 1307.
COMMITTEE OF REFERENCE REPORTS
Health, After consideration on the merits, the committee recommends that the following be
Environment, postponed indefinitely: HB99-1251
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee of the Whole: HB99-1227
Welfare and
Institutions
Trans- After consideration on the merits, the committee recommends that the following be
portation referred favorably to the Committee on
Appropriations: HB99-1179
Trans- After consideration on the merits, the committee recommends that HB99-1024 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 20, strike "42-4-1805
(3) (b) (III)" and substitute "42-4-1805 (2), (3) (b)
(III)".
Page 3, after line 3, insert the following:
"(2) Any operator having in his or
her possession any abandoned motor vehicle from a private tow
shall immediately notify THE DEPARTMENT, the sheriff, or the sheriff's
designee, of the county in which the motor vehicle is located
or the chief of police, or the chief's designee, of the municipality
in which the motor vehicle is located as to the name of the operator
and the location of the impound lot where the vehicle is located
and a description of the abandoned motor vehicle, including the
make, model, color, and year, the number, issuing state, and expiration
date of the license plate, and the vehicle identification number.
Upon such notification, the law enforcement agency shall ascertain,
if possible, whether or not the vehicle has been reported stolen
and, if so reported, such agency shall recover and secure the
motor vehicle and notify its rightful owner and terminate the
abandonment proceedings under this part 18. The responsible law
enforcement agency shall have the right to recover from the owner
its reasonable costs to recover and secure the vehicle.".
Page 4, line 14, strike "WHOLESALER" and
substitute "WHOLESALER, OR WHOLESALE MOTOR VEHICLE AUCTION
DEALER".
Trans- After consideration on the merits, the committee recommends that HB99-1158 be
portation amended as follows and, as so amended, be referred to the Committee on Appropriations
with favorable recommendation:
Amend reengrossed bill, page 3, line 20, strike "DEPARTMENT
OF EDUCATION," and substitute "DEPARTMENT,".
Page 4, line 15, after "EMPLOYER", insert
"OR PARENT, GUARDIAN OR OTHER RESPONSIBLE ADULT";
line 24, strike "ALL".
Page 5, strike lines 1 through 3 and substitute "42-4-236
(2) (a) AND PURSUANT TO SECTION 42-4-237.".
Page 6, line 7, strike "of education" and
substitute "of education".
Page 7, strike line 7 and substitute "FIELDS
OF THE SAME FARM, BETWEEN CONTIGUOUS FARMS, OR TO LOCAL MARKETS;
EXCEPT";
strike line 19 and substitute "(hh) DRIVING
A MOTOR VEHICLE WHILE".
Page 8, after line 15, insert the following:
"SECTION 7. No appropriation.
The general assembly has determined that this act can be implemented
within existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.".
Renumber succeeding sections accordingly.
SIGNING OF BILLS
The President has signed: HB99-1057, 1077, 1083,
1089, 1094, and 1162.
MESSAGE FROM THE HOUSE:
March 5, 1999
Mr. President:
The House has postponed indefinitely SB98-009,
071 and 156. The bills are returned herewith.
The House has adopted and returns herewith SJR99-010
The House has voted to concur in the Senate amendments to HB99-1047, 1073, 1091, 1100, 1122, 1123 and 1156 and has repassed the bills as so amended.
The House has voted not to concur in the Senate amendments to HB99-1061 and requests that a conference committee be appointed. The Speaker has appointed Representatives T. Williams, chairman, Larson, and Coleman as House conferees on the First Conference Committee on HB99-1061. The bill is transmitted herewith.
.
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 15, retaining its place
on the calendar.
HB 99-1143 by Rep. Lawrence; Sen. Musgrave--Health
Insurance
Laid over until Tuesday, March 9, retaining its place
on the calendar.
HB 99-1067 by Rep. Webster; Sen. Reeves--City &
County Housing Authorities
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | E | 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 |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsor added: Weddig
HB 99-1173 by Rep. Veiga; Senator Perlmutter--Ed
Requiremnts For Youthful Offenders
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | E | 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 |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Hernandez, Linkhart, Nichol, Pascoe.
HB 99-1152 by Rep. Takis; Senator Nichol--Clarification
Of Affiliation Reqts
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | E | 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 |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Hernandez, Weddig.
HB 99-1114 by Rep. Spradley; Senator Dennis--Railroad
Crossing Project Cap
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | E | 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 |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Hernandez, Martinez, Reeves.
HB 99-1026 by Rep. Fairbank; Senator Evans--Motor
Vehicle Revocations
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | E | 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 |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
HB 99-1096 by Rep. Bacon; Sen. Reeves--Probationary
Teachers Employment
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 | E | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | N |
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 |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Hernandez, Weddig.
HB 99-1041 by Rep. Miller; Sen. Dennis--BOCES Video
Teleconference Meetings
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | E | 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 |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
HB 99-1191 by Rep. Smith; Sen. Matsunaka--Inspection
Of Public Records
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | E | 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 |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsor added: Lamborn.
HB 99-1036 by Rep. Sullivant; Senator Wattenberg--Hazardous
Materials In Eisenhower Tunnel
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | E | 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 |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Hernandez, Pascoe, Powers.
HB 99-1244 by Rep. Lee; Sen. Teck --Mod Real Prop
Comp Value Data Period
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | E | 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 |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
HB 99-1160 by Rep. Fairbank; Sen. Dyer--Canvass Of
Elections
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | E | 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 |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
HB 99-1307 by Rep. Vigil; Senator Feeley--Home &
Comm Based Svcs For Brain Injury
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | E | 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 |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Hernandez, Martinez, Nichol, Pascoe,
Phillips, Reeves, Rupert.
HB 99-1215 by Rep. Larson; Senator Dyer--Sale Of
Alcohol Bevs By Common Carriers
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 | E | 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 |
The majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Chlouber, Feeley, Hernandez, Wattenberg.
SB 99-051 by Sen. Hernandez--Student Dropout Prevention
& Interventn
Laid over until Tuesday, March 9, retaining its place
on the calendar.
Committee On motion of Senator Hillman, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Hillman 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 Tuesday, March 9, 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 9, retaining its place
on the calendar.
HB 99-1105 by Rep. Berry; Senator Arnold--Work Comp
TTD Criteria
Laid over until Tuesday, March 9, retaining its place
on the calendar.
HB 99-1229 by Rep. Johnson; Sen. Wattenberg--Reintroduction
Of Endangered Species
Laid over until Tuesday, March 9, retaining its place
on the calendar.
HB 99-1172 by Rep. Tool; sen. Wham--Evidentiary Issues
In Criminal Cases
Laid over until Tuesday, March 9, retaining its place
on the calendar.
SB 99-090 by Sen. Anderson; Rep. Kaufman--PERA Health
Care & Pension Changes
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, February 4, page 165.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, February 26, page 376.)
Amendment No. 3, by Senator Anderson
Amend printed bill, page 4, line 2, strike "11.0%"
and substitute "10.0%".
Page 8, line 3, strike "THE" and substitute
"EXCEPT FOR THE STATE EMPLOYER CONTRIBUTION RATE FOR STATE
TROOPERS, THE".
Amendment No. 4, by Senator Anderson
Amend printed bill, page 10, line 26, after "(1)",
insert "(a)".
Page 11, after line 8, insert the following:
"(b) ANY GROUP HEALTH CARE PLAN OFFERED
BY THE BOARD THAT PROVIDES PHARMACY BENEFITS THROUGH THE SERVICES
OF A PHARMACY BENEFITS MANAGER SHALL REQUIRE SUCH MANAGER TO ALLOW
PARTICIPATION BY ANY NONMAIL ORDER RETAIL PHARMACY PROVIDER LICENSED
IN THE STATE OF COLORADO IF SUCH PHARMACY PROVIDER AGREES TO ACCEPT
THE FEE SCHEDULE, TERMS, AND CONDITIONS OF PARTICIPATION ESTABLISHED
BY THE PLAN'S PHARMACY BENEFITS MANAGER.".
As amended, ordered engrossed 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
Amendment No. 1, Education 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.
SB 99-202 by Sen. Anderson; Rep. Pfiffner--Permit
Parents To Set School Curriculum
Laid over until Tuesday, March 9, retaining its place
on the calendar.
HB 99-1075 by Rep. Kaufman; Sen. Epps--Bail Bonding
By Compensated Sureties
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, March 2, pages 394-395.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1134 by Rep. Hagedorn; Senator Wattenberg--Underground
Conv Of Public Utilities
Amendment No. 1, Local Government Committee Amendment
(Printed in Senate Journal, March 3, page 402.)
HB 99-1201 by Rep. King; Senator Epps--Insurance
Guaranty Assoc
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
(Amended in General Orders as printed in Senate
Journal, March 5, pages 421 and 422.)
As amended, declared LOST on Second Reading. (For further action, see page 436,
where the Hillman amendment to the report of the Committee of the Whole was adopted,
and HB99-1033, as amended, was ordered laid over Tuesday, March 9, retaining its place
on the calendar.)
HB 99-1275 by Rep. Fairbank; Sen. Epps--Operating
Requirements Of HMOs
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 99-1274 by Rep. King; Senator Andrews--Charter
School Provisions
Laid over until Wednesday, March 10, retaining its
place on the calendar.
HB 99-1259 by Rep. Kaufman; Sen. Lamborn--Certificate
Of Limited Partnership
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 99-1295 by Rep. T. Williams; Senator Blickensderfer--Civil
Liability Re Y2K
Laid over until Tuesday, March 9, retaining its place
on the calendar.
HB 99-1269 by Rep. King; Senator Owen --Reduce Comp
Benefits False Statements
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.
HB 99-1072 by Rep. McPherson; Sen. Blickensderfer--Employer
Protection In Reference Checks
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, March 4, page 416-417.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
SB 99-110 by Sen. Feeley; Rep. McElhany--Telecommunications
Laid over until Wednesday, March 10, retaining its
place on the calendar.
The following bills on the General Orders calendar of Monday, March 8, were laid over
until Tuesday, March 9, retaining their place on
the calendar:
SB99-033; HB99-1113 and 99-1209.
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 Tuesday, March 9, 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 Hillman, 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:
HB99-1201, 99-1275, 99-1259 declared passed on Second Reading.
SB99-090 as amended, HB99-1147 as amended, 99-1075 as amended, 99-1134 as
amended, 99-1269 as amended, 99-1072 as amended, declared passed on Second Reading.
SB99-202, HB99-1049, 99-1157, 99-1105, 99-1229, 99-1172, 99-1295; SB99-033;
HB99-1113, 99-1209, laid over until Tuesday, March 9, retaining their place on the calendar.
SB99-110 and HB99-1274 laid over until Wednesday, March 10, retaining their place on
the calendar.
HB99-1033 as amended, laid over until Tuesday, March 9, 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 Governor's appointment.
______________________________
CONSIDERATION OF GOVERNOR'S APPOINTMENT
On motion of Senator Anderson, the following Governor's
appointment was confirmed by a roll call vote:
for a term expiring July 1, 2002:
W. Gale Davey of Fort Morgan, Colorado.
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | E | 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 |
COMMITTEE OF REFERENCE REPORT
Judiciary After consideration on the merits, the
committee recommends that HB99-1188 be amended
as follows and, as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend reengrossed bill, page 4, line 5, strike "THE
RECORD MAINTAINED SEPARATE AND";
strike lines 6 through 9 and substitute the following:
"INFORMATION CONTAINED IN THE FILES SUBSEQUENT
TO THE COMPLETION OF AN ADOPTION PROCEEDING.".
Page 5, line 1, strike "only" and substitute
"only";
line 2, strike "shown." and substitute
"shown OR AS OTHERWISE AUTHORIZED PURSUANT TO ARTICLE 5 OF
THIS TITLE.";
line 3, strike "child, except to the" and
substitute "child except to the";
line 4, strike "extent disclosure is made"
and substitute "extent disclosure
is made FROM THE GENERAL PUBLIC,
EXCEPT AS ORDERED BY THE COURT FOR GOOD CAUSE SHOWN PURSUANT TO
THIS SECTION OR EXCEPT AS AUTHORIZED";
line 15, strike the first "parent," and
substitute "parent OR GRANDPARENT,", strike the second
"parent," and substitute "parent OR GRANDPARENT,",
and strike "or" and substitute "or";
strike line 16 and substitute the following:
"halfsibling OF AN ADOPTEE, ADULT DESCENDANT
OF THE ADOPTEE OR THE ADOPTIVE PARENT, LEGAL GUARDIAN OF AN ADOPTEE,
SPOUSE OF AN ADOPTEE, ADULT STEPCHILD OF AN ADOPTEE, OR THE LEGAL
REPRESENTATIVE OF ANY SUCH INDIVIDUAL;";
line 21, strike "relative." and substitute
"relative OR FOR THE PURPOSE OF OBTAINING CONSENT FOR THE
RELEASE OF ADOPTIVE RECORDS.".
Page 6, line 19, strike "THE" and substitute
"SUBJECT TO THE PROVISIONS OF SUBSECTION (4) OF THIS SECTION,
THE";
line 20, strike "RECORDS" and substitute
"RECORDS, IN ADDITION TO INSPECTION AUTHORIZED BY A COURT
UPON GOOD CAUSE SHOWN PURSUANT TO SECTION 191309,".
Page 7, line 2, strike "CONFIDENTIAL" and
substitute "CONFIDENTIAL,";
line 3, strike "ANONYMOUS." and substitute
"ANONYMOUS IF THE ADOPTION WAS FINALIZED ON OR AFTER JULY
1, 1967.";
line 5, strike the first "PARENT," and
substitute "PARENT OR GRANDPARENT," and strike the second
"PARENT," and substitute "PARENT OR GRANDPARENT,";
line 6, strike "OR";
line 7, strike "PARENT ONLY" and substitute
"PARENT, AN ADOPTEE'S LEGAL GUARDIAN, AN ADOPTEE'S SPOUSE,
AN ADULT STEPCHILD OF THE ADOPTEE, OR THE LEGAL REPRESENTATIVE
OF ANY SUCH INDIVIDUAL";
line 10, strike "RECORDS." and substitute
"RECORDS OR BY MUTUAL CONSENT OF THE PARTIES UPON PROOF OF
IDENTIFICATION.";
line 23, strike "RECORDS" and substitute
"RECORDS, AS THAT TERM IS DEFINED IN SECTION 191103
(6.5),";
line 26, after the second "PARENT,", insert
"OR A LEGAL REPRESENTATIVE OF ANY SUCH INDIVIDUAL."
and strike "AN ADOPTEE'S ADULT SIBLING".
Page 8, strike line 1;
line 2, strike "ADOPTIVE PARENT." and substitute
"IN ADDITION, ALL THOSE RECORDS DESCRIBED IN SECTION 191103
(6.5) (a) (I), (II), (IV), (V), AND (VI) RELATING TO ADOPTIONS
FINALIZED ON OR AFTER SEPTEMBER 1, 1999, SHALL BE OPEN TO INSPECTION
AND AVAILABLE FOR COPYING BY AN ADULT ADOPTEE'S BIRTH GRANDPARENT,
AN ADULT ADOPTEE'S GRANDPARENT, AN ADOPTEE'S ADULT SIBLING OR
HALFSIBLING, AN ADULT DESCENDANT OF THE ADOPTEE OR THE ADOPTIVE
PARENT, AN ADOPTEE'S LEGAL GUARDIAN, AN ADOPTEE'S SPOUSE, AN ADULT
STEPCHILD OF THE ADOPTEE, OR THE LEGAL REPRESENTATIVE OF ANY SUCH
INDIVIDUAL.";
line 13, after "A", insert "SIGNED
AND NOTARIZED";
line 14, strike "SIXTY" and substitute
"ONE HUNDRED EIGHTY";
line 19, after "PARENT.", add "THE
BIRTH PARENT SUBMITTING SUCH A WRITTEN STATEMENT MAY ALSO SUBMIT
TO THE COURT A LETTER OF EXPLANATION THAT SHALL BE RELEASED TO
THE ADOPTEE AT THE TIME THAT THE ADOPTEE MAKES A REQUEST FOR INSPECTION
OF THE ADOPTION RECORDS.".
Page 9, line 10, after the second "PARENT,", insert "OR THE LEGAL REPRESENTATIVE OF ANY SUCH INDIVIDUAL," and strike "ADOPTEE'S ADULT";
strike lines 11 through 19 and substitute the following:
"SHALL BE ALLOWED ACCESS TO THE ADOPTION RECORDS.
IN ADDITION, AN ADULT ADOPTEE'S BIRTH GRANDPARENT, AN ADULT ADOPTEE'S
GRANDPARENT, AN ADOPTEE'S ADULT SIBLING OR HALFSIBLING,
AN ADULT DESCENDANT OF THE ADOPTEE OR THE ADOPTIVE PARENT, AN
ADOPTEE'S LEGAL GUARDIAN, AN ADOPTEE'S SPOUSE, AN ADULT STEPCHILD
OF THE ADOPTEE, OR THE LEGAL REPRESENTATIVE OF ANY SUCH INDIVIDUAL
SHALL BE ALLOWED ACCESS TO THOSE RECORDS DESCRIBED IN SECTION
191103 (6.5) (a) (I), (II), (IV), (V), AND (VI).".
Page 10, line 25, strike "NOT TO EXCEED FIFTY
DOLLARS,".
Page 11, line 2, after "SERVICE.", insert
"THE LICENSED CHILD PLACEMENT AGENCY SHALL BE REQUIRED TO
PROVIDE A LIST OF NAMES, ADDRESSES, AND TELEPHONE NUMBERS OF ORGANIZATIONS
PERFORMING SIMILAR SERVICES PRIOR TO SIGNING ANY FEE AGREEMENT
WITH ANY PARTY SUBMITTING A CONSENT FORM.";
line 4, strike "A LICENSED CLINICAL SOCIAL";
line 5, strike "WORKER,";
after line 7, insert the following:
"(d) THE RELEASE OF ANY INFORMATION
BY A LICENSED CHILD PLACEMENT AGENCY PURSUANT TO THIS SUBSECTION
(3) SHALL BE SUBJECT TO THE PROVISIONS OF SUBSECTION (4) OF THIS
SECTION.
(4) Access to information and contact
concerning sibling groups. NOTWITHSTANDING THE PROVISIONS
SET FORTH IN SUBSECTIONS (2) AND (3) OF THIS SECTION AUTHORIZING
ACCESS TO ADOPTION RECORDS AND CONTACT WITH AN ADOPTEE, IN THOSE
CIRCUMSTANCES IN WHICH ONE FAMILY HAS ADOPTED TWO OR MORE SIBLINGS,
ACCESS TO THE ADOPTION RECORDS CONCERNING AN ADOPTEE AND CONTACT
WITH AN ADOPTEE SHALL NOT OCCUR UNTIL ALL OF THE SIBLINGS ADOPTED
BY THE FAMILY HAVE ATTAINED EIGHTEEN YEARS OF AGE; EXCEPT THAT,
CONTACT BY CONSENT MAY STILL OCCUR THROUGH THE CONFIDENTIAL INTERMEDIARY
PROCESS.";
line 8, strike "medical information."
and substitute "records for medical purposes.";
line 12, after "THAT", insert "THOSE
PORTIONS OF";
line 13, strike the first "RECORD" and
substitute "RECORDS" and strike the second "RECORD"
and substitute "RECORDS, IF ANY, THAT CONTAIN PERTINENT MEDICAL,
PSYCHOLOGICAL, OR PSYCHIATRIC INFORMATION";
line 25, strike "THE ADOPTION RECORDS SHALL
BE RELEASED" and substitute "THOSE PORTIONS OF THE ADOPTION
PROCEEDING, THE ADOPTION RECORDS, OR THE POSTADOPTION RECORDS
THAT THE COURT FINDS CONTAIN PERTINENT MEDICAL, PSYCHOLOGICAL,
OR PSYCHIATRIC INFORMATION SHALL BE RELEASED".
Page 12, line 6, strike "ADOPTEE'S BIRTH PARENT,"
and substitute "BIRTH PARENT OR GRANDPARENT,";
line 7, strike "PARENT," and substitute
"PARENT OR GRANDPARENT,";
line 8, strike the first "OR" and strike
"PARENT." and substitute "PARENT, AN ADULT ADOPTEE'S
LEGAL GUARDIAN, AN ADOPTEE'S SPOUSE, AN ADULT STEPCHILD OF THE
ADOPTEE, OR THE LEGAL REPRESENTATIVE OF ANY SUCH INDIVIDUAL.";
before line 9, insert the following:
"(3) NOTHING IN THIS SECTION SHALL
BE CONSTRUED TO LIMIT OR OTHERWISE RESTRICT THE AUTHORITY OF A
COURT TO AUTHORIZE THE INSPECTION OF THE RECORDS AND PROCEEDINGS
IN ADOPTION FOR GOOD CAUSE SHOWN PURSUANT TO SECTION 191309.".
MESSAGE FROM THE HOUSE:
March 8, 1999
Mr. President:
The House has passed on Third Reading and transmitted
to the Revisor of Statutes HB99- 1141.
The House has passed on Third Reading and returns
herewith SB99-010, 037, 066, 085, 131, 135, and 139.
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99- 1318, amended as printed in House Journal, March 5, pages 684-685;
SB99-041, amended as printed in House Journal, March 5, page 698;
SB99-111, amended as printed in House Journal, March 5, page 684;
SB99-113, amended as printed in House Journal,
March 5, pages 697-698.
Senate in recess.
Senate reconvened.
SENATE SERVICES REPORT
Senate Correctly enrolled: SB 99-005, 024, 032, and 101; also SJR 99-006.
Services
MESSAGE FROM THE REVISOR
We herewith transmit:
without comment, HB99-1141; and,
without comment, as amended, HB99-1318, SB99-041,
111, and 113.
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committee indicated:
SB 99-208 by Senators Martinez, Congrove, Dyer, Epps, Hernandez, Lacy, Matsunaka, Nichol, Perlmutter, Tanner, and Wattenberg--Concerning the elimination of the requirement that certain motor vehicles receive an emissions control inspection.
Transportation
SB 99-209 by Senator Lamborn; also Representative Webster--Concerning the expansion of the authority of a board of county commissioners to refer measures to the electors of a county.
Local Government
HB 99-1141 by Representative T. Williams; also Senator Owen--Concerning the elimination of the requirement that appointments of insurance producers by insurance companies be filed with the commissioner of insurance, and, in connection therewith, requiring insurers to maintain a current list of authorized agents and to make such list available to the commissioner for investigation and enforcement purposes.
Business Affairs & Labor
Appropriations
HB 99-1318 by Representatives Hoppe, George, Alexander, Berry, Johnson, Kaufman, Kester, McKay, Miller, Smith, Spradley, Webster, and Young; also Senators Wattenberg, Dennis, and Dyer--Concerning the addition of the commissioner of agriculture to the Colorado water conservation board as a nonvoting ex officio member.
Agriculture, Natural Resources, and Energy
SIGNING OF BILLS--RESOLUTIONS
The president has signed: SB 99-005, 024, 032,
and 101; also SJR 99-006.
On motion of Senator Martinez, the Senate adjourned until 9:00 a.m., Tuesday,
March 9, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate