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

65th Legislative Day Thursday, March 11, 1999


Call to By the President at 9:00 a.m.

Order

Prayer By the chaplain, Rev. Arlyn Tolzmann, Holy Cross Lutheran Church, Wheat Ridge.

Roll Call Present--Total, 31.

Absent/Excused--Congrove, Dennis, Feeley, Lacy--Total, 4.

Present later--Congrove, Lacy.

Quorum The President announced a quorum present.

Reading of On motion of Senator Sullivant, reading of the Journal of March 10th was

Journal dispensed with and the Journal stands approved as corrected by the Secretary.


SENATE SERVICES REPORT

Senate Correctly printed: SB 99-210.

Services

Correctly engrossed: SB 99-110.

To the governor for signature on Wednesday, March 10, 1999, at 11:50 am: SB 99-175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190.

To the governor for signature on Wednesday, March 10, 1999, at 2:40 pm:

SB 99-5, 24, 32, 101.

APPOINTMENTS TO CONFERENCE COMMITTEE

HB 99-1209 by Rep. Allen; Senator Anderson--School Finance

The President appointed Senators Anderson, Chairman, Teck and Matsunaka as Senate Conferees on the First Conference Committee on HB99-1209.


SIGNING OF BILLS

The President has signed: SB99-191, 192, 193, 194, 195, 196, 197.


CONFERENCE COMMITTEES GRANTED FURTHER POWERS

HB 99-1209 by Rep. Allen; Senator Anderson--School Finance

Senator Anderson moved that the Senate Conferees on the First Conference Committee on HB99-1209 be given the powers to go beyond the scope of the differences between the two Houses.

A majority of all members elected to the Senate having voted in the affirmative, the motion was adopted.

HB 99-1113 by Rep. Dean; Sen. Arnold--Charter School Funding

Senator Arnold moved that the Senate Conferees on the First Conference Committee on HB99-1113 be given the powers to go beyond the scope of the differences between the two Houses.

A majority of all members elected to the Senate having voted in the affirmative, the motion was adopted.

______________________________

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 Thursday, March 11, was laid over until Friday, March 12, retaining its place on the calendar.

______________________________

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

Business The Committee on Business Affairs and Labor has had under consideration and has had a

Affairs hearing on the following appointment and recommends that the appointment be confirmed:

and Labor

COMMISSIONER OF INSURANCE

effective February 25, 1999, for a term expiring at the pleasure of the Governor:

William J. Kirven III of Englewood, Colorado, appointed.


Business After consideration on the merits, the committee recommends that the following be

Affairs referred favorably to the Committee of the Whole: HB99-1213

and Labor

Business After consideration on the merits, the committee recommends that the following be

Affairs referred favorably to the Committee of the Whole: HB99-1217

and Labor

Business After consideration on the merits, the committee recommends that HB99-1107 be

Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with

and Labor favorable recommendation:

Amend reengrossed bill, strike everything below the enacting clause, and substitute the following:

"SECTION 1.  8­42­104, Colorado Revised Statutes, is amended to read:

8­42­104.  Effect of previous injury or compensation. (1)  The fact that an employee has suffered a previous disability OR IMPAIRMENT or received compensation therefor shall not preclude compensation for a later injury or for death, but, in determining compensation benefits payable for the later injury permanent total disability, or death, the employee's average weekly earnings at the time of the later injury shall be used in determining the compensation payable to the employee or such employee's dependents. Notwithstanding any other provision of articles 40 to 47 of this title, no claimant may receive concurrent permanent total disability awards from injuries occurring in this state or any other state.

(2) (a)  In case CASES OF PERMANENT TOTAL DISABILITY, WHEN there is a previous disability, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury. In such cases awards shall be based on said computed percentage. Such computation, when applicable, shall be made in the following types of awards under articles 40 to 47 of this title:

(b)  WHEN BENEFITS ARE AWARDED PURSUANT TO SECTION 8­42­107, AN AWARD OF BENEFITS FOR AN INJURY SHALL EXCLUDE ANY PREVIOUS IMPAIRMENT TO THE SAME BODY PART.

(c)  THIS SUBSECTION (2) SHALL APPLY TO permanent total AND permanent partial including scheduled, working unit, and lump sum DISABILITY AWARDS; except that in the event THIS SUBSECTION (2) SHALL NOT APPLY TO CASES IN WHICH the provisions of section 8­46­101 are applicable. such apportionment shall not be made.

SECTION 2.  Effective date ­ applicability. This act shall take effect July 1, 1999, and shall apply to injuries occurring on or after said date.

SECTION 3.  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.".


Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB99-1176

Education After consideration on the merits, the committee recommends that SB99-203 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, strike lines 2 through 12.

Strike pages 3 and 4.

Page 5, strike line 1.

Renumber succeeding sections accordingly.

Page 5, line 11, strike "Repeal.";

strike line 12 and substitute "amended to read:";

strike lines 14 through 23 and substitute the following:

"It is the intent of the general assembly that the number of education programs offered at state institutions of higher education be reduced CONSIDERED FOR REDUCTION by the academic year 1989 YEAR 2000. Not later than March 30, 1986 JULY 1, 2000, the commission shall present to the general assembly HOUSE AND SENATE EDUCATION COMMITTEES a report on its decisions on the closure, consolidation, centralization, and reduction of duplication of undergraduate and graduate programs in education. In arriving at these ITS decisions, the commission shall consider population, education, geographic service area, QUALITY AND ALIGNMENT WITH THE STANDARDS­BASED EDUCATION MODEL OPERATING IN COLORADO, and economic factors. The governing boards shall be required to implement these directives not later than September 1, 1989 SEPTEMBER 1, 2000.".

Page 8, strike lines 1 through 6 and substitute the following:

"governmental or public entities; except that provisions as provided for in section 23-1-108 (1) (f) regarding affirmative action shall be followed. Any nonprofit corporation incorporated pursuant to the provisions of this subsection (2) by the Colorado advanced technology institute shall annually file with the general assembly STATE AUDITOR a copy of the corporation's annual report.";

strike lines 24 through 26.

Page 9, strike lines 1 through 19.

Renumber succeeding sections accordingly.

Page 10, strike lines 9 through 26.

Page 11, strike line 1.

Renumber succeeding sections accordingly.

Page 11, strike lines 16 through 22.

Renumber succeeding sections accordingly.

Page 12, line 20, strike "Repeal.";

strike line 21 and substitute "is amended to read:";

strike lines 22 through 26 and substitute the following:

"23-21-521. Annual report. The authority shall submit to the governor and the general assembly JOINT BUDGET COMMITTEE within six months after the end of the fiscal year a report which shall set forth a complete and detailed operating and financial statement of the authority during such year. Also included in the report shall be any recommendations with reference to additional legislation or other action that may be necessary to carry out the purposes of the authority.".

Page 13, strike lines 1 and 2.

Page 14, strike lines 5 through 18.

Renumber succeeding sections accordingly.

Page 15, strike lines 15 through 24.

Renumber succeeding section accordingly.


State, After consideration on the merits, the committee recommends that the following be

Veterans, referred favorably to the Committee of the Whole: HB99-1082

and Military

Affairs


Trans- After consideration on the merits, the committee recommends that HB99-1127 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 2, line 4, strike "CREDIT" and substitute "CREDIT, CHARGE,";

line 11, strike "CREDIT" and substitute "CREDIT, CHARGE,";

line 23, after "ARTICLE.", add "A STATE GOVERNMENTAL ENTITY THAT ACCEPTS ONE OR MORE ALTERNATIVE FORMS OF PAYMENT FOR THE PAYMENT OF MONEYS PAYABLE TO THE STATE THAT MUST BE REMITTED TO ONE OR MORE STATE OR LOCAL GOVERNMENTAL ENTITIES SHALL REMIT TO SUCH STATE OR LOCAL GOVERNMENTAL ENTITIES THE GROSS AMOUNT OF THE PAYMENTS MADE BY SUCH ALTERNATIVE FORMS OF PAYMENT NOTWITHSTANDING THE DEDUCTION OF ANY MONEYS FROM SUCH GROSS AMOUNT BY ANY PROVIDER OF ALTERNATIVE FORMS OF PAYMENT PURSUANT TO A MASTER AGREEMENT OR OTHER AGREEMENT AUTHORIZED BY THIS ARTICLE. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT ANY STATE GOVERNMENTAL ENTITY FROM RETAINING ANY FEE FOR THE COLLECTION OF SUCH MONEYS THAT IS SPECIFICALLY AUTHORIZED BY LAW.".

Page 6, line 3, strike "CREDIT" and substitute "CREDIT, CHARGE,";

line 18, strike "CREDIT" and substitute "CREDIT, CHARGE,";

line 26, after "ARTICLE.", add "A LOCAL GOVERNMENTAL ENTITY THAT ACCEPTS ONE OR MORE ALTERNATIVE FORMS OF PAYMENT FOR THE PAYMENT OF MONEYS PAYABLE TO THE LOCAL GOVERNMENTAL ENTITY THAT MUST BE REMITTED TO ONE OR MORE STATE OR LOCAL GOVERNMENTAL ENTITIES SHALL REMIT TO SUCH STATE OR LOCAL GOVERNMENTAL ENTITIES THE GROSS AMOUNT OF THE PAYMENTS MADE BY SUCH ALTERNATIVE FORMS OF PAYMENT NOTWITHSTANDING THE DEDUCTION OF ANY MONEYS FROM SUCH GROSS AMOUNT BY ANY PROVIDER OF ALTERNATIVE FORMS OF PAYMENT PURSUANT TO A MASTER AGREEMENT OR OTHER AGREEMENT AUTHORIZED BY THIS ARTICLE. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT ANY STATE GOVERNMENTAL ENTITY FROM RETAINING ANY FEE FOR THE COLLECTION OF SUCH MONEYS THAT IS SPECIFICALLY AUTHORIZED BY LAW.".


Agriculture, After consideration on the merits, the committee recommends that the following be

Natural referred favorably to the Committee of the Whole: HB99-1318

Resources

and Energy

Agriculture, After consideration on the merits, the committee recommends that HB99-1056 be

Natural amended as follows and, as so amended, be referred to the Committee on Appropriations

Resources with favorable recommendation:

and Energy

Amend reengrossed bill, page 7, line 5, after the period, add "NOTWITHSTANDING ANY LAW TO THE CONTRARY, EMERGENCY RESPONSE AUTHORITIES SHALL RECEIVE REIMBURSEMENT ASSISTANCE FROM SECTION 35­57.8­109, C.R.S.".

MESSAGE FROM THE HOUSE:

March 11, 1999

Mr. President:

The House has passed on Third Reading and returns herewith SB99-018 and 027.

The House has passed on Third Reading and transmitted to the Revisor of Statutes;

SB99-017, amended as printed in House Journal, March 10, page 747.

The House has adopted and transmits herewith HJR99-1013, as printed in House Journal, March 4, page 677.

The House has laid over SJR-014 until May 6, deeming it lost. The resolution is returned herewith.


MESSAGE FROM THE REVISOR

We herewith transmit:

without comment, as amended, SB99-017.


INTRODUCTION OF BILL--FIRST READING

The following bill was read by title and referred to the committee indicated:

SB 99-211 by Senator Sullivant--Concerning comprehensive planning by local governments to manage urban growth, and making an appropriation in connection therewith.

Local Government

State, Veterans, & Military Affairs

Appropriations




MESSAGE FROM THE GOVERNOR

March 10, 1999

To the Honorable

Colorado Senate

Sixty-second General Assembly

First Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

S.B. 99 - 175 - Concerning a Supplemental Appropriation to the Department of Agriculture.

Approved March 10, 1999 at 3:40 p.m.

S.B. 99 - 176 - Concerning a Supplemental Appropriation to the Department of Corrections.

Approved March 10, 1999 at 3:41 p.m.

S.B. 99 - 177 - Concerning a Supplemental Appropriation to the Department of Education.

Approved March 10, 1999 at 3:41 p.m.

S.B. 99 - 178 - Concerning a Supplemental Appropriation to the Offices of the Governor, Lt. Governor, and State Planning and Budgeting.

Approved March 10, 1999 at 3:42 p.m.

S.B. 99 - 179 - Concerning a Supplemental Appropriation to the Department of Health Care Policy and Finance.

Approved March 10, 1999 at 3:42 p.m.

S.B. 99 - 180 - Concerning a Supplemental Appropriation to the Department of Human

Services.

Approved March 10, 1999 at 3:43 p.m.

S.B. 99 - 181 - Concerning a Supplemental Appropriation to the Judicial Department.

Approved March 10, 1999 at 3:44 p.m.

S.B. 99 - 182 - Concerning a Supplemental Appropriation to the Department of Labor and Employment.

Approved March 10, 1999 at 3:44 p.m.

S.B. 99 - 183 - Concerning a Supplemental Appropriation to the Department of Law.

Approved March 10, 1999 at 3:45 p.m.

S.B. 99 - 184 - Concerning a Supplemental Appropriation to the Legislative Department.

Approved March 10, 1999 at 3:45 p.m.

S.B. 99 - 185 - Concerning a Supplemental Appropriation to the Department of Local Affairs.

Approved March 10, 1999 at 3:46 p.m.

S.B. 99 - 186 - Concerning a Supplemental Appropriation to the Department of Military Affairs.

Approved March 10, 1999 at 3:46 p.m.

S.B. 99 - 187 - Concerning a Supplemental Appropriation to the Department of Natural Resources.

Approved March 10, 1999 at 3:47 p.m.

S.B. 99 - 188 - Concerning a Supplemental Appropriation to the Department of Personnel.

Approved March 10, 1999 at 3:48 p.m.

S.B. 99 - 189 - Concerning a Supplemental Appropriation to the Department of Public Health and Environment.

Approved March 10, 1999 at 3:48 p.m.

S.B. 99 - 190 - Concerning a Supplemental Appropriation to the Department of Public Safety.

Approved March 10, 1999 at 3:51 p.m.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/11/99, 9:30 a.m.

P. Dicks

Secretary of the Senate



On motion of Senator Phillips, the Senate adjourned until 9:00 a.m., Friday,

March 12, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate