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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