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
66th Legislative Day Friday, March 12,
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, 33.
Absent/Excused--Dennis, Feeley--Total, 2.
Quorum The President announced a quorum present.
Reading of On motion of Senator Sullivant, reading of the Journal of March 11th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 99-211.
Services
To the governor for signature on Thursday, March 11, 1999, at 3:45 pm:
SB 99-191, 192, 193, 194, 195, 196, 197.
SIGNING OF BILLS
The President has signed: HB99-1036 and 1307.
INTRODUCTION AND IMMEDIATE CONSIDERATION OF RESOLUTION
The following resolution was read by title and
taken upon immediate consideration:
HJR99-1013 by Representatives Alexander, Hefley, Witwer, Chavez, Clarke, Fairbank, Johnson, Keller, Lawrence, Leyba, Mitchell, Morrison, Tochtrop, Allen, Gordon, Larson; also Senator Reeves--Concerning Colorado nonprofit day.
(Printed in House Journal, March 4, page 677.)
Senator Blickensderfer moved to suspend Senate Rule 30(e).
_________________________
A two-thirds majority of those elected to the Senate
having voted in the affirmative, Senate Rule 30(e) was suspended
and Immediate Consideration granted.
On motion of Senator Reeves, the Resolution was ADOPTED with the following roll call
vote:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | E | 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 | E | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
Co-sponsors added: Anderson, Andrews, Arnold ,
Blickensderfer, Chlouber, Congrove, Dyer, Epps, Evans, Hernandez,
Hillman, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave,
Nichol, Owen, Pascoe, Perlmutter, Phillips, Powers, Rupert, Sullivant,
Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.
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 99-110 by Sen. Feeley; Rep. McElhany--Telecommunications
Laid over until Monday, March 15, retaining its place
on the calendar.
Committee On motion of Senator Teck, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Teck 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 99-1274 by Rep. King; Senator Andrews--Charter
School Provisions
Amendment No. 1, Education Committee Amendment
(Printed in Senate Journal, March 4, page 414.)
Amendment No. 2, by Senator Andrews
Amend reengrossed bill, page 1, strike lines 2 and
3 and substitute the following:
"SECTION 1. 2230.5106
(1), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
2230.5106. Charter application
contents. (1) The charter
school application shall be a proposed agreement and shall include:
(m) AN ARBITRATION PROCESS THAT THE CHARTER
SCHOOL AND THE SCHOOL DISTRICT SHALL USE TO ARBITRATE ANY DISPUTES
THAT MAY ARISE CONCERNING IMPLEMENTATION OF THE CHARTER SCHOOL
CONTRACT. THE CHARTER SCHOOL AND THE SCHOOL DISTRICT SHALL EACH
BE RESPONSIBLE FOR PAYING ONEHALF OF THE COSTS INCURRED
IN ARBITRATING ANY DISPUTE. THE DECISION OF AN ARBITRATOR MAY
BE APPEALED TO THE STATE BOARD PURSUANT TO SECTION 2230.5108.
SECTION 2. 2230.5108
(1), Colorado Revised Statutes, is amended, and the said 2230.5108
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
2230.5108. Appeal
standard of review procedures.
(1) (a) Acting pursuant to its supervisory power
as provided in section 1 of article IX of the state constitution,
the state board, upon receipt of a notice of appeal or upon its
own motion, may review decisions of any local board of education
concerning charter schools in accordance with the provisions of
this section.
(b) ACTING PURSUANT TO ITS SUPERVISORY
POWER AS PROVIDED IN SECTION 1 OF ARTICLE IX OF THE STATE CONSTITUTION,
THE STATE BOARD, UPON RECEIPT OF A NOTICE OF ARBITRATION APPEAL,
MAY REVIEW DECISIONS OF AN ARBITRATOR RESULTING FROM ARBITRATION
OF DISPUTES BETWEEN A CHARTER SCHOOL AND A SCHOOL DISTRICT ARISING
FROM IMPLEMENTATION OF THE CHARTER SCHOOL CONTRACT. ANY SUCH
APPEAL SHALL BE SUBJECT TO THE PROCEDURES SPECIFIED IN SUBSECTION
(4.5) OF THIS SECTION.
(4.5) (a) WITHIN THIRTY DAYS AFTER
RECEIVING THE DECISION OF AN ARBITRATOR CONCERNING ARBITRATION
OF A DISPUTE ARISING FROM IMPLEMENTATION OF THE CHARTER SCHOOL
CONTRACT, EITHER THE CHARTER SCHOOL OR THE SCHOOL DISTRICT MAY
FILE A NOTICE OF ARBITRATION APPEAL. THE PARTY REQUESTING THE
APPEAL SHALL SIMULTANEOUSLY FILE A NOTICE OF REQUEST FOR ARBITRATION
APPEAL WITH THE OTHER PARTY.
(b) WITHIN SIXTY DAYS AFTER RECEIVING
THE REQUEST FOR ARBITRATION APPEAL, AND AFTER REASONABLE PUBLIC
NOTICE, THE STATE BOARD AT A PUBLIC HEARING SHALL REVIEW THE ARBITRATOR'S
DECISION. THE STATE BOARD SHALL AFFIRM THE ARBITRATOR'S DECISION
OR MAKE WRITTEN FINDINGS OTHERWISE RESOLVING THE DISPUTE BETWEEN
THE PARTIES AND, IF NECESSARY, PROVIDE WRITTEN INSTRUCTIONS TO
BOTH PARTIES FOR THE INTERPRETATION AND IMPLEMENTATION OF THE
CHARTER SCHOOL CONTRACT. THE DECISION OF THE STATE BOARD SHALL
BE FINAL AND NOT SUBJECT TO APPEAL.
(c) THE CHARTER SCHOOL AND THE LOCAL BOARD
OF EDUCATION SHALL EACH BE RESPONSIBLE TO PAY ONEHALF OF
THE REASONABLE COST INCURRED BY THE STATE BOARD IN REVIEWING THE
ARBITRATOR'S DECISION. THE STATE BOARD SHALL ESTABLISH THE AMOUNT
OF SUCH REASONABLE COSTS BY RULE.".
Page 2, strike lines 1 through 11.
Renumber succeeding sections accordingly.
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see page 480, where the Andrews/Perlmutter amendment
made to the Committee of the Whole was adopted, and HB99-1274, as amended, was
ordered laid over until Monday, March 15, retaining
its place on the calendar)
HB 99-1049 by Rep. Paschall; Senator Arnold--Applicability
Date Of Selection Of IME
Laid over until Monday, March 15, 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 15, retaining its place
on the calendar.
HB 99-1105 by Rep. Berry; Senator Arnold--Work Comp
TTD Criteria
Laid over until Monday, March 15, retaining its place
on the calendar.
HB 99-1229 by Rep. Johnson; Sen. Wattenberg--Reintroduction
Of Endangered Species
Laid over until Monday, March 15, retaining its place
on the calendar.
HB 99-1172 by Rep. Tool; Sen. Wham--Evidentiary Issues
In Criminal Cases
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, February 26, page 375.)
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 Monday, March 15, retaining its place
on the calendar.
HB 99-1033 by Rep. Sullivant; Sen. Hillman--Protecting
Vehicles From Rocks
Laid over until Monday, March 15, retaining its place
on the calendar.
HB 99-1295 by Rep. T. Williams; Senator Blickensderfer--Civil
Liability Re Y2K
Laid over until Monday, March 15, retaining its place
on the calendar.
SB 99-033 by Sen. Linkhart; Rep. Pfiffner--Enterprise
Zone Objectives
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, March 4, page 417.)
Amendment No. 2, by Senator Linkhart
Amend printed bill, page 10, line 1, strike "is
authorized to reject" and substitute "is
authorized to reject SHALL APPROVE";
line 2, strike "not" and substitute "not";
strike line 3 and substitute the following:
"is not
essential to the mission of the enterprise zone upon a two
thirds MAJORITY";
line 4, strike "TWOTHIRDS OF";
line 5, strike "REJECTION" and substitute
"APPROVAL";
line 7, strike "rejected" and substitute
"rejected
THAT IS NOT APPROVED";
line 8, strike "rejected" and substitute
"rejected
NOT APPROVED";
line 10, strike "of rejection is" and substitute
"of rejection is
INDICATING THAT THE PROGRAM, PROJECT, OR ORGANIZATION WAS NOT
APPROVED WAS".
As amended, laid over until Monday, March 15, retaining
its place on the calendar.
HB 99-1242 by Rep. Chavez; Senator Chlouber--Inspecting
Public Records
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 99-1071 by Rep. Witwer; Sen. Grampsas and Blickensderfer--Immunity
For Volunteer Doctors
Laid over until Monday, March 15, retaining its place
on the calendar.
HB 99-1145 by Rep. Taylor; Senator Anderson--Local
Plumbing Inspection & Permitting
Laid over until Monday, March 15, retaining its place
on the calendar.
HB 99-1040 by Rep. Gotlieb; Senator Wham--School
District Retirement Plans
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 99-1267 by Rep. Smith; Senator Teck--Uranium Mill
Tailings Remedial Action
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 99-1108 by Rep. Miller; Sen. Wattenberg--Permanent
Extension Exemption Re Coal
Laid over until Monday, March 15, retaining its place
on the calendar.
HB 99-1078 by Rep. Leyba; Senator Powers--Length
Of Personal Services Contracts
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 99-1076 by Rep. Pfiffner; Senator Powers--Select
State Personnel System Employees
Ordered revised and placed on the calendar for Third Reading and Final Passage.
HB 99-1097 by Rep. Dean; Senator Blickensderfer--Special
Election For General Assembly
Laid over until Monday, March 15, retaining its place
on the calendar.
HB 99-1117 by Rep. McKay; Sen. Hillman--Pest Control
Act
Laid over until Monday, March 15, retaining its place
on the calendar.
HB 99-1228 by Rep. Johnson; Senator Reeves--Limits
On Access To Animals' Vet Records
Laid over until Monday, March 15, retaining its place
on the calendar.
HB 99-1227 by Rep. Tapia; Senator Dennis--Definition
Of Res Child Care Facilities
Laid over until Monday, March 15, retaining its place
on the calendar.
HB 99-1216 by Rep. Decker; Senator Perlmutter--Prohibiting
The Sale Of Export Tobacco
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 99-1231 by Rep. Swenson; Sen. Perlmutter--Nofault
Med Benefit Limitation Period
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
SB 99-205 by Sen. Teck; Rep. Clapp--Local Government's
Authority To Sue
Laid over until Monday, March 15, retaining its place
on the calendar.
HB 99-1265 by Rep. Sinclair; Senator Dyer--County
Restrict Graffiti By Juveniles
Amendment No. 1, Local Government Committee Amendment
(Printed in Senate Journal, March 10, page 461.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 99-1305 by Rep. McPherson; Senator Dennis--Standardization
Of Firearms Regs
Laid over until Monday, March 15, retaining its place
on the calendar.
HB 99-1188 by Rep. Coleman; Senator Linkhart--Adoption
Procedures
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, March 8, pages 437-439.)
Amendment No. 2, by Senator Linkhart
Amend reengrossed bill, page 11, line 15, strike
"FINDS, FOR GOOD CAUSE SHOWN," and substitute "FINDS";
line 23, after "WHICH", insert "THE
COURT FINDS THAT";
line 24, strike "EXISTS AND THE COURT"
and substitute "EXISTS,";
line 25, strike "FINDS GOOD CAUSE SHOWN,".
Amendment No. 3, by Senator Linkhart
Amend the committee amendment, as printed in Senate
Journal, March 8, page 438, strike line 3 and substitute the following:
"GRANDPARENT," and strike "sibling,"
and substitute "sibling";";
line 13 of the committee amendment, strike "ADOPTIVE"
and substitute "ADOPTION";
strike line 28 of the committee amendment and substitute
the following:
"GRANDPARENT," and strike "ADOPTIVE
PARENT," and substitute "ADOPTEE'S ADOPTIVE PARENT";
line 43, strike "A" and substitute "THE";
line 52 of the committee amendment, after the second
"ADOPTEE'S", insert "ADOPTIVE".
Page 439 of the committee amendment, line 2, after
the second "ADOPTEE'S", insert "ADOPTIVE";
line 49, before "ADOPTION", insert "RECORD
OF THE";
line 60, strike the first "ADULT".
Amendment No. 4, by Senator Linkhart
Amend the committee amendment, as printed in Senate
Journal, March 8, page 439, line 35, strike "AGE; EXCEPT
THAT, CONTACT" and substitute "AGE.";
strike lines 36 and 37 of the committee amendment
and substitute the following:
"(5) Adult adoptee's restriction
on access to records. NOTWITHSTANDING THE PROVISIONS OF SUBSECTION
(2) OF THIS SECTION, AN ADULT ADOPTEE MAY, AT ANY TIME, PROVIDE
THE COURT THAT FINALIZED THE ADOPTION WITH A SIGNED AND NOTARIZED
WRITTEN STATEMENT SPECIFYING THAT SUCH ADULT ADOPTEE WISHES TO
MAINTAIN THE IDENTIFYING INFORMATION CONCERNING THAT ADOPTEE CONFIDENTIAL.
THE WRITTEN STATEMENT SHALL REMAIN IN THE COURT'S ADOPTION FILE
UNLESS LATER WITHDRAWN BY THE ADOPTEE. NOTHING IN THIS SUBSECTION
(5) SHALL BE CONSTRUED TO AFFECT ACCESS TO RECORDS THROUGH THE
CONFIDENTIAL INTERMEDIARY PROCESS.";".
As amended, ordered revised and placed on the
calendar for Third Reading and Final Passage.
AMENDMENT TO THE REPORT OF THE COMMITTEE OF
THE WHOLE
HB 99-1274 by Rep. King; Senator Andrews--Charter
School Provisions
Senators Andrews and Perlmutter moved to amend the Report of the Committee of the
Whole to show that HB99-1274, as amended, was laid over until Monday, March 15,
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 Teck, 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:
HB99-1242, 99-1040, 99-1267, 99-1078, 99-1076, 99-1216, 99-1231 declared passed on
Second Reading.
HB99-1172 as amended, 99-1265 as amended, 99-1188 as amended, declared passed on
Second Reading.
SB99-202, 99-205; HB99-1049, 99-1157, 99-1105, 99-1229, 99-1033, 99-1295, 99-1071, 99-1145, 99-1108, 99-1097, 99-1117, 99-1228, 99-1227, 99-1305 laid over until Monday,
March 15, retaining their place on the calendar.
SB99-033 as amended; HB99-1274 as amended, laid over until Monday, March 15,
retaining their 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
House amendments to Senate bills.
______________________________
CONSIDERATION OF HOUSE AMENDMENTS TO SENATE
BILLS
SB 99-015 by Sen. Phillips; Rep. Witwer--Expand County
Lease Purchase Authority
Senator Phillips moved that the Senate concur in House amendments to SB99-015, as
printed in House Journal, March 1, page 657. The motion was adopted by the following
roll call vote:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | E | 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 | E | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
|
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | E | 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 | E | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill, as
amended, was declared REPASSED.
SB 99-057 by Sen. Dennis; Rep. Mitchell--Telecom
Prices & Audits
Laid over until Monday, March 15, retaining its place
on the calendar.
SB 99-041 by Sen. Dyer; Rep. Swenson--Bicycle Traffic
Regulations
Senator Dyer moved that the Senate concur in House amendments to SB99-041, as
printed in House Journal, March 5, page 698. The motion was adopted by the following
roll call vote:
YES 27 | NO 6 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | N | Feeley | E | 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 | N |
Congrove | N | Lamborn | N | Phillips | Y | Weddig | Y |
Dennis | E | Linkhart | Y | Reeves | Y | Wham | N |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | N | Matsunaka | Y | Sullivant | Y |
As amended, laid over until Monday, March 15, retaining
its place on the calendar.
SB 99-111 by Sen. Hillman; Rep. Kester--Req County
Approval To Release Rodents
Senator Hillman moved that the Senate concur in House amendments to SB99-111, as
printed in House Journal, March 5, page 684. The motion was adopted by the following
roll call vote:
YES 22 | NO 11 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | E | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | N | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | N | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | N | Weddig | N |
Dennis | E | Linkhart | N | Reeves | N | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | N | Sullivant | Y |
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
|
YES 22 | NO 11 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | E | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | N | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | N | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | N | Weddig | N |
Dennis | E | Linkhart | N | Reeves | N | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | N | Sullivant | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill, as
amended, was declared REPASSED.
Co-sponsor added: Arnold.
SB 99-113 by Sen. Wattenberg; Rep. Lawrence--Civil
Rights Commission Responsibilities
Senator Wattenberg moved that the Senate concur in House amendments to SB99-113, as
printed in House Journal, March 5, pages 697-698. The motion was adopted by the following roll call vote:
|
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | E | 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 | E | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
|
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | E | 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 | E | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill, as
amended, was declared REPASSED.
Co-sponsors added: Perlmutter, Tanner.
SB 99-017 by Sen. Wham; Rep. Kaufman--Continuing
Judicial Performance Comms
Senator Wham moved that the Senate concur in House amendments to SB99-017, as
printed in House Journal, March 10, page 747. The motion was adopted by the following
roll call vote:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | E | 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 | E | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
|
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | E | 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 | E | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill, as
amended, was declared REPASSED.
MEMORANDUM
REPORT FROM THE HOUSE AND SENATE
COMMITTEES ON DELAYED BILLS
___________
Pursuant to Joint Rule 23 (c), the House and Senate Committees on Delayed Bills, acting
jointly, extend the following deadline for House Bill 99-1209, Concerning the Financing
of Public Schools and Making an Appropriation in
Connection Therewith:
The Friday, March 12 deadline (the 66th legislative day) for final passage, including any
conference committee report, for any bill prescribing all or a substantial portion of the
total funding for public schools pursuant to the "Public School Finance Act of 1994",
article 54 of title 22, Colorado Revised Statutes, is extended until Tuesday, March 16,
1999 (the 70th legislative day).
This memorandum shall be printed in the journal of each house as is required by said
Joint Rule 23 (c).
(Signed) (Signed)
Representative George Senator Powers
Speaker of the House of Representatives President
of the Senate
(Signed) (Signed)
Representative Dean Senator Blickensderfer
House Majority Leader
Senate Majority Leader
(Signed) (Signed)Bill Thiebaut for
Representative Gordon Senator Feeley
House Minority Leader
Senate Minority Leader
SENATE SERVICES REPORT
Senate Correctly enrolled: SB 99-131.
Services
SIGNING OF BILLS
The President has signed: SB99-131.
Senate SENATE SERVICES REPORT
Services
To the governor for signature on Friday, March 12, 1999, at 10:25 am:
SB 99-131.
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: HB99-1225
and Military
Affairs
Trans- After consideration on the merits, the committee recommends that the following be
portation referred favorably to the Committee on
Appropriations: HB99-1092
Trans- After consideration on the merits, the committee recommends that the following be
portation referred favorably to the Committee on
Appropriations: HB99-1030
Judiciary After consideration on the merits, the
committee recommends that the following be postponed indefinitely:
HB99-1277
Local After consideration on the merits, the committee recommends that the following be
Government referred favorably to the Committee on
Appropriations: HB99-1247
Judiciary After consideration on the merits, the
committee recommends that HB99-1175 be amended
as follows and, as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend reengrossed bill, page 6, line 6, strike "AS
TENANTS IN COMMON" and substitute "IN JOINT TENANCY
WITH RIGHT OF SURVIVORSHIP";
line 15, after the semicolon, add "OR";
line 17, strike "PROPERTY; OR" and substitute
"PROPERTY.";
strike lines 18 and 19.
Health, After consideration on the merits, the committee recommends that HB99-1214 be
Environment, amended as follows and, as so amended, be referred to the Committee of the Whole with
Welfare and favorable recommendation:
Institutions
Amend reengrossed bill, page 5, line 14, strike "PATIENT,
THE" and substitute "PATIENT OR THE";
strike lines 15 and 16 and substitute the following:
"REPRESENTATIVE FROM OBTAINING THE PATIENT'S
MEDICAL RECORDS AS PROVIDED IN SECTION 251801, C.R.S.
NOTHING IN THIS".
Health, After consideration on the merits, the committee recommends that HB99-1090 be
Environment, amended as follows and, as so amended, be referred to the Committee of the Whole with
Welfare and favorable recommendation:
Institutions
Amend reengrossed bill, page 4, strike lines 2 through
8 and substitute the following:
"(a) THE USE OF ANY FORM OF RESTRAINT
IN A LICENSED OR CERTIFIED HOSPITAL WHEN SUCH USE:
(I) IS IN THE CONTEXT OF PROVIDING MEDICAL
OR DENTAL SERVICES THAT ARE PROVIDED WITH THE CONSENT OF THE INDIVIDUAL
OR THE INDIVIDUAL'S GUARDIAN; AND
(II) IS IN COMPLIANCE WITH INDUSTRY STANDARDS
ADOPTED BY A NATIONALLY RECOGNIZED ACCREDITING BODY OR THE CONDITIONS
OF PARTICIPATION ADOPTED FOR FEDERAL MEDICARE AND MEDICAID PROGRAMS;".
Page 5, after line 10, insert the following:
"(3) IN ADDITION TO THE CIRCUMSTANCES
DESCRIBED IN SUBSECTION (1) OF THIS SECTION, A FACILITY, AS DEFINED
IN SECTION 2710102 (4.5), C.R.S., THAT IS DESIGNATED
BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES
TO PROVIDE TREATMENT PURSUANT TO SECTION 2710105,
2710106, 2710107, OR 2710109,
C.R.S., TO ANY MENTALLY ILL PERSON, AS DEFINED IN SECTION 2710102
(7), C.R.S., MAY USE SECLUSION TO RESTRAIN A MENTALLY ILL PERSON
WHEN SUCH SECLUSION IS NECESSARY TO ELIMINATE A CONTINUOUS AND
SERIOUS DISRUPTION OF THE TREATMENT ENVIRONMENT.".
Renumber succeeding subsections accordingly.
Page 6, strike lines 5 through 10 and substitute
the following:
"(b) IF ANY PROVISION OF THIS ARTICLE
CONCERNING THE USE OF RESTRAINT CONFLICTS WITH ANY PROVISION CONCERNING
THE USE OF RESTRAINT STATED IN ARTICLE 10.5 OF TITLE 27, C.R.S.,
OR ANY REGULATION ADOPTED PURSUANT THERETO, THE PROVISION OF ARTICLE
10.5 OF TITLE 27, C.R.S., OR THE REGULATION ADOPTED PURSUANT THERETO
SHALL PREVAIL.".
Page 7, line 11, strike "ASSESSMENT" and
substitute "EVALUATION";
strike lines 24 through 26 and substitute the following:
"(h) STAFF TRAINED IN THE ADMINISTRATION
OF MEDICATION SHALL MAKE NOTATIONS IN THE RECORD OF THE INDIVIDUAL
AS TO THE EFFECT OF THE CHEMICAL RESTRAINT AND THE INDIVIDUAL'S
RESPONSE TO THE CHEMICAL RESTRAINT.".
Page 8, strike line1;
strike lines 2 through 9 and substitute the following:
"(2) FOR INDIVIDUALS IN MECHANICAL
RESTRAINTS, AGENCY STAFF SHALL PROVIDE RELIEF PERIODS, EXCEPT
WHEN THE INDIVIDUAL IS SLEEPING, OF AT LEAST TEN MINUTES AS OFTEN
AS EVERY TWO HOURS, SO LONG AS RELIEF FROM THE MECHANICAL RESTRAINT
IS DETERMINED TO BE SAFE. DURING SUCH RELIEF PERIODS, THE STAFF
SHALL ENSURE PROPER POSITIONING OF THE INDIVIDUAL AND PROVIDE
MOVEMENT OF LIMBS, AS NECESSARY. IN ADDITION, DURING SUCH RELIEF
PERIODS, STAFF SHALL PROVIDE ASSISTANCE FOR USE OF APPROPRIATE
TOILETTING METHODS, AS NECESSARY. THE INDIVIDUAL'S DIGNITY AND
SAFETY SHALL BE MAINTAINED DURING RELIEF PERIODS. STAFF SHALL
NOTE IN THE RECORD OF THE INDIVIDUAL BEING RESTRAINED THE RELIEF
PERIODS GRANTED.";
line 15, after "training.", insert
"(1)";
after line 17, insert the following:
"(2) ALL AGENCIES SHALL ENSURE THAT
STAFF ARE TRAINED TO EXPLAIN, WHERE POSSIBLE, THE USE OF RESTRAINT
TO THE INDIVIDUAL WHO IS TO BE RESTRAINED, AND TO THE INDIVIDUAL'S
FAMILY IF APPROPRIATE.";
strike lines 18 through 26 and substitute the following:
"2620106. Documentation
requirements. EACH AGENCY SHALL ENSURE THAT AN APPROPRIATE
NOTATION OF THE USE OF RESTRAINT IS DOCUMENTED IN THE RECORD OF
THE INDIVIDUAL RESTRAINED. EACH AGENCY THAT IS AUTHORIZED TO
PROMULGATE RULES OR ADOPT ORDINANCES SHALL PROMULGATE RULES OR
ADOPT ORDINANCES APPLICABLE TO THE AGENCIES WITHIN THEIR RESPECTIVE
JURISDICTIONS SPECIFYING THE DOCUMENTATION REQUIREMENTS FOR PURPOSES
OF THIS SECTION.".
Page 9, strike lines 1 through 4;
line 10, after "ORDINANCES", insert "APPLICABLE
TO THE AGENCIES WITHIN THEIR RESPECTIVE JURISDICTIONS".
Health, After consideration on the merits, the committee recommends that HB99-1250 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
Amend reengrossed bill, page 3, line 18, strike "CLAIMANT"
and substitute "PERSON SUBMITTING THE CLAIM";
line 19, strike "CLAIMANT" and substitute
"PERSON SUBMITTING THE CLAIM";
line 21, after the period, add "NOTWITHSTANDING
ANY PROVISION OF AN INDEMNITY POLICY TO THE CONTRARY, THE CARRIER
MAY DENY A CLAIM IF A PROVIDER FAILS TO TIMELY SUBMIT ADDITIONAL
INFORMATION REQUESTED UNDER THIS PARAGRAPH (b).".
Page 4, strike line 3 and substitute the following:
"PROPER ASSIGNMENT, THE FOLLOWING:
(a) INTEREST AT THE RATE OF TEN PERCENT
ANNUALLY";
strike line 6 and substitute the following:
"SECTION; AND
(b) IF PAYMENT IS MADE ON OR AFTER THE
SIXTYFIRST DAY AFTER RECEIPT BY THE CARRIER OF THE CLAIM,
A PENALTY IN AN AMOUNT EQUAL TO THREE PERCENT OF THE TOTAL AMOUNT
ULTIMATELY ALLOWED ON THE CLAIM.".
SIGNING OF BILLS
The President has signed: HB99-1123 and 1173.
______________________________
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 Friday, March 12, was laid over until Monday, March 15, retaining its place on the calendar.
______________________________
On motion of Senator Blickensderfer, the Senate adjourned until 10:00 a.m., Monday,
March 15, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate