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

70^th Legislative Day Tuesday, March 16, 1999

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

Order

Prayer By the chaplain, Senator Tom Blickensderfer.

Roll Call Present--Total, 32.

Absent/Excused--Congrove, Lacy, Sullivant--Total, 3.

Present later--Congrove, Lacy, Sullivant.

Quorum The President announced a quorum present.

Reading of On motion of Senator Teck, reading of the Journal of March 15^th was

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-212; SCR 99-1; SJR 99-16, 17.

Services

Correctly revised: HB 99-1105, 1157, 1295.

INTRODUCTION OF BILL--FIRST READING

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

HB 99-1019 by Representatives Morrison, Alexander, Hagedorn, and Johnson; also Senators Wham and Rupert--Concerning the creation of the Colorado health care task force, and, in connection therewith, abolishing the joint review committee for the medically indigent and the medical assistance reform advisory committee, and making an appropriation in connection therewith.

Health, Environment, Welfare & Institutions

Appropriations

MESSAGE FROM THE GOVERNOR

Appoint- Letters of designation and appointment from Governor Owens were read and assigned to

ment Committees as follows:

July 6, 1998

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

for terms expiring June 30, 2002:

Peggy E. Montano of Denver, Colorado, to serve as an at­large member and as a Democrat, reappointed;

Edward C. Callaway of Mt. Crested Butte, Colorado, to serve

as a representative of the western region and as a Republican, appointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 7/23/98

P. Dicks, Assistant Secretary

_________________________________

March 9, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to withdraw the following:

effective March 9, 1999:

Peggy E. Montano of Denver, Colorado.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/10/99

G. Aberle, Asst. Secretary

___________________________________

March 9, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

I intend to continue the appointment of the following individual as a Member of the Board of Parks and Outdoor Recreation:

Edward C. Callaway of Mt. Crested Butte, Colorado, to serve as a representative

of the western region and as a Republican.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/10/99

G. Aberle, Asst. Secretary

Committee on Agriculture, Natural Resources and Energy

_____________________________________

March 9, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

for a term expiring June 30, 2002:

Doug Cole of Superior, Colorado, to serve as an at-large member and as a

Republican, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/10/99

G. Aberle, Asst. Secretary

Committee on Agriculture, Natural Resources and Energy

_____________________________________

March 11, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

for a term expiring November 1, 2001:

Michael G. Salardino of Pueblo, Colorado, to serve as a representative of the county of the fair, as a Republican, and to fill a vacancy occasioned by the resignation of Robert A. Jackson, appointed;

for a term expiring November 1, 2002:

James E. Christiansen of Westminster, Colorado, to serve as a representative of the Second Congressional District and as a Republican, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/12/99

P. Dicks, Secretary

Committee on Agriculture, Natural Resources and Energy

______________________________

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 SJR99-016.

______________________________

CONSIDERATION OF RESOLUTION

SJR 99-016 by Senator Blickensderfer; also Representative Stengel--Concerning the recognition of Liberty Day and Liberty Month in Colorado.

Amendment No. 1, by Senator Blickensderfer

Amend printed resolution, page 2, line 4, strike "Monday" and substitute "Tuesday".

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

On motion of Senator Blickensderfer, the Resolution, as amended, was ADOPTED by the

following roll call vote:

YES 34		NO 0		EXCUSED 1		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	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	E

Co-sponsors added: Anderson, Andrews, Arnold, Chlouber, Congrove, Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rupert, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS

SB 99-057 by Sen. Dennis; Rep. Mitchell--Telecom Prices & Audits

Senator Dennis moved that the Senate concur in House amendments to SB99-057, as printed in House Journal, March 1, page 657. The motion was adopted by the following roll call vote:

YES 34		NO 0		EXCUSED 1		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	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	E

The question being "Shall the bill, as amended, pass?" the roll was called with the following result:

YES 34		NO 0		EXCUSED 1		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	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	E

A majority of all members elected to the Senate having voted in the affirmative, the bill, as

amended, was declared REPASSED.

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 Tuesday, March 16, was laid over until Wednesday, March 17, retaining its place on the calendar.

______________________________

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

Education After consideration on the merits, the committee recommends that HB99-1037 be

amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 3, strike "A SCHOOL DISTRICT MAY" and substitute "(a) A SCHOOL DISTRICT SHALL";

strike lines 4 and 5 and substitute the following:

"IS EXPELLED FROM A SCHOOL DISTRICT PURSUANT TO PARAGRAPH (c) OR (d) OF SUBSECTION (1) OF THIS SECTION FROM ENROLLING OR";

after line 12, insert the following:

"(b)  IN ANY SCHOOL DISTRICT THAT HAS ONLY ONE SCHOOL IN WHICH THE EXPELLED STUDENT CAN ENROLL, THE SCHOOL DISTRICT SHALL DESIGN A SCHEDULE FOR THE EXPELLED STUDENT THAT, TO THE EXTENT POSSIBLE, AVOIDS CONTACT BETWEEN THE EXPELLED STUDENT AND THE VICTIM OR A MEMBER OF THE VICTIM'S IMMEDIATE FAMILY.

(c)  THE PROVISIONS OF THIS SUBSECTION (4) SHALL NOT APPLY TO ANY OFFENSE THAT DOES NOT HAVE AN IDENTIFIABLE VICTIM OR AN OFFENSE THAT CONSTITUTES A CRIME AGAINST PROPERTY.

(d)  THE PROVISIONS OF THIS SUBSECTION (4) SHALL APPLY ONLY IF THE EXPELLED STUDENT IS CONVICTED, IS ADJUDICATED A JUVENILE DELINQUENT, RECEIVES A DEFERRED JUDGMENT, OR IS PLACED IN A DIVERSION PROGRAM AS A RESULT OF COMMITTING THE OFFENSE FOR WHICH THE STUDENT WAS EXPELLED. PRIOR TO IMPLEMENTATION OF THE PROVISIONS OF THIS SUBSECTION (4), THE SCHOOL DISTRICT SHALL CONTACT THE APPROPRIATE COURT TO DETERMINE WHETHER THE PROVISIONS OF THIS SUBSECTION (4) APPLY TO AN EXPELLED STUDENT. THE SCHOOL DISTRICT SHALL BE AUTHORIZED BY THE PROVISIONS OF SECTION 19­1­303 (1) (b), C.R.S., TO OBTAIN SUCH INFORMATION.

(e)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY COUNTY OR DISTRICT COURT SHALL HAVE JURISDICTION TO ISSUE A TEMPORARY OR PERMANENT CIVIL RESTRAINING ORDER THAT ENJOINS THE EXPELLED STUDENT FROM ENROLLING OR RE­ENROLLING IN THE SAME SCHOOL IN WHICH THE VICTIM OF THE OFFENSE OR MEMBER OF A VICTIM'S IMMEDIATE FAMILY IS ENROLLED OR EMPLOYED.".

Education After consideration on the merits, the committee recommends that the following be postponed indefinitely: HB99-1044

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB99-1027

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB99-1304

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB99-1070

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

BOARD OF DIRECTORS OF DENVER METROPOLITAN

MAJOR LEAGUE STADIUM DISTRICT

for a term expiring August 1, 2001:

The Honorable Dan Schaefer, Lakewood, Colorado, appointed.

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

Affairs referred favorably to the committee of the Whole: HB99-1310

and Labor

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

Affairs referred favorably to the Committee on Appropriations: HB99-1141

and Labor

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB99-1290

Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: SB99-199

Education After consideration on the merits, the committee recommends that HB99-1004 be

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

with favorable recommendation:

Amend reengrossed bill, page 6, after line 14, insert the following:

"SECTION 3. 22-54-106, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

(11) FOR THE 2000-2001 BUDGET YEAR AND BUDGET YEARS THEREAFTER, THE STATE'S SHARE OF A DISTRICT'S TOTAL PROGRAM SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE AMOUNT TRANSFERRED TO THE DISTRICT PURSUANT TO 39-22-1903 (3) (a) AT THE END OF THE IMMEDIATELY PRECEDING BUDGET YEAR.".

Renumber succeeding sections accordingly.

MESSAGE FROM THE HOUSE:

March 16, 1999

Mr. President:

The House has adopted and returns herewith SJR99-016.

The House has voted to recede from its position, dissolve the First Conference Committee on HB99-1209, and concur in Senate amendments, and has repassed the bill. The House requests return of the bill.

MESSAGE FROM THE GOVERNOR

March 16, 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- 005 - Concerning Requirements for the Acquisition of Service Credit for the Statewide Defined Benefit Plan of the Fire and Police Pension Association.

Approved March 15, 1999 at 5:12 p.m.

S.B. 99 - 024 - Concerning the Taxing Authority of a School District That is Also a Special District to Support Public Recreational Facilities.

Approved March 15, 1999 at 5:13 p.m.

S.B. 99 - 32 - Concerning the Section of Disability Benefit Options by Members of the Statewide Death and Disability Plan Who are Members of the Fire and Police Pension Association.

Approved March 15, 1999 at 5:14 p.m.

S.B. 99 - 131 - Concerning the Youthful Offender System.

Approved March 15, 1999 at 5:15 p.m.

S.B. 99 - 191 - Concerning a Supplemental Appropriation to the Department of Regulatory Agencies.

Approved March 15, 1999 at 5:16 p.m.

S.B. 99- 192 - Concerning a Supplemental Appropriation to the Department of Revenue.

Approved March 15, 1999 at 5:17 p.m.

S.B. 99 - 193 - Concerning a Supplemental Appropriation to the Department of State.

Approved March 15, 1999 at 5:18 p.m.

S.B. 99 - 194 - Concerning a Supplemental Appropriation to the Department of Transportation.

Approved March 15, 1999 at 5:20 p.m.

S.B. 99 - 195 - Concerning a Supplemental Appropriation to the Department of the Treasury.

Approved March 15, 1999 at 5:21 p.m.

S.B. 99 - 196 - Concerning a Supplemental Appropriation to Capital Construction.

Approved March 15, 1999 at 5:23 p.m.

S.B. 99 - 197 - Concerning the Payment of Expenses of the Legislative Department, and Making an Appropriation in Connection Therewith.

Approved March 15, 1999 at 5:24 p.m.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/16/99 10:00 a.m.

P. Dicks, Secretary

SIGNING OF BILL

The President has signed: HB99-1275.

On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Wednesday,

March 17, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate