SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
71st Legislative Day Wednesday, March
17, 1999
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Senator Mike Feeley.
Roll Call Present--Total, 33.
Absent/Excused--Lacy, Tanner--Total, 2.
Present later--Lacy, Tanner.
Quorum The President announced a quorum present.
Reading of On motion of Senator Teck, reading of the Journal of March 16th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly engrossed: SJR 99-16.
Services
Correctly enrolled: SB 99-2, 10, 31, 37, 66, 85,
135, 139; SJR 99-10, 15.
MESSAGES FROM THE GOVERNOR
Appoint- Letters of designation and appointment from Governor Owens was read and assigned to
ment Committee as follows:
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:
effective April 1, 1999, for a term expiring July
1, 1999:
The Honorable Richard A. Martinez of Pueblo, Colorado,
to serve as a former parole officer and to fill a vacancy occasioned
by the resignation of Saul E. Trujillo, appointed.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 3/10/99
G. Aberle, Asst. Secretary
Committee on Judiciary
_______________________________
June 2, 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, 2001:
Kathryn A. Paul of Aurora, Colorado, to serve as a representative of
business, appointed;
C. David Kikumoto of Greenwood Village, Colorado, to serve as a representative of the
health care industry, appointed;
for terms expiring June 30, 2002:
Thomas Williams of Golden, Colorado, to serve as a representative of
business, appointed;
Stephen Berman of Denver, Colorado, to serve as a representative of the
health care industry, appointed;
William N. Lindsay III of Englewood, Colorado, to serve as a representative
of the health care industry, appointed;
Marguerite Salazar of Alamosa, Colorado, to serve as a representative of essential
community providers, appointed;
Shawna Callahan Gross of Grand Junction, Colorado, to serve as a representative
of consumers, appointed.
Sincerely,
(Signed)
Roy Romer
Governor
Rec'd 6/15/98
P. Dicks, Assistant Secretary
_________________________________
December 16, 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 a term expiring June 30, 2002:
Wesley Martin of Denver, Colorado, to serve as a representative
of consumers and to fill a vacancy occasioned by the resignation of Shawna Callahan Gross, appointed.
Sincerely,
(Signed)
Roy Romer
Governor
Rec'd 12/29/98
P. Dicks, Secretary
________________________________
March 8, 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 8, 1999:
Kathryn A. Paul of Aurora, Colorado;
C. David Kikumoto of Greenwood Village, Colorado;
Stephen Berman of Denver, Colorado;
Wesley Martin of Denver, Colorado.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 3/10/99
G. Aberle, Asst. Secretary
___________________________________________
March 8, 1999
To the Honorable
Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Ladies and Gentlemen:
I intend to continue the appointments of the following
individuals as Members of the Children=s
Basic Health Plan Policy Board:
Thomas Williams of Golden, Colorado, to serve as
a representative of business;
William N. Lindsay III of Englewood, Colorado, to
serve as a representative of the health care industry;
Marguerite Salazar of Alamosa, Colorado, to serve
as a representative of essential community providers.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 3/10/99
G. Aberle, Asst. Secretary
Committee on Health, Environment, Welfare and Institutions
_____________________________________
March 8, 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 terms expiring June 30, 2001:
John L. Moss of Grand Junction, Colorado, to serve
as a representative of business, appointed;
Lynn S. Dierker of Denver, Colorado, to serve as
a representative of the health care industry, appointed;
for terms expiring June 30, 2002:
Doris J. Biester, Ph.D., of Denver, Colorado, to
serve as a representative of the health care industry, appointed;
Robert A. Owens of Alamosa, Colorado, to serve as
a representative of consumers, appointed.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 3/10/99
G. Aberle, Asst. Secretary
Committee on Health, Environment, Welfare and Institutions
_____________________________________
SIGNING OF BILLS
The President has signed: SB99-002, 010, 031, 037.
APPOINTMENTS TO CONFERENCE COMMITTEES
HB 99-1048 by Rep. Pfiffner; Sen. Hillman--Gov Delinquency
Charge Regulations
The President appointed Senators Hillman, Chairman, Andrews and Nichol as Senate
Conferees on the First Conference Committee on
HB99-1048.
HB 99-1134 by Rep. Hagedorn; Senator Wattenberg--Underground
Conv Of Public Utilities
The President appointed Senators Wattenberg, Chairman, Anderson and Dyer as Senate
Conferees on the First Conference Committee on
HB99-1134.
______________________________
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
appointments.
CONSIDERATION OF GOVERNOR'S APPOINTMENTS
On motion of Senator Arnold, the following Governor's
appointments were confirmed by a roll call vote:
COLORADO COMMISSION ON
HIGHER EDUCATION
effective February 1, 1999, for terms expiring July
1, 2002:
Marion Gottesfeld of Denver, Colorado, to serve as
a representative of the First Congressional District, and as a
Democrat, appointed;
Terrance L. Farina of Grand Junction, Colorado, to
serve as a representative West of the Continental Divide, and
of the Third Congressional District, and as a Democrat, appointed.
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 | E | 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 |
On motion of Senator Wattenberg, the following Governor's
appointment was confirmed by a roll call vote:
WILDLIFE COMMISSION
effective March 1, 1999, for a term expiring March
1, 2003:
The Honorable Marianna M. Raftopoulos of Craig,
Colorado, to serve as a County Commissioner from District 1,
and as a Republican, appointed;
YES 35 | NO 0 | EXCUSED 0 | 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 | Y |
On motion of Senator Wham, the following Governor's
appointments were confirmed by a roll call vote:
MEMBERS OF THE
STATE BOARD OF PAROLE
effective July 1, 1998 for a term expiring July 1, 2001:
Curtis W. Devin of Colorado Springs, Colorado, to
serve as a citizen member, reappointed.
effective March 1, 1999, for a term expiring July 1, 2001:
Kent A. "Bo" Cottrell to serve as a citizen
member, and as ViceChairperson, appointed;
effective April 1, 1999, for a term expiring July 1, 2001:
Rodney D. Gomez to serve as a representative of law
enforcement, appointed.
YES 35 | NO 0 | EXCUSED 0 | 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 | Y |
On motion of Senator Anderson, the following Governor's
appointments were confirmed by a roll call vote:
STATE ELECTRICAL BOARD
for terms expiring July 1, 2001:
Donald R. Clark of Littleton, Colorado, to serve
as a representative of an electrical utility.
Gregory D. Hall of Longmont, Colorado, to serve as
a representative of master electrical contractors, appointed.
YES 35 | NO 0 | EXCUSED 0 | 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 | Y |
On motion of Senator Anderson, the following Governor's
appointment was confirmed by a roll call vote:
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.
YES 35 | NO 0 | EXCUSED 0 | 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 | Y |
CONSIDERATION OF CONFERENCE COMMITTEE REPORTS
HB 99-1061 by Rep. T. Williams; Sen. Dennis--Unemployment Benefits
Senator Dennis moved for the adoption of the First Report of the First Conference
Committee on HB99-1061, printed in Senate Journal, March 15, page 489. The motion
was adopted by the following roll call vote:
|
YES 35 | NO 0 | EXCUSED 0 | 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 | Y |
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
|
YES 31 | NO 4 | EXCUSED 0 | 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 | N |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | N | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | N | Rupert | N | 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.
HB 99-1113 by Rep. Dean; Sen. Arnold--Charter School
Funding
Senator Arnold moved for the adoption of the First Report of the First Conference
Committee on HB99-1113, printed in Senate Journal,
March 15, pages 498-500.
Call of Call of Senate.
Senate
Call Raised.
The motion was adopted by the following roll call vote:
YES 18 | NO 17 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | N | Nichol | N | 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 | N |
Congrove | Y | Lamborn | Y | Phillips | N | Weddig | N |
Dennis | Y | Linkhart | N | Reeves | N | Wham | N |
Dyer | N | Martinez | N | 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 18 | NO 17 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | N | Nichol | N | 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 | N |
Congrove | Y | Lamborn | Y | Phillips | N | Weddig | N |
Dennis | Y | Linkhart | N | Reeves | N | Wham | N |
Dyer | N | Martinez | N | 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.
THIRD READING OF BILLS--FINAL PASSAGE
On Third Reading, the titles of the following bills
were publicly read, the reading at length having been dispensed
with by unanimous consent:
HB 99-1157 by Rep. Ament; Senator Owen--Work Comp
Exclusive Schedule For PPD
The question being "Shall the bill pass?" the roll was called with the following result:
YES 17 | NO 17 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | N | Nichol | N | Tebedo | Y |
Arnold | Y | Hernandez | N | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | N |
Chlouber | Y | Lacy | N | Perlmutter | N | Wattenberg | N |
Congrove | Y | Lamborn | Y | Phillips | N | Weddig | N |
Dennis | Y | Linkhart | N | Reeves | N | Wham | N |
Dyer | Y | Martinez | N | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | * | Sullivant | N |
Less than a majority of all members elected to
the Senate having voted in the affirmative, the bill was declared
LOST.
Abstaining (*) from voting under Senate Rule 17(c)--Senator
Matsunaka
HB 99-1105 by Rep. Berry; Senator Arnold--Work Comp
TTD Criteria
The question being "Shall the bill pass?" the roll was called with the following result:
YES 26 | NO 8 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | N | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | N | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | N |
Dennis | Y | Linkhart | N | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | N | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | * | Sullivant | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Musgrave, Tebedo.
Abstaining (*) from voting under Senate Rule 17(c)--Senator
Matsunaka
HB 99-1295 by Rep. T. Williams; Senator Blickensderfer--Civil
Liability Re Y2K
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 2 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | N | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | N |
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 |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Anderson, Andrews, Hernandez,
Wattenberg, Weddig.
______________________________
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 Wednesday, March 17, was laid over until Thursday, March 18, retaining its place on the calendar.
______________________________
Senate in recess.
Senate reconvened.
COMMITTEE OF REFERENCE REPORTS
Judiciary After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: HB99-1301
Judiciary After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: HB99-1283
Local After consideration on the merits, the committee recommends that HB99-1268 be
Government amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend reengrossed bill, page 9, after line 14, insert
the following:
"SECTION 9. 3213104.5
(1) (b) (I), Colorado Revised Statutes, is amended to read:
3213104.5. Additional district
area Douglas county. (1) In
addition to the areas described in section 3213104,
the area of Douglas county that is not included in the Denver
metropolitan scientific and cultural facilities district may be
included in the district if the following requirements are met:
(b) An election is held and conducted
in accordance with articles 1 to 13 of title 1, C.R.S., and the
following requirements:
(I) The election is held at the general
election in 1998, 2000, or 2002, OR AT THE ODDYEAR ELECTION
IN 1999 OR 2001, as determined by intergovernmental agreement
of the governing bodies of all municipalities that include portions
of the area proposed to be included in the district and the board
of county commissioners of Douglas county;
SECTION 10. 111103
(3), Colorado Revised Statutes, is amended to read:
111103. Certificates of
election for nonpartisan, ballot issue, or ballot question elections.
(3) The results of a special
district election shall be certified to the division of local
government within fortyfive
THIRTY days after the election as provided in section 321104
(1), C.R.S. If an election is cancelled, the notice and a copy
of the resolution of cancellation shall be filed with the division
of local government.".
Renumber succeeding section accordingly.
Local After consideration on the merits, the committee recommends that the following be
Government referred favorably to the Committee of
the Whole: HB99-1284
Local After consideration on the merits, the committee recommends that the following be
Government postponed indefinitely:
HB99-1192
MESSAGE FROM THE HOUSE:
March 17, 1999
Mr. President:
The House has postponed indefinitely SB99-091.
The bill is returned herewith.
The Speaker has appointed Representatives Larson,
chairman, Young and Hagedorn as House Conferees on the First Conference
Committee on HB99-1134.
The House has adopted the First Report of the First
Conference Committee on HB99- 1113, as printed in House Journal,
March 17, and has repassed the bill as amended.
INTRODUCTION OF BILL--FIRST READING
The following bill was read by title and referred
to the committee indicated:
SB 99-213 by Senator Sullivant; also Representative Dean--Concerning the regulation of charitable games of chance.
State, Veterans, & Military Affairs
INTRODUCTION OF RESOLUTION
SJR 99-018 by Senator Blickensderfer; also Representative
Tapia--Concerning Single Parents Day.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Thursday,
March 18.
MESSAGE FROM THE GOVERNOR
March 17, 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. 99-101 - Concerning the Addition of
the Power to Grant Conservation Easements to the Powers Available
to a Fiduciary Under the AColorado
Fiduciaries=
Act.@
Approved March 17, 1999 at 1:03 p.m.
Sincerely,
(Signed)
Bill Owens
Governor
Rec'd 3/17/99 3:15 p.m.
P. Dicks, Secretary
SIGNING OF BILL
The President has signed: HB99-1259.
On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Thursday,
March 18, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate