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SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
72nd Legislative Day Thursday, March 18,
1999
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Senator Jim Dyer.
Roll Call Present--Total, 31.
Absent/Excused--Lacy, Perlmutter, Tanner, Wattenberg--Total, 4.
Present later--Lacy, Perlmutter, Tanner.
Quorum The President announced a quorum present.
Reading of On motion of Senator Sullivant, reading of the Journal of March 17th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
NOTICE OF INTENT TO MOVE FOR RECONSIDERATION
HB 99-1157 by Rep. Ament; Senator Owen--Work Comp
Exclusive Schedule For PPD
Having voted on the prevailing side, Senator Sullivant
gave notice of intent to move for reconsideration of HB99-1157.
Senate in recess.
Senate reconvened.
SENATE SERVICES REPORT
Senate Correctly printed: SB 99-213; also SJR 18.
Services
Correctly enrolled: SB 99-15, 17, 18, 27, 111.
To the governor for signature on Wednesday, March 17, 1999, at 11:15 am:
SB 99-2, 10, 31, 37.
COMMITTEE OF REFERENCE REPORTS
Education After consideration on the merits, the
committee recommends that HB99-1171 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 8, strike "ELECTORS,"
and substitute "ELECTORS FROM THROUGHOUT THE SCHOOL DISTRICT,";
line 18, strike "ELECTORS," and substitute
"ELECTORS FROM THROUGHOUT THE SCHOOL DISTRICT,";
strike lines 21 through 23.
Education After consideration on the merits, the committee recommends that HB99-1288 be
amended as follows and, as so amended, be referred
to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 14, line 15, after "(12)",
insert "AS LONG AS PROHIBITED BY FEDERAL LAW,".
Education After consideration on the merits, the committee recommends that HB99-1039 be
amended as follows and, as so amended, be referred
to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 2, line 21, strike "CRIME"
and substitute "MISDEMEANOR CRIME".
Page 5, line 11, after "C.R.S.,", insert
"UPON A REQUEST FROM A SCHOOL DISTRICT OR A SCHOOL CONCERNING
A PERSON APPLYING FOR A POSITION AS A TEACHER,";
line 12, strike "ANOTHER" and substitute
"THE REQUESTING" and strike "TO A";
line 14, after "DISTRICT.", add "THE
INFORMATION DISCLOSED PURSUANT TO THIS PARAGRAPH (a) SHALL ONLY
BE DISCLOSED TO PERSONNEL AUTHORIZED TO REVIEW THE PERSONNEL FILE
IN THE SCHOOL DISTRICT OR SCHOOL AND TO THE PERSON APPLYING FOR
A POSITION AS A TEACHER.";
line 24, after "C.R.S.,", insert "UPON
A REQUEST FROM A SCHOOL DISTRICT OR A SCHOOL CONCERNING A PERSON
APPLYING FOR A POSITION AS A TEACHER,";
line 25, strike "ANOTHER" and substitute
"THE REQUESTING" and strike "TO A".
Page 6, line 1, after "DISTRICT.", add
"THE INFORMATION DISCLOSED PURSUANT TO THIS PARAGRAPH (a)
SHALL ONLY BE DISCLOSED TO PERSONNEL AUTHORIZED TO REVIEW THE
PERSONNEL FILE IN THE SCHOOL DISTRICT OR SCHOOL AND TO THE PERSON
APPLYING FOR A POSITION AS A TEACHER.".
MESSAGE FROM THE HOUSE:
March 18, 1999
Mr. President:
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1009, amended as printed in House Journal, March 17, page 812;
HB99-1015, amended as printed in House Journal, March 17, pages 812-813;
HB99-1016, amended as printed in House Journal, March 17, page 813;
HB99-1125, amended as printed in House Journal, March 17, page 813;
HB99-1246, amended as printed in House Journal, March 17, page 814;
HB99-1249, amended as printed in House Journal, March
17, page 814.
The House has postponed indefinitely SB99-167. The
bill is returned herewith.
SIGNING OF BILLS--RESOLUTIONS
The President has signed: SB99-66, 85, 135, 139;
also SJR 99-10, 15.
______________________________
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 18, was laid over until Friday, March 19, retaining its place on the calendar.
______________________________
Senate in recess.
Senate reconvened.
COMMITTEE OF REFERENCE REPORTS
Business After consideration on the merits, the committee recommends that SB99-210 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend printed bill, page 2, line 7, strike "PERSON"
and substitute "MOTOR VEHICLE CARRIER OR CONTRACT CARRIER
BY MOTOR VEHICLE AS DEFINED IN ARTICLES 10 AND 11 OF TITLE
40, C.R.S.,".
MESSAGE FROM THE REVISOR
March 18, 1999
We herewith transmit:
without comment, as amended, HB99-1009, 1015, 1016, 1125, and 1246; and,
with comment, as amended, HB99-1249.
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
HB 99-1009 by Representative Sullivant; also Senator Owen--Concerning the reinstatement of the sales and use tax exemption for coins and precious metal bullion.
Finance
Appropriations
HB 99-1015 by Representative Taylor; also Senator Wattenberg--Concerning the exemption of food sold through vending machines from the state sales and use tax.
Finance
Appropriations
HB 99-1016 by Representatives Johnson, Smith, and Spradley; also Senator Wattenberg--Concerning an exemption of substances provided to livestock from the state sales and use tax.
Finance
Appropriations
HB 99-1125 by Representative Swenson; also Senator Teck--Concerning an adjustment in the computation of the amount of foreign source income to be apportioned to Colorado for state corporate income tax purposes to allow a percentage used in such computation to reflect the effective federal corporate income tax rate for that corporation.
Finance
Appropriations
HB 99-1246 by Representatives Tate and Saliman; also Senator Owen--Concerning a state income tax credit for long-term care insurance.
Finance
Appropriations
HB 99-1249 by Representatives Spradley, George, May, Alexander, Johnson, Miller, Paschall, Pfiffner, Smith, Sullivant, Zimmerman, Clapp, Dean, Hoppe, Kester, King, Mitchell, and Witwer; also Senators Wattenberg, Chlouber, Dennis, Perlmutter, Tebedo, and Dyer--Concerning the severance tax upon mined materials.
Finance
Appropriations
INTRODUCTION OF RESOLUTIONS
The following resolutions were read by title:
SR 99-009 by Senators Dennis, Anderson, and Epps--Concerning osteoporosis prevention, treatment, and public education.
WHEREAS, Osteoporosis is a bonethinning disease
and is a major public health problem that poses a threat to the
health and quality of life of as many as twentyfive million
Americans; and
WHEREAS, Osteoporosis progresses silently and without
sensation over many years, and many cases of osteoporosis remain
undiagnosed until a fracture of the hip, spine, or wrist occurs;
and
WHEREAS, Approximately one million five hundred thousand
bone fractures each year are attributable to osteoporosis; and
WHEREAS, Statistics indicate that one out of two
women and one out of five men will suffer from an osteoporotic
fracture in their lifetime; and
WHEREAS, A woman's risk of hip fracture is equal
to her combined risk of breast, uterine, and ovarian cancer; and
WHEREAS, These fractures cause pain, disability,
immobility, social isolation, poor quality of life, and an inability
to live independently; and
WHEREAS, The annual direct and indirect costs of
osteoporosis to the health care system were estimated to be as
high as eighteen billion dollars in 1993 and are expected to rise
to sixty or eighty billion dollars by the year 2020; and
WHEREAS, Osteoporosis is a multigenerational issue,
since strong bones during youth and preserving them through adulthood
may prevent fractures later in life; and
WHEREAS, Most citizens, including physicians and
health care providers, continue to lack knowledge about the prevention,
detection, and treatment of osteoporosis; and
WHEREAS, Since there is no cure for osteoporosis,
emphasis must be placed on other means of disease awareness and
prevention including, but not limited to, education of medical
experts, service providers, and the general public regarding prevention.
This approach may be the only means of assuring that osteoporosis
will be preventable and treatable in the future, thereby reducing
the costs of longterm care; and
WHEREAS, Educating the general public and health
care community about this potentially devastating disease is of
paramount importance and is to the benefit of all residents of
the state of Colorado; and
WHEREAS, The University of Colorado Health Sciences
Center currently has programs that study the effects and impacts
of osteoporosis; and
WHEREAS, The different departments of the Colorado
Health Sciences Center, including but not limited to the School
of Nursing, the School of Pharmacy, the Center on Aging, and the
Area Health Education Centers, may work together in order to provide
additional support to urban and rural areas of the state of Colorado
regarding the prevention of and education about osteoporosis;
and
WHEREAS, Several private pharmaceutical companies
that are currently studying medications that might curb the negative
effects of osteoporosis could form private and public partnerships,
in order to more effectively contribute funds to educate the people
of the state of Colorado about this debilitating disease; now,
therefore,
Be It Resolved By the Senate of the Sixtysecond
General Assembly:
(1) That the Senate of the General Assembly
hereby recognizes the need to prevent and treat osteoporosis through
public awareness, education of medical experts and service providers,
research, and community outreach.
(2) That the Senate of the General Assembly
hereby encourages the University of Colorado Health Sciences Center
to work with the Colorado Department of Public Health and Environment
and other public and private organizations in order to achieve
these goals.
(3) That fighting osteoporosis is a top
priority of the state of Colorado in order to ensure the health,
safety, and welfare of its residents.
Be It Further Resolved,
That copies of this Resolution be transmitted to the University
of Colorado Health Sciences Center and the Department of Public
Health and Environment.
Laid over one day under Senate Rule 30(c), and placed on the calendar of Friday,
March 19.
SJR 99-019 by Senator Blickensderfer; also Representative
Dean--Concerning changes to legislative deadlines.
Laid over one day under Senate Rule 30(b), and placed on the calendar of Friday,
March 19.
COMMITTEE OF REFERENCE REPORTS
Trans- After consideration on the merits, the committee recommends that HB99-1325 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 15, line 7, after "(2)",
insert "(a)";
line 11, strike "ARE SUBJECT";
strike lines 12 through 14;
line 15, strike "ON THE REVENUE ANTICIPATION
NOTES,";
line 17, strike "(a)" and substitute "(I)";
line 21, strike "(b)" and substitute "(II)";
after line 23, insert the following:
"(b) IN ADDITION, REVENUE ANTICIPATION
NOTES ISSUED BY THE EXECUTIVE DIRECTOR PURSUANT TO THE PROVISIONS
OF THIS PART 7 AND EVERY CONTRACT RELATING TO THE ISSUANCE OF
SUCH NOTES SHALL PROVIDE THAT ALL FINANCIAL OBLIGATIONS OF THE
STATE IN REGARD TO THE PORTION OF THE PRINCIPAL OF AND INTEREST
ON SUCH NOTES AND THE COSTS ASSOCIATED WITH THE ISSUANCE AND ADMINISTRATION
OF SUCH NOTES THAT MAY BE PAID FROM FEDERAL TRANSPORTATION FUNDS
PURSUANT TO FEDERAL LAW AND ANY AGREEMENT BETWEEN THE UNITED STATES
DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OR THE POLITICAL
SUBDIVISION THAT IS OR IS TO BE THE INITIAL RECIPIENT OF SUCH
FEDERAL TRANSPORTATION FUNDS ARE SUBJECT TO CONTINUING FEDERAL
APPROPRIATIONS OF FEDERAL TRANSPORTATION FUNDS AT A LEVEL EQUAL
TO OR GREATER THAN THE AMOUNT NEEDED TO PAY THE FEDERAL SHARE
OF PRINCIPAL, INTEREST, AND COSTS ON THE REVENUE ANTICIPATION
NOTES.".
Trans- After consideration on the merits, the committee recommends that HB99-1324 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 10, strike lines 11
through 20.
Renumber succeeding C.R.S. section accordingly.
Trans- After consideration on the merits, the committee recommends that HB99-1327 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 5, after line 6, insert
the following:
"(b) "RETAIL GOODS AND SERVICES" SHALL
HAVE THE SAME MEANING AS SET FORTH IN SECTION 43-1-1201 (4).".
Reletter succeeding paragraph accordingly.
Page 6, strike lines 13 through 16 and substitute
the following:
"PARKING FOR THE PUBLIC OR WOULD RESULT IN A
COMPETITIVE DISADVANTAGE TO A PRIVATE BUSINESS REASONABLY NEAR
A TRANSFER FACILITY ENGAGING IN THE SALE OF SIMILAR GOODS AND
SERVICES. THE PROVISION OF RETAIL".
On motion of Senator Dennis, the Senate adjourned until 9:00 a.m., Friday,
March 19, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate