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

73^rd Legislative Day Friday, March 19, 1999

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

Order

Prayer By the chaplain, Senator Ron Teck.

Roll Call Present--Total, 33.

Absent/Excused--Linkhart, Wattenberg--Total, 2.

Present later--Linkhart.

Quorum The President announced a quorum present.

Reading of On motion of Senator Teck, reading of the Journal of March 18^th was

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

SENATE SERVICES REPORT

Senate Correctly printed: SR 99-9; SJR 19.

Services

COMMITTEE OF REFERENCE REPORTS

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

Environment, postponed indefinitely: SB99-082

Welfare and

Institutions

SIGNING OF BILLS

The President has signed: SB99-15, 17, 18, 27, 111.

RECALL OF HB99-1157

Having voted on the prevailing side, Senator Sullivant moved for recall of

HB99-1157.

Call of Call of Senate.

Senate

Call Raised.

The roll was called with the following result:

YES 19		NO 14		EXCUSED 2		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	E
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	N
Dennis	Y	Linkhart	N	Reeves	N	Wham	Y
Dyer	N	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, HB99-1157 was recalled.

Abstaining (*) from voting under Senate Rule 17(c)--Senator Matsunaka

______________________________

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 Resolutions.

______________________________

CONSIDERATION OF RESOLUTIONS

SJR 99-019 by Senator Blickensderfer; also Representative Dean--Concerning changes to legislative deadlines.

On motion of Senator Blickensderfer, the Resolution 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	E
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

SJR 99-017 by Senators Martinez and Wham; also representative George--Concerning the civil war monument's reference to the sand creek massacre.

On motion of Senator Martinez, the Resolution 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	E
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

Co-sponsors added: Anderson, Andrews, Arnold, Blickensderfer, Chlouber, Congrove,

Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart,

Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Phillips, Powers, Reeves,

Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Weddig.

SR 99-008 by Senators Blickensderfer, Powers, and Feeley--Concerning the appointment of employees for the Senate of the sixty-second general assembly.

(Printed in Senate Journal, March 15, page 498.)

On motion of Senator Blickensderfer, the Resolution 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	E
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

Employees appearing on SR99-008 were sworn in by the President.

SJR 99-018 by Senator Blickensderfer; also Representative Tapia--Concerning Single Parents Day.

On motion of Senator Blickensderfer, the Resolution 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	E
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

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, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Weddig, Wham.

SR 99-009 by Senators Dennis, Anderson, and Epps--Concerning osteoporosis prevention, treatment, and public education.

(Printed in Senate Journal, March 18, pages 523-524.)

On motion of Senator Dennis, the Resolution 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	E
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

Co-sponsors added: Andrews, Arnold, Blickensderfer, Chlouber, Congrove, Dyer, Evans,

Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Weddig, Wham.

MESSAGE FROM THE HOUSE:

March 19, 1999

Mr. President:

In response to the request of the Senate for the recall of HB98-1157, the bill is transmitted herewith.

RECONSIDERATION OF HB99-1157

Having voted on the prevailing side, Senator Sullivant moved for reconsideration of HB99-1157.

Call of Call of Senate.

Senate

Call Raised.

Reconsideration was adopted by the following roll call vote:

YES 19		NO 14		EXCUSED 2		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	E
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	N
Dennis	Y	Linkhart	N	Reeves	N	Wham	Y
Dyer	N	Martinez	N	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	*	Sullivant	Y

Abstaining (*) from voting under Senate Rule 17(c)--Senator Matsunaka 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:

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 18		NO 15		EXCUSED 2		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	N
Andrews	Y	Feeley	NY	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	E
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	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Arnold, Musgrave, Tebedo

Abstaining (*) from voting under Senate Rule 17(c)--Senator Matsunaka

Committee On motion of Senator Musgrave, the Senate resolved itself into Committee of the Whole

of the for consideration of General Orders and Senator Musgrave 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

Laid over until Monday, March 22, retaining its place on the calendar.

HB 99-1049 by Rep. Paschall; Senator Arnold--Applicability Date Of Selection Of IME

(Amended in General Orders as printed in Senate Journal, March 15, page 493 and 495.)

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 99-1229 by Rep. Johnson; Sen. Wattenberg--Reintroduction Of Endangered Species

Laid over until Monday, March 22, retaining its place on the calendar.

SB 99-202 by Sen. Anderson; Rep. Pfiffner--Permit Parents To Set School Curriculum

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, March 1, pages 386-387.)

Amendment No. 2, by Senator Anderson

Amend the committee amendment, as printed in Senate Journal, March 1, page 387, after line 27, insert the following:

"line 18, strike "MAY" and substitute "SHALL";"

strike lines 31 through 34 of the committee report and substitute the following:

""A NEIGHBORHOOD ALTERNATIVE SCHOOL SO LONG AS THE AVERAGE PERCENTAGE OF STUDENTS IN THAT SCHOOL WHO HAVE BEEN ENROLLED IN SUCH EDUCATIONAL PROGRAM";

line 42 of the committee report, strike "PERIOD; AND" and substitute "PERIOD.".";

strike lines 44 through 46 of the committee report.

As amended, declared LOST on Second Reading.

HB 99-1033 by Rep. Sullivant; Sen. Hillman--Protecting Vehicles From Rocks

Laid over until Monday, March 22, retaining its place on the calendar.

SB 99-033 by Sen. Linkhart; Rep. Pfiffner--Enterprise Zone Objectives

(Amended in General Orders as printed in Senate Journal, March 12, page 478.)

As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.

HB 99-1071 by Rep. Witwer; Sen. Blickensderfer and Grampsas--Immunity For Volunteer Doctors

Laid over until Monday, March 22, retaining its place on the calendar.

HB 99-1145 by Rep. Taylor; Senator Anderson--Local Plumbing Inspection & Permitting

Laid over until Monday, March 22, retaining its place on the calendar.

HB 99-1108 by Rep. Miller; Sen. Wattenberg--Permanent Extension Exemption Re Coal

Laid over until Monday, March 22, retaining its place on the calendar.

HB 99-1097 by Rep. Dean; Senator Blickensderfer--Special Election For General Assembly

Laid over until Monday, March 22, retaining its place on the calendar.

HB 99-1117 by Rep. McKay; Sen. Hillman--Pest Control Act

Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment

(Printed in Senate Journal, March 5, pages 425-426.)

Amendment No. 2, by Senator Hillman

Amend reengrossed bill, page 4, line 19, strike "THEY MAY";

line 20, strike "CONSULT WITH";

line 21, strike "CONCERNING" and substitute "MAY BE CONSULTED CONCERNING".

Amendment No. 3, by Senator Hillman

Amend reengrossed bill, page 4, strike line 18, and substitute the following:

"AVAILABLE CONTROL METHODS OF INTEGRATED PEST MANAGEMENT, INCLUDING MECHANICAL, CHEMICAL, AND BIOLOGICAL METHODS.".

Page 5, line 17, strike "PARCEL" and substitute "PARCEL, INCLUDING PARCELS CONTIGUOUS THERETO,".

As amended, laid over until Monday, March 22, retaining its place on the calendar.

The following bills on the General Orders calendar of Friday, March 19, were laid over

until Monday, March 22, retaining their place on the calendar:

HB99-1228, 99-1227; SB99-205; HB99-1305, 99-1213, 99-1217, 99-1107, 99-1176,

99-1082, 99-1127, 99-1318, 99-1225, 99-1175, 99-1214, 99-1090; SB99-204;

HB99-1236, 99-1037, 99-1027, 99-1304, 99-1070, 99-1310, 99-1290, 99-1301, 99-1283,

99-1268, 99-1284.

ROLL CALL VOTE ON HB99-1049

HB 99-1049 by Rep. Paschall; Senator Arnold--Applicability Date Of Selection Of IME

On the request of Senator Perlmutter, the President ordered a roll call vote on HB99-1049.

YES 19		NO 14		EXCUSED 2		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	E
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	Y

Abstaining (*) from voting under Senate Rule 17(c)--Senator Matsunaka

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Musgrave, 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:

SB99-033 as amended; HB99-1049 as amended, declared passed on Second Reading.

SB99-202 declared lost on Second Reading.

HB99-1274, 99-1229, 99-1033, 99-1071, 99-1145, 1108, 99-1097, 99-1228, 99-1227; SB99-205; HB99-1305, 99-1213, 99-1217, 99-1107, 99-1176, 99-1082, 99-1127, 99- 1318, 99-1225, 99-1175, 99-1214, 99-1090; SB99-204; HB99-1236, 99-1037, 99-1027, 99-1304, 99-1070, 99-1310, 99-1290, 99-1301, 99-1283,99-1268, 99-1284, laid over

until Monday, March 22, retaining their place on the calendar.

HB99-1117 as amended, laid over until Monday, March 22, retaining its 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 balance of the calendar of Friday, March 19, was laid over until Monday, March 22, retaining its place on the calendar.

______________________________

COMMITTEE OF REFERENCE REPORTS

State, After consideration on the merits, the committee recommends that the following be Veterans, referred to the Senate for final action: SJR99-012

and Military

Affairs

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

Veterans, referred favorably to the Committee of the Whole: SB99-206

and Military

Affairs

State, After consideration on the merits, the committee recommends that HB99-1189 be

Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 2, strike line 4, and substitute the following:

"contributions ­ definitions. (1)  FOR PURPOSES OF THIS SECTION:

(a)  "POLITICAL FUNDS"";

line 6, strike "(a)" and substitute "(I)";

line 8, strike "(b)" and substitute "(II)";

line 9, strike "THE PURPOSE OF" and substitute the following:

"POLITICAL PURPOSES.

(b) (I)  "POLITICAL PURPOSE" MEANS";

line 10, strike "TO SUPPORT OR OPPOSE" and substitute "SUPPORTING OR OPPOSING";

strike line 11, and substitute the following:

"REFERENDUM. POLITICAL PURPOSES INCLUDE, WITHOUT LIMITATION, EFFORTS TO";

line 12, strike the second "FOR";

after line 14, insert the following:

"(II)  "POLITICAL PURPOSE" DOES NOT INCLUDE LOBBYING.".

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

Veterans, postponed indefinitely: HB99-1261

and Military

Affairs

Local After consideration on the merits, the committee recommends that HB99-1159 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 3, line 18, after "STATE.", insert the following:

""PUBLIC IMPROVEMENT" OR "SERVICE" SHALL NOT INCLUDE ANY FACILITY IDENTIFIED IN SECTION 30­20­101 (8) OR (9), NOR SHALL THE TERMS INCLUDE SERVICES IDENTIFIED IN SECTION 30­15­401 (4) THROUGH (7.7) UNLESS THE DISTRICT PROVIDES SUCH SERVICES CONSISTENT WITH PART 4 OF ARTICLE 15 OF THIS TITLE.".

Page 6, line 21, strike "and" and substitute "and";

line 22, strike "district." and substitute "district; AND";

after line 22, insert the following:

"(g)  A STATEMENT THAT EITHER:

(I)  THE BOUNDARIES OF THE PROPOSED DISTRICT INCLUDE AT LEAST ONE HUNDRED ELIGIBLE ELECTORS;

(II)  THE BOUNDARIES OF THE PROPOSED DISTRICT INCLUDE AT LEAST ONE ELIGIBLE ELECTOR FOR EACH FIVE ACRES OF LAND INCLUDED WITHIN THE PROPOSED DISTRICT; OR

(III)  THE PETITION IS SIGNED BY ONE HUNDRED PERCENT OF THE OWNERS OF TAXABLE REAL PROPERTY TO BE INCLUDED IN THE PROPOSED DISTRICT.".

Page 25, line 22, after "STATE.", insert the following:

""PUBLIC IMPROVEMENT" OR "SERVICE" SHALL NOT INCLUDE ANY FACILITY IDENTIFIED IN SECTION 30­20­101 (8) OR (9), NOR SHALL THE TERMS INCLUDE SERVICES IDENTIFIED IN SECTION 30­15­401 (4) THROUGH (7.7) UNLESS THE DISTRICT PROVIDES SUCH SERVICES CONSISTENT WITH PART 4 OF ARTICLE 15 OF TITLE 30.".

Page 28, line 11, strike "district." and substitute "district; AND";

after line 11, insert the following:

"(g)  A STATEMENT THAT EITHER:

(I)  THE BOUNDARIES OF THE PROPOSED DISTRICT INCLUDE AT LEAST ONE HUNDRED ELECTORS OF THE DISTRICT;

(II)  THE BOUNDARIES OF THE PROPOSED DISTRICT INCLUDE AT LEAST ONE ELECTOR OF THE DISTRICT FOR EACH FIVE ACRES OF LAND INCLUDED WITHIN THE PROPOSED DISTRICT; OR

(III)  THE PETITION IS SIGNED BY ONE HUNDRED PERCENT OF THE OWNERS OF TAXABLE REAL PROPERTY TO BE INCLUDED IN THE PROPOSED DISTRICT.".

Local After consideration on the merits, the committee recommends that HB99-1294 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 3, strike lines 4 and 5 and substitute the following:

"EIGHT PERCENT OF THE ELIGIBLE ELECTORS WHO RESIDE WITHIN THE GEOGRAPHIC BOUNDARIES";

strike line 17 and substitute the following:

"THE ELIGIBLE ELECTORS".

Page 4, line 9, strike "PETITION" and substitute "BALLOT QUESTION";

line 13, strike "SUBMIT THE PETITION" and substitute "SUBMIT THE PETITION ALONG WITH THE BALLOT QUESTION".

Page 5, line 2, strike "A PETITION" and substitute "THE BALLOT QUESTION".

Page 6, after line 8, insert the following:

"SECTION 3.  32­9­111 (1) (b), Colorado Revised Statutes, is amended to read:

32­9­111.  Election of directors ­ dates ­ terms. (1) (b)  If an election held pursuant to section 32­9­106 (2) (b) and (2) (c), 32­9­106.3, 32­9­106.4, 32­9­106.5, or 32­9­106.6 results in a vote for the inclusion of an area within the district, OR IF A PETITION OR ELECTION RESULTS IN THE INCLUSION OF AN AREA WITHIN THE DISTRICT PURSUANT TO SECTION 32­9­106.7, the board shall, within forty­five days, vote to include the new area in one or more existing adjacent director districts based, to the extent practical, on population. The vote by the board shall require a two­thirds majority.".

Renumber succeeding sections accordingly.

Trans- After consideration on the merits, the committee recommends that HB99-1180 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 14, strike "OCCUPYING THE MOTOR VEHICLE, INCLUDING BUT NOT LIMITED TO" and substitute "IN THEIR SEATING POSITIONS, INCLUDING";

line 23, strike "TO" and substitute "TO:";

strike line 24;

line 25, strike "IN" and substitute "PASSENGERS, BUT NOT INCLUDING THE DRIVER, LOCATED IN".

Page 3, line 1, strike "OR";

line 2, strike "IN" and substitute "PASSENGERS, BUT NOT INCLUDING THE DRIVER, LOCATED IN";

after line 4, insert the following:

"(III)  THE POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE CONTAINER IN THE AREA BEHIND THE LAST UPRIGHT SEAT OF A MOTOR VEHICLE THAT IS NOT EQUIPPED WITH A TRUNK; OR

(IV)  THE POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE CONTAINER IN ANY AREA NOT NORMALLY OCCUPIED BY THE DRIVER OR A PASSENGER IN A MOTOR VEHICLE THAT IS NOT EQUIPPED WITH A TRUNK.".

Trans- After consideration on the merits, the committee recommends that HB99-1239 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 1, strike line 7, and substitute the following:

"INSURED OR RESIDENT RELATIVE WHO OPERATES OR USES A MOTOR VEHICLE IN A MANNER THAT A".

Page 2, strike lines 3 through 5 and substitute the following:

"(b)  THE CIRCUMSTANCES SURROUNDING THE CONDUCT OF THE PERSON OPERATING OR USING THE MOTOR VEHICLE;".

Trans- After consideration on the merits, the committee recommends that HB99-1279 be

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

with favorable recommendation:

Amend reengrossed bill, page 2, line 13, strike "(2) (b)," and substitute "(6) (c),";

line 14, strike "PARAGRAPH" and substitute "SUBPARAGRAPH";

line 16, strike "(2) (b)" and substitute "(6) (c) (III)".

Page 4, line 3, after "(III)" insert "(A)";

after line 11, insert the following:

"(B)  A PERSON CONVICTED OF A VIOLATION OF PARAGRAPH (a) OF SUBSECTION (1) OR OF PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION, WHICH VIOLATION DID NOT OCCUR WITHIN FIVE YEARS AFTER THE DATE OF A PREVIOUS VIOLATION FOR WHICH THERE WAS A CONVICTION UNDER PARAGRAPH (a) OF SUBSECTION (1) OR PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION, SHALL BE REQUIRED TO OBTAIN A RESTRICTED LICENSE PURSUANT TO THE PROVISIONS OF SECTION 42­2­132.5 FOR A PERIOD OF NOT LESS THAN SIX MONTHS AFTER REINSTATEMENT.".

Page 5, line 22, strike "multiple";

line 23, strike "convictions." and substitute "conviction.";

line 24, strike "(4)" and substitute "(5)".

Page 6, after line 5, insert the following:

"(2)  FOLLOWING THE PERIOD OF REVOCATION PURSUANT TO SUBSECTION (5) OF THIS SECTION OR SECTION 42­2­125 AND ANY SUBSEQUENTLY IMPOSED PERIOD OF REVOCATION, ANY PERSON WHO HAS BEEN CONVICTED OF AN OFFENSE UNDER SECTION 42­4­1301 (1) (a) OR (2) (a) WHICH OFFENSE WAS NOT COMMITTED WITHIN A PERIOD OF FIVE YEARS OF AN OFFENSE UNDER SECTION 42­4­1301 (1) (a) OR (2) (a) SHALL BE REQUIRED TO HOLD A RESTRICTED LICENSE PURSUANT TO THIS SECTION FOR AT LEAST SIX MONTHS PRIOR TO BEING ELIGIBLE TO OBTAIN ANY OTHER DRIVER'S LICENSE ISSUED UNDER THIS ARTICLE 2.".

Renumber succeeding subsections accordingly.

Trans- After consideration on the merits, the committee recommends that the following be

portation postponed indefinitely: HB99-1212

Judiciary After consideration on the merits, the committee recommends that HB99-1204 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 3, strike lines 21 and 22 and substitute the following:

"RESTRAINING ORDER. IN DETERMINING WHETHER AN IMMINENT";

line 24, strike "DOMESTIC";

line 25, after "ABUSE", insert "OR THREAT OF HARM".

Page 4, line 1, strike "ORDER TO PREVENT DOMESTIC ABUSE." and substitute "ORDER.";

line 3, strike "DOMESTIC ABUSE" and substitute "ABUSE OR THREAT OF HARM";

line 4, strike "ORDER TO PREVENT DOMESTIC" and substitute "ORDER.";

strike line 5.

Page 5, strike line 13 and substitute the following:

"SHALL BE MADE PERMANENT WITHOUT FURTHER NOTICE OR SERVICE UPON THE".

Page 8, line 5, strike "PARTIES." and substitute "PARTIES AND IF BOTH PARTIES ARE PRESENT AT THE HEARING AND AGREE TO THE CONTINUANCE.";

line 7, strike "18­6­803.4," and substitute "18­6­803.5,".

Page 12, line 11, strike "section 13­6­107 or section 14­4­102 or" and substitute "section 13­6­107 or section 14­4­102 or ARTICLE 14 OF THIS TITLE OR SECTION".

Judiciary After consideration on the merits, the committee recommends that HB99-1234 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, after "PETITIONER", insert "AND

THE CO-PETITIONER, IF ANY,";

line 25, strike "WITHOUT THE" and substitute "OR ALLOWING TO LAPSE

FOR NONPAYMENT OF PREMIUMS WITHOUT THE WRITTEN".

Page 3, line 6, strike "LAPSE FOR NONPAYMENT OF" and substitute "BE

CANCELED, MODIFIED, TERMINATED, OR ALLOWED TO LAPSE FOR

NONPAYMENT OF PREMIUMS.";

strike line 7.

On motion of Senator Blickensderfer, the Senate adjourned until 10:00 a.m., Monday,

March 22, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate