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SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

76th Legislative Day Monday, March 22, 1999

Call to By the President at 10:00 a.m.

Order

Prayer By the chaplain, Rev. Arlyn Tolzmann, Holy Cross Lutheran Church, Wheat Ridge.

Roll Call Present--Total, 34.

Absent/Excused--Feeley--Total, 1.

Present later--Feeley.

Quorum The President announced a quorum present.

Reading of On motion of Senator Anderson, reading of the Journal of March 19th was

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

SENATE SERVICES REPORT

Senate Correctly engrossed: SB 99-33.

Services

Correctly revised: HB 99-1049.

Correctly enrolled: SR 99-8, 9.

To the Governor for signature on Friday, March 19, 1999, at 9:50 am:

SB 99-15, 17, 18, 27, 66, 85, 111, 135, 139.

MESSAGE FROM THE HOUSE:

March 19, 1999

Mr. President:

The House has postponed indefinitely SB99-073. The bill is returned herewith.

The House has adopted and returns herewith SJR99-019.

INTRODUCTION OF BILL--FIRST READING

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

SB 99-214 by Senator Dennis; also Representative Johnson--Concerning the funding of the wildlife management public education advisory council, and, in connection therewith, making an appropriation.

Agriculture, Natural Resources, and Energy

Appropriations

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

SJR 99-020 by Senator Blickensderfer; also Representative Dean--Concerning the convening date for the second regular session of the Sixty-Second General Assembly.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Tuesday,

March 23.

SIGNING OF BILLS - RESOLUTIONS

The President has signed: SR99-8, 9.

The President has signed: HB99-1026, 1040, 1041, 1075, 1076, 1078, 1114, 1147, 1152.

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 99-1012 by Rep. McKay; Senator Andrews --Adjust Res Real Prop Assessment Ratio

Laid over until Tuesday, March 23, retaining its place on the calendar.

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

Call of Call of Senate.

Senate

Call Raised.

The question being "Shall the bill pass?" 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
E
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
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, Owen, Tebedo

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

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

The question being "Shall the bill 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
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
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: Andrews, Rupert.



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

of the for consideration of General Orders and Senator Wattenberg 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:

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

HB99-1325, 99-1324, 99-1327.



HB 99-1324 by Rep. George; Senator Powers--Design Build Contracting By CDOT

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 18, page 525.)

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

HB 99-1327 by Rep. Williams; Senator Perlmutter--Codevelopment Of Transfer Facilities

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 18, page 525.)

Amendment No. 2, by Senator Perlmutter

Amend the committee amendment, as printed in Senate Journal, March 18, page 525, strike lines 61 and 62 and substitute the following:

""(b)  "RETAIL GOODS AND SERVICES" MEANS ALL GOODS AND SERVICES SOLD TO THE PUBLIC.".".

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

HB 99-1325 by Rep. George; Senator Powers--Transportation RANs

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 18, page 525.)

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

The following bills on the General Orders calendar of Monday, March 22, were laid over until Tuesday, March 23, retaining their place on the calendar:

HB99-1274, 99-1229, 99-1033, 99-1071, 99-1145, 99-1108, 99-1097, 99-1117,

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, 99-1171, 99-1288; SB99-210.

AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 99-1325 by Rep. George; Senator Powers--Transportation RANs

Senator Thiebaut moved to amend the Report of the Committee of the Whole to show

that the following Thiebaut amendment to HB99-1325 did pass.

Amend reengrossed bill, page 5, line 16, strike "COMMISSION:" and substitute "COMMISSION DO";

line 17, strike "(I)  DO";

line 24, strike "COMMISSION; AND" and substitute "COMMISSION.";

strike lines 25 and 26.

Page 6, strike lines 1 through 14.

Page 23, strike lines 7 through 9 and substitute the following:

"SECTION 6.  Refer to people under referendum.  This act shall be submitted to a vote of the registered electors of the state of Colorado at the next election for which it may be submitted, for their approval or rejection, under the provisions of the referendum as provided for in section 1 of article V and section 20 of article X of the state constitution, and in article 40 of title 1, Colorado Revised Statutes. Each elector voting at said election and desirous of voting for or against said act shall cast a vote as provided by law either "Yes" or "No" on the proposition: "SHALL THE STATE OF COLORADO BE ALLOWED TO ISSUE REVENUE ANTICIPATION NOTES FOR THE PURPOSE OF FINANCING QUALIFIED FEDERAL AID TRANSPORTATION PROJECTS TO BE REPAID FROM FEDERAL TRANSPORTATION FUNDS AS WELL AS STATE MATCHING FUNDS SUBJECT TO ANNUAL ALLOCATION BY THE STATE TRANSPORTATION COMMISSION?" The votes cast for the adoption or rejection of said act shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress.".

The motion was declared LOST by the following roll call vote:

YES 12

NO 22

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
E
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
Y
Pascoe
N
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
N

Dyer
N
Martinez
N
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

HB 99-1325 by Rep. George; Senator Powers--Transportation RANs

Senator Thiebaut moved to amend the Report of the Committee of the Whole to show

that the following Thiebaut amendment to HB99-1325 did pass.

Amend reengrossed bill, page 23, strike lines 7 through 9 and substitute the following:

"SECTION 6.  Effective date.  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".

The motion was declared LOST by the following roll call vote:

YES 12

NO 22

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
E
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
N

Dyer
N
Martinez
N
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

HB 99-1325 by Rep. George; Senator Powers--Transportation RANs

Senator Thiebaut moved to amend the Report of the Committee of the Whole to show

that the following Thiebaut amendment to HB99-1325 did pass.

Amend reengrossed bill, page 5, line 16, strike "COMMISSION:" and substitute "COMMISSION DO";

line 17, strike "(I)  DO";

line 24, strike "COMMISSION; AND" and substitute "COMMISSION.";

strike lines 25 and 26.

Page 6, strike lines 1 through 14 and substitute the following:

"(d)  IN ORDER TO SECURE THE SUPPORT AND APPROVAL OF THE PEOPLE OF THE STATE OF COLORADO, THE QUESTION OF AUTHORIZING THE USE OF REVENUE ANTICIPATION NOTES SHOULD BE PLACED BEFORE THE REGISTERED ELECTORS OF THE STATE AT THE NOVEMBER 1999 STATEWIDE ELECTION.".

Page 7, after line 16, insert the following:

"43­4­703.  Submission of ballot question regarding the use of transportation revenue anticipation notes. (1)  THE SECRETARY OF STATE SHALL SUBMIT A BALLOT QUESTION TO A VOTE OF THE REGISTERED ELECTORS OF THE STATE OF COLORADO AT THE STATEWIDE ELECTION TO BE HELD IN NOVEMBER, 1999, FOR THEIR APPROVAL OR REJECTION. EACH ELECTOR VOTING AT SAID NOVEMBER ELECTION SHALL CAST A VOTE AS PROVIDED BY LAW EITHER "YES" OR "NO" ON THE PROPOSITION: "SHALL THE STATE OF COLORADO BE ALLOWED TO ISSUE REVENUE ANTICIPATION NOTES FOR THE PURPOSE OF FINANCING QUALIFIED FEDERAL AID TRANSPORTATION PROJECTS TO BE REPAID FROM FEDERAL TRANSPORTATION FUNDS AS WELL AS STATE MATCHING FUNDS SUBJECT TO ANNUAL ALLOCATION BY THE STATE TRANSPORTATION COMMISSION?"

(2)  THE VOTES CAST FOR THE ADOPTION OR REJECTION OF THE QUESTION SUBMITTED PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL BE CANVASSED AND THE RESULT DETERMINED IN THE MANNER PROVIDED BY LAW FOR THE CANVASSING OF VOTES FOR REPRESENTATIVES IN CONGRESS.".

Renumber succeeding C.R.S. sections accordingly.

Page 13, line 26, strike "43­4­706" and substitute "43­4­707".

Page 14, line 5, strike "43­4­706 (1)" and substitute "43­4­707 (1)";

after line 22, insert the following:

"(13)  NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, THE EXECUTIVE DIRECTOR SHALL HAVE THE AUTHORITY TO ISSUE REVENUE ANTICIPATION NOTES PURSUANT TO THIS PART 7 ONLY IF VOTERS STATEWIDE APPROVE THE BALLOT QUESTION SUBMITTED AT THE NOVEMBER, 1999, STATEWIDE ELECTION PURSUANT TO SECTION 43­4­703.".

Page 21, line 23, strike "43­4­704 (2) (c) (II)." and substitute "43­4­705 (2) (c) (II).".

Page 23, line 5, strike "43­4­708," and substitute "43­4­709,".

The motion was declared LOST by the following roll call vote:

YES 11

NO 23

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
E
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
N
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
N

Dyer
N
Martinez
N
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Wattenberg, 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:

HB99-1324 as amended, 99-1327 as amended, 99-1325 as amended, declared passed on

Second Reading.

HB99-1274, 99-1229, 99-1033, 99-1071, 99-1145, 99-1108, 99-1097, 99-1117,

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, 99-1171, 99-1288; SB99-210, laid over until Tuesday, March 23, 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 balance of the calendar of Monday, March 22, was laid over until Tuesday, March 23, retaining its place on the calendar.

______________________________

COMMITTEE OF REFERENCE REPORTS

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

Services referred favorably to the Committee of the Whole: HB99-1163

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

riations referred favorably to the Committee of the Whole: SB99-089

Approp- After consideration on the merits, the committee recommends that HB99-1056 be

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

Amend reengrossed bill, page 14, line 7, strike "emergency response program," and substitute "hazardous waste control program,";

line 9, strike "General Fund" and substitute "from the Hazardous Waste Service Fund";

line 12, strike "General Fund" and substitute "from the Highway Users Tax Fund".

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

riations postponed indefinitely: SB99-055

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

riations postponed indefinitely: SB99-077

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

riations postponed indefinitely: SB99-128

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

riations postponed indefinitely: SB99-158

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

riations postponed indefinitely: SB99-126

Health, After consideration on the merits, the committee recommends that HB99-1019 be

Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations Welfare with favorable recommendation:

Institutions

Amend reengrossed bill, page 3, line 14, strike "NINE" and substitute "TEN";

strike lines 18 through 20 and substitute:

"(B)  FIVE MEMBERS OF THE SENATE, THREE OF WHOM SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE, AND TWO OF WHOM SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE.".

Page 4, line 20, after "ELDER CARE," insert "HEALTH CARE PROVIDERS IN THE HOME SETTING,".

Page 6, line 5, strike "AND";

strike line 6, and substitute the following:

"(D)  MEDICAL AND PATIENT RECORD CONFIDENTIALITY;

(E)  HEALTH CARE WORK FORCE REQUIREMENTS; AND

(F)  HOME CARE IN THE CONTINUUM OF CARE.".

line 10, strike "COVERAGE;" and substitute "COVERAGE, INCLUDING COVERAGE FOR CATASTROPHIC ILLNESSES;".

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

Environment, postponed indefinitely: SB99-146

Welfare and

Institutions

INTRODUCTION OF MEMORIAL

The following memorial was read by title:

SJM 99-001 by Senator Dyer--Memorializing Daries Charles "Chuck" Lile.

WHEREAS, By the Will of Divine Providence, Daries Charles "Chuck" Lile, the former Director of the Colorado Water Conservation Board, departed this life on February 8, 1999, at the age of fifty­four; and

WHEREAS, Chuck Lile served the State of Colorado faithfully for thirty­one years in the area of water resources; and

WHEREAS, Chuck Lile, a registered professional engineer, began his water resources career in July of 1967 in the Office of the State Engineer where he worked for twenty­five years; and

WHEREAS, Chuck Lile was the division engineer of Water District 7 in Durango for fourteen of his twenty­five years with the Office of the State Engineer, where he was instrumental in negotiating the Indian Reserved Water Rights settlement; and

WHEREAS, Chuck Lile was made the Director of the Colorado Water Conservation Board in 1992 where his insight and leadership skills greatly benefitted the Colorado Water Conservation Board and, consequently, the State of Colorado; and

WHEREAS, Chuck Lile, during his tenure as the Director of the Colorado Water Conservation Board, improved and brought new vitality to the Colorado Water Conservation Board loan program by creating several new accounts within the Colorado Water Conservation Board Construction Fund, such as the fish and wildlife resources account, the emergency infrastructure repair account, and the Horse Creek basin augmentation account; and

WHEREAS, Chuck Lile, in response to the Kansas lawsuit against Colorado claiming failure to deliver water to the state line as required by the Arkansas River Compact, helped organize and co­chaired the Arkansas River Coordinating Committee; and

WHEREAS, Chuck Lile served on several state and interstate organizations including the Arkansas River Compact Administration, the Upper Colorado River Compact Commission as alternate commissioner, the Western States Water Council, the Colorado River Salinity Control Forum, and the Colorado Groundwater Commission; and

WHEREAS, Chuck Lile concluded his official career in July of 1998 after serving nearly six years as the Director of the Colorado Water Conservation Board; and

WHEREAS, Chuck Lile was also very involved in community projects, including such organizations as the rotary club, running clubs, school boards, church groups, and youth sports, all of which demonstrated his deep and abiding affection for Colorado and its people; and

WHEREAS, Chuck Lile spent his entire professional career working for water users in the State of Colorado and now his memory deserves their gratitude and deep appreciation for his skill, insight, and leadership; now, therefore,

Be It Resolved by the Senate of the Sixty­second General Assembly of the State of Colorado, the House of Representatives concurring herein:

That, in the death of Daries Charles "Chuck" Lile, the people of the State of Colorado have lost a devoted public servant and an outstanding citizen and that we, the members of the sixty­second general assembly, pay tribute to Chuck Lile for his years of dedicated public service and do hereby extend our deep and heartfelt sympathy to the members of his family.

Be It Further Resolved, That copies of this memorial be sent to Chuck Lile's wife, Leesa Lile, his sons Chip Lile and Chris Lile, his daughter Carrie Lile, all of Durango, Colorado, and his mother Merle Lile, of Pueblo, Colorado.

Laid over one day under Senate Rule 30(d), and placed on the calendar of Tuesday, March 23.

Senate in recess.

Senate reconvened.

MESSAGE FROM THE HOUSE:

March 22, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes

HB99-1316, amended as printed in House Journal, March 19, pages 839-842 and on Third Reading as printed in House Journal March 22.

The House has passed on Third Reading and returns herewith SB98-172.

MESSAGE FROM THE REVISOR

March 22, 1999

We herewith transmit:

without comment, as amended, HB99-1316.

MESSAGES FROM THE GOVERNOR

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

ments Committee as follows:

March 22, 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 hereby withdraw from your consideration the following:

MEMBER OF THE

STATE BOARD OF PAROLE

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 or probation officer member and to fill a vacancy occasioned by the resignation of Saul E. Trujillo.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/22/99

P. Dicks, Secretary

March 22, 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:

MEMBER OF THE

STATE BOARD OF PAROLE

effective April 1, 1999, for a term expiring July 1, 1999:

The Honorable Richard A. Martinez of Pueblo, Colorado, to serve as a citizen member and to fill a vacancy occasioned by the resignation of Patricia J. Rosales-Kroll, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/22/99

P. Dicks, Secretary

Committee on Judiciary

On motion of Senator Chlouber, the Senate adjourned until 9:00 a.m., Tuesday, March 23, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate