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

77th Legislative Day Tuesday, March 23, 1999


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

Order

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

Roll Call Present--Total, 33.

Absent/Excused--Dennis, Matsunaka--Total, 2.

Present later--Dennis.

Quorum The President announced a quorum present.

Reading of On motion of Senator Dyer, reading of the Journal of March 22nd was

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


SENATE SERVICES REPORT

Senate Correctly printed: SB 99-214; also SJR 99-20; SJM 99-1.

Services

Correctly enrolled: SB 99-19, 113, 200; also SJR 99-16

Correctly revised: 1324, 1325, 1327.

MESSAGE FROM THE HOUSE:

March 22, 1999

Mr. President:

The House has adopted and transmits herewith HJR99-1015, as printed in House Journal, March 19, pages 864-865.

The House has adopted and returns herewith SJR99-017 and 018.

SIGNING OF BILLS

The President has signed: SB99-19, 113, 200.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB99­1134

*****************************

THIS REPORT AMENDS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99­1134, concerning the funding of underground conversion of overhead public utilities, has met and reports that it has agreed upon the following:

That the House accede to the Senate amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 4, line 1, after "A", insert "DIRECT";

line 5, strike "LOCATIONS." and substitute "LOCATIONS; EXCEPT THAT SUCH SURCHARGE SHALL NOT BE IMPOSED FOR INCIDENTAL AND EPISODIC CONVERSIONS ASSOCIATED WITH PUBLIC IMPROVEMENTS SUCH AS STREET WIDENING OR SEWER CONSTRUCTION IN ACCORDANCE WITH SECTION 29­8­102.";

line 11, after "A", insert "DIRECT";

line 13, strike "LOCATIONS." and substitute "LOCATIONS; EXCEPT THAT SUCH SURCHARGE SHALL NOT BE IMPOSED FOR INCIDENTAL AND EPISODIC CONVERSIONS ASSOCIATED WITH PUBLIC IMPROVEMENTS SUCH AS STREET WIDENING OR SEWER CONSTRUCTION IN ACCORDANCE WITH SECTION 29­8­102.".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Mark Larson, Chair Sen. Dave Wattenberg, Chair

Rep. Brad Young Sen. Norma Anderson

Rep. Bob Hagedorn Sen. Jim Dyer

SIGNING OF BILLS

The President has signed: HB99-1209

The President has signed: HB99-1216, 1242, 1244, and 1267.

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 Monday, March 29, retaining its place on the calendar.

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

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

YES 32


NO 2


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

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

N

Mr. President

Y

Epps

Y

Matsunaka

E

Sullivant

Y


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

was declared PASSED.

Co-sponsors added: Anderson, Arnold, Blickensderfer, Chlouber, Congrove, Epps, Evans,

Hernandez, Lamborn, Musgrave, Nichol, Owen, Reeves, Tebedo, Teck.

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

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

YES 31


NO 3


EXCUSED 1


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

N

Tebedo

N

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

E

Sullivant

Y


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

was declared PASSED.

Co-sponsors added: Anderson, Blickensderfer, Epps, Evans, Hernandez, Lacy, Pascoe,

Reeves, Teck, Weddig.

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

Laid over until Wednesday, March 24, retaining its place on the calendar.

INTRODUCTION AND CONSIDERATION OF RESOLUTION

The following resolution was read by title and taken upon immediate consideration:

SJR 99-021 by Senators Powers and George; also Representative George--Concerning a request to the supreme court of the state of Colorado to render its opinion upon questions regarding house bill 99-1325.

Senator Blickensderfer moved to suspend Senate Rule 30(b).

A two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(b) was suspended and Immediate Consideration granted.

On motion of Senator Powers, 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

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

E

Sullivant

Y


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

Dyer, Epps, Evans, Lacy, Lamborn, Musgrave, Sullivant, Tebedo, Teck.


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

of the for consideration of General Orders and Senator Tebedo 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

(Amended in General Orders as printed in Senate Journal, March 12, pages 476-477.)

Amendment No. 1, by Senator Andrews

Strike the Andrews floor amendment, as printed in Senate Journal, March 12, page 476, lines 31 through 72 and page 477, lines 1 through 23, and substitute the following:

"Amend reengrossed bill, page 1, strike lines 2 and 3 and substitute the following:

"SECTION 1.  22­30.5­106 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

22­30.5­106.  Charter application ­ contents. (1)  The charter school application shall be a proposed agreement and shall include:

(m)  A DISPUTE RESOLUTION PROCESS, AS PROVIDED IN SECTION 22­30.5­107.5.

SECTION 2.  Part 1 of article 30.5 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

22­30.5­107.5.  Dispute resolution ­ appeal. (1)  THE CHARTER SCHOOL AND THE SCHOOL DISTRICT SHALL AGREE ON A THIRD­PARTY DISPUTE RESOLUTION PROCESS TO RESOLVE DISPUTES THAT MAY ARISE CONCERNING IMPLEMENTATION OF THE CHARTER CONTRACT. IF THE CHARTER SCHOOL AND THE SCHOOL DISTRICT DO NOT INCLUDE A THIRD­PARTY DISPUTE RESOLUTION PROCESS, THE STATE BOARD SHALL DIRECT THE DEPARTMENT OF EDUCATION TO PROVIDE DISPUTE RESOLUTION SERVICES AT THE REQUEST OF THE CHARTER SCHOOL OR THE SCHOOL DISTRICT. THE CHARTER SCHOOL AND THE SCHOOL DISTRICT SHALL EACH BE RESPONSIBLE FOR PAYING ONE­HALF OF THE REASONABLE COSTS INCURRED BY THE DEPARTMENT OF EDUCATION IN PROVIDING SUCH DISPUTE RESOLUTION SERVICES. THE STATE BOARD SHALL ESTABLISH THE AMOUNT OF SUCH REASONABLE COSTS BY RULE.

(2)  IF EITHER THE CHARTER SCHOOL OR THE SCHOOL DISTRICT FAILS OR REFUSES TO PARTICIPATE IN A DISPUTE RESOLUTION PROCESS OR FAILS OR REFUSES TO COMPLY WITH THE DECISION REACHED AS A RESULT OF THE DISPUTE RESOLUTION PROCESS, SUCH FAILURE OR REFUSAL SHALL CONSTITUTE AN ALLEGED UNILATERAL IMPOSITION OF CONDITIONS THAT MAY BE APPEALED TO THE STATE BOARD PURSUANT TO SECTION 22­30.5­108 (3).".

Renumber succeeding sections accordingly.

Page 2, strike lines 1 through 11.".

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

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

(Printed in Senate Journal, February 26, page 375.)

Amendment No. 2, by Senator Wattenberg

Strike the committee amendment, as printed in the Senate Journal, February 26, page 375, lines 21 through 27.

Amend reengrossed bill, page 2, strike lines 7 through 15, and substitute the following:

"(2)  BEFORE ANY SPECIES MAY BE INTRODUCED OR REINTRODUCED INTO THIS STATE THROUGH ACTION BY ANY STATE OR LOCAL GOVERNMENT ENTITY, THE GENERAL ASSEMBLY SHALL ACT BY BILL TO SPECIFICALLY NAME SUCH SPECIES AND TO SPECIFY THE MANNER OF INTRODUCTION OR REINTRODUCTION. THE SPECIES TO BE INTRODUCED OR REINTRODUCED SHALL BE:

(a)  NOT OR NO LONGER FOUND IN THIS STATE; AND

(b)  A CANDIDATE FOR LISTING OR HAS BEEN PLACED IN THE THREATENED OR ENDANGERED SPECIES LIST PURSUANT TO THE FEDERAL "ENDANGERED SPECIES ACT OF 1973", 16 U.S.C. SEC. 1531, ET SEQ., AS AMENDED.".

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

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

Laid over until Wednesday, March 24, retaining its place on the calendar.



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

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, March 5, page 424.)

As amended, declared LOST on Second Reading. (For further action, see page 554

where the Anderson amendment to the Report of the Committee of the Whole was

adopted, and HB99-1145, as amended, was ordered laid over until Wednesday,

March 24, retaining its place on the calendar.)

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

(Amended in General Orders as printed in Senate Journal, March 5, pages 421 and 422.)

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

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

Ordered revised and placed on the calendar for Third Reading and Final Passage.


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

Laid over until Wednesday, March 24, retaining its place on the calendar.


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

(Amended in General Orders as printed in Senate Journal, March 19, page 531.)

Amendment No. 1, by Senator Hillman

Amend reengrossed bill, page 4, line 6, strike "GENERAL" and substitute "SPECIFIC";

line 8, strike "REASONABLE" and substitute "PROBABLE".

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


HB 99-1228 by Rep. Johnson; Senator Reeves--Limits On Access To Animals' Vet Records

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

(Printed in Senate Journal, March 5, pages 426-427.)

Amendment No. 2, by Senator Reeves

Amend the Agriculture, Natural Resources and Energy committee amendment, as printed in Senate journal, March 5, page 426, line 39, after the period, add "NOTHING IN THIS SUBPARAGRAPH (XIII) SHALL PREVENT THE STATE AGRICULTURAL COMMISSION OR THE STATE BOARD OF VETERINARY MEDICINE FROM EXERCISING ITS INVESTIGATORY AND ENFORCEMENT POWERS AND DUTIES GRANTED PURSUANT TO SECTIONS 35­1­106 (1) (h) AND 12­64­105 (9) (e), C.R.S., RESPECTIVELY."

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


HB 99-1227 by Rep. Tapia; Senator Dennis--Definition Of Res Child Care Facilities

Ordered revised and placed on the calendar for Third Reading and Final Passage.

SB 99-205 by Sen. Teck; Rep. Clapp--Local Government's Authority To Sue

Laid over until Wednesday, March 24, retaining its place on the calendar.

The following bills on the General Orders calendar of Tuesday, March 23, were laid over until Wednesday, March 24, retaining their place on the calendar:

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, 99-206; HB99-1189, 99-1159, 99-1294, 99-1180, 99-1239,

99-1204, 99-1234.

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

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

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

that HB99-1145, as amended, was laid over until Wednesday, March 24, retaining its

place on the calendar.

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Tebedo, 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:

HB99-1108, 99-1227 declared passed on Second Reading.

HB99-1274 as amended, 99-1229 as amended, 99-1033 as amended, 99-1117 as amended,

99-1228 as amended, declared passed on Second Reading.

SB99-205; HB99-1071, 99-1097, 99-1305, 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, 99-206; HB99-1189, 99-1159, 99-1294, 99-1180, 99- 1239, 99-1204, 99-1234, laid over until Wednesday, March 24, retaining their place on the

calendar.

HB99-1145 as amended, laid over until Wednesday, March 24, retaining its place on the

calendar.

COMMITTEE OF REFERENCE REPORT

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

Affairs postponed indefinitely: SB99-045

and Labor

Senate in recess.

Senate reconvened.


MESSAGE FROM THE HOUSE:

March 23, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1314.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1001, amended as printed in House Journal, March 22, pages 878-879;

HB99-1207, amended as printed in House Journal, March 22, page 879;

HB99-1280, amended as printed in House Journal, March 22, page 868;

HB99-1311, amended as printed in House Journal, March 22, pages 879-880;

HB99-1317, amended as printed in House Journal, March 22, page 874;

SB99-025, amended as printed in House Journal, March 22, pages 874-875, and on Third Reading as printed in House Journal March 23;

SB99-072, amended as printed in House Journal, March 22, page 876;

SB99-109, amended as printed in House Journal, March 22, page 875;

SB99-136, amended as printed in House Journal, March 22, page 875.

The House has passed on Third Reading and returns herewith SB99-028 and 063.

The House has voted to concur in the Senate amendments to HB99-1295 and has repassed the bill as so amended.

The House has voted not to concur in the Senate amendments to HB99-1269 and requests that a conference committee be appointed. The Speaker has appointed Representatives King, chairman, T. Williams, and Tapia as House conferees on the First Conference Committee on HB99-1269. The bill is transmitted herewith.

The House has adopted and returns herewith SJR99-021.

MESSAGE FROM THE REVISOR

March 23, 1999

We herewith transmit:

without comment, HB99-1314; and,

without comment, as amended, HB99-1001, 1207, 1280, 1311, 1317, SB99-025, 072, 109, and 136.

Tributes -- A Point of Interest

Honoring Gina Dutcher -- by Senator Thiebaut

Honoring Sharon Cushman -- by Senator Thiebaut

Honoring Dr. Thomas Alby -- by Senator Thiebaut

Honoring Bill Berry -- by Senator Thiebaut

Honoring Richard Walker -- by Senator Thiebaut

Honoring Martin Gonzales -- by Senator Thiebaut

Honoring Dr. and Mrs. Harvey Phelps -- by Senator Thiebaut

Memorializing Virginia Elizabeth Wiseman -- by Senator Thiebaut

Memorializing Jack Comaianni, Jr. -- by Senator Thiebaut

Memorializing Edwin K. McMartin -- by Senator Thiebaut

Memorializing Tony J. Beltramo -- by Senator Thiebaut

Memorializing Kenneth Loren Hall -- by Senator Thiebaut

Memorializing Tex Lovette -- by Senator Thiebaut

Memorializing Anthony D. Woodfork, Sr. -- by Senator Thiebaut

Memorializing William H. "Billy" Adams, Sr. -- by Senator Thiebaut

Memorializing Walter N. Crockenberg -- by Senator Thiebaut

Memorializing Elizabeth L. Malouff -- by Senator Thiebaut

Memorializing Alfonso "Red" Martinez, Sr. -- by Senator Thiebaut

Memorializing Janelle L. White -- by Senator Thiebaut

Memorializing William "Bill" Chandler -- by Senator Thiebaut

Memorializing Ellen "Nellie" Gallagher -- by Senators Thiebaut & Hernandez

Memorializing Elaine Watson -- by Senator Thiebaut

Memorializing Blanche A. Guagliardo -- by Senator Thiebaut

Memorializing Reeva Jean (Tootsie) Biondolillo -- by Senator Thiebaut

Memorializing Jan J. Taylor -- by Senator Thiebaut

Memorializing Mary Erjavec Karlinger -- by Senator Thiebaut

Memorializing Ovid G. "Spike" Anderson -- by Senator Thiebaut

Memorializing Frances Martinez -- by Senator Thiebaut

Memorializing Wanda Fiana Sisson -- by Senator Thiebaut

Memorializing Robert E. Thomas -- by Senator Thiebaut

Memorializing John Emmett Walsh -- by Senator Thiebaut

Memorializing John A. (Jerry) Giarratano -- by Senator Thiebaut

Memorializing Scott Joseph Elizondo -- by Senator Thiebaut

Memorializing George D. Holter -- by Senator Thiebaut

Memorializing Jon H. Giguere -- by Senator Thiebaut

Memorializing Ann Marie Galli -- by Senator Thiebaut

Memorializing Lillian Rosalie (Lil) Marroney -- by Senator Thiebaut

Memorializing Dr. Gary Joseph Smith, D.D.S., J.D. -- by Senator Thiebaut

Memorializing Frank E. White -- by Senator Thiebaut

Memorializing Peter J. Castellucci -- by Senator Thiebaut

Memorializing Eugene A. Stupnik -- by Senator Thiebaut

Memorializing Frank A. Croshal, Jr. -- by Senator Thiebaut

Memorializing Virginia Elizabeth Wiseman -- by Senator Thiebaut

Honoring Thatcher Bean -- by Senator Tebedo

Honoring the Colorado School for the Deaf and Blind -- by Senator Epps

Honoring Era Kuhne -- by Senator Epps

Honoring Nancy Stapp -- by Senator Congrove

Honoring Theodore Powell Oughton -- by Senator Congrove

Honoring Mariah Martin -- by Senator Reeves

Honoring Jared Haberman -- by Senator Hillman

Honoring Michael Neil -- by Senator Arnold

Honoring Christina Cooksey -- by Senator Arnold

Honoring Neal A. McQuaid -- by Senator Rupert

Memorializing Chris Kastrinos -- by Senator Chlouber

Honoring Dorothy Darrow -- by Senator Chlouber

Honoring Parkview Hospital -- by Senator Dennis

Honoring Cynthia Foster -- by Senator Linkhart

Honoring Rotary Club of Denver -- by Senator Linkhart

Honoring the Members of Denver Active 20/30 -- by Senator Linkhart

Honoring John Youngquist -- by Senator Linkhart




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

March 24, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate