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