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

79th Legislative Day Thursday, March 25, 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, 31.

Absent/Excused--Dyer, Lacy, Linkhart, Reeves--Total, 4.

Present later--Lacy, Linkhart, Reeves.

Quorum The President announced a quorum present.

Reading of On motion of Senator Anderson, reading of the Journal of March 24th was

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-215, 216; also SJR 22.

Services

Correctly enrolled: SB 99-57, 122, 172; also SJR 99-17, 18, 19.

MESSAGES FROM THE HOUSE:

March 24, 1999

Mr. President:

In response to the request of the Senate for a Second Conference Committee on HB99- 1134, the House has dissolved the First Conference Committee and the Speaker has appointed Representatives Larson, chairman, Young and Hagedorn as House conferees on the Second Conference Committee on HB99-1134. The bill is transmitted herewith.

The House has voted to concur in the Senate amendments to HB99-1105, 1188, 1265, 1324 and 1327 and has repassed the bills as so amended.

The House has voted not to concur in the Senate amendments to HB99-1160 and requests that a conference committee be appointed. The Speaker has appointed Representatives Fairbank, chairman, Kaufman, and Hagedorn as House conferees on the First Conference Committee on HB99-1160. The bill is transmitted herewith.


MESSAGES FROM THE GOVERNOR

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

ment Committees 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 have the honor to designate, appoint, reappoint and submit to your consideration, the following:

STATE AGRICULTURAL COMMISSION

for terms expiring March 1, 2003:

Daniel C. Webster of Greeley, Colorado, to serve as a Republican and an at-large member, appointed;

Robert A. Briggs, Jr., of Westminster, Colorado, to serve as a Republican from the First Agricultural District, appointed;

John T. Salazar, of Manassa, Colorado, to serve as a Democrat from the Third Agricultural District, appointed;

Penny H. Lewis of Kremmling, Colorado, to serve as a Republican from the Fourth Agricultural District, reappointed;

Steven D. Ela of Hotchkiss, Colorado, to serve as a Democrat from the Fourth Agricultural District, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/23/99

P. Dicks, Secretary

Committee on Agriculture, Natural Resources and Energy

_______________________________

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:

COLORADO WATER CONSERVATION BOARD

for terms expiring February 12, 2002:

The Honorable Lewis H. Entz of Hooper, Colorado, to serve as a representative of the Rio Grande drainage basin and as a Republican, appointed;

Harold E. Miskel of Colorado Springs, Colorado, to serve as a representative of the Arkansas drainage basin and as a Republican, appointed;

Donald W. Schwindt of Cortez, Colorado, to serve as a representative of the San Miguel-Dolores-San Juan drainage basins and as a Democrat, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/23/99

P. Dicks, Secretary

Committee on Agriculture, Natural Resources and Energy

SIGNING OF BILLS - RESOLUTIONS

The President has signed: SB99-57, 122, 172; also SJR 99-17, 18, 19.

The President has signed: HB99-1143.

The President has signed: HB99-1113.

The President has signed: HB99-1072 and 1215.


INTRODUCTION OF BILL--FIRST READING

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

SB 99-217 by Senator Anderson; also Representative Spradley--Concerning the authority of nonbank subsidiaries of bank holding companies to underwrite insurance in Colorado.

Business Affairs & Labor

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 99-1213 by Rep. Spradley; Senator Feeley--Extend Voluntary Clean­up Act

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

YES 32

NO 0

EXCUSED 3

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
E
Reeves
E
Wham
Y

Dyer
E
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: Chlouber, Epps, Hernandez, Matsunaka, Musgrave, Tebedo.

HB 99-1217 by Rep. Miller; Sen. Chlouber--Reciprocal Electrical Licensing

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

YES 33

NO 0

EXCUSED 2

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
E
Wham
Y

Dyer
E
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: Congrove, Epps, Hernandez, Nichol, Phillips, Rupert, Tebedo,

Wattenberg, Weddig.

HB 99-1176 by Rep. Spence; Senator Chlouber--Delegate Higher Ed Personnel Matters

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

YES 33

NO 0

EXCUSED 2

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
E
Wham
Y

Dyer
E
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.

HB 99-1082 by Rep. Takis; Senator Martinez--Notification Of Electors

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

YES 33

NO 0

EXCUSED 2

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
E
Wham
Y

Dyer
E
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.

HB 99-1318 by Rep. Hoppe; Senator Wattenberg--Agriculture Commissioner Member Of CWCB

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

YES 3

NO 29

EXCUSED 3

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
N

Andrews
N
Feeley
N
Nichol
N
Tebedo
Y

Arnold
N
Hernandez
N
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
N
Thiebaut
N

Chlouber
N
Lacy
N
Perlmutter
N
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
N
Weddig
N

Dennis
Y
Linkhart
*
Reeves
E
Wham
N

Dyer
E
Martinez
N
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
N
Sullivant
N

Less than a majority of all members elected to the Senate having voted in the affirmative, the bill was declared LOST.

Abstaining (*) from voting under Senate Rule 17(c)--Linkhart.


IMMEDIATE RECONSIDERATION OF HB99-1318

HB 99-1318 by Rep. Hoppe; Senator Wattenberg--Agriculture Commissioner Member Of CWCB

Having voted on the prevailing side, Senator Wattenberg moved for immediate

reconsideration of HB99-1318.

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

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 99-1318 by Rep. Hoppe; Senator Wattenberg--Agriculture Commissioner Member Of CWCB

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
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
E
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: Anderson, Arnold, Blickensderfer, Chlouber, Congrove, Epps, Evans,

Feeley, Hernandez, Hillman, Lacy, Linkhart, Martinez, Musgrave, Pascoe, Perlmutter,

Phillips, Powers, Tanner, Tebedo, Teck.

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORT

Judiciary After consideration on the merits, the committee recommends that HB99-1253 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 1, line 5, after "SECTION,", insert "VOLUNTARY";

strike line 6 and substitute "JUVENILE SHALL BE ADMISSIBLE INTO EVIDENCE EVEN IN THE".

MESSAGES FROM THE HOUSE:

March 24, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99- 1003.

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

HB99-1126, amended as printed in House Journal, March 23, pages 902-903;

HB99-1312, amended as printed in House Journal, March 23, pages 903-904;

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

SB99-052, amended as printed in House Journal, March 23, pages 904-906 and requests a conference committee be appointed. The Speaker has appointed Representatives King, chairman, Dean and Keller as House conferees on the First Conference Committee on SB99-052.

The House has passed on Third Reading and returns herewith SB99-129.

March 25, 1999

Mr. President

The House has passed on Third Reading and returns herewith SB99-012, 070, 140 and 201.

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

SB99-006, amended as printed in House Journal, March 24, page 916;

SB99-011, amended as printed in House Journal, March 24, page 917;

SB99-021, amended as printed in House Journal, March 24, page 927;

SB99-035, amended as printed in House Journal, March 24, page 928;

SB99-043, amended as printed in House Journal, March 24, page 927;

SB99-068, amended as printed in House Journal, March 24, page 918;

SB99-074, amended as printed in House Journal, March 24, page 918;

SB99-099, amended as printed in House Journal, March 24, pages 919-920;

SB99-106, amended as printed in House Journal, March 24, page 919;

SB99-137, amended as printed in House Journal, March 24, pages 927-928;

SB99-141, amended as printed in House Journal, March 24, pages 918-919;

SB99-143, amended as printed in House Journal, March 24, pages 916-917, and on Third Reading as printed in House Journal March 25;

SB99-170, amended as printed in House Journal, March 24, page 917;

SB99-174, amended as printed in House Journal, March 24, page 926.

In response to the request of the Senate, the Speaker has appointed Representatives Alexander, chairman, Berry, and Miller as House conferees on the First Conference Committee on SB99-044.

The House has voted to dissolve the Conference Committee on SB99-052.


March 25, 1999

Mr. President:

The House has postponed indefinitely SB99-030. The bill is returned herewith.

MESSAGE FROM THE REVISOR

We herewith transmit:

without comment, HB99-1003; and,

without comment, as amended, HB99-1126, 1312, SB99-006, 011, 021, 035, 043, 052, 068, 074, 099, 106, 137, 141, 143, 170, and 174.

INTRODUCTION OF BILLS--FIRST READING

The following bills were read by title and referred to the committees indicated:

HB 99-1003 by Representatives McElhany, Dean, Johnson, May, McKay, McPherson, Nunez, and Swenson; also Senator Arnold--Concerning the elimination of the state income tax marriage penalty.

Finance

Appropriations

HB 99-1126 by Representatives Kaufman, Alexander, Coleman, George, Gotlieb, Mace, Miller, Morrison, Plant, and Tate; also Senators Blickensderfer, Feeley, Chlouber, Dyer, Phillips, Reeves, and Wham--Concerning the promotion of cultural activities, and, in connection therewith, establishing the Colorado cultural trust fund to support cultural facilities and programs and establishing a credit against the state income tax for contributions to the Colorado cultural trust fund.

State, Veterans, & Military Affairs

Appropriations

HB 99-1312 by Representatives McElhany, Allen, Berry, Clapp, Dean, Decker, Fairbank, Hefley, Kaufman, Kester, King, Larson, Lawrence, Lee, May, McKay, McPherson, Mitchell, Nunez, Paschall, Pfiffner, Sinclair, Smith, Spence, Spradley, Stengel, Sullivant, Swenson, Taylor, Tool, Webster, T. Williams, Witwer, and Young; also Senators Owen, Anderson, Andrews, Arnold, Blickensderfer, Congrove, Epps, Grampsas, Hillman, Lacy, Lamborn, Musgrave, Tebedo, and Teck--Concerning the apprentice ratio for electricians.

State, Veterans, & Military Affairs

MESSAGE FROM THE GOVERNOR

March 24, 1999

To the Honorable

Colorado Senate

Sixty-second General Assembly

First Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

S.B. 99-002 - Concerning the Procedures for Striking a Signature From a Petition to Recall a Public Official Upon the Request of the Signer.

Approved March 24, 1999 at 3:19 p.m.

S.B. 99-010 - Concerning Persons Authorized to Perform Physical Examinations for Applicants to the Aid to the Needy Disabled Program.

Approved March 24, 1999 at 3:20 p.m.

S.B. 99-018 - Concerning a Reduction in Mandatory Funding for Art in Juvenile Correctional Facilities.

Approved March 24, 1999 at 3:22 p.m.

S.B. 99-027 - Concerning a Change in the Date on Which Precinct Caucuses Are Held.

Approved March 24, 1999 at 3:24 p.m.

S.B. 99-066 - Concerning the Continuation of the Division of Racing Events in the Department of Revenue.

Approved March 24, 1999 at 3:24 p.m.

S.B. 99-135 - Concerning the Repeal of the Advisory Committee to the Commissioner of Insurance on continuing Education Requirements for Certain Persons Licensed by the Division of Insurance.

Approved March 24, 1999 at 3:25 p.m.

S.B. 99-139 - Concerning the Termination of the Law-Related Education Advisory Board.

Approved March 24, 1999 at 3:26 p.m.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/25/99 10:32 a.m.

P. Dicks, Secretary


APPOINTMENTS BY THE PRESIDENT

March 24, 1999

Mr. Charles Brown

Executive Director

Legislative Council

State Capitol #029

Denver, Co. 80203

Dear Mr. Brown:

In accordance with Section 32-16-104, 105, C.R.S., and with the consent of the Senate

Minority Leader, I am pleased to appoint the following individual to serve on the Colorado

Intermountain Fixed Guideway Authority.

Thomas J. Overton

526 Dogwood Drive

Golden, CO 80401

Sincerely,

(Signed)

Ray Powers

_________________________________

March 24, 1999

Mr. Charles Brown

Executive Director

Legislative Council

State Capitol #029

Denver, Co. 80203

Dear Mr. Brown:

In accordance with Section 24-18-113, C.R.S., and with the consent of the Senate

Minority Leader, I am pleased to appoint the following Senator to the General Assembly Board of Ethics:

Senator Dorothy Rupert

970 Aurora Avenue, #F-106

Boulder, CO 80302

Sincerely,

(Signed)

Ray Powers

______________________________

March 24, 1999

Mr. Charles Brown

Executive Director

Legislative Council

State Capitol #029

Denver, Co. 80203

Dear Mr. Brown:

I am pleased to appoint, with the consent of the Senate Minority Leader, the following

Senator to serve as a member of the Special Water Committee to fill the vacancy

created by the retirement of Senator Joan Johnson.

Senator Terry Phillips

579 Manorwood Lane

Louisville, Co 80227

Sincerely,

(Signed)

Ray Powers

_________________________________

March 24, 1999

Ms. Marva Livingston Hammons

Executive Director

Department of Human Services

1575 Sherman Street, 8th floor

Denver, CO 80203

Dear Ms. Hammons:

In accordance with Section 26-18-103, C.R.S., and with the consent of the Senate

Minority Leader, I am pleased to appoint the following Senator to the State Council on

Family Development Centers:

Senator Dorothy Rupert

970 Aurora Avenue, #F-106

Boulder, CO 80302

Sincerely,

(Signed)

Ray Powers

TRIBUTES -- A POINT OF INTEREST

Honoring Dean Preston -- by Senator Dennis

On motion of Senator Blickensderfer, the Senate adjourned until 8:30 a.m., Friday,

March 26, 1999.

Approved:


Ray Powers

President of the Senate


Attest:

Patricia K. Dicks

Secretary of the Senate