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

84th Legislative Day Tuesday, March 30, 1999


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

Order

Prayer By the chaplain, Rev. Glen Hamlyn, Rocky Mountain Cathedral.

Roll Call Present--Total, 33.

Absent/Excused--Andrews, Lacy--Total, 2.

Present later--Andrews.

Quorum The President announced a quorum present.

Reading of On motion of Senator Chlouber, reading of the Journal of March 29th was

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-218, 219.

Services

Correctly enrolled: SB 99-136.

Correctly revised: HB 99-1082, 1127, 1176, 1213, 1214, 1217, 1225, 1318.

To the Governor for signature on Monday, March 29, 1999, at 3:45 pm:

SB 99-28, 63, 69.



MESSAGE FROM THE GOVERNOR

Appoint- A letter of designation and appointment from Governor Owens was read and assigned to

ment Committee as follows:



March 23, 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:

STATE BOARD OF AGRICULTURE

for terms expiring the third Wednesday of January, 2003:

Donald A. Hamstra of Brighton, Colorado;

Jeff Shoemaker of Denver, Colorado.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/24/99

P. Dicks, Secretary

Committee on Agriculture, Natural Resources and Energy

Committee on Education

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 99-1127 by Rep. Gotlieb; Senator Powers--Credit Card Payments To Govt Entities

Laid over until Wednesday, March 31, retaining its place on the calendar.

HB 99-1225 by Rep. Leyba; Sen. Wattenberg--Primary Election Candidate Designation

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

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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: Dyer, Linkhart, Nichol.

HB 99-1214 by Rep. Lawrence; Senator Wham--Statewide Trauma Care System

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

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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: Dennis, Hernandez, Phillips, Reeves, Rupert, Tanner.



______________________________

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 House amendments to Senate bills.

______________________________


CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS

SB 99-168 by Sen. Martinez; Rep. Tate--Colorado Employment Discrimination Laws

Senator Martinez moved that the Senate concur in House amendments to SB99-168, as

printed in House Journal, March 12, pages 764-765. The motion was adopted by the

following roll call vote:

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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


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

YES 18


NO 16


EXCUSED 0


ABSENT 1


Anderson

N

Evans

N

Musgrave

N

Tanner

Y

Andrews

N

Feeley

Y

Nichol

Y

Tebedo

N

Arnold

N

Hernandez

Y

Owen

N

Teck

N

Blickensderfer

N

Hillman

N

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

A

Perlmutter

Y

Wattenberg

Y

Congrove

N

Lamborn

N

Phillips

Y

Weddig

Y

Dennis

N

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

N

Epps

N

Matsunaka

Y

Sullivant

N


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

as amended, was declared REPASSED.

Co-sponsor added: Weddig.

SB 99-025 by Sen. Reeves; Rep. S. Johnson--Elections Code Time Requirements

Senator Reeves moved that the Senate not concur in House amendments to SB99-025, as

printed in House Journal, March 22, pages 874-875 and on Third Reading, March 23,

pages 886-887, and that a Conference Committee be appointed.

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

Senator Reeves moved that the Senate Conferees on the First Conference Committee on

SB99-025 be given the powers to go beyond the scope of the differences between the two

Houses.

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

SB 99-072 by Sen. Nichol; Rep. Kaufman--Access To Ballot By Petition

Senator Nichol moved that the Senate not concur in House amendments to SB99-072, as

printed in House Journal, March 22, page 876, and that a Conference Committee be appointed.

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

The President appointed Senators Tebedo, Chair, Lamborn and Nichol as Senate

Conferees on the First Conference Committee on SB99-072.

SB 99-109 by Sen. Teck; Rep. McElhany--Real Estate Brokerage Relationships

Senator Teck moved that the Senate concur in House amendments to SB99-109, as

printed in House Journal, March 22 page 875. The motion was adopted by the

following roll call vote:

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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


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

YES 33


NO 1


EXCUSED 0


ABSENT 1


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

N

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

A

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,

as amended, was declared REPASSED.

SB 99-006 by Sen. Wham; Rep. Tool--Payments Allowing Return To Home

Laid over until Monday, April 5, retaining its place on the calendar.

SB 99-011 by Sen. Matsunaka; Rep.Kaufman--Affordable Housing Spec Dist Fee Waiver

Senator Matsunaka moved that the Senate not concur in House amendments to SB99-011, as printed in House Journal, March 24, page 917, and that a Conference Committee be appointed.

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

SB 99-021 by Sen. Linkhart; Rep. Hagedorn--County Duty To Adopt Policies

Senator Linkhart moved that the Senate concur in House amendments to SB99-021, as

printed in House Journal, March 24 page 927. The motion was adopted by the

following roll call vote:

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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


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

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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,

as amended, was declared REPASSED.

Co-sponsors added: Hernandez, Rupert.

SB 99-035 by Sen. Powers; Rep. Taylor--Inspection Of Manufactured Units

Laid over until Wednesday, March 31, retaining its place on the calendar.

SB 99-043 by Sen. Chlouber; Rep. Miller--Protect Farms Against Nuisance Suits

Senator Chlouber moved that the Senate concur in House amendments to SB99-043, as

printed in House Journal, March 24 page 927. The motion was adopted by the

following roll call vote:

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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


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

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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,

as amended, was declared REPASSED.

Co-sponsor added: Owen.

SB 99-052 by Sen. Congrove; Rep. King--Charter School Revisions

Laid over until Wednesday, March 31, retaining its place on the calendar.

SB 99-068 by Sen. Hernandez; Rep. Lee--Enforcing Return Of Textbooks

Senator Hernandez moved that the Senate concur in House amendments to SB99-068, as

printed in House Journal, March 24 page 918. The motion was adopted by the

following roll call vote:

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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


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

YES 33


NO 1


EXCUSED 0


ABSENT 1


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

A

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,

as amended, was declared REPASSED.

Co-sponsors added: Pascoe, Weddig.

SB 99-099 by Sen. Anderson; Rep. Taylor--Real Estate Division And Commission

Laid over until Monday, April 5, retaining its place on the calendar.

SB 99-137 by Sen. Evans; Rep. Alexander--Authority Over Animals In Shelters

Laid over until Wednesday, March 31, retaining its place on the calendar.

SB 99-141 by Sen. Pascoe; Rep. Tochtrop--Referrals To Specialists & 2nd Opinions

Senator Pascoe moved that the Senate concur in House amendments to SB99-141, as

printed in House Journal, March 24 pages 918-919. The motion was adopted by the

following roll call vote:

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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


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

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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,

as amended, was declared REPASSED.

Co-sponsor added: Epps.


SB 99-143 by Sen. Perlmutter; Rep. Kaufman--Consumer Protection Act

Laid over until Wednesday, March 31, retaining its place on the calendar.


SB 99-170 by Sen. Phillips; Rep. Kaufman--Citizen Fin Protection For Y2K Problems

Senator Phillips moved that the Senate concur in House amendments to SB99-170, as

printed in House Journal, March 24 page 917. The motion was adopted by the

following roll call vote:

YES 33


NO 1


EXCUSED 0


ABSENT 1


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

N

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

A

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


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

YES 33


NO 1


EXCUSED 0


ABSENT 1


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

N

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

A

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,

as amended, was declared REPASSED.

Co-sponsors added: Blickensderfer, Linkhart, Nichol, Pascoe, Weddig.

SB 99-174 by Sen. Grampsas, Teck; also Representative Allen--Repeal Sale Of ID Photos

Senator Teck moved that the Senate concur in House amendments to SB99-174, as

printed in House Journal, March 24 page 926. The motion was adopted by the

following roll call vote:

YES 33


NO 1


EXCUSED 0


ABSENT 1


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

N

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

A

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


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

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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,

as amended, was declared REPASSED.

Co-sponsor added: Linkhart.

SB 99-142 by Sen. Evans; Rep. Mitchell--Nursing Home Administrators Board

Laid over until Wednesday, March 31, retaining its place on the calendar.


SB 99-155 by Sen. Blickensderfer; Rep. McPherson--Labor Lockout Unemployment Benefits

Laid over until Wednesday, March 31, retaining its place on the calendar.


SB 99-041 by Sen. Dyer; Rep. Swenson--Bicycle Traffic Regulations

(Senate concurred with House amendments to SB99-041 , as printed in House Journal, March 5, page 698, but laid over consideration of re-adoption of the bill as amended.

Action printed in Senate Journal, March 12, page 481.)


Senator Dyer moved that the Senate re-adopt SB99-041, as amended. The roll was

called with the following result:

YES 16


NO 18


EXCUSED 0


ABSENT 1


Anderson

Y

Evans

N

Musgrave

Y

Tanner

Y

Andrews

N

Feeley

Y

Nichol

N

Tebedo

N

Arnold

N

Hernandez

N

Owen

N

Teck

N

Blickensderfer

N

Hillman

N

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

A

Perlmutter

N

Wattenberg

N

Congrove

N

Lamborn

N

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

N

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

N

Epps

N

Matsunaka

Y

Sullivant

N


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

NOTICE OF INTENT TO MOVE FOR RECONSIDERATION

Having voted on the prevailing side, Senator Perlmutter gave notice of intent to move for

the reconsideration of SB99-041, as amended.

CONSIDERATION OF AMENDMENTS TO SENATE BILLS--CONTINUED

SB 99-074 by Sen. Powers; Rep. McElhany--Child Care Check Off Extension

Senator Powers moved that the Senate concur in House amendments to SB99-074, as

printed in House Journal, March 24 page 918. The motion was adopted by the

following roll call vote:

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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


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

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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,

as amended, was declared REPASSED.

SB 99-106 by Sen. Phillips; Rep. Gotlieb--Prohibit Hazing

Senator Phillips moved that the Senate concur in House amendments to SB99-106, as

printed in House Journal, March 24 page 919. The motion was adopted by the

following roll call vote:

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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


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

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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,

as amended, was declared REPASSED.

Co-sponsors added: Linkhart, Matsunaka, Pascoe.

APPOINTMENTS TO CONFERENCE COMMITTEES

SB 99-025 by Sen. Reeves; Rep. S. Johnson--Elections Code Time Requirements

The President appointed Senators Dennis, Chair, Hillman and Reeves as Senate Conferees on the First Conference Committee on SB99-025.

SB 99-011 by Sen. Matsunaka; Rep.Kaufman--Affordable Housing Spec Dist Fee Waiver

The President appointed Senators Anderson, Chair, Dennis and Matsunaka as Senate

Conferees on the First Conference Committee on SB99-011.



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

of the for consideration of General Orders and Senator Owen 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 99-1145 by Rep. Taylor; Senator Anderson--Local Plumbing Inspection & Permitting

Laid over until Wednesday, March 31, retaining its place on the calendar.

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

Amendment No. 1, by Senator Pascoe

Amend reengrossed bill, page 4, after line 23, insert the following:

"(IV)  THE WINNER OF THE ELECTION SHALL BE DETERMINED BY A VOTE OF THE HOUSE IN WHICH THE WINNER WILL SIT.".


Amendment No. 2, by Senator Blickensderfer

Amend reengrossed bill, page 5, strike lines 9 and 10 and substitute the following:

"SHALL CERTIFY QUESTIONS PURSUANT TO SECTION 1­11­208.5 TO THE DIVISION OF ADMINISTRATIVE HEARINGS FOR REFERRAL TO AN ADMINISTRATIVE LAW JUDGE WHO IS SUBJECT TO EMPLOYMENT UNDER SECTION 1­45­111.";

line 14, strike "district court." and substitute "administrative law judge.";

strike lines 17 and 18 and substitute the following:

"QUESTIONS TO THE DIVISION OF ADMINISTRATIVE HEARINGS FOR REFERRAL TO AN ADMINISTRATIVE LAW JUDGE WHO IS SUBJECT TO EMPLOYMENT UNDER SECTION 1­45­111. SUCH QUESTIONS SHALL RELATE";

line 26, strike "DISTRICT COURT" and substitute "ADMINISTRATIVE LAW JUDGE".

Page 6, line 4, strike "DISTRICT COURT" and substitute "ADMINISTRATIVE LAW JUDGE";

line 9, strike "court" and substitute "ADMINISTRATIVE LAW JUDGE";

line 15, strike "A DISTRICT COURT" and substitute "AN ADMINISTRATIVE LAW JUDGE";

strike lines 17 through 22 and substitute the following:

"(5)  THE ADMINISTRATIVE LAW JUDGE SHALL HOLD A HEARING WITHIN TWENTY DAYS AFTER THE DATE THAT QUESTIONS WERE CERTIFIED TO THE ADMINISTRATIVE LAW JUDGE PURSUANT TO SUBSECTION (1) OF THIS SECTION. THE ADMINISTRATIVE LAW JUDGE'S FINDINGS OF FACT AND RECOMMENDATIONS SHALL BE COMPLETED NOT MORE THAN TEN DAYS AFTER THE DATE OF THE HEARING. SUCH FINDINGS OF FACT AND RECOMMENDATIONS SHALL TAKE PRECEDENCE OVER ALL OTHER BUSINESS OF THE ADMINISTRATIVE LAW JUDGE.";

line 23, strike "DISTRICT COURT" and substitute "ADMINISTRATIVE LAW JUDGE".

Page 7, line 2, strike "COURT" and substitute "ADMINISTRATIVE LAW JUDGE";

line 6, strike "DISTRICT COURT" and substitute "ADMINISTRATIVE LAW JUDGE";

line 11, strike "COURT" and substitute "ADMINISTRATIVE LAW JUDGE";

line 16, strike "DISTRICT COURT" and substitute "ADMINISTRATIVE LAW JUDGE";

line 19, strike "DISTRICT COURT'S" and substitute "ADMINISTRATIVE LAW JUDGE'S".

Page 8, line 3, strike "DISTRICT COURT;" and substitute "ADMINISTRATIVE LAW JUDGE;".

Page 9, line 14, strike "A DISTRICT COURT" and substitute "AN ADMINISTRATIVE LAW JUDGE".

As amended, 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

Ordered engrossed and placed on the calendar for Third Reading and Final Passage. (For

further action, see page 627 and 628 where the Lamborn amendment to the Report of the

Committee of the Whole was adopted.)

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

(Amended in General Orders as printed in Senate Journal, March 24, page 568.)

Amendment No. 1, by Senator Blickensderfer

Amend the committee amendment, as printed in Senate Journal, March 5, page 424, strike lines 16 through 20 and substitute the following:

"Amend reengrossed bill, page 2, line 5, after the period, add "THE NON­PROFIT ORGANIZATION, NON­PROFIT CORPORATION, OR HOSPITAL FOR WHICH THE PHYSICIAN VOLUNTEERS SHALL ANNUALLY VERIFY THAT THE PHYSICIAN HOLDS AN UNRESTRICTED COLORADO LICENSE TO PRACTICE MEDICINE."";

line 26, strike "A";

line 27, strike "SEPARATE";

strike lines 28 through 30, and substitute the following:

"AFTER DISCLOSURE THAT THE PATIENT'S RIGHT TO SUE THE VOLUNTEER PHYSICIAN WILL BE SUBJECT TO THE LIMITATIONS OF THIS SECTION.";".

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

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

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

Senator Lamborn moved to amend the Report of the Committee of the Whole to show that the following Teck amendment, made to SB99-205, did pass:

Call of Call of Senate.

Senate

Call Raised.

Amend printed bill, page 1, line 7, after "declaration.", insert "(1)".

Page 2, after line 3, insert the following:

"(2)  THE GENERAL ASSEMBLY HEREBY FINDS THAT:

(a)  THE CITIZENS OF COLORADO ENJOY THE RIGHT TO KEEP AND BEAR ARMS IN DEFENSE OF HOME, PERSON, AND PROPERTY, AS RECOGNIZED BY SECTION 13 OF ARTICLE II OF THE STATE CONSTITUTION AND THE SECOND AMENDMENT OF THE UNITED STATES CONSTITUTION;

(b)  ANY SUIT BROUGHT AGAINST A FIREARMS OR AMMUNITION MANUFACTURER OR DEALER OR AGAINST ANY FIREARMS TRADE ASSOCIATION FOR DAMAGES, ABATEMENT, OR INJUNCTIVE RELIEF RESULTING FROM OR RELATING TO THE LAWFUL DESIGN, MANUFACTURE, MARKETING, OR SALE OF FIREARMS OR AMMUNITION TO THE PUBLIC COULD HAVE THE EFFECT OF LIMITING THE AVAILABILITY OF FIREARMS AND AMMUNITION, EITHER BY REDUCING THE EXTENT TO WHICH SUCH FIREARMS AND AMMUNITION ARE MANUFACTURED AND MARKETED OR BY INCREASING THE COST OF SUCH FIREARMS AND AMMUNITION TO THE EXTENT THAT THE AVERAGE CITIZEN IS UNABLE TO AFFORD THEM;

(c)  SUCH LIMITATION OF THE AVAILABILITY OF FIREARMS AND AMMUNITION COULD HAVE A CHILLING EFFECT ON CITIZENS' ABILITY TO EXERCISE THEIR RIGHT TO KEEP AND BEAR ARMS;

(d)  THE EFFECTS OF SUCH LIMITATION WOULD NOT BE RESTRICTED TO ONE MUNICIPALITY OR COUNTY OR CITY AND COUNTY, BUT WOULD AFFECT CITIZENS THROUGHOUT THE STATE;

(e)  AS SUCH, THE DECISION OF WHETHER TO SUE A FIREARMS OR AMMUNITION MANUFACTURER OR DEALER OR A FIREARMS TRADE ASSOCIATION FOR DAMAGES, ABATEMENT, OR INJUNCTIVE RELIEF RESULTING FROM OR RELATING TO THE LAWFUL DESIGN, MANUFACTURE, MARKETING, OR SALE OF FIREARMS OR AMMUNITION TO THE PUBLIC IS A MATTER OF STATEWIDE CONCERN THAT MUST BE RESERVED TO THE STATE IN ORDER TO PROTECT THE RIGHTS OF CITIZENS THROUGHOUT THE STATE.".


The motion was adopted by the following roll call vote:

YES 18


NO 16


EXCUSED 0


ABSENT 1


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

A

Perlmutter

N

Wattenberg

Y

Congrove

Y

Lamborn

Y

Phillips

N

Weddig

N

Dennis

Y

Linkhart

N

Reeves

N

Wham

N

Dyer

N

Martinez

N

Rupert

N

Mr. President

Y

Epps

Y

Matsunaka

N

Sullivant

Y


ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Owen, 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:

HB99-1097 as amended, SB99-205 as amended, HB99-1071 as amended, declared

passed on Second Reading.

HB99-1145 laid over until Wednesday, March 31, 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 Senate proceeded out of order for Consideration of House Adherence.

______________________________

CONSIDERATION OF HOUSE ADHERENCE

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

Senator Hillman moved that the Senate recede from its position on HB99-1033.

The motion was adopted by the following roll call vote:

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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


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

YES 32


NO 2


EXCUSED 0


ABSENT 1


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

N

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

A

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

N


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

was declared REPASSED.


______________________________

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 Conference Committee Reports.

______________________________


CONSIDERATION OF CONFERENCE COMMITTEE REPORTS

HB 99-1134 by Rep. Hagedorn; Senator Wattenberg--Underground Conv Of Public Utilities

Senator Wattenberg moved for the adoption of the First Report of the Second Conference

Committee on HB99-1134, printed in Senate Journal, March 29, pages 607-608. The

motion was adopted by the following roll call vote:

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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


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

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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,

as amended, was declared REPASSED.

Co-sponsor added: Phillips.

HB 99-1269 by Rep. King; Senator Owen --Reduce Comp Benefits False Statements

Senator Owen moved for the adoption of the First Report of the First Conference

Committee on HB99-1269, printed in Senate Journal, March 29, page 608. The motion

was adopted by the following roll call vote:

YES 34


NO 0


EXCUSED 0


ABSENT 1


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

A

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


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

YES 33


NO 0


EXCUSED 1


ABSENT 1


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

A

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

*

Sullivant

Y


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

as amended, was declared REPASSED.

Abstaining (*) from voting under Senate Rule 17(c)--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 99-012 by Senators Owen, Anderson, Arnold, Blickensderfer, Chlouber, Congrove, Epps, Evans, Hillman, Lacy, Lamborn, Musgrave, Powers, Tebedo, Teck, Wattenberg, Andrews, and Dennis; also Representatives McElhany, Alexander, Allen, Berry, Clapp, Dean, Decker, Fairbank, George, Hefley, Hoppe, Johnson, Kaufman, Kester, King, Larson, Lawrence, Lee, May, McKay, McPherson, Mitchell, Morrison, Nunez, Paschall, Pfiffner, Sinclair, Smith, Spence, Spradley, Stengel, Sullivant, Swenson, Taylor, Tool, Webster, T. Williams, Witwer, and Young--Concerning the census bureau's use of statistical sampling for the decennial census in the year 2000.

Laid over until Wednesday, March 31, retaining its place on the calendar.

HJR 99-1015 by Representatives Scott, Mitchell, Paschall, Clapp, Fairbank, George, Lee, Pfiffner, Smith, and Witwer; also Senators Congrove and Arnold--Concerning the removal of Rocky Flats nuclear waste.

(Printed in House Journal, March 19, pages 864-865.)

On motion of Senator Congrove, the resolution was adopted by the following roll call

vote:

YES 33


NO 1


EXCUSED 0


ABSENT 1


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

A

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

Y

Sullivant

Y


Co-sponsors added: Anderson, Chlouber, Hillman, Musgrave, Nichol, Perlmutter, Powers,

Tebedo.

SJR 99-023 by Senators Andrews, Evans, and Lamborn; also Representatives Clapp, Nunez, and Spence--Concerning an independent peer review of the federal national weather service probable maximum precipitation study used by the United States Army Corps of Engineers in their redesign study relating to the Cherry Creek Dam.

On motion of Senator Andrews, the resolution was adopted by the following roll call

vote:

YES 31


NO 3


EXCUSED 0


ABSENT 1


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

N

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

N

Thiebaut

Y

Chlouber

Y

Lacy

A

Perlmutter

Y

Wattenberg

Y

Congrove

Y

Lamborn

Y

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

N

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


Co-sponsors added: Arnold, Blickensderfer, Congrove, Hillman, Musgrave, Tebedo.

COMMITTEE OF REFERENCE REPORTS

Approp- After consideration on the merits, the committee recommends that SB99-061 be

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

Amend printed bill, page 9, after line 23, insert the following:

"SECTION 7. No appropriation. The general assembly has determined that sections 3 through 6 of this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of sections 3 through 6 of this act.

SECTION 8.  Future appropriations ­ legislative intent.  (1) Although no appropriation is included in this act for the fiscal year beginning July 1, 1999, it appears that sections 1 and 2 of this act will require appropriations from the general fund for subsequent fiscal years, and the amount required to be appropriated for the fiscal year beginning July 1, 2000, is estimated to be two hundred seventy­three thousand four hundred twenty­seven dollars ($273,427) and 3.8 FTE.

(2) It is the intent of the general assembly that the general fund appropriation for the implementation of this act shall be derived from savings generated from implementation of the provisions of HB99­1168, as enacted during the first regular session of the sixty­second general assembly.

SECTION 8.  Effective date. (1)  Sections 3 through 6 of this act shall take effect upon passage. Sections 1 and 2 of this act shall take effect July 1, 2000; except that sections 1 and 2 of this act shall only take effect if:

(a) Section 42­2­206, Colorado Revised Statutes, is amended in House Bill 99­1168 to change the penalty for driving with a revoked license from a class 6 felony to a class 1 misdemeanor and the final fiscal note for such bill shows prison bed savings and operating costs savings that are equal to or greater than the general fund appropriation shown in the final fiscal note for this act; and

(b) House Bill 99­1168 is enacted and becomes law.".

Renumber succeeding section accordingly.

Approp- After consideration on the merits, the committee recommends that SB99-083 be

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

Amend the committee amendment, as printed in Senate Journal, January 28, page 129, after line 58, insert the following:

"Page 13, line 9, strike "FIFTY" and substitute "NINETY­SIX".".

Page 130, strike lines 30 through 33, and substitute the following:

"Page 15, strike lines 8 and 9, and substitute the following:

"COMMENSURATE WITH THE TOTAL PROJECTED COSTS OF THE DEPARTMENT OF REGULATORY AGENCIES IN CONDUCTING EXAMINATIONS OF A DEPOSITORY AND OF THE DEPARTMENT OF REVENUE IN CARRYING OUT AUDITS PURSUANT TO SECTION 11­37.5­404. THE PROCEEDS OF THE FEE SHALL BE".".

Page 132, after line 14, insert the following:

"Page 58, after line 24, insert the following:

"SECTION 2. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of moneys in the foreign capital depository cash fund not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 1999, the sum of forty thousand one hundred thirty-eight dollars ($40,138) and 1.0 FTE, or so much thereof as may be necessary, for the implementation of this act.

(2) In addition to any other appropriation, there is hereby appropriated, out of moneys in the foreign capital depository cash fund not otherwise appropriated, to the department of regulatory agencies, the sum of fifty-five thousand nine hundred eighty-eight dollars ($55,988), or so much thereof as may be necessary, for the implementation of this act. Of said sum, five thousand eight hundred ninety-three dollars ($5,893) shall be allocated to the executive director's office, for legal services, for the fiscal year beginning July 1, 1999. Of said sum, fifty thousand ninety-five dollars ($50,095) and 0.5 FTE shall be allocated to the division of banking.

(3) In addition to any other appropriation, there is hereby appropriated to the department of law, for the fiscal year beginning July 1, 1999, the sum of five thousand eight hundred ninety-three dollars ($5,893), or so much thereof as may be necessary, for the provision of legal services to the department of regulatory agencies related to the implementation of this act. Said sum shall be from cash funds exempt received from the department of regulatory agencies, division of banking, out of the appropriation made in subsection (2) of this section.".

Renumber the succeeding section accordingly.

Page 1, line 102, strike "COLORADO." and substitute "COLORADO, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".".

Approp- After consideration on the merits, the committee recommends that SB99-096 be

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

Amend printed bill, page 6, strike lines 2 through 7 and substitute the following:

"SECTION 3. Section 24-75-302(l) is amended to read:

24-75-302. Capital construction fund - capital assessment fees - calculation. (2) As of July 1, 1988, and July 1 of each year thereafter through July 1, 2002, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24-75-201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:

(l) On July 1, 1999, one hundred million dollars, plus three hundred twenty-three thousand nine hundred ninety-eight dollars pursuant to H.B. 97-1186, enacted at the first regular session of the sixty-first general assembly; plus three thousand eight hundred forty dollars pursuant to S.B. 98-021, enacted at the second regular session of the sixty-first general assembly; PLUS SIXTY NINE THOUSAND FOUR HUNDRED SIXTY-SEVEN DOLLARS PURSUANT TO S.B. 99-096, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY;

SECTION 4. Article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17-1-125. Appropriation to comply with section 2-2-703. (1) PURSUANT TO SECTION 2-2-703, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT SB 99-096, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY:

(a) FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S., TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17-1-116, THE SUM OF SIXTY NINE THOUSAND FOUR HUNDRED SIXTY-SEVEN DOLLARS ($69,467).

(b) FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, OUT OF MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF TWENTY FOUR THOUSAND ONE HUNDRED FIVE DOLLARS ($24,105).

(c) FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, OUT OF MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF TWENTY FOUR THOUSAND ONE HUNDRED FIVE DOLLARS ($24,105).

(d) FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, OUT OF MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF TWENTY FOUR THOUSAND ONE HUNDRED FIVE DOLLARS ($24,105).

(e) FOR THE FISCAL YEAR BEGINNING JULY 1, 2003, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, OUT OF MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF TWENTY FOUR THOUSAND ONE HUNDRED FIVE DOLLARS ($24,105).".

Renumber succeeding sections accordingly.

Page 1, line 101, strike "MUTILATION." and substitute "MUTILATION, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

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

riations postponed indefinitely: SB99-095

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

riations postponed indefinitely: SB99-171


MESSAGE FROM THE HOUSE:

March 30, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1164.

MESSAGE FROM THE REVISOR

March 30, 1999

We herewith transmit:

without comment, HB99-1164.


Senate in recess.

Senate reconvened.


INTRODUCTION OF BILL--FIRST READING

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

HB 99-1164 by Representative Dean; also Senator Lacy--Concerning the creation of incentives to prevent receipt by inmates of illegal payments under public programs.

State, Veterans, & Military Affairs

Appropriations



SIGNING OF BILL - RESOLUTIONS

The President has signed: HB99-1176; also HJR99-1014 and 1017.


MESSAGES FROM THE GOVERNOR

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

ments Committee as follows:

March 25, 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 for your consideration, the following:

TRANSPORTATION COMMISSION

for a term expiring July 1, 2001:

Joseph B. Blake of Denver, Colorado, to serve as a member from Transportation District 1 and to fill a vacancy occasioned by the resignation of Robert E. Botts, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/25/99

P. Dicks, Secretary

Committee on Transportation

_____________________________________

May 7, 1998

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:

BOARD OF TRUSTEES OF THE

STATE COLLEGES IN COLORADO

for terms expiring July 1, 2001:

Alan B. Salazar of Thornton, Colorado, reappointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 5/13/98

P. Dicks, Assistant Secretary

________________________________________



March 25, 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 withdraw the following:

MEMBER OF THE

BOARD OF TRUSTEES OF THE

STATE COLLEGES IN COLORADO

effective March 25, 1999:

Alan B. Salazar of Thornton, Colorado.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/25/99

P. Dicks, Secretary

________________________________________

March 25, 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:

BOARD OF TRUSTEES OF THE

STATE COLLEGES IN COLORADO

for a term expiring July 1, 2001:

William T. Martin of Colorado Springs, Colorado, appointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/25/99

P. Dicks, Secretary

Committee on Education

____________________________________

May 22, 1998

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:

AIR QUALITY

CONTROL COMMISSION

for terms expiring January 31, 2001;

Robert E. Brady, Jr., of Lakewood, Colorado, to serve as a member with industrial training and experience and as a Democrat, reappointed;

Stephanie Foote of Denver, Colorado, to serve as a member with technical training and experience and as a Democrat, reappointed;

Julie G. Orton of Steamboat Springs, Colorado, to serve as a representative of the public sector and as a Democrat, appointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 6/11/98

P. Dicks, Assistant Secretary

____________________________________

March 24, 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 withdraw the following:

MEMBER

OF THE

AIR QUALITY CONTROL COMMISSION

effective March 24, 1999:

Julie G. Orton of Steamboat Springs, Colorado.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/25/99

P. Dicks, Secretary

______________________________________

March 24, 1999

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

I intend to continue the appointments of the following individuals as Members of the Air Quality Control Commission:

Robert E. Brady, Jr., of Lakewood, Colorado, to serve as a member with industrial training and experience, and as a Republican;

Stephanie Foote of Denver, Colorado, to serve as a member with technical training and experience, and as a Republican.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/25/99

P. Dicks, Secretary

Committee on Health, Environment, Welfare and Institutions

______________________________________

March 24, 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:

AIR QUALITY

CONTROL COMMISSION

for a term expiring January 31, 2000:

Douglas R. Lawson of Littleton, Colorado, to serve as a representative with scientific training and experience and as a Republican, appointed;

for a term expiring January 31, 2001:

David A. Jensen of Littleton, Colorado, to serve as a representative of the public sector and as a Republican, appointed;

for terms expiring January 31, 2002:

Robert H. Lowdermilk of Denver, Colorado, to serve as a representative with industrial training and experience and as a Republican, appointed;

Doug N. Blewitt of Englewood, Colorado, to serve as a representative with technical and industrial training and experience and as an Unaffiliated, appointed;

Cynthia S. Peterson of Littleton, Colorado, to serve as a representative with technical training and experience and as a Democrat, reappointed.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 3/25/99

P. Dicks, Secretary

Committee on Health, Environment, Welfare and Institutions

On motion of Senator Epps, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Tuesday, March 30, was laid over until Wednesday, March 31, retaining its place on the calendar.

______________________________


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

March 31, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate