SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

85th Legislative Day Wednesday, March 31, 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, 34.

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

Present later--Thiebaut.

Quorum The President announced a quorum present.

Reading of On motion of Senator Andrews, reading of the Journal of March 30th was

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

SENATE SERVICES REPORT

Senate Correctly engrossed: SB 99-205.

Services

Correctly revised: HB 99-1071, 1097.

SIGNING OF BILLS

The President has signed: SB99-136.

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 Thursday, April 1, retaining its place on the calendar.

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

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

YES 33

NO 2

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
N
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
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.

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

Call of Call of Senate.

Senate

Call Raised.

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

YES 21

NO 14

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
N

Dyer
Y
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Andrews, Chlouber, Congrove, Epps, Hillman, Lacy, Lamborn,

Musgrave, Owen, Tebedo.

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

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

YES 33

NO 2

EXCUSED 0

ABSENT 0

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
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
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, Congrove, Musgrave, Nichol, Reeves, Teck, Wattenberg,

Weddig.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

RECONSIDERATION OF THE ADOPTION OF THE REPORT OF THE

COMMITTEE OF THE WHOLE

Having voted on the prevailing side, Senator Thiebaut moved for reconsideration of the adoption of the Report of the Committee of the Whole as printed in Senate Journal,

March 29, page 613.

Reconsideration was denied by the following roll call vote:

YES 0

NO 35

EXCUSED 0

ABSENT 0

Anderson
NY
Evans
N
Musgrave
N
Tanner
N

Andrews
N
Feeley
N
Nichol
N
Tebedo
N

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
N
Linkhart
N
Reeves
N
Wham
N

Dyer
N
Martinez
N
Rupert
N
Mr. President
N

Epps
N
Matsunaka
N
Sullivant
N

__________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB99-1301, 99-1283, 99-1268, 99-1284, 99-1171, 99-1288; SB99-210, 99-206; HB99-1189, 99-1159, 99-1294, 99-1204, 99-1234, 99-1163; SB99-089, HB99-1056, and 99-1253 were made Special Orders at 10:24 a.m..

__________________________

Committee The hour of 10:24 a.m. having arrived, Senator Arnold moved that the Senate resolve

of the itself into Committee of the Whole for consideration of Special Orders and Senator

Whole Arnold was called to the Chair to act as Chairman.

SPECIAL ORDERS--SECOND READING OF BILLS--10:24 A. M.

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 99-1301 by Rep. Mitchell; Sen. Owen--Prohibit Mandatory Pro Bono Service

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

HB 99-1283 by Rep. Spence; Senator Blickensderfer--Defibrillator Immunity

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

HB 99-1268 by Rep. Decker; Sen. Evans--Special District Elections

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, March 17, page 519.)

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

HB 99-1284 by Rep. Spence; Sen. Evans--Elim State Engineer Border Dispute Comp

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

HB 99-1171 by Rep. Decker; Sen. Teck--Election Of School District Directors

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, March 18, page 521.)

Amendment No. 2, by Senator Teck

Amend reengrossed bill, page 13, line 20, strike "(1)  Not" and substitute "(1) (a)  EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (1), not".

Page 14, after line 4, insert the following:

"(b)  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY SCHOOL DISTRICT COTERMINOUS WITH A CITY AND COUNTY. THE DIRECTOR DISTRICTS FOR ANY SUCH SCHOOL DISTRICT SHALL BE ESTABLISHED AS PROVIDED IN SECTION 22­31­131.".

Amendment No. 3, by Senators Wham and Pascoe

Amend reengrossed bill, page 14, after line 26, insert the following:

"SECTION 8.  22­31­131 (1.5) (c) (II), Colorado Revised Statutes, is amended, and the said 22-31-131 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

22­31­131.  Election procedures in districts composed of a city and county. (1.5) (c) (II)  The general assembly BOARD OF EDUCATION FOR SCHOOL DISTRICT NUMBER 1 shall provide for the revision of the director district boundaries established by this paragraph (c) following the federal census in 2000 and each federal census thereafter.

(12) (a)  WITHIN ONE HUNDRED TWENTY DAYS AFTER PUBLICATION OF THE 2000 DECENNIAL CENSUS PREPARED BY THE UNITED STATES BUREAU OF THE CENSUS, THE BOARD OF EDUCATION OF SCHOOL DISTRICT NUMBER 1 SHALL REAPPORTION AND REDRAW THE BOUNDARIES FOR THE DIRECTOR DISTRICTS OF THE SCHOOL DISTRICT TO MAINTAIN FIVE DIRECTOR DISTRICTS. UPON COMPLETION OF SUCH REAPPORTIONMENT AND REDRAWING OF BOUNDARIES, THE BOARD OF EDUCATION OF SCHOOL DISTRICT NUMBER 1 SHALL SUBMIT TO THE REVISOR OF STATUTES THE NEW BOUNDARIES FOR THE DIRECTOR DISTRICTS.

(b)  SUBSECTIONS (1.5) AND (1.7) OF THIS SECTION ARE REPEALED UPON RECEIPT BY THE REVISOR OF STATUTES OF THE NEW BOUNDARIES FOR DIRECTOR DISTRICTS PREPARED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (12).".

Renumber succeeding section accordingly.

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

HB 99-1288 by Rep. Dean; Senator Owen--College Savings Program

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, March 18, page 521.)

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

SB 99-210 by Sen. Perlmutter; Rep. Witwer--Surety Bonds For Self­insurers

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, March 18, page 523.)

Amendment No. 2, by Senator Perlmutter

Strike the Business Affairs and Labor Committee Report, as printed in the Senate Journal, March 18, page 523, and substitute the following:

"Amend printed bill, strike everything below the enacting clause, and substitute the following:

"SECTION 1.  10­4­716 (2), Colorado Revised Statutes, is amended, and the said 10­4­716 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

10­4­716.  Self­insurers. (2)  The commissioner may, in his or her discretion, upon the application of such person, issue a certificate of self­insurance when the director COMMISSIONER is satisfied that such person is possessed ABLE and will continue to be possessed of ability ABLE to pay direct benefits as required under section 10­4­706 (1) (b) to (1) (e) and to pay any and all judgments that may be obtained against such person. Upon not less than five days' notice and a hearing pursuant to such notice, the commissioner may, upon reasonable grounds, cancel a certificate of self­insurance. Failure to pay any benefits under section 10­4­706 (1) (b) to (1) (e) or failure to pay any judgment within thirty days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self­insurance.

(3)  FOR PURPOSES OF SUBSECTION (2) OF THIS SECTION, THE COMMISSIONER SHALL ACCEPT, AS PROOF THAT A MOTOR VEHICLE CARRIER OR CONTRACT CARRIER BY MOTOR VEHICLE, AS DEFINED IN ARTICLES 10 AND 11 OF TITLE 40, C.R.S., IS ABLE AND WILL CONTINUE TO BE ABLE TO PAY ALL JUDGMENTS THAT MIGHT BE OBTAINED AGAINST THE CARRIER, A SURETY BOND IN A FORM ACCEPTABLE TO THE COMMISSIONER IN AN AMOUNT DETERMINED BY THE COMMISSIONER SUFFICIENT TO ENSURE THAT THE CARRIER HAS THE ABILITY TO PAY ALL JUDGMENTS THAT MAY BE OBTAINED AGAINST ANY SUCH CARRIER.

SECTION 2.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".".

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

SB 99-206 by Sen. Owen; Rep. McElhany--Census Population Data

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

HB 99-1189 by Rep. May; Senator Andrews--Collection Of Political Funds

Laid over until the General Orders calendar, Thursday, April 1, retaining its place on the calendar.

HB 99-1159 by Rep. Berry; Senator Tebedo--City & County Improvement Districts

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, March 19, pages 533-534.)

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

HB 99-1294 by Rep. Ragsdale; Sen. Lacy--New District Area Petition Or Election

Laid over until the General Orders calendar, Thursday, April 1, retaining its place on the calendar.

HB 99-1204 by Rep. Paschall; Senator Anderson--Civil Restraining Orders

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 19, page 536.)

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

HB 99-1234 by Rep. Mace; Sen. Perlmutter--Additions To Domestic Temp Injunction

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 19, page 536.)

Amendment No. 2, by Senator Perlmutter

Amend the committee amendment, as printed in Senate Journal, March 19, page 536, strike lines 62 through line 71 and substitute the following:

"strike lines 24 through 26 and substitute the following:

"(D)  RESTRAINING BOTH PARTIES, WITHOUT AT LEAST FOURTEEN DAYS' ADVANCE NOTIFICATION AND THE WRITTEN CONSENT OF THE OTHER PARTY OR AN ORDER OF THE COURT, FROM CANCELING, MODIFYING, TERMINATING, OR ALLOWING TO LAPSE FOR NONPAYMENT OF PREMIUMS, ANY POLICY OF HEALTH INSURANCE, HOMEOWNER'S OR RENTER'S INSURANCE, OR AUTOMOBILE INSURANCE THAT PROVIDES COVERAGE TO EITHER OF THE PARTIES OR THE MINOR CHILDREN OR ANY POLICY OF LIFE INSURANCE THAT NAMES EITHER OF THE PARTIES OR THE MINOR CHILDREN AS A BENEFICIARY.".

Page 3, strike lines 1 through 7.".

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

HB 99-1163 by Rep. Kaufman; Senator Perlmutter--Rule Review Bill

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

HB 99-1056 by Rep. Berry; Senator Phillips--Hazardous Substance Emergency Response

(Agriculture, Natural Resources and Energy Committee Amendment,

printed in Senate Journal, March 11, page 471 declared LOST on Second Reading.)

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, March 22, page 544.)

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

HB 99-1253 by Rep. Mitchell; Senator Lamborn--Juvenile Statements In Custody

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 25, page 575.)

Amendment No. 2, by Senator Lamborn

Strike the Judiciary Committee amendment, as printed in Senate Journal, March 25, page 575, lines 34 through 38, and substitute the following:

"Amend reengrossed bill, page 1, strike line 6 and substitute the following:

"JUVENILE, MADE AFTER A KNOWING, INTELLIGENT, AND VOLUNTARY WAIVER OF RIGHTS, MAY BE ADMISSIBLE INTO EVIDENCE, NOTWITHSTANDING THE";

line 7, after "CUSTODIAN", insert a comma.".

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

SB 99-089 by Sen. Congrove; Rep. Paschall--Make Property Tax Valuations Accurate

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, February 10, pages 229-230.)

Amendment No. 2, by Senator Chlouber

Amend the committee amendment, as printed in Senate Journal, February 10, page 229, line 48, strike "CYCLE," and substitute "CYCLE IN A COUNTY WITH A POPULATION IN EXCESS OF FIFTY THOUSAND PEOPLE,".

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Arnold, 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:

SB99-206; HB99-1301, 99-1283, 99-1284, 99-1163 declared passed on Second Reading.

SB99-210 as amended, SB99-089 as amended; HB99-1268 as amended, 99-1171 as

amended, 99-1288 as amended, 99-1159 as amended, 99-1204 as amended, 99-1234 as

amended, 99-1056 as amended, 99-1253 as amended, declared passed on Second

Reading.

HB99-1189, 99-1294 laid over until General Orders on Thursday, April 1, retaining their place on the calendar.

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Wednesday, March 31, was laid over until Thursday, April 1, retaining its place on the calendar.

______________________________

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

Approp- After consideration on the merits, the committee recommends that SB99-093 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 5, line 24, strike "LIBRARIAN." and substitute "LIBRARIAN, UP TO A LIMIT OF TWENTY FIVE THOUSAND DOLLARS.".

Page 6, line 9, strike "LIBRARIAN." and substitute "LIBRARIAN, UP TO A LIMIT OF TWENTY FIVE THOUSAND DOLLARS.";

line 22, strike "LIBRARIAN." and substitute "LIBRARIAN, UP TO A LIMIT OF TWENTY FIVE THOUSAND DOLLARS.".

Page 8, line 22, strike "Appropriation." and substitute "Appropriation ­ adjustment in 1999 long bill.".

Page 9, strike lines 1 through 10 and substitute the following:

"two million dollars ($2,000,000).

(2)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the state grants for publicly­supported libraries fund not otherwise appropriated, to the department of education for allocation to the state library, for the fiscal year beginning July 1, 1999, the sum of two million dollars ($2,000,000) and 1.5 FTE, or so much thereof as may be necessary, for implementation of this act. Such sum shall be from cash funds exempt received from the department of education out of the appropriation made in subsection (1) of this section; except that no more than 2.5% of said appropriation shall be expended for the administrative costs of the state librarian in administering the act.

(3)  For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 1999, shall be adjusted as follows:

(a)  The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by two million dollars ($2,000,000).

(b)  The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by two million dollars ($2,000,000).".



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

Environment, postponed indefinitely: HB99-1281

Welfare and

Institutions

Judiciary The Committee on Judiciary has had under consideration and has had a hearing on the following appointment and recommends that the appointment be confirmed:

MEMBER OF THE

STATE BOARD OF PAROLE

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

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

INTRODUCTION OF BILL--FIRST READING

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

SB 99-220 by Senator Lamborn; also Representative Kaufman--Concerning the enactment of the "Colorado Uniform Custodial Trust Act".

Judiciary

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 99­1063

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

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 HB 99­1063, concerning termination upon remarriage of benefits paid under the statewide death and disability plan to a surviving spouse of a fire and police pension association member who dies while in active service, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 2, line 21, strike "became" and substitute "are presently receiving benefits provided by the statewide death and disability plan on the effective date of this act or who first become".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Doug Dean, Chairman Sen. MaryAnne Tebedo, Chairman

Rep. Gayle Berry Sen. Dave Wattenberg

Rep. Carl Miller Sen. Peggy Reeves

TRIBUTES -- A POINT OF INTEREST

Memorializing Jennie J. Musso -- by Senator Thiebaut

Memorializing Jack J. Simony -- by Senator Thiebaut

Memorializing Charles T. "Chuck" Stephens -- by Senator Thiebaut

Honoring Betty Lunn -- by Senator Thiebaut

Honoring E.K. Waldhaus -- by Senator Thiebaut

Honoring Matt Garcia -- by Senator Thiebaut

On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Thursday,

April 1, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate