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-first General Assembly

STATE OF COLORADO

Second Regular Session

50th Legislative Day Wednesday, February 25, 1998


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

Order

Prayer By the chaplain, Rabbi Stanley M. Wagner.

Roll Call Present--Total, 33

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

Absent--Lacy--Total, 1.

Present later--Lacy.

Quorum The President announced a quorum present.

Reading of On motion of Senator Congrove, reading of the Journal of February 24th was dispensed

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

SENATE SERVICES REPORT

Senate Correctly engrossed: SB 98-15, 25, 50, 51, 52, 72, 106, 171, 172, 174.

Services

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:

SB 98-51 by Sen. Blickensderfer; Rep. McElhany--Mandated State Employee Insurance

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


YES 21


NO 13


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

N

Mutzebaugh

Y

Tanner

N

Ament

Y

Hernandez

N

Pascoe

N

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

N

Bishop

Y

Johnson

Y

Phillips

N

Wattenberg

N

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

N

Chlouber

Y

Lamborn

Y

Reeves

N

Wells

Y

Coffman

Y

Linkhart

N

Rizzuto

Y

Wham

N

Congrove

Y

Martinez

N

Rupert

N

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

Co-sponsors added: Arnold, Dennis, Rizzuto.

SB 98-52 by Sen. Matsunaka; Rep. Johnson--Incentives For State Budget Savings

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

SB 98-52 Co-sponsor added: Johnson

(Cont.)

SB 98-174 by Sen. Chlouber; Rep. George--Greyhound Purse Structures

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

SB 98-2 by Sen. Wham; Rep. George--Capital Construction Fund Transfer

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

Co-sponsors added: Martinez, Norton, Reeves, Schroeder.

SB 98-72 by Sen. Coffman; Rep. May--Uniform Anatomical Gift Requirements

A majority of those elected to the Senate having voted in the affirmative, Senator Coffman was given permission to offer a third Reading amendment.

Third Reading Amendment No. 1, by Senator Coffman

Amend engrossed bill, page 3, line 18, strike "AN" and substitute "UNLESS HELD FOR PURPOSES SPECIFIED IN SECTION 30­10­606, C.R.S., AN".

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

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


YES 34


NO 1


EXCUSED 0


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

N

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

Co-sponsors added: Hopper, Johnson, Linkhart, Pascoe, Reeves, Rupert, Wham.

SB 98-25 by Sen. Rizzuto; Rep. Owen--Alcohol & Drug Driving Safety Program

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

Co-sponsor added: Schroeder

SB 98-15 by Sen. Bishop; Representative Entz--Ground Water Commission Per Diem

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


YES 33


NO 1


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

SB 98-172 by Sen. Lacy; Rep. Owen--State Treasurer Mgmt Fee Elimination

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

Co-sponsors added: Arnold, Coffman, Congrove, Norton.

SB 98-50 by Sen. Hopper; Rep George--Create Criminal Justice Committee

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


YES 28


NO 6


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

N

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

N

Weddig

Y

Chlouber

Y

Lamborn

N

Reeves

Y

Wells

Y

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

N

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

Co-sponsors added: Hernandez, Linkhart, Pascoe, Perlmutter, Rupert, Tanner.

SB 98-171 by Sen. Lacy; Rep. Dean--Metropolitan Football Stadium District

A majority of those elected to the Senate having voted in the affirmative, Senator Lacy was given permission to offer a third Reading amendment.

Third Reading Amendment No. 1, by Senator Lacy

Amend engrossed bill, page 9, line 16, strike "one hundred eighty" and substitute "one hundred eighty TWO HUNDRED SIXTY­SIX";

line 17, after "dollars,", insert "OR SUCH HIGHER MAXIMUM AMOUNT AS DETERMINED PURSUANT TO SECTION 32­15­113,".

Page 18, line 1, strike "one hundred eighty" and substitute "one hundred eighty TWO HUNDRED SIXTY­SIX".

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

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


YES 20


NO 14


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

NE

Tanner

Y

Ament

Y

Hernandez

N

Pascoe

N

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

N

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

N

Weddig

N

Chlouber

Y

Lamborn

N

Reeves

Y

Wells

Y

Coffman

N

Linkhart

N

Rizzuto

N

Wham

Y

Congrove

N

Martinez

N

Rupert

N

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

SB 98-106 by Sen. Phillips; Rep. Gotlieb--Anti­hazing

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


YES 23


NO 11


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

N

Blickensderfer

N

Lacy

N

Powers

N

Weddig

Y

Chlouber

N

Lamborn

N

Reeves

Y

Wells

N

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

N

Martinez

Y

Rupert

Y

Mr. President

N

Dennis

Y

Matsunaka

Y

Schroeder

N


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

Co-sponsor added: Pascoe

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

of the for consideration of General Orders and Senator Perlmutter 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:

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, HB 98-1362 was advanced on the General Orders calendar.

______________________________

HB 98-1362 by Rep. Romero; Senator Lacy--State Fair Procurement Code Exemption

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

(Printed in Senate Journal, February 20, pages 318-319.)

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

Passage.

SB 98-161 by Sen. Wells; Rep. Anderson--Legislative Appropriation Bill

Laid over until Thursday, February 26, retaining its place on the calendar.

SB 98-116 by Sen. Schroeder; Rep. Schauer--Sales Tax Mail Order & Internet

Amendment No. 1, Finance Committee Amendment

(Printed in Senate Journal, February 6, page 175.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, February 20, page 320.)

Amendment No. 3, by Senator Schroeder

Amend printed bill, page 6, strike lines 12 and 13, and substitute the following:

"FEDERAL LEGISLATION AUTHORIZING STATES TO REQUIRE OUT­OF­STATE RETAILERS TO COLLECT";

strike line 15 and substitute the following:

"PROPERTY AFFECTED THROUGH MAIL ORDER, USE OF THE INTERNET, OR OTHER MEANS BY";

line 18, strike "ENTER INTO";

strike line 19 and substitute the following:

"REQUIRE OUT­OF­STATE RETAILERS";

line 21, strike "ORDER OR" and substitute "ORDER,";

line 22, strike "INTERNET" and substitute "INTERNET, OR OTHER MEANS".

Page 7, line 2, strike "ORDER OR USE OF THE INTERNET" and substitute "ORDER, USE OF THE INTERNET, OR OTHER MEANS".

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

The following bills on the General Orders calendar of Wednesday, February 25, were laid over until Thursday, February 26, retaining their place on the calendar:

SB 98-85, 98-166; HB 98-1126, 98-1016, 98-1022, 98-1208, 98-1017, 98-1073, 98-1355, 98-1143, 98-1076, 98-1210, 98-1071, 98-1139, 98-1109, 98-1149, 98-1015, 98-1054, 98-1026, 98-1047, 98-1358; SB 98-128.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Perlmutter, 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:

SB 98-116 as amended; HB 98-1362 as amended, declared passed on Second Reading.

SB 98-161, 98-85, 98-166; HB 98-1126, 98-1016, 98-1022, 98-1208, 98-1017, 98-1073, 98-1355, 98-1143, 98-1076, 98-1210, 98-1071, 98-1139, 98-1109, 98-1149, 98-1015, 98-1054, 98-1026, 98-1047, 98-1358; SB 98-128, laid over until Thursday, February 26, retaining their place on the calendar.

_________________________

On motion of Senator Wells, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 36(c) was suspended for Consideration of Governor's Appointments.

_________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

On motion of Senator Congrove, the following Governor's appointments were confirmed by a roll call vote:

FIRE AND POLICE PENSION

ASSOCIATION

for terms expiring September 1, 2001:

Randall E. Atkinson of Littleton, Colorado, to serve as a full­time paid fireman, reappointed;

David P. McConnel of Pueblo, Colorado, to serve as a retired fireman, appointed.


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


COMMITTEE OF REFERENCE REPORTS

Trans- After consideration on the merits, the committee recommends that HB 98-1273 be

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

Amend reengrossed bill, page 1, line 8, strike "OR" and substitute "OR, EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION,".

Page 2, line 8, strike "SHALL REMAIN WITHIN THE ROADWAY TO" and substitute "MAY".

Trans- After consideration on the merits, the committee recommends that HB 98-1116 be

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

Amend reengrossed bill, page 2, line 12, strike "solicit new proposals for" and substitute "solicit new proposals for REJECT SUCH PROPOSALS AND MAY, IN ITS DISCRETION, SOLICIT NEW PROPOSALS FOR".

MESSAGE FROM THE HOUSE

February 25, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1252.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1177, amended as printed in House Journal, February 24, page 733;

HB98-1276, amended as printed in House Journal, February 24, page 732;

HB98-1360, amended as printed in House Journal, February 24, page 733.

MESSAGE FROM THE REVISOR

February 25, 1998

We herewith transmit:

without comment, HB98-1252; and,

without comment, as amended, HB98-1177, 1276, and 1360.

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

SJR 98-9 by Senators Hopper, Norton, Alexander, Ament, Arnold, Bishop, Blickensderfer, Chlouber, Coffman, Congrove, Dennis, Feeley, Hernandez, Johnson, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Mutzebaugh, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder, Tanner, Tebedo, Thiebaut, Wattenberg, Weddig, Wells, and Wham; also Representatives Hagedorn, Agler, K. Alexander, Arrington, Bacon, Chavez, Clarke, Dean, Entz, George, Gordon, Gotlieb, Grampsas, Grossman, Hefley, June, Kaufman, Keller, Leyba, Mace, McElhany, Miller, Nichol, Owen, Pankey, Paschall, Pfiffner, Reeser, Romero, Salaz, Saliman, Snyder, Spradley, Takis, Tool, Tucker, Tupa, Udall, Veiga, T. Williams, Zimmerman--Concerning the proclamation of Colorado nonprofit day.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Thursday, February 26.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Wednesday, February 25, was laid over until Thursday, February 26, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring Yue Xu by Senator Reeves

Honoring Sara Stieben by Senator Reeves



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

February 26, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate