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