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

62nd Legislative Day Monday, March 9, 1998


Call to By the President at 10:00 a.m.

Order

Prayer By Senator Don Ament.

Roll Call Present--Total, 31.

Absent/Excused--Feeley, Tebedo--Total, 2.

Absent--Coffman, Lacy--Total, 2.

Present later--Coffman, Lacy, Tebedo.

Quorum The President announced a quorum present.

Reading of On motion of Senator Reeves, reading of the Journal of March 6th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly engrossed: SB 98-142, 148, 161, 173.

Services

Correctly revised: HB 98-1015, 1017, 1019, 1024, 1026, 1035, 1038, 1039, 1055, 1056, 1082, 1116, 1119, 1132, 1162, 1225, 1229, 1279, 1331, 1358.

Correctly enrolled: SJR 98-5; also SR 98-7.

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 98-1139 by Rep. Leyba; Senator Chlouber--Tobacco­free Schools

Laid over until Tuesday, March 10, retaining its place on the calendar.

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

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


YES 30


NO 1


EXCUSED 2


ABSENT 2


Alexander

Y

Feeley

E

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

A

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

A

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.










HB 98-1017 by Rep. Leyba; Senator Powers--Racing Commission Authority

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


YES 30


NO 2


EXCUSED 2


ABSENT 1


Alexander

Y

Feeley

E

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

A

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

N

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.

HB 98-1015 by Rep. Leyba; Senator Wham--Medication Administration Program

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


YES 32


NO 0


EXCUSED 2


ABSENT 1


Alexander

Y

Feeley

E

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

A

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.

HB 98-1358 by Rep. Grampsas; Senator Lacy--Suppl Approp Capital Construction

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


YES 24


NO 8


EXCUSED 2


ABSENT 1


Alexander

Y

Feeley

E

Mutzebaugh

N

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

N

Hopper

Y

Perlmutter

Y

Thiebaut

N

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

A

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.

HB 98-1119 by Rep. Tate; Senator Wattenberg--Banking ATM Conform To Fed

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


YES 32


NO 0


EXCUSED 2


ABSENT 1


Alexander

Y

Feeley

E

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

A

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.




HB 98-1038 by Rep. Reeser; Senator Chlouber--Policy Deductible Workers' Comp Funds

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


YES 32


NO 0


EXCUSED 2


ABSENT 1


Alexander

Y

Feeley

E

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

A

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.

HB 98-1116 by Rep. Pankey; Senator Ament--Elim Restrict RTD Bus Service Contracts

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


YES 25


NO 7


EXCUSED 2


ABSENT 1


Alexander

Y

Feeley

E

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

N

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

N

Bishop

Y

Johnson

N

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

A

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

N

Wells

Y

Coffman

Y

Linkhart

N

Rizzuto

Y

Wham

Y

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.

HB 98-1055 by Rep. T. Williams; Senator Dennis--Workers' Comp Discovery

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


YES 30


NO 0


EXCUSED 4


ABSENT 1


Alexander

Y

Feeley

E

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

A

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

*

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

*

Schroeder

Y


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

Co-sponsors added: Norton, Phillips, Thiebaut.

Abstaining (*) from voting under Senate Rule 17(c)--Senators Matsunaka and Wells.

SB 98-142 by Sen. Wattenberg; Rep. Schauer--Voluntary Air Emission Limit & Recovery

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


YES 29


NO 3


EXCUSED 2


ABSENT 1


Alexander

Y

Feeley

E

Mutzebaugh

N

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

A

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

N

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: Chlouber, Hernandez, Johnson, Powers, Reeves, Rupert, Weddig.

HB 98-1331 by Rep. George; Senator Wham--Allowance Of State Overexpenditures

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


YES 24


NO 10


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

E

Mutzebaugh

N

Tanner

Y

Ament

Y

Hernandez

N

Pascoe

N

Tebedo

Y

Arnold

N

Hopper

Y

Perlmutter

N

Thiebaut

N

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

N

Reeves

Y

Wells

Y

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

N

Martinez

Y

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.

HB 98-1026 by Rep. June; Senator Powers--Theft Of Public Transportation Services

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

E

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

N

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.

HB 98-1024 by Rep. Dean; Senator Tebedo--Police & Fire Survivor Benefits

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

E

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

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.

HB 98-1035 by Rep. Grampsas; Senator Rizzuto--Volunteer Firefighter Retirement Benefit

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

E

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

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: Congrove, Hernandez, Martinez, Phillips, Rupert.



HB 98-1056 by Rep. Grampsas; Senator Rizzuto--Vol Firefighter Service For Early Retire

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

E

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

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: Bishop, Chlouber, Congrove, Hernandez, Martinez, Phillips, Rupert.

HB 98-1132 by Rep. Epps; Senator Wham--County Judges

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

E

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

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.

HB 98-1019 by Rep. Morrison; Senator Reeves--Min Hospital Stay After Childbirth

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

E

Mutzebaugh

N

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

N

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

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, Hopper, Martinez, Pascoe, Phillips, Rupert, Tanner, Thiebaut, Weddig, Wham.

HB 98-1082 by Rep. Lawrence; Senator Coffman--EBT Replacement Fee

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


YES 32


NO 2


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

E

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

N

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

N

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.

HB 98-1082 Co-sponsors added: Congrove, Powers.

(Cont.)

HB 98-1229 by Rep. Chavez; Senator Wham--Extend HCBS For Mentally Ill

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

E

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

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: Bishop, Hernandez, Hopper, Pascoe, Powers, Reeves, Rizzuto, Tanner, Tebedo, Weddig.

SB 98-173 by Sen. Rizzuto; Rep. Owen--Reimbursement Of Costs For Nursing Homes

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

E

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

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.

HB 98-1225 by Rep. Epps; Senator Wham--Peer Assistance Fee For Physicians & Pas

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

E

Mutzebaugh

N

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

N

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

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

N

Martinez

Y

Rupert

Y

Mr. President

Y

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.

HB 98-1279 by Rep. Tupa; Senator Reeves--Alumni License Plates

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


YES 29


NO 5


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

E

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

N

Arnold

N

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

N

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

N

Matsunaka

Y

Schroeder

Y


HB 98-1279 A majority of all members elected to the Senate having voted in the affirmative, the bill

(Cont.) was declared PASSED.

Co-sponsors added: Bishop, Chlouber, Phillips.

HB 98-1162 by Rep. Bacon; Sen. Matsunaka--Postsecondary Enrollment Options Tuition

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

E

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

N

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: Tebedo

SB 98-148 by Sen. Powers; Rep. Entz--Dept Of Transportation Public Projects

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

E

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

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, Tebedo.

HB 98-1039 by Rep. Udall; Senator Bishop--Increase Big Game Poaching Penalties

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


YES 29


NO 5


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

E

Mutzebaugh

N

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

N

Arnold

N

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

N

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

N

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: Chlouber, Matsunaka, Phillips, Reeves, Rupert, Wham.

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

of the for consideration of General Orders and Senator Congrove 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 98-1016 by Rep. T. Williams; Senator Schroeder--Regulation Of Architects

Laid over until Tuesday, March 10, retaining its place on the calendar.

HB 98-1208 by Rep. S. Williams; Sen. Wattenberg--Except School Employees From Skills Test

Laid over until Tuesday, March 10, retaining its place on the calendar.

SB 98-166 by Sen. Mutzebaugh--Transportation Planning

Laid over until Tuesday, March 10, retaining its place on the calendar.

HB 98-1047 by Rep. McPherson; Senator Powers--CDOT Logo Signs For Urban Areas

Laid over until Tuesday, March 10, retaining its place on the calendar.

HB 98-1080 by Rep. Reeser; Senator Wattenberg--Workers' Comp Funds

Laid over until Tuesday, March 10, retaining its place on the calendar.

HB 98-1120 by Rep. C. Berry; Sen. Wells--Reestablish Olympic Tax Checkoff

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

HB 98-1064 by Rep. Tool; Sen. Rizzuto--County Clerk & Recorder Agent Fee

Laid over until Tuesday, March 10, retaining its place on the calendar.

HB 98-1101 by Rep. Young; Senator Wattenberg--Brand Board Fees & Feedlots

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

(Printed in Senate Journal, February 27, page 372.)

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

HB 98-1356 by Rep. Grampsas; Senator Lacy--Suppl Approp Dept Of Transportation

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, February 27, page 372.)

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

HB 98-1158 by Rep. Musgrave; Sen. Arnold--Parental Consent To Use Of Student Data

Laid over until Tuesday, March 10, retaining its place on the calendar.

HB 98-1240 by Rep. Keller; Senator Reeves--State Special Ed Advisory Committee

(Education Committee Amendment as printed in Senate Journal, March 3, page 386, declared LOST on Second Reading.)

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

SB 98-62 by Sen. Wham; Rep. Adkins--Procedures Related To Adoption

Re-referred to Committee on Appropriations.

HB 98-1188 by Rep. Snyder; Sen. Wham--Fair Campaign Practices Act

Laid over until Tuesday, March 10, retaining its place on the calendar.

HB 98-1168 by Rep. Arrington; Sen. Coffman--Use Of Social Security Numbers

Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment

(Printed in Senate Journal, March 4, page 396.)

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

SB 98-109 by Sen. Wells; Rep. Grossman--COLS Recommendations On Rules

Amendment No. 1, Legal Services Committee Amendment

(Printed in Senate Journal, March 3, pages 383-385.)

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

The following bills on the General Orders calendar of Monday, March 9, were laid over until Tuesday, March 10, retaining their place on the calendar:

HB 98-1207, 98-1124, 98-1283, 98-1079, 98-1110, 98-1096, 98-1105, 98-1154, 98-1365, 98-1130, 98-1171, 98-1028.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Congrove, 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:

HB 98-1120, 98-1240, declared passed on Second Reading.

SB 98-109 as amended; HB 98-1101 as amended, 98-1356 as amended, 98-1168 as amended, declared passed on Second Reading.

SB 98-62, re-referred to Committee on Appropriations.

SB 98-166; HB 98-1016, 98-1208, 98-1047, 98-1080, 98-1064, 98-1158, 98-1188, 98-1207, 98-1124, 98-1283, 98-1079, 98-1110, 98-1096, 98-1105, 98-1154, 98-1365, 98-1130, 98-1171, 98-1028, laid over until Tuesday, March 10, retaining their place on the calendar.

COMMITTEE OF REFERENCE REPORTS

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

Veterans, referred favorably to the Committee of the Whole: HB 98-1274

and Military

Affairs

State, After consideration on the merits, the committee recommends that HB 98-1293 be

Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 3, strike lines 23 through 26 and substitute the following:

"(1)  "LOCAL GOVERNMENT" SHALL HAVE THE SAME MEANING AS IN ARTICLE XII, SECTION 15 OF THE COLORADO CONSTITUTION INCLUDING, BUT NOT LIMITED TO, THE REGIONAL TRANSPORTATION DISTRICT.".

Page 4, strike lines 1 through 18.

Page 6, strike lines 1 through 11 and substitute the following:


HB 98-1293


(Cont.)

"SECTION 3.  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.".

State, After consideration on the merits, the committee recommends that HB 98-1359 be

Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 4, line 11, strike "resident" and substitute "resident";

after line 17, insert the following:

"SECTION 6.  1­5­101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

1­5­101.  Establishing precincts and polling places for partisan elections. (6)  A PRECINCT CONTAINING NO MORE THAN ONE HUNDRED FIFTY ELECTORS MAY BE DESIGNATED AS AN ABSENTEE POLLING PRECINCT AT THE DISCRETION OF THE ELECTION OFFICIAL FOR SUCH PRECINCT.

SECTION 7.  1­40­107 (2), Colorado Revised Statutes, is amended to read:

1­40­107. Rehearing ­ appeal ­ fees ­ signing. (2)  If any person who filed a motion for a rehearing pursuant to subsection (1) of this section is overruled by the title board, then the secretary of state shall furnish such person, upon request, a certified copy of the petition with the titles, submission clause, and summary of the proposed law or constitutional amendment, together with a certified copy of the motion for rehearing and of the ruling thereon. If filed with the clerk of the supreme court within five days thereafter, the matter shall be docketed as a cause there pending, which shall be placed at the head of the calendar and disposed of summarily, DECIDED AND A MANDATE ISSUED WITHIN THIRTY DAYS OF SAID FILING, either affirming the action of the title board or reversing it, in which latter case the court shall remand it with instructions, pointing out where the title board is in error.".

Renumber succeeding section accordingly.

Trans- After consideration on the merits, the committee recommends that HB 98-1008 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, strike lines 9 and 10, and substitute the following:

"STATES SHALL ALSO SUBMIT SUCH PROOF AS THE DEPARTMENT MAY REQUIRE THAT THE APPLICANT IS LAWFULLY PRESENT IN THE UNITED STATES.

(c)  THE DEPARTMENT MAY NOT ISSUE A DRIVER'S, MINOR DRIVER'S, OR PROVISIONAL DRIVER'S LICENSE TO ANY PERSON WHO IS NOT LAWFULLY PRESENT IN THE UNITED STATES.

(d)  THE DEPARTMENT MAY NOT ISSUE A DRIVER'S, MINOR DRIVER'S, OR PROVISIONAL DRIVER'S LICENSE TO ANY PERSON WHO IS NOT A RESIDENT OF THE STATE OF COLORADO. THE DEPARTMENT SHALL ISSUE SUCH A LICENSE ONLY UPON THE FURNISHING OF SUCH EVIDENCE OF RESIDENCY THAT THE DEPARTMENT MAY REQUIRE.";

strike lines 18 and 19, and substitute the following:

"(f)  THE PERSON IS NOT LAWFULLY PRESENT IN THE UNITED STATES;

(g)  THE PERSON IS NOT A RESIDENT OF THE STATE OF COLORADO.".

Page 3, strike lines 2 and 3, and substitute the following:


HB 98-1008


(Cont.)

"PROOF AS THE DEPARTMENT MAY REQUIRE THAT THE APPLICANT IS LAWFULLY PRESENT IN THE UNITED STATES. The department may assess a fee under section";

strike lines 6 through 8, and substitute the following:

"(b)  THE DEPARTMENT MAY NOT ISSUE AN IDENTIFICATION CARD TO ANY PERSON WHO IS NOT LAWFULLY PRESENT IN THE UNITED STATES.";

strike lines 24 and 25, and substitute the following:

"(III)  THE PERSON IS NOT LAWFULLY PRESENT IN THE UNITED STATES; OR".

Trans- After consideration on the merits, the committee recommends that HB 98-1059 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 7, strike "WHEN CHILDREN ARE PRESENT";

line 11, strike "BY THE POSTING OF" and substitute "AND HAS APPROPRIATE SIGNS POSTED INDICATING THAT THE PENALTIES AND SURCHARGES WILL BE DOUBLED.".

Page 2, strike line 1.

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

portation referred favorably to the Committee of the Whole: HB 98-1081

Trans- After consideration on the merits, the committee recommends that HB 98-1093 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 8, after line 21, insert the following:

"SECTION 13.  Effective date.  This act shall take effect January 1, 1999.".

Renumber succeeding section accordingly.

Trans- After consideration on the merits, the committee recommends that HB 98-1036 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 6, strike "DISABILITY" and substitute "PERMANENT DISABILITY";

line 7, after "AFFIDAVIT", insert "UNDER THE PENALTY OF PERJURY,";

line 8, strike "DISABILITY" and substitute "PERMANENT DISABILITY";

line 12, strike "DISABILITY." and substitute "PERMANENT DISABILITY.";

line 23, strike "July 1, 1998." and substitute "February 1, 1999.".

MESSAGE FROM THE HOUSE

March 9, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1009, amended as printed in House Journal, March 6, page 843;

HB98-1030, amended as printed in House Journal, March 6, pages 843-844;

HB98-1088, amended as printed in House Journal, March 6, page 844;

HB98-1112, amended as printed in House Journal, March 6, page 844;

HB98-1137, amended as printed in House Journal, March 6, page 844;

HB98-1189, amended as printed in House Journal, March 6, page 845;

HB98-1372, amended as printed in House Journal, March 6, page 846;

HB98-1376, amended as printed in House Journal, March 6, page 845;

SB98-003, amended as printed in House Journal, March 6, page 845;

SB98-066, amended as printed in House Journal, March 6, page 843;

SB98-114, amended as printed in House Journal, March 6, page 843.

The House has passed on Third Reading and returns herewith SB98-038, 078, 090, and 132.

MESSAGE FROM THE REVISOR

March 9, 1998

We herewith transmit:

without comment, as amended, HB98-1009, HB98-1030, HB98-1088, HB98-1112, HB98-1137, HB98-1189, HB98-1372, HB98-1376, SB98-003, SB98-066, and SB98-114.

INTRODUCTION OF MEMORIAL

The following memorial was read by title:

SM 98-1 by Senators Ament, Norton, Alexander, Arnold, Bishop, Blickensderfer, Chlouber, Coffman, Congrove, Dennis, Hernandez, Hopper, Johnson, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Mutzebaugh, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder, Tanner, Tebedo, Thiebaut, Wattenberg, Weddig, Wells, and Wham--Concerning honoring the former Senator Kenneth I. Kinnie.

WHEREAS, By the will of Divine Providence, our beloved former member, the Honorable Kenneth I. Kinnie, departed this life on August 14, 1997, at the age of 74; and

WHEREAS, Senator Kinnie was born in Julesburg, Colorado, on April 28, 1923; and

WHEREAS, Senator Kinnie graduated from Sedgwick schools in 1942; and

WHEREAS, Senator Kinnie attended the University of Colorado in Boulder, where he studied engineering; and

WHEREAS, Senator Kinnie served in Pacific operations with the U.S. Navy as an electrician's mate third class from 1944 to 1946; and

WHEREAS, Senator Kinnie served the counties of Cheyenne, Kiowa, Kit Carson, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma, Crowley, Elbert, and Lincoln for eight years as a member of the Colorado Senate; and

WHEREAS, Senator Kinnie served on the Appropriations, State Affairs, Transportation, and Agriculture, Natural Resources, and Energy committees, the 1977 Fixed Utilities and School Finance interim committees, and as Vice-Chairman of the 1977 Agriculture and Wildlife and the 1978 Water and Coal Slurry interim committees; and

WHEREAS, Senator Kinnie was a valued member of the Julesburg community where he was a charter member and president of the Julesburg Booster Club, chairman of the Sedgwick County Republican Central Committee for 16 years, and a member of the Julesburg Jaycees and the United Methodist Church of Julesburg; and

WHEREAS, Senator Kinnie also served for eight years on the state ASCS Committee; and

WHEREAS, Senator Kinnie was a long-time farmer and businessman in Julesburg where he founded the Hodges-Kinnie Grain Company; now, therefore,

Be It Resolved by the Senate of the Sixty-first General Assembly of the State of Colorado:

That, in the death of Kenneth I. Kinnie, the people of the State of Colorado have lost an outstanding citizen and public servant and that we, the members of the Senate of the state of Colorado, hereby extend our deep and heartfelt sympathy to the members of his family and pay tribute to a man who served his state well and faithfully.

SM 98-1 Be It Further Resolved, That copies of this Memorial be sent to Senator Kinnie's wife

(Cont.) Lucille; his three sons, K. Joe Kinnie of Julesburg, Colorado, Craig Kinnie of Hillsboro, Oregon, and Ernest Kinnie of Thornton, Colorado; his three sisters, Phyllis Brune, Doris Kraemer, and Mary Zielger, all of Denver; and his two brothers, Leland Kinnie of Denver and Lynn Kinnie of Estes Park.

Laid over one day under Senate Rule 30(d), and placed on the calendar of Tuesday,

March 10.



TRIBUTES--A POINT OF INTEREST

Honoring Matt Chojnacki by Senators Lacy, Ament, Norton, Wells, Schroeder, Alexander, Blickensderfer, Hopper, Chlouber, Rizzuto, Perlmutter, Coffman, Johnson, Bishop, Wattenberg, Dennis, Wham, Feeley, Lamborn, Matsunaka, Weddig and Reeves.

______________________________

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 Monday, March 9, was laid over until Tuesday, March 10, retaining its place on the calendar.

______________________________


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

March 10, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate