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SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

10^th Legislative Day Friday, January 15, 1999

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

Order

Prayer By the chaplain, Reverend Gilbert Caldwell, Park Hill United Methodist Church.

Roll Call Present--Total, 28

Absent/Excused--Anderson, Congrove, Lacy, Thiebaut--Total, 4.

Absent--Hernandez, Rupert, Wattenberg--Total, 3.

Present later--Hernandez, Rupert, Wattenberg

Quorum The President announced a quorum present.

Reading of On motion of Senator Andrews, reading of the Journal of January 14^th was

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

COMMITTEE OF REFERENCE REPORTS

Education The Committee on Education has had under consideration and has had a hearing on the

following appointment and recommends that the appointment be confirmed:

EXECUTIVE DIRECTOR

COLORADO COMMISSION ON HIGHER EDUCATION

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Timothy E. Foster, of Grand Junction, Colorado

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: SB99-068

Education After consideration on the merits, the committee recommends that SB99-051 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, line 2, strike "MINORITY".

MESSAGE FROM THE HONORABLE ROY ROMER

Report of clemency for 1998 and 1999, pursuant to Article IV, Section 7, of the Colorado Constitution, read and on file with the Secretary of the Senate.

Committee On motion of Senator Wattenberg the Senate resolved itself in to Committee of the Whole

of the for consideration of General Orders and Senator Wattenberg was called to the Chair to act

Whole as Chairman.

GENERAL ORDERS--SECOND READING OF BILL

The Committee of the Whole having risen, the Chairman reported that the following bill,

reading at length having been dispensed with by unanimous consent, had been considered and action taken thereon as follows:

SB 99-043 by Senator Chlouber; also Representative Miller--Concerning the award of costs in actions for nuisance against agricultural operations.

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

(Printed in Senate Journal, January 8, page 38.)

Amendment No. 2, by Senator Hillman

Amend printed bill, page 2, line 5, after the period add:

"THIS PARAGRAPH (b) SHALL NOT APPLY IF THE PLAINTIFF IN SUCH ACTION ALSO OWNS, OPERATES, OR IS EMPLOYED BY AN AGRICULTURAL OPERATION AND HAS LIVED ON THE LAND WHERE THAT AGRICULTURAL OPERATION IS LOCATED FOR AT LEAST FIVE YEARS OR BEFORE THE AGRICULTURAL OPERATION THAT IS THE SUBJECT OF THE ACTION BEGAN ITS OPERATION.".

As amended, laid over until Monday, January 18, retaining its place on the calendar.

The following bills on the General Orders calendar of Friday, January 15, were laid over until Monday, January 18, retaining their place on the calendar:

SB 99-31, SB 99-35, SB 99-44, SB 99-66, SB 99-17.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Wattenberg, the Report of the Committee of the Whole, as amended, was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:

SB 99-43, as amended, SB 99-31, SB 99-35, SB 99-44, SB 99-66, SB 99-17, laid over until Monday, January 18, 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 January 15, was laid over until Monday, January 18, retaining its place on the calendar.

______________________________

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

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

Environment, referred favorably to the Committee on Local Government: SB99-021

Welfare and

Institutions

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

Environment, postponed indefinitely: SB 99-007

Welfare and

Institutions

State, After consideration on the merits, the committee recommends that SB 99-032 be

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

and Military with favorable recommendation:

Affairs

Amend printed bill, page 2, line 24, strike "A" and substitute "AN OCCUPATIONAL".

Page 3, line 17, strike "A" and substitute "AN OCCUPATIONAL".

Page 4, after line 15, insert the following:

"(11) (a)  A MEMBER ELIGIBLE FOR A TOTAL DISABILITY BENEFIT UNDER SUBSECTION (1) OF THIS SECTION OR A TOTAL DISABILITY BENEFIT UNDER SECTION 31­31­806.5 MAY ELECT TO RECEIVE ONE OF THE DISABILITY BENEFIT OPTIONS LISTED IN PARAGRAPH (a) OF SUBSECTION (8) OF THIS SECTION IN LIEU OF SUCH DISABILITY BENEFIT. A MEMBER SHALL BE DEEMED TO HAVE ELECTED OPTION 1 SPECIFIED IN SUBPARAGRAPH (I) OF PARAGRAPH (a) OF SUBSECTION (8) OF THIS SECTION IF THE MEMBER IS AWARDED A TOTAL DISABILITY BENEFIT UNDER SUBSECTION (1) OF THIS SECTION OR A TOTAL DISABILITY BENEFIT UNDER SECTION 31­31­806.5, IS SURVIVED BY A SPOUSE OR DEPENDENT CHILD, AND DIES BEFORE MAKING AN ELECTION ALLOWED UNDER PARAGRAPH (a) OF SUBSECTION (8) OF THIS SECTION.

(b)  THIS SUBSECTION (11) SHALL NOT APPLY IF HOUSE BILL 99­1062 IS ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­SECOND GENERAL ASSEMBLY AND BECOMES LAW.".

State, After consideration on the merits, the committee recommends that SB 99-027 be

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

and Military with favorable recommendation:

Affairs

Amend printed bill, page 1, after line 9, insert the following:

"SECTION 2. 1-4-602 (1) (a), Colorado Revised Statutes, is amended to read:

1­4­602.  Delegates to party assemblies. (1) (a)  County assemblies shall be held not less than ten days nor more than thirty days after precinct caucuses held on the firstSECOND Tuesday in April. The county central committee or executive committee shall fix the number of delegates from each precinct to participate in the county assembly pursuant to the procedure for the selection of delegates contained in the state party central committee's bylaws or rules. The persons receiving the highest number of votes at the precinct caucus shall be the delegates to the county assembly from the precinct. If two or more candidates receive an equal number of votes for the last available place in the election of delegates to county assemblies at the precinct caucuses, the delegate shall be determined by lot by the candidates. Except as provided in subsections (2) and (6) of this section, delegates to all other party assemblies shall be selected by the respective county assemblies from among the members of the county assemblies pursuant to the state party central committee's bylaws or rules.".

Renumber succeeding section accordingly.

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

Veterans, referred favorably to the Committee of the Whole: SB 99-005

and Military

Affairs

Finance The committee on Finance has had under consideration and has had a hearing on the

following appointment and recommends that the appointment be confirmed:

effective January 12, 1999, for a term expiring at the pleasure of the Governor:

Fred Fisher of New Castle, Colorado

On motion of Senator Blickensderfer, the Senate adjourned until 10:00 a.m., Monday,

January 18, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate