Senate Journal-8th Day-January 16, 2013 Page 31

SENATE JOURNAL 1 Sixty-ninth General Assembly 2 STATE OF 3 First Regular Session 4 5 6 8th Legislative Day Wednesday, January 16, 2013 7 8 9 10 Prayer By Senator Newell. 11 12 Call to By the President at 9:00 a.m. 13 Order 14 15 Pledge By Senator Baumgardner. 16 17 Roll Call Present--35 18 19 Quorum The President announced a quorum present. 20 21 Reading of On motion of Senator Kerr, reading of the Journal of Tuesday, January 15, 2013, was 22 Journal dispensed with and the Journal was approved as corrected by the Secretary. 23 24 ______25 26 27 MESSAGE FROM THE HOUSE 28 29 January 15, 2013 30 31 Mr. President: 32 33 The House has adopted and returns herewith SJR13-004. 34 35 ______36 37 38 SENATE SERVICES REPORT 39 40 Correctly Printed: SB13-033. 41 Correctly Engrossed: SJR13-004. 42 43 ______44 45 46 INTRODUCTION OF BILLS -- FIRST READING 47 48 The following bills were read by title and referred to the committees indicated: 49 50 51 SB13-034 by Senator(s) Lundberg, Lambert, Brophy, Cadman, Grantham, Harvey, Renfroe, Scheffel; 52 --Concerning the requirement that a governmental body that receives a proposal on an 53 electronic device in response to its request for proposals return the electronic device to the 54 offeror after the contract award. 55 State, Veterans, & Military Affairs 56 57 58 SB13-035 by Senator(s) Renfroe, Lundberg, Balmer, Baumgardner, Brophy, Crowder, Grantham, 59 Harvey, Hill, Lambert, Marble, Scheffel; also Representative(s) Humphrey, Holbert, 60 Everett, Buck, Nordberg, Joshi, McNulty--Concerning the elimination of the use of 61 automated vehicle identification systems for traffic law enforcement. 62 State, Veterans, & Military Affairs 63 64 65 66 67 Page 32 Senate Journal-8th Day-January 16, 2013

SB13-036 by Senator(s) Steadman; also Representative(s) Gerou--Concerning the repeal of the 1 requirement that the general assembly annually pass a joint resolution to certify a general 2 fund revenue estimate. 3 Finance 4 5 6 SB13-037 by Senator(s) Crowder; --Concerning the creation of an authority to finance the purchase of 7 real property in the Pinon Canyon maneuver site from the federal government. 8 State, Veterans, & Military Affairs 9 10 11 SB13-038 by Senator(s) Balmer; --Concerning the confidentiality of certain communications among 12 emergency responders. 13 Judiciary 14 15 16 SB13-039 by Senator(s) Aguilar; also Representative(s) McCann--Concerning the regulation of 17 audiologists. 18 Health & Human Services 19 20 21 SB13-040 by Senator(s) Crowder; --Concerning the completion of the cemetery expansion project at 22 the Homelake military veterans cemetery. 23 State, Veterans, & Military Affairs 24 25 26 SB13-041 by Senator(s) Hodge and Roberts; also Representative(s) Fischer and Sonnenberg-- 27 Concerning the protection of stored water, and, in connection therewith, preserving 28 supplies for drought and long-term needs. 29 Agriculture, Natural Resources, & Energy 30 31 32 SB13-042 by Senator(s) Morse; also Representative(s) Waller--Concerning the renewal of 33 distinguished foreign teaching physician licenses by a person ranked lower than an 34 associate professor. 35 Health & Human Services 36 37 38 SB13-043 by Senator(s) Kerr; also Representative(s) Gardner--Concerning the prohibition against 39 knowingly permitting removal of alcohol beverages from an establishment licensed to sell 40 alcohol beverages for on-premises consumption. 41 Judiciary 42 43 44 SB13-044 by Senator(s) Nicholson; also Representative(s) Coram--Concerning incentive payments in 45 prepaid inpatient health plan agreements. 46 Health & Human Services 47 48 49 SB13-045 by Senator(s) Hill; --Concerning the expansion of the sales tax exemption for food to 50 include food that is not prepared for domestic home consumption. 51 State, Veterans, & Military Affairs 52 53 54 SB13-046 by Senator(s) Kefalas; also Representative(s) Primavera--Concerning the authorization of 55 dialysis treatment clinics to provide outpatient hemodialysis treatment to patients with acute 56 kidney failure. 57 Health & Human Services 58 59 60 SB13-047 by Senator(s) Newell; --Concerning protections for youth in foster care against identity 61 theft. 62 Health & Human Services 63 64 65 SB13-048 by Senator(s) Todd, Jones, Cadman, Heath, Hudak, Kerr, Newell; also Representative(s) 66 Tyler and Labuda, Fields, Melton, Peniston, Ryden, Salazar--Concerning the use of 67 highway user tax fund moneys allocated to local governments for multimodal transportation 68 infrastructure. 69 Transportation 70 71 72 Senate Journal-8th Day-January 16, 2013 Page 33

SB13-049 by Senator(s) Lundberg, Brophy, Hill, Renfroe, Scheffel; --Concerning an exemption 1 within a roundabout from the rule requiring a vehicle to signal an intention to leave the 2 current lane of travel. 3 Transportation 4 5 6 SB13-050 by Senator(s) Todd, Jones, Newell, Schwartz; also Representative(s) Coram, Fischer, 7 Melton--Concerning the recycling resources economic opportunity fund, and, in connection 8 therewith, incrementally increasing certain fees collected for the fund, extending repeal 9 dates of laws associated with the fund, adding limitations to grants made to reduce waste 10 tire stockpiles, making rebates paid from the fund discretionary, and removing obsolete 11 provisions. 12 Finance 13 14 15 SB13-051 by Senator(s) Baumgardner, Harvey; also Representative(s) McCann, Joshi--Concerning 16 fire inspections for marijuana cultivation locations. 17 Judiciary 18 19 20 SB13-052 by Senator(s) Scheffel, Cadman; also Representative(s) DelGrosso--Concerning real 21 property construction defect actions, and, in connection therewith, enacting the "Transit- 22 oriented Development Claims Act of 2013". 23 Judiciary 24 25 26 SB13-053 by Senator(s) Kerr; also Representative(s) Hamner--Concerning establishing a procedure 27 between the department of education and the department of higher education that allows for 28 the transfer of available student data relevant to the transition from high school to the 29 postsecondary system. 30 Education 31 32 33 SB13-054 by Senator(s) Brophy; also Representative(s) Priola--Concerning the ability of an 34 establishment licensed to sell alcohol beverages for on-premises consumption to serve an 35 alcohol beverage to an adult under twenty-one years of age when the underage person's 36 parent purchases the alcohol beverage for the underage person. 37 State, Veterans, & Military Affairs 38 39 40 SB13-055 by Senator(s) Lambert, Lundberg, Baumgardner, Cadman, Grantham, Harvey, Hill, Marble, 41 Renfroe, Scheffel; also Representative(s) Saine, Holbert, Everett, Nordberg, Buck, 42 Humphrey, Joshi--Concerning methods to increase the actuarial soundness of the public 43 employees' retirement association. 44 State, Veterans, & Military Affairs 45 46 47 SB13-056 by Senator(s) Harvey, Brophy, Grantham, Lambert, Lundberg, Baumgardner, Cadman, 48 Hill, Marble, Renfroe, Scheffel; also Representative(s) Saine, Holbert, Buck, Everett, Joshi, 49 Stephens--Concerning the prenatal sex nondiscrimination act. 50 Judiciary 51 52 53 SB13-057 by Senator(s) King; --Concerning the process for applying to operate a solid wastes 54 disposal site and facility. 55 State, Veterans, & Military Affairs 56 57 58 SB13-058 by Senator(s) Grantham; also Representative(s) Landgraf--Concerning the verification 59 requirement for parking privileges for persons with a permanent disability. 60 Transportation 61 62 63 SB13-059 by Senator(s) Cadman, Morse, Guzman, Hodge, Scheffel, Steadman, Ulibarri; -- 64 Concerning the ability of a peace officer to obtain an alcohol beverage license. 65 Judiciary 66 67 68 SB13-060 by Senator(s) Scheffel; also Representative(s) McNulty--Concerning the creation of a civil 69 air patrol license plate. 70 Transportation 71 72 Page 34 Senate Journal-8th Day-January 16, 2013

1 SB13-061 by Senator(s) Renfroe, Lundberg, Lambert, Harvey, Grantham, Brophy, Crowder, Hill, 2 Marble; also Representative(s) Buck, Humphrey--Concerning motor vehicle emissions 3 inspections. 4 Transportation 5 6 7 SB13-062 by Senator(s) Lambert, Lundberg, Baumgardner, Brophy, Cadman, Grantham, Harvey, 8 Hill, Marble, Renfroe, Scheffel; also Representative(s) Saine, Holbert, Everett, Nordberg, 9 Buck, Humphrey, Joshi--Concerning establishing civil liability for certain businesses that 10 prohibit the carrying of firearms on the business premises. 11 Judiciary 12 13 14 SB13-063 by Senator(s) Grantham, Tochtrop; also Representative(s) Navarro--Concerning the 15 renewable energy standard's definition of recycled energy. 16 State, Veterans, & Military Affairs 17 18 19 SB13-064 by Senator(s) Brophy; also Representative(s) Sonnenberg and Szabo--Concerning daylight 20 saving time as the standard year-round time within the state. 21 State, Veterans, & Military Affairs 22 23 24 SB13-065 by Senator(s) Balmer; also Representative(s) Singer--Concerning the optional use of 25 approval voting methods by local governments in nonpartisan elections. 26 State, Veterans, & Military Affairs 27 28 29 SB13-066 by Senator(s) Hill; --Concerning compliance with section 50 of article V of the Colorado 30 state constitution by prohibiting any entity that is involved with abortion services from 31 receiving public funds. 32 Judiciary 33 34 35 SB13-067 by Senator(s) Tochtrop; --Concerning the operation of vehicles off-road. 36 Agriculture, Natural Resources, & Energy 37 38 39 SB13-068 by Senator(s) Baumgardner; --Concerning modification of the fee for late registration of a 40 vehicle. 41 Transportation 42 43 44 SB13-069 by Senator(s) Marble, Harvey, Lundberg, Lambert, Balmer, Baumgardner, Brophy, 45 Cadman, Crowder, Grantham, Hill, Renfroe, Scheffel; also Representative(s) Holbert, 46 Buck, Nordberg, Swalm, Priola, Everett, DelGrosso, Joshi, Wright--Concerning the 47 creation of income tax credits for nonpublic education. 48 Education 49 50 ______51 52 53 CHANGE IN SPONSORSHIP 54 55 Upon announcement of President Morse, Senators Cadman and Morse will be the Senate 56 joint prime sponsors on SB13-023. 57 58 ______59 60 61 TRIBUTES 62 63 Honoring: 64 65 Greg Smith, For his recent appointment with PERA -- By President John P. Morse. 66 Carma Brown, Founding Challenger Baseball -- By Senator Steve King. 67 Justin Marshall, Commending incredible bravery and courage -- By Senators Bill 68 Cadman, John P. Morse, , , and . 69 Sergey Krasnopeyev, In recognition of his visit to the Colorado State Capitol with the 70 Rotary International - Open World Program -- By Senator Mark Scheffel. 71 Graham M. Witherspoon Jr., For service to our country in the United States Navy from 72 Senate Journal-8th Day-January 16, 2013 Page 35

1942-1959 -- By Senator Nancy Spence. 1 John D. Groe, Achieved Eagle Scout -- By Senator Kent Lambert. 2 Joel Frederich Meyer, Achieved Eagle Scout -- By Senator Evie Hudak. 3 Christopher Kimball Spence, National Democratic Institute for International Affairs -- 4 By Senator Nancy Spence. 5 Colorado River District 75th anniversary -- By Senator Steve King. 6 Jeremy Rice, For protecting fellow classmates and other members of the community -- 7 By Senator Keith King. 8 Jansen Penny, Achieved Eagle Scout -- By Senator Ted Harvey. 9 Commending Kirk Banghart and Kathryn Brady, Moffat School District No. 2 -- By 10 Senator Gail Schwartz. 11 Opening of the Monte Vista High School building -- By Senator Gail Schwartz. 12 Colorado Water 2012 and the Rio Grande Reservoir 100th anniversary -- By Senator 13 Gail Schwartz. 14 Ben Kirkpatrick, Achieved Eagle Scout -- By Senator Bill Cadman. 15 Derek K. Meyer, Achieved Eagle Scout -- By Senator Keith King. 16 Kelly James McGee, Achieved Eagle Scout -- By Senator Bill Cadman. 17 Opening of the Cedaredge Elementary School building -- By Senator Gail Schwartz. 18 Opening of the Salida High School building -- By Senator Gail Schwartz. 19 Matthew Michael Eldridge, Achieved Eagle Scouts -- By Senator Evie Hudak 20 Eloise May, Service to the Arapahoe Library District -- By Senator Linda Newell. 21 Gerald W. Tripp, Exemplary service to the Cherry Creek School District -- By Senator 22 Nancy Spence. 23 Opening of the Center Consolidated School District building -- By Senator Gail 24 Schwartz. 25 Christian Richardson, Achieved Eagle Scout -- By Senator Steve King. 26 Eric Palmer, Achieved Eagle Scout -- By Senator Jean White. 27 Larry Smeester, For outstanding achievement with Volunteers of America -- By 28 Senator . 29 Captain Ryan Anderson, For excellence and achievement with the Air Force Academy 30 -- By President John P. Morse and Senator Morgan Carroll. 31 Ron Angstead, For his heroic efforts to protect his neighborhood -- By President 32 Brandon C. Shaffer. 33 Aspen Center for Physics, 50th Anniversary -- By Senator Gail Schwartz. 34 The Affiliates of Habitat for Humanity of Eagle County, For exemplary service and 35 leadership -- By Senator Jean White. 36 The Affiliates of the Boys and Girls Club of Fremont County, For the expansion and 37 success as of its first anniversary -- By Senator Kevin Grantham. 38 Lance Gilbert, Colorado FFA officer -- By Senator Scott Renfroe. 39 Chance Kanode, Colorado FFA officer -- By Senator Scott Renfroe. 40 Brooke Miller, Colorado FFA officer -- By Senator Scott Renfroe 41 Mitch Stahley, Colorado FFA officer -- By Senator Scott Renfroe. 42 Kristen Schmidt, Colorado FFA officer -- By Senator Scott Renfroe. 43 Lois Lindstrom, For preservation of Arvada history -- By Senator Evie Hudak. 44 Macy Schocke, Megan Schneider Community Service Award -- By Senator Greg 45 Brophy. 46 Jacob Solseth, Achieved Eagle Scout -- By Senator Ellen Roberts. 47 Brody Babcock, Achieved Eagle Scout -- By Senator Jean White. 48 Garrett Spears, Achieved Eagle Scout -- By Senator Jean White. 49 Eric Erickson, Achieved Eagle Scout -- By Senator Steve King. 50 Karl Kolb, Achieved Eagle Scout -- By Senator Steve King. 51 Michal Cookson, Achieved Eagle Scout -- By Senator Steve King. 52 James Stagg, Achieved Eagle Scout -- By Senator Steve King. 53 Grant Stagg, Achieved Eagle Scout -- By Senator Steve King. 54 Nicole Karas, Megan Schneider Community Service Award -- By Senator Greg 55 Brophy. 56 Darren Stewart, For sacrifice and courageous actions during the Heartstrong Fire -- By 57 Senator Greg Brophy. 58 Jennifer Struckmeyer, For sacrifice and courageous actions during the Heartstrong Fire 59 -- By Senator Greg Brophy. 60 Damon Struckmeyer, For sacrifice and courageous actions during the Heartstrong Fire 61 -- By Senator Greg Brophy. 62 Courtney Mills, Invaluble leadership and sportsmanship -- By Senator Kevin Lundberg. 63 Deanna Thirkell, Colorado College tennis team and Academic All-American -- By 64 Senator Keith King. 65 Jordan DeGayner, For achievements at the NCAA Division III Swimming and Diving 66 Championships and recognition as an Academic All-American-- By Senator Keith 67 King. 68 Dalton Boatright, Mountain West Hal Rothman Sportsmanship Award -- By Senator 69 Keith King. 70 Tamila and Aleksander Solodunov, For being outstanding foster grandparents and 71 leaders for at-risk youth -- By Senator Linda Newell. 72 Page 36 Senate Journal-8th Day-January 16, 2013

Luz Sherman, For being an outstanding foster grandparent and leader for at-risk youth 1 -- By Senator Linda Newell. 2 Lois Whitehouse, For working with Colorado’s youth -- By Senator Linda Newell. 3 Stephen Jay Goldman, For continued success and achievement -- By Senator Joyce 4 Foster. 5 Christian Ndushabandi, Colorado Youth Corps Association Corpsmember of the Year 6 -- By President John P. Morse. 7 Joe Edwards, Aspen Hall of Fame -- By Senator Gail Schwartz. 8 Pat Fallin, Aspen Hall of Fame -- By Senator Gail Schwartz. 9 Hulstrom Options K-8 School, For receiving an "A" grade from Colorado School 10 Grades -- By Senator Lois Tochtrop. 11 Michael Kinsley, Aspen Hall of Fame -- By Senator Gail Schwartz. 12 New Emerson School at Columbus, For receiving an "A" grade from Colorado School 13 Grades -- By Senator Steve King. 14 Redlands Middle School, For receiving an "A" grade from Colorado School Grades -- 15 By Senator Steve King. 16 Scenic Elementary School, For receiving an "A" grade from Colorado School Grades -- 17 By Senator Steve King. 18 Stargate Charter School, For receiving an "A" grade from Colorado School Grades -- 19 By Senator Lois Tochtrop. 20 21 ______22 23 24 On motion of Majority Leader Carroll, the Senate adjourned until 9:00 a.m., Thursday, 25 January 17, 2013. 26 27 Approved: 28 29 30 31 John P. Morse 32 President of the Senate 33 34 35 Attest: 36 37 38 39 Cindi L. Markwell 40 Secretary of the Senate 41 42 43