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SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

87th Legislative Day Friday, April 3, 1998

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

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn

Roll Call Present--Total, 33.

Absent/Excused--Linkhart, Tanner--Total, 2.

Present later--Linkhart.

Quorum The President announced a quorum present.

Reading of On motion of Senator Congrove, reading of the Journal of April 2nd was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly enrolled: SB 98-7, 46, 51, 118, 124, 128, 173.

Services

MESSAGES FROM THE HOUSE

April 2, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1010, amended as printed in House Journal, April 1, page 1135;

HB98-1151, amended as printed in House Journal, April 1, pages 1136-1137;

HB98-1324, amended as printed in House Journal, April 1, pages 1137-1139 and on Third Reading as printed in House Journal, April 2.

The House has postponed indefinitely SB98-009. The bill is returned herewith.

April 2, 1998

Mr. President:

The House has voted to concur in the Senate amendments to HB 98-1005, 1025, 1033, 1036, 1041, 1050, 1053, 1117, 1123, 1141, 1154, 1176, 1177, 1178, 1215, 1221, 1244, 1245, 1269, 1296, 1300, 1304, 1335, 1337, 1368, 1371, 1372, and 1376 and has repassed the bills as so amended.

MESSAGE FROM THE REVISOR

April 2, 1998

We herewith transmit:

without comment, as amended, HB98-1010, 1151, and 1324.

RECALL OF SB 98-49

SB 98-49 by Sen. Schroeder; Rep. May--Tax Exempt Internet & On Line Services

Having voted on the prevailing side, Senator Schroeder moved for the recall of SB 98-49 from the Governor.

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

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

SR 98-8 by Senators Pascoe and Rupert--Concerning the 150th anniversary of the women's rights movement.

WHEREAS, 1998 marks the 150th anniversary of the Women's Rights Convention at Seneca Falls, New York, at which more than 300 courageous women defied custom and met to discuss the social, civil, and religious issues affecting women in mid­nineteenth century America, and in doing so launched the women's rights movement in this country; and

WHEREAS, The women who took part in this historical meeting adopted a Declaration of Sentiments, which paraphrased the Declaration of Independence and demanded that women be given the right to vote and boldly stated that "It is the duty of the women of this country to secure for themselves their sacred right to the elective franchise"; and

WHEREAS, Women belonging to clubs in Colorado, including members of the Denver Woman's Club, Women's Christian Temperance Union, and Colorado Equal Suffrage Association, organized the struggle for the vote in Colorado, with the support of Governor Davis Waite of the Silver movement; and

WHEREAS, In 1893, Colorado charged ahead of the rest of the nation on this issue becoming the first state in the union to approve the vote for women by means of popular election; and

WHEREAS, The first three women ever elected to a state legislature in the United States were elected to the Colorado House of Representatives in 1894: Clara Cressingham and Frances Klock of Denver and Carrie C. Holly of Pueblo, who spearheaded social welfare reforms in the state such as child labor laws and the 8­hour work day; and

WHEREAS, The first woman elected to the state Senate was Helen Ring Robinson of Denver who was elected in 1912; and

WHEREAS, The dauntless campaign for nationwide women's suffrage took over 72 years, involved tens of thousands of women and men, did not cost a single life, and resulted in the enfranchisement of one­half of the citizens of the United States; and

WHEREAS, Women were not given or granted the right to vote, they won it, and they won it as truly as any political campaign is won or lost; and

WHEREAS, The campaign was of enormous political and social significance, and yet, it is virtually unacknowledged in the chronicles of American history; and

WHEREAS, Women won the right to vote despite the fact that anti­suffragists argued that "all women are potentially hysterics" and that "since women obviously could not be trusted to behave rationally, they would be extremely dangerous in a political setting"; and

WHEREAS, The celebration of the suffragist movement represents a substantial milestone on the road to equal rights for women, putting women back into our history as active participants and reminding us of the need for progressive leaders, organizers, and visionaries in every local community; and

WHEREAS, The celebration of the suffragist movement exposes the misplaced fears and prejudices of those who oppose equal rights for women and offers a sobering reminder that too many of these same foolish, reactionary attitudes from 100 years ago still exist today; and

WHEREAS, There still remain substantial barriers to the full equality of America's women, and the victorious women's suffrage movement offers a new generation of activists a solid base upon which to build for the future; and

WHEREAS, American women will not rest until all the women of the world have the right to vote; now, therefore,

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


SR 98-8


(Cont.)

We, the members of the Sixty­first General Assembly, hereby call on educators, government officials, businesses, and all citizens to mark this year of celebration with appropriate programs, ceremonies, and activities recollecting with gratitude those who have contributed to a nation where all have, by right, a position of equality in a democratic society.

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

April 6.

CONFERENCE COMMITTEE GRANTED FURTHER POWERS

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

Senator Wham moved that the Senate Conferees on the First Conference Committee on HB No. 98-1015 be given the powers to go beyond the scope of the differences between the two Houses.

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

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

MESSAGES FROM THE HOUSE

April 3, 1998

Mr. President:

The House has voted not to concur in the Senate amendments to HB98-1062 and requests that a conference committee be appointed. The Speaker has appointed Representatives Paschall, chairman, Dean, and Dyer as House conferees on the First Conference Committee on HB98-1062. The House has granted authorization to go beyond the scope of the differences. The bill is transmitted herewith.

The House has voted not to concur in the Senate amendments to HB98-1207 and requests that a conference committee be appointed. The Speaker has appointed Representatives Lawrence, chairman, McPherson, and Reeser as House conferees on the First Conference Committee on HB98-1207. The House has granted authorization to go beyond the scope of the differences. The bill is transmitted herewith.

The House has voted not to concur in the Senate amendments to HB98-1224 and requests that a conference committee be appointed. The Speaker has appointed Representatives Lawrence, chairman, Kaufman, and Grossman as House conferees on the First Conference Committee on HB98-1224. The House has granted authorization to go beyond the scope of the differences. The bill is transmitted herewith.

In response to the request of the Senate, the Speaker has appointed Representatives Swenson, chairman, Kaufman, and June as House conferees on the First Conference Committee on SB98-035.

In response to the request of the Senate, the Speaker has appointed Representatives Epps, chairman, George, and Leyba as House conferees on the First Conference Committee on SB98-036.

In response to the request of the Senate, the Speaker has appointed Representatives Lawrence, chairman, Arrington, and Reeser as House conferees on the First Conference Committee on SB98-076.

In response to the request of the Senate, the Speaker has appointed Representatives Adkins, chairman, Kaufman, and Veiga as House conferees on the First Conference Committee on SB98-137. The House has voted to authorize the House conferees on the First Conference Committee on SB98-137 to consider matters not at issue between the two houses.

In response to the request of the Senate, the Speaker has appointed Representatives George, chairman, Smith, and Miller as House conferees on the First Conference Committee on SB98-159.

April 3, 1998

Mr. President:

The House has adopted the First Report of the First Conference Committee on HB98-1149, as printed in House Journal March 27, pages 1075-1076, and has repassed the bill as amended.

April 3, 1998

Mr. President:

The House requests a recall of SB98-049 for purposes of reconsideration.

April 3, 1998

Mr. President:

The House has adopted and transmits herewith HJR98-1018, as printed in House Journal, March 17, pages 931-933.

The House has voted to concur in the Senate amendments to HB98-1140 and 1165 and has repassed the bills as so amended.

The House has voted not to concur in the Senate amendments to HB98-1200 and requests that a conference committee be appointed. The Speaker has appointed Representatives Taylor, chairman, George, and Miller as House conferees on the First Conference Committee on HB98-1200. The bill is transmitted herewith.

MESSAGE FROM THE GOVERNOR

April 3, 1998

To the Honorable Colorado Senate

Sixty­first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

S.B. 98­005 Concerning the assets held in the fire and police members' deferred compensation fund.

Approved April 2, 1998 at 5:15 p.m.

S.B. 98­016 Concerning the elimination of the express authority of the board of directors of the Metropolitan Football Stadium District to waive any requirement that a contractor provide a performance bond prior to the contractor commencing construction on a stadium.

Approved April 3, 1998 at 9:05 a.m.

S.B. 98­032 Concerning the inventory of property by local governments.

Approved April 2, 1998 at 5:19 p.m.


S.B. 98­078 Concerning the financing of water resource projects by the Colorado Water Resources and Power Development Authority.

Approved April 2, 1998 at 5:22 p.m.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 4/3/98 10:40 a.m.

P. Dicks, Assistant Secretary

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

of the for consideration of General Orders and Senator Alexander 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 98-1395 and 98-1294 were advanced on the General Orders calendar.

______________________________

HB 98-1395 by Rep. Taylor; Senator Rizzuto--Acquire Towner Line For State Rail Bank

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

HB 98-1234 by Rep. Allen; Senator Wells--Public School Finance

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, March 27, pages 627-635.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, March 31, pages 668-669.)

Amendment No. 3, by Senator Wells

Amend the Education Committee amendment, as printed in Senate Journal, March 27, page 635, strike lines 46 through 51 and substitute the following:

"program. If federal funds are applied for and received by the state of Colorado to establish such a program during the fiscal year beginning July 1, 1998, the department of military affairs shall have authority to spend the total amount of federal funds received for the implementation of the program. The amount of federal funds anticipated to be received by the state of Colorado is two million one hundred thousand dollars ($2,100,000).".

Amendment No. 4, by Senator Wells

Amend the Education Committee amendment, as printed in Senate Journal, March 27, page 629, line 46, strike "A NEW SUBPARAGRAPH" and substitute "THE FOLLOWING NEW SUBPARAGRAPHS";

after line 59, insert the following:


HB 98-1234


(Cont.)

"(V)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I.5) OF THIS PARAGRAPH (b), FOR THE 1999­2000 BUDGET YEAR AND BUDGET YEARS THEREAFTER, NO DISTRICT SHALL HAVE A SIZE FACTOR OF LESS THAN 1.0250.".

Amendment No. 5, by Senator Wells

Amend the Education Committee amendment, as printed in Senate Journal, March 27, page 634, after line 23, insert the following:

"SECTION 23.  24­21­104 (3) (d), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

24­21­104. Fees of secretary of state. (3) (d) (IV)  NOTWITHSTANDING ANY PROVISION OF PARAGRAPH (b) OF THIS SUBSECTION (3) TO THE CONTRARY, ON JULY 1, 1998, THE STATE TREASURER SHALL DEDUCT THREE MILLION DOLLARS FROM THE DEPARTMENT OF STATE CASH FUND AND TRANSFER SUCH SUM TO THE STATE PUBLIC SCHOOL FUND CREATED IN SECTION 22­54­114, C.R.S.".

Renumber succeeding sections accordingly.

Amendment No. 6, by Senator Thiebaut

Amend the Education Committee amendment, as printed in the Senate Journal, March 27, 1998, page 634, strike lines 1 through 23.

Renumber succeeding sections accordingly.

Amendment No. 7, by Senator Chlouber

Amend the Education Committee amendment, as printed in Senate Journal, March 27, page 634, after line 23, insert the following:

"SECTION 23.  22­54­117 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

22­54­117.  Contingency reserve. (1)  An amount to be determined by the general assembly shall be appropriated annually to the state public school fund as a contingency reserve. In deciding the amount to be appropriated to the contingency reserve, the general assembly may take into consideration any recommendations made by the department of education, but nothing in this section shall be construed to obligate the general assembly to provide supplemental assistance to all districts determined to be in need or fully fund the total amount of such need. The state board is authorized to approve and order payments from such contingency reserve for supplemental assistance to districts determined to be in need as the result of any or all of the following circumstances:

(e)  UNUSUAL FINANCIAL BURDEN CAUSED BY INSTRUCTION OF CHILDREN WHO MOVED INTO THE DISTRICT FOLLOWING THE PUPIL ENROLLMENT COUNT DATE. SUCH SUPPLEMENTAL ASSISTANCE SHALL NOT EXCEED THE ADDITIONAL COST INCURRED BY THE DISTRICT DUE TO THE INCREASE IN PUPIL ENROLLMENT. THE PROVISIONS OF THIS PARAGRAPH (e) SHALL ONLY BE AVAILABLE TO DISTRICTS WITH A FUNDED PUPIL COUNT OF TWO THOUSAND OR LESS.".

Renumber succeeding sections accordingly.

Amendment No. 8, by Senator Rizzuto

Amend reengrossed bill, page 1, line 7, strike "$110" and substitute "$119".

Amend the Education Committee amendment, as printed in Senate Journal, March 27, page 629, strike line 30 and substitute

"2,293 OR MORE BUT LESS THAN 5,650 1.0106 + (0.00001406 X";

strike line 35, and substitute

"5,650 OR MORE BUT LESS THAN 25,127 1.0106";

line 37, strike "26,025" and substitute "25,127" and strike "1.0136" and substitute "1.0106";


HB 98-1234


(Cont.)

line 41, strike "26,025)" and substitute "25,127)";

strike lines 45 through 59.

Renumber succeeding sections accordingly.

Page 630, strike lines 15 through 72.

Page 631, strike lines 1 through 26.

Renumber succeeding sections accordingly.

Page 634, strike lines 51 through 72.

Page 635, strike lines 1 through 51 and substitute the following:

"(3)  For the implementation of this act appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows: The appropriation made to the department of education, public school finance, total program, is increased by fifteen million four hundred seventy-four thousand four hundred twelve dollars ($15,474,412). Of said sum, two million seven hundred seventy-four thousand four hundred twelve dollars ($2,774,412) shall be from the state public school fund and twelve million seven hundred thousand dollars ($12,700,000) shall be from the general fund.";

line 54, strike "18" and substitute "15".

Amend the Appropriations Committee amendment, as printed in Senate Journal, March 31, page 668, strike lines 64 through 72.

Page 669, strike lines 1 through 30.

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see page 688, where the Wells amendment to the Report of the Committee of the Whole was adopted and HB 98-1234 as amended, was laid over until the General Orders calendar of Monday, April 6.)

The following bills on the General Orders calendar of Friday, April 3, were laid over until Monday, April 6, retaining their place on the calendar:

SCR 98-4; HB 98-1228, 98-1152; SB 98-26, 98-120, 98-180, 98-166, 98-170, 98-177, 98-30; HB 98-1159, 98-1325, 98-1306, 98-1256, 98-1203; SB 98-188; HB 98-1234, 98-1401, 98-1402.

AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 98-1234 by Rep. Allen; Senator Wells--Public School Finance

Senator Mutzebaugh moved to amend the Report of the Committee of the Whole to show that the Mutzebaugh floor amendment to HB 98-1234 as amended, did pass.

The amendment was declared lost by the following roll call vote:


YES 4


NO 29


EXCUSED 2


ABSENT 0


Alexander

N

Feeley

N

Mutzebaugh

YE

Tanner

E

Ament

N

Hernandez

N

Pascoe

N

Tebedo

N

Arnold

N

Hopper

N

Perlmutter

N

Thiebaut

N

Bishop

NY

Johnson

N

Phillips

N

Wattenberg

N

Blickensderfer

N

Lacy

N

Powers

Y

Weddig

N

Chlouber

N

Lamborn

Y

Reeves

N

Wells

N

Coffman

E

Linkhart

N

Rizzuto

N

Wham

N

Congrove

Y

Martinez

N

Rupert

N

Mr. President

N

Dennis

N

Matsunaka

N

Schroeder

N


HB 98-1234 by Rep. Allen; Senator Wells--Public School Finance

Senator Mutzebaugh moved to amend the Report of the Committee of the Whole to show that the Mutzebaugh floor amendment to HB 98-1234 as amended, did pass.

The amendment was declared lost by the following roll call vote:


YES 7


NO 26


EXCUSED 2


ABSENT 0


Alexander

N

Feeley

N

Mutzebaugh

YE

Tanner

E

Ament

N

Hernandez

N

Pascoe

N

Tebedo

Y

Arnold

N

Hopper

Y

Perlmutter

N

Thiebaut

N

Bishop

NY

Johnson

N

Phillips

N

Wattenberg

N

Blickensderfer

N

Lacy

N

Powers

Y

Weddig

N

Chlouber

N

Lamborn

Y

Reeves

N

Wells

N

Coffman

E

Linkhart

N

Rizzuto

N

Wham

N

Congrove

Y

Martinez

N

Rupert

N

Mr. President

N

Dennis

N

Matsunaka

N

Schroeder

Y


HB 98-1234 by Rep. Allen; Senator Wells--Public School Finance

Senator Wells moved to amend the Report of the Committee of the Whole to show that the Rizzuto amendment to HB 98-1234 as amended, did not pass.

The motion was declared lost by the following roll call vote:


YES 14


NO 19


EXCUSED 2


ABSENT 0


Alexander

Y

Feeley

N

Mutzebaugh

YE

Tanner

E

Ament

N

Hernandez

N

Pascoe

N

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

N

Thiebaut

N

Bishop

NY

Johnson

N

Phillips

Y

Wattenberg

N

Blickensderfer

Y

Lacy

N

Powers

Y

Weddig

N

Chlouber

Y

Lamborn

Y

Reeves

N

Wells

Y

Coffman

E

Linkhart

N

Rizzuto

N

Wham

N

Congrove

Y

Martinez

N

Rupert

N

Mr. President

Y

Dennis

N

Matsunaka

Y

Schroeder

N


HB 98-1234 by Rep. Allen; Senator Wells--Public School Finance

Senator Wells moved to amend the Report of the Committee of the Whole to show that HB 98-1234 as amended, was laid over until the General Orders calendar of Monday, April 6.

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Alexander, 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:

HB 98-1395, declared passed on Second Reading.

SCR 98-4; HB 98-1228, 98-1152; SB 98-26, 98-120, 98-180, 98-166, 98-170, 98-177, 98-30; HB 98-1159, 98-1325, 98-1306, 98-1256, 98-1203; SB 98-188; HB 98-1234, 98-1401, 98-1402, laid over until Monday, April 6, retaining their place on the calendar.

HB 98-1234 as amended, laid over until Monday, April 6, retaining its place on the calendar.

APPOINTMENTS TO CONFERENCE COMMITTEES

HB 98-1062 by Rep. Paschall; Senator Arnold--Select Independnt Work Comp Med Examiner

The President appointed Senators Arnold, Chairman, Congrove and Rizzuto as Senate Conferees on the First Conference Committee on HB No. 98-1062.

HB 98-1207 by Rep. Lawrence; Senator Mutzebaugh--Transportation Of Prisoners

The President appointed Senators Mutzebaugh, Chairman, Ament and Perlmutter as Senate Conferees on the First Conference Committee on HB No. 98-1207.

HB 98-1224 by Rep. Lawrence; Senator Arnold--Bail Recovery

The President appointed Senators Arnold, Chairman, Ament and Perlmutter as Senate Conferees on the First Conference Committee on HB No. 98-1224.

HB 98-1200 by Rep. Taylor; Senator Wattenberg--Local Marketing Districts

The President appointed Senators Wattenberg, Chairman, Bishop and Reeves as Senate Conferees on the First Conference Committee on HB No. 98-1200.

COMMITTEE OF REFERENCE REPORTS

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

riations referred favorably to the Committee of the Whole: HB 98-1189 and SB 98-53 and 98-74

Approp- After consideration on the merits, the committee recommends that SB 98-167 be

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

Amend printed bill, page 8, line 8, strike "Grants, donations, and gifts." and substitute "Gulf war syndrome registry fund.";

line 14, after the period, add "ANY GRANTS, DONATIONS, AND GIFTS SHALL BE CREDITED TO THE GULF WAR SYNDROME REGISTRY FUND, WHICH FUND IS HEREBY CREATED IN THE STATE TREASURY. THE MONEYS IN SAID FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE PURPOSE OF IMPLEMENTING THE GULF WAR SYNDROME REGISTRY. ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. ANY MONEYS NOT APPROPRIATED SHALL REMAIN IN THE FUND AND SHALL NOT BE TRANSFERRED OR REVERT TO THE GENERAL FUND OF THE STATE AT THE END OF ANY FISCAL YEAR.".

Approp- After consideration on the merits, the committee recommends that SB 98-138 be

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

Amend the printed bill, page 3, line 16, strike "AND";

line 18, strike "STATE." and substitute the following:

"STATE, AND AT LEAST ONE MEMBER OF THE COMMISSION SHALL RESIDE WEST OF THE CONTINENTAL DIVIDE.".

Page 4, after line 8, insert the following:

" SECTION 3. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of local affairs, for the fiscal year beginning July 1, 1998, the sum of fourteen thousand five hundred sixty-two dollars ($14,562) and 0.3 FTE, or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, line 101, strike "POWERS." and substitute "POWERS, AND MAKING AN APPROPRIATION THEREFOR.".

Approp- After consideration on the merits, the committee recommends that SB 98-122 be

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

Amend printed bill, page 9, line 19, strike "1998," and substitute "1999,";

line 21, strike "A1998," and substitute "1999,".

Page 10, line 20, strike "1998." and substitute "1999.".

Page 20, line 24, strike "1999," and substitute "2000,".

Page 21, line 9, strike "ODD­NUMBERED" and substitute "EVEN­NUMBERED";


SB 98-122


(Cont.)

line 15, strike "1999," and substitute "2000,".

Page 24, line 4, strike "1999." and substitute "2000.";

line 21, strike "2001," and substitute "2002,";

line 25, strike "ODD­NUMBERED" and substitute "EVEN­NUMBERED".

Page 26, line 5, strike "ODD­NUMBERED" and substitute "EVEN­NUMBERED";

line 6, strike "2001." and substitute "2002.".

Page 50, line 15, strike "2000," and substitute "2001,".

Page 55, line 3, strike "1998," and substitute "1999,";

line 6, strike "1998," and substitute "1999,";

line 10, strike "1998," and substitute "1999,".

Page 56, line 5, strike "1998," and substitute "1999,";

line 16, strike "1998," and substitute "1999,";

line 23, strike "1998," and substitute "1999,".

Page 57, line 4, strike "1998," and substitute "1999,";

line 15, strike "1998," and substitute "1999,";

strike lines 20 through 23;

line 24, strike "(10)" and substitute "(9)".

Page 58, line 14, strike "(11)" and substitute "(10)";

line 17, strike "(12)" and substitute "(11)";

line 21, strike "(13)" and substitute "(12)";

line 26, strike "(14)" and substitute "(13)".

Page 59, line 6, strike "(14)" and substitute "(13)";

line 8, strike "(15)" and substitute "(14)";

line 12, strike "(16)" and substitute "(15)";

line 20, strike "(17)" and substitute "(16)".

Page 63, strike line 9 and substitute the following:

"1999.".

Approp- After consideration on the merits, the committee recommends that SB 98-41 be

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

Amend printed bill, page 3, strike lines 17 through 23.

Renumber succeeding subsection accordingly.

Page 6, strike lines 14 through 20 and substitute the following:

"act.

SECTION 4. Section 24-75-302(2)(k) is amended to read:


SB 98-41


(Cont.)

24­75­302. Capital construction fund ­ capital assessment fees ­ calculation. (2) As of July 1, 1988, and July 1 of each year thereafter through July 1, 2001, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24­75­201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:

(k) On July 1, 1998, fifty million dollars plus three hundred sixteen thousand six hundred thirty­five dollars pursuant to H.B. 97­1186, enacted at the first regular session of the sixty­first general assembly, PLUS SIXTY NINE THOUSAND EIGHT HUNDRED ELEVEN DOLLARS PURSUANT TO S.B. 98-041, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FIRST GENERAL ASSEMBLY;

SECTION 5. Article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17-1-122. Appropriation to comply with section 2-2-703. (1) PURSUANT TO SECTION 2-2-703, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT S.B. 98-041, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FIRST GENERAL ASSEMBLY:

(a) FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S., TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17-1-116, C.R.S., THE SUM OF SIXTY NINE THOUSAND EIGHT HUNDRED ELEVEN DOLLARS ($69,811).

(b) FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, OUT OF MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF TWENTY THREE THOUSAND THREE HUNDRED FIFTY-TWO DOLLARS ($23,352).

(c) FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, OUT OF MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF TWENTY THREE THOUSAND THREE HUNDRED FIFTY-TWO DOLLARS ($23,352).

(d) FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, OUT OF MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF TWENTY THREE THOUSAND THREE HUNDRED FIFTY-TWO DOLLARS ($23,352).

(e) FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, OUT OF MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF TWENTY THREE THOUSAND THREE HUNDRED FIFTY-TWO DOLLARS ($23,352).".

Renumber succeeding sections accordingly.

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

riations postponed indefinitely: HB 98-1100

SIGNING OF BILLS

The President has signed: HB98-1014, 1021, 1081, 1086, 1101, 1103, 1105, 1110, 1170, 1204, 1274, 1297, 1332, and 1363.

SIGNING OF RESOLUTION

The President has signed: HJR98-1012.

INTRODUCTION OF BILLS--FIRST READING

The following bills were read by title and referred to the committees indicated:

SB 98-195 by Senators Ament and Dennis; also Representatives S. Johnson and Kaufman--Concerning the standing of political subdivisions with respect to federal law and actions or application of Colorado constitutional provisions to existing contracts.

Agriculture, Natural Resources and Energy

HB 98-1010 by Representative G. Berry; also Senator Chlouber--Concerning the regulation of electricians, and, in connection therewith, repealing the state electrical board and providing for the regulation of electricians by the director of the division of registrations.

Business Affairs and Labor

HB 98-1011 by Representatives Entz and Miller; also Senators Dennis and J. Johnson--Concerning the replacement of depletions from new withdrawals of groundwater in water division 3 that will affect the rate or direction of movement of groundwater in the confined aquifer, and, in connection therewith, authorizing the state engineer to promulgate rules that optimize the use of the groundwater and provide alternative methods to prevent injury.

Agriculture, Natural Resources and Energy

HB 98-1151 by Representatives Young and Entz; also Senator Ament--Concerning administrative functions related to the regulation of ground water, and, in connection therewith, making an appropriation.

Agriculture, Natural Resources and Energy

Appropriations

HB 98-1324 by Representative Anderson; also Senator Rizzuto--Concerning administration of the state solid waste management program, and making an appropriation in connection therewith.

Local Government

Appropriations

INTRODUCTION OF RESOLUTION

The following resolution was read by title and referred to the committee indicated:

SJR 98-21 by Senators Coffman and Mutzebaugh--Concerning elimination of the federal excise tax on gasoline and other fuels.

Transportation

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

HJR 98-1018 by Representatives Hagedorn, Agler, Clarke, May, and Tate; also Senators Schroeder, B. Alexander, Ament, Matsunaka, Wattenberg, Wells, and Wham--Concerning taxation of internet services.

(Printed in House Journal, March 17, pages 931-933.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Monday, April 6.

______________________________

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 Friday, April 3, was laid over until Monday, April 6, retaining its place on the calendar.

______________________________










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

April 6, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate
























































HB 98-1234

(Cont.)