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

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn.

Roll Call Present--Total, 32.

Absent/Excused--Lamborn--Total, 1.

Absent--Hernandez, Tebedo--Total, 2.

Present later--Hernandez, Lamborn, Tebedo.

Quorum The President announced a quorum present.

Reading of On motion of Senator Phillips, reading of the Journal of April 8th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 98-196.

Services

To the governor for signature on Wednesday, April 8, 1998, at 10:20 a.m.:

SB 98-31, 40, 66, 161.

SIGNING OF BILLS

The President has signed: SB 98-31, 40, 66, 161.

The President has signed: HB98-1050, 1089, 1090, 1102, 1157, 1236, 1271, and 1370.

MESSAGE FROM THE HOUSE

April 8, 1998

Mr. President:

The House has voted to authorize the House conferees on the First Conference Committee on SB98-076 to consider matters not at issue between the two houses.

THIRD READING OF BILL--FINAL PASSAGE

On Third Reading, the title of the following bill was publicly read, the reading at length having been dispensed with by unanimous consent:

HB 98-1401 by Rep. Grampsas; Senator Lacy--Long Appropriations Bill

A majority of those elected to the Senate having voted in the affirmative, Senator Chlouber was given permission to offer a third Reading amendment.

Third Reading Amendment No. 1, by Senator Chlouber

Amend revised bill, page 216, after line 8, insert the following:

ITEM & GENERAL CASH

SUBTOTAL FUND FUNDS

EXEMPT

"Comprehensive

Environmental

Response,

Compensation

and Liability Act 880,204 803,828 76,376(T)^f

(15.0 FTE)

Comprehensive

Environmental

Response,

Compensation

and Liability Act

Contracts¹²⁷ 1,233,976 1,233,976".

Adjust affected totals and affected (T) notation totals accordingly.

Page 218, after line 11, insert the following:

"^f This amount shall be from the Department of Public Health and Environment.".

Page 222, after line 7, insert the footnote:

"127 Department of Law, Special Purpose, Comprehensive Environmental Response, Compensation Liability Act Contracts; Department of Natural Resources, Executive Director's Office, Comprehensive Environmental Response, Compensation and Liability Act; and Department of Public Health and Environment, Hazardous Materials and Waste Management Division, Contaminated Site Cleanups -- The departments are requested to cooperate in the preparation of a report detailing each department's expenditures for CERCLA contracts. The report should include a case-by-case itemization of actual, estimated, and requested funding for personal services, contract services, operating expenses, and other costs. The report should be prepared annually and should be submitted with each department's budget request.".

Page 343, line 12, in the ITEM & SUBTOTAL column, strike "2,925,985" and substitute "3,472,146" and, in the CASH FUNDS EXEMPT column, insert "546,161(T)^b";

line 13, in the CASH FUNDS EXEMPT column, insert "(9.0 FTE)";

line 14, in the ITEM & SUBTOTAL column, strike "229,268" and substitute "246,364" and, in the CASH FUNDS EXEMPT column, insert "17,096(T)^b".

Adjust affected totals and affected (T) notation totals accordingly.

Page 344, after line 6, insert the following:

"^b These amounts shall be from the Department of Law.".

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

As amended, laid over until later in the day, Thursday, April 9.

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

of the for consideration of General Orders and Senator Chlouber 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:

SCR 98-4 by Sen. Norton; Rep. Anderson--Residential Property Tax

Laid over until Friday, April 10, retaining its place on the calendar.

HB 98-1228 by Rep. C. Berry; Sen. Powers--Refund Excess By Temp Income Rate Reduc

Laid over until Friday, April 10, at the end of the General Orders calendar.

HB 98-1152 by Rep. George; Senator Bishop--Property Tax Modifications

Laid over until Friday, April 10, to follow SCR 98-4 on the General Orders calendar.

SB 98-26 by Sen. Linkhart--Work Force Coordinating Council Changes

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, January 15, page 59.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, March 27, page 624.)

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

SB 98-30 by Sen. Thiebaut; Representative Swenson--High­Occupancy Vehicle Lanes

Laid over until Friday, April 10, retaining its place on the calendar.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, HB 98-1325 was advanced on the General Orders calendar.

______________________________

HB 98-1325 by Rep. Owen; Senator Rizzuto--Implement Children's Basic Health Plan

Amendment No. 1, Health, Environment, Welfare and Institutions Amendment

(Printed in Senate Journal, March 6, page 415.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, March 26, pages 608-610.)

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

HB 98-1203 by Rep. Smith; Sen. Perlmutter--Deceptive Practices Sale Manufact Homes

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, March 30, pages 639-640.)

Amendment No. 2, by Senator Perlmutter

Amend the Business Affairs and Labor committee amendment, as printed in the Senate Journal, March 30, 1998, page 640, line 3, strike "OR";

line 4, strike "SELLER." and substitute "SELLER, OR UPON THE FAILURE TO REFUND OR PAY A REASONABLE PER DIEM LIVING EXPENSE PURSUANT TO SUBPARAGRAPH (III) OF (qq) OF THIS SECTION.";

line 24, after "PER DIEM" insert "WHICH RELATES BACK TO THE CONTRACT DELIVERY DATE".

As amended. laid over Friday, April 10, retaining its place on the calendar.

The following bills on the General Orders calendar of Thursday, April 9, were laid over until Friday, April 10, retaining their place on the calendar:

HB 98-1234; SB 98-166, 98-177; HB 98-1306, 98-1256; SB 98-188; HB 98-1402; SB 98-170; HB 98-1189; SB 98-53, 98-41, 98-154, 98-158, 98-29, 98-62, 98-22, 98-68, 98-152, 98-38.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

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

SB 98-26 as amended; HB 98-1325 as amended, declared passed on Second Reading.

SCR 98-4; SB 98-30; HB 98-1234; SB 98-166, 98-177; HB 98-1306, 98-1256; SB 98-188; HB 98-1402; SB 98-170; HB 98-1189; SB 98-53, 98-41, 98-154, 98-158, 98-29, 98-62, 98-22, 98-68, 98-152, 98-38, laid over until Friday, April 10, retaining their place on the calendar.

HB 98-1203 as amended, laid over until Friday, April 10, retaining its place on the calendar..

HB 98-1152, laid over until Friday, April 10, to follow SCR 98-4.

HB 98-1228, laid over until Friday, April 10, at the end of the General Orders calendar.

THIRD READING OF BILL--FINAL PASSAGE

On Third Reading, the title of the following bill was publicly read, the reading at length having been dispensed with by unanimous consent:

HB 98-1401 by Rep. Grampsas; Senator Lacy--Long Appropriations Bill

(Amended on Third Reading as printed in Senate Journal, April 9, pages 737-738.)

A majority of those elected to the Senate having voted in the affirmative, Senator Lacy was given permission to offer a third Reading amendment.

Third Reading Amendment No. 1, by Senator Lacy

Amend revised bill, page 25, line 4, in the GENERAL FUND column, insert "31,748" and, in the CASH FUNDS EXEMPT column, strike "31,748^d".

Adjust affected totals accordingly.

Page 25, strike line 10.

Page 26, line 6, in the GENERAL FUND column, strike "54,257,867" and substitute "54,543,706" and, in the CASH FUNDS EXEMPT column, strike "15,839^b".

Adjust affected totals accordingly.

Page 26, strike line 10.

Page 27, line 10, in the GENERAL FUND column, strike "12,959,894" and substitute "13,051,661" and, in the CASH FUNDS EXEMPT column, strike "91,767^a".

Adjust affected totals accordingly.

Page 27, strike line 12.

Page 28, line 4, in the GENERAL FUND column, strike "78,721,584^a" and substitute "78,747,360^a" and, in the CASH FUNDS EXEMPT column, strike "25,776^b".

Adjust affected totals accordingly.

Page 28, strike line 8.

Page 29, line 11, in the GENERAL FUND column, insert "272,430" and, in the CASH FUNDS EXEMPT column, strike "272,430^b".

Adjust affected totals accordingly.

Page 29, strike line 15.

Page 30, line 14, in the GENERAL FUND column, strike "12,255,185" and substitute "14,406,155" and, in the CASH FUNDS EXEMPT column, strike "2,150,970^a".

Adjust affected totals accordingly.

Page 31, strike line 1.

Page 32, line 2, in the GENERAL FUND column, strike "10,586,889" and substitute "10,943,989" and, in the CASH FUNDS EXEMPT column, strike "357,100^a".

Adjust affected totals accordingly.

Page 32, strike line 4;

line 11, in the GENERAL FUND column, strike "8,159,526" and substitute "8,250,993" and, in the CASH FUNDS EXEMPT column, strike "91,467^a".

Adjust affected totals accordingly.

Page 32, strike line 13.

Page 35, line 1, in the GENERAL FUND column, insert "22,038" and, in the CASH FUNDS EXEMPT column, strike "22,038^c".

Adjust affected totals accordingly.

Page 35, strike line 9.

Page 36, line 1, in the GENERAL FUND column, strike "1,085,579" and substitute "1,134,694" and, in the CASH FUNDS EXEMPT column, strike "49,115^a".

Adjust affected totals accordingly.

Page 36, strike line 3;

line 10, in the GENERAL FUND column, strike "1,382,317" and substitute "1,395,712" and, in the CASH FUNDS EXEMPT column, strike "13,395^a".

Adjust affected totals accordingly.

Page 36, strike line 12.

Page 37, line 5, in the GENERAL FUND column, strike "1,155,121" and substitute "1,169,586" and, in the CASH FUNDS EXEMPT column, strike "14,465^a".

Adjust affected totals accordingly.

Page 37, strike line 7;

line 15, in the GENERAL FUND column, strike "2,876,032" and substitute "3,254,792" and, in the CASH FUNDS EXEMPT column, strike "428,132^a" and substitute "49,372^a".

Adjust affected totals accordingly.

Page 38, strike line 2, and substitute the following:

"^a This amount shall be from sales revenues earned by Correctional Industries.";

line 11, in the GENERAL FUND column, strike "1,552,631" and substitute "1,566,446" and, in the CASH FUNDS EXEMPT column, strike "13,815^a".

Adjust affected totals accordingly.

Page 38, strike line 13.

Page 39, line 7, in the GENERAL FUND column, insert "601,280" and, in the CASH FUNDS EXEMPT column, strike "601,280^b".

Adjust affected totals accordingly.

Page 39, strike line 11;

Page 40, line 3, in the GENERAL FUND column, strike "1,570,468" and substitute "1,981,325" and, in the CASH FUNDS EXEMPT column, strike "410,857^a".

Adjust affected totals accordingly.

Page 40, strike line 5.

Page 41, line 9, in the GENERAL FUND column, insert "23,212" and, in the CASH FUNDS EXEMPT column, strike "23,212^d".

Adjust affected totals accordingly.

Page 42, strike line 3.

Page 45, line 5, in the GENERAL FUND column, strike "4,582,987" and substitute "4,598,375" and, in the CASH FUNDS EXEMPT column, strike "15,388^a".

Adjust affected totals accordingly.

Page 45, strike line 7.

Page 46, line 7, in the GENERAL FUND column, strike "3,452,827" and substitute "3,578,852" and, in the CASH FUNDS EXEMPT column, strike "126,025^a".

Adjust affected totals accordingly.

Page 46, strike line 9.

Page 47, line 6, in the GENERAL FUND column, insert "18,100" and, in the CASH FUNDS EXEMPT column, strike "18,100^b".

Adjust affected totals accordingly.

Page 47, strike line 10.

Page 131, line 6, strike "Grants^{71, 71a}" and substitute "Grants⁷¹", in the ITEM & SUBTOTAL column, strike "177,523,512" and substitute "174,523,512", and, in the GENERAL FUND column, strike "19,530,598" and substitute "16,530,598".

Adjust affected totals accordingly.

Page 166, strike lines 7 through 9.

Page 329, line 1, strike "SERVICES^{167, 168, 168a}" and substitute "SERVICES^{167, 168}";

line 5, in the ITEM & SUBTOTAL column, strike "1,653,805" and substitute "947,176", in the GENERAL FUND column, strike "986,492(M)" and substitute "748,923(M)", and, in the FEDERAL FUNDS column, strike "667,313^a" and substitute "198,253^a";

line 9, in the ITEM & SUBTOTAL column, strike "455,456" and substitute "234,345", in the GENERAL FUND column, strike "308,682" and substitute "234,345", and, in the FEDERAL FUNDS column, strike "146,774^b";

line 12, in the ITEM & SUBTOTAL column, strike "8,542,680" and substitute "4,395,454", in the GENERAL FUND column, strike "5,789,751" and substitute "4,395,454", and, in the FEDERAL FUNDS column, strike "2,752,929^b".

Page 330, line 5, in the ITEM & SUBTOTAL column, strike "106,262" and substitute "54,675", in the GENERAL FUND column, strike "72,019" and substitute "54,675", and, in the FEDERAL FUNDS column, strike "34,243^b".

Adjust affected totals accordingly.

Page 330, strike lines 9 through 11, and substitute the following:

"^a These amounts shall be from the Maternal and Child Health Block Grant.";

Page 363, strike lines 13 through 15.

Call of Call of Senate.

Senate

Call Raised.

The amendment was adopted by the following roll call vote:

YES 25		NO 9		EXCUSED 0		ABSENT 1
Alexander	Y	Feeley	N	Mutzebaugh	YE	Tanner	N
Ament	Y	Hernandez	Y	Pascoe	N	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	N	Thiebaut	N
Bishop	YY	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	A
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 those elected to the Senate having voted in the affirmative, Senator Reeves was given permission to offer a third Reading amendment.

Third Reading Amendment No. 2, by Senator Reeves

Amend the Lacy floor amendment , as printed in Senate Journal, April 9, page 742, strike lines 54 through 61 and substitute the following:

Page 131, line 6, in the ITEM & SUBTOTAL column, strike "177,523,512" and substitute "175,523,512", and, in the GENERAL FUND column, strike "19,530,598" and substitute "16,530,598", and, in the CASH FUNDS EXEMPT, strike "36,494,689^a" and substitute "37,494,689^a".

Adjust affected totals accordingly.

Page 132, line 1, strike "funds and" and substitute "funds,";

line 2, strike "refunds." and substitute "refunds, and $1,000,000 shall be from reserves in the Department of State cash fund.".

Page 166, line 8, strike "General Fund, three million dollars ($3,000,000)" and substitute "Department of State Cash Fund, one million dollars ($1,000,000)".

Less than a majority of all members elected to the Senate having voted in the affirmative, the amendment was declared lost.

HB 98-1401 Laid over until Monday, April 13., retaining its place on the calendar.

(Cont.)

______________________________

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 Thursday, April 9, was laid over until Monday, April 13, retaining its place on the calendar.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the calendar of Friday, April 9, was laid over until Monday, April 13.

______________________________

COMMITTEE OF REFERENCE REPORTS

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

Environment, referred favorably to the Committee of the Whole: HB 98-1379

Welfare and

Institutions

Approp- After consideration on the merits, the committee recommends that SB 98-21 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 2, after line 4, insert the following:

"SECTION 2. Exception to the requirements of section 2­2­703, Colorado Revised Statutes. The general assembly hereby finds that the amendments to section 18­1­105 (9), Colorado Revised Statutes, enacted in this act will result in a minor fiscal impact equaling less than the construction and operation costs of one additional prison bed during the five years following passage of the act. Because of the relative insignificance of this degree of fiscal impact, these amendments constitute an exception to the five­year appropriation requirement specified in section 2­2­703, Colorado Revised Statutes.

SECTION 3. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".

Renumber succeeding sections accordingly.

Approp- After consideration on the merits, the committee recommends that SB 98-10 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 14, strike line 8 through line 18 and substitute the following:

"SECTION 2. Appropriation - adjustments to the 1998 long bill. (1) 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:

(a) The appropriation made to the department of public health and environment, water quality control division, administration, out of moneys in the water quality control fund not otherwise appropriated, is increased by eighty-seven thousand one hundred thirty dollars ($87,130). Of said sum, fifty-four thousand two hundred twenty-six dollars ($54,226) and 1.0 FTE shall be for personal services, and thirty-two thousand nine hundred four dollars ($32,904) shall be for operating expenses.

(b) The appropriation made to the department of public health and environment, water quality control division, special purpose, industrial pretreatment program, out of moneys in the water quality control fund not otherwise appropriated, is increased by eight thousand six hundred thirty-nine dollars ($8,639).

(c) The appropriation made to the department of public health and environment, water quality control division, special purpose, stormwater permitting program, out of moneys in the water quality control fund not otherwise appropriated, is increased by one thousand seventy-three dollars ($1,073).".

Approp- After consideration on the merits, the committee recommends that SB 98-182 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 5, strike lines 19 through 23, and substitute the following:

"SUCH STUDY AND REPORT PREPARATION. UNDER ANY SUCH CONTRACT OR SERVICE AGREEMENT, THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT MAY PURCHASE APPROVED REMOTE SENSING AND SUPPORT EQUIPMENT OR AUTHORIZE THE USE OF A QUALIFIED CONTRACTOR OR CONTRACTORS TO PURCHASE APPROVED REMOTE SENSING AND SUPPORT EQUIPMENT FOR USE IN THE CLEAN SCREEN PROGRAM. THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND ANY SUCH CONTRACTOR MAY CHARGE A FEE NOT TO EXCEED FIFTEEN DOLLARS OR SUCH LESSER AMOUNT AS ESTABLISHED BY AND POSTED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND ANY SUCH CONTRACTOR TO THE OWNER OF EACH VEHICLE VOLUNTARILY INSPECTED UNDER THE CLEAN SCREEN PROGRAM.".

Page 7, line 23, strike "(1) and (2)," and substitute "(1), (2), and (3) (a),".

Page 8, after line 18, insert the following:

"(3) (a)  Prior to termination, continuation, or reestablishment of the program DECEMBER 31, 2001, a committee of reference in each house of the general assembly shall hold a JOINT public hearing, receiving testimony from the public, the executive directors of the departments of revenue and public health and environment, the chairperson of the air quality control commission, and the air pollution control division of the department of public health and environment.";

line 19, strike "Appropriation." and substitute "Appropriation - adjustment in 1998 long bill. (1)";

strike line 25, and substitute the following:

"sum of ninety thousand dollars ($90,000) for personal services, or so";

line 26, strike "for the implementation of the Weld".

Page 9, line 1, strike "county portion of the clean screen program and".;

after line 2, insert the following:

"(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 1998, shall be adjusted as follows:

(a) The appropriation to the Department of Revenue, for vehicle emissions, is decreased by two thousand seven hundred twenty-five dollars ($2,725). This amount shall be from cash funds exempt from the Automobile Inspection and Readjustment Account.".

Approp- After consideration on the merits, the committee recommends that SB 98-4 be

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

Amend the Health, Environment, Welfare and Institutions Committee amendment, as printed in the Senate Journal, February 12, page 218, line 51, strike "SAFETY."." and substitute "SAFETY."

after line 51, insert the following:

"SECTION 3. No Appropriation. The General Assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the provisions of this act.".

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1272

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

Affairs postponed indefinitely: HB 98-1010

and Labor

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

Affairs postponed indefinitely: HB 98-1142

and Labor

MESSAGE FROM THE HOUSE

April 9, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes

HB98-1003, amended as printed in House Journal, January 30, page 298;

HB98-1006, amended as printed in House Journal, April 8, page 1243;

HB98-1070, amended as printed in House Journal April 8, pages 1243-1244;

HB98-1217, amended as printed in House Journal April 8, page 1244;

HB98-1382, amended as printed in House Journal April 8, pages 1244-1245;

HB98-1406, amended as printed in House Journal April 8, page 1242;

SB98-008, amended as printed in House Journal April 8, pages 1241-1242 and previously on March 18, House Journal page 952. Re-referred during Third Reading (March 20, House Journal page 986).

INTRODUCTION OF CONCURRENT RESOLUTION--FIRST READING

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

SCR 98-6 by Senator Thiebaut--Submitting to the registered electors of the state of Colorado an amendment to article VI of the constitution of the state of Colorado, concerning judicial officers, and, in connection therewith, prohibiting any justice or judge from being retained by election for more than two consecutive full terms, limiting the length of any full term of office for a justice or judge to four years, and eliminating a justice of the supreme court from the position of chair of judicial nominating commissions.

Judiciary

Appropriations

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

SJR 98-23 by Senators Ament, Chlouber, Hopper, Powers, and Wattenberg; also Representatives Entz, George, Miller, and Taylor--Concerning disapproval of the kyoto protocol on global warming.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Friday, April 10.

TRIBUTES--A POINT OF INTEREST

Honoring Bryon Syring by Senator Dennis

Honoring Roy D. Ratzlaff by Senator Dennis

Honoring the Pueblo County United Way by Senator Dennis and Representative Lawrence

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

April 13, 1998.

Approved:

Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate