Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Rabbi Stanley M. Wagner.
Roll Call Present--Total, 30.
Absent/Excused--Lacy, Martinez, Matsunaka, Perlmutter--Total, 4.
Absent--Mutzebaugh--Total, 1.
Present later--Lacy, Mutzebaugh.
Quorum The President announced a quorum present.
Reading of On motion of Senator Reeves, reading of the Journal of April 14th was dispensed with
Journal and the Journal stands approved as corrected
by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 98-197.
Services
Correctly engrossed: SB 98-10, 21, 22, 29, 41, 53,
152, 154.
Correctly revised: HB 98-1189, 1402.
To the governor for signature on Tuesday, April 14, 1998, at 3:00 p.m:
SB 98-2, 93, 114, 136, 151, 172.
COMMITTEE OF REFERENCE REPORTS
Business The Committee on Business Affairs and Labor has had under consideration and has had a
Affairs hearing on the following appointments and recommends that the appointments be
and Labor confirmed:
COLORADO
RACING COMMISSION
for a term expiring July 1, 2000:
Dan Prinster of Grand Junction, to serve as a Democrat
from the Third Congressional District and a registered elector
of the state;
for a term expiring July 1, 2001:
Michael B. Johnson of Littleton, Colorado, to serve
as a Democrat from the Fifth Congressional District and as a member
engaged in business in a managementlevel capacity, reappointed.
Business The Committee on Business Affairs and Labor has had under consideration and has had a
Affairs hearing on the following appointments and recommends that the appointments be
and Labor confirmed:
WORKERS' COMPENSATION COST
CONTAINMENT BOARD
for a term expiring December 13, 1999:
Diane M. Miller of Fountain, Colorado, to serve as
an executive with risk management experience and to fill a vacancy
occasioned by the resignation of Charlotte A. MacGuffie, appointed;
for terms effective December 13, 1997 and expiring
December 13, 2000:
Jerry L. Mosley of Golden, Colorado, to serve as
a representative of an employer who has demonstrated good risk
management experience with respect to their workers' compensation
insurance, reappointed;
Christopher B. Peck of Lakewood, Colorado, to serve
as representative of an employer who has demonstrated good risk
management experience with respect to their workers' compensation
insurance, reappointed.
Business After consideration on the merits, the committee recommends that HB 98-1391 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend reengrossed bill, page 2, line 17, strike "INSURANCE";
line 18, strike "COVERAGE" and substitute
"BENEFIT PLAN".
Business After consideration on the merits, the committee recommends that HB 98-1058 be
Affairs amended as follows and, as so amended, be referred to the Committee on Appropriations
and Labor with favorable recommendation:
Amend reengrossed bill, page 18, strike lines 14
through 22 and substitute the following:
"SECTION 4. 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 SB 98-193 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 4, after line 5 insert the
following:
"SECTION 2. 1-12-203 (3),
Colorado Revised Statutes, is amended to read:
1-12-203. Vacancies
in general assembly. (3) The vacancy
committee, by a majority vote of its members present and voting
at a meeting called for that purpose, shall select a person who
possesses the constitutional qualifications for a member of the
general assembly and who is affiliated with the same political
party, if any, shown on the registration books of the county clerk
and recorder as the former member whose seat is vacant. No meeting
shall be held until a quorum is present consisting of two-thirds
NOT LESS THAN ONE-HALF of the voting membership of the vacancy
committee. No member of the vacancy committee may vote by proxy.
The committee shall certify the selection to the secretary of
state within ten days from the date the vacancy occurs. If the
vacancy committee fails to certify a selection within ten days,
the governor, within five days, shall fill the vacancy by appointing
a person having the qualifications set forth in this subsection
(3). The name of the person selected or appointed shall be certified
to the secretary of state, who shall certify the name to the appropriate
house of the general assembly. The person, after having qualified
and taken the oath of office, shall immediately assume the duties
of office and shall serve until the next convening of the general
assembly following the election certification and qualification
of a successor.".
Renumber succeeding section accordingly.
State, After consideration on the merits, the committee recommends that HB 98-1099 be
Veterans, amended as follows and, as so amended, be referred to the Committee on Appropriations and Military with favorable recommendation:
Affairs
Amend reengrossed bill, page 4, line 10, strike "MAY"
and substitute "SHALL";
HB 98-1099
(Cont.)
line 11, after "AGENCY", insert "THAT
CHOOSES TO IMPLEMENT MANAGED COMPETITION";
strike lines 13 and 14 and substitute the following:
"MANAGEMENT, NONMANAGEMENT EMPLOYEES, AND STATE
EMPLOYEE ORGANIZATIONS, AS FULL PARTNERS. THE";
line 17, strike "MAY" and substitute "SHALL";
line 18, strike "THE DISCUSSION AND FORMULATION"
and substitute "ALL STAGES OF THE CONSIDERATION AND IMPLEMENTATION";
strike line 26 and substitute the following:
"PROPOSALS AND THE STATE AGENCY PROVIDES WRITTEN
DOCUMENTATION AND OTHER RELEVANT DATA EVIDENCING THAT SUCH MEASURES
HAVE NOT IMPROVED OPERATIONS, REDUCED COSTS, OR CHANGED THE AGENCY'S
ABILITY TO BE COMPETITIVE WITH THE PRIVATE SECTOR IN THE PROVISION
OF SUCH PERSONAL SERVICES;".
Page 5, strike lines 20 and 21 and substitute the
following:
"SHALL SOLICIT INPUT FROM THE LABORMANAGEMENT
COOPERATION COUNCIL ORGANIZED WITHIN THE STATE AGENCY.";
line 22, strike "OF THE PROPOSAL.";
after line 25, insert the following:
"(b) THE AGENCY PROPOSAL SHALL INCLUDE,
IN ADDITION TO ANY OTHER INFORMATION REQUIRED OR REQUESTED BY
THE COMMISSION, THE FOLLOWING DETERMINATIONS:
(I) A COSTBENEFIT ANALYSIS COMPARISON
THAT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE COLLECTION AND
ANALYSIS OF THE TOTAL FIXED, VARIABLE, DIRECT, AND INDIRECT COSTS
OF THE GOVERNMENTAL OPERATION, THE PRIVATE CONTRACTOR OPERATION,
THE REENGINEERING OF THE CURRENT GOVERNMENTAL OPERATION. AS USED
IN THIS SUBPARAGRAPH (I), "COSTS" INCLUDE, BUT
ARE NOT LIMITED TO:
(A) FACILITY AND EQUIPMENT MAINTENANCE;
(B) DEPRECIATION AND REPLACEMENT COSTS;
(C) INFLATIONADJUSTED COSTS, WHERE
COMPARISON TO PAST YEARS IS BEING CONDUCTED;
(D) TRANSITION COSTS ASSOCIATED WITH SHIFTING
THE SERVICE DELIVERY FROM THE GOVERNMENT AGENCY TO A PRIVATE CONTRACTOR
OR ANY COSTS ASSOCIATED WITH CONVERTING THE PROVISION OF GOVERNMENT
SERVICES TO A PERSONAL SERVICES CONTRACT PERFORMED BY A BUSINESS
UNIT;
(E) COSTS OF MONITORING, EVALUATING, AND
ENFORCING THE CONTRACT;
(F) COST OF RESUMING GOVERNMENT OPERATION
OF THE SERVICE IF THE PRIVATIZATION EFFORT FAILS;
(G) COST OF TRAINING STATE EMPLOYEES AND
THEIR REPRESENTATIVES ON THE BIDDING PROCESS; AND
(H) PERSONNEL COSTS SUCH AS THOSE PROVIDING
FOR BENEFITS, EARLY RETIREMENTS, RETRAINING, AND RELOCATION TO
ANOTHER POSITION.
(II) REVIEW AND EVALUATION OF THE STAFF
CAPACITY, RESOURCES, AND EXPERTISE IN THE AGENCY TO MONITOR THE
CONTRACT; AND
HB 98-1099
(Cont.)
(III) A PROCESS FOR MONITORING, EVALUATING,
AND ENFORCING A CONTRACT WITH A PRIVATE CONTRACTOR THAT WILL INCLUDE,
BUT NOT BE LIMITED TO:
(A) DEVELOPMENT OF A METHOD FOR ONGOING,
COMPREHENSIVE PERFORMANCE EVALUATION OF THE PRIVATE CONTRACTOR;
(B) ESTABLISHMENT OF PERFORMANCE CRITERIA
AND STANDARDS TO EVALUATE THE PRIVATE CONTRACTOR; AND
(C) THE DEVELOPMENT AND IMPLEMENTATION
OF A DETAILED COSTBENEFIT ANALYSIS COMPARISON FORMAT THAT
WOULD ENSURE A THREEWAY COMPARISON OF THE CURRENT GOVERNMENT
OPERATION, THE PRIVATE CONTRACTOR OPERATION, AND A REENGINEERING
OF THE CURRENT OPERATION TO PROVIDE THE SERVICE WITH STATE EMPLOYEES.".
Reletter succeeding paragraphs accordingly.
Page 10, strike lines 17 and 18 and substitute the
following:
"CONSULTATION WITH THE LABOR MANAGEMENT COUNCIL,
THAT THE BALANCE OF THE".
Page 12, strike lines 20 through 23 and substitute
the following:
"(16) A BUSINESS UNIT AND ITS EMPLOYEES
SHALL HAVE THE SAME APPEAL RIGHTS AS A PRIVATE BUSINESS."
.
Page 13, strike lines 1 through 4 and substitute
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 personnel, for the fiscal year beginning
July 1, 1998, the sum of five hundred thousand dollars ($500,000)
or so much thereof as may be necessary, for the implementation
of this act.".
Page 1, line 102, strike "GOVERNMENT."
and substitute "GOVERNMENT, AND MAKING AN APPROPRIATION IN
CONNECTION THEREWITH.".
MESSAGE FROM THE REVISOR
April 14, 1998
We herewith transmit:
without comment, as amended, HB98-1202, 1387, and
1403; and,
with comment, as amended, HB98-1255.
______________________________
On motion of Senator Bishop, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of SR 98-9.
______________________________
CONSIDERATION OF RESOLUTION
SR 98-9 by Sen. Bishop--Gratitude to Rabbi Stanley M Wagner
(Printed in Senate Journal, April 14, pages 769-770.)
On motion of Senator Bishop, the Resolution was ADOPTED by the following roll call vote:
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | YE | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | E | Thiebaut | Y |
Bishop | YY | 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 | E | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | E | Schroeder | Y |
SR 98-9 Co-sponsors added: Alexander, Ament, Arnold, Blickensderfer, Chlouber, Coffman,
(Cont.) Congrove, Dennis, Feeley, Hernandez, Hopper,
Johnson, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Mutzebaugh,
Pascoe, Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert,
Schroeder, Tanner, Tebedo, Thiebaut, Wattenberg, Weddig, Wells,
Wham.
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 98-1189 by Rep. Entz; Senator Bishop--Colo Water
Conservation Board Projects
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | E | 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 | E | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | E | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsors added: Dennis, Tebedo.
HB 98-1402 by Rep. Grampsas; Senator Lacy--Capital
Construction Fund Transfers
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | E | 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 | E | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | E | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
SB 98-53 by Sen. Dennis; Rep. Entz--Waste Disposal
By Special Dists
The question being "Shall the bill pass?" the roll was called with the following result:
YES 29 | NO 3 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | E | 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 | E | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | E | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsor added: Weddig
SB 98-41 by Sen. Rupert; Rep. Tate--Female Genital
Mutilation
The question being "Shall the bill pass?" the roll was called with the following result:
YES 31 | NO 1 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | E | 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 | E | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | E | 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, Hopper, Johnson, Linkhart,
Phillips, Tanner, Tebedo, Weddig.
SB 98-154 by Sen. Linkhart; Rep. Alexander--Child
Care Tax Credit
The question being "Shall the bill pass?" the roll was called with the following result:
YES 28 | NO 4 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | N | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | E | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | Y | Powers | N | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | N | Martinez | E | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | E | Schroeder | N |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsors added: Bishop, Dennis, Hernandez, Phillips,
Rupert, Tanner, Weddig.
SB 98-29 by Sen. Weddig; Representative Epps--Changes
To Aid To Needy Disabled Program
The question being "Shall the bill pass?" the roll was called with the following result:
YES 27 | NO 5 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | E | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
N | 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 | E | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | E | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
SB 98-22 by Sen. Tanner; Rep. George--Juror Travel
Benefits Reimbursement
The question being "Shall the bill pass?" the roll was called with the following result:
YES 30 | NO 2 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | E | 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 | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | E | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | E | Schroeder | N |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsor added: Rupert
SB 98-152 by Sen. Wattenberg; Rep. George--Study
Electric Utility Restructuring
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | E | 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 | E | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | E | 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, Bishop, Dennis, Hernandez,
Johnson, Norton, Rizzuto, Schroeder, Tebedo.
SB 98-21 by Sen. Hernandez; Rep. Mace--Vehicular
Homicide Penalty
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | E | 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 | E | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | E | 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, Bishop, Coffman, Congrove,
Mutzebaugh, Norton, Schroeder, Tebedo.
SB 98-10 by Sen. Ament; Rep. George--Water Quality
Permit Fees
The question being "Shall the bill pass?" the roll was called with the following result:
YES 27 | NO 5 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | N | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | Y | Hopper | Y | Perlmutter | E | 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 | E | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | E | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Committee On motion of Senator Bishop, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Bishop 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:
SB 98-182 by Sen. Norton; Rep. Anderson--Continued
Operation Of AIR Program
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, March 27, page 624.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 9, page 745.)
Amendment No. 3, by Senators Schroeder and Norton
Amend printed bill, page 4, strike lines 7 and 8,
and substitute the following:
"purchase or lease price. In
no event shall the contract NO CONTRACT
for the purchase of such instruments SHALL extend beyond December
31, 2001
2019. ON AND AFTER JANUARY 1, 2002, AND UNTIL DECEMBER 31, 2019,
EACH CONTRACT FOR THE PURCHASE OF SUCH INSTRUMENTS SHALL HAVE
A TERM OF NO MORE THAN FIVE YEARS AND SHALL BE SUBJECT TO REBIDDING
UNDER THE PROVISIONS OF THIS PARAGRAPH (a).";
line 9, strike "the" and substitute "the
ANY";
strike line 10, and substitute the following:
"extend beyond December 31, 2001
2019. ON AND AFTER JANUARY 1, 2002, AND UNTIL DECEMBER 31, 2019,
ANY CONTRACT FOR INSPECTION SERVICES SHALL HAVE A TERM OF NO MORE
THAN FIVE YEARS AND SHALL BE SUBJECT TO REBIDDING UNDER THE PROVISIONS
OF THIS PARAGRAPH (b).".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 98-4 by Sen. Norton; Rep. G. Berry--Apply Clean
Air Rules To Public Property
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, February 12, pages 217-218.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 9, pages 745-746.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
______________________________
On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, HB 98-1228 was advanced on the General Orders calendar.
______________________________
HB 98-1228 by Rep. C. Berry; Sen. Powers--Refund
Excess By Temp Income Rate Reduc
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, March 26, page 608.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
______________________________
On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, HB 98-1256 was advanced on the General Orders calendar.
______________________________
HB 98-1256 by Rep. Anderson; Senator Wham--Retain Excess Revs For Gov Needs
(Amended in Special Orders as printed in Senate Journal,
March 30, pages 651-657 and pages 657-658 and as amended in General
Orders as printed in Senate Journal, March 31, pages 671-672.)
Amendment No. 1, by Senator Wham
Strike the Wham and Schroeder amendment, as printed
in Senate Journal, March 31, page 671, lines 58 through 72, and
page 672, lines 1 through 18.
Strike the Wattenberg amendment, as printed in Senate
Journal, March 30, page 654, lines 47 through 72, and page 655,
line 1.
Strike the Wells amendment, as printed in Senate
Journal, March 30, page 656, lines 59 through 72, and page 657,
lines 1 through 13.
Amend reengrossed bill, page 2, line 18, strike "ONE
HUNDRED EIGHTY" and substitute "TWO HUNDRED".
Page 3, line 15, strike "ONE HUNDRED EIGHTY"
and substitute "TWO HUNDRED".
Page 4, strike lines 25 and 26 and substitute the
following:
"BE ALLOCATED IN THE FOLLOWING PERCENTAGES:
(a) FIFTYFIVE PERCENT OF THE REVENUES
FROM THE STATE EXCESS REVENUE TRUST FUND TO THE HIGHWAY USERS
TAX FUND CREATED IN SECTION 434201 (1) (a), C.R.S.;
(b) THIRTY PERCENT OF THE REVENUES FROM
THE STATE EXCESS REVENUE TRUST FUND TO THE SCHOOL CONSTRUCTION
AND RENOVATION FUND CREATED IN SECTION 2243.7103,
C.R.S., AS ENACTED BY HOUSE BILL 981231, ENACTED AT THE
SECOND REGULAR SESSION OF THE SIXTYFIRST GENERAL ASSEMBLY;
(c) FIFTEEN PERCENT OF THE REVENUES FROM
THE STATE EXCESS REVENUE TRUST FUND TO THE HIGHER EDUCATION ACCOUNT
OF THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 2475302.".
Page 5, strike lines 1 and 2.
Page 8, line 22, strike "ONE HUNDRED EIGHTY"
and substitute "TWO HUNDRED".
Page 9, strike lines 6 and 7 and substitute the following:
"EXCESS REVENUES FOR THESE PURPOSES, SPECIFYING
THE ALLOCATION OF SUCH EXCESS REVENUES FOR THESE PURPOSES,";
line 8, strike "FIVEYEAR PERIOD,".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
The following bills on the General Orders calendar
of Wednesday, April 15, were laid over until Thursday, April 16,
retaining their place on the calendar:
SB 98-62, 98-68, 98-138, 98-170; HB 98-1379; SB 98-79;
HB 98-1396; SB 98-184; HB 98-1390, 98-1144; SB 98-139, 98-94,
98-20, 98-24; HB 98-1112; SB 98-185; HB 98-1272; SCR 98-4; HB
98-1152, 98-1203; SB 98-166; HB 98-1306; SB 98-30, 98-158.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Bishop, 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 98-182 as amended, 98-4 as amended; HB 98-1228 as amended, 98-1256 as amended, declared passed on Second Reading.
SB 98-62, 98-68, 98-138, 98-170; HB 98-1379; SB 98-79;
HB 98-1396; SB 98-184; HB 98-1390, 98-1144; SB 98-139, 98-94,
98-20, 98-24; HB 98-1112; SB 98-185; HB 98-1272; SCR 98-4; HB
98-1152, 98-1203; SB 98-166; HB 98-1306; SB 98-30, 98-158, laid
over until Thursday, April 16, retaining their place on the calendar.
CONFERENCE COMMITTEES GRANTED FURTHER POWERS
HB 98-1062 by Rep. Paschall; Senator Arnold--Select
Independnt Work Comp Med Examiner
Senator Arnold moved that the Senate Conferees on
the First Conference Committee on HB 98-1062 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.
HB 98-1293 by Rep. Clarke; Sen. Congrove--Veteran
Public Job Preferences
Senator Congrove moved that the Senate Conferees
on the First Conference Committee on HB 98-1293 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.
COMMITTEE OF REFERENCE REPORTS
Judiciary After consideration on the merits, the
committee recommends that SB 98-190 be amended as follows
and, as so amended, be referred to the Committee of the Whole
with favorable recommendation:
Amend printed bill, page 30, after line 17, insert
the following:
"SECTION 57. 2490107 (3)
(c) (III) (A), Colorado Revised Statutes, is amended to read:
2490107. Method of establishment.
(3) (c) (III) (A) Subject to the provisions
of subsubparagraphs (B) and (C) of this subparagraph (III),
the board of county commissioners of each county having territory
within the library service area of the proposed library district
shall pay no less than fifty percent of the costs of the election
for such library district if the petition submitted pursuant to
subsection (1) of this section contains signatures by registered
electors residing in the proposed library district in an amount
equal to at least five percent of the total number of votes cast
of any
IN EVERY precinct in the proposed library district for all candidates
for the office of secretary of state at the previous general election.".
Renumber succeeding section accordingly.
Judiciary After consideration on the merits, the
committee recommends that HB 98-1183 be amended as follows
and, as so amended, be referred to the Committee of the Whole
with favorable recommendation:
Amend reengrossed bill, page 10, line 9, strike "NOTWITHSTANDING
ANY OTHER";
strike line 10 and substitute the following:
"ACCESS TO INFORMATION";
line 13, strike "RESPONSIBILITIES." and
substitute "RESPONSIBILITIES, UNLESS OTHERWISE ORDERED BY
THE COURT FOR GOOD CAUSE SHOWN.".
MESSAGES FROM THE HOUSE
April 15, 1998
Mr. President:
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1133, amended as printed in House Journal, April 14, page 1302;
HB98-1408, amended as printed in House Journal, April 14, page 1303;
HB98-1409, amended as printed in House Journal, April
14, page 1303.
April 15, 1998
Mr. President:
The House has voted not to concur in the Senate amendments
to HB98-1401 and requests that a conference committee be appointed.
The Speaker has appointed Representatives Grampsas, chairman,
Owen, and Romero as House conferees on the First Conference Committee
on HB98-1401. The House has granted authorization to go beyond
the scope of the differences. The bill is transmitted herewith.
APPOINTMENTS TO CONFERENCE COMMITTEES
HB 98-1312 by Rep. Pfiffner; Senator Blickensderfer--State
Employee Compensation Law
The President appointed Senators Blickensderfer,
Chairman, Lamborn and Phillips as Senate Conferees on the First
Conference Committee on HB 98-1312.
HB 98-1401 by Rep. Grampsas; Senator Lacy--Long Appropriations
Bill
The President appointed Senators Lacy, Chairman,
Blickensderfer and Rizzuto as Senate Conferees on the First Conference
Committee on HB 98-1401.
______________________________
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 Wednesday, April 15, was laid over until Thursday, April 16, retaining its place on the calendar.
______________________________
APPOINTMENTS TO CONFERENCE COMMITTEE
HB 98-1016 by Rep. T. Williams; Senator Schroeder--Regulation
Of Architects
The President appointed Senators Schroeder, Chairman,
Bishop and Pascoe as Senate Conferees on the First Conference
Committee on HB 98-1016.
TRIBUTES--A POINT OF INTEREST
Honoring Crossroads of the Rockies by Senators Arnold,
Alexander and Linkhart
Memorializing Ron Halsey by Senator Bishop and Representatives
Smith and G. Berry
JOURNAL CORRECTION
Senate Journal, April 9, page 740, line 48, strike
"54,257,867" and substitute "54,527,867".
On motion of Senator Wells, the Senate adjourned until 9:00 a.m., Thursday,
April 16, 1998.
Approved:
Tom Norton
President of the Senate
Attest:
Joan M. Albi
Secretary of the Senate