This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

107th Legislative Day Thursday, April 23, 1998


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--Congrove, Pascoe, Perlmutter--Total, 3.

Present later--Congrove, Pascoe, Perlmutter.

Quorum The President announced a quorum present.

Reading of On motion of Senator Arnold, reading of the Journal of April 22nd was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly enrolled: SB 98-1, 82, 102.

Services

Correctly revised: HB 98-1203, 1379.

SIGNING OF BILLS

The President has signed: SB 98-171.

The President has signed: HB98-1059 and 1189.

The President has signed: HB98-1128.

SENATE SERVICES REPORT

Senate To the governor for signature on Wednesday, April 22, 1998, at 11:25 a.m.:

Services SB 98-171.

COMMITTEE OF REFERENCE REPORTS

Local The Committee on Local Government has had under consideration and has had a hearing Government on the following appointments and recommends that the appointments be confirmed:

BOARD OF ASSESSMENT APPEALS

for terms expiring July 1, 1998:

Donald L. Clifton of Littleton, Colorado, to serve as a public employee experienced in property evaluation and taxation, reappointed;

Judy K. Kirkland of Denver, Colorado, to serve as a public employee experienced in property evaluation and taxation, reappointed;

Virginia Rember­Helm of Littleton, Colorado, to serve as a public employee experienced in property evaluation and taxation, appointed;

for a term expiring July 1, 2001:

Karl L. Von Burg of Grand Junction , Colorado to serve as a public employee, reappointed;


Health, After consideration on the merits, the committee recommends that HB 98-1307 be

Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations

Welfare and with favorable recommendation:

Institutions

Amend reengrossed bill, page 8, line 12, strike "19­3­702 (1)." and substitute "19­3­702 (1), UNLESS A MOTION FOR TERMINATION OF PARENTAL RIGHTS HAS BEEN FILED WITHIN THIRTY DAYS AFTER THE COURT'S FINDING.";

line 14, after "GUARDIAN" insert "OR CUSTODIAN".

Page 12, strike lines 12 through 16 and substitute the following:

"CONSIDERED TO HAVE ENTERED FOSTER CARE ON THE DATE THE COURT APPROVES TRANSFER OF CUSTODY OR APPROVES OUT­OF­HOME PLACEMENT OF THE CHILD, AS PROVIDED FOR IN SECTION 19­3­402 (2), OR THE DATE THAT IS SIXTY DAYS AFTER THE DATE ON WHICH THE CHILD WAS REMOVED FROM THE HOME, WHICHEVER IS EARLIER. IF THE COURT FINDS";

line 20, strike "DETERMINATION." and substitute "DETERMINATION, UNLESS A MOTION FOR TERMINATION OF PARENTAL RIGHTS HAS BEEN FILED WITHIN THIRTY DAYS AFTER THE COURT'S FINDING.".

Page 14, line 3, after "GUARDIAN" insert "OR CUSTODIAN".

MESSAGE FROM THE GOVERNOR

April 22, 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. 98­093 Concerning an alternate procedure for taxpayers to contest the valuation of real property for property tax purposes in certain counties that elect to utilize such alternative procedure.

Approved April 21, 1998 at 8:21 p.m.

S.B. 98­136 Concerning jury service.

Approved April 21, 1998 at 8:20 p.m.

S.B. 98­151 Concerning mediation of controversies between unit owners' associations and unit owners under the "Colorado Common Interest Ownership Act."

Approved April 21, 1998 at 8:22 p.m.

S.B. 98­171 Concerning modification of the "Metropolitan Football Stadium District Act," and, in connection therewith, expanding the boundaries of the district and modifying the terms of the agreement that the board of directors negotiates with a National Football League franchise.

Approved April 22, 1998 at 12:29 p.m.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 4/22/98 3:55 p.m.

P. Dicks, Assistant Secretary

MESSAGE FROM THE GOVERNOR

Appoint- A letter of designation and appointment from Governor Romer was read and assigned to

ments Committee as follows:

April 10, 1998

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

AIR QUALITY SCIENCE

ADVISORY BOARD

for terms expiring July 15, 2000:

Dr. Joel J. Bechtel of Grand Junction, Colorado, reappointed;

Dr. Daniel A. Goldstein of Englewood, Colorado, reappointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 4/13/98

P. Dicks, Assistant Secretary

Committee on Health, Environment, Welfare and Institutions

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title:

HJR 98-1026 by Representatives Morrison, Gordon, Saliman, Grossman, Gotlieb, Adkins, George, Hagedorn, S. Johnson, Kaufman, McPherson, Smith, Tool, and T. Williams; also Senator Perlmutter--Concerning proclaiming the week of April 19-25, 1998, as "Holocaust Awareness Week".

(Printed in House Journal, April 3, pages 1185-1186.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Friday, April 24.

HJR 98-1028 by Representative Pfiffner; also Senator Powers--Concerning the expression of regret for the murder of Oumar Dia.

(Printed in House Journal, April 3, pages 1187-1188.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Friday, April 24.

HJR 98-1031 by Representatives Dyer, K. Alexander, G. Berry, Entz, George, Miller, Smith, Sullivant, and Taylor; also Senator Alexander--Concerning the endorsement of the modified Animas-La Plata project.

(Printed in House Journal, April 13, pages 1282-1286.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Friday, April 24.

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 98-1379 by Rep. Anderson; Senator Schroeder--Approve Air Quality SIP Revisions

The question being "Shall the bill pass?" the roll was called with the following result:


YES 35

NO 0

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
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
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

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

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

Third Reading Amendment No. 1, by Senator Perlmutter

Amend revised bill, page 4, line 18 strike "THIRTY" and substitute "SIXTY".

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

The question being "Shall the bill, as amended, pass?" the roll was called with the following result:


YES 35

NO 0

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
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
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill, as amended, was declared PASSED.

Co-sponsors added: Chlouber, Hernandez, Johnson, Martinez, Rupert, Schroeder, Tanner.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of University of Colorado Board of Regents' Appointments to the University of Colorado Hospital Authority Board of Directors.

______________________________

CONSIDERATION OF UNIVERSITY OF COLORADO BOARD OF REGENTS' APPOINTMENTS

On motion of Senators Alexander and Hopper, the following Universtiy of Colorado Board of Regents' appointments were confirmed by a roll call vote:

UNIVERSITY OF COLORADO HOSPITAL AUTHORITY

BOARD OF DIRECTORS

James T. Moran, J.D., as a resident of the Third Congressional District, for a term effective October 1, 1997, and expiring on September 30, 2001;

Douglas L. Polson, a resident and representative of the Fifth Congressional District, reappointed, effective October 1, 1996 through September 30, 1999;

Michael L. Leprino, a resident and representative of the Sixth Congressional District, appointed, effective March 21, 1996 through September 30, 1999.


YES 35

NO 0

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
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
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

______________________________

On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Governor's Appointments to the Colorado State Fair Authority Board of Commissioners.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

On motion of Senator Ament, the following Governor's appointments were confirmed by a roll call vote:

COLORADO STATE FAIR AUTHORITY

BOARD OF COMMISSIONERS

for terms expiring November 1, 1998;

Leslie O. Mergelman of Cederedge, Colorado, to serve as a resident of the Western Slope, the Third Congressional District and as a Republican;

for terms expiring November 1, 2001;

Marvin Strait of Colorado Springs, Colorado, to serve as a certified public accountant from the Fifth Congressional District and as a Republican;

Vince L. Vigil of Pueblo, Colorado, to serve as a representative with substantial expertise in finance through current management­level experience in banking and as a Democrat;


YES 35

NO 0

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
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
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Memorials, beginning with HJM 98-1001.

______________________________

CONSIDERATION OF MEMORIALS

HJM 98-1001 by Rep. June; Senator Johnson--Honoring Former Member John Carroll

(Printed in House Journal, April 8, pages 1239-1240 and as amended as printed in House Journal, April 13, pages 1286-1287.)

On motion of Senator Johnson, the Memorial was ADOPTED by the following roll call vote:


YES 35

NO 0

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
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
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

Co-sponsors added: Alexander, Ament, Arnold, Blickensderfer, Chlouber, Coffman, Congrove, Dennis, Feeley, Hernandez, Hopper, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Mutzebaugh, Norton, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder, Tanner, Tebedo, Thiebaut, Wattenberg, Weddig, Wells, Wham.

SJM 98-2 by Senator Blickensderfer; Rep. Schauer--Ratifying Protocol to NATO

(Printed in Senate Journal, April 16, pages 857-858.)

On motion of Senator Blickensderfer, the Memorial was ADOPTED by the following roll call vote:


YES 35

NO 0

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
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
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

Co-sponsors added: Pascoe, Weddig.

SJM 98-1 by Sen. Coffman--Congressional Severance & Termination Payment Tax Prohibition

Laid over until Friday, April 24, retaining its place on the calendar.

Senate in recess.

Senate reconvened.

MESSAGE FROM THE HOUSE

April 23, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1004, amended as printed in House Journal, April 22, page 1426;

HB98-1238, amended as printed in House Journal, April 22, page 1427;

HB98-1405, amended as printed in House Journal, April 22, page 1427;

HB98-1407, amended as printed in House Journal, April 22, page 1427.

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 98-1394

Welfare and

Institutions

Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: HB 98-1406

Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: SCR 98-5

Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: SCR 98-6

State, After consideration on the merits, the committee recommends that HB 98-1191 be

Veterans, amended as follows and, as so amended, bereferred to the Committee on Appropriations

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 7, line 4, strike "FIVE" and substitute "THREE".

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

Veterans, referred favorably to the Committee of the Whole: SCR 98-8

and Military

Affairs

State, After consideration on the merits, the committee recommends that HB 98-1380 be

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

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 2, line 3, before "is", insert " as amended by House Bill 98­1035, enacted at the Second Regular Session of the Sixty­first General Assembly,";

strike lines 5 and 6 and substitute the following:

"provided in sections 31­30­1122 and 31­30­1129, a benefit provided in this part 11 must not exceed four hundred fifty dollars per month.";

line 26, strike "is" and substitute "as amended by House Bill 98­1035, enacted at the Second Regular Session of the Sixty­first General Assembly, is".

Page 3, strike lines 11 through 13 and substitute the following:

"except that any such amount determined by the board of a municipality shall be made with the prior consent of the municipality's governing body. Any higher payment made pursuant to this section shall not be subject to the maximum benefit amount contained in section 31­30­1120. Pensions that make payments in".

Page 4, strike lines 24 through 26.

Page 5, strike lines 1 through 7.

Renumber succeeding sections accordingly.

Page 7, strike lines 13 through 26.

Renumber succeeding sections accordingly.

Page 8, strike lines 1 and 2.

Renumber succeeding section accordingly.

Trans- After consideration on the merits, the committee recommends that SJR 98-10 be

portation amended as follows and, as so amended, be referred to the Senate for final action:

Amend printed joint resolution, page 1, strike lines 1 through 20 and substitute the following:

SJR 98-10

(Cont.)

"WHEREAS, The General Assembly values the dedication and expertise of the members of the Colorado Air National Guard as well as their commitment to securing and maintaining the national defense; and

WHEREAS, The General Assembly seeks to protect the safety of residents and visitors of the state of Colorado, desires to protect the economic future of the state, and wishes to minimize environmental impacts in all areas of the state including those underlying military airspace; now, therefore,

Be It Resolved by the Senate of the Sixty­first General Assembly of the State of Colorado, the House of Representatives concurring herein:

That it is the will of the General Assembly that the Colorado Air National Guard shall diligently pursue, with input from community interest groups, funding for the relocation of Airburst Bombing Range and the potential elimination of La Veta Military Operation Area and its associated Military Training Routes.

Be It Further Resolved, That, until the Colorado Airspace Initiative is approved, the Colorado Air National Guard, to the extent possible within boundaries of existing military airspace, shall implement the minimum altitude increases, route width reductions, avoidance measures, and mitigations specified in the final environmental impact statement and record of decision. Should the Colorado Air National Guard initiate changes in the Colorado Airspace Initiative it shall make every effort to involve all concerned citizens.

Be It Further Resolved, That the Colorado Air National Guard shall submit a copy of its annual record of the authorized use, including out-of-state and foreign aircraft, of its training airspace to the Colorado General Assembly and upon request, to any board of county commissioners of each affected county on or before January 1 following the end of the previous federal fiscal year.

Be it Further Resolved, That copies of this Joint Resolution be sent to the Colorado Air National Guard, the Federal Aviation Administration, the United States Department of Defense, United States Senators and United States Representatives from the state of Colorado, and the Governor of the state of Colorado.".

Strike pages 2 and 3.

MESSAGE FROM THE REVISOR

April 23, 1998

We herewith transmit:

without comment, as amended, HB98-1004, 1238, 1405, and 1407.

INTRODUCTION OF BILLS--FIRST READING

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

HB 98-1004 by Representatives Epps, Hagedorn, Kreutz, and Leyba; also Senator Hopper--Concerning the regulation of domestic violence treatment providers who treat domestic violence perpetrators pursuant to court order.

Health, Environment, Welfare and Institutions

HB 98-1238 by Representative George; also Senator Wham--Concerning judicial compensation.

Judiciary

HB 98-1405 by Representative Salaz; also Senator Dennis--Concerning a prohibition on the transfer of a customer's account from one provider of telecommunications services to another without the customer's prior approval, and, in connection therewith, applying such prohibition to persons who purchase and resell telecommunications services, and making an appropriation in connection therewith.

Business Affairs and Labor

Appropriations

HB 98-1407 by Representative Salaz; also Senator Lamborn--Concerning the funding for the prison inmate art fund.

Judiciary

Appropriations

Senate in recess.

Senate reconvened.

MESSAGE FROM THE HOUSE

April 23, 1998

Mr. President:

The House has adopted the First Report of the First Conference Committee on HB98-1016, as printed in House Journal, April 22, page 1417, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB98-1293, as printed in House Journal, April 22, page 1418, and has repassed the bill amended.

The House has adopted the First Report of the First Conference Committee on HB98-1312, as printed in House Journal, April 22, pages 1418-1419, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB98- 1358, as printed in House Journal, April 22, page 1419, and has repassed the bill as amended.

The House has adopted and transmits herewith HJR98-1027, as printed in House Journal, April 3, pages 1186-1187.

The House has adopted and returns herewith SJR98-14, SJR98-18 and SJR98-22.

.

COMMITTEE OF REFERENCE REPORTS

Finance After consideration on the merits, the committee recommends that HB 98-1333 be

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

Amend reengrossed bill, page 37, line 4, strike "trust" and substitute "tax".

Finance After consideration on the merits, the committee recommends that SCR 98-10 be

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

Amend printed concurrent resolution, page 3, line 2, strike "BASE" and substitute "BASE, WHICH SHALL BE THE STATE FISCAL YEAR SPENDING FOR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 1997,";

line 4, strike "PREVIOUS FICAL YEAR" and substitute "STATE FISCAL YEAR COMMENCING ON JULY 1, 1997,".

Finance After consideration on the merits, the committee recommends that the following be postponed indefinitely: SB 98-131

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

riations referred favorably to the Committee of the Whole: HB 98-1037

Approp- After consideration on the merits, the committee recommends that SB 98-189 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 16, line 23, after "PAY" insert "A PORTION OF".

SB 98-189

(Cont.)

Page 23, after line 9, insert the following:

"SECTION 3. Appropriation - adjustments in 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, consumer protection, for personal services, is decreased by thirty-four thousand two hundred fourteen dollars ($34,214) and 0.8 FTE. Said sum shall be from the General Fund.

(b) The appropriation made to the department of public health and environment, consumer protection, for personal services, is decreased by sixty-seven thousand two hundred fifty-two dollars ($67,252) and 1.0 FTE. Said sum shall be from federal funds.

(c) The appropriation made to the department of public health and environment, consumer protection, for operating expenses, is decreased by twenty-six thousand four hundred twenty-three dollars ($26,423). Said sum shall be from the General Fund.

(d) The appropriation made to the department of public health and environment, consumer protection, out of moneys in the food protection cash fund not otherwise appropriated, is increased by one hundred twenty-seven thousand eight hundred eighty-nine dollars ($127,889) and 1.8 FTE. Of said sum, one hundred one thousand four hundred sixty-six dollars ($101,466) and 1.8 FTE shall be for personal services, and twenty-six thousand four hundred twenty-three dollars ($26,423) shall be for operating expenses.

Page 1, line 101, strike "ESTABLISHMENTS." and substitute "ESTABLISHMENTS, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

Approp- After consideration on the merits, the committee recommends that HB 98-1058 be

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

Amend the reengrossed bill, page 17, line 19, strike "six thousand six hundred eighty dollars ($496,680)" and substitute "three thousand nine hundred eighty dollars ($493,980)".

Page 18, line 5, strike "one thousand four" and substitute "four thousand one";

line 6, strike "($1,400)" and substitute "($4,100)".

Approp- After consideration on the merits, the committee recommends that HB 98-1213 be

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

Amend reengrossed bill, page 6, line 19, strike "In" and substitute "(1) In";

after line 24, insert the following:

"(2) In addition to any other appropriation, there is hereby appropriated, out of any moneys not in the distributive data processing fund, to the department of revenue, division of motor vehicles, for the fiscal year beginning July 1, 1998, the sum of one hundred thousand dollars ($100,000), or so much thereof as may be necessary, for the implementation of this act.".

Approp- After consideration on the merits, the committee recommends that HB 98-1369 be

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

Amend the reengrossed bill, page 3, after line 5, insert the following:

HB 98-1369

(Cont.)

"SECTION 2. Appropriation in 1998 long bill to be adjusted. 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 regulatory agencies, division of registrations, for operating expenses, is decreased by six thousand eight hundred fifty dollars ($6,850). Said sum shall be out of moneys in the division of registrations cash fund.";

Strike lines 6 through 16 and insert the following:

"SECTION 3. 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.".

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

Approp- After consideration on the merits, the committee recommends that HB 98-1242 be

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

Amend reengrossed bill, page 2, after line 15, insert the following:

"SECTION 2. Appropriations in long bill to be adjusted. For the implementation of section 24-51-401 (1.7), Colorado Revised Statutes, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be reduced by the sum of one million four hundred nineteen thousand one hundred and ten dollars ($1,419,110). Said reductions shall be derived from such sources as detailed in the table below:

(CONTINUED NEXT PAGE)

HB 98-1242

(Cont.)

HB 98-1242

(Cont.)

HB 98-1242

(Cont.)

Renumber succeeding sections accordingly.

Page 1, line 103, strike "ASSOCIATION." and substitute "ASSOCIATION, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

Approp- After consideration on the merits, the committee recommends that HB 980-1266 be

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

Amend reengrossed bill, page 1, line 8, strike "THE AGGREGATE OF".

Page 2, line 1, strike "INCOME, DIVIDEND INCOME, AND NET CAPITAL GAINS" and substitute "INCOME";

line 9, strike everything after the period;

strike lines 10 and 11.

Approp- After consideration on the merits, the committee recommends that HB 98-1169 be

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

Amend reengrossed bill, page 18, strike lines 7 through 26.

Page 19, strike lines 1 through 3;

line 16, strike "In" and substitute "(1) In";

after line 26, insert the following:

"(2) Out of any unencumbered or unexpended moneys in the special account within the highway users tax fund known as the AIR account, there is hereby transferred the sum of five hundred thousand dollars ($500,000) to the alternative fuels rebate fund created pursuant to section 39-32-105, Colorado Revised Statutes, for the fiscal year beginning July 1, 1998.".

Approp- After consideration on the merits, the committee recommends that HB 98-1072 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, April 14, page 814, line 26, strike "THE BALANCE OF THE FUND" and substitute "NINETY-SIX THOUSAND EIGHT HUNDRED EIGHTY DOLLARS".

Page 817, line 35, strike "three hundred" and substitute "two hundred";

line 36, strike "($34,362)," and substitute "($34,262),";

line 46, strike "four hundred four" and substitute "three hundred ninety-five dollars ($86,395)";

line 47, strike "dollars ($86,404)";

line 52, strike "twenty-two thousand one hundred" and substitute "ten thousand eight hundred seventy-three dollars ($10,873).";

line 53, strike "thirty-seven dollars ($22,137).".

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

riations postponed indefinitely: HB 98-1057 and 98-1091

Call of Call of Senate.

Senate

Call Raised.

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

riations referred favorably to the Committee of the Whole:

SB 98-191; HB 98-1011, 98-1009, 98-1063, and 98-1321

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

SIGNING OF BILL

The President has signed: HB98-1112.

COMMITTEE OF REFERENCE REPORTS

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

Environment, referred favorably to the Committee on Appropriations: HB 98-1092

Welfare and

Institutions

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

Environment, referred favorably to the Committee on Appropriations: HB 98-1003

Welfare and

Institutions

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

Environment, postponed indefinitely: HB 98-1382

Welfare and

Institutions

Health, After consideration on the merits, the committee recommends that HB 98-1387 be

Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations

Welfare and with favorable recommendation:

Institutions

Amend reengrossed bill, page 5, line 16, strike "AND THE" and substitute "IN".

Page 7, line 25, strike "(1) AND (2)," and substitute "(1),".

Page 9, line 4, strike "24­35­503 (3)," and substitute "24­35­503 (2) OR (3),".

Education After consideration on the merits, the committee recommends that HB 98-1399 be

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

Amend reengrossed bill, page 6, strike lines 12 through 17.

Renumber succeeding sections accordingly.

Page 7, after line 3, insert the following:

HB 98-1399

(Cont.)

"(3)  The funds appropriated to the department of military affairs by this section, or so much thereof as may be necessary, shall be used by the department to carry out the national guard challenge program in the state of Colorado and to apply for federal funds that are available to the state of Colorado to establish such a 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 the 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).

SECTION 3.  Effective date. This act shall take effect upon passage; except that section 2 of this act shall not take effect if a section is included in House Bill 98­1234 that appropriates a total of seven hundred thousand dollars ($700,000) to the department of military affairs, and such section is enacted during the second regular session of the sixty­first general assembly.".

Renumber succeeding section accordingly.

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

HJR 98-1027 by Representative Anderson; also Senator Norton--Concerning the designation of May 15, 1998, as Peace Officers' Memorial Day and the week of May 10, 1998, as Police Week.

(Printed in House Journal, April 3, pages 1186-1187.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Friday, April 24.

INTRODUCTION OF BILLS--FIRST READING

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

SB 98-200 by Senator Schroeder--Concerning strengthening the operational limitations applied to persons offering luxury limousine transportation services for hire.

Business Affairs and Labor

SB 98-201 by Senator Ament--Concerning changes in the dates for requirements relating to water well pumping in the Denver basin aquifers, and, in connection therewith, delaying the implementation date of the stricter standard of replacement of stream depletions resulting from the operation of wells in the Denver basin aquifers, extending the repeal date of such stricter standard thereby delaying the return to the standard of replacement in existence prior to July 1, 1999, and extending the repeal date of the special water committee.

Agriculture, Natural Resources and Energy

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 98-1401

*****************************

THIS REPORT AMENDS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB 98-1401, concerning the payment of the expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 1998, except as otherwise noted has met and reports that it has agreed upon the following:

1.  That the House accede to the Senate amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 18, line 1, in the GENERAL FUND column, strike "150,000" and, in the CASH FUNDS EXEMPT column, insert "150,000(T)e";

after line 8, insert the following:

HB 98-1401

(Cont.)

"e This amount shall be from the Department of Natural Resources, Division of Wildlife.".

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

Page 55, line 5, in the ITEM & SUBTOTAL column, strike "6,922,757" and substitute "6,993,074" and, in the CASH FUNDS EXEMPT column, strike "796,257(T)b" and substitute "866,574(T)b";

line 6, in the CASH FUNDS EXEMPT column, strike "(14.5 FTE)" and substitute "(15.5 FTE)".

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

Page 57, line 3, strike "and";

line 4, strike "Program." and substitute "Program, and $70,317 shall be from the Department of Natural Resources, Division of Wildlife.".

Page 58, line 11, in the ITEM & SUBTOTAL column, strike "100,000" and substitute "50,000" and, in the GENERAL FUND column, strike "50,000".

Adjust affected totals accordingly.

Page 72, strike lines 13 through 15.

Adjust affected totals accordingly.

Page 91, line 10, in the ITEM & SUBTOTAL column, strike "30,361,681" and substitute "25,305,167", in the CASH FUNDS EXEMPT column, strike "5,350,000b" and substitute "3,650,000b", and, in the FEDERAL FUNDS column, strike "20,154,084" and substitute "16,797,570".

Adjust affected totals accordingly.

Page 92, strike line 2 and substitute the following:

"b Of this amount, $650,000 shall be from a donation from The University Hospital and $3,000,000 shall".

Page 194, line 9, in the GENERAL FUND column, strike "(4.0 FTE)" and substitute "(3.0 FTE)".

Page 230, line 6, strike "funding the Department of Law solely with General Fund" and substitute "directly funding the Department of Law using all funds".

Page 244, strike lines 7 and 8 and substitute the following:

"a This amount shall be from reserves in the Economic Development Fund pursuant to Section 24-46-105, C.R.S.".

Page 282, line 7, in the ITEM & SUBTOTAL column, strike "1,832,428" and substitute "2,032,428";

after line 7, insert the following:

ITEM &

SUBTOTAL

$

"Noxious Weed Control 200,000";

line 10, in the ITEM & SUBTOTAL column, strike "1,586,348" and substitute "1,660,652";

line 11, in the ITEM & SUBTOTAL column, strike "(35.5 FTE)" and substitute "(36.5 FTE)";

line 12, in the ITEM & SUBTOTAL column, strike "428,606" and substitute "1,154,302";

HB 98-1401

(Cont.)

line 13, in the ITEM & SUBTOTAL column, strike "7,841,219" and substitute "9,041,219" and, in the CASH FUNDS column, strike "4,591,219a" and substitute "5,791,219a".

Adjust affected totals accordingly.

Page 283, after line 8, insert the following:

ITEM &

SUBTOTAL

$

"Chronic Wasting Disease Study 150,000".

Page 284, line 10, in the ITEM & SUBTOTAL column, strike "22,485,245" and substitute "22,635,245" and, in the CASH FUNDS column, strike "18,487,685a" and substitute "18,637,685a".

Adjust affected totals accordingly.

Page 284, line 12, strike "$18,486,073" and substitute "18,636,073".

Page 285, line 2, in the ITEM & SUBTOTAL column, strike "1,630,061" and substitute "1,690,407";

line 4, in the ITEM & SUBTOTAL column, strike "611,408" and substitute "621,379";

line 13, in the ITEM & SUBTOTAL column, strike "6,695,976" and substitute "6,766,293" and, in the CASH FUNDS column, strike "6,375,976a" and substitute "6,446,293a".

Adjust affected totals accordingly.

Page 285, line 15, strike "$5,695,596" and substitute "$5,765,913".

Page 391, strike lines 1 through 4.

Adjust affected totals accordingly.

Page 407, line 13, in the ITEM & SUBTOTAL column, strike "7,170,735" and substitute "7,148,140";

line 14, in the ITEM & SUBTOTAL column, strike "(148.6 FTE)" and substitute "(147.6 FTE)".

Page 408, line 9, in the TOTAL column, strike "11,668,743" and substitute "11,646,148" and, in the CASH FUNDS column, strike "8,786,318a" and substitute "8,763,723a".

Adjust affected totals accordingly.

Page 470, strike lines 8 through 10.

Adjust affected totals accordingly.

Page 540, strike lines 6 through 12 and substitute the following:

CAPITAL CASH

TOTAL CONSTRUCTION FUNDS

FUND EXEMPT

EXEMPT

$ $ $

"(3) CAPITAL CONSTRUCTION PROJECT

Asynchronous Transfer

Modes Telecommunications

Equipment,

Phase 2 of 3 1,546,904 464,071 1,082,833a".

Adjust affected totals accordingly.

HB 98-1401

(Cont.)

2.  That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendments be recommended:

Amend rerevised bill, page 13, after line 25, insert the following:

"Child Care and Development Block Grant".

Page 15, line 12, in the ITEM & SUBTOTAL column, strike "112,234" and substitute "112,102" and, in the GENERAL FUND column, strike "102,334" and substitute "102,202".

Adjust affected totals accordingly.

Page 16, line 7, in the ITEM & SUBTOTAL column, strike "200,978" and substitute "213,294" and, in the CASH FUNDS column, strike "63,035b" and substitute "75,351b".

Adjust affected totals accordingly.

Page 21, line 2, in the CASH FUNDS column, strike "8,000,000a" and, in the CASH FUNDS EXEMPT column, insert "8,000,000a".

Adjust affected totals accordingly.

Page 37, line 3, in the ITEM & SUBTOTAL column, strike "140,910" and substitute "129,770";

line 5, in the ITEM & SUBTOTAL column, strike "1,169,586" and substitute "1,158,446" and, in the GENERAL FUND column, strike "1,169,586" and substitute "1,158,446".

Adjust affected totals accordingly.

Page 44, line 5, strike "Subprogram" and substitute "Subprogram16a".

Page 54, after line 6, insert the following:

"16a Department of Corrections, Inmate Programs, Volunteers Subprogram -- It is the intent of the General Assembly that the Department consider using some funds in this subprogram for services associated with matching inmates with individual volunteers to aid offenders in the transition process out of the Department's institutions.".

Page 59, line 6, in the ITEM & SUBTOTAL column, strike "1,846,364,021" and substitute "1,851,564,021" and, in the GENERAL FUND column, strike "1,770,528,939" and substitute "1,775,728,939".

Adjust affected totals accordingly.

Page 91, line 10, strike "Plan51" and substitute "Plan51, 51a" and, in the GENERAL FUND column, strike "4,857,597(M)" and substitute "4,857,597".

Page 100, after line 11, insert the following:

"51a Department of Health Care Policy and Financing, Other Medical Services, H.B. 97-1304 Children's Basic Health Plan -- This appropriation assumes that ten percent for program administration is matched by Title XXI federal funds, assumes an average cost per child of $720 per year, and thus assumes an estimated annual caseload of 31,631 children. The Department is requested to report quarterly to the Joint Budget Committee, beginning October 1, 1998, on the program's projected administrative costs, and the federally reimbursable administration ratio as a percent of the total program, and on the program's estimated caseload.".

Page 106, line 3, strike "earnings." and substitute "earnings and is listed here for informational purposes.";

line 11, strike "Allocation" and substitute "Allocation55b";

HB 98-1401

(Cont.)

line 13, in the ITEM & SUBTOTAL column, strike "24,874,015" and substitute "25,074,015" and, in the CASH FUNDS EXEMPT column, strike "300,000c" and substitute "500,000c".

Adjust affected totals accordingly.

Page 107, line 3, strike "earnings." and substitute "earnings and is listed here for informational purposes.";

line 4, strike "c This amount" and substitute "c Of this amount, $300,000";

line 5, after the period, insert the following:

"Also, $200,000 (T) shall be from the Local Government Mineral Impact Fund pursuant to Section 34-63-102, C.R.S. This amount represents a 1999 calendar year grant; any unexpended balance on June 30, 1999 is intended to roll forward and remain available for expenditure in FY 1999-00.".

Adjust affected (T) notation totals accordingly.

Page 107, line 13, in the ITEM & SUBTOTAL column, strike "43,170,802" and substitute "43,455,802" and, in the CASH FUNDS EXEMPT column, insert "285,000(T)d".

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

Page 108, line 3, strike "earnings." and substitute "earnings and is listed here for informational purposes.";

after line 4, insert the following:

"d This amount shall be from the Local Government Mineral Impact Fund pursuant to Section 34-63-102, C.R.S. This amount represents a 1999 calendar year grant; any unexpended balance on June 30, 1999 is intended to roll forward and remain available for expenditure in FY 1999-00.".

Page 110, line 10, strike "earnings." and substitute "earnings and is listed here for informational purposes.".

Page 111, line 10, strike "earnings." and substitute "earnings and is listed here for informational purposes.".

Page 113, line 2, in the ITEM & SUBTOTAL column, strike "1,450,758" and substitute "1,774,709";

line 4, in the ITEM & SUBTOTAL column, strike "12,199,408" and substitute "12,857,391";

line 5, in the ITEM & SUBTOTAL column, strike "13,650,166" and substitute "14,632,100" and, in the FEDERAL FUNDS column, strike "13,650,166" and substitute "14,632,100".

Adjust affected totals accordingly.

Page 122, after line 3, insert the following:

"55b Department of Higher Education, State Board of Agriculture, General Fund and Tuition Allocation -- Consistent with the continuation of state policy under Section 23-31-135, C.R.S., this appropriation includes a support fee paid by each cooperative state or accountable student of $19,900.".

Page 129, line 5, in the ITEM & SUBTOTAL column, strike "19,979,751" and substitute "19,952,360";

line 6, in the ITEM & SUBTOTAL column, strike "(522.8 FTE)" and substitute "(521.9 FTE)";

line 7, in the ITEM & SUBTOTAL column, strike "2,157,493" and substitute "2,147,493".

HB 98-1401

(Cont.)

Page 130, line 1, in the TOTAL column, strike "32,555,232" and substitute "32,517,841" and, in the GENERAL FUND column, strike "17,350,294(M)" and substitute "17,312,903(M)".

Adjust affected totals accordingly.

Page 142, line 10, in the GENERAL FUND column, strike "81,842,735 (M)a" and substitute "76,642,735(M)a" and, in the CASH FUNDS EXEMPT column, strike "105,990,833b" and substitute "111,190,833b".

Adjust affected totals accordingly.

Page 142, line 15, strike "$24,974,901" and substitute "$30,174,901".

Page 168, line 13, strike "package." and substitute "package in FY 1998-99.";

line 15, after "findings", insert "regarding the purchase of any such software";

line 16, strike "November 1, 1998." and substitute "August 1, 1998. Further, if spending authority is required, the Department is requested to submit a subsequent supplemental budget request accordingly.".

Page 177, line 4, strike "FY 1998-99" and substitute "FY 1999-00".

Page 191, line 1, in the ITEM & SUBTOTAL column, strike "1,231,666" and substitute "1,131,666" and, in the CASH FUNDS EXEMPT column, strike "276,190(T)g" and substitute "176,190(T)g";

line 2, in the CASH FUNDS EXEMPT column, strike "(6.0 FTE)" and substitute "(4.3 FTE)".

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

Page 192, strike lines 3 and 4 and substitute the following:

"g This amount shall be from state Victims Assistance and Law Enforcement grant funds appropriated in the Department of Public Safety, Division of Criminal Justice.".

Page 203, line 11, strike "TRAINING70" and substitute "TRAINING70, 116a".

Page 207, line 11, in the GENERAL FUND column, strike "4,659" and, in the CASH FUNDS EXEMPT column, strike "795,213(T)a" and substitute "799,872(T)a".

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

Page 213, line 7, strike "package." and substitute "package in FY 1998-99.";

line 9, after "findings", insert "regarding the purchase of any such software";

line 10, strike "November 1, 1998." and substitute "August 1, 1998. Further, if spending authority is required, the Department is requested to submit a subsequent supplemental budget request accordingly.";

after line 14, insert the following:

"116a Department of Labor and Employment, Division of Employment and Training -- It is the intent of the General Assembly that the Department develop a plan to achieve efficiencies in the administration of Unemployment Insurance and Employment Programs. This plan shall include estimated implementation costs, an implementation schedule, and information on how the department intends to decrease costs in the Division in order to adjust to expected federal funding levels. This plan shall be submitted to the Joint Budget Committee no later than November 16, 1998.".

HB 98-1401

(Cont.)

Page 217, line 5, strike "SECTIONS121" and substitute "SECTIONS121, 121a".

Page 218, line 13, in the ITEM & SUBTOTAL column, strike "(173.8 FTE)" and substitute "(175.0 FTE)".

Page 221, line 14, in the CASH FUNDS EXEMPT column, strike "253,700(T)I" and substitute "253,700(T)i".

Page 222, line 15, strike "I This" and substitute "i This".

Page 225, after line 3, insert the following:

"121a Department of Law, General Enforcement and Appellate Sections -- It is the intent of the General Assembly that in FY 1998-99, the Department of Law be authorized to use up to $750,000 in custodial funds from the Consumer Protection and Antitrust Custodial Funds, designated by a Court for future consumer protection and antitrust enforcement purposes, to fund the State Tobacco Litigation.";

line 12, strike "drafting motions, legal research," and substitute "drafting,".

Page 229, line 7, strike "(LEGISLATIVE)4, 5, 5a" and substitute "(LEGISLATIVE)4, 5, 128a".

Page 230, line 6, strike "5a Legislative Department" and substitute "128a Legislative Department, Totals".

Page 244, line 12, in the ITEM & SUBTOTAL column, strike "993,200" and substitute "1,100,400" and, in the CASH FUNDS column, strike "643,200a" and substitute "750,400a";

line 15, in the ITEM & SUBTOTAL column, strike "1,500,800" and substitute "1,393,600" and, in the CASH FUNDS column, strike "1,500,800a" and substitute "1,393,600a".

Page 252, line 15, strike "134" and substitute "134".

Page 273, line 13, in the ITEM & SUBTOTAL column, strike "2,180,211" and substitute "2,179,305" and, in the CASH FUNDS column, strike "2,180,211a" and substitute "2,179,305a".

Adjust affected totals accordingly.

Page 274, line 4, strike "$11,472" and substitute "$10,566".

Page 286, line 14, in the ITEM & SUBTOTAL column, strike "4,259,741" and substitute "4,255,821";

line 15, in the ITEM & SUBTOTAL column, strike "16,474,824" and substitute "16,470,904" and, in the CASH FUNDS column, strike "16,474,824a" and substitute "16,470,904a".

Adjust affected totals accordingly.

Page 287, line 2, strike "$16,473,547" and substitute "$16,469,627".

Page 299, line 11, strike "SERVICES32" and substitute "SERVICES32, 32a".

Page 308, line 10, in the ITEM & SUBTOTAL column, strike "443,217" and substitute "543,217";

line 15, in the ITEM & SUBTOTAL column, strike "15,563,974" and substitute "15,663,974" and, in the CASH FUNDS EXEMPT column, strike "14,842,382(T)b" and substitute "14,942,382(T)b".

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

HB 98-1401

(Cont.)

Page 311, line 9, in the GENERAL FUND column, strike "146,279" and substitute "317,253" and, in the CASH FUNDS EXEMPT column, strike "1,685,660(T)a" and substitute "1,514,686(T)a".

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

Page 311, line 11, strike "$106,152" and substitute "$53,067" and strike "$1,415,356" and substitute "$1,323,086";

line 12, strike "$164,152" and substitute "$138,533".

Page 314, line 2, in the ITEM & SUBTOTAL column, strike "695,104" and substitute "17,100";

line 6, in the ITEM & SUBTOTAL column, strike "2,298,736" and substitute "2,928,736";

line 7, in the ITEM & SUBTOTAL column, strike "4,851,137" and substitute "5,634,510";

line 12, in the ITEM & SUBTOTAL column, strike "8,809,417" and substitute "9,544,786" and, in the CASH FUNDS EXEMPT column, strike "8,580,364(T)b" and substitute "9,315,733(T)b".

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

Page 315, line 1, strike "$8,555,364" and substitute "$9,290,733".

Page 322, after line 10, insert the following:

"32a Department of Personnel, Human Resource Services -- The Department of Personnel shall prepare a report for the Joint Budget Committee by October 1, 1998, making recommendations on a gain-sharing employee incentive program that could be incorporated into performance-based management and performance-based pay programs. At a minimum, the report should address feasibility, budget process, evaluation processes, and, if appropriate, enabling statutory requirements.".

Page 352, line 7, in the FEDERAL FUNDS column, insert "(0.7 FTE)".

Page 373, line 11, in the ITEM & SUBTOTAL column, strike "503,902" and substitute "535,246", in the GENERAL FUND column, insert "14,431", and, in the CASH FUNDS EXEMPT column, strike "503,902j" and substitute "520,815j".

Adjust affected totals accordingly.

Page 375, line 7, strike "$271,900" and substitute "$288,813".

Adjust affected Highway Users Tax Fund totals accordingly.

Page 376, line 11, in the ITEM & SUBTOTAL column, strike "5,296,114" and substitute "4,639,196", in the GENERAL FUND column, strike "464,437" and substitute "342,831", in the CASH FUNDS column, strike "160,221i" and substitute "116,604i", in the CASH FUNDS EXEMPT column strike "4,671,456j" and substitute "4,175,490j", and, in the FEDERAL FUNDS column, insert "4,271".

Page 378, line 10, in the ITEM & SUBTOTAL column, strike "5,726,489" and substitute "5,658,175", in the CASH FUNDS column, strike "93,936b" and substitute "89,879b", in the CASH FUNDS EXEMPT column, strike "5,541,406u" and substitute "5,476,602u", and, in the FEDERAL FUNDS column, strike "91,147" and substitute "91,694".

Adjust affected totals accordingly.

Page 379, strike lines 11 and 12 and substitute the following:

"j Of this amount, $3,856,239 shall be from the Highway Users Tax Fund, $289,251(T) shall be from user fees collected from state agencies, and $30,000(T) shall be from Limited Gaming funds appropriated in the Department of Revenue.".

HB 98-1401

(Cont.)

Adjusted affected (T) notation totals and affected Highway Users Tax Fund totals accordingly.

Page 380, strike line 8 and substitute the following:

"u Of this amount, $5,281,920 shall be from the Highway Users Tax Fund and $194,682 shall be from various exempt local sources.".

Adjusted affected Highway Users Tax Fund totals accordingly.

Page 387, line 12, in the ITEM & SUBTOTAL column, strike "21,223" and substitute "21,147" and, in the GENERAL FUND column, strike "15,447" and substitute "15,371".

Adjust affected totals accordingly.

Page 390, line 8, in the GENERAL FUND column, strike "2,041,269" and substitute "2,109,583" and, in the CASH FUNDS EXEMPT column, strike "241,803(T)a" and substitute "173,489(T)a".

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

Page 395, line 14, strike "$1" and substitute "$2".

Page 405, line 12, in the ITEM & SUBTOTAL column, strike "17,759,534" and substitute "17,904,833";

after line 12, in the ITEM & SUBTOTAL column, insert "(1.6 FTE)";

line 13, in the TOTAL column, strike "28,132,674" and substitute "28,277,973" and, in the CASH FUNDS column, strike "27,097,217a" and substitute "27,242,516a".

Adjust affected totals accordingly.

Page 406, line 1, strike "$17,759,534" and substitute "$17,904,833".

Page 419, line 13, in the ITEM & SUBTOTAL column, strike "6,717,611" and substitute "6,714,847".

Page 420, line 3, in the TOTAL column, strike "6,772,946" and substitute "6,770,182" and, in the CASH FUNDS EXEMPT column, strike "6,114,101b" and substitute "6,111,337b".

Adjust affected totals and affected Highway Users Tax Fund totals accordingly.

Page 423, strike line 15 and substitute the following:

"set forth in Section 24-75-201.1 (1)(a)(III)(C), C.R.S.".

Page 431, strike line 6 and substitute the following:

"prioritization of its programming projects by November 1, 1998, particularly those that the Department refers to as discretionary enhancements. This report should indicate the ranking".

Page 445, line 13, strike "12-47.1-701 (c)(I)," and substitute "12-47.1-701(1)(c)(I),".

Page 466, line 2, strike "San Carlos" and substitute "Skyline Correctional Center, Centennial Correctional Center,";

line 3, strike "Correctional Facility";

line 13, strike "and";

line 14, strike "Women's" and substitute "Women's, and Soil Remediation at Fremont Correctional Facility".

Page 467, line 15, strike "Phase 1" and substitute "Phase 1 of 2".

HB 98-1401

(Cont.)

Page 469, line 8, strike "Phase 2" and substitute "Phase 3".

Page 474, strike line 9 and substitute the following:

"(2) TRUSTEES OF THE STATE COLLEGES".

Page 480, line 5, strike "Replace Leaking Condensate" and substitute "Chloroflourocarbon";

line 6, strike "Line, South Campus Loop" and substitute "Chiller Replacement".

Page 531, after line 8, insert the following:

ITEM & CASH FUNDS

SUBTOTAL EXEMPT

$ $

"Major Repairs/

Minor Recreation

Improvements 2,400,000 2,400,000a".

Adjust affected totals accordingly.

Page 536, after line 4, insert the following:

ITEM & CASH FUNDS

SUBTOTAL EXEMPT

$ $

"Lower Arkansas River

Commission Implementation

Plan4a 5,000,000 5,000,000a";

Adjust affected totals accordingly.

Page 543, line 16, in the CAPITAL CONSTRUCTION FUND EXEMPT column, strike "754,497" and substitute "233,299" and, in the CASH FUNDS EXEMPT column, insert "521,198b".

Adjust affected totals accordingly.

Page 544, line 4, strike "b This amount" and substitute "b These amounts".

Adjust affected Highway Users Tax Fund totals accordingly.

Page 544, line 7, in the CASH FUNDS EXEMPT column, strike "$525,000a" and substitute "$525,000".

Page 545, line 2, in the CAPITAL CONSTRUCTION FUND EXEMPT column, strike "300,857" and substitute "317,770" and, in the CASH FUNDS EXEMPT column, strike "133,124a" and substitute "116,211a".

Adjust affected totals and affected Highway Users Tax Fund totals accordingly.

Page 546, strike lines 9 and 10 and substitute the following:

"2 Capital Construction, Department of Higher Education, Trustees of the State Colleges, Capital Construction Project, Unified Technical Education Center -- It is the intent of the General Assembly that these funds be transferred from the Trustees of the State Colleges to the Grand Valley Board of Cooperative Educational Services, Unified Technical Education Center, for the purchase of equipment. It is also the intent of the General Assembly that this appropriation supersede any provision to the contrary, and that upon passage of this act, no further appropriation of state funds shall be requested or authorized for this project.".

Page 547, after line 4, insert the following:

HB 98-1401

(Cont.)

"4a Capital Construction, Department of Natural Resources, Division of Wildlife, Capital Construction and Controlled Maintenance Projects, Lower Arkansas River Commission Implementation Plan -- It is the intent of the General Assembly that these funds be used to protect and enhance fish and wildlife resources at the Great Plains Reservoirs pursuant to Section 33-1-101 (3.5) (a), C.R.S. The provisions of Section 3 (1) (a) of H.B. 98-1401 notwithstanding, it is the intent of the General Assembly that the $5,000,000 appropriation made under the Lower Arkansas River Commission Implementation Plan line item remain available only until June 30, 1999. At the end of this time period, any unexpended funds shall revert to the Wildlife Cash Fund from which they were appropriated.".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Tony Grampsas, Chair Sen. Elsie Lacy, Chair

Rep. David Owen Sen. Tom Blickensderfer

Sen. James T. Rizzuto

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Conference Committee Report on HB 98-1401.

______________________________

CONSIDERATION OF CONFERENCE COMMITTEE REPORT

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

Senator Lacy moved for the adoption of the First Report of the First Conference Committee on HB 98-1401, printed in Senate Journal, April 23, pages 948-949. The motion was adopted by the following roll call vote:


YES 30

NO 3

EXCUSED 2

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
E
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
N

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
N
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
E
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

The question being "Shall the bill, as amended, pass?" the roll was called with the following result:


YES 23

NO 11

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
N
Mutzebaugh
NE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
E
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
N
Thiebaut
N

Bishop
YY
Johnson
N
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
N
Reeves
Y
Wells
Y

Coffman
N
Linkhart
N
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
N
Rupert
N
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill, as amended, was declared REPASSED.

TRIBUTES--A POINT OF INTEREST

Honoring Clarissa Anderson by Senators Coffman, Lacy, Weddig and Arnold

Honoring Jaclyn Bratcher by Senators Coffman, Lacy, Weddig and Arnold

Honoring Laura Enomoto by Senators Coffman, Lacy, Weddig and Arnold

Honoring Kathryn Jamieson by Senators Coffman, Lacy, Weddig and Arnold

Honoring Kerry Kimball by Senators Coffman, Lacy, Weddig and Arnold

Honoring Amber Lantz by Senators Coffman, Lacy, Weddig and Arnold

Honoring Allison Ogren by Senators Coffman, Lacy, Weddig and Arnold

Honoring Lauren Powell by Senators Coffman, Lacy, Weddig and Arnold

Honoring Corienne Princell by Senators Coffman, Lacy, Weddig and Arnold

Honoring Rachael Small by Senators Coffman, Lacy, Weddig and Arnold

Honoring Sarah Louise Gregory by Senators Hernandez, Linkhart, Pascoe, Tanner and Arnold

______________________________

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 23, was laid over until Friday, April 24, retaining its place on the calendar.

______________________________

On motion of Senator Wells, the Senate adjourned until 9:00 a.m., Friday,

April 24, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate