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

108th Legislative Day Friday, April 24, 1998


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

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn.

Roll Call Present--Total, 33.

Absent/Excused--Alexander, Lamborn--Total, 2.

Present later--Alexander, Lamborn.

Quorum The President announced a quorum present.

Reading of On motion of Senator Arnold, reading of the Journal of April 23rd was dispensed with

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

SIGNING OF BILLS

The President has signed: SB 98-1, 73, 82, 102, 145.

SENATE SERVICES REPORT

Senate Correctly printed: SB 98-200, 201.

Services

Correctly enrolled: SB 98-54, 111.

To the governor for signature on Thursday, April 23, at 2:15 p.m:

SB 98-1, 73, 82, 102, 145.

COMMITTEE OF REFERENCE REPORTS

State, The Committee on State, Veterans, and Military Affairs has had under consideration and

Veterans, has had a hearing on the following appointments and recommends that the appointments

and Military be confirmed:

Affairs

COLORADO BOARD OF

VETERANS AFFAIRS

for a term expiring June 30, 2000:

Rio G. Lucas of Englewood, Colorado, to serve as a veteran, as an Unaffiliated and to fill a vacancy occasioned by the resignation of Connie S. Lintz;

for terms expiring June 30, 2001:

Terrance J. Finnegan of Colorado Springs, Colorado, to serve as a veteran and a an Unaffiliated;

Marvin L. Meyers of Englewood, Colorado, to serve as a veteran and a Democrat.

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

Affairs postponed indefinitely: SR 98-13

and Labor

MESSAGE FROM THE HOUSE

April 23, 1998

Mr. President:

The House has adopted the First Report of the First Conference Committee on HB98-1401, as printed in House Journal, April 23, pages 1461-1473, and has repassed the bill as amended.

CONFERENCE COMMITTEE DISSOLVED ON SB 98-35

SB 98-35 by Sen. Mutzebaugh; Rep. Swenson--Survey Of Railroad Tracks

Senator Mutzebaugh moved that the First Conference Committee on SB 98-35 be dissolved, that the Conference Committee be discharged and that the Senate adhere to its position on SB 98-35.

The motion was adopted by the following roll call vote:


YES 33

NO 0

EXCUSED 2

ABSENT 0

Alexander
E
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
E
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

IMMEDIATE RECONSIDERATION OF SB 98-35

SB 98-35 by Sen. Mutzebaugh; Rep. Swenson--Survey Of Railroad Tracks

Having voted on the prevailing side, Senator Bishop moved for the immediate reconsideration of SB 98-35.

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

CONFERENCE COMMITTEE DISSOLVED ON SB 98-35

SB 98-35 by Sen. Mutzebaugh; Rep. Swenson--Survey Of Railroad Tracks

Senator Mutzebaugh moved that the First Conference Committee on SB 98-35 be dissolved, that the Conference Committee be discharged and that the Senate adhere to its position on SB 98-35.

The motion was adopted by the following roll call vote:


YES 34

NO 0

EXCUSED 1

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
E
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 HJR 98-1031.

______________________________

CONSIDERATION OF RESOLUTION

HJR 98-1031 by Rep. Dyer; Senator B. Alexander--Concerning the Modified Animas-LaPlata Project

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

On motion of Senator Alexander, the Resolution was ADOPTED by the following roll call vote:


YES 30

NO 4

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
N
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
N
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
E
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
N
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
N
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

Co-sponsors added: Ament, Arnold, Blickensderfer, Chlouber, Dennis, Hopper, Norton, Powers, Schroeder, Wattenberg, Wells, Wham.

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

of the for consideration of General Orders and Senator Alexander was called to the Chair to act

Whole as Chairman.

GENERAL ORDERS--SECOND READING OF BILLS

The Committee of the Whole having risen, the Chairman reported that the following bills, reading at length having been dispensed with by unanimous consent, had been considered and action taken thereon as follows:

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, SB 98-179 and 98-194 were advanced on the General Orders calendar behind SB 98-195.

______________________________

SB 98-195 by Sen. Ament; Rep. S. Johnson--Pol Subdiv Standing To Protect Property

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

SB 98-194 by Sen. Rizzuto; Rep. Grampsas--State Cash Funds

Laid over until Monday, April 27, retaining its place on the calendar.

SB 98-179 by Sen. Dennis--Safe Drinking Water Act Enforcement

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, March 19, pages 495-496.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 20, page 878.)

Amendment No. 3, by Senator Dennis

Amend the Local Government committee amendment, as printed in Senate Journal, March 19, page 495, strike lines 63 through 72.

Page 496, strike lines 1 through 13 and substitute the following:

SB 98-179

(Cont.)

"vending and dispensing machines. REVIEW AND APPROVAL BY THE DEPARTMENT, PRIOR TO INITIATION OF CONSTRUCTION, OF THE TECHNICAL PLANS AND SPECIFICATIONS, LONG­TERM FINANCIAL PLANS, AND OPERATIONS AND MANAGEMENT PLANS FOR ANY NEW WATERWORKS OR TECHNICAL PLANS AND SPECIFICATIONS FOR SUBSTANTIAL MODIFICATIONS TO EXISTING WATERWORKS. FOR THE PURPOSES OF THIS SUBPARAGRAPH (II), "WATERWORKS" MEANS THE FACILITIES THAT ARE DIRECTLY INVOLVED IN THE PRODUCTION, TREATMENT, OR DISTRIBUTION OF WATER FOR COMMUNITY AND NONTRANSIENT, NONCOMMUNITY WATER SYSTEMS, AS DEFINED IN SECTION 141.2 OF THE NATIONAL PRIMARY DRINKING WATER REGULATIONS. THE DEPARTMENT SHALL APPROVE THOSE WATERWORKS IT DETERMINES ARE CAPABLE OF COMPLYING WITH THE COLORADO PRIMARY DRINKING WATER REGULATIONS AND MAY IMPOSE CONDITIONS UPON THE COMMUNITY AND NONTRANSIENT, NONCOMMUNITY WATER SYSTEMS TO ASSURE THEIR CONTINUING COMPLIANCE WITH THE STANDARDS AND RULES OF THE DEPARTMENT. IF THE DEPARTMENT DETERMINES THAT THE COMMUNITY WATER SYSTEM LACKS TECHNICAL, FINANCIAL, OR MANAGERIAL CAPACITY TO ASSURE COMPLIANCE WITH SUCH STANDARDS AND RULES, IT MAY WITHHOLD APPROVAL OF THE NEW WATERWORKS UNTIL THE NECESSARY TECHNICAL, FINANCIAL, AND MANAGERIAL CAPACITY HAS BEEN ASSURED. THE DEPARTMENT'S APPROVAL OF WATERWORKS SHALL NOT RELIEVE A COMMUNITY WATER SYSTEM WATERWORKS FROM CONTINUING COMPLIANCE WITH ADOPTED STANDARDS AND REGULATIONS OF THE DEPARTMENT. NEW OR SUBSTANTIALLY MODIFIED NONCOMMUNITY WATER SYSTEM WATERWORKS AS DEFINED IN SECTION 141.2 OF THE NATIONAL PRIMARY DRINKING WATER REGULATIONS SHALL DEMONSTRATE TO THE DEPARTMENT THAT THE FACILITIES WILL MEET APPLICABLE SITING CRITERIA AND THE STATE PRIMARY DRINKING WATER STANDARDS.".".

Amendment No. 4, by Senator Dennis

Amend the Appropriations Committee amendment, as printed in Senate Journal, April 20, page 878, line 38, strike "through 8;" and substitute "through 8.";

strike line 40 through line 45.

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

Senator Wells moved that the Committee of the Whole rise, report progress and beg leave to sit again. A majority of those elected to the Senate having voted in the affirmative, the motion was adopted.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

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

SB 98-195, declared passed on Second Reading.

SB 98-179 as amended, declared passed on Second Reading.

SB 98-194, laid over until Monday, April 27, retaining its place on the calendar.

__________________________

On motion of Senator Wells, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SB 98-189, 98-191; HB 98-1072, 98-1242, 98-1266, 98-1075, 98-1394, 98-1369, 98-1009, 98-1321, 98-1037; SCR 98-8; HB 98-1380, 98-1058, 98-1213, 98-1267 were made Special Orders at 10:30 a.m.

__________________________

Committee The hour of 10:30 a.m. having arrived, Senator Alexander moved that the Senate resolve

of the itself into Committee of the Whole for consideration of Special Orders and Senator

Whole Alexander was called to the Chair to act as Chairman.

SPECIAL ORDERS--SECOND READING OF BILLS--10:30 A.M.

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 98-189 by Sen. Hopper--Regulation Of Retail Food Establishments

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

(Printed in Senate Journal, April 16, pages 848-849.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 23, page 941-942.)

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

SB 98-191 by Sen. Dennis; Rep. Entz--Upper Purgatoire Watershed Land Purchase

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

HB 98-1072 by Rep. Morrison; Senator Wham--Regulation Of Psychotherapy

Laid over until the General Orders calendar of Monday, April 27, retaining its place on the calendar.

HB 98-1242 by Rep. Anderson; Sen. Lamborn--Reduction In PERA Contribution

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 23, pages 943-946.)

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

HB 98-1266 by Rep. Taylor; Senator Coffman--Personal Income Tax Modifications

Laid over until the General Orders calendar of Monday, April 27, retaining its place on the calendar.

HB 98-1075 by Rep. May; Senator Mutzebaugh--Motor Vehicle Registration

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, April 22, pages 926-927.)

Amendment No. 2, by Senator Mutzebaugh

Amend reengrossed bill, page 2, line 17, strike "(a)." and substitute "(a) OR LICENSE PLATES THAT HAVE BEEN REMANUFACTURED UNDER SECTION 42­3­113.5.".

Page 3, after line 10, insert the following:

"SECTION 2.  Article 3 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

42­3­113.5.  Remanufacture of certain license plates. A MOTOR VEHICLE OWNER WHO WISHES TO RETAIN A SET OF LICENSE PLATES THAT CONTAIN ONLY TWO ALPHABETIC FIGURES AND UP TO FOUR NUMERIC FIGURES MAY HAVE SUCH LICENSE PLATES REMANUFACTURED UPON APPLICATION TO THE DEPARTMENT. ONLY NUMBER PLATES CURRENTLY ASSIGNED AND REGISTERED TO SUCH OWNER ARE ELIGIBLE FOR REMANUFACTURE. THE APPLICATION SHALL BE ON SUCH FORM AS IS DETERMINED BY THE DIVISION OF MOTOR VEHICLES. NO ADDITIONAL FEE SHALL BE CHARGED FOR REMANUFACTURE BEYOND THE EXISTING TAXES AND FEES IMPOSED FOR VEHICLE REGISTRATION. REMANUFACTURE IS NOT AUTHORIZED FOR ANY LICENSE PLATES OTHER THAN THE PLATES DESCRIBED IN THIS SECTION.".

Renumber succeeding section accordingly.

As amended, referred to Committee on Appropriations.

HB 98-1009 by Rep. Sullivant; Senator Tebedo--Fire Suppression System Program

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

HB 98-1394 by Rep. Pankey; Senator Blickensderfer--Personal ID For State Benefits

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

HB 98-1369 by Rep. Salaz; Sen. Arnold--Chiropractic License Examination

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 23, pages 942-943.)

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

HB 98-1321 by Rep. G. Berry; Senator Hopper--Colorado Youth Mentoring Services

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, April 13, page 749.)

Amendment No. 2, by Senator Hopper

Amend reengrossed bill, page 5, line 18, strike "AND SUBSEQUENT TRACKING".

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

HB 98-1037 by Rep. Entz; Senator Wattenberg--Mileage Allow For State Officers & Emp

Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment

(Printed in Senate Journal, April 21, page 916.)

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

SCR 98-8 by Sen. Coffman--100 Day Legislative Sessions

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

HB 98-1213 by Rep. Swenson; Sen. Arnold--Proof Of Insurance Vehicle Registration

Laid over until the General Orders calendar of Monday, April 27, retaining its place on the calendar.

HB 98-1267 by Rep. Allen; Senator B. Alexander--Educational Reforms

Laid over until the General Orders calendar of Monday, April 27, retaining its place on the calendar.

HB 98-1058 by Rep. Lamborn; Senator Norton--Environmental Leadership Program

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, April 15, page 822.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 23, page 942.)

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

The following bill on the Special Orders calendar of Friday, April 24, was laid over until the General Orders calendar of Monday, April 27, retaining its place on the calendar:

HB 98-1380

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Alexander, 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 98-191; SCR 98-8; HB 98-1009, 98-1394, declared passed on Second Reading.

SB 98-189 as amended; HB 98-1242 as amended, 98-1369 as amended, 98-1321 as amended, 98-1037 as amended, 98-1058 as amended, declared passed on Second Reading.

HB 98-1075 as amended, referred to Committee on Appropriations.

HB 98-1072, 98-1266, 98-1213, 98-1267, 98-1380, laid over until the General Orders calendar of Monday, April 27, retaining their place on the calendar.

SIGNING OF BILL

The President has signed: HB98-1401.

COMMITTEE OF REFERENCE REPORTS

State, The Committee on State, Veterans, and Military Affairs has had under consideration and

Veterans, has had a hearing on the following appointments and recommends that the appointments

and Military be confirmed:

Affairs

COLORADO TOURISM BOARD

for terms expiring May 11, 1999:

John M. Frew of Denver, Colorado, to serve as a representative of the ski industry, appointed;

Robert L. Knous, Jr. of Breckenridge, Colorado, to serve as a representative of the transportation industry, appointed;

Lisa R. Herzlich of Denver, Colorado, to serve as a representative of the private tourist attraction industry, appointed;

for terms expiring May 11, 2001:

Roderick E. Barker of Durango, Colorado, to serve as a representative of hotel, motel and lodging industry, reappointed;

Willis M. McFarlane of Denver, Colorado, to serve as a representative of food, beverage and restaurant industry, appointed.

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1227

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Senate for final action: SJR 98-33

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

riations referred favorably to the Committee of the Whole:

HB 98-1030, 98-1088, 98-1173, 98-1231, 98-1287, and 98-1318

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

riations referred favorably to the Committee of the Whole:

HB 98-1003, 98-1202, 98-1307, 98-1333


Approp- After consideration on the merits, the committee recommends that HB 98-1217 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 7, strike lines 2 through 11.

Renumber succeeding sections accordingly.

Approp- After consideration on the merits, the committee recommends that HB 98-1106 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 Senate Journal, February 27, page 371, line 11, strike "environment," and substitute "environment, air quality control division, administration, operating expenses,";

line 14, strike "be" and substitute "be from cash funds exempt";

line 23, strike "from" and substitute "from cash funds exempt received from the department of public health and environment out of ".

Approp- After consideration on the merits, the committee recommends that HB 98-1001 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 16, strike lines 21 through 23.

Approp- After consideration on the merits, the committee recommends that HB 98-1364 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 9, insert the following:

"SECTION 3.  Appropriation ­ adjustments in long bill. (1)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the supreme court library fund created in section 13-2-120, Colorado Revised Statutes, not otherwise appropriated, to the judicial department, for allocation to the supreme court, law library, for the fiscal year beginning July 1, 1998, the sum of seventy-three thousand dollars ($73,000), so much thereof as may be necessary, for the implementation of this act.

(2)  For the implementation of this act, any general fund appropriation made in the annual general appropriation act for the fiscal year beginning July 1, 1998, to the judicial department, for allocation to the supreme court, law library, is eliminated.".

Renumber succeeding sections accordingly.

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

Approp- After consideration on the merits, the committee recommends that HB 98-1324 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 16, line 26, strike "seven thousand two hundred dollars ($7,200)." and substitute "five thousand nine hundred fifty dollars ($5,950).".

Page 17, line 4, strike "eleven thousand dollars ($11,000)." and substitute "ten thousand five hundred dollars ($10,500).";

line 8, strike "two hundred" and substitute "four hundred thirty-six thousand five hundred forty dollars ($436,540) and 4.2 FTE.";

strike line 9;

HB 98-1324

(Cont.)

line 13, strike "seven thousand two hundred dollars ($7,200)" and substitute "five thousand nine hundred fifty dollars ($5,950)".

Approp- After consideration on the merits, the committee recommends that HB 98-1398 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 6, insert the following:

"SECTION 2. 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.".

Renumber succeeding section accordingly.

Approp- After consideration on the merits, the committee recommends that HB 98-1160 be

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

Amend the Judiciary Committee amendment, as printed in Senate Journal, March 24, page 556, strike lines 49 through 72 and substitute the following:

""SECTION 36. The introductory portion to 24­75­302 (2) and 24­75­302 (2) (m) and (2) (n), Colorado Revised Statutes, are amended, and the said 24­75­302 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

24­75­302. Capital construction fund ­ capital assessment fees ­ calculation. (2)  As of July 1, 1988, and July 1 of each year thereafter through July 1, 2001 2002, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24­75­201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:

(m)  On July 1, 2000, one hundred eighty­four thousand ninety dollars pursuant to H.B. 97­1186, plus four hundred seventy­eight thousand six hundred thirty­four dollars pursuant to H.B. 97­1077, enacted at the first regular session of the sixty­first general assembly, PLUS SEVENTY­ONE THOUSAND TWO HUNDRED SEVEN DOLLARS PURSUANT TO H.B. 98­1160, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY; and

(n)  On July 1, 2001, one hundred fifty­four thousand six hundred thirty­six dollars pursuant to H.B. 97­1186, plus nine hundred five thousand seven hundred twenty­three dollars pursuant to H.B. 97­1077, enacted at the first regular session of the sixty­first general assembly, PLUS THREE HUNDRED FORTY­NINE THOUSAND FIFTY­FIVE DOLLARS PURSUANT TO H.B. 98­1160, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY; AND

(o)  ON JULY 1, 2002, THREE HUNDRED NINETY­SEVEN THOUSAND NINE HUNDRED TWENTY­THREE DOLLARS PURSUANT TO H.B. 98­1160, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY.".

Renumber succeeding sections accordingly.

Page 20, line 5, strike "GENERAL FUND" and substitute "CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24­75­302, C.R.S.,";

line 10, strike "GENERAL FUND" and substitute "CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24­75­302, C.R.S.,";

HB 98-1160

(Cont.)

line 20, strike "GENERAL FUND" and substitute "CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24­75­302, C.R.S.,".".

Strike page 557 of the committee amendment.

Page 558 of the committee amendment, strike lines 1 through 49.

Approp- After consideration on the merits, the committee recommends that HB 98-1092 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 6, strike "ten thousand one hundred sixty dollars ($10,160)," and substitute "twelve thousand seven hundred dollars ($12,700),".

Approp- After consideration on the merits, the committee recommends that HB 98-1068 be

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

Strike the Judiciary Committee amendment, as printed in Senate Journal, April 17, page 872, lines 41 through 44, and substitute the following:

"Amend reengrossed bill, page 3, strike lines 12 through 26, and substitute the following:

"(2) (a) THE GENERAL ASSEMBLY DECLARES ITS INTENTION TO COMMIT STATE MONIES TO THE FUND FOR THE PURPOSES SET FORTH IN THIS SECTION. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (2), THE TOTAL AMOUNT OF THE PRINCIPAL IN THE FUND SHALL NOT EXCEED FIFTY MILLION DOLLARS.".

Page 4, line 1, strike "(c)" and substitute "(b)".

Page 8, line 26, strike "FIFTY MILLION" and substitute "THREE MILLION THREE HUNDRED THOUSAND".

Page 9, line 17, strike "fifty million dollars ($50,000,000)," and substitute "three million three hundred thousand dollars ($3,300,000),";

strike lines 19 through 24, and substitute the following:

"(2) It is the intent of the general assembly that the department of personnel will request, through the supplemental appropriation process, an appropriation from the public safety communication trust fund, for the fiscal year beginning July 1, 1998, for the implementation of this act.".".

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

riations postponed indefinitely: HB 98-1099

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

riations postponed indefinitely: HB 98-1276

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

riations postponed indefinitely: HB 98-1281 and 98-1399

Agriculture, After consideration on the merits, the committee recommends that HB 98-1408 be

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

Resources favorable recommendation:

and Energy

Amend reengrossed bill, page 1, after line 1, insert the following:

"SECTION 1.  24­4­103 (4), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

HB 98-1408

(Cont.)

24­4­103.  Rule­making ­ procedure. (4) (a.5)  ANY STUDY OR OTHER DOCUMENTATION UTILIZED BY AN AGENCY AS THE BASIS OF A PROPOSED RULE SHALL BE A PUBLIC DOCUMENT IN ACCORDANCE WITH THE PROVISIONS OF PART 2 OF ARTICLE 72 OF THIS TITLE AND SHALL BE OPEN FOR PUBLIC INSPECTION. ALL INFORMATION, INCLUDING, BUT NOT LIMITED TO, RESEARCH, DATA, PUBLISHED PAPERS, AND DOCUMENTS, USED BY THE AGENCY IN THE DEVELOPMENT OF A PROPOSED RULE SHALL BE A PUBLIC DOCUMENT IN ACCORDANCE WITH THE PROVISIONS OF PART 2 OF ARTICLE 72 OF THIS TITLE AND SHALL BE OPEN FOR PUBLIC INSPECTION.

SECTION 2.  35­9­118, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

35­9­118.  Powers and duties of the commissioner. (2.5) (a)  THE COMMISSIONER SHALL EXPEDITE, TO THE EXTENT PRACTICABLE AND EFFICIENT, THE PROCESSING OF APPLICATIONS FOR THE ISSUANCE OF A SPECIAL LOCAL NEEDS REGISTRATION MADE PURSUANT TO SECTION 24 (c) OF THE "FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", AS AMENDED.

(b) THE COMMISSIONER SHALL NOT DENY THE ISSUANCE OF A SPECIAL LOCAL NEEDS REGISTRATION MADE PURSUANT TO SECTION 24 (c) OF THE "FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", AS AMENDED, SOLELY FOR THE REASON THAT:

(I) A CONTRACT BETWEEN A GROWER OR GROWER'S GROUP AND A MANUFACTURER OR SELLER INCLUDES CONTRACTUAL PROVISIONS LIMITING LIABILITY OF THE MANUFACTURER OR SELLER; OR

(II) A LABEL ON THE PACKAGING CONTAINS A DISCLAIMER OF LIABILITY.".

Renumber succeeding sections accordingly.

Agriculture, After consideration on the merits, the committee recommends that HB 98-1409 be

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

Resources favorable recommendation:

and Energy

Amend reengrossed bill, page 5, line 18, strike "2001." and substitute "2005.";

line 21, strike "(3) (r)," and substitute "(3),";

line 22, after "amended", insert "BY THE ADDITION OF A NEW PARAGRAPH";

strike line 26 and substitute the following:

"(n) JULY 1, 2005: THE WILDLIFE MANAGEMENT PUBLIC EDUCATION ADVISORY COUNCIL, CREATED IN SECTION 33-4-119, C.R.S.".

Page 6, strike lines 1 through 5.

Approp- After consideration on the merits, the committee recommends that HB 98-1246 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, strike lines 2 through 5, and substitute the following:

"SECTION 1. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the supplier database cash fund created pursuant to section 24-102-202.5 (2), Colorado Revised Statutes, not otherwise appropriated to the department of personnel, for the fiscal year beginning July 1, 1998, the sum of two hundred twenty-five thousand dollars ($225,000), or so much thereof as may be necessary, for the implementation of this act.".

Strike page 2.

Page 3, strike lines 1 through 6;

line 7, strike "3" and substitute "2".

MESSAGE FROM THE HOUSE

April 24, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HCR98-1009.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HCR98-1008, amended as printed in House Journal, April 23, pages 1448-1449;

SB98-107, amended as printed in House Journal, April 23, page 1448;

SB98-148, amended as printed in House Journal, April 23, page 1448.

The House has passed on Third Reading and returns herewith SB98-015.

MESSAGE FROM THE REVISOR

April 24, 1998

We herewith transmit:

without comment, HCR98-1009; and,

without comment, as amended, HCR98-1008, SB98-107, and SB98-148.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 98-1402

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

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 98-1402, concerning an increase in the transfer of moneys from the general fund to the capital construction fund, has met and reports that it has agreed upon the following:

That the House accede to the Senate amendment made to the bill, as said amendment appears in the rerevised bill, with the following change:

Amend rerevised bill, page 2, strike line 17 and substitute the following:

"PLUS THREE HUNDRED FIVE MILLION TWO HUNDRED SEVENTY-THREE THOUSAND ONE HUNDRED FIFTEEN";

line 18, strike "HUNDRED".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

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

Rep. David Owen Sen. Tom Blickensderfer

Rep. Gilbert E. Romero 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 balance of the calendar of Friday, April 24, was laid over until Monday, April 27, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring Pat Smart by Senator Phillips

Honoring Lindsey Brooks by Senator Bishop

Honoring Ryder Lee Baker by Senator Norton

Honoring Theodore Swanson by Senator Bishop

Honoring Paul Wells by Senator Bishop

Honoring Hazel MacKendrick by Senator Bishop and Representatives Smith and G. Berry

Honoring Daniel MacKendrick by Senator Bishop and Representatives Smith and G. Berry

Honoring Kay Alexander by Senator Bishop

Honoring Erie High School Football Team by Senator Phillips

Honoring Erie High School Boys' Basketball Team by Senator Phillips

Honoring Longmont Chapter of American Association of University Women by Senator Phillips

Honoring Anne Landman by Senator Rupert

Honoring Brett Wallace by Senator Rupert

Honoring Gerald "Jerry" Weaver by Senator Bishop

Honoring Velda Bailey by Senator Bishop

Honoring the Southeastern Water Conservation District by Senator Dennis, Thiebaut and Rizzuto and Representatives Lawrence, Salaz, Spradley and Young

Honoring Lao-Hmong and Laotian Communities by Senator Alexander and Representative Dyer

Honoring Michael D. Widler by Senator Bishop and Representatives Smith and G. Berry

Honoring Members and Organizers of the Hillside Multicultural Dance Group

Honoring Loretta Hagerman by Senator Bishop

Honoring Tony Redding by Senator Bishop

Honoring Mary Placencia by Senator Bishop

Honoring Robert Vigil by Senator Dennis

Honoring Jeff Gonzales by Senator Dennis

Honoring Brian Carlucci by Senator Dennis

Honoring Monte Vista Wrestling Team by Senator Dennis

Honoring Lt. Karl Swensen by Senator Reeves

Honoring Joel Jones by Senator Alexander and Representative Dyer

Honoring Tom, Sam and Dick Hewson by Senator Matsunaka and Representative Kaufman

Honoring Joe Fontana by Senator Matsunaka

Honoring R.A. Woodcocks by Senator Rupert

Honoring Dora Duncan by Senator Bishop

Honoring Myron "Mike" Brown by Senator Bishop

Honoring George Ansell by Senators Alexander, Arnold, Chlouber, Lamborn, Matsunaka, Pascoe and Thiebaut and Representatives Allen, Dean, Arrington, Bacon, Gotlieb, Keller, Schauer, Sinclair, Sullivant, Tupa and S. Williams.

Honoring George Ansell by Senator Bishop

Memorializing Roland Rautenstraus by Senator Rupert

Memorializing Gil Horn by Senators Rupert and Pascoe

Memorializing George Williams by Senator Rupert

Memorializing Robert William Wiseman, Sr. by Senator Thiebaut

Memorializing John "Jack" Armstrong by Senator Thiebaut

Memorializing Eleanor Percival by Senator Thiebaut

Memorializing Mary Rose Bodovinac by Senator Thiebaut

Memorializing John Zupan by Senator Thiebaut

Memorializing Dolly M. Theis by Senator Thiebaut

JOURNAL CORRECTION

Senate Journal, April 23, page 939, line 67, strike "Trans-" and line 68, strike "portation" and replace with "State, Veterans, and Miliary Affairs".


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

April 27, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate