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

Order

Prayer By the chaplain, Dr. Mel Taylor.

Roll Call Present--Total, 31

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

Absent--Coffman, Congrove, Wham--Total, 3.

Present later--Coffman, Congrove, Norton, Wham.

Quorum The President announced a quorum present.

Reading of On motion of Senator Phillips, reading of the Journal of January 28th was dispensed with

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

COMMITTEE OF REFERENCE REPORTS

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Senate for final action: HJR 98-1006

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB 98-74

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

portation postponed indefinitely: SB 98-98

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

Veterans, referred favorably to the Committee of the Whole: HB 98-1121

and Military

Affairs

______________________________

On motion of Senator Schroeder, 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.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

On motion of Senator Ament, and with a majority of those elected to the Senate having voted in the affirmative, consideration of the following Governor's appointment was laid over until Friday, January 30:

STATE BOARD OF

LAND COMMISSIONERS

for terms expiring June 30, 2001:

Jay P. K. Kenney of Denver, Colorado, to serve as a person with substantial experience in natural resource conservation, appointed.

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

COLORADO HEALTH FACILITIES

AUTHORITY

for terms expiring June 30, 2001:

Stephen S. Swanson of Basalt, Colorado, to serve as a Democrat, reappointed;

H. Ben Weindling of Pueblo, Colorado, to serve as a Democrat, reappointed.

YES 35		NO 0		EXCUSED 0		ABSENT 0
Alexander	Y	Duke	Y	Mutzebaugh	YE	Tanner	Y
Ament	Y	Feeley	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Perlmutter	Y	Thiebaut	Y
Bishop	YY	Hopper	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Johnson	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lacy	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 Ament, the following Governor's appointments were confirmed by a roll call vote:

WILDLIFE COMMISSION

for terms expiring March 1, 2001:

Bernard L. Black of Denver, Colorado, to serve as a public member from District 5 and as an Unaffiliated, appointed;

Mark B. LeValley of Hotchkiss, Colorado, to serve as a livestock producer from District 2 and a Republican, reappointed.

YES 35		NO 0		EXCUSED 0		ABSENT 0
Alexander	Y	Duke	Y	Mutzebaugh	YE	Tanner	Y
Ament	Y	Feeley	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Perlmutter	Y	Thiebaut	Y
Bishop	YY	Hopper	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Johnson	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lacy	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

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

of the for consideration of General Orders and Senator Mutzebaugh 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 Schroeder, and with a majority of those elected to the Senate having voted in the affirmative, SB 98-90 was advanced on the General Orders calendar.

______________________________

SB 98-90 by Sen. Wattenberg; Rep. Kaufman--Enactment Of CRS 1997

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

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, SB 98-87 was advanced on the General Orders calendar.

______________________________

98-87 by Sen. Hopper; Rep. Epps--Building Accessibility Requirements

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

HB 98-1002 by Rep. McPherson; Senator Blickensderfer--House Redistricting

Amendment No. 1, by Senator Blickensderfer

Amend reengrossed bill, page 3, strike lines 19 through 26.

Strike pages 4 and 5.

Page 6, strike lines 1 through 8, and substitue the following:

"(a)  District 44: THE COUNTIES OF CUSTER, FREMONT, AND TELLER AND THE FOLLOWING PORTIONS OF PUEBLO COUNTY: BLOCK GROUPS 1, 2, 3, 4, AND 5 AND BLOCKS 642, 643A, 644, 645, 646, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, AND 679 IN TRACT 28.04; BLOCK GROUP 2 AND BLOCKS 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 140, 141, 144, 145, 146, 147, 148, 149, 150, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 195, 196, 197, AND 199 IN TRACT 28.06 ; AND BLOCKS 203, 204, 205, 206, 207, 208, 209, 315, 316A, 316B, 317, 318A, 318B, 318C, 318D, AND 319 IN TRACT 28.07.

HB 98-1002

(Cont.)

(b)  District 45: THE FOLLOWING PORTIONS OF PUEBLO COUNTY: TRACTS 9.03, 9.04, 9.05, 16, 17, 28.02, 29.03, 29.05, 33, AND 34; BLOCK GROUP 1 AND BLOCKS 201, 202, 203, 204, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, AND 309 IN TRACT 1; BLOCK GROUPS 1 AND 2 AND BLOCKS 301, 302, 303, AND 304 IN TRACT 4; BLOCKS 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 112, 116, 121, 122, 123, 140, 141, 213, 220, 221, 224, 301, 304, 305, 308, 309, 312, 313, 314, 318, 319, 322, 323, 324, 401, 402, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 418, AND 421 IN TRACT 5; BLOCKS 322, 323, 324, 325, 326, 327, AND 328 IN TRACT 6; BLOCK GROUPS 2, 3, AND 4 AND BLOCKS 101, 102, 103, 104, 106, 124, 125, 126, 127, 128, AND 129 IN TRACT 9.02; BLOCK 101B IN TRACT 13; BLOCKS 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 204, 212, 213, 220, 224, 225, 226, 227, AND 228 IN TRACT 15; BLOCK GROUPS 1 AND 2 AND BLOCKS 301, 302, 303, 304, 305, 306, 307, 310, 311, 312, 313, AND 316 IN TRACT 18; BLOCKS 106, 107, 108, AND 114 IN TRACT 19; BLOCKS 135, 136, 137, 138, 139, AND 194 IN TRACT 28.06; THAT PART OF TRACT 28.07 THAT IS NOT IN DISTRICT 44; BLOCK GROUPS 1, 2, 4, 5, 6, 7, 8, AND 9 AND BLOCKS 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 399B, 699A, AND 799 IN TRACT 29.04; BLOCK GROUP 2 AND BLOCKS 101A, 102, 103, 104, 105, 106, 107, 109, 110, 299A, 299B, AND 299C IN TRACT 30.01; BLOCKS 101, 102, 103, 104, 105, 106, 107, 108, 109, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161A, 161B, 162, 163, 166, 167, 199A, AND 199B IN TRACT 30.03; BLOCKS 102A, 102B, 102C, 103A, 103B, 104, 105, 106, 107, 108, 109, AND 110 IN TRACT 30.04; BLOCK GROUPS 1 AND 3 AND BLOCKS 201, 202, 203, 204, 205, 206, 207, 208, 209, 212, 223, 224, 225, 226, 227, 228, 401, 402, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 415, 416, 699, 901, 902, 903, 904, 905, 906, 910, 911, 912, 913, 914, 915, 920, 922, 923, 925, 999A, 999B, AND 999C IN TRACT 31.01; BLOCK GROUPS 1, 3, AND 7 AND BLOCKS 201, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 220, 222, 224, AND 225 IN TRACT 31.02; AND BLOCKS 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 155, 156, 157, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 197, 199A. 199B, 199C, AND 199D IN TRACT 32.

(c)  District 46: THE FOLLOWING PORTIONS OF PUEBLO COUNTY: TRACTS 2, 3, 7, 14, 22, 23, 24, 25, 26, 27, 28.01, 28.08, AND 29.01; THOSE PARTS OF TRACTS 1, 4, 5, 6, 15, 18, 19, AND 29.04 THAT ARE NOT IN DISTRICT 45; BLOCK GROUP 1 AND BLOCKS 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217, 219, 401, 402, 407, 412, 413, 417, 418, 419, 420, 421, AND 422 IN TRACT 8; BLOCK GROUPS 2 AND 3 IN TRACT 13; BLOCK GROUPS 3, 4, AND 5 AND BLOCKS 208, 209, 210, 211, 212, 213, AND 215 IN TRACT 20; BLOCK GROUPS 2 AND 3 AND BLOCKS 102, 103, 104, 105, 106A, 106B, 110, AND 113 IN TRACT 21; AND THAT PART OF TRACT 28.06 THAT IS NOT IN DISTRICT 44 OR 45.".

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

The following bills on the General Orders calendar of Thursday, January 29, were laid over until Friday, January 30, retaining their place on the calendar:

SB 98-13, 98-19, 98-35, 98-103, 98-38, 98-71, 98-12, 98-14.

ROLL CALL ON HB 98-1002

HB 98-1002 by Rep. McPherson; Senator Blickensderfer--House Redistricting

On the request of Senator Feeley, the President ordered a roll call vote on HB 98-1002.

Call of Call of Senate.

Senate

Call Raised.

YES 21		NO 14		EXCUSED 0		ABSENT 0
Alexander	Y	Duke	N	Mutzebaugh	YE	Tanner	Y
Ament	Y	Feeley	N	Pascoe	N	Tebedo	Y
Arnold	Y	Hernandez	Y	Perlmutter	N	Thiebaut	N
Bishop	YY	Hopper	Y	Phillips	N	Wattenberg	Y
Blickensderfer	Y	Johnson	Y	Powers	Y	Weddig	N
Chlouber	Y	Lacy	Y	Reeves	N	Wells	Y
Coffman	N	Linkhart	N	Rizzuto	N	Wham	Y
Congrove	Y	Martinez	Y	Rupert	N	Mr. President	Y
Dennis	N	Matsunaka	N	Schroeder	Y

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Mutzebaugh, 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 98-90, 98-87, declared passed on Second Reading.

HB 98-1002 as amended, declared passed on Second Reading.

SB 98-13, 98-19, 98-35, 98-103, 98-38, 98-71, 98-12, 98-14, laid over until Friday, January 30, retaining their place on the calendar.

COMMITTEE OF REFERENCE REPORT

Judiciary After consideration on the merits, the committee recommends that SB 98-54 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, strike everything below the enacting clause, and substitute the following:

SB 98-54

(Cont.)

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

17­1­105.1.  Accreditation of nonstate­owned prison facilities. (1)  AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a)  "INMATES" MEANS ANY PERSON WHO IS SENTENCED TO A TERM OF INCARCERATION FOR A VIOLATION OF THE LAWS OF THIS STATE, THE UNITED STATES, OR ANY OTHER STATE.

(b)  "PRIVATE PRISON" MEANS ANY PRIVATE PRISON FACILITY LOCATED IN THIS STATE THAT CONTRACTS WITH ANY STATE OR LOCAL GOVERNMENT TO HOUSE ADULT INMATES AND SHALL NOT INCLUDE ANY LOCAL JAIL OR COMMUNITY CORRECTIONS PROGRAM.

(2)  PRIOR TO SUBMITTING BUILDING PLANS TO ANY COUNTY, MUNICIPALITY, CITY AND COUNTY, OR OTHER LOCAL GOVERNMENTAL AGENCY ANY COMPANY PROPOSING TO CONSTRUCT A PRIVATE PRISON WITHIN THE STATE SHALL CONDUCT AT LEAST ONE HEARING FOR PUBLIC INPUT FOLLOWING AT LEAST TWENTY DAYS' NOTICE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE PRIVATE PRISON IS TO BE LOCATED.

(3)  NO PRIVATE PRISON SHALL CONTRACT TO HOUSE ANY INMATE UNLESS WITHIN TWO YEARS OF THE DATE THAT IT ACCEPTS ITS FIRST INMATE IT HOLDS A CURRENT ACCREDITATION BY THE AMERICAN CORRECTIONAL ASSOCIATION.

SECTION 2.  17­1­104.5, Colorado Revised Statutes, is amended to read:

17­1­104.5.  Incarceration of inmates from other states ­ private contract prison facilities. (1)  The general assembly finds and declares that the importation of prisoners from other states into correctional facilities not operated by the department of corrections is a matter of statewide concern.

(2)  No inmate from a state other than Colorado may be received into the state of Colorado and be housed in a private contract prison facility or a prison facility operated by a political subdivision of the state:

(a)  Without the express approval of the executive director, which approval shall not be unreasonably withheld; AND

(b)  UNLESS THE PRIVATE CONTRACT PRISON FACILITY OR A PRISON FACILITY OPERATED BY A POLITICAL SUBDIVISION IS DESIGNED TO MEET OR EXCEED THE APPROPRIATE SECURITY LEVEL FOR THE INMATE.

SECTION 3.  Effective date ­ applicability. (1)  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

(2)  The provision of this act shall apply to contracts entered into after the applicable effective date of this act.".

Page 1, line 101, strike "LICENSURE" and substitute "REGULATION".

______________________________

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, January 29, was laid over until Friday, January 30, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring Mike Ross by Senator Arnold

Honoring Shawn H. Garvin by Senator Mutzebaugh

Honoring Jeffrey Brateman by Senator Mutzebaugh

Honoring Platte Valley Medical Center by Senator Norton

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

January 30, 1998.

Approved:

Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate