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

59th Legislative Day Friday, March 6, 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/Excused--Mutzebaugh, Wells--Total, 2.

Absent--Lacy--Total, 1.

Present later--Lacy.

Quorum The President announced a quorum present.

Reading of On motion of Senator Phillips, reading of the Journal of March 5th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 98-182, 183.

Services

Correctly enrolled: SB 98-19; also SJR 4, 8.

SIGNING OF BILLS

The President has signed: SB 98-19.

The President has signed: HB98-1031.

The President has signed: HB98-1071.

The President has signed: HB98-1043, 1344, 1345, and 1347.

SIGNING OF RESOLUTIONS

The President has signed: SJR 98-4, 8.

The President has signed: HJR98-1014.

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 98-1094

Welfare and

Institutions

Health, After consideration on the merits, the committee recommends that HB 98-1309 be

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

Welfare and favorable recommendation:

Institutions

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

"SECTION 1.  10­16­102, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

10­16­102.  Definitions. As used in this article, unless the context otherwise requires:

HB 98-1309

(Cont.)

(28.7)  "PATIENT WITH DIABETES" MEANS A PERSON WITH ELEVATED BLOOD GLUCOSE LEVELS WHO HAS BEEN DIAGNOSED AS HAVING DIABETES BY AN APPROPRIATELY LICENSED HEALTH CARE PROFESSIONAL.".

Renumber succeeding sections accordingly.

Page 1, strike lines 5 through 8 and substitute the following:

"(a)  ANY HEALTH BENEFIT PLAN THAT PROVIDES HOSPITAL, SURGICAL, OR MEDICAL EXPENSE INSURANCE SHALL PROVIDE COVERAGE FOR DIABETES THAT SHALL INCLUDE".

Page 2, strike lines 1 through 3 and substitute the following:

"AND EDUCATION, INCLUDING MEDICAL NUTRITION THERAPY IF".

Health, After consideration on the merits, the committee recommends that HB 98-1204 be

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

Welfare and favorable recommendation:

Institutions

Amend reengrossed bill, page 8, line 22, strike "EIGHTY-FIVE" and substitute "EIGHTY".

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

Environment, referred favorably to the Committee of the Whole: HB 98-1131

Welfare and

Institutions

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

Affairs referred favorably to the Committee of the Whole: HB 98-1014

and Labor

Business After consideration on the merits, the committee recommends that HB 98-1018 be

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

and Labor favorable recommendation:

Amend reengrossed bill, page 1, line 6, strike "2004" and substitute

"2008".

Business After consideration on the merits, the committee recommends that HB 98-1235 be

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

and Labor favorable recommendation:

Amend reengrossed bill, page 2, after line 19, insert the following:

"SECTION 3. 11-22-108 (1) (a), Colorado Revised Statutes, is amended to read:

11­22­108. Forbidden powers. (1) No industrial bank has power to do any of the following:

(a) To carry demand bank accounts ACCEPT DEMAND DEPOSITS THAT THE DEPOSITOR MAY WITHDRAW BY CHECK OR SIMILAR MEANS FOR PAYMENT TO THIRD PARTIES;".

Renumber succeeding sections accordingly.

Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under consideration

Natural and has had a hearing on the following appointments and recommends that the

Resources appointments be confirmed:

and Energy

COLORADO WATER RESOURCES

AND POWER DEVELOPMENT AUTHORITY

for terms expiring October 1, 2001:

Ann E. Nichols of Mantiou Springs, Colorado, to serve as a representative from the Arkansas Drainage Basin and as a Republican, appointed;

Thomas R. Sharp of Steamboat Springs, Colorado, to serve as a representative from the Yampa White Drainage Basin experienced in the planning and developing of water projects and as a Republican, reappointed.

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

Government referred favorably to the Committee of the Whole: HB 98-1127

Local After consideration on the merits, the committee recommends that HB 98-1086 be

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

Amend reengrossed bill, page 2, line 8, strike "subdivision or" and substitute "subdivision, or";

line 9, strike "is both" and substitute "is both" and strike "county and" and substitute "county, and OR".

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

Government referred favorably to the Committee of the Whole: HB 98-1253

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1150

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB 98-91

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB 98-127

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB 98-150

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SB 98-168

Judiciary After consideration on the merits, the committee recommends that HB 98-1183 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 27, line 12, strike "TO RETAIN THE" and substitute "THE RETENTION OF THE".

Page 29, line 9, after "RESIDE", insert "UNLESS OTHERWISE ORDERED BY THE COURT FOR GOOD CAUSE SHOWN".





MESSAGE FROM THE HOUSE

March 5, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1337, amended as printed in House Journal, March 4, pages 819-827;

HB98-1369, amended as printed in House Journal, March 4, page 828;

HB98-1370, amended as printed in House Journal, March 4, page 828;

SB98-012, amended as printed in House Journal, March 4, pages 827-828;

SB98-137, amended as printed in House Journal, March 4, page 828.

MESSAGE FROM THE REVISOR

March 5, 1998

We herewith transmit:

without comment, as amended, HB98-1337, HB98-1369, HB98-1370, SB98-012, and SB98-137.

THIRD READING OF BILL--FINAL PASSAGE

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

HB 98-1139 by Rep. Leyba; Senator Chlouber--Tobacco­free Schools

Laid over until Monday, March 9, retaining its place on the calendar.

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

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

Whole as Chairman.

GENERAL ORDERS--SECOND READING OF BILLS

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

SB 98-161 by Sen. Wells; Rep. Anderson--Legislative Appropriation Bill

Amendment No. 1, by Senators Linkhart and Wattenberg

Amend printed bill, page 2, line 14 after the period add the following:

"It is the intent of the General Assembly that $100,000 of any unspent monies appropriated for special sessions during the 1998 interim be added to the line item for legislative aides.".

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

HB 98-1016 by Rep. T. Williams; Senator Schroeder--Regulation Of Architects

Laid over until Monday, March 9, retaining its place on the calendar.

HB 98-1208 by Rep. S. Williams; Sen. Wattenberg--Except School Employees From Skills Test

Laid over until Monday, March 9, retaining its place on the calendar.

SB 98-166 by Sen. Mutzebaugh--Transportation Planning

Laid over until Monday, March 9, retaining its place on the calendar.

HB 98-1017 by Rep. Leyba; Senator Powers--Racing Commission Authority

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

HB 98-1015 by Rep. Leyba; Senator Wham--Medication Administration Program

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

(Printed in Senate Journal, February 20, pages 296-297.)

Amendment No. 2, by Senator Wham

Amend Health, Environment, Welfare and Institutions Committee amendment, as printed in Senate Journal, February 20, page 297, strike lines 59 through 62.

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

HB 98-1047 by Rep. McPherson; Senator Powers--CDOT Logo Signs For Urban Areas

Laid over until Monday, March 9 retaining its place on the calendar.

HB 98-1358 by Rep. Grampsas; Senator Lacy--Suppl Approp Capital Construction

(Appropriations Committee Amendment as printed in Senate Journal, February 13, pages 239-240, declared LOST on Second Reading.)

Amendment No. 1, by Senator Lacy

Amend reengrossed bill, page 22, after line 4, insert the following:

"SECTION 2. Section 21 (3) (e) and (4) (c) of chapter 243, Session Laws of Colorado 1995, are amended to read:

Section 21. Appropriation for the 1994-95 fiscal year. (3) (e)  One hundred seven medium, ninety-six close, and sixty-four administrative segregation beds at the Fremont correctional facility as authorized by section 17-1-104.4 (4) (c) (II), Colorado Revised Statutes, of which an estimated ten million ninety-nine thousand one hundred twelve dollars ($10,099,112) shall be for new bed construction and three million seven hundred thirty-five thousand two hundred eighty-eight dollars ($3,735,288) shall be for addressing existing infrastructure deficiencies at the facility. THE APPROPRIATION IN THIS PARAGRAPH (e) SHALL BE AVAILABLE UNTIL THE COMPLETION OF THE PROJECT.

(4) (c) Four million five hundred eighty-four thousand three hundred dollars ($4,584,300), or so much thereof as may be necessary, for ninety-four medium security beds at the Colorado Territorial correctional facility as authorized by section 17-1-104.4 (4) (d), Colorado Revised Statutes, of which an estimated two million five hundred eighty-two thousand nine hundred eighty-five dollars ($2,582,985) shall be for new bed construction and two million one thousand three hundred fifteen dollars ($2,001,315) shall be for addressing existing infrastructure deficiencies at the facility. THE APPROPRIATION IN THIS PARAGRAPH (c) SHALL BE AVAILABLE UNTIL THE COMPLETION OF THE PROJECT.".

Renumber succeeding sections accordingly.

Amendment No. 2, by Senator Lacy

Amend reengrossed bill, page 1, line 7, after "HEADNOTE" insert "AND A NEW FOOTNOTE".

HB 98-1358

(Cont.)

Page 5, line 4, strike "BUILDING" and substitute "BUILDING2a";

line 6, strike "BUILDING" and substitute "BUILDING2a";

line 7, strike "HALL" and substitute "HALL2a";

line 10, strike "HALL" and substitute "HALL2a";

line 12, strike "GYM" and substitute "GYM2a";

line 14, strike "HALL" and substitute "HALL2a".

Page 6, line 2, strike "BUILDING" and substitute "BUILDING2a";

line 5, strike "LANDSCAPING" and substitute "LANDSCAPING2a";

line 7, strike "MITIGATION" and substitute "MITIGATION2a";

line 9, strike "MITIGATION" and substitute "MITIGATION2a".

Page 22, after line 3, insert the following:

FOOTNOTES ­­

"2a CAPITAL CONSTRUCTION, DEPARTMENT OF HIGHER EDUCATION, COLORADO STATE UNIVERSITY, CAPITAL CONSTRUCTION PROJECTS: RENOVATION OF GIBBONS BUILDING; RENOVATION OF OCCUPATIONAL THERAPY BUILDING; RENOVATION OF JOHNSON HALL; RENOVATION OF STUDENT HEALTH CENTER AND GREEN HALL; RENOVATION OF SOUTH COLLEGE GYM; ACADEMIC RECONFIGURATION OF EDDY HALL; ACADEMIC RECONFIGURATION OF EDUCATION BUILDING; IMPROVEMENT OF CAMPUS ROADS, STREETS, CIRCULATION, AND LANDSCAPING; CAMPUS­WIDE WATER MITIGATION; SITE/BUILDING­SPECIFIC WATER MITIGATION ­­ AS PART OF THE TRANSFER AUTHORITY AUTHORIZED IN SECTION 24­75­108 (7), C.R.S., COLORADO STATE UNIVERSITY IS ALLOWED TO TRANSFER FUNDS AMONG THESE LINE ITEMS. SUCH TRANSFERS SHALL BE IN ADDITION TO THE TRANSFERS AUTHORIZED IN SECTION 24­75­108 (8), C.R.S.".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see pages 413-414, where the Schroeder amendment to the Report of the Committee of the Whole was adopted and the Appropriations Committee Amendment was declared passed on Second Reading.)

HB 98-1119 by Rep. Tate; Senator Wattenberg--Banking ATM Conform To Fed

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

HB 98-1038 by Rep. Reeser; Senator Chlouber--Policy Deductible Workers' Comp Funds

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

HB 98-1116 by Rep. Pankey; Senator Ament--Elim Restrict RTD Bus Service Contracts

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, February 25, page 356.)

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

HB 98-1080 by Rep. Reeser; Senator Wattenberg--Workers' Comp Funds

Laid over until Monday, March 9, retaining its place on the calendar.

HB 98-1055 by Rep. T. Williams; Senator Dennis--Workers' Comp Discovery

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 27, page 362.)

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

SB 98-142 by Sen. Wattenberg; Rep. Schauer--Voluntary Air Emission Limit & Recovery

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 27, pages 361-362.)

Amendment No. 2, by Senator Wattenberg

Amend printed bill, page 4, strike lines 15 and 16 and substitute the following:

"25­7­103 SHALL APPLY TO THIS PART 12. IN ADDITION, THE FOLLOWING DEFINITIONS SHALL APPLY TO THIS PART 12:

(1)  "ACTUAL EMISSIONS" MEANS THE AVERAGE AMOUNT OF EMISSIONS, CALCULATED IN TONS PER YEAR, THAT THE STATIONARY SOURCE OR GROUP OF STATIONARY SOURCES EMITTED DURING THE THREE­YEAR PERIOD IMMEDIATELY PRIOR TO THE DATE THE PROPOSED VOLUNTARY AGREEMENT WAS SUBMITTED TO THE DIVISION FOR REVIEW SO LONG AS THE THREE­YEAR TIME PERIOD IS REPRESENTATIVE OF NORMAL UNIT OPERATION. A DIFFERENT TIME PERIOD MAY BE USED TO CALCULATE ACTUAL EMISSIONS IF SUCH TIME PERIOD IS MORE REPRESENTATIVE OF NORMAL UNIT OPERATION THAN THE THREE­YEAR PERIOD IMMEDIATELY PRIOR TO THE DATE THE PROPOSED VOLUNTARY AGREEMENT WAS SUBMITTED TO THE DIVISION.

(2)  "ACTUAL EMISSION RATE" MEANS THE AVERAGE RATE OF EMISSIONS, CALCULATED IN POUNDS PER MILLION BTU OR A COMPARABLE MEASURE OF THE MASS OF EMISSIONS PER UNIT OF PRODUCTION, THAT THE STATIONARY SOURCE OR GROUP OF STATIONARY SOURCES EMITTED DURING THE THREE­YEAR PERIOD IMMEDIATELY PRIOR TO THE DATE THE PROPOSED VOLUNTARY AGREEMENT WAS SUBMITTED TO THE DIVISION FOR REVIEW SO LONG AS THE THREE­YEAR TIME PERIOD IS REPRESENTATIVE OF NORMAL UNIT OPERATION. A DIFFERENT TIME PERIOD MAY BE USED TO CALCULATE THE ACTUAL EMISSION RATE IF SUCH TIME PERIOD IS MORE REPRESENTATIVE OF NORMAL UNIT OPERATION THAN THE THREE­YEAR PERIOD IMMEDIATELY PRIOR TO THE DATE THE PROPOSED VOLUNTARY AGREEMENT WAS SUBMITTED TO THE DIVISION.";

strike lines 21 through 24 and substitute the following:

"PURSUANT TO THIS PART 12. THE PARTIES TO THE PROPOSED VOLUNTARY AGREEMENT SHALL NEGOTIATE IN GOOD FAITH TO REACH A VOLUNTARY AGREEMENT AS EXPEDITIOUSLY AS POSSIBLE. THE OWNER OR OPERATOR SHALL PROVIDE THE DIVISION WITH ANY INFORMATION NECESSARY TO EVALUATE THE TERMS AND CONDITIONS OF THE PROPOSED VOLUNTARY AGREEMENT. THE PARTIES TO THE PROPOSED VOLUNTARY AGREEMENT SHALL STRUCTURE THE".

Page 5, line 4, strike "AND" and substitute "OR";

strike line 23 and substitute the following:

"(3)  AFTER CONDUCTING THE EVALUATION REQUIRED IN SUBSECTION (2) OF THIS SECTION, THE DIVISION MAY REJECT ANY PROPOSED VOLUNTARY AGREEMENT THAT DOES NOT MEET THE REQUIREMENTS OF THIS SECTION. IF THE DIVISION REJECTS THE PROPOSED VOLUNTARY AGREEMENT, THE OWNER OR OPERATOR OF THE STATIONARY SOURCE OR GROUP OF STATIONARY SOURCES MAY PETITION THE COMMISSION FOR REVIEW OF THE PROPOSED VOLUNTARY AGREEMENT AND THE DIVISION'S REJECTION THEREOF IN ACCORDANCE WITH THE RULES PROMULGATED BY THE COMMISSION.

SB 98-142

(Cont.)

(4)  IF THE DIVISION FINDS THAT THE EMISSION LIMITATIONS AND".

Page 6, strike lines 5 through 8 and substitute the following:

"VOLUNTARY AGREEMENT UNLESS IT FINDS BY SUBSTANTIAL EVIDENCE THAT THE PROPOSED VOLUNTARY AGREEMENT IS INCONSISTENT WITH THE REQUIREMENTS OF THIS PART 12. IN NO EVENT SHALL";

strike line 14 and substitute the following:

"(5)  IF THE COMMISSION APPROVES THE PROPOSED VOLUNTARY AGREEMENT, THE EMISSION LIMITATIONS AND OTHER PROVISIONS CONTAINED IN THE VOLUNTARY AGREEMENT SHALL BE ENFORCEABLE UNDER THIS ARTICLE AGAINST THE STATIONARY SOURCE OR GROUP OF STATIONARY SOURCES IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE VOLUNTARY AGREEMENT. SUCH ENFORCEMENT MAY INCLUDE ANY APPROPRIATE MECHANISM, INCLUDING RULE, PERMIT CONDITION, OR CONSENT ORDER.

(6)  NO VOLUNTARY AGREEMENT OR THE UNDERLYING EMISSION";

after line 18, insert the following:

"(7)  EXCEPT AS PROVIDED IN THIS PART 12 OR OTHER APPLICABLE LAW, NO VOLUNTARY AGREEMENT ENTERED INTO UNDER THIS PART 12 SHALL ALTER ANY EXISTING FEDERAL OR STATE REQUIREMENT OTHERWISE APPLICABLE TO THE STATIONARY SOURCE OR GROUP OF STATIONARY SOURCES SUBJECT TO SUCH AGREEMENT.

(8)  THE COMMISSION MAY ADOPT ANY RULES, PROCEDURES, OR COMBINATION THEREOF NECESSARY TO IMPLEMENT THIS PART 12. NOTWITHSTANDING THIS AUTHORITY, THE DIVISION MAY NEGOTIATE AND EVALUATE PROPOSED VOLUNTARY AGREEMENTS, AND THE COMMISSION MAY APPROVE PROPOSED VOLUNTARY AGREEMENTS AND REVIEW THE DIVISION'S REJECTION OF A PROPOSED VOLUNTARY AGREEMENT AS OF JULY 1, 1998.".

Page 8, strike lines 13 and 14 and substitute the following:

"PERMIT REQUIREMENTS, EMISSION CONTROL REQUIREMENTS, OR EMISSION LIMITATIONS:

(a)  ADDITIONAL REQUIREMENTS PROVIDED UNDER";

strike lines 24 through 26.

Page 9, strike lines 1 through 8 and substitute the following:

"25­7­1206.  Coal­fired power plants. (1) (a)  IF THE OWNER OR OPERATOR OF A COAL-FIRED POWER PLANT OR GROUP OF COAL-FIRED POWER PLANTS REDUCES THE UNCONTROLLED SULFUR DIOXIDE EMISSION RATE, MEASURED IN EITHER POUNDS PER MILLION BTU OR TONS PER YEAR, BY AN AVERAGE OF AT LEAST SEVENTY PERCENT AND THE ACTUAL EMISSION RATE OF SULFUR DIOXIDE BY AN AVERAGE OF AT LEAST FIFTY PERCENT FROM ONE OR MORE UNITS LOCATED WITHIN THE SAME AIRSHED, REGARDLESS OF WHETHER THE UNITS ARE LOCATED ON THE SAME PLANT SITE, AND SUCH REDUCTIONS ARE PURSUANT TO A VOLUNTARY AGREEMENT ENTERED INTO UNDER SECTION 25­7­1203, THE ASSURANCE PERIOD FOR SUCH UNITS SHALL BE A PERIOD ENDING FIFTEEN YEARS AFTER THE DATE ESTABLISHED FOR ACHIEVING THE VOLUNTARY EMISSION LIMITATIONS UNDER THE AGREEMENT.

SB 98-142

(Cont.)

(b)  IF THE OWNER OR OPERATOR OF ANY COAL­FIRED POWER PLANT THAT INCLUDES ONE OR MORE UNITS, EACH OF WHICH ALREADY HAS EMISSION CONTROL TECHNOLOGIES IN PLACE TO REDUCE SULFUR DIOXIDE EMISSIONS BY AT LEAST SIXTY­FIVE PERCENT FROM UNCONTROLLED LEVELS, SIGNIFICANTLY REDUCES THE ACTUAL EMISSION RATE OF SULFUR DIOXIDE AND SUCH REDUCTION IS PURSUANT TO A VOLUNTARY AGREEMENT ENTERED INTO UNDER SECTION 25­7­1203, THE ASSURANCE PERIOD FOR SUCH UNITS SHALL BE NO MORE THAN FIFTEEN YEARS FROM THE DATE THE EMISSIONS REDUCTIONS ARE ACHIEVED. SUCH A COAL­FIRED POWER PLANT THAT IS THE SUBJECT OF A CERTIFICATION OF VISIBILITY IMPAIRMENT IN A FEDERALLY DESIGNATED CLASS 1 AREA AS OF JULY 1, 1998, MAY NOT ENTER INTO A VOLUNTARY AGREEMENT ADDRESSING THE POLLUTANTS SUBJECT TO THE CERTIFICATION OF VISIBILITY OF IMPAIRMENT UNDER SECTION 25­7­1203 UNLESS:

(I)  THE OWNER OR OPERATOR OF THE PLANT HAS NEGOTIATED A SETTLEMENT WITH THE DIVISION THAT RESOLVES ALL MATTERS RELATED TO SUCH CERTIFICATION OF VISIBILITY IMPAIRMENT; AND

(II)  THE VOLUNTARY AGREEMENT IS FULLY CONSISTENT WITH THE TERMS AND CONDITIONS OF THE NEGOTIATED SETTLEMENT.

(c)  A COAL­FIRED POWER PLANT OR GROUP OF PLANTS MAY ACHIEVE THE EMISSION REDUCTIONS REQUIRED BY THIS SECTION THROUGH A VOLUNTARY AGREEMENT THAT ALLOWS THE PLANT OR GROUP OF PLANTS TO CONTROL EMISSIONS BY METHODS OTHER THAN THE INSTALLATION AND OPERATION OF POLLUTION CONTROL EQUIPMENT. SUCH METHODS MAY INCLUDE BUT ARE NOT LIMITED TO BURNING LOW­SULFUR COAL, REDUCING THE OPERATION OF UNITS, RETIRING UNITS, AND CHANGING FUELS. IF SUCH METHODS ARE INCLUDED IN A VOLUNTARY AGREEMENT, THE AGREEMENT SHALL INCLUDE THE PROCEDURE BY WHICH THE DIVISION SHALL CALCULATE THE EMISSION REDUCTIONS TO BE OBTAINED BY SUCH METHODS.".

Page 10, line 16, after "OTHER", insert "FEDERALLY REQUIRED".

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

HB 98-1331 by Rep. George; Senator Wham--Allowance Of State Overexpenditures

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

HB 98-1026 by Rep. June; Senator Powers--Theft Of Public Transportation Services

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, February 20, page 318.)

Amendment No. 2, by Senator Powers

Amend the Transportation Committee amendment as printed in Senate Journal, page 318, strike line 21 and substitute the following:

"(2) NO PERSON SHALL OCCUPY, RIDE IN, OR USE, A PUBLIC";

Line 23, strike "PAYMENT COMMITS A CLASS 2 PETTY OFFENSE." and substitute "PAYMENT.".

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

HB 98-1120 by Rep. C. Berry; Sen. Wells--Reestablish Olympic Tax Checkoff

Laid over until Monday, March 9, retaining its place on the calendar.

HB 98-1024 by Rep. Dean; Senator Tebedo--Police & Fire Survivor Benefits

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

HB 98-1035 by Rep. Grampsas; Senator Rizzuto--Volunteer Firefighter Retirement Benefit

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

HB 98-1056 by Rep. Grampsas; Senator Rizzuto--Vol Firefighter Service For Early Retire

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

HB 98-1064 by Rep. Tool; Sen. Rizzuto--County Clerk & Recorder Agent Fee

Laid over until Monday, March 9, retaining its place on the calendar.

HB 98-1132 by Rep. Epps; Senator Wham--County Judges

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

HB 98-1019 by Rep. Morrison; Senator Reeves--Min Hospital Stay After Childbirth

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

HB 98-1082 by Rep. Lawrence; Senator Coffman--EBT Replacement Fee

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

HB 98-1229 by Rep. Chavez; Senator Wham--Extend HCBS For Mentally Ill

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

SB 98-173 by Sen. Rizzuto; Rep. Owen--Reimbursement Of Costs For Nursing Homes

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

HB 98-1225 by Rep. Epps; Senator Wham--Peer Assistance Fee For Physicians & Pas

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

HB 98-1279 by Rep. Tupa; Senator Reeves--Alumni License Plates

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

HB 98-1162 by Rep. Bacon; Sen. Matsunaka--Postsecondary Enrollment Options Tuition

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, February 27, page 371.)

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

HB 98-1171 by Rep. Arrington; Senator Coffman--Charter School Regulation Waivers

Laid over until Monday, March 9, retaining its place on the calendar.

SB 98-148 by Sen. Powers; Rep. Entz--Dept Of Transportation Public Projects

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, February 9, page 191.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, February 27, pages 371-372.)

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

HB 98-1039 by Rep. Udall; Senator Bishop--Increase Big Game Poaching Penalties

Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment

(Printed in Senate Journal, February 27, page 372.)

Amendment No. 2, by Senator Bishop

Amend the committee amendment, as printed in Senate Journal, February 27, page 372, strike lines 15 through 18, and substitute the following:

"Amend reengrossed bill, page 1, line 6, strike "SURCHARGE" and substitute "FURTHER PENALTY".

Page 2, line 14, strike "SURCHARGE" and substitute "PENALTY";

line 19, strike "SURCHARGES" and substitute "ADDITIONAL PENALTIES";

line 23, strike "SURCHARGES" and substitute "ADDITIONAL PENALTIES".

Page 3, strike lines 3 through 12, and substitute the following:

"SECTION 3.  Effective date ­ applicability. This act shall take effect upon passage, and shall apply to acts committed on or after said date.

SECTION 4.  Safely clause. The general assembly hereby finds,".

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

The following bills on the General Orders calendar of Friday, March 6, were laid over until Monday, March 9, retaining their place on the calendar:

HB 98-1101, 98-1356; SB 98-109; HB 98-1158, 98-1240; SB 98-62; HB 98-1124, 98-1188, 98-1028, 98-1168, 98-1207, 98-1283, 98-1079, 98-1110, 98-1096, 98-1105, 98-1154, 98-1365.

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 98-1358 by Rep. Grampsas; Senator Lacy--Suppl Approp Capital Construction

Senator Schroeder moved to amend the Report of the Committee of the Whole to show that HB 98-1358 as amended, was amended as follows:

Amend reengrossed bill, page 2, strike lines 2 and 3 and substitute the following:

"COLORADO REVISED STATUTES, THE SUM OF TEN MILLION SIX HUNDRED SIXTY-THREE THOUSAND TWO HUNDRED THIRTY-THREE DOLLARS ($10,663,233)";

line 4, strike "($6,163,233)";

strike lines 13 and 14 and substitute the following:

"Colorado Revised Statutes, TEN MILLION SIX HUNDRED SIXTY-THREE THOUSAND TWO HUNDRED THIRTY-THREE DOLLARS ($10,663,233) and".

Page 20, after line 13 insert the following:

CAPITAL ITEM & CONSTRUCTION

SUBTOTAL FUND

EXEMPT

$ $

"DEPARTMENT OF REVENUE

HB 98-1358

(Cont.)

NEW BUILDING,

LAND ACQUISITION,

ARCHITECTURAL AND

ENGINEERING AND PHASE

1 CONSTRUCTION

COSTS 4,500,000 4,500,000".

Page 21, line 2, in the TOTAL column, strike "1,787,759" and substitute " 6,287,759";

line 8, in the CAPITAL CONSTRUCTION FUND EXEMPT column, strike "$559,675" and substitute "$559,675";

line 9, in the TOTAL column, strike "$1,787,759" and substitute "$6,287,759", and, in the CAPITAL CONSTRUCTION FUND EXEMPT column, insert "$5,059,675".

Page 22, line 1, in the TOTAL column, strike "$284,679,988" and substitute "$289,179,988" and, in the CAPITAL CONSTRUCTION FUND EXEMPT column, strike "$169,169,782" and substitute "$173,669,782".

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

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

SB 98-173; HB 98-1017, 98-1119, 98-1038, 98-1331, 98-1024, 98-1035, 98-1056, 98-1132, 98-1019, 98-1082, 98-1229, 98-1225, 98-1279, declared passed on Second Reading.

SB 98-161 as amended, 98-142 as amended, 98-148 as amended; HB 98-1015 as amended, 98-1358 as amended, 98-1116 as amended, 98-1055 as amended, 98-1026 as amended, 98-1162 as amended, 98-1039 as amended, declared passed on Second Reading.

SB 98-166; HB 98-1016, 98-1208, 98-1047, 98-1080, 98-1120, 98-1064, 98-1171, 98-1101, 98-1356; SB 98-109; HB 98-1158, 98-1240; SB 98-62; HB 98-1124, 98-1188, 98-1028, 98-1168, 98-1207, 98-1283, 98-1079, 98-1110, 98-1096, 98-1105, 98-1154, 98-1365, laid over until Monday, March 9, retaining their place on the calendar.

COMMITTEE OF REFERENCE REPORTS

Health, The Committee on Health, Environment, Welfare and Institutions has had under

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

Welfare and the appointments be confirmed:

Institutions

COLORADO CHILDREN'S

TRUST FUND BOARD

for terms expiring November 7, 1998:

David M. Furman of Littleton, Colorado, to serve as a member knowledgeable in the area of law and to fill a vacancy occasioned by the resignation of Ted. Rubin, appointed;

Mary Edna Helfer of Denver, Colorado, to serve as a member knowledgeable in child abuse prevention and to fill a vacancy occasioned by the resignation of Cecilia E. Mascarenas, appointed;

for a term expiring November 7, 2000:

Laverne Morris of Aurora, Colorado, to serve as a representative of the business community, reappointed.

Health, The Committee on Health, Environment, Welfare and Institutions has had under

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

Welfare and the appointments be confirmed:

Institutions

STATEWIDE POISON CONTROL

OVERSIGHT BOARD

for terms expiring July 1, 1998:

John H. Grubbs of Denver, Colorado, to serve as a designee of the University of Colorado Health Sciences Center, representing the First Congressional District, as a Republican, and to fill a vacancy occasioned by the resignation of Pamela J. Smith, appointed;

Billie J. Klaus of Lafayette, Colorado, to serve as a public member representing the Second Congressional District, as a Democrat, and to fill a vacancy occasioned by the resignation of Brenda B. Bonilla, appointed.

Health, After consideration on the merits, the committee recommends that HB 98-1243 be

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

Welfare and favorable recommendation:

Institutions

Amend reengrossed bill, page 2, line 22, strike "ARTICLE," and substitute "ARTICLE AND ENTITIES THAT PROVIDE DENTAL BENEFITS EXCLUSIVELY,";

strike lines 24 and 25 and substitute the following:

"LIMITED BENEFIT, SHALL PROVIDE COVERAGES FOR GENERAL ANESTHESIA".

Page 3, after line 23, insert the following:

"(II) REQUIRE THAT THE BENEFITS MANDATED PURSUANT TO THIS SUBSECTION (12) SHALL BE COVERED BENEFITS ONLY IF THE SERVICES ARE RENDERED BY A PROVIDER WHO IS DESIGNATED BY AND AFFILIATED WITH THE CARRIER; AND";

line 24, strike "(II)" and substitute "(III)".

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

Environment, referred favorably to the Committee of the Whole: HB 98-1328

Welfare and

Institutions

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

Environment, referred favorably to the Committee of the Whole: HB 98-1360

Welfare and

Institutions

Health, After consideration on the merits, the committee recommends that HB 98-1325 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 5, strike "on or after July 1, 1998, MARCH 1, 1998,", and substitute "on or after July 1, 1998, UPON SIGNATURE".

Page 12, line 18, strike "intermediate care" and substitute "intermediate care";

strike lines 19 and 20 and substitute "facility services, mental health services dental services, or chemical dependency services.".

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HCR 98-1002

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB 98-1152

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB 98-1228

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SCR 98-3

Finance After consideration on the merits, the committee recommends that HB 98-1005 be

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

Amend reengrossed bill, page 2, line 23, after "DOLLARS", insert "IN ACTUAL VALUE".

Page 3, line 17, after "DOLLARS", insert "IN ACTUAL VALUE".

Finance After consideration on the merits, the committee recommends that SB 98-169 be

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

Amend printed bill, page 10, line 5, strike "98-____." and substitute "98-3.";

line 7, strike "98-____." and substitute "98-3.".

Finance After consideration on the merits, the committee recommends that HB 98-1256 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 13 and 14 and substitute the following:

"SECTION 4.  The introductory portion to 43­4­206 (1), Colorado Revised Statutes, is amended, and the said 43­4­206 is";

strike line 26.

Page 7, strike lines 1 through 13 and substitute the following:

"(3)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, THE REVENUES CREDITED TO THE STATE HIGHWAY FUND PURSUANT TO SECTION 43­4­205 (6.7) (a) SHALL BE EXPENDED BY THE DEPARTMENT OF TRANSPORTATION FOR STATE TRANSPORTATION PROJECTS, AS PRIORITIZED BY THE DEPARTMENT.".

Education After consideration on the merits, the committee recommends that HB 98-1021 be

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

Amend reengrossed bill, page 3, strike lines 20 through 25 and substitute the following:

"SECTION 2. 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 4, strike lines 1 through 3.

MESSAGES FROM THE HOUSE

March 6, 1998

Mr. President:

The House has adopted and transmits herewith HJR98-1012, as printed in House Journal, February 13, 1998, pages 498-500.

March 6, 1998

Mr. President:

The House has postponed indefinitely SB98-116. The bill is returned herewith.

______________________________

On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Friday, March 6, was laid over until Monday, March 9, retaining its place on the calendar.

______________________________

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

March 9, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate