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

69th Legislative Day Monday, March 16, 1998


Call to By the President at 10:00 a.m.

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn.

Roll Call Present--Total, 31.

Absent/Excused--Bishop, Tebedo, Wattenberg, Wells--Total, 4.

Present later--Wells.

Quorum The President announced a quorum present.

Reading of On motion of Senator Arnold, reading of the Journal of March 13th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly revised: 1047, 1064, 1080, 1086, 1094, 1096, 1105, 1110, 1124,

Services 1131, 1150, 1207, 1208, 1359, 1365.

Correctly enrolled: SM 98-1.

To the governor for signature on Friday, March 13, 1998, at 2:30 p.m:

SB 98-38, 90, 132.

SIGNING OF BILLS

The President has signed: HB98-1067, 1073, 1074, 1076, 1078, 1097, 1109, 1126, 1132, 1210, 1229, and 1273.

The President has signed: HB98-1017, 1019, 1024, 1035, 1038, 1056, 1082, 1119, 1120, 1139, 1225, 1240, 1279, and 1331.

SIGNING OF RESOLUTION

The President has signed: HJR98-1010 and 1013.

SIGNING OF MEMORIAL

The President has signed: SM 98-1.


COMMITTEE OF REFERENCE REPORTS

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

portation referred favorably to the Committee of the Whole: HB 98-1304

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

portation postponed indefinitely: SB 98-84



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

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


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

E

Johnson

Y

Phillips

Y

Wattenberg

E

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.

Co-sponsor added: Chlouber

HB 98-1124 by Rep. McElhany; Sen. Wells--Trade Secrets Theft Stat Of Limitation

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


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

E

Johnson

Y

Phillips

Y

Wattenberg

E

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 98-1105 by Rep. Anderson; Senator Powers--FCPA Reporting In Local Gvmt Elections

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


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

E

Johnson

Y

Phillips

Y

Wattenberg

E

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.

Co-sponsor added: Johnson

HB 98-1110 by Rep. Tupa; Sen. Bishop--Minor Political Party Ballot Access

Laid over until Friday, March 20, retaining its place on the calendar.

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

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


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

E

Johnson

Y

Phillips

Y

Wattenberg

E

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


HB 98-1208 A majority of all members elected to the Senate having voted in the affirmative, the bill

(Cont.) was declared PASSED.

Co-sponsor added: Arnold

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

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


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

E

Johnson

Y

Phillips

Y

Wattenberg

E

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

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


YES 28


NO 4


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

E

Johnson

Y

Phillips

Y

Wattenberg

E

Blickensderfer

N

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

N

Martinez

N

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 98-1086 by Rep. May; Sen. Alexander--Redemption Period For Residential Land

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


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

E

Johnson

Y

Phillips

Y

Wattenberg

E

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 98-1359 by Rep. Dean; Senator Lacy--Election Law Modifications

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


YES 30


NO 2


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

E

Johnson

Y

Phillips

Y

Wattenberg

E

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

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 98-1150 by Rep. Epps; Senator Powers--School Dist Tax Auth School Libraries

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


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

E

Johnson

Y

Phillips

Y

Wattenberg

E

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 98-1207 by Rep. Lawrence; Senator Mutzebaugh--Transportation Of Prisoners

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


YES 30


NO 2


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

N

Bishop

E

Johnson

Y

Phillips

Y

Wattenberg

E

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

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 was declared PASSED.

Co-sponsor added: Arnold

HB 98-1096 by Rep. Smith; Senator J. Johnson--Regulation Of Scrap Metal As Solid Waste

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


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

E

Johnson

Y

Phillips

Y

Wattenberg

E

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.

Co-sponsors added: Arnold, Powers.

HB 98-1094 by Rep. Paschall; Senator Norton--Continue Air Science Advisory Board

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


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

E

Johnson

Y

Phillips

Y

Wattenberg

E

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.

Co-sponsors added: Rupert, Wham.

HB 98-1131 by Rep. K. Alexander; Senator Bishop--Warranties For Facilitative Technology

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


YES 28


NO 3


EXCUSED 4


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

N

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

N

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

E

Johnson

Y

Phillips

Y

Wattenberg

E

Blickensderfer

*

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

N

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

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.

Co-sponsors added: Alexander, Hernandez, Hopper, Johnson, Linkhart, Martinez, Pascoe, Phillips, Reeves, Rupert, Tanner, Thiebaut, Wham.

Abstaining (*) from voting under Senate Rule 17(c)--Senator Blickensderfer

HB 98-1365 by Rep. Musgrave; Senator B. Alexander--U.I. Denials For Drug And Alcohol Addict

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


YES 22


NO 10


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

N

Ament

Y

Hernandez

N

Pascoe

N

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

N

Bishop

E

Johnson

N

Phillips

N

Wattenberg

E

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

N

Wells

Y

Coffman

Y

Linkhart

N

Rizzuto

Y

Wham

Y

Congrove

Y

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 was declared PASSED.

Co-sponsors added: Ament, Arnold, Congrove, Norton, Powers, 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 SJR 98-12 and SJR 98-7.

______________________________

CONSIDERATION OF RESOLUTIONS

SJR 98-12 by Sen. Blickensderfer; Rep. McPherson--Liberty Day and Liberty Month

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


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

EY

Johnson

Y

Phillips

Y

Wattenberg

E

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, Chlouber, Coffman, Congrove, Dennis, Feeley, Hernandez, Hopper, Johnson, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Mutzebaugh, Norton, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder, Tanner, Thiebaut, Weddig, Wells, Wham.


SJR 98-7 by Sen. Norton; Rep. Adkins--State Implement SB94-139 without EPA Interference

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


YES 26


NO 6


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

N

Ament

Y

Hernandez

N

Pascoe

N

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

N

Bishop

EY

Johnson

Y

Phillips

Y

Wattenberg

E

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

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: Alexander, Ament, Blickensderfer, Coffman, Dennis, Hopper, Lamborn, Mutzebaugh, Schroeder, Wells.

MESSAGE FROM THE HOUSE

March 16, 1998

Mr. President:

The House has adopted and transmits herewith HJR98-1016, as printed in House Journal,March 9, pages 852-854.

INTRODUCTION AND CONSIDERATION OF RESOLUTION

HJR 98-1016 by Representatives Lawrence, C. Berry, Agler, K. Alexander, Allen, Anderson, Arrington, Dean, Entz, Epps, Faatz, George, Gotlieb, Grampsas, Hefley, S. Johnson, Kaufman, Kreutz, May, McElhany, McPherson, Morrison, Musgrave, Owen, Pankey, Paschall, Pfiffner, Romero, Schauer, Sinclair, Smith, Spradley, Sullivant, Swenson, Tool, Tucker, and Young; also Senator Powers--Recognizing El Pomar Foundation.

(Printed in House Journal, March 9, pages 852-854.)

Senator Wells moved to suspend Senate Rule 30(e).

A two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(e) was suspended and Immediate Consideration granted.

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


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

E

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

EY

Johnson

Y

Phillips

Y

Wattenberg

E

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, Johnson, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Mutzebaugh, Norton, Pascoe, Perlmutter, Phillips, Reeves, Rizzuto, Rupert, Schroeder, Tanner, Thiebaut, Weddig, Wells, Wham.

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

of the for consideration of General Orders and Senator Lamborn 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:

HB 98-1259 by Rep. Tate; Senator Chlouber--Alternative Workers' Comp Penalties

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

HB 98-1283 by Rep. Udall; Senator Dennis--Municipal Liens

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

HB 98-1059 by Rep. Gordon; Sen. Dennis--Traffic Violations In School Zones

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 9, page 429.)

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

HB 98-1158 by Rep. Musgrave; Sen. Arnold--Parental Consent To Use Of Student Data

Laid over until Tuesday, March 17, retaining its place on the calendar.

HB 98-1154 by Rep. T. Williams; Senator Schroeder--Unemployment Benefit Requirements

Laid over until Tuesday, March 17, retaining its place on the calendar.

HB 98-1014 by Rep. Reeser; Senator Wattenberg--Continuation Of Plumbing Board

Laid over until Tuesday, March 17, retaining its place on the calendar.

HB 98-1127 by Rep. Tucker; Senator Schroeder--Underage Drinking And Driving

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

HB 98-1253 by Rep. Adkins; Senator Schroeder--Payment Of Claims Against County

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

HB 98-1183 by Rep. Gordon; Sen. Mutzebaugh--Child Custody

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 6, page 405.)

Amendment No. 2, by Senator Mutzebaugh

Amend reengrossed bill, page 10, line 9, strike "NOTWITHSTANDING ANY OTHER";

strike line 10 and substitute the following:

"ACCESS TO INFORMATION";

line 13, strike "RESPONSIBILITIES." and substitute "RESPONSIBILITIES, UNLESS OTHERWISE ORDERED BY THE COURT FOR GOOD CAUSE SHOWN.".

Amendment No. 3, by Senator Mutzebaugh

Amend reengrossed bill, page 5, line 23, strike "been granted" and substitute "been granted";

strike lines 24 and 25 and substitute the following:

"custody of a child OR WHO HAS BEEN ALLOCATED PARENTAL RESPONSIBILITIES through a juvenile court order entered".


HB 98-1183


(Cont.)

Page 6, line 9, strike "custodian" and substitute "custodian OR".

Page 25, line 5, strike "custody" and substitute "THE EXISTING ORDER CONCERNING custody OR".

Page 26, line 5, after "of", insert "custody or".

Page 33, line 4, strike "legal custody," and substitute "legal custody,".

Page 34, line 14, strike "RESPONSIBILITIES," and substitute "RESPONSIBILITIES OR CUSTODY,".

Page 36, line 22, strike "legal custody" and substitute "legal custody OR".

Page 37, line 1, strike "legal custody" and substitute "legal custody OR";

line 14, strike "legal custody" and substitute "legal custody OR".

Page 38, line 13, strike "RESPONSIBILITIES)" and substitute "RESPONSIBILITIES CONCERNING)".

Page 48, line 2, strike "their" and substitute "their THE";

line 3, strike "noncustodial parents" and substitute "noncustodial parents WITH WHOM SUCH CHILDREN RESIDE LESS THAN THE MAJORITY OF THE TIME".

Page 50, line 24, strike "legal custody of" and substitute "legal custody of OR".

Page 52, line 1, strike "custody," and substitute "custody,";

line 5, after "order", insert "or order".

Page 58, line 4, strike "legal custody of" and substitute "legal custody of OR";

line 5, strike "given" and substitute "given OR";

line 14, strike "who has legal custody of the child." and substitute "who has legal custody of the child OR TO THE PARTY";

line 16, strike "legal custody" and substitute "legal custody OR".

Page 61, line 7, strike "parent OR" and substitute "parent,";

line 8, strike "RESPONSIBILITIES or" and substitute "RESPONSIBILITIES, or THE";

line 21, strike "or legal custodian of" and substitute "or legal custodian of,".

Page 64, line 3, strike "IN";

line 4, strike "WHOSE CARE" and substitute "WITH WHOM";

line 7, strike "custody";

line 19, strike "custody" and substitute "custody OR";

line 20, strike "awarded" and substitute "awarded OR";

line 22, strike "custody" and substitute "custody OR".

Page 65, line 10, strike "in the legal custody of" and substitute "in the legal custody of OR";

line 12, strike "custody" and substitute "custody OR";

line 24, strike "custody," and substitute "custody OR".

Page 66, line 1, strike "custody," and substitute "custody OR";


HB 98-1183


(Cont.)

line 13, after "custody of", insert "OR PARENTAL RESPONSIBILITIES FOR";

line 14, after "custody", insert "OR PARENTAL RESPONSIBILITIES".

As amended, laid over until Tuesday, March 17, retaining its place on the calendar.

HB 98-1130 by Rep. Faatz; Senator Hopper--Crime Victims' Compensation

Amendment No. 1, by Senator Perlmutter

Amend reengrossed bill, page 4, after line 15, insert the following:

"SECTION 6.  16­11­102 (4), Colorado Revised Statutes, is amended to read:

16­11­102.  Presentence or probation investigation. (4)  The court, with the concurrence of the defendant and the prosecuting attorney, may dispense with the presentence examination and report; except that a report containing the information required by the court pursuant to section 16­11­204.5 and a victim impact statement shall be made in every case. The amount of restitution equal to the full pecuniary loss caused by the defendant shall MAY be imposed by the court at the time of sentencing and shall be endorsed upon the mittimus.".

Renumber succeeding section accordingly.

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

HB 98-1243 by Rep. Lawrence; Sen. Hopper--Anesthesia For Dental Procedures

Laid over until Tuesday, March 17, retaining its place on the calendar.

HB 98-1328 by Rep. Gordon; Sen. Reeves--Access To Tobacco For Sale

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

HB 98-1293 by Rep. Clarke; Sen. Congrove--Veteran Public Job Preferences

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

(Printed in Senate Journal, March 9, pages 427-428.)

Amendment No. 2, by Senator Congrove

Amend the committee amendment, as printed in Senate Journal, March 9, page 427, strike lines 61 and 62 and substitute the following:

"Amend reengrossed bill, page 2, strike lines 25 and 26 and substitute the following:

"THIS SECTION. IF THE DIRECTOR OR PANEL FINDS THAT THE APPLICANT HAS NOT BEEN AWARDED THE PREFERENCE POINTS SPECIFIED IN ARTICLE XII, SECTION 15 OF THE COLORADO CONSTITUTION AND THE APPLICANT, IF AWARDED THE PREFERENCE POINTS SPECIFIED IN ARTICLE XII, SECTION 15 OF THE COLORADO CONSTITUTION, WOULD HAVE OTHERWISE OBTAINED THE POSITION, THE DIRECTOR OR PANEL SHALL EITHER:

(I)  ORDER THAT THE APPLICANT BE AUTOMATICALLY QUALIFIED TO INTERVIEW FOR THE NEXT AVAILABLE POSITION IN THE AGENCY; OR

(II)  OVERTURN THE SELECTION AND EXAMINATION PROCESS ACTION.".

Page 3, strike lines 1 through 6;

strike lines 23 through 26 and substitute the following:".

HB 98-1293 Amendment No. 3, by Senator Congrove

(Cont.)

Amend the committee amendment, as printed in Senate Journal, March 9, page 427, strike lines 61 through 64 and substitute the following:

"Amend reengrossed bill, page 3, line 10, strike "Local Government" and substitute "Political Subdivision";

line 12, strike ""LOCAL GOVERNMENT" and substitute ""COLORADO POLITICAL SUBDIVISION";

strike lines 23 through 26 and substitute the following:

"(1)  "POLITICAL SUBDIVISION OF THE STATE" SHALL HAVE THE SAME MEANING AS";

line 68 of the amendment, strike "18." and substitute "18;";

after line 68 of the amendment, insert the following:

"line 23, strike "LOCAL GOVERNMENT";

line 24, after "SYSTEM", insert "OF A POLITICAL SUBDIVISION OF THE STATE".

Page 5, line 7, strike "LOCAL GOVERNMENT" and substitute "POLITICAL SUBDIVISION OF THE STATE";

line 9, strike "LOCAL GOVERNMENT" and substitute "POLITICAL SUBDIVISION OF THE STATE";

line 11, strike "LOCAL GOVERNMENT" and substitute "POLITICAL SUBDIVISION OF THE STATE";

line 12, strike "LOCAL GOVERNMENT" and substitute "POLITICAL SUBDIVISION OF THE STATE";

line 19, strike "LOCAL GOVERNMENT" and substitute "POLITICAL SUBDIVISION OF THE STATE".".

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

The following bills on the General Orders calendar of Monday, March 16, were laid over until Tuesday, March 17, retaining their place on the calendar:

HB 98-1008, 98-1093, 98-1081, 98-1079, 98-1235, 98-1360, 98-1204, 98-1309, 98-1028, 98-1036, 98-1171, 98-1016, 98-1018, 98-1025, 98-1021, 98-1274, 98-1179, 98-1103, 98-1363, 98-1332, 98-1170, 98-1033; SB 98-166; HB 98-1188, 98-1297, 98-1323, 98-1215, 98-1200.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Lamborn, 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:

HB 98-1259, 98-1283, 98-1127, 98-1253, 98-1328, declared passed on Second Reading.

HB 98-1059 as amended, 98-1130 as amended, 98-1293 as amended, declared passed on Second Reading.

HB 98-1158, 98-1154, 98-1014, 98-1243, 98-1008, 98-1093, 98-1081, 98-1079, 98-1235, 98-1360, 98-1204, 98-1309, 98-1028, 98-1036, 98-1171, 98-1016, 98-1018, 98-1025, 98-1021, 98-1274, 98-1179, 98-1103, 98-1363, 98-1332, 98-1170, 98-1033; SB 98-166; HB 98-1188, 98-1297, 98-1323, 98-1215, 98-1200, laid over until Tuesday, March 17, retaining their place on the calendar.

HB 98-1183 as amended, laid over until Tuesday, March 17, retaining its place on the calendar.


COMMITTEE OF REFERENCE REPORTS

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

Veterans, postponed indefinitely: SB 98-176

and Military

Affairs

State, The Committee on State, Veterans, and Military Affairs has had under consideration and Veterans, has had a hearing on the following appointment and recommends that the appointment be and Military confirmed:

Affairs

STATE PERSONNEL BOARD

for a term expiring June 30, 2002:

Melanie L. Daly of Evergreen, Colorado.

State, The Committee on State, Veterans, and Military Affairs has had under consideration and Veterans, has had a hearing on the following appointment and recommends that the appointment be and Military confirmed:

Affairs

COLORADO LOTTERY COMMISSION

for a term expiring July 1, 2001:

That James L. Merrill of Colorado Springs, Colorado, to serve as an attorney admitted to the practice of law in Colorado and as an Unaffiliated member.

MESSAGE FROM THE HOUSE

March 16, 1998

Mr. President:

The House has voted not to concur in the Senate amendments to HB98-1149 and requests that a conference committee be appointed. The Speaker has appointed Representatives Morrison, Chairman, McPherson, and Leyba as House conferees on the First Conference Committee on HB98-1149. The bill is transmitted herewith.

INTRODUCTION OF BILL--FIRST READING

The following bill was read by title and referred to the committee indicated:

SB 98-187 by Senators Rizzuto, Lacy, Mutzebaugh, Wattenberg, Alexander, Feeley, Hernandez, Martinez, Matsunaka, Perlmutter, Powers, Thiebaut, and Weddig; also Representatives Taylor, Miller, Sullivant, and Young--Concerning the authority of the department of transportation to immediately acquire the Towner railroad line as part of the state rail bank, and making an appropriation therefor.

Capital Development

Transportation

Appropriations

APPOINTMENTS TO CONFERENCE COMMITTEE

HB 98-1149 by Rep. Morrison; Senator Wham--Health Care Task Force

The President appointed Senators Wham, Chairman, Wells and Reeves as Senate Conferees on the First Conference Committee on HB No. 98-1149.

______________________________

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 Monday, March 16, was laid over until Tuesday, March 17, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring Jerome F. Wartgow by Senator Bishop and Representatives Smith and G. Berry





On motion of Senator Powers, the Senate adjourned until 9:00 a.m., Tuesday,

March 17, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate