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SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

79th Legislative Day Thursday, March 26, 1998


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

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn.

Roll Call Present--Total, 31.

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

Absent--Lacy, Perlmutter--Total, 2.

Present later--Lacy, Norton, Perlmutter.

Quorum The President announced a quorum present.

Reading of On motion of Senator Chlouber, reading of the Journal of March 25th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly printed: SCR 98-5.

Services

Correctly revised: HB 98-1020, 1029, 1033, 1050, 1089, 1090, 1102, 1157, 1176, 1178, 1200, 1215, 1245, 1250, 1304, 1317, 1361, 1370, 1371

Correctly enrolled: SJR 98-7.

To the governor for signature on Tuesday, March 24, 1998, at 3:50 p.m: SB 98-5, 16, 32, 78.

SENATE SERVICES REPORT

Senate Correctly revised: 1007, 1012, 1062, 1117, 1123, 1186, 1221, 1224,

Services 1236,1244, 1296, 1337, 1376,


SIGNING OF RESOLUTION

The President has signed: SJR 98-7.

COMMITTEE REPORT

Capital After consideration, the committee recommends that the following be referred favorably

Development to the Committee on Transportation SB 98-187

COMMITTEE OF REFERENCE REPORTS

Approp- After consideration on the merits, the committee recommends that SB 98-100 be

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

Amend printed bill, page 2, after line 11, insert the following:

" SECTION 2. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of education, public school finance, total program, for the fiscal year beginning July 1, 1998, the sum of two hundred seventy-seven thousand five hundred fifty dollars ($277,550), or so much thereof as may be necessary, for the implementation of this act.".


SB 98-100


(Cont.)

Renumber succeeding sections accordingly.

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

Approp- After consideration on the merits, the committee recommends that SCR 98-4 be

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

Strike the Education Committee amendment, as printed in Senate Journal, March 13, page 462, lines 52 through 71, and page 463.

Amend printed concurrent resolution, strike everything below the resolving clause, and substitute the following:

"SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:

Section 3 (1) (b) of article X of the constitution of the state of Colorado is amended, and the said section 3 (1) is further amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read:

Section 3.  Uniform taxation ­ exemptions. (1) (b)  FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999:

(I)  Residential real property, which shall include all residential dwelling units and the land, as defined by law, on which such units are located and mobile home parks but WHICH shall not include hotels and motels, shall be valued for assessment at twenty­one NINE AND SIX­TENTHS percent of its actual value. For the property tax year commencing January 1, 1985, the general assembly shall determine the percentage of the aggregate statewide valuation for assessment which is attributable to residential real property. For each subsequent year, the general assembly shall again determine the percentage of the aggregate statewide valuation for assessment which is attributable to each class of taxable property, after adding in the increased valuation for assessment attributable to new construction and to increased volume of mineral and oil and gas production. For each year in which there is a change in the level of value used in determining actual value, the general assembly shall adjust the ratio of valuation for assessment for residential real property which is set forth in this paragraph (b) as is necessary to insure that the percentage of the aggregate statewide valuation for assessment which is attributable to residential real property shall remain the same as it was in the year immediately preceding the year in which such change occurs. Such adjusted ratio shall be the ratio of valuation for assessment for residential real property for those years for which such new level of value is used.

(II)  VACANT LAND, AS DEFINED BY LAW, SHALL BE VALUED FOR ASSESSMENT AT TWENTY­FIVE PERCENT OF ITS ACTUAL VALUE.

(III)  All other taxable property shall be valued for assessment at twenty­nine TWENTY­EIGHT percent of its actual value. However, the valuation for assessment for producing mines, as defined by law, and lands or leaseholds producing oil or gas, as defined by law, shall be a portion of the actual annual or actual average annual production therefrom, based upon the value of the unprocessed material, according to procedures prescribed by law for different types of minerals. FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, THE GENERAL ASSEMBLY SHALL REDUCE, BY LAW, SAID PORTION OF THE ACTUAL ANNUAL OR ACTUAL AVERAGE ANNUAL PRODUCTION SO THAT THE VALUATION FOR ASSESSMENT FOR PRODUCING MINES AND LANDS OR LEASEHOLDS PRODUCING OIL AND GAS IS REDUCED IN PROPORTION TO THE REDUCTION IN THE VALUATION FOR ASSESSMENT FOR ALL OTHER TAXABLE PROPERTY AS A RESULT OF DECREASING THE ASSESSMENT RATIO TO TWENTY­EIGHT PERCENT. Non­producing unpatented mining claims, which are possessory interests in real property by virtue of leases from the United States of America, shall be exempt from property taxation.


SCR 98-4


(Cont.)

(e) (I)  FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH (e), THE FIRST SEVENTY­FIVE THOUSAND DOLLARS OF THE ACTUAL VALUE OR AN AMOUNT EQUAL TO THIRTY PERCENT OF THE ACTUAL VALUE, WHICHEVER IS LESS, OF RESIDENTIAL REAL PROPERTY THAT, AS OF THE ASSESSMENT DATE, IS OWNED BY A PERSON WHO IS LESS THAN SIXTY­FIVE YEARS OF AGE, IS OWNER­OCCUPIED, AND IS USED AS THE PRIMARY RESIDENCE OF THE OWNER SHALL BE EXEMPT FROM PROPERTY TAXATION BY SCHOOL DISTRICTS FOR SCHOOL FINANCE FUNDING.

(II)  FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH (e), THE FIRST SEVENTY­FIVE THOUSAND DOLLARS OF THE ACTUAL VALUE OR AN AMOUNT EQUAL TO SIXTY PERCENT OF THE ACTUAL VALUE, WHICHEVER IS LESS, OF RESIDENTIAL REAL PROPERTY THAT, AS OF THE ASSESSMENT DATE, IS OWNED BY A PERSON WHO IS SIXTY­FIVE YEARS OF AGE OR OLDER, IS OWNER­OCCUPIED, AND IS USED AS THE PRIMARY RESIDENCE OF THE OWNER SHALL BE EXEMPT FROM PROPERTY TAXATION BY SCHOOL DISTRICTS FOR SCHOOL FINANCE FUNDING.

(III)  FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 2000, THE DOLLAR AMOUNTS OF ACTUAL VALUE SPECIFIED IN SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH (e) SHALL BE ANNUALLY ADJUSTED TO REFLECT THE PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR THE DENVER­BOULDER CONSOLIDATED METROPOLITAN STATISTICAL AREA FOR ALL URBAN CONSUMERS, ALL GOODS, AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS, OR ITS SUCCESSOR INDEX, FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING A GIVEN PROPERTY TAX YEAR.

(f)  FOR PURPOSES OF PROVIDING SCHOOL FINANCE TAX RELIEF TO PERSONS WHO RENT AND OCCUPY RESIDENTIAL PROPERTY AS THEIR PRIMARY RESIDENCES AND, THEREFORE, DO NOT QUALIFY FOR THE EXEMPTION ESTABLISHED IN SUBPARAGRAPH (I) OR (II) OF PARAGRAPH (e) OF THIS SUBSECTION (1), THE GENERAL ASSEMBLY SHALL ESTABLISH, BY LAW, A CREDIT AGAINST STATE INCOME TAX FOR PERSONS WHO RENT AND OCCUPY RESIDENTIAL PROPERTY AS THEIR PRIMARY RESIDENCES FOR INCOME TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999. THE GENERAL ASSEMBLY SHALL ESTABLISH THE AMOUNT OF THE CREDIT AND SUCH QUALIFICATION REQUIREMENTS AS THE GENERAL ASSEMBLY DETERMINES TO BE REASONABLE AND EQUITABLE.

(g) (I)  THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE ESTABLISHMENT OF A FUND IN THE STATE TREASURY TO WHICH IS ANNUALLY CREDITED, FOR FISCAL YEARS COMMENCING ON AND AFTER JULY 1, 1999, AN AMOUNT OF REVENUES EQUAL TO THE AMOUNT OF INCOME TAX REVENUES COLLECTED BY THE STATE FOR THAT INCOME TAX YEAR ATTRIBUTABLE TO A RATE OF TWENTY­FIVE ONE­HUNDREDTHS OF ONE PERCENT IMPOSED ON TAXABLE INCOME AS PROVIDED FOR BY LAW.

(II)  REVENUES TRANSFERRED IN ACCORDANCE WITH THIS PARAGRAPH (g) SHALL BE EXPENDED ONLY FOR THE PURPOSE OF REIMBURSING LOCAL GOVERNMENTS FOR REDUCTIONS IN PROPERTY TAX REVENUES OCCURRING AS A RESULT OF THE ADJUSTMENT OF VALUATION FOR ASSESSMENT RATIOS PURSUANT TO THIS SUBSECTION (1), AS AMENDED, AS A RESULT OF THE EXEMPTION ESTABLISHED IN PARAGRAPH (e) OF THIS SUBSECTION (1), AND AS A RESULT OF ANY REDUCTION IN SCHOOL DISTRICT MILL LEVIES PURSUANT TO SUBSECTION (10) OF SECTION 20 OF THIS ARTICLE, AND FOR THE PURPOSE OF OFFSETTING STATE INCOME TAX REVENUE LOSSES DUE TO THE INCOME TAX CREDIT FOR RENTERS ESTABLISHED IN ACCORDANCE WITH PARAGRAPH (f) OF THIS SUBSECTION (1). ANY REIMBURSEMENTS MADE TO SCHOOL DISTRICTS PURSUANT TO THIS PARAGRAPH (g) SHALL BE THROUGH THE "PUBLIC SCHOOL FINANCE ACT OF 1994", ARTICLE 54 OF TITLE 22, COLORADO REVISED STATUTES, OR ANY SUCCESSOR SCHOOL FINANCE ACT. REVENUES EXPENDED IN ACCORDANCE WITH THIS PARAGRAPH (g) SHALL NOT BE SUBJECT TO ANY STATUTORY LIMITATION ON REVENUES, APPROPRIATIONS, OR SPENDING.


SCR 98-4


(Cont.)

Section 20 (2) (e),(4) (a), and (8) (c) of article X of the constitution of the state of Colorado are amended, and the said section 20 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

Section 20.  The Taxpayer's Bill of Rights.  (2)  Term definitions.  Within this section:

(e)  "Fiscal year spending" means all district expenditures and reserve increases except, as to both, those for refunds made in the current or next fiscal year or those from gifts, federal funds, collections for another government, pension contributions by employees and pension fund earnings, reserve transfers or expenditures, damage awards, or property sales, OR THE AMOUNT OF STATE INCOME TAX REVENUES COLLECTED IN A GIVEN FISCAL YEAR ATTRIBUTABLE TO A RATE OF TWENTY­FIVE ONE­HUNDREDTHS OF ONE PERCENT IMPOSED ON TAXABLE INCOME AS PROVIDED FOR BY LAW THAT IS TRANSFERRED AND EXPENDED IN ACCORDANCE WITH PARAGRAPH (g) OF SUBSECTION (1) OF SECTION 3 OF THIS ARTICLE.

(4)  Required elections.  Starting November 4, 1992, districts must have voter approval in advance for: (a) Unless (1), or (6), OR (10) applies, any new tax, tax rate increase, mill levy above that for the prior year, valuation for assessment ratio increase for a property class, or extension of an expiring tax, or a tax policy change directly causing a net tax revenue gain to any district.

(8)  Revenue limits.  (c)  Regardless of reassessment frequency, valuation notices shall be mailed annually and may be appealed annually, with no presumption in favor of any pending valuation. Past or future sales by a lender or government shall also be considered as comparable market sales and their sales prices kept as public records. Actual value shall be stated on all property tax bills and valuation notices and, for residential real property, determined solely by the market approach to appraisal.

(10)  School district mill levies.  (a)  FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, EVERY SCHOOL DISTRICT OF THE STATE SHALL LEVY THE NUMBER OF MILLS LEVIED FOR SCHOOL FINANCE FUNDING BY THE SCHOOL DISTRICT FOR THE PROPERTY TAX YEAR COMMENCING JANUARY 1, 1998, UNLESS:

(I)  THE NUMBER OF MILLS LEVIED FOR SCHOOL FINANCE FUNDING BY THE SCHOOL DISTRICT FOR THE PROPERTY TAX YEAR COMMENCING JANUARY 1, 1998, WILL RESULT IN THE PROPERTY TAX REVENUES OF THE DISTRICT EXCEEDING THE LIMITATION ON THE DISTRICT'S PROPERTY TAX REVENUE SET FORTH IN PARAGRAPH (c) OF SUBSECTION (7) OF THIS SECTION FOR THE BUDGET YEAR FOR WHICH THE MILL LEVY IS IMPOSED; OR

(II)  THE NUMBER OF MILLS THE SCHOOL DISTRICT IS REQUIRED TO LEVY FOR SCHOOL FINANCE FUNDING HAS BEEN MODIFIED BY THE GENERAL ASSEMBLY PURSUANT TO THE AUTHORITY GRANTED BY PARAGRAPH (b) OF THIS SUBSECTION (10).

(b)  THROUGH THE "PUBLIC SCHOOL FINANCE ACT OF 1994", ARTICLE 54 OF TITLE 22, COLORADO REVISED STATUTES, OR ANY SUCCESSOR SCHOOL FINANCE ACT, THE GENERAL ASSEMBLY SHALL, FOR EACH BUDGET YEAR COMMENCING ON AND AFTER JULY 1, 1999, DETERMINE THE NUMBER OF MILLS TO BE LEVIED BY EACH SCHOOL DISTRICT OF THE STATE FOR SCHOOL FINANCE FUNDING. IN ITS DISCRETION, THE GENERAL ASSEMBLY MAY RAISE OR LOWER THE MILL LEVY OF ANY SCHOOL DISTRICT THAT HAD BEEN ESTABLISHED FOR THE PRIOR BUDGET YEAR; EXCEPT THAT:

(I)  A SCHOOL DISTRICT'S MILL LEVY MAY BE INCREASED ONLY TO THE EXTENT THAT THE AMOUNT OF THE DISTRICT'S PROPERTY TAX REVENUE THAT WILL RESULT FROM THE IMPOSITION OF SUCH MILL LEVY INCREASE DOES NOT EXCEED THE LIMITATION ON THE DISTRICT'S PROPERTY TAX REVENUE SET FORTH IN PARAGRAPH (c) OF SUBSECTION (7) OF THIS SECTION FOR THE BUDGET YEAR FOR WHICH THE MILL LEVY IS IMPOSED; AND


SCR 98-4


(Cont.)

(II)  A SCHOOL DISTRICT'S MILL LEVY SHALL BE DECREASED IF A SCHOOL DISTRICT'S MILL LEVY ESTABLISHED FOR THE PRIOR BUDGET YEAR WILL RESULT IN THE PROPERTY TAX REVENUES OF THE DISTRICT EXCEEDING THE LIMITATION ON THE DISTRICT'S PROPERTY TAX REVENUE SET FORTH IN PARAGRAPH (c) OF SUBSECTION (7) OF THIS SECTION FOR THE BUDGET YEAR FOR WHICH THE MILL LEVY IS IMPOSED.

(c)  FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, ANY MILL LEVY INCREASE REQUIRED BY THE GENERAL ASSEMBLY PURSUANT TO THE AUTHORITY GRANTED BY PARAGRAPH (b) OF THIS SUBSECTION (10) MAY BE IMPOSED WITHOUT PRIOR VOTER APPROVAL.

(d)  NOTWITHSTANDING ANY LAW TO THE CONTRARY, FOR CALENDAR YEARS BEGINNING ON AND AFTER JANUARY 1, 1999, EACH SCHOOL DISTRICT SHALL CONTINUE TO RECEIVE THE SAME PERCENTAGE OF SPECIFIC OWNERSHIP TAX REVENUE THAT THE SCHOOL DISTRICT RECEIVED IN THE CALENDAR YEAR BEGINNING JANUARY 1, 1998, AS ADJUSTED TO REFLECT INCREASES IN PROPERTY TAX REVENUES OF THE SCHOOL DISTRICT RESULTING FROM ANY PROPERTY TAX INCREASE APPROVED BY THE REGISTERED ELECTORS OF THE SCHOOL DISTRICT ON OR AFTER JANUARY 1, 1998, OR RESULTING FROM ANY MILL LEVY INCREASE REQUIRED BY THE GENERAL ASSEMBLY PURSUANT TO THE AUTHORITY GRANTED BY PARAGRAPH (b) OF THIS SUBSECTION (10).

SECTION 2.  Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO SECTIONS 3 AND 20 OF ARTICLE X OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING PROPERTY TAX REFORM, AND, IN CONNECTION THEREWITH, MODIFYING THE VALUATION FOR ASSESSMENT PERCENTAGES FOR CERTAIN CLASSIFICATIONS OF PROPERTY, ESTABLISHING A HOMESTEAD EXEMPTION FROM PROPERTY TAXES LEVIED FOR THE FUNDING OF PUBLIC SCHOOLS FOR A PORTION OF THE ACTUAL VALUE OF OWNER­OCCUPIED PRIMARY RESIDENCES, REQUIRING THE ESTABLISHMENT OF A STATE INCOME TAX CREDIT FOR PERSONS WHO RENT THEIR PRIMARY RESIDENCES, REQUIRING SCHOOL DISTRICTS TO LEVY THE SAME PROPERTY TAX MILL LEVY FOR SCHOOL FINANCE FUNDING THAT WAS LEVIED FOR THE 1998 PROPERTY TAX YEAR EXCEPT IN CERTAIN CIRCUMSTANCES, ALLOWING SAID SCHOOL DISTRICT PROPERTY TAX MILL LEVY TO BE MODIFIED ANNUALLY BY THE GENERAL ASSEMBLY AND ALLOWING INCREASES IN THE MILL LEVY TO BE IMPOSED WITHOUT VOTER APPROVAL, AND FOR THE PURPOSE OF PROVIDING RELIEF FROM PROPERTY TAXES, DEDICATING A PORTION OF STATE INCOME TAX REVENUES TO REPLACE TAX REVENUE LOSSES OF GOVERNMENTS DUE TO SUCH PROPERTY TAX RELIEF, EXEMPTING SAID DEDICATED PORTION OF STATE INCOME TAX REVENUES FROM STATUTORY LIMITATIONS ON REVENUES, APPROPRIATIONS, AND SPENDING, AND MODIFYING THE DEFINITION OF "FISCAL YEAR SPENDING" TO EXCLUDE SAID DEDICATED PORTION OF STATE INCOME TAX REVENUES FROM THE CONSTITUTIONAL LIMITATION ON STATE FISCAL YEAR SPENDING."

SECTION 3.  The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.".

Page 1, strike lines 102 through 119 and substitute the following:


SCR 98-4


(Cont.)

"AN AMENDMENT TO SECTIONS 3 AND 20 OF ARTICLE X OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING PROPERTY TAX REFORM, AND, IN CONNECTION THEREWITH, MODIFYING THE VALUATION FOR ASSESSMENT PERCENTAGES FOR CERTAIN CLASSIFICATIONS OF PROPERTY, ESTABLISHING A HOMESTEAD EXEMPTION FROM PROPERTY TAXES LEVIED FOR THE FUNDING OF PUBLIC SCHOOLS FOR A PORTION OF THE ACTUAL VALUE OF OWNER­OCCUPIED PRIMARY RESIDENCES, REQUIRING THE ESTABLISHMENT OF A STATE INCOME TAX CREDIT FOR PERSONS WHO RENT THEIR PRIMARY RESIDENCES, REQUIRING SCHOOL DISTRICTS TO LEVY THE SAME PROPERTY TAX MILL LEVY FOR SCHOOL FINANCE FUNDING THAT WAS LEVIED FOR THE 1998 PROPERTY TAX YEAR EXCEPT IN CERTAIN CIRCUMSTANCES, ALLOWING SAID SCHOOL DISTRICT PROPERTY TAX MILL LEVY TO BE MODIFIED ANNUALLY BY THE GENERAL ASSEMBLY AND ALLOWING INCREASES IN THE MILL LEVY TO BE IMPOSED WITHOUT VOTER APPROVAL, AND, FOR THE PURPOSE OF PROVIDING RELIEF FROM PROPERTY TAXES, DEDICATING A PORTION OF STATE INCOME TAX REVENUES TO REPLACE TAX REVENUE LOSSES OF GOVERNMENTS DUE TO SUCH PROPERTY TAX RELIEF, EXEMPTING SAID DEDICATED PORTION OF STATE INCOME TAX REVENUES FROM STATUTORY LIMITATIONS ON REVENUES, APPROPRIATIONS, AND SPENDING, AND MODIFYING THE DEFINITION OF "FISCAL YEAR SPENDING" TO EXCLUDE SAID DEDICATED PORTION OF STATE INCOME TAX REVENUES FROM THE CONSTITUTIONAL LIMITATION ON STATE FISCAL YEAR SPENDING.".

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

riations referred favorably to the Committee of the Whole: HB 98-1165 and 98-1214

Approp- After consideration on the merits, the committee recommends that HB 98-1065 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 10 and 11.

Strike pages 2 and 3.

Page 4, strike lines 1 through 8.

Renumber succeeding sections accordingly.

Approp- After consideration on the merits, the committee recommends that HB 98-1256 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 4, line 14, strike "TO" and substitute "FIFTY MILLION DOLLARS ANNUALLY TO";

line 18, strike "TO" and substitute "FIFTY MILLION DOLLARS ANNUALLY TO";

line 20, strike "TO" and substitute "EIGHTY MILLION DOLLARS ANNUALLY TO";

strike lines 22 through 26.

Page 5, strike lines 1 and 2.

Approp- After consideration on the merits, the committee recommends that HB 98-1152 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 1, insert the following:

"SECTION 1.  39­1­103 (8) (a) (I), Colorado Revised Statutes, is amended to read:

39­1­103.  Actual value determined ­ when. (8)  In any case in which sales prices of comparable properties within any class or subclass are utilized when considering the market approach to appraisal in the determination of actual value of any taxable property, the following limitations and conditions shall apply:

(a) (I)  Use of the market approach shall require a representative body of sales, including sales by a lender or government, sufficient to set a pattern, and appraisals shall reflect due consideration of the degree of comparability of sales, including the extent of similarities and dissimilarities among properties that are compared for assessment purposes. In order to obtain a reasonable sample and to reduce sudden price changes or fluctuations, all sales shall be included in the sample that reasonably reflect a true or typical sales price during the period specified in section 39­1­104 (10.2). Sales of personal property exempt pursuant to the provisions of sections 39­3­102, 39­3­103, and 39­3­119 to 39­3­122 shall not be included in any such sample.".


HB 98-1152


(Cont.)

Renumber succeeding sections accordingly.

Page 2, strike lines 5 through 14 and substitute the following:

"39­1­104.  Valuation for assessment. (1)  FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, the valuation for assessment of all taxable property in the state shall be twenty­nine TWENTY­EIGHT percent of the actual value thereof as".

Page 3, line 6, strike "TEN" and substitute "NINE AND SIX­TENTHS";

strike lines 8 through 15 and substitute the following:

"(1.8)  FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, VACANT LAND SHALL BE VALUED FOR ASSESSMENT AT TWENTY­FIVE PERCENT OF ITS ACTUAL VALUE.".

strike line 26.

Page 6, strike lines 1 through 16 and substitute the following:

"39­3­101.5.  Homestead ­ exemption. (1)  FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 1999, THE FIRST SEVENTY­FIVE THOUSAND DOLLARS OF THE ACTUAL VALUE OR AN AMOUNT EQUAL TO THIRTY PERCENT OF THE ACTUAL VALUE, WHICHEVER IS LESS, OF RESIDENTIAL REAL PROPERTY THAT, AS OF THE ASSESSMENT DATE, IS OWNED BY A PERSON WHO IS LESS THAN SIXTY­FIVE YEARS OF AGE, IS OWNER­OCCUPIED, AND IS USED AS THE PRIMARY RESIDENCE OF THE OWNER SHALL BE EXEMPT FROM PROPERTY TAXATION BY SCHOOL DISTRICTS FOR SCHOOL FINANCE FUNDING.

(2)  FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 1999, THE FIRST SEVENTY­FIVE THOUSAND DOLLARS OF THE ACTUAL VALUE OR AN AMOUNT EQUAL TO SIXTY PERCENT OF THE ACTUAL VALUE, WHICHEVER IS LESS, OF RESIDENTIAL REAL PROPERTY THAT, AS OF THE ASSESSMENT DATE, IS OWNED BY A PERSON WHO IS SIXTY­FIVE YEARS OF AGE OR OLDER, IS OWNER­OCCUPIED, AND IS USED AS THE PRIMARY RESIDENCE OF THE OWNER SHALL BE EXEMPT FROM PROPERTY TAXATION BY SCHOOL DISTRICTS FOR SCHOOL FINANCE FUNDING.

(3)  FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 2000, THE DOLLAR AMOUNTS OF ACTUAL VALUE SPECIFIED IN SUBSECTIONS (1) AND (2) OF THIS SECTION SHALL BE ANNUALLY ADJUSTED TO REFLECT THE PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR THE DENVER­BOULDER CONSOLIDATED METROPOLITAN STATISTICAL AREA FOR ALL URBAN CONSUMERS, ALL GOODS, AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS, FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING A GIVEN PROPERTY TAX YEAR. THE ADMINISTRATOR SHALL NOTIFY THE ASSESSOR OF EACH COUNTY OF SAID PERCENTAGE CHANGE FOR A GIVEN CALENDAR YEAR AS SOON AS PRACTICABLE AFTER PUBLICATION BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS.

SECTION 6.  39­6­106 (2), Colorado Revised Statutes, is amended to read:

39­6­106.  Valuation for assessment of producing mines. (2)  On the basis of the information contained in such statement, the assessor shall value such mine for assessment at an amount equal to twenty­five TWENTY­FOUR AND ONE­TENTH percent of the gross proceeds, but if the net proceeds exceed twenty­five percent of the gross proceeds, then such mine shall be valued for assessment at the amount NINETY­SIX AND SIX­TENTHS PERCENT of such net proceeds.

SECTION 7.  The introductory portions to 39­7­102 (1) and (2), Colorado Revised Statutes, are amended to read:


HB 98-1152


(Cont.)

39­7­102.  Valuation for assessment. (1)  Except as provided in subsection (2) of this section, on the basis of the information contained in such statement, FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, the assessor shall value such oil and gas leaseholds and lands for assessment, as real property, at an amount equal to eighty­seven EIGHTY­FOUR and one­half percent of:

(2)  In order to promote the initiation or continuation of secondary recovery, tertiary recovery, or recycling projects which conserve and avoid waste of oil and gas, FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, the assessor shall value oil and gas leaseholds and lands employing such projects for assessment as provided in subsection (1) of this section but at an amount equal to seventy­five SEVENTY­TWO AND FOUR­TENTHS percent of:".

Renumber succeeding sections accordingly.

Page 8, line 17, strike "JULY 1, 2000." and substitute "JANUARY 1, 1999.";

line 21, strike "JULY 1, 2000." and substitute "JANUARY 1, 1999.";

after line 21, insert the following:

"SECTION 11.  Part 1 of article 22 of title 39, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

39­22­121.  Legislative declaration ­ property tax on primary residences of renters ­ credit against state income tax. (1)  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:

(a)  FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, A PORTION OF THE ACTUAL VALUE OF RESIDENTIAL REAL PROPERTY THAT IS OWNER­OCCUPIED AND USED AS THE PRIMARY RESIDENCE OF THE OWNER IS EXEMPT FROM THE LEVY AND COLLECTION OF PROPERTY TAX LEVIED AND COLLECTED BY SCHOOL DISTRICTS FOR SCHOOL FINANCE FUNDING;

(b)  THE LARGEST COMPONENT OF MOST PROPERTY TAX BILLS IS SCHOOL PROPERTY TAXES AND SUCH HOMESTEAD EXEMPTIONS PROVIDE PROPERTY TAX RELIEF TO HOMEOWNERS BY REDUCING THE AMOUNT OF SCHOOL PROPERTY TAXES LEVIED AND COLLECTED ON OWNER­OCCUPIED PRIMARY RESIDENCES;

(c)  WHILE IT IS RECOGNIZED THAT PERSONS WHO RENT PREMISES THAT CONSTITUTE THEIR PRIMARY RESIDENCES INDIRECTLY PAY PROPERTY TAXES AS A PORTION OF THEIR RENT, RENTERS DO NOT RECEIVE ANY TAX RELIEF THROUGH THE GRANTING OF PROPERTY TAX HOMESTEAD EXEMPTIONS SINCE SUCH PERSONS DO NOT OWN THEIR PRIMARY RESIDENCES;

(d)  IT IS IN THE INTEREST OF THE STATE TO PROVIDE PROPERTY TAX RELIEF TO RENTERS AND HOMEOWNERS ALIKE; AND

(e)  IT IS REASONABLE AND FAIR TO PROVIDE SCHOOL PROPERTY TAX RELIEF TO RENTERS OF PRIMARY RESIDENCES THROUGH AN INCOME TAX CREDIT AS SET FORTH IN THIS SECTION.

(2)  AS USED IN THIS SECTION:

(a)  "PREMISES" MEANS A HOUSE OR DWELLING UNIT USED TO PROVIDE LIVING ACCOMMODATIONS IN A BUILDING OR STRUCTURE AND THE LAND INCIDENTAL THERETO BUT DOES NOT INCLUDE LAND ONLY EXCEPT IN THE CASE WHERE THE DWELLING UNIT IS A MOBILE HOME.

(b)  "QUALIFIED INDIVIDUAL" MEANS:

(I)  A NATURAL PERSON WHO IS DOMICILED IN THIS STATE FOR THE ENTIRE TAXABLE YEAR, WHO RENTED AND OCCUPIED PREMISES IN THIS STATE THAT CONSTITUTED HIS OR HER PRIMARY RESIDENCE DURING THE ENTIRE TAXABLE YEAR, AND WHO IS REQUIRED TO FILE A COLORADO INDIVIDUAL INCOME TAX RETURN FOR THAT TAX YEAR PURSUANT TO SECTION 39­22­601 (1) (a) OR WHO FILES A COLORADO INDIVIDUAL INCOME TAX RETURN TO CLAIM A REFUND OF COLORADO INCOME TAX WITHHELD FROM WAGES OR ESTIMATED COLORADO INCOME TAX PAID FOR THAT TAX YEAR; OR


HB 98-1152


(Cont.)

(II)  A NATURAL PERSON WHO IS DOMICILED IN THIS STATE FOR THE ENTIRE TAXABLE YEAR, WHO RENTED AND OCCUPIED PREMISES IN THIS STATE THAT CONSTITUTED HIS OR HER PRIMARY RESIDENCE DURING THE ENTIRE TAXABLE YEAR, AND WHO IS AT LEAST EIGHTEEN YEARS OF AGE AS OF DECEMBER 31 IMMEDIATELY PRECEDING THAT TAX YEAR.

(c)  "QUALIFIED INDIVIDUAL" DOES NOT INCLUDE ANY OF THE FOLLOWING:

(I)  A NATURAL PERSON WHO RENTED AND OCCUPIED PREMISES THAT WERE EXEMPT FROM PROPERTY TAXATION DURING THE TAXABLE YEAR;

(II)  A NATURAL PERSON WHO HAS BEEN GRANTED OR WHOSE SPOUSE HAS BEEN GRANTED THE EXEMPTION FOR RESIDENTIAL REAL PROPERTY OWNED BY SUCH PERSON OR THE PERSON'S SPOUSE UNDER SECTION 39­3­101.5 DURING THE TAXABLE YEAR;

(III)  A NATURAL PERSON WHOSE PRIMARY RESIDENCE FOR THE ENTIRE TAXABLE YEAR IS WITH ANY OTHER PERSON WHO CLAIMED SUCH PERSON AS A DEPENDENT FOR INCOME TAX PURPOSES.

(3)  WITH RESPECT TO TAXABLE YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, THERE SHALL BE ALLOWED TO EACH QUALIFIED INDIVIDUAL AN INCOME TAX CREDIT IN AN AMOUNT SPECIFIED IN SUBSECTION (4) OF THIS SECTION WITH RESPECT TO THE INCOME TAXES IMPOSED BY THIS ARTICLE.

(4)  EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (4), THE AMOUNT OF THE CREDIT ALLOWED TO A QUALIFIED INDIVIDUAL UNDER THIS SECTION SHALL BE FORTY­FIVE DOLLARS. A HUSBAND AND WIFE WHO ARE BOTH QUALIFIED INDIVIDUALS AND WHO FILE SEPARATE TAX RETURNS FOR A TAXABLE YEAR IN WHICH THEY COULD HAVE FILED A JOINT RETURN MAY EACH CLAIM ONLY TWENTY­TWO DOLLARS AND FIFTY CENTS.

(5) (a)  ANY CREDIT ALLOWED PURSUANT TO THIS SECTION SHALL BE CLAIMED BY A QUALIFIED INDIVIDUAL AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION BY TIMELY FILING AN INCOME TAX RETURN FOR THE TAXABLE YEAR FOR WHICH THE CREDIT IS CLAIMED WITH THE DEPARTMENT OF REVENUE IN COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE. THE DEPARTMENT OF REVENUE SHALL NOT ALLOW SAID CREDIT CLAIMED ON ANY INCOME TAX RETURN FOR THE TAXABLE YEAR FOR WHICH THE CREDIT IS CLAIMED NOT FILED IN COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE. IN NO EVENT SHALL THE CREDIT CLAIMED BY A QUALIFIED INDIVIDUAL AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION ON ANY INCOME TAX RETURN BE ALLOWED IF SAID RETURN IS FILED AFTER OCTOBER 15 FOLLOWING THE CLOSE OF THE TAXABLE YEAR FOR WHICH THE CREDIT IS CLAIMED.

(b)  ANY CREDIT ALLOWED PURSUANT TO THIS SECTION SHALL BE CLAIMED BY A QUALIFIED INDIVIDUAL AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION BY FILING AN INCOME TAX RETURN FOR THE TAXABLE YEAR FOR WHICH THE CREDIT IS CLAIMED WITH THE DEPARTMENT OF REVENUE NO LATER THAN APRIL 15 FOLLOWING THE CLOSE OF THE TAXABLE YEAR FOR WHICH THE CREDIT IS CLAIMED. THE DEPARTMENT OF REVENUE SHALL NOT ALLOW SAID CREDIT CLAIMED BY A QUALIFIED INDIVIDUAL AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION ON ANY INCOME TAX RETURN FOR THE TAXABLE YEAR FOR WHICH THE CREDIT IS CLAIMED FILED WITH THE DEPARTMENT OF REVENUE AFTER APRIL 15 FOLLOWING THE CLOSE OF THE TAXABLE YEAR FOR WHICH THE CREDIT IS CLAIMED.

(6)  IF THE CREDIT ALLOWED UNDER THIS SECTION EXCEEDS THE INCOME TAXES OTHERWISE DUE ON THE CLAIMANT'S INCOME, THE AMOUNT OF THE CREDIT NOT USED AS AN OFFSET AGAINST INCOME TAXES MAY NOT BE CARRIED FORWARD AS A TAX CREDIT AGAINST SUBSEQUENT YEARS' INCOME TAX LIABILITY AND SHALL BE REFUNDED TO THE CLAIMANT.


HB 98-1152


(Cont.)

(7)  IN ADDITION TO ANY OTHER PENALTIES ALLOWED BY LAW, ANY PERSON WHO CLAIMS BUT IS NOT ELIGIBLE TO CLAIM THE CREDIT ALLOWED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE CRIMINAL PENALTIES IMPOSED PURSUANT TO SECTION 39­21­118, AS APPLICABLE.

SECTION 12.  39­22­623 (1) (a) (II) (A) and (1) (b), Colorado Revised Statutes, are amended, and the said 39­22­623 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

39­22­623.  Disposition of collections. (1)  The proceeds of all moneys collected under this article, less the reserve retained for refunds, shall be credited as follows:

(a) (II) (A)  Effective July 1, 1987, JULY 1, 1999, FOLLOWING THE CREDITING OF THE AMOUNT OF SUCH MONEYS TO THE PROPERTY TAX RELIEF FUND AS SPECIFIED IN SUBSECTION (2) OF THIS SECTION, an amount equal to twenty­seven percent of the gross state cigarette tax shall be apportioned to incorporated cities and incorporated towns which levy taxes and adopt formal budgets and to counties. For the purposes of this section, a city and county shall be considered as a city. The city or town share shall be apportioned according to the percentage of state sales tax revenues collected by the department of revenue in an incorporated city or town as compared to the total state sales tax collections that may be allocated to all political subdivisions in the state; the county share shall be the same as that which the percentage of state sales tax revenues collected in the unincorporated area of the county bears to total state sales tax revenues which may be allocated to all political subdivisions in the state. The department of revenue shall certify to the state treasurer, at least annually, the percentage for allocation to each city, town, and county, and such percentage for allocation so certified shall be applied by said department in all distributions to cities, towns, and counties until changed by certification to the state treasurer. In order to qualify for distributions of state income tax moneys, units of local government are prohibited from imposing fees, licenses, or taxes on any person as a condition for engaging in the business of selling cigarettes or from attempting in any manner to impose a tax on cigarettes. For purposes of this paragraph (a), the "gross state cigarette tax" means the total tax before the discount provided for in section 39­28­104 (1).

(b)  Following THE CREDITING OF THE AMOUNT OF SUCH MONEYS TO THE PROPERTY TAX RELIEF FUND AS SPECIFIED IN SUBSECTION (2) OF THIS SECTION AND FOLLOWING apportionment of the city, town, and county shares pursuant to paragraph (a) of this subsection (1) and pursuant to section 29­21­101, C.R.S., all remaining funds shall be credited to the general fund, and the general assembly shall make appropriations therefrom for the expenses of the administration of this article.

(2)  FOR EACH FISCAL YEAR COMMENCING ON AND AFTER JULY 1, 1999, AN AMOUNT EQUAL TO THE AMOUNT OF INCOME TAX REVENUES COLLECTED BY THE STATE DURING THAT FISCAL YEAR ATTRIBUTABLE TO A RATE OF TWENTY­FIVE ONE­HUNDREDTHS OF ONE PERCENT IMPOSED ON TAXABLE INCOME AS PROVIDED FOR PURSUANT TO THIS ARTICLE SHALL BE CREDITED TO THE PROPERTY TAX RELIEF FUND CREATED IN SECTION 24­75­1101.

SECTION 13.  Article 75 of title 24 is amended BY THE ADDITION OF A NEW PART to read:

PART 11

PROPERTY TAX RELIEF FUND

24­75­1101.   Property tax relief fund ­ creation ­ purposes. (1)  THERE IS HEREBY CREATED IN THE STATE TREASURY THE PROPERTY TAX RELIEF FUND. THE FUND SHALL CONSIST OF SUCH MONEYS CREDITED TO THE FUND IN ACCORDANCE WITH SECTION 39­22­623 (2), C.R.S. THE MONEYS IN THE FUND SHALL NOT BE TRANSFERRED OR CREDITED TO THE GENERAL FUND OR TO ANY OTHER FUND. ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND.


HB 98-1152


(Cont.)

(2) (a)  NO LATER THAN APRIL 1, 2000, AND APRIL 1 OF EACH YEAR THEREAFTER, THE STATE TREASURER SHALL DISTRIBUTE TO EACH LOCAL GOVERNMENT, OTHER THAN SCHOOL DISTRICTS, FROM THE PROPERTY TAX RELIEF FUND CREATED IN SUBSECTION (1) OF THIS SECTION AN AMOUNT EQUAL TO THE DIRECT AND INDIRECT NET LOSS IN PROPERTY TAX REVENUES WHICH IS INCURRED FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, AS A RESULT OF THE ADJUSTMENT IN THE RATIOS OF VALUATION FOR ASSESSMENT PURSUANT TO SECTIONS 39­1­104, 39­6­106, AND 39­7­102, C.R.S., AS AMENDED BY HOUSE BILL 98­1152, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY. A LOCAL GOVERNMENT INCURS A NET LOSS IN PROPERTY TAX REVENUES FOR A GIVEN PROPERTY TAX YEAR IF THE AGGREGATE AMOUNT OF PROPERTY TAX REVENUES THAT THE LOCAL GOVERNMENT WOULD HAVE OTHERWISE LEVIED AND COLLECTED FOR SAID PROPERTY TAX YEAR USING THE RATIOS OF VALUATION FOR ASSESSMENT SET FORTH IN SECTIONS 39­1­104, 39­1­106, AND 39­7­102, C.R.S., AND AS DETERMINED IN ACCORDANCE WITH SECTION 39­1­104.2, C.R.S., AS SAID SECTIONS EXISTED ON OCTOBER 1, 1998, IS GREATER THAN THE AGGREGATE AMOUNT OF PROPERTY TAX REVENUES THAT THE LOCAL GOVERNMENT LEVIED AND COLLECTED FOR SAID PROPERTY TAX YEAR USING THE RATIOS OF VALUATION FOR ASSESSMENT SET FORTH IN SECTIONS 39­1­104, 39­6­106, AND 39­7­102, C.R.S., AS AMENDED BY HOUSE BILL 98­1152, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY.

(b)  THE PROPERTY TAX ADMINISTRATOR SHALL PREPARE A REPORT ON OR BEFORE MARCH 1, 1999, AND ON OR BEFORE EACH MARCH 1 THEREAFTER, SETTING FORTH THE AMOUNT TO BE TRANSMITTED TO EACH LOCAL GOVERNMENT PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2) AND SHALL PROVIDE THE REPORT TO THE STATE TREASURER AND THE GENERAL ASSEMBLY. THE STATE TREASURER SHALL ANNUALLY DISTRIBUTE MONEYS IN THE PROPERTY TAX RELIEF FUND AS PROVIDED IN THE REPORT.

(3)  FOR BUDGET YEARS COMMENCING ON AND AFTER JULY 1, 1999, THE GENERAL ASSEMBLY BY LAW SHALL APPROPRIATE MONEYS IN THE PROPERTY TAX RELIEF FUND TO SCHOOL DISTRICTS FOR THE FINANCING OF PUBLIC SCHOOLS OF THE STATE THROUGH THE "PUBLIC SCHOOL FINANCE ACT OF 1994", ARTICLE 54 OF TITLE 22, C.R.S., TO OFFSET THE DIRECT AND INDIRECT LOSSES IN PROPERTY TAX REVENUES FROM PROPERTY TAXES LEVIED FOR SCHOOL FINANCE FUNDING, WHICH LOSSES ARE INCURRED AS A RESULT OF THE HOMESTEAD EXEMPTION ESTABLISHED IN SECTION 39­3­101.5, C.R.S., THE ADJUSTMENT IN THE RATIOS OF VALUATION FOR ASSESSMENT PURSUANT TO SECTIONS 39­1­104, 39­6­106, AND 39­7­102, C.R.S., AND THE DETERMINATION OF THE GENERAL ASSEMBLY TO REDUCE THE NUMBER OF MILLS TO BE LEVIED FOR SCHOOL FINANCE FUNDING AS AUTHORIZED BY PARAGRAPH (b) OF SUBSECTION (10) OF ARTICLE X OF THE STATE CONSTITUTION.

(4)  FOR FISCAL YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, THE GENERAL ASSEMBLY MAY BE LAW APPROPRIATE MONEYS IN THE PROPERTY TAX RELIEF FUND TO OFFSET THE REDUCTION IN STATE INCOME TAX REVENUES DUE TO THE INCOME TAX CREDIT ALLOWED PURSUANT TO 39­22­121, C.R.S.

(5)  MONEYS CREDITED TO THE PROPERTY TAX RELIEF FUND CREATED IN SUBSECTION (1) OF THIS SECTION SHALL NOT BE SUBJECT TO ANY CONSTITUTIONAL OR STATUTORY LIMITATION ON REVENUES, APPROPRIATIONS, OR SPENDING.

SECTION 14.  24­77­102 (17) (b), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

24­77­102.  Definitions.  As used in this article, unless the context otherwise requires:

(17) (b)  "State fiscal year spending" does not include reserve transfers or expenditures or any state expenditures or reserve increases:

(X)  FROM THE AMOUNT OF STATE INCOME TAX REVENUES COLLECTED IN A GIVEN FISCAL YEAR ATTRIBUTABLE TO A RATE OF TWENTY­FIVE ONE­HUNDREDTHS OF ONE PERCENT IMPOSED ON TAXABLE INCOME AS PROVIDED FOR BY LAW THAT IS CREDITED AND EXPENDED FROM THE PROPERTY TAX RELIEF FUND IN ACCORDANCE WITH PARAGRAPH (g) OF SUBSECTION (1) OF SECTION 3 OF ARTICLE X OF THE STATE CONSTITUTION AND SECTION 24­75­1101.


HB 98-1152


(Cont.)

SECTION 15.  42­3­107 (23), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

42­3­107.  Taxable value of classes of property ­ rate of tax ­ when and where payable ­ department duties ­ apportionment of tax collections.  (23) (e)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (23), FOR CALENDAR YEARS BEGINNING ON AND AFTER JANUARY 1, 2000, A SCHOOL DISTRICT SHALL CONTINUE TO RECEIVE THE SAME PERCENTAGE OF SPECIFIC OWNERSHIP TAX THAT THE SCHOOL DISTRICT RECEIVED IN THE CALENDAR YEAR BEGINNING JANUARY 1, 1999, AS ADJUSTED TO REFLECT INCREASES IN PROPERTY TAX REVENUES OF THE SCHOOL DISTRICT RESULTING FROM ANY PROPERTY TAX INCREASE APPROVED BY THE REGISTERED ELECTORS OF THE SCHOOL DISTRICT ON AND AFTER JANUARY 1, 1999, OR RESULTING FROM ANY MILL LEVY INCREASE REQUIRED BY THE GENERAL ASSEMBLY PURSUANT TO THE AUTHORITY GRANTED BY PARAGRAPH (b) OF SUBSECTION (10) OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION.".

Renumber succeeding sections accordingly.

Page 8, line 24, strike "House Concurrent Resolution 98­____." and substitute "Senate Concurrent Resolution 98­004.";

line 26, strike "House Concurrent Resolution 98­____." and substitute "Senate Concurrent Resolution 98­004.".

Page 1, line 103, strike "PROPERTY AND" and substitute "PROPERTY,";

strike lines 106 and 107 and substitute the following:

"RESIDENCE, CREATING A STATE INCOME TAX CREDIT TO PROVIDE PROPERTY TAX RELIEF FOR RENTERS OF PRIMARY RESIDENCES, AND, FOR THE PURPOSE OF PROVIDING RELIEF FROM PROPERTY TAXES, DEDICATING A PORTION OF STATE INCOME TAX REVENUES TO REPLACE TAX REVENUE LOSSES OF GOVERNMENTS DUE TO SUCH PROPERTY TAX RELIEF AND EXCLUDING SUCH REVENUES FROM ANY CONSTITUTIONAL OR STATUTORY LIMITATION ON REVENUES, APPROPRIATIONS, OR SPENDING.".

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

riations postponed indefinitely: HCR 98-1002


FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 98-1149

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

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 98-1149, concerning the creation of the Colorado health care task force, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 4, strike lines 15 through 18, and substitute the following:

"(II)  THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, NO MORE THAN TWO OF WHOM SHALL BE FROM THE SAME POLITICAL PARTY;".

Respectfully submitted,


HB 98-1149


(Cont.)

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Marcy Morrison, Chair Sen. Dottie Wham, Chair

Rep. Gary McPherson Sen. Jeffrey Wells

Sen. Peggy Reeves

INTRODUCTION OF BILL

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

SB 98-189 by Senator Hopper--Concerning the regulation of retail food establishments.

Health, Environment, Welfare and Institutions

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title:

SJR 98-015 by Senator Coffman; also Representative Arrington--Concerning the promise keepers organization.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Friday, March 27.

SJR 98-016 by Senators Coffman, Alexander, Chlouber, Congrove, Feeley, Martinez, Mutzebaugh, Schroeder, and Weddig; also Representatives Dyer, Clarke, Entz, May, Owen, Pankey, Pfiffner, Romero, Sinclair, Taylor, and Tool--Concerning recognition of military appreciation day on March 30, 1998.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Friday, March 27.

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 98-1033 by Rep. Miller; Sen. Chlouber--County Categorization For Salaries

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


YES 26


NO 7


EXCUSED 1


ABSENT 1


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

N

Thiebaut

N

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

A

Powers

N

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

Y

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

N

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-sponsors added: Bishop, Dennis, Johnson, Martinez.











HB 98-1215 by Rep. Nichol; Senator B. Alexander--Civil Penalties For Mortgage Brokers

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


YES 33


NO 0


EXCUSED 1


ABSENT 1


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

A

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


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

Co-sponsor added: Bishop

HB 98-1089 by Rep. Allen; Senator Arnold--Teacher Evaluations

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


YES 32


NO 1


EXCUSED 1


ABSENT 1


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

N

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

A

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


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

HB 98-1090 by Rep. Dean; Senator Arnold--Teacher Dismissal Procedures

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


YES 32


NO 1


EXCUSED 1


ABSENT 1


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

N

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

A

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


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

HB 98-1370 by Rep. Hefley; Senator Mutzebaugh--District Boards Of Health

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


YES 33


NO 0


EXCUSED 1


ABSENT 1


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

A

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


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



HB 98-1361 by Rep. Grampsas; Senator Blickensderfer--Retired Judges' Pay In Judicial Budget

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


YES 33


NO 0


EXCUSED 1


ABSENT 1


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

A

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


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

HB 98-1102 by Rep. Owen; Sen. Blickensderfer--Instant Background Check System

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


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

HB 98-1029 by Rep. Takis; Senator Martinez--Mayoral Term In Stat Council Mngr City

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


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

Co-sponsor added: Rupert

HB 98-1020 by Rep. Taylor; Senator Reeves--Exemption From Local Government Audits

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


YES 31


NO 3


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

Y

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

N

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 98-1317 by Rep. Spradley; Sen. Ament--Repeal Proration Of Mobile Home Prop Tax

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


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

HB 98-1200 by Rep. Taylor; Senator Wattenberg--Local Marketing Districts

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


YES 28


NO 6


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

N

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

N

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

N

Weddig

Y

Chlouber

Y

Lamborn

E

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.

Co-sponsors added: Bishop, Chlouber, Dennis, Hopper, Johnson, Matsunaka, Phillips, Reeves, Wells.

HB 98-1176 by Rep. Swenson; Sen. Powers--Waste Tire Recycling Reimbursement

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


YES 33


NO 1


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

N

Thiebaut

Y

Bishop

Y

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


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

Co-sponsor added: Chlouber

HB 98-1250 by Rep. Kaufman; Sen. Reeves--Electronic Filing Of State Income Taxes

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


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

HB 98-1050 by Rep. Tool; Senator Wells--Higher Ed Employment Contracts

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


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

Co-sponsors added: Matsunaka, Norton.

HB 98-1371 by Rep. Swenson; Sen. Ament--Dangerous Weapon Grounds for Expulsion

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


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

Co-sponsors added: Alexander, Arnold, Bishop, Chlouber, Dennis, Hernandez, Hopper, Johnson, Linkhart, Martinez, Pascoe, Perlmutter, Powers, Rizzuto, Rupert, Schroeder, Tebedo, Wattenberg, Wells, Wham.

HB 98-1157 by Rep. Gotlieb; Sen. Wells--Post Retirement Work By Teachers

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


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

Co-sponsor added: Hopper

HB 98-1178 by Rep. Snyder; Senator Bishop--Private Prison Correctional Industries

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


HB 98-1178 A majority of all members elected to the Senate having voted in the affirmative, the bill

(Cont.) was declared PASSED.

Co-sponsors added: Arnold, Congrove, Dennis, Powers.

HB 98-1245 by Rep. Morrison; Sen. Lacy--Dispensing Drugs Via Fax

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


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

HB 98-1304 by Rep. Pankey; Senator Mutzebaugh--Funding of Transportation Projects

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


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

HB 98-1244 by Rep. McPherson; Senator Matsunaka--Investment Adviser Regulation

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


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

Co-sponsor added: Perlmutter

HB 98-1062 by Rep. Paschall; Senator Arnold--Select Independnt Work Comp Med Examiner

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

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

*

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

*

Schroeder

Y


HB 98-1062 A majority of all members elected to the Senate having voted in the affirmative, the bill

(Cont.) was declared PASSED.

Co-sponsor added: Tebedo

Abstaining (*) from voting under Senate Rule 17(c)--Senators Matsunaka and Wells.

HB 98-1236 by Rep. Epps; Senator Coffman--Post­boot Camp Placement

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


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

Co-sponsors added: Arnold, Chlouber.

HB 98-1337 by Rep. Kaufman; Senator Matsunaka--Common Interest Ownership Act Changes

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


YES 33


NO 0


EXCUSED 2


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

Y

Coffman

*

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: Wattenberg

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

HB 98-1221 by Rep. Kaufman; Sen. Wham--Nonprofit Health Care Transfer Of Assets

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


YES 33


NO 1


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

N

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


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

Co-sponsors added: Reeves, Rupert.






HB 98-1186 by Rep. S. Williams; Senator Chlouber--Teaching Of American Indian Culture

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


YES 30


NO 4


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

N

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

N

Johnson

Y

Phillips

Y

Wattenberg

N

Blickensderfer

Y

Lacy

Y

Powers

N

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


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

Co-sponsors added: Arnold, Hernandez, Johnson, Linkhart, Martinez, Pascoe, Phillips, Rupert, Tanner.

HB 98-1296 by Rep. George; Senator Wham--Early Ed And School Readiness Program

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


YES 28


NO 6


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

N

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

N

Weddig

Y

Chlouber

Y

Lamborn

E

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

N


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

Co-sponsors added: Bishop, Chlouber, Hernandez, Hopper, Johnson, Linkhart, Martinez, Matsunaka, Pascoe, Perlmutter, Phillips, Reeves, Rupert, Tanner, Thiebaut, Weddig.

HB 98-1007 by Rep. Spradley; Senator Wattenberg--Continue PUC

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


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

HB 98-1012 by Rep. Reeser; Senator Chlouber--Continuation Of Electrician Regulation

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


YES 32


NO 2


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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 98-1012 Co-sponsors added: Hernandez, Martinez, Phillips, Rupert, Thiebaut.

(Cont.)

HB 98-1117 by Rep. Spradley; Sen. Chlouber--Procedures Re Execution Of Prisoners

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


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

Co-sponsors added: Arnold, Dennis, Powers, Wham.

HB 98-1224 by Rep. Lawrence; Senator Arnold--Bail Recovery

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


YES 33


NO 1


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

N

Bishop

Y

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


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

Co-sponsor added: Chlouber

HB 98-1123 by Rep. May; Senator Ament--Dept Of Revenue Vehicle Sales Functions

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


YES 34


NO 0


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

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


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

HB 98-1188 by Rep. Snyder; Sen. Wham--Fair Campaign Practices Act

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


YES 31


NO 3


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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.

Co-sponsor added: Johnson

HB 98-1376 by Rep. Agler; Sen. Dennis--Protect Crime Victims From Civil Actions

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

Third Reading Amendment No. 1, by Senator Dennis

Amend revised bill, page 3, after line 20 insert the following:

"(a.6) FOR PURPOSES OF PARAGRAPH (a.5) OF THIS SUBSECTION (2), A FINDING OF NOT GUILTY OF CRIMINAL CHARGES DOES NOT INCLUDE A FINDING OF NOT GUILTY BY REASON OF INSANITY OR A FINDING OF NOT GUILTY BY REASON OF IMPAIRED MENTAL CONDITION.".

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

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


YES 27


NO 7


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

N

Ament

Y

Hernandez

Y

Pascoe

N

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

N

Bishop

YY

Johnson

Y

Phillips

N

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

N

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


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

Co-sponsors added: Arnold, Congrove, Tebedo.

______________________________

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 House Amendments to Senate Bills.

______________________________

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS

SB 98-13 by Sen. Powers; Representative T. Williams--Disclosures PIP Managed Care Options

Senator Powers moved that the Senate not concur in House amendments to SB 98-13, as printed in House Journal, February 27, pages 768-769, and that a Conference Committee be appointed.

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

The President appointed Senators Powers, Chairman, Lacy and Perlmutter as Senate Conferees on the First Conference Committee on SB No. 98-13.








SB 98-36 by Sen. Wham; Rep. Epps--Telemedicine Require Colo License

Senator Wham moved that the Senate not concur in House amendments to SB 98-36, as printed in House Journal, February 27, pages 767-768, and that a Conference Committee be appointed.

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

SB 98-40 by Sen. Coffman; Rep. Pfiffner--State Deferred Compensation Plan Changes

Senator Coffman moved that the Senate concur in House amendments to SB 98-40, as printed in House Journal, February 27, page 769. 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


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


YES 33


NO 1


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

N

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


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

SB 98-145 by Sen. Reeves; Rep. Allen--Title 1 Election Judges

Senator Reeves moved that the Senate concur in House amendments to SB 98-145, as printed in House Journal, February 27, page 742. 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


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


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


SB 98-145 A majority of all members elected to the Senate having voted in the affirmative, the bill, as

(Cont.) amended, was declared REPASSED.

SB 98-14 by Sen. Powers; Rep. T. Williams--Auto Insurance Wage Loss Replacement

Laid over until Friday, March 27, retaining its place on the calendar.

SB 98-119 by Sen. Alexander; Rep. Dean--Nonpaid State Official Health Insurance

Senator Alexander moved that the Senate concur in House amendments to SB 98-119, as printed in House Journal, March 3, page 792. The motion was adopted by the following roll call vote:


YES 31


NO 3


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

N

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

Y

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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


YES 25


NO 8


EXCUSED 2


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

N

Thiebaut

N

Bishop

YY

Johnson

Y

Phillips

N

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

N

Weddig

Y

Chlouber

*

Lamborn

E

Reeves

Y

Wells

Y

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

N

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, as amended, was declared REPASSED.

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

SB 98-12 by Sen. Tebedo; Rep. Swenson--Auto Ins Failure To Maintain Coverage

Senator Tebedo moved that the Senate concur in House amendments to SB 98-12, as printed in House Journal, March 4, pages 827-828. 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


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


YES 32


NO 2


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

N

Lamborn

E

Reeves

Y

Wells

Y

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


SB 98-12 A majority of all members elected to the Senate having voted in the affirmative, the bill, as

(Cont.) amended, was declared REPASSED.

SB 98-137 by Sen. Wham; Rep. Adkins--Confidentiality Of HIV Testing Records

Senator Wham moved that the Senate not concur in House amendments to SB 98-137, as printed in House Journal, March 4, page 828, and that a Conference Committee be appointed.

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

Senator Wham moved that the Senate Conferees on the First Conference Committee on SB No. 98-137 be given the powers to go beyond the scope of the differences between the two Houses.

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

SB 98-3 by Sen. Bishop; Rep. Schauer--Extends Repeal Of Lottery Division

Senator Bishop moved that the Senate concur in House amendments to SB 98-3, as printed in House Journal, March 6, page 845. The motion was adopted by the following roll call vote:


YES 33


NO 1


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

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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


YES 32


NO 2


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

N

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

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

SB 98-66 by Sen. Wells; Rep. Kreutz--Disabled Jurors

Senator Wells moved that the Senate concur in House amendments to SB 98-66, as printed in House Journal, March 6, page 843. 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


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


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


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

Co-sponsors added: Johnson, Linkhart.

SB 98-114 by Sen. Wells; Rep. Kaufman--Division Of PERA In Dom Rel Cases

Senator Wells moved that the Senate concur in House amendments to SB 98-114, as printed in House Journal, March 6, page 843. 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


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


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


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

SB 98-1 by Sen. Wells; Rep. Anderson--Services For Expelled Students

Laid over until Friday, March 27, retaining its place on the calendar.

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

Senator Mutzebaugh moved that the Senate not concur in House amendments to SB 98-35, as printed in House Journal, March 16, pages 919-920, and that a Conference Committee be appointed.

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

The President appointed Senators Mutzebaugh, Chairman, Ament and Johnson as Senate Conferees on the First Conference Committee on SB No. 98-35.

SB 98-37 by Sen. Lacy; Rep. Tool--Liquor Sales To Underage Persons

Senator Lacy moved that the Senate concur in House amendments to SB 98-37, as printed in House Journal, March 16, pages 921-922. 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


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


YES 32


NO 2


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

N

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

Y

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

SB 98-45 by Sen. Johnson; Rep. George--Public Trustee Fees And Salaries

Senator Johnson moved that the Senate concur in House amendments to SB 98-45, as printed in House Journal, March 16, page 921. The motion was adopted by the following roll call vote:


YES 28


NO 6


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

NE

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

N

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

Y

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

N

Martinez

Y

Rupert

Y

Mr. President

N

Dennis

Y

Matsunaka

Y

Schroeder

N


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


YES 29


NO 5


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

N

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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

N


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













SB 98-46 by Sen. Arnold; Rep. Reeser--Emissions Requirements Vehicle Sales

Senator Arnold moved that the Senate concur in House amendments to SB 98-46, as printed in House Journal, March 16, page 920. 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


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


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


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

SB 98-55 by Sen. Dennis; Representative Lawrence--Enforcement Authority Of County Govts

Senator Dennis moved that the Senate concur in House amendments to SB 98-55, as printed in House Journal, March 16, page 921. The motion was adopted by the following roll call vote:


YES 29


NO 5


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

NE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

N

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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


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


YES 29


NO 5


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

NE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

N

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

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, as amended, was declared REPASSED.

Co-sponsor added: Schroeder

SB 98-73 by Sen. Matsunaka; Rep. McElhany--Landlord & Tenant Issues

Senator Matsunaka moved that the Senate concur in House amendments to SB 98-73, as printed in House Journal, March 16, page 922. The motion 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

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

*

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

Y

Coffman

*

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


Abstaining (*) from voting under Senate Rule 17(c)--Senators Blickensderfer and Coffman.

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


YES 32


NO 0


EXCUSED 2


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

*

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

Y

Coffman

*

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

Abstaining (*) from voting under Senate Rule 17(c)--Senators Blickensderfer and Coffman.

SB 98-76 by Sen. Weddig; Rep. Lawrence--Notaries Public

Senator Weddig moved that the Senate not concur in House amendments to SB 98-76, as printed in House Journal, March 16, page 924, and that a Conference Committee be appointed.

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

The President appointed Senators Schroeder, Chairman, Alexander and Weddig as Senate Conferees on the First Conference Committee on SB No. 98-76.

SB 98-151 by Sen. Phillips; Rep. Kaufman--Common Interest Ownership Act Mediation

Senator Phillips moved that the Senate concur in House amendments to SB 98-151, as printed in House Journal, March 16, page 923. 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


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







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


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

Co-sponsor added: Schroeder

SB 98-102 by Sen. Linkhart; Rep. Tate--Entities

Senator Linkhart moved that the Senate concur in House amendments to SB 98-102, as printed in House Journal, March 16, page 922. 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


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


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


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

SB 98-133 by Sen. Wham; Rep. Snyder--Campaign Contributions

Senator Wham moved that the Senate not concur in House amendments to SB 98-133, as printed in House Journal, March 18, page 951, and that a Conference Committee be appointed.

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

The President appointed Senators Wham, Chairman, Powers and Weddig as Senate Conferees on the First Conference Committee on SB No. 98-133.

SB 98-159 by Sen. Bishop; Rep. George--Oil/Gas Royalty Payments & Info

Senator Bishop moved that the Senate not concur in House amendments to SB 98-159, as printed in House Journal, March 16, page 952, and that a Conference Committee be appointed.

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

SB 98-159 The President appointed Senators Bishop, Chairman, Ament and Matsunaka as Senate

(Cont.) Conferees on the First Conference Committee on SB No. 98-159.

SB 98-31 by Sen. Linkhart; Rep. Leyba--Youth Crime Prev & Interven Prog Grants

Senator Linkhart moved that the Senate concur in House amendments to SB 98-31, as printed in House Journal, March 19, page 970. 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


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


YES 33


NO 1


EXCUSED 1


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

N

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


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

SB 98-54 by Sen. Dennis; Rep. Kaufman--Regulating Private Prisons

Laid over until Friday, March 27, retaining its place on the calendar.

SB 98-136 by Sen. Mutzebaugh; Rep. T. Williams--Jury Service

Senator Mutzebaugh moved that the Senate concur in House amendments to SB 98-136, as printed in House Journal, March 19, page 971. 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


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


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


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

SB 98-136 Co-sponsors added: Congrove, Perlmutter, Powers, Tanner.

(Cont.)

SB 98-11 by Sen. Bishop; Rep. Allen--Prohibit Sex Offenders On School Bd

Senator Bishop moved that the Senate concur in House amendments to SB 98-11, as printed in House Journal, March 20, page 997. 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


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


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


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

SB 98-82 by Sen. Alexander; Rep. Dean--Educational & Cultural Facilities Act

Senator Alexander moved that the Senate concur in House amendments to SB 98-82, as printed in House Journal, March 20, page 997. The motion was adopted by the following roll call vote:


YES 33


NO 0


EXCUSED 2


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

*

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


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

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


YES 33


NO 0


EXCUSED 2


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

*

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


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

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

SB 98-111 by Sen. Coffman; Rep. Hefley--Appointment Of Former Members

Senator Coffman moved that the Senate concur in House amendments to SB 98-111, as printed in House Journal, March 20, pages 997-998. 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


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


YES 33


NO 1


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

N

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


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

SB 98-171 by Sen. Lacy; Rep. Dean--Metropolitan Football Stadium District

Senator Lacy moved that the Senate not concur in House amendments to SB 98-171, as printed in House Journal, March 23, pages 1018-1020 and as amended as printed in House Journal, March 24, pages 1045-1047, and that a Conference Committee be appointed.

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

The President appointed Senators Lacy, Chairman, Wattenberg and Perlmutter as Senate Conferees on the First Conference Committee on SB No. 98-171.

APPOINTMENTS TO CONFERENCE COMMITTEES

SB 98-137 by Sen. Wham; Rep. Adkins--Confidentiality Of HIV Testing Records

The President appointed Senators Wham, Chairman, Arnold and Johnson as Senate Conferees on the First Conference Committee on SB No. 98-137.

SB 98-36 by Sen. Wham; Rep. Epps--Telemedicine Require Colo License

The President appointed Senators Wham, Chairman, Wells and Perlmutter as Senate Conferees on the First Conference Committee on SB No. 98-36.

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

of the for consideration of General Orders and Senator Coffman 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, HB 98-1160, 98-1088 and 98-1311 were advanced on the General Orders calendar.

______________________________

HB 98-1160 by Rep. Adkins; Senator Wham--Substantive Changes To Criminal Laws

Referred to Committee on Appropriations.

HB 98-1088 by Rep. Kaufman; Senator Mutzebaugh--Procedural Criminal Laws

Referred to Committee on Appropriations.

HB 98-1311 by Rep. Udall; Senator Mutzebaugh--Business Officers Court Representation

Ordered revised 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, HB 98-1154, and 98-1335 were advanced on the General Orders calendar.

______________________________

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

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, March 4, page 397.)

Amendment No. 2, by Senator Schroeder

Amend reengrossed bill, page 2, line 6, strike "8­73­108 (4) (b) (I)" and substitute "8­73­108 (4) (b) (I)";

strike lines 10 through 13 and substitute the following:

"(j)  EXCEPT THAT SUCH INDIVIDUAL SHALL NOT BE ELIGIBLE WHEN THE INDIVIDUAL IS NOT WORKING DUE TO AN AUTHORIZED AND APPROVED VOLUNTARY LEAVE OF ABSENCE.".

Page 3, line 2, strike "PERSONAL REASONS NOT" and substitute "PERSONAL REASONS;".

strike line 3.

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

HB 98-1335 by Rep. Grampsas; Sen. Hopper--Fixed Guideway Authority

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, March 24, pages 558-559.)

Amendment No. 2, by Senator Lacy

Amend the reengrossed bill. Page 3, line 16, strike "DENVER" and substitute "DENVER, CITY OF AURORA".

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, March 26, were laid over until Friday, March 27 retaining their place on the calendar:

HB 98-1128, 98-1016, 98-1158, 98-1093, 98-1264, 98-1141; SB 98-166; HB 98-1300, 98-1053, 98-1261, 98-1209, 98-1252, 98-1368, 98-1372, 98-1305, 98-1306, 98-1140, 98-1041, 98-1028, 98-1177, 98-1249, 98-1045, 98-1375, 98-1312.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Coffman, 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 98-1311, declared passed on Second Reading.

HB 98-1154 as amended, 98-1335 as amended, declared passed on Second Reading.

HB 98-1160, 98-1088, referred to Committee on Appropriations.

HB 98-1128, 98-1016, 98-1158, 98-1093, 98-1264, 98-1141; SB 98-166; HB 98-1300, 98-1053, 98-1261, 98-1209, 98-1252, 98-1368, 98-1372, 98-1305, 98-1306, 98-1140, 98-1041, 98-1028, 98-1177, 98-1249, 98-1045, 98-1375, 98-1312, laid over until Friday, March 27, retaining their place on the calendar.

CONFERENCE COMMITTEES GRANTED FURTHER POWERS

SB 98-76 by Sen. Weddig; Rep. Lawrence--Notaries Public

Senator Weddig moved that the Senate Conferees on the First Conference Committee on SB 98-76 be given the powers to go beyond the scope of the differences between the two Houses.

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

SB 98-171 by Sen. Lacy; Rep. Dean--Metropolitan Football Stadium District

Senator Lacy moved that the Senate Conferees on the First Conference Committee on SB 98-171 be given the powers to go beyond the scope of the differences between the two Houses.

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

______________________________

On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Conference Committee Report on HB 98-1149.

______________________________

CONSIDERATION OF CONFERENCE COMMITTEE REPORT

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

Senator Wham moved for the adoption of the First Report of the First Conference Committee on HB 98-1149, printed in Senate Journal, March 26, pages 582-583. 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


HB 98-1149 The question being "Shall the bill, as amended, pass?" the roll was called with the following

(Cont.) result:


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


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

CONFERENCE COMMITTEE GRANTED FURTHER POWERS

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

Senator Lacy moved that the Senate Conferees on the First Conference Committee on HB 98-1359 be given the powers to go beyond the scope of the differences between the two Houses.

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

COMMITTEE OF REFERENCE REPORTS

Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: HB 98-1260

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

portation referred favorably to the Committee on Transportation: HB 98-1395

Business The Committee on Business Affairs and Labor has had under consideration and has had a

Affairs hearing on the following appointment and recommends that the appointment be confirmed:

and Labor

COLORADO LIMITED GAMING

CONTROL COMMISSION

for a term expiring July 1, 2001:

Phil K. Walter of Glenwood Springs, Colorado, to serve as a representative of law enforcement from the Third Congressional District and a Republican.

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

Affairs referred favorably to the Committee of the Whole: SB 98-177

and Labor

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

Affairs postponed indefinitely: HB 98-1199

and Labor

Approp- After consideration on the merits, the committee recommends that SB 98-170 be

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

Amend the committee amendment, as printed in Senate Journal, February 20, page 317, strike line 18 and substitute the following:

"Amend printed bill, page 2, strike lines 2 through 5 and substitute the following:


SB 98-170


(Cont.)

"SECTION 1.  The introductory portion to 24­75­302 (2), Colorado Revised Statutes, is amended, and the said 24­75­302 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:";

strike lines 14 through 21 and substitute the";

line 30 of the committee amendment, strike the period and substitute a semi­colon;

strike lines 32 through 56 of the committee amendment and substitute the following:

"strike lines 25 and 26.

Strike pages 4 through 7.";

strike lines 62 through 66 of the committee amendment and substitute the following:

"Page 9, strike lines 4 and 5 and substitute the following:

"For the fiscal year commencing July 1, 1997, and for four TEN succeeding fiscal years thereafter, the remaining fifteen percent shall be allocated";

strike lines 11 through 22.

Page 10, strike lines 6 through 8 and substitute the following:

"43­4­205.  Allocation of fund. (6.5) (a) (I)  The revenues credited to the highway users tax fund pursuant to section 39­26­123 (2), C.R.S., FOR THE FISCAL YEARS COMMENCING ON AND AFTER JULY 1, 1997, BUT PRIOR TO JULY 1, 2002, shall be paid to the state highway fund";

strike lines 11 through 13 and substitute the following:

"(II) THE REVENUES CREDITED TO THE HIGHWAY USERS TAX FUND PURSUANT TO SECTION 39­26­123 (2), C.R.S., FOR THE FISCAL YEARS COMMENCING ON AND AFTER JULY 1, 2002, BUT PRIOR TO JULY 1, 2008, SHALL BE PAID AS FOLLOWS:".";

after line 72 of the committee amendment, insert the following:

"SECTION 4. Capital construction appropriation. (1) The sum of sixty million dollars ($60,000,000) is hereby appropriated out of the capital construction fund to the department of transportation, for construction, maintenance, and operations. The appropriation made by this section shall become available to the department upon passage of this act, and, if any project is initiated within the fiscal year, the appropriation shall remain available until completion of all the projects or for a period of three years, whichever comes first, at which time the unexpended and unencumbered balance shall revert to the capital construction fund.

(2) The sum of twenty-two million dollars ($22,000,000) is hereby appropriated out of the capital construction fund to department of treasury, for distribution to the counties for highway construction, repair, and maintenance. The appropriation made by this section shall become available to the department upon passage of this act, and, if any project is initiated within the fiscal year, the appropriation shall remain available until completion of all the projects or for a period of three years, whichever comes first, at which time the unexpended and unencumbered balance shall revert to the capital construction fund.

(3) The sum of eighteen million dollars ($18,000,000) is hereby appropriated out of the capital construction fund to department of treasury, for distribution to the municipalities for highway construction, repair, and maintenance. The appropriation made by this section shall become available to the department upon passage of this act, and, if any project is initiated within the fiscal year, the appropriation shall remain available until completion of all the projects or for a period of three years, whichever comes first, at which time the unexpended and unencumbered balance shall revert to the capital construction fund.".


SB 98-170


(Cont.)

Renumber succeeding section accordingly.

Page 318 of the committee amendment, after line 5, insert the following:

"Page 1, line 102, strike "COLORADO" and substitute "COLORADO, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".".

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

riations referred favorably to the Committee of the Whole: HB 98-1271

Approp- After consideration on the merits, the committee recommends that HB 98-1269 be

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

Amend the reengrossed bill, page 2, after line 5, insert the following:

" SECTION 3. Safety clause. The General Assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.";

strike lines 6 through 15.

Approp- After consideration on the merits, the committee recommends that HB 98-1228 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 5, line 14, strike "CONSTITUTION." and substitute "CONSTITUTION AND THAT IS NOT REFUNDED BY ANOTHER METHOD ESTABLISHED BY LAW.";

line 26, strike "REFUNDED." and substitute "REFUNDED THAT IS NOT REFUNDED BY ANOTHER METHOD ESTABLISHED BY LAW.".

Page 6, strike line 13 and substitute the following:

"STATEWIDE AND THAT IS NOT REFUNDED BY ANOTHER METHOD ESTABLISHED BY LAW.".

Page 8, line 17, strike "REFUNDED." and substitute "REFUNDED AND THAT IS NOT REFUNDED BY ANOTHER METHOD ESTABLISHED BY LAW.".

Page 9, after line 16, insert the following:

" SECTION 5. 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.";

strike lines 17 through 25.

Approp- After consideration on the merits, the committee recommends that HB 98-1325 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, March 6, page 415, strike lines 60 through 62, and substitute the following:

"Amend reengrossed bill, page 3, line 3, after "CONSOLIDATION,", insert "AND";

line 4, strike "SECTOR;" and substitute "SECTOR AND WITH ESSENTIAL COMMUNITY PROVIDERS;";

line 6, strike "AND";

line 8, strike "DEGREE." and substitute "DEGREE;";

before line 9, insert the following:


HB 98-1325


(Cont.)

"(e)  THERE SHALL BE A STRONG EMPHASIS ON COORDINATION WITH LOCAL AND STATE PUBLIC HEALTH PROGRAMS AND INITIATIVES FOR CHILDREN.".

Page 6, line 4, after "PLAN;", insert "AND";

before line 5, insert the following:

"(c)  TO REPORT ON ENROLLMENT, UTILIZATION, AND QUALITY OF HEALTH CARE SERVICES PROVIDED THROUGH THE CHILDREN'S BASIC HEALTH PLAN, AND IDENTIFY BARRIERS RELATED TO ENROLLMENT, UTILIZATION, AND QUALITY.".

Page 8, line 5, strike "MARCH 1, 1998," and substitute "THE EFFECTIVE DATE OF THIS SECTION,".

Page 9, line 10, after the period, add "THE POLICY BOARD SHALL ASSURE THE UTILIZATION OF ESSENTIAL COMMUNITY PROVIDERS FOR THE PROVISION OF SERVICES INCLUDING ELIGIBILITY DETERMINATION, ENROLLMENT, AND OUTREACH WHEN REASONABLE. THE DEPARTMENT SHALL CONTRACT WITH MANAGED CARE ORGANIZATIONS FOR THE DELIVERY OF HEALTH SERVICES PURSUANT TO THIS ARTICLE. THE DEPARTMENT MAY CONTRACT WITH ESSENTIAL COMMUNITY PROVIDERS FOR HEALTH CARE SERVICES IN AREAS OF THE STATE THAT ARE NOT ADEQUATELY SERVED BY MANAGED CARE ORGANIZATIONS.".

Page 10, line 2, after "(3.5)", insert "(a)";

after line 9, insert the following:

"(b)  THE MANAGED CARE ORGANIZATION SHALL SEEK PROPOSALS FROM EACH ESSENTIAL COMMUNITY PROVIDER IN A COUNTY IN WHICH THE MANAGED CARE ORGANIZATION IS ENROLLING RECIPIENTS FOR THOSE SERVICES THAT THE MANAGED CARE ORGANIZATION PROVIDES OR INTENDS TO PROVIDE AND THAT AN ESSENTIAL COMMUNITY PROVIDER PROVIDES OR IS CAPABLE OF PROVIDING. TO ASSIST MANAGED CARE ORGANIZATIONS IN SEEKING PROPOSALS, THE STATE DEPARTMENT SHALL PROVIDE MANAGED CARE ORGANIZATIONS WITH A LIST OF ESSENTIAL COMMUNITY PROVIDERS IN EACH COUNTY. THE MANAGED CARE ORGANIZATION SHALL CONSIDER SUCH PROPOSALS IN GOOD FAITH AND SHALL, WHEN DEEMED REASONABLE BY THE MANAGED CARE ORGANIZATION BASED ON THE NEEDS OF ITS ENROLLEES, CONTRACT WITH ESSENTIAL COMMUNITY PROVIDERS. EACH ESSENTIAL COMMUNITY PROVIDER SHALL BE WILLING TO NEGOTIATE ON REASONABLY EQUITABLE TERMS WITH EACH MANAGED CARE ORGANIZATION. ESSENTIAL COMMUNITY PROVIDERS MAKING PROPOSALS UNDER THIS SUBSECTION (3.5) SHALL BE ABLE TO MEET THE CONTRACTUAL REQUIREMENTS OF THE MANAGED CARE ORGANIZATION. THE REQUIREMENT OF THIS SUBSECTION (3.5) SHALL NOT APPLY TO A MANAGED CARE ORGANIZATION IN AREAS IN WHICH THE MANAGED CARE ORGANIZATION OPERATES ENTIRELY AS A GROUP MODEL HEALTH MAINTENANCE ORGANIZATION.

(c)  ANY DISPUTES BETWEEN A MANAGED CARE ORGANIZATION AND AN ESSENTIAL COMMUNITY PROVIDER THAT CANNOT BE RESOLVED THROUGH GOOD FAITH NEGOTIATIONS MAY BE RESOLVED THROUGH AN INFORMAL REVIEW BY THE STATE DEPARTMENT AT THE REQUEST OF ONE OF THE PARTIES, OR THROUGH THE STATE DEPARTMENT'S AGGRIEVED PROVIDER APPEAL PROCESS IN ACCORDANCE WITH SECTION 25.5­1­107 (2), C.R.S., IF REQUESTED BY ONE OF THE PARTIES.

(d)  IN SELECTING MANAGED CARE ORGANIZATIONS THROUGH COMPETITIVE BIDDING, THE STATE DEPARTMENT SHALL GIVE PREFERENCE TO THOSE MANAGED CARE ORGANIZATIONS THAT HAVE EXECUTED CONTRACTS FOR SERVICES WITH ONE OR MORE ESSENTIAL COMMUNITY PROVIDERS. IN SELECTING MANAGED CARE ORGANIZATIONS, THE STATE DEPARTMENT SHALL NOT PENALIZE A MANAGED CARE ORGANIZATION FOR PAYING COST­BASED REIMBURSEMENT TO FEDERALLY QUALIFIED HEALTH CENTERS AS DEFINED IN THE "SOCIAL SECURITY ACT".

Page 16, line 20, strike "eight" and substitute "three";


HB 98-1325


(Cont.)

line 21, strike "ten thousand two dollars ($1,810,002)" and substitute "fifty-seven thousand five hundred two dollars ($1,357,502)".".

State, After consideration on the merits, the committee recommends that SB 98-186 be

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

Affairs

Amend printed bill, page 2, line 21, strike "HOMES;" and substitute "HOMES INCLUDING, AS PART OF THE STUDY, EXPLORATION OF ALTERNATIVE UTILIZATION OF THE COLORADO STATE VETERANS NURSING HOME AT FLORENCE, COLORADO;".

Page 3, after line 8, insert the following:

"(4)  PRIOR TO OBTAINING A CONSTRUCTION GRANT FROM THE FEDERAL DEPARTMENT OF VETERANS AFFAIRS AND IN CONJUNCTION WITH THE REPORT REQUIRED PURSUANT TO SUBSECTION (3) OF THIS SECTION, THE STATE DEPARTMENT SHALL PRESENT A BUSINESS PLAN TO THE STATE, VETERANS, AND MILITARY AFFAIRS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, THE CAPITAL DEVELOPMENT COMMITTEE, AND THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY THAT IDENTIFIES POTENTIAL ALTERNATIVE SOURCES OF FUNDING THE REMAINING CONSTRUCTION COSTS, AS WELL AS START­UP COSTS NECESSARY FOR THE INITIAL OPERATION OF THE FACILITY.".

Renumber succeeding subsection accordingly.

State, After consideration on the merits, the committee recommends that HB 98-1159 be

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

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 2, line 5, strike "MORE, SUCH A WRITTEN" and substitute "MORE A WRITTEN NOTICE OF THE SETTLEMENT AGREEMENT SHALL BE PROVIDED TO THE EMPLOYER.";

strike lines 6 through 21.

MESSAGE FROM THE HOUSE

March 26, 1998

Mr. President:

The House has voted to concur in the Senate amendments to HB98-1008, 1018, 1021, 1039, 1079, 1086, 1103, 1105, 1110, 1131, 1179, 1204, 1235, 1243, 1309, 1323, and 1365 has repassed the bills as so amended.

The House has voted not to concur in the Senate amendments to HB98-1293 and requests that a conference committee be appointed. The Speaker has appointed Representatives Faatz, chairman, Pankey, and Clarke as House conferees on the First Conference Committee on HB98-1293. The bill is transmitted herewith.

The House has adopted and transmits herewith HJR98-1017, as printed in House Journal, March 13, pages 914-915.

The House has adopted and returns herewith SJR98-12.

APPOINTMENTS TO CONFERENCE COMMITTEE

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

The President appointed Senators Congrove, Chairman, Coffman and Hernandez as Senate Conferees on the First Conference Committee on HB No. 98-1293.





______________________________

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 Thursday, March 26, was laid over until Friday, March 27, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring Ben Lausten by Senator Blickensderfer and Representative Agler

Honoring Dean W. Smith by Senator Bishop and Representative Epps

Honoring Virginia L. Beemer by Senator Bishop and Representatives Smith and G. Berry

Honoring Erie High School Football Team by Senator Phillips

Honoring Erie High School Basketball Team Senator Phillips

Honoring James R. Ward by Senator Dennis

Honoring Matthew A. Hill by Senator Dennis

Honoring Kevin C. Brimhall by Senator Dennis

Honoring Gregory S. Cabiling by Senator Dennis

Honoring Chad R. Phillips by Senator Dennis

Memorializing Dave Rice by Senators Wattenberg, Ament, Bishop, Powers, Wham, Norton and Johnson and Representatives C. Berry and Taylor.

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

March 27, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate