This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

118th Legislative Day Monday, May 4, 1998


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

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn.

Roll Call Present--Total, 29.

Absent/Excused--Matsunaka, Norton, Wells--Total, 3.

Absent--Ament, Johnson, Lacy--Total, 3.

Present later--Ament, Johnson, Lacy, Matsunaka, Norton, Wells.

Quorum The President announced a quorum present.

Reading of On motion of Senator Congrove, reading of the Journal of May 1st was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly enrolled: SB 98-26, 74, 76, 159.

Services

Correctly engrossed: SB 98-186; SCR 98-4, 10.

Correctly revised: HB 98-1011, 1075, 1191.

SIGNING OF BILLS

The President has signed: SB 98-8, 26, 74, 76, 159.

SIGNING OF RESOLUTION

The President has signed: HJR98-1031.

COMMITTEE OF REFERENCE REPORTS

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

Government postponed indefinitely: HB 98-1326

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

Environment, referred favorably to the Committee of the Whole: HB 98-1004

Welfare and

Institutions

Health, After consideration on the merits, the committee recommends that the following be Environment, referred favorably to the Senate for final action: SJR 98-31

Welfare and

Institutions

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

Environment, postponed indefinitely: SCR 98-7

Welfare and

Institutions

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

Environment, referred favorably to the Committee of the Whole: HCR 98-1008

Welfare and

Institutions

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

BANKING BOARD

for terms expiring July 1, 2001:

William A. Mitchell, Jr., of Littleton, Colorado, to serve as an executive officer of an industrial bank from the Fifth Congressional District and as a Republican, reappointed.

State, After consideration on the merits, the committee recommends that HB 98-1419 be

Veterans, amended as follows and, as so amended, be referred to the Committee on Appropriations

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 15, strike lines 2 through 26 and insert the following:

"24­50­504.6.  Managerial accounting software.  THE STATE PERSONNEL DIRECTOR OR THE DIRECTOR'S DESIGNEE, IN CONSULTATION AND COOPERATION WITH THE COMMISSION ON INFORMATION MANAGEMENT AND THE STATE CONTROLLER OR THE CONTROLLER'S DESIGNEE, SHALL INVESTIGATE, IDENTIFY, AND OVERSEE THE ACQUISITION OF COMPUTER SOFTWARE THAT BEST ENABLES STATE AGENCIES TO DETERMINE THEIR PER­UNIT COSTS FOR PROVIDING GOODS AND SERVICES. THE PURPOSE OF DETERMINING PER­UNIT COSTS SHALL BE TO MORE EASILY COMPARE STATE AGENCY COSTS TO THE COSTS OF PROVIDING THE SAME GOODS AND SERVICES THROUGH THE PRIVATE SECTOR FOR PURPOSES OF IMPLEMENTING MANAGED COMPETITION PURSUANT TO SECTION 24­50­504.5.".

Page 16, strike lines 1 through 3;

line 7, strike "ELEVEN" and substitute "NINE";

strike line 9 and substitute the following:

"(a)  THREE MEMBERS APPOINTED BY THE GOVERNOR, NO MORE THAN WO OF WHOM ARE MEMBERS OF THE SAME MAJOR POLITICAL PARTY, AS DEFINED IN SECTION 1­1­104 (22), C.R.S.;";

line 12, strike "APPOINTED BY" and substitute "OF";

line 13, strike "EMPLOYEES;" and substitute "EMPLOYEES APPOINTED BY THE GOVERNOR;";

line 14, strike "APPOINTED BY" and substitute "OF";

line 15, strike "EMPLOYEES;" and substitute "EMPLOYEES APPOINTED BY THE GOVERNOR;";

line 16, strike "APPOINTED BY" and substitute "OF";

line 17, strike "EMPLOYEES;" and substitute "EMPLOYEES APPOINTED BY THE GOVERNOR;";

line 18, strike "APPOINTED BY THE COLORADO" and substitute "OF THE COLORADO STATE";

line 19, strike "ASSOCIATION;" and substitute "ASSOCIATION APPOINTED BY THE GOVERNOR;".

Page 17, line 1, strike "TWO OF THE FIVE" and substitute "ONE OF THE THREE";

line 2, strike "APPOINTED BY" and substitute "OF";

line 4, strike "APPOINTED BY THE COLORADO" and substitute "OF THE COLORADO STATE".

Page 19, line 18, strike "FUNCTIONS; AND" and substitute "FUNCTIONS;";

line 22, strike "GOVERNMENT." and substitute "GOVERNMENT; AND";

after line 22, insert the following:

"(I) TO DEVELOP GUIDELINES FOR THE ACCOUNTING METHODOLOGY THAT WILL BE APPLIED IF CERTAIN GOVERNMENTAL FUNCTIONS ARE PRIVATIZED AND FOR THE IMPLEMENTATION OF MANAGERIAL COST ACCOUNTING.";

strike lines 24 through 26 and substitute the following:

"SECTION 3.  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 personnel, for the fiscal year beginning July 1, 1998, the sum of thirty-four thousand five hundred seventy-one dollars ($34,571), or so much thereof as may be necessary, for the implementation of this act.

SECTION 4.  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 page 20.

Page 1, line 101, strike "EFFICIENCY." and substitute "EFFICIENCY, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

INTRODUCTION OF RESOLUTION

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

SJR 98-34 by Senator Martinez; also Representative George--Concerning the removal of the words "Sand Creek" from the civil war memorial located on the grounds of the state capitol.

Capitol Development Committee

MESSAGES FROM THE HOUSE

May 1, 1998

Mr. President:

The House has postponed indefinitely SB98-195. The bill is returned herewith.

The House has voted to concur in the Senate amendments to HB98-1068, 1213, 1267, 1307 and 1380 and has repassed the bills as so amended.

The House has adopted and returns herewith SJR98-23, amended as printed in House Journal, May 1.

The House has adopted and returns herewith SJR98-19 and 30.

May 1, 1998

Mr. President:

The House has voted not to concur in the Senate amendments to HB98-1231 and requests that a conference committee be appointed. The Speaker has appointed Representatives Tool, chairman, Kaufman, and Saliman as House conferees on the First Conference Committee on HB98-1231. The bill is transmitted herewith.

May 1, 1998

Mr. President:

The House has adopted the First Report of the First Conference Committee on HB98-1256, as printed in House Journal, May 1, and has repassed the bill as amended.

APPOINTMENTS TO CONFERENCE COMMITTEE

HB 98-1385 by Rep. Owen; Senator Blickensderfer--Catchment Areas For Juvenile Facilities

The President pro tem appointed Senators Blickensderfer, Chairman, Wham and Perlmutter as Senate Conferees on the First Conference Committee on HB 98-1385.

Call of Call of Senate.

Senate

Call Raised.

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS

SB 98-30 by Sen. Thiebaut; Representative Swenson--High­Occupancy Vehicle Lanes

Senator Thiebaut moved that the Senate not concur in House amendments to SB 98-30, as printed in House Journal, April 27, page 1520, 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 pro tem appointed Senators Mutzebaugh, Chairman, Powers and Thiebaut as Senate Conferees on the First Conference Committee on SB 98-30.

SB 98-25 by Sen. Rizzuto; Rep. Owen--Alcohol & Drug Driving Safety Program

Senator Rizzuto moved that the Senate concur in House amendments to SB 98-25, as printed in House Journal, April 21, page 1406. 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
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
E

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
Schroeder
Y

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
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
E

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
Schroeder
Y

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

SB 98-4 by Sen. Norton; Rep. G. Berry--Apply Clean Air Rules To Public Property

Senator Norton moved that the Senate concur in House amendments to SB 98-4, as printed in House Journal, April 28, page 1554. 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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
Schroeder
Y

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


YES 24

NO 10

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
N

Ament
Y
Hernandez
N
Pascoe
N
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
N
Thiebaut
N

Bishop
YY
Johnson
Y
Phillips
N
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
N
Wells
Y

Coffman
Y
Linkhart
N
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
N
Rupert
N
Mr. President
Y

Dennis
Y
Matsunaka
E
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: Hopper, Tebedo.

SB 98-21 by Sen. Hernandez; Rep. Mace--Vehicular Homicide Penalty

Senator Hernandez moved that the Senate concur in House amendments to SB 98-21, as printed in House Journal, April 28, pages 1545-1546. 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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
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: Hopper, Powers.

SB 98-139 by Sen. Wells; Rep. Adkins--Child Support Obligations

Senator Wells moved that the Senate concur in House amendments to SB 98-139, as printed in House Journal, April 28, pages 1546-1548. 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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
Schroeder
Y

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

SB 98-152 by Sen. Wattenberg; Rep. George--Study Electric Utility Restructuring

Senator Wattenberg moved that the Senate concur in House amendments to SB 98-152, as printed in House Journal, April 28, pages 1548-1552 and as amended as printed in House Journal, April 29, pages 1571-1572 . The motion was adopted by the following roll call vote:


YES 31

NO 3

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
Y
Lacy
Y
Powers
N
Weddig
Y

Chlouber
Y
Lamborn
N
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
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
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
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
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: Weddig

SB 98-158 by Sen. Phillips; Rep. Tool--Child Care Expenses Tax Credits

Senator Phillips moved that the Senate concur in House amendments to SB 98-158, as printed in House Journal, April 28, page 1552. 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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
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: Reeves, Rizzuto, Rupert, Tanner.

SB 98-167 by Sen. Feeley; Rep. Snyder--Gulf War Syndrome Registry

Senator Feeley moved that the Senate concur in House amendments to SB 98-167, as printed in House Journal, April 28, pages 1552-1553. The motion was adopted by the following roll call vote:


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
Y
Hopper
Y
Perlmutter
N
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
N
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
N
Linkhart
Y
Rizzuto
N
Wham
Y

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
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: Congrove, Lamborn, Perlmutter, Powers, Rizzuto, Schroeder, Weddig.

SB 98-180 by Sen. Schroeder; Rep. Adkins--Continued Implementation Of CICJS

Senator Schroeder moved that the Senate concur in House amendments to SB 98-180, as printed in House Journal, April 28, page 1553. 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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
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: Alexander, Dennis, Hopper, Wham.

SB 98-185 by Sen. Rizzuto; Rep. Owen--Maintenance Of Effort

Senator Rizzuto moved that the Senate concur in House amendments to SB 98-185, as printed in House Journal, April 29, page 1582. 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
N
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
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
N
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
Schroeder
Y

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

SB 98-190 by Sen. Matsunaka; Rep. Kreutz--Revisor's Bill

Laid over until later in the day, Monday, May 4, retaining its place on the calendar.

SB 98-154 by Sen. Linkhart; Rep. Alexander--Child Care Tax Credit

Senator Linkhart moved that the Senate concur in House amendments to SB 98-154, as printed in House Journal, April 28, pages 1544-1545 and as amended as printed in House Journal, April 30, pages 1648-1649. 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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
Schroeder
Y

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


YES 30

NO 4

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
N
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
N
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
Schroeder
N

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

Co-sponsors added: Martinez, Pascoe, Perlmutter, Reeves.

SB 98-177 by Sen. Lacy; Rep. Grampsas--PUC Telecom High Cost Fund Admin

Senator Lacy moved that the Senate concur in House amendments to SB 98-177, as printed in House Journal, April 28, page 1553, and as amended as printed in House Journal, April 29, pages 1574-1575. 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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
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
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
N
Reeves
Y
Wells
Y

Coffman
N
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
Schroeder
Y

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

SB 98-109 by Sen. Wells; Rep. Grossman--COLS Recommendations On Rules

Senator Wells moved that the Senate not concur in House amendments to SB 98-109, as printed in House Journal, April 21, pages 1407-1408, 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 pro tem appointed Senators Wells, Chairman, Wattenberg and Perlmutter as Senate Conferees on the First Conference Committee on SB 98-109.

Senator Wells moved that the Senate Conferees on the First Conference Committee on SB 98-109 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.

APPOINTMENTS TO CONFERENCE COMMITTEE

HB 98-1231 by Rep. Tool; Senator J. Johnson--School District Capital Construction

The President pro tem appointed Senators Wham, Chairman, Alexander and Johnson as Senate Conferees on the First Conference Committee on HB 98-1231.

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

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

Whole as Chairman.

GENERAL ORDERS--SECOND READING OF BILLS

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

HB 98-1063 by Rep. Keller; Senator Coffman--Disabled Veteran Plates Eligibility

Amendment No. 1, by Senator Coffman

Amend reengrossed bill, page 4, strike lines 11 through 20 and substitute the following:

"SECTION 4.  Adjustment to 1998 long bill - transfer of funds. (1)  For the implementation of this act, the appropriation made in the annual general appropriation act for the fiscal year beginning July 1, 1998, to the department of education, public school finance, total program, is increased by fifty-three thousand three hundred twenty dollars ($53,320). Said sum shall come from cash funds exempt in the schools of choice fund created in section 22-36-105, Colorado Revised Statutes.

(2)  For the implementation of this act, on July 1, 1998, the state treasurer shall transfer fifty-seven thousand dollars ($57,000) from the schools of choice fund to the highway users tax fund.

(3)  The appropriation and transfer of moneys from the schools of choice fund made in this section shall be made notwithstanding the provisions of section 22-36-105 that specify how the moneys in the fund may be used.".

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

HB 98-1411 by Rep. McElhany; Sen. Powers--Olympic Committee Special Plates

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 27, page 975.)

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

SCR 98-1 by Sen. Chlouber; Rep. Kaufman--State Constitution Right of Privacy

SCR 98-1 was laid on the table.

HB 98-1137 by Rep. Kreutz; Senator Coffman--Transfer Of TANF Funds

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

(Printed in Senate Journal, April 19, page 503.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 27, pages 988-990.)

Amendment No. 3, by Senator Rizzuto

Strike the Appropriations Committee amendment, as printed in Senate Journal, April 27, page 988, lines 59 through 72, page 989, and page 990, lines 1 through 23.

Strike the Health, Environment, Welfare and Institutions Committee amendment, as printed in Senate Journal, March 19, page 503, lines 11 through 22, and substitute the following:

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

"SECTION 1.  26­2­714, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

26­2­714.  County block grants formula ­ use of moneys. (8) (a)  FOR STATE FISCAL YEAR 1997­98, AND FOR EACH STATE FISCAL YEAR THEREAFTER, A COUNTY MAY MAKE TRANSFERS TO PROGRAMS FUNDED BY TITLE XX OF THE FEDERAL SOCIAL SECURITY ACT PURSUANT TO THIS SECTION. THE AMOUNT THAT A COUNTY MAY TRANSFER SHALL NOT EXCEED TEN PERCENT OF THAT PORTION OF THE COUNTY BLOCK GRANT FOR THAT STATE FISCAL YEAR, AS SPECIFIED IN SUBSECTION (1) OF THIS SECTION, THAT IS DESIGNATED AS FEDERAL FUNDS AND THAT IS SPECIFIED BY THE STATE DEPARTMENT AS BEING AVAILABLE FOR TRANSFER WITHIN THE LIMITATION IMPOSED BY THE FEDERAL LAW ON TRANSFERS OF FEDERAL FUNDS FROM THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT TO PROGRAMS FUNDED BY TITLE XX OF THE FEDERAL SOCIAL SECURITY ACT.

(b)  A COUNTY MAY MAKE THE TRANSFER AUTHORIZED BY PARAGRAPH (a) OF THIS SUBSECTION (8) ONLY FOR EXPENDITURES THAT ARE ALLOWABLE UNDER PROGRAMS FUNDED BY TITLE XX OF THE FEDERAL SOCIAL SECURITY ACT, SUBJECT TO THE FOLLOWING PROVISIONS:

(I)  IF THE FUNDS TRANSFERRED ARE USED FOR THE PROVISION OF CHILD WELFARE SERVICES AS DEFINED IN SECTION 26­5­101 (3), THE COUNTY MAY ONLY MAKE THE TRANSFER:

(A)  AFTER THE COUNTY HAS MADE ALLOWABLE EXPENDITURES OF ALL FUNDS IN THE COUNTY'S CAPPED OR TARGETED ALLOCATION OR ALLOCATIONS FOR CHILD WELFARE SERVICES, OTHER THAN FOR CORE SERVICES AS REFERRED TO IN SECTION 26­5­101 (3) (f); AND

(B)  FOR THE EXPENDITURES FOR CHILD WELFARE SERVICES OTHER THAN OUT­OF­HOME PLACEMENT SERVICES AS DESCRIBED IN SECTION 26­5­101 (3) (i).

(II)  A COUNTY SHALL NOT BE REQUIRED TO APPROPRIATE FUNDS TO PROVIDE A COUNTY MATCH PURSUANT TO THE PROVISIONS OF SECTION 26­1­122 FOR ANY FUNDS TRANSFERRED PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (8).

(III)  A COUNTY SHALL NOT BE AUTHORIZED TO USE FUNDS TRANSFERRED PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (8) FOR THE PURPOSE OF SUPPLANTING FUNDS THAT:

(A)  THE COUNTY WOULD OTHERWISE BE REQUIRED TO APPROPRIATE PURSUANT TO SECTION 26­1­122 IN ORDER TO PROVIDE A COUNTY MATCH FOR PUBLIC ASSISTANCE PROGRAMS; OR

(B)  THE COUNTY WOULD OTHERWISE APPROPRIATE IN ORDER TO CONTINUE THE PROVISION OF SERVICES UNDER A PROGRAM OF PUBLIC ASSISTANCE ADMINISTERED WITH COUNTY ONLY FUNDS IN THE PRIOR FISCAL YEAR.

(c)  THE STATE BOARD SHALL PROMULGATE RULES GOVERNING PROCEDURES FOR TRANSFERS AUTHORIZED PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (8).

SECTION 2.  26­5­101 (1) and (2), Colorado Revised Statutes, are amended, and the said 26­5­101 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

26­5­101.  Definitions. As used in this article, unless the context otherwise requires:

(1)  "Capped allocation" means a capped amount of funds distributed to counties or a group of counties for the purpose of providing ALL OR A PORTION OF THE child welfare services as defined in subsection (3) of this section.

(1.5)  "CASELOAD" MEANS THE NUMBER OF CHILDREN WHO ARE ELIGIBLE FOR CHILD WELFARE SERVICES THAT ARE DEFINED IN SUBSECTION (3) OF THIS SECTION AND WHO ARE CURRENTLY RECEIVING SUCH CHILD WELFARE SERVICES ON A REGULAR BASIS FROM A COUNTY.

(2)  "Child welfare allocations committee" means a committee that consists of four county commissioners appointed by a statewide association of counties and four members appointed by the state department, which committee shall develop its own organizational rules IS ORGANIZED AND AUTHORIZED PURSUANT TO THE PROVISIONS OF SECTION 26­5­103.5.

SECTION 3. 26­5­102, Colorado Revised Statutes, is amended to read:

26­5­102. Provision of child welfare services. (1) The state department shall adopt rules and regulations to establish a program of child welfare services, administered by the state department or supervised by the state department and administered by the county departments, and, where applicable, in accordance with the conditions accompanying available federal funds for such purpose. Said THE rules and regulations shall establish a fee based upon the child support guidelines set forth in section 14­10­115, C.R.S., requiring those persons legally responsible for the child to pay for all or a portion of the services provided under this article. THE STATE DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE RELATING TO THE ALLOCATION OF FUNDS TO COUNTIES FOR THE DELIVERY OF CHILD WELFARE SERVICES. Upon appropriate request and within available appropriations, child welfare services shall be provided for any child residing or present in the state of Colorado who is in need of such services.

(2) Foster care fees shall be considered child support obligations, and all remedies for the enforcement and collection of child support shall apply. Foster care fees established pursuant to section 14­10­115, C.R.S., may be collected pursuant to the administrative procedures to establish child support enforcement set forth in article 13.5 of this title. Due process is guaranteed in all actions regarding any such administrative process concerning foster care fees, and a court hearing of the matter before the district court may be obtained in the manner prescribed in section 26­13.5­105. Nothing contained in article 13.5 of this title shall be construed to deprive a court of competent jurisdiction from determining the duty of support of any obligor against whom an administrative order is issued pursuant to this article.

SECTION 4.  Article 5 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

26­5­103.5.  Child welfare allocations committee ­ organization ­ advisory duties. (1)  A CHILD WELFARE ALLOCATIONS COMMITTEE SHALL BE CONVENED BY THE STATE DEPARTMENT AS NECESSARY IN ORDER TO MAKE ADVISORY RECOMMENDATIONS AS DESCRIBED IN THIS ARTICLE.

(2)  THE CHILD WELFARE ALLOCATIONS COMMITTEE SHALL CONSIST OF EIGHT MEMBERS, FOUR OF WHOM SHALL BE APPOINTED BY A STATEWIDE ASSOCIATION OF COUNTIES AND FOUR OF WHOM SHALL BE APPOINTED BY THE STATE DEPARTMENT. THE APPOINTING AUTHORITIES SHALL CONSULT WITH EACH OTHER TO ENSURE THAT THE CHILD WELFARE ALLOCATIONS COMMITTEE IS REPRESENTATIVE OF THE COUNTIES IN THE STATE. IF A STATEWIDE ASSOCIATION OF COUNTIES DOES NOT APPOINT A REPRESENTATIVE FROM THE COUNTY THAT HAS THE GREATEST PERCENTAGE OF THE STATE'S CHILD WELFARE CASELOAD, THE STATE DEPARTMENT SHALL APPOINT SUCH A REPRESENTATIVE FROM SUCH COUNTY.

(3)  THE CHILD WELFARE ALLOCATIONS COMMITTEE SHALL DEVELOP ITS OWN OPERATING PROCEDURES.

(4) NO LATER THAN JANUARY 15, 1999, THE STATE DEPARTMENT, WITH INPUT FROM THE CHILD WELFARE ALLOCATIONS COMMITTEE, SHALL MAKE RECOMMENDATIONS TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY FOR A DEFINITION OF WHAT SHALL CONSTITUTE ADMINISTRATION AND SUPPORT FUNCTIONS AS REFERRED TO IN SECTION 26­5­101 (3) (m) AND A METHOD FOR IDENTIFYING COSTS FOR SUCH FUNCTIONS.

SECTION 5. 26­5­104 (1), (3), and (4), Colorado Revised Statutes, are amended, and the said 26­5­104 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

26­5­104. Funding of child welfare services. (1) Reimbursement. The state department shall, within the limits of available appropriations, reimburse the county departments eighty percent of amounts expended by county departments for child welfare services, up to the amount of the county's allocation as determined pursuant to the provisions of this section, EXCEPT AS OTHERWISE AUTHORIZED IN ACCORDANCE WITH THE CLOSE­OUT PROCESS DESCRIBED IN SUBSECTION (7) OF THIS SECTION.

(3) Allocation formula. (a)  For state fiscal year 1997­98, AND FOR EACH STATE FISCAL YEAR THEREAFTER, the state department, after input from the child welfare allocations committee, shall develop formulas for capped and targeted allocations that take into account such factors as: THAT SHALL INCLUDE THE ESTIMATED CASELOAD FOR THE DELIVERY OF THOSE SPECIFIC CHILD WELFARE SERVICES TO BE FUNDED BY THE MONEYS IN SUCH CAPPED OR TARGETED ALLOCATIONS. IF A COUNTY RECEIVES MORE THAN ONE CAPPED OR TARGETED ALLOCATION FOR THE DELIVERY OF CHILD WELFARE SERVICES, THE FORMULA SHALL IDENTIFY THE SPECIFIC CASELOAD ESTIMATE ATTRIBUTABLE TO EACH CAPPED OR TARGETED ALLOCATION. THE DETERMINATION OF THE FORMULAS PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (3) SHALL ALSO TAKE INTO CONSIDERATION SUCH FACTORS AS:

(I)  County spending on child welfare services in calendar year 1996;

(II)  The county's allocations and expenditures for child welfare services in state fiscal years 1995­96, 1994­95, and 1993­94 and a comparison of the spending in those prior years with the caseloads in the respective prior state fiscal years; AND

(III)  The county's current child welfare caseload; and

(IV)  Other factors determined by the state department and the child welfare allocations committee that directly affect the population of children in need of child welfare services in a county.

(b)  In the event that the state department and the child welfare allocations committee do not reach an agreement on the allocation formula on or before June 15, 1997, JUNE 15 OF ANY STATE FISCAL YEAR FOR THE SUCCEEDING STATE FISCAL YEAR, the state department and the CHILD WELFARE ALLOCATIONS committee shall submit alternatives to the joint budget committee of the general assembly from which such joint budget committee shall select an allocation formula before July 1, 1997 THE BEGINNING OF SUCH SUCCEEDING STATE FISCAL YEAR.

(c)  The formulas developed by the state department, after input from the child welfare allocations committee, shall identify the portion of the amounts appropriated for child welfare services that shall be allocated to the counties for the provision of child welfare services.

(d)  A COUNTY'S ELECTION TO MAKE A TRANSFER OF FEDERAL FUNDS PURSUANT TO SECTION 26­2­714 (8) FOR THE PROVISION OF CHILD WELFARE SERVICES SHALL NOT BE THE BASIS OF AN ADJUSTMENT TO THE FORMULA FOR DEVELOPING SUCH COUNTY'S CAPPED OR TARGETED ALLOCATION UNDER THE PROVISIONS OF THIS ARTICLE 5.

(4)  Allocations. (a)  For state fiscal year 1997­98, and FOR EACH STATE FISCAL YEAR thereafter, all counties shall receive capped allocations for child welfare services. A COUNTY MAY RECEIVE ONE OR MORE CAPPED ALLOCATIONS FOR THE PROVISION OF CHILD WELFARE SERVICES. The counties may use capped allocation moneys for child welfare services without category restriction WITHIN A SPECIFIC CAPPED ALLOCATION if not prohibited by federal law.

(b) (I)  The state department shall make capped allocations for counties serving at least eighty percent of the total child welfare services population.

(II)  For the balance of the state, the state department shall create one capped allocation OR A SERIES OF CAPPED ALLOCATIONS FOR THE PROVISION OF CHILD WELFARE SERVICES IN THE BALANCE OF THE STATE. The state department shall establish a targeted allocation for each county in such group of counties designated for the purpose of such capped allocation OR CAPPED ALLOCATIONS.

(c)  The state department, in consultation with the child welfare allocations committee, shall adopt rules for when a county may exceed its capped or targeted allocation OR ALLOCATIONS.

(d)  The state department may only seek additional funding from the general assembly in a supplemental appropriations bill based upon caseload growth, SUBJECT TO THE PROVISIONS OF SUBSECTION (7) OF THIS SECTION, or changes in federal law or federal funding.

(e)  A county's allocation OR ALLOCATIONS may be amended due to caseload growth, SUBJECT TO THE PROVISIONS OF SUBSECTION (7) OF THIS SECTION, or changes in federal law or federal funding.

(7) Close­out process for county allocations.  (a)  FOR STATE FISCAL YEAR 1999­2000, AND FOR EACH STATE FISCAL YEAR THEREAFTER, AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SUBSECTION (7), THE STATE DEPARTMENT MAY, AT THE END OF A STATE FISCAL YEAR BASED UPON THE RECOMMENDATIONS OF THE CHILD WELFARE ALLOCATIONS COMMITTEE, ALLOCATE ANY UNEXPENDED CAPPED FUNDS FOR THE DELIVERY OF SPECIFIC CHILD WELFARE SERVICES TO ANY ONE OR MORE COUNTIES WHOSE SPENDING HAS EXCEEDED A CAPPED ALLOCATION FOR SUCH SPECIFIC CHILD WELFARE SERVICES.

(b) A COUNTY MAY ONLY RECEIVE FUNDS PURSUANT TO THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (7) IF THE REQUIREMENTS OF SECTION 26­5­103.5 (4) HAVE BEEN SATISFIED, FOR EXPENDITURES OTHER THAN THOSE ATTRIBUTABLE TO ADMINISTRATIVE AND SUPPORT FUNCTIONS AS REFERRED TO IN SECTION 26­5­101 (3) (m), AS DEFINED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 26­5­103.5 (4), AND FOR AUTHORIZED EXPENDITURES ATTRIBUTABLE TO CASELOAD INCREASES BEYOND THE CASELOAD ESTIMATE ESTABLISHED PURSUANT TO SUBSECTION (3) OF THIS SECTION FOR A SPECIFIC CAPPED ALLOCATION.

(c) A COUNTY MAY NOT RECEIVE FUNDS PURSUANT TO THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (7) FOR AUTHORIZED EXPENDITURES ATTRIBUTABLE TO CASELOAD INCREASES FOR SERVICES IN ONE CAPPED ALLOCATION FROM UNEXPENDED CAPPED FUNDS IN ANOTHER CAPPED ALLOCATION.

(d) AS USED IN THIS SECTION, "UNEXPENDED CAPPED FUNDS" MEANS FUNDS THAT HAVE BEEN APPROPRIATED FOR CHILD WELFARE SERVICES, ALLOCATED TO A COUNTY OR GROUP OF COUNTIES AS A CAPPED ALLOCATION OR ALLOCATIONS PURSUANT TO THE PROVISIONS OF SUBSECTION (4) OF THIS SECTION, BUT NOT SPENT BY SUCH COUNTY OR GROUP OF COUNTIES OR SUBJECT TO THE PROVISIONS OF SECTION 26­5­105.5 (3).

SECTION 6.  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.".".

Amendment No. 4, by Senator Rizzuto

Amend the Rizzuto floor amendment number, as printed in Senate Journal, May 4, page 1125, line 2, strike "INCLUDE" and substitute "INCLUDE, EFFECTIVE FOR STATE FISCAL YEAR 1998-1999,";

strike lines 42 and 43 and substitute the following:

A(I)  County spending on child welfare services in calendar year 1996;";

strike line 46, and substitute the following:

Aservices in THE THREE PREVIOUS state fiscal years 1995­96, 1994­95, and 1993­94 and a".

Page 1126, line 37, strike "1999-2000" and substitute "1998-1999".

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

HB 98-1070 by Rep. Taylor; Sen. Wattenberg--Temporary Motor Vehicle Registration

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, April 29, page 1042.)

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

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Congrove, 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 98-1063 as amended, 98-1411 as amended, 98-1137 as amended, 98-1070 as amended, declared passed on Second Reading.

SCR 98-1, laid on the table.

______________________________

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 Third Reading and Final Passage of SB 98-186.

______________________________

THIRD READING OF BILL--FINAL PASSAGE

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

SB 98-186 by Sen. Alexander; Rep. Epps--Proposed Fitzsimons Veterans Home

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


YES 35

NO 0

EXCUSED 0

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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

Co-sponsors added: Bishop, Feeley, Hernandez, Hopper, Johnson, Lamborn, Martinez, Matsunaka, Mutzebaugh, Norton, Pascoe, Perlmutter, Phillips, Rupert, Schroeder, Weddig, Wells.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

MESSAGE FROM THE HOUSE

May 4, 1998

Mr. President:

The House has passed on Third Reading and returns herewith SB98-193.

The House has passed on Third Reading and transmitted to the Revisor of Statutes

HB98-1416, amended as printed in House Journal, April 30, pages 1614-1617;

SB98-179, amended as printed in House Journal, May 1, page 1673.

The House has adopted the First Report of the First Conference Committee on HB98-1012, as printed in House Journal, May 1, page 1668, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB98-1171, as printed in House Journal, May 1, page 1668, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB98-1200, as printed in House Journal, May 1, page 1669, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB98-1224, as printed in House Journal, May 1, pages 1669-1672, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB98-1335, as printed in House Journal, May 1, pages 1672-1673, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on SB98-107, as printed in House Journal, May 1, page 1677, and has repassed the bill as so amended. The bill is returned herewith.

On reconsideration the House has voted not to concur in Senate amendments to HB98-1266, and requests that a conference committee be appointed. The Speaker has appointed Representatives Taylor, chairman, and McElhany, and Miller as House conferees on the First Conference Committee on HB98-1266. The bill is transmitted herewith.

In response to the request of the Senate, the Speaker has appointed Representatives Swenson, chairman, Spradley, and Veiga as House conferees on the First Conference Committee on SB98-030

In response to the request of the Senate, the Speaker has appointed Representatives Kaufman, chairman, Kreutz and Grossman as House conferees on the First Conference Committee on SB98-109.






MESSAGE FROM THE REVISOR

May 4, 1998

We herewith transmit:

without comment, as amended, HB98-1416 and SB98-179.


FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB 98-107

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

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 SB 98-107, concerning expeditious access to medical treatment for persons who are covered by insurance, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 2, strike lines 5 through 14 and substitute the following:

"10­16­122.  Access to prescription drugs. (1)  EXCEPT AS PROVIDED IN SECTION 26­4­115 (2) (s), C.R.S., ANY PHARMACY BENEFIT MANAGEMENT FIRM OR INTERMEDIARY WHOSE CONTRACT WITH A CARRIER, AS DEFINED IN SECTION 10­16­102 (8), INCLUDES AN OPEN NETWORK SHALL ALLOW PARTICIPATION BY EACH PHARMACY PROVIDER IN THE CONTRACT SERVICE AREA. IF A PHARMACY BENEFIT MANAGEMENT FIRM OR INTERMEDIARY OFFERS AN OPEN NETWORK, THE PHARMACY BENEFIT MANAGEMENT FIRM OR INTERMEDIARY MAY OFFER SUCH NETWORK ON A REGIONAL OR LOCAL BASIS.

(2)  FOR PURPOSES OF THIS SECTION, "OPEN NETWORK" MEANS ANY PHARMACY NETWORK CREATED BY A PHARMACY BENEFIT MANAGEMENT FIRM OR INTERMEDIARY THROUGH A CONTRACTING PROCESS WITH PHARMACY PROVIDERS THAT DOES NOT INCLUDE COMPETITIVE BIDDING AND ALLOWS PARTICIPATION BY ANY PHARMACY PROVIDER THAT AGREES TO THE TERMS AND CONDITIONS OF THE CONTRACT OFFERED BY THE PHARMACY BENEFIT MANAGEMENT FIRM OR INTERMEDIARY.

(3)  A PHARMACY BENEFIT MANAGEMENT FIRM OR INTERMEDIARY SHALL NOT BE PROHIBITED FROM CONTRACTING WITH EXCLUSIVE PHARMACY NETWORKS IF, SIXTY DAYS BEFORE THE TERMINATION OR EFFECTIVE DATE OF AN EXCLUSIVE PHARMACY NETWORK CONTRACT BETWEEN THE PHARMACY PROVIDERS AND THE PHARMACY BENEFIT MANAGEMENT FIRM OR INTERMEDIARY, NOTICE OF SUCH TERMINATION OR OF THE EFFECTIVE DATE OF AN EXCLUSIVE PHARMACY NETWORK CONTRACT IS PUBLISHED IN ONE OR MORE NEWSPAPERS OF GENERAL CIRCULATION IN THE AFFECTED CONTRACT SERVICE AREA. NOTICE SHALL INCLUDE INFORMATION ABOUT WHERE IN COLORADO A COPY OF THE PHARMACY PROVIDER SELECTION CRITERIA MAY BE OBTAINED.".

Respectfully submitted,

Senate Committee: House Committee:

(Signed) (Signed)

Sen. Dave Wattenberg, Chair Rep. Lewis H. Entz, Chair

Sen. Ginette Dennis Rep. Lola Spradley

Sen. Stan Matsunaka Rep. Penfield Tate III

APPOINTMENTS TO CONFERENCE COMMITTEE

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

The President appointed Senators Coffman, Chairman, Congrove and Matsunaka as Senate Conferees on the First Conference Committee on HB 98-1266.

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 98-1001 by Rep. May; Senator Mutzebaugh--Transportation

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

Third Reading Amendment No. 1, by Senator Mutzebaugh

Strike the Mutzebaugh floor amendment number as printed in Senate Journal, May 1, page 1110, lines 4-72 and page 1111, lines 1-27.

The amendment was declared passed by the following roll call vote:


YES 25

NO 9

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
NE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
N

Arnold
N
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
N

Blickensderfer
N
Lacy
Y
Powers
N
Weddig
Y

Chlouber
Y
Lamborn
N
Reeves
Y
Wells
E

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
N

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
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
E

Coffman
Y
Linkhart
N
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 PASSED.

Co-sponsors added: Norton, Powers.

HB 98-1011 by Rep. Entz; Senator Dennis--Replacement Of Groundwater Depletions

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


YES 22

NO 12

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
N
Tanner
Y

Ament
N
Hernandez
Y
Pascoe
Y
Tebedo
N

Arnold
N
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
N
Lacy
N
Powers
N
Weddig
N

Chlouber
Y
Lamborn
N
Reeves
Y
Wells
E

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
N

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, Feeley, Hernandez, Matsunaka, Phillips, Rupert, Thiebaut, Wattenberg.

IMMEDIATE RECONSIDERATION OF HB 98-1011

HB 98-1011 by Rep. Entz; Senator Dennis--Replacement Of Groundwater Depletions

Having voted on the prevailing side, Senator Dennis moved for the immediate reconsideration of HB 98-1011.

The motion was declared lost by the following roll call vote:


YES 11

NO 23

EXCUSED 1

ABSENT 0

Alexander
N
Feeley
N
Mutzebaugh
YE
Tanner
N

Ament
Y
Hernandez
N
Pascoe
N
Tebedo
N

Arnold
Y
Hopper
N
Perlmutter
N
Thiebaut
N

Bishop
NY
Johnson
N
Phillips
N
Wattenberg
N

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
N
Lamborn
Y
Reeves
N
Wells
E

Coffman
N
Linkhart
N
Rizzuto
N
Wham
Y

Congrove
Y
Martinez
N
Rupert
N
Mr. President
N

Dennis
N
Matsunaka
N
Schroeder
Y

THIRD READING OF BILLS--FINAL PASSAGE (CONT.)

On Third Reading, the titles of the following bills were publicly read, the reading at length having been dispensed with by unanimous consent:

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

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


YES 29

NO 6

EXCUSED 0

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
N
Johnson
Y
Phillips
Y
Wattenberg
N

Blickensderfer
N
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
N
Lamborn
Y
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.

SCR 98-10 by Sen. Bishop; Rep. Smith--Concerning State Cash Funds

Call of Call of Senate.

Senate

Call Raised.

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


YES 26

NO 9

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
N
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
N

Arnold
N
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
N
Lacy
N
Powers
N
Weddig
Y

Chlouber
Y
Lamborn
N
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 Constitutional two-thirds majority of all members elected to the Senate having voted in the affirmative, the concurrent resolution was declared PASSED.

Co-sponsors added: Hernandez, Hopper, Johnson, Linkhart, Rupert, Weddig

SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AN AMENDMENT TO SECTION 20 OF ARTICLE X OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING STATE CASH FUNDS, AND, IN CONNECTION THEREWITH, MODIFYING THE DEFINITION OF "FISCAL YEAR SPENDING" TO EXCLUDE STATE EXPENDITURES AND RESERVE INCREASES FROM STATE CASH FUNDS AND REQUIRING A ONE­TIME REDUCTION IN THE STATE'S BASE TO EXCLUDE THE STATE'S FISCAL YEAR SPENDING FROM STATE CASH FUNDS.

Be It Resolved by the Senate of the Sixty­first General Assembly of the State of Colorado, the House of Representatives concurring herein:

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 20 (2) (e) and (7) (d) of article X of the constitution of the state of Colorado are amended 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 STATE CASH FUNDS.

(7)  Spending limits. (d)  If revenue from sources not excluded from fiscal year spending exceeds these limits in dollars for that fiscal year, the excess shall be refunded in the next fiscal year unless voters approve a revenue change as an offset. Initial district bases are current fiscal year spending and 1991 property tax collected in 1992. Qualification or disqualification as an enterprise shall change district bases and future year limits. Future creation of district bonded debt shall increase, and retiring or refinancing district bonded debt shall lower, fiscal year spending and property tax revenue by the annual debt service so funded. Debt service changes, reductions, (1) and (3) (c) refunds, and voter­approved revenue changes are dollar amounts that are exceptions to, and not part of, any district base. IN ADDITION TO ANY OTHER CHANGES REQUIRED BY THIS (d), FOR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 1998, THE STATE BASE, WHICH SHALL BE THE STATE FISCAL YEAR SPENDING FOR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 1997, SHALL BE DECREASED BY AN AMOUNT EQUAL TO THE AMOUNT OF THE STATE'S FISCAL YEAR SPENDING DURING THE STATE FISCAL YEAR COMMENCING ON JULY 1, 1997, FROM STATE CASH FUNDS. Voter­approved revenue changes do not require a tax rate change.

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 SECTION 20 OF ARTICLE X OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING CASH FUNDS, AND, IN CONNECTION THEREWITH, MODIFYING THE DEFINITION OF "FISCAL YEAR SPENDING" TO EXCLUDE STATE EXPENDITURES AND RESERVE INCREASES FROM STATE CASH FUNDS, AND REQUIRING A ONE­TIME REDUCTION IN THE STATE'S BASE TO EXCLUDE THE STATE'S FISCAL YEAR SPENDING FROM STATE CASH FUNDS."

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.

IMMEDIATE RECONSIDERATION OF SCR 98-10

SCR 98-10 by Sen. Bishop; Rep. Smith--Concerning State Cash Funds

Having voted on the prevailing side, Senator Bishop moved for immediate reconsideration of SCR 98-10.

The motion was declared lost by the following roll call vote:


YES 8

NO 27

EXCUSED 0

ABSENT 0

Alexander
N
Feeley
N
Mutzebaugh
YE
Tanner
N

Ament
N
Hernandez
N
Pascoe
N
Tebedo
N

Arnold
Y
Hopper
N
Perlmutter
N
Thiebaut
N

Bishop
NY
Johnson
N
Phillips
N
Wattenberg
N

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
N

Chlouber
N
Lamborn
Y
Reeves
N
Wells
N

Coffman
Y
Linkhart
N
Rizzuto
N
Wham
N

Congrove
Y
Martinez
N
Rupert
N
Mr. President
N

Dennis
N
Matsunaka
N
Schroeder
N

THIRD READING OF BILLS--FINAL PASSAGE (CONT.0

On Third Reading, the titles of the following bills were publicly read, the reading at length having been dispensed with by unanimous consent:

SCR 98-4 by Sen. Norton; Rep. Anderson--Residential Property Tax

Laid over until later in the day, Monday, May 4, retaining its place on the calendar.

HB 98-1191 by Rep. Owen; Senator Rizzuto--Pub Employee Defined Contribution Plans

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

Third Reading Amendment No. 1, by Senator Weddig

Amend revised bill, page 11, line 15, strike "CONTRIBUTIONS, AND" and substitute "CONTRIBUTIONS, AND FIFTY PERCENT OF".

Page 12, line 1, before "MATCHING" insert "AND FIFTY PERCENT OF".

Less than a majority of all members elected to the Senate having voted in the affirmative, the amendment was declared lost.

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

Third Reading Amendment No. 2, by Senator Wells

Amend revised bill, page 17, line 16, strike "Section 2" and substitute "Sections 2 and 3".

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

As amended, laid over until later in the day, Monday, May 4, retaining its place on the calendar.

COMMITTEE OF REFERENCE REPORT

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

Affairs referred favorably to the Committee of the Whole: HB 98-1418

and Labor

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 98­1359

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

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 98­1359, concerning elections, has met and reports that it has agreed upon the following:

1.  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, line 13, strike "THE LESSER OF ONE THOUSAND";

line 14, strike "SIGNERS OR";

strike lines 19 through 24 and substitute the following:

"(c) (I) (A)  Every petition in the case of a candidate for an office to be filled by vote of the electors of the entire state shall be signed by eligible electors in a number equal to at least two percent of the votes cast in the congressional district at the most recent general election for the political party's candidate for the office for which the petition is being circulated.

(B)  THIS SUBPARAGRAPH (I) IS REPEALED, EFFECTIVE JANUARY 1, 1999.

(II)  ON AND AFTER JANUARY 1, 1999, EVERY PETITION IN THE CASE OF A CANDIDATE FOR AN OFFICE TO BE FILLED BY VOTE OF THE ELECTORS OF THE ENTIRE STATE SHALL BE SIGNED BY AT LEAST ONE THOUSAND FIVE HUNDRED ELIGIBLE ELECTORS IN EACH CONGRESSIONAL DISTRICT.".

Page 5, line 16, strike "DECIDED AND A MANDATE ISSUED WITHIN THIRTY" and substitute "DISPOSED OF PROMPTLY, CONSISTENT WITH THE RIGHTS OF THE PARTIES,";

line 17, strike "DAYS OF SAID FILING,".

2.  That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendment be recommended:

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

"SECTION 1.  Article 40 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

1­40­134.  Withdrawal of initiative petition.  THE DESIGNATED REPRESENTATIVES OF THE PROPONENTS OF AN INITIATIVE PETITION MAY WITHDRAW THE PETITION FROM CONSIDERATION AS A BALLOT ISSUE BY FILING A LETTER WITH THE SECRETARY OF STATE REQUESTING THAT THE PETITION NOT BE PLACED ON THE BALLOT. THE LETTER SHALL BE SIGNED AND ACKNOWLEDGED BY BOTH DESIGNATED REPRESENTATIVES BEFORE AN OFFICER AUTHORIZED TO TAKE ACKNOWLEDGMENTS AND SHALL BE FILED NO LATER THAN THIRTY­THREE DAYS PRIOR TO THE ELECTION AT WHICH THE INITIATIVE IS TO BE VOTED UPON.".

Renumber succeeding sections accordingly.

Page 4, line 6, strike "(2) (a) and (2) (c)," and substitute "(2) (a), (2) (b), and (2) (c),";

line 15, before "primary", insert "CONTESTED OR UNCONTESTED";

after line 18, insert the following:

"(b)  Every petition in the case of a candidate for member of the general assembly, district attorney, or any district office greater than a county office shall be signed by eligible electors resident within the district for which the officer is to be elected. The petition shall require the lesser of one thousand signers or signers equal to thirty percent of the votes cast in the district at the CONTESTED OR UNCONTESTED primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office.";

after line 24, insert the following:

"SECTION 7.  1­4­905 (1), Colorado Revised Statutes, is amended to read:

1­4­905.  Circulators. (1)  No eligible elector shall be eligible to circulate any petition unless the elector is eligible to vote in the political subdivision in which the petition is being circulated and, for partisan candidates, has been IS affiliated with the political party mentioned in the petition for at least two months prior to the date of filing the petition AT THE TIME THE PETITION IS CIRCULATED, as shown by the registration books of the county clerk and recorder.".

Renumber succeeding sections accordingly.

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Doug Dean, Chair Sen. Elsie Lacy, Chair

Rep. Bob Baron Sen. Ray Powers

Rep. Lola Spradley Sen. Stan Matsunaka

INTRODUCTION OF BILL--FIRST READING

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

HB 98-1416 by Representatives May, Anderson, George, Dyer, Reeser, and Saliman; also Senators Schroeder, B. Alexander, Ament, Reeves, and Wham--Concerning coordination of statewide telecommunications.

Business Affairs and Labor

Appropriations

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILL

SB 98-20 by Sen. Congrove; Representative Tucker--POST Board Certification

Senator Congrove moved that the Senate concur in House amendments to SB 98-20, as printed in House Journal, April 28, page 1544. 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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
N
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
E
Schroeder
Y

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

COMMITTEE OF REFERENCE REPORTS

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1414

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

riations referred favorably to the Committee of the Whole: HB 98-1151

Approp- After consideration on the merits, the committee recommends that HB 98-1255 be

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

Amend reengrossed bill, page 1, strike lines 2 through 9.

Strike pages 2 and 3.

Page 4, strike lines 1 through 17.

Renumber succeeding sections accordingly.

line 25, after "(b)", insert "(I)";

line 26, strike "SECTION 18­1­111 (3)" and substitute "SUBPARAGRAPH (II) OF THIS PARAGRAPH (b)".

Page 5, after line 4, insert the following:

"(II)  THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) SHALL APPLY TO THE FOLLOWING OFFENSES:

(a)  THEFT, AS DEFINED IN SECTION 18­4­401;

(b)  THEFT OF RENTAL PROPERTY, AS DEFINED IN SECTION 18­4­402;

(c)  THEFT BY RECEIVING, AS DEFINED IN SECTION 18­4­410;

(d)  CRIMINAL MISCHIEF, AS DEFINED IN SECTION 18­4­501;

(e)  FRAUD BY CHECK, AS DEFINED IN SECTION 18­5­205;

(f)  DEFRAUDING A SECURED CREDITOR OR DEBTOR, AS DEFINED IN SECTION 18­5­206;

(g)  FAILURE TO PAY OVER ASSIGNED ACCOUNTS, AS DEFINED IN SECTION 18­5­502;

(h)  CONCEALMENT OR REMOVAL OF SECURED PROPERTY, AS DEFINED IN SECTION 18­5­504;

(i)  FAILURE TO PAY OVER PROCEEDS, AS DEFINED IN SECTION 18­5­505;

(j)  UNAUTHORIZED USE OF A FINANCIAL TRANSACTION DEVICE, AS DEFINED IN SECTION 18­5­702;

(k)  COMPUTER CRIME, AS DEFINED IN SECTION 18­5.5­102;

(l)  PROCURING FOOD OR ACCOMMODATION WITH INTENT TO DEFRAUD, AS DEFINED IN SECTION 12­44­102, C.R.S.;

(m)  TRAFFICKING IN FOOD STAMPS, AS DEFINED IN SECTION 26­2­306, C.R.S.;

(n)  UNLAWFUL USE OF A PATIENT PERSONAL NEEDS TRUST FUND, AS DEFINED IN SECTION 26­4­504, C.R.S.;

(o)  CRIMINAL TAMPERING WITH A MOTOR VEHICLE, AS DEFINED IN SECTION 42­5­103, C.R.S.;

(p)  THEFT OF MOTOR VEHICLE PARTS, AS DEFINED IN SECTION 42­5­104, C.R.S.;

(q)  THEFT IN CONNECTION WITH ASSISTIVE TECHNOLOGY, AS DESCRIBED IN SECTION 6­1­409, C.R.S.;

(r)  THEFT OF FARM PRODUCTS, AS DEFINED IN SECTION 12­16­118, C.R.S.;

(s)  FRAUD IN CONNECTION WITH OBTAINING PUBLIC ASSISTANCE, AS DESCRIBED IN SECTION 26­1­127, C.R.S.; AND

(t)  FRAUD IN CONNECTION WITH OBTAINING FOOD STAMPS, AS DESCRIBED IN SECTION 26­2­305, C.R.S.";

strike lines 5 through 16.

Renumber succeeding sections accordingly.

Page 5, line 17, strike "(2), (3), (4), (5)," and substitute "(3), (4),";

strike lines 19 through 26, and substitute the following:

"18­4­402. Theft of rental property. (3)  Theft of rental property is a class 2 misdemeanor where the value of the property involved is one hundred dollars or more and is less than four FIVE hundred dollars.

(4)  Theft of rental property is a class 5 felony where the value of the property involved is four FIVE hundred dollars or more but less than fifteen thousand dollars.

(6)  When a person commits theft of rental property twice or more within a period of six months without having been placed in jeopardy for the prior offense or offenses, and the aggregate value of the property involved is four FIVE hundred dollars or more but less than fifteen thousand dollars, it is a class 5 felony; however, if the aggregate value of the property involved is fifteen thousand dollars or more, it is a class 3 felony.".

Page 6, strike lines 1 through 11;

line 12, strike "(2), (3), (4), and (5)," and substitute "(3), (4), and (6),";

strike lines 14 through 25, and substitute the following:

"18­4­410. Theft by receiving. (3)  Where the value of the thing involved is one hundred dollars or more but less than four FIVE hundred dollars, theft by receiving is a class 2 misdemeanor.

(4)  Where the value of the thing involved is four FIVE hundred dollars or more but less than fifteen thousand dollars, theft by receiving is a class 4 felony.

(6)  When the aggregate value of the thing or things involved is four FIVE hundred dollars or more and the person committing theft by receiving is engaged in the business of buying, selling, or otherwise disposing of stolen goods for a profit, theft by receiving is a class 3 felony.".

Page 7, strike lines 2 through 14, and substitute the following:

"18­4­501. Criminal mischief. Any person who knowingly damages the real or personal property of one or more other persons in the course of a single criminal episode commits a class 3 misdemeanor where the aggregate damage to the real or personal property is less than one hundred dollars. Where the aggregate damage to the real or personal property is one hundred dollars or more but less than four FIVE hundred dollars, such person commits a class 2 misdemeanor. Where the aggregate damage to the real or personal property is four FIVE hundred dollars or more but less than fifteen thousand dollars, such person commits a class 4 felony. Where the aggregate damage to the real or personal property is fifteen thousand dollars or more, such person commits a class 3 felony.";

line 15, strike "(3)," and substitute "(3) (b) and (3) (c),", and strike "is" and substitute "are";

strike lines 17 through 26, and substitute the following:

"18­5­205. Fraud by check ­ definitions ­ penalties. (3)  Fraud by check is:

(b)  A class 2 misdemeanor if the fraudulent check was for the sum of one hundred dollars or more and less than four FIVE hundred dollars or if the offender is convicted of fraud by check involving the issuance of two or more checks within any sixty­day period in the state of Colorado totaling one hundred dollars or more and less than four FIVE hundred dollars in the aggregate;

(c)  A class 6 felony if the fraudulent check was for the sum of four FIVE hundred dollars or more, or if the offender is convicted of fraud by check involving the issuance of two or more checks within any sixty­day period in the state of Colorado totaling four FIVE hundred dollars or more in the aggregate, or if the offender has been twice previously convicted under this section or a former statute of this state of similar content and purport;".

Page 8, strike lines 1 through 11;

line 12, strike "(1) and (2)," and substitute "(1) (b), (1) (c), (2) (b), and (2) (c),";

strike lines 14 through 26, and substitute the following:

"18­5­206. Defrauding a secured creditor or debtor. (1)  If a person, with intent to defraud a creditor by defeating, impairing, or rendering worthless or unenforceable any security interest, sells, assigns, transfers, conveys, pledges, encumbers, conceals, destroys, or disposes of any collateral subject to a security interest:

(b)  Such person commits a class 2 misdemeanor if the value of the collateral is one hundred dollars or more but less than four FIVE hundred dollars;

(c)  Such person commits a class 5 felony if the value of the collateral is four FIVE hundred dollars or more but less than fifteen thousand dollars; and

(2)  If a creditor, with intent to defraud a debtor, sells, assigns, transfers, conveys, pledges, buys, or encumbers a promissory note or contract signed by the debtor:

(b)  Such creditor commits a class 2 misdemeanor if the amount owing on such note or contract is one hundred dollars or more but less than four FIVE hundred dollars;

(c)  Such creditor commits a class 5 felony if the amount owing on such note or contract is four FIVE hundred dollars or more but less than fifteen thousand dollars; and".

Page 9, strike lines 1 through 19.

Page 10, strike lines 1 through 6, and substitute the following:

"to the assignee such proceeds amounting to one FIVE hundred dollars or more, he THE PERSON commits a class 5 felony. Where the amount of such proceeds withheld by the assignor is less than one FIVE hundred dollars, he THE PERSON commits a class 2 misdemeanor.";

strike lines 15 through 21, and substitute the following:

"secured creditor, he THE PERSON commits a class 5 felony where the value of the property concealed or removed is one FIVE hundred dollars or more. Where the value of the property concealed or removed is less than one FIVE hundred dollars, he THE PERSON commits a class 2 misdemeanor.".

Page 11, strike lines 6 through 11, and substitute the following:

"the security interest commits a class 5 felony where the amount of the proceeds withheld is one FIVE hundred dollars or more. If the amount of the proceeds withheld is less than one FIVE hundred dollars, he THE PERSON commits a class 2 misdemeanor.";

line 12, strike "(3)," and substitute "(3) (b) and (3) (c),", and strike "is" and substitute "are";

strike lines 14 through 26, and substitute the following:

"18­5­702. Unauthorized use of a financial transaction device. (3)  Unauthorized use of a financial transaction device is:

(b)  A class 2 misdemeanor if the value of the cash, credit, property, or services obtained or of the financial payments made is one FIVE hundred dollars or more but less than four hundred dollars;

(c)  A class 5 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is four FIVE hundred dollars or more but less than fifteen thousand dollars;".

Page 12, strike lines 1 and 2;

strike lines 5 through 12, and substitute the following:

"18­5.5­102. Computer crime. (3)  If the loss, damage, or thing of value taken in violation of this section is less than one hundred dollars, computer crime is a class 3 misdemeanor; if one hundred dollars or more but less than four FIVE hundred dollars, computer crime is a class 2 misdemeanor; if four FIVE hundred dollars or more but less than fifteen thousand dollars, computer crime is a class 5 felony; if fifteen thousand dollars or more, computer crime is a class 3 felony.";

strike lines 18 through 26, and substitute the following:

"OR HER agreement with such public establishment, is guilty of a misdemeanor if the total amount due under such agreement is fifty FIVE HUNDRED dollars or less and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment; and, if the amount due under such agreement is more than fifty FIVE HUNDRED dollars, such person commits a class 6 felony and shall be punished as provided in section 18­1­105, C.R.S.".

Page 13, strike line 1;

line 2, strike "(2)" and substitute "(2) (b), (2) (c), and";

strike lines 4 through 23, and substitute the following:

"26­2­306. Trafficking in food stamps. (2)  Trafficking in food stamps is:

(b)  A class 2 misdemeanor under section 18­1­106, C.R.S., if the value of the food stamps is one hundred dollars or more but less than four FIVE hundred dollars;

(c)  A class 4 felony under section 18­1­105, C.R.S., if the value of the food stamps is four FIVE hundred dollars or more but less than fifteen thousand dollars;

(3)  When a person commits the offense of trafficking in food stamps twice or more within a period of six months without having been placed in jeopardy for the prior offense or offenses and the aggregate value of the food stamps involved is four FIVE hundred dollars or more but less than fifteen thousand dollars, it is a class 4 felony; however, if the aggregate value of the food stamps involved is fifteen thousand dollars or more, it is a class 3 felony.";

line 24, strike "(d)," and substitute "(d) (II) and (8) (d) (III),", and strike "is" and substitute "are".

Page 14, strike lines 2 through 12, and substitute the following:

"illegal retention and use. (8) (d)  Unlawful use of a patient personal needs trust fund is:

(II)  A class 2 misdemeanor, if the amount involved is one hundred dollars or more but less than four FIVE hundred dollars;

(III)  A class 4 felony, if the amount involved is four FIVE hundred dollars or more but less than fifteen thousand dollars;";

line 13, strike "(2)," and substitute "(2) (a) and (2) (b),", and strike "is" and substitute "are";

strike lines 15 through 25, and substitute the following:

"42­5­103. Tampering with a motor vehicle. (2)  Tampering with a motor vehicle is:

(a)  A class 2 misdemeanor if the damage is less than four FIVE hundred dollars;

(b)  A class 5 felony if the damage is four FIVE hundred dollars or more but less than fifteen thousand dollars;";

line 26, after "(2)", insert "(a), (2) (b),".

Page 15, strike lines 2 through 17, and substitute the following:

"42­5­104. Theft of motor vehicle parts. (2)  Theft of motor vehicle parts is:

(a)  A class 2 misdemeanor if the value of the thing involved is less than four FIVE hundred dollars;

(b)  A class 5 felony if the value of the thing involved is four FIVE hundred dollars or more but less than fifteen thousand dollars;

(3)  When a person commits theft of motor vehicle parts two times or more within a period of six months without having been placed in jeopardy for the prior offense or offenses and the aggregate value of the things involved is four FIVE hundred dollars or more but less than fifteen thousand dollars, it is a class 5 felony; however, if the aggregate value of the things involved is fifteen thousand dollars or more, it is a class 4 felony.";

strike lines 18 through 26.

Strike page 16 through 21.

Page 22, strike lines 1 through 5.

Renumber succeeding sections accordingly.

Approp- After consideration on the merits, the committee recommends that HB 98-1156 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 33, strike lines 6 and 7, and substitute the following:

"SECTION 15. The introductory portion to 24-75-302 (2), Colorado Revised Statutes, is amended, and the said 24-75-302 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:";

line 10, strike "July 1, 2001," and substitute "July 1, 2001 2002,".

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

riations postponed indefinitely: SCR 98-9; HCR 98-1009; and HB 98-1419

CONSIDERATION OF CONFERENCE COMMITTEE REPORTS

SB 98-107 by Sen. Matsunaka; Rep. Entz--Expeditious Access To Medical Treatment

Senator Matsunaka moved for the adoption of the First Report of the First Conference Committee on SB 98-107, printed in Senate Journal, May 4, page 1129. 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
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
N
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
E
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
N

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


YES 26

NO 8

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
NE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
N

Arnold
N
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
N
Weddig
Y

Chlouber
Y
Lamborn
N
Reeves
Y
Wells
Y

Coffman
N
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
E
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.

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

Senator Lacy moved for the adoption of the First Report of the First Conference Committee on HB 98-1359, printed in Senate Journal, May 4, pages 1134-1135. The motion was adopted by the following roll call vote:


YES 25

NO 10

EXCUSED 0

ABSENT 0

Alexander
N
Feeley
Y
Mutzebaugh
NE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
N
Tebedo
N

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
N

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
N
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
N
Reeves
Y
Wells
Y

Coffman
N
Linkhart
N
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 32

NO 3

EXCUSED 0

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
Y
Reeves
Y
Wells
Y

Coffman
N
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS

SB 98-190 by Sen. Matsunaka; Rep. Kreutz--Revisor's Bill

Senator Matsunaka moved that the Senate concur in House amendments to SB 98-190, as printed in House Journal, April 29, page 1582. The motion was adopted by the following roll call vote:


YES 35

NO 0

EXCUSED 0

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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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


YES 35

NO 0

EXCUSED 0

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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

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

Senator Dennis moved that the Senate concur in House amendments to SB 98-179, as printed in House Journal, May 1, page 1673. The motion was adopted by the following roll call vote:






YES 35

NO 0

EXCUSED 0

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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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


YES 35

NO 0

EXCUSED 0

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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE JOINT RESOLUTION

SJR 98-23 by Sen. Ament; Rep. Entz--Dissaprove Kyoto Protocol on Global Warming

Senator Ament moved that the Senate concur in House amendments to SJR 98-23, as printed in House Journal, May 1, pages 1662-1663. The motion was adopted by the following roll call vote:


YES 35

NO 0

EXCUSED 0

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
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

The question being "Shall the resolution, as amended, be adopted?" the roll was called with the following result:


YES 24

NO 11

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
N

Ament
Y
Hernandez
N
Pascoe
N
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
N
Thiebaut
N

Bishop
YY
Johnson
Y
Phillips
N
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
N

Chlouber
Y
Lamborn
Y
Reeves
N
Wells
Y

Coffman
Y
Linkhart
N
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
N
Rupert
N
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

__________________________

On motion of Senator Wells, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB 98-1006, 98-1004; HCR 98-1008; HB 98-1418, 98-1414, 98-1151, 98-1255, 98-1156 were made Special Orders at 5:52 p.m.

__________________________

Committee The hour of 5:52 p.m. having arrived, Senator Congrove moved that the Senate resolve

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

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

SPECIAL ORDERS--SECOND READING OF BILLS--5:52 P.M.

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

HB 98-1006 by Rep. Adkins; Senator Bishop--Conservation Of Native Species

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 30, pages 1076-1078.)

Amendment No. 2, by Senator Bishop

Amend the Appropriations committee amendment, as printed in Senate Journal, April 30, page 1077, strike lines 6 through 16 and substitute the following:

""SECTION 2.  37­95­106 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

37­95­106.  Authority ­ powers ­ repeal. (1)  Except as otherwise limited by this article, the authority, acting through the board, has the power:

(gg) (I)  TO MAKE CONTRIBUTIONS OF AUTHORITY MONEYS THEN AVAILABLE AND UNOBLIGATED AT SUCH TIMES, ON OR BEFORE JUNE 30, 1999, AND IN SUCH AMOUNTS, NOT TO EXCEED A TOTAL OF TWO MILLION FOUR HUNDRED THOUSAND DOLLARS, AS THE BOARD DIRECTS, TO THE SPECIES CONSERVATION TRUST FUND CREATED IN SECTION 24­33­111 (2), C.R.S.

(II)  THIS PARAGRAPH (gg) IS REPEALED, EFFECTIVE JULY 1, 1999.".

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

HB 98-1004 by Rep. Epps; Senator Hopper--Domestic Violence Treatment Providers

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

HCR 98-1008 by Rep. Kaufman; Senator Wattenberg--Authorizing Health Care Functions

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

HB 98-1418 by Rep. Anderson; Senator Powers--Environmental Self­evaluation

Laid over until the General Orders calendar of Tuesday, May 5, retaining its place on the calendar.

HB 98-1414 by Rep. Grampsas; Senator Lacy--State TABOR Financial Statements

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

HB 98-1255 by Rep. Swenson; Sen. Alexander--Uniformity In Financial Crimes

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, May 4, pages 1136-1141.)

Amendment No. 2, by Senator Alexander

Amend the Appropriations Committee amendment, as printed in Senate Journal, May 4, page 1136, strike line 48, and substitute the following:

"SECTION 1. 18­4­401 (4), Colorado Revised Statutes, is amended to read:

18­4­401. Theft. (4) When a person commits theft twice or more within a period of six months without having been placed in jeopardy for the prior offense or offenses, and the aggregate value of the things involved is four FIVE hundred dollars or more but less than fifteen thousand dollars, it is a class 4 felony; however, if the aggregate value of the things involved is fifteen thousand dollars or more, it is a class 3 felony.".

Page 9, after line 13, insert the following:

"Page 1, line 102, strike "INVOLVED, AND" and substitute "INVOLVED.";

strike line 103.

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

HB 98-1156 by Rep. Anderson; Senator Wells--Lifetime Supervision Of Sex Offenders

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, April 29, page 1056.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, May 4, page 1141.)

Amendment No. 3, by Senator Rupert

Amend reengrossed bill, page 17, strike lines 13 through 23.

Page 21, after line 24, insert the following:

"16­13­811.  Annual report. (1)  ON OR BEFORE NOVEMBER 1, 2000, AND ON OR BEFORE EACH NOVEMBER 1 THEREAFTER, THE DEPARTMENT OF CORRECTIONS, THE DEPARTMENT OF PUBLIC SAFETY, AND THE JUDICIAL DEPARTMENT SHALL SUBMIT A REPORT TO THE JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY SPECIFYING, AT A MINIMUM:

(a)  THE IMPACT ON THE PRISON POPULATION, THE PAROLE POPULATION, AND THE PROBATION POPULATION IN THE STATE DUE TO THE EXTENDED LENGTH OF INCARCERATION AND SUPERVISION PROVIDED FOR IN SECTIONS 16­13­804, 16­13­806, AND 16­13­808;

(b)  THE NUMBER OF OFFENDERS PLACED IN THE INTENSIVE SUPERVISION PAROLE PROGRAM AND THE INTENSIVE SUPERVISION PROBATION PROGRAM AND THE LENGTH OF SUPERVISION OF OFFENDERS IN SAID PROGRAMS;

(c)  THE NUMBER OF SEX OFFENDERS SENTENCED PURSUANT TO THIS PART 8 WHO RECEIVED PAROLE RELEASE HEARINGS AND THE NUMBER RELEASED ON PAROLE DURING THE PRECEDING TWELVE MONTHS, IF ANY;

(d)  THE NUMBER OF SEX OFFENDERS SENTENCED PURSUANT TO THIS PART 8 WHO RECEIVED PAROLE OR PROBATION DISCHARGE HEARINGS AND THE NUMBER DISCHARGED FROM PAROLE OR PROBATION DURING THE PRECEDING TWELVE MONTHS, IF ANY;

(e)  THE NUMBER OF SEX OFFENDERS SENTENCED PURSUANT TO THIS PART 8 WHO RECEIVED PAROLE OR PROBATION REVOCATION HEARINGS AND THE NUMBER WHOSE PAROLE OR PROBATION WAS REVOKED DURING THE PRECEDING TWELVE MONTHS, IF ANY;

(f)  A SUMMARY OF THE EVALUATION INSTRUMENTS DEVELOPED BY THE MANAGEMENT BOARD AND USE OF THE EVALUATION INSTRUMENTS IN EVALUATING SEX OFFENDERS PURSUANT TO THIS PART 8; AND

(g)  THE AVAILABILITY OF SEX OFFENDER TREATMENT PROVIDERS THROUGHOUT THE STATE, INCLUDING LOCATION OF THE TREATMENT PROVIDERS, THE SERVICES PROVIDED, AND THE AMOUNT PAID BY OFFENDERS AND BY THE STATE FOR THE SERVICES PROVIDED, AND THE MANNER OF REGULATION AND REVIEW OF THE SERVICES PROVIDED BY SEX OFFENDER TREATMENT PROVIDERS.";

line 25, strike "16­13­811." and substitute "16­13­812.".

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

HB 98-1151 by Rep. Young; Senator Ament--Administration Of Ground Water

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Congrove, 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 98-1414, 98-1151, declared passed on Second Reading.

HB 98-1006 as amended, 98-1004 as amended; HCR 98-1008 as amended; HB 98-1255 as amended, 98-1156 as amended, declared passed on Second Reading.

HB 98-1418, laid over until the General Orders calendar of Tuesday, May 5, retaining its place on the calendar.

COMMITTEE OF REFERENCE REPORTS

Judiciary The Committee on Judiciary has had under consideration and has had a hearing on the following appointments and recommends that the appointments be confirmed:

COMMISSION ON JUDICIAL DISCIPLINE

for terms expiring July 1, 2001:

Phillip S. Figa of Greenwood Village, to serve as an citizen admitted to practice law in the courts of this state for over 10 years;

John H. Holcomb of Denver, Colorado, to serve as a non­attorney;

Ruth A. Steel of Englewood, Colorado, to serve as a non­attorney.

Judiciary The Committee on Judiciary has had under consideration and has had a hearing on the following appointment and recommends that the appointment be confirmed:

COLORADO COMMISSION ON

PAROLE GUIDELINES

for a term expiring at the pleasure of the Governor:

Kelly S. Messamore of Westminster, Colorado, to serve as a parole officer.

MESSAGES FROM THE HOUSE

May 4, 1998

Mr. President:

The House has adopted and transmits herewith HJR98-1008, as printed in House Journal, January 26, pages 234-236, and amended as printed in House Journal, May 4, page 1680.

The House has adopted and transmits herewith HJR98-1032, as printed in House Journal, April 15, pages 1318-1319.

The House has adopted and transmits herewith HJR98-1046, as printed in House Journal, May 1, pages 1655-1656.

May 4, 1998

Mr. President:

The House has voted to concur in the Senate amendments to HB98-1183 and 1202 and has repassed the bills as so amended.

The House has voted to authorize the House conferees on the First Conference Committee on SB98-109 to consider matters not at issue between the two houses.

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title:

HJR 98-1008 by Representative Dean; also Senator B. Alexander--Concerning an interim study of funding school district capital projects.

(Printed in House Journal, January 26, pages 234-236 and as amended as printed in House Journal, May 4, page 1680.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Tuesday, May 5.

HJR 98-1032 by Representatives Gotlieb and Pfiffner; also Senator Wham--Memorializing Officer Bruce Vanderjagt.

(Printed in House Journal, April 15, pages 1318-1319.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Tuesday, May 5.

HJR 98-1046 by Representatives Anderson, C. Berry, and Snyder; also Senators Wells, Norton, and Feeley--Concerning the retention of officers and employees of the second regular session of the sixty-first general assembly.

(Printed in House Journal, May 1, pages 1655-1656.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Tuesday, May 5.

THIRD READING OF BILL--FINAL PASSAGE

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

HB 98-1191 by Rep. Owen; Senator Rizzuto--Pub Employee Defined Contribution Plans

(Amended on Third Reading as printed in Senate Journal, May 4, page 1133.)

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


YES 31

NO 4

EXCUSED 0

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
NY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
N

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
N

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

Co-sponsors added: Johnson, Lamborn, Mutzebaugh, Reeves, Tebedo, Wells.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Monday, May 4, was laid over until Tuesday, May 5, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring Seana Lowe by Senator Rupert

Honoring Jim Beatty by Senator Ament

Honoring Mark Soltes by Senator Hernandez





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

May 5, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Patricia K. Dicks

Assistant Secretary of the Senate