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

119th Legislative Day Tuesday, May 5, 1998


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

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn.

Roll Call Present--Total, 34.

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

Present later--Lacy.

Quorum The President announced a quorum present.

Reading of On motion of Senator Phillips, reading of the Journal of May 4th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly revised: HB 98-1004, 1006, 1063, 1070, 1137, 1151, 1156, 1255,

Services 1411, 1414; HCR 98-1008.

To the governor for signature on Tuesday, May 5, 1998, at 9:00 a.m.:

SB 98-8, 26, 74, 76, 159.

SIGNING OF BILLS

The President has signed: HB98-1037, 1272, and 1398.

MESSAGE FROM THE HOUSE

May 4, 1998

Mr. President:

The House has adopted the First Report of the First Conference Committee on HB98-1359, as printed in House Journal, May 4, and has repassed the bill as amended.

The House has voted to concur in the Senate amendments to HB98-1169 and has repassed the bill as so amended.

MESSAGE FROM THE GOVERNOR

May 4, 1998

To the Honorable Colorado Senate

Sixty­first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

S.B. 98­073 Concerning rental property issues.

Approved May 4, 1998 at 4:14 p.m.



S.B. 98­082 Concerning the Colorado Postsecondary Educational Facilities Authority, and, in connection therewith, changing the name of the authority to the Colorado Educational and Cultural Facilities Authority and modifying the institutions that may receive assistance from the authority.

Approved May 4, 1998 at 4:11 p.m.

S.B. 98­102 Concerning entities created pursuant to Title 7, Colorado Revised Statutes.

Approved May 4, 1998 at 4:12 p.m.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 5/4/98 4:35 p.m.

P. Dicks, Assistant Secretary

______________________________

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 Senate Resolutions.

______________________________

CONSIDERATION OF RESOLUTIONS

SR 98-5 by Sen. Norton--Congratulate Super Bowl Champion Denver Broncos

(Printed in Senate Journal, January 27, page 111.)

On motion of Senator Norton, the Resolution 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


Co-sponsors added: Alexander, Ament, Arnold, Blickensderfer, Chlouber, Coffman, Congrove, Dennis, Hernandez, Hopper, Johnson, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Mutzebaugh, Pascoe, Perlmutter, Phillips, Reeves, Rizzuto, Rupert, Tanner, Tebedo, Thiebaut, Wattenberg, Weddig, Wham.

SJR 98-6 by Sen. Ament; Rep. Smith--Colorado Public Lands Wilderness Designation

Senator Ament moved that SJR 98-6 be laid on the table.

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

SJR 98-29 by Sen. Wham; Rep. George--Renovation of the State Capitol

Amendment No. 1, by Senator Wham

Amend printed resolution, page 2, line 2, strike "endorses" and substitute "recognizes";

line 7, strike "be" and substitute "take into consideration";

line 8 strike " consistent with".

SJR 98-29 A majority of all members elected to the Senate having voted in the affirmative, the

(Cont.) amendment was adopted.

On motion of Senator Wham, the Resolution, as amended, was ADOP TED by the following roll call vote:


YES 28


NO 7


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

N

Blickensderfer

N

Lacy

Y

Powers

N

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

Y

Schroeder

Y


Co-sponsors added: Alexander, Arnold, Bishop, Dennis, Hernandez, Hopper, Mutzebaugh, Perlmutter, Rupert, Weddig.

SJR 98-25 by Sen. Mutzebaugh--Congressional Term Limits

Senator Mutzebaugh moved for the adoption of SJR 98-25.

The Resolution was declared LOST by the following roll call vote:


YES 14


NO 19


EXCUSED 2


ABSENT 0


Alexander

Y

Feeley

N

Mutzebaugh

YE

Tanner

N

Ament

Y

Hernandez

N

Pascoe

N

Tebedo

Y

Arnold

Y

Hopper

N

Perlmutter

N

Thiebaut

N

Bishop

NY

Johnson

N

Phillips

N

Wattenberg

N

Blickensderfer

Y

Lacy

N

Powers

Y

Weddig

N

Chlouber

N

Lamborn

Y

Reeves

N

Wells

Y

Coffman

Y

Linkhart

N

Rizzuto

E

Wham

N

Congrove

Y

Martinez

E

Rupert

N

Mr. President

Y

Dennis

Y

Matsunaka

N

Schroeder

Y


SJR 98-11 by Sen. Coffman--Number of Bills Introduced

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

(Printed in Senate Journal, April 21, page 916.)

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

Amendment No. 2, by Senator Coffman

Amend the State, Veterans, and Military Affairs Committee amendment, as printed in Senate Journal, April 21, page 916, strike line 61 and substitute the following:

"substitute "Representatives; EXCEPT THAT NO MEMBER SHALL BE GRANTED PERMISSION TO INTRODUCE MORE THAN ONE BILL IN EXCESS OF THE LIMITS ESTABLISHED BY THIS RULE. Of the bills".".

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

Amendment No. 3, by Senator Pascoe

Amend printed resolution, page 1, line 7, Afive FOUR" and substitute "five";

line 20, strike Afive bills FOUR BILLS" and substitute "five bills";

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

SJR 98-11 Senator Coffman moved for the adoption of SJR 98-11, as amended.

(Cont.)

Less than a majority of those elected to the Senate having voted in the affirmative, the Resolution, as amended, was declared LOST.

SJR 98-33 by Sen. Hernandez; Rep. Mace--Interim Committee Dropout Rate Secondary School

On motion of Senator Hernandez, the Resolution 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


SJR 98-32 by Sen. Rupert--Interim Committee Truth in Sentencing

Amendment No. 1, by Senator Rupert

Amend printed joint resolution, page 3, strike lines 32 through 34 and substitute the following:

Avouchers and warrants drawn as provided by law from moneys appropriated to the legislative department pursuant to Senate Bill 98-194.

(9) That this joint resolution shall only be implemented if Senate Bill 98-194 becomes law and if Senate Bill 98-194, as enacted, includes an appropriation to the legislative department for the purpose of implementing this joint resolution.".

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

Call of Call of Senate.

Senate

Call Raised.

On motion of Senator Rupert, the Resolution, as amended, was ADOPTED by the following roll call vote:


YES 19


NO 16


EXCUSED 0


ABSENT 0


Alexander

N

Feeley

Y

Mutzebaugh

NE

Tanner

Y

Ament

N

Hernandez

Y

Pascoe

Y

Tebedo

N

Arnold

N

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

NY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

N

Powers

N

Weddig

Y

Chlouber

N

Lamborn

N

Reeves

Y

Wells

N

Coffman

N

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

N

Dennis

N

Matsunaka

Y

Schroeder

N


MESSAGE FROM THE HOUSE

May 5, 1998

Mr. President:

The House has adopted and transmits herewith HJR98-1035, as printed in House Journal, April 15, pages 1334-1335, and amended on Third Reading as printed in House Journal, May 5.

The House has adopted and returns herewith SJR98-10.

The House has adopted and returns herewith SJR98-27, amended as printed in House Journal, May 5.

INTRODUCTION AND CONSIDERATION OF RESOLUTION

HJR 98-1035 by Representative Hagedorn; also Senator Wham--Concerning a tribute to the Chancellor of the University of Denver, Daniel L. Ritchie.

(Printed in House Journal, April 15, pages 1334-1335, and as amended as printed in House Journal, May 5.)

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

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

On motion of Senator Wham, the Resolution 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


Co-sponsors added: Alexander, Ament, Arnold, Bishop, Blickensderfer, Chlouber, Coffman, Congrove, Dennis, Feeley, Hernandez, Hopper, Johnson, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Mutzebaugh, Norton, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder, Tanner, Tebedo, Thiebaut, Wattenberg, Weddig, Well

.

INTRODUCTION AND CONSIDERATION OF RESOLUTION

SJR 98-035 by Senator Chlouber; also Representative Spradley--Concerning declaration of the week of May 3, 1998, through May 9, 1998, to be Correctional Employees Appreciation Week.

Senator Chlouber moved to suspend Senate Rule 30(b).

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

On motion of Senator Chlouber, the Resolution 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


Co-sponsors added: Alexander, Ament, Arnold, Bishop, Blickensderfer, Coffman, Congrove, Dennis, Feeley, Hernandez, Hopper, Johnson, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Mutzebaugh, Norton, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder, Tanner, Tebedo, Thiebaut, Wattenberg, Weddig, Wells, Wham.

______________________________

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 Memorial.

______________________________


CONSIDERATION OF MEMORIAL

SJM 98-1 by Sen. Coffman; Rep. Tool--Congress Severance - Termination Payment Tax Prohibition

On motion of Senator Coffman, the Memorial 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


______________________________

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 Governor's Appointments.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

On motion of Senator Wattenberg, the following Governor's appointment was confirmed by a roll call vote:

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.


YES 34


NO 1


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

NY

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


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

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.


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


On motion of Senator Wham, the following Governor's appointment was confirmed by a roll call vote:

PAROLE GUIDELINES

for terms expiring at the pleasure of the Governor:

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


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


MESSAGES FROM THE HOUSE

May 5, 1998

Mr. President:

The House has voted to concur in the Senate amendments to HB98-1075 and has repassed the bill as so amended.

The House has voted not to concur in the Senate amendments to HB98-1001 and requests that a conference committee be appointed. The Speaker has appointed Representatives May, chairman, McElhany, and S. Williams as House conferees on the First Conference Committee on HB98-1001. The bill is transmitted herewith.

May 5, 1998

Mr. President:

The House has passed on Third Reading and returns herewith SB98-183, 192 and 201.

The House has passed on Third Reading and transmitted to the Revisor of Statutes SB98-100, amended as printed in House Journal, May 4, page 1711;

SB98-189, amended as printed in House Journal, May 4, page 1711;

SB98-191, amended as printed in House Journal, May 4, page 1713;

SB98-194, amended as printed in House Journal, May 4, pages 1711-1713 and on Third Reading as printed in House Journal May 5.

______________________________

On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Governor's Appointments to the State Board of Parole.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

STATE BOARD OF PAROLE

effective July 1, 1997 for a term expiring July 1, 1999:

That Allan F. Stanley of Littleton, Colorado, to serve as a representative of Law Enforcement and to fill a vacancy occasioned by the resignation of John R. Enright;

effective August 11, 1997 for a term expiring July 1, 2000:

That Larry J. Schwarz of Wetmore, Colorado, to serve as a citizen member.


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


APPOINTMENTS TO CONFERENCE COMMITTEE

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

The President appointed Senators Mutzebaugh, Chairman, Powers and Matsunaka as Senate Conferees on the First Conference Committee on HB 98-1001.

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:

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

Laid over until later in the day, Tuesday, May 5, retaining its place on the calendar.

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

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: Arnold, Congrove, Johnson, Mutzebaugh, Norton, Phillips, Powers.

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

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


YES 34


NO 1


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

N

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, Phillips.





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

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: Norton, Phillips, Reeves, Rupert.

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

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.

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

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


YES 33


NO 2


EXCUSED 0


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

N

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

N

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

Co-sponsors added: Hernandez, Hopper, Martinez, Matsunaka, Norton, Pascoe, Phillips, Rupert, Schroeder, Wattenberg, Wham.

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

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.

HB 98-1004 Co-sponsors added: Chlouber, Hernandez, Johnson, Phillips, Rupert, Wham.

(Cont.)

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

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 29


NO 4


EXCUSED 2


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

Y

Tanner

Y

Ament

E

Hernandez

Y

Pascoe

Y

Tebedo

N

Arnold

N

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

E

Powers

N

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

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: Alexander, Chlouber, Hernandez, Hopper, Pascoe, Phillips, Reeves, Rupert. Wham.


SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AN AMENDMENT TO ARTICLE XI OF THE CONSTITUTION OF THE STATE OF COLORADO, AUTHORIZING A COUNTY, CITY, TOWN, TOWNSHIP, OR SPECIAL DISTRICT TO PROVIDE ANY LAWFULLY AUTHORIZED HEALTH CARE FUNCTION, SERVICE, OR FACILITY IN JOINT OWNERSHIP OR OTHER ARRANGEMENT WITH ANY PERSON OR COMPANY, PUBLIC OR PRIVATE, WITHOUT INCURRING DEBT AND WITHOUT PLEDGING ITS CREDIT OR FAITH; REQUIRING ANY COUNTY, CITY, TOWN, TOWNSHIP, OR SPECIAL DISTRICT ENTERING INTO SUCH JOINT OWNERSHIP OR OTHER ARRANGEMENT TO OWN ITS JUST PROPORTION; AND PROVIDING THAT ANY SUCH ENTITY OR RELATIONSHIP ESTABLISHED FOR SUCH PURPOSE SHALL NOT BE DEEMED A POLITICAL SUBDIVISION, LOCAL GOVERNMENT, OR LOCAL PUBLIC BODY FOR ANY PURPOSE.

Be It Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate 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 2 of article XI of the constitution of the state of Colorado, is amended to read:

Section 2.  No aid to corporations ­ no joint ownership by state, county, city, town, or school district. (1)  Neither the state, nor any county, city, town, township, or school district shall make any donation or grant to, or in aid of, or become a subscriber to, or shareholder in any corporation or company or a joint owner with any person, company, or corporation, public or private, in or out of the state, except as to such ownership as may accrue to the state by escheat, or by forfeiture, by operation or provision of law; and except as to such ownership as may accrue to the state, or to any county, city, town, township, or school district, or to either or any of them, jointly with any person, company, or corporation, by forfeiture or sale of real estate for nonpayment of taxes, or by donation or devise for public use, or by purchase by or on behalf of any or either of them, jointly with any or either of them, under execution in cases of fines, penalties, or forfeiture of recognizance, breach of condition of official bond, or of bond to secure public moneys, or the performance of any contract in which they or any of them may be jointly or severally interested.


HCR 98-1008


(Cont.)

(2)  Nothing in this section shall be construed to prohibit any city or town from becoming a subscriber or shareholder in any corporation or company, public or private, or a joint owner with any person, company, or corporation, public or private, in order to effect the development of energy resources after discovery, or production, transportation, or transmission of energy in whole or in part for the benefit of the inhabitants of such city or town.

(3)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT ANY COUNTY, CITY, TOWN, TOWNSHIP, OR SPECIAL DISTRICT LAWFULLY AUTHORIZED TO PROVIDE ANY HEALTH CARE FUNCTION, SERVICE, OR FACILITY FROM MAKING ANY DONATION OR GRANT TO, OR IN AID OF, OR FROM BECOMING A SUBSCRIBER, MEMBER, OR SHAREHOLDER IN ANY CORPORATION, COMPANY, OR OTHER ENTITY, PUBLIC OR PRIVATE, OR A JOINT OWNER WITH ANY PERSON, COMPANY, CORPORATION, OR OTHER ENTITY, PUBLIC OR PRIVATE, IN OR OUT OF THE STATE, IN ORDER TO EFFECT THE PROVISION OF SUCH FUNCTION, SERVICE, OR FACILITY IN WHOLE OR IN PART. IN ANY SUCH CASE, THE PRIVATE PERSON, COMPANY, CORPORATION, OR ENTITY OR RELATIONSHIP ESTABLISHED, SHALL NOT BE DEEMED A POLITICAL SUBDIVISION, LOCAL GOVERNMENT, OR LOCAL PUBLIC BODY FOR ANY PURPOSE. ANY SUCH COUNTY, CITY, TOWN, TOWNSHIP, OR SPECIAL DISTRICT THAT ENTERS INTO AN ARRANGEMENT UNDER THIS SECTION SHALL NOT INCUR ANY DEBT NOR PLEDGE ITS CREDIT OR FAITH UNDER SUCH ARRANGEMENT. ANY COUNTY, CITY, TOWN, TOWNSHIP, OR SPECIAL DISTRICT ENTERING INTO SUCH JOINT OWNERSHIP OR RELATIONSHIP AS SUBSCRIBER, MEMBER, OR SHAREHOLDER OR OTHERWISE SHALL OWN ITS JUST PROPORTION TO THE WHOLE AMOUNT SO INVESTED. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE POWERS, DUTIES, OR AUTHORITY OF ANY POLITICAL SUBDIVISION AS OTHERWISE PROVIDED OR AUTHORIZED BY LAW.

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 ARTICLE XI OF THE CONSTITUTION OF THE STATE OF COLORADO, AUTHORIZING A COUNTY, CITY, TOWN, TOWNSHIP, OR SPECIAL DISTRICT TO PROVIDE ANY LAWFULLY AUTHORIZED HEALTH CARE FUNCTION, SERVICE, OR FACILITY IN JOINT OWNERSHIP OR OTHER ARRANGEMENT WITH ANY PERSON OR COMPANY, PUBLIC OR PRIVATE, WITHOUT INCURRING DEBT AND WITHOUT PLEDGING ITS CREDIT OR FAITH; REQUIRING ANY COUNTY, CITY, TOWN, TOWNSHIP, OR SPECIAL DISTRICT ENTERING INTO SUCH JOINT OWNERSHIP OR OTHER ARRANGEMENT TO OWN ITS JUST PROPORTION; AND PROVIDING THAT ANY SUCH ENTITY OR RELATIONSHIP ESTABLISHED FOR SUCH PURPOSE SHALL NOT BE DEEMED A POLITICAL SUBDIVISION, LOCAL GOVERNMENT, OR LOCAL PUBLIC BODY FOR ANY PURPOSE."

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.


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

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

N

Mutzebaugh

Y

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

N

Arnold

Y

Hopper

Y

Perlmutter

N

Thiebaut

N

Bishop

Y

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

N

Chlouber

Y

Lamborn

Y

Reeves

N

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

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

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

Third Reading Amendment No. 1, by Senator Alexander

Amend revised bill, page 8, line 21, strike "one" and substitute "one";

line 22, strike "FIVE", and strike "four" and substitute "four FIVE".

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

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


YES 34


NO 1


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

N

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 PASSED.

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

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. 1, by Senator Wells

Amend revised bill, page 11, strike lines 21 and 22 and substitute the following:

"conditions. (1) (a)  ON COMPLETION OF THE MINIMUM PERIOD OF".

Page 13, line 7, strike "SUCH";

strike lines 8 and 9.

Page 15, line 21, strike "program ­ report" and substitute "program.";

line 22, strike "to joint budget committee.".

Page 19, line 5, strike "OFFENDER OR" and substitute "OFFENDER,";

line 6, strike "OFFENDER;" and substitute "OFFENDER, AND DISCHARGE OF A SEX OFFENDER;".

Page 30, line 2, strike "OR" and substitute "OF".

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

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


YES 31


NO 4


EXCUSED 0


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

N

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

N

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


HB 98-1156 A majority of all members elected to the Senate having voted in the affirmative, the bill, as

(Cont.) amended, was declared PASSED.

Co-sponsors added: Hernandez, Johnson.

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

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, Johnson, Norton.

______________________________

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 Governor's Appointments to the Tourism Board and the State Board of Agriculture.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

On motion of Senator Tebedo, the following Governor's appointment was confirmed by a roll call vote:


YES 25


NO 10


EXCUSED 0


ABSENT 0


Alexander

N

Feeley

Y

Mutzebaugh

NE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

N

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

N

Blickensderfer

N

Lacy

N

Powers

Y

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

N

Matsunaka

Y

Schroeder

Y


On motion of Senators Ament and Alexander, the following Governor's appointment was confirmed by a roll call vote:

STATE BOARD OF AGRICULTURE

for a term expiring the third Wednesday of January, 1999:

Cole P. Finegan of Denver, Colorado, to fill a vacancy occasioned by the resignation of John P. Scully, appointed.


YES 33


NO 2


EXCUSED 0


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

N

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


CONFERENCE COMMITTEE GRANTED FURTHER POWERS

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

Senator Mutzebaugh moved that the Senate Conferees on the First Conference Committee on SB 98-30 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.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

COMMITTEE OF REFERENCE REPORTS

Capital After consideration on the merits, the committee recommends that the following be Development referred favorably to the Senate for final action: SJR 98-34

Approp- The committee returns herewith the following bills and reports that said bills have been riations considered on their merits and voted upon by the committee, and that final action has not been taken by this committee. Said bills cannot be passed within the time remaining in the current legislative session; therefore, said bills are deemed to be postponed indefinitely:

SB 98-18, 98-33, 98-88, 98-101, 98-163

MESSAGE FROM THE REVISOR

May 5, 1998

We herewith transmit:

without comment, as amended, SB98-100, 189, 191, and 194.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 98­1001

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

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 98­1001, concerning transportation, and making an appropriation in connection therewith, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 2, strike lines 2 through 16.

Strike page 3.

Page 4, strike lines 1 through 5.

Renumber succeeding sections accordingly.

Page 7, strike lines 16 through 26.


HB 98-1001


(Cont.)

Page 8, strike line 1.

Renumber succeeding sections accordingly.

Page 22, strike lines 5 through 13.

Renumber succeeding sections accordingly.

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Ronny J. May, Chair Sen. Richard F. Mutzebaugh, Chair

Rep. Suzanne Williams Sen. Ray Powers

Rep. Andy McElhany Sen. Stan Matsunaka



FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 98­1305

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

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 98­1305, concerning adjustments to a limited area of the boundary between two contiguous counties that may be made without an election if one of such counties exceeds a population of four hundred thousand, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 7, strike lines 5 through 10 and substitute the following:

"(9)  IN ADDITION TO ANY OTHER REQUIREMENTS CONTAINED IN THIS SECTION, PRIOR TO THE INITIATION OF ANY MINOR BOUNDARY ADJUSTMENT IN WHICH TERRITORY IS PROPOSED TO BE STRICKEN OFF OF THE COUNTIES OF ADAMS, ARAPAHOE, OR JEFFERSON AND ADDED TO THE CITY AND COUNTY OF DENVER, A DECISION APPROVING THE PROPOSED MINOR BOUNDARY ADJUSTMENT SHALL BE MADE BY A MAJORITY VOTE OF THE SIX­MEMBER BOUNDARY CONTROL COMMISSION, ESTABLISHED BY SECTION 1 OF ARTICLE XX OF THE STATE CONSTITUTION.";

strike lines 13 through 23.

Renumber succeeding section accordingly.

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Russell George, Chair Sen. Dottie Wham, Chair

Rep. Dorothy A. Gotlieb Sen. Dave Wattenberg

Rep. Dan Grossman Sen. Frank Weddig




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

of the for consideration of General Orders and Senator Bishop 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 98-1418 by Rep. Anderson; Senator Powers--Environmental Self­evaluation

Amendment No. 1, by Senator Chlouber

Amend reengrossed bill, page 2, line 12, strike "(4), (5), (6) and";

line 13 strike "are" and substitute "is";

strike lines 14 through 26.

Strike page 3.

Page 4, line 5 strike "1998, and section 3 shall apply to voluntary disclosures mane on or after date." and substitute "1998.".

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

HB 98-1238 by Rep. George; Senator Wham--Judicial Compensation

Amendment No. 1, by Senator Wells

Amend reengrossed bill, page 1, line 8, strike "ANY INCREASE" and substitute "THE INCREASE OVER AND ABOVE THE PROVISIONS SET FORTH IN THIS SECTION AND SECTION 13­30­104, IF ANY,".

Page 2, line 1, after the period, add "ANY INCREASE IN JUDICIAL COMPENSATION SET FORTH IN AN ANNUAL GENERAL APPROPRIATIONS BILL SHALL BE AN INCREASE ONLY FOR THE FISCAL YEAR OF THE ANNUAL GENERAL APPROPRIATIONS BILL IN WHICH THE AMOUNT IS SPECIFIED AND SHALL NOT CONSTITUTE AN INCREASE FOR ANY OTHER FISCAL YEAR. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT AN INCREASE IN JUDICIAL COMPENSATION SPECIFIED IN AN ANNUAL GENERAL APPROPRIATIONS BILL SHALL BE ADDED TO THE COMPENSATION SET FORTH IN THIS SECTION AND SECTION 13­30­104 AND SHALL NOT REPRESENT A STATUTORY CHANGE.";

line 2, strike "OR AS SET FORTH IN" and substitute "AND AS INCREASED BY";

line 10, strike "ANY INCREASE" and substitute "THE INCREASE OVER AND ABOVE THE PROVISIONS SET FORTH IN THIS SECTION AND SECTION 13­30­103, IF ANY,";

line 13, after the period, add "ANY INCREASE IN JUDICIAL COMPENSATION SET FORTH IN AN ANNUAL GENERAL APPROPRIATIONS BILL SHALL BE AN INCREASE ONLY FOR THE FISCAL YEAR OF THE ANNUAL GENERAL APPROPRIATIONS BILL IN WHICH THE AMOUNT IS SPECIFIED AND SHALL NOT CONSTITUTE AN INCREASE FOR ANY OTHER FISCAL YEAR. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT AN INCREASE IN JUDICIAL COMPENSATION SPECIFIED IN AN ANNUAL GENERAL APPROPRIATIONS BILL SHALL BE ADDED TO THE COMPENSATION SET FORTH IN THIS SECTION AND SECTION 13­30­103 AND SHALL NOT REPRESENT A STATUTORY CHANGE.".

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

HB 98-1387 by Rep. Faatz; Senator Lacy--Tobacco Sales to Minors

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

(Printed in Senate Journal, April 23, page 947.)

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

HB 98-1405 by Rep. Salaz; Senator Dennis--Prohibit 'Slamming'

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, April 28, page 1007.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 30, page 1078.)

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

HB 98-1334 by Rep. Hagedorn; Senator Hopper--Persistent Drinking Drivers

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, April 22, pages 923-924.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 27, pages 975-976.)

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

HB 98-1393 by Rep. Allen; Senator B. Alexander--Sunset Of Reports To GA In Title 22

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, April 27, pages 976-977.)

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

HB 98-1306 by Rep. McElhany; Sen. Blickensderfer--Work Comp Criteria To End TTD

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

(Printed in Senate Journal, March 23, page 526.)

As amended, laid over until later in the day, Tuesday, May 5, retaining its place on the calendar.

HB 98-1152 by Rep. George; Senator Bishop--Property Tax Modifications

Laid over until later in the day, Tuesday, May 5, retaining its place on the calendar.

HCR 98-1001 by Rep. Pankey; Senator Wham--Old Age Pension Program

Laid over until later in the day, Tuesday, May 5, retaining its place on the calendar.

HB 98-1114 by Rep. Pankey; Senator Wham--Implement Constitutional Changes To OAP

Laid over until later in the day, Tuesday, May 5, retaining its place on the calendar.


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 Bishop, 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 98-1418 as amended, 98-1238 as amended, 98-1387 as amended, 98-1405 as amended, 98-1334 as amended, 98-1393 as amended, declared passed on Second Reading.

HB 98-1152; HCR 98-1001; HB 98-1114, laid over until later in the day, Tuesday, May 5, retaining their place on the calendar.

HB 98-1306 as amended, laid over until later in the day, Tuesday, May 5, retaining its place on the calendar.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of House Amendments to SB 98-100, 98-189, 98-191 and 98-194.

______________________________

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS

SB 98-100 by Sen. Ament; Rep. C. Berry--Property Tax Classification Of Pipelines

Senator Ament moved that the Senate concur in House amendments to SB 98-100, as printed in House Journal, May 4, page 1711. The motion was adopted by the following roll call vote:


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

E

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

E

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

E

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 0


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

E

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

E

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

E

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 98-189 by Sen. Hopper; Rep. Lawrence--Regulation Of Retail Food Establishments

Senator Hopper moved that the Senate adhere to its position on SB 98-189.

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

E

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


SB 98-191 by Sen. Dennis; Rep. Entz--Upper Purgatoire Watershed Land Purchase

Senator Dennis moved that the Senate concur in House amendments to SB 98-191, as printed in House Journal, May 4, page 1713. 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

E

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 27


NO 7


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

E

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

N

Weddig

Y

Chlouber

Y

Lamborn

N

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

N

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

Co-sponsor added: Norton

SB 98-194 by Sen. Rizzuto; Rep. Grampsas--State Cash Funds

Senator Rizzuto moved that the Senate not concur in House amendments to SB 98-194, as printed in House Journal, May 4, pages 1711-1713 and as amended as printed in House Journal, May 5, and that a Conference Committee be appointed.

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

The President appointed Senators Lacy, Chairman, Blickensderfer and Rizzuto as Senate Conferees on the First Conference Committee on SB 98-194.

Senator Rizzuto moved that the Senate Conferees on the First Conference Committee on SB 98-194 be given the powers to go beyond the scope of the differences between the two Houses.

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

______________________________

On motion of Senator 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 SCR 98-4.

______________________________

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:

SCR 98-004 by Sen. Norton; Rep. Anderson--Residential Property Tax

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


YES 20


NO 15


EXCUSED 0


ABSENT 0


Alexander

Y

Feeley

N

Mutzebaugh

N

Tanner

N

Ament

Y

Hernandez

N

Pascoe

N

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

N

Bishop

Y

Johnson

Y

Phillips

N

Wattenberg

Y

Blickensderfer

N

Lacy

Y

Powers

N

Weddig

Y

Chlouber

Y

Lamborn

N

Reeves

Y

Wells

Y

Coffman

N

Linkhart

N

Rizzuto

Y

Wham

Y

Congrove

N

Martinez

N

Rupert

N

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


Less than a Constitutional two-thirds majority of all members elected to the Senate having voted in the affirmative, the concurrent resolution was declared LOST.

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

of the for consideration of General Orders and Senator Bishop 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:

HCR 98-1001 by Rep. Pankey; Senator Wham--Old Age Pension Program

Laid over until Wednesday, May 6, retaining its place on the calendar.

HB 98-1114 by Rep. Pankey; Senator Wham--Implement Constitutional Changes To OAP

HB 98-1114 was laid on the table.

HB 98-1152 by Rep. George; Senator Bishop--Property Tax Modifications

HB 98-1152 was laid on the table.

HB 98-1306 by Rep. McElhany; Sen. Blickensderfer--Work Comp Criteria To End TTD

(Amended in General Orders as printed in Senate Journal, May 5, page 1163.)

Amendment No. 2, by Senator Blickensderfer

Strike the State Veterans and Military Affairs committee report as printed in the Senate Journal, March 23, page 526, lines 38 and 45.

Amend reengrossed bill, page 1, line 8 strike "QUITS, RETIRES, IS" and substitute "QUITS OR RETIRES.";

strike line 9.

HB 98-1306 As amended, declared LOST on Second Reading.

(Cont.)

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 98-1306 by Rep. McElhany; Sen. Blickensderfer--Work Comp Criteria To End TTD

Senator Blickensderfer moved to amend the Report of the Committee of the Whole to show that HB 98-1306 as amended, did pass.

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


YES 17


NO 16


EXCUSED 2


ABSENT 0


Alexander

Y

Feeley

N

Mutzebaugh

YE

Tanner

N

Ament

Y

Hernandez

N

Pascoe

N

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

N

Thiebaut

N

Bishop

YY

Johnson

N

Phillips

N

Wattenberg

N

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

N

Chlouber

Y

Lamborn

Y

Reeves

N

Wells

*

Coffman

Y

Linkhart

N

Rizzuto

N

Wham

N

Congrove

Y

Martinez

N

Rupert

N

Mr. President

Y

Dennis

Y

Matsunaka

*

Schroeder

Y


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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Bishop, 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 98-1306 as amended, declared lost on Second Reading.

HB 98-1114, 98-1152, laid on the table.

HCR 98-1001, laid over until Wednesday, May 6, retaining its place on the calendar.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 98­1234

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

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 98­1234, concerning the financing of public schools, and making an appropriation in connection therewith, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 1, line 7, strike "$113.50" and substitute "$116".

Page 7, line 6, strike "(I.5)" and substitute "(I.2)".

Page 8, line 24, strike "(I.5)" and substitute "(I.2) (A)";

line 25, strike "AND BUDGET YEARS THEREAFTER".

Page 9, line 19, strike "1.0130 + (0.00001335 X)" and substitute "1.0042 + (0.00001597 X)";

line 23, strike "25,846" and substitute "23,211" and, on the same line, strike "1.0130" and substitute "1.0042";


HB 98-1234


(Cont.)

line 24, strike "25,846" and substitute "23,211" and, on the same line, strike "1.0130" and substitute "1.0042".

Page 10, line 1, strike "25,846)" and substitute "23,211)";

strike lines 3 through 7 and substitute the following:

"(B)  FOR THE 1998­99 BUDGET YEAR ONLY, FOR THE PURPOSE OF DISTRIBUTING ADDITIONAL FUNDS, NO DISTRICT SHALL HAVE A SIZE FACTOR UNDER SUB­SUBPARAGRAPH (A) OF THIS PARAGRAPH (I.2) OF LESS THAN 1.0081; EXCEPT THAT THE DEPARTMENT SHALL REDUCE THE MINIMUM SIZE FACTOR DOWNWARD BY THE AMOUNT OF MONEY EQUAL TO ONE MILLION DOLLARS MINUS THE AMOUNT OF MONEY TRANSFERRED FROM THE SECRETARY OF STATE CASH FUND TO THE STATE PUBLIC SCHOOL FUND IN S.B. 98­194 ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY.

(I.3) (A) A DISTRICT'S SIZE FACTOR FOR THE 1999­2000 BUDGET YEAR AND BUDGET YEARS THEREAFTER SHALL BE DETERMINED IN ACCORDANCE WITH THE FOLLOWING FORMULA:

IF THE DISTRICT'S FUNDED THE DISTRICT'S

PUPIL COUNT IS: SIZE FACTOR SHALL BE:

LESS THAN 276 1.5502 + (0.00376159 X

THE DIFFERENCE BETWEEN THE FUNDED PUPIL COUNT AND 276)

276 OR MORE BUT LESS THAN 459 1.2430 + (0.00167869 X

THE DIFFERENCE BETWEEN THE FUNDED PUPIL COUNT AND 459)

459 OR MORE BUT LESS THAN 1,027 1.1260 + (0.00020599 X

THE DIFFERENCE

BETWEEN THE FUNDED PUPIL COUNT AND 1,027)

1,027 OR MORE BUT LESS THAN 2,293 1.0578 + (0.00005387 X THE DIFFERENCE

BETWEEN THE FUNDED

PUPIL COUNT AND 2,293)

2,293 OR MORE BUT LESS THAN 5,650 1.0120 + (0.00001364 X

THE DIFFERENCE

BETWEEN THE FUNDED PUPIL COUNT AND 5,650)

5,650 OR MORE BUT LESS THAN 25,546 1.0120

25,546 OR MORE BUT LESS THAN 32,193 1.0120 + (0.00000334 X

THE DIFFERENCE

BETWEEN THE FUNDED 25,546)

32,193 OR MORE 1.0342

(B)  DURING THE 1998 INTERIM, THE LEGISLATIVE COUNCIL STAFF SHALL CONDUCT A STUDY OF THE SIZE FACTORS ESTABLISHED BY THIS SUBSECTION (I.3) AND SHALL MAKE A REPORT OF ITS FINDINGS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 15, 1999.".

Page 12, line 9, strike "SIXTY" and substitute "THIRTY­FIVE".

Page 15, line 26, strike "ABOLISHED." and substitute "ABOLISHED, EFFECTIVE JULY 31, 1998."

Page 16, line 1, strike "THE EFFECTIVE DATE OF THIS ACT" and substitute "JULY 31, 1998, THAT HAVE NOT BEEN OTHERWISE APPROPRIATED OR TRANSFERRED PURSUANT TO OTHER PROVISIONS OF LAW";

line 11, strike "JULY" and substitute "AUGUST";

strike line 13 and substitute the following:

"amended, and the said 22­54­114 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:";

after line 22, insert the following:


HB 98-1234


(Cont.)

"(4)  FOR THE 1997­98 FISCAL YEAR AND FISCAL YEARS THEREAFTER, THE NET AMOUNT RECOVERED BY THE DEPARTMENT DURING THE APPLICABLE FISCAL YEAR, PURSUANT TO SCHOOL DISTRICT AUDITS, AS OVERPAYMENTS MADE TO SCHOOL DISTRICTS THAT WOULD OTHERWISE BE TRANSMITTED TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND SHALL INSTEAD BE TRANSMITTED TO THE STATE TREASURER FOR DEPOSIT IN THE STATE PUBLIC SCHOOL FUND. SUCH AMOUNT SHALL BE AVAILABLE FOR APPROPRIATION TO THE DEPARTMENT IN SUBSEQUENT FISCAL YEARS.".

Page 21, after line 17, insert the following:

"SECTION 24. 22­33­205 (1), Colorado Revised Statutes, as amended by Senate Bill 98­1, enacted at the Second Regular Session of the Sixty­first General Assembly, is amended to read:

22­33­205.  Services for expelled students ­ grants ­ criteria.  (1) (a) There is hereby established in the department of education the expelled student services grant program, referred to in this section as the "program". The program shall provide grants to school districts and to pilot schools established pursuant to article 38 of this title to assist them in providing educational services to expelled students pursuant to section 22­33­203 (2) and to students at risk of expulsion. Any school district that provides educational services within the school district pursuant to section 22­33­203 (2) and any pilot school that provides educational services pursuant to an agreement entered into pursuant to section 22­33­203 (2) is eligible to participate in the grant program.

(b)  IN ADDITION TO SCHOOL DISTRICTS AND PILOT SCHOOLS, THE DEPARTMENT OF MILITARY AFFAIRS MAY APPLY FOR A GRANT PURSUANT TO THE PROVISIONS OF THIS SECTION TO ASSIST THE DEPARTMENT WITH A PROGRAM TO PROVIDE EDUCATIONAL SERVICES TO EXPELLED STUDENTS. THE DEPARTMENT SHALL FOLLOW APPLICATION PROCEDURES ESTABLISHED BY THE DEPARTMENT OF EDUCATION PURSUANT TO SUBSECTION (2) OF THIS SECTION. THE DEPARTMENT OF EDUCATION SHALL DETERMINE WHETHER TO AWARD A GRANT TO THE DEPARTMENT OF MILITARY AFFAIRS AND THE AMOUNT OF THE GRANT.

(c)  Grants awarded pursuant to this section shall be paid for out of any general fund moneys appropriated to the department of education for implementation of the program.".

Renumber succeeding sections accordingly.

Page 21, strike lines 18 through 26.

Strike pages 22 through 24.

Page 25, strike line 1 and substitute the following:

"SECTION 25. Appropriation ­ adjustment in 1997 long bill. (1)  For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1997, to the department of education shall be adjusted as follows:

(a)  The general fund appropriation for public school finance, total program, is decreased by three million three hundred ninety­one thousand one hundred twenty dollars ($3,391,120).

(b)  The general fund appropriation for distributions, special contingency reserve, is decreased by five hundred thousand dollars ($500,000).

(2)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the state public school fund created in section 22­54­114, Colorado Revised Statutes, for the fiscal year beginning July 1, 1997, the sum of three million eight hundred ninety­one thousand one hundred twenty dollars ($3,891,120).

SECTION 26. Appropriations ­ adjustments in 1998 long bill.


HB 98-1234


(Cont.)

(1)  For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows:

(a)  The appropriation made to the department of education, public school finance, total program, is increased by three million seven thousand two hundred six dollars ($3,007,206). Said sum shall be cash funds exempt from the state public school fund created in section 22­54­114, Colorado Revised Statutes.

(b)  The appropriation made to the department of education, public school finance, special education ­ gifted and talented children, is increased by five hundred thousand dollars ($500,000). Said sum shall be cash funds exempt from the state public school fund created in section 22­54­114, Colorado Revised Statutes.

(c)  The appropriation made to the department of education, expelled student services, is increased by five hundred thousand dollars ($500,000). Said sum shall be cash funds exempt from the state public school fund created in section 22­54­114, Colorado Revised Statutes.

(2)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the state public school fund created in section 22­54­114, Colorado Revised Statutes, not otherwise appropriated, to the department of education, for the fiscal year beginning July 1, 1998, the sum of three million nine hundred sixty­seven thousand two hundred six dollars ($3,967,206), or so much thereof as may be necessary, for funding the Colorado student assessment program pursuant to article 7 of title 22, Colorado Revised Statutes; except that this amount shall be decreased by one million five hundred seventeen thousand two hundred six dollars ($1,517,206) if H.B. 98­1267, enacted at the Second Regular Session of the Sixty­first General Assembly, does not become law. Said sum shall be cash funds exempt.

(3)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the state public school fund created in section 22­54­114, Colorado Revised Statutes, not otherwise appropriated, to the department of education, for the fiscal year beginning July 1, 1998, the sum of eight hundred thousand dollars ($800,000), or so much thereof as may be necessary, for the implementation of section 22­54­122, Colorado Revised Statutes. Said sum shall be cash funds exempt.

SECTION 27. Department of military affairs ­ educational services for expelled students ­ request for supplemental appropriation ­ federal funds. (1)  If the department of military affairs receives a grant from the department of education pursuant to section 22­33­205, Colorado Revised Statutes, from moneys appropriated to the department of education for expelled student services or receives payments from school districts under agreements entered into between school districts and the department pursuant to section 22­33­204, Colorado Revised Statutes, for the provision of educational services to expelled students, the department shall seek a supplemental appropriation for the 1998­99 fiscal year to authorize the department to expend any moneys received. Until a supplemental appropriation request can be made, the department may seek approval for the overexpenditure of its appropriation for the 1998­99 fiscal year in accordance with the provisions of section 24­75­111, Colorado Revised Statutes.

(2)  Any moneys received by the department of military affairs may be used by the department to provide educational services to expelled students through the establishment of the national guard challenge program in the state of Colorado and to apply for federal funds that are available to the state of Colorado to establish such a program. If federal funds are applied for and received by the state of Colorado to establish such a program during the fiscal year beginning July 1, 1998, the department of military affairs shall have the authority to spend the total amount of federal funds received for the implementation of the program. The amount of federal funds anticipated to be received by the state of Colorado is two million one hundred thousand dollars ($2,100,000).".


HB 98-1234


(Cont.)

Renumber succeeding sections accordingly.

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Debbie Allen, Chair Sen. Jeffrey M. Wells, Chair

Rep. Suzanne S. Williams Sen. Ben Alexander

Rep. Norma Anderson Sen. James T. Rizzuto

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of SJR 98-31 and 98-34.

______________________________

CONSIDERATION OF RESOLUTIONS

SJR 98-31 by Sen. Rupert; Rep. Saliman--Supporting Passage of MiCASA

On motion of Senator Rupert, the Resolution 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


Co-sponsors added: Bishop, Hernandez, Hopper, Johnson, Linkhart, Martinez, Pascoe, Perlmutter, Phillips, Reeves, Rizzuto, Tanner, Weddig, Wham.

SJR 98-034 by Sen. Martinez; Rep. George--Remove "Sand Creek" from Civil War Memorial

On motion of Senator Martinez, the Resolution 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


Co-sponsors added: Alexander, Arnold, Bishop, Chlouber, Coffman, Congrove, Dennis, Feeley, Hernandez, Hopper, Johnson, Lamborn, Matsunaka, Norton, Pascoe, Perlmutter, Phillips, Reeves, Rizzuto, Rupert, Schroeder, Tanner, Thiebaut, Weddig, Wells.

______________________________

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 Conference Committee Reports to HB 98-1305, 98-1001 and 98-1234.

______________________________

CONSIDERATION OF CONFERENCE COMMITTEE REPORTS

HB 98-1305 by Rep. Grossman; Senator Wham--County Boundary Adjustments

Laid over until Wednesday, May 6, retaining its place on the calendar.

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

Senator Mutzebaugh moved for the adoption of the First Report of the First Conference Committee on HB 98-1001, printed in Senate Journal, May 5, pages 1162-1163. 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.

Co-sponsors added: Chlouber, Tebedo.

HB 98-1234 by Rep. Allen; Senator Wells--Public School Finance

Senator Wells moved for the adoption of the First Report of the First Conference Committee on HB 98-1234, printed in Senate Journal, May 5, pages 1169-1173. The motion was adopted by the following roll call vote:


YES 31


NO 4


EXCUSED 0


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

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


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


YES 29


NO 6


EXCUSED 0


ABSENT 0


Alexander

Y

Feeley

N

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

N

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.

Co-sponsors added: Alexander, Norton, Reeves.

______________________________

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 HJR 98-1030, 98-1036, 98-1038 and 98-1039.

______________________________

CONSIDERATION OF RESOLUTIONS

HJR 98-1030 by Rep. Epps; Senator Arnold--Recognition of Colorado's Volunteer Firefighters

(Printed in House Journal, April 6, page 1218.)

On motion of Senator Arnold, the Resolution 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


Co-sponsors added: Bishop, Blickensderfer, Feeley, Hernandez, Johnson, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Mutzebaugh, Norton, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder, Tanner, Thiebaut, Weddig, Wells, Wham.

HJR 98-1036 by Rep. Reeser; Senator J. Johnson--Concerning Aircraft Repair Station Safety Act

(Printed in House Journal, April 16, pages 1350-1351.)

On motion of Senator Johnson, the Resolution 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


Co-sponsors added: Arnold

HJR 98-1038 by Rep. Smith; Senator Bishop--Interim Committee on Commuter Airlines

(Printed in House Journal, April 16, pages 1354-1356.)

On motion of Senator Hopper, the Resolution 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


Co-sponsors added: Alexander, Ament, Arnold, Blickensderfer, Chlouber, Hernandez, Linkhart, Martinez, Mutzebaugh, Norton, Rupert, Wattenberg, Wham.











HJR 98-1039 by Rep. Smith; Senator Ament--BLM's Designation of Wilderness in Western Colorado

(Printed in House Journal, April 16, pages 1356-1357 and as amended as printed in House Journal, April 29, pages 1579-1580.)

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


YES 24


NO 11


EXCUSED 0


ABSENT 0


Alexander

Y

Feeley

N

Mutzebaugh

YE

Tanner

Y

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


Co-sponsors added: Alexander, Dennis, Mutzebaugh, Norton, Powers, Schroeder, Wattenberg.

COMMITTEE OF REFERENCE REPORTS

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

Affairs postponed indefinitely: HB 98-1416

and Labor

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

Affairs postponed indefinitely: SJR 98-28

and Labor

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

Affairs postponed indefinitely: HB 98-1220

and Labor

MESSAGE FROM THE HOUSE

May 5, 1998

Mr. President:

The House has voted to authorize the House conferees on the First Conference Committee on SB98-30 to consider matters not at issue between the two houses.

The House has adopted the First Report of the First Conference Committee on SB98-30, as printed in House Journal, May 5, and has repassed the bill as so amended. The bill is returned herewith.

The House has passed on Third Reading and transmitted to the Revisor of Statutes SB98-198, amended on Third Reading as printed in House Journal, May 5.

The House has voted to recede from its position on SB98-189, and repassed the bill. The bill is returned herewith.

The House has voted to recede from its position on HB98-1379, dissolve the Conference Committee, concurred in the Senate amendments and repassed the bill.

MESSAGE FROM THE REVISOR

May 5, 1998

We herewith transmit:

without comment, as amended,SB98-198.



FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB 98­30

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

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 98­30, concerning high­occupancy vehicle lanes, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 1, strike lines 2 through 4, and substitute the following:

"SECTION 1.  42­4­1012, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:".

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

Page 4, strike lines 5 through 11, and substitute the following:

"SECTION 2.  42­4­1701 (4) (a) (I) (K), Colorado Revised Statutes, is amended to read:

42­4­1701.  Traffic offenses and infractions classified ­ penalties ­ penalty and surcharge schedule. (4) (a) (I)  Except as provided in paragraph (c) of subsection (5) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title to which the provisions of paragraph (a) or (b) of subsection (5) of this section apply shall be fined or penalized, and have a surcharge levied thereon pursuant to section 24­4.2­104 (1) (b) (I), C.R.S., in accordance with the penalty and surcharge schedule set forth in sub­subparagraphs (A) to (P) of this subparagraph (I); or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions shall be fifteen dollars, and the surcharge shall be two dollars. These penalties and surcharges shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections shall be as follows:

Section Violated Penalty Surcharge

(K)  Driving, overtaking, and passing violations:

42­4­1001 $ 35.00 $ 4.00

42­4­1002 35.00 4.00

42­4­1003 35.00 4.00

42­4­1004 35.00 4.00

42­4­1005 35.00 4.00

42­4­1006 35.00 4.00

42­4­1007 35.00 4.00

42­4­1008 35.00 4.00

42­4­1009 35.00 4.00

42­4­1010 35.00 4.00

42­4­1011 100.00 12.00

42­4­1012 (3)(a)   50.00 65.00 6.00 (NONE)

42­4­1012 (3)(b)   100.00 125.00 12.00 (NONE)".

Renumber succeeding section accordingly.


SB 98-30


(Cont.)

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Bill Swenson, Chair Sen. Richard F. Mutzebaugh, Chair

Rep. Lola Spradley Sen. Ray Powers

Rep. Jennifer Viega Sen. Bill Thiebaut


______________________________

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 Tuesday, May 5, was laid over until Wednesday, May 6, retaining its place on the calendar.

______________________________

On motion of Senator Wells, the Senate adjourned until 9:05 a.m., Wednesday,

May 6, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Patricia K. Dicks

Assistant Secretary of the Senate