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