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-second General Assembly

STATE OF COLORADO

First Regular Session

80th Legislative Day Friday, March 26, 1999

Call to By the President at 8:30 a.m.

Order

Prayer By the chaplain, Rev. Arlyn Tolzmann, Holy Cross Lutheran Church, Wheat Ridge.

Roll Call Present--Total, 32

Absent/Excused--Lacy, Linkhart, Weddig--Total, 3.

Present later--Lacy, Linkhart, Weddig.

Quorum The President announced a quorum present.

Reading of On motion of Senator Anderson, reading of the Journal of March 25th was

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-217.

Services

Correctly enrolled: SB 99-28.

MESSAGE FROM THE HOUSE:

March 25, 1999

Mr. President:

In response to the request of the Senate, the Speaker has appointed Representatives Lee, chairman, McElhany, and Hagedorn as House conferees on the First Conference Committee on SB99-123.

INTRODUCTION OF BILL--FIRST READING

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

SB 99-218 by Senator Anderson; also Representative Stengel--Concerning procedures to alleviate regulatory impairment of property rights.

State, Veterans, & Military Affairs

INTRODUCTION OF RESOLUTION--FIRST READING

The following resolution was read by title:

SJR 99-023 by Senators Andrews, Evans, and Lamborn; also Representatives Clapp, Nunez, and Spence--Concerning an independent peer review of the federal national weather service probable maximum precipitation study used by the United States Army Corps of Engineers in their redesign study relating to the Cherry Creek Dam.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Monday,

March 29.

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of SJR99-022.

_______________________________

CONSIDERATION OF RESOLUTION

SJR 99-022 by Senators Rupert, Arnold, Phillips, Anderson, Andrews, Blickensderfer, Chlouber, Congrove, Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Powers, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, and Wham; also Representative Tupa--Concerning the designation of Natalia Toro Day.

On motion of Senator Rupert, the Resolution was ADOPTED by the following roll call

vote:

YES 34

NO 0

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
E
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

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

riations referred favorably to the Committee of the Whole: SB99-215

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

riations referred favorably to the Committee of the Whole: SB99-216

__________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SB99-215 and SB99-216 were made Special Orders at 8:55 a.m..

__________________________

Committee The hour of 8:55 a.m. having arrived, Senator Wattenberg moved that the Senate resolve of the itself into the Committee of the Whole for consideration of Special Orders and Senator Whole Wattenberg was called to the Chair to act as Chairman.

SPECIAL ORDERS--SECOND READING OF BILL--8:55 A.M.

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

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

Amendment No. 1, by Senator Blickensderfer

Amend printed bill, page 112, line 13, in the ITEM & SUBTOTAL column, strike "453,383,472" and substitute "453,383,372" and, in the GENERAL FUND column, strike "199,078,196a" and substitute "199,078,096a".

Adjust affected totals accordingly.

Page 115, line 9, in the ITEM & SUBTOTAL column, strike "70,366,885" and substitute "70,366,985" and, in the GENERAL FUND column, strike "39,454,291a" and substitute "39,454,391a".

Adjust affected totals accordingly.

Amendment No. 2, by Senators Linkhart, Pascoe, Rupert and Thiebaut

Amend printed bill, page 141, line 1, in the GENERAL FUND column, strike "8,838,860" and substitute "8,573,148" and, in the FEDERAL FUNDS column, strike "124,724,559b" and substitute "124,990,271b".

Adjust affected totals accordingly.

Page 149, line 4, in the ITEM & SUBTOTAL column, strike "3,551,366" and substitute "3,889,853", in the GENERAL FUND column, strike "1,240,385(M)" and substitute "1,506,097(M)", and, in the FEDERAL FUNDS column, strike "1,971,022b" and substitute "2,043,797e";

line 5, in the ITEM & SUBTOTAL column, strike "(44.0 FTE)" and substitute "(50.0 FTE)".

Adjust affected totals accordingly.

Page 149, line 12, strike "b These amounts" and substitute "b This amount";

after line 14, insert the following:

"e Of this amount, $1,971,022 shall be from Child Care Development Funds and $72,775 shall be from Title IV-E of the Social Security Act.".

Amendment No. 3, by Senator Dennis

Amend printed bill, page 165, line 14, strike "Domiciliary122" and substitute "Domiciliary".

Page 187, strike lines 5 through 7.

Amendment No. 4, by Senator Powers

Amend printed bill, page 197, line 4, in the ITEM & SUBTOTAL column, strike "67,481,538" and substitute "67,161,626" and, in the GENERAL FUND column, strike "67,481,538" and substitute "67,161,626";

line 5, in the GENERAL FUND column, strike "(1,445.1 FTE)" and substitute "(1,439.1 FTE)";

line 6, in the ITEM & SUBTOTAL column, strike "5,293,586" and substitute "5,280,486" and, in the GENERAL FUND column, strike "3,566,850" and substitute "3,553,750";

line 7, in the ITEM & SUBTOTAL column, strike "163,600" and substitute "426" and, in the GENERAL FUND column, "163,600" and substitute "426".

Adjust affected totals accordingly.

Page 202, line 12, in the ITEM & SUBTOTAL column, strike "19,763,961" and substitute "19,712,953" and, in the GENERAL FUND column, strike "19,763,961" and substitute "19,712,953";

line 13, in the GENERAL FUND column, strike "(321.4 FTE)" and substitute "(320.0 FTE)".

Page 203, line 3, in the ITEM & SUBTOTAL column, strike "1,164,879" and substitute "1,161,411" and, in the GENERAL FUND column, strike "1,152,129" and substitute "1,148,661";

line 4, in the ITEM & SUBTOTAL column, strike "43,904" and substitute "37,525" and, in the GENERAL FUND column, strike "43,904" and substitute "37,525".

Adjust affected totals accordingly.

Amendment No. 5, by Senator Chlouber

Amend printed bill, page 234, line 13, in the ITEM & SUBTOTAL column, strike "911,143" and substitute "632,887" and, in the GENERAL FUND column, strike "834,767" and substitute "556,511";

line 14, strike "(14.3 FTE)" and substitute "(9.9 FTE)".

Page 235, line 4, in the ITEM & SUBTOTAL column, strike "1,217,423" and substitute "811,615" and, in the GENERAL FUND column, strike "1,217,423" and substitute "811,615".

Adjust affected totals accordingly.

Amendment No. 6, by Senator Teck

Amend printed bill, page 280, line 9, in the ITEM & SUBTOTAL column, strike "690,000" and substitute "390,000" and, in the CASH FUNDS column, strike "600,000d" and substitute "300,000d".

Adjust affected totals accordingly.

Amendment No. 7, by Senator Teck

Amend printed bill, page 301, line 15, in the ITEM & SUBTOTAL column, strike "4,060,191" and substitute "4,360,191".

Page 303, line 2, in the ITEM & SUBTOTAL column, strike "21,472,251" and substitute "21,772,251" and, in the CASH FUNDS column, strike "17,756,137a" and substitute "18,056,137a";

line 4, strike "$17,754,463" and substitute "$18,054,463".

Adjust affected totals accordingly.

Amendment No. 8, by Senator Wattenberg

Amend printed bill, page 301, line 15, in the ITEM & SUBTOTAL column, strike "4,060,191" and substitute "4,310,191".

Page 303, line 2, strike "21,472,251" and substitute "21,722,251" and, in the CASH FUNDS column, strike "17,756,137a" and substitute "18,006,137a";

line 4, strike "$17,754,463" and substitute "$18,004,463".

Adjust affected totals accordingly.

Amendment No. 9, by Senator Musgrave

Amend printed bill, page 308, line 2, in the ITEM & SUBTOTAL column, strike "122,437" and substitute "149,437" and, in the GENERAL FUND column, strike "13,652" and substitute "40,652".

Adjust affected totals accordingly.

Amendment No. 10, by Senator Musgrave

Amend printed bill, page 308, after line 3, insert the following:

ITEM & GENERAL

SUBTOTAL FUND

$ $

"Soil Surveys 100,000 100,000".

Adjust affected totals accordingly.

Amendment No. 11, by Senator Chlouber

Amend printed bill, page 455, line 11, in the ITEM & SUBTOTAL column, strike "2,146,786" and substitute "1,942,635";

line 12, in the ITEM & SUBTOTAL column, strike "(32.0 FTE)" and substitute "(28.1 FTE)";

line 15, in the TOTAL column, strike "2,872,786" and substitute "2,668,635" and, in the GENERAL FUND column, strike "2,146,786" and substitute "1,942,635".

Adjust affected totals accordingly.

Amendment No. 12, by Senator Dennis

Amend printed bill, page 473, line 4, strike "OPERATIONS" and substitute "OPERATIONS251a".

Page 475, after line 15, insert the following:

"251a Department of Transportation, Construction, Maintenance, and Operations -- The General Assembly is concerned that the Department of Transportation does not currently provide toll-free information on roadway conditions in Colorado. It is the intent of the General Assembly that the Transportation Commission allocate funding for a toll-free telephone service to provide the citizens of Colorado with traffic and roadway condition information.".

Amendment No. 13, by Senator Anderson

Amend printed bill, page 477, line 5, in the ITEM & SUBTOTAL column, strike "947,408" and substitute "867,913";

line 6, in the ITEM & SUBTOTAL column, strike "(16.0 FTE)" and substitute "(15.0 FTE)".

Page 478, line 7, in the TOTAL column, strike "1,233,305" and substitute "1,153,810" and, in the GENERAL FUND column, strike "1,233,305" and substitute "1,153,810".

Adjust affected totals accordingly.

Amendment No. 14, by Senator Wattenberg

Amend printed bill, page 541, after line 2, insert "Install Gantry Crane", in the ITEM & SUBTOTAL column, insert "49,500", in the CAPITAL CONSTRUCTION FUND EXEMPT column, insert "16,500", in the CASH FUNDS column, insert "16,500a", and in the CASH FUNDS EXEMPT column, insert "16,500b".

Adjust affected totals accordingly.

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

SB 99-216 by Sen. Lacy; Rep. Tool--General Fund Transfer To Cap Const Fund

Amendment No. 1, by Senator Lacy

Amend printed bill, page 2, line 9, strike 'EIGHT THOUSAND SEVEN" and substitute "TWENTY-FIVE THOUSAND TWO".

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

AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

Senator Thiebaut moved to amend the Report of the Committee of the Whole to show

that the following Thiebaut amendment, made to SB99-215 as amended, did pass:

Amend printed bill, page 25, line 5, strike "Subprogram7,8" and substitute "Subprogram7,8,8a".

Page 52, after line 9, insert the following:

"8aDepartment of Corrections, Management, Executive Director's Office Subprogram -- It is the intent of the General Assembly that the Department of Corrections minimize reliance on the use of private prisons. To that end, the Department should continue requesting state General Fund to complete the construction of the remaining 1,965 beds at Trinidad Correctional Facility, bringing the total beds to 2,445 at the end of construction. When the Trinidad Correctional Facility is complete, the Department should request General Fund dollars to staff the facility with state employees.".

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

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

Senator Hernandez moved to amend the Report of the Committee of the Whole to show

that the following Hernandez, Pascoe, Rupert and Thiebaut amendment, made to SB99- 215 as amended, did pass:

Amend printed bill, page 62, line 7, in the ITEM & SUBTOTAL column, strike "4,634,816" and substitute "4,781,926" and, in the GENERAL FUND column, strike "4,634,816" and substitute "4,781,926".

Adjust affected totals accordingly.

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

YES 13

NO 21

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
N

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
E

Dennis
N
Linkhart
Y
Reeves
Y
Wham
N

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

Senator Perlmutter moved to amend the Report of the Committee of the Whole to show

that the following Perlmutter, Matsunaka, Pascoe, Rupert and Thiebaut amendment, made to SB99-215 as amended, did pass:

Amend printed bill, page 27, line 5, strike "Subprogram" and substitute "Subprogram8a".

Page 53, after line 9, insert the following:

"8a Department of Corrections, Management, Jail Backlog Subprogram -- It is the intent of the General Assembly that private prisons in Colorado should not hold inmates from states other than Colorado. To that end and notwithstanding Section 17-1-104.5 (2)(a), C.R.S., the executive director of the Department of Corrections should not approve future incarceration of inmates from other states by private prisons in Colorado. Further, private prisons in Colorado should phase all inmates from other states out of their facilities by the end of FY 1999-00.".

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

YES 13

NO 21

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
N

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
E

Dennis
N
Linkhart
Y
Reeves
Y
Wham
N

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

Senator Feeley moved to amend the Report of the Committee of the Whole to show

that the following Feeley, Hernandez, Matsunaka, Perlmutter, Rupert and Thiebaut amendment, made to SB99-215 as amended, did pass:

Amend printed bill, page 63, line 2, in the ITEM & SUBTOTAL column, strike "136,914,393" and substitute "143,922,450" and, in the GENERAL FUND column, strike "69,410,773" and substitute "76,418,830".

Adjust affected totals accordingly.

Page 483, line 12, strike "BUDGETS" and substitute "BUDGETS255a";

after line 15, insert the following:

"FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2.

255a Grand Totals, Operating Budgets -- It is the intent of the General Assembly that the General Fund appropriations for FY 1999-2000 for personal services and operating expenses be reduced by an additional 1.0 percent. Such reductions total $7,008,057 General Fund. Appropriations to departments shall be reduced as follows: $68,275 General Fund in the Department of Agriculture; $2,397,295 General Fund in the Department of Corrections; $64,692 General Fund in the Department of Education; $21,152 General Fund in the Governor-Lieutenant Governor - State Planning and Budgeting Office; $46,473 General Fund in the Department of Health Care Policy and Financing; $1,590,981 General Fund in the Department of Human Services; $1,390,169 General Fund in the Judicial Department; $51,523 General Fund in the Department of Law; $182,288 General Fund in the Legislative Department; $95,167 General Fund in the Department of Local Affairs; $22,122 General Fund in the Department of Military Affairs; $199,598 General Fund in the Department of Natural Resources; $106,399 General Fund in the Department of Personnel; $92,600 General Fund in the Department of Public Health and Environment; $103,977 General Fund in the Department of Public Safety; $572,142 General Fund in the Department of Revenue; $94 General Fund in the Department of Transportation; and $3,110 General Fund in the Department of Treasury.".

Adjust affected totals and affected (T) notation totals accordingly.

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

YES 12

NO 22

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
N

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
E

Dennis
N
Linkhart
N
Reeves
Y
Wham
N

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

Senator Rupert moved to amend the Report of the Committee of the Whole to show

that the following Rupert/Pascoe amendment, made to SB99-215 as amended, did pass:

Amend printed bill, page 63, after line 6, insert the following:

ITEM & GENERAL

SUBTOTAL FUND

$ $

"School Construction

and Renovation Fund 2,613,113 2,613,113".

Adjust affected totals accordingly.

Page 236, line 4, in the ITEM & SUBTOTAL column, strike "621,888" and substitute "508,755" and, in the GENERAL FUND column, strike "621,888" and substitute "508,755".

Adjust affected totals accordingly.

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

YES 12

NO 22

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
N

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
E

Dennis
N
Linkhart
Y
Reeves
Y
Wham
N

Dyer
N
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

Senator Rupert moved to amend the Report of the Committee of the Whole to show

that the following Rupert/Pascoe amendment, made to SB 215 as amended, did pass:

Amend printed bill, page 259, line 12, in the ITEM & SUBTOTAL column, strike "6,019,000" and substitute "3,519,000" and, in the GENERAL FUND column, strike "5,500,000" and substitute "3,000,000".

Adjust affected totals accordingly.

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

YES 6

NO 28

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
N

Andrews
N
Feeley
NY
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
N

Chlouber
N
Lacy
N
Perlmutter
N
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
N
Weddig
E

Dennis
N
Linkhart
Y
Reeves
N
Wham
N

Dyer
N
Martinez
N
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

Senator Chlouber moved to amend the Report of the Committee of the Whole to show

that the Chlouber amendment made to SB99-215 as amended, did pass:

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

YES 19

NO 15

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
N
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
N
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
E

Dennis
Y
Linkhart
N
Reeves
N
Wham
N

Dyer
Y
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
N

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

Senator Pascoe moved to amend the Report of the Committee of the Whole to show

that the following Pascoe amendment, made to SB99-215 as amended, did pass:

Amend printed bill, page 130, line 7, in the ITEM & SUBTOTAL column, strike "9,094,544" and substitute "9,127,717";

line 8, in the ITEM & SUBTOTAL column, strike "387,176" and substitute "388,056";

line 11, in the ITEM & SUBTOTAL column, strike "10,680,778" and substitute "10,686,348".

Page 131, line 15, in the TOTAL column, strike "44,944,514" and substitute "44,984,137" and, in the CASH FUNDS EXEMPT column, strike "10,443,664b" and substitute "10,483,287b".

Adjust affected totals accordingly.

Page 132, line 3, strike "$543,598" and substitute "$583,221".

Page 135, line 8, in the ITEM & SUBTOTAL column, strike "20,042,917" and substitute "20,059,804";

line 9, in the ITEM & SUBTOTAL column, strike "(519.9 FTE)" and substitute "(520.9 FTE)";

line 10, in the ITEM & SUBTOTAL column, strike "2,477,963" and substitute "2,481,345".

Page 136, line 5, in the TOTAL column, strike "33,536,741" and substitute "33,557,010" and, in the CASH FUNDS EXEMPT column, strike "11,762,838c" and substitute "11,783,107c".

Adjust affected totals accordingly.

Page 136, line 10, strike "$4,160,749" and substitute "$4,181,018";

line 11, strike "$2,915,619(T)" and substitute "$2,935,888(T)".

Adjust affected (T) notation totals accordingly.

Page 166, line 9, in the ITEM & SUBTOTAL column, strike "64,248,123" and substitute "64,810,847";

line 10, in the ITEM & SUBTOTAL column, strike "(1,266.7 FTE)" and substitute "(1,280.7 FTE)";

line 11, in the ITEM & SUBTOTAL column, strike "7,628,745" and substitute "7,677,564".

Page 167, line 6, in the ITEM & SUBTOTAL column, strike "75,826,138" and substitute "76,437,681", in the GENERAL FUND column, strike "55,805,329" and substitute "55,713,914", and, in the CASH FUNDS EXEMPT column, strike "17,430,045b" and substitute "18,133,003b".

Adjust affected totals accordingly.

Page 167, line 9, strike "$14,048,607" and substitute "$14,751,565";

line 11, strike "$4,944,465(T)" and substitute "$5,647,423(T)".

Adjust affected (T) notation totals accordingly.

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

YES 13

NO 21

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
N

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
E

Dennis
N
Linkhart
Y
Reeves
Y
Wham
N

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

Senator Hernandez moved to amend the Report of the Committee of the Whole to show

that the following Hernandez, Pascoe, Reeves, and Rupert amendment, made to SB99-215 as amended, did pass:

Amend printed bill, page 151, after line 6, insert the following:

CASH

ITEM & FUNDS

SUBTOTAL EXEMPT

$ $

"(8) Family Development

Centers 960,000 960,000h".

Adjust affected totals accordingly.

Page 151, after line 15, insert the following:

"h This amount shall be from reserves in the Family Issues Cash Fund pursuant to Section 26-5.3-106 (1.5), C.R.S.".

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

YES 14

NO 20

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
N

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
E

Dennis
N
Linkhart
Y
Reeves
Y
Wham
N

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
Y

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

Senator Arnold moved to amend the Report of the Committee of the Whole to show

that the following Arnold amendment, made to SB99-215 as amended, did pass:

Amend printed bill, page 290, line 6, in the ITEM & SUBTOTAL column, strike "1,717,754" and substitute "1,498,428", in the CASH FUNDS column, strike "858,877a" and substitute "749,214a", and, in the CASH FUNDS EXEMPT column, strike "858,877b" and substitute "749,214b";

line 7, in the ITEM & SUBTOTAL column, strike "(34.0 FTE)" and substitute "(29.0 FTE)";

line 8, in the ITEM & SUBTOTAL column, strike "112,418" and substitute "79,598", in the CASH FUNDS column, strike "56,209a" and substitute "39,799a", and, in the CASH FUNDS EXEMPT column, strike "56,209b" and substitute "39,799b".

Adjust affected totals accordingly.

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

YES 18

NO 16

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
N
Tebedo
Y

Arnold
Y
Hernandez
N
Owen
N
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
N
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
E

Dennis
Y
Linkhart
N
Reeves
N
Wham
Y

Dyer
N
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
Y

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

Senator Pascoe moved to amend the Report of the Committee of the Whole to show

that the following Pascoe amendment, made to SB99-215 as amended, did pass:

Amend printed bill, page 141, line 1, in the GENERAL FUND column, strike "8,838,860" and substitute "8,638,860" and, in the FEDERAL FUNDS column, strike "124,724,559b" and substitute "124,924,559b".

Adjust affected totals accordingly.

Page 356, line 3, in the ITEM & SUBTOTAL column, strike "962,154" and substitute "1,162,154" and, in the GENERAL FUND column, strike "763,901(M)" and substitute "963,901(M)".

Adjust affected totals accordingly.

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

YES 14

NO 20

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
N

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
Y

Congrove
N
Lamborn
N
Phillips
Y
Weddig
E

Dennis
N
Linkhart
Y
Reeves
Y
Wham
N

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

Senator Chlouber moved to amend the Report of the Committee of the Whole to show

that the following Chlouber amendment made to SB99-215 as amended, did pass:

Amend printed bill, page 370, line 3, in the ITEM & SUBTOTAL column, strike "3,518,929" and substitute "3,340,498" and, in the CASH FUNDS EXEMPT column, strike "540,699(T)b" and substitute "362,268(T)b";

line 4, in the CASH FUNDS EXEMPT column, strike "(9.0 FTE)" and substitute "(6.0 FTE)";

line 5, in the ITEM & SUBTOTAL column, strike "250,693" and substitute "245,070" and, in the CASH FUNDS EXEMPT column, strike "17,040(T)b" and substitute "11,417(T)b".

Adjust affected totals and affected (T) notation totals accordingly.

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

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

Senator Phillips moved to amend the Report of the Committee of the Whole to show

that the following Phillips, Pascoe, Reeves, and Rupert amendment, made to SB99-215 as amended, did not pass:

Amend printed bill, page 124, line 4, in the TOTAL column, strike "3,227,090" and substitute "3,727,090" and, in the CASH FUNDS EXEMPT column, strike "3,227,090(T)a" and substitute "3,727,090(T)a".

Adjust affected totals and affected (T) notation totals accordingly.

Page 141, line 1, in the GENERAL FUND column, strike "8,838,860" and substitute "8,338,860" and, in the FEDERAL FUNDS column, strike "124,724,559b" and substitute "125,224,559b".

Adjust affected totals accordingly.

Page 264, line 4, in the ITEM & SUBTOTAL column, strike "3,227,090" and substitute "3,727,090" and, in the GENERAL FUND column, strike "3,119,890" and substitute "3,619,890".

Adjust affected totals accordingly.

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

YES 12

NO 21

EXCUSED 2

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
N

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
E

Dennis
N
Linkhart
E
Reeves
Y
Wham
N

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Wattenberg, 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:

SB99-215 as amended and SB99-216 as amended declared passed on Second Reading.

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Friday, March 26, was laid over until Monday, March 29, retaining its place on the calendar.

______________________________

COMMITTEE OF REFERENCE REPORTS

Trans- After consideration on the merits, the committee recommends that SB99-151 be

portation amended as follows and, as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 2, line 6, after "(1)", insert "(a)";

line 8, strike "WITHIN ANY";

strike lines 9 and 10;

line 11, strike "COUNTIES, OR BOTH,";

line 12, strike "RAIL, IMPROVE THE EFFICIENCY OF" and substitute "RAIL. SUCH SYSTEMS SHALL NOT BE OPERATED FOR THE PURPOSE OF CARRYING CARGO OR FREIGHT FOR PROFIT OR HIRE.";

strike lines 13 and 14 and substitute the following:

"(b)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRARY CONCERNING THE AUTHORITY OF A METROPOLITAN DISTRICT TO IMPOSE A TAX, A METROPOLITAN DISTRICT CREATED PURSUANT TO THIS SECTION SHALL ONLY HAVE THE AUTHORITY TO IMPOSE TAX AS SPECIFICALLY PROVIDED IN THIS SECTION.

(c)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRARY, A METROPOLITAN DISTRICT CREATED PURSUANT TO THIS SECTION SHALL HAVE AN APPOINTED BOARD. EACH MUNICIPALITY AND EACH COUNTY THAT LIES IN WHOLE OR IN PART WITHIN ONE MILE OF ANY RAIL TRANSIT ALIGNMENT SPECIFIED IN THE SERVICE PLAN SHALL BE ELIGIBLE TO APPOINT A MEMBER TO THE DISTRICT'S BOARD. FOR THE PURPOSES OF THIS PARAGRAPH (c), A CITY AND COUNTY SHALL BE CONSIDERED A MUNICIPALITY; EXCEPT THAT IT SHALL BE ELIGIBLE TO APPOINT TWO MEMBERS TO THE DISTRICT'S BOARD. A BOARD SHALL HAVE A MINIMUM OF FIVE MEMBERS. IN THE EVENT THAT THERE ARE MORE THAN THREE ENTITIES ELIGIBLE TO APPOINT MEMBERS TO THE BOARD, THE DISTRICT'S BOARD SHALL CONSIST OF A NUMBER OF MEMBERS EQUAL TO ONE AND ONE­ HALF TIMES THE NUMBER OF ENTITIES ELIGIBLE TO APPOINT MEMBERS TO THE BOARD, ROUNDED DOWN TO THE NEXT WHOLE NUMBER. IF A DISTRICT'S SERVICE PLAN HAS MORE THAN ONE ENTITY ELIGIBLE TO APPOINT A MEMBER TO THE BOARD PURSUANT TO THIS PARAGRAPH (c), THE PETITIONERS SHALL OBTAIN AN ESTIMATE FROM THE STATE ESTIMATING THE POPULATION WITHIN EACH MUNICIPALITY, CITY AND COUNTY, AND THE UNINCORPORATED PORTION OF A COUNTY ELIGIBLE TO APPOINT A MEMBER TO THE BOARD. SUCH ESTIMATE SHALL BE OBTAINED AT THE EXPENSE OF THE PETITIONERS. THE ELIGIBLE APPOINTING ENTITIES SHALL BE LISTED IN DESCENDING ORDER BASED UPON SUCH POPULATION ESTIMATE. APPOINTING AUTHORITIES SHALL BE GRANTED THE RIGHT TO MAKE APPOINTMENTS IN TURN IN THE ORDER SET FORTH ON THE LIST UNTIL THE REQUIRED NUMBER OF APPOINTEES IS REACHED. A MEMBER APPOINTED PURSUANT TO THIS PARAGRAPH SHALL RESIDE WITHIN THE BOUNDARIES OF THE ENTITY THAT APPOINTED SUCH MEMBER. MEMBERS APPOINTED PURSUANT TO THIS PARAGRAPH (c) SHALL BE APPOINTED WITHIN THIRTY DAYS AFTER THE APPROVAL OF THE SERVICE PLAN. A MEMBER SHALL SERVE AT THE PLEASURE OF HIS OR HER APPOINTING AUTHORITY AND SHALL SERVE FOR A TERM OF TWO YEARS. NO MEMBER SHALL SERVE FOR MORE THAN FOUR CONSECUTIVE TERMS.".

Page 3, line 6, strike "OF TRANSPORTATION" and substitute "TO TRANSPORT PASSENGERS";

line 8, before "IF" insert "THE SERVICE PLAN OF A METROPOLITAN DISTRICT CREATED PURSUANT TO THIS SECTION SHALL IDENTIFY ALL POTENTIAL RAIL TRANSIT ALIGNMENTS THE DISTRICT MAY SERVE.";

line 9, strike "EXTENDING" and substitute "WITHIN THE BOUNDARIES OF THE REGIONAL TRANSPORTATION DISTRICT, AS DESCRIBED IN ARTICLE 9 OF THIS TITLE THAT EXTENDS";

line 22, after the period, add "IF SUCH DISTRICT ENCOMPASSES AN AREA THAT IS ENTIRELY OUTSIDE THE BOUNDARIES OF THE REGIONAL TRANSPORTATION DISTRICT, SUCH PLAN SHALL BE SUBJECT TO APPROVAL BY THE GOVERNING BODIES OF THE AREAS INTO WHICH THE DISTRICT EXTENDS AS REQUIRED IN PART 2 OF THIS ARTICLE.".

Page 4, line 7, after "STATION." insert "THE PLAN SHALL ALSO INCLUDE THE SHARE OF ALL ROLLING STOCK AND FREIGHT MITIGATION COSTS OF THE SERVICE DESCRIBED IN THE METROPOLITAN DISTRICT'S SERVICE PLAN THAT IS ATTRIBUTED TO PROVIDING SERVICE TO THIS STATION. UP TO TEN PERCENT OF THE COSTS OF THE TRANSIT STATION SERVICE PLAN MAY BE ALLOCATED FOR THE PURCHASE OF LAND, DEVELOPMENT RIGHTS, OR OTHER REAL PROPERTY LYING OUTSIDE THE TRANSIT STATION IMPACT AREA BUT WITHIN THE BOUNDARIES OF AN ENTITY THAT APPROVED THE METROPOLITAN DISTRICT'S SERVICE PLAN PURSUANT TO THIS SUBSECTION (4) FOR THE PURPOSE OF EFFECTUATING LAND USES THAT PROMOTE OPEN SPACE OR LOW DENSITY LAND USES AWAY FROM THE STATIONS OR THAT WOULD CONCENTRATE DEVELOPMENT TOWARD THE STATIONS.";

line 9, strike "PLAN." and substitute "PLAN AND THE DISTRICT'S SERVICE PLAN.";

strike lines 23 through 26 and substitute the following:

"TO EACH MUNICIPALITY, IF ANY, IN WHICH ANY PARCEL IDENTIFIED IN THE TRANSIT STATION IMPACT AREA IS LOCATED AND TO EACH COUNTY IN WHICH ANY PARCEL IDENTIFIED IN THE TRANSIT STATION IMPACT AREA THAT IS NOT INCORPORATED INTO A MUNICIPALITY IS LOCATED. THE BOARD OF THE METROPOLITAN DISTRICT SHALL ALSO SUBMIT A REPORT TO SUCH MUNICIPALITIES AND COUNTIES. THE REPORT SHALL INCLUDE AT A MINIMUM, THE FOLLOWING INFORMATION CONCERNING THE PLAN:

(I)  THE ESTIMATED DURATION OF TIME TO COMPLETE THE TRANSIT STATION CONSTRUCTION PROJECT;

(II)  THE ESTIMATED ANNUAL PROPERTY TAX INCREMENT TO BE GENERATED BY THE TRANSIT STATION IMPACT AREA AND THE PORTION OF SUCH PROPERTY TAX INCREMENT TO BE ALLOCATED DURING THIS PERIOD TO FUND THE TRANSIT STATION CONSTRUCTION PROJECT; AND

(III)  ANY OTHER ESTIMATED IMPACTS OF THE TRANSIT STATION PROJECT ON COUNTY SERVICES OR REVENUES.

(d)  THE MUNICIPALITIES AND COUNTIES SPECIFIED IN PARAGRAPH (c) SHALL REVIEW THE PROPOSED TRANSIT STATION PLAN AND EITHER APPROVE THE PLAN OR MAKE WRITTEN".

Reletter succeeding paragraphs accordingly.

Page 5, strike line 1;

line 4, strike "THE PLANNING COMMISSION SHALL SUBMIT ITS";

strike lines 5 through 12.

Page 6, line 4, strike "WHOLE." and substitute "WHOLE AND HAS BEEN APPROVED BY ALL ENTITIES AS REQUIRED BY PARAGRAPH (c) OF THIS SUBSECTION (4).";

strike lines 5 through 26 and substitute the following:

"(f)  ANY METROPOLITAN DISTRICT CREATED PURSUANT TO THIS SECTION THAT IS WITHIN ANY PORTION OF THE REGIONAL TRANSPORTATION DISTRICT SHALL NOTIFY THE REGIONAL TRANSPORTATION DISTRICT OF THE METROPOLITAN DISTRICT'S PLAN TO OBTAIN FINANCING FOR THE CONSTRUCTION OF IMPROVEMENTS AND SHALL INFORM THE REGIONAL TRANSPORTATION DISTRICT IF THE METROPOLITAN DISTRICT IS REQUESTING THAT THE REGIONAL TRANSPORTATION DISTRICT CONSTRUCT, OPERATE, OR CONTRIBUTE FINANCIALLY TO THE OPERATION OF THE SERVICE DESCRIBED IN THE METROPOLITAN DISTRICT'S SERVICE PLAN. THE REGIONAL TRANSPORTATION DISTRICT MAY APPROVE OR REJECT SUCH REQUEST. THE REGIONAL TRANSPORTATION DISTRICT SHALL APPROVE ANY SYSTEM IT WILL CONSTRUCT, OPERATE, OR CONTRIBUTE FINANCIALLY TO THE OPERATION THEREOF PRIOR TO THE METROPOLITAN DISTRICT COLLECTING ANY TAX REVENUES PURSUANT TO SUBSECTION (5) OF THIS SECTION. IF THE REGIONAL TRANSPORTATION DISTRICT IS REQUESTED TO OPERATE OR CONTRIBUTE FINANCIALLY TO THE OPERATION OF ANY PORTION OF ANY SYSTEM THAT THE REGIONAL TRANSPORTATION DISTRICT WILL NOT CONSTRUCT, SUCH SYSTEM SHALL BE CONSTRUCTED AND TAXES SHALL BE COLLECTED PURSUANT TO SUBSECTION (5) ONLY IF THE REGIONAL TRANSPORTATION DISTRICT DETERMINES THAT THERE IS SUFFICIENT REVENUE FOR THE OPERATION OF THE SYSTEM AND APPROVES THE OPERATIONS PLAN FOR THE SYSTEM.".

Page 7, line 22, strike "TRANSIT STATION" and substitute "SYSTEM TO TRANSPORT THE PUBLIC BY RAIL, IMPROVE THE EFFICIENCY OF RAIL FREIGHT OPERATIONS, OR MITIGATE THE EFFECT OF RAIL FREIGHT OPERATIONS ON PASSENGER CAR MOBILITY AND SAFETY.";

strike line 23.

Page 8, line 1, strike "AREA" and substitute "AREAS LOCATED WITHIN SUCH SYSTEM";

strike lines 7 through 9.

Renumber succeeding subsections accordingly.

Page 9, after line 17, insert the following:

"(10)  ELECTIONS FOR THE ORGANIZATION OF A NEW METROPOLITAN DISTRICT CREATED PURSUANT TO THIS SECTION OR TO SUBMIT A QUESTION TO THE ELIGIBLE ELECTORS OF A METROPOLITAN DISTRICT CREATED PURSUANT TO THIS SECTION PURSUANT TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SHALL BE CONDUCTED IN ACCORDANCE WITH PART 8 OF THIS ARTICLE.".

Renumber succeeding subsection accordingly.

On motion of Senator Blickensderfer, the Senate adjourned until 10:00 a.m., Monday,

March 29, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate