Untitled

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

118^th Legislative Day Monday, May 3, 1999

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

Order

Prayer By the chaplain, The Honorable Dennis Gallagher, Denver.

Roll Call Present--Total, 35.

Quorum The President announced a quorum present.

Reading of On motion of Senator Musgrave, reading of the Journal of April 30^th was

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-238.

Services

Correctly enrolled: SB 99-1, 4, 147, 164, 165.

Correctly revised: HB 99-1102, 1110, 1329, 1332, 1336, 1339, 1351, 1353, 1368, 1372, 1374, 1375, 1377

COMMITTEE OF REFERENCE REPORT

Health, The Committee on Health, Environment, Welfare and Institutions has had under

Environment, consideration and has had a hearing on the following appointment and recommends that

Welfare and the appointment be confirmed:

Institutions

UNIVERSITY OF COLORADO HOSPITAL AUTHORITY

BOARD OF DIRECTORS

Leslie R. Fowler, a resident of the Second Congressional District, reappointed, effective October 1, 1997 and expiring on September 30, 2001;

Mike A. Leprino, a resident of the First Congressional District, appointed, effective May 18, 1998 and expiring on September 30, 2001.

Sally Hopper, a resident of the Sixth Congressional District, appointed, effective August 1, 1998 and expiring on September 30, 1999.

SIGNING OF BILLS

The President has signed: SB99-1, 4, 147, 164, 165.

The President has signed: HB99-1024, 1164, 1179, 1198, 1203.

______________________________

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 SJR99-041, SJR99-038, and SJR 99-045.

______________________________

SJR 99-041 by Senator Chlouber; also Representative Spradley--Concerning declaration of the week of May 2, 1999, through May 8, 1999, to be correctional employees appreciation week.

On motion of Senator Chlouber, the Resolution was adopted by the following roll call vote:

YES 35

NO 0

EXCUSED 0

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
Y
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

Co-sponsors added: Anderson, Andrews, Arnold, Blickensderfer, Congrove, Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.

SJR 99-038 by Senators Dyer and Wattenberg; also Representative Larson--Concerning honoring

Daries Charles "Chuck" Lile.

On motion of Senator Dyer, the Resolution was adopted by the following roll call vote:

Co-sponsors added: Anderson, Andrews, Arnold, Blickensderfer, Chlouber, Congrove, Dennis, Epps, Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Weddig, Wham.

SJR 99-045 by Senator Pascoe; also Representative Coleman--Concerning the encouragement of voluntary contributions by Coloradans in support of the national World War II memorial.

On motion of Senator Pascoe, the Resolution was adopted by the following roll call vote:

Co-sponsors added: Anderson, Andrews, Arnold, Blickensderfer, Chlouber, Congrove, Dennis, Dyer, Epps, Evans, Feeley, Hernandez, Hillman, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen, Perlmutter, Phillips, Powers, Reeves, Rupert, Sullivant, Tanner, Tebedo, Teck, Thiebaut, Wattenberg, Weddig, Wham.

THIRD READING OF BILLS--FINAL PASSAGE

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

HB 99-1364 by Rep. Dean; Senator Sullivant--Photo Radar Devices

Call of Call of Senate.

Senate

Call Raised.

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

YES 18

NO 17

EXCUSED 0

ABSENT 0

Anderson
N
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
N

Dennis
N
Linkhart
N
Reeves
N
Wham
N

Dyer
N
Martinez
N
Rupert
N
Mr. President
Y

Epps
N
Matsunaka
Y
Sullivant
Y

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

IMMEDIATE RECONSIDERATION OF HB99-1364

HB 99-1364 by Rep. Dean; Senator Sullivant--Photo Radar Devices

Having voted on the prevailing side, Senator Sullivant moved for immediate

reconsideration of HB99-1364.

Immediate reconsideration was denied by the following roll call vote:

YES 17

NO 18

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
N
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
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
N

Epps
Y
Matsunaka
N
Sullivant
N

THIRD READING OF BILLS--FINAL PASSAGE--CONTINUED

HB 99-1368 by Rep. Spradley; Senator Anderson--Real Estate Title Incentives

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

YES 33

NO 2

EXCUSED 0

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
N
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
N
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsor added: Tebedo

HB 99-1110 by Rep. Fairbank; Sen. Thiebaut--Fair Campaign Practices Act

Call of Call of Senate.

Senate

Call Raised.

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

Third Reading Amendment No. 1, by Senator Thiebaut

Amend revised bill, page 2, line 12, strike "No" and substitute "EXCEPT AS PROVIDED IN SUBSECTION (5) OF THIS SECTION, no".

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 19

NO 16

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
N
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
N
Nichol
Y
Tebedo
Y

Arnold
N
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
N

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
Y

Dennis
Y
Linkhart
N
Reeves
N
Wham
N

Dyer
N
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
N

A majority of all members elected to the Senate having voted in the affirmative, the bill

as amended was declared PASSED.

Co-sponsor added: Andrews.

IMMEDIATE RECONSIDERATION OF HB99-1110

HB 99-1110 by Rep. Fairbank; Sen. Thiebaut--Fair Campaign Practices Act

Having voted on the prevailing side, Senator Thiebaut moved for immediate

reconsideration of HB99-1110.

Immediate reconsideration was denied by the following roll call vote:

YES 16

NO 19

EXCUSED 0

ABSENT 0

Anderson
N
Evans
Y
Musgrave
N
Tanner
N

Andrews
N
Feeley
Y
Nichol
N
Tebedo
N

Arnold
Y
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
N

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
Y

Congrove
N
Lamborn
N
Phillips
Y
Weddig
N

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
Y

THIRD READING OF BILLS--FINAL PASSAGE--CONTINUED

HB 99-1374 by Rep. Berry; Senator Lacy--Affiliates Of Child Care Licensees

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

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsors added: Hernandez, Linkhart, Wham.

HB 99-1329 by Rep. Dean; Senator Lacy--Regulation Of Bail Bonding Agents

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

YES 23

NO 12

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
N
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
N
Pascoe
N
Thiebaut
N

Chlouber
N
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
N
Wham
Y

Dyer
N
Martinez
Y
Rupert
N
Mr. President
N

Epps
Y
Matsunaka
Y
Sullivant
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsors added: Owen, Tebedo, Wattenberg.

HB 99-1332 by Rep. Taylor; Senator Blickensderfer--Tuition Assistance For Colo Nat'l Guard

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

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsors added: Congrove, Hernandez, Lamborn, Musgrave, Tebedo.

HB 99-1102 by Rep. Young; Sen. Teck--Public/Private Coordinate Telecom

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

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsors added: Chlouber, Reeves, Wattenberg.

HB 99-1339 by Rep. Pfiffner; Senator Teck--Entities For Children Prop Tax Exempt

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

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsors added: Hernandez, Pascoe, Rupert, Weddig.

HB 99-1351 by Rep. Mitchell; Senator Teck--Regional Haze Pollution

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

YES 24

NO 11

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
Y

Dennis
Y
Linkhart
N
Reeves
N
Wham
Y

Dyer
Y
Martinez
Y
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsors added: Lamborn, Tebedo.

HB 99-1353 by Rep. Gotlieb; Senator Wham--Outofstate Offender Notification

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

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsors added: Blickensderfer, Lamborn, Nichol, Pascoe, Perlmutter, Powers, Tebedo, Weddig.

HB 99-1377 by Rep. Plant--Sales & Use Tax Exempt For Veterans' Org

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

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsors added: Chlouber, Congrove, Dyer, Epps, Evans, Hernandez, Musgrave, Nichol, Owen, Phillips, Reeves, Rupert, Sullivant, Tebedo, Teck, Weddig.

HB 99-1372 by Rep. May; Senator Lacy--Innovation & Technology Office

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

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsors added: Blickensderfer, Hernandez, Lamborn, Powers, Tebedo, Teck.

HB 99-1375 by Rep. King; Senator Anderson--John Irwin Excellent Schools Program

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

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsors added: Blickensderfer, Congrove, Dyer, Epps, Evans, Hernandez, Hillman, Martinez, Matsunaka, Nichol, Pascoe, Phillips, Reeves, Sullivant, Tebedo, Teck, Weddig.

HB 99-1336 by Representatives Scott; also Senator Evans--Maturity date for certain pub funds.

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

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsors added: Hernandez, Reeves.

HB 99-1366 by Rep. Larson; Senator Arnold--Bolstering Child Safety

Laid over until later in the day, May 3, retaining its place on the calendar.

______________________________

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 Conference Committee Reports.

______________________________

CONSIDERATION OF CONFERENCE COMMITTEE REPORTS

SB 99-143 by Sen. Perlmutter; Rep. Kaufman--Consumer Protection Act

Senator Perlmutter moved for the adoption of the First Report of the First Conference

Committee on SB99-143, printed in Senate Journal, April 20, pages 875-876. The motion

was adopted by the following roll call vote:

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

YES 26

NO 9

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
N
Nichol
N
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
Y

Dennis
Y
Linkhart
N
Reeves
N
Wham
Y

Dyer
Y
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill,

as amended, was declared REPASSED.

HB 99-1039 by Rep. Clapp; Sen. Hillman--Prospective School Employees

Senator Hillman moved for the adoption of the First Report of the First Conference

Committee on HB99-1039, printed in Senate Journal, April 30, page 1072. The motion

was adopted by the following roll call vote:

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

YES 28

NO 7

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
N
Wham
Y

Dyer
Y
Martinez
Y
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
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: Blickensderfer, Evans.

APPOINTMENTS TO CONFERENCE COMMITTEES

HB 99-1311 by Rep. Spradley; Senator Owen--TABOR Refund Based On Personal Prop Tax

The President appointed Senators Owen, Chairman, Teck and Phillips as Senate Conferees on the First Conference Committee on HB99-1311.

HB 99-1207 by Rep. McPherson; Senator Lamborn--Reduce State Income Tax Rate

The President appointed Senators Lamborn, Chairman, Teck and Dyer as Senate Conferees on the First Conference Committee on HB99-1207.

HB 99-1137 by Rep. Taylor; Sen. Blickensderfer--Personal Income Tax Modifications

The President appointed Senators Blickensderfer, Chairman, Teck and Hernandez as Senate Conferees on the First Conference Committee on HB99-1137.

HB 99-1237 by Rep. Pfiffner; Senator Andrews--Elim State Income Tax On Capital Gains

The President appointed Senators Andrews, Chairman, Teck and Dyer as Senate Conferees on the First Conference Committee on HB99-1237.

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

HJR 99-1047 by Representatives Taylor and Miller; also Senator Wattenberg--Concerning reconsideration of the federal Environmental Protection Agency's implementation of the "Regional Haze Rule".

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

May 4.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB991235

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

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 HB991235, concerning genetic testing of persons convicted of offenses, and making an appropriation therefor, 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 6, strike lines 23 through 26, and substitute the following:

"SECTION 7. Appropriation adjustment in 1999 long bill. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of public safety for allocation to the Colorado bureau of investigation, for the fiscal year beginning July 1, 1999, the sum of three hundred thirtyfive thousand nine hundred ten dollars ($335,910) and 2.0 FTE, or so much thereof as may be necessary, for the implementation of this act.

(2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the judicial department for allocation to probation and related services, for the fiscal year beginning July 1, 1999, the sum of two thousand nine hundred fifty dollars ($2,950), or so much thereof as may be necessary, for the implementation of this act.

(3) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 1999, shall be adjusted as follows:

(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by three hundred thirtyeight thousand eight hundred sixty dollars ($338,860).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by three hundred thirtyeight thousand eight hundred sixty dollars ($338,860).".

Page 7, strike lines 1 through 12.

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. William Kaufman, Chair Sen. Dottie Wham, Chair

Rep. Jennifer Veiga Sen. Ed Perlmutter

Rep. Glenn Scott Sen. Elsie Lacy

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

COMMITTEE OF REFERENCE REPORTS

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB99-1254

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

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

and Labor

EXAMINING BOARD OF PLUMBERS:

for a term expiring July 1, 2002:

Richard Johnson of Colorado Springs, Colorado, to serve as a representative of plumbing contractors and as a Republican, appointed.

Finance After consideration on the merits, the committee recommends that the following be postponed indefinitely: HB99-1348

MESSAGE FROM THE HOUSE:

May 3, 1999

Mr. President:

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

SB99-154, amended as printed in House Journal, April 29, page 1593;

SB99-218, amended as printed in House Journal, April 29, page 1592.

The House has adopted and returns herewith SJR99-041.

The House voted to lay over HB99-1108, deeming it lost.

The House has voted to concur in the Senate amendments to HB99-1168, 1306, 1335, 1359 and 1367 and has repassed the bills as so amended.

The House concurred in the Senate amendments to HB99-1344 on April 30 as printed in House Journal and has repassed the bill as so amended on May 3.

The House has voted not to concur in the Senate amendments to HB99-1313 and `requests that a conference committee be appointed. The Speaker has appointed Representatives Alexander, chairman, Taylor, and Miller as House conferees on the First Conference Committee on HB99-1313. The bill is transmitted herewith.

In response to the request of the Senate, the Speaker has appointed Representatives Young, chairman, Scott, and Hagedorn as House conferees on the First Conference Committee on SB99-088.

In response to the request of the Senate for a Second Conference Committee on HB99-1188, the House has dissolved the First Conference Committee and the Speaker has appointed Representatives Kaufman, chairman, Hefley and Coleman as House Conferees on the Second Conference Committee on HB99-1188. The House has voted to authorize the House conferees to consider matters nota at issue between the two houses. The bill is transmitted herewith.

MESSAGE FROM THE REVISOR

May 3, 1999

We herewith transmit:

without comment, as amended, SB99-154 and 218.

APPOINTMENTS TO CONFERENCE COMMITTEE

HB 99-1313 by Rep. Alexander; Senator Teck--Wildlife Commission Operation

The President appointed Senators Teck, Chairman, Wattenberg and Dyer as Senate Conferees on the First Conference Committee on HB99-1313.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB991253

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

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 HB991253, concerning statements made by juveniles during custodial interrogations, 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 1, strike lines 6 and 7 and substitute the following:

"JUVENILE SHALL NOT BE INADMISSIBLE INTO EVIDENCE BY REASON OF THE";

line 8, strike "NOTWITHSTANDING THE".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Shawn D. Mitchell, Chair Sen. Doug Lamborn

Rep. Nancy Spence Sen. Mark Hillman

Sen. Frank Weddig

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB991313

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

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 HB991313, concerning the wildlife commission, and, in connection therewith, changing the meeting schedule, operation, and composition of the wildlife commission, 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, line 6, strike "VOTING";

line 7, after "one", insert "VOTING";

line 8, after "TWO", insert "VOTING".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Kay L. Alexander, Chair Sen. Ronald J. Teck, Chair

Rep. Jack Taylor Sen. Dave Wattenberg

Rep. Carl Miller Sen. Jim Dyer

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB991337

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

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 HB991337, concerning electronic transactions, 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 5, strike lines 15 through 19, and substitute the following:

"ELECTRONIC SIGNATURES.".

Page 7, line 12, after "(3)" insert "(a)";

line 13, strike everything after the period, and substitute "PUBLIC ENTITIES MAY REQUIRE THE USE OF ELECTRONIC SIGNATURES FOR PARTICULAR APPLICATIONS WITHIN THEIR AUTHORITY WHERE MANDATORY USE OF ELECTRONIC SIGNATURES IS NOT IN CONFLICT WITH, OR PROHIBITED BY, STATE OR FEDERAL LAW.

(b) NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (3), THE DEPARTMENT OF REVENUE SHALL NOT SELL, PERMIT THE SALE OF, OR OTHERWISE RELEASE TO ANYONE OTHER THAN THE PERSON IN INTEREST ANY ELECTRONIC SIGNATURE FILED WITH, MAINTAINED BY, OR PREPARED BY THE DEPARTMENT OF REVENUE PURSUANT TO SECTION 422114 (1), C.R.S.; HOWEVER, NOTHING IN THIS SECTION SHALL PREVENT THE DEPARTMENT OF REVENUE FROM SHARING ANY INFORMATION WITH A CRIMINAL JUSTICE AGENCY AS DEFINED IN SECTION 2472302 (3).&QUOT;;

strike lines 14 through 17.

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Ron May, Chair Sen. Ronald J. Teck

Rep. Donald Lee Sen. Dave Wattenberg

Rep. Bob Hagedorn Sen. Terry L. Phillips

FIRST MAJORITY REPORT OF FIRST CONFERENCE

COMMITTEE ON HB991207

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

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 HB991207, concerning the reduction of the state income tax rate, and making an appropriation in connection therewith, has met, and a majority thereof 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, line 2, strike "IF";

strike lines 3 through 10 and substitute the following:

"A TAX OF FOUR AND THREEQUARTERS";

strike lines 13 through 19 and substitute the following:

"INDIVIDUAL, ESTATE, AND TRUST.".

Page 3, strike lines 6 through 26 and substitute the following:

"1, 1999, FOUR AND THREEQUARTERS PERCENT OF THE COLORADO NET INCOME.".

Page 4, strike lines 1 through 23.

Renumber succeeding sections accordingly.

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Gary McPherson, Chair Sen. Doug Lamborn

Rep. Steve Tool Sen. Ronald J. Teck

FIRST MINORITY REPORT OF FIRST

CONFERENCE COMMITTEE ON HB991207

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

THIS REPORT ADOPTS THE

REREVISED BILL

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

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB991207, concerning the reduction of the state income tax rate, and making an appropriation in connection therewith, has met, and a minority thereof reports that it has agreed upon the following:

That the House accede to the Senate amendments made to the bill and that the rerevised bill be adopted without change.

Respectfully submitted,

House Member: Senate Member:

(Signed) (Signed)

Rep. Todd Saliman Sen. Jim Dyer

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HJR99-1042

THIRD READING OF BILLS--FINAL PASSAGE

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

HB 99-1366 by Rep. Larson; Senator Arnold--Bolstering Child Safety

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

Third Reading Amendment No. 1, by Senator Wattenberg

Amend revised bill, page 1, strike lines 2 and 3, and substitute the following:

"SECTION 1. 424236 (3), Colorado Revised Statutes, is amended, and the said 42-4-236 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:".

Page 2, after line 1, insert the following:

"(b) Is being transported in a motor vehicle as a result of a medical emergency;

(b.5) IS THE VICTIM OF AN AUTOMOBILE ACCIDENT OR A DISABLED MOTOR VEHICLE AND WHO IS BEING TRANSPORTED BY A PERSON WHO IN GOOD FAITH RENDERS EMERGENCY TRANSPORTATION WITHOUT COMPENSATION IN A PRIVATELY OWNED NONCOMMERCIAL MOTOR VEHICLE IN WHICH ALL SEATING POSITIONS EQUIPPED WITH SAFETY BELTS OR CHILD RESTRAINT SYSTEMS ARE OCCUPIED;

(c) Is being transported in a commercial motor vehicle, as defined in section 422402 (4) (a), that is operated by a child care center; or

(d) Is the driver of a motor vehicle and is subject to the safety belt requirements provided in section 424237.

(9) NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW TO THE CONTRARY, ANY PERSON WHO IN GOOD FAITH AND WITHOUT COMPENSATION RENDERS EMERGENCY TRANSPORTATION TO A CHILD SHALL BE IMMUNE FROM CIVIL DAMAGES RESULTING FROM THE CHILD BEING TRANSPORTED WITHOUT A SAFETY BELT OR CHILD RESTRAINT SYSTEM PURSUANT TO PARAGRAPH (b.5) OF SUBSECTION (3) OF THIS SECTION.".

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

YES 16

NO 18

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
N
Musgrave
Y
Tanner
N

Andrews
N
Feeley
N
Nichol
N
Tebedo
Y

Arnold
N
Hernandez
N
Owen
Y
Teck
N

Blickensderfer
N
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
Y

Dennis
Y
Linkhart
N
Reeves
N
Wham
N

Dyer
N
Martinez
E
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

YES 23

NO 11

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
N
Pascoe
Y
Thiebaut
N

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
N

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
E
Rupert
Y
Mr. President
N

Epps
Y
Matsunaka
Y
Sullivant
N

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsors added: Linkhart, Pascoe, Rupert.

______________________________

CONSIDERATION OF CONFERENCE COMMITTEE REPORTS

HB 99-1253 by Rep. Mitchell; Senator Lamborn--Juvenile Statements In Custody

Senator Lamborn moved for the adoption of the First Report of the First Conference

Committee on HB99-1253, printed in Senate Journal, May 3, page 1111. The motion

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
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
E
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

YES 26

NO 8

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
N
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
N
Reeves
N
Wham
Y

Dyer
Y
Martinez
E
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill,

as amended, was declared REPASSED.

HB 99-1207 by Rep. McPherson; Senator Lamborn--Reduce State Income Tax Rate

Call of Call of Senate.

Senate

Call Raised.

Senator Lamborn moved for the adoption of the First Majority Report of the First

Conference Committee on HB99-1207, printed in Senate Journal, May 3, page 1113.

On a substitute motion, Senator Dyer moved for the adoption of the First Minority Report of the First Conference Committee on HB99-1207, printed in Senate Journal, May 3, page 1113.

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
Y

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
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
N

Dyer
Y
Martinez
E
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

Senator Lamborn renewed his motion for the adoption of the First Majority Report of the First Conference Committee on HB99-1207. The motion was adopted by the following

roll call vote:

YES 21

NO 13

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
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
Y

Dyer
N
Martinez
E
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
Y

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

A majority of allmembers elected to the Senate having voted in the affirmative, the bill, as

amended, was declared REPASSED.

IMMEDIATE RECONSIDERATION OF HB99-1207

HB 99-1207 by Rep. McPherson; Senator Lamborn--Reduce State Income Tax Rate

Having voted on the prevailing side, Senator Lamborn moved for immediate

reconsideration of HB99-1207.

Immediate reconsideration was denied by the following roll call vote:

YES 13

NO 21

EXCUSED 1

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

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
N
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
N

Dyer
Y
Martinez
E
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB991165

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

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 HB991165, concerning the unlawful use of taxexempt fuel, 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 1, line 5, strike "(a)".

Page 2, strike line 5; strike line 26.

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. William Kaufman, Chair Sen. Ken Arnold, Chair

Rep. Bill Swenson Sen. Ronald J. Teck

Rep. Frana Mace Sen. Jim Dyer

______________________________

CONSIDERATION OF CONFERENCE COMMITTEE REPORT

HB 99-1165 by Rep. Kaufman; Sen. Dyer--Monitoring Diesel Fuel Fraud

Senator Dyer moved for the adoption of the First Report of the First Conference

Committee on HB99-1253, printed in Senate Journal, May 3, pages 1117-1118. The motion was adopted by the following roll call vote:

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

YES 29

NO 5

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
N
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
N
Pascoe
Y
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
N
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
E
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill,

as amended, was declared REPASSED.

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

of the for consideration of General Orders and Senator Epps 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 99-1280 by Rep. McPherson; Senator Lamborn--Investment Recovery Act

(Amended in Special Orders as printed in Senate Journal, April 27, pages 976-977.)

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

(Printed in Senate Journal, April 29, pages 1044-1050.)

Amendment No. 2, by Senator Lamborn and Matsunaka

Amend the committee amendment, as printed in Senate Journal, April 29, page 1044, strike lines 17 through 72.

Strike pages 1045 through 1049.

Page 1050, strike lines 1 through 7, and substitute the following:

""SECTION 1. 2468102 (1) and (4), Colorado Revised Statutes, are amended, and the said 2468102 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

2468102. Definitions. As used in this article, unless the context otherwise requires:

(1) ~~"Landowner" means any owner of a legal or equitable interest in real property, and includes the heirs, successors, and assigns of such ownership interests.~~ &QUOT;APPLICATION&QUOT; MEANS A SUBSTANTIALLY COMPLETE APPLICATION FOR APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN THAT HAS BEEN SUBMITTED TO A LOCAL GOVERNMENT IN COMPLIANCE WITH APPLICABLE REQUIREMENTS ESTABLISHED BY THE LOCAL GOVERNMENT. FOR LOCAL GOVERNMENTS THAT HAVE PROVIDED FOR THE REVIEW AND APPROVAL OF SITE SPECIFIC DEVELOPMENT PLANS IN MULTIPLE STAGES, &QUOT;APPLICATION&QUOT; MEANS THE ORIGINAL APPLICATION AT THE FIRST STAGE IN ANY PROCESS THAT MAY CULMINATE IN THE ULTIMATE APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN.

(1.5) &QUOT;LANDOWNER&QUOT; MEANS ANY OWNER OF A LEGAL OR EQUITABLE INTEREST IN REAL PROPERTY, AND INCLUDES THE HEIRS, SUCCESSORS, AND ASSIGNS OF SUCH OWNERSHIP INTERESTS.

(4) (a) "Site specific development plan" means a plan ~~which~~ THAT has been submitted to a local government by a landowner or ~~his~~ SUCH LANDOWNER'S representative describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. Such plan may be in the form of, but need not be limited to, any of the following plans or approvals: A planned unit development plan, a subdivision plat, a specially planned area, a planned building group, a general submission plan, a preliminary or general development plan, a conditional or special use plan, a development agreement, or any other land use approval designation as may be utilized by a local government. What constitutes a site specific development plan under this article that would trigger a vested property right shall be finally determined by the local government either pursuant to ordinance or regulation or upon an agreement entered into by the local government and the landowner, and the document that triggers such vesting shall be so identified at the time of its approval.

(b) ~~A variance shall not constitute a site specific development plan.~~ "Site specific development plan" shall not include ~~a sketch plan as defined in section 3028101 (8), C.R.S., or~~ A VARIANCE, a preliminary plan as defined in section 3028101 (6), C.R.S., OR ANY OF THE FOLLOWING:

(I) A SKETCH PLAN AS DEFINED IN SECTION 3028101 (8), C.R.S.;

(II) A FINAL ARCHITECTURAL PLAN;

(III) PUBLIC UTILITY FILINGS; OR

(IV) FINAL CONSTRUCTION DRAWINGS AND RELATED DOCUMENTS SPECIFYING MATERIALS AND METHODS FOR CONSTRUCTION OF IMPROVEMENTS.

SECTION 2. Article 68 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

2468102.5. Applications approval by local government. (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2) OF THIS SECTION, AN APPLICATION FOR APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN AS WELL AS THE APPROVAL, CONDITIONAL APPROVAL, OR DENIAL OF APPROVAL OF THE PLAN SHALL BE GOVERNED ONLY BY THE DULY ADOPTED LAWS AND REGULATIONS IN EFFECT AT THE TIME THE APPLICATION IS SUBMITTED TO A LOCAL GOVERNMENT. FOR PURPOSES OF THIS SECTION, &QUOT;LAWS AND REGULATIONS&QUOT; INCLUDES ANY ZONING LAW OF GENERAL APPLICABILITY ADOPTED BY A LOCAL GOVERNMENT AS WELL AS ANY ZONING OR DEVELOPMENT REGULATIONS THAT HAVE PREVIOUSLY BEEN ADOPTED FOR THE PARTICULAR PARCEL DESCRIBED IN THE PLAN AND THAT REMAIN IN EFFECT AT THE TIME OF THE APPLICATION FOR APPROVAL OF THE PLAN.

(2) NOTWITHSTANDING THE LIMITATIONS CONTAINED IN SUBSECTION (1) OF THIS SECTION, A LOCAL GOVERNMENT MAY ADOPT A NEW OR AMENDED LAW OR REGULATION WHEN NECESSARY FOR THE IMMEDIATE PRESERVATION OF PUBLIC HEALTH AND SAFETY AND MAY ENFORCE SUCH LAW OR REGULATION IN RELATION TO APPLICATIONS PENDING AT THE TIME SUCH LAW OR REGULATION IS ADOPTED.

SECTION 3. 2468103 (1), Colorado Revised Statutes, is amended to read:

2468103. Vested property right establishment waiver. (1) (a) EACH LOCAL GOVERNMENT SHALL SPECIFICALLY IDENTIFY, BY ORDINANCE OR RESOLUTION, THE TYPE OR TYPES OF SITE SPECIFIC DEVELOPMENT PLAN APPROVALS WITHIN THE LOCAL GOVERNMENT'S JURISDICTION THAT WILL CAUSE PROPERTY RIGHTS TO VEST AS PROVIDED IN THIS ARTICLE. ANY SUCH ORDINANCE OR RESOLUTION SHALL BE CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE. EFFECTIVE JANUARY 1, 2000, IF A LOCAL GOVERNMENT HAS NOT ADOPTED AN ORDINANCE OR RESOLUTION PURSUANT TO SECTION 2468102 (4) SPECIFYING WHAT CONSTITUTES A SITE SPECIFIC DEVELOPMENT PLAN THAT WOULD TRIGGER A VESTED PROPERTY RIGHT, THEN RIGHTS SHALL VEST UPON THE APPROVAL OF ANY PLAN, PLAT, DRAWING, OR SKETCH, HOWEVER DENOMINATED, THAT IS SUBSTANTIALLY SIMILAR TO ANY PLAN, PLAT, DRAWING, OR SKETCH LISTED IN SECTION 2468102 (4).

(b) A vested property right shall be deemed established with respect to any property upon the approval, or conditional approval, of a site specific development plan, following notice and public hearing, by the local government in which the property is situated.

(c) ~~Such~~ A vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan including any amendments thereto. A local government may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such conditional approval shall result in a vested property right, although failure to abide by such terms and conditions will result in a forfeiture of vested property rights. A site specific development plan shall be deemed approved upon the effective date of the local government legal action, resolution, or ordinance relating thereto. Such approval shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication, in a newspaper of general circulation within the jurisdiction of the local government granting the approval, of a notice advising the general public of the site specific development plan approval and creation of a vested property right pursuant to this article. Such publication shall occur no later than fourteen days following approval.".

Renumber succeeding section accordingly.

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

Senator Blickensderfer 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 Epps, 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:

HB99-1280 as amended, declared passed on Second Reading.

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: HB99-1254

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

riations referred to the Senate for final action: HJR99-1042

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

riations postponed indefinitely: SB99-238

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

iations postponed indefinitely: SJR99-042

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

riations postponed indefinitely: SJR99-040

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

riations postponed indefinitely: SJR99-033

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

riations postponed indefinitely: HB99-1376

INTRODUCTION OF BILL--FIRST READING

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

SB 99-239 by Senators Lacy and Owen; also Representative Tool--Concerning an increase in the transfer of moneys from the general fund to the capital construction fund.

Appropriations

______________________________

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 House amendments to Senate bills.

______________________________

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS

SB 99-067 by Sen. Weddig; Rep. Grossman--Health Care For Aid To Needy Disabled

Senator Weddig moved that the Senate concur in House amendments to SB99-067, as

printed in House Journal, April 29, page 1554. The motion was adopted by the

following roll call vote:

YES 26

NO 0

EXCUSED 9

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
E

Andrews
Y
Feeley
E
Nichol
Y
Tebedo
E

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
E

Chlouber
Y
Lacy
Y
Perlmutter
E
Wattenberg
E

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
E
Reeves
Y
Wham
Y

Dyer
Y
Martinez
E
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
E
Sullivant
Y

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

A majority of all members elected to the Senate having voted in the affirmative, the bill,

as amended, was declared REPASSED.

SB 99-089 by Sen. Congrove; Rep. Paschall--Make Property Tax Valuations Accurate

Senator Congrove moved that the Senate concur in House amendments to SB99-089, as

printed in House Journal, April 29, page 1556. The motion was adopted by the

following roll call vote:

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

YES 24

NO 10

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
N
Nichol
N
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
Y

Dennis
Y
Linkhart
N
Reeves
N
Wham
N

Dyer
Y
Martinez
E
Rupert
N
Mr. President
N

Epps
Y
Matsunaka
Y
Sullivant
Y

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

SB 99-163 by Sen. Feeley; Rep. McPherson--Telecommunication Education Institute

Senator Feeley moved that the Senate concur in House amendments to SB99-163, as

printed in House Journal, April 29, pages 1555-1556 and April 30. The motion was adopted by the following roll call vote:

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

following vote:

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

SB 99-040 by Sen. Thiebaut; Rep. Smith--Statewide Transportation Policy

Senator Thiebaut moved that the Senate not concur in House amendments to SB99-040,

as printed in House Journal, April 27, pages 1494-1496, and that a Conference Committee

be appointed.

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

SB 99-173 by Sen. Dennis; Rep. Young--Colo Water Conservation Board Projects

Senator Dennis moved that the Senate concur in House amendments to SB99-173, as

printed in House Journal, April 29, pages 1555. The motion was adopted by the following roll call vote:

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

following vote:

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

Co-sponsors added: Evans, Powers.

SB 99-223 by Sen. Wham; Rep. Kaufman--Performance Evaluation Disputes

Senator Wham moved that the Senate concur in House amendments to SB99-223, as

printed in House Journal, April 29, page 1555. The motion was adopted by the following roll call vote:

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

following vote:

YES 33

NO 1

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
N

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
E
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

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

SB 99-229 by Sen. Teck; Rep. Allen--Higher Education Goals

Senator Teck moved that the Senate concur in House amendments to SB99-229, as

printed in House Journal, April 29, page 1558. The motion was adopted by the following roll call vote:

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

following vote:

YES 28

NO 6

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
N
Owen
N
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
E
Rupert
N
Mr. President
N

Epps
Y
Matsunaka
Y
Sullivant
Y

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

SB 99-154 by Sen. Evans; Rep. Gotlieb--Performance-based Teacher Ed

Senator Evans moved that the Senate not concur in House amendments to SB99-154 as printed in House Journal, April 29, page 1593, and that a Conference Committee be appointed.

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

The President appointed Evans, Chairman, Andrews and Pascoe as Senate Conferees

on the First Conference Committee on SB99-154.

CONFERENCE COMMITTEE GRANTED FURTHER POWERS

HB 99-1115 by Rep. Kaufman; Senator Wham--Domestic Violence

Senator Wham moved that the Senate Conferees on the First Conference Committee on HB99-1115 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 Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 15(c) was suspended for Consideration of Special Orders.

__________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB99-1187, 99-1369, 99-1371, 99-1194, 99-1360, 99-1380, 99-1383, 99-1345, 99-1373, 99-1381, 99-1254, were made Special Orders at 6:00 p.m..

__________________________

Committee The hour of 6:00 p.m. having arrived, Senator Epps moved that the Senate resolve

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

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

SPECIAL ORDERS--SECOND READING OF BILLS--6:00 P. M.

HB 99-1187 by Rep. Johnson; Senator Dennis--Bingo Regulation

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

(Printed in Senate Journal, April 30, pages 1077-1084.)

Amendment No. 2, by Senator Dennis

Amend the State, Veterans, and Military Affairs Committee amendment, as printed in Senate Journal, April 30, page 1077, strike lines 41 and 42, and substitute the following:

"Amend reengrossed bill, page 4, line 10, strike "CHARITABLE GAMING" and substitute "BINGO-RAFFLE ADVISORY".".

Page 1079, strike line 30, and substitute the following:

"line 9, strike "CHARITABLE GAMING" and substitute "BINGO-RAFFLE ADVISORY".";

strike lines 41 through 43, and substitute the following:

"line 19, strike "require or induce" and substitute "require, or induce, OR COERCE";

line 22, strike "require" and substitute "require, INDUCE, OR COERCE".".

Page 1080, strike lines 21 through 23, and substitute "PREMISES THAT ARE OWNED, LEASED, OR RENTED BY THE BINGO-RAFFLE LICENSEE,";

line 26, strike "GUESTS; OR" and substitute "GUESTS.";

strike line 28.

Page 1083, strike lines 10 through 12, and substitute the following:

"Page 42, line 1, strike "charitable gaming" and substitute "bingo-raffle advisory";

line 3, strike "CHARITABLE GAMING" and substitute "BINGO-RAFFLE ADVISORY";".

Page 1084, strike lines 49 through 53, and substitute the following:

"line 25, strike "CHARITABLE GAMING" and substitute "BINGO-RAFFLE ADVISORY".

Page 49, line 18, strike "CHARITABLE GAMING" and substitute "BINGO-RAFFLE ADVISORY".

Page 1, line 102, strike "CHARITABLE GAMING" and substitute "BINGO-RAFFLE ADVISORY".".

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

HB 99-1369 by Rep. Scott; Senator Lacy--State Pension Obligation Notes

(Amended in Special Orders as printed in Senate Journal, April 30, page 1089.)

Amendment No. 1, by Senator Andrews

Amend the Lacy floor amendment, as printed in Senate Journal, April 30, page 1089, line 12, strike "MAY" and substitute "SHALL" and strike "NOTES" and substitute "NOTES, TO THE EXTENT NECESSARY UNDER SECTION 20 (4)(b) OF THE STATE CONSTITUTION,".

Amend reengrossed bill, page 5, strike 13 through 16 and substitute the following:

"STATE CONSTITUTION, AND THE PROCEEDS OF THE SALE OF SUCH NOTES ARE NOT".

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

HB 99-1371 by Representative T. Williams; also Senator Owen--Concerning the sale of an individual health benefit plan to a business group of one self-employed applicant.

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

HB 99-1194 by Rep. Pfiffner; Senator Blickensderfer--State Personnel System

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

(Printed in Senate Journal, April 29, page 1050.)

Amendment No. 2, by Senator Blickensderfer

Amend reengrossed bill, page 2, line 16, strike "THE DEPARTMENT OF PERSONNEL" and substitute "THE STATE PERSONNEL DIRECTOR SHALL ENCOURAGE STATE AGENCIES TO IMPLEMENT PERFORMANCE EVALUATIONS OF EMPLOYEES THAT ARE AS OBJECTIVE AS POSSIBLE AND THAT, AS SOON AS POSSIBLE AND WHEREVER FEASIBLE, INCLUDE AN ASSESSMENT FROM MULTIPLE SOURCES OF EACH EMPLOYEE'S PERFORMANCE. SUCH SOURCES SHALL INCLUDE, WHERE APPLICABLE, THE EMPLOYEE'S SELFASSESSMENT, THE EMPLOYEE'S SUPERIORS, SUBORDINATES, PEERS, AND ANY OTHER APPLICABLE SOURCES OF AN EMPLOYEE'S PERFORMANCE. THE STATE PERSONNEL DIRECTOR".

Amendment No. 3, by Senator Wham

Strike the State, Veterans, and Military Affairs amendment, as printed in Senate Journal, April 29, page 1050, lines 20 through 30, and substitute the following:

"Amend reengrossed bill, page 4, strike lines 8 through 26 and substitute the following:

"SECTION 3. 2450703 (6) (b), Colorado Revised Statutes, is amended to read:

2450703. Agencybased personnel pilot program personnel guidelines and goals. (6) (b) The reports required pursuant to this subsection (6) shall be filed in accordance with section 241136 (9) AND WITH THE STATE PERSONNEL BOARD AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL.".

Renumber succeeding sections accordingly.

Strike pages 5 through 7.

Page 8, strike lines 7 through 10 and substitute the following:

"SECTION 5. 2450706, Colorado Revised Statutes, is amended to read:

2450706. Repeal of part. This part 7 is repealed, effective ~~December 31, 1999~~ JUNE 30, 2000. ANY STATE AGENCY PARTICIPATING IN A PILOT PROGRAM PURSUANT TO THIS PART 7 AS OF DECEMBER 31, 1999, MAY CONTINUE SUCH PROGRAM UNTIL JUNE 30, 2000.".".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see Roll Call Vote on page 1129.)

HB 99-1360 by Rep. Grossman; Senator Wham--Revisor's Bill

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, April 29, page 1050.)

Amendment No. 2, by Senator Wham

Amend reengrossed bill, page 31, after line 5, insert the following:

"SECTION 50. 211101 (1), Colorado Revised Statutes, is amended to read:

211101. Public defender policy commission. (1) The office of state public defender is hereby created and established as an agency of the judicial department of state government. The general assembly hereby declares that the state public defender at all times shall serve his clients independently of any political considerations or private interests, provide legal services to indigent persons accused of crime that are commensurate with those available to nonindigents, and conduct the office in accordance with the Colorado ~~code of professional responsibility~~ RULES OF PROFESSIONAL CONDUCT and with the American bar association standards relating to the administration of criminal justice, the defense function.".

Renumber succeeding section accordingly.

Amendment No. 3, by Senator Wham

Amend reengrossed bill, page 31, after line 5, insert the following:

"SECTION 50. 2320.3104 (3), Colorado Revised Statutes, as amended by Senate Bill 99163, enacted in the First Regular Session of the Sixtysecond General Assembly, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

2320.3104. Advisory board. (3) The advisory board shall consist of:

(a.5) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HIGHER EDUCATION OR HIS OR HER DESIGNEE;".

Renumber succeeding section accordingly.

Amendment No. 4, by Senator Wham

Amend reengrossed bill, page 31, after line 5, insert the following:

"SECTION 50. Section 13 of Senate Bill 99119, enacted at the First Regular Session of the Sixtysecond General Assembly, is amended to read:

SECTION 13. Effective date applicability. ~~(1)~~ This act shall take effect upon passage and sections 5 and 6 of this act shall apply to offenses committed on or after said date; except that sections 5 and 6 of this act shall only take effect if

~~(a)~~ section 422206, Colorado Revised Statutes, is amended in House Bill 991168 to change the penalty for driving with a revoked license from a class 6 felony to a class 1 misdemeanor and the final fiscal note for such bill shows prison bed savings and operating costs savings that are equal to or greater than the prison bed construction and operating costs shown in the final fiscal note for this act; and

~~(b)~~ House Bill 991168 is enacted and becomes law.".

Renumber succeeding section accordingly.

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

HB 99-1380 by Rep. Johnson; Senator Wattenberg--Hunting & Fishing Licenses For Youths

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

HB 99-1383 by Rep. McPherson--Earned Income Tax Credit

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 30, pages 1085-1086.)

Amendment No. 2, by Senator Lacy

Amend the Appropriations Committee amendment, as printed in Senate Journal, April 30, page 1085, line 7, strike "(6)" and substitute "(4)";

after line 7, insert the following:

"Page 3, strike lines 7 through 17 and substitute the following:

"(4) (a) IF, BASED ON THE FINANCIAL REPORT PREPARED BY THE CONTROLLER IN ACCORDANCE WITH SECTION 2477106.5, C.R.S., THE CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 1998, EXCEEDS THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION FOR THAT FISCAL YEAR BY LESS THAN FIFTY MILLION DOLLARS, THEN THE CREDIT AUTHORIZED BY SUBSECTION (1) OF THIS SECTION SHALL NOT BE ALLOWED FOR THE INCOME TAX YEAR COMMENCING ON JANUARY 1, 1999.

(b) IF, BASED ON THE FINANCIAL REPORT PREPARED BY THE CONTROLLER IN ACCORDANCE WITH SECTION 2477106.5, C.R.S., THE CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR ANY STATE FISCAL YEAR COMMENCING ON OR AFTER JULY 1, 1999, EXCEEDS THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION FOR THAT FISCAL YEAR BY LESS THAN FIFTY MILLION DOLLARS, AS ADJUSTED PURSUANT TO PARAGRAPH (c) OF THIS SUBSECTION (4), THEN THE CREDIT AUTHORIZED BY SUBSECTION (1) OF THIS SECTION SHALL NOT BE ALLOWED FOR THE INCOME TAX YEAR IN WHICH SAID STATE FISCAL YEAR ENDED.

(c) (I) NO LATER THAN OCTOBER 1 OF ANY GIVEN CALENDAR YEAR COMMENCING ON OR AFTER JANUARY 1, 2000, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL ANNUALLY ADJUST THE DOLLAR AMOUNT SPECIFIED IN PARAGRAPH (b) OF THIS SUBSECTION (4) TO REFLECT THE RATE OF GROWTH OF COLORADO PERSONAL INCOME FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE CALENDAR YEAR IN WHICH SUCH ADJUSTMENT IS MADE. FOR PURPOSES OF THIS SUBPARAGRAPH (I), &QUOT;THE RATE OF GROWTH OF COLORADO PERSONAL INCOME&QUOT; MEANS THE PERCENTAGE CHANGE BETWEEN THE MOST RECENT PUBLISHED ANNUAL ESTIMATE OF TOTAL PERSONAL INCOME FOR COLORADO, AS DEFINED AND OFFICIALLY REPORTED BY THE BUREAU OF ECONOMIC ANALYSIS IN THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE CALENDAR YEAR IN WHICH THE ADJUSTMENT IS MADE AND THE MOST RECENT PUBLISHED ANNUAL ESTIMATE OF TOTAL PERSONAL INCOME FOR COLORADO, AS DEFINED AND OFFICIALLY REPORTED BY THE BUREAU OF ECONOMIC ANALYSIS IN THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE CALENDAR YEAR PRIOR TO THE CALENDAR YEAR IMMEDIATELY PRECEDING THE CALENDAR YEAR IN WHICH THE ADJUSTMENT IS MADE.

(II) UPON CALCULATING THE ADJUSTMENT OF SAID DOLLAR AMOUNT IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH (c), THE EXECUTIVE DIRECTOR SHALL NOTIFY IN WRITING THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL CREATED PURSUANT TO SECTION 23301 (1), C.R.S., OF THE ADJUSTED DOLLAR AMOUNT AND THE BASIS FOR THE ADJUSTMENT. SUCH WRITTEN NOTIFICATION SHALL BE GIVEN WITHIN FIVE WORKING DAYS AFTER SUCH CALCULATION IS COMPLETED, BUT SUCH WRITTEN NOTIFICATION SHALL BE GIVEN NO LATER THAN OCTOBER 1 OF THE CALENDAR YEAR.

(III) IT IS THE FUNCTION OF THE EXECUTIVE COMMITTEE TO REVIEW AND APPROVE OR DISAPPROVE SUCH ADJUSTMENT OF SAID DOLLAR AMOUNT WITHIN TWENTY DAYS AFTER RECEIPT OF SUCH WRITTEN NOTIFICATION FROM THE EXECUTIVE DIRECTOR. ANY ADJUSTMENT THAT IS NOT APPROVED OR DISAPPROVED BY THE EXECUTIVE COMMITTEE WITHIN SAID TWENTY DAYS SHALL BE AUTOMATICALLY APPROVED; EXCEPT THAT, IF WITHIN SAID TWENTY DAYS THE EXECUTIVE COMMITTEE SCHEDULES A HEARING ON SUCH ADJUSTMENT, SUCH AUTOMATIC APPROVAL SHALL NOT OCCUR UNLESS THE EXECUTIVE COMMITTEE DOES NOT APPROVE OR DISAPPROVE SUCH ADJUSTMENT AFTER THE CONCLUSION OF SUCH HEARING. ANY HEARING CONDUCTED BY THE EXECUTIVE COMMITTEE PURSUANT TO THIS SUBPARAGRAPH (III) SHALL BE CONCLUDED NO LATER THAN TWENTYFIVE DAYS AFTER RECEIPT OF SUCH WRITTEN NOTIFICATION FROM THE EXECUTIVE DIRECTOR.

(IV) (A) IF THE EXECUTIVE COMMITTEE DISAPPROVES ANY ADJUSTMENT OF SAID DOLLAR AMOUNT CALCULATED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PARAGRAPH (c), THE EXECUTIVE COMMITTEE SHALL SPECIFY SUCH ADJUSTED DOLLAR AMOUNT TO BE UTILIZED BY THE EXECUTIVE DIRECTOR. ANY ADJUSTED DOLLAR AMOUNT SPECIFIED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS SUBSUBPARAGRAPH (A) SHALL BE CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH (c).

(B) FOR THE PURPOSE OF DETERMINING WHETHER THE CREDIT AUTHORIZED BY SUBSECTION (1) OF THIS SECTION IS TO BE ALLOWED FOR ANY GIVEN INCOME TAX YEAR, THE EXECUTIVE DIRECTOR SHALL NOT UTILIZE ANY ADJUSTED DOLLAR AMOUNT THAT HAS NOT BEEN APPROVED PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH (c) OR OTHERWISE SPECIFIED PURSUANT TO SUBSUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (IV).

(V) IF ONE OR MORE BALLOT QUESTIONS ARE SUBMITTED TO THE VOTERS AT A STATEWIDE ELECTION TO BE HELD IN NOVEMBER OF ANY CALENDAR YEAR COMMENCING ON OR AFTER JANUARY 1, 1999, THAT SEEK AUTHORIZATION FOR THE STATE TO RETAIN AND SPEND ALL OR ANY PORTION OF THE AMOUNT OF EXCESS STATE REVENUES FOR THE STATE FISCAL YEAR ENDING DURING SAID CALENDAR YEAR, THE EXECUTIVE DIRECTOR SHALL NOT DETERMINE WHETHER THE CREDIT AUTHORIZED BY SUBSECTION (1) OF THIS SECTION SHALL BE ALLOWED AND SHALL NOT PROMULGATE RULES CONTAINING SAID CREDIT UNTIL THE IMPACT OF THE RESULTS OF SAID ELECTION ON THE AMOUNT OF THE EXCESS STATE REVENUES TO BE REFUNDED IS ASCERTAINED.".";

strike line 9 and substitute the following:

"line 19, after "REFUNDING", insert "A PORTION OF THE".";

strike lines 11 through 72.

Page 1086, strike lines 1 through 34.

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

HB 99-1345 by Representative Spradley; also Senator Anderson--Concerning the state income tax credit for qualified costs incurred in the preservation of historic properties.

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

HB 99-1373 by Rep. Tool; Senator Lacy--Family Planning Pilot Program

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

(Printed in Senate Journal, April 30, page 1068.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 30, page 1086.)

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

HB 99-1381 by Rep. Young; Senator Wattenberg--Sales Tax Exemption For Ag Compounds

Amendment No. 1, Finance Committee Amendment

(Printed in Senate Journal, April 30, page 1077.)

HB 99-1254 by Rep. Swenson--Collecting Restitution

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

ROLL CALL VOTE ON HB99-1194

HB 99-1194 by Rep. Pfiffner; Senator Blickensderfer--State Personnel System

Call of Call of Senate.

Senate

Call Raised.

On the request of Senator Pascoe, the President ordered a roll call vote HB99-1194:

YES 20

NO 14

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
N
Tebedo
E

Arnold
Y
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
Y

Dyer
Y
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
Y

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Epps, 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:

HB99-1371, 99-1380, 99-1345, 99-1254 declared passed on Second Reading.

HB99-1187 as amended, 99-1369 as amended, 99-1194 as amended, 99-1360 as amended,

99-1383 as amended, 99-1373 as amended, 99-1381 as amended, declared passed on

Second Reading.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

COMMITTEE OF REFERENCE REPORT

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

riations referred favorably to the Committee of the Whole: SB99-239

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

HJR 99-1032 by Representatives Paschall, May, Allen, Lee, Scott, Alexander, Clapp, Dean, Decker, Fairbank, Hefley, Hoppe, Johnson, Kester, King, Larson, McElhany, McKay, Nuñez, Pfiffner, Sinclair, Smith, Spence, Stengel, Swenson, Webster, T. Williams, Witwer, and Young; also Senators Congrove, Andrews, Arnold, Blickensderfer, Hillman, Lamborn, Musgrave, Owen, Powers, Sullivant, Tebedo, and Teck--Concerning the repeal of federal laws that allow or require labor organizations to represent employees who choose not to support such organizations.

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

May 4.

MESSAGE FROM THE HOUSE:

May 3, 1999

Mr. President:

The House has postponed indefinitely SB99-029. The bill is returned herewith.

The House has adopted and transmits herewith HJR99-1032, as printed in House Journal, April 14, pages 1187-1188.

The House voted to adhere to its position on SB99-072. The bill is transmitted herewith.

APPOINTMENTS TO CONFERENCE COMMITTEE

SB 99-040 by Sen. Thiebaut; Rep. Smith--Statewide Transportation Policy

The President appointed Senators Congrove, Chairman, Blickensderfer and Thiebaut as Senate Conferees on the First Conference Committee on SB99-040.

_________________________

__________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SB99-239 was made Special Orders at 7:30 p.m.

__________________________

Committee The hour of 7:30 p.m. having arrived, Senator Epps moved that the Senate resolve itself

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

Whole was called to the Chair to act as Chairman.

SPECIAL ORDERS--SECOND READING OF BILL--7:30 P.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 99-239 by Senators Lacy and Owen; also Representative Tool--Concerning an increase in the transfer of moneys from the general fund to the capital construction fund.

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

AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE

SB 99-239 by Senators Lacy and Owen; also Representative Tool--Concerning an increase in the transfer of moneys from the general fund to the capital construction fund.

Senator Feely moved to amend the Report of the Committee of the Whole to show that

the following Feeley floor amendment, made to SB99-239, did pass:

Amend printed bill, page 2, strike lines 8 and 9 and substitute the following:

"the sixty-first general assembly; PLUS EIGHTY-THREE MILLION NINE HUNDRED EIGHTY-FIVE THOUSAND FOUR HUNDRED SEVENTY-ONE DOLLARS PURSUANT TO S.B.&QUOT;;

after line 11, insert the following:

"SECTION 2. Appropriation. In addition to any other appropriation, there is hereby appropriated, to the department of revenue, for the second phase of a new revenue building in Lakewood, fifteen million two hundred ninety-four thousand sixty-six dollars ($15,294,066) or so much thereof as may be necessary, for the implementation of this act. These funds shall be from capital construction fund exempt.".

Renumber succeeding sections 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
Y

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
E

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
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
N

Dyer
N
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

SB 99-239 by Senators Lacy and Owen; also Representative Tool--Concerning an increase in the transfer of moneys from the general fund to the capital construction fund.

Senator Linkhart moved to amend the Report of the Committee of the Whole to show that

the following Linkhart floor amendment to SB99-239 did pass:

Amend printed bill, page 2, strike lines 8 and 9 and substitute the following:

"the sixty-first general assembly; PLUS SEVENTY-FIVE MILLION EIGHT HUNDRED THIRTY-ONE THOUSAND TWO HUNDRED EIGHT DOLLARS PURSUANT TO S.B.&QUOT;;

after line 11, insert the following:

"SECTION 2. Appropriation. In addition to any other appropriation, there is hereby appropriated, to the department of higher education, front range community college, seven million one hundred thirty-nine thousand eight hundred three dollars ($7,139,803) or so much thereof as may be necessary, for the implementation of this act. These funds shall be from capital construction fund exempt.".

Renumber succeeding sections 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
Y

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
E

Arnold
Y
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
N
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
N

Dyer
N
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 Epps, 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:

SB99-239 declared passed on Second Reading.

CONFERENCE COMMITTEES GRANTED FURTHER POWERS

HB 99-1137 by Rep. Taylor; Sen. Blickensderfer--Personal Income Tax Modifications

Senator Blickensderfer moved that the Senate Conferees on the First Conference Committee on HB99-1137 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.

HB 99-1237 by Rep. Pfiffner; Senator Andrews--Elim State Income Tax On Capital Gains

Senator Andrews moved that the Senate Conferees on the First Conference Committee on HB99-1237 be given the powers to go beyond the scope of the differences between the two Houses.

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

SB 99-088 by Sen. Andrews; Rep. Young--High Occupancy Toll Lanes

Senator Andrews moved that the Senate Conferees on the First Conference Committee on SB99-088 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 Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Monday, May 3, was laid over until Tuesday, May 4, retaining its place on the calendar.

______________________________

TRIBUTES -- A POINT OF INTEREST

Honoring Betsy Greco--by Senator Teck

Honoring John Paul Krcik--by Senator Pascoe

Honoring Amy Mobley--by Senators Pascoe, Phillips, Perlmutter, Matsunaka, Feeley, and Reeves

Honoring Kim Boggiatto--by Senators Phillips, Perlmutter, and Matsunaka

Honoring Chris Quint--by Senators Phillips, Pascoe, Perlmutter, and Matsunaka

Honoring Dr. Tom Huffman--by Senator Epps

Honoring Jerrel Klaver--by Senator Epps

Honoring Dorothy Heibrand--by Senator Wham

Honoring Young-Sun Yun--by Senator Tebedo

Honoring Bill Maddock--by Senator Tebedo

Honoring Kevin Schancady--by Senator Rupert

Honoring Baine Kerr--by Senator Rupert

Honoring Dehan Davis--by Senator Rupert

Honoring Cameron Jordan--by Senator Rupert

Honoring Kelsey Wennesland--by Senator Rupert

Honoring Jenica Kline--by Senator Rupert

Honoring Jason Pogacnik--by Senator Rupert

Honoring Jessi Gritton--by Senator Rupert

Honoring Fran Maltedi--by Senator Nichol

Honoring Mike Devers--by Senators Linkhart and Thiebaut

Honoring Tiffani Tanner--by Senator Tanner

Honoring Katrina Quinn--by Senator Weddig

Honoring William "Bill" Murray--by Senator Weddig

Honoring Susan Dittmer--by Senator Weddig

Honoring Mickie Clayton--by Senator Hernandez

Honoring Anna Flores--by Senator Martinez

Honoring Deborah Lee Morrow--by Senator Dyer

Honoring Misty Ewegen--by Senator Chlouber

Honoring Shelby Bath--by Senator Matsunaka

Honoring Dominic Vaiana--by Senator Matsunaka

Honoring Shawn Cook--by Senator Dennis

Honoring Tammy Price--by Senator Dennis

Honoring Beth Eden--by Senator Dennis

Honoring Richard John--by Senator Dennis

Honoring Emily Atchison--by Senator Reeves

Honoring Amanda Barnett--by Senator Perlmutter

Honoring Cheri Jahn--by Senator Perlmutter

Honoring Sarah Scher--by Senator Perlmutter

Honoring Shelia Townsend--by Senator Perlmutter

Honoring Richard Mruz--by Senator Hillman

Honoring Stephen Blonsky--by Senator Anderson

Honoring Kathy Benvides--by Senator Linkhart

Honoring Kyle Bishop--by Senator Linkhart

Honoring Shelley Watters--by Senator Linkhart

Honoring Marrika Dandurand--by Senator Linkhart

Honoring Lee Tripp--by Senator Linkhart

Honoring John Cross--by Senator Feeley

Honoring Joseph Lubinski--by Senator Feeley

Honoring Candace Jones--by Senator Feeley

Honoring Rachel Wilsey--by Senator Feeley

Honoring Julie Hong--by Senator Feeley

Honoring Michelle Lyman--by Senator Feeley

Honoring Raoul Rodriguez--by Senator Feeley

Honoring Laura Brucheimer--by Senator Feeley

Honoring Jodina Blaunche--by Senator Feeley

Honoring Mike Thomas--by Senator Thiebaut

Honoring Summer Stout--by Senator Arnold

Honoring Jacquelyn Lucas--by Senator Evans

_________________________________

JOURNAL CORRECTION

Amend the Senate Journal, April 30, Page 1061, strike lines 28 through 40 and substitute the following:

"Senate Correctly engrossed: SB 99-208, 232, 236.

Services

Correctly revised: HB 99-1338, 1359, 1364, 1366, 1367, 1370.".

________________________________

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

May 4, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate

YES 35		NO 0		EXCUSED 0		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	Y	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

YES 18		NO 17		EXCUSED 0		ABSENT 0
Anderson	N	Evans	Y	Musgrave	Y	Tanner	N
Andrews	Y	Feeley	N	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	N	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	N	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	N
Dennis	N	Linkhart	N	Reeves	N	Wham	N
Dyer	N	Martinez	N	Rupert	N	Mr. President	Y
Epps	N	Matsunaka	Y	Sullivant	Y

YES 17		NO 18		EXCUSED 0		ABSENT 0
Anderson	Y	Evans	N	Musgrave	N	Tanner	Y
Andrews	N	Feeley	Y	Nichol	N	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	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	N
Epps	Y	Matsunaka	N	Sullivant	N

YES 33		NO 2		EXCUSED 0		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	N	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	N	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 19		NO 16		EXCUSED 0		ABSENT 0
Anderson	Y	Evans	N	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	N	Nichol	Y	Tebedo	Y
Arnold	N	Hernandez	N	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	N	Wattenberg	N
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	Y
Dennis	Y	Linkhart	N	Reeves	N	Wham	N
Dyer	N	Martinez	N	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	N	Sullivant	N

YES 16		NO 19		EXCUSED 0		ABSENT 0
Anderson	N	Evans	Y	Musgrave	N	Tanner	N
Andrews	N	Feeley	Y	Nichol	N	Tebedo	N
Arnold	Y	Hernandez	Y	Owen	N	Teck	N
Blickensderfer	N	Hillman	N	Pascoe	Y	Thiebaut	N
Chlouber	N	Lacy	N	Perlmutter	Y	Wattenberg	Y
Congrove	N	Lamborn	N	Phillips	Y	Weddig	N
Dennis	N	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	N
Epps	N	Matsunaka	Y	Sullivant	Y

YES 23		NO 12		EXCUSED 0		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	N	Hernandez	N	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	N	Pascoe	N	Thiebaut	N
Chlouber	N	Lacy	Y	Perlmutter	N	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	N	Linkhart	Y	Reeves	N	Wham	Y
Dyer	N	Martinez	Y	Rupert	N	Mr. President	N
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 24		NO 11		EXCUSED 0		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	N
Andrews	Y	Feeley	N	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	N	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	N	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	Y
Dennis	Y	Linkhart	N	Reeves	N	Wham	Y
Dyer	Y	Martinez	Y	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	N	Sullivant	Y

YES 26		NO 9		EXCUSED 0		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	N	Nichol	N	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	Y
Dennis	Y	Linkhart	N	Reeves	N	Wham	Y
Dyer	Y	Martinez	N	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 28		NO 7		EXCUSED 0		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	N
Andrews	Y	Feeley	N	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	N	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	N	Wham	Y
Dyer	Y	Martinez	Y	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	N	Sullivant	Y

YES 16		NO 18		EXCUSED 1		ABSENT 0
Anderson	Y	Evans	N	Musgrave	Y	Tanner	N
Andrews	N	Feeley	N	Nichol	N	Tebedo	Y
Arnold	N	Hernandez	N	Owen	Y	Teck	N
Blickensderfer	N	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	N	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	Y
Dennis	Y	Linkhart	N	Reeves	N	Wham	N
Dyer	N	Martinez	E	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

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	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	E	Rupert	Y	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 26		NO 8		EXCUSED 1		ABSENT 0
Anderson	Y	Evans	N	Musgrave	Y	Tanner	N
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	N	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	N	Reeves	N	Wham	Y
Dyer	Y	Martinez	E	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 14		NO 20		EXCUSED 1		ABSENT 0
Anderson	N	Evans	N	Musgrave	N	Tanner	Y
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	Y
Dennis	N	Linkhart	Y	Reeves	Y	Wham	N
Dyer	Y	Martinez	E	Rupert	Y	Mr. President	N
Epps	N	Matsunaka	Y	Sullivant	N

YES 21		NO 13		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	Y	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	N	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	N
Dennis	Y	Linkhart	N	Reeves	N	Wham	Y
Dyer	N	Martinez	E	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	N	Sullivant	Y

YES 13		NO 21		EXCUSED 1		ABSENT 0
Anderson	N	Evans	N	Musgrave	N	Tanner	Y
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	N	Weddig	Y
Dennis	N	Linkhart	Y	Reeves	Y	Wham	N
Dyer	Y	Martinez	E	Rupert	Y	Mr. President	N
Epps	N	Matsunaka	Y	Sullivant	N

YES 29		NO 5		EXCUSED 1		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	N	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	N	Pascoe	Y	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	N	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	E	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 26		NO 0		EXCUSED 9		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	E
Andrews	Y	Feeley	E	Nichol	Y	Tebedo	E
Arnold	Y	Hernandez	Y	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	E
Chlouber	Y	Lacy	Y	Perlmutter	E	Wattenberg	E
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	E	Reeves	Y	Wham	Y
Dyer	Y	Martinez	E	Rupert	Y	Mr. President	Y
Epps	Y	Matsunaka	E	Sullivant	Y

YES 24		NO 10		EXCUSED 1		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	N	Nichol	N	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	Y
Dennis	Y	Linkhart	N	Reeves	N	Wham	N
Dyer	Y	Martinez	E	Rupert	N	Mr. President	N
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 33		NO 1		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	N
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	E	Rupert	Y	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 28		NO 6		EXCUSED 1		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	N	Owen	N	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	E	Rupert	N	Mr. President	N
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 20		NO 14		EXCUSED 1		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	N
Andrews	Y	Feeley	N	Nichol	N	Tebedo	E
Arnold	Y	Hernandez	N	Owen	Y	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	N	Thiebaut	N
Chlouber	Y	Lacy	Y	Perlmutter	N	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	N
Dennis	Y	Linkhart	N	Reeves	N	Wham	Y
Dyer	Y	Martinez	N	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	N	Sullivant	Y