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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

119^th Legislative Day Tuesday, May 4, 1999

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

Order

Prayer By the chaplain, Rev. Glen Hamlyn, Rocky Mountain Cathedral.

Roll Call Present--Total, 29.

Absent/Excused--Anderson, Evans, Hernandez, Hillman, Lacy, Owen--Total, 6.

Present later--Anderson, Evans, Hernandez, Hillman, Lacy, Owen.

Quorum The President announced a quorum present.

Reading of On motion of Senator Musgrave, reading of the Journal of May 3^rd was

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 99-239.

Services

Correctly enrolled: SJR 99-12, 37, 44, 51.

Correctly engrossed: SB 99-239.

Correctly revised: HB 99-1187, 1194, 1254, 1280, 1345, 1360, 1369, 1371, 1373, 1380, 1381, 1383.

To the Governor for signature on Monday, May 3, 1999, at 5:10 pm:

SB 99-1, 4, 147, 164, 165.

COMMITTEE OF REFERENCE REPORT

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

Environment, postponed indefinitely: HB99-1085

Welfare and

Institutions

MESSAGES FROM THE HOUSE:

May 3, 1999

Mr. President:

The House has voted to recall HB99-1308.

May 3, 1999

Mr. President:

The House has adopted the First Report of the First Conference Committee on SB99-039, as printed in House Journal, April 30, page 1623, and has repassed the bill as so amended. The bill is returned herewith.

The House has adopted the First Report of the First Conference Committee on HB99-1017, as printed in House Journal, May 3, page 1633, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB99-1048, as printed in House Journal, May 3, pages 1634-1635, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB99-1097, as printed in House Journal, May 3, page 1635, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB99-1165, as printed in House Journal, May 3, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB99-1207, as printed in House Journal, May 3, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB99-1218, as printed in House Journal, May 3, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB99-1253, as printed in House Journal, May 3, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB99-1274, as printed in House Journal, May 3, and has repassed the bill as amended.

The House has voted to concur in the Senate amendments to HB99-1102, 1336, 1339, 1353, 1364, 1368, 1374, and 1377 and has repassed the bills as so amended.

The House has voted not to concur in the Senate amendments to HB99-1372 and requests that a conference committee be appointed. The Speaker has appointed Representatives May, chairman, McPherson, and Hagedorn as House conferees on the First Conference Committee on HB99-1372. The bill is transmitted herewith.

The House has voted to recede from its position on HB99-1308 and dissolved the First Conference Committee on HB99-1308, concurred in Senate Amendments and repassed the bill as so amended.

In response to the request of the Senate, the Speaker has appointed Representatives Smith, chairman, May, and Mace as House conferees on the First Conference Committee on SB99-040.

In response to the request of the Senate, the Speaker has appointed Representatives Kaufman, chairman, Mitchell, and Grossman as House conferees on the First Conference Committee on SB99-061.

In response to the request of the Senate, the Speaker has appointed Representatives Gotlieb, chairman, Allen, and Keller as House conferees on the First Conference Committee on SB99-154.

The House has voted to authorize the House conferees on the First Conference Committee on HB99-1115 to consider matters not at issue between the two houses.

The House has adopted and transmits herewith HJR99-1059, as printed in House Journal, April 30, page 1628 and amended as printed in House Journal May 3.

The House has adopted and transmits herewith HJR99-1060, as printed in House Journal, April 30, pages 1628-1629.

MESSAGE FROM THE GOVERNOR

May 3, 1999

The Honorable Colorado Senate

Sixty-Second General Assembly

First Regular Session

State Capitol

Denver, CO 80203

Ladies and Gentlemen:

I am filing with the Secretary of State the following act:

SENATE BILL 99-215, CONCERNING THE PROVISION FOR PAYMENT OF THE EXPENSES OF THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL DEPARTMENTS OF THE STATE OF COLORADO, AND OF ITS AGENCIES AND INSTITUTIONS, FOR AND DURING THE FISCAL YEAR BEGINNING JULY 1, 1999, EXCEPT AS OTHERWISE NOTED.

Approved in part and disapproved in part on May 3, 1999, at 2:18 p.m. .

It is my constitutional obligation to review and exercise the line item veto to the general appropriations bill. While I have approved Senate Bill 99-215 (the "1999-00 Long Bill") as a whole, I have vetoed several headnotes and footnotes as well as certain capital items. Pursuant to the Colorado Constitution, I have forwarded copies of the vetoed items from this bill, with my objections, to the House of origin.

Veto and Comment on Capital Items

As you are aware, robust economic times have allowed the state to make a significant amount of important investments in capital construction during the last five years. During this period, the state has expended $1.3 billion for capital projects (excluding transportation projects). I am pleased that the state has invested in these projects.

My concern lies with the total amount of money for capital projects contained in the Long Bill. With $270.1 million of total capital spending in the Long Bill, there are negative implications for the state's ability to fund future transportation needs. Thus, I am vetoing the projects listed below to ensure a better balance of transportation and non-transportation projects. Even with these vetoes, the state will still be committing $244.6 million of state funds to non-transportation capital construction in FY 1999-00. In total, $25.4 million of FY 1999-00 capital projects were vetoed. These vetoed projects would have driven an additional $12.8 million in future capital costs. The specific projects vetoed and my reasoning are listed as follows.

1. Part V, Department of Higher Education, (14) Front Range Community College, Capital Construction Project, page 273:

Westminster Campus, Classroom, Item & Capital Construction

Laboratory, Office, Auditorium Subtotal Funds Exempt

Addition and Renovations, Phase 2 of 3 $7,139,803 $7,139,803

I am vetoing this project for three reasons. First, the campus enrollment does not justify this expenditure of funds. In particular, enrollment at the Westminster campus has declined by nearly 300 students since FY 1995-96. Second, the enrollment in the affected academic programs (258 student FTE) does not justify this expenditure of $7.1 million in funds. Finally, constructing an auditorium for such a small number of students is not cost effective. Students in the theater program requiring enhanced facilities can utilize the facilities at the Auraria campus.

2. Part V, Department of Higher Education, (25) Colorado Historical Society, Capital Construction Projects, page 280:

Item & Capital Construction

Colorado History Museum, Second Subtotal Funds Exempt

Floor Rehabilitation, Phase 1 of 2 $3,000,000 $3,000,000

I am vetoing this project to allow the renovation of the Colorado History museum to take place after the possible relocation of the Colorado Commission on Higher Education has been finalized.

3. Part XIV, Department of Revenue, Capital Construction Projects, page 293:

Item & Capital Construction

Subtotal Funds Exempt

New Revenue Building, Phase 2 $15,294,066 $15,294,066

I am vetoing this project to consider other, less expensive, options to address the space needs for the Department of Revenue, including options in the private sector. In addition, it is important for the Department to maintain certain tax functions at a downtown centralized location to provide "walk-in" service to the highest number of citizens.

Veto and Comment on Unconstitutional Headnotes and Footnotes

The 1999-00 Long Bill violates Articles III and V of the Colorado Constitution. It contains some items that inhibit the ability of the executive branch to administer the appropriations or which constitute substantive legislation.

Article III provides for the separation of powers between the executive and legislative branches. The legislative branch has broad powers concerning the appropriation of state funds. The executive branch of government has the inherent responsibility and authority for administering the government. Therefore, the legislature's power does not include the ability to attach conditions in the Long Bill that intrude into the executive functions of state government. Colorado General Assembly v. Lamm, 704 P.2d 1371 (Colo. 1985); Anderson v. Lamm, 195 Colo. 437, 579 P.2d 620 (1978).

Article V, Section 32 provides that substantive legislation cannot be included in the Long Bill. The purpose of the Long Bill is to meet charges already created against the public fund by affirmative acts of the General Assembly; it may not include substantive legislation, nor may it amend or repeal a law. See Anderson.

In vetoing these provisions, I have lined through the following items:

Headnotes:

1. Section 1. Definitions, headnote (3), pages 2 and 3; "FTE", EXCEPT FOR CERTAIN POSITIONS IN HIGHER EDUCATION, MEANS THE BUDGETARY EQUIVALENT OF ONE POSITION CONTINUOUSLY FILLED FULL TIME FOR THE ENTIRE FISCAL YEAR, AND THE TOTAL FTE POSITIONS MAY COMPRISE ANY COMBINATION OF PART-TIME POSITIONS OR FULL-TIME POSITIONS PROVIDED THE MAXIMUM FTE POSITION LIMITATION IS NOT EXCEEDED-Y

The Colorado Supreme Court concluded in 1978 that legislative attempts to administer the appropriation by placing "specific staffing and resource allocation decisions" in a general appropriations bill were unconstitutional. Anderson v. Lamm, 195 Colo. 437, 579 P.2d 620 (1978). The Supreme Court in so doing recognized that the ability to make staffing decisions is one of the most fundamental components of managing state government. Therefore, this headnote and its references are constitutionally void.

2. Section 1. Definitions, headnote (8), page 4; "LEGAL SERVICES" MEANS THE PURCHASE OF LEGAL SERVICES FROM THE DEPARTMENT OF LAW; HOWEVER, UP TO TEN PERCENT OF THE AMOUNT APPROPRIATED FOR LEGAL SERVICES MAY INSTEAD BE EXPENDED FOR OPERATING EXPENSES, CONTRACTUAL SERVICES, AND TUITION FOR EMPLOYEE TRAINING. NO FUNDS SHALL BE EXPENDED FOR LEGAL SERVICES EXCEPT THOSE SPECIFICALLY APPROPRIATED FOR SUCH PURPOSE. THE PROVISION OF THIS SUBSECTION (8) SHALL NOT APPLY TO THE DEPARTMENTS OF EDUCATION, HIGHER EDUCATION, TRANSPORTATION, AND THE RISK MANAGEMENT FUND IN THE DEPARTMENT OF PERSONNEL.

Legal services expenditures are not discretionary in protecting the interest of the state and its citizens. Limiting the departments' ability to expend funds for these services would result in ineffective administration of the government. However, I recognize the need to contain state expenditures for legal services. I will instruct departments to use all necessary restraint in legal service expenditures and to provide an accurate annual accounting of all legal expenditures to the Joint Budget Committee.

3. Section 1. Definitions, headnote (16) page 6; WHERE NO PURPOSE IS SPECIFIED OR WHERE A SPECIAL PROGRAM IS SPECIFIED, THE APPROPRIATION SHALL BE FOR CONTRACTUAL SERVICES, TUITION, AND OPERATING EXPENSES AND, ONLY IF THE APPROPRIATION INCLUDES A SPECIFIED FTE LIMITATION, FOR PERSONAL SERVICES OTHER THAN CONTRACTUAL SERVICES.

My actions on this headnote are for the same reasons specified in the statement related to headnote (3) regarding management prerogatives and needed flexibility to operate state government programs.

4. Section 1. Definitions, headnote (18), pages 6 and 7; WHEN IT IS NOT FEASIBLE, DUE TO THE FORMAT OF THIS ACT, TO SET FORTH FULLY IN THE LINE ITEM DESCRIPTION THE PURPOSE OF AN ITEM OF APPROPRIATION OR A CONDITION OR LIMITATION ON THE ITEM OF APPROPRIATION, THE FOOTNOTES AT THE END OF EACH SECTION OF THIS ACT REFER TO PROVISIONS WHICH SET FORTH SUCH PURPOSES, CONDITIONS, OR LIMITATIONS, AND SUCH PROVISIONS ARE THEREFORE INTENDED TO BE BINDING PORTIONS OF THE ITEMS OF APPROPRIATION TO WHICH THEY RELATE-Y

This headnote indicates that footnotes refer to provisions which set forth purpose, conditions, or limitations regarding the appropriation and states that provisions are therefore intended to be "binding portions" of the items of appropriations to which they relate. I will consider all footnotes to be advisory, not binding.

Footnotes:

1. Footnote 5, pages 16, 30, 38, 44, 54, 67, 90-91, 109, 118, 125, 128-129, 139, 146, 162, 178-179, 203, 218, 228, 237, 241, 247 and 251, ALL DEPARTMENTS, TOTALS:

This footnote violates the separation of powers in that it is attached to federal funds which are not subject to legislative appropriation. Placing information requirements on such funds could constitute substantive legislation in the general appropriations bill. Still, I am committed to providing improved FTE tracking where possible and will direct my staff to improve such tracking.

2. Footnote 7, page 30, DEPARTMENT OF CORRECTIONS, MANAGEMENT, EXECUTIVE DIRECTOR'S OFFICE SUBPROGRAM:

This footnote requests that the Department develop a standard staffing model for all correctional facilities. While I will direct the Department to develop such a model and to identify savings, I want to assure that such savings do not do not compromise the Department's operations and this footnote does not allow for flexibility in this regard.

3. Footnote 9, pages 31, 91 and 218, DEPARTMENT OF CORRECTIONS, MANAGEMENT, JAIL BACKLOG SUBPROGRAM, PAYMENTS TO HOUSE STATE PRISONERS IN LOCAL JAILS, AND PAYMENTS TO HOUSE STATE PRISONERS IN PRIVATE FACILITIES; DEPARTMENT OF HUMAN SERVICES, HEALTH AND REHABILITATION SERVICES, OFFICE OF HEALTH AND REHABILITATION, MENTAL HEALTH COMMUNITY PROGRAMS; COMMUNITY SERVICES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES, COMMUNITY PROGRAMS; DIVISION OF VOCATIONAL REHABILITATION; ALCOHOL AND DRUG ABUSE DIVISION, COMMUNITY PROGRAMS; AND DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE, COMMUNITY CORRECTIONS:

This footnote violates the separation of powers by attempting to administer the appropriation. The footnote also constitutes substantive legislation in the general appropriations bill. I will instruct the Department to follow legislative intent if practicable.

4. Footnote 11, page 31, DEPARTMENT OF CORRECTIONS, INSTITUTIONS, UTILITIES SUBPROGRAM:

This footnote violates the separation of powers by attempting to administer the appropriation. The General Assembly has no authority to appropriate or prescribe limits on FTE. I will instruct the Department to follow legislative intent if practicable.

5. Footnote 12, page 31, DEPARTMENT OF CORRECTIONS, INSTITUTIONS, MEDICAL SERVICES SUBPROGRAM:

This footnote violates the separation of powers by attempting to administer the appropriation. While I am vetoing this footnote to preserve departmental flexibility, I will instruct the Department to follow legislative intent if practicable.

6. Footnote 14, pages 32, 91-92, 109 and 218-219, DEPARTMENT OF CORRECTIONS, SUPPORT SERVICES, INFORMATION SYSTEMS SUBPROGRAM; DEPARTMENT OF HUMAN SERVICES, OFFICE OF INFORMATION TECHNOLOGY SERVICES; AND DIVISION OF YOUTH CORRECTIONS; JUDICIAL DEPARTMENT, COURTS ADMINISTRATION, INTEGRATED INFORMATION SERVICES; DEPARTMENT OF PUBLIC SAFETY, EXECUTIVE DIRECTOR'S OFFICE, COLORADO INTEGRATED CRIMINAL JUSTICE INFORMATION SYSTEM; AND COLORADO BUREAU OF INVESTIGATION, CRIME INFORMATION CENTER, CRIMINAL JUSTICE RECORDS ACT:

This footnote requests a report using various criminal data. Some of the data is currently the subject of litigation. I will instruct the departments to provide as much information as practicable by the requested date, pending the resolution of the litigation.

7. Footnote 15, page 32, DEPARTMENT OF CORRECTIONS, SUPPORT SERVICES, FACILITY SERVICES SUBPROGRAM:

This footnote violates the separation of powers by attempting to administer the appropriation. The General Assembly has no authority to appropriate or prescribe limits on FTE. While construction has decreased in the Department of Corrections, the Department's future flexibility should not be limited.

8. Footnote 21, page 38, DEPARTMENT OF EDUCATION, SCHOOL DISTRICT AND LIBRARY ASSISTANCE, ADMINISTRATION:

This footnote requires the Department of Education to submit a portion of its budget request in a zero-based budget format. The Governor's Office is currently working with all agencies to modify their budget submissions in accordance with the zero-based budget format established in Section 2-3-207, C.R.S. The Office of State Planning and Budgeting is working with all Executive Branch agencies to ensure all budget requests will be developed and formatted in a consistent manner.

9. Footnote 22, page 38, DEPARTMENT OF EDUCATION, SCHOOL DISTRICT AND LIBRARY ASSISTANCE, OFFICE OF PROFESSIONAL SERVICES:

10. Footnote 29, page 39, DEPARTMENT OF EDUCATION, PUBLIC SCHOOL FINANCE, TOTAL PROGRAM:

This footnote violates the separation of powers by attempting to administer the appropriation. The footnote also constitutes substantive legislation in the general appropriations bill.

11. Footnote 31, page 40, DEPARTMENT OF EDUCATION, PUBLIC SCHOOL FINANCE, TOTAL PROGRAM:

This footnote violates the separation of powers by attempting to administer the appropriation. The footnote also constitutes substantive legislation in the general appropriations bill.

12. Footnote 35, pages 44-45 and 179, GOVERNOR - LIEUTENANT GOVERNOR - STATE PLANNING AND BUDGETING, OFFICE OF THE GOVERNOR; AND DEPARTMENT OF PERSONNEL, INFORMATION MANAGEMENT COMMISSION:

This footnote requests a report on a possible transfer of decision making on information technology issues. Current legislation, if passed, would implement this provision. If the legislation is not enacted, I will direct the agencies to comply with the intent of this footnote.

13. Footnote 36, page 45, GOVERNOR -B LIEUTENANT GOVERNOR -B STATE PLANNING AND BUDGETING, OFFICE OF THE GOVERNOR; AND OFFICE OF STATE PLANNING AND BUDGETING:

This footnote violates the separation of powers by attempting to administer the appropriation. The Governor's Office is already part of the statewide indirect cost plan developed by the Department of Personnel.

14. Footnote 37, page 45, GOVERNOR - LIEUTENANT GOVERNOR - STATE PLANNING AND BUDGETING, OFFICE OF THE GOVERNOR, GOVERNOR'S OFFICE, ADMINISTRATION OF GOVERNOR'S OFFICE AND RESIDENCE; AND OTHER PROGRAMS AND GRANTS:

This footnote violates the separation of powers by attempting to administer the appropriation. Requesting additional information on nonappropriated sources within the Governor's Office restricts the flexibility of the Office. In addition, the General Assembly has no authority to appropriate or prescribe limits on FTE.

15. Footnote 38, page 45, GOVERNOR - LIEUTENANT GOVERNOR - STATE PLANNING AND BUDGETING, OFFICE OF THE GOVERNOR, OTHER PROGRAMS AND GRANTS, LEGAL SERVICES:

This footnote violates the separation of powers by attempting to administer the appropriation. The Governor's Office requires flexibility in expending legal services funds.

16. Footnote 39, page 45, GOVERNOR - LIEUTENANT GOVERNOR - STATE PLANNING AND BUDGETING, OFFICE OF STATE PLANNING AND BUDGETING:

This footnote requests a report on community provider rates. The effort requested would require a substantial dedication of limited resources.

17. Footnote 40, pages 45-46 and 179, GOVERNOR - LIEUTENANT GOVERNOR - STATE PLANNING AND BUDGETING, OFFICE OF STATE PLANNING AND BUDGETING; AND DEPARTMENT OF PERSONNEL, EXECUTIVE DIRECTOR'S OFFICE:

This footnote requests a report on the total implementation costs of the Colorado Peak Performance Plan by September 1, 1999. The total implementation costs may not be available at that time. I will instruct the Department of Personnel to prepare a report for submission to the General Assembly with all available information at that point in time.

18. Footnote 41, pages 46 and 179, GOVERNOR - LIEUTENANT GOVERNOR - STATE PLANNING AND BUDGETING, OFFICE OF STATE PLANNING AND BUDGETING; AND DEPARTMENT OF PERSONNEL, HUMAN RESOURCE SERVICES:

This footnote requests substantial information on state personnel. Much of this information is currently unavailable. Representatives from the Governor's Office andother state agencies are currently considering the feasibility of developing a new personnel tracking system which could provide additional information. I will instruct the Department of Personnel to work with the Office of State Planning and Budgeting to submit a report containing the information which is currently available.

19. Footnote 43, pages 46 and 140, GOVERNOR -B LIEUTENANT GOVERNOR -B STATE PLANNING AND BUDGETING, ECONOMIC DEVELOPMENT PROGRAMS; DEPARTMENT OF LOCAL AFFAIRS, ECONOMIC DEVELOPMENT, PROGRAMS ADMINISTERED BY OTHER DEPARTMENTS, GOVERNOR'S OFFICE OF ECONOMIC DEVELOPMENT:

This footnote requires the Governor's Office and the Department of Local Affairs to submit the economic development budget request in a zero-based budget format. I am working with all agencies to modify their budget submissions in accordance with the zero-based budget format established in Section 2-3-207, C.R.S. The Office of State Planning and Budgeting is working with all Executive Branch agencies to ensure all budget requests will be developed and formatted in a consistent manner.

20. Footnote 58a, page 56, DEPARTMENT OF HEALTH CARE POLICY AND FINANCING, MEDICAL SERVICES PREMIUMS:

This footnote violates the separation of powers by attempting to administer the appropriation. I will instruct the Department to follow legislative intent if practicable.

21. Footnote 76, pages 69-70, and 140-141,DEPARTMENT OF HIGHER EDUCATION, COLORADO ADVANCED TECHNOLOGY INSTITUTE; AND DEPARTMENT OF LOCAL AFFAIRS, ECONOMIC DEVELOPMENT, PROGRAMS ADMINISTERED BY OTHER DEPARTMENTS, DEPARTMENT OF HIGHER EDUCATION, COLORADO ADVANCED TECHNOLOGY INSTITUTE, PROGRAM COSTS.

This footnote may be unnecessary as pending legislation would affect the status of the Colorado Advanced Technology Institute (CATI). If the legislation does not pass, I will direct CATI to provide the required information.

22. Footnote 80, pages 92-93, DEPARTMENT OF HUMAN SERVICES, OFFICE OF INFORMATION TECHNOLOGY SERVICES:

This footnote requires the Department of Human Services to submit a portion of its budget request in a zero-based budget format. I am working with all agencies to modify their budget submissions in accordance with the zero-based budget format established in Section 2-3-207, C.R.S. The Office of State Planning and Budgeting is working with all Executive Branch agencies to ensure all budget requests will be developed and formatted in a consistent manner.

23. Footnote 87, pages 93-94, DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY, ADULT ASSISTANCE PROGRAMS, AID TO THE NEEDY DISABLED STATE-ONLY GRANT PROGRAM:

24. Footnote 88, pages 94 and 119, DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY, COLORADO WORKS PROGRAM; AND DEPARTMENT OF LABOR AND EMPLOYMENT, DIVISION OF EMPLOYMENT AND TRAINING:

This footnote violates the separation of powers by attempting to administer the appropriation. I will instruct the Department to follow legislative intent if practicable.

25. Footnote 97, page 95, DEPARTMENT OF HUMAN SERVICES, DIVISION OF YOUTH CORRECTIONS, INSTITUTIONAL PROGRAMS, EDUCATIONAL PROGRAMS; COMMUNITY PROGRAMS, PURCHASE OF CONTRACT PLACEMENTS; CITY AND COUNTY OF DENVER CASE MANAGEMENT; H.B. 93S-1005 JUVENILE BOOT CAMP; S.B. 91-94 PROGRAMS; AND PAROLE PROGRAM SERVICES:

This footnote violates the separation of powers by attempting to administer the appropriation. I will instruct the Department to follow legislative intent if practicable.

26. Footnote 99, pages 95-96, DEPARTMENT OF HUMAN SERVICES, DIVISION OF YOUTH CORRECTIONS, COMMUNITY PROGRAMS, PURCHASE OF CONTRACT PLACEMENTS; S.B. 91-94 PROGRAMS; PAROLE PROGRAM SERVICES; AND INTENSIVE AFTERCARE PROGRAM:

This footnote violates the separation of powers by attempting to administer the appropriation. I will instruct the Department to follow legislative intent if practicable.

27. Footnote 106, pages 96-97, DEPARTMENT OF HUMAN SERVICES, HEALTH AND REHABILITATION SERVICES, OFFICE OF HEALTH AND REHABILITATION, MENTAL HEALTH COMMUNITY PROGRAMS, MENTAL HEALTH CAPITATION:

This footnote violates the separation of powers by attempting to administer the appropriation. I will instruct the Department to follow legislative intent if practicable.

28. Footnote 126, pages 99-100, DEPARTMENT OF HUMAN SERVICES, TOTALS:

This footnote violates the separation of powers by attempting to administer the appropriation. The footnote also constitutes substantive legislation.

29. Footnote 146, page 119, DEPARTMENT OF LABOR AND EMPLOYMENT, DIVISION OF EMPLOYMENT AND TRAINING, EMPLOYMENT AND TRAINING PROGRAMS, STATE OPERATIONS:

This footnote violates the separation of powers by attempting to administer the appropriation. I will instruct the Department to follow legislative intent if practicable.

30. Footnote 148, page 120, DEPARTMENT OF LABOR AND EMPLOYMENT, DIVISION OF EMPLOYMENT AND TRAINING, EMPLOYMENT AND TRAINING PROGRAMS, WELFARE-TO-WORK BLOCK GRANT:

This footnote violates the separation of powers by attempting to administer the appropriation. I will instruct the Department to follow legislative intent if practicable.

31. Footnote 163, page 141, DEPARTMENT OF LOCAL AFFAIRS, COMMUNITY DEVELOPMENT, DIVISION OF HOUSING, AFFORDABLE HOUSING DEVELOPMENT, COLORADO AFFORDABLE HOUSING CONSTRUCTION GRANTS AND LOANS:

This footnote violates the separation of powers by attempting to administer the appropriation. I will instruct the Department to follow legislative intent if practicable.

32. Footnote 179, pages 163-164, DEPARTMENT OF NATURAL RESOURCES, OIL AND GAS CONSERVATION COMMISSION, ACCELERATED DRILLING:

This footnote violates the separation of powers by attempting to administer the appropriation. I will instruct the Department to follow legislative intent if practicable and include the requested information in the budget document.

33. Footnote 180, page 164, DEPARTMENT OF NATURAL RESOURCES, OIL AND GAS CONSERVATION COMMISSION, ECONOMIC ANALYSIS OF OIL AND GAS REGULATIONS:

This footnote violates the separation of powers by attempting to administer the appropriation. I will instruct the Department to follow legislative intent if practicable.

34. Footnote 187, pages 164-165, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF WILDLIFE:

The Memorandum of Understanding referenced was last signed in 1995 and is inconsistent with the current budget format. This footnote, therefore, is irrelevant. I will direct the Department to work with the Joint Budget Committee to develop an updated Memorandum of Understanding.

35. Footnote 190, page 165, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF WILDLIFE:

This footnote violates the separation of powers by attempting to administer the appropriation. I will direct the Department to work with the Legislature in addressing these concerns.

36. Footnote 191, page 166, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF WILDLIFE, GREAT OUTDOORS COLORADO BOARD GRANTS:

This footnote implies restrictions on the Division of Wildlife regarding the receipt of funds from Great Outdoors Colorado. The General Assembly has no authority to appropriate funds from Great Outdoors Colorado.

37. Footnote 193, page 180, DEPARTMENT OF PERSONNEL, EXECUTIVE DIRECTOR'S OFFICE:

This footnote requires the Department of Personnel to submit its budget request in a zero-based budget format. I am working with all agencies to modify their budget submissions in accordance with the zero-based budget format established in Section 2-3-207, C.R.S. The Office of State Planning and Budgeting is working with all Executive Branch agencies to ensure all budget requests will be developed and formatted in a consistent manner.

38. Footnote 194, page 180, DEPARTMENT OF PERSONNEL, EXECUTIVE DIRECTOR'S OFFICE:

This footnote may conflict with the budget instructions being developed by the Governor's Office. I will instruct the Department to follow legislative intent and include the requested information if practicable.

39. Footnote 198, page 180, DEPARTMENT OF PERSONNEL, INFORMATION MANAGEMENT COMMISSION, YEAR 2000 PROJECTS:

This footnote directs the Information Management Commission (IMC) to "certify" that each state agency is compliant. The IMC verifies, rather than certifies, each agency's compliance. Furthermore, the General Assembly has provided funds for verification only, not certification.

40. Footnote 201, page 181, DEPARTMENT OF PERSONNEL, CENTRAL SERVICES, MOTOR POOL/GARAGE/FLEET MANAGEMENT, VEHICLE REPLACEMENT; ADMINISTRATION, AND TREASURY LOAN PAYBACK:

This footnote violates the separation of powers by attempting to administer the appropriation.

41. Footnote 204, page 181, DEPARTMENT OF PERSONNEL, CAPITOL COMPLEX, CAMP GEORGE WEST:

This footnote violates the separation of powers by attempting to administer the appropriation and Department programs. Understanding that the re-alignment of the Camp George West facility is a legislative concern, I will direct the affected departments to report the estimated costs of maintaining and upgrading the Camp George West facilities.

42. Footnote 205, page 204, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, ADMINISTRATION AND SUPPORT:

This footnote may conflict with the budget instructions being developed by the Governor's Office. I will instruct the Department to follow legislative intent if practicable.

43. Footnote 206, page 204, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, ADMINISTRATION AND SUPPORT:

This footnote violates the separation of powers by attempting to administer the appropriation. The General Assembly has no authority to appropriate or prescribe limits on FTE.

44. Footnote 209, pages 204-205, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, AIR QUALITY CONTROL DIVISION; WATER QUALITY CONTROL DIVISION; HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION; CONSUMER PROTECTION:

This footnote requires the Department of Public Health and Environment to submit a portion of its budget request in a zero-based budget format. I am working with all agencies to modify their budget submissions in accordance with the zero-based budget format established in Section 2-3-207, C.R.S. This footnote may conflict with the budget instructions being developed by the Governor's Office. The Office of State Planning and Budgeting is working with all Executive Branch agencies to ensure all budget requests will be developed and formatted in a consistent manner.

45. Footnote 213, page 205, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, DISEASE CONTROL AND ENVIRONMENTAL EPIDEMIOLOGY DIVISION, AND FAMILY AND COMMUNITY HEALTH SERVICES DIVISION:

This footnote violates the separation of powers by attempting to administer the appropriation. The General Assembly has no authority to appropriate or prescribe limits on non-match federal grants or FTE.

46. Footnote 220, page 207, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, FAMILY AND COMMUNITY HEALTH SERVICES DIVISION, WOMEN'S HEALTH -B FAMILY PLANNING, PURCHASE OF SERVICES -B PUBLIC AGENCIES; AND PURCHASE OF SERVICES -B PRIVATE AGENCIES:

This footnote violates the separation of powers by attempting to administer the appropriation. I will instruct the Department to follow legislative intent if practicable.

47. Footnote 223, page 219, DEPARTMENT OF PUBLIC SAFETY, EXECUTIVE DIRECTOR'S OFFICE, COLORADO INTEGRATED CRIMINAL JUSTICE INFORMATION SYSTEM:

This footnote violates the separation of powers by attempting to administer the appropriation. I will instruct the Department to follow legislative intent if practicable.

48. Footnote 228, page 220, DEPARTMENT OF PUBLIC SAFETY, COLORADO STATE PATROL, AIRCRAFT POOL:

This footnote violates the separation of powers by attempting to administer the appropriation. I will instruct the Department to follow legislative intent if practicable.

49. Footnote 229, page 220, DEPARTMENT OF PUBLIC SAFETY, COLORADO STATE PATROL, COUNTER-DRUG PROGRAM:

50. Footnote 231, page 220, DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE, JUVENILE JUSTICE AND DELINQUENCY PREVENTION, JUVENILE DIVERSION PROGRAMS -B RESTITUTION; JUVENILE DIVERSION PROGRAMS:

This footnote violates the separation of powers by attempting to administer the appropriation. I will instruct the Department to follow legislative intent if practicable.

51. Footnote 235, page 221, DEPARTMENT OF PUBLIC SAFETY, COLORADO BUREAU OF INVESTIGATION, INVESTIGATIVE SUPPORT SERVICES:

This footnote violates the separation of powers by attempting to administer the appropriation.

52. Footnote 237, pages 228-229, DEPARTMENT OF REGULATORY AGENCIES, ADMINISTRATIVE SERVICES DIVISION:

This footnote requests information on technology expenditures in a specific format since FY 1994-95. Most of this information is already available in the documents submitted to the Information Management Commission.

53. Footnote 245, page 238, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, PROGRAM COSTS:

This footnote violates the separation of powers by attempting to administer the appropriation. The footnote requests information on departmental vacancies throughout FY 1999-00.

54. Footnote 248, pages 238-239, DEPARTMENT OF REVENUE, DIVISION OF RACING EVENTS:

This footnote violates the separation of powers by attempting to administer the appropriation. I will instruct the Department to follow legislative intent if practicable.

55. Capital Construction Footnote 2, page 294, CAPITAL CONSTRUCTION, DEPARTMENT OF HIGHER EDUCATION, COLORADO HISTORICAL SOCIETY, CAPITAL CONSTRUCTION PROJECTS, COLORADO HISTORY MUSEUM, SECOND FLOOR REHABILITATION, PHASE 1 OF 2:

This footnote references the second floor renovation project which I am vetoing.

The actions I am taking are based upon legal opinions and court decisions regarding inclusions in the general appropriations bill.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 5/3/99 5:10 p.m.

P. Dicks, Secretary

MESSAGE FROM THE GOVERNOR

May 3, 1999

The Honorable Colorado Senate

Sixty-Second General Assembly

First Regular Session

State Capitol

Denver, CO 80203

Ladies and Gentlemen:

I am returning to you Senate Bill 99-216, "Concerning an Increase in the Transfer of Moneys from the General Fund to the Capital Construction Fund," which I vetoed today at 4:31 p.m. This letter sets forth my reasons for vetoing the bill.

As you are aware, I vetoed three capital construction projects in Senate Bill 99-215. Since Senate Bill 99-216 directs the transfer of General Fund money to the Capital Construction Fund for the purpose of funding the capital projects contained in Senate Bill 99-215, I request that you submit a new bill to me that lowers the General Fund transfer to a level consistent with the revised amount of capital projects in Senate Bill 99-215.

Sincerely,

(Signed)

Bill Owens

Governor

Rec'd 5/3/99 5:10 p.m.

P. Dicks, Secretary

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99039

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

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 SB99039, concerning reporting of dropout rates of students in secondary schools in the state, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 1, line 7, strike "leaves school for any reason," and substitute "~~leaves~~ IS THE SUBJECT OF NOTIFICATION TO A SCHOOL OR SCHOOL DISTRICT THAT SUCH PERSON HAS LEFT OR WILL LEAVE school for any reason, OR SUCH PERSON HAS";

line 8, strike "INCLUDING HAVING".

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

Amend rerevised bill, page 2, line 22, after the period, add "SUCH RULES SHALL ALSO SET FORTH UNIFORM STANDARDS FOR DETERMINING WHICH SCHOOL OR SCHOOL DISTRICT SHALL COUNT A DROPOUT AS PART OF ITS OWN DROPOUT COUNT.".

Respectfully submitted,

Senate Committee: House Committee:

(Signed) (Signed)

Sen. MaryAnne Tebedo, Chair Rep. Dorothy Gotlieb, Chair

Sen. Ken Arnold Rep. Shawn Mitchell

Sen. Rob Hernandez Rep. Frana Mace

SIGNING OF BILLS

The President has signed: SJR 99-12, 37, 44, 51.

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 99-1280 by Rep. McPherson; Senator Lamborn--Investment Recovery Act

Call of Call of Senate.

Senate

Call Raised.

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

YES 20

NO 14

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
N
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
E
Perlmutter
N
Wattenberg
N

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
Y

Dennis
Y
Linkhart
N
Reeves
Y
Wham
N

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 was declared PASSED.

Co-sponsors added: Congrove, Epps, Musgrave, Tebedo

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

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

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
N
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

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

Co-sponsor added: Tebedo

HB 99-1371 by Representative T. Williams; also Senator Owen--Business group of one health plans

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

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

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

Co-sponsors added: Congrove, Epps, Evans, Feeley, Lamborn, Musgrave, Powers, Tebedo.

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

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

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

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

Co-sponsor added: Dennis

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

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

Co-sponsor added: Congrove

HB 99-1345 by Representative Spradley; also Senator Anderson--Tax credit for historic preservation

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

Co-sponsors added: Arnold, Chlouber, Evans, Hernandez, Hillman, Linkhart, Martinez, Pascoe, Reeves, Rupert, Sullivant, Weddig.

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

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

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
N
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

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

Co-sponsors added: Chlouber, Congrove, Hernandez, Hillman, Lamborn, Martinez, Powers, Teck.

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

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

YES 32

NO 2

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
N
Hernandez
Y
Owen
N
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

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

Co-sponsors added: Blickensderfer, Hernandez, Pascoe, Reeves, Rupert

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

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

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

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

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

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

SB 99-239 by Senators Lacy and Owen; also Representative Tool--General fund transfer to the capital

construction fund.

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

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

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

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

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

Co-sponsors added: Andrews, Epps, Evans, Hernandez, Musgrave, Tebedo.

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

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

Third Reading Amendment No. 1, by Senator Lacy

Amend revised bill, page 5, line 21, strike "DIRECTOR" and substitute "COMMITTEE".

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 29

NO 6

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
N
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
N
Lamborn
N
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
N

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

Co-sponsors added: Arnold, Blickensderfer, Hernandez, Linkhart, Martinez, Reeves, Rupert, Weddig.

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

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

YES 27

NO 8

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
N
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
Y
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
N

Dyer
Y
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-sponsors added: Feeley, Hernandez, Linkhart, Pascoe, Rupert, Weddig.

SB 99-239 by Senators Lacy and Owen; also Representative Tool--General fund transfer to the capital

construction fund.

Laid over until later in the day, May 4, 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 House amendements to Senate bills.

______________________________

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILL

SB 99-218 by Sen. Anderson; Rep. Stengel--Property Rights

Senator Anderson moved that the Senate concur in House amendments to SB99-218, as

printed in House Journal, April 29, page 1592.

Call of Call of Senate.

Senate

Call Raised.

Senator Sullivant moved a substitute motion that the Senate not concur in House amendments to SB99-218 and that a Conference Committee be appointed. The motion was LOST by the following roll call vote:

YES 16

NO 19

EXCUSED 0

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
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
Y

Senator Anderson renewed her motion that the Senate concur in House amendments to SB99-218. The motion was adopted by the following roll call vote:

YES 19

NO 16

EXCUSED 0

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
N
Weddig
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
Y

Dyer
N
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
N

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
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
N
Weddig
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
Y

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 REPASSED.

Co-sponsor added: Powers.

MESSAGES FROM THE HOUSE:

May 4, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1382.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1093, amended as printed in House Journal, May 3, page 1661;

HB99-1385, amended as printed in House Journal, May 3, page 1660;

SB99-081, amended as printed in House Journal, May 3, page 1653;

SB99-124, amended as printed in House Journal, May 3, page 1659;

SB99-225, amended as printed in House Journal, May 3, page 1653;

SB99-231, amended as printed in House Journal, May 3, page 1661.

The House has passed on Third Reading and returns herewith SB99-033, 226, 233 and 236.

May 4, 1999

Mr. President:

The House has adopted and transmits herewith HJM99-1001, as printed in House

Journal, May 3, pages 1675-1677.

INTRODUCTION OF RESOLUTIONS

The following resolutions were read by title:

HJR 99-1059 by Representative George; also Senator Powers--Concerning parking in the Capitol circle.

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

HJR 99-1060 by Representatives Smith, Alexander, Berry, Gagliardi, George, Larson, Lawrence, Miller, Spradley, Taylor, and Young; also Senators Dennis and Thiebaut--Concerning support for the "Aviation Investment and Reform Act for the 21^st Century" to require the Airport and Airway Trust Fund to be used for its intended purpose.

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

INTRODUCTION OF MEMORIAL

The following memorial was read by title:

HJM 99-1001 by Representative Gordon; also Senator Feeley--Memorializing former United States senator and state representative Floyd K. Haskell.

(Printed in House Journal, May 3, pages 1675-1677.)

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

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB991115

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

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 HB991115, concerning domestic violence, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 8, line 10, strike "4, 5, 6, 7, 9, and 10" and substitute "3, 4, 5, 6, 7, 8, 10, and 11".

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

Amend rerevised bill, page 7, line 17, strike "1 and 2" and substitute "1, 2, and 4";

line 19, strike "1 and 2" and substitute "1, 2, and 4";

after line 20, insert the following:

"SECTION 8. Appropriation adjustment in 1999 long bill. (1) (a) 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 human services, for allocation to the Colorado domestic abuse program fund established pursuant to section 3922802, Colorado Revised Statutes, for the fiscal year beginning July 1, 1999, the sum of two hundred fifty thousand dollars ($250,000), or so much thereof as may be necessary, for the implementation of this act.

(b) 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 the state court administrator, for the fiscal year beginning July 1, 1999, the sum of two hundred fifty thousand dollars ($250,000), or so much thereof as may be necessary, for the implementation of this act.

(2) 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 five hundred thousand dollars ($500,000).

(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by five hundred thousand dollars ($500,000).";

Renumber succeeding sections accordingly.

Page 7, strike lines 22 and 23 and substitute the following:

"(1) (a) In addition to any other appropriation set forth in this act, it appears that section 3 of this act will require additional future";

line 26, strike "for subsequent fiscal".

Page 8, line 1, strike "years,";

line 2, after "hundred", insert "fifty";

strike line 3 and substitute the following:

"($150,000).";

after line 3, insert the following:

"(b) In addition to any other appropriation set forth in this act, it appears that sections 5 and 6 of this act will require additional future appropriations from the general fund to the judicial department, for allocation to the state court administrator, and the amount required to be appropriated for the fiscal year beginning July 1, 2000, is estimated to be one hundred fifty thousand dollars ($150,000).";

line 9, strike "date applicability. (1)" and substitute "date.";

line 10, strike "Sections" and substitute "Section";

line 11, strike "3 and 8" and substitute "9" and strike "section 3" and substitute "section 9";

line 12, strike "if:" and substitute "if section 422206, Colorado Revised Statues, is amended in";

strike line 13.

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

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

Rep. Steve Tool Sen. Ginette Dennis

Rep. Gloria Leyba Sen. Ed Perlmutter

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB991260

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

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 HB991260, concerning strengthening of the criminal laws concerning sex offenders, has met and reports that it has agreed upon the following:

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

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

Amend rerevised bill, page 26, strike lines 22 through 24 and substitute the following:

"SECTION 23. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys remaining in the statewide instant criminal background check cash fund created in section 1226.5107, Colorado Revised Statutes, as it existed prior to November 30, 1998, not otherwise appropriated, to the department of public safety, for the fiscal year beginning July 1, 1999, the sum of two hundred fortyone thousand five hundred fiftyone dollars ($241,551) and 2.5 FTE, or so much thereof as may be necessary, for the implementation of sections 3 and 17 of this act.

SECTION 24. Future appropriations legislative intent. (1) In addition to any other appropriation set forth in this act, it appears that sections 3 and 17 of this act will";

Renumber succeeding sections accordingly.

Page 27, line 1, strike "two" and substitute "one hundred seventytwo thousand eight hundred eightytwo dollars ($172,882) and 1.5 FTE.";

strike lines 2 and 3;

strike lines 9 through 14 and substitute the following:

"SECTION 25. Effective date applicability. This act shall take effect July 1, 1999, and sections 3, 4, 14, and 17 of this act shall apply to offenses committed on or after said date; except that".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Steve Tool, Chair Sen. Norma Anderson, Chair

Rep. William Kaufman Sen. Dottie Wham

Rep. Gloria Leyba Sen. Ed Perlmutter

APPOINTMENTS TO CONFERENCE COMMITTEE

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

The President appointed Senators Lacy, Chairman, Hillman and Tanner as Senate Conferees on the First Conference Committee on HB99-1372.

MESSAGE FROM THE REVISOR

May 4, 1999

We herewith transmit:

without comment, HB99-1382; and,

without comment, as amended, HB99-1385, SB99-081, 124, 225, and 231; and,

with comment, as amended, HB99-1093.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

_________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, senate rules were suspended for Consideration of House amendments to Senate bills.

_________________________

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS

SB 99-124 by Sen. Owen; Rep. McElhany--Small Group Health Insurance

Senator Owen moved that the Senate concur in House amendments to SB99-124, as printed in House Journal, May 3, page 1659. The motion was adopted by the following roll call vote:

YES 32

NO 0

EXCUSED 3

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
E
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
E

Epps
Y
Matsunaka
Y
Sullivant
Y

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

YES 32

NO 0

EXCUSED 3

ABSENT 0

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
E
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
E

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 99-225 by Sen. Anderson--Elective Office Vacancies.

Senator Anderson moved that the Senate not concur in House amendments to SB99-225, as printed in House Journal, May 3, page 1653, and that a Conference Committee be appointed.

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

The President appointed Senators Anderson, Chairman, Tebedo and Dyer as Senate Conferees on the First Conference Committee on SB99-225.

SB 99-231 by Sen. Lacy; Rep. Tool--Tobacco Litigation Settlement Moneys

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

SB 99-081 by Sen. Chlouber; Rep. Young--Regulation Of Animal Racing

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

______________________________

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE RESOLUTIONS

SJR 99-046 by Senator Sullivant; also Representative George--Concerning an interim study on development and growth.

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

SJR 99-048 by Senator Teck, also Representative Swenson--Concerning an interim study of the need to conduct a fiscal study of state and local governments.

Senator Teck moved that the Senate concur in House amendments to SJR99-048, as printed in House Journal, April 29, pages 1562-1563. The motion 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

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

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

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

Co-sponsors added: Martinez, Perlmutter.

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE MEMORIAL

SJM 99-004 by Senator Hillman; also Representative Young--Memorializing the United States Congress to repeal the federal unified gift and estate tax.

Senator Hillman moved that the Senate concur in House amendments to SJM99-004 as

printed in House Journal, April 29, pages 1563-1564. The motion 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

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

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

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

CONFERENCE COMMITTEE GRANTED FURTHER POWERS

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

Senator Teck moved that the Senate Conferees on the First Conference Committee on HB99-1311 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 Senate proceeded out of order for Consideration of Memorials.

______________________________

CONSIDERATION OF MEMORIALS

SJM 99-003 by Senator Musgrave; also Representative May--Memorializing congress to establish a block grant program for the distribution of federal highway moneys, to use a uniform measure when considering the donor and donee issue, to eliminate demonstration projects, and to expand activities to combat the evasion of federal highway taxes and fees.

On motion of Senator Musgrave, the Memorial 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: Hernandez, Nichol, Powers.

SJM 99-005 by Senator Powers; also Representative Dean--Memorializing the members of the congress of the United States to refrain from enacting any pay increase for members of Congress without an affirmative vote or that takes effect before the following Congress has been elected and fully sworn into office.

On motion of Senator Powers, the Memorial was ADOPTED by the following roll

call vote:

YES 30

NO 5

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
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
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
N

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

Co-sponsor added: Musgrave.

______________________________

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 Governor's appointments.

______________________________

CONSIDERATION OF UNIVERSITY OF COLORADO BOARD OF REGENTS'

APPOINTMENTS

On motion of Senator Arnold, the following Regents' appointments were confirmed by

a roll call vote:

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.

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

On motion of Senator Anderson, the following Governor's appointments were confirmed

by a roll call vote:

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.

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

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

HB 99-1235 by Rep. Veiga; Senator Wham--DNA Testing Of All Convicts

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

Committee on HB99-1235, printed in Senate Journal, May 3, page 1109. The motion

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

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

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

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

HB 99-1337 by Rep. Hagedorn ; Senator Teck--Electronic Transactions

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

Committee on HB99-1337, printed in Senate Journal, May 3, page 1112. The motion

was adopted by the following roll call vote:

YES 25

NO 10

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
Y
Hernandez
Y
Owen
N
Teck
Y

Blickensderfer
Y
Hillman
N
Pascoe
Y
Thiebaut
N

Chlouber
N
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
Y
Rupert
Y
Mr. President
N

Epps
Y
Matsunaka
Y
Sullivant
N

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
Y

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
Y
Hernandez
Y
Owen
N
Teck
Y

Blickensderfer
Y
Hillman
N
Pascoe
Y
Thiebaut
N

Chlouber
N
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
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, as amended was declared REPASSED

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

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

Committee on HB99-1313, printed in Senate Journal, May 3, page 1111. The motion

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

YES 30

NO 5

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
N

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
Y

Dennis
Y
Linkhart
N
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
N

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

Co-sponsor added: Nichol.

INTRODUCTION OF BILLS

The following bills were read by title and referred to the committees indicated:

HB 99-1093 by Representative Lawrence; also Senator Anderson--Concerning additional funds for the children's basic health plan.

Finance

Appropriations

HB 99-1382 by Representative Young; also Senator Anderson--Concerning the authority of governmental entities to negotiate rail projects, and making an appropriation therefor.

Transportation

Appropriations

HB 99-1385 by Representatives Hefley, Dean, May, George, Alexander, Decker, Fairbank, Gordon, Johnson, Kaufman, Keller, Kester, King, Larson, Leyba, McKay, Nunez, Paschall, Scott, Sinclair, Spence, Spradley, Stengel, Swenson, Taylor, and Witwer; also Senators Tebedo, Chlouber, Blickensderfer, Dyer, Feeley, Hillman, Lamborn, Sullivant, and Weddig--Concerning the authorization for a Colorado at-risk youth program, and making an appropriation in connection therewith.

Judiciary

Appropriations

FIRST REPORT OF SECOND CONFERENCE COMMITTEE

ON HB99-1188

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

THIS REPORT AMENDS THE

REREVISED BILL

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

To the President of the Senate and the

Speaker of the House of Representatives:

Your second conference committee appointed on HB99-1188, concerning procedures related to adoption, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 8, line 17, strike "(V), AND (VI)" and substitute "AND (V)".

strike lines 20 through 24 and substitute the following:

"ADOPTEE'S ADOPTIVE GRANDPARENT, AN ADULT DESCENDANT OF AN ADULT ADOPTEE OR THE ADOPTIVE PARENT, AN ADOPTEE'S LEGAL GUARDIAN, AN ADOPTEE'S SPOUSE, OR THE LEGAL REPRESENTATIVE OF ANY SUCH INDIVIDUAL. NO".

Page 9, line 11, strike "ONE HUNDRED EIGHTY DAYS" and substitute "THREE YEARS".

Page 10, strike lines 14 through 18 and substitute the following:

"ADOPTIVE GRANDPARENT, AN ADULT DESCENDANT OF AN ADULT ADOPTEE OR THE ADOPTIVE PARENT, AN ADOPTEE'S LEGAL GUARDIAN, AN ADOPTEE'S SPOUSE, OR THE LEGAL REPRESENTATIVE OF ANY SUCH INDIVIDUAL SHALL BE ALLOWED";

line 20, strike "(V), AND (VI)." and substitute "AND (V).".

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

Amend rerevised bill, page 2, line 14, after "RELINQUISHMENT;", insert "AND".

Page 3, line 1, strike "RIGHTS; AND" and substitute "RIGHTS.";

strike line 2;

line 12, strike "A PARTY TO AN ADOPTION OR THE ADOPTEE" and substitute "ANY OF THE PARTIES IDENTIFIED IN SECTION 195304 (2)";

line 16, after "PARENT", insert "OR AN ADULT ADOPTIVE PARENT".

Page 5, line 9, strike "(b) (I)," and substitute "(b), (2),";

line 10, strike "amended" and substitute "amended, and the said 195304 is further amended BY THE ADDITION OF A NEW SUBSECTION,";

line 17, after "GRANDPARENT,", insert "ADULT" and after "AN", insert "ADULT";

after line 20, insert the following:

"(II) Available, subject to time constraints, for appointment by the court to act as a confidential intermediary for an adult adoptee, adoptive parent OR GRANDPARENT, biological parent OR GRANDPARENT, ADULT biological sibling or halfsibling OF AN ADULT ADOPTEE, ADULT DESCENDANT OF THE ADOPTEE OR THE ADOPTIVE PARENT, LEGAL GUARDIAN OF AN ADOPTEE, SPOUSE OF AN ADOPTEE, ADULT STEPCHILD OF AN ADOPTEE, OR THE LEGAL REPRESENTATIVE OF ANY SUCH INDIVIDUAL.

(2) Any adult adoptee, adoptive parent OR GRANDPARENT, biological parent OR GRANDPARENT, ADULT biological sibling or halfsibling ~~who is~~ OF AN ADULT ADOPTEE, ADULT DESCENDANT OF THE ADOPTEE OR THE ADOPTIVE PARENT, LEGAL GUARDIAN OF AN ADOPTEE, SPOUSE OF AN ADOPTEE, OR ADULT STEPCHILD OF AN ADOPTEE, ANY OF WHOM ARE eighteen years of age or older, OR THE LEGAL REPRESENTATIVE OF ANY SUCH INDIVIDUAL may file a motion, with supporting affidavit, in the court where the adoption took place, to appoint one or more confidential intermediaries for the purpose of determining the whereabouts of ~~his or her~~ SUCH INDIVIDUAL'S unknown relative or relatives; except that no one shall seek to determine the whereabouts of a relative who is younger than eighteen years of age. The court may rule on said motion and affidavit without hearing and may appoint a trained confidential intermediary.

(2.5) FOR PURPOSES OF PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION AND SUBSECTION (2) OF THIS SECTION, "LEGAL GUARDIAN" SHALL NOT INCLUDE A GOVERNMENTAL ENTITY OF ANY FOREIGN COUNTRY FROM WHICH A CHILD HAS BEEN ADOPTED OR ANY REPRESENTATIVE OF SUCH GOVERNMENTAL ENTITY.".

Page 7, line 6, after "(I)", insert "(A)";

line 7, strike "ADOPTIONS AND" and substitute "ADOPTIONS,";

line 8, strike "EXCEPT AS PROVIDED IN SECTION 195306,";

line 13, strike the second "ADULT" and strike "BIRTH" and substitute "BIOLOGICAL";

line 14, strike "ADULT";

line 15, after "ADULT", insert "BIOLOGICAL" and after the second "AN", insert "ADULT";

after line 23, insert the following:

"(B) FOR PURPOSES OF SUBSUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (I), "LEGAL GUARDIAN" SHALL NOT INCLUDE A GOVERNMENTAL ENTITY OF ANY FOREIGN COUNTRY FROM WHICH A CHILD HAS BEEN ADOPTED OR ANY REPRESENTATIVE OF SUCH GOVERNMENTAL ENTITY.".

Page 8, strike lines 13 and 14 and substitute the following:

"COPYING BY AN ADULT ADOPTEE, AN ADULT ADOPTIVE PARENT, OR THE LEGAL REPRESENTATIVE OF ANY SUCH".

Page 9, strike lines 1 through 5 and substitute the following:

strike lines 22 through 25 and substitute the following:

"CONTACT BY AN ADULT ADOPTEE, AN ADULT ADOPTIVE PARENT, OR AN ADULT DESCENDANT OF THE ADOPTEE OR THE ADOPTIVE PARENT WITH A BIRTH PARENT OR BIOLOGICAL RELATIVE MAY BE ATTEMPTED AT ANY TIME".

Page 10, after line 6, insert the following:

"(III) FOR ADOPTIONS FINALIZED ON OR AFTER SEPTEMBER 1, 1999, A BIRTH PARENT SHALL HAVE ACCESS TO ADOPTION RECORDS AND CONTACT WITH THE ADOPTEE OR THE ADOPTIVE FAMILY AS OTHERWISE PROVIDED BY LAW.";

line 7, after "(c)", insert "(I)";

line 10, strike "ADOPTEE, ADULT";

strike lines 11 and 12 and substitute the following:

"ADOPTEE, THE ADULT ADOPTIVE PARENT, OR THE LEGAL REPRESENTATIVE OF ANY SUCH INDIVIDUAL, SHALL BE ALLOWED";

after line 20, insert the following:

"(II) FOR PURPOSES OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (c), "LEGAL GUARDIAN" SHALL NOT INCLUDE A GOVERNMENTAL ENTITY OF ANY FOREIGN COUNTRY FROM WHICH A CHILD HAS BEEN ADOPTED OR ANY REPRESENTATIVE OF SUCH GOVERNMENTAL ENTITY.".

Page 13, strike lines 8 through 26.

Page 14, strike lines 1 through 19;

line 20, strike "195307." and substitute "195306.".

Page 15, line 4, strike "SECTIONS 195305 AND" and substitute "SECTION 195305.";

line 5, strike "195306.".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

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

Rep. Lynn Hefley Sen. John Evans

Rep. Fran Coleman Sen. Doug Linkhart

Senate in recess.

Senate reconvened.

MESSAGE FROM THE HOUSE:

May 4, 1999

Mr. President:

The House has voted to authorize the House conferees on the First Conference Committee on HB99-1311 to consider matters not at issue between the two houses.

The House has postponed indefinitely SCR99-002. The bill is returned herewith.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB991237

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

THIS REPORT AMENDS THE

REENGROSSED BILL

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

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB991237, concerning the expansion of the existing modification to Colorado taxable income for capital gains to include capital gains earned on property acquired prior to May 9, 1994, has met and reports that it has agreed upon the following:

That the Senate recede from its amendments made to the bill, as such amendments appear in the rerevised bill, and that the following amendment be substituted therefor:

Amend reengrossed bill, page 2, line 15, strike "EARNED" and substitute "SUBJECT TO THE PROVISIONS OF SUBSECTION (5) OF THIS SECTION, EARNED".

Page 3, line 6, strike "EARNED" and substitute "SUBJECT TO THE PROVISIONS OF SUBSECTION (5) OF THIS SECTION, EARNED";

after line 26, insert the following:

"(5) (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 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 TWO HUNDRED SIXTY MILLION DOLLARS, AS ADJUSTED PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (5), THEN ANY MODIFICATION FOR QUALIFYING GAINS RECEIVING CAPITAL TREATMENT AUTHORIZED BY SUBSUBPARAGRAPH (C) OR (D) OF SUBPARAGRAPH (I) OF PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION SHALL NOT BE ALLOWED FOR THE INCOME TAX YEAR IN WHICH SAID STATE FISCAL YEAR ENDED.

(b) (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 (a) OF THIS SUBSECTION (5) 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),"THE RATE OF GROWTH OF COLORADO PERSONAL INCOME" 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 (b), 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) IF THE EXECUTIVE COMMITTEE DISAPPROVES ANY ADJUSTMENT OF SAID DOLLAR AMOUNT CALCULATED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PARAGRAPH (b), THE EXECUTIVE COMMITTEE SHALL SPECIFY SUCH ADJUSTED DOLLAR AMOUNT TO BE UTILIZED BY THE EXECUTIVE DIRECTOR. ANY ADJUSTED DOLLAR AMOUNT SPECIFIED BY THE EXECUTIVE COMMITTEE PURSUANT TO THIS SUBPARAGRAPH (IV) SHALL BE CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (b).

(V) FOR THE PURPOSE OF DETERMINING WHETHER ANY MODIFICATION FOR QUALIFYING GAINS RECEIVING CAPITAL TREATMENT AUTHORIZED BY SUBSUBPARAGRAPH (C) OR (D) OF SUBPARAGRAPH (I) OF PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION IS TO BE ALLOWED IN ANY GIVEN TAX YEAR, THE EXECUTIVE DIRECTOR SHALL NOT UTILIZE ANY ADJUSTED DOLLAR AMOUNT THAT HAS NOT BEEN APPROVED PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH (b) OR OTHERWISE SPECIFIED PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH (b).

(VI) 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, 2000, THAT SEEK AUTHORIZATION FOR THE STATE TO RETAIN AND SPEND ALL OR ANY PORTION OF THE AMOUNT OF EXCESS REVENUES FOR THE STATE FISCAL YEAR ENDING DURING SAID CALENDAR YEAR, THE EXECUTIVE DIRECTOR SHALL NOT DETERMINE WHETHER ANY MODIFICATION FOR QUALIFYING GAINS RECEIVING CAPITAL TREATMENT AUTHORIZED BY SUBSUBPARAGRAPH (C) OR (D) OF SUBPARAGRAPH (I) OF PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION SHALL BE ALLOWED UNTIL THE IMPACT OF THE RESULTS OF SAID ELECTION ON THE AMOUNT OF THE EXCESS STATE REVENUES TO BE REFUNDED IS ASCERTAINED.".

Renumber succeeding subsections accordingly.

Page 4, strike lines 8 through 21.

Renumber succeeding subsection accordingly.

Page 4, line 26, after "REFUNDING", insert "A PORTION OF THE".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Penn Pfiffner, Chair Sen. John Andrews, Chair

Rep. Joe Nunez Sen. Ronald J. Teck

Rep. Bob Hagedorn Sen. Jim Dyer

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

Trans- After consideration on the merits, the committee recommends that HB99-1382 be

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

with favorable recommendation:

Amend printed bill, page 2, line 8, after "(2)", insert "(a)";

after line 20, insert the following:

"(b) IF THE REGIONAL TRANSPORTATION DISTRICT FAILS TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION FOR THE SOUTHEAST CORRIDOR TRANSPORTATION PROJECT WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS ACT, THE AUTHORITY OF THE DEPARTMENT TO RECEIVE FEDERAL TRANSIT FUNDS WITHIN THE REGIONAL TRANSPORTATION DISTRICT SHALL BE REPEALED.".

Page 5, strike lines 2 through 10 and substitute the following:

"SECTION 6. Safety Clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

Finance After consideration on the merits, the committee recommends that HB99-1093 be

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

Amend reengrossed bill, page 4, line 13, strike "AND ANY ADDITIONAL ITEMS APPROVED BY THE";

line 14, strike "POLICY BOARD,".

MESSAGE FROM THE HOUSE:

May 4, 1999

Mr. President:

In response to the request of the Senate, the Speaker has appointed Representatives Morrison, chairman, Dean, and Hagedorn as House conferees on the First Conference Committee on SB99-225.

The House has adopted and transmits herewith HJR99-1058, as printed in House Journal, April 30, pages 1626-1627.

The House has adopted the First Report of the First Conference Committee on SB99-041, as printed in House Journal, May 3, page 1656-1657, but failed to repass the bill. The bill is returned herewith.

The House has adopted the First Report of the First Conference Committee on HB99-1039, as printed in House Journal, May 3, page 1656 and has repassed the bill as amended.

INTRODUCTION OF RESOLUTION

HJR 99-1058 by Representatives Lee, Coleman, Fairbank, Keller, McKay, Paschall, Pfiffner, Scott, Stengel, S. Williams, Windels, and Witwer; also Senator Anderson--Concerning the tragedy at Columbine High School.

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

May 4.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB991137

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

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 HB991137, concerning an exclusion of certain income from Colorado taxable income, and, in connection therewith, excluding certain interest income, dividend income, and net capital gains from the income tax imposed on individuals, estates, and trusts, has met and reports that it has agreed upon the following:

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

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

Amend rerevised bill, page 1, line 7, strike "FOR" and substitute "SUBJECT TO THE PROVISIONS OF SUBPARAGRAPHS (III) TO (V) OF THIS PARAGRAPH (j), FOR".

Page 2, after line 26, insert the following:

"(III) 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 TWO HUNDRED TWENTY MILLION DOLLARS, AS ADJUSTED PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH (j), THEN THE STATE INCOME TAX MODIFICATION AUTHORIZED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH (j) SHALL NOT BE ALLOWED FOR THE INCOME TAX YEAR IN WHICH SAID STATE FISCAL YEAR ENDED.

(IV) (A) 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 SUBPARAGRAPH (III) OF THIS PARAGRAPH (j) 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 SUBSUBPARAGRAPH (A),"THE RATE OF GROWTH OF COLORADO PERSONAL INCOME" 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.

(B) UPON CALCULATING THE ADJUSTMENT OF SAID DOLLAR AMOUNT IN ACCORDANCE WITH SUBSUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (IV), 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.

(C) 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 SUBSUBPARAGRAPH (C) SHALL BE CONCLUDED NO LATER THAN TWENTYFIVE DAYS AFTER RECEIPT OF SUCH WRITTEN NOTIFICATION FROM THE EXECUTIVE DIRECTOR.

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

(E) FOR THE PURPOSE OF DETERMINING WHETHER THE STATE INCOME TAX MODIFICATION AUTHORIZED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH (j) IS TO BE ALLOWED IN ANY GIVEN TAX YEAR, THE EXECUTIVE DIRECTOR SHALL NOT UTILIZE ANY ADJUSTED DOLLAR AMOUNT THAT HAS NOT BEEN APPROVED PURSUANT TO SUBSUBPARAGRAPH (C) OF THIS SUBPARAGRAPH (IV) OR OTHERWISE SPECIFIED PURSUANT TO SUBSUBPARAGRAPH (D) OF THIS SUBPARAGRAPH (IV).".

Page 3, line 1, strike "(III)" and substitute "(V)";

strike lines 7 through 11 and substitute the following:

"DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL NOT DETERMINE WHETHER THE STATE INCOME TAX MODIFICATION AUTHORIZED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH (j) SHALL BE ALLOWED AND SHALL NOT PROMULGATE RULES CONTAINING SAID STATE INCOME TAX MODIFICATION UNTIL THE IMPACT OF THE RESULTS OF SAID ELECTION ON THE AMOUNT OF THE EXCESS STATE REVENUES TO BE REFUNDED IS ASCERTAINED.

(VI) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT THE STATE INCOME TAX MODIFICATION AUTHORIZED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH (j) IS A REASONABLE METHOD OF REFUNDING A PORTION OF THE EXCESS STATE REVENUES REQUIRED TO BE REFUNDED IN ACCORDANCE WITH SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION.".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Jack Taylor, Chair Sen. Tom Blickensderfer, Chair

Rep. Gary McPherson Sen. Ronald J. Teck

Rep. Carl Miller Sen. Rob Hernandez

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB991311

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

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 HB991311, concerning the refunding of state revenues in excess of the constitutional limitation on state fiscal year spending by means of a credit against state taxes, and making an appropriation therefor, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 5, strike lines 20 through 24 and substitute the following:

"(3) SUBJECT TO THE PROVISIONS OF SUBSECTION (8) OF THIS SECTION, FOR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 1998, IF, BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH SECTION 2477106.5, C.R.S., THE CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR SAID FISCAL YEAR EXCEEDED THE LIMITATION ON STATE FISCAL YEAR SPENDING".

Page 6, line 24, strike "(5) THE" and substitute "(5) (a) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (5), THE".

Page 7, line 4, strike "AUGUST" and substitute "JANUARY";

line 8, strike "AUGUST" and substitute "JANUARY";

after line 9, insert the following:

"(b) IF THE REVENUE ESTIMATE PREPARED BY THE STAFF OF THE LEGISLATIVE COUNCIL IN JUNE, 1999, INDICATES THAT THE AMOUNT OF STATE REVENUES WILL EXCEED THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION FOR THE FISCAL YEAR COMMENCING ON JULY 1, 1998, THEN THE CREDIT AGAINST STATE TAXES THAT MAY BE ALLOWED IN THE STATE FISCAL YEAR COMMENCING ON JULY 1, 1999, SHALL BE CLAIMED BY A QUALIFIED TAXPAYER BY TIMELY FILING A FORM PRESCRIBED BY THE DEPARTMENT OF REVENUE AND PROOF OF PAYMENT OF AGGREGATE PERSONAL PROPERTY TAXES PAID BY THE QUALIFIED TAXPAYER TO ALL TAXING JURISDICTIONS IN THE STATE FISCAL YEAR COMMENCING ON JULY 1, 1998, WITH THE DEPARTMENT OF REVENUE NO LATER THAN AUGUST 31, 1999. IF THE CREDIT AGAINST STATE TAXES IS ALLOWED IN THE STATE FISCAL YEAR COMMENCING ON JULY 1, 1999, IN ACCORDANCE WITH SUBSECTION (8) OF THIS SECTION, IN NO EVENT SHALL THE CREDIT AGAINST STATE TAXES CLAIMED BY A QUALIFIED TAXPAYER BE ALLOWED IF SAID FORM AND PROOF OF PAYMENT IS FILED AFTER AUGUST 31, 1999.";

strike lines 18 through 26.

Page 8, strike lines 1 through 6 and substitute the following:

"(8) (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 ONE HUNDRED SEVENTY MILLION DOLLARS, THEN THE CREDIT AUTHORIZED BY SUBSECTION (3) OF THIS SECTION SHALL NOT BE ALLOWED IN THE STATE FISCAL YEAR COMMENCING ON JULY 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 ONE HUNDRED SEVENTY MILLION DOLLARS, AS ADJUSTED PURSUANT TO PARAGRAPH (c) OF THIS SUBSECTION (8), THEN THE CREDIT AUTHORIZED BY SUBSECTION (3) OF THIS SECTION SHALL NOT BE ALLOWED IN THE IMMEDIATELY FOLLOWING STATE FISCAL YEAR.

(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 (8) 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),"THE RATE OF GROWTH OF COLORADO PERSONAL INCOME" 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.

(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 COMMITTEE 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 (3) OF THIS SECTION IS TO BE ALLOWED IN ANY GIVEN STATE FISCAL 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 REVENUES FOR THE STATE FISCAL YEAR ENDING DURING SAID CALENDAR YEAR, THE EXECUTIVE DIRECTOR SHALL NOT DETERMINE WHETHER THE CREDIT AUTHORIZED BY SUBSECTION (3) 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.";

after line 9, insert the following:

"SECTION 2. 2477106.5, Colorado Revised Statutes, is amended to read:

2477106.5. Annual financial report certification of state excess revenues. (1) (a) For each fiscal year, the controller shall prepare a financial report for the state for purposes of ascertaining compliance with the provisions of this article. Any financial report prepared pursuant to this section shall include, but shall not be limited to, state fiscal year spending, reserves, revenues, and debt. Such financial report shall be audited by the state auditor.

(b) BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH PARAGRAPH (a) OF THIS SUBSECTION (1) FOR ANY GIVEN FISCAL YEAR, THE CONTROLLER SHALL CERTIFY TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE NO LATER THAN SEPTEMBER 1 FOLLOWING THE END OF A FISCAL YEAR THE AMOUNT OF STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION, IF ANY, FOR SUCH FISCAL YEAR.

(2) ANY FINANCIAL REPORT PREPARED AND CERTIFICATION OF STATE EXCESS REVENUES MADE PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL BE AUDITED BY THE STATE AUDITOR. NO LATER THAN SEPTEMBER 15 FOLLOWING THE CERTIFICATION MADE BY THE STATE CONTROLLER FOR ANY GIVEN FISCAL YEAR, THE STATE AUDITOR SHALL REPORT AND TRANSMIT TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE THE RESULTS OF ANY AUDIT CONDUCTED IN ACCORDANCE WITH THIS SUBSECTION (2).

~~(2)~~ (3) Notwithstanding any generally accepted accounting principles to the contrary, financial reports prepared pursuant to subsection (1) of this section shall not include any unrealized gains or losses on investments held by the state.".

Renumber succeeding sections accordingly.

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

Page 3, line 25, after "REFUND", insert "A PORTION OF THE".

Page 4, line 19, after "REFUNDING", insert "A PORTION OF THE".

Page 5, line 25, after "CONSTITUTION", insert "FOR SAID FISCAL YEAR".

Page 8, before line 12, insert the following:

"SECTION 3. Article 77 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

2477103.7. Refunds of excess state revenues. IF, THROUGH ONE OR MORE MECHANISMS UTILIZED PURSUANT TO LAW TO REFUND STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING FOR ANY GIVEN FISCAL YEAR, THE AMOUNT OF STATE REVENUES ACTUALLY REFUNDED DURING ANY GIVEN FISCAL YEAR EXCEEDS THE AMOUNT OF STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING FOR THE IMMEDIATELY PRECEDING FISCAL YEAR REQUIRED TO BE REFUNDED, AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE AMOUNT OF STATE REVENUES ACTUALLY REFUNDED AND THE AMOUNT OF STATE REVENUES FROM THE IMMEDIATELY PRECEDING FISCAL YEAR REQUIRED TO BE REFUNDED SHALL BE A REFUND OF STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING FOR THE FISCAL YEAR IN WHICH SAID STATE REVENUES WERE REFUNDED.".

Renumber succeeding sections accordingly.

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Lola Spradley, Chair Sen. Dave Owen, Chair

Rep. Gary McPherson Sen. Ronald J. Teck

Rep. Todd Saliman Sen. Terry Phillips

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB99-1372

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

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 HB99-1372, concerning the creation of the office of innovation and technology in the governor's office, and making an appropriation in connection therewith, has met and reports that it has agreed upon the following:

Amend rerevised bill, page 12, strike lines 8 through 13 and substitute the following:

"(II) The president of the senate shall appoint ~~one member~~ THREE MEMBERS of the senate, ONE OF WHOM SHALL BE A MINORITY PARTY MEMBER, and the speaker of the house of representatives shall appoint ~~one member~~ THREE MEMBERS of the house of representatives, ONE OF WHOM SHALL BE A MINORITY PARTY MEMBER; and".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Ron May, Chair Sen. Elsie Lacy, Chair

Rep. Gary McPherson Sen. Mark Hillman

Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: HB99-1385

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:

SB 99-239 by Senators Lacy and Owen; also Representative Tool--General fund transfer to the capital

construction fund.

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

Third Reading Amendment No. 1, by Senators Feeley and Perlmutter

Amend engrossed bill, page 2, line 7, strike "SIXTY-EIGHT" and substitute "SEVENTY-THREE";

after line 10, insert the following:

"SECTION 2. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, to the department of education, for allocation to the Jefferson County Public School district R1, for the fiscal year beginning July 1, 1999, the sum of five million dollars ($5,000,000) as a grant for discretionary capital construction. These funds shall be from capital construction funds exempt as a result of the general fund transferred in section (1) of this act.

(2) The appropriation made in subsection (1) of this section shall become available upon passage of this act, and, if initiated within the fiscal year, the appropriation for the grant shall remain available for a period of three years.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "FUND." and substitute "FUND, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

The amendment 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

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

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

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

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

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

Third Reading Amendment No. 1, by Senator Blickensderfer

Amend revised bill, page 4, line 16, strike "amended" and substitute "amended, and the said 2450703 is further amended BY THE ADDITION OF A NEW SUBSECTION,";

strike line 18 and substitute the following:

" guidelines and goals. (5.5) A LABORMANAGEMENT COOPERATION COUNCIL SHALL BE ORGANIZED WITHIN ANY STATE AGENCY THAT IS PARTICIPATING IN THE PILOT PROGRAM. SUCH COUNCIL SHALL BE COMPRISED OF REPRESENTATIVES FROM THE STATE AGENCY'S MANAGEMENT AND NONMANAGEMENT EMPLOYEES AND STATE EMPLOYEE ORGANIZATIONS AS FULL PARTNERS. THE COUNCIL MAY REVIEW AND MAKE COMMENTS AND RECOMMENDATIONS ON THE STATE AGENCY'S REPORT PURSUANT TO SUBSECTION (6) OF THIS SECTION AND ON THE AGENCY'S PILOT PROGRAM TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL AND THE STATE PERSONNEL BOARD.

(6) (b) The reports required pursuant to this";

line 20, strike "BOARD AND" and substitute "BOARD,";

line 21, strike "PERSONNEL." and substitute "PERSONNEL, AND A LABORMANAGEMENT COOPERATION COUNCIL OF THE AGENCY PARTICIPATING IN THE PROGRAM. SUCH LABORMANAGEMENT COOPERATION COUNCIL MAY REVIEW AND MAKE COMMENTS AND RECOMMENDATIONS ON THE REPORT AND THE PILOT PROGRAM TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL AND THE STATE PERSONNEL BOARD.".

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

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

YES 20

NO 13

EXCUSED 2

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
E
Perlmutter
N
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
N
Weddig
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
Y

Dyer
Y
Martinez
E
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.

______________________________

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE RESOLUTIONS

SJR 99-046 by Senator Sullivant; also Representative George--Concerning an interim study on development and growth.

Senator Sullivant moved that the Senate not concur in House amendments to SJR99-046, as printed in House Journal, April 29, pages 1560-1561, and that a Conference Committee be appointed.

Senator Chlouber moved a substitute motion that the Senate not concur in House

amendments to SJR99-046 and adhere to its position. 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
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
N

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
N
Phillips
Y
Weddig
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
N

Dyer
Y
Martinez
E
Rupert
N
Mr. President
N

Epps
Y
Matsunaka
N
Sullivant
N

_________________________

CONSIDERATION OF CONFERENCE COMMITTEE REPORTS

SB 99-039 by Sen. Tebedo; Rep. Mace--Dropout Definition & District Reporting

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

Committee on SB99-039, printed in Senate Journal, May 4, page 1145-1146. 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 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

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

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

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

Committee on HB99-1115, printed in Senate Journal, May 4, pages 1151-1153. 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

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

Co-sponsors added: Pascoe, Reeves, Weddig.

HB 99-1260 by Rep. Tool; Senator Anderson--Sex Offenders

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

Committee on HB99-1260, printed in Senate Journal, May 4, page 1153. 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 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.

Co-sponsors added: Epps, Wedddig.

HB 99-1188 by Rep. Coleman; Senator Linkhart--Adoption Procedures

Senator Linkhart moved for the adoption of the First Report of the Second Conference

Committee on HB99-1188, printed in Senate Journal, May 4, pages 1160-1162. 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 32

NO 2

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
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
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.

Co-sponsor added: Perlmutter.

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

Senator Andrews moved for the adoption of the First Report of the First Conference Committee on HB99-1237, printed in Senate Journal, May 4, pages 1162-1164. The motion was adopted by the following roll call 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
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

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

YES 30

NO 4

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
Y
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
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
N
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.

Co-sponsors added: Hernandez, Tebedo

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

Senator Blickensderfer moved for the adoption of the First Report of the First

Conference Committee on HB99-1137, printed in Senate Journal, May 4, pages

1165-1166.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

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

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

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

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

Senator Lacy moved to reject the First Report of the First Conference Committee on HB99-1372,as printed in Senate Journal, May 4, pages 1169-1170, and that the Conference Committee be dissolved and that a new Conference Committee be appointed.

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

The President appointed Senators Lacy, Chairman, Hillman and Tanner as Senate Conferees on the Second Conference Committee on HB99-1372.

RECALL OF SJR99-046

SJR 99-046 by Senator Sullivant; also Representative George--Concerning an interim study on development and growth.

Having voted on the prevailing side, Senator Dennis moved for the recall of SJR99-046 from the House. The motion was denied by the following roll call vote:

YES 10

NO 23

EXCUSED 2

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
N
Nichol
N
Tebedo
N

Arnold
N
Hernandez
N
Owen
N
Teck
N

Blickensderfer
Y
Hillman
N
Pascoe
Y
Thiebaut
N

Chlouber
N
Lacy
N
Perlmutter
N
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
N
Weddig
Y

Dennis
Y
Linkhart
E
Reeves
Y
Wham
Y

Dyer
Y
Martinez
E
Rupert
N
Mr. President
Y

Epps
N
Matsunaka
N
Sullivant
Y

______________________________

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS

SB 99-081 by Sen. Chlouber; Rep. Young--Regulation Of Animal Racing

Senator Chlouber moved that the Senate concur in House amendments to SB99-081, as

printed in House Journal, May 3, page 1653.

Senator Lacy moved a substitute motion that the Senate adhere to its position. The motion

was LOST by the following roll call vote:

YES 10

NO 24

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
N
Musgrave
Y
Tanner
N

Andrews
N
Feeley
N
Nichol
N
Tebedo
N

Arnold
Y
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
N
Pascoe
N
Thiebaut
N

Chlouber
N
Lacy
Y
Perlmutter
N
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
N
Weddig
N

Dennis
N
Linkhart
N
Reeves
Y
Wham
N

Dyer
N
Martinez
E
Rupert
N
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
Y

Senator Chlouber renewed his motion that the Senate concur in House amendments to

SB99-081, as printed in House Journal, May 3, page 1653. The motion was adopted

by the following roll call vote:

YES 28

NO 6

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
N
Musgrave
N
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
N
Teck
Y

Blickensderfer
N
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
N
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
N
Sullivant
Y

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

following result:

YES 30

NO 4

EXCUSED 1

ABSENT 0

Anderson
Y
Evans
N
Musgrave
N
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
N
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
N
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.

Co-sponsor added: Hillman

SB 99-231 by Sen. Lacy; Rep. Tool--Tobacco Litigation Settlement Moneys

Laid over until Wednesday, May 5, retaining its place on the calendar.

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: HB99-1382

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

riations postponed indefinitely: HB99-1093

MESSAGE FROM THE HOUSE:

May 4, 1999

Mr. President:

The House has adopted the First Report of the First Conference Committee on HB99-1235, as printed in House Journal, May 4, page 1235, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB99-1313, as printed in House Journal, May 4, page 1724, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB99-1337, as printed in House Journal, May 4 pages 1724-1725, and has repassed the bill as amended.

The House has voted to concur in the Senate amendments to HB99-1187, 1280, 1360, 1369, 1373, 1381, 1383 and has repassed the bills as so amended.

The House has voted to authorize the House conferees on the First Conference Committee on SB99-088 to consider matters not at issue between the two houses.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99088

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

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 SB99088, concerning high occupancy vehicle lanes, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 3, strike lines 16 through 26 and substitute the following:

"OPTIONS INCLUDING TRANSIT.".

Page 4, strike lines 1 through 7;

line 12, after "FUND.", add "IT IS NOT THE INTENT OF THE GENERAL ASSEMBLY THAT THE CONVERSION OF A HIGH OCCUPANCY VEHICLE LANE TO A HIGH OCCUPANCY TOLL LANE SHALL DETRACT IN ANY WAY FROM THE POSSIBLE PROVISION OF MASS TRANSIT OPTIONS BY THE REGIONAL TRANSPORTATION DISTRICT OR ANY OTHER AGENCY IN THE CORRIDOR WHERE THE HIGH OCCUPANCY TOLL LANE IS LOCATED.";

line 15, after "CARPOOLS,", insert "AND";

strike lines 17 and 18 and substitute the following:

"RATING OVER 10,000 POUNDS.".

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

Amend rerevised bill, page 1, line 2, after "(1),", insert "(2),".

Page 6, after line 2, insert the following:

"(2) A motorcycle may be operated upon high occupancy vehicle lanes pursuant to section 163 of Public Law 97424 OR UPON HIGH OCCUPANCY TOLL LANES, unless prohibited by official traffic control devices.".

Respectfully submitted,

Senate Committee: House Committee:

(Signed) (Signed)

Sen. John Andrews, Chair Rep. Brad Young, Chair

Sen. Marilyn Musgrave Rep. Glenn Scott

Sen. Bill Thiebaut Rep. Bob Hagedorn

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB991278

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

THIS REPORT AMENDS THE

REENGROSSED BILL

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

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB991278, concerning administrative hearings in workers' compensation cases conducted by administrative law judges, and making an appropriation in connection therewith, has met and reports that it has agreed upon the following:

That the Senate recede from its amendments made to the bill, as said amendments appear in the rerevised bill, and that the following amendments be substitute therefor:

Amend reengrossed bill, page 2, strike lines 18 through 23.

Strike pages 3 and 4.

Page 5, strike lines 1 through 25.

Renumber succeeding sections accordingly.

Page 6, strike lines 7 through 26.

Strike page 7.

Page 8, strike lines 1 through 10 and substitute the following:

"CASES HAVE NOT BEEN REVIEWED AND STUDIED IN DEPTH FOR SEVERAL YEARS. IN THE INTEREST OF IMPROVING THE ENTIRE SYSTEM, THE GENERAL ASSEMBLY FURTHER FINDS THAT THE ENTIRE SYSTEM SHOULD BE EVALUATED.";

line 11, strike "231503." and substitute "231502.";

line 19, strike "WITH THREE MEMBERS";

strike line 20;

line 21, strike "MINORITY LEADER";

line 22, strike "WITH TWO MEMBERS";

strike lines 23 through 25 and substitute the following:

"THE PRESIDENT OF THE SENATE. THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES SHALL MAKE RECOMMENDATIONS OF MINORITY PARTY HOUSE MEMBERS TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND THE MINORITY LEADER OF THE SENATE SHALL MAKE RECOMMENDATIONS OF MINORITY PARTY SENATE MEMBERS TO THE PRESIDENT OF THE SENATE. THE SPEAKER AND THE PRESIDENT SHALL MAKE THEIR INITIAL";

line 26, strike "JULY 15, 1999," and substitute "JUNE 1, 1999.".

Page 9, line 2, strike "AUGUST 15, 1999." and substitute "JULY 15, 1999.";

strike lines 6 and 7 and substitute the following:

"(a) CONDUCT HEARINGS AND ACCEPT TESTIMONY FROM LABOR GROUPS, THE BUSINESS COMMUNITY, AFFECTED STATE AGENCIES, AND ANY OTHER PERSONS WITH AN INTEREST IN THE ADMINISTRATIVE LAW JUDGE SYSTEM FOR WORKERS' COMPENSATION CASES IF THE COMMITTEE CONSIDERS SUCH HEARINGS AND TESTIMONY APPROPRIATE;";

strike lines 21 through 26.

Page 10, strike line 1 and substitute the following:

"SECTION 3. Appropriation. In addition to any other appropriation, there is hereby".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Tambor Williams, Chair Sen. Doug Lamborn, Chair

Rep. Jennifer Veiga Sen. Norma Anderson

Rep. Mark Larson Sen. Jim Dyer

MESSAGE FROM THE HOUSE:

May 4, 1999

Mr. President:

The House has postponed indefinitely SB99-208. The bill is returned herewith.

The House has adopted the First Report of the First Conference Committee on HB99-1115, as printed in House Journal, May 4, and has repassed the bill as amended.

The House has adopted the First Report of the Second Conference Committee on HB99-1188, as printed in House Journal, May 4, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB99-1237, as printed in House Journal, May 4, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on HB99-1260, as printed in House Journal, May 4, and has repassed the bill as amended.

The House has adopted the First Report of the First Conference Committee on SB99-088, as printed in House Journal, May 4, and has repassed the bill as so amended. The bill is returned herewith.

_________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, senate rules were 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, HB99-1382 was made Special Orders at 7:52 p.m.

__________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB99-1382 was made Special Orders at 7:52 p.m..

__________________________

Committee The hour of 7:52 p.m. having arrived, Senator Wattenberg moved that the Senate resolve

of the itself into 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--7:52 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:

HB 99-1382 by Rep. Young--Rail Project Negotiations

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, May 4, page 1164.)

Amendment No. 2, by Senator Anderson

Strike the transportation and energy committee amendment, as printed in Senate Journal, dated May 4, page 1, lines 1 through 12, and substitute the following:

"Amend reengrossed bill, page 2, strike lines 4 and 5 and substitute the following:

"transportation purposes for which no regional or local subdivision of the state has operating authority; EXCEPT THAT, IF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE DENVER REGIONAL TRANSPORTATION DISTRICT AND THE DEPARTMENT CONCERNING THE SOUTHEAST CORRIDOR INTERMODAL TRANSPORTATION PROJECT IS NOT SIGNED BY OCTOBER 15, 1999, THEN THE CHIEF ENGINEER AND THE EXECUTIVE DIRECTOR ARE AUTHORIZED TO ACCEPT, ON BEHALF OF THE STATE, ANY FEDERAL TRANSIT FUNDS MADE AVAILABLE.";

strike lines 8 through 20, and substitute the following:

"4311001. Urban mass transportation grants. (2) The authority contained in subsection (1) of this section shall not apply to federal grant funds where there exists a designated recipient for such funds, and funds made available under section 3 of the federal "Urban Mass Transportation Act of 1964" within the Denver regional transportation district, and funds for other projects in urbanized areas with populations in excess of two hundred thousand persons, except as provided in sections 431601 and 431901; EXCEPT THAT, IF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE DENVER REGIONAL TRANSPORTATION DISTRICT AND THE DEPARTMENT CONCERNING THE SOUTHEAST CORRIDOR INTERMODAL TRANSPORTATION PROJECT IS NOT SIGNED BY OCTOBER 15, 1999, THEN THE PROVISIONS OF SUBSECTION (1) SHALL APPLY TO ALL FEDERAL GRANT FUNDS.".

Page 5, strike lines 2 through 10 and substitute the following:

"SECTION 6. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".".

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator 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:

HB99-1382 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 Senate proceeded out of order for Consideration of Resolutions.

______________________________

CONSIDERATION OF RESOLUTIONS

HJR 99-1042 by Representative Tool; also Senator Wham--Concerning creation of an interim committee to study the treatment of persons with mental illness who are involved in the criminal justice system.

(Printed in House Journal, April 15, pages 1265-1268.)

Amendment No. 1, by Senator Evans

Amend reengrossed joint resolution, page 2, after line 39, insert the following:

"(f) Ongoing treatment and supervision, especially with regard to medication, of adults and juveniles who are on probation or parole and housed within the community;".

Reletter succeeding paragraphs accordingly.

Amendment No. 2, by Senator Feeley

Amend engrossed resolution, page 3, line 10, before "shall" insert "and the Minority Leader of the Senate";

line 16, strike "three" and substitute "two";

line 18, after "committee,", insert "and the Senate Minority Leader shall appoint one senator to serve on the interim committee,";

line 19, strike "whom" and substitute "the three".

On motion of Senator Wham, the Resolution, as amended, 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

HJR 99-1018 by Representatives Larson and George; also Senator Dennis--Concerning the creation of an interim committee to study the regulation of oil and gas production in Colorado.

(Printed in House Journal, March 25, pages 962-964.)

Senator Dennis moved for the adoption of HJR99-1018.

On a substitute motion, Senator Owen moved that HJR99-1018 be referred to the

Committee on Appropriations.

A majority of all members elected to the Senate having voted in the affirmative, the substitute 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 were was suspended for Consideration of Conference Committee Report on HB99-1278.

_________________________

CONSIDERATION OF CONFERENCE COMMITTEE REPORT

HB 99-1278 by Rep. T. Williams; Senator Lamborn--Administrative Hearing Procedures

Senator Lamborn moved to reject the First Report of the First Conference Committee on HB99-1278, as printed in Senate Journal, May 4, pages 1177-1178, and that the Conference Committee be dissolved and that a new Conference Committee be appointed.

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

The President appointed Senators Lamborn, Chairman, Anderson and Dyer as Senate Conferees on the Second Conference Committee on HB99-1278

______________________________

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 Request for Conference Committee on SB99-022.

______________________________

REQUEST FOR CONFERENCE COMMITTEE

SB 99-022 by Sen. Wham; Rep. Tool--Access To OB/GYN Medical Care

Pursuant to Joint Rule 5, Senator Wham moved that the Senate adhere to its position on

SB99-022.

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

TRIBUTES -- A POINT OF INTEREST

Memorializing Kyle Albert Velasquez--by Senator Hernandez

Memorializing those victims killed at Columbine High School--by Senators Anderson, Congrove, Feeley, Perlmutter and Sullivant

Honoring Jacqueline Trainer--by Senator Linkhart

Honoring Daniel P. Murrietta--by Senator Linkhart

Honoring the Lincoln Elementary RadioMetric Team--by Senator Linkhart

Honoring Joe Sandoval--by Senators Linkhart and Hernandez

Honoring the Rampart High School Boy's State Champion Football Team--by Senator Lamborn

Honoring Val & Dan Henderson--by Senator Dennis; also Representatives Lawrence, Spradley and Tapia

Honoring Colorado Bluesky Enterprises--by Senator Dennis

Honoring the Retired & Senior Volunteer Program by SRDA--by Senator Dennis

Honoring Officer Christopher Krohn--by Senator Chlouber

Honoring Ben & Fern Lacy--by Senator Lacy

Honoring Senior Companions--by Senator Wham

Honoring Former Senator Claire Traylor--by Senator Wham

JOURNAL CORRECTION

Amend the Senate Journal, April 29, page 1054, strike lines 10 through 13 and substitute

the following:

"HB 99-1308 by Rep. Allen; Sen. Hillman--Teacher Licensure & Immunity

The President appointed Senators Hillman, Chairman, Arnold and Matsunaka as Senate

Conferees on the First Conference Committee on HB99-1308.".

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

May 5, 1999.

Approved:

Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate

YES 20		NO 14		EXCUSED 1		ABSENT 0
Anderson	Y	Evans	N	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	E	Perlmutter	N	Wattenberg	N
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	Y
Dennis	Y	Linkhart	N	Reeves	Y	Wham	N
Dyer	Y	Martinez	N	Rupert	N	Mr. President	Y
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	N	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

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

YES 32		NO 2		EXCUSED 1		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	N	Hernandez	Y	Owen	N	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

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 29		NO 6		EXCUSED 0		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	N	Tanner	Y
Andrews	N	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Owen	N	Teck	Y
Blickensderfer	Y	Hillman	Y	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	N	Lamborn	N	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	N

YES 27		NO 8		EXCUSED 0		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	N	Tanner	Y
Andrews	Y	Feeley	Y	Nichol	Y	Tebedo	Y
Arnold	N	Hernandez	Y	Owen	N	Teck	N
Blickensderfer	Y	Hillman	N	Pascoe	Y	Thiebaut	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	N	Lamborn	N	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	N
Dyer	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 16		NO 19		EXCUSED 0		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	Y	Rupert	Y	Mr. President	N
Epps	N	Matsunaka	Y	Sullivant	Y

YES 19		NO 16		EXCUSED 0		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	N	Weddig	N
Dennis	Y	Linkhart	N	Reeves	N	Wham	Y
Dyer	N	Martinez	N	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	N	Sullivant	N

YES 32		NO 0		EXCUSED 3		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	E	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	E
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 30		NO 5		EXCUSED 0		ABSENT 0
Anderson	Y	Evans	Y	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	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	N
Dennis	Y	Linkhart	Y	Reeves	Y	Wham	Y
Dyer	Y	Martinez	Y	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 25		NO 10		EXCUSED 0		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	N	Tanner	Y
Andrews	N	Feeley	Y	Nichol	Y	Tebedo	N
Arnold	Y	Hernandez	Y	Owen	N	Teck	Y
Blickensderfer	Y	Hillman	N	Pascoe	Y	Thiebaut	N
Chlouber	N	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	Y	Rupert	Y	Mr. President	N
Epps	Y	Matsunaka	Y	Sullivant	N

YES 28		NO 7		EXCUSED 0		ABSENT 0
Anderson	Y	Evans	Y	Musgrave	Y	Tanner	Y
Andrews	N	Feeley	Y	Nichol	Y	Tebedo	N
Arnold	Y	Hernandez	Y	Owen	N	Teck	Y
Blickensderfer	Y	Hillman	N	Pascoe	Y	Thiebaut	N
Chlouber	N	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	Y	Rupert	Y	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 20		NO 13		EXCUSED 2		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	E	Perlmutter	N	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	N	Weddig	N
Dennis	Y	Linkhart	N	Reeves	N	Wham	Y
Dyer	Y	Martinez	E	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	N	Sullivant	Y

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

YES 30		NO 4		EXCUSED 1		ABSENT 0
Anderson	Y	Evans	Y	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	Y
Chlouber	Y	Lacy	Y	Perlmutter	Y	Wattenberg	Y
Congrove	Y	Lamborn	Y	Phillips	Y	Weddig	Y
Dennis	Y	Linkhart	N	Reeves	Y	Wham	Y
Dyer	Y	Martinez	E	Rupert	N	Mr. President	Y
Epps	Y	Matsunaka	Y	Sullivant	Y

YES 10		NO 23		EXCUSED 2		ABSENT 0
Anderson	N	Evans	N	Musgrave	N	Tanner	Y
Andrews	N	Feeley	N	Nichol	N	Tebedo	N
Arnold	N	Hernandez	N	Owen	N	Teck	N
Blickensderfer	Y	Hillman	N	Pascoe	Y	Thiebaut	N
Chlouber	N	Lacy	N	Perlmutter	N	Wattenberg	N
Congrove	N	Lamborn	N	Phillips	N	Weddig	Y
Dennis	Y	Linkhart	E	Reeves	Y	Wham	Y
Dyer	Y	Martinez	E	Rupert	N	Mr. President	Y
Epps	N	Matsunaka	N	Sullivant	Y

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