Untitled

This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

113th Legislative Day Wednesday, April 29, 1998

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

Order

Prayer By the chaplain, Rabbi Stanley M. Wagner.

Roll Call Present--Total, 31.

Absent/Excused--Dennis, Perlmutter, Rupert, Wham--Total, 4.

Present later--Dennis, Perlmutter, Rupert, Wham.

Quorum The President announced a quorum present.

Reading of On motion of Senator Chlouber, reading of the Journal of April 28th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly enrolled: SB 98-23, 52, 85.

Services

Correctly revised: HB 98-1001, 1003, 1030, 1068, 1088, 1092, 1106, 1160, 1173, 1217, 1227, 1246, 1266, 1318, 1333, 1408, 1409.

To the governor for signature on Tuesday, April 28, 1998, at 11:20 a.m.:

SB 98-13, 14, 54, 111.

SIGNING OF BILLS

The President has signed: SB 98-13, 14, 54, 111.

SIGNING OF RESOLUTIONS

The President has signed: SJR 98-14, 18, 22.

MESSAGE FROM THE GOVERNOR

Appoint- A letter of designation and appointment from Governor Romer was read and assigned to

ments Committee as follows:

April 17, 1998

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

WATER QUALITY CONTROL COMMISSION

for terms expiring February 15, 2001:

Julie A. Vlier of Littleton, Colorado, reappointed;

Dr. Thomas I. Steinberg of Vail, Colorado, reappointed;

Chris J. Wiant of Aurora, Colorado, appointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 4/21/98

P. Dicks, Assistant Secretary

Committee on Agriculture, Natural Resources and Energy

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 98-1266 by Rep. Taylor; Senator Coffman--Personal Income Tax Modifications

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

YES 34

NO 1

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
N

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

Co-sponsors added: Arnold, Bishop, Blickensderfer, Chlouber, Congrove, Dennis, Lamborn, Mutzebaugh, Powers.

HB 98-1409 by Rep. S. Johnson; Senator Dennis--Wildlife Mgmt Public Education

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

YES 28

NO 7

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
N
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
N
Lacy
Y
Powers
N
Weddig
Y

Chlouber
Y
Lamborn
N
Reeves
N
Wells
Y

Coffman
N
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

Co-sponsor added: Chlouber

HB 98-1227 by Rep. Schauer; Sen. Blickensderfer--Alternative Educational Programs

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

HB 98-1227 A majority of all members elected to the Senate having voted in the affirmative, the bill

(Cont.) was declared PASSED.

Co-sponsors added: Arnold, Lamborn.

HB 98-1030 by Rep. Agler; Senator Schroeder--FCC Licenses Property Tax

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

YES 33

NO 2

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
N
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
N

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

HB 98-1173 by Rep. Tool; Senator Rizzuto--Motor Vehicle Title Fees

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

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

HB 98-1408 by Rep. Entz; Senator Ament--Agricultural Production Substances

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

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

HB 98-1088 by Rep. Kaufman; Senator Mutzebaugh--Procedural Criminal Laws

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

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

HB 98-1088 Co-sponsor added: Arnold

(Cont.)

HB 98-1318 by Rep. Grampsas; Senator Lacy--Fund For UCHSC Move To Fitzsimons

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

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

Co-sponsors added: Bishop, Hernandez, Hopper, Martinez, Wham.

HB 98-1003 by Rep. Schauer; Senator Mutzebaugh--Remove State Only SIP Provisions

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

YES 28

NO 7

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
N
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
N
Thiebaut
N

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
N
Wells
Y

Coffman
Y
Linkhart
N
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
N
Rupert
N
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

Co-sponsors added: Congrove, Hopper, Lamborn, Tebedo.

HB 98-1333 by Rep. May; Senator Mutzebaugh--Administration Of Fuel Tax

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

YES 34

NO 1

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
N
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

Co-sponsor added: Congrove

HB 98-1217 by Rep. T. Willliams; Sen. Hopper--Pharmacy Regulation

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

YES 31

NO 4

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
N

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
N
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
N
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

HB 98-1217 A majority of all members elected to the Senate having voted in the affirmative, the bill

(Cont.) was declared PASSED.

HB 98-1106 by Rep. Tucker; Senator Mutzebaugh--Revision Of Air Control Regulations

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

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

Co-sponsors added: Congrove, Perlmutter, Weddig.

HB 98-1092 by Rep. Kreutz; Senator Coffman--Self Sufficiency & Employment Pilot

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

YES 33

NO 2

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
N

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
N
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

HB 98-1068 by Rep. Anderson; Senator Ament--Public Safety Communications System

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

YES 34

NO 1

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

Co-sponsors added: Arnold, Bishop, Dennis, Hopper, Schroeder, Tebedo, Wham.

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

Laid over until Thursday, April 30, retaining its place on the calendar.

HB 98-1160 by Rep. Adkins; Senator Wham--Substantive Changes To Criminal Laws

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

Third Reading Amendment No. 1, by Senator Wells

HB 98-1160

(Cont.)

Amend revised bill, page 25, line 7, strike "MAY" and substitute "SHALL IMPOSE INTERMEDIATE SANCTIONS AS PROVIDED IN PARAGRAPH (f) OF THIS SUBSECTION (9) OR".

Page 26, line 8, before "ORDER", insert "IMPOSE INTERMEDIATE SANCTIONS AS PROVIDED IN PARAGRAPH (f) OF THIS SUBSECTION (9) OR".

Page 28, line 19, strike A36 and 37" and substitute A37 and 38";

line 25, strike A36 and 37" and substitute A37 and 38".

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 32

NO 3

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
N

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
Y
Rupert
N
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

HB 98-1246 by Rep. Romero; Senator Rizzuto--Elim State Supplier Database Cash Fund

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

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

__________________________

On motion of Senator Wells, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SB 98-200 was made Special Orders at 9:45 a.m.

__________________________

Committee The hour of 9:45 a.m. having arrived, Senator Lamborn moved that the Senate resolve of

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

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

SPECIAL ORDERS--SECOND READING OF BILL--9:45 A.M.

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

SB 98-200 by Sen. Schroeder; Rep. Grampsas--Luxury Limousines

Ordered engrossed 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 Lamborn, 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:

SB 98-200, declared passed on Second Reading.

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

of the for consideration of General Orders and Senator Lamborn was called to the Chair to act

Whole as Chairman.

GENERAL ORDERS--SECOND READING OF BILLS

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

_______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, SB 98-198 was advanced on the General Orders calendar.

_______________________________

SB 98-198 by Sen. Powers; Rep. Epps--Recycling Programs

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 27, page 990.)

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

Senator Wells moved that the Committee of the Whole rise, report progress and beg leave to sit again. A majority of those elected to the Senate having voted in the affirmative, the motion was adopted.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Lamborn, 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:

SB 98-198 as amended, declared passed on Second Reading.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of SJR 98-19.

______________________________

CONSIDERATION OF RESOLUTION

SJR 98-19 by Sen. Norton; Rep. Owen--Greeley Independence Day Stampede

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

YES 35

NO 0

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

SJR 98-19 Co-sponsors added: Alexander, Ament, Arnold, Bishop, Blickensderfer, Chlouber,

(Cont.) Coffman, Congrove, Dennis, Feeley, Hernandez, Hopper, Johnson, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Mutzebaugh, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder, Tanner, Tebedo, Thiebaut, Wattenberg, Weddig, Wells, Wham.

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

of the for consideration of General Orders and Senator Lamborn was called to the Chair to act

Whole as Chairman.

GENERAL ORDERS--SECOND READING OF BILLS

HB 98-1307 by Rep. Keller; Senator Hopper--Adoption And Safe Families

(Amended in Special Orders as printed in Senate Journal, April 27, page 987.)

Amendment No. 1, by Senator Wells

Amend reengrossed bill, page 8, strike lines 17 and 18 and substitute the following:

"amended to read:".

Page 9, strike line 26.

Page 10, strike lines 1 through 11;

line 14, strike "A";

line 15, strike "NEW PARAGRAPH," and substitute "THE FOLLOWING NEW PARAGRAPHS,".

Page 11, line 9, strike "PARENT." and substitute "PARENT;";

after line 9, insert the following:

"(k) THAT THE CHILD HAS BEEN IN FOSTER CARE UNDER THE RESPONSIBILITY OF THE COUNTY DEPARTMENT FOR FIFTEEN OF THE MOST RECENT TWENTYTWO MONTHS, UNLESS:

(I) THE CHILD IS PLACED WITH A RELATIVE OF THE CHILD;

(II) THE COUNTY DEPARTMENT OR A STATE AGENCY HAS DOCUMENTED IN THE CASE PLAN, WHICH SHALL BE AVAILABLE FOR COURT REVIEW, THAT FILING SUCH A MOTION WOULD NOT BE IN THE BEST INTERESTS OF THE CHILD;

(III) WHERE REQUIRED TO MAKE REASONABLE EFFORTS, SERVICES IDENTIFIED AS NECESSARY FOR THE SAFE RETURN OF THE CHILD TO THE CHILD'S HOME HAVE NOT BEEN PROVIDED TO THE FAMILY CONSISTENT WITH THE TIME PERIOD IN THE CASE PLAN; OR

(IV) THE CHILD HAS BEEN IN FOSTER CARE UNDER THE RESPONSIBILITY OF THE COUNTY DEPARTMENT FOR SUCH PERIOD OF TIME DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE PARENT SUCH AS INCARCERATION OF THE PARENT FOR A REASONABLE PERIOD OF TIME, COURT DELAYS OR CONTINUANCES THAT ARE NOT ATTRIBUTABLE TO THE PARENT, OR SUCH OTHER REASONABLE CIRCUMSTANCES THAT THE COURT FINDS ARE BEYOND THE CONTROL OF THE PARENT.".

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

HB 98-1267 by Rep. Allen; Senator B. Alexander--Educational Reforms

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, April 20, page 881.)

Amendment No. 2, by Senator Alexander

Amend the Education committee amendment, as printed in the Senate Journal, April 20, page 881, strike lines 36 through 43;

strike lines 62 through 68.

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

HB 98-1213 by Rep. Swenson; Sen. Arnold--Proof Of Insurance Vehicle Registration

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, April 16, pages 849-850.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 23, page 942.)

Amendment No. 3, by Senator Arnold

Amend the Transportation committee amendment, as printed in Senate Journal, April 16, page 850, after line 14, insert the following:

"line 20 of the reengrossed bill, strike "AFFIX" and substitute "ENCLOSE";";

strike lines 19 and 20 of the committee amendment, and substitute the following:

"line 22 of the reengrossed bill, strike "TO THE RENEWAL CARD" and substitute "WITH THE RENEWAL CARD OR PROVIDE PROOF OF INSURANCE IN SUCH OTHER MEDIA AS IS AUTHORIZED BY THE DEPARTMENT";";

strike lines 49 and 50 of the committee amendment, and substitute the following:

"strike line 15 of the reengrossed bill, and substitute the following:

"ACCOMPANY THE INSURED'S REGISTRATION APPLICATION OR RENEWAL CARD OR PROVIDE PROOF OF INSURANCE IN SUCH OTHER MEDIA AS IS AUTHORIZED BY THE DEPARTMENT";".

Amendment No. 4, by Senator Tebedo

Amend the Transportation Committee amendment, as printed in Senate Journal, April 16, page 850, strike line 10, and substitute the following:

"REQUIREMENTS.";

after line 17 of the reengrossed bill, insert the following:

"(III) THIS PARAGRAPH (c) IS REPEALED, EFFECTIVE JULY 1, 2001.".";

after line 26 of the committee amendment, insert the following:

"Page 4 of the reengrossed bill, after line 2, insert the following:

"(III) THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2001.";";

line 28 of the committee amendment, strike "Page 4,";

line 43 of the committee amendment, strike ""certificate. (1)"" and substitute ""certificate."";

HB 98-1213

(Cont.)

strike line 56 of the committee amendment, and substitute the following:

"strike lines 21 through 26 of the reengrossed bill, and substitute the following:

"(2) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2001.".".

Amendment No. 5, by Senator Tebedo

Amend the Transportation committee amendment, as printed in the Senate Journal, April 16, page 850, line 58, strike "18, and substitute the following:" and substitute "18.";

strike lines 59 through 63.

Amend reengrossed bill, page 6, strike line 25.

Strike page 7 and substitute the following:

"SECTION 8. Effective date applicability. (1) Sections 1, 2, 3, 4, and 6 of this act shall take effect July 1, 1999, and the remainder of this act shall take effect January 1, 1999 unless a referendum petition is filed during the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, shall take effect on the specified date only if approved by the people.

(2) The provisions of this act shall apply to offense committed on or after the applicable effective date of this act."..

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

HB 98-1380 by Rep. Grampsas; Senator Rizzuto--Volunteer Firefighter Pension Benefits

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

(Printed in Senate Journal, April 23, page 939.)

Amendment No. 2, by Senator Rizzuto

Amend reengrossed bill, page 5, after line 7, insert the following:

"SECTION 6. 31301126, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

31301126. Survivor benefit. (4) THE BENEFITS UNDER THIS SECTION MAY BE INCREASED IN THE SAME MANNER AS POSTRETIREMENT BENEFIT INCREASES AS PROVIDED IN SECTION 31301122 (3), SUBJECT TO THE STATE CONTRIBUTION LIMIT SET FORTH IN SECTION 31301112 (2) (c.5).".

Renumber succeeding sections accordingly.

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

HB 98-1183 by Rep. Gordon; Sen. Mutzebaugh--Child Custody

(Amended in General Orders as printed in Senate Journal, March 16, pages 477-479.)

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, April 15, page 830.)

Amendment No. 2, by Senator Mutzebaugh

Amend reengrossed bill, page 22, strike lines 23 and 24 and substitute the following:

HB 98-1183

(Cont.)

"(1.5) IF A MOTION FOR A SUBSTANTIAL MODIFICATION OF PARENTING TIME WHICH ALSO CHANGES THE PARTY WITH WHOM THE CHILD RESIDES A MAJORITY OF THE TIME HAS BEEN FILED, WHETHER OR NOT IT HAS BEEN".

Page 23, strike lines 4 and 5;

line 6 strike "ORDER UNLESS IT FINDS," and substitute the following:

"(2) THE COURT SHALL NOT MODIFY A PRIOR ORDER CONCERNING PARENTING TIME THAT SUBSTANTIALLY CHANGES THE PARENTING TIME AS WELL AS CHANGES THE PARTY WITH WHOM THE CHILD RESIDES A MAJORITY OF THE TIME UNLESS IT FINDS,".

Amendment No. 3, by Senator Mutzebaugh

Amend the reengrossed bill, page 42, after line 17, insert the following:

"SECTION 41. 1410114 (2) (a), Colorado Revised Statutes, is amended to read:

1410114. Maintenance. (2) The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors including:

(a) The financial resources of the party seeking maintenance, including marital property apportioned to ~~him~~ SUCH PARTY, and ~~his~~ THE PARTY'S ability to meet his OR HER needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party; ~~as custodian;~~".

Renumber succeeding sections accordingly.

As amended, laid over until the General Orders calendar for Wednesday, April 29.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Lamborn, the Report of the Committee of the Whole was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:

HB 98-1307 as amended, 98-1267 as amended, 98-1213 as amended, 98-1380 as amended, declared passed on Second Reading.

HB 98-1183 as amended, laid over until the next General Orders calendar of Wednesday, April 29.

CONFERENCE COMMITTEE GRANTED FURTHER POWERS

HB 98-1335 by Rep. Grampsas; Sen. Hopper--Fixed Guideway Authority

Senator Hopper moved that the Senate Conferees on the First Conference Committee on HB 98-1335 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.

APPOINTMENTS TO CONFERENCE COMMITTEE

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

The President pro tem appointed Senators Wells, Chairman, Alexander and Rizzuto as Senate Conferees on the First Conference Committee on HB 98-1234.

CONFERENCE COMMITTEE GRANTED FURTHER POWERS

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

Senator Wells moved that the Senate Conferees on the First Conference Committee on HB 98-1234 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.

COMMITTEE OF REFERENCE REPORTS

Local After consideration on the merits, the committee recommends that SB 98-199 be

Government amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, strike lines 23 through 26.

Page 3, strike lines 1 and 2.

Judiciary The Committee on Judiciary has had under consideration and has had a hearing on the following appointment and recommends that the appointment be confirmed:

YOUTH CRIME PREVENTION

AND INTERVENTION PROGRAM BOARD

for a term expiring June 15, 2000:

Leslie S. Franklin of Denver, Colorado, to serve as a Republican.

Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: HB 98-1407

MESSAGE FROM THE HOUSE

April 29, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes SB98-004, amended as printed in House Journal, April 28, page 1554;

SB98-020, amended as printed in House Journal, April 28, page 1544;

SB98-021, amended as printed in House Journal, April 28, pages 1545-1546;

SB98-139, amended as printed in House Journal, April 28, pages 1546-1548;

SB98-152, amended as printed in House Journal, April 28, pages 1548-1552 and amended on Third Reading as printed in House Journal April 29 ;

SB98-154, amended as printed in House Journal, April 28, pages 1544-1545;

SB98-158, amended as printed in House Journal, April 28, page 1552;

SB98-167, amended as printed in House Journal, April 28, pages 1552-1553;

SB98-177, amended as printed in House Journal, April 28, page 1553 and amended on Third Reading as printed in House Journal, April 29;

SB98-180, amended as printed in House Journal, April 28, page 1553.

The House has passed on Third Reading and returns herewith SB98-010 and 079.

The House has adopted the First Report of the First Conference Committee on SB98-049, as printed in House Journal, April 28, pages 1538-1539, 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 SB98-133, as printed in House Journal, April 28, page 1540, and has repassed the bill as so amended. The bill is returned herewith.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 981012

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

THIS REPORT AMENDS THE

REREVISED BILL

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

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB 981012, concerning continuation of the regulation of electricians by the state electrical board, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 1, line 5, strike "2003." and substitute "2001.".

Page 2, strike lines 4 through 10, and substitute the following:

"SECTION 3. 2434104 (30) (b), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

2434104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (30) (b) The following boards in the division of registrations shall terminate July 1, 2001:

(III) THE STATE ELECTRICAL BOARD, CREATED BY ARTICLE 23 OF TITLE 12, C.R.S.".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. William G. Kaufman, Chair Sen. Ken Chlouber, Chair

Rep. Jeannie G. Reeser Sen. Dave Wattenberg

Sen. Joan M. Johnson

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB 9849

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

THIS REPORT AMENDS THE

2nd REREVISED BILL

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

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB 9849, concerning a prohibition on the imposition by governmental entities of charges upon access to the internet, has met and reports that it has agreed upon the following:

That the Senate accede to the House amendments made to the bill, as said amendments appear in the 2nd rerevised bill, with the following changes:

SB 98-49

(Cont.)

Amend 2nd rerevised bill, page 2, line 20, strike "the issue of" and substitute "issues involving electronic commerce, including".

Page 3, strike lines 1 through 9, and substitute the following:

"2479102. Limitation on sources of revenue. (1) FROM MAY 1, 1998, TO AND INCLUDING APRIL 30, 2001, THERE SHALL BE A TEMPORARY MORATORIUM DURING WHICH THE STATE SHALL NOT IMPOSE, ASSESS, OR COLLECT ANY TAX, REGULATION, FEE, OR CHARGE UPON:

(a) THE DIRECT CHARGES FOR PROVISION OF INTERNET ACCESS SERVICES; OR

(b) ANY PROVIDER OF INTERNET ACCESS SERVICES AS A MEANS OF COLLECTING SALES OR USE TAXES FROM PERSONS WHO PURCHASE TAXABLE PROPERTY OR SERVICES THROUGH USE OF THE INTERNET UNLESS SUCH PROVIDER ACTS AS A VENDOR OF TAXABLE PROPERTY OR SERVICES.";

line 10, strike "(3)" and substitute "(2)";

strike line 16;

line 21, strike "Exemption from" and substitute "Moratorium on";

strike line 22 and substitute the following:

"and online services. (1) (a) FROM MAY 1, 1998, TO AND INCLUDING APRIL 30, 2001, THERE SHALL BE A TEMPORARY MORATORIUM DURING WHICH NO STATUTORY OR HOME RULE CITY";

line 25, strike "IMPOSE" and substitute "IMPOSE, ASSESS, OR COLLECT".

Page 4, after line 1, insert the following:

"(b) PARAGRAPH (a) OF THIS SUBSECTION (1) SHALL NOT APPLY TO TAXES ON INTERNET ACCESS SERVICES ACTUALLY COLLECTED AND ENFORCED BY A HOME RULE CITY ON OR BEFORE APRIL 15, 1998.".

Reletter succeeding paragraph accordingly.

Page 4, line 8, strike "NO" and substitute "FROM MAY 1, 1998, TO AND INCLUDING APRIL 30, 2001, THERE SHALL BE A TEMPORARY MORATORIUM DURING WHICH NO";

strike line 19;

line 22, strike "refunds repeal." and substitute "refunds.";

line 25, strike "(A) INTERNET" and substitute "FROM MAY 1, 1998, TO AND INCLUDING APRIL 30, 2001, INTERNET";

strike line 26 and substitute "2479102 (2), C.R.S.".

Page 5, strike lines 1 and 2;

line 5, strike "Exemptions repeal." and substitute "Exemptions.";

line 8, strike "(I) TO" and substitute "FROM MAY 1, 1998, TO AND INCLUDING APRIL 30, 2001, TO";

line 9, strike "2479101 (3)," and substitute "2479102 (2),";

strike line 10.

Respectfully submitted,

Senate Committee: House Committee:

(Signed) (Signed)

Sen. William R. Schroeder, Chair Rep. Ronny J. May, Chair

Sen. Ben Alexander Rep. Brad Young

Sen. Rob Hernandez Rep. Bob Hagedorn

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB 98133

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

THIS REPORT AMENDS THE

REREVISED BILL

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

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB 98133, concerning contributions to candidate committees, and, in connection therewith, specifying that a candidate committee may accept contributions prior to the filing of a candidate affidavit and authorizing certain additional uses of unexpended campaign contributions, has met and reports that it has agreed upon the following:

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 4, after line 4, insert the following:

"(II) POLITICAL ISSUE EDUCATION, WHICH INCLUDES OBTAINING INFORMATION FROM OR PROVIDING INFORMATION TO THE ELECTORATE;".

Renumber succeeding subparagraphs accordingly.

Respectfully submitted,

Senate Committee: House Committee:

(Signed) (Signed)

Sen. Dottie Wham, Chair Rep. Jeanne Faatz, Chair

Sen. Ray Powers Rep. William G. Kaufman

Sen. Frank Weddig Rep. Carol A. Snyder

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

______________________________

On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of House Amendments to Senate Bills.

______________________________

CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS

SB 98-74 by Sen. Weddig; Rep. Hagedorn--Sales & Use Tax Exemption Coins

Senator Weddig moved that the Senate concur in House amendments to SB 98-74, as printed in House Journal, April 21, page 1408. The motion was adopted by the following roll call vote:

YES 34

NO 0

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
E

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

SB 98-74 The question being "Shall the bill, as amended, pass?" the roll was called with the (Cont.) following result:

YES 28

NO 6

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
N
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
N

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
N
Wells
E

Coffman
Y
Linkhart
N
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
N
Rupert
N
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

Co-sponsors added: Arnold, Lamborn.

SB 98-107 by Sen. Matsunaka; Rep. Entz--Expeditious Access To Medical Treatment

Senator Matsunaka moved that the Senate not concur in House amendments to SB 98-107, as printed in House Journal, April 23, page 1448, 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 pro tem appointed Senators Wattenberg, Chairman, Dennis and Matsunaka as Senate Conferees on the First Conference Committee on SB 98-107.

SB 98-148 by Sen. Powers; Rep. Entz--Dept Of Transportation Public Projects

Senator Powers moved that the Senate concur in House amendments to SB 98-148, as printed in House Journal, April 23, page 1448. The motion was adopted by the following roll call vote:

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

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

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

Laid over until Thursday, April 30, retaining its place on the calendar.

SB 98-165 by Sen. Reeves; Rep. Adkins--Child Welfare

Senator Reeves moved that the Senate concur in House amendments to SB 98-165, as printed in House Journal, April 27, pages 1519-1520. The motion was adopted by the following roll call vote:

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

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

______________________________

On motion of Senator Schroeder, and with a majority of those elected to the Senate having voted in the affirmative, SB 98-25 and 98-109, were laid over until later in the day, Wednesday, April 29.

______________________________

On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Conference Committee Reports.

______________________________

CONSIDERATION OF CONFERENCE COMMITTEE REPORTS

HB 98-1062 by Rep. Paschall; Senator Arnold--Select Independnt Work Comp Med Examiner

Senator Arnold moved for the adoption of the First Report of the First Conference Committee on HB 98-1062, as printed in Senate Journal, April 22, pages 928-929. The motion was adopted by the following roll call vote:

YES 33

NO 1

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
N

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
E

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

Call of Call of Senate.

Senate

Call Raised.

HB 98-1062 The question being "Shall the bill, as amended, pass?" the roll was called with the

(Cont.) following result:

YES 19

NO 14

EXCUSED 2

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
NEN
Tanner
N

Ament
Y
Hernandez
N
Pascoe
N
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
N
Thiebaut
N

Bishop
YY
Johnson
N
Phillips
N
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
N

Chlouber
Y
Lamborn
Y
Reeves
N
Wells
*

Coffman
Y
Linkhart
N
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
N
Rupert
N
Mr. President
Y

Dennis
N
Matsunaka
*
Schroeder
Y

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

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

IMMEDIATE RECONSIDERATION OF THE READOPTION OF HB 98-1062

HB 98-1062 by Rep. Paschall; Senator Arnold--Select Independnt Work Comp Med Examiner

Having voted on the prevailing side, Senator Arnold moved for immediate reconsideration of the readoption of HB 98-1062.

Call of Call of Senate.

Senate

Call Raised.

The motion was adopted by the following roll call vote:

YES 20

NO 15

EXCUSED 0

ABSENT 0

Alexander
N
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
N
Hernandez
Y
Pascoe
Y
Tebedo
N

Arnold
N
Hopper
N
Perlmutter
Y
Thiebaut
Y

Bishop
NY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
N
Lacy
Y
Powers
N
Weddig
Y

Chlouber
N
Lamborn
N
Reeves
Y
Wells
N

Coffman
N
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
N

Dennis
Y
Matsunaka
Y
Schroeder
N

RECONSIDERATION OF THE ADOPTION OF THE FIRST REPORT OF THE FIRST CONFERENCE COMMITTEE ON HB 98-1062

HB 98-1062 by Rep. Paschall; Senator Arnold--Select Independnt Work Comp Med Examiner

Having voted on the prevailing side, Senator Arnold moved for the reconsideration of the First Report of the First Conference Committee on HB 98-1062.

The motion was adopted by the following roll call vote:

CONSIDERATION OF CONFERENCE COMMITTEE REPORTS (CONT.)

HB 98-1062 by Rep. Paschall; Senator Arnold--Select Independnt Work Comp Med Examiner

Senator Arnold moved that the Senate reject the First Report of the First Conference Committee on HB 98-1062, the Senate Conferees be discharged and that a new Conference Committee be appointed.

The motion was adopted by the following roll call vote:

YES 33

NO 0

EXCUSED 2

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
*

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
*
Schroeder
Y

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

The President pro tem appointed Senators Arnold, Chairman, Congrove and Rizzuto as Senate Conferees on the Second Conference Committee on HB 98-1062.

Senator Arnold moved that the Senate Conferees on the Second Conference Committee on HB 98-1062 be given the powers to go beyond the scope of the differences between the two Houses.

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

HB 98-1402 by Rep. Grampsas; Senator Lacy--Capital Construction Fund Transfers

Senator Lacy moved for the adoption of the First Report of the First Conference Committee on HB 98-1402, printed in Senate Journal, April 24, page 972. The motion was adopted by the following roll call vote:

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

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

Co-sponsor added: Schroeder

HB 98-1188 by Rep. Snyder; Sen. Wham--Fair Campaign Practices Act

Senator Wham moved for the adoption of the First Report of the First Conference Committee on HB 98-1188, printed in Senate Journal, April 27, pages 992-993. The motion was adopted by the following roll call vote:

YES 25

NO 10

EXCUSED 0

ABSENT 0

Alexander
N
Feeley
Y
Mutzebaugh
NE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
N

Bishop
YY
Johnson
Y
Phillips
N
Wattenberg
Y

Blickensderfer
N
Lacy
Y
Powers
N
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
N
Linkhart
N
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
N
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
N

HB 98-1188 The question being "Shall the bill, as amended, pass?" the roll was called with the

(Cont.) following result:

YES 26

NO 9

EXCUSED 0

ABSENT 0

Alexander
N
Feeley
N
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
N

Bishop
YY
Johnson
Y
Phillips
N
Wattenberg
Y

Blickensderfer
N
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
N
Linkhart
N
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
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: Weddig

SB 98-72 by Sen. Coffman; Rep. May--Uniform Anatomical Gift Requirements

Senator Coffman moved for the adoption of the First Report of the First Conference Committee on SB 98-72, printed in Senate Journal, April 27, pages 993-994. The motion was adopted by the following roll call vote:

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

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

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

HB 98-1207 by Rep. Lawrence; Senator Mutzebaugh--Transportation Of Prisoners

Senator Mutzebaugh moved for the adoption of the First Report of the First Conference Committee on HB 98-1207, printed in Senate Journal, April 28, pages 1008-1009. The motion was adopted by the following roll call vote:

HB 98-1207 The question being "Shall the bill, as amended, pass?" the roll was called with the

(Cont.) following result:

YES 33

NO 2

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
N

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
N
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

HB 98-1224 by Rep. Lawrence; Senator Arnold--Bail Recovery

Senator Arnold moved that the Senate reject the First Report of the First Conference Committee on HB 98-1224, the Senate Conferees be discharged 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 pro tem appointed Senators Arnold, Chairman, Ament and Perlmutter as Senate Conferees on the Second Conference Committee on HB 98-1224.

Senator Arnold moved that the Senate Conferees on the Second Conference Committee on HB 98-1224 be given the powers to go beyond the scope of the differences between the two Houses.

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

SB 98-36 by Sen. Wham; Rep. Epps--Telemedicine Require Colo License

Senator Wham moved for the adoption of the First Report of the First Conference Committee on SB 98-36, printed in Senate Journal, April 28, page 1019. The motion was adopted by the following roll call vote:

YES 32

NO 3

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
N
Reeves
Y
Wells
Y

Coffman
N
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

YES 31

NO 4

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
NE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
N
Reeves
Y
Wells
Y

Coffman
N
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

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

COMMITTEE OF REFERENCE REPORTS

Trans- The Committee on Transportation has had under consideration and has had a hearing on portation the following appointment and recommends that the appointment be confirmed:

TRANSPORTATION COMMISSION

for a term expiring July 1, 2001:

Robert E. Botts, Jr., of Denver, Colorado, to serve as a member from Transportation District One, appointed;

Trans- The Committee on Transportation has had under consideration and has had a hearing on

portation the following appointments and recommends that the appointments be confirmed:

TRANSPORTATION COMMISSION

for terms expiring July 1, 2001:

Joseph A. Fortino of Pueblo, Colorado, to serve as a member from

Transportation District Ten, reappointed;

Castelar M. Garcia of Manassa, Colorado, to serve as a member from Transportation District Eight, reappointed.

Trans- After consideration on the merits, the committee recommends that HB 98-1070 be

portation amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 5, line 2, after the period, insert "TWENTYNINE DOLLARS OF SUCH FEE SHALL BE DISTRIBUTED IN THE SAME MANNER AS SPECIFIC OWNERSHIP TAX.".

Page 6, after line 11, insert the following:

"(9) THIS SECTION IS REPEALED EFFECTIVE JULY 1, 2001.";

after line 22, insert the following:

"(2) THIS SECTION IS REPEALED EFFECTIVE JULY 1, 2001.".

Page 8, line 19, after the period, insert "THIS PARAGRAPH (c) IS REPEALED EFFECTIVE JULY 1, 2001.".

Finance After consideration on the merits, the committee recommends that the following be postponed indefinitely: SCR 98-12

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

Affairs hearing on the following appointments and recommends that the appointments be

and Labor confirmed:

BOARD OF DIRECTORS OF THE

COLORADO COMPENSATION

INSURANCE AUTHORITY

for a term expiring January 1, 2002:

Roberto E. Zendejas of Colorado Springs, Colorado, to serve as a representative of employers insured by the state compensation insurance authority and to fill a vacancy occasioned by the resignation of Bruce A. Bullock, appointed;

for terms expiring January 1, 2003:

Ellen J. Golombek of Denver, Colorado, to serve as a representative of employees of an employer insured by the state compensation insurance authority and to fill a vacancy occasioned by the resignation of Ernest L. Duran, appointed.

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: SCR 98-9

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

Natural referred favorably to the Committee on Appropriations: HB 98-1151

Resources

and Energy

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

Natural referred favorably to the Committee of the Whole: SB 98-201

Resources

and Energy

MESSAGES FROM THE HOUSE

April 29, 1998

Mr. President:

The House has adopted and transmits herewith HJR98-1029, as printed in House Journal, April 3, pages 1200-1201.

The House has adopted and transmits herewith HJR98-1039, as printed in House Journal, April 16, pages 1356-1357, and amended as printed in House Journal, April 29, 1998.

The House has adopted and transmits herewith HJR98-1043, as printed in House Journal, April 16, pages 1365-1366.

The House has failed to pass SJM98-2, the memorial is returned herewith.

April 29, 1998

Mr. President:

The House has voted to concur in the Senate amendments to HB98-1037, 1058, 1072, 1203, 1228, 1242, 1321, and 1369 and has repassed the bills as so amended.

The House has voted not to concur in the Senate amendments to HB98-1256 and requests that a conference committee be appointed. The Speaker has appointed Representatives Anderson, chairman, Tool, and Saliman as House conferees on the First Conference Committee on HB98-1256. The bill is transmitted herewith.

MESSAGE FROM THE REVISOR

April 29, 1998

We herewith transmit:

without comment, as amended, SB98-004, 020, 021, 139, 152, 154, 158, 167, 177, and 180.

APPOINTMENTS TO CONFERENCE COMMITTEE

HB 98-1256 by Rep. Anderson; Senator Wham--Retain Excess Revs For Gov Needs

The President pro tem appointed Senators Wham, Chairman, Ament and Phillips as Senate Conferees on the First Conference Committee on HB 98-1256.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

RECALL OF HB 98-1068

HB 98-1068 by Rep. Anderson; Senator Ament--Public Safety Communications System

Having voted on the prevailing side, Senator Ament moved for the recall of HB 98-1068 from the House.

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

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

EXAMINING BOARD OF PLUMBERS

for terms expiring July 1, 2001:

John W. Hahn of Fort Collins, Colorado, to serve as a master plumber and as Republican, appointed;

Mark A. Beazley of Golden, Colorado, to serve as an employee of a local government agency conducting plumbing inspections and as a Democrat, reappointed;

Stephen C. Pierce of Denver, Colorado, to serve as a journeyman plumber and as a Democrat, reappointed;

Timothy D. Ryan of Loma, Colorado, to serve as a public at large member and as a Republican, appointed.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

STATE BOARD OF THE

GREAT OUTDOORS COLORADO

TRUST FUND

for terms expiring April 15, 2001:

James P. Kelley of Denver, Colorado, to serve as a member from the First Congressional District and as a Democrat, appointed;

Raymond D. Printz, Arvada, Colorado, to serve as a member from the Second Congressional District and as an Unaffiliated, appointed;

David D. Sanchez of Greeley, Colorado, to serve as a member from the Fourth Congressional District and as a Democrat, appointed.

YES 33

NO 2

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
NE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
N
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

COLORADO CHILDREN'S

TRUST FUND BOARD

for a term expiring November 7, 2000:

David S. Herr of Grand Junction, Colorado, to serve as a representative of medicine, appointed;

Gerald G. Rivera of Alamosa, Colorado, to serve as a representative knowledgeable in the field of mental health, appointed.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

COLORADO

RACING COMMISSION

for a term expiring July 1, 2000:

Dan Prinster of Grand Junction, to serve as a Democrat from the Third Congressional District and a registered elector of the state;

for a term expiring July 1, 2001:

Michael B. Johnson of Littleton, Colorado, to serve as a Democrat from the Fifth Congressional District and as a member engaged in business in a managementlevel capacity, reappointed.

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

WORKERS' COMPENSATION COST

CONTAINMENT BOARD

for a term expiring December 13, 1999:

Diane M. Miller of Fountain, Colorado, to serve as an executive with risk management experience and to fill a vacancy occasioned by the resignation of Charlotte A. MacGuffie, appointed;

for terms effective December 13, 1997 and expiring December 13, 2000:

Jerry L. Mosley of Golden, Colorado, to serve as a representative of an employer who has demonstrated good risk management experience with respect to their workers' compensation insurance, reappointed;

Christopher B. Peck of Lakewood, Colorado, to serve as representative of an employer who has demonstrated good risk management experience with respect to their workersÆ compensation insurance, reappointed.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

COLORADO AERONAUTICAL BOARD

for terms expiring December 19, 2000:

George Brewer of Evergreen, Colorado, to serve as a representative of local government from the eastern slope, reappointed;

Dale K. Hall of Greeley, Colorado, to serve as a representative of local government from the eastern slope, appointed;

Douglas L. Lashley of Durango, Colorado, to serve as a representative of local government from the western slope, appointed.

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

STATE GRIEVANCE BOARD

for a term expiring July 1, 1999:

Scott S. Evans of Littleton, Colorado, to serve as a member of the general public and to fill a vacancy occasioned by the resignation of Edward D. Bronfin.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

COLORADO COMMISSION ON

HIGHER EDUCATION

for a term expiring July 1, 1999:

J. Timothy Waters of Longmont, Colorado, to serve as a representative of the Second Congressional District, as a Democrat and to fill a vacancy occasioned by the resignation of Marshall Crawford.

for a term expiring July 1, 2001:

David E. Greenberg of Englewood, Colorado, to serve as a representative of the Sixth Congressional District and as a Democrat, reappointed.

Robert A. Hessler of Sterling, Colorado, to serve as a representative of the Fourth Congressional District and as a Republican, appointed.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENT

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

COAL MINE BOARD OF EXAMINERS

for a term expiring July 1, 2000:

Brad L. Gibbs of Crawford, Colorado, to serve as a coal miner of known experience and practice in underground coal mining and to fill a vacancy occasioned by the resignation of Eugene S. Castilla, appointed.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Governor's Appointments to the Teacher and Special Services Professional Standards Board, Board of Trustees of the Colorado School of Mines, Board of Trustees for the University of Northern Colorado, and the Board of Real Estate Appraisers.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

TEACHER AND SPECIAL SERVICES

PROFESSIONAL STANDARDS BOARD

for a term expiring July 1, 1998:

Nancy M. Sanders of Boulder, Colorado, to serve as a faculty member and to fill a vacancy occasioned by the resignation of Gary Galluzzo.

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

BOARD OF TRUSTEES OF THE

COLORADO SCHOOL OF MINES

for a term effective March 23, 1998, and expiring March 23, 2002:

R. Franklin Erisman of Golden, Colorado, to serve as a graduate of the Colorado school of mines, reappointed.

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

BOARD OF TRUSTEES FOR THE

UNIVERSITY OF NORTHERN COLORADO

for a term expiring June 30, 1999:

Neil O. Westergaard of Denver, Colorado, to fill a vacancy occasioned by the resignation of E. Kenneth Whitney, appointed.

for terms expiring June 30, 2001:

Duane C. Farrington of Greeley, Colorado;

Patricia A. Salazar of Denver, Colorado.

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

BOARD OF REAL ESTATE APPRAISERS

for a term expiring July 1, 2000:

Thomas H. Evans of Colorado City, to serve as a public member, appointed.

William M. James of Denver, Colorado, to serve as a representative of real estate appraisers, appointed;

James A. Holmes of Denver, Colorado, to serve as a public member, appointed.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Governor's Appointments to the Transportation Commission, Ground Water Commission, and Board of Directors of the Colorado Small Employer Health Reinsurance Program .

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

TRANSPORTATION COMMISSION

for a term expiring July 1, 2001:

Douglas E. Aden of Grand Junction, Colorado, to serve as a member from Transportation District Seven, appointed;

Roger Cracraft of Aurora, Colorado, to serve as a member from

Transportation District Three, reappointed.

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

GROUND WATER COMMISSION

for terms expiring May 1, 2002:

Jon B. Brownell of Hooper, Colorado, to serve as a farmer and a representative of Division Three, reappointed;

Anne J. Castle of Golden, Colorado, to serve as a representative of municipal and industrial users, reappointed.

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

BOARD OF DIRECTORS OF THE

COLORADO SMALL EMPLOYER HEALTH

REINSURANCE PROGRAM

for a term expiring January 1, 1999:

Britt Travis of Highlands Ranch, Colorado, reappointed;

for a term expiring January 1, 2000:

Douglas D. Goetz of Littleton, Colorado, to serve as a representative of a reinsuring carrier and to fill a vacancy occasioned by the resignation of Donald B. Fairbanks, appointed.

for terms expiring January 1, 2001:

Kaylene M. Barnes of Colorado Springs, Colorado, reappointed;

Ronald C. Burnside of Colorado Springs, Colorado, to serve as a representative of a reinsuring carrier, appointed;

Leslie G. Musetter of Fort Collins, Colorado, reappointed.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

BOARD OF ASSESSMENT APPEALS

for terms expiring July 1, 1998:

Donald L. Clifton of Littleton, Colorado, to serve as a public employee experienced in property evaluation and taxation, reappointed;

Judy K. Kirkland of Denver, Colorado, to serve as a public employee experienced in property evaluation and taxation, reappointed;

Virginia RemberHelm of Littleton, Colorado, to serve as a public employee experienced in property evaluation and taxation, appointed;

for a term expiring July 1, 2001:

Karl L. Von Burg of Grand Junction , Colorado to serve as a public employee, reappointed;

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

COLORADO BOARD OF

VETERANS AFFAIRS

for a term expiring June 30, 2000:

Rio G. Lucas of Englewood, Colorado, to serve as a veteran, as an Unaffiliated and to fill a vacancy occasioned by the resignation of Connie S. Lintz;

for terms expiring June 30, 2001:

Terrance J. Finnegan of Colorado Springs, Colorado, to serve as a veteran and a an Unaffiliated;

Marvin L. Meyers of Englewood, Colorado, to serve as a veteran and a Democrat.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

COLORADO TOURISM BOARD

for terms expiring May 11, 1999:

Robert L. Knous, Jr. of Breckenridge, Colorado, to serve as a representative of the transportation industry, appointed;

Lisa R. Herzlich of Denver, Colorado, to serve as a representative of the private tourist attraction industry, appointed;

for terms expirng May 11, 2001:

Roderick E. Barker of Durango, Colorado, to serve as a representative of hotel, motel and lodging industry, reappointed;

Willis M. McFarlane of Denver, Colorado, to serve as a representative of food, beverage and restaurant industry, appointed.

On motion of Senator Feeley, consideration of the following Governor's appointment was laid over until Thursday, April 30:

COLORADO TOURISM BOARD

for a term expiring May 11, 1999:

John M. Frew of Denver, Colorado, to serve as a representative of the ski industry, appointed.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

ADVISORY COMMITTEE ON

GOVERNMENTAL ACCOUNTING

for terms expiring May 18, 2001:

Leona K. James of Montrose, Colorado, to serve as a representative of city and town government, appointed;

John D. Musso of Pueblo, Colorado, to serve as a representative of school and junior college districts, reappointed;

Donald D. Warden of Greeley, Colorado, to serve as a representative of county government, reappointed.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Governor's Appointments to the Board of Directors of Denver Metropolitan Major League Stadium District: Baker, Brody and Del Castillo.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

BOARD OF DIRECTORS OF DENVER METROPOLITAN

MAJOR LEAGUE STADIUM DISTRICT

for terms expiring August 1, 2001:

Raymond T. Baker of Lakewood, Colorado, reappointed;

Debra Brody of Denver, Colorado, reappointed;

Adolph Steven W. DelCastillo of Littleton, Colorado, reappointed.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Governor's Appointments to the Board of Directors of Denver Metropolitan Major League Stadium District: Loup, Talarico, and Patton.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

BOARD OF DIRECTORS OF DENVER METROPOLITAN

MAJOR LEAGUE STADIUM DISTRICT

for terms expiring August 1, 2001:

Robert E. Loup of Greenwood Village, Colorado, appointed;

Joseph A. Talarico of Westminster, Colorado, reappointed;

Robert I. Patton of Denver, Colorado, reappointed.

YES 34

NO 1

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
NE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

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

BOARD OF TRUSTEES OF THE

STATE COLLEGES IN COLORADO

for terms expiring July 1, 2001:

Helen C. Atkeson of Denver, Colorado;

Dale M. Mingilton of Aurora, Colorado.

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORT

Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under consideration

Natural and has had a hearing on the following appointments and recommends that the

Resources appointments be confirmed:

and Energy

WILDLIFE COMMISSION

for a term expiring March 1, 1999:

The Honorable Dorothea A. Farris of Carbondale, Colorado, to serve as a County Commissioner from District 1, as a Democrat and to fill a vacancy occasioned by the resignation of John R. Stulp, appointed;

for terms expiring March 1, 2002:

Philip J. James of Fort Collins, Colorado, to serve as a public member from District 3 and as a Republican, appointed;

John W. Singletary of Pueblo, Colorado, to serve as a representative of an agriculture or grower from District 4 and a Democrat, appointed.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of SJR 98-15.

______________________________

CONSIDERATION OF RESOLUTION

SJR 98-15 by Sen. Coffman; Rep. Arrington--Promise Keepers Organization

Senator Coffman moved for the adoption of SJR 98-15.

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

YES 12

NO 21

EXCUSED 2

ABSENT 0

Alexander
N
Feeley
N
Mutzebaugh
YE
Tanner
N

Ament
Y
Hernandez
N
Pascoe
N
Tebedo
Y

Arnold
Y
Hopper
N
Perlmutter
E
Thiebaut
N

Bishop
NY
Johnson
N
Phillips
N
Wattenberg
N

Blickensderfer
Y
Lacy
N
Powers
Y
Weddig
N

Chlouber
Y
Lamborn
Y
Reeves
N
Wells
Y

Coffman
Y
Linkhart
N
Rizzuto
N
Wham
N

Congrove
Y
Martinez
N
Rupert
N
Mr. President
Y

Dennis
N
Matsunaka
N
Schroeder
E

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of SJR 98-10.

______________________________

CONSIDERATION OF RESOLUTION

SJR 98-10 by Sen. Dennis; Rep. Spradley--Colorado Airspace Initative

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

(Printed in Senate Journal, April 23, pages 939-940.)

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

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

YES 33

NO 0

EXCUSED 2

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
E
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
E

Co-sponsors added: Rizzuto, Tebedo, Thiebaut.

NOTICE OF INTENT TO MOVE FOR RECONSIDERATION OF SJR 98-10

SJR 98-10 by Sen. Dennis; Rep. Spradley--Colorado Airspace Initative

Having voted on the prevailing side, Senator Mutzebaugh gave notice of intent to move for reconsideration of SJR 98-10.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Wednesday, April 29, was laid over until Thursday, April 30, retaining its place on the calendar.

______________________________

COMMITTEE OF REFERENCE REPORTS

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

Affairs referred favorably to the Committee on Appropriations: HCR 98-1009

and Labor

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: SCR 98-1

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1238

Judiciary After consideration on the merits, the committee recommends that HB 98-1156 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 10, line 25, strike "(4)" and substitute "(5)".

Page 13, strike lines 10 through 18.

Page 16, line 14, strike "(4)" and substitute "(5)".

Page 20, line 9, strike "1613805" and substitute "1613806".

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Senate for final action: SJR 98-32

Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: SB 98-129

Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: SB 98-156

Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: SB 98-164

MESSAGES FROM THE HOUSE

April 29, 1998

Mr. President:

The House has voted to concur in the Senate amendments to HB98-1272, 1287, 1324 and 1398 and has repassed the bills as so amended.

In response to the request of the Senate, the Speaker has appointed Representatives Entz, chairman, Spradley, and Tate as House conferees on the First Conference Committee on SB98-107.

April 29, 1998

Mr. President:

In response to the request of the Senate for a Second Conference Committee on HB98-1062, the House has disolved the First Conference Committee and the Speaker has appointed Representatives Paschall, chairman, Dean and Dyer as House conferees on the Second Conference Committee on HB98-1062. The House has voted to authorize the House conferees to consider matters not at issue between the two houses.

In response to the request of the Senate for a Second Conference Committee on HB98-1224, the House has dissolved the First Conference Committee and the Speaker has appointed Representatives Lawrence, chairman, Kaufman and Grossman as House conferees on the Second Conference Committee on HB98-1224.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 98-1171

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

THIS REPORT ADOPTS THE

REENGROSSED BILL

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

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB 98-1171, concerning the granting of waivers for charter schools, has met and reports that it has agreed upon the following:

That the Senate recede from its amendments made to the bill and that the reengrossed bill be adopted without change.

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Barry Arrington, Chair Sen. Mike Coffman, Chair

Rep. Doug Dean Sen. Ken Chlouber

Rep. Carl Miller Sen. Stan Matsunaka

SECOND RECONSIDERATION OF SJR 98-21

SJR 98-21 by Sen. Coffman--Eliminate Federal Excise Tax on Gasoline and Fuels

Having voted on the prevailing side, Senator Coffman moved for the second Reconsideration of SJR 98-21.

With the unanimous consent of all members elected to the Senate having voted in the affirmative, the motion was adopted.

CONSIDERATION OF RESOLUTION

SJR 98-21 by Sen. Coffman--Eliminate Federal Excise Tax on Gasoline and Fuels

(Amended as printed in Senate Journal, April 21, page 919)

On motion of Senator Coffman, the Resolution, as amended, was declared LOST by the following roll call vote:

YES 14

NO 21

EXCUSED 1

ABSENT 0

Alexander
N
Feeley
N
Mutzebaugh
YE
Tanner
N

Ament
N
Hernandez
N
Pascoe
N
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
N
Thiebaut
N

Bishop
NY
Johnson
N
Phillips
N
Wattenberg
N

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
N

Chlouber
Y
Lamborn
Y
Reeves
N
Wells
Y

Coffman
Y
Linkhart
N
Rizzuto
N
Wham
N

Congrove
Y
Martinez
N
Rupert
N
Mr. President
E

Dennis
N
Matsunaka
N
Schroeder
Y

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

April 30, 1998.

Approved:

Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate

YES 34		NO 1		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	N
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

YES 28		NO 7		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	N	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	N	Lacy	Y	Powers	N	Weddig	Y
Chlouber	Y	Lamborn	N	Reeves	N	Wells	Y
Coffman	N	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	N	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

YES 35		NO 0		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

YES 33		NO 2		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	N	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	N
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

YES 31		NO 4		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	N
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	N	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	N	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	N	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

YES 32		NO 3		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	YE	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	N
Bishop	YY	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	N	Martinez	Y	Rupert	N	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

YES 34		NO 0		EXCUSED 1		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	YE	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	YY	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	E
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

YES 28		NO 6		EXCUSED 1		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	YE	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	N	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	N
Bishop	YY	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	N	Wells	E
Coffman	Y	Linkhart	N	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	N	Rupert	N	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

YES 19		NO 14		EXCUSED 2		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	NEN	Tanner	N
Ament	Y	Hernandez	N	Pascoe	N	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	N	Thiebaut	N
Bishop	YY	Johnson	N	Phillips	N	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	N
Chlouber	Y	Lamborn	Y	Reeves	N	Wells	*
Coffman	Y	Linkhart	N	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	N	Rupert	N	Mr. President	Y
Dennis	N	Matsunaka	*	Schroeder	Y

YES 20		NO 15		EXCUSED 0		ABSENT 0
Alexander	N	Feeley	Y	Mutzebaugh	YE	Tanner	Y
Ament	N	Hernandez	Y	Pascoe	Y	Tebedo	N
Arnold	N	Hopper	N	Perlmutter	Y	Thiebaut	Y
Bishop	NY	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	N	Lacy	Y	Powers	N	Weddig	Y
Chlouber	N	Lamborn	N	Reeves	Y	Wells	N
Coffman	N	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	N	Martinez	Y	Rupert	Y	Mr. President	N
Dennis	Y	Matsunaka	Y	Schroeder	N

YES 25		NO 10		EXCUSED 0		ABSENT 0
Alexander	N	Feeley	Y	Mutzebaugh	NE	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	N
Bishop	YY	Johnson	Y	Phillips	N	Wattenberg	Y
Blickensderfer	N	Lacy	Y	Powers	N	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	N	Linkhart	N	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	N	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	N

YES 26		NO 9		EXCUSED 0		ABSENT 0
Alexander	N	Feeley	N	Mutzebaugh	YE	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	N
Bishop	YY	Johnson	Y	Phillips	N	Wattenberg	Y
Blickensderfer	N	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	N	Linkhart	N	Rizzuto	Y	Wham	Y
Congrove	N	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	N

YES 12		NO 21		EXCUSED 2		ABSENT 0
Alexander	N	Feeley	N	Mutzebaugh	YE	Tanner	N
Ament	Y	Hernandez	N	Pascoe	N	Tebedo	Y
Arnold	Y	Hopper	N	Perlmutter	E	Thiebaut	N
Bishop	NY	Johnson	N	Phillips	N	Wattenberg	N
Blickensderfer	Y	Lacy	N	Powers	Y	Weddig	N
Chlouber	Y	Lamborn	Y	Reeves	N	Wells	Y
Coffman	Y	Linkhart	N	Rizzuto	N	Wham	N
Congrove	Y	Martinez	N	Rupert	N	Mr. President	Y
Dennis	N	Matsunaka	N	Schroeder	E

YES 14		NO 21		EXCUSED 1		ABSENT 0
Alexander	N	Feeley	N	Mutzebaugh	YE	Tanner	N
Ament	N	Hernandez	N	Pascoe	N	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	N	Thiebaut	N
Bishop	NY	Johnson	N	Phillips	N	Wattenberg	N
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	N
Chlouber	Y	Lamborn	Y	Reeves	N	Wells	Y
Coffman	Y	Linkhart	N	Rizzuto	N	Wham	N
Congrove	Y	Martinez	N	Rupert	N	Mr. President	E
Dennis	N	Matsunaka	N	Schroeder	Y