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

Order

Prayer By the chaplain, Dr. Mel Taylor.

Roll Call Present--Total, 29.

Absent/Excused--Lacy, Rizzuto, Wattenberg, Wham--Total, 4

Absent--Hernandez--Total, 1.

Vacancy--Total, 1.

Present later--Hernandez, Lacy.

Quorum The President announced a quorum present.

Reading of On motion of Senator Reeves, reading of the Journal of January 30th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 98-167.

Services

Correctly engrossed: SB 98-12, 13, 14, 35, 38, 43, 71, 103.

COMMITTEE OF REFERENCE REPORTS

Judiciary After consideration on the merits, the committee recommends that SB 98-66 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 11, strike "ALTERNATIVE" and substitute "REASONABLE";

line 12, strike "TECHNIQUES" and substitute "ACCOMMODATIONS".

Judiciary After consideration on the merits, the committee recommends that SB 98-114 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 3, strike "MAY" and substitute "SHALL";

strike lines 6 and 7 and substitute "INVALIDITY OF MARRIAGE.";

line 21, strike "PLAN OR" and substitute "PLAN:";

strike lines 22 and 23.

Page 3, line 8, strike "OR";

line 17, strike "DECREE." and substitute "DECREE; OR";

after line 17, insert the following:

"(E)  ANY OTHER METHOD OR FORMULA MUTUALLY AGREED UPON BY THE PARTIES THAT SPECIFIES A DOLLAR AMOUNT OR PERCENTAGE PAYABLE TO THE ALTERNATE PAYEE.".

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of HJR 98-1006.

______________________________

CONSIDERATION OF RESOLUTION

HJR 98-1006 by Rep. Agler; Senator Coffman--1998-99 FY Revenue Estimate

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

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

Vacancy (*) is shown as "Excused"

Co-sponsor added: Chlouber

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 98-1002 by Rep. McPherson; Senator Blickensderfer--House Redistricting

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

YES 19		NO 12		EXCUSED 4		ABSENT 0
Alexander	Y	Vacancy	*	Mutzebaugh	Y	Tanner	Y
Ament	Y	Feeley	N	Pascoe	N	Tebedo	Y
Arnold	Y	Hernandez	Y	Perlmutter	N	Thiebaut	N
Bishop	Y	Hopper	Y	Phillips	N	Wattenberg	E
Blickensderfer	Y	Johnson	Y	Powers	Y	Weddig	N
Chlouber	Y	Lacy	Y	Reeves	N	Wells	Y
Coffman	N	Linkhart	N	Rizzuto	E	Wham	E
Congrove	Y	Martinez	Y	Rupert	N	Mr. President	Y
Dennis	N	Matsunaka	N	Schroeder	Y

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

Vacancy (*) shown as "Excused".

SB 98-43 by Sen. Alexander; Rep. Dyer--Scenic Railroad Exception

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

YES 31		NO 0		EXCUSED 4		ABSENT 0
Alexander	Y	Vacancy	*	Mutzebaugh	Y	Tanner	Y
Ament	Y	Feeley	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Hopper	Y	Phillips	Y	Wattenberg	E
Blickensderfer	Y	Johnson	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lacy	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	E	Wham	E
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.

Vacancy (*) shown as "Excused".

SB 98-43 Co-sponsors added: Chlouber, Mutzebaugh

(Cont.)

SB 98-13 by Sen. Powers; Representative T. Williams--Disclosures PIP Managed Care Options

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

YES 31		NO 0		EXCUSED 4		ABSENT 0
Alexander	Y	Vacancy	*	Mutzebaugh	Y	Tanner	Y
Ament	Y	Feeley	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Hopper	Y	Phillips	Y	Wattenberg	E
Blickensderfer	Y	Johnson	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lacy	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	E	Wham	E
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.

Vacancy (*) shown as "Excused".

SB 98-35 by Sen. Mutzebaugh; Rep. Swenson--Survey Of Railroad Tracks

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

YES 31		NO 0		EXCUSED 4		ABSENT 0
Alexander	Y	Vacancy	*	Mutzebaugh	Y	Tanner	Y
Ament	Y	Feeley	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Hopper	Y	Phillips	Y	Wattenberg	E
Blickensderfer	Y	Johnson	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lacy	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	E	Wham	E
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.

Vacancy (*) shown as "Excused".

SB 98-103 by Sen. Bishop; Rep. Smith--Operation Grand Junction Drainage Dist

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

YES 31		NO 0		EXCUSED 4		ABSENT 0
Alexander	Y	Vacancy	*	Mutzebaugh	Y	Tanner	Y
Ament	Y	Feeley	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Hopper	Y	Phillips	Y	Wattenberg	E
Blickensderfer	Y	Johnson	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lacy	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	E	Wham	E
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.

Vacancy (*) shown as "Excused".

SB 98-38 by Sen. Weddig; Rep. Owen--Unclaimed Property Recovery Agreements

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

YES 30		NO 1		EXCUSED 4		ABSENT 0
Alexander	Y	Vacancy	*	Mutzebaugh	Y	Tanner	Y
Ament	Y	Feeley	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Hopper	Y	Phillips	Y	Wattenberg	E
Blickensderfer	Y	Johnson	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lacy	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	E	Wham	E
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.

Vacancy (*) shown as "Excused".

Co-sponsors added: Hernandez, Tanner.

SB 98-71 by Sen. Phillips; Rep. Takis--Charitable Donations By Cities

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

YES 23		NO 7		EXCUSED 5		ABSENT 0
Alexander	N	Vacancy	*	Mutzebaugh	N	Tanner	Y
Ament	Y	Feeley	Y	Pascoe	Y	Tebedo	Y
Arnold	N	Hernandez	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Hopper	Y	Phillips	Y	Wattenberg	E
Blickensderfer	+	Johnson	Y	Powers	N	Weddig	Y
Chlouber	Y	Lacy	Y	Reeves	Y	Wells	Y
Coffman	N	Linkhart	Y	Rizzuto	E	Wham	E
Congrove	N	Martinez	Y	Rupert	Y	Mr. President	N
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.

Vacancy (*) shown as "Excused".

Abstaining (+) from voting under Senate Rule 17(c)--Senator Blickensderfer

SB 98-12 by Sen. Tebedo; Rep. Swenson--Auto Ins Failure To Maintain Coverage

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

YES 31		NO 0		EXCUSED 4		ABSENT 0
Alexander	Y	Vacancy	*	Mutzebaugh	Y	Tanner	Y
Ament	Y	Feeley	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Hopper	Y	Phillips	Y	Wattenberg	E
Blickensderfer	Y	Johnson	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lacy	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	E	Wham	E
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.

Vacancy (*) shown as "Excused".

Co-sponsors added: Bishop, Congrove, Hernandez, Linkhart, Martinez, Matsunaka, Perlmutter, Phillips, Powers, Rupert, Thiebaut.

SB 98-14 by Sen. Powers; Rep. T. Williams--Auto Insurance Wage Loss Replacement

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

YES 20		NO 11		EXCUSED 4		ABSENT 0
Alexander	Y	Vacancy	*	Mutzebaugh	Y	Tanner	N
Ament	Y	Feeley	N	Pascoe	N	Tebedo	Y
Arnold	Y	Hernandez	N	Perlmutter	N	Thiebaut	N
Bishop	Y	Hopper	Y	Phillips	Y	Wattenberg	E
Blickensderfer	Y	Johnson	N	Powers	Y	Weddig	Y
Chlouber	Y	Lacy	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	N	Rizzuto	E	Wham	E
Congrove	Y	Martinez	N	Rupert	N	Mr. President	Y
Dennis	Y	Matsunaka	N	Schroeder	Y

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

Vacancy (*) shown as "Excused".

Co-sponsor added: Schroeder

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

COMMUNICATIONS FROM THE SECRETARY OF STATE

Oath of Mr. Chief Justice Vollack administered the oath of office to Senator-Appointed Lamborn

Office

Roll Call The Roll Call of the Senate was called with the following result:

Present--Total, 30.

Absent/Excused--Blickensderfer, Coffman, Rizzuto, Wattenberg, Wham--Total, 5.

Present later--Wham.

Quorum The President announced a quorum present.

INTRODUCTION AND CONSIDERATION OF RESOLUTION

SR 98-6 by Senators Norton, Wells, and Feeley--Concerning a change in the membership of senate committees.

Be It Resolved by the Senate of the Sixty-first General Assembly of the State of Colorado:

That the following deletions and additions be made in the membership of the following Senate Committees:

Delete Senator Duke as a member of Education, Transportation, and State Veterans and Military Affairs;

Add Senator Lamborn as a member of Education, Transportation, and State Veterans and Military Affairs;

Substitute Senator Congrove for Senator Duke as Vice-Chairman of State Veterans and Military Affairs.

Senator Wells moved to suspend Senate Rule 30(c).

A two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(c) was suspended and Immediate Consideration granted.

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

YES 30		NO 0		EXCUSED 5		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	E
Blickensderfer	E	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	E	Linkhart	Y	Rizzuto	E	Wham	E
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

Co-sponsors added: Arnold, Martinez, Tebedo.

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

of the consideration of General Orders and Senator Ament was called to the Chair to act as

Whole 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:

SB 98-19 by Sen. Chlouber--Extending Horse Racing Regulations

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

SB 98-23 by Sen. Pascoe; Representative Morrison--Crib Safety

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

(Printed in Senate Journal, January 28, pages 113-114.)

Amendment No. 2, by Senator Pascoe

Amend the committee amendment, as printed in Senate Journal, January 28, page 113, strike lines 33 through 35 and substitute the following:

"Amend printed bill, page 2, line 15, strike "REMANUFACTURE,";

line 16, strike "RETROFIT,";

line 24, strike "REMANUFACTURES, RETROFITS,".

Page 3, line 14, strike "REMANUFACTURE, RETROFIT,";

strike lines 17 through 19 and substitute the following:

"CRIB THAT IS UNSAFE, AS PROVIDED IN SUBSECTION (6) OF THIS SECTION, OR DOES NOT CONFORM TO THE FOLLOWING STANDARDS:".".

SB 98-23

(Cont.)

Page 114, strike line 15, and substitute the following:

"Page 4, line 2, strike "(5)" and substitute "(7)";

line 4, strike "REMANUFACTURING, RETROFITTING,";

line 10, strike "(6)", and substitute "(8) (a)";

line 11, strike "IS" and substitute "DOES NOT CONFORM TO THE STANDARDS SPECIFIED IN SUBSECTION (4) OF THIS SECTION OR IS";

line 12, strike "(4)" and substitute "(6)";

line 13, strike "MAINTAIN" and substitute "BRING";

line 17, strike "REMANUFACTURING, RETROFITTING,";

strike lines 19 and 20, and substitute the following:

"SUBLETTING ANY USED FULL­SIZE OR NONFULL­SIZE CRIB THAT DOES NOT CONFORM TO THE STANDARDS SPECIFIED IN SUBSECTION (4) OF THIS SECTION OR IS PRESUMED TO BE UNSAFE AS PROVIDED IN SUBSECTION (6) OF THIS SECTION.

(b)  IN ADDITION TO AN";

strike lines 24 and 25, and substitute the following:

"USING THE CRIB, SUCH ADDITIONAL DAMAGES AS ARE PROVIDED BY LAW.".".

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

HB 98-1121 by Rep. Pfiffner; Senator Powers--Continuation Of Veterans Affairs Board

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

SB 98-54 by Sen. Dennis--Licensing Private Prisons

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, January 29, pages 122-123.)

Amendment No. 2, by Senator Mutzebaugh

Amend the Judiciary Committee amendment as printed in the Senate Journal, January 29, 1998, page 123, strike line 26, a substitute the following,

"(3) A PRIVATE PRISON SHALL NOT CONTRACT TO HOUSE ANY INMATE, EXCEPT ON A TEMPORARY BASIS,".

As amended, 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 Ament, 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 98-19; HB 98-1121, declared passed on Second Reading.

SB 98-23 as amended, 98-54 as amended, declared passed on Second Reading.

INTRODUCTION OF BILLS--FIRST READING

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

SB 98-168 by Senator Norton; also Representative Anderson--Concerning financial assistance for public school emergency capital construction projects.

Education

SB 98-169 by Senator Norton; also Representative Anderson--Concerning a temporary reduction in the state income tax rate for the purpose of refunding state excess revenues that voters have not authorized the state to retain.

Finance

SB 98-170 by Senator Norton; also Representative Anderson--Concerning increased funding for transportation needs in the state of Colorado.

Transportation

INTRODUCTION OF CONCURRENT RESOLUTION--FIRST READING

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

SCR 98-3 by Senator Norton; also Representative Anderson--Submitting to the registered electors of the state of Colorado an amendment to section 20 (7) (d) of article X of the constitution of the state of Colorado to extend by one year the period in which state revenues that exceed the constitutional limitation on fiscal year spending must be refunded.

Finance

SCR 98-4 by Senator Norton; also Representative Anderson--Submitting to the registered electors of the state of Colorado an amendment to sections 3, 11, and 20 of article X of the constitution of the state of Colorado, concerning property tax reform, and, in connection therewith, modifying the valuation for assessment percentage for residential property, establishing a homestead exemption from property taxes levied for the funding of public schools for a portion of the actual value of owner-occupied residential property used as a primary residence, establishing a statewide property tax mill levy for the funding of public schools; and, for the purpose of funding public schools, authorizing the state to retain up to seventy-five million dollars for the 1997-98 state fiscal year and for each state fiscal year thereafter, notwithstanding any state restriction or limitation on spending or appropriations, including without limitation the restrictions of section 20 of article X of the state constitution and the statutory limitation on state general fund appropriations.

Education

MESSAGE FROM THE HOUSE

February 2 , 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1052, 1139, 1143, 1208, and 1225.

HB98-1015, amended as printed in House Journal, January 30, pages 292-293;

HB98-1036, amended as printed in House Journal, January 30, page 297;

HB98-1054, amended as printed in House Journal, January 30, page 297;

HB98-1057, amended as printed in House Journal, January 30, pages 297-298;

HB98-1079, amended as printed in House Journal, January 30, page 296; also amended on Third Reading as printed in House Journal February 2, pages 329-330;

HB98-1081, amended as printed in House Journal, January 30, page 297;

HB98-1102, amended as printed in House Journal, January 30, page 294;

HB98-1103, amended as printed in House Journal, January 30, page 296;

HB98-1141, amended as printed in House Journal, January 30, pages 296-297;

HB98-1168, amended as printed in House Journal, January 30, pages 294-295;

HB98-1176, amended as printed in House Journal, January 30, page 298;

HB98-1210, amended as printed in House Journal, January 30, pages 298-299.

The House has adopted and transmits herewith HJR98-1007, as printed in House Journal, January 19,1998, pages 109-114.

MESSAGE FROM THE REVISOR

February 2, 1998

We herewith transmit:

without comment, HB98-1052, 1139, 1143, 1208, and 1225; and,

without comment, as amended, HB98-1015, 1036, 1054, 1057, 1079, 1081, 1102, 1103, 1141, 1168, 1176, and 1210.

______________________________

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 Monday, February 2, was laid over until Tuesday, February 3, retaining its place on the calendar.

______________________________

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

February 3, 1998.

Approved:

Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate