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

83rd Legislative Day Monday, March 30, 1998

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

Order

Prayer By the chaplain, Lt. Colonel Ralph Yuhasz.

Roll Call Present--Total, 34.

Absent/Excused--Wham--Total, 1.

Present later--Wham.

Quorum The President announced a quorum present.

Reading of On motion of Senator Congrove, reading of the Journal of March 27th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 98-190, 191, 192, 193.

Services

Correctly revised: HB 98-1005, 1016, 1041, 1053, 1128, 1140, 1141, 1177, 1209, 1252, 1261, 1264, 1300, 1305, 1312, 1368, 1372, 1375.

Correctly enrolled: SB 98-87, 174; also SJR 98-12.

To the governor for signature on Friday, March 27, 1998, at 1:45 p.m:

SB 98-49, 63.

SIGNING OF BILLS

The President has signed: SB 98-49, 63.

The President has signed: HB98-1047, 1080, 1094, 1096, 1124, 1127, 1208, 1259, and 1360.

The President has signed: HB 98-1150.

SIGNING OF RESOLUTIONS

The President has signed: HJR98-1015, 1019, and 1022.

COMMITTEE OF REFERENCE REPORT

Business After consideration on the merits, the committee recommends that HB 98-1203 be

Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with

and Labor favorable recommendation:

Amend reengrossed bill, page 2, line 14, after "C.R.S.,", insert "AND THOSE THAT WOULD BE COVERED EXCEPT FOR A SPECIFIC EXEMPTION SET FORTH IN SAID ARTICLE 61 OF TITLE 12, C.R.S.,";

line 19, strike "ALL";

line 20, after "ACCOUNT", insert "FOR THE BENEFIT OF HOME PURCHASERS";

strike lines 22 through 25 and substitute the following:

HB 98-1203

(Cont.)

"CERTIFICATE OF DEPOSIT ISSUED BY A LICENSED FINANCIAL INSTITUTION, OR A SURETY BOND ISSUED BY AN AUTHORIZED INSURER IN A FORM APPROVED BY THE ATTORNEY GENERAL OF THE STATE OF COLORADO AND CONDITIONED UPON THE PERSON'S REFUND OF ANY HOME SALE DEPOSIT RECEIVED UNDER AGREEMENTS FOR THE SALE OF MANUFACTURED HOMES. NO FINANCIAL INSTITUTION OR CORPORATE SURETY SHALL BE REQUIRED TO MAKE ANY PAYMENT TO ANY PERSON CLAIMING UNDER SUCH DEPOSIT OR BOND UNTIL A FINAL DETERMINATION OF FRAUD, DEFALCATION OF FUNDS, OR CONVERSION HAS BEEN MADE BY A COURT OF COMPETENT JURISDICTION OR UPON A BANKRUPTCY FILING BY THE SELLER.";

line 26, strike "FIDUCIARY" and substitute "SURETY".

Page 3, line 3, after "COLORADO", insert "WHO ARE PURCHASERS OF MANUFACTURED HOMES";

line 11, strike "FIDUCIARY" and substitute "SURETY";

line 15, after "THAT", insert "ESCROW DEPOSIT";

strike lines 22 through 26 and substitute the following:

"(III)  ALL CONTRACTS FOR THE SALE OF A MANUFACTURED HOME MUST PROVIDE A DATE CERTAIN FOR DELIVERY OF THE HOME, OR A SPECIFICATION OF DELIVERY PRECONDITIONS WHICH MUST OCCUR BEFORE THE DATE OF HOME DELIVERY CAN BE DETERMINED. UNLESS DELAY IN DELIVERY IS UNAVOIDABLE, OR CAUSED BY THE BUYER, THE CONTRACT FOR MANUFACTURED HOME SALE SHALL FURTHER PROVIDE THAT, AT SELLER'S ELECTION, HE WILL REFUND THE HOME SALE DEPOSIT OR PAY A REASONABLE BUYER LIVING EXPENSE PER DIEM IF THE DATE OF DELIVERY IS MORE THAN THIRTY DAYS AFTER THE CONTRACT DATE OF DELIVERY OR THE COMPLETION OF DELIVERY PRECONDITIONS SET FORTH IN THE CONTRACT IF NO DELIVERY DATE CERTAIN HAS BEEN SET.".

Page 4, strike line 1.

MESSAGE FROM THE HOUSE

March 30, 1998

Mr. President:

In response to the request of the Senate, the Speaker has appointed Representatives T. Williams, chairman, Swenson, and Viega as House conferees on the First Conference Committee on SB98-013.

In response to the request of the Senate, the Speaker has appointed Representatives Dean, chairman, Agler, and Tupa as House conferees on the First Conference Committee on SB98-171.

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

SJR 98-19 by Senator Norton; also Representative Owen--Concerning the 76th annual Greeley Independence Day Stampede.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Tuesday, March 31.

______________________________

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 98-16.

______________________________

CONSIDERATION OF RESOLUTION

SJR 98-16 by Sen. Coffman; Rep. Dyer--Military Appreciation Day

On motion of Senator Coffman, the Resolution 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
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
E

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

Co-sponsors added: Ament, Arnold, Bishop, Blickensderfer, Dennis, Hernandez, Hopper, Johnson, Lacy, Lamborn, Linkhart, Matsunaka, Norton, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert, Tanner, Tebedo, Thiebaut, Wattenberg, Wells.

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 98-1128 by Rep. May; Senator Ament--Motor Vehicle Sales Transactions

Laid over until later in the day, Monday, March 30. (For further action, see pages 659-660, where HB 98-1128 as amended, was passed on Third Reading and Final Passage.)

HB 98-1264 by Rep. Adkins; Sen. Wells--Discovery Procedures In Class 1 Felonies

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


YES 29

NO 5

EXCUSED 1

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
Y
Wells
Y

Coffman
Y
Linkhart
N
Rizzuto
Y
Wham
E

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 was declared PASSED.

Co-sponsors added: Arnold, Mutzebaugh, Powers, Wattenberg.

HB 98-1141 by Rep. Allen; Sen. Lacy--Terminating Tenancy As Public Nuisance

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


YES 23

NO 9

EXCUSED 3

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
N
Hopper
Y
Perlmutter
N
Thiebaut
N

Bishop
Y
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
*
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
Y
Reeves
N
Wells
Y

Coffman
*
Linkhart
N
Rizzuto
Y
Wham
E

Congrove
Y
Martinez
N
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.

Co-sponsor added: Schroeder

Abstaining (*) from voting under Senate Rule 17(c)--Senators Blickensderfer and Coffman

HB 98-1053 by Rep. Kreutz; Senator Wattenberg--Short­Term Health Insurance

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


YES 34

NO 0

EXCUSED 1

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
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.

Co-sponsors added: Tebedo, Weddig.

HB 98-1261 by Rep. Tool; Senator Mutzebaugh--School District Reorganization

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


YES 33

NO 1

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
N
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
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.

HB 98-1016 by Rep. T. Williams; Senator Schroeder--Regulation Of Architects

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


YES 34

NO 0

EXCUSED 1

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
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.

Co-sponsor added: Chlouber

HB 98-1209 by Rep. Young; Senator Rizzuto--Education Reform

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


YES 34

NO 0

EXCUSED 1

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
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.

Co-sponsor added: Tebedo

HB 98-1252 by Rep. Dyer; Sen. Alexander--Mission Of Fort Lewis College

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


YES 34

NO 0

EXCUSED 1

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
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.

Co-sponsors added: Arnold, Bishop, Chlouber, Feeley, Mutzebaugh, Norton, Phillips, Rupert.

HB 98-1368 by Rep. Adkins; Sen. Mutzebaugh--Scientific & Cultural Facilities Dists

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


YES 29

NO 5

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
N

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
N
Reeves
Y
Wells
Y

Coffman
N
Linkhart
Y
Rizzuto
Y
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.

Co-sponsors added: Bishop, Hernandez, Hopper, Linkhart, Martinez, Norton, Pascoe, Perlmutter, Phillips, Reeves, Rupert, Wattenberg, Weddig.

HB 98-1177 by Rep. Agler; Sen. Hopper--Sex Offenders

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

Third Reading Amendment No. 1, by Senator Hopper

Amend revised bill, page 17, line 21, strike "(IV)" and substitute "(V)".

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 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
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
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, as amended, was declared PASSED.

Co-sponsor added: Arnold

HB 98-1375 by Rep. Anderson; Sen. Bishop--Transportation Planning Regions

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


YES 31

NO 3

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
N

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
N
Linkhart
Y
Rizzuto
Y
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.

HB 98-1312 by Rep. Pfiffner; Senator Blickensderfer--State Employee Compensation Law

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


YES 27

NO 7

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
N
Mutzebaugh
Y
Tanner
N

Ament
Y
Hernandez
N
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
N

Bishop
Y
Johnson
Y
Phillips
N
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
E

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.

HB 98-1041 by Rep. Dean; Senator Schroeder--Theft Of Cable Services

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


YES 25

NO 9

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
N
Tanner
Y

Ament
Y
Hernandez
N
Pascoe
N
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
N
Thiebaut
Y

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
E

Congrove
N
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: Arnold, Chlouber, Tebedo.

HB 98-1140 by Rep. C. Berry; Senator Norton--Workers' Comp PPD Schedule

Call of Call of Senate.

Senate

Call Raised.

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


YES 18

NO 14

EXCUSED 3

ABSENT 0

Alexander
Y
Feeley
N
Mutzebaugh
N
Tanner
N

Ament
Y
Hernandez
N
Pascoe
N
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
N
Thiebaut
N

Bishop
Y
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
E

Congrove
Y
Martinez
N
Rupert
N
Mr. President
Y

Dennis
Y
Matsunaka
*
Schroeder
Y

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

HB 98-1140 Co-sponsors added: Alexander, Arnold, Powers, Tebedo.

(Cont.)

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

HB 98-1372 by Rep. Swenson; Senator Norton--Certificate Of Review To Cover Employer

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


YES 34

NO 0

EXCUSED 1

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
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.

Co-sponsor added: Perlmutter

HB 98-1005 by Rep. Spradley; Sen. Blickensderfer--Reduction Of Property Taxes

Laid over until later in the day, Monday, March 30. (For further action, see page 659, where HB 98-1005 as amended, was passed on Third Reading and Final Passage.)

HB 98-1305 by Rep. Grossman; Senator Wham--County Boundary Adjustments

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


YES 22

NO 13

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
N
Tanner
Y

Ament
N
Hernandez
Y
Pascoe
Y
Tebedo
N

Arnold
N
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
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

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

Co-sponsors added: Hernandez, Martinez, Weddig.

HB 98-1300 by Rep. Adkins; Sen. Wham--Oversight Of Public Defenders Office

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


YES 24

NO 11

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
N
Mutzebaugh
Y
Tanner
N

Ament
Y
Hernandez
N
Pascoe
N
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
N
Thiebaut
N

Bishop
Y
Johnson
Y
Phillips
N
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
E

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-sponsor added: Chlouber

______________________________

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.

______________________________

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 THE

COLORADO COMPENSATION

INSURANCE AUTHORITY

for a term expiring January 1, 2000:

Margaret J. Lifland of Frisco, 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 Mark R. Larson;

for a term expiring January 1, 2003:

Donald J. Moschetti of Center, Colorado, to serve as a representative of employers insured by the state compensation insurance authority, reappointed.


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

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

BOARD OF DIRECTORS OF THE COLORADO

UNINSURABLE HEALTH INSURANCE PLAN

for terms expiring July 1, 2000:

Darnell Dent of Colorado Springs, Colorado, to serve as a representative of Insurers and to fill a vacancy occasioned by the resignation of Gary S. Carlson, appointed;


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

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

COLORADO STATE FAIR AUTHORITY

BOARD OF COMMISSIONERS

for terms expiring November 1, 1999;

Betty J. Miller of Golden, Colorado, to serve as a representative of the Sixth Congressional District and as a Democrat;

Russell N. Johnson of Sterling, Colorado, to serve as a representative with substantial experience in agriculture or in the activities of 4­H clubs, the Fourth Congressional District and as a Republican;

for terms expiring November 1, 2000;

Selman T. Harned of Gypsum, Colorado, to serve as a resident of the Western Slope and as a Republican;

Frances Koncilja of Denver, Colorado, to serve as a representative of the First Congressional District and as a Democrat;

Alexander "Sandy" Clark of Pueblo West, Colorado, to serve as a resident of the county in which the Colorado state fair and industrial exposition is held and as a Democrat;

for terms expiring November 1, 2001;

Robert A. Jackson of Pueblo, Colorado, to serve as a resident of the county in which the Colorado state fair and industrial exposition is held and as a Democrat.


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

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

MOTION PICTURE AND TELEVISION

ADVISORY COMMISSION

for a term expiring June 30, 2000:

Charles "Sam" P. Rice of Denver, Colorado, to serve as a representative of the First Congressional District and as an Unaffiliated;

for terms expiring June 30, 2001:

John D. Ashton of Fort Collins, Colorado, to serve as a representative of the Fourth Congressional District and as an Unaffiliated;

Phillip R. Garvin of Denver, Colorado, to serve as a representative of the First Congressional District and as a Democrat.


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

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

COLORADO LIMITED GAMING

CONTROL COMMISSION

for a term expiring July 1, 2001:

Phil K. Walter of Glenwood Springs, Colorado, to serve as a representative of law enforcement from the Third Congressional District and a Republican.


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

______________________________

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 98-1012.

______________________________

CONSIDERATION OF RESOLUTION

HJR 98-1012 by Rep. C. Berry; Senator Norton--Jack Swigert Memorial

(Printed in House Journal, February 13, pages 498-500.)

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

Co-sponsors added: Alexander, Ament, Arnold, Bishop, Blickensderfer, Chlouber, 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, Wham.

__________________________

On motion of Senator Wells, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB 98-1269, 98-1271; SB 98-100; HB 98-1165, 98-1214, 98-1065, 98-1256; SCR 98-4; HB 98-1228, 98-1152; SB 98-26, 98-120, 98-180, 98-166, 98-170, 98-177, 98-30; HB 98-1159, 98-1325, 98-1395, 98-1306 were made Special Orders at 11:30 a.m.

__________________________

Committee The hour of 11:30 a.m. having arrived, Senator Chlouber moved that the Senate resolve

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

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

SPECIAL ORDERS--SECOND READING OF BILLS--11:30 A.M.

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

HB 98-1269 by Rep. Sinclair; Sen. Powers--Use Tax Exemption For Donations

Amendment No. 1, Finance Committee Amendment

(Printed in Senate Journal, March 13, pages 461-462.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, March 26, page 608.)

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

HB 98-1271 by Rep. Spradley; Senator Dennis--State Estate Taxes

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

SB 98-100 by Sen. Ament; Rep. C. Berry--Property Tax Classification Of Pipelines

Amendment No. 1, Finance Committee Amendment

(Printed in Senate Journal, March 13, pages 241-242.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, March 26, pages 571-572.)

Amendment No. 3, by Senator Ament

Amend printed bill, page 1, line 102 strike "THOUGH" and substitute "THROUGH".

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

HB 98-1214 by Rep. K. Alexander; Senator Ament--Farm Equip Sales & Use Tax Exemption

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

HB 98-1165 by Rep. Musgrave; Sen. Ament--Food Donation Income Tax Credit

Amendment No. 1, Finance Committee Amendment

(Printed in Senate Journal, March 13, pages 460-461.)

As amended, laid over until later in the day, Monday, March 30. (For further action, see page 651, where HB 98-1165 as amended, was ordered revised 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 Chlouber, 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 98-1271, 98-1214, declared passed on Second Reading.

SB 98-100 as amended; HB 98-1269 as amended, declared passed on Second Reading.

HB 98-1165 as amended, laid over until later in the day, Monday, March 30.

MESSAGES FROM THE HOUSE

March 30, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1401, amended as printed in House Journal, March 27, pages 1077-1080;

HB98-1402, amended as printed in House Journal, March 27, page 1080.

March 30, 1998

Mr. President:

The House has adopted and returns herewith SJR98-016.

MESSAGE FROM THE REVISOR

March 30, 1998

We herewith transmit:

without comment, as amended, HB98-1401 and HB98-1402.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 98­1130

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

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 98­1130, concerning crime victim compensation, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 4, line 24, strike "shall MAY" and substitute "shall";

line 25, strike "mittimus." and substitute "mittimus; EXCEPT THAT THE COURT AT THE TIME OF SENTENCING MAY IMPOSE, OR AT A LATER DATE MAY AMEND THE RESTITUTION ORDER TO REFLECT, AN AMOUNT OF RESTITUTION THAT IS LESS THAN THE FULL PECUNIARY LOSS CAUSED BY THE DEFENDANT IF THE DEFENDANT, THE PROSECUTING ATTORNEY, AND THE VICTIM AGREE ON SUCH LESSER AMOUNT.".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Jeanne Faatz, Chair Sen. Sally Hopper, Chair

Rep. Penn Pfiffner Sen. Ed Perlmutter

Rep. Jeannie Reeser Sen. Dottie Wham

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

SJR 98-20 by Senator Norton; also Representatives Owen and T. Williams--Concerning the extension of congratulations from the General Assembly to the University of Northern Colorado Bears Football Team.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Tuesday, March 31.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

Senate in recess.

Senate reconvened.

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

of the for consideration of Special Orders and Senator Chlouber was called to the Chair to act

Whole as Chairman.

SPECIAL ORDERS--SECOND READING OF BILLS (CONT.)

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

HB 98-1065 by Rep. McElhany; Sen. Lamborn--Eliminate Sales Tax On Phone Services

(Appropriations Committee Amendment as printed in Senate Journal, March 26, page 576, declare LOST on Second Reading.)

Ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see page 657, Roll Call Vote.)

HB 98-1165 by Rep. Musgrave; Sen. Ament--Food Donation Income Tax Credit

(Amended in Special Orders as printed in Senate Journal, March 30, page 649.)

Amendment No. 1, by Senator Phillips

Amend reengrossed bill, page 6, strike lines 18 through 26.

Page 7, strike line 1 and substitute the following:

and criminal liability ­ assumption of risk. (5)  ANY PERSON WHO ENGAGES IN THE GLEANING OF AN AGRICULTURAL CROP OR PORTION THEREOF FOR DONATION TO A QUALIFIED NONPROFIT ORGANIZATION IN ACCORDANCE WITH SECTION 39­22­522, C.R.S., ASSUMES THE RISK OF INJURY OR DAMAGE ASSOCIATED WITH SUCH GLEANING AS SET FORTH IN SECTION 13­21­111.7. FOR THE PURPOSES OF THIS SUBSECTION (5), "GLEANING" AND "QUALIFIED NONPROFIT ORGANIZATION" SHALL HAVE THE SAME MEANINGS AS SET FORTH IN SECTION 39­22­522 (5), C.R.S.".

Amendment No. 2, by Senator Coffman

Amend reengrossed bill, page 6, strike lines 15 through 26.

Page 7, strike line 1.

Renumber succeeding sections accordingly.

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

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

(Appropriations Committee Amendment as printed in Senate Journal, March 26, page 576, declared LOST on Second Reading.)

Amendment No. 1, Finance Committee Amendment

(Printed in Senate Journal, March 6, page 416.)

Amendment No. 2, by Senator Schroeder

Strike the Finance Committee amendment, as printed in Senate Journal, March 6, page 416, lines 37 through 51.

Amend reengrossed bill, page 7, strike lines 6 through 10 and substitute the following:

"TO SECTION 43­4­205 (6.7) SHALL BE EXPENDED FOR THE PURPOSES SET FORTH IN PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION. SUCH EXPENDITURES SHALL BE".

Amendment No. 3, by Senator Rupert

Strike the Appropriations Committee amendment, as printed in Senate Journal, March 26, page 576, lines 32 through 43.

Amend reengrossed bill, page 2, strike line 18 and substitute the following:

"(I)  TWO HUNDRED TWENTY MILLION DOLLARS; OR".

Page 3, line 11, strike "2002," and substitute "2000,";

strike line 15 and substitute the following:

HB 98-1256

(Cont.)

"(A)  TWO HUNDRED TWENTY MILLION DOLLARS; OR";

after line 25, insert the following:

"(c) (I)  UPON CERTIFICATION THAT STATE REVENUES FROM SOURCES NOT EXCLUDED FROM STATE FISCAL YEAR SPENDING EXCEED THE LIMITATION ON FISCAL YEAR SPENDING IMPOSED UPON THE STATE BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION FOR ANY FISCAL YEAR COMMENCING ON OR AFTER JULY 1, 2000, BUT PRIOR TO JULY 1, 2002, THE STATE TREASURER SHALL TRANSFER AN AMOUNT OF REVENUES FROM THE GENERAL FUND TO THE STATE EXCESS REVENUE TRUST FUND CREATED IN SUBSECTION (1) OF THIS SECTION EQUAL TO THE LESSER OF:

(A)  ONE HUNDRED EIGHTY MILLION DOLLARS; OR

(B)  THE AMOUNT OF STATE REVENUES FROM SOURCES NOT EXCLUDED FROM STATE FISCAL YEAR SPENDING THAT IS IN EXCESS OF THE FISCAL YEAR SPENDING LIMITATION IMPOSED UPON THE STATE BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION FOR SUCH STATE FISCAL YEAR AS CERTIFIED AND AUDITED PURSUANT TO SECTION 24­77­106.5.

(II)  THE STATE TREASURER SHALL TRANSFER SAID AMOUNT OF REVENUES TO THE STATE EXCESS REVENUE TRUST FUND NO LATER THAN NOVEMBER 1 OF THE CALENDAR YEAR IN WHICH THE STATE FISCAL YEAR FOR WHICH SUCH EXCESS STATE REVENUES ARE CERTIFIED ENDS.";

line 26, strike "(c)" and substitute "(d)".

Page 4, line 4, strike "(d)" and substitute "(e)";

strike lines 10 and 11 and substitute the following:

"24­75­1102.  Purposes. (1)  FOR THE FISCAL YEARS COMMENCING ON AND AFTER JULY 1, 1999, BUT PRIOR TO JULY 1, 2001, THE GENERAL ASSEMBLY SHALL, BY BILL, TRANSFER REVENUES FROM THE STATE EXCESS REVENUE TRUST FUND AS FOLLOWS:

(a)  TO THE SCHOOL CONSTRUCTION AND RENOVATION FUND CREATED IN SECTION 22­43.7­103, C.R.S., AS ENACTED BY HOUSE BILL 98­1231, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY;

(b)  TO THE STATE CAPITOL BUILDING RENOVATION FUND CREATED IN SECTION 24­82­109;

(c)  TO THE HIGHER EDUCATION ACCOUNT OF THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24­75­302; AND

(d)  TO THE HIGHWAY USERS TAX FUND CREATED IN SECTION 43­4­201 (1) (a), C.R.S.

(2)  FOR THE FISCAL YEARS COMMENCING ON AND AFTER JULY 1, 2001, BUT PRIOR TO JULY 1, 2004, THE GENERAL";

strike lines 22 through 26 and substitute the following:

"(3)  THE AMOUNTS TRANSFERRED FOR EACH OF THE PURPOSES SPECIFIED IN SUBSECTION (1) OF THIS SECTION DURING THE PERIOD COMMENCING JULY 1, 1999, AND ENDING PRIOR TO JULY 1, 2001, SHALL BE ALLOCATED IN THE FOLLOWING PERCENTAGES:

(a)  TWENTY-SEVEN AND THREE-TENTHS PERCENT OF THE REVENUES FROM THE STATE EXCESS REVENUE TRUST FUND TO THE HIGHWAY USERS TAX FUND CREATED IN SECTION 43­4­201 (1) (a), C.R.S.;

(b)  TWENTY­SEVEN AND THREE­TENTHS PERCENT OF THE REVENUES FROM THE STATE EXCESS REVENUE TRUST FUND TO THE SCHOOL CONSTRUCTION AND RENOVATION FUND CREATED IN SECTION 22­43.7­103, C.R.S., AS ENACTED BY HOUSE BILL 98­1231, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY;

HB 98-1256

(Cont.)

(c)  TWENTY­SEVEN AND THREE­TENTHS PERCENT OF THE REVENUES FROM THE STATE EXCESS REVENUE TRUST FUND TO THE HIGHER EDUCATION ACCOUNT OF THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24­75­302; AND

(d)  EIGHTEEN AND ONE­TENTHS PERCENT OF THE REVENUES FROM THE STATE EXCESS REVENUE TRUST FUND TO THE STATE CAPITOL BUILDING RENOVATION FUND CREATED IN SECTION 24­82­109.

(4)  THE AMOUNTS TRANSFERRED FOR EACH OF THE PURPOSES SPECIFIED IN SUBSECTION (2) OF THIS SECTION DURING THE PERIOD COMMENCING JULY 1, 2001, AND ENDING PRIOR TO JULY 1, 2004, SHALL BE ALLOCATED IN THE FOLLOWING PERCENTAGES:

(a)  THIRTY-THREE AND ONE-THIRD PERCENT OF THE REVENUES FROM THE STATE EXCESS REVENUE TRUST FUND TO THE HIGHWAY USERS TAX FUND CREATED IN SECTION 43­4­201 (1) (a), C.R.S.;

(b)  THIRTY-THREE AND ONE-THIRD PERCENT OF THE REVENUES FROM THE STATE EXCESS REVENUE TRUST FUND TO THE SCHOOL CONSTRUCTION AND RENOVATION FUND CREATED IN SECTION 22­43.7­103, C.R.S., AS ENACTED BY HOUSE BILL 98­1231, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY; AND

(c)  THIRTY-THREE AND ONE-THIRD PERCENT OF THE REVENUES FROM THE STATE EXCESS REVENUE TRUST FUND TO THE HIGHER EDUCATION ACCOUNT OF THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24­75­302.".

Page 5, strike lines 1 and 2.

Page 7, after line 13, insert the following:

"SECTION 5.  24­82­109, Colorado Revised Statutes, is amended to read:

24­82­109.  State capitol building renovation fund. (1)  The department of personnel shall have the authority to accept any bequests, gifts, and grants of any kind from any private source or from any governmental unit to be used for the renovation of the Colorado state capitol building. For the purposes of this section, "renovation" means the repair, remodeling, restoration, and preservation of the Colorado state capitol building and any fixtures or improvements associated therewith, INCLUDING THE RENOVATION AND RESTORATION PROJECT SPECIFIED IN SUBSECTION (2) OF THIS SECTION. The use of such bequests, gifts, and grants shall be subject to the conditions upon which the bequests, gifts, and grants are made; except that no bequest, gift, or grant shall be accepted if the conditions attached thereto require the use or expenditure thereof in a manner contrary to law or require expenditures from the general fund or any other fund in the state treasury unless such expenditures are approved by the general assembly. Such bequests, gifts, and grants, together with any other moneys appropriated or transferred by the general assembly, shall be credited to the Colorado state capitol building renovation fund, which fund is hereby created in the state treasury. The moneys in said fund shall be subject to annual appropriation by the general assembly for the purpose of renovating the Colorado state capitol building. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any moneys not appropriated shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year.

HB 98-1256

(Cont.)

(2)  ANY REVENUES TRANSFERRED TO THE STATE CAPITOL BUILDING RENOVATION FUND PURSUANT TO SECTION 24­75­1102 (1) SHALL BE EXPENDED FOR THE RENOVATION AND RESTORATION OF THE STATE CAPITOL BUILDING, INCLUDING STRUCTURAL RENOVATION, HEALTH AND LIFE SAFETY IMPROVEMENT, ACCESSIBILITY, ADVANCED COMMUNICATIONS AND CLIMATE INFRASTRUCTURE, AND HISTORICAL PRESERVATION AND RESTORATION OF THE STATE CAPITOL BUILDING. SUCH MONEYS SHALL ALSO FUND THE RELOCATION OF ALL STATE GOVERNMENT OFFICES THAT ARE CURRENTLY LOCATED WITHIN THE STATE CAPITOL BUILDING AND THE GENERAL ASSEMBLY TO ANOTHER LOCATION FOR THE DURATION OF THE RENOVATION AND RESTORATION PROJECT, INCLUDING THE RELOCATION OF TENANTS CURRENTLY IN STATE OFFICE BUILDINGS ADJACENT TO THE STATE CAPITOL BUILDING AND THE COSTS OF RENOVATING ADJACENT STATE OFFICE BUILDINGS IN ORDER TO RELOCATE STATE GOVERNMENT OFFICES AND THE GENERAL ASSEMBLY FROM THE STATE CAPITOL BUILDING DURING THE RENOVATION AND RESTORATION PROJECT. SUCH RENOVATION AND RESTORATION PROJECT SHALL BEGIN NO LATER THAN SEPTEMBER 1, 2000, AND SHALL BE COMPLETED NO LATER THAN SEPTEMBER 1, 2002, UNLESS AN EXTENSION OF TIME IS WARRANTED AS DETERMINED BY AN OVERSIGHT COMMITTEE DESIGNATED BY THE GENERAL ASSEMBLY TO OVERSEE THE RENOVATION AND RESTORATION PROJECT.".

Renumber succeeding sections accordingly.

Page 8, strike lines 22 through 25 and substitute the following:

"TO TWO HUNDRED TWENTY MILLION DOLLARS OF THE STATE REVENUES IN EXCESS OF THE CONSTITUTIONAL LIMITATION ON STATE FISCAL YEAR SPENDING FOR THE FISCAL YEARS COMMENCING ON AND AFTER JULY 1, 1997, BUT PRIOR TO JULY 1, 2000, AND UP TO ONE HUNDRED EIGHTY MILLION DOLLARS OF THE STATE REVENUES IN EXCESS OF THE CONSTITUTIONAL LIMITATION ON STATE FISCAL YEAR SPENDING FOR THE FISCAL YEARS COMMENCING ON AND AFTER JULY 1, 2000, BUT PRIOR TO JULY 1, 2002, FOR THE PURPOSE OF FUNDING SCHOOL DISTRICT CAPITAL";

line 26, after "NEEDS,", insert "THE RESTORATION AND RENOVATION OF THE STATE CAPITOL BUILDING,".

Page 9, strike lines 6 and 7 and substitute the following:

"EXCESS REVENUES FOR THESE PURPOSES, SPECIFYING THE ALLOCATION OF SUCH EXCESS REVENUES FOR THESE PURPOSES,";

line 8, strike "FIVE­YEAR PERIOD,";

line 10, after "CONSTRUCTION,", insert "SPECIFYING THE FUND TO WHICH A PORTION OF THE EXCESS REVENUES IS TO BE TRANSFERRED FOR THE STATE CAPITOL BUILDING RENOVATION,".

Page 1, line 108, strike "NEEDS" and substitute "NEEDS, FOR STATE CAPITOL BUILDING RENOVATION,".

Amendment No. 4, by Senator Wattenberg

Strike the Appropriation Committee amendment, as printed in Senate Journal, March 26, page 576, lines 32 through 43.

Amend reengrossed bill, page 4, line 17, after the semicolon, add "AND";

strike lines 18 and 19;

line 20, strike "(c)" and substitute "(b)".

Page 5, strike lines 3 through 22.

Renumber succeeding sections accordingly.

Page 8, strike lines 25 and 26 and substitute the following:

"FISCAL YEARS FOR THE PURPOSE OF FUNDING SCHOOL DISTRICT CAPITAL CONSTRUCTION PROJECTS AND STATE AND LOCAL TRANSPORTATION NEEDS, NOTWITHSTANDING ANY RESTRICTION ON FISCAL YEAR".

Page 9, strike lines 1 and 2;

strikes lines 10 through 12 and substitute the following:

"CONSTRUCTION,".

Page 1, strike lines 108 and 109 and substitute the following:

HB 98-1256

(Cont.)

"NEEDS.".

Amendment No. 5, by Senator Wham

Amend reengrossed bill, page 3, line 2, strike "ARE" and substitute "IS";

line 17, strike "ARE" and substitute "IS".

Page 9, line 2, strike "FISCAL YEAR";

line 3, after "SPENDING,", insert "REVENUES, OR APPROPRIATIONS,";

line 4, strike "CONSTITUTION," and substitute "CONSTITUTION AND THE STATUTORY LIMITATION ON STATE GENERAL FUND APPROPRIATIONS,";

line 8, strike "ACCOUNT" and substitute "FUND".

Amendment No. 6, by Senator Wham

Amend reengrossed bill, page 2, after line 1, insert the following:

"SECTION 1.  Legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:

(a)  SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, WHICH WAS APPROVED BY THE REGISTERED ELECTORS OF THIS STATE IN 1992, LIMITS THE ANNUAL GROWTH OF STATE FISCAL YEAR SPENDING;

(b)  WHEN REVENUES EXCEED THE STATE FISCAL YEAR SPENDING LIMITATION FOR ANY GIVEN FISCAL YEAR, SECTION 20 (7) (d) OF ARTICLE X OF THE STATE CONSTITUTION REQUIRES THAT THE EXCESS REVENUES BE REFUNDED IN THE NEXT FISCAL YEAR UNLESS VOTERS APPROVE A REVENUE CHANGE ALLOWING THE STATE TO KEEP THE REVENUES;

(c)  REVENUES ARE CURRENTLY ESTIMATED TO EXCEED THE STATE FISCAL YEAR SPENDING LIMITATION FOR THE 1997­98 STATE FISCAL YEAR AND AT LEAST THE FOUR SUCCEEDING STATE FISCAL YEARS;

(d)  ESTIMATES ALSO INDICATE THAT THE INFRASTRUCTURE NEEDS OF THE STATE, ESPECIALLY IN THE AREAS OF STATE AND LOCAL TRANSPORTATION AND PUBLIC ELEMENTARY, SECONDARY, AND POSTSECONDARY SCHOOL CAPITAL CONSTRUCTION, SIGNIFICANTLY EXCEED THE AMOUNT OF REVENUES AVAILABLE FOR EXPENDITURE UNDER THE STATE FISCAL YEAR SPENDING LIMITATION FOR THESE PURPOSES IN THE CURRENT AND IN FUTURE FISCAL YEARS;

(e)  WITHOUT AN IMMEDIATE INFUSION OF ADDITIONAL REVENUES TO HELP MEET THESE PRESSING INFRASTRUCTURE NEEDS OF THE STATE, FUNDING FOR THESE INFRASTRUCTURE NEEDS WILL CONTINUE TO BE INSUFFICIENT AND THE CITIZENS OF THE STATE WILL BE FORCED TO CONTINUE TO USE AND RELY UPON INADEQUATE AND DETERIORATING INFRASTRUCTURE THAT ADVERSELY AFFECTS THEIR QUALITY OF LIFE;

(f)  IT IS WITHIN THE LEGISLATIVE PREROGATIVE OF THE GENERAL ASSEMBLY TO DETERMINE THAT IT IS NECESSARY FOR A PORTION OF THE REVENUES ALREADY BEING COLLECTED BY THE STATE UNDER EXISTING LAW BUT WHICH EXCEED THE LIMITATION ON STATE FISCAL YEAR SPENDING TO BE EXPENDED TO HELP ADDRESS THE GROWING INFRASTRUCTURE NEEDS OF THE STATE; AND

(g)  IT IS ALSO WITHIN THE LEGISLATIVE PREROGATIVE OF THE GENERAL ASSEMBLY TO ENACT LEGISLATION SEEKING VOTER APPROVAL TO RETAIN FOR A LIMITED NUMBER OF YEARS A PORTION OF REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING TO BE EXPENDED FOR STATE AND LOCAL TRANSPORTATION NEEDS AND FOR PUBLIC ELEMENTARY, SECONDARY, AND POSTSECONDARY SCHOOL CAPITAL CONSTRUCTION NEEDS.

(2)  THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT:

HB 98-1256

(Cont.)

(a)  SECTION 21 OF ARTICLE V OF THE STATE CONSTITUTION REQUIRES THAT A BILL MUST CONTAIN ONE SUBJECT, WHICH IS CLEARLY EXPRESSED IN ITS TITLE;

(b)  ONE OF THE PURPOSES OF THIS CONSTITUTIONAL MANDATE IS TO MAKE EACH LEGISLATIVE PROPOSAL DEPEND UPON ITS OWN MERITS FOR PASSAGE;

(c)  ANOTHER PURPOSE OF THE SINGLE SUBJECT REQUIREMENT FOR A BILL THAT IS REFERRED TO THE VOTERS FOR APPROVAL IS TO PROTECT THE VOTERS FROM FRAUD AND SURPRISE;

(d)  IN INTERPRETING THE SINGLE SUBJECT REQUIREMENT FOR INITIATED AND REFERRED MEASURES, THE COLORADO SUPREME COURT HAS HELD THAT A MEASURE CONTAINS MORE THAN ONE SUBJECT IF ITS TEXT RELATES TO MORE THAN ONE SUBJECT AND IF THE MEASURE HAS AT LEAST TWO DISTINCT AND SEPARATE PURPOSES WHICH ARE NOT DEPENDENT UPON OR CONNECTED WITH EACH OTHER;

(e)  IT IS THE CONSIDERED JUDGMENT OF THE GENERAL ASSEMBLY THAT HOUSE BILL 98­1256, AS ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY, COMPLIES WITH THE SINGLE SUBJECT REQUIREMENT OF SECTION 21 OF ARTICLE V OF THE STATE CONSTITUTION BECAUSE:

(I)  ALL OF THE PROVISIONS OF THE BILL ARE GERMANE TO THE SINGLE SUBJECT OF THE BILL AS EXPRESSED IN ITS TITLE, WHICH IS THE RETENTION OF A PORTION OF STATE REVENUES IN EXCESS OF THE FISCAL YEAR SPENDING LIMITATION IMPOSED ON THE STATE BY SECTION 20 (7) (a) OF THE STATE CONSTITUTION FOR THE PURPOSE OF FINANCING THE INFRASTRUCTURE NEEDS OF THE STATE;

(II)  THE USE OF EXCESS REVENUES TO FINANCE STATE AND LOCAL TRANSPORTATION NEEDS AND PUBLIC ELEMENTARY, SECONDARY, AND POSTSECONDARY SCHOOL CAPITAL CONSTRUCTION PROJECTS, AS PROVIDED FOR IN THE BILL, CONSTITUTES ONE DISTINCT PURPOSE, WHICH IS THE INVESTMENT OF A PORTION OF THE EXCESS REVENUES IN THE INFRASTRUCTURE NEEDS OF THE STATE;

(III)  THE USE OF EXCESS REVENUES TO FINANCE EACH TYPE OF INFRASTRUCTURE IS CONNECTED TO THE FINANCING OF THE OTHER TYPES OF INFRASTRUCTURE AS IT IS NECESSARY FOR THE GENERAL ASSEMBLY TO PRIORITIZE THE INFRASTRUCTURE NEEDS OF THE STATE, TO BALANCE THE NEED FOR EACH TYPE OF INFRASTRUCTURE AGAINST THE OTHER, AND TO ENSURE THAT THE FINANCING OF THE INFRASTRUCTURE NEEDS OF THE STATE APPROPRIATELY REFLECTS SAID PRIORITY AND BALANCE AS DETERMINED BY THE GENERAL ASSEMBLY;

(IV)  THE REFERRAL OF THE BILL TO VOTERS STATEWIDE FOR APPROVAL DOES NOT PRESENT THE OPPORTUNITY FOR FRAUD OR SURPRISE AS THE BILL AND THE BALLOT QUESTION TO BE SUBMITTED TO THE VOTERS CLEARLY IDENTIFIES THE MAXIMUM AMOUNT OF EXCESS REVENUES TO BE RETAINED FOR A SPECIFIED NUMBER OF YEARS AND THE SPECIFIC INFRASTRUCTURE NEEDS THAT WOULD BE FINANCED BY SUCH EXCESS REVENUES.".

Renumber succeeding sections accordingly.

Amendment No. 7, by Senator Wells

Amend reengrossed bill, page 4, strike lines 25 and 26 and substitute the following:

"BE ALLOCATED IN THE FOLLOWING PERCENTAGES:

(a)  FORTY-FOUR AND FIVE­TENTHS PERCENT OF THE REVENUES FROM THE STATE EXCESS REVENUE TRUST FUND TO THE HIGHWAY USERS TAX FUND CREATED IN SECTION 43­4­201 (1) (a), C.R.S.;

HB 98-1256

(Cont.)

(b)  THIRTY-THREE AND THREE­TENTHS PERCENT OF THE REVENUES FROM THE STATE EXCESS REVENUE TRUST FUND TO THE SCHOOL CONSTRUCTION AND RENOVATION FUND CREATED IN SECTION 22­43.7­103, C.R.S., AS ENACTED BY HOUSE BILL 98­1231, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY; AND

(c)  TWENTY-TWO AND TWO-TENTHS PERCENT OF THE REVENUES FROM THE STATE EXCESS REVENUE TRUST FUND TO THE HIGHER EDUCATION ACCOUNT OF THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24­75­302.".

Page 5, strike lines 1 and 2.

Page 9, strike lines 6 and 7 and substitute the following:

"EXCESS REVENUES FOR THESE PURPOSES, SPECIFYING THE ALLOCATION OF REVENUES FOR THESE PURPOSES OVER A".

Amendment No. 8, by Senator Wham

Amend the Finance Committee amendment, as printed in Senate Journal, March 6, strike line 37 and substitute the following:

"Amend reengrossed bill, page 6, line 8, after the period, add "OF THE REVENUES PAID TO COUNTY TREASURERS OF THE RESPECTIVE COUNTIES PURSUANT TO THIS PARAGRAPH (b), NO MORE THAN FIVE PERCENT SHALL BE EXPENDED FOR ADMINISTRATIVE COSTS.";

line 12, after the period, add "OF THE REVENUES PAID TO THE CITIES AND INCORPORATED TOWNS PURSUANT TO THIS PARAGRAPH (c), NO MORE THAN FIVE PERCENT SHALL BE EXPENDED FOR ADMINISTRATIVE COSTS.";

strike lines 13 and 14 and substitute the";

line 51 of the committee amendment, strike "DEPARTMENT."." and substitute "DEPARTMENT. OF THE REVENUES CREDITED TO THE STATE HIGHWAY FUND PURSUANT TO SECTION 43­4­205 (6.7), NO MORE THAN FIVE PERCENT SHALL BE EXPENDED FOR ADMINISTRATIVE COSTS.".".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see page 658, where the Phillips amendment to the Report of the Committee of the Whole was adopted, page 658, where the Ament amendment to the Report of the Committee of the Whole was adopted and page 658, where the Feeley amendment to the Report of the Committee of the Whole was adopted and HB 98-1256 as amended, was laid over until the General Orders calendar of Tuesday, March 31.)

The following bills on the Special Orders calendar of Monday, March 30, were laid over until the General Orders calendar of Tuesday, March 31, retaining their place on the calendar:

SCR 98-4; HB 98-1228, 98-1152; SB 98-26, 98-120, 98-180, 98-166, 98-170, 98-177, 98-30; HB 98-1159, 98-1325, 98-1395, 98-1306.

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 98-1065 by Rep. McElhany; Sen. Lamborn--Eliminate Sales Tax On Phone Services

Senator Mutzebaugh moved to amend the Report of the Committee of the Whole to show that HB 98-1065 was amended by the Appropriations Committee Amendment.

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


YES 9

NO 25

EXCUSED 1

ABSENT 0

Alexander
N
Feeley
N
Mutzebaugh
YE
Tanner
N

Ament
Y
Hernandez
N
Pascoe
E
Tebedo
Y

Arnold
Y
Hopper
N
Perlmutter
Y
Thiebaut
N

Bishop
NY
Johnson
N
Phillips
N
Wattenberg
N

Blickensderfer
Y
Lacy
N
Powers
Y
Weddig
N

Chlouber
N
Lamborn
N
Reeves
N
Wells
N

Coffman
Y
Linkhart
N
Rizzuto
N
Wham
N

Congrove
Y
Martinez
N
Rupert
N
Mr. President
N

Dennis
N
Matsunaka
N
Schroeder
N

ROLL CALL VOTE ON HB 98-1065

HB 98-1065 by Rep. McElhany; Sen. Lamborn--Eliminate Sales Tax On Phone Services

On the request of Senator Feeley, the President ordered a roll call vote on HB 98-1065.


YES 26

NO 8

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
N
Mutzebaugh
YE
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
E
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
N

Chlouber
Y
Lamborn
Y
Reeves
N
Wells
Y

Coffman
Y
Linkhart
N
Rizzuto
Y
Wham
N

Congrove
Y
Martinez
N
Rupert
N
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE

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

Senator Phillips moved to amend the Report of the Committee of the Whole to show that the Schroeder floor amendment to HB 98-1256 as amended, as printed in Senate Journal, March 30, page 651, lines 47 through 57 did not pass and that the Senate Finance Committee amendment did pass.

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

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

Senator Ament moved to amend the Report of the Committee of the Whole to show that the Rupert amendment to HB 98-1256 as amended, as printed in Senate Journal, March 30, page 651, line 60 through page 654, line 43, did not pass.

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

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

Senator Feeley moved to amend the Report of the Committee of the Whole to show that HB 98-1256 as amended, was laid over until the General Orders calendar of Tuesday, March 31.

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

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

HB 98-1065, declared passed on Second Reading.

HB 98-1165 as amended, declared passed on Second Reading.

SCR 98-4; HB 98-1228, 98-1152; SB 98-26, 98-120, 98-180, 98-166, 98-170, 98-177, 98-30; HB 98-1159, 98-1325, 98-1395, 98-1306, laid over until the General Orders calendar of Tuesday, March 31, retaining their place on the calendar.

HB 98-1256 as amended, laid over until the General Orders calendar of Tuesday, March 31, retaining its place on the calendar.

THIRD READING OF BILLS--FINAL PASSAGE

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

HB 98-1005 by Rep. Spradley; Sen. Blickensderfer--Reduction Of Property Taxes

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

Third Reading Amendment No. 1, by Senator Lamborn

Amend revised bill, page 4, strike lines 25 through 26.

Page 5, strike lines 1 through 15.

Renumber succeeding sections accordingly.

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 24

NO 11

EXCUSED 0

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
YE
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
Y
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, as amended, was declared PASSED.

Co-sponsors added: Alexander, Arnold, Bishop, Chlouber, Dennis, Lacy, Lamborn,

Powers, Rizzuto, Schroeder, Tebedo, Wattenberg.

HB 98-1128 by Rep. May; Senator Ament--Motor Vehicle Sales Transactions

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

Amend revised bill, page 14, strike lines 2 through 7, and substitute the following:

"(3), C.R.S., as off­highway vehicles; however, the licensee shall disclose IN WRITING to all parties prior to any such negotiation for the sale, exchange, or lease of a motor vehicle not owned by the licensee the amount of WHETHER THE LICENSEE WILL RECEIVE any compensation to be received by the licensee from the consumer and WHETHER THE LICENSEE WILL RECEIVE ANY COMPENSATION FROM the owner of the motor vehicle as a result of such transaction. PRIOR TO COMPLETION OF SUCH SALE, EXCHANGE, OR LEASE OF A MOTOR VEHICLE NOT OWNED BY THE LICENSEE, THE LICENSEE SHALL DISCLOSE IN WRITING TO ALL PARTIES THE AMOUNT OF THE COMPENSATION TO BE RECEIVED FROM THE CONSUMER AND THE AMOUNT OF COMPENSATION TO BE RECEIVED FROM THE OWNER OF THE MOTOR VEHICLE AS A RESULT OF SUCH TRANSACTION. This form of license shall permit not more than two persons".

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

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

HB 98-1128 Third Reading Amendment No. 2, by Senator Ament

(Cont.)

Amend the Wells floor amendment, page 659, line 52, strike "IN WRITING".

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

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


YES 26

NO 9

EXCUSED 0

ABSENT 0

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
N
Phillips
N
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
N

Chlouber
Y
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
N
Rizzuto
N
Wham
Y

Congrove
N
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 PASSED.

MESSAGE FROM THE HOUSE

March 30, 1998

Mr. President:

The House failed to pass SB98-157 on Second Reading. The bill is returned herewith.

The House has voted to authorize the House conferees on the First Conference Committee on SB98-171 to consider matters not at issue between the two houses.

COMMITTEE OF REFERENCE REPORT

Agriculture, After consideration on the merits, the committee recommends that SB 98-188 be

Natural amended as follows and, as so amended be referred to the Committee of the Whole with

Resources favorable recommendation:

and Energy

Amend printed bill, page 2, line 17, strike "(1)." and substitute "(2).";

strike lines 22 through 26 and substitute the following:

"SECTION 4.  35-57.8-103, Colorado Revised Statutes, is amended to read:

35­57.8­103.  Legislative declaration - Colorado horse development authority - creation. (1)  THE GENERAL ASSEMBLY HEREBY DECLARES THAT IT IS IN THE PUBLIC INTEREST AND WELFARE THAT OWNERS OF HORSES BE AUTHORIZED AND ENCOURAGED TO ACT JOINTLY AND IN COOPERATION IN STIMULATING, BY RESEARCH, EDUCATION, ADVERTISING, AND OTHER METHODS, THE PROMOTION OF THE HORSE INDUSTRY IN THE STATE. IT IS THE INTENT AND PURPOSE OF THIS ARTICLE TO AUTHORIZE AND PROVIDE A METHOD AND PROCEDURE FOR EFFECTIVELY CORRELATING AND ENCOURAGING THE PROMOTION OF HORSES AND THE FINANCING THEREOF PURSUANT TO THE POWERS OF THE GENERAL ASSEMBLY AS AUTHORIZED BY LAW. IT IS FURTHER DECLARED THAT THE HORSE HAS A LONG ESTABLISHED RELATIONSHIP WITH THE CITIZENS OF COLORADO AND THEREFORE THE STATE IS AFFECTED WITH A PUBLIC INTEREST TO ENSURE THE CONTINUATION OF A STABLE AND EXPANDING HORSE INDUSTRY BY ESTABLISHING POLICIES CONCERNING HORSE PROMOTION IN THIS STATE AND BY EDUCATING THE PUBLIC CONCERNING THE HEALTH, CARE, AND WELFARE OF HORSES.

(1) (2)  There is hereby created the Colorado horse development board AUTHORITY that is a body corporate and a political subdivision of the state. The board AUTHORITY is not an agency of state government and is not subject to administrative direction by any state agency except:

SB 98-188

(Cont.)

(a)  As provided in this article;

(b)  For purposes of the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.;

(c)  For purposes of inclusion in the risk management fund and the self­insured property fund and by the department of personnel pursuant to part 15 of article 30 of title 24, C.R.S.".

Page 3, strike lines 1 through 6 and substitute the following:

" SECTION 5.  35-57.8-104, Colorado Revised Statutes, is amended to read:";

line 8, after "(1)" insert "(a)";

after line 11, insert the following:

"(a)(I)  Five representatives of five different horse organizations in this state;

(b)(II)  One representative of a state horse show association;

(c)(III)  One representative of a state veterinary association;

(d)(IV)  One representative of a university equine extension service;

(e)(V)  Two representatives of an organization that operates statewide to promote and protect the interests of horses and that represents all types of horse uses and horse breeds;

(f)(VI)  Four representatives of horse industry support services.

(b)  AT LEAST TWO REPRESENTATIVES SHALL BE FROM THE WESTERN SLOPE.".

Page 5, strike lines 10 through 15 and substitute the following:

"(2)  THE ASSESSMENT SHALL BE DIRECTLY DEPOSITED BY THE LIVESTOCK INSPECTORS INTO AN ACCOUNT SPECIFIED BY THE COLORADO HORSE DEVELOPMENT AUTHORITY BOARD. THE STATE BOARD OF STOCK INSPECTION COMMISSIONERS IS AUTHORIZED TO BILL THE COLORADO HORSE DEVELOPMENT AUTHORITY A FEE COLLECTED PURSUANT TO AGREEMENT BETWEEN THE STATE BOARD OF STOCK INSPECTION COMMISSIONERS AND THE COLORADO HORSE DEVELOPMENT BOARD. SUCH FEE SHALL NOT EXCEED TEN".

Page 6, line 6, strike "PROMPT";

line 7, strike "BOARD;" and substitute "BOARD WITHIN A REASONABLE TIME;";

strike lines 10 through 12;

line 14, strike "IMMEDIATE" and substitute "A";

line 16, strike "PROMPTLY";

line 24, strike "ALL";

strike lines 25 and 26.

Page 7, line 1, strike "AVAILABLE FOR AUDIT BY THE BOARD.".

Page 8, strike lines 19 through 26 and substitute the following:

"SECTION 10.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

Page 9, strike line 1.

INTRODUCTION OF BILLS

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

HB 98-1401 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--To provide for the payment of the expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 1998, except as otherwise noted.

Appropriations

HB 98-1402 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--Concerning an increase in the transfer of moneys from the general fund to the capital construction fund.

Appropriations

INTRODUCTION OF RESOLUTION

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

HJR 98-1017 by Representative May and Schauer; also Senator Powers-- Concerning the requthorization of the federal highway program.

Transportation

______________________________

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, March 30, was laid over until Tuesday, March 31, retaining its place on the calendar.

______________________________

On motion of Senator Wells, the Senate adjourned until 9:01a.m., Tuesday,

March 31, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate