Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Reverend Glen E. Hamlyn.
Roll Call Present--Total, 32.
Absent/Excused--Perlmutter--Total, 1.
Absent--Blickensderfer, Lacy--Total, 2.
Present later--Blickensderfer, Lacy, Perlmutter.
Quorum The President announced a quorum present.
Reading of On motion of Senator Chlouber, reading of the Journal of April 30 was dispensed with
Journal and the Journal stands approved as corrected
by the Secretary.
SENATE SERVICES REPORT
Senate Correctly engrossed: SB 98-199, 201; SCR 98-13.
Services
Correctly revised: HB 98-1169, 1183, 1202, 1231,
1403.
To the governor for signature on Friday, May 1, 1998, at 8:57 a.m.:
SB 98-23, 52, 85.
SIGNING OF BILLS
The President has signed: HB98-1358, 1390, and
1394.
SIGNING OF MEMORIAL
The President has signed: HJM98-1001.
COMMITTEE OF REFERENCE REPORTS
Judiciary The Committee on Judiciary has had under
consideration and has had a hearing on the following appointments
and recommends that the appointments be confirmed:
STATE BOARD OF PAROLE
effective July 1, 1997 for a term expiring July 1,
1999:
That Allan F. Stanley of Littleton, Colorado, to
serve as a representative of Law Enforcement and to fill a vacancy
occasioned by the resignation of John R. Enright;
effective August 11, 1997 for a term expiring July
1, 2000:
That Larry J. Schwarz of Wetmore, Colorado, to serve
as a citizen member.
Education The Committee on Education has had under
consideration and has had a hearing on the following appointment
and recommends that the appointment be confirmed:
STATE BOARD OF AGRICULTURE
for a term expiring the third Wednesday of January, 1999:
Cole P. Finegan of Denver, Colorado, to fill a vacancy occasioned by the resignation of John P. Scully, appointed.
INTRODUCTION OF RESOLUTION
The following resolution was read by title:
HJR 98-1040 by Representatives Schauer, Agler, Allen, Anderson, Arrington, Grampsas, Kreutz, McPherson, Pankey, Pfiffner, Sullivant, Tucker, and S. Williams; also Senators Hopper, Blickensderfer, Coffman, Feeley, Lacy, Mutzebaugh, Perlmutter, Schroeder, and Weddig--Honoring Congressman Daniel L. Schaefer for his twenty-five years of dedicated public service to the citizens of the state of Colorado.
(Printed in House Journal, April 16, pages 1358-1360.)
Laid over one day under Senate Rule 30(e), and placed
on the calendar of Monday, May 4.
______________________________
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 98-17.
______________________________
CONSIDERATION OF RESOLUTION
SJR 98-017 by Sen. Weddig; Rep. Hagedorn--Aurora
Hinkley High School Basketball
On motion of Senator Weddig, the Resolution was ADOPTED by the following roll call vote:
YES 34 | NO 0 | EXCUSED 0 | ABSENT 1 | ||||
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 | A | 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,
Chlouber, Congrove, Dennis, Hernandez, Hopper, Johnson, Lamborn,
Linkhart, Matsunaka, Mutzebaugh, Norton, Pascoe, Perlmutter, Phillips,
Powers, Reeves, Rizzuto, Rupert, Schroeder, Tanner, Tebedo, Thiebaut,
Wattenberg, Wells, Wham.
THIRD READING OF BILLS--FINAL PASSAGE
On Third Reading, the titles of the following bills
were publicly read, the reading at length having been dispensed
with by unanimous consent:
SB 98-199 by Sen. Ament; Rep. Musgrave--P.O.S.T.
Certification For Sheriffs
A majority of those elected to the Senate having
voted in the affirmative, Senator Ament was given permission to
offer a third Reading amendment.
Third Reading Amendment No. 1, by Senator Ament
Amend engrossed bill, page 4, strike lines 3 through
26.
Page 5, strike lines 1 and 2.
Renumber succeeding sections accordingly.
A majority of all members elected to the Senate having
voted in the affirmative, the amendment was adopted.
SB 98-199 The question being "Shall the bill, as amended, pass?" the roll was called with the
(Cont.) following result:
YES 28 | NO 7 | EXCUSED 0 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | YE | Tanner | N |
Ament | Y | Hernandez | N | 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 | 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.
SB 98-201 by Sen. Ament; Rep. Entz--Denver Basin
Aquifer Well Pumping
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 |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsor added: Bishop
HB 98-1183 by Rep. Gordon; Sen. Mutzebaugh--Child
Custody
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 | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | N | Hopper | N | Perlmutter | Y | Thiebaut | Y |
Bishop | N | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
N | Lacy | N | Powers | Y | Weddig | Y |
Chlouber | N | Lamborn | Y | Reeves | Y | Wells | N |
Coffman | N | Linkhart | Y | Rizzuto | Y | Wham | N |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | N | Matsunaka | Y | Schroeder | N |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsor added: Matsunaka
HB 98-1202 by Rep. May; Sen. Powers--Highway Construction
Funding
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 |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsor added: Lamborn
HB 98-1231 by Rep. Tool; Senator J. Johnson--School
District Capital Construction
The question being "Shall the bill pass?" the roll was called with the following result:
YES 29 | NO 6 | EXCUSED 0 | 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 | N | 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 was declared PASSED.
Co-sponsors added: Feeley, Hernandez, Hopper, Martinez,
Matsunaka, Phillips, Reeves, Wham.
HB 98-1403 by Rep. George; Senator Wham--Capital
Development Comm Appointments
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 |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
HB 98-1169 by Rep. Agler; Senator Ament--Alternative
Fuels Incentives
A majority of those elected to the Senate having
voted in the affirmative, Senator Ament was given permission to
offer a third Reading amendment.
Third Reading Amendment No. 1, by Senator Ament
Amend revised bill, page 9, line 25, strike the second
"JANUARY" and substitute "JULY".
Page 11, line 10, strike "2006." and substitute
"2011.".
Page 18, line 21, strike "ONE HUNDRED EIGHTY
DAYS AFTER" and substitute "UPON";
line 24, strike "2006." and substitute
"2007.".
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 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 |
A majority of all members elected to the Senate having voted in the affirmative, the bill, as amended, was declared PASSED.
HB 98-1169 Co-sponsors added: Bishop, Hernandez, Pascoe, Perlmutter, Tebedo.
(Cont.)
SCR 98-13 by Sen. Hopper; Rep. Grampsas--Create City
and County of Broomfield
Call of Call of Senate.
Senate
Call Raised.
The question being "Shall the concurrent resolution pass?" the roll was called with the following result:
YES 24 | NO 11 | 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 | N | Thiebaut | Y |
Bishop | N | Johnson | N | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | N | Powers | N | Weddig | N |
Chlouber | N | Lamborn | N | Reeves | N | Wells | Y |
Coffman | N | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A Constitutional two-thirds majority of all members elected to
the Senate having voted in the affirmative, the concurrent resolution
was declared PASSED.
BY SENATORS Hopper, Arnold, Congrove, Martinez, and Phillips;
also REPRESENTATIVE Grampsas.
SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE
OF COLORADO AN AMENDMENT TO ARTICLE XX OF THE CONSTITUTION OF
THE STATE OF COLORADO, CONCERNING THE CREATION OF THE CITY AND
COUNTY OF BROOMFIELD.
Be It Resolved by the Senate of the Sixtyfirst
General Assembly of the State of Colorado, the House of Representatives
concurring herein:
SECTION 1. At
the next election at which such question may be submitted, there
shall be submitted to the registered electors of the state of
Colorado, for their approval or rejection, the following amendment
to the constitution of the state of Colorado, to wit:
Article XX of the constitution of the state of Colorado
is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:
Section 10. City and county of
Broomfield created. THE
CITY OF BROOMFIELD IS A PREEXISTING MUNICIPAL CORPORATION AND
HOME RULE CITY OF THE STATE OF COLORADO, PHYSICALLY SITUATED IN
PARTS OF ADAMS, BOULDER, JEFFERSON, AND WELD COUNTIES. ON AND
AFTER NOVEMBER 15, 2001, ALL TERRITORY IN THE MUNICIPAL BOUNDARIES
OF THE CITY OF BROOMFIELD SHALL BE DETACHED FROM THE COUNTIES
OF ADAMS, BOULDER, JEFFERSON, AND WELD AND SHALL BE CONSOLIDATED
INTO A SINGLE COUNTY AND MUNICIPAL CORPORATION WITH THE NAME "THE
CITY AND COUNTY OF BROOMFIELD". PRIOR TO NOVEMBER 15,
2001, THE CITY OF BROOMFIELD SHALL NOT EXTEND ITS BOUNDARIES BEYOND
THE ANNEXATION BOUNDARY MAP APPROVED BY THE BROOMFIELD CITY COUNCIL
ON APRIL 28, 1998, AS AN AMENDMENT TO THE CITY OF BROOMFIELD
1995 MASTER PLAN. THE EXISTING CHARTER OF THE SAID CITY OF BROOMFIELD
SHALL BECOME THE CHARTER OF THE CITY AND COUNTY OF BROOMFIELD.
SCR 98-13
(Cont.)
THE CITY AND COUNTY OF BROOMFIELD SHALL HAVE PERPETUAL
SUCCESSION; SHALL OWN, POSSESS, AND HOLD ALL REAL AND PERSONAL
PROPERTY, INCLUDING WATER RIGHTS, THE RIGHT TO USE WATER, AND
CONTRACTS FOR WATER, CURRENTLY OWNED, POSSESSED, OR HELD BY THE
SAID CITY OF BROOMFIELD; SHALL ASSUME, MANAGE, AND DISPOSE OF
ALL TRUSTS IN ANY WAY CONNECTED THEREWITH; SHALL SUCCEED TO ALL
THE RIGHTS AND LIABILITIES OF, SHALL ACQUIRE ALL BENEFITS OF,
AND SHALL ASSUME AND PAY ALL BONDS, OBLIGATIONS, AND INDEBTEDNESS
OF SAID CITY OF BROOMFIELD AND ITS PROPORTIONATE SHARE OF THE
GENERAL OBLIGATION INDEBTEDNESS AND, AS PROVIDED BY INTERGOVERNMENTAL
AGREEMENT, ITS PROPORTIONATE SHARE OF REVENUE BOND OBLICATIONS
OF THE COUNTIES OF ADAMS, BOULDER, JEFFERSON, AND WELD ON AND
AFTER NOVEMBER 15, 2001.
THE CITY AND COUNTY OF BROOMFIELD MAY SUE AND DEFEND,
PLEAD, AND BE IMPLEADED IN ALL COURTS AND IN ALL MATTERS AND PROCEEDINGS;
MAY HAVE AND USE A COMMON SEAL AND ALTER THE SAME AT PLEASURE;
MAY GRANT FRANCHISES; MAY PURCHASE, RECEIVE, HOLD, AND ENJOY,
OR SELL AND DISPOSE OF REAL AND PERSONAL PROPERTY; MAY RECEIVE
BEQUESTS, GIFTS, AND DONATIONS OF REAL AND PERSONAL PROPERTY,
OR REAL AND PERSONAL PROPERTY IN TRUST FOR PUBLIC, CHARITABLE,
OR OTHER PURPOSES, AND DO ALL THINGS AND ACTS NECESSARY TO CARRY
OUT THE PURPOSES OF SUCH GIFTS, BEQUESTS, DONATIONS, AND TRUSTS
WITH POWER TO MANAGE, SELL, LEASE, OR OTHERWISE DISPOSE OF THE
SAME IN ACCORDANCE WITH THE TERMS OF THE GIFT, BEQUEST, DONATION,
OR TRUST.
THE CITY AND COUNTY OF BROOMFIELD SHALL HAVE THE
POWER WITHIN AND WITHOUT ITS TERRITORIAL LIMITS TO CONSTRUCT,
CONDEMN, PURCHASE, ACQUIRE, LEASE, ADD TO, MAINTAIN, CONDUCT,
AND OPERATE WATER WORKS, WATER SUPPLIES, SANITARY SEWER FACILITIES,
STORM WATER FACILITIES, PARKS, RECREATION FACILITIES, OPEN SPACE
LANDS, LIGHT PLANTS, POWER PLANTS, HEATING PLANTS, ELECTRIC AND
OTHER ENERGY FACILITIES AND SYSTEMS, GAS FACILITIES AND SYSTEMS,
TRANSPORTATION SYSTEMS, CABLE TELEVISION SYSTEMS, TELECOMMUNICATION
SYSTEMS, AND OTHER PUBLIC UTILITIES OR WORKS OR WAYS LOCAL IN
USE AND EXTENT, IN WHOLE OR IN PART, AND EVERYTHING REQUIRED THEREFOR,
FOR THE USE OF SAID CITY AND COUNTY AND THE INHABITANTS THEREOF;
TO PURCHASE IN WHOLE OR IN PART ANY SUCH SYSTEMS, PLANTS, WORKS,
FACILITIES, OR WAYS, OR ANY CONTRACTS IN RELATION OR CONNECTION
THERETO THAT MAY EXIST, AND MAY ENFORCE SUCH PURCHASE BY PROCEEDINGS
AT LAW AS IN TAKING LAND FOR PUBLIC USE BY RIGHT OF EMINENT DOMAIN;
AND TO ISSUE BONDS IN ACCORDANCE WITH ITS CHARTER IN ANY AMOUNT
NECESSARY TO CARRY OUT ANY SAID POWERS OR PURPOSES, AS THE CHARTER
MAY PROVIDE AND LIMIT. THE CITY AND COUNTY OF BROOMFIELD SHALL
HAVE ALL OF THE POWERS OF ITS CHARTER AND SHALL HAVE ALL OF THE
POWERS SET OUT IN SECTION 6 OF THIS ARTICLE, INCLUDING THE POWER
TO MAKE, AMEND, ADD TO, OR REPLACE ITS CHARTER AS SET FORTH IN
SECTION 9 OF THIS ARTICLE. THE CHARTER PROVISIONS AND PROCEDURES
SHALL SUPERSEDE ANY CONSTITUTIONAL OR STATUTORY LIMITATIONS AND
PROCEDURES REGARDING FINANCIAL OBLIGATIONS. THE CITY AND COUNTY
OF BROOMFIELD SHALL HAVE ALL POWERS CONFERRED TO HOME RULE MUNICIPALITIES
AND TO HOME RULE COUNTIES BY THE CONSTITUTION AND GENERAL LAWS
OF THE STATE OF COLORADO THAT ARE NOT INCONSISTENT WITH THE CONSTITUTIONAL
PROVISIONS CREATING THE CITY AND COUNTY OF BROOMFIELD.
PRIOR TO NOVEMBER 15, 2001, THE CHARTER AND ORDINANCES
OF THE CITY OF BROOMFIELD SHALL GOVERN ALL LOCAL AND MUNICIPAL
MATTERS OF THE CITY. ON AND AFTER NOVEMBER 15, 2001, THE CONSTITUTIONAL
PROVISIONS CREATING AND GOVERNING THE CITY AND COUNTY OF BROOMFIELD,
THE CITY AND COUNTY CHARTER ADOPTED IN ACCORDANCE WITH THESE CONSTITUTIONAL
PROVISIONS, AND THE ORDINANCES EXISTING AND ADOPTED FROM TIME
TO TIME SHALL GOVERN ALL LOCAL AND MUNICIPAL MATTERS OF THE CITY
AND COUNTY OF BROOMFIELD.
ON AND AFTER NOVEMBER 15, 2001, THE REQUIREMENTS
OF SECTION 3 OF ARTICLE XIV OF THIS CONSTITUTION AND THE GENERAL
ANNEXATION AND CONSOLIDATION STATUTES OF THE STATE RELATING TO
COUNTIES SHALL APPLY TO THE CITY AND COUNTY OF BROOMFIELD. ON
AND AFTER NOVEMBER 15, 2001, ANY CONTIGUOUS
TERRITORY, TOGETHER WITH ALL PROPERTY BELONGING THERETO, HEREAFTER
ANNEXED TO OR CONSOLIDATED WITH THE CITY AND COUNTY OF BROOMFIELD
UNDER ANY LAWS OF THIS STATE, IN WHATSOEVER COUNTY THE SAME MAY
BE AT THE TIME, SHALL BE DETACHED FROM SUCH OTHER COUNTY AND BECOME
A MUNICIPAL AND TERRITORIAL PART OF THE CITY AND COUNTY OF
BROOMFIELD.
SCR 98-13
(Cont.)
ON AND AFTER NOVEMBER 15, 2001, NO ANNEXATION
OR CONSOLIDATION PROCEEDING SHALL BE INITIATED PURSUANT TO THE
GENERAL ANNEXATION AND CONSOLIDATION STATUTES OF THE STATE TO
ANNEX LANDS TO OR CONSOLIDATE LANDS WITH THE CITY AND COUNTY OF
BROOMFIELD UNTIL SUCH PROPOSED ANNEXATION OR CONSOLIDATION IS
FIRST APPROVED BY A MAJORITY VOTE OF A SEVENMEMBER BOUNDARY
CONTROL COMMISSION. THE BOUNDARY CONTROL COMMISSION SHALL BE COMPOSED
OF ONE COMMISSIONER FROM EACH OF THE BOARDS OF COMMISSIONERS OF
ADAMS, BOULDER, JEFFERSON, AND WELD COUNTIES, RESPECTIVELY, AND
THREE ELECTED OFFICIALS OF THE CITY AND COUNTY OF BROOMFIELD.
THE COMMISSIONERS FROM EACH OF THE SAID COUNTIES SHALL BE APPOINTED
BY RESOLUTION OF THE RESPECTIVE COUNTY BOARDS OF COMMISSIONERS.
THE THREE ELECTED OFFICIALS FROM THE CITY AND COUNTY OF BROOMFIELD
SHALL BE APPOINTED BY THE MAYOR OF THE CITY AND COUNTY OF BROOMFIELD.
THE BOUNDARY CONTROL COMMISSION SHALL ADOPT ALL ACTIONS, INCLUDING
ACTIONS REGARDING PROCEDURAL RULES, BY MAJORITY VOTE. EACH MEMBER
OF THE BOUNDARY CONTROL COMMISSION SHALL HAVE ONE VOTE, INCLUDING
THE COMMISSIONER WHO ACTS AS CHAIRPERSON OF THE COMMISSION. THE
COMMISSION SHALL FILE ALL PROCEDURAL RULES ADOPTED BY THE COMMISSION
WITH THE SECRETARY OF STATE.
Section 11. Officers city
and county of Broomfield. THE
OFFICERS OF THE CITY AND COUNTY OF BROOMFIELD SHALL BE AS PROVIDED
FOR BY ITS CHARTER OR ORDINANCES. THE JURISDICTION, TERM OF OFFICE,
AND DUTIES OF SUCH OFFICERS SHALL COMMENCE ON NOVEMBER 15, 2001.
THE QUALIFICATIONS AND DUTIES OF ALL SUCH OFFICERS SHALL BE AS
PROVIDED FOR BY THE CITY AND COUNTY CHARTER AND ORDINANCES, BUT
THE ORDINANCES SHALL DESIGNATE THE OFFICERS WHO SHALL PERFORM
THE ACTS AND DUTIES REQUIRED OF COUNTY OFFICERS PURSUANT TO THIS
CONSTITUTION OR THE GENERAL LAWS OF THE STATE OF COLORADO, AS
FAR AS APPLICABLE. ALL COMPENSATION FOR ELECTED OFFICIALS SHALL
BE DETERMINED BY ORDINANCE AND NOT BY STATE STATUTE. IF ANY ELECTED
OFFICER OF THE CITY AND COUNTY OF BROOMFIELD SHALL RECEIVE ANY
COMPENSATION, SUCH OFFICER SHALL RECEIVE THE SAME AS A STATED
SALARY, THE AMOUNT OF WHICH SHALL BE FIXED BY ORDINANCE WITHIN
LIMITS FIXED BY THE CITY AND COUNTY CHARTER OR BY RESOLUTION APPROVING
THE CITY AND COUNTY BUDGET AND PAID IN EQUAL MONTHLY PAYMENTS.
NO ELECTED OFFICER SHALL RECEIVE ANY INCREASE OR DECREASE IN COMPENSATION
UNDER ANY ORDINANCE OR RESOLUTION PASSED DURING THE TERM FOR WHICH
SUCH OFFICER WAS ELECTED.
SCR 98-13
(Cont.)
Section 12. Transfer of government. UPON
THE CANVASS OF THE VOTE SHOWING THE ADOPTION OF THE CONSTITUTIONAL
PROVISIONS CREATING AND GOVERNING THE CITY AND COUNTY OF BROOMFIELD,
THE GOVERNOR SHALL ISSUE A PROCLAMATION ACCORDINGLY, AND, ON AND
AFTER NOVEMBER 15, 2001, THE CITY OF BROOMFIELD AND THOSE PARTS
OF THE COUNTIES OF ADAMS, BOULDER, JEFFERSON, AND WELD INCLUDED
IN THE BOUNDARIES OF SAID CITY SHALL BE CONSOLIDATED INTO THE
CITY AND COUNTY OF BROOMFIELD. THE DUTIES AND TERMS OF OFFICE
OF ALL OFFICERS OF ADAMS, BOULDER, JEFFERSON, AND WELD COUNTIES
SHALL NO LONGER BE APPLICABLE TO AND SHALL TERMINATE WITH REGARD
TO THE CITY AND COUNTY OF BROOMFIELD. ON AND AFTER NOVEMBER 15,
2001, THE TERMS OF OFFICE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF BROOMFIELD SHALL TERMINATE WITH REGARD TO THE CITY OF
BROOMFIELD AND SAID MAYOR AND CITY COUNCIL SHALL BECOME THE MAYOR
AND CITY COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD. THE CITY
COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD, IN ADDITION TO PERFORMING
THE DUTIES PRESCRIBED IN THE CITY AND COUNTY CHARTER AND ORDINANCES,
SHALL PERFORM THE DUTIES OF A BOARD OF COUNTY COMMISSIONERS OR
MAY DELEGATE CERTAIN DUTIES TO VARIOUS BOARDS AND COMMISSIONS
APPOINTED BY THE CITY COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD.
THE CITY AND COUNTY OF BROOMFIELD SHALL BE A SUCCESSOR DISTRICT
OF THE CITY OF BROOMFIELD UNDER SECTION 20 OF ARTICLE X OF THIS
CONSTITUTION. ANY VOTER APPROVAL GRANTED THE CITY OF BROOMFIELD
UNDER SECTION 20 OF ARTICLE X OF THIS CONSTITUTION PRIOR TO NOVEMBER
15, 2001, SHALL BE CONSIDERED VOTER APPROVAL UNDER SAID SECTION
FOR THE CITY AND COUNTY OF BROOMFIELD. THE CITY AND COUNTY OF
BROOMFIELD SHALL HAVE THE POWER TO CONTINUE TO IMPOSE AND COLLECT
SALES, USE, AND PROPERTY TAXES THAT WERE IMPOSED BY THE CITY OF
BROOMFIELD AND THE COUNTIES OF ADAMS, BOULDER, JEFFERSON, AND
WELD WITHIN THE AREAS WHERE SAID TAXES WERE IMPOSED ON NOVEMBER
14, 2001, UNTIL THE VOTERS OF THE CITY AND COUNTY OF BROOMFIELD
APPROVE UNIFORM SALES, USE, AND PROPERTY TAXES WITHIN THE CITY
AND COUNTY OF BROOMFIELD OR APPROVE INCREASED SALES, USE, OR PROPERTY
TAXES WITHIN THE CITY AND COUNTY OF BROOMFIELD. ANY VIOLATION
OF ANY CRIMINAL STATUTES OF THE STATE OF COLORADO OCCURRING ON
OR BEFORE NOVEMBER 14, 2001, SHALL CONTINUE TO BE PROSECUTED WITHIN
THE COUNTY WHERE THE VIOLATION ORIGINALLY OCCURRED.
Section 13. Sections
selfexecuting - appropriations. SECTIONS
10 THROUGH 13 OF THIS ARTICLE SHALL BE IN ALL RESPECTS
SELFEXECUTING AND SHALL BE CONSTRUED SO AS TO SUPERSEDE
ANY CONFLICTING CONSTITUTIONAL OR STATUTORY PROVISION THAT WOULD
OTHERWISE IMPEDE THE CREATION OF THE CITY AND COUNTY OF BROOMFIELD
OR LIMIT ANY OF THE PROVISIONS OF THOSE SECTIONS. EXCEPT AS OTHERWISE
PROVIDED IN SECTIONS 10 THROUGH 13, SAID SECTIONS SHALL
BE EFFECTIVE ON AND AFTER NOVEMBER 15, 2001. AFTER THE ADOPTION
OF THE CONSTITUTIONAL PROVISIONS CREATING AND GOVERNING THE CITY
AND COUNTY OF BROOMFIELD, THE GENERAL ASSEMBLY MAY APPROPRIATE
FUNDS, IF NECESSARY, IN COOPERATION WITH THE CITY AND COUNTY OF
BROOMFIELD TO IMPLEMENT THESE CONSTITUTIONAL PROVISIONS AT THE
STATE LEVEL.
SECTION 2. Each
elector voting at said election and desirous of voting for or
against said amendment shall cast a vote as provided by law either
"Yes" or "No" on the proposition: "AN
AMENDMENT TO ARTICLE XX OF THE CONSTITUTION OF THE STATE OF COLORADO,
CONCERNING THE CREATION OF THE CITY AND COUNTY OF BROOMFIELD."
SECTION 3. The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.
______________________________
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 Conference Committee Reports.
______________________________
CONSIDERATION OF CONFERENCE COMMITTEE REPORTS
HB 98-1012 by Rep. Reeser; Senator Chlouber--Continuation
Of Electrician Regulation
Senator Chlouber moved for the adoption of the First Report of the First Conference Committee on HB 98-1012, printed in Senate Journal, April 29, page 1033. The motion 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 |
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 | 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 |
HB 98-1012 A majority of all members elected to the Senate having voted in the affirmative, the bill, as
(Cont.) amended, was declared REPASSED.
Co-sponsors added: Perlmutter, Weddig.
SB 98-49 by Sen. Schroeder; Rep. May--Tax Exempt
Internet & On Line Services
Senator Schroeder moved for the adoption of the First Report of the First Conference Committee on SB 98-49, printed in Senate Journal, April 29, pages 1033-1034. The motion 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 |
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
YES 35 | NO 0 | EXCUSED 0 | ABSENT 0 | ||||
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 |
A majority of all members elected to the Senate having voted in
the affirmative, the bill, as amended, was declared REPASSED.
SB 98-133 by Sen. Wham; Rep. Snyder--Campaign Contributions
Senator Wham moved for the adoption of the First Report of the First Conference Committee on SB 98-133, printed in Senate Journal, April 29, page 1035. The motion 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 |
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 | Y |
Bishop | YY | 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 | 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.
HB 98-1171 by Rep. Arrington; Senator Coffman--Charter
School Regulation Waivers
Senator Coffman moved for the adoption of the First Report of the First Conference Committee on HB 98-1171, printed in Senate Journal, April 29, page 1057. The motion was adopted by the following roll call vote:
YES 34 | NO 1 | 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 | 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 | YE | Tanner | N |
Ament | Y | Hernandez | N | 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 98-1256 by Rep. Anderson; Senator Wham--Retain
Excess Revs For Gov Needs
Senator Wham moved for the adoption of the First Report of the First Conference Committee on HB 98-1256, printed in Senate Journal, April 30, pages 1059-1060. The motion 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 |
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
YES 25 | NO 10 | EXCUSED 0 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | NE | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | N | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | YY | Johnson | Y | Phillips | Y | Wattenberg | N |
Blickensderfer |
N | Lacy | Y | Powers | N | Weddig | Y |
Chlouber | Y | Lamborn | N | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | Y | Rizzuto | N | 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.
Co-sponsors added: Bishop, Martinez, Pascoe, Phillips,
Rupert, Weddig.
HB 98-1200 by Rep. Taylor; Senator Wattenberg--Local
Marketing Districts
Senator Wattenberg moved for the adoption of the
First Report of the First Conference Committee on HB 98-1200,
printed in Senate Journal, April 30, pages 1060-1061. The motion
was adopted by the following roll call vote:
HB 98-1200 Call of Senate.
(Cont.)
Call Raised.
YES 21 | NO 14 | EXCUSED 0 | ABSENT 0 | ||||
Alexander | N | Feeley | Y | Mutzebaugh | NE | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | N | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | NY | Johnson | N | Phillips | Y | Wattenberg | Y |
Blickensderfer |
N | Lacy | N | Powers | N | Weddig | N |
Chlouber | Y | Lamborn | N | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | Y | Rizzuto | N | Wham | Y |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
Call of Call of Senate.
Senate
Call Raised.
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
YES 22 | NO 13 | EXCUSED 0 | ABSENT 0 | ||||
Alexander | N | Feeley | Y | Mutzebaugh | NE | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | N | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | NY | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
N | Lacy | N | Powers | N | Weddig | N |
Chlouber | Y | Lamborn | N | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | Y | Rizzuto | N | 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.
Co-sponsors added: Hernandez, Rupert.
HB 98-1224 by Rep. Lawrence; Senator Arnold--Bail
Recovery
Senator Arnold moved for the adoption of the First Report of the Second Conference Committee on HB 98-1224, printed in Senate Journal, April 30, pages 1071-1073. The motion was adopted by the following roll call vote:
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 | 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 | 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 | 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 |
N | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | N | 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, as amended, was declared REPASSED.
HB 98-1335 by Rep. Grampsas; Sen. Hopper--Fixed Guideway
Authority
Senator Hopper moved for the adoption of the First Report of the First Conference Committee on HB 98-1335, printed in Senate Journal, April 30, pages 1073-1074. 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 | N | 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 | Y | 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 26 | NO 9 | EXCUSED 0 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | NE | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | N | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | YY | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
N | Lacy | Y | Powers | N | Weddig | N |
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.
SB 98-142 by Sen. Wattenberg; Rep. Schauer--Voluntary
Air Emission Limit & Recovery
Senator Wattenberg moved for the adoption of the First Report of the First Conference Committee on SB 98-142, printed in Senate Journal, April 30, pages 1080-1081. The motion was adopted by the following roll call vote:
YES 22 | NO 13 | EXCUSED 0 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | NE | Tanner | N |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | N | Hopper | Y | Perlmutter | N | Thiebaut | Y |
Bishop | YY | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
N | Lacy | Y | Powers | N | Weddig | Y |
Chlouber | Y | Lamborn | N | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | N | Rizzuto | N | Wham | Y |
Congrove | N | Martinez | N | 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 25 | NO 10 | EXCUSED 0 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | NE | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | N | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | YY | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
N | Lacy | Y | Powers | N | Weddig | Y |
Chlouber | Y | Lamborn | N | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | Y | Rizzuto | N | Wham | Y |
Congrove | N | 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, as amended, was declared REPASSED.
__________________________
On motion of Senator Wells, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB 98-1011, 98-1075, 98-1191; SB 98-186; SCR 98-10; HB 98-1063, 98-1411; SCR 98-1, 98-4; HB 98-1152, 98-1137, 98-1306, 98-1070, 98-1238, 98-1006, 98-1405, 98-1387; HCR 98-1001; HB 98-1114, 98-1334, 98-1393 were made Special Orders at 11:15 a.m.
__________________________
Committee The hour of 11:15 a.m. having arrived, Senator Schroeder moved that the Senate resolve
of the itself into Committee of the Whole for consideration of Special Orders and Senator
Whole Schroeder was called to the Chair to act as
Chairman.
SPECIAL ORDERS--SECOND READING OF BILLS--11:15
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 98-1011 by Rep. Entz; Senator Dennis--Replacement
Of Groundwater Depletions
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 98-1191 by Rep. Owen; Senator Rizzuto--Pub Employee
Defined Contribution Plans
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, April 23, page 939.)
Amendment No. 2, by Senator Wells
Amend reengrossed bill, page 2, before line 15, insert
the following:
"SECTION 2. 2451605
(1) and (3) (b), Colorado Revised Statutes, are amended to read:
2451605. Benefit formula
for reduced service retirement. (1) (a) On
and after July 1, 1987
1998, FOR A MEMBER WHO IS A STATE TROOPER AND WHO RETIRES UPON
REACHING FIFTY YEARS OF AGE OR OLDER BUT BEFORE REACHING SIXTY
YEARS OF AGE, a reduced service retirement benefit shall be the
option 1 benefit for service retirement, as calculated according
to the formula set forth in section 2451603, reduced
by four
THREE percent for each year and a proportional percentage for
each fraction of a year from the effective date of reduced service
retirement to the date he
THE MEMBER would have become eligible for a service retirement
pursuant to the provisions of section 2451602 (1).
(b) ON AND AFTER JULY 1, 1998, FOR A
MEMBER WHO IS NOT A STATE TROOPER AND WHO RETIRES UPON REACHING
FIFTYFIVE YEARS OF AGE OR OLDER BUT BEFORE REACHING SIXTY
YEARS OF AGE, A REDUCED SERVICE RETIREMENT BENEFIT SHALL BE THE
OPTION 1 BENEFIT FOR SERVICE RETIREMENT, AS CALCULATED ACCORDING
TO THE FORMULA SET FORTH IN SECTION 2451603, REDUCED
BY THREE PERCENT FOR EACH YEAR AND A PROPORTIONAL PERCENTAGE FOR
EACH FRACTION OF A YEAR FROM THE EFFECTIVE DATE OF REDUCED SERVICE
RETIREMENT TO THE DATE THE MEMBER WOULD HAVE BECOME ELIGIBLE FOR
A SERVICE RETIREMENT PURSUANT TO THE PROVISIONS OF SECTION 2451602
(1).
(c) ON AND AFTER JULY 1, 1998, FOR A
MEMBER WHO IS NOT A STATE TROOPER AND WHO RETIRES UPON REACHING
SIXTY YEARS OF AGE OR OLDER BUT BEFORE REACHING SIXTYFIVE
YEARS OF AGE, A REDUCED SERVICE RETIREMENT BENEFIT SHALL BE THE
OPTION 1 BENEFIT FOR SERVICE RETIREMENT, AS CALCULATED ACCORDING
TO THE FORMULA SET FORTH IN SECTION 2451603, REDUCED
BY FOUR PERCENT FOR EACH YEAR AND A PROPORTIONAL PERCENTAGE FOR
EACH FRACTION OF A YEAR FROM THE EFFECTIVE DATE OF REDUCED SERVICE
RETIREMENT TO THE DATE THE MEMBER WOULD HAVE BECOME ELIGIBLE FOR
A SERVICE RETIREMENT PURSUANT TO THE PROVISIONS OF SECTION 2451602
(1).
(3) Notwithstanding the provisions of
subsection (1) of this section, on and after July 1, 1993, for
a member who is not a state trooper and who retires upon reaching
fifty years of age or older but before reaching fiftyfive
years of age, a reduced service retirement benefit shall be the
option 1 benefit for service retirement, as calculated according
to the formula set forth in section 2451603, reduced
by:
HB 98-1191
(Cont.)
(b) Four
THREE percent for each year and a proportional percentage for
each fraction of a year from the date the member reaches fiftyfive
years of age to the date the member would have become eligible
for a service retirement pursuant to the provisions of section
2451602 (1), if on such date the member would have
been older than fiftyfive years of age.".
Renumber succeeding sections accordingly.
Page 15, line 8, strike "date."
and substitute "date applicability.";
line 9, after "1998.", add "Section
2 of this act shall apply only to benefits that first become effective
on or after July 1, 1998.".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage. (For further action, see
page 1100, where the Feeley amendment to the Report of the Committee
of the Whole was adopted, and page 1101, Roll Call Vote.)
HB 98-1075 by Rep. May; Senator Mutzebaugh--Motor Vehicle Registration
(Amended in General Orders as printed in Senate Journal,
April 24, page 965.)
Amendment No. 1, by Senator Mutzebaugh
Amend the Transportation Committee amendment, as
printed in Senate Journal, April 22, page 927, line 2, strike
""BE REPLACED."." and substitute ""BE
REPLACED. THE GENERAL ASSEMBLY SHALL APPROPRIATE OUT OF THE HIGHWAY
USERS TAX FUND, FOR FISCAL YEARS 200203 AND 200304,
THE ADDITIONAL MONEYS NECESSARY, IF ANY, TO COMPLETE THE LICENSE
PLATE REPLACEMENT UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH (a).";";
after line 2 of the committee amendment, insert the
following:
"Page 3 of the reengrossed bill, after line
10, insert the following:
"SECTION 2. 434201
(3) (a) (II) (I), (3) (a) (II) (J), and (3) (a) (III) (C), Colorado
Revised Statutes, are amended, and the said 434201
(3) (a) (II) is further amended BY THE ADDITION OF A NEW SUBSUBPARAGRAPH,
to read:
434201. Funds created.
(3) (a) (II) The general assembly shall not
make any annual appropriation or statutory distribution from the
highway users tax fund except as follows:
(I) To the department of personnel for
costs related to the salaries and benefits of the departments
or programs listed in subsubparagraphs (A) to (G) of this
subparagraph (II); and
(J) To the department of local affairs
for the provision of disaster emergency services that relate to
the transportation of hazardous materials; AND
(K) TO THE DEPARTMENT OF REVENUE FOR COMPLETION
OF THE LICENSE PLATE REPLACEMENT PURSUANT TO SECTION 423113
(5) (a) (II), C.R.S. THIS SUBSUBPARAGRAPH (K) IS REPEALED,
EFFECTIVE JULY 1, 2004.
(III) (C) The general assembly shall
not make any annual appropriation or statutory distribution from
the highway users tax fund for the fiscal year 199798 or
for any succeeding fiscal year authorized by subparagraph (II)
of this paragraph (a), excluding the annual appropriation or statutory
distribution to the Colorado state patrol and the ports of entry
section AND EXCLUDING ANY APPROPRIATION TO THE DEPARTMENT OF REVENUE
FOR REPLACEMENT OF LICENSE PLATES AS AUTHORIZED BY SUBSUBPARAGRAPH
(K) OF SUBPARAGRAPH (II) OF THIS PARAGRAPH (a).".
Renumber succeeding section accordingly.".
Amendment No. 2, by Senator Wells
Amend the Transportation committee amendment, as
printed in Senate Journal, April 22, page 926, before line 72,
insert the following:
HB 98-1075
(Cont.)
"Amend reengrossed bill, page 2, strike lines
2 through 5, and substitute the following:
"SECTION 1. 423113
(2), Colorado Revised Statutes, is amended, and the said 423113
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
423113. Number plates furnished
style periodic reissuance.
(2) (a) Every number plate shall have displayed
upon it the registration number assigned to the vehicle and to
the owner thereof, the year number for which it is issued, the
month in which it expires, and any other appropriate symbol, word,
or words designated by the department. The department may adopt
rules and regulations for the issuance of permanent number plates
which do not display the year number for which it is issued or
the month in which it expires. Such plate and the required letters
and numerals thereon, except the year number for which issued,
shall be of sufficient size to be plainly readable from a distance
of one hundred feet during daylight.
(b) IF NUMBER PLATES ISSUED FOR VEHICLES
INCLUDE THE COUNTY OF VEHICLE REGISTRATION, A VEHICLE OWNER SHALL
HAVE THE OPTION OF OBTAINING A NUMBER PLATE THAT DOES NOT INCLUDE
SUCH COUNTY DESIGNATION.
(5) (a) (I) ON AND AFTER JANUARY
1, 2000, ANY NEW OR";";
line 72 of the committee amendment, strike "Amend
reengrossed bill, page 2,".
Page 927 of the committee amendment, line 2, strike
"REPLACED."." and substitute "REPLACED.";";
after line 2 of the committee amendment, insert the
following:
"after line 10 of the reengrossed bill, insert
the following:
"SECTION 2. 423114
(4), Colorado Revised Statutes, is amended to read:
423114. Issuance of personalized plates
authorized. (4) (a) The
personalized license plates shall be the same color and design
as regular motor vehicle license plates, shall consist of numbers
or letters, or any combination thereof, not exceeding seven positions
and not less than two positions, and shall not conflict with existing
passenger, commercial, trailer, motorcycle, or other special license
plates series; except that personalized license plates bearing
the words "street rod" shall be of a design determined
by the executive director of the department, which design shall
be different from those used by the state for regular motor vehicle
license plates.
(b) IF NUMBER PLATES ISSUED FOR VEHICLES
INCLUDE THE COUNTY OF VEHICLE REGISTRATION, A VEHICLE OWNER SHALL
HAVE THE OPTION OF OBTAINING A PERSONALIZED LICENSE PLATE THAT
DOES NOT INCLUDE SUCH COUNTY DESIGNATION.".".
Amendment No. 3, by Senator Hernandez
Amend reengrossed bill, page 2, line 5, strike A(a)(I)@
and substitute A(a)@;
line 11, strike A(II)@
and substitute A(b)@;
page 3, line 1 strike A(III)@
and substitute A(c)@;
line 4, strike AREPLACED.@
and substitute AREPLACED
IF ANY, AND THE NUMBER OF CONFIGURATIONS STILL AVAILABLE.@;
strike lines 8 through 10.
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
SB 98-186 by Sen. Alexander; Rep. Epps--Proposed
Fitzsimons Veterans Home
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, March 26, page 610.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 30, page 1076.)
Amendment No. 3, by Senator Chlouber
Amend the State Veteran and Military Affairs committee
amendment, as printed in the Senate Journal, March 26, page 610,
strike lines 8 through 13 and substitute the following:
AAmend
printed bill, page 3, after line 8, insert the following:@.
As amended, laid over until the next Special Orders
calendar of Friday, May 1.
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.
AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE
WHOLE
HB 98-1191 by Rep. Owen; Senator Rizzuto--Pub Employee
Defined Contribution Plans
Senator Feeley moved to amend the Report of the Committee
of the Whole to show that the following amendment to HB 98-1191
as amended, did pass:
Amend reengrossed bill, page 2, after line 12, insert
the following:
"SECTION 2. 2451602
(1) (a), Colorado Revised Statutes, is amended to read:
2451602. Service retirement
eligibility. (1) (a) Members,
except state troopers, who have met the age and service credit
requirements stated in the following table shall, upon written
application and approval of the board, receive service retirement
benefits pursuant to the benefit formula set forth in section
2451603 (1) (a), (2), and (3):
TABLE B
SERVICE RETIREMENT ELIGIBILITY
Age Service Credit
Requirement Requirement
(years) (years)
Any Age 35
55 50 30
60 20
65 5".
Renumber succeeding sections accordingly.
Page 15, line 8, strike "date."
and substitute "date applicability.";
line 9, after "1998.", add "Section
2 of this act shall apply only to benefits that first become effective
on or after July 1, 1998.".
A majority of all members elected to the Senate having
voted in the affirmative, the amendment was adopted.
ROLL CALL VOTE ON HB 98-1191
HB 98-1191 by Rep. Owen; Senator Rizzuto--Pub Employee
Defined Contribution Plans
On the request of Senator Weddig, the President ordered a roll call vote on HB 98-1191.
YES 29 | NO 5 | EXCUSED 0 | ABSENT 1 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | YE | Tanner | N |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | N | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | NY | 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 | A | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | N |
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Schroeder, 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 98-1011, declared passed on Second Reading.
HB 98-1191 as amended, 98-1075 as amended, declared passed on Second Reading.
SB 98-186 as amended, laid over until the next Special
Orders calendar of Friday, May 1.
Committee On motion of Senator Schroeder, the Senate resolved itself into Committee of the Whole
of the for consideration of Special Orders and Senator Schroeder was called to the Chair to act
Whole as Chairman.
SPECIAL 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:
SCR 98-10 by Sen. Bishop--Concerning State Cash Funds
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 23, page 941.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 98-186 by Sen. Alexander; Rep. Epps--Proposed Fitzsimons Veterans Home
(Amended in Special Orders as printed in Senate Journal,
May 1, page 1100.)
Amendment No. 1, by Senator Rizzuto
Amend printed bill, page 3, after line 13, insert
the following:
A(5)
THE STATE DEPARTMENT SHALL NOT BE AUTHORIZED TO USE ANY GENERAL
FUNDS TO COVER ANY OPERATIONAL SHORTFALL INCURRED BY THE FACILITY
AFTER ITS CONSTRUCTION AND BEFORE IT BEGINS TO GENERATE REVENUES
SUFFICIENT TO COVER ITS OPERATIONAL EXPENSES.@.
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
______________________________
On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, SCR 98-4 was advanced on the Special Orders calendar.
______________________________
SCR 98-4 by Sen. Norton; Rep. Anderson--Residential
Property Tax
Amendment No. 1, Education Committee Amendment
(Printed in Senate Journal, March 13, pages 462-463.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, March 26, pages 572-576.)
Amendment No. 3, by Senator Norton
Amend the Appropriations Committee amendment, as
printed in Senate Journal, March 26, page 572, line 57, strike
"TWENTYEIGHT" and substitute "TWENTYSEVEN
AND ONEHALF", and strike "value." and substitute
"value; EXCEPT THAT, FOR PROPERTY TAX YEARS COMMENCING ON
AND AFTER JANUARY 1, 2003, ALL OTHER TAXABLE PROPERTY SHALL BE
VALUED FOR ASSESSMENT AT TWENTYSIX PERCENT OF ITS ACTUAL
VALUE.";
line 62, strike "FOR";
strike line 63 and substitute the following:
"THE";
line 70, strike "TWENTYEIGHT PERCENT."
and substitute "TWENTYSEVEN AND ONEHALF PERCENT
FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 1999,
BUT PRIOR TO JANUARY 1, 2003, AND TO TWENTYSIX PERCENT FOR
PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY 1, 2003.".
Page 573, line 3, strike "SEVENTYFIVE"
and substitute "SEVENTY";
line 4, strike "THIRTY" and substitute
"TWENTYEIGHT";
line 14, strike "SEVENTYFIVE" and
substitute "ONE HUNDRED FORTY";
line 15, strike "SIXTY" and substitute
"FIFTYSIX";
strike lines 47 and 48 and substitute the following:
"ANNUALLY CREDITED:
(A) STATE EXCESS REVENUES RETAINED BY
THE STATE PURSUANT TO SECTION 20 (7) (d) (II) OF THIS ARTICLE;
(B) FOR THE FISCAL YEARS COMMENCING ON
JULY 1, 1999, AND JULY 1, 2000, AN AMOUNT OF REVENUES EQUAL TO
THE AMOUNT OF INCOME TAX REVENUES COLLECTED BY THE STATE FOR THAT
INCOME TAX YEAR ATTRIBUTABLE TO A RATE OF FIFTEEN ONEHUNDREDTHS
OF ONE PERCENT IMPOSED ON TAXABLE INCOME AS PROVIDED FOR BY LAW;
(C) FOR THE FISCAL YEAR COMMENCING ON
JULY 1, 2001, AN AMOUNT OF REVENUES EQUAL TO THE AMOUNT OF INCOME
TAX REVENUES COLLECTED BY THE STATE FOR THAT INCOME TAX YEAR ATTRIBUTABLE
TO A RATE OF EIGHT ONEHUNDREDTHS OF ONE PERCENT IMPOSED
ON TAXABLE INCOME AS PROVIDED FOR BY LAW; AND
(D) FOR FISCAL YEARS COMMENCING ON AND
AFTER JULY 1, 2002, AN AMOUNT OF REVENUES EQUAL TO THE AMOUNT
OF";
strike line 53 and substitute the following:
"(II) REVENUES CREDITED TO THE FUND
IN ACCORDANCE WITH THIS";
line 71, after "(4) (a),", insert "(7)
(d),".
Page 574, strike lines 12 through 16 and substitute
the following:
"COLLECTED IN A GIVEN FISCAL YEAR THAT IS TRANSFERRED
AND EXPENDED IN ACCORDANCE WITH SECTION 3 (1) (g) OF THIS ARTICLE.";
SCR 98-4
(Cont.)
after line 23, insert the following:
"(7) Spending limits. (d) (I) If
revenue from sources not excluded from fiscal year spending exceeds
these limits in dollars for that fiscal year, the excess shall
be refunded in the next fiscal year unless voters approve a revenue
change as an offset. Initial district bases are current fiscal
year spending and 1991 property tax collected in 1992. Qualification
or disqualification as an enterprise shall change district bases
and future year limits. Future creation of district bonded debt
shall increase, and retiring or refinancing district bonded debt
shall lower, fiscal year spending and property tax revenue by
the annual debt service so funded. Debt service changes, reductions,
(1) and (3) (c) refunds, and voterapproved revenue changes
are dollar amounts that are exceptions to, and not part of, any
district base. Voterapproved revenue changes do not require
a tax rate change.
(II) (A) FOR THE STATE FISCAL YEAR
COMMENCING ON JULY 1, 1997, FROM 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 ON
THE STATE BY PARAGRAPH (a) OF THIS SUBSECTION (7), THE STATE SHALL
RETAIN THE AMOUNT OF STATE EXCESS REVENUES THAT VOTERS HAVE NOT
AUTHORIZED THE STATE TO RETAIN FOR ANY OTHER PURPOSE OR ONE HUNDRED
SIXTYFIVE MILLION NINE HUNDRED THOUSAND DOLLARS, WHICHEVER
IS LESS.
(B) FOR THE STATE FISCAL YEAR COMMENCING
ON JULY 1, 1998, FROM 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 ON THE STATE BY
PARAGRAPH (a) OF THIS SUBSECTION (7), THE STATE SHALL RETAIN THE
AMOUNT OF STATE EXCESS REVENUES THAT VOTERS HAVE NOT AUTHORIZED
THE STATE TO RETAIN FOR ANY OTHER PURPOSE OR ONE HUNDRED THIRTYNINE
MILLION NINE HUNDRED THOUSAND DOLLARS, WHICHEVER IS LESS.
(C) STATE EXCESS REVENUES RETAINED PURSUANT
TO SUBSUBPARAGRAPHS (A) AND (B) OF THIS SUBPARAGRAPH (II)
SHALL BE TRANSFERRED TO THE FUND CREATED PURSUANT TO SECTION 3
(1) (g) (I) OF THIS ARTICLE.".
Page 575, line 39, after "TAXES,", insert
"AUTHORIZING THE STATE TO RETAIN UP TO ONE HUNDRED SIXTYFIVE
MILLION NINE HUNDRED THOUSAND DOLLARS OF REVENUES IN EXCESS OF
THE CONSTITUTIONAL LIMITATION ON STATE FISCAL YEAR SPENDING FOR
THE 199798 STATE FISCAL YEAR AND UP TO ONE HUNDRED THIRTYNINE
MILLION NINE HUNDRED THOUSAND DOLLARS OF REVENUES IN EXCESS OF
THE CONSTITUTIONAL LIMITATION ON STATE FISCAL YEAR SPENDING FOR
THE 199899 STATE FISCAL YEAR TO REPLACE TAX REVENUE LOSSES
OF GOVERNMENTS DUE TO SUCH PROPERTY TAX RELIEF, NOTWITHSTANDING
ANY STATE RESTRICTION OR LIMITATION ON REVENUE, SPENDING, OR APPROPRIATIONS,
INCLUDING WITHOUT LIMITATION THE RESTRICTIONS OF SECTION 20 OF
ARTICLE X OF THE CONSTITUTION OF THE STATE OF COLORADO AND THE
STATUTORY LIMITATION ON STATE GENERAL FUND APPROPRIATIONS,".
Page 576, line 1, after "TAXES,", insert
"AUTHORIZING THE STATE TO RETAIN UP TO ONE HUNDRED SIXTYFIVE
MILLION NINE HUNDRED THOUSAND DOLLARS OF REVENUES IN EXCESS OF
THE CONSTITUTIONAL LIMITATION ON STATE FISCAL YEAR SPENDING FOR
THE 199798 STATE FISCAL YEAR AND UP TO ONE HUNDRED THIRTYNINE
MILLION NINE HUNDRED THOUSAND DOLLARS OF REVENUES IN EXCESS OF
THE CONSTITUTIONAL LIMITATION ON STATE FISCAL YEAR SPENDING FOR
THE 199899 STATE FISCAL YEAR TO REPLACE TAX REVENUE LOSSES
OF GOVERNMENTS DUE TO SUCH PROPERTY TAX RELIEF, NOTWITHSTANDING
ANY STATE RESTRICTION OR LIMITATION ON REVENUE, SPENDING, OR APPROPRIATIONS,
INCLUDING WITHOUT LIMITATION THE RESTRICTIONS OF SECTION 20 OF
ARTICLE X OF THE CONSTITUTION OF THE STATE OF COLORADO AND THE
STATUTORY LIMITATION ON STATE GENERAL FUND APPROPRIATIONS,".
SCR 98-4 As amended, ordered engrossed and placed on the calendar for Third Reading and Final
(Cont.) Passage.
The following bills on the Special Orders calendar
of Friday, May 1, were laid over until the General Orders calendar
of May 4, retaining their place on the calendar:
HB 98-1063, 98-1411; SCR 98-1; HB 98-1152, 98-1137,
98-1306, 98-1070, 98-1238, 98-1006, 98-1405, 98-1387; HCR 98-1001;
HB 98-1114, 98-1334, 98-1393.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Schroeder, 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:
SCR 98-10 as amended; SB 98-186 as amended; SCR 98-4 as amended, declared passed on Second Reading.
HB 98-1063, 98-1411; SCR 98-1; HB 98-1152, 98-1137,
98-1306, 98-1070, 98-1238, 98-1006, 98-1405, 98-1387; HCR 98-1001;
HB 98-1114, 98-1334, 98-1393, laid over until the General Orders
calendar of Monday, May 4, retaining their place on the calendar.
______________________________
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 Water Quality Control Commission, Colorado Water Conservation Board and State Board of Agriculture.
______________________________
CONSIDERATION OF GOVERNOR'S APPOINTMENTS
On motion of Senator Ament, the following Governor's
appointments were confirmed by a roll call vote:
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.
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 Ament, the following Governor's
appointment was confirmed by a roll call vote:
COLORADO WATER CONSERVATION BOARD
for a term expiring February 12, 2000:
William H. Brown of Fort Collins, to serve as a representative
of the South Platte drainage basin, an Unaffiliated and to fill
a vacancy occasioned by the resignation of Elizabeth A. Rieke.
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 Senators Ament and Alexander, the following
Governor's appointments were confirmed by a roll call vote:
STATE BOARD OF AGRICULTURE
for a term expiring the third Wednesday of January, 2002:
Patrick Garcia of Pueblo, Colorado, reappointed;
William W. Warren, Colorado, 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 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 Colorado Postsecondary Educational Facilities Authority.
______________________________
CONSIDERATION OF GOVERNOR'S APPOINTMENTS
On motion of Senator Alexander, the following Governor's
appointments were confirmed by a roll call vote:
COLORADO POSTSECONDARY EDUCATIONAL
FACILITIES AUTHORITY
for terms expiring June 30, 2001:
Marvin W. Buckels of Denver, Colorado, to serve as
a Democrat, reappointed;
William Gold of Denver, Colorado, to serve as an
Unaffiliated and to fill a vacancy occasioned by the death of
Roland C. Rautenstraus, appointed;
for a term effective June 30, 1998 and expiring June
30, 2002:
Lynn E. Hornbrook of Cherry Hills, Colorado, to serve as a Republican, 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 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 Law Related Education Advisory Board: Cottle, Harrison, Hunter, Huerter, and Johnstone.
______________________________
CONSIDERATION OF GOVERNOR'S APPOINTMENTS
On motion of Senator Alexander, the following Governor's
appointments were confirmed by a roll call vote:
LAWRELATED EDUCATION ADVISORY BOARD
for terms expiring April 12, 2001:
Linda H. Cottle of Glenwood Springs, Colorado, to serve as a licensed mental
health professional;
Tracie Lynn Harrison of Denver, Colorado, to serve as a peace
officer;
Robert M. Hunter of Denver, Colorado, to serve as a director of a lawrelated
education program;
Regina M. Huerter of Denver, Colorado, to serve as a drug or gang prevention
practioner;
Marilyn Philpott Johnstone of Arvada, Colorado, to serve as a licensed secondary school teacher.
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 Governor's Appointment to the Law Related Education Advisory Board: Tafoya.
______________________________
CONSIDERATION OF GOVERNOR'S APPOINTMENT
On motion of Senator Alexander, the following Governor's
appointment was confirmed by a roll call vote:
LAWRELATED EDUCATION ADVISORY BOARD
for terms expiring April 12, 2001:
Patricia A. Tafoya of La Junta, Colorado, to serve as a parent with a child attending public schools.
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 Governor's Appointment to the Law Related Education Advisory Board: Munn.
______________________________
CONSIDERATION OF GOVERNOR'S APPOINTMENT
Senator Alexander moved the following Governor's
appointment:
LAWRELATED EDUCATION ADVISORY BOARD
for terms expiring April 12, 2001:
Demetri E. Munn of Denver, Colorado, to serve as a public member.
The following Governor's appointment was not confirmed by the following roll call vote:
YES 15 | NO 19 | EXCUSED 1 | ABSENT 0 | ||||
Alexander | N | Feeley | Y | Mutzebaugh | NE | 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 | N |
Blickensderfer |
N | Lacy | N | Powers | N | Weddig | Y |
Chlouber | N | Lamborn | N | Reeves | Y | Wells | N |
Coffman | N | Linkhart | Y | Rizzuto | Y | Wham | N |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
N |
Dennis | E | Matsunaka | Y | Schroeder | N |
_______________________________
Senator Powers moved that the following Governor's
appointments be re-referred to the Committee on State, Veterans
and Military Affairs:
BOARD OF DIRECTORS OF DENVER METROPOLITAN
MAJOR LEAGUE STADIUM DISTRICT
for a term expiring August 1, 2001:
Josephine W. Heath of Boulder, Colorado, reappointed.
BOARD OF TRUSTEES OF THE
STATE COLLEGES IN COLORADO
for a term expiring July 1, 2001:
Alan B. Salazar of Thornton, Colorado, to fill a
vacancy occasioned by the resignation of P. Cole Finegan, appointed.
BOARD OF DIRECTORS OF THE
COLORADO COMPENSATION
INSURANCE AUTHORITY
for a term 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.
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 a term expiring March 1, 2002:
John W. Singletary of Pueblo, Colorado, to serve as a representative of an agriculture or grower from District 4 and a Democrat, appointed.
On a substitute motion, Senator Wells moved that
the above appointees be re-referred to committee as follows:
BOARD OF DIRECTORS OF DENVER METROPOLITAN
MAJOR LEAGUE STADIUM DISTRICT
for a term expiring August 1, 2001:
Josephine W. Heath of Boulder, Colorado, reappointed.
Committee on Business Affairs and Labor
BOARD OF TRUSTEES OF THE
STATE COLLEGES IN COLORADO
for a term expiring July 1, 2001:
Alan B. Salazar of Thornton, Colorado, to fill a
vacancy occasioned by the resignation of P. Cole Finegan, appointed.
Committee on Education
BOARD OF DIRECTORS OF THE
COLORADO COMPENSATION
INSURANCE AUTHORITY
for a term 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.
Committee on Business Affairs and Labor
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 a term expiring March 1, 2002:
John W. Singletary of Pueblo, Colorado, to serve as a representative
of an agriculture or grower from District 4 and a Democrat, appointed.
Committee on Agriculture, Natural Resources and Energy
Senate in recess.
Senate reconvened.
Call of Call of Senate.
Senate
Call Raised.
Senator Wells renewed his substitute motion for the
re-referral of the above appointments.
The substitute motion was adopted by the following
roll call vote:
YES 19 | NO 8 | EXCUSED 1 | ABSENT 7 | ||||
Alexander | Y | Feeley | A | Mutzebaugh | YE | Tanner | A |
Ament | Y | Hernandez | A | Pascoe | A | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | N | Thiebaut | A |
Bishop | EY | Johnson | N | Phillips | N | Wattenberg | Y |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | A |
Chlouber | Y | Lamborn | Y | Reeves | N | Wells | Y |
Coffman | Y | Linkhart | N | Rizzuto | N | Wham | Y |
Congrove | Y | Martinez | A | Rupert | N | Mr. President |
Y |
Dennis | Y | Matsunaka | N | Schroeder | Y |
______________________________
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 Friday, May 1, was laid over until Monday, May 4, retaining its place on the calendar.
______________________________
On motion of Senator Wells, the Senate adjourned until 10:00 a.m., Monday,
May 1, 1998.
Approved:
Tom Norton
President of the Senate
Attest:
Patricia K. Dicks
Assistant Secretary of the Senate