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

115th Legislative Day Friday, May 1, 1998


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