SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

First Regular Session

3rd Legislative Day Wednesday, October 22, 1997



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

Order

Prayer By the chaplain, Dr. Mel Taylor.

Roll Call Present--Total, 34.

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

Present later--Lacy

Quorum The President announced a quorum present.

Reading of On motion of Senator Arnold, reading of the Journal of October 21st was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly revised: HB 97-1001, 1006.

Services

THIRD READING OF BILLS--FINAL PASSAGE

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

HB 97S-1001 by Rep. Grampsas; Senator Lacy--TABOR Tax Credit To Resident Adults

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

Third Reading Amendment No. 1, by Senator Lacy

Amend revised bill, page 13, strike line 24, and substitute the following:"

"thirty­two thousand eight hundred twenty­nine dollars ($432, 829) and 3.9".

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 23


NO 12


EXCUSED 0


ABSENT 0


Alexander

Y

Duke

Y

Mutzebaugh

YYE

Tanner

N

Ament

Y

Feeley

N

Pascoe

N

Tebedo

Y

Arnold

Y

Hernandez

N

Perlmutter

Y

Thiebaut

N

Bishop

YY

Hopper

Y

Phillips

N

Wattenberg

Y

Blickensderfer

Y

Johnson

N

Powers

Y

Weddig

N

Chlouber

Y

Lacy

YE

Reeves

N

Wells

Y

Coffman

Y

Linkhart

N

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

N

Rupert

N

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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

Co-sponsors added: Chlouber, Norton, Schroeder.



HB 97S-1006 by Rep. Paschall; Senator Schroeder--Tiered Tax Credit For Revenue Refund

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

Third Reading Amendment No. 1, by Senator Schroeder

Amend revised bill, page 14, line 8, strike "fifty three" and substitute "thirty­two thousand eight hundred twenty­nine dollars ($432,829) and 3.9 FTE, or so";

strike line 9;

line 11, strike "2.0" and substitute "3.9".

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

As amended, laid over until later in the day, Wednesday, October 22.

MESSAGE FROM THE HOUSE

October 22, 1997

Mr. President:

The House has passed on Third Reading and returns herewith SB97S-005.

Senate in recess.

Senate reconvened.

MESSAGE FROM THE HOUSE

October 22, 1997

Mr. President:

The House has voted not to concur in the Senate amendments to HB97S-1001 and requests that a conference committee be appointed. The Speaker has appointed Representatives Grampsas, chairman, Anderson, and Reeser as House conferees on the First Conference Committee on HB97S-1001. The bill is transmitted herewith.

APPOINTMENTS TO CONFERENCE COMMITTEE

HB 97S-1001 by Rep. Grampsas; Senator Lacy--TABOR Tax Credit To Resident Adults

The President appointed Senators Lacy, Chairman, Schroeder and Perlmutter as Senate Conferees on the First Conference Committee on HB 97S-1001.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

SENATE SERVICES REPORT

Senate Correctly enrolled: SB 97S-5; SJR 97S-1.

Services

SIGNING OF BILL

The President has signed: SB 97S-5.

SIGNING OF RESOLUTION

The President has signed: SJR 97S-1.


FIRST REPORT OF FIRST CONFERENCE COMMITTEE ON HB 97S­1001

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

THIS REPORT AMENDS THE

REREVISED BILL

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

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB 97S­1001, concerning the granting of a one­time tax credit to qualified individuals for the purpose of refunding state revenues in excess of the constitutional limitation on state fiscal year spending for the 1996­97 state fiscal year, and making an appropriation therefor, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 5, line 15, strike "RETURN" and substitute "RETURN, A MARRIED FILING SEPARATE RETURN,";

line 18, strike "TWENTY­FIVE" and substitute "FIFTEEN";

line 20, strike "THIRTY­FOUR" and substitute "THIRTY­SEVEN";

line 22, strike "TWENTY­FIVE" and substitute "FIFTEEN";

line 23, strike "EIGHTY" and substitute "ONE HUNDRED";

line 24, strike "SIXTY­FIVE" and substitute "SIXTY";

line 26, strike "EIGHTY" and substitute "ONE HUNDRED".

Page 6, line 1, strike "ONE HUNDRED NINE" and substitute "EIGHTY";

line 7, strike "TWENTY­FIVE" and substitute "FIFTEEN";

line 9, strike "SIXTY­EIGHT" and substitute "SEVENTY­FOUR";

line 11, strike "TWENTY­FIVE" and substitute "FIFTEEN";

line 12, strike "EIGHTY" and substitute "ONE HUNDRED";

line 13, strike "ONE HUNDRED THIRTY" and substitute "ONE HUNDRED TWENTY";

line 15, strike "EIGHTY" and substitute "ONE HUNDRED";

line 16, strike "TWO HUNDRED EIGHTEEN" and substitute "ONE HUNDRED SIXTY".

Page 7, strike lines 20 through 25.

Strike pages 8 through 12.

Page 13, strike lines 1 through 19.

Renumber succeeding sections accordingly.

Page 13, line 20, strike "(1)".

Page 14, strike lines 3 through 10.

Respectfully submitted,

House Committee: Senate Committee:

Tony Grampsas, Chairman Elsie Lacy, Chairman

Norma Anderson William R. Schroeder, Jr.

Jeannie G. Reeser Ed Perlmutter


CONSIDERATION OF CONFERENCE COMMITTEE REPORT

HB 97S-1001 by Rep. Grampsas; Senator Lacy--TABOR Tax Credit To Resident Adults

Senator Lacy moved for the adoption of the First Report of the First Conference Committee on HB 97S-1001, as printed in Senate Journal, October 22, pages 27-28. The motion was adopted by the following roll call vote:

YES 35


NO 0


EXCUSED 0


ABSENT 0


Alexander

Y

Duke

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Feeley

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Hopper

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Johnson

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lacy

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 29


NO 6


EXCUSED 0


ABSENT 0


Alexander

Y

Duke

Y

Mutzebaugh

YE

Tanner

N

Ament

Y

Feeley

Y

Pascoe

N

Tebedo

Y

Arnold

Y

Hernandez

Y

Perlmutter

Y

Thiebaut

N

Bishop

YY

Hopper

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Johnson

Y

Powers

Y

Weddig

N

Chlouber

Y

Lacy

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

N

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.

Co-sponsors added: Bishop, Dennis, Perlmutter, Rizzuto, Tebedo, Wattenberg, Wells.

Senate in recess.

Senate reconvened.

__________________________

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 Third Reading and Final Passage of HB 97S-1006.

__________________________

THIRD READING OF BILL--FINAL PASSAGE

On Third Reading, the title of the following bill was publicly read, the reading at length having been dispensed with by unanimous consent:

HB 97S-1006 by Rep. Paschall; Senator Schroeder--Tiered Tax Credit For Revenue Refund

Senator Schroeder moved that HB 97S-1006 be laid on the table.

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

Senate in recess.

Senate reconvened.

MESSAGE FROM THE HOUSE

October 22, 1997

Mr. President:

The House has adopted the First Report of the First Conference Committee on HB97S-1001, as printed in House Journal, October 22, 1997 and has repassed the bill as amended.

The House has adopted and transmits herewith HJR97S-1001 as printed in House Journal, October 22, 1997. Pursuant to the resolution the Speaker has appointed Representatives Musgrave, Alexander and Mace.

The House has adopted and transmits herewith HJR97S-1002, as printed in House Journal, October 22, 1997.

INTRODUCTION AND CONSIDERATION OF RESOLUTIONS

HJR 97S-1001 by Representatives Anderson, C. Berry, and Snyder; also Senators Wells, Norton, and Feeley--Concerning an appointment of a joint committee to notify the governor that the first extraordinary session of the sixty-first general assembly is about to adjourn sine-die.

(Printed in House Journal, October 22.)

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

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

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

YES 35


NO 0


EXCUSED 0


ABSENT 0


Alexander

Y

Duke

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Feeley

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Hopper

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Johnson

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lacy

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 President appointed Senators Mutzebaugh and Hernandez pursuant to HJR 97S-1001.

HJR 97S-1002 by Representatives Anderson, C. Berry, and Snyder; also Senators Wells, Norton, and Feeley--Concerning the adjournment sine-die of the first extraordinary session of the sixty-first general assembly.

(Printed in House Journal, October 22.)

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

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

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


YES 35


NO 0


EXCUSED 0


ABSENT 0


Alexander

Y

Duke

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Feeley

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Hopper

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Johnson

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lacy

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


____________________________

Senators Mutzebaugh and Hernandez reported that the Governor had been notified that the General Assembly was ready to adjourn sine die.

____________________________

TRIBUTES--A POINT OF INTEREST

Honoring Cliff Coghill by Senator Bishop

Honoring Anna Scott--by Senator Ament

Honoring Rose "Rosie" Corcoran--by Senator Bishop

Honoring Joseph Frampton--by Senator Bishop

Honoring Richard M. Meysenburg--by Senator Bishop

Honoring Roy Ricks--by Senator Bishop

Honoring John R. McConnell--by Senator Bishop

Honoring Caleb Marquardt--by Senator Bishop

Memorializing Dr. Willy Z. Sadeh--by Senator Reeves

Memorializing Michael Bonney Lopez--by Senator Thiebaut

Memorializing Dr. Robert D. Pierce--by Senator Thiebaut

Memorializing George F. McCarthy--by Senator Thiebaut

Memorializing Joe J. Silchia--by Senator Thiebaut

Memorializing Jennie Occhiato Gersick--by Senator Thiebaut

Memorializing John Austin Conley--by Senator Thiebaut

Memorializing Dennis Michael Trujillo--by Senator Thiebaut

Memorializing Clarence A. Burianek--by Senator Thiebaut

Memorializing Robert M. "Bob" Slobodnik--by Senator Thiebaut

Memorializing Minerva D. Clevenger--by Senator Thiebaut

Honoring Michael Adams--by Senator Wattenberg and Rep. George

Honoring Sally Kingdom--by Senator Rupert

Memorializing Sigga Mai Williams--by Senator Rupert

Honoring Jean Gore--by Senator Rupert

Honoring Ceal Berry--by Senator Rupert

Honoring Leslie Durgin--Senator Rupert

Honoring Esteban Rodriquez--by Senator Dennis

Honoring Russell L. Jones--by Senator Dennis

Honoring Aaron Williams--by Senator Dennis

Memorializing Henry Archer--by Senator Dennis

Honoring Fred Brown--by Senator Johnson

Honoring Sandra Brooks-Dillard--by Senator Johnson

Honoring Phil and Ruth Spano--by Senator Johnson

Honoring George and Ruth Mazzotti--by Senator Johnson

Honoring Theresa and Hank Younger--by Senator Johnson

Honoring Marvin and Jean Younger--by Senator Johnson

Honoring Jim and Kristy Younger--by Senator Johnson

Honoring Debbie Binder--by Senator Johnson

Memorializing Mary Ciancio--by Senator Johnson

Memorializing Bernadine Flores--by Senator Thiebaut

Honoring Frank Piserchio--by Senator Thiebaut

Honoring Dennis Roberts--by Senator Thiebaut

Memorializing Barney Ben Falagrady, Sr.--by Senator Thiebaut

Memorializing Minnie (Dominica) Maria Falagrady--by Senator Thiebaut

Honoring Florence Olson--by Senator Bishop

Honoring Betty Kancilia--by Senator Bishop

Honoring Joe Puga--by Senator Bishop

Honoring Iola Broeder--by Senator Bishop

Honoring Stanley Ogilvie--by Senator Bishop

Honoring Ada Houck--by Senator Bishop


On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the First Extraordinary Session of the Sixty-first General Assembly adjourned sine die at 9:37 p.m.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate