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

104th Legislative Day Monday, April 20, 1998


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

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn.

Roll Call Present--Total, 34

Absent--Powers--Total, 1.

Present later--Powers

Quorum The President announced a quorum present.

Reading of On motion of Senator Arnold, reading of the Journal of April 17th was dispensed with

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

COMMITTEE OF REFERENCE REPORTS

Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under consideration

Natural and has had a hearing on the following appointment and recommends that the appointment

Resources be confirmed:

and Energy

COAL MINE BOARD OF EXAMINERS

for a term expiring July 1, 2000:

Brad L. Gibbs of Crawford, Colorado, to serve as a coal miner of known experience and practice in underground coal mining and to fill a vacancy occasioned by the resignation of Eugene S. Castilla, appointed.

Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under consideration

Natural and has had a hearing on the following appointments and recommends that the

Resources appointments be confirmed:

and Energy

COLORADO STATE FAIR AUTHORITY

BOARD OF COMMISSIONERS

for terms expiring November 1, 1998;

Leslie O. Mergelman of Cederedge, Colorado, to serve as a resident of the Western Slope, the Third Congressional District and as a Republican;

for terms expiring November 1, 2001;

Marvin Strait of Colorado Springs, Colorado, to serve as a certified public accountant from the Fifth Congressional District and as a Republican;

Vince L. Vigil of Pueblo, Colorado, to serve as a representative with substantial expertise in finance through current management­level experience in banking and as a Democrat.

Agriculture, After consideration on the merits, the committee recommends that the following be

Natural postponed indefinitely: SB 98-196

Resources

and Energy

Agriculture, After consideration on the merits, the committee recommends that the following be

Natural referred favorably to the Committee on Appropriations: HB 98-1006

Resources

and Energy

Agriculture, After consideration on the merits, the committee recommends that the following be

Natural referred favorably to the Committee on Appropriations: HB 98-1011

Resources

and Energy

Agriculture, After consideration on the merits, the committee recommends that the following be

Natural referred favorably to the Committee of the Whole: SB 98-195

Resources

and Energy

Approp- After consideration on the merits, the committee recommends that SB 98-183 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 13, strike lines 11 through 14 and substitute the following:

"1998, it appears that this act will require appropriations for subsequent fiscal years, and the amount required to be appropriated for the fiscal year beginning July 1, 1999, is estimated to be six million seven hundred seventy-seven thousand four hundred sixty dollars ($6,777,460). Of this amount, it is estimated that four million nine hundred eighty five thousand four hundred sixty dollars ($4,985,460) shall be from the general fund and one million seven hundred ninety-two thousand dollars ($1,792,000) shall be from cash funds.".

Page 1, strike lines 106 and 107 and substitute the following:

"DISTRICT FOR SPECIFIED PURPOSES.".

Approp- After consideration on the merits, the committee recommends that SB 98-179 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 5, strike lines 2 through 8;

before line 9, insert the following:

"SECTION 3. No Appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the provisions of this act.".

Page 1, line 102, strike "ENVIRONMENT," and substitute "ENVIRONMENT.";

strike line 103.

Approp- After consideration on the merits, the committee recommends that SB 98-192 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, after line 10, insert the following:

" SECTION 2. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".

Renumber succeeding section accordingly.

Approp- After consideration on the merits, the committee recommends that HB 98-1114 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend the Health, Environment, Welfare, and Institutions Committee Report, as printed in Senate Journal, March 13, page 466, line 8, strike "YEARS";" and substitute "YEARS OR MORE";".

MESSAGE FROM THE GOVERNOR

April 17, 1998

To the Honorable Colorado Senate

Sixty­first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

S.B. 98­003 Concerning the extension of the termination date of the State Lottery Division of the Department of Revenue.

Approved April 17, 1998 at 9:40 a.m.

S.B. 98­011 Concerning qualifications for the office of school district director, and, in connection therewith, prohibiting any person convicted of the commission of a sex offense against a child from serving on a school district board of education.

Approved April 17, 1998 at 8:47 a.m.

S.B. 98­012 Concerning a prohibition against any insurer taking adverse actions against a person because the person has not maintained motor vehicle insurance coverage in the past.

Approved April 17, 1998 at 8:59 a.m.

S.B. 98­031 Concerning requirements relating to the awarding of grants under the Youth Crime Prevention and Intervention Program.

Approved April 17, 1998 at 8:58 a.m.

S.B. 98­037 Concerning disciplinary procedures applicable to the alleged sale of alcohol beverages to a person under twenty­one years of age who is acting at the direction of an employee of a law enforcement agency.

Approved April 17, 1998 at 8:46 a.m.

S.B. 98­040 Concerning the state deferred compensation plan.

Approved April 17, 1998 at 9:50 a.m.

S.B. 98­045 Concerning an increase in compensation for public trustees, and, in connection therewith, increasing fees for certain public trustees' services and public trustees' salaries.

Approved April 17, 1998 at 9:51 a.m.

S.B. 98­055 Concerning the enforcement authority of county governments for violations of county laws.

Approved April 17, 1998 at 9:49 a.m.

S.B. 98­066 Concerning services of persons with disabilities as jurors in court cases.

Approved April 17, 1998 at 8:51 a.m.

S.B. 98­070 Concerning tuition vouchers at community colleges for Colorado Works participants.

Approved April 17, 1998 at 9:48 a.m.

S.B. 98­071 Concerning the amount a municipality can appropriate annually to associated charity organizations.

Approved April 17, 1998 at 9:47 a.m.

S.B. 98­119 Concerning the extension of state employee benefit coverage to noncompensated state elected officials.

Approved April 17, 1998 at 8:53 a.m.

S.B. 98­141 Concerning conditions for the distribution of moneys from the Colorado Economic Development Fund.

Approved April 17, 1998 at 9:52 a.m.

S.B. 98­161 Concerning an appropriation to the Legislation Department.

Approved April 17, 1998 at 9:46 a.m.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 4/17/98 3:00 p.m.

P. Dicks, Assistant Secretary

______________________________

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 98-18.

______________________________

CONSIDERATION OF RESOLUTION

SJR 98-18 by Sen. Tanner; Rep. George--Annual Peace Officer Appreciation Day

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


YES 35


NO 0


EXCUSED 0


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

Y

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


Co-sponsors added: Alexander, Blickensderfer, Dennis, Lacy, Martinez, Norton, Tebedo, Wattenberg.

Senate in recess.

Senate reconvened.

SIGNING OF BILLS

The President has signed: HB98-1130, 1221, 1244, 1325, and 1335.

COMMITTEE OF REFERENCE REPORTS

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:

BOARD OF TRUSTEES OF THE

COLORADO SCHOOL OF MINES

for a term effective March 23, 1998, and expiring March 23, 2002:

R. Franklin Erisman of Golden, Colorado, to serve as a graduate of the Colorado school of mines, reappointed.

Education The Committee on Education has had under consideration and has had a hearing on the following appointments and recommends that the appointments be confirmed:

BOARD OF TRUSTEES FOR THE

UNIVERSITY OF NORTHERN COLORADO

for a term expiring June 30, 1999:

Neil O. Westergaard of Denver, Colorado, to fill a vacancy occasioned by the resignation of E. Kenneth Whitney, appointed;

for terms expiring June 30, 2001:

Duane C. Farrington of Greeley, Colorado;

Patricia A. Salazar of Denver, Colorado.

Education After consideration on the merits, the committee recommends that HB 98-1267 be

amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 3, line 21, strike "PHONICS" and substitute "RECOGNIZED INSTRUCTIONAL STRATEGIES, INCLUDING PHONICS,".

Page 8, line 6, strike "DISTRICT" and substitute "BOARD".

Page 9, line 5, strike "DISTRICT" and substitute "BOARD";

strike line 9, and substitute the following:

"CITIZENS, AND A PLAN FOR ENCOURAGING THE BUSINESS COMMUNITY AND INSTITUTIONS OF HIGHER EDUCATION TO SEEK AND CONSIDER A STUDENT'S SCORE ON THE STATEWIDE ASSESSMENT ADMINISTERED PURSUANT TO THE PROVISIONS OF SECTION 22-7-409 (1) (e) THAT IS REQUIRED TO BE NOTED ON SUCH STUDENT'S FINAL TRANSCRIPT AND DIPLOMA PURSUANT TO THE PROVISIONS OF SECTION 22-7-409 (1.5);";

strike lines 13 through 16.

Renumber succeeding subparagraph accordingly.

Page 9, line 21, strike "DISTRICT" and substitute "BOARD".

Page 12, line 26, strike "SHALL" and substitute "MAY".

Page 15, line 8, strike "rates to the" and substitute "rates, to the";

line 9, strike "PUBLIC";

strike lines 11 and 12 and substitute the following:

"22­11­202. SUCH REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC no later than October 1, 1989, and October 1 of each year thereafter.".

Page 18, strike lines 8 through 18 and substitute the following:

"(1.5)  EFFECTIVE ON AND AFTER JANUARY 1, 2003, THE FINAL STUDENT TRANSCRIPT AND DIPLOMA OF EACH GRADUATING SENIOR FROM A PUBLIC HIGH SCHOOL IN THE STATE SHALL IDENTIFY THE STUDENT'S SCORE ON THE STATEWIDE ASSESSMENT ADMINISTERED PURSUANT TO THE PROVISIONS OF PARAGRAPH (e) OF SUBSECTION (1) OF THIS SECTION.".



Education After consideration on the merits, the committee recommends that HB 98-1318 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 4, line 2, strike "AND" and substitute "THE GENERAL ASSEMBLY, AND".


FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 98-1358

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

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 98-1358, concerning supplemental appropriations for capital construction, 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 1, line 7, strike "A NEW HEADNOTE AND";

strike lines 9 through 11.

Page 2, strike lines 1 through 7, and substitute the following:

"Section 3.  Capital construction appropriation. (1) (d)  Moneys appropriated in this section from the capital";

strike lines 9 and 10, and substitute the following:

"ONE HUNDRED EIGHTY-SEVEN MILLION NINE HUNDRED EIGHTY-SEVEN THOUSAND SIXTY-SIX DOLLARS ($187,987,066)";

strike lines 14 and 15, and substitute the following:

"Colorado Revised Statutes, and".

Page 21, strike lines 1 through 5.

Adjust affected totals accordingly.

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Tony Grampsas, Chair Sen. Elsie Lacy, Chair

Rep. Dave Owen Sen. Tom Blickensderfer

Rep. Gil Romero Sen. James T. Rizzuto









INTRODUCTION OF BILLS--FIRST READING

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

HB 98-1092 by Representatives Kreutz and Pankey; also Senators Coffman and Lacy--Concerning the creation of a self-sufficiency and employment program for certain public assistance recipients, and making an appropriation in connection therewith.

Health, Environment, Welfare and Institutions

Appropriations

HB 98-1191 by Representative Owen; also Senator Rizzuto--Concerning the establishment of defined contribution plans for specified public employees, and making an appropriation in connection therewith.

State, Veterans, and Military Affairs

Appropriations

HB 98-1326 by Representative Grampsas; also Senator Chlouber--Concerning the provision of additional revenue to municipal governments to meet expenses necessitated by the advent of limited gaming.

Local Government

HB 98-1333 by Representatives May, Adkins, Agler, Allen, Arrington, Bacon, Epps, Gotlieb, S. Johnson, June, Kaufman, Keller, Kreutz, Lamborn, Lawrence, Mace, McElhany, McPherson, Musgrave, Nichol, Paschall, Reeser, Sinclair, Smith, Snyder, Swenson, Tate, Tool, S. Williams, and T. Williams; also Senator Mutzebaugh--Concerning administration of the excise tax on fuel, and making an appropriation in connection therewith..

Finance

Appropriations

COMMITTEE OF REFERENCE REPORT

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:

TEACHER AND SPECIAL SERVICES

PROFESSIONAL STANDARDS BOARD

for a term expiring July 1, 1998:

Nancy M. Sanders of Boulder, Colorado, to serve as a faculty member and to fill a vacancy occasioned by the resignation of Gary Galluzzo.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

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 98-1228 by Rep. C. Berry; Sen. Powers--Refund Excess By Temp Income Rate Reduc

Laid over until Tuesday, April 21, retaining its place on the calendar.

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

of the for consideration of General Orders and Senator Tebedo was called to the Chair to act

Whole as Chairman.

GENERAL ORDERS--SECOND READING OF BILLS

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

HB 98-1396 by Rep. Entz; Sen. Bishop--Special Hunting Licenses

Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment

(Printed in Senate Journal, April 13, page 750.)

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

HB 98-1390 by Rep. Kaufman; Senator Matsunaka--Authorizing Joint Zoning Boards

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, April 13, page 751.)

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

HB 98-1144 by Rep. Sullivant; Senator Bishop--Securing Aggregate Materials

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, April 13, page 757.)

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

HB 98-1112 by Rep. Swenson; Sen. Hopper--Elderly & Disabled Assistance Grants

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

HB 98-1391 by Rep. S. Johnson; Sen. Bishop--Modification Of Health Plan Benefits

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, April 15, page 822.)

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

HB 98-1171 by Rep. Arrington; Senator Coffman--Charter School Regulation Waivers

(Amended in General Orders as printed in Senate Journal, March 20, page 519.)

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

SB 98-193 by Sen. Wells; Rep. Tucker--Rocky Mountain Pres Prim Task Force

Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment

(Printed in Senate Journal, April 15, page 822.)

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

SB 98-190 by Sen. Matsunaka; Rep. Kreutz--Revisor's Bill

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, April 15, page 830.)

Amendment No. 2, by Senator Matsunaka

Amend printed bill, page 30, after line 17, insert the following:


SB 98-190


(Cont.)

"SECTION 57.  18­4­702 (1) (g), (1) (f), and (3) (d), Colorado Revised Statutes, as amended by House Bill 98-1041, enacted at the Second Regular Session of the Sixty-first General Assembly, are amended to read:

18­4­702.  Civil action ­ damages. (1) (g)  There shall be a rebuttable presumption that a violation of section 18­4­701 (2) (d) has occurred if a person possesses ten or more devices or printed circuit boards. If such rebuttable presumption is not overcome, the court shall find that such person committed civil theft of cable service willfully and for purposes of commercial advantage or private financial gain and shall increase the damages award in accordance with paragraph (a) of subsection (3) of this section.

(h)  There shall be a rebuttable presumption that a violation of section 18­4­701 (2) (e) has occurred if the person, while engaging in any of the prohibited acts, made apparent to the buyer that the product would enable the buyer to obtain cable service without payment to a cable operator. If such rebuttable presumption is not overcome, the court shall find that such person committed civil theft of cable service willfully and for purposes of commercial advantage or private financial gain and shall increase the damages award in accordance with paragraph (a) of subsection (3) of this section.

(3) (d)  For purposes of this subsection (3), "private financial gain" shall not include the monetary gain realized by an individual avoiding monthly cable service bills as a result of the individual's private use of unauthorized programming.".

Renumber succeeding section accordingly.

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

SB 98-181 by Sen. Alexander--Environmental Education

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

The following bills on the General Orders calendar of Monday, April 20, were laid over until Tuesday, April 21, retaining their place on the calendar:

HB 98-1378; SB 98-166; HB 98-1379, 98-1272; SCR 98-4; HB 98-1152, 98-1203, 98-1306, 98-1183.

ROLL CALL VOTE ON SB 98-181

SB 98-181 by Sen. Alexander--Environmental Education

On the request of Senator Feeley, the President ordered a roll call vote on SB 98-181.

Call of Call of Senate.

Senate

Call Raised.


YES 19


NO 14


EXCUSED 2


ABSENT 0


Alexander

Y

Feeley

N

Mutzebaugh

YE

Tanner

N

Ament

Y

Hernandez

N

Pascoe

N

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

E

Thiebaut

N

Bishop

YY

Johnson

N

Phillips

N

Wattenberg

Y

Blickensderfer

Y

Lacy

E

Powers

Y

Weddig

N

Chlouber

Y

Lamborn

Y

Reeves

N

Wells

Y

Coffman

Y

Linkhart

N

Rizzuto

Y

Wham

N

Congrove

Y

Martinez

N

Rupert

N

Mr. President

Y

Dennis

Y

Matsunaka

N

Schroeder

Y


ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

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

SB 98-181; HB 98-1112, declared passed on Second Reading.

SB 98-193 as amended, 98-190 as amended; HB 98-1396 as amended, 98-1390 as amended, 98-1144 as amended, 98-1391 as amended, 98-1171 as amended, declared passed on Second Reading.

HB 98-1378; SB 98-166; HB 98-1379, 98-1272; SCR 98-4; HB 98-1152, 98-1203, 98-1306, 98-1183, laid over until Tuesday, April 21, retaining their place on the calendar.

COMMITTEE OF REFERENCE REPORTS

Approp- After consideration on the merits, the committee recommends that the following be

riations referred favorably to the Committee of the Whole: HCR 98-1001

Approp- After consideration on the merits, the committee recommends that SB 98-194 be

riations amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, strike lines 25 and 26 and substitute the following:

"(a)  "CASH FUND" MEANS ANY FUND, OTHER THAN THE STATE GENERAL FUND CREATED BY SECTION 24­75­201 AND ANY FEDERAL FUND, ESTABLISHED BY LAW FOR A SPECIFIC PROGRAM OR PURPOSE.".

Page 4, line 1, after "(b)", insert "(I)";

line 4, strike "(I)" and substitute "(A)";

line 5, strike "(II)" and substitute "(B)";

line 6, strike "(III)" and substitute "(C)";

line 8, strike "(IV)" and substitute "(D)";

after line 8, insert the following:

"(II)  "ENTITY" DOES NOT INCLUDE ANY ENTERPRISE OR ANY SPECIAL PURPOSE AUTHORITY.

(c)  "EXCESS UNCOMMITTED RESERVES" MEANS THE AMOUNT OF UNCOMMITTED RESERVES FOR A CASH FUND THAT EXCEEDS THE TARGET RESERVE AMOUNT FOR THAT CASH FUND.";

line 9, strike "(c)" and substitute "(d)";

line 18, strike "TAXES." and substitute "TAXES;";

strike lines 19 through 21 and substitute the following:

"(V)  ANY MONEYS RECEIVED FROM CHARGES OR ASSESSMENTS, THE AMOUNT OF WHICH ARE NOT DETERMINED BY THE ENTITY;

(VI)  ANY MONEYS RECEIVED FROM GIFTS OR DONATIONS;

(VII)  ANY MONEYS RECEIVED FROM LOCAL GOVERNMENT GRANTS OR CONTRACTS;

(VIII)  ANY MONEYS RECEIVED THROUGH DIRECT TRANSFERS FROM ANOTHER ENTITY;

(IX)  ANY MONEYS RECEIVED AS INTEREST OR OTHER INVESTMENT INCOME.


SB 98-194


(Cont.)

(e)  "NONMONETARY CURRENT ASSET" MEANS AN ASSET THAT EITHER CANNOT BE CONVERTED TO CASH OR IS HELD WITH THE INTENT OF BEING USED RATHER THAN BEING CONVERTED TO CASH.

(f)  "TARGET RESERVE" MEANS SIXTEEN AND FIVE­TENTHS PERCENT OF THE AMOUNT EXPENDED FROM A CASH FUND DURING THE FISCAL YEAR.

(g)  "UNCOMMITTED RESERVES" MEANS THE FUND BALANCE OF A CASH FUND AS OF JUNE 30 OF ANY FISCAL YEAR, MINUS THE FOLLOWING:";

strike lines 23 through 25 and substitute the following:

"(II)  ANY ENCUMBERED BUT UNEXPENDED REVENUES AND ANY UNENCUMBERED REVENUES PREVIOUSLY APPROPRIATED FOR CAPITAL CONSTRUCTION OR OTHER MULTIYEAR PURPOSES;";

line 26, after "NONMONETARY", insert "CURRENT".

Page 5, line 1, before "INVENTORY", insert "CONSUMABLE" and strike "EXPENSES." and substitute "EXPENSES;";

after line 1, insert the following:

"(IV)  ANY PORTION OF THE REVENUES CREDITED TO THE CASH FUND THAT IS ESTIMATED TO BE DERIVED FROM NON­FEE SOURCES. THE ESTIMATE SHALL BE EQUAL TO THE PORTION OF TOTAL REVENUES RECEIVED FROM NON­FEE SOURCES IN THE PRIOR FISCAL YEAR.";

line 3, strike "SIXTEEN AND" and substitute "THE TARGET RESERVE,";

strike line 4;

line 5, strike "DURING THAT FISCAL YEAR,";

line 6, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 14, strike "SIXTEEN AND FIVE­TENTHS" and substitute "THE TARGET RESERVE FOR THE";

strike line 15;

line 21, strike "SIXTEEN" and substitute "THE TARGET RESERVE";

strike line 22;

line 23, strike "FUND".

Page 6, line 1, strike "RESERVE AMOUNT" and substitute "MINIMUM RESERVE AMOUNT THAT EXCEEDS THE TARGET RESERVE";

line 2, strike "RESERVE AMOUNT" and substitute "MINIMUM RESERVE AMOUNT THAT EXCEEDS THE TARGET RESERVE";

line 3, before "RESERVE", insert "MINIMUM";

line 5, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

strike line 8 and substitute the following:

"MORE THAN THE MINIMUM RESERVE AMOUNT OTHERWISE SPECIFIED FOR THE CASH";

line 12, strike "SIXTEEN AND" and substitute "THE TARGET RESERVE";

strike line 13;

line 15, strike "RESERVE AMOUNT" and substitute "MINIMUM RESERVE AMOUNT THAT EXCEEDS THE TARGET RESERVE";

line 17, before "RESERVE", insert "MINIMUM";

strike lines 19 and 20 and substitute the following:


SB 98-194


(Cont.)

"GIVEN FISCAL YEAR EXCEEDS THE TARGET RESERVE OR A GREATER MINIMUM";

line 21, after "SPECIFIED", insert "FOR THE CASH FUND";

line 23, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

strike line 26 and substitute the following:

"YEAR THAT DOES NOT EXCEED THE TARGET RESERVE OR THE GREATER MINIMUM RESERVE AMOUNT OTHERWISE SPECIFIED FOR THE CASH FUND IN THE CONSTITUTION OR BY LAW.".

Page 7, strike lines 1 through 3;

strike line 8 and substitute the following:

"CONTRIBUTED BY EACH ENTITY TO THE EXCESS UNCOMMITTED RESERVES.";

line 11, strike "FUND, AS AUTHORIZED BY THE GENERAL" and substitute "FUND.";

strike line 12;

line 14, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 19, strike "PROMULGATION," and substitute "PROMULGATION OR ADOPTION,";

line 24, before "REDUCES", insert "THAT".

Page 8, line 15, strike "FUND." and substitute "FUND;";

after line 15, insert the following:

"(f)  ANY CASH FUND WITH UNCOMMITTED RESERVES OF LESS THAN FIFTY THOUSAND DOLLARS;

(g)  THE HIGHWAY USERS' TAX FUND AND THE STATE HIGHWAY FUND; EXCEPT THAT THE EMERGENCY MEDICAL SERVICES ACCOUNT CREATED IN SECTION 25­3.5­603, C.R.S., THE DISTRIBUTED DATA PROCESSING SYSTEM SPECIAL PURPOSE ACCOUNT CREATED IN SECTION 42­1­211 (2), C.R.S., AND THE AIR ACCOUNT CREATED IN SECTION 42­3­134 (26), C.R.S., INCLUDED IN THE HIGHWAY USERS' TAX FUND SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION;

(h)  THE PETROLEUM STORAGE TANK FUND CREATED IN SECTION 8­20.5­103, C.R.S.;

(I)  THE HAZARDOUS SUBSTANCE RESPONSE FUND CREATED IN SECTION 25­16­104.6, C.R.S.; AND

(j)  THE LAND AND WATER MANAGEMENT FUND CREATED IN SECTION 36­1­148, C.R.S.".

Page 9, line 8, after the period, add "SUCH REPORT SHALL BE DELIVERED TO THE OFFICE OF STATE PLANNING AND BUDGETING AND TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY ON OR BEFORE SEPTEMBER 20 OF EACH YEAR.".

Page 10, line 8, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 13, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 19, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 24, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 11, line 12, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";


SB 98-194


(Cont.)

line 17, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 12, line 13, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 17, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 24, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 13, line 4, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 23, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 14, line 2, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 8, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 13, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 15, line 6, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 11, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 16, line 4, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 9, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 21, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 26, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 17, line 19, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 24, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 18, line 16, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 21, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 19, line 15, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 20, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 20, line 13, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 18, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 21, line 12, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 17, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 22, line 11, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 16, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 24, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 23, line 3, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

strike lines 6 through 19.


SB 98-194


(Cont.)

Renumber succeeding sections accordingly.

Page 23, line 24, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 24, line 3, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 11, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 16, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 25, line 3, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 8, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 14, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 19, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 26, line 15, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 20, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 27, line 10, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 14, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 28, line 7, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 11, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 22, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 29, line 2, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 14, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 20, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 26, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 30, line 5, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 12, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 17, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 31, line 8, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 13, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 20, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 25, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 32, line 5, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 10, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 16, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 22, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".


SB 98-194


(Cont.)

Page 33, line 2, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 7, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 18, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 22, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 34, line 8, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 12, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 21, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 26, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 36, line 5, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 10, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 37, line 15, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 24, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 38, line 18, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 22, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 39, line 17, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 21, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 40, line 17, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 22, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 41, line 9, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 14, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 25, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 42, line 4, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 10, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 15, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 43, line 8, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 13, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 20, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 25, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 44, line 24, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 45, line 3, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";


SB 98-194


(Cont.)

line 19, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 24, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 47, line 9, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 14, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

strike lines 17 through 26.

Page 48, strike lines 1 and 2;

Renumber succeeding sections accordingly.

Page 48, line 7, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 12, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 49, line 6, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 11, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 50, line 8, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 12, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 51, line 19, strike "24­75­403" and substitute "24­75­402";

line 23, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 24, strike "24­75­403" and substitute "24­75­402".

Page 52, line 10, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 15, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 22, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 26, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 53, line 13, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 18, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

after line 20, insert the following:

"SECTION 63.  34­32­127, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

34­32­127.  Mined land reclamation fund ­ created ­ fees ­ fee adjustments. (3)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN SUBSECTION (2) OF THIS SECTION, THE BOARD BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­402 (3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE BOARD BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­402 (4), C.R.S.

SECTION 64.  34­32.5­125, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:


SB 98-194


(Cont.)

34­32.5­125.  Mined land reclamation fund ­ fees. (2)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN SUBSECTION (1) OF THIS SECTION, THE BOARD BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­402 (3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE BOARD BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­402 (4), C.R.S.".

Renumber succeeding sections accordingly.

Page 54, line 5, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 10, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 22, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 55, line 1, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 7, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 12, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 19, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 23, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 56, line 18, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 23, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 57, line 16, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 21, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 59, line 2, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 7, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 14, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 19, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 60, line 7, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 12, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 23, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 61, line 11, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 17, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 24, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 62, line 4, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 10, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 16, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 21, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".


SB 98-194


(Cont.)

Page 63, line 1, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 8, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 14, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 64, line 12, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 16, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 25, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 65, line 4, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 14, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 19, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 26, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 66, line 5, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 12, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 17, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 67, line 5, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 10, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 68, line 1, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 5, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 13, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 18, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 24, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 69, line 4, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 15, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 19, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 26, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 70, line 5, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 11, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 16, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

after line 17, insert the following:

"SECTION 92.  40­3.4­108 (2), Colorado Revised Statutes, is amended to read:


SB 98-194


(Cont.)

40­3.4­108.  Funding ­ federal requirements ­ program participation ­ low­income telephone assistance fund. (2) (a)  Upon collecting the charge imposed pursuant to subsection (1) of this section, each provider may retain, from the total charges collected, an amount sufficient to reimburse such provider for its provision of low­income telephone assistance and shall transmit the remaining portion of the total charges collected to the state treasurer, who shall credit the same to the low­income telephone assistance fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs incurred by the department of human services under this article.

(b)  THE LOW­INCOME TELEPHONE ASSISTANCE FUND MAY MAINTAIN AN AMOUNT OF UNCOMMITTED RESERVES, AS DEFINED IN SECTION 24­75­402 (2) (g), C.R.S., THAT SHALL NOT EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS.".

Renumber succeeding sections accordingly.

Page 71, line 9, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 14, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 72, line 6, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 11, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 23, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 73, line 2, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 9, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 14, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 21, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 74, line 1, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 9, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 14, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 21, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 75, line 1, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 14, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 19, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 76, line 1, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 7, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 77, line 5, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 10, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 21, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 26, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 78, line 13, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 18, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 24, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".


SB 98-194


(Cont.)

Page 79, line 3, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 10, strike "ANY" and substitute "THE FEES IN PARAGRAPH (e) OF SUBSECTION (11) AND PARAGRAPH (b) OF SUBSECTION (16) OF ";

line 11, strike "FEE IN";

line 12, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 17, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 23, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 80, line 3, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 15, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 21, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 81, line 2, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 7, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 19, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 25, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 82, line 6, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 11, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 18, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 23, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 83, line 4, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 10, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 24, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 84, line 3, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 25, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 85, line 4, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 10, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 16, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 87, line 1, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 6, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 21, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 26, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Page 88, line 11, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 16, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";


SB 98-194


(Cont.)

line 18, strike "42­6­137 (6)," and substitute "42­6­137,";

line 19, after "amended", insert "BY THE ADDITION OF A NEW SUBSECTION";

strike lines 20 through 26 and substitute the following:

"42­6­137.  Fees. (7)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE DIRECTOR BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION".

Page 89, line 2, strike "THE FEE" and substitute "ONE OR MORE OF THE FEES";

line 4, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW" and strike "THE FEE" and substitute "ONE OR MORE OF THE FEES";

line 11, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW";

line 16, after "RULE", insert "OR AS OTHERWISE PROVIDED BY LAW".

Business The Committee on Business Affairs and Labor has had under consideration and has had a

Affairs hearing on the following appointments and recommends that the appointments be

and Labor confirmed:

BOARD OF REAL ESTATE APPRAISERS

for a term expiring July 1, 2000:

Thomas H. Evans of Colorado City, to serve as a public member, appointed;

William M. James of Denver, Colorado, to serve as a representative of real estate appraisers, appointed;

James A. Holmes of Denver, Colorado, to serve as a public member, appointed.

MESSAGE FROM THE HOUSE

April 20, 1998

Mr. President:

The House has adopted the First Report of the First Conference Committee on SB98-076, as printed in House Journal, April 8, pages 1246-1247, and has repassed the bill as so amended. The bill is returned herewith.

The House has adopted the First Report of the First Conference Committee on SB98-171, as printed in House Journal, April 17, pages 1372-1375, and has repassed the bill as so amended. The bill is returned herewith.

The House has adopted the First Report of the First Conference Committee on HB98-1059, as printed in House Journal, April 17, pages 1371-1372, and has repassed the bill as amended.


FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB 98-76

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

THIS REPORT AMENDS THE

REREVISED BILL

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

To the President of the Senate and the

Speaker of the House of Representatives:


SB 98-76


(Cont.)

Your first conference committee appointed on SB 98-76, concerning the acknowledgment of instruments, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 5, after line 10, insert the following:

"(2)  FOR EACH NOTARIAL ACT, A NOTARY'S JOURNAL MAY CONTAIN THE FOLLOWING INFORMATION:

(a)  THE TYPE AND DATE OF THE NOTARIAL ACT;

(b)  THE TITLE OR TYPE OF DOCUMENT OR PROCEEDING THAT WAS NOTARIZED AND THE DATE OF SUCH DOCUMENT OR PROCEEDING, IF DIFFERENT THAN THE DATE OF THE NOTARIZATION;

(c)  THE NAME OF EACH PERSON WHOSE OATH, AFFIRMATION, ACKNOWLEDGMENT, AFFIDAVIT, DECLARATION, DEPOSITION, PROTEST, VERIFICATION, OR OTHER STATEMENT IS TAKEN;

(d)  THE SIGNATURE AND ADDRESS OF EACH PERSON WHOSE OATH, AFFIRMATION, ACKNOWLEDGMENT, AFFIDAVIT, DECLARATION, DEPOSITION, PROTEST, VERIFICATION, OR OTHER STATEMENT IS TAKEN;

(e)  THE SIGNATURE, PRINTED NAME, AND ADDRESS OF EACH WITNESS TO THE NOTARIZATION;

(f)  ANY OTHER INFORMATION THE NOTARY CONSIDERS APPROPRIATE TO RECORD THAT CONCERNS THE NOTARIAL ACT.";

line 12, strike "(2)" and substitute "(3)";

line 17, strike "(2)," and substitute "(3),".

Page 8, strike lines 16 through 19.

Renumber succeeding section accordingly.

2. That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendment be recommended:

Amend rerevised bill, page 5, after line 16, insert the following:

"(b)  NOTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (3) TO THE CONTRARY, NO FIRM, EMPLOYER, OR PROFESSIONALLY LICENSED PERSON SHALL PROHIBIT AN EMPLOYEE WHO IS A NOTARY FROM MAINTAINING A JOURNAL OF HIS OR HER NOTARIAL ACTS IN THE REGULAR COURSE OF BUSINESS OF SUCH FIRM, EMPLOYER, OR PROFESSIONALLY LICENSED PERSON.";

line 17, strike "(b)" and substitute "(c)";

line 19, after "LAWYER,", insert "TITLE INSURANCE COMPANY, TITLE INSURANCE AGENT,".

Page 7, line 2, strike "THREE" and substitute "FIVE".

Respectfully submitted,

Senate Committee: House Committee:

(Signed) (Signed)

Sen. William R. Schroeder, Jr. Chair Rep. Joyce R. Lawrence, Chair

Sen. Frank O. Weddig Rep. Barry Arrington

Sen. Ben Alexander Rep. Jeannie G. Reeser



FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB 98­171

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

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 SB 98­171, concerning modification of the "Metropolitan Football Stadium District Act", and, in connection therewith, establishing biennial district elections and modifying the terms of the agreement that the board of directors negotiates with a national football league franchise, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 3, line 1, strike "JULY 1, 1998," and substitute "THE EFFECTIVE DATE OF THIS SUBSECTION (1.5),";

strike lines 4 through 23 and substitute the following:

"(a)  THAT AREA WITHIN THE CITY OF LONE TREE, STATE OF COLORADO, THAT, AS OF THE EFFECTIVE DATE OF THIS SUBSECTION (1.5), IS ZONED FOR COMMERCIAL USE AND IS WITHIN SECTIONS 3, 4, AND 5, TOWNSHIP 6 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF DOUGLAS, STATE OF COLORADO; AND

(b)  THAT AREA EAST OF YOSEMITE STREET, SOUTH OF COUNTY LINE ROAD, WEST OF INTERSTATE 25 AND WITHIN SECTION 3, TOWNSHIP 6 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF DOUGLAS, STATE OF COLORADO.".

Page 8, strike lines 20 through 25.

Renumber succeeding sections accordingly.

Page 16, strike lines 1 through 5 and substitute the following:

"TO:

(a)  PAY UP TO TWO HUNDRED SIXTY­SIX MILLION DOLLARS FOR THE PRINCIPAL AMOUNT OF SPECIAL OBLIGATION BONDS, PLUS INTEREST AND PREPAYMENT PENALTY, IF ANY, FOR SUCH BONDS, PLUS AN AMOUNT THE NET PRESENT VALUE OF WHICH SHALL NOT EXCEED SEVENTY­FIVE MILLION DOLLARS, WHICH NET PRESENT VALUE SHALL BE CALCULATED AS OF JANUARY 1, 2001, BASED ON AN EIGHT PERCENT DISCOUNT RATE; AND

(b)  PROVIDE COVERAGE RATIOS FOR THE BONDS AND THE NET PRESENT VALUE AMOUNT AS DETERMINED BY THE BOARD TO BE MOST ADVANTAGEOUS TO THE DISTRICT AND THE TAXPAYERS.".

Page 23, line 3, strike "(1) (b) and (1) (e)," and substitute "(1) (b),";

line 4, strike "are" and substitute "is";

strike lines 14 through 22.

2.  That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendment be recommended:

Amend rerevised bill, page 4, line 1, strike "and (3)," and substitute "(3), and (5) (c),".

Page 8, after line 19, insert the following:


SB 98-171


(Cont.)

"(5)  In carrying out its duties in connection with the operation of the stadium, the board shall duly consider:

(c)  That no person or business be awarded a food and beverage concession contract allowing such person or business to occupy more than twenty­five NOT LESS THAN FIFTEEN percent of the total square footage allocated for food and beverage sales at Mile High stadium if it is renovated or at the new stadium SHALL BE OCCUPIED, EITHER DIRECTLY OR THROUGH SUBCONTRACTS, BY PERSONS OR BUSINESSES THAT MAINTAIN THEIR PRINCIPAL PLACE OF BUSINESS IN COLORADO.

SECTION 3.  32­15­106, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

32­15­106.  Board of directors ­ powers and duties. (7)  IN DESIGNING AND CONSTRUCTING A STADIUM PURSUANT TO THIS ARTICLE, THE BOARD MAY CONSIDER THE TECHNICAL AND ECONOMIC FEASIBILITY OF INCLUDING A RETRACTABLE ROOF OVER SUCH STADIUM; EXCEPT THAT:

(a)  NO CONSTRUCTION COSTS FOR A RETRACTABLE DOME SHALL BE PART OF THE BALLOT ISSUE PROPOSED, NOR SHALL ANY SUCH COSTS BE PAID BY ANY BONDS, TAXES, OR OTHER REVENUES ISSUED UNDER THIS ARTICLE; AND

(b)  THE BOARD SHALL NOT AUTHORIZE THE CONSTRUCTION OF A RETRACTABLE ROOF WITHOUT PRIOR SPECIFIC STATUTORY AUTHORIZATION IF ANY PORTION OF THE COSTS OF CONSTRUCTION OF SUCH RETRACTABLE ROOF SHALL BE PAID OR FUNDED BY ANY TAX OR OTHER REVENUES OF THE DISTRICT.".

Renumber succeeding sections accordingly.

Page 9, line 1, after "(1) (d) (I) (B),", insert "(1) (d) (II),".

Page 14, after line 1, insert the following:

"(II)  Except as otherwise provided in subparagraph (III) of this paragraph (d), the ballot title shall be a statement of the language included in the question set forth in SUB­SUBPARAGRAPH (B) OF subparagraph (I) of this paragraph (d); except that the title SHALL SUBSTITUTE THE WORDS "THE METROPOLITAN FOOTBALL STADIUM DISTRICT DEBT SHALL BE INCREASED" FOR "SHALL THE METROPOLITAN FOOTBALL STADIUM DISTRICT DEBT BE INCREASED", shall substitute the words "THE METROPOLITAN FOOTBALL STADIUM DISTRICT TAXES SHALL BE INCREASED" for the words "SHALL THE METROPOLITAN FOOTBALL STADIUM DISTRICT TAXES BE INCREASED", and shall substitute the words "THE METROPOLITAN FOOTBALL STADIUM DISTRICT PROCEEDS OF SUCH DEBT AND TAXES AND ANY INVESTMENT INCOME THEREFROM AND ANY OTHER REVENUES OF THE DISTRICT SHALL BE AUTHORIZED" for the words "SHALL THE METROPOLITAN FOOTBALL STADIUM DISTRICT BE AUTHORIZED THE PROCEEDS OF SUCH DEBT AND TAXES AND ANY INVESTMENT INCOME THEREFROM AND ANY OTHER REVENUES OF THE DISTRICT BE", and the title shall end with a period instead of a question mark.".

Page 24, after line 17, insert the following:

"SECTION 17.  Article 15 of title 32, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:


SB 98-171


(Cont.)

32­15­125.5.  No action maintainable.  AN ACTION OR PROCEEDING, AT LAW OR IN EQUITY, TO REVIEW ANY ACT, RESOLUTION, OR PROCEEDING OR TO QUESTION THE VALIDITY OR TO ENJOIN THE PERFORMANCE OF ANY ACT, RESOLUTION, OR PROCEEDING RELATED TO THE ISSUANCE OF ANY BONDS OR FOR ANY OTHER RELIEF AGAINST OR FROM ANY ACT, RESOLUTION, OR PROCEEDING DONE UNDER THIS ARTICLE WITH RESPECT TO THE FINANCING OF THE STADIUM, THE ELECTION PROVIDED IN THIS ARTICLE, OR THE ACTIONS OF THE BOARD PURSUANT TO SECTION 32­15­106 (1) (a) TO (1) (g), (3), OR (5), SECTION 32­15­107, OR SECTIONS 32­15­110 TO 32­15­113, OR THE VALIDITY OR EXECUTION OF THE MANAGEMENT AGREEMENT PURSUANT TO SECTION 32­15­121 OR THE VALIDITY OR EXECUTION OF THE LEASE PURSUANT TO SECTION 32­15­122, WHETHER BASED UPON IRREGULARITIES OR JURISDICTIONAL DEFECTS, SHALL NOT BE MAINTAINED, UNLESS COMMENCED WITHIN THIRTY DAYS AFTER THE PERFORMANCE OF THE ACT, RESOLUTION, OR PROCEEDING OR AFTER THE EFFECTIVE DATE THEREOF, WHICHEVER IS EARLIER, AND SHALL BE THEREAFTER PERPETUALLY BARRED.".

Renumber succeeding sections accordingly.

Page 1, line 103, strike "ESTABLISHING BIENNIAL DISTRICT ELECTIONS" and substitute "EXPANDING THE BOUNDARIES OF THE DISTRICT".

Respectfully submitted,

Senate Committee: House Committee:

(Signed) (Signed)

Sen. Elsie Lacy, Chair Rep. Doug Dean, Chair

Sen. Dave Wattenberg Rep. Vickie Agler

Sen. Ed Perlmutter

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 98-1016

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

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 98-1016, concerning regulation of architects by the state board of examiners of architects, 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 2, strike line 16, and substitute the following:

"(b)  AN ARCHITECT'S PROFESSIONAL SERVICES, UNLESS PERFORMED PURSUANT TO THE EXEMPTIONS SET FORTH IN SECTION 12­4­112 BY A PERSON WHO IS NOT AN ARCHITECT, MAY INCLUDE ANY".

Page 3, strike lines 4 through 6.

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Tambor Williams, Chair Sen. William R. Schroeder, Jr., Chair

Rep. Lola Spradley Sen. Tilman M. Bishop

Rep. Penfield Tate III Sen. Patricia Hill Pascoe

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB 98­1312

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

THIS REPORT AMENDS THE

REREVISED BILL

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

To the President of the Senate and the

Speaker of the House of Representatives:


HB 98-1312


(Cont.)

Your first conference committee appointed on HB 98­1312, concerning the state employee compensation law, 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 10, strike line 20 and substitute the following:

"UNLESS THE GENERAL ASSEMBLY, ACTING BY BILL, ESTABLISHES A DIFFERENT EFFECTIVE DATE FOR THAT FISCAL YEAR OR THE GOVERNOR ORDERS OTHERWISE PURSUANT TO SECTION".

Page 17, strike line 5 and substitute the following:

"PATIENTS, RESIDENTS, AND INMATES OF STATE INSTITUTIONS OR STATE FACILITIES.".

Respectfully submitted,

House Committee: Senate Committee:

(Signed) (Signed)

Rep. Penn Pfiffner, Chair Sen. Tom Blickensderfer, Chair

Rep. Jack Taylor Sen. Doug Lamborn

Rep. Paul Zimmerman Sen. Terry L. Phillips

MESSAGE FROM THE GOVERNOR

April 20, 1998

To the Honorable Colorado Senate

Sixty­first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:

S.B. 98­002 Concerning an extension of the annual General Fund transfer to the Capital Construction Fund.

Approved April 20, 1998 at 10:07 a.m.

S.B. 98­114 Concerning the formulae by which public employee retirement benefits may be divided pursuant to a court­approved agreement entered into between parties to a domestic relations action.

Approved April 20, 1998 at 9:59 a.m.

S.B. 98­172 Concerning the elimination of the management fee imposed on the investment of certain state moneys by the state treasurer.

Approved April 20, 1998 at 10:06 a.m.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 4/20/98 2:55 p.m.

P. Dicks, Assistant Secretary


______________________________

On motion of Senator Wells, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30A(d) was suspended and notices of Tributes shall only be printed once in the calendar for the remaining of the session .

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the General Orders calendar of Monday, April 20, was laid over to follow the General Orders calendar of Tuesday, April 21, on the calendar of Tuesday, April 21.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Monday, April 20, was laid over until Tuesday, April 21, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring Rebecca Frank by Senators Bishop, Ament, Wattenberg and Representatives G. Berry, Smith and Entz

Honoring Bob Moston by Senators Bishop and Wattenberg and Representatives G. Berry and Smith

Memorializing Mary Shomer by Senator Thiebaut


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

April 21, 1998.

Attest: Approved:


Joan M. Albi Tom Norton

Secretary of the Senate President of the Senate