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 SB98-171, 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