Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Dr. Mel Taylor.
Roll Call Present--Total, 31.
Absent/Excused--Lamborn, Wattenberg--Total, 2.
Absent--Perlmutter, Rupert--Total, 2.
Present later--Lamborn, Perlmutter, Rupert.
Quorum The President announced a quorum present.
Reading of On motion of Senator Arnold, reading of the Journal of February 12th was dispensed with
Journal and the Journal stands approved as corrected
by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 98-176.
Services
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 appointments and recommends that the
Resources appointments be confirmed:
and Energy
for terms expiring April 15, 2001:
John T. Fielder of Greenwood Village, Colorado, to
serve as a member from the Sixth Congressional District and as
a Democrat, reappointed;
Jonathon Fred Niehaus of Highlands Ranch, Colorado,
to serve as a member from the Fifth Congressional District and
as a Republican, reappointed;
James R. Koncilja of Pueblo, Colorado, to serve as
a member from the Third Congressional District and as a Democrat,
reappointed.
Education After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: HB 98-1208
Education After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: HB 98-1095
Education After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: HB 98-1084
State, After consideration on the merits, the committee recommends that SB 98-133 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
SB 98-133
(Cont.)
Amend printed bill, page 2, line 3, strike "amended"
and substitute "amended, and the said 145103
is further amended BY THE ADDITION OF A NEW SUBSECTION,";
strike lines 12 through 18 and substitute the following:
"intention to seek election to public office
OR RETENTION OF A JUDICIAL OFFICE and THEREAFTER has received
a contribution in support of the candidacy. A person remains a
candidate for purposes of this article as long as the candidate
maintains a registered candidate committee. A PERSON WHO REMAINS
A CANDIDATE AFTER AN ELECTION CYCLE BY REASON OF THE MAINTENANCE
OF A REGISTERED CANDIDATE COMMITTEE, BUT WHO HAS NOT PUBLICLY
ANNOUNCED AN INTENTION TO SEEK ELECTION TO PUBLIC OFFICE IN THE
NEXT OR ANY SUBSEQUENT ELECTION CYCLE, IS AN UNDECLARED CANDIDATE
FOR PURPOSES OF THIS ARTICLE.
(14) "UNEXPENDED CAMPAIGN CONTRIBUTIONS"
MEANS THE BALANCE OF FUNDS ON HAND IN ANY CANDIDATE COMMITTEE
AT THE END OF AN ELECTION CYCLE, LESS THE AMOUNT OF ALL UNPAID
MONETARY OBLIGATIONS INCURRED PRIOR TO THE ELECTION IN FURTHERANCE
OF SUCH CANDIDACY.";
strike lines 21 and 22 and substitute the following:
"145104. Contribution
limits. (14) AN UNDECLARED CANDIDATE WHO IS AN
ELECTED AND SERVING STATE REPRESENTATIVE OR STATE SENATOR MAY
MAINTAIN A CANDIDATE COMMITTEE DURING SUCH PERSON'S TERM OF OFFICE
AND ACCEPT CONTRIBUTIONS, SUBJECT TO THE CONTRIBUTION LIMITS AND
THE LIMITS ON AGGREGATE TOTALS OF CONTRIBUTIONS THAT APPLY TO
SUCH OFFICE, FOR THE USES AND PURPOSES SET FORTH IN SECTION 145106.".
Page 3, strike lines 1 through 12;
line 13, strike "(1) and (2)," and substitute
"(1),";
line 14, strike "are" and substitute "is";
line 16, after "Unexpended", insert "CAMPAIGN".
Page 4, strike lines 16 through 26.
Page 5, strike line 1.
State, After consideration on the merits, the committee recommends that SB 98-51 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend printed bill, page 1, line 7, after the period,
add "THE DIRECTOR SHALL PROVIDE TO THE LEGISLATIVE COMMITTEE
OF REFERENCE A FINANCIAL IMPACT STATEMENT FOR ANY PROPOSED MANDATED
COVERAGE THAT RELATES TO EITHER THE STATE'S SHARE OF THE EMPLOYEE
BENEFIT PREMIUM OR THE STATE EMPLOYEE'S SHARE OF THE PREMIUM.".
State, After consideration on the merits, the committee recommends that SB 98-52 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend printed bill, page 2, strike line 17 and substitute
the following:
"NOT EXPEND FROM ITS GENERAL FUND APPROPRIATIONS
FOR A GIVEN FISCAL YEAR THAT";
line 24, strike "FIFTY PERCENT" and substitute
"TWENTYFIVE PERCENT".
Page 3, strike lines 7 through 11 and substitute
the following:
SB 98-52
(Cont.)
"GENERAL ASSEMBLY SHALL APPROPRIATE SEVENTYFIVE
PERCENT OF THE COST SAVINGS THAT EACH AGENCY REALIZES WITHIN ANY
GIVEN FISCAL YEAR TO THE CAPITAL CONSTRUCTION FUND CREATED UNDER
SECTION 2475302 (1), AS AMENDED BY SENATE BILL 98052,
ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTYFIRST
GENERAL ASSEMBLY, FOR THE PURPOSE OF FUNDING STATE HIGHWAY CONSTRUCTION,
RECONSTRUCTION, REPAIR, AND MAINTENANCE PROJECTS, FOR THE FISCAL
YEAR FOLLOWING";
strike lines 21 through 23 and substitute the following:
"ACHIEVE THE COST SAVINGS OR THAT SUCH COST
SAVINGS IS SUSTAINABLE FOR MORE THAN ONE FISCAL YEAR. EXCEPT AS
OTHERWISE PROVIDED IN THIS SUBSECTION (3), THE GENERAL ASSEMBLY
SHALL NOT USE A ONETIME COST SAVINGS AN AGENCY ACHIEVES
IN A GIVEN FISCAL YEAR TO JUSTIFY".
Page 4, after line 6, insert the following:
"SECTION 2. 2475302,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
2475302. Capital construction
fund capital assessment fees calculation.
(5) NOTWITHSTANDING ANY PROVISION OF THIS PART 3 TO
THE CONTRARY, ANY MONEYS APPROPRIATED TO THE CAPITAL CONSTRUCTION
FUND ON OR AFTER THE EFFECTIVE DATE OF THIS ACT AND IN ACCORDANCE
WITH SENATE BILL 98052, ENACTED AT THE SECOND REGULAR SESSION
OF THE SIXTYFIRST GENERAL ASSEMBLY, SHALL BE FOR THE PURPOSE
OF FUNDING STATE HIGHWAY CONSTRUCTION, RECONSTRUCTION, REPAIR,
AND MAINTENANCE PROJECTS.
SECTION 3 Effective
date. This act shall take effect at 12:01 a.m.
on the day following the expiration of the ninetyday period
after final adjournment of the general assembly that is allowed
for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum
petition is filed against this act or an item, section, or part
of this act within such period, then the act, item, section, or
part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation
of the governor.".
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee on Appropriations: SB 98-167
and Military
Affairs
Local After consideration on the merits, the committee recommends that SB 98-69 be
Government amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend printed bill, page 1, after line 1, insert
the following:
"SECTION 1. Legislative declaration.
(1) The general assembly finds, determines, and declares
that:
(a) The history of the State of Colorado,
and particularly the history of small mountain towns such as Central
City, Black Hawk, and Cripple Creek, is an important and necessary
part of our culture and heritage;
(b) The historic communities of Central
City, Black Hawk, and Cripple Creek represent a special part of
that history that can be seen in the distinctive architectural
style of the buildings that existed in those communities when
limited gaming was legalized there in 1990;
(c) The advocates of legalized limited
gaming proposed, and the voters accepted, Article XVIII, Section
9 (3) (b), of the Colorado Constitution partly as a means to preserve
the historic character of these three towns; and
SB 98-69
(Cont.)
(d) To that end, the amendment specifically
requires that limited gaming be conducted only in structures that
conform to the architectural styles and designs that were common
to the areas prior to World War I.
(2) The general assembly further finds,
determines, and declares that there is implicit in these requirements
an intention to maintain not only the style of pre-World War I
architecture, but also an appropriate scale. In 1918, the largest
structure in the Blackhawk/Central City mining district was the
Gregory Mill, which had a gross floor area of 40,000 square feet.
The largest structure in Cripple Creek at that time was the Gold
Coin Mine, also at 40,000 square feet. Therefore, it is permissible,
and indeed imperative, that the state act to limit the size of
the structures in which limited gaming shall be authorized.".
Renumber succeeding sections accordingly.
Page 2, strike lines 18 and 19 and substitute the
following:
"APPLICANT SEEKS THE REVIEW AND RECOMMENDATIONS
OF THE STATE HISTORICAL".
Page 3, line 10, strike "COMMISSION" and
substitute "COMMISSION, WITHIN SIXTY DAYS AFTER RECEIVING
NOTICE OF FINAL ACTION BY THE RESPONSIBLE LOCAL GOVERNMENTAL AGENCY,".
strike line 25.
Page 4, strike lines 1 and 2.
Committee On motion of Senator Bishop, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Bishop 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:
SB 98-107 by Sen. Matsunaka; Rep. Entz--Expeditious
Access To Medical Treatment
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, February 5, pages 170-171.)
Amendment No. 2, by Senator Matsunaka
Amend the committee amendment, as printed in the
Senate Journal, February 5, page 170, line 30, after "THE",
insert "PREVIOUSLY AUTHORIZED";
line 70, after "THE", insert "PREVIOUSLY
AUTHORIZED".
Page 171, after line 72, insert the following:
"Page 7, strike lines 2 through 6 and substitute
the following:
"(2) The provisions of section 3
of this act shall apply to all contracts for pricing and terms
for the administration of a prescription drug benefit negotiated,
renegotiated, or renewed by insurers subject to article 16 of
title 10, Colorado Revised Statutes, on or after the effective
date of this act. The remainder of this act shall apply to all
injuries that occur on or after the effective date of this act.".".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-16 by Sen. Coffman--Stadium Construction Performance
Bonds
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 98-8 by Sen. Wells; Rep. Adkins--Prelim Hearings
In Cl 46 Felonies
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, February 3, pages 155-156.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-37 by Sen. Lacy--Liquor Sales To Underage Persons
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, February 5, pages 165-167.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-73 by Sen. Matsunaka; Rep. McElhany--Landlord & Tenant Issues
(Amended in General Orders as printed in Senate Journal,
February 9, page 195.)
Amendment No. 1, by Senator Matsunaka
Amend the Business Affairs and Labor Committee amendment,
as printed in Senate Journal, February 5, page 170, after line
5, insert the following:
"SECTION 5. 84127
(3), Colorado Revised Statutes, is amended to read:
84127. Termination of occupancy
to a contract of employment legislative declaration.
(3) If an employee fails to vacate the premises within
three days after the receipt of the notice of termination of the
license to occupy the premises, the employer may contact a
local law enforcement agency THE
COUNTY SHERIFF to have the employee removed from the premises.
The local law enforcement officer
COUNTY SHERIFF shall remove the employee and any personal property
of the employee from the premises upon the showing to the local
law enforcement officer COUNTY SHERIFF
of the notice of termination of the license to occupy the premises
and agreement pursuant to which the license to occupy the premises
was granted.".
Renumber succeeding sections accordingly.
Amendment No. 2, by Senator Matsunaka
Amend the Business Affairs and Labor Committee amendment,
as printed in Senate Journal, February 5, page 169, strike line
7 and substitute the following:
"THE DEFECT;";
strike line 10 and substitute the following:
"LEASE IS TERMINATED; AND";
after line 10, insert the following:
"(d) A STATEMENT THAT THE LANDLORD
IS REQUIRED TO RETURN ALL OR ANY PORTION OF THE SECURITY DEPOSIT
HELD BY THE LANDLORD TO WHICH THE TENANT IS LAWFULLY ENTITLED
WITHIN THIRTY DAYS AFTER THE TENANT VACATES THE PREMISES, NOTWITHSTANDING
ANY PROVISION TO THE CONTRARY IN THE TENANT'S LEASE.".
SB 98-73 As amended, ordered engrossed and placed on the calendar for Third Reading and Final
(Cont.) Passage
SB 98-153 by Sen. Hernandez; Rep. Johnson--Pet Animal
Care
Laid over until Monday, February 16, retaining its
place on the calendar.
SB 98-46 by Sen. Arnold; Rep. Reeser--Emissions Requirements
Vehicle Sales
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, February 6, page 173.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-104 by Sen. Reeves--Access To Certified Nurse
Midwives
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, February 6, page 174.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-45 by Sen. Johnson; Rep. George--Public Trustee
Fees And Salaries
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, February 6, page 174.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-141 by Sen. Blickensderfer--Econ Devel Fund
Conditions
Laid over until Monday, February 16, retaining its
place on the calendar.
HB 98-1031 by Rep. Allen; Senator B. Alexander--Division
Of Occupational Education
Amendment No. 1, Education Committee Amendment
(Printed in Senate Journal, February 6, page 182.)
Amendment No. 2, by Senator Alexander
Amend reengrossed bill, page 27, line 15, strike
"loss of tuition or fees" and substitute "loss
of tuition or fees PECUNIARY LOSS";
line 17, strike "may" and substitute "may
SHALL".
Page 28, line 8, strike "loss of tuition or
fees" and substitute "loss
of tuition or fees PECUNIARY LOSS";
line 13, strike "a loss of tuition or fees"
and substitute "a loss of tuition
or fees PECUNIARY LOSS";
line 15, strike "a loss of tuition or fees"
and substitute "a loss of tuition
or fees PECUNIARY LOSS";
after line 18, insert the following:
"(4) ANY PERSON FILING A COMPLAINT ALLEGING A DECEPTIVE TRADE OR SALES PRACTICE PURSUANT TO THIS SECTION SHALL EXHAUST THE REMEDIES PROVIDED IN THIS SECTION PRIOR TO FILING A COMPLAINT WITH THE DISTRICT COURT ALLEGING A DECEPTIVE TRADE OR SALES PRACTICE.".
HB 98-1031 As amended, ordered revised and placed on the calendar for Third Reading and Final
(Cont.) Passage.
SB 98-137 by Sen. Wham; Rep. Adkins--Confidentiality
Of HIV Testing Records
Laid over until Monday, February 16, retaining its
place on the calendar.
SB 98-99 by Sen. Wham; Rep. Tool--Authorization For
Needle Exchange Prog
Laid over until Monday, February 16, retaining its
place on the calendar.
SB 98-119 by Sen. Alexander; Rep. Dean--Nonpaid State
Official Health Insurance
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, February 9, page 187.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-118 by Sen. Powers; Rep. Paschall--Rental Car
Agents Not Insurers
Amendment No. 1, Transportation Committee Amendment
(Printed in Senate Journal, February 9, page 187.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-48 by Sen. Powers; Rep. Epps--Recycling Of
Waste Tires And Plastics
Referred to Committee on Appropriations.
SB 98-34 by Sen. Powers; Representative Swenson--Alteration
Of Vehicle Configurations .
Laid over until Monday, February 16, retaining its
place on the calendar.
SB 98-84 by Sen. Mutzebaugh; Rep. Kaufman--Dealer
Registration & Titling Vehicles
Amendment No. 1, Transportation Committee Amendment
(Printed in Senate Journal, February 9, pages 189-190.)
As amended, laid over until Monday, February 16,
retaining its place on the calendar.
SB 98-147 by Sen. Powers; Rep. McElhany--Right To
Remedy Residential Construction
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, January 30, page 132.)
Amendment No. 2, by Senator Matsunaka
Amend the Business Affairs and Labor Committee amendment,
as printed in Senate Journal, January 30, page 132, strike lines
50 and 51 and substitute the following:
"(7) THIS SECTION SHALL APPLY ONLY
IF THE HOMEOWNER IS OR BECOMES THE OWNER OF THE RESIDENCE AND
THE CONSTRUCTION, ADDITION, ALTERATION, OR REPAIR IS COMPLETE.";";
line 57, change the period to a semicolon; after
line 57, insert the following:
"Page 6 of the printed bill, after line 4, insert the following:
SB 98-147
(Cont.)
"1320805. Statute
of limitations. NOTWITHSTANDING THE PROVISIONS
IN ARTICLE 80 OF THIS TITLE OR ANY OTHER PROVISION OF LAW TO THE
CONTRARY, IF THE TIME LIMITATIONS WITHIN WHICH A HOMEOWNER IS
REQUIRED TO BRING A CIVIL ACTION OR CAUSE OF ACTION AGAINST A
BUILDER CONCERNING A CONSTRUCTION MATTER WOULD OTHERWISE EXPIRE
ON OR BEFORE SIXTY DAYS AFTER THE HOMEOWNER SENDS NOTICE TO THE
BUILDER IN ACCORDANCE WITH SECTION 1320803 (1), SUCH
TIME LIMITATIONS SHALL BE TOLLED FOR SIXTY DAYS, BEGINNING ON
THE DATE THE HOMEOWNER SENT NOTICE TO THE BUILDER IN ACCORDANCE
WITH SECTION 1320803 (1).".
Amend printed bill, page 3, line 10, after "(1)",
insert "(a)";
line 12, strike "(a)" and substitute "(I)";
line 14, strike "(b)" and substitute "(II)";
line 16, strike "(c)" and substitute "(III)";
after line 17, insert the following:
"(b) "BUILDER"
DOES NOT INCLUDE A PERSON THAT SELLS HOME WARRANTY INSURANCE.".
Amendment No. 3, by Senator Matsunaka
Amend printed bill, page 6, line 4, after the period
insert the following:
"IF
AN OWNER FILES A CIVIL ACTION AND COUNSEL FAILS TO COMPLY WITH
THE NOTICE REQUIREMENT OF THIS PART 8, THEN THE OWNER SHOULD BE
GIVEN AN OPPORTUNITY TO SEND SUCH NOTICE UPON NOTIFICATION BY
THE COURT WITHIN 90 DAYS OF SUCH NOTIFICATION AND THE CIVIL ACTION
SHOULD BE STAYED PENDING COMPLIANCE WITH THIS SECTION.".
Amendment No. 4, by Senator Mutzebaugh
Amend the Business Affairs and Labor Committee amendment,
as printed in the Senate Journal, January 30, 1998, page 132,
line 28, after "NOTICE"
insert "BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE HOMEOWNER=S
ADDRESS".
Amend printed bill, page 6, line 4, strike "PART
8." and substitute the following:
"PART 8. SO LONG AS THE HOMEOWNER HAS COMPLIED
WITH THE PROCEDURES OF THIS PART 8 THEN THIS PART 8 SHALL NOT
AFFECT OR IMPAIR THE CERTIFICATION OF ANY CLASS ACTION NOR SHALL
THIS SECTION BE CONSIDERED BY A COURT IN ANY CIVIL ACTION IN DETERMINING
WHETHER THE CERTIFICATION OF A CLASS ACTION IS PROPER. THE HOMEOWNER
WILL HAVE 90 DAYS TO COMPLY WITH THIS SECTION BEFORE THEY CAN
BE DECERTIFIED FROM ANY CLASS ACTION OR A CIVIL ACTION IN DETERMINING
WHETHER THE CERTIFICATION OF A CLASS ACTION IS PROPER."
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-49 by Sen. Schroeder; Rep. May--Tax Exempt Internet & On Line Services
(Business Affairs and Labor Committee Amendment as
printed in Senate Journal, January 30, pages 132-135, declared
LOST on Second Reading.)
Amendment No. 1, by Senator Schroeder
Strike the committee amendment, as printed in Senate
Journal, January 30, page 132, lines 64 through 72, pages 133
and 134, and page 135, lines 1 through 43, and substitute the
following:
"Amend printed bill, strike everything below
the enacting clause, and substitute the following:
SB 98-49
(Cont.)
"SECTION 10 Legislative declaration.
(1) The general assembly finds, determines, and declares
that:
(a) Free and unfettered access by Colorado's
citizens to national and global communications media, including,
without limitation, the internet, is essential to citizen participation
in state and national affairs through the exchange of information
and the continued vitality of commerce at the state, national,
and international levels;
(b) Colorado's longterm economic
health and competitiveness visàvis the economies
of other states and nations, including the benefits of full employment
and the attraction of new businesses that may wish to locate here,
depend on creating a business environment that is conducive to
the continued growth of commerce via the internet and online
services;
(c) A patchwork of local fees and taxes,
or the addition of state fees and taxes to those already imposed
on business activity, will tend to discourage new investment,
reduce the number of jobs available in the state, and dissuade
consumers and employers from enjoying the economic, social, and
environmental benefits offered by use of the internet, including
but not limited to telecommuting, justintime inventory
control, and advance reservation of goods and services;
(d) The cost of forgoing these benefits,
even partially and even at a local level, will be borne by all
citizens of the state in the form of increased traffic congestion,
air pollution, a lower quality of life, and lost time and productivity.
Therefore, this act addresses a matter of statewide concern.
SECTION 20 Title 24, Colorado
Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE
to read:
ARTICLE 79
Limitations on Sources of Revenue
2479101. Limitation on
sources of revenue. (1) THE
STATE SHALL NOT IMPOSE ANY REGULATION, TAX, FEE, OR CHARGE, HOWEVER
DESIGNATED, UPON THE DIRECT CHARGES FOR PROVISION OF INTERNET
ACCESS SERVICES.
(2) NO PROVIDER OF INTERNET ACCESS SERVICES
SHALL BE REQUIRED TO COLLECT SALES OR USE TAXES FROM PERSONS WHO
PURCHASE TAXABLE PROPERTY OR SERVICES THROUGH USE OF THE INTERNET
UNLESS SUCH PROVIDER ACTS AS A VENDOR OF TAXABLE PROPERTY OR SERVICES.
(3) AS USED IN THIS SECTION:
(a) "INTERNET" MEANS
THE INTERNATIONAL COMPUTER NETWORK CONSISTING OF FEDERAL AND NONFEDERAL,
INTEROPERABLE, PACKETCONTROLLED, SWITCHED DATA NETWORKS.
(b) "INTERNET ACCESS SERVICES"
MEANS SERVICES THAT PROVIDE OR ENABLE COMPUTER ACCESS BY MULTIPLE
USERS TO THE INTERNET.
SECTION 30 Article 1 of title
29, Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW PART to read:
PART 10
LIMITATIONS ON SOURCES OF REVENUE
2911001. Exemption from
taxes, fees, and charges internet and online services.
(1) (a) NO STATUTORY OR HOME RULE CITY AND COUNTY, COUNTY,
CITY, OR TOWN, NOR ANY POLITICAL SUBDIVISION OF THE STATE, INCLUDING,
WITHOUT LIMITATION, A SPECIAL PURPOSE AUTHORITY, SPECIAL DISTRICT,
OR SCHOOL DISTRICT, SHALL IMPOSE ANY TAX, FEE, OR CHARGE, HOWEVER
DESIGNATED, UPON THE DIRECT CHARGES FOR PROVISION OF INTERNET
ACCESS SERVICES.
SB 98-49
(Cont.)
(b) PARAGRAPH (a) OF THIS SUBSECTION (1)
SHALL NOT APPLY TO ANY FRANCHISE FEE ON INTERACTIVE COMPUTER SERVICES
DELIVERED VIA A CABLE TELEVISION SYSTEM UNLESS THE FEDERAL COMMUNICATIONS
COMMISSION OR A COURT OF COMPETENT JURISDICTION DETERMINES THAT
SUCH SERVICES ARE NOT CABLE SERVICES WITHIN THE MEANING OF 47
U.S.C. SEC. 522 (6).
(2) NO PROVIDER OF INTERNET ACCESS SERVICES
SHALL BE REQUIRED TO COLLECT SALES OR USE TAXES FROM PERSONS WHO
PURCHASE TAXABLE PROPERTY OR SERVICES THROUGH USE OF THE INTERNET
UNLESS SUCH PROVIDER ACTS AS A VENDOR OF TAXABLE PROPERTY OR SERVICES.
(3) AS USED IN THIS SECTION:
(a) "INTERNET" MEANS
THE INTERNATIONAL COMPUTER NETWORK CONSISTING OF FEDERAL AND NONFEDERAL,
INTEROPERABLE, PACKETCONTROLLED, SWITCHED DATA NETWORKS.
(b) "INTERNET ACCESS SERVICES"
MEANS SERVICES THAT PROVIDE OR ENABLE COMPUTER ACCESS BY MULTIPLE
USERS TO THE INTERNET.
SECTION 40 3926114
(1) (a), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
3926114. Exemptions
disputes credits or refunds. (1) (a) There
shall be exempt from taxation under the provisions of this part
1 the following:
(XXVI) INTERNET ACCESS SERVICES, AS DEFINED
IN SECTION 2479101 (3), C.R.S.
SECTION 50 3926203
(1), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
3926203. Exemptions.
(1) This part 2 is declared to be supplementary to
the "Emergency Retail Sales Tax Law of 1935", part 1
of this article, and shall not apply:
(ff) TO INTERNET ACCESS SERVICES, AS DEFINED
IN SECTION 2479101 (3), C.R.S.
SECTION 60 Safety clause. The
general assembly hereby finds, determines, and declares that this
act is necessary for the immediate preservation of the public
peace, health, and safety.".".
Amendment No. 2, by Senators Tebedo and Mutzebaugh
Amend the Schroeder floor amendment, as printed in
Senate Journal, February 13, page 233, strike line 1 and substitute
the following:
"SECTION 10 Title
24, Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW ARTICLE to read:
ARTICLE 79
Limitations on Sources of Revenue
2479101. Legislative declaration.
(1) The general".
Page 2, strike lines 9 through 12;
line 13, strike "24-79-101."
and substitute "24-79-102.".
As amended, laid over until Monday, February 16,
retaining its place on the calendar.
The following bills on the General Orders calendar
of Friday, February 13, were laid over until Monday, February
16, retaining their place on the calendar:
SB 98-111, 98-145.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Bishop, 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 98-16, declared passed on Second Reading.
SB 98-107 as amended, 98-8 as amended, 98-37 as amended, 98-73 as amended, 98-46 as amended, 98-104 as amended, 98-45 as amended, 98-119 as amended, 98-118 as amended, 98-147 as amended; HB 98-1031 as amended, declared passed on Second Reading.
SB 98-48, referred to Committee on Appropriations.
SB 98-153, 98-141, 98-137, 98-99, 98-34, 98-111, 98-145, laid over until Monday, February 16, retaining their place on the calendar.
SB 98-84 as amended, 98-49 as amended, laid over
until Monday, February 16, retaining their place on the calendar.
COMMITTEE OF REFERENCE REPORTS
Trans- After consideration on the merits, the committee recommends that the following be
portation referred favorably to the Committee on
Appropriations: SB 98-28
Trans- After consideration on the merits, the committee recommends that the following be
portation postponed indefinitely: SB 98-86
Trans- After consideration on the merits, the committee recommends that the following be
portation postponed indefinitely: SB 98-146
Trans- After consideration on the merits, the committee recommends that the following be
portation postponed indefinitely: SB 98-64
Health, The Committee on Health, Environment, Welfare and Institutions has had under
Environment, consideration and has had a hearing on the following appointments and recommends that
Welfare and the appointments be confirmed:
Institutions
MEDICAL SERVICES BOARD
for terms expiring July 1, 2001:
Karen L. Fish of Denver, Colorado to serve as a representative
of the First Congressional District and as an Unaffiliated, appointed;
Mary E. Faules of Greeley, Colorado to serve as a
representative of the Fourth Congressional District and as an
Unaffiliated, reappointed;
Wendell Phillips of Colorado Springs, Colorado, to
serve as a representative of the Fifth Congressional District
and as a Republican, reappointed.
Health, The Committee on Health, Environment, Welfare and Institutions has had under
Environment, consideration and has had a hearing on the following appointments and recommends that
Welfare and the appointments be confirmed:
Institutions
STATE GRIEVANCE BOARD
for terms expiring July 1, 2000:
Dr. Lois A. Bergen of Palmer Lake, Colorado, to serve
as a licensed marriage and family therapist, reappointed;
Rex D. Filer of Alamosa, Colorado, to serve as a
licensed professional counselor, reappointed;
Dr. Judith R. Silver of Parker, Colorado, to serve
as a licensed psychologist, reappointed;
Walter T. Simon of Lakewood, Colorado, to serve as
a licensed social worker, reappointed;
Ellen A. Stevens of Westminster, Colorado, to serve
as a member of the general public, reappointed.
Health, After consideration on the merits, the committee recommends that SB 98-165 be
Environment, amended as follows and, as so amended, be referred to the Committee of the Whole with
Welfare and favorable recommendation:
Institutions
Amend printed bill, page 4, line 2, after "(b)",
insert "IN ADDITION TO THE PILOT PROGRAMS AUTHORIZED PURSUANT
TO THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (1), ANY
INTERESTED COUNTY OR GROUP OF INTERESTED COUNTIES MAY APPLY TO
THE STATE DEPARTMENT TO BE CONSIDERED AS ADDITIONAL PILOT SITES.";
line 3, after "THREE" insert "SUCH";
line 10, strike "(1)." and substitute "(1)
AND REAPPLIES PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH (b).".
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee on Appropriations: SB 98-134
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that the following be Environment, postponed indefinitely: SB 98-75
Welfare and
Institutions
Judiciary After consideration on the merits, the
committee recommends that SB 98-106 be amended as follows
and, as so amended, be referred to the Committee of the Whole
with favorable recommendation:
Amend printed bill, strike everything below the enacting
clause, and substitute the following:
"SECTION 10 Part 1 of article
9 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
189124. Hazing penalties.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "ENDANGERING THE MENTAL HEALTH"
MEANS ANY FORCED ACTIVITY, EXCEPT THOSE AUTHORIZED BY LAW, THAT
SUBJECTS AN INDIVIDUAL TO EXTREME MENTAL STRESS INCLUDING BUT
NOT LIMITED TO SLEEP DEPRIVATION, FORCED EXCLUSION FROM SOCIAL
CONTACT, OR ANY OTHER FORCED ACTIVITY THAT ADVERSELY AFFECTS THE
MENTAL HEALTH OF THE INDIVIDUAL.
(b) "ENDANGERING THE PHYSICAL
HEALTH OR SAFETY" MEANS ANY BRUTALITY OF A PHYSICAL NATURE
INCLUDING BUT NOT LIMITED TO: WHIPPING; BEATING; BRANDING; EXCESSIVE
FORCED CALISTHENICS; EXPOSURE TO THE ELEMENTS; FORCED CONSUMPTION
OF ANY SUBSTANCE INCLUDING BUT NOT LIMITED TO FOOD, FERMENTED
MALT BEVERAGE AS DEFINED IN SECTION 1246103 (1), C.R.S.,
ALCOHOLIC BEVERAGE, AS DEFINED IN SECTION 1247103
(2), C.R.S., DRUGS, CONTROLLED SUBSTANCES AS DEFINED IN SECTION
1818102 (5), C.R.S.; OR ANY OTHER FORCED PHYSICAL
ACTIVITY THAT COULD ADVERSELY AFFECT THE PHYSICAL HEALTH OR SAFETY
OF THE INDIVIDUAL.
(c) "FORCED ACTIVITY" INCLUDES BUT IS NOT LIMITED TO ANY ACTIVITY DIRECTLY OR INDIRECTLY REQUIRED FOR ADMISSION INTO OR AFFILIATION WITH ANY ASSOCIATION OR ORGANIZATION EVEN IF THE PERSON SEEKING ADMISSION OR AFFILIATION WILLINGLY PARTICIPATES IN THE ACTIVITY.
SB 98-106
(Cont.)
(d) "HAZING" MEANS ANY
FORCED ACTIVITY THAT RECKLESSLY OR KNOWINGLY ENDANGERS THE MENTAL
HEALTH OR PHYSICAL HEALTH OR SAFETY OF ANOTHER PERSON FOR THE
PURPOSE OF INITIATION OR ADMISSION INTO OR AFFILIATION WITH ANY
ASSOCIATION OR ORGANIZATION.
(2) IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENGAGE
OR PARTICIPATE IN HAZING.
(3) ANY PERSON WHO VIOLATES SUBSECTION
(2) OF THIS SECTION COMMITS A CLASS 3 MISDEMEANOR.
SECTION 20 Effective date applicability.
This act shall take effect July 1, 1998, and shall apply to offenses
committed on or after said date.
SECTION 30 Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.".
Judiciary After consideration on the merits, the
committee recommends that SB 98-136 be amended as follows
and, as so amended, be referred to the Committee of the Whole
with favorable recommendation:
Amend printed bill, page 2, after line 20, insert
the following:
"SECTION 3. 1317107 (1),
Colorado Revised Statutes, is amended to read:
1371107. Master juror list.
(1) Each November
YEAR, the state court administrator shall obtain from the secretary
of state a voter registration list for each county in the state.
The supreme court, from time to time, shall designate the supplementation
of voter registration lists with licensed driver lists and other
lists of persons living in the counties. The supplemented voter
registration lists, without duplication of names, shall be used
to compile the master juror list for the following year. A COPY
OF the master juror list THAT DOES NOT CONTAIN ADDRESSES OF THE
JURORS shall be open to the public for examination as a public
record.
SECTION 4. 1371108,
Colorado Revised Statutes, is amended to read:
1371108. Master juror wheel.
The state court administrator shall use an electronic automated
system to compile and maintain a master juror wheel and shall
determine annually, based upon past requirements, the total number
of prospective jurors from each county to be placed on the master
juror wheel. The wheel shall consist of names and identifying
numbers for prospective jurors taken from the master juror list.
The state court administrator may add, as necessary or upon court
order, the names of additional jurors. By
January 31 of Each year, the master
juror wheel shall be emptied and refilled in compliance with the
provisions of this article. Jurors receiving cancellations or
postponements of juror service may be replaced on the master juror
wheel for the succeeding year and shall receive new summonses
for their new dates in the succeeding year.".
Renumber succeeding sections accordingly.
Page 2, strike lines 23 through 26 and substitute
the following:
"1371136. Availability of juror
list. (1) ABSENT A COURT ORDER TO THE CONTRARY, upon request,
the jury commissioner shall make available for inspection by parties,
counsel, OR their agents or members
of the public a list of prospective
jurors containing the jurors' names. and
addresses. THE JURY COMMISSIONER
SHALL ASSURE THAT THE JUROR RESIDES IN THE PROPER COUNTY.
(2) UPON REQUEST, THE JURY COMMISSIONER SHALL MAKE AVAILABLE FOR INSPECTION BY MEMBERS OF THE PUBLIC A LIST OF PROSPECTIVE JURORS CONTAINING ONLY THE JURORS' NAME AND JUROR NUMBER.".
SB 98-136
(Cont.)
Page 3, after line 6, insert the following:
"SECTION 7. Effective date. This
act shall take effect January 1, 1999.".
Renumber succeeding section accordingly.
Judiciary After consideration on the merits, the
committee recommends that the following be postponed indefinitely:
SB 98-135
Agriculture, After consideration on the merits, the committee recommends that SB 98-159 be
Natural amended as follows and, as so amended be referred to the Committee of the Whole with
Resources favorable recommendation:
and Energy
Amend printed bill, page 3, line 5, after "WELL",
insert "OR WELLS";
line 9, strike "SOLD," and substitute "SOLD
ATTRIBUTABLE TO SUCH PAYMENT,";
strike line 20 and substitute the following:
"ADJUSTMENTS MADE BY THE PAYOR OR IDENTIFIED
WITH THE PAYMENT;";
strike line 22 and substitute the following:
"ADJUSTMENTS MADE BY THE PAYOR OR IDENTIFIED
WITH THE PAYMENT;";
line 26, strike "IN".
Page 4, strike lines 1 through 4 and substitute the
following:
"WITHIN SIXTY DAYS A WRITTEN EXPLANATION OF
THOSE DEDUCTIONS OR ADJUSTMENTS OVER WHICH THE PAYOR HAS CONTROL
AND FOR WHICH THE PAYOR HAS INFORMATION, WHETHER OR NOT IDENTIFIED
WITH THE PAYMENT. THIS REQUIREMENT SHALL NOT PRECLUDE THE PAYOR
FROM ANSWERING THE INQUIRY BY REFERRING THE PAYEE TO THE ROYALTY
CLAUSE OR PAYMENT PROVISION IN A LEASE OR OTHER AGREEMENT.".
Agriculture, After consideration on the merits, the committee recommends that the following be Natural postponed indefinitely: SB 98-6
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: HB 98-1017
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: HB 98-1073
Resources
and Energy
Approp- After consideration on the merits, the committee recommends that HB 98-1344 be riations amended as follows and, as so amended, be referred favorably to the Committee of the
Whole with favorable recommendation:
Amend reengrossed bill, page 49, line 6, strike "$10,037,287"
and substitute "$10,019,362"
and strike "$1,087,392(T)"
and substitute "$1,105,317(T)";
line 8, strike "$6,448,260(T)"
and substitute "$6,430,335(T)".
Approp- After consideration on the merits, the committee recommends that HB 98-1347 be riations amended as follows and, as so amended, be referred favorably to the Committee of the
Whole with favorable recommendation:
Amend reengrossed bill, page 2, line 8, in the ITEM
& SUBTOTAL column, strike "614,151"
and substitute "615,257"
and, in the CASH FUNDS EXEMPT column, strike "348,307(T)c"
and substitute "349,413(T)c";
line 10, in the ITEM & SUBTOTAL column, strike
"31,580"
and substitute "31,620"
and, in the CASH FUNDS EXEMPT column, strike "18,670(T)c"
and substitute "18,710(T)c".
Adjust affected totals accordingly.
Page 6, line 9, strike "(164.5
FTE)"
and substitute "(164.3
FTE)".
Page 8, line 12, in the ITEM & SUBTOTAL column,
strike "1,199,454"
and substitute "1,194,835"
and, in the CASH FUNDS EXEMPT column, strike "1,199,454(T)e"
and substitute "1,194,835(T)e".
Page 10, line 9, in the ITEM & SUBTOTAL column,
strike "246,554"
and substitute "246,554"
and, in the CASH FUNDS EXEMPT column, strike "142,376(T)k"
and substitute "142,376(T)k";
after line 9, in the ITEM & SUBTOTAL column,
insert "250,027"
and, in the CASH FUNDS EXEMPT column, insert "145,849(T)k".
Adjust affected totals accordingly.
Page 11, line 10, strike "$118,068"
and substitute "$118,068
$121,541".
Approp- After consideration on the merits, the committee recommends that HB 98-1358 be riations amended as follows and, as so amended, be referred favorably to the Committee of the
Whole with favorable recommendation:
Amend reengrossed bill, page 2, strike lines 2 and
3 and substitute the following:
"COLORADO REVISED STATUTES, THE SUM OF EIGHTEEN
MILLION NINE HUNDRED TEN THOUSAND FOUR HUNDRED TWENTY-THREE DOLLARS
($18,910,423)";
line 4, strike "($6,163,233)";
strike lines 13 and 14 and substitute the following:
"Colorado Revised Statutes, EIGHTEEN MILLION NINE HUNDRED TEN THOUSAND FOUR HUNDRED TWENTY-THREE DOLLARS ($18,910,423) and".
Page 20, after line 13 insert the following:
CAPITAL ITEM & CONSTRUCTION
SUBTOTAL FUND
EXEMPT
$ $
"DEPARTMENT OF REVENUE
NEW BUILDING,
LAND ACQUISITION,
ARCHITECTURAL AND
ENGINEERING AND PHASE
1 CONSTRUCTION
COSTS 12,747,190 12,747,190".
Page 21, line 2, in the TOTAL column, strike "1,787,759"
and substitute "14,534,949";
line 8, in the CAPITAL CONSTRUCTION FUND EXEMPT column,
strike "$559,675" and substitute "$559,675";
HB 98-1358
(Cont.)
line 9, in the TOTAL column, strike "$1,787,759"
and substitute "$14,534,949", and, in the CAPITAL CONSTRUCTION
FUND EXEMPT column, insert "$13,306,865".
Page 22, line 1, in the TOTAL column, strike "$284,679,988"
and substitute "$297,427,178" and, in the CAPITAL CONSTRUCTION
FUND EXEMPT column, strike "$169,169,782" and substitute
"$181,916,972".
Approp- After consideration on the merits, the committee
recommends that the following be riations referred favorably to
the Committee of the Whole: HB 98-1339, 98-1340, 98-1341, 98-
1342, 98-1343, 98-1345, 98-1346, 98-1348, 98-1349, 98-1350, 98-1352,
98-1353, 98- 1354, 98-1355, and 98-1357
Finance After consideration on the merits, the committee recommends that SB 98-93 be
amended as follows, and as so amended, be referred
to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 2, line 5, strike everything
after "IN";
line 6, strike "THOUSAND PERSONS OR MORE,"
and substitute "THE COUNTIES OF BOULDER, EL PASO, AND JEFFERSON,
AND IN THE CITY AND COUNTY OF DENVER,";
line 10, after the period, add "SUCH ELECTION
SHALL NOT BE MADE UNLESS THE ASSESSOR HAS REQUESTED THE USE OF
THE ALTERNATIVE PROTEST AND APPEAL PROCEDURE.";
strike lines 19 and 20 and substitute the following:
"SUBSECTION (1) OF THIS SECTION, THE ASSESSOR
SHALL ISSUE ANY WRITTEN DETERMINATION";
line 22, strike "395122 (2); AND"
and substitute "395122 (2).";
strike lines 23 though 26.
Page 3, strike lines 1 through 3;
line 6, strike "395122 (2) and (3),"
and substitute "395122 (2),";
line 7, strike "are" and substitute "is".
Page 5, strike lines 3 through 26.
Page 6, strike lines 1 through 18.
before line 19, insert the following:
"SECTION 3. 398104,
Colorado Revised Statutes, is amended to read:
398104. Notice of meeting.
(1) EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION,
prior to July 1 of each year, the county clerk and recorder shall
give notice in at least one issue of a newspaper published in
his OR HER county that beginning on July 1, the county board of
equalization will sit in the county courthouse to review the assessment
roll of all taxable property located in the county, as prepared
by the assessor, and to hear appeals from determinations of the
assessor.
(2) PRIOR TO A DATE ESTABLISHED BY THE
COUNTY BOARD OF EQUALIZATION, BUT NO LATER THAN SEPTEMBER 1, THE
COUNTY CLERK AND RECORDER IN A COUNTY THAT HAS MADE AN ELECTION
PURSUANT TO SECTION 395122.7 (1) SHALL GIVE NOTICE
IN AT LEAST ONE ISSUE OF A NEWSPAPER PUBLISHED IN HIS OR HER COUNTY
THAT BEGINNING SUCH DATE THE COUNTY BOARD OF EQUALIZATION WILL
SIT IN THE COUNTY COURTHOUSE TO REVIEW THE ASSESSMENT ROLL OF
ALL TAXABLE PROPERTY LOCATED IN THE COUNTY, AS PREPARED BY THE
ASSESSOR, AND TO HEAR APPEALS FROM DETERMINATIONS OF THE ASSESSOR.
SB 98-93
(Cont.)
(3) If there is no such
newspaper, then such notice shall be conspicuously posted in the
offices of the county clerk and recorder, the treasurer, and the
assessor and in at least two other public places in the county
seat.
SECTION 4. 398105
(1), Colorado Revised Statutes, is amended to read:
398105. Reports of assessor.
(1) At a meeting of the county board of equalization
on the second Monday in July, OR ON THE SECOND MONDAY IN SEPTEMBER
IN A COUNTY THAT HAS MADE AN ELECTION PURSUANT TO SECTION 395122.7
(1), the assessor shall report the valuation for assessment of
all taxable real property in the county. He
THE ASSESSOR shall submit a list of all persons who have appeared
before him OR HER to present objections or protests concerning
real property and his OR HER action in each case.
Renumber succeeding sections accordingly.
Page 6, line 23, strike "assessor AND"
and substitute "assessor.";
strike line 24;
line 25, strike "(a) OR (3) (b).".
Strike pages 8 through 11.
Renumber succeeding sections accordingly.
Page 12, strike lines 1 through 22.
Finance After consideration on the merits, the committee
recommends that the following be referred favorably to the Committee
on Appropriations: SB 98-172
Finance After consideration on the merits, the committee
recommends that the following be referred favorably to the Committee
on Appropriations: SB 98-154
Finance After consideration on the merits, the committee recommends that SB 98-39 be
amended as follows and, as so amended, be referred
to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 3, line 15, after "THOUSAND",
insert "EIGHTYFIVE";
line 17, strike "FOURTEEN THOUSAND SEVEN HUNDRED"
and substitute "SIXTEEN THOUSAND FIVE HUNDRED FIFTY".
Page 5, line 18, after "THOUSAND", insert
"EIGHTYFIVE";
line 20, strike "FOURTEEN THOUSAND SEVEN HUNDRED"
and substitute "SIXTEEN THOUSAND FIVE HUNDRED FIFTY".
Finance After consideration on the merits, the committee recommends that SB 98-100 be
amended as follows and, as so amended, be referred
to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 3, after "UTILITY
LINE," insert "CABLE TELEVISION LINE,";
line 4, after "OTHER" insert "SIMILAR"
and strike "EASEMENT" and substitute "EASEMENT,";
line 5, strike "OR RIGHTOFWAY"
and substitute "RIGHTOFWAY, OR LEASEHOLD";
SB 98-100
(Cont.)
line 11, after the period, add "STRUCTURES AND
OTHER BUILDINGS INSTALLED ON AN EASEMENT, RIGHTOFWAY,
OR LEASEHOLD THAT ARE NOT SPECIFICALLY REFERENCED IN THIS SUBSECTION
(11) SHALL BE DEEMED TO BE IMPROVEMENTS PURSUANT TO SUBSECTION
(7) OF THIS SECTION.".
Finance After consideration on the merits, the committee recommends that SB 98-94 be
amended as follows and, as so amended, be referred
to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 23, strike "1998"
and substitute "1999".
Page 3, line 5, after "HUNDRED", insert
"FIFTY";
line 10, after "HUNDRED", insert "FIFTY";
line 11, strike "ONE HUNDRED FIFTY" and
substitute "THREE HUNDRED";
strike line 16 and substitute the following:
"VALUE OF MORE THAN THREE HUNDRED THOUSAND DOLLARS
BUT NOT MORE THAN FIVE HUNDRED THOUSAND DOLLARS, THE";
after line 19, insert the following:
"(d) IF THE QUALIFIED INDIVIDUAL'S
RESIDENCE HAS AN ACTUAL VALUE OF MORE THAN FIVE HUNDRED THOUSAND
DOLLARS, THE QUALIFIED INDIVIDUAL SHALL NOT BE ALLOWED A CREDIT
UNDER THIS SUBSECTION (3).".
Page 4, after line 18, insert the following:
"SECTION 2. Article 22
of title 39, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW PART to read:
39221901. Legislative declaration. THE
GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT IT IS IN THE PUBLIC
INTEREST TO PROVIDE PROPERTY TAX RELIEF TO SENIOR HOMEOWNERS WHO,
BY CONTINUOUSLY RESIDING IN THIS STATE FOR A LONG DURATION OF
TIME, HAVE MADE A SIGNIFICANT CONTRIBUTION TO THIS STATE'S ECONOMY.
THE GENERAL ASSEMBLY FURTHER RECOGNIZES THAT SENIOR HOMEOWNERS
ARE MORE LIKELY TO LIVE ON A FIXED INCOME AND THEREFORE MAY EXPERIENCE
DIFFICULTY IN MEETING THEIR PROPERTY TAX OBLIGATIONS. THEREFORE,
THE GENERAL ASSEMBLY HAS ENACTED THIS PART 19 TO PROVIDE ADDITIONAL
FUNDING FOR THE PROPERTY TAX CREDIT FOR ELDERLY HOMEOWNERS THROUGH
VOLUNTARY CONTRIBUTIONS ON STATE INDIVIDUAL INCOME TAX RETURNS.
39221902. Voluntary contribution
designation procedure. FOR
INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 1998, BUT PRIOR
TO JANUARY 1, 2001, EACH COLORADO STATE INDIVIDUAL INCOME TAX
RETURN FORM SHALL CONTAIN A LINE WHEREBY EACH INDIVIDUAL TAXPAYER
MAY DESIGNATE THE AMOUNT OF THE CONTRIBUTION, IF ANY, SUCH INDIVIDUAL
WISHES TO MAKE TO THE ELDERLY PROPERTY TAX ASSISTANCE FUND CREATED
IN SECTION 39221903.
39221903. Contributions
credited to the elderly property tax assistance fund appropriation.
(1) THE DEPARTMENT OF REVENUE SHALL DETERMINE ANNUALLY
THE TOTAL AMOUNT DESIGNATED PURSUANT TO SECTION 39221902
AND SHALL REPORT SUCH AMOUNT TO THE STATE TREASURER AND TO THE
GENERAL ASSEMBLY. THE STATE TREASURER SHALL CREDIT SUCH AMOUNT
TO THE ELDERLY PROPERTY TAX ASSISTANCE FUND, WHICH FUND IS HEREBY
CREATED IN THE STATE TREASURY. AT THE END OF EACH FISCAL YEAR,
THE STATE TREASURER SHALL TRANSFER ALL DESIGNATED MONEYS IN THE
FUND AND ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT
OF SUCH MONEYS TO THE DIVISION OF PROPERTY TAXATION IN THE DEPARTMENT
OF LOCAL AFFAIRS. ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT
OF MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND.
SB 98-94
(Cont.)
(2) THE PROPERTY TAX ADMINISTRATOR SHALL
USE MONEYS RECEIVED PURSUANT TO SUBSECTION (1) OF THIS SECTION
ONLY TO REIMBURSE PROPERTY TAXING ENTITIES IN FULL OR IN PART
FOR THE COSTS OF ADMINISTERING THE PROPERTY TAX CREDIT PROVIDED
PURSUANT TO SECTION 391122, AND FOR ALL OR A PORTION
OF THE AMOUNT OF PROPERTY TAX NOT COLLECTED BECAUSE OF SAID CREDIT.".
Renumber succeeding section accordingly.
Finance After consideration on the merits, the committee recommends that SB 98-158 be
amended as follows and, as so amended, be referred
to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 2, line 1, strike "amended"
and substitute "amended, and the said 3922119
is further amended BY THE ADDITION OF A NEW SUBSECTION,";
line 8, strike "RETURN." and substitute
"RETURN; EXCEPT THAT SUCH CREDIT SHALL RE REDUCED BY THE
AMOUNT OF ANY CREDIT CLAIMED UNDER SUBSECTION (1.5) OF THIS SECTION.";
after line 22, insert the following:
"(1.5) (a) FOR INCOME TAX YEARS
BEGINNING ON OR AFTER JANUARY 1, 1998, IF A RESIDENT INDIVIDUAL
CLAIMS A CHILD TAX CREDIT FOR ONE OR MORE QUALIFYING CHILDREN
PURSUANT TO SECTION 24 OF THE INTERNAL REVENUE CODE ON THE INDIVIDUAL'S
FEDERAL TAX RETURN, THE INDIVIDUAL SHALL BE ALLOWED A CHILD TAX
CREDIT AGAINST THE INCOME TAXES DUE ON THE INDIVIDUAL'S INCOME
UNDER THIS ARTICLE IN THE AMOUNT OF TWO HUNDRED DOLLARS FOR EACH
QUALIFYING CHILD WHO IS FIVE YEARS OF AGE OR UNDER AT THE END
OF THE TAXABLE YEAR FOR WHICH THE CREDIT IS CLAIMED.
(b) IF THE RESIDENT INDIVIDUAL'S FEDERAL
ADJUSTED GROSS INCOME IS SIXTY THOUSAND ONE DOLLARS OR MORE, THE
RESIDENT INDIVIDUAL SHALL NOT BE ALLOWED A CREDIT UNDER THIS SUBSECTION
(1.5).";
strike lines 23 through 26 and substitute the following:
"(2) If the credit
CREDITS allowed under subsection
SUBSECTIONS (1) AND (1.5) of this section exceeds
EXCEED the income taxes due on the resident individual's income,
the amount of the credit
CREDITS not used as
an TO
offset against
income taxes may
SHALL NOT be carried forward as a
tax credit
CREDITS against the resident".
Page 3, strike lines 4 through 26.
Page 4, strike lines 1 through 11.
Renumber succeeding section accordingly.
Finance After consideration on the merits, the committee
recommends that the following be postponed indefinitely: SCR
98-2
Finance After consideration on the merits, the committee
recommends that the following be postponed indefinitely: SB
98-92
Finance After consideration on the merits, the committee
recommends that the following be postponed indefinitely: SB
98-149
______________________________
On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Friday, February 13, was laid over until Monday, February 16, retaining its place on the calendar.
______________________________
TRIBUTES--A POINT OF INTEREST
Honoring Triston B. Madrid by Senator Dennis
Honoring John B. Issa by Senator Dennis
Honoring Curtis Fitzsimmons by Senator Dennis
Honoring Kevin P. Abernathy by Senator Dennis
Honoring Matthew S. Steinhart by Senator Dennis
Honoring Lindy M. Lopez by Senator Dennis
Honoring Keith G. King by Senator Dennis
Honoring Justin L. Steinhart by Senator Dennis
Honoring William J. Keener by Senator Dennis
Honoring Aaron R. Williams by Senator Dennis
Honoring Matthew D. Theilbar by Senator Dennis
Honoring Ryan M. Canty by Senator Dennis
Honoring Chad L. Thompson by Senator Dennis
Honoring William S. Synder by Senator Dennis
Honoring Scott C. Consaul by Senator Dennis
Honoring Phillip A. Campbell by Senator Dennis
Honoring Caleb D. Horn by Senator Dennis
Honoring Bradley J. Mullans by Senator Dennis
Honoring Breck D. Jackson by Senator Dennis
Honoring Eric R. Sutton by Senator Dennis
Honoring Lucas M. Larson by Senator Dennis
Honoring Bradley A. Broyles by Senator Dennis
Honoring Aaron M. Delgrosso by Senator Dennis
Honoring Tyler R. Showcraft by Senator Dennis
Memorializing George Johnson by Senator Rupert
Memorializing Laverne Johnson by Senator Rupert
On motion of Senator Wells, the Senate adjourned until 10:00 a.m., Monday,
February 16, 1998.
Approved:
Tom Norton
President of the Senate
Attest:
Joan M. Albi
Secretary of the Senate