This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

38th Legislative Day Friday, February 13, 1998


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

STATE BOARD OF THE

GREAT OUTDOORS COLORADO

TRUST FUND

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:

PART19

ELDERLY PROPERTY TAX ASSISTANCE CONTRIBUTION

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