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

44th Legislative Day Thursday, February 19, 1998


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

Order

Prayer By the chaplain, Dr. Mel Taylor.

Roll Call Present--Total, 33.

Absent/Excused--Norton, Wattenberg--Total, 2.

Present later--Norton, Wattenberg.

Quorum The President announced a quorum present.

Reading of On motion of Senator Chlouber, reading of the Journal of February 18th was dispensed

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

SENATE SERVICES REPORT

Senate Correctly revised: HB 98-1346.

Services

COMMITTEE OF REFERENCE REPORTS

State, After consideration on the merits, the committee recommends that HB 98-1143 be

Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 2, line 17, after "C.R.S.," insert the following:

"ANY UNMARRIED CHILDREN WHO ARE NOT NATURAL OR ADOPTED CHILDREN OF THE BENEFIT RECIPIENT BUT WHO RESIDE FULL TIME WITH THE BENEFIT RECIPIENT, ARE DEPENDENTS OF THE BENEFIT RECIPIENT FOR FEDERAL INCOME TAX PURPOSES, AND MEET THE AGE REQUIREMENTS OF SECTION 10-16-102 (14), C.R.S.,".

State, After consideration on the merits, the committee recommends that the following be Veterans, postponed indefinitely: HB 98-1113

and Military

Affairs

MESSAGE FROM THE HOUSE

February 18, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1012, 1240, 1242, 1361, 1364, and SB98-019.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1005, amended as printed in House Journal, February 17, page 620;

HB98-1053, amended as printed in House Journal, February 17, page 618;

HB98-1059, amended as printed in House Journal, February 17, pages 628-629;

HB98-1065, amended as printed in House Journal, February 17, page 620;

HB98-1170, amended as printed in House Journal, February 17, page 618;

HB98-1200, amended as printed in House Journal, February 17, page 622;

HB98-1209, amended as printed in House Journal, February 17, page 622;

HB98-1243, amended as printed in House Journal, February 17, page 627, also on Third Reading, House Journal, February 18, pages 643-644;

HB98-1247, amended as printed in House Journal, February 17, page 621;

HB98-1259, amended as printed in House Journal, February 17, page 621;

HB98-1266, amended as printed in House Journal, February 17, page 621;

HB98-1296, amended as printed in House Journal, February 17, page 622;

HB98-1302, amended as printed in House Journal, February 17, page 623;

HB98-1311, amended as printed in House Journal, February 17, page 628;

HB98-1312, amended as printed in House Journal, February 17, page 623;

HB98-1323, amended as printed in House Journal, February 17, page 628.

MESSAGE FROM THE REVISOR

February 18, 1998

We herewith transmit:

without comment, HB98-1012, 1240, 1242, 1361, 1364, and SB98-019; and,

without comment, as amended, HB98-1005, 1053, 1059, 1065, 1170, 1200, 1209, 1243, 1247, 1259, 1266, 1296, 1302, 1311, 1312, and 1323.

MESSAGES FROM THE GOVERNOR

Appoint- Letters of designation and appointment from Governor Romer were read and assigned to

ments Committee as follows:

July 3, 1997

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

YOUTH CRIME PREVENTION

AND INTERVENTION PROGRAM BOARD

for a term expiring June 15, 2000:

Leslie S. Franklin of Denver, Colorado, to serve as a Republican.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 1/20/98

J. Albi, Secretary

Committee on Judiciary

December 31, 1997

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

COMMISSION ON JUDICIAL DISCIPLINE

for terms expiring July 1, 2001:

Phillip S. Figa of Greenwood Village, to serve as an citizen admitted to practice law in the courts of this state for over 10 years;

John H. Holcomb of Denver, Colorado, to serve as a non­attorney;

Ruth A. Steel of Englewood, Colorado, to serve as a non­attorney.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 2/3/98

J. Albi, Secretary

Committee on Judiciary

INTRODUCTION OF BILLS--FIRST READING

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

SB 98-178 by Senator Blickensderfer--Concerning the restructuring of the retail electric market in Colorado.

Local Government

Business Affairs and Labor

HB 98-1005 by Representative Spradley; also Senators Blickensderfer and Coffman--Concerning reduction of property taxes.

Finance

HB 98-1012 by Representative Reeser; also Senator Chlouber--Concerning continuation of the regulation of electricians by the division of registrations.

Business Affairs and Labor

HB 98-1053 by Representative Kreutz; also Senator Wattenberg--Concerning exemption of short-term limited duration health insurance policies from the definition of a "health benefit plan" subject to regulation by the commissioner of insurance.

Health, Environment, Welfare and Institutions

HB 98-1059 by Representative Gordon; also Senator Dennis--Concerning the imposition of increased penalties for traffic violations committed in school zones.

Transportation

HB 98-1065 by Representative McElhany; also Senator Lamborn--Concerning the elimination of the state sales tax on telephone and telegraph services.

Finance

HB 98-1170 by Representative George; also Senator Chlouber--Concerning qualifying shooting ranges.

Local Government

HB 98-1200 by Representative Taylor; also Senator Wattenberg--Concerning the creation of local marketing districts.

Local Government

HB 98-1209 by Representatives Young, K. Alexander, and Allen; also Senator Rizzuto--Concerning education reform by repealing the repealer for the state board of education to waive any requirements of title 22, Colorado revised statutes, for the purposes of enhancing educational achievement.

Education

HB 98-1240 by Representative Keller; also Senator Reeves--Concerning the membership of the state special education advisory committee.

Education

HB 98-1242 by Representative Anderson; also Senator Lamborn--Concerning a one-tenth of one percent reduction in the contribution rate for employers in the state and school division of the public employees' retirement association.

Finance

HB 98-1243 by Representatives Lawrence, K. Alexander, and Musgrave; also Senator Hopper--Concerning required health care coverage for medical costs associated with the administration of general anesthesia for dental procedures performed on dependent children.

Health, Environment, Welfare and Institutions

HB 98-1247 by Representative Gotlieb; also Senator Blickensderfer--Concerning specification of employment responsibilities in educator employment contracts.

Education

HB 98-1259 by Representative Tate; also Senators Chlouber and Tanner--Concerning alternative penalties for employers not maintaining required workers' compensation coverage.

State, Veterans, and Military Affairs

HB 98-1266 by Representatives Taylor and McElhany; also Senator Coffman--Concerning an exclusion of certain income from Colorado taxable income, and, in connection therewith, excluding certain interest income, dividend income, and net capital gains from the income tax imposed on individuals, estates, and trusts.

Finance

HB 98-1296 by Representative George; also Senator Wham--Concerning implementation of an early education and school readiness program.

Education

HB 98-1302 by Representative May; also Senator Arnold--Concerning the "Paycheck Protection Act of 1998", and, in connection therewith, prohibiting the expenditure of public moneys for the purpose of collecting political funds.

Business Affairs and Labor

HB 98-1311 by Representative Udall; also Senator Mutzebaugh--Concerning the representation of closely held business entities by persons who are not licensed to practice law in this state.

Business Affairs and Labor

HB 98-1312 by Representative Pfiffner; also Senator Blickensderfer--Concerning the state employee compensation law, and, in connection therewith, restructuring the provisions concerning state employee job evaluation and compensation.

State, Veterans, and Military Affairs

HB 98-1323 by Representative Swenson; also Senator Norton--Concerning the ownership of molds used in the manufacturing process, and, in connection therewith, establishing a molders' lien.

Business Affairs and Labor

HB 98-1361 by Representatives Grampsas, Owen, and Romero; also Senators Blickensderfer, Lacy, and Rizzuto--Concerning the annual appropriation of moneys to the judicial department rather than the state treasurer for the purpose of reimbursing the judicial division trust fund of the public employees' retirement association for increases in retirement benefits paid to retired judges who return to temporary judicial duties.

Judiciary

HB 98-1364 by Representatives Owen, Grampsas, and Romero; also Senators Blickensderfer, Lacy, and Rizzuto--Concerning the use of the fees collected by the clerk of the Colorado supreme court to fund the supreme court library.

Judiciary

______________________________

On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, Consideration of Third Reading and Final Passage of Bill was laid over until later in the morning, Thursday, February 19.

______________________________

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

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

Whole as Chairman.

GENERAL ORDERS--SECOND READING OF BILLS

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

HB 98-1341 by Rep. Grampsas; Senator Lacy--Suppl Approp Dept Of Education

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

SB 98-99 by Sen. Wham; Rep. Tool--Authorization For Needle Exchange Prog

Laid over until Friday, February 20, retaining its place on the calendar.

SB 98-34 by Sen. Powers; Representative Swenson--Alteration Of Vehicle Configurations

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, February 9, pages 188-189.)

Amendment No. 2, by Senator Chlouber

Strike the committee amendment, as printed in Senate Journal, dated February 9, page 188, lines 64 through 72, and page 189, lines 1 through 61, and substitute the following:

"Amend printed bill, strike everything below the enacting clause, and substitute the following:

"SECTION 1.  Repeal. 42­4­233, Colorado Revised Statutes, is repealed as follows:

42­4­233.  Alteration of suspension system. (1)  No person shall operate a motor vehicle of a type required to be registered under the laws of this state upon a public highway with either the rear or front suspension system altered or changed from the manufacturer's original design except in accordance with specifications permitting such alteration established by the department. Nothing contained in this section shall prevent the installation of manufactured heavy duty equipment to include shock absorbers and overload springs, nor shall anything contained in this section prevent a person from operating a motor vehicle on a public highway with normal wear of the suspension system if normal wear shall not affect the control of the vehicle.

(2)  This section shall not apply to motor vehicles designed or modified primarily for off­highway racing purposes, and such motor vehicles may be lawfully towed on the highways of this state.

(3)  Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.

SECTION 2.  42­4­1701 (4) (a) (I) (D), Colorado Revised Statutes, is amended to read:

SB 98-34

(Cont.)

42­4­1701.  Traffic offenses and infractions classified ­ penalties ­ penalty and surcharge schedule. (4) (a) (I)  Except as provided in paragraph (c) of subsection (5) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title to which the provisions of paragraph (a) or (b) of subsection (5) of this section apply shall be fined or penalized, and have a surcharge levied thereon pursuant to section 24­4.2­104 (1) (b) (I), C.R.S., in accordance with the penalty and surcharge schedule set forth in sub­subparagraphs (A) to (P) of this subparagraph (I); or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions shall be fifteen dollars, and the surcharge shall be two dollars. These penalties and surcharges shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections shall be as follows:

Section Violated Penalty Surcharge

(D)  Equipment violations:

42­4­201 $ 35.00 $ 4.00

42­4­202 35.00 4.00

42­4­204 15.00 2.00

42­4­205 15.00 2.00

42­4­206 15.00 2.00

42­4­207 15.00 2.00

42­4­208 15.00 2.00

42­4­209 15.00 2.00

42­4­210 15.00 2.00

42­4­211 15.00 2.00

42­4­212 15.00 2.00

42­4­213 15.00 2.00

42­4­214 15.00 2.00

42­4­215 15.00 2.00

42­4­216 15.00 2.00

42­4­217 15.00 2.00

42­4­218 15.00 2.00

42­4­219 15.00 2.00

42­4­220 15.00 2.00

42­4­221 15.00 2.00

42­4­222 (1) 15.00 2.00

42­4­223 15.00 2.00

42­4­224 15.00 2.00

42­4­225 15.00 2.00

42­4­226 15.00 2.00

42­4­227 (1)   50.00 6.00

42­4­227 (2)   15.00 2.00

42­4­228 (1), (2), (3),

(5), or (6)   15.00 2.00

42­4­229 15.00 2.00

42­4­230 15.00 2.00

42­4­231 15.00 2.00

42­4­232 15.00 2.00

42­4­233 75.00 9.00

42­4­234 15.00 2.00

42­4­235 50.00 6.00

42­4­236 50.00 6.00

42­4­237 15.00 2.00

42­4­1411 15.00 2.00

42­4­1412 15.00 2.00

42­4­1901 35.00 4.00

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.".".

As amended, declared LOST on Second Reading.

SB 98-84 by Sen. Mutzebaugh; Rep. Kaufman--Dealer Registration & Titling Vehicles

Laid over until Monday, February 23, retaining its place on the calendar.

SB 98-111 by Sen. Coffman--Appointment Of Former Members

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

(Printed in Senate Journal, February 10, pages 197-206.)

As amended, declared LOST on Second Reading. (For further action, see pages 283-293, where the Coffman amendment to the Report of the Committee of the Whole was adopted and SB 98-111 as amended, was ordered engrossed and placed on the calendar for Third Reading and Final Passage.)

SB 98-145 by Sen. Reeves; Rep. Allen--Title 1 Election Judges

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

(Printed in Senate Journal, February 10, pages 206-207.)

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

(Amended in General Orders as printed in Senate Journal, February 13, pages 232-234.)

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

SB 98-102 by Sen. Linkhart--Entities

Laid over until Friday, February 20, retaining its place on the calendar.

SB 98-124 by Sen. Schroeder; Rep. Agler--Architects/Engrs Good Samaritan Law

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 12, page 217.)

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

SB 98-151 by Sen. Phillips; Rep. Kaufman--Common Interest Ownership Act Mediation

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

SB 98-157 by Sen. Tebedo; Rep. Kreutz--Family Child Care Homes

Laid over until Monday, February 23, retaining its place on the calendar.

SB 98-155 by Sen. Hernandez--Compulsory Kindergarten

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, February 12, pages 219-220.)

Amendment No. 2, by Senator Hernandez

Amend printed bill, page 7, strike line 1 and substitute the following:

"KINDERGARTEN. SUCH STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO, A REVIEW OF APPROPRIATE AGE­BASED CURRICULA, AN ANALYSIS OF INTERESTED PARTIES AND A SUMMARY OF THEIR INTERESTS, AND A DETERMINATION OF THE FEASIBILITY OF A RANGE OF OPTIONS FOR PROVIDING COMPULSORY KINDERGARTEN AND FULL­DAY KINDERGARTEN THAT ARE AVAILABLE TO SCHOOL DISTRICTS. SUCH STUDY SHALL BE CONDUCTED AND COMPLETED WITHIN THE EXISTING APPROPRIATIONS OF THE DEPARTMENT. A".

SB 98-155 As amended, declared LOST on Second Reading.

(Cont.)

SB 98-61 by Sen. Thiebaut--Academic Achievement Tuition Grants

Laid over until Friday, February 20, retaining its place on the calendar.

HB 98-1052 by Rep. Dyer; Sen. Alexander--Work Study Programs

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

SB 98-171 by Sen. Lacy; Rep. Dean--Metropolitan Football Stadium District

Laid over until Friday, February 20, retaining its place on the calendar.

HB 98-1208 by Rep. S. Williams; Sen. Wattenberg--Except School Employees From Skills Test

Laid over until Friday, February 20, retaining its place on the calendar.

HB 98-1095 by Rep. Chavez; Sen. Wham--School District Retirement Funds

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

HB 98-1084 by Rep. Gotlieb; Senator Wham--Extension Of Auraria Board

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

SB 98-51 by Sen. Blickensderfer; Rep. McElhany--Mandated State Employee Insurance

Laid over until Friday, February 20, retaining its place on the calendar.

SB 98-52 by Sen. Matsunaka; Rep. Johnson--Incentives For State Budget Savings

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

(Printed in Senate Journal, February 13, pages 226-227.)

As amended, laid over until Friday, February 20, retaining its place on the calendar.

SB 98-69 by Sen. Chlouber; Rep. Sullivant--Preserve Historic Bldgs In Gaming Towns

Laid over until Friday, February 20, retaining its place on the calendar.

SB 98-165 by Sen. Reeves; Rep. Adkins--Child Welfare

Amendment No. 1, Health, Environment, Welfare and Institutions Amendment

(Printed in Senate Journal, February 13, page 236.)

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

SB 98-133 by Sen. Wham--Campaign Contributions

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

(Printed in Senate Journal, February 13, pages 225-226.)

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

The following bills on the General Orders calendar of Thursday, February 19, were laid over until Friday, February 20, retaining their place on the calendar:

SB 98-106, 98-136, 98-159; HB 98-1017, 98-1073, 98-1355; SB 98-93; HB 98-1351, 98-1074, 98-1078, 98-1126.

AMENDMENTS TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 98-1341 by Rep. Grampsas; Senator Lacy--Suppl Approp Dept Of Education

Senator Feeley moved to amend the Report of the Committee of the Whole to show that the Feeley amendment to HB 98-1341 did pass.

The motion was declared LOST by the following roll call vote:


YES 14

NO 20

EXCUSED 1

ABSENT 0

Alexander
N
Feeley
Y
Mutzebaugh
NE
Tanner
Y

Ament
N
Hernandez
Y
Pascoe
Y
Tebedo
N

Arnold
N
Hopper
N
Perlmutter
Y
Thiebaut
Y

Bishop
NY
Johnson
Y
Phillips
Y
Wattenberg
E

Blickensderfer
N
Lacy
N
Powers
N
Weddig
Y

Chlouber
N
Lamborn
N
Reeves
Y
Wells
N

Coffman
N
Linkhart
Y
Rizzuto
N
Wham
N

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
N

Dennis
N
Matsunaka
Y
Schroeder
N

SB 98-155 by Sen. Hernandez--Compulsory Kindergarten

Senator Hernandez moved to amend the Report of the Committee of the Whole to show that SB 98-155 as amended, did pass.

The motion was declared LOST by the following roll call vote:


YES 15

NO 19

EXCUSED 1

ABSENT 0

Alexander
N
Feeley
Y
Mutzebaugh
NE
Tanner
Y

Ament
N
Hernandez
Y
Pascoe
Y
Tebedo
N

Arnold
N
Hopper
N
Perlmutter
Y
Thiebaut
Y

Bishop
NY
Johnson
Y
Phillips
Y
Wattenberg
E

Blickensderfer
N
Lacy
N
Powers
N
Weddig
Y

Chlouber
N
Lamborn
N
Reeves
Y
Wells
N

Coffman
N
Linkhart
Y
Rizzuto
Y
Wham
N

Congrove
N
Martinez
Y
Rupert
Y
Mr. President
N

Dennis
N
Matsunaka
Y
Schroeder
N

SB 98-111 by Sen. Coffman--Appointment Of Former Members

Senator Coffman moved to amend the Report of the Committee of the Whole to show that SB 98-111 as amended, did pass as amended by the following:

Amend printed bill, strike everything below the enacting clause and substitute the following:

"SECTION 1.  10­8­505 (4), Colorado Revised Statutes, is amended, and 10­8­505 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

10­8­505.  Board of directors ­ repeal. (2) (c) (I)  NOTWITHSTANDING PARAGRAPH (b) OF THIS SUBSECTION (2), ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH (c), A MEMBER OF THE BOARD APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE SPEAKER OF THE HOUSE IS AVAILABLE TO SERVE ON THE BOARD, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE BOARD APPOINTED BY THE PRESIDENT OF THE SENATE MAY BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY. A FORMER MEMBER APPOINTED TO THE BOARD BY THE SPEAKER OF THE HOUSE OR THE PRESIDENT OF THE SENATE SHALL BE CONFIRMED BY THE SENATE.

SB 98-111

(Cont.)

(II)  THIS PARAGRAPH (c) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE BOARD OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

(4)  The board shall elect one of its members to serve as chairman CHAIR.

SECTION 2.  11­59­105 (1), Colorado Revised Statutes, is amended to read:

11­59­105.  Advisory board ­ repeal. (1) (a)  There is hereby created the Colorado municipal bond supervision advisory board, to be composed of three members of the general assembly one municipal securities broker­dealer representative, one representative of a county, one representative of a municipality, one representative of a special district, one representative of banks which act as indenture trustees for municipal bond offerings, one bond counsel representative, one real estate developer representative, three members of the general public with experience in municipal financing as investors who are not associated with any of the other members or interests, and four owners of residential real property located in special districts who are not associated with any of the other members or interests. Except for the legislative members, members of the board shall be appointed by the governor, who shall take into account the extent to which the board represents the geographic areas, population concentrations, and ethnic communities of this state. Appointments by the governor shall be for a period of four years. The three members of the general assembly shall be appointed one each by the governor, the speaker of the house of representatives, and the president of the senate. No more than two of said legislative members may be from the same major political party, and each such legislative member shall be appointed for a term of two years or for the same term to which they were elected, whichever is less. Successors shall be appointed in the same manner as the original members. Vacancies of all other members shall be filled by appointment by the governor for unexpired terms. In the case of a vacancy, the remaining members of the board shall exercise all the powers and authority of the board until such vacancy is filled. The board shall choose its own chairperson by majority vote of the quorum present at a meeting called for the purpose of electing a chairperson. The board shall meet not less than quarterly. Members of the board shall receive no compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties. Such expenses shall be paid from the appropriations from the division of securities cash fund created in section 11­51­707. A majority of the board shall constitute a quorum to transact business and for the exercise of any of the powers or authority conferred.

(b) (I)  NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (1), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (1), AS AMENDED, A LEGISLATIVE MEMBER OF THE BOARD APPOINTED BY THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, OR THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE GOVERNOR, SPEAKER OF THE HOUSE OR THE PRESIDENT OF THE SENATE IS AVAILABLE TO SERVE ON THE BOARD, BE A FORMER MEMBER OF THE GENERAL ASSEMBLY WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE BOARD OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVE, AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 3.  12­47.1­1402 (3) and (5), Colorado Revised Statutes, are amended to read:

SB 98-111

(Cont.)

12­47.1­1402.  Gaming impact task force ­ creation ­ duties ­ repeal. (3) (a) In addition to the nonlegislative members of the task force, the president of the senate may appoint one member of the senate, and the speaker of the house of representatives may appoint one member of the house, to serve as legislative members of the task force.

(b) (I)   NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (3), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (3), AS AMENDED, A MEMBER OF THE TASK FORCE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE SPEAKER OF THE HOUSE IS AVAILABLE TO SERVE ON THE TASK FORCE, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE TASK FORCE APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE PRESIDENT OF THE SENATE IS AVAILABLE TO SERVE ON THE TASK FORCE, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE TASK FORCE OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

(5) (a)   Legislative members of the task force shall be entitled to per diem compensation and reimbursement of actual and necessary expenses from the legislative budget as otherwise provided for members of interim committees as authorized by law.

(b)  (I)   ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (5), AS AMENDED, FORMER MEMBERS OF THE GENERAL ASSEMBLY APPOINTED TO THE TASK FORCE SHALL SERVE AT THE PLEASURE OF THE OFFICIAL WHO APPOINTED SUCH INDIVIDUALS.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE TASK FORCE OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 40  12­47.1­1602, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

12­47.1­1602.  Local government limited gaming impact advisory committee ­ creation ­ duties ­ repeal. (1.5) (a)   NOTWITHSTANDING PARAGRAPHS (f) AND (g) OF SUBSECTION (1) OF THIS SECTION, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (1.5), A MEMBER OF THE COMMITTEE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COMMITTEE APPOINTED BY THE PRESIDENT OF THE SENATE MAY BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(b)   THIS SUBSECTION (1.5) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE COMMITTEE OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 50  14­10­115, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION, to read:

SB 98-111

(Cont.)

14­10­115.   Child support ­ guidelines ­ schedule of basic child support obligations ­ repeal. (19) (a)  NOTWITHSTANDING PARAGRAPH (a) OF SUBSECTION (18) OF THIS SECTION, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (19), A MEMBER OF THE COMMISSION APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE SPEAKER OF THE HOUSE IS AVAILABLE TO SERVE ON THE COMMISSION, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COMMISSION APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE PRESIDENT OF THE SENATE IS AVAILABLE TO SERVE ON THE COMMISSION, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY. THE MEMBERS OF THE COMMISSION APPOINTED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT OF THE SENATE SHALL NOT BE MEMBERS OF THE SAME POLITICAL PARTY.

(b)   THIS SUBSECTION (19) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE COMMISSION OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 60  17­24­104 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

17­24­104.  Creation of division of correctional industries and advisory committee ­ enterprise status of division ­ duties of committee ­ sunset review of committee ­ repeal. (2) (e) (I)   NOTWITHSTANDING SUBPARAGRAPH (II) OF PARAGRAPH (a) OF THIS SUBSECTION (2), ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH (e), A MEMBER OF THE COMMITTEE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR THE PRESIDENT OF THE SENATE MAY BE A FORMER MEMBER OF THE GENERAL ASSEMBLY WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(II)  NOTWITHSTANDING PARAGRAPHS (b) AND (c) OF THIS SUBSECTION (2), ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH (e), A FORMER MEMBER APPOINTED TO THE COMMITTEE BY THE SPEAKER OF THE HOUSE OR THE PRESIDENT OF THE SENATE SHALL SERVE AT THE PLEASURE OF SUCH APPOINTING OFFICIAL AND MAY BE REMOVED FROM THE COMMISSION BY SUCH INDIVIDUAL FOR MALFEASANCE IN OFFICE, FOR FAILURE TO REGULARLY ATTEND MEETINGS, OR FOR ANY CAUSE WHICH RENDERS SUCH MEMBER INCAPABLE OF OR UNABLE TO DISCHARGE THE DUTIES OF HIS OFFICE. A FORMER MEMBER APPOINTED TO THE COMMITTEE BY THE SPEAKER OF THE HOUSE OR THE PRESIDENT OF THE SENATE MAY BE ELECTED TO BE THE CHAIR OF THE COMMITTEE BY THE VOTING MEMBERS OF THE COMMITTEE.

(III)  THIS PARAGRAPH (e) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 7. 23­11­103, Colorado Revised Statutes, is amended to read:

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(Cont.)

23­11­103.  Colorado advanced technology institute commission ­ repeal. (2) (a)  On July 1, 1988, the terms of all commissioners then sitting shall be terminated, and new appointments shall be made according to the terms of this section; except that, of the seven new appointments, at least four shall be chosen from among the private industry representatives then sitting on the board. One ex officio member shall be appointed from the senate by the president of the senate, and one shall be appointed from the house of representatives by the speaker of the house of representatives. Ex officio members shall serve for terms of two years. The term of each commissioner appointed by the governor shall be four years; except that, of such commissioners first appointed, four commissioners shall be appointed for terms of two years, and three commissioners shall be appointed for terms of four years. A member appointed or designated to fill a vacancy arising other than by expiration of his term shall be appointed for the unexpired term of the commissioner whom he is to succeed. A commissioner shall be eligible for reappointment for one four­year term.

(b) (I)  NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (2), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (2), AS AMENDED, AN EX OFFICIO MEMBER OF THE COMMISSION APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE SPEAKER OF THE HOUSE IS AVAILABLE TO SERVE ON THE COMMISSION, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND AN EX OFFICIO MEMBER OF THE COMMISSION APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE PRESIDENT OF THE SENATE IS AVAILABLE TO SERVE ON THE COMMISSION, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO THE COMMISSION BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 80  24­1.5­102 (1), Colorado Revised Statutes, is amended to read:

24­1.5­102.   State administrative organization board ­ creation ­ duties ­ repeal. (1) (a)  There is hereby created the state administrative organization board, referred to in this article as the "board", to be comprised of eleven members. Two members of the board shall be appointed by the speaker of the house of representatives, one of whom shall be a member of the general assembly. One member shall be appointed by the minority leader of the house of representatives and shall not be a member of the general assembly and shall not be a state government employee. The other member appointed by the speaker shall not be a member of the general assembly and shall not be a state government employee. Two members of the board shall be appointed by the president of the senate, one of whom shall be a member of the senate. One member shall be appointed by the minority leader of the senate and shall not be a member of the general assembly and shall not be a state government employee. The other member appointed by the president shall not be a member of the general assembly and shall not be a state government employee. Five members of the board shall be appointed by the governor, three of whom shall not be members of the general assembly or state government employees.

(b) (I)  NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (1), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (1), AS AMENDED, A LEGISLATIVE MEMBER OF THE BOARD APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR THE GOVERNOR MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE GOVERNOR OR SPEAKER OF THE HOUSE IS AVAILABLE TO SERVE ON THE BOARD, BE A FORMER MEMBER OF THE GENERAL ASSEMBLY WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A LEGISLATIVE MEMBER OF THE BOARD APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE PRESIDENT OF THE SENATE IS AVAILABLE TO SERVE ON THE BOARD, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

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(Cont.)

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO THE BOARD BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE GOVERNOR, AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 90     24­30­1701 (1), Colorado Revised Statutes, is amended to read:

24­30­1701.  Commission on information management ­ creation ­ membership ­ repeal. (1) (a)   There is hereby created in the department of personnel the commission on information management, which shall consist of fifteen members and shall be constituted as follows: The governor shall appoint eight members from the private sector who shall exhibit a background in information management and technology; the president of the senate shall appoint one member of the senate, and the speaker of the house of representatives shall appoint one member of the house of representatives; and the remaining five members shall be the executive director of the department of personnel, the executive directors of three principal departments, which departments shall be designated by the governor, and the state court administrator. Private sector members shall serve for terms of four years each; except that, of those members first appointed to the commission, the terms of office shall be as follows: Two shall be appointed for one year, two shall be appointed for two years, two shall be appointed for three years, and two shall be appointed for four years. Private sector members shall receive no compensation for their services but shall be reimbursed from the governor's budget for their actual and necessary expenses incurred in the performance of their duties on the commission. Legislative members shall be compensated in the same manner as for attendance at interim committee meetings.

(b) (I)  NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (1), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (1), AS AMENDED, A MEMBER OF THE COMMISSION APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE SPEAKER OF THE HOUSE IS AVAILABLE TO SERVE ON THE COMMISSION, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COMMISSION APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE PRESIDENT OF THE SENATE IS AVAILABLE TO SERVE ON THE COMMISSION, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY. A FORMER MEMBER OF THE GENERAL ASSEMBLY APPOINTED TO THE COMMISSION BY THE SPEAKER OF THE HOUSE OR THE PRESIDENT OF THE SENATE SHALL SERVE AT THE PLEASURE OF THE APPOINTING OFFICIAL. A FORMER MEMBER OF THE GENERAL ASSEMBLY APPOINTED TO THE COMMISSION BY THE SPEAKER OF THE HOUSE OR THE PRESIDENT OF THE SENATE SHALL NOT BE COMPENSATED FOR HIS OR HER SERVICES, BUT SHALL BE REIMBURSED FROM THE GOVERNOR'S BUDGET FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF HIS OR HER DUTIES ON THE COMMISSION IN THE SAME MANNER AS PRIVATE SECTOR MEMBERS OF THE COMMISSION.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO THE COMMISSION BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 10. 24­32­1304 (2) (c), Colorado Revised Statutes, is amended to read:

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(Cont.)

24­32­1304. Colorado tourism board ­ creation ­ members ­repeal. (2) (c) (I)  One member shall be from the house of representatives, to be appointed by the speaker of the house of representatives; and one member shall be from the senate, to be appointed by the president of the senate. The two legislative members shall be appointed no later than ten days after the convening of the first regular session of each general assembly; except that the two legislative members for the fifty­fourth general assembly shall be appointed no later than May 1, 1983.

(II) (A)  NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH (c), ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH (c), AS AMENDED, A LEGISLATIVE MEMBER OF THE BOARD APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE SPEAKER OF THE HOUSE IS AVAILABLE TO SERVE ON THE BOARD, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A LEGISLATIVE MEMBER OF THE BOARD APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE PRESIDENT OF THE SENATE IS AVAILABLE TO SERVE ON THE BOARD, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY. A FORMER MEMBER OF THE GENERAL ASSEMBLY APPOINTED TO THE BOARD BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR THE PRESIDENT OF THE SENATE SHALL BE CONFIRMED BY THE SENATE.

(B)  THIS SUBPARAGRAPH (II) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO THE BOARD BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 110  24­32­2003, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

24­32­2003.  Colorado youth conservation and service corps council ­ creation ­ membership ­ duties. (2.5) (a)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (l) OF SUBSECTION (2) OF THIS SECTION, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (2.5), A MEMBER OF THE COUNCIL APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE SPEAKER OF THE HOUSE IS AVAILABLE TO SERVE ON THE COUNCIL, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COUNCIL APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE PRESIDENT OF THE SENATE IS AVAILABLE TO SERVE ON THE COUNCIL, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(b)  THIS SUBSECTION (2.5) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION  120  24­50­104 (2) (c) (II), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUB­SUBPARAGRAPHS to read:

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(Cont.)

24­50­104.  Job evaluation and compensation ­ repeal. (2)  Compensation and benefits policy. (c) (II) (C)   NOTWITHSTANDING SUB­SUBPARAGRAPHS (A) AND (B) OF THIS SUBPARAGRAPH (II), ON OR AFTER THE EFFECTIVE DATE OF THIS SUB­SUBPARAGRAPH (C), A MEMBER OF THE COUNCIL APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE SPEAKER OF THE HOUSE IS AVAILABLE TO SERVE ON THE COUNCIL, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COUNCIL APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE PRESIDENT OF THE SENATE IS AVAILABLE TO SERVE ON THE COUNCIL, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(D)  SUB­SUBPARAGRAPH (C) OF THIS SUBPARAGRAPH (II) AND THIS SUB­SUBPARAGRAPH (D) ARE REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE COUNCIL OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 130  24­52­102 (1) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

24­52­102.  Deferred compensation plan ­ state deferred compensation committee ­ repeal. (1) (a) (III) (A)  NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH (a), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH (III), A MEMBER OF THE COMMITTEE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE SPEAKER OF THE HOUSE IS AVAILABLE TO SERVE ON THE COMMITTEE, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COMMITTEE APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE PRESIDENT OF THE SENATE IS AVAILABLE TO SERVE ON THE COMMITTEE, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY. A LEGISLATIVE MEMBER OF THE COUNCIL SHALL SERVE FOR THE DURATION OF THE MEMBER'S TERM OF OFFICE ON THE COMMITTEE.

(B)  THIS SUBPARAGRAPH (III) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO THE COMMITTEE BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 140  24­60­1305, Colorado Revised Statutes, is amended to read:

24­60­1305.  Advisory committee created ­ repeal. (1)  There is hereby established the multistate tax compact advisory committee composed of the member of the multistate tax commission representing this state any alternate designated by him OR HER; the attorney general or his OR HER designee; the members of the consulting committee; and two members of the senate, appointed by the president; and two members of the house of representatives, appointed by the speaker. The chairman CHAIR shall be the member of the commission representing this state. The committee shall meet on the call of its chairman or at the request of a majority of its members, but in any event it shall meet not less than three times in each year. The committee may consider any and all matters relating to recommendations of the multistate tax commission and the activities of the members in representing this state thereon.

SB 98-111

(Cont.)

(2) (a)   NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED, A MEMBER OF THE COMMITTEE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE SPEAKER OF THE HOUSE IS AVAILABLE TO SERVE ON THE COMMITTEE, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COMMITTEE APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE PRESIDENT OF THE SENATE IS AVAILABLE TO SERVE ON THE COMMITTEE, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(b)  THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE COMMITTEE OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 150  The introductory portion to 24­80.5­101 (5), Colorado Revised Statutes, is amended, and the said 24­80.5­101 (5) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

24­80.5­101.  Works of art in public places ­ allocations therefor from capital construction costs ­ guidelines ­ fund created ­ repeal. (5)  All works of art acquires ACQUIRED with funds allocated under subsection (3) of this section shall be contracted for separately from all other items in the original construction plans pursuant to the following guidelines:

(e) (I)  NOTWITHSTANDING SUBPARAGRAPHS (VIII) AND (IX) OF PARAGRAPH (a) OF THIS SUBSECTION (5), ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH (e), A MEMBER OF AN ARTIST SELECTION JURY APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE SPEAKER OF THE HOUSE IS AVAILABLE TO SERVE ON THE ARTIST SELECTION JURY, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF AN ARTIST SELECTION JURY APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE PRESIDENT OF THE SENATE IS AVAILABLE TO SERVE ON THE ARTIST SELECTION JURY, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(II)  THIS PARAGRAPH (e) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO ARTIST SELECTION JURIES BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 160  25­7­136 (3) (b) (I), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUB­SUBPARAGRAPH to read:

25­7­136.  Air pollution data collection and technical evaluation ­ repeal. (3) (b) (I) (D)  NOTWITHSTANDING SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (I), ON OR AFTER THE EFFECTIVE DATE OF THIS SUB­SUBPARAGRAPH (D), A MEMBER OF THE PANEL APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE SPEAKER OF THE HOUSE IS AVAILABLE TO SERVE ON THE PANEL, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE PANEL APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE PRESIDENT OF THE SENATE IS AVAILABLE TO SERVE ON THE PANEL, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY. THIS SUB­SUBPARAGRAPH (D) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE PANEL OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SB 98-111

(Cont.)

SECTION 170  26­11­101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

26­11­101.  Commission on the aging created ­ repeal. (3) (a)  NOTWITHSTANDING SUBSECTIONS (1) AND (2) OF THIS SECTION, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (3), ONE MEMBER OF THE COMMISSION MAY BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND ONE MEMBER OF THE COMMISSION MAY BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY. A MEMBER OF THE GENERAL ASSEMBLY WHO CEASES TO HOLD HIS OR HER OFFICE IN THE GENERAL ASSEMBLY MAY CONTINUE TO SERVE AS A MEMBER OF THE COMMISSION.

(b)  THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE COMMISSION OF FORMER MEMBERS OF THE GENERAL ASSEMBLY SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 180  26­18­103 (2), Colorado Revised Statutes, is amended to read:

26­18­103.  State council created ­ powers and duties ­ report ­ repeal. (2) (a)  The state council shall consist of fourteen members, ten of whom shall be appointed by the governor and four of whom shall be members of the general assembly. The members appointed by the governor shall be as follows: One representative each from the state departments of health care policy and financing, public health and environment, human services, and education; one representative from the governor's job training office; two representatives from local government, one of whom shall be from a county or city and county with a population greater than one hundred thousand people, and one from a county with a population of less than one hundred thousand people; one representative from the private sector who provides services which promote functional families; and two parents of children in a family who serve on local advisory councils. The members from the general assembly shall be as follows: Two members from the house of representatives, one of whom shall be appointed by the speaker of the house of representatives and one of whom shall be appointed by the minority leader; and two members from the state senate, one of whom shall be appointed by the president of the senate and one of whom shall be appointed by the minority leader.

(b) (I)  NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (2), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (2), AS AMENDED, A MEMBER OF THE COUNCIL APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR THE HOUSE MINORITY LEADER MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE SPEAKER OF THE HOUSE AND HOUSE MINORITY LEADER IS AVAILABLE TO SERVE ON THE COUNCIL, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COUNCIL APPOINTED BY THE PRESIDENT OF THE SENATE OR THE SENATE MINORITY LEADER MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE PRESIDENT OF THE SENATE AND SENATE MINORITY LEADER IS AVAILABLE TO SERVE ON THE COUNCIL, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO THE COUNCIL BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 190  39­29­116 (4), Colorado Revised Statutes, is amended to read:

SB 98-111

(Cont.)

39­29­116.  Uranium mill tailings remedial action program fund ­ creation ­ repeal. (4) (a)  There is hereby created a uranium mill tailings remedial action program fund oversight committee. The oversight committee shall consist of five members, comprised of the executive director of the department of local affairs, two members of the house of representatives, appointed by the speaker of the house of representatives, and two members of the senate, appointed by the president of the senate. One of the legislative members shall be from the capital development committee, and one of the legislative members shall reside on the western slope. The department of public health and environment shall annually report on or before September 15 of each year to the oversight committee on the progress of the cleanup of uranium mill tailing sites pursuant to the uranium mill tailings remedial action program, the proposed and final transfers or disposition of the land of any of the sites, and the proposed program activities and financing requested for the next fiscal year. The oversight committee shall review such report and obtain any additional information it needs in order to prepare a recommendation to the joint budget committee on the proposed funding amounts and sources for the next fiscal year.

(b) (I)  NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (4), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (4), AS AMENDED, A LEGISLATIVE MEMBER OF THE COMMITTEE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE SPEAKER OF THE HOUSE IS AVAILABLE TO SERVE ON THE COMMITTEE, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A LEGISLATIVE MEMBER OF THE COMMITTEE APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE PRESIDENT OF THE SENATE IS AVAILABLE TO SERVE ON THE COMMITTEE, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO THE COMMITTEE BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 200  Effective date ­ applicability. (1)  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.

(2)  The provisions of this act shall apply to appointments made on or after the applicable effective date of this act.".

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

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

SB 98-151; HB 98-1341, 98-1052, 98-1095, 98-1084, declared passed on Second Reading.

SB 98-145 as amended, 98-49 as amended, 98-124 as amended, 98-165 as amended, 98-133 as amended, 98-111 as amended, declared passed on Second Reading.

SB 98-34 as amended, 98-155 as amended, declared lost on Second Reading.

SB 98-99, 98-102, 98-61, 98-171, 98-51, 98-69; HB 98-1208; SB 98-106, 98-136, 98-159; HB 98-1017, 98-1073, 98-1355; SB 98-93; HB 98-1351, 98-1074, 98-1078, 98-1126, laid over until Friday, February 20, retaining their place on the calendar.

SB 98-52 as amended, laid over until Friday, February 20, retaining its place on the calendar.

SB 98-84, 98-157, laid over until Monday, February 23, retaining their place on the calendar.

______________________________

On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, consideration of HB 98-1346 on Third Reading and Final Passage was laid over until Friday, February 20, retaining its place on the calendar.

______________________________

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 Thursday, February 19, was laid over until Friday, February 20, retaining its place on the calendar.

______________________________

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

February 20, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate