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

Order

Prayer By the chaplain, Dr. Mel Taylor.

Roll Call Present--Total, 33.

Absent--Lacy, Tebedo--Total, 2.

Present later--Lacy, Tebedo.

Quorum The President announced a quorum present.

Reading of On motion of Senator Chlouber, reading of the Journal of February 19th was dispensed

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 98-178.

Services

Correctly engrossed: SB 98-49, 111, 124, 133, 145, 151, 165.

Correctly revised: HB 98-1052, 1084, 1095, 1341.

COMMITTEE OF REFERENCE REPORTS

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

Environment, referred favorably to the Committee of the Whole: HB 98-1076

Welfare and

Institutions

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

Environment, referred favorably to the Committee of the Whole: HB 98-1210

Welfare and

Institutions

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1071

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1139

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

Natural referred favorably to the Committee of the Whole: HB 98-1109

Resources

and Energy

Agriculture, After consideration on the merits, the committee recommends that the following be Natural referred to the Senate for final action: SJR 98-6

Resources

and Energy

Health, After consideration on the merits, the committee recommends that HB 98-1149 be

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

Welfare and favorable recommendation:

Institutions

HB 98-1149

(Cont.)

Amend reengrossed bill, page 2, after line 11, insert the following:

"(II)  RELATIONSHIPS AMONG PHYSICIANS AND OTHER HEALTH CARE PROVIDERS, PATIENTS, AND PAYORS ARE CHANGING;".

Renumber succeeding subparagraphs accordingly.

Page 3, line 1, after the semicolon insert "AND";

line 3, strike "INCREASES; AND" and substitute "INCREASES.";

strike lines 4 through 6.

Page 4, line 3, strike "NURSES", and substitute "NURSES, DENTISTS";

line 4, strike "DENTISTS,";

line 8, after the period add "NO TWO OF SUCH MEMBERS SHALL BE FROM THE SAME SEGMENT OF THE INDUSTRY.";

line 13, strike "THREE", and substitute "TWO";

line 14, strike "NO" and substitute "ONE MEMBER OF THE HOUSE OF REPRESENTATIVES SHALL BE APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES;";

strike line 15;

line 16, strike "THREE", and substitute "TWO"; line 17, strike "NO MORE THAN TWO OF WHOM SHALL BE FROM", and substitute "ONE MEMBER OF THE SENATE SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE.";

strike line 18.

Page 5, after line 1, insert "(d) THE TASK FORCE SHOULD CONSIDER THE APPOINTMENT OF SUB-COMMITTEES TO ASSIST IN ADVISING THE TASK FORCE.".

Reletter succeeding paragraphs accordingly.

Page 5, strike lines 21 and 22 and substitute the following:

"(A)  CHANGES IN RELATIONSHIPS AMONG HEALTH CARE PROVIDERS, PATIENTS, AND PAYORS;".

Page 6, strike line 9;

line 12, change the period to a semicolon;

after line 12, insert the following:

"(VI)  THE ROLE OF PUBLIC HEALTH PROGRAMS AND SERVICES;

(VII)  THE SOCIAL AND FINANCIAL COSTS AND BENEFITS OF MANDATED HEALTH CARE COVERAGES; AND

(VIII)  THE ROLE OF SINGLE PAYOR IN COLORADO.";

line 15, after "SECTION." insert "IF ANY RECOMMENDATION REQUIRES A STATUTORY CHANGE OR ADDITION, AN AFFIRMATIVE VOTE BY A MAJORITY OF THOSE MEMBERS OF THE COMMITTEE WHO ARE ALSO MEMBERS OF THE GENERAL ASSEMBLY SHALL BE REQUIRED IN ORDER TO AUTHORIZE THE PREPARATION OF ANY RECOMMENDATIONS AS LEGISLATION.".

Health, After consideration on the merits, the committee recommends that HB 98-1015 be

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

Welfare and favorable recommendation:

Institutions

HB 98-1015

(Cont.)

Amend reengrossed bill, page 2, strike lines 5 through 15 and substitute the following:

"(II)  This paragraph (e) is repealed, effective July 1, 1998. Prior to such repeal, the exception to the licensure requirement set forth in this paragraph (e) shall be subject to review pursuant to the provisions of section 2­3­1201, C.R.S., by the sunrise and sunset review committee.";

strike lines 24 through 26 and substitute the following:

"(II)  This paragraph (o) is repealed, effective July 1, 1998. Prior to such repeal, the exemption to licensure requirement set forth in this paragraph (o) shall be subject to review by a legislative committee of reference designated pursuant to section 2­3­1201, C.R.S., to conduct the review pursuant to section 24­34­104, C.R.S., and the provisions of section 24­34­104 (5) to (12), C.R.S., concerning a wind­up period, an analysis and evaluation, public hearings, and claims by or against an agency shall apply to the operation of the program specified in this paragraph (o).".

Page 3, strike lines 1 through 6;

strike lines 13 through 20 and substitute the following:

"(II)  This paragraph (h) is repealed, effective July 1, 1998. Prior to such repeal, the exclusion set forth in this paragraph (h) shall be subject to review by a legislative committee of reference designated pursuant to section 2­3­1201, C.R.S., to conduct the review pursuant to section 24­34­104, C.R.S., and the provisions of section 24­34­104 (5) to (12), C.R.S., concerning a wind­up period, an analysis and evaluation, public hearings, and claims by or against an agency shall apply to the operation of the program specified in this paragraph (h).".

Page 4, line 18, after the period, insert the following:

"NOTWITHSTANDING ANY PROVISION OF THIS SUBPARAGRAPH (I.5) TO THE CONTRARY, EVERY UNLICENSED PERSON SHALL BE RE-EVALUATED FOR COMPETENCY AS DESCRIBED IN SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (ee) EVERY FOUR YEARS. THE DEPARTMENT SHALL NOT APPROVE SUCH RE-EVALUATION FOR ANY PERSON ABOUT WHOM THE DEPARTMENT HAS RECEIVED A COMPLAINT UNTIL SUCH COMPLAINT IS RESOLVED TO THE SATISFACTION OF THE DEPARTMENT.".

Page 5, strike lines 23 through 26 and substitute the following:

"(VI) (A)  This paragraph (ee) is repealed, effective July 1, 1998.

(B)  Prior to such repeal, the program established by this paragraph (ee) shall be subject to review by a legislative committee of reference designated pursuant to section 2­3­1201, C.R.S., to conduct the review pursuant to section 24­34­104, C.R.S., and the provisions of section 24­34­104 (5) to (12), C.R.S., concerning a wind­up period, an analysis and evaluation, public hearings, and claims by or against an agency shall apply to the operation of the program specified in this paragraph (ee).".

Page 6, strike lines 1 through 8.

Page 7, strike lines 5 through 26.

Page 8, strike lines 1 through 3.

Renumber succeeding sections accordingly.

MESSAGE FROM THE HOUSE

February 19, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1264, 1269, 1271, 1279, and 1368.

The House has passed on Third Reading and transmitted to the Revisor of Statutes

HCR98-1001, amended as printed in House Journal, February 18, page 617;

HCR98-1004, amended as printed in House Journal, February 18, page 652;

HB98-1100, amended as printed in House Journal, February 18, page 652;

HB98-1101, amended as printed in House Journal, February 18, pages 654-655;

HB98-1104, amended as printed in House Journal, February 18, page 649;

HB98-1114, amended as printed in House Journal, February 18, pages 617-618;

HB98-1131, amended as printed in House Journal, February 18, pages 655-656;

HB98-1160, amended as printed in House Journal, February 18, pages 653-654;

HB98-1165, amended as printed in House Journal, February 18, page 656;

HB98-1214, amended as printed in House Journal, February 18, page 656;

HB98-1221, amended as printed in House Journal, February 18, page 627;

HB98-1236, amended as printed in House Journal, February 18, page 658;

HB98-1250, amended as printed in House Journal, February 18, page 656;

HB98-1260, amended as printed in House Journal, February 18, pages 652-653;

HB98-1309, amended as printed in House Journal, February 18, page 657;

HB98-1328, amended as printed in House Journal, February 18, page 658.

MESSAGE FROM THE REVISOR

February 19, 1998

We herewith transmit:

without comment, HB98-1264, 1269, 1271, 1279, and 1368; and,

without comment, as amended, HCR98-1001, HCR98-1004, HB98-1100, 1101, 1114, 1131, 1160, 1165, 1214, 1221, 1236, 1250, 1260, 1309, and 1328; and,

with comment, as amended, HB98-1104.

THIRD READING OF BILLS--FINAL PASSAGE

On Third Reading, the titles of the following bills were publicly read, the reading at length having been dispensed with by unanimous consent:

HB 98-1346 by Rep. Grampsas; Senator Lacy--Suppl Approp Dept Of Labor & Employment

The question being "Shall the bill pass?" the roll was called with the following result:

YES 35		NO 0		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

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

The question being "Shall the bill pass?" the roll was called with the following result:

YES 35		NO 0		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

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

The question being "Shall the bill pass?" the roll was called with the following result:

YES 35		NO 0		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

SB 98-49 by Sen. Schroeder; Rep. May--Tax Exempt Internet & On Line Services

The question being "Shall the bill pass?" the roll was called with the following result:

YES 33		NO 2		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	N
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	N	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Alexander, Bishop, Chlouber, Congrove, Hernandez, Lamborn, Mutzebaugh, Norton, Powers, Tebedo, Wham.

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

The question being "Shall the bill pass?" the roll was called with the following result:

YES 30		NO 5		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	N
Ament	Y	Hernandez	N	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	N
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	N	Rupert	N	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Alexander, Congrove, Norton, Powers, Tebedo.

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

The question being "Shall the bill pass?" the roll was called with the following result:

YES 35		NO 0		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

SB 98-151 Co-sponsors added: Rupert, Tebedo.

(Cont.)

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

The question being "Shall the bill pass?" the roll was called with the following result:

YES 35		NO 0		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Arnold, Bishop, Hernandez, Matsunaka, Tebedo, Weddig.

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

The question being "Shall the bill pass?" the roll was called with the following result:

YES 35		NO 0		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsor added: Tebedo

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

The question being "Shall the bill pass?" the roll was called with the following result:

YES 35		NO 0		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

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

The question being "Shall the bill pass?" the roll was called with the following result:

YES 35		NO 0		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

SB 98-165 A majority of all members elected to the Senate having voted in the affirmative, the bill was

(Cont.) declared PASSED.

Co-sponsors added: Hernandez, Hopper, Martinez, Norton, Rupert, Tebedo, Weddig, Wham.

SB 98-133 by Sen. Wham; Rep. Snyder--Campaign Contributions

The question being "Shall the bill pass?" the roll was called with the following result:

YES 33		NO 2		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	N	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	N	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Ament, Hernandez, Johnson, Mutzebaugh, Phillips, Tanner, Tebedo, Thiebaut, Wattenberg, Weddig.

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

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

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

of the for consideration of General Orders and Senator Ament 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 98-99 by Sen. Wham; Rep. Tool--Authorization For Needle Exchange Prog

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, February 6, page 183.)

Amendment No. 2, by Senator Wham

Amend the committee amendment, as printed in the Senate Journal, February 6, page 183, line 34, strike ""preventive"." and substitute ""PREVENTIVE".";

line 67, change the period to a semicolon;

after line 67, insert the following:

"line 25, strike "rules." and substitute "guidelines.".

Page 9, line 18, strike "C.R.S." and substitute "C.R.S., AS PROVIDED IN SECTION 18­18­430.5, C.R.S.".".

As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage. (For further action, see Roll Call Vote, page 307.)

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

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, February 12, page 220.)

As amended, laid over until Monday, February 23, retaining its place on the calendar.

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

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 12, pages 222-223, except for those portions printed in Senate Journal, February 12, page 223, lines 25-26 and lines 59-71, which were declared LOST on Second Reading.).)

Amendment No. 2, by Senator Coffman

Amend printed bill, page 5, line 24, after "(1) (f) (III),", insert "(1) (f) (VI),";

line 25, strike "amended" and substitute "amended, and the said 32­15­106 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH,".

Page 6, line 19, strike "tax revenues," and substitute "tax revenues AND ADMISSIONS TAX REVENUES,";

line 21, strike "tax" and substitute "tax OR THE ADMISSIONS TAX";

Page 7, after line 21, insert the following:

"(VI)  That the board has entered into an agreement with the counties within the district and with the city and county of Denver to provide such counties and the city and county of Denver with a benefit from the revenues, other than sales tax revenues AND ADMISSIONS TAX REVENUES, derived from the operation of Mile High stadium if it is renovated or the new stadium during the period of time the district is collecting the sales tax OR THE ADMISSIONS TAX OR SUCH LONGER PERIOD AS THE BOARD MAY DETERMINE APPROPRIATE.".

Page 9, after line 2, insert the following:

"(n.5)  TO LEVY AND COLLECT, IF THE BOARD SO DETERMINES, A TAX UPON ADMISSIONS TO A NEW STADIUM CONSTRUCTED BY THE DISTRICT PURSUANT TO THE PROVISIONS OF THIS ARTICLE, SUBJECT TO THE REQUIREMENTS OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION;";

strike line 4 and substitute the following:

"32­15­107 (1) (a), (1) (b) (I), (1) (b) (III), (1) (d) (I) (B), (1) (d) (III), (1) (d) (IV), (3), (4) (a), (5),";

after line 16, insert the following:

"(I) (A)  To levy and collect, for a period commencing after the termination of the sales tax levied and collected by the Denver metropolitan major league baseball stadium district pursuant to section 32­14­105 and continuing for a period not to extend beyond January 1, 2012, a uniform sales tax throughout the district at a rate not to exceed one­tenth of one percent upon every transaction or other incident with respect to which a sales tax is levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S.; except that such sales tax shall be levied on purchases of machinery or machine tools that are otherwise exempt pursuant to section 39­26­114 (11), C.R.S., to the extent that such purchases are subject to the sales tax levied by the regional transportation district pursuant to section 29­2­105 (1) (d), C.R.S., to be held and distributed pursuant to the provisions of section 32­15­111; and

SB 98-171

(Cont.)

(B)  TO LEVY AND COLLECT A TAX UPON ADMISSIONS TO A NEW STADIUM PURSUANT TO SECTION 32­15­110.5 FOR A PERIOD NOT TO EXTEND BEYOND JANUARY 1, 2012, AND AT A RATE NOT TO EXCEED TEN PERCENT UPON EVERY PURCHASE OF ADMISSION TO SUCH STADIUM, TO BE HELD AND DISTRIBUTED PURSUANT TO THE PROVISIONS OF SECTION 32­15­111; AND".

Page 10, before line 1, insert the following:

"(I) (A)  That the district will levy and collect the sales tax specified in paragraph (a) of this subsection (1) for a period of time commencing after the termination of the sales tax levied and collected by the Denver metropolitan major league baseball stadium district pursuant to section 32­14­105 and continuing for a period not to extend beyond January 1, 2012;

(B)  IF THE DISTRICT HAS MADE A DETERMINATION TO LEVY AN ADMISSIONS TAX PURSUANT TO THE TERMS OF THIS ARTICLE, THAT THE DISTRICT WILL LEVY AND COLLECT THE ADMISSIONS TAX SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (1) FOR A PERIOD NOT TO EXTEND BEYOND JANUARY 1, 2012.".

Page 11, line 20, before "A", insert "[A (____) PERCENT ADMISSIONS TAX AND FROM THE LEVY AND COLLECTION OF] [THIS CLAUSE TO BE INSERTED IF DETERMINED TO BE APPROPRIATE BY THE DISTRICT]";

Page 12, line 1, before "TAX", insert "SALES AND USE".

Page 13, after line 8, insert the following:

"(IV)  If at any election a majority of the registered electors within the geographical boundaries of the district voting on the question vote affirmatively on the question specified in paragraph (d) of this subsection (1), then the sales tax AND THE ADMISSIONS TAX shall be levied, collected, and distributed as provided for in this article.".

Page 14, after line 6, insert the following:

"(5)  The provisions of subsection (1) of this section CONCERNING THE SALES TAX shall not be applicable if the authority of the district to levy and collect any sales tax approved by the registered electors has expired pursuant to the provisions of this article. THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION CONCERNING THE ADMISSIONS TAX SHALL NOT BE APPLICABLE IF THE AUTHORITY OF THE DISTRICT TO LEVY AND COLLECT ANY ADMISSIONS TAX APPROVED BY THE REGISTERED ELECTORS HAS EXPIRED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.";

after line 18, insert the following:

"SECTION 5.  Article 15 of title 32 , Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

32­15­110.5.  Admissions tax imposed ­ collection ­ discontinuance. (1) (a)  UPON THE APPROVAL OF THE REGISTERED ELECTORS PURSUANT TO THE PROVISIONS OF SECTION 32­15­107, THE BOARD SHALL HAVE THE POWER TO LEVY AN ADMISSIONS TAX UPON THE ADOPTION OF A RESOLUTION FOR A PERIOD NOT TO EXTEND BEYOND JANUARY 1, 2012, UPON EVERY PURCHASE OF AN ADMISSION TO A NEW STADIUM CONSTRUCTED BY THE DISTRICT PURSUANT TO THIS ARTICLE. THE AMOUNT OF THE TAX SHALL NOT EXCEED TEN PERCENT OF THE PRICE OF EACH ADMISSION. THE BOARD SHALL HAVE THE AUTHORITY TO DETERMINE WHETHER TO LEVY AN ADMISSIONS TAX PURSUANT TO THIS SECTION AND NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE THE DISTRICT TO LEVY SUCH A TAX.

SB 98-171

(Cont.)

(b)  EVERY VENDOR MAKING A SALE TO A PURCHASER THAT IS TAXABLE UNDER THE PROVISIONS OF THIS SECTION IS REQUIRED AT THE TIME OF MAKING SUCH SALE TO COLLECT THE TAX IMPOSED BY THIS SECTION FROM THE PURCHASER. THE TAX TO BE COLLECTED AS PROVIDED IN THIS SECTION SHALL BE CONSPICUOUSLY, INDELIBLY, AND SEPARATELY STATED AND CHARGED FROM THE SALES PRICE ON THE TICKET OR CARD EVIDENCING THE SALE AND SHOWN SEPARATELY FROM THE SALES PRICE ON ANY RECORD MADE THEREOF AT THE TIME OF THE SALE OR AT THE TIME WHEN EVIDENCE OF THE SALE IS FIRST ISSUED OR EMPLOYED BY THE VENDOR; EXCEPT THAT, WHEN ADDED, SUCH TAX SHALL CONSTITUTE A PART OF SUCH PURCHASE OR CHARGE AND SHALL BE A DEBT FROM THE PURCHASER TO THE VENDOR UNTIL PAID AND SHALL BE RECOVERABLE AT LAW IN THE SAME MANNER AS OTHER DEBTS. THE TAX SHALL BE PAID BY THE PURCHASER TO THE VENDOR WHO, AS TRUSTEE FOR AND ON ACCOUNT OF THE DISTRICT, SHALL BE LIABLE TO THE DISTRICT FOR THE COLLECTION AND RETURN THEREOF.

(c)  THE DISTRICT MAY PRESCRIBE FORMS AND PROCEDURES IN CONFORMITY WITH THIS SECTION FOR THE ADDING OF THE ADMISSIONS TAX TO THE PURCHASE PRICE OF AN ADMISSION, THE MAKING OF RETURNS, FOR THE ASCERTAINMENT, ASSESSMENT, AND COLLECTION OF THE TAX IMPOSED PURSUANT TO THIS SECTION, AND FOR THE PROPER ADMINISTRATION AND ENFORCEMENT THEREOF.

(2)  IN NO CASE SHALL THE ADMISSIONS TAX AUTHORIZED BY THIS SECTION BE LEVIED FOR A PERIOD OF TIME LONGER THAN IS NECESSARY TO GENERATE REVENUES SUFFICIENT TO PAY THE PRINCIPAL, INTEREST, AND PREPAYMENT PREMIUM, IF ANY, ON OUTSTANDING SPECIAL OBLIGATIONS BONDS ISSUED BY THE BOARD PURSUANT TO THE PROVISIONS OF THIS ARTICLE AND FOR SUCH OTHER PURPOSES SPECIFIED IN SECTION 32­15­111. UNLESS ENDED EARLIER, SUCH ADMISSIONS TAX SHALL NOT CONTINUE BEYOND JANUARY 1, 2012.

SECTION 6.  The introductory portion to 32­15­111 (1) and 32­15­111 (1) (d), (1) (e), and (2), Colorado Revised Statutes, are amended to read:

32­15­111.  Sales tax and admissions tax revenues ­ use. (1)  Sales tax revenues AND ADMISSIONS TAX REVENUES levied and collected pursuant to the provisions of section SECTIONS 32­15­110 AND 32­15­110.5 shall be used by the board for the following purposes:

(d)  To reimburse the board for the day­to­day operating costs incurred in the administration of the district; however, such costs shall not exceed three­fourths of one percent of the amount of sales tax AND ADMISSIONS TAX revenues collected annually;

(e)  To reimburse the board for any loans made to the board or any direct out­of­pocket expenses incurred by the board on and after the effective date of this act for matters directly related to the duties of the board prior to the time that sales tax OR ADMISSIONS TAX revenues were available for use by the board;

(2)  If sales tax revenues AND ADMISSIONS TAX REVENUES levied and collected pursuant to the provisions of section SECTIONS 32­15­110 AND 32­15­110.5 and the operating revenues generated by the district are insufficient for all of the purposes set forth in subsection (1) of this section, the purpose set forth in paragraph (a) of said subsection (1) shall have first priority of such sales AND ADMISSIONS tax revenues.

SECTION 7.  32­15­112 (1) (e), Colorado Revised Statutes, is amended to read:

32­15­112.  Operating revenues ­ use. (1)  Any operating revenues generated by the district, including, but not limited to, lease payments, fees, rentals, rates, tolls, penalties, and charges for services, programs, or facilities furnished by the district, shall be used by the board for the following purposes:

(e)  To meet the obligations of any agreement with the counties within the district and the city and county of Denver to provide such counties and the city and county of Denver with a benefit from the revenues, other than sales tax revenues OR ADMISSIONS TAX REVENUES, derived from the operation of the stadium during the period of time the district is collecting the sales tax.

SECTION 8.  32­15­113 (1), Colorado Revised Statutes, is amended to read:

SB 98-171

(Cont.)

32­15­113.  Issuance of special obligation bonds. (1)  Upon the approval of the registered electors pursuant to the provisions of section 32­15­107, the district may borrow money in anticipation of the revenues generated from the operation of a stadium and sales AND ADMISSIONS tax revenues of the district and may issue special obligation bonds in the maximum amount of one hundred eighty million dollars to evidence the amount so borrowed.

SECTION 9.  32­15­114, Colorado Revised Statutes, is amended to read:

32­15­114.  Pledge of sales and admissions tax revenues and net operating revenues. The payment of special obligation bonds may be secured by the specific pledge of sales tax revenues and ADMISSIONS TAX REVENUES of the district, operating revenues of the district, or moneys or assets of the district held in escrow, as the board, in its discretion, may determine. Operating revenues, sales tax revenues, ADMISSIONS TAX REVENUES or moneys or assets held in escrow pledged for the payment of any special obligation bonds, as received by the district, shall immediately be subject to the lien of such pledge, without any physical delivery thereof, any filing, or further act, and the lien of such pledge and the obligation to perform the contractual provisions made in the authorizing resolution or other instrument relating thereto shall have priority over all other obligations and liabilities of the district, except as may be otherwise provided in this article or in such resolution or instrument, and subject to any prior pledges and liens previously created. The lien of such pledge shall be valid and binding as against all persons having claims of any kind in tort, contract, or otherwise against the district, regardless of whether such persons have notice thereof.

SECTION 10.  32­15­115, Colorado Revised Statutes, is amended to read:

32­15­115.  Payment, recital, and securities. Special obligation bonds issued pursuant to the provisions of this article and constituting special obligations shall recite in substance that the obligations and the interest thereon are payable solely from operating revenues of the district, sales tax revenues of the district, ADMISSIONS TAX REVENUES OF THE DISTRICT, or moneys or assets of the district held in escrow, as the case may be, pledged to the payment thereof.

SECTION 11.  32­15­117, Colorado Revised Statutes, is amended to read:

32­15­117.  Limitation upon payment. The payment of special obligation bonds shall not be secured by any encumbrance, mortgage, or other pledge of property of the district, other than operating revenues, sales tax revenues, ADMISSIONS TAX REVENUES, or moneys or assets held in escrow. No property of the district, subject to this exception, shall be liable to be forfeited or taken in payment of the special obligation bonds.

SECTION 12.  32­15­123, Colorado Revised Statutes, is amended to read:

SB 98-171

(Cont.)

32­15­123.  Revenue sharing. After all the principal, interest, and premium, if any, of the special obligation bonds issued pursuant to this article are paid in full and the levy and collection of sales tax AND ADMISSIONS TAX revenues by the district is discontinued, but prior to the repeal of this article, any funds collected by the district that are, in the sole discretion of the board, deemed not to be necessary for the anticipated expenses and reserves of the district shall be credited at least annually to the general fund of each county, city and county, city, and town which is included, in whole or in part, in the district based upon the proportion of the total amount of sales tax revenues collected pursuant to section 32­15­110 within such county, city and county, city, and town to the total amount of sales tax revenues collected pursuant to section 32­15­110 within the district. For purposes of this section, the total amount of sales tax revenues collected within a county shall not include any sales tax revenues collected in any city or town located within such county. In addition, in computing said proportion, any sales tax revenues collected in any county, city, or town which is not included, in whole or in part, within the geographical boundaries of the district shall not be included in the total amount of sales tax revenues collected within the district.

SECTION 13.  32­15­124, Colorado Revised Statutes, is amended to read:

32­15­124.  Report. On or before the first day of March immediately following the levy and collection of the sales tax by the district and on and after March 1 of each year thereafter, the board shall file a report with the general assembly indicating the amount of any revenues raised by any sales tax AND ANY ADMISSIONS TAX levied and collected pursuant to the provisions of this article, the amount of any revenues generated from the operation of the stadium pursuant to the provisions of this article, the amount of any revenues received from all other sources and specifying such sources, and the distribution and use of such revenues.".

Renumber succeeding sections accordingly.

Amendment No. 3, by Senator Lacy

Amend the Business Affairs and Labor Committee amendment, as printed in Senate Journal, February 12, page 223, after line 3, insert the following:

"Page 5, line 24, after "(1) (f) (III),", insert "(1) (f) (VI),".";

after line 10, insert the following:

"Page 7, after line 21, insert the following:

"(VI)  That the board has entered into an agreement with WILL PROVIDE the counties within the district and with the city and county of Denver to provide such counties and the city and county of Denver with a benefit from the revenues, other than sales tax revenues, derived from the operation of Mile High stadium if it is renovated or the new stadium during the period of time the district is collecting the sales tax OR SUCH LONGER PERIOD AS THE BOARD MAY DETERMINE APPROPRIATE.".".

Amendment No. 4, by Senator Wells

Amend the Business Affairs and Labor Committee amendment, as printed in Senate Journal, February 12, page 222, strike lines 69 through 72 and substitute the following:

AAmend printed bill, page 2, strike lines 6 through 11.

Page 3, strike lines 1 through 26 and substitute the following:

A(7) "Stadium" means a sports facility that is designed for MULTIPURPOSE use. THE PRIMARY USE IS, BUT IS NOT LIMITED TO, primarily as a national football league football stadium, which meets criteria established by the board, which meets criteria that may be established by the national football league, and that may include, but is not limited to, such features as parking areas, sky boxes, and press boxes that are necessary or desirable for such sports facility.@.

Strike page 4.@.

Page 6, after line 15, insert the following:

Amend printed bill, page 5, line 25, strike Aand(2)(i),@ and substitute A(2)(i) and (3),@.

Page 9, after line 2, insert the following:

SB 98-171

(Cont.)

A(3) If Mile High stadium is renovated or if a new stadium is built, the board shall make a good faith effort to sell or lease the name of the stadium and any symbol or image of the general design, appearance, or configuration of the stadium, including trademarks, service marks, trade names, and logos. All proceeds from such sale or lease, if any, shall be used by the board FIRST TO PAY FOR THE EXPENSES RELATED TO THE CONSTRUCTION OF A RETRACTABLE ROOF FOR SUCH STADIUM AND THEN to pay the principal, interest, and prepayment premium, if any, on outstanding special obligation bonds issued by the board pursuant to the provisions of this article.@.

Page 11, line 25 strike AFOOTBALL@ and substitute AMULTI-USE@.

As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage. (For further action, see below, Roll Call Vote, and page 308, where the Lacy amendment to the Report of the Committee of the Whole was adopted and SB 98-171 was laid over until Monday, February 23.)

SB 98-102 by Sen. Linkhart--Entities

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 12, pages 213-217 .)

Amendment No. 2, by Senators Linkhart and Tebedo

Amend printed bill, page 54, after line 15, insert the following:

ASECTION 57. 7­137­101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

(6) THE BYLAWS OF AN EXISTING CORPORATE ENTITY MAY BE AMENDED AS PROVIDED IN ITS ARTICLES OF INCORPORATION OR BYLAWS. UNLESS OTHERWISE SO PROVIDED, THE POWER TO AMEND SUCH BYLAWS SHALL BE VESTED IN THE BOARD OF DIRECTORS.@

Renumber succeeding sections accordingly.

As amended, laid over until Monday, February 23, retaining its place on the calendar.

The following bills on the General Orders calendar of Friday, February 20, were laid over until Monday, February 23, retaining their place on the calendar:

HB 98-1208; SB 98-51, 98-52, 98-69, 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, 98-1016, 98-1022.

ROLL CALL VOTE ON SB 98-99

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

On the request of Senator Arnold, the President ordered a roll call vote on SB 98-99.

YES 20		NO 15		EXCUSED 0		ABSENT 0
Alexander	N	Feeley	Y	Mutzebaugh	NE	Tanner	Y
Ament	N	Hernandez	Y	Pascoe	Y	Tebedo	N
Arnold	N	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	YY	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	N	Lacy	N	Powers	N	Weddig	Y
Chlouber	N	Lamborn	N	Reeves	Y	Wells	N
Coffman	N	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	N	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	N	Matsunaka	Y	Schroeder	N

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

On the request of Senator Hernandez, the President ordered a roll call vote on SB 98-171.

YES 18		NO 17		EXCUSED 3		ABSENT 1
Alexander	Y	Feeley	N	Mutzebaugh	NE	Tanner	Y
Ament	Y	Hernandez	N	Pascoe	N	Tebedo	N
Arnold	N	Hopper	Y	Perlmutter	Y	Thiebaut	N
Bishop	YY	Johnson	Y	Phillips	N	Wattenberg	Y
Blickensderfer	N	Lacy	Y	Powers	N	Weddig	Y
Chlouber	Y	Lamborn	N	Reeves	Y	Wells	Y
Coffman	N	Linkhart	N	Rizzuto	N	Wham	Y
Congrove	N	Martinez	N	Rupert	N	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

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

Senator Lacy moved to amend the Report of the Committee of the Whole to show that the severed portion of the Business Affairs and Labor Committee Amendment did pass.

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

YES 16		NO 19		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	N	Mutzebaugh	NE	Tanner	Y
Ament	Y	Hernandez	N	Pascoe	N	Tebedo	N
Arnold	N	Hopper	Y	Perlmutter	Y	Thiebaut	N
Bishop	YY	Johnson	Y	Phillips	N	Wattenberg	Y
Blickensderfer	N	Lacy	Y	Powers	N	Weddig	N
Chlouber	Y	Lamborn	N	Reeves	Y	Wells	N
Coffman	N	Linkhart	N	Rizzuto	N	Wham	Y
Congrove	N	Martinez	N	Rupert	N	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

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

Senator Lacy moved to amend the Report of the Committee of the Whole to show that SB 98-171 laid over until the General Orders calendar of Monday, February 23.

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 Ament, 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 98-99 as amended, declared passed on Second Reading.

HB 98-1208; SB 98-51, 98-52, 98-69, 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, 98-1016, 98-1022, laid over until Monday, February 23, retaining their place on the calendar.

SB 98-61 as amended, 98-102 as amended, laid over until Monday, February 23, retaining their place on the calendar.

SB 98-171 as amended, laid over until Monday, February 23.

______________________________

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 20, was laid over until Monday, February 23, retaining its place on the calendar.

______________________________

Senate in recess.

Senate reconvened.

MESSAGE FROM THE HOUSE

February 20, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1093, 1228, 1274, and 1293.

The House has passed on Third Reading and transmitted to the Revisor of Statutes

HCR98-1002, amended as printed in House Journal, February 19, page 619;

HB98-1021, amended as printed in House Journal, February 19, page 665;

HB98-1152, amended as printed in House Journal, February 19, pages 619-620;

HB98-1203, amended as printed in House Journal, February 19, pages 666-667;

HB98-1226, amended as printed in House Journal, February 19, pages 664-665;

HB98-1231, amended as printed in House Journal, February 19, page 667;

HB98-1256, amended as printed in House Journal, February 19, page 667;

HB98-1287, amended as printed in House Journal, February 19, page 668;

HB98-1300, amended as printed in House Journal, February 19, pages 668-669;

HB98-1305, amended as printed in House Journal, February 19, page 668;

HB98-1332, amended as printed in House Journal, February 19, pages 669-670;

HB98-1363, amended as printed in House Journal, February 19, pages 670-671.

MESSAGE FROM THE REVISOR

February 20, 1998

We herewith transmit:

without comment, HB98-1093, 1228, 1274, and 1293; and,

without comment, as amended, HCR98-1002, HB 98-1021, 1152, 1203, 1226, 1231, 1256, 1287, 1300, 1305, 1332, and 1363.

INTRODUCTION OF BILLS--FIRST READING

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

SB 98-179 by Senators Dennis, Bishop, and Perlmutter--Concerning enforcement of the federal "Safe Drinking Water Act" by the department of public health and environment, and, in connection therewith, making an appropriation.

Local Government

Appropriations

HB 98-1021 by Representatives Pfiffner, Clarke, and Leyba; also Senators Bishop, Linkhart, Powers, and Reeves--Concerning the enterprise status of higher education auxiliary facilities, and, in connection therewith, extending the expiration date of the designation of auxiliary facilities as enterprises and modifying the list of auxiliary facilities that are designated as enterprises.

Education

HB 98-1093 by Representative Veiga; also Senator Mutzebaugh--Concerning elections for members of the board of directors of the regional transportation district.

Transportation

HB 98-1100 by Representatives Salaz, Arrington, Epps, Lawrence, McElhany, Musgrave, Paschall, Sinclair, and T. Williams; also Senator Lamborn--Concerning the reduction of the state income tax rate.

Finance

HB 98-1101 by Representative Young; also Senator Wattenberg--Concerning regulation of the livestock industry by the division of brand inspection in the department of agriculture, and, in connection therewith, increasing fees for livestock inspection, providing for the public sale of abandoned brands, creating an annual transportation permit for cattle and alternative livestock, and authorizing the certification of feedlots by the state board of stock inspection commissioners.

Agriculture, Natural Resources and Energy

HB 98-1114 by Representatives Pankey, Agler, and Lawrence; also Senators Wham, Lacy, and Weddig--Concerning implementation of constitutional changes to the old age pension program, and making an appropriation in connection therewith.

Health, Environment, Welfare and Institutions

HB 98-1131 by Representative K. Alexander; also Senator Bishop--Concerning self-sufficiency for persons with disabilities by assuring reliable facilitative technology.

Health, Environment, Welfare and Institutions

HB 98-1152 by Representative George; also Senator Bishop--Concerning property taxation, and, in connection therewith, specifying the valuation for assessment percentages for certain classifications of property and establishing a homestead exemption for a portion of the actual value of owner-occupied residential property used as a primary residence and owned by a person who has resided in the state for two years or longer.

Finance

Appropriations

HB 98-1160 by Representative Adkins; also Senator Wham--Concerning substantive changes for the strengthening of the criminal laws, and making an appropriation therefor.

Judiciary

HB 98-1165 by Representative Musgrave; also Senator Ament--Concerning a change in state income tax policy to encourage donations of food to qualified nonprofit organizations that provide food to needy individuals free of charge.

Finance

HB 98-1203 by Representative Smith; also Senator Perlmutter--Concerning deceptive trade practices relating to the sale of manufactured homes.

Business Affairs and Labor

HB 98-1214 by Representative K. Alexander; also Senator Ament--Concerning the exemption of farm equipment from state sales and use tax.

Finance

HB 98-1221 by Representative Kaufman; also Senator Wham--Concerning a process for attorney general review of significant transactions effecting the transfer of assets or control of a hospital.

Health, Environment, Welfare and Institutions

HB 98-1226 by Representative Adkins; also Senator Blickensderfer--Concerning limitations on the provision of health education.

Health, Environment, Welfare and Institutions

HB 98-1228 by Representative C. Berry; also Senator Powers--Concerning a temporary state income tax rate reduction for the purpose of refunding state revenues in excess of the limitation on state fiscal year spending for any given fiscal year.

Finance

Appropriations

HB 98-1231 by Representatives Tool, Anderson, Dean, Entz, and Sullivant; also Senators J. Johnson, B. Alexander, and Chlouber--Concerning an assistance program for school district capital construction.

Education

Appropriations

HB 98-1236 by Representative Epps; also Senator Coffman--Concerning placements of offenders after completion of a regimented inmate discipline program.

Judiciary

HB 98-1250 by Representative Kaufman; also Senator Reeves--Concerning electronic filing requirements relating to amounts deducted and withheld from employee wages for state income tax purposes.

Finance

HB 98-1256 by Representatives Anderson and Tool; also Senator Wham--Concerning the retention of state revenues in excess of the constitutional limitation on state fiscal year spending for certain fiscal years for the purpose of financing certain government purposes, and, in connection therewith, providing financial assistance for public school capital construction projects and providing additional revenues for state and local transportation needs and for public higher education capital construction projects.

Finance

Appropriations

HB 98-1260 by Representatives Salaz, McElhany, Pankey, McPherson, Arrington, Dean, Lamborn, Musgrave, Owen, Paschall, Pfiffner, Smith, Taylor, and Young; also B. Alexander--Concerning restrictions on the regulation of firearms by local governments.

Judiciary

HB 98-1264 by Representatives Adkins and Kaufman; also Senator Wells--Concerning discovery procedures in class 1 felony cases.

Judiciary

HB 98-1269 by Representative Sinclair; also Senator Powers--Concerning an exemption from state use tax for certain donations of manufactured goods by the manufacturer of such goods.

Finance

Appropriations

HB 98-1271 by Representative Spradley; also Senator Dennis--Concerning the state estate tax.

Finance

HB 98-1274 by Representatives Gordon and Owen; also Senator Blickensderfer--Concerning the authority of the executive director of the department of personnel to allocate departmental powers, duties, and functions within the department.

State, Veterans, and Military Affairs

HB 98-1279 by Representatives Tupa, Gordon, Allen, Bacon, G. Berry, Chavez, Dean, Dyer, June, Kaufman, Lamborn, Mace, Morrison, Saliman, Swenson, Veiga, S. Williams, T. Williams, and Zimmerman; also Senators Reeves, Hernandez, Pascoe, Rupert, and Thiebaut--Concerning the issuance of special license plates for alumni associations of institutions of higher education located in Colorado.

Education

HB 98-1287 by Representative Tucker; also Senator Wham--Concerning access to state parks for disabled persons.

Agriculture, Natural Resources and Energy

HB 98-1293 by Representative Clarke; also Senator Congrove--Concerning veteran's preferences for public employment.

State, Veterans, and Military Affairs

HB 98-1300 by Representative Adkins; also Senator Wham--Concerning state entities that provide legal representation for indigent persons.

Judiciary

HB 98-1305 by Representative Grossman; also Senator Wham--Concerning adjustments to a limited area of the boundary between two contiguous counties that may be made without an election if one of such counties exceeds a population of four hundred thousand.

Local Government

HB 98-1309 by Representative Gotlieb; also Senator Chlouber--Concerning the requirement of health insurers to provide coverage for the treatment of diabetes.

Health, Environment, Welfare and Institutions

HB 98-1328 by Representative Gordon; also Senator Reeves--Concerning additional restrictions on activities by minors related to tobacco.

Health, Environment, Welfare and Institutions

HB 98-1332 by Representative Sullivant; also Senator Hopper--Concerning authorization of persons who have obtained special license plates for disabled veterans to make use of parking privileges for persons with disabilities.

State, Veterans, and Military Affairs

HB 98-1363 by Representatives Taylor and Allen; also Senator Thiebaut--Concerning the provision by electors of the last four digits of an elector's social security number in connection with voter registration.

State, Veterans, and Military Affairs

HB 98-1368 by Representative Adkins; also Senator Mutzebaugh--Concerning scientific and cultural facilities districts, and, in connection therewith, authorizing the inclusion of all of Douglas county in the Denver metropolitan scientific and cultural facilities district and authorizing the creation of scientific and cultural facilities districts that are not coterminous with county boundaries.

Local Government

INTRODUCTION OF CONCURRENT RESOLUTIONS--FIRST READING

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

HCR 98-1001 by Representatives Pankey, Agler, and Lawrence; also Senators Wham, Lacy, and Weddig--Submitting to the registered electors of the state of Colorado an amendment to article XXIV of the constitution of the state of Colorado, concerning modifications to the old age pension program, and, in connection therewith, providing for a phased-in increase in the minimum age of eligibility from age sixty to coincide with the retirement age for social security, retaining the minimum age of sixty for persons who are disabled or unemployable, authorizing the recovery of interim assistance reimbursement payments, providing that these constitutional changes shall apply to applicants on or after January 1, 1999, and that there shall be no interruption or change in benefits to recipients currently receiving the old age pension, and, increasing the cap on the state-only health and medical care program for old age pensioners.

Health, Environment, Welfare and Institutions

HCR 98-1002 by Representative George; also Senator Bishop--Submitting to the registered electors of the state of Colorado an amendment to sections 3 and 20 of article X of the state constitution, concerning property taxation, and, in connection therewith, modifying the valuation for assessment percentages for certain classifications of property, establishing a homestead exemption for a portion of the actual value of owner-occupied residential property used as a primary residence and owned by a person who has resided in the state for two years or longer, and authorizing mill levies to be increased without prior voter approval as long as the existing constitutional restriction on property tax revenues is not exceeded.

Finance

Appropriations

HCR 98-1004 by Representatives Dean, Agler, Allen, Arrington, Bacon, Gordon, Musgrave, Pankey, Pfiffner, Reeser, Salaz, Sinclair, Swenson, Taylor, and Tool; also Senators Rizzuto and Congrove--Submitting to the registered electors of the state of Colorado an amendment to article V of the constitution of the state of Colorado, concerning measures initiated by petition, and, in connection therewith, decreasing the number of signatures required on petitions proposing state legislation, increasing the number of signatures required on petitions proposing a constitutional amendment, and prohibiting the General Assembly from amending or repealing any law enacted by the initiative within TWO years of adoption unless approved by two-thirds of all the members elected to each house of the General Assembly.

State, Veterans and Military Affairs

COMMITTEE OF REFERENCE REPORTS

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

Veterans, referred favorably to the Committee of the Whole: HB 98-1054

and Military

Affairs

Trans- After consideration on the merits, the committee recommends that SB 98-166 be

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

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

"SECTION 1.  Article 1 of title 43, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 14

COLORADO TRANSPORTATION PLANNING ACT OF 1998

43­1­1401.  Short title.  THIS PART 14 SHALL BE KNOWN AND MAY BE CITED AS THE "COLORADO TRANSPORTATION PLANNING ACT OF 1998".

43­1­1402.  Legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:

(a)  THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT CREATED PURSUANT TO SECTION 32­9­109.5, C.R.S., IS EMPOWERED TO CARRY OUT THE ESTABLISHMENT, MAINTENANCE, AND OPERATION OF A MASS TRANSIT SYSTEM IN SUCH DISTRICT;

(b)  THE TRANSPORTATION COMMISSION CREATED PURSUANT TO SECTION 43­1­106 IS CHARGED WITH FORMULATING STATE POLICY ON THE MANAGEMENT, CONSTRUCTION, AND MAINTENANCE OF PUBLIC HIGHWAYS AND OTHER TRANSPORTATION SYSTEMS IN THE STATE; AND

(c)  THE COLORADO AERONAUTICAL BOARD CREATED PURSUANT TO SECTION 43­10­104 IS DIRECTED TO ESTABLISH POLICIES FOR THE GROWTH AND DEVELOPMENT OF AVIATION IN THE STATE.

SB 98-166

(Cont.)

(2)  THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT COMMUNICATION AND COOPERATION BETWEEN THESE GOVERNING BODIES IS ESSENTIAL TO THE OVERALL COORDINATION OF THE STATEWIDE TRANSPORTATION PLANNING PROCESS. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT SUCH COORDINATION AMONG THESE GOVERNING BODIES ACHIEVES EFFICIENCIES IN THE TRANSPORTATION PLANNING PROCESS, ENCOURAGES THE AVOIDANCE OF CONFLICT AND INCONSISTENCIES BETWEEN THE POLICIES PURSUED BY EACH GOVERNING BODY, AND PROVIDES GUIDANCE IN THE ALLOCATION AND USE OF THE RESOURCES OF EACH GOVERNING BODY.

(3)  IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT, IN CONNECTION WITH THE COORDINATION OF THE STATEWIDE TRANSPORTATION PLANNING PROCESS BETWEEN THESE GOVERNING BODIES, EACH SUCH GOVERNING BODY SHALL REMAIN AUTONOMOUS WITH REGARD TO THE STATUTORY DUTIES AND RESPONSIBILITIES OF THE GOVERNING BODY, INCLUDING DECISIONS AND ACTIONS DIRECTLY RELATED TO THE POLICY­MAKING RESPONSIBILITIES, BUDGET, AND EXPENDITURES OF SUCH GOVERNING BODY.

43­1­1403.  Definitions.  AS USED IN THIS PART, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "AERONAUTICAL BOARD" MEANS THE COLORADO AERONAUTICAL BOARD CREATED PURSUANT TO SECTION 43­10­104.

(2)  "RTD BOARD" MEANS THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT CREATED PURSUANT TO SECTION 32­9­109.5, C.R.S.

(3)  "TRANSPORTATION COMMISSION" MEANS THE TRANSPORTATION COMMISSION CREATED PURSUANT TO SECTION 43­1­106.

43­1­1404.  Joint meetings. (1)  THE RTD BOARD, THE TRANSPORTATION COMMISSION, AND THE AERONAUTICAL BOARD SHALL MEET JOINTLY AT A COMMON LOCATION NOT LESS THAN ONCE EACH QUARTER. SUCH A JOINT MEETING SHALL CONSTITUTE A REGULAR MEETING OF THE RTD BOARD, THE TRANSPORTATION COMMISSION, AND THE AERONAUTICAL BOARD FOR PURPOSES OF THE STATUTES AND RULES GOVERNING REGULAR MEETINGS OF EACH SUCH GOVERNING BODY.

(2)  AT SUCH JOINT MEETING, THE RTD BOARD, THE TRANSPORTATION COMMISSION, AND THE AERONAUTICAL BOARD MAY DISCUSS AND EVALUATE ANY MATTER THAT IS RELEVANT TO COORDINATING THE STATEWIDE TRANSPORTATION PLANNING PROCESS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

(a)  PENDING DECISIONS AND PROJECTS RELATING TO THE CONSTRUCTION, MANAGEMENT, IMPROVEMENT, AND MAINTENANCE OF THE STATE HIGHWAY AND TRANSPORTATION SYSTEMS;

(b)  DEVELOPMENTS IN THE TRANSPORTATION POLICY OF THE STATE;

(c)  THE ESTABLISHMENT, MAINTENANCE, AND OPERATION OF A MASS TRANSIT SYSTEM IN THE STATE;

(d)  THE STATE AVIATION SYSTEMS PLAN;

(e)  POLICIES FOR GROWTH AND DEVELOPMENT OF AVIATION IN THE STATE;

(f)  THE STATUS OF ONGOING AND UPCOMING PROJECTS AND THE AMOUNTS TO BE EXPENDED ON SUCH PROJECTS.

(3)  ANY ITEM OF OFFICIAL BUSINESS TO BE VOTED ON BY EITHER THE RTD BOARD, THE TRANSPORTATION COMMISSION, OR THE AERONAUTICAL BOARD MAY BE CONSIDERED AND DISCUSSED AT SUCH JOINT MEETING. A VOTE ON SUCH ITEM SHALL BE LIMITED TO THE MEMBERS OF EITHER THE RTD BOARD, THE TRANSPORTATION COMMISSION, OR THE AERONAUTICAL BOARD, WHICHEVER HAS SUCH ITEM PENDING BEFORE IT.

SECTION 2.  32­9­116, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION, to read:

SB 98-166

(Cont.)

32­9­116.  Meeting of board.  (4)  THE BOARD SHALL MEET JOINTLY WITH THE TRANSPORTATION COMMISSION CREATED PURSUANT TO SECTION 43­1­106, C.R.S., AND THE COLORADO AERONAUTICAL BOARD CREATED PURSUANT TO SECTION 43­10­104, C.R.S., AS PROVIDED IN SECTION 43­1­1404, C.R.S.

SECTION 3.  43­1­106, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION, to read:

43­1­106.  Transportation commission ­ powers and duties.  (6.5)  THE COMMISSION SHALL MEET JOINTLY WITH THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT CREATED PURSUANT TO SECTION 32­9­109.5, C.R.S., AND THE COLORADO AERONAUTICAL BOARD CREATED PURSUANT TO SECTION 43­10­104, AS PROVIDED IN SECTION 43­1­1404. EACH MEMBER OF THE COMMISSION SHALL RECEIVE THE COMPENSATION AND REIMBURSEMENT FOR EXPENSES ALLOWED PURSUANT TO SUBSECTION (6) OF THIS SECTION FOR ATTENDANCE AT SUCH A MEETING.

SECTION 4.  43­10­104 (1), Colorado Revised Statutes, is amended, and the said 43­10­104 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

43­10­104.  Colorado aeronautical board ­ creation. (1)  The division shall be under the jurisdiction of the Colorado aeronautical board, which board is hereby created. The board shall consist of seven members. The initial members of the board shall be the members of the Colorado aeronautical board as such existed in the department of military affairs prior to July 1, 1991, and the terms of such members shall expire as the original terms of such members were scheduled to expire. Thereafter, the governor shall appoint their successors for terms of three years each. If any such member vacates his or her office during the term for which appointed to the board, a vacancy on the board shall exist and shall be filled by the governor for the unexpired term. All such appointments shall be with the consent of the senate. THE BOARD SHALL MEET REGULARLY NOT LESS THAN ONCE EACH QUARTER. The board shall annually elect from its members a chairman CHAIR, a vice­chairman VICE­CHAIR, and a secretary. The members of the board shall receive fifty dollars per diem while the board is in session and shall be reimbursed for all actual and necessary expenses incurred in the performance of their official duties. The board shall not conduct any business unless there are at least four members of the board present.

(3)  THE BOARD SHALL MEET JOINTLY WITH THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT CREATED PURSUANT TO SECTION 32­9­109.5, C.R.S., AND THE TRANSPORTATION COMMISSION CREATED PURSUANT TO SECTION 43­1­106, AS PROVIDED IN SECTION 43­1­1404. EACH BOARD MEMBER SHALL RECEIVE THE COMPENSATION AND REIMBURSEMENT FOR EXPENSES ALLOWED PURSUANT TO SUBSECTION (1) OF THIS SECTION FOR ATTENDANCE AT SUCH A MEETING.

SECTION 5.  32­9­109.5 (1) (a) and (3), Colorado Revised Statutes, are amended, and the said 32­9­109.5 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:

32­9­109.5.  Board of directors ­ membership ­ powers ­ repeal. (1) (a) (I)  Effective January 1, 1983, the governing body of the district shall be a board of directors consisting of fifteen persons, each of whom is an eligible elector residing within the director district.

(II)  THIS PARAGRAPH (a) IS REPEALED, EFFECTIVE JULY 1, 2000.

(1.5)  EFFECTIVE JANUARY 1, 2001, THE GOVERNING BODY OF THE DISTRICT SHALL BE A BOARD OF DIRECTORS CONSISTING OF ELEVEN MEMBERS. SEVEN MEMBERS SHALL BE ELECTED AS PROVIDED IN SECTION 32­9­111. EACH ELECTED DIRECTOR SHALL BE AN ELIGIBLE ELECTOR RESIDING WITHIN THE DIRECTOR DISTRICT. FOUR DIRECTORS SHALL BE APPOINTED AS AT­LARGE DIRECTORS PURSUANT TO SECTION 32­9­111.5. EACH AT­LARGE DIRECTOR SHALL BE AN ELIGIBLE ELECTOR OF THE DISTRICT.

SB 98-166

(Cont.)

(3) (a)  The terms of members of the board serving on December 31, 1982, shall expire on January 1, 1983, and a new board, constituted pursuant to this section shall take office on January 1, 1983, after having been elected pursuant to section 32­9­111.

(b)  THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2000.

(3.5)  THE TERMS OF MEMBERS OF THE BOARD SERVING ON DECEMBER 31, 2000, SHALL EXPIRE ON JANUARY 1, 2001, AND A NEW BOARD, CONSTITUTED PURSUANT TO THIS SECTION SHALL TAKE OFFICE ON JANUARY 1, 2001, AFTER HAVING BEEN ELECTED PURSUANT TO SECTION 32­9­111 AND APPOINTED PURSUANT TO SECTION 32­9­111.5.

SECTION 6.  32­9­111, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

32­9­111.  Election of directors ­ dates ­ terms ­ repeal.  (1) (a.5)  FOLLOWING THE GENERAL ELECTION IN 1998, THE BOARD OF DIRECTORS SHALL APPORTION THE COMPOSITION OF THE BOARD INTO COMPACT AND CONTIGUOUS DIRECTOR DISTRICTS SO THAT THE DIRECTORS ELECTED AT THE GENERAL ELECTION HELD IN 2000 WILL REPRESENT, TO THE EXTENT PRACTICAL BASED ON POPULATION, EACH COUNTY IN THE DISTRICT. SUCH APPORTIONMENT SHALL BE COMPLETED BEFORE MARCH 15, 2000, AND SHALL BE MADE ONLY UPON THE AFFIRMATIVE VOTE OF TWO­THIRDS OF THE TOTAL MEMBERSHIP OF THE BOARD. IF SUCH APPORTIONMENT IS NOT COMPLETED BEFORE MARCH 15, 2000, THE LEGISLATIVE COUNCIL, WITH THE ASSISTANCE OF THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL AND THE DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL SERVICES, SHALL, BY APRIL 15, 2000, APPORTION THE COMPOSITION OF THE BOARD INTO COMPACT AND CONTIGUOUS DIRECTOR DISTRICTS SO THAT THE DIRECTORS WILL REPRESENT, TO THE EXTENT PRACTICABLE BASED ON POPULATION, EACH COUNTY IN THE DISTRICT. THE APPORTIONMENT RECOMMENDED BY THE LEGISLATIVE COUNCIL SHALL BE SUBMITTED TO THE GENERAL ASSEMBLY WHICH SHALL APPROVE OR AMEND THE APPORTIONMENT BEFORE MAY 1, 2000.

SECTION 7.  32­9­111 (1) (a), (3), and (4), Colorado Revised Statutes, are amended, and the said 32­9­111 is further amended BY THE ADDITION OF NEW SUBSECTION, to read:

32­9­111.  Election of directors ­ dates ­ terms ­ repeal.  (1) (a)  After the federal census in 1980 and each federal census thereafter, the board of directors shall apportion the composition of the board into compact and contiguous director districts so that the fifteen SEVEN ELECTED directors will represent, to the extent practical the people of the district on the basis of population BASED ON POPULATION, EACH COUNTY IN THE DISTRICT. Such apportionment shall be completed before March 15 of the second year following that in which the federal census is taken and shall be made only upon the affirmative vote of two­thirds of the total membership of the board. If such apportionment is not completed before March 15 of such year, the legislative council, with the assistance of the director of research of the legislative council and the director of the office of legislative legal services, shall, by April 15, apportion the composition of the board into compact and contiguous director districts so that the fifteen SEVEN ELECTED directors will represent, to the extent practicable, the people of the district on the basis of population. The apportionment recommended by the legislative council shall be submitted to the general assembly which shall approve or amend the apportionment before May 1 of such year.

(3)  The regular district election shall be held jointly with the state general election in every even­numbered year as provided in section 1­7­116, C.R.S., and the first election shall be held in 1982 2000. Each director shall be elected by the eligible electors residing within the director district.

(4) (a)  Except as provided in this subsection (4), the regular term of office of directors shall be four years. At the election held in 1982, eight members of the board shall be elected for two­year terms. The two­year terms shall be determined by lot at the first meeting of the board following the apportionment of director districts. Seven members shall be elected for four­year terms.

SB 98-166

(Cont.)

(b)  THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2000.

(4.5)  EXCEPT AS PROVIDED IN THIS SUBSECTION (4.5), THE REGULAR TERM OF OFFICE OF DIRECTORS SHALL BE FOUR YEARS. AT THE ELECTION HELD IN 2000, FOUR MEMBERS OF THE BOARD SHALL BE ELECTED FOR TWO­YEAR TERMS. THE TWO­YEAR TERMS SHALL BE DETERMINED BY LOT AT THE FIRST MEETING OF THE BOARD FOLLOWING THE APPORTIONMENT OF DIRECTOR DISTRICTS. THREE MEMBERS SHALL BE ELECTED FOR FOUR­YEAR TERMS.

SECTION 8.  Part 1 of article 9 of title 32, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

32­9­111.5.  Appointments to board of directors. (1)  THE AT­LARGE MEMBERS OF THE BOARD OF DIRECTORS SHALL BE APPOINTED AS PROVIDED IN THIS SECTION.

(2)  THE GOVERNOR SHALL APPOINT FOUR MEMBERS TO THE BOARD AS FOLLOWS:

(a)  ONE MEMBER SHALL BE APPOINTED FROM THE DENVER REGIONAL COUNCIL OF GOVERNMENTS, CREATED PURSUANT TO THE PROVISIONS OF SECTION 30­28­105, C.R.S.;

(b)  ONE MEMBER SHALL BE APPOINTED FROM THE E­470 PUBLIC HIGHWAY AUTHORITY CREATED PURSUANT TO SECTION 43­4­504, C.R.S.;

(c)  ONE MEMBER SHALL BE APPOINTED FROM THE TRANSPORTATION OR TRUCKING INDUSTRY; AND

(d)  ONE MEMBER SHALL BE APPOINTED FROM AN ORGANIZATION OR ASSOCIATION OF MEMBERS ENGAGED IN TRADE, BUSINESS, OR INDUSTRY IN COLORADO.

(2) (a)  NO AT­LARGE MEMBER MAY BE APPOINTED FOR MORE THAN TWO TERMS.

(b)  NO MORE THAN ONE AT­LARGE MEMBER MAY BE APPOINTED FROM ANY ONE COUNTY IN THE DISTRICT.

(c)  IN THE EVENT THAT NO RESIDENT OF A COUNTY SERVES AS AN AT­LARGE MEMBER FOR A PERIOD OF FOUR CONSECUTIVE YEARS, A RESIDENT OF SUCH COUNTY SHALL BE APPOINTED TO FILL THE TERM OF AN AT­LARGE MEMBER THAT EXPIRES AT THE END OF SUCH FOUR­YEAR PERIOD.

(3)  OF THE MEMBERS FIRST APPOINTED TO THE BOARD, THE MEMBERS REPRESENTING THE DENVER REGIONAL COUNCIL OF GOVERNMENTS AND THE E­470 PUBLIC HIGHWAY AUTHORITY SHALL EACH BE APPOINTED FOR A TWO­YEAR TERM, AND THE MEMBERS REPRESENTING THE TRANSPORTATION OR TRUCKING INDUSTRY AND AN ORGANIZATION OR ASSOCIATION OF MEMBERS ENGAGED IN TRADE, BUSINESS, OR INDUSTRY IN COLORADO SHALL BE APPOINTED FOR A FOUR­YEAR TERM. THEREAFTER, MEMBERS OF THE BOARD SHALL BE APPOINTED FOR TERMS OF FOUR YEARS. APPOINTMENTS MADE TO THE BOARD WHEN THE SENATE IS NOT IN SESSION SHALL BE TEMPORARY APPOINTMENTS, AND THE APPOINTEES SHALL SERVE ON A TEMPORARY BASIS UNTIL THE SENATE IS IN SESSION AND IS ABLE TO CONFIRM SUCH APPOINTMENTS, AS PROVIDED IN SECTION 6 (1) OF ARTICLE IV OF THE COLORADO CONSTITUTION. EACH MEMBER SHALL HOLD OFFICE UNTIL THE MEMBER'S SUCCESSOR IS APPOINTED AND QUALIFIED.

(4)  UPON A VACANCY OCCURRING IN THE BOARD OF AN AT­LARGE MEMBER BY REASON OF AN AT­LARGE MEMBER'S DEATH OR RESIGNATION OR FOR ANY OTHER REASON, THE VACANCY FOR THE UNEXPIRED TERM OF OFFICE OF SUCH MEMBER, UPON THE CREATION OF SUCH VACANCY, SHALL BE FILLED BY THE GOVERNOR.

SECTION 9.  Effective date.  Sections 8 and 9 of this act shall take effect July 1, 2000, and the remainder of this act shall take effect upon passage.

SB 98-166

(Cont.)

SECTION 10.  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.".

Page 1, strike lines 102 through 104 and substitute the following:

"1998", AND, IN CONNECTION THEREWITH, MODIFYING THE PROVISIONS ON THE NUMBER AND ELECTION OF THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT";

line 105, strike "COMMISSION".

Trans- After consideration on the merits, the committee recommends that SB 98-170 be

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

Amend printed bill, page 2, strike lines 14 through 21 and substitute the following:

"subject to the limitations of section 24­75­201.1. The amount which shall accrue pursuant to this".

Page 3, strike lines 1 and 2;

line 12, strike "TRANSPORTATION" and substitute "HIGHWAY";

line 19, strike "TRANSPORTATION" and substitute "HIGHWAY";

line 23, strike "TRANSPORTATION" and substitute "HIGHWAY".

Page 4, line 9, strike "TRANSPORTATION" and substitute "HIGHWAY";

line 16, strike "TRANSPORTATION" and substitute "HIGHWAY";

line 20, strike "TRANSPORTATION" and substitute "HIGHWAY".

Page 5, line 7, strike "TRANSPORTATION" and substitute "HIGHWAY";

line 14, strike "TRANSPORTATION" and substitute "HIGHWAY";

line 18, strike "TRANSPORTATION" and substitute "HIGHWAY".

Page 6, line 6, strike "TRANSPORTATION" and substitute "HIGHWAY";

line 13, strike "TRANSPORTATION" and substitute "HIGHWAY";

line 17, strike "TRANSPORTATION" and substitute "HIGHWAY";

line 25, strike "TRANSPORTATION" and substitute "HIGHWAY".

Page 7, line 6, strike "TRANSPORTATION" and substitute "HIGHWAY";

line 10, strike "TRANSPORTATION" and substitute "HIGHWAY";

strike lines 12 through 26.

Page 8, strike lines 1 through 18.

Renumber succeeding sections accordingly.

Page 10, line 6, strike "THIRTY­THREE" and substitute "SIXTY­SIX AND TWO­THIRDS";

line 11, strike "SIXTY­SIX" and substitute "THIRTY­THREE AND ONE­THIRD".

Page 11, strike lines 5 through 11;

strike lines 14 through 26.

Strike pages 12 through 15.

SB 98-170

(Cont.)

Page 16, strike lines 1 through 14 and substitute the following:

"SECTION 6.  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.".

Trans- After consideration on the merits, the committee recommends that HB 98-1026 be

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

Amend reengrossed bill, page 1, line 11, strike "FACILITY" and substitute "VEHICLE".

Page 2, line 8, strike "FACILITY" and substitute "VEHICLE";

line 21, strike "FACILITY" and substitute "VEHICLE";

strike lines 23 through 26 and substitute the following:

"(2)  ANY PERSON WHO OCCUPIES, RIDES IN, OR USES A PUBLIC TRANSPORTATION VEHICLE WITHOUT POSSESSION OF PROOF OF PRIOR FARE PAYMENT COMMITS A CLASS 2 PETTY OFFENSE. SUCH PROOF OF PRIOR FARE PAYMENT SHALL BE PRESENTED UPON DEMAND OF A PEACE OFFICER OR AN EMPLOYEE OR AGENT OF A PUBLIC TRANSPORTATION ENTITY.".

Page 3, strike lines 1 through 3.

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

portation referred favorably to the Committee of the Whole: HB 98-1047

Agriculture, After consideration on the merits, the committee recommends that SB 98-174 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 1, strike lines 2 through 9 and substitute the following:

"SECTION 1. 12-60-702 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

12-60-702. Unlawful to wager, exception - excess - taxes. (1) (d.5) FOR EACH GREYHOUND RACE MEET IT CONDUCTS, A LICENSEE SHALL FILE WITH ITS LICENSE APPLICATION WITH THE COMMISSION AN AGREEMENT BETWEEN SUCH LICENSEE AND THE ORGANIZATION WHICH REPRESENTS THE MAJORITY OF KENNEL OWNERS PARTICIPATING AT SUCH RACE MEET. SUCH AGREEMENT SHALL SPECIFY THE PURSE STRUCTURE WHICH SHALL APPLY TO THE RACES CONDUCTED AT SUCH GREYHOUND RACE MEET.".

Page 2, strike lines 1 and 2.

Agriculture, After consideration on the merits, the committee recommends that HB 98-1362 be

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

Resources favorable recommendation:

and Energy

Amend reengrossed bill, page 1, line 4, after "laws.", insert "(1)".

page 2, after line 5, insert the following:

HB 98-1362

(Cont.)

"(2)  ON OR BEFORE NOVEMBER 1, 1998, AND FOLLOWING CONSULTATION WITH THE BOARD OF COMMISSIONERS OF THE COLORADO STATE FAIR AUTHORITY, THE MANAGER OF THE COLORADO STATE FAIR AUTHORITY SHALL SUBMIT A LIST TO THE JOINT BUDGET COMMITTEE OF ANY PROVISIONS OF PART 14 OF ARTICLE 30 OF TITLE 24, C.R.S., AND THE "PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24, C.R.S., THAT THE COLORADO STATE FAIR AUTHORITY DESIRES TO REMAIN EXEMPT FROM ON OR AFTER MARCH 1, 1999.".

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

riations referred favorably to the Committee of the Whole: SB 98-2, 98-72, 98-161; HB 98-1358

Approp- After consideration on the merits, the committee recommends that SB 98-25 be

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

Amend printed bill, page 6, after line 12, insert the following:

ASECTION 2.  Appropriation ­ adjustments in long bill. (1)  In addition to any other appropriation, there is hereby appropriated, to the judicial department, for probation and related services, for the fiscal year beginning July 1, 1998, the sum of three million eight hundred sixty­nine two hundred ninety­seven dollars ($3,869,297), so much thereof as may be necessary, for the implementation of this act. Said sum shall be from the alcohol and drug driving safety program fund created in section 42­4­1301 (10), Colorado Revised Statutes.

(2)  For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows:

(a)  The cash funds appropriation to the department of human services, alcohol and drug abuse division, for alcohol/drug driving safety contracts, is decreased by three million eight hundred sixty­nine two hundred ninety­seven dollars ($3,869,297).

(b)  The cash funds exempt appropriation to the judicial department, probation and related services, for alcohol/drug driving safety contract, is eliminated.@.

Renumber succeeding sections accordingly.

Page 1, line 102, strike APROGRAM.@ and substitute APROGRAM, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.@.

Approp- After consideration on the merits, the committee recommends that SB 98-15 be

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

Amend printed bill, page 1, after line 9, insert the following:

ASECTION 2. No appropriation. The General Assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.@

Renumber succeeding section accordingly.

Approp- After consideration on the merits, the committee recommends that SB 98-50 be

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

Amend the committee amendment, as printed in Senate Journal, February 5, page 165, after line 44, insert the following:

SB 98-50

(Cont.)

" SECTION 2. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the legislative department, for the fiscal year beginning July 1, 1998, the sum of thirteen thousand three hundred fifty-three dollars ($13,353) and 0.4 FTE, or so much thereof as may be necessary, for the implementation of this act. Of said sum, eight thousand seven hundred fifty-six dollars ($8,756) and 0.3 FTE is for allocation to the office of legislative council and four thousand five hundred ninety-seven dollars ($4,597) and 0.1 FTE is for allocation to the office of legislative legal services.".

Renumber succeeding sections accordingly.

Strike lines 53 through 56.

Approp- After consideration on the merits, the committee recommends that SB 98-172 be

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

Amend printed bill, page 6, after line 20, insert the following:

"SECTION 7. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".

Renumber succeeding section accordingly.

Approp- After consideration on the merits, the committee recommends that SB 98-116 be

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

Amend printed bill, page 7, after line 6, insert the following:

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

Renumber succeeding section accordingly.

Approp- After consideration on the merits, the committee recommends that SB 98-85 be

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

Amend printed bill, page 6, after line 16, insert the following:

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

Renumber succeeding section accordingly.

MESSAGE FROM THE GOVERNOR

Appoint- A letter of designation and appointment from Governor Romer was read and assigned to

ments Committee as follows:

February 10, 1998

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 resubmit to your consideration, the following:

FIRE AND POLICE PENSION

ASSOCIATION

for terms expiring September 1, 2001:

Randall E. Atkinson of Littleton, Colorado, to serve as a

full-time paid firemen, reappointed;

David P. McConnel of Pueblo, Colorado, to serve as a

retired fireman, reappointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 2/12/98

P. Dicks, Assistant Secretary

Committee on State Veterans and Military Affairs

TRIBUTES--A POINT OF INTEREST

Honoring Jocelyn E. Renner by Senator Alexander

Honoring Joe Ramunno by Senator Bishop

Honoring Charles and Becky Oweley of Curtis Brothers by Senator Dennis

Honoring Erik Nelson by Senator Powers

On motion of Senator Wells, the Senate adjourned until 10:00 a.m., Monday,

February 23, 1998.

Approved:

Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate