Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Dr. Mel Taylor.
Roll Call Present--Total, 29.
Absent/Excused--Perlmutter, Rizzuto, Schroeder, Wattenberg, Wells--Total, 5.
Absent--Duke--Total, 1.
Present later--Duke.
Quorum The President announced a quorum present.
Reading of On motion of Senator Congrove, reading of the Journal of January 22nd was dispensed
Journal with and the Journal stands approved as corrected
by the Secretary.
SIGNING OF RESOLUTIONS
The President has signed: SR 98-3, 4.
COMMITTEE OF REFERENCE REPORTS
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural referred favorably to the Committee of the Whole: SB 98-19
Resources
and Energy
Agriculture, After consideration on the merits, the committee recommends that SB 98-10 be
Natural amended as follows and, as so amended, be referred to the Committee on Appropriations Resources with favorable recommendation:
and Energy
Amend printed bill, page 1, strike lines 2 and 3,
and substitute the following:
"SECTION 1. The introductory portion
to 258502 (1) (b) (I), 258502 (1) (b)
(I) (G), the introductory portion to (1) (b.5) (I), and 258502
(1) (c), Colorado Revised Statutes, are amended, and the said
258502 (1) (b) (I) is further amended BY THE ADDITION
OF THE FOLLOWING NEW SUBSUBPARAGRAPHS, to read:";
strike line 8 and substitute the following:
"shall be in accordance with the following schedule;
EXCEPT THAT, FOR PERMIT FEES DUE AND PAYABLE AFTER JUNE 30, 1998,
AND BEFORE JULY 1, 2000, THE FEES SET FORTH IN THE FOLLOWING SCHEDULE
SHALL BE INCREASED BY FIVE AND EIGHTTENTHS PERCENT, ROUNDED
TO THE NEAREST DOLLAR:".
Strike pages 2 through 8.
Page 9, strike lines 1 through 21, and substitute
the following:
"Facility Categories and Subcategories
for Permit Fees Annual
Fees
(G) Category 07 General permits
Subcategory 1A Sand and gravel with process
discharge and storm water $ 125
SB 98-10
(Cont.)
Subcategory 1B Sand and gravel without process
discharge storm water only $ 50
Subcategory 2 Construction dewatering $ 232
Subcategory 3 Hydrostatic
pipeline testing (not
issued yet)
[RESERVED FOR
FUTURE USE] $ 232
Subcategory 4 Placer mining $ 240
Subcategory 5 Coal mining $ 360
Subcategory 6 Water treatment plants
intermittent discharge $ 220
Subcategory 7 Water treatment plants routine
discharge $ 330
Subcategory 8 Oil and gas cleanup $ 850
Subcategory 9 Construction storm water
only $ 175
Subcategory 10 Industrial single municipal
industrial storm water only $ 150
Subcategory 11 Multiple municipal industrial
facilities storm water only
(single permit which covers all
ancillary facilities owned by a
municipality, including, but not
limited to, transportation
maintenance facilities and
landfills) $ 325
Subcategory 12 Active mineral mines less than ten
acres storm water only $ 100
Subcategory 13 Active mineral mines ten acres or
larger storm water only $ 300
Subcategory 14 Inactive mineral mines storm
water only $ 50
Subcategory 15 Department of transportation
municipal storm water statewide
permit $ 3,500
Subcategory 16 Department of transportation
construction storm water
statewide permit $ 7,550".
Page 10, strike lines 15 and 16;
strike line 21 and substitute the following:
"following schedule; EXCEPT THAT, FOR PERMIT
FEES DUE AND PAYABLE AFTER JUNE 30, 1998, AND BEFORE JULY 1, 2000,
THE FEES SET FORTH IN THE FOLLOWING SCHEDULE SHALL BE INCREASED
BY FIVE AND EIGHTTENTHS PERCENT, ROUNDED TO THE NEAREST
DOLLAR:";
strike lines 22 through 26.
Strike pages 11 and 12.
Page 13, strike lines 1 through 20.
Agriculture, After consideration on the merits, the committee recommends that SB 98-15 be
Natural amended as follows and, as so amended, be referred to the Committee on Appropriations Resources with favorable recommendation:
and Energy
Amend printed bill, page 1, line 7, strike "twenty-five"
and substitute "twenty-five
FIFTY".
Education After consideration on the merits, the committee recommends that SB 98-59 be
amended as follows and, as so amended, be referred
to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 6, line 25, after "(8)",
insert "(a)".
Page 7, after line 9, insert the following:
SB 98-59
(Cont.)
"(b) NOTWITHSTANDING ANY PROVISION OF THIS SECTION,
IMPLEMENTATION OF THE PROGRAM IS CONDITIONED UPON THE AVAILABILITY
OF MONEYS PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (8).".
Education After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee on Appropriations: SB 98-70
Judiciary After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: SB 98-90
Judiciary After consideration on the merits, the
committee recommends that the following be postponed indefinitely:
SB 98-81
Judiciary After consideration on the merits, the
committee recommends that the following be postponed indefinitely:
SB 98-113
Judiciary After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: HB 98-1002
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
SB 98-114 by Senator Wells; also Representative Kaufman--Concerning the formulae by which public employee retirement benefits may be divided pursuant to a court-approved agreement entered into between parties to a domestic relations action.
Judiciary
SB 98-115 by Senator Alexander; also Representative Anderson--Concerning coordination of technology, and making an appropriation therefor.
Business Affairs and Labor
Appropriations
SB 98-116 by Senator Schroeder; also Representative Schauer--Concerning the collection of sales and use taxes on purchases of tangible personal property by persons in Colorado from out-of-state retailers, and, in connection therewith, specifying the method depending on federal legislation for collecting and remitting local taxes where such sales are affected by mail order or use of the internet.
Finance
SB 98-117 by Senator Tanner; also Representative Chavez--Concerning the provision of youth development services, and, in connection therewith, establishing the office of youth development to organize and oversee the creation of comprehensive community-based youth development services systems, and making an appropriation therefor.
Local Government
Appropriations
SB 98-118 by Senator Powers; also Representative Paschall--Concerning clarifying that persons whose business consists primarily of renting motor vehicles for transportation purposes need not be licensed under statutes governing licensure of persons transacting insurance business.
Transportation
SB 98-119 by Senator Alexander; also Representative Dean--Concerning the extension of state employee benefit coverage to noncompensated state elected officials.
State, Veterans, and Military Affairs
SB 98-120 by Senator Ament--Concerning authorization for including a portion of Weld county in the regional transportation district.
Transportation
SB 98-121 by Senator Congrove--Concerning partial-birth abortions.
Health, Environment, Welfare and Institutions
SB 98-122 by Senator Schroeder; also Representative May--Concerning the creation of the department of communication and information resources.
Business Affairs and Labor
SB 98-123 by Senator Congrove--Concerning the prohibition of discrimination against employees based upon labor union participation.
Business Affairs and Labor
SB 98-124 by Senator Schroeder; also Representative Agler--Concerning a grant of qualified immunity to licensed professionals who assist in securing the safety of structures during times of emergency.
Business Affairs and Labor
SB 98-125 by Senator Chlouber; also Representative Epps--Concerning enabling law enforcement officers to use photographic documents issued by the department of revenue to determine whether a person has been convicted of a serious criminal offense.
Judiciary
SB 98-126 by Senator Johnson; also Representative Johnson--Concerning the authority of sheriffs with respect to personnel.
Local Government
SB 98-127 by Senator Rizzuto--Concerning school capital facility assistance, and making appropriations therefor.
Education
Appropriations
SB 98-128 by Senator Wells--Concerning the prepaid postsecondary education expense trust program.
Education
SB 98-129 by Senator Rupert--Concerning sentences for crimes committed on or after July 1, 1999.
Judiciary
SB 98-130 by Senator Lacy; also Representative Epps--Concerning the authority of pharmacists to receive prescriptions by facsimile transmission for dispensing medications to patients in certain care settings.
Health, Environment, Welfare and Institutions
______________________________
On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Resolutions.
______________________________
CONSIDERATION OF RESOLUTIONS
SJR 98-3 by Senator Mutzebaugh; Rep. Paschall--Environmental
Regulatory Review
On motion of Senator Mutzebaugh, the Resolution was ADOPTED by the following roll call vote:
YES 27 | NO 3 | EXCUSED 5 | ABSENT 0 | ||||
Alexander | Y | Duke | Y | Mutzebaugh | YE | Tanner | Y |
Ament | Y | Feeley | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hernandez | N | Perlmutter | E | Thiebaut | N |
Bishop | YY | Hopper | Y | Phillips | Y | Wattenberg | E |
Blickensderfer |
Y | Johnson | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lacy | Y | Reeves | Y | Wells | E |
Coffman | Y | Linkhart | N | Rizzuto | E | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | E |
Co-sponsors added: Alexander, Ament, Arnold, Bishop,
Blickensderfer, Chlouber, Congrove, Hopper, Norton, Powers.
SJR 98-4 by Senator Bishop; Rep. Entz--Wastewater
Treatment Project Eligibility
On motion of Senator Bishop, the Resolution was ADOPTED by the following roll call vote:
YES 30 | NO 0 | EXCUSED 5 | ABSENT 0 | ||||
Alexander | Y | Duke | Y | Mutzebaugh | YE | Tanner | Y |
Ament | Y | Feeley | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Perlmutter | E | Thiebaut | Y |
Bishop | YY | Hopper | Y | Phillips | Y | Wattenberg | E |
Blickensderfer |
Y | Johnson | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lacy | Y | Reeves | Y | Wells | E |
Coffman | Y | Linkhart | Y | Rizzuto | E | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | E |
Co-sponsors added: Alexander, Ament, Chlouber, Feeley,
Johnson, Matsunaka, Mutzebaugh, Norton, Tebedo, Thiebaut, Weddig.
Committee On motion of Senator Mutzebaugh, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Mutzebaugh 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 98-3 by Sen. Bishop; Rep. Schauer--Extends Repeal
Of Lottery Division
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 98-17 by Sen. Mutzebaugh--Filling Vacancies In
Office
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, January 16, page 63.)
Amendment No. 2, by Senator Mutzebaugh
Amend printed bill, page 4, line 4 strike "VACANCY."
and substitute "VACANCY, EXCEPT AND IF A COUNTY WITH
A POPULATION OF 2500 OR LESS THE BOARD OF COUNTY COMMISSIONERS
MAY WAIVE THE REQUIREMENT THAT THE VACANCY BE FILLED BY A RESIDENT
OF THE COUNTY, BUT ONLY AFTER CERTIFICATION BY A RESOLUTION THAT
NO QUALIFIED CANDIDATE RESIDES IN THE COUNTY.".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-36 by Sen. Wham; Rep. Epps--Telemedicine Require
Colo License
Amendment No. 1, by Senator Wham
Amend printed bill, page 1, strike line 3, and substitute
the following:
"Statutes, are amended, and the said 1236106
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:".
Page 2, after line 17, insert the following:
"(3.2) NOTHING IN THIS SECTION SHALL
BE CONSTRUED TO PROHIBIT PERSONTOPERSON CONTACT BETWEEN
A PRACTICING PHYSICIAN LICENSED IN COLORADO AND A PRACTICING PHYSICIAN
LICENSED IN ANOTHER STATE OR JURISDICTION.".
Amendment No. 2, by Senator Wham
Amend printed bill, page 2, line 5, after "TESTS,",
insert "INCLUDING PRIMARY DIAGNOSIS OF PATHOLOGY SPECIMENS,";
strike lines 10 through 17, and substitute the following:
SB 98-36
(Cont.)
"(b) The rendering of services in
this state by a physician lawfully practicing medicine in another
state or territory, WHETHER OR NOT SUCH PHYSICIAN IS IN COLORADO,
but if any such physician does not limit such services to an occasional
CONSULTATION OR case or if he has any established or regularly
used hospital connections in this state or if he IS PARTY TO ANY
CONTRACT, AGREEMENT, OR UNDERSTANDING TO PROVIDE THE SERVICES
DESCRIBED IN PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION OR
IF HE maintains or is provided with for his regular use any office
or other place for the rendering of such services, he shall possess
a license to practice medicine in this state;".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-63 by Sen. Arnold; Rep. Adkins--Eliminate Repealer
For Charter Schools
Amendment No. 1, Education Committee Amendment
(Printed in Senate Journal, January 16, page 63.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-82 by Sen. Alexander--Educational & Cultural
Facilities Act
Amendment No. 1, by Senator Matsunaka
Amend printed bill, page 4, line 3, strike "OR";
strike line 6 and substitute the following:
"LAWS; OR";
after line 6, insert the following:
"(VI) PROVIDES AN EDUCATIONAL PROGRAM
TO THE RESIDENTS OF THE STATE.".
Amendment No. 2, by Senator Alexander
Amend printed bill, page 8, line 9, strike "(VI),"
and substitute "(V),".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-55 by Sen. Dennis; Representative Lawrence--Enforcement
Authority Of County Govts
Amendment No. 1, Local Government Committee Amendment
(Printed in Senate Journal, January 16, page 64.)
Amendment No. 2, by Senator Dennis
Amend printed bill, page 2, line 21, strike "SHALL"
and substitute "MAY";
Line 25, after the period, insert "IT IS
WITHIN THE DISCRETION OF THE COUNTY ATTORNEY TO DETERMINE WHETHER
TO PURSUE THE CIVIL PENALTIES SET FORTH IN THIS SECTION, THE REMEDIES
SET FORTH IN PART 124 ARTICLE 28 TITLE 28, C.R.S., OF BOTH.".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
The following bills on the General Orders calendar
of Friday, January 23, were laid over until Monday, January 26,
retaining their place on the calendar:
SB 98-78, 98-31, 98-13, 98-43, 98-7, 98-40.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Mutzebaugh, the Report of the
Committee of the Whole was adopted and, a majority of all members
elected having voted in the affirmative, the following action
was taken:
SB 98-3, declared passed on Second Reading.
SB 98-17 as amended, 98-36 as amended, 98-63 as amended, 98-82 as amended, 98-55 as amended, declared passed on Second Reading.
SB 98-78, 98-31, 98-13, 98-43, 98-7, 98-40, laid
over until Monday, January 26, retaining their 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 Friday, January 23, was laid over until Monday, January 26, retaining its place on the calendar.
______________________________
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: SB 98-87
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that SB 98-29 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
Amend printed bill, page 2, strike lines 11 through
21 and substitute the following:
"such determination of budgetary need. COMMENCING
WITH THE EFFECTIVE DATE OF THIS SUBSECTION (1), THE AMOUNT OF
THE MONTHLY CASH GRANT SHALL BE INCREASED ANNUALLY SO THAT NO
LATER THAN FISCAL YEAR 200708 THE AMOUNT OF THE MONTHLY
CASH GRANT WILL BE EQUIVALENT TO THE AMOUNT OF THE MONTHLY GRANT
STANDARD ESTABLISHED FOR SUPPLEMENTAL SECURITY INCOME UNDER TITLE
XVI OF THE SOCIAL SECURITY ACT. FOR FISCAL YEARS AFTER SUCH EQUIVALENCY
IS ATTAINED AND SUBJECT TO AVAILABLE APPROPRIATIONS, IT IS THE
INTENT OF THE GENERAL ASSEMBLY THAT THE AMOUNT OF THE MONTHLY
CASH GRANT REMAIN THE SAME AS THE AMOUNT OF THE MONTHLY GRANT
STANDARD ESTABLISHED FOR SUPPLEMENTAL SECURITY INCOME UNDER TITLE
XVI OF THE SOCIAL SECURITY ACT. IN DETERMINING THE AMOUNT TO BE
APPROPRIATED BY THE GENERAL ASSEMBLY TO PROVIDE FOR ANY INCREASES
IN THE MONTHLY CASH GRANT, THE GENERAL ASSEMBLY SHALL CONSIDER
THE AMOUNT OF MONEYS SAVED FROM THE CHANGES TO THE OLD AGE PENSION
PROGRAM THAT ARE A RESULT OF THE PASSAGE AND IMPLEMENTATION OF
1998 HOUSE CONCURRENT RESOLUTION NUMBER 1001. The rules and
regulations of the state".
Page 4, line 10, after the period, add "THE
HEALTH AND MEDICAL CARE PROGRAM SHALL COMMENCE WITH FISCAL YEAR
2000-2001.";
strike line 11 and substitute the following:
"(2) (a) ON OR BEFORE DECEMBER 15, 1999, THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING SHALL SUBMIT A WRITTEN REPORT TO THE HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE THAT CONTAINS THE FOLLOWING INFORMATION:
SB 98-29
(Cont.)
(I) ALTERNATIVE PROPOSALS AND EXPENSES
OF BASIC HEALTH PLAN PACKAGES AND SERVICES FOR THE HEALTH AND
MEDICAL CARE PROGRAM;
(II) A DESCRIPTION OF THE COPAYMENTS AND
MANAGED CARE REQUIREMENTS FOR EACH OF THE ALTERNATIVE PROPOSALS
FOR BASIC HEALTH PLAN PACKAGES.
(b) THE HEALTH, ENVIRONMENT, WELFARE,
AND INSTITUTIONS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND
THE SENATE SHALL REVIEW THE ALTERNATIVE PROPOSALS AND SHALL CONSIDER
WHETHER ANY CHANGES IN STATUTES OR APPROPRIATIONS ARE NECESSARY
BEFORE IMPLEMENTATION OF THE HEALTH AND MEDICAL CARE PROGRAM IN
FISCAL YEAR 20002001.
(3) AFTER SUBMISSION OF THE WRITTEN REPORT
REQUIRED IN SUBSECTION (2) OF THIS SECTION AND SUBJECT TO AVAILABLE
APPROPRIATIONS, THE STATE BOARD OF MEDICAL SERVICES IS AUTHORIZED
TO".
Page 5, line 19, strike "_____" and substitute
"House";
line 20, strike "_____." and substitute
"1001.";
line 21, strike "_____" and substitute
"House";
line 22, strike "_____." and substitute
"1001.".
Trans- After consideration on the merits, the committee recommends that SB 98-30 be
portation amended as follows and, as so amended, be referred to the Committee on Appropriations
with favorable recommendation:
Amend printed bill, page 1, line 2, strike "(1),"
and substitute "(3),";
strike lines 3 through 8, and substitute "amended,
and the said 4241012 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:".
Page 2, strike lines 1 through 10 and substitute
the following:
"42-4-1012. High occupancy vehicle
lanes. (2.5) (a) (I) AN INHERENTLY
LOWEMISSION VEHICLE WITH A GROSS VEHICLE WEIGHT OF TWENTYSIX
THOUSAND POUNDS OR LESS MAY BE OPERATED UPON HIGH OCCUPANCY VEHICLE
LANES WITHOUT REGARD TO THE NUMBER OF PERSONS IN THE VEHICLE AND
WITHOUT PAYMENT OF A SPECIAL TOLL OR FEE.
(II) AS USED IN THIS SUBSECTION (2.5),
"INHERENTLY LOWEMISSION VEHICLE" OR "ILEV"
MEANS:
(A) A LIGHTDUTY VEHICLE OR LIGHTDUTY
TRUCK THAT HAS BEEN CERTIFIED BY THE FEDERAL ENVIRONMENTAL PROTECTION
AGENCY AS CONFORMING TO THE ILEV GUIDELINES, PROCEDURES, AND STANDARDS
AS PUBLISHED IN THE FEDERAL REGISTER AT 58 FR 11888 (MARCH 1,
1993) AND 59 FR 50042 (SEPTEMBER 30, 1994), AS AMENDED FROM TIME
TO TIME; AND
(B) A HEAVYDUTY VEHICLE POWERED
BY AN ENGINE THAT HAS BEEN CERTIFIED AS SET FORTH IN SUBSUBPARAGRAPH
(A) OF THIS SUBPARAGRAPH (II).
(b) NO PERSON SHALL OPERATE A VEHICLE
UPON A HIGH OCCUPANCY VEHICLE LANE PURSUANT TO THIS SUBSECTION
(2.5) UNLESS THE VEHICLE:
(I) MEETS ALL APPLICABLE FEDERAL EMISSION
STANDARDS AND LABELING REQUIREMENTS SET FORTH IN 40 CFR SECS.
88.31193 AND 88.31293, AS AMENDED FROM TIME TO TIME;
AND
SB 98-30
(Cont.)
(II) IS IDENTIFIED BY MEANS OF A CIRCULAR
STICKER OR DECAL AT LEAST FOUR INCHES IN DIAMETER, MADE OF BRIGHT
ORANGE REFLECTIVE MATERIAL, AND AFFIXED EITHER TO THE WINDSHIELD,
TO THE FRONT OF THE SIDEVIEW MIRROR ON THE DRIVER'S SIDE,
OR TO THE FRONT BUMPER OF THE VEHICLE. SAID STICKER OR DECAL SHALL
BE APPROVED BY THE COLORADO DEPARTMENT OF TRANSPORTATION.
(c) THE DEPARTMENT OF TRANSPORTATION AND
LOCAL AUTHORITIES, WITH RESPECT TO STREETS AND HIGHWAYS UNDER
THEIR RESPECTIVE JURISDICTIONS, SHALL PROVIDE INFORMATION VIA
OFFICIAL TRAFFIC CONTROL DEVICES TO INDICATE THAT ILEVS MAY BE
OPERATED UPON HIGH OCCUPANCY VEHICLE LANES PURSUANT TO THIS SECTION.
SUCH INFORMATION MAY, BUT NEED NOT, BE ADDED TO EXISTING PRINTED
SIGNS, BUT AS EXISTING PRINTED SIGNS RELATED TO HIGH OCCUPANCY
VEHICLE LANE USE ARE REPLACED OR NEW ONES ARE ERECTED, SUCH INFORMATION
SHALL BE ADDED. IN ADDITION, WHENEVER EXISTING ELECTRONIC SIGNS
ARE CAPABLE OF BEING REPROGRAMMED TO CARRY SUCH INFORMATION, THEY
SHALL BE SO REPROGRAMMED.
(d) THE DEPARTMENT OF TRANSPORTATION AND
LOCAL AUTHORITIES, WITH RESPECT TO STREETS AND HIGHWAYS UNDER
THEIR RESPECTIVE JURISDICTIONS, SHALL, IN CONNECTION WITH THEIR
PERIODIC LEVELOFSERVICE EVALUATION OF HIGH OCCUPANCY
VEHICLE LANES, PERFORM A LEVELOFSERVICE EVALUATION
OF THE USE OF HIGH OCCUPANCY VEHICLE LANES BY ILEVS. IF THE USE
OF HIGH OCCUPANCY VEHICLE LANES BY ILEVS IS DETERMINED TO CAUSE
A SIGNIFICANT DECREASE IN THE LEVEL OF SERVICE FOR OTHER BONA
FIDE USERS OF SUCH LANES, THEN THE DEPARTMENT OF TRANSPORTATION
OR A LOCAL AUTHORITY MAY RESTRICT OR ELIMINATE USE OF SUCH LANES
BY ILEVS.
(3) (a) Any person who uses a high occupancy
vehicle lane in violation of restrictions imposed by the department
of transportation or local authorities commits a class A traffic
infraction.
(b) Any person
convicted of a third or subsequent offense of paragraph (a) of
this subsection (3) committed within a twelve-month period shall
be subject to an increased penalty pursuant to section 42-4-1701 (4) (a) (I) (K).".
Page 3, strike lines 18 and 19 and substitute the
following:
"42-4-1012 (3) (a) 50.00
150.00 6.00
(NONE)
42-4-1012 (3) (b)
100.00
12.00".
Trans- After consideration on the merits, the committee
recommends that the following be portation referred favorably
to the Committee of the Whole: SB 98-35
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural referred favorably to the Committee of the Whole: SB 98-103
Resources
and Energy
Finance After consideration on the merits, the committee recommends that SB 98-38 be
amended as follows, and as so amended, be referred
to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 3, after line 13, insert
the following:
"(5) THE RESTRICTIONS ON AGREEMENTS
TO PAY COMPENSATION TO RECOVER OR ASSIST IN THE RECOVERY OF PROPERTY
SET FORTH IN THIS SECTION SHALL NOT APPLY TO ANY AGREEMENT TO
PAY COMPENSATION TO RECOVER OR ASSIST IN THE RECOVERY OF PROPERTY
REPORTED UNDER SECTION 3813110 IF SUCH PROPERTY HAS
A TOTAL VALUE OF LESS THAN ONE THOUSAND DOLLARS.".
Finance After consideration on the merits, the committee recommends that SB 98-101 be
amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:
SB 98-101
(Cont.)
Amend printed bill, page 3, after line 5, insert
the following:
"SECTION 4. 3926123,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
3926123. Receipts
disposition repeal. (3) (a) NOTWITHSTANDING
SUBSUBPARAGRAPH (A) OF SUBPARAGRAPH (I) OF PARAGRAPH (a)
OF SUBSECTION (2) OF THIS SECTION, FOR THE FISCAL YEAR COMMENCING
JULY 1, 1998, FIFTEEN PERCENT OF ALL RECEIPTS COLLECTED UNDER
THE PROVISIONS OF THIS ARTICLE AND ALLOCATED BETWEEN AND CREDITED
TO THE GENERAL FUND AND THE HIGHWAYS USERS TAX FUND UNDER SUBSECTION
(2) OF THIS SECTION SHALL BE ALLOCATED BETWEEN AND CREDITED TO
THE GENERAL FUND AND THE HIGHWAY USERS TAX FUND AS FOLLOWS: TEN
AND SIXTYEIGHT ONEHUNDREDTHS OF ONE PERCENT OF NET
REVENUE FROM SALES AND USE TAX TO THE HIGHWAY USERS TAX FUND AND
FOUR AND THIRTYTWO ONEHUNDREDTHS OF ONE PERCENT THEREOF
TO THE GENERAL FUND.
(b) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE
JULY 1, 1999.
SECTION 5. 29-2-105 (1)
(d), Colorado Revised Statutes, is amended to read:
292105. Contents of sales tax ordinances
and proposals. (1) The sales tax ordinance
or proposal of any incorporated town, city, or county adopted
pursuant to this article shall be imposed on the sale of tangible
personal property at retail or the furnishing of services, as
provided in paragraph (d) of this subsection (1). Any countywide
or incorporated town or city sales tax ordinance or proposal shall
include the following provisions:
SB 98-101
(Cont.)
(d) A provision that the tangible personal property
and services taxable pursuant to this article shall be the same
as the tangible personal property and services taxable pursuant
to section 3926104, C.R.S., and subject to the same
exemptions as those specified in section 3926114,
C.R.S., except the exemption allowed by section 3926114
(11), C.R.S., for purchases of machinery or machine tools, the
exemption of sales and purchases of those items in section 3926114
(1) (a) (XXI), C.R.S., the exemption for sales of food specified
in section 3926114 (1) (a) (XX), C.R.S., THE EXEMPTION
FOR CLOTHING AND FOOTWEAR SPECIFIED IN SECTION 39-26-114 (19)
(a), C.R.S., and the exemption for occasional sales by a charitable
organization set forth in section 3926114 (18), C.R.S.
Sales of food, as defined in section 3926102 (4.5),
C.R.S., exempted from the state sales tax pursuant to section
3926114 (1) (a) (XX), C.R.S., sales and purchases
of those items exempted from the state sales tax pursuant to section
3926114 (1) (a) (XXI), C.R.S., purchases of machinery
or machine tools as provided in section 3926114 (11),
C.R.S., SALES AND PURCHASES OF CLOTHING AND FOOTWEAR EXEMPTED
FROM THE STATE SALES TAX PURSUANT TO SECTION 3926114
(19) (a), C.R.S., or occasional sales by a charitable organization
as provided in section 3926114 (18), C.R.S., may be
exempted from said town, city, or county sales tax only by the
express inclusion of such exemption either at the time of adoption
of the initial sales tax ordinance or resolution or by amendment
thereto. Any such amendment shall be adopted in the same manner
as the initial ordinance or resolution. In the absence of express
provision for the exemption for sales of food, as defined in section
3926102 (4.5), C.R.S., or purchases of machinery or
machine tools as provided in section 3926114 (11),
C.R.S., or exemption of sales and purchases of those items in
section 3926114 (1) (a) (XXI), C.R.S., or exemption
of occasional sales by a charitable organization as provided in
section 3926114 (18), C.R.S., all sales tax ordinances
or resolutions, whether adopted prior to, on, or subsequent to
July 1, 1979, which provide in substance that the tangible personal
property and services taxed shall be the same as the tangible
personal property and services taxable pursuant to section 3926104,
C.R.S., or any predecessor statute, and subject to the same exemptions
as those specified in section 3926114, C.R.S., or
any predecessor statute, shall be construed as imposing or continuing
to impose the town, city, or county sales tax on food, as defined
in section 3926102 (4.5), C.R.S., purchases of machinery
and machine tools as described in section 3926114
(11), C.R.S., sales or purchases of those items described in section
3926114 (1) (a) (XXI), C.R.S., and occasional sales
by a charitable organization as described in section 3926114
(18), C.R.S. The regional transportation district may, in its
discretion, continue to levy a sales tax on purchases of machinery
or machine tools, as provided in section 3926114 (11),
C.R.S.".
Renumber succeeding section accordingly.
Local After consideration on the merits, the committee recommends that the following be
Government referred favorably to the Committee of
the Whole: SB 98-71
Local After consideration on the merits, the committee recommends that SB 98-83 be
Government amended as follows and, as so amended,
be referred to the Committee on Appropriations with favorable
recommendation:
Amend printed bill, page 4, line 22, strike "TWENTY-FOUR"
and substitute "TWENTY-FIVE";
line 23, strike "TWENTY" and substitute
"TWENTY-ONE".
Page 5, line 10, strike "EIGHT" and substitute
"NINE";
strike line 12 and substitute the following:
"MUNICIPALITIES, THREE SHALL REPRESENT SCHOOL
DISTRICTS, ONE OF WHICH SHALL REPRESENT A SCHOOL DISTRICT OF LESS
THAN FIVE HUNDRED, AND TWO".
Business After consideration on the merits, the committee recommends that SB 98-12 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend printed bill, page 2, strike lines 6 through
15, and substitute the following:
"(II) UNLESS ACTUARIAL JUSTIFICATION
IN SUPPORT OF THE INSURER'S ACTION THAT HAS BEEN FILED WITH THE
COMMISSIONER DEMONSTRATES THAT THERE IS AN INCREASE IN RISK, NO
INSURER SHALL REFUSE TO WRITE A POLICY FOR A NEW APPLICANT, SURCHARGE
THE PREMIUM OF A NEW APPLICANT, OR PLACE A NEW APPLICANT IN A
HIGHER PRICED PROGRAM OR PLAN BASED SOLELY UPON:
(A) THE FACT THAT THE APPLICANT HAD NO
PRIOR INSURANCE;
(B) THE IDENTITY OF THE APPLICANT'S PRIOR
INSURER; OR
(C) THE APPLICANT'S PRIOR TYPE OF COVERAGE,
INCLUDING ASSIGNED RISK OR RESIDUAL MARKET COVERAGE OR ANY PLAN
OTHER THAN A PREFERRED PLAN.
(III) AN INSURER MAY USE INDUSTRYWIDE
DATA IN ITS ACTUARIAL JUSTIFICATION UNDER SUBPARAGRAPH (II) OF
THIS PARAGRAPH (a).
(IV) NO INSURER SHALL REFUSE TO WRITE
A POLICY FOR A NEW APPLICANT, SURCHARGE THE PREMIUM OF A NEW APPLICANT,
OR PLACE A NEW APPLICANT IN A HIGHER PRICED PROGRAM OR PLAN SOLELY
BECAUSE THE APPLICANT HAD NO PRIOR INSURANCE IF THE APPLICANT
WAS NOT REQUIRED TO HAVE INSURANCE UNDER SECTION 104705.";
line 25, strike "violations committed"
and substitute "all policies of motor vehicle insurance issued".
Business After consideration on the merits, the committee recommends that SB 98-14 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend printed bill, page 4, line 6, after "(5)",
insert "(a)";
SB 98-14
(Cont.)
after line 20, insert the following:
"(b) ON OR AFTER THE EFFECTIVE DATE
OF THIS ACT, AN INSURER MAY PROVIDE LOSS OF INCOME COVERAGE UNDER
PARAGRAPH (a) OF THIS SUBSECTION (5) TO AN APPLICANT UNDER A NEW
POLICY OR CONTINUE SUCH COVERAGE FOR AN INSURED UNDER AN EXISTING
POLICY ONLY IF THE APPLICANT OR INSURED SIGNS AN ACCEPTANCE OF
SUCH COVERAGE. AN INSURED MAY OBTAIN OR DISCONTINUE SUCH COVERAGE
AT ANY TIME. THE INSURER SHALL PROVIDE WRITTEN NOTICE TO EACH
INSURED REGARDING SUCH COVERAGE OPTION AT THE FIRST RENEWAL OF
A POLICY OR UPON ANY CHANGE IN THE LOSS OF INCOME COVERAGE. THE
NOTICE SHALL INCLUDE A DESCRIPTION OF THE LOSS OF INCOME COVERAGE
OFFERED, THE ESTIMATED COST OF SUCH COVERAGE, AND A STATEMENT
INDICATING THAT SUCH COVERAGE IS VOLUNTARY AND MAY BE OBTAINED
OR DISCONTINUED AT ANY TIME.".
Business After consideration on the merits, the committee recommends that the following be
Affairs postponed indefinitely: SB 98-42
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs postponed indefinitely: SB 98-47
and Labor
Health, The Committee on Health, Environment, Welfare and Institutions has had under Environment, consideration and has had a hearing on the following appointments and recommends that Welfare and the appointments be confirmed:
Institutions
COLORADO HEALTH FACILITIES
AUTHORITY
for terms expiring June 30, 2001:
Stephen S. Swanson of Basalt, Colorado, to serve
as a Democrat, reappointed;
H. Ben Weindling of Pueblo, Colorado, to serve as
a Democrat, reappointed.
Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under consideration Natural and has had a hearing on the following appointments and recommends that the
Resources appointments be confirmed:
and Energy
WILDLIFE COMMISSION
for terms expiring March 1, 2001:
Bernard L. Black of Denver, Colorado, to serve as
a public member from District 5 and as an Unaffiliated, appointed;
Mark B. LeValley of Hotchkiss, Colorado, to serve
as a livestock producer from District 2 and a Republican, reappointed.
MESSAGE FROM THE HOUSE
January 23, 1998
Mr. President:
The House has adopted and transmits herewith HJR98-1006,
as printed in House Journal, January 14, pages 84-86.
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred to the committees indicated:
SB 98-131 by Senator Rizzuto; also Representative Grampsas--Concerning limitations on state cash funds.
Finance
SB 98-132 by Senators Hopper and Tebedo; also Representative Grampsas--Concerning valuation for property tax purposes of real property that is located within districts in which limited gaming is authorized but is not used for limited gaming.
Finance
SB 98-133 by Senator Wham--Concerning contributions to candidate committees, and, in connection therewith, specifying that a candidate committee may accept contributions prior to the filing of a candidate affidavit and authorizing certain additional uses of unexpended campaign contributions.
State, Veterans, and Military Affairs
SB 98-134 by Senator Hopper; also Representative Morrison--Concerning enactment of state options for enhanced medicaid coverage for low-income children under the federal children's health plan legislation.
Health, Environment, Welfare and Institutions
SB 98-135 by Senator Tanner; also Representative Chavez--Concerning allocation of a portion of the department of corrections' budget to crime prevention programs.
Judiciary
SB 98-136 by Senator Mutzebaugh--Concerning jury service.
Judiciary
SB 98-137 by Senator Wham; also Representative Adkins--Concerning use of HIV testing information in cases where the person tested is charged with a crime involving sexual behavior.
Health, Environment, Welfare and Institutions
SB 98-138 by Senator Rizzuto; also Representative Entz--Concerning the termination of emergency powers.
Local Government
SB 98-139 by Senator Wells; also Representative Adkins--Concerning support obligations.
Judiciary
SB 98-140 by Senator Blickensderfer--Concerning the retention of state revenues in excess of the constitutional limitation on state fiscal year spending for the purpose of reducing local school district property tax levies.
Finance
SB 98-141 by Senator Blickensderfer--Concerning conditions for the distribution of moneys from the Colorado economic development fund.
Business Affairs and Labor
SB 98-142 by Senators Wattenberg, Dennis, and Phillips; also Representatives Schauer, Adkins, George, Hagedorn, Kaufman, Taylor, and Tool--Concerning the reduction of air pollutant emissions, and, in connection therewith, providing for the voluntary reduction of stationary source emissions and recovery of emission reduction costs.
Health, Environment, Welfare and Institutions
SB 98-143 by Senators Arnold, Tebedo, Alexander, Ament, Chlouber, Coffman, Congrove, Duke, Lacy, Mutzebaugh, Powers, and Wells; also Representative Musgrave--Concerning the definition of "erotic nudity" as it applies to the crime of sexual exploitation of children.
Judiciary
SB 98-144 by Senator Rupert; also Representative Udall--Concerning a reduction of incentives to kill depredating animals.
Agriculture, Natural Resources and Energy
SB 98-145 by Senator Reeves; also Representative Allen--Concerning election judges.
State, Veterans, and Military Affairs
SB 98-146 by Senator Feeley--Concerning the retention of a portion of state revenues in excess of the constitutional limitation on state fiscal year spending for the purpose of transferring moneys to the highway users tax fund.
Transportation
SB 98-147 by Senator Powers; also Representative McElhany--Concerning the establishment of a process that a builder and homeowner follow before the homeowner files a civil action against the builder to recover for damages to the homeowner's residence.
Business Affairs and Labor
SB 98-148 by Senator Powers; also Representative Entz--Concerning public projects supervised by the department of transportation that are exempt from the requirements of the "Construction Bidding for Public Projects Act".
Transportation
SB 98-149 by Senator Thiebaut--Concerning the reduction of the maximum rate of interest allowed to be charged on credit cards.
Finance
SB 98-150 by Senator Bishop--Concerning the use of state revenues in excess of the constitutional limitation on state fiscal year spending for school district capital construction projects.
Education
SB 98-151 by Senators Phillips, Thiebaut, Linkhart and Matsunaka; also Representative Kaufman--Concerning mediation of controversies between unit owners' associations and unit owners under the "Colorado Common Interest Ownership Act".
Business Affairs and Labor
INTRODUCTION OF RESOLUTION
The following resolution was read by title and referred
to the committee indicated:
HJR 98-1006 by Representatives Agler, Grampsas, Owen, Romero, and Pfiffner; also Senators Coffman, Lacy, Blickensderfer, and Rizzuto--Concerning the revenue estimate for the 1998-99 fiscal year.
(Printed in House Journal, January 14, pages 84-86.)
Finance
On motion of Senator Powers, the Senate adjourned until 10:00 a.m., Monday,
January 26, 1998.
Approved:
Tom Norton
President of the Senate
Attest:
Joan M. Albi
Secretary of the Senate