SENATE JOURNAL
Sixty-first General Assembly
STATE OF COLORADO
Second Regular Session
24th Legislative Day Friday, January 30, 1998
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--Ament, Wattenberg--Total, 2.
Absent--Arnold, Duke, Lacy, Perlmutter--Total, 4.
Present later--Ament, Arnold, Duke, Lacy, Perlmutter.
Quorum The President announced a quorum present.
Reading of On motion of Senator Phillips, reading of the Journal of January 29th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly engrossed: SB 98-87, 90.
Services
Correctly revised: HB 98-1002.
COMMITTEE OF REFERENCE REPORTS
Education After consideration on the merits, the committee recommends that SB 98-11 be
amended as follows and, as so amended, be referred
to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 1, strike lines 2 and 3
and substitute the following:
"SECTION 1. 2231107
(1), Colorado Revised Statutes, is amended, and the said 2231107
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:".
Page 2, strike line 1 and substitute the following:
"school director. (1) Any
candidate for the office of school director of a school district
shall be an eligible elector of the district and SHALL HAVE BEEN
A RESIDENT OF THE DISTRICT FOR AT LEAST TWELVE CONSECUTIVE MONTHS
PRIOR TO THE ELECTION. If the school district has a director district
plan of representation, the candidate shall be a resident of the
director district which
THAT will be represented FOR AT LEAST TWELVE CONSECUTIVE MONTHS
PRIOR TO THE DATE OF THE ELECTION, unless the candidate has been
elected at the time of or prior to the adoption of a director
district plan of representation by the eligible electors of the
district.
(5) (a) ANY PERSON WHO HAS BEEN CONVICTED
OF,";
line 8, strike "IN ADDITION, ANY PERSON WHO
HAS AN";
strike lines 9 through 11;
line 16, strike ", AND" and substitute
". SEXUAL OFFENSE AGAINST A CHILD ALSO MEANS";
line 17, strike "SAID SECTIONS." and substitute
"THE SECTIONS SPECIFIED IN THIS PARAGRAPH (b).";
after line 17, insert the following:
SB 98-11
(Cont.)
"SECTION 2. 14803
(5), Colorado Revised Statutes, is amended to read:
14803. Petitions for nominating
school district directors. (5) The
candidate for the office of school director shall have been an
eligible elector AND RESIDENT of the school district, as shown
on the books of the county clerk and recorder, on
the date of the earliest signature on the petition
FOR AT LEAST TWELVE CONSECUTIVE MONTHS PRIOR TO THE DATE OF THE
ELECTION. IF THE SCHOOL DISTRICT HAS A DIRECTOR DISTRICT PLAN
OF REPRESENTATION, THE CANDIDATE FOR THE OFFICE OF SCHOOL DIRECTOR
SHALL HAVE BEEN A RESIDENT OF THE DIRECTOR DISTRICT FOR AT LEAST
TWELVE CONSECUTIVE MONTHS PRIOR TO THE ELECTION.
SECTION 3. Effective
date applicability. This act shall take effect
July 1, 1998, and shall apply to elections held on or after said
date.".
Renumber succeeding section accordingly.
Page 1, line 103, strike "OR UNDER A PENDING
CHARGE OF" and substitute "THE".
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: SB 98-16
and Labor
Local After consideration on the merits, the committee recommends that the following be
Government postponed indefinitely: SB 98-56
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
SB 98-167 by Senator Feeley--Concerning the creation of a statewide gulf war syndrome registry.
State, Veterans, and Military Affairs
HB 98-1008 by Representative McPherson; also Senator Mutzebaugh--Concerning requirements for the issuance of photographic documents by the division of motor vehicles in the department of revenue.
Transportation
HB 98-1017 by Representative Leyba; also Senator Powers--Concerning clarification of the Colorado racing commission's authority regarding regulation of participation in race meets.
Agriculture, Natural Resources and Energy
HB 98-1024 by Representatives Dean, K. Alexander, G. Berry, George, S. Johnson, June, Miller, Nichol, Saliman, and Tucker; also Senators Tebedo, B. Alexander, Feeley, Powers, and Reeves.--Concerning the taxability of survivor benefits payable to the survivors of a member of the statewide death and disability plan.
Finance
HB 98-1038 by Representative Reeser; also Senator Chlouber--Concerning payments to workers' compensation funds by insurers offering workers' compensation large deductible policies.
Business Affairs and Labor
HB 98-1041 by Representative Dean; also Senator Schroeder--Concerning the theft of cable services.
Judiciary
HB 98-1045 by Representative Sinclair; also Senator Tebedo--Concerning authorizing a court to consider whether a person has been convicted of an inchoate offense in furtherance of an attempt to kill that person's spouse in entering orders in domestic relations cases.
Judiciary
HB 98-1055 by Representative T. Williams; also Senator Dennis--Concerning discovery in workers' compensation claims.
Business Affairs and Labor
HB 98-1062 by Representative Paschall; also Senator Arnold--Concerning procedural requirements for the selection of an independent medical examiner in cases of disputes under the "Workers' Compensation Act of Colorado".
Business Affairs and Labor
HB 98-1071 by Representative Schauer; also Senator Ament--Concerning clarification of the definition of substitute teacher.
Education
HB 98-1073 by Representative McElhany; also Senator Mutzebaugh--Concerning the continuation of the minerals, energy, and geology policy advisory board in the department of natural resources.
Agriculture, Natural Resources and Energy
HB 98-1080 by Representative Reeser; also Senator Wattenberg--Concerning continuation of the definition of medical treatment guidelines until July 1, 2003.
Business Affairs and Labor
HB 98-1086 by Representative May; also Senator Alexander--Concerning the forms of evidence that may be presented to prove that a parcel of land is not "agricultural real estate" for foreclosure redemption purposes.
Local Government
HB 98-1096 by Representative Smith; also Senator J. Johnson--Concerning the exclusion of certain scrap metals from regulation as solid waste.
Local Government
HB 98-1113 by Representative Lawrence; also Senator Powers--Concerning the authorization of the state lottery division to conduct instant scratch lotteries based upon the game of chance commonly known as bingo.
State, Veterans, and Military Affairs
HB 98-1117 by Representative Spradley; also Senator Chlouber--Concerning procedures related to the execution of prisoners in the custody of the department of corrections, and, in connection therewith, eliminating the prohibition against the executive director of the department of corrections making the day and hour of executions public and increasing the number of witnesses who may attend executions.
Judiciary
HB 98-1119 by Representative Tate; also Senator Wattenberg--Concerning the repeal of provisions of the "Bank Electronic Funds Act" that may create disparities in the regulatory burdens imposed on banks with regard to their use of communication facilities.
Business Affairs and Labor
HB 98-1120 by Representative C. Berry; also Senator Wells--Concerning the reestablishment of the requirement that Colorado state individual income tax return forms contain a line whereby individual taxpayers may make voluntary contributions to the United States olympic committee.
Finance
HB 98-1126 by Representatives Reeser, McPherson, Dyer, Mace, Tate, and Zimmerman; also Senator Schroeder--Concerning changes to obsolete provisions of the "Colorado Employment Security Act", and, in connection therewith, repealing obsolete statutory provisions and modifying waiting period and between-claim earnings requirements.
Business Affairs and Labor
HB 98-1127 by Representative Tucker; also Senator Schroeder--Concerning clarification of provisions regarding underage persons driving with alcohol content, and, in connection therewith, clarifying that driving a motor vehicle while under twenty-one years of age while having a blood or breath alcohol content of at least 0.02 but not more than 0.05 is a traffic infraction.
Local Government
HB 98-1149 by Representatives Morrison, Epps, Sinclair, Snyder, and Tool; also Senator Wham--Concerning the creation of the Colorado health care task force, and, in connection therewith, abolishing the joint review committee for the medically indigent and the medical assistance reform advisory committee and replacing such committees with the Colorado health care task force.
Health, Environment, Welfare and Institutions
HB 98-1157 by Representative Gotlieb; also Senator Wells--Concerning the effect of employment after retirement on the amount of retirement benefits payable to persons receiving retirement benefits through a school district's retirement fund.
Education
HB 98-1158 by Representative Musgrave; also Senator Arnold--Concerning rights of parents to determine access to student education records.
Education
Senate in recess.
Senate reconvened.
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:
SB 98-90 by Sen. Wattenberg; Rep. Kaufman--Enactment
Of CRS 1997
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Alexander | Y | Duke | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Feeley | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Hopper | Y | Phillips | Y | Wattenberg | E |
Blickensderfer |
Y | Johnson | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lacy | 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: Mutzebaugh
SB 98-87 by Sen. Hopper; Rep. Epps--Building Accessibility
Requirements
The question being "Shall the bill pass?" the roll was called with the following result:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Alexander | Y | Duke | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Feeley | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Hopper | Y | Phillips | Y | Wattenberg | E |
Blickensderfer |
Y | Johnson | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lacy | 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: Hernandez, Linkhart, Martinez,
Pascoe, Phillips, Reeves, Rupert, Tanner, Weddig, Wham.
HB 98-1002 by Rep. McPherson; Senator Blickensderfer--House
Redistricting
Laid over until Monday, February 2, retaining its
place on the calendar.
Committee On motion of Senator Schroeder, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Schroeder was called to the Chair to act
Whole as Chairman.
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman
reported that the following bills, reading at length having been
dispensed with by unanimous consent, had been considered and action
taken thereon as follows:
SB 98-43 by Sen. Alexander; Rep. Dyer--Scenic Railroad
Exception
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, January 20, page 75.)
Amendment No. 2, by Senator Alexander
Amend the committee amendment, as printed in Senate
Journal, January 20, page 75, line 54, strike "RAILROAD."
and substitute "RAILROAD; EXCEPT THAT THE COMMISSION RETAINS
JURISDICTION TO ORDER PROVISIONS OF SERVICE, INCLUDING, BUT NOT
LIMITED TO, QUALITY OF SERVICE, FREQUENCY OF SERVICE, POINTS OF
SERVICE, AND POINTS OF BOARDING AND DEBARKATION.".
Amendment No. 3, by Senator Alexander
Amend the committee amendment, as printed in Senate
Journal, dated January 20, page 75, line 54, strike "RAILROAD."
and substitute "RAILROAD UNLESS A SCENIC RAILROAD PROPOSES
TO RAISE ITS INDIVIDUAL RATES MORE THAN TWENTYFIVE PERCENT
IN ANY CALENDAR YEAR. IF A SCENIC RAILROAD PROPOSES TO RAISE ITS
INDIVIDUAL RATES MORE THAN TWENTYFIVE PERCENT, THE PROVISIONS
OF THIS ARTICLE SHALL APPLY TO SUCH SCENIC RAILROAD.".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-13 by Sen. Powers; Representative T. Williams--Disclosures
PIP Managed Care Options
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, January 19, page 70.)
Amendment No. 2, by Senator Powers
Amend the committee amendment, as printed in Senate
Journal, January 19, page 70, before line 59, insert the following:
"Amend printed bill, page 2, line 14, strike
"TAKEN" and substitute "TAKEN, OR IN WRITTEN FORM,".
Page 3 of the printed bill, line 6, strike "AUTHORIZED
IN PARAGRAPH";
line 7 of the printed bill, strike "(a) OF THIS
SUBSECTION (2)";
line 8 of the printed bill, strike "BOLDFACED";
strike lines 9 through 11 of the printed bill, and
substitute the following:
"(I) THAT A POLICY CONTAINING A MANAGED
CARE OPTION MAY BE ACCEPTED OR REJECTED BY THE NAMED INSURED AT
ANY TIME UPON NOTICE TO THE INSURER OR ITS AGENT; EXCEPT THAT
SUCH CHANGE SHALL NOT AFFECT ANY CLAIM ARISING OUT OF AN ACCIDENT
THAT OCCURRED PRIOR TO THE DATE OF SUCH NOTICE;";
line 14 of the printed bill, strike "WOULD"
and substitute "WILL";";
line 59 of the committee amendment, strike "Amend
printed bill, page 3,".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-19 by Sen. Chlouber--Extending Horse Racing
Regulations
Laid over until Monday, February 2, retaining its
place on the calendar.
SB 98-35 by Sen. Mutzebaugh; Rep. Swenson--Survey
Of Railroad Tracks
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 98-103 by Sen. Bishop; Rep. Smith--Operation Grand
Junction Drainage Dist
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 98-38 by Sen. Weddig--Unclaimed Property Recovery
Agreements
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, January 23, page 93.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-71 by Sen. Phillips; Rep. Takis--Charitable
Donations By Cities
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 98-12 by Sen. Tebedo; Rep. Swenson--Auto Ins Failure
To Maintain Coverage
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, January 23, page 95.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-14 by Sen. Powers; Rep. T. Williams--Auto Insurance
Wage Loss Replacement
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, January 23, pages 95-96.)
Amendment No. 2, by Senator Powers
Amend the committee amendment, as printed in Senate
Journal, January 23, page 96, line 3, strike "THE EFFECTIVE
DATE OF THIS ACT," and substitute "JANUARY 1, 1999,";
after line 15 of the committee amendment, insert
the following:
"Page 5 of the printed bill, strike lines 11
through 22, and substitute the following:
"SECTION 4. Effective date applicability.
This act shall take effect January 1, 1999, and shall apply to
motor vehicle insurance policies issued or renewed on or after
said date.
SECTION 5. 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.".".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-23 by Sen. Pascoe; Representative Morrison--Crib
Safety
Laid over until Monday, February 2, retaining its place on the calendar.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Schroeder, 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 98-35, 98-103, 98-71, declared passed on Second Reading.
SB 98-43 as amended, 98-13 as amended, 98-38 as amended, 98-12 as amended, 98-14 as amended, declared passed on Second Reading.
SB 98-19, 98-23, laid over until Monday, February
2, retaining their 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 on Judiciary: SB 98-137
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee on Appropriations: SB 98-72
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee on Appropriations: SB 98-79
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that SB 98-58 be
Environment, amended as follows and, as so amended, be referred to the Committee of the Whole with
Welfare and favorable recommendation:
Institutions
Amend printed bill, page 2, line 9, strike "PROVIDE
COVERAGE", and substitute "PROVIDE BENEFITS FOR THE
COVERAGE OF DIABETES WHICH INCLUDES EQUIPMENT, SUPPLIES, SELF-MANAGEMENT
TRAINING, MEDICAL NUTRITION COUNSELING DETERMINED TO BE MEDICALLY
NECESSARY BY A PHYSICIAN OR ADVANCED PRACTICE NURSE AND CONFORM
TO BEST PRACTICES GUIDELINES AND PROTOCOLS.";
strike lines 10 through 26.
Strike pages 3 and 4.
Page 5, strike lines 1 through 14.
Agriculture, After consideration on the merits, the committee recommends that SB 98-65 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 3, line 15, strike "CREDITS,
EVIDENCED BY".
Page 10, strike lines 21 through 26.
Page 11, strike lines 1 through 13.
Renumber succeeding sections accordingly.
Finance The Committee on Finance has had under consideration
and has had a hearing on the following appointments and recommends
that the appointments be confirmed:
STATE BOARD
OF EQUALIZATION
for terms serving at the pleasure of the Governor:
JoAnn Groff of Westminster, Colorado, reappointed;
Lyle C. Kyle of Denver, Colorado, reappointed.
Business After consideration on the merits, the committee recommends that SB 98-147 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 5, after line 6, insert
the following:
"(3) THE HOMEOWNER MAY REJECT A WRITTEN
REPAIR PLAN OR WRITTEN OFFER TO OTHERWISE SETTLE AND SATISFY THE
HOMEOWNER'S COMPLAINT AGAINST OR DISAGREEMENT WITH THE BUILDER
IF THE HOMEOWNER BELIEVES THAT SUCH PLAN OR OFFER WILL NOT SETTLE
AND SATISFY THE HOMEOWNER'S COMPLAINT OR DISAGREEMENT. IF THE
HOMEOWNER REJECTS THE BUILDER'S WRITTEN PLAN OR WRITTEN OFFER,
THE HOMEOWNER SHALL NOTIFY THE BUILDER IN WRITING BY CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, TO THE BUILDER'S LASTKNOWN
ADDRESS. NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION, IF THE
HOMEOWNER PROVIDES WRITTEN NOTIFICATION IN ACCORDANCE WITH THIS
SUBSECTION (3), THE HOMEOWNER MAY FILE A CIVIL ACTION TO RECOVER
DAMAGES FROM A BUILDER RELATING TO A CONSTRUCTION MATTER WITHOUT
PROVIDING FURTHER NOTIFICATION OR OTHERWISE COMPLYING WITH SUBSECTION
(1) OF THIS SECTION.
(4) IF THE BUILDER DELIVERS TO THE HOMEOWNER
A WRITTEN NOTICE THAT THE BUILDER DISAGREES WITH THE HOMEOWNER
AND WILL NOT MAKE ANY REPAIRS OR OFFER TO OTHERWISE SETTLE THE
HOMEOWNER'S COMPLAINT AGAINST OR DISAGREEMENT WITH THE BUILDER,
THE HOMEOWNER MAY FILE A CIVIL ACTION TO RECOVER DAMAGES FROM
A BUILDER RELATING TO A CONSTRUCTION MATTER WITHOUT PROVIDING
FURTHER NOTIFICATION OR OTHERWISE COMPLYING WITH SUBSECTION (1)
OF THIS SECTION.";
line 7, strike "(3)" and substitute "(5)";
line 12, strike "DETERMINES" and substitute
"AND THE HOMEOWNER DETERMINE";
after line 21, insert the following:
"(6) IF THE SAME COMPLAINT OR DISAGREEMENT
BY THE HOMEOWNER HAS BEEN SUBJECT TO THE REQUIREMENTS OF THIS
SECTION MORE THAN THREE TIMES, THE HOMEOWNER MAY FILE A CIVIL
ACTION TO RECOVER DAMAGES FROM A BUILDER RELATING TO A CONSTRUCTION
MATTER WITHOUT PROVIDING FURTHER NOTIFICATION OR OTHERWISE COMPLYING
WITH SUBSECTION (1) OF THIS SECTION.
(7) THIS SECTION SHALL APPLY ONLY IF THE
SALE OF THE RESIDENCE TO THE HOMEOWNER IS CONSUMMATED.";
strike lines 23 through 26.
Page 6, strike lines 1 and 2 and substitute the following:
"affected. THIS PART 8 SHALL
NOT APPLY TO OR AFFECT".
Business After consideration on the merits, the committee recommends that SB 98-49 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 1, strike lines 9 through
11.
Page 2, strike line 1 and substitute the following:
SB 98-49
(Cont.)
"(b) Colorado's longterm economic
health and competitiveness visàvis the economies
of other states and nations, including the benefits of full employment
and the attraction of new businesses that may wish to locate here,
depend on creating a business environment that is conducive to
the continued growth of commerce via the internet and online
services;
(c) A patchwork of local fees and taxes,
or the addition of state fees and taxes to those already imposed
on business activity, will tend to discourage new investment,
reduce the number of jobs available in the state, and dissuade
consumers and employers from enjoying the economic, social, and
environmental benefits offered by use of the internet, including
but not limited to telecommuting, justintime inventory
control, and advance reservation of goods and services;
(d) The cost of forgoing these benefits,
even partially and even at a local level, will be borne by all
citizens of the state in the form of increased traffic congestion,
air pollution, a lower quality of life, and lost time and productivity.
Therefore, this act addresses a matter of statewide concern.
SECTION 2. Title
24, Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW ARTICLE to read:
ARTICLE 79
Limitations on Sources of Revenue
2479101. Limitation on
sources of revenue. (1) THE
STATE SHALL NOT IMPOSE ANY TAX, FEE, OR CHARGE, HOWEVER DESIGNATED,
UPON:
(a) COMMUNICATIONS OF DATA OR TRANSACTIONS
CONDUCTED VIA THE INTERNET OR ONLINE SERVICES; OR
(b) THE PROVISION OF ACCESS TO OR USE
OF THE INTERNET OR ONLINE SERVICES.
(2) SUBSECTION (1) OF THIS SECTION SHALL
NOT PROHIBIT:
(a) TAXATION OF INCOME DERIVED FROM THE
INTERNET OR ONLINE SERVICES;
(b) BUSINESS LICENSE TAXES THAT ARE CALCULATED
ON A FLATFEE BASIS OR ON THE BASIS OF APPORTIONED REVENUE;
(c) TAXES IMPOSED ON A PROVIDER OF INTERNET
SERVICES OR ONLINE SERVICES AS A CONSUMER OF GOODS OR SERVICES;
(d) SALES TAXES IMPOSED ON TRANSACTIONS
OF TANGIBLE PERSONAL PROPERTY SOLD THROUGH USE OF THE INTERNET
OR ONLINE SERVICES WHERE A SUBSTANTIAL NEXUS EXISTS BETWEEN
THE SELLER AND THE STATE OR SPECIAL PURPOSE AUTHORITY;
(e) TAXES IMPOSED ON THE STORAGE, USE,
OR CONSUMPTION OF TANGIBLE PERSONAL PROPERTY PURCHASED THROUGH
USE OF THE INTERNET OR ONLINE SERVICES.
(3) AS USED IN THIS SECTION:
(a) "INTERNET" MEANS THE INTERNATIONAL
COMPUTER NETWORK CONSISTING OF FEDERAL AND NONFEDERAL, INTEROPERABLE,
PACKETCONTROLLED, SWITCHED DATA NETWORKS.
(b) "ONLINE SERVICES"
MEANS SERVICES THAT PROVIDE OR ENABLE COMPUTER ACCESS BY MULTIPLE
USERS TO THE INTERNET AND TO INFORMATION, INCLUDING, BUT NOT LIMITED
TO, WRITING, SIGNS, SIGNALS, PICTURES, AND SOUNDS, THAT IS STORED
IN OR MADE AVAILABLE BY MEANS OF A DIGITAL FILESERVER OR SIMILAR
DEVICE.
(c) "SUBSTANTIAL NEXUS" HAS
THE SAME MEANING AS SUBSTANTIAL NEXUS AS DEFINED IN COURT DECISIONS
INTERPRETING AND APPLYING THE COMMERCE CLAUSE, ARTICLE I, SECTION
8 (3) OF THE UNITED STATES CONSTITUTION, IN REGARD TO TAXATION
BY STATE AND LOCAL GOVERNMENTS. THE GENERAL ASSEMBLY INTENDS THIS
AS AN EVOLVING DEFINITION THAT MAY CHANGE TO REFLECT CHANGING
JUDICIAL INTERPRETATIONS.
SB 98-49
(Cont.)
SECTION 3. Article
1 of title 29, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW PART to read:
PART 10
LIMITATIONS ON SOURCES OF REVENUE
2911001. Exemption from
taxes, fees, and charges internet and online services.
(1) NO STATUTORY OR HOME RULE CITY AND COUNTY, COUNTY,
CITY, OR TOWN, NOR ANY POLITICAL SUBDIVISION OF THE STATE, INCLUDING,
WITHOUT LIMITATION, A SPECIAL PURPOSE AUTHORITY, SPECIAL DISTRICT,
OR SCHOOL DISTRICT, SHALL IMPOSE ANY TAX, FEE, OR CHARGE, HOWEVER
DESIGNATED, UPON:
(a) COMMUNICATIONS OR TRANSACTIONS CONDUCTED
VIA THE INTERNET OR ONLINE SERVICES; OR
(b) THE PROVISION OF ACCESS TO OR USE
OF THE INTERNET OR ONLINE SERVICES.
(2) SUBSECTION (1) OF THIS SECTION SHALL
NOT PROHIBIT:
(a) BUSINESS LICENSE TAXES THAT ARE CALCULATED
ON A FLATFEE BASIS OR ON THE BASIS OF APPORTIONED REVENUE;
(b) TAXES IMPOSED ON A PROVIDER OF INTERNET
SERVICES OR ONLINE SERVICES AS A CONSUMER OF GOODS OR SERVICES;
(c) AD VALOREM TAXES IMPOSED ON PROPERTY
OWNED OR LEASED BY A PROVIDER OF INTERNET SERVICES OR ONLINE
SERVICES;
(d) SALES TAXES IMPOSED ON TANGIBLE PERSONAL
PROPERTY SOLD THROUGH USE OF THE INTERNET OR ONLINE SERVICES
WHERE A SUBSTANTIAL NEXUS EXISTS BETWEEN THE SELLER AND THE STATE
OR SPECIAL PURPOSE AUTHORITY;
(e) TAXES IMPOSED ON THE STORAGE, USE,
OR CONSUMPTION OF TANGIBLE PERSONAL PROPERTY PURCHASED THROUGH
USE OF THE INTERNET OR ONLINE SERVICES;
(f) COSTS CHARGED FOR COPYRIGHTED MATERIAL
OR FOR MATERIAL SUPPLIED BY COMMERCIAL ENTITIES THAT ARE PASSED
THROUGH TO USERS BY A PUBLICLY-SUPPORTED LIBRARY AS DEFINED IN
SECTION 24-90-103 (14), C.R.S..
(3) AS USED IN THIS SECTION:
(a) "INTERNET" MEANS THE INTERNATIONAL
COMPUTER NETWORK CONSISTING OF FEDERAL AND NONFEDERAL, INTEROPERABLE,
PACKETCONTROLLED, SWITCHED DATA NETWORKS.
(b) "ONLINE SERVICES"
MEANS SERVICES THAT PROVIDE OR ENABLE COMPUTER ACCESS BY MULTIPLE
USERS TO THE INTERNET AND TO INFORMATION, INCLUDING, BUT NOT LIMITED
TO, WRITING, SIGNS, SIGNALS, PICTURES, AND SOUNDS, THAT IS STORED
IN OR MADE AVAILABLE BY MEANS OF A DIGITAL FILESERVER OR SIMILAR
DEVICE.
(c) "SUBSTANTIAL NEXUS" HAS
THE SAME MEANING AS SUBSTANTIAL NEXUS AS DEFINED IN COURT DECISIONS
INTERPRETING AND APPLYING THE COMMERCE CLAUSE, ARTICLE I, SECTION
8 (3) OF THE UNITED STATES CONSTITUTION, IN REGARD TO TAXATION
BY STATE AND LOCAL GOVERNMENTS. THE GENERAL ASSEMBLY INTENDS THIS
AS AN EVOLVING DEFINITION THAT MAY CHANGE TO REFLECT CHANGING
JUDICIAL INTERPRETATIONS.".
Renumber succeeding sections accordingly.
Page 2, strike line 7 and substitute "AND COUNTY,
COUNTY, CITY, OR TOWN SHALL APPLY TO:";
strike lines 13 and 14.
Renumber succeeding subparagraphs accordingly.
SB 98-49
(Cont.)
Page 2, line 21, strike "AND USE" and strike
"INTANGIBLE" and substitute "TANGIBLE".
Page 3, line 6, strike "SYMBOLS," and substitute
"SIGNALS,";
strike line 20 and substitute "COUNTY, COUNTY,
CITY, OR TOWN SHALL APPLY TO:";
strike line 26.
Page 4, strike line 1.
Renumber succeeding subparagraphs accordingly.
Page 4, strike lines 8 through 11 and substitute
the following:
"(IV) TAXES IMPOSED ON THE STORAGE,
USE, OR CONSUMPTION OF TANGIBLE PERSONAL PROPERTY PURCHASED THROUGH
USE OF THE INTERNET OR ONLINE SERVICES.";
line 19, strike "SYMBOLS," and substitute
"SIGNALS,";
strike lines 21 through 26.
Page 5, strike line 1;
line 13, strike "SYMBOLS," and substitute
"SIGNALS,".
Page 6, line 10, strike "AND USE" and strike
"INTANGIBLE" and substitute "TANGIBLE";
line 11, strike "OR USED";
strike lines 25 and 26.
Page 7, strike lines 1 through 6 and substitute the
following:
"(A) TAXES IMPOSED UPON A PROVIDER
OF INTERNET SERVICES OR ONLINE SERVICES AS A CONSUMER OF
GOODS OR SERVICES; OR
(B) TAXES IMPOSED ON THE STORAGE, USE,
OR CONSUMPTION OF TANGIBLE PERSONAL PROPERTY PURCHASED THROUGH
USE OF THE INTERNET OR ONLINE SERVICES.".
Business After consideration on the merits, the committee recommends that SB 98-76 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, strike everything below the enacting
clause and substitute the following:
"SECTION 1. 1255102 (1),
Colorado Revised Statutes, is amended, and the said 1255102
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1255102. Definitions.
As used in this part 1, unless the context otherwise requires:
(1) "Notarial
acts" means those acts which the laws and regulations of
this state authorize notaries public to perform including, but
not limited to, administering oaths and affirmations, taking proof
of execution and acknowledgments of instruments, and attesting
documents. "ATTESTED" MEANS
SUBSCRIBED, SIGNED, ACKNOWLEDGED, SWORN TO, AFFIRMED, CERTIFIED,
VERIFIED, OR ATTESTED TO AND INCLUDES OTHER WORDS AND PHRASES
THAT HAVE A SUBSTANTIALLY SIMILAR MEANING.
(1.5) "NOTARIAL ACTS" MEANS
THOSE ACTS THAT A NOTARY PUBLIC IS EMPOWERED TO PERFORM PURSUANT
TO SECTION 1255110 (1).
SB 98-76
(Cont.)
SECTION 2. 1255110
(1), Colorado Revised Statutes, is amended, and the said 1255110
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1255110. Powers and limitations.
(1) Every notary public is empowered to:
(a) Take acknowledgments AND OTHER UNSWORN
STATEMENTS, PROOF OF EXECUTION, AND ATTEST DOCUMENTS;
(b) Administer oaths and affirmations;
(c) Certify
that a copy of a document is a true copy of another document;
(d) Take depositions, AFFIDAVITS, VERIFICATIONS,
AND OTHER SWORN TESTIMONY OR STATEMENTS; and
(e) Perform
any other act permitted by law.
(f) PRESENT AND GIVE NOTICE OF DISHONOR
AND PROTEST NOTES AND OTHER NEGOTIABLE INSTRUMENTS AS PROVIDED
IN PART 5 OF ARTICLE 3 OF TITLE 4, C.R.S., OR THE CORRESPONDING
LAWS OF ANOTHER JURISDICTION;
(g) GIVE CERTIFICATES OR OTHER STATEMENTS
AS TO A NOTARIAL ACT PERFORMED BY SUCH NOTARY. SUCH ACTS SHALL
INCLUDE, BUT ARE NOT LIMITED TO, THE GIVING OF CERTIFICATES AS
TO, OR CERTIFIED COPIES OF, ANY RECORD OR OTHER DOCUMENT RELATING
TO A NOTARIAL ACT PERFORMED BY SUCH NOTARY AND CERTIFYING THAT
A COPY OF A DOCUMENT IS A TRUE COPY OF ANOTHER DOCUMENT IN ACCORDANCE
WITH SECTION 1255120.
(h) PERFORM ANY OTHER ACT THAT IS RECOGNIZED
OR OTHERWISE GIVEN EFFECT UNDER THE LAW, RULES, OR REGULATIONS
OF ANOTHER JURISDICTION, INCLUDING THE UNITED STATES, PROVIDED
SUCH OTHER LAW, RULE, OR REGULATION AUTHORIZES A NOTARY IN THIS
STATE TO PERFORM SUCH ACT. HOWEVER, NO NOTARY IS EMPOWERED TO
PERFORM AN ACT UNDER THIS PARAGRAPH (h) IF SUCH PERFORMANCE IS
PROHIBITED BY THE LAW, RULES, OR REGULATIONS OF THIS STATE.
(i) PERFORM ANY OTHER ACT AUTHORIZED BY
LAW, RULES, AND REGULATIONS.
(4) NO NOTARY SHALL SIGN A CERTIFICATE
OR OTHER STATEMENTS AS TO A NOTARIAL ACT TO THE EFFECT THAT A
DOCUMENT OR ANY PART THEREOF WAS ATTESTED BY AN INDIVIDUAL, UNLESS:
(a) SUCH INDIVIDUAL HAS ATTESTED SUCH
DOCUMENT OR PART THEREOF WHILE IN THE PHYSICAL PRESENCE OF SUCH
NOTARY; AND
(b) SUCH INDIVIDUAL IS PERSONALLY KNOWN
TO SUCH NOTARY AS THE PERSON NAMED IN THE CERTIFICATE, STATEMENT,
DOCUMENT, OR PART THEREOF, OR SUCH NOTARY RECEIVES SATISFACTORY
EVIDENCE THAT SUCH INDIVIDUAL IS THE PERSON SO NAMED. FOR PURPOSES
OF THIS PARAGRAPH (b), "SATISFACTORY EVIDENCE" INCLUDES
BUT IS NOT LIMITED TO THE SWORN STATEMENT OF A CREDIBLE WITNESS
WHO PERSONALLY KNOWS SUCH NOTARY AND THE INDIVIDUAL SO NAMED,
OR A CURRENT IDENTIFICATION CARD OR DOCUMENT ISSUED BY A FEDERAL
OR STATE GOVERNMENTAL ENTITY CONTAINING A PHOTOGRAPH AND SIGNATURE
OF THE INDIVIDUAL WHO IS SO NAMED.
SECTION 3. Part 1 of article
55 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
1255110.5. Accommodation
of physical limitations. (1) A
NOTARY PUBLIC MAY CERTIFY AS TO THE SUBSCRIPTION OR SIGNATURE
OF AN INDIVIDUAL WHEN IT APPEARS THAT SUCH INDIVIDUAL HAS A PHYSICAL
LIMITATION THAT RESTRICTS SUCH INDIVIDUAL'S ABILITY TO SIGN BY
WRITING OR MAKING A MARK, PURSUANT TO THE FOLLOWING:
SB 98-76
(Cont.)
(a) THE NAME OF AN INDIVIDUAL MAY BE SIGNED
BY ANOTHER INDIVIDUAL OTHER THAN THE NOTARY PUBLIC AT THE DIRECTION
AND IN THE PRESENCE OF THE INDIVIDUAL WHOSE NAME IS TO BE SIGNED
AND IN THE PRESENCE OF THE NOTARY PUBLIC.
(b) THE WORDS "SIGNATURE WRITTEN
BY (NAME OF INDIVIDUAL DIRECTED TO SIGN) AT THE DIRECTION AND
IN THE PRESENCE OF (NAME AS SIGNED) ON WHOSE BEHALF THE SIGNATURE
WAS WRITTEN" OR WORDS OF SUBSTANTIALLY SIMILAR EFFECT SHALL
APPEAR UNDER OR NEAR THE SIGNATURE.
(2) A NOTARY PUBLIC MAY USE SIGNALS OR
ELECTRONIC OR MECHANICAL MEANS TO TAKE AN ACKNOWLEDGMENT FROM,
ADMINISTER AN OATH OR AFFIRMATION TO, OR OTHERWISE COMMUNICATE
WITH ANY INDIVIDUAL IN THE PRESENCE OF SUCH NOTARY PUBLIC WHEN
IT APPEARS THAT SUCH INDIVIDUAL IS UNABLE TO COMMUNICATE VERBALLY
OR IN WRITING.
SECTION 4. 1255111,
Colorado Revised Statutes, is amended to read:
1255111. Journal.
(1) Every notary public shall keep a journal of every
acknowledgment taken by him to an
instrument affecting the title to real property
NOTARIAL ACT and, if required, give a certified copy of or a certificate
as to any such journal or any of his
SUCH NOTARY'S acts, upon payment of his
SUCH NOTARY'S fee. therefor.
FOR EACH NOTARIAL ACT, A NOTARY'S JOURNAL SHALL CONTAIN THE FOLLOWING
INFORMATION:
(a) THE TYPE, DATE, AND TIME OF DAY OF
THE NOTARIAL ACT;
(b) THE TITLE OR TYPE OF THE DOCUMENT
OR PROCEEDING THAT WAS NOTARIZED AND THE DATE OF SUCH DOCUMENT
OR PROCEEDING, IF DIFFERENT THAN THE DATE OF THE NOTARIZATION;
(c) THE NAME OF EACH PERSON WHOSE OATH,
AFFIRMATION, ACKNOWLEDGMENT, AFFIDAVIT, DECLARATION, DEPOSITION,
PROTEST, VERIFICATION, OR OTHER STATEMENT IS TAKEN; AND
(d) ANY OTHER INFORMATION THE NOTARY CONSIDERS
APPROPRIATE TO RECORD THAT CONCERNS THE NOTARIAL ACT.
(2) FOR EACH NOTARIAL ACT, A NOTARY'S
JOURNAL MAY CONTAIN THE FOLLOWING:
(a) THE SIGNATURE AND ADDRESS OF EACH
PERSON WHOSE OATH, AFFIRMATION, ACKNOWLEDGMENT, AFFIDAVIT, DECLARATION,
DEPOSITION, PROTEST, VERIFICATION, OR OTHER STATEMENT IS TAKEN;
(b) THE SIGNATURE, PRINTED NAME, AND ADDRESS
OF EACH WITNESS TO THE NOTARIZATION;
(c) A DESCRIPTION OF THE MANNER BY WHICH
EACH PERSON APPEARING BEFORE SUCH NOTARY WAS IDENTIFIED.
(3) (a) SUBSECTION (1) OF THIS SECTION
SHALL NOT APPLY TO ANY DOCUMENT WHERE THE ORIGINAL OR A COPY OF
SUCH DOCUMENT CONTAINS THE INFORMATION OTHERWISE REQUIRED TO BE
ENTERED IN THE NOTARY'S JOURNAL AND SUCH ORIGINAL OR COPY IS RETAINED
BY THE NOTARY'S FIRM OR EMPLOYER IN THE REGULAR COURSE OF BUSINESS.
(b) FOR PURPOSES OF THIS SUBSECTION (3),
"FIRM" INCLUDES BUT IS NOT LIMITED TO AN OFFICE WHERE
THE BUSINESS OF A REAL ESTATE BROKER, LAWYER, OR OTHER LICENSED
PROFESSIONAL IS REGULARLY CARRIED ON AND THE RECORDS OF SUCH BUSINESS
ARE REGULARLY MAINTAINED.
SECTION 5. 1255112,
Colorado Revised Statutes, is amended to read:
1255112. Official signature
rubber stamp seal seal embosser.
(1) At the time of notarization, a notary public shall
sign his
SUCH NOTARY'S official signature on every notary acknowledgment
CERTIFICATE.
SB 98-76
(Cont.)
(2) Under or near his
SUCH NOTARY'S official signature on every notary acknowledgment
CERTIFICATE, a notary public shall rubber stamp or emboss clearly
and legibly his
SUCH NOTARY'S official seal. The official notary seal shall contain
only the outline of the seal, the name of the notary, exactly
as he
SUCH NOTARY writes his OR HER official signature, the words "STATE
OF COLORADO", and the words "NOTARY PUBLIC".
(3) Under or near his
SUCH NOTARY'S official signature on every notary acknowledgment
CERTIFICATE, a notary public shall write or stamp "my commission
expires (commission expiration date)".
(4) Every notary public may provide, keep,
and use a seal embosser engraved to show his
SUCH NOTARY'S name and the words "NOTARY PUBLIC" and
"STATE OF COLORADO". The indentations made by the seal
embosser shall not be applied on the
notary acknowledgment
or document to be notarized ON THE
DOCUMENT WHERE THE NOTARY CERTIFICATE APPEARS in a manner that
will render illegible or incapable of photographic reproduction
any of the printed marks or writing.
(5) The illegibility of any of the information
required by this section does not affect the validity of a DOCUMENT
OR transaction.
(6) FOR PURPOSES OF THIS SECTION, "NOTARY
CERTIFICATE"MEANS A CERTIFICATE OR OTHER STATEMENT OF A NOTARY
RELATING TO A NOTARIAL ACT PERFORMED BY SUCH NOTARY.
SECTION 6. 1255121,
Colorado Revised Statutes, is amended to read:
1255121. Fees.
(1) The fees of notaries public may be, but shall not
exceed, two
THREE dollars for each acknowledgment
DOCUMENT ATTESTED BY A PERSON BEFORE A NOTARY, except as otherwise
provided by law. THE FEE FOR EACH SUCH DOCUMENT SHALL INCLUDE
THE FOLLOWING INCIDENTAL SERVICES OF SUCH NOTARY:
(a) RECEIVING EVIDENCE OF SUCH PERSON'S
IDENTITY AS ENUMERATED IN SECTION 1255110 (4);
(b) ADMINISTERING AN OATH OR AFFIRMATION
TO SUCH PERSON; AND
(c) SIGNING AND SEALING A CERTIFICATE
OR STATEMENT OF SUCH NOTARY THAT IS INCLUDED IN OR ATTACHED TO
SUCH DOCUMENT AND EVIDENCES THAT THE DOCUMENT WAS ATTESTED BEFORE
SUCH NOTARY.
(2) NOTARIES PUBLIC SHALL ADMINISTER THE
OATH REQUIRED OF ANY PERSON REQUESTING AN AFFIDAVIT FOR AN EMERGENCY
ABSENTEE BALLOT PURSUANT TO SECTION 18115, C.R.S.,
AND NO NOTARY SHALL CHARGE SUCH A PERSON FOR THE SERVICES INCIDENTAL
TO TAKING SUCH AFFIDAVIT, AS SET FORTH IN SUBSECTION (1) OF THIS
SECTION.
SECTION 70 Effective date
applicability. (1) This act
shall take effect on January 1, 1999, unless a referendum petition
is filed against this act or an item, section, or part of this
act within the ninetyday period after final adjournment
of the general assembly that is allowed for submitting a referendum
petition pursuant to article V, section 1 (3) of the state constitution.
If such a referendum petition is filed against this act or an
item, section, or part of this act within such period, then the
act, item, section, or part shall take effect on the later of
January 1, 1999, or the date of the official declaration of the
vote thereon by proclamation of the governor, only if approved
by the people.
(2) The provisions of this act shall apply
to acts occurring on or after the applicable effective date of
this act.".
Business After consideration on the merits, the committee recommends that the following be
Affairs postponed indefinitely: SB 98-95
and Labor
______________________________
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 30, was laid over until Monday, February 2, retaining its place on the calendar.
______________________________
TRIBUTES--A POINT
OF INTEREST
Honoring Matthew Janson
by Senator Bishop
Honoring Jeffrey Michael
Tharp by Senator Bishop
Memorializing Enrico
Rossi by Senator Thiebaut
Memorializing Joseph
D. McClosky by Senator Thiebaut
Memorializing John C.
Ribal by Senator Thiebaut
Memorializing Ernest
Lee Martinez by Senator Thiebaut
Memorializing Ruthann
Wigim Cooper by Senator Thiebaut
Memorializing Wayne Anzick
by Senator Thiebaut
On motion of Senator Duke, the Senate adjourned until 10:00 a.m., Monday,
February 2, 1998.
Approved:
Tom Norton
President of the Senate
Attest:
Joan M. Albi
Secretary of the Senate