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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