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SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

114th Legislative Day Thursday, April 29, 1999

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

Order

Prayer By the chaplain, Rev. Glen Hamlyn, Rocky Mountain Cathedral.

Roll Call Present--Total, 32.

Absent/Excused--Lacy, Lamborn, Martinez--Total, 3.

Present later--Lacy, Lamborn, Martinez.

Quorum The President announced a quorum present.

Reading of On motion of Senator Hillman, reading of the Journal of April 28th was

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

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Special Orders..

__________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SB99-232, HB99-1367, 99-1370, 99-1366 were made Special Orders at 9:20 a.m.

__________________________

Committee The hour of 9:20 a.m. having arrived, Senator Teck moved that the Senate resolve

of the itself into Committee of the Whole for consideration of Special Orders and Senator

Whole Teck was called to the Chair to act as Chairman.

SPECIAL ORDERS--SECOND READING OF BILLS--9:20 A. M.

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 99-232 by Sen. Anderson; Rep. Spradley--Expenditures From State Historical Fund

Amendment No. 1, Finance Committee Amendment

(Printed in Senate Journal, April 28, page 1032.)

Amendment No. 2, by Senator Anderson

Amend printed bill, page 4, strike lines 14 through 26.

Page 5, strike lines 1 through 25, and substitute the following:

"(2)  THE STATE HISTORICAL SOCIETY SHALL NOT EXPEND MONEYS FROM THE EIGHTY PERCENT PORTION OF THE STATE HISTORICAL FUND ADMINISTERED BY THE SOCIETY UNLESS THEY HAVE ADOPTED STANDARDS FOR DISTRIBUTION OF GRANTS FROM THAT PORTION OF THE FUND. AT A MINIMUM, SUCH STANDARDS SHALL INCLUDE THE FOLLOWING:

(a)  REQUIREMENTS THAT ASSURE COMPLIANCE WITH THE SECRETARY OF THE INTERIOR'S STANDARDS FOR TREATMENT OF HISTORIC PROPERTIES; AND

(3)  THE GOVERNING BODIES OF THE CITIES OF CENTRAL, BLACK HAWK, AND CRIPPLE CREEK SHALL NOT EXPEND MONEYS FROM THEIR TWENTY PERCENT PORTION OF THE STATE HISTORICAL FUND UNLESS THEY

HAVE ADOPTED STANDARDS FOR DISTRIBUTION OF GRANTS FROM THAT PORTION OF THE FUND. AT A MINIMUM, SUCH STANDARDS SHALL INCLUDE THE FOLLOWING:

(a)  REQUIREMENTS THAT ASSURE COMPLIANCE WITH THE SECRETARY OF THE INTERIOR'S STANDARDS FOR TREATMENT OF HISTORIC PROPERTIES;

(b)  A PROVISION THAT PROHIBITS A PRIVATE INDIVIDUAL FROM RECEIVING MORE THAN ONE GRANT FOR THE RESTORATION OR PRESERVATION OF THE SAME PROPERTY WITHIN ANY ONE­YEAR PERIOD;

(c)  A PROVISION THAT LIMITS GRANTS TO PROPERTY THAT IS LOCATED WITHIN A NATIONAL HISTORIC LANDMARK DISTRICT OR WITHIN AN AREA LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES;

(d)  A PROVISION THAT LIMITS GRANTS FOR RESTORATION OR PRESERVATION TO STRUCTURES THAT HAVE HISTORICAL SIGNIFICANCE BECAUSE THEY WERE ORIGINALLY CONSTRUCTED MORE THAN FIFTY YEARS PRIOR TO THE DATE OF THE APPLICATION;

(e)  A PROVISION THAT PROHIBITS GRANTS THAT EXCEED ONE HUNDRED THOUSAND DOLLARS FOR A SINGLE RESIDENTIAL PROPERTY;

(f)  A PROVISION THAT PROHIBITS ISSUING A GRANT TO A PRIVATE INDIVIDUAL WHO DOES NOT OWN THE RESIDENTIAL PROPERTY THAT IS TO BE RESTORED OR PRESERVED;

(g)  A PROVISION THAT PROHIBITS USING A GRANT FOR PAYMENT OF ANY TAX LIABILITY THAT MAY BE INCURRED BY THE PERSON WHO RECEIVES THE GRANT;

(h)  A PROVISION THAT PROHIBITS MAKING GRANTS FOR MORE THAN ONE YEAR AT A TIME; AND

(I)  A PROVISION THAT REQUIRES A MEMBER OF THE GOVERNING BODY TO DISCLOSE ANY PERSONAL INTEREST IN A GRANT BEFORE VOTING ON THE APPLICATION.".

As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage. (For further action, see page 1039 where the Blickensderfer amendment to the

Report of the Committee of the Whole was adopted, and SB99-232 as amended, laid over

until the next Special Orders calendar of Thursday, April 29, retaining its place.)

HB 99-1367 by Rep. Young; Sen. Musgrave--Size Factor For Deconsolidated Districts

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, April 23, page 940.)

Amendment No. 2, by Senator Anderson

Amend reengrossed bill, page 2, line 1, strike "PROVIDED IN" and substitute "ALLOWED FOR QUALIFIED SCHOOL DISTRICTS PURSUANT TO";

line 2, strike "(II)," and substitute "(II), AS IT EXISTED PRIOR TO JULY 1, 2001,";

line 11, strike "PROVIDED IN" and substitute "ALLOWED FOR QUALIFIED SCHOOL DISTRICTS PURSUANT TO";

line 12, strike "(II)," and substitute "(II), AS IT EXISTED PRIOR TO JULY 1, 2001,";

line 20, strike "(b)." and substitute "(b) FOR BUDGET YEAR 2001­02 AND BUDGET YEARS THEREAFTER.".

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

Senator Blickensderfer moved that the Committee of the Whole rise, report progress and beg leave to sit again. A majority of those elected to the Senate having voted in the affirmative, the motion was adopted.

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

SB 99-232 by Sen. Anderson; Rep. Spradley--Expenditures From State Historical Fund

Senator Blickensderfer moved to amend the Report of the Committee of the Whole

to show that SB99-232, as amended, laid over until the next Special Orders calendar of

Thursday, April 29, retaining its place.

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

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Teck, 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:

HB99-1367 as amended, declared passed on Second Reading.

SB99-232 as amended, laid over until the next Special Orders calendar of Thursday,

April 29, retaining its place.

SENATE SERVICES REPORT

Senate Correctly engrossed: SB 99-214, 233.

Services

THIRD READING OF BILLS--FINAL PASSAGE

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

HB 99-1325 by Rep. George; Senator Powers--Transportation RANs


Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

A majority of those elected to the Senate having voted in the affirmative, Senator Feeley was given permission to offer a third Reading amendment.

Third Reading Amendment No. 1, by Senator Feeley

Amend revised bill, page 21, after line 8, insert the following:

"43­4­713.  Priority of strategic transportation project investment program.  IF THE EXECUTIVE DIRECTOR ISSUES ANY REVENUE ANTICIPATION NOTES IN ACCORDANCE WITH THE PROVISIONS OF THIS PART 7, THE PROCEEDS FROM THE SALE OF SUCH NOTES THAT ARE NOT OTHERWISE PLEDGED FOR THE PAYMENT OF SUCH NOTES SHALL BE USED FOR THE QUALIFIED FEDERAL AID TRANSPORTATION PROJECTS INCLUDED IN THE STRATEGIC TRANSPORTATION PROJECT INVESTMENT PROGRAM OF THE DEPARTMENT OF TRANSPORTATION.".

Renumber succeeding C.R.S. section accordingly.

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

A majority of those elected to the Senate having voted in the affirmative, Senator Powers was given permission to offer a third Reading amendment.

Third Reading Amendment No. 2, by Senator Powers

Amend revised bill, page 4, strike lines 4 through 10.

Reletter succeeding paragraphs accordingly.

Page 5, strike lines 16 and 17 and substitute the following:

"DISCRETION OF THE TRANSPORTATION COMMISSION DO NOT CONSTITUTE "A DEBT BY LOAN IN ANY FORM" UNDER";

line 19, strike "GLENNON HEIGHTS INC. V.";

strike line 20 and substitute the following:

"SUBMISSION OF INTERROGATORIES ON HOUSE BILL 99­1325, CASE NO. 99SA108 (APRIL 23, 1999), SINCE THE NOTES";

strike lines 25 and 26.

Page 6, strike lines 1 through 7;

strike line 9 and substitute the following:

"DECISION IN SUBMISSION OF INTERROGATORIES ON HOUSE BILL 99­1325, CASE NO. 99SA108 (APRIL 23, 1999),";

line 10, strike "(COLO. 1995),".

Page 7, after line 16, insert the following:

"43­4­703.  Submission of ballot question regarding issuance of transportation revenue anticipation notes. (1)  THE SECRETARY OF STATE SHALL SUBMIT A BALLOT QUESTION TO A VOTE OF THE REGISTERED ELECTORS OF THE STATE OF COLORADO AT THE STATEWIDE ELECTION TO BE HELD IN NOVEMBER, 1999, FOR THEIR APPROVAL OR REJECTION. EACH ELECTOR VOTING AT SAID NOVEMBER ELECTION SHALL CAST A VOTE AS PROVIDED BY LAW EITHER "YES" OR "NO" ON THE PROPOSITION: "SHALL STATE OF COLORADO DEBT BE INCREASED UP TO $ 1,700,000,000, WITH A MAXIMUM REPAYMENT COST OF $ 2,300,000,000, WITH NO INCREASE IN ANY TAXES, FOR THE PURPOSE OF ADDRESSING THE CRITICAL, PRIORITY TRANSPORTATION NEEDS IN THE STATE BY FINANCING TRANSPORTATION PROJECTS THAT QUALIFY FOR FEDERAL FUNDING THROUGH THE ISSUANCE OF REVENUE ANTICIPATION NOTES, AND SHALL EARNINGS ON THE PROCEEDS OF SUCH NOTES CONSTITUTE A VOTER­APPROVED REVENUE CHANGE?"

(2)  THE VOTES CAST FOR THE ADOPTION OR REJECTION OF THE QUESTION SUBMITTED PURSUANT TO SUBJECTION (1) OF THIS SECTION SHALL BE CANVASSED AND THE RESULT DETERMINED IN THE MANNER PROVIDED BY LAW FOR THE CANVASSING OF VOTES FOR REPRESENTATIVES IN CONGRESS.".

Renumber succeeding C.R.S. sections accordingly.

Page 13, line 26, strike "43­4­706" and substitute "43­4­707".

Page 14, line 5, strike "43­4­706 (1)" and substitute "43­4­707 (1)";

after line 22, insert the following:

"(13)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS PART 7 TO THE CONTRARY, THE EXECUTIVE DIRECTOR SHALL HAVE THE AUTHORITY TO ISSUE REVENUE ANTICIPATION NOTES PURSUANT TO THIS PART 7 ONLY IF VOTERS STATEWIDE APPROVE THE BALLOT QUESTION SUBMITTED AT THE NOVEMBER, 1999, STATEWIDE ELECTION PURSUANT TO SECTION 43­4­703 (1) AND ONLY THEN TO THE EXTENT ALLOWED UNDER THE MAXIMUM AMOUNTS OF DEBT AND REPAYMENT COST SO APPROVED.".

Page 15, strike lines 14 and 15 and substitute the following:

"SHALL NOT BE DEEMED OR CONSTRUED AS CREATING AN INDEBTEDNESS OF THE STATE WITHIN THE";

strike lines 18 through 21 and substitute the following:

"THE STATE OF COLORADO.".

Page 17, line 11, after "NOTES", insert "AND ANY EARNINGS ON SUCH PROCEEDS".

Page 20, line 11, after "THAN", insert "JANUARY 15, 2001, AND NO LATER THAN";

line 12, strike "YEAR," and substitute "YEAR THEREAFTER,".

Page 22, line 10, strike "43­4­704 (2) (c) (II)." and substitute "43­4­705 (2) (c) (II).".

Page 23, line 18, strike "43­4­708," and substitute "43­4­709,".

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

A majority of those elected to the Senate having voted in the affirmative, Senator Perlmutter was given permission to offer a third Reading amendment.

Third Reading Amendment No. 3, by Senator Perlmutter, Linkhart, Reeves and Matsunaka

Amend the Powers floor amendment , page 1040, line 47, strike "NOTES," and substitute "NOTES TO BE PAID FROM ALL STATE REVENUES IN EXCESS OF THE STATE TABOR LIMIT (AN AMOUNT ESTIMATED TO BE IN EXCESS OF $500,000,000 PER YEAR FROM FISCAL YEARS 2000 THROUGH 2005),".

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

YES 16

NO 19

EXCUSED 0

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
N
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

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

YES 20

NO 15

EXCUSED 0

ABSENT 0

Anderson
N
Evans
Y
Musgrave
N
Tanner
Y

Andrews
N
Feeley
N
Nichol
N
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
N
Wattenberg
Y

Congrove
N
Lamborn
Y
Phillips
N
Weddig
Y

Dennis
Y
Linkhart
N
Reeves
N
Wham
N

Dyer
Y
Martinez
Y
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
N
Sullivant
Y

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

Co-sponsor added: Tebedo

IMMEDIATE RECONSIDERATION OF HB99-1325

HB 99-1325 by Rep. George; Senator Powers--Transportation RANs

Having voted on the prevailing side, Senator Powers moved for immediate

reconsideration of HB99-1325.

Immediate reconsideration was denied by the following roll call vote:

YES 15

NO 20

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
N
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
N
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
N

Congrove
Y
Lamborn
N
Phillips
Y
Weddig
N

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
N
Martinez
N
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
Y
Sullivant
N

THIRD READING OF BILLS (CONTINUED)

SB 99-214 by Sen. Dennis; Rep. Johnson--Funding The Wildlife Education Council

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

YES 24

NO 11

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
N
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
N
Owen
N
Teck
Y

Blickensderfer
Y
Hillman
N
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
N
Lamborn
N
Phillips
Y
Weddig
N

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
N

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

SB 99-233 by Sen. Lacy; Rep. Tool--State Fiscal Policies Relating To TABOR

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

YES 34

NO 1

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

A majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

CONFERENCE COMMITTEES GRANTED FURTHER POWERS

SB 99-039 by Sen. Tebedo; Rep. Mace--Dropout Definition & District Reporting

Senator Tebedo moved that the Senate Conferees on the First Conference Committee on SB99-039 be given the powers to go beyond the scope of the differences between the two Houses.

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

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

COMMITTEE OF REFERENCE REPORTS

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

Affairs referred favorably to the Committee of the Whole: HB99-1329

and Labor

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

Affairs referred favorably to the Committee of the Whole: HB99-1371

and Labor

Business After consideration on the merits, the committee recommends that HB99-1368 be

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

and Labor favorable recommendation:

Amend reengrossed bill, page 1, line 8, strike "SALESPERSON" and substitute "BROKER ASSOCIATE".

Page 2, line 3, strike "SALESPERSON" and substitute "BROKER ASSOCIATE";

line 4, strike the second "INSURANCE";

strike lines 7 through 12, and substitute the following:

"BUYER OR SELLER AT EITHER THE TIME THE REAL ESTATE LISTING AGREEMENT IS SIGNED OR AGENCY DISCLOSURE IS GIVEN IF THE BUYER OR SELLER HAS BEEN OR WILL BE REFERRED TO A TITLE COMPANY IN WHICH THE REAL ESTATE BROKER OR REAL ESTATE BROKER ASSOCIATE HAS A FINANCIAL INTEREST.";

line 14, strike "SALESPERSON" and substitute "BROKER ASSOCIATE";

strike lines 16 through 18 and substitute the following:

(2)  THE RULES REQUIRED BY THIS SECTION SHALL NOT BE MORE RESTRICTIVE THAN THE RULES ADOPTED BY THE DIVISION OF INSURANCE CONCERNING PROHIBITIONS APPLICABLE TO TITLE INSURANCE COMPANIES.".

Business The Committee on Business Affairs and Labor has had under consideration and has had a

Affairs hearing on the following appointment and recommends that the appointment be confirmed:

and Labor

BANKING BOARD

effective April 16, 1999, for a term expiring July 1, 1999:

Steve A. Sherlock of Lamar, Colorado, to serve as a banker from the Fourth Congressional District and as a Democrat, replacing Thomas R. Mraule, appointed;

effective April 16, 1999, for a term expiring July 1, 2001:

Karen J. Rodriguez of Colorado Springs, Colorado, to serve as an industrial banker from the Fifth Congressional District and as a Democrat, replacing William A. Mitchell, Jr., who resigned, appointed;

effective July 1, 1999, for terms expiring July 1, 2003:

Steve A. Sherlock of Lamar, Colorado, to serve as a banker from the Fourth Congressional District and as a Democrat, reappointed;

Maurice Goodgaine, Jr., of Thornton, Colorado, to serve as a non-banker from the Second Congressional District and as a Democrat, reappointed;

John R. Young of Glenwood Springs, Colorado, to serve as a banker from the Third Congressional District and as a Republican, reappointed;

Richard F. Mutzebaugh of Highlands Ranch, Colorado, to serve as a non-banker from the Fifth Congressional District and as a Republican, replacing LaCharles P. Keesee, appointed.

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

Affairs postponed indefinitely: HB99-1340

and Labor

State, After consideration on the merits, the committee recommends that HB99-1280 be

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

and Military with favorable recommendation:

Affairs

Strike the Sullivant and Perlmutter amendment, as printed in Senate Journal, April 27, page 977, lines 3 through 25, and substitute the following:

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

"SECTION 1.  24­68­102 (2) and (4), Colorado Revised Statutes, are amended to read:

24­68­102.  Definitions. As used in this article, unless the context otherwise requires:

(2)  "Local government" means any county OR city and county WITH MORE THAN FIFTY THOUSAND INHABITANTS, AS DETERMINED BY THE MOST RECENTLY AVAILABLE FEDERAL CENSUS DATA, AND ANY STATUTORY OR HOME RULE city or town whether statutory or home rule, WITHIN SUCH A COUNTY, acting through its governing body or any board, commission, or agency thereof having final approval authority over a site specific development plan, including, without limitation, any legally empowered urban renewal authority.

(4)  "Site specific development plan" means a plan which THAT has been submitted to a local government by a landowner or his SUCH LANDOWNER'S representative describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. Such plan may be in the form of, but need not be limited to, any of the following plans or approvals: A planned unit development plan, a subdivision plat, a specially planned area, a planned building group, a general submission plan, a preliminary or general development plan, a conditional or special use plan, a development agreement, or any other land use approval designation as may be utilized by a local government. What constitutes a site specific development plan under this article that would trigger a vested property right shall be finally determined by the local government either pursuant to ordinance or regulation or upon an agreement entered into by the local government and the landowner, and the document that triggers such vesting shall be so identified at the time of its approval. APPROVAL OF THE DOCUMENT SHALL REQUIRE A PUBLIC HEARING. THE NOTICE OF ANY HEARING CONCERNING THE APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN SHALL INCLUDE A CONSPICUOUS STATEMENT THAT RIGHTS SHALL VEST UPON APPROVAL OF THE PLAN.

(b)  A variance shall not constitute a site specific development plan. "Site specific development plan" shall not include a sketch plan as defined in section 30­28­101 (8), C.R.S., or A VARIANCE, a preliminary plan as defined in section 30­28­101 (6), C.R.S., OR ANY OF THE FOLLOWING:

(I)  A SKETCH PLAN AS DEFINED IN SECTION 30­28­101 (8), C.R.S.;

(II)  A FINAL SUBDIVISION PLAT;

(III)  A FINAL ARCHITECTURAL PLAN;

(IV)  PUBLIC UTILITY FILINGS;

(V)  FINAL CONSTRUCTION DRAWINGS AND RELATED DOCUMENTS SPECIFYING MATERIALS AND METHODS FOR CONSTRUCTION OF IMPROVEMENTS.

SECTION 2.  24­68­103, Colorado Revised Statutes, is amended to read:

24­68­103.  Vested property right ­ establishment ­ waiver. (1) (a)  EACH LOCAL GOVERNMENT SHALL SPECIFICALLY IDENTIFY, BY ORDINANCE OR RESOLUTION, THE TYPE OR TYPES OF SITE SPECIFIC DEVELOPMENT PLAN APPROVALS WITHIN THE LOCAL GOVERNMENT'S JURISDICTION THAT WILL CAUSE PROPERTY RIGHTS TO VEST AS PROVIDED IN THIS ARTICLE. ANY SUCH ORDINANCE OR RESOLUTION SHALL BE CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE. EFFECTIVE JANUARY 1, 2000, IF A LOCAL GOVERNMENT HAS NOT ADOPTED AN ORDINANCE OR RESOLUTION PURSUANT TO SECTION 24­68­102 (4) SPECIFYING WHAT CONSTITUTES A SITE SPECIFIC DEVELOPMENT PLAN THAT WOULD TRIGGER A VESTED PROPERTY RIGHT, THEN RIGHTS SHALL VEST UPON THE APPROVAL OF ANY PLAN, PLAT, DRAWING, OR SKETCH, HOWEVER DENOMINATED, THAT IS SUBSTANTIALLY SIMILAR TO ANY PLAN, PLAT, DRAWING, OR SKETCH LISTED IN SECTION 24­68­102 (4).

(b)  A vested property right shall be deemed established with respect to any property upon the approval, or conditional approval, of a site specific development plan, following notice and public hearing, by the local government in which the property is situated.

(c)  Such A vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan including any amendments thereto. A local government may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such conditional approval shall result in a vested property right; although EXCEPT THAT SUCH RIGHT IS SUBJECT TO FORFEITURE UPON THE LANDOWNER'S failure to SUBSTANTIALLY abide by such THE SPECIFIED terms and conditions. will result in a forfeiture of vested property rights. A site specific development plan shall be deemed approved upon the effective date of the local government legal action, resolution, or ordinance relating thereto. Such approval shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication, in a newspaper of general circulation within the jurisdiction of the local government granting the approval, of a notice advising the general public of the site specific development plan approval and creation of a vested property right pursuant to this article. Such publication shall occur no later than fourteen days following approval.

(2)  Zoning that is not part of a site specific development plan shall not result in the creation of vested property rights.

(3)  A LOCAL GOVERNMENT SHALL NOT REQUIRE A LANDOWNER TO WAIVE A VESTED PROPERTY RIGHT AS A CONDITION OF RECEIVING APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN.

(4)  APPROVAL BY A LOCAL GOVERNMENT OF A SITE SPECIFIC DEVELOPMENT PLAN SUPERSEDES ANY PREVIOUSLY APPROVED SITE SPECIFIC DEVELOPMENT PLAN FOR THE SUBJECT PROPERTY AND CREATES A NEW VESTED PROPERTY RIGHT.

SECTION 3.  24­68­104 (1), Colorado Revised Statutes, is amended, and the said 24­68­104 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

24­68­104.  Vested property right ­ duration ­ termination. (1)  A property right which THAT has been vested as provided for in this article shall remain vested for a period of three years FOLLOWING APPROVAL OF THE SITE SPECIFIC DEVELOPMENT PLAN. This vesting period shall not be extended by any amendments to a site specific development plan unless expressly authorized by the local government.

(4)  A VESTED PROPERTY RIGHT TERMINATES AT THE END OF THE PERIOD SPECIFIED UNDER SUBSECTION (1) OF THIS SECTION UNLESS EXTENDED BY THE LOCAL GOVERNMENT. AN UNEXPIRED BUILDING PERMIT ISSUED FOR PROPERTY SUBJECT TO A VESTED PROPERTY RIGHT SHALL NOT EXPIRE OR BE REVOKED DUE TO THE EXPIRATION OF A VESTED PROPERTY RIGHT.

SECTION 4.  The introductory portion to 24­68­105 (1) and 24­68­105 (1) (c) and (2), Colorado Revised Statutes, are amended, and the said 24­68­105 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

24­68­105.  Subsequent regulation prohibited ­ exceptions. (1)  A vested property right, once established as provided in this article, precludes IS NOT SUBJECT TO any zoning ACTION or CLASSIFICATION, land use action, BUILDING PERMIT LIMITATION, OR OTHER MORATORIUM OR LIMITATION ON PERMITS OR APPROVALS by a local government or pursuant to an initiated measure which THAT TAKES EFFECT AFTER APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN AND THAT would alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of the property as set forth in a THE site specific development plan OR IMPOSE A MORATORIUM OR LIMITATION ON DEVELOPMENT, except:

(c)  To the extent that the affected landowner receives just compensation for EQUAL TO THE AMOUNT THE LANDOWNER EXPENDED IN OBTAINING THE VESTED PROPERTY RIGHT OR IN REASONABLE RELIANCE ON THE EXISTENCE OF THE VESTED PROPERTY RIGHT, INCLUDING, BUT NOT LIMITED TO, all costs, expenses, and liabilities incurred by the landowner after approval by the governmental entity, including, but not limited to, costs incurred in preparing the site for development consistent with the site specific development plan, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultants' fees, together with interest thereon at the legal rate until paid. Just compensation shall not include PROSPECTIVE BUSINESS LOSSES OR any diminution in the value of the property which THAT is caused by such action.

(1.5)  REASONABLE RELIANCE ON THE VESTED PROPERTY RIGHT MAY BE ESTABLISHED BY FACTORS THAT INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:

(a)  THE LANDOWNER'S PAYMENT OF MONEY OR OTHER CONSIDERATION, OTHER THAN REASONABLE APPLICATION FEES, TO THE LOCAL GOVERNMENT AS A REQUIREMENT OF LAW OR CONDITION TO THE APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN;

(b)  THE LANDOWNER'S DEDICATION, CONVEYANCE, OR TRANSFER TO THE LOCAL GOVERNMENT OF ANY LAND OR OTHER PROPERTY AS A REQUIREMENT OF LAW OR CONDITION TO THE APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN;

(c)  THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE LANDOWNER AND A LOCAL GOVERNMENT VESTING A SITE SPECIFIC DEVELOPMENT PLAN; OR

(d)  THE RECEIPT BY A LOCAL GOVERNMENT FROM THE LANDOWNER OR THE LANDOWNER'S AGENT, PURSUANT TO A REQUEST BY THE LOCAL GOVERNMENT, OF ANY BOND, LETTER OF CREDIT, OR CASH OR OTHER SECURITY AS TO WHICH THE LOCAL GOVERNMENT IS A BENEFICIARY FOR THE PURPOSE OF ENSURING THE CONSTRUCTION OF PUBLIC IMPROVEMENTS OR OTHER IMPROVEMENTS REQUIRED BY THE LOCAL GOVERNMENT.

(2)  The establishment of a vested property right shall not preclude the application of ordinances or regulations which THAT are general in nature and are applicable to all property subject to land use regulation by a local government, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes AND SIMILAR REGULATIONS THAT PROMOTE AND PROTECT THE HEALTH AND SAFETY OF THE PUBLIC.

SECTION 5.  24­68­106 (2) and (4), Colorado Revised Statutes, are amended, and the said 24­68­106 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

24­68­106.  Miscellaneous provisions. (2)  A vested property right arising while one local government has jurisdiction over all or part of the property included within a site specific development plan shall be effective against any other local government which THAT may subsequently obtain or assert jurisdiction over such property. A VESTED PROPERTY RIGHT PREVIOUSLY ESTABLISHED SHALL NOT BE IMPAIRED BY A SUBSEQUENT ORDINANCE OR RESOLUTION ADOPTED WITHIN THE JURISDICTION IN WHICH THE PROPERTY IS SITUATED.

(4)  This article shall apply only to site specific development plans approved on or after January 1, 1988.

(5)  THIS ARTICLE SHALL NOT BE CONSTRUED TO PROHIBIT A LOCAL GOVERNMENT FROM ESTABLISHING VESTED PROPERTY RIGHTS IN ADDITION TO THOSE ESTABLISHED PURSUANT TO THIS ARTICLE.

SECTION 6.  31­11­106 (3) (b), Colorado Revised Statutes, is amended to read:

31­11­106.  Form of petition sections. (3) (b) (I)  A summary of the proposed initiative or ordinance that is the subject of a referendum petition shall be printed following the warning on each page of a petition section. The summary shall be true and impartial and shall not be an argument, or likely to create prejudice, either for or against the measure. The summary shall be prepared by the clerk.

(II)  IN THE CASE OF AN INITIATIVE OR ORDINANCE CONCERNING THE ZONING, DEVELOPMENT, OR SUBDIVISION OF PRIVATE LAND, THE SUMMARY SHALL CONTAIN A STATEMENT OF THE REASONABLY ANTICIPATED COST OF REIMBURSING THE LANDOWNER FOR EXPENSES AS REQUIRED BY SECTION 24­68­105 (1) (c) OR 24­69­105 (1) (c), C.R.S.

SECTION 7.  Title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 69

Vested Property Rights in Small Counties

24­69­101.  Legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT:

(a)  THE CONCERNS AND CHALLENGES ADDRESSED BY SMALL COMMUNITIES ARE MATERIALLY DIFFERENT FROM THOSE ADDRESSED BY LARGER COMMUNITIES WITH REGARD TO VESTED PROPERTY RIGHTS. THEREFORE, IT IS APPROPRIATE TO TREAT SMALL AND LARGE COMMUNITIES DIFFERENTLY. BY ENACTING THIS ARTICLE, THE GENERAL ASSEMBLY INTENDS THAT THE EXISTING LAWS GOVERNING VESTED PROPERTY RIGHTS, AS CONTAINED IN ARTICLE 68 OF THIS TITLE, CONTINUE TO APPLY TO LARGER COMMUNITIES WHILE THE MORE COMPREHENSIVE PROVISIONS OF THIS ARTICLE APPLY TO SMALLER COMMUNITIES.

(b)  IT IS NECESSARY AND DESIRABLE, AS A MATTER OF PUBLIC POLICY, TO PROVIDE FOR THE ESTABLISHMENT OF VESTED PROPERTY RIGHTS IN ORDER TO ENSURE REASONABLE CERTAINTY, STABILITY, AND FAIRNESS IN THE LAND USE PLANNING PROCESS AND IN ORDER TO STIMULATE ECONOMIC GROWTH, SECURE THE REASONABLE INVESTMENT­BACKED EXPECTATIONS OF LANDOWNERS, AND FOSTER COOPERATION BETWEEN THE PUBLIC AND PRIVATE SECTORS IN THE AREA OF LAND USE PLANNING.

(c)  THE ABILITY OF A LANDOWNER TO OBTAIN A VESTED PROPERTY RIGHT AFTER LOCAL GOVERNMENTAL APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN WILL PRESERVE THE PREROGATIVES AND AUTHORITY OF LOCAL GOVERNMENT WITH RESPECT TO LAND USE MATTERS, WHILE PROMOTING THOSE AREAS OF STATEWIDE CONCERN DESCRIBED IN PARAGRAPH (b) OF THIS SUBSECTION (1).

(d)  THE ESTABLISHMENT OF VESTED PROPERTY RIGHTS WILL PROMOTE THE GOALS SPECIFIED IN THIS SUBSECTION (1) IN A MANNER CONSISTENT WITH SECTION 3 OF ARTICLE II OF THE STATE CONSTITUTION, WHICH GUARANTEES TO EACH PERSON THE INALIENABLE RIGHT TO ACQUIRE, POSSESS, AND PROTECT PROPERTY, AND IS THEREFORE DECLARED TO BE A MATTER OF STATEWIDE CONCERN.

24­69­102.  Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "LANDOWNER" MEANS ANY OWNER OF A LEGAL OR EQUITABLE INTEREST IN REAL PROPERTY, AND INCLUDES THE HEIRS, SUCCESSORS, AND ASSIGNS OF SUCH OWNERSHIP INTERESTS.

(2)  "LOCAL GOVERNMENT" MEANS ANY COUNTY OR CITY AND COUNTY WITH FIFTY THOUSAND OR FEWER INHABITANTS, AS DETERMINED BY THE MOST RECENTLY AVAILABLE FEDERAL CENSUS DATA, AND ANY STATUTORY OR HOME RULE CITY OR TOWN WITHIN SUCH A COUNTY, ACTING THROUGH ITS GOVERNING BODY OR ANY BOARD, COMMISSION, OR AGENCY THEREOF HAVING FINAL APPROVAL AUTHORITY OVER A SITE SPECIFIC DEVELOPMENT PLAN, INCLUDING, WITHOUT LIMITATION, ANY LEGALLY EMPOWERED URBAN RENEWAL AUTHORITY.

(3)  "PROPERTY" MEANS ALL REAL PROPERTY SUBJECT TO LAND USE REGULATION BY A LOCAL GOVERNMENT.

(4)  "SITE SPECIFIC DEVELOPMENT PLAN" MEANS A PLAN THAT HAS BEEN SUBMITTED TO A LOCAL GOVERNMENT BY A LANDOWNER OR SUCH LANDOWNER'S REPRESENTATIVE DESCRIBING WITH REASONABLE CERTAINTY THE TYPE AND INTENSITY OF USE FOR A SPECIFIC PARCEL OR PARCELS OF PROPERTY. SUCH PLAN MAY BE IN THE FORM OF, BUT NEED NOT BE LIMITED TO, ANY OF THE FOLLOWING PLANS OR APPROVALS: A PLANNED UNIT DEVELOPMENT PLAN, A SUBDIVISION PLAT, A SPECIALLY PLANNED AREA, A PLANNED BUILDING GROUP, A GENERAL SUBMISSION PLAN, A PRELIMINARY OR GENERAL DEVELOPMENT PLAN, A CONDITIONAL OR SPECIAL USE PLAN, A DEVELOPMENT AGREEMENT, OR ANY OTHER LAND USE APPROVAL DESIGNATION AS MAY BE UTILIZED BY A LOCAL GOVERNMENT. WHAT CONSTITUTES A SITE SPECIFIC DEVELOPMENT PLAN UNDER THIS ARTICLE THAT WOULD TRIGGER A VESTED PROPERTY RIGHT SHALL BE FINALLY DETERMINED BY THE LOCAL GOVERNMENT EITHER PURSUANT TO ORDINANCE OR REGULATION OR UPON AN AGREEMENT ENTERED INTO BY THE LOCAL GOVERNMENT AND THE LANDOWNER, AND THE DOCUMENT THAT TRIGGERS SUCH VESTING SHALL BE SO IDENTIFIED AT THE TIME OF ITS APPROVAL. A VARIANCE SHALL NOT CONSTITUTE A SITE SPECIFIC DEVELOPMENT PLAN. "SITE SPECIFIC DEVELOPMENT PLAN" SHALL NOT INCLUDE A SKETCH PLAN AS DEFINED IN SECTION 30­28­101 (8), C.R.S., OR A PRELIMINARY PLAN AS DEFINED IN SECTION 30­28­101 (6), C.R.S.

(5)  "VESTED PROPERTY RIGHT" MEANS THE RIGHT TO UNDERTAKE AND COMPLETE THE DEVELOPMENT AND USE OF PROPERTY UNDER THE TERMS AND CONDITIONS OF A SITE SPECIFIC DEVELOPMENT PLAN.

24­69­103.  Vested property right ­ establishment. (1)  A VESTED PROPERTY RIGHT SHALL BE DEEMED ESTABLISHED WITH RESPECT TO ANY PROPERTY UPON THE APPROVAL, OR CONDITIONAL APPROVAL, OF A SITE SPECIFIC DEVELOPMENT PLAN, FOLLOWING NOTICE AND PUBLIC HEARING, BY THE LOCAL GOVERNMENT IN WHICH THE PROPERTY IS SITUATED. SUCH VESTED PROPERTY RIGHT SHALL ATTACH TO AND RUN WITH THE APPLICABLE PROPERTY AND SHALL CONFER UPON THE LANDOWNER THE RIGHT TO UNDERTAKE AND COMPLETE THE DEVELOPMENT AND USE OF SAID PROPERTY UNDER THE TERMS AND CONDITIONS OF THE SITE SPECIFIC DEVELOPMENT PLAN INCLUDING ANY AMENDMENTS THERETO. A LOCAL GOVERNMENT MAY APPROVE A SITE SPECIFIC DEVELOPMENT PLAN UPON SUCH TERMS AND CONDITIONS AS MAY REASONABLY BE NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE. SUCH CONDITIONAL APPROVAL SHALL RESULT IN A VESTED PROPERTY RIGHT, ALTHOUGH FAILURE TO ABIDE BY SUCH TERMS AND CONDITIONS WILL RESULT IN A FORFEITURE OF VESTED PROPERTY RIGHTS. A SITE SPECIFIC DEVELOPMENT PLAN SHALL BE DEEMED APPROVED UPON THE EFFECTIVE DATE OF THE LOCAL GOVERNMENT LEGAL ACTION, RESOLUTION, OR ORDINANCE RELATING THERETO. SUCH APPROVAL SHALL BE SUBJECT TO ALL RIGHTS OF REFERENDUM AND JUDICIAL REVIEW; EXCEPT THAT THE PERIOD OF TIME PERMITTED BY LAW FOR THE EXERCISE OF SUCH RIGHTS SHALL NOT BEGIN TO RUN UNTIL THE DATE OF PUBLICATION, IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE JURISDICTION OF THE LOCAL GOVERNMENT GRANTING THE APPROVAL, OF A NOTICE ADVISING THE GENERAL PUBLIC OF THE SITE SPECIFIC DEVELOPMENT PLAN APPROVAL AND CREATION OF A VESTED PROPERTY RIGHT PURSUANT TO THIS ARTICLE. SUCH PUBLICATION SHALL OCCUR NO LATER THAN FOURTEEN DAYS FOLLOWING APPROVAL.

(2)  ZONING THAT IS NOT PART OF A SITE SPECIFIC DEVELOPMENT PLAN SHALL NOT RESULT IN THE CREATION OF VESTED PROPERTY RIGHTS.

24­69­104.  Vested property right ­ duration ­ termination. (1)  A PROPERTY RIGHT THAT HAS BEEN VESTED AS PROVIDED FOR IN THIS ARTICLE SHALL REMAIN VESTED FOR A PERIOD OF THREE YEARS. THIS VESTING PERIOD SHALL NOT BE EXTENDED BY ANY AMENDMENTS TO A SITE SPECIFIC DEVELOPMENT PLAN UNLESS EXPRESSLY AUTHORIZED BY THE LOCAL GOVERNMENT.

(2)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, LOCAL GOVERNMENTS ARE HEREBY AUTHORIZED TO ENTER INTO DEVELOPMENT AGREEMENTS WITH LANDOWNERS PROVIDING THAT PROPERTY RIGHTS SHALL BE VESTED FOR A PERIOD EXCEEDING THREE YEARS WHERE WARRANTED IN LIGHT OF ALL RELEVANT CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE SIZE AND PHASING OF THE DEVELOPMENT, ECONOMIC CYCLES, AND MARKET CONDITIONS. SUCH DEVELOPMENT AGREEMENTS SHALL BE ADOPTED AS LEGISLATIVE ACTS SUBJECT TO REFERENDUM.

(3)  FOLLOWING APPROVAL OR CONDITIONAL APPROVAL OF A SITE SPECIFIC DEVELOPMENT PLAN, NOTHING IN THIS ARTICLE SHALL EXEMPT SUCH A PLAN FROM SUBSEQUENT REVIEWS AND APPROVALS BY THE LOCAL GOVERNMENT TO ENSURE COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE ORIGINAL APPROVAL, IF SUCH REVIEWS AND APPROVALS ARE NOT INCONSISTENT WITH SAID ORIGINAL APPROVAL.

24­69­105.  Subsequent regulation prohibited ­ exceptions. (1)  A VESTED PROPERTY RIGHT, ONCE ESTABLISHED AS PROVIDED IN THIS ARTICLE, PRECLUDES ANY ZONING OR LAND USE ACTION BY A LOCAL GOVERNMENT OR PURSUANT TO AN INITIATED MEASURE THAT WOULD ALTER, IMPAIR, PREVENT, DIMINISH, IMPOSE A MORATORIUM ON DEVELOPMENT, OR OTHERWISE DELAY THE DEVELOPMENT OR USE OF THE PROPERTY AS SET FORTH IN A SITE SPECIFIC DEVELOPMENT PLAN, EXCEPT:

(a)  WITH THE CONSENT OF THE AFFECTED LANDOWNER;

(b)  UPON THE DISCOVERY OF NATURAL OR MAN­MADE HAZARDS ON OR IN THE IMMEDIATE VICINITY OF THE SUBJECT PROPERTY, WHICH HAZARDS COULD NOT REASONABLY HAVE BEEN DISCOVERED AT THE TIME OF SITE SPECIFIC DEVELOPMENT PLAN APPROVAL, AND WHICH HAZARDS, IF UNCORRECTED, WOULD POSE A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE; OR

(c)  TO THE EXTENT THAT THE AFFECTED LANDOWNER RECEIVES JUST COMPENSATION FOR ALL COSTS, EXPENSES, AND LIABILITIES INCURRED BY THE LANDOWNER AFTER APPROVAL BY THE GOVERNMENTAL ENTITY, INCLUDING, BUT NOT LIMITED TO, COSTS INCURRED IN PREPARING THE SITE FOR DEVELOPMENT CONSISTENT WITH THE SITE SPECIFIC DEVELOPMENT PLAN, ALL FEES PAID IN CONSIDERATION OF FINANCING, AND ALL ARCHITECTURAL, PLANNING, MARKETING, LEGAL, AND OTHER CONSULTANTS' FEES, TOGETHER WITH INTEREST THEREON AT THE LEGAL RATE UNTIL PAID. JUST COMPENSATION SHALL NOT INCLUDE ANY DIMINUTION IN THE VALUE OF THE PROPERTY THAT IS CAUSED BY SUCH ACTION.

(2)  THE ESTABLISHMENT OF A VESTED PROPERTY RIGHT SHALL NOT PRECLUDE THE APPLICATION OF ORDINANCES OR REGULATIONS THAT ARE GENERAL IN NATURE AND ARE APPLICABLE TO ALL PROPERTY SUBJECT TO LAND USE REGULATION BY A LOCAL GOVERNMENT, INCLUDING, BUT NOT LIMITED TO, BUILDING, FIRE, PLUMBING, ELECTRICAL, AND MECHANICAL CODES.

24­69­106.  Miscellaneous provisions. (1)  AS USED IN THIS ARTICLE, THE TERM "DEVELOPMENT" INCLUDES REDEVELOPMENT.

(2)  A VESTED PROPERTY RIGHT ARISING WHILE ONE LOCAL GOVERNMENT HAS JURISDICTION OVER ALL OR PART OF THE PROPERTY INCLUDED WITHIN A SITE SPECIFIC DEVELOPMENT PLAN SHALL BE EFFECTIVE AGAINST ANY OTHER LOCAL GOVERNMENT THAT MAY SUBSEQUENTLY OBTAIN OR ASSERT JURISDICTION OVER SUCH PROPERTY.

(3)  NOTHING IN THIS ARTICLE SHALL PRECLUDE JUDICIAL DETERMINATION, BASED ON COMMON LAW PRINCIPLES, THAT A VESTED PROPERTY RIGHT EXISTS IN A PARTICULAR CASE OR THAT A COMPENSABLE TAKING HAS OCCURRED.

(4)  THIS ARTICLE SHALL APPLY ONLY TO SITE SPECIFIC DEVELOPMENT PLANS APPROVED ON OR AFTER SEPTEMBER 1, 1999.

SECTION 8.  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.".".

State, After consideration on the merits, the committee recommends that HB99-1194 be

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

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 5, line 25, strike "COUNCIL, IF ANY," and substitute "COUNCIL".

Page 6, line 1, strike "MAY" and substitute "SHALL".

Page 7, after line 26, insert the following:

"(c)  THE STATE PERSONNEL BOARD AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL SHALL JOINTLY DEVELOP CRITERIA FOR THE EVALUATION OF ANY PROGRAM AND PLAN DESCRIBED IN SUBSECTION (2) OF THIS SECTION.".

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

Veterans, referred favorably to the Committee of the Whole: HB99-1332

and Military

Affairs

Judiciary After consideration on the merits, the committee recommends that HB99-1360 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 31, after line 5, insert the following:

"SECTION 50.  10­4­716 (2), Colorado Revised Statutes, is amended to read:

10­4­716.  Self­insurers. (2)  The commissioner may, in his or her discretion, upon the application of such person, issue a certificate of self­insurance when the director COMMISSIONER is satisfied that such person is possessed and will continue to be possessed of ability to pay direct benefits as required under section 10­4­706 (1) (b) to (1) (e) and to pay any and all judgments that may be obtained against such person. Upon not less than five days' notice and a hearing pursuant to such notice, the commissioner may, upon reasonable grounds, cancel a certificate of self­insurance. Failure to pay any benefits under section 10­4­706 (1) (b) to (1) (e) or failure to pay any judgment within thirty days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self­insurance.

SECTION 51.  13­21­705, Colorado Revised Statutes, as enacted by Senate Bill 99­170, enacted at the First Regular Session of the Sixty­second General Assembly, is amended to read:

13­21­705.  Repeal. This article PART 7 is repealed, effective December 31, 2006.".

Renumber succeeding section accordingly.

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

riations referred favorably to the Committee of the Whole: SB99-236

Approp- After consideration on the merits, the committee recommends that SB99-208 be

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

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

SECTION 1.  42­4­310 (1) (a) (II) (A), Colorado Revised Statutes, is amended, and the said 42­4­310 (1) (a) (II) is further amended BY THE ADDITION OF THE FOLLOWING NEW SUB­SUBPARAGRAPHS, to read:

42­4­310.  Periodic emissions control inspection required. (1) (a) (II) (A)   If title to EXCEPT FOR TRANSACTIONS CONDUCTED PURSUANT TO SECTION 42-4-309 (6), NO SALE OR TRANSFER OF a roadworthy motor vehicle, as defined in section 42­6­102 (11), for which a certification of emissions compliance or emissions waiver must be obtained pursuant to this paragraph (a) is being transferred to a new owner, the new owner may require at the time of sale that the prior owner provide said certification as required for the county of residence of the new owner IS COMPLETE UNLESS THE SELLER DELIVERS TO THE BUYER A NEW CERTIFICATE OF EMISSIONS COMPLIANCE. THIS SUB­SUBPARAGRAPH (A) SHALL NOT APPLY TO THE SALE OF A MOTOR VEHICLE THAT IS INOPERABLE OR OTHERWISE CANNOT BE TESTED IN ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF REVENUE IF THE SELLER OF THE MOTOR VEHICLE PROVIDES A WRITTEN NOTICE TO THE PURCHASER PURSUANT TO THE REQUIREMENTS OF SECTION 42­4­310 (4).

(A.3)  IN AN ACTION TO ENFORCE RIGHTS UNDER SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (II), IN ADDITION TO ANY OTHER REMEDY OR DAMAGES, A PLAINTIFF SHALL BE ENTITLED TO REASONABLE ATTORNEY FEES, AND, IF IT IS SHOWN THAT THE DEFENDANT OR DEFENDANTS KNOWINGLY FAILED TO COMPLY WITH SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (II), IN ADDITION TO ANY OTHER REMEDY, THE PLAINTIFF SHALL BE ENTITLED TO DAMAGES EQUAL TO THREE TIMES THE COST OF THE EMISSIONS CERTIFICATE AND ANY REPAIRS NECESSARY TO OBTAIN THE EMISSIONS CERTIFICATE.

(A.7)  AT ALL LOCATIONS WHERE A PERSON MAY REGISTER A MOTOR VEHICLE, THE DEPARTMENT SHALL POST A SIGN NOTIFYING PERSONS OF THEIR RIGHTS UNDER THIS SUBPARAGRAPH (II).

SECTION 2.  12­6­104 (3) (k) (I), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUB­SUBPARAGRAPH to read:

12­6­104.  Board ­ oath ­ meetings ­ powers and duties. (3)  The board is authorized and empowered:

(k) (I)  To prescribe a form or forms to be used as a part of a contract for the sale of a motor vehicle by any motor vehicle dealer or motor vehicle salesperson, other than a retail installment sales contract subject to the provisions of the "Uniform Consumer Credit Code", articles 1 to 9 of title 5, C.R.S., which shall include the following information in addition to any other disclosures or information required by state or federal law:

(F)  EXCEPT FOR TRANSACTIONS CONDUCTED PURSUANT TO SECTION 42-4-309 (6), C.R.S., FOR ALL MOTOR VEHICLES SOLD WITHIN THE PROGRAM AREA AS DEFINED IN SECTION 42­4­304 (20), C.R.S., IN BOLD­FACED TYPE, OF THE SIZE SPECIFIED IN SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (I), A NOTIFICATION THAT THE DEALER IS RESPONSIBLE FOR DELIVERING TO THE PURCHASER OR TO THE DEPARTMENT OF REVENUE A NEW CERTIFICATE OF EMISSIONS CONTROL AND THAT IF THE DEALER FAILS TO DO SO THE PURCHASER MAY RESCIND THE SALE OR COLLECT AS DAMAGES THREE TIMES THE COST OF OBTAINING THE CERTIFICATE INCLUDING ANY REPAIR COSTS NECESSARY TO OBTAIN THE CERTIFICATE.

SECTION 3.  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.".

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

riations referred favorably to the Committee of the Whole: HB99-1102


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

riations referred favorably to the Committee of the Whole: HB99-1339


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

riations referred favorably to the Committee of the Whole: HB99-1351


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

riations referred favorably to the Committee of the Whole: HB99-1353


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

riations referred favorably to the Committee of the Whole: HB99-1359


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

riations referred favorably to the Committee of the Whole: HB99-1369


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

riations referred favorably to the Committee of the Whole: HB99-1377

Approp- After consideration on the merits, the committee recommends that HB99-1372 be

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

Amend reengrossed bill, page 18, strike lines 11 through 16, and substitute the following:

"SECTION 5. Appropriation - adjustments in 1999 long bill. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the governor's office, for allocation to the office of innovation and technology, for the fiscal year beginning July 1, 1999, the sum of one million five hundred sixty-five thousand seven hundred twenty-eight dollars ($1,565,728) and 9.0 FTE, or so much thereof as may be necessary, for the implementation of this act.

(2) For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1999, shall be adjusted as follows:

(a) The general fund appropriation to the department of personnel, for allocation to the information management commission, is reduced by one million five hundred sixty-two thousand two hundred fifty-six dollars ($1,562,256) and 9.0 FTE.

(b) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by three thousand four hundred seventy-two dollars ($3,472).

(c) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by three thousand four hundred seventy-two dollars ($3,472).".

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

Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: SB99-049

Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: SB99-108

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

Veterans, postponed indefinitely: SB99-149

and Military

Affairs

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

Veterans, postponed indefinitely: SB99-234

and Military

Affairs

MESSAGE FROM THE HOUSE:

April 29, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1380.

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

SB99-145, amended as printed in House Journal, April 28, pages 1523-1524;

SB99-203, amended as printed in House Journal, April 28, page 1525.

The House has passed on Third Reading and returns herewith SB99-219 and 224.

The House has voted to authorize the House conferees on the First Conference Committee on SB99-039 to consider matters not at issue between the two houses.

The House has voted to concur in the Senate amendments to HB99-1068 and 1355 and has repassed the bills as so amended.

The House has voted not to concur in the Senate amendments to HB99-1165 and requests that a conference committee be appointed. The Speaker has appointed Representatives Kaufman, chairman, Swenson, and Mace as House conferees on the First Conference Committee on HB99-1165. The bill is transmitted herewith.

The House has voted not to concur in the Senate amendments to HB99-1308 and requests that a conference committee be appointed. The Speaker has appointed Representatives Allen, chairman, Gotlieb, and Tupa as House conferees on the First Conference Committee on HB99-1308. The bill is transmitted herewith.


MESSAGE FROM THE REVISOR

April 29, 1999

We herewith transmit:

without comment, HB99-1380; and,

without comment, as amended, SB99-145 and 203.


INTRODUCTION OF BILL--FIRST READING

The following bill was read by title and referred to the committee indicated:

HB 99-1380 by Representatives Johnson, Alexander, Gagliardi, George, Gotlieb, Grossman, Kester, Larson, Lawrence, McKay, Miller, Smith, Spradley, Stengel, Swenson, Tochtrop, Webster, Young, and Zimmerman; also Senators Wattenberg, Chlouber, Dennis, Dyer, Hillman, Matsunaka, Musgrave, Nichol, Owen, Phillips, Powers, Reeves, and Teck--Concerning the youth licensing program within the wildlife commission.

Agriculture, Natural Resources, and Energy

APPOINTMENTS TO CONFERENCE COMMITTEES

HB 99-1165 by Rep. Kaufman; Sen. Dyer--Monitoring Diesel Fuel Fraud

The President appointed Senators Arnold, Chairman, Teck and Dyer as Senate Conferees on the First Conference Committee on HB99-1165

HB 99-1380 by Rep. Johnson; Senator Wattenberg--Hunting & Fishing Licenses For Youths.

The President appointed Senators Hillman, Chairman, Arnold and Matsunaka as Senate Conferees on the First Conference Committee on HB99-1380.

__________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, HB99-1364, 99-1280, 99-1370, 99-1366 were made Special Orders at 2:30 p.m.

__________________________

Committee The hour of 2:30 p.m. having arrived, Senator Teck moved that the Senate resolve

of the itself into Committee of the Whole for consideration of Special Orders and Senator

Whole Teck was called to the Chair to act as Chairman.

SPECIAL ORDERS--SECOND READING OF BILLS--2:30 P. M.

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

HB 99-1364 by Rep. Dean; Senator Sullivant--Photo Radar Devices

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, April 28, page 1032.)

Amendment No. 2, by Senator Sullivant

Amend Transportation Committee Amendment, as printed in Senate Journal, April 28, page 1032, line 64, strike "15" and substitute "8".

Amendment No. 3, by Senator Sullivant

Amend Transportation Committee Amendment, as printed in Senate Journal, April 28, page 1032, line 66, after "(d)" insert "(I)";

line 71, strike "AHEAD."." and substitute the following:

"AHEAD.

(II) THIS PARAGRAPH (d) SHALL NOT APPLY TO AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM DESIGNED TO DETECT VIOLATIONS FOR DISOBEDIENCE TO A TRAFFIC CONTROL DEVICE.".".

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

HB 99-1280 by Rep. McPherson; Senator Lamborn--Investment Recovery Act

Laid over until the General Orders calendar of Monday, May 3, retaining its place on the calendar.

HB 99-1370 by Rep. Larson; Senator Arnold--Add Vehicle Color To DMV Records

Laid over until the next Special Orders calendar of April 29, retaining its place on the calendar.

HB 99-1366 by Rep. Larson; Senator Arnold--Bolstering Child Safety

Laid over until the next Special Orders calendar of April 29, retaining its place on the

calendar.

_____________________________

Senator Blickensderfer moved that the Committee of the Whole rise, report progress and beg leave to sit again. A majority of those elected to the Senate having voted in the affirmative, the motion was adopted.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Teck, 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:

HB99-1364 as amended, declared passed on Second Reading.

HB991370, 99-1366 laid over until the next Special Orders calendar of April 29, retaining

their place.

HB99-1280 laid over until the General Orders calendar of Monday, May 3, retaining its

place.


Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

COMMITTEE OF REFERENCE REPORTS

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

portation postponed indefinitely: SB99-235


Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under

Natural consideration and has had a hearing on the following appointment and recommends that

Resources the appointment be confirmed:

and Energy

COAL MINE BOARD OF EXAMINERS

for a term expiring July 1, 2000:

Trent A. Peterson of Marvel, Colorado, to serve as a engineer experienced in coal mining and to fill a vacancy occasioned by the resignation of James R. Hake, appointed.

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

Natural referred to the Senate for final action: HJR99-1018

Resources

and Energy

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

Natural referred to the Senate for final action: HJR99-1037

Resources

and Energy

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

Natural referred to the Senate for final action: HJR99-1046

Resources

and Energy

MESSAGE FROM THE HOUSE:

April 29, 1999

Mr. President:

The House has voted to concur in the Senate amendments to HB99-1356 and has repassed the bills as so amended.

The House has adopted the First Report of the First Conference Committee on

SB99-099, as printed in House Journal, April 28, pages 1514-1515, and has repassed the bill as so amended. The bill is returned herewith.

The House has postponed indefinitely SJR99-047. The bill is returned herewith.



FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99-099

*****************************

THIS REPORT AMENDS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99-099, concerning the regulation of real estate professionals, and, in connection therewith, extending the real estate division and the real estate commission, has met and reports that it has agreed upon the following:

That the Senate accede to the House amendments made to the bill, as said amendments appear in the rerevised bill, with the following change:

Amend rerevised bill, page 3, line 13, strike "TRANSPORTATION." and substitute "TRANSPORTATION, SO LONG AS SUCH PERSON, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, OR CORPORATION INCLUDING ANY EMPLOYEE OR AUTHORIZED AGENT THEREOF DOES NOT REPRESENT ANY DISPLACED PERSON OR ENTITY AS AN AGENT THEREOF IN THE PURCHASE, SALE, OR EXCHANGE OF REAL ESTATE, OR AN INTEREST THEREIN, RESULTING FROM RESIDENTIAL OR COMMERCIAL RELOCATIONS REQUIRED UNDER ANY TRANSPORTATION PROJECT, REGARDLESS OF THE SOURCE OF PUBLIC FUNDING.".

Respectfully submitted,

Senate Committee: House Committee:

(Signed) (Signed)

Sen. Norma Anderson, Chair Rep. Jack Taylor, Chair

Sen. Dave Wattenberg Rep. Kenneth Kester

Sen. Stan Matsunaka Rep. Carl Miller

SIGNING OF BILLS

The President has signed: HB99-1088 and 1181.


On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Special Orders.

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SB99-236, 99-208, 99-232, HB99-1370, 99-1368, 99-1366, 99-1359, 99-1338 were made Special Orders at 5:17 p.m.

__________________________

Committee The hour of 5:17 p.m. having arrived, Senator Teck moved that the Senate resolve

of the itself into Committee of the Whole for consideration of Special Orders and Senator

Whole Teck was called to the Chair to act as Chairman.

SPECIAL ORDERS--SECOND READING OF BILLS--5:17 P. M.

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 99-236 by Sen. Wham; Rep. Lawrence--Cap Proj At Univ Of Co Health Sci Center

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

SB 99-208 by Sen. Martinez--Repeal Emissions Inspection On Sale

(Transportation Committee Amendment as printed in Senate Journal, April 9, page 728,

declared LOST on Second Reading.)

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 29, pages 1051-1052.)

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

SB 99-232 by Sen. Anderson; Rep. Spradley--Expenditures From State Historical Fund

(Amended in Special Orders as printed in Senate Journal, April 29, pages 1037-1038.)

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

HB 99-1370 by Rep. Larson; Senator Arnold--Add Vehicle Color To DMV Records

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

HB 99-1368 by Rep. Spradley; Senator Anderson--Real Estate Title Incentives

Laid over until Friday, April 30, retaining its place on the calendar.

HB 99-1366 by Rep. Larson; Senator Arnold--Bolstering Child Safety

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

HB 99-1359 by Rep. Allen; Senator Lacy--CATI Abolished Trans Functions To CCHE

Amendment No. 1, by Senator Lacy

Amend reengrossed bill, page 4, line 14, strike "INFORMATION" and substitute "TECHNOLOGY".

Page 7, line 6, strike "INFORMATION" and substitute "TECHNOLOGY".

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

HB 99-1338 by Rep. Tool; Senator Dennis--Auxiliary Facility Enterprise Financing

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

ROLL CALL VOTE ON SB99-208

SB 99-208 by Sen. Martinez--Repeal Emissions Inspection On Sale

Call of Call of Senate.

Senate

Call Raised.

On request of Senator Blickensderfer, the President ordered a roll call vote on SB99-208.

YES 25

NO 8

EXCUSED 1

ABSENT 1

Anderson
Y
Evans
Y
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
A

Arnold
N
Hernandez
Y
Owen
E
Teck
Y

Blickensderfer
N
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
N
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
N

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Teck, 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:

SB99-236, HB99-1370, 99-1366, 99-1338 declared passed on Second Reading.

SB99-208 as amended, 99-232 as amended, HB99-1359 as amended, declared passed

on Second Reading.

HB99-1368 laid over until the General Orders calendar of Friday, April 30, retaining

its place on the calendar.

COMMITTEE OF REFERENCE REPORTS

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB99-1345

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB99-1375

Local After consideration on the merits, the committee recommends that HB99-1336 be

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

Amend reengrossed bill, page 2, line 3, strike "(IV) (V)" and substitute "(IV)";

strike lines 8 and 9 and substitute the following:

"(II)  The market value of such securities must be at all times at least equal to the funds invested by the investing public entity.".

Renumber succeeding subparagraphs accordingly.

Page 2, line 18, strike "MAY EXCEED";

line 19, strike "FIVE YEARS IN MATURITY IF" and substitute "MUST BE".

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

Government postponed indefinitely: SB99-212


On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Thursday, April 29, was laid over until Friday, April 30, retaining its place on the calendar.

______________________________

On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Friday, April 30, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate