This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

91st Legislative Day Tuesday, April 7, 1998

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

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn

Roll Call Present--Total, 32.

Absent/Excused--Lamborn, Rupert, Wattenberg--Total, 3.

Present later--Rupert, Wattenberg.

Quorum The President announced a quorum present.

Reading of On motion of Senator Phillips, reading of the Journal of April 6th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly revised: 1401.

Services

Correctly enrolled: SB 98-31, 40, 66, 161.

To the governor for signature on Monday, April 6, 1998, at 1:45 p.m:

SB 98-7, 46, 51, 118, 124, 128, 173.

SIGNING OF BILLS

The President has signed: SB 98-3, 11, 12, 37, 45, 55, 70, 71, 119, 141.

SIGNING OF RESOLUTION

The President has signed: SJR 98-16.

MESSAGES FROM THE GOVERNOR

Appoint- Letters of designation and appointment from Governor Romer were read and assigned to

ments Committee as follows:

March 30, 1998

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

COLORADO CHILDREN'S

TRUST FUND BOARD

for a term expiring November 7, 2000:

Gerald G. Rivera of Alamosa, Colorado, to serve as a representative knowledgeable in the field of mental health, appointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 3/31/98

P. Dicks, Assistant Secretary

Committee on Health, Environment, Welfare and Institutions

March 30, 1998

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

STATE GRIEVANCE BOARD

for a term expiring July 1, 1999:

Scott S. Evans of Littleton, Colorado, to serve as a member of the general public and to fill a vacancy occasioned by the resignation of Edward D. Bronfin.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 3/31/98

P. Dicks, Assistant Secretary

Committee on Health, Environment, Welfare and Institutions

March 30, 1998

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

BOARD OF TRUSTEES OF THE

STATE COLLEGES IN COLORADO

for terms expiring July 1, 2001:

Alan B. Salazar of Thornton, Colorado, to fill a vacancy occasioned by the resignation of P. Cole Finegan, appointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 3/31/98

P. Dicks, Assistant Secretary

Committee on Education

March 30, 1998

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and resubmit to your consideration, the following:

GROUND WATER COMMISSION

for terms expiring May 1, 2002:

John B. Brownell of Hooper, Colorado, to serve as a farmer and a representative of Division Three, reappointed;

Anne J. Castle of Golden, Colorado, to serve as a representative of municipal and industrial users, reappointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 3/31/98

P. Dicks, Assistant Secretary

Committee on Agriculture, Natural Resources and Energy

March 30, 1998

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:

BOARD OF DIRECTORS OF THE

COLORADO COMPENSATION

INSURANCE AUTHORITY

for a term expiring January 1, 2003:

Roberto E. Zendejas of Colorado Springs, Colorado, to serve as an employee of an employer insured by the state compensation insurance authority, and to fill a vacancy occasioned by the resignation of Ernest L. Duran, Jr., appointed.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 3/31/98

P. Dicks, Assistant Secretary

Committee on Business Affairs and Labor


______________________________

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

______________________________

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

of the for consideration of General Orders and Senator Lacy 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:

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the majority, SB 98-180; HB 98-1203; SB 98-74, 98-167, 98-138, and 98-122, were advanced on the General Orders calendar.

______________________________

SB 98-180 by Sen. Schroeder; Rep. Adkins--Continued Implementation Of CICJS

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 23, page 539.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, March 27, page 624.)

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

SB 98-74 by Sen. Weddig; Rep. Hagedorn--Sales & Use Tax Exemption Coins

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

SB 98-167 by Sen. Feeley--Gulf War Syndrome Registry

Amendment No. 1, Appropriations Committee Amendment

(Printed in Senate Journal, April 3, page 689.)

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

SB 98-138 by Sen. Rizzuto; Rep. Entz--Termination Of Emergency Powers

Laid over until Wednesday, April 8, retaining its place on the calendar.

SB 98-122 by Sen. Schroeder; Rep. May--Communication & Information Resources

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 5, page 165.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, April 3, pages 689-690.)

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

HB 98-1203 by Rep. Smith; Sen. Perlmutter--Deceptive Practices Sale Manufact Homes

Laid over until Wednesday, April 8, retaining its place on the calendar.

______________________________

On motion of Senator Norton, and with a majority of those elected to the Senate having voted in the affirmative, SB 98-120; HB 98-1159; and SB 98-188, were advanced on the General Orders calendar.

______________________________

SB 98-120 by Sen. Ament--Include Part Of Weld County In RTD

Amendment No. 1, Transportation Committee Amendment

(Printed in Senate Journal, February 9, pages 190-191.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, March 27, page 624.)

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

HB 98-1159 by Rep. T. Williams; Senator Rizzuto--Employer App Workers' Comp Settlements

Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment

(Printed in Senate Journal, March 26, page 610.)

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

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, SB 98-188 was returned to its original position on the General Orders calendar.

______________________________


Senator Wells 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 Lacy, 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 98-74, declared passed on Second Reading.

SB 98-180 as amended, 98-167 as amended, 98-122 as amended, 98-120 as amended; HB 98-1159 as amended, declared passed on Second Reading.

SB 98-138; HB 98-1203, laid over until Wednesday, April 8, retaining their place on the calendar.

CONFERENCE COMMITTEES GRANTED FURTHER POWERS

HB 98-1224 by Rep. Lawrence; Senator Arnold--Bail Recovery

Senator Arnold moved that the Senate Conferees on the First Conference Committee on HB 98-1224 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.

HB 98-1207 by Rep. Lawrence; Senator Mutzebaugh--Transportation Of Prisoners

Senator Mutzebaugh moved that the Senate Conferees on the First Conference Committee on HB 98-1207 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.

HB 98-1059 by Rep. Gordon; Sen. Dennis--Traffic Violations In School Zones

Senator Dennis moved that the Senate Conferees on the First Conference Committee on HB 98-1059 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.

CAPITAL DEVELOPMENT REVIEW OF SB 98-191

SB 98-191 by Sen. Dennis; Rep. Entz--Upper Purgatoire Watershed Land Purchase

The Senate President announced that SB 98-191 would be referred to the Capital Development Committee for review before going to the Agricultural, Natural Resources and Energy and Appropriations Committees.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Conference Committee Reports.

______________________________

CONSIDERATION OF CONFERENCE COMMITTEE REPORTS

HB 98-1130 by Rep. Faatz; Senator Hopper--Crime Victims' Compensation

Senator Hopper moved for the adoption of the First Report of the First Conference Committee on HB 98-1130, printed in Senate Journal, March 30, page 650. The motion was adopted by the following roll call vote:


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

E

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

E

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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


YES 32


NO 0


EXCUSED 3


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

E

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

E

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, as amended, was declared REPASSED.



HB 98-1015 by Rep. Leyba; Senator Wham--Medication Administration Program

Senator Wham moved for the adoption of the First Report of the First Conference Committee on HB 98-1015, printed in Senate Journal, March 6, pages 695-696. The motion was adopted by the following roll call vote:


YES 33


NO 0


EXCUSED 2


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

E

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


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


YES 33


NO 0


EXCUSED 2


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

E

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, as amended, was declared REPASSED.

Co-sponsor added: Tebedo

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of HJR 98-1024, 98-1025 and 98-1018.

______________________________

CONSIDERATION OF RESOLUTIONS

HJR 98-1024 by Rep. Anderson; Senator Wells--General Assembly Deadline Schedule

(Printed in House Journal, March 30, pages 1101-1104 and as amended as printed in House Journal, March 31, pages 1128-1129.)

On motion of Senator Wells, the Resolution was ADOPTED by the following roll call vote:


YES 33


NO 0


EXCUSED 2


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

E

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


HJR 98-1025 by Rep. Anderson; Senator Wells--Budget Review by Committees

(Printed in House Journal, March 30, pages 1104-1105 and as amended as printed in House Journal, March 31, page 1129.)

On motion of Senator Wells, the Resolution was ADOPTED by the following roll call vote:



YES 33


NO 0


EXCUSED 2


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

E

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


Co-sponsors added: Congrove, Mutzebaugh, Norton, Schroeder, Thiebaut.

HJR 98-1018 by Rep. Hagedorn; Senator Schroeder--Concerning Taxation of Internet Services

(Printed in House Journal, March 17, pages 931-933.)

On motion of Senator Schroeder, the Resolution was ADOPTED by the following roll call vote:


YES 33


NO 0


EXCUSED 2


ABSENT 0


Alexander

Y

Feeley

Y

Mutzebaugh

YE

Tanner

Y

Ament

Y

Hernandez

Y

Pascoe

Y

Tebedo

Y

Arnold

Y

Hopper

Y

Perlmutter

Y

Thiebaut

Y

Bishop

YY

Johnson

Y

Phillips

Y

Wattenberg

Y

Blickensderfer

Y

Lacy

Y

Powers

Y

Weddig

Y

Chlouber

Y

Lamborn

E

Reeves

Y

Wells

Y

Coffman

Y

Linkhart

Y

Rizzuto

Y

Wham

Y

Congrove

Y

Martinez

Y

Rupert

E

Mr. President

Y

Dennis

Y

Matsunaka

Y

Schroeder

Y


Co-sponsors added: Mutzebaugh, Norton.

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

of the for consideration of General Orders and Senator Lacy 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:

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, SB 98-177 was advanced on the General Orders calendar.

______________________________

SB 98-177 by Sen. Lacy; Rep. Grampsas--PUC Telecom High Cost Fund Admin

Laid over until Wednesday, April 8, retaining its place on the calendar.

Senator Wells 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 Lacy, 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 98-177, laid over until Wednesday, April 8, retaining its place on the calendar.


Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

______________________________

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 Tuesday, April 7, was laid over until Wednesday, April 8, retaining its place on the calendar.

______________________________

COMMITTEE OF REFERENCE REPORTS

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

Affairs hearing on the following appointments and recommends that the appointments be

and Labor confirmed:

EXAMINING BOARD OF PLUMBERS

for terms expiring July 1, 2001:

John W. Hahn of Fort Collins, Colorado, to serve as a master plumber and as Republican, appointed;

Mark A. Beazley of Golden, Colorado, to serve as an employee of a local government agency conducting plumbing inspections and as a Democrat, reappointed;

Stephen C. Pierce of Denver, Colorado, to serve as a journeyman plumber and as a Democrat, reappointed;

Timothy D. Ryan of Loma, Colorado, to serve as a public at large member and as a Republican, appointed.

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

riations referred favorably to the Committee of the Whole: SB 98-154

Approp- After consideration on the merits, the committee recommends that SB 98-158 be

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

" Strike the Finance Committee amendment, as printed in Senate Journal, February 13, page 243, lines 15 through 52.

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

"SECTION 1.  39­22­119 (2), (3), and (4), Colorado Revised Statutes, are amended, and the said 39­22­119 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

39­22­119.  Expenses related to child care ­ credits against state tax. (1.5) (a)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, IF, FOR ANY INCOME TAX YEAR BEGINNING ON OR AFTER JANUARY 1, 1998, THE AMOUNT OF STATE REVENUES FOR THE STATE FISCAL YEAR ENDING IN THE IMMEDIATELY PRECEDING INCOME TAX YEAR EXCEEDED THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION AND THE VOTERS STATEWIDE DID NOT AUTHORIZE THE STATE TO RETAIN AND SPEND ALL OF THE EXCESS STATE REVENUES FOR THAT STATE FISCAL YEAR, THEN A RESIDENT INDIVIDUAL SHALL NOT BE ALLOWED A CREDIT FOR CHILD CARE EXPENSES UNDER SUBSECTION (1) OF THIS SECTION BUT SHALL BE ALLOWED CREDITS FOR EXPENSES RELATED TO CHILD CARE AS FOLLOWS:


SB 98-158


(Cont.)

(I)  A RESIDENT INDIVIDUAL WHO CLAIMS A CREDIT FOR CHILD CARE EXPENSES ON THE INDIVIDUAL'S FEDERAL TAX RETURN SHALL BE ALLOWED A CHILD CARE EXPENSES CREDIT AGAINST THE INCOME TAXES DUE ON THE INDIVIDUAL'S INCOME UNDER THIS ARTICLE IN AN AMOUNT EQUAL TO FIFTY PERCENT OF THE CREDIT FOR CHILD CARE EXPENSES CLAIMED ON THE INDIVIDUAL'S FEDERAL TAX RETURN; EXCEPT THAT SUCH CREDIT SHALL BE REDUCED BY THE AMOUNT OF ANY CREDIT CLAIMED UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH (a).

(II)  A RESIDENT INDIVIDUAL WHO CLAIMS A CHILD TAX CREDIT FOR ONE OR MORE QUALIFYING CHILDREN PURSUANT TO SECTION 24 OF THE INTERNAL REVENUE CODE ON THE INDIVIDUAL'S FEDERAL TAX RETURN SHALL BE ALLOWED A CHILD TAX CREDIT AGAINST THE INCOME TAXES DUE ON THE INDIVIDUAL'S INCOME UNDER THIS ARTICLE IN THE AMOUNT OF TWO HUNDRED DOLLARS FOR EACH QUALIFYING CHILD WHO IS FIVE YEARS OF AGE OR UNDER AT THE END OF THE TAXABLE YEAR FOR WHICH THE CREDIT IS CLAIMED.

(b)  A RESIDENT INDIVIDUAL WHOSE FEDERAL ADJUSTED GROSS INCOME IS SIXTY THOUSAND ONE DOLLARS OR MORE SHALL NOT BE ALLOWED A CREDIT UNDER THIS SUBSECTION (1.5).

(c)  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SUBSECTION (1.5), IF, FOR ANY INCOME TAX YEAR BEGINNING ON OR AFTER JANUARY 1, 1998, THE AMOUNT OF STATE REVENUES FOR THE STATE FISCAL YEAR ENDING IN THE IMMEDIATELY PRECEDING INCOME TAX YEAR EXCEEDED THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION AND THE VOTERS STATEWIDE DID NOT AUTHORIZE THE STATE TO RETAIN AND SPEND ALL OF THE EXCESS STATE REVENUES FOR THAT STATE FISCAL YEAR BUT THE TOTAL AMOUNT REQUIRED TO BE REFUNDED PURSUANT TO SECTION 20  (7) (d) OF ARTICLE X OF THE STATE CONSTITUTION IS LESS THAN THE TOTAL AMOUNT OF THE CREDITS THAT WOULD BE ALLOWED UNDER THIS SUBSECTION (1.5), THEN A RESIDENT INDIVIDUAL SHALL NOT BE ALLOWED ANY CREDIT UNDER THIS SUBSECTION (1.5) BUT SHALL BE ALLOWED A CREDIT UNDER SUBSECTION (1) OF THIS SECTION.

(2)  If the credit CREDITS allowed under subsection SUBSECTIONS (1) AND (1.5) of this section exceeds EXCEED the income taxes due on the resident individual's income, the amount of the credit CREDITS not used as an TO offset against income taxes may SHALL NOT be carried forward as a tax credit CREDITS against the resident individual's subsequent years' income tax liability for a period not exceeding five years and shall be applied first to the earliest years possible REFUNDED TO THE INDIVIDUAL.

(3)  The child care expenses credit CREDITS allowed under subsection SUBSECTIONS (1) AND (1.5) of this section shall not be allowed to a resident individual who is receiving child care assistance from the state department of human services except to the extent of the taxpayer's unreimbursed out­of­pocket expenses that result in a federal credit for child care expense.

(4)  In the case of a resident for part of a tax year, the credit CREDITS allowed by this section shall be apportioned in the ratio determined under section 39­22­110 (1).

SECTION 2. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of revenue, for allocation to the cash and document processing division, for the fiscal year beginning July 1, 1998, the sum of one thousand six hundred nineteen dollars ($1,619), or so much thereof as may be necessary, for the implementation of this act.

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.".

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



Approp- After consideration on the merits, the committee recommends that SB 98-29 be

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

Amend the Health, Environment, Welfare, and Institutions Committee amendment, as printed in Senate Journal, January 23, page 91, line 44, strike "THE";

line 45, strike "EFFECTIVE DATE OF THIS SUBSECTION (1)," and substitute "FISCAL YEAR 1999­2000,";

line 47, strike "2007­08" and substitute "2009­2010".

Approp- After consideration on the merits, the committee recommends that SB 98-62 be

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

Amend the Judiciary Committee amendment, as printed in Senate Journal, March 3, page 387, line 10, strike "THE DEPARTMENT OF HUMAN";

line 11, strike "SERVICES," and strike "AGENCY, OR A LICENSED" and substitute "AGENCY";

line 12, strike "CLINICAL SOCIAL WORKER".

Page 389, line 72, strike "DEVELOP A PUBLIC" and substitute "DESIGN AND IMPLEMENT EFFORTS WITHIN EXISTING APPROPRIATIONS TO ASSIST IN INFORMING THE PUBLIC ABOUT THE".

Page 390, strike line 1;

line 7, strike "THE PUBLIC";

line 8, strike "INFORMATION CAMPAIGN SHALL BE IMPLEMENTED" and substitute "SUCH EFFORTS SHALL BE IMPLEMENTED WITHIN EXISTING APPROPRIATIONS";

after line 62, insert the following:

"SECTION 6. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.".

Renumber succeeding sections accordingly.

Approp- After consideration on the merits, the committee recommends that SB 98-22 be

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

Amend printed bill, page 2, line 4, strike "____" and substitute "three hundred three thousand nine hundred sixteen";

line 5, strike "($       )" and substitute "($303,916)".

Approp- After consideration on the merits, the committee recommends that SB 98-68 be

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

Amend the Judiciary committee amendment, as printed in Senate Journal, February 23, page 323, strike line 39, and substitute the following:

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

"SECTION 1.  18­4­409, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:


SB 98-68


(Cont.)

18­4­409.  Motor vehicle theft. (5)  CONSISTENT WITH SECTION 18­1­202, WHERE MOTOR VEHICLE THEFT INVOLVES THE COMMISSION OF THEFT OF A MOTOR VEHICLE IN ONE JURISDICTION AND THE RECOVERY OF THE MOTOR VEHICLE IN ANOTHER JURISDICTION, PROSECUTION IS PROPER IN THE JURISDICTION WHERE THE THEFT OCCURRED, THE JURISDICTION THROUGH WHICH THE MOTOR VEHICLE WAS OPERATED OR TRANSPORTED, OR THE JURISDICTION IN WHICH THE MOTOR VEHICLE WAS RECOVERED.".

Renumber succeeding sections accordingly.

Page 2, line 3, strike "requires." and substitute";

strike lines 69 through 72, and substitute the following:

"(2)  of this section are present.".".

Page 324, strike lines 1 through 3;

line 43, strike "C.R.S.;"." and substitute "C.R.S.;";";

after line 43, insert the following:

"SECTION 5.  24­75­302 (2) (l), (2) (m), and (2) (n), Colorado Revised Statutes, are amended, and the said 24­75­302 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

24­75­302.  Capital construction fund ­ capital assessment fees ­ calculation. (2)  As of July 1, 1988, and July 1 of each year thereafter through July 1, 2001, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24­75­201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:

(l)  On July 1, 1999, three hundred twenty­three thousand nine hundred ninety­eight dollars pursuant to H.B. 97­1186, enacted at the first regular session of the sixty­first general assembly, PLUS EIGHT HUNDRED TWELVE THOUSAND SIX HUNDRED DOLLARS PURSUANT TO S.B. 98­068, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY;

(m)  On July 1, 2000, one hundred eighty­four thousand ninety dollars pursuant to H.B. 97­1186, plus four hundred seventy­eight thousand six hundred thirty­four dollars pursuant to H.B. 97­1077, enacted at the first regular session of the sixty­first general assembly, PLUS EIGHT HUNDRED SIXTY­TWO THOUSAND SIX HUNDRED THIRTY­ONE DOLLARS PURSUANT TO S.B. 98­068, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY; and

(n)  On July 1, 2001, one hundred fifty­four thousand six hundred thirty­six dollars pursuant to H.B. 97­1186, plus nine hundred five thousand seven hundred twenty­three dollars pursuant to H.B. 97­1077, enacted at the first regular session of the sixty­first general assembly, PLUS FOUR HUNDRED FIFTY­NINE THOUSAND EIGHT HUNDRED NINETY­TWO DOLLARS PURSUANT TO S.B. 98­068, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY;

(o)  ON JULY 1, 2002, ONE HUNDRED TWENTY­FIVE THOUSAND SIX HUNDRED SIXTY DOLLARS PURSUANT TO S.B. 98­068, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY.";

after line 45, insert the following:

"Page 5, line 6, strike "98­___." and substitute "98­068.";

line 8, strike "98­___," and substitute "98­068,";

strike lines 10 through 17;

Reletter succeeding paragraphs accordingly.


SB 98-68


(Cont.)

Page 5, line 18, strike "(I)";

line 20, strike "GENERAL FUND" and substitute "CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24­75­302, C.R.S.,";

line 22, strike "____ DOLLARS ($ )." and substitute "EIGHT HUNDRED TWELVE THOUSAND SIX HUNDRED DOLLARS ($812,600).";

strike lines 23 through 26.

Page 6, line 3, strike "GENERAL FUND" and substitute "CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24­75­302, C.R.S.,";

line 4, strike "____ DOLLARS ($ )." and substitute "EIGHT HUNDRED SIXTY­TWO THOUSAND SIX HUNDRED THIRTY­ONE DOLLARS ($862,631).";

line 8, strike "____ DOLLARS ($ )." and substitute "TWO HUNDRED SEVENTY­ONE THOUSAND EIGHT HUNDRED SEVENTEEN DOLLARS ($271,817).";

line 11, strike "GENERAL FUND" and substitute "CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24­75­302, C.R.S.,";

line 13, strike "____ DOLLARS ($ )." and substitute "FOUR HUNDRED FIFTY­NINE THOUSAND EIGHT HUNDRED NINETY­TWO DOLLARS ($459,892).";

line 17, strike "____ DOLLARS ($ )." and substitute "FIVE HUNDRED SIXTY THOUSAND THREE HUNDRED SEVENTY DOLLARS ($560,370).";

line 20, strike "GENERAL FUND" and substitute "CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24­75­302, C.R.S.,";

line 21, strike "____ DOLLARS ($ )." and substitute "ONE HUNDRED TWENTY­FIVE THOUSAND SIX HUNDRED SIXTY DOLLARS ($125,660).";

line 25, strike "____ DOLLARS ($ )." and substitute "SEVEN HUNDRED FOURTEEN THOUSAND TWO HUNDRED FIVE DOLLARS ($714,205).";

strike line 26, and substitute the following:

"SECTION 7.  Effective date ­ applicability. (1)  This section and sections 1 and 8 of this act shall take effect July 1, 1998, and sections 2 through 6 of this act shall take effect July 1, 1999.

(2)  Sections 2 through 6 of this act shall apply to offenses committed on or after July 1, 1999.".

Page 7, strike lines 1 and 2.".

Approp- After consideration on the merits, the committee recommends that SB 98-152 be

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

Amend printed bill, page 2, strike lines 3 through 24, and substitute the following:

"(a)  CERTAIN STATES ARE IMPLEMENTING ELECTRIC INDUSTRY RESTRUCTURING AND RETAIL ELECTRIC COMPETITION. OTHER STATES ARE STUDYING THE ISSUE. IN ADDITION, THE UNITED STATES CONGRESS IS CONSIDERING THE ISSUE. THE GENERAL ASSEMBLY NEEDS TO BE THOROUGHLY PREPARED TO CONSIDER THE IMPLICATIONS OF ELECTRIC INDUSTRY RESTRUCTURING PROPOSALS ON THE CITIZENS, BUSINESSES, AND ECONOMY OF THE STATE.

(b)  BEFORE ANY CHANGES ARE MADE IN COLORADO'S EXISTING SYSTEM OF RETAIL ELECTRIC SERVICE REGULATION, AN OBJECTIVE ANALYSIS OF RETAIL ELECTRIC INDUSTRY RESTRUCTURING ISSUES SHOULD BE UNDERTAKEN IN ORDER TO EVALUATE ON AN IMPARTIAL BASIS THE POTENTIAL RISKS, BENEFITS, AND IMPACTS OF RESTRUCTURING ON ALL COLORADO CONSUMERS AND THE STATE AS A WHOLE.";


SB 98-152


(Cont.)

line 25, strike "(e)" and substitute "(c)".

Page 3, strike lines 5 and 6, and substitute the following:

"SECTION AS THE "PANEL", SHALL CONDUCT A STUDY TO ASSESS WHETHER RESTRUCTURING OF THE RETAIL ELECTRIC INDUSTRY IS IN THE BEST INTERESTS OF ALL CLASSES OF COLORADO ELECTRICITY CONSUMERS AND THE STATE AS A WHOLE. THE PANEL SHALL REPORT ITS";

line 9, strike "DECEMBER" and substitute "NOVEMBER";

after line 11, insert the following:

"(b)  THE PANEL SHALL SUBMIT AT LEAST ONE PROGRESS REPORT TO THE GENERAL ASSEMBLY NO LATER THAN DECEMBER 1, 1998. SUCH PROGRESS REPORT SHALL BE SUBMITTED TO THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL AND SHALL DESCRIBE THE ACTIVITIES OF THE PANEL, INCLUDING THE PARTICIPATION OF PANEL MEMBERS, THE MANNER IN WHICH THE PANEL IS ENCOURAGING PUBLIC PARTICIPATION, AND THE WORK PLAN OF THE PANEL THROUGH THE REMAINDER OF THE STUDY.";

line 12, strike "(b)" and substitute "(c)";

line 13, strike "AUGUST" and substitute "JULY";

line 18, strike "OCTOBER" and substitute "SEPTEMBER";

line 19, after the period, add "THE PANEL SHALL SOLICIT AND RECEIVE COMMENTS FROM MEMBERS OF THE PUBLIC. THE PANEL MAY DETERMINE THE MANNER IN WHICH SUCH COMMENTS ARE RECEIVED.";

strike lines 20 through 26.

Page 4, strike lines 1 through 19, and substitute the following:

"(d) (I)  THE DIRECTOR OF THE COMMISSION SHALL PROVIDE, FROM EXISTING RESOURCES, SUCH SERVICES AS THE PANEL MAY REQUEST, INCLUDING, WITHOUT LIMITATION:

(A)  CONSULTING SERVICES TO ASSIST THE PANEL IN COMPLETING THE STUDY; AND

(B)  EXPERT SERVICES TO ADDRESS STUDY ISSUES.

(II) (A)  THE DIRECTOR OF THE COMMISSION, WITH THE PANEL'S APPROVAL, MAY CONTRACT WITH PRIVATE PARTIES FOR THE PROVISION OF ANY OF THE SERVICES LISTED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (d) AS WELL AS ANY OTHER SERVICES REQUIRED BY THE PANEL AND MAY TAKE SUCH OTHER ACTIONS AS THE PANEL MAY DEEM NECESSARY TO FULFILL ITS RESPONSIBILITIES UNDER THIS SECTION. IN PARTICULAR, THE DIRECTOR IS HEREBY SPECIFICALLY AUTHORIZED, WITH THE PANEL'S APPROVAL, TO DRAW UPON THE RETAIL ELECTRICITY POLICY DEVELOPMENT FUND, CREATED IN SECTION 40­4­114, TO PAY PRIVATE PARTIES UNDER CONTRACT WITH THE DIRECTOR TO PROVIDE SUCH SERVICES.

(B)  DURING THE PERIOD OF THE STUDY, THE DIRECTOR OF THE COMMISSION MAY REQUEST, ON A CASE­BY­CASE BASIS, AND THE COMMISSION MAY GRANT, EXTENSIONS TO THE STATUTORILY DIRECTED TIMES FOR COMPLETION OF PROCEEDINGS BEFORE THE COMMISSION; EXCEPT THAT NO SUCH EXTENSIONS SHALL BE REQUESTED FOR PROCEEDINGS UNDER THIS SECTION.


SB 98-152


(Cont.)

(III)  THE DIRECTOR OF THE COMMISSION SHALL PROVIDE SUCH ADMINISTRATIVE ASSISTANCE, MEETING SPACE, AND OTHER NECESSARY FACILITIES AND SUPPORT SERVICES AS THE PANEL MAY REQUEST. IN PARTICULAR, THE DIRECTOR IS HEREBY SPECIFICALLY AUTHORIZED, WITH THE PANEL'S APPROVAL, TO DRAW UPON THE RETAIL ELECTRICITY POLICY DEVELOPMENT FUND, CREATED IN SECTION 40­4­114, TO AUGMENT THE COMMISSION'S ANNUAL BUDGET APPROPRIATION, AS REQUIRED, TO PAY FOR SERVICES REQUESTED BY THE PANEL, WHICH MAY INCLUDE, WITHOUT LIMITATION:

(A)  POSTAGE AND PRINTING;

(B)  ARRANGING FOR, COORDINATING, AND KEEPING RECORDS OF MEETINGS; AND

(C)  PREPARATION AND DISTRIBUTION OF STUDIES OR REPORTS.

(e)  ALL MEETINGS OF THE PANEL, INCLUDING MEETINGS OF ANY SUBCOMMITTEES CREATED BY THE PANEL, SHALL BE OPEN TO THE PUBLIC. THE PANEL AND ALL SUBCOMMITTEES SHALL PROVIDE AN OPPORTUNITY FOR PUBLIC COMMENT AT EACH MEETING. IF WRITTEN COMMENTS ARE SUBMITTED BY THE PUBLIC TO THE PANEL OR A SUBCOMMITTEE, THE WRITTEN COMMENTS SHALL BE MADE AVAILABLE TO ALL PANEL MEMBERS. THE PANEL SHALL INCLUDE A SUMMARY OF ALL TESTIMONY AND WRITTEN COMMENTS SUBMITTED TO THE PANEL IN THE REPORTS MADE BY THE PANEL PURSUANT TO THIS SECTION.

(f)  THE PANEL SHALL BE RESPONSIBLE FOR MEETING THE DEADLINES ESTABLISHED IN THIS SECTION AND FOR ISSUING A FINAL REPORT, WHICH SHALL ADDRESS EACH OF THE STUDY ISSUES DESCRIBED IN SUBSECTION (3) OF THIS SECTION. THE REPORT SHALL STATE WHETHER RESTRUCTURING OF THE RETAIL ELECTRIC INDUSTRY IS IN THE BEST INTERESTS OF ALL COLORADO ELECTRICITY CONSUMERS AND THE STATE AS A WHOLE. IF THE CONCLUSION IS THAT RESTRUCTURING IS IN THE BEST INTERESTS OF ALL COLORADO ELECTRICITY CONSUMERS, THE REPORT SHALL INDICATE HOW ALL CONSUMERS WILL BENEFIT FROM RESTRUCTURING AND SHALL ADDRESS THE MANNER IN WHICH RESTRUCTURING SHOULD BE IMPLEMENTED, INCLUDING THE TIMING OF IMPLEMENTATION.";

strike lines 21 through 26, and substitute "ISSUES SHALL INCLUDE:".

Strike pages 5 through 7.

Page 8, strike lines 1 though 10, and substitute the following:

"(a)  A COMPARISON OF COLORADO'S ELECTRIC RATES WITH THE RATES IN OTHER STATES;

(b)  AN ASSESSMENT OF WHETHER RETAIL COMPETITION IN ELECTRIC POWER SUPPLY CAN BE EXPECTED TO REDUCE OR INCREASE RATES FOR EACH CATEGORY OF ELECTRICITY CONSUMERS IN COLORADO, INCLUDING LOW­INCOME CONSUMERS OF ELECTRICITY, BOTH IN THE SHORT TERM AND IN THE LONG TERM;

(c)  AN IDENTIFICATION AND ASSESSMENT OF THE TYPES OF SAFEGUARDS DEEMED NECESSARY TO PROTECT CONSUMERS IN THE EVENT RETAIL COMPETITION IS INTRODUCED, INCLUDING ASSESSMENT OF IMPACTS ON LOW­INCOME CONSUMERS OF ELECTRICITY AND LOW­INCOME ENERGY ASSISTANCE PROGRAMS;

(d)  AN ASSESSMENT OF THE POTENTIAL IMPACTS OF MARKET­BASED RETAIL COMPETITION ON THE DEVELOPMENT OF RENEWABLE SOURCES OF ELECTRIC SUPPLY, ENERGY EFFICIENCY PROGRAMS, AND ENVIRONMENTAL ISSUES AND PROGRAMS, TOGETHER WITH ANY RECOMMENDATIONS TO ADDRESS SUCH POTENTIAL IMPACTS;

(e)  AN ANALYSIS OF THE EFFECTS RETAIL COMPETITION MAY HAVE ON THE AMOUNT AND COLLECTION OF TAXES, FEES, PAYMENTS IN LIEU OF TAXES AND FEES, AND OTHER REVENUES BY COLORADO'S TAXING AUTHORITIES, INCLUDING LOCAL GOVERNMENTS;

(f)  AN ASSESSMENT OF WHETHER COLORADO'S EXISTING ELECTRIC UTILITIES WILL INCUR STRANDED COSTS AND INVESTMENTS IF RETAIL COMPETITION IS INTRODUCED, THE ESTIMATED AMOUNTS OF ANY SUCH STRANDED COSTS AND INVESTMENTS, AND THE RECOMMENDED METHODS FOR TIMELY RECOVERY OF SUCH STRANDED COSTS AND INVESTMENTS THAT IS JUST AND REASONABLE TO BOTH CONSUMERS AND EXISTING UTILITIES;


SB 98-152


(Cont.)

(g)  AN ASSESSMENT OF THE ESTIMATED IMPACTS OF RETAIL COMPETITION ON THE REQUIREMENT OF UNIVERSAL SERVICE, INCLUDING THE AFFORDABILITY OF DISTRIBUTION SERVICE, AND ON THE RELIABILITY OF GENERATION SUPPLY AND TRANSMISSION SERVICE, INCLUDING THE CONTINUED AVAILABILITY OF COLORADO'S GENERATION RESOURCES FOR COLORADO CONSUMERS;

(h)  AN ASSESSMENT OF THE LIKELY EFFECTS THAT THE INTRODUCTION OF RETAIL COMPETITION MAY HAVE ON THE EMPLOYEES OF ELECTRIC UTILITIES;

(i)  AN ASSESSMENT OF THE LIKELY EFFECTS OF THE INTRODUCTION OF RETAIL COMPETITION ON RURAL COMMUNITIES, RURAL AREAS, AND RURAL CONSUMERS OF ELECTRICITY.

(3.5)  IN THE EVENT THE PANEL CONCLUDES THAT ELECTRIC INDUSTRY RESTRUCTURING IS IN THE BEST INTERESTS OF ALL CLASSES OF CONSUMERS AND THE STATE AS A WHOLE, IT SHALL INCLUDE IN ITS IMPLEMENTATION PLAN RECOMMENDATIONS FOR ADDRESSING THE ISSUES IDENTIFIED IN SUBSECTION (3) OF THIS SECTION AND, IN ADDITION, RECOMMENDATIONS FOR ADDRESSING THE FOLLOWING ISSUES:

(a)  LICENSING REQUIREMENTS FOR SUPPLIERS OF ELECTRIC ENERGY;

(b)  LOCAL CHOICE PARTICIPATION OPTIONS FOR COOPERATIVELY­OWNED AND MUNICIPALLY­OWNED UTILITIES;

(c)  MARKET POWER AND MEASURES TO MITIGATE SUCH MARKET POWER;

(d)  EXISTING LEGAL REQUIREMENTS THAT COULD IMPOSE UNFAIR COMPETITIVE DISADVANTAGES ON EXISTING PROVIDERS OF RETAIL ELECTRIC SERVICE;

(e)  TRANSITION ISSUES; AND

(f)  ANY OTHER ISSUE DEEMED APPROPRIATE BY THE PANEL.".

Page 11, line 14, strike "PUBLIC UTILITIES COMMISSION";

strike lines 15 through 17, and substitute the following:

"DIRECTOR OF THE COMMISSION SHALL PREPARE A BUDGET, FOR THE PANEL'S APPROVAL, ESTIMATING THE COSTS AND EXPENSES FOR MINISTERIAL SERVICES AS SET FORTH IN SECTION 40­4­114 (2) (d) (III) AND FOR EXPERT SERVICES NECESSARY TO ASSIST THE PANEL IN CONDUCTING THE EVALUATION STUDY AND PREPARING ITS REPORT. THE DIRECTOR SHALL ALSO PREPARE A WORK PLAN FOR THE PANEL'S APPROVAL, WHICH WORK PLAN SHALL INCLUDE RECOMMENDATIONS ON THE BUDGET AMOUNTS TO BE ALLOCATED TO THE VARIOUS STUDY ISSUES SET FORTH IN SUBSECTION (3) OF THIS SECTION AND THE RESOURCES AVAILABLE TO THE COMMISSION TO ADDRESS SUCH ISSUES.".

Page 12, line 2, strike "TO AUGMENT THE";

strike lines 3 through 10, and substitute the following:

"IN ACCORDANCE WITH THE PROVISIONS OF SECTION 40­4­113 (2) (d).".

line 12, strike "Appropriation. In" and substitute "Appropriation ­ adjustments in the 1998 long bill. (1) In";

line 17, strike "($271,994), and" and substitute "($271,994).";

strike lines 18 through 20, and substitute the following:

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


SB 98-152


(Cont.)

(a)  The appropriation made to the department of regulatory agencies, office of consumer counsel, program costs, is increased by fifty thousand dollars ($50,000). Said sum shall be out of reserves in the retail electricity policy development fund not otherwise appropriated and appropriated as cash funds exempt.

(b)  The appropriation made to the department of regulatory agencies, public utilities commission, personal services, is increased by one hundred eighty­six thousand dollars ($186,000). Said sum shall be out of reserves in the retail electricity policy development fund not otherwise appropriated and appropriated as cash funds exempt.

(c)  The appropriation made to the department of regulatory agencies, public utilities commission, operating expenses, is increased by one thousand six hundred twenty dollars ($1,620). Said sum shall be out of reserves in the retail electricity policy development fund not otherwise appropriated and appropriated as cash funds exempt.".

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

riations postponed indefinitely: SB 98-28

MESSAGE FROM THE HOUSE

April 7, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1398.

The House has passed on Third Reading and transmitted to the Revisor of Statutes SB98-142, amended as printed in House Journal, April 6, pages 1206-1207.

MESSAGE FROM THE REVISOR

April 7, 1998

We herewith transmit:

without comment, HB98-1398; and,

without comment, as amended, SB98-142.

APPOINTMENTS TO CONFERENCE COMMITTEES

HB 98-1305 by Rep. Grossman; Senator Wham--County Boundary Adjustments

The President appointed Senators Wham, Chairman, Wattenberg and Weddig as Senate Conferees on the First Conference Committee on HB 98-1305.

HB 98-1188 by Rep. Snyder; Sen. Wham--Fair Campaign Practices Act

The President appointed Senators Wham, Chairman, Powers and Weddig as Senate Conferees on the First Conference Committee on HB 98-1188.




TRIBUTES--A POINT OF INTEREST

Honoring James B. Cooley by Senator Bishop and Representative Schauer on behalf of all members of the General Assembly

Honoring Larry Kallenberger by Senators Bishop, Norton and Feeley and Representatives Entz and Miller

On motion of Senator Wells, the Senate adjourned until 9:02 a.m., Wednesday,

April 8, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate