House Journal, January 29
30 HB09-1076 be amended as follows, and as so amended, be referred to
31 the Committee on Appropriations with favorable
32 recommendation:
33
34 Amend printed bill, page 2, line 3, strike "amended" and substitute
35 "amended, and the said 8-73-110 (3) (a) is further amended BY THE
36 ADDITION OF A NEW SUBPARAGRAPH,".
37
38 Page 4, after line 16, insert the following:
39
40 "(IV) AN INDIVIDUAL'S WEEKLY BENEFIT AMOUNT SHALL NOT BE
41 REDUCED BY ANY AMOUNT OF A PRIMARY INSURANCE BENEFIT UNDER
42 TITLE II OF THE FEDERAL "SOCIAL SECURITY ACT" THAT HAS BEEN
43 CONTRIBUTED TO BY A BASE PERIOD EMPLOYER IF THE EMPLOYEE HAS
44 MADE CONTRIBUTIONS TO FEDERAL SOCIAL SECURITY.".
45
46

House Journal, February 17
17 Amendment No. 1, Business Affairs & Labor Report, dated
18 January 28, 2009, and placed in member's bill file; Report also printed in
20
21 As amended, ordered engrossed and placed on the Calendar for Third
22 Reading and Final Passage.
23

House Journal, February 6
35 HB09-1124 be amended as follows, and as so amended, be referred to
36 the Committee of the Whole with favorable
37 recommendation:
38
39 Amend printed bill, page 2, strike lines 2 through 4 and substitute the
40 following:
41
42 "SECTION 1. 24-6-402 (2) (d.5) (I) (B) and (3) (a) (II), Colorado
43 Revised Statutes, are amended to read:
44
45 24-6-402. Meetings - open to public - definitions. (2) (d.5) (I)
46 (B) If, in the opinion of the attorney who is representing the state public
47 body A GOVERNING BOARD OF A STATE INSTITUTION OF HIGHER
48 EDUCATION, INCLUDING THE REGENTS OF THE UNIVERSITY OF COLORADO,
49 and is in attendance at an executive session that has been properly
50 announced pursuant to paragraph (a) of subsection (3) of this section, all
51 or a portion of the discussion during the executive session constitutes a
52 privileged attorney-client communication, no record or electronic
53 recording shall be required to be kept of the part of the discussion that
54 constitutes a privileged attorney-client communication. The electronic
55 recording of said executive session discussion shall reflect that no further
56 record or electronic recording was kept of the discussion based on the
1 opinion of the attorney representing the state public body GOVERNING
2 BOARD OF A STATE INSTITUTION OF HIGHER EDUCATION, INCLUDING THE
3 REGENTS OF THE UNIVERSITY OF COLORADO, as stated for the record
4 during the executive session, that the discussion constituted a privileged
5 attorney-client communication, or the attorney representing the state
6 public body GOVERNING BOARD OF A STATE INSTITUTION OF HIGHER
7 EDUCATION, INCLUDING THE REGENTS OF THE UNIVERSITY OF COLORADO,
8 may provide a signed statement attesting that the portion of the executive
9 session that was not recorded constituted a privileged attorney-client
10 communication in the opinion of the attorney.
11
12 (3) (a) The".
13
14

House Journal, February 13
46 Amendment No. 1, State, Veterans, & Military Affairs Report, dated
47 February 5, 2009, and placed in member's bill file; Report also printed in
49
50 As amended, ordered engrossed and placed on the Calendar for Third
51 Reading and Final Passage.
52
53

House Journal, January 28
31 HB09-1126 be amended as follows, and as so amended, be referred to
32 the Committee on Finance with favorable
33 recommendation:
34
35 Amend printed bill, page 4, line 1, strike "THAT USES" and substitute
36 "WHOSE PRIMARY PURPOSE IS TO USE ENERGY FROM".

House Journal, April 23
28 HB09-1126 be amended as follows, and as so amended, be referred to
29 the Committee on Appropriations with favorable
30 recommendation:
31
32 Amend printed bill, page 2, strike line 19 and substitute the following:
33
34 "(b) FOR STATE FISCAL YEARS 2009-10 THROUGH 2013-14,".
35
36 Page 6, strike lines 6 and 7 and substitute the following:
37
38 "SECTION 5. Effective date - applicability. This act shall
39 apply to systems and components installed on or after January 1, 2009;
40 except that this act shall not take effect unless House Bill 09-____ is
41 enacted and becomes law.".
42
43

House Journal, April 28
21 HB09-1126 be amended as follows, and as so amended, be referred to
22 the Committee of the Whole with favorable
23 recommendation:
24
25 Amend the Finance Committee Report, dated April 22, 2009, page 1,
26 strike lines 4 through 7, and substitute the following:
27
28 "SECTION 5. Effective date - applicability. (1) This act shall
29 apply to systems and components installed on or after July 1, 2009.
30
31 (2) This act shall not take effect unless House Bill 09-1366 is
32 enacted and becomes law.".
33
34

House Journal, April 28
15 Amendment No. 1, Transportation & Energy Report, dated
16 January 27, 2009, and placed in member's bill file; Report also printed in
18
19 Amendment No. 2, Finance Report, dated April 22, 2009, and placed in
20 member's bill file; Report also printed in House Journal, April 23,
21 page 1417.
22
23 Amendment No. 3, Appropriations Report, dated April 28, 2009, and
24 placed in member's bill file; Report also printed in House Journal,
25 April 28.
26
27 Amendment No. 4, by Representative(s) Hullinghorst.
28
29 Amend printed bill, page 1, after line 1, insert the following:
30 "SECTION 1. Legislative declaration. (1) On November 6,
31 2006, the executive director of the department of revenue issued final
32 determination DD-598, in which the executive director concluded that
33 machinery used to produce electricity did not qualify for exemption from
34 sales and use tax under section 39-26-709, Colorado Revised Statutes, as
35 in effect prior to legislative amendments made in the 2007 legislative
36 session. Final determination DD-598 is inconsistent with final
37 determination DD-567, which was issued by the executive director on
38 February 5, 2001, and which concluded that certain machinery used in the
39 production of electricity qualified for the exemption from sales and use
40 tax under section 39-26-709, Colorado Revised Statutes.
41
42 (2) The general assembly is cognizant of pending litigation
43 concerning the scope of section 39-26-709, Colorado Revised Statutes,
44 as in effect prior to 2007. By enacting House Bill 09-1126, the general
59845 assembly does not intend to indicate whether final determination DD-
46 reflects the correct construction or interpretation of section 39-26-709,
47 Colorado Revised Statutes, or whether the final determination is a change
48 in policy. Furthermore, by enacting House Bill 09-1126, the general
49 assembly does not intend to indicate whether certain components
50 specified in section 2 of this act may already be exempt from sales and
51 use tax under section 39-26-709, Colorado Revised Statutes.".
52
53 Renumber succeeding sections accordingly.
54
55 As amended, ordered engrossed and placed on the Calendar for Third
56 Reading and Final Passage.

Senate Journal, May 1
After consideration on the merits, the Committee recommends that HB09-1126 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 3, line 13, strike "2013-14," and substitute
"2016-17,".

House Journal, February 6
16 HB09-1153 be amended as follows, and as so amended, be referred to
17 the Committee of the Whole with favorable
18 recommendation:
19
20 Amend printed bill, page 3, strike lines 16 through 18 and substitute the
21 following:
22
23 "SECTION, EACH ISSUE COMMITTEE SHALL REGISTER WITH THE
24 APPROPRIATE OFFICER WITHIN TEN CALENDAR DAYS OF ACCEPTING OR
25 MAKING A CONTRIBUTION OR EXPENDITURE IN EXCESS OF TWO";
26
27 line 27, after "ISSUE", insert "OR BALLOT QUESTION".
28
29 Page 4, line 17, after "ISSUE", insert "OR BALLOT QUESTION".
30
31 Page 5, line 1, after "ISSUE", insert "OR BALLOT QUESTION".
32
33

House Journal, February 13
34 Amendment No. 1, State, Veterans, & Military Affairs Report, dated
35 February 5, 2009, and placed in member's bill file; Report also printed in
37
38 Amendment No. 2, by Representative May.
39
40 Amend the State, Veterans, and Military Affairs Committee Report, dated
41 February 5, 2009, page 1, line 7, strike "QUESTION"." and substitute
42 "QUESTION";";
43
44 strike line 8 of the committee report and substitute the following:
45
46 "strike lines 24 through 27.
47
48 Page 5, strike lines 1 through 4 and substitute the following:
49 "(b) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF
50 THIS SUBSECTION (7), WHERE A MATTER CONCERNS A MUNICIPAL
51 ANNEXATION BROUGHT PURSUANT TO ARTICLE 12 OF TITLE 31, C.R.S., THE
52 MATTER SHALL NOT BE CONSIDERED TO BE A BALLOT ISSUE OR BALLOT
53 QUESTION FOR THE PURPOSE OF DETERMINING WHETHER AN ISSUE
54 COMMITTEE HAS BEEN FORMALLY ESTABLISHED, THEREBY NECESSITATING
55 COMPLIANCE WITH ANY DISCLOSURE AND REPORTING REQUIREMENTS OF
56 THIS ARTICLE AND ARTICLE XXVIII OF THE STATE CONSTITUTION, UNLESS
1 AND UNTIL THE FIRST NOTICE OF THE ANNEXATION ELECTION HAS BEEN
2 PUBLISHED IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION
3 31-12-112 (6), C.R.S.
4
5 SECTION 3. 31-12-112 (6), Colorado Revised Statutes, is
6 amended to read:
7
8 31-12-112. Election - annexation pursuant to election.
9 (6) Notice of such election shall be given by publication once a week for
10 four weeks in some newspaper of general circulation in the area and
11 published in the county in which such area is located or, if there is no
12 such newspaper in the county, in some newspaper of general circulation
13 published in an adjacent county. Additional notice shall be given by
14 posting a notice at each polling place. The said posting and first
15 newspaper publication shall be not less than four weeks preceding such
16 election. Such notice shall specify the time and place of such election,
17 shall contain a description of the boundaries of the area proposed to be
18 annexed, and shall state that a map or plat thereof is on file in the office
19 of the clerk of the district court in which such area, or a part thereof, is
20 located. and it SUCH NOTICE shall ALSO set forth the conditions and
21 requirements proposed by the governing body for annexation of the area,
22 AND IT SHALL INFORM THE PUBLIC THAT AN ISSUE COMMITTEE IS REQUIRED
23 BY LAW TO REGISTER WITH THE APPROPRIATE OFFICER PURSUANT TO
24 SECTION 1-45-108, C.R.S., WITHIN THREE CALENDAR DAYS OF ACCEPTING
25 OR MAKING A CONTRIBUTION OR EXPENDITURE IN EXCESS OF TWO
26 HUNDRED DOLLARS TO SUPPORT OR OPPOSE THE ANNEXATION QUESTION.
27
28 Renumber succeeding section accordingly.".
29
30 As amended, ordered engrossed and placed on the Calendar for Third
31 Reading and Final Passage.
32

Senate Journal, March 3
After consideration on the merits, the Committee recommends that HB09-1153 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.

Amend reengrossed bill, page 3, line 17, strike "TEN" and substitute
"FIVE".

Page 5, line 27, strike "TEN" and substitute "FIVE".


State,
Veterans, &
Military
Affairs

House Journal, March 12
44 HB09-1170 be amended as follows, and as so amended, be referred to
45 the Committee of the Whole with favorable
46 recommendation:
47
48 Amend printed bill, page 2, line 14, after the period, add "PARTICIPATING
49 IN A STRIKE SHALL INCLUDE REFUSAL TO CROSS THE PICKET LINE.";
50
51 line 15, after "(2)", insert "(a)";
52
53 strike lines 22 through 27.
54
55 Page 3, strike lines 1 through 9 and substitute the following:
56 "NORMAL OPERATIONS. THIS SECTION SHALL NOT APPLY IF THE EMPLOYEE
1 IS NOT PARTICIPATING IN, FINANCING, OR DIRECTLY INTERESTED IN THE
2 STRIKE AS AN INDIVIDUAL OR AS A MEMBER OF THE GRADE OR CLASS
3 INVOLVED IN THE STRIKE.
4
5 (b) IF THE INDIVIDUAL IS NOT A MEMBER OF A MULTI-EMPLOYER
6 BARGAINING UNIT AND THE UNEMPLOYMENT IS DUE TO A LOCKOUT, THE
7 INDIVIDUAL SHALL NOT BE DETERMINED INELIGIBLE FOR UNEMPLOYMENT
8 COMPENSATION BENEFITS UNLESS THE LOCKOUT RESULTS FROM THE
9 DEMANDS OF EMPLOYEES, AS DISTINGUISHED FROM AN EFFORT ON THE
10 PART OF THE EMPLOYER TO DEPRIVE THE EMPLOYEES OF SOME
11 ADVANTAGE THAT THEY ALREADY POSSESS.
12
13 (c) IF THE INDIVIDUAL IS A MEMBER OF A MULTI-EMPLOYER
14 BARGAINING UNIT AND THE UNEMPLOYMENT IS DUE TO A LOCKOUT THAT
15 WAS NOT INITIATED BECAUSE OF A STRIKE OR LABOR DISPUTE INVOLVING
16 A MULTI-EMPLOYER BARGAINING UNIT MEMBER, THE INDIVIDUAL SHALL
17 NOT BE DETERMINED INELIGIBLE FOR UNEMPLOYMENT COMPENSATION
18 BENEFITS UNLESS THE LOCKOUT RESULTS FROM THE DEMANDS OF
19 EMPLOYEES, AS DISTINGUISHED FROM AN EFFORT ON THE PART OF THE
20 EMPLOYER TO DEPRIVE THE EMPLOYEES OF SOME ADVANTAGE THAT THEY
21 ALREADY POSSESS.
22
23 (d) IF THE INDIVIDUAL IS A MEMBER OF A MULTI-EMPLOYER
24 BARGAINING UNIT AND THE UNEMPLOYMENT IS DUE TO A LOCKOUT THAT
25 WAS INITIATED BECAUSE OF A STRIKE OR LABOR DISPUTE INVOLVING A
26 MULTI-EMPLOYER BARGAINING UNIT MEMBER, THE INDIVIDUAL SHALL BE
27 INELIGIBLE FOR UNEMPLOYMENT COMPENSATION BENEFITS. FOR THE
28 PURPOSES OF THIS PARAGRAPH (d), A LOCKOUT SHALL CREATE A
29 REBUTTABLE PRESUMPTION THAT THE LOCKOUT WAS INITIATED BECAUSE
30 OF THE STRIKE OR LABOR DISPUTE.
31
32 (3) IF, IN ANY CASE, SEPARATE BRANCHES OF WORK THAT ARE
33 COMMONLY CONDUCTED AS SEPARATE BUSINESSES IN SEPARATE PREMISES
34 ARE CONDUCTED IN SEPARATE DEPARTMENTS OF THE SAME PREMISES,
35 EACH SUCH DEPARTMENT, FOR THE PURPOSES OF THIS SECTION, SHALL BE
36 DEEMED TO BE A SEPARATE FACTORY, ESTABLISHMENT, OR OTHER
37 PREMISES.";
38
39 strike lines 10 through 12 and substitute the following:
40
41 "SECTION 2. Act subject to petition - effective date. (1) This
42 act shall take effect July 1, 2010.
43
44 (2) However, if a referendum petition is filed against this act or
45 an item, section, or part of this act during the ninety-day period after final
46 adjournment of the general assembly that is allowed for submitting a
47 referendum petition pursuant to article V, section 1 (3) of the state
48 constitution, then the act, item, section, or part, shall not take effect unless
49 approved by the people at a biennial regular general election and shall
50 take effect on the date specified in subsection (1) or on the date of the
51 official declaration of the vote thereon by proclamation of the governor,
52 whichever is later.".
53
54

House Journal, March 17
50 Amendment No. 1, Business Affairs & Labor Report, dated
51 March 11, 2009, and placed in member's bill file; Report also printed in
53
54 As amended, ordered engrossed and placed on the Calendar for Third
55 Reading and Final Passage.
56
1 On motion of Representative Kerr A., the remainder of the General
2 Orders Calendar (HB09-1063, 1130, 1133, 1137, 1160, 1175, 1205, 1222,
3 1244) was laid over until March 20, retaining place on Calendar.

Senate Journal, April 1
After consideration on the merits, the Committee recommends that HB09-1170 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 4, strike lines 3 through 13 and substitute
the following:

"SECTION 2. Effective date. This act shall take effect July 1,
2009.

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.".

Finance

House Journal, March 2
5 HB09-1173 be amended as follows, and as so amended, be referred to
6 the Committee on Appropriations with favorable
7 recommendation:
8
9 Amend printed bill, page 9, line 20, strike "KNOWINGLY AND WILLINGLY";
10
11 line 23, strike "KNOWINGLY AND WILLINGLY".
12
13 Page 11, line 14, after the period, add "IF A PERSON FAILS TO FILE A
14 MEMORANDUM OR COPY OF THE INVOICE AS REQUIRED BY THIS
15 PARAGRAPH (a), THERE SHALL BE LEVIED AND COLLECTED A PENALTY FOR
16 THE FAILURE IN THE AMOUNT OF FIFTY DOLLARS PER DAY, OR PORTION
17 THEREOF, DURING WHICH THE FAILURE CONTINUES FOR EACH OMITTED
18 INVOICE FROM THE PREVIOUS CALENDAR MONTH. ANY MONEYS RECEIVED
19 PURSUANT TO THIS PARAGRAPH (a) SHALL BE REMITTED TO THE STATE
20 TREASURER FOR DEPOSIT IN THE TOBACCO TAX ENFORCEMENT CASH FUND
21 CREATED IN SECTION 39-28-107 (3) (c).".
22
23

House Journal, April 6
44 HB09-1173 be amended as follows, and as so amended, be referred to
45 the Committee of the Whole with favorable
46 recommendation:
47
48 Strike the Finance Committee Report, dated February 25, 2009, and
49 substitute the following:
50
51 "Amend printed bill, page 2, after line 1, insert the following:
52 "SECTION 1. 24-22-115 (2), Colorado Revised Statutes, is
53 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
54
55 24-22-115. Tobacco litigation settlement cash fund - health
56 care supplemental appropriations and overexpenditures account -
1 creation - repeal. (2) (g) (I) NOTWITHSTANDING ANY PROVISION OF THIS
2 SUBSECTION (2) TO THE CONTRARY, FOR THE STATE FISCAL YEAR 2009-10,
3 THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEYS FROM THE
4 TOBACCO SETTLEMENT DEFENSE ACCOUNT IN THE TOBACCO LITIGATION
5 SETTLEMENT CASH FUND FOR THE PURPOSES SET FORTH IN SECTION
6 39-28.5-105 (4) (b), C.R.S.
7
8 (II) THIS PARAGRAPH (g) IS REPEALED, EFFECTIVE JULY 1, 2011.".
9
10 Renumber succeeding sections accordingly.
11
12 Page 2, line 7, strike "39-28-116" and substitute "39-28-115";
13
14 line 8, strike "39-28.5-113." and substitute "39-28.5-112.".
15
16 Page 3, strike lines 1 through 10.
17
18 Renumber succeeding sections accordingly.
19
20 Page 3, strike lines 12 and 13 and substitute the following:
21
22 "amended to read:";
23
24 line 16, after "(1)", insert "(a)";
25
26 strike line 27.
27
28 Strike page 4.
29
30 Page 5, strike lines 1 through 7 and substitute the following:
31
32 "constitution. THE EXECUTIVE DIRECTOR MAY IMPOSE A CIVIL PENALTY
33 ON ANY PERSON, FIRM, LIMITED LIABILITY COMPANY, PARTNERSHIP, OR
34 CORPORATION FROM WHOM CIGARETTES HAVE BEEN CONFISCATED IN AN
35 AMOUNT THAT DOES NOT EXCEED TWENTY-FIVE CENTS PER CIGARETTE
36 SEIZED. ANY CIVIL PENALTIES RECEIVED PURSUANT TO THIS PARAGRAPH
37 (a) SHALL BE REMITTED TO THE STATE TREASURER FOR DEPOSIT IN THE
38 TOBACCO TAX ENFORCEMENT CASH FUND CREATED IN PARAGRAPH (b) OF
39 THIS SUBSECTION (1).";
40
41 line 8, strike "(c)" and substitute "(b)";
42
43 line 11, strike "(3) AND SECTIONS 39-28-306 (7) AND" and substitute "(1)
44 AND SECTION";
45
46 strike lines 18 through 21;
47
48 line 23, strike "THE FOLLOWING NEW";
49
50 line 24, strike "SECTIONS" and substitute "A NEW SECTION";
51
52 strike lines 25 through 27.
53
54 Strike page 6.
55
56 Page 7, strike lines 1 through 10;
1 line 11, strike "39-28-116." and substitute "39-28-115.";
2
3 strike lines 16 through 27;
4
5 Page 8, strike lines 1 through 10.
6
7 Renumber succeeding sections accordingly.
8
9 Page 8, line 13, after "(4)", insert "(a)";
10
11 after line 19, insert the following:
12
13 "(b) ANY EXPENSES INCURRED BY THE DEPARTMENT RELATED TO
14 ENFORCING PARAGRAPH (a) OF THIS SUBSECTION (4) SHALL BE PAID FROM
15 THE TOBACCO SETTLEMENT DEFENSE ACCOUNT, CREATED IN SECTION
16 24-22-115 (2) (a), C.R.S., FOR THE STATE FISCAL YEAR 2009-10, AND
17 FROM THE TOBACCO TAX ENFORCEMENT CASH FUND CREATED IN SECTION
18 39-28-107 (1) (b), FOR EACH STATE FISCAL YEAR THEREAFTER.".
19
20 Page 9, line 12, strike "(3) (c)," and substitute "(1) (b),";
21
22 line 20, strike "KNOWINGLY AND WILLINGLY";
23
24 line 23, strike "KNOWINGLY AND WILLINGLY".
25
26 Page 10, line 2, strike "(3) (c)." and substitute "(1) (b).";
27
28 line 4, strike "THE FOLLOWING NEW";
29
30 line 5, strike "SECTIONS" and substitute "A NEW SECTION"
31
32 strike lines 6 through 27;
33
34 Page 11, strike lines 1 through 19;
35
36 line 20, strike "39-28.5-113." and substitute "39-28.5-112.";
37
38 after line 24, insert the following:
39
40 "SECTION 9. Appropriation. (1) In addition to any other
41 appropriation, there is hereby appropriated, to the department of revenue,
42 for the fiscal year beginning July 1, 2009, out of any moneys in the
43 tobacco settlement defense account of the tobacco litigation settlement
44 cash fund created in section 24-22-115 (2) (a), Colorado Revised Statutes,
45 not otherwise appropriated, the sum of sixty-seven thousand five hundred
46 thirty-three dollars ($67,533) cash funds and 1.0 FTE, for the
47 implementation of this act.
48
49 (2) In addition to any other appropriation, there is hereby
50 appropriated to the department of law, for the fiscal year beginning July
51 1, 2009, the sum of seven thousand five hundred ten dollars ($7,510) and
52 0.1 FTE, or so much thereof as may be necessary, for the provision of
53 legal services to the department of revenue related to the implementation
54 of this act. Said sum shall be from reappropriated funds received from
55 the department of revenue out of the appropriation made in subsection (1)
56 of this section.".
1 Renumber succeeding section accordingly.
2
3 Page 1, line 102, strike "STATE." and substitute "STATE, AND MAKING AN
4 APPROPRIATION THEREFOR.".".
5
6

Senate Journal, April 24
After consideration on the merits, the Committee recommends that HB09-1173 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 7, line 14, strike "sixty-seven thousand five
hundred" and substitute "seventy-five thousand forty-three dollars
($75,043) cash funds and 0.8 FTE, for the";

strike line 15.
Appro-
priations

House Journal, March 13
9 HB09-1244 be amended as follows, and as so amended, be referred to
10 the Committee of the Whole with favorable
11 recommendation:
12
13 Amend printed bill, page 2, after line 5, insert the following:
14
15 "SECTION 2. Adjustments to the 2009 long bill. For the
16 implementation of this act, appropriations made in the annual general
17 appropriation act for the fiscal year beginning July 1, 2009, to the
18 department of regulatory agencies, public utilities commission, are
19 decreased by thirteen thousand nine hundred sixty-seven dollars
20 ($13,967) cash funds and 0.4 FTE. Said sum shall be from the public
21 utilities commission motor carrier fund created in section 40-2-110.5 (6),
22 Colorado Revised Statutes.".
23
24 Renumber succeeding section accordingly.
25
26 Page 1, line 103, strike "COMMISSION." and substitute "COMMISSION,
27 AND MAKING AN APPROPRIATION THEREFOR.".
28
29

House Journal, March 20
22 Amendment No. 1, Appropriations Report, dated March 13, 2009, and
23 placed in member's bill file; Report also printed in House Journal,
24 March 13, page 726.
25
26 Amendment No. 2, by Representative(s) Casso.
27
28 Amend printed bill, page 2, after line 5, insert the following:
29
30 "SECTION 2. 42-4-235 (4) (a), Colorado Revised Statutes, is
31 amended to read:
32
33 42-4-235. Minimum standards for commercial vehicles -
34 repeal. (4) (a) The department shall adopt rules and regulations for the
35 operation of all commercial vehicles. In adopting such rules, and
36 regulations, the department shall use as general guidelines the standards
37 contained in the current rules and regulations of the United States
38 department of transportation relating to safety regulations, qualifications
39 of drivers, driving of motor vehicles, parts and accessories, notification
40 and reporting of accidents, hours of service of drivers, inspection, repair,
41 and maintenance of motor vehicles, FINANCIAL RESPONSIBILITY,
42 INSURANCE, and employee safety and health standards. On and after
43 September 1, 2003, all commercial vehicle safety inspections conducted
44 to determine compliance with rules and regulations promulgated by the
45 department pursuant to this paragraph (a) shall be performed by an
46 enforcement official, as defined in section 42-20-103 (2), who has been
47 certified by the commercial vehicle safety alliance, or any successor
48 organization thereto, to perform level I inspections.".
49
50 Renumber succeeding section accordingly.
51
52 As amended, ordered engrossed and placed on the Calendar for Third
53 Reading and Final Passage.
54

House Journal, April 9
19 HB09-1298 be amended as follows, and as so amended, be referred to
20 the Committee of the Whole with favorable
21 recommendation:
22
23 Amend printed bill, page 2, line 6, after "(1)" insert "(a)";
24
25 line 7, strike "JANUARY 1, 2009," and substitute "JANUARY 1, 2011,".
26
27 Page 3, line 2, strike "MOTOR" and substitute "MODEL YEAR 2010 OR
28 NEWER";
29
30 strike line 3 and substitute "TRUCK TRACTOR WITH A GROSS VEHICLE
31 WEIGHT RATING OF TWENTY-SIX THOUSAND POUNDS OR GREATER
32 DESIGNATED";
33
34 strike line 5 and substitute the following:
35
36 "(a), C.R.S.
37
38 (b) THE TOTAL REFUND SHALL BE CALCULATED BY";
39
40 after line 9, insert the following:
41
42 "(c) THE TOTAL REFUND SHALL BE CLAIMED AS FOLLOWS:
43
44 (I) FOR THE CALENDAR YEAR IN WHICH THE TRUCK TRACTOR WAS
45 PURCHASED, STORED, OR USED, TEN PERCENT OF THE TOTAL AMOUNT OF
46 THE REFUND;
47
48 (II) FOR THE FIRST CALENDAR YEAR AFTER THE CALENDAR YEAR
49 IN WHICH THE TRUCK TRACTOR WAS PURCHASED, STORED, OR USED,
50 FIFTEEN PERCENT OF THE TOTAL AMOUNT OF THE REFUND;
51
52 (III) FOR THE SECOND CALENDAR YEAR AFTER THE CALENDAR
53 YEAR IN WHICH THE TRUCK TRACTOR WAS PURCHASED, STORED, OR USED,
54 TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF THE REFUND;
55
56 (IV) FOR THE THIRD CALENDAR YEAR AFTER THE CALENDAR YEAR
1 IN WHICH THE TRUCK TRACTOR WAS PURCHASED, STORED, OR USED,
2 TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF THE REFUND; AND
3
4 (V) FOR THE FOURTH CALENDAR YEAR AFTER THE CALENDAR YEAR
5 IN WHICH THE TRUCK TRACTOR WAS PURCHASED, STORED, OR USED,
6 TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF THE REFUND.".
7
8 Page 4, strike line 7 and substitute the following:
9
10 "JANUARY 1, 2011, BUT BEFORE JANUARY 1, 2016, A COMMERCIAL
11 TRUCK,";
12
13 line 10, strike "2008" and substitute "2010";
14
15 line 19, strike "2008" and substitute "2010";
16
17 line 23, strike "2009," and substitute "2011," and strike "ONE" and
18 substitute "ONE-HALF OF ONE";
19
20 line 26, strike "2010," and substitute "2012," and strike "TWO" and
21 substitute "ONE";
22
23 line 27, strike "AND".
24
25 Page 5, line 2, strike "2011," and substitute "2013," and strike "THREE"
26 and substitute "ONE AND ONE-HALF";
27
28 strike line 3 and substitute the following:
29
30 "INVESTMENT;
31
32 (D) FOR THE INCOME TAX YEAR COMMENCING ON JANUARY 1,
33 2014, AN AMOUNT EQUAL TO TWO PERCENT OF THE TOTAL QUALIFIED
34 INVESTMENT; AND
35
36 (E) FOR THE INCOME TAX YEAR COMMENCING ON JANUARY 1,
37 2015, AN AMOUNT EQUAL TO THREE PERCENT OF THE TOTAL QUALIFIED
38 INVESTMENT.";
39
40 line 16, strike "2013." and substitute "2017.".
41
42 Page 10, after line 3, insert the following:
43
44 "SECTION 5. Appropriation. In addition to any other
45 appropriation, there is hereby appropriated, out of any moneys in the
46 general fund not otherwise appropriated, to the office of the governor, for
47 allocation to the governor's energy office, for the fiscal year beginning
48 July 1, 2009, the sum of twenty-four thousand twenty-nine dollars
49 ($24,029) and 0.4 FTE, or so much thereof as may be necessary, for the
50 implementation of this act.".
51
52 Renumber succeeding section accordingly.
53
54 Page 1, line 102, strike "COLORADO." and substitute "COLORADO, AND
55 MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".
56

House Journal, April 14
13 Amendment No. 1, Appropriations Report, dated April 9, 2009, and
14 placed in member's bill file; Report also printed in House Journal, April 9,
15 pages 1138-1139.
16
17 Amendment No. 2, by Representative(s) McFadyen.
18
19 Amend printed bill, page 8, line 9, strike "42-4-1802, OR A SCRAP METAL
20 BUSINESS," and substitute "42-4-2201 (1), OR A SCRAP METAL RECYCLER,".
21
22 Page 9, after line 24, insert the following:
23
24 "SECTION 4. 42-4-2201, Colorado Revised Statutes, is amended
25 to read:
26
27 42-4-2201. Definitions. As used in this part 22, unless the
28 context otherwise requires:
29
30 (1) "AUTO PARTS RECYCLER" MEANS ANY PERSON THAT
31 PURCHASES MOTOR VEHICLES FOR THE PURPOSE OF DISMANTLING AND
32 SELLING THE COMPONENTS THEREOF AND THAT COMPLIES WITH ALL
33 FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
34
35 (1) (2) "Licensed motor vehicle dealer" means a motor vehicle
36 dealer that is licensed pursuant to part 1 of article 6 of title 12, C.R.S.
37
38 (2) (3) "Operator" means a person or a firm licensed by the public
39 utilities commission as a towing carrier.
40
41 (3) (4) "Recycling" means:
42
43 (a) Crushing or shredding a motor vehicle to produce scrap metal
44 that may be used to produce new products; or
45
46 (b) Dismantling a motor vehicle to remove reusable parts prior to
47 recycling the remainder of the vehicle.
48
49 (4) (5) "System" means the Colorado motor vehicle verification
50 system created in section 42-4-2203.".
51
52 Renumber succeeding sections accordingly.
53
54

Senate Journal, April 28
After consideration on the merits, the Committee recommends that HB09-1298 be
amended as follows, and as so amended, be referred to the Committee of the Whole
with favorable recommendation.
Amend reengrossed bill, page 11, strike lines 23 through 27.

Page 12, strike 1 and 2, and substitute the following:

"SECTION 6. No appropriation. The general assembly has
determined that sections 3, 4, and 5 of this act can be implemented
within existing appropriations, and therefore no separate
appropriation of state moneys is necessary to carry out the purposes
of sections 3, 4, and 5 of this act.

SECTION 7. Effective date. This act shall take effect upon
passage; except that sections 1 and 2 of this act shall take effect only
if House Joint Resolution 09-1024 is adopted by both houses of the
general assembly and the revisor of statutes has received written
notice from the executive director of the department of revenue that
additional revenue as a result of the implementation of the
recommendation in House Joint Resolution 09-1024 is being
collected.".

Renumber succeeding section accordingly.


Appro-
priations

Senate Journal, April 30
HB09-1298 by Representative(s) McFadyen and Gardner C., Liston, Rice, Solano; also Senator(s)
Mitchell, Heath, Scheffel, Schwartz--Concerning economic development for the trucking
industry in Colorado, and making an appropriation in connection therewith.

Amendment No. 1, Appropriations Committee Amendment.
(Printed in Senate Journal, April 28, page 1370 and placed in members' bill files.)

Amendment No. 2(L.017), by Senator Mitchell.
Amend the Appropriations Committee Report, dated April 28, 2009, page
1, strike lines 9 through 14 and substitute the following:

"passage; except that sections 1 and 2 of this act shall not take effect
unless a sustainable source of revenue has been identified for the
implementation of sections 1 and 2 of this act and the revisor of statutes
has received written notice from the executive director of the department
of revenue to that effect.".".

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

Senate Journal, January 16
After consideration on the merits, the Committee recommends that SB09-001 be referred
to the Committee of the Whole with favorable recommendation.
Amend printed bill, page 4, line 2, after "HOMEOWNERS,", insert "ELECTRIC, GAS, AND
WATER UTILITY PROVIDERS IN THE SUBJECT AREA,".
Page 5, line 18, after "DISTRICTS,", insert "ELECTRIC, GAS, AND WATER UTILITY PROVIDERS
IN THE SUBJECT AREA,".
Page 7, line 22, after "HOMEOWNERS,", insert "ELECTRIC, GAS, AND WATER UTILITY
PROVIDERS IN THE SUBJECT AREA,".
Page 9, line 23, after "CWPP", insert "OR AN EQUIVALENT PLAN".
Agriculture
and Natural
Resources

Senate Journal, February 20
After consideration on the merits, the Committee recommends that SB09-031 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend the Local Government and Energy Committee Report, dated
February 5, 2009, page 8, after line 15, insert the following:

"SECTION 3. Appropriation. In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
clean technology discovery evaluation cash fund created in section 24-
48.5-111 (5) (a), Colorado Revised Statutes, not otherwise appropriated,
to the office of the governor, economic development programs, for the
clean technology discovery evaluation grant program, for the fiscal year
beginning July 1, 2009, the sum of five million dollars ($5,000,000) cash
funds and 1.0 FTE, or so much thereof as may be necessary, for the
implementation of this act.";

line 16, strike "SECTION 3." and substitute "SECTION 4.";

after line 18, insert the following:

"Page 1, line 102, strike "PROGRAM." and substitute "PROGRAM, AND
MAKING AN APPROPRIATION THEREFORE.".".


Appro-
priations

House Journal, April 1
40 SB09-031 be amended as follows, and as so amended, be referred to
41 the Committee of the Whole with favorable
42 recommendation:
43
44 Amend reengrossed bill, page 6, line 11, strike "IF THE COLORADO";
45
46 strike lines 12 through 16.
47
48 Page 9, line 17, strike "FROM" and substitute "PURSUANT TO PARAGRAPH
49 (b) OR (c) OF THIS SUBSECTION (5).";
50
51 strike line 18;
52
53 line 19, strike "SECTION 25-17-202 (1) (a) (V), C.R.S.".
54
55 Page 10, after line 3, insert the following:
56
1 "(b) THE COLORADO OFFICE OF ECONOMIC DEVELOPMENT IS
2 AUTHORIZED TO SEEK AND ACCEPT GIFTS, GRANTS, OR DONATIONS FROM
3 PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS ARTICLE; EXCEPT
4 THAT THE DEPARTMENT SHALL NOT ACCEPT A GIFT, GRANT, OR DONATION
5 IF IT IS SUBJECT TO CONDITIONS THAT ARE INCONSISTENT WITH THIS
6 ARTICLE OR ANY OTHER LAW OF THE STATE. THE COLORADO OFFICE OF
7 ECONOMIC DEVELOPMENT SHALL TRANSMIT ALL PRIVATE AND PUBLIC
8 MONEYS RECEIVED THROUGH GIFTS, GRANTS, OR DONATIONS TO THE
9 STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE FUND.
10
11 (c) TO THE EXTENT PERMITTED BY LAW, THE GOVERNOR, AT HIS OR
12 HER DISCRETION, OR THE COLORADO OFFICE OF ECONOMIC DEVELOPMENT,
13 AT ITS DISCRETION, MAY DIRECT OTHER MONEYS TO THE FUND FOR THE
14 PURPOSES OF THIS ARTICLE.".
15
16 Reletter succeeding paragraph accordingly.
17
18 Page 10, strike lines 8 through 27.
19
20 Page 11, strike lines 1 through 6.
21
22 Renumber succeeding section accordingly.
23
24 Page 1, line 102, strike "PROGRAM, AND MAKING AN" and substitute
25 "PROGRAM.";
26
27 strike line 103.
28
29

Senate Journal, January 30
After consideration on the merits, the Committee recommends that SB09-039 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 3, line 10, after the period, add "A COOPERATIVE
ELECTRIC ASSOCIATION SHALL NOT APPLY A GRADUATED RATE TO
CONSUMERS THAT HAVE SINGLE METERS THAT RECORD ENERGY
CONSUMPTION FOR COMBINED RESIDENTIAL AND AGRICULTURAL USES.".

House Journal, March 26
30 Amendment No. 1, by Representative(s) Curry.
31
32 Amend reengrossed bill, page 2, line 21, strike "CONSUMPTION", and
33 substitute "CONSUMPTION, FOR ENERGY CONSERVATION AND ENERGY
34 EFFICIENCY PURPOSES,".
35
36 Page 3, line 4, strike "A GRADUATED" and substitute "SUCH";
37
38 line 11, strike "A GRADUATED" and substitute "SUCH".
39
40 As amended, ordered revised and placed on the Calendar for Third
41 Reading and Final Passage.
42

Senate Journal, February 11
After consideration on the merits, the Committee recommends that SB09-051 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, after line 7, insert the following:

"(2) The general assembly further finds, determines, and declares
that:

(a) The industrial and commercial sectors of our economy
represent an even greater potential for the expansion of customer-sited
solar electric generation technology than does the residential sector;
however, at present, the need to participate in a competitive bidding
process acts as a barrier to development in these sectors.

(b) Therefore, the general assembly supports the adoption of a
standard program offer by qualified retail utilities for customer-sited solar
electric generation facilities between one hundred kilowatts and one
megawatt to encourage the installation of more systems than would
otherwise occur under the existing competitive bidding process.

SECTION 3. Article 38.7 of title 24, Colorado Revised Statutes,
is amended BY THE ADDITION OF A NEW SECTION to read:

24-38.7-101.5. Legislative declaration. THE GENERAL ASSEMBLY
FINDS, DETERMINES, AND DECLARES THAT ENERGY-EFFICIENCY
IMPROVEMENTS FOR EXISTING BUILDINGS IS ONE OF THE WISEST
INVESTMENTS THAT ANY INDIVIDUAL OR BUSINESS CAN MAKE. HOWEVER,
MANY COLORADANS MAY BE UNDER THE MISTAKEN IMPRESSION THAT THE
COST OF SUCH IMPROVEMENTS IS OUT OF REACH FOR THEM OR THAT
FINANCING WOULD BE DIFFICULT TO OBTAIN. THEREFORE, THE GENERAL
ASSEMBLY ENCOURAGES ALL COLORADANS TO INVESTIGATE THE
POSSIBILITY OF FINANCING ENERGY-EFFICIENCY IMPROVEMENTS BY
CONTACTING THEIR CURRENT LENDERS, INCLUDING BANKS, MORTGAGE
LENDERS, CREDIT UNIONS, AND OTHER FINANCIAL INSTITUTIONS.".

Renumber succeeding sections accordingly.

Page 3, line 8, strike "24-38.7-102 (3) and (4)," and substitute "The
introductory portion to 24-38.7-102 and 24-38.7-102 (3),";

strike lines 9 and 10 and substitute the following:

"are amended to read:";

line 11, strike "article," and substitute "article PART 1,";

line 21, strike "INCLUDING" and substitute "OR";

strike lines 25 through 27.

Page 4, strike lines 1 through 15;

line 27, strike ""CLEAN & GREEN COLORADO"" and substitute
""COLORADO CLEAN & GREEN" LOGO OR OTHER".

Page 5, strike lines 9 through 13 and substitute the following:

"funding clean energy loans UNDER THIS PART 1 AND UNDER PART 2 OF
THIS ARTICLE during the 2008-09, 2009-10, and 2010-11 fiscal years
subject to the limitation that FOLLOWING CONDITIONS:

(I) The state treasurer may invest no more than ten FIFTEEN
million dollars during the 2008-09 fiscal year and no more than a total
amount of twenty TWENTY-FIVE million dollars during the 2008-09 and
2009-10 fiscal years; AND

(II) OF THESE AMOUNTS, IN THE STATE TREASURER'S DISCRETION
AND SUBJECT TO THE QUALIFICATIONS FOR STATE INVESTMENTS LISTED IN
SECTION 24-36-113 AND THE AVAILABILITY OF PROJECTS IN WHICH TO
INVEST, CLEAN ENERGY LOANS UNDER PART 2 OF THIS ARTICLE MAY
COMPRISE UP TO TEN MILLION DOLLARS PER YEAR DURING THE 2008-09
FISCAL YEAR AND A TOTAL OF UP TO FIFTEEN MILLION DOLLARS DURING
THE 2009-10 AND 2010-11 FISCAL YEARS.";

strike lines 19 through 22 and substitute the following:

"PRODUCED A SUITABLE DESIGN OR DRAWING, REFERRED TO IN THIS
SECTION AS THE "LOGO", TO BE USED IN THE MARKETING OF CLEAN
ENERGY LOANS AND CLEAN ENERGY IMPROVEMENTS. THE LOGO MAY, BUT
IS NOT REQUIRED TO, CONTAIN THE SLOGAN "COLORADO CLEAN &
GREEN" OR OTHER WORDS OR SYMBOLS AS THE OFFICE IN ITS DISCRETION
MAY DEEM APPROPRIATE.".

Page 6, after line 11, insert the following:

"SECTION 8. Article 38.7 of title 24, Colorado Revised Statutes,
is amended BY THE ADDITION OF A NEW PART to read:

PART 2
THIRD-PARTY COMMERCIAL
SOLAR ELECTRIC INSTALLATIONS

24-38.7-201. Legislative declaration. THIS PART 2 IS INTENDED
TO COMPLEMENT PART 1 OF THIS ARTICLE BY FACILITATING CLEAN ENERGY
LOANS FOR LARGER-SCALE COMMERCIAL, INDUSTRIAL, AND
INSTITUTIONAL INSTALLATIONS OF SOLAR ELECTRIC GENERATION
FACILITIES, WHICH HOLD GREAT POTENTIAL FOR CLEAN ENERGY
DEVELOPMENT BUT IN WHICH THE SIZE LIMITATIONS, ECONOMIC
INCENTIVES, AND INDUSTRY PRACTICES APPLICABLE TO SMALL
RESIDENTIAL INSTALLATIONS EITHER CANNOT BE DUPLICATED OR ARE NOT
ECONOMICALLY FEASIBLE.

24-38.7-202. Definitions. AS USED IN THIS PART 2, UNLESS THE
CONTEXT OTHERWISE REQUIRES:

(1) "CLEAN ENERGY IMPROVEMENT" MEANS AN INSTALLATION OF
SOLAR ELECTRIC GENERATION EQUIPMENT AND ANY RELATED CONTROLS,
METERS, WIRING, AND OTHER FACILITIES ON COMMERCIAL, INDUSTRIAL, OR
GOVERNMENT-OWNED REAL PROPERTY.

(2) "CLEAN ENERGY LOAN" MEANS A LOAN ORIGINATED BY A
PARTICIPATING PUBLIC LENDER OR A PARTICIPATING PRIVATE LENDER,
INCLUDING BUT NOT LIMITED TO A BANK OR MORTGAGE LENDER, FOR THE
PURPOSE OF FINANCING ONE OR MORE CLEAN ENERGY IMPROVEMENTS TO
COMMERCIAL, INDUSTRIAL, OR GOVERNMENT-OWNED REAL PROPERTY,
SUBJECT TO THE FOLLOWING CONDITIONS:

(a) THE LOAN MAY, BUT NEED NOT, BE TO AN INDEPENDENT THIRD
PARTY RATHER THAN TO THE OWNER OF THE PROPERTY OR TO A PUBLIC
UTILITY.

(b) THE LOAN MAY BE FOR A FIXED TERM OF TWENTY YEARS.

(c) THE LOAN MAY BE A FULLY ASSUMABLE, NONRECOURSE LOAN
AND MAY NOT BE SUBJECT TO ANY PREPAYMENT PENALTY

(d) THE AMOUNT OF THE LOAN MAY EXCEED THE AMOUNT STATED
IN SECTION 24-38.7-102 (4).

(3) "OFFICE" MEANS THE GOVERNOR'S ENERGY OFFICE.

(4) "PUBLIC LENDER" MEANS A COUNTY, MUNICIPALITY, DISTRICT,
AUTHORITY, OR OTHER POLITICAL SUBDIVISION OF THE STATE AUTHORIZED
TO MAKE ECONOMIC DEVELOPMENT, AFFORDABLE HOUSING, OR HOUSING
REHABILITATION LOANS. "PUBLIC LENDER" INCLUDES, WITHOUT
LIMITATION, THE COLORADO HOUSING AND FINANCE AUTHORITY.

24-38.7-203. Governor's energy office - administrator - state
treasurer - powers and duties - statement of intent. (1) THE OFFICE
AND THE ADMINISTRATOR SHALL ADMINISTER THIS PART 2 SUBSTANTIALLY
IN ACCORDANCE WITH PART 1 OF THIS ARTICLE, EXCEPT WITH REGARD TO:

(a) THE DEFINITIONS OF TERMS COMMON TO BOTH PART 1 OF THIS
ARTICLE AND THIS PART 2, AS SUCH DEFINITIONS ARE MODIFIED IN THIS
PART 2; AND

(b) PROVISIONS THAT, IN THE JUDGMENT AND DISCRETION OF THE
OFFICE, THE ADMINISTRATOR, AND THE STATE TREASURER, ARE
APPROPRIATE ONLY IN THE CONTEXT OF SMALL RESIDENTIAL
INSTALLATIONS UNDER PART 1 OF THIS ARTICLE..

(2) THE PROVISIONS OF PART 1 OF THIS ARTICLE AND OF ARTICLE
36 OF THIS TITLE CONCERNING THE TYPE AND QUALITY OF INVESTMENTS
MADE BY THE STATE TREASURER SHALL CONTINUE TO APPLY. THE
GENERAL ASSEMBLY INTENDS THAT THE EXTENSION OF THE PROGRAM
UNDER THIS PART 2 BE ACCOMPLISHED AS SEAMLESSLY AS POSSIBLE,
WITHIN EXISTING APPROPRIATIONS, AND WITH MINIMAL DISRUPTION TO
THE CURRENT PRACTICES OF THE OFFICE, THE ADMINISTRATOR, AND THE
STATE TREASURER.".

Renumber succeeding sections accordingly.

Page 7, strike lines 10 through 27.

Strike pages 8 through 12.

Page 13, strike lines 1 through 16 and substitute the following:

"SECTION 11. 40-1-103 (2), Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:

40-1-103. Public utility defined. (2) (c) THE SUPPLY OF
ELECTRICITY OR HEAT TO A CONSUMER OF THE ELECTRICITY OR HEAT
FROM SOLAR GENERATING EQUIPMENT LOCATED ON THE SITE OF THE
CONSUMER'S PROPERTY, WHICH EQUIPMENT IS OWNED OR OPERATED BY AN
ENTITY OTHER THAN THE CONSUMER, SHALL NOT SUBJECT THE OWNER OR
OPERATOR OF THE ON-SITE SOLAR GENERATING EQUIPMENT TO
REGULATION AS A PUBLIC UTILITY BY THE COMMISSION IF THE SOLAR
GENERATING EQUIPMENT IS SIZED TO SUPPLY NO MORE THAN ONE
HUNDRED TWENTY PERCENT OF THE AVERAGE ANNUAL CONSUMPTION OF
ELECTRICITY BY THE CONSUMER AT THAT SITE. FOR PURPOSES OF THIS
PARAGRAPH (c), THE CONSUMER'S SITE SHALL INCLUDE ALL CONTIGUOUS
PROPERTY OWNED OR LEASED BY THE CONSUMER, WITHOUT REGARD TO
INTERRUPTIONS IN CONTIGUITY CAUSED BY EASEMENTS, PUBLIC
THOROUGHFARES, TRANSPORTATION RIGHTS-OF-WAY, OR UTILITY
RIGHTS-OF-WAY.

SECTION 12. 40-2-124 (1) (c) (II), (1) (d), (1) (e), and (1) (f)
(V), Colorado Revised Statutes, are amended, and the said 40-2-124 is
further amended BY THE ADDITION OF A NEW SUBSECTION, to
read:

40-2-124. Renewable energy standard - definitions - net
metering. (1) Each provider of retail electric service in the state of
Colorado, other than municipally owned utilities that serve forty thousand
customers or less, shall be considered a qualifying retail utility. Each
qualifying retail utility, with the exception of cooperative electric
associations that have voted to exempt themselves from commission
jurisdiction pursuant to section 40-9.5-104 and municipally owned
utilities, shall be subject to the rules established under this article by the
commission. No additional regulatory authority of the commission other
than that specifically contained in this section is provided or implied. In
accordance with article 4 of title 24, C.R.S., on or before October 1, 2007,
the commission shall revise or clarify existing rules to establish the
following:

(c) Electric resource standards:

(II) (A) Of the amounts in subparagraph (I) of THIS paragraph (c),
of this subsection (1), at least four percent shall be derived from solar
electric generation technologies. At least one-half of this four percent
shall be derived from solar electric technologies located on-site at
customers' facilities.

(B) SOLAR GENERATING EQUIPMENT LOCATED ON-SITE AT
CUSTOMER'S FACILITIES SHALL BE SIZED TO SUPPLY NO MORE THAN ONE
HUNDRED TWENTY PERCENT OF THE AVERAGE ANNUAL CONSUMPTION OF
ELECTRICITY BY THE CONSUMER AT THAT SITE. FOR PURPOSES OF THIS
SUB-SUBPARAGRAPH (B), THE CONSUMER'S "SITE" SHALL INCLUDE ALL
CONTIGUOUS PROPERTY OWNED OR LEASED BY THE CONSUMER, WITHOUT
REGARD TO INTERRUPTIONS IN CONTIGUITY CAUSED BY EASEMENTS,
PUBLIC THOROUGHFARES, TRANSPORTATION RIGHTS-OF-WAY, OR UTILITY
RIGHTS-OF-WAY.

(d) (I) A system of tradable renewable energy credits that may be
used by a qualifying retail utility to comply with this standard. The
commission shall also analyze the effectiveness of utilizing any regional
system of renewable energy credits in existence at the time of its
rule-making process and determine whether the system is governed by
rules that are consistent with the rules established for this article. The
commission shall not restrict the qualifying retail utility's ownership of
renewable energy credits if the qualifying retail utility complies with the
electric resource standard of paragraph (c) of this subsection (1) and does
not exceed the retail rate impact established by paragraph (g) of this
subsection (1).

(II) IN THE SYSTEM OF RENEWABLE ENERGY CREDITS, THE
COMMISSION SHALL INCLUDE PROVISIONS FOR A STANDARD OFFER OF
CREDITS FOR CUSTOMER-SITED GENERATION BETWEEN ONE HUNDRED
KILOWATTS AND ONE MEGAWATT LOCATED IN COLORADO.

(III) WHEN ESTABLISHING INCENTIVES FOR THE STANDARD OFFER
DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (d), THE
COMMISSION SHALL TAKE INTO ACCOUNT THE FOLLOWING FACTORS:

(A) INCENTIVES SHOULD BE SET AT A COMPETITIVE LEVEL
SUFFICIENT TO ENCOURAGE INCREASED CONSTRUCTION OF
CUSTOMER-SITED GENERATION IN THIS SIZE RANGE; AND

(B) INCENTIVES SHOULD NOT BE SO HIGH AS TO COMPROMISE THE
ABILITY OF A QUALIFYING RETAIL UTILITY TO COMPLY WITH THE
PORTFOLIO STANDARD WITHOUT EXCEEDING THE RETAIL RATE IMPACT
ESTABLISHED BY PARAGRAPH (g) OF THIS SUBSECTION (1).

(e) A standard rebate offer program, UNDER WHICH:

(I) Each qualifying retail utility, except for cooperative electric
associations and municipally owned utilities, shall make available to its
retail electricity customers a standard rebate offer of a minimum of two
dollars per watt for the installation of eligible solar electric generation on
customers' premises up to a maximum of one hundred kilowatts per
installation. Such offer shall allow the customer's retail electricity
consumption to be offset by the solar electricity generated. To the extent
that solar electricity generation exceeds the customer's consumption
during a billing month, such excess electricity shall be carried forward as
a credit to the following month's consumption. To the extent that solar
electricity generation exceeds the customer's consumption during a
calendar year, the customer shall be reimbursed by the qualifying retail
utility at its average hourly incremental cost of electricity supply over the
prior twelve-month period UNLESS THE CUSTOMER MAKES A ONE-TIME
ELECTION, IN WRITING, TO REQUEST THAT THE EXCESS ELECTRICITY BE
CARRIED FORWARD AS A CREDIT FROM MONTH TO MONTH INDEFINITELY
UNTIL THE CUSTOMER TERMINATES SERVICE WITH THE QUALIFYING RETAIL
UTILITY, AT WHICH TIME NO PAYMENT SHALL BE REQUIRED FROM THE
QUALIFYING RETAIL UTILITY FOR ANY REMAINING EXCESS ELECTRICITY
SUPPLIED BY THE CUSTOMER. The qualifying retail utility shall not apply
unreasonably burdensome interconnection requirements in connection
with this standard rebate offer. Electricity generated under this program
shall be eligible for the qualifying retail utility's compliance with this
article.

(II) SALES OF ELECTRICITY TO A CONSUMER MAY BE MADE BY THE
OWNER OR OPERATOR OF THE SOLAR ELECTRIC GENERATION FACILITIES
LOCATED ON THE SITE OF THE CONSUMER'S PROPERTY IF THE SOLAR
GENERATING EQUIPMENT IS SIZED TO SUPPLY NO MORE THAN ONE
HUNDRED TWENTY PERCENT OF THE AVERAGE ANNUAL CONSUMPTION OF
ELECTRICITY BY THE CONSUMER AT THAT SITE. FOR PURPOSES OF THIS
SUBPARAGRAPH (II), THE CONSUMER'S SITE SHALL INCLUDE ALL
CONTIGUOUS PROPERTY OWNED OR LEASED BY THE CONSUMER, WITHOUT
REGARD TO INTERRUPTIONS IN CONTIGUITY CAUSED BY EASEMENTS,
PUBLIC THOROUGHFARES, TRANSPORTATION RIGHTS-OF-WAY, OR UTILITY
RIGHTS-OF-WAY. IF THE SOLAR ELECTRIC GENERATION FACILITY IS NOT
OWNED BY THE CONSUMER, THEN THE QUALIFYING RETAIL UTILITY SHALL
NOT BE REQUIRED BY THE COMMISSION TO PAY FOR THE RENEWABLE
ENERGY CREDITS GENERATED BY THE FACILITY ON ANY BASIS OTHER THAN
A METERED BASIS. THE OWNER OR OPERATOR OF THE SOLAR ELECTRIC
GENERATION FACILITY SHALL PAY THE COST OF INSTALLING THE
PRODUCTION METER.

(III) THE COMMISSION SHALL ENCOURAGE QUALIFYING RETAIL
UTILITIES TO DESIGN SOLAR PROGRAMS THAT ALLOW CONSUMERS OF ALL
INCOME LEVELS TO OBTAIN THE BENEFITS OFFERED BY SOLAR ELECTRICITY
GENERATION AND SHALL ALLOW PROGRAMS THAT ARE DESIGNED TO
EXTEND PARTICIPATION TO CUSTOMERS IN MARKET SEGMENTS THAT HAVE
NOT BEEN RESPONDING TO THE STANDARD REBATE OFFER PROGRAM.

(1.5) NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, PARAGRAPH (e) OF SUBSECTION (1) OF THIS SECTION SHALL
NOT APPLY TO A MUNICIPALLY OWNED UTILITY OR TO A COOPERATIVE
ELECTRIC ASSOCIATION.

(f) Policies for the recovery of costs incurred with respect to these
standards for qualifying retail utilities that are subject to rate regulation
by the commission. These policies shall provide incentives to qualifying
retail utilities to invest in eligible energy resources in the state of
Colorado. Such policies shall include:

(V) If the commission approves the terms and conditions of an
eligible energy resource contract between the qualifying retail utility and
another party, the contract and its terms and conditions shall be deemed
to be a prudent investment, and the commission shall approve retail rates
sufficient to recover all just and reasonable costs associated with the
contract. All contracts for acquisition of eligible energy resources shall
have a minimum term of twenty years; except that the contract term may
be shortened at the sole discretion of the seller. All contracts for the
acquisition of renewable energy credits from solar electric technologies
located on site at customer facilities shall also have a minimum term of
twenty years; EXCEPT THAT SUCH CONTRACTS FOR SYSTEMS OF BETWEEN
ONE HUNDRED KILOWATTS AND ONE MEGAWATT MAY HAVE A DIFFERENT
TERM IF MUTUALLY AGREED TO BY THE PARTIES.".

Renumber succeeding section accordingly.


Local
Government
and Energy

Senate Journal, March 3
SB09-051 by Senator(s) Carroll M.; also Representative(s) Levy--Concerning measures to facilitate the
financing of energy-efficient structures.

Amendment No. 1, Local Government & Energy Committee Amendment.
(Printed in Senate Journal, February 11, page 248-253 and placed in members' bill files.)


Amendment No. 2(L.012), by Senator Carroll.

Amend the Local Government and Energy Committee Report, dated
February 10, 2009, page 2, line 10, strike "(3),";" and substitute "(3) and
(4),";";

strike line 16 and substitute the following:

"Page 4, strike lines 1 through 15 and substitute the following:

"(4) "Clean energy loan" means a loan in a maximum amount of
twelve thousand five hundred dollars originated by a participating public
lender or a participating private lender, INCLUDING BUT NOT LIMITED TO
A BANK OR MORTGAGE LENDER, to a qualified borrower for the purpose
of financing one or more clean energy improvements to the borrower's
primary residence, RENTAL PROPERTY, OR PLACE OF BUSINESS; except that,
if the qualified borrower is a nonprofit corporation or local government
housing authority that provides units in a multi-unit housing project as
homes to individuals or families who meet the income qualifications of
first tier or second tier qualified borrowers, the maximum amount of a
loan shall be twelve thousand five hundred dollars multiplied by the
number of units in the multi-unit housing project provided to the
individuals or families.";";

strike lines 17 and 18 of the committee report and substitute the
following:

"strike lines 26 and 27 and substitute the following:

"(III) AUTHORIZE PARTICIPATING LENDERS, CERTIFIED
CONTRACTORS, AND QUALIFIED BORROWERS ON WHOSE PROPERTY CLEAN
ENERGY IMPROVEMENTS ARE MADE TO USE THE "COLORADO CLEAN &
GREEN" LOGO OR OTHER LOGO AND".".

Page 3 of the committee report, strike line 13 and substitute the
following:

"Page 6, line 2, strike "LENDER OR CERTIFIED CONTRACTOR" and substitute
"LENDER, CERTIFIED CONTRACTOR, OR QUALIFIED BORROWER";

after line 11, insert the following:".


Amendment No. 3(L.015), by Senator Carroll.

Amend printed bill, page 6, line 27, strike "38-12-505," and substitute
"Article 12 of title 38,".

Page 7, line 1, strike "SUBSECTION" and substitute "PART";

strike line 2 and substitute the following:

"PART 6
ENERGY EFFICIENCY

38-12-601. Energy audits - definitions. (1) WITHIN";

line 8, strike "SUBSECTION (4)" and substitute "SECTION";

after line 9, insert the following:

"(2) AS USED IN THIS SECTION, "DWELLING UNIT" MEANS:

(a) THE AREA SUBJECT TO THE TENANT'S POSSESSORY INTEREST
UNDER THE LEASE; AND

(b) WITH THE LANDLORD'S PERMISSION, ALL OR A SPECIFIED
PORTION OF THE COMMON AREAS OF THE LEASED PREMISES.".

Amendment No. 4(L.018), by Senator Carroll.

Amend the Local Government and Energy Committee Report, dated
February 10, 2009, page 2, line 7, strike "INSTITUTIONS."." and substitute
the following:

"INSTITUTIONS. NOTHING IN THIS ARTICLE IS INTENDED TO AFFECT
LENDING REQUIREMENTS OR LIMITATIONS, NOR TO ALTER THE SCOPE OF
LENDING, AS CURRENTLY DEFINED BETWEEN BANKS AND CREDIT UNIONS
OR OTHER LENDERS.".".


Amendment No. 5(L.019), by Senator White

Amend printed bill, page 6, strike line 27.

Page 7, strike lines 1 through 9.

Renumber succeeding sections accordingly.

House Journal, March 20
5 SB09-051 be amended as follows, and as so amended, be referred to
6 the Committee of the Whole with favorable
7 recommendation:
8
9 Amend reengrossed bill, page 4, line 10, strike "(3) and (4)," and
10 substitute "(2), (3), and (4),";
11
12 after line 12, insert the following:
13
14 "(2) "Certified contractor" means:
15
16 (a) A contractor, including but not limited to a general, heating,
17 air conditioning, or lighting contractor, certified by the program
18 administrator to market the program to potential qualified borrowers and
19 make clean energy improvements that may be financed by clean energy
20 loans; AND
21
22 (b) A MANUFACTURER OR DEALER OF MANUFACTURED HOMES, AS
23 DEFINED IN SECTION 24-32-3302, WHO IS CERTIFIED BY THE PROGRAM
24 ADMINISTRATOR TO MARKET THE PROGRAM TO POTENTIAL QUALIFIED
25 BORROWERS AND MAKE CLEAN ENERGY IMPROVEMENTS THAT MAY BE
26 FINANCED BY CLEAN ENERGY LOANS.".
27
28 Page 6, strike lines 13 through 19 and substitute the following:
29
30 "(II) SUCH INVESTMENTS SHALL BE SUBJECT TO THE STATE
31 TREASURER'S DISCRETION AND SHALL COMPLY WITH THE QUALIFICATIONS
32 FOR STATE INVESTMENTS LISTED IN SECTION 24-36-113.".
33
34 Page 11, line 5, strike "(1) (d),".
35
36 Page 12, strike lines 10 through 27.
37
38 Page 13, strike lines 1 through 7.
39
40 Page 14, line 23, after "(III)", insert "THE QUALIFYING RETAIL UTILITY
41 MAY ESTABLISH ONE OR MORE STANDARD OFFERS TO PURCHASE
42 RENEWABLE ENERGY CREDITS GENERATED FROM THE ELIGIBLE SOLAR
43 ELECTRIC GENERATION ON THE CUSTOMER'S PREMISES SO LONG AS THE
44 GENERATION MEETS THE SIZE AND LOCATION REQUIREMENTS SET FORTH
45 IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (e) AND SO LONG AS THE
46 GENERATION IS FIVE HUNDRED KILOWATTS OR LESS IN SIZE. WHEN
47 ESTABLISHING THE STANDARD OFFERS, THE PRICES FOR RENEWABLE
48 ENERGY CREDITS SHOULD BE SET AT LEVELS SUFFICIENT TO ENCOURAGE
49 INCREASED CUSTOMER-SITED SOLAR GENERATION IN THE SIZE RANGES
50 COVERED BY EACH STANDARD OFFER, BUT AT LEVELS THAT WILL STILL
51 ALLOW THE QUALIFYING RETAIL UTILITY TO COMPLY WITH THE ELECTRIC
52 RESOURCE STANDARDS SET FORTH IN PARAGRAPH (c) OF THIS SUBSECTION
53 (1) WITHOUT EXCEEDING THE RETAIL RATE IMPACT LIMIT IN PARAGRAPH
54 (g) OF THIS SUBSECTION (1).".
55
56 Page 15, line 1, strike "REBATE".

House Journal, March 26
23 Amendment No. 1, Transportation & Energy Report, dated
24 March 19, 2009, and placed in member's bill file; Report also printed in
26
27 Amendment No. 2, by Representative(s) Levy.
28
29 Amend reengrossed bill, page 3, strike lines 8 through 19.
30
31 Page 7, line 24, strike "ELECTRIC" and substitute "ENERGY".
32
33 Page 8, line 1, after "OF", insert "SOLAR HEATING OR COOLING AND";
34
35 line 10, before "SOLAR", insert "SOLAR HEATING, SOLAR COOLING, OR".
36
37 As amended, ordered revised and placed on the Calendar for Third
38 Reading and Final Passage.
39

Senate Journal, February 5
After consideration on the merits, the Committee recommends that SB09-054 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 2, line 2, strike "6-1-112 (1)," and substitute
"6-1-112,";

strike lines 4 through 11 and substitute the following:

"6-1-112. Civil penalties. (1) Any person who violates or causes
another to violate any provision of this article shall forfeit and pay to the
general fund of this state a civil penalty of not more than two thousand
dollars for each such violation. For purposes of this subsection (1), a
violation of any provision shall constitute a separate violation with
respect to each consumer or transaction involved; except that the
maximum civil penalty shall not exceed one hundred thousand dollars for
any related series of violations. THE ATTORNEY GENERAL OR A DISTRICT
ATTORNEY MAY BRING A CIVIL ACTION ON BEHALF OF THE STATE TO SEEK
THE IMPOSITION OF CIVIL PENALTIES AS FOLLOWS:

(a) ANY PERSON WHO VIOLATES OR CAUSES ANOTHER TO VIOLATE
ANY PROVISION OF THIS ARTICLE SHALL FORFEIT AND PAY TO THE GENERAL
FUND OF THIS STATE A CIVIL PENALTY OF NOT MORE THAN TWO THOUSAND
DOLLARS FOR EACH SUCH VIOLATION. FOR PURPOSES OF THIS PARAGRAPH
(a), A VIOLATION OF ANY PROVISION SHALL CONSTITUTE A SEPARATE
VIOLATION WITH RESPECT TO EACH CONSUMER OR TRANSACTION
INVOLVED; EXCEPT THAT THE MAXIMUM CIVIL PENALTY SHALL NOT
EXCEED FIVE HUNDRED THOUSAND DOLLARS FOR ANY RELATED SERIES OF
VIOLATIONS.

(2) (b) Any person who violates or causes another to violate any
court order or injunction issued pursuant to this article shall forfeit and
pay to the general fund of this state a civil penalty of not more than ten
thousand dollars for each such violation. For the purposes of this section,
the court issuing the order or injunction shall retain jurisdiction, and the
cause shall be continued. Upon violation, the attorney general or a
district attorney may petition the court for the recovery of the civil
penalty. Such civil penalty shall be in addition to any other penalty or
remedy available for the enforcement of the provisions of this article and
any court order or injunction.

(3) (c) Any person who violates or causes another to violate any
provision of this article, where such violation was committed against an
elderly person, shall forfeit and pay to the general fund of the state a civil
penalty of not more than ten thousand dollars for each such violation. For
purposes of this subsection (3) PARAGRAPH (c), a violation of any
provision of this article shall constitute a separate violation with respect
to each elderly person involved.";

after line 23, insert the following:

"SECTION 3. 6-1-720 (4), Colorado Revised Statutes, is
amended to read:

6-1-720. Deceptive trade practice - on-line event ticket sales.
(4) Every ticket acquired in violation of this section shall constitute a
separate violation for purposes of assessing a civil penalty under section
6-1-112 (1) and (2) (1) (a) AND (1) (b).".

Renumber succeeding section accordingly.


Business,
Labor, &
Technology

Senate Journal, February 13
SB09-092 by Senator(s) Kopp, Romer, Brophy, White, King K., Penry, Renfroe; also
Representative(s) Marostica, King S., Sonnenberg, Stephens, Waller--Concerning the
requirement that state-owned motor vehicles operate on compressed natural gas.

Amendment No. 1(L.004), by Senator Romer and Kopp.

Amend printed bill, page 3, line 2, after "requirement.", insert "DURING
THE SECOND REGULAR SESSION OF THE SIXTY-SEVENTH GENERAL
ASSEMBLY IN 2010, THE EXECUTIVE DIRECTOR SHALL REPORT
SIMULTANEOUSLY TO THE TRANSPORTATION COMMITTEE OF THE SENATE
AND THE TRANSPORTATION AND ENERGY COMMITTEE OF THE HOUSE OF
REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES, DETAILING THE KEY
FINANCIAL DECISION POINTS AND ANALYSIS THAT LED TO THE EXECUTIVE
DIRECTOR'S DETERMINATION TO PURCHASE OR DECLINE TO PURCHASE
MOTOR VEHICLES THAT OPERATE ON NATURAL GAS AS REQUIRED BY THIS
SUBPARAGRAPH (II).".


Amendment No. 2(L.003), by Senator Kopp and Brophy.

Amend printed bill, page 2, line 19, strike "AVAILABILITY," and substitute
"THEIR AVAILABILITY AND THE AVAILABILITY OF ADEQUATE FUEL AND
FUELING INFRASTRUCTURE," and, after "INCREASED", insert "BASE";

line 20, strike "VEHICLES" and substitute "VEHICLE OR THE INCREASED
LIFE CYCLE COST OF SUCH VEHICLE" and strike "COMPARABLE";

line 21, strike "VEHICLES THAT DO NOT OPERATE ON COMPRESSED
NATURAL GAS." and substitute "A COMPARABLE NONFLEXIBLE FUEL
VEHICLE.".

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

Senate Journal, February 11
After consideration on the merits, the Committee recommends that SB09-095 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 4, line 5, strike "AND" and substitute "OR".

Page 10, line 11, after the period, add "A SUBCONTRACTOR WHO RECEIVES
A PROGRESS PAYMENT FOR A SUB-SUBCONTRACTOR'S WORK SHALL PAY
THE SUB-SUBCONTRACTOR WITHIN FIVE DAYS AFTER RECEIPT OF THE
PAYMENT FROM THE CONTRACTOR.".

Page 21, line 5, strike "AND" and substitute "OR".

Page 25, line 5, after "between", insert "PUBLIC ENTITIES AND
CONTRACTORS OR".

State,
Veterans, &
Military
Affairs

Senate Journal, March 9
After consideration on the merits, the Committee recommends that SB09-095 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 36, after line 20, insert the following:

"SECTION 5. 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 section accordingly.

Senate Journal, February 24
After consideration on the merits, the Committee recommends that SB09-110 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 4, line 25, after "(2),", insert "(4),".

Page 8, after line 4, insert the following:

"(4) When the director is satisfied that further efforts to settle the
matter by conference, conciliation, and persuasion will be futile, he OR
SHE shall so report to the commission. If the commission determines that
the circumstances warrant, it shall issue and cause to be served, in the
manner provided by section 24-4-105 (2), a written notice and complaint
requiring the respondent to answer the charges at a formal hearing before
the commission, a commissioner, or an administrative law judge; EXCEPT
THAT IN CASES WHERE THE CHARGING PARTY HAS ASSERTED A CLAIM
THAT COULD NOT BE BROUGHT UNDER TITLE VII OF THE FEDERAL "CIVIL
RIGHTS ACT OF 1964", AS AMENDED, THE FEDERAL "AMERICANS WITH
DISABILITIES ACT OF 1990", AS AMENDED, 42 U.S.C. SEC. 12101 ET SEQ.,
OR THE FEDERAL "AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967",
AS AMENDED, 29 U.S.C. SEC. 621 ET SEQ., THE CHARGING PARTY, UPON
REQUEST, SHALL BE ENTITLED TO A FORMAL HEARING BEFORE THE
COMMISSION OR AN ADMINISTRATIVE LAW JUDGE AS SPECIFIED IN THIS
SUBSECTION (4). Such hearing shall be commenced within one hundred
twenty days after the service of such written notice and complaint. Such
notice and complaint shall state the time, place, and nature of the hearing,
the legal authority and jurisdiction under which it is to be held, and the
matters of fact and law asserted.".
Page 9, strike lines 15 through 27.

Strike pages 10 through 14.

Page 15, strike lines 1 through 22.

Renumber succeeding sections accordingly.

Trans-
portation

Senate Journal, April 1

House Journal, April 28
2 SB09-110 be amended as follows, and as so amended, be referred to
3 the Committee on Appropriations with favorable
4 recommendation:
5
6 Amend reengrossed bill, page 4, line 25, strike "(4),".
7
8 Page 8, strike lines 5 through 24.
9
10 Page 10, before line 9, insert the following:
11
12 "SECTION 8. 24-34-405, Colorado Revised Statutes, is
13 REPEALED AND REENACTED, WITH AMENDMENTS, to read:
14
15 24-34-405. Relief authorized. (1) (a) IN ADDITION TO THE
16 RELIEF AUTHORIZED BY SECTION 24-34-306 (9), THE COMMISSION OR THE
17 COURT MAY ORDER AFFIRMATIVE RELIEF THAT THE COMMISSION OR COURT
18 DETERMINES TO BE APPROPRIATE, INCLUDING, WITHOUT LIMITATION, THE
19 FOLLOWING:
20
21 (I) REINSTATEMENT OR HIRING OF EMPLOYEES, WITH OR WITHOUT
22 BACK PAY, WHICH, IF AWARDED, SHALL BE PAID BY THE EMPLOYER,
23 EMPLOYMENT AGENCY, OR LABOR ORGANIZATION RESPONSIBLE FOR THE
24 DISCRIMINATORY OR UNFAIR EMPLOYMENT PRACTICE;
25
26 (II) FRONT PAY; OR
27
28 (III) ANY OTHER EQUITABLE RELIEF DEEMED APPROPRIATE BY THE
29 COMMISSION OR COURT.
30
31 (b) IF THE COMMISSION OR COURT ORDERS BACK PAY, THE
32 LIABILITY FOR BACK PAY SHALL ACCRUE FROM A DATE NOT MORE THAN
33 TWO YEARS PRIOR TO THE FILING OF A CHARGE WITH THE DIVISION. THE
34 COMMISSION OR COURT SHALL REDUCE AN AWARD OF BACK PAY BY ANY
35 AMOUNT OF ACTUAL EARNINGS OF, OR AMOUNTS THAT COULD HAVE BEEN
36 EARNED WITH REASONABLE DILIGENCE BY, THE PERSON WHO WAS THE
37 VICTIM OF THE DISCRIMINATORY OR UNFAIR EMPLOYMENT PRACTICE.
38
39 (2) (a) IN ADDITION TO THE RELIEF AVAILABLE PURSUANT TO
40 SUBSECTION (1) OF THIS SECTION, IN A PROCEEDING OR CIVIL ACTION
441 BROUGHT BY A COMPLAINING PARTY OR PLAINTIFF UNDER THIS PART
42 AGAINST A RESPONDENT OR DEFENDANT WHO IS FOUND TO HAVE ENGAGED
43 IN AN INTENTIONAL DISCRIMINATORY OR UNFAIR EMPLOYMENT PRACTICE,
44 THE COMPLAINING PARTY OR PLAINTIFF MAY RECOVER COMPENSATORY
45 AND PUNITIVE DAMAGES AS SPECIFIED IN THIS SUBSECTION (2). A
46 COMPLAINING PARTY OR PLAINTIFF SHALL NOT BE AWARDED
47 COMPENSATORY OR PUNITIVE DAMAGES WHEN THE RESPONDENT OR
48 DEFENDANT IS FOUND TO HAVE ENGAGED IN AN EMPLOYMENT PRACTICE
49 THAT IS UNLAWFUL SOLELY BECAUSE OF ITS DISPARATE IMPACT.
50
51 (b) A COMPLAINING PARTY OR PLAINTIFF MAY RECOVER PUNITIVE
52 DAMAGES AGAINST A RESPONDENT OR DEFENDANT, OTHER THAN A
53 GOVERNMENT, GOVERNMENT AGENCY, OR POLITICAL SUBDIVISION OF THE
54 STATE, IF THE COMPLAINING PARTY OR PLAINTIFF DEMONSTRATES BY A
55 PREPONDERANCE OF THE EVIDENCE THAT THE RESPONDENT OR
56 DEFENDANT ENGAGED IN A DISCRIMINATORY OR UNFAIR EMPLOYMENT
1 PRACTICE WITH MALICE OR RECKLESS INDIFFERENCE TO THE RIGHTS OF
2 THE COMPLAINING PARTY OR PLAINTIFF.
3
4 (c) A COMPLAINING PARTY OR PLAINTIFF MAY RECOVER
5 COMPENSATORY DAMAGES AGAINST A RESPONDENT OR DEFENDANT FOR
6 FUTURE PECUNIARY LOSSES, EMOTIONAL PAIN, SUFFERING,
7 INCONVENIENCE, MENTAL ANGUISH, LOSS OF ENJOYMENT OF LIFE, AND
8 OTHER NONPECUNIARY LOSSES.
9
10 (d) THE TOTAL AMOUNT OF DAMAGES AWARDED PURSUANT TO
11 THIS SUBSECTION (2) SHALL NOT EXCEED THE FOLLOWING AMOUNTS FOR
12 EACH COMPLAINING PARTY OR PLAINTIFF, REGARDLESS OF WHETHER THE
13 DAMAGES ARE COMPENSATORY, PUNITIVE, OR A COMBINATION OF
14 COMPENSATORY AND PUNITIVE DAMAGES:
15
16 (I) IF THE RESPONDENT OR DEFENDANT HAS FOURTEEN OR FEWER
17 EMPLOYEES IN EACH OF TWENTY OR MORE CALENDAR WEEKS IN EITHER
18 THE CURRENT OR PRECEDING CALENDAR YEAR, TWENTY-FIVE THOUSAND
19 DOLLARS;
20
21 (II) IF THE RESPONDENT OR DEFENDANT HAS FIFTEEN OR MORE
22 EMPLOYEES AND ONE HUNDRED OR FEWER EMPLOYEES IN EACH OF
23 TWENTY OR MORE CALENDAR WEEKS IN EITHER THE CURRENT OR
24 PRECEDING CALENDAR YEAR, FIFTY THOUSAND DOLLARS;
25
26 (III) IF THE RESPONDENT OR DEFENDANT HAS MORE THAN ONE
27 HUNDRED EMPLOYEES AND TWO HUNDRED OR FEWER EMPLOYEES IN EACH
28 OF TWENTY OR MORE CALENDAR WEEKS IN EITHER THE CURRENT OR
29 PRECEDING CALENDAR YEAR, ONE HUNDRED THOUSAND DOLLARS;
30
31 (IV) IF THE RESPONDENT OR DEFENDANT HAS MORE THAN TWO
32 HUNDRED EMPLOYEES AND FIVE HUNDRED OR FEWER EMPLOYEES IN EACH
33 OF TWENTY OR MORE CALENDAR WEEKS IN EITHER THE CURRENT OR
34 PRECEDING CALENDAR YEAR, TWO HUNDRED THOUSAND DOLLARS; AND
35
36 (V) IF THE RESPONDENT OR DEFENDANT HAS MORE THAN FIVE
37 HUNDRED EMPLOYEES IN EACH OF TWENTY OR MORE CALENDAR WEEKS IN
38 EITHER THE CURRENT OR PRECEDING CALENDAR YEAR, THREE HUNDRED
39 THOUSAND DOLLARS.
40
41 (e) COMPENSATORY OR PUNITIVE DAMAGES AWARDED PURSUANT
42 TO THIS SUBSECTION (2) SHALL BE IN ADDITION TO, AND SHALL NOT
43 INCLUDE, FRONT PAY, BACK PAY, INTEREST ON BACK PAY, OR ANY OTHER
44 TYPE OF RELIEF AWARDED PURSUANT TO SUBSECTION (1) OF THIS SECTION.
45
46 (3) IN CASES ALLEGING THAT A RESPONDENT OR DEFENDANT
47 ENGAGED IN A DISCRIMINATORY OR UNFAIR EMPLOYMENT PRACTICE BY
48 FAILING TO PROVIDE A REASONABLE ACCOMMODATION TO A PERSON WITH
49 A DISABILITY WHO IS OTHERWISE QUALIFIED, IT SHALL BE AN AFFIRMATIVE
50 DEFENSE TO AN AWARD OF DAMAGES UNDER THIS SECTION THAT THE
51 RESPONDENT OR DEFENDANT DEMONSTRATED GOOD FAITH EFFORTS, IN
52 CONSULTATION WITH THE PERSON WITH THE DISABILITY WHO INFORMED
53 THE RESPONDENT OR DEFENDANT THAT AN ACCOMMODATION WAS
54 NEEDED, TO IDENTIFY AND MAKE A REASONABLE ACCOMMODATION THAT
55 WOULD PROVIDE THE PERSON WITH THE DISABILITY WITH AN EQUALLY
56 EFFECTIVE OPPORTUNITY AND WOULD NOT CAUSE AN UNDUE HARDSHIP ON
1 THE OPERATION OF THE BUSINESS.
2
3 (4) (a) IF A PERSON WAS REFUSED ADMISSION INTO OR SUSPENDED
4 OR EXPELLED FROM A UNION, WAS REFUSED EMPLOYMENT OR
5 ADVANCEMENT, OR WAS SUSPENDED OR DISCHARGED FROM EMPLOYMENT,
6 AND THE LABOR ORGANIZATION OR EMPLOYER, AS APPLICABLE, TOOK THE
7 ACTION FOR ANY BONA FIDE REASON OTHER THAN A DISCRIMINATORY OR
8 UNFAIR EMPLOYMENT PRACTICE, THE COMMISSION OR A COURT SHALL NOT
9 ISSUE AN ORDER REQUIRING, AS APPLICABLE:
10
11 (I) A LABOR ORGANIZATION TO ADMIT OR REINSTATE THE PERSON
12 AS A MEMBER OF A UNION;
13
14 (II) AN EMPLOYER TO HIRE, REINSTATE, OR PROMOTE THE
15 INDIVIDUAL; OR
16
17 (III) THE EMPLOYER TO PAY THE INDIVIDUAL BACK PAY.
18
19 (b) IF THE COMPLAINING PARTY OR PLAINTIFF ESTABLISHES THAT
20 THE RESPONDENT OR DEFENDANT ENGAGED IN A DISCRIMINATORY OR
21 UNFAIR EMPLOYMENT PRACTICE AND THE RESPONDENT OR DEFENDANT
22 DEMONSTRATES THAT HE, SHE, OR IT WOULD HAVE TAKEN THE SAME
23 ACTION IN THE ABSENCE OF THE IMPERMISSIBLE, MOTIVATING FACTOR, THE
24 COMMISSION OR COURT:
25
26 (I) MAY GRANT ANY DECLARATORY RELIEF AND INJUNCTIVE
27 RELIEF THE COMMISSION OR COURT DEEMS APPROPRIATE, TOGETHER WITH
28 REASONABLE ATTORNEY FEES AND COSTS THAT THE COMPLAINING PARTY
29 OR PLAINTIFF HAS DEMONSTRATED TO BE ATTRIBUTABLE TO THE PURSUIT
30 OF THE CLAIM OR COMPLAINT; AND
31
32 (II) SHALL NOT AWARD COMPENSATORY OR PUNITIVE DAMAGES OR
33 ISSUE AN ORDER REQUIRING ANY ADMISSION, REINSTATEMENT, HIRING,
34 PROMOTION, OR PAYMENT OF BACK PAY, AS DESCRIBED IN PARAGRAPH (a)
35 OF THIS SUBSECTION (4).
36
37 (5) IF A COMPLAINING PARTY OR PLAINTIFF IN A PROCEEDING
438 BEFORE THE COMMISSION OR IN A CIVIL ACTION FILED UNDER THIS PART
39 SEEKS COMPENSATORY OR PUNITIVE DAMAGES PURSUANT TO SUBSECTION
40 (2) OF THIS SECTION:
41
42 (a) ANY PARTY IN THE CIVIL ACTION MAY DEMAND A TRIAL BY
43 JURY; AND
44
45 (b) THE COURT IN THE CIVIL ACTION SHALL NOT INFORM THE JURY
46 OF THE LIMITATIONS DESCRIBED IN PARAGRAPH (d) OF SUBSECTION (2) OF
47 THIS SECTION.
48
49 (6) (a) IN ANY PROCEEDING OR CIVIL ACTION UNDER THIS PART 4,
50 THE COMMISSION OR COURT MAY AWARD REASONABLE ATTORNEY FEES
51 AND COSTS TO THE PREVAILING PARTY UNLESS THE PREVAILING PARTY IS
52 A GOVERNMENT, GOVERNMENT AGENCY, OR POLITICAL SUBDIVISION OF
53 THE STATE.
54
55 (b) NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (6),
56 IN ANY PROCEEDING OR CIVIL ACTION UNDER THIS PART 4 AGAINST A
1 JUDICIAL OFFICER FOR AN ACT OR OMISSION TAKEN IN THE OFFICER'S
2 JUDICIAL CAPACITY, THE JUDICIAL OFFICER SHALL NOT BE LIABLE FOR ANY
3 COSTS OR ATTORNEY FEES UNLESS THE ACTION WAS CLEARLY OUTSIDE THE
4 SCOPE OF THE OFFICER'S JURISDICTION.
5
6 (c) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
7 COMMISSION'S OR COURT'S DISCRETION TO AWARD REASONABLE
8 ATTORNEY FEES AND COSTS SHALL BE GUIDED BY STANDARDS
9 ESTABLISHED THROUGH JUDICIAL INTERPRETATION OF THE DISCRETION
10 GIVEN TO COURTS TO MAKE SUCH AWARDS IN CASES BROUGHT UNDER
11 TITLE VII OF THE FEDERAL "CIVIL RIGHTS ACT OF 1964", AS AMENDED.
12
13 (7) THIS SECTION SHALL NOT APPLY TO CLAIMS ALLEGING A
14 VIOLATION OF SECTION 24-34-402.5.".
15
16 Renumber succeeding sections accordingly.
17
18

House Journal, May 4
7 SB09-110 be amended as follows, and as so amended, be referred to
8 the Committee of the Whole with favorable
9 recommendation:
10
11 Amend the Judiciary Committee Report, dated April 27, 2009, page 1,
12 strike lines 3 through 17.
13
14 Strike pages 2 through 5 of the committee report.
15
16