State Bill Colorado

House Journal, January 29
29 HB09-1051 be amended as follows, and as so amended, be referred to
30 the Committee on Finance with favorable
31 recommendation:
32
33 Amend printed bill, strike everything below the enacting clause and
34 substitute the following:
35
36 "SECTION 1. 34-63-102 (1) (a) (II), Colorado Revised Statutes,
37 is amended, and the said 34-63-102 is further amended BY THE
38 ADDITION OF A NEW SUBSECTION, to read:
39
40 34-63-102 Creation of mineral leasing fund - distribution -
41 advisory committee - definitions. (1) (a) (II) (A) On and after July 1,
42 2008, EXCEPT FOR STATE FISCAL YEARS 2009-10 TO 2020-21, all moneys,
43 including any interest and income derived therefrom, received by the state
44 treasurer pursuant to the provisions of the federal "Mineral Lands Leasing
45 Act" of February 25, 1920, as amended, except those moneys described
46 in section 34-63-104, shall be deposited by the state treasurer into the
47 mineral leasing fund for use by state agencies, public schools, and
48 political subdivisions of the state as described in subsections (5.3) and
49 (5.4) of this section and for transfer to the higher education federal
50 mineral lease revenues fund created in section 23-19.9-102 (1) (a),
51 C.R.S., the higher education maintenance and reserve fund created in
52 section 23-19.9-102 (2) (a), C.R.S., and the local government permanent
53 fund created in sub-subparagraph (A) of subparagraph (I) of paragraph (a)
54 of subsection (5.3) of this section, as required by this section and section
55 23-19.9-102, C.R.S.
56
1 (B) FOR STATE FISCAL YEARS 2009-10 TO 2020-21, TEN PERCENT
2 OF ALL MONEYS, INCLUDING ANY INTEREST AND INCOME DERIVED
3 THEREFROM, RECEIVED BY THE STATE TREASURER PURSUANT TO THE
4 PROVISIONS OF THE FEDERAL "MINERAL LANDS LEASING ACT" OF
5 FEBRUARY 25, 1920, AS AMENDED, EXCEPT THOSE MONEYS DESCRIBED IN
6 SECTION 34-63-104, SHALL BE DEPOSITED BY THE STATE TREASURER INTO
7 THE COUNTY OF ORIGIN CONSTRUCTION CASH FUND, CREATED IN
8 SUBSECTION (6.5) OF THIS SECTION FOR USE BY COUNTIES AND
9 MUNICIPALITIES OF THE STATE AS DESCRIBED IN SAID SUBSECTION. THE
10 REMAINING NINETY PERCENT OF SAID MONEYS RECEIVED DURING SUCH
11 STATE FISCAL YEARS SHALL BE DEPOSITED BY THE STATE TREASURER INTO
12 THE MINERAL LEASING FUND FOR USE BY STATE AGENCIES, PUBLIC
13 SCHOOLS, AND POLITICAL SUBDIVISIONS OF THE STATE AS DESCRIBED IN
14 SUBSECTIONS (5.3) AND (5.4) OF THIS SECTION AND FOR TRANSFER TO THE
15 HIGHER EDUCATION FEDERAL MINERAL LEASE REVENUES FUND CREATED
16 IN SECTION 23-19.9-102 (1) (a), C.R.S., THE HIGHER EDUCATION
17 MAINTENANCE AND RESERVE FUND CREATED IN SECTION 23-19.9-102 (2)
18 (a), C.R.S., AND THE LOCAL GOVERNMENT PERMANENT FUND CREATED IN
19 SUB-SUBPARAGRAPH (A) OF SUBPARAGRAPH (I) OF PARAGRAPH (a) OF
20 SUBSECTION (5.3) OF THIS SECTION, AS REQUIRED BY THIS SECTION AND
21 SECTION 23-19.9-102, C.R.S.
22
23 (6.5) THE COUNTY OF ORIGIN CONSTRUCTION CASH FUND IS
24 HEREBY CREATED IN THE STATE TREASURY. THE FUND SHALL CONSIST OF
25 ALL MONEYS CREDITED TO THE FUND PURSUANT TO SUB-SUBPARAGRAPH
26 (B) OF SUBPARAGRAPH (II) OF PARAGRAPH (a) OF SUBSECTION (1) OF THIS
27 SECTION. ALL INTEREST EARNED FROM THE INVESTMENT OF MONEYS IN
28 THE FUND SHALL BE CREDITED TO THE FUND. TEN WORKING DAYS AFTER
29 RECEIPT OF THE LAST MONTHLY PAYMENT IN EACH QUARTER, THE STATE
30 TREASURER SHALL DISTRIBUTE ALL MONEYS IN THE FUND AS OF SUCH TIME
31 AMONG THOSE RESPECTIVE COUNTIES OF THIS STATE FROM WHICH THE
32 FEDERAL LEASING MONEY IS DERIVED AND FROM THOSE COUNTIES WHERE
33 ENERGY CONVERSION TAKES PLACE. EIGHTY-FIVE PERCENT OF THE MONEY
34 SHALL BE DISTRIBUTED IN PROPORTION TO THE AMOUNT OF SAID FEDERAL
35 LEASING MONEY DERIVED FROM EACH OF THE RESPECTIVE COUNTIES, AND
36 FIFTEEN PERCENT OF THE MONEY SHALL BE DISTRIBUTED TO COUNTIES
37 WHERE ENERGY CONVERSION TAKES PLACE IN PROPORTION TO THE
38 AMOUNT OF ENERGY THAT IS CONVERTED IN EACH COUNTY. A COUNTY
39 SHALL KEEP A PORTION OF THE MONEYS AND FURTHER DISTRIBUTE THE
40 REMAINDER TO MUNICIPALITIES LOCATED WITHIN THE COUNTY BASED ON
41 THE FORMULA SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH (c) OF
42 SUBSECTION (5.4) OF THIS SECTION. THE COUNTY AND MUNICIPALITIES
43 SHALL USE MONEYS RECEIVED PURSUANT TO THIS SUBSECTION (6.5) FOR
44 THE CONSTRUCTION OF PUBLIC FACILITIES.
45
46 SECTION 2. Safety clause. The general assembly hereby finds,
47 determines, and declares that this act is necessary for the immediate
48 preservation of the public peace, health, and safety.".
49
50

House Journal, January 28
38 HB09-1101 be amended as follows, and as so amended, be referred to
39 the Committee of the Whole with favorable
40 recommendation:
41
42 Amend printed bill, page 2, strike lines 2 through 25.
43
44 Page 3, strike lines 1 through 5.
45
46 Renumber succeeding sections accordingly.
47
48 Page 3, strike line 9 and substitute the following:
49
50 "a person neglects or refuses to make a TIMELY return in payment of the
51 tax or";
52
53 line 10, after "pay", insert "OR CORRECTLY ACCOUNT FOR";
54
55 line 12, after "due", insert "OR NOT ACCOUNTED FOR OR INCORRECTLY
56 ACCOUNTED FOR ON A RETURN";
1 line 14, strike "thereof" and substitute "thereof OF SUCH UNPAID,
2 UNACCOUNTED, OR INCORRECTLY ACCOUNTED AMOUNT";
3
4 line 16, after "interest", insert "IF APPLICABLE".
5
6

House Journal, February 2
1 Amendment No. 1, Finance Report, dated January 27, 2009, and placed
2 in member's bill file; Report also printed in House Journal, January 28,
3 pages 155-156.
4
5 As amended, ordered engrossed and placed on the Calendar for Third
6 Reading and Final Passage.
7

House Journal, January 30
48 HB09-1130 be amended as follows, and as so amended, be referred to
49 the Committee on Appropriations with favorable
50 recommendation:
51
52 Amend printed bill, strike everything below the enacting clause and
53 substitute the following:
54
55 "SECTION 1. 29-2-106 (1), Colorado Revised Statutes, is
56 amended to read:
1 29-2-106. Collection - administration - enforcement. (1) The
2 collection, administration, and enforcement of any countywide or any city
3 or town sales tax adopted pursuant to this article shall be performed by
4 the executive director of the department of revenue in the same manner
5 as the collection, administration, and enforcement of the Colorado state
6 sales tax. Unless otherwise provided in this article, the provisions of
7 article 26 of title 39, C.R.S., shall govern the collection, administration,
8 and enforcement of sales taxes authorized under this article. IN
9 COLLECTING, ADMINISTERING, AND ENFORCING A SALES TAX AUTHORIZED
110 UNDER THIS ARTICLE, THE STATE SALES TAX AUTHORIZED UNDER PART
11 OF ARTICLE 26 OF TITLE 39, C.R.S., OR ANY OTHER SALES TAX IMPOSED
12 WITHIN THE BOUNDARIES OF A COUNTY, THE EXECUTIVE DIRECTOR OF THE
13 DEPARTMENT OF REVENUE MAY ENTER INTO AN INTERGOVERNMENTAL
14 AGREEMENT WITH A COUNTY PURSUANT TO THE PROVISIONS OF SECTION
15 39-26-1212.5, C.R.S., TO ENHANCE SYSTEMIC EFFICIENCIES IN THE
16 COLLECTION OF SUCH TAXES.
17
18 SECTION 2. Part 1 of article 26 of title 39, Colorado Revised
19 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
20 read:
21
22 39-26-122.5. Collection of sales tax - enhanced efficiencies -
23 intergovernmental agreements with local governments - legislative
24 declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES
25 THAT:
26
27 (a) IT IS IN THE BEST INTEREST OF THE STATE, LOCAL
28 GOVERNMENTS, AND TAXPAYERS TO HAVE SALES TAX COLLECTED IN THE
29 MOST EFFICIENT AND EFFECTIVE MANNER FEASIBLE;
30
31 (b) SALES TAXES CAN BE ADMINISTERED AND COLLECTED MOST
32 EFFICIENTLY WHEN THE GOVERNMENTAL ENTITIES THAT COLLECT THE
33 TAXES COOPERATE AND SHARE RESPONSIBILITIES TO COLLECT AND
34 DISTRIBUTE REVENUES FROM THE TAXES;
35
36 (c) THE ADMINISTRATIVE BURDEN ON TAXPAYERS IS LESSENED
37 WHEN GOVERNMENTAL ENTITIES COOPERATE AND AGREE ON THE
38 PROCESSES USED TO ADMINISTER AND COLLECT SALES TAXES;
39
40 (d) BROAD AUTHORITY AND PRECEDENT EXIST FOR
41 GOVERNMENTAL ENTITIES TO OPERATE MORE EFFICIENTLY AND
42 EFFECTIVELY BY CONTRACTING WITH EACH OTHER TO COOPERATE IN
43 CARRYING OUT THEIR RESPECTIVE RESPONSIBILITIES;
44
45 (e) THE PURPOSE OF THIS SECTION IS TO ENCOURAGE THE STATE TO
46 WORK COOPERATIVELY WITH COUNTIES AND OTHER LOCAL GOVERNMENTS
47 IN THE ADMINISTRATION AND COLLECTION OF SALES TAXES IN THE STATE
48 TO ENHANCE EFFICIENCIES AND PROCEDURES FOR THE BENEFIT OF BOTH
49 THE DEPARTMENT OF REVENUE AND LOCAL GOVERNMENTS.
50
51 (2) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE
52 MAY ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ANY
53 COUNTY FOR THE PURPOSE OF ENHANCING THE SYSTEMIC EFFICIENCIES
54 AND PROCEDURES USED IN THE COLLECTION OF STATE AND LOCAL SALES
55 TAXES. SUCH AGREEMENT SHALL BE ENTERED INTO ON BEHALF OF AND
56 FOR THE BENEFIT OF BOTH THE COUNTY AND THE DEPARTMENT. IN
1 ADDITION, A MUNICIPALITY MAY BE INCLUDED AS A PARTY TO THE
2 AGREEMENT TO FURTHER THE SAME EFFICIENCIES AND PROCEDURES TO BE
3 ENHANCED BY THE AGREEMENT BETWEEN THE EXECUTIVE DIRECTOR AND
4 A COUNTY. THE AGREEMENT MAY ALLOW THE PARTIES TO SHARE IN
5 PROVIDING ANY FUNCTION OR SERVICE LAWFULLY AUTHORIZED TO EACH
6 OF THE PARTIES, INCLUDING THE SHARING OF COSTS, INFORMATION, OR
7 DUTIES RELATED TO THE COLLECTION OF SALES TAXES WITHIN THE
8 BOUNDARIES OF THE COUNTY.
9
10 (3) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE
11 SHALL ANNUALLY PROVIDE INFORMATION TO THE FINANCE COMMITTEES
12 OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, OR ANY SUCCESSOR
13 COMMITTEES, ON ANY AGREEMENTS ENTERED INTO IN ACCORDANCE WITH
14 THE PROVISIONS OF THIS SECTION AND ANY ENHANCED EFFECTIVENESS OR
15 PROCEDURES THAT HAVE BEEN ACHIEVED AS RESULT OF THE AGREEMENTS.
16 SUCH INFORMATION SHALL BE INCORPORATED INTO AN EXISTING REPORT
17 PROVIDED ON ANNUAL BASIS BY THE EXECUTIVE DIRECTOR TO THE
18 COMMITTEES.
19
20 SECTION 3. Act subject to petition - effective date. This act
21 shall take effect at 12:01 a.m. on the day following the expiration of the
22 ninety-day period after final adjournment of the general assembly that is
23 allowed for submitting a referendum petition pursuant to article V,
24 section 1 (3) of the state constitution, (August 4, 2009, if adjournment
25 sine die is on May 6, 2009); except that, if a referendum petition is filed
26 against this act or an item, section, or part of this act within such period,
27 then the act, item, section, or part, if approved by the people, shall take
28 effect on the date of the official declaration of the vote thereon by
29 proclamation of the governor.".
30
31

House Journal, March 13
11 HB09-1130 be amended as follows, and as so amended, be referred to
12 the Committee of the Whole with favorable
13 recommendation:
14
15 Amend the Local Government Committee Report, dated January 29,
16 2009, page 1, line 19, strike "39-26-1212.5," and substitute
17 "39-26-122.5,".
18
19

House Journal, January 28
11 HB09-1148 be amended as follows, and as so amended, be referred to
12 the Committee of the Whole with favorable
13 recommendation:
14
15 Amend printed bill, page 2, strike lines 7 through 15 and substitute the
16 following:
17 "AFFAIRS INFORMATION OBTAINED PURSUANT TO THIS SECTION THAT IS
18 NECESSARY TO VERIFY THE INFORMATION SUBMITTED TO THE
19 DEPARTMENT OF LOCAL AFFAIRS PURSUANT TO SECTION 39-29-110 (1) (d)
20 (I) (B) AND THAT IS SUFFICIENT TO ALLOW THE DEPARTMENT OF LOCAL
21 AFFAIRS TO EFFICIENTLY DISTRIBUTE MONEYS AS REQUIRED BY SECTION
22 39-29-110 (1) (c). THE DEPARTMENT SHALL NOT RELEASE ANY
23 INFORMATION TO THE DEPARTMENT OF LOCAL AFFAIRS THAT IS NOT
24 NEEDED TO VERIFY INFORMATION OR DISTRIBUTE MONEYS. WITH THE
25 EXCEPTION OF TAXPAYER CONTACT INFORMATION, ANY INFORMATION
26 PROVIDED TO THE DEPARTMENT OF LOCAL AFFAIRS PURSUANT TO THIS
27 SUBSECTION (18) SHALL REMAIN CONFIDENTIAL, AND ALL PERSONS WITHIN
28 THE DEPARTMENT SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN
29 SUBSECTION (4) OF THIS SECTION AND THE PENALTIES CONTAINED IN
30 SUBSECTION (6) OF THIS SECTION.".
31
32

House Journal, February 2
1 Amendment No. 1, Local Government Report, dated January 27, 2009,
2 and placed in member's bill file; Report also printed in House Journal,
3 January 28, page 158.
4
5 As amended, ordered engrossed and placed on the Calendar for Third
6 Reading and Final Passage.
7

Senate Journal, February 27
After consideration on the merits, the Committee recommends that HB09-1148 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 2, line 18, after "DEPARTMENT", insert "OF
LOCAL AFFAIRS.".

Local
Government
and Energy

House Journal, January 28
7 HB09-1161 be amended as follows, and as so amended, be referred to
8 the Committee of the Whole with favorable
9 recommendation:
10
11 Amend printed bill, page 2, line 7, after "after", insert "EITHER";
12
13 line 9, strike "documentation." and substitute "documentation OR THE
14 DATE THAT AN OWNER OR OPERATOR IS REQUIRED TO FILE A STATEMENT
15 PURSUANT TO SUBSECTION (1) OF THIS SECTION, WHICHEVER IS LATER.".
16
17

House Journal, February 2
21 Amendment No. 1, Agriculture, Livestock, & Natural Resources Report,
22 dated January 27, 2009, and placed in member's bill file; Report also
23 printed in House Journal, January 28, page 149.
24
25 As amended, ordered engrossed and placed on the Calendar for Third
26 Reading and Final Passage.
27

House Journal, February 11
29 HB09-1219 be amended as follows, and as so amended, be referred to
30 the Committee of the Whole with favorable
31 recommendation:
32
33 Amend printed bill, page 2, line 9, after the period, add "FOR PURPOSES
34 OF THIS SUBSECTION (1.5), THE FOLLOWING BURDENS OF PROOF SHALL
35 APPLY:
36
37 (a) IF A TAXPAYER'S TOTAL PAYMENTS ARE LESS THAN OR EQUAL
38 TO TWICE THE AMOUNT OF THE ACTUAL TAX LIABILITY, THEN THE
39 DEPARTMENT SHALL BEAR THE BURDEN OF PROVING, BY A
40 PREPONDERANCE OF THE EVIDENCE, THAT SUCH PAYMENTS WERE NOT
41 MADE INCIDENT TO A BONA FIDE AND ORDERLY DISCHARGE OF AN ACTUAL
42 LIABILITY OR A LIABILITY REASONABLY ASSUMED TO BE IMPOSED BY LAW;
43 AND
44
45 (b) IF A TAXPAYER'S TOTAL PAYMENTS ARE MORE THAN TWICE THE
46 AMOUNT OF THE ACTUAL TAX LIABILITY, THEN THE TAXPAYER SHALL BEAR
47 THE BURDEN OF PROVING, BY A PREPONDERANCE OF THE EVIDENCE, THAT
48 SUCH PAYMENTS WERE MADE INCIDENT TO A BONA FIDE AND ORDERLY
49 DISCHARGE OF AN ACTUAL LIABILITY OR A LIABILITY REASONABLY
50 ASSUMED TO BE IMPOSED BY LAW.";
51
52 strike lines 10 through 21 and substitute the following:
53
54 "SECTION 2. Repeal. 39-22-604 (9), Colorado Revised
55 Statutes, is repealed as follows:
56
1 39-22-604. Withholding tax - requirement to withhold - tax
2 lien - exemption from lien - definitions. (9) The department, after an
3 audit of the annual income tax return of the employee, as otherwise
4 provided for in this section, or in cases of returns which take longer than
5 normal to process for reasons specified in section 39-22-622 (4), shall
6 refund the amount deducted or withheld in excess of the tax liability of
7 the employee, together with interest thereon at the rate imposed under
8 section 39-21-110.5 from the fifteenth day of the seventh month
9 following the close of the employee's taxable year for which the income
10 tax return is filed.";
11
12 line 22, strike "(2)," and substitute "(2) and (4)," and, strike "is" and
13 substitute "are".
14
15 Page 3, after line 17, insert the following:
16
17 "(4) The provisions of subsection (2) of this section shall not
18 apply to any return that is being audited or to any return that may take
19 longer than normal to process due to the mathematical or clerical errors
20 contained in said return or to unforeseen delays caused by the failure of
21 processing equipment. Such determination shall be made in good faith
22 by the department. Any refund attributable to a return which takes longer
23 than normal to process for reasons specified in this subsection (4) shall
24 be subject to the requirements of section 39-22-604 (9).".
25
26

House Journal, February 13
1 Amendment No. 1, Finance Report, dated February 10, 2009, and placed
2 in member's bill file; Report also printed in House Journal, February 11,
3 pages 308-309.
4
5 As amended, ordered engrossed and placed on the Calendar for Third
6 Reading and Final Passage.
7

House Journal, March 5
47 HB09-1288 be amended as follows, and as so amended, be referred to
48 the Committee on Appropriations with favorable
49 recommendation:
50
51 Amend printed bill, page 2, strike lines 5 and 6 and substitute the
52 following:
53
54 "STATE REVENUE AND
55 EXPENDITURE WEB SITE";
56
1 line 12, strike "STATE BUDGET," and substitute "STATE'S FINANCES,";
2
3 line 15, strike "BUDGET";
4
5 line 19, strike "BUDGET DATABASE";
6
7 line 25, strike ""SEARCHABLE BUDGET DATABASE" and substitute ""STATE
8 REVENUE AND EXPENDITURE".
9
10 Page 3, line 7, strike "Searchable budget database" and substitute "State
11 revenue and expenditure web site";
12
13 line 10, strike "BUDGET";
14
15 line 11, strike "REVENUES." and substitute "REVENUES, WHICH SHALL BE
16 KNOWN AS THE STATE REVENUE AND EXPENDITURE WEB SITE.";
17
18 line 12, after "DATA", insert "INCLUDED ON THE WEB SITE";
19
20 line 13, strike "THE DATA" and substitute "THE EXPENDITURE AND
21 REVENUE DATA";
22
23 line 15, after "BY", insert "THE OFFICE ON BEHALF OF";
24
25 line 18, after the period, add "FOR THE 2009-10 STATE FISCAL YEAR, THE
26 STATE REVENUE AND EXPENDITURE WEB SITE SHALL ONLY INCLUDE STATE
27 EXPENDITURE DATA. FOR ALL STATE FISCAL YEARS THEREAFTER, THE WEB
28 SITE SHALL INCLUDE BOTH STATE EXPENDITURE AND REVENUE DATA.";
29
30 line 19, strike "SEARCHABLE BUDGET DATABASE" and substitute "STATE
31 REVENUE AND EXPENDITURE";
32
33 line 24, strike "SEARCHABLE BUDGET DATABASE" and substitute "STATE
34 REVENUE AND EXPENDITURE".
35
36 Page 4, strike lines 6 through 8 and substitute the following:
37
38 "(e) INCLUDE ARCHIVED REVENUE AND EXPENDITURE DATA FOR
39 THE TEN PRIOR STATE FISCAL YEARS; EXCEPT THAT NO DATA SHALL BE
40 REQUIRED FOR THE ANY STATE FISCAL YEAR PRIOR TO JULY 1, 2009, AND
41 FOR THE 2009-10 STATE FISCAL YEAR ONLY, NO STATE REVENUE DATA
42 SHALL BE REQUIRED TO BE ARCHIVED.";
43
44 line 10, strike "SEARCHABLE BUDGET DATABASE" and substitute "STATE
45 REVENUE AND EXPENDITURE".
46
47

House Journal, April 15
8 HB09-1288 be amended as follows, and as so amended, be referred to
9 the Committee of the Whole with favorable
10 recommendation:
11
12 Amend printed bill, page 4, after line 11, insert the following:
13
14 "SECTION 2. Appropriation. In addition to any other
15 appropriation, there is hereby appropriated, out of any moneys in the
16 general fund not otherwise appropriated, to the department of governor
17 � lieutenant governor � state planning and budgeting, for allocation to the
18 Office of Information Technology, for the fiscal year beginning July 1,
19 2009, the sum of seventy-two thousand five hundred dollars ($72,500),
20 or so much thereof as may be necessary, for the implementation of this
21 act.".
22
23 Renumber succeeding section accordingly.
24
25 Page 1, line 104, strike "ACT"." and substitute "ACT", AND MAKING AN
26 APPROPRIATION.".
27
28

House Journal, April 15
52 Amendment No. 1, Finance Report, dated March 4, 2009, and placed in
53 member's bill file; Report also printed in House Journal, March 5,
54 pages 619-620.
55
1 Amendment No. 2, Appropriations Report, dated April 15, 2009, and
2 placed in member's bill file; Report also printed in House Journal,
3 April 15, page 1193.
4
5 As amended, ordered engrossed and placed on the Calendar for Third
6 Reading and Final Passage.
7

Senate Journal, April 30
After consideration on the merits, the Committee recommends that HB09-1288 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, strike everything below the enacting clause and
substitute the following:

"SECTION 1. Title 24, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 72.4
Revenue and Expenditure
Web-based System

24-72.4-101. Legislative declaration. (1) THE GENERAL
ASSEMBLY HEREBY FINDS AND DECLARES THAT:

(a) TAXPAYERS SHOULD BE ABLE TO EASILY ACCESS THE DETAILS
OF THE STATE'S FINANCES, INCLUDING HOW MUCH REVENUE THE STATE
RECEIVES AND HOW THAT REVENUE IS SPENT;

(b) ON APRIL 2, 2009, THE GOVERNOR ISSUED AN EXECUTIVE
ORDER THAT CREATED THE TRANSPARENCY ONLINE PROJECT;

(c) THE TRANSPARENCY ONLINE PROJECT IS A FREE, SEARCHABLE
WEB-BASED SYSTEM PROVIDING EASY ACCESS TO INFORMATION ABOUT
THE STATE'S REVENUES AND EXPENDITURES;

(d) THE TRANSPARENCY ONLINE PROJECT IS AN IMPORTANT FIRST
STEP IN PROVIDING A MORE TRANSPARENT AND ACCOUNTABLE STATE
GOVERNMENT; AND

(e) THE PURPOSE OF THIS LEGISLATION IS TO IMPROVE THE SYSTEM
CREATED BY THE EXECUTIVE ORDER.

(2) NOW, THEREFORE, IT IS THE INTENT OF THE GENERAL
ASSEMBLY THAT THE WEB-BASED SYSTEM ESTABLISHED BY THE
GOVERNOR'S EXECUTIVE ORDER BE MODIFIED AS SET FORTH IN THIS
ARTICLE.

24-72.4-102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
CONTEXT OTHERWISE REQUIRES:

(1) "CHIEF INFORMATION OFFICER" MEANS THE CHIEF
INFORMATION OFFICER APPOINTED PURSUANT TO SECTION 24-37.5-103.

(2) "WEB-BASED SYSTEM" MEANS THE SEARCHABLE WEB-BASED
SYSTEM THAT PROVIDES ACCESS TO DESCRIPTIONS OF REVENUES AND
EXPENDITURES RECORDED IN THE STATE'S OFFICIAL BOOK OF RECORD
THAT, IN ACCORDANCE WITH EXECUTIVE ORDER 007-09, IS DEVELOPED
AND MAINTAINED BY THE CHIEF INFORMATION OFFICER, IN CONSULTATION
WITH THE STATE CONTROLLER.

24-72.4-103. Web-based system - enhancements. (1) NO LATER
THAN JANUARY 1, 2010, THE CHIEF INFORMATION OFFICER SHALL MODIFY
THE WEB-BASED SYSTEM TO MEET THE FOLLOWING REQUIREMENTS:

(a) THE STATE EXPENDITURES AND REVENUES DATA INCLUDED IN
THE WEB-BASED SYSTEM SHALL BE THE EXPENDITURE AND REVENUE DATA
INCLUDED IN THE STATE FINANCIAL SYSTEM DATABASE, COMMONLY
KNOWN AS THE FINANCIAL DATA WAREHOUSE, CREATED BY THE OFFICE OF
INFORMATION TECHNOLOGY ON BEHALF OF THE STATE CONTROLLER
PURSUANT TO THE AUTHORITY SET FORTH IN SECTION 24-30-202;

(b) THE WEB-BASED SYSTEM SHALL BE ACCESSIBLE FROM THE WEB
SITE MAINTAINED BY THE STATE, AND EACH STATE AGENCY WITH A WEB
SITE SHALL PROVIDE A LINK ON THE WEB SITE HOME PAGE TO THE SYSTEM;

(c) THE INFORMATION ON THE WEB-BASED SYSTEM SHALL BE
UPDATED EVERY FIVE BUSINESS DAYS TO INCLUDE NEW EXPENDITURE AND
REVENUE DATA;

(d) THE WEB-BASED SYSTEM SHALL BE AVAILABLE FOR DOWNLOAD
IN A STRUCTURED DATA FORMAT, SUCH AS EXTENSIBLE MARKUP
LANGUAGE

(e) THE WEB-BASED SYSTEM SHALL INCLUDE A METHOD FOR USERS
TO PROVIDE FEEDBACK ABOUT THE SYSTEM;

(f) THE WEB-BASED SYSTEM SHALL INCLUDE ARCHIVED REVENUE
AND EXPENDITURE DATA FOR THE TEN PRIOR STATE FISCAL YEARS; EXCEPT
THAT NO DATA SHALL BE REQUIRED FOR ANY STATE FISCAL YEAR PRIOR TO
JULY 1, 2009, AND, FOR THE 2009-10 STATE FISCAL YEAR ONLY, NO STATE
REVENUE DATA SHALL BE REQUIRED TO BE ARCHIVED; AND

(g) THE WEB-BASED SYSTEM SHALL NOT INCLUDE THE FOLLOWING
INFORMATION:

(I) ANY INFORMATION THAT IS NOT A PUBLIC RECORD; OR

(II) ANY INFORMATION THAT IS CONFIDENTIAL PURSUANT TO
STATE OR FEDERAL LAW.

SECTION 2 Act subject to petition - effective date. This act
shall take effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly that is
allowed for submitting a referendum petition pursuant to article V,
section 1 (3) of the state constitution, (August 4, 2009, if adjournment
sine die is on May 6, 2009); except that, if a referendum petition is filed
against this act or an item, section, or part of this act within such period,
then the act, item, section, or part, if approved by the people, shall take
effect on the date of the official declaration of the vote thereon by
proclamation of the governor.".

Page 1, line 102, strike "FINANCES, AND, IN CONNECTION" and substitute
"FINANCES.";

strike lines 103 and 104.

Finance

Senate Journal, April 15
After consideration on the merits, the Committee recommends that SB09-085 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 3, after line 10, insert the following:

"(3) THE EXEMPTION SET FORTH IN SUBSECTION (2) OF THIS
SECTION SHALL NOT APPLY TO BUSINESS PERSONAL PROPERTY LOCATED IN
A COUNTY IN WHICH THE ASSESSED VALUE OF BUSINESS PERSONAL
PROPERTY FOR A PROPERTY TAX YEAR COMMENCING ON OR AFTER
JANUARY 1, 2010, IS THIRTY PERCENT OR MORE OF THE TOTAL ASSESSED
PROPERTY VALUE IN THE COUNTY FOR THE SAME YEAR. SUCH EXEMPTION
SHALL NOT APPLY TO THE PROPERTY TAX LEVIED BY THE COUNTY OR A
MUNICIPALITY, SPECIAL DISTRICT, OR SCHOOL DISTRICT LOCATED WITHIN
THE COUNTY UNTIL THE FIRST YEAR SUBSEQUENT TO A PROPERTY TAX
YEAR IN WHICH THE ASSESSED VALUE OF BUSINESS PERSONAL PROPERTY
LOCATED IN THE COUNTY IS LESS THAN THIRTY PERCENT OF THE TOTAL
ASSESSED PROPERTY VALUE IN THE COUNTY.".

Appro-
priations

Senate Journal, April 16
After consideration on the merits, the Committee recommends that SB09-085 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 2, line 3, strike "exemption." and substitute
"exemption - repeal.";

line 8, strike "EXCEPT AS OTHERWISE SET FORTH IN PARAGRAPH (b) OF";

line 9, strike "THIS SUBSECTION (2), FOR" and substitute "FOR";

line 10, strike "2009," and substitute "2011,";

line 11, strike "PROPERTY" and substitute "PROPERTY, REGARDLESS OF THE
PROPERTY TAX YEAR IN WHICH SUCH PROPERTY IS FIRST USED IN A
BUSINESS,";

strike lines 14 through 27.

Page 3, strike lines 1 through 10 and substitute the following:

"(I) FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1,
2011, AND THE NEXT THREE PROPERTY TAX YEARS THEREAFTER, ONE
PERCENT;

(II) FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1,
2015, AND THE NEXT THREE PROPERTY TAX YEARS THEREAFTER, THREE
PERCENT

(III) FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1,
2019, AND THE NEXT THREE PROPERTY TAX YEARS THEREAFTER, FOUR
PERCENT;

(IV) FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1,
2023, AND THE NEXT THREE PROPERTY TAX YEARS THEREAFTER, SEVEN
PERCENT;

(V) FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1,
2027, AND THE NEXT THREE PROPERTY TAX YEARS THEREAFTER, ELEVEN
PERCENT;

(VI) FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1,
2031, AND THE NEXT THREE PROPERTY TAX YEARS THEREAFTER, EIGHTEEN
PERCENT

(VII) FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1,
2035, AND THE NEXT THREE PROPERTY TAX YEARS THEREAFTER,
TWENTY-NINE PERCENT

(VIII) FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY
1, 2039, AND THE NEXT THREE PROPERTY TAX YEARS THEREAFTER,
FORTY-SEVEN PERCENT;

(IX) FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1,
2043, AND THE NEXT THREE PROPERTY TAX YEARS THEREAFTER,
SEVENTY-SIX PERCENT; AND

(X) FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1,
2047, AND EACH PROPERTY TAX YEAR THEREAFTER, ONE HUNDRED
PERCENT.

(b) (I) ON OR BEFORE JANUARY 1, 2013, LEGISLATIVE COUNCIL
STAFF SHALL SUBMIT A REPORT TO THE BUSINESS AFFAIRS AND LABOR
COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE BUSINESS,
LABOR, AND TECHNOLOGY COMMITTEE OF THE SENATE, OR ANY
SUCCESSOR COMMITTEES, THAT SETS FORTH THE DECREASE IN REVENUE
FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2011, TO
MUNICIPALITIES, COUNTIES, SPECIAL DISTRICTS, AND SCHOOL DISTRICTS BY
OPERATION OF THE EXEMPTION CREATED IN PARAGRAPH (a) OF THIS
SUBSECTION (2) BASED ON THE CERTIFIED MILL LEVY FOR EACH LOCAL
GOVERNMENT.

(II) THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JANUARY 1,
2014.

(3) THE EXEMPTION SET FORTH IN SUBSECTION (2) OF THIS SECTION
SHALL NOT APPLY TO BUSINESS PERSONAL PROPERTY LOCATED IN A
COUNTY IN WHICH THE ASSESSED VALUE OF BUSINESS PERSONAL
PROPERTY FOR A PROPERTY TAX YEAR COMMENCING ON OR AFTER
JANUARY 1, 2010, IS THIRTY PERCENT OR MORE OF THE TOTAL ASSESSED
PROPERTY VALUE IN THE COUNTY FOR THE SAME YEAR. SUCH EXEMPTION
SHALL NOT APPLY TO THE PROPERTY TAX LEVIED BY THE COUNTY OR A
MUNICIPALITY, SPECIAL DISTRICT, OR SCHOOL DISTRICT LOCATED WITHIN
THE COUNTY UNTIL THE FIRST YEAR SUBSEQUENT TO A PROPERTY TAX
YEAR IN WHICH THE ASSESSED VALUE OF BUSINESS PERSONAL PROPERTY
LOCATED IN THE COUNTY IS LESS THAN THIRTY PERCENT OF THE TOTAL
ASSESSED PROPERTY VALUE IN THE COUNTY.

SECTION 2. 39-4-102 (3), Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:

39-4-102. Valuation of public utilities. (3) (e) BUSINESS
PERSONAL PROPERTY OWNED BY A PUBLIC UTILITY SHALL BE EXEMPT
FROM THE LEVY AND COLLECTION OF PROPERTY TAX PURSUANT TO
SECTION 39-3-118.5 (2). THE VALUE OF THE EXEMPTION SHALL BE
REMOVED FROM THE SYSTEM MARKET VALUE AND SHALL BE DETERMINED
BY APPLYING THE MARKET TO BOOK RATIO TO THE NET OF THE HISTORICAL
COST LESS DEPRECIATION OF THE BUSINESS PERSONAL PROPERTY.".
Renumber succeeding section accordingly.

Senate Journal, April 20
SB09-085 by Senator(s) Scheffel and Williams, Mitchell; also Representative(s) Lambert and Priola,
McNulty--Concerning a property tax exemption for business personal property.

Amendment No. 1, Appropriations Committee Amendment.
(Printed in Senate Journal, April 16, pages 1114-1116 and placed in members' bill files.)

Amendment No. 2(L.014), by Senator Keller.

Amend printed bill, page 3, line 11, strike "This" and substitute
"(1) Except as otherwise set forth in subsection (2) of this section, this";

after line 20, insert the following:

"(2) This act shall not take effect unless a constitutional
amendment is approved by the voters of the state to eliminate the state's
obligation to provide for the establishment and maintenance of a thorough
and uniform system of free public schools throughout the state, as
currently required by section 2 of article IX of the state constitution.".

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

(For further action, see Amendments to the Report of the Committee of the Whole.)

Senate Journal, April 20
SB09-085 by Senator(s) Scheffel and Williams, Mitchell; also Representative(s) Lambert and Priola,
McNulty--Concerning a property tax exemption for business personal property.

Senator Scheffel moved to amend the Report of the Committee of the Whole to
show that the following Keller floor amendment, (L.014) to SB 09-085, did not
pass.

Amend printed bill, page 3, line 11, strike "This" and substitute "(1) Except as
otherwise set forth in subsection (2) of this section, this";

after line 20, insert the following:

"(2) This act shall not take effect unless a constitutional amendment is
approved by the voters of the state to eliminate the state's obligation to provide
for the establishment and maintenance of a thorough and uniform system of free
public schools throughout the state, as currently required by section 2 of article
IX of the state constitution.".

Senate Journal, April 28
After consideration on the merits, the Committee recommends that SB09-085 be
amended as follows, and as so amended, be referred to the Committee of the Whole
with favorable recommendation.
Amend revised bill, strike everything below the enacting clause and
substitute the following:

"SECTION i. Article 2 of title 2, Colorado
Revised Statutes, is amended BY
THE ADDITION OF A NEW PART
to read:

LEGISLATIVE TASK FORCE ON THE BUSINESS
PERSONAL PROPERTY TAX

2-2-1401. Legislative task force on business personal property
tax - creation - duties - repeal. (1) THERE IS HEREBY CREATED THE
LEGISLATIVE TASK FORCE ON THE BUSINESS PERSONAL PROPERTY TAX,
REFERRED TO IN THIS SECTION AS THE "TASK FORCE". THE TASK
FORCE SHALL MEET IN THE INTERIM AFTER THE CONCLUSION OF THE
2009 FIRST REGULAR SESSION OF THE SIXTY-SEVENTH GENERAL
ASSEMBLY. THE TASK FORCE SHALL CONSIST OF:

(a) FIVE MEMBERS FROM THE SENATE, THREE OF WHOM SHALL BE
APPOINTED BY THE PRESIDENT OF THE SENATE AND TWO OF WHOM
SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;

(b) FIVE MEMBERS FROM THE HOUSE OF REPRESENTATIVES, THREE
OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES AND TWO OF WHOM SHALL BE APPOINTED BY THE
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES;

(c) THE PROPERTY TAX ADMINISTRATOR, OR HIS OR HER DESIGNEE;

(d) A REPRESENTATIVE OF THE COLORADO MUNICIPAL LEAGUE,
WHO SHALL BE APPOINTED BY THE GOVERNOR

(e) A REPRESENTATIVE OF COLORADO COUNTIES, INCORPORATED,
WHO SHALL BE APPOINTED BY THE GOVERNOR;

(f) A MEMBER OF A LOCAL CHAMBER OF COMMERCE, WHO SHALL
BE APPOINTED BY THE GOVERNOR;

(g) A REPRESENTATIVE OF A SMALL BUSINESS IN THE STATE, WHO
SHALL BE APPOINTED BY THE GOVERNOR

(h) A REPRESENTATIVE OF A LARGE BUSINESS IN THE STATE, WHO
SHALL BE APPOINTED BY THE GOVERNOR; AND

(i) A MEMBER OF THE PUBLIC WITH EXPERTISE IN TAX POLICY
CHANGES, WHO SHALL BE APPOINTED BY THE GOVERNOR.

(2) THE TASK FORCE SHALL STUDY, BUT NEED NOT LIMIT ITS
CONSIDERATION TO, THE FOLLOWING:

(a) BUSINESS PERSONAL PROPERTY TAX EXEMPTIONS THAT
ELIMINATE OR PHASE OUT THE BUSINESS PERSONAL PROPERTY TAX,
INCLUDING THE EXEMPTIONS CREATED IN THIS SUBSECTION (2);

(b) AN ANALYSIS OF THE CUMULATIVE FISCAL IMPACT OF THE
ELIMINATION ON THE STATE AND LOCAL GOVERNMENTS; AND

(c) METHODS TO REIMBURSE ANY REVENUE LOSSES TO LOCAL
GOVERNMENTS RESULTING FROM THE EXEMPTIONS.

(3) THE TASK FORCE SHALL MEET AT LEAST SIX TIMES, WITH THE
FIRST MEETING OCCURRING NO LATER THAN AUGUST 1, 2009, TASK
FORCE MEETINGS SHALL BE OPEN TO THE PUBLIC, AND THE TASK
FORCE SHALL SOLICIT THE TESTIMONY OF THE MEMBERS OF THE
PUBLIC.

(4) (a) MEMBERS OF THE TASK FORCE SHALL NOT BE
COMPENSATED FOR ATTENDANCE AT TASK FORCE MEETINGS, NOR
SHALL THEY BE ELIGIBLE TO RECEIVE ANY REIMBURSEMENT FOR ANY
EXPENSE INCURRED

(b) THE LEGISLATIVE COUNCIL STAFF AND THE OFFICE OF
LEGISLATIVE LEGAL SERVICES SHALL NOT BE AVAILABLE TO ASSIST
THE TASK FORCE IN CARRYING OUT ITS DUTIES.

(5) No later than November 1, 2009, the task force may make a
report to the general assembly that includes recommendations for
legislation.

(6) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2010.

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, strike lines 101 and 102 and substitute the following:
"CONCERNING THE CREATION OF A LEGISLATIVE TASK FORCE TO
STUDY PROPERTY TAX EXEMPTION FOR BUSINESS PERSONAL
PROPERTY.".

Appro-
priations

House Journal, May 4
17 SB09-085 be amended as follows, and as so amended, be referred to
18 the Committee of the Whole with favorable
19 recommendation:
20
21 Amend reengrossed bill, page 2, line 6, after "on", insert "the";
22
23 line 10, strike "2009";
24
25 line 21, strike "LEAGUE," and substitute "LEAGUE;";
26
27 strike line 22;
28
29 line 23, strike "INCORPORATED," and substitute "INCORPORATED;";
30
31 strike line 24.
32
33 Page 3, line 4, strike "POLICY";
34
35 line 5, strike "CHANGES," and substitute "POLICY,";
36
37 line 9, strike "TAX,"; and substitute "TAX;";
38
39 strike line 10;
40
41 line 12, strike "ELIMINATION" and substitute "EXEMPTIONS".
42
43 Page 1, line 101, after "STUDY", insert "A".
44
45

House Journal, May 4
1 Amendment No. 1, Business Affairs & Labor Report, dated May 1, 2009,
2 and placed in member's bill file; Report also printed in House Journal,
3 May 4, page 1689.
4
5 As amended, ordered revised and placed on the Calendar for Third
6 Reading and Final Passage.
7

Senate Journal, February 18
After consideration on the merits, the Committee recommends that SB09-098 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, line 6, strike "SUCH" and substitute "IN
ACCORDANCE WITH SECTION 39-27-104 (1) (d.5), SUCH";

after line 13, insert the following:

"SECTION 3. 39-27-104 (1), Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:

39-27-104. License and deposit - exception. (1) (d.5) NO
PERSON SHALL BLEND EXEMPT DYED DIESEL FUEL WITH BIODIESEL FUEL
AFTER WITHDRAWAL AT A TERMINAL RACK OR REFINERY RACK UNLESS
SUCH PERSON IS A LICENSED BLENDER IN ACCORDANCE WITH PARAGRAPH
(d) OF THIS SUBSECTION (1) WHO HAS A VALID FEDERAL BLENDING PERMIT.
ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS PARAGRAPH (d.5) OR
THE REPORTING OR OTHER REQUIREMENTS OF THIS SECTION RELATING TO
SUCH BLENDING OR WHO MISREPRESENTS THE AMOUNT OF BIODIESEL FUEL
THAT IS BLENDED WITH DYED DIESEL FUEL SHALL BE SUBJECT TO THE
FOLLOWING CIVIL PENALTIES:

(I) A FIVE-THOUSAND-DOLLAR FINE FOR THE FIRST VIOLATION;

(II) A TEN-THOUSAND-DOLLAR FINE FOR THE SECOND OR
SUBSEQUENT VIOLATION; AND

(III) IN ACCORDANCE WITH RULES PROMULGATED PURSUANT TO
THE "STATE ADMINISTRATIVE PROCEDURE ACT", ARTICLE 4 OF TITLE 24,
C.R.S., REVOCATION OF ANY LICENSE ISSUED IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION FOR THE THIRD VIOLATION.

SECTION 4. 39-27-109.7, Colorado Revised Statutes, is
amended to read:

39-27-109.7. Data collection services. In order to track the
movement of gasoline or special fuel within this state and thereby
facilitate and expedite the collection of excise taxes imposed pursuant to
this part 1, the executive director of the department of revenue may enter
into a contract with one or more private entities for the provision of a
computer-based program to monitor and track the data that licensees are
required to report to the department pursuant to this part 1. Such
computer-based program shall be funded solely with moneys from the
highway users tax fund; EXCEPT THAT, FOR THE STATE FISCAL YEAR
2009-10, UP TO THIRTY-SEVEN THOUSAND SIX HUNDRED THIRTY DOLLARS
FOR THE COMPUTER-BASED PROGRAM TO MONITOR AND TRACK EXEMPT
DYED DIESEL FUEL THAT IS BLENDED WITH BIODIESEL FUEL AFTER
WITHDRAWAL AT A TERMINAL RACK OR REFINERY RACK PURSUANT TO
SECTION 39-27-102.5 (2) (a) MAY BE FUNDED BY MONEYS RECEIVED BY
THE GOVERNOR'S ENERGY OFFICE CREATED IN SECTION 24-38.5-101,
C.R.S., FROM THE UNITED STATES DEPARTMENT OF ENERGY.".

Renumber succeeding section accordingly.

Senate Journal, March 13
After consideration on the merits, the Committee recommends that SB09-098 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 3, before line 14, insert the following:

"SECTION 3. Appropriation. In addition to any other
appropriation, there is hereby appropriated, to the department of revenue
for allocation to the information technology division, for the fiscal year
beginning July 1, 2009, the sum of thirty-seven thousand six hundred
thirty dollars ($37,630) federal funds, or so much thereof as may be
necessary, for the implementation of this act. Said sum shall be from
moneys received by the governor's energy office from the United States
department of energy.".

Renumber succeeding section accordingly.

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

Appro-
priations

House Journal, April 1
31 SB09-098 be amended as follows, and as so amended, be referred to
32 the Committee of the Whole with favorable
33 recommendation:
34
35 Amend reengrossed bill, page 3, line 8, strike "SUCH EXEMPT";
36
37 line 11, strike "BLEND AND STILL" and substitute "BLEND. SUCH BLENDED
38 SPECIAL FUEL SHALL";
39
40 line 12, strike "1." and substitute "1, SO LONG AS IT IS PURCHASED FOR THE
41 PURPOSES SET FORTH IN THIS PARAGRAPH (a).".
42
43

House Journal, April 7
33 Amendment No. 1, Transportation & Energy Report, dated
34 March 31, 2009, and placed in member's bill file; Report also printed in
36
37 Amendment No. 2, by Representative(s) Vigil.
38
39 Amend reengrossed bill, page 4, strike lines 26 and 27.
40
41 Page 5, strike lines 1 through 6 and substitute the following:
42
43 "SECTION 5. Appropriation. The general assembly anticipates
44 that, for the fiscal year beginning July 1, 2009, the information
45 technology division of the department of revenue will receive the sum of
46 thirty-seven thousand six hundred thirty dollars ($37,630) in federal
47 funds, or so much thereof as may be necessary, from the governor's
48 energy office for the implementation of this act. Although these funds are
49 not appropriated in this act, they are noted for the purpose of indicating
50 the assumptions used relative to these funds.".
51
52 As amended, ordered revised and placed on the Calendar for Third
53 Reading and Final Passage.
54
55

Senate Journal, January 30
After consideration on the merits, the Committee recommends that SB09-106 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 5, line 3, strike "six" and substitute "six TEN".

Date: January 29, 2009

Mr. President:

The Committee on Agriculture, Natural Resources, and Energy has had under
consideration and has had a hearing on the following appointments and recommends that
the appointments be confirmed:

MEMBERS OF THE
COLORADO WATER RESOURCES
AND POWER DEVELOPMENT AUTHORITY

for terms expiring October 1, 2011:

Frank J. Kugel of Gunnison, Colorado to serve as a member from the
Gunnison-Uncompahgre drainage basin, and with experience in water law, appointed;

Ty H. Wattenberg of Walden, Colorado to serve as a member from the North Platte
drainage basin, appointed.

for a term expiring October 1, 2012:

Gregory C. Fisher of Denver, Colorado to fill the vacancy occasioned by the resignation of
Barbara J. Green of Denver, Colorado, and to serve as a member from the city and county
of Denver who is familiar with its water problems, and with experience in the planning and
developing of water projects, appointed.

Senate Journal, February 4
SB09-108 by Senator(s) Gibbs; also Representative(s) Rice--Concerning the improvement of the
transportation system of the state, and, in connection therewith, providing additional sources
of funding for transportation and modifying the transportation planning process.

Amendment No. 1, Finance Committee Amendment.
(Printed in Senate Journal, January 30, 2009, page 144 and placed in members' bill files.)

Amendment No. 2(L.019), by Senator Shaffer B.

Amend printed bill, page 78, after line 4, insert the following:

"SECTION 5. 42-4-510 (1) (b) (II) (A), (1) (b) (II) (B), and (11)
(a) (VI) (B), Colorado Revised Statutes, are amended, and the said
42-4-510 (11) (a) (VI) is further amended BY THE ADDITION OF THE
FOLLOWING NEW SUB-SUBPARAGRAPHS, to read:

42-4-510. Permits for excess size and weight and for
manufactured homes - rules. (1) (b) (II) An overweight permit issued
pursuant to this section shall be available for overweight divisible loads
if:

(A) The vehicle has a quad axle grouping AND THE MAXIMUM
GROSS WEIGHT OF THE VEHICLE DOES NOT EXCEED ONE HUNDRED TEN
THOUSAND POUNDS; OR

(B) The VEHICLE HAS A TRIPLE AXLE GROUPING ON THE TRAILER
AND THE maximum gross weight OF THE VEHICLE does not exceed one
hundred ten NINETY-SEVEN thousand pounds; AND

(11) (a) The department of transportation, the motor carrier
services division of the department of revenue, or the Colorado state
patrol may charge permit applicants permit fees as follows:

(VI) For overweight permits for divisible vehicles or loads
exceeding legal weight limits issued pursuant to subparagraph (II) of
paragraph (b) of subsection (1) of this section:

(B) Single trip permit FOR A VEHICLE THAT HAS A QUAD AXLE
GROUPING, thirty dollars plus ten dollars per axle; and

(D) SIX-MONTH PERMIT FOR A VEHICLE THAT HAS A TRIPLE AXLE
GROUPING ON THE TRAILER, TWO HUNDRED FIFTY DOLLARS; AND

(E) SINGLE TRIP PERMIT FOR A VEHICLE THAT HAS A TRIPLE AXLE
GROUPING ON THE TRAILER, FIFTEEN DOLLARS PLUS TEN DOLLARS PER
AXLE.".

Renumber succeeding sections accordingly.

Amendment No. 3(L.036), by Senator Gibbs.

Amend printed bill, page 9, line 14, strike "A" and substitute "EVERY";

strike lines 21 and 22 and substitute the following:

"DEFICIENT OR FUNCTIONALLY OBSOLETE, AND HAS BEEN RATED BY THE
DEPARTMENT AS POOR, AS OF JANUARY 1, 2009, OR IS SUBSEQUENTLY SO
IDENTIFIED AND RATED BY THE DEPARTMENT.".

Amendment No. 4(L.039), by Senator Gibbs.

Amend printed bill, page 37, line 10, strike "(a)";

line 12, strike "(I)" and substitute "(a)";

line 21, strike "(II)" and substitute "(b)";

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

Page 38, line 2, strike "INCLUDED IN THE";

strike line 3;

line 4, strike "43-1-1103 (5),";

strike lines 10 through 27.

Page 39, strike line 12 and substitute the following:

"DUTIES. THE GOVERNOR SHALL APPOINT ONE MEMBER WHO RESIDES
WITHIN THE PLANNING AREA OF THE DENVER REGIONAL COUNCIL OF
GOVERNMENTS, ONE MEMBER WHO RESIDES WITHIN THE PLANNING AREA
OF THE PIKES PEAK AREA COUNCIL OF GOVERNMENTS, ONE MEMBER WHO
RESIDES WITHIN THE PLANNING AREA OF THE NORTH FRONT RANGE
METROPOLITAN PLANNING ORGANIZATION, AND ONE MEMBER WHO
RESIDES WITHIN THE INTERSTATE 70 MOUNTAIN CORRIDOR.".

Page 50, after line 22, insert the following:

(9) (a) THE TRANSPORTATION ENTERPRISE SHALL NOT SUPPLANT
OR DUPLICATE THE SERVICES PROVIDED BY ANY PUBLIC MASS TRANSIT
OPERATOR, AS DEFINED IN SECTION 43-1-102 (5), RAILROAD, PUBLIC
HIGHWAY AUTHORITY CREATED PURSUANT TO PART 5 OF THIS ARTICLE, OR
REGIONAL TRANSPORTATION AUTHORITY CREATED PURSUANT TO PART
OF THIS ARTICLE EXCEPT AS DESCRIBED IN DETAIL IN AN
INTERGOVERNMENTAL AGREEMENT OR OTHER CONTRACTUAL AGREEMENT
ENTERED INTO BY THE TRANSPORTATION ENTERPRISE AND THE OPERATOR,
RAILROAD, OR AUTHORITY. THE CREATION OF AND UNDERTAKING OF
SURFACE TRANSPORTATION INFRASTRUCTURE PROJECTS BY THE
TRANSPORTATION ENTERPRISE PURSUANT TO THIS PART 8 IS NOT INTENDED
TO DISCOURAGE ANY COMBINATION OF LOCAL GOVERNMENTS FROM
FORMING A PUBLIC HIGHWAY AUTHORITY OR A REGIONAL
TRANSPORTATION AUTHORITY.

(b) MONEYS MADE AVAILABLE FOR ANY SURFACE
TRANSPORTATION INFRASTRUCTURE PROJECT PURSUANT TO THIS PART
SHALL NOT BE USED TO SUPPLANT EXISTING OR BUDGETED DEPARTMENT
FUNDING FOR ANY PORTION OF THE STATE HIGHWAY SYSTEM WITHIN THE
TERRITORY OF ANY TRANSPORTATION PLANNING REGION, AS DEFINED IN
SECTION 43-1-1102 (8), THAT INCLUDES ANY PORTION OF THE PROJECT.".

Renumber succeeding subsection accordingly.

Amendment No. 5(L.040), by Senator Gibbs.

Amend printed bill, page 50, strike lines 13 through 22 and substitute the
following:

"(b) IN ORDER TO ENSURE THAT THE LIMITED RESOURCES
AVAILABLE FOR THE COMPLETION OF MAJOR SURFACE TRANSPORTATION
INFRASTRUCTURE PROJECTS ARE ALLOCATED ONLY TO PROJECTS DEEMED
ESSENTIAL BY ALL IMPACTED METROPOLITAN PLANNING ORGANIZATIONS
AND OTHER TRANSPORTATION PLANNING REGIONS, EVERY METROPOLITAN
PLANNING ORGANIZATION OR OTHER TRANSPORTATION PLANNING REGION
THAT INCLUDES TERRITORY IN WHICH ALL OR ANY PORTION OF A PROPOSED
SURFACE TRANSPORTATION INFRASTRUCTURE PROJECT THAT WILL ADD
SUBSTANTIAL TRANSPORTATION CAPACITY OR SIGNIFICANTLY ALTER
TRAFFIC PATTERNS IS TO BE COMPLETED SHALL HAVE THE RIGHT TO
PARTICIPATE IN THE PLANNING AND DEVELOPMENT, AND APPROVE THE
COMPLETION, OF THE PROJECT. THE RIGHT OF PARTICIPATION SHALL
EXTEND, WITHOUT LIMITATION, TO DECISIONS REGARDING THE SCOPE OF
THE PROJECT, THE TYPE OF SURFACE TRANSPORTATION INFRASTRUCTURE
TO BE PROVIDED, PROJECT FINANCING, ALLOCATION OF PROJECT
REVENUES, AND THE MANNER IN WHICH ANY USER FEES ARE TO BE
IMPOSED. A SURFACE TRANSPORTATION INFRASTRUCTURE PROJECT SHALL
NOT PROCEED PAST THE PLANNING STAGE UNTIL ALL METROPOLITAN
PLANNING ORGANIZATIONS ENTITLED TO PARTICIPATE IN THE PLANNING,
DEVELOPMENT, AND APPROVAL PROCESS, INCLUDING THE
TRANSPORTATION ENTERPRISE AND ANY PARTNER OF THE ENTERPRISE
UNDER THE TERMS OF A PUBLIC-PRIVATE PARTNERSHIP, HAVE APPROVED
THE PROJECT.".

Page 66, strike line 10 and substitute the following:

"REVENUES FOR COST-EFFECTIVE MULTIMODAL TRANSPORTATION
PROJECTS THAT PROMOTE MOBILITY, REDUCTIONS IN EMISSIONS OF
GREENHOUSE GASES, AND ENERGY EFFICIENCY.".

Amendment No. 6(L.025), by Senator Gibbs.

Amend printed bill, page 7, strike lines 11 through 17.

Reletter succeeding paragraph accordingly.

Page 11, strike line 27.

Page 12, strike lines 1 and 2.

Renumber succeeding subsections accordingly.

Page 67, strike lines 11 through 27.

Strike pages 68 through 74.

Page 75, strike lines 1 through 23.

Renumber succeeding C.R.S. section accordingly.

Page 82, line 2, strike "43-4-803 (23);" and substitute "43-4-803 (21);";

line 5, strike "43-4-811," and substitute "43-4-810,".

Page 83, line 4, strike "43-4-803 (23)." and substitute "43-4-803 (21).".
Page 84, line 1, strike "43-4-803 (23)." and substitute "43-4-803 (21).".

Amendment No. 7(L.023), by Senator Hodge.

Amend the Finance Committee Report, dated January 29, 2009, page 1,
strike lines 1 and 2 and substitute the following:

"Amend printed bill, page 14, strike lines 24 and 25 and substitute the
following:

"SUBPARAGRAPHS (IV) AND (V) OF THIS PARAGRAPH (a), THE AMOUNT OF
THE SURCHARGE SHALL BE:".";

strike line 17 of the committee report and substitute the following:

"Page 19, strike line 27.

Page 20, strike lines 1 though 17.

Page 28, strike lines 20 through 27.

Renumber succeeding subparagraphs accordingly.".

Page 2 of the committee report, line 2, strike ""(VII)" and substitute
""(VI)".

Amendment No. 8(L.022), by Senator Hodge.

Amend printed bill, page 55, line 22, strike "limitations." and substitute
"prohibition on tolling of existing toll-free lanes.".

Page 65, strike lines 21 through 27.

Page 66, strike lines 1 through 5.

Reletter succeeding paragraphs accordingly.

Page 66, after line 10, insert the following:

"(4) A TOLL HIGHWAY OPERATED BY THE TRANSPORTATION
ENTERPRISE OR OPERATED BY ANY PARTNER OF THE ENTERPRISE UNDER
THE TERMS OF A PUBLIC-PRIVATE PARTNERSHIP MAY NOT ELIMINATE
PREVIOUSLY EXISTING HIGHWAY LANES THAT HAVE SERVED VEHICULAR
TRAFFIC ON A TOLL-FREE BASIS EXCEPT PURSUANT TO SECTION 42-4-1012,
C.R.S.".

Amendment No. 9(L.030), by Senator Hodge.

Amend printed bill, page 18, strike lines 16 though 25 and substitute the
following:

(c) (I) A SUPPLEMENTAL OVERSIZE AND OVERWEIGHT VEHICLE
SURCHARGE IN AN AMOUNT EQUAL TO THE AMOUNT OF THE FEE CHARGED
PURSUANT TO SECTION 42-4-510 (11) (a), C.R.S., BY THE DEPARTMENT,
THE MOTOR CARRIER SERVICES DIVISION OF THE DEPARTMENT OF
REVENUE, OR THE COLORADO STATE PATROL FOR THE ISSUANCE OF THE
SINGLE TRIP PERMIT; EXCEPT THAT THE SURCHARGE SHALL NOT BE
IMPOSED ON A VEHICLE IF THE SINGLE TRIP PERMIT FEE WAS IMPOSED
PURSUANT TO SECTION 42-4-510 (11) (a) (VI) (B), C.R.S.";

line 26, strike "A LONGER VEHICLE COMBINATION OR" and substitute "AN";

line 27, after "VEHICLE", insert "SINGLE TRIP".

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

"SUPPLEMENTAL OVERSIZE AND OVERWEIGHT VEHICLE SURCHARGE AT THE
SAME TIME AS IT COLLECTS THE SINGLE TRIP PERMIT FEE. THE AGENCY
SHALL FORWARD ALL SUPPLEMENTAL OVERSIZE AND OVERWEIGHT
VEHICLE SURCHARGES TO THE".

Senate Journal, February 4

House Journal, February 19
14 SB09-108 be amended as follows, and as so amended, be referred to
15 the Committee on Appropriations with favorable
16 recommendation:
17
18 Amend reengrossed bill, page 5, line 16, after "FEES", insert "AT RATES
19 REASONABLY CALCULATED BASED ON THE BENEFITS RECEIVED BY THE
20 PERSONS PAYING THE FEES".
21
22 Page 8, line 7, strike "SURPLUS FUNDS" and substitute "SURPLUS FUNDS,".
23
24 Page 10, line 27, strike the second "43-4-805".
25
26 Page 11, line 9, after "FACILITIES,", insert "TRAFFIC DEMAND
27 MANAGEMENT FACILITIES AND SERVICES,".
28
29 Page 14, line 15, after "IMPOSED", insert "FOR ANY REGISTRATION PERIOD
30 THAT COMMENCES ON OR AFTER JULY 1, 2009,".
31
32 Page 18, line 6, strike "ARRANGEMENTS," and substitute
33 "ARRANGEMENT,";
34
35 line 16, strike "TWELVE HOURS OR LESS; AND" and substitute "SIX HOURS
36 OR LESS;";
37
38 line 17, strike "ONE-HALF" and substitute "THREE-QUARTERS";
39
40 line 21, strike "COUNTY." and substitute "COUNTY;
41
42 (E) FUEL AND FULL INSURANCE COVERAGE ARE INCLUDED IN THE
43 MEMBER USAGE RATES; AND
44
45 (F) PASSENGER VEHICLES PROVIDED BY THE ORGANIZATION ARE
46 STATIONED IN SELF-SERVE LOCATIONS THROUGHOUT THE COUNTY OR
47 MUNICIPALITY IN WHICH THE ORGANIZATION DOES BUSINESS.".
48
49 Page 19, line 8, strike "DEPARTMENT OF REVENUE," and substitute
50 "DEPARTMENT,";
51
52 line 9, strike "OF REVENUE";
53
54 line 15, strike "THIRTY" and substitute "NINETY";
55
56 line 22, strike "THIRTY-DAY" and substitute "NINETY-DAY".
1 Page 20, line 20, strike "IN AN";
2
3 line 21, strike "EQUITABLE MANNER AMONG PERSONS" and substitute "IN
4 A MANNER BASED ON THE BENEFITS RECEIVED BY PERSONS PAYING THE
5 FEES AND".
6
7 Page 23, strike line 6 and substitute the following:
8
9 "IMPOSED AND AT RATES REASONABLY CALCULATED BASED ON THE
10 BENEFITS RECEIVED BY SUCH PERSONS.".
11
12 Page 25, line 5, strike "WHEN" and substitute "AS";
13
14 line 6, strike "BOND PROCEEDS OR REVENUES," and substitute "REVENUES
15 IN EXCESS OF EXPENSES,";
16
17 line 7, strike "FULL" and substitute "PRINCIPAL".
18
19 Page 26, line 16, after "2009,", insert "FOR ANY REGISTRATION PERIOD
20 THAT COMMENCES ON OR AFTER JULY 1, 2009,";
21
22 line 17, after "ENTERPRISE,", insert "FOR ANY REGISTRATION PERIOD THAT
23 COMMENCES ON OR AFTER THE LATER DATE,".
24
25 Page 30, line 24, strike "RECEIVED BY THE STATE FROM";
26
27 strike line 25 and substitute the following:
28
29 "LOAN CONTRACTS ENTERED INTO BY THE STATE AND THE BRIDGE
30 ENTERPRISE PURSUANT".
31
32 Page 31, line 6, after "(5)", insert "AND ANY OTHER LEGALLY AVAILABLE
33 MONEYS OF THE BRIDGE ENTERPRISE";
34
35 strike line 7 and substitute the following:
36
37 "BORROWED AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS OF
38 THE LOAN CONTRACT.";
39
40 line 17, strike "ENTERPRISE" and substitute "ENTERPRISE, OR LENDING A
41 LESSER AMOUNT OF MONEYS TO THE ENTERPRISE,";
42
43 line 19, strike "PERSONNEL," and substitute "PERSONNEL AND THE STATE
44 TREASURER,";
45
46 line 21, after "SELL", insert "OR LEASE";
47
48 line 25, after "(r).", add "WHEN PROVIDING THE LIST, THE GOVERNOR
49 SHALL ALSO SPECIFY TO THE STATE TREASURER THE MAXIMUM PERMITTED
50 PRINCIPAL AMOUNT OF ANY LOAN THAT MAY BE MADE TO THE BRIDGE
51 ENTERPRISE UNDER THE TERMS OF ANY LOAN CONTRACT THAT THE STATE,
52 ACTING BY AND THROUGH THE STATE TREASURER, MAY ENTER INTO
53 PURSUANT TO SUB-SUBPARAGRAPH (A) OF SUBPARAGRAPH (III) OF THIS
54 PARAGRAPH (r).";
55
56 line 26, strike "TREASURER, IN THE STATE TREASURER'S";
1 strike line 27.
2
3 Page 32, strike lines 1 through 6 and substitute the following:
4
5 "TREASURER RECEIVES A LIST FROM THE GOVERNOR PURSUANT TO
6 SUBPARAGRAPH (II) OF THIS PARAGRAPH (r), THE STATE, ACTING BY AND
7 THROUGH THE STATE TREASURER, MAY ENTER INTO A LOAN CONTRACT
8 WITH THE BRIDGE ENTERPRISE AND MAY RAISE THE MONEY NEEDED TO
9 MAKE A LOAN PURSUANT TO THE TERMS OF THE LOAN CONTRACT BY
10 SELLING OR LEASING ONE OR MORE OF THE";
11
12 line 7, strike "LIST";
13
14 strike lines 8 and 9 and substitute the following:
15
16 "LIST. THE STATE TREASURER SHALL HAVE SOLE DISCRETION TO ENTER
17 INTO A LOAN CONTRACT ON BEHALF OF THE STATE AND TO DETERMINE THE
18 AMOUNT OF A LOAN; EXCEPT THAT THE PRINCIPAL AMOUNT OF A LOAN
19 SHALL NOT EXCEED THE MAXIMUM AMOUNT SPECIFIED BY THE GOVERNOR
20 PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH (r). THE STATE
21 TREASURER SHALL ALSO HAVE SOLE DISCRETION TO DETERMINE THE
22 TIMING OF THE ENTRY OF THE STATE INTO ANY LOAN CONTRACT OR THE
23 SALE OR LEASE OF ONE OR MORE STATE BUILDINGS OR OTHER STATE
24 CAPITAL FACILITIES. THE LOAN CONTRACT SHALL";
25
26 line 10, strike "ENTERPRISE TO PLEDGE", and substitute "BRIDGE
27 ENTERPRISE TO PLEDGE TO THE STATE";
28
29 line 13, after "PLEDGE", insert "TO THE STATE";
30
31 line 14, after "ENTERPRISE.", add "ANY LOAN CONTRACT ENTERED INTO
32 BY THE STATE, ACTING BY AND THROUGH THE STATE TREASURER, AND THE
33 BRIDGE ENTERPRISE PURSUANT TO THIS SUB-SUBPARAGRAPH (A) AND ANY
34 PLEDGE OF REVENUES BY THE ENTERPRISE PURSUANT TO SUCH A LOAN
35 CONTRACT SHALL BE ONLY FOR THE BENEFIT OF, AND ENFORCEABLE ONLY
36 BY, THE STATE AND THE ENTERPRISE. SPECIFICALLY, BUT WITHOUT
37 LIMITING THE GENERALITY OF SAID LIMITATION, NO SUCH LOAN CONTRACT
38 OR PLEDGE SHALL BE FOR THE BENEFIT OF, OR ENFORCEABLE BY, A LESSOR
39 UNDER A LEASE-PURCHASE AGREEMENT ENTERED INTO PURSUANT TO THIS
40 SUBPARAGRAPH (III), AN OWNER OF ANY INSTRUMENT EVIDENCING RIGHTS
41 TO RECEIVE RENTALS OR OTHER PAYMENTS MADE AND TO BE MADE UNDER
42 SUCH A LEASE-PURCHASE AGREEMENT AS AUTHORIZED BY
43 SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (IV) OF THIS PARAGRAPH (r),
44 A PARTY TO ANY ANCILLARY AGREEMENT OR INSTRUMENT ENTERED INTO
45 PURSUANT TO SUBPARAGRAPH (V) OF THIS PARAGRAPH (r), OR A PARTY TO
46 ANY INTEREST RATE EXCHANGE AGREEMENT ENTERED INTO PURSUANT TO
47 SUB-SUBPARAGRAPH (A) OF SUBPARAGRAPH (VII) OF THIS PARAGRAPH
48 (r).";
49
50 line 15, strike "STATE" and substitute "STATE, ACTING BY AND THROUGH
51 THE STATE TREASURER,";
52
53 strike line 16 and substitute the following:
54
55 "AGREEMENTS WITH RESPECT TO THE STATE BUILDINGS OR OTHER CAPITAL
56 FACILITIES SOLD OR LEASED PURSUANT TO SUB-SUBPARAGRAPH (A) OF
1 THIS";
2
3 line 18, strike "LESSOR,";
4
5 strike lines 19 and 20 and substitute the following:
6
7 "LESSOR.";
8
9 line 22, strike "(A)" and substitute "(B)";
10
11 line 27, strike "(A)" and substitute "(B)".
12
13 Page 33, line 10, strike "(A)" and substitute "(B)";
14
15 line 14, strike "(A)" and substitute "(B)";
16
17 line 21, strike "AGREEMENT." and substitute "LEASE-PURCHASE
18 AGREEMENT UPON PAYMENT OF ALL AMOUNTS PAYABLE UNDER THE
19 TERMS OF THE LEASE-PURCHASE AGREEMENT AND ANY AMOUNT REQUIRED
20 TO BE PAID TO REMOVE LIENS OR ENCUMBRANCES ON OR CLAIMS WITH
21 RESPECT TO THE PROPERTY THAT IS THE SUBJECT OF THE LEASE-PURCHASE
22 AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LIENS, ENCUMBRANCES, OR
23 CLAIMS RELATING TO ANY ANCILLARY AGREEMENT OR INSTRUMENT
24 ENTERED INTO PURSUANT TO SUB-SUBPARAGRAPH (A) OF SUBPARAGRAPH
25 (VII) OF THIS PARAGRAPH (r).";
26
27 line 26, strike "(A)" and substitute "(B)".
28
29 Page 34, line 17, strike "(A)" and substitute "(B)";
30
31 line 23, strike "(A)" and substitute "(B)";
32
33 line 25, strike "GROUND".
34
35 Page 35, line 1, strike "SECTION." and substitute "PARAGRAPH (r).";
36
37 line 4, strike "(A)" and substitute "(B)";
38
39 line 5, after "INSTRUMENT", insert "OR INTEREST RATE EXCHANGE
40 AGREEMENT";
41
42 line 6, after "(V)", insert "OR SUB-SUBPARAGRAPH (A) OF SUBPARAGRAPH
43 (VII)";
44
45 line 9, strike "AGREEMENT";
46
47 strike line 10 and substitute the following:
48
49 "AGREEMENT, ANCILLARY AGREEMENT OR INSTRUMENT, OR INTEREST
50 RATE EXCHANGE AGREEMENT MAY BE WAIVED BY THE";
51
52 line 13, strike "(A)" and substitute "(B)";
53
54 line 15, after "INCREASES,", insert "THE LESSOR UNDER ANY
55 LEASE-PURCHASE AGREEMENT OR";
56
1 line 17, strike "PURSUANT TO" and substitute "IN ACCORDANCE WITH";
2
3 line 19, strike "(A)" and substitute "(B)".
4
5 Page 36, line 8, strike "(r); AND" and substitute "(r).".
6
7 Page 39, line 7, strike "09-____," and substitute "09-108,".
8
9 Page 42, line 22, strike "BRIDGE" and substitute "TRANSPORTATION";
10
11 line 24, strike "WHEN" and substitute "AS";
12
13 line 25, strike "BOND PROCEEDS OR REVENUES," and substitute "REVENUES
14 IN EXCESS OF EXPENDITURES,";
15
16 line 26, strike "FULL" and substitute "PRINCIPAL".
17
18 Page 43, line 18, strike "TO PAY A PROPORTIONAL";
19
20 strike line 19 and substitute the following:
21
22 "FROM EACH SURFACE TRANSPORTATION INFRASTRUCTURE PROJECT IN
23 PROPORTION TO THE TOTAL AMOUNT OF SUCH REVENUES GENERATED BY
24 THE PROJECT TO PAY OVERHEAD OF THE TRANSPORTATION ENTERPRISE.".
25
26 Page 58, line 23, before "EITHER", insert "OR THE ENTERPRISE'S
27 COLLECTION DESIGNEE".
28
29 Page 66, line 15, strike "LANES." and substitute "LANES;";
30
31 after line 22, insert the following:
32
33 "(4) BEFORE IMPOSING A USER FEE ON A HIGHWAY SEGMENT OR
34 HIGHWAY LANES THAT HAVE PREVIOUSLY SERVED VEHICULAR TRAFFIC ON
35 A TOLL-FREE BASIS, THE TRANSPORTATION ENTERPRISE SHALL PREPARE OR
36 CAUSE TO BE PREPARED A LOCAL AIR QUALITY IMPACT STATEMENT AND A
37 LOCAL COMMUNITY TRAFFIC SAFETY ASSESSMENT THAT SPECIFICALLY
38 TAKE INTO ACCOUNT ANY DIVERSION OF VEHICULAR TRAFFIC FROM THE
39 HIGHWAY SEGMENT OR HIGHWAY LANES ONTO OTHER HIGHWAYS, ROADS,
40 OR STREETS THAT IS EXPECTED TO RESULT FROM THE IMPOSITION OF THE
41 USER FEE.".
42
43 Page 67, strike lines 20 and 21 and substitute the following:
44
45 "(5) LABOR STANDARDS SPECIFIED IN LAW THAT APPLY";
46
47 line 23, strike "ENTERPRISE, INCLUDING BUT NOT" and substitute
48 "ENTERPRISE.";
49
50 strike lines 24 through 27.
51
52 Page 68, strike lines 1 through 3.
53
54 Page 69, line 3, strike "09-____," and substitute "09-108,";
55
56 line 11, strike "thirty" and substitute "thirty NINETY".
1 Page 72, after line 3, insert the following:
2
3 "SECTION 8. 42-12-102 (1) (a), Colorado Revised Statutes, is
4 amended to read:
5
6 42-12-102. Registration of collectors' items - fees. (1) Except
7 for those motor vehicles that are entitled to registration under the
8 provisions of section 42-3-219, collectors' items shall be titled, registered,
9 and a specific ownership tax shall be paid thereon in the same manner as
10 provided in this title for other motor vehicles, with the following
11 exceptions:
12
13 (a) Such collectors' items shall be registered for periods of five
14 years. The taxes and fees imposed for registration of a collector's item for
15 each five-year registration period shall be equal to five times the annual
16 taxes and fees which would otherwise be imposed for the registration of
17 such motor vehicle under this title and under title 43, C.R.S.; EXCEPT
18 THAT THE AMOUNT OF A SURCHARGE IMPOSED PURSUANT TO SECTION
19 43-4-804 (1) (a) OR 43-4-805 (5) (g), C.R.S, SHALL BE THE AMOUNT
20 SPECIFIED IN THE APPLICABLE SECTION. In addition to any other such
21 taxes and fees, if a collector's item is registered in a county which is a
22 member of one or more highway authorities and such authority or
23 authorities have imposed an annual motor vehicle registration fee or fees
24 pursuant to the provisions of section 43-4-506 (1) (k), C.R.S., then five
25 times such annual motor vehicle registration fee or fees shall be imposed
26 and remitted to such authority or authorities.".
27
28 Renumber succeeding sections accordingly.
29
30 Page 73, strike lines 16 through 26 and substitute the following:
31
32 "SECTION 10. The introductory portion to 43-1-1103 (5),
33 Colorado Revised Statutes, is amended, and the said 43-1-1103 (5) is
34 further amended BY THE ADDITION OF THE FOLLOWING NEW
35 PARAGRAPHS, to read:
36
37 43-1-1103. Transportation planning. (5) The department shall
38 integrate and consolidate the regional transportation plans for the
39 transportation planning regions into a comprehensive statewide
40 transportation plan. The formation of such state plan shall be
41 accomplished through a statewide planning process set by rules and
42 regulations promulgated by the commission. The state plan shall include
43 ADDRESS but shall not be limited to the following factors:
44
45 (d) THE TARGETING OF INFRASTRUCTURE INVESTMENTS,
46 INCLUDING PRESERVATION OF THE EXISTING TRANSPORTATION SYSTEM
47 COMMONLY KNOWN AS "FIXING IT FIRST" TO SUPPORT THE ECONOMIC
48 VITALITY OF THE STATE AND REGION;".
49
50 Reletter succeeding paragraphs accordingly.
51
52 Page 74, strike lines 4 and 5.
53
54 Reletter succeeding paragraphs accordingly.
55
56 Page 74, after line 24, insert the following:
1 "SECTION 12. 43-1-1402 (3), Colorado Revised Statutes, is
2 amended to read:
3
4 43-1-1402. Definitions. As used in this part 14:
5
6 (3) "Design-build contract" means the procurement of both the
7 design and the construction of a transportation project in a single contract
8 with a single design-build firm or a combination of such firms that are
9 capable of providing the necessary design and construction services. A
10 DESIGN-BUILD CONTRACT MAY ALSO INCLUDE IN THE CONTRACT THE
11 PROCUREMENT OF THE FINANCING, OPERATION, OR MAINTENANCE OF THE
12 PROJECT.".
13
14 Renumber succeeding sections accordingly.
15
16 Page 77, after line 12, insert the following:
17
18 "SECTION 17. Effective date - applicability. (1) Except as
19 otherwise provided in subsection (2) of this section, this act shall take
20 effect upon passage.
21
22 (2) Section 5 of this act shall take effect January 1, 2010, and shall
23 apply to overweight permits issued on or after said date.".
24
25 Renumber succeeding section accordingly.

House Journal, February 20
21 SB09-108 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 Transportation & Energy Committee Report, dated February
26 17, 2009, page 1, after line 7, insert the following:
27
28 "Page 14, line 14, strike "SUBPARAGRAPH (III)" and substitute
29 "SUBPARAGRAPHS (III) AND (VI)";";
30
31 line 8, strike "Page 14,";
32
33 after line 9, insert the following:
34
35 "Page 16, after line 14, insert the following:
36
37 "(VI) THE ROAD SAFETY SURCHARGE SHALL NOT BE IMPOSED ON
38 ANY VEHICLE FOR WHICH THE DEPARTMENT OF REVENUE HAS ISSUED A
39 HORSELESS CARRIAGE SPECIAL LICENSE PLATE PURSUANT TO SECTION
40 42-3-219 (1) (a), C.R.S.".
41
42 Renumber succeeding subparagraph accordingly.".
43
44 Page 2, after line 21, insert the following:
45
46 "Page 26, line 15, strike "SUBPARAGRAPH (III)" and substitute
47 "SUBPARAGRAPHS (III) AND (VII)";";
48
49 line 22, strike "Page 26,";
50
51 after line 25, insert the following:
52
53 "Page 28, after line 25, insert the following:
54
55 "(VII) THE BRIDGE SAFETY SURCHARGE SHALL NOT BE IMPOSED ON
56 ANY VEHICLE FOR WHICH THE DEPARTMENT OF REVENUE HAS ISSUED A
1 HORSELESS CARRIAGE SPECIAL LICENSE PLATE PURSUANT TO SECTION
2 42-3-219 (1) (a), C.R.S.".
3
4 Renumber succeeding subparagraph accordingly.".
5
6 Page 7, line 22, strike "NINETY"." and substitute "NINETY";
7
8 line 25 of the reengrossed bill, strike "THIRTY-DAY" and substitute
9 "EXPIRATION OF THE";
10
11 line 26, strike "42-3-113 (2) (e) FOR WHICH THE VEHICLE IS
12 UNREGISTERED." and substitute "42-3-114 FOR WHICH THE VEHICLE IS
13 UNREGISTERED; EXCEPT THAT THE AMOUNT OF THE LATE FEE SHALL NOT
14 EXCEED ONE HUNDRED DOLLARS.".";
15
16 after line 22 of the committee report, insert the following:
17
18 "Page 70, after line 13, insert the following:
19
20 "(3) THE LATE FEE DESCRIBED IN SUBSECTION (1) OF THIS SECTION
21 SHALL NOT BE IMPOSED ON A VEHICLE SUBJECT TO TAXATION UNDER THIS
22 ARTICLE IF:
23
24 (a) THE PERSON WHO OWNS THE VEHICLE USES THE VEHICLE IN
25 OPERATING A COMMERCIAL BUSINESS AND, AS PART OF THE NORMAL
26 OPERATION OF THE BUSINESS, IDLES THE VEHICLE SO THAT IT IS NOT
27 OPERATED ON ANY PUBLIC HIGHWAY IN THIS STATE FOR AT LEAST ONE
28 FULL REGISTRATION PERIOD. NOTHING IN THIS PARAGRAPH (a) SHALL BE
29 CONSTRUED TO EXEMPT THE OWNER OF AN IDLED VEHICLE FROM PAYING
30 ANY FEES IMPOSED PURSUANT TO THIS ARTICLE OTHER THAN THE LATE FEE
31 BEFORE AGAIN OPERATING THE VEHICLE ON A PUBLIC HIGHWAY IN THIS
32 STATE OR FROM PAYING ANY TAXES IMPOSED PURSUANT TO THIS ARTICLE.
33
34 (b) THE PERSON WHO OWNS THE VEHICLE IS IN THE ACTIVE
35 MILITARY SERVICE OF THE UNITED STATES AND IS SERVING OUTSIDE THE
36 STATE WHEN A REGISTRATION PERIOD AND GRACE PERIOD FOR RENEWAL
37 OF REGISTRATION FOR THE VEHICLE END AND THE VEHICLE IS NOT
38 OPERATED ON ANY PUBLIC HIGHWAY OF THE STATE BETWEEN THE TIME
39 THE REGISTRATION PERIOD AND GRACE PERIOD END AND THE TIME THE
40 VEHICLE IS REREGISTERED. NOTHING IN THIS PARAGRAPH (b) SHALL BE
41 CONSTRUED TO EXEMPT THE OWNER OF SUCH A VEHICLE FROM PAYING
42 ANY FEES IMPOSED PURSUANT TO THIS ARTICLE OTHER THAN THE LATE FEE
43 BEFORE AGAIN OPERATING THE VEHICLE ON A PUBLIC HIGHWAY IN THIS
44 STATE OR FROM PAYING ANY TAXES IMPOSED PURSUANT TO THIS
45 ARTICLE.".".
46
47

House Journal, February 24
44 Amendment No. 1, Transportation & Energy Report, dated
45 February 17, 2009, and placed in member's bill file; Report also printed
46 in House Journal, February 19, pages 424-430.
47
48 Amendment No. 2, Appropriations Report, dated February 20, 2009, and
49 placed in member's bill file; Report also printed in House Journal,
50 February 20, pages 455-456.
51
52 Amendment No. 3, by Representative Ferrandino.
53
54 Amend the Appropriations Committee Report, dated February 20, 2009,
55 page 2, strike line 2 and substitute the following:
56
1 "line 25, strike "DATE,"." and substitute "DATE,";
2
3 line 21, strike "AND (VI)" and substitute "(VI), AND (VII)".";
4
5 after line 3 of the Appropriations Committee Report, insert the following:
6
7 ""(VII) THE MAXIMUM AMOUNT OF THE BRIDGE SAFETY
8 SURCHARGE THAT MAY BE IMPOSED PURSUANT TO SUBPARAGRAPH (I) OF
9 THIS PARAGRAPH (g) SHALL BE, AS ALSO SPECIFIED IN SUBPARAGRAPH (V)
10 OF THIS PARAGRAPH (g), FIFTY PERCENT OF THE AMOUNT SPECIFIED IN SAID
11 SUBPARAGRAPH (I) FOR THE FISCAL YEAR 2009-10, AND SEVENTY-FIVE
12 PERCENT OF SAID AMOUNT FOR THE FISCAL YEAR 2010-11.";
13
14 line 4 of the Appropriations Committee Report, strike ""(VII)" and
15 substitute "(VIII)".
16
17 Renumber succeeding subparagraph.
18
19 Amendment No. 4, by Representative Judd.
20
21 Amend the Transportation & Energy Committee Report, dated February
22 17, 2009, page 7, after line 5, insert the following:
23
24 ""(4) WHEN DETERMINING WHETHER TO UNDERTAKE AND
25 COMPLETE A SURFACE TRANSPORTATION INFRASTRUCTURE PROJECT TO BE
26 FUNDED, IN WHOLE OR IN PART, THROUGH THE IMPOSITION OF ANY USER
27 FEE, THE TRANSPORTATION ENTERPRISE SHALL CONSIDER WHETHER THE
28 COMPLETION OF THE PROJECT WILL HELP TO RECONNECT OR REINTEGRATE
29 ANY LOCAL GOVERNMENT OR OTHER COMMUNITY THAT HAS BEEN
30 DISCONNECTED OR DIVIDED BY EXISTING TRANSPORTATION
31 INFRASTRUCTURE.";
32
33 line 6, strike ""(4)" and substitute "(5)".
34
35 Amendment No. 5, by Representative Kerr A.
36
37 Amend the Transportation & Energy Committee Report, dated February
38 17, 2009, page 7, after line 21, insert the following:
39
40 "after line 7, insert the following:
41 "SECTION 3. 1-5-407 (5), Colorado Revised Statutes, is
42 amended to read:
43
44 1-5-407. Form of ballots. (5) Whenever the approval of a ballot
45 issue or ballot question is submitted to the vote of the people, the ballot
46 issue or question shall be printed upon the ballot following the lists of
47 candidates. EXCEPT AS OTHERWISE PROVIDED IN SECTION 32-9-119.3 (2),
48 C.R.S., constitutional issues shall be printed first, followed by statewide
49 issues and questions, county issues and questions, municipal issues and
50 questions, school district issues and questions, ballot issues and questions
51 for other political subdivisions which are in more than one county, and
52 then ballot issues and questions for other political subdivisions which are
53 wholly within a county. The measures in each category shall be placed
54 in the following order: Measures to increase taxes; measures to retain
55 revenues in excess of a district's fiscal year spending limit; measures to
56 increase debt; citizen petitions; and referred measures.
1 SECTION 4. The introductory portion to 32-9-119 (2) (a),
2 Colorado Revised Statutes, is amended to read:
3
4 32-9-119. Additional powers of district. (2) (a) To provide
5 revenue to finance the operations of the district, to defray the cost of
6 construction of capital improvements and acquisition of capital
7 equipment, and to pay the interest and principal on securities of the
8 district, the board, for and on behalf of the district after approval by
9 election held pursuant to articles 1 to 13 of title 1, C.R.S., AND, WITH
10 RESPECT TO ANY TAX RATE INCREASE THAT TAKES EFFECT ON OR AFTER
11 THE EFFECTIVE DATE OF THIS PARAGRAPH (a), AS AMENDED, IN
12 ACCORDANCE WITH SECTION 32-9-119.3, shall have the power to levy
13 uniformly throughout the district a sales tax at the A rate of six-tenths of
14 one percent, or at the rate of one NOT TO EXCEED ONE AND ONE-HALF
15 percent if approved by the eligible electors of the district in accordance
16 with section 32-9-119.4, upon every transaction or other incident with
17 respect to which a sales tax is now levied by the state, pursuant to the
18 provisions of article 26 of title 39, C.R.S.; except that:
19
20 SECTION 5. 32-9-119.3, Colorado Revised Statutes, is
21 RECREATED AND REENACTED, WITH AMENDMENTS, to read:
22
23 32-9-119.3. Elections for sales tax rate increase. (1) THE
24 BOARD, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20 (4) OF
25 ARTICLE X OF THE STATE CONSTITUTION, MAY SUBMIT TO THE REGISTERED
26 ELECTORS OF THE DISTRICT ONE OR MORE BALLOT QUESTIONS TO INCREASE
27 THE RATE OF THE SALES TAX LEVIED BY THE DISTRICT PURSUANT TO
28 SECTION 32-9-119 (2) (a) TO A RATE NOT TO EXCEED ONE AND ONE-HALF
29 PERCENT, WITH OR WITHOUT AN ACCOMPANYING INCREASE IN DISTRICT
30 DEBT, FOR SUCH PURPOSES AUTHORIZED BY THIS ARTICLE AS MAY BE
31 SPECIFIED IN ANY SUCH BALLOT QUESTION.
32
33 (2) A BALLOT QUESTION SUBMITTED PURSUANT TO SUBSECTION (1)
34 OF THIS SECTION SHALL BE SUBMITTED AT A GENERAL ELECTION OR AN
35 ELECTION HELD ON THE FIRST TUESDAY OF NOVEMBER IN AN
36 ODD-NUMBERED YEAR THAT IS CONDUCTED IN ACCORDANCE WITH THE
37 "UNIFORM ELECTION CODE OF 1992", ARTICLES 1 TO 13 OF TITLE 1, C.R.S.
38 THE SECRETARY OF STATE SHALL DETERMINE THE IDENTIFYING
39 NUMBERING OR LETTERING OF SUCH A BALLOT QUESTION, AND THE
40 QUESTION SHALL BE PRINTED UPON THE BALLOT IMMEDIATELY FOLLOWING
41 ANY STATEWIDE ISSUES AND QUESTIONS.
42
43 (3) IF A MAJORITY OF THE REGISTERED ELECTORS VOTING ON A
44 BALLOT QUESTION SUBMITTED PURSUANT TO SUBSECTION (1) OF THIS
45 SECTION VOTE AFFIRMATIVELY ON THE QUESTION, THE RATE OF THE SALES
46 TAX LEVIED BY THE DISTRICT PURSUANT TO SECTION 32-9-119 (2) (a)
47 SHALL BE INCREASED TO THE RATE SPECIFIED IN THE BALLOT QUESTION
48 AND APPROVED BY THE REGISTERED ELECTORS.
49
50 (4) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE
51 ABILITY OF THE DISTRICT TO SEEK THE APPROVAL OF THE REGISTERED
52 ELECTORS OF THE DISTRICT REGARDING ANY OTHER MATTER FOR WHICH
53 SUCH APPROVAL MAY BE SOUGHT.";".
54
55 Renumber succeeding sections accordingly.
56
1 Page 9, after line 16, insert the following:
2
3 "SECTION 20. 43-4-605 (1) (j) (I), Colorado Revised Statutes,
4 is amended to read:
5
6 43-4-605. Powers of the authority - inclusion or exclusion of
7 property - determination of regional transportation system alignment
8 - fund created. (1) In addition to any other powers granted to the
9 authority pursuant to this part 6, the authority has the following powers:
10
11 (j) (I) Subject to the provisions of section 43-4-612, to levy, in all
12 or any designated portion of the members of the combination, a sales or
13 use tax, or both, at a rate not to exceed one AND ONE-HALF percent upon
14 every transaction or other incident with respect to which a sales or use tax
15 is levied by the state; except that, on and after January 1, 2006, if the
16 authority includes territory that is within the regional transportation
17 district created and existing pursuant to article 9 of title 32, C.R.S., a
18 designated portion of the members of the combination in which a new tax
19 is levied shall be composed of entire territories of members of the
20 combination so that the rate of tax imposed pursuant to this part 6 within
21 the territory of any single member of the combination is uniform and
22 except that the authority shall not levy a sales or use tax on any
23 transaction or other incident occurring in any territory located outside the
24 boundaries of the authority and within the boundaries of a municipality
25 as the boundaries of the municipality exist on the date the authority is
26 created without the consent of the governing body of the municipality or
27 outside the boundaries of the authority and within the unincorporated
28 boundaries of a county as the unincorporated boundaries exist on the date
29 the authority is created without the consent of the governing body of the
30 county. Subject to the provisions of section 43-4-612, the authority may
31 elect to levy any such sales or use tax at different rates in different
32 designated portions of the members of the combination; except that, on
33 and after January 1, 2006, if the authority includes territory that is within
34 the regional transportation district, a designated portion of the members
35 of the combination in which a new tax is levied shall be composed of
36 entire territories of members of the combination so that the rate of tax
37 imposed pursuant to this part 6 within the territory of any single member
38 of the combination is uniform. If the authority so elects, it shall submit
39 a single ballot question that lists all of the different rates to the registered
40 electors of all designated portions of the members of the combination in
41 which the proposed sales or use tax is to be levied. The tax imposed
42 pursuant to this paragraph (j) is in addition to any other sales or use tax
43 imposed pursuant to law. If a member of the combination is located
44 within more than one authority, the sales or use tax, or both, authorized
45 by this paragraph (j) shall not exceed one percent upon every transaction
46 or other incident with respect to which a sales or use tax is levied by the
47 state. The executive director of the department of revenue shall collect,
48 administer, and enforce the sales or use tax, to the extent feasible, in the
49 manner provided in section 29-2-106, C.R.S. The director shall make
50 monthly distributions of the tax collections to the authority, which shall
51 apply the proceeds solely to the financing, construction, operation, or
52 maintenance of regional transportation systems. The department shall
53 retain an amount not to exceed the net incremental cost of the collection,
54 administration, and enforcement and shall transmit the amount to the state
55 treasurer, who shall credit the same to the regional transportation
56 authority sales tax fund, which fund is hereby created. The amounts so
1 retained are hereby appropriated annually from the fund to the department
2 to the extent necessary for the department's collection, administration, and
3 enforcement of the provisions of this part 6. Any moneys remaining in
4 the fund attributable to taxes collected in the prior fiscal year shall be
5 transmitted to the authority; except that, prior to the transmission to the
6 authority of such moneys, any moneys appropriated from the general fund
7 to the department for the collection, administration, and enforcement of
8 the tax for the prior fiscal year shall be repaid.";
9
10 line 17, strike ""SECTION 17." and substitute "SECTION 21.";
11
12 line 20, strike "5" and substitute "8".
13
14 Amendment No. 6, by Representative Kerr A.
15
16 Amend Amendment No. 5, by Representative Kerr A., printed in House
17 Journal page 521, strike lines 1 through 56.
18
19 Page 522 strike lines 1 through 10.
20
21 line 12, before "line", insert "Page 9,".
22
23 Amendment No. 7, by Representative Kerr A.
24
25 Amend Amendment No. 5, by Representative Kerr A., printed in House
26 Journal page 520, line 14, strike "NOT TO EXCEED ONE AND ONE-HALF";
27
28 line 15, strike "percent" and substitute "percent";
29
30 line 16, after "32-9-119.4.", insert "THAT MAY BE APPROVED BY THE
31 BOARD".
32
33 Amendment No. 8, by Representatives Levy and Pace.
34
35 Amend reengrossed bill, page 68, after line 13, insert the following:
36
37 "43-4-811. Transit and rail division - funding for local transit
38 grants. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FOR
39 STATE FISCAL YEAR 2009-10 AND FOR EACH SUCCEEDING STATE FISCAL
40 YEAR THE ALLOCATION OF THE SURCHARGES, FEES, AND FINES IMPOSED
41 AND CREDITED TO THE HIGHWAY USERS TAX FUND CREATED IN SECTION
42 43-4-201 (1) (a) PURSUANT TO SECTION 43-4-804 (1) AND ALLOCATED TO
43 THE STATE HIGHWAY FUND, COUNTIES, AND MUNICIPALITIES AS SPECIFIED
44 IN SECTION 43-4-205 (6.3) SHALL BE MODIFIED AS FOLLOWS:
45
46 (a) THE ALLOCATION TO THE STATE HIGHWAY FUND SHALL BE
47 INCREASED BY FIVE MILLION DOLLARS.
48
49 (b) THE ALLOCATION TO COUNTIES SHALL BE REDUCED BY TWO
50 MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS.
51
52 (c) THE ALLOCATION TO MUNICIPALITIES SHALL BE REDUCED BY
53 TWO MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS.
54
55 (2) FOR STATE FISCAL YEAR 2009-10 AND FOR EACH SUCCEEDING
56 STATE FISCAL YEAR, FIVE MILLION DOLLARS OF THE MONEYS ALLOCATED
1 TO THE STATE HIGHWAY FUND PURSUANT TO SECTION 43-4-205 (6.3)
2 SHALL BE CREDITED TO THE STATE TRANSIT AND RAIL FUND, WHICH IS
3 HEREBY CREATED IN THE STATE TREASURY, AND USED BY THE STATE
4 TRANSIT AND RAIL DIVISION CREATED IN SECTION 43-1-117.5 (1), ENACTED
5 BY SENATE BILL 09-094, ENACTED IN 2009, AND USED TO PROVIDE
6 GRANTS TO LOCAL GOVERNMENTS FOR LOCAL TRANSIT PROJECTS.".
7
8 Amendment No. 9, by Representative Gardner C.
9 Amend Amendment No.8, by Representatives Levy and Pace, printed in
11 "PROJECTS; EXCEPT THAT NO FUNDS SHALL BE USED FOR THE
12 CONDEMNATION OF LAND FOR THE PURPOSE OF RELOCATING A RAIL
13 CORRIDOR OR RAIL LINE.".".
14
15 Amendment No. 10, by Representatives Levy and Pace.
16
17 Amend reengrossed bill, page 68, after line 13, insert the following:
18
19 "43-4-811. Use of user fees for transit - legislative declaration.
20 (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
21 TRANSPORTATION ENTERPRISE, A PUBLIC HIGHWAY AUTHORITY CREATED
22 AND EXISTING PURSUANT TO PART 5 OF THIS ARTICLE, A REGIONAL
23 TRANSPORTATION AUTHORITY CREATED AND EXISTING PURSUANT TO PART
24 6 OF THIS ARTICLE, OR ANY OTHER ENTITY THAT, AS OF THE EFFECTIVE
25 DATE OF THIS SECTION, IS IMPOSING A USER FEE OR TOLL FOR THE
26 PRIVILEGE OF TRAVELING ON ANY HIGHWAY SEGMENT OR HIGHWAY LANES
27 MAY USE REVENUES GENERATED BY THE USER FEE OR TOLL FOR
28 TRANSIT-RELATED PROJECTS THAT RELATE TO THE MAINTENANCE OR
29 SUPERVISION OF THE HIGHWAY SEGMENT OR HIGHWAY LANES ON WHICH
30 THE USER FEE OR TOLL IS IMPOSED.
31
32 (2) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT
33 THE FUNDING OF TRANSIT-RELATED PROJECTS AUTHORIZED BY
34 SUBSECTION (1) OF THIS SECTION CONSTITUTES MAINTENANCE AND
35 SUPERVISION OF STATE HIGHWAYS BECAUSE IT WILL HELP TO REDUCE
36 TRAFFIC ON STATE HIGHWAYS AND THEREBY REDUCE WEAR AND TEAR ON
37 STATE HIGHWAYS AND BRIDGES AND INCREASE THEIR RELIABILITY,
38 SAFETY, AND EXPECTED USEFUL LIFE.".
39
40 Amendment No. 11, by Representative Pommer.
41
42 Amend reengrossed bill, page 68, after line 13, insert the following:
43
44 "43-4-811. Transportation deficit report - annual reporting
45 requirement. NO LATER THAN JUNE 30, 2009, AND NO LATER THAN
46 MARCH 1 OF ANY FISCAL YEAR IN WHICH ROAD OR BRIDGE SAFETY
47 SURCHARGES ARE IMPOSED PURSUANT TO SECTION 43-4-804 (1) (a) OR
48 43-4-805 (5) (g), THE DEPARTMENT SHALL PREPARE AND PRESENT TO THE
49 TRANSPORTATION AND ENERGY COMMITTEE OF THE HOUSE OF
50 REPRESENTATIVES AND THE TRANSPORTATION COMMITTEE OF THE
51 SENATE, OR ANY SUCCESSOR COMMITTEES, A TRANSPORTATION DEFICIT
52 REPORT THAT SEPARATELY ADDRESSES THE GOALS OF REPAIRING
53 DEFICIENT HIGHWAYS AND BRIDGES, AS EVIDENCED BY A C OR D RATING,
54 SUSTAINING EXISTING TRANSPORTATION SYSTEM PERFORMANCE LEVELS,
55 AND ACHIEVING THE CORRIDOR VISIONS DESCRIBED BY REGIONAL
56 TRANSPORTATION PLANS AND PUBLIC PREFERENCES. FOR EACH GOAL, THE
1 REPORT SHALL INCLUDE A LISTING OF THE ANNUAL COSTS FOR EACH OF
2 THE NEXT TEN FISCAL YEARS OF ACHIEVING THE GOAL; THE ANNUAL
3 INCREASE AND RATE OF INCREASE OF THE COSTS; THE FACTORS
4 CONTRIBUTING TO THE COSTS, INCLUDING, BUT NOT LIMITED TO, THE RATE
5 AND GEOGRAPHIC DISTRIBUTION OF POPULATION GROWTH, VEHICLE SIZE
6 AND WEIGHT, LAND USE POLICIES, AND WORK PATTERNS; METHODS OF
7 REDUCING THE IMPACT OF THE COST FACTORS, INCLUDING, BUT NOT
8 LIMITED TO, LAND USE POLICY CHANGES, INCREASED USE OF TRANSIT,
9 TELECOMMUTING, AND PEAK TRANSPORTATION SYSTEM DEMAND
10 REDUCTION PRACTICES AND ECONOMIC INCENTIVES; AND A COMPARISON
11 OF THE COSTS OF MITIGATING THE COST FACTORS AND THE COSTS OF
12 ACHIEVING THE GOAL BY REPAIRING, UPGRADING, OR EXPANDING THE
13 TRANSPORTATION SYSTEM. THE REPORT SHALL EXPLAIN WHY ANY COST
14 ESTIMATE FOR A GOAL DIFFERS BY MORE THAN FIVE PERCENT FROM ANY
15 DEPARTMENT ESTIMATE OF SUCH COSTS PUBLISHED BEFORE THE EFFECTIVE
16 DATE OF THIS SECTION. THE DEPARTMENT SHALL PUBLISH THE REPORT ON
17 ITS WEB SITE IN A FORMAT THAT CAN BE DOWNLOADED.".
18
19 Amendment No. 12, by Representative Vaad.
20
21 Amend Amendment No. 11, by Representative Pommer, printed in House
22 Journal page 524, line 16, strike "SECTION." and substitute "SECTION, AND
23 SHALL SEPARATELY ACCOUNT FOR COST OVERRUNS OTHER THAN
24 OVERRUNS ATTRIBUTABLE INCREASES IN THE COLORADO CONSTRUCTION
25 COST INDEX.".
26
27 Amendment No. 13, by Representative Sonnenberg.
28
29 Amend reengrossed bill, page 70, strike lines 14 through 27.
30
31 Page 71, strike 1 through 13 and substitute the following:
32
33 "SECTION 5. 42-4-508 (1) (b), Colorado Revised Statutes, is
34 amended to read:
35
36 42-4-508. Gross weight of vehicles and loads. (1) Except as
37 provided in subsection (1.5) of this section, no vehicle or combination of
38 vehicles shall be moved or operated on any highway or bridge when the
39 gross weight thereof exceeds the limits specified below:
40
41 (b) Subject to the limitations prescribed in section 42-4-507, the
42 maximum gross weight of any vehicle or combination of vehicles shall
43 not exceed that determined by the formula W equals 1,000 (L plus 40), W
44 = the gross weight in pounds, L = the length in feet between the centers
45 of the first and last axles of such vehicle or combination of vehicles, but
46 in computation of this formula no gross vehicle weight shall exceed
47 eighty-five NINETY-TWO thousand pounds. For the purposes of this
48 section, where a combination of vehicles is used, no vehicle shall carry
49 a gross weight of less than ten percent of the overall gross weight of the
50 combination of vehicles; except that these limitations shall not apply to
51 specialized trailers of fixed public utilities whose axles may carry less
52 than ten percent of the weight of the combination. The limitations
53 provided in this section shall be strictly construed and enforced.".
54
55 Renumber succeeding sections accordingly.
56
1 Amendment No. 14, by Representative Sonnenberg.
2
3 Amend reengrossed bill, page 70 strike lines 14 through 27.
4
5 Page 71, strike lines 1 through 13 and substitute the following:
6 "SECTION 6. 42-4-510 (5), Colorado Revised Statutes, is
7 amended to read:
8
9 42-4-510. Permits for excess size and weight and for
10 manufactured homes - rules. (5) The department of transportation, the
11 motor carrier services division of the department of revenue, or the
12 Colorado state patrol shall, unless such action will jeopardize distribution
13 of federal highway funds to the state, authorize the operation or
14 movement of a vehicle or combination of vehicles on the interstate
15 highway system of Colorado at a maximum weight of eighty-five
16 NINETY-TWO thousand pounds.".
17
18 Renumber succeeding sections accordingly.
19
20 As amended, ordered revised and placed on the Calendar for Third
21 Reading and Final Passage.
22

Senate Journal, February 17
After consideration on the merits, the Committee recommends that SB09-212 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 10, strike "2012." and substitute "2010.";

line 11, strike "2013." and substitute "2011.".

Senate Journal, February 18
SB09-212 by Senator(s) White, Keller, Tapia; also Representative(s) Pommer, Ferrandino, Marostica--
Concerning a temporary limitation on the maximum amount of state sales and use tax
revenues that may be retained by a retail vendor to compensate for the vendor's expenses
incurred in the collection and remittance of the tax revenues to the state.

Amendment No. 1, Appropriations Committee Amendment.
(Printed in Senate Journal, February 17, page 361 and placed in members' bill files.)

Amendment No. 2(L.004), by Senator Williams

Amend printed bill, page 2, line 10, after the period, add "FOR ANY
RETURN MADE PRIOR TO APRIL 1, 2009, A VENDOR SHALL NOT BE LIABLE
FOR ANY INTEREST OR OTHER PENALTY IMPOSED AS A RESULT OF AN
ERROR MADE IN CONNECTION WITH THE IMPOSITION OF A MAXIMUM
AMOUNT OF SALES TAX REVENUES THAT MAY BE RETAINED IN
ACCORDANCE WITH THE PROVISIONS OF THIS SUBPARAGRAPH (I).".

Amendment No. 3(L.003), by Senator White.

Amend printed bill, page 2, line 8, after "DOLLARS", insert "PER VENDOR";

line 9, strike "JUNE 30," and substitute "JULY 1,".

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

(For further action, see Amendments to the Report of the Committee of the Whole).

Senate Journal, February 18

House Journal, February 23
42 SB09-212 be amended as follows, and as so amended, be referred to
43 the Committee of the Whole with favorable
44 recommendation:
45
46 Amend reengrossed bill, page 2, strike lines 8 and 9 and substitute the
47 following:
48
49 "NOT EXCEED THE AMOUNT OF FOUR HUNDRED SEVENTEEN DOLLARS PER
50 VENDOR FOR ANY RETURN MADE ON OR AFTER MARCH 1,";
51
52 line 10, strike "2010." and substitute "2012.";
53
54 line 16, strike "2011." and substitute "2013.".
55
56

House Journal, February 23
28 Amendment No. 1, Appropriations Report, dated February 20, 2009, and
29 placed in member's bill file; Report also printed in House Journal,
30 February 23, page 472.
31
32 Amendment No. 2, by Representative Frangas.
33
34 Amend the Appropriations Committee Report, dated February 20, 2009,
35
36 line three, strike "OF FOUR HUNDRED SEVENTEEN DOLLARS" and substitute
37 "EQUAL TO ONE AND THIRTY-FIVE ONE-HUNDREDTHS PERCENT OF";
38
39 line 4, after "VENDOR", insert "WHOSE MONTHLY TAX COLLECTED IS
40 GREATER THAN THREE HUNDRED DOLLARS";
41
42 line 5, strike "2012.";" and substitute "2011.";";
43
44 line 16, strike "JULY 1," and substitute "DECEMBER 31,".
45
46 As amended, ordered revised and placed on the Calendar for Third
47 Reading and Final Passage.
48