In Re INTERROGATORIES SUBMITTED BY the GENERAL ASSEMBLY ON HOUSE BILL 04-1098

Pursuant to section 3 of Article VI of the Colorado Constitution, the General Assembly has submitted to this court two interrogatories regarding House Bill 04-1098. The interrogatories are:

Interrogatory No. One:

Do the elements specified in House Bill 04-1098 that define “custodial moneys” comport with principles of separation of powers under Article III of the state constitution, the legislative power of appropriation under sections 32 and 33 of Article V of the state constitution, and the precedent of the Supreme Court construing such powers?

Interrogatory No. Two:

Can House Bill 04-1098…