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

HOUSE JOURNAL

SIXTY-FIRST GENERAL ASSEMBLY

STATE OF COLORADO

Second Regular Session

One Hundred-eighth Legislative Day Friday, April 24, 1998

Prayer by Father Ed Judy, Samaritan House, Denver.

The Speaker called the House to order at 9:00 a.m.

The roll was called with the following result:

Present--61.

Absent and excused--Representatives Leyba, Owen, Schauer, Sinclair--4.

Present after roll call--Representative Leyba.

The Speaker declared a quorum present.

_______________

On motion of Representative S. Williams, the reading of the journal of April 23, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

After consideration on the merits, the Committee recommends the following:

HJR98-1033 be amended as follows, and as so amended, be referred out for final action:

"Be it further resolved, that copies of this Joint Resolution be sent to the Secretary of the Interior, the Colorado Congressional delegation, the Governor's of all states in the Western Governor's Association, and the legislatures of all states in the Western Governor's Association.".


HJR98-1039 be amended as follows, and as so amended, be referred out for final action:

Amend printed resolution, page 2, line 30, after "Management," insert "the Bureau of Land Management's Colorado State Director,".


HJR98-1043 be referred out for final action.

STATE, VETERANS AND MILITARY AFFAIRS

After consideration on the merits, the Committee recommends the following:

HCR98-1012, 1013 be postponed indefinitely.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has postponed indefinitely and returns herewith: HB98-1382.

______________

INTRODUCTION OF BILLS

First Reading

The following bills were read by title and referred to the committees indicated:

HB98-1416 by Representatives May, Anderson, George, Dyer, Reeser, and Saliman; also Senators Schroeder, B. Alexander, Ament, Reeves, and Wham--Concerning coordination of statewide telecommunications.

Committee on Business Affairs and Labor.

HB98-1417 by Representatives Paschall, Hefley, Adkins, Agler, K. Alexander, Anderson, Arrington, Dean, S. Johnson, Kreutz, May, McElhany, Musgrave, Pankey, Spradley, Swenson, and T. Williams; also Senators Coffman, Con-grove, Lamborn, and Tebedo--Concerning the refunding of state revenues in excess of the constitutional limitation on state fiscal year spending for any given fiscal year.

Committee on Finance.

HB98-1418 by Representative Anderson; also Senator Powers--Concerning repeal of certain provisions of the environmental self-evaluation laws, and, in connection therewith, repealing the immunity against criminal penalties for environmental violations that are voluntarily disclosed and eliminating the sunset date for the environmental self-evaluation provisions.

Committee on Business Affairs and Labor.

______________

CONSIDERATION OF RESOLUTIONS

HR98-1009 by Representatives Tucker, Agler, Entz, K. Alexander, G. Berry, Dyer, Faatz, George, Hagedorn, S. Johnson, June, Kaufman, Kreutz, Mace, May, McPherson, Miller, Morrison, Paschall, Reeser, Smith, Spradley, Swenson, Tate, Taylor, Tool, Tupa, T. Williams, and Zimmerman--Proclaiming the week of April 19 through April 25, 1998, to be National County Government Week in the State of Colorado.

(Printed and placed in member's file; also printed in House Journal, April 16, pages 1362-1363.)

On motion of Representative Tucker, the resolution was adopted by the following roll call vote:

YES 62 NO 0 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen E

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer E

Sinclair E

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Allen, Bacon, Epps, Nichol, Snyder, Young, Mr. Speaker.

HJR98-1045 by Representatives Pankey and Mace; also Senator Blickensderfer--Concerning the appointment of a committee to determine the feasibility of constructing a nondenominational chapel in the state Capitol.

(Printed and placed in member's files; also printed in House Journal, April 16, 1998, pages 1367-1368.)

Amendment No. 1, moved by Representative Pankey.

State, Veterans and Military Affairs Report, dated April 21, 1998, and placed in member's bill file; Report also printed in House Journal, April 22, page 1415.

The amendment was declared passed by viva voce vote.

As amended, laid over until April 27, retaining place on Calendar.

_______________

THIRD READING OF BILLS--FINAL PASSAGE

The following bills were considered on Third Reading. The titles were publicly read. Reading of the bill at length was dispensed with by unanimous consent.

HCR98-1009 by Representatives Dyer and Taylor; also Senator B. Alexander--Submitting to the registered electors of the state of Colorado an amendment to section 3 of article XXVII of the constitution of the state of Colorado, concerning the use of a specified amount of net lottery proceeds currently allocated to the state general fund for Colorado tourism planning, promotion, and development.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a constitutional two-thirds majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 46 NO 15 EXCUSED 3 ABSENT 1

Adkins Y

Agler N

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez N

Clarke N

Dean Y

Dyer Y

Entz ­

Epps Y

Faatz N

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman N

Hagedorn N

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave N

Nichol N

Owen E

Pankey Y

Paschall N

Pfiffner N

Reeser Y

Romero N

Salaz Y

Saliman N

Schauer E

Sinclair E

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa N

Udall Y

Veiga N

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, G.Berry, Dean, Entz, Epps, George, Gordon, Gotlieb, Grampsas, Kaufman, May, Miller, Reeser, Sullivant, Udall.

The complete text of HCR98-1009 is printed in House Journal pages 1513-1514.

SB98-015 by Senators Bishop, Ament, Dennis, et. al.; also Representatives Entz, Adkins, S. Johnson, Miller, Reeser, Smith, and Young--Concerning the elimination of the yearly limit on the amount of per diems paid to the members of the ground water commission.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 60 NO 2 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen N

Anderson Y

Arrington YBacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps N

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen E

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer E

Sinclair E

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsor added: Representative George.

SB98-107 by Senator Matsunaka; also Representative Entz--Concerning expeditious access to medical treatment for persons who are covered by insurance.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 46 NO 16 EXCUSED 3 ABSENT 0

Adkins N

Agler Y

Alexander Y

Allen Y

Anderson N

Arrington N

Bacon Y

Berry, G. N

Chavez Y

Clarke Y

Dean N

Dyer Y

Entz Y

Epps Y

Faatz N

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn N

Hefley N

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany N


McPherson N

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen E

Pankey Y

Paschall N

Pfiffner N

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer E

Sinclair E

Smith Y


Snyder N

Spradley Y

Sullivant N

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker N

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. N

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Leyba, Musgrave, Reeser, Snyder, Spradley.

SB98-148 by Senator Powers; also Representative Entz--Concerning public projects supervised by the department of transportation that are exempt from the requirements of the "Construction Bidding for Public Projects Act".

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 54 NO 8 EXCUSED 3 ABSENT 0

Adkins Y

Agler N

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean N

Dyer Y

Entz Y

Epps Y

Faatz N

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz N

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson N

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen E

Pankey Y

Paschall N

Pfiffner N

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer E

Sinclair E

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

HCR98-1008 by Representatives Kaufman, Dyer, Entz, George, Morrison, Owen, Reeser, and Taylor; also Senators Wattenberg, B. Alexander, Ament, Bishop, Dennis, and Rizzuto--Submitting to the registered electors of the state of Colorado an amendment to article XI of the constitution of the state of Colorado, authorizing a county, city, town, township, or special district to provide any lawfully authorized health care function, service, or facility in joint ownership or other arrangement with any person or company, public or private, without incurring debt and without pledging its credit or faith; requiring any county, city, town, township, or special district entering into such joint ownership or other arrangement to own its just proportion; and providing that any such entity or relationship established for such purpose shall not be deemed a political subdivision, local government, or local public body for any purpose.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a constitutional two-thirds majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 48 NO 14 EXCUSED 3 ABSENT 0

Adkins N

Agler N

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke YDean Y

Dyer Y

Entz Y

Epps Y

Faatz N

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley N

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz N

Lawrence Y

Leyba N

Mace Y

May Y

McElhany N


McPherson N

Miller Y

Morrison Y

Musgrave Y

Nichol N

Owen E

Pankey Y

Paschall N

Pfiffner N

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer E

Sinclair E

Smith Y


Snyder Y

Spradley Y

Sullivant N

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa N

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Bacon, Mace, Miller.

The complete text of HCR98-1008, as amended, is printed in House Journal pages 1511-1512.

________________

On motion of Representative Epps, the House resolved itself into Committee of the Whole for consideration of General Orders, and she was called to the Chair to act as Chairman.

________________

GENERAL ORDERS--SECOND READING OF BILLS

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

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

HB98-1156 by Representatives Anderson, C. Berry, and Owen; also Senators Wells and Hopper--Concerning supervision of sex offenders.

Amendment No. 1, Judiciary Report, dated January 27, 1998, and placed in member's bill file; Report also printed in House Journal, January 29, pages 271-274.

Amendment No. 2, Appropriations Report, dated April 21, 1998, and placed in member's bill file; Report also printed in House Journal, April 22, pages 1411-1415.

Amendment No. 3, by Representative Anderson.

Amend the Judiciary Committee Report, dated January 27, 1998, page 3, strike lines 20 through 23 and substitute the following:

"Page 9, strike lines 21 through 24 and substitute the following:

"ADDITION, THE PAROLE BOARD MAY REQUIRE A PERSON, AS A CONDITION OF PAROLE, TO PARTICIPATE IN THE INTENSIVE SUPERVISION PAROLE PROGRAM ESTABLISHED PURSUANT TO THIS SECTION IF THE PERSON IS CONVICTED OF:

(a) INDECENT EXPOSURE, AS DESCRIBED IN SECTION 18­7­302, C.R.S.;

(b) CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION TO COMMIT ANY OF THE OFFENSES SPECIFIED IN SECTION 16­13­803 (4) (a), WHICH ATTEMPT, CONSPIRACY, OR SOLICITATION WOULD CONSTITUTE A CLASS 5 FELONY; OR

(c) ANY OF THE OFFENSES SPECIFIED IN SECTION 16­13­804 (4) (b).".";

strike line 27 of the committee report and substitute the following:

"Page 14, line 15, after "(1)", insert "(a)";

strike lines 18 through 21 and substitute the following:

"ADDITION, THE COURT MAY REQUIRE A PERSON, AS A CONDITION OF PROBATION, TO PARTICIPATE IN THE INTENSIVE SUPERVISION PROBATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION IF THE PERSON IS CONVICTED OF:

(I) INDECENT EXPOSURE, AS DESCRIBED IN SECTION 18­7­302, C.R.S.;

(II) CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION TO COMMIT ANY OF THE OFFENSES SPECIFIED IN SECTION 16­13­803 (4) (a), WHICH ATTEMPT, CONSPIRACY, OR SOLICITATION WOULD CONSTITUTE A CLASS 5 FELONY; OR

(III) ANY OF THE OFFENSES SPECIFIED IN SECTION 16­13­804 (4) (b).

(b) THE JUDICIAL DEPARTMENT".".

Page 4 of the committee report, strike lines 1 through 5 and substitute the following:

"Page 15, line 16, after "COMMITTEE", insert "AND TO THE JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE".".

Amendment No. 4, by Representative Anderson.

Amend printed bill, page 5, after line 6, insert the following:

"(2) "MANAGEMENT BOARD" MEANS THE SEX OFFENDER MANAGEMENT BOARD CREATED IN SECTION 16­11.7­ 103.".

Renumber succeeding subsections accordingly.

Page 6, strike lines 25 and 26.

Page 7, strike lines 11 and 12;

line 13, strike "CONSTITUTE A SEX OFFENSE,".

Page 10, line 17, strike "(c)" and substitute "(d)".

Page 11, line 8, strike "STANDARDS" and substitute "CRITERIA";

line 9, strike "TREATMENT" and substitute "MANAGEMENT";

after line 9, insert the following:

"(b) IF A SEX OFFENDER IS RELEASED ON PAROLE PURSUANT TO THIS SECTION, THE SEX OFFENDER'S SENTENCE TO INCARCERATION SHALL CONTINUE AND SHALL NOT BE DEEMED DISCHARGED UNTIL SUCH TIME AS THE PAROLE BOARD MAY DISCHARGE THE SEX OFFENDER FROM PAROLE PURSUANT TO SUBSECTION (3) OF THIS SECTION. THE PERIOD OF PAROLE FOR ANY SEX OFFENDER CONVICTED OF A CLASS 4 FELONY SHALL BE AN INDETERMINATE TERM OF AT LEAST TEN YEARS AND A MAXIMUM OF THE REMAINDER OF THE SEX OFFENDER'S NATURAL LIFE. THE PERIOD OF PAROLE FOR ANY SEX OFFENDER CONVICTED OF A CLASS 2 OR 3 FELONY SHALL BE AN INDETERMINATE TERM OF AT LEAST TWENTY YEARS AND A MAXIMUM OF THE REMAINDER OF THE SEX OFFENDER'S NATURAL LIFE.".

Reletter succeeding paragraphs accordingly.

Page 11, line 16, strike "STANDARDS" and substitute "CRITERIA";

line 17, strike "TREATMENT" and substitute "MANAGEMENT";

line 20, strike "TREATMENT" and substitute "MANAGEMENT".

Page 12, line 19, strike "STANDARDS" and substitute "CRITERIA", and strike "TREATMENT" and substitute "MANAGEMENT".

Page 13, line 21, strike "STANDARDS" and substitute "CRITERIA", and strike "TREATMENT" and substitute "MANAGEMENT".

Page 14, line 4, strike "STANDARDS" and substitute "CRITERIA";

line 5, strike "TREATMENT" and substitute "MANAGEMENT".

Page 16, line 25, strike "STANDARDS" and substitute "CRITERIA", and strike "TREATMENT" and substitute "MANAGEMENT".

Page 17, line 9, strike "STANDARDS" and substitute "CRITERIA";

line 10, strike "TREATMENT" and substitute "MANAGEMENT";

line 13, strike "Standards" and substitute "Criteria";

line 15, strike "TREATMENT" and substitute "MANAGEMENT";

line 18, strike "STANDARDS" and substitute "CRITERIA";

line 22, strike "PROBATION;" and substitute "PROBATION. THE COURT AND THE PAROLE BOARD MAY USE THE CRITERIA TO ASSIST IN MAKING DECISIONS CONCERNING RELEASE OF A SEX OFFENDER OR REDUCTION OF THE LEVEL OF SUPERVISION FOR A SEX OFFENDER;";

line 24, strike "COMPLETED INTENSIVE SUPERVISION AND".

Page 18, line 16, strike "STANDARDS" and substitute "CRITERIA";

line 17, strike "TREATMENT" and substitute "MANAGEMENT".

Page 19, line 11, strike "STANDARDS" and substitute "CRITERIA";

line 12, strike "TREATMENT" and substitute "MANAGEMENT".

Page 20, line 9, strike "treatment" and substitute "management";

line 14, strike "STANDARDS" and substitute "CRITERIA";

line 15, strike "TREATMENT AND FOR" and substitute "TREATMENT. SUCH CRITERIA SHALL ASSIST THE COURT AND THE STATE BOARD OF PAROLE IN";

line 17, strike "TO A REDUCED LEVEL OF SUPERVISION" and substitute "WHETHER THE SEX OFFENDER'S LEVEL OF SUPERVISION MAY BE REDUCED";

line 18, before "BE", insert "WHETHER THE SEX OFFENDER MAY APPROPRIATELY";

line 21, strike "DETERMINE" and substitute "ASSIST THE COURT AND THE STATE BOARD OF PAROLE IN DETERMINING";

line 24, after the period, add "THE CRITERIA SHALL NOT LIMIT THE DECISION­MAKING AUTHORITY OF THE COURT OR THE STATE BOARD OF PAROLE.".

Page 22, line 1, strike "16­13­202 (5)," and substitute "16­13­803 (5),";

line 9, strike "16­13­802 (5)," and substitute "16­13­803 (5),";

line 12, strike "16­13­204," and substitute "16­13­804,".

Page 23, after line 22, insert the following:

"SECTION 9. 16­11­101 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

16­11­101. Alternatives in sentencing ­ repeal. (1) Within the limitations of the penalties provided by the classification of the offense of which a person is found guilty, and subject to the provisions of this title, the trial court has the following alternatives in entering judgment imposing a sentence:

(j) NOTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (1) TO THE CONTRARY, THE COURT SHALL SENTENCE ANY PERSON CONVICTED OF A SEX OFFENSE, AS DEFINED IN SECTION 16­13­803 (5), COMMITTED ON OR AFTER OCTOBER 1, 1998, PURSUANT TO THE PROVISIONS OF PART 8 OF ARTICLE 13 OF THIS TITLE.".

Renumber succeeding sections accordingly.

Page 24, line 2, strike "16­13­803 (4)," and substitute "16­13­803 (5),";

after line 23, insert the following:

"SECTION 12. 17­2­201 (6), Colorado Revised Statutes, is amended to read:

17­2­201. State board of parole. (6) The board has the authority at any time after the period of any parole is fixed to shorten the period thereof or to lengthen said period within the limits specified in subsection (5) of this section; EXCEPT THAT THE PROVISIONS OF THIS SUBSECTION (6) SHALL NOT APPLY TO ANY PERSON SENTENCED AS A SEX OFFENDER PURSUANT TO PART 8 OF ARTICLE 13 OF TITLE 16, C.R.S.".

Renumber succeeding sections accordingly.

Page 24, line 24, strike "(7)," and substitute "(7) and (8),", and strike "is" and substitute "are".

Page 25, line 16, strike "16­13­803 (4)," and substitute "16­13­803 (5),";

line 24, strike "16­13­803 (3)," and substitute "16­13­803 (4),".

Page 26, after line 9, insert the following:

"(8) (a) For persons who are granted parole pursuant to PARAGRAPH (a) OF subsection (7) of this section, the division of adult services shall provide parole supervision and assistance in securing employment, housing, and such other services as may affect the successful reintegration of such offender into the community while recognizing the need for public safety. The conditions for parole for any such offender under this subsection (8) PARAGRAPH (a) shall be established pursuant to section 17­22.5­404 by the state board of parole prior to such offender's release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, which circumstances shall be set forth in writing, or revoke the parole and order the return of the offender to a place of confinement designated by the executive director for any period of time up to the period remaining on such person's mandatory period of parole established in section 18­1­105 (1) (a) (V), C.R.S. Any offender who has been reincarcerated due to a parole revocation pursuant to this subsection (8) PARAGRAPH (a) shall be eligible for parole at any time during such reincarceration. The state board of parole may discharge an offender granted parole under this section at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. In making any such determination, the state board of parole shall make written findings as to why such offender is no longer in need of parole supervision.

(b) FOR SEX OFFENDERS, AS DEFINED IN SECTION 16­13­803 (4), C.R.S., WHO ARE CONVICTED OF AN OFFENSE COMMITTED ON OR AFTER OCTOBER 1, 1998, AND WHO ARE GRANTED PAROLE PURSUANT TO PARAGRAPH (b) OF SUBSECTION (7) OF THIS SECTION, THE DIVISION OF ADULT SERVICES SHALL PROVIDE PAROLE SUPERVISION AND ASSISTANCE IN SECURING EMPLOYMENT, HOUSING, AND SUCH OTHER SERVICES AS MAY AFFECT THE SUCCESSFUL REINTEGRATION OF THE SEX OFFENDER INTO THE COMMUNITY WHILE RECOGNIZING THE NEED FOR PUBLIC SAFETY. THE CONDITIONS FOR PAROLE FOR ANY SEX OFFENDER SHALL BE ESTABLISHED PURSUANT TO SECTION 16­13­806, C.R.S., AND SECTION 17­22.5­404 BY THE STATE BOARD OF PAROLE PRIOR TO THE SEX OFFENDER'S RELEASE FROM INCARCERATION. UPON A DETERMINATION IN A PAROLE REVOCATION PROCEEDING THAT THE SEX OFFENDER HAS VIOLATED THE CONDITIONS OF PAROLE, THE STATE BOARD OF PAROLE SHALL CONTINUE THE PAROLE IN EFFECT, MODIFY THE CONDITIONS OF PAROLE IF CIRCUMSTANCES THEN SHOWN TO EXIST REQUIRE SUCH MODIFICATIONS, WHICH CIRCUMSTANCES SHALL BE SET FORTH IN WRITING, OR REVOKE THE PAROLE AND ORDER THE RETURN OF THE SEX OFFENDER TO A PLACE OF CONFINEMENT DESIGNATED BY THE EXECUTIVE DIRECTOR FOR ANY PERIOD OF TIME UP TO THE REMAINDER OF THE SEX OFFENDER'S NATURAL LIFE. THE REVOCATION HEARING SHALL BE HELD AND THE STATE BOARD OF PAROLE SHALL MAKE ITS DETERMINATION AS PROVIDED IN SECTION 16­13­810, C.R.S. FOLLOWING REINCARCERATION, THE SEX OFFENDER'S ELIGIBILITY FOR PAROLE SHALL BE DETERMINED PURSUANT TO SECTION 16­13­806, C.R.S. THE STATE BOARD OF PAROLE MAY DISCHARGE A SEX OFFENDER FROM PAROLE AS PROVIDED IN SECTION 16­13­806 (3), C.R.S.".

Amendment No. 5, by Representative Anderson.

Amend printed bill, page 21, line 9, strike "(C)," and substitute "(C) and (1) (a) (V) (D),";

line 10, strike "is" and substitute "are".

Page 22, after line 3, insert the following:

"(D)  The mandatory period of parole imposed pursuant to sub­subparagraph (A) of this subparagraph (V) shall commence immediately upon the discharge of an offender from imprisonment in the custody of the department of corrections. If the offender has been granted release to parole supervision by the state board of parole, the offender shall be deemed to have discharged the offender's sentence to imprisonment provided for in sub­subparagraph (A) of this subparagraph (V) in the same manner as if such sentence were discharged pursuant to law; EXCEPT THAT THE SENTENCE TO IMPRISONMENT FOR ANY PERSON SENTENCED AS A SEX OFFENDER PURSUANT TO PART 8 OF ARTICLE 13 OF TITLE 16, C.R.S., SHALL NOT BE DEEMED DISCHARGED ON RELEASE OF SAID PERSON ON PAROLE. When an offender is released by the state board of parole or released because the offender's sentence was discharged pursuant to law, the mandatory period of parole shall be served by such offender. An offender sentenced for nonviolent felony offenses, as defined in section 17­22.5­405 (5), C.R.S., may receive earned time pursuant to section 17­22.5­405, C.R.S., while serving a mandatory parole period in accordance with this section but not while such offender is reincarcerated after a revocation of the mandatory period of parole.".

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

On motion of Representative Anderson, the remainder of the General Orders Calendar (SB98-165) was laid over until April 27, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB98-1156 amended.

Laid over until date indicated retaining place on Calendar:

SB98-165--April 27, 1998.

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was adopted.

YES 61 NO 0 EXCUSED 4 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz E

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen E

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer E

Sinclair E

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB98-1401.

______________

DELIVERY OF BILL TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bill has been delivered to the Office of the Governor: HB98-1401 at 10:00 a.m. on April 24, 1998.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate voted to dissolve the First Conference Committee on SB98-035, and to adhere to its position.

The Senate has adopted and returns herewith: HJR98-1031.

_______________

House in recess. House reconvened.

_______________

REPORTS OF COMMITTEES OF REFERENCE

APPROPRIATIONS

After consideration on the merits, the Committee recommends the following:

HB98-1410; SB98-22, 24, 29, 41, 50, 68, 106 be postponed indefinitely.

SB98-10, 20, 79 be referred to the Committee of the Whole with favorable recommendation.

SB98-21 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Judiciary Committee Report, dated April 21, 1998, page 1, strike line 3, and substitute the following:

""SECTION 2. The introductory portion to 24-75-302 (2) and 24-75-302 (2) (l), (2) (m), and (2) (n) are amended, and the said 24-75-302 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

24­75­302. Capital construction fund ­ capital assessment fees ­ calculation. (2) As of July 1, 1988, and July 1 of each year thereafter through July 1, 2001 2002, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24­75­201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:

(l) On July 1, 1999, three hundred twenty­three thousand nine hundred ninety­eight dollars pursuant to H.B. 97­1186, enacted at the first regular session of the sixty­first general assembly, PLUS THREE THOUSAND EIGHT HUNDRED FORTY DOLLARS PURSUANT TO S.B. 98-021, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FIRST GENERAL ASSEMBLY;

(m) On July 1, 2000, one hundred eighty­four thousand ninety dollars pursuant to H.B. 97­1186, plus four hundred seventy­eight thousand six hundred thirty­four dollars pursuant to H.B. 97­1077, enacted at the first regular session of the sixty­first general assembly, PLUS TWELVE THOUSAND TWO HUNDRED SEVENTEEN DOLLARS PURSUANT TO S.B. 98-021, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FIRST GENERAL ASSEMBLY; and

(n) On July 1, 2001, one hundred fifty­four thousand six hundred thirty­six dollars pursuant to H.B. 97­1186, plus nine hundred five thousand seven hundred twenty­three dollars pursuant to H.B. 97­1077, enacted at the first regular session of the sixty­first general assembly, PLUS NINE THOUSAND EIGHT HUNDRED NINETY DOLLARS PURSUANT TO S.B. 98-021, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FIRST GENERAL ASSEMBLY; AND

(o) ON JULY 1, 2002, THIRTEEN THOUSAND NINE HUNDRED SIXTY-TWO DOLLARS PURSUANT TO S.B. 98-021, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FIRST GENERAL ASSEMBLY.

SECTION 3. Part 1 of article 1 of title 17, Colorado Revised";

line 13 strike "GENERAL FUND" and substitute "CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S.,";

line 18, strike "GENERAL FUND" and substitute "CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S.,".

Page 2, line 8, strike "GENERAL FUND" and substitute "CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S.,";

line 18, strike "GENERAL FUND" and substitute "CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S.,";

Strike line 26.

SB98-139 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 28, line 26, strike "($723,024) and 1.5" and substitute "($723,024),".

Page 29, line 1, strike "FTE,".

SB98-152 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend the Business Affairs and Labor Committee Report, dated April 23, 1998, page 1, line 4, strike ""NINETEEN";" and substitute ""TWENTY­TWO";";

after line 4, insert the following:

"line 15 of the reengrossed bill, strike "SIX" and substitute "EIGHT";";

strike line 6;

line 7, before "after", insert "Page 9,";

line 9, strike "PERSONS;";" and substitute the following:

"PERSONS; AND

(H)  ONE REPRESENTATIVE OF A BUSINESS CONCERN THAT GENERATES OR PROPOSES TO GENERATE ELECTRICITY FROM SOLAR, WIND, BIOMASS, HYDROELECTRIC, OR OTHER RENEWABLE ENERGY SOURCES;";";

before line 10, insert the following:

"line 3 of the reengrossed bill, strike "FIVE" and substitute "SEVEN";";

strike line 11;

strike line 14 and substitute the following:

"ELECTRICITY; AND

(G) ONE REPRESENTATIVE OF A BUSINESS CONCERN THAT PRODUCES NATURAL GAS IN COLORADO FOR SALE TO COLORADO ELECTRIC UTILITIES FOR EVENTUAL USE IN THE GENERATION OF ELECTRICITY;";";

after line 14, insert the following:

"line 15 of the reengrossed bill, strike "FIVE" and substitute "SEVEN";".

Page 2, line 2, change the semicolon to a comma and add "and strike "AND";

line 4, strike "CONSUMER;"." and substitute the following:

"CONSUMER; AND

(G) ONE REPRESENTATIVE OF A BUSINESS CONCERN THAT MINES OR PRODUCES COAL IN COLORADO FOR SALE TO COLORADO ELECTRIC UTILITIES FOR EVENTUAL USE IN THE GENERATION OF ELECTRICITY.";

after line 4, insert the following:

"Page 10, strike lines 18 through 26, and substitute the following:

"(5)  Funding for evaluation study. WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE PUBLIC UTILITIES COMMISSION SHALL PREPARE A BUDGET ESTIMATING THE COSTS AND EXPENSES NECESSARY TO ASSIST THE PANEL IN CONDUCTING THE STUDY AND PREPARING ITS REPORTS. THE COMMISSION MAY DRAW UPON THE RETAIL ELECTRICITY POLICY DEVELOPMENT FUND, CREATED IN SECTION 40-4-114, TO PAY SUCH COSTS AND EXPENSES.

40­4­114.  Funding and appropriations ­ retail electricity policy development fund ­ creation ­ repeal. (1)  THERE IS HEREBY CREATED IN THE STATE TREASURY THE RETAIL ELECTRICITY POLICY DEVELOPMENT FUND, REFERRED TO IN THIS SECTION AS THE "FUND". THE COMMISSION IS AUTHORIZED TO SOLICIT AND ACCEPT GRANTS AND DONATIONS FROM PRIVATE SOURCES AND TO FORWARD ALL MONEYS THUS RECEIVED TO THE STATE TREASURER, WHO SHALL CREDIT SUCH MONEYS TO THE FUND. ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. ANY MONEYS UNAPPROPRIATED OR UNEXPENDED AT THE END OF ANY FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT BE TRANSFERRED OR REVERT TO THE GENERAL FUND. EXPENDITURES MAY BE MADE FROM THE FUND TO AUGMENT THE COMMISSION'S ANNUAL BUDGET APPROPRIATION AS REQUIRED FOR EXPERT TESTIMONY, CONSULTING SERVICES, POSTAGE AND PRINTING COSTS, COSTS ASSOCIATED WITH ARRANGING FOR AND CONDUCTING MEETINGS, AND OTHER ASSOCIATED SUPPORT AND OPERATING COSTS INCURRED IN CARRYING OUT THE COMMISSION'S DUTIES UNDER SECTION 40­4­113. EXPENDITURES FROM THE FUND SHALL BE AUTHORIZED BY THE DIRECTOR OF THE COMMISSION AND ALL EXPENDITURES SHALL BE ACCOUNTED FOR BY THE STAFF OF THE COMMISSION. ALL UNEXPENDED AND UNENCUMBERED MONEYS REMAINING IN THE FUND AS OF DECEMBER 31, 2000, SHALL BE TRANSFERRED TO THE PUBLIC UTILITIES COMMISSION FIXED UTILITIES CASH FUND.

(2)  THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2000.

SECTION 2. 24-21-104 (3) (d), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

24-21-104. Fees of secretary of state. (3) (D) (IV) NOTWITHSTANDING ANY PROVISION OF PARAGRAPH (B) OF THIS SUBSECTION (3) TO THE CONTRARY, ON JULY 1, 1998, THE STATE TREASURER SHALL DEDUCT TWO HUNDRED SIXTY-SEVEN THOUSAND SEVEN HUNDRED FIFTY-SIX DOLLARS FROM THE DEPARTMENT OF STATE CASH FUND AND TRANSFER SUCH SUM TO THE RETAIL ELECTRICITY POLICY DEVELOPMENT FUND CREATED IN SECTION 40-4-114.".

Page 11, strike lines 1 through 23, and substitute the following:

"SECTION 3. Appropriation - adjustments in 1998 long bill.";

line 24, strike "(2)" and substitute "(1)".

Page 12, line 8, strike "one hundred eighty-six thousand dollars ($186,000)." and substitute "one hundred fifty-nine thousand six hundred dollars ($159,600).".".


SB98-158 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend rengrossed bill, page 4, strike lines 13 through 19, and substitute the following:

"SECTION 2. 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.".

SB98-167 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 8, line 14, after "IMPLEMENTATION.", insert "ONCE SUFFICIENT FUNDS ARE OBTAINED TO IMPLEMENT THE REGISTRY, THE DEPARTMENT SHALL CONTRACT WITH A PRIVATE ENTITY TO PERFORM ANY OF ITS DUTIES CONCERNING THE REGISTRY.".

Page 9, after line 1, insert the following:

"SECTION 4.  Future appropriations. It is the intent of the general assembly that this act can be implemented in the future within existing FTE allocations and that no separate appropriations of state moneys for FTE's will be necessary to carry out the provisions of this act.".

Renumber succeeding section accordingly.

SB98-177 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 9, strike "APRIL" and substitute "JULY".

Page 7, after line 5, insert the following:

"SECTION 3. Appropriation - adjustment in 1998 long bill. (1) For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows:

(a) The appropriation made to the department of regulatory agencies, public utilities commission, high cost fund payments, is decreased by seventeen million seven hundred forty-six thousand one hundred seventy dollars ($17,746,170). Said sum shall be cash funds from the high cost fund.

(b) The appropriation made to the department of regulatory agencies, public utilities commission, high cost administration, is increased by eleven thousand five hundred forty-one dollars ($11,541) and 0.2 FTE. Said sum shall be cash funds exempt from reserves in the high cost administration fund.

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

(a) The high cost fund payments budget line shall be called the high cost administration budget line.

(b) The $158,663 cash funds and 1.6 FTE associated with the high cost fund payment line shall be cash funds exempt from reserves in the high cost administration fund.".

Renumber succeeding sections accordingly.

Page 7, line 6, strike "April" and substitute "July".

Page 1, line 103, strike "AREAS." and substitute "AREAS, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".


SB98-180 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 7, after line 1, insert the following:

"Section 6. Adjustment to the 1998 Long Bill. For the implementation of this act, the appropriation made in the annual general appropriation act for the fiscal year beginning July 1, 1998, to the Department of Corrections, Institutions, Medical Services Subprogram, Operating Expenses, shall be decreased by two hundred forty-five thousand two hundred eighty-one dollars ($245,281) general fund.".

Renumber succeeding sections accordingly.

Page 7, line 7, after "eighty-one", insert "dollars".

SB98-185 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 18, after line 6 insert the following:

ITEM & FEDERAL

SUBTOTAL FUNDS

$ $

"(16) EVALUATION OF THE

WORKS PROGRAM 1,500,000 1,500,000a

a THIS AMOUNT SHALL BE FROM THE TEMPORARY ASSISTANCE TO NEEDY FAMILIES BLOCK GRANT.";

line 9, in the TOTAL column, strike "326,682,562" and substitute "328,182,562";

line 12, in the FEDERAL FUNDS column, strike "$399,700,930" and substitute "$399,700,930";

line 13, in the TOTAL column, strike "$1,367,336,515" and substitute "$1,368,836,515" and, in the FEDERAL FUNDS column, strike "$398,200,930".

Page 21, line 8, strike "the federal Temporary Assistance to Needy" and substitute "cash funds exempt received from the department of human services.";

strike line 9;

line 16, strike "one million five hundred thousand" and substitute "three million";

line 17, strike "($1,500,000)." and substitute "($3,000,000).";

after line 17, insert the following:

"(b)  The appropriation to the department of human services, self­sufficiency, Colorado works program, is increased by one million five hundred thousand dollars ($1,500,000). Said sum shall be for an evaluation of the works program pursuant to section 26-2-723, Colorado Revised Statutes. Said sum shall be from the federal Temporary Assistance to Needy Families Block Grant.";

line 23, strike "the federal Temporary Assistance to Needy" and substitute "cash funds exempt received from the department of human services.";

strike line 24.

FINANCE

After consideration on the merits, the Committee recommends the following:

SB98­4 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 1, after the period, add "THE GENERAL ASSEMBLY FURTHER FINDS, DETERMINES, AND DECLARES THAT THE FEDERAL GOVERNMENT, AS THE ONLY LANDOWNER OF ITS SIZE IN THE STATE AND THE ONLY LANDOWNER IN THE STATE OTHER THAN THE STATE GOVERNMENT ITSELF THAT ROUTINELY PREPARES COMPREHENSIVE LAND MANAGEMENT PLANS INVOLVING THE CLEARING OF FOREST UNDERGROWTH BY FIRE, IS APPROPRIATELY SUBJECT TO THE REQUIREMENTS OF THIS SECTION PERTAINING TO REVIEW AND APPROVAL OF LAND MANAGEMENT PLANS.".

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on SB98-36

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB 98­36, concerning a requirement for licensure of physicians lawfully practicing medicine in another jurisdiction who perform acts constituting the practice of medicine on persons physically present in Colorado at the time such acts are performed, has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 2, strike lines 12 through 22, and substitute the following:

"(b)  The rendering of services in this state by a physician lawfully practicing medicine in another state or territory, WHETHER OR NOT SUCH PHYSICIAN IS IN COLORADO, but if any such physician does not limit such services to an occasional CONSULTATION OR case or if he SUCH PHYSICIAN has any established or regularly used hospital connections in this state or if he SUCH PHYSICIAN IS PARTY TO ANY CONTRACT, AGREEMENT, OR UNDERSTANDING TO PROVIDE THE SERVICES DESCRIBED IN PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION OR IF SUCH PHYSICIAN maintains or is provided with for his OR HER regular use any office or other place for the rendering of such services, he SUCH PHYSICIAN shall possess a license to practice medicine in this state;".

Page 3, strike lines 7 through 11, and substitute the following:

"(u) (I)  THE PROVISION, TO A TREATING PHYSICIAN LICENSED IN THIS STATE, OF THE RESULTS OF LABORATORY TESTS, EXCLUDING HISTOPATHOLOGY TESTS AND CYTOLOGY TESTS, PERFORMED IN A LABORATORY CERTIFIED UNDER THE FEDERAL "CLINICAL LABORATORIES IMPROVEMENT ACT OF 1967", AS AMENDED, 42 U.S.C. SEC. 263a, TO PERFORM HIGH COMPLEXITY TESTING, AS SUCH TERM IS USED IN 42 C.F.R. 493.1701 AND ANY RELATED OR SUCCESSOR PROVISION.

(II)  THE PROVISION, TO A PATHOLOGIST LICENSED IN THIS STATE, OF THE RESULTS OF HISTOPATHOLOGY TESTS AND CYTOLOGY TESTS PERFORMED IN A LABORATORY CERTIFIED UNDER THE FEDERAL "CLINICAL LABORATORIES IMPROVEMENT ACT OF 1967", AS AMENDED, 42 U.S.C. SEC. 263a, TO PERFORM HIGH COMPLEXITY TESTING, AS SUCH TERM IS USED IN 42 C.F.R. 493.1701 AND ANY RELATED OR SUCCESSOR PROVISION.".

Respectfully submitted,

Senate Committee: House Committee:

Dottie Wham Mary Ellen Epps

Jeffrey Wells Russell George

Stan Matsunaka Gloria Leyba

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on SB98-72

This Report Amends the Rerevised Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB 98-72, concerning requirements relating to anatomical gifts under the "Uniform Anatomical Gift Act", has met and reports that it has agreed upon the following:

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

Amend rerevised bill, page 7, line 23, strike "ORGAN AND".

Page 8, line 3, strike "ORGANS/TISSUES" and substitute "TISSUES";

strike lines 4 and 5 and substitute the following:

"B.__THE FOLLOWING TISSUES:

__ SKIN

__ CORNEA

__ BONE, RELATED TISSUES, AND TENDONS".

Respectfully submitted,

Senate Committee: House Committee:

Mike Coffman Ronny J. May

Patricia Pascoe Kay Alexander

Sally Hopper Moe Keller

_______________

HOUSE CONCURRENT RESOLUTION 98­1008

Be It Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate concurring herein:

SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:

Section 2 of article XI of the constitution of the state of Colorado, is amended to read:

Section 2.  No aid to corporations ­ no joint ownership by state, county, city, town, or school district. (1)  Neither the state, nor any county, city, town, township, or school district shall make any donation or grant to, or in aid of, or become a subscriber to, or shareholder in any corporation or company or a joint owner with any person, company, or corporation, public or private, in or out of the state, except as to such ownership as may accrue to the state by escheat, or by forfeiture, by operation or provision of law; and except as to such ownership as may accrue to the state, or to any county, city, town, township, or school district, or to either or any of them, jointly with any person, company, or corporation, by forfeiture or sale of real estate for nonpayment of taxes, or by donation or devise for public use, or by purchase by or on behalf of any or either of them, jointly with any or either of them, under execution in cases of fines, penalties, or forfeiture of recognizance, breach of condition of official bond, or of bond to secure public moneys, or the performance of any contract in which they or any of them may be jointly or severally interested.

(2)  Nothing in this section shall be construed to prohibit any city or town from becoming a subscriber or shareholder in any corporation or company, public or private, or a joint owner with any person, company, or corporation, public or private, in order to effect the development of energy resources after discovery, or production, transportation, or transmission of energy in whole or in part for the benefit of the inhabitants of such city or town.

(3)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT ANY COUNTY, CITY, TOWN, TOWNSHIP, OR SPECIAL DISTRICT LAWFULLY AUTHORIZED TO PROVIDE ANY HEALTH CARE FUNCTION, SERVICE, OR FACILITY FROM BECOMING A SUBSCRIBER, MEMBER, OR SHAREHOLDER IN ANY CORPORATION, COMPANY, OR OTHER ENTITY, PUBLIC OR PRIVATE, OR A JOINT OWNER WITH ANY PERSON, COMPANY, CORPORATION, OR OTHER ENTITY, PUBLIC OR PRIVATE, IN OR OUT OF THE STATE, IN ORDER TO EFFECT THE PROVISION OF SUCH FUNCTION, SERVICE, OR FACILITY IN WHOLE OR IN PART. IN ANY SUCH CASE, THE PRIVATE PERSON, COMPANY, CORPORATION, OR ENTITY OR RELATIONSHIP ESTABLISHED, SHALL NOT BE DEEMED A POLITICAL SUBDIVISION, LOCAL GOVERNMENT, OR LOCAL PUBLIC BODY FOR ANY PURPOSE. ANY SUCH COUNTY, CITY, TOWN, TOWNSHIP, OR SPECIAL DISTRICT THAT ENTERS INTO AN ARRANGEMENT UNDER THIS SECTION SHALL NOT INCUR ANY DEBT NOR PLEDGE ITS CREDIT OR FAITH UNDER SUCH ARRANGEMENT. ANY COUNTY, CITY, TOWN, TOWNSHIP, OR SPECIAL DISTRICT ENTERING INTO SUCH JOINT OWNERSHIP OR RELATIONSHIP AS SUBSCRIBER, MEMBER, OR SHAREHOLDER OR OTHERWISE SHALL OWN ITS JUST PROPORTION TO THE WHOLE AMOUNT SO INVESTED. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE POWERS, DUTIES, OR AUTHORITY OF ANY POLITICAL SUBDIVISION AS OTHERWISE PROVIDED OR AUTHORIZED BY LAW. NOTHING IN THIS SUBSECTION (3) SHALL BE CONSTRUED TO LIMIT THE POWERS OF THE GENERAL ASSEMBLY OVER THE PROVISION OF ANY HEALTH CARE FUNCTION, SERVICE, OR FACILITY BY ANY COUNTY, CITY, TOWN, TOWNSHIP, OR SPECIAL DISTRICT.

SECTION 2.  Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO ARTICLE XI OF THE CONSTITUTION OF THE STATE OF COLORADO, AUTHORIZING A COUNTY, CITY, TOWN, TOWNSHIP, OR SPECIAL DISTRICT TO PROVIDE ANY LAWFULLY AUTHORIZED HEALTH CARE FUNCTION, SERVICE, OR FACILITY IN JOINT OWNERSHIP OR OTHER ARRANGEMENT WITH ANY PERSON OR COMPANY, PUBLIC OR PRIVATE, WITHOUT INCURRING DEBT AND WITHOUT PLEDGING ITS CREDIT OR FAITH; REQUIRING ANY COUNTY, CITY, TOWN, TOWNSHIP, OR SPECIAL DISTRICT ENTERING INTO SUCH JOINT OWNERSHIP OR OTHER ARRANGEMENT TO OWN ITS JUST PROPORTION; AND PROVIDING THAT ANY SUCH ENTITY OR RELATIONSHIP ESTABLISHED FOR SUCH PURPOSE SHALL NOT BE DEEMED A POLITICAL SUBDIVISION, LOCAL GOVERNMENT, OR LOCAL PUBLIC BODY FOR ANY PURPOSE."

SECTION 3.  The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.

_________

HOUSE CONCURRENT RESOLUTION 98­1009

Be It Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate concurring herein:

SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:

Section 3 (1) (b) (III) of article XXVII of the constitution of the state of Colorado is amended to read:

Section 3.  Moneys allocated to Trust Fund and for tourism promotion. (1)  Beginning with the proceeds from the fourth quarter of the State's Fiscal Year 1992­1993, all proceeds from all programs, including Lotto and every other state­supervised lottery game operated under the authority of Article XVIII, Section 2 of the Colorado Constitution, whether by the Colorado Lottery Commission or otherwise (such programs defined hereafter in this Article as "Lottery Programs"), net of prizes and expenses of the state lottery division and after a sufficient amount of money has been reserved, as of the end of any fiscal quarter, to ensure the operation of the lottery for the ensuing fiscal quarter (such netted proceeds defined hereafter in this Article as "Net Proceeds") are set aside, allocated, allotted, and continuously appropriated as follows, and the Treasurer shall distribute such proceeds no less frequently than quarterly, as follows:

(b)  For each quarter including and after the first quarter of the State's Fiscal Year 1998­1999:

(III)  All remaining Net Proceeds in trust to the Board of the Trust Fund, provided, however, that in any state fiscal year in which the portion of the Net Proceeds which would otherwise be given in trust to the State Board of the Trust Fund exceeds the amount of $35 million, to be adjusted each year for changes from the 1992 Consumer Price Index­Denver, the Net Proceeds in excess of such amount or adjusted amount shall be allocated to the General Fund of the State of Colorado AS PROVIDED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH (b).

(IV)  THE NET PROCEEDS IN EXCESS OF THE AMOUNT OR ADJUSTED AMOUNT DISTRIBUTED IN TRUST TO THE BOARD OF THE TRUST FUND PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH (b), IF ANY, SHALL BE ALLOCATED AS FOLLOWS:

(A)  FOR EACH QUARTER THROUGH THE FOURTH QUARTER OF THE STATE'S FISCAL YEAR 1998­1999, TO THE GENERAL FUND OF THE STATE OF COLORADO;

(B)  FOR EACH QUARTER INCLUDING AND AFTER THE FIRST QUARTER OF THE STATE'S FISCAL YEAR 1999­2000, TO THE COLORADO TOURISM PROMOTION FUND, OR A SUCCESSOR FUND, TO BE USED AS PROVIDED BY LAW FOR THE PLANNING, PROMOTION, AND DEVELOPMENT OF COLORADO AS A QUALITY TOURIST AND TRAVEL DESTINATION, PROVIDED, HOWEVER, THAT IN ANY STATE FISCAL YEAR IN WHICH THE PORTION OF THE NET PROCEEDS WHICH WOULD OTHERWISE BE ALLOCATED TO THE COLORADO TOURISM PROMOTION FUND PURSUANT TO THIS SUB­SUBPARAGRAPH (B) EXCEEDS THE AMOUNT OF NINE MILLION DOLLARS, TO BE ADJUSTED EACH YEAR FOR CHANGES FROM THE 1998 CONSUMER PRICE INDEX­DENVER, THE NET PROCEEDS IN EXCESS OF SUCH AMOUNT OR ADJUSTED AMOUNT SHALL BE ALLOCATED TO THE GENERAL FUND OF THE STATE OF COLORADO.

SECTION 2.  Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO SECTION 3 OF ARTICLE XXVII OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE USE OF A SPECIFIED AMOUNT OF NET LOTTERY PROCEEDS CURRENTLY ALLOCATED TO THE STATE GENERAL FUND FOR COLORADO TOURISM PLANNING, PROMOTION, AND DEVELOPMENT."

SECTION 3.  The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until April 27, retaining place on Calendar:

Consideration of Resolutions--HJR98-1011, 1021, 1029, 1032, 1035, 1040, SJR98-26, HJR98-1041, 1042, 1036, 1038.

Consideration of Memorials--HM98-1005, SJM98-2.

Consideration of Senate Amendments--HB98-1234, 1256, 1144, 1171, 1390, 1391, 1396, 1228, 1378, 1385, 1389, 1203, 1379.

Consideration of Governor's Vetoes--HB98-1065, 1140, 1149, 1154, 1165, 1214, 1300.

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Correction

H.J. page 1435, line 39, strike "HJR98-1009" and substitute "HJR98-1008".

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On motion of Representative Anderson, the House adjourned until 10:00 a.m., April 27, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk