Prayer by Pastor Wayne Weissenbuehler, Bethany Lutheran Church, Englewood.

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

The roll was called with the following result:

Present--56.

Absent and excused--Representatives Anderson, C.Berry, Entz, Gordon, McPherson, Musgrave, Schauer, Udall--8.

Vacancy--1.

Present after roll call--Representatives C.Berry, Musgrave.

The Speaker Pro Tempore declared a quorum present.

_______________

On motion of Representative Dean, the reading of the journal of February 3, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

BUSINESS AFFAIRS AND LABOR

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

HB98-1140 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 4, after "MODIFIED", insert "FOR CLAIMS ARISING ON AND AFTER SUCH DATE";

line 26, strike "98­____," and substitute "98­1140,".

Page 4, line 1, strike "A OR";

after line 1, insert the following:

"SECTION 2.  8­41­301 (2) (a) and (2) (b), Colorado Revised Statutes, are amended, and the said 8­41­301 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

8­41­301.  Conditions of recovery. (2) (a)  A claim of mental impairment must be proven by evidence supported by the testimony of a licensed physician or psychologist. For purposes of this subsection (2), "mental impairment" means a RECOGNIZED PERMANENT disability arising from an accidental injury arising out of and in the course of employment when the accidental injury involves no physical injury and consists of a psychologically traumatic event that is generally outside of a worker's usual experience and would evoke significant symptoms of distress in a worker in similar circumstances. A mental impairment shall not be considered to arise out of and in the course of employment if it results from a disciplinary action, work evaluation, job transfer, lay­off, demotion, promotion, termination, retirement, or similar action taken in good faith by the employer. THE MENTAL IMPAIRMENT THAT IS THE BASIS OF THE CLAIM MUST HAVE ARISEN PRIMARILY FROM THE CLAIMANT'S THEN OCCUPATION AND PLACE OF EMPLOYMENT.

(a.5)  FOR PURPOSES OF THIS SUBSECTION (2), "MENTAL IMPAIRMENT" ALSO INCLUDES A DISABILITY ARISING FROM AN ACCIDENTAL PHYSICAL INJURY THAT LEADS TO A RECOGNIZED PERMANENT PSYCHOLOGICAL DISABILITY.

(b)  The mental impairment which is the basis of the claim must have arisen primarily from the claimant's then occupation and place of employment. Notwithstanding any other provision of articles 40 to 47 of this title, where a claim is by reason of mental impairment, the claimant shall be limited to twelve weeks of medical impairment benefits which shall be in an amount not less than one hundred fifty dollars per week and not more than fifty percent of the state average weekly wage, inclusive of any temporary disability benefits. This limitation shall not apply to any victim of a crime of violence.".

Renumber succeeding sections accordingly.

HB98-1154 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, strike line 3 and substitute the following:

"Colorado Revised Statutes, is amended, and the said 8­73­107 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:".

Page 2, line 4, strike "8­73­108," and substitute "8­73­108 (4) (b) (I),";

line 5, strike "PROVISIONS AS SET FORTH BY THE DIVISION IN";

after line 7, insert the following:

"(j)  SUCH INDIVIDUAL IS NOT WORKING DUE TO AN AUTHORIZED AND APPROVED VOLUNTARY LEAVE OF ABSENCE, INCLUDING, BUT NOT LIMITED TO, THOSE APPROVED UNDER THE FEDERAL "FAMILY AND MEDICAL LEAVE ACT".";

strike lines 9 and 10 and substitute the following:

"is amended to read:";

strike lines 25 and 26.

Page 3, strike line 1.

HB98-1196 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, strike lines 12 through 15 and substitute the following:

"AVAILABLE TO INJURED WORKERS, AND ALL COMMON-LAW TORT CAUSES OF ACTION FOR CONDUCT PROHIBITED UNDER SAID ARTICLES ARE HEREBY EXPLICITLY ABOLISHED.".

HB98-1235 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, after line 19, insert the following:

"SECTION 3.  Part 1 of article 22 of title 11, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

11-22-107.5.  Trust, fiduciary, and agency powers ­ when. IN ADDITION TO ITS OTHER POWERS, AN INDUSTRIAL BANK THAT IS AUTHORIZED BY ITS CHARTER TO EXERCISE TRUST POWERS, UPON PROPER QUALIFICATION UNDER THIS ARTICLE, HAS THE POWER TO ACT AS A FIDUCIARY IN ANY CAPACITY. IT MAY ALSO ACT AS REGISTRAR, TRANSFER AGENT, FISCAL AGENT, OR ATTORNEY­IN­FACT AND HAVE THE POWER TO RECEIVE, MANAGE, AND APPLY SINKING FUNDS. EVERY INDUSTRIAL BANK THAT IS AUTHORIZED BY ITS CHARTER TO EXERCISE TRUST POWERS PURSUANT TO THIS SECTION SHALL MAKE AND FILE WITH THE COMMISSIONER AN ANNUAL REPORT OF TRUST ASSETS AND SUCH OTHER REPORTS, AS THE BANKING BOARD MAY REQUIRE BY RULE AND REGULATION, ON SUCH FORMS AS MAY BE PRESCRIBED BY THE BANKING BOARD. NO REPORT FILED PURSUANT TO THIS SECTION SHALL BE REQUIRED TO BE PUBLISHED.

SECTION 4.  Repeal. 11­22­108 (1) (c), Colorado Revised Statutes, is repealed as follows:

11­22­108.  Forbidden powers. (1)  No industrial bank has power to do any of the following:

(c)  To accept trusts or act as guardian, administrator, or judicial trustee in any form, but the foregoing shall not prohibit an industrial bank from acting in the capacity of escrow agent;".

Renumber succeeding sections accordingly.

HB98-1270 be postponed indefinitely.

HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

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

HB98-1004 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

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

"SECTION 1.  Title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 43.2

Domestic Violence Treatment Providers

12­43.2­101.  Legislative declaration. THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT DOMESTIC VIOLENCE IS ONE OF THE MOST SIGNIFICANT PROBLEMS FACING THIS STATE. THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT THE COSTS OF SUCH VIOLENCE, BOTH HUMAN AND MONETARY, HAVE GROWN SIGNIFICANTLY AND WILL CONTINUE TO GROW UNTIL SERIOUS EFFORTS ARE UNDERTAKEN BY THE STATE TO REDUCE THEM. THEREFORE, THE GENERAL ASSEMBLY HEREBY DECLARES THAT THE MANAGEMENT AND CONTAINMENT OF DOMESTIC VIOLENCE, THE TREATMENT OF OFFENDERS, AND THE PROTECTION OF CURRENT AND FUTURE VICTIMS ARE CRITICAL TO THE PUBLIC SAFETY AND WELFARE, AND THE REGULATION OF DOMESTIC VIOLENCE TREATMENT PROVIDERS IS ESSENTIAL TO ACHIEVING THESE OBJECTIVES.

12­43.2­102.  Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "AUTHORIZED PROVIDER" MEANS A PERSON OR ENTITY THAT, PURSUANT TO COURT ORDER, TREATS DOMESTIC VIOLENCE OFFENDERS AND IS AUTHORIZED UNDER SECTION 12­43.2­104.

(2)  "BOARD" HAS THE SAME MEANING AS SET FORTH IN SECTION 12­43­201 (1). "BOARD" DOES NOT INCLUDE THE STATE GRIEVANCE BOARD.

(3)  "CERTIFIED PROVIDER" MEANS A PERSON OR ENTITY THAT, PURSUANT TO COURT ORDER, TREATS DOMESTIC VIOLENCE OFFENDERS AND IS CERTIFIED UNDER SECTION 12­43.2­103.

(4)  "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF REGISTRATIONS.

(5)  "DIVISION" MEANS THE DIVISION OF REGISTRATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES.

12­43.2­103.  Certified domestic violence treatment providers ­ requirements. (1)  EFFECTIVE JULY 1, 1999, THE DIRECTOR SHALL CERTIFY DOMESTIC VIOLENCE TREATMENT PROVIDERS PURSUANT TO THIS ARTICLE.

(2)  AN APPLICANT FOR CERTIFICATION TO TREAT DOMESTIC VIOLENCE OFFENDERS SHALL PROVIDE THE DIRECTOR, IN SUCH FORM AS THE DIRECTOR SHALL REQUIRE, WITH INFORMATION THAT INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:

(a)  EVIDENCE OF COMPLIANCE WITH CERTIFICATION STANDARDS AND GUIDELINES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY IN ACCORDANCE WITH SECTION 24­33.5­503 (1) (q), C.R.S.; AND

(b)  DISCLOSURE OF ANY ACT THAT WOULD BE GROUNDS FOR DISCIPLINARY ACTION AGAINST A PROVIDER CERTIFIED UNDER THIS ARTICLE.

(3)  ANY CHANGES IN THE INFORMATION REQUIRED BY SUBSECTION (2) OF THIS SECTION SHALL BE REPORTED TO THE DIRECTOR WITHIN THIRTY DAYS AFTER SAID CHANGE IN THE MANNER PRESCRIBED BY THE DIRECTOR.

(4)  EVERY APPLICANT FOR CERTIFICATION SHALL PAY A REGISTRATION FEE TO BE ESTABLISHED BY THE DIRECTOR IN THE SAME MANNER AS IS AUTHORIZED BY SECTION 24­34­105, C.R.S. THE DIRECTOR SHALL ALSO IMPOSE A RENEWAL FEE AND SHALL PROMULGATE RULES FOR THE ADMINISTRATION OF THIS SECTION, INCLUDING RULES FOR THE REINSTATEMENT OF CERTIFICATIONS THAT HAVE LAPSED DUE TO NONPAYMENT OF RENEWAL FEES.

(5)  EVERY CERTIFIED PROVIDER SHALL REPORT TO THE DIRECTOR EVERY JUDGMENT OR ADMINISTRATIVE ACTION, AS WELL AS THE TERMS OF ANY SETTLEMENT OR OTHER DISPOSITION OF ANY SUCH JUDGMENT OR ACTION, AGAINST SUCH PROVIDER, WHETHER OCCURRING IN COLORADO OR IN ANY OTHER JURISDICTION. SUCH PROVIDER SHALL MAKE SUCH REPORT EITHER WITHIN THIRTY DAYS AFTER THE JUDGMENT OR ACTION OR UPON APPLICATION FOR CERTIFICATION OR REINSTATEMENT, WHICHEVER OCCURS EARLIER.

(6)  NO PERSON WHO IS LICENSED UNDER ARTICLE 43 OF THIS TITLE SHALL APPLY OR BE APPROVED FOR CERTIFICATION UNDER THIS SECTION. INSTEAD, SUCH PERSON SHALL APPLY FOR AUTHORIZATION TO TREAT DOMESTIC VIOLENCE OFFENDERS UNDER SECTION 12­43.2­104.

(7) (a)  EFFECTIVE JULY 1, 1999, THE DIVISION SHALL ADOPT THE TREATMENT STANDARDS AND TRANSITION GUIDELINES ADOPTED BY THE DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD PURSUANT TO SECTION 16­11.8­102 (4) (a), C.R.S.

(b)  EFFECTIVE JANUARY 1, 2001, THE DIVISION SHALL ADOPT THE TREATMENT AND CERTIFICATION STANDARDS AND GUIDELINES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO SECTION 24­33.5­503 (1) (q), C.R.S.

12­43.2­104.  Authorized domestic violence treatment providers ­ requirements. (1)  EFFECTIVE JULY 1, 1999, EACH BOARD SHALL AUTHORIZE THOSE DOMESTIC VIOLENCE TREATMENT PROVIDERS TO WHICH IT ISSUED LICENSES UNDER ARTICLE 43 OF THIS TITLE.

(2)  AN APPLICANT FOR AUTHORIZATION TO TREAT DOMESTIC VIOLENCE OFFENDERS SHALL APPLY WITH THE BOARD THAT ISSUED SUCH APPLICANT'S LICENSE UNDER ARTICLE 43 OF THIS TITLE. A PERSON NOT LICENSED UNDER ARTICLE 43 OF THIS TITLE SHALL NOT APPLY FOR OR BE GRANTED AUTHORIZATION UNDER THIS SECTION.

(3) (a)  EFFECTIVE JULY 1, 1999, EACH BOARD SHALL ADOPT THE TREATMENT STANDARDS AND TRANSITION GUIDELINES ADOPTED BY THE DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD PURSUANT TO SECTION 16­11.8­102 (4) (a), C.R.S.

(b)  EFFECTIVE JANUARY 1, 2001, EACH BOARD SHALL ADOPT THE TREATMENT AND AUTHORIZATION STANDARDS AND GUIDELINES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO SECTION 24­33.5­503 (1) (q), C.R.S.

(4)  EACH BOARD SHALL REQUIRE ITS APPLICANTS FOR AUTHORIZATION TO PROVIDE IT WITH SUCH INFORMATION AS SUCH BOARD DETERMINES IS NECESSARY TO COMPLY AND BE CONSISTENT WITH THE STANDARDS AND GUIDELINES ADOPTED PURSUANT TO SUBSECTION (3) OF THIS SECTION, AND EACH BOARD SHALL DETERMINE WHETHER ITS APPLICANTS FOR AUTHORIZATION MEET SUCH STANDARDS AND GUIDELINES. THE DIRECTOR SHALL NOT BE RESPONSIBLE FOR SUCH DECISIONS.

(5)  ANY CHANGES IN THE INFORMATION REQUIRED BY SUBSECTION (4) OF THIS SECTION SHALL BE REPORTED TO THE APPROPRIATE BOARD WITHIN THIRTY DAYS AFTER SAID CHANGE IN THE MANNER PRESCRIBED BY THE BOARD.

(6)  EVERY APPLICANT FOR AUTHORIZATION SHALL PAY AN AUTHORIZATION FEE SET BY THE APPROPRIATE BOARD IN THE SAME MANNER AS IS AUTHORIZED BY SECTION 24­34­105, C.R.S. THE APPROPRIATE BOARD MAY IMPOSE A RENEWAL FEE AND PROMULGATE RULES FOR THE ADMINISTRATION OF THIS SECTION, INCLUDING RULES FOR THE REINSTATEMENT OF AUTHORIZATIONS THAT LAPSE DUE TO THE NONPAYMENT OF A RENEWAL FEE.

(7)  EVERY PERSON HAVING AUTHORIZATION UNDER THIS SECTION SHALL DISCLOSE TO THE BOARD ANY ACT THAT WOULD BE GROUNDS FOR DISCIPLINARY ACTION UNDER THIS ARTICLE.

(8)  EVERY AUTHORIZED PROVIDER SHALL REPORT TO THE APPROPRIATE BOARD EVERY JUDGMENT OR ADMINISTRATIVE ACTION, AS WELL AS THE TERMS OF ANY SETTLEMENT OR OTHER DISPOSITION OF ANY SUCH JUDGMENT OR ACTION, AGAINST SUCH AUTHORIZED PROVIDER, WHETHER OCCURRING IN COLORADO OR IN ANY OTHER JURISDICTION. THE AUTHORIZED PROVIDER SHALL MAKE SUCH REPORT EITHER WITHIN THIRTY DAYS AFTER THE JUDGMENT OR ACTION OR UPON APPLICATION FOR AUTHORIZATION OR REINSTATEMENT, WHICHEVER OCCURS EARLIER.

12­43.2­105.  Grounds for disciplinary action. (1)  THE DIRECTOR MAY DENY CERTIFICATION TO AN APPLICANT OR TAKE DISCIPLINARY ACTION AGAINST ANY CERTIFIED PROVIDER PURSUANT TO SECTION 24­4­105, C.R.S., AND A BOARD MAY DENY AUTHORIZATION TO AN APPLICANT OR TAKE DISCIPLINARY ACTION AGAINST ANY AUTHORIZED PROVIDER IF SUCH DIRECTOR OR BOARD FINDS THAT SUCH PROVIDER HAS ENGAGED IN ANY OF THE FOLLOWING ACTS:

(a)  BEEN CONVICTED OF A FELONY OR HAS HAD ACCEPTED BY A COURT A PLEA OF GUILTY OR NOLO CONTENDERE TO A FELONY IF THE FELONY IS RELATED TO THE ABILITY TO TREAT DOMESTIC VIOLENCE OFFENDERS. A CERTIFIED COPY OF THE JUDGMENT OF A COURT OF COMPETENT JURISDICTION OF SUCH CONVICTION OR PLEA SHALL BE CONCLUSIVE EVIDENCE OF SUCH CONVICTION OR PLEA. IN CONSIDERING THE DISCIPLINARY ACTION, THE DIRECTOR OR BOARD SHALL BE GOVERNED BY THE PROVISIONS OF SECTION 24­5­101, C.R.S.

(b)  VIOLATED, OR ATTEMPTED TO VIOLATE, DIRECTLY OR INDIRECTLY, OR ASSISTED OR ABETTED THE VIOLATION OF, OR CONSPIRED TO VIOLATE ANY PROVISION OR TERM OF THIS ARTICLE OR RULE PROMULGATED PURSUANT TO THIS ARTICLE OR ANY ORDER OF THE DIRECTOR OR BOARD;

(c)  USED ADVERTISING THAT IS MISLEADING, DECEPTIVE, OR FALSE;

(d) (I)  COMMITTED ABUSE OF HEALTH INSURANCE PURSUANT TO SECTION 18­13­119, C.R.S.;

(II)  ADVERTISED THROUGH NEWSPAPERS, MAGAZINES, CIRCULARS, DIRECT MAIL, DIRECTORIES, RADIO, TELEVISION, OR OTHERWISE THAT THE PROVIDER WILL PERFORM ANY ACT PROHIBITED BY SECTION 18­13­119, C.R.S.;

(e)  IS ADDICTED TO OR DEPENDENT ON ALCOHOL OR ANY HABIT­FORMING DRUG, AS DEFINED IN SECTION 12­22­102 (13), OR IS A HABITUAL USER OF ANY CONTROLLED SUBSTANCE, AS DEFINED IN SECTION 12­22­303 (7), OR ANY ALCOHOLIC BEVERAGE;

(f)  HAS A PHYSICAL OR MENTAL DISABILITY THAT RENDERS THE AUTHORIZED OR CERTIFIED PROVIDER UNABLE TO TREAT HIS OR HER CLIENTS WITH REASONABLE SKILL AND SAFETY OR THAT MAY ENDANGER THE HEALTH OR SAFETY OF PERSONS UNDER SUCH PROVIDER'S CARE;

(g)  ACTED OR FAILED TO ACT IN A MANNER THAT DOES NOT MEET THE GENERALLY ACCEPTED STANDARDS OF THE AUTHORIZED OR CERTIFIED PROVIDER'S PRACTICE. A CERTIFIED COPY OF A MALPRACTICE JUDGMENT OF A COURT OF COMPETENT JURISDICTION SHALL BE CONCLUSIVE EVIDENCE OF SUCH ACT OR OMISSION, BUT EVIDENCE OF SUCH ACT OR OMISSION SHALL NOT BE LIMITED TO A MALPRACTICE JUDGMENT.

(h)  PERFORMED SERVICES OUTSIDE OF THE AUTHORIZED OR CERTIFIED PROVIDER'S AREA OF TRAINING, EXPERIENCE, OR COMPETENCE;

(i)  MAINTAINED RELATIONSHIPS WITH CLIENTS THAT ARE LIKELY TO IMPAIR SUCH AUTHORIZED OR CERTIFIED PROVIDER'S PROFESSIONAL JUDGMENT OR INCREASE THE RISK OF CLIENT EXPLOITATION, SUCH AS TREATING EMPLOYEES, SUPERVISEES, CLOSE COLLEAGUES, OR RELATIVES;

(j)  EXERCISED UNDUE INFLUENCE ON A CLIENT, INCLUDING THE PROMOTION OF THE SALE OF SERVICES, GOODS, PROPERTY, OR DRUGS IN SUCH A MANNER AS TO EXPLOIT THE CLIENT FOR THE FINANCIAL GAIN OF THE AUTHORIZED OR CERTIFIED PROVIDER OR A THIRD PARTY;

(k)  FAILED TO TERMINATE A RELATIONSHIP WITH A CLIENT WHEN IT WAS REASONABLY CLEAR THAT THE CLIENT WAS NOT BENEFITING FROM THE RELATIONSHIP AND WAS NOT LIKELY TO GAIN SUCH BENEFIT IN THE FUTURE;

(l)  FAILED TO REFER A CLIENT TO AN APPROPRIATE PRACTITIONER WHEN THE PROBLEM OF THE CLIENT IS BEYOND SUCH AUTHORIZED OR CERTIFIED PROVIDER'S TRAINING, EXPERIENCE, OR COMPETENCE;

(m)  FAILED TO OBTAIN A CONSULTATION OR PERFORM A REFERRAL WHEN SUCH FAILURE IS NOT CONSISTENT WITH GENERALLY ACCEPTED STANDARDS OF CARE;

(n)  FAILED TO RENDER ADEQUATE PROFESSIONAL SUPERVISION OF PERSONS PRACTICING UNDER SUCH AUTHORIZED OR CERTIFIED PROVIDER'S SUPERVISION ACCORDING TO GENERALLY ACCEPTED STANDARDS OF PRACTICE;

(o)  ACCEPTED COMMISSIONS OR REBATES OR OTHER FORMS OF REMUNERATION FOR REFERRING CLIENTS TO OTHER PROFESSIONAL PERSONS;

(p)  OFFERED OR GIVEN COMMISSIONS, REBATES, OR OTHER FORMS OF REMUNERATION FOR THE REFERRAL OF CLIENTS. NOTWITHSTANDING THIS PROVISION, AN AUTHORIZED OR CERTIFIED PROVIDER MAY PAY AN INDEPENDENT ADVERTISING OR MARKETING AGENT COMPENSATION FOR ADVERTISING OR MARKETING SERVICES RENDERED ON SUCH AUTHORIZED OR CERTIFIED PROVIDER'S BEHALF BY SUCH AGENT, INCLUDING COMPENSATION THAT IS PAID FOR THE RESULTS OF PERFORMANCE OF SUCH SERVICES ON A PER PATIENT BASIS.

(q)  ENGAGED IN SEXUAL CONTACT, SEXUAL INTRUSION, OR SEXUAL PENETRATION, AS DEFINED IN SECTION 18­3­401, C.R.S., WITH A CLIENT DURING THE PERIOD OF TIME IN WHICH A THERAPEUTIC RELATIONSHIP EXISTS OR FOR UP TO SIX MONTHS AFTER THE PERIOD IN WHICH SUCH A RELATIONSHIP EXISTS;

(r)  RESORTED TO FRAUD, MISREPRESENTATION, OR DECEPTION IN APPLYING FOR OR IN SECURING CERTIFICATION OR AUTHORIZATION OR TAKING ANY EXAMINATION PROVIDED FOR IN THIS ARTICLE;

(s)  ENGAGED IN ANY OF THE FOLLOWING ACTIVITIES AND PRACTICES:

(I)  WILLFUL AND REPEATED ORDERING OR PERFORMANCE, WITHOUT CLINICAL JUSTIFICATION, OF DEMONSTRABLY UNNECESSARY LABORATORY TESTS OR STUDIES;

(II)  THE ADMINISTRATION, WITHOUT CLINICAL JUSTIFICATION, OF TREATMENT THAT IS DEMONSTRABLY UNNECESSARY; OR

(III)  ORDERING OR PERFORMING, WITHOUT CLINICAL JUSTIFICATION, ANY SERVICE, X­RAY, OR TREATMENT THAT IS CONTRARY TO THE GENERALLY ACCEPTED STANDARDS OF THE AUTHORIZED OR CERTIFIED PROVIDER'S PRACTICE;

(t)  FALSIFIED OR REPEATEDLY MADE INCORRECT ESSENTIAL ENTRIES OR REPEATEDLY FAILED TO MAKE ESSENTIAL ENTRIES ON PATIENT RECORDS;

(u)  COMMITTED A FRAUDULENT INSURANCE ACT, AS DESCRIBED IN SECTION 10­1­127, C.R.S.; OR

(v)  ENGAGED IN THE PRACTICE OF TREATING DOMESTIC VIOLENCE OFFENDERS WITHOUT BEING CERTIFIED PURSUANT TO SECTION 12­43.2­103 OR AUTHORIZED PURSUANT TO SECTION 12­43.2­104.

(2)  THE DIRECTOR OR BOARD MAY ACCEPT, AS PRIMA FACIE EVIDENCE OF THE COMMISSION OF ANY ACT ENUMERATED IN SUBSECTION (1) OF THIS SECTION, EVIDENCE OF DISCIPLINARY ACTION TAKEN BY ANOTHER JURISDICTION OR ANOTHER STATE REGULATORY AGENCY AGAINST AN AUTHORIZED OR CERTIFIED PROVIDER IF SUCH DISCIPLINARY ACTION WAS BASED UPON ACTS OR PRACTICES SUBSTANTIALLY SIMILAR TO THOSE ENUMERATED IN SUBSECTION (1) OF THIS SECTION.

(3)  THIS SECTION SHALL TAKE EFFECT JULY 1, 1999.

12­43.2­106.  Disciplinary authority and proceedings. (1)  IF AN AUTHORIZED OR CERTIFIED PROVIDER HAS VIOLATED ANY OF THE PROVISIONS OF SECTION 12­43.2­105, THE DIRECTOR OR BOARD MAY DENY, REVOKE, OR SUSPEND SUCH PROVIDER'S CERTIFICATION OR AUTHORIZATION, ISSUE A LETTER OF ADMONITION, PLACE SUCH PROVIDER ON PROBATION, OR APPLY FOR AN INJUNCTION PURSUANT TO SECTION 12­43.2­107 TO ENJOIN SUCH PROVIDER FROM PRACTICING THE PROFESSION FOR WHICH HE OR SHE IS CERTIFIED OR AUTHORIZED UNDER THIS ARTICLE.

(2) (a)  IF, AS A RESULT OF AN INVESTIGATION OF A COMPLAINT BY ANY PERSON OR OF AN INVESTIGATION ON ITS OWN MOTION, THE DIRECTOR OR BOARD DETERMINES THAT ANY PERSON IS ACTING OR HAS ACTED IN VIOLATION OF SECTION 12­43.2­105, AND THE DIRECTOR OR BOARD DETERMINES THAT SUCH VIOLATION CREATES AN EMERGENCY CONDITION THAT MAY AFFECT THE HEALTH, SAFETY, OR WELFARE OF ANY PERSON, SUCH DIRECTOR OR BOARD MAY ISSUE AN ORDER TO CEASE AND DESIST SUCH ACTIVITY. THE ORDER SHALL SET FORTH THE STATUTES AND RULES ALLEGED TO HAVE BEEN VIOLATED, THE FACTS ALLEGED TO HAVE CONSTITUTED THE VIOLATION, AND THE REQUIREMENT THAT ALL UNLAWFUL ACTS IMMEDIATELY CEASE. THE AUTHORIZED OR CERTIFIED PROVIDER SO ORDERED MAY REQUEST A HEARING ON THE QUESTION OF WHETHER ANY VIOLATION OCCURRED IF SUCH REQUEST IS MADE WITHIN THIRTY DAYS AFTER THE DATE OF SERVICE OF THE ORDER TO CEASE AND DESIST. UPON REQUEST, ANY AUTHORIZED OR CERTIFIED PROVIDER ORDERED TO CEASE AND DESIST UNLAWFUL ACTS AS AUTHORIZED IN THIS SUBSECTION (2) SHALL BE ENTITLED TO A HEARING AND AN ORAL OR WRITTEN DECISION FROM AN ADMINISTRATIVE LAW JUDGE ON ANY SUCH ORDER WITHIN SEVEN WORKING DAYS AFTER THE ISSUANCE THEREOF. THE HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 4 OF TITLE 24, C.R.S.

(b)  IN THE EVENT AN AUTHORIZED OR CERTIFIED PROVIDER FAILS TO COMPLY WITH A CEASE AND DESIST ORDER, THE DIRECTOR OR BOARD MAY REQUEST THE ATTORNEY GENERAL OR THE DISTRICT ATTORNEY FOR THE JUDICIAL DISTRICT IN WHICH THE ALLEGED VIOLATION EXISTS TO BRING, AND IF SO REQUESTED THE ATTORNEY GENERAL OR DISTRICT ATTORNEY SHALL BRING, A SUIT FOR A TEMPORARY RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF TO PREVENT ANY FURTHER OR CONTINUED VIOLATION OF THE ORDER.

(c)  NO STAY OF A CEASE AND DESIST ORDER SHALL BE ISSUED UNTIL AFTER A HEARING INVOLVING BOTH PARTIES HAS BEEN HELD.

(3)  THIS SECTION SHALL TAKE EFFECT JULY 1, 1999.

12­43.2­107.  Injunctive proceedings. (1)  THE DIRECTOR OR BOARD MAY, IN THE NAME OF THE PEOPLE OF THE STATE OF COLORADO, THROUGH THE ATTORNEY GENERAL OF THE STATE OF COLORADO, APPLY FOR AN INJUNCTION IN ANY COURT OF COMPETENT JURISDICTION, TO ENJOIN ANY CERTIFIED OR AUTHORIZED PROVIDER FROM COMMITTING ANY ACT PROHIBITED BY THIS ARTICLE.

(2)  IF IT IS ESTABLISHED THAT THE AUTHORIZED OR CERTIFIED PROVIDER HAS BEEN OR IS COMMITTING ANY ACT PROHIBITED BY THIS ARTICLE, THE COURT SHALL ENTER A DECREE PERPETUALLY ENJOINING THE AUTHORIZED OR CERTIFIED PROVIDER FROM FURTHER COMMITTING SUCH ACT OR FROM TREATING DOMESTIC VIOLENCE OFFENDERS.

(3)  SUCH INJUNCTIVE PROCEEDINGS SHALL BE IN ADDITION TO AND NOT IN LIEU OF ALL PENALTIES AND OTHER REMEDIES PROVIDED IN THIS ARTICLE.

(4)  WHEN SEEKING AN INJUNCTION UNDER THIS SECTION, THE DIRECTOR OR BOARD SHALL NOT BE REQUIRED TO ALLEGE OR PROVE EITHER THAT AN ADEQUATE REMEDY AT LAW DOES NOT EXIST OR THAT SUBSTANTIAL OR IRREPARABLE DAMAGE WOULD RESULT FROM A CONTINUED VIOLATION.

(5)  THIS SECTION SHALL TAKE EFFECT JULY 1, 1999.

12­43.2­108.  Repeal of article. (1)  THIS ARTICLE IS REPEALED, EFFECTIVE JULY 1, 2004.

(2)  PRIOR TO SUCH REPEAL, THE FUNCTIONS OF CERTIFYING AND AUTHORIZING DOMESTIC VIOLENCE TREATMENT PROVIDERS SHALL BE REVIEWED AS PROVIDED FOR IN SECTION 24­34­104, C.R.S.

SECTION 2.  Part 3 of article 43 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

12­43­303.5.  Authorization. (1)  THE BOARD SHALL:

(a)  ADOPT THE TREATMENT STANDARDS AND TRANSITION GUIDELINES ADOPTED BY THE DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD PURSUANT TO SECTION 16­11.8­102 (4) (a), C.R.S.;

(b)  EFFECTIVE JANUARY 1, 2001, ADOPT THE TREATMENT AND AUTHORIZATION STANDARDS AND GUIDELINES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO SECTION 24­33.5­503 (1) (q), C.R.S., FOR THE AUTHORIZATION OF DOMESTIC VIOLENCE TREATMENT PROVIDERS;

(c)  ESTABLISH APPLICATION REQUIREMENTS AND PROCEDURES, INCLUDING THE IMPOSITION OF A REGISTRATION FEE AND ANY RENEWAL FEE, FOR PERSONS WHO APPLY TO BE AUTHORIZED DOMESTIC VIOLENCE TREATMENT PROVIDERS;

(d)  DETERMINE WHETHER APPLICANTS MEET THE REQUIREMENTS FOR AUTHORIZATION WITHIN THE STANDARDS AND GUIDELINES ADOPTED PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (1);

(e)  PROMULGATE RULES FOR THE ADMINISTRATION OF THE AUTHORIZATION PROGRAM PURSUANT TO ARTICLE 43.2 OF THIS TITLE.

(2)  THIS SECTION SHALL TAKE EFFECT JULY 1, 1999.

SECTION 3.  Part 4 of article 43 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

12­43­404.5.  Authorization. (1)  THE BOARD SHALL:

(a)  ADOPT THE TREATMENT STANDARDS AND TRANSITION GUIDELINES ADOPTED BY THE DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD PURSUANT TO SECTION 16­11.8­102 (4) (a), C.R.S.;

(b)  EFFECTIVE JANUARY 1, 2001, ADOPT THE TREATMENT AND AUTHORIZATION STANDARDS AND GUIDELINES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO SECTION 24­33.5­503 (1) (q), C.R.S., FOR THE AUTHORIZATION OF DOMESTIC VIOLENCE TREATMENT PROVIDERS;

(c)  ESTABLISH APPLICATION REQUIREMENTS AND PROCEDURES, INCLUDING THE IMPOSITION OF A REGISTRATION FEE AND ANY RENEWAL FEE, FOR PERSONS WHO APPLY TO BE AUTHORIZED DOMESTIC VIOLENCE TREATMENT PROVIDERS;

(d)  DETERMINE WHETHER APPLICANTS MEET THE REQUIREMENTS FOR AUTHORIZATION WITHIN THE STANDARDS AND GUIDELINES ADOPTED PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (1);

(e)  PROMULGATE RULES FOR THE ADMINISTRATION OF THE AUTHORIZATION PROGRAM PURSUANT TO ARTICLE 43.2 OF THIS TITLE.

(2)  THIS SECTION SHALL TAKE EFFECT JULY 1, 1999.

SECTION 4.  Part 5 of article 43 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

12­43­505.  Authorization. (1)  THE BOARD SHALL:

(a)  ADOPT THE TREATMENT STANDARDS AND TRANSITION GUIDELINES ADOPTED BY THE DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD PURSUANT TO SECTION 16­11.8­102 (4) (a), C.R.S.;

(b)  EFFECTIVE JANUARY 1, 2001, ADOPT THE TREATMENT AND AUTHORIZATION STANDARDS AND GUIDELINES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO SECTION 24­33.5­503 (1) (q), C.R.S., FOR THE AUTHORIZATION OF DOMESTIC VIOLENCE TREATMENT PROVIDERS;

(c)  ESTABLISH APPLICATION REQUIREMENTS AND PROCEDURES, INCLUDING THE IMPOSITION OF A REGISTRATION FEE AND ANY RENEWAL FEE, FOR PERSONS WHO APPLY TO BE AUTHORIZED DOMESTIC VIOLENCE TREATMENT PROVIDERS;

(d)  DETERMINE WHETHER APPLICANTS MEET THE REQUIREMENTS FOR AUTHORIZATION WITHIN THE STANDARDS AND GUIDELINES ADOPTED PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (1);

(e)  PROMULGATE RULES FOR THE ADMINISTRATION OF THE AUTHORIZATION PROGRAM PURSUANT TO ARTICLE 43.2 OF THIS TITLE.

(2)  THIS SECTION SHALL TAKE EFFECT JULY 1, 1999.

SECTION 5.  Part 6 of article 43 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

12­43­605.  Authorization. (1)  THE BOARD SHALL:

(a)  ADOPT THE TREATMENT STANDARDS AND TRANSITION GUIDELINES ADOPTED BY THE DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD PURSUANT TO SECTION 16­11.8­102 (4) (a), C.R.S.;

(b)  EFFECTIVE JANUARY 1, 2001, ADOPT THE TREATMENT AND AUTHORIZATION STANDARDS AND GUIDELINES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO SECTION 24­33.5­503 (1) (q), C.R.S., FOR THE AUTHORIZATION OF DOMESTIC VIOLENCE TREATMENT PROVIDERS;

(c)  ESTABLISH APPLICATION REQUIREMENTS AND PROCEDURES, INCLUDING THE IMPOSITION OF A REGISTRATION FEE AND ANY RENEWAL FEE, FOR PERSONS WHO APPLY TO BE AUTHORIZED DOMESTIC VIOLENCE TREATMENT PROVIDERS;

(d)  DETERMINE WHETHER APPLICANTS MEET THE REQUIREMENTS FOR AUTHORIZATION WITHIN THE STANDARDS AND GUIDELINES ADOPTED PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (1);

(e)  PROMULGATE RULES FOR THE ADMINISTRATION OF THE AUTHORIZATION PROGRAM PURSUANT TO ARTICLE 43.2 OF THIS TITLE.

(2)  THIS SECTION SHALL TAKE EFFECT JULY 1, 1999.

SECTION 6.  Title 16, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 11.8

Standardized Treatment Program

for Domestic Violence Offenders

16­11.8­101.  Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "BOARD" MEANS THE DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD CREATED IN SECTION 16­11.8­102.

(2)  "CONVICTED" OR "CONVICTION" MEANS A PLEA OF GUILTY, INCLUDING A PLEA OF GUILTY ENTERED PURSUANT TO A DEFERRED SENTENCE UNDER SECTION 18­6­801 (4), C.R.S., OR A VERDICT OF GUILTY BY A JUDGE OR JURY, AND INCLUDES A PLEA OF NO CONTEST ACCEPTED BY THE COURT.

(3)  "OFFENDER" MEANS A PERSON CONVICTED OF COMMITTING ANY CRIME, THE UNDERLYING FACTUAL BASIS OF WHICH INCLUDES AN ACT OF DOMESTIC VIOLENCE AS DEFINED IN SECTION 18­6­800.3 (1), C.R.S.

(4)  "TREATMENT" MEANS THERAPY, MONITORING, AND SUPERVISION OF A DOMESTIC VIOLENCE OFFENDER THAT CONFORMS TO THE STANDARDS AND GUIDELINES CREATED BY THE BOARD PURSUANT TO SECTION 16­11.8­102.

16­11.8­102.  Domestic violence offender management board ­ creation ­ duties ­ repeal. (1)  THERE IS HEREBY CREATED, IN THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY, A DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD, WHICH SHALL CONSIST OF MEMBERS. THE MEMBERSHIP OF THE BOARD SHALL CONSIST OF THE FOLLOWING PERSONS:

(a)  ONE MEMBER REPRESENTING THE PROBATION DEPARTMENT IN THE JUDICIAL DEPARTMENT APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT;

(b)  ONE MEMBER REPRESENTING THE JUDICIAL DEPARTMENT APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT WHO IS AN APPOINTED JUDGE;

(c)  ONE MEMBER REPRESENTING THE DEPARTMENT OF CORRECTIONS APPOINTED BY THE EXECUTIVE DIRECTOR OF SUCH DEPARTMENT;

(d)  ONE MEMBER REPRESENTING THE DEPARTMENT OF HUMAN SERVICES APPOINTED BY THE EXECUTIVE DIRECTOR OF SUCH DEPARTMENT;

(e)  ONE MEMBER REPRESENTING THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE, APPOINTED BY THE EXECUTIVE DIRECTOR OF SUCH DEPARTMENT;

(f)  THREE MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY WHO ARE LICENSED MENTAL HEALTH PROFESSIONALS WITH RECOGNIZABLE EXPERTISE IN THE TREATMENT OF DOMESTIC VIOLENCE OFFENDERS, ONE OF WHOM SHALL BE A CERTIFIED ADDICTIONS COUNSELOR III;

(g)  ONE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY WHO IS A DISTRICT ATTORNEY OR THE DESIGNEE OF A DISTRICT ATTORNEY;

(h)  ONE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY WHO IS A MEMBER OF A COMMUNITY CORRECTIONS BOARD;

(i)  ONE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY WHO IS A PUBLIC DEFENDER;

(j)  ONE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY WHO IS A REPRESENTATIVE OF LAW ENFORCEMENT;

(k)  TWO MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY WHO ARE RECOGNIZED EXPERTS IN THE FIELD OF DOMESTIC VIOLENCE AND WHO CAN REPRESENT DOMESTIC VIOLENCE VICTIMS AND VICTIMS' RIGHTS ORGANIZATIONS;

(l)  ONE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY WHO IS A REPRESENTATIVE OF THE ALCOHOL AND DRUG ABUSE DIVISION IN THE DEPARTMENT OF HUMAN SERVICES; AND

(m)  ONE MEMBER APPOINTED BY THE DIRECTOR OF THE DIVISION OF REGISTRATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES WHO IS AN UNLICENSED PROVIDER TREATING DOMESTIC VIOLENCE OFFENDERS PURSUANT TO SECTION 18­6­802, C.R.S., OR CERTIFIED PURSUANT TO SECTION 12­43.2­103, C.R.S.

(2)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL APPOINT A PRESIDING OFFICER FOR THE BOARD FROM AMONG THE BOARD MEMBERS APPOINTED PURSUANT TO SUBSECTION (1) OF THIS SECTION, WHICH PRESIDING OFFICER SHALL SERVE AT THE PLEASURE OF SUCH DIRECTOR.

(3) (a)  ANY MEMBER OF THE BOARD WHO IS APPOINTED PURSUANT TO PARAGRAPHS (a) TO (e) OF SUBSECTION (1) OF THIS SECTION SHALL SERVE AT THE PLEASURE OF THE OFFICIAL WHO APPOINTED SUCH MEMBER, FOR A TERM THAT SHALL NOT EXCEED FOUR YEARS. SUCH MEMBERS SHALL SERVE WITHOUT ADDITIONAL COMPENSATION.

(b)  ANY MEMBER OF THE BOARD WHO IS APPOINTED PURSUANT TO PARAGRAPHS (f) TO (m) OF SUBSECTION (1) OF THIS SECTION SHALL SERVE FOR A TERM OF FOUR YEARS. SUCH MEMBERS SHALL SERVE WITHOUT COMPENSATION.

(4)  THE BOARD SHALL CARRY OUT THE FOLLOWING DUTIES:

(a)  EFFECTIVE JULY 1, 1999, ADOPT TREATMENT AND TRANSITION GUIDELINES FOR DOMESTIC VIOLENCE TREATMENT PROVIDERS AND ADOPT STANDARDS FOR THE TREATMENT OF DOMESTIC VIOLENCE OFFENDERS. SUCH STANDARDS SHALL BE BASED ON THE MANUAL OF STANDARDS PREPARED PURSUANT TO SECTION 18­6­803, C.R.S. SUCH STANDARDS SHALL BE EFFECTIVE UNTIL JANUARY 1, 2001.

(b)  EFFECTIVE JANUARY 1, 2001, THE BOARD SHALL:

(I)  DEVELOP AND PRESCRIBE A STANDARDIZED PROCEDURE FOR THE EVALUATION AND IDENTIFICATION OF DOMESTIC VIOLENCE OFFENDERS. SUCH PROCEDURE SHALL PROVIDE FOR AN EVALUATION AND IDENTIFICATION OF THE OFFENDER AND RECOMMEND BEHAVIOR MANAGEMENT AND TREATMENT. THE BOARD SHALL DEVELOP AND IMPLEMENT METHODS OF INTERVENTION FOR DOMESTIC VIOLENCE OFFENDERS THAT HAVE AS A PRIORITY THE PHYSICAL AND PSYCHOLOGICAL SAFETY OF VICTIMS AND POTENTIAL VICTIMS AND THAT ARE APPROPRIATE TO THE NEEDS OF THE PARTICULAR OFFENDER, SO LONG AS THERE IS NO REDUCTION OF THE SAFETY OF VICTIMS AND POTENTIAL VICTIMS.

(II)  ESTABLISH STANDARDS AND GUIDELINES FOR THE AUTHORIZATION AND CERTIFICATION OF DOMESTIC VIOLENCE TREATMENT PROVIDERS.

(III)  DEVELOP AND IMPLEMENT GUIDELINES AND STANDARDS FOR A SYSTEM OF PROGRAMS FOR THE TREATMENT OF DOMESTIC VIOLENCE OFFENDERS THAT CAN BE USED BY SUCH OFFENDERS WHO ARE PLACED ON PROBATION, INCARCERATED WITH THE DEPARTMENT OF CORRECTIONS, PLACED ON PAROLE, OR PLACED IN COMMUNITY CORRECTIONS. THE PROGRAMS DEVELOPED PURSUANT TO THIS SUBPARAGRAPH (III) SHALL BE AS FLEXIBLE AS POSSIBLE SO THAT SUCH PROGRAMS MAY BE UTILIZED BY EACH OFFENDER TO PREVENT HIM OR HER FROM HARMING VICTIMS AND POTENTIAL VICTIMS. SUCH PROGRAMS SHALL BE STRUCTURED IN SUCH A MANNER THAT THE PROGRAMS PROVIDE A CONTINUING MONITORING PROCESS AS WELL AS A CONTINUUM OF TREATMENT PROGRAMS FOR EACH OFFENDER AS THAT OFFENDER PROCEEDS THROUGH THE CRIMINAL JUSTICE SYSTEM AND MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, GROUP COUNSELING, INDIVIDUAL COUNSELING, OUTPATIENT TREATMENT, INPATIENT TREATMENT, OR TREATMENT IN A THERAPEUTIC COMMUNITY. ALSO, SUCH PROGRAMS SHALL BE DEVELOPED IN SUCH A MANNER THAT, TO THE EXTENT POSSIBLE, THE PROGRAMS MAY BE ACCESSED BY ALL OFFENDERS IN THE CRIMINAL JUSTICE SYSTEM.

(c)  RESEARCH AND ANALYZE THE EFFECTIVENESS OF THE EVALUATION, IDENTIFICATION, AND TREATMENT PROCEDURES AND PROGRAMS DEVELOPED PURSUANT TO THIS ARTICLE. THE BOARD SHALL ALSO DEVELOP AND PRESCRIBE A SYSTEM FOR IMPLEMENTATION OF THE GUIDELINES AND STANDARDS DEVELOPED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH (b) OF THIS SUBSECTION (4) AND FOR TRACKING DOMESTIC VIOLENCE OFFENDERS WHO HAVE BEEN SUBJECTED TO EVALUATION, IDENTIFICATION, AND TREATMENT PURSUANT TO THIS ARTICLE. IN ADDITION, THE BOARD SHALL DEVELOP A SYSTEM FOR MONITORING DOMESTIC VIOLENCE OFFENDER BEHAVIORS AND ADHERENCE TO PRESCRIBED BEHAVIORAL CHANGES. THE RESULTS OF SUCH TRACKING AND BEHAVIORAL MONITORING SHALL BE A PART OF ANY ANALYSIS MADE PURSUANT TO THIS PARAGRAPH (c).

(d)  PROMULGATE SUCH RULES AS ARE NECESSARY FOR THE ADMINISTRATION OF THE PROVISIONS OF THIS ARTICLE.

(5)  THE BOARD AND THE INDIVIDUAL MEMBERS THEREOF SHALL BE IMMUNE FROM ANY LIABILITY, WHETHER CIVIL OR CRIMINAL, FOR THE GOOD FAITH PERFORMANCE OF THE DUTIES OF THE BOARD AS SPECIFIED IN THIS SECTION.

(6) (a)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2004.

(b)  PRIOR TO SUCH REPEAL, THE DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD APPOINTED PURSUANT TO THIS SECTION SHALL BE REVIEWED AS PROVIDED FOR IN SECTION 24­34­104, C.R.S.

16­11.8­103.  Report to the general assembly. ON OR BEFORE MARCH 1, 2001, THE BOARD SHALL MAKE A REPORT TO A JOINT MEETING OF THE JUDICIARY COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES REGARDING THE IMPLEMENTATION OF THIS ARTICLE, THE STANDARDIZED PROCEDURES DEVELOPED PURSUANT TO THIS ARTICLE, AND THE RESULTS OF THE PROGRAMS CREATED BY THIS ARTICLE.

SECTION 70  18­6­801 (1), Colorado Revised Statutes, is amended, and the said 18­6­801 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

18­6­801.  Domestic violence ­ sentencing. (1) (a)  In addition to any sentence which is imposed upon a person for violation of any criminal law under this title, any person who is convicted of any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18­6­800.3 (1), or any crime against property, whether or not such crime is a felony, when such crime is used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship, shall be ordered to complete a treatment program which is certified in accordance with section 18­6­802 THAT COMPLIES WITH TREATMENT, CERTIFICATION, AND AUTHORIZATION STANDARDS AND GUIDELINES AND TRANSITION GUIDELINES ADOPTED BY THE DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD IN THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO SECTION 16­11.8­102, C.R.S. If an intake evaluation conducted by a certified treatment program OR AUTHORIZED provider discloses that sentencing to a treatment program would be inappropriate, the person shall be referred back to the court for alternative disposition.

(b)  The court may order an evaluation to be conducted prior to sentencing if an evaluation would assist the court in determining an appropriate sentence. The person ordered to undergo such evaluation shall be required to pay the cost of the evaluation. If such evaluation recommends treatment, and if the court so finds, the person shall be ordered to complete a treatment program which is certified in accordance with section 18­6­802 THAT COMPLIES WITH TREATMENT, CERTIFICATION, AND AUTHORIZATION STANDARDS AND GUIDELINES AND TRANSITION GUIDELINES ADOPTED BY THE DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD IN THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO SECTION 16­11.8­102, C.R.S.

(c)  Nothing in this subsection (1) shall preclude the court from ordering domestic violence treatment in any appropriate case.

(d)  ANY DEFENDANT WHO IS ORDERED TO COMPLETE A TREATMENT PROGRAM THAT COMPLIES WITH TREATMENT, CERTIFICATION, AND AUTHORIZATION STANDARDS AND GUIDELINES AND TRANSITION GUIDELINES ADOPTED BY THE DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD IN THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO SECTION 16­11.8­102, C.R.S., OR IS ORDERED TO SUBMIT TO AN EVALUATION PURSUANT TO THIS SECTION SHALL PAY FOR THE TREATMENT PROGRAM OR EVALUATION ON A SLIDING FEE BASIS. ANY DEFENDANT DETERMINED BY THE COURT TO BE INDIGENT SHALL PAY A NOMINAL FEE OR MAY BE REQUIRED TO PERFORM IN­KIND SERVICE USEFUL TO THE TREATING AGENCY. A DEFENDANT SHALL BE DETERMINED TO BE INDIGENT ONLY IF SUCH DEFENDANT CAN SHOW EVIDENCE THAT HE OR SHE IS ACTIVELY LOOKING FOR EMPLOYMENT OR PURSUING VOCATIONAL COUNSELING OR TRAINING AND HAS MADE A COMMITMENT TO THE TREATMENT PROGRAM.

(1.5)  THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, AS AMENDED, SHALL BE EFFECTIVE JANUARY 1, 2001.

SECTION 80  18­6­802, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

18­6­802.  Domestic violence ­ local board ­ treatment programs ­ liability immunity ­ repeal. (4)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 1999.

SECTION 90  18­6­803, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

18­6­803.  Commission ­ manual of standards for treatment of domestic violence offenders ­ repeal. (5)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 1999.

SECTION 100  Repeal.  18­6­805, Colorado Revised Statutes, is repealed as follows:

18­6­805.  Repeal of sections ­ repeal. (1)  Sections 18­6­802 and 18­6­803 are repealed, effective July 1, 1998. Prior to such repeal, the functions of certifying and setting standards for domestic violence treatment programs by local boards and the commission on domestic violence shall be reviewed as provided for in section 24­34­104, C.R.S. Such review shall be made by the sunrise and sunset review committee which conducts such review pursuant to section 12­43­712, C.R.S.

(2)  This section is repealed, effective July 1, 1998.

SECTION 110  24­33.5­503 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

24­33.5­503.  Duties of division. (1)  The division has the following duties:

(q)  TO ESTABLISH, EFFECTIVE JANUARY 1, 2001, TREATMENT STANDARDS AND STANDARDS AND GUIDELINES FOR THE CERTIFICATION AND AUTHORIZATION OF DOMESTIC VIOLENCE TREATMENT PROVIDERS BY THE DIVISION OF REGISTRATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES AND THE LICENSING BOARDS ESTABLISHED UNDER ARTICLE 43 OF TITLE 12, C.R.S. THE DIVISION SHALL ALSO ESTABLISH GUIDELINES FOR LOCAL BOARDS APPOINTED PURSUANT TO SECTION 18­6­802, C.R.S., THE STATE COMMISSION DESCRIBED IN SECTION 18­6­803, C.R.S., AND DOMESTIC VIOLENCE TREATMENT PROVIDERS TO PROVIDE FOR THEIR TRANSITION TO THE NEW TREATMENT, CERTIFICATION, AND AUTHORIZATION STANDARDS AND GUIDELINES WHEN THE SAME ARE ADOPTED BY THE DIVISION OF REGISTRATIONS AND THE APPROPRIATE BOARD.

SECTION 120  Repeal.  24­34­104 (27) (e), Colorado Revised Statutes, is repealed as follows:

24­34­104.  General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (27) (e)  The following function of the commission on domestic violence in the judicial department shall terminate on July 1, 1998: The function of certifying and setting standards for domestic violence treatment programs in accordance with sections 18­6­802 and 18­6­803, C.R.S.

SECTION 130  24­34­104 (34), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:

24­34­104.  General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (34)  The following agencies, functions, or both, shall terminate on July 1, 2004:

(g)  THE CERTIFICATION OF DOMESTIC VIOLENCE TREATMENT PROVIDERS BY THE DIVISION OF REGISTRATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES, IN ACCORDANCE WITH ARTICLE 43.2 OF TITLE 12, C.R.S.;

(h)  THE AUTHORIZATION OF DOMESTIC VIOLENCE TREATMENT PROVIDERS BY A BOARD ESTABLISHED IN ARTICLE 43 OF TITLE 12, C.R.S., IN ACCORDANCE WITH ARTICLE 43.2 OF TITLE 12, C.R.S.;

(i)  THE DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD CREATED IN SECTION 16­11.8­102, C.R.S.

SECTION 140  10­1­127 (1), Colorado Revised Statutes, is amended to read:

10­1­127.  Fraudulent insurance acts ­ immunity for furnishing information relating to suspected insurance fraud ­ legislative declaration. (1)  For purposes of this title, articles 40 to 47 of title 8, and articles 6, 7, 29.5, 32, 33, 35, 36, 38, 40, 41, and 43, AND 43.2 of title 12, C.R.S., a fraudulent insurance act is committed if a person knowingly and with intent to defraud presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, a purported insurer, a broker, or any agent thereof any written statement as part or in support of an application for the issuance or the rating of an insurance policy or a claim for payment or other benefit pursuant to an insurance policy which THAT he or she knows to contain false information concerning any fact material thereto or if he or she knowingly and with intent to defraud or mislead conceals information concerning any fact material thereto. For purposes of this section, "written statement" includes a patient medical record as such term is defined in section 18­4­412 (2) (a), C.R.S., and any bill for medical services.

SECTION 150  Effective date. This act shall take effect July 1, 1998.

SECTION 160  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

Page 1, line 102, strike "PERPETRATOR" and substitute "OFFENDER".

HB98­1019 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, after line 9, insert the following:

"(III) THE PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH (b) SHALL NOT APPLY IN ANY CASE IN WHICH THE DECISION TO DISCHARGE THE NEWBORN PRIOR TO THE MINIMUM LENGTH OF STAY OTHERWISE REQUIRED UNDER SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH (b) IS MADE BY AN ATTENDING PROVIDER WITH THE AGREEMENT OF THE MOTHER.

(IV) NOTHING IN THIS PARAGRAPH (b) SHALL BE CONSTRUED TO REQUIRE A MOTHER WHO IS A PARTICIPANT OR BENEFICIARY TO GIVE BIRTH IN A HOSPITAL OR TO STAY IN THE HOSPITAL FOR A FIXED PERIOD OF TIME AFTER THE BIRTH OF HER CHILD.

(V) NOTHING IN THIS PARAGRAPH (b) SHALL BE CONSTRUED AS PREVENTING A CARRIER FROM IMPOSING DEDUCTIBLES, COINSURANCE, OR OTHER COST­SHARING IN RELATION TO BENEFITS FOR HOSPITAL LENGTHS OF STAY IN CONNECTION WITH CHILDBIRTH FOR A MOTHER OR NEWBORN CHILD UNDER THE PLAN; EXCEPT THAT SUCH COINSURANCE OR OTHER COST­SHARING FOR ANY PORTION OF A PERIOD WITHIN A HOSPITAL LENGTH OF STAY REQUIRED UNDER SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH (b) MAY NOT BE GREATER THAN SUCH COINSURANCE OR COST­SHARING FOR ANY OTHER SICKNESS, INJURY, DISEASE, OR CONDITION THAT IS OTHERWISE COVERED UNDER THE POLICY OR CONTRACT.".

Page 3, after line 13, insert the following:

"(IV) THE PROVISIONS OF SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH (a) SHALL NOT APPLY IN ANY CASE IN WHICH THE DECISION TO DISCHARGE PRIOR TO THE MINIMUM LENGTH OF STAY OTHERWISE REQUIRED UNDER SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH (a) IS MADE BY AN ATTENDING PROVIDER WITH THE AGREEMENT OF THE MOTHER.

(V) NOTHING IN THIS PARAGRAPH (a) SHALL BE CONSTRUED TO REQUIRE A MOTHER WHO IS A PARTICIPANT OR BENEFICIARY TO GIVE BIRTH IN A HOSPITAL OR TO STAY IN THE HOSPITAL FOR A FIXED PERIOD OF TIME AFTER THE BIRTH OF HER CHILD.

(VI) NOTHING IN THIS PARAGRAPH (a) SHALL BE CONSTRUED AS PREVENTING A CARRIER FROM IMPOSING DEDUCTIBLES, COINSURANCE, OR OTHER COST­SHARING IN RELATION TO BENEFITS FOR HOSPITAL LENGTHS OF STAY IN CONNECTION WITH CHILDBIRTH FOR A MOTHER OR NEWBORN CHILD UNDER THE PLAN; EXCEPT THAT SUCH COINSURANCE OR OTHER COST­SHARING FOR ANY PORTION OF A PERIOD WITHIN A HOSPITAL LENGTH OF STAY REQUIRED UNDER SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH (a) MAY NOT BE GREATER THAN SUCH COINSURANCE OR COST­SHARING FOR ANY OTHER SICKNESS, INJURY, DISEASE, OR CONDITION THAT IS OTHERWISE COVERED UNDER THE POLICY OR CONTRACT.".

HB98-1131 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 4, strike lines 25 and 26 and substitute the following:

"(a)  TELEPHONE COMMUNICATION DEVICES FOR THE HEARING IMPAIRED AND OTHER FACILITATIVE LISTENING DEVICES EXCEPT FOR HEARING AIDS AS DEFINED IN SECTION 6­1­105.5 (1) (b) (I) AND COCHLEAR IMPLANTS AS DEFINED IN SECTION 6­1­105.5 (1) (b) (II);".

HB98-1134 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 1, strike lines 8 through 11.

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

"(2)  The maximum reimbursement for the services provided by a member of the person's family per year for each client shall not exceed five SEVEN thousand dollars per family per year.".

HB98­1137 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, strike lines 14 through 19 and substitute the following:

"FEDERAL SOCIAL SECURITY ACT.";

line 19, after the period, add "A COUNTY SHALL NOT BE REQUIRED TO APPROPRIATE FUNDS TO PROVIDE A COUNTY MATCH PURSUANT TO THE PROVISIONS OF SECTION 26­1­122 FOR ANY FUNDS TRANSFERRED PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (8).".

HB98­1161 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

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

"SECTION 10  Title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 20

Protection of Persons from Restraint

26­20­101.  Short title.  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "PROTECTION OF PERSONS FROM RESTRAINT ACT".

26-20-102.  Definitions.  AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1) (a)  "AGENCY" MEANS:

(I)  ANY ONE OF THE PRINCIPAL DEPARTMENTS OF STATE GOVERNMENT CREATED IN ARTICLE 1 OF TITLE 24, C.R.S., OR ANY DIVISION, SECTION, UNIT, OFFICE, OR AGENCY WITHIN ONE OF SUCH PRINCIPAL DEPARTMENTS OF STATE GOVERNMENT, EXCEPT AS EXCLUDED IN PARAGRAPH (b) OF THIS SUBSECTION (1);

(II)  ANY PUBLIC OR PRIVATE ENTITY THAT HAS ENTERED INTO A CONTRACT FOR SERVICES WITH ANY ENTITY DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (a);

(III)  ANY COUNTY, CITY AND COUNTY, MUNICIPALITY, OR POLITICAL SUBDIVISION OF THE STATE OR ANY DEPARTMENT, DIVISION, SECTION, UNIT, OFFICE, OR AGENCY OF SUCH COUNTY, CITY AND COUNTY, MUNICIPALITY, OR POLITICAL SUBDIVISION OF THE STATE;

(IV)  ANY PUBLIC OR PRIVATE ENTITY LICENSED OR CERTIFIED BY ONE OF THE ENTITIES DESCRIBED IN SUBPARAGRAPH (I) OR (III) OF THIS PARAGRAPH (a);

(V)  ANY SCHOOL DISTRICT ORGANIZED AND AUTHORIZED PURSUANT TO ARTICLE 32 OF TITLE 22, C.R.S.

(b)  "AGENCY" DOES NOT INCLUDE:

(I)  THE DEPARTMENT OF CORRECTIONS OR ANY PUBLIC OR PRIVATE ENTITY THAT HAS ENTERED INTO A CONTRACT FOR SERVICES WITH SUCH DEPARTMENT;

(II)  ANY LAW ENFORCEMENT AGENCY OF THE STATE OR OF A POLITICAL SUBDIVISION OF THE STATE;

(III)  A JUVENILE PROBATION DEPARTMENT OR DIVISION AUTHORIZED PURSUANT TO SECTION 19­2­204, C.R.S.;

(IV)  ANY COUNTY DEPARTMENT OF SOCIAL SERVICES WHEN ENGAGED IN PERFORMANCE OF DUTIES PURSUANT TO PART 3 OF ARTICLE 3 OF TITLE 19, C.R.S.

(2)  "CHEMICAL RESTRAINT" MEANS GIVING AN INDIVIDUAL MEDICATION INVOLUNTARILY FOR THE PURPOSE OF RESTRAINING THAT INDIVIDUAL; EXCEPT THAT "CHEMICAL RESTRAINT" DOES NOT INCLUDE THE INVOLUNTARY ADMINISTRATION OF MEDICATION PURSUANT TO SECTION 27­10­111 (4.5), C.R.S.

(3)  "EMERGENCY" MEANS A SERIOUS, PROBABLE, IMMINENT THREAT OF BODILY HARM TO SELF OR OTHERS WHERE THERE IS THE PRESENT ABILITY TO EFFECT SUCH BODILY HARM.

(4)  "MECHANICAL RESTRAINT" MEANS A PHYSICAL DEVICE USED TO RESTRICT THE MOVEMENT OF AN INDIVIDUAL OR THE MOVEMENT OR NORMAL FUNCTION OF A PORTION OF HIS OR HER BODY.

(5)  "PHYSICAL RESTRAINT" MEANS THE USE OF BODILY, PHYSICAL FORCE TO LIMIT AN INDIVIDUAL'S FREEDOM OF MOVEMENT .

(6)  "RESTRAINT" MEANS ANY METHOD OR DEVICE USED TO LIMIT FREEDOM OF MOVEMENT, INCLUDING BUT NOT LIMITED TO BODILY PHYSICAL FORCE, MECHANICAL DEVICES, OR CHEMICALS. "RESTRAINT" INCLUDES A CHEMICAL RESTRAINT, A MECHANICAL RESTRAINT, A PHYSICAL RESTRAINT, AND SECLUSION. "RESTRAINT" DOES NOT INCLUDE:

(a)  THE USE OF PROTECTIVE DEVICES FOR PROVIDING PHYSICAL SUPPORT, PREVENTION OF ACCIDENTAL INJURY, OR MEDICAL PURPOSES FOLLOWING A MEDICAL PROCEDURE PURSUANT TO A PHYSICIAN'S ORDER;

(b)  THE HOLDING OF AN INDIVIDUAL FOR LESS THAN FIVE MINUTES BY A STAFF PERSON FOR PROTECTION OF THE INDIVIDUAL OR OTHER PERSONS;

(c)  PLACEMENT OF AN INPATIENT OR RESIDENT IN HIS OR HER ROOM FOR THE NIGHT; OR

(d)  THE USE OF TIME­OUT AS MAY BE DEFINED BY WRITTEN POLICIES, RULES, OR PROCEDURES OF AN AGENCY.

(7)  "SECLUSION" MEANS THE PLACEMENT OF A PERSON ALONE IN A ROOM FROM WHICH EGRESS IS INVOLUNTARILY PREVENTED.

26­20­103.  Basis for use of restraint. (1)  SUBJECT TO THE PROVISIONS OF THIS ARTICLE, AN AGENCY MAY ONLY USE RESTRAINT:

(a)  IN CASES OF EMERGENCY; AND

(b) (I)  AFTER THE FAILURE OF LESS RESTRICTIVE ALTERNATIVES; OR

(II)  AFTER A DETERMINATION THAT SUCH ALTERNATIVES WOULD BE INAPPROPRIATE OR INEFFECTIVE UNDER THE CIRCUMSTANCES.

(2)  AN AGENCY THAT USES RESTRAINT PURSUANT TO THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION SHALL USE SUCH RESTRAINT:

(a)  FOR THE PURPOSE OF PREVENTING THE CONTINUATION OR RENEWAL OF EMERGENCY;

(b)  FOR THE PERIOD OF TIME NECESSARY TO ACCOMPLISH ITS PURPOSE; AND

(c)  IN THE CASE OF PHYSICAL RESTRAINT, USING NO MORE FORCE THAN IS NECESSARY TO LIMIT THE INDIVIDUAL'S FREEDOM OF MOVEMENT.

(3) (a)  THE GENERAL ASSEMBLY RECOGNIZES THAT SKILLED NURSING AND NURSING CARE FACILITIES ARE SUBJECT TO FEDERAL STATUTES AND REGULATIONS CONCERNING THE USE OF RESTRAINT IN SUCH FACILITIES THAT AFFORD PROTECTIONS FROM RESTRAINT IN A MANNER CONSISTENT WITH THE PURPOSES AND POLICIES SET FORTH IN THIS ARTICLE.

(b)  IF THE USE OF RESTRAINT IN SKILLED NURSING AND NURSING CARE FACILITIES LICENSED UNDER STATE LAW IS IN ACCORDANCE WITH THE FEDERAL STATUTES AND REGULATIONS GOVERNING THE MEDICARE PROGRAM SET FORTH IN 42 U.S.C. SEC. 1395i­3(c) AND 42 C.F.R. PART 483, SUBPART B AND THE MEDICAID PROGRAM SET FORTH IN 42 U.S.C. SEC. 1396r(c) AND 42 C.F.R. PART 483, SUBPART B AND WITH THE REGULATIONS OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT RELATING TO THE LICENSING OF THESE FACILITIES, THERE SHALL BE A CONCLUSIVE PRESUMPTION THAT SUCH USE OF RESTRAINT IS IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.

(4) (a)  THE GENERAL ASSEMBLY RECOGNIZES THAT ARTICLE 10.5 OF TITLE 27, C.R.S., AND THE REGULATIONS PROMULGATED PURSUANT TO THE AUTHORITY SET FORTH IN THAT ARTICLE, ADDRESS THE USE OF RESTRAINT ON A PERSON WITH A DEVELOPMENTAL DISABILITY.

(b)  IF THE USE OF RESTRAINT ON A PERSON WITH A DEVELOPMENTAL DISABILITY IS PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 10.5 OF TITLE 27, C.R.S., AND THE REGULATIONS PROMULGATED UNDER THE AUTHORITY SET FORTH IN THAT ARTICLE , THERE SHALL BE A CONCLUSIVE PRESUMPTION THAT SUCH USE OF RESTRAINT IS IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.

(5) THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO ANY AGENCY WHILE ENGAGED IN TRANSPORTING A PERSON FROM ONE FACILITY OR LOCATION TO ANOTHER FACILITY OR LOCATION WHEN IT IS WITHIN THE SCOPE OF THAT AGENCY'S POWERS AND AUTHORITY TO EFFECT SUCH TRANSPORTATION.

26­20­104.  Duties relating to use of restraint. (1)  NOTWITHSTANDING THE PROVISIONS OF SECTION 26­20­103, AN AGENCY THAT USES RESTRAINT SHALL ENSURE THAT:

(a)  STAFF TRAINED IN THE USE OF RESTRAINTS SHALL CHECK MECHANICAL RESTRAINTS FOR COMFORT, BODY ALIGNMENT, AND CIRCULATION AT LEAST EVERY FIFTEEN MINUTES, EXCEPT WHEN THE INDIVIDUAL BEING RESTRAINED IS SLEEPING;

(b)  NO PHYSICAL OR MECHANICAL RESTRAINT OF AN INDIVIDUAL SHALL PLACE EXCESS PRESSURE ON THE CHEST OR BACK OF THAT INDIVIDUAL OR INHIBIT OR IMPEDE THE INDIVIDUAL'S ABILITY TO BREATHE;

(c)  DURING PHYSICAL RESTRAINT OF AN INDIVIDUAL, AN AGENT OR EMPLOYEE OF THE AGENCY SHALL HAVE A CONTINUOUS CLEAR VIEW OF THE FACE OF THE INDIVIDUAL IN SUCH PHYSICAL RESTRAINT;

(d)  A MEDICATION INTENDED TO RESTRAIN AN INDIVIDUAL SHALL BE GIVEN ONLY ON THE ORDER OF A PHYSICIAN WHO HAS DETERMINED, EITHER WHILE PRESENT DURING THE COURSE OF THE EMERGENCY JUSTIFYING THE USE OF THE RESTRAINT OR AFTER TELEPHONE CONSULTATION WITH A REGISTERED NURSE, CERTIFIED PHYSICIAN ASSISTANT, OR OTHER AUTHORIZED STAFF PERSON WHO IS PRESENT AT THE TIME AND SITE OF THE EMERGENCY AND WHO HAS PERSONALLY EXAMINED THE INDIVIDUAL, THAT SUCH FORM OF RESTRAINT IS THE LEAST RESTRICTIVE, MOST APPROPRIATE ALTERNATIVE AVAILABLE;

(e)  AN ORDER FOR MEDICATION INTENDED TO RESTRAIN AN INDIVIDUAL, ALONG WITH THE REASONS FOR ITS ISSUANCE, SHALL BE RECORDED IN WRITING AT THE TIME OF ITS ISSUANCE;

(f)  AN ORDER FOR MEDICATION INTENDED TO RESTRAIN AN INDIVIDUAL SHALL BE SIGNED AT THE TIME OF ITS ISSUANCE BY SUCH PHYSICIAN IF PRESENT AT THE TIME OF THE EMERGENCY;

(g)  AN ORDER FOR MEDICATION INTENDED TO RESTRAIN AN INDIVIDUAL, IF AUTHORIZED BY TELEPHONE, SHALL BE TRANSCRIBED AND SIGNED AT THE TIME OF ITS ISSUANCE BY AN INDIVIDUAL WITH THE AUTHORITY TO ACCEPT TELEPHONE MEDICATION ORDERS WHO IS PRESENT AT THE TIME OF THE EMERGENCY;

(h)  NO MEDICATION SHALL BE USED FOR RESTRAINT PURSUANT TO A TELEPHONED ORDER UNLESS THE MEDICATION SO ORDERED HAS BEEN PREVIOUSLY AUTHORIZED FOR THE INDIVIDUAL; EXCEPT THAT, IF MEDICATION HAS NOT BEEN PREVIOUSLY USED FOR RESTRAINT OF THAT INDIVIDUAL, A PHYSICIAN MAY AUTHORIZE TELEPHONICALLY THE USE OF MEDICATION FOR RESTRAINT;

(i)  NOTATIONS SHALL BE MADE IN THE RECORD OF THE INDIVIDUAL AS TO ANY BEHAVIORAL EFFECTS OF THE MEDICATION AFTER CLINICALLY APPROPRIATE LENGTHS OF TIME. CHECKS FOR SUCH BEHAVIORAL EFFECTS SHALL BE MADE BY STAFF TRAINED IN THE ADMINISTRATION OF MEDICATION.

(2)  RELIEF PERIODS FOR INDIVIDUALS IN MECHANICAL RESTRAINT SHALL OCCUR, EXCEPT WHEN THE INDIVIDUAL BEING RESTRAINED IS SLEEPING OR WHEN PRECLUDED FOR SAFETY REASONS, AT LEAST TEN MINUTES OF EVERY TWO HOURS OF RESTRAINT, AND THESE RELIEF PERIODS SHALL BE NOTED IN THE RECORDS OF THE INDIVIDUAL BEING RESTRAINED. PROVISION SHALL BE MADE BY STAFF ESCORTS, DURING RELIEF PERIODS FROM RESTRAINT OR OTHERWISE, FOR REASONABLE ACCESS TO TOILET FACILITIES.

(3)  RELEASE PERIODS FROM SECLUSION SHALL BE PROVIDED FOR REASONABLE ACCESS TO TOILET FACILITIES.

(4)  AN INDIVIDUAL IN PHYSICAL RESTRAINT SHALL BE RELEASED FROM SUCH RESTRAINT WITHIN FIFTEEN MINUTES AFTER THE INITIATION OF PHYSICAL RESTRAINT EXCEPT WHEN PRECLUDED FOR SAFETY REASONS.

26­20­105.  Staff training.  ALL AGENCIES SHALL ENSURE THAT STAFF IN FACILITIES OR PROGRAMS UTILIZING RESTRAINT ARE TRAINED IN THE APPROPRIATE USE OF RESTRAINT.

26­20­106.  Documentation requirements. (1)  EACH AGENCY SHALL ENSURE THAT THE USE OF RESTRAINT IS DOCUMENTED SO AS TO ENSURE A RECORD OF THE FOLLOWING:

(a)  THE NATURE OF THE RESTRAINT;

(b)  THE REASON FOR THE RESTRAINT;

(c)  THE TYPES OF LESS RESTRICTIVE ALTERNATIVES THAT WERE TRIED OR CONSIDERED;

(d)  THE PERSON AUTHORIZING THE RESTRAINT;

(e)  THE TIME OR TIMES RESTRAINT WAS ADMINISTERED; AND

(f)  THE DURATION OF THE RESTRAINT.

(2)  THE DOCUMENTATION REQUIRED BY SUBSECTION (1) OF THIS SECTION MUST BE KEPT IN THE RECORD OF THE INDIVIDUAL BEING RESTRAINED.

26­20­107.  Review of the use of restraint. EACH AGENCY SHALL ENSURE THAT A REVIEW PROCESS IS ESTABLISHED FOR THE APPROPRIATE USE OF RESTRAINT.

26­20­108.  Regulations. EACH AGENCY THAT IS AUTHORIZED TO PROMULGATE REGULATIONS SHALL ADOPT REGULATIONS THAT ESTABLISH PROCEDURES FOR THE USE OF RESTRAINT CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE. ANY AGENCY THAT HAS REGULATIONS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ARTICLE IS NOT REQUIRED TO PROMULGATE ADDITIONAL REGULATIONS UNLESS THAT AGENCY'S EXISTING REGULATIONS DO NOT MEET THE MINIMUM REQUIREMENTS OF THIS ARTICLE.

26­20­109.  Limitations. (1)  NOTHING IN THIS ARTICLE SHALL BE DEEMED TO FORM AN INDEPENDENT BASIS OF STATUTORY AUTHORITY FOR THE USE OF RESTRAINT.

(2)  NOTHING IN THIS ARTICLE SHALL BE DEEMED TO AUTHORIZE AN AGENCY TO IMPLEMENT POLICIES, PROCEDURES, OR STANDARDS OR PROMULGATE REGULATIONS THAT WOULD LIMIT, DECREASE, OR ADVERSELY IMPACT ANY POLICIES, PROCEDURES, STANDARDS, OR REGULATIONS IN EFFECT ON THE EFFECTIVE DATE OF THIS ARTICLE THAT PROVIDED GREATER PROTECTION CONCERNING THE USE OF RESTRAINT THAN ARE SET FORTH IN THIS ARTICLE.

SECTION 20  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.".

STATE, VETERANS AND MILITARY AFFAIRS

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

HB98-1163 be postponed indefinitely.

HB98­1191 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, strike lines 13 through 17.

Strike pages 3 through 6.

Page 7, strike lines 1 through 22 and substitute the following:

"SECTION 2.  Title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

24­54.7­101.  Legislative declaration.  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT IT IS ESSENTIAL FOR THE STATE GOVERNMENT TO BE ABLE TO ATTRACT AND RETAIN THE MOST QUALIFIED ELECTED OFFICIALS AND EMPLOYEES IN ORDER TO PRESERVE AND ENHANCE THE ABILITY OF THE STATE TO PROVIDE THE HIGHEST QUALITY SERVICE TO THE PEOPLE OF COLORADO. ACCORDINGLY, IN ORDER TO ATTRACT AND RETAIN SUCH OFFICIALS AND EMPLOYEES, THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT IT IS IMPERATIVE THAT THE STATE GOVERNMENT SHOULD HAVE THE MAXIMUM FLEXIBILITY TO PROVIDE ALTERNATIVE DEFINED CONTRIBUTION PLANS.

24­54.7­102.  Definitions.  AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "ASSOCIATION" MEANS THE PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION ESTABLISHED PURSUANT TO SECTION 24­51­201.

(2)  "DEFINED CONTRIBUTION PLAN" MEANS A PLAN OR PLANS ESTABLISHED PURSUANT TO THE PROVISIONS OF THIS ARTICLE FOR THE BENEFIT OF ELIGIBLE EMPLOYEES.

(3)  "ELIGIBLE EMPLOYEE" MEANS A MEMBER OF THE GENERAL ASSEMBLY, THE GOVERNOR, THE LIEUTENANT GOVERNOR, THE ATTORNEY GENERAL, THE SECRETARY OF STATE, THE STATE TREASURER, AN EXECUTIVE DIRECTOR OF A DEPARTMENT OF STATE APPOINTED BY THE GOVERNOR, A NONCLASSIFIED EMPLOYEE OF THE GENERAL ASSEMBLY, AND A NONCLASSIFIED EMPLOYEE OF THE OFFICE OF THE GOVERNOR FOR WHOM A DEFINED CONTRIBUTION PLAN HAS BEEN ESTABLISHED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.

(4)  "ELIGIBLE POSITION" MEANS A POSITION WITH AN EMPLOYER FOR WHICH A DEFINED CONTRIBUTION PLAN IS AVAILABLE PURSUANT TO THE PROVISIONS OF THIS ARTICLE.

(5)  "EMPLOYER" MEANS THE STATE, THE GENERAL ASSEMBLY, AND ANY STATE DEPARTMENT THAT EMPLOYS AN ELIGIBLE EMPLOYEE.

24­54.7­103.  Establishment of defined contribution plans.  THE LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY AND THE OFFICE OF THE GOVERNOR ARE EACH AUTHORIZED TO ESTABLISH ONE OR MORE DEFINED CONTRIBUTION PLANS PURSUANT TO THE PROVISIONS OF THIS ARTICLE. THE LEGISLATIVE COUNCIL AND THE OFFICE OF THE GOVERNOR SHALL EACH ESTABLISH AT LEAST ONE SUCH PLAN ON OR BEFORE JANUARY 1, 1999. ANY PLAN ESTABLISHED BY THE LEGISLATIVE COUNCIL PURSUANT TO THIS SECTION SHALL BE ADMINISTERED BY THE LEGISLATIVE COUNCIL, AND ANY PLAN ESTABLISHED BY THE OFFICE OF THE GOVERNOR SHALL BE ADMINISTERED BY THE OFFICE OF THE GOVERNOR.

24­54.7­104.  Requirements for defined contribution plans ­ contributions and purchases of contracts. (1)  THE LEGISLATIVE COUNCIL SHALL ESTABLISH THE TERMS AND CONDITIONS OF ANY DEFINED CONTRIBUTION PLAN ESTABLISHED BY THE LEGISLATIVE COUNCIL PURSUANT TO SECTION 24­54.7­103. THE OFFICE OF THE GOVERNOR SHALL ESTABLISH THE TERMS AND CONDITIONS OF ANY DEFINED CONTRIBUTION PLAN ESTABLISHED BY THE OFFICE OF THE GOVERNOR PURSUANT TO SECTION 24­54.7­103. BENEFITS UNDER ANY DEFINED CONTRIBUTION PLAN ESTABLISHED PURSUANT TO THIS ARTICLE MAY BE PROVIDED THROUGH ANNUITY CONTRACTS, CERTIFICATES, OR A COMBINATION OF ANNUITY CONTRACTS AND CERTIFICATES OR SIMILAR INSTRUMENTS AND CONTRACTS AND MAY BE FIXED OR VARIABLE IN NATURE. ANY SUCH DEFINED CONTRIBUTION PLAN MAY PROVIDE RETIREMENT AND DEATH BENEFITS.

(2)  THE LEGISLATIVE COUNCIL AND THE OFFICE OF THE GOVERNOR SHALL, FOR EACH DEFINED CONTRIBUTION PLAN ESTABLISHED BY SUCH ENTITY:

(a)  PROVIDE FOR THE ADMINISTRATION OF SUCH DEFINED CONTRIBUTION PLAN; AND

(b)  DESIGNATE FROM TIME TO TIME THE COMPANIES FROM WHICH CONTRACTS FOR SUCH DEFINED CONTRIBUTION PLANS SHALL BE PURCHASED. IN DESIGNATING SUCH COMPANIES, THE LEGISLATIVE COUNCIL OR THE OFFICE OF THE GOVERNOR SHALL TAKE INTO CONSIDERATION:

(I)  THE NATURE AND EXTENT OF THE RIGHTS AND BENEFITS SUCH CONTRACTS WILL PROVIDE TO THE ELIGIBLE EMPLOYEES ELECTING TO PARTICIPATE IN SUCH DEFINED CONTRIBUTION PLANS AND FOR THE BENEFICIARIES OF SUCH ELIGIBLE EMPLOYEES;

(II)  THE RELATION OF SUCH RIGHTS AND BENEFITS TO THE AMOUNT OF CONTRIBUTIONS TO BE MADE;

(III)  THE SUITABILITY OF SUCH RIGHTS AND BENEFITS TO THE NEEDS AND INTERESTS OF ELIGIBLE EMPLOYEES ELECTING TO PARTICIPATE IN SUCH DEFINED CONTRIBUTION PLANS AND TO THE INTERESTS OF THE STATE GOVERNMENT IN THE EMPLOYMENT AND RETENTION OF ELIGIBLE EMPLOYEES;

(IV)  THE ABILITY OF THE DESIGNATED COMPANIES TO PROVIDE THE REQUIRED RIGHTS AND BENEFITS UNDER THE CONTRACT OR CONTRACTS FOR SUCH DEFINED CONTRIBUTION PLANS; AND

(V)  THE EFFICACY OF SUCH CONTRACTS IN THE RECRUITMENT AND RETENTION OF QUALIFIED PUBLIC OFFICIALS AND EMPLOYEES.

(c)  NO FEWER THAN FIVE SEPARATE AND DISTINCT PROVIDERS OF INVESTMENT PRODUCTS SHALL BE SELECTED FOR EACH DEFINED CONTRIBUTION PLAN ESTABLISHED PURSUANT TO THIS ARTICLE. PROVIDERS SHALL SERVICE THEIR ACCOUNTS OR PAY A FEE TO THE LEGISLATIVE COUNCIL FOR PLANS ESTABLISHED BY THE LEGISLATIVE COUNCIL OR TO THE OFFICE OF THE GOVERNOR FOR PLANS ESTABLISHED BY THE OFFICE OF THE GOVERNOR SO THAT THE LEGISLATIVE COUNCIL OR THE OFFICE OF THE GOVERNOR MAY SERVICE THE ACCOUNTS. IN ADDITION, PROVIDERS SHALL PAY FEES TO PROVIDE FOR THE ACTUAL COSTS OF ADMINISTRATION OF THE DEFINED CONTRIBUTION PLAN. ALL INVESTMENT PRODUCTS PROVIDED BY A DEFINED CONTRIBUTION PLAN MUST BE PORTABLE.

24­54.7­105.  Employer and employee contributions.  RATES FOR EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO A DEFINED CONTRIBUTION PLAN ESTABLISHED PURSUANT TO THIS ARTICLE SHALL BE THE SAME AS THE RATES THAT WOULD BE PAYABLE BY SUCH EMPLOYER AND EMPLOYEE TO THE ASSOCIATION FOR THE STATE DIVISION PURSUANT TO SECTION 24­51­401.".

HB98-1226 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, line 5, after "INVOLVING", insert "HUMAN";

line 6, before "REPRODUCTIVE", insert "HUMAN".

HB98­1322 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 2, after line 5, insert the following:

"SECTION 2. 25­7­114.2, Colorado Revised Statutes, is amended to read:

25­7­114.2. Construction permits. (1)  No person shall construct or substantially alter any building, facility, structure, or installation, except single­family residential structures, or install any machine, equipment, or other device, or commence the conduct of any such activity, or commence performance of any combinations thereof, or commence operations of any of the same which THAT will or do constitute a new stationary source or a new indirect air pollution source without first obtaining or having a valid construction permit therefor from the division or commission, as the case may be; except that no construction permit shall be required for new indirect air pollution sources until regulations regarding construction permits for such sources have been promulgated by the commission, but in no event shall regulations governing indirect air pollution sources be more stringent than those required for compliance with the federal act and final rules and regulations adopted pursuant thereto. Any emission permit validly issued prior to July 1, 1992, pursuant to section 25­7­114, as said section existed prior to July 1, 1992, and in effect on or after July 1, 1992, shall be deemed to be a valid construction permit issued pursuant to this section. The commission shall designate by regulation those classes of minor or insignificant sources of air pollution which THAT are exempt from the requirement for a permit because of their negligible impact on air quality.

(2) (a)  THE GENERAL ASSEMBLY HEREBY DECLARES THAT SHORT­TERM EMISSION LIMITS SHALL NOT BE PLACED IN STATIONARY SOURCE AIR POLLUTION PERMITS UNLESS SPECIFICALLY REQUIRED BY A FEDERALLY APPLICABLE REQUIREMENT ADOPTED PURSUANT TO THE FEDERAL ACT.

(b)  FOR CONSTRUCTION PERMITS ISSUED UNDER THIS SECTION, THE DIVISION MAY IMPOSE A SHORT­TERM EMISSION LIMIT ONLY IF IT DEMONSTRATES THAT SUCH A LIMIT IS NECESSARY TO PROTECT A SPECIFIC SHORT­TERM NATIONAL AMBIENT AIR QUALITY STANDARD AT THE PROPERTY LINE FOR COMPLIANCE WITH THE STATE IMPLEMENTATION PLAN. IN THAT CIRCUMSTANCE, THE DIVISION MAY PROPOSE IN A DRAFT CONSTRUCTION PERMIT THE LONGEST EMISSION LIMIT FEASIBLE. THE SOURCE MAY THEN DEMONSTRATE THAT THE SHORT­TERM EMISSION LIMIT IS NOT NECESSARY TO PROTECT A SPECIFIC NATIONAL AMBIENT AIR QUALITY STANDARD WITH REFINED MODELING, MONITORING, OR OTHER TECHNICAL MEANS OR TO DEMONSTRATE THAT A LONGER SHORT­TERM EMISSION LIMIT WOULD BE BOTH PROTECTIVE OF THE NATIONAL AMBIENT AIR QUALITY STANDARD AND ECONOMICALLY FEASIBLE FOR THE SOURCE.".

Renumber succeeding sections accordingly.

Page 3, strike lines 5 through 18.

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PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB98-1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, and 1359.

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB98-1002; HR98-1006; HJR98-1006.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB98­1121.

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB98-019;

SB98- 023, amended as printed in Senate Journal, February 2, pages 150-151;

SB98- 054, amended as printed in Senate Journal, February 2, page 151.

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MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB98-019; and, without comment, as amended, SB98-023 and 054.

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INTRODUCTION OF BILLS

First Reading

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

HB98-1360 by Representatives Owen, Grampsas, and Romero; also Senators Rizzuto, Blickensderfer, and Lacy--Concerning the authorization of the drug assistance component of the federal "Ryan White C.A.R.E. Act of 1990", as amended.

Committee on Health, Environment, Welfare and Institutions.

SB98-019 by Senator Chlouber; also Representative George--Concerning extending the repeal dates for certain horse racing regulations.

Committee on Agriculture, Livestock and Natural Resources.

SB98-023 by Senator Pascoe; also Representative Morrison--Con-cerning actions to protect against unsafe used infant cribs.

Committee on Health, Environment, Welfare and Institutions.

SB98-054 by Senator Dennis; also Representative Kaufman--Con-cerning regulation of private prison facilities.

Committee on Judiciary.

_______________

House in recess. House reconvened.

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COMMUNICATIONS FROM THE SECRETARY OF STATE

STATE OF COLORADO

Department of State

CERTIFICATE

I, VICTORIA BUCKLEY, Secretary of State of the State of Colorado, do hereby certify that the attached is a true and exact copy of the letter from the Honorable Doug Lamborn, to Secretary of State Victoria Buckley, dated February 2, 1998, in which he resigns his position as State Representative from House District 20, effective upon being sworn in as State Senator for District 9, which is set for Monday, February 2, 1998.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Colorado, at the City of Denver this 2nd day of February, 1998.

(Signed)

Victoria Buckley

Secretary of State

_________

STATE OF COLORADO

Department of State

CERTIFICATE

I, VICTORIA BUCKLEY, Secretary of State of the State of Colorado, do hereby certify that the attached is a true and exact copy of the Certificate of Appointment to fill a Vacancy as filed in this office on February 4, 1998 by the Republican State Representative District 20 Vacancy Committee naming Lynn Christian Hefley to said Vacancy in the second regular session of the sixty-first General Assembly of the State of Colorado, caused by the resignation of the Honorable Doug Lamborn.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Colorado, at the City of Denver this 4th day of February, 1998.

(Signed)

Victoria Buckley

Secretary of State

_________

STATE OF COLORADO

Department of State

CERTIFICATE

I, VICTORIA BUCKLEY, Secretary of State of the State of Colorado, do hereby certify that the attached is a true and exact copy of the notice of Declaration of Acceptance of Appointment to fill a vacancy in the office of State House District 20, as filed in this office on February 4, 1998, as filed by Lynn Christian Hefley.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Colorado, at the City of Denver this 4th day of February, 1998.

(Signed)

Victoria Buckley

Secretary of State

_______________

APPOINTMENT

The Speaker announced the appointment of Representative Faatz as Chairman of the Committee on Credentials.

_______________

House in recess. House reconvened.

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REPORT OF THE COMMITTEE ON CREDENTIALS

The Committee on Credentials has made examination and finds that the certificate of the Republican Vacancy Committee for the Twentieth District, State of Colorado, naming Lynn Hefley, certified by the Secretary of State of the State of Colorado, is a true, complete and authentic certificate. Lynn Hefley is entitled to membership in this body pursuant to law is such case made and provided.

(signed) Jeanne Faatz, Chairman

(signed) Carol A. Snyder

(signed) Tony Grampsas

_______________

On motion of Representative Faatz, the report of the Committee on Credentials was adopted by viva voce vote.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, Consideration of General Orders (HB98-1183) was laid over until February 5, retaining place on Calendar.

_______________

On motion of Representative Anderson, the House adjourned until 9:00 a.m., February 5, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk