Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Reverend Glen E. Hamlyn.
Roll Call Present--Total, 27.
Absent/Excused--Lacy, Pascoe, Wattenberg--Total, 3.
Absent--Ament, Congrove, Dennis, Thiebaut, Wham--Total, 5.
Present later--Ament, Congrove, Dennis, Lacy, Thiebaut,
Wattenberg, Wham.
Quorum The President announced a quorum present.
Reading of On motion of Senator Chlouber, reading of the Journal of April 27th was dispensed with
Journal and the Journal stands approved as corrected
by the Secretary.
SENATE SERVICES REPORT
Senate Correctly enrolled: SB 98-23; SJR 98-20; SR 98-10, 11.
Services
Correctly engrossed: SB 98-194.
Correctly revised: HB 98-1072, 1272, 1287, 1324,
1364, 1398.
MESSAGES FROM THE GOVERNOR
Appoint- Letters of designation and appointment from Governor Romer were read and assigned to
ments Committee as follows:
April 7, 1998
To the Honorable
Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Ladies and Gentlemen:
Pursuant to the powers conferred upon me by the Constitution and Laws of the State of Colorado, I have the honor to designate, appoint and submit to your consideration, the following:
for terms expiring January 1, 2003:
Ellen J. Golombek of Denver, Colorado, to serve as
a representative of employees of an employer insured by the state
compensation insurance authority and to fill a vacancy occasioned
by the resignation of Ernest L. Duran, appointed.
Sincerely,
(Signed)
Roy Romer
Governor
Rec'd 4/13/98
P. Dicks, Assistant Secretary
Committee on Business Affairs and Labor
April 21, 1998
To the Honorable
Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Ladies and Gentlemen:
Pursuant to the powers conferred upon me by the Constitution
and Laws of the State of Colorado, I have the honor to designate,
appoint and submit to your consideration, the following:
for a term expiring the third Wednesday of January,
1999:
Cole P. Finegan of Denver, Colorado, to fill a vacancy
occasioned by the resignation of John P. Scully, appointed.
Sincerely,
(Signed)
Roy Romer
Governor
Rec'd 4/22/98
P. Dicks, Assistant Secretary
Committee on Agriculture, Natural Resources and Energy
Committee on Education
______________________________
On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of SR 98-12.
______________________________
CONSIDERATION OF RESOLUTION
SR 98-12 by Senator Matsunaka--Thompson Valley Boys' Swim Team
(Printed in Senate Journal, April 16, pages 855-856.)
On motion of Senator Matsunaka, the Resolution was ADOPTED by the following roll call vote:
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | YE | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | E | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | YY | Johnson | Y | Phillips | Y | Wattenberg | E |
Blickensderfer |
Y | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
Co-sponsors added: Alexander, Ament, Arnold, Bishop,
Blickensderfer, Chlouber, Coffman, Congrove, Dennis, Feeley, Hernandez,
Hopper, Johnson, Lamborn, Linkhart, Martinez, Mutzebaugh, Norton,
Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder,
Tanner, Tebedo, Thiebaut, Weddig, Wells, Wham.
______________________________
On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of HJR 98-1042.
______________________________
CONSIDERATION OF RESOLUTION
HJR 98-1042 by Rep. Anderson; Senator Wells--Opposition to Marijuana for Medical Purposes
(Printed in House Journal, April 16, pages 1361-1362
and as amended as printed in House Journal, April 27.)
On motion of Senator Wells, the Resolution was ADOPTED by the following roll call vote:
YES 29 | NO 3 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | Y | Feeley | E | Mutzebaugh | YE | Tanner | N |
Ament | Y | Hernandez | Y | Pascoe | E | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | N |
Bishop | YY | Johnson | Y | Phillips | Y | Wattenberg | E |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | N | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
Co-sponsors added: Alexander, Arnold, Coffman, Dennis,
Lamborn, Norton, Schroeder, Tebedo.
THIRD READING OF BILLS--FINAL PASSAGE
On Third Reading, the titles of the following bills
were publicly read, the reading at length having been dispensed
with by unanimous consent:
HB 98-1072 by Rep. Morrison; Senator Wham--Regulation
Of Psychotherapy
The question being "Shall the bill pass?" the roll was called with the following result:
YES 27 | NO 5 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | Y | Feeley | E | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | E | Tebedo | N |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | N |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | E |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | N | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
SB 98-194 by Sen. Rizzuto; Rep. Grampsas--State Cash
Funds
A majority of those elected to the Senate having
voted in the affirmative, Senator Rizzuto was given permission
to offer a third Reading amendment.
Third Reading Amendment No. 1, by Senator Rizzuto
Amend engrossed bill, page 97, line 6, strike "121"
and substitute "122";
line 12, strike "(IV)" and substitute "(V)";
line 21, strike "(V)" and substitute "(VI)".
Page 1, line 101, strike "AN APPROPRIATION"
and substitute "APPROPRIATIONS".
A majority of all members elected to the Senate having
voted in the affirmative, the amendment was adopted.
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
YES 32 | NO 1 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | YE | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | E | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | YY | Johnson | Y | Phillips | Y | Wattenberg | E |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | N | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill, as amended, was declared PASSED.
Co-sponsors added: Hernandez, Hopper, Johnson, Martinez,
Mutzebaugh, Norton, Perlmutter, Reeves, Schroeder, Tebedo, Weddig.
HB 98-1272 by Rep. Kaufman; Senator Perlmutter--Domestic
Violence
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | NO 1 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | E | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | N |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | E |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsors added: Hernandez, Tanner, Tebedo, Weddig.
HB 98-1287 by Rep. Tucker; Senator Wham--State Park
Fees For The Disabled
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | E | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | E |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsors added: Arnold, Chlouber, Congrove, Norton,
Powers, Tanner, Tebedo.
HB 98-1364 by Rep. Owen; Senator Blickensderfer--Funding
Of Supreme Court Library
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | E | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | E |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.
HB 98-1324 by Rep. Anderson; Senator Rizzuto--Solid
Waste Management Program Improves
A majority of those elected to the Senate having
voted in the affirmative, Senator Rizzuto was given permission
to offer a third Reading amendment.
Third Reading Amendment No. 1, by Senator Rizzuto
Amend Revised bill, page 6, line 9, after "CONDITIONER"
insert "OR
THE COMPOSTING ON THE SITE OF GENERATION OF MANURE WITH OTHER
COMPATIBLE MATERIALS NECESSARY FOR EFFECTIVE COMPOSTING".
A majority of all members elected to the Senate having
voted in the affirmative, the amendment was adopted.
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
YES 32 | NO 1 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | YE | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | E | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | YY | Johnson | Y | Phillips | Y | Wattenberg | E |
Blickensderfer |
N | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill, as amended, was declared PASSED.
HB 98-1398 by Rep. Tool; Sen. Schroeder--Reduce Deferred
Prop Tax Interest Rate
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | E | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | E |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsors added: Arnold, Bishop, Chlouber, Hernandez,
Hopper, Martinez, Mutzebaugh, Norton, Perlmutter, Phillips, Powers,
Rupert, Tanner.
Committee On motion of Senator Chlouber, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Chlouber was called to the Chair to act
Whole as Chairman.
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman
reported that the following bills, reading at length having been
dispensed with by unanimous consent, had been considered and action
taken thereon as follows:
HB 98-1266 by Rep. Taylor; Senator Coffman--Personal
Income Tax Modifications
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 13, page 461.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 23, page 946.)
Amendment No. 3, by Senator Coffman
HB 98-1266
(Cont.)
Strike the Appropriations Committee amendment, as
printed in Senate Journal, April 23, page 946, lines 11 through
18.
Amend reengrossed bill, page 1, line 5, strike "rate."
and substitute "rate repeal.";
line 7, after "(j)", insert "(I)";
line 8, strike "THE AGGREGATE OF".
Page 2, line 1, strike "INCOME, DIVIDEND INCOME,
AND NET CAPITAL GAINS" and substitute "INCOME";
line 9, strike everything after the period;
strike lines 10 and 11 and substitute the following:
"(II) THIS PARAGRAPH (j) IS REPEALED,
EFFECTIVE JULY 1, 2003.".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1409 by Rep. S. Johnson; Senator Dennis--Wildlife
Mgmt Public Education
Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment
(Printed in Senate Journal, April 24, page 971.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1227 by Rep. Schauer; Sen. Blickensderfer--Alternative
Educational Programs
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 98-1030 by Rep. Agler; Senator Schroeder--FCC
Licenses Property Tax
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 98-1173 by Rep. Tool; Senator Rizzuto--Motor Vehicle
Title Fees
Amendment No. 1, Transportation Committee Amendment
(Printed in Senate Journal, April 13, page 757.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1408 by Rep. Entz; Senator Ament--Agricultural
Production Substances
Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment
(Printed in Senate Journal, April 24, pages 970-971.)
Amendment No. 2, by Senator Ament
Amend the Agricultural, Natural Resources and Energy
committee amendment as printed in the Senate Journal , April 24,
page 971, strike lines 18 through 28 and substitute the following:
HB 98-1408
(Cont.)
"(b)
NOTWITHSTANDING SECTION 35-9-113(1)(b)(IV)(D), THE COMMISSIONER
SHALL NOT DENY REGISTRATION OF A PESTICIDE PRODUCT PURSUANT TO
THIS ARTICLE FOR WHICH A SPECIAL LOCAL NEEDS REGISTRATION HAS
BEEN ISSUED PURSUANT TO SECTION 24 (c) OF THE "FEDERAL
INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", AS AMENDED,
FOR THE REASON THAT A CONTRACT BETWEEN A GROWER OR GROWER'S GROUP
AND A MANUFACTURER OR SELLER INCLUDES CONTRACTUAL PROVISIONS LIMITING
LIABILITY OF THE MANUFACTURER OR SELLER.".
Renumber succeeding sections accordingly.
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1088 by Rep. Kaufman; Senator Mutzebaugh--Procedural
Criminal Laws
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, March 24, page 560.)
Amendment No. 2, by Senator Mutzebaugh
Amend reengrossed bill, page 2, line 9, strike "CUSTODIAL";
line 10, strike "CUSTODY" and substitute
"CARE";
line 11, strike "THE CUSTODIAL" and substitute
"SAID".
Page 3, line 1, strike "THE CUSTODIAL"
and substitute "SAID";
line 4, strike "THE CUSTODIAL" and substitute
"SAID".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1318 by Rep. Grampsas; Senator Lacy--Fund For
UCHSC Move To Fitzsimons
Amendment No. 1, Education Committee Amendment
(Printed in Senate Journal, April 20, page 882.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1003 by Rep. Schauer; Senator Mutzebaugh--Remove
State Only SIP Provisions
Amendment No. 1, by Senator Hopper
Amend reengrossed bill, page 3, after line 22, insert
the following:
"SECTION 2. 257106.8 (3),
Colorado Revised Statutes, is amended to read:
257106.8. Colorado clean vehicle fleet
program. (3) The commission is directed
to promulgate rules and regulations which
are necessary to adopt
a state implementation plan revision as required by Title I, Part
D, and Title II, Part C, of the federal act, as may be amended
from time to time IMPLEMENT A CLEAN
VEHICLE FLEET PROGRAM IN COLORADO. The rules and regulations promulgated
by the commission shall comply with the provisions of the federal
regulations promulgated pursuant to Title I, Part D, and Title
II, Part C, of the federal act, as amended. Such regulations shall
require that a specified percentage of all covered fleet vehicles
in model year 1998
1999, WHICH COMMENCES ON SEPTEMBER 1, 1998, and thereafter purchased
by each covered fleet operator in the DenverBoulder nonattainment
area shall be clean fuel vehicles and shall use alternative fuels
when operating in such area.".
Renumber succeeding sections accordingly.
Amendment No. 2, by Senator Mutzebaugh
Amend reengrossed bill, page 2, strike lines 14 through
23 and substitute
HB 98-1003
(Cont.)
"(b)
WHENEVER A RULE IS BEFORE THE COMMISSION FOR CONSIDERATION TO
REVISE ANY ELEMENT OF THE STATE IMPLEMENTATION PLAN, THE DIVISION
SHALL REPORT TO THE COMMISSION ON WHETHER ANY ELEMENT OR ELEMENTS
OF THE STATE IMPLEMENTATION PLAN UNDER CONSIDERATION FOR REVISION
MAY CONTAIN ANY PROVISION MORE STRINGENT THAN REQUIREMENTS OF
THE FEDERAL ACT SO THE COMMISSION MAY TAKE SUCH INFORMATION INTO
CONSIDERATION IN ITS RULE MAKING ACTION.".
Page 3, strike lines 15 through 19.
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1333 by Rep. May; Senator Mutzebaugh--Administration
Of Fuel Tax
Amendment No. 1, Finance Committee Amendment
(Printed in Senate Journal, April 23, page 941.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
Senator Wells moved that the Committee of the Whole
rise, report progress and beg leave to sit again. A majority of
those elected to the Senate having voted in the affirmative, the
motion was adopted.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Chlouber, the Report of the
Committee of the Whole was adopted and, a majority of all members
elected having voted in the affirmative, the following action
was taken:
HB 98-1227, 98-1030, declared passed on Second Reading.
HB 98-1266 as amended, 98-1409 as amended, 98-1173
as amended, 98-1408 as amended, 98-1088 as amended, 98-1318 as
amended, 98-1003 as amended, 98-1333 as amended, declared passed
on Second Reading.
COMMITTEE OF REFERENCE REPORTS
Finance The Committee on Finance has had under consideration
and has had a hearing on the following appointments and recommends
that the appointments be confirmed:
ADVISORY COMMITTEE ON
GOVERNMENTAL ACCOUNTING
for terms expiring May 18, 2001:
Leona K. James of Montrose, Colorado, to serve as
a representative of city and town government, appointed;
John D. Musso of Pueblo, Colorado, to serve as a
representative of school and junior college districts, reappointed;
Donald D. Warden of Greeley, Colorado, to serve as
a representative of county government, reappointed.
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: SCR 98-11
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: SJR 98-13
and Military
Affairs
Judiciary After consideration on the merits, the
committee recommends that HB 98-1133 be amended as follows
and, as so amended, be referred to the Committee on Appropriations
with favorable recommendation:
Amend reengrossed bill, page 1, line 5, strike "prisoners"
and substitute "inmates".
Page 2, strike lines 6 and 7 and substitute "AGENCIES
RESPONSIBLE FOR PUBLIC ASSISTANCE BENEFITS. SUCH A SYSTEM";
line 21, strike "prisoners" and
substitute "inmates";
line 26, strike "REWARD" and substitute
"COST RECOVERY".
Page 3, line 19, strike "REWARD" and
substitute "COST RECOVERY".
Page 4, line 2, strike "REWARD" and
substitute "COST RECOVERY";
line 9, strike "prisoners" and substitute
"inmates".
Judiciary After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee on Appropriations: HB 98-1255
Judiciary After consideration on the merits, the
committee recommends that the following be postponed indefinitely:
HB 98-1374
Business After consideration on the merits, the committee recommends that HB 98-1405 be
Affairs amended as follows and, as so amended, be referred to the Committee on Appropriations
and Labor with favorable recommendation:
Amend reengrossed bill, page 3, line 4, strike "CUSTOMER"
and substitute "CUSTOMER, THE CUSTOMER'S PREVIOUSLY SELECTED
PROVIDER, OR BOTH, AS DETERMINED BY THE COMMISSION,";
line 5, strike "MONTHLY" and substitute
"LOCAL EXCHANGE";
line 6, after "FEES," insert "THE
VALUE OF ANY PREMIUMS TO WHICH THE CUSTOMER WOULD HAVE BEEN ENTITLED,";
line 9, strike "ALL";
strike lines 10 through 12 and substitute the following:
"THE CHANGE FEES FOR THE UNAUTHORIZED CHANGE
AND".
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: SB 98-200
and Labor
MESSAGE FROM THE HOUSE
April 28, 1998
Mr. President:
The House has passed on Third Reading and transmitted
to the Revisor of Statutes HB98-1414.
The House has passed on Third Reading and transmitted to the Revisor of Statutes SB98-030, amended as printed in House Journal, April 27, page 1520;.
SB98-165, amended as printed in House Journal, April
27, pages 1519-1520.
The House has passed on Third Reading and returns
herewith SB98-053 and SB98-188.
The House has postponed indefinitely SB98-181 and
SB98-184. The bills are returned herewith.
The House has postponed indefinitely SJR98-24. The bill is returned herewith.
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON HB 981207
*****************************
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 HB 981207,
concerning the transportation of prisoners through the state,
has met and reports that it has agreed upon the following:
1. That the House accede to the Senate
amendments made to the bill, as said amendments appear in the
rerevised bill.
2. That, under the authority granted the
committee to consider matters not at issue between the houses,
the following amendment be recommended:
Amend rerevised bill, page 2, after line 15, insert
the following:
"(c) "SECURE FACILITY"
MEANS A COUNTY, CITY AND COUNTY, OR MUNICIPAL JAIL OR A NONSTATEOWNED
PRISON FACILITY, AS DEFINED IN SECTION 1724125 (1)
(b), C.R.S.";
line 16, strike "(c)" and substitute "(d)";
line 19, strike "(d)" and substitute "(e)"
and after "PRISONER", insert "WITHIN,";
strike lines 21 through 26, and substitute the following:
"(2) (a) A SUPERVISING INDIVIDUAL
IN EACH VEHICLE IN WHICH ONE OR MORE PRISONERS ARE BEING TRANSPORTED
BY A CONTRACTING ENTITY SHALL MAINTAIN A LOG BOOK THAT DOCUMENTS
FOR EACH PRISONER:
(I) HIS OR HER NAME, DATE OF BIRTH, SOCIAL
SECURITY NUMBER, AND ANY PRESCRIBED MEDICATION;
(II) THE NAME OF THE JURISDICTIONAL AUTHORITY
AUTHORIZING THE TRANSPORTATION, THE DATE AND TIME THAT THE PRISONER
WAS FIRST PICKED UP, AND THE DATE AND TIME THAT THE PRISONER WAS
RELEASED TO THE JURISDICTIONAL AUTHORITY;
(III) THE DATE, TIME, LENGTH, AND PURPOSE
OF ANY STOP MADE BY THE VEHICLE TRANSPORTING ANY PRISONER; AND
(IV) INFORMATION CONCERNING ANY INJURIES
SUFFERED BY THE PRISONER WHILE BEING TRANSPORTED.
(b) UPON REQUEST, A SUPERVISING INDIVIDUAL
SHALL SURRENDER FOR INSPECTION THE LOG BOOK REQUIRED BY PARAGRAPH
(a) OF THIS SUBSECTION (2) TO ANY FEDERAL, STATE, COUNTY, OR MUNICIPAL
LAW ENFORCEMENT OFFICER.
(3) WHENEVER A PRISONER IS TRANSPORTED
BY A CONTRACTING ENTITY, THE PRISONER:
(a) AT A MINIMUM, SHALL BE SHACKLED AND
PLACED IN A TRANSPORT BELT OR CHAINS WITH HANDCUFFS AND SHALL
BE UNDER THE OBSERVATION OF AT LEAST ONE SUPERVISING INDIVIDUAL
WHO SHALL REMAIN AWAKE;
(b) SHALL WEAR A SEAT BELT;
(c) SHALL NOT BE SHACKLED TO ANOTHER PRISONER;
AND
HB 98-1207
(Cont.)
(d) SHALL HAVE AVAILABLE IN THE VEHICLE
IN WHICH THE PRISONER IS BEING TRANSPORTED APPROPRIATE ATTIRE
FOR THE SEASON, INCLUDING FOOTWEAR.
(4) (a) AT LEAST ONCE EVERY TWENTYFOUR
HOURS THAT A PRISONER IS BEING TRANSPORTED BY A CONTRACTING ENTITY,
THE PRISONER SHALL BE HOUSED UNSHACKLED IN A CELL AT A SECURE
FACILITY FOR A PERIOD OF NOT LESS THAN SIX HOURS AND PERMITTED
TO SHOWER AND SLEEP.".
Renumber succeeding subsections accordingly.
Page 3, strike lines 1 through 3;
line 5, strike "HEAD" and substitute "CHIEF";
strike line 9, and substitute the following:
"BIRTH, CRIMINAL HISTORY, AND ANY SPECIAL MEDICAL
NEEDS.";
strike lines 10 through 12;
strike line 15, and substitute the following:
"HOURS FOR ANY REASON:
(a) THE SUPERVISING INDIVIDUAL SHALL PROMPTLY";
line 17, strike "STOPPED." and substitute
the following:
"STOPPED; AND
(b) ALL PRISONERS SHALL BE HOUSED IN A
SECURE FACILITY UNLESS, ACCORDING TO THE CHIEF LAW ENFORCEMENT
OFFICER OF THE SECURE FACILITY, IT WOULD BE IMPRACTICAL TO DO
SO.
(6) WHENEVER A VEHICLE TRANSPORTING PRISONERS
FOR A CONTRACTING ENTITY ENTERS THE STATE, A SUPERVISING INDIVIDUAL
SHALL PROMPTLY NOTIFY THE COLORADO BUREAU OF INVESTIGATION OF
THE NUMBER OF PRISONERS AND THE LOCATION OR LOCATIONS WITHIN THE
STATE WHERE THE VEHICLE IS SCHEDULED TO STOP.
(7) WHENEVER A PRISONER IS HOUSED IN A
SECURE FACILITY, THE CONTRACTING ENTITY SHALL PAY TO THE OPERATOR
OF THE SECURE FACILITY PROVIDING THE HOUSING THE ACTUAL COST OF
HOUSING THE PRISONER.".
Renumber succeeding subsections accordingly.
Page 3, line 18, strike "PARAGRAPH (a) OF";
line 19, strike "SUBSECTION (3) OR SUBSECTIONS
(2) OR (4)" and substitute "ANY PROVISION OF SUBSECTIONS
(2) TO (5)";
line 21, strike "ONE" and substitute "FIVE".
Respectfully submitted,
House Committee: Senate Committee:
(Signed) (Signed)
Rep. Joyce R. Lawrence, Chair Sen. Richard F. Mutzebaugh, Chair
Rep. Gary L. McPherson Sen. Don Ament
Rep. Jeannie G. Reeser Sen. Ed Perlmutter
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON HB 981224
*****************************
THIS REPORT AMENDS THE
SECOND REREVISED BILL
*****************************
To the President of the Senate and the
Speaker of the House of Representatives:
Your first conference committee appointed on HB 981224,
concerning bail recovery, and, in connection therewith, prohibiting
a bail bonding agent from hiring, contracting with, or paying
compensation to an individual for bail recovery services unless
certain requirements are met, and making an appropriation, has
met and reports that it has agreed upon the following:
1. That the House accede to the Senate
amendments made to the bill, as said amendments appear in the
second rerevised bill.
2. That, under the authority granted the
committee to consider matters not at issue between the two houses,
the following amendment be recommended:
Amend second rerevised bill, page 2, line 16, strike
"JULY" and substitute "JANUARY";
line 17, "1998," and substitute "1999,";
line 23, strike "PRIOR" and substitute
"ON OR AFTER OCTOBER 1, 1998, PRIOR";
line 26, strike "SHALL:" and substitute
"SHALL TAKE ALL OF THE FOLLOWING ACTIONS:".
Page 3, strike lines 1 through 11, and substitute
the following:
"(a) THE AGENT SHALL CONTACT THE
COLORADO BUREAU OF INVESTIGATION PURSUANT TO THE REQUIREMENTS
OF SUBSECTION (3) OF THIS SECTION TO CONFIRM THAT THE PERSON HAS
SUBMITTED FINGERPRINTS TO THE BUREAU FOR A CRIMINAL BACKGROUND
CHECK AND TO CONFIRM THAT SUCH PERSON HAS NOT BEEN CONVICTED OF
OR PLED GUILTY OR NOLO CONTENDERE TO ANY FELONY UNDER FEDERAL
OR STATE LAW.";
line 12, strike "OBTAIN" and substitute
"FOR EMPLOYMENT COMMENCING ON OR AFTER JANUARY 1, 1999, THE
AGENT SHALL OBTAIN";
line 14, strike "NATIONALLY RECOGNIZED";
strike lines 15 and 16, and substitute the following:
"PRIVATE BAIL RECOVERY PROGRAM OR AN ACCREDITED
INSTITUTION OF HIGHER EDUCATION. SUCH TRAINING SHALL COMPLY WITH
THE STANDARDS ESTABLISHED BY THE PEACE OFFICERS STANDARDS AND
TRAINING BOARD PURSUANT TO SECTION 2431303 (1) (h),
C.R.S., AND SHALL NOT EXCEED SIXTEEN CLOCK HOURS.";
line 17, strike "OBTAIN" and substitute
"THE AGENT SHALL OBTAIN";
strike lines 20 through 25, and substitute the following:
HB 98-1224
(Cont.)
"(2) ANY INDIVIDUAL WHO WISHES TO
BE EMPLOYED BY A LICENSED BAIL BONDING AGENT TO PERFORM BAIL RECOVERY
SERVICES SHALL HAVE HIS OR HER FINGERPRINTS TAKEN BY A LOCAL LAW
ENFORCEMENT AGENCY FOR THE PURPOSES OF OBTAINING A BACKGROUND
CHECK. THE INDIVIDUAL IS REQUIRED TO SUBMIT PAYMENT BY CERTIFIED
CHECK OR MONEY ORDER FOR THE FINGERPRINTS AND FOR THE BACKGROUND
CHECK AT THE TIME THE FINGERPRINTS ARE TAKEN. ANY PERSON WHO WISHES
TO COMPLETE THE BACKGROUND CHECK PROCESS BY THE TIME THAT BACKGROUND
CHECKS ARE REQUIRED FOR EMPLOYMENT ON OCTOBER 1, 1998, SHALL SUBMIT
A SET OF FINGERPRINTS TO A LOCAL LAW ENFORCEMENT AGENCY ON OR
BEFORE JULY 1, 1998.
(3) UPON RECEIPT OF FINGERPRINTS FROM
A LAW ENFORCEMENT AGENCY AND THE PAYMENT FOR COSTS REQUIRED BY
SUBSECTION (2) OF THIS SECTION, THE COLORADO BUREAU OF INVESTIGATION
SHALL UTILIZE SUCH FINGERPRINTS, THE BUREAU'S FILES AND RECORDS,
AND THE FILES AND RECORDS OF THE FEDERAL BUREAU OF INVESTIGATION
FOR THE PURPOSE OF DETERMINING WHETHER THE INDIVIDUAL HAS BEEN
CONVICTED OF OR PLED GUILTY OR NOLO CONTENDERE TO ANY FELONY UNDER
FEDERAL OR STATE LAW. THE BUREAU SHALL ESTABLISH AND MAINTAIN
FILES REGARDING THE CRIMINAL BACKGROUNDS OF PERSONS SEEKING TO
PROVIDE BAIL RECOVERY SERVICES.
(4) (a) ON OR AFTER OCTOBER 1, 1998,
A LICENSED BAIL BONDING AGENT MAY NOT HIRE, CONTRACT WITH, OR
PAY ANY COMPENSATION TO ANY INDIVIDUAL FOR BAIL RECOVERY SERVICES
IF THE INQUIRY TO THE COLORADO BUREAU OF INVESTIGATION REQUIRED
BY PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION INDICATES THAT
THE BUREAU HAS NOT COMPLETED A BACKGROUND CHECK ON THE INDIVIDUAL
OR IF THE BAIL BONDING AGENT KNOWS, THROUGH THE INQUIRY TO THE
COLORADO BUREAU OF INVESTIGATION OR THROUGH ANY OTHER SOURCE,
THAT SUCH INDIVIDUAL HAS BEEN CONVICTED OF OR PLED GUILTY OR NOLO
CONTENDERE TO A FELONY UNDER FEDERAL OR STATE LAW.
(b) BEGINNING NO LATER THAN OCTOBER 1,
1998, THE COLORADO BUREAU OF INVESTIGATION SHALL ACCEPT INQUIRIES
FROM LICENSED BAIL BONDING AGENTS REGARDING THE CRIMINAL BACKGROUND
RECORDS OF INDIVIDUALS SEEKING EMPLOYMENT TO PERFORM BAIL RECOVERY
SERVICES. A BAIL BONDING AGENT SHALL PAY THE COST OF EACH INQUIRY
MADE TO THE BUREAU THROUGH SUCH PAYMENT METHOD AS IS ESTABLISHED
BY THE BUREAU. UPON RECEIVING AN INQUIRY, THE BUREAU SHALL INFORM
THE BAIL BONDING AGENT WHETHER A BACKGROUND CHECK HAS BEEN COMPLETED
FOR THE INDIVIDUAL AND, IF SO, WHETHER, ACCORDING TO THE RECORD
ESTABLISHED BY THE BUREAU, SUCH PERSON HAS BEEN CONVICTED OF OR
PLED GUILTY OR NOLO CONTENDERE TO A FELONY UNDER FEDERAL OR STATE
LAW. PRIOR TO PROVIDING INFORMATION UNDER THE PROVISIONS OF THIS
SECTION, THE BUREAU SHALL REQUIRE A PERSON MAKING AN INQUIRY TO
PROVIDE THE NAME OF THE BAIL BONDING AGENT AND SUCH AGENT'S LICENSE
NUMBER.
(5) THE COLORADO BUREAU OF INVESTIGATION,
ANY LOCAL LAW ENFORCEMENT AGENCY, AND ANY INDIVIDUAL EMPLOYED
BY THE BUREAU OR A LOCAL LAW ENFORCEMENT AGENCY SHALL NOT BE LIABLE
FOR ANY DAMAGES THAT MAY RESULT FROM GOOD FAITH COMPLIANCE WITH
THE PROVISIONS OF THIS SECTION.".
Page 4, line 24, strike "SECTION 127102.5
(1) (b), C.R.S" and substitute "SECTIONS 127102.5
(1) (b) AND 127105.5 (1) (b), C.R.S. THE BOARD SHALL
ESTABLISH SUCH STANDARDS ON OR BEFORE OCTOBER 1, 1998.".
Page 5, line 4, strike "BOUNTY" and substitute
"BAIL";
strike lines 14 through 16.
Renumber succeeding section accordingly.
Respectfully submitted,
House Committee: Senate Committee:
(Signed) (Signed)
Rep. Joyce R. Lawrence, Chair Sen. Ken Arnold, Chair
Rep. William G. Kaufman Sen. Don Ament
Rep. Dan Grossman Sen. Ed Perlmutter
MEMORANDUM
REPORT FROM THE HOUSE AND SENATE
COMMITTEES ON DELAYED BILLS
Pursuant to Joint Rule 23, the House and Senate Committees
on Delayed Bills, acting jointly extend the following deadline
for House Bill 98-1234, Concerning the Financing of Public Schools
and Making and Appropriation in Connection Therewith:
The April 17 deadline for final passage, including
any conference committee report, for any bill prescribing all
or a substantial portion of the total funding for public schools
pursuant to the "Public School Finance Act of 1994",
article 54 or title 22, Colorado Revised Statutes, is extended
until May 1, 1998.
(Signed) (Signed)
Charles E. Berry, Speaker Tom Norton,
House of Representatives President of the Senate
Norma Anderson Jeffrey M. Wells
House Majority Leader Senate Majority Leader
Carol Snyder Mike Feeley
House Minority Leader Senate Minority Leader
APPOINTMENTS TO CONFERENCE COMMITTEES
HB 98-1171 by Rep. Arrington; Senator Coffman--Charter
School Regulation Waivers
The President appointed Senators Coffman, Chairman,
Arnold and Matsunaka as Senate Conferees on the First Conference
Committee on HB 98-1171.
HB 98-1379 by Rep. Anderson; Senator Schroeder--Approve
Air Quality SIP Revisions
The President appointed Senators Schroeder, Chairman,
Powers and Rizzuto as Senate Conferees on the First Conference
Committee on HB 98-1379.
Senate in recess.
Senate reconvened.
Call of Call of Senate.
Senate
Call Raised.
Committee On motion of Senator Chlouber, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Chlouber was called to the Chair to act
Whole as Chairman.
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman
reported that the following bills, reading at length having been
dispensed with by unanimous consent, had been considered and action
taken thereon as follows:
HB 98-1217 by Rep. T. Willliams; Sen. Hopper--Pharmacy
Regulation
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, April 21, page 916.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 24, page 968.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1106 by Rep. Tucker; Senator Mutzebaugh--Revision
Of Air Control Regulations
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, February 27, pages 370-371.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 24, page 968.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1092 by Rep. Kreutz; Senator Coffman--Self
Sufficiency & Employment Pilot
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, April 24, page 970.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1068 by Rep. Anderson; Senator Ament--Public
Safety Communications System
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, April 17, page 872.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 24, page 970.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1001 by Rep. May; Senator Mutzebaugh--Transportation
Amendment No. 1, Transportation Committee Amendment
(Printed in Senate Journal, April 16, pages 850-851.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 24, page 968.)
Amendment No. 3, by Senator Mutzebaugh
Amend reengrossed bill, page 17, after line 21, insert the following:
HB 98-1001
(Cont.)
"(c) FOR THE PURPOSES OF THIS SUBSECTION
(2), "AGGREGATE MATERIAL" MEANS ANY ROCK, CLAY,
SILTS, GRAVEL, LIMESTONE, DIMENSION STONE, MARBLE, AND SHALE.".
Amendment No. 4, by Senator Mutzebaugh
Amend reengrossed bill, page 19, after line 16, insert
the following:
"SECTION 25. 2410106
(1) (a), Colorado Revised Statutes, is amended to read:
2410106. Immunity and partial
waiver. (1) A public entity
shall be immune from liability in all claims for injury which
lie in tort or could lie in tort regardless of whether that may
be the type of action or the form of relief chosen by the claimant
except as provided otherwise in this section. Sovereign immunity
is waived by a public entity in an action for injuries resulting
from:
(a) The operation of a motor vehicle,
CONTROLLED, owned, or leased by such public entity, by a public
employee while in the course of employment, except emergency vehicles
operating within the provisions of section 424108
(2) and (3), C.R.S.;
SECTION 26. 104716
(1), Colorado Revised Statutes, is amended to read:
104716. Selfinsurers.
(1) Any person, INCLUDING A MUNICIPALITY OR ANY OTHER
POLITICAL SUBDIVISION OF THE STATE, in whose name more than twentyfive
motor vehicles are registered may qualify as a selfinsurer
by obtaining a certificate of selfinsurance issued by the
commissioner.".
Renumber succeeding sections accordingly.
Amendment No. 5, by Senator Chlouber
Amend reengrossed bill, page 19, after line 16, insert
the following:
"SECTION 25. 4241204,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
4241204. Stopping, standing,
or parking prohibited in specified places.
(8) A POLITICAL SUBDIVISION MAY NOT ADOPT OR ENFORCE
AN ORDINANCE OR REGULATION THAT PROHIBITS THE PARKING OF MORE
THAN ONE MOTORCYCLE WITHIN A SPACE SERVED BY A SINGLE PARKING
METER.".
Renumber succeeding sections accordingly.
Amendment No. 6, by Senator Norton
Amend reengrossed bill, page 2, after line 1, insert
the following:
"SECTION
1. 2475302 (2),
Colorado Revised Statutes, 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, 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:
HB 98-1001
(Cont.)
(k.5) IN ADDITION TO ANY OTHER MONEYS
TRANSFERRED PURSUANT TO PARAGRAPH (k) OF THIS SUBSECTION (2),
ON JULY 1, 1998, ONE HUNDRED MILLION DOLLARS TO BE AVAILABLE FOR
APPROPRIATION ONLY FOR STATE HIGHWAY CONSTRUCTION, RECONSTRUCTION,
REPAIR, AND MAINTENANCE PROJECTS.
SECTION 20 3926123
(1), (2) (a) (I) (A), (2) (d), and (2) (e), Colorado Revised Statutes,
are amended to read:
3926123. Receipts
disposition repeal. (1) Eightyfive
percent of all receipts collected under the provisions of this
article shall be credited to the old age pension fund. Before
July 1, 1997, and for the fiscal year commencing July
1, 2002 JULY 1, 2008, and each year
thereafter, the remaining fifteen percent shall be credited to
the general fund, and the general assembly shall make appropriations
therefrom for the expenses of the administration of this article.
(2) (a) (I) (A) Eightyfive
percent of all receipts collected under the provisions of this
article shall be credited to the old age pension fund. For the
fiscal year commencing July 1, 1997, and for four
TEN succeeding fiscal years thereafter, the remaining fifteen
percent shall be allocated between and credited to the general
fund and the highway users tax fund, as a portion of the sales
and use taxes attributable to sales or use of vehicles and related
items, as follows: Ten percent of net revenue from sales and use
tax to the highway users tax fund and five percent thereof to
the general fund.
(d) For the fiscal year commencing July
1, 1997, and for four
TEN succeeding fiscal years thereafter, the state treasurer shall
credit an amount of sales and use taxes attributable to sales
or use of vehicles and related items to the highway users tax
fund as provided in paragraph (a) of this subsection (2).
(e) This subsection (2) is repealed, effective
July 1, 2002
JULY 1, 2008.
SECTION 30 434205
(6.5)(b), Colorado Revised Statutes, is amended to read:
434205. Allocation of fund.
(6.5) (b) This subsection (6.5) is repealed, effective
July 1, 2002
JULY 1, 2008.
SECTION 4. Capital construction appropriation.
The sum of one hundred million dollars ($100,000,000) is hereby
appropriated out of the capital construction fund to the department
of transportation, for construction, maintenance, and operations.
The appropriation made by this section shall become available
to the department upon passage of this act, and, if any project
is initiated within the fiscal year, the appropriation shall remain
available until completion of all the projects or for a period
of three years, whichever comes first, at which time the unexpended
and unencumbered balance shall revert to the capital construction
fund.".
Renumber succeeding sections accordingly.
As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.
_______________________________
On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, HB 98-1160 was advanced on the General Orders calendar.
_______________________________
HB 98-1160 by Rep. Adkins; Senator Wham--Substantive Changes To Criminal Laws
(Amended in Special Orders as printed in Senate Journal,
April 27, pages 987-988.)
Amendment No. 1, by Senator Wells
Amend the Wells floor amendment, as printed in Senate
Journal, April 27, page 988, line 2, strike "SHALL
CONSTITUTE THE SOLE PENALTY"
and substitute "AND
ANY PENALTIES IMPOSED PURSUANT TO SECTION 42-2-127 SHALL CONSTITUTE
THE SOLE PENALTIES".
Amendment No. 2, by Senator Wells
HB 98-1160
(Cont.)
Amend the Appropriations Committee amendment, as
printed in Senate Journal, April 24, page 969, strike line 27
and substitute the following:
"""SECTION 36. 1722.5403,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
1722.5403. Parole eligibility.
(9) (a) THE PROVISIONS OF THIS SUBSECTION (9)
SHALL APPLY TO ANY OFFENDER WHO IS PAROLED FOR A CLASS 2, 3, 4,
OR 5 FELONY OR A CLASS 6 FELONY THAT IS THE OFFENDER'S SECOND
OR SUBSEQUENT FELONY OFFENSE COMMITTED ON OR AFTER JULY 1, 1998,
AND IS SUBSEQUENTLY REINCARCERATED PURSUANT TO SUBSECTION (8)
OF THIS SECTION. FOLLOWING REINCARCERATION, THE OFFENDER MAY APPLY
FOR PAROLE AND THE STATE BOARD OF PAROLE, WORKING IN CONJUNCTION
WITH THE DEPARTMENT AND USING THE GUIDELINES ESTABLISHED PURSUANT
TO SECTION 1722.5404, SHALL DETERMINE WHETHER TO GRANT
PAROLE. IF THE STATE BOARD OF PAROLE DETERMINES THAT PLACING THE
OFFENDER ON PAROLE IS APPROPRIATE, IT SHALL SET THE LENGTH OF
THE PERIOD OF PAROLE AT ANY TIME REMAINING ON THE OFFENDER'S MANDATORY
PERIOD OF PAROLE ESTABLISHED IN SECTION 181105 (1)
(a) (V), C.R.S.; EXCEPT THAT, IF THE OFFENDER'S REMAINING MANDATORY
PERIOD OF PAROLE IS LESS THAN TWELVE MONTHS, THE STATE BOARD OF
PAROLE SHALL RELEASE THE OFFENDER TO TWELVE MONTHS OF SUPERVISION
AND THE OFFENDER SHALL NOT BE REQUIRED TO SERVE THE REMAINING
MANDATORY PERIOD OF PAROLE. IF AN APPLICATION FOR PAROLE IS REFUSED
BY THE STATE BOARD OF PAROLE, THE STATE BOARD OF PAROLE SHALL
RECONSIDER WITHIN ONE YEAR THEREAFTER WHETHER THE OFFENDER SHOULD
BE GRANTED PAROLE. THE STATE BOARD OF PAROLE SHALL CONTINUE SUCH
RECONSIDERATION EACH YEAR THEREAFTER, EXCEPT AS OTHERWISE PROVIDED
FOR THE CRIMES SPECIFIED IN SUBSECTION (7) OF THIS SECTION, UNTIL
THE BOARD GRANTS THE OFFENDER PAROLE OR RELEASES THE OFFENDER
ON SUPERVISION OR UNTIL THE OFFENDER COMPLETES THE MANDATORY PERIOD
OF PAROLE IN INCARCERATION. IF THE OFFENDER COMPLETES THE MANDATORY
PERIOD OF PAROLE IN INCARCERATION, HE OR SHE SHALL BE RELEASED
TO A TWELVEMONTH PERIOD OF SUPERVISION.
(b) (I) IF THE STATE BOARD OF PAROLE
GRANTS PAROLE TO AN OFFENDER PURSUANT TO PARAGRAPH (a) OF THIS
SUBSECTION (9) FOR THE PERIOD REMAINING ON THE OFFENDER'S MANDATORY
PERIOD OF PAROLE, THE PROVISIONS OF SUBSECTION (8) OF THIS SECTION
SHALL APPLY WHILE THE OFFENDER IS SERVING THE REMAINDER OF THE
MANDATORY PERIOD OF PAROLE; EXCEPT THAT, IF THE STATE BOARD OF
PAROLE SUBSEQUENTLY REVOKES THE OFFENDER'S PAROLE AS PROVIDED
IN SUBSECTION (8) OF THIS SECTION AND THE OFFENDER'S REMAINING
PERIOD OF MANDATORY PAROLE IS LESS THAN SIX MONTHS, THE STATE
BOARD MAY RETURN THE OFFENDER TO A PLACE OF CONFINEMENT FOR A
PERIOD OF UP TO TWELVE MONTHS AND THE OFFENDER SHALL NOT BE REQUIRED
TO SERVE THE REMAINING MANDATORY PERIOD OF PAROLE. ANY PERSON
REINCARCERATED FOR A PERIOD OF UP TO TWELVE MONTHS PURSUANT TO
THIS PARAGRAPH (b) SHALL BE ELIGIBLE FOR SUBSEQUENT RELEASE FOR
A TWELVEMONTH PERIOD OF SUPERVISION AT ANY TIME DURING SUCH
REINCARCERATION OR UPON COMPLETION OF SUCH INCARCERATION.
(II) IF THE OFFENDER COMPLETES THE MANDATORY
PERIOD OF PAROLE OR THE STATE BOARD OF PAROLE DISCHARGES THE OFFENDER
FROM MANDATORY PAROLE PURSUANT TO SUBSECTION (8) OF THIS SECTION,
THE OFFENDER'S SENTENCE SHALL BE DEEMED FULLY DISCHARGED.
HB 98-1160
(Cont.)
(c) FOR ANY OFFENDER RELEASED TO A TWELVEMONTH
PERIOD OF SUPERVISION PURSUANT TO THIS SUBSECTION (9), THE DIVISION
OF ADULT SERVICES SHALL PROVIDE SUPERVISION AND ASSISTANCE IN
SECURING EMPLOYMENT, HOUSING, AND SUCH OTHER SERVICES AS MAY AFFECT
THE OFFENDER'S SUCCESSFUL REINTEGRATION INTO THE COMMUNITY WHILE
RECOGNIZING THE NEED FOR PUBLIC SAFETY. THE STATE BOARD OF PAROLE,
PURSUANT TO SECTION 1722.5404, SHALL ESTABLISH THE
CONDITIONS FOR THE OFFENDER'S TWELVEMONTH SUPERVISION PRIOR
TO THE OFFENDER'S RELEASE FROM INCARCERATION. UPON A DETERMINATION
IN A REVOCATION PROCEEDING THAT THE CONDITIONS OF SUPERVISION
HAVE BEEN VIOLATED, THE STATE BOARD OF PAROLE SHALL CONTINUE THE
SUPERVISION IN EFFECT, MODIFY THE CONDITIONS OF SUPERVISION IF
CIRCUMSTANCES THEN SHOWN TO EXIST REQUIRE SUCH MODIFICATIONS,
WHICH CIRCUMSTANCES SHALL BE SET FORTH IN WRITING, OR REVOKE THE
SUPERVISION AND ORDER THE RETURN OF THE OFFENDER TO A PLACE OF
CONFINEMENT DESIGNATED BY THE EXECUTIVE DIRECTOR FOR ANY PERIOD
OF TIME UP TO TWELVE MONTHS. ANY OFFENDER WHO HAS BEEN REINCARCERATED
DUE TO A SUPERVISION REVOCATION PURSUANT TO THIS PARAGRAPH (c)
SHALL BE ELIGIBLE FOR SUBSEQUENT RELEASE FOR A TWELVEMONTH
PERIOD OF SUPERVISION AT ANY TIME DURING SUCH REINCARCERATION.
(d) THE STATE BOARD OF PAROLE MAY DISCHARGE
AN OFFENDER RELEASED ON SUPERVISION UNDER THIS SUBSECTION (9)
AT ANY TIME DURING THE TERM OF SUPERVISION UPON A DETERMINATION
THAT THE OFFENDER HAS BEEN SUFFICIENTLY REHABILITATED AND REINTEGRATED
INTO SOCIETY AND CAN NO LONGER BENEFIT FROM SUPERVISION. IN MAKING
ANY SUCH DETERMINATION, THE STATE BOARD OF PAROLE SHALL MAKE WRITTEN
FINDINGS AS TO WHY THE OFFENDER IS NO LONGER IN NEED OF SUPERVISION.
UPON COMPLETION OF TWELVE CONSECUTIVE MONTHS OF SUPERVISION OR
DISCHARGE FROM SUPERVISION AS PROVIDED IN THIS PARAGRAPH (d),
THE OFFENDER'S SENTENCE SHALL BE DEEMED FULLY DISCHARGED.
(e) NOTWITHSTANDING ANY PROVISIONS OF
THIS SUBSECTION (9) TO THE CONTRARY, THE TOTAL AMOUNT OF TIME
SPENT BY AN OFFENDER IN INCARCERATION AS A RESULT OF REVOCATION
OF SUPERVISION SHALL NOT EXCEED THE LENGTH OF THE OFFENDER'S ORIGINAL
SENTENCE TO INCARCERATION PLUS THE LENGTH OF THE OFFENDER'S ORIGINAL
SENTENCE TO MANDATORY PAROLE PLUS TWELVE MONTHS. IN CALCULATING
THE TIME SPENT IN INCARCERATION BY AN OFFENDER FOR PURPOSES OF
THIS PARAGRAPH (e), THE OFFENDER SHALL RECEIVE CREDIT FOR TIME
SPENT IN INCARCERATION AS A RESULT OF THE ORIGINAL SENTENCE TO
INCARCERATION, ANY TIME SPENT IN INCARCERATION AS A RESULT OF
REVOCATION OF MANDATORY PAROLE, AND ANY TIME SPENT IN INCARCERATION
AS A RESULT OF REVOCATION OF SUPERVISION.
(f) IF REVOCATION OF MANDATORY PAROLE
FOR LESS THAN TWELVE MONTHS OR REVOCATION OF SUPERVISION IS BASED
ON A TECHNICAL VIOLATION OF THE CONDITIONS OF PAROLE OR SUPERVISION,
THE STATE BOARD OF PAROLE SHALL IMPOSE INTERMEDIATE SANCTIONS
WHERE FACILITIES APPROPRIATE FOR SUCH INTERMEDIATE SANCTIONS ARE
AVAILABLE. FOR PURPOSES OF THIS PARAGRAPH (f), "INTERMEDIATE
SANCTIONS" MAY INCLUDE, BUT ARE NOT LIMITED TO, A COMMUNITY
CORRECTIONS PROGRAM, AS DEFINED IN SECTION 1727102
(3), A HOME DETENTION PROGRAM, AS DESCRIBED IN ARTICLE 27.8 OF
THIS TITLE, OR A SPECIALIZED RESTITUTION AND COMMUNITY SERVICE
PROGRAM, AS DESCRIBED IN ARTICLE 27.9 OF THIS TITLE.
SECTION 37. 181105
(1) (a), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
181105. Felonies classified
presumptive penalties. (1) (a) (VI) ANY
PERSON SENTENCED FOR A CLASS 2, 3, 4, OR 5 FELONY, OR A CLASS
6 FELONY THAT IS THE OFFENDER'S SECOND OR SUBSEQUENT FELONY OFFENSE,
COMMITTED ON OR AFTER JULY 1, 1998, REGARDLESS OF THE LENGTH OF
THE PERSON'S SENTENCE TO INCARCERATION AND THE MANDATORY PERIOD
OF PAROLE, SHALL NOT BE DEEMED TO HAVE FULLY DISCHARGED HIS OR
HER SENTENCE UNTIL SAID PERSON HAS EITHER COMPLETED OR BEEN DISCHARGED
BY THE STATE BOARD OF PAROLE FROM THE MANDATORY PERIOD OF PAROLE
IMPOSED PURSUANT TO SUBPARAGRAPH (V) OF THIS PARAGRAPH (a) OR
COMPLETED OR BEEN DISCHARGED BY THE STATE BOARD OF PAROLE FROM
THE TWELVEMONTH PERIOD OF SUPERVISION IMPOSED PURSUANT TO
SECTION 1722.5403 (9), C.R.S., WHICHEVER OCCURS FIRST.
PRIOR TO FULLY DISCHARGING HIS OR HER SENTENCE, UPON REVOCATION
OF PAROLE, A PERSON MAY BE RETURNED TO INCARCERATION FOR THE PERIODS
SPECIFIED IN SECTION 1722.5403 (9), C.R.S.
HB 98-1160
(Cont.)
SECTION 38. Exception to the requirements
of section 22703, Colorado Revised Statutes.
The general assembly hereby finds that the amendments to sections
1722.5403 and 181105, Colorado Revised
Statutes, enacted in sections 36 and 37 of this act reflect the
General Assembly's original intent in passing House Bill 931302.
As a clarification of a previously enacted bill, the general assembly
finds that said amendments constitute an exception to the fiveyear
appropriation requirements specified in section 22703,
Colorado Revised Statutes.
SECTION 39. No
appropriation. The general assembly has determined that sections
36 and 37 of this act can be implemented within existing appropriations,
and therefore no separate appropriation of state moneys is necessary
to carry out the purposes of this act.
SECTION 40. The
introductory portion to 2475302 (2) and".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1246 by Rep. Romero; Senator Rizzuto--Elim
State Supplier Database Cash Fund
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, April 24, page 971.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1231 by Rep. Tool; Senator J. Johnson--School
District Capital Construction
Laid over until Wednesday, April 29, retaining its
place on the calendar.
The following bills on the General Orders calendar
of Tuesday, April 28, were laid over until Wednesday, April 29,
retaining their place on the calendar:
HB 98-1307, 98-1213, 98-1267, 98-1380, 98-1306, 98-1183,
98-1114, 98-1202; HCR 98-1001; SCR 98-4; HB 98-1152, 98-1403,
98-1169, 98-1011, 98-1063.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Chlouber, the Report of the
Committee of the Whole was adopted and, a majority of all members
elected having voted in the affirmative, the following action
was taken:
HB 98-1217 as amended, 98-1106 as amended, 98-1092 as amended, 98-1068 as amended, 98-1001 as amended, 98-1160 as amended, 98-1246 as amended, declared passed on Second Reading.
HB 98-1231, 98-1307, 98-1213, 98-1267, 98-1380, 98-1306,
98-1183, 98-1114, 98-1202; HCR 98-1001; SCR 98-4; HB 98-1152,
98-1403, 98-1169, 98-1011, 98-1063. laid over until Wednesday,
April 29, retaining their place on the calendar.
MESSAGE FROM THE HOUSE
April 28, 1998
Mr. President:
The House has adopted the First Report of the First
Conference Committee on SB98-036, as printed in House Journal,
April 24, pages 1510-1511, and has repassed the bill as so amended.
The bill is returned herewith.
On reconsideration the House has voted to recall
House bill HB98-1335 from the Governor's
office, and rejects Senate amendments to HB981335. The House requests
a Conference Committee be appointed. The Speaker has appointed
Representatives Grampsas, chairman, George, and Dyer as House
conferees on the First Conference Committee on HB98-1335. The
House has voted to authorize the House conferees to consider matters
not at issue between the two houses. The bill is transmitted herewith.
MESSAGE FROM THE REVISOR
April 28, 1998
We herewith transmit:
without comment, HB98-1414; and
without comment, as amended, SB98-030 and SB98-165.
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON SB 9836
*****************************
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:
(Signed) (Signed)
Sen. Dottie Wham, Chair Rep. Mary Ellen Epps, Chair
Sen. Jeffrey M. Wells Rep. Russell George
Sen. Stan Matsunaka Rep. Gloria Leyba
APPOINTMENTS TO CONFERENCE COMMITTEE
HB 98-1335 by Rep. Grampsas; Sen. Hopper--Fixed Guideway
Authority
The President appointed Senators Hopper, Chairman,
Ament and Perlmutter as Senate Conferees on the First Conference
Committee on HB 98-1335.
______________________________
On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Tuesday, April 28, was laid over until Wednesday, April 29, retaining its place on the calendar.
______________________________
On motion of Senator Powers, the Senate adjourned until 9:00 a.m., Wednesday,
April 29, 1998.
Approved:
Tom Norton
President of the Senate
Attest:
Joan M. Albi
Secretary of the Senate