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

SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

112th Legislative Day Tuesday, April 28, 1998


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:

BOARD OF DIRECTORS OF THE

COLORADO COMPENSATION

INSURANCE AUTHORITY

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:

STATE BOARD OF AGRICULTURE

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