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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

28th Legislative Day Tuesday, February 3, 1998

Call to By the President at 9:00 a.m.

Order

Prayer By the chaplain, Dr. Mel Taylor.

Roll Call Present--Total, 34

Absent/Excused--Johnson--Total, 1.

Quorum The President announced a quorum present.

Reading of On motion of Senator Reeves, reading of the Journal of February 2nd was dispensed with

Journal and the Journal stands approved as corrected by the Secretary.

SENATE SERVICES REPORT

Senate Correctly printed: SB 98-168, 169, 170; SCR 98-3, 4.

Services

Correctly engrossed: SB 98-19, 23, 54.

Correctly revised: HB 98-1121.

COMMITTEE OF REFERENCE REPORT

Judiciary After consideration on the merits, the committee recommends that SB 98-8 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, line 4, strike "waiver. (1)" and substitute "waiver dispositional hearing. (1) (a)";

line 9, after the period, insert the following:

"IN ADDITION, EVERY PERSON ACCUSED OF A CLASS 4, 5, OR 6 FELONY BY DIRECT INFORMATION OR FELONY COMPLAINT WHICH FELONY REQUIRES MANDATORY SENTENCING OR IS A CRIME OF VIOLENCE AS DEFINED IN SECTION 1611309 OR IS A SEXUAL OFFENSE UNDER PART 4 OF ARTICLE 3 OF TITLE 18, C.R.S., HAS THE RIGHT TO DEMAND AND RECEIVE A PRELIMINARY HEARING WITHIN A REASONABLE TIME TO DETERMINE WHETHER PROBABLE CAUSE EXISTS TO BELIEVE THAT THE OFFENSE CHARGED IN THE INFORMATION OR FELONY COMPLAINT WAS COMMITTED BY THE DEFENDANT.".

Page 2, after line 4, insert the following:

"(b) EVERY PERSON ACCUSED OF A CLASS 4, 5, OR 6 FELONY BY DIRECT INFORMATION OR FELONY COMPLAINT, EXCEPT THOSE WHICH REQUIRE MANDATORY SENTENCING OR WHICH ARE CRIMES OF VIOLENCE AS DEFINED IN SECTION 1611309 OR WHICH ARE SEXUAL OFFENSES UNDER PART 4 OF ARTICLE 3 OF TITLE 18, C.R.S., SHALL PARTICIPATE IN A DISPOSITIONAL HEARING FOR THE PURPOSES OF CASE EVALUATION AND POTENTIAL RESOLUTION.";

line 7, strike "waiver." and substitute "waiver dispositional hearing. (1)";

line 11, after the period, insert the following:

SB 98-8

(Cont.)

"IN ADDITION, EVERY PERSON ACCUSED OF A CLASS 4, 5, OR 6 FELONY BY DIRECT INFORMATION OR FELONY COMPLAINT WHICH FELONY REQUIRES MANDATORY SENTENCING OR IS A CRIME OF VIOLENCE AS DEFINED IN SECTION 1611309, C.R.S., OR IS A SEXUAL OFFENSE UNDER PART 4 OF ARTICLE 3 OF TITLE 18, HAS THE RIGHT TO DEMAND AND RECEIVE A PRELIMINARY HEARING WITHIN A REASONABLE TIME TO DETERMINE WHETHER PROBABLE CAUSE EXISTS TO BELIEVE THAT THE OFFENSE CHARGED IN THE INFORMATION OR FELONY COMPLAINT WAS COMMITTED BY THE DEFENDANT.";

after line 17, insert the following:

"(2) EVERY PERSON ACCUSED OF A CLASS 4, 5, OR 6 FELONY BY DIRECT INFORMATION OR FELONY COMPLAINT, EXCEPT THOSE WHICH REQUIRE MANDATORY SENTENCING OR WHICH ARE CRIMES OF VIOLENCE AS DEFINED IN SECTION 1611309, C.R.S., OR WHICH ARE SEXUAL OFFENSES UNDER PART 4 OF ARTICLE 3 OF TITLE 18, SHALL PARTICIPATE IN A DISPOSITIONAL HEARING FOR THE PURPOSES OF CASE EVALUATION AND POTENTIAL RESOLUTION.";

strike line 19 and substitute the following:

"Revised Statutes, is amended, and the said 192705 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:";

line 20, strike "hearing." and substitute "hearing dispositional hearing.";

line 24, after the period, insert the following:

"IN ADDITION, THE DISTRICT ATTORNEY OR A JUVENILE WHO IS ACCUSED IN A PETITION OF A DELINQUENT ACT THAT CONSTITUTES A CLASS 4, 5, OR 6 FELONY WHICH FELONY REQUIRES MANDATORY SENTENCING OR WHICH CONSTITUTES A CRIME OF VIOLENCE AS DEFINED IN SECTION 1611309, C.R.S., OR WHICH CONSTITUTES A SEXUAL OFFENSE UNDER PART 4 OF ARTICLE 3 OF TITLE 18, C.R.S., MAY DEMAND AND RECEIVE A PRELIMINARY HEARING TO DETERMINE IF THERE IS PROBABLE CAUSE TO BELIEVE THAT THE DELINQUENT ACT ALLEGED IN THE PETITION WAS COMMITTED BY THE JUVENILE.";

after line 26, insert the following:

"(1.5) THE DISTRICT ATTORNEY AND THE JUVENILE WHO IS ACCUSED IN A PETITION OF A DELINQUENT ACT THAT CONSTITUTES A CLASS 4, 5, OR 6 FELONY, EXCEPT THOSE THAT REQUIRE MANDATORY SENTENCING OR WHICH CONSTITUTE CRIMES OF VIOLENCE AS DEFINED IN SECTION 1611309, C.R.S., OR WHICH CONSTITUTE SEXUAL OFFENSES UNDER PART 4 OF ARTICLE 3 OF TITLE 18, C.R.S., SHALL PARTICIPATE IN A DISPOSITIONAL HEARING FOR THE PURPOSES OF CASE EVALUATION AND POTENTIAL RESOLUTION. SUCH DISPOSITIONAL HEARING MAY BE HEARD BY A JUDGE OF THE JUVENILE COURT OR BY A MAGISTRATE.

SECTION 4. 136106 (1) (b), Colorado Revised Statutes, is amended to read:

136106. Original criminal jurisdiction. (1) The county court shall have concurrent original jurisdiction with the district court in the following criminal matters:

(b) The issuance of warrants, the conduct of preliminary examinations, THE CONDUCT OF DISPOSITIONAL HEARINGS PURSUANT TO SECTION 165301 (1), C.R.S., AND SECTION 181404 (1), C.R.S., the issuance of bindover orders, and the admission to bail in felonies and misdemeanors.".

Renumber succeeding sections accordingly.

INTRODUCTION OF BILLS--FIRST READING

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

HB 98-1015 by Representative Leyba; also Senator Wham--Concerning continuation of the authority of the department of public health and environment to regulate the administration and monitoring of medications in facilities by qualified unlicensed persons.

Health, Environment, Welfare and Institutions

HB 98-1036 by Representative S. Johnson; also Senator Hopper--Concerning exempting the permanently disabled from having to provide proof of disability to renew their special license plates, and, in connection therewith, extending such exemption to the renewal of identifying placards.

Transportation

HB 98-1052 by Representative Dyer; also Senator Alexander--Concerning the addition of for-profit organizations to the list of student employers for purposes of higher education work-study programs.

Education

HB 98-1054 by Representative McPherson; also Senator Schroeder--Concerning the use of inmate labor for disaster relief.

State, Veterans, and Military Affairs

HB 98-1057 by Representative Sullivant; also Senator Chlouber--Concerning funding for pupils who attend school in a school district other than the school district of residence under the provisions of article 36 of title 22, C.R.S.

Education

HB 98-1079 by Representative Miller; also Senator Ament--Concerning prisoner lawsuits.

Judiciary

HB 98-1081 by Representative Bacon; also Senators Reeves and Hopper--Concerning reporting by motor vehicle owners in conjunction with the registration of such vehicles in the AIR program area.

Transportation

HB 98-1102 by Representative Owen; also Representative Blickensderfer--Concerning enforcement of the Colorado instant criminal background check system, and, in connection therewith, changing the repeal date to coincide with federal law and clarifying certain provisions within the Colorado instant criminal background check system.

Judiciary

HB 98-1103 by Representative Clarke; also Senators Bishop, Linkhart, and Reeves--Concerning payment for medically-related services to inmates in the department of corrections.

Judiciary

HB 98-1139 by Representative Leyba; also Senator Chlouber--Concerning a strengthening of the prohibition against the use of tobacco at schools.

Education

HB 98-1141 by Representative Allen; also Senator Lacy--Concerning termination of a tenancy on the basis of acts that constitute a public nuisance.

Judiciary

HB 98-1143 by Representatives Spradley, Dyer, Epps, George, S. Johnson, Keller, Lawrence, and May; also Senators Arnold, Bishop, and Pascoe--Concerning the eligibility requirements for children to be enrolled in the health care program sponsored by the public employees' retirement association.

State, Veterans, and Military Affairs

HB 98-1168 by Representative Arrington; also Senator Coffman--Concerning limitations on the use of social security account numbers.

State, Veterans, and Military Affairs

HB 98-1176 by Representative Swenson; also Senator Powers--Concerning waste tire recycling, and, in connection therewith, directing the department of local affairs to use moneys from the waste tire recycling development cash fund to provide partial reimbursement to waste tire processors and end users.

Local Government

HB 98-1208 by Representatives S. Williams, Bacon, and Keller; also Senator Wattenberg--Concerning the exception of school psychologists and school social workers from certain teacher licensing examination requirements.

Education

HB 98-1210 by Representatives Tupa, Epps, Clarke, and S. Williams; also Senator Wham--Concerning the infant immunization tracking system.

Health, Environment, Welfare and Institutions

HB 98-1225 by Representative Epps; also Senator Wham--Concerning adjustment of the fee for the physicians' and physician assistants' peer health assistance program.

Health, Environment, Welfare and Institutions

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

HJR 98-1007 by Representative Entz; also Senator Ament--Concerning modification of the drinking water eligibility list.

(Printed in House Journal, January 19, pages 109-114.)

Laid over one day under Senate Rule 30(e), and placed on the calendar of Wednesday, February 4.

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:

SB 98-19 by Sen. Chlouber; Rep. George--Extending Horse Racing Regulations

The question being "Shall the bill pass?" the roll was called with the following result:

YES 31

NO 3

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
E
Phillips
Y
Wattenberg
Y

Blickensderfer
N
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lamborn
N
Reeves
Y
Wells
Y

Coffman
N
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.

SB 98-54 by Sen. Dennis; Rep. Kaufman--Regulating Private Prisons

The question being "Shall the bill pass?" the roll was called with the following result:

YES 34

NO 0

EXCUSED 1

ABSENT 0

Alexander
Y
Feeley
Y
Mutzebaugh
Y
Tanner
Y

Ament
Y
Hernandez
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
Y
Johnson
E
Phillips
Y
Wattenberg
Y

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: Bishop, Chlouber, Hopper, Mutzebaugh, Schroeder, Tebedo.

SB 98-23 by Sen. Pascoe; Representative Morrison--Crib Safety

The question being "Shall the bill pass?" the roll was called with the following result:

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Hernandez, Hopper, Martinez, Phillips, Rupert, Tanner, Thiebaut.

HB 98-1121 by Rep. Pfiffner; Senator Powers--Continuation Of Veterans Affairs Board

The question being "Shall the bill pass?" the roll was called with the following result:

A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Ament, Bishop, Chlouber, Congrove, Dennis, Hernandez, Linkhart, Martinez, Mutzebaugh, Norton, Pascoe, Perlmutter, Phillips, Rupert, Tebedo, Thiebaut, Wattenberg, Wham.

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

State, After consideration on the merits, the committee recommends that HB 98-1043 be

Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole

and Military with favorable recommendation:

Affairs

Amend reengrossed bill, page 2, line 23, after "COLLECTED", insert "BY THE OFFICE OF THE SECRETARY OF STATE&QUOT;.

Page 7, strike lines 22 through 26.

Page 8, strike lines 1 through 21.

Renumber succeeding sections accordingly.

Page 1, strike lines 101 and 102 and substitute "CONCERNING CONTINUATION OF THE FUNCTIONS OF THE SECRETARY OF&QUOT;.

Judiciary After consideration on the merits, the committee recommends that the following be postponed indefinitely: SB 98-57

INTRODUCTION OF BILL--FIRST READING

The following bill was read by title and referred to the committee indicated:

SB 98-171 by Senator Lacy; also Representative Dean--Concerning modification of the "Metropolitan Football Stadium District Act", and, in connection therewith, establishing biennial district elections and modifying the terms of the agreement that the board of directors negotiates with a national football league franchise.

Business Affairs and Labor

MESSAGE FROM THE HOUSE

February 3, 1998

Mr. President:

The House has voted to concur in the Senate amendments to HB98-1002 and has repassed the bill as so amended.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Tuesday, February 3, was laid over until Wednesday, February 4, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring Stanley Ogilvie by Senator Bishop

Memorializing Frances M. Deluca by Senator Thiebaut

Memorializing Katherine Jaber by Senator Thiebaut

Memorializing Lolita S. Vidmar by Senator Thiebaut

Memorializing Ann Tice by Senator Thiebaut

Memorializing Al Charleston by Senator Thiebaut

On motion of Senator Wells, the Senate adjourned until 9:00 a.m., Wednesday,

February 4, 1998.

Approved:

Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate

YES 31		NO 3		EXCUSED 1		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	E	Phillips	Y	Wattenberg	Y
Blickensderfer	N	Lacy	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lamborn	N	Reeves	Y	Wells	Y
Coffman	N	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

YES 34		NO 0		EXCUSED 1		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	E	Phillips	Y	Wattenberg	Y
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